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AMENDMENT NO. 3 TO THE <br /> REGIONAL WASTEWATER SERVICES AND FACILITIES <br /> COST SHARING AGREEMENT <br /> WITH THE CITY OF SAN MARCOS, TEXAS <br /> This Amendment No. 3 to the Regional Wastewater Services and Facilities Cost Sharing <br /> Agreement("this Amendment") is effective as of 2026 ("the <br /> Effective Date"),by and between the City of San Marcos,Texas,a home rule municipality <br /> (the "City"); Clint Jones, in his individual capacity as landowner of the Fleming Farms <br /> Tract ( as hereinafter defined) ("Jones"); Rattler Ridge, LP, a Texas limited partnership <br /> ("Rattler"); JLBC 710 Investments, LLC, a Texas limited liability company ("JLBC"); BBI <br /> COTTONWOOD 2012 LP ("Cottonwood"); Qualico Developments (U.S.), INC. <br /> ("Mason"); Mulberry Meadows Development Company, LLC ("Mulberry"); Sedona <br /> Municipal Utility District No. 1 ("Sedona MUD No. 1");Sedona Municipal Utility District <br /> No. 2 ("Sedona MUD No. 2"); and Guadalupe County Municipal Utility District No. 9 <br /> (Guadalupe MUD No. 9"). All of the foregoing are sometimes referred to collectively as <br /> "the Parties" and individually as "a Party". All of the foregoing other than the City are <br /> sometimes referred to collectively as "the Developers" and individually as "a <br /> Developer". <br /> RECITALS <br /> WHEREAS, the Parties have previously executed the Regional Wastewater Services and <br /> Facilities Cost Sharing Agreement, effective May 14, 2024, and approved by Resolution <br /> 2024-78R on May 7, 2024 (the "Original Agreement"), as amended by Amendment No 1, <br /> executed April 3, 2025, and approved by Resolution 2025-56R on April 1, 2025 <br /> ("Amendment No. 1") and Amendment No. 2, executed January 27, 2026 ("Amendment <br /> No. 2"), the Original Agreement with Amendment No. 1 and Amendment No. 2 is <br /> referred to herein as the "Cost Sharing Agreement"); and <br /> WHEREAS, the Developers have requested, and the City agrees to, changes to the <br /> Absorption Schedule (attached as Exhibit "D") and Payment Schedule (attached as <br /> Exhibit"E"); and <br /> WHEREAS, Guadalupe MUD No. 9, Sedona MUD No. 1 and Sedona MUD No. 2 have <br /> joined in the Cost Sharing Agreement by executing and submitting Joinder Agreements <br /> (attached as Exhibit"1", Exhibit"2", and Exhibit"3", respectively). <br /> Amendment No. 3- Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2026-XXR <br /> Page 1 of 21 <br />