Res 2004-045 - Laserfiche WebLink

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19. AMENDMENT NO.1 TO AMENDED AND RESTATED WASTEWATER UTILITY IMPROVEMENT AGREEMENT RECITALS 1. On October 20,2003, the City of San Marcos (the "City"), Bennett Realty Group ("Bennett"), Perry Financial Corporation ("Perry"), Chuck Nash ("Nash"), Dam Blanco Joint Venture ("Blanco"), Interstate 35 J.V. ("Interstate") and Sun Saddlebrook Limited Partnership ("Sun") entered into an Amended and Restated Wastewater Utility Improvement Agreement (the "Agreement") to jointly participate in funding the costs of the North IH-35 Wastewater Improvements Project (the "Project"), consisting of wastewater mains and associated materials, equipment, and appurtenances (the "Facilities"), as described in the Engineering Report for Evaluation of Wastewater Improvements along IH-35 North of the Blanco River, prepared by Baker-Aicklen & Associates, Inc. and dated July 15,2002. 2. The owners of an additional tract of property in the area of the Project, Joyce Barrett Reasoner and Harry Reasoner (the "Reasoners"), have requested an amendment to the Agreement to add them as Parties to the Agreement, and the Parties to the Agreement wish to amend the Agreement in response to this request. 3. The Parties to the Agreement also wish to amend the Agreement to reflect the fact that Carper-Carma Properties No. I, Ltd. ("Carper-Carma") has succeeded to the interests of Blanco under the Agreement. AMENDMENT Now, therefore, it is understood and agreed by the Parties that the following amendments are incorporated into the Agreement: 1. The Reasoners are added as Parties to the Agreement. By their signatures to this amendment, the Reasoners agree to be bound by all terms and conditions of the Agreement, as amended by this Amendment. 2. Blanco is removed as a Party to the Agreement, and Carper-Carma is added as a Party to the Agreement in place of Blanco. All references in the Agreement to Blanco shall apply instead to Carper-Carma. 3. The Parties other than the Reasoners agree to make prorata contributions towards the cost of acquiring easement rights for the Phase 1 Project across the Reasoners' property, including cash consideration and payment for the Reasoners' prorata portion of the Phase 1 Project costs. The adjusted amount to be contributed towards the Phase 1 Project costs with respect to each Party's Phase 1 Reserved Capacity (including the Reasoners' prorata portion of the Phase I Project costs) is shown on the attached Exhibit C-1. The apportionment of the Reasoners' prorata portion of the Phase 1 Project costs among the other Parties is shown on the attached Exhibit C-2, Table 1, and the 1