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90. <br /> <br />RESOLUTION NO. 2004- 68 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF AMENDMENT NO. 1 TO THE <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY AND <br />VISION LAND GROUP CONCERNING THE PROPOSED <br />COTTONWOOD CREEK DEVELOPMENT; AUTHORIZING THE <br />CITY MANAGER TO EXECUTE THE AMENDMENT; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br /> 1. The City Council approved a development agreement (the "Agreement") with the Vision <br />Land Group (the "Developer") on September 24, 2002 regarding the proposed Cottonwood Creek <br />development along Highway 123 South. <br /> <br /> 2. The City and the Developer have agreed to amend the Agreement to postpone the <br />requirement for donation of a site for a new elevated water storage tank by the Developer until the <br />City determines it is needed. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br /> PART 1. The terms and conditions of the attached Amendment No. 1 the Agreement are <br />approved. <br /> <br /> PART 2. The City Manager, Dan O'Leary, is authorized to execute the amendment on behalf <br />of the City. <br /> <br />PART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on April 12, 2004. <br /> <br />Atte,,~t: <br /> <br />Jarfis K. Womfic'k <br />City Clerk <br /> <br />Robert Habingreither <br />Mayor <br /> <br /> <br />