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91. <br /> <br /> Amendment No. 1 to <br />Development Agreement Concerning <br />Proposed Cottonwood Creek Development <br /> <br /> Tiffs is Amendment No. 1 to the Development Agreement dated September 24, 2002 (the <br />"Agreement') between the City of San Marcos, a Texas municipal corporation (the "City") and the <br />Vision Land Group (the "Developer"). <br /> <br /> 1. The City and the Developer agree to amend Section 2.C of the Agreement as follows <br />(underlining indicates added text; c, verstrilcc indicates deleted text): <br /> <br /> C. The Developer will donate to the City a site of approximately one acre for the City's <br />construction of an elevated water storage tank, at a suitable location on the ProPerty mutually <br />agreed upon by the parties. This donation may be accomplished in connection with the <br />subdivision platting of a portion of the Property, or by separate instrument. The donation will <br />be .... ~.~ ,,~, ~.~ **,~, r~~ ~ ~ 2003 at such time as the City is ready to move <br />forwards:With: the donatiOnl :lf the City chooses to secure the donation in connection with <br />plattin~ :the'. Cit¥:~ill .n0tify the Developer in the course of review of the proposed <br />subdivi~i~:~¢i'ht. If~i~:~.':~i:~Y ~hooses to secure the donation by seParate instrument~ the City <br />will Pi'oVide'wi:i~ien notice to the Developer, and the Developer will e~ecute and deliver the <br />donation instrument to the City within 60 days of the date of the notice· <br /> <br />2. All remaining provisions of the Agreement remain in fUll force and effect. <br /> <br />Executed and effective on Apr±l 13 <br /> <br />,2004. <br /> <br />City of San Marcos <br /> <br />BDYa~ O'Leary~ City ~, ~ager <br /> <br />Vision Land Group, Ltd. <br />A T~eld ipartnership <br />By: ~_~] x,t.A/~vl, ~ <br /> Randall Morris, Presidem <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br /> This insmtment was acknowledged before me on ~r'i t ~ ,2004 by Randall <br />Morris, known personally to me, as President of Vision Land GroUp, Ltd., a Texas limited <br /> <br />partnership, on behalf of that limited partnership. <br /> <br /> <br />