Res 2008-125 - Laserfiche WebLink

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First Amendment to Development Agreement This First Amendment to Development Agreement ("First Amendment" herein) is made and entered into on this 16'h day of September 2008 by and between Post Road Partners, L.L.C., a Texas limited liability corporation, doing business at 890 Exotic Isle, Bay City, Texas 77414 ("Developer" herein) and the City of San Marcos, Texas, a home rule municipal corporation doing business at 630 East Hopkins, San Marcos, Texas 78666 ("City herein"). This First Amendment amends a Development Agreement previously entered into by said parties dated June 3, 2008 ("Development Agreement" herein). For and in consideration of the mutual agreements exchanged herein, City and Developer do hereby contract as follows: 1. Section II of the Development Agreement is hereby amended to read as follows: II. Construction of the Public Improvements Developer has retained the engineering firm of Byrn and Associates, Inc. to prepare cost estimates and design the Public Improvements listed in Exhibits A and B which includes construction costs for the total project to be built (Exhibit A) and for the project without City oversize of the drainage system (Exhibit B). Developer shall use the plans and specifications prepared by Byrn and Associates, Inc. to solicit sealed competitive bids for construction of the Public Improvements. Developer shall furnish a bid tabulation to City prior to the award of the construction contract. At the time the construction contract is awarded and executed by Developer, City shall pay Developer an