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1 <br />AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND <br />THE SAN MARCOS AREA CHAMBER OF COMMERCE, INC. FOR ECONOMIC <br />DEVELOPMENT AND SMALL BUSINESS ECONOMIC DEVELOPMENT SERVICES <br />This Amendment amends, modifies and supplements that certain Agreement Between the <br />City of San Marcos and the San Marcos Area Chamber of Commerce, Inc. for Economic <br />Development and Small Business Services effective October 1, 2007 (the "Agreement") and is <br />entered into by and between the City of San Marcos, Texas, a Texas municipal corporation (the <br />"City") and the San Marcos Area Chamber of Commerce, Inc. (the "Chamber"). <br />SECTION 1. RECITALS <br />1.1 In 2007 the City and the Chamber entered into the Agreement for general economic <br />development services and economic development services targeted to small businesses. <br />1.2 The Agreement provided for a two year term subject to the right of the City to <br />terminate the Agreement sooner for reasons stated in the Agreement. <br />1.3 The City seeks to continue the Agreement provided certain terns are amended. <br />1.4 In consideration of the continuation of the Agreement for the remainder of the <br />original term and other good and valuable consideration, the parties hereby agree to amend the <br />Agreement as set forth below. <br />SECTION 2. AMENDMENTS TO AGREEMENT <br />2.1 The first sentence of Section 3.A. of the Agreement is hereby amended to read as <br />follows: "The City will pay to the Chamber an amount not to exceed $307,000.00 in P e'. of...- - <br />the first year of this Agreement and $320,159.00 in the second year of this Agreement for <br />the Chamber's services provided under this Agreement." <br />2.2 The second sentence of Section 4 of the Agreement is amended to read as follows: <br />This Agreement may be extended for up to three one-year periods after the initial <br />term with the mutual agreement of both parties, executed in the form of a letter <br />agreement setting forth any changes in the terms of this Agreement, including any <br />changes in the amounts of money to be paid by the City. <br />2.3 The following Subsection "G" is hereby added to Section 5 of the Agreement: <br />G Separate Account. The Chamber shall maintain the funds provided by <br />the City under this Agreement in a separate account and the Chamber shall not <br />commingle the funds in that account with any other money, or maintain them in any <br />other account The Chamber shall maintain complete and accurate financial records <br />of each expenditure of the funds and at the request of the City Manager or his