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<br />56. <br /> <br />RESOLUTION NO. 2005- 44 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. 2 TO THE <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY AND <br />VISION LAND GROUP CONCERNING THE COTTONWOOD <br />CREEK DEVELOPMENT; SUBSTITUTING COTTONWOOD <br />CREEK JDR, LTD. AS THE DEVELOPER UNDER THE <br />AGREEMENT; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE AMENDMENT; AND DECLARING AN <br />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 Cottonwood Creek development <br />along Highway 123 South. <br /> <br />2. The City and the Developer have agreed to amend the Agreement to substituting <br />Cottonwood Creek JDR, Ltd. as the Developer under the Agreement, and to increase the level of the <br />City's participation in the Developer's cost for water and wastewater facility extensions to serve the <br />development. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The terms and conditions ofthe attached Amendment No.2 to 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 />P ART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on April 5, 2005. <br /> <br />~~OM() <br /> <br />Mayor <br /> <br />Attest: <br /> <br />oy!1/r~~:!f&rU1vh/ <br /> <br />Janis K. Womack <br />City Clerk <br />