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<br />2. The City and the Developer agree to amend Section 3 of the Agreement to add a new <br />subsection 3.J to read as follows: <br /> <br />J. The City agrees to enter into the TXDOT Agreement with TXDOT so that it includes <br />the Developer's Highway 123 Improvements. The City agrees to use the funds paid by the <br />Developer for the Developer's Highway 123 Improvements solely for making payments to <br />TXDOT for the Developer's Highway 123 Improvements. If TXDOT notifies the City of an <br />increase in the cost of the Developer's Highway 123 Improvements, the City will notify the <br />Developer. In the event the amounts of payments by the Developer to the City for the <br />Developer's Highway 123 Improvements exceed the cost to the City of the improvements the <br />[mal cost reconciliation from TXDOT, the City will refund to the Developer the excess amount <br />within 15 days of receipt of the final cost reconciliation from TXDOT. <br /> <br />3, All remaining provisions of the Agreement remain in full force and effect. <br /> <br />Executed and effective on <br /> <br />July 20 <br /> <br />,2005. <br /> <br />City of San Marcos <br /> <br /> <br />ager <br /> <br />Cottonwood Creek JDR, Ltd. <br />A Texas limited partnership <br />By: Alamo Creek Investments, Inc. <br />Its General Partner <br /> <br />By <br />Signature <br /> <br />~Mexrl6 )C-Pr~ <br />Printed name, title <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF +-llf' <br /> <br />'jbis instrument was acknowledged before me on m .'14 ,2005 by <br />~~ t\J\Qrti..5 , known personally to me, as rpY'P of Alamo Creek <br />Investments, Inc., General Partner of Cottonwood Creek JDR, Ltd.., a Texas limited partnership, on <br />behalf of that limited partnership. <br /> <br />.JIo...\lt~ <br />"'!1c2-. <br />(~T~J:) <br />..',:.;i'....~:t' <br />"'..."R~.....t, <br /> <br />JENNY KAY WAlKER <br />Nolar/ ~. State of Telas <br />My COI!lrmslJIon ElqlnS <br />OCT08ER 18. 2007 <br /> <br />