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<br />Amendment <br /> <br />I The CIty, SMFS and POSM agree to amend the Agreement as follows <br /> <br />1) A new Sectlon 3 08 IS added to the Agreement to read as follows <br /> <br />Section 3.08. A. The CIty agrees to consIder modIfymg and WaIvmg landscapmg and <br />sIgn regulatIOns and standards m the CIty'S Land Development Code related to the <br />ProJect. In consIdenng whether to approve modIficatIOns and Waivers, the CIty Manager <br />IS authonzed to conSIder 1) the extent to whIch the archItectural character and pedestnan <br />amenitles proposed for the ProJect exceed CIty standards m the Land Development Code, <br />and 2) the extent to whIch the archItectural character and pedestnan amemtIes proposed <br />for the ProJect help to mItIgate the need for speCIfic adherence to landscapmg and SIgn <br />regulatIOns and standards m the Land Development Code. <br /> <br />B Pnme agrees to submIt detailed plans and speCIficatIOns for the ProJect to the CIty The <br />CIty staff wIll reVIew the plans and speCIficatIOns WIth Pnme to determme the nature and <br />extent of modIficatIOns and waIvers of landscapmg and SIgn regulatIOns and standards m <br />the CIty'S Land Development Code that WIll be approved, usmg the cntena m SectIOn <br />3 08.A above The CIty Manager wIll confirm m wntmg to Pnme the nature and extent of <br />modIficatIOns and Waivers to landscapmg and SIgn regulatIOns and standards m the CIty'S <br />Land Development Code that are approved by the CIty <br /> <br />I <br /> <br />All remammg terms and condItIOns of the Agreement shall remam m full force and effect for the <br />duratIOn of the Agreement. By sIgmng thIS amendment, the partIes understand and agree that <br />thIS amendment WIll become a part of the Agreement. <br /> <br />ThIS amendment IS effectlve thIS <br /> <br />day of February, 2005 <br /> <br />CITY OF SAN MARCOS, TEXAS <br /> <br />By' ~.~~ <br /> <br />Dan O'Leary, CIty anager <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />ThIS mstrument was acknowledged before me on M tit rGh <g , 2005 by Dan <br />I <br />O'Leary, known personally by me to be the CIty anager of the CIty of San Marcos, on behalf of <br />the CIty of San Marcos. <br /> <br />I <br /> <br />~,~I~f"'f/~f. <br />~~o~......~' <br />!~/ \ \ <br />~*l. l*i <br />';o:.~~~....~~.....l <br />~"""~:I1""~'\ <br /> <br />KAREN SMm-I <br />Nl"Jlill'J Public, Stole of Texas <br />My c;",'TlffilasVJrI 8q~11lS <br />FEBRUAHY 6, 2006 <br /> <br /> <br />Notary seal. <br /> <br />2 <br />