Res 2003-016 - Laserfiche WebLink

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167. AMENDMENT NO. 1 TO WASTEWATER UTILITY IMPROVEMENT AGREEMENT RECITALS 1. On December 10, 2002, City of San Marcos (the "City"), Bennett Realty Group ("Bermett"), Perry Financial Corporation ("Perry"), Chuck Nash ("Nash"), and Dam Blanco Partnership ("Blanco") entered into a Wastewater Utility Improvement Agreement (the "Agreement") to jointly participate in funding the costs of the North IH-35 Wastewater Improvements Project (the "Project"), consisting of wastewater mains and associated materials, equipment, and appurtenances (the "Facilities"), as described in the Engineering Report for Evaluation of Wastewater Improvements along IH-35 North of the Blanco River, prepared by Baker-Aicklen & Associates, Inc. and dated July 15, 2002. 2. Blanco and Bennett have requested an amendment to the Agreement to postpone the January l 5, 2003 deadline for certain events to occur under the Agreement. 3. Two additional entities, Interstate 35 J.V. ("Interstate") and Sun Saddlebrook Limited Partnership ("Sun"), have requested an amendment to the Agreement to add them as Parties to the Agreement. 4. The Parties to the Agreement wish to amend the Agreement in response to these requests. AMENDMENT Now, therefore, it is understood and agreed by the Parties that the following amendments are incorporated into the Agreement: 1. Interstate and Sun are added as Parties to the Agreement. By their signatures to this an~endment, Interstate and Sun agree to be bound by all terms and conditions of the Agreement, as amended by this Amendment. 2. Paragraph 1 of the Agreement is amended as follows (underlining indicates added text; cvers~ke indicates deleted text): 1. Designation of Project Manager. The Parties agree to engage a limited liability corporation or partnership, to be formed by the Parties other than the City, to serve as project manager (the "Project Manager") for the construction of the Project. The Parties other than the City agree to pay all expenses for the formation of the corporation or partnership in equal shares. The Parties agree that all expenses for the operation of the corporation or partnership will be paid as costs of the Project in accordance with Paragraph 7 below. The documents forming the corporation or parmership, including the documents that define the role, purposes, authority and decision-making processes of the entity, shall be subject to approval by all of the Parties. If the process of forming the entity is not complete and assented to by all of the Parties that make their first escrow payments under Paragraph 7.A.1 by April