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<br />I <br /> <br />I <br /> <br />,I <br /> <br />26. <br /> <br />AMENDMENT NO. 1 TO <br />OVERSIZE REIMBURSEMENT AGREEMENT FOR UTILITY IMPROVEMENTS <br /> <br />This is Amendment No. 1 to the Agreement dated July 13, 2004 (the "Agreement") between the City <br />of San Marcos (the "City"), 630 E. Hopkins, San Marcos, TX 78666, and J.M.C. Realty, Inc. (the <br />"Developer"), c/o J. Michael Chargois, P.O. Box 204385, Austin, TX 78720-4385. <br />RECITALS <br /> <br />1. The City and the Developer entered into the Agreement in connection with wastewater utility <br />improvements (the "Utility Improvements") to be constructed by the Developer to serve the San Marcos <br />Toyota development (the "Development") in the City, and to provide for future City utility needs. <br /> <br />2. The Developer and the City wish to revise the Agreement with respect to the cost of construction <br />and the deadline for completing construction. <br /> <br />3. The Developer has provided the City with a copy of the bid tabulation sheet signed by the <br />Developer's engineer indicating the actual construction cost for the Utility Improvements is $446,627, of <br />which the City will pay up to 64% to serve utility uses on property other than the Developer's. <br /> <br />AMENDMENT <br /> <br />The City and the Developer, in consideration of the mutual promises, covenants and agreements set <br />forth below, agree to amend the Agreement as follows: <br /> <br />A. Paragraph 3 of the Agreement is amended to read as follows: <br /> <br />3. The City agrees to pay to the Developer an amount not to exceed $287,121, being 64% of <br />the bid cost for the Utility Improvements construction, engineering, easement acquisition and a 3% <br />contingency (if necessary). The City will make monthly payments to the Developer no later than 30 <br />days after City approval of each month's construction and engineering progress payment applications <br />on the Utility Improvements construction project. The Developer will submit progress payment <br />requests in triplicate originals on City-provided forms, which will require approval of the developer's <br />engineer, the City Inspector and the City Director of Engineering. <br /> <br />B. Paragraph 5 of the Agreement is amended to read as follows: <br /> <br />5. The Developer agrees to fully complete the Utility Improvements, including punch list <br />items, no later than October 31, 2006. <br /> <br />All other provisions ofthe Agreement remain in full force and effect. <br /> <br /> <br /> <br />, City Manager <br /> <br />'-/ ) Ii /IM <br /> <br />J. tv\\~e\ 0-,htU~Ol'S) ~I,fSIJ.mt- <br />Printed name, title <br />6 ( \"2--1 Dlo <br /> <br />Date <br /> <br />Date <br />