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<br />I <br /> <br />RESOLUTION NO. 2007- 28 R <br />- - <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS. APPROVING A CAPITAL <br />IMPROVEMENT AGREEMENT WITH CREEKSIDE <br />SQUARE, L TD; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE AGREEMENT; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. Creekside Square, L TD ("Creekside") is in the process of acquiring a 119.165 <br />acre, more or less, tract of property (the "Property") located near the McCarty Lane exit <br />along IH-35 South in San Marcos, Hays County, Texas. <br /> <br />2. Creekside intends to construct a new shopping center facility on the Property. <br /> <br />3. For the purpose of making the Property more accessible, Creekside desires <br />to have the entrance and exit ramps for the McCarty exit on southbound IH-35 <br />reconfigured. <br /> <br />I <br /> <br />4. In order to accomplish the reconfiguration of the 1-35 ramps, the City and <br />Creekside need to enter into the attached Capital Improvement Agreement, along with <br />an Agreement between the City and TxDOT. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached agreement, between the City of San Marcos, Texas and <br />Creekside Square, Ltd. is approved. <br /> <br />PART 2. The City Manager, Dan O'Leary, is authorized to execute the <br />agreement on behalf of the City. <br /> <br />PART 3. This Resolution is in full force and effect from and after October 1, <br /> <br />2006. <br /> <br />ADOPTED this 6th day of February 2007. <br /> <br />I <br /> <br />~Vlg , <br /> <br />Susan NarvaifO <br />Mayor <br /> <br />Attest: <br />