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148. <br /> <br />RESOLUTION NO. 2003- 95 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF <br />AMENDMENT NO. 2 TO THE AGREEMENT FOR THE NORTH IH-35 <br />WASTEWATER IMPROVEMENTS PROJECT; AUTHORIZING THE <br />CITY MANAGER TO EXECUTE THE AMENDMENT; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br /> I. On December 9, 2002, the City Council approved a Wastewater Utility Improvement <br />Agreement (the "Agreement") between the City, Be~mett Realty Group ("Bennett"), Perry Financial <br />Corporation, Chuck Nash, and Dam Blanco Partnership ("Blanco") to jointly participate in funding <br />the costs of the North IH-35 Wastewater Improvements Project along IH-35 North of the Blanco <br />River. <br /> <br /> 2. On January 13, 2003, the City Council approved Amendment No. 1 to the Agreement to <br />postpone the deadline for certain events to occur under the Agreement from January 15, 2003 to <br />April 15, 2003, and to add two additional entities, Interstate 35 J.V. and Sun Saddlebrook Limited <br />Partnership as Parties to the Agreement. <br /> <br /> 3. Be~mett and Blanco have requested an amendment to the Agreement to postpone the deadline <br />for certain events to occur under the Agreement from April 15, 2003 to August 15, 2003. <br /> <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached Amendment No. 2 to the Agreement for the Project is approved. <br /> <br /> PART 2. The City Manager, Dtm O'Leary, is authorized to execute the amendment on <br />behalf of the City after execution of the amendment by the other parties. <br /> <br />PART 3. This Resolution is in full rome and effect immediately fi'om and after its adoption. <br /> <br />ADOPTEDon June 9, 2003. <br /> <br /> t: <br /> <br /> K. Womack <br />City Clerk <br /> <br />Robert B. Habingreither <br />Mayor <br /> <br /> <br />