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<br />RESOLUTION NO. 2007- 196 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS. APPROVING AMENDMENT #1 TO <br />THE ADVANCED FUNDING AGREEMENT BETWEEN THE <br />CITY AND TXDOT FOR RECONFIGURATION OF THE <br />RAMPS NEAR 1-35 AND MCCARTY LANE; AUTHORIZING <br />THE INTERIM CITY MANAGER TO EXECUTE THE <br />AGREEMENT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. In February 2007, as part of a development agreement with Creekside <br />Square, L TO ("Creekside"), the City Council approved an Advanced Funding Agreement <br />with TxDOT for the reversal of the on and off ramps near McCarty Lane. <br /> <br />2. Creekside is in the process of building a new shopping center on a 119.165 <br />acre, more or less, piece of property located near the McCarty Lane exit along IH-35 <br />South. For the purpose of making the shopping center more accessible, Creekside <br />desires to have the entrance and exit ramps for the McCarty exit on southbound IH-35 <br />reconfigured. <br /> <br />3. In order to accomplish the reconfiguration of the 1-35 ramps, the City and <br />Creekside entered into a Capital Improvement Agreement wherein Creekside agreed to <br />pay for all of the costs of the ramp reconfiguration as set forth in the TxDOT Advanced <br />Funding Agreement, and any increases and amendments thereto. <br /> <br />4. The attached Advance Funding Agreement Amendment #1, increases the <br />cost of the reconfiguration due to an increase in construction costs. Creekside will be <br />responsible for the payment of these costs. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached Advance Funding Agreement Amendment #1 between <br />the City of San Marcos, Texas and TxDOT is approved. <br /> <br />PART 2. The Interim City Manager, Collette Jamison, is authorized to execute <br />the agreement on behalf of the City. <br />