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166. RESOLUTION NO. 2003- 16 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. 1 TO THE AGREEMENT FOR THE NORTH IH-35 WASTEWATER IMPROVEMENTS PROJECT; AUTHO~Z1NG THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARING AN EFFECT~E DATE. RECITALS: 1. On December 9, 2002, the City CounciI approved a Wastewater Utility hnprovement Agreement (the "Agreement") between the City of San Marcos (the "City"), Bennett Realty Group ("Bennett"), Perry FinanciaI Corporation ("Perry"), Chuck Nash ("Nash"), and Dam Blanco Partnership ("Blanco") 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 aloag IH-35 North of the Blanco River, prepm'ed by Baker-Aicklen & Associates, Inc. and dated July 15, 2002. 2. Blanco and Bennett have requested an amendment to the Agreement to postpone the Janual-y 15, 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. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART I. The attached Amendment No. 1 to the Agreement for the Project is approved. PART 2. The City Manager; Dan O'Leary, is authorized to execute the amendment on behalf of the City after execution of the amendment by the other parties. PART 3. This Resolution is in full force and effect immediately fi'om and after its adoption. ADOPTED on January 13, 2 0 0 3. At~st:j City Clerk Robert B. Habingreither Mayor