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CONTRIBUTION IN AID OF CONSTRUCTION <br />AGREEMENT <br />As of October 20, 2015, this Contribution In Aid of Construction Agreement <br />( "Agreement ") is entered into between the City of San Marcos, Texas (the "City "), a Texas <br />municipal corporation, and Amazon.com.kydc LLC, a limited liability company organized in the <br />State of Delaware ( "Amazon ") and duly authorized to conduct business in the State of Texas (the <br />"State "). The City and Amazon may also be referred to collectively as the "Parties" or <br />individually as a "Party." Capitalized terms not otherwise defined have the meaning given them <br />in Article II. <br />ARTICLE I <br />RECITALS <br />Section 1.01. Amazon is an electronics products and internet retail sales company with <br />distribution and fulfillment centers in locations in the United States and other countries. <br />Section 1.02. City and Amazon previously entered into a Chapter 380 Economic <br />Development Incentive Agreement on July 21, 2015 under which Amazon agreed to build (or <br />cause to be built) and operate an approximately 855,000 square -foot fulfillment center with a <br />capital investment of approximately $60,000,000 in building improvements, and approximately <br />$131,000,000 in personal property, furniture, fixtures, equipment and inventory at the Project in <br />the City, and in which Amazon will provide at least 350 Jobs and an aggregate annual payroll of <br />at least $11,284,000. <br />0 <br />