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SECOND ADDENDUM TO CHAPTER 380 ECONOMIC <br /> DEVELOPMENT INCENTIVE AGREEMENT <br /> THE STATE OF TEXAS § <br /> COUNTY OF HAYS § <br /> This Second Addendum to Consent and Development Agreement (this "Addendum") is <br /> entered into between the between the City of San Marcos, Texas (the "City"), a Texas municipal <br /> corporation, and Humpty Dumpty SSM, Ltd. (the "Owner"). <br /> RECITALS <br /> A. City and Owner entered into a Chapter 380 Economic Development Incentive <br /> Agreement dated effective as of July 21, 2015 (the "380 Agreement") related to the <br /> redevelopment of the Springtown Shopping Center ("Springtown") bounded by IH-35 North, <br /> Thorpe Lane and Springtown Way(the "Site")within the full purpose limits of the City. <br /> B. City and Owner subsequently executed an Addendum to Chapter 380 Agreement <br /> dated November 15, 2016. <br /> Therefore, for good and valuable consideration, the receipt and sufficiency of which are <br /> acknowledged, the Parties agree as follows: <br /> 1. Recitals Incorporated. The foregoing recitals are incorporated herein and made a part of <br /> this Addendum for all purposes. <br /> 2. Effect of Addendum. City and Owner agree that the provisions of the 380 Agreement, as <br /> supplemented by this Addendum, will apply to the entire Site. In the event of any conflict <br /> between the 380 Agreement and this Addendum, the terms of this Addendum will control. <br /> 3. Ten Year Payment Period. Section 4.02 of the 380 Agreement is hereby deleted in its <br /> entirety and replaced with the following: <br /> Beginning as soon as the calendar year 2016, but not later than calendar year 2021, the <br /> Owner may apply for up to ten (10) consecutive annual Grant Payments. Upon <br /> application by the Owner, the City shall make such Grant Payments to the Owner, in <br /> accordance with the following schedule: <br />