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<br />I <br /> <br />I <br /> <br />I <br /> <br />AGREEMENT TO ISSUE BONDS <br /> <br />THIS AGREEMENT, entered into as of the 1st day of August <br />1979, by and between City of San Marcos Industrial Development <br />Corporation (the "Corporation"), created pursuant to the auth- <br />ority of the Development Corporation Act of 1979, Senate Bill <br />1275, 66th Texas Legislature, Regular Session (the "Act"), and <br />Butler Manufacturing Company, a Delaware corporation duly auth- <br />orized and licensed to do business in the State of Texas (the <br />"User"). for the purpose of carrying out the public purpose <br />set forth in the Act, including the promotion and development <br />of commercial, industrial and manufacturing enterprises to <br />promote and encourage employment and the public welfare; <br /> <br />WIT N E SSE T H: <br />---------- <br /> <br />WHEREAS, the City of San Marocs (the "Unit"). has author- <br />ized and approved the creation of the Corporation to act on <br />behalf of the Unit for the public purpose of furthering on <br />behalf of the Unit the promotion and development of.. cormnercial <br />industrial and manufacturing enterprises to promote and en- <br />courage employment and the public welfare; and <br /> <br />WHEREAS, the Corporation is authorized by the Act to <br />acquire, construct, improve, maintain, equip and furnish and <br />to lease or sell "projects," as such term is defined in the <br />Act, or to. make loans for the purpose of providing financing <br />for all or part of the cost of a project, and the Corporation <br />is further authorized to issue its bonds for the purpose of <br />paying all or part of the cost of a project; and <br /> <br />WHEREAS, the User desires to acquire and construct an <br />industrial .and manufacturing facility, more particularly des~ <br />cribed in Exhibit "A" attached hereto, within the Unit (the <br />"Project"), which Project is suitable for the promotion of <br />industrial development and expansion,.. thepromotio.n; of employ- <br />mentin ;the Unit. arid for use by manufacturing or industrial <br />enterprises; and <br /> <br />WHEREAS, pursuant to the Act, the Corporation is author- <br />ized to issue the bonds hereinafter described, which bonds <br />shall never constitute an indebtedness or pledge of <br />