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<br />Bk Vol pg <br />O~021888 ~ge?'14 585 <br /> <br />105. <br /> <br />FIRST AMENDMENT TO AMENDED AND RESTATED·TAX ABATEMENT <br />AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS AND HAYS ENERGY LIMITED PARTNERSHIP <br />FOR DEVELOPMENT OF POWER GENERATION FACILITY <br /> <br />This First Amendment to Amended and Restated Tax Abatement Agreement (this "First <br />Amendment") is entered into between the City of San Marcos, Texas (the "City"), a Texas municipal <br />corporation, and Hays Energy Limited Partnership ("Hays Energy"), a Texas limited partnership. <br /> <br />WITNESSETH <br /> <br />WHEREAS, the City and Hays Energy entered into the Amended and Restated T~"'( Abatemertt <br />Agreement on July 11,2000 (the "Tax Abatement Agreement"); and <br /> <br />WHEREAS, the City and Hays Energy now desire to amend the Tax Abatement Agreement to <br />permit such modifications as set forth herein. <br /> <br />Accordingly, the parties hereto agree as follows: <br /> <br />PART 1. GENERAL PROVISIONS <br /> <br />Section 1.01. Unless otherwise defined herein or the context otherwise requires, terms <br />defined and the rules of interpretation contairted in the Tax Abatement Agreement shall apply to this <br />First Amendment. <br />Section 1.02. This First Amendment is authorized and governed by the Property <br />Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code), and by the City's <br />Policy on Tax Abatement and Economic Development Incentives (the "Policy") adopted by <br />Resolution on January 12, 1998. <br />Section 1.03. This First Amendment is subject to the rights of the hòlders of outstanding <br />bonds of the City. <br /> <br />PART 2. AMENDMENTS <br /> <br />Section 2.01. \\lith effect from the date of this First Amendment, the Tax Abatement <br />Agreement is amended as foUows: <br />