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CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT <br />This Chapter 380 Economic Development Agreement (the "Agreement ") is made and <br />entered into as of November 1, 2010 (the "Effective Date "), by and between the City of San <br />Marcos, Texas, a Texas municipal corporation (the "City ") and Hays Energy Limited Partnership, <br />a Texas limited partnership authorized to do business in the State of Texas ( "HELP"). <br />ARTICLE I <br />RECITALS <br />1.1. HELP owns certain real property in Hays County, Texas (the "Property ") <br />comprised of one tract which lies within the boundaries of the City of San Marcos (the "City <br />Tract "), as described in Exhibit "A ", and one tract which lies within the extraterritorial <br />jurisdiction ( "ETJ ") of the City of San Marcos (the "BTJ Tract "), as described in Exhibit `B" and <br />each of which are shown together on Exhibit "C ". <br />1.2. The City Tract and any improvements and personal property on it are subject to <br />applicable City ad valorem property and other taxes. Except as may be required by applicable <br />laws, the ETJ Tract is not subject to City ad valorem property and other taxes, but is subject to the <br />annexation authority of the City. <br />1.3. An affiliate of HELP intends to construct a photovoltaic solar power farm on the <br />Property (the "Project ") according to the Project Description set forth in Exhibit "D ", attached <br />hereto and made a part hereof. <br />1.4. The City has determined that the Project, being a significant investment in <br />alternative energy production, will create opportunities for economic development involving <br />green industries and jobs while also advancing the City's goal of supporting environmental <br />protection. <br />