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SECOND AMENDMENT TO CHAPTER 380 ECONOMIC DEVELOPMENT <br />AGREEMENT BETWEEN THE CITY OF SAN MARCOS, <br />TEXAS AND STONE CREEK CROSSING, L.P. <br />This amendment (the "Second Amendment to Agreement ") is entered into by and <br />between the City of San Marcos, Texas (the "City ") and Stone Creek Crossing, L.P., a Delaware <br />limited partnership (the "Owner ") and hereby amends, supplements and modifies that certain <br />Chapter 380 Economic Development Agreement between the City and the Owner dated to be <br />effective the 20 day of September, 2007 (the "Agreement ") and previously amended by a First <br />Amendment that was executed to be effective on October 23, 2008. The City and the Owner <br />may also collectively be referred to as the "Parties." <br />1. Paragraph 2.19 of the Agreement is hereby amended to read as follows: <br />2.19 "Maximum Reimbursement Amount" means the total <br />amount of all Chapter 380 Payments paid ( "reimbursed ") to the Owner by <br />the City, not to exceed X000;000:00 $4,000,000.00 from Ad Valorem <br />Tax Revenues and from Sales Tax Revenues, as provided in and over the <br />term of this Agreement." <br />2. All other terms of the Agreement and the First Amendment of the Agreement not <br />amended, modified or supplemented by this Second Amendment to Agreement shall remain the <br />same and in full force and effect. <br />EXECUTED to be effective as of May 3, 2011. <br />CITY OF SAN MARCOS, TEXAS <br />By: <br />J R. Nuse, P.E., City Manager <br />STONE CREEK CROSSING, L.P., <br />A Delaware limited partnership <br />By: Stone Creek Crossing GP, L.L.C., <br />a Delaw e limited liability company, <br />its g eral rt <br />By: _ �i- <br />Name: �(�,'i l k L,a W <br />Title: k , Ia�i:�� <br />