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<br />I <br /> <br />I <br /> <br />I <br /> <br />1 61 . <br /> <br />T AX ABATEMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS <br />AND CFAN COMPANY FOR MANUFACTURING FACILITY EXPANSION <br />IN SAN MARCOS REINVESTMENT ZONE NO 2 <br /> <br />ThIS tax abatement agreement (thIS "Agreement") IS entered mto between the CIty of San <br />Marcos, Texas (the "CIty"), a Texas mumcIpal corporatIOn, and CF AN Company ("CF AN"), a <br />partnershIp <br /> <br />PART 1 GENERAL PROVISIONS <br /> <br />Section 1.01. ThIs Agreement IS authonzed and governed by the Property Redevelopment <br />and Tax Abatement Act (Chapter 312 of the Texas Tax Code), and by the EconomIC Development <br />Incentlves PolIcy (the "Pohcy") adopted by ResolutIOn on May 3, 2005 <br />Section 1.02. CF AN IS the owner of the tract of property (the "Property") located at 1000 <br />Technology Way, m San Marcos, Hays County, Texas, legally described as Lots 1,2 and 3 of the San <br />Marcos Technology Park SubdIvIsIOn, accordmg to the map or plat recorded m Volume 5, pages <br />147-151 of the Hays County Plat Records. The Property meets the elIgibIhty cntena for tax <br />abatement under the Tax Abatement Act and the Pohcy The Property IS sItuated wIthm the CIty of <br />San Marcos Remvestment Zone No 2 deSIgnated by separate ordmance by the CIty CouncIl. <br />Section 103. The Property IS not part of an Improvement proJect financed wIth tax <br />mcrement bonds. <br /> <br />Section 1.04. ThIS Agreement IS subJect to the nghts of the holders of outstandmg bonds of <br />the CIty <br />Section 1.05. The Property is not owned or leased by any member of the San Marcos CIty <br />CouncIlor any member of the CIty Plannmg and Zomng CommISSIOn. <br />Section 1.06. CF AN agrees to ensure that all of the Improvements described below wIll <br />conform to all apphcable CIty ordmances and regulatIOns. <br /> <br />PART 2. PROPERTY IMPROVEMENTS <br /> <br />Section 2.01. CF AN mtends to construct bUIldmg Improvements (the "Improvements") and <br />mstall manufacturmg eqUIpment (includmg toolmg) (the "EqUIpment") at CFAN's manufacturmg <br />facIhty (the "FacIhty") on the Property over a ten-year penod at a total cost of approxImately <br />$30,000,000 <br /> <br />Section 2.02. CF AN wIll use ItS best efforts to construct the Improvements and mstall the <br />EqUIpment at the FacIlIty m accordance wIth the schedule described m the "Proposed Investment" <br />