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<br />I <br /> <br />I <br /> <br />I <br /> <br />226. <br /> <br />DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE <br />CITY OF SAN MARCOS AND JAIME AYALA, PRINCIPAL FOR JSA RETAIL, FOR <br />COMMERCIAL DEVELOPMENT PROJECT <br /> <br />This development incentive agreement (this "Agreement") is entered into between the City of <br />San Marcos, Texas (the "City"), a Texas municipal corporation, and Jaime Ayala as principal for <br />JSA Retail, LLC ("JSA Retail"). <br />PART 1. GENERAL PROVISIONS <br /> <br />Section 1.01. This Agreement is authorized and governed by the Economic Development <br />Incentives Policy (the "Policy") adopted by the City Council by Resolution on February 23,2004. <br />Section 1.02. JSA Retail is constructing a 11,890 square foot Sears retail department store <br />on a 1.23 acre lot, located at 1705 IH 35 South, in San Marcos, Hays County, Texas. The Property <br />meets the eligibility criteria for development incentives under the Policy. <br />Section 1.03. JSA Retail agrees to ensure that all of the improvements described in Part 2 <br />below will conform to all applicable City ordinances and regulations, including but not limited to the <br />City's Master Plan, and Chapter 5-Buildings and Building Regulations, of the San Marcos City <br />Code, and the applicable provisions of the City Land Development Code. <br />PART 2. PROPERTY IMPROVEMENTS <br /> <br />Section 2.01. JSA Retail intends to construct a new 11,890 square foot building (the <br />"Building") and related facilities on the Property at a cost of approximately $556,000. <br />Section 2.02. JSA Retail will ensure that the construction of the Building and related <br />facilities is completed by on or before September 30, 2006. <br />Section 2.03. JSA Retail agrees to retain a level of at least 6 employees after the relocation <br />to the Building during the one-year period of calendar year 2007. <br /> <br />PART 3. ECONOMIC INCENTIVES PROVIDED BY THE CITY <br /> <br />Section 3.01. As consideration for the construction of the Building and the retention of the <br />jobs described in Part 2 above, the City agrees to provide the following incentives and benefits to <br />JSA Retail: <br /> <br />1. The City agrees to waive all City fees (the "Fee Waiver") associated with zoning the <br />subdivision and site preparation process, utility connections, and building permits and <br />inspections associated with the construction of the Building and related facilities. The <br />Fee Waiver does not extend to water and wastewater impact fees charged by the City. <br /> <br />Page 1 of 4 <br />