Res 1980-014 - Laserfiche WebLink

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I I I FIRST AMENDMENT TO AGREEMENT TO ISSUE BONDS THIS FIRST AMENDMENT TO AGREEMENT TO ISSUE BONDS, entered into as of this 19th day of February, 1980, by and between the City of San Marcos Industrial Development Cor- poration and Butler Manufacturing Company (the "User"), a Delaware corporation duly authorized and licensed to do business in the state of Texas; WIT N E SSE T H: WHEREAS, the Corporation and the User have previously entered into an Agreement to Issue Bonds dated as of August l, 1979, as approved by resolution of the Board of Directors of the Corporation on August l3, 1979; and WHEREAS, the Corporation and the User desire to include a legal description of the site of the Project (the IIproject site") as Exhibit "B" to the Agreement to Issue Bonds; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration and of the mutual benefits, covenants and agreements herein expressed, the Corporation and Butler Manufacturing Company agree as follows: Paragraph I of the Agreement to Issue Bonds is hereby amended to read as follows: liThe User may, in its discretion, convey, or cause to be conveyed, to the Corporation such interests in the tract(s) of land more particu- larly described in Exhibit liB II hereto (the "Pro- ject Site") as the User may determine to be appro- priate for the acquisition and construction of the Proj ect by the Corporation. The User and the Corporation hereby acknowledge their express understanding and agreement that, notwithstanding any rule of law or contract construction to the contrary, upon the User's conveyance to the Corpora- tion of such interests in the Project site, title to all portions of the Project as constructed at the Project site, and to all materials delivered to and stored at the Project site which are in- tended to be a part of the Project, shall be in the Corporation. Notwithstanding the foregoing,