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He 9910q67 8 p9S 92 TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND H.E. BUTT GROCERY COMPANY FOR DEVELOPMENT OF WAREHOUSE FACILITY This tax abatement agreement (this "Agreement") is entered into between the City of San Marcos, Texas (the "City"), a Texas municipal corporation, and H.E.. Butt Grocery Company ("HEB"), a Texas corporation. PART 1. GENERAL PROVISIONS Section 1.01. This Agreement is authorized and governed by the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code), and by the City's Policy on Tax Abatement and Economic Development Incentives (the "Policy") adopted by Resolution adopted on January 12, 1998. Section 1.02. HEB owns a long-term leasehold interest in Lot 1 of the San Marcos Distribution Center Subdivision (the "Property") in Hays County, Texas per the plat recorded in Volume 2, page 272 of the Plat Records of Hays County, Texas. The Property meets the eligibility criteria for tax abatement under the Policy. The Property is situated within the City of San Marcos Reinvestment Zone No. 13 designated by separate ordinance by the City Council. Section 1.03. The Property is not part of an improvement project financed with tax increment bonds. Section 1.04. This agreement is subject to th,e rights of the holders of outstanding bonds of the City. Section 1.05. The Property is not owned or leased by any member of the Sa..'l Marcos City Councilor any member of the City Planning and Zoning Commission. Section 1.06. HEB agrees to ensure that all of the Improvements described below will conform to all applicable City ordinances and regulations, including but not limited to the City's Master Plan, and Chapter 5-Buildings and Building Regulations, Chapter 74-Streets and Sidewalks, Chapter 94-Development Standards, Chapter 11 O-Subdivisions, and Chapter 114- Zoning, ofthe San Marcos City Code. !?l:TrqJt;V ~: CITY OF SAN MARCOS A TTN: Legal Dept. 630 East RORkins Street San Marcos, TX 78666