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<br />AMENDED ECONOMIC INCENTIVE AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS AND KULA MEDIA GROUP <br /> <br />This Economic Incentive Agreement encompassing a Chapter 380 Grant (the "Agreement") is <br />made as of 4-4-2007 by and between the City of San Marcos, Texas, a municipal <br />corporation ("City"), and Kula Media Group ("Kula"). Kula and the City are each a Party and <br />are referred to collectively as the "Parties". <br /> <br />RECITALS <br /> <br />WHEREAS, the City has adopted Resolution 2006-91R whereby the City adopted an <br />economic development program as contemplated by Chapter 380 of the Texas Local <br />Government Code. <br /> <br />WHEREAS, Kula and the City are pursuing a joint project (the "Project") whereby (i) <br />Kula is engaged in commerce involving emerging high technology; (ii) Kula desires to keep its <br />business in the San Marcos; (iii) Kula desires to enter into a long term lease in an existing <br />building and will have an additional building on the property constructed for their use; and (iv) <br />Kula will create new jobs benefiting the San Marcos economy. <br /> <br />WHEREAS, the City Council has determined that assisting Kula In establishing a <br />permanent presence in the City would be an economic benefit. <br /> <br />WHEREAS, City Council has adopted Resolution No. <br />into this Agreement; and <br /> <br />authorizing the City to enter <br /> <br />WHEREAS, to formalize their agreements regarding the Grant, City and Kula desire to <br />enter into this Agreement. <br /> <br />WHEREAS this Agreement supersedes all other agreements entered into between the <br />parties. <br /> <br />NOW THEREFORE, For and in consideration of the making of the Grant by the City, <br />and the covenants, agreements, representations and warranties set forth in this Agreement, the <br />Parties hereby covenant, agree, represent and warrant as follows: <br /> <br />PART 1. OBLIGATIONS OF KULA <br /> <br />Section 1.01 Kula agrees to, at a minimum, maintain its current business in San Marcos <br />for the duration of this Agreement. <br /> <br />Section 1.02 Kula agrees to maintain its headquarters and form of its existing business <br />in San Marcos. <br /> <br />Section 1.03 Kula agrees to invoice the City, monthly, for the amounts set forth below <br />in Part 2. <br />