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108 PC) f7 f~ ~..~) . .:; STATE OF TEXAS AMENDMENT NO.1 TO TAX ABATEMENT BETWEEN THE CITY OF SAN MARCOS AND HARPER'S HALL JOINT VENTURE COUNTY OF HAYS The tax abatement agreement dated May 23, 1989 (the "Agreement"), entered into between the City of San Marcos Texas (the "City"), a municipal corporation, and Harper's Hall Joint Venture ("HHJV"), a joint venture, is hereby amended as follows: 1. Part I. D. of the Agreement is amended to read as follows: D. HHJV is the owner of two tracts of property which are the subj ect of this Agreement and which are described in Exhibit A, which is attached hereto and incorporated herein for all purposes. This property is within the tax abatement reinvestment zone described above and is within the city limits of the City. 2. Part VI.A. of the Agreement is hereby amended by adding an item 3 to read as follows: 3. The City agrees to credit a total of 9.33 service units of water and sewage impact fees towards the total capacity needs of uses on the property described in Exhibit A during the duration of this Agreement. If the total capacity needs of uses on the property are determined by the City's Director of Public Works to exceed this credi ted amount, their HHJV shall pay impact fees to the City for the excess needs according to the impact fee schedule in effect at the time of such determination. 3. The two real property descriptions attached to this Amendment as pages 1 and 2 of Exhibi t A are hereby substituted as Exhibit A to the Agreement. 4. All other provisions of the Agreement are to remain in full force and effect. 5. This Amendment is to be executed by the City and HHJV in recordable form and shall be recorded by the city in the