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TAX ABATEMENT QUALIFICATIONS DETERMINATION SUMMARY March 13, 2007 Applicant: Preferred Freezer Services Houston Port, LLC (Lessee) and Under Bear, LLC (Owner/Lessor) Following are determinations that Commissioners Court will have to make in order to offer a tax abatement to Preferred Freezer Services Houston Port, LLC and Under Bear, LLC. • That the facility is an "Authorized Facility" as defined in the guidelines. This project meets the definition of "Regional Service Facility" as Under Bear, LLC will construct a new cold storage facility, including buildings and structures, including fixed machinery and equipment, used or to be used to service goods where a majority of the goods being serviced originate at least 100 miles from any part of Harris County. • That the improvements proposed to be subject to the abatement are "Eligible Property" as defined in the guidelines. The proposed real property improvements meet the definition. • That the project will increase the value of the property by at least $1 million upon completion. Preferred Freezer contemplates investing approximately $10.4 million of which $9.9 million would be subject to abatement, for the new real property improvements, which should increase taxable value by at least $1 million. • That the project will create or prevent the loss of full-time employment for at least 25 people in Harris County. Preferred Freezer will commit to creating 35 new full time jobs at competitive wage rates with full benefits. • That Harris County was in competition with other locations for the project. The Company has considered locating the project in Chicago, IL, and Jacksonville, FL. • That construction had not commenced on the proposed project before the filing of an application. Construction had not commenced as of August 28, 2006, when the fully completed application was received by Harris County. • That there will be no substantial adverse effect on the County's tax base. The proposed addition to the County's tax base will result in an average annual increase in revenue of $33,055 during the abatement period. Since the project is proposed for a partially developed location in Harris County, it is unlikely that the County will need to provide additional services for the area. • That the planned use of the property will not constitute a hazard to public safety, health, or morals. There is currently no indication that the facility would present any safety, health or moral problems. • That the Applicant has a history of compliance with all applicable state and federal "environmental laws" and Federal Occupational Health and Safety Administration regulations. According to the Pollution Control Division of Harris County Public Health & Environmental Services, the compliance history database of the Texas Commission on Environmental Quality (TCEQ) and the EPA Integrated Compliance Information System were reviewed with no enforcement actions, violation notices, or complaints found regarding Preferred Freezer Services, LLC or Under Bear, LLC. This project will be subject to state and local storm water permitting requirements and any air emissions must be permitted or otherwise authorized by the TCEQ. The Federal Occupational Health and Safety Administration compliance records were searched and no violations or complaints have been recorded concerning Preferred Freezer Services, LLC or Under Bear, LLC. Community and Economic Development Economic Development Division