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j) "Permanent Employee" means a person who works a minimum of 1,750 hours per <br />year exclusively within the Reinvestment Zone (excluding any contract employee, <br />seasonal employee, full-time equivalent, or part-time employee), whose <br />employment is both permanent and full-time, who receives industry -standard <br />benefits, and whose employment is stated in the quarterly report filed with the <br />Texas Workforce Commission ("TWC") by the Lessee. <br />III. SUBJECT PROPERTY <br />The Reinvestment Zone is an area within Harris County, Texas, generally <br />described as a tract or parcel of land containing 10.115 acres of land, located in the Enoch <br />Brinson Survey, Abstract 5, Harris County, Texas, being out of and a part of that certain <br />207.049 acre tract of record in the name of St. Joe Paper Company, filed in the Official <br />Public Records of Real Property of Harris County, Texas, under Harris County Clerk's <br />File Number M032856, attached hereto as Exhibit D, and made a part hereof for all <br />purposes. The Zone is located within the boundaries of a number of taxing units whose ad <br />valorem taxes are by law approved or levied by the Commissioners Court of Harris <br />County, to wit: Harris County, the Harris County Flood Control District, the Port of <br />Houston Authority of Harris County, Texas, and the Harris County Hospital District. <br />Upon completion of the Improvements to be constructed and further described in <br />Exhibit C, the facility will consist of a cold storage, warehouse and distribution facility. <br />In accordance with TEX. TAX CODE ANN. §312.204(a), HCAD shall determine <br />the Base Year. Value of the real property subject to the Abatement Agreement. The Chief <br />Appraiser of HCAD shall annually certify the appraised value of the Improvements <br />located within the Reinvestment Zone and any improvements to the Reinvestment Zone <br />subject to abatement under this Agreement and more fully described in the Application, <br />attached hereto as Exhibit C and made part hereof for all purposes. <br />IV. REPRESENTATIONS AND CONTEMPLATED IMPROVEMENTS <br />A. The Lessor and Lessee each represent that the Improvements will be <br />constructed within the boundaries of the Reinvestment Zone. <br />B. The Lessor and Lessee each represent and warrant that (1) the Lessor is <br />the owner of fee simple title to real property located at 10000 Porter Road, LaPorte, <br />Texas; (2) the Lessee is the owner and operator of certain materials and equipment; and <br />(3) the property is located within the boundaries of the Reinvestment Zone. <br />C. The Lessor and Lessee each represent and warrant that construction of the <br />Improvements described in the Investment Budget in Exhibit C shall begin on or after <br />November 21, 2006. <br />D. The Lessor and Lessee each represent and warrant that the proposed use of <br />the facility is a cold storage, warehouse and distribution center. Additionally, the Lessor <br />3 <br />