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G. The Lessor and Lessee represents and warrants that they are not indebted to the City for <br />any past due ad valorem taxes or other obligations. <br />H. The Lessor and Lessee represents and warrants that they are in compliance with all state <br />and federal laws designed to protect human health and welfare. The construction of the Improvements <br />and operation of the facility shall be in compliance with all applicable federal, state and local laws, <br />rules and regulations, including those designed to protect the environment from environmental hazards <br />and degradation. <br />V. VALUE AND TERM OF AGREEMENT <br />A. The Lessor and Lessee shall make the Improvements in conformity with this Agreement <br />as set out in the Investment Budget in Exhibit B attached hereto and made a part hereof for all <br />purposes. Upon completion of the Improvements, the Lessor and Lessee shall use the Improvements as <br />set forth in Section III of this Agreement. The Lessor and Lessee shall further maintain the <br />Improvements in good repair and condition during the Abatement Period. <br />B. The term of this tax abatement shall be for a period of ten (10) years beginning on <br />January 1, 2007 ("Effective Date of Abatement"). In no case shall the term of this abatement exceed <br />ten (10) years from the Effective Date of Abatement. The value of the Eligible Property shall be <br />abated as follows: <br />Year Abated <br />1-3 Including Construction <br />4 <br />5 <br />6 <br />7-10 <br />Percentage of Value <br />100% <br />80% <br />60% <br />40% <br />20% <br />C. If the period of construction extends beyond December 31, 2008, two (2) years from the <br />Effective Date of Abatement, the Improvements shall be considered completed for purposes of <br />abatement. In no case shall the abatement period, inclusive of the construction period, exceed ten (10) <br />years from the Effective Date of Abatement. <br />VI. TAXABILITY <br />During the period that this Abatement Agreement is in effect, taxes shall be payable as follows: <br />(1) The certified appraised value of the Ineligible Property as determined each year by the Harris <br />County Appraisal District will be fully taxable. <br />(2) The tax abatement shall apply only to Eligible Property which value shall be abated in <br />accordance with the percentage set forth in Section V (B), above. The abatement applied to Eligible <br />Property in any year may not be greater than the amount by which the value of all property located in <br />the Project Site, including Eligible Property, existing property and Ineligible Property, as listed on the <br />appraisal roll for that year, exceeds the Base Year Value. <br />