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SEP-28-2000 THU 04:16 PM FAX NO. P, 02 I NO. 2000-IDA---1l... { { STATE OF TEXAS { { COUNTY OF HARRI S { INDUSTRIAL DIB~RICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITYII, and LINDE GAS INC. , a DELAWARE corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the city council of the city of La Porte, Texas, to adopt such reasonable measures from time to ti~e as are permitted by law and which will tend to enhance ,the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this city council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, city has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Codej and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter flLand") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the city of La Porte; and WHEREAS, city desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the city Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city"referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 SEP 28 '00 16:36 PAGE. 02