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e BXBIB1T "A-lu - TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS, AND BAYPORT NORTH INDUSTRIAL PARK, L.P. 1. City and Company agree that the real property of Company, more particularly described on Exhibit "A~' of this Industrial Distriot Agreement, is presently unimproved, and unannexed to the City, except for existing "strip" annexations, if any. City and Company further agree that Paragraph I hereof is hereby amended, to provide that during the term of this Industrial Dis;triot Agreement, and for such period of time that said real property remains unimproved, that city will not annex said property; provided, however, city reserves the right to conduct "strip" annexations as lnay be required by law in connection with annexa,tion of land other than that owned by Company. Company agrees to l:~ender to City and to pay as "in lieu of taxes" on Company's said unimproved land, an amount. equal to the sum of 100% of the amount of ad valorem taxes Which would be payable to City if all the hereinabove described property of Company had been within the' corporate limits of City and appraised each year by City's independent a~praiser. 2. The provisions of the preceding paragraph hereof shall remain in full force and effect during the term of this Industrial District Agreement; provided, however, at such time as Company commences improvements to Company's hereinabove described real property, Company shall be entitled to pay an amount "in lieu of taxes" on Company's land, improvements, and tangible personal property on the above described propert~y, in accordance with Paragraph III of this Industrial District Agreement. 3. Company agrees that the real prop.!rty of Company herein described shall not be used as a site for commercial hazardous waste incineration, i.e., incineration of haza~dous wastes generated offsite; provided, however, City does not waive its rights reserved under Paragraph I of this agreement. 4. Except as amended by the terms and provisions of this Exhibit "A-I", the terms and provisions of the Industrial District Agreement, to which this Exhibit itA-lit is attached, shall remain in full force and effect for the term of this Agreement, expiring December 31, 2007. ENTERED INTO effective the 1st day of' January, 2001.