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12!11!2007 14:22 7132637795 <br />PAGE 07135 <br />1. Percentage Amount of the at~auz~t of ad ~ralorem, taxes <br />which would be payable to City i~ aZl of the Company~~ <br />Land and ~.mprovemerct~ which e~asted on ~a~xuary ~., 24©s, <br />and each ~Tanuaary 1 there0.fter of the applic~.ble Value <br />year during the term of this Agreement, (excluding <br />amounts which would be so payable with respect to any <br />Substantial lncrease .in value of such Land and <br />iaiprc~vement~s to which su-bparagraph 2, below applies) , <br />had been within the acarparate limits of City and <br />appraised each year by C~.tyrs independent appraiser, in <br />accordance with the applicable provisions a~ the Texas <br />~aroperty Tax Cade; and <br />2 - (~,~ Oxi any Su3~stantial Increase in value. a~ the Land, <br />improvements, and tangible personal property <br />(excluding inventory) dedicated to new <br />ca~.struotiQn, in excess of the appraised value o~ <br />game on ~3anuary 1, 2407, resulting from new <br />eonstx~etion exclusive a~ canstruction in <br />progross, which shalX tae e~cempt from taxation} <br />fear each Value Years following completion of <br />c+~~xstcticn iz'i. prc~gxess, an amouzxt equal. tC <br />Twenty-five percent ~25$c}, if construction is <br />completed in Value years 2008 through 2013; a~xd, <br />Twenty percent (24~}, if congtzuctian is comp~,eted <br />in Value years 2014 through 2019, of the amcaunt of <br />ad valorem taxes which wauld be pa~ra,ble to City i~ <br />all of said new oonstructian had, been within the <br />corporate limits of Cit~r and appraised by City~s <br />f~xdependent appraiser, in accordance with the <br />applicable provisions a~ the Texas property Tax <br />Code. <br />Iu the case of new construction wh~.ch is completed <br />in Value Rear 2416 ar later, and provided, <br />further, that City az~d Company enter into an <br />Industrial Distract Agreement after the expixat,~.on <br />of this Industrial ]]istrict Agreement, tk~en, and <br />in such events, such. new cnnstrvotaon shall ,be <br />entitled to additional Value Years undez the new <br />Agreement at a Twenty percent (24~~ valuation <br />undex this subparagraph (a), far a total of six <br />{G) Value Years, but not extending be~rond Value <br />near 2U22. <br />(b~ A. Substantial Increase in value cf the Lard, <br />improvements, and tangible pe~scanal prt~perty <br />{excluding invez~tary) as used, in subparagraph 2 {a~ <br />above, is defined as an increase in value that is <br />the lesser of exthex: <br />i. at least Five percent ~5~) o~ the total <br />appraised value of 7Gand and aasprovements, an <br />January ~, 2407; or <br />i~.~ a av,mulatxve value of at least X3,500,400.40. <br /> <br />