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EXHIBIT "A-1" <br />TO AN INDUSTRIAL'DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE, <br />TEXAS, -AND DOLIMA PROPERTIES, L.P. <br />1. City and Company agree that the real property of Company, more <br />particularly described on Exhibit "A" of this Industrial District <br />Agreement, is presently unimproved, and unannexed to the City, <br />except for existing "strip" annexations, if any. City and Company <br />further agree that Paragraph I hereof is hereby amended, to provide <br />that during the term of this Industrial District Agreement, and for <br />such period of time that said real property remains unimproved, <br />that City will not annex said property; provided, however, City reserves the rightto conduct "strip" annexations as may be <br />required by law in connection with annexation of land other than <br />that owned by Company. Company agrees to render to City.and to pay <br />as "in lieu of taxes"'on Company's said unimproved land, an amount <br />equal to the sum of 100% of the amount of ad valorem taxes which <br />would be payable to City if all the hereinabove described property <br />of Company had been within the corporate limits of City and <br />appraised each year by City's independent appraiser. <br />2. The provisions of the preceding paragraph hereof shall remain <br />in full force and effect during the term of this Industrial <br />District Agreement; provided, however, at such time as Company <br />commences improvements to Company's hereinabove described real <br />property, Company shall be entitled to pay an amount "in lieu of <br />taxes" on Company's land, improvements, and tangible personal <br />property on the -above described property, in accordance with <br />Paragraph IIIof this Industrial District Agreement. <br />3. Company agrees that the real property of Company herein <br />described shall not be used as a site for commercial hazardous <br />waste incineration, i.e., incineration of hazardous wastes <br />generated offsite; provided, however, City does not waive its <br />rights reserved under Paragraph I of this agreement. <br />4. Except as amended by the terms and provisions of this Exhibit <br />"A -lilt the terms and provisions of the Industrial District <br />Agreement, to which this Exhibit "A-1" is attached, shall remain in <br />full force and effect for the term of this Agreement, expiring <br />December 31, 2007. <br />ENTERED INTO effective the 1st day.of January, 2001. <br />DOLIMA PROPERTIES, L.P. <br />By. <br />Name: G <br />Title:_ �S/.d <br />