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EXHIBIT "A-1" <br /> TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE, <br /> TEXAS, AND BAYPORT NORTH INDUSTRIAL PARK, 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 <br /> reserves the right to 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 III of 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-1", 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 /> BAYPORT • • YNDUST•1AL P • : <br /> By: Fai.e•nt Underwfiodnc%�•. , Part. <br /> By: <br /> Tame: Don T ffli Pres•.. <br /> ARMX/gRix*WARKR <br />