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V4HEREAS, Trn,,xas law and the lby4avvs of (lie LPDC require tViat certain <br />eXpenddures and projects by the I -PDO tie approved by the governing body of <br />the City,- and whereas the LPDC Board has duly approved such projects and the <br />expendituies, for same, have belell Mthorized by the La Porte City Gouncfl�; and <br />WHEREAS, Publication Of notice for public hearing reqUired Under Texas, <br />Local Government Code sention 505160 for expenditure of Type B funds on a, <br />proposed project was niade ar)d tfiera were no petition filed Wth the City <br />registering a protest to the proposed grant. <br />NOW THEREFORE, in considleration of the covenants and Conditions <br />stated hefoln, and in con sideraU011 Of the mutual benefits that will accru(;� to, each <br />of the parties, hereDf, as well as to the citizen s of than City of L.a Porte,, Texas, the <br />pailes have agreed and do hereby ag!ree as follows. <br />ON m <br />A In consicleration of Recipient, laicating its proposed Rhylene Oxide Project <br />at its Battleground ManufactUfinq COMPI'r�X, as, specifically described in <br />that certain pUblic hearIi ig aUthOriZi11g this proposed protects, and <br />expenditure of I..[10 furids for the lji-Dniofion of sand projects, held before <br />the LRDC on July 16, 20,12 (hereinafter, the "Public Hearing"), LPDC <br />to provide Recipient an iri;cenfive package consisting of a cash <br />payment of'$70000MD accurdinto the sc[nedule outlined in, this Article I <br />and the, retention of said payment bel,rig conditioned upon Recipi,ent's <br />satisfacFon of certain rniniML.irn constr(Action, related capital investroent <br />costs anci additional permanent direct Jobs as provided 41, fts Article 1, <br />Fufthermore, in cons idera,ficri of Recipient locating Its proposed, <br />Polyethyhene Project at its BattlegmUnd M8.n'L1faC[U1'-i1'1q C01 In P l C X, a, S <br />specifically rdescribed 411 the, Pubilk, H,earing, 1-1-11DC , aro to provide <br />Reciplent am incentive package, ccnsrsting of a cash payment of <br />$300,1000,00 accord'Ing to the schedule at.,il1ned in this Ailicka I and the <br />reteritlon of 9EM payment b6nq conditioned upon Recipient's ",fisfaction <br />of Certain mininlurn coratractionrelated oapital investment costs and <br />additional pernianent direct jobs as provided in this Arficle l, <br />Ric, cash incienUves heroin described shall be distributed as follows� <br />1 a cash ii"icentive payrrient in the amount of $700,000,00 for tl,,Ie <br />Ethylene Oxide Project will be distnbUted to Reciprent no later <br />than 30 clays after receipf. by L �FIDC of lettrAr froa'l Re6piient's <br />Officer eviclencing Recipient's financial comryiitrnei it to <br />consta,iction of the Ethylene Oxide Project at the Battlegrourld <br />MarklifactuiJnq Complex-, such letter of corni-nifi-neurit shall b(s, <br />subrnfttedl to LDDC no later than August 1, 2014, <br />2) a, cash inGenti've paynient in the arnount of $300,000,00 will be <br />clistdbuted to Recipient no later, than 30 days after Feceipt, by <br />LYDC of letter fron-i Recipient's Officer evidencing Recipient' <br />financial comnAment to construction oaf the Polyethylene Project <br />at the Dattlegromid Manufacturit"ig Coniplex; such lettc,,r of <br />0 <br />