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<br />RAIL SPUR AGREEMENT <br /> <br />STATE OF TEXAS !;l <br /> !;l <br />COUNTY OF HARRIS !;l <br />This Agreement made <br />Logistics, LLC, a Texas <br /> <br />and entered into by and between Frontier <br />limited liability company, and La Porte <br />Real Property, LLC, a Texas limited liability company, of Harris <br /> <br />County, Texas, hereinafter referred to as "Owners", and the CITY OF <br /> <br /> <br />LA PORTE, a municipal corporation, of Harris County, Texas, <br /> <br />hereinafter referred to as "City", <br /> <br />Recitations <br /> <br />1. City is the owner of a 5.98 acre tract of land, situated <br /> <br />near the intersection of North Broadway Street and East Barbours <br /> <br />Cut Boulevard, in the City of La Porte, Harris County, Texas. The <br /> <br />legal description of said tract of land (hereinafter referred to as <br /> <br />"Property") is attached as Exhibit "A", to a Lease Agreement, by <br /> <br />and between city, as Landlord, and James J. Flanagan Shipping <br /> <br />Corporation, a Texas business corporation, as Tenant. A true and <br /> <br />correct copy of said Lease Agreement is attached hereto as Exhibit <br /> <br />"A", incorporated by reference herein, and made a part hereof for <br /> <br />all purposes. <br /> <br />2. Article 3, on page 5 of said Lease Agreement, provides <br /> <br />for a reservation by the Landlord to reduce the area of the Leased <br /> <br />Premises, to accommodate a rail spur from the existing railroad <br /> <br />tracks on the east side of the Property, across the south portion <br /> <br />of the property and continuing on the former North "H" Street <br /> <br />right-of-way. <br /> <br />In the event that the city, as Landlord, exercises <br /> <br />FINAL DRAFT: 02.11.08 <br />