HomeMy WebLinkAboutC2008-113 - 4/8/2008 - Approved TAB ABT~I~IEI~T AR~~~IENT
This Tax Abatement Agreement {"Agreement"} is made and entered into by and
between the Clty ~f Corfu Chrlti ~'rCity"}and Bar~e~ Davis, LP {",avwrner"}, the
owner of taxable property in Nueces County, Texas, {"Property„}.
section 1. AUT~aRIZATiaN
This Arer~ent is authora~ed by the Texas Property Redevelopment and Tax
Aba#eme~nt Act, Texas Tax Cade, Chapter as amended {"Act"},and i subject to
the la~us of the state of Texas and the charter, ordinances, and orders of the City.
eotion ~EP~NIT~~N
{a} As used in this Agreements the faliavrrin terms steal! have the meanings set forth
below:
} "Abatement' means the ternparary, full or partial exemption frorr~ ad valorem
taxes of certain added value to sea! and personal property in a gone designated
far economic development purposes underthe Act.
"Added Value" means the increase in the assessed value of an eligible
preperty as a result of "expansion" or "modernisation" of an exis#ing facility or
construction of a "neuv facility," It does not mean or include "deferred
rr~aintenance.,,
{~}'Base fear Value" means the assessed value of eligible property as of tl~e
January 1 preceding the execution of this Agreement plus the agreed upon value
of eligible propert~r improverents made afterJanuary 1# but before the execu#ion
of the Agreement,
{4} "basic Manufacturin or service Facilit " means buildings and structures,
including fined machinery and eguipr~ent not a#sev~here described, used or to be
used for the production of products or services, which derive a majority of
revenue from points beyond a g~mile radius of Nuece County.
"Deferred Maintenance" means improvements necessary for continued
operations v~rhich do not improve productivity or alter the process technology.
"economic Life" Crean the numberof gears a property irr~prover~ent is
expected to be in service in a Facility.
"Eli ible fro ert means the buildings, structures, site impravernents, and
fixed equiprr~ent necessary to the operation and administration of the Facility to
be constructed under this Agreer~ent. during the construction of the Eligible
Property, the auvner may rake the change orders to the Eligible Preperty as are
reasonably necessary to accomplish its intended use, provided that na the
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U41~81~8
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Res. 0~'~4~
Barney . Davis, ~P a~~~ooaa
change order may be made which will change the qualification ofthe project a a
„Basic Manufacturing or service Facility" above.
{8} "Ex anion" means the addition of buildings, structures, fixed machinery or
equipment for the purposes of increasing capacity.
"F"means property improvements completed or in the process of
construction which together compromise an integral whale of a Basic
Manufacturing or Bervice Facility.
{'l g} "Modernization" means the replacement and upgrading of existing facilities
which increase the productive input or output, updates the technology or
substantially lowers the unit cost of the operation, and extends the economic life
of t#~e facilities. Modernization ray result frorr~ the construction, alteration or
installation of buildings, structures, fixed machinery ar equipment. It shall not be
forthe purpose of reconditioning, refurbishing, repairing orcompletion of deferred
rr~aintenance.
~ } "New Facili " means a property previously undeveloped which i placed into
service by means other than or in conjunction with an expansion or
modernization.
{b~ The Guidelines and Criteria for Granting Tax Abatement adopted by the City are
incorporated as a part of this Agreement. Except a the same maybe modified in this
Agreement, all definitions set forth in the Guidelines and Criteria are applicable to this
Agreement.
Sec#~on , PROPERTY
~a~ The Property is an area within corpus Christi, Texas, located in urrhole or in part
within the jurisdiction of the City, as is more fully described in Exhibit A~ which is
attached to and made a park of this Agreement. The Property is located within a
reinvestment zone for tax abatement established under chapter of the Texas Tax
Cade, as amended, by the City.
{b}The Nuece County Appraisal District has established the following values for the
Property as of the January 1, 20D~, valuation date prior to the date of execution of this
Agreement,
Account No. 2048-000 -Ogg ~
Land 2,~,9~4
~n~prave~nenls $4,224,410
Account Na. IB00~~g~-g~00
Personal Properly ~ 80,000
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Agmt-Topaz Powery~MD City rlr 04Q~~0~8a
~~}The pity and the owner agree that the value of an additions to the Im rovernents
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made after January aa8r or nat otherwise reflected on the above valuation of
lrnpravement is:
Additional Improvements: $a
~d} Addition of the above amount to the valuation of the lm rovements as of the
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January 1, ~~gS, valuat~vn date prior to the Bete of execution of this A ~eernent results
in a base Year Value as follows:
Base Year Value. ,79,4
ectlon 4. TERM ~F ABATE~IEI~T ANA AR~EMEI~T
~a~ The pity agrees to abate the ad valorem taxes on the Eli ible Pro a under this
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Section and Sections ~ and ~ of this Agreement. The Abatement becomes effective
uvith the January 1 valuation date immediately following the date of execution of thf
Agreement. The Abatement continues far a period efta ~ ears ex irin Decerriber
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1, ~a10. The periad of Abatement provided by this A regiment coincides vrith the tax
years commencing on January DOg and expiring an ~ecernbr 3~, ~~~a.
fib} Notwithstanding subsection ~a~ of this section, this Abatement A regiment i
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automatically extended to the extent necessary to recapture any abated taxes and
secure payment by the O~rner under the provisions of Section S.
Section TAMABILITY
~a} during the period that the Abatement i effective, takes are a able as fvllar~s:
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~ The value of the land comprising the Prvper#y i fully taxable;
~2~ The Base Year Value of existing Ir~prover~ents comprisin the Pro girt are
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fully taxable;
~}The value of ineligible Property are fully taxable; and
~4}The Added 1lalue of Eligible Property gill be abated under ectian of this
Ag reen~ent.
Sec~lon . AM~U~VT OF ABATEMENT
~a}Abatement Percents es. The Abatemen# provided b this ~ reen~ent i based u on
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the Added Value of Eligible Property as a result of the ro`ect~ The Pro`ect has been
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identified a a Basic Manufacturing or Service Fecilit ; therefore, the ercenta a of tax
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abatement authorized in this Agreement is computed under the fallawin schedule:
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Agent-topaz Power-BMD city rjr 0409~OQ8a
Year Percentage of Abatement
Year ~ * ~ ~~°l~
Year 2~ 100°l0
*This period is during construction only, and prior to tl~e date the improvements
are placed in service.
~b}Estimated Added Value. At the tune of execution of this Agreement, the owner
reasonably estimates and represents to the Dity that the Added Value comprising
perrnenent improvements upon completion of construction phase shall be:
310,0o0,00g ~"Estimated Added Value"}.
~c} Exclusion ~o~ exempt Property. In determining the Added Value for abatement under
this Agreement} all types of exempt property qualifying as pollution control facilities,
shall be excluded. The only property that may be included for the purposes of
determining Added Value is property that will be normally taxable by the pity during the
term of this Agreement.
eotia~ 7. NTE~IPI.AT~I~ ~IVIPRO11E~lENT'
~a~ ,o~letion of Facility owner represents that it gill develop the Facility for the
ur ose and in the manner as set forth in the Project Description, attached as Exhibit B.
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During construction, the Dwner may rake change orders to the project as ere
reasonably necessary, provided that no charge order may be made that uviil change the
qualification of the project as a "Facility" under this Agreement and the guidelines for
granting Tax Abatement approved by the pity. All improvements must be completed
under all applicable laws, ordinances, rules, or regulations. During the term of this
Agreement, use of the Property is lir~ited to the operation of the Facility.described in the
Project Description consistent with the genera! purpose of encouraging development or
redevelopment of the zone during the period of this Agreement. -
~b} Best „Available Technology. owner agrees to utilize the best available, commercially
feasible technology, as determined and approved by permitting actions of the Texas
commission on Environmental Cuality, far any new equipment or systems installed as
part of the construction of the facility that would have an impacton airqualityin Nueces
ourty, Texas. owner further agrees to design and construct the facility so that it will
comply with all existing provisions of any and all existing water quality permits'
~c~ New Jobs owner represents and warrants that this Facility, ire conjunction vuith the
companion facility to be completed under the separate Agreement with l~uece Bay
ISLE, L~P, gill add at least 5 additional permanent jobs.
~d~ No ,,,Transfer of Em~loy~. The Facility is not expected to solely or prirr~ariiy have
the effect of transferrin em io ment from one art of Nueces bounty to another,
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Agent-Topaz Power-BMD City rjr 04U92a08a
Section 8, ~vENT D~FA~Ji~T AND R~APTU~~
~~}Failure to commence ~ eration burin Term of A reement. In the event that the
Facility i not completed and does not begin operation by the January ~ following the
completion ofconstruction, no abatement wil# be given forthattax year, and the ful#
amount of taxes assessed against the properky is due and payable far that tax year In
the event that the owner fails to begin operation by the next January ~ ,then the
Abatement Agreement terminates and ell abated taxes during the period of construction
must be recaptured and paid within fia days of the terminstion~
~b~ Discontinuance of ~ erations burin Term of A reernen#. In the event the Facility is
completed and begins operation with the required minimum number of permanent jobs,
but subsequent#y discontinues operations on any January 1 during the term of the
Agreement after the comp#etion of construction, for any reason except on a ter~porary
basis due to fire, explosion, or other casualty, accident, or natural disaster} the
Agreement may be terminated by the pity, and all taxes previously abated by virtue of
the Agreement may be recaptured and must be paid within ~0 days of the termination.
fie} Abatement ontin ant U on Total ~ itai I m rovement. The tax abatement under
this Agreement is contingent upon the owner investing a ~ninin~um of 4~ ,~~,ooo on
Project, as described in Exhibit B~ The owner's failure to make the minimum
investment is a default, the abated takes must be recaptured, and the owner shall pay
any abated proper#y taxes within o days of termination.
~d~ Abatement Dontin ant U on Addition of New Jobs. The tax abatement under this
Agreement is contingent upon the addition of additional permanent jobs at the
Facility, end a companion facility awned by Nuece day 1L, LP, that has a separate
agreement with the pity' The Owner's and Nueces Eay UVLE, LP, failure to create the
required nur~ber of additions! perrYrnent jabs st the completion of construction is a
default, the abated taxes must be recaptured, and the owner shad pay any abated
property taxes within ~0 days of termination.
~e~ Delinguent_~'~x~,, In the event that the owner allows its sd valorem taxes to
become Jelin cent and fails to tinsel and properly follow the legal procedures fortheir
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protest ndlor contest, this Agreement terminates and no taxes may be abated for the
calendar year of the delinquency. The total taxes assessed witf~out abatement for that
calendar year must be paid within g days from the date of termination. Penalty and
interest ray not begin to accrue an the additional amount of taxes due as the resu#t of
recapture under this provision until the first day of tl~e month following the sixty AGO}day
notice, at which time penalty and interest shall accrue in accord with the laws of the
State of Texas. Penalty and interest on the amount of taxes originally levied based
upon the Abatement$ of course, begin to accrue as of the date the taxes were due in
accord v~rith the laws of the Mate of Texas.
~f} Notiae of default. Should the pity determine that the owner is in default according to
the terms and conditions of this Agreement, it shall notify the ~wnerthat if the default is
not cured within sixty ~~o~ days from the date of the written notice ~"lure Period"},then
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Agra-T~paa P~wrrr-BMA City rjr 0~~92~08a
this Agreement may be terminated. In the want the Owner fails to cure the default
d wring the lure Period, this Agreement may be terminated and the taxes abated by
virtue of the Agreement will be recaptured and paid a prvvaded in this Agreement.
Actual Added ~lalue. houid the lVueces daunt Appraisal district determine that
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the total level of Added 1lalue during any year of the term of this Agreement after
completion of construction is lower than the Estimated Added Value for each year
during which n Abatement has been granted the difference between the tax abated
and the tax which should have been abated based upon the actual Added Value will be
determined by the pity and paid within Go days of written notification to the Owner of the
determination. Penalty and interest ~,ay net begin to accrue upon the Burn until the first
day of the month following the sixty ~a}day notice, at which time penalty and interest
shall accrue in accord with the lags of the state of Texas.
~h~ Reduction in Rollback Tax Rate.
} If during any year of the period of Abatement any portion of the abated value
is added to the current total value of the pity, but is nat treated s "new property
value" has defined in Section ~fi.D~2 ~~7~ of the Texas Tax Oode}far the purpose
of establishing the "effective maintenance rate" in calculating the "rollback tax
rate" under Section ~B.a4 ~c~ of the Texas Tax bode, and if the pity's budget
calculations indicate that a tax rate in excess of the "rollback tax rate's i required
to fund the operations of the pity far the succeeding Near, then the pity shall
recapture from the Owner a tax in an amount equal to the lesser of the fallvwing~
~A}The amount of the taxes abated for that year by the Gity with respect
to the Property.
~B}The amount obtained by subtracting the rollback tax rate computed
without the abated property value being treated as new property value
from the rollback tax rate computed with the abated property value being
treated as new property value and rnu~tiplying the difference by the total
assessed value of the pity.
If the Oity has granted an abatement of taxes to r~ore than one taxpayer, then
the arrmour~t of the recapture calculated under subdivision }~B}above will be
prorated an the basis of the value of the abatement with respect to each
taxpayer. This event does not constitute a "'default" under this Agreement, and
the sixty ~a} day Oure Period provided above does not apply. The recaptured
taxes rr~ust be paid urrithin thirty {0}days after notice of the reduction in the
rollback tax rate has been given to the owner. Penalty and interest may not
begin to accrue upon the sum until the first day of the month fallowing the thirty
~0~ day notice, at which time penalty and interest shall accrue in accord with the
laws of the State of Texas.
~i} continuation of Tax lien. The amount oftax abated each year underthe terms of
this Agreement must be secured by a first and prior tax lien that continues in existence
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Agmt~Topaz Pnw~r-8MD city r~r 04~9~~Q8a
from year to year until the tine ~ this Agreement between the pity and owner is fully
performed by owner, yr until all taxes, whether assessed or recaptured} are paid in foil.
Termination Due to Default. In the event of any default by owner, the Dity council
reserves the right to terminate or modify this Agreement, owner must be afforded
written notice of the default and the opportunity to Dore a provided above. If owner
believes the action was improper, owner may file an appeal in Nueces bounty district
court within sixty ~~0}days after written notioe of the notion by the pity. owner shall
remit to the pity, within the ~~-day period, any additional or recaptured taxes levied
under the payment provisions of Texas Tax bode 4.08. if the final determination of
the a eal increases owner's taa~ iiabiiit above the amount paid, owner shall remit the
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additional tax under Tax bode 4~.4~. if the final determination of the appeal
decreases owner's tax liability, the pity shall refund the owner the difference between
the amount of tax paid and the amount of tax for which owner is liable under Tax bode
ect~~n AD~IIN~TRAT~oN
~a}inspections. The owner shall allow employees andlor representatives of the pity to
have access to the Pro art Burin the term of this Agreement to inspect the Facility to
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determine compliance with the terms and conditions of this Agreement. Ali inspections
ray be made only after the giving of twenty-four {~4} hours prior notice and may only
be conducted in the manner as to not unreasonably interfere with the construction
andlor operation of the Facility. All inspections must be made with one or more
representatives of the owner and under owner's safety standards.
fib} A raisals. The thief Appraiser of the Nueces bounty Appraisal District shall
annually determine {i~ the taxable value ofthe real and personal property comprising the
Property taking into consideration the Abatement provided by this Agreement, and {ii}
the full taxable value v~vithout Abatet~ent of the real and personal property comprising
the Property. The thief Appraiser shall record both the abated taxable value and the
full taxable value in the appraisal records. The full taxable value figure listed in the
appraisal records shall be used to compute the amount of abated taxes that are
required to be recaptured and paid in the event this Agreement is terminated in a
manner that results in recapture. Each year the owner shall furnish the thief Appraiser
with the information outlined in chapter Texas Tax bode, as amended, as nay be
necessary for the administration of the Agreement specified in this Agreement.
{c}Annual _Reporks. Owner shall certify to the pity council on or before April 1 each
ear that the owner is in corn liance with each applicable term of this Agreement.
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Additionally, during the initial four years of the term of property tax abatement, owner
shall provide to the City an annual report covering those items listed on schedule 1
attached to this Agreement in order to document the efforts of the owner to acquire
goods and services on a local basis, The annual report must be prepared on a calendar
year basis and shall be submitted to the Oity no later than ninety {g0} days following the
end of each the caiendaryear. The annual report must be accompanied by an audit
letter prepared by an independent firm which has reviewed the report.
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Agmt•`ra~az Power-~MD city rjr ~4~9~~08~
d }'Bu Local"' Provision. The owner additionally agrees to give preference and priority
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to local manufacturers, suppliers, contractors, and labor, except where not reasonably
or feasibly possible to do o without added expense, substantial inconvenience, or
sacrifice in operating efficiency or quality. In any the exception cases involving .
purchases over ~O,OOO.oo a justification for the purchase must be included in the
annual re art. The owner further acknowledges that it is a legal and more! obligation of
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persons receiving property tax abatements to favor local manufacturers, suppliers,
contractors end labor, all other factors being equal, For the purposes of this provision,
the term "local" as used to describe manufacturers, suppliers, contractors, and labor
includes firms, businesses, and persons rho reside in or maintain an office in either
I~uece fount or San Patricio noun . I n the event of a breach of the buy~local
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rovision: the percentage of abatement will be proportionately reduced equal to the
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amount the disqualified contract bears to the total construction cost for the project.
e Permits The ownerwiil ~a}obtain and maintain all required permits and other
authorizations from the United States Environmental Protection Ager?cy and the T~EQ
#or the construction and operation of tine Facility and for the storage, transport, and
disposal of solid waste; and fib} seek a permit from the TECH for all grandfathered units
on the site of the Facility by fling with the TES, within three years of receiving the
abatement, a technically complete application far the a permit.
section ~ AIC I~~IENT
The owner ma assign this Agreement to any one or more corporations}, 5010 or more
¦ ¦ F ~ ~ ~ ¦ ~
of the outstand~n votin secur~t~es of which are owned, directly or indirectly, by one of
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the owner, or any partnerships} or limited partnership~s~ in which an owner, or a
subsidiary of an owner, i a general partner. The owner may assign this Agreement to
an ether new owner or lessee of the Facility with the prior written consent of the its,
which consent shall not be unreasonabtiy withheld. And assignment must provide that
the asi nee shall irrevocably and unconditionally assume all the duties and obligations
of the assi nor and become the owner upon the carne terms and conditions as set out
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in this A regiment. Any assignment ofthis Agreement must be to an entity that will
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provide substantially the same irnpravemer~t to the Property, except to the extent the
improverrrent have been completed. No assignment wi11 be approved if the owner or
an assi nee i indebted to the City for ad valorem takes or ether obligations.
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Section ~ 1. NDTIES
a An notice re wired to be given under the prov}lions of this Agreement must be in
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writin and is dul served when it is deposited, with the proper postage prepaid thereon,
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and dul re istered or certified, return receipt requested, with the United States Postal
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Service, addressed to the pity or owner at the following addresses. if mailed, any
notice or cor~munication i deemed to be received three days after the date of deposit
in the United States Mail. Unless otherwise pro~i~ed in this Agreement, all notices rr~ust
be delivered to the following addresses:
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Agra-~'opaz power-a~a city ~r ~a~~2~oaa
To the City: City of Corpus Christi, Texas
Attn: City Manager
101 Leopard Street
P. fox
Corpus Christi, Texas ~~~~9
To the owner: Earney fU1. Davis, LP
2?'g Hee Caves Road, Suite 4~
Austin, Texas 7848
~b}Either party nay designate a different address b giving the other party ten days'
vwritten notice.
This Agreement has Been executed by the parties in rr~ultiple originals o~ counterparts,
each having full force and effect.
Executed this day of , 208.
ATTESTS CITY ~F CORPUS CHRIT~, TEXAS
Armando Chaps eorge f~C. doe
City Secretary City lUlanaer
APPf~OVED AS T L I r~
~ 1=CAL FORM, r-~ , ~o~F
R. J~ e~ ng
~ ~
First Asst Cant City ttorney ~~~~I,
For City Attorney .
;~?~*~aii*~~Rt~
1
•I~~~~~~
BARNEY ll~. QAl1~S, LP
By: Topaz Power group I'll I~I~C
its General Partner
1
By.
fVa e: 14~ ~
Title;
~
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Agent-Topaz Power-SMD City rjr ~40~~o08e
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Agmt-Topaz Power BMD City r~r ~4~~24~8a
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N'~~'~6' ~G ~S ~ ~~.$~~117C~ ~f 325 ?~1. f~~t {~eo0~~ ~ -~'l~~.5' ~~"E. 32.5 ~
`t'0 a'5~~" lion xvd founds - .
H44`3:5' 4~"~ a d~~~~rtCe of ~~~.~2. feaC. ~~~e~dxd - :N#4°.35' 0:?n~ 355.33' ~
'tQ a 5~~a ~.ron rod f.d;
N74°~4'~'2.5"'~ ~ dia~eAO~ ~Af 7~~.93 feet :Record-* .N7~`.4~' ~,5'!E 759.~~.' ~
'tD ~..5/8~ f.~41~ rod fdj
N5? °.4G' 3~'!~ a ~ist~i~t~e v~ 1~~6.~2 ~~t ~~~~c~~d - :N~?'.~4' 2~"~ ~D6 , 43' ~
to ~ f 8 x i god ~oi~ri~d~ ~ , . . .
~N~~}:°.~~1.'-~~"~ ~ ~i~~'ai~ce a# x~~..~~.-~e~~; :~R~carc~ ~.N~~..•3~•'S7"~ iD~,"~~~! }
~ S~~"- .~ro~ found .marking: nort}t~~~y. ca~ex -Q~ ~h~
:~?~~~retr~n~~l~n,~~ ~;o~ ~,nd ~ .r~ar~h~r.~y :~orriex .thy: herein d~~cic~bad
~~:9$:, ~.4~~ ~~ar~ ~~a~t,r
T~~ =kea~i~n~ ~t~e ~ai:~ .~ou~~~ars~ -eh~~elirie o~ tY~~.:~~~o~~n~i~r~~d ~ay~:
~ .
Q54 .Bad', ~14[1~ ~~E YIO~.~~18~~8~ Ii~e :~h~. d~0~9~kB~~~O~~L~ I~~t 1, dr~d.-~he.
~~u~h~eat- z~`r~~; ~f :Seo~iQr~s ,38 aid ~1. of ~h~ !+'~our ~~],u~~ & ~n~irta~ Turin
and: ~~•rd~rr: T~a~ts::SuJivi~~.~n :as re~corded.:~r~ ~.~~ume . g~5 .41=~43
A,, P~ ~ Map.
~~`~ards ~ce~. Cor~nty. Texaa~ S~~'2~'~~3"~ ~Recox~ ~~1`.2.5'.~5"8}.,
g~s,~,ng..a 5~~~ iron. rod: ~or~nd ;ma,~ki~ag.. $ :.~on~non cdr~~~ . a~. L~t~ and 30~
t~f ~h~ sa.~d 5ec~fon. a' d~~ar~C~ o~ z3~~,68~ fe~~.; a~sn~pa~~~in~ a ~1~~
~.A rod..~a~nd R~x~1~~ng ~ .COl~ma~ CDC~~ G~ ~+0~~ 28: end. ~9 Che 9a~d
•...n. ~ ..8..~?t :ds~~~~ ~,d~ L~~~~;:44 ~~e~y a~sa. ~a~sing::~ 5~~~" .rid
Eon ma~kfng ~ -~o~ :oorrser ~~h~. e~~d ~:8~c.~i~n~ .~.8 °~id 5~., at•
.
~~.Cdno~ Oi~ ~6~~1.:•91 ~~~aE#. a~;ao -gd.8~~~l~ ~:~i~ .iron. ~ot~• .~~und m~rk~ng a~
cni~io~i -~ora~~ of °Late~ and ~of ~,~i~ .:~.~~Qn. 5~ g~: a -~fskan~e af:
'?92l.~7.~ ~ae~, ~,d.. a~~~~ `~a~s~n~ ~ .~.ror~ pipe ~our~d ~~k~~r~g. ~ .oacn~aon
ci~r~:er t~ a~?~:27 0~ ~~e-, ~a~d :~ec.t~o~-. ~1:a~t. ~e •di,stano~ ~n~ $~85.5~
fe~~~~~ t~t~il ~~.s:~ar~~e of ~BSG'i~ ~o ~.Ja•". ~i,~cni: ':rad .set. ~i:th
~]~~~~t~;~ ca~~- ~s~~rt~ed '"C~S~~R~ 5...~?.. ~x~,.. ~~z the ~ocr df ~Iia
a~ar~eR~eri~x~~ed faot .~5.~ '~~or• Cx'~i!~~~. find an ~~E~~r~or over
k~e~e~~~. d~e~.~ribeti 3~~.~:.~96 ;a~.~e tra~~,. from w~ixch an "~L" :iri ~ ~~x ~rd~
~.late::~our~d. .i~, ~ao~cr~~.~`.. inn tie paid :nor~h~a~t :•l~ne~. of ~~~,d f~pt'
3.::~nc~ :~~~r .th~::c~r~~~~rZi~ne of: ~a~droi~' Read bea-~~ SG~,~~5:'.~~~"~R~. ~ d~,8~ar~~a
~a~~ ~ OF~
I~a~r 23 f. .
3~~~11u~~ic f~ri~r,:~~l~nt~~v,Tc~~~78?~l~ ~T~:.~~~5~~•~fit ~~xs 3~1a-5~1-5355
Agmt-~'opaz Power-BMD City tjr 4409~008a
T8~1t~. C~+ C~~A.
~~~~~~4 CSNTR]~L 841~gA ~1D LiGAT COAN3f
G'$S Cow', ~A~:
~9~0;74~ ~lCRB $~~iRY- ~1It'{TSY
xH~tC$ ieav~rig the ~~id. ~or~heast ~~ne d~ at~remer,.tianed.I~t~ i ar~d
fhc ~sa~~ s~]tXthw~~t ~fn~. 'of: Chi a~nx~ment~~ne~ ~:8q~tiort '3x, a~I~ot~g the
li~T~t~1w~St tine of the afor~-~t~nt~~~ed~ ~5 foot x boat. tract,
~A~°3Q"~7""$-.a dis~at~oe Of ~50.~~ f~et~ {~eco~t~ - N~~°~ to ~ i~~r
fan rad s~~ .with ~~,astic ~~~p starop~d. %c~s/1~t1~~at ~.A~ ~'x," for tt~~ ~~iorth
~C~r~e~ :~f the paid 4~ foal foot track. anti Che: mast e~~t~rly ~do~~h
~~arner a~ the -he~~ir~ d~scr~~~d~ ~9~6..i46 .acre
GCB a~o~~ .norkh~a~s.~~ line aE the aforei~ieritionG~ 45 .~.aot. x ~Q: fo~.t
~~aC~, :~6~~.~5, f~ d~.~tanC.e of 4~~~~ ~ee~t ~~R~~Ord: - ~S6-f:'~ ~5' to a
~iroa rod ~~t Wixh. ~~aettc. ~c~~; .s~a~ip~~: ~'~.~`aSf C~[1BEtY S°~~.. T~." i~ri the
.
. ~a~.d cer~terx#~~.. a.~: tote ~~i~~retn~t~~t~aned ~a~dror~: a~ .end' ..the e~rierr~ ~~n~
.
,~f Che afa~re~tientianed Se~~io~j 5~ and= :~e~~~~ti 5~:•:v~ .the. ~f~z'et~n~~o~~d
~~~u:~ ~uf~.~ ~ici~ia~; ~a~ni and. a~~eh ~ra~c~s S;vlsi.oA• fay the exist
c;or~e~. 4f t3se said .~5. ~~vk •x 35~ ~o~~ ~.G ~~t aid. a r .~h~.
ri east' c~rxi~ .
t~~~cei~r~ de~c~~i~~d 199~b:1~~ a~~r~, track;.
TC~~. ~~~:o~z~ .~~he~ sout~~a~~ ~~~e .dg~ ,the afa~em~~t~~7~~~~ dot. ~ 2~5D foot
~~=dtct_,. ~h~e ..surd c•e:~~erl#.~n@; '6f the a€~.~e~ien~iaried ~a:~d~ron ~pac~ ~r~d• they
5a~:~~ ~~non line n~ the ~foireii~n~~v~e~ ~ectf;.~~s~ ~1. _ar~d. 5~.; 528°3~'~3'
a d1~_t~~~~` 2~0 . ~.0• feet f~a~ord - $3=9'w ~:]~.to' ~,~i •~f~ ~ iron. ~~d -sef
with .~t18~Gi:~ :cap' stamped. "C~~~:~[U~RY S:,A, ~T~:. ~ Sri ~h~ ~~i~ nort~e~s~ l~r~e
.tha -afatementi~n~~ .~o~ 3 ,for ~Ghe ~~.out~h ~a~n~r: ~f the said ~~5 oo~..~
250 ~ao~- t~r~ct, the Corner. ;a~ the: ~ai~ Secti,a~4: 51,: tY~ewest. eo~ner
v~- the said S~~t~nn~•~~ :end an •in~$rfor Cor~i~r .off tl~e ..~i~~ir~ des~~rild
TB~C~ a],o tyre .~a~;d n'.th~ast l:id~ o~~:th~; afo~~m~r~t~i.ar~ ~o~ ~-:at~d~ the
~~~thwes,G. ~i~~ne .off t~i~., of d~eroat;~ot~e~ S`ec~,~on 5~ ~ 5~.~ ° ~5. ~ ~3•'!~ a d#~~teh~e
~6~1 . ~ ~ a-. zl~ .:~~xa~i rat~..:~e~ with
p~~:a~sti.C cap ~~a~ip~~d ~C~S~M~ER~~ S.~A. ~'1[~," h `t3ia ~~~f~B~C~• ~hp~e~r~e: tk~e
t~r~a Madre :for. ark e~~~... ~~~ter ~tha. -said I?ot` ,a~s~ :fin ~ss~ ~.orr~~r ..o#
the -herein ~d~~~~~~nd: aVre.'t~act~,~ , .
~N~wc~ alo~i~ .tt~~ east; ~~~ne of the- s~or~~~A~~n~d and. the ~asa~ vieat
~~~iQ~`~l.ir~e a~' thy: ,a~~reme~~t~i~ri~d tuna. ~l~dxe the ;fG~~:~wfri~ t~irtj~..f3~~~:
~vur•~es~ -
~].~1~~.4-'S0"W a~ dist~r~ce a~ 67Z.~}.~ ~~~et to. ~a~ ~a~~ie pCiI7C;
:~~.6'33'.3.3~W a. di~C~nce ~f ~G.~, g~ !"sek t~ an~ie ponGr
.S~q'~5~~i~="4~~ ~ ~x:sra~ o~ 9~~.;~1. ~t ~o az~. ~r~gl~ .A~~~?t~s
-~i ~
*,3 ~ ! ~ a dia.. ~an~ ~.9~.. 8'~ ~~e~ ~o a3x: ~n j~. a po~.nt ~
533.*~~:'~0~~ a dis~anc.~ :of 3IG:9~ ~E~e~ tp an. ~n~:l~. ~po~,t~t;:
~~Ige .Q~~
~~~8.~ f~td.
• '3~I~E i l~Iapicv~, S~nt~~~rs, I's~a~ 78?29
Amt-Topaz Power BMD City rjr D4D92~~8a
A TEXAS - ~
C~TRAL, $~lR~ ANDLILI~i'~ C~P]~N`Y)
B~kRl~Y .t~, ~~1$ PAR ~LAI~T $ITE
~ GbD~'1f; T'~X~iS
~ 4.7 ~ 5 ~lCRB SO~DAR~ &V~irgY
0~ ° b~' ~~"E di~ll~nc~ of :2Z1, 4.7~ fe~~ .ta ~an ari~le poi~i~ r
$~8:°59~'~~.a:~ ~ distari~~ of~ G4.~'i~ f~e~ to a~ a>~gl~ pointa;
S~~'~~~~.'~~7'~W di~~ance ~~41:~~ deer to ang~:e poirt~~
;$~2*.~6'~7dw ~a ~i~~a~ce o~ ~~~.~.~G ~~et 1}a: an ~~r~gie pgfrit;
-sx~•18~'~J"~..a ~i~tan~e ~i"]8,45 ;~e~t ar~~ ~an~I~ pbir~~~,
8~~~ `5:4' 0.5 "S a :d~slrRtl~e o~ .43'x.. Via. ,~e~t ~o' an< ang3:e~ ~ai~~;
'~.~$'~~'~~rr~ ~i~ti~a~~ of ~8~:58 feed: to air ~~~1g1e~ pDi~~;
5~0~°~9!~~~~ df.~~~riCB 1a8.:g~ :f'.a~t to dY3 ~arlc~~~ po~.n~r
;s~oa r~_~`' SQ'~~: a df.s~ance :57.85 ~~~t t~ aid ~rc~ie p~irt~;
;~41.'.T~~' 1.~''E :a .d~stat~~e . of R 5 , 5~ 'f e~~ ta- axt ~n,~}.e, ~ain~
~~~4.~~3, ~.~~~.E. a: Q~~~anc~ ~f 64•; ~9 -f~~t. ~o~ ~n~~~, p~.ini t
~~6-'59.' da:a~it~ce ~of .:4~~ i*~..ap :ang~,:a~ pc~rit:~f
5~~•'4~ x:33:"~~ dst~n~4 ~1~~:;~.~ f~e~ ~a an. ~~n~l~ ~aft~t:~
~g~'2•°:~~ r~59:~~. ~ ~is~~~c~ of ~~3G....~4 .~e~t C~.. a~i..a~~~~ p~itt~.#
~1`}~~;'~~l1~~~8: ;a d~:~t~~ i~7,.78 . ar1~T~ ~'pai:~~•,
542.•:D4' S4" 6~ :a dis~~~ce~ ~~~f 2~4:~~~ ~~e~, =~a ~n> angle ~~nt;.
S36°39.~ ~~"S. a di'~~8~~~ . ~e~~ ~~v~ air. angle ~o~i:r~t•r
535.° x.4.':3 ~''!s ~f ~t~~~~e ' a~ 5.~ . ~A f e~!? ~~..a~: auxgls pairi~~r
S4~?'~~.'.~~~x;~: ~ d~~tan~.~; ;~f f~e~ ~~o air aag~].e .p~~:~rit;
~l~~4'~,~:~~~~~5 a d~:a~~a~ca: ~f ;A8:6~::5'~ ~e.~~~ ~v-~ :pof,r~#
~5~~~~~.'`3Q"S a ci~~tance: ~~~:9, ~~e~ to .~ri angle point.
~~G'~~~~~.p~:~ ~di~tCe~'af ~~~iD:.4B feet-'~~o:~~ g~:e~.pof.tst.x
~x5Q.3.~ ~~~R a :ci~,~~~dii~e~: 'of ~;~:7 ~:Y ~a~t_ 't:4, :a~ ~~t~l.~ :go1~et~
3day ~~3; 2~~~ .
~1~ M~p~c i~,.S~in ~1n~on~o; ~cza~ Te~•31~-581-]I1:t ~a~ 2f~-~R1.5r55 .
Agmt
Topa2 Power-BID City rjr 04092~08a
A$$ TSZAB CiN~RAL ~'Y
~~~1 ~l ~ ~ got ~sba'r
8A1ll~S~ ~d. Dl~V'IS ~8~ PL]IN'P 5~~E -
I~U~CgS CQ.QHTYr T~
1$ ~ 0 9 3 ]1CCRB 8o~1D]1R~ . SgRV~Y
~~~•~6' S4"~ ~ .~i~aC~?ncs' af~. 16.84 fa~C to ~a i;~on ~od~ s~ti with
px`a~tic ~a~ steatped "C"~S~~ML~BRY ~.A, 7,7Ct" 'E~~r~ the .rnost ~o~ther},y
co~rne~ the said Lit a~rtd the Est sauCh~~l~ ~~a~ioer C~~ bere~iA.
desaxib~d 19~~~14G acre GrdCC= .
rrc~ ~a~ng ~b~: ~ou~~iwest :I~~e o~ ~th~~~~~r~ment~an~$ Lot i, ~~r~~~
p}a~sir~g_ ~~gg]~~~~yy~~,~yy~~an.grl~o~~~: s~~ with piaeC~.~ c~t~ ;ys~tampe~+y~7"G7A~lM13E{Rp1~. ~:1r~~.}ix7xy,"
t.1M ~~M,R+4~ 1d~ ~~7.'1-i 4~1 '~~~G1 ,c~. ~~~d~]r .~i$C.8x1G~ ~;~~~~.$1 .~~et LdLF4+V~.~
N8I'~5' ZS'~~I ~~~8b ~ ~ ~a Chi P!~]tC$ OF BEING. con~~it~,ing 19~8,1~5 dC~ea
Zarid
8~~~(~ ~a ac~~. Cr~C~ C~ ~a77d ~y~rtg in the A#tf~can ~e ~o~ir~us
G}~rist,~" ~~a~t t~ .Ra~mcn. de Yrio~Gsa, .~l~st}a~~ +~1Z, Nuecea ~~urity;.
'Iex,~&; heri~ go~~ion L~.t ~~~~k ~ of ~.th~~ ,8~~e~r M. ;pavis
S~i~r'a,i~ri.~~s r~rd~ed i~ v~~ume ~~:r pale ~ta~i ke~~.~. o~":~i+~led~s
C~~rit~,, ~~xt~s, ~ ~orti~~t a! 1~~9~5ti~~6~ tvrac.~ o~ ~~a~d a~
~e~'}cari~~./.~ir~ v~}~~~,e~!{yn{yi~~8~~~~ ~Iya~e ~D~; ,J7~ry~}~}~~c~r[/e~, ~ue~}ey{[~~y}.: ~ou~~~[~,
fi ~~18~ ~~~~i~~., d~~Cl~d• ~ Yi ~A~.~~ #i~ V~i.~~ .~.~~MV~~iI';
8]~RY,z- ~ ~O~iR~3:.~D~wG~ ~a~te~. Mai ~~~:~Chs~ ~he~e~a ~s
~it?ii~I~i~ aid rude. ~ p~r~ .,~~r~o~ :~r~~: ~e~ ~e ~par~~t~ai~~~~:Y
d~~cr-i~e~ .a~ ..~~~:l,~w~::
~QN~~~~#_ a~ :ark ~~x ~ra~as~ :pZa~~ ~~und sat, i~. ~~6n~re~~.
ma~ack~:ng ~~e ~~t~iChrras.~ .~o~ner -at the ~~a~am~enCf~zied ~~;o;t 1_~
~'~{ICB a1Or~g t~t~ ~~utY~w~~t ~in~ ~f C!!e ~~±~~~~'~tlti~n~d L~~ i,.
56~:'2~ ± a dis~ance~ of "13~~8 ::62 :~e~t. {,Record~~ - ~6x.'~Z~ { 25 "L~~: ~o
~B ~e~~r,~n~ ~h~ Safi. aou~ttiwe~~ ling. of :C~a a~~~.~~~rit:a~~t~~d~ t
d~st~rt~e. p~~. .~.e~C a:~3~f•~~ f~6ri rod ~sa~. ~~t~_
- ~S~e.t.i~ ~~p :~Car~pe'ck "G'a5/~~ ~,-A. the ~~I~1 ~~#IN~~
the ~we~C C~~aer of tic ~ie~~i~ d~~~~il~~d ~ y X51: a~r~e. ~t~ac~ f
T~[C~=~f~~°~~~4''~~"~~~~ ~~;Sta~nC~ ~~5.0,.:.~~~ ~~eet:.ta, ~~2:" ~t hod set
o~ .the ~es~ir~ ;d~s~xi~~ed :~~r~ ~r~cC.,
T G~`'~~~":3.~"~ ..a dis~~~~~..4~ ~~~8..0~~ •~a~t ta~ a ~;ron :gad. set
~i~~ ~~a?~C.f~. cad st~~. "~nS~Y~t]ERY:8::1~. T~~,:":.~or~ a ~~C ~~~x.~ha~~y~
ea.~C- .~~rA~r off.. r:h~: he~ei~ ~e~aa~:k~ed~ ac~~.
S~~' 34.'~~2•~'.W :e a~i~tance :off ~5~ . ~B ~ t~ a~ ~ i:~~rt :hod set
pith p1~~tia yap ~s~amped~ "~~~/~UER3f•~~~.A. TX." ~.o~ :.i~;ta~iaz Co~i7e~
.tha ~ereiri cies~xiried 5~: L ~aGr.~ t~ac.C ;
Page 5- OP
~~~,7 #~d _
~#a ..~3; ~0:~4..
i~~t;.~f~g~r.1~~r~,..~~n,l4r~t~nioTe~s 78~~ "~e~:-~rt~1#~8i~t.1~~1 ~~x~ ?~~~,~81-5a~~
Agmt~Topaz Power-~Ma City rjr 04~9~OD8a
~~~'~1~~A ~~BR, AND FBI C01~~l~LY}
v
}.39~:,7~~5 ACRE S~fll+lm]~tY ~1?R3i
Tiiry7a~yN~B $G1;'~~'°~~~~BLr a d~st~'n•~c~¦¦~~~{yy4y]fy~~y/~],~.. D~ beet ~o/~LM~ .~J~1"r1
~.w'~8ron/~.~8set:
~~:W!i ~~~3~~C ti/~~ ~t~~~a' ~VY~~A~y.+iti~ ~ •'~l f. ~~/R' ,Y1F@~~ ~?/~~~Y
~~Bt C~rn~r af~ th$ h~re~.n d~s.~r~ed. 5, 35~ acxe. tr~cC~.
'i"13~NCL~ ~2~'~'.~~~"W ~ ~fsta~nce of ~~.~3 feet to a ~/z" troi~ rack sit:
. wkt,h p~as~~~. dap stamped "CD5~~1G~~Y ~;A~. Tt~~," far the frost ear~t~er~.y
eou~h Garner the ~~re~m des~~ib~~,~ 5;. X51 :anr~ t~.a~t~
THffi~CS: ~S~l*~.S' 38--"~ ~ .d~~anc~ a~ ~9.: t`~et ~ 1~~" 3~ron god set
~~ttr ples.k~c e~p st.~,ti~e~I *CpSIM~~~x: ~.~i,. are ~nt~e~icr. ~grn~r
d~ tie: h~reii~ de~~rib~c~ ~~.,~~x. acre ~rac.t; .
2`RB~iC$. ~~~°~.4 "~~"W..~ d~i.~arr~~ :~k49. S9 ~~~t C~~ .~xoq rod: ~~t
w.~ p~as~~.o ~a~: s~dmped °~DB~~~1U~t~~ S:.A..T?~. ~ .i~o~ ~t~~; w~~~er~~
so~rh .cartte~ :a~~ the '.~Yerei~ d~~~rxheci ~c~e.. t~ac.~;
~6If~`~.,~3$"~ a ~~~§ta~t~e~ D.~ ,516.•.~.Q ,fee:t 't~ ~k~~ FI~AC>~ 0~
"BR~II+I~INQ ~c~nt.a~irii:~g ~.3~~, ~c~res :of ].and,
~kte' a~~~g hasps: t~~'!1~ $LlC1~~~ :1$ Gr~.~~ H~~thR ~~x~a .7rat.e .r~l2tIIC
$TATg Q~ l ]C
Y
~t ii~O~XI~..~e K~~~~~ "~G~~$t~r$~ ~~~~$~Ql'18~1 har~d.~ ~Ll~~~~~. ~~xeF]]f
c~~C~~~y~ k~~C ~~~e.:a.~ova lai.eld notes w>".C :p~Bpar~d .u~~i~t~,. ~n~or~t~o~
o~`ta~~~ .~y a~ an 'thd' grouri~ ~urv~y ='iti~ct~ under- 'm~ ~~xaaC,~n gad
~ ,r ~RT~AA~~~te~red ~t~l*r~}~s~~~~.onayly~n~ ~t~~y~~ -
iuj,~~?i~~1 ¦4f ~.ii~~~~¦R.~~
f
.
.
` ~
'page. .~F 6
'~~78.,ft~~.
Ka ~G~4
:~4i#~1k3~Ric prir~,.Sit~.Anro~~,Tea~s~9~~9 Telr?CO.S~I~t11~ Fit: ~1~-58~~-555
A~m~
Topaz Power`BMD G~ty rjr D4092008a
~ ~
~ ~ ~
c~c~ oe~c. r~.~x~a
~ ti K CQ$~/~il1FRf RIJkT X10, R0114h06=9QIlM~AR1'1.041G
fir? ~
~~A~i1N~ X56: GR10 H41f~ii
.~~~~1~~ ~ ~ ~ ~ SYAiE . RI,~VE `QODRp~N+4T~; S1'STEIt,.
~l+UlO 1~~3:.5~liTFl~ IOeIE,
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1.
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~6~d~~~8'.~ ~56.~?,.
`[rte, -.:~~:~r.'~ r:de37
57~1~'2~-E _~Bp:TB'
~{~A. ~ ~SF~TD~ SII~
:1 ~if~rrii~~ey ci.. r:~5ii:~'
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~ ~lS.Wi~C M.. ~.i~W ~Iflg11~ fEkAf 71af s: ~1~-5~4-f~~il
r
Agmt
Topaz Power-BMD City rjr ~~0~~~~Sa
~,7 ~ ~?L• , fir.
;~y : . ~ ~ 1:~CAL ~E 5C. +10,2~i8 .
sr ~.~~`HO>:4 CD5/yuERir~rns ++d.: iaii~i.p6
ti CQ5~11UEIiY P[J~T 1'101 10114#•~-$OLlf~tl'~Ow1:
~ . 8F?IRi>~, BIk5~5: ?1URYN
~5'zi54' 1F~CE * ~~~A$ STAB r+WrE fr00R~INA~E ~51'*Ts
f]~1. -
. ~
GRM~, i~~i:~ ~ kt 1iAy Z3. 1001
~ r v~r bn ~ .iS I 1r5~31'23'~N
r
. ~L,:1~3], ~ 568 ~ Cr;]W011 Iwf'Gf ~ n
D,R1lC. ~
'S~~ilp!.~1.~ fvb,
~ ~ RCigi 5.t ~ n~
r1' ~
w~, ~ ~ ~ ax~r 5,351 R~ ' ~ ~
7L' gl'a ~ ~.2'
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Agmt•1'opaz Powe~•BMD City rjr ~409~~~Sa
PROJECT ~~SCR~~TIOI~
Topaz Po~ver rvup proposes to undertake a major capital redevelopment project on
the site of the existing Barney ~ Davis Poser Station along Laguna Madre in Flour
Bluff over a o-year period be#een 200 and The poser plant is currently
o?~ned and operated by Topaz Poser group, v~hich is an Austin, Texas-based limited
liability company a~ned by a subsidiary of Carlyle~~iverstone global Energy and ~o~rer
Fund Il I, L. P.
The redeveloped Barney Davis units can be expected to carry a total ~ ,014-
megatt ~~111~1}capacity, ~rhich represents a net increase of ~ ~ M over the capacity
of the current units. This project gill provide electric pouver to the ERC~T poser grid
serving areas outside the local region, iil result in significant direct and indirect local
invetrr~ent and job creation and utirill provide long term electric reliability for the entire
Nueces County region,
F~EDULE ~
„Buy Local" annual Reports
The falla~ring infarrnatian shall be reported to the pity on calendar-ear bis during -
tl~e first four years of the tax abatement pragram:
Dollar amount spent for rnaterial~ {lacal}.
Dollar amount spent for materils* total}.
3, Dollar amount spent for labor** {local}.
4. Dollar amount spent for labor~* ~totai}.
5. Number of jobs created in tyre constructian project ~local~.
G. Number of jobs created in the construction praject ~total~.
Number of jobs created on a permanent basis ~lacal},
Nur~ber of jabs created on a permanent basis ~tatal}.
"~Ilaterials" i defined to include all materials used in excavation, site improvement,
demolition, concrete, structural steel, fire proofing, piping, electrical, instruments,
paintings and scaffolding, insulatian, temparary construction facilities, supplies,
equipment rental in canstruction, small tools and consurnables. This tern does not
include major items of machinery and equipment not readily-available locally.
"Lobar" is defined to include all labor in connection urrith the excavationt site
improve~ren#, demolition, oa-ncrete canstruotian: structural steel, ire proofing,
equipment placement, piping, electrical, instruments, painting and scaffolding,
insulatian, construction services, Draft benefits, payrell burdens, and related labor
expenses. This term does not include engineering services in connection vuith the
project design.
The term'~local" as used to describe manufacturers, suppliers, contractors and labor
shall include firms, businesses, and persons vuho reside in or maintain an o#l~~ce in either
Nueces bounty or fan Patricia bounty.