HomeMy WebLinkAboutC2008-394 - 11/11/2008 - ApprovedTAX ABATEMENT AGREEMENT
THE STATE OF TEXAS }
}
COUNTY OF NUECES }
This Tax Abatement Agreement ("Agreement") is made and entered into by and
between the City of Corpus Christi, Texas ("City") and Lon C. Hill, L.P., a Texas limited
partnership ("Owner"), the owner of taxable property in the City of Corpus Christi,
Texas, located at 3501 Callicoate Road, Corpus Christi, Nueces County, Texas
("Property").
I. AUTHORIZATION
This Agreement is authorized by the Texas Property Redevelopment and Tax
Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to
the laws of the State of Texas and the charter, ordinances, and orders of the City.
II. DEFINITIONS
A. As used in this Agreement, the following terms have the following meanings:
1. "Abatement" means the temporary or partial exemption from ad valorem taxes
of certain added value to real and personal property in a zone designated for
economic development purposes under the Act
2. "Added Value" means the increase In the assessed value of the Eligible
Property as a result of "expansion" or "modernization" of an existing facility or
construction of a "new facility." It does not mean or include "deferred
maintenance."
3. "Base Year Value" means the assessed value of the Improvements on the
Property as certified by the Nueces County Appraisal District as of the January 1
preceding the execution of this Agreement, plus the agreed upon value of
Improvements made after January 1, but before the execution of this Agreement.
4. "Basic Manufacturing or Service Facility" means buildings and structures,
including fixed machinery and equipment not elsewhere described, used or to be
used for the production of products or services, which derive a majority of
revenue from points beyond a 50-mile radius of Nueces County.
5. "Construction Phase" means the period during which a material and
substantial improvement of the Property occurs which represents a separate and
distinct construction operation undertaken for the purpose of erecting the
Improvements.
(a) The Construction Phase ends upon the earliest to occur of the
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1Be$. X27931 :ment Agreementy -City of Corpus Chdsti.doc
Lon C. Hill, LP
(1) When a certificate of occupancy is issued for the project (if
within City limits).
(2) When commercial production of a product or provision of a
service is achieved at the facility.
(3) When the architect or engineer supervising construction issues
a certificate of substantial completion, or some similar instrument.
(4) Two (2) years after the date of this Agreement
(b) The determination of the end of the Construction Phase is made by the
City, in its sole and absolute discretion, based upon the above criteria and
the other factors as the City may deem relevant.
(c) The determination of the end of the Construction Phase by the City is
conclusive, and any judicial review of the determination is governed by the
substantial evidence rule.
6. "Deferred Maintenance" means improvements necessary for continued
operations which do not improve productivity or alter the process technology.
7. "Economic Life" means the number of years a property improvement is
expected to be in service in a Facility.
8. "Eligible Property" means the buildings, structures, site improvements, and
that office space and certain personal property necessary to the operation and
administration of the Facility to be constructed under this Agreement. A list of the
Eligible Property is set forth in the Project Description, which is attached to this
Agreement as Exhibit A and made a part of this Agreement. During the
Construction Phase of the Eligible Property, the Owner may make the change
orders to the Eligible Property as are reasonably necessary to accomplish its
intended use, provided that no the change order may be made which will change
the qualification of the project as a "Facility" under the Guidelines and Criteria for
Granting Tax Abatement approved by the City.
9. "Facility" means a Basic Manufacturing or Service Facility, as set forth in the
Guidelines and Criteria for Granting Tax Abatement adopted by the City.
10. "Improvements" means the buildings, portions of buildings, and other
improvements, including fixed machinery and equipment, used for commercial or
industrial purposes on the Property.
11. "Ineligible Property" means land; inventories; supplies; tools; furnishings and
other forms of movable personal property; vehicles; vessels; aircraft; housing;
hotel accommodations; deferred maintenance investments; property to be rented
or leased, except as provided in Section 2(c) of the Guidelines and Criteria for
Granting Tax Abatement; improvements for the transmission of electrical energy
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not wholly consumed by a New Facility or expansion; any improvements,
including those to produce, store or distribute natural gas, fluids or gases, which
are not integral to the operation of the Facility; improvements to real property
which have an economic life of less than 15 years; property owned or used by
the State of Texas or its political subdivisions or by any organization owned,
operated, or directed by a political subdivision of the State of Texas; unless any
of the above types of property are specifically authorized by the City.
12. "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 the facilities. Modernization may result from the construction, alteration or
installation of buildings, structures, fixed machinery or equipment. It shall not be
for the purpose of reconditioning, refurbishing, repairing or completion of deferred
maintenance.
13. "New Facility" means a property previously undeveloped which is 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 as the guidelines and criteria are
specifically modified by this Agreement, all definitions in the guidelines and criteria are
applicable to this Agreement.
III. PROPERTY
A. The Property is an area within the City of Corpus Christi, Texas, located in whole or
in part within the jurisdiction of the City, and is more fully described in Exhibit B attached
to this Agreement and made a part of this Agreement. The Property is located within a
zone for tax abatement established under Chapter 312 of the Texas Tax Code, as
amended, by the City of Corpus Christi, Texas.
C. The Nueces County Appraisal District has established the following values for the
Property as of the January 1 valuation date prior to the date of execution of this
Agreement.
Account No. N305856
Land $0.00
Improvements $110.00
Account No. N305857
Land $0.00
Improvements $430.00
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Account No. N305858
Land $0.00
Improvements $1,370.00
Account No. N305859
Land $0.00
Improvements $152,070.00
Account No. R230260
Land $1,852.00
Improvements $0.00
Account No. R242340
Land $1,272.00
Improvements $0.00
Account No. R242342
Land $3,340.00
Improvements $0.00
Account No. R244159
Land $214,593.00
Improvements $0.00
Account No. R367384
Land $293,587.00
Improvements $0.00
C. The City and the Owner agree that the value of any additions to the Improvements
made after January 1 or not otherwise reflected on the above valuation of
Improvements is:
Additionallmprovements: $0.00
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D. Addition of the above amount to the valuation of the Improvements as of the
January 1 valuation date prior to the date of execution of this Agreement results in a
Base Year Value as follows:
Base Year Value: $153,980.00
IV. TERM OF ABATEMENT AND AGREEMENT
A. The City agrees to abate the ad valorem taxes on the Eligible Property under this
Article and Articles V and VI of this Agreement. The Abatement is effective with the
January 1 valuation date immediately following the date of execution of this Agreement.
The Abatement continues for up to two (2) years during the period of the Construction
Phase and for the next three (3) full tax years after the Construction Phase, expiring as
of December31 of the third tax year. If the period of the Construction Phase exceeds
two (2) years, the Facility is considered completed for purposes of Abatement, and in no
case may the period of Abatement, inclusive of construction and completion exceed five
(5) tax years. The years of Abatement provided in this Agreement in each instance
coincide with the tax year commencing on January 1 and expiring on December 31, and
in no event may the Abatement extend beyond December 31 of the fifth tax year. This
Abatement also covers as Eligible Property those supplemental improvements to the
Eligible Property that are added or constructed during the post-construction three (3)
year period of Abatement. In no event, however, may the total Abatement period for the
Eligible Property exceed the maximum five (5) year Abatement period for the entire
project as specified in this Agreement.
B. The term of this Agreement continues for a period of five (5) years following
expiration of the abatement period. All terms and conditions imposed upon the Owner
continue in effect during the period, and the Owner is obligated specifically to continue
the minimum employment levels specified in this Agreement. Any default is be subject
to the provisions of Article VIII of this Agreement.
C. Notwithstanding subsections (a) and (b) of this section, this Abatement Agreement is
automatically extended to the extent necessary to recapture any abated taxes and
secure payment by the Owner under the provisions of Section VIII.
V. TAXABILITY
During the period that the Abatement is effective, taxes is payable as follows:
1. The value of the land comprising the Property is fully taxable.
2. The Base Year Value of existing Improvements comprising the Property is
fully taxable.
3. The value of Ineligible Property is fully taxable.
4. The Added Value of Eligible Property is abated under Article VI of this
Agreement.
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VI. AMOUNT OF ABATEMENT
A. The Abatement provided by this Agreement is based upon a Basic Manufacturing or
Service Facility, which provides not less than 20 new new permanent full-time jobs and
maintains the same level of employment for the term of the abatement agreement, the
percentage of tax abated is under the following schedule:
Percentaae of Abatement
Construction Period
(not to exceed 2 years) 100%
Yearl 50%
Year 2 50%
Year 3 50%
Year 4 50%
Year 5 50%
B. In order to be counted as a permanent job under this Agreement, the job must be a
full-time position providing regular work schedules at least 35 hours per week. For
compliance purposes, the determination date is January 1 of each year commencing
with the January 1 following the date of completion of wnstruction. The percentage of
abatement provided each year under this Agreement is based upon the employment
information as of January 1 of the year. As a result, the actual amount of abatement
may vary from year to year based upon employment levels and property valuations.
C. Living Wage Requirement. In order to count as a permanent full-time job under this
tax abatement program, the job should provide a "living wage" for the employee. The
target living wage under this abatement program must be that annual amount equal or
greater than poverty level for a family of three, established by the 2004 U.S. Department
of Health and Human Services Poverty Guidelines, divided by 1820 hours per year.
D. At the time of execution of this Agreement, the Owner reasonably estimates and
represents to the City that the Added Value comprising permanent Improvements upon
completion of the Construction Phase is:
$110,000,000.00 ("Estimated Added Value"), of which $110,000,000.00 is
eligible for tax abatement.
E. 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
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Christi.doc
property that may be included for the purposes of determining Added Value is property
that will be normally taxable by the City during the term of this Agreement.
F. In the event that upon completion of the Construction Phase, the Added Value of
permanent Improvements, as determined by the Appraisal District, is at any time during
the period of Abatement be less than eight-five percent (85%) of the Estimated Added
Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay,
as additional taxes under this Agreement, an amount equal to the then current tax rate
of the City applied to the difference between the Added Value from eighty-five percent
(85%) of the Estimated Added Value, multiplied by 100%, minus the net percentage of
Abatement provided under this Agreement. For the purposes of this provision, the term
"circumstances beyond the control of Owner" includes casualty losses, national
economic factors, shutdowns due to governmental regulations, strikes, acts of war; and
the like.
G. The formula for calculating the additional tax is outlined as follows:
(Tax Rate] x [(85% of Est. Added Value -Actual AV) x (100% -Abatement°/a)] _
Additional Tax.
VII. CONTEMPLATED IMPROVEMENTS
A. The contemplated improvements are set forth in the Project Description attached as
Exhibit "A." During the Construction Phase, the Owner may make the change orders to
the project that are reasonably necessary, provided that no the change order may be
made that will change the qualification of the project as a "Facility" under the Guidelines
and Criteria for Granting Tax Abatement approved by the City. All improvements must
be completed under all applicable laws, ordinances, rules or regulations. During the
term of this Agreement, use of the Property is limited to operation of the Facility
described in the Project Description consistent with the general purpose of encouraging
development or redevelopment of the zone during the period of this Agreement.
B. Owner represents and warrants that this project will add at least twenty (20)
additional permanent full-time operating or contract employee following the completion
of construction, and will maintain the same level of employment for the term of the
abatement agreement.
C. Owner represents and warrants the project is not expected to solely or primarily
have the effect of transferring employment from one part of Nueces County to another.
D. Owner agrees to utilize the best available, commercially feasible technology, as
determined and approved by permitting actions of the Texas Commission on
Environmental Quality, for any new equipment or systems installed as part of the
construction of the facility that would have an impact on air quality in Nueces County,
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.
Lon C. Hill -Taxes -Property - Abatement Agreementy -City of Corpus Chdsti.doc 7
VIII. EVENTS OF DEFAULT AND RECAPTURE
A. Failure to Commence Operation During Term ofAgreement. In the event that the
Facility is not completed and does not begin operation with the minimum number of 50
permanent jobs by the January 1 following the completion of construction, no abatement
is given for that tax year, and the full amount of taxes assessed against the property is
due and payable for that tax year. In the event that the Owner fails to begin operation
with the minimum number of 50 permanent jobs by the next January 1, then this
Abatement Agreement terminates and all abated taxes during the period of construction
are recaptured and must be paid within 60 days of the termination.
B. Discontinuance of Operations During Term ofAbatement. In the event the Facility is
completed and begins operation with the required minimum number of permanent jobs,
but subsequently discontinues operations or the minimum number of permanent jobs is
not maintained on any January 1 during the term of the Agreement after the completion
of construction, for any reason except on a temporary basis due to fire, explosion, or
other casualty, accident, or natural disaster, the Agreement may be terminated by the
City, and all taxes previously abated by virtue of this Agreement are recaptured and
must paid within 60 days of the termination.
C. Abatement Contingent Upon Total Capital Improvements. The tax abatement under
this Agreement is contingent upon the Owner investing a minimum of $110,000,000 on
Project, as described in Exhibit B. The Owner's failure to make the minimum
investment is a default, the abated taxes must be recaptured, and the Owner shall pay
any abated property taxes within 60 days of termination.
D. Abatement Contingent Upon Additional New Jobs. The tax abatement under this
Agreement is contingent upon the addition of at least 20 additional permanent full time
jobs at the Facility, and a companion facility owned by Nueces Bay WLE, LP, that has a
separate agreement with the City. The Owner's and Nueces Bay WLE, LP, failure to
create the required number of additional permanent jobs at the completion of
construction is a default, the abated taxes must be recaptured, and the Owner shall pay
any abated property taxes within 60 days of termination.
C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to
become delinquent or fails to timely and properly follow the legal procedures for their
protest or contest, this Agreement terminates and the abatement of the taxes for the
calendar year of the delinquency also terminates. The total taxes assessed without
abatement for that calendar year must be paid within sixty (60) days from the date of
termination. Penalty and interest do not begin to accrue on the additional amount of
taxes due as the result of recapture under this provision until the first day of the month
following the sixty (60) day notice, at which time penalty and interest accrues under the
laws of the State of Texas. Penalty and interest on the amount of taxes originally levied
based upon the Abatement begin to accrue as of the date the taxes were due under the
laws of the State of Texas.
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Chdsti.doc
D. Notice of Default. Should the City determine that the Owner is in default under the
terms and conditions of this Agreement, City must notify the Owner that if the default is
not cured within sixty (60) days from the date of the notice ("Cure Period"), then this
Agreement may be terminated. In the event the Owner fails to cure the default during
the Cure Period, this Agreement may be terminated and the taxes abated by virtue of
the Agreement will be recaptured and must be paid as provided in this Agreement.
E. Actual Added Value. Should the Nueces County Appraisal District determine that
the total level of Added Value during any year of the term of this Agreement after
completion of the Construction Phase is lower than the Estimated Added Value the that
a lower percentage of Abatement is applicable, for each year during which an
Abatement has been granted, the difference between the tax abated and the tax that
should have been abated based upon the actual Added Value is determined by the City
and must paid within 60 days of notification to the Owner of the determination. Penalty
and interest does not begin to accrue upon the sum until the first day of the month
following the sixty (60) day notice, at which time penalty and interest accrues under the
laws of the State of Texas.
F. Reduction in Rollback Tax Rate.
1. If during any year of the period of Abatement any portion of the abated value
is added to the current total value of the City, but is not treated as "new property
value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose
of establishing the "effective maintenance rate" in calculating the "rollback tax
rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget
calculations indicate that a tax rate in excess of the "rollback tax rate" is required
to fund the operations of the City for the succeeding year, then the City
recaptures from the Owner a tax in an amount equal to the lesser of the
following:
(a) The amount of the taxes abated for that year by the City 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 multiplying the difference by the total
assessed value of the City.
2. If the City has granted an abatement of taxes to more than one taxpayer, then
the amount of the recapture calculated under subparagraph (b) above is prorated
on the basis of the value of the abatement with respect to each taxpayer.
3. This event does not constitute a "default" under this Agreement, and the sixty
(60) day Cure Period provided above does not apply. The recaptured taxes must
be paid within thirty (30) days after notice of the rollback in tax rate has been
given to the Owner. Penalty and interest do not begin to accrue upon the sum
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Chdsti.doc g
until the first day of the month following the thirty (30) day notice, at which time
penalty and interest accrue under the laws of the State of Texas.
G. Continuation of Tax Lien. The amount of tax abated each year under the terms of
this Agreement is secured by a first and prior tax lien, which continue in existence from
year to year until the time as this Agreement between the City and Owner is fully
performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full.
H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any
default by Owner, the City Council reserves the right to terminate or modify this
Agreement.
I. Owner's right to appeal.
1. Owner must be afforded written notice of the default and the opportunity to
cure as provided above.
2. If Owner believes the action was improper, Owner may file an appeal in
Nueces County district court within sixty (60) days after written notice of the
action by the City.
3. Owner shall remit to the City, within the 60-day period, any additional or
recaptured taxes levied under the payment provisions of Texas Tax Code §
42.08.
4. If the final determination of the appeal increases Owner's tax liability above
the amount paid, Owner shall remit the additional tax under Tax Code § 42.42.
5. If the final determination of the appeal decreases Owner's tax liability, the City
will refund the Owner the difference between the amount of tax paid and the
amount of tax for which Owner is liable under Tax Code § 42.43.
IX. ADMINISTRATION
A. Inspections. The Owner shall allow employees and/or representatives of the City to
have access to the Property during the term of this Agreement to inspect the Facility to
determine compliance with the terms and conditions of this Agreement. All inspections
will be made only after the giving of twenty-four (24) hours prior notice, and conducted
in the manner as to not unreasonably interfere with the construction or operation of the
Facility. All inspections must be made with one or more representatives of the Owner
and under Owner's safety standards.
B. Appraisals.
1. The Chief Appraiser of the Nueces County Appraisal District annually
determines:
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Christi.doc ~ 0
(a) The taxable value of the real and personal property comprising the
Property taking into consideration the Abatement provided by this
Agreement.
(b) The full taxable value without Abatement of the real and personal
property comprising the Property.
2. The Chief Appraiser records both the abated taxable value and the full taxable
value in the appraisal records.
3. The full taxable value figure listed in the appraisal records is 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.
4. Each year the Owner shall furnish the Chief Appraiser with the information
outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for
the administration of the Agreement specified in this Agreement.
C. Annual Reports.
1. Owner shall certify to the governing body of the City on or before April 1 each
year that the Owner is in compliance with each applicable term of this
Agreement.
2. 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 I attached to this Agreement in order to document the efforts of the
Owner to acquire goods and services on a local basis.
3. The annual report is prepared on a calendar year basis and is submitted to
the City no later than ninety (90) days following the end of each the calendar
year.
4. The annual report is accompanied by an audit letter prepared by an
independent accounting firm which has reviewed the report.
5. The copies of the four prior quarterly IRS 941 returns must be provided to
verify employment
D. "Buy Local" Provision.
1. The Owner shall give preference and priority to local manufacturers,
suppliers, contractors, and labor, except where not reasonably possible to do so
without added expense, substantial inconvenience, or sacrifice in operating
efficiency.
2. In the case of an exception involving a purchase over $10,000.00, the
justification for the purchase must be included in the annual report.
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Christi.doc 11
3. The Owner further acknowledges that it is a legal and moral obligation of
persons receiving property tax abatements to favor local manufacturers,
suppliers, contractors, and labor, all other factors being equal.
4. For the purposes of this provision, the term "local" as used to describe
manufacturers, suppliers, contractors, and labor includes firms, businesses, and
persons who reside in or maintain an office in either Nueces County or San
Patricio County.
5. In the event of a breach of the buy local provision, the percentage of
abatement is proportionately reduced - to the amount the disqualified contract
bears to the total construction cost for the project.
X. ASSIGNMENT
A. The Owner may assign this Agreement to any one or more corporation(s), 50% or
more of the outstanding voting securities of which are owned, directly or indirectly, by
one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or
a subsidiary of an Owner, is a general partner.
B. The Owner may assign this Agreement to any other new owner or lessee of the
Facility with the prior written consent of the City, which consent may not be
unreasonably withheld.
C. Any assignment must provide that the assignee shall irrevocably and unconditionally
assume all the duties and obligations of the assignor and become the Owner upon the
same terms and conditions as set out in this Agreement.
D. In the event more than one entity is Owner under this Agreement, the obligations of
the entities is joint and several.
E. Any assignment of this Agreement is to an entity that must provide substantially the
same improvements to the Property, except to the extent the improvements have been
completed.
F. No assignment is approved if the Owner or any assignee is indebted to the City for
ad valorem taxes or other obligations.
XI. NOTICES
A. Any notice required to be given under the provisions of this Agreement must be in
writing and are duly served when deposited, with the proper postage prepaid, and
registered or certified, return receipt requested, with the United States Postal Service,
addressed to the City or Owner at the addresses listed below.
B. If mailed, any notice or communication is deemed to be received three days after the
date of deposit in the United States Mail. Unless otherwise provided in this Agreement,
all notices is delivered to the following addresses:
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Christi.doc ~ 2
To the City: CITY OF CORPUS CHRISTI
1201 Leopard Street
P. 0. Box 9277
Corpus Christi, Texas 78469
Attn: City Manager
To the Owner: LON C. HILL, L.P.
3355 West Alabama, Suite 500
Houston, TX 77098
Attn: Vice President for Project Development
C. Either party may designate a different address by giving the other party ten days"
written notice.
This Agreement has been executed by the parties in multiple originals or counterparts,
each having full force and effect.
Executed this ~~day of l~ ~ , 2008.
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
i
By: By: s
Armando Chapa n el R. Escobar
City Secretary Interim City Manager
APPROVED AS TO FORM:
By:
R. Ja Re Wing
First Assistant City Attorney
For City Attorney
OWNER: LON C. HILL, L.P.
By: NuCoastal Power Group GP, LLC
Its General Partner
By. ,7~
~~ Roy J. art
V1` President
NuCoastal Power Group GP, LLC
Attorney-in-Fact
For Lon C. Hill, L.P.
oa
ar coulrclt.
Lon C. Hill -Taxes -Property - Abatement Agreementy -City of Corpus Chdsti.doc 13
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF ~' is §
This instrument was acknowledged before me on ~n J~tM. be,2-- 3 , 2008,
by Roy J. Hart, President, NuCoastal Power Group GP, LLC, a Texas limited liability
company, General Partner, Lon C. Hill, L.P., a Texas limited partnership, as Attorney-in-
Fact, on behalf of the partnership.
).tiP~Y PUB O/y%'y
Z A .
OTARY PUBLIC, State of Texas
,n~9 ~ -Fe
Lon C. Hill -Taxes -Property - Abatement Agreementy -City of Corpus Chdsti.doc 14
SCHEDULE 1
"Buy Local" Annual Reports
The following information is reported to the City on a calendar-year basis during the first
four years of the tax abatement program:
1. Dollar amount spent for materials* (local).
2. Dollar amount spent for materials (total).
3. Dollar amount spent for labor** (local).
4. Dollar amount spent for labor** (total).
5. Number of jobs created in the construction project (local).
6. Number of jobs created in the construction project (total).
7. Number of jobs created on a permanent basis (local).
8. Number of jobs created on a permanent basis (total).
* "Materials" are defined to include all materials used in excavation, site improvement,
demolition, concrete, structural steel, fire proofing, piping, electrical, instruments,
paintings and scaffolding, insulation, temporary construction facilities, supplies,
equipment rental in construction, small tools and consumables. This term does not
include major items of machinery and equipment not readily-available locally.
** "Labor" is defined to include all labor in connection with the excavation, site
improvement, demolition, concrete construction, structural steel, fire proofing,
equipment placement, piping, electrical, instruments, painting and scaffolding,
insulation, construction services, craft benefits, payroll burdens, and related labor
expenses. This term does not include engineering services in connection with the
project design.
The term "local" as used to describe manufacturers, suppliers, contractors and labor
shall include firms, businesses, and persons who reside in or maintain an office in either
Nueces County or San Patricio County.
Lon C. Hill -Taxes -Property -Abatement Agreementy -City of Corpus Christi.doc 15
EXHIBIT A
NUCOASTAL POWER
REQUEST FOR ABATEMENT
LON C. HILL REPOWERING PROJECT
Lon C. Hill , LLC is proposing to design, construct, stamp end operate the tepowered Lon C. Hill power station.
The engineering / construction phase of the project is scheduled to cormnmce in the late third goeAer of 2008.
The power plant is currently owned by Lon C. Hill, LP, a wholly held subsidiary of NuCoaetal Power Corporetioa
E:\iu Abtlemmt foam Ir.doe
The Lon C. Hill repoweriug protect will utilize several existing components (the main
components to be caused will be the steam turbine and one cooling tower) and add a highly
efficient and environmentally benign oombusdon turbine Bring natural gas that will food hot gas
to an unfirod boiler (Heat Recovery Steam Gwerator or `HRSG').
The facility will generate about 300 megawatts of power, which is about enough to provide
power for the entire city of Corpus Christi. This plant will export its power into the Electric
Reliability Council of Texas (ERGOT) grid thereby helping to ease the forecasted ins in
demand of electric generation in the region .
This project will help alleviate anticipated power shortages in the region and will provide
significant investment of capital during the construction and long-tercet operating periods of the
facility.
The repowered plant will utilize existing components of the facility when economically feasible.
A new energy efficient combustion turbine and Heat Recovery Steam Generator will be added to
the existing components of the plant, as noted in the diagram below.
t) I c)
tiieam iurbiue-Ucueretur
(.ins Iurbiuc•Ciaucrawr
Ncw
HKS<i
115i1)i. ti)1-;\M
I ('hUt;vt c,LStkAIUH
liL 1S1111' (iA
I( KBINL (~[NPKAI1iN
The period a engineer and constnrction this facility will be about 15 months from start W finish. There will be
about 300 construction persomel at the peak of construction and more than fifty engineers will be employed during
the design phase of the project
@\Tu Aatlemem tam lidos
Strong local content will be included in this undertaking. JV Industrial Companies of Corpus Christi will be
providing both engineering and construction services. Bay Limited will provide vansportation for large components
and pipe prefabrication. Bradley Motors will rebuild all existing motors for the facility.
During the steady state operation of the facility, about 22 long-term positions will be created. These positions will
require skilled labor to fill them and will be well-paying jobs. NuCoastal Power will spend about $125 Million on
this project, including building, materials, equipment (both new and repair of existing), engineering, construction
and financing.
The new facility, upon the completion of construction, will look like this:
E:\Tax Abatement farm la.dw
CDS/MuF.~ Sr~vicr-.s
E ngineertng ~ Survey{ng
AEP TEZ01S CENTRAL COHIs2tiY
(F/6/A CENTRAL POWER AND LZGAT C@lFANSI
LOH C. HILL ,PONRR PLAM! SITS
NDECES COONTY, TEEAB
49.562 ACRE SOOSH)AA1! SOAVEY
8>Di~IT A 1
BEING a 49.562 acre tract of land. lying in tlfe Gregorio Farlas Survey,
abstract no. 592, Nuecea County, Texas, name being a portion of the Lcn
C. Hill Subdivision Oait 1 as recorded in volume 34, page 103, Map
Records of Nueces County, Texas, all of a 0.4629 of as acre tract of land
as described in volume 1364, page ?17, Deed Records of Nueces County,
Texas and a portion of a 37.85 acre tract of land as described in volume
5T7, page 396, Deed Records of Nuecss County; Texan, oleo being described
by a drawing (101149 10-LON HILL ONIT 1A.DNG 4 ONIT iB.DNG, dated October
2, 2003) attached hereto as Exbibit A-2 and made a Qart hereof and being
more partiwlarly described as follows:
COMMEN:CIMG at a 4"X 4" concrete monument found marking the south corner
of the aforementioned Lon C. Hill Subdivision Unit L, same lyiaq ac the
intersection of the southwest line of the aforementioned 37.85 acts tract
and the northwest right-of-way line of F. M. Highway 1699 (Ca lli coatte
Road) (80.00 foot wide tight-of-way at this point) as described ir. volume
659, page 193, Deed Records of Nuecea County, Texas;
T88NCH leaving the said soutbwest line of the aforementioned 37.55 acre•
tract, along a southeast line of tAe aforementioned Lon C. Hill
Subdivision Onit 1 and the said northwest .right-of-way line of the
aforementioned F. M. Highway 1694, N35°48'38"E a distance of 1263.:2 feet
(R®cotd - N36°45'00"E) to a 1/2" ixon rod set witA plastic cap stamped
"CDS/MOERY S.A. TX.":
TBEHCE leaving the said southeast line of the aforementioned Lon C. Hill
Subdivision Unit 1 and the said nosthwest right-of-way line of the
aforementioned F. M. Highway Sfi94, 554.00'00"E 8 distance of 59.00 feet
Co a.point ib a southeast line of ehe aforementioned 37.83 acre tract for
the PIJICE OF BEGIIIDID70 and Acing the most easterly south corner of the
herein described 49.562 acre tract;
THENCE leaving tAe said southeast line of the aforementioned 37.85 acre
tract, N54°00'00`W a distance a[ 1002.15 feet to a 1/2° iron rod net with
plastic cap stamped °CDS/MOERY S.A. T%." for an interior corner of the
herein described 99.562 acre tract:
THENCB 536°00.00"W a distance of 145.S0feet to a 1/2° iron rod s?: with
plastic cap stamped ^CDS/HDERY S.A. TX.^ for the most westerly south
corner of the herein described 49.562'acre traeti
Page 1 OF 4
1834.fsad
October 2., 2009
31115fagie Dare,Sw Antasuo. Teas :B?°9 TeL•310.581-till Fait 2i0.58L5555
ALP TLYAS CBNTRAL CODlPABY
(F/A/A ^~'''p1i. Mni$R AND LI984 C02dpANY)
LOIi C. SILL pOwBR. PLa2PC SSTS
ROBCES CODNTYr TEZ71S
49.6fi2 ACRE: SOUIIDARY SORVL!
THBBCL N54.00'00"N a distance of 771.90 feet to a 1/2" iron rod set with
plastic cap stamped "CDS/HUBBY S.A. TX.• in the west. line 'of the
aforementioned Lon C. Bill 3ubdivieion Unit 1 and Che east right-of-way
lint of the Union Pacific Aailmad (100 foot wide right-of-wny) fos as
angle corner of the herein described 49.562 acre tract;
THBhC6 along the said west line of the aforementioned Lon C. Ei.ll
Subdivision Uait 1 and the said east right-of-way line of the
aforementioned Union Pacific Railroad, H01.23'00'E a distance of 780.99
feet (R.ecord - N02.20'30•E) to a 1/2" imn rod set with plastic cap
stamped •CG!S/HUBBY S.A. TY." is the southwest right-of-way lice of Seam
Road (varying width sight-of-way aC this point) for the northwest corner
of the herein described 49.562 acre tract, same being the southwest
rnrner of a 0.0166 of an acre tract of land as described is volume 944,
page a58, Deed Records of Nuecea County, Texasr
TSffiiCE along the said southwest right-of-way line of the aforementioned
Hearn Road and the southwest line of the aforemeotioned 0.0166 of as acre
tract, an arc distance of Sl2.aa feet along a curve to the right having
a~radius of 370.00 feet, a central angle of 17.2a'a4" and a chord which
bearsS62.42']a"E'a distance of 112.01 feet, to a 1-1/4° inoII pipe found
mark±ng the east corner of the said O.o166 oZ en acre tract sad a point
of tangencyi
TEBDiC8 along the said eouthweat'and the southeast right-oP-way lines of
the aforementioned Beam Road (6D.DO foot wide right-of-way), a northeast
and the northwest lines of the aforementioned Lon C. Rill Subdivision
Unit 1, and the northwest line of Che aforementioned 0.4629 of an acre
track Che following five (5) courses:
S54.00~12•S a distance of 302.91 feet (Record - 553.00'00"E) to a
3-i/4• iron pipe found for a point of curvatures
as arc distance of 212.90 feet along a curve to the left having a
radius of 189.07 feet, a central angle of 6¢•31'00" and a chord
which bears 986.15'42`6 a distance of 201.83 feet, to a 1/2" iron
rod set with plastic cap etartped •CDS/MUERY S.A. T)C.' for a point
of tangency
N61.2B'48"E a distance of 561.20 feet (Record - N62.26'00•E) to a
1/2• iron sod set with plastic cap stamped "CDB/MUERY $.A. TX." for
a point of curvature;
Pnge 2 6F 4
y83l.fad
ectoher 2, 2DD3
3411Mo~Dm~e,Saanornnia,Tens78229 TeL•ztas8~-)1)i Fa:3(o-sei•5355
AEF TL'EAS cnvTRAl, COI~AtiZ
(P/lc/1- C'ENTAlIL POWER >]~ LIGHT C014FAHY)
LoN c. alLr. nowaR FLaRS else
rmaCES CDONTS, zE>as
49.562 ACRB• 8O@iOARS SOAVEr
an arc,distance of 178.92 feat along a curve to the left having a
radius of 411.97 feet, a central angle of 24°S3.00" and a chord
which beats N49°02'18^E a distance of 177.51 feet, to a 1/2^ Iron
rod set with plastic cap stamped "CDS/MOEAY 9.A. TX.^ for a point
of tangency;
N36°35'96"E a distance of 721.59 teat (Record - N37°33'00"E 656.62'
e N37°29'20"E 65.0') to a 7/8" bolt Pound in the southwest line of
a 7.063 acre tract of land as described in volume 2182, page 716,
Deed Accords of Nueces County, Texan for the north corner of the
aforementioned 0.4629 of as acre tract and the north corner of the
herein described 99.562 acre tract;
TBFtiCE leaving the said southeast right-of-way line of the aforementioned
Hearn Road, along the northeast line of the aforementioned 0.4629 of ah
acre tract and the said southwest line of the aforementioned 7.063 acre
tract, S53°59'37^E a distance of 310.35 feat (Record - 553°00'50"E
310.23'1 to a 7/8° bolt found marking the east corner of thB said 0.1629
of an acre.tract and the south corner of the said 7.063 acre tract, same
lying in a northwest line of the aforementioned Lon C. Hill Subdivision
Onit l;
?1ffiNCE leaving the latter said northwest line of the aforementioned Lon
C. Hill Subdivision Onit 1, S53°59'37"e a distance of 316.98 feet to a
1/2° icon rod set with plastlc cap stamped "C'DS/MDEAY S.A. TX." for the
most northerly east corner of the herein described 49.562 acre tract;
T~ S36°00'00"W s distance of 1631.96 feet to a 1/2° iron rod set with
plastic cap stamped ^COS/MDERY S.A. TX." for aO interior corner of the
herein described x9.562 acre tract;
TRENCE S59°00'00"E, passing a 1/2" iron rod set with plastic cap stamped
^CDS/19OEAY S.A. T%.^ in the said southeast line of the aforementioned Lon
C. Hill Subdivision Onlt 1 and the 'said northwest right-of-way line of
the aforementioned e. M. Highway 1694 at a .distance of 656.52 feet, a•
total distance of 715.52 feet to a point in the said southeast line of
the aforementioned 37.85 sere tract for the most southerly east corner
of the herein described 49.562 acre tract;
Fags 3 OP 4
1~31,fnd •~
October 2, 2003
3411 L9a~jc IJxi°q San Aamoio, Tesas 78?29 Td: 210581-1.111 Fez 210581-5555
ABP TE8)1$ CP.NSRAI. COI4PAN!
(P/1C/A CENTRAL POWER AND LIGet COIiPAP7[)
TAN C. BILL POKER PLANT SISE
14DECE3 COONTZ, 1'li>flL5
49.562 ACAS EODlRJARi SORVBI
TAENCS along the said southeast line of the aforementioned 3'i.85 acre
tract, S35°93-'33"W a distance of 390.56 feet (Record - 536°23'ti TxDOT)
to the PLt\CE oS 8EGINIQING aad containing 49.562 acres of land of which
0.529 oP an acre lies within the limits of the aforementioned F, d.
Highway 1699.
The bearing basis fok this survey is Grid North, Texas State Plaae
Coordinate System, South Zoae, NAD 2993.
rEE srAxs of TesAS x
X RNORN TO ALL Id@i HS TdB3E PRPi912iT3:
CouNTS of EExAR x
I, John T. Kubala, a Registered Professional Land Surveyor, do hereby
certify that the above field notes were prepared using information
obtained by an on the ground survey made under my direction and
supervision in January thru November, 2002 and July, 2003.
Date Z ~' day of l~tar 2003, A.D.
iY//l ~~
S_ K dl`s--
egistered Professional Land Surveyor
No. 9505 -State of Texas
Page 4 OF 4
1534.lnd
Oelobar 2, 2003
3411 Magic Davq San Aneonio, Toss 781' 9 '1'd• 270•SBf •111 t Faa 210-581-SSiS
CDS/M~r~ S~vrcEs
Engineering ~ Surveying
ASP T87CAg CENrR71L COMPANY
(P/L/A/ CENTRiL POWER ANO LI68S COMPANY)
LON C.. BISiL POWER PL11IiT SITS
NOSCBS COOBTY, TBSAS
96.942 ACRE HOIINDARY SIIRVEY
RZS'IBIT A-3
BSZNO a 36.941 acre tract of land lying in the Gregorio Farina Survey,
abstract no. 592, Nueces county, pexas, being all of the Lon. C. gill
Nuecesi Caunty~ Texas$ al~rof ~t ~volume~k, lp~e ~~ Ha8 cords o£
Subdivision as recorded in volume 17, page 45, Map'Records pAddition
County, Texas, and all of Lot 1 of the gearn Addition Nueces
as recorded in vol•.,me 28, page 97, Map Records of NueeeAe Count~iTiaion
also being descxibed by a drawing (101144 10-LON glpt, UNIT 2 nut dated
October 2, 2003) attached hereto 8s Exhibit A-a and made a part hereof
and being more particularly described ae follows:
88(^R7NIS0? at a 1-i/4" iron pipe found in the,easi right-of-way line of
the Union Pacific Railxnad (100 foot wide right-of-way) for the nor,.h
corner of the aforementioned Lon C. Hi1T Subdivision Unit ~, the west
corner of a 1.6 acre tract of land as described in volume 569, page 585,
need Records of Nueces County, Texas and the north corner of the herein
described 36.941 acre tract;
q'~1NNC8 leaving the said east right-of-way line of the aforementioned
Union Pacific Railroad, along the northeast line of the aforementioned
Lon C. gill Subdivision Unit 2, ehe northeast line of the aforementioned
Lot 2, the southwest line of the aforementioned l.s acre tract, a
southwest line of an 1x.87 acre tract of land as described in docume=.t
of9a01~288acreftract ofcland as described is v l,+.wa~546 a 6outhwest line
Records of Nueces County, Texas, and a southwest line of a 30e 370, Deed
of lan3 as described in volume 371, page 325, Deed Records of N~uece~
C°untY• Texas, 553.5905"E, passing a 3/4^ iron pipe found marking the
west corner of the said 30 acre tract and the south corner of the said
1.28 acre tract at a diatadce of 1012.09 feet, n total distance of
1250.37 feet (Record.- S53.00'00^R 1192,25 & S52.59~R 90.00 0 to a 1/2"
iron rod net with plastic cap stamped `CDS/MUERY S.A, TR,• for the east
corner of the said Lot 2 and the north corner of Lot 1, Block 1 of the
aforementioned Hearn Addition Subdivision, same being the most northerly
oast corner of the herein described 36.941 acre tract; -
Page 1 OP 4
1Q32.End
October 2•
AEP TErAS CENTRAL 'SANS
(P/E:/A/ CENTA7IL POW1Sit AND LIFT C4'Q•'ANYj
LON G. HILL POWER PLANT SITE
NUECES CODR713, T87CAS
36.941 ACRE 800DIDARY SOR{IES
THENCE along the common line of the aforementioned Lots 1 and 2 of Block
1 of the aforementioned Hears Addition Subdivision, 536°05'S5•W a
distance of 153.95 feet (Record - S37.31'N 153.98') so a 1/2" iron rod
set wich plastic cap stamped ^CDS/HOERY S.A. TX.^ in the north line of
Bickham Road for the south comer of the said Loc 2, the west corner of
the said Lot 1 and the south corner of the herein described 36.941 acre
tract;
THffidCE along the southwest line of the aforementioned Lat 2 and the said
north line of the aforementioned Bickham Road, N53°59'05"W a distance of
90.00 feet (Record - NS2°59'w) to a 3/4" iron pipe found in a southeast
line of the aforementioned Lon C. Hill Subdivision Unit 2 for the west
anrinteriorh orna oftthe Aereia described 36.941 sera trackt~ Road and
THENCE along the said southeast line of the afor®entioaed Lon C. Hill
Subdivision Unit 2 and the northwest line of the aforementioned Bickhan
Road, 536°05'55"W a distance of 50,00 feat (Record - 537°31'00"W) to a•
1/2^ iron rod set with plastic cap stamped "COS/MOERY S.A.. TX.° for an
interior corner of the said Lon C. Hill 6ubdiviaion Unit 2, the west
corner of the said 8ickham Road and an interior corner of the heteir.
described 36.94.1 acre tract;
THENCE along the north line of•the aforementioned Lon C, Hill Subdivision
Unit 2 and the south 11ne of the aforementioned Bickham Road fie'
following three (3) courses:
553°52'19^E a distance of 115.99 feet (Record - S53°00'00"E 116,90')
to a 1/2" iron rod set with plastic cap stamped °CDS/MDERY S.A. TX."
for an interior angle•carner of the herein described 36.991 acre
tract;
N01°21'37°E a distance of 218.B0feet (Record - H82.16'00'E 218,70')
to a 1/2" iron rod set vith plastic cap stamped "CDs/HUERY S.A, TX."
for an angle corner of the herein described 36.941 acre tract?
553°54'05"8 a distance of 79,71 feet (Record - 553°00'00"E 80.30')
to a 1/2" iron'rod set with plastic cap stamped ^CDS/HOERY S.A. TX."
in the northvest .right-of-way line of Hearn Road (60 foot wade
aforementioned Lon C.tHiil subdivision Unit 2 and the most so therly
east corner of the herein described 3
6.941 acre ttect;
THENCE along a southeast Sine and the southwest line of the
aforementioned Lon C. Hill Subdivision Onit 2 and the northwest and
northeast right-of-way lines of the aforementioned Beare Road, the
following five (5) courses:
Page 2 0£ 4
1832.£nd
A$P remas catrriws, car~ANs
(p/rt/a/ cENrAAr. row>,>:R arm L26RT caq~Am)
raR c. xrLL POWER PLANT ssrs
-mECES coDrrrr, a's~als
36.945 aR7lC 8O0lIDARY SV6VEY
536°35'48"W a distance of 6D5.90 feet (Record - s37°33'00^W 606.60')
to a 1/2• iron rod sat xith plastic cap stamped ^CDS/RUERY S.A. TX_°
for a point of curvature;
an arc distance of 152.86 feet along a curve to the right having a
radius of 351.97 feet, a central angle of 24°53'00", and a chord
which boars 349°02'18°W a distance of 151.66 'feet, to a 1/2" iron
rod sat with plastic cap stamped "CDS/HUERi' S.A. TX." for a point
of tangency;
S6]°28.98^W a distance of 561.20 Feet (Record - 362°26'00°W) to a
1/2" iron rod seC with plastic cap stamped ^CDS/HUERY S. A, TIC," for
a point of curvature;
an arc distance of 145.34 feet along a curve to the righe having a
radius of 129.07 feet, a central angle of 69"31'OD", and a chord
which bears N86°15'42"W a distance of 137,78 feet, to a 1/2" iron
rod set with plastic cap stamped "cDS/NDEAY S.A. TIC, ^' fox a point
of tangency;
to4a05/8""iron rod found markingfthe south estNangle,cornet9of the
aforementioned Lon C. Hill Subdivision Unit 2 and the south corner
of the aforementioned Lot I of the Hearn Addition Annex Subdivision;
T8>'rTCT along the southwest line of the aforementioned Lot 1 of the Hearn
Addition Annex Subdivision and the said northeast right-of-way Line of
the aforementioned Hearn Road the folloxing two (2) caurseB:
N54°00'12"W a distance of 114.94 feet (Record - N53°03'30"W 114.24')
to a 1/2" iron rod set with plastic cap stamped ^COS/rR1ERY S.A. TX. ^'
for an angle point;
N33°11'28"W a distance of 78.30 feet (Record - N32°29'30"W 77.93')
to a S/B" iron rod found in the said east right-of-way line'of the
aforementioned Dnien Pacific Railroad for an angle corner of the
aforementioned Lnt 1 of the Renrn Addition Annex Subdivision and an
eagle corner of the herein described 36.991 acre tract;
T88NCE along the west line of the aforementioned Lot 1 of the Reazn
Addition Annex Subdivision and the said east right-of-way line of the
aforementioned Union Pacific Railroad, NO1°23'00"E a distance of 199.89
feet (Record - N02°20'f 200,0') to a 3/4^ pipe feund marking the west
corner of the said Lot 1 of the Rearn Addition Annex subdivision and the
southwest corner of the aforementioned Lon C. Hill subdivision Unit 2;
Pago 3 OY 4
1832.fnd
October 2,~
AEP "-`6tA3 CENTRAL COL9f.+ANy
(F/K/A/ CENTRAL PONSR ]1!ID LIGS'1 CQMPAttZ)
I.pTf C• I;rtr. POWER PLANT SITE
NC7LCES GOONTT, TE7CA.S ~ .
3fi.941 ACRE BD@a%IAR= SDRi18X
THBNC$ along the west line of the aforementioned Lon C. Still Subdivision
Dnit 2 and the said east tight-of-way lice of the aforementioned Dnion
Pacific Railroad, the following three (3) courses:
NO1°23'00"E a distance of 149.19 feet (Aetord - N02°20'30 `E 152.39'}
to a 1/2" iron rod set with plastic cap stamped °CDS/MOERy S,A. TX."
for a point of curvature;
as arc distance of 933.09 Eeet along a curve to the right having a
radius of 2815.00 feet, a central angle of 19°DO'00" and a chord
which bears N10°53'OD"E a distance of 929.22 feet, to a 1/2^ iron
rod set with plastic cap stamped `CDS/MDERY S.A, S7C." for a point
of tangency;
N20°23'00^E a distance of 238.86 feet (Record - N21°20'30^E 235.76')
to the PLACB oF.BSGINNZNG and containing 36.991 acres of land.
The beazing basis for tbis survey is Grid North, Texas state •Plane
Coordinate system, South Zone, NAD 1983.
T8E ST>+TE OF TL7W5 $ •
(:OCRi1'Z OF nE]O1R % ~~ TD.ALL tffti BY TBESS PR89ffiiTB:
I, John T. Kabala, a Registered Professional. Sand surveyor, do hereby
certify that the above field notes were pzepared using information
obtained by an on the giound survey made under my direction and.
supervision in January thru November, 2002 and July, 2003.
Date 2~ day of_a-~f~ 2003, A. D.
/ _1
~eynn T. Cd
gistered Professional Land Surveyor
No. 9505 - State of Texan
Page 4 OF 9
1832.fnd
EXHIBIT B
TAX ABATEMENT AGREEMENT -- Lon C Hill 10132008_1 ~ ]
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_---__,__ _-_ CERIFRIME ORgN PACIFIC RIlIROAp 100' R.O.W. -_-_________ _
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