09-JS Baking LLC Tax Abatement Amendment

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THE STATE OF TEXAS 'COUNTY OF LAMAR ADDENDUM TO TAX ABATEMENT AGREEMENT This Addendum ( "the ADDENDUM ") to a tax abatement agreement ( "the AGREEMENT ") dated April 22, 2013 is entered into by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY "), and JS BAKING, LLC, a Texas limited liability company (erroneously identified in the original agreement as THE JAMES SKINNER CO., a Nebraska corporation), acting by and through its authorized officer whose signature appears below (hereinafter referred to as "OWNER "). WITNESSETH: WHEREAS, heretofore, on April 22, 2013, the City and Owner entered into the Tax Abatement Agreement attached hereto as Exhibit 1 and incorporated by reference as if fully set forth herein; and WHEREAS, the term of said AGREEMENT expires on December 31, 2023; and WHEREAS, said AGREEMENT relates to PROPERTY owned by OWNER within the City of Paris, which PROPERTY is located within an Enterprise Zone as set forth in the AGREEMENT; WHEREAS, the Texas Local Government Code Sec. 312.208 and tax abatement guidelines in effect in 2013 and on the date of the execution of this ADDENDUM (a copy of which tax abatement guidelines effective January 11, 2016 are attached hereto as Exhibit 2 and incorporated herein by reference) allow for modifications of a tax abatement agreement during the term of said agreement; and WHEREAS, due to unanticipated set -backs at Owner's plant in Paris, Lamar County, Texas ( "the Property "), Owner has requested certain modifications to the Agreement relating to the number of employees Owner is required to maintain at the Property during the agreement and total dollar amount of capital improvements Owner is required to make to the Property; and WHEREAS, the City has agreed to said modifications of the Agreement because said modifications are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the CITY's policy on tax abatements and the ordinance creating such Enterprise Zone adopted by the CITY and all applicable laws; NOW, THEREFORE, The Parties hereto do mutually contract and agree to modify the Agreement as follows: