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15 - Tax Abatement Agreement for Ametsa Packaging
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15 - Tax Abatement Agreement for Ametsa Packaging
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taxes which otherwise would have been paid to the City without the benefit of abatement, <br />together with interest to be charged at the statutory rate for delinquent taxes a determined <br />by Section 33.01 of the Tax Code of the State of Texas, with all penalties permitted by the <br />Property Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall <br />be recaptured and will become a debt to the City and shall be due, owning, and paid by Owner <br />to the City within sixty (60) days of the expiration of the above-mentioned applicable cure <br />period as the sole remedy of the City, subject to any and all lawful offsets, settlements, <br />deductions, or credits to which Owner may be entitled. <br />VI. <br />Tax Abatement <br />6.1 Subject to the terms and conditions of this Agreement, and subject to the rights <br />and holders of any outstanding bonds of the City, a portion of ad valorem taxes from the <br />Property otherwise owed to the City shall be abated. Said abatement shall be an amount <br />equal to the following percentages of the maintenance and operation (M&0) portion of the <br />taxes assessed upon the increased value of the Property attributed to the Equipment <br />described in Section III of this Agreement and specified in Exhibit 3 hereto, over the value <br />in the year which this Agreement is executed (the "Base Value"), in accordance with the <br />terms of this Agreement and all applicable state and local regulations or valid waivers <br />thereof, provided that the Owner shall have the right to protest or contest any assessment of <br />the Property and said abatement shall be applied to the amount of taxes finally determined <br />to be due as a result of any such protest or contest: <br />Year 1 <br />100% <br />Year 2 <br />100% <br />Year 3 <br />75% <br />Year 4 <br />75% <br />Year 5 <br />50% <br />Year 6 <br />50% <br />Year 7 <br />25% <br />For the purposes of this Agreement, the Base Value of the existing real property shall be <br />deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as <br />of January 1, 2023. Owner understands and agrees that pursuant to Texas Tax Code Sec. <br />312.204, no taxes will be abated under this agreement for any BPP located on the <br />Property prior to the effective date of this Agreement, nor will the abatement apply to <br />any BPP acquired and installed after the issuance of the City has issued its Certificate <br />of Completion <br />6.2 The abatement granted herein shall be subject to and governed by the Criteria <br />and Guidelines for Tax Abatement, a copy of which is attached hereto as Exh' ' 4 and <br />incorporated herein by reference, save and except that, in the event of a conflict between the <br />requirements of Exhibit 4 and this Agreement, this Agreement shall control. <br />4 <br />
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