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02-10-2025
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V. <br />Terms Specific to the Residential Tax Abatement Agreement as to the Newly Acquired <br />Properties—Texas Tax Code Chapter 312 <br />A. Term <br />5.1 The term of this Tax Abatement Agreement shall commence on February 10, 2025. It <br />is the intention of this Tax Abatement Agreement that Owner receive an abatement of taxes on <br />each Structure constructed as it is completed and issued a Certificate of Completion by City. <br />Consequently, each Structure constructed and completed shall have its own five (5) year abatement <br />period. The abatement period for each constructed and completed dwelling unit shall commence <br />on January 1 of the year following City's issuance of a Certificate of Completion on said dwelling <br />unit and end on the fifth (5') anniversary of the commencement of the abatement period. This Tax <br />Abatement Agreement shall terminate upon the expiration of the final abatement period granted <br />herein unless otherwise terminated by default or agreement of the Parties. <br />B. Abatement <br />5.2 Subject to the terms and conditions of this Economic Development Agreement and <br />Tax Abatement Agreement, in further consideration for the construction and completion of the <br />Improvements required herein and subject to the rights and holders of any outstanding bonds of <br />the City, a portion of the maintenance and operations (M & O) ad valorem property taxes assessed <br />upon each Improvement and otherwise owed to the City shall be abated for a period of five (5) <br />years in an amount equal to 100% per year of the taxes assessed upon the increased value of the <br />Improvements made by Owner to the Properties described in Section 3.1 of this Agreement, over <br />the value in the year by which this agreement is executed (the "Base Value"), in accordance with <br />the terms of this Agreement and all applicable state and local regulations or valid waivers thereof; <br />provided that the Owner shall have the right to protest or contest any assessment of the Properties <br />and said abatement shall be applied to the amount of taxes finally determined to be due as a result <br />of any such protest or contest. For the purposes of this Agreement, the Base Value of the existing <br />real property shall be deemed to be the value as shown on the tax rolls of the Lamar County <br />Appraisal District as of January 1, 2023. <br />5.4 This abatement is granted in accordance with the City's Guidelines and Criteria for <br />the Program, a copy of which is attached hereto as Exhibit 2, provided, however, that in the event <br />of any conflict between this Agreement Exhibit 2, this Agreement shall control. <br />5.5 Upon receipt of the documentation set forth in Article III and in Section 6.6 herein <br />as to each constructed and completed Structure, City will notify the Lamar County Appraisal <br />District to begin the tax abatement as to said Structure. <br />C. Default <br />5.6 If (a) the Improvements (all seven residential Structures) for which an abatement <br />has been granted are not completed in accordance with this Agreement (by February 9, 2030); or <br />(b) Owner allows its taxes owed the City to become delinquent and fails to timely and properly <br />5 <br />
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