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HomeMy WebLinkAbout02.22.2017 - Economic Development Performance Agreement - Holt Texas, Ltd.STATE OF TEXAS § § ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT COUNTY OF WILLIAMSON § This Economic Development Performance Agreement ("Agreement") is made by and between the Georgetown Economic Development Corporation, a Type A sales tax corporation ("GEDCO"), and Holt Texas, Ltd., a Texas limited partnership ("Company") (GEDCO and Company each a "Party" and collectively the "Parties"), acting by and through their respective authorized representatives. WITNESSETH: WHEREAS, Company is an authorized Caterpillar® heavy equipment and engine dealer for 118 counties in South, Central, North and East Texas and sells, services and rents Cat heavy equipment, trucks and trailers, engines and generators for construction, earthmoving, mining, industrial, petroleum and agriculture; and WHEREAS, Company owns or is under contract to purchase approximately 75 acres of land located at 2101 Airport Road, Georgetown, Texas, described in Exhibit "A" (the "Land"), and intends to construct a minimum of 60,000 square feet of commercial development on the Land for the retail sale of heavy equipment (the "Improvements") (collectively the "Land" and "Improvements" referred to as the "Premises"); and WHEREAS, Company intends to invest approximately Twenty Million Dollars ($20,000,000.00) in land, infrastructure, real property improvements, and business personal property at the Premises; and WHEREAS, Company has advised GEDCO that a contributing factor that would induce Company to purchase the Land and construct the Improvements would be an agreement by GEDCO to provide an economic development grant to Company to offset the costs for Infrastructure (hereinafter defined) necessary the Project; and WHEREAS, GEDCO has adopted programs for promoting economic development; and WHEREAS, the Development Corporation Act, Chapter 501-505 of the Texas Local Government Code (the "Act") authorizes the GEDCO to provide economic development grants for the creation and retention of primary jobs that are required for the development of manufacturing and industrial facilities and for infrastructure suitable for new or expanded industrial business enterprises; and WHEREAS, GEDCO has determined that the Grant (hereinafter defined) to be made hereunder is required or suitable to promote corporate relocation or develop new or expanded business enterprises and constitutes a "project", as that term is defined in the Act; and Page 1 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) WHEREAS, GEDCO has determined that making an economic development grant to the Company in accordance with this Agreement will further the objectives of the GEDCO, will benefit the City and the City's inhabitants and will promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Airport Road Expansion" shall mean the expansion of Airport Road adjacent to the Premises in accordance with plans approved by the City. "Bankruptcy or Insolvency" shall mean the dissolution or termination of Company's existence, insolvency, employment of receiver for any part of Company's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or insolvency laws by or against Company and such proceedings are not dismissed within ninety (90) days after the filing thereof. "Capital Investment" shall mean the total capitalized cost incurred and paid (including hard and soft costs) by Company for the acquisition of the Land, the construction of the Improvements and tangible personal property added to the Premises. "City" shall mean City of Georgetown, Texas. "Commencement Date" shall mean the date a certificate of occupancy is issued for the occupancy of the Improvements by the Company. "Commencement of Construction" shall mean that: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Improvements or the Infrastructure, as the case may be; (ii) all necessary permits for the construction of the Improvements or the Infrastructure, as the case may be, pursuant to the respective plans therefore have been issued by all the applicable governmental authorities; and (iii) clearing and/or grading of the Land and the construction of the vertical elements of the Improvements has commenced, or in the case of the Infrastructure, clearing and/or grading of the Land has commenced. "Company" shall mean Holt Texas, Ltd. a Texas limited partnership. Page 2 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) "Company Affiliate" means any entity related to the Company by direct or indirect common or overlapping majority ownership, where collectively the Company and Company Affiliate are a group of entities in which a single parent entity owns directly or indirectly a majority interest in each other entity that is part of the group. "Completion of Construction" shall mean that: (i) substantial completion of the Improvements or the Infrastructure, as the case may be, has occurred; and (ii) the City has issued a certificate of occupancy for occupancy of the Improvements by Company, or in the case of the Infrastructure, City has conducted the final inspection. "Effective Date" shall mean the last date of execution hereof. "Expiration Date" shall mean the date the Parties have satisfied their respective obligations herein. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a Party including, without limitation, acts of God or the public enemy, war terrorist act, or threat thereof, riot, civil commotion, insurrection, government action or inaction (unless caused by the intentionally wrongful acts or omissions of the Party), fires, earthquake, volcanic eruption, impact of meteor or extraterrestrial body, tidal or wave event such as a tsunami, meteorological event including but not limited to tornado, hurricane, explosions, floods, strikes, slowdowns or work stoppages, plague or other epidemiological event. "GEDCO" shall mean the Georgetown Economic Development Corporation. "Grant" shall mean an economic development grant in an amount equal to the actual costs paid and incurred by the Company for the design, construction and installation of the Infrastructure, not to exceed One Hundred Eighty -Five Thousand Dollars ($185,000.00), to be paid as set forth herein. "Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license, and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Company with respect to any property or any business owned by Company and/or Company Affiliate within City. "Improvements" shall mean a minimum of 60,000 square feet of buildings to be constructed on the Land, together with other ancillary facilities such as required parking and landscaping more fully described in the submittals filed with City, from time to time, in order to obtain a building permit(s). "Infrastructure" shall mean the onsite connection of the City sewer line following the Sewer Line Extension to the Premises. "Land" shall mean the real property described in Exhibit "A". Page 3 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) "Payment Request" shall mean a written request from Company to GEDCO for payment of the Grant accompanied by copies of invoices, bills, receipts and such other information, as may reasonably be requested by the GEDCO evidencing the costs incurred and paid by the Company for Infrastructure, and evidencing the Capital Investment. "Premises" shall collectively mean the Land and Improvements. "Related Agreement" shall mean any agreement (other than this Agreement) by and between the City and/or Georgetown Economic Development Corporation, and the Company and/or a Company Affiliate. "Required Use" shall mean the continuous use and operation of the Premises for the retail sale of Cat heavy equipment, trucks and trailers, engines and generators for construction, earthmoving, mining, industrial, petroleum and agriculture "Sewer Extension" shall mean the extension of the existing sewer line facilities along Interstate Highway from the existing Pecan Branch interceptor north to Premises in accordance with plans approved by the City. Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article III Economic Development Grant 3.1 Grant. Subject to the obligation of Company to repay the Grant pursuant to Section 5.2 herein, and the continued satisfaction of all the terms and conditions of this Agreement by Company, GEDCO agrees to provide the Grant to Company to be paid within thirty (30) days after receipt of the Payment Request following Completion of Construction of the Infrastructure. 3.2 Current Revenue. The Grant made hereunder shall be paid solely from lawful available funds, which have been appropriated by GEDCO. Under no circumstances shall the obligations of GEDCO hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. Consequently, notwithstanding any other provision of this Agreement, GEDCO shall have no obligation or liability to pay the Grant except as allowed by law. 3.3 Grant Limitations. GEDCO shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by Company. None of the obligations of GEDCO under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. Page 4 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) 3.4 City Infrastructure Projects. City, pursuant to that certain economic development agreement by and between the City and Company of approximate date herewith has agreed ("City Economic Development Agreement"), has agreed, subject to events of Force Majeure, to expedite the completion of the Airport Road Expansion to occur on or before twenty-four (24) months after the date of Commencement of Construction of the Improvements; and City intends, subject to the availability of funding and events of Force Majeure, to expedite the completion of the Sewer Extension. Article IV Conditions to Economic Development Grant The obligation of GEDCO to pay the Grant to Company shall be conditioned upon the compliance and satisfaction by Company of the terms and conditions of this Agreement and each of the conditions set forth in this Article. 4.1 Good Standing. As a condition of the payment of the Grant, Company shall not have an uncured breach or default of this Agreement or a Related Agreement. 4.2 Payment Request. Company shall, as a condition precedent to the payment of the applicable Grant, timely provide City with the applicable Payment Request. 4.3 Planned Unit Development. Company shall have obtained the necessary approval of zoning for the Premises for a Planned Unit Development (PUD) to ensure the design and development standards of the City and the needs of Company are achieved for the Premises. 4.4 Project Construction. Company shall, subject to events of Force Majeure, cause Completion of Construction of the Improvements to occur on or before December 31, 2018. 4.5 Required Use. During the term of this Agreement, following the Commencement Date and continuing thereafter until the Expiration Date, the Improvements shall not be used for any purpose other than the Required Use, and the operation and occupancy of the Improvements in conformance with the Required Use shall not cease for more than thirty (30) days, except in connection with and to the extent of an event of Force Majeure. 4.6 Continuous Occupancy. During the term of this Agreement, following the Commencement Date and continuing thereafter until the Expiration Date, the Company shall continuously own and occupy the Premises. 4.7 Capital Investment. The Capital Investment shall be at least Twenty Million Dollars ($20,000,000.00) as of the Commencement Date. Company shall within thirty (30) days after the Commencement Date provide City with copies of receipts and other records evidencing the required Capital Investment and such other records as the GEDCO may reasonably request. Page 5 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) Article V Termination 5.1 This Agreement shall terminate upon any one of the following: (a) by written agreement of the Parties; (b) Expiration Date; (c) upon written notice by either Party in the event the other Party breaches any of the terms or conditions of this Agreement or a Related Agreement and such breach is not cured within sixty (60) days after written notice thereof, (d) upon written notice by GEDCO, if Company suffers an event of Bankruptcy or insolvency; (e) upon written notice by GEDCO, if any Impositions owed to City or the State of Texas by Company shall become delinquent after sixty (60) days written notice is delivered pursuant to this Agreement (provided, however Company retains the right to timely and properly protest and contest any such Impositions); and (f) upon written notice by either Party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 In the event the Agreement is terminated by GEDCO pursuant to Section 5.1(c), (d), (e), or (f), Company shall immediately repay to GEDCO an amount equal to the Grant previously paid by GEDCO to Company as of the date of termination, plus interest at the rate periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by GEDCO) as its prime or base commercial lending rate, which shall accrue from the date of the Grant payment until paid. 5.3 Offsets. GEDCO may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to GEDCO and/or City from Company, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise, and regardless of whether or not the debt due GEDCO and/or City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement; Assi nment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the respective Parties. This Agreement may not be assigned without the prior written consent of GEDCO. 6.2 Limitation on Liability. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among Page 6 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) the Parties. It is understood and agreed between the Parties that Company, in satisfying the conditions of this Agreement, has acted independently, and GEDCO assumes no responsibilities or liabilities to third parties in connection with these actions. Company agrees to indemnify and hold harmless GEDCO from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of the Company's performance of the conditions under this Agreement. 6.3 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. 6.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. If intended for GEDCO, to President Georgetown Economic Development Corporation City of Georgetown 113 E. Eighth Street Georgetown, Texas 78626 If intended for Company, to: Attn: Tony Shedrock Vice President General Services Holt Caterpillar 1956 So. W. W. White Road San Antonio, Texas 78222 With a copy to: City Attorney City of Georgetown 113 E. Eighth Street Georgetown, Texas 78626 With a copy to: Michael Puryear General Counsel Holt Companies 5665 SE Loop 410 San Antonio, TX 78222 6.5 Entire Agreement. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 6.6 Governing Law. This Agreement shall be governed by the laws of the State of Texas, and venue for any action concerning this Agreement shall be in the State District Court of Williamson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court. Page 7 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) 6.7 Amendment. This Agreement may be amended by the mutual written agreement of the Parties. 6.8 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.9 Recitals. The recitals to this Agreement are incorporated herein. 6.10 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.11 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13 Employment of Undocumented Workers. During the term of this Agreement Company agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a (f), Company shall repay the amount of the Grant and any other funds received by Company from the GEDCO as of the date of such violation within 120 days after the date Company is notified by the GEDCO of such violation, plus interest at the rate of 4% compounded annually from the date of violation until paid. Company is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of Company or by a person with whom Company contracts. 6.14 Conditions Precedent. This Agreement is expressly subject to and the obligations of the Parties are conditioned on the Company closing its purchase of the Land on or before June 30, 2017. [Signature Page to Follow] Page 8 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) S� EXECUTED on this day of 76 AJ" , 2016. GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION By: Hugh Brown, President EXECUTED on this Z t'' day of ro h r 6C t /W - , 2017 uP HOLT TEXAS, LTD. By: C1 Ton Shedrock Vice President General Services Page 9 Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) EXHIBIT "A" STATE OF TEXAS KENNETH GARRETT, ET UX COUNTY OF WILLIAMSON 75.330 ACRES All that certain tract or Marcel of land containing 75.330 acres situated in the David Wright League, A-13, in Williamson County, Texas, also being within the Corporate Limits of the City of Georgetown, and being that same tract described in a deed from Nan Evans, Independent Administratrix of the Estate of Albert Evans, Jr., to Nan Evans dated June 25, 2002 and recorded in Document No. 2002050652 of the Williamson County Official Public Records, said tract having been originally described as 84.34 acres in a Contract of Sale and Purchase from the Veterans Land Hoard of Texas to Albert Evans, Jr. dated February 2, 1962 and recorded in Volume 449, Page 140 0£ the Deed Records of Williamson County, LESS 7.12 acres described in a deed from Carolyn Garrett, et vir, to Patrick Elliott Properties, Ltd. dated December, 17, 2014 and recorded in Document No. 2014100666 of the Williamson County Official Public Records, and LESS 3.926 acres described in a deed from Albert Evans, Jr. to the State of. Texas dated September 1, 1962 and recorded in Volume 454, Pg. 610 of the Deed Records of Williamson County, said 75.330 acre tract being more particularly described by metes and bounds as follows: Beginning at a 1/2" iron rod found at the intersection of the South line of said (original) 84.34 acre Evans tract with the curving West right-of-way line of Interstate Highway 35 (variable width right-of-way) for the Southwest corner of said 3.926 acre State of Texas tract (Vol. 454, Pg. 610 W.C.D.R.), the Northeast corner of the (called -original) 31.88 acre Georgetown Griffin Family LP tract (Document No. 2007093828 and Document No. 2005073627 W.C.O.P.R.), the Southeast corner of the tract herein described and the BLACK or ktWnWIM, said point having a coordinate value of North = 10,220,739.19 feet and East = 3,136,187.93 feet according to the Texas State Plane Coordinate System - Central Zone - NAD 83{2011), from which a TXDOT concrete monument found at the P.C.C. of said curve bears South 25 degrees 01 minutes 58 seconds West, 691.29 feet (Chord); Page 10 Exhibit "A" to Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) EXHIBIT "A" KENNETH GARRETT, ET DX 75.330 ACRES PAGE 2 OF 4 Thence South 68 degrees 11 minutes 54 seconds West, departing said Interstate Highway 35 right-of-way, along the common line between said Evans tract and said Georgetown Griffin Family tract, at 1,509.31. feet passing a 1/2" iron rod found for the Southeast corner of a (called) 2.615 acre L.C.R.A. easement tract (Document No. 9801580 W.C.O.P.R.), at 1,618.69 feet passing a 1/2" iron rod found for the Southwest corner of said L.C.R.A. easement tract, and continuing or a total distance of 1,641.47 feet to a 1/2" iron rod sot for the Northwest corner of said Georgetown Griffin Family tract and the Northeast corner of the (called -original) 37.21 acre George Goethe tract (Document No. 2004018911 W.C.O.P.R.), from which a 1/2" iron rod found (not an original monument) bears South 18 degrees 13 minutes 41 seconds West, 2.67 feet•; Thence South 67 degrees 57 minutes 12 seconds West, 994,24 feet to a 1/2" iron rod found in the fenced East margin of "Airport Road" (City maintained public roadway - no record right-of-way width) for the Northwest corner of said Goethe tract, the Southwest corner of said (original) 84.34 acre Evans tract and the Southwest corner of the tract herein described; Thence North 23 degrees 15 minutes 51 seconds West, 563.97 feet along said fenced East margin of "Airport Road" and the West line of said Evans tract to a 1/2" iron rod found for an angle point; Thence North 26 degrees 40 minutes 09 seconds West, 504.49 feet along said East road margin to a 1/2" iron rod found for the Southwest corner of said (called) 7.12 acre Patrick Elliott Properties tract and the Northwest corner of the tract herein described; Thence North 68 degrees 45 minutes 24 seconds last, departing said "Airport Road", 699.98 feet to a 1/2" iron rod found for an inside corner of said (original) 84.34 acre Evans tract, the Southeast corner of said 7.12 acre Elliott Properties tract and the Southwest corner of the (called) 10.56 acre Marbert Moore tract (Vol. 1675, Pg. 49 W.C.O.P.R,); Thence North 69 degrees 00 minutes 20 seconds Nast, 436,47 feet along the North line of said (original) 84.34 acre Evans tract to a 1/2" iron rod found for the Southeast corner of said 10.56 acre Moore tract and the Southwest corner of the residual of an original 55.88 acre Marbert Moore LP tract (Document No. 2003016058 W.C.O.P.R.); Thence North 68 degrees 38 minutes 57 seconds East, along the North line of said (original) 84.34 acre Evans tract, at 908.35 feet passing a 1/2" iron rod found for the Northwest corner of said (called) 2.615 acre L.C.R.A. easement tract, at 1,017.01 feet passing a 1/2" iron rod found for the Northeast corner of said L.C.R.A. easement tract, at 1,684.33 feet passing a 1/2" iron rod found for the Southeast corner of said 55.88 acre Moore Page 11 Exhibit "A" to Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) EXHIBIT "A" KENNETH CARRETT, ET €7X 75.330 ACRES PAGE, 3 OF 4 LP tract and the Southwest corner of the (called) 4.82 acre Marbert Moore LP tract (Document No. 2003016058 W.C.O.P.R.), and continuing for a total distance of 2,474.85 feet to a point in the West right-of-way line of Interstate Highway 35 for the Southeast corner of said (called) 4.82 acre Moore LP tract, the Northwest corner of said 3.926 acre State of Texas tract and the Northeast corner of the tract herein described, from which a TXDOT concrete monument found at an angle point in said Fest right-of-way line bears North 17 degrees 29 minutes 20 seconds East, 550.67 feet and a 1/2" iron pipe found bears North 68 degrees 38 minutes 57 seconds East, 0.21 feet; Thence South 17 degrees 29 minutes 20 seconds West, 223.95 feet along said West right-of-way line of Interstate Highway 35 to a 1/2" iron rod set for the P.C. of a curve to the right, from which a 1/2" iron rod found bears South 09 degrees 06 minutes 50 seconds 'nest, 2.53 .feet; Thence Southerly, along said West right-of-way line of Interstate Highway 35 with a curve to the right (curve Data: Radius m 11,409.16 feet; Delta - 05 degrees 48 minutes 28 seconds Rt.; chord = South 20 degrees 23 minutes 35 seconds West, 1,156,02 feet) for an arc distance of 1,156.51 feet to the PLACE Or 99CINMNG and containing 75.330 acres. Bearings, distances and coordinates used herein are "GRID" based on the Texas State Plane Coordinate System - Central Zone - NAD 83(2011). Convergence = +01 degree 22 minutes 23 seconds. Combined factor R 0.4998662. STATE OF TEXAS COUNTY OF WILLIAMSON I, Kevin Von Minden, a Registered Professional Land Surveyor, do hereby certify the foregoing field notes to be true and correct to the'best of my knowledge and belief. BEFCO ENGINEERING, INC. Surveying Firm No. 10001700 Consultinnng/g Engineering 6 band Surveying TI„I q gOF OF TF�ty,: Kevin Von Minden, R. P.Z.S.:r-, era"EI gk ^ t` �A Registration No. 4438 !w; "a f-�O October 18, 2016 VQN•NaN(? r gl...•.......♦- ` i� �f BEFCO Job No. 16-6729 r Revised October 20, 2016 i�9OF,�a`,�t5 d kk,%�)- URI Page 12 Exhibit "A" to Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335) EXHIBIT "A" q�qQ�iF r5 }} gift �,k,[a moron xwu• } $ a g MAN _ �t� � °•i=�s }.i i���i•IRG®IER>t�;llroas 'r � .+< _"�"`.'�� a i p v it i gR loll pi AM r`x• 3#rad �I �`� I F r "`iP `� �i$t lE2i alpp a 'L 3 E c6 ,j & � 7 �\• g4ij S r i= I i !01! L ;� s &p¢j` z °� 1 V P�; (T b• 13 � � t�� iY�15 #•� i�3i $#� �4 j��i e� Egli, $Rb 1 ps$ s e # r a a@@ $• Non F.:S s g :B g } ¢aritl ��ad M 1F ag} fp$' aid }��i• }� 7`�� ����a��� ��� � $ '`---'° Him }t"d agg s4' .�9tt� IN 06 N In RIM agullog IN SHIMPI { 13 ' 7 #=g ai=1 i{ iY3 N — ._..--..-..-._....--- -_^.� g.�—... a 'g YaF a i F spa f IS $,7 EYg� o Page 13 Exhibit "A" to Economic Development Performance Agreement- GEDCO and Holt Texas, Ltd. (TM 81335)