APPLICATION FOR T A X ABATEMENT FOR MONTGOMERY COUNTY

[CONFIDENTIAL INFORMATION - Texas Property Tax Code, Chapter 312, Subchapter A, Sec. 312.003]
-

1.

Applicant(s): B r u k e r O p t i c s , I n c . a n d D r . D i r k L a u k i e n [Attach a financial statement of each Applicant showing financial capacity to complete the proposed project!. Applicant's Status: MailinRAddress: 2 6 3 5 City: T h e Individual: North Crescent X Corporation: Ridge Drive Zip: 77381 t2bi ) ^ y 8 - ; 3 3 3 Telephone No: 201 1281 )29S-/333 Telephone No: Inc

Partnership: "

Woodlands Fred E .

State T X Castillo

2.

Contact Person or Agent: Mailing Address: City: T h e

4 8 4 0 W.

Panther

Creek Drive State. TX Zip:

Suite 77381

Woodlands

3.

Name and Address as currently shown on Tax Roll Address: 2 6 3 5 City: T h e North Crescent Ridge

Bruker Drive

Optics,

Woodlands

State: T X Yes $

Zip:

77381

(281 ) 2 y 8 - 7 3 3 5 Telephone No: Yes o

a) Is Applicant purchasing this property?

X NA

b) Will tax abatement effect purchase?

c) What is the purchase price? 4.

All property Owners having an interest in the Property, and their respective interests (except mineral and/or royalty interest only): [For corporate and partnership Applicants, attach full listing of names, addresses, and telephone numbers of officers, directors, shareholders and partners-l T h i s i s a co-application A l l b e n e t i t s trom t n e aDatemem: ot t ne i : a x e s w i n pe p a s s e d t h r O t t y l i renant" D r . D i r k L a u k i e n as "owner' Mailing Address: b y B r u k e r O p t i c s , I n c . a s (281 ) 2 y 8 - / J 3 3 State T X Zip: 7 7 3 8 1 City: T h e W o o d l a n d s Telephone No: Property Owner's Agent Mailing Address: City: T h e 2635 Dr . Dirk Laukien Ridge Drive Zip: 77381 (281 ) 2 9 8 - 7 3 3 3 Telephone No:

5.

North

Crescent

Woodlands

State T X

6.

Business Address: [Attach legal description, plat and project site plan illustrating layout and designs for structures, landscaping, signage, parking and internal circulation:] 6.802 Acres, John Taylor Survey, A-547, Tract 1B-2

7.

Description of Project: Two Story,

Production & Biotechnology 30,000 Yes square feet

Center

approximately

a) Is this an expansion of an existing facility?

Abatement Application - Page 1

is the property located wit municipality?

;he boundaries of a

Yes

X If Yes - Name of Municipality:

Is t. .roperty located within the extraterritorial jurisdiction oTa municipality?

Yes

(No X

List Taxing Jurisdictions that govern the location of the proposed abatement request: a) GMO b) SCO Montgomery Conroe ISP Mont. Metro Cc M.U.D. County f) HM1 Montgomery County Hospital

c) . i N H O N n r t h H a r r i s d)MWM Woodlands

10.

^) W. P. U n Estimated project construction dates:

il.

Beginning: 6 / 0 4

Ending:

3/05

EST. t , a) Real Property Value: S i t 6 / 2 . 0 4 " A c s $ 4 4 3 / 3 1 0 c) Improvement Value: 0' b) Personal Property Value: Property Account N umber(s): 11. | $ -0d) TOTAL V A L U E :

-0-

$ 44 3 , 31 0 C'H/y,*'^

9714-08-00201 & Biotechnology Center

Uses of property and facility: P r o d u c t i o n a) Present use: New Building for new

b) Intended use: T n n n h a t o r

product

lines

c) Is property currently receiving a reduction in taxable value for special use or exemptions? If Yes, explain and include estimated $ value reduction: $

Y e s Icfe)
None
X

d) Will property or improvements qualify for a reduction in taxable value due to special use or exemption? If yes, explain and include estimated $ value reduction:

Yes

(So)

12.

What is the total estimated value of the real property and proposed improvements after completion of the project? (Include taxable and abated value)

$ 2,443,310

13.

What is the estimated value of the fixed machinery, equipment, inventory and personal property that will be on site after completion of the project? Note: Only include property that will not be abated. Fixed Machinery and Equipment: Inventory: Other Persona! Property (Furniture, etc.) $ $ $ 40 20K 400K 40K Years
No No

14. 15.

What is the economic life of the proposed improvements? Jobs/Employment: a) Will the project stimulate desirable concentrations of employment of commercial activity? b) Will the project create or retain germane nt jobs in Montgomery County? How many are new jobs? 30 No X How many are retained jobs?
Number of Jobs?

37

c) Will the newly created jobs be filled by persons residing or projected to reside in Montgomery County? d) Estimated Annual Payroll: S 2 million Estimated fiill-time jobs: #3 7

No

0
Estimated part-time jobs: #

Abatement Application - Page 2

u u

16.

Will the project make a su ntial contribution to redevelopment efforts e ^jecial area plans by enhancing either functional or visual characteristics, e.g., historical structures, traffic circulation, parking facades, materials, signs, etc.? If Yes - Describe: T h i s Biotech, proiect The will continue the growth & job creation in

No X the

segment o f

Woodlands

commercial

district Yes
X

17.

Is the project in an area which might not otherwise be developed because of constraints of topography, ownership patterns, site configuration, etc.? If Yes - Describe:

18.

Will the project serve as a prototype and catalyst for other development? No B r u k e r u p L i c s , inc. iias estaP-Lisueu a d i s t r lUULion system &' I f Y e s - E x p l a i n : ^ P , l l a h n r a t i V P a g r e e m e n t s w i t h wP.ndnr.=; w o r l d w i d e t h a t m a y c h o o s e to co-locate into The Woodlands region.
X

19.

Will costs be incurred by Montgomery County to provide facilities or services directly resulting from the new improvements? If Yes - Explain:

Yes

20.

What are the types and values of public improvements that will result from the project? Type: Type:
$ $

Type: Type:

$ $

21.

Will the proposed improvements compete with existing businesses to the detriment of local economy? If Yes - Explain:

Yes

22.

Will the proposed improvements stimulate existing local businesses? IfYes-Explain areas of Bruker Optics, Many Inc. iobs is will undergoing be filled tremendous growth i n a l l '=xt:enaea from l o c a l & community

No

personnel.

23.

If within an incorporated community's limits or extraterritorial jurisdiction, have you discussed your plans with the municipal administration to determine if there are any ordinances with which you must comply?

No

This applicant understands that the Montgomery County Commissioners Court will approve or disapprove applicant's request for tax abatement, in its sole discretion, based on information contained herein, and on any other information made available to the Commissioners Court. Applicant states that the information contained herein is true and correct and complete, and if the request is approved, applicant is willing to execute a tax abatement as required by Montgomery County. It is further agreed and understood by applicant that the information contained in this application that qualifies as Confidential Information in the Texas Property Tax Code, Chapter 312, Subchapter A, Sec. 312.003, will be reviewed and kept confidential by: The Montgomery County Commissioners Court, the Tax Assessor/Collector(s), and the Chief Appraiser for the Montgomery Central Appraisal District.

Applicant's Printed Name

Title

31-Aug-95

Signature Abatement Application - Page 3

TAX ABATEMENT AGREEMENT

This Tax Abatement Agreement (this "Agreement") is by and between Montgomery County, Texas, a political subdivision of the State of T e x a s (hereinafter referred to as the "County"), and Dr. Dirk D. Laukien, O w n e r - L e s s o r (hereinafter referred to as the "Owner"), the owner of certain taxable real property which is located in the Montgomery County Reinvestment Zone, and Bruker Optics, Inc., T e n a n t (hereinafter referred to as the "Lessee"), the tenant of said taxable real property. Lessee

I. AUTHORIZATION
This Agreement is authorized by Resolution and Order of the C o m m i s s i o n e r s Court of the County adopted the 24th day of November, 2003, w h i c h established the County's Tax Abatement Policy for designated properties located in the M o n t g o m e r y County Reinvestment Zone.

II.
PROPERTY
The location of the taxable real property which is the subject of this A g r e e m e n t (hereinafter referred to as the "Property") is on North Crescent Ridqe. The

Woodlands. Texas. The tax account number of the Property is: 00.9714.08.00201 (4.73 acres of a tract encompassing 6.802 acres). It is understood and agreed that the property

Tax Abalemenl Agreemeiil bclwceii Moiitgonieiy Counly and Bruker Oplics 4/30/04

Page i of 11

0 ^ A y r<

m a y be assigned a different account number by tine Montgomery Central Appraisal District.

III.
OWNER'S REPRESENTATIONS
a. T h e Owner represents that it is the owner in fee simple of the Property and that the Property is currently located within the boundaries of a

acknowledges

Reinvestment Zone. The Owner represents that the present use of the Property is as follows: unimproved raw land. b. The Owner represents that no interest in the Property is held or leased by

a member of the Commissioners Court of Montgomery County.

IV.
TERMS OF THIS AGREEMENT
a. The Owner and/or the Lessee contemplate making the following

improvements to the Property (hereinafter referred to collectively as t h e "Improvements"): construction of a 30,000 square foot, two-story building. b. construction The Owner and the Lessee further contemplate that the schedule for the of the Improvements will provide that substantial completion of the

Improvements will occur on or about March 3 1 , 2005. c. Commencing upon completion of the Improvements and continuing through

the remainder of the Tax Abatement Period (as hereinafter defined), the Owner and the Lessee shall use the Property for the purpose of production and biotechnology; provided,
Ta.x Abalemenl Agrccmcnl between Monlgoniery Counly and Bruker Oplics 4/30/04

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however, the County may approve a change of the proposed use, in writing, if the County determines that the change is consistent with the County's Tax Abatement Policy. d. During the period of construction and upon completion of t h e Improvements,

and continuing through the remainder of the Tax A b a t e m e n t Period, t h e O w n e r and the Lessee shall maintain the Improvements in good repair and condition during the tax abatement period. e. The Owner and the Lessee shall allow the County's employees, agents and

representatives access to the Property at any reasonable time for the purpose of inspecting the Improvements to insure that the Improvements are completed a n d maintained in accordance with the terms of this Agreement.

V.
TAX ABATEMENT
a. If the Owner and/or Lessee complete the Improvements or cause the to be completed in accordance with the terms of this A g r e e m e n t , the

Improvements

Owner shall be entitled to a tax abatement on the additional value to the certified full market appraised value (value before special use or exemptions are given) of the Property as of January 1, 2005 (including both land and improvements) to the extent the Property's certified full market appraised value for that year exceeds the Property's certified full market appraised value as of May 1, 2004. The County hereby represents to Owner that the Property's certified full market appraised value as of May 1, 2004, is $1,030,194.00. This tax abatement is granted by official action of Commissioners Court, according to the
Tax Abalemenl Agreement belwecn Montgomery County and Bruker Optics 4/30/04

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following schedule, which is set forth in the County's Tax A b a t e m e n t Policy:

Year of Abatement 2005 2006 2007 2008 2009 2010 2011

Percentage of Taxes Abated 1 0 0 % (construction) 100% 100% 80% 60% 40% 20%

As used

herein, the term "Tax Abatement

Period" shall

mean the

period

commencing on January 1, 2005, and shall continue through and expire on December 3 1 , 2011. b. With respect to each calendar year during the Tax A b a t e m e n t Period, the

abatement herein granted shall apply to the extent that the Property's certified full market appraised value (including land, buildings, structures, fixed machinery a n d equipment and site improvements) for that calendar year exceeds the Property's certified full market appraised value (including land, buildings, structures, fixed machinery and equipment and site improvements) as of May 1, 2004. The Property's certified full market appraised value (including land, buildings, structures, fixed machinery and equipment and site

improvements) shall be that as determined on the rolls of the Montgomery

County

Appraisal Disthct. The tax abatement herein granted shall be effective with the January 1 valuation date immediately following the date this A g r e e m e n t is executed by all parties.

Tax Abalemenl Agreemejil between Monlgonier>' County and Bruker Optics 4/30/04

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VI.
REPORTING REQUIREMENTS
Beginning July 1, 2 0 0 5 , the Owner or the Lessee shall provide semi-annual written reports to the County during the term of this Agreement, due on January 1 and July 1 of each year. The reports shall be submitted to the Commissioner of the County Precinct in which the Property is located, and the County Tax Assessor-Collector, and shall contain the following information: a. b. The status of completion of the Improvements; The m i n i m u m and maximum number of persons employed by Owner and

Lessee and/or its affiliates that actually office at the Property, during each of the six (6) months preceding the report; b. d. report; e. Any change in the identity of principals of the Owner, or in financial status The increase in valuation of the Property during the previous year; The status of the use of the Property during the six (6) months preceding the

of the Owner and their principals, or any other change of information regarding the Owner contained in this Tax A b a t e m e n t Agreement or the Tax A b a t e m e n t Application completed by the Owner; except for changes that affect less than 1 0 % of the ownership of the Owner; and f. Any other information as reasonably requested in writing by the

Commissioner of the County Precinct in which the Property is located, by the County Judge or by the County Tax Assessor-Collector.
Tax Abalemenl Agreement between Montgomery Counly and Bruker Optics 4/30/04

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Owner and Lessee shall further provide to County, upon written request, any supporting documentation and information deemed reasonably necessary by the County to insure Owner's and Lessee's compliance with this Tax A b a t e m e n t A g r e e m e n t , including, but not limited to, payroll records, updated financial statements, e m p l o y e e personnel records, and loan or financing records and documentation. However, such information may be deemed confidential by law, and upon request by Owner or Lessee, such confidential information may be made available for County's review in the offices of Owner which are located in Montgomery County.

VII.
EVENT OF DEFAULT
The County may declare a default upon the occurrence of any o n e or more of the following circumstances: a. At any time after construction is completed and during the remainder of the

Tax Abatement Period, the number of persons employed by O w n e r and/or Lessee or its affiliates that actually office at the Property shall fall below t w e n t y - o n e (21) Full-Time Equivalents (as hereinafter defined) for a pehod in excess of thirty (30) days, or more than five (5) times during the term of the Tax Abatement Period. A s used herein, "Full Time

Equivalent" shall mean a level of effort excluding vacation and other nonproductive time, equivalent to that which would be provided by one person working full time, which shall be deemed to equal 1830 billable person hours of effort on an annualized basis; b. Should construction of improvements not proceed as planned, endangering
Tax Abalemenl Agreement between Monlgoniery County and Bruker Opties 4/30/04

Page 6 of 1 1

0 0 ^ ^ i- 1.

the agreed substantial increase in County Tax Revenue, in the opinion of Commissioners Court; c. At any time during the Tax Abatement Period, the O w n e r or Lessee fails,

refuses or neglects to comply with any of the terms of this Agreement; d. At any time during the Tax Abatement Period, any representation or warranty

m a d e by the Owner or Lessee in this Agreement is or becomes false or misleading in any material respect. e. At any time during the Tax Abatement Period, the O w n e r or Lessee applies

for and receives any form of tax exemption on any type of personal property or inventory produced, stored or maintained at the site of this Property (including, but not limited to, a freeport or pollution control exemption), exclusive of tax exemptions for Federal Income T a x e s or Excise Taxes; or f. The improvements are not substantially completed by March 3 1 , 2005.

If the County declares the Owner or the Lessee in default of this A g r e e m e n t , this A g r e e m e n t shall terminate unless cured in accordance with the follov^/ing paragraph of this Section VII, and the County shall be entitled to recapture any property tax which has been abated as a result of this Agreement. The County shall notify the O w n e r and the Lessee of the default by giving written notice to the Owner and the Lessee, which notice shall specify the basis for the declaration of default. The Owner and the Lessee shall have thirty (30) days f r o m the date of the notice to cure the default. If the O w n e r and/or the Lessee proceed diligently, but fail to cure the default within the thirty (30) day period, the County may, at the option of

Tax Abalemenl Agreement between Montgomery County and Bruker Oplics 4/30/04

Page 7 o f l 1

Commissioners Court, extend the time for curing the default for a second thirty (30) day period, so long as the Owner and/or the Lessee c o m m e n c e to cure such default within the initial thirty (30) day period and pursue such cure to completion. The C o u n t y is under no obligation to extend the pehod for curing any default. If the circumstances of default are not cured to the County's satisfaction, this A g r e e m e n t may at the County's discretion be finally declared in default, and the County shall be entitled to recapture any property tax which has been abated as a result of this Agreement.

VIII. NOTICE
All notices shall be in writing, and delivered by certified mail, return receipt requested, or by hand-delivery with written receipt, to the following a d d r e s s : To the Owner/Lessee: Dr. Dirk D. Laukien, c/o Sean Quinn 2635 North Crescent Ridge Dhve The W o o d l a n d s , Texas 77381 County Tax Assessor-Collector 400 N. San Jacinto Conroe, Texas 77301

T o the County:

All notices shall be deemed given upon deposit in the United States mail or upon receipt of hand-delivery. Either party may designate a different address by giving the other party ten (10) days' written notice.

Tax Abalemenl Agreemcnl between MoiUgomery Counly and Bruker Oplies 4/30/04

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IX.
CONDITION
This Agreement is conditioned entirely upon the approval of Commissioners Court by the affirmative vote of a majohty of the m e m b e r s at a regularly scheduled meeting.

X.
TEXAS LAW
This A g r e e m e n t shall be governed and construed according to the laws of the State of Texas.

XI.
ASSIGNMENT
Under no circumstances shall this A g r e e m e n t or the tax abatement granted herein be assigned by the Owner or the Lessee without the prior written consent of the County.

XII.
INDEMNIFICATION OWNER AND THE LESSEE, COLLECTIVELY AND INDIVIDUALLY, AGREE TO DEFEND AND INDEMNIFY THE COUNTY FROM AND AGAINST A L L CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEY'S FEES, AND A L L LOSS, DAMAGE OR INJURY, OR DEATH RESULTING THEREFROM, TO OWNER'S OR LESSEE'S PROPERTY OR PERSONNEL, THIRD PERSONS OR THE PROPERTY OR PERSONNEL OF AGENTS,
Ta.x Abalemenl Agreemenl between Montgomery Counly and Bruker Optics 4/30/04 Page 9 of 1 1

EMPLOYEES OR CONTRACTORS OF OWNER OR LESSEE ARISING OUT OF OR IN CONNECTION WITH AND DURING THE OPERATIONS UNDER THIS AGREEMENT.
EXECUTED this 10th day of May, 2004.

A l a n ' B . Sadler County Judge

Mike Meador Commissioner, Precinct 1

Craig Doyal ^ Commissioner, Precinct 2

ATTEST:

Ed C h a n c e Commissioner, Precinct 3

Mark Turnbull County Clerk

Ed'Rinehart Commissioner, Precinct 4

PROPERTYpWfrgER: DF^DIRK D.jLAUKIEN,

Drf! LJirk D. Laukien

Tax Abalcnicnt Agreemcnl belween Monlgoniery Counly and Bruker Oplics 4/30/04

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LESSEE:

BRUKER Cj)PTICS,, INC.

\
By: /'Jonathan D. Hitchcock, ' freasurer/Controlier

Tax Abalemenl Agreemenl belween Monlgoniery Counly and Bruker Oplics 4/30/04

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MONTGOMERY COUNTY
omcEOF : TAX ASSESSOR AND COLLECTOR
400 N. SANJACINTO CONROE, TEXAS 77301 *

}.R. MOORE, JR.

TAX ASSESSOa A N D COLlEaOR

TAX COLLECTION

936.539-7897

AGGOUNTING AUTO LICENSE DEPT.

936-539-78M 936-S39-7896

April 26, 2010 TO: FROM: RE: MARK CASTLESCl lOULDT, CHIEF APPIIAISER - MCAD J.R. MOORE, JR., VIA EMAIL POSSIBLE OMITTED PROPERI Y;RESIDENTIAL DWELLING USED BY DIRK mD KAYE LAUKIEN FOR THEIR RESIDENCE IN THE WOODLANDS; PROPERTY ACCT#S: 00.9714.08.0020], 00.9714.08.00202, 00.9714.08.00203, AND 00.9714.08.00204

Dear Mr, Ca.stleschoudt, Please verify that the Bruker Gptic I and II tax abatements do notinciude aresidenlial home that has taxes abated. In addition to this request I am now requesting that i f in fact tliere is a residential home on or near the property used by Dean and Kate Laukien that you identify the property account assigned to it. Best regards,

J.R. Moore, .Ir.

,^

002^00

TAX STATEMENT F O R C O L L E C T I O N O F F I C E AS O F A p r O F 2 0 1 0

O F MONTGOMERY COUNTY RUN ON 0 4 . 2 6 . 2 0 1 0

ACCOUNT NUMBER/OoT97l4 . 0 8 ^ _ 0 0 ^ ^ ^ LEGAL DESCl S^^TDfCW^ Wl^NDS RESEARCH LEGAL DESC2 FOREST 08, R E S B , ACRES 2. LEGAL AS I NOTES 2002 PAID 2003 PAID 2004 PAID 2005 PAID 2006 PAID 2007 PAID 2008 PAID 2009 PAID TOTALS NOTES

LAUKIEN, DIRK 2 6 3 0 N C R E S C E N T R I D G E DR <hhPi f-^ S P R I N G T X 7 7 3 8 1 - 3 904 25 DESC3 L 4 9 0 , 0 5 0 CO S C C I C L DD MD RD F D HD :ED WU F T 2 .250 A S I CODE A C I 464, 700 M 1 W 1 36 3 YR B A L AMT D U E AMT O F P & I TOTAL L E G A L T O T A L DUE 0 . 00 0 . 00 0.00 0 . 00 0.00 P I 0.00 LEGAL 3 0 0 8 0 . 8 6 PD ON 01 . 3 1 . 2 0 0 3 30080 .86 0 . 00 0 . 00 0,00 0 . 00 3 0 1 3 4 . 17 0.00 P I 0.00 LEGAL 3 0 1 3 4 . 1 7 PD ON 0 1 . 3 0 . 2 0 0 4 0 . 00 0.00 0.00 0.00 1 4 9 2 6 . 74 0.00 P I 0.00 LEGAL 1 4 9 2 6 . 7 4 PD ON 0 1 . 3 1 . 2 0 0 5 0.00 0 . 00 0.00 0 . 00 0.00 P I 14929 .28 0.00 LEGAL 1 4 9 2 9 . 2 8 PD ON 01 . 1 3 . 2 0 0 6 0.00 0 . 00 0.00 0 . 00 13977 .84 0.00 PI 0.00 LEGAL 1 3 9 7 7 . 8 4 PD ON 1 2 . 3 1 . 2 0 0 6 0 . 00 0 . 00 0.00 0 . 00 34789 .53 0.00 P I 0.00 LEGAL 3 4 7 8 9 . 5 3 PD ON 12 . 2 8 . 2 0 0 7 0 . 00 0 . 00 0.00 0 . 00 0.00 P I 3 4 9 7 5 . 00 0.00 LEGAL 3 4 9 7 5 . 0 0 PD ON 1 2 . 3 1 . 2 0 0 8 0.00 0.00 0.00 0 . 00 2 6 0 7 9 . 00 0.00 P I 0.00 LEGAL 2 6 0 7 9 . 0 0 PD ON 12 . 2 3 . 2 0 0 9 0 . 00 0 . 00 0 . 00 0 . 00

6^

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This document/data was prepared for use by the Montgomefy Central Appraisal District only. The Montgomery Central Appraisal District does not guarantee or warrant the accuracy of the document/data. THERE IS NO WARfW^TY OF ANY KIND, EXPRESSED OR IMPUED. AND SPECIFICALLY THERE IS NO WARRANT OF M!^RCHANTABIUTY OR OF FITNESS.

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Friday, Jun 04, 2010 02:25 PM