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APPi^xCATION FOR T A X ABATEi.

xENT FOR MONTGOMERY COUNTY


[CONFIDENTIAL INFORJslATlON - Texas Properry Tax Code, Chapter 312, Subchapter A, Sec. 312.003]

Applicant(s):

^ r u k e r O p t i c s & Dr. D i r k L a u k i e n
Individual;

[.Attach a financial statement of each Applicant showing rlnancial capacir.' to complete the proposed project]. Applicant's Status: Mailina Address: Cm:

Corporation:

Partnership:

. 2700 N o r t h C r e s c e n t R i d g e D r i v e
State:

The Woodlands

TX

Zip:

77381

(281 )292-2447
Telephone No:

Contact Person or Aeent: Mai lint! Address: City:

Sean P. Q u i n n ( 7 1 3 )80b-8l3Uy
State: TX Zip:

2700 N o r t h C r e s c e n t R i d g e D r i v e 77381
Telephone No:

The Woodlands

Name and Address as cun'entlv shown on Tax Roll .Address: City:

Dirk Laukien
)292-Z44I

2700 N o r t h C r e s c e n t R i d g e D r i v e
(281

The Woodlands

State: Yes

TX

Zip: 77381

Telephone No: Yes

a) Is Applicant purchasing this propeiT,'?

b) Will tax abatement effect purchase?

CH)

c) What is the purchase price?


A.

NA

All propert)' Owners having an interest in the Property, and their respective interests (except mineral and./or royalt\ interest only): [For corporate and partnership Applicants, attach full listme of names, addresses, and telephone numbers of officers, dijectors, shareholders, and p a r t n e r s . ] , ^ ^ i s a c o - a p p l i c a t i o n . A l l b e n e f i t s ulili..^LiiB i _ LI U iI -J J. -U a b a t e m e n t o f t h e t ^ x e s W i ^ l be p a s s e d t h r o u g h by D . L a u k i e n as "owner"^ Mailing Address: B r u k e r O p t i c s , I n c . as t e n a n t Cit>^:

The Woodlands
^-

State: Q^iri"

TX

ZIP: 77381

(281 ) 2 $ 2 - 2 4 4 7
Telephone No:

Propert)/Owner's Agent Mailing Address: Cirv':

2700 N o r t h C r e s c e n t R i d g e D r i v e ( 1 I 3 )bUb-8bUy
State: TX

The Woodlands

Zip: 77381

Telephone No:

Business Address: [Attach legal description, plat and project site plan illustrating layout and designs for structures, landscaping, signage, parking and internal circulation:]

6.653 a c r e s l o c a t e d i n t h e John T a y l o r S u r v e y , A-547 T r a c t 1B-3 WDLNDS Research F o r e s t 08, RES B, A c r e s 6.653

Description of Project:

P r o d u c t i o n & M a n u f a c t u r i n g , Design C e n t e r / F a c i l i t y high tech center

One

s t o r y , a p p r o x i m a t e l y 22,000 s q u a r e f e e t ,
^es^ No

a) Is this an expansion of an existing facility?

Abatement Application - Page 1

8.

Is the propert)' located within tht a nuinicipalin'? If Yes - Name of Mu^icipalit^:

jndaries of

Yes

Is the propeiT .:ated within the exn-aterritorial jurisdiction of a municipalitv?

\''es . x_

9.

List Taxing Jurisdictions that govern the location of the proposed abatement request:

a)GMO - Montgomery
b)SCO Conroe I S D

County

f)

HMI-Mont. County

Hospital

.-)JNHO N. H a r r i s Mont.

County

h)

d)MWM - Woodlands M e t r o . MUD e)W.R.U.D. #1


10. Estimated project construction dates:

1)
J)

Beginning: J u n e

2 0 07

Ending: 1 2 / 2 0 0 7

Taxable value of any existing properts' and improvements for tax year immediately preceding date of this application:

EST
a) Real Propert)'Value: c : ; i f p h) Personal Propert)' Value: Propert)' Account Number(s): 11. 7

2 \ RO^,

c) Improvement Value: d) TOTAL V.ALUE:


'

S S

-0$482,523

Q71/1

$-0no n m n n y/i4-UB-UU^UU

acreage s i t e equal t o 1 / 3
& Design

of 6.6530

Uses of propert)'and facilit)': P r o d u c t i o n & M a n u f a c t u r i n g , M a c h i n i n g


a) Present use: b) Intended use:

New B u i l d i n g Expanding f a c i l i t i e s & growing t h e business


Yes S

c) Is proper^' currently receiving a reduction in taxable value for special use or exemptions? I f Yes. explain and include estimated $ value reduction:

d) Will propert)' or itnprovements qualifS' for a reduction in taxable value due to special use or exemption? If yes, explain and include estii:nated $ value reduction: S

Yes

(m

12.

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

13.

What is the estiinated value of the fixed machiner)', equipment, inventory and personal property that will be on site after completion of the project? Note: Only include propert)' that will not be abated. Fixed Machinery and Equipment: Inventor)': Other Personal Propert)' (Furniture, etc.) S 400K S $ 1 OK 2K 40 Years No No Number of Jobs? 15

14. 15.

What is the economic life of the proposed improvements? Jobs/Employment: a) Will the project stimulate desirable concentrations of employment of comrnercial activity? b) Will the project create or retain germane nt jobs in Montgomen,' Count)'? 1 5 How many are new jobs? No X How many are retained jobs? ^

c) Will the newly created jobs be filled by persons residing or projected to reside in Montgomen.' County? d) Estimated Atmual Payroll: S 7 0OK Estimated full-time jobs: # Abatement Application - Ease 2

(Tel)

No

Estimated part-time jobs: #

16,

W i l l the project make a substantial c o n t r i b u t i o n to redevelopment efforts or special area plans by enhancing either functional or visual characteristics, e.g., h i s t o r i c a l structures, traffic c i r c u l a t i o n , p a r k i n g facades, materials, signs, etc.? I f Yes - Describe:

Yes

No

the
17.

This expantjon w i l l continue t h e growth & job c r e a t i o n i n T e c h n o l o g y seginent o f The Woodlands c o m m e r c i a l d i s t r i c t


Yes

Is the project in an area w h i c h m i g h t not o t h e r w i s e be developed because o f constraints o f t o p o g r a p h y , ownership patterns, site c o n f i g u r a t i o n , etc.? I f Y e s - Describe:

0^

18.

W i l l the project serve as a p r o t o t y p e and catalyst for other development? I f Y e s - Explain:

No mmp^ni

B r u k e r has chosen t o c o l l a b o r a t e w o r l d w i d e w i t h

and has chosen The Woodland t o grow & e x p a n d o u r b u s i n e s s e s


19. W i l l costs be incurred by M o n t g o m e r y C o u n t y to p r o v i d e facilities or services d i r e c t l y r e s u l t i n g from the new improvements? IfYes - Explain: Yes

20.

What are the types and values o f p u b l i c im p r o v e m ents that w i l l result from the p r o j e c t ? Type: Type Type: Type:

f\Jfi

X
Yes

21.

W i l l the proposed i m p r o v e m e n t s compete w i t h e x i s t i n g businesses to the d e t r i m e n t o f local economy? I f Y e s - Explain:

22.

W i l l the proposed i m p r o v e m e n t s s t i m u l a t e e x i s t i n g local businesses? I f Yes - Explain

No

Bruker Optics,

I n c . i s u n d e r g o i n g tremendous g r o w t h i n a l from l o a a l & commuriity


No

a r e a s o f p e r s o n n e l . Many j o b s w i l l be f i l l e d
23.

If w i t h i n an incorporated c o m m u n i t y ' s l i m i t s or e x t r a t e r r i t o r i a l j u r i s d i c t i o n , have y o u discussed y o u r plans w i t h the m u n i c i p a l a d m i n i s t r a t i o n to d e t e r m i n e i f there are any ordinances w i t h w h i c h y o u must c o m p l y ?

This applicant understands that the M o n t g o m e r y C o u n t y Commissioners C o u r t w i l l approve or disapprove applicant's request for tax abatement, in its sole d i s c r e t i o n , based on i n f o r m a t i o n contained herein, and on any other i n f o r m a t i o n made a v a i l a b l e to the Commissioners C o u r t . A p p l i c a n t states that the i n f o r m a t i o n contained herein is true and correct and c o m p l e t e , and i f the request is approved, applicant is w i l l i n g to execute a tax abatement as r e q u i r e d by M o n t g o m e r y C o u n t y . I t is further agreed and understood by a p p l i c a n t that the i n f o r m a t i o n contained in this a p p l i c a t i o n that qualifies as C o n f i d e n t i a l Information in the Texas Property Tax Code, Chapter 312, Subchapter A . Sec. 3 1 2 . 0 0 3 , w i l l be r e v i e w e d and kept confidential by; The M o n t g o m e r y C o u n t y C o m m i s s i o n e r s Court, the Tax A s s e s s o r / C o l l e c t o r ( s ) , and the C h i e f A p p r a i s e r for the M o n t g o m e r y Central A p p r a i s a l D i s t r i c t .

Applicant's Printed Name

Title

!3-Mar-06

Signature

A b a t e m e n t A p p l i c a t i o n - Page 3 '<' t-:

uu

0 -

TAX ABATEMENT AGREEMENT


This Tax Abatement Agreement (this "Agreement") is by and between

Qp f " - ^

Montgomery County, Texas, a political subdivision of the State of Texas (hereinafter referred to as the "County"), and Dr. Dirk D. Laukien, Owner- Lessor (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., Tenant - Lessee (hereinafter referred to as the "Lessee"), the tenant of said taxable real property.

I.
AUTHORIZATION This Agreement is authorized by Resolution and Order of the Commissioners Court of the County adopted the 13th day of March, 2006, which established the County's Tax Abatement Policy for designated properties located in the Montgomery County Reinvestment Zone.

II. PROPERTY The location of the taxable real property which is the subject of this Agreement (hereinafter referred to as the "Property") is on 2700 North Crescent Ridge, The Woodlands, Texas. The tax account number of the Property is: 00.9714.08.00204 (2.21 acres of a tract encompassing 6.653 acres). It is understood and agreed that the property

Ta.v .'Mialciiicnl Agreemeiu bclwtien Monlgoniery Coiinly and Bruker Optics Phase II 6/06/07

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may be assigned a different account number by ttie Montgomery Central Appraisal District.

III.
OWNER'S REPRESENTATIONS a. The Owner represents that it is the owner in fee simple of the Property and

acknowledges that the Property is currently located within the boundaries of a 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 the "Improvements"): construction of a 22,000 square foot building. b. The Owner and the Lessee further contemplate that the schedule for the

construction of the Improvements will provide that substantial completion of the Improvements will occur on or about January 1, 2008. c. Commencing upon completion of the Improvements and continuing through

the remainder of the Tax Abatement Pehod (as hereinafter defined), the Owner and the Lessee shall use the Property for the purpose of production and biotechnology; provided,
Ta,\l Agrcenieiil between Monlgoniery Coiinly and Bniker Optics Pliase li 6/06/07

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however, the County may approve a change of the proposed use, in whting, if the County determines that the change is consistent with the County's Tax Abatement Policy. d. During the pehod of construction and upon completion of the Improvements,

and continuing through the remainder of the Tax Abatement Pehod, the Owner and the Lessee shall maintain the Improvements in good repair and condition duhng the tax abatement penod. e. The Owner and the Lessee shall allow the County's employees, agents and

representatives access to the Property at any reasonable time forthe purpose of inspecting the Improvements to insure that the Improvements are completed and 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

Improvements to be completed in accordance with the terms of this Agreement, the 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, 2008 (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 June 1, 2007. The County hereby represents to Owner that the Property's certified full market appraised value as of June 1, 2007, is $481,338. This tax abatement is granted by official action of Commissioners Court, according to the
Tn.N Abniemciil Agreenieiil between Montgomery County and Bruker Opiics Phase 116/06/07

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following schedule, which is set forth in the County's Tax Abatement Policy:

Year of Abatement 2008 2009 2010 2011 2012 2013

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

As used herein, the term "Tax Abatement Period" shall mean the period commencing on January 1, 2008, and shall continue through and expire on December 3 1 , 2013. b. With respect to each calendar year during the Tax Abatement Pehod, the

abatement herein granted shall apply to the extent that the Property's certified full market appraised value (including land, buildings, structures, fixed machinery and 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 June 1, 2007. 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 District. The tax abatement herein granted shall be effective with the January 1 valuation date immediately following the date this Agreement is executed by all parties.

Ta.x Abalcmenl Agiccnienl belwucn Monlgoniery CoLiiily and Biiiker 0|)lics I'ha.se II 6/06/07

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Postifi=7

9 ^ % ' . j*ol p a g e s

REPORTING REQUIREMENTS Beginning July 1, 2008, the Owner or the Lessee shall provide semi-annual written reports to the County duhng 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 minimum and maximum number of persons employed by Owner and

Lessee and/or its affiliates that actually office at the Property, duhng 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 duhng 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 Abatement Agreement or the Tax Abatement Application completed by the Owner; except for changes that affect less than 10% of the ownership of the Owner; and f. Any other information as reasonably requested in whting by the

Commissioner of the County Precinct in which the Property is located, by the County Judge
Ta,\l Agreemeiil between Montgomery County and Bruker Optics Phase II 6/06/07

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or by the County Tax Assessor-Collector. Owner and Lessee shall further provide to County, upon whtten request, any supporting documentation and information deemed reasonably necessary by the County to insure Owner's and Lessee's compliance with this Tax Abatement Agreement, including, but not limited to, payroll records, updated financial statements, employee 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 one or more of the following circumstances: a. At any time after construction is completed and duhng the remainder of the

Tax Abatement Period, the number of persons employed by Owner and/or Lessee or its affiliates that actually office at the Property shall fall below fifteen (15) Full-Time Equivalents (as hereinafter defined) for a period in excess of thirty (30) days, or more than five (5) times during the term of the Tax Abatement Period. As 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;
Ta.x Abalcmenl Agieenicnl belween Monlgoniery Counly Broker Opiics Pliase II 6/06/07

MKl

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b. Should construction of improvements not proceed as planned, endangehng the agreed substantial increase in County Tax Revenue, in the opinion of Commissioners Court; c. At any time duhng the Tax Abatement Period, the Owner or Lessee fails,

refuses or neglects to comply with any of the terms of this Agreement; d. At anytime duhng the Tax Abatement Pehod, any representation or warranty

made by the Owner or Lessee in this Agreement is or becomes false or misleading in any matehal respect. e. At any time dunng the Tax Abatement Pehod, the Owner 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 Taxes or Excise Taxes; or , f. The improvements are not substantially completed by January 1, 2008.

If the County declares the Owner or the Lessee in default of this Agreement, this Agreement shall terminate unless cured in accordance with the following 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 Owner and the Lessee of the default by giving written notice to the Owner and the Lessee, which notice shall specify the basis forthe declaration of default. The Owner and the Lessee shall have thirty (30) days from the date of the notice to cure the default. If the Owner and/or the Lessee proceed diligently, but fail to
la.x Aliaieiiiciil AgrccinenI belween Monlgoniery Counly and Bi-ukei- Oi)lics''l'lia,se II 6/06/07

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cure the default within the thirty (30) day period, the County may, at the option of 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 commence to cure such default within the initial thirty (30) day period and pursue such cure to completion. The County is under no obligation to extend the period for cunng any default. If the circumstances of default are not cured to the County's satisfaction, this Agreement 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.

vm.
NOTICE All notices shall be in whting, and delivered by certified mail, return receipt requested, or by hand-delivery with written receipt, to the following address: To the Owner/Lessee: Dr. Dirk D. Laukien, c/o Sean Quinn 2700 North Crescent Ridge Drive The Woodlands, Texas 77381 County Tax Assessor-Collector 400 N. San Jacinto Conroe, Texas 77301

To 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' whtten notice.

Tii.x Aliaicmcnt Agreement between iVlonlgomcry C'otinty and Bruker 0|)lles Phase II 6/06/07

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Oi

IX.
CONDITION This Agreement is conditioned entirely upon the approval of Commissioners Court by the affirmative vote of a majority of the members at a regulahy scheduled meeting.

X.
TEXAS LAW This Agreement shall be governed and construed according to the laws of the State of Texas.

XI.
ASSIGNMENT Under no circumstances shall this Agreement 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 L E S S E E , C O L L E C T I V E L Y AND INDIVIDUALLY, A G R E E TO DEFEND AND INDEMNIFY THE COUNTY FROM AND AGAINST A L L CLAIMS, DEMANDS, DAMAGES, L O S S E S , AND E X P E N S E S , INCLUDING COURT COSTS AND REASONABLE ATTORNEY'S F E E S , AND ALL L O S S , DAMAGE OR INJURY, OR DEATH RESULTING THEREFROM, TO OWNER'S OR L E S S E E ' S P R O P E R T Y OR

Ta,\l Agreement belween iVionigonicry Coiiiily and Bruker Optics Phase II 6/06/07

A '>'" Page 9 of 11

^ (j l l lU f: .0

PERSONNEL, THIRD PERSONS O R T H E PROPERTY OR P E R S O N N E L OF AGENTS, E M P L O Y E E S OR CONTRACTORS OF OWNER OR L E S S E E ARISING OUT OF OR IN CONNECTION WITH AND DURING THE OPERATIONS UNDER THIS AGREEMENT. E X E C U T E D this 18th day of June, 2007. MONTGOMERY COUNTY, TEXAS

Alan B. Sadler County Judge

Mike Meador Commissioner, Precinct 1

Craig Doyal J / Commissiomer, Precinct 2

ATTEST:

Ed Chance Commissioner, Pfecinct 3

Mark Turnbull County Clerk

Ed^Rinehart Commissioner, Precinct 4

PROPERTYOWNpR/ DR, DIRlk Df LA'OklEN,

""//IIMlHl'.l''-

Ta.x Abaiciiiciii Agreenieni between iVlonlgoniery Counly and liriikei-Opiics Phase II 6/06/07

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By: lonathan D. Hitchcock, ^reasurer/Controller

|'ax Abalcmenl Agreemenl belween Monlgoniery Counly and Bruker Oplics''pha,sc II 6/0(-)/07

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00

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