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RESOLUTION NO. 2008-10-01-R RESOLUTION APPROVING PAYMENTS IN LIEU OF TAXES IN CONNECTION WITH THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS WHEREAS, the City of Batesville, Arkansas (the "City") is authorized and empowered under the provisions of Title 14, Chapter 164, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Act"), to issue revenue bonds for the purpose of securing or developing industry; and WHEREAS, it is proposed that the City issue its revenue bonds underthe Act to finance the costs of renovating and expanding an existing industrial facility, including related machinery, equipment and other personal property, located at 2895 Harrison St., Batesville, Arkansas 72501 (the "Project"), for use by Emerson Climate Technologies, Inc., a Delaware corporation (the "Company"), and WHEREAS, in the event the City issues such bonds and the properties comprising the Project are exempt from ad valorem taxes, it is proposed that the Company be required to make payments in lieu of ad valorem taxes, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Batesville, Arkansas: Section 1. The Company shall be required to make payments in lieu of ad valorem taxes, for a 12-year period from the date of issuance of the bonds, in an amount equal to 35% of the ad valorem taxes which would be payable if the properties comprising the Project were subject to ad valorem taxes. The details concerning such payments will be embodied in an appropriate agreement which is mutually acceptable to the Company and the City. Section 2. This Resolution shall be effective immediately upon its passage. PASSED: October 14, 2008. APPROVED: ATTEST: d La, City Clerk ' (SEAL)