HomeMy WebLinkAboutResolution - 2016-R0372 - Amendment To Tax Abatement Agreement - Red River Commodities Inc. - 10/27/2016Resolution No.2016-R0372
Item No.6.5
October 27.2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayorof the Cityof Lubbock is hereby authorized and directedto executeforand
on behalf of the City of Lubbock,Amendment No.1to that certain Tax Abatement Agreement
dated March 6, 2012 by and between the City of Lubbock and Red River Commodities,Inc.
d/b/a SunGold Foods, Inc., and related documents. Said Amendment is attached hereto and
incorporated in this resolutionas if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on October 27.2016 .
DANIEL M.POPE,MAYOR
ATTEST:
Rebebca Garza, City Secretary
APPROVED AS TO CONTENT:
QM£focOClJ
Cheryl Brock.Executive Director of Budget
APPROVED AS TO FORM:
Justin Prui\t.Assistant City Attorney
ccdocs/RES. Amendment 1- Tax Abatement Agreement -Red River Commodities
September 21.2016
1RU-solution No. 2016-RO372
FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN
THE CITY OF LUBBOCK AND RED RIVER COMMODITIES, INC.
This First Amendment (the "Amendment") to the Tax Abatement Agreement (the
"Agreemenf') is entered into this 27th , day of ortnher , 2016 by and between
the City of Lubbock, a Texas municipal corporation (the "City"), and Red River
Commodities, Inc. d/b/a SunGold Foods, Inc. (the "Company").
RECITALS
WHEREAS, the City and the Company entered into the Agreement on March 6, 2012; and
WHEREAS, the City and the Contractor hereby desire to reduce the number of required jobs
in the Agreement and to reduce the term of the Agreement; and
NOW THEREFORE, the City and the Contractor hereby amend the Agreement as follows:
AMENDMENT
1. The language in Section I on page 2 of the Agreement, entitled "Term," shall be replaced
with the following language:
"This Agreement shall commence on January I of the tax year after the required
improvements are substantially completed, and shall expire and be of no further
force and effect four (4) years after such date."
2. The language in Section 9 on page 3 of the Agreement, entitled "Job Creation," shall be
replaced with the following language:
"The Company agrees to create a minimum of thirty-one (3 1) jobs by December 3 1,
2013, and the Company agrees to maintain said jobs throughout the Term of this
Agreement."
3. The language in Section I I on page 4 of the Agreement, entitled "Portion of Tax Abated,"
shall be replaced with the following language:
"The City agrees to abate the Company's taxes referenced in this Agreement
throughout the Term of this Agreement according to the following schedule:
Year 1: 100%
Year 2: 80%
Year 3: 60%
Year 4: 40%19
4. This Amendment shall become effective upon its execution by the parties. The remainder
of the Agreement shall remain in full force and effect except as changed herein.
This Amendment shall become effective on this 27th day of October 2016.
ISignature Page to Followl
First Amendment to Tax Abatement Agreement — City of Lubbock & Red River Commodities, Inc. Page I
SIGNATURES
CITY OF LUBBOCK:
DANIEL M. POPE, MAYOR
ATTEST:
Reb tcca Garza, City.Secreta
APPROVED AS TO CONTENT:
Cheryl Brock, Executive Director of Budget
APPROVED AS TO FORM:
r
Justin itt, Assistlit City Attorney
RED RIVER COMMODITIES, INC.
d/b/a SUNGOLD FOODS, INC.:
AME (Signature)
'NAME (Printed)
First Amendment to Tnc Abatement Agreement— City of Lubbock & Red River Commodities, Inc. Page 2
"
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lull
Complete Nos. 1- 4 and 6 it there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-124288
SunGold Foods, Inc
Lubbock, TX United States
Date Filed:
10/14/2016
2 Name of governmenta entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the services, goads, or other property to be provided under the contract.
10688
Tax Abatement
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
PAULA MARTIN
Notaryot6Mic, Taft
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Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
�1AI 'n1
Sworn to and subscribed before me, by the said I � l i yi, O l W wS , this the
2o1(—, to certify which, witness my hand and seal of office.
` cj. f-k- day of O pa- ,
ULl�- - �1 / // / y—p- ✓
/Umrt�
Signature of oKeer dministering oath Printed name of officer administering oath Title of officer a roistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-124288
Date Filed:
10/14/2016
Date Acknowledged:
10/14/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
SunGold Foods, Inc
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the forms
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
10688
Tax Abatement
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Swom to and subscribed before me, by the said , this the day of ,
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
rorms proviaeu oy i exas tinics commission www.etnics.state.tx.us Version V1.0.277