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HomeMy WebLinkAboutResolution - 2000-R0111 - Tax Abatement Agreement - X-FAB Texas - 2301 N. University - 04_06_2000Resolution No. 2000R0111 April 6, 2000 Item No. 40 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to amend the February 24, 2000 Tax Abatement Agreement with X-FAB Texas to include tangible personal property in accordance with V.T.C.A. Tax Code Sections 312.204 and 312.208; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to amend the February 24, 2000 Tax Abatement Agreement with X-FAB Texas, to include tangible personal property, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 2301 N. University in the City of Lubbock, Lubbock County, Texas and further described as being all of Tract A, Texas Instruments Addition, an addition to the City of Lubbock according to the map, plat and/or dedication deed thereof, recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.) and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the City of Lubbock to Texas Instruments Incorporated, a Delaware corporation, recorded in Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 1143,Page 677, D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest corner of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 838, Page 211, D.R.L.C.T. THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at 10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said Lawson Addition; THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk monument found for the most Easterly Northeast corner of said Texas Instruments Addition and the Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M. 1264, variable width R.O.W.); r THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a 1/2 inch iron rod set for corner; THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a'/z inch iron rod set for corner in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83 deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for corner at the end of said curve; THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289, a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a curve to the left having a radius that bears South 05 deg. 45 min. 28 sec. East, a distance of 5879.65 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left, with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk monument found for corner at the end of said curve; THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop 289, a distance of 766.83 feet to a concrete Right-of-way marker found for corner; THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289, a distance of 266.20 feet to an aluminum disk monument found for corner; THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289, a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of said Texas Instruments Addition and the Southeast corner of a called 286.15 acre tract of land conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55, D.R.L.C.T.; THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas InstrumentsAddition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an aluminum disk monument found for the most Westerly Northwest corner of said Texas Instruments Addition; THENCE South 89 deg. 56 min. 05 sec. East, a distance of 100.19 feet to an aluminum disk monument found for an inside ell corner of said Texas Instruments Addition; 2 THENCE North 0 deg. 00 min. 05 sec. West, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest corner of the above mentioned abandoned Drake Street and continuing for a total distance of 766.65 feet to an aluminum disk monument found for the most Northerly Northwest corner of said Texas Instruments Addition and the Northwest corner of said abandoned Drake Street, on the South line of the above mentioned Block 1, Lubbock State School Addition; THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the POINT OF BEGINNING and containing 203.377 acres of land. Passed by the City Council this 6th day of April 2000. APPROVED AS TO CONTENT: .- r Richard Burdine, Assistant City Manager APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney NoticeRes March 27, 2000 Resolution No. 2000R01111 April 6, 2000 Item No. 40 EXHIBIT "A" NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO AMEND AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PERSONAL PROPERTY LOCATED AT 2301 NORTH UNIVERSITY AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS BEING ALL OF TRACT A, TEXAS INSTRUMENTS ADDITION, AN ADDITION TO THE CITY OF LUBBOCK ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THEREOF, RECORDED IN VOLUME 1363, PAGE 977, DEED RECORDS OF LUBBOCK COUNTY, TEXAS (D.R.L.C.T.) AND ALL OF THAT ABANDONED DRAKE STREET AS DESCRIBED BY CORRECTION QUIT CLAIM DEED FROM THE CITY OF LUBBOCK TO TEXAS INSTRUMENTS INCORPORATED, A DELAWARE CORPORATION, RECORDED IN VOLUME 1541, PAGE 329 D.R.L.C.T. (FURTHER DESCRIBED BY METES AND BOUNDS) BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 1143,Page 677, D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest corner of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 838, Page 211, D.R.L.C.T. THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at 10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said Lawson Addition; THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk monument found for the most Easterly Northeast corner of said Texas Instruments Addition and the Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M. 1264, variable width R.O.W.); THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a 1/2 inch iron rod set for corner; THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a % inch iron rod set for corner in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83 deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for corner at the end of said curve; THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289, a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a curve to the left having a radius that bears South 05 deg. 45 min. 28 sec. East, a distance of 5879.65 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left, with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk monument found for corner at the end of said curve; THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop 289, a distance of 766.83 feet to a concrete Right-of-way marker found for corner; THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289, a distance of 266.20 feet to an aluminum disk monument found for corner; THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289, a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of said Texas Instruments Addition and the Southeast corner of a called 286.15 acre tract of land conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55, D.R.L.C.T.; THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas InstrumentsAddition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an aluminum disk monument found for the most Westerly Northwest corner of said Texas Instruments Addition; THENCE South 89 deg. 56 min. 05 sec. East, a distance of 100.19 feet to an aluminum disk monument found for an inside ell corner of said Texas Instruments Addition; THENCE North 0 deg. 00 min. 05 sec. West, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest corner of the above mentioned abandoned Drake Street and continuing for a total distance of 766.65 feet to an aluminum disk monument found for the most Northerly Northwest corner of said Texas Instruments Addition and the Northwest corner of said abandoned Drake Street, on the South line of the above mentioned Block 1, Lubbock State School Addition; THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the POINT OF BEGINNING and containing 203.377 acres of land. Notice is hereby given that the City Council of the City of Lubbock intends to amend the February 24, 2000 Agreement with X-FAB Texas to abate taxes on improvements to property located within an enterprise zone created by Ordinance No. 9591 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute an amended contract between the City and X- FAB Texas for tax abatement, a copy of said Agreement is attached to this notice as Exhibit "B" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13'h Street, City of Lubbock, on the day of , 2000, at o'clock —.m. A: Notice of Intent.doc EXHIBIT "B" STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 2000-ROI11 April 6, 2000 Item No. 40 WHEREAS, the City of Lubbock and X-FAB Texas did heretofore on the 24' day of February, 2000, enter into a tax abatement agreement; and WHEREAS, the parties to said tax abatement agreement desire to amend said agreement to read as follows; NOW THEREFORE: This Amendment to the Tax Abatement Agreement of February 24, 2000, is made this day of , 2000, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and X- FAB Texas (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the-2flLday of December, 1999, an application for tax abatement for the renovation of an existing facility located at 2301 N. University, which is further described as being all of Tract A, Texas Instruments Addition, an addition to the City of Lubbock according to the map, plat and/or dedication deed thereof, recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.) and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the City of Lubbock to Texas Instruments Incorporated, a Delaware corporation, recorded in Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 1143,Page 677, D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest corner of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 838, Page 211, D.R.L.C.T. THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at 10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said Lawson Addition; THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk monument found for the most Easterly Northeast corner of said Texas Instruments Addition and the Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M. 1264, variable width R.O.W.); THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a 1/2 inch iron rod set for corner; THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a %Z inch iron rod set for corner in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83 deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for corner at the end of said curve; THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289, a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a curve to the left having a radius that bears South 05 deg. 45 min. 28 sec. East, a distance of 5879.65 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left, with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk monument found for corner at the end of said curve; THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop 289, a distance of 766.83 feet to a concrete Right-of-way marker found for corner; THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289, a distance of 266.20 feet to an aluminum disk monument found for corner; THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289, a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of said Texas Instruments Addition and the Southeast corner of a called 286.15 acre tract of land conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55, D.R.L.C.T.; THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas InstrumentsAddition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an aluminum disk monument found for the most Westerly Northwest corner of said Texas Instruments Addition; THENCE South 89 deg. 56 min. 05 sec. East, a distance of 100.19 feet to an aluminum disk monument found for an inside ell corner of said Texas Instruments Addition; THENCE North 0 deg. 00 min. 05 sec. West, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest corner of the above mentioned abandoned Drake Street and continuing for a total distance of 766.65 feet to an aluminum disk monument found for the most Northerly Northwest comer of said Texas Instruments Addition and the Northwest corner of said abandoned Drake Street, on the South line of the above mentioned Block 1, Lubbock State School Addition; THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the POINT OF BEGINNING and containing 203.377 acres of land. WHEREAS, upon review of the above application it was determined that the facilities will be located in the North Enterprise Zone designated by the City in Ordinance No. 9591 covering the above described property; and WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Selected Taxing Units Within Lubbock County was heretofore adopted by Resolution No. 6515 of the City Council of the City of Lubbock; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines as set forth in the Guidelines and Criteria Governing Tax Abatement for Selected Taxing Units Contained Within Lubbock County, said guidelines having been adopted by Resolution No. 6515 of the City on September 23, 1999, and WHEREAS, the City did pass Ordinance No. 9591 creating an enterprise zone for commercial and industrial tax abatement, said zone including the property described as all of Tract A, Texas Instruments Addition, an addition to the City of Lubbock according to the map, plat and/or dedication deed thereof, recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.) and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the City of Lubbock to Texas 3 Instruments Incorporated, a Delaware corporation, recorded in Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 1143,Page 677, D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest corner of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 838, Page 211, D.R.L.C.T. THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at 10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a total distance of 139.91 feet to an aluminum disk monument found for the Southwest comer of said Lawson Addition; THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk monument found for the most Easterly Northeast corner of said Texas Instruments Addition and the Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M. 1264, variable width R.O.W.); THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a 1/2 inch iron rod set for corner; THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a'/z inch iron rod set for corner in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83 deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for corner at the end of said curve; THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289, a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a curve to the left having a radius that bears South 05 deg. 45 min. 28 sec. East, a distance of 5879.65 feet; 4 I 1i 1 i a THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left, with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk monument found for corner at the end of said curve; THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop 289, a distance of 766.83 feet to a concrete Right-of-way marker found for corner; THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289, a distance of 266.20 feet to an aluminum disk monument found for corner; THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289, a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of said Texas Instruments Addition and the Southeast corner of a called 286.15 acre tract of land conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55, D.R.L.C.T.; THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas InstrumentsAddition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an aluminum disk monument found for the most Westerly Northwest corner of said Texas Instruments Addition; THENCE South 89 deg. 56 min. 05 sec. East, a distance of 100.19 feet to an aluminum disk monument found for an inside ell corner of said Texas Instruments Addition; THENCE North 0 deg. 00 min. 05 sec. West, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest corner of the above mentioned abandoned Drake Street and continuing for a total distance of 766.65 feet to an aluminum disk monument found for the most Northerly Northwest corner of said Texas Instruments Addition and the Northwest corner of said abandoned Drake Street, on the South line of the above mentioned Block 1, Lubbock State School Addition; THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the POINT OF BEGINNING and containing 203.377 acres of land. WHEREAS, V.A.T.C., Tax Code, Sec. 312.2011 provides that designation as an enterprise zone constitutes designation as a reinvestment zone without further action; and WHEREAS, the application received by City from Company is an application for the renovation of an existing facility; and WHEREAS, V.A.T.C., Tax Code, Sec. 312.002 specifically states that such a purpose is to be included in the guidelines for tax abatement and to be eligible for such treatment; and WHEREAS, Section IV of the Guidelines and Criteria governing Tax Abatement for selected taxing units contained within Lubbock County adopted by the City Council by Resolution No. 6515 does recognize renovation of an existing facility as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria Governing Tax Abatement, as adopted by Resolution No. 6515, have been met by Company; and WHEREAS, the location of the facility and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this Agreement for all purposes; and NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: SECTION 1. Term. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 2000, and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real property shall be paid in accordance with the assessed value of such property for the base year. Base year taxes upon the real property are thus not abated. SECTION 4. Abatement of Increase in Base Year Tax. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Proper Ineligible for Tax Abatement. The property described and set forth in Section IV(6) of the Guidelines and Criteria Governing Tax Abatement for selected taxing units contained within Lubbock County and heretofore adopted by the City Council by Resolution No. 6515 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. 6 SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from taxation, in accordance with Section 4 above, the following properties: (a) All proposed new improvements to be placed upon all of Tract A, Texas Instruments Addition, an addition to the City of Lubbock according to the map, plat and/or dedication deed thereof, recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.) and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the City of Lubbock to Texas Instruments Incorporated, a Delaware corporation, recorded in Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 1143,Page 677, D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest corner of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or dedication deed thereof, recorded in Volume 838, Page 211, D.R.L.C.T. THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at 10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said Lawson Addition; THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk monument found for the most Easterly Northeast corner of said Texas Instruments Addition and the Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M. 1264, variable width R.O.W.); THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a 1/2 inch iron rod set for corner; THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a %Z inch iron rod set for corner in the 7 North Right-of-way of Loop 289 at the beginning of a curve to the right having a radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83 deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for comer at the end of said curve; THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of- way of said Loop 289, a distance of 833.14 feet to an aluminum disk monument found for comer at the beginning of a curve to the left having a radius that bears South 05 deg. 45 min. 28 sec. East, a distance of 5879.65 feet; THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left, with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk monument found for corner at the end of said curve; THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of- way of said Loop 289, a distance of 766.83 feet to a concrete Right-of-way marker found for corner; THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of- way of said Loop 289, a distance of 266.20 feet to an aluminum disk monument found for comer; THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of- way of said Loop 289, a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of said Texas Instruments Addition and the Southeast comer of a called 286.15 acre tract of land conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55, D.R.L.C.T.; THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas InstrumentsAddition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an aluminum disk monument found for the most Westerly Northwest corner of said Texas Instruments Addition; THENCE South 89 deg. 56 min. 05 sec. East, a distance of 100.19 feet to an aluminum disk monument found for an inside ell comer of said Texas Instruments Addition; THENCE North 0 deg. 00 min. 05 sec. West, along the West line of said Texas Instruments Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest comer of the above mentioned abandoned Drake Street and continuing for a total distance of 766.65 feet to an aluminum disk monument found for the most Northerly Northwest comer of said Texas Instruments Addition and the Northwest comer of said abandoned Drake Street, on the South line of the above mentioned Block 1, Lubbock State School Addition; THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the POINT OF BEGINNING and containing 203.377 acres of land. (b) All eligible tangible personal property, owned by the company, placed in or upon the property set forth in Exhibit "A", which does not include any equipment and personal property owned by Company and already located in the existing facility. (c) It is further understood that all items affixed to the new improvements placed upon the real property identified in Exhibit "A" including machinery and equipment shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. SECTION 7. Economic Qualification. It is hereby found by the City that Company will expend funds in excess of the funds necessary to qualify for tax abatement by renovating an existing facility, all as set forth in Section IV(3)(a) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 6515. SECTION 8. Value of Improvements. Company intends to expend approximately two million five hundred thousand (2,500,000) dollars in renovating the facility and approximately four million six hundred thousand (4,600,000) on machinery and equipment to be located within the enterprise zone created by Ordinance No. 9591. SECTION 9. City Access to Property. Company covenants and agrees that City shall have access to the property, which is the subject matter of this Agreement, upon reasonable notice and during normal business hours, and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the terms and conditions of Company's application for tax abatement, attached as Exhibit "A", and this Agreement. SECTION 10. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate taxes on eligible property according to the following schedule. 9 Real Property Year 1: 100% Year 6: 50% Year 2: 90% Year 7: 40% Year 3: 80% Year 8: 30% Year 4: 70% Year 9: 20% Year 5: 60% Year 10: 10% Tangible Personal Year 1: Pronertv 100% Year 6: 0% Year 2: 80% Year 7: 0% Year 3: 60% Year 8: 0% Year 4: 40% Year 9: 0% Year 5: 20% Year 10: 0% SECTION 12. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth, and shall expire ten (10) years after such date. SECTION 13. Type of Improvements. The Company proposes to renovate an existing facility as described in Exhibit "A". The Company fin ther states that the proposed improvements to the property above mentioned shall commence on the 9th day of December, 1999, and shall be completed within approximately eighteen (18) months from said date. The Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such improvements and such consent shall not unreasonably be withheld. SECTION 14. Drawings of I provements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 15. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the enterprise zone during the term of this agreement. SECTION 16. Recants. The Company agrees to be bound by and comply with all the terms and provisions for recapture of abated taxes in the event of default by Company pursuant to law and as set forth in Guidelines and Criteria for Tax Abatement adopted by Resolution No. 6515 of the City Council of the City of Lubbock. 10 SECTION 17. Certification. The Company agrees to certify annually to the governing body of each taxing unit that the owner is in compliance with the terms of the Agreement. SECTION 18. Co fiance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. SECTION 19. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK City Manager P.O. Box 2000 Lubbock, Texas 79457 X-FAB TEXAS Donald C. Meinkoth 2301 N. University Lubbock, TX SECTION 20. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as it has been finally passed and approved. EXECUTED this day of , 2000. X-FAB TEXAS CITY OF LUBBOCK A Municipal Corporation DONALD C. MEINKOTH WINDY SITTON PRESIDENT MAYOR ATTEST: ATTEST: Secretary Kaythie Darnell City Secretary MVED AS TO CONTENT: Richard Burdine Assistant City Manager 11 CB: March 14, 2000 X-FABagreement FORM: D6-fiald G. Vandiver First Assistant City Attorney 12 Resolution No. 2000-ROI11 EXHIBIT "A" April 6, 2000 Item No. 40 X-FAB Texas, Inc. Business Expansion Roadmap X-FAB Texas currently has an installed equipment base and a forecasted product demand from our customers which will allow us to achieve a monthly output of 10,000 6-inch semiconductor wafers by December of 2000. Due to the capacity constraints on worldwide semiconductor manufacturing, X-FAB Texas has been approached with numerous additional business opportunities within the last few months. The X-FAB Texas management team believes it is the appropriate time to expand the manufacturing capacity to take advantage of the current worldwide capacity shortfall. As a result the following two-phase roadmap summarizes the timing and the additional personnel and equipment resources needed to expand the production capacity that is currently in place. AS Description: Expand the monthly capacity from 10,000 wafers to 20,000 wafers to meet a long-range demand for a specific customer. Timing: February 2000 to DEC 31 2000. Capital required for equipment purchase and installation: $4,600,000.00 to $12,000,000.00 Personnel Additions: 85 Positions required: Engineering, Technical, Production and Administrative. PHASE2 Description: Install an additional monthly capacity of 8000 specialized wafers to meet a specific long-term customer demand. Timing: JAN 1 2001 to 1 ST Quarter 2002. Capital required for equipment purchase and installation: $6,600,000.00 to $8,000,000.00 Personnel Additions: 90 Positions required: Engineering, Technical and Production. APPLICATION FOR INDUSTRIAL TAX ABATEMENT IN LUBBOCK COUNTY FILING INSTRUCTIONS: ,Z µ g s xY. This . application-shouidM' be filed'!,at least .NINETY (80) QAYS ; pnor to „the nticiipated Commencement of construction of Improvements or the installation of ° equipment. Is: aRt�licatlan rrlust, be submitted to the aan roarlate taxing„j�risdiotian before any construction tiegins~ b be eligibW for, tak ab tement This filing acknowledges familiarity;"and assumed` conformance with-�GUJDII.INES4sAND4 CRITERIA GOVERNING :TAX ABATEMENT. F0R SELECTED TAXING UNITS CONTAINEDWITHI14 LUMOCK, COUNTr' (Copy 'attached), . This application will become apart of any later.;agreement_or cur tract;'and ki awingly false representations thereon will be grounds forthe voiding of any later �agreement orcontrac ORIGINAL COPY OF THIS APPLICATION AND ATTACHMENTS SHOULD BE SUBMITTED TO: City of Lubbock Business Development Department P.O. Box 2000 1625 le Street Lubbock, TX 79457 (806) 775-2980 Applicants Representative on this project: Ed Pascasio Name: Ed Pascasio Address: 2301 N. University Avenue Phone: (806) 747-4400 Ext, 2183 Type of Ownership: (X ) Corporation () Partnership () Proprietorship Total Current Number Employees: 147 Corporate Annual Sales Per Year: 1999 act 3.2M : 2000 Plan - $ 26.7M Annual Report Submitted? ( ) Yes (X) No F ILENAME r evised phase 1 tax abatement Industrial Tax Abatement Application Page 2 Section II - FACILITY INFORMATION Place a check mark in the box on those statements which are applicable to your company : (a) This application is for a: ( ) New Facility (X) Expansion ( ) Modernization (b) Is the company a producer, manufacturer or distributor of goods and services of which 50 percent or more are distributed outside of Lubbock ?(If yes, provide documentation as Attachment 1) (X ) Yes ( ) No (c) Check the following target industry which is applicable to your company (X) Manufacturing Facility: Electronics/Electrical/Assembly, Semiconductor Fabrication () Value-added Agricultural Production including Food Processing and Machinery () Med Tech Research/Manufacturing/Assembly () Aviation/Avionics Production/Rehab () Warehouse/Distribution () Corporate Headquarters of a Regional/National Service Center () The project is not included in the above target industries, but has the potential of generating additional significant economic development opportunities in Lubbock. (Provide documentation) (d) (X) The existing facility to be modernized or expanded or the property where the new facility is to be built is located in a designated Enterprise Zone. (e) (X) New Company to Lubbock ( ) Existing Company (f) If New Company checked, which of the following statements apply to the project: ( ) The project will add at least $1 million in real estate assessed valuation (X) The project will add at least $2 million of personal property assessed valuation (X) The project will add at least 25 new permanent jobs (g) If Existing Company checked, which of the following statements apply to the project: () The project will add at least $500,000 in real estate assessed valuation () The project will add at least $1 million of personal property assessed valuation () The project will add at least 20 new permanent jobs (h) Address of proposed facility: 2301 N. University Avenue, Lubbock. TX 79415 (i) Legal description of proposed facility: See attached Q) The proposed facility is located in: School District: Not Applicable City: Lubbock (k) Describe product or service to be provided: Expand monthly capacity by 10,000 6 inch semicond ctor wafers Industrial Tax Abatement Application Page 3 Section III - FACILITY DESCRIPTION Please attach the following: Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). (b) A descriptive list of the improvements for which tax abatement is requested, including: (1) description of construction and location of all proposed improvements of the Real Property or Existing Facility, and; (2) list of new equipment and cost of the equipment. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. (d) A proposed time schedule for undertaking and completing the proposed improvements. Attachment 3 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. (b) A statement of the assessed value of the•Real Property, Facility or Existing Facility for the base year (attach tax assessment for property from the Lubbock Central Appraisal District). Section IV - ECONOMIC IMPACT INFORMATION Part A — Current Investment In Existing Improvements: $ 40,098,230 Part B — Permanent Employment Estimates: (1) (2) (3) If existing facility, what is the current plant employment: 147 (X-FAB Texas only) Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs: 85 Time Frame: Eleven months Opening of improvements: (Month) Jan of (Year) 2001. Part C — Permanent Payroll Estimates: (1) If existing facility, what is the current plant payroll _$ 5,700,000,00 (Annualized) (2) Estimated amount of new payroll : $ 2.250.000 (Annualized) Industrial Tax Abatement Application Page 4 Part D — Construction and Employment Estimates: (CHANGES TO PHYSICAL PLANT APPROVED BY COUNCIL ON FEBRUARY 28, 2000) (1) Construction start: Month Year (2) Number of construction jobs: At Start _ Peak Finish (3) Number of man-years: _ Part E — School District Impact Estimates: Give Estimated number of: Families transferred to area: Q Children added to ISD's: Q Part F — City Impact Estimates: (1) Volume of treated water required from City Increase of 100000 gallons per day. (2) Volume of effluent to be treated by City Increase of 100000 gallons per day. (3) Please provide a statement on planned water and sewer treatment methods, and disposal of effluent if the facility is to be located outside City systems. Not Applicable. (4) Has permitting been started? ( )Yes ® No Part G — Estimated Appraised Value on Site: LAND Value of Existing Facility Before New Construction (From Central Appraisal District) $938,804 Value of New Improvements NA PERSONAL IMPROVEMENTS PROPERTY $27,137,430 $15.460.800' Estimated Total Value After Improvements $938,804 $31.737.430 $15.460.800 NOTE: CONTAINS $2,500,000 OF IMPROVEMENTS CURRENTLY BEING COMPLETED. THESE IMPROVMENTS WERE PART OF A DIFFERENT TAX ABATEMENT APPLICATION. Part H — Variance: (a) is a variance being sought under Section IV 9(d) of the "Guidelines"? () Yes (X) No (b) If "Yes", attach any supplementary information required. Section V - OTHER AGREEMENT APPLICATIONS Industrial Fax Abatement Application Page 5 (a) Has applicant made application for abatement of this facility by other taxing jurisdictions or counties? [ ] Yes [X] No (b) If 'Yes", please provide: (1) Dates of Application: (2) Hearing Dates: (3) Name of Jurisdiction(s): (4) Name of Contact(s): (4) Attach any letters of intent to abate. Section Vi- i3ECLARATION To the best of my knowledge, the above information is an accurate description of project details. Company Official kignature Donald C. Meinkoth Printed Name of Company Official President Title of Company Official ATTACHMENT 1 YEAR 2000 PRODUCT DISTRIBUTION PROFII.E LOCATION % OF REVENUE DALLAS, TEXAS 13% AUSTRIA 100/0 CALIFORNIA 21% BELGIUM 56% A) EXPANSION OF SEMICONDUCTOR WAFER FAB LOCATED AT 2301 N. UNIVERSITY AVEUNE. B) BELOW IS THE LIST OF POTENTIAL EQUIPMENT NEEDS EQUIPMENT QTY TOTAL VALUE -LAM 4420 ETCHER 2 $ 300,000 -AST 2000/2800 RTP 2 $ 850,000 -CANON I-3 STEPPER 5 $1,500,000 -ENDURA SPUTTER 3 $4,000,000 -E-500 VARIAN IMPLANTER 2 $1,900,000 -TEL-MARK V COATER 1 $ 250,000 -TEL-MARK V DEVELOPER 1 $ 250,000 -DAI NIPPON SOG SYSTEM 1 $1,000,000 -BRANSON ASHER L3100 3 $ 75,000 -NOVELLUS CONCEPT I/ CVD 2 $ 500,000 -DISCO GRINDER 1 $ 100,000 -LIS WAFERMARK II 1 $ 40,000 -LDCVD FURNACE STACK 1 $ 150,000 -TCP 9600 ETCHER 2 $1,000,000 -FSI SATURN 1 $ 20,000 -LAM 4520 ETCHER 1 $ 250,000 -TUNGSTEN PLUG 1 $2,000,000 -SEZ BACKSIDE ETCH I $ 200,000 -GSD IMPLANTER 1 $1,000,000 -ORIENTER/DEGASSER 1 $ 100,000 -ATMOS FURNACE STACK 1 $ 200,000 C) TANGIBLE PERSONAL PROPERTY LIST ATTACHED. D) THE PROPOSED ACQUISITON AND INSTALLATION OF EQUIPMENT IS PLANNED TO BEGIN IN FEBRUARY 2000 AND WILL BE COMPLETED BY JUNE 2001. V I I V V V v'T - V'j a Ift litVitS 44 If%A VAIL I IV w1wvw171vAAjdv4'vvvvv A vvil; VVL. 1999 TAX -STAMMENT STATEMENT NO. WMA AIAKE CHECKS PAYABLE TO: PAYABLE UPON RECEIPT LU013OCK Central Appral5al DistriCt XREF ID t 00809290 P.O. BOX 10568 - 1715 26TH ST. PROPERTY :P90062 F F M & E LUBBOCK, TEXAS 79408-3568 INV, DBA: TEXAS IRSTr SITUS: (806) 762-5000 EXT. 503 2301 N UNIVERSITY AVE 74219 TEXAS INSTRUMENTS INC PO BOX 650311 K/S 3998 DALLAS, TX 75265 1647507.311 TO RECEIVE A RECEIPT CHECK BOX PLEASE Rk7L*W "US PORTION WrTif PAYAWRY OWrAW TWS P=10N RX YOUR AE001W 1999 TAX STATEMENT STATEMENT NO. VALUATION BREAKDOWN VALAXIOSr TAXAUZ • Lim -xo LUBBOCK ISD 7,137,430 PC 633 700 6,503,730 1.565000 414,783.37 CITY 01 F LUBBOCK 7,137430 PC 6 633,700 ,503,730 0.580000 3-,7Z1.6 HI PLAINS WATER 7,137,430 PC 633,700 6 503 730 0.008600 2,226.31_ LUBB CHTY HOSPITAL ,n7,13 ,4381PC 633,700 6,503,73010.098000 F5,968.35 1,UBBOCK COUNTY I P-7,137,4301PC 633,700 96,503,73010.191700 fi0,807.65 CITY TAKES REDUCED BY ADDITIONAL SALES TAX: $11,908-13 CQ= rAXrg RPnTTCFn AY AT1nTTTnWAT, ART.r-g TAX! S19,27S.Aft DAVE KIMBROUGH PROPERTY tP90062 F F M L E INV# DBA: TEXAS INST, SITUS2 2301 N UNIVERSITY AVE 76219 TEXAS INSTRUMENTS INC PO BOX 650311 HIS 3998 DALLAS, TX 75265 PAYMENT SCHEDULE 'T OCT 0 1 0.00 647507.31 NOV 0.00 647507.31 DEC 03 0.00 647507-31 JAN 1 0% 0.00 647507.31 FEB 1 7% 45325.50 692832-81- V" 9% 58275.66 705782.97 APR 11% 71225.81 718733.12 MAY 13% 84175.961 731683.27� JUN 1 15% 97126.091 744633.40 �cmuw m*-ca"WIL� T'Ii=MM"Tr IF YOU HAVE OUESTIONS PLEASE CALL (806) 762-6000. TAXES BECOME DELINQUENT ON FEBRUARY 1. AFTER JUNE AN ADDITIONAL PENALTY OF IS% MAY BE IMPOSED ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL 1% PENALTY AND INTEREST WILL BE APPLIED. APPLICATION FOR ,DUSTRIAL TAX ABATEMENT IN JBBOCK COUNTY FILING INSTRUCTIONS: This application should be filed at least NINETY. (90) DAYS prior to the anticipated- commencement of construction of improvements or, the Installation of equipment. This application must be submitted to the appropriate taxing jurisdiction before any construction begins to be eligible for tax abatement. This filing acknowledges familiarity and assumed conformance with "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR SELECTED TAXING UNITS CONTAINED WITHIN LUBBOCK COUNTY" (Copy attached). This application will become a part of any later agreement or contract, and knowingly false representations thereon will be grounds for the voiding of any later agreement or contract. ORIGINAL COPY OF THIS APPLICATION AND ATTACHMENTS SHOULD BE SUBMITTED TO: City of Lubbock Business Development Department P.O. Box 2000 1625 13"' Street Lubbock, TX 79457 (806) 775-2980 Section I — APPLICANT INFORMATION Date of Application: 12/06/99 Applicant Name: Donald Meinkoth Company Name: X-FAB Texas, Inc. Address: 2301 N. University Avenue Phone: (806) 747-4400 Ext. 3314 Fax: (806) 747-3311 Applicants Representative on this project: Sid Friend Name: Sid Friend Address: 2301 N. University Avenue Phone: (806) 747-4400 Ext. 2232 Type of Ownership: [X ] Corporation [ ] Partnership [ ] Proprietorship Total Current Number Employees: 129 Corporate Annual Sales Per Year: 1999 Est. - $ 3.1 M ; 2000 Plan - $ 26.3M Annual Report Submitted? [ ] Yes [X] No TAX ABATEMENT APPLICATION.rtf Industrial Tax AbatementAppllcation Page 2 Section 11 FACILITY INFORMATION Place a check mark in the box on those statements which are applicable to your company: (a) This application is for a: [ ] New Facility [ ] Expansion [ X] Modernization (b) Is the company a producer, manufacturer or distributor of goods and services of which 50 percent or more are distributed outside of Lubbock ?(If yes, provide documentation as Attachment 1) [X ] Yes [ ] No (c) Check the following target industry which is applicable to your company [X] Manufacturing Facility: Electronics/Electrical/Assembly, Semiconductor Fabrication [ ] Value-added Agricultural Production including Food Processing and Machinery [ ] Med Tech Research/Manufacturing/Assembly [ ] Aviation/Avionics Production/Rehab [ ] Warehouse/Distribution [ ] Corporate Headquarters of a Regional/National Service Center [ ] The project is not included in the above target industries, but has the potential of generating additional significant economic development opportunities in Lubbock. (Provide documentation) (d) [X] The existing facility to be modernized or expanded or the property where the new facility is to be built is located in a designated Enterprise Zone. (e) [ ] New Company to Lubbock [X] Existing Company (f) If New Company checked, which of the following statements apply to the project: [ ] The project will add at least $1 million in real estate assessed valuation [ ] The project will add at least $2 million of personal property assessed valuation [ ] The project will add at least 25 new permanent jobs (g) If Existing Company checked, which of the following statements apply to the project: [X] The project will add at least $500,000 in real estate assessed valuation [ ] The project will add at least $1 million of personal property assessed valuation [ ] The project will add at least 20 new permanent jobs (h) Address of proposed facility: 2301 N. University Avenue, Lubbock, TX 79415 (i) Legal description of proposed facility: See attached 0) The proposed facility is located in: School District: Not Applicable City: Lubbock (k) Describe product or service to be provided: Perform Tenant -directed leasehold improvements to update and renovate space to leasable condition. Industrial Tax Abatement application Page 3 Section III --FACILITY DESCRIPTION Or Please attach the following: Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). (b) A descriptive list of the improvements for which tax abatement is requested, including: (1) description of construction and location of all proposed improvements of the Real Property or Existing Facility, and; (2) list of new equipment and cost of the equipment. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing. facility. (d) A proposed time schedule for undertaking and completing the proposed Improvements. Attachment 3 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. (b) A statement of the assessed value of the Real Property, Facility or Existing Facility for the base year (attach tax assessment for property from the Lubbock Central Appraisal District). Section IV - ECONOMIC IMPACT INFORMATION Part A — Current Investment In Existing Improvements Part B — Permanent Employment Estimates: (1) (2) (3) $ 12,960,800.00 If existing facility, what is the current plant employment: 129 (X-FAB Texas only) Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs: 700 to 600 (Tenant Employees) Time Frame: Eighteen months Opening of improvements: (Month) June Part C — Permanent Payroll Estimates: of (Year) 2000. (1) If existing facility, what is the current plant payroll: $ 5,700,000.00 (Annualized for X-FAB Texas only) Industrial Tax Abatement Application Page 4 (2) Estimated amount of new payroll: $ 16,000,000.00 (Tenant additions per Market Lubbock, Inc.) Part D — Construction and Employment Estimates: (1) Construction start: Month December Year 1999. (2) Number of construction jobs: At Start 4 Peak 50 Finish 10 (3) Number of man-years: 16.6 Part E — School District Impact Estimates: Give Estimated number of: Families transferred to area: 150 (Tenant transfers per Market Lubbock, Inc.) Children added to ISD's: 50 (Tenant additions per Market Lubbock, Inc.) Part F — City impact Estimates: (1) Volume of treated water required from City Increase of 4000 gallons per day. (2) Volume of effluent to be treated by City Increase of 4000 gallons per day. (3) Please provide a statement on planned water and sewer treatment methods, and disposal of effluent if the facility is to be located outside City systems. Not Applicable. (4) Has permitting been started? 0 Yes ® No Part G — Estimated Appraised Value on Site: LAND Value of Existing Facility Before New Construction (From Central Appraisal District) $938,804 Value of New Improvements NA Estimated Total Value After Improvements $938,804 PERSONAL IMPROVEMENTS PROPERTY $27,137,430 $12,960,800 Part H —Variance: (a) Is a variance being sought under Section IV 9(d) of the "Guidelines"? (b) If "Yes", attach any supplementary information required. 0 _ $2,500,000 $27,137,430_ $15,460,800 [ ] Yes [X] No Industrial Tax Abatement Application Page 5 Section V - OTHER AGREEMENT APPLICATIONS (a) Has applicant made application for abatement of this facility by other taxing jurisdictions or counties? [ ] Yes [XI No (b) If "Yes", please provide: (1) Dates of Application: (2) Hearing Dates: (3) Name of Jurisdiction(s): (4) Name of Contact(s): (4) Attach any letters of intent to abate. Section VI - DECLARATION To the best of my knowledge, the above information is an accurate description of project details. Company Offid6T Si nature Donald C. Meinkoth Printed Name of Company Official President Title of Company Official I , I A) RENOVATION OF SPACE LOCATED AT 2301 N. UNIVERSITY AVENUE, LUBBOCK, TEXAS. B) THE FOLLOWING IS THE LIST OF PROPOSED IMPROVEMENTS: 1) MODIFY MODULES C, D, & E TO HOUSE A CALL CENTER OPERATION 2) MODIFY MAIN LOBBY 3) CONSTRUCT AN AREA FOR A DAY CARE CENTER IN MODULE B 4) RECARPET AND REPAINT MAIN SPINE 5) CONSTRUCT NEW VISITORS LOBBY AT THE SOUTH END OF THE FACILITY 6) MODIFY MODULE A WAREHOUSE PER TENANT REQUIREMENTS C) TANGIBLE PERSONAL PROPERTY LIST - ATTACHED. D) THE PROPOSED CONSTRUCTION IS PLANNED TO BEGIN IN DECEMBER 1999, AND WILL BE COMPLETED BY JUNE 2002. O 0 co to X-FAB TEXAS X-FAB TEXAS - LUBBOCK Fit ee�ses® � r.rae SPACE �m®eeeee 0 0 ♦� 0 0 0� eeo LOT 3 ooa eaeeoe 0 0 N 0 0 O E 324 SPACES LOT 2 0 0 0 0 0 �oeeeooems ems e 525 SPACES ca.rTn. e o ®o o e O A .: F=3 0 0 F 0 LOT 1 0 512 SPACES O v UNIVERSITY AVENUE X-FAB TEXAS - LUBBOCK, TX LEGEND RR - REST ROOM X VAULT�MER — - FENCE - PIPE RAC( �;';:^•„;:� PROPOSES -PROJECTS 260' 30' 0 -T130 N DATE: 02-12-99 1999 TAX STATEMENT' STATEMENT NO. OSS952 MAKE CHECKS PAYABLE TO. PAYABLE UPON RECEIPT Lubbock Central Appraisal District XREF ID :.00551986 P.O. BOX 10568 - 1715 26TH ST. PROPERTY :R39313 TEXAS LUBBOCK, TEXAS 79408-3568 INSTRUMENTS TR A & CLOSED (806) 762-5000 EXT. 503 STREET , SITUS: 2301 N UNIVERSITY AVE TO RECEIVE A RECEIPT CHECK BOX 19L721 X FAB TEXAS INC I�������W���®m��� 2301 N UNIVERSITY AVE LUBBOCK, TX 79415-1717 339578.441 PLEASE RETURN THIS PORTION WITH PAYMEW REWN THfS PORTION MR YOUR RECORDS 1999 TAX STATEMENT STATEMENT NO. 103811 VALUATION BREAKDOWN iii...................... 01 938,8041 01 0 1 -0 L2,9601800 113,899,604 .... ........ - . ..... ......... .......... VAUrE LOST. ss�t rAL .. .... .. LUBBOCK ISD 0 t899,604 13,899,604, 0 .3,899,604 I-565000 7,526.80 CITY OF LUBBOCK 0 3,899,604 0 .3,8 9,604 0.580000 0,617.70 HI PLAINS WATER 0 3,899,604 0 .3,899,606 0.008400 1,167.57 LUBB CHTY HOSPITAL, 0 0 3,899,60410.098000 3,618.83 LUBBOCK COUNTY 1 0 M899,6041 0 13,899,60410.191700 645.54 CITY TAXES REDUCED BY ADDITIONAL SALES TAX: COTT= T-AXr!!Iq RFnTIrrn IRY AnnT'rTQ1TAT. SATrl; TAX! g2n,597.82 $6,245.09 DAVE KIMBROUGH JAN 1 OWNER: TEXAS INSTRUMENTS INC PROPERTY :R39313 TEXAS INSTRUMENTS TR A & CLOSED STREET , SITUS: 2301 N UNIVERSITY AVE 191721 X FAB TEXAS INC 2301 N UNIVERSITY AVE LUBBOCK, TX 79415-1717 PAYMENT SCHEDULE 0... T OCT 0% 0.00 339578.44 NOV 0% 0.00 339578.44 DEC 0% 0.00 339578.44 JAN 0% 0.00 339578.44 FEB 7% 23770.80 363348.94 MAR 9% 30562.06 370140.50. APR 11% 37353.63 376932.07 MAY -� 13% 44145 19 383723.63 t 15% 5v9—;9--*;-if390515.22 7MIS :y OUR I X: % 1: is ONOVER 65 IF YOU HAVE QUESTIONS PLEASE CALL (806) 762-6000. TAXES BECOME DELINQUENT ON FEBRUARY 1. AFTER JUNE AN ADDITIONAL PENALTY OF 16% MAY BE IMPOSED ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL I % PENALTY AND INTEREST WILL BE APPLIED. OCT 12 '99 14:08 FR SBC TAX 210 351 3960 TO 88067494501 P.02/02 M9eherle A. 71 u SBC Cmrmanimtlanz I= colp�tc Manager - 175 E.IIoustan satwS4.c6 slate A local ra =I&va and Ala m San Antn"Term 78403 210 35] 3920Office 210-351-3M Fax October 12, 1999 Mr_ Wayne Boring Director Economic Development Market Lubbock, inc. 1301 Broadway, Suite 200 Lubbock, Texas 7SQ1 Dear Mr. Boling: Pursuant to our recent discussions regarding Southwestern Sell's (SWB) desires to expand its operations in West Texas, specifically In Lubbock, the purpose of this letter Is to request economic incentives from Market Lubbock, Ina to assist In financing this proposed project. Southwestern Bell is proposing to open a Customer Care Center in Lubbock that will employ more than 800 permanent employees over the next three years. We have identified s facility located at 2301 N. University in Lubbock, which meets the space and infrastructure requirements of our proposed project. We are currently in the process of negotiating lease terns with the property owner. SWB expects to invest more than $8 mrHon in building and Infrastructure Improvements, fumdurefibctunes and expenses at that location. SWB's expansion in Lubbock will provide positive Impact by stimulating local businesses, increasing real and property tax values and Increasing annual earnings, and therefore spending, in Lubbock In consideration of the above -mentioned facts and In accordance with the Market Lubbock policy. Southwestern Beil is requesting a financial grant cf $1.2 million equal to $10,000 for each of the120 full-time positions that vAll be created at that location with an annual salary of $25,000 or above. In addition, SWB will request that the Lubbock Office of Business Development submit a recommendation to the State for Enterprise Zone Project status for this property located within the North Enterprise Zone. This enterprise zone project wilt aliow SWB to qualify for other economic incentives such as, property tax incentives, sales tax refunds and development fee rebates. Southwestern Bell Is committed to Lubbock and these tax incentives are essential to our continued investment and increased employment in Lubbock. Texas_ Thank you for your time and consideration in this matter. 1 look forward to yourvnitten response reflecting Market Lubbock's offer for assistance. Please do not hesitate to call me with any questions at (210) 351-3920. Sincerely, Michelle A. Thomas Corporate Manager— State & Local incentives and Legislation CC: Kevin G. Walker, Office of Business Development STATEMENT OF ADDITIONAL VALUE FROM DECEMBER OF 1999 THROUGH JUNE 2002, X-FAB TEXAS, INC. WILL BE RENOVATING THE FACILITY LOCATED AT 2301 N. UNIVERSITY AVENUE, LUBBOCK, TEXAS TO BRING PORTIONS OF THE FACILITY INTO LEASABLE CONDITION. DURING THIS RENOVATION, X-FAB TEXAS, INC. HAS PLANS TO INVEST $2,500,000.00 ON THE FOLLOWING LIST OF PROPOSED IMPROVEMENTS: 1) MODIFY MODULES C, D, & E TO HOUSE A CALL CENTER OPERATION 2) MODIFY MAIN LOBBY 3) CONSTRUCT AN AREA FOR A DAY CARE CENTER IN MODULE B 4) RECARPET AND REPAINT MAIN SPINE 5) CONSTRUCT NEW VISITORS LOBBY AT THE SOUTH END OF THE FACILITY 6) MODIFY MODULE A WAREHOUSE PER TENANT REQUIREMENTS