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HomeMy WebLinkAboutResolution - 2002-R0498 - Tax Abatement Agreement With Frito Lay - 11_14_2002Resolution No,2002-0498 November 14, 2002 Item No. 42 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Frito Lay; 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 enter into a Tax Abatement Agreement with Frito Lay, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on properties located at 3203 Avenue B (3302 Avenue A, 211 291h Street, 3206 Avenue A, 3104 Avenue A), 3102 Avenue B, 210 31" Street, 212 31" Street, 208 31 st, 206 31" Street, 225 30th Street, 221 30th Street, 219 30th Street and 213 30th Street in the City of Lubbock, Lubbock County, Texas and which is further described as Tract A, E & D Burlington Industrial Addition; Tract B and South 59.89' of Tract C Burlington Industrial Addition; Mid 120' of Tract C Burlington Industrial Addition; Tract A Ruffles Addition; Lots One (1), Two (2), Three (3) & Four (4) J C Brown Addition; and Block B Section 7 AB94 Tract F1, Tract C3A, Tract C313, and Tract C31); City of Lubbock, Lubbock County, Texas. Passed by the City Council this 14th day of ATTEST: CQJ&'r1.'-'C 'r4 a., Rebecca Garza, City Secretary APPROVED AS TO CONTENT: //6 t J4 11,6,a T... chard Burdine, Assistant City Manager November 2002. McDOUGAL. MAYOR I&SIN -11 o CO - •:U G. Vandiver, First Assistant City Attorney Resolution No. 2002—RO498 EXHIBIT "A" NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED AT 3203 AVENUE B (3302 AVENUE A, 21129TH STREET, 3206 AVENUE A, 3104 AVENUE A), 3102 AVENUE B, 210 31ST STREET, 212 31ST STREET, 208 31ST STREET, 206 31ST STREET, 225 30' STREET, 22130TH STREET, 219 30TH STREET AND 213 30TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS TRACT A, E & D BURLINGTON INDUSTRIAL ADDITION; TRACT B AND SOUTH 59.89' ,OF TRACT C BURLINGTON INDUSTRIAL ADDITION; MID 120' OF TRACT C BURLINGTON INDUSTRIAL ADDITION; TRACT A RUFFLES ADDITION; LOTS ONE (1), TWO (2), THREE (3) AND FOUR (4) J C BROWN ADDITION; AND BLOCK B SECTION 7 AB94 TRACT F1, TRACT C3A, TRACT C311, AND TRACT C3D; CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS. Notice is hereby given that the City Council of the City of Lubbock intends to enter into an Agreement with Frito Lay to abate taxes on improvements to property and tangible property located within a reinvestment zone created by Ordinance No. 2002-00110 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 a contract between the City and Frito Lay for tax abatement, a copy of said Agreement is attached to this notice as Exhibit "A- I" 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 131h Street, City of Lubbock, on the 21 st day of November, 2002, at 10:30 o'clock a.m. EXHIBIT "A-1" Resolution No. 2002-RO498 AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made this day of , 2002, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and Frito Lay (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 30th day of Aug st, 2002, an application for tax abatement for the expansion and modernization of existing facilities located at 3203 Avenue B (3302 Avenue A, 211 29th Street, 3206 Avenue A, 3104 Avenue A), 3102 Avenue B, 210 31 St Street, 212 31 st Street, 208 31 st, 206 31 st Street, 225 30' Street, 221 30' Street, 219 30th Street and 213 30th Street in the City of Lubbock, Lubbock County, Texas and which is further described as Tract A, E & D Burlington Industrial Addition; Tract B and South 59.89' of Tract C Burlington Industrial Addition; Mid 120' of Tract C Burlington Industrial Addition; Tract A Ruffles Addition; Lots One (1), Two (2), Three (3) & Four (4) J C Brown Addition; and Block B Section 7 AB94 Tract Fl, Tract C3A, Tract C3B, and Tract C31); City of Lubbock, Lubbock County, Texas. WHEREAS, upon review of the above application it was determined that the facilities will be located in the Reinvestment Zone designated by the City in Ordinance No. 2002-00110 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. 2001- R0386 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. 2001-R03 86 of the City on September 27, 2001, and AGREEMENT - FRITO LAY PAGE 1 WHEREAS, the City did pass Ordinance No. 2002-00110 creating a reinvestment zone for commercial and industrial tax abatement, said zone including the area which is described as Tract A, E & D Burlington Industrial Addition; Tract B and South 59.89' of Tract C Burlington Industrial Addition; Mid 120' of Tract C Burlington Industrial Addition; Tract A Ruffles Addition; Lots One (1), Two (2), Three (3) & Four (4) J C Brown Addition; and Block B Section 7 AB94 Tract Fl, Tract C3A, Tract C3B, and Tract C3D; City of Lubbock, Lubbock County, Texas. . WHEREAS, the application received by City from Company is an application for the expansion and modernization of existing facilities; 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. 2001-RO3 86 does recognize expansion and modernization of existing facilities 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. 2001-R03 86, 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 January l of the tax year after the required improvements are substantially completed 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 2002, 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. AGREEMENT - FRITO LAY PAGE 2 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. Property 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. 2001-RO386 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. 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, that began after August 30, 2002, to be placed upon the property which is described as Tract A, E & D Burlington Industrial Addition; Tract B and South 59.89' of Tract C Burlington Industrial Addition; Mid 120' of Tract C Burlington Industrial Addition; Tract A Ruffles Addition; Lots One (1), Two (2), Three (3) &. Four (4) J C Brown Addition; and Block B Section 7 AB94 Tract F1, Tract C3A, Tract C313, and Tract C3D; City of Lubbock, Lubbock County, Texas. (b) All eligible tangible personal property, owned by 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 expanding and modernizing existing facilities, all as set forth in Section IV(3)(b) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 2001-R03 86. SECTION 8. Value of Improvements. Company intends to expend approximately four million three hundred ninety-eight thousand ($4,398,000) dollars in expanding and modernizing the existing facilities and two million ($2,000,000) dollars on new equipment to be located within the reinvestment zone created by Ordinance No. 2002-00110. AGREEMENT - FRITO LAY PAGE 3 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. 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% SECTION 11. Commencement Date. This Agreement shall commence January 1 of the tax year after the required improvements are substantially completed and shall expire ten (10) years after such date. SECTION 12. Type of Improvements. The Company proposes to expand and modernize existing facilities as described in Exhibit W'. The Company further states that the proposed improvements to the property above mentioned shall commence on the 1 st day of January, 2003, and shall be completed within approximately 12 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 13. Drawings of Improvements. 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 14. 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 15. Recapture. 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. 2001-R0386 of the City Council of the City of Lubbock. AGREEMENT - FRITO LAY PAGE 4 SECTION 16. 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 17. Compliance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. SECTION 18. 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 FRITO LAY Mike Iannuzzelli 3203 Avenue B Lubbock, TX 79404 AGREEMENT - FRITO LAY PAGE 5 SECTION 19. 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 , 2002. FRITO LAY CITY OF LUBBOCK A Municipal Corporation MICHAEL J. IANNUZZELLI MARC MCDOUGAL TECHNICAL MANAGER MAYOR ATTEST: ATTEST: Secretary Rebecca Garza City Secretary APPROVED AS TO CONTENT: a Rich d Burdine Assistant City Manager APPROVED AS TO FOB b&Ad G. andiver First Assistant City Attorney CB: October 29, 2002 G:/tax abatement/Frito Lay/Frito Lay Agreement AGREEMENT — FRITO LAY PAGE 6 EXHIBIT "A" Resolution No. 2002-R 0498 Frito-Lay, Lubbock, Texas Tax Abatement Application Presented to: August 26, 2002 CONTENTS Tax Abatement Application.......................................................................................1-5 Attachment1..............................................................................................................6 Attachment2..............................................................................................................7-11 Attachment3................................................................................................ ..12 Attachment4..............................................................................................................13-26 Attachment5..............................................................................................................27 Phone: 972-334-3909 Fax: 97.2-334-,2072 Applicants Representative on this project: Name: Address: Phone: Type of Ownership: IX Corporation [ ] Partnership [ ] Proprietorship Total Current Number Employees: 143,000 in PepsiCo Corporate Annual Sales Per Year: $ 2 7 b i 11 i on Annual Report Submitted? [X] Yes [ ] No. P 1 ease see w ww . p` e p s i c o . c o m INDAPP99 I Industrial Tax Abatement Application Page 2 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 [ ) Manufacturing Facility: Electronics/Electrical/Assembly, Semiconductor Fabrication [X] Value-added Agricultural Production including Food Processing and Machinery [ ) Med Tech Research/Manufacturing/Assembly [ ] Aviation/Avionics Production/Rehab . [X1 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) [ ] 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 [Xl 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. 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 [ X 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: 3203 Avenue B, Lubbock, TX 79404 (i) Legal description of proposed facility: See Attachment 5 0) The proposed facility is located in: School District: L u b b o c k City: Lubbock 2 Industrial Tax Abatement Application Page 3 (k) Describe product or service to be provided: Manufacture, warehouse and distribution of Frito-Lay and PepsiCo products. Manufacturing includes tortilla chips; potato chips, and corn chips. (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. 4tachment 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). 'art A— Current Investment in Existing Improvements: Est. $6 million of capitalized expense art B — Permanent Employment Estimates: (1) If existing facility, what is the current plant employment: 105 (2) Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs 0 Time Frame 3 Industrial Tax Abatement Application Page 4 (3) Opening of improvements: (Month) D e C . of (Year) 200 4 _ Part C — Permanent Payroll Estimates: (1) If existing facility, what is the.current plant payroll: $ 9 7 Million (2) Estimated amount of new payroll : 0 Part D — Construction and Employment Estimates: (1) Construction start: Month a n' Year 20 03 (2) Number of construction jobs: At Start 15 Peak 2 0 Finish 10 (3) Number of man-years: Part E — School District Impact Estimates: Give Estimated number of: Families transferred to area 0 Children added to ISD's U— Part :F — City Impact Estimates: (1) Volume of treated water required from City 300 , 0 0 0 gallons per day. (2) Volume of effluent to be treated by City 2 7 0 , 0 0 0 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. (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) $ 2.7 4 , 6 8.3 Value of.New Improvements NA Estimated Total Value After $ 2 7 4, 6 8 3 Improvements PERSONAL PROPERTY $22,849,.120 IMPROVEMENTS $3,206,509 $4,398,000 ..$2,000,000 $27,247,120 $5,206,509 0 Industrial Tax Abatement Application Page 5 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. (a) Has applicant made application for abatement of this facility by other taxing jurisdictions or counties? [ ] Yes )(] 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. To the best of my knowledge, the above information is an accurate description of project, details. Company Official Signature Rus.s:ell A. Burton Printed Name of Company Official Sr. Group Manager of Economic Dev. Title of Company Official 5 ATTACHMENT 1 The Lubbock plant produced 43,868,947 pounds of product in year 2001, generating total sales of $121,369,859. Of the total sales, $4,705,259 (4%) was sold in Lubbock, and $116,664,600 (96%) was sold outside of Lubbock. 2 ATTACHMENT 2 (A) Improvements to be undertaken will include the modernization and expansion of the Frito-Lay manufacturing facility located at 3203 Avenue B, Lubbock, TX 79404. The facility includes several parcels of land that. have been added over the years, and the operation includes manufacturing, warehousing, and transportation.. The various projects will also include the purchase of new manufaturing machinery and equipment to be used in the facility. Listed in Attachment 2 (B) are the currently proposed capital projects for 2003 and 2004. Specific capital projects are subject to change and additional projects may be added in 2004, but Frito Lay is committing to invest a total of $6.5 million beginning in September of 2002. (B) 2003-2004 Capital Projects Outlav Temp # Priority Dept. Description Start YR. Capital Project Expense LB03025 1 Facility Waste Water Clarifier 2003' $ 2,500,000 $ 50,000. LB03026 1 Multi Rail Corn/Oil Un-Load 2003: $ .1,500,000 $ 30.000 1 FCC PackagingUpgrades 2003 $ 398,000 LB03001 1 Facility Roof Upgrades 2003 $ 80,000 $ ` 2,000 LB03002 3 Facility Employee Welfare Upgrades 2003 $ 60,000 $ `. 1,500 LB03003 2 Facility.Building Upgrades 2003 $ < 60,000 $ T. -1,400 LB.03004 1 FCC FCC #1 Fryer Pan Upgrade 2003 $ 60,000 $ 1,400 LB03005 1 FCC FCC #2 Fryer Pan Upgrade 2003 $ 60,000 $. - 1,400 LB03006 1 FCC FCC 1&2) Seasoning Dust Cover 2003 $ 30,000 $ 600 LB03007 1 FCC Additional Seasoner 2004 $ 100,000 $ 2,000. LB03008 2 FCC Oil Transfer 2003 $ 60,000 $ 1,500 :- LB03009 2 FCC Allen Level Control 2003 $ 65 0.00 $ 1,500 LB03010 2 Multi Upgrade Flooring Phase'2 2003:.. $ 80,000 $ 2,000 LB03011 2 NE 12. Slam Autoloader 2004 $ 100,000 $ 2,000 LB03012 1 NE TC_Seasonin Dust Cover 2003` : $ 15,000 $ 300 . LB03013 1 NE RSTC Seasoning Dust Cover 2003. $ 15,000 $ 300 L603014 2 NE New Wall Event Room 2003 $ 50,000 $ 1,400 -. LB03015" 2 NE SS..Ceilinq above Corn:Washers 2003 $ 50,000 $ 1,400 LB03016 2 NE Automatic Allen Gates 2003 $ 60,000 $ 1,200 L803017 1 NE Dual Seasoning line DTC 2003 $ 120,000 $ 2,800 - LB03018 1 PC Optisort Upgrade 2004 $ 145,000 $ 2,900 L B03019 2 PC PC Slicer Head Station Upgrade 2003 $ 70,000 $ 1,600 LB03020 1 PC PC Fryer Pan Upgrade 2003 $ 80,000 $ 2,000 L003021 1 PC PC Seasoning Dust Cover 2003 $ 15,000 $ 300 . LB03022 3 PC _ Fines System Upgrade 2003 , $ 10,000 $ 200 LB03023 3 PC Potato Impact Reduction Upgrade 2003 $ 15,000 $ 300 LB03024 3 VP VP 8 Pack Tray Maker 2003 $ 40,000 $ 1,000 3 PC PKG Automation 2003 $ 200,000 $ 16,502 3 TC Low Water Corn Process 2003 $ 140,000 $ 7,388 1 WH lWarehouse Projects 2003 $ 500,000 i Mal -* b,b/,U,uUU 4i 13b,S90 (C) Please see Pages 8-11 (D) The listed projects are projected to be completed in the years 2003 and 2004. Additional unidentified capital improvements will follow in subsequent years. 7 8 ®'� 9 i 2001 Frito-Lay o Office Lubbock Forklifts ! Equipment 2000 �• 1 2000 271,237 logo _ _ ! _ j 1999 1998 23,252 ___..�_ — 19981 14,918 1997 73,6421 �— _ 190148,727 1s96 __ . _. _ ..—•_•--------�— 19gel 1995 5,000 1994 81,190E-- - ;..1.99d. ._. .33,d27 1993 -� 1903 1992 1,777 1991 19,902 --_ • � � 1991 1990 logo I i 1989 8d.090 . 1988 .. 1988 2,940 1087 1987 79811 i ' _ 1984 1983 ; -- -- I 1883 _ _ 1982 _ 1981 ; , — 1991 1980 1980 _ 1979 1979 �_� .... 19781 ( - - _ I 9978 _ 1978 r �. _�_ ( _�-19T8 830 dD75 ( '� 319.871 IM 19731 1967.. —.. .. _.._ f . 1985 ` .i 10 :, 1 . ll No Text ATTACHMENT 4 (A) Real property value is expected to increase an estimated $2 million as a result of the proposed capital projects. (B) See pages 14-26 13 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R53743 Cross Reference Number: 00077222 View Tax Information Owner's Name FRITO LAY and Mailing 901 MAIN ST STE 6000 Address DALLAS, TX 75202-.3 Location 3302 AVE A Zone 0038 Map ID R117300-00000-00010-000 Description BURLINGTON IND TR A & E & D LESS NW/PT Subdiv/Abstract Ind. S Subdiv/Abstract No. S117300 Taxing Entities Code Entity Name Tax,,-Rati 2001 Tax GLB LUBBOCK COUNTY .19170 8665.02 SLB LUBBOCK ISD 1.60620 2914.18 CLB LUBBOCK .57000 1505.74 HSP HOSPITAL DISTRICT .09905 33962.76 WHP High Plains Water District .00830 126.17 Totals: 2.45738 47173.87 I Deed Changes as of: '4/26/02' Data updated on: 0002-07-23 11 PROPERTY II'2002 Certified' INFORMATIONII iption Codes e Amount )er of Impro, Acres Date. 1/27/1 .g Use $0 otal Improvement Value $2,180,600 and Market Value $83,879 :g Market 1 $0 14 http://www.lubbockead.org/Lubbockdetail.cfm?theKey--R53743 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R53769 Cross_ Reference Number: 00077231 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 3206 AVE A Zone 0038 Map ID R117300-00000-00020-000 Description BURLINGTON IND TR B & S59.89' OF TR C Subdiv/Abstract Ind. S Subdiv/Abstract No. S 117300 Taxing Entities . Code Entity Name Tax Rate 2001 Tax GLB LUBBOCK COUNTY .19170 1458.96 SLB LUBBOCK ISD 1.60620 490.67 CLB LUBBOCK .57000 253.53 HSP HOSPITAL DISTRICT 09905 4111.20 WHP High Plains Water District .00830 21.24 �l II IlTotals: II 2.457381[6335.601 Deed Changes as of '4/26/02' Data updated on: 0002-07-23 PROPERTY I '2002 Certified' INFORMATION Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $224,604 Number of Improvements 2 Land Acres Land Market Value $31,354 Ag Market $0 Deed Date 11/20/1996 15 http:J/www.lubbockead.org/Lubbockdetail.cfm?theKey=R53769 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R53794 Cross Reference Number: 00077240 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 3104 AVE A Zone 0038 Map ID RI 17300-00000-00025-000 Description BURLINGTON IND MID 120'OF TR C Subdiv/Abstract Ind. S Subdiv/Abstract No. S 117300 Taxing Entities Code Entity Name Tax Rath 2001 Tax GLB LUBBOCK COUNTY .19170 540.87 SLB LUBBOCK ISD 1.60620 181.90 CLB LUBBOCK .57000 93.99 HSP HOSPITAL DISTRICT 09905 1524.12 WHP High Plains Water District .00830 7.88 l u[Totals: 2.45738 2348.76' Deed Changes as of: 14/26/02' Data updated on: 0002-07-23 PROPERTY 11'2002 Certified' INFORMATIONI Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $83,250 Number of Improvements 1 Land Acres Land Market Value $11,640 Ag Market $0 Deed Date 2/26/1999 Ere h-ftp://www.lubbockcad.org/Lubbockdetail.cfm?theKey=R53794 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R69495 Cross Reference Number: 00642576 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 221 30TH ST Zone 0038 Map ID AC14007-90094-00370-000 Description BLK B SEC 7 AB 94 TR C3A ACS:.238 Subdiv/Abstract Ind. A Subdiv/Abstract No. AC 14607 . Taxing Entities Code Entity Name Tax Rate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09905 WHP High Plains Water District .00830 i= Totals: ' Deed Changes as of: '4/26/02' Data updated on: 0002-07-23 11 PROPERTY II'2002 Certified' INFORMATION11 xemption Codes reeze Amount .000 umber of Improvements and Acres eed Date 3/19/1999 ,g Use 'otal Improvement Value and Market Value .a Market $4, $0 17 http://www.lubbockead.org/Lubbockdetail.cfm?theK6y=R69495 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R69521 Cross Reference Number: 00642585 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 219 30TH ST Zone 0038 Map ID AC14007-90094-00380-000 Description FLK B SEC 7 AB 94 TR C3B ACS:.149 Subdiv/Abstract Ind. A Subdiv/Abstract No. JAC14007 Taxing Entities Code Entity Name Tax Rate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT 09905 WHP High Plains Water District .00830 Deed Changes as of: 14/26/02' Data updated on: 0002-07-23 PROPERTY '2002 Certified' INFORMATION Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $7,442 Number of Improvements 1 Land Acres Land Market Value $2,500 Ag Market $0 Deed Date 3/19/1999 18 http://www.lubbockcad.org/Lubbockdetail.cfm?theKey=R69521 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R69548 Cross Reference Number: 00642594 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 213 30TH ST Zone 0038 Map ID AC14007-90094-00390-000 Description BLK,B SEC 7 AB 94 TR C3D ACS:.131 Subdiv/Abstract Ind. A Subdiv/Abstract No. AC14007 Taxing Entities Code Entity Name Tax:R`ate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP IHOSPITAL DISTRICT .09905 WHP High Plains Water District .00830 Totals: Deed Changes as of: 14/26/02' Data updated on: 0002-07-23 PROPERTY '2002 Certified' INFORMATION Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $0 Number of Improvements Land Acres Land Market Value $2,200 Ag Market $0 Deed Date 3/19/199911 19 http://www.lubbockcad.org/Lubbockdetail.cfm?theKey=R69548 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number:- R53878 Cross Reference Number: 00077268 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL, EST DEPT 4A 237 PLANO, TX 75024-4002 Location 211 29TH ST Zone 0038 Map ID R117300-00000-00045-000 Description !rS URLINGTON IND NW/PT TR D Subdiv/Abstract Ind.Subdiv/Abstract No. 117300 Taxing Entities Code Entity Name Tax Rafe 2001 Tax GLB LUBBOCK COUNTY .19170 120.19 SLB LUBBOCK ISD 1.60620 40.42 CLB LUBBOCK .57000 20.89 HOSPITAL DISTRICT .09905 338.68 EHSP WHP High Plains Water District .00830 1.75 j�JlTotals: JL_Z.4573j$j 521.9311 Deed Changes as of: '4/26/02' Data updated on: 0002-07-23 PROPERTY '2002 Certified' INFORMATION Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $6,477 Number of Improvements 1 Land Acres Land Market Value $14,609 Ag Market $0 Deed Date 1 ] /20/1996 c http://www.lubbockead.org/Lubbockdetail.cfm?theKey--R53878 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R69704 Cross Reference Number: 00642647 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 225 30TH ST Zone 0038 Map ID AC14007-90094-00470-000 Description BLK B SEC 7 AB 94 TR F1 ACS:.223 Subdiv/Abstract Ind. A Subdiv/Abstract No. AC 14007 Taxing Entities Code Entity Name Tax Rate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09905 WHP High Plains Water District .00830 11 Totals: Deed Changes as of: '4/26/02' Data updated on: 0002-07-23 II PROPERTY 11'2002 Certified' INFORMATIONII ion Codes Amount II .00 umber of Improvements ll 2 and Acres Date 113/19/19 Use otal Improvement Value 11 $21,095 id Market Value �I $3,900 Market $0 21 http://www.lubbockead.org/Lubbockdetail.cfm?theKey=R69704 4 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R69961 Cross Reference Number: 00642736 View Tax Information Owner's Name 11 and Mailing Address Location Zone Map ID Description Subdiv/Abstract Ind. Subdiv/Abstract No. 'RITO LAY INC 701 LEGACY DR :EAL EST DEPT 4A 237 LANO, TX 75024-4002 102 AVE B 038 .761900-00010-00000-000 UFFLES TR A a l Taxing Entities Code Entity Name Tax Rath 2001 Tax GLB LUBBOCK COUNTY .19170 ' SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09905 WHP High Plains Water District .00830 JjTotals: Deed Changes as of: '4/26/02' Data updated on: 0002-07-23 PROPERTY I�'2002 Certified' INFORMATION Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $670,310 Number of Improvements 1 Land Acres Land Market Value $108,701 Ag Market $0 Deed Date 3/25/1998 22 http://www.lubbockcad.org[Lubbockdetail.cfm?theKey--R69961 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R85585 Cross Reference Number: 30214443 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 212 31 ST ST Zone 0038 Map ID R109950-00000-00010-000 Description BROWN J C L 1 Subdiv/Abstract Ind. S Subdiv/Abstract No. S109950 Taxing Entities Code Entity Name Tag Rate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09905 WHP High Plains Water District .00830 r- I= Totals: Deed Changes as of: 14/26/02' Data updated on: 0002-07-23 PROPERTY jF2002 Certified' INFORMATION option Codes Ag Use $0 e Amount .000 Total Improvement Value $5,940 )er of Improvements 1 Acres Land Market Value $1,020 Ag Market $0 Date 3/19/1999 24 hftp://www.lubbockcad.org/Lubbockdetail.cfrn?theKey=R85585 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R85613 Cross Reference Number: 30214452 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO, TX 75024-4002 Location 210 31 ST ST Zone 0038 Map ID R109950-00000-00020-000 Description BROWN J C L 2 Subdiv/Abstract Ind. S Subdiv/Abstract No. S 109950 Taxing Entities Code Entity Name Tax Rate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09905 WHP High Plains Water District .00830 Deed Changes as of: '4/26/02' Data updated on: 0002-07-23 II PROPERTY. 1112002 Certified' INFOR.MATIONII xemption Codes Ag Use $0 ceeze Amount .000 Total Improvement Value $6,791 umber of improvements 1 and Acres Land Market Value $1,040 Ag Market $0 eed Date 7/30/2001 25 htt-p://www.lubbockcad.org/Lubbockdetail.cfin?theKey=R85613 Lubbock CAD Properties LUBBOCK CAD Real Property Information Lubbock Account Number: R85665 Cross Reference Number: 30214470 View Tax Information Owner's Name FRITO LAY INC and Mailing 7701 LEGACY DR Address REAL EST DEPT 4A 237 PLANO. TX 75024-4002 Location 206 31 ST ST Zone 0038 Map ID R109950-00000-00040-000 Description rS109950 ROWNJCL4 Subdiv/Abstract Ind. Subdiv/Abstract No. Taxing Entities Code Entity Name Tar Rate 2001 Tax GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.60620 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT 09905 WHP High Plains Water District .00830 Deed Changes as of: 14/26/02, Data updated on: 0002-07-23 PROPERTY Lption Codes e Amount )er of Impro, Acres Date' 19/1 12002 Certified'INFORMATIONII .g Use $0 otal Improvement Value. $0 and Market Value $1,110 .g Market $0 26 http://www.lubbockcad.org/Lubbockdetail.cfm?theKey=R85665 . ATTACHMENT 5 PropertyDescnpton Volume Page 1) Burlington Industrial Addition Tract A & E & D less NW/PT 3775 179 2) Burlington Industrial Addition NWIPT Tract D, 5330 26 3) Burlington- lndustr-W Addition Tract; B & South .59,89 feet of Tract G 5330 27 4) Burlington Industrial Addition Tracf D 515 39 t�) BurUngtort lndustriat Addition Mid 120 feet of Tract C .74 166l-6, Section 7, Abstraot 94 Tract:C3A 6211 11$ 7)rack'1, Section 7, Abstract 94 Tra'ct `C36 6211, 11Q $ $�f4ck B, Section 7;'Atstract 94 Tract C3D 62.11 1;10 I�'jgI BK Section 7, Abstract 94 ` Tract F1 62T1 125 Secfion 7, Abstract 94 Trecfi C3C 7563 221 �fes Tract A 5775 284 5' V Bf �vlin Addition' Lot 1 ' 6211 123 Srcwn Addition Lot 2 7202 114, i6 14) .d Drown Add►fion Lot 4 6211 123 �S5) ,Bur tnjtoh► tridustri6l Addition North 120 feet of Tract C ' 4005 253 fib) _Mobil:i Lot 1 7406 149. 27 Resolution No. 2002-RO498 CONTRACT OF SALE Tp is Contract of Sale and Purchase (the "Contract") is made and entered into this AXICTay of February, 2001, by and between HERMINIO and LUCY CONTRERAS, (referred to herein as ``Seller" whether one or more), and FRITO-LAY, INC. a Delaware corporation, or its nominee, as purchaser, (referred to herein as Buyer"). 1. Sale and Purchase: Seller agrees to sell and convey, and Buyer agrees to purchase and accept, the following described properties situated in Lubbock, Lubbock County, Texas (herein called "Property"): approximately 0.15 acres and associated improvements located at: Lot 2 J.C. Brown Addition 210 315t Street Lubbock, TX 79404 and approximately 0.15 acres and associated improvements located at: Lot 3 J.C. Brown Addition 208 31s' Street Lubbock, TX 79404 2. Consideration: The agreed purchase price for the Property is Fifty-two Thousand and 00/100 Dollars ($52,000.00), which is to be paid to Seller at closing in cash, guaranteed funds or Title Company check. 3. Escrow: Upon the execution of this Contract by both Seller and Buyer, Buyer shall deposit with Lubbock Abstract & Title Company, Lubbock, Texas (referred to herein as "Title Company") the sum of One Thousand and 00/100 DOLLARS ($1,000.00) as Earnest Money to bind this sale (referred to herein as the "Earnest Money"). The Earnest Money will be credited to the purchase price to be paid at closing, but if Buyer fails or refuses to perform according to the terms of this Contract the Earnest Money shall be forfeited to Seller as liquidated damages according to the provisions of paragraph 8 herein. If Seller fails, refuses or is unable to perform according to the terms of this Contract, or if Buyer terminates this Contract pursuant to a right granted herein, the Earnest Money shall be returned to Buyer, free of claims by Seller. 4. Title and Survey: a. Seller will convey good and indefeasible Title to the Property subject only to (1) restrictive covenants and utility easements common to the platted subdivision in which the Property is located, and (2) outstanding mineral interests of record. Retur to: Stutzman & Bromber323 Bryan Streat.$te 2200;Da11 Texas 15201-2689 Qr F# 00-1388FGW Y 25S90 VOL 7202WE .-� WARRANTY DEED � � Date: \ ` - Grantors' name and Mauling Address: HERMINIO CONTRERAS, also known as HERMAN CONTRERAS, surviving spouse of Lucy Contreras, Deceased Grantor's Mailing Address (including county): Grantee: Grantee's Mailing Address (including county): Hwy 90 East, Box 19 %Z Del Rio, Texas 78840 Val Verde County FRITO-LAY, INC. a Delaware Corporation 7701 Legacy Drive Real Estate Dept. 4A-237 Plano, TX 75024-4099 Collin County Consideration: Ten Dollars (S10.00) and other valuable consideration Property (including any improvements): Lot Two (2), J.C. BROWN ADDITION, an addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 3533, Page 299, Real Property Records of Lubbock County, Texas. Reservations From and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the herein above described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the real property records of Lubbock County, Texas, specifically the following reservation. All of the oil, gas, and other minerals in, on or under the property previously reserved by instrument recorded in volume 4889, Page 208, Real Property Records of Lubbock County, Texas. Grantor, forthe consideration, receipt ofwhichis acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor's heirs, executors, administrators, successors or assigns are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Herminio Contreras, also known as Herman Contreras is ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF LUBBOCK X This instrument was acknowledged before me on • ' ''' !_ day of , 2001, by HERMINIO CONTRERAS, also known as HERMAN CONTRERAS. Notary Public, State of Texas ticderY bvi t :. State 01 Texas : ' 4 My Co:••onnior. %a�ir0r 05 07.1004 s-K . SEAL STATE OF TEXAS COUNTY OF LUBBOCK t} i y�;": I hereby COMP that this instsumem was FIL and was dull/ ED On fIL� t:. - date and at the time stamped hereon btl gECORDED in the Volume and Pa90 of the ptticia Real me. h / ftwwds qt Lbbbok* COMY, Texts as stamped l.Uili .tl" �J t J '[• [ JUL $420 L0381r Cx CO::N(Y. TEXAS COUNTY CLERK f�a .fi LUBBOCK COUNTY. TEXAS eturn to:Stutzman & Bromberg;232- Bruan Street;Ste 2200;Dallas, T-3s 75201-2689 d#00-1388F GW %o 1 WARRANTY DEEDS 4 Date: - Grantors' name and Mailing Address: LUCY CONTRERAS, a single person Grantor's Mailing Address (including county): Grantee: Grantee's Mailing Address (including county): P.O. Box 42 Big Wells, Texas 78830 Dimmit County FRITO-LAY, rNC., a Delaware Corporation 7701 Legacy Drive Re;,' T;State Dept. 4A-237 Plano, TX 75024-4099 Collin County Consideration: Ten Dollars ($10.00) and other valuable consideration Property (including any improvements): Lot Three (3), J.C. BROWN ADDITION, an addition to the City of Lubbock, Lubbock County. Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 3533, Page 299, Real Property Records of Lubbock County, Texas. Reservations From and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the herein above described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the real property records of Lubbock County, Texas, specifically the following reservation: All of the oil, gas, and other minerals in, on or under the property previously reserved by instrument recorded in volume 4889, Page 210, Real Property Records of Lubbock County, Texas. Grantor, forthe consideration, receipt ofwhich is acknowledged, and subjectto the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor's heirs, executors, administrators, successors or assigns are hereby bound to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. J Lucy Contreras mr ACKNOWLEDGMENT STATE OF TEXAS )( COUNTY OF LUBBOCK )( '` Vr�l- ��t 1�► krt �� c7 .-� This instrument was acknowledged before me on >.` t day of f - , ' , 2001, by LUCY CONTRERAS. SEAS.,,,.---,,,-.,,Notary Public, State of Texas �"'•�', Sj QFi. r(r"" circta ai';c,.s`:,a * co rXl"'d�' OS•!, �'. Flf 12-7 D ell C--iINTY CLERK, tUEGCCX C? aTY. TEXAS STATE STATE OF TEXAS COUNTY OF LUBBOCK I hereby c"fy that this instnanem was FILED art the date and at the time stamped hereon by me and was duly RECORDED in the Volume and Page of the Offrial Real Ptopett) Rac«ds of Lvbboda County, Texas a$ stamped boreon by me. is seat p C COUNTY CLERK v� '' LUei3OCK COUNTY, TEXAS