HomeMy WebLinkAboutResolution - 2006-R0557 - Amend Tax Abatement Agreement - Bemove Ltd. & Module Truck Sysyems Inc. - 11_21_2006Resolution No. 2006-RO557
November 21, 2006
Item No. 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Amendment to the Tax
Abatement Agreement with BeMove, Ltd. and Module Truck Systems, Inc. and all
related documents. Said Amendment is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 21st day of November , 2006.
01
DAVID A. MfLLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPR VED S TO CONTENT:
/ d�v
Rob on, istant-City Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
LC: cityatt / Linda / Res -Tax Abatement Amendment-MT5
October 9, 2006
Resolution No. 2006—RO555
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AMENDMENT TO TAX ABATEMENT AGREEMENT
This Agreement is entered into by the CITY OF LUBBOCK (referred to herein
as "City"), a Home Rule Municipality of Lubbock County, Texas, Behove, Ltd., a Texas
limited partnership (hereinafter called "BeMove") and Module Truck Systems, Inc.
(referred to herein as "MTS").
WITNESSETH:
WHEREAS, City, BeMove, and MTS executed a Tax Abatement Agreement on
the 9th day of June, 2005, granting a five year declining scale tax abatement; and
WHEREAS, City, BeMove, and MTS desire to amend the terms of the
Agreement by incorporating a new Lease Agreement and amending the property
description to exclude a portion of the unimproved real property that has been sold to
another party;
NOW THEREFORE, City, BeMove, and MTS agree to the following
amendments:
A. Exhibit "A", the Lease Agreement between BeMove, Ltd. And Module Truck
System, Inc. relating to 1802 East 50'h Street (portion), which was
incorporated into the Tax Abatement Agreement , is hereby replaced by the
attached Amended Lease Agreement between BeMove, Ltd. And Module
Truck System, Inc relating to 2008 and 2010 East 50" Street (Tract C-1,
Breedlove Addition) labeled Exhibit "A" which is incorporated into the
Amended Agreement as if fully set forth herein.
B. Exhibit "B", the map and description of the property which was the subject of
the tax abatement, is hereby replaced by the attached amended Exhibit "B"
which includes the amended map and the description of the property which
Amendment to Module Truck Systems Tax Abatement Agreement
includes the area covered by the amended lease and excludes the portion sold by
BeMove to another party.
Executed this 21st day of November
CITY OF LUBBOC MOD
BY•
DAVID A. MILLER, MAYOR i
ATTEST:
CK SYSTEMS, INC.
RUSSELL LIM
PRESIDENT A
BEMOVE, LTD
By:
Rebecca Garza, City Secretary DOUGL B. ALLEN,
MANAGING DIRECTOR
APPROVED AS TO CONTENT:
r
Rob Al4son, Assistant -City Manager
Business Services
APPROVED AS TO FORM:
Linda Chamales, Senior
Attorney —Office Practice
LC: cityatt/Linda/Amendment to NITS Tax Abatement Agreement
September 28, 2006
Amendment to Module Truck Systems Tax Abatement Agreement
Page 2
Resolution No. 2006—RO555
Exhibit "A"
LEASE AMENDMENT
This Lease Amendment (the "Amendment") is executed as of the 3o day of
October, 2006 (the "Execution Date") by REMOVE, LTD., a Texas limited partnership
("Landlord") and MODULE TRUCK SYSTEMS, INC., a Texas corporation ("Tenant")
PREAMBLE
This Amendment is executed with respect to the following facts, intentions and
understandings:
A. By Lease Agreement (the "Lease") dated November , 2004, Landlord
leased to Tenant and Tenant leased from Landlord certain premises (the
"Leased Premises") located at 1802 East 50th Street, Lubbock, Lubbock
County, Texas. Reference to the Lease is here made for all purposes.
B. Landlord desires to subdivide and plat the larger tract of which the Leased
Premises are a part and, in connection with such subdivision and platting,
Landlord and Tenant desire to amend the Lease to describe the Leased
Premises with reference to the final plat.
AGREEMENT
In consideration of the facts, intentions and understandings set forth in the Preamble
and other valuable consideration each to the other in hand paid, the receipt and sufficiency
of which is hereby acknowledged, Landlord and Tenant hereby amend the Lease so that from
and after the Execution Date any and all references to the Leased Premises in the Lease shall
be deemed to refer to Tract C-1, Breedlove Addition to the City of Lubbock, Lubbock
County, Texas and the unplatted portion of the original Leased Premises which is located
immediately East of said Tract C-1. As so amended, Landlord and Tenant hereby ratify and
affirm the Lease and declare the same to be in full force and effect.
EXECUTED as of the Execution Date.
LANDLORD:
BEMOVE, LTD., a Texas limited partnership
By. BEMOVE GP, L.L.C., a Texas Iimited
lia ty company, General Partner
By:
Douglas B. Alen, Authorized Member
TENANT:
MODULE TRUCK SYSTEMS, INC., a Texas
corporation
By:
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Printed Name: -Tk L.
Title:jit1.✓T
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Resolutiou No. 2006-R0557
Exhibit "B"
Module Truck Systems
Plat Map
Tract C-1 Breedlove Addition to the City of Lubbock, Lubbock County, Texas
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