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HomeMy WebLinkAboutResolution - 2005-R0402 - Intent To Enter Into Tax Abatement Agreement - Allen T's Shopping Center LLC - 08_25_2005Resolution No. 2005-R0402 August 25, 2005 Item 57 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Allen T's Shopping Center, LLC; 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 Allen T's Shopping Center, LLC, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on 108 University Avenue (114 University Avenue & 2507 1" Place), which is further described as Lots 1, 2, 3, and 4 of Block 16, Parks Addition to the City of Lubbock, Lubbock County, Texas. Passed by the City Council this 25th day of August J7005. MCDOUGAL, MAYOR ATTEST. Rebecca Garza, City Secretary APPRO TD TO i CONTENT - Rob Alliso�nn y Director d#- Business Development APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section 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 108 UNIVERSITY AVENUE (114 UNIVERSITY AVENUE & 2507 1" PLACE) WHICH IS FURTHER DESCRIBED AS LOTS 1, 2, 3, AND 4, BLOCK 16 OF THE PARKS ADDITION TO THE 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 Allen T's Shopping Center, LLC to abate taxes on improvements to real property and tangible personal property located within the Lubbock 2000 North Enterprise Zone created by Ordinance No. 2000-00032 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 Allen T's Shopping Center, LLC for tax abatement, a draft copy of said Agreement is attached to this notice as Exhibit "A-1" 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 8th day of September, 2005, at approximately 9:30 o'clock a.m. DRAFT AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made this day of , 2005, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and Allen T's Shopping Center, LLC. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 5" day of July, 2005, an application for commercial tax abatement for the construction of a new shopping center at 108 E. University Avenue (114 University Avenue & 2507 151 Place), which is further described as Lots 1, 2, 3 and 4 of Block 16, Parks Addition to the City of Lubbock , Lubbock County, Texas (attached as Exhibit "A") WHEREAS, upon review of the above application, it was determined that facilities would be located in the Lubbock 2000 North Enterprise Zone designated by City in its Ordinance No. 2000-00032; and WHEREAS, the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in the City of Lubbock were heretofore adopted by Resolution No. 2003-RO369 of the City Council of the City of Lubbock, and amended by Resolution No. 2004-R0594, a copy of which is attached as Exhibit `B" and incorporated herein as if fully set forth; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.2011; and WHEREAS, the City did comply with all of the criteria and guidelines for creation of an enterprise zone as set forth in Chapter 2303, Subchapter C of the Texas Enterprise Zone Act, Texas Government Code, having adopted Ordinance No. 2000-00032 of the City on June 8, 2000, which ordinance includes 108 University Avenue (114 University Avenue & 2507 V Place). WHEREAS, V.A.T.C., Tax Code, Sec. 312.2011 provides 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 construction of a new 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 N of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones adopted by the City Council by Resolution No. 2003-R0369, and amended by Resolution No. 2004-RO594 (Exhibit "B") does recognize construction of a new facility as being eligible for commercial tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria established for Commercial Tax Abatement within the Enterprise Zones of the City of Lubbock, as adopted by Resolution No. 2003-R0369, and amended by Resolution No. 2004-R0594, and attached as Exhibit "B" have been met by Company; and WHEREAS, Company does intend to construct a new facility; and WHEREAS, the location of the new facility and surrounding real property, which are to be the subject matter of the Agreement, are attached hereto as Exhibit "A", and made a part of this Agreement for all purposes; and WHEREAS, the City Council finds that entering into this Agreement to abate taxes on the property described in Exhibit "A" will promote high quality commercial AGREEMENT — ALLEN T'S SHOPPING CENTER Page 2 development in the City, and enhance economic development within the designated Enterprise Zone; 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. Recitations. The parties agree that the recitations above in this agreement are true and correct and shall be incorporated into this Agreement. SECTION 2. Term. This Agreement shall remain in force and effect for a period of five (5) years from the date of its commencement as set forth in Section 12, and shall expire and be of no further force and effect after said date. SECTION 3. Base Year. The base year applicable to real property, which is the subject of the Agreement, shall be 2005, and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 4. 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 5. 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 6. PropeM Ineligible for Tax Abatement. The property described and set forth in Section IV(5) of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones attached as Exhibit B, is property ineligible for tax abatement. SECTION 7. Exemption from Tax. The City covenants and agrees to exempt from taxation, in accordance with Section 5 above, the following properties: AGREEMENT — ALLEN T'S SHOPPING CENTER Page 3 (a) All proposed new construction to be located at 108 East University (114 University Avenue & 2507 V Place), Lots 1, 2, 3, and 4, Block 16 of the Parks Addition to the City of Lubbock, Lubbock County, Texas, which is further described in Exhibit "A". (b) All eligible tangible personal property placed in or upon the property set forth in Exhibit "A", except for any equipment and personal property currently owned by the company and located in the existing facility. (c) It is further understood that all items affixed to the 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 Section I 1 of this Agreement. SECTION 8. Economic Qualification. Company agrees to expend funds necessary to qualify for tax abatement by constructing a new facility, as set forth in Section IV(9)(a) of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in the City of Lubbock (Exhibit B) on the property described in Exhibit A. A description of the kind, number and location of all proposed improvements is attached in Company's Application, Exhibit "C" and incorporated herein as if fully set forth. SECTION 9. Value of Improvements. Company agrees to expend three hundred thousand dollars ($300,000) in constructing a new facility to be located within the Enterprise Zone created by Ordinance No. 2000-00032. SECTION 10. Electricity Provider. Company agrees to utilize Lubbock Power & Light (LP&L) for electrical services for the term of the tax abatement. If company chooses to utilize a different power company, this contract shall be terminated. SECTION 11. City Access to Property. Company covenants and agrees that City AGREEMENT — ALLEN T'S SHOPPING CENTER Page 4 shall have access to the property, which is the subject matter of this Agreement, 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 commercial tax abatement, attached as Exhibit "C", and this Agreement. SECTION 12. 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 2: 80% Year 3: 60% Year 4: 40% Year 5: 20% SECTION 13. Commencement Date. This Agreement shall commence upon the January 1st following the substantial completion of construction and shall expire five (5) years after such date. Company shall provide certification of completion in writing both to the City and to the Lubbock Central Appraisal District within ten (10) days of completion of the project. SECTION 14. Type of Improvements. The Company proposes to build a new facility as described in Exhibit "C". The Company further states that the proposed improvements to the property above mentioned shall commence on the 1st day of August, 2005, and shall be completed within approximately five (5) 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 15. 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 by December 31, 2005. SECTION 16. Limitation on Use. Company agrees to limit the use of the property AGREEMENT —ALLEN T'S SHOPPING CENTER Page 5 set forth in Exhibit "A" to the proposed commercial uses and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the designated Enterprise Zone during the term of this Agreement. SECTION 17. 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 Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones adopted by Resolution No. 2003- R0369 of the City Council of the City of Lubbock and amended by Resolution No. 2004- R0594. (Exhibit B). SECTION 18. 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 19. Compliance. The City may cancel or modify this Agreement upon sixty (60) days written notice, as set forth in Section VH of Exhibit B, if the Company fails to comply with any of the terms of this 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 ALLEN T' S SHOPPING CENTER, LLC. City Manager Allen Teinert P.O. Box 2000 PO Box 5327 Lubbock, TX 79457 Lubbock, TX 79408 AGREEMENT — ALLEN T'S SHOPPING CENTER Page 6 SECTION 20. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as it shall be finally passed and approved. EXECUTED this — _ day of T� 52005. ALLEN T'S SHOPPING CENTER, LLC CITY OF LUBBOCK A Municipal Corporation ALLEN TEINERT ATTEST: MARC MCDOUGAL MAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Rob Allison, Director of Business Development APPROVED AS TO FORM: Linda Chamales, Senior Attorney Office Practice Section AB/G:/"rax Abatement/Allen T's Shopping Center/Allen T's Shopping Center Contract AGREEMENT - ALLEN T'S SHOPPING CENTER Page 7 Exhibit "A" Aerial Allen T's Shopping Center, LLC EXHIBIT "A" 6 of _WM sYNAecx s r d I W LAvlow uaaa�w a + WE P _ Exhibit "B" GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR COMMERCIAL PROJECTS IN DESIGNATED ENTERPRISE ZONES IN THE CITY OF LUBBOCK SECTION I. General Purpose: The City of Lubbock is committed to the promotion of high quality commercial development in designated Enterprise Zones within the City; and to an ongoing improvement in the quality of life for citizens residing in designated Enterprise Zones. The Affected Jurisdictions recognize that these objectives are generally served by enhancement and expansion of the local economy. The Affected Jurisdictions will, on a case -by -case basis, give consideration to providing tax abatement, as authorized by V.T.C.A., Tax Code, Chapter 312, as stimulation for economic development within the designated Enterprise Zones in the City of Lubbock. It is the policy of the Affected Jurisdictions that said consideration will be provided in accordance with the guidelines and criteria herein set forth and in conformity with the Tax Code. Nothing contained herein shall imply, suggest or be understood to mean that the Affected Jurisdictions are under any obligation to provide tax abatement to any specific applicant (V.T.C.A. Tax Code, Section 312.002(d)). With the above rights reserved, all applicants for tax abatement will be considered on a case -by -case basis. SECTION II. Definitions: As used within these guidelines and criteria, the following words or phrases shall have the following meaning: Abatement of Taxes: To exempt from ad valorem taxation all or part of the value of certain Improvements placed on land located in a designated Enterprise Zone for commercial development purposes for a period of time not to exceed five (5) years. 2. Affected Jurisdiction: The City of Lubbock and the County of Lubbock 3. Abatement Agreement: A contract between a property owner and the Affected Jurisdictions for the abatement of taxes on qualified property located within a designated Enterprise Zone as authorized by V.T.C.A., Tax Code, Section 312.204(a). 4. Base Year Value: The assessed value of property eligible for tax abatement as of January 1 preceding the execution of an Abatement Agreement as herein defined. 5. Expansion of Existing Facilities or Structures: The addition of buildings, structures, machinery or equipment to a Facility. 6. Existing Facility or Structure: A Facility as of the date of execution of the Tax Abatement Agreement, located in or on Real Property eligible for tax abatement. 7. Facility: The improvements made to Real Property eligible for tax abatement and including the building or structure erected on such Real Property and/or any Tangible Personal Property to be located in or on such property. 2003 Commercial Guidelines Amended December 16, 2004 Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 2 8. Improvements to Real Property or Improvements: Shall mean the construction, addition to, structural upgrading of, replacement of, or completion of any facility located upon, or to be located upon, Real Property, as herein defined, or any Tangible Personal Property placed in or on said Real Property. 9. Modernization/Renovation of Existing facilities: The replacement or upgrading of existing facilities. 10. New Facility: The construction of a Facility, that has not previously existed within the affected jurisdiction and will be a totally new business operation, on previously undeveloped real property eligible for tax abatement. 11. New Permanent Job: A new employment position created by a business that has provided employment to an employee of at least 1,820 hours annually and intended to be an employment position that exists during the life of the abatement. 12. Owner: The record title owner of Real Property or the legal owner of Tangible Personal Property. In the case of land leased from an Affected Jurisdiction or buildings leased from a private party or tax exempt property, the lessee shall be deemed the owner of such leased property together with all improvements and Tangible Personal Property located thereon. 13. Productive Life: The number of years a Facility is expected to be in service. 14. Real Property: Land on which Improvements are to be made or fixtures placed. 15. Tangible Personal Property: Any Personal Property, not otherwise defined herein, and which is necessary for the proper operation of any type of Facility. SECTION III. Intent of Criteria and Guidelines: The intent of the criteria and guidelines, as herein set forth, is to establish the minimum standards which an applicant for tax abatement must meet in order to be considered for such status by the Affected Jurisdictions. SECTION IV. Criteria and Guidelines for Tax Abatement: Any type of Facility will be eligible for tax abatement consideration provided such Facility meets the following guidelines and criteria: 1. A business must clearly add to the Lubbock economic base. Compliance with this criterion must show that additional jobs are being provided and the jobs being proposed will not simply displace other similar jobs in the community. 2. Creation of new value: Abatement may only be granted for the additional value resulting from any of the following: (a) modern izationlrenovation of existing facilities of any type as herein defined; Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 3 (b) construction of a new facility of any type as herein defined; (c) expansion of existing facilities of any type as herein defined. 3. New or existing facilities, of any type herein defined, located in a reinvestment zone or upon Real Property eligible for such status will be eligible for consideration for tax abatement status provided all other criteria or guidelines are satisfied. 4. Improvements to Real Property are eligible for tax abatement status. 5. The following types of property shall be ineligible for tax abatement status and shall be fully taxed: (a) Real Property; (b) inventories or supplies; (c) tools; (d) furnishings and other forms of movable personal property; (e) vehicles; (I) aircraft; (g) housing; (h) boats; (i) property owned by the State of Texas or any state agency; and, {j) property owned or leased by a member of the affected Jurisdiction that did not have an active tax abatement in place before they became a member of the governing body or commission. 6. In order for a Facility to qualify for abatement, the following conditions must apply: (a) The owner or leaseholder of real property must make eligible improvements to the real property; and, (b) In the case of lessees, the leaseholder must have a lease commitment of at least five (5) years. (c) Property must be properly zoned for the use stated by the owner in the application. (d) Facilities located within the certificated territory of the City's municipally owned electric utility, Lubbock Power and Light (LP&L), must utilize LP&L for electrical Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 4 services during the term of the abatement, so long as LP&L's rates are competitive on a state-wide basis. 7. The amount and term of abatement shall be determined on a case -by -case basis, however, in no event shall taxes be abated for a term in excess of five (5) years. The amount of the taxable value of Improvements to be abated and the term of the abatement shall be determined by the Affected Jurisdiction in all cases. The authority of all other taxing units shall be as set forth in V.T.C.A., Tax Code, Section 312.206. 8. No commercial property shall be eligible for tax abatement under these guidelines and criteria unless such property is located in a designated Enterprise Zone in accordance with Government Code, Chapter 2303.101 and the tax abatement application is filed with the taxing jurisdiction before construction begins. 9. The minimum economic qualification for tax abatement shall be as follows: (a) $250,000 investment or 10 new permanentjobs (b) At least 30% of the business' new employees in the zone are residents of any zone within the governing body's or bodies' jurisdiction. 10. Notwithstanding any of the requirements set forth in Subsection 9 above, the governing body of an Affected Jurisdiction upon the affirmative vote of three -fourths (314) of its members may vary any of the above requirements when variation is demonstrated by the applicant for Tax Abatement that variation is in the best interest of the Affected Jurisdiction to do so, and will enhance the economic development of the Affected Jurisdiction. By way of example only, and not by limitation, the governing body of an Affected Jurisdiction may consider the following or similar terms in determining whether a variance shall be granted: (a) That the increase in productivity of the Facility will be substantial and hence directly benefit the economy. (b) That the increase of goods or services produced by the Facility will be substantial, and directly benefit the economy. (c) That the employment maintained at the Facility will be increased. (d) That the waiver of the requirement will contribute, and provide for the retention of existing jobs within the Affected Jurisdiction. (e) That the applicant for tax abatement has demonstrated that if tax abatement is granted to his Facility, even though his Facility will not employ additional personnel that, nevertheless, due to the existence of said Facility, new jobs will be created as a direct result of his Facility in other facilities located within the Affected Jurisdiction. Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 5 (f) Any other evidence tending to show a direct economic benefit to the Affected Jurisdiction. 11. Taxability: (a) The portion of the value of Improvements to be abated shall be abated in accordance with the terms and provisions of a Tax Abatement Agreement executed between the Affected Jurisdiction and the owner of the Real Property and/or Tangible Personal Property, (which agreement shall be) in accord with the provisions of V.T.C.A., Tax Code, Section 312.205. (b) All ineligible property, if otherwise taxable as herein described, shall be fully taxed. 12. The governing body of each Affected Jurisdiction shall have total discretion as to whether tax abatement is to be granted. Such discretion, as herein retained, shall be exercised on a case -by -case basis. The adoption of these guidelines and criteria by the governing body of an Affected Jurisdiction does not: (a) Limit the discretion of the governing body to decide whether to enter into a specific tax abatement agreement; (b) Limit the discretion of the governing body to delegate to its employees the authority to determine whether or not the governing body should consider a particular application or request for tax abatement; or, (c) Create any property, contract, or other legal right in any person to have the governing body consider or grant a specific application or request for tax abatement. 13. The burden to demonstrate that an application for tax abatement should be granted shall be upon the applicant. Each Affected Jurisdiction to which the application has been directed shall have full authority to request any additional information from the applicant that the governing body of such Affected Jurisdiction deems necessary to assist it in considering such application. SECTION V. Tax Abatement Agreement: 1. The Tax Abatement Agreement may be executed between the owner and the municipality. A Tax Abatement Agreement shall: (a) Establish and set forth the Base Year assessed value of the property for which tax abatement is sought. (b) Provide that the taxes paid on the Base Year assessed value shall not be abated as a result of the execution of said Tax Abatement Agreement. Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 6 (c) Provide that ineligible property as subscribed in Section IV, Subsection 5, hereinabove shall be fully taxed. (d) Provide for the exemption of Improvements in each year covered by the agreement, only to the extent the value of such Improvements for each such year exceeds the value for the year in which the agreement is executed. (e) Fully describe and list the kind, number and location of all of the improvements to be made in or on the Real Property. (f) Set forth the estimated value of all improvements to be made in or on the Real Property. (g) Clearly provide that tax abatement shall be granted only to the extent: (1) The improvements to Real Property increase the value of the Real Property for the year in which the Tax Abatement Agreement is executed; and, (2) That the Tangible Personal Property improvements to Real Property were not located on the Real Property prior to the execution of the Tax Abatement Agreement. (h) Provide for the portion of the value of the improvements to Real Property or improvements to be abated. This determination is to be made consistent with the provisions of Section IV, Subsection 5, of these guidelines and criteria as hereinabove set forth. (i) Provide for the commencement date and the termination date. In no event shall said dates exceed a period of five (5) years. (j) Describe the type and proposed use of the improvements to Real Property or improvements including: (1) The type of facility. (2) Whether the improvements are for a new facility or renovation of a facility. (3) The nature of the construction, proposed time table of completion, a map or drawings of the improvements above mentioned. (4) The amount of investment and the commitment for the creation of new jobs. (5) A list containing the kind, number and location of all proposed improvements. (6) Any other information required by the Affected Jurisdiction. (k) Provide a legal description of the Real Property upon which improvements are to be made. Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 7 (1) Provide access to and authorize inspection of the Real Property or improvements by employees of the Affected Jurisdiction, who have executed a Tax Abatement Agreement with owner to insure improvements are made according to the specifications and conditions of the Tax Abatement Agreement. (m) Provide for the limitation of the uses of the Real Property or improvements consistent with the general purpose of encouraging development or re- development of the zone during the period covered by the Tax Abatement Agreement. (n) Provide for contractual obligations in the event of default by owner, violation of the terms or conditions by owner, recapturing property tax revenue in the event the owner defaults or otherwise fails to make improvements as provided in said Tax Abatement Agreement, and any other provision as may be required or authorized by State law. (o) Contain each term agreed to by the owner of the property; (p) Require the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement; and (q) Provide that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement. 2. Not later than the seventh day before the City of Lubbock (as required by V.T.C.A., Tax Code, Section 312.2041 or Section 312.402) enters into an agreement for tax abatement under V.T.C.A., Tax Code, Section 312.204, the governing body or a designated officer or employee thereof shall deliver to the presiding officer of the governing body of each of the taxing units in which the property to be subject to the agreement is located, a written notice that the City intends to enter into the agreement. The notice must include a copy of the proposed Tax Abatement Agreement. 3. A notice, as above described in Subparagraph 2, is presumed delivered when placed in the mail, postage paid and properly addressed to the appropriate presiding officer. A notice properly addressed and sent by registered or certified mail for which a return receipt is received by the sender is considered to have been delivered to the addressee. 4. Failure to deliver the notice does not affect the validity of the agreement. SECTION V1. Application: Any present owner of taxable commercial property located within the designated Enterprise Zone of the City of Lubbock may apply for tax abatement by filing an application with the City of Lubbock. Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 8 2. The application shall consist of a completed application form accompanied by: (a) A general description of the improvements to be undertaken. (b) A descriptive list of the improvements for which tax abatement is requested. (c) A list of the kind, number and location of all proposed improvements of the Real Property Facility of Existing Facility. (d) A 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. (e) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. (f) A legal description of property. (g) Address of property. (h) A proposed time schedule for undertaking and completing the proposed improvements. (i) A general description stating whether the proposed improvements are in connection with: (1) the renovation of a facility; or, (2) construction of a new facility. Q) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. (k) A statement of the assessed value of the Real Property, Facility or Existing Facility for the Base Year. (1) Information concerning the number of new jobs that will be created or information concerning the number of existing jobs to be retained as result of the improvements undertaken. (m) Any other information which the City of Lubbock deems appropriate for evaluating the financial capacity of the applicant and compatibility of the proposed improvements with these guidelines and criteria. (n) Information that is provided to an Affected Jurisdiction in connection with an application or request for tax abatement, and which describes the specific processes or business activity to be conducted or the equipment or other property to be located on the property for which tax abatement is sought is confidential and Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 10 control of applicant or owner for a period of 180 days during the term of a tax abatement agreement, then in such event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. The burden shall be upon the applicant or owner to prove to the satisfaction of the Affected Jurisdiction to whom the application for tax abatement was directed that the discontinuance of producing goods or ser- vices was as a result of fire, explosion, or other casualty or accident or natural disaster or other even beyond the control of applicant or owner. In the event the applicant or owner meets this burden, and the Affected Jurisdiction is satisfied that the discontinuance of the production of goods or services was the result of events beyond the control of the applicant or owner, then such applicant or owner shall have a period of one year in which to resume the production of goods and services. In the event that the applicant or owner fails to resume the production of goods or services within one year, then the Tax Abatement Agreement shall terminate and the Abatement of all taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. The one year time period, hereinabove mentioned, shall commence upon written notification from the Affected Jurisdiction to the applicant or owner. In the event that the applicant, owner or Lessee has entered into a tax abatement agreement to make improvements to a facility of any type described in Section 1 above, but fails to undertake or complete such improvements or fails to create all or a portion of the number of new jobs provided by the Tax Abatement Agreement, then in such event the Affected Jurisdiction to whom the application for tax abatement was directed shall give the applicant or owner sixty (60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction of the Affected Jurisdiction, above mentioned, that the applicant or owner has commenced to cure such failure within the sixty (60) days above mentioned. In the event that the applicant or owner fails to demonstrate that he is taking affirmative action to cure his failure, then in such event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 3. In the event that the Affected Jurisdiction to whom application for tax abatement was directed determines that the applicant or owner is in default of any of the terms or conditions contained in the Tax Abatement Agreement, then in such event the Affected Jurisdiction shall give the applicant or owner sixty (60) days written notice to cure such default. In the event such default is not cured to the satisfaction of the Affected Jurisdiction within the sixty (60) days notice period, then the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 9 not subject to public disclosure until the Tax Abatement Agreement is executed. Information in the custody of an Affected Jurisdiction after the agreement is executed is not confidential. (V.T.C.A., Tax Code, Section 312.003). (o) The City of Lubbock shall determine if the property described in said application is within a designated Enterprise Zone. If the City determines that the property described is not within a current Enterprise Zone, then they shall so notify the applicant and said application shall then be returned to the applicant. SECTION V11. Default Options In the event that the applicant, owner or lessee has entered into a tax abatement agreement to make improvements as defined in Section IV.2 above, but fails to undertake or complete such improvements; fails to create all or a portion of the new jobs provided by the Tax Abatement Agreement: or is in default of any of the terms or conditions contained in the Tax Abatement Agreement; then in such event the Affected Jurisdiction to whom the application for tax abatements was directed shall give the applicant or owner sixty (60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction of the Affected Jurisdiction above mentioned that the applicant or owner has commenced to cure such failure within the sixty (60) days above mentioned. In the event the applicant owner, or lessee fails to demonstrate that he is taking affirmative action to cure his failure, the Affected Jurisdiction shall have three options: (a) The Affected Jurisdiction may renegotiate the Agreement with the applicant, owner or lessee, in which case the current Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones shall apply to the new Agreement; or (b) The Affected Jurisdiction may determine that good cause exists to cancel the Agreement and all abatement of taxes shall terminate immediatelyy or (c) The Affected Jurisdiction may terminate the Agreement and recapture taxes abated under Section VIII. Recapture. 2. In any of the three options in subparagraph 1 above, the Affected Jurisdiction to which the application for tax abatement was directed shall determine whether default has occurred by the applicant, owner or lessee in the terms and conditions of the Tax Abatement Agreement and shall so notify all other Affected Jurisdictions. Cancellation or termination of the Tax Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement was directed shall constitute simultaneous action to all Tax Abatement Agreements of all other Affected Jurisdictions. SECTION V111. Recapture 1. In the event that any type of facility, (as defined in Section Il, Subparagraphs 5, 6, 7, 8, 9) is completed and begins producing goods or services, but subsequently discontinues producing goods or services for any reason, excepting fire, explosion or other casualty or accident or natural disaster or other event beyond the reasonable Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 11 abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 4. In the event that the applicant or owner allows ad valorem taxes on property ineligible for tax abatement owed to any Affected Jurisdiction, to become delinquent and fails to timely and properly follow the legal procedures for their protest or contest, then in such event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination, under this subparagraph, takes place shall be payable to each Affected Jurisdiction by no later than January 31 st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 5. In the event that the applicant or owner, who has executed a tax abatement agreement with any Affected Jurisdiction, relocates the business, for which tax abatement has been granted, to a location outside of the designated reinvestment zone, then in such event, the Tax Abatement Agreement shall terminate after sixty (60) days written notice by the Affected Jurisdiction to the Owner/Applicant. Taxes abated during the calendar year in which termination, under this subparagraph takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 6. The date of termination as that term is used in this Subsection VIII shall, in every instance, be the 60th day after the day the Affected Jurisdiction sends notice of default, in the mail to the address shown in the Tax Abatement Agreement to the Applicant or Owner. Should the default be cured by the Owner or Applicant within the sixty (60) day notice period, the Owner/Applicant shall be responsible for so advising the Affected Jurisdiction and obtaining a release from the notice of default from the Affected Jurisdiction, failing in which, the abatement remains terminated and the abated taxes must be paid. In every case of termination set forth in Subparagraphs 1, 2, 3, 4 and 5 above, the Affected Jurisdiction to which the application for tax abatement was directed shall determine whether default has occurred by Owner (Applicant) in the terms and conditions of the Tax Abatement Agreement and shall so notify all other Affected Jurisdictions. Termination of the Tax Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement was directed shall constitute simultaneous termination of all Tax Abatement Agreements of all other Affected Jurisdictions. 8. In the event that a tax abatement agreement is terminated for any reason whatsoever, and taxes are not paid within the time period herein specified, then in such event, the provisions of V.T.C.A., Tax Code, Section 33.01 will apply. Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones Amended December 16, 2004 PAGE 12 SECTION IX. Miscellaneous: 1. Any notice required to be given by these criteria or guidelines shall be given in the following manner: (a) To the Owner or Applicant: written notice shall be sent to the address appearing on the Tax Abatement Agreement. (b) To an Affected Jurisdiction: written notice shall be sent to the address appearing on the Tax Abatement Agreement. 2. The Chief Appraiser of the Lubbock Central Appraisal District shall annually assess the Real and Personal Property comprising the reinvestment zone. Each year, the Applicant or Owner receiving tax abatement shall furnish the Chief Appraiser with such information as may be necessary for the abatement. Once value has been established, the Chief Appraiser shall notify the Affected Jurisdictions which levy taxes of the amount of assessment. 3. Upon the completion of improvements made to Facility as set forth in Section VII, Subparagraph 1 of these criteria and guidelines, a designated employee or employees of any Affected Jurisdiction having executed a tax abatement agreement with Applicant or Owner shall have access to the Facility to ensure compliance with the Tax Abatement Agreement. 4. A Tax Abatement Agreement may be assigned to a new owner, but only after written consent has been obtained from all Affected Jurisdictions which have executed such an agreement with the Applicant or Owner. 5. These guidelines and criteria are effective upon the date of their adoption by an Affected Jurisdiction and shall remain in force for two years. At the end of the two- year period, these guidelines and criteria may be re -adopted, modified, amended or re -written as the conditions may warrant, 6. Each Affected Jurisdiction shall determine whether or not said Affected Jurisdiction elects to become eligible to participate in tax abatement. In the event the Affected Jurisdiction elects by resolution to become eligible to participate in tax abatement, then such Affected Jurisdiction shall adopt these guidelines and criteria by separate resolution forwarding a copy of both resolutions to all other Affected Jurisdictions. In the event of a conflict between these guidelines and criteria and V,T.C.A., Tax Code, Chapter 312, then in such event, the Tax Code shall prevail, and these guidelines and criteria interpreted accordingly. The guidelines and criteria, once adopted by an Affected Jurisdiction, may be amended or repealed by a vote of three -fourths of the members of the governing body of an Affected Jurisdiction during the two-year term in which these guidelines and criteria are effective. Exhibit "C" R APPLICATION FOR COMMERCIAL TAX ABATEMENT IN LUBBOCK, TEXAS rile to 0 a iP# o ]�eere "4Mf t is or the EUNES trigl#i thereon vw becus for the ORIGINAL COPY OF THIS APPLICATION AND ATTACHMENTS SHOULD BE SUBMITTED TO: City of Lubbock Business Development Department P.O. Box 2000 1625131h Street Lubbock, TX 79457 (806) 775-2019 Date of Application: 7 / 1 / 05 Applicant Name: Allen Teinert Company Name: Allen T's Shopping Center, LLC Address: PO 4ox 5327, Lubbock, TX 79408 Phone: 806-744-2801 Fax: 806-744-2401 Applicants Representative on this project: Scott Collier Name: Scott Collier Address: 4009 Clovis Road, Lubbock, TX 79415 Phone: 806-744-2801 Type of Ownership: [A Corporation [ ] Partnership [ ] Proprietorship Total Current Number Employees: 0 Corporate Annual Sales Per Year. 0 SeCMM.11.- I FACILIT1("*FQRMATIC* * New Corporation (a) This application is for a: " New Facility [ ] Expansion [ ] Modernization (b) Type of Commercial Facility for which abatement is requested: Retail Shopping Center COMAPP2000 Commercial Tax Abatement Application Page 2 (c) Minimum economic qualification for tax abatement - place a check beside the statements that apply to your project: [X] Minimum investment at least $250,000 [ ] Creation of at least 10 new permanent jobs [ ] At least 30% of the new employees to be hired by the business will be residents of any enterprise zone within the governing body's jurisdiction (d) [g] 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) Address of proposed facility: lab University Avenue (f) Legal description of proposed facility: Lots 1 , 2.3, and 4 of Block 16, of Parks Addition, City of Lubbock, Lubbock County, Texas. (g) Describe product or service to be provided: Retail Shopping Center, Banking, National Sales 11 Please attach the following: Attachment 1 (a) A general description of the improvements to be undertaken (example: build new retail store at 4501 Peach Street and install new furniture and fixtures). (b) A descriptive list of the improvements for which tax abatement is requested, including: (1) cost and 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. I (d) A proposed time schedule for undertaking and completing the proposed improvements. I Attachment 2 I (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility i together with the location of any or all Existing Facilities located on the Real Property or Facility. I Attachment 3 Goirlmercial Tax Abatement Application Page 3 (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). (c) Information concerning the number of new jobs that will be created or the number of existing jobs to be retained as a result of the improvements undertaken. 11 Part A — Current Investment in Existing Improvements: II part 8 — Permanent Employment Estimates: (1) (2) (3) (4) 110,000.00 If existing facility, what is the current plant employment: NIA Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs 10 *Tenant Employees Time Frame 3/2006 Estimated number of retained jobs: 10 Opening of improvements: (Month) 12 of (Year) 20 05 . [I Part C — Permanent Payroll Estimates: If existing facility, what is the current plant payroll: _ Estimated amount of new payroll: $250, 000.00 Estimated amount of retained payroll: 250, 000.00 11 Part D — Construction and Employment Estimates: 181 (1) Construction start: Month 8 Year 20 05 . (2) Number of construction jobs: At Start 5 Peak (3) Number of man-years: 25 Finish 10 Commercial Tax Abatement Application Page 4 Part E — School District Impact Estimates: Give Estimated number of Children added to iSD's 10 Part F — City Impact Estimates: (1) Volume of treated water required from City 272 gallons per day. Il (2) Volume of effluent to be treated by City 113 gallons per day. I Part G — Estimated Appraised Value on Site: LAND PERSONAL IMPROVEMENTS PROPERTY Value of Existing Facility Before New Construction (From Central Appraisal District) 25,025.00 0 91, 673.00 11 Value of New Improvements 110,000.00 0 300 , 000.00 lImprovements Estimated Total Value After 110,000.00 0 300,000.00 Part H — Variance: (a) Is a variance being sought under Section IV 9(d) of the "Guidelines"? [ ] Yes TX] No (b) If "Yes", attach any supplementary information required. ,,: To the best of my knowledge, the above information is an accurate descriptio roject d tails. Company Official Signature Allen Teinert Printed Name of Company Official Owner, President Title of Company Official Commercial Tax Abatement Application Attachment I (a) Project Description — construction of new retail shopping center (approx. 5,000 sf) (b) Construction cost breakdown and building plans attached. (c) n/a (d) construction to begin 7/2005, completion 12/2005 Attachment 2 (a) Included in building plans Attachment 3 (a) Additional value included in construction cost breakdown (b) Tax statements of current property value are attached (c) We estimate the addition of 10 new jobs with addition of this retail center 3 lease units in center ( approximately 3-4 jobs per unit) -one unit preleased to local bank that will create 4 new jobs R90368 Page 1 of 1 SPSM LTD (00193246) PARKS 8LK 18 L 1 THRU 3 93,971 ATTN SONIC DRIVE IN PO BOX 16249 LUBBOCK,TX 79490 GLB, CLB, SLB, HSP, WHP 0 - 1 114 UNIVERSITY AVE 2004 2003 2002 2001 LUBBOCK. 79415 Imp HS - - - - Imp NHS $70.196 $70,196 $88,777 $88,777 Land HS - - - - Dato Volume Page Seller Name Land NHS $23,775 $23,775 $23,775 $23,775 02/25/2002 7519 46 TXG PROPERTIES OF TEXAS L-C; Ag Mkt - - - - 02/01/2000 6563 229 J S R MERCANTILE LTD Ag Use - 02/0211998 5716 163 TEXAS GASMAN LTO PTRSHP Tim Mkt - - 02/02/1998 5716 143 THRIFTWAY, MARKETING CORP Tim Use - - - - 11/2611996 5333 269 ATEX, GAS INC HS Cap - - - 11110M987 2674 246 ATEX, OIL CO Assessed $93,971 $93,971 $112,552 $112,652 01101/1981 1722 647 UNKNOWN Construction Foundation Exterior interior Roof Flooring 9 HeetlAC Baths Fireplace You Built Rooms Bedrooms 7 1980 9 Type Description Area Year Built EflYear Value C Commercial $70,196 MA MA - Main Area 231 1980 1980 $36,960 CA2 CA2 - Canopy 2100 1980 1980 $22,386 CP1 CPI - Paving Concrete 15600 1980 1980 $10,850 MA w ao 8PTS Description Area Market Ag Value F1 Commercial 1585OF 23,775 L4 11 8 B 21 R90397 Page 1 of 1 SPSM, LTD (00228805) PARKS BLK 16 L 4 22,727 ATTN SPAM PO BOX 16249 LUBBOCK,TX 79490 GLB, CLB, SLB, HSP, WHIP 0 2507 1ST PL 2004 2003 2002 2001 LUBBOCK, 79415 Imp HS $21,477 $23,023 $22.560 $16,467 Imp NHS - - - - Land HS Land NHS - $1,250 - $1,250 - $1,250 - $1,250 Date Volume Pape Seller Warns 061OBI2003 8347 116 INGRAM, JOHN CHARLES A9 Mkt _ _ _ - 04l29l1998 5821 01119l19% 5063 138 91 BILSON, CAROL INEZ YARBROUGH, JADIE ESTATE Ag Use Tim Mkt _ - - Tim Use - - - HS Cap - - - Assessed $22,727 $24,273 $23,810 $17,717 Conswof3on Foundation Exterior Interior Roof Flooring FT PB AS G Heat1AC Baths Fireptsce Year Built Roams Bedrooms W W 1966 Type Description Area Year Bulk Eff Year Value R Residential $21,477 MA MA - Main Area 768 1956 1956 $21,477 24 MA 24 SPTB Description Area Market Ag Value Al Residential 625OF 1,250 32 LTEINERT COMMERCIAL BUILDING SERVICES CTC ESTIMATE DATE: 3/29/2005 1 st & University REVISED: *:**.,+********fft*:..*.*:**#**,r�*:...******t*f.f***:x****,►****..*.****�**t*f#*f,r***#tt,►**r*f#*.*t«***� ITEM MATERIALS LABOR SUBS TOTAL tw,t*t�,rsr,r***,t***,r,r*t**r***s*srt,t**watt*wwr***�w,tt,t+r#w**w**�,t r,t,t,►+rwwww,rrw,t,r,t**t,t�sf:s:w**ts,tw,t,►wwtr+►tr+rw 0.00 Permits 500.001 500.00 Insurance 800.00 800.00 !temp utilities & restroom 300.00 300.00 Enviromental & surveys 4,000.00 4,000.00 Architectural & engineering 10,000.00 10.000.00 Recompact exisiting site dirt 12,000.00 12,000.00 Dirt work & Asphalt 23,920.00 23,920.00 Concrete foo ' s, slabs, walks, curbs 35,600.00 35,600.00 Anchor bolts 482.00 482.00 Rebar & misc. Steel 6,800.00 6,800.00 Metal building materials 28,700.00 28,700.00 Metal Building erection 10,750.00 10,750.00 Metal building insulation (roof) 1,650.36 1,650.36 0.00 Metal studs & sheathing 33,580.00 33,580.00 E.F.I.S. 22,950.00 22,950.00 0.00 Tile roofing 15,275.00 15,275.00 Metal cap flashing 2,189.00 2,189.00 Glass and store fronts 8,736-00 8,736.00 0.00 0.00 Electrical 23,680.00 23,680.00 Move telephone poles 15,000.00 15,000.00 Plumbing 8,400.00 8,400.00 0.00 Landscape & irrigation 6,650.00 6,650.00 Si n777 0.00 0.00 Clean-up & dumpster 500.00 1,500.00 2,000.00 0.00 Contingency allowance 10,000.00 10,000.00 0.00 0.00 0.00 TOTALS: 39,821.36 500.00 243,641.00 283,962-36 283,962.36 0.00 OVERHEAD: 0.00 0.06 PROFIT: 17,037.74 SALES TAX: 3,285.27 --__-_-.- -•__-- -- _ _._e �__..._,_ �_�_�__ TOTAL COST: 304,285.371 SITE PLAN - ALLEN T'S SHOPPING CENTER, LLC Ni: mcumwi r ems- 7m ` v ----------- 7Z f-,-N WM PLAN