HomeMy WebLinkAboutResolution - 2005-R0422 - Tax Abatement Agreement - Allen T's Shopping Center LLC - 09_08_2005Resolution No. 2005-RO422
September 89 2005
Item 23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock a Tax Abatement Agreement with Allen T's Shopping
Center, LLC. and all related documents. Said Agreement 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 8th day of September, 2005.
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Rob Alli ircc
Busines evelopment
APPROVED AS TO FORM:
Linda Chamales, Senior Attorney
Office Practice Section
LC: ccdocs(city att/Linda: Res- Tax Abatement- Allen T
August 29, 2005
Res- Tax Abatement - Allen T
Resolution No. 2005-RO422
AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This Agreement made this 8th day of September , 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 5th 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 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 (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-R0369 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 1" 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 IV 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 Cri-
teria 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
AGREEMENT - ALLEN T'S SHOPPING CENTER Page 2
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
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. Property 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.
AGREEMENT — ALLEN T'S SHOPPING CENTER Page 3
SECTION 7. Exemption from Tax. The City covenants and agrees to exempt
from taxation, in accordance with Section 5 above, the following properties:
(a) All proposed new construction to be located at 108 East University (114
University Avenue & 2507 lst 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 1 I
of this Agreement.
SECTION 8. Economic Oualification. 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. Electrici1y 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.
AGREEMENT — ALLEN T'S SHOPPING CENTER Page 4
SECTION 11. City Access to Property. Company covenants and agrees that City
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 1 st 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.
AGREEMENT - ALLEN T'S SHOPPING CENTER Page 5
SECTION 16. Limitation on Use. Company agrees to limit the use of the property
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 VII 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 8th day of SePtemhpr 2005.
ALLEN T'S SHOPPING CENTER, LLC CITY O LUB CK
A Mu c' l rporation
AL N TEINERT X Ak C C OUGAL
ATTEST:
MAYOR
ATTEST:
1
Rebecca Garza
City Secretary
APPROVED AS T� CONTENT:
ff
Rob A�is�r_, 1r`�'— e o f"iness
Development
APPROVED AS TO FORM:
Linda Chamales, Senior Attorney
Office Practice Section
AB/G:/'rax Abatement/Allen T's Shopping Center/Allen 'r's Shopping Center Contract
AGREEMENT—ALLEN T'S SHOPPING CENTER Page 7
Exhibit "A"
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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
B. 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 lll. 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) modernization/renovation 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;
(f) 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 I-P&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.
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 permanent jobs
(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
(3/4) 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.
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 Vt. 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 fling 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 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 Vll. 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 immediately; 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 Vill. Recce
1. In the event that any type of facility, (as defined in Section II, 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 lax 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.
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 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 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.
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 VI11 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.
7. 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.
6. 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"
APPLICATION FOR COMMERCIAL TAX ABATEMENT IN LUBBOCK, TEXAS
I qr to the anticipated c �mmencemw4 of constmalon. of imp��ts or the
fi arlktli, Mac"famiifa r-a# d-assurned conformance w,i*"C�;l1iDELINES
-RCJA ,TAX'A8AT NW4T.".[Copy attached). This application wilj- become a
+ i#R and. #no:wingly wie representations thereon will be growls 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 1 1 05
Applicant Name: Allen Teinert
Company Name: Allen T's Shopping Center, LLC
Address: PO Box 5327, Lubbock, TX 79408
Phone: 806-744-2801 Fax: 806-744-2401
IApplicants Representative on this project: Scott Collier
(Name: Scott Collier
Address: 4009 Clovis Road, Lubbock, TX 79415
Phone:
806-744-2801
Type of Ownership: [ 4 Corporation [ ] Partnership [ ] Proprietorship
Total Current Number Employees: 0 * New Corporation
Corporate Annual Sales Per Year. 0
1l'-R' FACILITY INFORMATION
(a) This application is for a: " New Facility [ ] Expansion [ ] Modernization
(b) Type of Commercial Facility for which abatement is requested: Retail Shopping Center j
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:
[xj Minimum investment at least $250,000
[ J 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) [XI 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: 108 University Avenue
(0 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
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.
(d) A proposed time schedule for undertaking and completing the proposed improvements.
Attachment 2
(a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility
together with the location of any or all Existing Facilities located on the Real Property or Facility.
Attachment 3
Commercial Tax Abaternent 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.
Part A — Current Investment in Existing Improvements: $110, 000.00
Part B — Permanent Employment Estimates:
(1) If existing facility, what is the current plant employment: N/A
(2) Estimated number of new jobs to be created and time frame for creation of jobs:
New Jobs 10 *Tenant Employees Time Frame 3/2006
(3) Estimated number of retained jobs: 10
(4) Opening of improvements: (Month) 12 of (Year) 20 05 .
Part C — Permanent Payroll Estimates:
(1) If existing facility, what is the current plant payroll: _
(2) Estimated amount of new payroll: $250, 000.00
(3) Estimated amount of retained payroll: 250 , 000.00
W
Part D — Construction and Employment Estimates:
(1) Construction start: Month a Year 20 05
(2) Number of construction jobs: At Start 5 Peak 25 Finish 10
(3) Number of man-years:
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.
I (2) Volume of effluent to be treated by City 113 gallons per day.
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
Estimated Total Value After
Improvements 110, 000.00 0 300, 000. 00
Part N - Variance:
(a) Is a variance being sought under Section IV 9(d) of the"Guidelines"? (] Yes YX] 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 1
(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
Ct
owner
40
pion
SPSM LTD (00183245)
PARKS BLK 16 L 1 THRU 3
93,971
ATTN SONIC DRIVE IN PO BOX 16249
wafts
Hemadesd Cap
LUB80CK,TX 79490
GLB, CLS, SLB, HSP, WHP
0
>$" Addnm
114 UNIVERSITY AVE
2004
2003
2002
2001
LUBBOCK. 79415
Imp HS
-
-
-
-
Imp NHS
$70,196
$70.196
$88,777
$88,777
��
Land H5
Land NHS
$23,775
-
$23,775
-
$23,775
'
$23,775
Daft Volume page Seller Name
02/25/2002 7519
46
TXG PROPERTIES OF TEXAS LLC
A9 Mkt
-
-
-
02/01/2000 6563
229
J 8 R MERCANTILE LTD
All Use
0210211998 5716
163
TEXAS GASMAN LTD PTRSHP
Tim Mkt
02/02/1998 5716
143
THRIFTWAY, MARKETING CORP
Tim Use
-
-
-
11/26/1996 5333
269
ATEX, GAS INC
Hs Cap
-
-
'
11/10/1987 2674
245
ATEX, OIL CO
Assessed
$93,971
$93.971
$112,552
$112,552
01/01/1981 1722
647
UNKNOWN
116111110161
Construction
Foundation
Eutarlor
Interior
Roo[
Flowing
9
HsatIAC
Baths
Fimplace
Year Built
Rooms
Bedrooms
�
z
1980
9
IrBpemesaettlp
Type Description Area Year Built Eff Year Value
C Commercial
$70,196
MA MA - Main Area
231
1980 1960 $36,960
CA2 CA2 - Canopy
2100
1980 1980 $22,386
CPI CPI - Paving Concrete
155W
1980 1980 $10,850
MA e0
eyo
SPTB Description Ana Market Ag Value
FI Commercial
15$50F
23,775
i0 it
s
8
21
R90397
Page 1 of 1
Guriiant Qwni r
L"* Qatafps11On
iJra"Vidom
ApWalsad
SPSM, LTD (00228805)
PARKS BLK 16 L 4
22,727
ATTN SPAM PO BOX 16249
LUBBOCK,TX 79490
E
Hswdataad Cap
GLB, CLB, SLB, HSP, WHP
0
81tus Ad*m
iWAory lalsoetnm*m
_ —
25071ST PL
2004
2003
2002
2001
LUBBOCK, 79415
Imp HS
$21,477
$23,023
$22,560
$16,467
Imp NHS
-
-
8>Alas
Land HS
Land NHS
$1,250
-
$1,250
-
$1,250
-
$1,250
Date Volume Page "I er Name
05/08/2003 8347
116
INGRAM, JOHN CHARLES
Ag Mkt
-
-
-
04/29/1998 5821
138
BILSON, CAROL INEZ
Ag Use
01/19/1996 5063
91
YARBROUGH, JADIE ESTATE
Tim Mkt
Tim Use
-
HS Cap
-
Assessed
$22,727
$24,273
$23,810
$17,717
AMiikutas
knprarsntaat Skokie
Construction
Foundation
Esterior
Interior
Roof
Flooring
-
FT
PB
AS
G
Hsst1AC
Bathe
Fireplace
Year Built
Rooms
Bedrooms
WW
1956
Type Description Area Year Built Eff Year Value
R Residential
$21,477
MA MA - Main Area
768
1956 1956 $21,477
24
MA
24
SPTB Description Anse Market Ag Value
Al Residential
625OF
1,250
32
TEINERT COMMERCIAL BUILDING SERVICES
CTC BrMA-M DATE: 3/29f 2005
1 st & university —� I REVISED i
ITEM MATERIALS LABOR SUBS TOTAL
I moo ,
rcrrruEs I
Insurance
80 0
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
RecomDact exisitina site dirt
I I2,000.,00
12.000.00
Dirt work & Asphalt i 23,920.001
23,920.00
Concrete footings, slabs, walks, curbs
35,600.00
1 35,600.00
Anchor bolts
482.00 '
482.00
Rebar & misc. Steel
6,800.00
6,800.00
Metal building materials
28,700.00
I 28,700.001
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 roofs
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 i
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
S' n777
0.001
Clean-up & dumpster
500.00
1,500.00
2,000.00
0.00
Contingency allowance
10,000.00 10,000.00 !
0.00
=1
m
TOTALS: 1 39,821.36 1 500.00 243,641.00 283,962.36
283,962.36
0.00 OVERHEAD:1 0001
0.06 d PROM 1 17.037.74
TOTAL COST: 304,285.37