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HomeMy WebLinkAboutResolution - 2007-R0101 - Assignment To Transfer - Naples Lubbock Venture Llc - Tax Abatement Agreement - 03/22/2007Resolution No. 2007-RO101 March 22, 2007 Item No. 5.8 RESOLUTION WHEREAS, by Resolution No. 6639, the City Council of the City of Lubbock approved a tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C., a copy of which Agreement is attached hereto as Exhibit "A" and incorporated in this Resolution as if fully set forth; and WHEREAS, U. S. Distribution Center, Ltd., successor by conversion to U. S. Distribution Center, L.L.C. assigned the tax abatement Agreement to First Industrial Development Services, Inc., a copy of which Assignment is attached hereto as Exhibit "B"and incorporated in this Resolution as if fully set forth; and WHEREAS, First Industrial Development Services, Inc, now desires to assign the tax abatement to Naples Lubbock Venture, L.L.C.; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Assignment to transfer and assign to Naples Lubbock Venture, L.L.C. that certain tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C., which was subsequently assigned to First Industrial Development Services, Inc. Said Assignment 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 22nd day of March DAVID A. M ER, MAYOR ATTEST: Reb cca Garza, City Secretary APPR VE AS O CONTENT: Rob Al ' on, Asses erty Manager Development Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney/ Office Practice Section LLC:lc/ City Att 1 Linda 1 RES- Assignment -Naples Lubbock Venture March 12, 2007 Resolution No. 2007-RO101 THE STATE OF TEXAS § ASSIGNMENT COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS THAT First Industrial Development Services, Inc., assignee of U.S. Distribution Center, Ltd., successor by conversion to U.S. Distribution Center, L.L.C. ("Assignor"), has this day and does by these presents transfer and assign to Naples Lubbock Venture, LLC, 3003 Tamiami Trail North, Suite 210, Naples FL 34103, that certain tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U.S. Distribution Center, L.L.0 which was assigned to First Industrial Development Services, Inc. A copy of the tax abatement agreement and the assignment to First Industrial Development Services, Inc. are attached hereto and incorporated herein by reference. Naples Lubbock Venture, LLC, hereby assumes all of the obligations of the Assignor under the attached Agreement. This Assignment shall be effective upon approval by the City Council of the City of Lubbock, Texas and the execution by the Mayor thereof. Dated this the day of ¢f .� 52007. FIRST INDUSTRIAL DEVELOPMENT SERVICES, Iran ., �— B Y— ATTEST: —'I NAPLES L OCK VENTURE, LLC B Craig Bryan, Authorized Member ATTEST: t�'r Lfi-F_ 'sAA,.-1) Le: ciryatt / Linda Assignment/Naples Lubbock Venture February 22, 2007 CITY OF LUBBOCK DAVID A. MILLER, MAYOR ATTEST: Rebecca Garza, City Secreta APPRO D / CONTENT Rob A ison, A anager Development Services APPROVED AS TO FORM: Linda Chamales, Senior Attorney Resolution No. 2007-RO101 Resolution No. 2007-ROO91 March 5, 2007 Item No. 5.11 RESOLUTION WHEREAS, by Resolution No. 6639, the City Council of the City of Lubbock approved a tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C., a copy of which Agreement is attached hereto and incorporated in this resolution as if fully set forth; and WHEREAS, U. S. Distribution Center, Ltd., successor by conversion to U. S. Distribution Center, L.L.C. desires to assign the tax abatement Agreement to First Industrial Development Services, Inc.; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Assignment to transfer and assign to First Industrial Development Services, Inc. that certain tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C. Said Assignment 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 5th day of March , 2007. DAVID A. M LER, MAYOR ATTEST: Reb cca Garza, City Secretary CONTENT: Manager Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attomey/ Office Practice Section LLC,k/ City Att / Linda / PES- Assignment-U. s. Distribution December 29, 2006 THE STATE OF TEXAS COUNTY OF LUBBOCK L1 ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS THAT U.S. Distribution Center, Ltd., successor by conversion to U.S. Distribution Center, L.L.C. ("Assignor"), has this day and does by these presents transfer and assign to First Industrial Development Services, Inc., 311 South Wacker Drive, Suite 4000, Chicago, Illinois 60606, that certain tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C. A copy of the tax abatement agreement is attached hereto and incorporated herein by reference. First Industrial Development Services, Inc., hereby assumes all of the obligations of the Assignor under the attached Agreement. This Assignment shall be effective upon approval by the City Council of the City of Lubbock, Texas and the execution by the Mayor thereof. Dated this the 5th day of March , 2007. U.S. DISTRIBUTION CENTER, Ltd By: U.S. Distribution Center GP, L.L.C., Its General Partner BY G. iGAII Andrew , Authorized Member ATTEST: FIRST INDUSTRIAL DEVELOPMENT SERVICES, INC. ATTES _ WW tom• James Rec &W AuL ^;nnatm Lc: cityatt! Linda Assignment/U.S. Distribution December 29.2006 CITY OF LUBBOCK ---�J Alp ; W�� DAVID A.AAII LER, MAYOR ATTEST: CQ Rebecca Garza, City Secr a APPROVED AS TO CONTENT Rob ison, XssZLjrA City Manager, Bus. Development APPROVED AS TO FORM: Linda Chamales, Senior Attorney Revolution No. 2007-RO101 Resolution No.6639 Dec. 16, 1999 Item No. 26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and U.S. Distribution Center, L.L.C., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of ATTEST: ilaytIarriell, City Secretary APPROVCFHD AS TO CONTENT: Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: ohn M. Knight, sistant ity Attorney JN1K:cp City alt/John/USDistrihutiunCcnter.Res & CCDOCS Novemher 23, 1999 December 1999. r,f,j I ""s, W'.- Resolution No. 2007-RO101 Resolution No. 6639 Dec. 16, 1999 Item No. 26 AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made this 16th day of December , 1999, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and U.S. Distribution Center, L.L.C. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 22nd day of October, 1999, an application for tax abatement for construction of a new facility located at 5801 Market Luther King, Jr. Blvd., which is further described as a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a %" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to a '/a" iron pipe found at a corner of this tract; THENCE North 00°40' West, a distance of 14.39 feet to a '/2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; THENCE North 89°56'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a'`/2" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE SoLlth 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract AGREEMENT-U.S. DISTRIBUTION CENTER, L.L.C. PAGE I One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a %" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest comer of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a'12" rod found at a point of intersection; THENCE North 01°28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. WHEREAS, upon review of the above application it was determined that the facilities will be located in the South Enterprise Zone designated by the City in Ordinance No. 9591 covering the above described property; and WHEREAS, the Guidelines and Criteria Governing Tax Abatement for Selected Taxing Units Within Lubbock County was heretofore adopted by Resolution No. 6515 of the City Council of the City of Lubbock; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines as set forth in the Guidelines and Criteria Governing Tax Abatement for Selected Taxing Units Contained Within Lubbock County, said guidelines having been adopted by Resolution No. 6515 of the City on September 23, 1999, and WHEREAS, the City did pass Ordinance No. 9591 creating an enterprise zone for commercial and industrial tax abatement, said zone including a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a''/z" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest comer of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to a V iron pipe found at a corner of this tract; THENCE North 00°40' West, a distance of 14.39 feet to a %" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; AGREEMENT- U.S. DISTRIBUTION CENTER, L.L.C. I'nUl: THENCE North 89056'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a''/z" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tra nct One (1), Jarvis -Williamson Addition, to the City of Lubbock. Lubbock County, Texas. continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a ''/s" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a'/z" rod found at a point of intersection; THENCE North 01°28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of t40.52 feet to the Point of Beginning. WHEREAS, V.A.T.C., Tax Code, Sec. 312.2011 provides that designation as an enterprise zone constitutes designation as a reinvestment zone without further action; and WHEREAS, the application received by City from Company is an application for 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 Tar Abatement for selected taxing units contained within Lubbock County adopted by the City Council by Resolution No. 6515 does recognize construction of a new facility as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria Governing Tax Abatement, as adopted by Resolution No. 6515, have been met by Company; and WHEREAS, the location of the facility and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this. Agreement for al l purposes; and AGREEMENT-U.S. DISTRIBUTION CENTER, L.L.C. PAGE 3 NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: SECTION 1. Term. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 1999, and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real property shall be paid in accordance with the assessed value of such property for the base year. Base year taxes upon the real property are thus not abated. SECTION 4. Abatement of Increase in Base Year Tax. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Property Ineligible for Tax Abatement. The property described and set forth in Section IV(6) of the Guidelines and Criteria Governing Tax Abatement for selected taxing units contained within Lubbock County and heretofore adopted by the City Council by Resolution No. 6515 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from taxation, in accordance with Section 4 above, the following properties: (a) All proposed new improvements to be placed upon a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a '/2" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.C. Johnson, Lubbock County, Texas; THENCE North 89036' East, a distance of 2030.50 feet to a 3/4" iron pipe found at a corner of this tract; THENCE North 00°40' West. a distance of 1439 feet to a "/2'" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; AGREEMENT -U.S. DISTRIBuTION CENTER, L.L.C. PAGE 4 THENCE North 89°56'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a %" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a ''/z" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a'/z" rod found at a point of intersection; THENCE North 01 °28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. (b) All eligible tangible personal property, owned by company, placed in or upon the property set forth in Exhibit "A", which does not include any equipment and personal property owned by Company and already located in the existing facility. (c) It is ffirther understood that all items affixed to the new improvements placed upon the real property identified in Exhibit "A" including machinery and equipment shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. SECTION 7. Economic Qualification. It is hereby found by the City that Company will expend fiinds in excess of the funds necessary to qualify for tax abatement by constructing a new facility, all as set forth in Section IV(3)(a) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 6515. SECTION 8. Value of Improvements. Company intends to expend approximately twenty-four million (24,000,000) dollars in constructing the facility and two million ($2,000,000) dollars in machinery and equipment, to be located within the enterprise zone created by Ordinance No. 9591. AGREEMENT -U.S. DISTRIBUTION CENTER, L.L.C. PAGI: 5 SECTION 9. City Access to Property. Company covenants and agrees that City shall have access to the property, which is the subject matter of this Agreement, upon reasonable notice and during normal business hours, and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the terms and conditions of Company's application for tax abatement, attached as Exhibit "A", and this Agreement. SECTION 10. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate taxes on eligible property according to the following schedule. Year 1: 100% Year 6: 50% Year 2: 90% Year 7: 40% Year 3: 80% Year 8: 30% Year 4: 70% Year 9: 20% Year 5: 60% Year 10. 10% SECTION 12. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth, and shall expire ten (10) years after such date. SECTION 13. Type of Improvements. The Company proposes to construct a new facility as described in Exhibit "A". The Company further states that the proposed improvements to the property above mentioned shall commence on the 22nd day' of October, 1999, and shall be completed within approximately 180 days from said date. The Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such improvements and such consent shall not unreasonably be withheld. SECTION 14. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 15. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the enterprise zone during the term of this agreement. SECTION 16. Recapture. The Company agrees to be bound by and comply "wil all the terms and provisions for recapture of abated takes in the event of default by Company pursuant to law and as set forth in Guidelines and Criteria for Tax Abatement adopted by Resolution No. 6515 of the City Council of the City of Lubbock. AGREEMENT— U.S. DISTRIBUTION CENTER, L.L.C. PAGE 6 SECTION 17. Certification. The Company agrees to certify annually to the governing body of each taxing unit that the owner is in compliance with the terms of the Agreement. SECTION 18. Compliance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. SECTION 19. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK U.S. DISTRIBUTION CENTER, L.L.C. City Manager G. Randall Andrews P.O. Box 2000 2574 74" Street, Suite 210 Lubbock, Texas 79457 Lubbock, TX 79423 SECTION 20. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as it has been finally passed and approved. EXECUTED this lbth day of U.S. DISTRIBUTION CENTER, L.L.C. G. RA ZALL AND AUTHORIZED MEl December CITY OF LUBBOCK Antcipal Cprporat WINDY MAYOR ATTEST: A EST: e retary Kay i Darnell City cretary 1999. AGREEMENT-U.S. DISTRIBUTION CENTER, L.L.C. PAGE 7 A PROV D AS TO CONTENT: Kevin G. W 1ker Business Lia son Officer APPROVED AS TO FORM: n M. Knight Assistant City Attorney CB: November 22, [999 G:/tax abatement/U. S. Distribution/agreement.doc & IMK:cp Cityatt/John/[JSDistributionCenter.Agr AGREEMENT—U.S. DISTRIBUTION CENTER, L.L.C. PAGE 8 " aU1.ULIUA NO.6639 EXHIBIT "A" Dec. 16, 1999 APPLICATION F :INDUSTRIAL TAX ABATEMEN`, ,N LUBBOCK COUNTY Item 126 FILING INSTRUCTIONS: This application should be filed at least NINETY (90) DAYS prior to the anticipated. commencement of construction of improvements or the installation of. equipment: This application must be submitted to the appropriate taxing jurisdiction before: any construction begins to be eligible for tax abatement. This filing acknowledges familiarity and assumed conformance. with "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR SELECTED TAXING UNITS CONTAINED WITHIN LUBBOCK COUNTY" (Copy, attached). This application will become a part of any later agreement or contract, and knowingly false representations thereon will be grounds for the voiding of any later agreement or contract. ORIGINAL COPY OF THIS APPLICATION AND ATTACHMENTS SHOULD BE SUBMITTED TO: City of Lubbock' Business Development Department P.O. Box 2000 1625 13'' Street Lubbock, TX 79457 r' (806) 775-2980 �f Section I :- APPLICANT INFORMATION Date of Application: l0 1 12 1 99 Applicant Name: G. Randall Andrews Company Name: U.S. Distribution Center, LLC Address: 2574 74th Street, Suite 210, Lubbock, Texas 79423 Phone: 806-745-9718 �,1 Fax: 806-748-1757 Applicants Representative on this project.' ` G. Randall Andrews I Name: U.S. Distribution Center, LLC 11 Address: 2574 74th Street, Suite 210, Lubbock, Texas 79423 Phone: 806-745--9 7 18 Type of Ownership: [ ] Corporation [X] Partnership [ ] Proprietorship Limited Liability Company Total Current Number Employees: Corporate Annual Sales Per Year: Private Company Annual Report Submitted? ( ] Yes 14 No IndApp97.doc Section_ 11 - FACILITY INFORMATION Place a check mark in the box on those statements which are applicable to your company: (a) This application is for a: [X] New Facility (] Expansion [ ] Modernization (b) Is the company a producer or manufacturer of goods and services of which 50 percent or more are distributed outside of Lubbock County or operator of a warehouse or distribution facility that distributes 50 percent of the goods or services outside of Lubbock County? (If yes, provide documentation as Attachment 1) [X] Yes [ ] No (c) Check the following target industry which is applicable to your company [ ] Manufacturing Facility: Electron icslElectrical/Assembly, Semiconductor Fabrication [ ] Value-added Agricultural Production including Food Processing and Machinery [ ] Med Tech Research/Manufacturing/Assembly [ ] Aviation/Avionics Production/Rehab [] Other Basic Industry [ ] The project is not included in the above target Industries, but has the potential of generating additional significant economic development opportunities in Lubbock. (Provide documentation) (d) [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) [X] New Company to Lubbock [ ] Existing Company (f) If New Company checked. which of the following statements apply to the project: [X] The project will add at least $1 million in real estate assessed valuation [X] The project will add at least $2 million of personal property assessed valuation [X] The project will add at least 25 new permanent jobs The project will add an estimated 240 new jobs. These employees will -work for Llano Logistics, a third party logistics If Existr�rOG�ome anhi0dke�, c i Unit o thse �af(owiri ksta ern°enispa r t o he �oaec lity. (g) 9 P Y g PP Y P! is { ] The project will add at least $500,060 in real estate assessed valuation [ ] The project will add at feast $1 million of personal property assessed valuation [ ] The project will add at least 20 new permanent jobs (h) Address of proposed facility: 5801 Martin Luther King Jr. Blvd. Lubbock. Texas 79404 (i) Legal description of proposed facility: Application for Industrial Tax Abatement in Lubbock County - Page 2 (j) The proposed facility is located in: School District: Lubbock Independent School District City: Lubbock, Texas (k) Describe product or service to be provided: Storage and distribution of dry and perishable crocery products to supermarkets throughout West Texas. I�Section IIL - FACILITY DESCRIPTION' q II Please attach the following: 11 Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). (b) A descriptive list of the improvements for which tax abatement is requested, including: (1) description of construction and location of all proposed improvements of the Real Property or Existing Facility, and; (2) list of new equipment and cost of the equipment. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. f (d) A proposed time schedule for undertaking and completing the proposed improvements. � f Attachment 3 j (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. 11 Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. (b) A statement of the assessed value of the Real Property, Facility or Existing Facility for the base year (attach tax assessment for property from the Lubbock Central Appraisal District). Aoolication for Industrial Tax Abatement in Lubbock Countv . Pana I r , lb Section N -ECONOMIC IMPACT INFORMATION , [Part A — Current Investment in Existing Improvements: --0- 11 part 9 — Permanent Employment Estimates: (1) If existing facility, what is the current plant employment: NA (2) Estimated number of new jobs to be created and time frame for creation of jobs: * New Jobs 240 See note below Time Frame By June 2000 (3) Estimated number of retained jobs: NA (4) Opening of improvements: (Month) March of (Year) a 2000 Part C — Permanent Payroll Estimates: (1) If existing facility, what is the current plant payroll: NA (2) Estimated amount of new payroll: $8,000,000/Year (Including Benefits) (3) Estimated amount of retained payroll: NA Part D — Construction and Employment Estimates: (1) Construction start: Month October Year 19 99 (2) Number of consVucUon jobs: At Start 1, Peak 190 Finish 90 (3) Number of man-years: 55 Part E — School District Impact Estimates: { Give Estimated number of: Families transferred to area 5 Children added to ISD's 8 Part P — City Impact Estimates: (1) Volume of treated water required from City 80,000 gallons per day. (2) Volume of effluent to be treated by City 33,000 gallons per day. (3) Please provide a statement on planned water and sewer treatment methods, and disposal of effluent if the facility is to be located outside City systems. NA (4) Has permitting been started? Yes X No *As occupant and operator of the warehouse. Llano Logistics will employ approximately 240 people. Part G - Estimated Appraised Value on Site: LAND PERSONAL. IMPROVEMENTS PROPERTY Value of Existing Facility Before New Construction (From Central Appraisal District) _$ 80,700 -0- -0- Value of New Improvements _$ 259, 300* $ 2,000,000 $24,000,000 Estimated Total Value After Improvements $ 340,000 $2,000,000 $ 24,000,000 Part H - Variance: (a) Is a variance being sought under Section IV 9(d) of the "Guidelines"? [ j Yes [X] No (b) If "Yes", attach any supplementary information required. *The difference betweened appraised value and purchase price is not subject to tax abatement. Sectlgn. V.:.:_ OTHER AGREEMENT APPLICATIONS y � ... ...... .:.:. ..:. .nf..f.nv ...Hs{+..A...YX'p(vv�s.�nm�:.. -.n. .. \ .:.. ,......... :... n::.4 ... - .. .._... .. ... (a) Has applicant made application for abatement of this facility by other taxing jurisdictions or counties? L ] Yes [K] No �. (b) If "Yes", please provide: (1) Dates of Application: (2) Hearing Dates: (3) Name of Jurisdiction(s): (4) Name of Contact(s): (4) Attach any letters of intent to abate. DDlicalion for Industrial Tax Abalemenl in Lubbock Countv - Non 5 Section VI DECLARATION y r... To the best of my knowledge, the above information is an accurate description of project details. -Company Offi Signature G. Randall Andrews Printed Name of Company Official Authorized Member Title of Company Official Attachments Resolution No.6639 Dec. 16, 1999 Z_Ce,A L h 91 P r/0AJ Item No . 26 METES AND BOUNDS DESCRIPTION of a 98.596 acre tract of land, more or less, located in Section Twenty -Three (23), Block E, S.I. Johnson, and Section Two (2), Block S, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/211 rod found in the East right-of-way line of M.L.K. Boulevard, at the Northwest corner of this tract, which bears South, 2666.67 feet1 and East, 63.65 feet from the Northwest corner of Section 23, Block E, S.Y. Johnson, Lubbock County, Texas; THENCE North 89636100/1 East, a distance of 2030.50 feet to a 3/4" iron pipe found at a corner of this tract; THENCE North 00040100/1 West, a distance of 14.39 feet to a 1/2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition to the City of Lubbock, Lubbock County, Texas, for a_carner of this tract; THENCE North 89'56124" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet, to a concrete monument found at a corner df said Lot 1, 'and the Northeast corner of this tract; THENCE South.00'40'00" East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 pet'to a 1/2" rod with cap found in the East right-of-way line of Aspen -Avenue, at the Southeast corner of this tract; THENCE South 89*2314111 West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis --Williamson Addition to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1, for a total distance of 3245.60 feet to a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a 1/2" rod found at a point of intersection; THENCE North 0102815911 East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning; Resolution No. 6639 Dec. 16. 1999 Item No. 26 Attachment 1 Section 11— FACILITY INFORMATION (b) Is the company a producer or manufacturer of goods and services of which 50 percent or more are distributed outside of Lubbock County or operator of a warehouse or distribution facility that distributes 50 percent of the goods or services outside of Lubbock County? (ff yes, provide documentation as Attachment 1) More than 50% of the products stored within this facility will be distributed outside of Lubbock County. Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). GeneraYUse ' The project is a new distribution center supplying food products to United Supermarkets' grocery locations throughout West Texas. The facility contains both dry and refrigerated warehouse space, offices and a remote salvage building for the handling of damaged or returned goods and products. Location The facility is to be located in Lubbock, Texas on a 99-acre site at 5801 Martin Luther King Jr. Blvd., approximately'/s miles north of and accessible to the intersection of Highway 84 and South Loop 289. This site was previously used for farming. (b) A general description of the improvements for which tax abatement is requested. 1) Description of construction and location of all proposed improvements of the Real Property or Existing Property. Buildine Size (sa. ft Dry Warehouse 273,839 Refrigerated Warehouse 210,924 Salvage Building 7,075 TOTAL 491,838 Construction The building shall be Type III-N Construction (1997 UBC), with steel frame construction, 4' dock -high concrete slab and an exterior cladding of insulated metal panels and tilt -up concrete. Construction Cost The total cost of construction for the proposed facility is approximately $26,000,000. Additional Information See enclosed Site Plan, Floor Plan and Rendering. Attachment 2 — Continued 2) List of new equipment and cost of the equipment, Racks $2,000,000 Materials Handling Systems 1,000,000 * Warehouse Management Systems 1,000,000 * Miscellaneous FF&E 250,000 * TOTAL $4,250,000 NOTE: Llano Logistics is purchasing the Materials Handling Systems FF&E. United Supermarkets is purchasing the Warehouse Management System. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existingfacility. The only structures existing on the site at the time of purchase were a small residential garage and an old farmhouse slab, both of which have since been demolished. (d) A proposed time schedule for undertaking and completing the proposed improvements. Sitework Commencement August 1999 Occupancy of Dry Warehouse April 2000 Occupancy of Refrigerated Warehouse May 2000 Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 3 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the heal Property or Facility. Please see the enclosed Site Plan, Floor Plan and Rendering. Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. Total Project Cost is approximately $26,340,000. (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). Mr. Pat Brownd of the Lubbock Central Appraisal District provided the attached tax assessments for the previous year. Mr. Brownd indicated that it is necessary to total several individual valuations in order to establish the current appraised value of the entire land parcel. J 1 ;7. 1- --j P�d -Vj-.! d. "'I I- - 7- 11 -41V I -Y i F. 1 11 1 7 D "I ji! Tt; oORATT 4x at n Mm 2. its i--r*;r-rrrf-.ftt;,.."i,.r r7i 7 P, V I I 14 - I x;4M P. W. i� .. 1 1, 1 Z 7 97-. " f 14C I - L z!:'] 170ir.-I I - 14t.0 t f I-, T-. _V No Text 'tll L9 41 Ca Exhibit "A" Resolution No. 6639 Dec. 16, 1999 Item No. 26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and U.S. Distribution Center, L.L.C., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of ATTEST: ayt I arnell, City Secretary APPROI�ED AS TO CONTENT: V9..4 Kevin G. ,Walker, Business Liaison Officer APPROVED AS TO FORM: ohn M. Knight, sistant ity Attorney JMK:cp CityaWJuhn/USUistributionCcnter.Res R CCDCK S Nmember 23, 1" December 1999. A� - - & kt& SITT4k MAYOR I AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 6639 Dec. 16, 1999 Item No. 26 This Agreement made this 16th day of December , 1999, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and U.S. Distribution Center, L.L.C. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 22nd day of October, 1999, an application for tax abatement for construction of a new facility located at 5801 Market Luther King, Jr. Blvd., which is further described as a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a %2" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest comer of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to a 1/4" iron pipe found at a corner of this tract; THENCE North 00°40' West, a distance of 14.39 feet to a %2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; THENCE North 89°56'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00040' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to all/2" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract AGREEMENT - U.S. DISTRIBUTION CENTER, L.L.C. PAGE I One (1), Jarvis -Williamson Addition, to the City of Lubbock. Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a `/2" rod found in the East right-of-way line of NI.L.K. Boulevard. for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a'/_" rod found at a point of intersection; THENCE North 01028'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. WHEREAS, upon review of the above application it \,vas determined that the facilities will be located in the South Enterprise Zone desikynated by the City in Ordinance No. 9591 covering the above described property; and WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Selected Taxing Units Within Lubbock County was heretofore adopted by Resolution No. 6515 of the City Council of the City of Lubbock; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines as set forth in the Guidelines and Criteria Governing Tax Abatement for Selected Taxing Units Contained Within Lubbock County, said guidelines having been adopted by Resolution No. 6515 of the City on September 23, 1999, and WHEREAS, the City did pass Ordinance No. 9591 creating an enterprise zone for commercial and industrial tax abatement, said zone including a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a %2" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 891136' East, a distance of 2030.50 feet to a 3%" iron pipe found at a corner of this tract; THENCE North 00°40' West, a distance of 14.39 feet to a %2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; AGREEMENT - U.S. DISTRIBUTION CENTER, L.L.C. PA(;L 2 THENCE North 89056'24- East, along the South line of Lot 1, Paymaster Addition, a distance of 1 196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a V2 rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23' 11" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas. continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a '12" rod found in the East right-of=way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a',' " rod found at a point of intersection; THENCE North 01'28"59" East, along the East right-of-way line of ;%I.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. WHEREAS, V.A.T.C., Tax Code, Sec. 312.2011 provides that designation as an enterprise zone constitutes designation as a reinvestment zone without further action; and WHEREAS, the application received by City from Company is an application for 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 selected taxing units contained within Lubbock County adopted by the City Council by Resolution No. 6515 does recognize constriction of a new facility as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria Governing Tax Abatement, as adopted by Resolution No. 6515, have been met by Company; and WHEREAS, the location of the facility and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this Agreement for all purposes; and AGREEMENT - U.S. DISTRIBUTION CENTER, L.L.C. PAGE 3 NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: SECTION 1. Term, This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 1999, and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real property shall be paid in accordance with the assessed value of such property for the base year. Base year taxes upon the real property are thus not abated. SECTION 4. Abatement of Increase in Base Year Tax. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Property Ineliuible for Tar Abatement. The property described and set forth in Section IV(6) of the Guidelines and Criteria Governing Tax Abatement for selected taxing units contained) within Lubbock County and heretofore adopted by the City Council by Resolution No. 6515 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. SECTION 6. Exemytion from Tax. The City covenants and agrees to exempt from taxation, in accordance with Section 4 above, the following properties: (a) All proposed new improvements to be placed upon a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2. Block S. Lubbock County, Texas, beint, further described as follows. BEGINNING at a rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23. Block E, S.I. Johnson, Lubbock COLinty, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to z'/," iron pipe found at a corner of this tract: THENCE North 00'40' West. a distance of 14.39 feet to a ',_' iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; AGREEMENT - U.S. DISTRIBUTION CENTCR, L.L.C. PAG(F 4 THENCE North 89°56'24" East, along the South line of Lot I. Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly. Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a `,!" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" Nest, alone the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said .Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a `,%" rod found in the East right-of-way line of M.L.K. Boulevard, for the Soutlwest corner of this tract, THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a `/z" rod found at a point of intersection; THENCE North 01°28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. (b) All eligible tangible personal property, owned by company, placed in or upon the property set forth in Exhibit "A", which does not include any equipment and personal property owned by Company and already located in the existing facility. (c) It is further understood that all items affixed to the new improvements placed upon the real property identified in Exhibit "A" including machinery and equipment shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. SECTION 7. Economic Qualification. It is hereby found by the City that Company will expend binds in excess of the funds necessary to qualify for tax abatement by constructing a new facility, all as set forth in Section IV(3)(a) of the Guidelines and Criteria for Tax abatement adopted by the City through Resolution No. 6515. SECTION 8. Value of Improvements. Company intends to expend approximately twenty-four million (24.000,000) dollars in constructing the facility and two million ($2,000.000) dollars in machinery and equipment, to be located within the enterprise zone created by Ordinance No, 9591. AGREEMENT - U.S. DISTRIBUTION CENTER, L.L.C. PAG1: 5 SECTION 9. City Access to Property. Company covenants and agrees that City shall have access to the property, which is the subject matter of this Agreement, upon reasonable notice and during normal business hours, and that municipal employees shall be able to inspect the property to insure that the improvements are b6m, made in accordance with the terms and conditions of Company's application for tax abatement, attached as Exhibit "A", and this Agreement. SECTION 10, Portion of Tat Abated. City agrees, during the term of this Agreement, to abate taxes on eligible property according to the tolloN� lnll schedule. Year 1: 100% Year 6: 50% Year 2: 90% Year 7: 40% Year 3: 80% Year 8: 30% Year 4: 70% Year 9: 20% Year 5: 60% Year 10: 10% SECTION Q. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth. and shall expire ten (10) years after such date. SECTION 13. Tvve of Improvements. The Company proposes to construct a new facility as described in Exhibit "A", The Company further states that the proposed improvements to the property above mentioned shall commence on the 22nd day' of October, 1999, and shall be completed within approximately 180 days from said date. The Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such 'improvements and such consent shall not unreasonably be withheld. SECTION 14. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 15. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encoura�Lling development of the enterprise zone during the term of this agreement. SECTION 16. Recapture. The Company agrees to be bound bN and compfy �011 all the terms and provisions for recapture of abated taxes ill the e,,ent of default by Company pursuant to law and as set forth in Guidelines and Criteria for Tax Abatement adopted by Resolution No. 6515 of the City Council of the City of Lubbock. AGREEMENT- U.S, DISTRIBUTION CENTER. L.L.C. PAC;L: 6 SECTION 17. Certification. The Company agrees to certify annually to the governing body of each taxing unit that the owner is in compliance with the terms of the Agreement. SECTION 18. Compliance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. SECTION 19. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK U.S. DISTRIBUTION CENTER, L.L.C. City Manager G. Randall Andrews P.O. Box 2000 2574 74" Street, Suite 210 Lubbock, Texas 79457 Lubbock, TX 79423 SECTION 20. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as it has been finally passed and approved. EXECUTED this 16th day of December , 1999. U.S. DISTRIBUTION CENTER, L.L.C. G. RAN GALL ANDS AUTHORIZED ME2BR CITY OF LUBBOCK n}cipal Cprporat WINDY S MAYOR ATTEST: A ` EST: - e retary ruKay t Darnell Citycretary AGREEMENT - U.S. DISTRIBUTION CENTER, L.L.C. PAGE 7 PROVT-AS TO CONTENT: Kevin G. WAIker Business Liaison Officer APPROVED AS TO FORM: ,kern M. Knight Assistant City Attorney CB: November 22, 1999 G:/tax abatement/U. S. Distributioniagreement.doc & JNIK:cp Cityatt/JobtilUSOistributianCenter.Agr AGREEMENT - U.S. Dls"f RIBUTION CENTER. L.L.C. PAGE 8 Resolution No.6635 EXHIBIT "A" Dec. 16, 1999 APPLICATION F : INDUSTRIAL TAX ABATEMENYN LUBBOCK COUNTY Item 126 FILING INSTRUCTIONS: This application should be filed at, feast NINETY (90) DAYS prior to the anticipated commencement of construction of improvements or the installation of equipment: This application must be submitted to the appropriate taxing jurisdiction before. any construction begins to be eligible for tax abatement This filing acknowledges familiarity and assumed conformance. with "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR SELECTED TAXING UNITS CONTAINED WITHIN LU13BOCK COUNTY" (Copy, attached). This application will become a part of any later agreement or contract, and knowingly false representations thereon will be grounds for the voiding of any later agreement or contract. _ ORIGINAL COPY OF THIS APPLICATION AND ATTACHMENTS SHOULD BE SUBMITTED TO: City of Lubbocky Business Development Department P.O. Box 2000 1625 13'' Street Lubbock, TX 79457 (806) 775-2980 E - Section I - APPLICANT INFORMATION Date of Application: l0 1 22 1 99 Applicant Name: G. Randall Andrews Company Name: U.S. Distribution Center, LLC Address: 2574 74th Street, Suite 210, Lubbock, Texas 79423 Phone: 806-745-9718 Fax: 806-748-1757 Applicants Representative on this project.' ` G. Randall Andrews 1 Name: U.S. Distribution Center, LLC Address: 2574 74th Street, Suite 210, Lubbock, Texas 79423 Phone: 806-745-9718 Type of Ownership: [ j Corporation [XJ Partnership [ ] Proprietorship Limited Liability Company Total Current Number Employees -0- Corporate Annual Sales Per Year: Private Company Annual Report Submitted? [ ) Yes [X] No lndAppo Tdoc $ect!gn ill - FACILITY INFORMATION Place a check mark in the box on those statements which are applicable to your company : (a) This application is for a: [X] New Facility ( ] Expansion [ ) Modernization (b) Is the company a producer or manufacturer of goods and services of which 50 percent or more are distributed outside of Lubbock County or operator of a warehouse or distribution facility that distributes 50 percent of the goods or services outside of Lubbock County? (if yes, provide documentation as Attachment 1) [X] Yes [ ] No (c) Check the following target industry which is applicable to your company [ ] Manufacturing Facility: Electronics/ElectricaVAssembly, Semiconductor Fabrication [ ] Value-added Agricultural Production including Food Processing and Machinery [ ] Med Tech Research/Manufacturing/Assembly [ ] Aviation/Avionics Production/Rehab [X] Other Basic Industry [ ] The project is not included in the above target industries, but has the potential of generating additional significant economic development opportunities in Lubbock. (Provide documentation) (d) [X] The existing facility to be modernized or expanded or the property where the new facility is to be built is located in a designated Enterprise Zone. (e) [X] New Company to Lubbock [ ] Existing Company (f) If New Company checked, which of the following statements apply to the project: [X] The project will add at least $1 million in real estate assessed valuation [x] The project will add at least $2 million of personal property assessed valuation [x] The project will add at least 25 new permanent jobs The project will add an estimated 240 new jobs. These employees wiU work for Llano Logistics, a third party logistics ro ider hirhed b� URi.fie Su aricet to verat�o tl�e foa�cit ity. (g) If i=xisti g Company c ecke , w tc o the up stafemen apply p i [ ] The project will add at least $500,000 in real estate assessed valuation [ ] The project will add at feast $1 million of personal property assessed valuation [ ] The project will add at least 20 new permanent jobs (h) Address of proposed facility: 5801 Martin Luther King Jr. Blvd. Lubbock, Texas 79404 (i) Legal description of proposed facility: Application for Industrial Tax Abatement in Lubbock County - Page 2 (j) The proposed facility is located in: School District: Lubbock Independent School District City: Lubbock, Texas (k) Describe product or service to be provided: Storage and distribution of dry and perishable zrocery products to supermarkets throughout West Texas. Section ill - FACILITY DESCRIPTION Please attach the following: II Attachment 2 (a) A general description of the improvements to be undertaken (example: modemization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). (b) A descriptive list of the improvements for which tax abatement is requested, including: (1) description of construction and location of all proposed improvements of the Real Property or Existing Facility, and; (2) list of new equipment and cost of the equipment. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. 4 (d) A proposed time schedule for undertaking and completing the proposed improvements. Attachment 3 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. (b) A statement of the assessed value of the Real Property, Facility or Existing Facility for the base year (attach tax assessment for property from the Lubbock Central Appraisal District). Application for Industrial Tax Abatement in Lubbock Cnuntv - Pnna I [Section IV - ECONOMIC IMPACT INFORMATION Part A - Current Investment in Existing Improvements: -0- Part 13 - Permanent Employment Estimates: (1) If existing facility, what is the current plant employment: NA (2) Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs 240 See note below Time Frame By June 2000 (3) Estimated number of retained jobs: NA (4) Opening of improvements: (Month) March of (Year) 4 2000 Part C - Permanent Payroll Estimates: (1) If existing facility, what is the current plant payroll: NA (2) Estimated amount of new payroll: $8,000,000JYear (Including Benefits) (3) Estimated amount of retained payroll NA Part D - Construction and Employment Estimates: (1) Construction start: Month October Year 19 99 (2) Number of cons�uction jobs: At Start 12 Peak 190 Finish 90 (3) Number of man-years: 55 Part E - School District Impact Estimates: ` Give Estimated number of: Families transferred to area 5 Children added to 1SD's 8 Part F - City Impact Estimates: (1) Volume of treated water required from City 80, 000 gallons per day. (2) Volume of effluent to be treated by City 33.000 gallons per day. (3) Please provide a statement on planned water and sewer treatment methods, and disposal of effluent if the facility is to be located outside City systems. NA (4) Has permitting been started? Yes X No *As occupant and operator of the warehouse, Llano Logistics will employ approximately 240 people. Aneiication for Industrial Tax AhntPmPn1 cn I i,hs nr, r - o­ A Part G - Estimated Appraised Value on Site: LAND PERSONAL IMPROVEMENTS PROPERTY Value of Existing Facility Before New Construction (From Central Appraisal District) $ 80,700 -0- -0- Value of New Improvements _ 259 , 300* $ 2,000,000 $24, 000 , 000 Estimated Total Value After Improvements _ $ 340 , 000 $2 , 000 , 000 $ 24,000,000 Part H - Variance: (a) Is a variance being sought under Section IV 9(d) of the "Guidelines"? [ ] Yes [x] No (b) If "Yes", attach any supplementary information required. *The difference betweened appraised value and purchase price is not subject to tax abatement. Section V. OTHER AGREEMENT APPLICATIONS K...r;......v...,. . (a) Has applicant made application fpr abatement of this facility by other taxing jurisdictions or counties? [ ] Yes [K I No (b) If "Yes", please provide: (1) Dates of Application: 1 (2) Hearing Dates: (3) Name of Jurisdiction(s): (4) Name of Contact(s): (4) Attach any letters of intent to abate. .pplication for Industrial Tax Abatement in Lubbock County - PanP 5 Section Vl - DECLARATION . To the best of my knowledge, the above information is an accurate description of project details. -Company Offi is Signature G. Randall Andrews Printed Name of Company Official Authorized Member Title of Company Official r Aaolication for Industrial Tax Ahnla nant in I irhhnrL ("-- n--.- M Attachments Resolution No.6639 Dec. 16, 1999 r/o�v item No. 26 METES AND BOUNDS DESCRIPTION of a 98.596 acre tract of land, more or less, located in Section Twenty -Three (23), Block E; S.X. Johnson, and Section Two (2), Block S, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard, at the Northwest corner of this tract, which bears South, 2666.67 feet�and East, 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 8903610011 East, a distance of 2030.50 feet to a 3/4" iron pipe found at a corner of this tract; THENCE North 00' 40' 00" West, a distance of 14.39 feet to a 1/2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition to the City of Lubbock, Lubbock County, Texas, for a_corner of this tract; _ THENCE North 89*56124" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet, to a concrete monument found at a corner df said Lot 1, 'and the Northeast corner of this tract; THENCE South.00'40'00" East, along a Westerly line of Lot 1, Paymaster Addition', at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 met to a 1/2" rod with cap found in the East right-of-way line of Aspen -Avenue, at the Southeast corner of this tract; THENCE South 89423141" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1, for a total distance of 3245.60 feet to a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a 1/2" rod found at a point of intersection; THENCE North 01'28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning; Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 1 Section H -- FACILITY INFORMATION (b) Is the company a producer or manufacturer of goods and services of which 50 percent or more are distributed outside of Lubbock County or operator of a warehouse or distribution facility that distributes 50 percent of the goods or services outside of Lubbock County? (If yes, provide documentation as Attachment 1) More than 50% of the products stored within this facility will be distributed outside of Lubbock County. Resolution No. 6639 Dec_ 16, 1999 Item No. 26 Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). GeneraUUse ' The project is a new distribution center supplying food products to United Supermarkets' grocery Iocations throughout West Texas. The facility contains both dry and refrigerated warehouse space, offices and a remote salvage building for the handling of damaged or returned goods and products. Location The facility is to be located in Lubbock, Texas on a 99-acre site at 5801 Martin Luther King Jr. Blvd., approximately 1h miles north of and accessible to the intersection of Highway 84 and South Loop 289. This site was previously used for farming. (b) A general description of the improvements for which tax abatement is requested. 1) Description of construction and location of all proposed improvements of the Real Property or Existing Property. BuiIdin! Size (sa. ft Dry Warehouse 273,839 Refrigerated Warehouse 210,924 Salvage Building 7,075 TOTAL 491,838 Construction The building shall be Type III-N Construction (1997 UBC), with steel frame construction, 4' dock -high concrete slab and an exterior cladding of insulated metal panels and tilt -up concrete. Construction Cost The total cost of construction for the proposed facility is approximately $26,000,000. Additional Information See enclosed Site Plan, Floor Plan and Rendering. Attachment 2 — Continued 2) List of new equipment and cost of the equipment. Racks $2,000,000 Materials Handling Systems 1,000,000 * Warehouse Management Systems 1,000,000 * Miscellaneous FF&E 250,000 * TOTAL $4,250,000 NOTE: Llano Logistics is purchasing the Materials Handling Systems FF&E. United Supermarkets is purchasing the Warehouse Management System. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. The only structures existing on the site at the time of purchase were a small residential garage and an old farmhouse slab, both of which have since been demolished. (d) A proposed time schedule for undertaking and completing the proposed improvements. Sitework Commencement August 1999 Occupancy of Dry Warehouse April 2000 Occupancy of Refrigerated Warehouse May 2000 Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 3 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Please see the enclosed Site Plan, Floor Plan and Rendering. Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. Total Project Cost is approximately $26,340,000. (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). Mr. Pat Brownd of the Lubbock Central Appraisal District provided the attached tax assessments for the previous year. Mr. Brownd indicated that it is necessary to total several individual valuations in order to establish the current appraised value of the entire land parcel. No Text No Text PROPERTY.ID: R75293 RAGNIUSSON JOHAN (166791) 01484655 BLK E SEC 13 AB 1107 TR B ACS: W ROCKET SOFTWARE 25.65 ONE INNOVATION DR PRINTED- 08/10/99 VALUE CHG: 03/29/99 NATICK, MA 01760 LUBBOCK 01723/ B9 0 2999 38 Legal Acres 25.6 291 tall 25.6A GLB SLH CLB 11SP WHP 0 Tota]J / 51,200 13,440 1 Total 1 13,440 1 IA)BBOCK ffifflm� V. I i 5: ft W-- 1! i t 4, t U 4, iN-- T1.1 1 R 2 - I a 4 1! 4 11 U I. I .-, 4 1 M.V Exhibit "B" RESOLUTION WHEREAS, by Resolution No. 6639, the City Council of the City of Lubbock approved a tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C., a copy of which Agreement is attached hereto and incorporated in this resolution as if fully set forth; and WHEREAS, U. S. Distribution Center, Ltd., successor by conversion to U. S. Distribution Center, L.L.C. desires to assign the tax abatement Agreement to First Industrial Development Services, Inc.; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Assignment to transfer and assign to First Industrial Development Services, Inc. that certain tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C. Said Assignment 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 day of .2007. ATTEST: DAVID A. MILLER, MAYOR Rebecca Garza, City Secretary CONTENT: Services APPROVED AS TO FORM: Y Linda L. Chamales, Senior Attorney/ Office Practice Section. L.LC:kl City Att / Linda / RES- Assignnrnt-U. s. Distribution December 29, 2006 THE STATE OF TEXAS ASSIGNMENT COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS THAT U.S. Distribution Center, Ltd., successor by conversion to U.S. Distribution Center, L.L.C. {"Assignor's, has this day and does by these presents transfer and assign to First Industrial Development Services, Inc., 311 South Wacker Drive, Suite 4000, Chicago, Illinois 60606, that certain tax abatement Agreement dated December 16, 1999, between the City of Lubbock and U. S. Distribution Center, L.L.C. A copy of the tax abatement agreement is attached hereto and incorporated herein by reference. First Industrial Development Services, Inc., hereby assumes all of the obligations of the Assignor under the attached Agreement. This Assignment shall be effective upon approval by the City Council of the City of Lubbock, Texas and the execution by the Mayor thereof. Dated this the day of , 2007, U.S. DISTRIBUTION CENTER, Ltd By: U.S. Distribution Center GP, L.L.C., Its General Partner B 1 G. Ratriel Andrews prized Member ATTEST: FIRST INDUSTRIAL DEVELOPMENT SERVICES, INC. ATTEST: James Wand r :�th�o�zed Signatory Lc_ cityatt / Linda / Assipment/U.s. Distribution December 29, 2006 CITY OF LUBBOCK DAVID A. MILLER, MAYOR ATTEST: Rebecca Garza, City Secretary APPR VE AS O CONTENT Rob ison, City Manager, Bus. Development APPROVED AS TO FORM: - Linda Chamales, Senior Attorney Resolution No.6639 Dec. 16, 1999 Item No. 26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and U.S. Distribution Center, L.L.C., attached hereto and which shall be spread upon the minutes of the council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 16th day of December 1999. ATTEST: I (U—Ail -) Lmk a e arnell, City Secretary APPROVED AS TO CONTENT: Kevin G. Walker, Business Liaison Officer APPROVED AS TO FORM: ohn M. Knight, M.05st—anfltity Attorney JMK:cp GtyaWJoWUSDistributwnCentcr.Res & CCDQCS Novcmhrr 23, I9W i AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 6639 Dec. 16, 1999 Item No. 26 This Agreement made this 16th day of December , 1999, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and U.S. Distribution Center, L.L.C. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 22nd day of October, 1999, an application for tax abatement for construction of a new facility located at 5801 Market Luther King, Jr. BIvd., which is further described as a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a %" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to a '/<" iron pipe found at a corner of this tract; THENCE North 00°40' West, a distance of I4.39 feet to a 'h" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; THENCE North 89056'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a %" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" West, along the North line of said Aspen Avenue. at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast comer of Tract AGREEMENT-U.S. DISTRIBUTION CENTER, L.L.C. PAGE One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a ``/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a `/2" rod found at a point of intersection; THENCE North 01°28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. WHEREAS, upon review of the above application it was determined that the facilities will be located in the South Enterprise Zone designated by the City in Ordinance No. 9591 covering the above described property; and WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Selected Taxing Units Within Lubbock County was heretofore adopted by Resolution No. 65I5 of the City Council of the City of Lubbock; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines as set forth in the Guidelines and Criteria Governing Tax Abatement for Selected Taxing Units Contained Within Lubbock County, said guidelines having been adopted by Resolution No. 6515 of the City on September 23, 1999, and WHEREAS, the City did pass Ordinance No. 9591 creating an enterprise zone for commercial and industrial tax abatement, said zone including a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S, Lubbock County, Texas, being further described as follows: BEGINNING at a ''/2" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89°36' East, a distance of 2030.50 feet to a '/4" iron pipe found at a corner of this tract; THENCE North 00040' West, a distance of 14.39 feet to a '/2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; AGREEMENT- U.S. DISTRIBUTION CENTER, L.L.C. PAGE 2 THENCE North 89"56'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a corner of said Lot 1, and the Northeast comer of this tract; THENCE South 00040' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 feet to a''/2" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition, to the City of Lubbock„ Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a ''/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a %" rod found at a point of intersection; THENCE North 01028'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. WHEREAS, V.A,T.C., Tax Code, Sec. 312.2011 provides that designation as an enterprise zone constitutes designation as a reinvestment zone without further action; and WHEREAS, the application received by City from Company is an application for 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 selected taxing units contained within Lubbock County adopted by the City Council by Resolution No. 6515 does recognize construction of a new facility as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria Governing Tax Abatement, as adopted by Resolution No. 6515, have been met by Company; and WHEREAS, the location of the facility and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this. Agreement for all purposes; and AGREEMENT- U.S. DISTRIBUTION CENTER, L.L.C. PAGE 3 NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: SECTION 1. Term. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 1999, and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real property shall be paid in accordance with the assessed value of such property for the base year. Base year taxes upon the real property are thus not abated. SECTION 4. Abatement of Increase in Base Year Tax. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Property Ineligible for Tax Abatement. The property described and set forth in Section IV(6) of the Guidelines and Criteria Governing Tax Abatement for selected taxing units contained within Lubbock County and heretofore adopted by the City Council by Resolution No. 6515 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from taxation, in accordance with Section 4 above, the following properties: (a) All proposed new improvements to be placed upon a 98.596 acre tract of land located in Section 23, Block E, S.I. Johnson, and Section 2, Block S. Lubbock County, Texas, being further described as follows: BEGINNING at a '/�" rod found in the East right-of-way line of M.L.K. Boulevard at the Northwest corner of this tract which bears South 2666.67 feet and East 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89036` East, a distance of 2030.50 feet to a'/4" iron pipe found at a corner of this tract; THENCE North 00040' West, a distance of 14.39 feet to a %" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition, to the City of Lubbock, Lubbock County, Texas, for a corner of this tract; AGREEMENT - U.S. DISTRIBUTION CENTER, L.L.C. PAGE: 4 THENCE North 89056'24" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet to a concrete monument found at a comer of said Lot 1, and the Northeast corner of this tract; THENCE South 00°40' East, along a Westerly line of Lot 1, Paymaster Addition, at 300.00 feet pass the most Southerly, Southwest comer of said Lot 1, continuing for a total distance of 1324.00 feet to a '!s" rod with cap found in the East right-of-way line of Aspen Avenue, at the Southeast corner of this tract; THENCE South 89°23'41" West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast comer of Tract One (1), Jarvis -Williamson Addition, to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1 , for a total distance of 3245.60 feet to a %" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a %s" rod found at a point of intersection; THENCE North 01°28'59" East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning. (b) All eligible tangible personal property, owned by company, placed in or upon the property set forth in Exhibit "A", which does not include any equipment and personal property owned by Company and already located in the existing facility. (c) It is further understood that all items affixed to the new improvements placed upon the real property identified in Exhibit "A" including machinery and equipment shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. SECTION 7. Economic Qualification. It is hereby found by the City that Company will expend funds in excess of the funds necessary to qualify for tax abatement by constructing a new facility, all as set forth in Section IV(3)(a) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 6515. SECTION 8. Value of Improvements. Company intends to expend approximately twenty-four million (24,000,000) dollars in constructing the facility and two million ($2,000,000) dollars in machinery and equipment, to be located within the enterprise zone creates! by Ordinance No. 9591. AGREEMENT-U.S. DISTRIBUTION CENTER, L.L.C. PAGE 5 SECTION 9. City Access to Property. Company covenants and agrees that City shall have access to the property, which is the subject matter of this Agreement, upon reasonable notice and during normal business hours, and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the terms and conditions of Company's application for tax abatement, attached as Exhibit "A", and this Agreement. SECTION 10. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate taxes on eligible property according to the following schedule. Year 1: 100% Year 6: 50% Year 2: 90% Year 7: 40% Year 3: 80% Year 8: 30% Year 4: 70% Year 9: 20% Year 5: 60% Year 10: 10% SECTION 12. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth, and shall expire ten ( 10) years after such date. SECTION 13. Type of Improvements. The Company proposes to construct a new facility as described in Exhibit "A". The Company further states that the proposed improvements to the property above mentioned shall continence on the 22nd day of October, 1999, and shall be completed within approximately 180 days from said date. The Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such improvements and such consent shall not unreasonably be withheld. SECTION 14. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 15. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the enterprise zone during; the term of this agreement. SECTION 16. Recapture. The Company agrees to be bound by and comply "ith all the terms and provisions for recapture of abated takes in the event of default by Company pursuant to law and as set forth in Guidelines and Criteria for Tax Abatement adopted by Resolution No. 6515 of the City Council of the City of Lubbock. AGREEMEN7-U.S. DISTRIBUTION CENTER, L.L.C. PAGE 6 SECTION 17. Certification. The Company agrees to certify annually to the governing body of each taxing unit that the owner is in compliance with the terms of the Agreement. SECTION 18. Compliance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. SECTION 19. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK U.S. DISTRIBUTION CENTER, L.L.C. City Manager G. Randall Andrews P.O. Box 2000 2574 74`h Street, Suite 210 Lubbock, Texas 79457 Lubbock, TX 79423 SECTION 20. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as it has been finally passed and approved. EXECUTED this lbth day of December , 199 9 . U.S. DISTRIBUTION CENTER, L.L.0 G. RAN GALL , AUTHORIZED CITY OF LUBBOCK WINDY S MAYOR ATTEST: A EST: f e retary k 11 0Kay ,1(cretary Darnell City AGREEMENT- U.S. DISTRIBUTION CENTER, L.L.C. PAGE 7 A PROV D AS TO CONTENT: Kevin G. W Iker Business Lia son Officer APPROVED AS TO FORM: M. Knight Assistant City Attorney C& November 22. 1999 Gltax abatement/U. S. Distributionlagreement.doc & JMK:cp City att/John/USDistributionCenter.Agr AGREEMENT—U.S. DISTRIBUTION CENTER, L.L.C. PAGE 8 ��cauluLluu no.6639 EXHIBIT "A" Dec. 16, 1999 APPLICATION F :INDUSTRIAL TAX ABATEMEN'-N LUBBOCK COUNTY Item 126 FILING INSTRUCTIONS: This application should be filed at least NINETY (90) DAYS prior to the anticipated commencement of construction of improvements or the installation of equipment: This application must be submitted to the appropriate taxing jurisdiction before: any construction begins to be eligible for tax abatement. This- filing acknowledges familiarity and assumed conformance. with "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT FOR SELECTED TAXING UNITS CONTAINED W[THIN LUBBOCK COUNTY" (Copy attached).. This application will become a part of any. later agreement or contract, and knowingly false representations thereon will be grounds for the voiding of any later agreement or contract. ORIGINAL COPY OF THIS APPLICATION AND ATTACHMENTS SHOULD BE SUBMITTED TO: City of Lubbock Business Oevelopment Department P.O. Box 2000 1625 13' Street Lubbock, TX 79457 (806) T75-2980 Section I APPLICANT INFORMATION Date of Application: /o / -aa _/ 99 Applicant Name: G. Randall Andrews Company Name: U.S. Distribution Center, LLC Address: 2574 74th Street, Suite 210, Lubbock, Texas 79423 Phone: 806-745-9718 - Fax: 806-748-1757 Applicants Representative on this project:- ` G. Randall Andrews f Name: U.S. Distribution Center, LLC It Address: 2574 74th Street, Suite 210, Lubbock, Texas 79423 Phone: 806-745-9718 Type of Ownership: [ ] Corporation [X] Partnership [ ] Proprietorship Limited Liability Company Total Current Number Employees: Cu Corporate Annual Sales Per Year: Private Company Annual Report Submitted? [ ] Yes [Xj No Sectionli --FACILITY, INFORMATION > ^� ...... >.... .. .. GY++,:�: v.Y•' •.'.. vd{. .1"it•.. ,: j3...T",,:•i:.: •.. a L. .. - .. x .. '�r Place a check mark in the box on those statements which are applicable to your company: (a) This application is for a: [Xj New Facility [ ] Expansion [ ] Modernization (b) Is the company a producer or manufacturer of goods and services of which 50 percent or more are distributed outside of Lubbock County or operator of a warehouse or distribution facility that distributes 50 percent of the goods or services outside of Lubbock County? (If yes, provide documentation as Attachment 1) [X] Yes [ ] No (c) Check the following target industry which is applicable to your company (] Manufacturing Facility: ©ectronicslElectrical/Assembly, Semiconductor Fabrication [ ] Value-added Agricultural Production including Food Processing and Machinery [ ] Med Tech Research/Manufacturing/Assembly (] Aviation/Avionlcs Production/Rehab ] Other Basic industry [ ] The project Is not included in the above target Industries, but has the potential of generating additional significant economic development opportunities in Lubbock. (Provide documentation) (d) [X] The existing facility to be modernized or expanded or the property where the new facility is to be built is located In a designated Enterprise Zone. (e) [X] New Company to Lubbock [ ] Existing Company (f) If New Company checked, which of the following statements apply to the project: Je [x] The project will add at least $1 million in real estate assessed valuation (x] The project will add at least $2 million of personal property assessed valuation Dc] The project win add at least 25 new permanent jobs The project will add an estimated 240 new jobs. 'These employees will -work for Llano Logistics, a third party logistics r wider hi ed b' U e u aaket to er t he fac lity. (g) If ExistArompany c'�iecke4 w +c i o tt e Pow owing sta�emen�spapp y Ro he project: [ ] The project will add at least $500,060 in real estate assessed valuation [ ] The project will add at least $1 million of personal property assessed valuation (] The project will add at least 20 new permanent jobs (h) Address of proposed facility: 5801 Martin Luther King Jr. Blvd. Lubbock, Texas 79404 (i) Legal description of proposed facility: (j) The proposed facility is located in: School District: Lubbock Independent School District City: Lubbock, Texas (k) Describe product or service to be provided: Storage and distribution of dry and perishable erocery products to supermarkets throughout West Texas. Sectlon.I111 • FACILITY DESCRIPTION Please attach the following: I1Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). (b) A descriptive list of the improvements for which tax abatement Is requested, including: (1) description of construction and location of all proposed improvements of the Real Property or Existing Facility, and; (2) list of new equipment and cost of the equipment. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. r (d) A proposed time schedule for undertaking and completing the proposed improvements. , t Attachment 3 j (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. (b) A statement of the assessed value of the Real Property, Facility or Existing Facility for the base year (attach tax assessment for property from the Lubbock Central Appraisal District). section tV - ECONOMIC IMPACT INFORMATION [Part A — Current Investment In Existing Improvements: -077 - 11 Part B — Permanent Employment Estimates: (1) If existing facility, what is the current plant employment: NA (2) Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs 240 See note below Time Frame By June 2000 (3) Estimated number of retained jobs: NA (4) Opening of improvements: (Month) March of (Year) W 20QO Part C — Permanent Payroll Estimates: (1) If existing facility, what is the current plant payroll: NA (2) Estimated amount of new payroll: $8,000,000/Year (Including Benefits) (3) Estimated amount of retained payroll: NA Part D — Construction and Employment Estimates: (1) Construction start: Month October Year 19 99 (2) Number of consfjuctlor jobs: At Slant 32 Peak 190 (3) Number of man-years:.__ Part E —School District Impact Estlmates: ' i Give Estimated number of: Families transferred to area 5 Children added to ISO's 8 Part F — City Impact Estimates; (1) Volume of treated water required from City 80, 000 gallons per day. (2) Volume of effluent to be treated by City 33.000 gallons per day. Finish 90 (3) Please provide a statement on planned water and sewer treatment methods. and disposal of effluent if the facility is to be located outside City systems. NA (4) Has permitting been started? Yes X No *As occupant and operator of the warehouse, Llano Logistics will employ approximately 240 people. Part G - Estimated Appraised Value on Site: LAND PERSONAL IMPROVEMENTS PROPERTY Value of Existing Facility Before New Construction (From Central Appraisal District) S 80,700 -0- -0- Value of New Improvements 259 , 300* 2,000,000 $ 24 , 000 , 000 Estimated Total Value After Improvements $__ 340 , 000 $2�0 $ 24, 000, 000 Part H - Variance: (a) Is a variance being sought under Section IV 9(d) of the "Guidelines"? [ ] Yes [X] No (b) If "Yes", attach any supplementary information required. *The difference betweened appraised value and purchase price is not subject to tax abatement. Sactlon:VQTHER'AEEMENT:APPLICATIONS , x ...........................,.. A Na ....... :..aN .....I. ... ...::.: (a) Has applicant made application fpr abatement of this facility by other taxing jurisdictions or counties? [ ] Yes JKJ No (b) If "Yes'. please provide: (1) Dates of Application: { (2) Hearing Dates: (3) Name of Jurisdiction(s): (4) Name of Contact(s): (4) Attach any letters of intent to abate. Section VI .-. DECLARATION To the best of my knowledge, the above information is an accurate description of project details. r� G. Randall Andrews Printed Name of Company Official Authorized Member Title of Company Official Attachments << Resolution No.6639 Dec. 16, 1999 1jE Z 4/Pr10 J Items No. zb METES AND BOUNDS DESCRIPTION of a 98.596 acre tract of land, more or less, located in Section Twenty -Three (23), Block E; S.I. Johnson, and Section Two (2), Block S, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard, at the Northwest corner of this tract, which bears South, 2666.67 feet and East, 63.65 feet from the Northwest corner of Section 23, Block E, S.I. Johnson, Lubbock County, Texas; THENCE North 89036100/1 East, a distance of 2030.50 feet to a 3/41, iron pipe found at a corner of this tract; THENCE North 00*4010011 West, a distance of 14.39 feet to a 1/2" iron pipe found at the Southwest corner of Lot One (1), Paymaster Addition to the City of Lubbock, Lubbock County, Texas, for a_ccrner of this tract; - THENCE North 89'56124" East, along the South line of Lot 1, Paymaster Addition, a distance of 1196.10 feet, to a concrete monument found at a corner df said Lot 1, 'and the Northeast corner of this tract; THENCE South.0004010011 East, along a Westerly line of Lot 1, Paymaster Addition', at 300.00 feet pass the most Southerly, Southwest corner of said Lot 1, continuing for a total distance of 1324.00 pet•to a 1/2" rod with cap found in the East right-of-way line of Aspen -Avenue, at the Southeast corner of this tract; THENCE South 89023141/1 West, along the North line of said Aspen Avenue, at 37.50 feet pass the Northwest corner of said Aspen Avenue and the Northeast corner of Tract One (1), Jarvis -Williamson Addition to the City of Lubbock, Lubbock County, Texas, continuing along the North line of said Tract 1, for a total distance of 3245.60 feet to a 1/2" rod found in the East right-of-way line of M.L.K. Boulevard, for the Southwest corner of this tract; THENCE North, along the East right-of-way line of M.L.K. Boulevard, a distance of 1187.91 feet to a 1/2" rod found at a point of intersection; . THENCE North 0102815911 East, along the East right-of-way line of M.L.K. Boulevard, a distance of 140.52 feet to the Point of Beginning; Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 1 Section H — FACILITY INFORMATION (b) Is the company a producer or manufacturer of goods and services of which SO percent or more are distributed outside of Lubbock County or operator of a warehouse or distribution facility that distributes SO percent of the goods or services outside ofLubbock County? (Ifyes, provide documentation as Attachment 1) More than 50% of the products stored within this facility will be distributed outside of Lubbock County. Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 2 (a) A general description of the improvements to be undertaken (example: modernization of manufacturing facility located at 4501 Peach Street and purchase of new manufacturing equipment). General/Use The project is a new distribution center supplying food products to United Supermarkets' grocery locations throughout West Texas. The facility contains both dry and refrigerated warehouse space, offices and a remote salvage building for the handling of damaged or returned goods and products. Location The facility is to be located in Lubbock, Texas on a 99-acre site at 5801 Martin Luther King Jr. Blvd., approximately'h miles north of and accessible to the intersection of Highway 84 and South Loop 289. This site was previously used for farming. (b) A general description of the improvements for which tax abatement is requested. 1) .Description of construction and location of all proposed improvements of the Real Property or Existing Property. Buildine Size (so. ft Dry Warehouse 273,839 Refrigerated Warehouse 210,924 Salvage Building 7,075 TOTAL 491,838 Construction The building shall be Type III-N Construction (1997 UBC), with steel frame construction, 4' dock -high concrete slab and an exterior cladding of insulated metal panels and tilt -up concrete. Construction Cost The total cost of construction for the proposed facility is approximately $26,000,000. Additional information See enclosed Site Plan, Floor Plan and Rendering. Attachment 2 — Continued 2) List of new equipment and cost of the equipment. Racks $2,000,000 Materials Handling Systems 1,000,000 * Warehouse Management Systems 1,000,000 * Miscellaneous FF&E 250,000 * TOTAL $4,250,000 NOTE: Llano Logistics is purchasing the Materials Handling Systems FF&E. United Supermarkets is purchasing the Warehouse Management System. (c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing facility. The only structures existing on the site at the time of purchase were a small residential garage and an old farmhouse slab, both of which have since been demolished. (d) A proposed time schedule for undertaking and completing the proposed improvements. Sitework Commencement August 1999 Occupancy of Dry Warehouse April 2000 Occupancy of Refrigerated Warehouse May 2000 Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 3 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Please see the enclosed Site Plan, Floor Plan and Rendering. Resolution No. 6639 Dec. 16, 1999 Item No. 26 Attachment 4 (a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements. Total Project Cost is approximately $26,340,000. (b) A statement of the assessed value of the Real Property, Facility or Existing Facilityfor the base year (attach tax assessment for property from the Lubbock Central Appraisal District). Mr. Pat Brownd of the Lubbock Central Appraisal District provided the attached tax assessments for the previous year. Mr. Brownd indicated that it is necessary to total several individual valuations in order to establish the current appraised value of the entire land parcel. No Text r. rt 9 RM t -71tvt "I '.T' 11 ` -4& --' :i - , Pt 0 n Cl .i f'-' 12 THE STATE OF TEXAS jarI,,SL I 14 .- -UU COUNTY OF LUBBOCK Before me Alan C. Weems a Notary Public in and for Lubbock County, T QED N ' Oe day personally appeared Krlsta Ramirez AN ORDINANCE AMENDING of the Southwestern 'v ZONING ORDINANCE AA NO 7064 E OFFO IF ILUBBOCOK T FiETC MAKING THE FOLLOWING CHANGES; ZONE CASE NO. Corporation, publishers of the Lubbock Avalanche -Journal - Morning, and Sunday, who being by m FROM G CHANGE C-2OTOIC USE FORA 100 FOOT TIALL did dispose and say that said newspaper has run continuously for more than fifty-two weeks prior GVLER oN insertion of this Legal Notice 3 S;�,ARE FeES 4.014 ACRES, OUT OF LOT D, I BLOCK I HOBGOOD ADDITION, PROV BDING A PENALTY; No. PROVIDING A SAVINGS at Lubbock County, Texas and CLAUSE AND PROVIDING printed copy of the Legal Notloe ' FOR PUBLICATION. is a true copy of the original and was printed in SECTION 7. THAT violgtlon of Avalanche-Joumal on the following dates: any provision of Ihls Ortl lnonce sholl be tleemetl q mistlemeanor 01� }� punishable by fine nos to etanc, Two Thousontl gntl No/1ded 00 Dallors F 29?3�ofxceed �the Zoning Ordinance) of the City of Lubbock. t `l 1 Inside Sales Manager LUBBOCK AVALANCHE -JOURNAL Morris Communication Corporation NOTARY PUBLIC in and for the State of Texas my commission Expires W12011 Subscribed and sworn to before me this day of FORM 58 10 2 .��� No PLAN C 1NEEMS f y!+f ►' Public. State of Texas My Comm MAY � 7. Expires ff I