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HomeMy WebLinkAboutResolution - 2001-R0515 - Notice Of Intent To Enter Into A Tax Abatement Agreement With B.L. Hunter Trust - 12/03/2001Resolution No. 2001-RO515 December 3, 2001 Item No. 57 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with B.L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 902 N. E. Loop 289 in the City of Lubbock, Lubbock County, Texas and which is described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a ''/z" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a 1/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00°20' E. a distance of 525.00 feet to a '.%z" iron rod with cap set for an interior corner of this tract; THENCE N. 8940' E. a distance of 245.00 feet to a !/z" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a IV' iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00''20' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a'/Z" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90", tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a %z" iron rod with cap set at a point of tangency; 2aoi - v2_0 51 6 THENCE S. 89040' W., a distance of 595.00 feet to a ''/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00020' W. a distance of 60.00 feet to a 1/2" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a iron rod with cap set at a point of tangency; THENCE N. 00°20' W. a distance of 495.00 feet to a '/i" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90G, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to the Point of Beginning. Passed by the City Council this 3rd day of December 2001. WINDY SIT N, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Richard Burdine, Assistant City Manager APPROVED AS TO FORM: onald G. Vandiver, First Assistant City Attorney Notice of Intent -Hunter Resolution No. 2001-RO515 EXHIBIT "A" NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED AT 902 N. E. LOOP 289 IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED IN EXHIBIT "A-1" Notice is hereby given that the City Council of the City of Lubbock intends to enter into an Agreement with B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee, to abate taxes on improvements to property and tangible property located within an enterprise zone created by Ordinance No. 9591 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute a contract between the City and B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee, for tax abatement, a copy of said Agreement is attached to this notice as Exhibit "A-2" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13`" Street, City of Lubbock, on the 13th day of December, 2001, at 10:30 o'clock a.m. Resolution No. 2001-RO515 EXHIBIT "A-1" Described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a 'fz" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a'/" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00°20' E. a distance of 525.00 feet to a '/2" iron rod with cap set for an interior corner of this tract; THENCE N. 89°40' E. a distance of 245.00 feet to a 1/2" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/i" iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a'rz" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/2" iron rod with cap set at a point of tangency; THENCE S. 8940' W., a distance of 595.00 feet to a 'V' iron rod with cap set for the Southwest corner of this tract; THENCE N. 00'20' W. a distance of 60.00 feet to a ''z" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a ',2' iron rod with cap set at a point of tangency; THENCE N. 00020' W. a distance of 495.00 feet to a '?" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to the Point of Beginning. Exhibit "A-20 Resolution No. 2001-RO515 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with B.L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee, said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 902 N. E. Loop 289 in the City of Lubbock, Lubbock County, Texas and which is described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a ''/�" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a''/z" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00020' E. a distance of 525.00 feet to a '`/z" iron rod with cap set for an interior corner of this tract; THENCE N. 89°40' E. a distance of 245.00 feet to a %z" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/2" iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a'/2" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a ''/z" iron rod with cap set at a point of tangency; THENCE S. 89040' W., a distance of 595.00 feet to a '/2" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00020' W. a distance of 60.00 feet to a %z" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/2" iron rod with cap set at a point of tangency; THENCE N. 00020' W. a distance of 495.00 feet to a V" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to the Point of Beginning. Passed by the City Council this day of ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Richard Burdine, Assistant City Manager APPROVED AS TO FORM: onald G. Vandiver, First Assistant City Attorney Notice of Intent -Hunter 2001. WINDY SITTON, MAYOR EXHIBIT "A" NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED AT 902 N. E. LOOP 289 IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED IN EXHIBIT "A-1" Notice is hereby given that the City Council of the City of Lubbock intends to enter into an Agreement with B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee, to abate taxes on improvements to property and tangible property located within an enterprise zone created by Ordinance No. 9591 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute a contract between the City and B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc., Lessee, for tax abatement, a copy of said Agreement is attached to this notice as Exhibit "A-2" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13`h Street, City of Lubbock, on the 13th day of De em er, 2001, at 10:30 o'clock a.m. EXHIBIT "A-1" Described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a '/z" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a''/z" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00020' E. a distance of 525.00 feet to a %" iron rod with cap set for an interior corner of this tract; THENCE N. 89040' E. a distance of 245.00 feet to a '/z" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/z" iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a''/z" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/z" iron rod with cap set at a point of tangency; THENCE S. 89040' W., a distance of 595.00 feet to a ''/z" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00020' W. a distance of 60.00 feet to a '/2" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/2" iron rod with cap set at a point of tangency; THENCE N. 00°20' W. a distance of 495.00 feet to a '/z" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to the Point of Beginning. AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made this day of , 2001, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and B. L. Hunter Marital Trust, Betty A. Hunter Individually, and Hunter Millworks, Inc. Lessee (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 20 day of October, 2001, an application for tax abatement for the construction of a new facility to be located at 902 N. E. Loop 289, which is described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a ''/z" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a'/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00020' E. a distance of 525.00 feet to a ''/2" iron rod with cap set for an interior corner of this tract; THENCE N. 89040' E. a distance of 245.00 feet to a'/�" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a ''/2" iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a'/z" iron rod with cap set at a point of curvature; AGREEMENT - HUNTER MILLWORKS, INC. PAGE 1 THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a''/z" iron rod with cap set at a point of tangency; THENCE S. 89040' W., a distance of 595.00 feet to a ''/z" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00°20' W. a distance of 60.00 feet to a''/z" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a''/z" iron rod with cap set at a point of tangency; THENCE N. 00020' W. a distance of 495.00 feet to a ''/z" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to the Point of Beginning. WHEREAS, upon review of the above application it was determined that the facilities will be located in the North 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. 2001- R0386 of the City Council of the City of Lubbock; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines as set forth in the Guidelines and Criteria Governing Tax Abatement for Selected Taxing Units Contained Within Lubbock County, said guidelines having been adopted by Resolution No. 2001-RO386 of the City on September 27, 2001, and WHEREAS, the City did pass Ordinance No. 9591 creating an enterprise zone for commercial and industrial tax abatement, said zone including the area which is described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a '/s" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00°20'W., 748.96 feet from the AGREEMENT — HUNTER MILLWORKS, INC. PAGE 2 Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a'/z" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00°20' E. a distance of 525.00 feet to a '/z" iron rod with cap set for an interior corner of this tract; THENCE N. 89°40' E. a distance of 245.00 feet to a''/z" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a ''/z" iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a''/a" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a'/z" iron rod with cap set at a point of tangency; THENCE S. 89040' W., a distance of 595.00 feet to a ''/z" iron rod with cap set for the Southwest corner of this tract; THENCE N. 00°20' W. a distance of 60.00 feet to a''/s" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a'/2" iron rod with cap set at a point of tangency; THENCE N. 00020' W. a distance of 495.00 feet to a '/z" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 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 AGREEMENT — HUNTER MILLWORKS, INC. PAGE 3 WHEREAS, the application received by City from Company is an application for the construction of a new facility; and WHEREAS, V.A.T.C., Tax Code, Sec. 312.002 specifically states that such a purpose is to be included in the guidelines for tax abatement and to be eligible for such treatment; and WHEREAS, Section IV of the Guidelines and Criteria governing Tax Abatement for selected taxing units contained within Lubbock County adopted by the City Council by Resolution No. 2001-RO386 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. 2001-R0386, have been met by Company; and WHEREAS, the location of the facility and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this Agreement for all purposes; and NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: SECTION 1. Term. This Agreement shall remain in force and effect for a period of five (5) years from January 1 of the tax year after the required improvements to the land are completed and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 2001, 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. 2001-RO386 is incorporated by reference herein as if AGREEMENT - HUNTER MILLWORKS, INC. PAGE 4 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 the property which is described as the proposed Tract A of the Oxbridge Industrial Park an addition to the City of Lubbock, Lubbock County, Texas being further described as follows: BEGINNING at a ''/z" iron rod with cap set in the South right-of-way line of Northeast Loop 289 which bears S 89°40' W, 2347.5 feet and N. 00020'W., 748.96 feet from the Southeast corner of the North half of Section 77, Block A, Lubbock County, Texas, for the Northwest corner of this tract; THENCE N. 89040' E., along the South right-of-way line of Northeast Loop 289, a distance of 350.00 feet to a '/2" iron rod with cap set for the Northeast corner of this tract; THENCE S. 00020' E. a distance of 525.00 feet to a'/z" iron rod with cap set for an interior corner of this tract; THENCE N. 89°40' E. a distance of 245.00 feet to a '/z" iron rod with cap set at a point of curvature; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/2" iron rod with cap set at a point of tangency in the West right-of-way line of North King Avenue; THENCE S. 00020' E., along the West right-of-way line of North King Avenue, a distance of 90.00 feet to a '/2" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/2" iron rod with cap set at a point of tangency; THENCE S. 89040' W., a distance of 595.00 feet to a'/2" iron rod with cap set for the Southwest corner of this tract; AGREEMENT - HUNTER MILLWORKS, INC. PAGE 5 THENCE N. 00°20' W. a distance of 60.00 feet to a'/z" iron rod with cap set at a point of intersection; THENCE Northeasterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet to a '/Z" iron rod with cap set at a point of tangency; THENCE N. 00020' W. a distance of 495.00 feet to a''/z" iron rod with cap set at a point of curvature; THENCE Northwesterly, around a curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°, tangent lengths of 15.00 feet, and a chord distance of 21.21 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)(b) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 2001-R0386. SECTION 8. Value of Improvements. Company intends to expend approximately one million eight hundred thousand ($1,800,000) dollars in constructing a new facility to be located within the enterprise zone created by Ordinance No. 9591. 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. AGREEMENT - HUNTER MILLWORKS, INC. PAGE 6 Year 1: 100% Year 2: 80% Year 3: 60% Year 4: 40% Year 5: 20% SECTION 1 L Commencement Date. This Agreement shall commence January 1 of the tax year after the required improvements to the land are completed and shall expire and be of no further force and effect after said date. SECTION 12. 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 151 day of November, 2001, 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 13. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 14. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the enterprise zone during the term of this agreement. SECTION 15. Recapture. The Company agrees to be bound by and comply with all the terms and provisions for recapture of abated taxes in the event of default by Company pursuant to law and as set forth in Guidelines and Criteria for Tax Abatement adopted by Resolution No. 2001-RO386 of the City Council of the City of Lubbock. SECTION 16. Certification. The Company agrees to certify annually to the governing body of each taxing unit that the owner is in compliance with the terms of the Agreement. SECTION 17. Compliance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. AGREEMENT - HUNTER MILLWORKS, INC. PAGE 7 SECTION 18. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK HUNTER MILLWORKS, INC. City Manager Charles E. Hunter P.O. Box 2000 902 N. E. Loop 289 Lubbock, Texas 79457 Lubbock, TX SECTION 19. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as it has been finally passed and approved. EXECUTED this B.L. HUNTER MARITAL TRUST Betty A. Hunter Co -Trustee Charles Hunter Co -Trustee day of 52001. BETTY A. HUNTER, INDIVIDUALLY Betty A. Hunter HUNTER MILLWORKS, INC. CITY OF LUBBOCK A Municipal Corporation WINDY SITTON MAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: &t �' Richard urdine Assistant City Manager APPROVED AS TO FORM: Charles HunterK' 1m kn(P) c� r President D nald G. an iver ATTEST: First Assistant City Attorney Secretary AGREEMENT — HUNTER MILLWORKS, INC. PAGE 8 CB: November 13, 2001 G:/tax abatement/Hunter Millworks/Hunter Millworks Agreement AGREEMENT — HUNTER MILLWORKS, INC. PAGE 9 EXHIBIT "A" Resolution No. 2001—RO515 APPLICATION FOR INDUSTRIAL TAX ABATEMENT IN LUBBOCK COUNTY FILING INSTRUCTIONS: 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 162513 th Street Lubbock,TX 79457 (806) 775-2019 Section I — APPLICANT INFORMATION Date of Application: _0 _/_,1BJ 01 Applicant Name: Charles E. Hunter Company Name: Hunter Millworks, Inc. Address: P.O. Box 93513 Lubbock. TX 79493 Phone: 792-4864 Fax: 792-1883 Applicants Representative on this project: SAME Name: Address Phone: Type of Ownership: [X] Corporation [ ] Partnership [ ] Proprietorship Total Current Number Employees: 24 Corporate Annual Sales Per Year: Annual Report Submitted? [ ] Yes [X] No Hunter App Industrial Tax Abatement Application Page 2 Section II - 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, manufacturer or distributor of goods and services of which 50 percent or more are distributed outside of Lubbock ?(If yes, provide documentation as Attachment 1) [X] Yes [ ] No (c) Check the following target industry which is applicable to your company [ ] Manufacturing Facility: Electronics/Electrical/Assembly, Semiconductor Fabrication [ ] Value-added Agricultural Production including Food Processing and Machinery [ ] Med Tech Research/Manufacturing/Assembly [ ] Aviation/Avionics Production/Rehab [ ] Warehouse/Distribution [ ] Corporate Headquarters of a Regional/National Service Center [X] 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) [ ] New Company to Lubbock [X] Existing Company (f) If New Company checked, which of the following statements apply to the project: [ ] The project will add at least $1 million in real estate assessed valuation [ ] The project will add at least $2 million of personal property assessed valuation [ ] The project will add at least 25 new permanent jobs (g) If Existing Company checked, which of the following statements apply to the project: [X] The project will add at least $500,000 in real estate assessed valuation [ ] 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: 902 N. E. Loop 289 (i) Legal description of proposed facility: Tract A Oxbridge Industrial Park (j) The proposed facility is located in: School District: Lubbock Independent School District City: Lubbock Industrial Tax Abatement Application Page 3 (k) Describe product or service to be provided: Millwork. i.e. cabinets, doors. mouldings Section III - FACILITY DESCRIPTION Please attach the following: Attachment 1 (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. (d) A proposed time schedule for undertaking and completing the proposed improvements. Attachment 2 (a) A site map indicating the approximate location of improvements on the Real Property Facility or Existing Facility together with the location of any or all Existing Facilities located on the Real Property or Facility. Attachment 3 (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 IV - ECONOMIC IMPACT INFORMATION Part A — Current Investment in Existing Improvements: 0 Part B — Permanent Employment Estimates: (1) If existing facility, what is the current plant employment: 24 (2) Estimated number of new jobs to be created and time frame for creation of jobs: New Jobs 2 Time Frame 1 year Industrial Tax Abatement Application Page 4 (3) Opening of improvements: (Month) May of (Year) 2002. Part C — Permanent Payroll Estimates: (1) If existing facility, what is the current plant payroll: approx. $700.000 (2) Estimated amount of new payroll : $50.000 Part D — Construction and Employment Estimates: (1) Construction start: Month Nov Year 20Q (2) Number of construction jobs: At Start 5 Peak 20 Finish 5 (3) Number of man-years: 10 (Estimate Part E — School District Impact Estimates: Give Estimated number of: Families transferred to area 0 Children added to ISD's 0 Part F — City Impact Estimates: (1) Volume of treated water required from City 500 gallons per day. (2) Volume of effluent to be treated by City 500 gallons per day. (3) Please provide a statement on planned water and sewer treatment methods, and disposal of effluent if the facility is to be located outside City systems. (4) Has permitting been started? X Yes No Part G — Estimated Appraised Value on Site: LAND Value of Existing Facility Before New Construction (From Central Appraisal District) _16.849 _ Value of New Improvements NA Estimated Total Value After Improvements 16.849 PERSONAL IMPROVEMENTS PROPERTY 415.000 _ 0 off:e yl Industrial Tax Abatement Application Page 5 Part H — Variance: (a) Is a variance being sought under Section IV 9(d) of the "Guidelines"? [ ] Yes [X] No (b) If "Yes", attach any supplementary information required. Section V - OTHER AGREEMENT APPLICATIONS (a) Has applicant made application for abatement of this facility by other taxing jurisdictions or counties? [ ] Yes [X] 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— Company Official Signature Charles E. Hunter Printed Name of Company Official President Title of Company Official Resolution No. 2001-RO515 HUNTER MILLWORKS, INC. APPLICATION FOR COMMERCIAL TAX ABATEMENT Attachment 1: (a) We are proposing the construction of a new 45,000 square foot manufacturing facility and offices at 902 N.E. Loop 289. (b) The the project represents an investment of approximately $1.8 million in new construction. We will move existing machinery and equipment to the new site. (c) The new site is currently unimproved commercial land with no personal property. Our exisiting facility has tangible personal property including vehicles of $415,000. (d) We plan to begin construction in early November 2001 and complete our move to the new plant by May 2002. HUNTER MILLWORKS, INC. APPLICATION FOR TAX ABATEMENT Attachment 2. See addenda of proposed plat and preliminary site plan. TRACT "A" Resolution No. 2001-RO515 OXBRIDGE INDUSTRIAL PARK AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS NORTHEAST LOOP 289 Iw oCh �, Mr4ot M.00' aav T xy rs.od/ e I T-• 15.0(y I8 I I o�zl.zr I I W t Q I e wrSUZVWED — L TRACT` -1A I � Iw �Arfr/ I ' Z a I $ QI I b90• T•E.00 I � 6 V I A L I� 7 W40V 1Q 595.Od R- / = I > k I At7T SLm"O rl Af9TSl.eaYLEO �� I I Iw mahr�ri r� I I T•I2121" OFI2P � p .o' aM.�a s uartao.n ururr [ Amar • oir�urro ro a b n ecrrur[ renu[ar S - yra. xae•1 _ _ I I _ _ _ Mr4ot M.00' ao 10. �' ' I8 er W ~ t Q e wrSUZVWED — L TRACT` -1A I � Iw �Arfr/ ' a i b90• T•E.00 Mr4Ot M.W Q*2121' 6 V 4 EAST MARSHALL STREET >i A L I� 7 W40V 1Q 595.Od R- / x; it T-e.od +r I1 I{e o�zlsr jI �� YIM•Ir M �' i� I I � T c n Ai a A WE Sc K AL4 AL LU W Resolution No. 2001-RO515 HUNTER MILLWORKS, INC. COMMERCIAL TAX ABATEMENT APPLICATION Attachment 3. (a) Today our existing facility belongs to the Texas Department of Transportation. We occupy these premises at their sufferance until we move to our new plant. Our new operation will add approximately $1.8 million to the Tax Rolls. A 15.349 acre tract of unimproved land was purchased in August 2001 by the Hunter Family, of which 139,125 square feet (approximately 21%) will be improved and leased by Hunter Millworks, Inc. (b) The assessed value of the unimproved 15.349 acres is $80,232. The pro -rata share of land value to be improved under this request, 21%, is $16,849. See addendum from Lubbock Central Appraisal District. (c) We believe that at least 2 new jobs will be created within 90 days of our move to the new facility. Lubbock CAD Properties Page 1 of 2 LUBBOCK CAD Real Property Information Lubbock Account Number: R71261 Cross Reference Number: 00643156 View Tax Information Owner's Name WILLIAMSON GLEN C and Mailing % CAPROCK VERMEER EQUIP INC Address PO BOX 748 SLATON, TX 79364 Location 702 NE LOOP 289 Zone 0038 Map ID AC10077-90179-00025-000 Description BLK A SEC 77 AB 179 E/PT OF TR A2 & AIC ACS: 15.349 Subdiv/Abstract Ind. A Subdiv/Abstract No. AC10077 Taxing Entities Code Entity Name Tax Rate GLB LUBBOCK COUNTY .19170 6/19/2000 SLB LUBBOCK ISD 1.58930 Total Market Value$80,232 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09798 WHP ffigh Plains Water District .00840 Deed Changes as of: 5/31/2001 Data updated on: 7/31/2001 PROPERTY J2001 Certified Value INFORMATION Exemption Codes Ag Use $0 Freeze Amount .000 Total Improvement Value $0 Number of Improvements Land Acres Land Market Value $80,232 Ag Market $0 Deed Date 6/19/2000 Deed Volume 6718 Total Market Value$80,232 d Page_ 297 ://www.lubbockead. Lubbock CAD Properties LAND INFORMATION 10/24/01 Page 2 of 2 LandlD TypeCode SPTB Code Appraisal Method omesite Eff. Frontage Eff. De th Size- Acres Size-Sgii 1 C Commercial 1 REAL ACREAGE SFT square EEI[I M��Z, $80,232 $80,232 $80,232 $80,232 d $80,232 Foot .00000 [66:8602.00000 FARM Land Ag. U7se 10% Limited Adjustment M��Z, $80,232 $80,232 $80,232 $80,232 $80,232 $80,232 LUBBOCK CAD Personal Property Information Lubbock Account Number: P129217 Cross Reference Number: 00783539 Owner's Name HUNTER MILL WORKS INC $415,130 1 and Mailing PO BOX 93513 Address LUBBOCK, TX 79493-3513 Location 5605 BROWNFIELD HWY Description FFM&E W EHICLES Taxing Entities Code Name 2000 Tax Rate GLB LUBBOCK COUNTY .19170 SLB LUBBOCK ISD 1.58930 CLB LUBBOCK .57000 HSP HOSPITAL DISTRICT .09798 WHP High Plains Water District .00840 Information updated 5/30/2001. 12001 Proposed VALUEINFORMATI N Exemptions Property Value 11 11 $415,130 1 Note: If your value is 0, a change of ownership may have occurred since certification. Another Search by Short Account Number Another Search by Long Account Number Another Search by Owner Name Another Search by Address OCT -24-01 WE,•D ,— 1 3 6 s HUNTER M I L L W O R K S P.O. Box 93513 Lubbock, Texas 79, 30760 WARRANTY DEED (STC-rnk/GFtf77,099) Date: August 30, 2001 Grantor: GLENN C. WILLIAMSON, a single person Granter: B. L. HUNTER MARi'rAL TRUST and BETTY A. HUNTER P - 0 Resolution No. 2001-RO515 Vn17254PAGl'256 Grantee's Mailing Address: P, O. Box 93513, Lubbock, Lubbock County, Texas 79493 Consideration: S10.0u and other gixxl and valuable comidoration, to Grantor paid by Grantee, the receipt and sufiiciuncy of all of which is hereby acknowledged and confessed. Property (including any improvements): A tract of land located in Section Seventy-seven (77), Block A, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a set %" rod which bears S. 89°40' W., 2595.83 fact and S. 00020' E., 30.00 feet from the Southeast corner of the North Half of Section 77, Block A; THENCE N. 00020' W. a distance of 778.96 feet to a set %" rod, in the South rigbt-of-way line of Loop 289, for the Northwest comer of this tract, THENCE N. 89040' E.. along the South right-of-way line of Loop 289, a distance of 858.33 feet to a W rod found at the Northeast corner of this tract; THENCE S. 00020' E. a distance of 778.96 feet to a tfs" square tube found for the Southeast confer of this tract; THENCE S. 89040' W. a distance of 858.33 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: SUBJECT TO restrictive covenants its shown of record in Volume 1161, Page 411 of the Deed Records of Lubbock County, Texas. THERE,.' IS EXCEP'T'ED FROM THIS CONVEYANCE any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in parties other than Grantor resulting from prior reservations and/or conveyances by predecessors in title, including lett not limited to those certain interests described in instruments of record in Volume 823, Page 473; Volume 981, Page 679; Volume 981, Page 683; Volume 994 Page 499; Volume 994, Page 501: Volume 994, Page 503, Volume 1219, Page 290, Deed Records of Lubbock County, Texas; Volume 4710, Page 188 and Volume 4710, Page 190 of the Real Property Records of Lubbock County, Texas. SI]bJPC: I TO any presently valid oil, gas or mineral leases covering the Property, SUBJECT TO right-of-way easements as set out in instruments of record in Volume 123, Page 617; Volume 123. Page 618; Volume 162, Page 522; and Volume 615. Page 429 of the Deed Records of Lubbock County, Texas, SUBJECT TO electric line casement as set out in instrument of record in Volume 1090, Page 391 of the Deed Records of Lubbock County, Texas. SUBJECT TO easement Mr buried exchange and facilities ay set out in instrunient of record in Volume 1157, Page 595 of the Deed Records of Lubbock County, Texas. SUBJECT TO visible and apparent casements on or across the Property. 10-24-01 14:39 TO:MARKET LUBBOCK INC. FROM:8057921883 P02 OC -r-24-01 W E D 1 `e.. : 3 7 HUNTER MILL—WORKS F _ 63 Ynl. 7254PAEE257 SUBJECT TO any portion of the Property within the limits or boundaries of any public or private roadway. SU EJECT TO rights and claims of tenants and parties in possession under any unrecorded leases, iogother with any security interests in fixtures given by tenant(s) of said Property. Grantee herein assumes the payment of all taxes for the year 2001. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, stlis, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's heirs, mccc%surs, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend ail and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservation% from Conveyance and the Excepuo» s to Cuuveyancu and Warranty. When the context requires, singular nouns and pronouns i de the al. r� G N C. WILLIAMSON THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the 31st day of August 2001. by GLENN C. WILLIAMSON. FILED FDI? COUNt V CLUX. LU900eg COUMY MAS Prcparcd in the Law Office oh TIMBERI.AKE AND WEAVER, P. C- 1005 15th Street Lubbock, Texas 79401 l' w'Na'- TC DwAIIIINTUL770o MM SEAL j:phdz-:� Notary Public, State of Texas Tom N. Jones STATE OF TEXAS 0OUNTY OF LUBBOCK I Miner 1Mt"MeM "V4 wee MWO on to dme and u IM 0M a—pw won by w1 wee duly vwme end Doge d e+e oteaal Mel Pme % .0,% M L "� C.,M. tnw M MA(M A MW elf n'a AUQ 81 Mt 1 aourory ca enK Ufelu1c•K couNrv, reins 16-24-01 14:49 TO:MARKET LUBBOCK INC. FROM:6067921883 P03 Oyr�>�YaeAup.b. FILED FDI? COUNt V CLUX. LU900eg COUMY MAS Prcparcd in the Law Office oh TIMBERI.AKE AND WEAVER, P. C- 1005 15th Street Lubbock, Texas 79401 l' w'Na'- TC DwAIIIINTUL770o MM SEAL j:phdz-:� Notary Public, State of Texas Tom N. Jones STATE OF TEXAS 0OUNTY OF LUBBOCK I Miner 1Mt"MeM "V4 wee MWO on to dme and u IM 0M a—pw won by w1 wee duly vwme end Doge d e+e oteaal Mel Pme % .0,% M L "� C.,M. tnw M MA(M A MW elf n'a AUQ 81 Mt 1 aourory ca enK Ufelu1c•K couNrv, reins 16-24-01 14:49 TO:MARKET LUBBOCK INC. FROM:6067921883 P03