HomeMy WebLinkAboutResolution - 2016-R0363 - Amend Tax Abatement - Red River Commodities (Sungold Foods Inc) - 10/13/2016Resolution No.2016-R0363
Item No.7.11
October 13,2016
RESOLUTION
WHEREAS,the City Council has determined to give notice of its intent to amend a Tax
Abatement Agreement with Red River Commodities d/b/a SunGold Foods, Inc.; and
WHEREAS,Texas Tax Code Section 312.208 requires a notice of intent to be given bythe
City Council to the presiding officer of the governing body of each taxing unit in whichthe
property subject to the amendment of the Tax Abatement Agreement is located; and NOW
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary of the City of Lubbock is hereby authorized and directed to give
notice of an intent to amend a Tax Abatement Agreement with Red River Commodities d/b/a
SunGoldFoods. Inc..with said noticeto be givento the presidingofficersof each taxingunit
having jurisdiction in assessing taxes on the property located at 901 East 66th Street,
Lubbock, Texas and more particularly described as Crawford Industrial Block 11 West Part
of Lot One and Crawford Industrial Block 11 East 321.5' of Lot One, City of Lubbock,
Lubbock County, Texas. Said notice is attached hereto and incorporated in this resolution as
if fully set forth herein and shall be included inthe minutes of theCity Council.
Passed by the City Council on October 13.2016 .
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DANIEL M.POPE,MAYOR
ATTEST:
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Rebeica Garza,City Secrete
APPROVED AS TO CONTENT:
Cheryl Brock.Executive Director of Budget
APPROVED AS TO FORM:
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Justin/Pruilt,Assistant City Attorney
ccdocs/RHS. Notice ofIntent -Amendment to Tax Abatement Agreement - Red River Commodities
September 21.2016
RV -solution No. 2016-RO363
NOTICE OF INTENT
NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO
AMIEND A TAX ABATEMEENT AGREEMEENT ON REAL PROPERTY
IWROVEMIENTS AND TANGIBLE PROPERTY LOCATED AT 901 EAST 661h
STREETt CRAWFORD INDUSTRIAL BLOCK 11 WEST PART OF LOT ONE AND
CRAWFORD INDUSTRIAL BLOCK 11 EAST 321.5t OF LOT ONE, CITY OF
LUBBOCKt LUBBOCK COUNTY, TEXAS.
Notice is hereby given that the City Council of the City of Lubbock intends to amend an Agreement
with Red River Commodities d/b/a SunGold Foods, Inc. to abate taxes on improvements to real
property and tangible personal property created by Resolution No. 2012-ROO90 and covering all
of the subject property, with such property being depicted and described in the attached "Exhibit
I!1
Notice is further given that the City Council of the City of Lubbock will consider authorizing the
Mayor of the City to execute an amendment to the Agreement between the City of Lubbock and
Red River Commodities d/b/a SunGold Foods, Inc. for tax abatement, with a draft copy of said
amendment being attached to this notice as "Exhibit 2."
Notice is further given that the City Council will consider this matter at its meeting held in the City
Council Chamber, City Hall, 1625 13th Street, City of Lubbock, on the 27th day of October, at
approximately 5:15 PM.
EXHEBIT "-l"'
Crawford Industrial Block I I West Part of Lot One and Crawford Industrial Block I I East
321.5' of Lot One, City of Lubbock, Lubbock County, Texas.
Proposed Tax Abatement
ST 901 East 66th Street
515
0 200 4W
Feet
1301
>:
Ire In
710
V-4
1001
1-6 '1103
1113
84 am
702
1125
1125
EXHIBIT 2
FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN
THE CITY OF LUBBOCK AND RED RIVER COMMODITIES, INC.
This First Amendment (the "Amendment") to the Tax Abatement Agreement (the
"Agreement") is entered into this day of 1 2016 by and between
the City of Lubbock, a Texas municipal corporation (the "City"), and Red River
Commodities, Inc. d/b/a SunGold Foods, Inc. (the "Company").
RECITALS
WHEREAS, the City and the Company entered into the Agreement on March 6, 2012; and
WHEREAS, the City and the Contractor hereby desire to reduce the number of required jobs
in the Agreement and to reduce the term of the Agreement; and
NOW THEREFORE, the City and the Contractor hereby amend the Agreement as follows:
AMENDAMNT
1. The language in Section I on page 2 of the Agreement, entitled "Term," shall be replaced
with the following language:
"This Agreement shall commence on January I of the tax year after the required
improvements are substantially completed, and shall expire and be of no further
force and effect four (4) years after such date."
2. The language in Section 9 on page 3 of the Agreement, entitled "Job Creation," shall be
replaced with the following language:
"The Company agrees to create a minimum of thirty-one (3 1) jobs by December 3 1,
2013, and the Company agrees to maintain said jobs throughout the Term of this
Agreement."
3. The language in Section I I on page 4 of the Agreement, entitled "Portion of Tax Abated,"
shall be replaced with the following language:
"The City agrees to abate the Company's taxes referenced in this Agreement
throughout the Term of this Agreement according to the following schedule:
Year 1: 100%
Year 2: 80%
Year 3: 60%
Year 4: QW9
4. This Amendment shall become effective upon its execution by the parties. The remainder
of the Agreement shall remain in full force and effect except as changed herein.
This Amendment shall become effective on this day of 92016.
ISignature Page to Followl
First Amendment to Tax Abatement Agreement — City of Lubbock & Red River Commodities, Inc. Page I
EXHIBIT 2
SIGNATURES
CITY OF LUBBOCK: RED RIVER COMMODITIES, INC.
d/b/a SUNGOLD FOODS, INC.:
DANIEL M. POPE, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Cheryl Brock, Executive Director of Budget
APPROVED AS TO FORM:
Justin Pruitt, Assistant City Attorney
NAME (Signature)
NAME (Printed)
First Amendment to Tax Abatement Agreement — City of Lubbock & Red River Commodities, Inc. Page 2