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Home My WebLink AboutResolution - 2016-R0373 - Amendment To Tax Abatement Agreement - Cellco Partnership - 10/27/2016Resolution No.2016-R0373 Item No.6.6 October 27,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalfof the City of Lubbock.Amendment No. 1to thatcertainTax Abatement Agreement dated January 27,2011 by and between the City of Lubbock and Celico Partnership d/b/a Verizon Wireless &Affiliates,and related documents.Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 27.2016 uJX^ DANIEL M.POPE,MAYOR ATTEST: dLe^~ Rebecca Garza. City Secretary APPROVED AS TO CONTENT: QjvyC foixwJ Cheryl Brock,Executive Director of Budget APPROVED AS TO FORM: Justin rruitt,Assistant City Attorney ccdocs/RES.Amendment 1-Tax Abatement Agreement - Celico Partnership (Verizon) September 21,2016 Resolution No. 2016-RO373 FMST AMIENDMIENT TO TAX ABATEMENT AGREEMENT BETWEEN HE CITY OF LUBBOCK AND CELLCO PARTNERSHIIP This First Amendment (the "Amendment") to the Tax Abatement Agreement (the "Agreement") is entered into this 27th day of October 2016 by and between the City of Lubbock, a Texas municipal corporation (the "City"), and CeRco Partnership d/b/a Verizon Wireless & Affiliates (the "Company"). RECITALS WHEREAS, the City and the Company entered into the Agreement on January 27, 2011; and WHEREAS, the City and the Contractor hereby desire to reduce the term and percentage of abatement of the Agreement; and NOW THEREFORE, the City and the Contractor hereby amend the Agreement as follows: AM[ENDMENT 1. The language in Section I on page 2 of the Agreement, entitled "Term," shall be replaced with the following language: "This Agreement shall commen e on January I of the tax year after the required improvements are substantially completed, and shall expire and be of no fin-ther force and effect four (4) years after such date." 2. The language in Section 8 on page 3 of the Agreement, entitled "Value of Improvements," shall be replaced with the following language: "In accordance with Texas Tax Code Section 312.204(a), which requires the Company to make specific improvements or repairs to the property in order to be eligible for tax abatement, the Company will expend eleven million seven hundred - thousand dollars ($11,700,000) for the construction of a new facility and twenty�- four million four hundred thousand dollars ($24,400,000) on tangible personal property over the first three (3) years of the Term to be located within the enterprise zone designated by City of Lubbock Ordinance No. 2007-00116. The Company will provide invoices and proof of payment for the investment in the construction of the facility and the tangible personal property required by this Section." 3. The language in Section 10 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: 32%99 First Amendment to Tax Abatement Agreement — City of Lubbock & Cd1co Partners (Verizon) Page 1 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 27th day of October , 2016. SIGNATURES CITY OF LUBBOCK: CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS & AFFILIATES: DANIEL M. POP t, MAYOR Signature) Q St k Greco , N P - To,),, NAME (Printed) ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Go' "a ' �V� Cheryl Brock, Executive Director of Budget APPROVED AS TO FORM: Justin 7, '�6sistarfCity Attorney Feat Amendment to Tax Abatement Agreement — City of Lubbock & Cd1co Partners (Verizon) Page 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERIIFICAIION OF FILING Certificate Number. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-124209 Cellco Partnership Basking Ridge, NJ United States Date Filed: 10/1412016 2 Name of govemmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 10011 Abatement Agreement Amendment 4 Name of Interested P Party City, State, ty, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and conem Signature uthorized agent of contacting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said P Uf I') c� ,this the day of t , 20��, to certify which, witness my hand and seal of officW &LI-O A0 Signature df officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.elhics.state.bt.us Version V1.0.277 L tOZ-OCOt 'dx3 -wwoD Ail Evelyn Leba - Notary Public Aesiar meN to DIMS- OLOLOZZ:'ON 177 I.D. No.: 2207070- State of New Jersey oll9nd .UWON - egel udiaA3 My Comm. Exp. 10-30.2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-124209 Date Filed: 10/14/2016 Date Acknowledged: 10/14/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cellco Partnership Basking Ridge, NJ United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock g Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 10011 Abatement Agreement Amendment 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. a X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath r-orms proviueu oy i exas tmics commission www.etnics.state.tx.us Version V1.0.277