HomeMy WebLinkAboutResolution - 2015-R0388 - Intent To Enter In Tax Abatement Agreement With United Supermarkets LLC - 11/19/2015Resolution No. 2015-R0388
November 19, 2015
Item No. 7.3
RESOLUTION
WHEREAS, the City Council has determined to give notice of its intent to enter into a
Tax Abatement Agreement with United Supermarkets, L.L.C. and Safeway, Inc.; 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 United Supermarkets, L.L.C. and
Safeway. Inc., said notice to be given to the presiding officers of each governing body of each
taxing unit having jurisdiction in assessing taxes on the property located at 5801 MLK Boulevard,
Lubbock, Lubbock County, Texas which is further described in Exhibit "A".
Passed by the City Council on November 19, 2015.
- ""JeA/z --
GLEN . OBER SON, MAYOR
A TEST:
Rebca Garza, City Secret y
APPROVED AS TO CONTENT:
Cheryl Br ck,
Executive Director of Budget
APPROVED AS TO FORM:
Linda L. Chamales
Economic Development Attorney
Lc/cityatt/Linda/Res/Notice of Intent United tax abatement
November 11, 2015
EXHIBIT "A"
NOTICE OF INTENT OF THE CITY COUNCIL
OF THE CITY OF LUBBOCK TO ENTER INTO AN
AGREEMENT TO ABATE TAXES ON IMPROVEMENTS TO REAL
PROPERTY AND TANGIBLE PERSONAL PROPERTY
LOCATED AT 5801 MILK BOULEVARD, LUBBOCK, LUBBOCK COUNTY,
TEXAS, FURTHER DESCRIBED AS SOUTH PLAINS INDUSTRIAL TRACT
A, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS
Notice is hereby given that the City Council of the City of Lubbock intends to
enter into an Agreement with United Supermarkets, L.L.C. and Safeway, Inc., to abate
taxes on improvements to real property and tangible personal property located within the
United Reinvestment Zone (RZ#45) 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 United
Supermarkets, L.L.C. and Safeway, Inc. for tax abatement, a draft copy of said Agreement
is attached to this notice as Exhibit "A-1" 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 131' Street, City of Lubbock, on the
P day of December, 2015, at approximately 5:30 o'clock p.m.
Exhibit "A-1"
AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK §
This Agreement is by and between the City of Lubbock, Texas, a home rule
municipality of the State of Texas (hereinafter called "City"), United Supermarkets, L.L.C.
(hereinafter called "United"), and Safeway, Inc. (hereinafter called "Safeway") ;
WITNESSETH:
WHEREAS, City received from United on the 12th day of August, 2015, an
application for tax abatement for improvements to real property owned by Safeway and for
tangible personal property(equipment) improvements to be owned by United located at
5801 MLK Blvd., Lubbock, Lubbock County, Texas which is further described in Exhibit
"A"• and
WHEREAS, upon review of the above application it was determined that the
facility and real property is located in the Reinvestment Zone designated by the City in
Ordinance No. 2015-00_ covering the above described property; and
WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Industrial
Projects in the City of Lubbock was adopted by Resolution No. 2015-R0347 of the City
Council of the City of Lubbock. A copy of the Guidelines and Criteria Governing Tax
Abatement for Industrial Projects in the City of Lubbock is attached as Exhibit `B" and
incorporated herein as if fully set forth; and
WHEREAS, the City complied with all the requirements set forth in V.T.C.A., Tax
Code, Section 312.201 and with all the criteria and guidelines as set forth in the Guidelines
and Criteria Governing Tax Abatement for Industrial Projects in the City of Lubbock; and
WHEREAS, the City passed Ordinance No. 2015-00 creating a reinvestment
zone for commercial and industrial tax abatement, said zone including the area which is
described in the attached Exhibit "A'; and
WHEREAS, the application received by City from United is an application for the
expansion of an existing facility, more specifically, building improvements to the existing
facility and the addition of tangible personal property (equipment); and
TAX ABATEMENT AGREEMENT — United Supermarkets, L.L.C.
PAGE
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 Industrial Projects in the City of Lubbock recognizes expansion of an existing facility
and addition of personal property 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. 2015-R0347 have been,
or will be, met by United; 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, Safeway and United do hereby
agree as follows:
SECTION 1. Term. This Agreement shall commence January 1 of the tax year
after the required improvements (both real property improvements and personal property
acquisition)are at least 90 percent complete and shall expire and be of no further force and
effect ten (10) years after such date.
SECTION 2. Base Year. The base year applicable to real and personal property,
which is the subject of this Agreement, shall be 2015, and the assessed value of the real
and personal property shall be the assessed value applicable to such property for said year.
SECTION 3. Base Year Taxes. The taxes upon the real and personal 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.T.C.A., Tax Code, Section 312.304, 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 set forth above.
SECTION 5. Provery Ineligible for Tax Abatement. The property described and
set forth in Section IV(6) of the Guidelines and Criteria Governing Tax Abatement for
Industrial Projects in the City of Lubbock (Exhibit `B") 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 the appropriate Sections above, the following properties:
TAX ABATEMENT AGREEMENT — United Supermarkets, L. L.C.
PAGE 2
(a) All proposed new improvements to be placed upon the property at 5801
MLK Boulevard, which is further described as South Plains Industrial Tract
A, City of Lubbock, Lubbock County, Texas.
(b) All eligible tangible personal property, owned by United, placed in or upon
the real property set forth in Exhibit "A.". Any equipment or personal
property owned by United or Safeway prior to the execution of the contract,
or already located in the existing facility, shall not be considered "eligible
tangible personal property" under this Agreement.
(c) It is further understood that all items affixed to the new improvements
placed upon the real property identified above and 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 Qualifications. United agrees to expend funds necessary
to qualify for tax abatement by expanding the existing facility owned by Safeway, as set
forth in Section IV(3)(b) of the Guidelines and Criteria Governing Tax Abatement for
Industrial Projects in the City of Lubbock (Exhibit `B") on the property described in
Exhibit "A". A description of the kind, number and location of all proposed improvements
is attached in United's application, Exhibit "C" and incorporated herein as if fully set forth.
SECTION 8. Value of Improvements. In accordance with V.A.T.C., Tax Code,
Section 312.204(a), which requires the owner of the property to make specific
improvements or repairs to the property in order to be eligible for tax abatement, United
will expend approximately twenty-six million dollars for the expansion of an existing
facility owned by Safeway and $1.2 million dollars on eligible new equipment to be located
within the reinvestment zone created by Ordinance No. 2015-00_. Safeway hereby
agrees to allow United to make the improvements to the property described in Exhibit "A."
United agrees that if the initial tax appraisal on this property does not reflect an increase in
value equal to or exceeding twenty-seven million two hundred thousand ($27,200,000) for
the real property improvements and tangible personal property, Company will provide
invoices and proof of payment for the investment in the expansion of the facility and the
machinery and equipment located in the facility.
SECTION 9. Job Creation. United agrees to create 135 new jobs by December 31,
2016 and retain those jobs for the tern of the tax abatement.
TAX ABATEMENTAGREEMENT— United Supermarkets, L.L.C.
PAGE
SECTION 10. City Access to Property. United and Safeway covenant and agree
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 and documents necessary to insure compliance with
the terms and conditions of United's application for tax abatement, attached as Exhibit "C",
and this Agreement.
SECTION 11. Portion of Tax Abated. City agrees, during the term of this
Agreement, to abate taxes on eligible property according to the following schedule.
Year 1:
100%
Year 2:
90%
Year 3:
80%
Year 4:
70%
Year 5:
60%
Year 6:
50%
Year 7:
40%
Year 8:
30%
Year 9:
20%
Year 10:
10%
SECTION 12. Type of Improvements. United proposes to modify Safeway's
existing facility as described in Exhibit "C". United further states that the proposed
improvements to the property above mentioned shall commence on September 1, 2015,
and shall be completed August 1, 2016. United may request an extension of the above date
from City in the event circumstances beyond the control of United necessitate additional
time for completion of such improvements and such consent shall not unreasonably be
withheld. United shall provide proof of completion within ten days of completion of
improvements.
SECTION 13. Limitation on Use. United and Safeway agree 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 14. Recapture. United and Safeway agree to be bound by and comply
with all the terms and provisions for recapture of abated taxes in the event of default by
United or Safeway pursuant to law and as set forth in Guidelines and Criteria for Tax
Abatement in Exhibit `B."
SECTION 15. Certification. United agrees to certify annually in writing to the
City that the owner is in compliance with the terms of the Agreement.
SECTION 16. Compliance. The City may cancel or modify this Agreement if
United or Safeway fail to comply with the Agreement.
TAX ABATEMENT AGREEMENT— United Supermarkets, L.L.C.
PAGE
SECTION 17. Notices. Notices required to be given by this Agreement shall be
mailed, certified mail return receipt requested, to the following addresses:
CITY OF LUBBOCK UNITED SUPERMARKETS, L.L.C.
City Manager Chris St. Clair, Exec. Vice President
P.O. Box 2000 P.O. Box 6840
Lubbock, Texas 79457 Lubbock, Texas 79424
SAFEWAY, INC.
Bradley R. Beckstrom, Vice. Pres.
250 East Parkcenter Blvd.
Boise, Idaho 83706
TAX ABATEMENTAGREEMENT — United Supermarkets, L.L.C.
PAGES
SECTION 18. 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 by the City Council.
EXECUTED on 2015.
UNITED SUPERMARKETS, L.L.C. CITY OF LUBBOCK
A Municipal Corporation
Chris St. Clair, Executive Vice President GLEN C. ROBERTSON, MAYOR
ATTEST:
Rebecca Garza, City Secretary
SAFEWAY, INC. APPROVED AS TO CONTENT:
Bradley R. Beckstrom, Cheryl Brock,
Vice President, Legal Department Executive Director of Budget
APPROVED AS TO FORM:
Linda L. Chamales, Economic
Development Attorney
Lc: cityattfLinda/ Tax Abatement Agmt— United 2015
November 5, 2015
TAX ABATEMENT AGREEMENT— United Supermarkets, L.L.C.
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