HomeMy WebLinkAboutResolution - 2007-R0551 - Tax Abatement Agreement - Molinos Anahuac Inc. - 12/06/2007Resolution No. 2007—RO551
December 6, 2007
Item No. 5.5
RESOLUTION
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 a Tax Abatement Agreement
with Molinos Anahuac, Inc. and all related documents. Said Agreement 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 6th day of December , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
4e 4Z -
Rebecca Garza, City Secret
APPROVED ASAO CONTENT:
Robison; AstitaaMity Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
LC: cityatt / Linda / Res -Tax Abatement-Molinos Anahuac
November 26, 2007
AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
Resolution No. 2007-RO551
This Agreement made this 6th day of December , 2007, by and
between the City of Lubbock, Texas, a home rule municipality of the State of Texas
(hereinafter called "City"), and Molinos Anahuac, Inc. (hereinafter called "Company");
WITNESSETH:
WHEREAS, City did receive from Company on the 2n'd day of May, 2007 an
application for tax abatement for improvements to real property and tangible personal
property at 301 Insurance Street, Tract A, Railport Addition to the City of 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. 2006-000108 covering the above described property; and
WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Industrial
Projects in the City of Lubbock was heretofore adopted by Resolution No. 2007-120514
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 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 the criteria and guidelines as set forth in
the Guidelines and Criteria Governing Tax Abatement for Industrial Projects in the City
of Lubbock, said guidelines having been adopted by Resolution No. 2007-RO5 l4 of the
City on November 8, 2007; and
WHEREAS, the City did pass Ordinance No. 2006-00108 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 Company is an application for
the construction of a new facility; and
AGREEMENT - MOLINOS ANAHUAC, INC. PAGE 1
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 adopted by the City Council by Resolution
No. 2007-RO514, 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. 2007-R0514 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 I of the tax year after the required improvements are
substantially 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 2007, 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
Industrial Projects in the City of Lubbock and heretofore adopted by the City Council by
Resolution No. 2007 -ROS 14 is incorporated by reference herein as if fully set out in this
Agreement and fully describes the property ineligible for tax abatement.
AGREEMENT —MOLINOS ANAHUAC, INC. PAGE 2
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 in Exhibit "A".
(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 a 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 Qualifications. Company agrees to expend funds
necessary to qualify for tax abatement by constructing a new facility, as set forth in
Section IV(3)(a) 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 Company's application, Exhibit "C" and incorporated herein as if fully set forth.
SECTION 8 Job Creation Qualifications. It is hereby found by the City that
Company will create and retain 12 new full-time permanent positions within one year of
completion of improvements. A description of the number and location of all proposed
jobs is attached in Company application, Exhibit "C" and incorporated herein as if fully
set forth.
SECTION 9. 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,
Company will expend one million ($1,000,000) for the construction of a new facility and
one million six hundred fifty eight thousand ($1,658,000) on new equipment to be
located within the reinvestment zone created by Ordinance No. 2006-00108.
SECTION 10. City Access to Property. Company covenants and agrees that City
shall have access to the property, which are 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 compliance with the terms and conditions of
Company'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.
AGREEMENT - MOLINOS ANAHUAC, INC. PAGE 3
Year 1:
100%
Year 2:
80%
Year 3:
60%
Year 4:
40%
Year 5:
20%
SECTION 12. Commencement Date. This Agreement shall commence January 1
of the tax year after the required improvements are substantially completed and shall
expire five (5) years after such date.
SECTION 13. Type of Improvements. Company proposes to construct a new
facility as described in Exhibit "C". Company further states that the proposed
improvements to the property above mentioned shall commence on the 6th day of
Au ust, 2007, and shall be completed within approximately five (5) months from said
date. 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.
Company shall provide a copy of the certificate of occupancy or other proof of
completion within ten days of completion of improvements.
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. 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. 2007-RO514 of the City Council of the City of Lubbock.
SECTION 16. Certification. Company agrees to certify annually in writing 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
Company fails to comply with the Agreement.
AGREEMENT - MOLINOS ANAHUAC, INC. PAGE 4
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 MOLINOS ANAHUAC, INC.
Assistant City Manager Sergio Rascon
Development Services Attn: Rodolfo Mata
P.O. Box 2000 1112 Montana
Lubbock, Texas 79457 El Paso, TX 79902
Phone: 915.613.0780
Fax: 915.351.4494 !
AGREEMENT - MOLINOS ANAHUAC, INC. PAGE 5
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 5th day of
AGREEMENT - MOL[NOS ANAHUAC, INC.
December .2007.
CITY OF LUBBOCK
A Municipaltion �Q
DAVID MILLER, MAYOR
ATTEST: `
I
Re ecca Garza
City Secretary
APPROVED AS T CONTENT:
Rob Allison -, t C--it-Manager
Development Services
APPROVED AS TO FORM:
i
Linda L. Chamales, Senior Attorney
Office Practice Section
PACE 6
Exhibit A
Resolution No, 2007-RO551
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Exhibit"B" Resolution No. 2007—R0551
Guidelines and Criteria Governing Tax Abatement For
Industrial Projects In The City of Lubbock
SECTION I. General Purpose:
The City of Lubbock is committed to the promotion of high quality development in all parts of the City of
Lubbock, Texas; and to an ongoing improvement in the quality of life for the citizens residing within the
Affected Jurisdiction, The Affected Jurisdiction recognize that these objectives are generally served by
enhancement and expansion of the local economy. The Affected Jurisdiction will, on a case by case basis,
give consideration to providing tax abatement, as authorized by V.T.C.A., Tax Code, Chapter 312, as
stimulation for economic development within the Affected Jurisdiction. It is the policy of the Affected
Jurisdiction that said consideration will be provided in accordance with the guidelines and criteria herein set
forth and in conformity with the Tax Code.
Nothing contained herein shall imply, suggest or be understood to mean THAT the Affected Jurisdiction is
under any obligation to provide tax abatement to any applicant and attention is called to V.T.C.A., Tax
Code, Section 312.002(d). With the above rights reserved all applications for tax abatement will be
considered on a case by case basis.
SECTION 11. Definitions:
As used within these guidelines and criteria, the following words or phrases shall have the following
meaning:
1. Abatement of Taxes: To exempt from ad valorem taxation all or part of the value of certain
Improvements placed on land located in a reinvestment zone designated for economic
development purposes as of the date specified in the Tax Abatement Agreement for a period
of time not to exceed ten (10) years.
2. Affected Jurisdiction: City of Lubbock.
3. Abatement Agreement: (1) A contract between a property owner and an Affected
Jurisdiction for the abatement of taxes on qualified property located within a reinvestment
zone; or, (2) a contract for the abatement of taxes between an Affected Jurisdiction and a
certified air carrier who owns or leases Real Property located within the reinvestment zone or
Personal Property or both as authorized by V.T.C.A., Tax Code, Section 312.204(e)
4. Advanced Technologies: advanced manufacturing which requires higher skills and results in
higher wages and investment.
5. Base Year Value: The assessed value of property eligible for tax abatement as of January 1
preceding the execution of an Abatement Agreement as herein defined.
6. Distribution Center Facility: A building or structure including Tangible Personal Property
used or to be used primarily to receive, store, service or distribute goods or materials.
7. Expansion of Existing Facilities or Structures: The addition of buildings, structures,
machinery or equipment to a Facility.
8. Existing Facility or Structure: A facility as of the date of execution of the Tax Abatement
Agreement, located in or on Real Property eligible for tax abatement.
2007 Industrial Tax Abatement Guidelines
November 8, 2007
9. Facility: The improvements made to Real Property eligible for tax abatement and including
the building or structure erected on such Real Property and/or any Tangible Personal Property
to be located in or on such property.
14. Information and Data Center: Facility used to house computer systems and associated
components, such as telecommunications and storage systems. The main purpose of the
facility is running applications that handle the core business and operational data of
organizations, off-site backups and other informational operations.
11. Improvements to Real Property or Improvements: Shall mean the construction, addition to,
structural upgrading of, replacement of, or completion of any facility located upon, or to be
located upon, Real Property, as herein defined, or any Tangible Personal Property placed in or
on said Real Property.
12. Manufacturing Facility: A Facility which is or will be used for the primary purpose of the
production of goods or materials or the processing or change of goods or materials to a
fmished product.
13. Medical Services: Facilities such as hospitals, specialty hospitals and other like facilities that
are classified under North American Industrial Classification System Code 622.
14. Modern ization/Renovation of Existing Facilities: The replacement or upgrading of existing
facilities.
15. New Facility: The construction of a Facility on previously undeveloped real property eligible
for tax abatement.
16. New Permanent Job: A new employment position created by a business that has provided
employment to an employee of at least 1,820 hours annually and intended to be an
employment position that exists during the life of the abatement.
17. Other Basic Industry: A Facility other than a distribution center facility, a research facility, a
regional service facility or a manufacturing facility which produces goods or services or which
creates new or expanded job opportunities and services a market of which 50% of revenues
come from outside of Lubbock County, Texas.
18. Owner: The record title owner of Real Property or the legal owner of Tangible Personal
Property. In the case of land leased from an Affected Jurisdiction or buildings leased from a
private party or tax exempt property, the lessee shall be deemed the owner of such leased
property together with all improvements and Tangible Personal Property located thereon.
19. Productive Life: The number of years a Facility is expected to be in service.
20. Real Property: Land on which Improvements are to be made or fixtures placed.
21. Regional Services Facility: A Facility, the primary purpose of which is to service or repair
goods or materials and which creates job opportunities within the Affected Jurisdictions.
22. Reinvestment Zone: Real Property designated as a Reinvestment Zone under the provisions
of V.T.C.A., Tax Code, Section 312.202.
2007 Industrial Tax Abatement Guidelines
November 8, 2007
23. Research Facility: A Facility used or to be used primarily for research or experimentation to
improve or develop new goods and/or services or to improve or develop the production
process for such goods and/or services.
24. Tangible Personal Property: Any Personal Property, not otherwise defined herein and which
is necessary for the proper operation of any type of Facility.
SECTION III. Intent of Criteria and Guidelines:
The Intent of the criteria and guidelines, as herein set forth, is to establish the minimum standards which an
applicant for tax abatement must meet in order to be considered for such status by the Affected Jurisdiction.
SECTION IV. Criteria and Guidelines for Tax Abatement:
Any type of Facility will be eligible for tax abatement consideration provided such Facility meets the
following guidelines and criteria:
1. To qualify for Tax Abatement, the company must meetboth of the following criteria:
a) The modernization or expansion of an existing facility of any type as herein defined or
construction of a new facility of any type as herein defined.
b) Producer„ manufacturer or distributor of goods and services of which 50 percent or more
are distributed outside of Lubbock County.
2. In addition to the aforementioned, the taxing jurisdiction will consider abatement only if the
company meets one of the following criteria:
a) One of the following target industries:
i) Advanced Technologies and Manufacturing
ii) Value-added Agricultural Production including Food Processing and Machinery
iii) Research and Development
iv) Medical Services (as defined in Section Il Definitions)
v) Warehouse/Distribution
vi) Corporate Headquarters of a Regional/National Service Center
vii) Information and Data Centers
b) The project is not included as a target industry, but has the potential of generating
additional significant economic development opportunities to Lubbock
3. The company must meet one of the following criteria:
a) The project will add at least $1 million in real property improvements, or $2
2007 Industrial Tax Abatement Guidelines
November 8, 2007
million in new personal property , or 25 new permanent jobs if the
facility is a new company to Lubbock.
b) The project will add at least $500,000 in real property improvements, or $1 million in
new personal property, or 15 new permanent jobs if the facility is an existing company.
4. New or existing faciiities,of any type herein defined, located in a reinvestment zone or upon
Real Property eligible for such status will be eligible for consideration for tax abatement status
provided that all other criteria and guidelines are satisfied
5. Improvements to Real Property are eligible for tax abatement status.
6. The following types of Property shall be ineligible for tax abatement status and shall be fully
taxed.
a) Real Property;
b) inventories or supplies;
C) tools;
d) furnishings and other forms of movable personal property;
e) vehicles;
f) aircraft;
g) housing;
h) boats;
i) hotel accommodations;
j) motel accommodations;
k) retail businesses;
1) property owned by the State of Texas or any State agency; and,
m) property owned or leased by a member of the affected Jurisdiction that did not have an
active tax abatement in place before they became a member of the governing body or
commission.
7. In order for a Facility to qualify for abatement, the following conditions must apply:
a) The owner or leaseholder of real property must make eligible improvements to the real
property; and,
b) In the case of lessees, the leaseholder must have a lease commitment of at least five (5)
years.
4
2007 Industrial Tax Abatement Guidelines
November 8, 2007
c) It is recommended that facilities located within the certificated territory of the City's
municipally owned electric utility, Lubbock Power and light (LP&L) utilize LP&L for
electrical services during the term of the abatement.
In reinvestment zones, the amount and term of abatement shall be determined on a case by
case basis, however, in no event shall taxes be abated for a term in excess of ten (10) years.
The amount of the taxable value of Improvements to be abated and the term of the abatement
shall be determined by the municipality in all cases where the property for which tax
abatement is applied for is within the City limits of the City or by the County of Lubbock in all
cases where the property for which tax abatement is applied for is outside of the City limits of
a municipality, but within the County of Lubbock, except that a reinvestment zone that is a
state enterprise zone is designated for the same period as a state enterprise zone as provided
by Chapter 2303, Government Code. The authority of all other taxing units shall be as set
forth in V.T.C.A., Tax Code, Section 312.206.
In enterprise zones, the governing body of each taxing jurisdiction may execute a written
agreement with the owner of the property. The agreement may, but is not required to, contain
terms that are identical to those contained in the agreement with the municipality, county, or
both, whichever applies, and the only terms for the agreement that may vary are the portion of
the property that is to be exempt from taxation under the agreement and the duration of the
agreement.
9. No property shall be eligible for tax abatement unless such property is located in a
reinvestment zone in accordance with V.T.C.A., Tax Code, Section 312.202 and the tax
abatement application is filed with the taxing jurisdiction before construction begins.
I0. Notwithstanding any of the requirements set forth in Section IV Subsection 3, the governing
body of an Affected Jurisdiction upon the affirmative vote of a three-fourths (314) of its
members may vary any of the above requirements when variation is demonstrated by the
applicant for Tax Abatement that variation is in the best interest of the Affected Jurisdiction to
do so and will enhance the economic development of the Affected Jurisdiction. By way of
example only and not by limitation the governing body of an Affected Jurisdiction may
consider the following or similar terms in determining whether a variance shall be granted:
a) That the increase in productivity of the Facility will be substantial and hence directly
benefit the economy.
b) That the increase of goods or services produced by the facility will be substantial and
directly benefit the economy.
c) That the employment maintained at the Facility will be increased.
d) That the waiver of the requirement will contribute and provide for the retention of
existing jobs within the Affected Jurisdiction.
e) Any other evidence tending to show a direct economic benefit to the Affected
Jurisdiction.
11. Taxability:
a) The portion of the value of Improvements to be abated shall be abated in accordance with
the terms and provisions of a Tax Abatement Agreement executed between the Affected
Jurisdiction and the owner of the Real Property and/or Tangible Personal Property,
2007 Industrial Tax Abatement Guidelines
November 8, 2007
(which agreement shall be) in accord with the provisions of V.T.C.A., Tax Code, Section
312.205.
b) All ineligible property, if otherwise taxable as herein described, shall be fully taxed.
12. The governing body of each Affected Jurisdiction shall have total discretion as to whether tax
abatement is to be granted. Such discretion, as herein retained, shall be exercised on a case by
case basis. The adoption of these guidelines and criteria by the governing body of an Affected
Jurisdiction does not:
a) Limit the discretion of the governing body to decide whether to enter hto a specific tax
abatement agreement;
b) Limit the discretion of the governing body to delegate to its employees theauthority to
determine whether or not the governing body should consider a particular application or
request for tax abatement; or,
c) Create any property, contract, or other legal right in any person to have thcgoveming
body consider or grant a specific application or request for tax abatement.
13. The burden to demonstrate that an application for tax abatement should be granted shall be
upon the applicant. Each Affected Jurisdiction to which the application has been directed
shall have full authority to request any additional information from the applicant that the
governing body of such Affected Jurisdiction deems necessary to assist it in considering such
application.
SECTION V. Criteria and Guidelines for Creation of Reinvestment Zone:
1. No Property shall be eligible for tax abatement unless such property is located in a
reinvestment zone designated as such in accordance with V.T.C.A., Tax Code, Section
312.202. To be designated as a reinvestment zone an area must meet one of the following:
a) Substantially arrest or impair the sound growth of the municipality or county creating the
zone, retard the provision of housing accommodations, or constitute an economic or
social liability and be a menace to the public health, safety, morals, or welfare in its
present condition and use because of the presence of:
1. a substantial number of substandard, slum, deteriorated, or deteriorating structures;
2. the predominance of defective or inadequate sidewalks or streets;
3. faulty size, adequacy, accessibility or usefulness of lots;
4. unsanitary or unsafe conditions;
5. the deterioration of site or other improvements;
6. tax or special assessment delinquency exceeding the fair value of the land;
7. defective or unusual conditions of title;
8. conditions that endanger life or property by fire or other cause; or,
2007 Industrial Tax Abatement Guidelines
November 8, 2007
9. any combination of these factors;
a) Be predominantly open and, because of obsolete platting, deterioration of
structures or site improvements, or other factors, substantially impair or arrest
the sound growth of the municipality;
b) Be in a federally assisted new community located in a home rule municipality or
in an area immediately adjacent to a federally assisted new community located in
a home rule municipality;
c) Be located entirely in an area that meets the requirements for federal assistance
under Section 119 of the Housing and Community Development Act of 1974 (42
U.S.C. Section 5318);
d) Encompass signs, billboards, or other outdoor advertising structures designated
by the governing body of the municipality for relocation, reconstruction, or
removal for the purpose of enhancing the physical environment of the
municipality, which the legislature declaresto be a public purpose; or,
e) Be reasonably likely as a result of the designation to contribute to the retention
or expansion of primary employment or to attract major investment in the zone
that would be a benefit to the property and that would contribute to the economic
development of the municipality.
2. For purposes of this Section, federally assisted new community is a federally assisted area:
a) That has received or will receive assistance in the form of loan guarantees under Title X
of the National Housing Act (12 U.S.C., Section 1749aa et seq); and,
b) A portion of which has received grants under Section 107 (a)(1) of the Housing and
Community Development Act of 1974, as amended.
3. The governing body of a municipality, as required by Section 312.201, or a county, as
required by V.T.C.A., Tax Code, Section 312.401, shall hold a public hearing on the
designation of an area within its jurisdiction as a reinvestment zone. The burden shall be on
the owner of the property sought to be included in the zone or applicant for the creation of the
reinvestment zone to establish the following:
a) That the requirements of Subsection 1 of this Section have been met.
b) That the improvements sought are feasible and practical.
4. No later than the seventh day before the date set for the above public hearing notice of such
hearing shall be:
a) Published in a newspaper having general circulation in the Affected Jurisdiction.
b) Delivered in writing to the presiding officer of the governing body of each taxing unit that
includes in its boundaries Real Property that is to be included in the reinvestment zone.
5. At the public hearing above described in Subsection 3 above, any interested person is entitled
to speak and present evidence for or against the designation of such reinvestment zone.
2007 Industrial Tax Abatement Guidelines
November 8, 2007
6. At the conclusion of the hearing described in Subparagraph 3 above, the governing body shall
enter its findings as follows:
a) That the applicant or owner has or has not met his burden as hereinabove set forth, and/or,
b) That the improvements sought are or ate not feasible and practical.
c) That the proposed improvements sought will or will not be a benefit to the land to be
included in the reinvestment zone and to the Affected Jurisdiction after the expiration of
an agreement entered into under V.T.C.A., Tax Code, Section 312.204.
7. An application for the creation of a reinvestment zone shall not be granted unless the Affected
Jurisdiction considering such application enters affirmative findings to Subparagraphs a, b,
and c of Subsection 6 above set forth.
8. At the conclusion of the public hearing herein required and upon the affirmative finding of the
governing body as required by Subsection 7 above set forth, the governing body may
designate a reinvestment zone in accordance with the provisions of V.T.C.A., Tax Code,
Sections 312.201 or 312.401, whichever Section shall be applicable under the premises.
9. The designation of a reinvestment zone expires five years after the date of the designation and
may be renewed for periods not to exceed five years, except that a reinvestment zone that is a
state enterprise zone is designated for the same period as a state enterprise zone as provided
by Chapter 2303, Government Code. The expiration of the designation does not affect an
existing tax abatement agreement made in accordance with V.T.C.A., Tax Code, Section
312.201 through Section 312.209.
10. Designation of an area as an enterprise zone under the Texas Enterprise Zone Act, Chapter
2303, Subchapter C, Texas Government Code, constitutes designation of the area as a
reinvestment zone under Subchapter B of the Property Redevelopment and Tax Abatement
Act without further hearing or other procedural requirements other than those provided by the
Texas Enterprise Zone Act, Chapter 2303, Subchapter C, Texas Government Code.
SECTION VI. Tax Abatement Agreement:
1. After the creation of a reinvestment zone as hereinabove authorized a Tax Abatement
Agreement may be executed between the owner and any Affected Jurisdiction. A Tax
Abatement Agreement shall:
a) Establish and set forth the Base Year assessed value of the property for which tax
abatement is sought.
b) Provide that the taxes paid on the base year assessed value shall not be abated as a result
of the execution of said Tax Abatement Agreement.
c) Provide that ineligible property as subscribed in Section IV, Subsection 6, hereinabove
shall be fully taxed.
d) Provide for the exemption of Improvements in each year covered by the agreement only
to the extent the value of such Improvements for each such year exceeds the value for the
year in which the agreement is executed.
2007 Industrial Tax Abatement Guidelines
November &, 2007
e) Fully describe and list the kind, number and location of all of the improvements to be
made in or on the Real Property.
f) Set forth the estimated value of all improvements to be made in or on the Real Property.
g) Clearly provide that tax abatement shall be granted only to the extent:
1. The Improvements to Real Property increase the value of the Real Property for the
year in which the Tax Abatement Agreement is executed; and,
2. That the Tangible Personal Property improvements to Real Property were not located
on the Real Property prior to the execution of the Tax Abatement Agreement.
h) Provide for the portion of the value of the improvements to Real Property of
improvements to be abated. This determination is to be made consistent with the
provisions of Section IV, Subsection 6, of these guidelines and criteria as hereinabove set
forth.
i) Provide for the commencement date and the termination date. In no event shall said dates
exceed a period of ten years.
j) Describe the type and proposed use of the improvements to Real Property or
improvements including:
1. The type of facility.
2. Whether the improvements are for a new facility, modernization of a facility, or
expansion of a facility.
3. The nature of the construction, proposed time table of completion, a map or drawings
of the improvements above mentioned.
4. The amount of investment and the commitment for the creation of new jobs.
5. A list containing the kind, number and location of all proposed Improvements.
6. Any other information required by the Affected Jurisdiction.
k) Provide a legal description of the Real Property upon which improvements are to be
made.
1) Provide access to and authorize inspection of the Real Property or improvements by
employees of the Affected Jurisdiction, who have executed a Tax Abatement Agreement
with owner to insure improvements are made according to the specifications and
conditions of the Tax Abatement Agreement.
m) Provide for the limitation of the uses of the Real Property or improvements consistent
with the general purpose of encouraging development or redevelopment of the zone
during the period covered by the Tax Abatement Agreement.
n) Provide the contractual obligations in the event of default by owner, violation of the terms
or conditions by owner, recapturing property tax revenue in the event owner defaults or
9
2007 Industrial Tax Abatement Guidelines
November 8, 2007
otherwise fails to make improvements as provided in said Tax Abatement Agreement, and
any other provision as may be required or authorized by State Law.
o) Contain each term agreed to by the owner of the property.
p) Require the owner of the property to certify annually to the governing body of each taxing
unit that the owner is in compliance with each applicable term of the agreement.
q) Provide that the governing body of the municipality may cancel or modify the agreement
if the property owner fails to comply with the agreement.
2. Not later than the seventh day before a municipality or the County of Lubbock(as required by
V.T.C.A., Tax Code, Section 312.2041 or Section 312.402) enters into an agreement for tax
abatement under V.T.C.A., Tax Code, Section 312.204, the governing body of a municipality
or a designated officer or employee thereof or the governing body of the county of Lubbock or
a designated officer or employee thereof shall deliver to the presiding officer of the governing
body of each of the taxing units in which the property to be subject to the agreement is
located, a written notice that the municipality or the County of Lubbock as the case may be,
intends to enter into the agreement. The notice must include a copy of the proposed Tax
Abatement Agreement.
3. A notice, as above described in Subparagraph 2, is presumed delivered when placed in the
mail, postage paid and properly addressed to the appropriate presiding officer. A notice
properly addressed and sent by registered or certified mail for which a return receipt is
received by the sender is considered to have been delivered to the addressee.
4. Failure to deliver the notice does not affect the validity of the agreement.
SECTION VII. Aunlication:
Any present owner of taxable property located within an Affected Jurisdiction may apply for
tax abatement by filing an application with the county of Lubbock, when the Real Property or
Tangible Personal Property for which abatement is sought is located within the County of
Lubbock but outside of the City limits of any City or with the appropriate City when the heal
Property or Tangible Personal Property for which abatement is sought is located within the
City limits of a municipality located whollyor partially within Lubbock County.
2. The application shall consist of a completed application form accompanied by:
a) A general description of the improvements to be undertaken.
b) A descriptive list of the improvements for which tax abatement is requested.
c) A list of the kind, number and location of all proposed improvements of the Real Property
Facility or Existing Facility.
d) A 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.
e) A list of any and all Tangible Personal Property presently existing on the Real Property or
located in an existing facility.
10
2007 Industrial Tax Abatement Guidelines
November 8, 2007
f) A proposed time schedule for undertaking and completing the proposed improvements.
g) A general description stating whether the proposed improvements are in connection with:
1. the modernization of a facility (of any type herein defined); or,
2, construction of a new facility (of any type herein defined); or,
3. expansion of a facility (of any type herein defined); or,
4. any combination of the above.
h) A statement of the additional value to the Real Property or Facility as a result of the
proposed improvements.
i) A statement of the assessed value of the Real Property, Facility or Existing Facility for the
Base Year.
j) Information concerning the number of new jobs that will be created or information
concerning the number of existing jobs to be retained as result of the improvements
undertaken.
k) Any other information which the Affected Jurisdiction, to which the application has been
directed, deems appropriate for evaluating the financial capacity of the applicant and
compatibility of the proposed improvements with these guidelines and criteria.
l) Information that is provided to an Affected Jurisdiction in connection with an application
or request for tax abatement and which describes the specific processes or business
activity to be conducted or the equipment or other property to be located on the property
for which tax abatement is sought is confidential and not subject to public disclosure until
the Tax Abatement Agreement is executed. Information in the custody of an Affected
Jurisdiction after the agreement is executed is not confidential. (V.T.C.A., Tax Code,
Section 312.003).
m) The Affected Jurisdiction to whom the application for tax abatement has been directed
shall determine if the property described in said application is within a designated
reinvestment zone. If the Affected Jurisdiction determines that the property described is
not within a current reinvestment zone then they shall so notify the applicant and said
application shall then be considered both as an application for the creation of a
reinvestment zone and a request for tax abatement to be effective after the zone is created.
SECTION VIII. Default Options
In the event that the applicant, owner or lessee has entered into a tax abatement agreement to
make improvements as defined in Section IV.2 above, but fails to undertake or complete such
improvements; fails to create all or a portion of the new jobs provided by the Tax Abatement
Agreement; or is in default of any of the terms or conditions contained in the Tax Abatement
Agreement; then in such event the Affected Jurisdiction to whom the application for tax
abatements was directed shall give the applicant or owner sixty (60) days notice of such
failure. The applicant or owner shall demonstrate to the satisfaction of the Affected
Jurisdiction above mentioned that the applicant or owner has commenced to cure such failure
11
2007 industrial Tax Abatement Guidelines
November 8, 2007
within the sixty (60) days above mentioned. In the event the applicant owner, or lessee fails to
demonstrate that he is taking affirmative action to cure his failure, the Affected Jurisdiction
shall have three options:
(a) The Affected Jurisdiction may renegotiate the Agreement with the applicant, owner or
lessee, in which case the current Guidelines and Criteria Governing Tax Abatement for
Commercial Projects in Designated Enterprise Zones shall apply to the new Agreement;
or
(b) The Affected Jurisdiction may determine that good cause exists to cancel the Agreement
and all abatement of taxes shall terminate immediately; or
(c) The Affected Jurisdiction may terminate the Agreement and recapture taxes abated under
Section VIII. Recapture.
2. In any of the three options in subparagraph I above, the Affected Jurisdiction to which the
application for tax abatement was directed shall determine whether default has occurred by the
applicant, owner or lessee in the terms and conditions of the Tax Abatement Agreement and
shall so notify all other Affected Jurisdictions. Cancellation or termination of the Tax
Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement
was directed shall constitute simultaneous action to all Tax. Abatement Agreements of all other
Affected Jurisdictions.
SECTION IX. Recapture
In the event that any type of facility, (as defined in Section II, Subparagraphs 5, 6, 7, 8, 10, 11,
12, 14, 18, 20) is completed and begins producing goods or services, but subsequently
discontinues producing goods or services for any reason, excepting fire, explosion or other
casualty or accident or natural disaster or other event beyond the reasonable control of
applicant or owner for a period of 180 days during the term of a tax abatement agreement,
then in such even the Tax Abatement Agreement shall terminate and all abatement of taxes
shall likewise terminate. Taxes abated during the calendar year in which termination takes
place shall be payable to each Affected Jurisdiction by no later than January 31 st of the
following year. Taxes abated in years prior to the year of termination shall be payable to each
Affected Jurisdiction within sixty (60) days of the date of termination. The burden shall be
upon the applicant or owner to prove to the satisfaction of the Affected Jurisdiction to who the
application for tax abatement was directed that the discontinuance of producing goods or
services was as a result of fire, explosion, or other casualty or accident of natural disaster or
other event beyond the control of applicant or owner. In the event that applicant or owner
meets this burden and the Affected Jurisdiction is satisfied that the discontinuance of the
production of goods or services was the result of vents beyond the control of the applicant or
owner, then such applicant or owner shall have a period of one year in which to resume the
production of goods and services. In the event that the applicant or owner fails to resume the
production of goods or services within one year, then the Tax Abatement Agreement shall
terminate and the Abatement of all taxes shall likewise terminate. Taxes abated during the
calendar year in which termination takes place shall be payable to each Affected Jurisdiction
by no later than January 31st of the following year. Taxes abated in years prior to the year of
termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of
termination. The one year time period, hereinabove mentioned, shall commence upon written
notification from the Affected Jurisdiction to the applicant or owner.
12
2007 industrial Tax Abatement Guidelines
November 8, 2007
2. In the event that the applicant or owner has entered into a tax abatement agreement to make
improvements to a facility of any type described in Section 1 above, but fails to undertake or
complete such improvements or fails to create all or a portion of the number of new jobs
provided by the Tax Abatement Agreement, then in such event the Affected Jurisdiction to
whom the application for tax abatement was directed shall give the applicant or owner sixty
(60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction
of the Affected Jurisdiction, above mentioned, that the applicant or owner has commenced to
cure such failure within the sixty (60) days above mentioned. In the event that the applicant or
owner fails to demonstrate that he is taking affirmative action to cure his failure, then in such
event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise
terminate. Taxes abated during the calendar year in which termination takes place shall be
payable to each Affected Jurisdiction by no later than January 31 st of the following year.
Taxes abated in years prior to the year of termination shall be payable to each Affected
Jurisdiction within sixty (60) days of the date of termination.
In the event that the Affected Jurisdiction to whom application for tax abatement was directed
determines that the applicant or owner is in default of any of the terms or conditions contained
in the Tax Abatement Agreement, then in such even the Affected Jurisdiction, shall give the
applicant or owner sixty (60) days written notice to cure such default. In the event such
default is not cured to the satisfaction of the Affected Jurisdiction within the sixty (60) days
notice period, then the Tax Abatement Agreement shall terminate and all abatement of taxes
shall likewise terminate. Taxes abated during the calendar year in which termination takes
place shall be payable to each Affected Jurisdiction by no later than January 31st of the
following year. Taxes abated in years prior to the year of termination shall be payable to each
Affected Jurisdiction within sixty (60) days of the date of termination.
4. In the event that the applicant or owner allows ad valorem taxes on property ineligible for tax
abatement owed to any Affected Jurisdiction, to become delinquent and fails to timely and
properly follow the legal procedures for their protest or contest, then in such even the Tax
Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate.
Taxes abated during the calendar year in which termination, under this subparagraph, takes
place shall be payable to each Affected Jurisdiction by no later than January 31st of the
following year. Taxes abated in years prior to the year of termination shall be payable to each
Affected Jurisdiction within sixty (60) days of the date of termination.
5. In the even that the applicant or owner, who has executed a tax abatement agreement with any
Affected Jurisdiction, relocates the business for which tax abatement has been granted, to a
location outside of the designated reinvestment zone, then in such event, the Tax Abatement
Agreement shall terminate after sixty (60) days written notice by the Affected Jurisdiction to
the Owner/Applicant. Taxes abated during the calendar year in which termination, under this
subparagraph takes place shall be payable to each Affected Jurisdiction by no later than
January 31st of the following year. Taxes abated in years prior to the year of termination shall
be payable to each Affected Jurisdiction within sixty (60) days of the date of termination.
6. The date of termination as that term is used in this Subsection VIII shall, in every instance, be
the 60th day after the day the Affected Jurisdiction sends notice of default, in the mail to the
address shown in the Tax Abatement Agreement to the Applicant or Owner. Should the
default be cured by the owner or Applicant within the sixty (60) day notice period, the
Owner/Applicant shall be responsible for so advising the Affected Jurisdiction and obtaining a
release from the notice of default from the Affected Jurisdiction, failing in which, the
abatement remains terminated and the abated taxes must be paid.
13
2007 Industrial Tax Abatement Guidelines
November B, 2007
In every case of termination set forth in Subparagraphs 1, 2, 3, 4 and 5 above, the Affected
Jurisdiction to which the application for tax abatement was directed shall determine whether
default has occurred by Owner (Applicant) in the terms and conditions of the Tax Abatement
Agreement and shall so notify all other Affected Jurisdictions. Termination of the Tax
Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement
was directed shall constitute simultaneous termination of all Tax Abatement Agreements of all
other Affected Jurisdictions.
8. In the event that a tax abatement agreement is terminated for any reason what so ever and
taxes are not paid within the time period herein specified, then in such event, the provisions of
V.T.C.A., Tax Code, Section 33.01 will apply.
SECTION X. Miscellaneous:
1. Any notice required to be given by these criteria or guidelines shall be given in the following
manner:
a) To the owner or applicant: written notice shall be sent to the address appearing on the Tax
Abatement Agreement.
b) To an Affected Jurisdiction: written notice shall be sent to the address appearing on the
Tax Abatement Agreement.
2. The Chief Appraiser of the Lubbock Central Appraisal District shall annually assess the Real
and Personal Property comprising the reinvestment zone. Each year, the applicant or owner
receiving tax abatement shall furnish the chief Appraiser with such information as may be
necessary for the abatement. Once value has been established, the Chief Appraiser shall
notify the Affected Jurisdictions which levy taxes of the amount of assessment.
3. Upon the completion of improvements made to any type of Facility as set forth in Section
VIII, Subparagraph I of these criteria and guidelines a designated employee or employees of
any Affected Jurisdiction having executed a tax abatement agreement with applicant or owner
shall have access to the Facility to insure compliance with the Tax Abatement Agreement.
4. A tax abatement agreement may be assigned to a new owner but only after written consent has
been obtained from all Affected Jurisdictions which have executed such an agreement with the
applicant or owner.
5. These guidelines and criteria are effective upon the date of their adoption by an Affected
Jurisdiction and shall remain in force for two years. At the end of the two year period these
guidelines and criteria may be readopted, modified, amended or rewritten as the conditions
may warrant.
6. Each Affected Jurisdiction shall determine whether or not said Affected Jurisdiction elects to
become eligible to participate in tax abatement. In the even the Affected Jurisdiction elects by
resolution to become eligible to participate in tax abatement, then such Affected Jurisdiction
shall adopt these guidelines and criteria by separate resolution forwarding a copy of both
resolutions to all other Affected Jurisdictions.
7. In the event of a conflict between these guidelines and criteria and V.T.C.A., Tax Code,
Chapter 312, then in such event the Tax Code shall prevail and these guidelines and criteria
interpreted accordingly.
14
2007 Industrial Tax Abatement Guidelines
November 8, 2007
8. The guidelines and criteria once adopted by an Affected Jurisdiction may be amended or
repealed by a vote of three-fourths of the members of the governing body of an Affected
Jurisdiction during the two year term in which these guidelines and criteria are effective.
15
Exhibit C
APPLICATION FOR INDUSTRIAL TAX ABATEMENT IN LUBBOCK COUNTY
FILING INSTRUCTIONS:
This application must be submitted to the appropriate taxing iurisdiction 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 1h Street, Suite 105
Lubbock, TX 79457
(806) 775-2019
Section I — APPLICANT INFORMATION
Date of Application: 3_1_20 _1_07,
Applicant Name: Sergio Rascon
Company Name: Molinos Anahuac, Inc.
Address: Attn: Rodolfo Mata, 1112 Montana EI Paso, Texas 79902
Phone: 915.613.0780 Fax: 915.351.4494
Applicants Representative on this project: Rodolfo Mata, Attorney
Name: Rodolfo Mata, Esq.
Address; 1112 Montana Ave,. EI Paso, Texas 79902
Phone: 915.613.0780
Email: rmataaa.rmatapc.com
Type of Ownership: [X] Corporation [ ) Partnership [ ] Proprietorship
Total Current Number Employees: NA
Corporate Annual Sales Per Year: Prosection $14,000,000.00
Annual Report Submitted? [X] Yes [ ] No
E
5 ` -771
ERIV
Molinos Anahuac Inc - abatement application 2-8-07.doc
Industrial Tax Abatement Application
Page 2
Section Il - 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
[X] Value-added Agricultural Production including Food Processing and Machinery
] Med Tech Research/Manufacturing/Assembly
[ ] Aviation/Avionics Production/Rehab
[X] Warehouse/Distribution
[ ] Corporate Headquarters of a Regional/National Service Center
[ ] 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 ERt8FPFi68 ZGne, "Reinvestment 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
(g) If Existing Company checked, which of the following statements apply to the project:
[ ] 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: 301 Insurance Street, Lubbock, Texas 79403
(i) Legal description of proposed facility: See Exhibit "A" and Exhibit "B" [WARRANTY DEED PENDING}
(j) The proposed facility is located in:
School District: New Deal Independent School District
City: Lubbock
Industrial Tax Abatement Application
Page 3
(k) Describe product or service to be provided: Manufacture and processing of Corn Flour
Section III - FACILITY DESCRIPTION
Please attach the following:
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.
(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).
Section IV - ECONOMIC IMPACT INFORMATION
Part A — Current Investment in Existing Improvements: NA
Part B — Permanent Employment Estimates:
(1) If existing facility, what is the current plant employment: NA
industrial Tax Abatement Application
Page 4
(2) Estimated number of new jobs to be created and time frame for creation of jobs:
Target Job
Positions
YEAR 1 NEW JOBS
Production
Target
of
No. of
Job i
Positions
To Be
Created
-
Target
Annual
Compensation
In U.S. Dollars
Target
Incentive
In U. S.
Dollars
Target Total
Incentives
Li In U. S. Dollars
Production Manager
1
$72,600.00
$ 7,500.00
17,5006 00
Shift Mana er
3
$38,016.00 each
3,000.00
9,000.00
Maintenance
3
$30,412.00 each
3,000.00
900000
Grinding
3
$25,344.00 each
2,500.00
7,500.00
Sales
Business Manager
1
$65,340.00
$ 7,500.00
$ 7,500.00
Administration
Administrative
Coordinator
1
$52,800.00
S 5.000.00
$ 5,000.00
Totals
12
$472,056.00
$28,500.00
$45,500.00
YEAR 2 NEW JOBS
Production
Shift Man er
1
$38,775.00
$3,000.00
$ 3,000.00
Corn Warehouse
Manager
1
382772.00
3,000.00
3,000-00
Maintenance
1
31,020.00
3,000.00
3,000.00
Grinding
1
25 851.00
2,500.00
2,500.00
Laboratory Worker
3
$25,852.00 each
2,500.00
7,500.00
Warehouse
1
31 020.00
3,000.00
3,000.00
Sales
Sales Coordinator
1
$40,392.00
$4,000.00
$ 4,000.00
Sales Assistant
2
$31,020.00 each
3,000.00
6,000.00
Credit & Collection
1
31,020.00
3,000.00
3,000.00
Administrative
Assistant
2
$31,020.00 each
3 000.00
600000
Totals
13 new
$438,486.00 new
$30,000.00
$41,000.00
YEAR. 3 NEW JOBS
Finished Prod.
Warehouse
1(new)
31 644.00 new
ILQ00,00
$3,000.00
Totals
1
$31,644.00
$3,000.00
$3,000.00
(3) Opening of improvements: (Month) January of (Year) 2008.
Part C — Permanent Payroll Estimates:
(1) If existing facility, what is the current plant payroll: SIA
(2) Estimated amount of new payroll: See Part B
Industrial Tax Abatement Application
Page 5
Part D — Construction and Employment Estimates:
(1) Construction start: Month June Year 2007.
(2) Number of construction jobs: At Start Peak Finish
[Pending receipt of information from General Contractor]]
(3) Number of man-years: NA
Part E — School District Impact Estimates:
Give Estimated number of: Families transferred to area 2
Children added to ISD's 4
Part F — City Impact Estimates:
(1) Volume of treated water required from City 211,000 cubic feet per month.
(2) Volume of effluent to be treated by City 130,000 cubic feet per month.
(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. NIA
(4) Has permitting been started? ❑ Yes 1 No
Part G — Estimated Appraised Value on Site:
LAND
Value of Existing Facility
Before New Construction
(From Central Appraisal District) Wending]
Value of New Improvements
Estimated Total Value After
PERSONAL
PROPERTY
$0
$1,658,000.100 _
IMPROVEMENTS
$0
$1,000,000.00
Improvements rPendinal ^$1,658,000.00 $1,000,000.00
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:
Industrial Tax Abatement Application
Page 6
(2) blearing 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.
Gabriel Aaron Rascon Polanco
Printed Name of Company Official
President
Title of Company Official
Industrial Tax Abatement Application
Page 7
Exhibit A: Property Description
WEST 19.00 ACRE TRACT IN
THE WEST HALF OF
SECTION 38, BLOCK D.
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESQUPTION OF AN 18.00 ACRE TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 38, BLOCK D,
LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT TRACT DESCRIBED IN VOLUME 5901, PAGE 319 OF THE OFFICIAL
PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A %" IRON ROD WITH CAP SET FOR THE SOU'I*IWEST CORNER OF THIS TRACT IN ME EAST RIGHT OF WAY LINE
OF COUNTY ROAD. 2400 (OLD AMARILLO HIGHWAY) FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 38 IS CALLED
TO BEAR S 01'05' I0" W A DISTANCE OF 1523.60 FET AND S 88.3349' E A DISTANCE OF 5237.71 FEET
THENCE. N 01'0510" E. ALONG SAID RIGHT OF WAY LWE, A DISTANCE OF 302.42 FEET TO A %" IRON ROD FOUND AT THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2814.60 FEET,
TILEN'CE NORTHEASTERLY, ALONG SAID RIGHT OF WAY LJNE AND SAM CURVE HAVING A CHORD BEARING OF N 6'08'40" E, A
CHORD DISTANCE OF 49633 FEET TO A 'R" IRON ROD FOUND FOR A CORNER OF THIS TRACT;
THENCE N 1 I-IZ'08" E. ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 309.79 FEET TO A V,' IRON ROD WITH CAP FOUND AT
THE BLGRO04G OF A CURVE TO THE LEFT HAVING A RADIUS OF 2914.99 FEET;
THENCE NORTHEASTERLY. ALONG SAID RIGHT OF WAY L.JNC AND SAID CURVE HAVING A CHORD BEARING OF N 10'05'24" 1?, A
CHORD DISTANCE OF 11434 FEET TO A W' IRON ROD WITH CAP SET FOR THE NORTHWEST CORNER OF THIS TRACT IN THE
SOUTHWEST LINE OF A RAILROAD SPUR TRACK:.
THENCE SOUTHEASTERLY, ALONG SAID SOUTHWEST LINE AND A CURVE TO THE LEFT HAVING A RADIUS OF 802.75 FEET AND
A CHORD BEARING OF S 35°00'06" E, A CHORD DISTANCE OF 78.64 FEET TO A '/A` IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRACT;
THDgCE 3 52'11'27" W, ALONG SAID SOUTHWEST LINE, A DISTANCE OF 10.00 FEET TO A %" IRON ROD WITH CAP SET FOR A
CORNER OF THIS TRACT,
THENCE SoU IHEA.YTERLY, ALONG SAID SOUTHWEST LINE AND A CURVE TO THE LET T HAVING A RADIUS OF 812.75 FEET AND
A CHORD BEARING OF S 40°35'08" E, A CHORD DISTANCE OF 78.74 FEET TO A 'h" IRON ROD WITH CAP SET FOR A CORNER OF
THIS TRA(7r.
THENCE S 43'21'44" E, ALONG SAID SOUTHWEST LDIE, A DISTANCE OF 1265.13 FEET TO A 'A" IRON ROD WITH CAP SET AT THE
BEGINNING OF A CURVE TO THE RIGHT RAVING A RADIUS OF 712.75 FEET,
THENCE SOUTHEASTERLY, ALONG SAID SOUTHWEST LINE AND SAID CURVE HAVING A CHORD BEARING OF S 33"59'13" F. A
CHORD DISTANCE OF 232.62 FEET TO A 'r4" IRON ROD WITH CAP SET FOR THE ,SOUTHEAST CORNER OF THIS TRAGI;
THENCE N 88°3344" W A DISTANCE OF 1226.52 FEET TO THE PLACE OF BEGINNING.
1. ROBERT L. SMITH, REGISTERED PROMSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS DESCRIPTION WAS
PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION HEREON REPRESENTS THE FINDINGS
OF THIS SURVEY TO THE BEST OF MYM OWLEDGE AND BELIEF.
SUR V1YED:
DECEMBER 8, 2006
ROBERT L. SMITH
R.P.L.S. 3906
SURVEYOR'S REPORT: VA,
Sit
THIS SURVEY IS SUBJECT TO ANY Y BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
FOUND MONUMENTS ARE ACCEPTED STMUS SURVEYOR AS CONTROLLING EVTD&ICE DUE TO SUBSTANTIAL AGREEMENT
WITH RECORD DOCUI GRM.
BEARINGS ARE RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM, NORTH -CENTRAL ZONE. NAD 83, CITY OF LU30OCK
GEODEITC CONTROL AND AERIAL NETWORK.
Industrial Tax Abatement Application
Page 8
Attachment 1: Letter to the City of Lubbock
MOLINOS ANAHUAC, INC..
March 22, 2007
City of Lubbock
Business Development Department
P.O. Box 2000
1625 13'h Street, Suite 106
Lubbock Texas, 79457
Re: Distribution of Product
To Whom It May Concern:
Pursuant to this letter, Molinos Anahuac, Inc., certifies that fifty percent (50%) or more of the product to be produced at its
pending facility in Lubbock, Texas, will be distributed outside the City of Lubbock and throughout the United States.
Sincere ,
ab aeon Rascon Polanco
e ' nt
olinos Anahuac, Inc.
Industrial Tax Abatement Application
Page 9
(a)
U.
(c)
Attachment 2: General Description of Improvements
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).
New Corn Flour Processing Facility, located on Insurance St., North of the Preston Smith International
Airport, and purchase of manufacturing equipment.
A descriptive list of the improvements for which tax abatement is requested, including:
Three new buildings, (Production, Personnel and Administrative) with about 23,000 square feet.
2. Boiler
$80,000.00
Corn storage
$190,000.00
Scales
$25,000.00
Compressor
$18,.000.00
Corn cooker
$300,000.00
Corn washing machine
$75,000.00
Corn hopper
$18,000.00
Furnace and burner
$35,000.00
Corn mills
$85,000.00
Valves, Pumps, pipes, tools
$50,000-00
Dehydrators
$55,000.00
Fans
$40,000.00
Corn flour storage
$60,000.00
Packing equipment
$220,000.00
Screener
$75,000.00
Multiaspiration equipment
$20,000.00
Compute equipment
$25,000.00
Offices equipment
$14,000.00
Freight elevator
$28,000.00
Electrical equipment
$180,000.00
Laboratory Equipment
$40,000.00
Transport Equipment
$25,000.00
Building:
$1,000,000.00
Total (estimate): $2,658,000.00
A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing
facility.
There is no Tangible Personal property located on this Property at the time.
(d) A proposed time schedule for undertaking and completing the proposed improvements.
The construction of the buildings will begin in June 2007 and will be completed by November 2007
The manufacturing equipment will be installed beginning August 2007 and completed by the end of
December 2007.
Industrial Tax Abatement Application
Page 10
Attachment 3: Site Map
(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.
See Attached
[Fending receipt from arch itecVengineer]
Industrial Tax Abatement Application
Page 14
Attachment 4: Statement of Added Value and Assessed Value
(a) A statement of the additional value to the Real Property or Facility as a result of the proposed improvements.
The additional value is estimated to be $1,000,000.00.
(b) A statement of the assessed value of the Real Property, Facility or Existing Facility for the base year [Pending
receipt of tax assessment for property from the Lubbock Central Appraisal District].
tndustnal Tax Abatement Application
Page 9
Attachment 2: General Description of Improvements
(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).
New Corn Flour Processing Facility, located on Insurance St., North of the Preston Smith International
Airport, and purchase of manufacturing equipment.
(b) A descriptive list of the improvements for which tax abatement is requested, including:
Three new buildings, (Production, Personnel and Administrative) with about 23,000 square feet.
2. Boiler
$80,000.00
Corn storage
$190,000.00
Scales
525,000.00
Compressor
S18,000.00
Corn cooker
$300.000.00
Corn washing machine
$75,000.00
Corn hopper
$18,000.00
Furnace and burner
$35,000.00
Corn mills
$85,000.00
Valves, Pumps, pipes, tools
$50,000.00
Dehydrators
$55,000.00
Fans
$40,000.00
Corn Flour storage
$60,000,00
Packing equipment
$220,000.00
Screener
$75,000.00
Multiaspiration equipment
$20,000.00
Compute equipment
$25,000,00
Offices equipment
$14,000.00
Freight elevator
$28,000.00
Electrical equipment
$180,000.00
Laboratory Equipment
$40,000.00
Transport Equipment
$25,000.00
_Building:_
$1,000,000.00
Total (estimate): $42,658,000.00
(c) A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing
facility.
There is no Tangible Personai property located on this Property at the time.
(d) A proposed time schedule for undertaking and completing the proposed improvements.
The construction of the buildings will begin in June 2007 and will be completed by November 2007
The manufacturing equipment will be installed beginning August 2007 and completed by the end of
December 2007.
Industrial Tax Abatement Application
Page 9
(a)
M
(c)
Attachment 2: General Description of Improvements
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).
New Corn Flour Processing Facility, located on Insurance St., North of the Preston Smith International
Airport, and purchase of manufacturing equipment.
A descriptive list of the improvements for which tax abatement is requested, including:
Three new buildings, (Production, Personnel and Administrative) with about 23,000 square feet.
Boiler
$80,000.00
Corn storage
$190,000.00
Scales
$25,000.00
Compressor
$18,000.00
Corn cooker
$300,000.00
Corn washing machine
$75,000.00
Corn hopper
$18,000.00
Furnace and burner
$35,000.00
Corn mills
$85,000.00
Valves, Pumps, pipes, tools
$50,000.00
Dehydrators
$55,000.00
Fans
$40,000.00
Corn flour storage
$60,000.00
Packing equipment
$220,000.00
Screener
$75,000.00
Multiaspiration equipment
$20,000.00
Compute equipment
$25,000.00
Offices equipment
$14,000.00
Freight elevator
$28,000.00
Electrical equipment
$180,000.00
Laboratory Equipment
$40,000.00
Transport Equipment
$25,000.00
Total (estimate): $1,658,000.00
A list of any and all Tangible Personal Property presently existing on the Real Property or located in an existing
facility.
There is no Tangible Personal property located on this Property at the time
(d) A proposed time schedule for undertaking and completing the proposed improvements.
The construction of the buildings will begin in June 2007 and will be completed by November 2007
The manufacturing equipment will be installed beginning August 2007 and completed by the end of
December 2007.
RECEI'VFD 05/10/2007 08:26 9153514494
10 May 2007 5:44 MOLINOS RNRHURC SR 4173614
Molinos Anahuac, SA de CV (MolncoAna)
Industry C1sssillcatlon: NAICS Code: 311211
Detailed Balance Sheet - Actual and %
Statement Dots
12131/2004
12J3traos
12131!2006
MW the Covered _
12
12
12
Audit Method
Co.Prep'd
Co.Prsp'd..
Co.Prep'd
Accountanl
Analyst
!!Marla M.
Mariv ht
Mama M.
Annual
nu
Source Currwxy. MXP Mwacan Pews
Target Currency: USD United States Dollars
CURRENT ASSETS
Cash
217
6-2
203
6.4
262
7.5
Aects/Ndes Rsc-Trade
728
20.8
716
22A
844
24.2
Aoctw%ldes Rec-Other
84
1.8
22
0.7
25
0-7
Inventory
1.545
44.2
1,275
40.0
1,274
36.5
Taxes Fiaookmble - IVA
106
3.0
98
3.1
169
48
Advances to Suppliers
116
3.154
1.7
T
2.770
792
2M
742
2,571
_
737
NON-CURRENT ASSNS
Land
57
1.8
57
1.8
57
15
Bulldlnps 3 Improvements
2011
5.8
213
6.7
213
6.1
Machinery 8 EquOrlent
226
6.4
394
12.3
587
16.8
Cornputer7Ctanmunication Equipment
23
0.7
20
0.5
25
07
Laboratory Equipment
17
0.5
17
O.5
17
0.9
Fumltlre b FDMju
5
0.1
5
0.2
8
0.2
Transportation Equipment
282
A.1
344
=
_ 358
Groes Fbmd Asesba
812
23.2
1,051
32A
1,265
_j0.9
36.2
Accumulated Deprec ()
88
_LL
351
_1110_
73.2
Total Fixed Assets - Not
524
15.0
700
212
_4.§9
806
231
PrepaidalDeferreds - LTP
162
5.2
104
3.3
96
2.9
Guaranteed Deposits
9
0.2
14
0.4
13
0 4
Otkers 8 Employes c
_ 15
0.4
_ 5
0..2
D, I
TOTAL NON-CURRENT ASSETS
728
20.8
823
25.5
i2
920
26,4
TOTAL ASSETS
39$8
100.0
3 191
100 o
3 490
1 M.0
CURRENT LIABILITIES
ST Loans Payable -Bank
1,153
33.0
677
21.2
943
27.0
Ac+counSsPayable-Trade
462
13.8
671
21.0
Ise
5.9
Accounts Pay -Other
58
1.7
106
3.4
522
15.0
OtherAccruais
16
0.5
9
0.3
-
-
Other Tom Payable
12
03
_ Z
_02
0
�
Total Accrued IJabilities
29
0.8
17
0.5
^
20
0.6
C Jsww Adwanoes
5
-OZ
11
�.
TOTAL CURRENT LIABILITIES
17722
49.2
1,477
46.3
1,692
48.5
TOTAL NOM -CURRENT (JABS
_
TOTALLIMILITIES
1,722
492
1477
46.E
1.692
43.5
NET WORTH
Common Shv*
18'e
6.3
188
5.8
18E
5.3
Retained Earnings
1.590
45.5
1.526
U
13
46.2
TOTAL NET WORTH
1,776
50.8
1,714
53.7
1,799
51.5
TOTAL LIABS S NET WORTH
3,493
100.0
3,191
100.0
3,490
100.4)
Working Capital
1,048
30.0
891
27.9
879
25-2
Tana Net Worth-Acbmt
11.7%)
50 3
1,709 ..
Aa.6
1 7%
51 L5
Notes;
I . Custarner
The rate used to oonvert pesos to dollars is $10.8116 pesos 10 SUS dollar.
Source: Banco de Meoriav
'0"0TrartssftlSnptxFa117871 �1V eoFMfiar'NIWs
PAPW
NRr
r
F:IVI91S ft;x
P.I
Prepared 12.31. +1!17!2007
Paye 1
Th otusands
KM'S Version ilii
Resolution No. 2007-80551
Return to: Rodolfo Mata, P.C. 1112 Montana Ave. El Paso, TX 79902
r GF N 0 0 _ 71 41 F / GW _ DEED 1007031676
a PGs
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: July 16, 2007
Grantor: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE:, INC., d/b/a LEDA, a
Texas non-profit corporation
Grantor's Marling Address (including county):
1500 Broadway, 6th Floor
Lubbock, Lubbock County, Texas 79401
Grantee: MOLINOS ANAH'UAC, INC., a Texas corporation
Grantee's Mailing Address (including county):
Calle Sara Perez de Madero No. 1938
Frace. Francisco I. Madero
Chihuahua 31770
Mexico
Consideration: Ten and No/100 Dollars and other good and valuable consideration
Property (including any improvements):
The SURFACE ONLY to Tract "A", Railport an Addition to the City of Lubbock, Lubbock County,
Texas according to the map, plat and/or dedication decd recorded as document No. M70_a9_59
in the Official Public Records of Lubbock County, Texas
Reservations from Conveyance:
This conveyance is subject to all effective covenants, conditions, restrictions, mineral
reservations, oil, gas and mineral leases, rights-of-way arid easements of record in the records of the
County Clerk of Lubbock County, Texas, and all of those visible or apparent upon the ground, and
in use. This conveyance is also subject to the Declaration of Protective Covenants for Lubbock
Railport recorded at document No. 2007002929 in the Official Public Records of Lubbock County,
Texas and that certain Agreement Regarding Conveyance of Land, Easement, Covenants and
Restrictions and Power of Attorney Coupled with an Interest dated January 12, 2007 and recorded
at document No. 2007002930 in the Official Public Records of Lubbock County, Texas.
�pccal Wanantr Deed • Page I
'.SY.�iMNIsW.4M'LEDAWN[ SASPMN W- DIN 1+"
11
Exceptions to Conveyance and Warranty:
If for any reason, should Grantee, Molinos Anahuac, Inc., or its successors or assigns, choose
to permanently shut its doors, or for a period of ninety (90) days temporarily close the manufacturing
facility to be constructed on the Property, without LEDA's express written approval, at any time
within the first five (S) years of operation, then LEDA or its designee may exercise its exclusive
ninety (90) day option to purchase the Lubbock, Texas, manufacturing facility from Molinos
Anahuac, Inc. However, if the temporary closure is due to force majeure (fire, wind, water, damage
unavailability of raw materials, etc., or other events byoncolinr Ar rt s control a
specifically set forth in the Performance Agreement4niere into a ween ��ie"`p es), EDA w
not have the option to exercise the ninety (90) day option to purchase. The teams for purchase of the
Molinos Anahuac, Inc. manufacturing facility shall be the sum equivalent to the market value of the
property as evidenced by an appraisal by a qualified and certified real estate appraiser in the City of
Lubbock, Texas, including paving, curbs, and outdoor lighting, exclusive of land value OR cost of
construction, whichever is greater, less the subsidized funds received from LEDA. If LEDA does
not exercise its option to purchase the facility from Molinos Anahuac, Inc., then Molinos Anahuac,
Inc. may offer for sale or lease the property without LEDA's approval. If LEDA purchases the
building, Molinos Anahuac, Inc. shall re -convey the Real Property to LEDA. Such sale would not
include any of the equipment, inventory, or other items of personal property and Molinos Anahuac,
Inc, would have the right to remove same from the Property within 120 days of LEDA's purchase.
Grantee shall assume all ad valorem taxes on the herein described real property for 2007 and
subsequent years.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, 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, successors and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors to warrant and forever defend all 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, when the claim is by, through, or under Grantor but not
otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty. When the context requires, singular nouns and pronouns include the plural.
;�acn�l W'arnnly Reed . °ago 2
i 'A.-TiLr.1 <km L:)AV. ACSA.Sgp[.) 'SW IN
LUBBOCYE,jCONOMIC DEVELOPMENT
ALLIANCE INC.. d/b/a
Lawrence, its Chief Executive Officer
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on theday of July, 2007, by Gary C.
Lawrence, Chief Executive Officer and President of Lubbock Economic Development Alliance,
Inc., d/b/a LEDA, a Texas non-profit corporation, on behalf ol-the corporation.
UWA ki DAM"')
win PWc. NOTARY PUBLIC, STATE OF TEXAS
Ihij CanrnlruE�tw 1.5 �
AFTER RECORDING RETURN TO;
Rodolfo Mata
Rodolfo Mata, P.C.
I 112 Montana Avenue
El Paso, Texas 79902
915.613.0780
Symai Wzaaah Dccd - Page ]
� n+e:'Tr Af 1C111"DAWACf%-11F Worm. Dm "
FILED AND RECORDED
y OFFICIAL PUBLIC RECORDS
ti t
Kelly Pinion, County Clerk
Lubbock County TEXAS
August 03, 2807 04.01:12 PM n p
FEE: i19.0b 1�01�MI