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HomeMy WebLinkAboutResolution - 2006-R0545 - Amend Tax Abatement Agreement -Bemove Ltd & Module Truck Systems Inc -E 50Th St - 11/09/2006Resolution No. 2006-80545 November 9, 2006 Item No. 6.5 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to amend a Tax Abatement Agreement with BeMove, Ltd. and Module Truck Systems, 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 amendment 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 amend a Tax Abatement Agreement with BeMove, Ltd. and Module Truck Systems, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on 2008 and 2010 East 50th Street, Tract C-1, Breedlove Addition, in the City of Lubbock, Lubbock County, Texas, which is further described in Exhibit "A-1" attached hereto and incorporated herein as if fully set forth. Passed by the City Council this 9th day of November 2006. DAVID MILLER, MAYOR A TEST: fe"bee—ca Garza, City Secretary APPRO D S CONTENT: Rob Afflison Assistant City Manager Development Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section EXHIBIT "A" Resolution No. 2006-80545 NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO AMEND AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED AT 2008 AND 2010 E. 50TH STREET 'WHICH IS TRACT C-1, BREEDLOVE ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED IN THE ATTACHED EXHIBIT 6GA-1" Notice is hereby given that the City Council of the City of Lubbock intends to amend an Agreement with BeMove, Ltd. and Module Truck Systems, Inc. to abate taxes on improvements to real property and tangible personal property located within the Lubbock 2000 South Enterprise Zone created by Ordinance No. 2000-00032 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute an amendment to the contract between the City and BeMove, Ltd. and Module Truck Systems, Inc. for tax abatement, a draft copy of said Amendment is attached to this notice as Exhibit "A-2" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13th Street, City of Lubbock, on the 21St day of November, at approximately 9:30 o'clock a.m. Resolution No. 2006-R0545 Exhibit "A-1" Module Truck Systems Plat Map Tract C-1 Breedlove Addition to the City of Lubbock, Lubbock County, Texas '07, 1 i j4w5iEgHrS L-' 19 &&*A Awg/'EIGYTS WL -IOV - BROKW AL 14 11 16 17 11 19 �-U VW SM &OLW8. a-Uf;-CR4a%rAN Avr PL i= Exhibit "A-2" STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AMENDMENT TO TAX ABATEMENT AGREEMENT This Agreement is entered into by the CITY OF LUBBOCK (referred to herein as "City"), a Home Rule Municipality of Lubbock County, Texas, BeMove, Ltd., a Texas limited partnership (hereinafter called "BeMove") and Module Truck Systems, Inc. (referred to herein as "MTS"). WITNESSETH: WHEREAS, City, BeMove, and MTS executed a Tax Abatement Agreement on the 9th day of June, 2005, granting a five year declining scale tax abatement; and WHEREAS, City, BeMove, and MTS desire to amend the terms of the Agreement by incorporating a new Lease Agreement and amending the property description to exclude a portion of the unimproved real property that has been sold to another party; NOW THEREFORE, City, BeMove, and MTS agree to the following amendments: A. Exhibit "A", the Lease Agreement between BeMove, Ltd. And Module Truck System, Inc. relating to 1802 East 50th Street (portion), which was incorporated into the Tax Abatement Agreement, is hereby replaced by the attached Amended Lease Agreement between BeMove, Ltd. And Module Truck System, Inc relating to 2008 and 2010 East 50th Street (Tract C-1, Breedlove Addition) labeled Exhibit "A" which is incorporated into the Amended Agreement as if fully set forth herein. B. Exhibit "B", the map and description of the property which was the subject of the tax abatement, is hereby replaced by the attached amended Exhibit `B" which includes the amended map and the description of the property which Amendment to Module Truck Systems Tax Abatement Agreement includes the area covered by the amended lease and excludes the portion sold by BeMove to another party. Executed this day of CITY OF LUBBOCK DAVID A. MILLER, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Rob n, s ' City Manager Business Services APPROVED AS TO FORM: Linda Chamales, Senior Attorney—Office Practice LC: cityatt/Linda/Amendment to MTS Tax Abatement Agreement September 28, 2006 2006. MODULVFV(JCK SYSTEMS, INC. ti W l 1e BEMOVE, LTD By: "(,- ot"-- DOUGL&B. ALLEN, MANAGING DIRECTOR Amendment to Module Truck Systems Tax Abatement Agreement Page 2 Exhibit "A" LEASE AMENDMENT This Lease Amendment (the "Amendment") is executed as of the 308 day of October, 2006 (the "Execution Date") by BEMOVE, LTD., a Texas limited partnership ("Landlord") and MODULE TRUCK SYSTEMS, INC., a Texas corporation ("Tenant"). PREAMBLE This Amendment is executed with respect to the following facts, intentions and understandings: A. By Lease Agreement (the "Lease") dated November .2f 44, 2004, Landlord leased to Tenant and Tenant leased from Landlord certain premises (the "Leased Premises") located at 1802 East 50th Street, Lubbock, Lubbock County, Texas. Reference to the Lease is here made for all purposes. B. Landlord desires to subdivide and plat the larger tract of which the Leased Premises are a part and, in connection with such subdivision and platting, Landlord and Tenant desire to amend the Lease to describe the Leased Premises with reference to the final plat. AGREEMENT In consideration of the facts, intentions and understandings set forth in the Preamble and other valuable consideration each to the other in hand paid, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby amend the Lease so that from and after the Execution Date any and all references to the Leased Premises in the Lease shall be deemed to refer to Tract C-1, Breedlove Addition to the City of Lubbock, Lubbock County, Texas and the unplatted portion of the original Leased Premises which is located tWmhle�-cXWR=ed Eu. -Le Wl lww%v Law An=Khn 2-"d immediately East of said Tract C-1. As so amended, Landlord and Tenant hereby ratify and affirm the Lease and declare the same to be in full force and effect. EXECUTED as of the Execution Date. LANDLORD: BEMOVE, LTD., a Texas limited partnership By. BEMOVE GP, L.L.C., a Texas limited Iia 'ty company, General Partner By:0aXJ--,& 4 A&�- Douglas B. A 4en, Authorized Member TENANT: MODULE TRUCK SYSTEMS, INC., a Texas corporation By: Printed Nance: .S�' Title: ,v+, 2 1XKathkvnlkalhkaq_cSWRR\RedEn.d.'asnU3m wIA*uAnewhnmd.wpa Resolution No. 2006-RO545 Exhibit `B" Module Truck Systems Plat Map Tract C-1 Breedlove Addition to the City of Lubbock, Lubbock County, Texas LOT! &OWC,, a4WS,16VHrs NEL 5QV -6FOOW at oa(- -Aws h' -/L r rs sY,.V.YT+CYV 's `9 '� :� ,.r !a ;s !s ;s ,e r9 <ro W 5h 5Tf8E'T n Q OOr 8. CLUTTER AMTA * !4 5 !6 +40T FLATTED Page 1 of 1 Linda Hart - Fwd: Notice of Intent: MTS, LITS and Teinert From: Becky Garza To: Linda Hart��— Date, 11/15/2006 5:16:08 PM Subject: Fwd: Notice of Intent: MTS, VTS and Teinert CC: Tommy Combs Linda, Please file with the applicable documents. Thanks, bg >>> Cheryl Brock 11/15/2006 9:05eoc > Becky, I sent the Notice of Intent oVTS and Teinert Metals to the County, LISD, High Plains Underground Water District, and LuCounty Hospital District on November 10, 2006. Thanks, cheryl Cheryl Brock City of Lubbock/Business Development P© Box 2000 1625 13th Street Lubbock, TX 79457 806.775.2019 cbrock@mylubbock.us