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HomeMy WebLinkAboutResolution - 5142 - Notice Of Intent - Plains Co-Op Oil Mill Inc - Tax Abatement Agreement - 03/14/1996Resolution No. 5142 March 14, 1996 Item # 51 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with Plains Cooperative Oil Mill, Inc. WHEREAS, V.T.C.A., Tax Code, Section 312.2041 requires notice of the intent of 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 THEREFORE: 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 City Council to enter into a Tax Abatement Agreement with Plains Cooperative Oil Mill, Inc., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located in City of Lubbock, Lubbock County, Texas, and further described as follows: METES AND BOUNDS DESCRIPTION of a 189.92 acre tract of land out of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 112" iron rod and cap set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 89°58'50" West, 38.08 feet and bears South 00001'20" West, 90.00 feet; THENCE North 00°01'20" East, 2467.19 feet to a 1/2" iron rod and cap, set for the Northwest corner of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 1/2" iron rod and cap, set for a corner of this tract; I THENCE South 32°51'08" East, 567.13 feet to a 112" iron rod and cap, set for a comer of this tract; THENCE South 71°20'52" East, 658.94 feet to a 112" iron rod and cap, set for a corner of this tract; THENCE South 65°27'54" East, 694.18 feet to a 1/2" iron rod and cap, set in the West R.O.W. line of Loop 289 for a corner of this tract; THENCE South 00°24'00" West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a corner of this tract; THENCE South 00°23'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 07'51'16" West, 439.49 feet to a 112" iron rod and cap, set for a P.C. of a curve to the right; 15 q 2 - THENCE Southwesterly, along the arc of said curve, an arc distance of 308.32 feet to a 1/2" iron rod and cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48°56'16" West, 282.57 feet; i THENCE South 00'16'05" West, 10.05 feet to a 112" iron rod and cap, set for a corner of this tract; I THENCE North 89°58'50" West, 3462.88 feet to the PLACE OF BEGINNING. I' AND Lot 1A and Lot 4, Plains Cooperative Oil Mill Addition, City of Lubbock, Lubbock County, Texas. Passed by the City Council this 14th day of March , 1996. ATTEST: Betty M. Johnso4, City Secretary APPROVED AS TO CONTENT: Development / APPROVED AS TO FORM: 42d . Vandiver, first Assistant ity Attorney DGV:js/PCOM-TA.RES ccdocs/March 6, 1996 ii I'. Resolution No. 5142 March 14, 1996 Item # 51 NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED IN SECTION 1, BLOCK B, T.T.R.R. CO SURVEY, LUBBOCK COUNTY, TEXAS AND LOT IA AND LOT 4, PLAINS COOPERATIVE OIL MILL ADDITION (BEING FURTHER DESCRIBED BY METES AND BOUNDS) CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS METES AND BOUNDS DESCRIPTION of a 189.92 acre tract of land out of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas, and being more particularly described as follows: BEGINNING at a 112" iron rod and cap set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 89°58'50" West, 38.08 feet and bears South 00°01'20" West, 90.00 feet; THENCE North 00°01'20" East, 2467.19 feet to a 112" iron rod and cap, set for the Northwest corner of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 112" iron rod and cap, set for a corner of this tract; THENCE South 32°51'08" East, 567.13 feet to a 112" iron rod and cap, set for a corner of this tract; THENCE South 71'20'52" East, 658.94 feet to a 112" iron rod and cap, set for a corner of this tract; THENCE South 65027'54" East, 694.18 feet to a 112" iron rod and cap, set in the West R.O.W. line of Loop 289 for a corner of this tract; THENCE South 00°24'00' West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a corner of this tract; THENCE South 00°23'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a corner of this tract; .I THENCE South 07°51'16" West, 439.49 feet to a 112" iron rod and cap, set for a P.C. of a curve to the right; THENCE Southwesterly, along the arc of said curve, an arc distance of 308.32 feet to a 112" iron rod and cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48°56'16" West, 282.57 feet; THENCE South 00°16'05" West, 10.05 feet to a 1/2" iron rod and cap, set for a corner of this tract; THENCE North 89°58'50" West, 3462.88 feet to the PLACE OF BEGINNING. AND Lot IA and Lot 4, Plains Cooperative Oil Mill Addition, 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 Plains Cooperative Oil Mill, Inc. to abate taxes on improvements to property and tangible property located within an enterprise zone created by Ordinance No. 9591 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 a contract between the City and with Plains Cooperative Oil Mill, Inc. for tax abatement, a copy of said Agreement is attached to this Notice as Exhibit "A" and made a part hereof for all purposes. Notice is further given that the City Council shall consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13th Street, City of Lubbock, on the 14th day of March , 1996, at 10:00 o'clock a m. PCOM -NOIRES ccdocs}March 5, 1996 EXHIBIT "A" STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made this day of 1996, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and Plains Cooperative Oil Mill, Inc. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the—OIL day of EgbruW3�, 1996, an application for tax abatement for a two-part project which includes: Part A, the construction of a new facility at 50th and Guava, which is further described as a 189.92 acre tract of land out of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" Iron Rod and Cap set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 89°58'50" West, 38.08 feet and bears South 00001'20" West, 90.00 feet; THENCE North 00"01'29' East, 2467.19 feet to a 1/2" Iron Rod and Cap, set for the Northwest comer of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 1/2" Iron Rod and Cap, set for a corner of this tract; THENCE South 32°51'08" East, 567.13 feet to a 1/2" Iron Rod and Cap, set for a corner of this tract; THENCE South 71°20'52" East, 658.94 feet to a 1/2" Iron Rod and Cap, set for a comer of this tract; THENCE South 65°27'54" East, 694.18 feet to a 1/2" Iron Rod and Cap, set in the West R.O.W. line of Loop 289 for a corner of this tract; THENCE South 00°24'00" West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 00°23'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a corner of this tract; THENCE South 07°51' Ib" West, 439.49 feet to a 112" Iron Rod and Cap, set for a P.C. of a curve to the right; THENCE Southwesterly, along the arc of said curve, an arc distance of 308.32 feet to a 112" Iron Rod and Cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48'56'16" West, 282.57 feet; THENCE South 00°16'05" West, 10.05 feet to a 1/2" Iron Rod and Cap, set for a corner of this tract; THENCE North 89°58'50" West, 3462.88 feet to the Place of Beginning. and Part B, expansion of the existing manufacturing facility located at 2901 Avenue A, which is further described as Lot IA and Lot 4, Plains Cooperative Oil Mill Addition, City of Lubbock, Lubbock County, Texas; and WHEREAS, upon review of the above application it was determined that the facilities will be located in the South Enterprise Zone designated by the City in Ordinance No, 9591 covering the above described property; and WHEREAS, the Guidelines and Criteria for Tax Abatement within the jurisdictions of the taxing units of Lubbock County was heretofore adopted by Resolution No. 4973 of the City Council of the City of Lubbock; 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 of the criteria and guidelines as set forth in the Guidelines and Criteria governing Tax Abatement for all taxing units contained within Lubbock County, said guidelines having been adopted by Resolution No. 4973 of the City on September 28, 1995, and WHEREAS, the City did thereafter pass Ordinance No. 9591 creating an enter- prise zone for commercial and industrial tax abatement, said zone including a 189.92 acre tract of land out of Section 1, Block B, T. T. R. R Co. Survey, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" Iron Rod and Cap set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 89058'50" West, 38.08 feet and bears South 00001'20" West, 90.00 feet; AGREEMENT —PLAINS COOPERATIVE OIL MILL, INC. PAGE 2 THENCE North 00°01'20" East, 2467.19 feet to a 1/2" Iron Rod and Cap, set for the Northwest corner of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 112" Iron Rod and Cap, set for a corner of this tract, THENCE South 32°51'08" East, 567.13 feet to a 1/2" Iron Rod and Cap, set for a comer of this tract; THENCE South 71°20'52" East, 658.94 feet to a 1/2" Iron Rod and Cap, set for a comer of this tract; THENCE South 65°27'54" East, 694.18 feet to a 1/2" Iron Rod and Cap, set in the West R.O.W. line of Loop 289 for a comer of this tract; THENCE South 00°24'00" West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.Q.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 00°23'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 07°51' 16" West, 439.49 feet to a 1/'2" Iron Rod and Cap, set for a P.C. of a curve to the right; THENCE Southwesterly, along the arc of said curve, an arc distance of 308.32 feet to a 1/2" Iron Rod and Cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48'56'16" West, 282.57 feet; THENCE South 00'16'05" West, 10.05 feet to a 1/2" Iron Rod and Cap, set for a corner of this tract; THENCE North 89°58'50" West, 3462.88 feet to the Place of Beginning. and Lot IA and Lot 4, Plains Cooperative Oil Mill Addition, City of Lubbock, Lubbock County, Texas; and WHEREAS, V.A.T.C., Tax Code, Sec. 312.2011 provides that designation as an enterprise zone constitutes designation as a reinvestment zone without further action; and WHEREAS, the application received by City from Company is an application for the construction of a new facility and the expansion of the existing manufacturing facility; and AGREEMENT --PLAINS COOPERATIVE OIL MILL, INC. PAGE 3 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 all taxing units contained within Lubbock County adopted by the City Council by Resolution No. 4973 does recognize construction of a new facility and expansion of existing facilities as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Cri- teria governing tax abatement for all taxing units contained within Lubbock County, as adopted by Resolution No. 4973, have been met by Company; and WHEREAS, Company does intend to construct a new manufacturing facility and expand an existing manufacturing facility; 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 WHEREAS, the City Council finds that entering into this Agreement to abate taxes on the property described in Exhibit "A" will create new jobs within the City and enhance economic development within the enterprise zone; 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. Ttilut. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution 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, other than the tract described as Part A, which is owned by the City of Lubbock, and which is the subject of this Agreement, shall be 1995, 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, other than the tract described as Part A, which is owned by the City of Lubbock, 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 other than the tract described as Part A, which is owned by the AGREEMENT —PLAINS COOPERATIVE OIL MILL, INC. PAGE 4 City of Lubbock, 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. To the extent permitted by law and in view of Company's option to purchase the tract described as Part A, hereto owned by the City of Lubbock, only such improvements shall be abated. The base year amount of such improvements shall be deemed to be zero. If the Company should exercise the option to purchase said tract described as Part A prior to end of term of this agreement, the base year on real property shall be 1996. SECTION 6. Prosy Inelialt for Tax Abatement. The property described and set forth in Section W(5) of the Guidelines and Criteria Governing Tax Abatement for all taxing units contained within Lubbock County and heretofore adopted by the City Council by Resolution No. 4973 is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. SECTION 7. EXemntion 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 a 189.92 acre tract of land out of Section 1, Block B, T. T. R_ R. Co. Survey, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 1/2" Iron Rod and Cap set for the Southwest and beginning corner of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 891058750" West, 38.08 feet and bears South 00°01'20" West, 90.00 feet; THENCE North 00°01'20" East, 2467.19 feet to a 1/2" Iron Rod and Cap, set for the Northwest corner of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 112" Iron Rod and Cap, set for a corner of this tract; THENCE South 32°5'1'08" East, 567.13 feet to a 112" iron Rod and Cap, set for a corner of this tract; THENCE South 71°20'52" East, 658.94 feet to a 112" Iron Rod and Cap, set for a corner of this tract; THENCE South 65°27'54" East, 694.18 feet to a 112" Iron Rod and Cap, set in the West R.O.W. line of Loop 289 for a corner of this tract; AGREEMENT —PLAINS COOPERATIVE OIL MILL, INC. PAGE 5 THENCE South 00°24'00" West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 00'23'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 07°51' 16" West, 439.49 feet to a 112" Iron Rod and Cap, set for a P.C. of a curve to the right; THENCE Southwesterly, along the arc of said curve, an arc distance of 308.32 feet to a 1/2" Iron Rod and Cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48'56'16" West, 282.57 feet; THENCE South 00°16'05" West, 10.05 feet to a 1/2" Iron Rod and Cap, set for a corner of this tract; THENCE North 89°58'50" West, 3462.88 feet to the Place of Beginning. and Lot 1A and Lot 4, Plains Cooperative Oil Mill Addition, City of Lubbock, Lubbock County, Texas;, which proposed improvements are set forth in a plat of the above tracts of land, attached hereto as Exhibit "A" and Exhibit "B" and made a part hereof. (b) AU eligible tangible personal property placed in or upon the property set forth in Exhibit "A" and Exhibit "B". (c) It is further understood that all items affixed to the new improvements placed upon the real property identified in Exhibit "A" and Exhibit "B" 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 8. Economic Qualification. It is hereby found by the City that Com- pany will expend funds in excess of the funds necessary to qualify for tax abatement by constructing a new manufacturing facility and expanding an existing manufacturing facility and further that the Company will create new jobs in excess of the percentage required for tax abatement, all as set forth in Section IV(9)(a & b) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 4973. SECTION 9. Value of Improvements. Company intends to expend approximately three million ($3,000,000) dollars in constructing a new manufacturing facility and thirteen million ($13,000,000) in equipment in Part A of the project, and five hundred thousand ($500,000) dollars in structural related improvements and three million AGREEMENT —PLAINS COOPERATIVE OIL MILL, INC. PAGE 6 five hundred thousand ($3,500,000) in equipment in Part B of the project, to be located within the enterprise zone created by Ordinance No. 9591. SECTION 10. Creation of New Jobs. Company agrees within twelve (24) months from the date of execution of this Agreement that it will create thirty-five (35) full-time equivalent new jobs within the Company plant located at 50th and (guava, which is further described as a 189.92 acre tract of land out of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a 112" Iron Rod and Cap set for the Southwest and beginning comer of this tract, whence the Southwest corner of Section 1, Block B, T. T. R. R. Co. Survey, Lubbock County, Texas bears North 89°58'50" West, 38.08 feet and bears South 00°01'20" West, 90.00 feet; THENCE North 00°01'20" East, 2467.19 feet to a 1/2" Iron Rod and Cap, set for the Northwest corner of this tract; THENCE North 89°33'58" East, 2177.78 feet to a 1/2" Iron Rod and Cap, set for a comer of this tract; THENCE South 32°51'08" East, 567.13 feet to a 112" Iron Rod and Cap, set for a comer of this tract; THENCE South 71°20'52" East, 658.94 feet to a 112" Iron Rod and Cap, set for a comer of this tract; THENCE South 65°27'54" East, 694.18 feet to a 112" Iron Rod and Cap, set in the West R.O.W. line of Loop 289 for a corner of this tract; THENCE South 00°24'00" West, along the West R.O.W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 00°23'53" West, along the West R.O.W. line of said Loop 289, 509.38 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 07°51' 16" West, 439.49 feet to a 1/2" Iron Rod and Cap, set for a P.C. of a curve to the right; THENCE Southwesterly, along the arc of said curve, an are distance of 308.32 feet to a 1/2" Iron Rod and Cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48'56'16' West, 282.57 feet; THENCE South 00°16'05" West, 10.05 feet to a 1/2" iron Rod and Cap, set for a corner of this tract; AGREEMENT --PLAINS COOPERATIVE OIL MILL, INC. PAGE 7 THENCE North 89°58'50" West, 3462.88 feet to the Place of Beginning. and 2901 Avenue A, which is further described as Lot I and Lot 4, Plains Cooperative Oil Mill Addition, City of Lubbock, Lubbock County, Texas; and use its best efforts to maintain a minimum of two hundred and eleven (211) .jobs during the term of this Agreement. SECTION 11. City &cess to Prop. Company covenants and agrees 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 to insure that the improvements are being made in accordance with the terms and conditions of Company's application for tax abatement and this Agreement. SECTION 12. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate 100 percent of taxes on eligible property. SECTION 13. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth, and shall expire ten (10) years after such date. SECTION 14. Tvc�e��provements. The Company proposes construct a new manufacturing facility and expand an existing manufacturing facility as described in Exhibit "A" and Exhibit "B". The Company further states that the proposed improvements to the property above mentioned shall commence on the 15th day of February, 1996, and shall be completed within approximately twelve (12) months from said date. The 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. SECTION 15. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 16. Limitation on �J_ ce. Company agrees to limit the use of the prop- erty set forth in Exhibit "A" and "B" 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 17. Recapture The 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 Com- pany as set forth in Guidelines and Criteria for Tax Abatement adopted by Resolution No. 4973 of the City Council of the City of Lubbock. AGREEMENT --PLAINS COOPERATIVE OIL MII.L, INC. PAGE 8 SECTION 18. Certification. The Company agrees to certify annually to the governing body of each taxing unit that the owner is in compliance with the terms of the Agreement. SECTION 19. Compliance. The City may cancel or modify this Agreement if the Company fails to comply with the Agreement. SECTION 20. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses; CITY OF LUBBOCK Plains Cooperative Oil Mill, Inc. City Manager Wayne Martin P.O. Box 2000 P. O. Box 841 Lubbock, Texas 79457 Lubbock, Texas 79408-0841 AGREEMENT --PLAINS COOPERATIVE OIL MILL, INC. PAGE 9 SECTION 21. 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 day of PLAINS COOPERATIVE OIL MILL, INC. Mf GENERAL AGER A ST: 1� Secretary J$/CH/rnc:P1amsTA.doc February 27, 1996 '199—. CITY OF LUBBOCK A Municipal Corporation DAVID R. LANGSTON, MAYOR ATTEST: Betty Johnson, City Secretary .APPROVED S TO CONTENT: oel Beesinger Interim Director of Bsiness Development APPROVED A TO FORINT: �/'/ —( �& V� iA, IRE 66_Van'ver Assistant City Attorney AGREEMENT --PLAINS COOPERATIVE OIL MILL, INC. PAGE 10 EXHIBIT "A" Page I of 4 SECTION III - PART A (a) The new facility will consist of a 504 ton per day oil mill and seed storage for 200,000 tons. (b) I . Office Building 2. Scales 3. Maintenance Building 4. Hull Load and Storage 5. 2 - Seed Dumps and Elevators 6. Seed Storage and Handling Equipment 7. Cleaning Building and Equipment 8. Lint & Huller Building and Equipment 9. Preparation Building and Equipment 10. Solvent Plant and Equipment 11. Boiler Building and Boiler 12. Sifting and Grinding and Equipment 13. Meal Load Out Building and Equipment 14. Oil Load Out Building and Equipment 15. Oil Tank Storage Area 16. Cooling Tower 17. Filter 18. 2 - Bale Presses 19. Miscellaneous Office Equipment and Supplies (c) N/A (d) See Attached Site Map (e) N/A (f) The Proposed Schedule for completing the project is early 1997. (g) This is construction of a new facility as described in item (a). (h) The proposed 500 ton per day oil mill should cost approximately $16 million. (i) N/A 35 xw'' (�) The new facility should create �d new jobs. EXHIBIT "A" Page 2 of 4 WILSON SURVEYING CO., INC. 3330 - 70TH STREET, SUITE 201 LUBBOCK, TEXAS 79413 (806) 7924731 JANUARY 26, 1996 FLELD NOTES on a 189 92 acre tract of land out of Section 1, Block B. T. T. R_ R Co. Survey, Lubbock County, Texas and being more particularly described as follows: BEGMNING at a 112" Iron Rod and Cap set for the Southwest and beginning corner of this tract, wince the Southwest ower of Section 1. Block B, T. T. R. R Co. Survey, Lubbock County, Texas bears North 89'58'50" West, 38.08 feet and bears South 00°0120" West, 90.00 feet'- THENCE eet; THENCE North 00001'20" East, 2467.19 fest to a 112' Iron Rod and Cap, set for the Northwest corner of this tract, THENCE North 89°33'58" East, 2177.78 feet to a 112' Iron Rod and Cap, set for a comer of this tract; THENCE South 32`51'08" East, 567.13 feet to a 112' Iron Rod and Cap, set for a corner of this tract; THENCE South 7192Y52* East, 658.94 feet to a 112' Iron Rod and Cap, set for a corner of this tract; THENCE South 65°2754' East, 694.18 feta to a 112' Iron Rod and Cap, set in the West R_0 W. line of Loop 289 for a corner of this tract; TE ENCE South 00°24500' West, along the West R_O_W. line of said Loop 289, 369.03 feet to a R.O.W. monument found in the West line of Loop 289 for a comer of this tract; THENCE South 00°23'53' West, along the West R_O.W. line of said Loop 289, 509.38 feet to a R-O.W. monument found in the West line of Loop 289 for a corner of this tract; THENCE South 07°51'16' West, 439.49 feet to a 112' Iron Rod and Cap, set for a P C. of a curve to the right, PAGE -I- EXHIBIT "A" Page 3 of 4 THENCE Southwwcrly, along the arc of said curve, an arc distance of 308 32 fees to a tl24 Iron Read and Cap, set for the P.T. of said curve, said curve has a radius of 215.00 feet and a chord that bears South 48' 5616' West, 282 57 feet; THENCE South 00' 16'05" West, 10.05 feet to a 112" Iron. Rod and Cap, set for a cocmr of this tract; THENCE North 89058'50' West, 3462.88 fat to the Place of Beginning. CONTALNLNG 189.92 acres. CERTIFIED CORRECT REGI PROFESSIONAL LAND SURVEYOR PAGE-2- ...... ...... --------- ...... ...... ...... ...... ...... ------...... ...... ...... ------------- | / | / m }purmow CT � |run" mmmmftft o | / pom | | ^ ( / �~~ | � /—PREVAILING wwos rAnw nuAo 835 --------------------------------------- ---- | '- CALL[D wuxm , \ � \� ~. � ^~ � - `^ �~ y ^ | ~ �~ EXHIBIT "B" Page 1 of 9 SECTION IIT - PART B (a) Plains Cooperative Oil Mill, Inc., will add to its existing facility at 2901 Avenue A - a winterization process and bottling operation. (b) 1. Winterization Process Equipment 2. Oil Tanks 3. BuildingfWinterization 4. Bottling Line Equipment 5. Bottling Line (c) See Site Map Attachment A - Improvement to existing property (d) See Site Map Attachment B - Include all the tangible and real property located at existing facility. (e) Cottonseed Cottonseed Meal Cottonseed Hulls Cottonseed Oil Cottonseed Linters Supply Parts Pickups Dump Trucks Loaders Forklifts Processing Equipment Miscellaneous Office Equipment and Supplies (f) The expansion should be completed in 12 months. (g) The proposed improvements is an expansion of the facility. (h) The proposed new winterization process, tank faun, bottling and bottling warehouse; Cost is approximately $4 million (i) Plains Cooperative Oil Mill, Inc., 2901 Avenue A facility is valued at $29,853,749 and a copy of the 1995 tax statement is attached. 0) The new facility should not create any new jobs. HET41lq THIS V4JHl1+J14 huh' IL'Uli MLtvhU� 1995 TAX STATEMENT VALUATION BREAKDOWN STATEMENTNO. PROPERTY :R55156 WHEELOCK 2ND BLK 63 TR A-1 161650 PLAINS C©—OP OIL MILL INC PO BOX 1889 LUBBOCK, TX 79408 TAX CEILIM (IN OVER 65 HOMESTEAD IF YOU HAVE QUESTIONS PLEASE CALL (806) 762-5000. TAXES BECOME DELINQUENT ON FEBRUARY I. AFTER JUNE AN ADDITIONAL PENALTY OF 15% MAY BE IMPOSED ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL 1% PENALTY AND INTEREST WILL BE APPLI qtr N,Ia "' koet. 17 ATH Pur Ar Dopt. Hua i/ Due D&ire 1995 TAX STATEMENT VALUATION BREAKDOWN 1� 01 93,5151 0 0 0 451 1 93,966 IF TAXES LESS I-) DISCOUNT TOTAL ARE OR PLUS I.) TAX DUE PAID IM PENALTY/INTEREST PROPERTY :851226 WHECLOCK 2ND 91 PT OF BLKS 84-85& 95 & CLOSED - m DEC 0% 04 ST W H H Vi 162461 PLAINS CO-OP OIL MILLS INC '° PO BOX 1889 MAY 13% 284.8H 2-475.L LUBBOCK, TX 19408 vawkr OVER 55 HOMESTEAD � �D IF YOU HAVE QUESTIONS PLEASE CALL (806) 7625000. Dt.Iro. TAXES BECOME DELINQUENT ON FEBRUARY I. DA'rT 2 AFTER ,TUNE AN ADDITIONAL PENALTY OF 15% MAY BE IMPOSED Pur ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL 1% PENALTY AND INTEREST WILL BE APPLIEDDopt. 11,uad _ 11his D� ;11 ter 1 1995 TAX STATEMENT VALUATION BREAKDOWN STATEWNT NO. L liU i 0 0 01 01 0 01 23,111,700 TOTAL TAXABLE TAX TA% JURISDICTION ASSESSED EXEMPTIONS VALUE RATE APOW ** TAXES REDUCED BY ADDITIONAL SALES TAX (COUNTY: $35800.02, CITY: $10261.59) ?ROFLRTY :P56922 FFM & E /INVENTORY W/VEHICLE 161650 PLAINS CO-OP OIL MILL INC PO BOX 1889 LUBBOCK, TX 79408 MONT 1 O m1W Vendor N /A"c TT OVER 66 NO*STEAD IF YOU HAVE QUESTIONS PLEASE CALL (806) 762►5000: TAXES BECOME DELINQUENT ON FEBRUARY 1. AFTER JUNE AN ADDITIONAL PENALTY OF 15X MAY BE IMPOSED ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL 1% PENALTY AND INTEREST WILL BE APPLI 01 1995 TAX STATEMENT VALUATION BREAKDOWN STATEMENT NO. 01 1,349,9551 ol ol 01 4,456,600 5,805,555 PROPERTY :8114953 PLAINS CO-OPERATIVE OIL MILL L 1A & 3 LESS 223.6X290.11'& 4 55408 PLAINS CO OP OIL MILL INC PO BOX 841 LUBBOCK, TX 79408-0841 1 17611 dor.---rAX CEILING ON Ird�f OVER 68 HOMESTEAD IF YOU HAVE QUESTIONS PLEASE CALL (806) 762-5000. TAXES BECOME DELINQUENT ON FEBRUARY 1. AFTER ,TUNE AN ADDITIONAL PENALTY OF 15% MAY BE IMPOSED I Tl..w. ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL 1% PENALTY AND INTEREST WILL BE APPL " , . I I(%I ,. t r vn rwun 11 ,Imo. nL::1 1995 TAX STATEMENT VALUATION BREAKDOWN STATEMENT 01 372,855 O 01 0 411,229 1 784,084 r ::1 10 MF'1:' 1 :' 1:' °M 1 519EIPINNI 1 ::1 m 1:' 1 :' 1:' 1 M.-- ' ' '• 1 a r :'We R, 1mm.-1:' 1 1li:' �{ :• TAXES REDUCED ADDITIONAL S' ' 1 IF TAXES LESS (-) DISCOUNT MAL ARE IOR pm 1+f TAX DUE PAID IN PENALTY/IMT€REST PROPERTY :n""119161 PLAINS " b CO-OPERATIVE OIL MILL E/PT OF NU 0.00 18.281,7C L 2& CORONADO BLK 35 L 1 LESS" a 35X25 ON NORTH SIDE FEB 7% 0 MAR 9% 1.645.35 161650 PLAINS CO-OP OIL MILL INC PO BOX 1889 LUBBOCK, TX 79408JUN 15% 2.742.26 TAI CEILING ON OYER 66 NOWITEAD QaIIdUI` N IF YOU HAVE QUESTIONS PLEASE CALL (806) 762-5 TAXES BECOME flELINQUEN7 ON FEBRUARY 1. L r �� AFTER JUNE AN ADDITIONAL PENALTY OF 15% MAY BE IMPOSED ON THE AMOUNT OF TAXES, PENALTY AND INTEREST DUE. F1. AFTER JULY AN ADDITIONAL It PENALTY AND INTEREST WILL BE APPLIED UoDt a ,.,� 1995 TAX STATEMENT VALUATION BREAKDOWN LAND -WS i 0 32,441 0 0 TDTAL EXEMPTIONS JURISDICTION ASSESSED ST ENENT N0. 01 24,510 TAXABLE TAX VALUE RATE ** TAXES REDUCED BY ADDITIONAL SALES TAX (COUNTY: $88.22, CITY: $25.29) IF TAXES LESS (-) DISCOUNT ARE OR M_n (+) PAID IN PENALTY/INTEREST PROPERTY :R91579 PLAINS CO-OPERATIVE OIL MILL 223.6'X290.17'OF L 3 151650 PLAINS CO-OP OIL MILL INC PO BOX 1889 LUBBOCK, TX 79408 A DYER Mi6 MiOgESTEAD IF YOU HAVE QUESTIONS PLEASE CALL (806) 762-5000. TAXES BECOME DELINQUENT ON FEBRUARY 1. AFTER JUNE AN ADDITIONAL PENALTY OF 15% MAY BE IMPOSED ON THE AMOUNT OF TAXES. PENALTY AND INTEREST DUE. AFTER JULY AN ADDITIONAL 1% PENALTY AND INTEREST WILL BE APPLIED 56,951 TAX AMrXIiT TOTAL TAX OWE Vimdolc N pL. No. D -q - Pun J , _ Dm,. Due Dc"o W a r Pis, 'AM f.YY SU"LY IIAPLT .=MClur .�E 34TH STRCCI FWw TAME 000000 ° ° Wo TAM( f [•Ih Ladrs EXHIBIT "B"