O-1568-1-98ORDINANCE NO. 1.568-1-98
AN ORDINANCE OF THE CITY OF ALLEN, COILIN COUNTY, TEXAS,
DESIGNATING A CERTAIN AREA AS A INDUSTRIAL REINVESTMENT
ZONE; PROVIDING FOR THE ESTABLISHMENT OF AGREEMENTS
WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO;
PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CIAUSE;
AND PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF
THE REINVESTMENT ZONE AND THIS ORDINANCE.
WHEREAS, the City Council of the City of Allen, Texas, desires to promote the development of a
certain contiguous geographic area within its jurisdiction by the creation of a Reinvestment Zone, as
authorized in Chapter 312 of the Texas Tax Code (the "Code"); and,
WHEREAS, a proposed Tax Abatement Agreement between the City of Allen, Texas, All Metals, Inc.,
the County of Collin, Texas, and the Collin County Community College District has been presented to
the City Council; and the City Council is of the opinion and finds that the terms and conditions thereof
should be approved and that the Mayor should be authorized to execute the Agreement on behalf of
the City of Allen; and,
WTIEREAS, a hearing before the City Council was held at 7:30 p.m. on the 15th day of January, 1998,
such date being not later than seven (7) days after the date of publication of the notice of such public
hearing in a newspaper of general circulation in the City of Allen; and,
WHEREAS, the City has called a public hearing and published notice of such public hearing, and has
' properly notified the proper officials of Collin County, Collin County Community College and the Allen
Independent School District, as required by the Code; and,
WHEREAS, at such hearing the City invited any interested person, or their representative, to appear
and contend for or against the creation of the Reinvestment Zone, whether all or part of the territory,
which is described by a metes and bounds description attached hereto as Exhibit "A" and depicted in
the drawing attached hereto as Exhibit "B," should be included in such proposed Reinvestment Zone;
and,
WBEREAS, all owners of property located within the proposed Reinvestment zone and all other taxing
units and other interested persons were given the opportunity at such public hearing to protest the
creation of the proposed Reinvestment Zone or the inclusion of their property in such reinvestment
zone; and,
WHEREAS, all activities within the Reinvestment Zone will adhere to the guidelines defined in City
of Allen Comprehensive Zoning Ordinance No. 1425-5-96, and its amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT -
SECTION 1: The City Council of the City of Allen, Texas, after conducting such hearing and having
heard such evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
(a) That the public hearing on adoption of the Reinvestment Zone has been properly
called, held and conducted and that notice of such hearing has been published as
required by law.
(b) That the City has jurisdiction to hold and conduct this public hearing on the creation
of the proposed Reinvestment Zone pursuant to the Code.
(c) That creation of the proposed zone with boundaries as described in Exhibits "A" and
"B" will result in benefits to the City, its residents and property owners, and to the
11
property, residents and property owners in the Reinvestment Zone.
(d) That the Reinvestment Zone, as defined in Exhibits "A" and "B," meets the criteria for
the creation of a Reinvestment Zone as set forth in the Code in that:
(1) It is a contiguous geographic area located wholly within the corporate limits
of the City.
(2) The area will reasonably be 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 City.
(3) No part of the property in the Reinvestment Zone is owned or leased by a
member of the governing body of the City of Allen or by a member of a
zoning or planning board or commission of the City of Allen.
(4) Improvements in the Reinvestment Zone will enhance significantly the value
of all taxable real property in the Reinvestment Zone.
SECTION 2: The City hereby creates a Reinvestment Zone over the area described by the description
in Exhibit "A" attached hereto and depicted in a drawing attached hereto as Exhibit "B," and such
Reinvestment Zone shall hereafter be identified as the Industrial Reinvestment Zone, No. 16, City of
Allen, Texas (the "Zone").
SECTIONS: The Mayor is hereby authorized to execute on behalf of the City of Allen the Tax
Abatement Agreement between the City of Allen, Texas, All metals, Inc., the County of Collin, Texas,
and the Collin County Community College District (a copy of which is attached hereto as Exhibit "C"),
said agreement having been previously reviewed and approved by the City Council of the City of Allen.
SECTION 4: Operation of the Zone shall commence on January 15, 1998, for a period of ten (10)
years.
SECTION 5: Awritten agreement(s), as provided in the Act, with the owners of the property located
within the Reinvestment Zone is hereby authorized for a period up to ten (10) years, and the written
agreement shall provide an exemption from taxation of the increased value in the real and personal
property in an amount of up to four hundred percent (400%) of the increased value over ten (10) years.
SECTION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
wouldd be held unconstitutional or invalid.
DULY PASSED AND APPROVED BY THE CITY COUNCILOF TILE CITY OF ALLEN, TEXAS,
ON THE 15111 DAY OF JANUARY, 199&
W11bISTRIVI
AP
Stephen Terrell, MAYOR
lARY
1 11
, CMC, CITY SECIMT
Ordinance No. 1568-1-93 Page 2
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF COLLIN 4
This Tax Abatement Agreement (the "AGREEMENT") is entered into by and among the City
of Allen, Texas (the "CITY") William B. Thrailldll, Sr. (the "OWNER"), All Metals Fabricating,
Incorporated (the "LESSEE"), (OWNER and LESSEE sometimes collectively referred to as
"OWNERS"), County of Collin, Collin County Community College District and any other taxing unit
which joins in or adopts this AGREEMENT (the "TAXING UNITS") acting by and through their
respective authorized officers.
WITNESSETH:
WHEREAS, the City Council of the CITY, passed an Ordinance (the "ORDINANCE")
establishing Reinvestment Zone No. 16 (the "ZONE"), for commercial/industrial tax abatement, as
authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax
Code, as amended (the "Tax Code"); and
WHEREAS, the CITY has adopted guidelines for tax abatement (the "TAX ABATEMENT
GUIDELINES"); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the CITY as contemplated by the Tax
Code; and
WHEREAS, the CITY has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Allen area, it is in the best interests of the taxpayers for the CITY to enter into
this AGREEMENT; and
WHEREAS, the OWNERS' improvements described herein will create permanent new jobs
in the CITY; and
WHEREAS, the City Council finds that the contemplated use of the PREMISES (hereinafter
defined), the contemplated 'improvements to the PREMISES (hereinafter defined) as set forth in this
AGREEMENT, and the other terms hereof are consistent with encouraging development of the
ZONE in accordance with the purposes for its creation and/or in compliance with the TAX
ABATEMENT GUIDELINES, the ORDINANCE adopted by the CITY, the Tax Code and all
other applicable laws; and
Tax Abatement Agreement - Page 1
EXHIBIT A
Ordinance No. 1568-1-98
aa1350
WHEREAS, the City Council finds that the improvements sought are feasible and practicable
L and would be of benefit to the land to be included in the ZONE and to the CITY and the TAXING
UNITS after expiration of this AGREEMENT; and
WHEREAS, a copy of this AGREEMENT has been famished, in the manner prescribed by
the Tax Code, to the presiding officers of the governing bodies of each of the TAXING UNITS in
which the PREMISES is located; and
WHEREAS, the CITY desires to enter into an AGREEMENT with the owners of property
within the ZONE for the abatement of taxes pursuant to Chapter 312 of the Tax Code, as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment in
the ZONE, which contributes to the economic development of the CITY and the enhancement of the
tax base with in the CITY, the parties agree as follows:
GENERAL PROVISIONS
1. The OWNER owns or is under contract to purchase the real property described in Exhibit "A"
attached hereto and made a part hereof for all purposes (the "PREMISES"), which PREMISES are
located within the city limits of the CITY and within the ZONE. The LESSEE is or shall become the
LESSEE of the PREMISES and is or shall become the owner of tangible personal property that will
be located on the PREMISES.
2. The PREMISES are not in an improvement project financed by tax increment bonds.
3. The PREMISES are not owned or leased by any member of the Allen City Council, or any
member of the Allen Planning and Zoning Commission, or any member of the governing body of any
TAXING UNITS joining in or adopting this AGREEMENT.
TAX ABATEMENT AUTHORIZED
4. This AGREEMENT is authorized by the Tax Code, and in accordance with the TAX
ABATEMENT GUIDELINES, and approved by resolution of the City Council of the CITY
authorizing the execution of this AGREEMENT.
5. Subject to the terms and conditions of this AGREEMENT, the CITY hereby grants
OWNERS an abatement of ad valorem taxation on the PREMISES and the TANGIBLE
PERSONAL PROPERTY (hereinafter defined) to be located on the PREMISES for a period of tan
(10) years in accordance with the schedule described below. The actual percentage of taxes for the
PREMISES subject to abatement for each year of this AGREEMENT will apply only to that portion
of the taxable value of the real property that exceeds the unimproved property's taxable value for the
Tax Abatement Agreement - Page 2 5513560
EXHIBIT A
Ordinance No. 1568-1-98
year in which this AGREEMENT is executed (BASE YEAR/1997). The tax abatement for
TANGIBLE PERSONAL PROPERTY may only apply to the personal property added to the
PREMISES after this AGREEMENT is executed.
Year Percentage of Abatement
1999 40%
2000 40%
2001 40%
2002 40%
2003 40%
2004 40%
2005 40%
2006 40%
2007 40%
2008 40%
6. The period of tax abatement herein authorized shall be ten (10) years, beginning on January 1,
1999 and continuing until December 31, 2008, unless otherwise amended by the parties pursuant to the
Tax Code.
7. During the period of tax abatement herein authorized, OWNERS shall be subject to all city
C taxation, including but not limited to, sales tax and ad valorem taxation not otherwise abated.
DEFINITIONS
8. Wherever used in this AGREEMENT, the following term shall have the meanings ascribed
to them:
A The PREMISES shall mean the real property described in Exhibit 'W'
attached hereto and incorporated herein for all purposes including any improvements, and in
particular without limitation the IMPROVEMENTS but excluding personal property, which
is added to the real property subsequent to the execution of this AGREEMENT;
B. The IMPROVEMENTS shall mean the contemplated improvements to be
constructed on the PREMISES and as further described herein, including but not limited to
buildings and structures.
C. The TOTAL ASSESSED TAX VALUE shall mean the total assessed taxable
value on January 1 of any tax year of the PREMISES and the IMPROVEMENTS.
D. The BASE YEAR TAX VALUE shall mean the total unimproved property's
assessed taxable value for the year in which the Tax Abatement Agreement is executed (1997).
Tax Abatement Agreement -Page 3 ssuseo
EXHIBIT A
Ordinance No. 1568-1-98
' E. The FIRST YEAR OF THE TAX ABATEMENT shall be 1999, unless
otherwise agreed to by the parties.
F. CERTIFIED APPRAISED VALUE means the appraised value of the
PREMISES as certified by the Collin County Appraisal District as of January 1 of each year in
which the tax abatement is granted.
G. TANGIBLE PERSONAL PROPERTY shall mean tangible personal
property, equipment and fixtures other than inventory or supplies added to the
PREMISES subsequent to the execution of this AGREEMENT.
IMPROVEMENTS
9. OWNER owns or is under contract to purchase the real property described in Exhibit "A",
and agrees to construct or cause to be constructed an office and manufacturing facility (the
"FACILITY") of approximately 70,000 square feet total (and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by OWNER
with the CITY from time to time in order to obtain a building permit). The value of the FACILITY
as of December 31, 1998 should be approximately Three Million Five Hundred Thousand Dollars
($3,500,000) including the land. LESSEE agrees to lease the PREMISES from OWNER and to
locate tangible personal property on the PREMISES. The LESSEE anticipates that the value of the
initial capital investment (not the depreciated value) of TANGIBLE PERSONAL PROPERTY
added to the PREMISES should be approximately One Million Dollars ($1,000,000) by December 31,
1998. Nothing in this AGREEMENT shall obligate OWNER to construct the FACILITY and/or
LESSEE to locate TANGIBLE PERSONAL PROPERTY on the PREMISES, but said actions
are conditions precedent to initiation of tax abatement pursuant to this AGREEMENT. Subject to the
terms and conditions of this AGREEMENT, OWNERS are entitled to an abatement of ad valorem
taxation on real and personal property in accordance with Paragraph 6, conditioned upon OWNERS,
or their successors or assigns, diligently complying with the terms of this AGREEMENT.
OF IMPROVEMENTS
10. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT,
OWNER will diligently and faithfully, in good and workmanlike manner, pursue the completion of the
contemplated FACILITY on or before December 31, 1998, as good and valuable consideration for
this AGREEMENT, and that all concoction of the FACILITY will be in substantial accordance
with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that
OWNER shall have such additional time to complete and maintain the FACILITY as may be required
in the event of "Force Majeure," if OWNER is diligently and faithfully pursuing completion of the
same. For this purpose, "Force Majeure" shall mean any contingency or cause beyond the reasonable
control of OWNER including without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, adverse weather, government or de facto governmental action or inaction
Tax Abatement Agreement - Page 4 SS1350
EXHIBIT A
Ordinance No. 1568-1-98
' (unless caused by intentional acts or omissions of OWNER), fires, explosions or floods, strikes,
slowdowns or work stoppages or delays by CITY.
11. OWNERS agree to maintain the PREMISES and the IMPROVEMENTS in substantial
accordance with all applicable state and local laws, codes, and regulations for a period of not less than
ten (10) years after the date a certificate of occupancy is issued for the FACILITY or until the CITY
and the TAXING UNITS have received ad valorem taxes from the PREMISES and the
IMPROVEMENT'S in an amount equal to all the ad valorem taxes abated herein whichever occurs
first.
12. The CITY, its agents and employees shall have the right of access to the PREMISES during
construction to inspect the IMPROVEMENTS at reasonable times and with reasonable notice to
OWNERS, and in accordance with OWNERS' visitor access and security policies, in order to insure
that the construction is in accordance with this AGREEMENT and all applicable state and local laws
and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
13. Construction plans for the IMPROVEMENTS to be constructed on the PREMISES will be
Sled with the CITY, which shall be deemed to be incorporated by reference herein and made a part
hereof for all purposes.
' 14. After completion of the IMPROVEMENTS, OWNER shall certify in writing to the CITY
the cost of the IMPROVEMENTS. LESSEE shall certify in writing to the CITY the initial capital
investment value of TANGIBLE PERSONAL PROPERTY located on the PREMISES as of
January I of the FIRST YEAR OF THE TAX ABATEMENT. OWNERS shall each certify in
writing to the C 17Y that they are in substantial compliance with each term of the AGREEMENT.
15. The PREMISES constructed thereon at all times shall be used in the manner (i) that is
consistent with the City's Comprehensive Zoning Ordinance, and (S) that, during the period taxes are
abated hereunder, is consistent with the general purposes of encouraging development or
redevelopment within the ZONE.
16. OWNER agrees to provide to LESSEE or other applicable tenants, the benefit of the
abatement of real property taxes granted herein. OWNER shall, upon written request, provide the
CITY with satisfactory evidence that the benefits of this AGREEMENT have been provided to
LESSEE or other applicable tenants of the PREMISES.
17. LESSEE agrees to maintain research, development and manufacturing Stcilities in the CITY
for a period of not less than ten (10) years commencing on the date a certificate of occupancy is issued
for the FACILITY.
I
Tax Abatement Agreement - Page 5 Sa13560
EXHIBIT A
Ordinance No. 1568-1-98
' 18. LESSEE agrees to cause to locate TANGIBLE PERSONAL PROPERTY on the
PREMISES, with an initial capital investment value of at least One Million Dollar ($1,000,000) by
December 31, 1998.
DEFAULT: RECAPTURE OF TAX REVENUE
19. In the event that OWNER or LESSEE fails in a performance of any of the following
conditions: (i) completion of the IMPROVEMENTS in accordance with this AGREEMENT or in
accordance with applicable State or local laws, codes or regulations; (ii) have any delinquent ad
valorem or State sales taxes owed to the CITY (provided such party retains the right to timely and
properly protest such taxes or assessment); (ii) upon the occurrence of any "Event of Bankruptcy or
Insolvency'; or (v) breaches any of the terms and conditions of this AGREEMENT, then such
"DEFAULTING PARTY" shall, after the expiration of the notice and cure periods described herein,
be in default of this AGREEMENT. For purposes hereof, an "Event of Bankruptcy or Insolvency"
shall mean the dissolution or termination of OWNERS existence as a going business, insolvency,
appointment of receiver for any part of OWNERS' property and such appointment is not
terminated within sixty (60) days after such appointment is initially made, any general assignment
for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against OWNERS and such proceeding is not dismissed within sixty (60)
days after the filing thereof. As liquidated damages in the event of such default, the
"DEFAULTING PARTY" shag within thirty (30) days after demand, pay to the CITY all taxes
which otherwise would have been paid to the CITY without benefit of a tax abatement with interest at
the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended,
but without penalty. The parties acknowledge that actual damages in the event of default termination
would be speculative and difficult to determine. The parties further agree that any property tax
revenue lost, including interest as a result of this AGREEMENT, shall be recoverable against such
"DEFAULTING PARTY", its successors and assigns and shall constitute a tax lien on the property
the subject of this AGREEMENT owned by the "DEFAULTING PARTY" and shall become due
and owing and shall be paid to the CITY within thirty (30) days after termination.
20. Upon breach by OWNER or LESSEE of any obligations under this AGREEMENT, the
CITY shall notify the "DEFAULTING PARTY" in writing, who shall have thirty (30) days from
receipt of the notice in which to core any such default. If the default cannot reasonably be cured within
the thirty (30) day period, and such "DEFAULTING PARTY" has diligently pursued such remedies
as shall be reasonably necessary to core such default, then the period in which the violation must be
cored shall be automatically extended for an additional thirty (30) days. The CITY shall also notify the
non -defaulting party to this AGREEMENT, who shall have the same right to cure any such default on
behalf of the "DEFAULTING PARTY"
21. If a "DEFAULTING PARTY" fails to core the default within the time provided herein or, as
such time period may be extended, then the CITY at its sole option shall have the right to terminate
this AGREEMENT with respect to the "DEFAULTING PARTY" by written notice to such party
' (the "TERMINATED PARTY").
Tax Abatement Agreement - Page 6 SS13W
EXHIBIT A
Ordinance No. 1568-1-98
11
22. Upon termination of this AGREEMENT by CITY, for an uncured breach or default, all tax
revenue abated as a result of this AGREEMENT with respect to the TERMINATED PARTY shall
become a debt to the CITY as liquidated damages, and shall become due and payable not later than
thirty (30) days after a notice of termination is made. The CITY shall have all remedies against the
DEFAULTING PARTIES for the collection of the recaptured tax revenues provided generally in the
Tax Code for the collection of delinquent property tax. The CITY at its sole discretion has the option
to provide a repayment schedule. The computation of tax revenue abated for the purposes of the
AGREEMENT shall be based upon the full taxable value without tax abatement for the years in which
tax abatement hereunder was received by the "TERMINATED PARTY" with respect to the
PREMISES, as determined by the Collin County Appraisal District, multiplied by the tax rate of the
years in question, as calculated by the City Tax Assessor -Collector. The liquidated damages incur the
same penalties as provided for delinquent taxes and shall accrue after expiration of the thirty (30) day
payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION; CERTIFICATION
23. a. It shall be the responsibility of OWNER, and LESSEE pursuant to the Tax Code, to
file an annual exemption application form with the Chief Appraiser for each appraisal district in which
the eligible taxable property has situs. A copy of the exemption application shall be submitted to the
CITY for review. OWNER shall annually render the value of the PREMISES to the Collin county
Appraisal District, or its successor and provide a copy of the same to the CITY. LESSEE shall
annually render the value of the TANGIBLE PERSONAL PROPERTY located on the PREMISES
to the Collin County Appraisal District, or its successor and provide a copy of the same to the CITY.
b. OWNER and LESSEE shall each annually certify in writing to the CITY that it is
in compliance with each term of the AGREEMENT.
SUCCESSORS AND ASSIGNS
24. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and their
respective heirs, executors, administrators, legal representatives, successors, and assigns with respect to
OWNER such consent by the CITY shall not be unreasonably withheld or delayed. This
AGREEMENT may be assigned with the consent of the CITY. So long as LESSEE and/or its
permitted assigns shall remain tenants of the PROPERTY, OWNER may and assign this
AGREEMENT to B.E.B.D.T. Realty Ltd. (a family trust) upon such entity's written assumption of
the obligations contained herein.
NOTICE
25. All notices required by this AGREEMENT shall be addressed to the following, or such other
party or address as the parties designate in writing, by certified mail, postage prepaid or by hand
delivery.
Tax Abatement Agreement - Page 7
EXHIBIT A
Ordinance No. 1568-1-98
SS13560
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1. CITY OF ALLEN: Mayor and City Manager
City of Allen
One Butler Circle
Allen, Texas 75013
2. WILLIAM BTBRABxtt.L,SR.
3. ALL METALS FABRICATING,
INCORPORATED
4. COLLIN COUNTY:
5. COLLIN CCD:
Wiliam B. Thrailldll, Sr.
415 N. Bowser
Richardson, Texas 75080
Ann: William B. Thrailldll, Sr.
All Metals Fabricating, Incorporated
415 N. Bowser
Richardson, Texas 75080
County of Collin
do County Judge
210 S. McDonald Street
McKinney, Texas 75069
Collin County Community College District
do John H. Anthony, Ph.D.
2200 W. University
McKinney, Texas 75070
AUTHORIZATIONS
26. This AGREEMENT was authorized by resolution of the City Council authorizing the Mayor
to execute this AGREEMENT on behalf of the CITY.
27. This AGREEMENT was authorized by the minutes of the Commissioners Court of Collin
County, Texas, at a meeting whereupon it was duly determined that the County Judge would
execute the AGREEMENT on behalf of Collin County, Texas.
28. This AGREEMENT was authorized by the Board Minutes of the Board of Trustees of
Collin County Community College District at a Board Meeting whereupon it was duly determined
that the Chairman would execute the AGREEMENT on behalf of Collin County Community
College District.
SEVERABHff Y
29. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid,
illegal or unconstitutional, the balance of this AGREEMENT, shall be enforceable and shall be
Tax Abatement Agreement - Page 8
EXHIBIT A
Ordinance No. 1568-1-98
SS13560
' enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph,
sentence, phrase or word.
APPLICABLE LAW
30. This AGREEMENT shall be construed under the laws of the State of Texas. Venue for any
action under this AGREEMENT shall be the State District Court of Collin County, Texas. This
AGREEMENT is performable in Collin County, Texas.
COUNTERPARTS
31. This AGREEMENT may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
�YYr . I
32. This AGREEMENT and the ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT embodies the complete AGREEMENT of the parties hereto, superseding all oral or
written previous and contemporary agreements between the parties and relating to the matters in this
AGREEMENT, and except as otherwise provided herein cannot be modified without written
AGREEMENT ofthe parties to be attached to and made a part of this AGREEMENT.
' 33. The provisions of this AGREEMENT are hereby declared covenants running with the
PREMISES and are fully binding on all successors, heirs, and assigns of OWNERS who acquire any
right, title, or interest in or to the PREMISES or any part thereof. Any person who acquires any right,
title, or interest in or to the PREMISES, or any part hereof thereby agrees and covenants to abide by
and fully perform the provisions of this AGREEMENT with respect to the right, title or interest in
such PREMISES.
OF AGREEMENT
34. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Collin
County, Texas.
INCORPORATION OF RECITALS
35. The determinations recited and declared in the preambles to this AGREEMENT are hereby
incorporated herein as part of this AGREEMENT.
m
36. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes
' wherever reference is made to the same.
Tax Abatement Agreement - Page 9 551350
EXHIBIT A
Ordinance No. 1568-1-98
MISCELLANEOUS
37. This AGREEMENT is expressly contingent upon OWNER's acquisition of the real property
described in Exhibit "A" and the lease of the same by LESSEE.
EXECUTED m duplicate originals this the qday of d, 199%
CITY OF ALLEN, TEXAS
(x
STEPHEN TERRELL, MAYOR
ATTEST:
Y MORRISON, CITY SECRETARY
EXECITPED in duplicate originals this the 41 day of, • , 1997.
WILLIAM B. THRAII K LL, SR -
EXECUTED in duplicate originals this the 4��—day ofOf{,, 1997.
ALL METALS FABRICATING, INCORPORATED
' Tax Abatement Agreement - Page 10 8613W
EXHIBIT A
Ordinance No. 1568-1-98
EXECUTED in duplicate originals this the �L± day of -)ar&x -)a 1997.
COUNTY OF COLLIN
By.
ON ,COUNTY JUDGE
EXECUTED m duplicate originals this t1e31t day of`?7/ ^ 1998
COLLIN COUNTY COMMUNITY COLLEGE
DISTRICT
By:
CAREY COX, SAN
Tax Abatement Agreement - Page 11
EXHIBIT A
Ordinance No. 1568-1-98
U13MO
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CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Stephen Terrell, Mayor of the City of Allen, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Allen, Texas, a municipal
corporation, that he was duly authorized to perform the same by appropriate resolution of the City
Council of the City of Allen, and that he executed the same as the act of said City for the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the aA4 day of
5rct`Uwry 199%
Notary Public, Stale of Texas
My Commission Expires:
SHELLEY B. GEORGE
NOTARY PUBLIC
•(State of Texas
�4 Comm. Exp, 03-202001
Tax Abatement Agreement - Page 12
EXHIBIT A
Ordinance No. 1568-1-98
SS13560
I
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OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared William B. Thrai M Sr., known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the t3- _ day of
/C_fin>;7t�✓ .1997.
t�t��i ✓1 G�JLf� - �
Notary Public, State of Texas
My Commission Expires:
%'?.�f Nmartber 2l,
Tax Abatement Agreement - Page 13
EXHIBIT A
Ordinance No. 1568-1-98
SS13%0
LESSEE'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared William B. Thrailkill, Sr. being the President of All Metals Fabricating,
Incorporated (mown to me to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said corporation, and that he
executed the same as the act of said corporation for the purpose and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the .Sd- day of
.1997.
Notary Pbblic, State of Texas
My Commission Expires:
? ' KA7WB.NWWX
Abatement Agreement - Page 14 aa13560
EXHIBIT A
Ordinance No. 1568-1-98
[1
COUNTY ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared Ron Harris being the County Judge of County of Collin (mown to me to be
the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the said corporation, and that he executed the same as the act of said
corporation for the purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 1 G %`- day of
1997.
'
s. �� KIMBFA'N M. SHELQON. � Nolary Iic
STATO OF PUDTE%AS
Ora +T My Comm. E%p. 03-31-99
My Commission Expires:
��9 '1
Notary Public, Stat �of�Texas
Tax Abatement Agreement - Page 15
EXHIBIT A
Ordinance No. 1568-1-98
SStl560
I
1
1
COLLEGE DISTRICT ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared Carey Cox being the Chairman of Collin County Community College District
known to me to be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said corporation, and that he executed the same
as the act of said corporation for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1999.
My Commission Expires:
D/- d3(- 2062
Tax Abatement Agreement - Page 16
tary Pu c, State of Texas
�o"'^yt JUDY A. LAGRONE
* • NOTARY PUBLIC
�,ti a f Sta» of Texas
comm. Exp. otat•zooz
EXHIBIT A
Ordinance No. 1568-1-98
SS13560
EXHIBIT "A"
' LEGAL DESCRIPTION OF PROPERTY
BEING a portion of Lot 3, Block A of Allentown Office Park, an addition to the City of Allen,
Texas, according to the plat thereof recorded in Cabinet D. Page 179 of the Map Records of
Collin County, Texas(MRCCT), and being more particularly described as follows.
BEGINNING at an aluminum monument found at the northwest end of a corner clip
established by the final plat of said Allentown Office Park, at the intersection of the west line
of State Highway No. 5 (Greenville Avenue) (variable right-of-way), with the south line of
Allentown Parkway (60 foot right -of -way);
THENCE S 14'06'55' E. along said corner clip 13.91 feet to an aluminum monument found in
the west line of said State Highway No. 5 as described in deed to The State of Texas recorded
in Clerk's File No. 97-0003756;
THENCE S 32'26'39" W. along the west line of said State Highway No. 5, 335.23 feet to an
aluminum monument found;
' THENCE N 57'39'48" W. continuing along the west line of said State Highway No. 5, 997
feet to an aluminum monument found.
THENCE S 35'19'05" W. continuing along the west line of said State Highway No. 5, at
101.30 feet passing an aluminum monument found, in all a distance of 101.66 feet to a point in
the north line of Lot 1, Block A of the replat of Texet Addition, an addition to the City of
Allen, Texas according to the plat thereof recorded in Cabinet E. Page 136 MRCCT;
THENCE N 87'29'03" W. along the north lire of said Lot 1, Block A, at 506.35 feet passing
a 'h -inch iron rod found at the northwest corner of said Lot 1, Block A, same being the
northeast corner of Lot 2, Block A of Texet Addition, an addition to the City of Allen, Texas
according to the plat thereof recorded in Cabinet C, Page 582 MRCCT, continuing along the
north line of said Lot 2, Block A at 793.31 feet passing the northwest corner of said Lot 2,
Block A, same being the northeast corner of Lot 3, Block A, continuing along the north line of
said Lot3, Block A, in all a distance of 1110.22 feet to a 'h -inch rod found at the southerly
southeast corner of Lot 2, Block A of said Allentown Office Park;
THENCE N 34'33'13" E. along the southeast line of Lot 2, Block A of said Allentown Office
Park, at 184.63 feet passing a 'h -inch iron rod found at the northerly southeast corner of said
Lot 2, same being the southeast corner of Lot 1, Block A of said Allentown Office Park,
continuing along the east line of said Lot 1, in all a distance of 600.05 feet to a 'h -inch iron
rod set at the southerly northeast comer of said Lot 1, and lying in the south lire of said
Allentown Parkway, in a non -tangent curve to the left having a radius of 60.00 feet;
Tax Abatement Agreement - Page 170rdinance No. 1568-1-98
THENCE northeasterly, along the south line of said Allentown Parkway, along said curve to
the left, through a central angle of 84'32'35", an arc distance of 88.53 feet and having a chord
which bears N 82'17'27" E. 80.72 feet to a lk-inch iron rod set;
THENCE S 79'58'51" E. continuing along the south line of said Allentown Parkway, 861.44
feet to a 'h -inch rod found at the point of curvature of a circular curve to the right having a
radius of 270.00 feet.
THENCE southeasterly, along the south line of said Allentown Parkway, along said curve to
the right, through a central angle of 19'02'26", on arc distance of 89.73 feet and having a
chord which bears S 70'27'38" E. 89.31 feet to the POINT of BEGINNING and containing
11.812 acres of land.
EXHIBIT A
Ordinance No. 1568-1-98
Tax Abatement Agreement - Page 18
EXMIT "A"
' LEGAL DESCRIPTION OF PROPERTY
BEING a portion of Lot 3, Block A of Allentown Office Park, an addition to the City of Allen,
Texas, according to the plat thereof recorded in Cabinet D. Page 179 of the Map Records of
Collin County, Texas(MRCCT), and being more particularly described as follows.
BEGINNING at an aluminum monument found at the northwest end of a corner clip
established by the final plat of said Allentown Office Park, at the intersection of the west line
of State Highway No. 5 (Greenville Avenue) (variable right-of-way), with the south line of
Allentown Parkway (60 foot right -of -way);
THENCE S 14'06'55" E. along said corner clip 13.91 feet to an aluminum monument found in
the west lin; of said State Highway No. 5 as described in deed to The State of Texas recorded
in Clerk's File No. 97-0003756;
THENCE S 32'26'39" W. along the west lire of said State Highway No. 5, 335.23 feet to an
aluminum monument found;
' THENCE N 57'39'48" W. continuing along the west line of said State Highway No. 5, 997
feet to an aluminum monument found.
THENCE S 35'19'05" W. continuing along the west line of said State Highway No. 5, at
101.30 feet passing an aluminum monument found, in all a distance of 101.66 feet to a point in
the north lire of Lot 1, Block A of the replat of Texet Addition, an addition to the City of
Allen, Texas according to the plat thereof recorded in Cabinet E. Page 136 MRCCT;
THENCE N 87'29'03" W. along the north lire of said Lot 1, Block A, at 506.35 feet passing
a lh-inch iron rod found at the northwest corner of said Lot 1, Block A, same being the
northeast comer of Lot 2, Block A of Texet Addition, an addition to the City of Allen, Texas
according to the plat thereof recorded in Cabinet C, Page 582 MRCCT, continuing along the
north line of said Lot 2, Block A at 793.31 feet passing the northwest corner of said Lot 2,
Block A, same being the northeast corner of Lot 3, Block A, continuing along the north line of
said Lot3, Block A, in all a distance of 1110.22 feet to a rh-inch rod found at the southerly
southeast corner of Lot 2, Block A of said Allentown Office Park;
THENCE N 34'33'13" E. along the southeast line of Lot 2, Block A of said Allentown Office
Park, at 184.63 feet passing a lh-inch iron rod found at the northerly southeast corner of said
Lot 2, same being the southeast corner of Lot 1, Block A of said Allentown Office Park,
continuing along the east line of said Lot 1, in all a distance of 600.05 feet to a 'h -inch iron
rod set at the southerly northeast comer of said Lot 1, and lying in the south lire of said
Allentown Parkway, in a non -tangent curve to the left having a radius of 60.00 feet;
' THENCE northeasterly, along the south line of said Allentown Parkway, along said curve to
the left, through a central angle of 84'32'35", an arc distance of 88.53 feet and having a chord
which bears N 82'17'27" E. 80.72 feet to a 'h -inch iron rod set;
THENCE S 79'58'51" E. continuing along the south line of said Allentown Parkway, 861.44
feet to a 'h -incl[ rod found at the point of curvature of a circular curve to the right having a
radius of 270.00 feet.
THENCE southeasterly, along the south line of said Allentown Parkway, along said curve to
the right, through a central angle of 19'02'26", on arc distance of 89.73 feet and having a
chord which bears S 70'27'38" E. 89.31 feet to the POINT of BEGINNING and containing
11.812 acres of land.
' EXHIBIT A
Ordinance No. 1568-1-98
Exhibit B
Ordinance No. 1568-1-98