O-1523-8-97ORDINANCE NO. 1523-8-97
AN ORDINANCE OF THE CITY OF AL.IEbf, C011JN COUNTY, TEXAS,
DESIGNATING A CERTAIN AREA AS A INDUSTRIAL. REINVESTMENT
ZONE PROVIDING FOR THE ESTABUSIIDRE67P OF AGREEMENTS
WITHIN THE ZONE, AND OTHER MATTERS RE.ATING THERETO;
PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE
AND PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF
THE RIiNVFSIT ENr 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, Perot Systems
Corporation, Myers & Crow Limited, 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,
WHEREAS, a hearing before the City Council was held at 7:30 p.m. on the 21st day of August, 1997,
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 CountyCommunity 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,
WHEREAS, 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 ADEN,
TEXAS, THAT:
SECHON 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 bylaw.
(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
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 Edhibit "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. 15, City of
Allen, Texas (the "Zone").
SECIION1 The Mayor is hereby authorized to execute on behalf of the City of Allen the Tax
Abatement Agreement between the City of Allen, Texas, Perot Systems Corporation, Myers & Crow
Limited, 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 August 21, 1997, for a period of ten (10)
years.
SECTION S: A written 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.
SEC1ION6: 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
would be held unconstitutional or invalid.
DULY PASSED AND APPROVED BY THE CITY COUNCH.OFTHE CITY OF ALLEN, TEXAS,
ON THE 21ST DAY OF AUGUST, 1997.
APPROVED:
Stephen TerreMAYOR
' APP AS RM: ATTEST:
�1
A. Don Crowder, CITY ATTORNEY Wdy Mo --son, CMC, CITY SECRETARY
OrdinanceNo. 1523-8-97 Page 2
Exhibit A
City of Allen
Reinvestment Zone # 15
The general description of the Reinvestment Zone is as follows:
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the MICHAEL
SEE SURVEY, ABSTRACT NO. 543, a part of the WILLIAM PERRIN SURVEY, ABSTRACT
NO. 708, and being a part of that 8.796 acre tract of land conveyed to Allen/Celina Phase II, Ltd.
on March 25, 1993 and recorded in Document Number 93-0023527, Collin County Deed
Records, and being further described as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said 8.796 acre tract of land,
said point being the intersection of the west line of Enterprise Boulevard (a 60 foot wide right-of-
way) with the north line of Experian Parkway (a 50 foot wide right-of-way);
THENCE North 83 degrees, 49 minutes 54 seconds West, 612.92 feet along the north line of
Experian Parkway to a 1/2 inch iron rod found at the southwest corner of said 8.796 acre tract of
land, said point being in the case line of U. S. Highway No. 75;
THENCE along the east line of U. S. Highway No. 75 as follows:
North 19 degrees 41 minutes 40 seconds East, 431.81 feet to a 1/2 inch iron rod found for comer;
' North 14 degrees 01 minutes 32 seconds East, 138.57 feet to a 1/2 inch iron rod found at the
southwest corner of a 0.0544 acre tract of land conveyed to the State of Texas on April 12, 1993
and recorded in Document Number 93-006633, Collin County Deed Records;
North 74 degrees 01 minute 32 seconds East, 12.15 feet to a 1/2 inch iron rod found for corner;
North 44 degrees 01 minutes 32 seconds East, 89.16 feet to a 1/2 inch iron rod found at the
northeast comer of said 0.0544 acre tract of land, said point being in the south lire of Bethany
Drive (a 110 foot wide right-of-way);
THENCE along the south line of Bethany Drive as follows:
North 88 degrees 25 minutes 30 seconds East, 199.33 feet to 1/2 inch iron rod found for corner:
Northeasterly, 229.65 feet along a curve to the left which has a central angle of 16 degrees 47
minutes 59 seconds, a radius of 783.22 feet, a tangent of 115.65 feet, and whose chord bears
North 80 degrees 06 minutes 15 seconds East, 228.83 feet to a 1/2 inch iron rod found at the
northeast comer of said tract, said point being in the west line of Enterprise Boulevard;
THENCE along the west line of Enterprise Boulevard as follows:
' South 20 degrees 33 minutes 10 seconds East, 153.77 feet to a 1/2 inch iron rod found for comer;
1523-8-97
L
Southeasterly, 72.47 feet along a curve to the right which has a central angle of 34 degrees 36
minutes 10 seconds, a radius of 120.00 feet, a tangent of 37.38 feet, and whose chord bears South
03 degrees 15 minutes 05 seconds East, 71.38 feet to a 1/2 inch iron rod found for comer;
South 14 degrees 03 minutes 00 seconds West, 519.40 feet to the POINT OF BEGINNING and
containing 381,028 square feet or 8.747 acres of land.
MV*M=&J
Exhibit B
Exhibit C
C STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF COLLIN S
This Tax Abatement Agreement (the "AGREEMENT") is entered into by and between the
City of Allen, Texas (the "CITY'), Cardinal Allen Enterprise, Inc., a Texas corporation
("CARDINAL"), 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. 15 (the "ZONE"), for commerciaVmdustrial 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 CARDINAL's 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
I
Tax Abatement Agreement - Page 1 SS1I455
WHEREAS, the City Council finds that the improvements sought are feasible and practicable
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 fiunished, 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 CARDINAL owns 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.
2. The PREMISES are not in an improvement project financed by tax increment bonds.
3. The PREMISES (including adjacent properties to the PREMISES) are not owned or leased
by any member of the Allen City Council, or any member of the Allen Planting 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
CARDINAL an abatement of ad valorem taxation on the PREMISES for a period of ten (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
Tax Abatement Agreement - Page 2 SS11455
value of the real property that exceeds the unimproved property's taxable value for the year in which
this AGREEMENT is executed (BASE YEAR/1997).
Year
Percentage of Abatement
1998
40%
1999
40%
2000
40%
2001
40%
2002
40%
2003
40%
2004
40%
2005
40%
2006
40%
2007
40%
6. The period of tax abatement herein authorized shall be ten (10) years, beginning on January 1,
1998 and continuing until December 31, 2007, unless otherwise amended by the parties pursuant to the
TAX CODE.
7. During the period of tax abatement herein authorized, CARDINAL shall be subject to all city
taxation, including but not limited to, sales tax and ad valorem taxation not otherwise abated.
EDEFINITIONS
8. Wherever used in this AGREEMENT, the following terms shall have the meanings ascribed
to them:
U
A The PREMISES shall mean the real property described in .Exhibit "A"
attached hereto and incorporated herein for all purposes including any improvements, and in
particular without limitation the IMTROVEMENTS 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.
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).
E. The FIRST YEAR OF THE TAX ABATEMENT shall be 1998, unless
otherwise agreed to by the parties.
Tax Abatement Agreement - Page 3
MIEW
' 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. CARDINAL owns the real property described in Exhibit "A", and agrees to construct or
cause to be constructed a one story office facility of approximately 115,200 square feet (and other
ancillary facilities such as reasonably required parking and landscaping more fully described in the
submittals filed by CARDINAL with the CITY from time to time in order to obtain a building permit)
(the "IMPROVEMENTS"). The fair market value of the IMPROVEMENTS should be at least
Ten Mdfion Dollars ($10,000,000.00) not including the land. Nothing in this AGREEMENT shall
obligate CARDINAL to construct the IMPROVEMENTS on the PREMISES, but said actions are
conditions precedent to initiation of tax abatement pursuant to this AGREEMENT.
CONSTRUCTION OF IMPROVEMENTS
10. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT,
CARDINAL will diligently and faithfully, in good and workmanlike manner, pursue the completion of
the contemplated IMPROVEMENTS on or before December 31, 1998, as good and valuable
consideration for this AGREEMENT, and that all construction of the IMPROVEMENTS will be in
substantial accordance with all applicable state and local laws, codes, and regulations, (or valid waiver
thereof); provided, that CARDINAL shall have such additional time to complete and maintain the
PREMISES as may be required in the event of "Force Majeure," if CARDINAL 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 CARDINAL 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 (unless caused by intentional acts oromissions of
CARDINAL), fires, explosions or floods, strikes, slowdowns or work stoppages or delays by CITY.
11. CARDINAL agrees to maintain the PREMISES 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 IMPROVEMENTS or until the CITY and the TAXING
UNITS have received ad valorem taxes from the PREMISES 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
' CARDINAL, and in accordance with CARDINAL visitor access and security policies, in order to
Tax Abatement Agreement - Page 4 SS11455
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 CM, which shall be deemed to be incorporated by reference herein and made a part
hereof for all purposes.
14. After completion of the IMPROVEMENTS, CARDINAL shall certify in writing to the
CITY the construction cost of the IMPROVEMENTS. CARDINAL shall, prior to March 15 of
each year, certify to the CITY that it is in substantial compliance with each tern 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 (u) that, during the period taxes are
abated hereunder, is consistent with the general purposes of encouraging development or
redevelopment within the ZONE.
16. CARDINAL agrees to provide to the applicable tenants of the PREMISES, the benefit of the
abatement of real property taxes granted herein. CARDINAL shall, upon written request, provide the
CITY with satisfactory evidence that the benefits of this AGREEMENT have been provided to the
applicable tenants of the PREMISES.
17. OWNER agrees to provide CITY with the necessary right-of-way and to construct an
additional lane of traffic from Bethel Road to serve as a connection between the service road of State
I-lighway 75 and Enterprise Drive (the "ROAD PROJECT').
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event that CARDINAL 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; (b) has 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); (iii) upon the occurrence of any "Event of Bankruptcy or Insolvency"
(defined below). For purposes hereof, an "Event of Bankruptcy or Insolvency" shall mean the
dissolution or termination of CARDINAL's existence as a going business, insolvency,
appointment of receiver for any part of CARDINAL's property and any 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 for or against CARDINAL and such proceeding is not dismissed within sixty
(60) days after the fling thereof, or (w) breaches any of the terms and conditions of this
IAGREEMENT, then CARDINAL shall, after the expiration of the notice and cure periods described
Tax Abatement Agreement - Page 5 SS[ 1455
' herein, be in default of this AGREEMENT. As liquidated damages in the event of such default,
CARDINAL shall, 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 w a result of this AGREEMENT, shall be recoverable against CARDINAL, its
successors and assigns and shall constitute a tax lien on the property the subject of this
AGREEMENT owned by the "DEFAULTING PARTY" and shalt become due and owing and shall
be paid to the CITY within thirty (30) days after termination.
19. Upon breach by CARDINAL of any obligations undo this AGREEMENT, the CITY shall
notify CARDINAL in writing, who shall have thirty (30) days from receipt of the notice in which to
cue any such default. If the default cannot reasonably be cured within the thirty (30) day period, and
CARDINAL has diligently pursued such remedies as shall be reasonably necessary to cue such
default, then the period in which the violation must be cured shall be automatically extended for an
additional thirty (30) days.
20. If CARDINAL fails to cue 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 by written notice to CARDINAL.
' 21. Upon termination of this AGREEMENT by CITY for any uncured breach by CARDINAL,
all tax revenue abated as a result of this AGREEMENT 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
tennination is made. The CITY shall have all remedies against CARDINAL 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
CARDINAL 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
22. It shall be the responsibility of CARDINAL 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 provided to the CITY for
review. CARDINAL 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.
Tax Abatement Agreement - Page 6 ssn lass
I
I
C
SUCCESSORS AND ASSIGNS
23. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and thew
respective heirs, executors, administrators, legal representatives, successors, and assigns. This
AGREEMENT may be assigned with the consent of the CITY, which consent cannot be
unreasonably be withheld.
NOTICE
24. 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.
1. CITY OF ALLEN:
Mayor and City Manager
City of Allen
One Butler Circle
Allen, Texas 75013
2. CARDINAL ALLEN
q.
M Y LA -S cAe vJ W .
ENTERPRISE, INC.:
3811 Turtle Creek Boulevard
Suite 730
Dallas, Texas 75219
3. COLLIN COUNTY:
County of Collin
do County Judge
210 S. McDonald Street
McKinney, Texas 75069
4. COLLIN CCD:
Collin County Community College District
r10 John H Anthony, Ph.D.
2200 W. University
McKinney, Texas 75070
AUTHORIZATIONS
25. This AGREEMENT was authorized by resolution of the City Council authorizing the Mayor
to execute this AGREEMENT on behalf of the CITY.
26. 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.
Tax Abatement Agreement - Page 7
SSIr455
27. 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.
ki WA sl RA"ITSY111
28. 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
enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph,
sentence, phrase or word.
APPLICABLE LAW
29. 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
30. 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.
ENTIRE AGREEMENT
31. 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 of the parties to be attached to and made a part of this AGREEMENT.
32. The provisions of this AGREEMENT are hereby declared covenants running with the
PREMISES and are fiilly binding on all successors, heirs, and assigns of CARDINAL who acquire
any right, title, or interest in or to the PREMISES or any part thereof. Any person who acquires any
right, tide, or interest in or to the PREMISES, or any part hereof; thereby agrees and covenants to
abide by and fully perforin the provisions of this AGREEMENT with respect to the right, title or
interest in such PREMISES.
RECORDATION OF AGREEMENT
33. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Collin
County, Texas,
Tax Abatement Agreement - Page 8 ss11455
INCORPORATION OF RECITALS
34. The determinations recited and declared in the preambles to this AGREEMENT are hereby
incorporated herein as part of this AGREEMENT.
.:117 Y•.
35. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes
wherever reference is made to the same.
EXECUTED in duplicate originals this the 15-' day of 0,5:a. 1997.
CITY OF ALLEN, TEXAS
By:
STEPHEN TERRELL, MAYOR
ATTEST:
.���.� / !J I _ r I
i• GCITY
EXECUTED in duplicate originals this thO W day oP VY7.+..&!-MT
CARDINAL ALLEN ENTERPRISE, INC.
AJTA OIPk*fo rtAtj r
Name: • M L KAY/ As
Title: 7gE.5, I g W "
EXECUTED in duplicate originals this thg22n�ay o 1998
COUNTY OF COLLIN
1
By:
RON S, CbiJNTY MIDGE
Tax Abatement Agreement - Page 9 s811455
' EXECUTED in duplicate originals this the' day of ice% 19?f
COLLIN COUNTY COMMUNITY COLLEGE
DISTRICT
By.
&W4 �-
CAREY COX, C
Tax Abatement Agreement - Page 10 ss1 1455
6 STATE OF TEXAS
COUNTY OF COLLIN
MAYOR'S ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Stephen Terrey 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 t5'U"l day of
1997.
Notary Public, to o£—Texas
—�—
My Commission Expires:
rtw SHELLEY B. GEORGE
NOTARY PUBLIC
' �:State of Texas
�'Ra.e+ Comm. Exp. 03-20.3001
Tax Abatement Agreement - Page 11
SS11455
ISTATE OF TEXAS
COUNTY OF COLLIN
CARDINAL'S ACKNOWLEDGMENT
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
_ MyFrSr C Ca /��D
day personally appeare�.'IYYi,rr. being the NU V'kA°,S0�"J
of Cardinal Allen Enterprise, Inc., a Texas corporation ]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 partnership, and that he executed the same as the act of said corporation for the purpose
and consideration therein expresser) and in the capacity therein stated.
GIVEN UNDER MY BAND AND SEAL OF OFFICE this the, ( day of
.1997.
RUTH ANN WHEELER
�i NOTARY PUBLIC
State of Texas
Comm. Exp. 0191-2000
My Commission Expires:
31 c--O0c7
Tax Abatement Agreement - Page 12
Ss1wss
I
L
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 aclmowledged 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 AA,A day of
`-
1996
KIM 1 SHEPublic OH
Notary Public
y
STATE OFTEXAS
'Emh�
My Comm. Exp.033F99
My Commission Expires:
I j 3 i /Ci i
Tax Abatement Agreement - Page 13
Notary Public, Sli 'Texas
SS11455
I
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
f,4 1995
My Commission Expires:
4LZ-3/— zz/cl
Tax Abatement Agreement - Page 14
No#y Public, State of Texas
MM+ * NOTARY PUBLIC
I-
��. State of Texas
�^or+` Comm. EXP. 0131-2002
SS11455
EXE"IT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
Tax Abatement Agreement - Page 15
SS11455
' FIRST AMERICAN TITLE INSURANCE COMPANY 2-03/11/97
Exhibit A GF -Number 97ROL096
BEING all that tract of land In the City of Allen, Collin County, Texas, a part
of the MICHAEL SEE SURVEY, ABSTRACT NO. 543, a part of the WILLIAM PERRIN
SURVEY, ABSTRACT NO. 708, and being a part of that 8.796 acre tract of land
conveyed to Allen/Celina Phase II, Ltd, on March 25, 1993 and recorded in
Document Number 93-0023527, Collin County Deed Records, and being further
described as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of said 8.796
acre tract of land, said point being tite intersection of the west line of
Enterprise Boulevard (a 60 foot wide right -of. -way) with the north ltne of
Experian Parkway (a 50 foot wide right-of-way);
THENCE North 83 degrees 49 minutes 54 seconds West, 612.92 feet along the north
line of Experian Parkway to a 1/2 inch iron rod found at the southwest corner
of said 8.796 acre tract of land, said point being in the east line of U. S.
' Highway No. 75;
THENCE along the east line of U. S. Highway No. 75 as follows:
North 19 degrees 41 minutes 40 seconds East, 431.81 feet to a 1/2 inch Iron rod
found for corner;
North 14 degrees 01 minute 32 seconds Fast, 138.57 feet to a 1/2 inch trot, rod
found at the southwest corner of a 0.0544 acre tract of land conveyed to the
State of Texas on April 12, 1993 and recorded in Document Number 93-006633,
Collin County Deed Records;
North 74 degrees 01 minute 32 seconds East, 12.15 feet to a 1/2 inch iron rod
found for corner;
North 44 degrees 01 minute 32 seconds East, 89.16 feet to a 1/2 inch iron rod
found at the northeast corner of said 0.0544 acre tract of land, said point
b^Ing in the south line of Bethany Drive (a 110 foot wide right-of-way);
THENCE along the south line of Bethany Drive as follows:
North 88 degrees 25 minutes 30 seconds East, 199.33 feet to a 1/2 inch iron rod
found for corner;
Northeasterly, 229.65 feet along a curve to the left which has a central angle
of 16 degrees 47 minutes 59 seconds, a radius of 783.22 feet, a tangent of
115.65 feet, and whose chord bears North 80 degrees 06 minutes 15 seconds East,
228.83 feet to a 1/2 inch iron rod found at the northeast corner of said tract,
said point being in the west line of Enterprise Boulevard;
THENCE along the west line of Enterprise Boulevard as follows
' FIRST AMERICAN TITLE INSURANCE COMPANY 2-03/11/97
Exhibit A (Continued) GF -Number 97RO1096
South 20 degrees 33 minutes 10 seconds East, 153.77 feet to a 1/2 inch iron rod
found for corner;
Southeasterly, 72.47 feet along a curve to the right which has a central angle
of 34 degrees 36 minutes 10 seconds, a radius of 120.00 feet, a tangent of
37.38 feet, and whose chord bears South 03 degrees 15 minutes 05 seconds East,
71.38 feet to a 1/2 inch iron rod found for corner;
South 14 degrees 03 minutes 00 seconds West, 519.40 feet to the POINT OF
BEGINNING'and containing 381,028 square feet or 8.747 acres of land.
NOTE: The Company is prohibited from insuring the area or quantity of the
land described herein. Any statement in the above legal description of the
area or quantity of land is not a representation that such area or quantity
is correct, but is made only for informational and/or identification purposes
and does not override Item 2 of Schedule B hereof.
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