O-1505-6-97' 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 TTiERETO;
PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE;
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, Dallas/Fort
Worth Real Estate Investment #1 limited Partnership, 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 19th day of June,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 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
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 ALLEN,
TEXAS, THAT:
SECiTON 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
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.
STICTION 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 "R," and such
Reinvestment Zone shall hereafter be identified as the Industrial Reinvestment Zone, No. 12, City of
Allen, Texas (the "Zone").
SECTION 3: The Mayor is hereby authorized to execute on behalf of the City of Allen the In
Abatement Agreement between the Cityof Allen, Texas, Dallas/Fort Worth Real Estate Investment #1
Limited Partnership, 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 June 19, 1997, for a period of ten (10) years.
SECTION 5: 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.
SECTION & 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 (mown the affected parts
would be held unconstitutional or invalid.
DULYPASSED AND APPROVED BY THE CITY COUNCILOF THE CITY OFALIEN, TEXAS,
ONTHE ig.�.1DAYOF June .1997.
A PP . �. z --/I
Ron Stcpheri -�% MAYOR
Ar� AS TO FORK ST.
L2&wder'-fTrT NJ-10JUqET J" MorrW% CMC, CITY SECRETARY
-
Ordinance No. 1505-6-97 Page 2
Exhibit A
' City of Allen
Reinvestment Zone # 12
The general description of the Reinvestment Zone is as follows:
BEING, a 16.254 acre tract out of the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas;
said tract being a part of Lot 1 Block 1, Enterprises Addition No. 2, an addition to the City of Allen,
Texas according to the plat recorded in Cabinet G, Page 457 of the Plat Records of Collin County,
Texas; said tract being conveyed to Intecom, Inc. by Special Warranty Deed recorded in Volume
3337, Page 205 of the Deed Records of Collin County, Texas; said 16.254 acre tract being more
particularly described as follows:
BEGINNING at a %2 -inch rod iron found for comer at the intersection of the east right-of-way line of
U.S. Highway 75 (a variable width right-of-way) and the southeast right-of-way line of Enterprise
Boulevard (a 60 -foot wide right-of-way);
THENCE, North 71 degrees, 36 minutes, 02 seconds East, along the said southeast line of Enterprise
Boulevard and the west line of said Lot 1, a distance of 702.25 feet to a'/cinch iron rod found at the
beginning of a curve to the left whose center bears North 18 degrees, 23 minutes, 58 seconds West, a
distance of 320.00 feet from said point;
' THENCE, in a northeasterly direction along the said southeast line of Enterprise Boulevard and said
curve to the left, through a central angle of 59 degrees, 25 minutes, 26 seconds, an arc distance of
331.89 feet to a %2 -inch iron rod with "Pacheco Koch" cap found for corner;
THENCE South 78 degrees, 30 minutes, 00 seconds East, departing the said southeast line of
Enterprise Boulevard and the west line of said Lot 1, a distance of 318.84 feet to a %cinch iron rod
with "Pacheco Koch" cap found for comer in the west right-of-way line of Southern Pacific Railroad
(a variable width railroad right-of-way, 100 -feet wide at this point) and the east line of said Lot 1;
said point being on a curve to the right whose center bears North 48 degrees, 54 minutes, 26 seconds
West, a distance of 2814.79 feet from said point;
THENCE, in a southwesterly direction, along the said west line of Southern Pacific Railroad and the
east line of said Lot 1, the following six calls:
Along said curve to the right, through a central angle of 04 degrees, 47 minutes, 21 seconds,
an arc distance of 235.27 feet to a'/2 -inch iron rod found at the end of said curve;
South 45 degrees, 13 minutes, 18 seconds West, a distance of 99.98 feet to a Ys -inch iron rod
found at the beginning of a curve to the left whose center bears South 43 degrees, 50 minutes,
' 08 seconds East, a distance of 2914.79 feet from said point;
Along said curve to the left through a central angle of 04 degrees, 16 minutes, 10 seconds, an
Ordinance No. 1505-6-97 Page
are distance of 217.20 feet to a'h-inch iron rod found at an angle point;
' North 87 degrees, 47 minutes, 28 seconds West, a distance of 45.29 feet to a %z -inch iron rod
found at an angle point; said point being on a curve to the left whose center bears South 47
degrees, 46 minutes, 26 seconds East, a distance of 2964.79 feet from said point;
Along said curve to the left through a central angel of 19 degrees, 21 minutes, 53 seconds, an
are distance of 1002.03 feet to a'/e-inch iron rod found at the end of said curve;
South 21 degrees, 55 minutes, 24 seconds West, a distance of 109.90 feet to a %cinch iron rod
with "Pacheco Koch" cap found at the intersection of the said west line of Southern Pacific
Railroad with the north right-of-way line of Ridgemont Drive (a variable width right-of-
way);
THENCE, North 87 degrees, 48 minutes, 54 seconds West, along the said north line of Ridgemont
Drive, a distance of 337.54 feet to a %:-inch iron rod with "Pacheco Koch" cap found for corner;
THENCE, North 02 degrees, 11 minutes, 06 seconds East, a distance of 6.70 feet to a %,-inch iron
rod found at an angle point;
THENCE, North 53 degrees, 10 minutes, 56 seconds East, a distance of 10.72 feet to a %:-inch iron
rod with "Pacheco Koch" cap set for comer;
THENCE, North 36 degrees, 49 minutes, 04 seconds West, a distance of 73.00 feet to a '/cinch iron
rod with "Pacheco Koch" cap set for corner;
THENCE, South 53 degrees, 10 minutes, 56 seconds West, a distance of 35.00 feet to a %:-inch iron
rod with "Pacheco Koch" cap found for comer;
THENCE, North 36 degrees, 49 minutes, 04 seconds West, a distance of 5.23 feet to a'h-inch iron
rod found at an angle point; said point being in the said east line of U.S. Highway 75;
THENCE, North 14 degrees, 03 minutes, 05 seconds East, along the said east line of U.S. Highway
75, a distance of 903.23 feet to the POINT OF BEGINNING;
CONTAINING, 708,015 square feet or 16.254 acres of land, more or less
Ordinance No. 1505-6-97 Page
CI
Exhibit B
Ordinance No. 1505-6-97 Page
Exhibit C
L 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') and Dallas/Fort Worth Real Estate Investments #1, Limited
Partnership ("OWNER"), County of Collin and the Collin County Community College District (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. 12 (the "ZONE"), for commercial/mdushial tax abatemem, 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, OWNER'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 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
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 -
Tax Abatement Agreement - Page 1 SSIO168
' WHEREAS, a copy of this AGREEMENT has been furnished, 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 Property is located; and
WHEREAS, the CITY desires to enter into an AGREEMENT with OWNER, 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. Dallas/Fort Worth Real Estate Investments #1, Limited Partnership 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. Dallas/Fort
Worth Real Estate Investments #1, Limited Partnership intends to lease the PREMISES to Peerless
Inc. for the relocation of its Corporate headquarters.
2. The PREMISES are not in an improvement project financed by tax increment bonds.
3. This AGREEMENT is entered into subject to the rights of the holders of outstanding bonds
of the CITY.
4. 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
5. 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.
6. Assuming a combined value of at least $5.5 million in improvements and tangible personal
property excluding the land, and subject to the terms and conditions of this AGREEMENT, the
CITY hereby grants OWNER an abatement of ad valorem taxation on real property with respect to
the PREMISES for a period of ten (10) years in accordance with the schedule described below. The
actual percentage of taxes subject to abatement for each year of this AGREEMENT will apply only to
Tax Abatement Agreement - Page 2 aa10168
' that portion of the taxable 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). The tax abatement
agreement for tangible personal property may only apply to the personal property added to the real
property after this AGREEMENT is executed.
Year
Percentage of Abatement
1998
40%
1999
40%
2000
40%
2001
40%
2002
40%
2003
40%
2004
40%
2005
40%
2006
40%
2007
40%
7. 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.
' 8. During the period of tax abatement herein authorized, OWNER shall be subject to all City
taxation not abated, including but not limited to, sales tax and ad valorem taxation on land.
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the meanings ascribed
to them:
7
A. The PREMISES shall mean the real property described in Exhibit "A"
attached hereto and incorporated herein for all purposes including any improvements and
personal property, excluding inventory, which is added to the property subsequent to the
execution of this AGREEMENT;
B. The IMPROVEMENTS shall mean the contemplated improvements located
on the PREMISES and as further described herein, including but not limited to buildings and
structures added to the property other than inventory.
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.
Tax Abatement Agreement - Page 3 ssro169
' 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 AGREEMENT shall be
1998, 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.
IMPROVEMENTS
10. Dallas/Fort Worth Real Estate Investments #1, Limited Partnership is the owner of the
PREMISES described in Exhibit "A" and agrees to construct or cause to be constructed at least one
office facility of approximately 82,600 square feet (and other ancillary facilities such as 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) known as the Enterprise Business Center. The value
of the office facility including tangible personal property should be at least Five Million Five Hundred
Thousand Dollars ($5,500,000.00) not including the land. Nothing in this AGREEMENT shall
obligate OWNER to construct the Improvements on the PREMISES, but said construction is a
condition precedent upon initiation of tax abatement pursuant to this AGREEMENT. Subject to the
terms and conditions of this AGREEMENT, OWNER is entitled to an abatement of ad valorem
taxation on real property in accordance with Paragraph 6, conditioned upon OWNER, their
successors or assigns, diligently constructing the aforesaid.
CONSTRUCTION OF IMPROVEMENTS
11. 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 Improvements on or before April 1, 1998, as good and valuable consideration for this
AGREEMENT, and that all construction of the Improvements will be in substantial accordancewith
all applicable state and local laws, codes, and regulations, (or valid waiver thereoi); provided, that
OWNER shall have such additional time to complete and maintain the Improvements 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 (unless caused by acts or omissions of OWNER), fires, explosions or floods, strikes,
slowdowns or work stoppages.
Tax Abatement Agreement - Page 4
SS10169
' 12. OWNER agrees to maintain or cause the maintenance of 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 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.
13. 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 OWNER,
and in accordance with OWNER's 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
14. Construction plans for the Improvements constructed on the PREMISES will be filed with the
CITY, which shall be deemed to be incorporated by reference herein and made a part hereof for all
purposes.
15. After completion of the Improvements, OWNER shall certify in writing to the CITY the
construction cost of the Improvements. OWNER shall also annually certify to the CITY that they are
in substantial compliance with each tens of the AGREEMENT.
16. The PREMISES and the Improvements constructed thereon at all times shall be used in the
manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and (i)
that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the ZONE.
17. OWNER represents that they are or will be contractually liable to directly pay the ad valorem
tax on the premises and shall, if applicable, pass on to any tenants, the benefit of the abatement of taxes
granted herein. OWNER shall, upon written request, provide the CITY with satisfactory evidence
that OWNER has passed on the benefits of this AGREEMENT to the tenants of the PREMISES.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event that OWNER fails in performance of any of the following conditions: ()
completion of the Improvements in accordance with this AGREEMENT or in accordance with
applicable State or local laws, codes or regulations; (ii) has any delinquent ad valorem or State sales
taxes owed to the CITY (provided OWNER retain thew right to timely and properly protest such
taxes or assessment); or (w) breaches any of the terms and conditions of this AGREEMENT, then
OWNER, after the expiration of the notice and cure periods described herein, shall be in default of this
AGREEMENT. As liquidated damages in the event of such default, the then OWNER shall, within
Tax Abatement Agreement - Page 5 SS10168
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 the then OWNER of the PREMISES and the
Improvements, shall constitute a tax hen on the PREMISES itself and shall become due, owing and
shall be paid to the CITY within thirty (30) days after termination.
19. Upon breach by OWNER of any obligations under this AGREEMENT, the CITY shall
notify OWNER in writing. OWNER shall have thirty (30) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
OWNER has diligently pursued such remedies as shall be reasonably necessary to cure such default,
then the CITY may extend the period in which the violation must be cured.
20. If OWNER fails to cure 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 OWNER
21. Upon termination of this AGREEMENT by CITY, 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 termination is made. The CITY shall have all
remedies for the collection of the recaptured tax revenues provided generally in the TAX CODE for
the collection of delinquent property tax. The C1TY at its sole discretion has the option to provide a
repayment schedule. The computation of tax revenue abated for the purposes of the AGREEMENT
shah be based upon the full taxable value without tax abatement for the years in which tax abatement
hereunder was received by OWNER with respect to the PREMISES, as determined by the Collin
County Appraisal District, multiplied by the tax rate of the years in question, w calculated by the CITY
Tax Assessor -Collector. Penalties as provided for delinquent taxes shall accrue after expiration of the
thirty (30) day payment period.
I
ANNUAL APPLICATION FOR TAX EXEMPTION
22. It shall be the responsibility of OWNED 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.
Tax Abatement Agreement - Page 6
SS10169
SUCCESSORS AND ASSIGNS
23. 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. This
AGREEMENT may be assigned with the consent of the CITY, which shall not be unreasonably
withheld. Upon assignment the assignor shall be released from all liability hereunder.
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.
CITY OF ALLEN: Mayor and City Manager
City of Allen
One Butler Circle
Allen, Texas 75013
2. OWNER: do Trammell Crow Company
David Noble
' Vice President
Trammell Crow Industrial
Texas Commerce Tower
2200 Ross Avenue, Suite 3700
Dallas, Texas 75201-2770
COLLIN COUNTY: County of Collin
do County Judge
210 S. McDonald Street
McKinney, Texas 75069
4. COLLIN CCD: Collin County Community College District
c/o 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.
Tax Abatement Agreement - Page 7 SS10168
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.
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.
SEVERABUdTY
28. In the event arty 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 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 fully binding on all successors, heirs, and assigns of OWNER who acquire any
right, tide, 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
Tax Abatement Agreement - Page 8 SSIOI68
such PREMISES. Nothing herein shall make the owner of the PREMISES and Improvements liable
for any taxes payable in respect of property of another person, nor shall the PREMISES and
Improvements be subject to any Gen for another person's failure to pay taxes on its personal property.
OF AGREEMENT
33. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Collin
County, Texas.
INCORPORATION OF RECITALS
34. The determinations recited and declared in the preambles to this AGREEMENT are hereby
incorporated herein as part of this AGREEMENT.
.:11: IIA
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 -I— day of� 1997.
iLl
CITY OF ALLEN, TEXAS
By: '4�zo� — f__"C
STEPHEN TFRRE T , MAYOR
ATTEST:
By:�
JUDY MUMSON, CITY SECRETARY
Tax Abatement Agreement - Page 9 ssmles
4
^ ti
' EXECUTED in duplicate originals [Itis the IX� day of-'*6h�IW 1997.
vT-
DALLAS/FORT WORTH REAL ESTATE
INVESTMENTS #1, LIMITED PARTNERSHIP
By:
DA NOBLE
VICE PRESIDENT
J
EXECUTED in duplicate originals this the f ,15tUay of 1997.
COUNTY OF COLLIN
1
By: 9a 4
RON HARRIS, COUNTY JUDGE
EXECUTED in duplicate originals this day oflfzz
1997.
COLLIN COUNTY COMMUNITY COLLEGE
DISTRICT
By:
CAREY COX, TAN
Tax Abatement Agreement - Page 10 U10168
ISTATE 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 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 Q-h-� day of
1997.
Notary Public, State of Texas
Mry�Commissio/'nExpires: Q !�pxpk\ =EALVARE2
t Notary PWAc
\ STATE OF TEXAS
Myc=M MEX"
^^°p,!„'e•” DECEMSER12.1
Tax Abatement Agreement - Page 11 SS10168
f,
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I
I
DALLAS/FORT WORTH REAL ESTATE INVESTMENT #1
LIMITED PARTNERSHIP ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OFCOELEiL7dI1dS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared David Noble being the Vice President of Dallas/Fort Worth Real Estate
Investments #1, Lintited Partnership (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 day of
leAnbe,C 1997.
My Commission Expires:
12a�Gq
Tax Abatement Agreement - Page 12
No blic, State of Texas
JUDITH D.ROBERTSON
i
Notary Public
STATE OF TEXAS
h My Comm. Exp, 0712859
SS10169
7j
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 m 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 4, day of
1997. ^
I < n s
My Commission Expires;
Tax Abatement Agreement - Page 13
Public,
KIMBStY M. SHELDQn
Notary Putft
MATE OFTEXAS
My Comm. Exp, 03-31.99
SS10168
L
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 irulmarteat 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 rapacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1997.
My Commission Expires:
/ ?/_'q�q
1 ax Abatement Agreement -Page 14
Notary he, to ote o T
,,V ,
+°�♦ �eJUDY A. IAGSONE
Nota,yryPublic, Steteoi Texas
�`•�^/ MV Comm. Expires 1.31.98
M10169