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HomeMy WebLinkAbout026808 RES - 05/30/2006RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ULLAH INVESTMENTS, INC., PROVIDING FOR TERMPORARY PROPERTY TAX ABATEMENT WHEREAS, Texas Tax Code, Chapter 312, authorizes the City of Corpus Christi, Texas (`the City ") to enter into Tax Abatement Agreements for projects meeting the guidelines and criteria for granting tax abatement, as amended, duly adopted by the City; and, WHEREAS, the area covered by the attached Agreement is within the Renewal Community and is therefore eligible for tax abatement in accordance with the provisions of the Act, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds and determines that the terms of the proposed agreement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City, and the City further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long -term benefit of the City. SECTION 2. The execution of the Tax Abatement Agreement Attached hereto in substantial form as Exhibit "A" is hereby authorized and approved. Armando Chapa City Secretary APPROVED: May 23, 2006. Ga W. Smith Assistant City Attorney for City Attorney H : LegDir\gws \agenda \2006 \05 -301ta xabatem en U lla h THE C OF CORPUS CHRISTI / ,I .4-a H • my Garr •tt Mayor (4) two (2) year after the date of this Agreement. Fhe determination of the end of the Construction Phase shall be made by the ioverrunental t "nit, in its sole and absolute discretion. based upon the above criteria and such other factors as the Governmental Unit may deem relevant. The determination 01 the end of the Construction Phase by the Governmental Unit shall be �;onclusive. and any judicial review of such determination shall be governed by the substantial ev °idence rule "Abatement'" means the temporary or partial exemption from ad valorem taxes of :,ertain added value to real and personal property in a zone designated for economic development purposes pursuant to the Act E. -Eligible Property" means the buildings, structures, site Improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to he constructed pursuant to this Agreement. A list of the Eligible Property is. set forth in the Project Description which is attached hereto as Exhibit "A" ..ind made a pare hereof. During the Construction Phase of the Eligible Property, the owner may make such change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no such change order may be made which wilt change the qualification of the project as a "Facility" under the t iuidelines and Criteria for Granting Tax Abatement approved by the Governmental :nit F. "Ineligible Property" means land; inventories: supplies; tools; furnishings and other terms of movable personal property: vehicles; vessels; aircraft; housing; hotel accommodations: deferred maintenance investments; property to be rented or leased except as provided in Section 2(e); improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion; any improvements, including those to produce. store or distribute natural gas, fluids or gases. which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the Governmental Unit. G. "Added Value" means the increase In the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." H. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution (enter Facility. Regional Telecommunications /Data Processing Center Facility, Regional Visitor Amusement Facility. Central Business District (CBD) Residential Facility. Renewal Community Facility, or Petrochemical Facility approved by the Governmental L nit as set torth in the Guidelines and Criteria for Granting Tax Abatement adopted by the Governmental unit. 1i :LegDir -gws EcoDev JaxAbate /U11ahRenew(omm Page 2 of ' z The Guidelines and Criteria for Granting Tax Abatement adopted by the Governmental Unit are incorporated as a part of this Agreement. Except as the same may be modified herein, all definitions set torth therein are applicable to this Agreement. III. PROPERTY The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the Governmental Unit as is more fully described in Exhibit `B" attached hereto and made a part hereof. Said Property is located within a zone for tax abatement established pursuant to Chapter 312 of the Texas Tax Code. as amended, by the City of Corpus Christi. Texas. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. nia Personal property $ nia Account No. R292018 Land Improvements $225124 $1,300,000 [he Governmental *Unit and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: SO Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $1.300.000. IV'. 1 ERM OF ABATEMENT AND AGREEMENT The Governmental Unit agrees to abate the ad valorem taxes on the Eligible Property in accordance with this paragraph and paragraphs V and VI hereof. The Abatement shall be effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement shall continue for up to two (2) years during the period of the Construction Phase and for the next three (3) full tax years thereafter, expiring as of December31 of such third tax year. if the period of the Construction Phase exceeds two (2) years, the Facility shall be considered completed for purposes of Abatement, and in no case shall the period of Abatement inclusive of construction and completion exceed five (5) tax years. The years of Abatement provided herein shall in each instance coincide with the tax year commencing on lanuar■ 1 and expiring on December 31. and in no event shall the Abatement extend beyond December 31 of the fifth tax year. This Abatement shall also cover as Eligible Property those H:LegDirgws %EcoDev fax Abate/UllahRenew( olnin Page 3 of a supplemental improvements to the Eligible Property that are added or constructed during the post- construction three (3) year period of Abatement. In no event. however, shall the total Abatement period tier such Eligible Property exceed the maximum five (5) year Abatement period for the entire project as specified herein. The term of this Agreement shall continue for a period of five (5) years following expiration ,,of the abatement period. All terms and conditions imposed upon the Owner shall continue in effect during such period, and the Owner shall be obligated specifically to continue the minimum employment levels specified herein. Any default shall be subject to the provisions of Article VIII Hereof. V. TAXABILITY During the period that the Abatement is effective, taxes shall be payable as follows: (1) The value of the land comprising the Property shall be fully taxable; (2) The Base Year value of existing Improvements comprising the Property shall be fully taxable. (3) The value of Ineligible Propert y shall be fully taxable; and (4) The Added Value of Eligible Property shall be abated as set forth in Part VI herein. V°I. AMOUNT OF ABATEMENT The Abatement provided by this Agreement shall be based upon (for a Renewal Community Facility) for each created one (1) new permanent full -time job per $50,000 of Added Value to a propert y following the completion of construction and maintains the same level of employment for the term of the abatement agreement. the percentage of tax abated shall be in accordance with the following schedule: Construction Period (not to exceed 2 years) Year I Year 2 Year ? Percentage of Abatement 100% 75 °o 75 °io 0° 0 In order to be counted as a permanent job under this Agreement, the job must be a full -time position providing regular work schedules at least 35 hours per week. For compliance purposes, the determination date shall be January 1 of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement shall be based upon the employment information H:LegDir gws- EcoDev' I ax Abate/UllahRenewComm Page 4 oi` as of Januar) of such year As <t result. the actual amount of abatement may vary from year to year based upon employment levels and property valuations. Note: If this project is designated as a "rehabilitation project" under the Guidelines and Criteria which involves the adaptive reuse of an existing structure or building for a Facility, the project must involve a minimum capital expenditure of $250,000. The rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value of the land and the existing improvements. The Owner and Owner`s landlord specifically disclaim any abatement for improvements to the building, and the covenants and obligations hereof shall not he binding upon Owner's landlord. The sole Eligible Property subject to abatement shall be the value of personal property such as furniture and movable equipment installed by Owner which would otherwise be considered Ineligible Property fo- any other type of abatement category. In no event, however, may the total value of such personal property subject to abatement exceed 81 million.] At the time of execution of this Agreement, the Owner reasonably estimates and represents the (governmental l_;mt that the Added Value comprising permanent Improvements upon completion of the Construction Phase shall be: I,300 0000 ( "Estimated Added Value "). In the event that upon completion of the Construction Phase the Added Value of permanent Improvements, as determined by said Appraisal District, shall at any time thereafter during the period of Abatement be less than eight -five percent (85 %) of the Estimated Added Value, not due to circumstances beyond the control of Owner. the Owner agrees to pay, as additional taxes hereunder. an amount equal to the then current tax rate of the Governmental Unit applied to the difference between the Added Value from eighty -five percent (85 %) of the Estimated Added Value, multiplied by 100% minus the net percentage of Abatement provided under this Agreement. For the purposes of this provision. the term "circumstances beyond the control of Owner' shall include casualty losses. national economic factors. shutdowns due to governmental regulations, strikes. acts of war: and the like. The formula for calculating such additional tax is a-'utlined as follows Tax Rate! x [(85 °r° of Est. Added Value - Actual AV) x (100 °ro - Abatement %)] = Additional Fax. VII. CONTEMPLATED IMPROVEMENTS The contemplated improvements are set forth in the Project Description attached as Exhibit '`A." During the Construction Phase. the Owner may make such change orders to the project as are reasonably necessary, provided that no such change order may be made which will change the qualification of the project as a "Facility" under the Guidelines for Granting Tax Abatement approved by the Governmental Unit. All improvements shall be completed in accordance with all applicable laws_ ordinances, rules or regulations. During the term of this Agreement, use of the 11:LegDn gwsiEcoDev lax -vbate /UllahRenew( ornm 'age 5 of 1 Property shall be limrtec to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. Owner represents and warrants that this project will add at least 26 additional permanent or full -time operating or contract employees to the project site. The current estimate of employment upon completion of construction is 26. .Fhe project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces Count v to another. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of 26 permanent jobs by the January 1 following the completion of construction, no abatement shall he given for that tax year. and the full amount of taxes assessed against the property shall be due and payable for that tax year. hi the event that the Owner fails to begin operation with the minimum number of 26 permanent jobs by the next January then the abatement Agreement shall terminate and all abated taxes during the period of construction shall be recaptured and paid within 60 days of such termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation with the required minimum number of 26 permanent jobs but subsequently discontinues operations and the minimum number of 26 permanent johs is not maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to tire, explosion or other casualty or accident or natural disaster, the Agreement may be terminated by the Governmental Unit, and all taxes previously abated by virtue of the Agreement shall he recaptured and paid within 60 days of such termination. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly tollow the legal procedures for their protest and/or contest. this Agreement shall terminate and so shall the abatement of the taxes tor the calendar ear of the delinquency. The total taxes assessed without abatement for that calendar year shall he paid within sixty (60) days from the date of termination. Penalty- and interest shah not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following such sixty (60) day notice. at Nvhich time penalty and interest shall accrue in accord ith the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement shall, of course, begin to accrue as of the date such taxes v, ere due in accord with the laws of the State of Texas. D. Notice of Default. Should the Governmental Unit determine that the Owner is in default according to the terms and conditions of this Agreement, it shall notify the Owner that ii such default is not cured within sixty (60) days from the date of such notice (`Cure Period' ). then this Agreement may be terminated. In the event the Owner fails to cure R:LegDir gws EcoDev 1 axAbate /UllahRene■ omm Page 6 ot 1 said default during the Cure. Period, this Agreement may be terminated and the taxes abated by y irtue • ,f the Agreement will be recaptured and paid as provided herein. E. Actual Added Value. Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value such that a lower percentage of Abatement is applicable, for each year during which an Abatement has been granted the difference between the tax abated and the tax which should have been abated based upon the actual Added Value shall be determined by the t governmental t nit and paid within 60 days of notification to the Owner of such determination. Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such sixty (60) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. Reduction in Rollback Tax Rate. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the Governmental Unit but is not treated as new property value' (as defined in Section 26.012 (17) of the l exas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the `rollback tax rate' in accord with Section 26.04 (c) (2) of the Texas Tax t 'ode and if the Governmental Unit's budget calculations indicate that a tax rate in excess of the 'rollback tax rate is required to fund the operations of the Governmental I. nit for the succeeding year. then the Governmental Unit shall recapture from the t )wner a tax in an amount equal to the lesser of the following: the amounti of the taxes abated for that year by the Governmental Unit with respect to the Property (2 ► The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the Governmental t nit. If the Governmental 1 nit has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated in accord with subparagraph (2) above shall be prorated on the basis of the value of the abatement with respect to each taxpayer. This event shall not constitute a `dethult' under this Agreement, and the sixty (60) day Cure Period provided above shall not apply. Such recaptured taxes must be paid within thirty (30) days after notice thereof has been given to the Owner. Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such thirty (30) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. G. Continuation of Fax Lien. The amount of tax abated each year under the terms of this Agreement shall be secured by a first and prior tax lien which shall continue in existence from vear n veal until such time as this Agreement between the H :LegDirgws /EcoDeN, 1 axAbate /UllahRenew( tanm Page 7 of (,overnmental Unit and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured. are paid in fail. In the event of any default by Owner. the governing body of the Governmental Unit reserves the right to terminate or modify this Agreement. Owner shall be afforded written notice of such default and the opportunity to cure as provided above. If Owner believes such action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the Governmental Unit. Owner shall remit to the Governmental t .'nit. within such (0 -day period. any additional or recaptured taxes levied pursuant to the payment provisions of Texas Tax ('ode 42.08. If the final determination of the appeal increases Owners tax liability abo e the amount paid. Owner shall remit the additional tax pursuant to i ax Code 4242. if the tinal determination of the appeal decreases Owner's tax liability, the Governmental Unit shall refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable pursuant to Tax Code § 42.43. IX. ADMINISTRATION Inspections. The Owner shall allow employees and /or representatives of the Governmental (;nit to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty -four (24) hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and /or operation of the Facility All inspections will he made with one or more representatives of the Owner and in accordance with Owner's -safety standards. Appraisals. The Chief Appraiser of the Nueces County Appraisal District shall annually determine (i) the taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, and (ii) the full taxable value without Abatement of the real and personal property comprising the Property. The Chief Appraiser shall record both the abated taxable value and the full taxable value in the appraisal records The full taxable \ alue figure listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Each year the Owner shall furnish the Chief Appraiser with such information outlined in Chapter 22. Texas Tax Code, as amended, as may be necessary tier the administration of the Agreement specified herein. Annual Reports. Owner shall certify to the governing body of the Governmental Unit on or Pefore April I each year that the Owner is in compliance with each applicable term of this Agreement. Additionally. during the Initial four years of the term of property tax abatement, Owner shall provide to the Governmental Unit an annual report covering those items listed on Schedule I attached hereto in order to document the eftorts of the Owner to acquire goods and services on a local basis. Such annual report shall be prepared on a calendar year basis and shall be submitted to the Governmental Unit no later than ninety (90) days following the end of each such calendar year. The annual report shall be accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. It:LegDir g.as,EcoDel 1 ax Abate /UllahRenew( wnm Page of I 'Buy Local' Provision. The Owner additionally agrees to give preference and priority to local manufacturers, suppliers. contractors and labor. except where not reasonably possible to do so without added expense_ substantial inconvenience. or sacrifice in operating efficiency. In any such exception cases invok/ing purchases over S 10.000.00 a justification for such purchase shall be included in the annual report. The Owner further acknowledges that it is a legal and moral c)bligation of persons receiving property tax abatements to favor local manufacturers, suppliers, . ontractors and labor, all ether factors being equal. For the purposes of this provision, the term - local' as used to describe manufacturers. suppliers_ contractors and labor shall include firms, usinesses, and persons who reside in or maintain an office in either Nueces County or San Patricia County In the event of a breach of the buy local provision, the percentage of abatement shall be proportionately reduced by the amount the disqualified contract bears to the total onstruetion cost for the project X. ASSIGNMENT The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned. directly or indirectly, by one of the Owners. or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner. is a general partner. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the Governmental Unit, which consent shall not be unreasonably withheld Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. In the event more than one entity is Owner hereunder, the obligations of said entities shall be joint and several. Any assignment of this Agreement shall he to an entity that will provide substantially the same mprovements to the Property, except to the extent such improvements have been completed. No assignment shall be appro\ ed if the Owner or any assignee is indebted to the Governmental Unit for ad valorem taxes or other obligations XI. NOTICES Any notice required ter be given under the provisions of this Agreement shall be in writing and shall he duly served when it shall have been deposited, with the proper postage prepaid thereon- and duly registered or certified, return receipt requested. with the United States Postal Service- addressed to the Governmental Unit or Owner at the following addresses. If mailed, any notice or communication .;hall he deemed to be received three days after the date of deposit in the United States Mail. i_ finless otherwise provided in this Agreement, all notices shall be delivered to the following addresses: To the Governmental Unit: CITY OF CORPUS CHRISTI, TEXAS 1 201 Leopard Street P 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager H:LegDir gwsiEcoDev'I ax Abate /UllahRenew( omm Page ot 1 To the Owner: t LLA INVESTMENTS. INC. 5220 i \yers Corpus Christi, Texas 78415 Either party may desi mate a different address by giving the other party ten days' written notice. This ,agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this dax of GOVERNMENTAL 1 N1.1 -: ATTEST . 2006. CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa. City Secretary George Noe, City Manager APPROVED AS TO FORM: By: Gary W. Smith, Assistant City Attorney for Mary Kay Fischer, City Attorney OWNER: H:LegDir gwsiEcoDe 1 axAbate /U11ahRenewC'omm Page 10 of I t LLA INVESTMENTS, INC. By: Aman Ullah President SCHEDI Ll: 1 Buy Local" Annual Reports [he following information shall he reported to the Governmental Unit on a calendar -year basis during the first four Years of the tax abatement program: Dollar amount spent for materials* (local). Dollar amount spent for materials (total). Dollar amount spent for labor ** (local). Dollar amount spent for labor ** (total). Number of lobs created in the construction project (local). Number of lobs created in the construction project (total). Number of lobs created on a permanent basis (local). Number of lobs created on a permanent basis (total ). * 'Materials' is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, tire proofing. piping, electrical, instruments, paintings and scaffolding. insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily- available locally. ** `Labor is defined to include all labor in connection with the excavation, site improvement, demolition. concrete construction. structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design [he term local' as used to describe manufacturers, suppliers. contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio Count H: LegDir,' gws /EcoDev Tax Abate /UllahRenew( omm Page 1 1 or 1 Exhibit A Corpus Christi Project Plan \tay 23. 2006 This project will construct and operate a LaQuinta Inn and Suites with more at least 26 positions. The site is currently vacant. Permanent improvements S 1,300,000 Estimated capital S 1.300,000 H:LegDir gws /EcoDev %'TaxAbate /UllahRenew( omm Page 12 of 1