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HomeMy WebLinkAboutC2007-447 - 10/23/2007 - ApprovedTAB A-BATENIENT AREEl1~ENT THE STATE ~F TEA ~~JNTY ~~' NEE This Tax ~batament Agreement {hereinafter referral to as the `Areer~ent"} is ~.ada and enteral into by and bet~raen the CITY ~F ~RPU I~RLIST~, TEA the `overnl~lentai Unit'} and Nueces ~ota~ holdings, L.P., a Texas lin~~ted partnership the `Owner'}, the owner of taxable property in the qty of carpus hrlstl, Texas, 303 Buff~.lo treat, Lot 17B, Forest Park A[~dltlon ~, corpus Christi, Nueces bounty, Texas the "Property'}. I. AUTHORI~ATI~N This Agreement is authorized by the Texas Property ~edevalopment and Tax Abatenrxent A.ct, Texas Tax bode, ~haptex ~ I , as arnandel the `Act' }, and is sub j eat to t~.e ~a~ of the state of Texas and the charter, ordinances, and orders of the Oover~~nental Unit. IL DEFINITION As used 1n this Agreernent, the fallor~g tarns shall have the rrieanins set fah below. A. `Base Year value' means the assessed value of the Improvements on the Property as cert~fted by the Nueces Jaunty Appraisal District as of the January ~ preceling the execution of this A.gree.ent plus the agreed upon value of Imprave~nents ~,ade after January 1 but before the execution of this Agreement. B. `Improven~ants" means the bu11d1ngs ox portions thereof and other Irnproverr~ent, znclud~ng fixed machinery and equiprr~ent, used far cana.ercial or industrial purposes on the Property. `construction Phase" means the period during which a rnaterral and substantial improvement of the Property occurs which represents a separate anal distinct construct~an operation undertaken for the purpaso of erecting the Impravernents. The construction Phase ends upan the earliest to occur of the fallav~ing events: ~~ } when a certlf icata of occupancy ~s zsued far the project ~1f ~vlthln 1t~ l~~ts}; ar ~~~ hen co.rnexc~a~ ~~oduct~on of a product or provision of a service is achieved at the facility, or ~~} when the architect o~ eng~naer supervising construction issues a certificate of substantial completion, or same simzlar instrument, or ~OU7-447 101~31U7 ~~~~~ Developm~ntl~'ax a~aternent ~greementRe~Roo#~nn U71015re~tew comm.d~c ~~~~ Nueces Hv~el Hoiding~ (4} two {2) years after the date of this Agreement. The determination of the end of the construction Phase shall be >rx~ade by the Crovernental Unit,ln its sole and absolute dlscxetlan, based upon the above criteria and such other factors as the Governmental Unit may deem relevant. The deter~n~natian of the end of the construction Phase by the Governmental Unit shall be conclusive, and any judicial review of such determination shall be governed by the substantial evidence rule. ~. ".~baterrrent" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in gone designated f'or ecanoznic development purposes pursuant to the Act ~, "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 be constructed pursuant to this agreement. A. list of the Eligible Property is set Earth in the Project Description which is attached hereto as Exhibit "A'} and made a part hereof. During the Construction Phase of the Eligible Property, the finer nay nuke 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 v~ill change the qualification of the pia j ect as a "Facility" under the Guidelines and. Criteria for Granting Tax Abatement approved by the Governmental Unit. F. "Ineligible Pxoperty" zneans land; inventories; supplies; tools; furnishings and other farna.s of n~avab~e personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance Investments; property to be rented or teased except as provided in section ~~e}; improvements far the generation or transmission of electrical energy not v~hally consumed. by a 1Ve~r Facility or expansion; any irrzp~rovements, including those to produce} store ar distribute natural gas, fluids or gases, which are not integral to the operat~an of the Facility; improvements to real property which have an economic life of less than ~ 5 years; property ov~ned ax used by the state of Texas or its political subdivisions or by any organization awned, operated or directed by a po11t1ca1 subd~v~sron of the State of Texas; unless any of the above types of property are speclfically authorized by the Governmental Unit. U. "~4dded value" rriean the increase Zn the assessed value of the Eligible Property s a result of "expansion" or "n~odern~zat~on" of an exlst~ng fac~~~ty or construction of a "ne~v facility." Zt does not nrzean or include "deferred rrlaintenance." ~. "Facility" means a basic l~Ianufacturing or service Facility, Regional Distribution Center Faci~~ty, ~~~an~l TeleconamunicationslData Processing tenter Facility, egl0na~ ~1Sltor A.n~usernent Fac~l~ty, Central Business District ~CBD} Residential Facility, ~ene~al Coxntnunity Facility, or Petrochemical Fa~~I~ty approved by the Governmental Unit as set forth ~~ the Cr~idelines and Criteria far Granting Tax H:ILEG-DIR15i~aredlGary~lEc~namic DevelopmentlTax abatement agreementRedRo~fln~ 071D15r~new comm.d~c Page~ofl~ Abatement adopted ~ the governmental Unit. Tl1e guidelines and criteria far granting Tax Abatement adopted by the governmental Unit are incorporated as a part of this Agreement, Except as the carne lnay be modified herein, all defrnltlans set forth therein are applicable to this Agreement. IY~. P~~P~T~ The Property is an area within the pity of corpus Christi, Texas, located in whole ar in part 1th1n the ~ur~sdretlon of the governmental Un1t a ~s more fully described ~n Exhlb~t "B" attached hereto and made a part hereof. laid Pxoperty is located Within a gone for tax abatement established pursuant to chapter 312 of the Texas Tax fade, as amended, by the pity of corpus hr~stl, Texas. The Nueces bounty Appraisal district has established the folla~ing values far the Property as of the January I valuation date prior to the date of execution of this Agreement, Account No. n/a Personal property $ n/a ~Acc~unt Igo. ~a~35~48 Laid 250,~~0 ~pro~e~n~s $~Oa The governmental Unit and the ~~vner agree that the value of any additions to the Improvements made after January 1 or not other rise reflected on the above valuation of ~rnpravements is: Additional Improvernents: $a Addition of the above amount to the valuation of the Xr~proven~ents as of the January 1 valuation date prior to the date of execution of this Agreement results in. a Base Year Value as folla~vs: Base dear Value: ~~0,~~~, IV. TEAM ~~ ABATEMENT A~1D Ag~E1~~1ENT The governmental Unit agrees to abate the ad valorem taxes an the Eligible Property in accordance with this paragraph and paragraphs V and VI hereof. The Abatement shall be effective v~ith the January 1 valuation date immediately following the date of execution afthis Agreement, The Abatement sha~~ continue far up to two ~~} years during the period of the onst~uction Phase and for the next three ~} full tax years thereafter, expiring as of Deceber3l of such third tax yeas. If the period of the onstructlon Phase exceeds tvva ~~} years, the Facility shall be considered completed for purposes of Abatement, and rn na case shall the period of Abatement inclusive of construct~an and completion exceed five ~~~ tax years. The years of Abatement provided herein shall in each instance coincide with the tax year commencing on January I and expiring on ~ecerr~ber ~ 1, and i~. no event shall the Abatement extend beyond H:ILEG-I~IRlsbaredlGarry~l~canomic Deveio~mentlTax abatement agreemet~tRe~Rooflnn ~~ 101 Sr~new comm.doc Page 3 of 13 December ~ I of the fifth tax year. This Abatement shall also cover as Elilb~e Property those supplerriental in~pxove~nents to the Eligible Property that are added or constructed during the post-construction three ~3}year period ofAhaternent, Zn no event, however, shall the total Abatement period for such Eligible Properly exceed the maximum five ~~} year Abatement period for the entire p~o~ ect as specified herein. The tee of this Agreement shall continue for a period of five ~5~ years following expiration of the abatement period. A.11 terms and conditions unposed upon the Owner sha11 continue in effect during such period, and the Owner shall be obligated specifically to continue the n~~nx~nu employment levels specified lae~ein. Any default shalt be subject to the provisions of Article 1ZI hereof. V. TA~A,~~~xTY During the period that the Abatement is effective, taxes shall be payable as follows: ~l} The value ofthe land cozriprising the property shall be fully taxable; ~2} The Base Year ~a1ue of existing Improvements comprising the Property shall be fu11y taxable; ~3} The value of Ineligible Property slaal~ be fully taxable; and ~4} The Added value of Eligible Property shall be abated as set forth in Part VI herein. 'V~.A~U~T ~~` ABA,T~l1~NT The Abatement provided by this Agreement shall be based upon for a Renewal Oommunity Facility} for each created one ~I} new permanent full-tune job per SO,~oo ofAdded value to a property following the completion. of construetian and rnaintazns the same level of employrn~ent for the term of the abatement agreement, the percentage of tax abated shall be in accordance with the following schedule: Percenta e of Abatement construction Period I Oo°I~ knot to exceed Z years} Year 1 75°IQ dear ~ 75°Io Year 0°Io In order to be counted as a permanent job under this Agreement, the job must be a full-time paslt~on providing regular work schedules at least 35 hours peg week. Far compliance purposes, the determrnat~on date sha11 be January I of each year carr~naen.e~ng with the January I following the date of completion of construction. The percentage of abatement H:1LEG-DIR1Sharedl~rarySlEe~namic Developmentl`~ax abatement agreetnentRedRnoflnn ~71015renew ~omm,dac Pale 4 of 1 ~ provided each year under this A.grecment shall be based upon the employment information as of January l of such year. ~ a result, the actual amount of abatement .ay vary frarn year to year based upon employment levels and property valuations. Note: if this project is designated as a "rehahiiitation project" under the ruldellnes and rlterla which involves the adaptive reuse of an existing structure or building far a FaC111ty, the project must involve t711I11n]U.n1 capital e~pendlture of ~~a,~~~. The rehab~iltatlon prod ect rriust involve the adaptive reuse Of an exlst~ng structure or building currently on the property tax rolls so that the tae Year value associated with the project will include bath the value of the land and the existing irnpxoveents. The ~wne~ and owner's landlord specifically disclaim any abatement For improvements to the building, and the covenants and. abiigatior~s hereof shall not be binding upon owner's landlord. The sole Eligible Property pub j ect to abatement shall he the value of persanal property such as furniture and movable equipment installed by owner which would otherwise be considered Znelrglble Property for any other type of abatcn~ent category. ~n no event, however, may the total value of such personal property subject to abatement exceed l rnrllion,] At the time of execution of this Agreement, the owner reasonably estimates and. represents to the governmental Unit that the .Added ~Talue comprising permanent lmprovernents upon canap~etion of the instruction Phase shall be: ~,35~,00~ ~"Estimated Added value"} of which 65~,0~~ is eligible far tax abatement. In the event that upon completion aF the Construction Phase the Added value if permanent improvements, as determined by said Appraisal District, shall at any tune thereafter during the period of Abatement be less than eight-~~ve percent ~8~°Io} 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 tai rate iF the Crovernental Unit applied to the difference between the Added value from eighty-five percent ASS°Io} of the Estimated Added ~Talue, rnultipl~ed by ~ ~~°Io rriinus the net percentage of Abaterrient provided under this A.greernent. For the purposes of this provisxin, the term {`circumstances beyond the control of Owner" shall include casualty losses, national ecinornic Factors, shutdowns due to governmental regulations, strikes, acts of war; and the like, The formula for calculating such additional tax is outlined as follows: Tax lute] x ~~8~/a of Est. Added value -Actual A~} ~ alas°Io -Abatement°Io}] = ,Additional Tai. ~~~, TEI4~PLATL~] ZPR~~EN~LI~~ The contemplated irnprivenaents are set faith. in the Project Description attached as Exhibit "~. " wring the Construction Phase, the owner may make such change orders ti the bra j ect 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 uidellnes for Crranttn Tax Abatement H.1~,EG-DIRI~are~IGary5lE~~nomic DevelopmentlTax abatement a~reementRedRaa~nn a?1015renew camm.doc Page S of 13 approved by the governmental Unit. All improvements shall be camp~eted in accordance v~ith all applicable lags, ordinances, pules ar regulations. During the term of this Agreement, use of the Property shall be lirn~ted to operation of the Facility described in the Project Description consistent v~ith the general purpose of encouraging development ar redevelaprnent of the zone during the period of this Agreement. ~v~ner represents and warrants that this pia j act v~i~l add at least one ~ I } additional permanent or full~tirrie operating ar contract employee par $5~,~a~ of Added Value to the property follau~ing the completion of construction and maintain the same level of employment for the term of the abatement agreement. The project is not expected to solely or primarily have the effect oftransferring employment from one part of ~ueces Jaunty to another. ~Yx~i. E~~N~' ~F D~FA~J~T AND ~APTU A. Fai~u~e to omnaence ~ eratian During Tema of A regiment, In the event that the Facilit is not coin leted and does not be in o oration Frith the minimum number of 5~ ~ ~ g p permanent jobs by the January l following the campletian of construction, no abatement shall be given far that tax year, anal the full amount of taxes assessed against the property shall be duo and payable for that tax year. In the event that the ~~rner fails to begin operation with the minimum number of 5 a per~.anent j obs by the next January I, then the abatement Agreement shall terminate and all abated taxes during the period of canstruct~on shall be recaptured and paid ~th~n ~a days of such termination. B. Discontinuance of ~ erations burin Terre of Abatement. In the event the Facility is completed and begins operation with the required nair~irnum number of permanent jabs but subsequently discontinues ape~ations ar the nainimurn number of permanent jobs is eat maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a tomparary basis due to fire, explosion or other casualty or accident or natural disaster, the Agreement may be terminated by the ~avernmental Unit, and all taxes previously abated by virtue of the Agreement shall be recaptured and paid within ~a days of such termination. Delinquent `fixes. In the event that the ~~vner ailos its ad valorem taxes to became Jelin uent and fails to timely and properly fallo~r the legal procedures for their protest andlor contest, this Agreement shall terminate and so shall the abatement of the taxes far the calendar year of the delinquency. The total taxes assessed without abatement for that calendar year shall bepaid~vithin~daysfromthedateaftern~aination. Penalty and interest shall 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 fallov~ing such sixty {Ga} day notice, at which time penalty and interest shall accrue in accord with the lags of the State of Texas. Penalty and interest on the amount of taxes originally ~e~ied based upon the Abatement shall, of course, begin to accrue as of the date such taxes v~ere due in accord v~ith the lags of the State of Texas. H:1~EG-DIRISnaredlGarySlEc~nomic Deveiogmetttl~'ax abatement a~reementRedRnoflnn ~71~t~rene~v comm.dnc Page of 13 D. Native of Default. Shauld the Governmental Unit determine that the Gwner is in default accordin to the terns and conditions of this Agreement, it shall notify the owner that i~' g such default is not cured within sixty ~b~} days from the date of such notice ~` lure Period'}, then this Agreement may be terminated. In the event the Owner fails to cure said default during the lure Period, this Agreement may be terminated and the taxes abated by virtue o~ the Agreement will be recaptured and paid as provided herein ~. A.ctual Added 'ague, Should the Nueces our~ty Appraisal District determine that the total level of Added Value during any year of the terra 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 Governmental Unit and paid within 6~ days of not~ficatian to the Gwner of such determinatlan. Penalty and interest shall not begin to accrue upon such sum until the first day of the rrionth fallowing such. sixty ~~~} day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas, F. Reduction in Rollback Tax date. If during any year of the period of Abatement any pardon of the abated value is added to the current total value af' the governmental Unit but is not treated as `new property value' has defined in Section ~~. ~ I ~ 1 ~} of the Texas Tax bode} far the purpose of establishing the "affective maintenance rate" ire calculating the `rollback tax rate' in accord with Section ~G,~4 ~c~ ~~} of the Texas Tax fade and if the Governmental Unit's budget calculations indicate that a tax gate in excess of the `rollback tax rate' is required to fund the aperat~ons of the Governmental Unit for the succeeding year, then the Governn~.ental Unit shall recapture franc the Owner a tax in an amount equal to the lesser ofthe following: ~ I } The a~m.aunt of the taxes abated for that year by the Gavernn~ental Unit with respect to th.e Property. ~~} The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value frarn 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 Unit. If the Gavernnaental Unit has granted an abatement of taxes to rno~e than one taxpayer, then the amount of the recapture calculated in accord with. subparagraph ~~} above shall be prorated on the basis of the value of the abatement with respect to each taxpayer. This event shall not constitute a `default" under this Agreement, and the sixty ~~0} day Oure Period provided above shall not apply. Such recaptured taxes must be paid within thirty {~} days after notice thereof has been given to the Owner. Penalty and interest shall not begin to accrue upon such Burn until the first day of the month fo~iowing such thirty ~~~} day nonce, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. H:1L~G,DIRISharedlC~aryslEcon~mic DevelopmentlTax abatement agreetnentRed~noflr~n ~71~15ren~w comm.doc Page 7 of ~ 3 C~. Continuation of Tax 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 frol~ year to year until such time as this A,green~ent between the Co~ernn~ental Unit and owner is fu11y performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full, In the event of any default by Owner, the governing body of the C~o~ernmental Unit reserves the right to terminate or modify this Agreement. Owner shall be a~'forded written notice of such default and the oppartun~ty to cure as provided above. l~ Qwner believes such action was improper, owner may file an appeal in Nueces County district court within sixty ~~a} days after written notice of the action by the governmental Unit. Owner sha11 remit to the Governmental Unit, wzth~n such GO-day period, any additional or recaptured taxes levied pursuant to the payment provisions of Texas Tax Code ~ 42.aS. Ifthe final deter.ination ofthe appeal increases Gwner's tax liability above the arrlount paid, Gwner shall remit the additional tax pursuant to Tax Code ~ 42.4. If the final determination of the appeal decreases Gwner' tax liability, the Governmental Unit shall refund the Gwner the difference between the amount of tax paid and the mount of tax for which Gwner is liable pursuant to Tax Code ~ 4Z.43. ~, .A~1VII~ITITI~I~ ~ns~ections. The Dwner shall a11ow employees a~dlor representatives of the Governmental Un1t t~ have access to the Property during the term of this Agreement to insp~Ct the Faclllty to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the glving of twenty-Four X24} hours prlar notice and will Dnly ~?~ COndllcted in such rrzanner as to not unreasonably interfere with the construction aridlor operation of the ~`acility. All inspections will be made wlth one ar mare representatives of the Gwner and in accordance with Gwner's safety standards, ~ ra~sa~s. The Chief Appraiser of the ~Iueces County Appraisal District shall annually deterrnrne ~i} the taxable value of the real and personas property comprising the Property taking Into consideration the Abatement provided by this Agreeinen.t, and {ll} the full taxable value without Abatement of the real and personal property corriprising the Property. The Chief Appraiser shall record bath the abated taxable value and the full taxable ~ralue in the appraisal records. The fu11 taxable value ~iguxe listed in the appraisal records sha11 be used to compute the amount off' 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 Gwner shall furnish the Chief Appraiser with such information outlined in Chapter 22, Texas Tax Cade, s amended, as maybe necessary for the administration ofthe Agreerrierit specified herein. Annual Reports. Dwner shall certify to the governing body of the Gavernrrienta~ Unit on or before April 1 each year that the Gwner is in com.p~iance with each app~zcable term of this Agreement. Additionally, during the initial four years of the term of property tax abate>r~nent, Gwner sha11 provide to the Governrrienta~ Unit an annual report covering those sterns ~~sted on schedule I attached hereto in order to document the efforts of the owner to acquire gaols and services on. a focal basis. such annual report shall be prepared on a calendar year basis and shall H:ILEG-DIRIharedlGarySlEconomic Deve~opmentlTax abatement areement~edRooflnn 071015rene~+ comm.doc Page s ~~ i be submitted to the Governmental Unit no later than ninety ~~~~ days fallowing the and ~#' each such calandar year. The annual report shall be accompanied by an audit letter prepared by an Independent accaunting f~rrn which has reviewed the report. "Buy focal' _Provlslon. The Owner additiona~~y agrees to give preference and. priority to 1oca1 manufacturers, suppliers, contractors and labor, except where not reasonably possible to do sa without added expense, substantial inconvenience, or sacrifice 1n aperatln efficiency. In any such exception cases involving purchases aver 1 ~,~~0.~~ a ~ustifcation for such purchase shall be included in the annual report. The Owner further acknowledges that it is a legal and rr~oral obligation of persons receiving property tax abaterr~ents to favor 1oca1 manufacturers, suppliers, contractors and labor, all other factors being equal. ~'or the purposes of this provision, the terra `local" as used to describe manufacturers, suppliers, contractors and labor shall include ~rzns, businesses, and persons who reside ~n or rna~nta~n an office in either Nueces bounty or fan Patricia bounty, In the event ~~ a breach of the buy local provision, the percentage of abatement sha11 be proportionately reduced ~ to the amount the disqualified contract bears to the total construction cast for the pra~ect. ~,INIVIENT The Owner may assign this Agreement to any one or rr~ore corporations}, D% or mare of the outstanding voting securities of which are owned, dixect~y or indirectly, by one of the Owners, or any partnerships} or limited partnerships} in which an Omer, or a subsidiary of n 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 Cavernxnental 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 tha assignor and become the Owner upon the same terms and conditions as set out in this Agreement. In the event more than one antity 1s Owner hereunder, the obligations of sold entlt~es shall be ~ Dint a~ad several. Any assignment of this Agreement shall be to an entity that wi11 provide substantially the sarnc in~pravernents to tb.e Property, except to tha extent such irnprovem.ents have been completed. No assignment shall ba approved if the Owner or any assignee is indebted to the C avernrnental Unit for ad valorem taxes or other obligations. ~, ~~TIE Any notice required to be given under tha provisions of this A.greernent shall be in writing and shall be duly served when it shad 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 follawi~ag addresses. Zf mailed, any notice or communication shall be deemed to be received three days after the date of deposit ~n the Unltad states a11. Unless otherwise provided 1n th.1s Agreement, all notices shall be delivered to the following addresses: H:ILEG-DIRlsbaredlGarySlEconamic Development~Tax abatement a~reementRedRo~flnn ~71Q15renew comm.~oc Page 9 of 13 TO the Co~ernental Unlt. ZTY ~~` CRPUS CHRISTI, TEAS 1201 Leopard Street P. 0, fox X277 corpus Christi, Texas 7~~~9 Attn: pity Manager To the C~vrrer: Nueces Hotel Holdings, L.P, X401 Allen Parkv~ay, Suite 200 Houston, Teas 770I9 Attn: I~a~~d Hillman dither party may designate a di~~'erent address by gi~ring the other party ten days' written notzce. This Agreement bias been executed by the parties in multiple originals or counterparts, each havYng full farce and effect. Executed this day of , 2007. CO~VERNMENTAL UNIT: ATTEST; ITS CF ~RPUS CHRISTI, TE~A.S By: Armando papa, pity ec tart' APPR~~E~ AS TC ~'~RM: $` ~ y~ Cary .Smith, Assistant pity Attorney for Il~ary I~ay ~'i Cher, ity Attorney C~VNER: By: G r oe, City Manager 2~ e~~;~..~`~Q . A~~~HUltitt~ ~T ~~cl~ [ o a3~ ~ •~YMM~ S~CR£~ARY ~° Nueces Hotel Holdings, L,P~ y~ Da~rid Hillman Nice-President Nueces Park A.sociate, Inc. General Partner H:ILEG-DIR1hare~l~ary~lEconomic DevelopmentlTax abatement agreemer~tl~edRao~Inn ~71~15renew camm,~~c Page 10 0~ ~ 3 ~IEDULE 1 "buy Local' Annual Reports The follatng infornatian shall be reported to the ovemental Unit on a calendar-dear basis during the first faun gears of the tai abatement program: 1 ~ dollar amount spent far rnaterials~ ~lacal}. ~. Dollar amount spent for materials total}. 3. Dollar amount spent for labor** {local). 4. Dollar amount spent fox labor** (total). S. Number of jobs created in the constructian project local}. ~, Number of~obs created 111 the constructian project ~tatal}. 7. Number of jobs created on ~ pnanent basis ~lacal~. S. Number of jobs created on a permanent basis total}. ~ `ll~aterials' is defined to include all materials used 1n excavation, site improvement, demolition, concrete, structural steel, fire praafin, piping, electrical, instruments, paintings and scaffolding, insulation, teinpo~ar~ construction facilities, supplies, e~uiprnent rental in construction, small taals and consun~ables. This term does nat include major items of achinexy and equipment not readil~~available locally. '~'~ {Labor' is defined to include all labor in connection with the excavation, site iiprovei~ent, der~lOlltiOn, concrete construction, sttL~Ctural steel, ~~'~ proofing, eC~Uipnlent placement, piping, electrical, instruments, painting and scaf~aldin, insulation, construction services, craft benefits, p~.~roll burdens, and related labor expenses, This term does not include engineering services in connection vrith the project design. The term "local' as used to describe manufacturers, suppliers, contractors and labor shall include funs, businesses, and persons ~vha reside in ar maintain ~n af#`ice In either Nueces bounty ar i~i1 ~atrlcio ~~unty. H:IL~Cr~~IR1.5~taredlG~rylEconomic Developm~ntlTax abatement a'eem~n~RedR~~f~nn 071 D 15renew c~mm.doc Page ~ 1 of I ~ ~~hibit A corpus Christi Project Plan August 1 ~, ~~~?' Nueces Hotel Holdings, ~.P., is punning to construct a Red Roof inn Hotel on a ~ .7 acre parcel at the intersection of I-~7 and Nueces Bay Boulevard in the its of corpus hristi~ The proposed wilding ~ a 3'story wood frame 41,~0o square foot structure with a stucco exterior and composite shingle roof The drives and parking areas will be paved with concrete, Amen~t~eS Include ~ Sw1t~II'nln pool, meeting room} coffee lounge, laundry morn, fitness center and lush landscaping, with at least 1 ~ full-tirrie emplo~nnent po~Itlons. Public utilities will be extended to and through the site and seven fire hydrants gill be installed on both Buffalo Street and the IH-~7 frontage road, Total lnvestment ~n the lte is estllnated at 5,0~0,0~0 plus land costs. Permanent improvements 4,30,00 Estimated capital $ 4~3 S~,OOo H~~]~irlgwslEco~7evlTaxAbatelRedRoo~InnR~new~omm Page 1 ~ of 1 ~ ~~1~~T ; ~ ~ Lot 17B, ~'ore~t Park Addition ~, ~bd~~~slon in the ~~t~ of ous ~hrist~, I~ueces ount~, Texas, as s~.on b~ rnap o~ plat thereo~`reeo~ded in tk~e Map Records of~uec~~ ount~, Texas, and being known as 3 ~~ ~ buffalo street, Corpus hr~st~, Texas. H;ILEG-I~IR1SI~aredlCrarySlEconomic DevelopmentlTax abatement agreerner~tRed~ao~Inn 071015renew comm.doc Page 1~ of 13