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HomeMy WebLinkAboutContract 48534-A2 STATE OF TEXAS § CITY SECRETARY CONTRACT N0. COUNTY OF TARRANT § AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 48534 TAX ABATEMENT AGREEMENT BETWEEN CITY OF FORT WORTH AND PARKER PRODUCTS, LLC This AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 48535 ("Amendment") is entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipality organized under he laws of the State of Texas, and PARKER PRODUCTS,LLC ("Company"), a Texas limited liability company. The City and Company hereby agree that the following statements are true and correct and constitute the basis upon which the City and Company have entered into this Amendment: A. The City and Parker Products, Inc. previously entered into that certain Tax Abatement Agreement on file in the City Secretary's Office as City Secretary Contract No. 48534, as previously amended by City Secretary Contract No. 48534-A1 (collectively, the "Agreement"). Under the Agreement, the City agreed to abate certain ad valorem real property taxes on improvements proposed to be constructed on property owned by Parker Products, Inc. in the vicinity of Northwest Loop 820 and Strawn Lane (identified in Exhibit "A" of the Agreement and defined as the "Land") and certain ad valorem taxes on business personal property located on the Land in return for the commitment by Parker Products, Inc. to construct a facility on the Land of at least 85,000 square feet for corporate office, warehouse, research and development, and manufacturing purposes (the "Required Improvements"), as more specifically outlined in the Agreement. B. On September 25, 2017, Parker Products, Inc. filed a Certificate of Conversion with Texas Secretary of State converting itself to a newly-formed limited liability company named Parker Products, LLC pursuant to an Agreement and Plan of Conversion of even date, and pursuant to City Secretary Contract No. 48534-A1, the City recognized Parker Products, LLC as "Company" under the Agreement for all purposes. C. The Agreement requires that Company complete all Required red ed RFC�IV�j of the date he City has issImprovements by March 1, ued a temporary or final certificate of o. The Required Improvements are ccupancy upancy olrta l 17 A1,132 2 C11yprF0R?INQ ge I C/TySCCRETgR Amendment No.2 to CSC No.48534 OFFICIAL RECORD Tax Abatement Agreement between City of Fort Werth and Parker Products,LLC CITY SECRETARY FT.WORTfI,TX occupiable space within the Required Improvements. Failure to complete the Required Improvements by the Completion Deadline gives the City the right, but not the obligation, to terminate the Agreement. Due to unanticipated delays in completing this project, a temporary certificate of occupancy was not issued for the Required Improvements until March 22, 2018. D. In order to keep the Agreement in effect, and so that Company will continue to be eligible to receive the tax abatement originally offered by the City as incentive for Company to construct the Required Improvements and to locate its business operations in the City, Company has requested that the City consent to an amendment to the Agreement to extend the Completion Deadline for the Required Improvements. Because of Company's commitment to the City and its good faith effort to meet all requirements set forth in the Agreement, including continuing with work on the Required Improvements even after issuance of the temporary certificate of occupancy (a final certificate of occupancy was issued May 17, 2018), and in return for the economic benefits that the City will receive on account of Company's business development in the City,the City is willing to forgo its right to terminate the Agreement and, instead, consent to the amendment requested by Company, solely on the terms and conditions set forth herein. E. Under the Agreement, Company is not entitled to receive a tax abatement until the 2019 tax year. Accordingly, this Amendment is authorized under § 312.208 of the Texas Tax Code because (i) the provisions of this Amendment could have been included in the original Agreement and (ii) this Amendment has been entered into following the same procedure in which the Agreement was approved and executed. NOW, THEREFORE, the City and Company, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: 1. Section 2 of the Agreement (Definitions) is hereby amended to change the definitions of the following terms, as follows: Completion Deadline means June 1, 2018. 2. Capitalized terms used but not identified in this Amendment shall have the same meanings assigned to them in the Agreement. 3. Except as otherwise specifically amended in this Amendment, the Agreement shall remain in full force and effect. Page 2 Amendment No.2 to CSC No.48534 Tax Abatement Agreement between City of Fort Worth and Parker Products,LLC 4. This Amendment contains the final written expression of the City and Company with respect to the subject matter hereof. This Amendment may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: CITY OF FORT WORTH: 4 By: a-� S an Alanis Assistant City Manager Date: 5. 12 ( I t q STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Susan Alanis, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation organized under the laws of the State of Texas, 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 CITY OF FORT WORTH, that she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that he executed the same as the act of the CITY OF FORT WORTH for the purposes and consideration therein expressed and in the capacity therein stated. GIVgN UNDER MY HAND AND SEAL OF OFFICE this 1 day of 2018. EE No Public in and for MAP,IA S.SANCHEZthe State of TexasMy Notary 0#2256490xpires December•19,2021 �5 Sa�I��z Notary's Printed Name Page 3 OFFICIAL RECORD Amendment No.2 to CSC No.48534 CITY SECRETARY Tax Abatement Agreement between City of Fort Worth and Parker Products,LLC FT,WORTHo TX APPROVED AS TO FORM AND LEGALITY: By• - !4�, F0RT�,I,o Peter Vaky Deputy City Attorney _ S U` M&C: 2 Form 1295: Z 0/�1-- 3 r7 7 q �XAS CONTRACT COMPLIANCE MANAGER: By signing below, I hereby acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements: By. &J _� N e o ty Employee: Title: FORTS O. 0?�. U :S Attesled by• �XAS ary J. Kay r, City Secretary Page 4 OFFICIAL RECORD Amendment No.2 to CSC No.48534 CITY SECRETARY Tax Abatement Agreement between City of Fort Worth and Parker Products,LLC FT.WORTH, TX PARKER PRODUCTS, LLC, a Texas limited liability company: By: t��• —Name.- Title: ame:Title: Date: -X STATE OF COUNTY OF BEFORE ME,the unde igned authority, on this day personally appeared 0 � kk2LC �_( reser)(? of PARKER PRODUCTS, LLC, a Texas limited liability company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of PARKER PRODUCTS,LLC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this O_-r— day of J, kA. j , 2018. I U ZL Notary Public i and for the State of \`Nqulni�b�gi 0���R PREST Notary's Prited Name OF S'y •• Page 5 OFFICIAL RECORD Amendment No.2 to CSC No.48534 CITY SECRETARY Tax Abatement Agreement between City of Fort Worth and Parker Products,LLC FT.WORTH,TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR`�H COUNCIL ACTION: Approved on 8/14/2018 DATE: 8/14/2018 REFERENCE NO.: **C-28789 LOG NAME: 17ED AMEND2 PARKER CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Amendment to Tax Abatement Agreement, City Secretary Contract No. 48534 with Parker Products, Inc., to Extend the Deadline for Completion of a Corporate Office and Operations Facility to be Located at Northwest Loop 820 and Strawn Lane (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Amendment to Tax Abatement Agreement, City Secretary Contract No. 48534 with Parker Products, Inc. to extend the deadline for completion of a corporate office and operations facility to be located at Northwest Loop 820 and Strawn Lane from March 1, 2018 to June 1, 2018. DISCUSSION: On December 13, 2016, (M&C C-28050) the City Council authorized the execution of a Tax Abatement Agreement (City Secretary Contract No. 48534) with Parker Products, Inc., (Company) for the construction of an 85,000 square foot corporate office and operations facility to be located at Northwest Loop 820 and Strawn Lane in the Lone Star Business Park. On December 5, 2017, (M&C C-28487) the City Council authorized an amendment to the Tax Abatement Agreement to allow for an extension of the completion deadline at the request of the Company. The Agreement as amended, required the Company to complete all required construction improvements and obtain a temporary certificate of occupancy by March 1, 2018. Per the Agreement, the Company must invest at least $15 million in real property improvements and $2 million in business personal property on the site by March 1, 2018. The Company committed to maintain a minimum of 100 full-time jobs and create 30 full-time jobs at the site by December 31, 2018. A minimum of 60 percent of all jobs must be held by Fort Worth residents and at least 25 percent of those must be held by Fort Worth Central City residents. All of the required construction improvements at the facility have been completed. However, due to unforeseen delays in the Company's completion of the project, the temporary occupancy was not issued until March 22, 2018. Failure to complete this requirement gives the City the right, but not the obligation, to terminate the Agreement. The Company acted in good faith to continue the project after the deadline and received the final certificate of occupancy on May 17, 2018. In order to receive its tax abatement, as anticipated by both Company and the City, the company has requested that the City consider amending the Agreement to extend the completion deadline to June 1, 2018. This request is acceptable to City staff. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this Agreement will have no material effect on the Fiscal Year 2018 Budget. While no current year impact is anticipated from this action, any effect on expenditures and revenues will be budgeted in future Fiscal Years and will be included in the long- term financial forecast. http://apps.cfwnet.org/council_packet/mc review.asp?ID=26087&councildate=8/14/2018 8/21/2018 r � M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfieid 2 FROM' Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis (5804) Originating Department Head: Robert Sturns (2663) Additional Information Contact: Marlon Goff(2680) ATTACHMENTS Parker Products LLC 1295.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=26087&councildate=8/14/2018 8/21/2018 C-gm�sl CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofi Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Compete Nos.1,2,3,51 and 61f there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place ertificate Number. of business. 1,12, 018-377453 Parker Products,LLC Fort Worth,TX,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07(1012018 being filed. City of Fort Worth Date Ackno ged• r7 N' 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ED Parker Economic Development Agreement Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION ``•%. ff My name is /1'.e.0— 1-1 and my date of birth Is My address is 1?A54bb PCkw-o �s . (�'pc-\ yJo.c-k'-, �-r-4 ''16.\$.4 aT4�io�wi (•tom) (CRY) (fie) (zip oods) (CoufM 1 declare under penalty of perjury that the foregoing is true and correct Executed in �(�e s Q.v. C.pu�r 3r�l CptyKy,State of'Te44-1L1-1Lk ,on the at day of 3e-.Ny .20 VW . (mom) (Yw) SW MWM of of OOr*acd%btalineea er*y Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711