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HomeMy WebLinkAboutContract 49922 CITYSECRETARY /Jo q a CONTRACT NO. _I ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipality organized under the laws of the State of Texas, and RYDER INTEGRATED LOGISTICS, INC., a Delaware corporation ("Company"). RECITALS 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 Agreement: A. Company is a global transportation and logistics provider that is seeking to expand its business operations in the City. In return for the economic development incentives set forth in this Agreement, Company is willing to enlarge its current facility located at 13599 Park Vista Boulevard (the "Development Property"), which it leases from AT Industrial 7 Owner, LLC, a Delaware limited liability company. Specifically, Company will redevelop and expand existing improvements on the Development Property by at least 25,500 square feet of gross building area for use in support Company's Transportation Management Center, the operational component of Company's Supply Chain Solutions service line, which improvements are more specifically described in Exhibit "A" (the "Required Improvements"). The lease of the Development Property by AT Industrial 7 Owner, LLC to Company (the "Lease") will include terms and conditions consistent with those outlined in Exhibit"B". Exhibits "A" and `B" are attached hereto and hereby made a part of this Agreement for all purposes. B. The Required Improvements will benefit the City by further expanding a viable commercial operation with significant opportunities for employment and tax base growth. Company has represented that new jobs created once the Required Improvements are completed will pay an average annual salary of $56,000.00. As recommended by the City's 2016 Comprehensive Plan, adopted by the City Council pursuant to Ordinance No. 22146-06-2016 (the "Comprehensive Plan"), and in accordance with Resolution No. 3716-03-2009, the City has established an economic development program pursuant to which the City will, on a case-by-case basis, offer economic incentives authorized by Chapter 380 of the Texas Local Government Code that include monetary loans and grants of public money, as well as the provision of personnel and services of the City, to businesses and entities that the City Council determines will promote state or local economic development and stimulate busines 7 8 ,9 r0 commercial activity in the City in return for verifiable commitments fro Nc raj businesses or entities to cause specific employment and other public benefits to mad or invested in the City(the"380 Program"). Page I OFFICIAL RECORD Economic Development Program Agreement CITY SECRETARY S\CI� S�SQ�c between City of Fort Worth and Ryder Integrated Logistics,Inc. IT.WORTH,TX CV. 6 � �a A C. The City has determined that the feasibility of the proposed development described herein is contingent on Company's receipt of the Program Grants that will be provided under this Agreement. The City Council has determined that the proposed development and use of the Required Improvements will benefit and stimulate the local economy and that the 380 Program is an appropriate means to achieve this project. In addition, the City Council has determined that by entering into this Agreement the potential economic benefits that will accrue to the City under the terms and conditions of this Agreement are consistent with the City's economic development objectives, as outlined in the Comprehensive Plan. This Agreement is authorized by Chapter 380 of the Texas Local Government Code. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The City Council has found, and the City and Company hereby agree, that the recitals set forth above are true and correct and form the basis upon which the parties have entered into this Agreement. 2. DEFINITIONS. In addition to other terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital B. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Company. For purposes of this definition, "control" means fifty percent(50%) or more of the ownership determined by either value or vote. Base Grant Percentage has the meaning ascribed to it in Section 6.1. Certificate of Completion has the meaning ascribed to it in Section 5. Completion Date means the date as of which all occupiable space within the Required Improvements has received a temporary or permanent certificate of occupancy. Page 2 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Completion Deadline means December 31, 2017. Comprehensive Plan has the meaning ascribed to it in Recital B. Construction Costs means Hard Construction Costs, plus the following costs expended by Company directly in connection with construction of the Required Improvements: engineering, architectural and other design and consulting fees; construction management fees; and costs of governmental permits and inspection fees related to site preparation and construction. Development Personal Property Tax Revenues means City ad valorem taxes on New Taxable Tangible Personal Property located on the Development Property. The taxable appraised value of all business personal property located on the Development Property for the 2016 tax year is $1,123,023. The taxable appraised value of New Taxable Tangible Personal Property located on the Development Property for any given year will be established solely by the appraisal district that has jurisdiction over the Development Property at the time. Development Property has the meaning ascribed to it in Recital A. Development Real Property Tax Revenues means City ad valorem taxes on improvements located on the Development Property (but not the land itself) minus the taxes attributable to the base collective taxable appraised value of all improvements located on the Development Property for the 2016 tax year, which base collective taxable appraised value is $3,318,000.00. The taxable appraised value of the Development Property and any improvements located thereon for any given year will be established solely by the appraisal district that has jurisdiction over the Development Property at the time. Director means the director of the City's Economic Development Department or his authorized designee. Effective Date has the meaning ascribed to it in Section 3. Fort Worth Certified M/WBE Company means a minority- or woman-owned business that(i) has received certification as either a minority business enterprise (MBE), a woman business enterprise (WBE) or a disadvantaged business enterprise (DBE) by the North Central Texas Regional Certification Agency (NCTRCA); (ii) has a principal business office located within the corporate limits of the City that performs a commercially useful function; and(iii)has provided from such office the services or sales that Company is seeking to have counted under this Agreement. Fort Worth Company means a business that has a principal office located within the corporate limits of the City that performs a commercially useful function and that provides the services for which Company is seeking credit under this Agreement. Page 3 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Fort Worth Construction Percentage has the meaning ascribed to it in Section 6.2. Fort Worth Construction Spending Commitment has the meaning ascribed to it in Section 4.4. Fort Worth Employment Commitment has the meaning ascribed to it in Section 4.6. Fort Worth Employment Percentage has the meaning ascribed to it in Section 6.4. Fort Worth Resident means an individual whose principal place of residence is at a location within the corporate limits of the City. Full-time Job means a job provided to one(1) individual by Company for at least forty(40)hours per week. Hard Construction Costs means actual site development and construction costs expended by Company for the Required Improvements, including directly-related contractor fees, costs of construction labor, supplies and materials for site preparation, construction and landscaping, and materials testing. Lease has the meaning ascribed to it in Recital A. M/WBE Construction Percentage has the meaning ascribed to it in Section 6.3. M/WBE Construction Spending Commitment has the meaning ascribed to it in Section 4.5. New Taxable Tangible Personal Property means any personal property that (i) is subject to ad valorem taxation by the City; (ii) is located on the Development Property; (iii) is owned or leased by Company; and (iv) was not located in the City prior to October 18, 2016, which is the date on which the City Council authorized execution of this Agreement. Personal Property Commitment has the meaning ascribed to it in Section 4.3. Program Grants means the annual economic development grants paid by the City to Company in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of City funds available for inclusion in a given Program Grant, which shall equal the Development Real Property Tax Revenues, plus the Development Personal Property Tax Revenues received by the City during the Twelve-Month Period ending in the same year in which the Program Grant is payable; provided, however, that if the Lease is amended or interpreted by the parties thereto, so Page 4 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. m w. that at any time during a given Twelve-Month Period Company is not required to pay or reimburse to the landlord all real property taxes on the Development Property and all improvements thereon, the Program Source Funds available for the Program Grant payable in the same year as the year in which such Twelve-Month Period ends shall equal only the Development Personal Property Tax Revenues received by the City during that Twelve-Month Period. Real Property Commitment has the meaning ascribed to it in Section 4.2. Records has the meaning ascribed to it in Section 4.9. Required Improvements has the meaning ascribed to it in Recital A. Term has the meaning ascribed to it in Section 3. Twelve-Month Period means the period between February 1 of a given year and January 31 of the following year. 3. TERM. This Agreement shall be effective as of the date of execution by both parties (the "Effective Date") and, unless terminated earlier pursuant to and in accordance with this Agreement, shall expire on the date as of which the City has paid all Program Grants required hereunder(the"Term"). 4. COMPANY OBLIGATIONS AND COMMITMENTS. 4.1. Use of Development Property. Throughout the Term of this Agreement, Company must use the Development Property directly in support of Company's or an Affiliate's business operations. 4.2. Real Property Improvements. Company must expend or cause to be expended at least Three Million Nine Hundred Thousand Dollars ($3,900,000.00) in Construction Costs for the Required Improvements by the Completion Date, and the Completion Date must occur on or before the Completion Deadline (collectively, the "Real Property Commitment"). Page 5 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. 4.3. Personal Property Improvements. Company covenants and agrees that New Taxable Tangible Personal Property having a value of at least One Million Three Hundred Thousand Dollars ($1,300,000.00) must be in place on the Development Property by January 1, 2018, as determined solely by the appraisal district having jurisdiction over the Development Property at that time(the"Personal Property Commitment"). 4.4. Construction Spending Commitment with Fort Worth Companies. Company must expend or cause to be expended by the Completion Date the greater of at least (i) Three Hundred Ninety Thousand Dollars ($390,000.00) in Hard Construction Costs for the Required Improvements or (ii) ten percent (10%) of all Hard Construction Costs for the Required Improvements, regardless of the total amount of such Hard Construction Costs, with Fort Worth Companies (the"Fort Worth Construction Spending Commitment"). 4.5. Construction Spending Commitment with Fort Worth Certified M/WBE Companies. Company must expend or cause to be expended by the Completion Date the greater of at least (i) Three Hundred Ninety Thousand Dollars ($390,000.00) in Hard Construction Costs for the Required Improvements or (ii) ten percent (10%) of all Hard Construction Costs for the Required Improvements, regardless of the total amount of such Hard Construction Costs, with Fort Worth Certified M/WBE Companies (the "M/WBE Construction Spending Commitment"). Expenditures with Fort Worth Certified M/WBE Companies shall also be counted as expenditures with Fort Worth Companies for purposes of measuring the Fort Worth Construction Spending Commitment. 4.6. Fort Worth Employment Commitment. The following levels of employment must be met for the calendar years specified below (for each year referenced, the "Fort Worth Employment Commitment"): 4.6.1. 2017-2018. The Fort Worth Employment Commitment for 2017 and for 2018 will be met if in each of those years (i) at least 403 Full-time Jobs were provided and filled on the Development Property and (ii) at least fifteen percent (15%) of all Full-time Jobs on the Development Property, regardless of the total number of Full-time Jobs provided and filled on the Development Property, were held by Fort Worth Residents. Page 6 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. 4.6.2. 2019-2020. The Fort Worth Employment Commitment for 2019 and for 2020 will be met if in each of those years (i) at least 459 Full-time Jobs were provided and filled on the Development Property and (ii) at least fifteen percent (15%) of all Full-time Jobs on the Development Property, regardless of the total number of Full-time Jobs provided and filled on the Development Property, were held by Fort Worth Residents. 4.6.3. 2021-2022. The Fort Worth Employment Commitment for 2021 and for 2022 will be met if in each of those years (i) at least 508 Full-time Jobs were provided and filled on the Development Property and (ii) at least fifteen percent (15%) of all Full-time Jobs on the Development Property, regardless of the total number of Full-time Jobs provided and filled on the Development Property, were held by Fort Worth Residents. 4.6.4. 2023. The Fort Worth Employment Commitment for 2023 will be met if in that year (i) at least 547 Full-time Jobs were provided and filled on the Development Property and (ii) at least fifteen percent (15%) of all Full- time Jobs on the Development Property, regardless of the total number of Full-time Jobs provided and filled on the Development Property, were held by Fort Worth Residents. 4.6.5. Compliance Measurements. Determination of compliance with the Fort Worth Employment Commitment each year will be based on the employment data provided to the City pursuant to Section 4.7.3 for the year under evaluation. Notwithstanding anything to the contrary herein, the Fort Worth Employment Commitment will not be met in any year that the minimum number of overall Full-time Jobs required for that year (403 in 2017 and 2018; 459 in 2019 and 2020; 508 in 2021 and 2022, and 547 in 2023) were not, in fact,provided and filled on the Development Property. 4.7. Reports and Filings. 4.7.1. Construction Spending Reports. 4.7.1.1. Monthly Reports. From the Effective Date until the Completion Date, Company will provide the Director with a monthly report in a form Page 7 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. reasonably acceptable to the Director that specifically outlines (i) the then-current aggregate Construction Costs and then-aggregate Hard Construction Costs expended or caused to be expended for the Required Improvements; (ii) the then-current aggregate Hard Construction Costs expended or caused to be expended with Fort Worth Companies for the Required Improvements; and (iii) the then-current aggregate Hard Construction Costs expended or caused to be expended with Fort Worth Certified M/WBE Companies for the Required Improvements. Company agrees to meet with the City's M/WBE Office as reasonably necessary for assistance in meeting or exceeding the M/WBE Construction Spending Commitment and to address any related concerns that the City may have. 4.7.1.2. Final Construction Report. Within sixty (60) calendar days following the Completion Date, in order for the City to assess whether the Real Property Commitment was met, and the extent to which the Fort Worth Construction Spending Commitment and the M/WBE Construction Spending Commitment were met, Company will provide the Director with a report in a form reasonably acceptable to the Director that specifically outlines (i) the total Construction Costs and total Hard Construction Costs expended or caused to be expended as of the Completion Date for the Required Improvements; (ii) the total Hard Construction Costs expended or caused to be expended with Fort Worth Companies as of the Completion Date for the Required Improvements; and (iii) the total Hard Construction Costs expended or caused to be expended as of the Completion Date with Fort Worth Certified M/WBE Companies for the Required Improvements, together with supporting invoices and other documents necessary to demonstrate that such amounts were actually paid, including, without limitation, final lien waivers signed by the general contractor for the Required Improvements. 4.7.2. Personal Property Report. In order for the City to track its obligations under this Agreement, Company will notify the Director in writing once it believes that the Personal Property Commitment has been attained. 4.7.3. Annual Employment Report. On or before February 1, 2018 and February 1 of each year thereafter, in order for the City to assess the degree to which the Fort Page 8 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Worth Employment Commitment for the previous calendar year was met, Company shall provide the Director with a report in a form reasonably acceptable to the Director that sets forth the total number of individuals, and the total number of Fort Worth Residents who held Full-time Jobs on the Development Property, all as of December 31 (or such other date requested by Company and reasonably acceptable to the City) of the previous year, together with reasonable supporting documentation. 4.8. Inspections of Development Property and the Lease. At any time during Company's normal business hours throughout the Term and following reasonable notice to Company, the City shall have the right to inspect and evaluate the Development Property and any improvements thereon, including the Required Improvements, and Company will provide full access to the same, in order for the City to monitor compliance with the terms and conditions of this Agreement. Company will cooperate fully with the City during any such inspection and evaluation. Notwithstanding the foregoing, Company shall have the right to require that any representative of the City be escorted by a representative or security personnel of Company during any such inspection and evaluation. In addition, upon request of the City at any time during the Term and following reasonable advance notice, Company will make available a copy of the Lease in effect at the time (as certified in writing by a duly authorized officer of Company) for review by the City to ensure compliance under this Agreement. 4.9. Audits. The City will have the right throughout the Term to audit the financial and business records of Company that relate to the Required Improvements and the Development Property as well as any other documents necessary to evaluate Company's compliance with this Agreement or with the commitments set forth in this Agreement (collectively "Records"). Company shall make all Records available to the City on the Development Property or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. 5. CERTIFICATE OF COMPLETION. Within ninety (90) calendar days following receipt by the City of the final construction spending report for the Required Improvements submitted in accordance with Section 4.7.1.2, and assessment by the City of the information contained therein pursuant to Sections 4.8 and 4.9, if the City is able to verify attainment of the Real Property Commitment set forth in Section 4.2 (that is, that Company expended or caused to be expended at least Three Million Nine Hundred Thousand Dollars ($3,900,000.00) in Construction Costs for the Required Improvements by the Completion Date, and that the Completion Date occurred on or before the Completion Deadline), the Director will issue Page 9 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Company a certificate stating this fact as well as the verified total amount of Construction Costs expended for the Required Improvements (the "Certificate of Completion"). The Certificate of Completion will also include a statement of the verified total amounts of the Hard Construction Costs expended specifically with Fort Worth Companies and Fort Worth Certified M/WBE Companies for the Required Improvements and will serve as the basis for determining the extent to which the Fort Worth Construction Spending Commitment and the M/WBE Construction Spending Commitment were met. 6. PROGRAM GRANTS. Company will be entitled to receive annual Program Grants from the City solely in accordance with all the provisions of this Section 6. As more specifically set forth herein, if both the Real Property Commitment set forth in Section 4.2 and the Personal Property Commitment set forth in Section 4.3 are met, Company will be entitled to receive seven (7) annual Program Grants, payment of which will begin in 2018 and end in 2024. The amount of each Program Grant shall equal a percentage of the Program Source Funds available for that Program Grant, which percentage will be based on the extent to which the various commitments set forth in Section 4 were met and, specifically, will equal the sum of the Base Grant Percentage, the Fort Worth Construction Percentage, the M/WBE Construction Percentage, and the Fort Worth Employment Percentage, as defined and outlined in Section 6.1, 6.2, 6.3, and 6.4. In no event shall any Program Grant exceed twenty-five percent (25%) of the Program Source Funds available for that year's Program Grant. 6.1. Attainment of Real Property Commitment and Personal Property Commitment(10%). Provided that the City is able to verify that both the Real Property Commitment set forth in Section 4.2 and the Personal Property Commitment set forth in Section 4.3 were met, each annual Program Grant will include ten percent (10%) of the Program Source Funds available for that year's Program Grant (the "Base Grant Percentage"). 6.2. Fort Worth Construction Spending Commitment (Up to 5%). A percentage of each Program Grant will be based on the extent to which the Fort Worth Construction Spending Commitment, as outlined in Section 4.4, was met (the "Fort Worth Construction Percentage"). The Fort Worth Construction Percentage will equal the product of five percent (5%) multiplied by the percentage by which the Fort Worth Construction Spending Commitment was met, which will be calculated by dividing the actual Hard Construction Costs expended for the Required Improvements by the Completion Date with Fort Worth Companies by the number of dollars comprising the Fort Worth Construction Spending Commitment, as determined in accordance with Section 4.4. For example, if Company expended or caused to be expended $4,500,000.00 Page 10 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. ♦ 4 in Hard Construction Costs for the Required Improvements, the Fort Worth Construction Spending Commitment would be $450,000.00 (10% of $4,500,000.00). If only$405,000.00 in Hard Construction Costs for the Required Improvements were expended for the Required Improvements by the Completion Date with Fort Worth Companies, the Fort Worth Construction Percentage would be 4.5% instead of 5% (or .05 x [$405,000.00/$450,000.00],or .05 x .90, or .045). If the Fort Worth Construction Spending Commitment was met or exceeded, the Fort Worth Construction Percentage will be five percent (5%). 6.3. M/WBE Construction Spending Commitment (5%). A percentage of each Program Grant will be based on the extent to which the M/WBE Construction Spending Commitment, as outlined in Section 4.5, was met (the "M/WBE Construction Percentage"). The M/WBE Construction Percentage will equal the product of five percent (5%) multiplied by the percentage by which the M/WBE Construction Spending Commitment was met, which will be calculated by dividing the actual Hard Construction Costs expended for the Required Improvements by the Completion Date with Fort Worth Certified M/WBE Companies by the number of dollars comprising the M/WBE Construction Spending Commitment, as determined in accordance with Section 4.5. If the M/WBE Construction Spending Commitment was met or exceeded, the M/WBE Construction Percentage will be five percent (5%). 6.4. Fort Worth Employment Commitment(Up to 5%). Each annual Program Grant will include a percentage of the Program Source Funds available for that year's Program Grant that is based on Company's compliance with the Fort Worth Employment Commitment in the previous calendar year, as outlined in Section 4.6 (the "Fort Worth Employment Percentage"). The Fort Worth Employment Percentage for each Program Grant will equal the product of five percent (5%) multiplied by the percentage by which the Fort Worth Employment Commitment was met in the previous calendar year, which will be calculated by dividing the actual number of Full-time Jobs provided on the Development Property that were filled by Fort Worth Residents in the previous calendar year by the applicable number of Full-time Jobs constituting the Fort Worth Employment Commitment for the previous calendar year, as outlined in Section 4.6. For example, if in 2020 480 Full-time Jobs were provided and filled on the Development Property, then pursuant to Section 4.6.2 the Fort Worth Employment Commitment for 2020 would be 72 Full-time Jobs (15% of 480 Full- time Jobs). However, if only 60 Full-time Jobs provided on the Development Property in 2020 were filled with Fort Worth Residents, the Fort Worth Employment Percentage for the Program Grant payable in 2021 would be 4.167% instead of 5% (or .05 x [60/72]), or .05 x .83333, or .041666). If the Fort Worth Employment Commitment is met or exceeded in any given year, the Fort Worth Employment Percentage applicable to the Program Grant payable in the following year will equal five percent (5%). Notwithstanding anything to the contrary Page 11 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. herein, if the minimum number of overall Full-time Jobs required by Section 4.6 for the year in question (403 in 2017 and 2018; 459 in 2019 and 2020, 508 in 2021 and 2022; and 547 in 2023) were not, in fact,provided and filled on the Development Property in that year, then the Fort Worth Employment Percentage for the Program Grant payable in the following year will be zero percent(0%). 6.5. No Offsets. A deficiency in attainment of one commitment may not be offset by the exceeding attainment of another commitment. For example, if the M/WBE Construction Commitment was missed by $50,000.00 in Hard Construction Cost expenditures, but the Fort Worth Construction Commitment was exceeded by $50,000.00 in Hard Construction Cost expenditures, the M/WBE Construction Percentage for each Program Grant would still be reduced in accordance with Section 6.3 on account of the failure to meet the M/WBE Construction Commitment. 6.6. Deadline for Payments and Source of Funds. The first Program Grant payable hereunder shall be paid by the City on or before June 1, 2018. Each subsequent annual Program Grant payment will be made by the City to Company on or before June 1 of the year in which such payment is due. It is understood and agreed that all Program Grants paid pursuant to this Agreement shall come from currently available general revenues of the City and not directly from ad valorem taxes on the Development Property or improvements thereon or on New Taxable Tangible Personal Property that are received by the City. Company understands and agrees that any revenues of the City other than those dedicated for payment of a given annual Program Grant pursuant to and in accordance with this Agreement may be used by the City for any lawful purpose that the City deems necessary in the carrying out of its business as a home rule municipality and will not serve as the basis for calculating the amount of any future Program Grant or other obligation to Company. 7. FEE CREDIT. Company has paid an economic development incentive application fee of $5,000.00. From this fee, the City will give Company a credit of $3,000.00 that Company may apply toward any fees charged by the City in connection with the Required Improvements on or before the Completion Deadline. After the Completion Deadline, any unused balance of this credit will be refunded to Company within thirty (30) days following receipt of a written request from Company, provided that such written request is received by the City on or before December 31, 2018. Any unused balance of such credit that remains after December 31, 2018 will be retained by the City. Page 12 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. 8. DEFAULT,TERMINATION AND FAILURE BY COMPANY TO MEET VARIOUS DEADLINES AND COMMITMENTS. 8.1. Failure to Meet Real Property Commitment or Personal Property Commitment. Notwithstanding anything to the contrary herein, the City shall have the right to terminate this Agreement immediately upon provision of written notice to Company, without further obligation to Company hereunder, if the Real Property Commitment, as outlined in Section 4.2, or the Personal Property Commitment, as outlined in Section 4.3, or both, are not met. 8.2. Failure to Use Development Property for Business Purposes. If the Development Property is not used for Company's or an Affiliate's business operations for more than thirty (30) consecutive calendar days at any time during the Term of this Agreement for any reason (other than on account of Company's temporary displacement caused by a casualty to the Development Property and resulting ongoing repairs or restoration to the Development Property necessitated by such casualty), Company shall be in default under this Agreement and Section 8.6 shall apply. 8.3. No Default for Amendment of Lease. If the Lease is amended or interpreted by the parties thereto in any way, or any other arrangement is instituted between the parties, so that at any time during a given Twelve-Month Period Company is not required to pay or reimburse to the landlord all real property taxes on the Development Property and all improvements thereon, an event of default shall not occur under this Agreement, but, in accordance with the definition of "Program Source Funds" set forth in Section 2, the Program Source Funds available for the Program Grant payable in the same year as the year in which such Twelve-Month Period ends shall equal only the Development Personal Property Tax Revenues received by the City during that Twelve-Month Period, and all Development Real Property Tax Revenues received by the City during that Twelve-Month Period shall be excluded from the calculation of that Program Grant and may be used by the City for any other lawful purpose. 8.4. No Default for Failure to Meet Fort Worth and M/WBE Construction Spending Commitments or Fort Worth Employment. If the Fort Worth Construction Spending Commitment or the M/WBE Construction Spending Commitment are not met, or the Fort Worth Employment Commitment is not met in any given year, such failure shall not constitute a default hereunder or provide the City with the right to terminate this Agreement, Page 13 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. but, rather, shall only cause the amount of the Program Grant that the City is required to pay in the following year to be reduced in accordance with this Agreement. 8.5. Failure to Submit Reports. If Company fails to submit any report required by and in accordance with Section 4.7, the City's obligation to pay any Program Grants at the time, if any, shall be suspended until Company has provided all required reports; provided, however, that if any report required hereunder is delinquent by more than one (1) year, Section 8.6 shall apply. 8.6. General Breach. Unless stated elsewhere in this Agreement, Company shall be in default under this Agreement if Company breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the City referencing this Agreement (or, if Company has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the City shall have the right to terminate this Agreement immediately by providing written notice to Company. 8.7. Knowing Employment of Undocumented Workers. Company acknowledges that the City is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 (80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. Company hereby certifies that Company, and any branches, divisions, or departments of Company, does not and will not knowingly employ an undocumented worker, as that term is defined by Section 2264.001(4) of the Texas Government Code. In the event that Company, or any branch, division, or department of Company, is convicted of a violation under 8 U.S.C. Section 1324a(l) (relating to federal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens): • if such conviction occurs during the Term of this Agreement, this Agreement shall terminate contemporaneously upon such conviction (subject to any appellate rights that may lawfully be available to and exercised by Company) and Company shall repay, within one hundred twenty (120) calendar days following receipt of written demand from the City, the aggregate amount of the Program Grants received by Company hereunder, if any,plus Simple Interest at a rate of four percent (4%)per annum; or Page 14 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. • 4 • if such conviction occurs after expiration or termination of this Agreement, subject to any appellate rights that may lawfully be available to and exercised by Company, Company shall repay, within one hundred twenty (120) calendar days following receipt of written demand from the City, the aggregate amount of the Program Grants received by Company hereunder, if any,plus Simple Interest at a rate of four percent (4%)per annum. For the purposes of this Section 8.7, "Simple Interest" is defined as a rate of interest applied only to an original value, in this case the aggregate amount of Program Grants paid hereunder. This rate of interest can be applied each year, but will only apply to the aggregate amount of Program Grants paid hereunder and is not applied to interest calculated. For example, if the aggregate amount of the Program Grants paid hereunder is $10,000 and such amount is required to be paid back with four percent (4%) interest five years later, the total amount would be $10,000 + [5 x ($10,000 x 0.04)], which is $12,000. This Section 8.7 does not apply to convictions of any subsidiary or affiliate entity of Company, by any franchisees of Company, or by a person or entity with whom Company contracts. Notwithstanding anything to the contrary herein, this Section 8.7 shall survive the expiration or termination of this Agreement. 9. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. Company shall have the exclusive right to control all details and day-to-day operations relative to the Required Improvements and the Development Property and any improvements thereon and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Company acknowledges that the doctrine of respondeat superior will not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Company further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the City and Company. 10. FORCE MAJEURE. If Company gives written notice to the City that Company cannot perform one or more of Company's obligations because of an event of force majeure within thirty (30) calendar days of the occurrence of the event of force majeure, Company's obligations shall be suspended in whole or in part for the time and to the extent reasonably necessary to allow Company to overcome the event of force majeure and resume performance thereof. If there is an event of force majeure, then the time period to which benefits Page 15 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. apply under this Agreement shall be adjusted if necessary to provide Company the benefits Company would have received in the absence of the event of force majeure. For purposes of this provision, "force majeure" means lightning, earthquakes, hurricanes, storms, floods, or other natural occurrence; strikes, lockouts, riots, wars, or other civil disturbances; or explosions, fires, or similar accidents not reasonably within the control of Company or Company's agents or contractors, with the understanding that the inability to obtain adequate financing to fund any of Company's obligations or commitments under this Agreement does not constitute an event of"force majeure." 11. INDEMNIFICATION. COMPANY, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SER VANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO COMPANY'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF COMPANY, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE REQUIRED IMPROVEMENTS AND ANY OPERATIONS AND ACTIVITIES ON THE DEVELOPMENT PROPERTY OR OTHERWISE TO THE PERFORMANCE OF THIS AGREEMENT. 12. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: Company: City of Fort Worth Attn: City Manager Attn: 1000 Throckmorton Fort Worth, TX 76102 Page 16 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. with copies to: with a copy to: the City Attorney and Economic/Community Development Director at the same address 13. ASSIGNMENT AND SUCCESSORS. Company may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the City so long as Company, the Affiliate and the City first execute an agreement under which the Affiliate agrees to assume and be bound by all covenants and obligations of Company under this Agreement. Otherwise, Company may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the City Council, which consent shall not be unreasonably withheld, conditioned on (i) the prior approval of the assignee or successor and a finding by the City Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the City under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Company under this Agreement. Any attempted assignment without the City Council's prior consent shall constitute grounds for termination of this Agreement following ten(10) calendar days of receipt of written notice from the City to Company. Any lawful assignee or successor in interest of Company of all rights under this Agreement shall be deemed "Company" for all purposes under this Agreement. 14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 15. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers or immunities. Page 17 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. 16. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 18. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and Company, and any lawful assign or successor of Company, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 19. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 20. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Page 18 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. 22. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company, and any lawful assign and successor of Company, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the City Council of the City in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 23. COUNTERPARTS. This Agreement 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: RYDER INTEGRATED LOGISTICS, INC., a Delaware corporation: By: By: Jesus J. Chapa Name: '[>i v I Assistant City Manager Title: Date: !l 3 � Date: r " - < 17 APPROVED AS TO FORM AND LEGALITY: By: by. G1T Y Peter Vaky �.O Deputy City Attorney az J. Kayser, City M&C: C-27966 10-18-16 .Q Q /29s': 20/6 - �(706o S .,...• y Page 19 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. EXHIBITS "A"—Description of Required Improvements "B"—Lease Terms Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Exhibit "A" Description of Required Improvements In support of Company's Transportation Management Center, the operational component of Company's Supply Chain Solutions service line, the Company will undertake a 25,500 square foot expansion at its current location at 13599 Park Vista Boulevard. Estimated capital investment is at least $5.2 million in real and business personal property improvements (exclusive of land costs). - —- --- ------- r I1TlTTT.1i7T1Tf '111�, `i 1 •_ `- z-T I" fro osed t14 E.w o E lell"r7.260aim I I, 1. f L__._..._....____-_ xSETS Talnl fading Space i ! \ = `W � � IAlliance*rexas Gateway 21 ! Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Exhibit"B" Lease Terms 1. Lease Agreement between Ryder Integrated Logistics, Inc. and Alliance Gateway No. 21, Ltd.—Lease Date March 8, 2000: 4, TA31TS. A- Landlord ages to pay all taxes, assessments and governmental charges of cony kind and mature (collectively refermd to herein as "Talxcs') tett accrue against the Premises, anUor the Land)an&or the Project. (For purposes of this Lease, the term"Taxes"s1W j inaluft the amount of any takes: that would otlserwise be imposed but for the provisions of any tax abaternent agreement with respect to which Landlord is a party which is epteted into pursuant to chapter 312 of the Texas 'T'ax Coda; and for pinposes of this Lease,such abated taxes shall be deemed to be payable by Landlord.) If at any time diving the Term of this Lease,there shall be levied,assessed or imposed on Landlord a capital levy or other tact direly on the rents received honfrom and/or a frand*c tax,mcssrmttt,levy or cage measured by or based, alts whole or in part, upon such rents from the Premises and/or the Lei mdtor the Project, then$11 such taxes. asswmemts, levies or eym or the part thereof so measured cw teased, shall be deemed to be, included within the tern» "*Taxee' for the purpows hereof. Landlord shall have the right to employ a tax consulting.firm to attempt to assure a fair talc burden on the Project. Tenant agrees to pay ids prWrtionate share of the cast of such consultant. B. Tenant shall be liabrlo for all Uma levied or assawed against any personal property or fixtures placed in the premises. If any such taxes am leAl;d or wsmcd against Landlord or Landlord's property and (11)Landlord pays the same or (11)the assessed value of Landlord's property is increased by inclusion of such personal pmperty awd fixtures and Latvilord pays the inaremed taxes„ Hien, upon demand.Tenant shall pay to Landlord such takes. Its addition, if the Building is a multiple occupancy building and the Bost of any inipro-vements cousbucted to the Tenant's Premises is disproportionawly higher than the cost of improvements constructed to tl-pmmiaw of other tcrmt,s of the Building,then upon deed 'fen t shall pay the amount of Taxes attributable to such disproportionately more expensive impeovements, is addition to Tenant's proportionate share of Taxes. 2. RENT. C. In addition to Base Rent and Tenant's other obligations hereunder, Tenant agrees to pay its proportionate share(as defined in the Basic Lease.: Information) of the following costs and expenses (collectl the "Reimbursable Expenses"): (i)Takes (hereinafter defined) payable by Landlord 1"ara-Rrarin 41A below, (ii)the cost of jointly metered utilities payable pursuant . P�xr,rvr<,pi 9 below, (iii)the cost of maintaining insurance pursuant to Paragraph I OA below, i i v) t '�,<<i mon Area Charges (hereinafter defined) payable by Tenant in accordance with Paragrapu ; ,>eIow, and (v)the cost: of any repair, replacement, or capital expenditures required under any governmental law or regulation that was not applicable to the Building at time of original construction. During each month of the Term of this Lease. on the same day that Base Rent is due hereunder, Tenant shall escrow with Landlord an amount equal to 1/12th of Tenant's proportionate share of such Reimbursable Expenses, as reasonably estimated by Landlord. Tenant authorizes Landlord to use the funds deposited with Landlord 2. First Amendment—August 1,2003 3. Second Amendment—November 29, 2006 4. Third Amendment—September 28, 2011 Economic Development Program Agreement between City of Fort Worth and Ryder Integrated Logistics,Inc. Vv, BASIC LEASE INFORMATION Lease Date: As of Marrh ?S ,2000 Tenant: Ryder Integrated Logistics,Inc.,a Delaware corporation Tenant's Address: 3600 NW 82nd Avenue Miami,Florida 33166-6623 Atte: Asset Management and Real Estate Group,4th Floor Contact: Penny Thompson,Telephone: 305/500-3299 With copy to: Colliers Turley Martin Tucker 34 No.Meramec Ave. Suite 500 St. Louis,Missouri 63105 Attn: Ryder Team-Portfolio Administration Landlord: Alliance Gateway No.21,Ltd. Landlord's Address: c/o Hillwood Development Corporation 13600 Heritage Parkway,Suite 200 Fort Worth,Texas 76177 Attn: Bill Burton With copy to: Hillwood Development Corporation 1700 Lakeside Square 12377 Merit Drive Dallas,Texas 75251 Attn: Tom Mason Contact: Bill Burton;Telephone: (817)224-6000 Premises: As indicated by the cross-hatched area on Exhibit"A" attached to the Lease, situated in the building commonly known, or to be known, as Alliance Gateway No. 21 (the"Building'') located or to be located on the land more particularly described on Exhibit"B"attached to the Lease(the "Land"). Project: Collectively,the Land,the Building and all other buildings, structures and improvements situated on the Land at any time during the Term. Term: Sixty (60) months, commencing on the Commencement Date (which is estimated to be October 2,2000)and ending at 5:00 p.m.on the last day of the sixtieth(60th) full month following the Commencement Date, subject to adjustment and earlier termination as provided in the Lease. Base Rent: Monthly Annual Per Square Foot Months Base Rent Base Rent Per Annum 1-60 $55,125.00 $661,500.00 $15.75 (Subject to adjustment as provided in the Lease) Initial Tenant's proportionate share of Taxes: $6,720.00 per month 1 007500.00177:499638 08 1-j rinj Initial Tenant's proportionate share of cost of insurance under Paragraph 10A: $105.00 per month Initial Tenant's proportionate share of Common Area Charges: $1,575.00 per month Security Deposit: None. Tenant's Proportionate Share: 100% which is the percentage obtained by dividing (i) the 42,000 square feet of area in ' the Premises by(ii)the 42,000 square feet of area in the Building. Broker or Agent: Colliers International The foregoing Basic Lease Information is incorporated into and made a part of the Lease identified above. If any conflict exists between any Basic Lease Information and the Lease,then the Lease shall control. LANDLORD: Alliance Gateway No.21,Ltd., a Texas limited partnership By: Hillwood Operating,L.P., a Texas limited partnership, its general partner By: Hillwood Development Corporation a Texas corporation, its gener By: ZOX s A Its: ilT E TENANT: Ryder Integrated Logistics,Inc. a Delaware orporation By: Its: Y � P16i I U, , Robe+ 5cunctrlez �fbD 2 007500 00177 499638.08 ---------------- J M&C Review Page 1 of 2 Official CITY COUNCIL AGENDA Ff)RTI 't1RT COUNCIL ACTION: Approved on 10/18/2016 DATE: 10/18/2016 REFERENCE NO.: **C-27966 LOG NAME: 17RYDER380 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Economic Development Program Agreement with Ryder Integrated Logistics, Inc., for the Development of an Expansion to Support Ryder's Supply Chain Solutions Service Line Located at 13599 Park Vista Boulevard (COUNCIL DISTRICT 7) EL RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an Economic Development Program Agreement with Integrated Logistics, Inc., for the 25,500 square foot expansion to support Ryder's Supply Chain Sol service line at 13599 Park Vista Boulevard; and 2. Find that the terms and conditions of the Agreement, as outlined below, constitute a custom-de: Economic Development Program, as recommended by the 2016 Comprehensive Plan and authori2 Chapter 380 of the Texas Local Government Code. DISCUSSION: Ryder Integrated Logistics, Inc. (Company), is a global transportation and logistics provider that is loot expand business operations in Fort Worth to support Ryder's Transportation Management CentE operational component of Ryder's Supply Chain Solutions service line. The Company will undert 25,500 square foot expansion at its current location at 13599 Park Vista Boulevard, with an esti capital investment of at least $5.2 million in real and business personal property improvements (exclu: land costs) by December 31, 2017. The Company must spend the greater of 10 percent or $390,000.00 of all hard construction costs wit Worth companies, and will spend or cause to be expended the greater of 10 percent or $390,000.00 hard construction costs with companies that are Fort Worth Certified Minority/Women Owned Bu: Enterprises. The Company must also retain 347 full-time equivalent (FTE) positions and create an additional 20 FTEs by December 31, 2023, with average annual wages of more than $56,0000.00. The Company a minimum of 15 percent of all new FTEs with Fort Worth residents. In return, the City will pay the Company 7 annual Economic Development Program grants, as authori2 Chapter 380, Texas Local Government Code. The maximum annual program grant will be equal percent of the incremental value of real and business personal property taxes on the development recommends entering into an Economic Development Program Agreement with the Company ft project. Except for cases of default, failure to meet a particular commitment will result in a reduction to the amount that Developer is entitled to receive in a given year based on the value assigned to the comm in accordance with the following chart: Developer Commitment Potential Grant Real &Personal Property Investment 10 Percent http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22940&councildate=10/18/2016 12/20/2017 M&C Review Page 2 of 2 Fort Worth Contractors 5 Percent Fort Worth certified M/WBE Contractors 5 Percent Employment of Fort Worth Residents 5 Percent Total 25 Percent 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 Fis Year 2017 budget. While no current year impact is anticipated from this action, any effect on expenditt and revenues will be budgeted in future fiscal years and will be included in the long-term forecast. TO _ Fund Department Account Project Program Activity Budget Reference # Ary ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Arr ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Robert Sturns (212-2663) Additional Information Contact: Ossana Hermosillo (212-2665) ATTACHMENTS Ryder map.pdf Ryder-Forml295.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22940&councildate=10/18/2016 12/20/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-117060 Ryder Integrated Logistics, Inc. Fort Worth,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 09/27/2016 being filed. City of Fort Worth Date Acknowledged: 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. 17Ryder380 Economic Development program agreement to grant 25%of incremental real and business personal property taxes over 7 years. Nature of interest 4 Name of Interested Parry City,State,Country(place of business) (check applicable) Controlling I Intermediary CBRE, Inc. Los Angeles,CA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. C. GUZMAN Commission #2080657 Z Notary Public -California z Z Los Angeles County D Sign ure of authorized ent of contracting business entity My Comm. Expires Sep 5,2018 AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the Z " day of , 20to certify which,witness my hand and seal of office. C 1>t-r Si ur icer administering oath Printed name of officer administering oath Title of officer administering oath F ms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277