HomeMy WebLinkAboutContract 50800 f
1
CITY SECRETARY O
CONTRACT N0. S O
STATE OF TEXAS §
k
VOUNTY OF TARRANT §
RECEIVED
MAY 2 9 2018
CITYOFFORTWORTH TAX ABATEMENT AGREEMENT
CITYSECRETARY
This TAX ABATEMENT 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 RAIDER EXPRESS, INC., a Texas
corporation("Company").
RECITALS
A. On June 28, 2016, the City Council adopted Resolution No. 4647-06-2016,
stating that the City elects to be eligible to participate in tax abatement and setting forth
guidelines and criteria governing tax abatement agreements entered into between the City
and various parties, entitled "General Tax Abatement Policy" (the "Policy"), which is
incorporated herein by reference and hereby made a part of this Agreement for all purposes.
B. The Policy contains appropriate guidelines and criteria governing tax
abatement agreements to be entered into by the City as contemplated by Chapter 312 of the
Texas Tax Code, as amended (the "Code").
C. On January 30,2018 the City Council adopted Ordinance No.23100-01-2018
(the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 96, City of Fort
Worth, Texas (the "Zone").
D. Company owns or is under contract to purchase approximately 25 acres of
real property near the intersection of Highway 287 and Willow Springs Road , which real
property is located within the Zone and is more specifically described in Exhibit "A" (the
"Land"), attached hereto and hereby made a part of this Agreement for all purposes.
Contingent upon receipt of the tax abatement herein, Company intends to construct a new
office, training and manufacturing facility of at least 61,000 square feet (more specifically
defined herein as the "Required Improvements"), and to install certain taxable business
personal property on the Land, all as more specifically set forth in this Agreement.
E. On November 30, 2017 Company submitted an application for tax
abatement (the "Application") to the City concerning Company's plans for development
of the Land, including construction of the Required Improvements, which Application is
attached hereto as Exhibit"B" and hereby made a part of this Agreement for all purposes.
Page 1 OFFICIAL RECORD
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc. CITY SECRETARY
FT.WORTH,TX
F. The contemplated use of the Land and the terms of this Agreement are
consistent with encouraging development of the Zone and generating economic
development and increased employment opportunities in the City, in accordance with the
purposes for creation of the Zone, and are in compliance with the Policy, the Ordinance and
other applicable laws, ordinances, rules and regulations.
G. The provisions of this Agreement, and the proposed use of the Land and
nature of the proposed Required Improvements, as defined herein, satisfy the eligibility
criteria for commercial/industrial tax abatement pursuant to Sections 4.1 and 4.2 of the
Policy.
H. Written notice that the City intends to enter into this Agreement, along with
a copy of this Agreement, has been furnished in the manner prescribed by the Code to the
presiding officers of the governing bodies of each of the taxing units that have jurisdiction
over the Land.
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 terms defined in the body of this Agreement, the following terms
shall have the definitions ascribed to them as follows:
Abatement means the abatement of a percentage(not to exceed fifty percent(50%)
in any year of the Abatement Term) of the City's incremental ad valorem real property
taxes on any improvements located on the Land (but not on the Land itself, which taxes
shall not be subject to Abatement hereunder) and of the City's incremental ad valorem
taxes on Taxable Tangible Personal Property, all calculated in accordance with this
Agreement.
Abatement Term means the term of five (5) consecutive years, commencing on
January 1, 2021 and expiring on December 31, 2025, in which Company will receive the
Abatement in accordance with this Agreement.
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
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.
Application has the meaning ascribed to it in Recital E.
Central City means that area in the corporate limits of the City within Loop 820
(i) consisting of all Community Development Block Grant ("CDBG") eligible census
block groups; (ii) all state-designated enterprise zones; and (iii) all census block groups
that are contiguous by seventy-five percent (75%) or more of their perimeter to CDBG-
eligible block groups or enterprise zones, as well as any CDBG-eligible block in the
corporate limits of the City outside Loop 820, as more specifically depicted in the map of
Exhibit"C", attached hereto and hereby made a part of this Agreement for all purposes.
Central City Employment Commitment has the meaning ascribed to it in Section
4.5.3.
Central City Employment Percentage has the meaning ascribed to it in Section
6.6.
Central City Resident means an individual whose primary residence is at a
location within the Central City.
Certificate of Completion has the meaning ascribed to it in Section 5.1.
Code has the meaning ascribed to it in Recital B.
Completion Date means the date as of which all occupiable space within the
Required Improvements have received a temporary or permanent certificate of occupancy.
Completion Deadline means December 31, 2019.
Compliance Auditing Term means the term of five (5) consecutive years,
commencing on January 1, 2020 expiring on December 31, 2024, in which the City will
verify and audit Company's compliance with the various annual commitments set forth in
Section 4 that partially form the basis for calculation of the amount of each annual
Abatement percentage hereunder.
Construction Costs means Hard Construction Costs, plus costs of supplies and
materials, engineering fees, architectural and design fees, and permit fees. Construction
Costs specifically excludes any property acquisition costs.
Director means the director of the City's Economic Development Department.
Effective Date has the meaning ascribed to it in Section 3.
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
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Event of Default means a breach of this Agreement by a party, either by act or
omission, as more specifically set forth in Section 7 of this Agreement.
Fort Worth Certified M/WBE Company means a minority or woman-owned
business that 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) and that has a principal
business 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.
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.
Fort Worth Construction Commitment has the meaning ascribed to it in Section
4.3.
Fort Worth Construction Percentage has the meaning ascribed to it in Section
6.2.
Fort Worth Employment Commitment has the meaning ascribed to it in Section
4.5.2.
Fort Worth Employment Percentage has the meaning ascribed to it in Section
6.5.
Fort Worth Resident means an individual whose principal place of residence is at
a location within the corporate limits of the City.
Fort Worth Supply and Service Spending Commitment has the meaning
ascribed to it in Section 4.6.
Fort Worth Supply and Service Percentage has the meaning ascribed to it in
Section 6.7.
Full-time Job means a job provided to one(1) individual by Company on the Land
for at least forty (40) hours per week.
Hard Construction Costs means actual site development and construction costs,
including directly-related contractor fees.
Land has the meaning ascribed to it in Recital D.
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
Legal Requirements means 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.
M/WBE Construction Commitment has the meaning ascribed to it in Section 4.4.
M/WBE Construction Percentage has the meaning ascribed to it in Section 6.3.
M/WBE Supply and Service Spending Commitment has the meaning ascribed
to it in Section 4.7.
M/WBE Supply and Service Percentage has the meaning ascribed to it in Section
6.8.
Ordinance has the meaning ascribed to it in Recital C.
Overall Employment Commitment has the meaning ascribed to it in Section
4.5.1.
Overall Employment Percentage has the meaning ascribed to it in Section 6.4.
Overall Improvement Percentage has the meaning ascribed to it in Section 6.1
Personal Property Improvement Commitment has the meaning ascribed to it in
Section 4.2.
Policy has the meaning ascribed to it in Recital A.
Real Property Improvement Commitment has the meaning ascribed to it in
Section 4.1.
Records has the meaning ascribed to it in Section 4.10.
Required Improvements means a facility constructed on the Land consisting of at
least 61,000 square feet that includes corporate office, training and maintenance space, as
verified in the Certificate of Completion issued by the Director in accordance with Section
5.1 of this Agreement, and is used directly in connection with Company's logistics and
transportation business.
Supply and Service Expenditures means those local discretionary expenditures
made by Company directly for the operation and maintenance of the Land and any
improvements thereon, excluding utility service costs.
Taxable Tangible Personal Property means any personal property other than
inventory or supplies that(i) is subject to ad valorem taxation by the City; (ii) is located on
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
the Land; and (iii) is owned or leased by Company and used by Company for the business
purposes outlined in this Agreement.
Term has the meaning ascribed to it in Section 3.
Zone has the meaning ascribed to it in Recital C.
3. TERM.
This Agreement shall take effect on the date as of which both the City and Company
have executed this Agreement (the "Effective Date") and, unless terminated earlier in
accordance with its terms and conditions, shall expire simultaneously upon expiration of
the Abatement Term (the "Term").
4. COMPANY'S OBLIGATIONS AND COMMITMENTS.
4.1. Real Property Improvements.
Company must expend or cause to be expended at least Thirteen Million
Dollars ($13,000,000.00) in Construction Costs for the Required Improvements by
the Completion Date, and the Completion Date for the Required Improvements must
occur on or before the Completion Deadline (the "Real Property Improvement
Commitment". Notwithstanding anything to the contrary herein, if the Real
Property Improvement Commitment is not met,an Event of Default will occur,as set
forth in Section 7.1 of this Agreement.
4.2. Personal Property Improvements.
Company presently has Taxable Tangible Personal Property located in the
City with a taxable appraised value of Sixteen Million Dollars ($16,000,000.00).
During the Term of this Agreement, Company must incrementally install additional
Taxable Tangible Personal Property on the Land in order to be eligible to receive or
to continue receiving the Abatement hereunder, as follows (collectively, the
"Personal Property Improvement Commitment"):
4.2.1. Taxable Tangible Personal Property having a taxable appraised value
of at least Fifty-six Million One Hundred Thousand Dollars ($56,100,000.00) must
be in place on the Land by January 1,2021,as determined solely by Tarrant Appraisal
District or the appraisal district having jurisdiction over the Land at the time and
reflected in the certified appraisal roll received by the City from such appraisal
district in such year.
4.2.2. Taxable Tangible Personal Property having a taxable appraised value
of at least Ninety-six Million Dollars ($96,000,000.00)must be in place on the Land
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Tax Abatement Agreement between
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by January 1, 2023, as determined solely by Tarrant Appraisal District or the
appraisal district having jurisdiction over the Land at the time and reflected in the
certified appraisal roll received by the City from such appraisal district in such year.
4.2.3. Taxable Tangible Personal Property having a taxable appraised value
of at least One Hundred Thirty-six Million One Hundred Thousand Dollars
($136,100,000.00) must be in place on the Land by January 1, 2025, as determined
solely by Tarrant Appraisal District or the appraisal district having jurisdiction over
the Land at the time and reflected in the certified appraisal roll received by the City
from such appraisal district in such year.
Notwithstanding anything to the contrary herein, if the Personal Property
Improvement Commitment is not met as set forth above, an Event of Default will
occur in accordance with Section 7.2 of this Agreement.
4.3. Construction Spending Commitment for Fort Worth Companies.
By the Completion Date, Company must have expended with Fort Worth
Companies at least the greater of (i) Three Million Fifty Thousand Dollars
($3,050,000.00) in Hard Construction Costs for the Required Improvements or(ii)
twenty-five percent (25%) of all Hard Construction Costs for the Required
Improvements,regardless of the total amount of such Hard Construction Costs (the
"Fort Worth Construction Commitment").
4.4. Construction Spending Commitment for Fort Worth Certified
M/WBE Companies.
By the Completion Date, Company must have expended or caused to be
expended with Fort Worth Certified M/WBE Companies at least the greater of(i)
One Million Eight Hundred Thirty Thousand Dollars ($1,830,000.00) in Hard
Construction Costs for the Required Improvements or (ii) fifteen percent (15%) of
all Hard Construction Costs for the Required Improvements, regardless of the total
amount of such Construction Costs (the "M/WBE Construction Commitment").
Hard Construction Cost expenditures made with Fort Worth Certified M/WBE
Companies will also be counted as Hard Construction Cost expenditures made with
Fort Worth Companies for purposes of measuring the Fort Worth Construction
Commitment, as set forth in Section 4.3.
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
4.5. Employment Commitments.
Determination each year of compliance with the following employment
commitments will be based on the employment data provided to the City pursuant
to Section 4.8.3 for the year under evaluation.
4.5.1. Overall Employment.
Company must meet or exceed the following levels of overall
employment for the calendar years specified below (for each year below,
the "Overall Employment Commitment").
4.5.1.1. 2020-2021.
In both 2020 and 2021, Company will meet the
Overall Employment Commitment if in the year under evaluation
Company provided and filled at least four hundred forty-two (442)
Full-time Jobs on the Land.
4.5.1.2. 2022-2023.
In both 2022 and 2023, Company will meet the
Overall Employment Commitment if in the year under evaluation
Company provided and filled at least five hundred thirty-two (532)
Full-time Jobs on the Land.
4.5.1.3. 2024.
In 2024, Company will meet the Overall
Employment Commitment if in that year Company provided and
filled at least six hundred twenty-two (622) Full-time Jobs on the
Land.
4.5.2. Employment of Fort Worth Residents.
Company must meet or exceed the following levels of employment
of Fort Worth Residents for the calendar years specified below (for each
year below, the "Fort Worth Employment Commitment"). Full-time
Jobs held by Fort Worth Residents will also be counted as Full-time Jobs
for purposes of measuring the Overall Employment Commitment outlined
in Section 4.5.1.
4.5.2.1. 2020-2021.
In both 2020 and 2021, Company will meet the Fort
Worth Employment Commitment if in the year under evaluation
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Tax Abatement Agreement between
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Company provided and filled at least the greater of(i) one hundred
thirty-three (133) Full-time Jobs on the Land or (ii) thirty percent
(30%) of all Full-time Jobs on the Land, regardless of the total
number of such Full-time Jobs, with Fort Worth Residents.
4.5.2.2. 2022-2023.
In both 2020 and 2021, Company will meet the Fort
Worth Employment Commitment if in the year under evaluation
Company provided and filled at least the greater of(i) one hundred
sixty (160) Full-time Jobs on the Land or (ii) thirty percent (30%)
of all Full-time Jobs on the Land, regardless of the total number of
such Full-time Jobs, with Fort Worth Residents.
4.5.2.3 2024.
In 2024, Company will meet the Fort Worth
Employment Commitment if in that year Company provided and
filled at least the greater of(i)one hundred eighty-seven(187)Full-
time Jobs on the Land or (ii) thirty percent (30%) of all Full-time
Jobs on the Land, regardless of the total number of such Full-time
Jobs, with Fort Worth Residents.
4.5.3. Employment of Central City Residents.
Company must meet or exceed the following levels of employment
of Central City Residents for the calendar years specified below (for each
year below, the "Central City Employment Commitment"). Full-time
Jobs held by Central City Residents will also be counted as Full-time Jobs
for purposes of measuring the Overall Employment Commitment outlined
in Section 4.5.1 and the Central City Employment Commitment outlined in
Section 4.5.2.
4.5.3.1. 2020-2021.
In both 2020 and 2021, Company will meet the
Central City Employment Commitment if in the year under
evaluation Company provided and filled at least the greater of(i)
sixty-seven (67) Full-time Jobs on the Land or (ii) fifteen percent
(15%) of all Full-time Jobs on the Land, regardless of the total
number of such Full-time Jobs, with Central City Residents.
4.5.3.2. 2022-2023.
In both 2022 and 2023, Company will meet the
Central City Employment Commitment if in the year under
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Tax Abatement Agreement between
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evaluation Company provided and filled at least the greater of(i)
eighty (80) Full-time Jobs on the Land or (ii) fifteen percent (15%)
of all Full-time Jobs on the Land, regardless of the total number of
such Full-time Jobs, with Central City Residents.
4.5.3.3. 2024.
In both 2024, Company will meet the Central City
Employment Commitment if in the year under evaluation Company
provided and filled at least the greater of(i) ninety-four (94) Full-
time Jobs on the Land or (ii) fifteen percent (15%) of all Full-time
Jobs on the Land, regardless of the total number of such Full-time
Jobs, with Central City Residents.
4.6. Supply and Service Spending Commitment for Fort Worth
Companies.
In 2020 and in each year thereafter during the Compliance Auditing Term,
Company must expend at least the greater of (i) One Million Two Hundred
Twenty-five Thousand Dollars ($1,225,000.00) in Supply and Service
Expenditures or (ii) thirty-five percent (35%) of its Supply and Service
Expenditures, regardless of the total amount of such Supply and Service
Expenditures, with Fort Worth Companies (the "Fort Worth Supply and Service
Spending Commitment").
4.7. Supply and Service Spending Commitment for Fort Worth Certified
M/WBE Companies.
In 2020 and in each year thereafter during the Compliance Auditing Term,
Company must expend at least the greater of (i) Five Hundred Twenty-five
Thousand Dollars ($525,000.00) in Supply and Service Expenditures or(ii) fifteen
percent (15%) of its Supply and Service Expenditures, regardless of the total
amount of such Supply and Service Expenditures, with Fort Worth Certified
M/WBE Companies (the "M/WBE Supply and Service Spending
Commitment").
4.8. Reports and Filings.
4.8.1. Final Construction Report.
Within sixty (60) calendar days following the Completion Date, in
order for the City to assess whether Company expended or caused to be
expended at least Thirteen Million Dollars ($13,000,000.00) in
Construction Costs for the Required Improvements, and the extent to which
Company met the Fort Worth Construction Commitment and the M/WBE
Construction Commitment, Company must provide the Director with a
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Tax Abatement Agreement between
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report in a form reasonably acceptable to the City that specifically outlines
(i) the total Construction Costs and Hard Construction Costs expended by
Company for the Required Improvements, (ii) the total Hard Construction
Costs expended with Fort Worth Companies by Company for the Required
Improvements, and (iii) the total Hard Construction Costs expended with
Fort Worth Certified M/WBE Companies by Company for the Required
Improvements, together with supporting invoices and other documents
necessary to demonstrate that such amounts were actually paid by
Company, including, without limitation, final lien waivers signed by
Company's general contractor.
4.8.2. Personal Property Reports.
Once Company believes it has attained the Personal Property
Improvement Commitment,including the subsequent escalations thereto,as
set forth in Sections 4.2.2 and 4.2.3, Company will provide a written notice
to the City.
4.8.3. Annual Employment Report.
On or before February 1, 2021, and February 1 of each year
thereafter through 2025, in order for the City to assess the degree to which
Company met in the previous year the Overall Employment Commitment,
the Fort Worth Employment Commitment and the Central City
Employment Commitment, Company must provide the Director with a
report in a form reasonably acceptable to the City that sets forth the total
number of individuals, the total number of Fort Worth Residents, and the
total number of Central City Residents who held Full-time Jobs on the Land,
each as of December 31 (or such other date requested by Company and
reasonably acceptable to the City) of the previous calendar year, together
with reasonable supporting documentation.
4.8.4. Annual Supply and Service Spending Report.
On or before February 1, 2021, and February 1 of each year
thereafter through 2025, in order for the City to assess the degree to which
Company met the Fort Worth Supply and Service Spending Commitment
and the M/WBE Supply and Service Spending Commitment in the previous
calendar year, Company must provide the City with a report in a form
reasonably acceptable to the City that sets forth the aggregate Supply and
Service Expenditures made during such year with Fort Worth Companies
and Fort Worth Certified M/WBE Companies, together with reasonable
supporting documentation.
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Tax Abatement Agreement between
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4.8.5. General.
Company will supply any additional information reasonably
requested by the City that is pertinent to the City's evaluation of compliance
with each of the terms and conditions of this Agreement.
4.9. Inspections.
At any time during Company's normal business hours throughout the Term
and following reasonable notice to Company,the City will have the right to inspect
and evaluate the Land, and any improvements thereon, 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 Company representative or security personnel during any such
inspection and evaluation.
4.10. 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
Land and any other documents necessary to evaluate Company's compliance with
this Agreement or with the commitments set forth in this Agreement, including,but
not limited to construction documents and invoices (collectively "Records").
Company shall make all Records available to the City on the Land 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.
4.11. Use of Land.
The Land and any improvements thereon, including, but not limited to, the
Required Improvements, must be used at all times during the Term of this
Agreement for Company's lawful business operations, as set forth in this
Agreement, and otherwise in a manner that is consistent with the general purposes
of encouraging development or redevelopment of the Zone.
4.12. Abatement Application Fee.
The City acknowledges receipt from Company of the required Application
fee of Five Thousand Dollars($5,000.00). Of such amount,Two Thousand Dollars
($2,000.00)is nonrefundable and shall be used by the City for the purposes set forth
in the Policy. If construction work on the Required Improvements begins within
one (1) year from the date of the Application, the remaining Three Thousand
Dollars ($3,000.00) of such fee shall be credited to Company's benefit against any
permit, impact, inspection or other lawful fee required by the City in connection
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with the Required Improvements. If construction work for the Required
Improvements does not begin within one (1) year from the date of the Application,
Company will not receive a credit or refund of any portion of the fee. If any
Application Fee funds are remaining after the development project covered in the
Application has received a final Certificate of Occupancy (CO) from the City, the
applicant must submit a letter to the director of the City's Economic Development
Department requesting a refund of the remaining funds. The request must be made
within three (3) months from the date of the final CO.
5. CERTIFICATES ISSUED BY THE CITY.
5.1. Certificate of Completion of Required Improvements.
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 4.8.1.2, and assessment by the City of the information
contained therein pursuant to Sections 4.9 and 4.10, if the City is able to verify that
Construction Costs of at least Thirteen Million Dollars ($13,000,000.00) were
expended for Required Improvements by the Completion Date, and that the
Completion Date occurred on or before Completion Deadline, the Director will
issue Company a certificate stating the aggregate amount of Construction Costs and
Hard Construction Costs expended for the Required Improvements, as well as the
amount of Hard Construction Costs expended specifically with Fort Worth
Companies and Fort Worth Certified M/WBE Companies (the "Certificate of
Completion"). The Certificate of Completion will serve as the basis for
determining the extent to which the Fort Worth Construction Commitment and the
M/WBE Construction Commitment were met.
5.2. Certificates of Attainment of Personal Property Improvement
Commitment.
Following receipt of a written notice submitted by Company in accordance
with Section 4.8.2 or by action of the City of its own accord, upon verification that
Company has met the Personal Property Improvement Commitment in accordance
with Section 4.2, including the subsequent escalations thereto, as set forth in
Sections 4.2.2 and 4.2.3, the City promptly will provide written confirmation to
Company.
6. TAX ABATEMENT.
Subject to the terms and conditions of this Agreement, provided that(i) Company
expended at least Thirteen Million Dollars ($13,000,000.00) in Construction Costs for the
Required Improvements by the Completion Date, as confirmed in the Certificate of
Completion issued by the Director in accordance with Section 5.1;(ii)the Completion Date
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occurred on or before the Completion Deadline, as confirmed in the Certificate of
Completion issued by the Director in accordance with Section 5.1; and (iii) Taxable
Tangible Personal Property having a value of at least Fifty-six Million One Hundred
Thousand Dollars ($56,100,000.00) was in place on the Land by January 1, 2021, as
determined solely by the appraisal district having jurisdiction over the Land at that time
and reflected in the certified appraisal roll received by the City from such appraisal district
in such year, Company will be entitled to receive an Abatement in the first year of the
Abatement Term and, subject to ongoing compliance with the Personal Property
Improvement Commitments set forth in Sections 4.2.2 and 4.2.3, in each year thereafter
for the remainder of the Abatement Term. The amount of each Abatement that Company
is entitled to receive during such years will be a percentage of the City's ad valorem taxes
on any improvements located on the Land(but not on the Land itself,which taxes shall not
be subject to Abatement hereunder)and on Taxable Tangible Personal Property attributable
to increases in the value of such improvements and Taxable Tangible Personal Property
over their values for the 2018 tax year, which percentage will equal the sum of the Overall
Improvement Percentage, the Fort Worth Construction Percentage, the M/WBE
Construction Percentage, the Overall Employment Percentage, the Fort Worth
Employment Percentage,the Central City Employment Percentage,the Fort Worth Supply
and Service Percentage, and the M/WBE Supply and Service Percentage, as defined in
Sections 6.1 through 6.8 (not to exceed fifty percent (50%), as follows:
6.1. Completion of Required Improvements (10%).
Company will be entitled to receive a percentage of the Abatement equal to
ten percent (10%) (the "Overall Improvement Percentage") on account of
Company's having met the Real Property Improvement Commitment in accordance
with Section 4.1 and the Personal Property Improvement Commitment in
accordance with Section 4.2.
6.2. Fort Worth Construction Cost Spending (Up to 5%).
A percentage of the Abatement will be based on the extent to which the Fort
Worth Construction Commitment, as outlined in Section 4.3, 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 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 Commitment, as determined in
accordance with Section 4.3. For example, if Company expends $13,500,000.00 in
Hard Construction Costs, the Fort Worth Construction Commitment would be
$3,375,000.00 (25% of $13,500,000.00). If Company only expended
$2,700,000.00 in Hard Construction Costs with Fort Worth Companies by the
Completion Date, the Fort Worth Construction Percentage would be 4% instead of
5% (or .05 x [$2.7 million/$3.375 million], or .05 x .80, or .04). If the Fort Worth
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Construction Commitment was met or exceeded, the Fort Worth Construction
Percentage will be five percent (5%).
6.3. Fort Worth M/WBE Construction Cost Spending (Up to 5%).
A percentage of the Abatement will be based on the extent to which the
M/WBE Construction Commitment, as outlined in Section 4.4 was met (the
"NMBE 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 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
Commitment, as determined in accordance with Section 4.4. If the M/WBE
Construction Commitment was met or exceeded, the M/WBE Construction
Percentage will be five percent (5%).
6.4. Overall Employment (Up to 5%).
A percentage of the Abatement will be based on the extent to which the
Overall Employment Commitment, as outlined in Section 4.5.1, was met (the
"Overall Employment Percentage"). The Overall Employment Percentage in a
given year will equal the product of five percent(5%)multiplied by the percentage
by which the Overall 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 Land in the previous year by the number of Full-time Jobs
constituting the Overall Employment Commitment for that year. For example, if
in 2023 only 399 Full-time Jobs were provided on the Land instead of 532, the
Overall Employment Percentage for the following year would be 3.75% instead of
5% (or .05 x [399/532]), or .05 x .75, or .0375. If the Overall Employment
Commitment is met or exceeded in any given year, the Overall Employment
Percentage for the following year will be five percent(5%).
6.5. Fort Worth Employment (Up to 7.5%).
A percentage of the Abatement will be based on the extent to which the Fort
Worth Employment Commitment, as outlined in Section 4.5.2, was met(the "Fort
Worth Employment Percentage"). The Fort Worth Employment Percentage for
a given year will equal the product of seven and one-half percent(7.5%)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 Land to Fort Worth Residents in the previous
year by the number of Full-time Jobs constituting the Fort Worth Employment
Commitment for that year. For example, if Company provides and fills 500 Full-
time Jobs on the Land in 2021, the Fort Worth Employment Commitment for that
year will, in accordance with Section 4.5.2,be 150 Full-time Jobs(30%of 500 Full-
Page 15
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
time Jobs). If in that year only 450 Full-time Jobs on the Land were provided to
Fort Worth Residents, the Fort Worth Employment Percentage for the following
year would be 6.75%instead of 7.5%(or .075 x [450/500]), or .075 x .90, or.0675.
If the Fort Worth Employment Commitment is met or exceeded in any given year,
the Fort Worth Employment Percentage for the following year will be seven and
one-half percent(7.5%).
6.6. Central City Employment (Up to 7.5%).
A percentage of the Abatement will be based on the extent to which the
Central City Employment Commitment, as outlined in Section 4.5.3, was met (the
"Central City Employment Percentage"). The Central City Employment
Percentage for a given year will equal the product of seven and one-half percent
(7.5%) multiplied by the percentage by which the Central City Employment
Commitment was met in the previous year, which will be calculated by dividing
the actual number of Full-time Jobs provided on the Land to Central City Residents
in the previous year by the number of Full-time Jobs constituting the Central City
Employment Commitment for that year. If the Central City Employment
Commitment is met or exceeded in a given year, the Central City Employment
Percentage for the following year will be seven and one-half percent(7.5%).
6.7. Fort Worth Supply and Service Spending (Up to 5%).
A percentage of the Abatement will be based on the extent to which the Fort
Worth Supply and Service Spending Commitment, as outlined in Section 4.6, was
met(the"Fort Worth Supply and Service Percentage"). The Fort Worth Supply
and Service Percentage for a given year will equal the product of five percent(5%)
multiplied by the percentage by which the Fort Worth Supply and Service Spending
Commitment was met in the previous calendar year, which will be calculated by
dividing the actual Supply and Service Expenditures made in the previous calendar
year with Fort Worth Companies by the Fort Worth Supply and Service Spending
Commitment for that year. For example, if Company's Supply and Service
Expenditures in a given year were $3,000,000.00, the Fort Worth Supply and
Service Spending Commitment for that year would, in accordance with Section 4.6
of this Agreement, be $1,225,000.00 (the greater of 35% of all Supply and Service
Expenditures or $1,225,000.00). If in that year Company only expended
$980,000.00 in Supply and Service Expenditures with Fort Worth Companies, the
Fort Worth Supply and Service Percentage for the following year would be 4%
instead of 5% (or .05 x [$980,000/$1,225,000], or .05 x .80, or .04). If the Fort
Worth Supply and Spending Commitment is met or exceeded in any given year,the
Fort Worth Supply and Service Percentage for the following year will be five
percent (5%).
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
6.8. Fort Worth M/WBE Supply and Service Spending (Up to 5%).
A percentage of the Abatement will be based on the extent to which the
M/WBE Supply and Service Spending Commitment, as outlined in Section 4.7,
was met (the "M/WBE Supply and Service Percentage"). The M/WBE Supply
and Service Percentage for a given year will equal the product of five percent(5%)
multiplied by the percentage by which the M/WBE Supply and Service Spending
Commitment was met in the previous year, which will be calculated by dividing
the actual Supply and Service Expenditures made in the previous calendar year with
Fort Worth Certified M/WBE Companies by the M/WBE Supply and Service
Spending Commitment for that year. If the M/WBE Supply and Spending
Commitment is met or exceeded in any given year,the M/WBE Supply and Service
Percentage for the following year will be five percent (5%).
6.9. No Offsets.
A deficiency in attainment of one commitment may not be offset by the
exceeding attainment in another commitment. For example, if Company failed to
meet the M/WBE Construction Commitment by $5,000.00, but exceeded the Fort
Worth Construction Commitment by $5,000.00, the percentage of Abatement
available hereunder would still be reduced in accordance with Section 6.3 on
account of Company's failure to meet the M/WBE Construction Commitment.
6.10. Abatement Limitations.
In accordance with Section 8.5 of the Policy and notwithstanding anything
to the contrary herein, Company's Abatement in any given year of the Abatement
Term will be based (i) on the increase in the real property value of improvements
on the Land over their value as of January 1,2018,if any,up to a maximum increase
of Nineteen Million Five Hundred Thousand Dollars ($19,500,000.00) and (ii) on
the increase in the value of Taxable Tangible Personal Property located on the Land
since January 1, 2018, if any, up to a maximum increase of One Hundred Eighty
Million One Hundred Thousand Dollars ($180,100,000.00). In other words, with
regard to the real property tax Abatement, in any year in which the taxable value of
improvements on the Land exceeds (i) any value of improvements on the Land as
of January 1, 2018 plus (ii) $19,500,000.00, Company's real property tax
Abatement for that tax year will be capped and calculated as if the increase in the
value of improvements on the Land since January 1, 2018 had only been
$19,500,000.00. For example, and as an example only, if in a given year of the
Abatement Term the value of improvements on the Land is $25,000,000.00 over
their value as of January 1,2018,Company would receive a maximum real property
tax Abatement of fifty percent (50%) of$19,500,000.00 in valuation for that year
and would pay full taxes on the $5,500,000.00 difference over the cap. Along the
same lines, if the value of Taxable Tangible Personal Property located on the Land
in a given year of the Abatement Term is $200,000,000.00 over the value of that
Property as of January 1, 2018, Company would receive a maximum Abatement on
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
Taxable Tangible Personal Property of fifty percent (50%) of$180,100,000.00 in
valuation for that year and would pay full taxes on the $19,900,000.00 difference
over the cap.
7. DEFAULT, TERMINATION AND FAILURE BY COMPANY TO MEET
VARIOUS DEADLINES AND COMMITMENTS.
7.1. Failure to Meet Real Property Improvement Commitment.
Notwithstanding anything to the contrary herein, if the Real Property
Improvement Commitment, as outlined in Section 4.1, is not met, meaning that (i)
Company failed to expend at least Thirteen Million Dollars ($13,000,000.00) in
Construction Costs for the Required Improvements by the Completion Date, or(ii)
the Completion Date did not occur on or before the Completion Deadline, an Event
of Default will occur and the City will have the right to terminate this Agreement,
effective immediately, by providing written notice to Company without further
obligation to Company hereunder.
7.2. Failure to Meet Personal Property Improvement Commitment.
7.2.1. Failure to Meet Initial Personal Property Improvement
Commitment.
Notwithstanding anything to the contrary herein, if the initial
Personal Property Improvement Commitment outlined in Section 4.2.1, is
not met, meaning that Taxable Tangible Personal Property having a value
of at least Fifty-six Million One Hundred Thousand Dollars
($56,100,000.00) was not in place on the Land by January 1, 2021, as
determined solely by Tarrant Appraisal District or the appraisal district
having jurisdiction over the Land at that time and reflected in the certified
appraisal roll received by the City from such appraisal district in such year,
an Event of Default will occur and the City will have the right to terminate
this Agreement, effective immediately, by providing written notice to
Company without further obligation to Company hereunder.
7.2.2. Failure to Meet Escalated Personal Property Improvement
Commitments.
Notwithstanding anything to the contrary herein, if either of the
escalated Personal Property Improvement Commitments outlined in
Sections 4.2.2 and 4.2.3 are not met, meaning that (i) Taxable Tangible
Personal Property having a value of at least Ninety-six Million Dollars
($96,000,000.00) was not in place on the Land by January 1, 2023 or (ii)
Taxable Tangible Personal Property having a value of at least One Hundred
Thirty-six Million One Hundred Thousand Dollars ($136,100,000.00) was
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
not in place on the Land by January 1,2025,as determined solely by Tarrant
Appraisal District or the appraisal district having jurisdiction over the Land
at that time and reflected in the certified appraisal roll received by the City
from such appraisal district in such year, an Event of Default will occur and
the City will have the right to terminate this Agreement by providing written
notice to Company. In this event, (i) regardless of the date of the City's
written notice, the effective date of termination will be deemed to be
January 1 of the year in which Company failed to meet the applicable
Personal Property Improvement Commitment; (ii) Company will not be
eligible to receive an Abatement in that year or any future year, but will be
entitled to the retain the benefit of the Abatements it received in all previous
years; and (iii) it is specifically understood that the provisions of Section
7.8, entitling the City to recover payment from Company of all previous
Abatements received, will not apply.
7.3. Knowing Employment of Undocumented Workers.
Company acknowledges that effective September 1, 2007, 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(f) (relating to federal criminal penalties and injunctions for a
pattern or practice of employing unauthorized aliens) and such violation occurs
during the Term of this Agreement.
• 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 Abatement received by Company hereunder,
if any,plus Simple Interest at a rate of two percent(2%)per annum based
on the amount ofAbatement received in each previous year as of December
31 of the tax year for which the Abatement was received; or
• 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 Abatement received by Company hereunder, if any,
plus Simple Interest at a rate of two percent(2%)per annum based on the
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
amount of Abatement received in each previous year as of December 31 of
the tax year for which the Abatement was received
For the purposes of this Section 7.3,"Simple Interest"is defined as a rate of interest
applied only to an original value, in this case the aggregate amount of Abatement.
This rate of interest can be applied each year, but will only apply to the aggregate
amount of Abatement and is not applied to interest calculated. For example, if the
aggregate amount of Abatement is $10,000 and it is required to be paid back with
two percent(2%) interest five years later,the total amount would be $10,000+ [5 x
($10,000 x 0.02)], which is $11,000. This Section 7.3 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 7.3 shall survive the expiration or termination of this
Agreement.
7.4. Foreclosure on Land or Required Improvements.
The City will have the right to terminate this Agreement immediately upon
provision of written notice to Company of any of the following events: (i) the
conveyance of the Land or the Required Improvements pursuant to an action to
foreclose or otherwise enforce a lien, mortgage or deed of trust on the Land or the
Required Improvements; (ii) the involuntary conveyance to a third party of the
Land or the Required Improvements; (iii) execution of any assignment of the Land
or Required Improvements or deed in lieu of foreclosure to the Land or Required
Improvements; or(iv)appointment of a trustee or receiver for the Land or Required
Improvements and such appointment is not terminated within one hundred twenty
(120) calendar days after the appointment occurs.
7.5. Failure to Pay Taxes or Non-Compliance with Other Legal
Requirements.
An Event of Default will occur if any ad valorem taxes owed to the City by
Company become delinquent and Company does not timely and properly follow the
legal procedures for protest and/or contest of any such ad valorem taxes,or Company
is in violation of any material Legal Requirement due to any act or omission
connected with Company's operations on the Land;provided,however,that an Event
of Default shall not exist under this sentence unless Company fails to cure the
applicable failure or violation within thirty (30) calendar days (or such additional
time as may be reasonably required) after Company receives written notice of such
failure or violation.
7.6. General Breach.
In addition to Sections 7.1, 7.2, 7.3, 7.4, and 7.5, an Event of Default under
this Agreement will occur if either party breaches any term or condition of this
Agreement, in which case the non-defaulting party must provide the defaulting
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
party with written notice specifying the nature of the Default. Subject to Sections
7.1, 7.2 and 7.4, in the event that any Event of Default hereunder remains uncured
after thirty (30) calendar days following receipt of such written notice (or, if the
defaulting party 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 non-defaulting
party will have the right to terminate this Agreement, effective immediately, by
providing written notice to the defaulting party.
7.7. Failure to Meet Construction Cost Spending,Employment, or Supply
and Service Spending Commitments.
If Company fails to meet the Fort Worth Construction Commitment, the
M/WBE Construction Commitment, the Overall Employment Commitment, the
Fort Worth Employment Commitment,the Central City Employment Commitment,
the Fort Worth Supply and Service Spending Commitment, or the M/WBE Supply
and Service Spending Commitment in any year in which such Commitments apply,
any such event will not constitute an Event of Default hereunder or provide the City
with the right to terminate this Agreement, but, rather, shall only cause the
percentage or amount of Abatement available to Company pursuant to this
Agreement to be reduced in accordance with this Agreement.
7.8. Statutory Damages.
Company acknowledges and agrees that termination of this Agreement due
to an Event of Default by Company, other than for failure to meet the escalations
to the Personal Property Improvement Commitment outlined in Sections 4.2.2 and
4.2.3,will (i) harm the City's economic development and redevelopment efforts on
the Land and in the vicinity of the Land; (ii) require unplanned and expensive
additional administrative oversight and involvement by the City; and (iii) be
detrimental to the City's general economic development programs,both in the eyes
of the general public and by other business entities and corporate relocation
professionals, and Company agrees that the exact amounts of actual damages
sustained by the City therefrom will be difficult or impossible to ascertain.
Therefore, upon termination of this Agreement for any Event of Default, and as
authorized by Section 312.205(b)(6) of the Code, Company must pay the City, as
liquidated damages authorized by the Code, an amount equal to all taxes that were
abated in accordance with this Agreement for each year in which an Event of
Default existed and which otherwise would have been paid to the City in the
absence of this Agreement. The City and Company agree that this amount is a
reasonable approximation of actual damages that the City will incur as a result of
an uncured Event of Default and that this Section 7.8 is intended to provide the City
with compensation for actual damages, as authorized by the Code, and is not a
penalty. This amount may be recovered by the City through adjustments made to
Company's ad valorem property tax appraisal by the appraisal district that has
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
jurisdiction over the Land and over any taxable tangible personal property located
thereon. Otherwise, this amount will be due, owing and paid to the City within
sixty (60) days following the effective date of termination of this Agreement. In
the event that all or any portion of this amount is not paid to the City within sixty
(60) days following the effective date of termination of this Agreement, Company
shall also be liable for all penalties and interest on any outstanding amount at the
statutory rate for delinquent taxes, as determined by the Code at the time of the
payment of such penalties and interest(currently, Section 33.01 of the Code).
8. 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 Land 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.
9. INDEMNIFICATION.
COMPANY, AT NO COST TO THE CITY, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS,AGENTS SERVANTS 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, THE
LAND AND ANY OPERATIONS AND ACTIVITIES THEREON; OR THE
PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT
OTHERWISE. THIS SECTION SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT.
10. NOTICES.
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Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
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 Raider Express, Inc.
Attn: City Manager Attn: Ryan Morris
200 Texas Street Mike Eggleton Sr.
Fort Worth, TX 76102
with copies to:
the City Attorney at the same address and
Economic Development Department
Director at 1150 South Freeway, Fort Worth, TX 76104
11. EFFECT OF SALE OF LAND AND/OR REOUIRED IMPROVEMENTS;
ASSIGNMENT AND SUCCESSORS.
Company may assign this Agreement and all or any of the benefits provided
hereunder to (a) an Affiliate that owns or takes title to the Land or (b) a successor to
Company by merger or consolidation only if(i) prior to or contemporaneously with the
effectiveness of such assignment, Company provides the City with written notice of such
assignment, which notice must include the name of the Affiliate and a contact name,
address and telephone number for the Affiliate, and (ii) the Affiliate agrees in writing to
assume all terms and conditions 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 will not be unreasonably withheld, conditioned on (i) the proposed assignee or
successor agrees to take title to the Land and any Taxable Tangible Personal Property; (ii)
the proposed assignee or successor is financially capable of meeting the terms and conditions
of this Agreement;and(iii)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 an Event of
Default under this Agreement. 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.
12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS.
Page 23
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
This Agreement is subject to all applicable Legal Requirements.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
Page 24
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
18. FORCE MAJEURE.
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, strike, inclement weather, shortages or unavailability of labor or materials,
unreasonable delays by the City (based on the then-current workload of the City
department(s) responsible for undertaking the activity in question) in issuing any permits,
consents, or certificates of occupancy or conducting any inspections of or with respect to
the Required Improvements, or other circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of those
enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to such
design or construction requirement shall be extended for a period of time equal to the period
such party was delayed. Notwithstanding anything to the contrary herein, it is specifically
understood and agreed that Company's failure to obtain adequate financing to complete
the Required Improvements by the Completion Deadline shall not be deemed to be an event
of force majeure and that this Section 18 shall not operate to extend the Completion
Deadline in such an event.
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. In the
event of any conflict between the body of this Agreement and the Application,the body of
this Agreement shall control.
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. 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.
Page 25
Tax Abatement Agreement between
City of Fort Worth and Raider Express.Inc.
22. 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.
23. BONDHOLDER RIGHTS.
The Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to the rights of holders of outstanding bonds of the City.
24. CONFLICTS OF INTEREST.
Neither the Land nor any improvements thereon are owned or leased by any
member of the City Council, any member of the City Plan or Zoning Commission or any
member of the governing body of any taxing unit with jurisdiction in the Zone.
EXECUTED as of the last date indicated below:
[SIGNATURES IMMEDIATELY FOLLOW ON NEXT TWO (2) PAGES]
Page 26
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
t
CITY OF FORT WORTH:
By:
Susafi Alanis
istant City Manager
Date:_ 3
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Deputy City Attorney A
M&C:-C-28580 02-13-18
r Ci acre F0011%
.
Form 1295: 2018-298785 Ali
%0
STATE OF TEXAS §
COUNTY OF TARRANT §
�XAS
BEFORE ME, the undersigned authority, on this day personally appeared usan
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 she
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.
GIV UNDER MY HAND AND SEAL OF OFFICE this A3 day of
2018.
' Alnl
Not ry Public in ana for MARIA S.SANCHEZ
thy State of ex My Notary ID#2256490
1`+ /I C I 1TF Of tE}• Expires December 19,2021
Notary's Printed Name
Page 27
Tax Abatement Agreement between OFFICIAL RECORD
City of Fort Worth and Raider Express,Inc. CITY SECRETARY
FT.WORTH,TX
RAIDER EXPRESS, INC.,
a Texas corporation:
By:
Name: Xan M Tris
Title: &Plofler
Date: �/ l
STATE OF §
COUNTY OF-Tam §
BEFORE ME,the undersigned authority, on this day personally appeared
�(4a YN yeyo .,5 of RAIDER EXPRESS, INC., a Texas
corporation, 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
RAIDER EXPRESS, INC.
GI, E�UNDER MY HAND AND SEAL OF OFFICE this
day of 92018.
Notary Public i nOr c TINA CARTER
the State of Notary ID # 12210733
I My Commission Expires
January 11, 2021
Notary's Printed Name ` /`----
Page 28
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
� r
EXHIBITS
"A"—Description and Map Depicting the Land
"B"—Company's Tax Abatement Application
"C"—Map of Central City
Tax Abatement Agreement between
City of Fort Worth and Raider Express,Inc.
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
9"'�C'Al S
Nanle of Employee/Signature
ota -
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL RECORD
CITY SECRETARY
FT.NORTH,TX
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
BEGINNING at a Texas Department of Transportation Monument found for the southwest corner
of the herein described tract, common to the southeast corner of Tract 1 - 5.296 acres
described in the deed to Commission on Church Growth and Development, recorded
Document Number 0210272904 P.R.T.C. T., in the north right-of-way line of U. S. Highway
287 (350' R.O.W.);
THENCE North 00" 24' 25" East- 1221.05';
THENCE South 88' 47' 05" East - 758.35';
THENCE South oo• oo- 00" East- 150.02';
THENCE South 88' 47' 05" East - 115.92';
THENCE South 05' 56' 26" West - 37.40';
THENCE South 05' 57' 04" West - 549.18';
THENCE South 79' 53' 44" East - 530.00';
THENCE South oo- 29. 44" West- 1081.92';
THENCE North 89" 30' 16" West -419.05';
THENCE North 52" 30' 22" West- 1153.65' along the north right-of-way line of said U. S.
Highway 287, to the POINT OF BEGINNING and containing 42.22 acres of land.
Tax Abatement Reinvestment Zone No. 96— Raider Express
FORTWORTH. vicinity of the Intersection of
Highway 287 and Willow Springs
Road Fort Worth TX 76177
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Copyright 2016Oty of Fort Wath.Unauthorized reproduction is a violation of appk&We laws.This product Is for Informational purposes and may not have been prepared for or be suitable for kgal,aryinaedrge or turveft
purposes.k does not represent an on-the-poundsurvey and represents only the approximate rdathe location of properly boundaries.The City of FortWath assumes no responsdAty forthe aacuraeyof mid data.
EXHIBIT "B"
TAX ABATEMENT APPLICATION
FoRT WORTH®R
Economic Development
Incentive Applicati®n
Economic Development Department
1150 South Freeway
Fort Worth, Texas 76104
(817) 871-6021
Incentive Application
I APPLICANT INFORMATION - = -
Date: Nov 30,2017
Company Name:Raider Express
Company Address: 2400 Cold Springs Rd
City: Fort Worth State: TX Zip: 76106
Contact Person: Ryan Morris Title/Position: Controller
Telephone Number. 800-234-1534 X117
Mobile Telephone Number: 682-429-6713 Fax Number 817-632-9244
E-Mail Address:ryanmorris@raiderexpress.com
1.if the applicant represents a Company.(if a Developer and not a Company,proceed to#2.)
A. Company Ownership(check one): F Publicly Traded Stock I✓. Privately Held
B. Form of Business(choose one): Corporation
C. How long has the company been in operation (Years)?19
D. Company Industry:Transportation
E. Describe the Company's principal business:
Over the road refrigerated trucking
F. Describe the Company's international presence, if any:
N/A
G. Describe the Company's corporate citizenship practices:
We are heavily involved with the Truckload Carriers Association and many of their causes such as the Wreaths Across
America donation drive. We have also partnered with various school districts,local churches and charities to accept and
deliver donated goods and supplies to recent storm victims in our surrounding areas.
2.!f the applicant represents a Developer.
A. Describe the Developer's experience and background. Please include similar projects that you have constructed including
the project type and location (attach additional sheets as necessary):
N/A
B. Development Partners (Architect, Engineering Team, Interior Design, General Contract, etc.)
N/A
Page 2 of 6
ll 'ROIEUTINFORMATION
Please include below the project description, project benefits and how the project positively impacts the community. Any
incentives given by the City should be considered only"gap"financing and should not be considered a substitute for debt and
equity. However, the City is under no obligation to provide gap financing just because a gap exists. In order for a
Company or Developer to be eligible to receive incentives for a project, the Company/Developer:
A. Must complete and submit this application and the application fee to the City;
B. Company/Developer or Company/Developer's principals must not be delinquent in paying property taxes for any
property owned in Fort Worth;
C. Company/Developer or Company/Developer's principals must not have ever been subject to the City of Fort
Worth's Building Standards Commission's Review;
D.Company/Developer or Company/Developer's principals must not have any City of Fort Worth liens filed against
any other property owned by the applicant property owner/developer. "Liens"includes, but is not limited to, weed
liens, demolition liens, board-up/open structure liens and paving liens.
1. Project Description (attach additional sheets as necessary):
Please see the attached PDF
2. In what way will the project benefit the surrounding area or serve as a catalyst for additional development and/or business
opportunities for the local economy(i.e. attract suppliers or customers)?
We feel the relocation of our Corporate Headquarters and Truck Driver Training School to this area will help drive
additional commerce such as new Restaurants,Hotels,and other Retail storefront to help further the 287 expansion.
3. Describe how the project positively impacts the community.
Our project promotes job growth. We feel our Truck Driver Training School allows for students to learn a skill they can use
to maximize their earning potential.
![IPR0IECT DETAILS
1. Proposed Project Site Address:126208 Highway 287, Fort Worth TX 76179
2. Proposed Project Site Land Size(Acres):25
3.Will environmental remediation be required?No
4.Is this an existing facility or will a new facility be constructed? I✓. New I-.Existing
A. If new,what is the construction:Anticipated Start Date:02/01/2018 Anticipated Completion Date:08/01/2019
B. If existing, is this an adaptive reuse?
5. Type of Project(choose one): Commercial/Industrial
6. Building Area(Square Feet)Requirements:
(a) Office 20,000
(b) Manufacturing
(c)Warehouse
(d)Showroom/Retail
(e) Other 41,000
Total Area(a+b+c+d+e): 61,000 SF
7. Will this facility be LEED certified,and if so, at what level? N/A
8. Public open space included within the proposed project site: N/A SF/Acres
Page 3 of 6
Q. Ifthe applicant represents eCompany. (if aDeveloper and not aCompany,proceed 8o#10.)
/L |sthe Company expanding its existing local operations orrelocating its operations from somewhere else buour area?
r Expansion r7 Relocation
B. /farelocation,where/sthe company currently located? Fort VVodb TX
O'Does the company plan holease nrown the facility inFort Worth? [— Lease [7Own
D. If the company is planning to lease space in Fort Worth,what is the lease term? N/A yaono
E. Describe the specific operations and services to be provided orproducts to be manufactured at the proposed Fort Worth
facility(attach additional sheets as necessary):
Corporate Headquarters and Truck Driver Training Gchoo|
10. Development requests that will be sought for the project(select all that apply):
[7 Rop|at
[— Rezoning Current Zoning: Requested Zoning:
[— Variances Dyes, please describe:
[— DmmntownDem|gnReviawBoand
F— LandmarkCommission
[— Public Infrastructure Assistance
11. Real Estate Investment
A' Current Assessed Valuation of:Land $22OOOOO Improvements$U
B.Total Construction Costs:$1,500000
C. Hand Construction Costs:$12,500,000
12. Business Personal Property and Inventory
/\. Business Personal Property
Total investment onequipment, machinery,furnishing, eto.:$87OU0OUO Lease Purchase
*Estimated taxable value ofequipment, machinery,furnishing,etc.: $ 100,000,000
*This is the value that will heonthe tax rolls which includes all tangible pmperty-
Q. |nvento0/ondSupp|iao
Value ofInventory.$D5O0OO Value ofSupplies: $5OOOO
Percent of inventory eligible for Freeport Exemption(inventory,exported from Texas within 175 days) O q6
13.Total Capital Investment(Real Estate and Business Personal Property):$100,000,000
-V;�� ------------
On the Project Site
1. How many persons are currently employed? 389
2.What percent ofcurrent employees above are Fort Worth reaidenbn?32 96 '
3.What percent cfcurrent employees above are Central City residents?17 q6
Page 4ofd
:M...- YMENT AN - - REATIN(Conan.::.::: :—
4. Please complete the following table for new jobs to be created from direct hire by applicant.
Currently At Completion Estimated By Estimated By
Fifth Year Tenth Year
Beta ed lobs=- --== 389 '44 ;:;::_:_= = 667,.` : .-_--New Jobs to be Created 26 45 270 450
4877.12=`
_....___ -..:_j,.-_ ::: _—•.:.<:. :_.,. .-'..:;.. -937......._
%of Net Jobs to be filled by 32 30 30 30
Fort Worth Residents
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5. Please attach a description of the jobs to be created,tasks to be performed for each and wage rate for each classification.
6. Does the applicant provide the following benefits: r✓ Retirement f7 Health r✓ Dental f✓— Domestic Partner
7.Average wage paid to employees to be located at the project site:$66,569
8. Describe the Company's talent recruitment efforts:
We actively recruit local Universities for top logistical talent as well as attend regional job fairs to attract new employees.
For our Truck Driver Training school we advertise on various social media platforms as well as through other digital
markets.
VIN -ER 'RE(
Incenlive(s) Requested: r✓ Tax Abatement I— Chapter 380 Economic Development Program Grant
Do you intend to pursue abatement of County taxes? f✓`Yes f— No
If requesting a Tax Abatement,please refer to the Tax Abatement Policy for a comprehensive explanation of eligibility requirements.
During Construction
1.What percent of the total construction costs described in Section 111,Question 11 will be committed to:
A. Fort Worth businesses?-r r3 p
B. Fort Worth Certified Minority and Women Business Enterprises?-raD_ %
For Annual Supply and Service Needs
Regarding discretionary supply and service expenses(Le landscaping,office or manufacturing supplies,janitorial services,
etc., excluding utilities):
2.What is the annual amount of discretionary supply and service expenses? $ 113.P
3.What percentage will be committed to Fort Worth businesses?100
4.What percentage will be committed to Fort Worth Certified Minority and Women Business Enterprises? -7317
_0.
Is any person or firm receiving any form of compensation,commission or other monetary benefit based on the level of
incentive obtained by the applicant from the City of Fort Worth? If yes, please explain and/or attach details.
Page 5 of 6
* ~
These documents must be submitted with the application, otherwise the application will be deemed incomplete and will not be
a.)Attach asite plan ofthe project.
b.) Explain why incentives are necessary for the success of this project. Include a business pro-forma or other
documentation bosubstantiate your request.
c.)Describe any environmental impacts associated with this project.
d.) Describe the infrastructure improvements(water, uewor, otn*obn, oho.)that will be constructed as part ofthis
project.
e')Attach atalent recruitment plan,ifapplicable.
Q#ttach a legal description or surveyor's certified metes and bounds description.
g.)Attach a copy of the most recent property tax statement from the appropriate appraisal district for all parcels
involved in the project.
h.)Attach o bhsfdoouhpUon of the employee benefit package(s)offered(i.e.health|nuunonma, retinoment, public
transportation osaiatenmo,day care prx)vioiona. etc.)including portion paid byemployee and employer
respectively,
Q Attach o plan for the utilization ofFort Worth Certified M8W8E companies.
j.)Attach o listing of the applicant's Board of Directors, if applicable.
k.)Attach a copy of|noorponndon Papers noting all pdncipo|o, partnem, and agents and all Fort Worth properties
owned byeach.
i)Attach the purchasing representative's company contact information if known.
The company is responsible forpaying $5,000 as an application fee. |fih_= application is withdrawn before the project is
pnaaamsdtoCity Council in ExsCudna Saooion, the fee is refunded. Upon presentation (uCity Council in Open 8aowinn.
$2.000 is non-refundable and isapplied !ooffset costs incurred hythe Economic Development Department. Upon approval
L City Council, the balance of$3.000 can be credited (awards required building pannitu, inspections feao, nap|atting fm,
and other costs of doing bun\nessx:i!h the City related to the development.Any unueed credit balance upon completion of the
pnojocLvviU be refunded upon request from the company.
N.
C}nbehalf of the applicant, I certify the information contained in this application,including all attachments to be true and
correct. |further certify that,onbehalf of the applicant, I have read the current Incentive Policy and all other pertinent City of
Fort Worth policies and |agree with the guidelines and chtoho state therein.
Printed Name: Ryan Morris
Title: Controller
Date: Nov DO 2017
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EXHIBIT "C"
Map of Central City
CDBG Eligible Areas & Central City
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248
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76131
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76148 76180 n
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132 I( 76017
1.76.1.3 f -J�
76134
76060
76128 '
�~ 76001
7614
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6063
76036 ._- __..
76028
g 0 1 2 4 6 8 Planning Department FORTWORTH
Miles 10/21/04-BK
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTIIi
COUNCIL ACTION: Approved on 2/13/2018
DATE: 2/13/2018 REFERENCE C-28580 LOG NAME: 17RAIDEREXPRESS
NO..
NON- PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of Tax Abatement Agreement with Raider Express for an Office,
Training and Maintenance Facility to be Located at Property in the Vicinity of the
Intersection of Highway 287 and Willow Springs Road (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Tax Abatement
Agreement with Raider Express for the construction of an approximately 61,000 square foot campus at
property in the vicinity of the intersection of Highway 287 and Willow Springs Road.
DISCUSSION:
Raider Express (Company) is an existing Fort Worth logistics and transportation company that will
significantly expand their operations with this proposed expansion. The Company plans to build a new,
approximately 61,000 square foot office, training and maintenance facility at property in the vicinity of the
intersection of Highway 287 and Willow Springs Road.
Company will make at least$13,000,000.00 in real property (exclusive of land costs) by December 31,
2019. Company must also locate new taxable business personal property on the Project Site having a
minimum taxable appraised value specified below by the appraisal dates specified below:
•A total taxable appraised value of at least$56.1 million (2017 base value + $40.1 million) by 1/1/2021
• A total taxable appraised value of at least$96.0 million (2017 base value + $80 million) by 1/1/2023
• A total taxable appraised value of at least$136.1 million (2017 base value + $120.1 million) by 1/1/2025
The Company will spend or cause to be expended the greater of 25 percent or$3,050,000.00 of all hard
construction costs for the Development with Fort Worth contractors. The Company will spend or cause to
be expended the greater of 15 percent or$1,830,000.00 of all hard construction costs for the Development
with contractors that are Fort Worth Certified Minority/Women Owned Business Enterprise companies (with
the understanding that dollars spent with Fort Worth Certified M/WBE companies will also count as dollars
spent with Fort Worth companies). 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); and (ii) has a principal business office located within the
corporate limits of the City.
The Company must provide the following minimum number of full-time jobs on the Project Site in each of
the following years (as measured by Company's employment data as of December 31 of each such year):
• at least 442 full-time jobs in 2020 and 2021
• at least 532 full-time jobs in 2022 and 2023
• at least 622 full-time jobs in 2024
The Company will fill a minimum of 30 percent of all Full Time Jobs (regardless of the total number of full-
time jobs provided on the Project Site)with Fort Worth residents and 15 percent of all Full Time Jobs
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25540&councildate=2/13/2018 4/26/2018
` M&C Review Page 2 of 3
(regardless of the total number of full-time jobs provided on the Project Site)with Fort Worth Central City
Residents (with the understanding that employment of Fort Worth Central City Residents will also count as
employment of Fort Worth City Residents).
The Company will spend the greater of 35 percent or$1,225,000.00 in annual discretionary service and
supply expenses with Fort Worth companies, and the greater of 15 percent or$525,000.00 in annual
discretionary service and supply expenses with companies that are Fort Worth Certified Minority/Women
Owned Business Enterprise companies.
In return, the City will grant a 50 percent tax abatement on the incremental increase in value of real and
personal property improvements for a period of five years. The Company must meet specific construction
spending, annual employment and annual supply and service spending commitments in order to achieve
the maximum amount of potential incentive for each abatement year.
Except for cases of default, failure to meet a particular commitment will result in a reduction to the grant
amount that the Developer is entitled to receive in a given year based on the value assigned to the
commitment in accordance with the following chart:
Property Owner or Company Commitment Potential
Grant
Real and Personal Property Investment(Base Commitment) 10 percent
25 percent Construction Spending with FW Contractors 5 percent
15 percent Construction Spending with FW Certified M/WBE 5 percent
Contractors 1.
Overall Employment 1 5 percent
30 percent Full Time Employees are Fort Worth Residents 3 7.5 percent
15 percent Full Time Employees are Fort Worth Central City 7.5 percent
Residents
35 percent annual with FW Companies for Services and Supplies 5 percent
15 percent annual with FW M/WBE Companies for Services and 5 percent
Supplies
TOTAL 50 percent
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the estimated value of the abatement over the 5-year period is
$2,145,463.00.
TO
!f=und Department Account Project Program Activity Budgetr Reference# Amount
FROM _
Fund , Department Account Project TProgram� Activity Budget Reference# ��
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25540&councildate=2/13/2018 4/26/2018
M&C Review Page 3 of 3
( ( ID ( ( ID ( ( ( Year ( (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Robert Sturns (2663)
Additional Information Contact: Brenda Hicks-Sorensen (8178700154)
ATTACHMENTS
180130 RaiderExpress RZ96 Map.pdf
Form 1295 Certificate 100311532 - Signed.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25540&councildate=2/13/2018 4/26/2018
C�
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.i-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. 2018-298785
Raider Express
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 01/04/2018
being filed.
City of Fort Worth Date Acknowl Ige
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.
TX/RZ96
Tax Abatement
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��/
My name is a�2 V y rvtS and my date of birth is/ !i �¢d1e)
My address is y 3 Z ��� - sj7o rf-(,Vur- �(�z ae
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in k• County, State of C—tea s on the L
Jjr4day of 20�_.
(month] (year)
t
Signature/61 authori ed agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx. Version V1.0.3337