Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution 1460
-~ ~ ~ A Resolution ATTACHMENT A CITY OF FORT WORTH ,:~~ COUNCIL RESOLUTION N0. _~~ -.~- WHEREAS, American Airlines, Inc. has requested that the City of Fort Worth enter into a Tax Abatement Agreement by and between the City of Fort Worth and American Airlines, Inc. for a 44.4625 acre tract of land (Tract 2): and WHEREAS, the City Council gave public notice and all affected taxing units were notified of the City of Fort Worth's intent to enter into the proposed tax abatement agreement: and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that'the City Manager shall be authorized to execute it on behalf of the City of Fort Worth: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: A. THAT the subject property that is described in the Agreement ,T is located within Tax Abatement Reinvestment Zone No. Two (2), ~l'~ which was established by City Ordinance No. _f~` -------' B. ~ THAT the City Council finds that the improvements sought are feasible and practical, and would be a benefit to the land and to the City after the expiration of the tax abatement agreement. C. THAT the City Council finds that written notice of this meeting and of the City's intent 'to enter into the Tax Abatement Agreement. and copies of the attached proposed Tax Abatement Agreement, were mailed by certified mail to all affected taxing units in accordance with state law. D. THAT the City Council finds that the terms and conditions of the Agreement and the property subject to the Agreement, having been reviewed by the City Council of the City and found to meet the Policy Statement for Tax Abatement to 9ualified Commercial/Industrial Projects (Guidelines and Criteria) established by City Resolution No. ____ and the provisions of the Property Redevelopment and Tax Abatement Act. V.T.C.A., Tax Code. Sections 312.001 through 312.209. and found to be acceptable and in the best interests of the City of Fort Worth and its citizens. are hereby in all things approved. crrY or rog'r woa'ra _ _ ..~ , i~ 1 :i i ;+ E. i y, THAT the City Manager is hereby authorized to execute and deliver the Agreement and all other documents in connection therewith on behalf of the City of Fort Worth, substantially according to the terms and conditions set forth in the Agreement at the appropriate time and as approved by the City Attorney or his assistant. F. THAT this resolution shall take effect on the date of adoption. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS, THIS 22ND DAY OF AUGUST, A.D_, 1989. ------------------------------ Bob Bolen Mayor = ~y ATTEST: City Secretary APPROVED AS TO FORM: Clty Attorney APPROVED SY CITY COUNCIL AUG ~~ 1989 9~ Ciy Seoiotary of ~ Ciq of FoR Worth, Tuts crrf or >POgr wogrs ..;: ~. ~• - TRACE a2 STATE OF TERAS § TAX ABATEMENT AGREEMENT Cp(JNTS OF DEHTON § BETWEEN THE COUNTY OF TARRANT § CITY OF FORT WORTH AND CITY OF FDRT WORTH $ AMERICAN AIRLINES, INC. "' This Tax Abatement Agreement (the "Agreement") 1s entered :y~.. into by and between the City of Fort Worth, Texas (the "City" ), a home rule city and municipal corporation, duly acting herein by and through its Clty Manager, and American Airlines, Inc. ("AA"), e Delaware corporation authorized to do business in the State of Texas, duly acting by and through its authorized officers. r - W I T N E S S E T H: WHEREAS, on the day of August, 1989, the City Council of the City of Fort Worth, Texas (the "City Council"), passed Ordinance No. (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. (_), City of Fort Worth, Texas (the "Zone"), foz commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, v.T.C.A., Tax Code §§312.OD1 et seq., as amended (the "Code"); and WHEREAS, on the 1st Bay of August, 1989, the City adopted a Polley Statement on Tax Abatement to Oualif led Commercial/ Industrial Projects (Guidelines and Criteria) (the "Policy Statement"), attached hereto as Exhibit "A" and made a part • hereof for all purposes; and WHEREAS, the Polley Statement constitutes appropriate guideline6 and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Code; and ~l~. WHEREAS, the City has adopted a resolution stating that it ~~. elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Fort Worth area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, Polley Statement and Code; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated Improvements ,.~ereinafter defined) to the Premises in the amount as set forth in this Agreement and the other terms hereof are consistent with encouraging development of~the Zone in accordance with the purposes for its creation and are in compliance with the Ordinance, the Policy Statement and the guidelines and criteria included therein, the Code an8 ell other applicable laws; ane WHEREAS, a copy of this Agreement has been furnished, in the manner prescribe8 by the Code, to the presiding officers of the governing bodies of each of the taxing unitc in which the Premises to be subject to the Agreement Ss located; NOW, THEREFORE, the City for good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, which consideration includes the expansion of primary employment and the attraction of major investment in the Zone, which contributes to the economic development of Fort Worth and the enhnneement of the tax base in the City, and AA for good ~~ and valuable consideration, the adequacy and receipt of which is hereby acknowledged, which consideration Snclude5 the tax abatement set forth herein below, as authorized by the Code, as amended, do hereby contract, covenant and agree as follows: Fi* " I. GENERAL PROVISIONS A. AA is the owner of that parcel of land described on Exhibit "H" attached hereto and made a part hereof for all purposes (the "Premises"). The Premises are located within the "~ Zone, nnd, with the exception of approximately 9.9277 acres (the "Annexation Tract") described on Exhibit "C" attached hereto and made a part hereof for all purposes, the Premises are located within the City limits. Pursuant to §312.204(0) of the Code, the Annexation Tract shall be subject to all of the terms and conditions hereof with respect to taxation by the City immediately upon annexation. The Annexation Tract shall, for purposes of all other taxing jurisdictions, be eubj act to the terms and conditions hereof upon the execution of this Agreement by the City and AA, except as otherwise provided Dy law. 8. The Premises are not in an improvement project financed by tax increment bonds. C. Thi6 Agreement is entered into subject to the rights of the holders of outstanding bonds o£ the City. D. None of the property subject to abatement of taxes under this Agreement is owned or leased by (i) any member of the Fort Worth City Council, (ii) any member of the Fort Worth Plan Commission, (iii) any member of the Fort Worth Zoning Commission, or ~(iv) any member of the governing body of any taxing units joining in oz adopting this Agreement. II. ~~ IMPROVEMENTS AND JOHS ~ AA agrees to construct or cause to be constructed on and fir/ within the Premises improvements (the "Improvement6") consisting of (i) a new commercial building or buildings for aircraft maintenance and support uses Containing a minimum of 250,OD0 square feet of Floor space, (ii) paving, and (iii) facilities and other improvements related to aviation uses. The cost of the Improvements shall be, at a minimum, Fifty Killion Dollars (S50,000,D00). The approximate location of such improvements is reflected on a preliminary site plan attached hereto as Exhibit "D" and made a part hereof for all purposes. AA further agrees that there shall be created 1,500 cumulative new jobs in connection witl: the operations of AA on, or within the immediate vicinity of, the Premises. III. PROPERTY SVHJECT TO TAX AHATEMENT, RATE OF TAZ ABATEMENT, TERM OF TAR ABATEMENT AND RELATED PROVISIONS A. A tax abatement, as described herein, shall be granted in each year of the abatement period on (i) the Premises, (ii) ell Improvements constructed on the Premises, and (iii) all tangible personal property located on the Premises, excluding inventory and supplies (except as otherwise provided in Paragraph ~ D below), as follows: ~~ (1) The Premises and ell Improvements constructed "~ thereon shall be subj eat to abatement to the extent the value thereof, es reflected on the tax rolls of the Denton and Tarrant Appraisal Districts (the "Tax Rolls") in each -2- . -- such year, exceeds the value thereof, as reflected on the Tar Rolls, for the year in which this Agreement ie executed. (2) All tangible personal property located on the Premieee, exclufling inventory and supplies (except as provided for in Paragraph D below), shall be subject to abatement as provided herein other than tangible personal property located an the Premises before the execution of this Agreement. AA represents and warrants that there is no such tangible personal property on the Premises as n£ the date of execution of this Agreement, and the City acknowledges this representation as true and correct. B. The tax abatement rate under this Agreement shall be one hundred percent (100$) o£ the value of the property described herein ae said value 1s reflected on the Tex Rolls. C. The full fifteen (15) year tax abatement period provided by law is hereby granted (except as otherwise provided in Paragraph D 'below). This period of abatement shall commence on January 1, 1993, unless such eortuoencement date is deferred at the sole election of AA or its assigns by notice in writing to the City, such notice to be given on or before December 1, 1992. AA may in such manner annually defer the commencement date, but in no event beyond the earlier to occur of the following dates: (i) January 1 of the year following the year in which a certificate of occupancy is issued by the City for AA's ''•v,,,,, principal facility on the Premises, 1.e., en alrcr aft hanger ~"`"'~°`"`~bull ding, or an extension thereof, or (11) January 1, 1996. Notice of each deferral shall be given in writing on or before December 1 of the year preceding the year in which the abatement Ss otherwise t0 Commence. D. Effective September 1, 1989, all inventory and supplies located on the Premises shall be subject to tax abatement ,~ ~ pursuant to the provisions of 5.8. No. 1312 as passed by the Legislature of the State o£ Texas (the "Legislature"), Acts of .~, the 71st Legislature, Regular Session, 1989, wherein the Code was amended to add Subsection (e) io Section 312.2D6 thereof. As a consequence of such amendment, ell inventory and supplies located on the Premises and owned or leased by AA, as a certificated air carrier, 6ha11 be subject to an abatement of one hundred percent (100$) of the value thereof, as shown on the Tax Rolls, for a period of ten (10) years. The commencement o£ such abatement period shall be determined as set forth in Paragraph C above. E. The parties hereto acknowledge that the Legislature has passed S.J.A. No. 11 proposing that Article VIII of the Texas Constitution be amended by adding thereto a new Section 1-j, providing for the exemption from ad valorem taxation of certain tangible personal property described in said proposed amendment (the "Amendment"). The Amendment is to be submitted to the voters o£ the State of Texa6 at an election to be held November 7, 1989. The parties hereto further recognize that the Legislature has passed H.B. 2959 amending Chapter 11 of the Code for the purpose, in part, of serving ns enabling legislation for the Amendment if it is approved by said voters, i.e., Sections 1, 2, 3 and 6 of H.B. 2959 are to be effective January 1, 199D, in the event of such approval. Zt Ss the intent of the parties • hereto that the tax abatement provisions Of this Agreement shall be applicable to the inventory, supplies and other tangible personal property located on the Premises only to the eatent that ad valorem taxes on such inventory, supplies and other tangible ..~~,, personal property located on the Premises are not, for the entire J ~,, period of tnx abatement hereunder, totally exempted as a consequence of the passage of the Amendment, the implementation of H.B. 2959, and the concurrence in such exemption by all affected taxing jurisdictions. -3- ,P ~" F. AA shall have the right to protest and contest any or all appraisals or assessments of the Premises, or of the Improvements thereon, oz on tangible personal property, and the tax abatement provided for herein for such property shall be applied to the amount of taxes finaily determined, as a result of such protest or contest, to be due for such property. G. The City specif lcally acknowledges that, if the -~~ Premises are otherwise qualified under applicable state law, the execution of this Agreement shall not prevent the Premises From qualifying as open-apace land under Article VIII, Section 1-d-1 of the Texas constitution, Section 23.52 of the Code, or other exemptions oz speci el valuations available under the Code and that, if the Premises are otherwise so qualified, the execution of this Agreement will not result in any rollback taxes under Section 23.55 of the Code. IV. FILING OF PLANS, CERTIFICATION OF COSTS AND DOHS, CITY ACCESS TO PREMISES AND USE OF PREMISES AND IMPROVEMENTS A. Construction plans for the Improvements constructed on the Premises will be filed with the City. The plans as filed shall be deemed to be incorporated herein by reference and made a part hereof Eor all purposes. B. AA shall, from time to time prior to the commencement o£ the tax abatement period, as described in Section ~2II above, certify in writing to the City the costs of construction of the Improvements. AA shall further certify to the City the creation of the cumulative new jobs specified in Section II herein. Such certifications shall be in a form reasonably satisf aetory to the City and shall be deemed to be incorporated herein by reference - ~ and ,made a part hereof for all purposes. C. At all times throughout the term of this Agreement, the City shall, upon giving reasonable notice to AA, Dave access to the Premises by City employees for the purpose o£ inspecting same to ensure that the Improvements are constructed in accordance with the conditions of this Agreement; provided, however, that such inspection shall not interfere with the normal business operations of AA on the Premises. D. The Premises and Improvements constructed thereon at e11 times shall be use8 in a manner (i) that is consistent with the Ci ty'6 Comprehensive Zoning Ordinance, as amended, and (ii) that Suring the period taxes are abated hereunder, is consistent with the general purpose of encouraging 8evelopment or redevelopment within the Zone. V. HREACH In the event that the Improvements are not constructed by December 31, 1999, then, and only then, this Agreement shall terminate and all taxes which otherwise would have been paid to the City without the benefit of nbatement under this Agreement will De come due to the City, subject to any and sll lawful off- sets, settlements, deductions, or credits to which AA may De entitled. The recovery o£ ouch taxes shall be the sole remedy of the City 1n the event of a default hereunder by AA. i -4- ~9 '"4: VI. SALE, ASSIGNMENT OR LEASE OF PROPERTY The tar abatement provided herein shall vest in AA and shall be assignable, as provided below, to each new owner or lessee of all or a portion of the Premises and the Improvements and tangitrle personal property located thereon, for the balance of the term of this Agreement. AA may make such assignment or lease without City approval to (i) Alliance Airport Authority, Ina., a Texas non-profit corporation, or (ii) any parent, subsidiary ar other affiliate of AA, or any successor by operation of law of AA or of any such parent, subsidiary or other affiliate, including, but not limited to, any successor as a result of any merger, consolidation, or other reorganization thereof (whether such successor is a corporation, business trust, or any other type of entity). Any assignment or lease to any party other than to one of the foregoing entities shall require the prior written consent of the City, which consent shall not be unreasonably withheld. VII. NOTICE All 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: AMERICAN AIRLINES, INC. `! 6200 American Boulevard Fort Worth, Texas 76155 Attention: Managing Director of Taxes with a copy to: CITY OF FORT WORTH, TEXRS City Manager 1000 Throckmorton Fort Worth, Texas 76102 VIII. CITY COUNCIL AVTHDRIZATIDN This Agreement was authorized by Resolution of the City Council approved at its Council meeting on the day of August, 1989, authorizing the City Manager to execute this Agreement on behalf of the City. IX. BOARD OF DIRECTORS AUTHORIZATION A This Agreement was entered into by AA pursuant to authority '°~ granted by its Board of Directors on the 19th day of July, 1989, whereby one or more officers of AA were authorized to execute this Agreement on behalf of AA. -5- i1 Tf X. SEVERABILITY In the event any section, subsection, paragraph, subparagraph, sentence, phrase or word herein is held invalid, illegal, or unenforceable, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, subparagraph, sentence, phrase or word. In such event there shall be substituted for such deleted provision a provision as similar in terms and in effect to such delete8 provision as may be valid, legal and enforceable. RI ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested will be addressed to a subsequent purchaser or assignee of AA, shall include, but not necessarily be limited to, statements that this Agreement is 1n full force end effect without default, if such is the case, the remaining term of this Agreement, the levels of Tax Abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificate. XII. AA STANDING - ~ AA, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underiying ordinances, resolutions, or City Council actions authorizing same, and AA shall be entitled to intervene in said litigation. RIII. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas. XIV. COUNTY BOUNDARY DISPUTE - The parties hereto acknowledge the existence of a dispute (the "Dispute") between Tarrant and Denton Counties over the precise location of a portion of their common ]urisdictional boundary. It is not certain, as of the date of this Agreement, whether or not the Premises, or a portion thereof, lie within the area subject to the Dispute. In order to adequately provide for the abatement of ad valorem taxes as provided herein, all appropriate Tarrant County and Denton County taxing ]urisdictions have entered into this Agreement. Provided, however, that the execution by Bach parties o£ this Agreement is without pre]udice ° to any such party with respect to the ultimate resolution of the ~ Dispute or their relative positions in such Dispute. -6- XV. RECORDATION OF AGREEMENT A certified copy of this Agreement in recordable form shall be recorded in the Deed Records of Denton and Tarrant Counties, Texas. EXECUTED this day of August, 1989, by the City. ERECUTED this day of August, 1989, by AA. CITY OF FORT WORTH, TEXAS ATTEST: City Secretary By' Douglas Haxman, City Manager APPROVED AS TO FORM.: Wade Adkins, City Attorney AMERICAN AIRLINES, INC., ATTEST: a Delaware corporation Sy: Name Sitle: ' ~# '~- CITY MANAGER'S ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF TARRANT § 8EFORE ME, the undersigned authority, a Notary Public in and for the State o£ Texas, on this day personally appeared Douglas Harman, City Manager of the City of Fort Worth, Texas, a municipal corporation, 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 said City o£ Fort Worth, Texas, a municipal Corporation, that he was duly authorized to perform the same Dy appropriate resolution of the City Council of the City of Fort Worth, and that he executed the same as the act of the said City for purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1989. Notary Public in and for the State of Texas My Commission Expires: CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS $ § COUNTY OF TARRANT § ra HEFORE ME, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared being the o£ American Airlines, Inc., a Delaware corporation, 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 o£ the snid American Ai zlines, Inc., a Delaware corporation, and that he executed the same as the act of said eorporatior, for purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o£ . 1989. Notary Public in and for the State of ltT ~~ My Commission Expires: ~~8- ,. SIGNATORY PAGE County of Denton, Texas STATE OF TEXAS $ § COUNTI OF DENTON $ DENTON COUNTY, the undersigned taxing unit, to the extent of its jurisdiction over the Premises, joins in the execution of the Tax Abatement Agreement between the City o£ Fort Worth and American Airlines, Znc., for the purpose of granting abatement of ad valorem taxes in the manner end in accordance with the terms set forth herein and authorizes this page to be affixed to this Agreement. This Agreement was authorized by the minutes of the Commissioners Court of Denton County, Texas, at its meeting on the day of 1989, whereupon it xas duly determined by appropriate order that the County Judge would execute the Agreement on behalf o£ Denton County, Texas. COUNTY OF DENTON, TEXAS Attest: County Clerk Approved as to Form: District Attorney ~ J STATE OF TEXAS § § COUNTY OF DENTON § Vic Burgess, County Judge BEFORE ME, the undersigned authority, a Notary Public in and £or the State of Texas, on this day personally appeared Vic Hurgess, County Judge of the County of Denton, Texas, a subdivision of the State of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknpwledged to me that the same was the act of the said County of Denton, Texas, a subdivision of the State of Texas, that he was duly authorized to perform the same by appropriate order of the Commissioners Court o£ the County of Denton, Texas, and that he executed the same as the act of the said County for purpose and consideration therein expressed and Sn the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1989. Notary Public in and for the State Of Texas I ~ My Commission Expires: v -9- ,. ~:~ ' ~ : SIGNATORY PAGE Northwest independent School District STATE OF T£RAS § § CDUNTY OF TARRANT $ NORTHWEST INDEPENDENT SCHOOL DISTRICT, the undersigned taxing unit, having jurisdiction over the Premises, loins in the execution of the Tax Abatement Agreement between the City of Fort Worth and American Airlines, ZnC., for the purpose of granting abatement of ad valorem taxes in the manner and in accordance with the terms sat forth herein and authorizes this page to be affixed to this Agreement. This Agreement was euthorized by appropriate resolution of the Northwest Independent School District Board of Trustees at its meeting on the day of 1989, whereupon it was duly determined that the Board President would execute the Agreement on behalf of the Northwest Independent School District. NORTHWEST INDEPENDENT SCHOOL DISTRICT Phoebe Dill, President, Attest: Board Of Trustees Secretary, Northwest Independent School District Approved as to Form: Attorney for Northwest Independent School District ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFDRE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Phoebe D111, President of the Northwest independent School District Hoard of Trustees, known to me to be the person end officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Northwest Independent School District, a corporate body politic, that she wns duly authorized to perform the same by appropriate resolution of the Northwest Inflepenflent School District, and that she executed the same es the act of the said Northwest Independent School District for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN VNDER MY HAND AND SEAL OF OFFICE this day of 1989. ~, Notary Public in and for the State of Texas My Commission Expires: -10- SIGNATORY PAGE Tarrant County Water Control and Improvement District Number One STATE OF TERAS $ CDUNTY OF TARRANT § $ TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUhIBER ONE, the undersigned taxing unit, Eo the extent of its jurisdic- tion Over the Premises, joins in the execution Of the Tax Abatement Agreement between the City of Fort Worth and American Airlines, Ina., for the purpose of granting abatement of ad valorem taxes in the manner and in accordance with the terms set forth herein and authorizes this page to be affixed to this Agreement. This Agreement was authorized by appropriate resolution of the Tarrant County Water Control and improvement District Number One Hoard of Directors at its meeting on the day of 1989, whereupon it was duly determined that the Hoard President would execute the Agreement on behalf of the Tarrant County Water Control and Smprovement District Number One. TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER DNE eufard I. King, Hoard President Attest: Secretary, Tarrant County ,~ Water Control and improvement ~~ District Number One Approved as to Form: Legal Counsel ACKNOWLEDGMENT STATE OF TERAS $ 5 COUNTY OF TARRANT § HEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Huford I. King, President of the Tarrant County Water Control and Improvement District Number One Hoard of Directors, known to me to be the parson and officer whose name is subscribed to the foregoing instrument and acknowledged to me that She same was the act of the said Tarrant County Water Control and Improvement District Number One, that he was duly authorized to perform the same by appropriate resolution of the said District, and that he executed the same as the act of the said Tarrant County Water Control end Improvement District Number One for the purpose and consideration therein expressed and in the capacity therein stnted. '~ GZVEN UNDER MY BAND AND SEAL DF OFFICE this Bay of r/ 1989. Notary Public in and for the State of Texas My Commission Expires: -11- SIGNATORY PAGE Tarrant County Junior College District i STATE OF TEXAS $ $ COUNTY OF TARRANT § TARRANT COUNTY JUNIOR COLLEGE DISTRICT, the undersigned taxing unit, to the extent aE its ~urisdietion over the Premises, joins in the execution of the Tax Abatement Agreement between the City of Fort Worth and American Airlines, Inc., for the purpose of granting abatement of ad valorem taxes in the manner and in accordance with the terms set fprth herein and authorizes this page to be affixed to this Agreement. This Agreement was authorized by Hoard Minutes of the Hoard of Trustees of Tarrant County Junior College District et its Hoard meeting on the day of 1989, whereupon it was duly determined that the Chairman would execute the Agreement on behalf of the Tarrant County Junior College District. TARRANT COUNTY JUNIDR COLLEGE DISTRICT Attest: Chairman, Hoard of Trustees Secretary, Tarrant County Junior College District Hoard of Trustees Legal Counsel Approved as to Form: ACKNOWLEDGMENT STATE DF TEXAS § $ CDUNTY DF TARRANT $ ' BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Chairman of the Board of Trustees o£ Tarrant County Junior College District, known to me to be the person and officer whose name is subscribed to the foregoing instzvment and acknowleflged to me that the same was the act of the said Tarrant County Junior College District, that he was duly authorized to perform the same by appropriate resolution of the Tarrant County Junior College District, and that he executed the same as the act of the said Tarrant County Junior College District for the purpose and consideration therein expressed and in the capacity therein stated. GZVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1989. Notary Public in and for the `f State of Texas My Cownission Expires: z -12- ae SIGNATORY PAGE Tarrant County Hospital District STAT£ OF TEXAS § S COUNTY OF TARRANT § TARRANT COUNTY HOSPITAL DISTRICT, the undersigned taxing unit, to the extent of its jurisdiction over the Premises, joins in the execution of the Tax Abatement Agreement between the City of Fort Worth and American Airlines, Inc., for the purpose of granting abatement of ad valorem taxes in the manner and in accordance with the terms act forth herein and authorizes this page to be affixed to this Agreement. This Agreement was authorized by the resolution of the Board of Managers o£ the Tarrant County Hospital District, at its meeting on the day of 1989, whereupon the Chairman was duly authorized to execute the Agreement on behalf of the Tarrant County Hospital District. TARRANT COUNTY HOSPITAL DISTRICT Chairman, Attest: Board of Managers Secretary, Tarrant County Hospital District Approved as to Form: _'~ General Counsel ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personaily appeared Chairmen of the Soard of Manaoers of the Tarrant County Hospital District, 8 political subdivision of the State of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument end acknoxledged to me that the same was the set of the said Tarrant County Hospital District, that he was duly authorized to perfozm the same by appropriate resolution of the Soard of Managers of the District, and that he executed the same as the aeY of the sai8 Tarrant County Hospital District for purpose and consideration therein expressed and Sn the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1989. Notary PUbliC in and for the State of Texas ~i~ My Commission Expires: -13- SIGNATORY PAGE County of Tarrant, Texas STATE OF TERAS § $ COUNTY OF TARRANS $ TARRANT COUNTY, the undersigned taxing unit, to the extent of its ~urladiction over the Premises, joins in the execution of the Tax Abatement Agreement between the City of Fort Worth and American Airlines, Inc., for the purpose of granting abatement of ad valorem taxes in the manner and in accordance with the terms set Earth herein and authorizes this page to be affixed to this Agreement. This Agreement was authorized by the minutes of the Commissioners Court of Tarrant County, Texas, at its seating an the day of - 1989, whereupon it was duly determined by appropriate order that the County Judge would execute the Agreement on behalf of Tarrant County, Texas. COUNTY OF TARRANT, TEXAS Roy English, County Judge Attest: Ccunty Clerk Approved as to FOrm: District Attorney ACKNOWLEDGMENT STATE OF TEXAS § $ COUNTY OF TARRANT $ BEFORE ME„ the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Aoy English, County Judge of the County of Tarrant, Texas, a subdivision of the State of Texas, known to me to be the parson and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said County of Tarrant, Texas, a subdivision of the State of Texas, that he was duly authorized to gerform the same by appropriate order of the Commissioners Court of the County of Tarrant, Texas, and that he executed the same as the act of the said County for purpose and considerntion therein expressed and in the capacity therein statefl.. GIVEN UNDER MY (SAND AND SEAL OF OFFICE this day of 1989. Notary Public in and for the -~ Slate of Texas My Commission Eapires: F; \IRfl1wkE\0659\0009\J10~[-S[3.6 -14- EXHIBIT "A" TO TAX ABATEMENT AGREEMENT POLICY STATEMENT $,)~pTED BY Tf1E PORT WORTS CITY CObN *r nw ADOb 3T 1- rasa CITY OF PORT WDRTS POLICY STATENNT ON TAY ABATEMENT TO QQALIFIED COMMERCIAL/INDDSTRIAL PR0IECTS (GUIDELINES AND CRITERIA) GENERAL PURPOSE AND OSJECTIVE9 The City of Fort North is eomaaitted to the promotion of high Quality development in all parts of the City, and to an oapoing improvement in the Quality cf life for Its citizens, insofar as these objectives are generally served by the enhancement of the tsx base and expansion and diversification of the loea] economy, the City of Fort Worth will, on a ease-by-ease basis, give eoaaidezation to providing tax abatement, pursuant to the Property Redevelopment and Tax Abatement Act, V,T.C.A., Tnx Code, Seetione 312.001 through 312.209, •s from time to time amended, •a a stimulation for •eonomic provth and diversificatior. is Fort North. Priority conaideratina vill be given ~= to those projects vhieh result in ]ittle or no additional cost to the city and/or projects vhieh crease greater than 1,000 nev jobs. It is the policy of the Ciip of Fort Worth that said eoaaideratioa vill be provided in accordance wish the guidelines, criteria and procedures outlined in this document. Nothing harass shall imply or suggest that the City of Fort North is under any obligation to provide tax abatement to any applicant. All applicants shall be considered on n case-by-ease basis. According to Tezas lau, Pzoyerty Redevel opmeat and Tax Abetemeat Act, V.T.C.A., Tax Code, ChaDte: 312, the City of Fort Worth may grna! tax abatement on the incremental value of a particular yroperty that is improved pursuant to a specific development Droposa] vhieh meets the economic goals and objectives of the Ciiy, TAe abatement will apply only to the incremental iaereaae is valuation. The abatement viii also apply to tangible personal property located in the zeinvestmen: zone after the exeeutiaa of an abatement agreement, including invent ozy and supplies of certificated air ear:iers (Note: Senate Hill 1312 and Rouse Hill 2013, Aeta of the 71st Legislature, Regular Session, 1989). Tax abatement viii not be ordinarily considered for projects vhieh would be developed without such incentives unless it can be demonstrated that higher development ataadar ds or other development sad community potls will be achieved through the use of the abatemeat. Based oa the genera3 purpose and objectives sad is compliance vith the ~, intent sad resets of the Rbatemeat Act, the City of Tessa Property Fort Worth will Redeval opmeat and Tax establish reinvestment ~ s OA es for economic development purposes. Within the reinvestment cones -1- ~, r~ there vial be permitted tax abatement of the increase in valve of real sad tangible personal property, including inventory and supplies for certificated air carriers. Tax abatement will be offered only within designated rsiavestmant :ones and only to those industries identified in 6eotion III, Definitions, °£ligibl• Industries". II. CRST7LRIA .Any request for tax abatement shall be reviewed by the City staff for recommendations to the Clty Council. Its determination shall be based upon an evaluation of the following criteria and nay other relevant information and msterial, which •ach applicant will be requested to address in aarrativc format. Any prop Deed project must conform to the general guidelines specified below: * Any request for tax abasement must iavoly a development project, excluding lead, with either (i) a minimum incremental increase in value of 25 million 6ollars or (ii) a minimum cost of 25 million dollars. * The project must make a substantial contribution to development efforts in the City by enhnneinq either additional development activity oz furthering redeveloyment and preservation activities ` within special pl anring areas oz be located in a special development zone of the City each as an Enterprise Zone. • The project must have high visibility, image impact or be of a significantly higher level of deve]opment quality than that vhic.`, currently exists is the City. • The y:oject muss serve as a catalyst sad yrofotype for adds:iona7 development of a higher standard or development of an additional industry whieA has been identified to be an asset to the community. * The project must generate a higher eoncentratioa of employment potential than would otherwise be achieved. * The projset must enhance property value and complement other land uses sa the project vicinity. Applications for tax abatement incentives should provide a written narrative detailing Low the Dzopoaed project relates to the erite:ia established above sad tb• issues listed below. In addressing the following issues, the applicant ahoulfl indicate the appropriate time frames in whieL the proposed events and/or reaultiaq impacts will occur, where applicable. Additionally, it i^ understood the information provided will be, out of neeeaaity, estimates only. The applicant should endeavor to provide the most accurate eatimatea possible based uyon available information. The applicant may b• requested by the City to doseribe the lops es/methodologies utilized to supply aupportiag documentation. -2- ., fi, Number of new jobs created in Fori Worth. Percentage of new employees which will (a) come from outside the City of Fort Worth and (b) from outside the State of Texas TpDes of jobs created. Total projseted annual payrol] of the Aewly created jobs. ~ PROPOSED IHPROVEMENT6 Identify and describe the kind, number sad location of all proposed improvements to the property, as well na the land area and coca, and discuss the development schedule of th• proposed improvements. addition, City staff may request the aqunre footsge of the propos.J project. Identify the inf:astrueture eonst:uction which will be required serve the proposed project and the estimnted cost of sa:~ eoaatrveti oA. ' ~ FISCAL IMPACT Amount of real and tangible personal property vnlue added to the t., rolls. Amount of direct cal es tax generated. Proposed project's effect on existing businesses and/or ofi:.. facilities. Cost to the City of Fozt Worth to provide municipal services to :... proposed project. COMNIINITY I?fPACT Effect of the proposed project oa the local bouaiag market. Eaviroameatal impsct, if any, created by the project. Compatibility of the yroyosed project with the City's eompzehens:.. ,.Plan. Rez oainq sad platting/reel attiag required. Impact On 10Ca1 ECLOOl d1Lirl Ctb. Impact on the County government. ~4 .~. t, Impact oa all other Laxinq entities, Impnet on tho City of Fort Worth. The criteria outlined in this section will be used by the City staff to determine whether or not to recommend to the C1ty Cotmcil that it is in the best interest of the City of Fort WortA and other affected taxing entities that tax abatement be offered to s psrticular appli- cant. Specific considerations will include the depre• to which the individual project furthers the goals and objectives of the community, as well as the relative impnet of the yroject on the community. III. DEFINITIOttS °Eligible Industries": Certsin types of busts ass investment shov hi Ch promise of cze:ting nev jobs, new income sad positive economic spill-over effects ben official to the City. As a result, tax abatements will be eligible only to certificated air carriers and industries in Major Group 65, "Tzansportati on by Air", as described in the $S endard _Industri sl Clnss ,fj cati or nenu~~, U.S. Office of Management and Sudqet, 1967. A copy of Major Group 45 of the SIe Naaval is attached hereto and made a part hereto by reference. IV. GOIDELIHES After fol]owinp sad complying with all statutory sad other require- ments and of ter a determination is made that a tax abatement agreement sAOUId be entered into with the appliean:, the value and term of the abatement will be detezminad by the following guidelines: MIttIlSIIM ELIGIBILITY REQUIREHEttTS 1. The project must be an eligible industry as defined fir. Section III. Definitions. 2. The investment in new facility (structural improvements to ]and) must result in a structure or structures having either a minimum added value of tveaty-five million dollars (excludiaq Sand) c: e minimum coat of twenty-five million dollars {excludiaq lnad). .. 5. The project must comply with all criteria def is ed is Seeti oa II. above. TA% ASATElSERT LINITATIOttS 1. The rata of tax abatement for anp tax year shall be 1DOi of the incremental increase in value of real property and tangible peraoael property, tacl udinq inventory and supplies of the certificated air carriers. -4- J~ y 2. In order to qualify for the (1001) tax abatement, the owner of the subject property must meet the following minimum threshold •ligibility requirements: a. Conatruot and equip within the reinvestment zone a structure or atcuetures having either a minimum added value of twenty-five million dollars (excluding land) or a minimum cost of twentY-five million dollars (excluding land). 3. To determine if the project meets the minimum eligibility requirement, the applicant will certify to the City Manager's Office the cost of the new improvamants for which Lhe abatement is requested. 4. The tax abatement period shall not exceed fifteen (15) years 5. Any tax abatemeni granted a project will become effective on January 1 of the year folloviaq the issuance of a Certificate of Occupancy (CO) for the nev facilities unless otherwise specified in the tax abatement agreement. The total acreage of the project .shall be assessed at 100 percent market valuation upon execution of the abatement agreement, ~uniess otherwise addressed ir. the tax abatement agreement. 6. Sf a prcject is sot completed at specified in the tnx abatement agreement, the City has the right to cancel the abatemeni . agioomont and abated taxer shall become dun to the City and nt het affected taxing units as provided by law. V. PRDC2:04RPS OVIDLLINLS Any person, pa:tnazship, organization, .corporation oz other entity desiring that the City of Fort Rozth consider providing tax abatement to encourage location of operations within the city limits o: Fort wcrib shell be required !o eemply with the following procedural qui6eliaes. Noshing within these guidelines shall imyly or suggest that Fort ivortb is under any obligation to provide tax abatement ir. any amount oz value to say applicant. Prelimiaarv Annlicnti oa Btees A. Ayplicaat shall submit an "application tot tax abatement". 8. Applicant shall address all criteria queatioaz outliner in Section II above is latter format. C. Ayplicaat shall prepare a survey map showing the precise location of the property, all roadways within five hundred (SOD) feet of the site, all existing land uses sad zoning within five hundred (500) feet of the site and the kind, number and location of all propoz ed improvements. -S- ~~ ,. D. City msy request applicant to provide substantiation of the economic feasibility of the overall project to assist in determining the long term benefit to the City. D. A eemylet e'lepal deseripti ea of the property shall b• provided. P. Applicant thall complete all forma nad information detailed in items A through E above sad submit them to the City Mnnagor, City of Fort Worth, 1000 Thzockmortoa, Fort Rorth, Texas 76102. Aaoli eati on Review 8teoa C. A11 iaformatioa is the applieatioa package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 8. TAe application mey be distributed to the appropriate City departments fo: internal review and comments. Additional information may be requested as needed. 1. Copies of the complete application package and staff comments will be provided to the City Council. Consideration of the Aonlicatien J. Tha City Council will consider the applieati on at mretings conducted puts want to the Open Meetings Aci and the Property Redevelopment and Tax Abatement Aet, Additi oaal information may be requested as needed. R. The City Council may consider a resol uti oa calling a yublic hea:inq io consider establishment of a reinvestment zone. L. The City Council may hold the public hearing and determine whether the creation of the reinvestment zone would eon tribute to the retention or expansion of primary employment or would attract major investment in the soae and would oontribute to the economic development of the City. K. 'The City Coves oil mey consider sdoptioa of an ordinaaee dezi gnatinq the area described in the legs] description of the yrop os ed project at a eommerci al/industrial rei avestment soae for tax abatement. R. The Ciiy Council may consider sdoptioa of a reaol uti oa which approves the terms and conditions of as agreement between the City sad the applicant, and governs the proviai on of the tax abatement. At minimum, the agreemeal shall inolude tl,e followiaq: -6- e:., ~,.. T; i 1. oeneral description of the project; 2. Amount of the tax abatement 3. Duration of the abntement; 4. Type, number, location and time table of planned improvements; and 5. Any specific terms and conditions to be met by the applicant. The governing bodies of any affactad ~iadepeadeni school district, Tarrant County or Denton County, and al] other apylicable taxing antis may consider ratification of and pnrti eipati oa in the tax abatement agreement betvsea the City of Tort Worth and the applioant. Should the terms of the agreement not be eatisfiad, the tax abatement shall be subject to eaaoallatioa as provided in the tax abatement agreement, sad all abated taxes shall be paid to the City of Fozt Worth and all other taxing jurisdictions pnrti eipatiaq in the tax abatement agreement ^s provided by lav. If a project granted a tax abatement ceases to operate or is no longer. in conformance vith this policy statement, the tax abatement agreement shall not be is effect for the period of time during vhich ibe project is not operating or is not in eoafozmanee. The City of Fort Worth may negotiate vith the reeipi ant of a tax abatement to waive the recapture provisions or LO terminate the agreement. g. the City of Fort Worth reserves the right to verify the applicant's credit worthiness prior to granting a tax abatement and to reviev the financial condition of the project during the term of the abatement. The City of Fort Worth also reserves the right for a representative to inspect the facilities of the applicant during the term of the abatement and to verify the information provided in the tax abatement agreement. Provisions to this affect shall b• ineorporated into th• apreeman:. vI. EFFECT OF SALE, ASSICRHENT OF LEASE OF PROPERTY No tax abatement rights may be sold, assigned, or leased unless otherwise specified in the tax nbat ement agreement. Any sale, assign- ment oz Tense of the property vhich is not permitted in the tax abatement agreement results in a forfeiture of all tax abatement rights as to the property sold, aaaipaed or leaned, unless the Cit agrees to ratify the transfer. y ~~_ :J~• ,_~ :. - _ rr~r r ~ Mnsor Group ib.-TRANBPOiCTATION BY AIIt 2Aa Xgio. Gwip ar a liAoL '1hY main i~F mdndr arabtiahm~na /otaead !o EunYWq damrtie and uaa~prtatim br air rod aLo tLs epr~S~ f aitpo~0 red ~ aJdi a~ lueayhio[ temL sal se''iaaa E,uElirEmmo R1ma~7 ayapd L PdQmto( mnis wLrh mq laedwta3~ r b r ~°r Ld+ ami eLeia[ aad reial yLwapapYp7 an riasu6ad amoediot L ur w'iaw o.Anmad 4++r ow >~ a61 dlltlAATi8r01CIdTION, 8~Di7fdD, dND .~ COVRL~ {LRYILSB 0017 dlr T.rpnWat, 6arW.a atablYhmaaY Dtlmaelb' anppd fn [rsiahfuf afr tranryoeadho am t'ap vLr leaer sad m wRUW s6dala !Ali ~7 limier Alnkas a~etira opeaeiot ~ t.sular ar inquLr ~oama Y r~~fArWYI Y~r~awr~rrrr ~u ~ ~ ~~~ L[sELahmeaL RimarW ayYad ~ { a1i 8allwq d addeaard Lung iaseala and Dae!<ser V~ aadr 100 Nand-L smapt br tb. VS Portal B.r.iee. WLi)a fL~ ••••_••~•~=o daUwt Luaaa, paioL, sod Dr}atr bJ air, tM laitlal iiAi~ and tSa ELI dalfnrr an Man made b7 purr modr d tesaapmtaum wmL r !~ ...,... Ele_~eM, a ratorc~e3- ~ arare arta4T!•hmanta d afr oeaeiar mmyamfr Lpd.d m Pwielaf i'~~ aad dall+a7 eon "dtngaE PalnL"c m dietrlhatim wnhan an all olriMd io tEis lodaar?• BataNirEmaao d tlr U8 Paual Fanlo ar desl6ad Sa lndnr n7 d811; and artaLllaharaow Evaa!<Ll dalivnr dLdn~iduLLb aedn~ad IN- tans, iannalL a WdMr 1/ma+ap7 nodri 100 Douoda/ olbar tbaa b7 air an eL.dB~d L Ia8vaC7 t21i >3uWLlwmo Prlmaeib saP+iad m ®desa>unl tLt 1ltatpaeLtlm d annd~ Evm ~lL-rt m awi~aa !or math m~rfni tLa anon traoapWYtim. !R[ ankioe ar d afLar traanaportati® artablimm~mu W aEaR iLa stir daliwq, an tlarlEtl L Iadasar {7dL Owr~r w+.n ui..r.w:r L~ rw~.'n~ r Iw w.w~ 1~.+~ r aad dJ8 R7fJNeTOATd1TON. NONSC~Vllm 1~ edti d1t'Itanapns~ESa. NonelreaW &rtal~litLIDaoO >~ aera0ad m Ewhtdar nanrbadulad alC anoapm- ~. dLo IndMtd m L4it iodalaY a!'I .w_~y._...al Tti~ n~afad !a Eeabhtnt alepLa~ ati6oriat tTWa atr tad rr.ls and Aallnn0~n Irt- ~ rlgo~ t4 Evow @ btu laal avPaTw. w0atbar R mf.Ie~dltLd. M rr Ewa ~iH~1 Nr ~r~~ YrMr~r~w~+l a.e.... r... M~r~ M~Ytrr~r..r asYiY~~r'~tY r Y18 sttrm~®a~anus. a.e~trwt~ox rr, o... asiw •. w ' ief dBFOtT& FLSIIlC T1p3DE, dND dntTOlT IYR1@IAI, Y~t9ti8 aetl. Atrpstw, T1rW rta44. ase dfept Tuslrl !a'iar AMabuv~r P~aT1lr ,mpKad fa epentlq W raiaLidn[ a4yvo aad 4*iar EaldS i4 rr.ida~, npat}nr tmrR m • haar7 Aria). main.-~ lab aad raeiK aWrf! aad L ErmYAinr enrt'dlaamd Lnam{er rnier frt ,~ tleE~a r Panm~an n sum 2!s indaae7 sIm ladadr PeHaL artab Laha>.ma IIumatSb sotapd fa sit b+mc motrd oParatloea Oowram~et air tr+Ele mood oPrabnr an dndEad !n Pnblie MmtniWau~o ledrq 00PL d1emE modiErtir om+~ and rYAlLhmapL ptiIDatfyr uafapd b Leenr bP enrhad d acmaE an darfE~d la ltana~aAa416yar O~ i7, and Erin{ 6alb mabrird br a~Wim eNEa w daad5~d m Eaeeima ledurtq tiP'i. Ywr r.6 r.~r+~ N~w~~~~wl ~.r.rrrar.n rr. ~a~wasn~..rtwa ua+r.r rwrs arf Yew raw rr .. rvr 4rw ar.rrrr r~.. rtnr w ...~ .~ rrasi ..;. ~- -:« ~ ~: _.. ,£. TAAC'^ 2 EXF!Z PI^ •H' TO TAX ABATEMENT AGREEMENT PROPERTY DESCRIPTION (Entire Tract) } TRACT 2 HEIHC a [sett of lam out of the C. Over con Survey, Abstract No. 972, and the A. NeDonald 8uney, Abs [sett Ho. 788, located is the City of Fort Yarih, Denc on Coun cy, Ieus, sad baiag part of a tract of land conveyed co Alliance Airport, Lcd. as recorded in Volume 2451, Page 412 of cbe Daed Rec ordr of Deot oa Couazy, Iexas, and being part of a tract of land eowey ed to Hillrood/1358, Ltd., as recorded io Volume 2512, Page 460 of acid dead records, a~ being part of a tract of land eoavey ed co Hil lrood/1358, Ltd. se recorded in Volume 2512, Page 471 of said deed records, and baiag more partieul arly described as follwr: CDlHffACIHG at the north arly northrast eoraer of said Alliance Airport, Ltd. tr aoz, acid eoraer being on the east right-of-ray lice of the A. i. 4 S. F. Eailroad (100 feat vide); THLRCE South 24 degrees 16 minutes 15 seeoads West, al oag said tut lino, • distance of 228.7D feat co • point fvr a eornez, said eoraer being the iatezsaecion of said east line ritD the south right-of-ray line of proposed Eagle Parkway (220 feet ride): 2Hff7CI Soutb 6S degrees 43 miautea 45 seconds Eaat, departing said east line, ant along said south lies, a disiaace of 12.33 feet to the point of curvature of a circular curve io Wa left haw iag a radius of 1210.00 feet; T81I1C8 Easterly, eontiauing al oag raid south line, sad •l oag said curve th sough a teats al angle of 34 degr sea 09 miaates 2) seconds, an are distance of 721.36 fees co the point of tangeaep; z~ IHEN CE North BD degrees 06 minutes 47 seconds East, eoatiauing along saie t. ~` swrthe:ly line, a distance of 1836.D1 feet to the POINT OY BfL IPHII7C: THENCE Hoz th BD degrees 06 minutes 47 seconds Eaac, continuing along said ^oucD line, a distaste of 548.53 feet to a point for a corner; THENCE Soutb 9 degrees 53 minutes 13 aeeoads Eaat, daparciag said routD line, a dircaaee of 1S79A0 feet to a point for • eoraer; T$EIG CE South 60 degrser D2 minater 26 are ondr East, a dircaaee of 1146.43 feet to point for a eornez, said eoraer being oa the aoztD erly right-of-ray lice of proposed Iaziray '8' utension (300 feet vide), acid eoraer also being on • ci real a: curve zo the right hsving a radina of lOSO.OD feet and shore Daek tangent Dears South 35 degrees 47 minute 47 seconds Yue; TH127CL Sonthreatarly, al oag said north line, and along said curve through a central aaglc of 43 degrees 19 mianees 00 ateo nd-, as arc dircaaee of 793.82 feet to ch• .point of 4ageaey; SBEHCL HontD BO degrees 06 minutes 47 •aeonds Yaat, eoatinuiag along ea id norze line, a distaste oL 708.39 fast co a point for a corner; THEHCL Her th 9 degr ens 53 minutes 13 aacoade Neat, departing said nezth line, . dilianee of 2600.00 feet to the POIRT OY SS IIPHIRD AND COHTAIH ZHD 1,936,787 sq uar• feat or 44,4625 acres of lead mxe or ler a. Page 1 of 1 -~--- ~t~~.-'r"r'.. ... ,[y tr TAAC"' 2 PRffi HIT •C• TO TAX ABATEMENT AGREEMENT PROPERTY DESCRIPTION (Annexation Trnct )~ • !~ ~' 8m". • amt K Isd ant at eb. C. Oaares tar.q, dburut [o. 97x, laucad in W Clq K Pwt -ert1, Rafts Lwat7. taus, and D.ia{ }art a! • ass a! laid eewgY~ to [111raed/3]36, Ltd.. taarn u 'lane! 6' Y saaerded !a Te10a 2332, late atl of Ua Daed [aeorY o! INUS Oasq. Sate, atd Min! sera witicolarl7 doer lDed at lellwa, Ca100011CI1D at tie mttbarl7 ae<Wut eersr K u dllluea diryert, Ltd. [tact nt reeerded to Telr xa31, late a13 of tan Dead Lear4 of D.acs Ceuq, imo, raid eernas We Nlel m We auc rape-eMq 17m K W l.i.t,7. 4ilsead 5100 !Yt rLa). Yld plat We M/a{ eta awthrut eeraY of Y1d !areal 6; S>tQR dstt 89 detrw 23 aiaataa SD tueW Lot, Alen! tDa eeaaen line Da tree nail 111iame alspst, Ltd. ones and Wald lsseel 6. • LLattua e< 1229.29 !uc to a pint !er • earaar, Wald iliac hint en the toast iilbt-af+q line of yroyebd Latta larbq (110 tact rLe); TBQa dent b datraw 06 taimeu 17 loot, Nprtly aald eaetut llna, aW al eat Y!d aweDal! lim, a QLtame d SOa.97 bet n eta f031i m iSiJinC, i[f•Q lertl 00 dalrau 06 tiamY a7 asest Let, esminniy cloy YSd teatD trl7 lim, a LLacavee a! 118.77 tans ee a pint ter a eosaas; 7I®!DC iwtD 9 deteeu S7 niimcY U auendt LYS, departiy uid awtenl7 line, diataue of 379.37 feet to • paint ter • eesvx, Yid eeeur Dady w acid coact line; SBLCt lent 09 delrwe 2S aisataa ID aoeesa Ouc, al eDl acid eeaaon liu, a diatame e! 757.81 !uc ee sha • pint tas • eernas: rl>aCi lertD 9 dalrau 13 aiantaa 17 tueda Vaac, de#rtiy Yid eeaaran line, a diataaee e! ]7.86 fast to tbt 10I1tT m ICIDIls: dlm 00[SL781D0 18,731 aT Ware feat c l.llaf Yru of load sera c lYa. 1L270 a coons K land sc s! rte d. aeDeuld tong, Macrae[ to. 786, lmacad it tM Llq a! Port Dwtt. Damon Cesc7. iuu, and saint part o! t acct et trod eoaeged to [!!tans/U!{ 116„ sarn u 'Postal )' u raeeedai ie pelas 2512, Aale 660 e! eta Dead lacesde of Daatsa Cenaq, [eau, ad Da ioi aura yarcical arl7 danesltad u follwa: ~COd0470x7G at W aerrLel7 amttaut eetaer ai s dlllamt alrpert, Ltd. tract tt raeerdad Lp Telo•a 7151, gala ali of Yld 4ed raeerY. YL eerur alas -aiy ea rte nut sitbt-al+a7 lfae K eta a.i. L.l. Lllrotd (100 tact rlde), ui! pint alto Niy ter awcfruc eerier K • cut d lead eeatq~d to [!!land/U38, Ltd., Caere u 'land i' u rseedad 1o Telvr 5312, !alt a71 of ui/ Oeed rmer4; i[a0L {weY q bttan LS alaYet LD auenda Lac, aley eta emea !fat benuo YSd dlllsea dlrpert, led. nut and ofd Puetl d, • dle tame K 7006.01 tau to a yelu !er a earnac, ea id eeraat NLa! W sat fvtDerl7 aarttaut camas K Yid dlliree dlrprt, Lm. stmt: i[lIQ DOftt 0 da{rw d0 alnatu as naeenbe Laat, ~alsy W tepee liu Nwam told tonal 7 ofd YL dlllwea al:yort. Led. auc, a dlacame a! µJ7 snot to Na tom a ltcmxac, i[aCS !Dart ! detraY 33 afama 17 taease Lant, dapttla! uid esauoa 3La, a dLtase K 177a.7f Lu p • p1Y !ar • wrmr; Si~Ct LwtD t0 fa{rau Oi aLetu 2i tmeada Lot, • dUeuee of JI8.86 last to -a Sat !et a eonar, Y!4 aoraas holy w eta eeasee liu Nwas told lanai 7 and Laid lllimca disport, Lai. stmt; SlaCl Dattt dt dsleau 1{ afaftn 11 uaaala tnt, aleq aald eeeuee llaa, a dAtama a( ria.p Lu to • pint !er •eeraat, nail eerur Mial eta tefcbruc eerst K Y1d Patin 7; S[SC[ leTtt 0 4p ua 11 aiaftY d7 guest Ont, d[Seal said eeuea llaa, dittama et 1)a as loot eo • plat ter a wsaa:; SliiR 1wtD 0 dalsau t0 alaatw a{ weaut Dn t, ales! Yid neapo liu, e !!truer of U83.{x Ins b eta POIti m 1671I80 dN CDR117s0 1b ,i P6 a9Yra lilt tc 8.8173 aorY K load awn ! laY. Page 1 of 1 ~~: _ . e~ a i ;: /° r .:~ ExNIazT •a~ TO TAX ABATEMENT AGREEMENT PRELIMINARY SITE PLAN ~- a< ~: ~~ K t ` ~© ~ 1 m t 1 1 '~ ~ I / ~ ~ \ Y\~ \~~ ~\ ~\ L ~~ .. ~ I 1 ~~ i 1 ~ g ~- ~ 1 ~ -., N ~ ~ ~ ~ I1!, ~ ~ \ 1111 ~ \~ ,~ ~~ T ~~ 99cT \` ~~ g~ 6 I 3 8 ~ pi7 ~ 1 e I ~~~M ~ ~ I ~~ lei li, ~~ .~. 1~~~~ Ii I 11 , ~lijlll~ 1 III // e l .s ..;.~.. Y~