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HomeMy WebLinkAboutContract 25617 CITY SECRETARY STATE OF TEXAS § TA's ABAT;i ME71-F ACRVEIMENT COUNTY OFTARRANT § TAX ABATEMENT R2R{.;TNVES"R'MENT d(�NV NO. 4 CITY OF FORT WORTH § MATTEL, INC. D1ST€IMUTION FACILITY T his Tax Abatement Agreement(this "Agreement") is r ntered into by and bet"\een the City of Fort 'Afortli, Texas (t_he "C_`ity"} duly actin, herein by and t;rongh its City Rlanager, and Meacham Rail 191 Limited Partnership ("Ownc,"), a Texas limited partnership, duly :Acting by and through its authorized officers, and Mattel, Inc. ("Lessee") a California corporati—., duly actin; by and through its authorized officers. WHEREAS, the City has adopted a resoiutiorh sG�tin�l that it elects to be eiigible to participate in tax abatciihent; and WHEREAS, on the 17th day of February, 11998, the City Council of tyre City of Fort Wortn, Texas ("City Counc.ii") adopted Resolution too. 2379, entitled a Pol. Statemert: 'Tax Abatement for Qualifying Development Projects (the "Poil"ey Statement-- hereto and incorporated herein as Exhibit "A"-,and t WHERi:AS, the Policy Statement constitutes appropriate "guide;,—i and criteria" tr governing tax abatement agreements to be entered li:'oily the City as contemplated by Chapter 312 of tl,c Texas Tax C=ode, as arriendcd (the"C'odc"); and WHEREAS, on the i Sth day of January, 2000, the Fora Worih City Council Adopted Ordinance No. ? -� e� -� - (''the Ordinance") establishing Tax Abatement Reinvestment Zone No. 34("the Zone"), and VVHERE. ,Owner owns certain real propetly, more paiticralarly described in Exthi it "i3" attached hereto and incorporated herein by refer, -it (th, "Premises"), locatcd totally within the 7.onc, and WHEREAS,Ovvrrer or its assigns piar to construct file Required improvements, as defined in Section l(A) of this .���rer merit, on the Premises and lease them to Lessee for the operation of a products disti-ihution faciiity (the "Project"); WHEREAS, on the i lth day of Januai-v, 2000, Omer submitted an application for tax abatement to the City concerning the conteth;plated use of the Premises (tree "Application for Tax A;•iatcrric nt"i, attached thereto and incorporated here.ith as exhibit"C', and NN MI-A{. ", % e�l i :t' ��l lnlCt' !ilhd� itta' ,. t�; Cl�'7t:ii?CIl3t i 11 ter CU .I C C,. the erh'nSC i. .l" t,r}`r�i, �t31j11"CIV'Crhh':'I'ar (a6 lr(rl'irie3f`.C's' d tined) iml 01c 'i"'M-1ti O ±nla A` -,Vcc.?71t_ri :111'e 0V11Slsteill With /o,].. !ih :ICi'OS(t%3f1CC U;!1l th:: pui—pil c,; f,-)r its creation and.. arc' i;� CC}ijl f1i13ihCC`' ;tlh illc l ohc,' �i tCit�:S?hCll!. 1`',h Urdin"Inco and l)il,c r -rr?rl t',cabic 1i.1«.; 'And tlhc Cm Coillncif Finds that th< A,:�cavrctrt. IhV Prcw;:us and Ally �VHEE FAS. wri;tii notice that the City intends to enter irno this A grec°ment, alone ,,kh ;i cony of this A,,rr.e-mnt, has hccn furnished in (lie manner prescriber] )7,,r dle (,ode to ttae s icsidiiiU officers of the governing bodies of each of the taa°cirag 1.uiits in which the t'reftaises is loczated_ NOVV, THEREF'OkE, the City. Owner, and I_,essce, fbr and in consideration of the premises and the promises contained herein, do hereby contract,covtmant and agree as follows: 1!. ONVNER'S COVENANTS A. Owne,- shall construct, or cause to be constructed,. on and within the Promises certain improvements (the "Required improvements")0) consisting of tan approximately 1,000,000 square. foot pros=a.icts distribution facility, and (ii) (laving an estimated cost upon completion of. approximately $111,750,000, including site development costs. The kind, number and location of the Required lmprovetrici is are more particulaity described in the Application for Tax Abatement. Minor variations in the Required lmprovementf frorn the description provided in the Application for Tax Abatement shall not he an Event of Default, provided that the conditions in tlae first sentence of this Paragraph A are met and the Requi-ed Improvenr nts are used for the purposes and in the Manner describc;d in the Applicat cn for Tax Abatement. F. Owner covenants to substantially complete constniction of all of the required lnaproveme.nts oil or before (March i 2001. C. Owner covenants that during the Term (as defined in Paragraph lll.D. hereof) that Lessee Shall cause to be locatce, on the Premises new tan gible personal pro-arty having an estimated onglinal cost of ipproxim ately`x2,0(0,000, excludnig inventory and supplies. D. Owner covenants that the Required improvements shall ')e constructed and the Premises sl;ail be used in accordance with the description ofthe project set, ibrth in the Application for Tax Abaten-tent, The Owner covenants to con,#y with and satisfy all of the provisions and requirements for the project as set forth in the Application tor'Tax Abatetnont. E. Owner covenants that throu,hout the Term,. the Required improvements shall be operated and m aintainc:l for the set foitli he-eiaa so :;aat true uses of the Premises shall be consistent ;with talc Hera] p aip,a� . 0 'encouraginL' or seeing in development or Of the Zone, ex,.-opt as or modif?ed la alms Aare(-meat. GENERAL PROVISIONS � 'idchf,c aild CT-W "rlPr ';ax abi"Wi-?e YCr tile Pre—t`IISC„ '„1'C"10i ;1'll]i!?\E:)1 1�', Lai � �i—: �i11�11C .,f t??: t1?. .. ,., .:Il1C{at S'•';�Itli.{S. li* C. Neither the Premises nor anv of the lmprovern,�rjvs covered by this Agreement arc ott,nze-1 or leased by any irember of the Ciiy Coun4ii, any member of the City Thin er Zoning Commission or any member of the governing body of any taxing units joining in or adopting this Agreement. Q. This Agreement is subject to rights of holders of outstanding ,ponds of the City. F. in the event of any conflict between the Cily zoning ordinances,or other City ordinances or regulations, and this Agreement, such ordinances or regulations shall control. F. A portion or all of the Premises and/or improvements thereon may be eligible for complete or partial exemption from ad valorem taxes, as a result of existing law or future legislation. This Agreement is not to be constnred as evidence that such -,xeniptions do not apply to the Premise; and/or Required;Improvements thereon. III. ABATEMENT TERMS AND CONDITIONS A. Subject to compliance with the terms and conditions of this Agreement, City heresby grants to Owner a real and personal property tax abatement ("Abatement") on the. Premiss, the Required Improvements, and the business personal property located thereon, excluding inventory and suppli 0s. 8. T'ae amount of the Abatement shall be based upon a percentage of the increase in value of the Premises, the Required Improvements, and the business personal property located thereon (excluding inventory and supplies) over their values on January 1, 2000, the year in which this Agree'iaent is executed, and certain employment and contracting guidelines. The Abatement may range up to 100% of the increased value annually; and shall be calculated as set forth in Exhibit "C" summarized as follows: 1. Base Abatement. Up to seventy percentage points(70%)of the Abatement will be based upon the followiag: (a) Lessee currently employs 22 Fort Worth residents, of which G are residents of Fort Worth "inner city" areas. Retention by the Lessee of the current number of Fort Worth resident employees (22) and "inner city" resident employees (6), as such terms are defined in the Policy Statement, will result in a 50 percentage point abatement for each year of the term of the abatement that such positrons are retained. The abatement will be reduced by 1.2 percentage point for each Fort Worth resident below the mininuir;1 >f 22, ar..d 1/2 peree.ntaue point Tor each "inner city" resident ho:ov, the minimurn i i F , F i yh 4 ?I (b) Spending at ieast 25°6, of the total iinilial construction costs, inci►r<:air,ky 'WithOLIt liniitation site devei0poie.nt costs, of' Ole Required linprovenne,its with Fort Worth contractors (as defined i>> the Pollcv Statcrnenf) vvill resell in an additional 10 percentage point abatfewcnt. An additionai 10 perccni_1 e abatement will be granted if at least O°rah of the total construction cos± c.;:,cnding is with certified Fort Worth based M/WB contractors (as defined in the Policy Statement), � (c) The base abatement under this subsection fit (B) (1) is capped at 7V/o, (d) Detern-iination of- compliance with the employment goals of this subsection shall be based on Lessee's employment data on August 1 of-each calendar year. Detennination of compliance 'with the construction spending coals shall be based on spending for the entire calendar year. 2. ,additional Employment Abatement, Up to an additional twe-Arty percentage points(20%)cl the Abatement will be based upon the following: (a) For employment by Lessee of each additional Foil Worth resident above the base commitment of 22 Foil Worth employees, an additional 1/2 percentage point of abatement will be granted. (b) For employment by Lessee of each additional "inner city" resident above the base commitment cif() "inner city" employees, an additionai 112 percer,?age point c'.abatement will be granted. (c) The additional abatement under this subsection Ill (B) (2) is capped at 20°,,0, (d) Determination of compliance with the employment goals of this subsection shall be based on Lessee's ernpiayment data on August l of each calendar year. Deternniination of compliance with the constriction spending goals shall be based on spending for the entire calendar year. :Wditinraal Supply and Service Abatementi i p to ten percentage points (10°%)of the Abatement will be based upon the foll(Mng: (a) For annual shcs-idin '^v Lessee of' apt lest !)0°10 of local Jiscrnoliary iUnds for supply and service conti;ll for the facility with port W'orilt �eniloi:s, an, lid, ! ltRl S percentage po-,nts 0 abatement wiii be �i-antc.l. { I'M"".a N (h) For annual spcndin� by Lessee of at learnt 25"%; �-xf local disc.n-tionaay Funds «ith certified M/WBE vendc,rs, an additional 5 percentage points of abatement will be granted. T101ars spent with certified Fort Wonh M/V BE vendors ill be calculated at 1.5 times. (c) The additional abatement under this subsection III (B) (3) is capped at 1 t)`%,. 4. : haiernent timitafirm. Provided, that the Increase in 6alue subject to abarernent in any one year shall be linnited to no more than the arnount estimated as the cost of' construction of the Required improvements, inclusive of siie development costs ($19,750,000) and the amount of estimated increase in tangible personai property, excluding i:nveritory and suppli s, +.o be located on the Premises ($2,000,000). C. Owner shall have the right to protest and contest any or all appraisals or assessincrits of the Pre:ttises and/or improvements thereon. D. The term of the Abatement (the "Term") shell begin January 1 of the year following the year in which the Certificate of Occupancy is issued (the "Beginning Date") and, unless sooner terminated as herein provided, shall end on the December :31st immediately preceding the tenth IOth) anniversary of the Beginning Date. Provided, however, that this Agreement shall terminate on the dzte that the lease agreement, or any renewals or extensions thereof, between the Owner(or successor {.owner) of the Premises and Lessee expires or is terminated for any reason, or the Premises ceases to be used for the purposes set forth in the Apphcation. E. The City acknowledges receipt from Owner of the rewired application fee of one percent (1`-%) of project cost, not to exceed $15,000, If construction on the rc::quired Improvements is begun within one year from the date of she Application (rvith or without a tax abatement), such fee shall be creditable in full to the bene,it of owner against any permit, impact, inspection or other lawful fee required by the City in connection with the project, and any remaining arnouats shall be refunded to Owner. FI'Llre to achieve the numerical goals for ;niplo%`nient, construction spending and supply and s-rvice contract spending__ as set forth in this Section ill shall not constitute an "Event of Def,-.dt" as defn:--d in Section V of this Agreement_ The cure periods and remedies sct fot-th in Articie 4' related to Events cf Default shall thcr.:fore not apply, and it is understood ind agYreed that the result of `,.'allure to refit the nurnYerical goals shall be t"e percentage reductions in the Abatcnnciv as Std ")r1h w, `o:'ction 111. f MEM :. IV. RECORDS, AUDITS AND EVALUATION OF P?tOJEC-T � A. City snail have the tight to audit the financial and nusineSS records of the 0"'ner arld Lessee which relate to the Ak,at,lnent terns and conditions itl order to determine corlplianc-: «with this Agreement and the correct percentage of ahatonhent. ThC C'it.y shall annually (or such otl-�er times eerncd appropmue E,v the City) evaluatc : ' oroject to in_ Compliance with this Agreement. On or before the 11ollowing February Ist after every year of the Term, Oxvner shall provide irhfornh,atior. and documentation whl,,ih details Owner's compliance v;ith each applicable term of the agreement R)r the preceding calendar year. Failure to provide this inforn-,ation shall be } considered all event of default. The infannation shall inchide, but not be limited to,the l'ollowing: (i) On August i of the preceding caler;d«~ year, the total number of Lessee's employees who worked on the Premises, the numilber of employees who were Fort Worth residents,and the number of employees who reside in designated Fort Worth "inner city" areas. These jobs shall be reported in job classifications appropriate to the employees; iii) the number and dollar amounts of all constiuction contracts and subcontracts awarded on. the Project, and specifying the number and dollar amounts to businesses which are Fort Worth companies and Fart Worth M/WBE companies; (iii) the gross dollars and supporting details showing the amounts spent by Lessee on supply and service contracts, specifying the number and dollar amounts spent with Fort Worth companies and Fort Worth cettified M/WBE companies; B. On or before August 1 of ,ne taxable year, the City shall make a decision and rule on the actual annual percentage of tax abatement for the Project, Erased on the information furni!,hed each year, and shall so notif y the Owner. Th-- actual percentage of the abatement for a taxable year is thei-cfore }used Upon the Owner's or Lessee's performance, as applicable, for the preceding taxable year with regard to the commitment categories as sc' forth in this Section Ill avid the Application fcsr Tax Abatement (Attachment "C"). Compliance with the employment goals are to be detennined based on the Lessee's ornployment data for August l of the preceding calendar year. Compliance with the spending goals are to be based on spending for the entire preceding calendar veal'. C. During nonual office: hours throughout the Term and the year following the Term, providin -casona plc notice is .riven to Owner (w- successor Owner) and to Lessee, the City shall li�lvc [iCCusS t,C, the Premises iOi trhC 11L'rr)OS;C of inspcciA,- EIhe Prenilises and tlhe Required lint;t�)t'L''iih�'nt5 to ellSUrC that the Re.quircd flnpro\c-ilienls C11 i-Cpalis ;are. made In acco-dan u vblffi the; specificallons and Conditions of this Agreelmcnl �.nd that the conditions of this AgreF--rnent AFC bc1112 comhhcd with. i p „Y r IN- �y V. BREACH A. In the event that (i) the Required Improvements for which an abatement has been granted are riot completed in accordance with this Agreement; or (ii) the schedule for completion of the. Reyuir--Cd Improvements listed in Paragraph E1 ofAr1icle I of this Agreement is not satisfied, o.(iii) 0”:yet- allow:; its ad valorem real property taxes with respect to the Prenises or the project, or its ad valorem taxcs with rC":,)Cct to the tangible personal properly to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contcst of any such ad valorem real property or tangible personal property taxes; or(iv) Owner breaches arty of the other- terms or conditions of this Agreement, then 01.vncr shall be in default of' t s Agreement (an "Event of Default"). Should an Event of Default occur, the City shall give Owner written notice of su^h F.,vent of Default and if O«rner has not cured such Elvent of Default within ninety (90) days of said written notice, this .A-re-ement may be terminated by the City; provided, however, that if' srtch Event of Default J'. iol. -,_asonably susceptible of cure within such ninety (90) day period and Owner has commenced and is pursuing the cure of same, thQn after first ad .ising City Council of the efforts to cure same, Owner may utilize an additional ninety(90) days. Time in addition to the foregoinrv> 180 days may be «rrthorized by the City Council. As liquidated damages for an Event of Default after the expiration of the applicable notice and cure periods, all taxes which otherwise would have been paid to the City for each year when an Event of Default existed, without the benefit of Abatement (aPer taking into account any applicable exemptions), will become P debt to the City. Such amount may be recovered by the City through adjustments made to Owner's ad v�Joren-. property tax appraisal by the Appraisal District, or if not so recovered shall be dui. owing wld paid to the City within sixty(60) days of the expiration of the above-mentioned applicable cure period(s) as the sole and exclusive remedy of the City. subject to any and all lawfiul offsets, settlements, deductions, or credits to which owner may be entitled. In the event that such amount is not paid witivn sixty (60) days of the expiration of the applicable cure period, Owner shall in addition be liable for all penalties and interest on said amount charged at the statutory rate for delinquent taxes as deteninned by Sect;:), 01- c'- the Code. as in effect at the time of the payment of such penalties and interest. Tl;e acknowled-e that actual damages in the event Of default and termination would be specu :a ;'e • -d Difficult to deterrine. B_ Notwi'hstanding the foregoing paragraph, if the City, Owner and Lessee mutually determine that the development or use of the Premises or Required Improvements as contemplated herein r; no )nn;,er apprunnate or feasible or that a higher or better use is preferable, tie parties nrL'v terr-ninate this Agreement by a writing signed by both parties, the period of Abatement shall expire as of the cffective date of the termination, there shall be no rccaptur(: of amounts previously abatcu, a.nd neither party shall have any further rights or chit gations hereunder. f i I V1. EFFECT OF SALE, ASSUS'NMENT OR I..E:AS>r Off' pR1,C)PER71 't<' A. 1:xcep' as provided herein, the :;batentent shall vest in Chvner and cannot 1,e assigned to a new owner of all or a portion of thc; Premises and/or improvements, without the prior consent of the City Council, which consent shall not be unreasonably withheld provided that the Council determines that the proposed assignee is f nanci;)lly capable [meeting the terms and conditions of- this Agreement and that the proposed Assignee agrees t:. assume all terms and conditions of this Agreement. Any attempted assignment without such prior consent shall he .gnouilds im- terminatia<< of th:s Agreenic- t and the tax abate nient hereunder upon ten (10) days written notice from the City to 0%vner. Notwithstandinty the above, it is understood and .-Teed that Owner or its permitte'.i (assignee may assign ,he rights and obligations of this Agreement to Majestic Realty Corr—my or an afTiiate thereof, the proposed successor owner and deveioper of the distrib,ition facility, without prior written consent, previded the Assignee is the owner of the Premises, and Owner gives written notice to the City of the date of the assignment. B. All ri-,hts and obligations of Owner, its permitted assigns, or Lessee shall he blindiff-111 upon and inure to their respective successors and permitted assigns. VII, NOTICE Ail notices called for or rcquirtu by this Agreement shall be addressed to the following, or such other F arty or address as either party designates in writing, by certified mail postage prepaid or by hand c'elivety: OWNER. CITY: MeacbatT: Rail 1 d l Ltd. ?artnership City of Fort Worth 100 east '.5`" .Street, Suite 640 1000 Throcktmorton Street ForE Wor!h, Texas 7(102 Fort Worth,Texas 76102 1.ESSFIL: Gary Horvitz 14'l tel. Inc. 333 Continental Blvd. El Segundo, CA 90245-5012 With at copy to: Willia:n D- Hayward iiersche_ Martens, Harxard Prakelcy &. Urbach. P.C. 17303 Dallas Parkway 51,111-. 70,1, LB 17 Addison. Texas 75001 f'u„c 8 of, 1. 1,......e..,...;;..;,,;.,....,,: ' p i' .j q **¶ 1 Y II➢. CITY COUNCIL AUTII011Z,.UON This Agreei ent «-as authorizer', by th1, City Council at its inet Ring on the 1 St!) of Januaty, 2000, by Council approving, Mayor and Co, mc.il Corimun°catlou No. C -J_'..'�q`0_ $_illmi-iZIPIV t the Cit,., M-naoer to w(c cute this Agreement on behalf of tiv� Cite. IN. ESI'OPPEL CE"TIFICATE Any pasty hereto may request an estoppel certificate from another party hereto so long as the cernfic.ate is requested in connection with a both fide 1-isi4,ess pu.pose. The certificate, which if -equested xii) he addressed to the Owner, shall include, but not necessarily be limited to, E statements that this Agreement is i.n full force and effect without defta!lt (or if default exists the tlatize of default and curative action, which should be unclertalcen to cure same), the remaining term of this Agreement, the levels and remaining term of the Aboternwit in effect, and such other matters reasonably requested by the party(i,;s)to receivo the certificates. X. OWNER STANDING Owner, its permitted assignees, and Lessecs :..s parties to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or .;challenging the vzlidity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to intervene in said litigation. X1. APPLICABLE LAW This Agreement ,Ihall be consirued under tlh_e laws of the State of Texas. Venue for any action under this Agrecnnent shall be the State District Court of Tarrant County, Texas. This Agreement is performable in Tarrant County. Texas. XII. RECORDATION OF AGREEMENT A ceilifii,-d copy of this Agreenncrit in recordable form shall be recorded in the Deed Records of Firs'anit County, Texas. At y N i' u f f._ XIll. AMENDMENT This Agreerntot may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement pursuant to the procedures set forth in Title 3, Chapter 312 of the Code. EXECUTED this jt�7day of W 2000, by the City of Fort Worth,Texas. EXECUTED this day of , 2000, by Meacham Rail 191 Limited Partnership(Owner). EXECUTED this Y day of 2000, by Mattel, inc. (Lessee). Y A ST: ZCITY JOFOR ORTH,TEXAS l Secretary Mike Groomer,Assistant City Manager APPROVED AS TO FORM AND LEGALitTY: Sfiti tat Authorization Aooiaiavi t City Attorney,/ f Bate: I1` �'� _ Dante �1dII, !' Page 10 of 13 o 1. j D -:t ATTEST: MEA,CHAM RAIL 191 LIMITED PARTNERSHIP(OWNER) R) y A MICff lei ?a ie L. Fader, Title: Manager i ATTEST: MATTEL, INC. (LESSEE) BY'r �. Namjej Title: I 6 l` 1 P STATE OF TEXAS COUNTY OiF TARRANT BEFORE ME, the undersigned authority, on this day personally appearcil Mike Groomer, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and officer whose name is Subscribed to (lie tifregoing instrument, and acknowledged to me that the same was the act of the said CITY 01" FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that lie executed (lie same as (lie act of the said City for the purposes and consideration therein expressed and in the capacity therein stated. 1 VT UNDER MY HAND AND SEAL OF OFFICE this lj-Ldily of +. N 2000. i Notary Public in a4 for th tate of Texas t ,� SARAN JANE ODLE NOTARY PUBLIC Notary's Printed Name Stste of Tons COMM. Eery.01-29.2 STATE OF TEXAS § COUNTY OF TARRANT �uCne��1 �a.Jtr�i BEFORE ME,_ the Undersigned , authority, on this day personally appeared an ot k—,iii- of a �EXAS ��M,r �9�rNE;2s�rttsam known to me to be the person whose name is subscribed to the foregoin4 instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this t� day of 2 2000. Notary Public iii rand for ,;..�,., KIMBERLY SAL the State of Texas t Notary Put+c,.Sca[e of'lax;,, 7 My Commission Expnc, l� ttiv'E(z l 4q 4 _. - — w`. `�'•.F August 31,200 Notan,'s Printed Name 11110 111 t 1 _. t wpm STATE OF TEXAS COUNTY OF TARRANT § A,,e c j BEFORE ME, the undersigned �author0y, on this da personally appeared 1�>�t,�- , � y t corporation, known to me to be the person whose name is subscribed to the foregoing instnlment, and acknowledged to ine that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND A,0 SEAL OF OFFICE this �� y 2000. L W DENISE A.WRENCH! ry Public an and for � wtr cona�,�sStav EXPIRES the State of Tex s �' JUNE 22 200,3 � Notary's Printed Name i { M i i P. c i 3 „f I to CITY OF FORT WORTH POLICY STATEMENT' TAX ABATEMENT FOR QUALIFYING (DEVELOPMENT PROJECTS 2J` 17/98; 1, OEPE -IJNL PURPOSE AND OBJECTIVES Certain types of Mvcstment result in the creation of new jobs, new income and provide for positive eoonomic growth and inner-city economic stabilization which is beneficial to the City as a whole. Tne Cit , of Fort Worth is committed to the promotion of high quality development in all parts of&,e City an,. improvement in the quality of life for its citizens. The City of Fort Wor :x- or. a case-by-case basis,. give consideration to the granting of property tax incentives eligi'�!e residential, commercial, and industeal development projects. It is the policy of the Cit, of Fort Worth that consideration of eligible projects Nvill be provided in accordance with the guidelines and criteria outlined in this document. Texas law authorizes the Cite of Fort WorLZ to grant tz. . abatcment on the value added to a particular property by a specific development project which meets the economic goals and objectives of the City, and the requirements of the statute (Vernon's Tax Coda Ann. Section 312.001,et. seq.). As mandated by state law, this policy applies to the owners of real property. It is not the policv of the City of Fort Worth tc grz.1t property tax abatement to any development project for which a building permit has been previously issued by the City's Department of Development. Nothiug in the policy shall be construed as an obligation by the City of Fort Worth to approve any tax abatement application. Although all applications which rreet the eligibi;y criteria(Section III.) of this policy statement will be reviewed, - is the obje�:tive of the City of Fort Worth to encourage applications from projects t':at: (a) ;:;re located P'n enterprise zones or other designated target areas; or (b) result in a development with little or no additions: cost to the City; or (c) result in 1,000 or more new jobs, with a commitment to hire Fort Worth and inner city residents. ii. DEFINITIONS "Abatement" means the full or partial exemption from :3d v31orem taxes on eligible properties for a period of up to ten years and an amcunt of up to 1.00% of&,e increase in appraised value (as reflected on the certifled tax roll of the appropriate ct unty appraisal district) resulting from improvements begun after the execution of the tax abatement agreement. Eligible properties must be located in a reinvestment zone. ! =` EXHIBIT A 7 "Reinvestment Zone" is an area designated as such by the City of Fort Worth or State of Texas in accordance with the Texas Property Redevelopment and Tax Abatement Act, Sections 312.001 through 312.209 of the Ta*c Code. "Residential Development Project" is a development project which proposes to construct or renovate multi-family residential living units on property that is(or meets the requirements to be) zoned multi-family as def ed by 'he City of Fort Worth Zoning Ordinance. "Fort Worth Company" is a business which has a principal office located within the city limits of Fort Worth. "Minority Business Enterprise (MBE) and Women Business Enterprise (WBE)" is a minority or women owned business that has received certification as either a MBE or WBE 'jy either the ".orth Texas Regional a:ertification Agency (1'TI'RCA) or the Texas Department of Transportation(TxDOT),H4`sway Division. "Capital investment" includes only real property improvements such as new facilities and Structures, site improvements, facility expansion, and facility modernization. Capital. investment does NOT include land acquisition costs and/or any existing improvements, or personal property (such as machinery, equipment,and/or supplies and inventory). "Facility Expansion" is a new permanent real property improvement such as a building or buildings constructed to provide additional square footage to accommodate increased space requirements of a Fort Worth company. "Facility Modernization" is a new permanent real property improvement under taken to provide increased productivity for a new or existing Fort Worth company. "Supply and Service Expenses" are discretionary expenses incurred during the normal maintenance and operation activities of a business. Ill. ELIGIBILITY CRITERIA A. RESIDENTIAL PROJECT ELIGIBILITY A residential development project is eligible for property tax abatement if: I. Tae project is located in any of the following census tracts: 1002.02, 1010, 1011, 1016, 1017, 1018, 1019 (partial), 1025, 1028 (partial), 1029, 1030, 1031, 1033, 1035, 1036.015 1037.01, 1038, 1040, 1041 (partial) (see Map- Exhibit"A."); AtiiD 2. a. The pro;:°ct will construct or renovate no less than 50 residential living units of which no less than 20% shall be affordable(as defined by the 1.'.S. Department d)f Housing and Urban Development) to persons ,mth income-,at or belo%v 80% of median family income;OR b. The project has a:minimum capital investment of$5 million (exciudina acquisi--°on costs for land and any existing r.. a..., � :r,;. . . ., „.. c- xa tx, rkla tE"`!';S Rt,y z { �' ei^.y f' tt 3 z kH s 3 H¢I i. ��J? w � , . '� I'� y a �'tt� 84�� � a�tNf art. ,°�' � Ci j z; r �E .�1P ,.... k Win w' � �' .{��Lr�iS?:.'-�.,sia;'t f4.47r a 'r}� tK.r .RrG i;�1�lt�.,a° t : S s y n k Sri EUGIMM"Y CRITERIA ., New FrojeciF y lzl. order to be ei`gible for rroperty tax e - rs t` o:tr a c'cia iit�d� striai ierlrrlopr ent pmjj��':t raust tit;! one of the following hree cratteria", ;d. k,�ppi� ,C)Mple&.-)rt Will hgVe a �Til^!IT'_t�I`_uu.�i?t.�, iyrvt�slxlent of iQ million and corrtn�.ias tct } rF ;� rjgje-d upon.percentage of residerlLs fiarn an eligible izrszer xij, ,Eas,as t:r.a (r�s iciea-I6 ec' on E t'nibit "A.") for full 7.i.Ire er'nploymen.t_; OR n „} D. is loca_edt In the iv,r3c' c.kty (;as identified on k{It �,. or. y nropmy irnmediately ac} :{::erit �.() the major thoroughfare's which ser- e rs boundaries to any -A-the,sc' inner c.i.ut census tracts and corznlits to hire are agaeed 11-an percentage of resirl.ents from an eligible mailer city census tract (as identified on Exhibit"A") for full time ernployment.; OR. a Is loc.Led c)uisici c{f the "ir me'r city" has a r7inimun capital ;rlvestrr; t of lcss than S m:ilion, and. commits to hire an agreed u};on percentage o residents ftom an eligible inner cite ;,cnsus tract (a.5 1denti e on i?xl�dbi.t"A"j for fall rir errtployment. 2. Exit inn Business 7F.xpansiou annr3ior Modernization In arder to be cligiote ft>r property tax abatement, a facility exparlsron andlor .rrjoclerm ion by an e.fisting commercia?indf.Lstria business a, Upon cornplrtian well hay e a ninimurrz capital irz�✓c `rnent of Sic Million..; O??. resu"t Ira. ;izcrea icd— employ-<n-le,t foy GvlttC�I L11L' business g r "'ornmits to Lire and Terain an. amtcd upon percentage of residents l iT-om an eiig"bie inner city t ersti traci (as identified on 1 xlubit A i for ne-VI, ft], ! tune positi;�rs; .kr�D u. �'Y1115t ha.,,%s r3 n*:st!,1-- �1 � � � ,J003 OR (2) +.� {�c t ? ���;;� o he a��nr used value, as ?t�ert; 7 i �CPi.r i 1 d,{, cr r.'J i j f 4 , 5 , �ff li. S Y 1 R3. T +, Up An t P..- r al ,r a! 30 A....1 K MAW Sul W, y t t + 't o a,:h Ld. i e ml h_�P ',i � 1 r i . ! _ em ih Sf , "e _.+ C' Ied is ..p ; in, +x„� ukhm Fos 1 amp m O- an agmen 11 o - I c I-; l ti r ,_jA� ,... '.e.•'1.,.' �. �° ,:t :71�',--.',.� ���1,, �r i � 14 b1P.n Its > A a A,h f° { .� I -l1 iJ. i!r !. r.5v>K iA�•�.�Y. V�r�?n�,:�� � r t21 rt 7 ,�.�: t} , cossysukin and App, and m y I )'-% tares in �s cjt<i.. rti ` �' 1r i te j5XV, p r A Ap aAs or I-h C s a:,L$rI Ci� f 9� T� 11 o i; tl , on 1: e vc y, :�1 L �1t 1 „ i+ r. :Sr>;af ti ,� �f� Cl' A r�r-.a i``T �`AY located � � CRY PONY _ S ( 'a1JR in „ t A 3i �� 4IA;11 1 C,A t"� x � ,a w rt - AF,j fit' v y TS.UrC l � J ,CMed hh l l h l me vear ?'➢? �.l�11r� :.c'. �, ul IJ, fi_ t C Sl. :.t r'! ap !"'cat""un �"(" th�� rj g �4 f :I Vila 1 "+Ar `rte }.: _ )r 'For WON f Ong Se zKon, Mom , s G � _ 1. I: [ f f i_ .trm 1.W. ,si:, 4 fi NNW 4. Percent of construction contracts committed to: a. Fort Worth based firms, and b. Minority and Women owned Business Enterprises (MBEs and WBEs). 5. Percent of supply and service contract expenses committed to: a. Fort Worth based firms, and b. Minority and Women owned Business Enterprises (MBEs and WBEs). 6. The project's increase in the value of the tax base. 7. Costs to the City(such as infrastructure participation,etc.). 8. Other items which may be negotiated by the City and the applicant. Based upon the outcome of the evaluation, the Economic Development Office may present the application to the City Council's Expanding Economic Opportunities Committee. C. Consideration by Council Committee Should the Economic Development Office present the application to the City Council's Expanding Economic Opportunities Committee, the Committee will consider the application at an open meeting. The Committee may: (1) Approve the application. Staff will then incorporate the application into a tax abatement agreement which will be sent to the City Council with the Committee's recommendation to approve the agreement; or (2) Request modifications to the application. Economic De,,�-_,-ment staff will discuss the suggested modifications with the applicant and then, if the requested modifications are made, resubmit the modified application to the Committee for consideration; or (3) Deny the application. The applicant may appeal the Committee's finding by requesting the City Council to: (a) disregard the Committee's finding and (b) instruct city staff to incorporate the application into a tax abatement agreement for Mere consideration by the City Council. D. Consideration by the City Council The City Council retains sole authority to approve or deny any tax abatement agreement and is under no obligation to approve any ta-x abatement application or tax abatement agreement. The City of Fort Worth is under no obligation to proviLle tax abatement in any amount or value to any applicant. E. Effective Date for Approved Agreements All tax abatements approved by the City Council will become effective on January 1 of the yea., following the year in which a Certificate of Occupancy (CO) is issued for the qualifying development project (unless otherwise specified in the ta-x .abatement agreement). Unless otherwise specified in the agreement, taxes levied during the constriction of the project shall be due and payable. r , F% X V6. RECAPTURE P� If the terms of the tax abatement agreement are not met, the city Council has the rig, to cancel or amend the abatement agreement. Ln the event of ricellation, the rccapture of abated taxes shall be limited to the year(s) in which the default occurred or continued. VI1. INSPECTION AND FINANCIAL VERIFICATION The terms of the agreement shall include the City of fort Worth's right to: (1) review and verify the applicant's financial statements in each year dwing &,e fife of the agreement prior to granting a tax abatement in any given year, (2) conduct an on site inspection of the project in each year during the life of the abatement to verify compliance with the terms cf the tax abatement agreement. VI11. EVALI.IATIO Upon completion of construction of the facilities, the City shall no less than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to all affected taxing units. on or before March 31" of every year during the life of the agreement, aray individual or entity receiving a tax abatement from the City of Fort Worth shall provide information and documentation which details the property owner's compliance with the terms of the respective agrr:ement and shall certify that the owner is in compliance with e'.bch applicable terns of the agreement. Failure to report this information and. to provide the required certification by the above deadline shall result in any takes abated in the prior year being due and payable. y' IX. EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY No tai. abatement rights may be sold, assigned or le.Lsed unless otherwise specified in the tax abatement agreement. Any sale, assignment or lease of the property which is not perm,tted iT1 the tax abatement agreement results in cancellation of rl.e agreement and recapturc of arty taxes abated after the date on which an unspecified assignment occurred. �, .__.-_.__._�.�.-_.._..—�-_._...�--..-...._.................,-+.m....-n�.nnnravaarua•:rawAr, mtua�Aanmmmutamwwrm n I� FOLLOWING DOCUMENTS ARE R E P -ulu.Joo E N T E D BY THE BEST COPY AVAILABLE AND ARE OF POOR QUALITY MICROFILM SYSTEMS • jl - Af RONNIE mi T j `",-.cx-�--� "alt..: �• , f/ L:�, -'��`c �.+mo.��,..� � CIO [.L1 1p.1�..1 Y`f. AC \i.1 Uj Lli t ! - ? ..t=c°.d`^}��•k' J IL _ JJ S i 1 1 U ...,�..... _ "S I is "' i -.___' 1 �-�__-__,�'� �. � 1��t,;lq�^�' �t� C ,-T- •„' hn'Qi f'•7'."r�M14 ���-..:5'f' .), w ',�%�� .�—L----�,�.� 1 _ _ i��' � ` ? .'j r' L�I�� 'qtr. -..."• - x�.���` :I y� l � ...J.- � v°.�"'0✓ '°•s ��`� Y�� '`�_/"~ ti"'� a --� �?�'f.'`"`t�j 1-'_'ilt�'v°'.�`�� f� N'^ 4, r l 1: 1`r al ' tl y�zt` '�•ti :�`,� ,f„ �'�I i 1 I }},, p-- '` j a. , PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: t BEING a tract of land situated in the San Antonio & Mexi"n Gulf Railroad Company Survey, Abstract No. 1464, City of Fort Worth, Tarrant Cour,,,.:y, Texas, being a portion of a tract of land (Tract 1) as described in deed to Meacham Rail 191 Limited Partnership, recorded in Volume 12819, Page 563 of the Geed Records of Tarrant Couniy, Texas (DRTCT) and being more particularly described as foilows: BEGINNING at a cut"x' in concrete set at the location of a 'A" iron rod previously set at the southwest cr,mer of Lot 1, Block 1, Railhead Fort Worth, Phase IV, an addition tc t6e City of Fort Worth, Tarrant County, Texas as recorded in Cabinet.A, Slide 4561 of the Plat Records of Tarrant County, Texas (PRTC"r), said paint lying in the east line of proposed Gold Spike Drive (proposed 68' R.O.W.); THENCE S 89" 29'13" E, along the south line of said Lot 1, Block 1, a distance of 2004.62 feet to a %" iron rod previously set in the east line of said Meacham Rail 191 Limited Partnership Tract t and the west line of Tract A-R, Block 5 (Railroad Spur) Drainage & Utility Easement of Meacham 3 Way Center, an addition,to the City of Fort Worth,'Tarrant County, Texas as recorded in!/clume 388-121, Page 31, PRTCT, said point being thu southeast comer of said Lot 1, Block 1; THENCE S 00° 20'46"W, along the west line of said Tract A-R, Bloci:5 and the east line of said Meacharn Rail 191 Limited Partnership Tract I, a distance of 1763.60 feet to a W iron rod previously set at the southwest comer of said Tract A-R, Block 5, said point lying in the north line of proposed Meacham Boulevard (proposed variable width R.O.W.), from, which a '/7" iron rod previously set at the location of a 318" iron rod previously found ;now-obliterated) at the northwest corner of the existing platted terminus of Meacham Boulevard as dedicated by plat recorded in Volume 388-109, Page 75, PRTCT, bears S 89°39'14 E, 0.38 feet; THENCIE traversing said Meacham Rail 191 Limited Partnership Tract I, along the northerly and northeasterly lines of said proposed Meacham Boulevard the following: N 890 39'14"W, a distance of 27£1.14 feet to a Yz!' iron: rod with a plastic cap set at the paint of curvature of a non-tangent circular curve to the right, having a radius that bears N 08° 30'08' E, 1482.93 feet; Northwesterly, along said circular curve to the right, through a central angle of 21° 22'52", an arc distance of 553.38 feet and having a chord that bears N 700 48`26n W, 550.18 feet to a Mt" iron rod with a plastic cap set at the point of tangency-I N 60"07'00'W, a distance of 550.61 feet to a W iron rod with a plastic cap set at the point of curvature cat a circular curve to the left, having a radius of 1583.91 feet: { EXh'i,31T z Northwesterly, along said circular curve to the left; through a central angle of 27° 34'46", an arc distance of 762.42 feet and having a 6iord that bears N 73" 54'23"W, 755.08 feet to a W iron rod previously V-A.at VIP intersection of the northerly line of said proposed Meacham Boulevard, with the east line of said proposed Gold Spike Drive; THENCE N 000 20'x+6° E, along the east line of said proposed Gold Spike Drive, traversing said Meacham Dail 191 Limited�Partnership n 2,930 21 distance of 1115.3 feet or 67 2705 feat to the POINT OF BEGINNING and co f3 acres of land. k i I I 1 FOLLOWING DOCUMENTS ARE R-EPREOCENTED BY THE BEST COPY AVAILABLE AND ARE OF POOR QUALITY niicaorIcM sysTems L City of Fort Worth COMMERCIALANDUSTRIAL Tax Abatement Application February 1999 0��THC Fi IVJLWI i Office of Economic Development City Manager's Office Fort Worth, Texas 76102 (817) 871-6103 EXHIBIT Y ,�. a k. applicant Information: a Name Meacham Rail 191 Limited Partnership p Address 100 East 15th Street, Suite 640 _ Code Fort Worts, Texas 76102 City, State, li.p C _ ..�... Telephony:( 817 8I.7 332 _ 9050 ext. Fax - Internet E-mail addresses(if available): Contact Person (include title/position). _Michael E. Racier----- _ -- a 2. Propert) Description Attach 1--gal description or surveyor' metes& bounds description, 3. Current,appraised 'value of]Property Attach latest copy of property tax statement from the County Appraisal District. 4. Attach a brief description of the project including: services provided or products manufactured,major customers and locations,etc. 5. Project Description A. New Facilities 1. Size 1,007,500 T sq. ft. 2. Cast of Construction $ B. Site Development (fariCing, fenc;ng, le.,dscaping, etc.): n I. Type of work to be done xcayation, site ga rdi Iighti ng, parking, . perimeter fencing, landscaping 2. Projected costs $ 5,975,_000 _ C. I erso��al Propert�r: I. Value of: 't. . . . 7ptirn rentory, exported from Texas kii within 11: d tfsf _ —_.:�o ��i�, � OC mac}_azn , Di CCRO ery, fungetc. U i .�� �-........._.._...........,.a...........w.._..v,.r...ua1..WHLw{ItiV'eY({6� �!�1�r1 r .V' i 7 PROPERTY DESCRIPTION l STATE OF TEXAS! COUNTY OF TARR,ANT: BEING a tract of land situated in the San Antonio & Mexican Gulf Railroad ad Co portion Survey, Abstract No. 1464, city of Fort Worth, Tarrant County, Texas, of r tract of(and riled in)Volume 1281119, Page 583 f the Deed'Reco Records of Tarrant described in deed to Meacharn partnership, recorded County, Texas (QRTCT) and being more particularly described as follows. BEGINNING at a cut"x" in concrete set at the lead Fort Wog/rth,t Phase IV, an addition at t„Ie southwest corner of Lot 1, Block 1, Railhead to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet n the Slide 4561 line of the Plat Records of Tarrant County,Texas (PRTCT), said point lying of proposed Gold Spike Drive (proposed 68' R.O.W.); THENCE S 890 20'13” E, along the south line of said Lot 1, Block 1 a distance of 2004.62 feet to a '/a" iron rod previously set���of TractsA`R�BI Block Meacham Rail I Iroad pur) �1 Limited Partnership Tract I and the we Fort Drainage &Utility Easement of Meacham 3 addition Page 31,to City T�said Worth, Tarrant County,Texas as recorded i point being the southeast comer of said Lot 1, Block 1; THENCE S 000 20'46"W, along the west line of said Tract A-R, Block 5 and the east line of said Meacham Rail 191 Limited Partnership Tract id Tract A-R, Block 5, said t to 1, a distance of 1763.60 ' a '/z" iron rod previously set at the so (proposed variable width point lying in the north line of proposed Meacham Boulevard R.OW,), from which a '/Z' iron rod previously set at the location of a t!8" iron atted previously found (now-obliterated) at the northwest comer recorded of then volume platted 9, terminus of Meacham Boulevard as dedicated by P r Page 75, PFTCT, bears S 89° 39'14 E, 47.38 feet along the THENCE traversing said Meac h Raill 191 Limited Partnership Traot 1, northerly and northeasterly lin eof said proposed Meacham Boulevard the followiing- N 890 39`14"',1J,a distance of 276.14 feet to a 'O2" iron rod with a plastic cap set at the point of curvature of a non-tangent circular curve to the right, having a radius that bears N O8 30'08' E, 1482.93 feet; ,} idcr+,l-tive�terl�f, along said circular curve to the rigl�t�th�through that of an a,c distance of 55�..,6 feet any having 0 Set at the point N 70' 4H'26" W, 550.16 feet tO a '/=" iron rod vv;th a plastic crap of tangency; P� tan 07'00"W a distance of��50.61 feet to a '�" iron roll with a plastic cap set at the point of curvature of a circular curve tU the left, having a radius of 'r 553.91 feet-, y fr. I 77rr l 7i Northwesterly, -ilong said circular curve to and having a ugh a that bears angle eagle of 270 34'46', an ac distance of 762.42 f ee N 73° 54'23"W,755.08 feet to edj"tteacharn�o levalyd with the ed$rse ut of r the northerly line of said p pod said proposed Gold Spike Drive; THENCE N 00° 20'46" E, along the east line of said proposed Gold Spike (give, traversing said Nlea�;,+am Rail 191 Limited Partnership 2 Tract 1, a disc net or 1 1 .36 feet to the POINT OF BEGINNING and containing , acres of land. iL. . gills ffli� EMMONS- I. Sr A r t;plJ�-TY A4)M;N!S i HA 1()hi BUILD,''G :.�`�ix;;To-T 1C0E.'NE�THI�f;FC?f1O.rC yf3TVa'•7WTf-I,T' Y.AS'151�r5-C'3C'S I° STATE OF TEXAS, COUNTY OF TAtTtRANT s17/s84,1 00 DUNS GARRI SON,ASSF--OR-COLLECTOR 1C i i 376 i9 qS TAX STATEMENT 1999 x LEGAL S A & M G RI' cc) SUIVE:' iTATEUIENT DATE; 0/0911999 A 1464 TR 2 & 3 ACCOUNT: 0000469 8436 FQN.A1464-�_-f' l OWNER MEACHAM RA L 191 LTD PR�NSHP, AC.�FS:63 .232 PARCELADDRESS. 0000600 MEACHAM BLVD FID:5550000285 EXEMPTION CODES" "' LAND VALUE APPRf+t SED Vt L ---- 4 1 ,602 , 1 12 �_.__-------___ I Pr�lA�TY 8 IISo2, 112 —-- LAN ---.l CASE TAX IN TE�ES1 _ EXEMPTION� TAXABLE TAX RATE ENTITIES AMOUNT VALUE_ PEP. 6100 0.00 ! 159k8.69' 0,00 _._. __ 0 1 ,802, 1 12 0.865000 4772.64 CITY• 0 1 ,802, 112 0.264A36 357 .23 0.00 COUNTY 0 1 ,802, 112 0.019823 4218.20 0.00 R DIST 0 1 ,802, 112 0.234070 1917.63 0.00 ITAL 0 1 ,802, 112 0, 106410 87302.00 0.00 EGE 0 1 ,802., 112 1 .515000'I SD _ - -- -- __-- SUBTOTA �4--5-t 6.39 0.00 TOTAL AMOUNT DUE 54,516.39 w t "CALL 8171884-1100 FOR PRIOR YEAR TAXES DUE WHICH ARE NOT INCLUDED IN TOTAL AMOUNT DUE. please see rewrss side for v-ePortarst information. ---- _ "Itit rap ponun ctf d)%ra•'canceled cltzcl:><rli r re its your recetp T�TI��.. `MOUNT DUE _ ^Buach nnrrr_ rasa Irr and rerun thrs p F�JRT'/W{1f*TIIcTX 1'6151 0018 '����. JUNE GARRI�-IN,PO BOX 901019, NOTE: PRIOR YEARS TAXES I7IJE 4ir�T !P�CI.UDED I N TOTAL, CALL IS17�9Ad 1'IOQ. R W5' N ON R_ - ;,vvN1ER MFACHA A!L 19 t LTD PRTNS A1464-2-A1 E5E00002P,5 aG-O•.r�l. 4F9 436 '39c IF PAID IN ki,,JUN f:l Ii F;rT 5 P, FE3 581332.54 i tii 1• ;Ai+' 1 � ` MAR 59,422.84 "Y F��.7 t:�;1F71i �„ ?, .� ' P,Pi? 60,513,2 1 k� 603.54 61 , n MAY r if J.,N 62,693-83 I 73,978.74 i i9-.:100000' } { 7 tal�w,artt (Jr�l.11xTYACiMiI,:,STRFlf ON61111L17!NG STATE t� TEXAS C°OL1IJTYOFSARI�A��T .tc�tirr., i3�E \'JC:P."' �:t?FI� iC FgRrb'JC`i tic eXS7�i14i �.'.O1 JUNE GARRISON,ASSFSSGR-GGLLEGT.GH 'Y y� ns7,e8a.s ce �,Yl 1 TAX STATE'A€:NT 1999 LEGAL: S A .M G RR CO SuP.VeKY LESS:STATEMENT DATE: 12i16l1999 L LESS AL'3 1 ACCOUNT: 0000727 7432 f OWNER: MEACHAM RAIL 191 LTD PRTfNSHP, 1'I>1N. A1464 1 P ACRES: 30.'031 PARCEI.ADDRESS: 000 A 0800 MEACHAM BLVD _ R EXEMPTION CODA M r------ -- — --m! "LAN V 861 584 APPRAISE 84 TALC RATE PENAL '°Y& EXEMPTION TAXABLE VAt_LIE PI-R3w�?_CQ TAX ____ ___.__1 T�J,:'" TAXING EPtTfTfIES AMAl1T a 7625.02 0.00 FT WORTH CITY 0 86'1,584 0.866'0 2281.79 0.00 p 864.584 Q 26$83' 170.79 0.00 TARRAN'1'COUNTY 861,584 11.019823 0.00 REG WATER DIST + 0 0,234070 2016.71 (a 861,Si-34 916 81 0.00 T C HOSPITAL p 861,584 0.106410 13053.00 0.00 T C COLLEGE p ._ 861.584 �1.51!iMCL �G pO FT WORTH iSf3 .y.... __ _ ______ _---• �SUSTOTAL 26,064.11 TOTAL AMOUNT DUE ottrreeaiotr•__..____-._-___._._._ ._--- ,rr3s-top}�arrs�,*rerdy^err.'reance'erS cher✓c,JrR serve-as-i{ A Detach of-, cffOrGtior and return e,,Ls portion with your check Pa}ladle to: TOT{��{�}��tj�{Y��E V� JUNE OARR1SOINI,PO B(-)X" X10/8,FORT'01OR:TH TX 76161-0018 �26,t ouN ,inn MAO UNT IAA 1114 Oy"JNr It PrIEA.CHAM RAIL 191 LTD RR'TNSHP, pCCi�i;t7�t';i': UOt}()?,2`7712?.. `1949 p� IF P, ID IN IiMO__ UNT pV }} FE6 27,888.61 Ilb k �,11 tIY i ��f 111; I,, !!! bi i . LITE) �"• slip MAR 28,409.89 }. �1 ,�'d,Ci 7 APR 28,931.14 LSO 130 : J-.12869 MAY 29,452.43 ` JUN 29,973.73 ..._....__....___...# i)r11 'J.y*i.w: 'a°iC �5i 5 `2Eific� { JUL 35,369.01 4 , 1! ... . ..._ 0 i}9 9,8Q u,� uis-l,`�9`lt7aCJQ� p 6�:), OiI- 4 Y" Tax Abatement Application Mattel, Inc. Distribution Facility Item P. 4 Project Description Mattel, Inc. is proposing to occupy a 1 million square foot distribution facility to be constricted in Railhead/Fort Worth that is to be used as a Regional Distribution Center. This facility will be receiving products from international manufactL.ng facilities and distributing them to regional Mattel customers. Mattel will also have a retail store located within this facility for sale of some products to the immediate local consumer. This project will include the development of 67 acres at the northwest corner of Meacham Boulevard and Gold Spike Drive. Located within the project will be a one rraillion square foot tilt wall building housing distribution and retail operations. The property development also includes parking for employees, dl&(ribution,and retail operations. The perimeter of the property and areas around the building will be landscaped, perimeter fencing and lighting; of operation areas will provide security of the site. Tax Abatement Application Mattel,Inc. Distribution Facility Item ## 7C Job Description Wage Structure frr Non-Exempt Employees at Mattel's South Nest Distribution Center]Fort Worth'FX Office Clerical-employees who perform various office and clerical functions such as accounting, human resources, inventory control, traffic functions. These employees use various PCs, keeping track filling data, lllin ut 33 per hour.filing, and other normal clerical functions. Wag e rate- Warehouse positions- Claxrip Truck Operator-these employees use clamp and lift trucks to,,cove boxed material around warehouse. May be involved in unloading, storage, staging and loading of cartons of product. bust pass clamp truck drivers test. Checker-these employees are involved in verifying product is accurate on incoming shipments,verifying product to icad lists for shipping, labeling product per shipping documents and libeling individual cartons for shipment. utility Operator-these employees a_xe involved in the Promotional Assembly area where product may be reworked or repackaged. These employees may fold new boxes, pack toys in boxes, seal boxes, etc. The above employees may perform other duties as required during their workday. Wage rate-$13.30 per hour. Material handler-these employees are assigned duties such as physically loading and unloading trailers,sorting of boxes under supervision, cleanup and other general labor duties. This is the initial job position available to new hired employees. Wage rate-$9.55 per hour. FWAN 1111 1111 MIN No=—. 9 Tax Abatement Application 1@!Tattel, Inc. Distribution Facility item # 71) Empaoyee R lits SljM MARY OF MATTEL EMPLOYEE BENEFITS Medical Coverage MA-I-TEL employees are cohered medical coverage under two plans: CIGNA medical plan This medical plan is a coanbinati®n of FFC)Itraditional indemnity insurance said is daxaiaristere cl by Ci gna healthcare. Additionally, under this plan, prescription drugs are provided thrc u&%the TDI/Eckerd Health. Services. Health,Maintenance orgwiixation(ffG) An alternative to the rase hical plan,is the FLAG provided through Aetna insurance. With this plan, an employee chooses a primary care physician and all services are performed through the PCP. Coverage casts are dependent:upon the employees coverage(individual, individual plus 1, farnily). Doctor visits and prescriptions are a$10 co-pay. Dental Coverage Mattel employees are covered by one of two plans or they may waive .dental coverage. Traditional Dental plan: may be used with any dentist and is a traditional indemnity plan administered by C IGI�IA he dthcare. T entail Maintenance Organization. (DM-O) is ar, alternative plan using a primary care;dentist it initial service must be performed by the PCD or referred by that ind.kidual for special trcatnwnts. Vision Coverage t Mattel employees are provided with comprehensive vision benefits provided bf Vision Service Plan (VSP). Under the plan, Mattel employees use participating doctors or may use roan-participating doctors. In plan doctors have set costs. Examinations $10 co-pay, lens materials $20 co-pay, contact lenses plan pays 100 percent. i Survivors Benefit Life Insurance Mattel provides its employees with life insurance in the amount of two times their annual base salary. Additionally, an employee may choose to purchase i supplemental life insurance in amounts of 1-5 times their annual salary. Life insurance for their dependents may be purchased at group rates in amounts of l; $5,000 or$25,000. Accidental Death and Dismemberment Insurance ; Mattel employees are provided with basic coverage in the amount of two times their base salary. Additionally supplemental Accidental Death &Dismemberment insurance is available at 1-5 times their annual base salary. t Disability Benefit Short Term Disability (STD) After 90 continuous days of active employment Mattel employees are eligible for STD benefits which provide 180 days of income protection if they are unable to work due to illness or injury. Benefits are provided after five continuous days of absence. Benefits vary in amounts depending upon employee classification and length of service. Basic Long Tenn Disability (LTD) Mattel employees who have been disabled for 180 days and have received STD 1 benefits receive salary replacement equal to 60�percent oft��pre-disability ebase salary. These benefits are eligible until age Additionally, supplemental long-term disability insurance may be purchased to incre °e the total salary replacement to a 65% level. ,I (2) • -it w :,I Additional BeDCrIts Among other henefits provided «rr: Life balance resource Service Adoption assistance-may receive; a pay expense T ei'T"-IUrs�-ment of$5000 per adoption. i j f z�tlrne ma inium. of$15,0001, Employee Assistance t'x�agaasn_'assists �wi#ii Welly fc9'asuxrier us family a%icl medical problems. Costs Generally, Mattel employees pay approximately 5`l�ail:d1c: overall benefit costs. V V r 1 4 4 s { b � j 1! I t 11 1 I Tax Abatement Application Mattel, Inc.Distribution Facility Item # 12 Benefits to the City of Fort Worth Mattel,Inc. is proposing to relocate their Regional Distribution Center from Centerport to Railhea&Fort Worth. The existing CenterportiFort Worth facility will remain on the tax roles available for another company to use. Mattel will be retained as a Fort Worth company and will additionally be located in an inner city and enterprise zone area. Mattel,Inc. is a U.S.based multi-national c p €amity recognized as the world leader in design,manufacturing, g products. The North Fort Worth distribution center will enhance the Meacham Airport/North Fort Worth area offering job opportunities for inner city Fort Worth residents. s Ilt a. Y Em FA a Tax :abatement application Mattel,Inc. Distribution Facility Itern # Ib Success of Project Mattel, Inc. distributes toys in a highly competitive industrY and must contain roosts in order to stay competitive. Mattel's t onal expenses,u pantitreal and personal package includes personnel, shipping, other opera property taxes. Control and containment Of these costs are all important in maintaining competitiveness. If the icornpany is unable to succeed in it,s cost containment efforts, it will be forced to entertain other optians offering Inventory Freeport Exemption ubstant alinvestment in Property Tax Abatements. Mattel is proposing to mace a s the North Fort Worth Enterprise 7-one and in the inner city area. Abatement property tax of the project will assist in meeting cos l objectives and assure ure contro that the Fort Worth Mattel operations stay in Fort orth 6. Project Construction: A. What percent of the construction costs(5A.&B. above) will you commit to spend with: 1. Fort Worth businesses? . 25 2. Minority and Women owned Business Enterprises? 6 B. When will cons ruction start? February 25, 2000 C. How many construction jabs will be created? Soo D. What is the estimated payroll for these jobs? $7,680,000 7. Employment: A. If this project is an expansion or modernization of an existing facility: I. How many persons are currently employed? 166 2. What percent of TA. above are Fort Worth residents? 13 % 3. What percent of 7.A above are Inner City residents? 3.6 % B. Please complete the following table. First Audit Year Fifth Year Tenth Year New Jobs to be Created Less Transfers* Net Jobs -o- -o- -o- %of Net Jobs to be filled by Fort Worth See Attached Description Abatement Structure Residents %of Net Jobs to be filled by Inner City see Attached Desc iption Abatement St ucture Residents If any employees will be transferring,please describe where they will be transferring from. * Must be at least 25% C. Attach a description of the jobs to be created(technician, engineer, manager, etc.),tasks to be performed for each, and wage rate for each classification. D. Attach a brief description of the employee benefit package(s)offered (i.e. health insurance, retirement, public transportation assistance, day care provisions, etc.) including portion paid by employee and employer respectively. 9 A fi n; ,t' it. I� S y13 4i, i wo f I{ P }Y�`< ,��'• ./ pfd ,Y` i of r rAi f k A f , jtl or �t �� �:• ��VI !�x .y�� .� r1f 11Y � r rl 47iY ri� rj �.• I , , `.r � r"I ii 4) r tylf off f r f If� p F 1 I'd 111111 ig S $. Regarding supply and service expenses (i.e. landscaping, office or manufacturing s pipplies,janitorial services, etc.): A. What is the amount of non-sole source: supply and service:expenses? '19 B. What percentage will be committed to Fort Worth businesses? 50 % C. What percentage will be committed to Minority and Women Owned Businesses?_2.5.2/6 9. Is the property appropriately zoned for the project? Yes 10. Is the property platted?If yes,will replatting be necessary? Final Plat Required 11. Attach a description of any environmental impacts associated with this project. None 12. Attach a description of any direct benefits to the City of Fort Worth as a result of this project(i.e.sales tax,inientery tax, development fees,etc.) 13. Do you intend to pursue abatement of. County Taxes? 0 Yes 0 No School'faxes? G Yes 0 No 14.What level of abatement do you request: Years? zo Percentage? 100% 15. Is any person or firm receiving any forma 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 attach details. NQ 16. On an attachment,explain why tax abatement is necessary for the success of this project. Include a business pro-forma or other documentation to substantiate your request. On behalf of the applicant, I certify the information contained in this application(including all attachments) to be true and correct. I further certify that, on behalf of the applicant,I have read the policy Statement: Tax Abatement For Qualified Development Projects" and agree to comply with the guidelines and criteria stated therein. Manager General Partner Name Title Date y - City of FoH Worth, Texas emayor and communieneforo DTF. y —� REFERENCE;NUMBER Ir L_OG�IAME FACE 1/18/00 G2FINC►ii a:a:� 1 of 4 SUBJECT— MAKE FINDINGS CONCERNING A PROPOSED TAX ABATEMENT AGREEMENT WITH MEACHAM RAIL_ 191 LIMITED PARTNE.RS!-fiP AND AUTHORIZE EXECUTION OF THE AGREEMENT It is recommended that the City Council: R,. 1. Find that the improvements con.ained within the attached Tax Abatement Agreement are feasible and practical and would be a benefit to the land and to the ,;ity after the expiration of the Tax Abatement Agreement; and 2. Find that written notice of the City's intent to enter into the attached Tax Abatement Agreement ("Agreement") and copies of the Agreement were delivered to all affected taxing units in accordance with state law; and 3. Find that the terms and conditions of the Agreement and the property subject to the Agreement meet the criteria of the City's Policy Statement: Tax Abatement for Qualifying Development Projects (the "Tax Abatement Policy") as approved by M&C G-12143 (Resolution No. 237:); and 4. Authorize the City Manager to enter into the attached Tax Abatement Agreement with Meacham Rail 191 Limited Partnership and Mattel, Inc. in accordance with the Tax Abatement Policy. i The property subject to abatement is located in North Fort Worth inside Loop 820 in the North Enterprise Zone at the Railhead development. In a separate item on today's agenda, the City Council has been asked to designate this property as Tax Abatement Reinvestment 'Lone Number 34. r,.., r owned b Meacham Rail 191 Limited Partnership. It is expected to be � The pro,��rty is currently Y conveyed to Majestic Realty, Inc., a development company, and leased to Mattel, Inc. The proposed rK,jrjvestment.Pone is located in COUNCIL. DISTRICT 2. i?rr��clt: Irtat;ei, inc. is a distributor of toys. The company is in i.he proce.ss of expanding its operations. The c:ompariv intcands to build a 1,007,50'1 square foot distribution center with an estimated cost of construction of $19.75 r ili;on. Total investment, including personal property and inventory will exceed $100 million. n BASE AE3l"aTEl'Vit;.N TERMS: I 4, S 1 t CYf 9 of Fort Worth, Texas a r 1% qVinlyart an %Ww"n *1 Communication UATE —_ REFERENCE NUMBER LOG NAME F1 AGE ^_ 1/18/00 G-12790 I 02FINDINGS C 2 of 4 siTB_icT MAKE FINDINGS CONCERNING A PROPOSED TAX ABATEMEN"f AGREEMENT WITH MEACHAM RAIL. 191 LIMITED PARTNERSHIP AND AUTHORIZE EXECUTION OF THE AGREEMENT 1. Employment (50%) It is estimated that the project could ultimately employ over 250 people. Mattel, Inc. plans to begin operations with 166 employees, of which a minimum of 16 will be Fort Worth residents and 6 will be "inner city" residents for an abatement of 50%. it Maftel, Inc. is unable 20 maintain these goals, the i base abatement will be reduced by 112 percentage point for each Fort Worth resident below the minimum 16, and reduced by 1/2 percentage point for each "inner city" resident below the minimum 6. 2. Construction (20%) Regardino utilization of Fort Worth based businesses, the company has committed 25% of total construction cost ($13,750,000) to Fort Worth construction contractors and/or subcontractors. If this commitment is missed, the base abatement will be reduced by 10 percentage points. Regarding Minority Business Enterprises (MBEs) and Women Business Enterprises (WBEs), Mattel, Inc. has committed 6% of total construction cost ($19,750,000) to M/WBE construction contractors and/or subcontractors. If this commitment is missed, the base abatement will be reduced by 10 percentage points.. ADDITIONAL ABATEMENT TERMS: Additional tax abatement increment can be achieved in any given year through the Increased employment of Fort Worth and "inner city' residents and through the company's supply and service expenditures with Fort Worth and M/WBE vendors. The ability to increase the abatement above the base will be as follows: Employment 20% maximum additional abatement i a For each additional Fort Worth resident above the 16 base commitment of Fort Worth employees, Mattel, Inc. will obtain an additional 112 percentage point of tax abatement. a For each inner city resident above the 6 base commitment of inner city employees, Mattel, Inc. will receive an additional 1!2 percentage point of tax abatement. Si,lap.ly nd Serzire = '10% maximum additional abatirlment a For spending 50% of local discretionary funds with port Worth vendors, Mattel, Inc. will receive 5 percentage points of tax abatement with a 5% cap. w i ors 1Pnd'n �_'��e 7021 O!SGTr:tionary' fl:. S with cer(if;e �ti.i�1njrs� venoiors, Matted, Inc.- will receive 5 perr;e ,lage �o �t .�` tax a,-,at=�rriew '_erWpeo �oft Vvortn !III! `vBF will be counted at 1.5 1 nes 'va aa. c e z City of Fort Wot1h, Texas ni qVagor and until t4,mwmu Wation Cal ff 1,��L.��MS EF:F LOG�Al 1� DATE 1/18/00 EFF-FiEW fat-1279Q 02FINDINGS 3 of 4 SU—BJ-E--C—T "—-`MAK—E -FINDINGS CONCERNING A PROPOSED TAX ABATEMENT AGREEMENT WITH MEACHAM RAIL 191 LIMITED PARTNERSHIP AND AUTHORIZE EXECUTION OF THE AGREEMENT The total tax abatement has a cap of 100% per annum. SUMMARY OF ABA'7EMENT TERMS: Base Abatement= 70%- Retaining current employees 166 total (16 Fort\North/6 inner city) 50 percentage points Employing FortJVorth contractors 25% of construction costs 10 perr entage points Employing MJWBE contractors 6% of construction costs 10 percentage points Additional Abatement= 30% Employment = Um 0 For each additional Fort Worth resident above the 16 base commitment of Fort Worth employees, Mattel, Inc.will obtain an additional 1/2 percentage point of tax abatement. 0 For each inner city resident above the 6 base commitment of inner cibj employees, Mattel, Inc. will receive an additional 1/2 percentage point of tax abatement. au pl2j I and Service:-7_1_00/4 iiil _ma;� um _ • For spending 50% of local discretionary funds with Fort Worth vendors, Mattel., Inc. will receive 5 percentage points of tax abatement with a 5% cap. • For spending 25% of local discredonary funds with certified MANBE vendors, Mattel, Inc. will receive 5 percentage points of tax abatement. Certified Fort Worth M/WBE companies will be counted at 1.5 times value. If the maximum abatement (1000/0) is reached, the abated taxes are projected to be $183,637.50 annually. At the l$88/500 tax abatement level, tently. jeetteinventory will be , .00 annuallyCur Mattel, Inc. pays property taxes of $158,326.50 annually to the City of Fort Worth, which wiil continue. �i City of Fort Worth, Texas "affor anti Council communicatiol-11 DATE E REFERE�JCE NUMBER �1 LOG NAME — PA 1/18/00 1 G-127'90 02FINDiNGS 4 of 4 SUBJECT MAKE FINDINGS CONCERNING A PROPOSED TAX ABATEMENT AGRE::MENT WITH MEACHAM RAIL 191 LIMITED PARTNERSHIP AND AUTHORIZE EXE( UTION OF THE AGREEMENT _ FISCAL INFORMATION/CERTiFI CATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k I �ruh nifr¢i!for C'it} rRdn.^y,nc's f U\Q �4f Ciiti VT CENTER AM4T.!NT f CITY S:CRS"ARY Office hy: fto`--- -- — — — — -- -- Mik.,Groomer I C>ripinacingepzr naent glcad: i-----.— — CITY MACIL Forri Higgins .)AN 18 1000 i �u.ditio�a21 inforcttatint: � ` �'y.,,.�,fia,<.." City Secretary t Ne :;�ina 14a,,h Fl�j�r city of Fort Mors Texas�