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2000T09-TAX ABATEMENTORDINANCE NO. ~ AN O RDINANC E THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH PROLOGIS TRUST, A PROPERTY OWNER IN THE CITY OF SCHERTZ, REPEALING ORDINANCE 99-T-21, AND DECLARING AN EMERGENCY. WHEREAS, Section 312 of the Texas Property Tax municipalities to abate ad valorem taxes under specific Guidelim and the City of Schertz has adopted specific Guidelines and these provisions; and, WHEREAS, the City Council finds that the application fo: ad valorem taxes by ProLogis Trust meets those Guidelines an. further finds the terms of the tax abatement agreement listed a acceptable; and, WHEREAS, the property owned by ProLogis Trust, desc: acre tract out of the George Dolson survey No. 96, A-7, City of County in Volume 411, pp. 848 of the deed records of Comal and is within a State Enterprise Zone as approved by the Texas Commerce on 11 April, 1995; and, WHEREAS, the terms of the tax abatement agreement substantial long term adverse effect on the provision of the Cil tax base, and the planned use of the property will not constitr public safety, health or morals; and, WHEREAS, timely action is required to assure other taxin the opportunity to act on a similar measure, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCH THAT, the request for abatement of ad valorem taxes by P~ approved. The approved rate is 80% for ten (10) years. Taxes s on capital improvements only. Code allows ;s and Criteria, Criteria under r abatement of :1 Criteria, and t Exhibit 1 are ribed as a 9.8 gchertz, Comal 2ounty, Texas, Department of will cause no ~'s services or rte a hazard to .g entities have ERTZ, TEXAS: 'oLogis Trust is hall be abated THAT, the City Manager is authorized to enter into an ag~ as Exhibit 1, with ProLogis Trust. THAT, this ordinance repeals City of Schertz Ordinance entirety, THAT, the need for timeliness requires this ordinance to an emergency requiring the suspension of the Charter pro ordinance be passed on the day it is introduced, and such Chin accordingly suspended and this ordinance is declared to be measure, and shall take effect and be in full force immediately its passage on the date shown below. PASSED, APPROVED AND ADOPTE!2} this the 4th day of April 2 / Mayor, Ci~ of Scher~, Texas ATI'EST: City Secretary, City of Schertz (SEAL OF CITY) · eement, shown 99-T-21 in its be acted on as vision that no 'ter provision is an emergency from and after )00. Exhibit 1 Tax Abatement Agreement 1. Parties. This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Schertz, Texas (hereinafter called the "City' ), and ProLogis Development Services Incorporated (hereinafter called the "Com' ~any"). 2. Authorization and Findings. a. This agreement is entered into pursuant to' (1) Section 312 of the Texas Property Tax Code. (2) City of Schertz Ordinance, which establishes thC City of Schertz Guidelines and Criteria for Tax Abatement and Reinw stment Zones (hereinafter referred to as the "Guidelines and Criteria"). (3) City of Schertz Ordinance ~_~-T-~.~., which approves this tax abatement and agreement and authorizes the execution thereof. b. The City, by approval of this agreement, hereby finds the terms of this agreement and the property subject to it, to meet the "Guidelines and Criteria" as adopted, and further finds there will be' (1) No substantial long-term adverse affect on the t~rovision of City services or tax base; and, (2) no hazard to public safety, health, or morals the planned use of the property. 3. Property a. The real property is described as a 9.8 acre tract o~t of the George Dolson survey No. 96, A-7, City of Schertz, Comal County in %"olume 411, pp. 848 of the Deed Records of Comal County, Texas (herein~zfter called the "Property"). The Property is located in Comal County and Gua.dalupe County, Texas. -1- as the result of b. Abatements approved will be based on the value of im out on the real property roll of the Guadalupe County Appraisal Property. The 1998 base year value established by the Gua Appraisal District is $123,816.00. c. The tax account of the Property is unknown at thi parcels are being combined and re-plated. d. A general description of the improvements to be Company is set out in the basic abatement application. 4. Company Representations and Estimates. a. The Company represents they are the owners in fe Property. The Property is located within the City of Schertz, Zone, Tri-County Business Park, and within Comal County County, Texas. b. The Company represents that the use of the Prop, follows: Lease of space to tenants that meet the zoning require Manufacturing. c. The Company represents it will make capital ("Improvements") to the Property, which will cost $5,600,000.00. d. The Company estimates that a minimum of fifty (50) created in the City of Schertz, in connection with the operatior the Property, and estimates that these new jobs will have an ax the approximate amount of $1,300,000.00 in facilities local Texas. e. The Company represents that no interest in the Prope held by or leased by and covenants that it shall not sell or lease the Property to, a member of the City Council of the City, th Zoning Commission of the City, the Economic Development Dep other City officer or employee as long as this agreement is in eff¢ 5. Terms of the Agreement. This Agreement is conditioned on the Company making improvements to the Property (hereinafter referred to as the" and fulfilling the following covenants: -2- provements set District for the .dalupe County s time, several made by the e simple of the tate Enterprise tnd Guadalupe ;rty is to be as ments for Light improvements approximately 2ew jobs will be .s of tenants on ~nual payroll in :ed in Schertz, ~rty is presently any interest in Planning and artment, or any :ct. the following Improvements") a. Construction of an approximately 160,000-sq. ft buil office spaces. The Company covenants and agrees that the Im' be completed during the term of the tax abatement. b. The Company estimates that a minimum of fifty (50) positions will be created in the City of Schertz with the operatio~ the Property within one year of the Commencement Date (defin, tax abatement. Any permanent jobs created after the date of e: Agreement shall be considered a new permanent position for 1: Agreement. c. The location of the Improvements is more particularl! site plan approved by the City of Schertz Planning and Zoning C d. The Company covenants and agrees that all Improw all times comply with all applicable City building codes a: including, but not limited to, flood, subdivision, building, elect~ fire and life safety codes and ordinances, as amended. Furthe covenants to maintain the Improvements in compliance with a codes and ordinances, and in a neat attractive condition with area described in the site plan approved by the Plannit. Commission of the City. e. The Company agrees to pay all ad valorem taxes on tl on personal property in a timely manner, whether assessed by other tax jurisdiction. f. The Company agrees to furnish the Chief Tax Apprais¢ County with information outlined in Chapter 22, V.A.T.S. amended, as may be necessary for tax abatement and for apprai g. The Company agrees to allow inspection of the Prop~ Manager, or a designee. Such inspection shall be to determine conditions of the Agreement are being met and for the purp compliance with applicable City Codes and ordinances. Inst made only after giving a minimum of 24 hours notice and will such a manner as to not unreasonably interfere with the o Property. h. The Company agrees that the payroll for permanent e City at the Property will be approximately $1,300,000.00 throt of the tax abatement. -3- ding, including )rovements will new permanent s of tenants on ,~d below)of the lecution of this ,urposes of this described in a ommission. ;ments shall at ~d ordinances, 'ical, plumbing, ?, the Company 1 such building the landscaped ~g and Zoning ~e Property and the City or any ,~r of Guadalupe Tax Code, as .sal purposes. ~rty by the City .f the terms and >se of assuring )ections will be )e conducted in ~eration of the mployees in the ~ghout the term i. The Company agrees annually to certify in writing its c the terms of this Agreement, which certification shall be filed bjy the City of $chertz of each year during the term of the tax ab~ danuary 15 of the year following the term of the tax abatement. j. In the event the Company leases all or part of the ImF third party, the Company agrees that all benefits accrued from are to be passed on to the lessee{s) in a pro rata share. k. In the event the Company leases all or part of the Im[ third party, the Company agrees that the terms in paragraphs related to the number of jobs, and payroll shall remain in effec fails to maintain such requirements, the tax abatement shal subject to Section 7. 6. Terms for the Tax Abatement. a. Provided that the Company complies with its ob: Section 5 of this Agreement throughout the period of the tax ab~ the entire assessed value of the capital Improvements located shall be exempt from ad valorem taxation for a period of ten (10'~ b. No abatement of taxes shall be granted as to personal Company installed or maintained within the Property. c. The abatement shall be for a ten year period (th, Agreement") commencing on January 1, 2000 (the "Comme~ and expiring on the 31 December, 2009 (10th) anni~ Commencement Date. Additionally, during the Term of this City agrees not to impose any other taxes or assessments that be in lieu of ad valorem taxes on the Company, the P~ Improvements. d. The Company shall pay all ad valorem taxes due ¢ value of the Property prior to the beginning of the tax abatemenl e. The Company and/or the lessee shall have the right contest any or all appraisals or reassessments of the P~ Improvements, and the tax abatement provided for herein fo~ shall be applied to the amount of taxes finally determined, as protest or contest, to be due for such property. -4- ompliance with danuary 15 to .tement and by ,rovements to a this abatement ~rovements to a ., and h. above t. If the lessee 1 lapse and be ligations under ttement, 80% of >n the Property years. property of the = "Term of this xcement Date"), 'ersary of the Agreement, the are intended to · operty, or the ,n the assessed to protest and operty, or the such property result of such 7. Default/Recapture. a. If the Company refuses or neglects to comply with any this agreement or, if any representation made by the Ce Application for Tax Abatement (or this Agreement) is false or mi material respect and such refusal or default is not cured within after notice, this Agreement may be terminated by the City. b. In the event the Company allows ad valorem taxes on become delinquent and fails to timely and properly follow the h for their protest and/or contest, this agreement may be terminal c. In the event the City determines the Company to be ix Agreement, the City will notify the Company in writing at the ac Section 8 of this agreement. If the defaults specified w particularity in such notice are not cured within sixty days fr such notice, then this Agreement may be terminated upon writt Company. The city may agree to extend the cure period for an (60) days upon written request by the Company. If the City terminates this agreement, taxes without abatement the year in which termination occurred and shall accrue withou all tax years thereafter. However, there shall be no recaptur~ taxes abated by virtue of this Agreement. d. If during the tax abatement period all operations by Property are discontinued for a period of at least 180 consecuti' if due to a casualty, condemnation, or other force majeure eve City shall by Ordinance adopted by the City Council have recapture 100% of the taxes abated in prior years and the yem discontinuance occurs; and (ii) terminate this agreement; pr the City shall first provide the Company with notice and n (following such 180 day period) to cure such discontinuance of to either recapturing any taxes or terminating this Agreemenl this paragraph. e. A total bill for any amounts due under Section 7c. hereof will be sent to the Company and the Company agrees amount within sixty days after receipt. Penalty and interest x accrue until the company has failed to pay any of the amount the tax roll within sixty days after receipt of the bill, unles satisfactory to the City and the Guadalupe County Tax Assesso~ been made. -5- of the terms of mpany in the sleading in any sixty (60)days the Property to ,~gal procedures :ed by the City. ~ default of this .dress stated in ith reasonable 'om the date of en notice to the additional sixty will be due for t abatement for of prior years' tenants at the ~e days, (except ',nt(s)), then the the right to (i) in which such ~vided however inety (90) days ~perations prior as set forth in or Section 7d. ~o pay the total rill not begin to placed back on ~ arrangements / Collector have 8. Notice. All notices shall be in writing, addressed to the Company or following addresses. If mailed, any notice or communication s to be received three days after the date of deposit in the Unit certified mail, return receipt requested, postage prepaid and prc for delivery. Unless otherwise provided in this agreement, all ~ delivered to the following address: To the Company: If mailed or delivered: ProLogis Development Services Incorporated Property Management 3453 IH-35 North, Suite 109 San Antonio, Texas 78219 Ph. (210} 212-9292 With copy to: ProLogis Development Services Incorporated Attn: David Daniel 14100 E. 35th Place Aurora, Colorado 80011 Ph (303) 375-9292 And a copy to: Mayer, Brown & Platt Attn: Ronald M. Shoss 700 Louisiana, Suite 3600 Houston, Texas 77002 Ph (713) 546-0504 To the City' If mailed or personally delivered: City of Schertz Attn' City Manager P.O. Drawer I Schertz, Texas 78154 9. Agreement Approved by City Council. The City repre: Agreement has been approved by affirmative vote of a majority of the Schertz City Council at a regularly scheduled meeting. -6- the City at the hall be deemed ed States Mail, ,perly packaged ~otices shall be sents that this of the members 10. Assignment. This agreement may be assignable to a new the City's consent provided (i) the net worth of the as $25,000,000.00 or a lesser amount with the City's consent (ii primary business is ownership, operating and managing real p~ Company certifies to the good reputation of the assignee; and (: assumes the Company's obligation under this agreement. Fai above provisions, this agreement may be assignable to a new c prior approval of the Schertz City Council at a regularly sch¢ The Company shall notify the City of any assignment within thir 11. General Provisions. This agreement is entered into subject the holders of outstanding bonds of the City. If the holders bonds of the City exercise any of their rights so as to diminisl benefits of this Agreement, the City agrees to work with the C, establishing an alternative agreement with terms similar to this considering any bondholders' rights. 12. Severability. In the event any section, subsectk subparagraph, sentence, phrase or word herein is held inv unenforceable, the balance of the Agreement shall stand, shall and shall be read as if the parties intended at all times to del section, subsection, paragraph, subparagraph, sentence, phra such event there shall be substituted for such deleted provisio~ similar in terms and in effect to such deleted provision as ma~. and enforceable. 13. Estoppel Certificate. Either party hereto may reque~ certificate from another party hereto so long as the certificate connection with a bona fide business purpose. The certit requested, will be addressed to a subsequent purchaser or Company, shall include, but not necessarily be limited to, state Agreement is in full force and effect without default, if such remaining term of this Agreement, the levels of tax abatemer. such other matters reasonably requested by the party(ies) certificate. 14. Applicable Law. This Agreement shall be construed un, State of Texas and is performable in Comal County and Gua Texas. 15. Binding on Successors and Assigns. This agreement wil and inure to the benefit of the parties hereto and their respe~ and permitted assigns. -7- owner without signee is over the assignee's .'operty; (iii)the iv) the assignee ling any of the .wner only with .duled meeting. ty (30) days. to the rights of of outstanding ~l the effects or )mpany toward Agreement and n, paragraph, ~lid, illegal, or be enforceable ere said invalid se or word. In ~ a provision as ~ be valid, legal ~t an estoppel is requested in icate, which if assignee of the ments that this .s the case, the t in effect, and to receive the der laws of the dalupe County, be binding on rive successors 16. Date. originals, each having full force and effect on ATTEST- Norma Althouse City Secretary Seal of the City STATE OF COLORADO COUNTY OF ADAMS This agreement has been executed by the part: For The Company ProLogis Deve~o~ent Servl;~, IncTorated By: Name' David B. Daniel Title First Vice President For the CITY OF SCHERTZ City Manager This instrument was acknowledged before me on Marct 2000, by David B. Daniel, First Vice President of ProLog Services Incorporated, a Delaware corporation, on corporation. -~-:~y ' in ar~c~ for the - State of Colorado (Prlint~d'lqame' ~)f Notary) My commission expires:0~'18'2c~)~' .es in multiple 2000. -8- is Development >ehalf of said THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on ~ Kerry R. Sweatt, City Manager of the City of Schertz, Texas and body politic formed under the laws of the State of Tex said municipality. (SEAL) Notary Public in and for the State of Texas (Printed Name of Notary) My commission expires' -9- _~rl,, 2000, by a municipality ~s, on behalf of PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared known to me, who, being by me duly sworn, on his oath deposes and ss Publisher of The Seguin Gazette-Enterprise, a newspaper published in a copy of the within and foregoing notice was published in said newspa before the return day named therein, such publications being on the foil L. A. Reynolds, ys that he is the ;aid county; that ~er 2 times )wing dates' Gazette-Enterprise April 11,2000 PennySaver April 13, 2000 and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this , day of April, A.D., 2000 Notary Public, Guadalu e County, Texas