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R2003-0149 10-13-03 RESOLUTION NO. R2003-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A TAX ABATEMENT AGREEMENT WITH SOUTH TEXAS PROJECTS ("STP") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY STP ALONG HALIK ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF SEVENTY-FIVE PERCENT (75%) FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2005, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF TWO (2) YEARS BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2007 AND AT A RATE OF TWENTY FIVE PERCENT (25%) FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008; FINDING AND DETERMINING THAT TERMS OF SAID AGREEMENT AND PROPERTY SUBJECT TO .THE AGREEMENT MEET THE REQUIREMENTS OF CHAPTER 312 OF THE TAX CODE, V.A.T.S. AS AMENDED, ORDINANCE NO. 1128, WHICH ESTABLISHED REINVESTMENT ZONE #11, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R2003-121. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain tax abatement agreement, by and between the City of Pearland and STP, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, is hereby authorized and approved. Section 2. The City Council finds and determines that the tax abatement agreement and the property subject to this agreement meet the requirements of Chapter 312 of the Tax Code, V.A.T.S. as amended, Ordinance No. 1128, which established Reinvestment Zone #11 , and the Guidelines and Criteria for Governing Reinvestment Zones and Tax Abatement Agreements set forth in Resolution No. R2003-121 . RESOLUTION NO. 2003-149 Section 3. The City Manager or his designee is hereby authorized to execute, and the City Secretary to attest, said Tax Abatement Agreement and any counterparts thereof. PASSED, APPROVED, AND ADOPTED this the 13th day of October , A.D., 2003. , 0,,,,,, D, TOM REID MAYOR ATTEST: t UNG .'`I ,/" i fTY ;1RETAR ' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 THE STATE OF TEXAS § �0 COUNTIES OF BRAZORIA, § Pr FORT BEND, AND HARRIS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is entered into by and between the City of Pearland, Texas, a home rule city and Municipal Corporation of Brazoria, Fort Bend, and Harris Counties, Texas, duly acting by and through its City Manager ("City"), and South Texas Projects, Inc., duly acting by and through , its President ("STP"). WITNES SETH : WHEREAS, on the 29th day of September, 2003, the City Council of the City of Pearland, Texas, passed Ordinance No. 1128 establishing Reinvestment Zone #11 in the City of Pearland, Texas, for general business tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. as amended("Code"); and WHEREAS,the City has adopted Resolution No.R2003-121,which established appropriate guidelines and criteria for governing reinvestment zones and tax abatement agreements to be entered into by the City as contemplated by the Code; and WHEREAS,the City's objective is to maintain and/or enhance the general business economic and employment base of the Pearland area for the long term interest and benefit of the City, in accordance with Resolution No. R2003-121 and the Code; and WHEREAS,the contemplated use of the Premises,as hereinafter defined,the contemplated improvements to the Premises in the amount as set forth in this Agreement and the other terms hereof are consistent with encouraging development of said Reinvestment Zone in accordance with the purposes for its creation and are in compliance with Resolution No.2003-121 and the guidelines and criteria adopted by the,City and all applicable law; and WHEREAS, the Improvements as defined below constitute a major investment within the Reinvestment Zone that will substantially increase the appraised value of property within the zone and will contribute to the retention or expansion of primary and secondary employment within the City; and WHEREAS,there will be no substantial adverse affect on the provision of city services or on its tax base and the planned use of the Premises will not constitute a hazard to public safety,health, or welfare; now, 1 THEREFORE : For and in consideration of the mutual agreements and obligations set forth below, the sufficiency of which is hereby acknowledged by the parties hereto, STP and City mutually agree as follows: 1. The property to be the subject of this Agreement shall be that property described by metes and bounds and map attached hereto as Exhibit "A" ("Premises"). 2. Construction of STP's improvements on the Premises, described in Exhibit "B" ("Improvements") will cost approximately Three Million Dollars ($3,000,000.00) and is to be substantially complete on or about October 31,2004;provided,that STP shall have such additional time to complete the Improvements as may be required in the event of"force majeure" if STP is diligently and faithfully pursuing completion of the Improvements. For this purpose,"force majeure" shall mean any contingency or cause beyond the reasonable control of STP including, without limitation,acts of God or the public enemy,war,riot,civil commotion,insurrection,governmental or de facto governmental action (unless caused by acts or omissions of STP), fires, explosions or floods, and strikes. The date of completion of the Improvements shall be defined as the date a Certificate of Occupancy is issued by the City of Pearland. 3. STP agrees and covenants that it will diligently and faithfully, in a good and workmanlike manner,pursue the completion of the Improvements as a good and valuable considera- tion of this Agreement. STP further covenants and agrees that all construction of the Improvements will be in accordance with all applicable state and local laws and regulations or valid waiver thereof. In further consideration, STP shall thereafter, from the date a Certificate of Occupancy is issued until the expiration of this Agreement, continuously operate and maintain the Premises as STP, limiting the use of said Premises to that use which is consistent with the terms of this Agreement and the general purpose of encouraging development or redevelopment of the Reinvestment Zone during the period that the property tax exemptions evidenced herein are in effect. 4. STP agrees and covenants that the Improvements shall provide approximately 14 jobs during the period of the abatement,beginning with 10 employees in 2004. Accordingly, STP shall provide to the City annual manpower reports(Exhibit"D")within sixty(60)days following the end of each calendar year. 5. Subject to the terms and conditions of this Agreement, and subject to the rights and holders of any outstanding bonds of the City,a portion of ad valorem property taxes assessed to the Property and otherwise owed to the City shall be abated. City hereby acknowledges that it is not aware of any terms or conditions of any outstanding bonds which would invalidate this Agreement. Said abatement shall be an amount equal to seventy five percent(75%) of the taxes assessed upon the increased value of the Improvements and Fixed Equipment,annually for a period of two(2)years beginning January 1, 2004, and ending December 31, 2005, and fifty percent (50%) of the taxes 2 assessed upon the increased value of the Improvements and Fixed Equipment,annually for a period of two(2)years beginning January 1,2006,and ending December 31,2007,and twenty five percent (25%) of the taxes assessed upon the increased value of the Improvements and Fixed Equipment, annually for a period of one(1)year beginning January 1,2008, and ending December 31,2008,in accordance with the terms of this Agreement and all applicable state and local regulations. The taxable value shall be determined on a uniform and equal basis of assessment by the methods used by the Brazoria County Tax Appraisal District,which information necessary for abatement shall be provided by STP to the chief appraiser of said district. Estimated values,estimated abated values, and estimated base year values for the Improvements are listed in Exhibit "B". 6. STP further agrees that the City,its agents and employees shall have the right to enter upon the Premises at any reasonable time and to inspect the Improvements in order to determine whether the construction of the Improvements is in accordance with this Agreement and all applicable federal, state, and local laws, ordinances, and regulations or valid waiver thereof. After completion of the Improvements,the City shall have the continuing right to enter upon and inspect the Premises at any reasonable time,after 24 hours'notice has been given,to determine whether the Premises are thereafter maintained and operated in accordance with this Agreement and all applicable federal,state, and local law,ordinances,and regulations. In accordance with Resolution No. R2003-121, the City will conduct at least one inspection annually to ensure compliance. Notwithstanding any other provision of this Agreement,if the City determines that a violation of a federal,state,or local law,ordinance or regulation exists on the Premises,the City may,in addition to any other authorized enforcement action,provide to STP written notice of such violation. For the purposes of this Agreement, STP shall have ten (10) days from the date of the notice to cure or remedy such violation. If STP fails or refuses to cure or remedy the violation within the ten(10)day - period,STP is subject to the forfeiture,at the discretion of the City,of any right to any tax abatement for a portion of the period or the entire period covered by this Agreement. 7. STP agrees and covenants that the information provided in the attached Application for Tax Abatement (Exhibit "C") is true and correct and that any materially false or misleading information that is provided to the applicable taxing jurisdictions may be grounds for termination of the agreement with possible liability for recovery of abated taxes. 8. In the event that(1)the Improvements for which an abatement has been granted are not completed in accordance with this Agreement; or(2) STP allows its ad valorem taxes owed to the applicable taxing jurisdictions to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of any such ad valorem taxes;or(3) STP breaches any of the terms or conditions of this Agreement,then this Agreement shall be in default. In the event that STP defaults in its performance of(1), (2),or(3)above,then the City shall give STP written notice of such default, which notice shall be delivered by personal delivery or certified mail to: . If STP has not cured such default within sixty(60)days of said written notice, this Agreement may be modified or terminated by the City. Notwithstanding the 3 provisions set forth herein, this Agreement may be terminated at any time after the execution hereof by agreement of both parties. 9. In the event that the facility is completed and begins producing product or service,but subsequently discontinues producing product or service for any reason except fire,explosion or other casualty or accident or natural disaster for a period of one year during the abatement period,then this Agreement shall be in default and shall terminate. The abatement of taxes for the calendar year during which the facility no longer produces shall also terminate. 10. As liquidated damages in the event of default and in accordance with Section 312.205,Tax Code, V.A.T.S.,as amended,all taxes which otherwise would have been paid to the City without the benefit of abatement (but without the addition of penalty; interest will be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code) will become a debt to the City and shall be due, owing and paid to the City within sixty(60)days of the expiration of the cure period stated in paragraph 8 or the termination date stated in paragraph 9, whichever is applicable. The City shall have all remedies for the recapture and collection of the lost tax revenue as provided generally in the Tax Code for the collection of delinquent property taxes and in accordance with Resolution No. R2003-121. 11. The City represents and warrants that the Premises does not include any property that is owned by a member of its council or boards, agencies,commissions,or other governmental bodies approving, or having responsibility for the approval of, this Agreement. 12. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. This Agreement may be transferred or assigned by STP only upon written permission by the City in accordance with Resolution R2003-121,which permission shall not be unreasonably withheld. No assignment shall be approved if the assignor or assignee are indebted to the City for ad valorem taxes or other obligations. 13. It is understood and agreed between the parties that STP,in performing its obligations hereunder, is acting independently, and the City assumes no responsibilities or liabilities in connec- tion therewith to third parties. 14. STP RELEASES,ACQUITS,INDEMNIFIES,AND HOLDS HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL KINDS OF CLAIMS, DEMANDS, LOSSES, DAMAGES, INJURIES, RIGHTS,CAUSES OF ACTION,OR JUDGMENTS OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION REFLECT THE EXPRESSED INTENTIONS OF STP AND THE CITY AND SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. 15. It is understood and agreed by the City and STP that if the Premises has been designated and taxed as agricultural land pursuant to Chapter 23,Subchapter C,Tax Code,V.A.T.S., 4 that this Agreement shall not be effective and no abatement granted until STP has removed the agricultural use designation and all taxes due pursuant to Section 23.55, Tax Code, V.A.T.S., as amended, (roll back taxes) have been paid. 16. This Agreement was authorized by Resolution of the City Council at its council meeting on the 13th day of October, 2003,authorizing the City Manager to execute the Agreement on behalf of the City. 17. This Agreement is entered into by STP pursuant to authority granted by its President, , on the day of , 20 18. This shall constitute a valid and binding Agreement between the City and STP when executed in accordance herewith. 19. This Agreement is performable in Brazoria County, Texas. 20. STP agrees and covenants to certify annually to the City, while this Agreement is in effect, that STP is in compliance with each applicable term of this Agreement. Witness our hands this day of ATTEST: CITY OF PEARLAND By: By: Young Lorfing Bill Eisen City Secretary City Manager APPROVED AS TO FORM: By: Darrin M. Coker City Attorney 5 ATTEST: ,SOUTH TEXAS PROJECTS, INC. By: By: Printed Name: Printed Name: Title: Title: 6 THE STATE OF TEXAS § COUNTY OF BRAZORIA § BEFORE ME, the undersigned Notary Public, on this day personally appeared Bill Eisen, City Manager for the City of Pearland,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF ,A.D., 20_ NOTARY PUBLIC, STATE OF TEXAS Printed Name: Commission Expires: THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared ,President of South Texas Projects,Inc.,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF ,A.D., 20 . NOTARY PUBLIC, STATE OF TEXAS Printed Name: My Commission Expires: 7 EXHIBIT PROPERTY DESCRIPTION 9 A 7.6525 ACRE TRACT OF LAND OUT OF LOTS 45 AND 49 OF THE W. ZYCHINSKI SUBDIVISON OF THE H. T. AND B.R.R. CO SURVRY, SECTION 3; ABSTRACT 232, BRAZORIA COUNTY, TEXAS, AND BEING PART OF AN 18.059 ACRE TRACT DESCRIBED IN DEED RECORDED IN VOLUME 1020, PAGE 856 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULAR'?DESCRIBED AS FOLLOWS: BEARINGS BASED ON RECORDED DEED; BEGINNING AT A FOUND 5/8 INCH IRON ROD FOR CORNER IN B HE NORTH RIGHT-OF-WAY LINE OF HALIK ROAD. ( 60 FOOT ROW) WHICH SOUTH 89 DEG. 57 MIN. 20 SEC. WEST A DISTANCE OF 676.77 FEET FROM A 5/8 INCH IRON ROD FOUND AT THE�THE N�RTIORIG�T WEST F W� LINERIGHT-OF- WAY LINE OF STATE HIGHWAY 35 OF HALIK ROAD ALSO BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED 18.059 ACRE TRACT; THENCE SOUTH 89 DEG. 57 MIN. 20 SEC. WEST ALONG THE NORTH RIGHT- OF-WAY LINE OF HALIK RBEING THE A DISTANCE OF 497.50 FEET TO A 5/8 SOLtTHV�'EST CORNER OrnTTHE CH IRON ROD FOUND FOR CORNER, 18.059 ACRE TRACT; THNECE NORTH ALONG THE WEST LINE OF SAID 18.059 ACRE TRACT;AT A DISTANCE OF 596.40 FEET PASSES THE COMMON LINE BETWEEN LOTS 45 - .AND 49, CONTAINING IN ALLY TOTAL AST�HE NORTHWEST CORNERCE OF 670.04 FEET TO A 80F INCH IRON ROD FOUND FOR CORNER, BEING THE 18.059 ACRE TRACT; THENCE NORTH 89 DEG. 57 MIN. 20 SEC. EAST ALONG THE NORTHL NCH F SAID 18.059 ACRE TRACT, A DISTANCE OF 497.50 FEET TO A FOUND IRON ROD FOR CORNER; . THENCE SOUTH AT A DISTANCE OF 75.60 FEET PASS THE COMMON DISTANCE LINE 49, CONTINUING IN ALL A TOAL F 670.04 FEET TOOTHE BETWEEN LOTS 45 PLACE OF BEGINNING AND CONTAINING 7.6525 ACRES OF LAND MO OR LESS. , sOFrF JOSE H. GONZAL R.P. . . #4478 . JOSEHUMBEFITOGONZAUZ JOB #306-076 ' '' • `�.Q9SUFi2 P•oQ Research/Roy p^�O v -\ .\ ,J i Jill V !C • South Texas Properties Tax Abatement Scenario based on phased in taxes Year Investment Gross Tax Abatement% Abated Net Tax EXHIBIT .6860/100 1 3,000,000.00 $20,580.00 75% $15,435.00 $5,145.00 ,- 2 3,000,000.00 $20,580.00 75% $15,435.00 $5,145.00 B 3 3,000,000.00 $20,580.00 50% $10,290.00 $10,290.00 4 3,000,000.00 $20,580.00 50% $10,290.00 $10,290.00 , 5 3,000,000.00 $20,580.00 25% $5,145.00 $15,435.00 TAX ABATED $56,595.00 TAX GAINED $46,305.00 8/11/2003 EXHIBIT I APPLICATION FOR TAX ABATEMENT E- THE ; CITY OF PEARLAND 9 C It is recommended that this application be filed at least 90 days prior to the beginning of g construction of the installation of equipment. The filing of this document acknowledges familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone Created in the City of Pearland (attached). Please review Instructions attached before executing this application. This application will become part of the agreement and any knowingly false representations will be grounds for the City to void the agreement. Original copy of this request should be submitted to the Pearland Economic Development Corp. Executive Director, City of Pearland, 3519 Liberty Drive, Pearland, Texas 77581. Please attach exhibits and additional information. APPLICANT INFORMATION Application Date August 4, 2003 Company Name South Texas Projects, Inc. Number of Current Employees _ 14 Address 9321 MPlrinuu Finn, TX 77079 _ Annual Sales 3.6 Million Consecutive years in business 14 Corporation (x) Partnership ( ) Proprietorship ( ) Please submit financial statements for the prior two years. PROJECT INFORMATION Type of facility: Manufacturing ( ) Reg. Distribution Center ) (See Instructions) Regional Service ( ) Reg. Entertainment Center ( ) Other Basic Industry ( ) Location address and description of area to be designated as reinvestment zone (attach map showing site and legal description): Hal•ik Road (see attached) Description of eligible improvements (real property) to be constructed (This includes fixed equipment, buildings, parking lots, etc.): (3) 40320 Sq Ft office warehouse buildings with detention pond and parking for facility. Description of ineligible property to be included in project. (This includes inventory and personal property.): Personal property is all office furniture and equipment. The company vehicles and forklift will be included. No inventory for lobs is maintained_ Will this project require any permits by other federal, state or county agencies? If so, please list the name of the permit, the permitting agency and a description of why and what the permit is needed for: No_ -- — — — — The proposed reinvestment zone is located in: City PPprland County Brazoria School District Pe Arland ISD College District N/A Other Taxing Jurisdictions Drainage district #4 Tax ID number Description of product(s) or service to be provided (proposed use): - Office warehouse space that will be leased and house Scnith TPxas_Proj-ects--offices. Description of operations, processes involved, general overview: ATTACH A STATEMENT explaining the general nature and extent of the project, describing existing site and improvements; describe all proposed improvements and provide list of improvements and equipment for which abatement, is requested. Include a proposed time schedule for undertaking and completing the planned improvements as well as the company officials and agents who will oversee the construction. Describe other sites that are under consideration. NEW PLANT (X) EXPANSION ( ) MODERNIZATION ( ) ECONOMIC INFORMATION A. Construction Estimates IF MODERNIZATION: Commencement Date: Oct 2003 Estimated Economic Life of Construction Man Years: Existing Plant: _ Years Completion Date: Spring 2004 Added Economic Life from Peak Construction Jobs 5-10 Modernization: Years B. Permanent Employment Estimates (FTE'0 Current Employment 14 Current Annual Payroll $770,000.00 average annual or hourly salary Nip Number of jobs retained ( 14 ) created ( 2-3 ) at start/opening of this project 14 in year 2003 5 years into operation 16+ in year 2008 Local Transfer Total Est. Salaries -)0 - , 20 — _ — C. Other Estimated Taxes Generated by Project • (1) Sales Taxes: 20 : $ 20_ : $ 20 : $ 20 : $ 20 : $ 20 : $ 20 : $ • 20 : $ 20 : $ • 20 : $ (2) Other Taxes or fees (if known, impact fees, building fees, etc.): D. Estimated Appraised Value on Site: Building Bus. Personal Land & Fixed Property Equipment & Inventory I. Total of pre-existing value $68,870.0 L —N/A N/A (Jan 1 preceding abatement) II. Estimated value of NEW land added. Estimated value of NEW improvements 3 Million Estimated value of NEW fixed equipment 0 Estimated value of NEW personal property and inventory added _ 0 Total of NEW value added _ 3 Million (Total columns in Sec. R above) M. Total value at end of Tax Abatement $3,068,870.00(Total Part I& H) TAX ABATEMENT REQUESTED 1 OQ % of eligible property for a term of 7 years (Or) ( ) Requesting Staggered Tax Abatement Terms as follows: VARIANCE Is the applicant seeking a variance under Section 3(0 of the Guidelines? YES ( ) NO (x) If"YES" attach required supplementary information. OTHER ABATEMENTS: Has company made application for abatement of this project by another taxing jurisdiction or nearby counties? YES ( ) NO (x) If"YES" provide dates of application, hearing dates, if held or.scheduled, name of jurisdictions and contacts, and letters of intent. COMPANY REPRESENTATIVE TO BE CONTACTED - Name: Kryste Dolen Mana ger Title: Address. 9321 Meldrum _ _Houston, TX 77075 Telephone: .713-947-81-77 - -- Authorized Company Official: By: Printed me: Kryste Dolen Title: Manages' • • Revised November 21. 2000 SAMPLE PROJECT DESCRIPTION The project will be the construction of a new manufacturing facility that will also include our sales and engineering staff. We expect to have approximately 150-160 employees on site. We expect the project will require the construction of a building of approximately 70,000 square feet at a cost of approximately $2.6-$2.8 million. It is anticipated that fixed manufacturing equipment of approximately $1,500,000 will be included in the project. Tax abatement will be sought on all items allowed by law. SAMPLE TIME SCHEDULE September - Dec 31, 2001 Legal work, conceptual phase, contractor selection January 1 - Jan 30, 2002 Wetlands study, Is' phase architecture, soils engineering, topographical mapping, detention pond engineering February 1-February 28, 2002 Architectural drawings, final engineering, permits and applications _ March 1 - March 30, 2002 Bids and initial site work April 1-November 15, 2002 Construction November 16 - December 25, 2002 Move-in, start up December 30, 2002 Completion DO NOT WRITE IN MIS AREA — FOR PROCESSING PURPOSES ONLY 1. EDC contact 2. Precinct • 3. Jurisdictions notified / / • 4. Initial review completed 5. Review circulated 6. ISD concurrence? 7. College concurrence? 8. City concurrence? 9. Letter of Intent 10. Hearing noticed on agenda / / 11. Public hearing / _ / 12. ISD action / / 13. College action 14. City action 15. Agreement signed / / EXHIBIT "D" MANPOWER REPORT I, , of South Texas Properties, Inc., do certify that on ,20 there were individuals employed full time at South Texas Properties, Inc. Printed Name: Title: Date: THE STATE OF TEXAS § § . COUNTY OF § BEFORE ME, the undersigned Notary Public, on - this day personally appeared of South Texas Properties,Inc.,being by me duly sworn on his/her oath deposed and said that he/she is duly qualified and authorized in all respects to make this affidavit; and that every statement contained in the Manpower Report is within his/her knowledge and true and correct. SUBSCRIBED AND SWORN TO BEFORE ME on the day of , to certify which witness my hand and official seal. NOTARY PUBLIC, STATE OF TEXAS Printed Name: My Commission Expires: Pearland EDC Memo To: Bill Eisen From: Fred Welch CC: Darin Coker/ EDC Board Date: 8/11/2003 Re: Tax Abatement Application for South Texas Properties Bill: South Texas Properties has submitted an application for Tax Abatement from the City of Pearland for a new facility to be constructed on Halik Road. Construction will consist of three buildings of approximately 15,000 square feet each. The complex will house mainly warehouse and distribution prospects. South Texas properties will relocate from their present facility in Houston and occupy approximately 12,000 square feet in one building. Their fourteen employees will relocate with the company. The remaining space will be available to lease to other prospective companies. PEDC recommends this project for approval of the tax abatement. It meets the criteria for tax abatement as a warehouse and distribution company. The investment of $3,000,000 is well above the minimum $500,000 investment in our guidelines. The fourteen employees relocating exceeds our minimum of ten new employees. PEDC staff recommends a staggered or phased in abatement for five years as follows: 75% years 1-2 50% years 3-4 25% year 5 A tax analysis is attached showing the effect to the city if this schedule is followed. Also to be considered is the effect of the $770,000 payroll on the city. South Texas Properties Tax Abatement Scenario based on phased in taxes Year Investment Gross Tax Abatement% .6860/100 1 3,000,000.00 $20,580 00 2 3,000,000.00 $20,580 00 3 3,000,000.00 $20,580 00 4 3,000,000.00 $20,580 00 5 3,000,000.00 $20,580 00 TAX ABATED TAX GAINED Abated Net Tax 75% $15,435.00 $5,145.00 75% $15,435.00 $5,145.00 50% $10,290.00 $10,290.00 50% $10,290.00 $10,290.00 25% $5,145.00 $15,435.00 $56,595.00 $46,305.00 8/11/2003