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R2000-070 05-22-00RESOLUTION NO. R2000-70 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 ROLLAC SHUTTER OF TEXAS, INC. ("ROLLAC") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY ROLLAC AND LOCATED AT THE NORTHWEST CORNER OF ORANGE STREET AT WOODY STREET WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF ONE HUNDRED PERCENT (100%) FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1,2001, AND ENDING DECEMBER 31, 2001, AND AT A RATE OF SEVENTY PERCENT (70%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2002, AND AT A RATE OF FIFTY PERCENT (50%) ANNUALLY FOR A PERIOD OF FIVE (5) YEARS BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2007; 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. 967, WHICH ESTABLISHED REINVESTMENT ZONE #10, AND THE GUIDELINES AND CRITERIA FOR GOVERNING REINVESTMENT ZONES AND TAX ABATEMENT AGREEMENTS SET FORTH IN RESOLUTION NO. R98-59. 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 Rollac Shutter of Texas, Inc., 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. 967, which established Reinvestment Zone #10, and the Guidelines and Criteria for Governing RESOLUTION NO. R2000-70 Reinvestment Zones and Tax Abatement Agreements set forth in Resolution No. R98-59. 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 22nd day of Hay , A.D., 2000. ATTEST: APPROVED AS TO FORM: TOM REID MAYOR DARRIN M. COKER CITY ATTORNEY 2 THE STATE OF TEXAS COUNTIES OF BRAZORIA, 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 Rollac Shutter of Texas, Inc., duly acting by and through Walter Konrad, its President ("Rollac"). WITNESSETH' WHEREAS, on the 82 day of May, 2000, the City Council of the City of Pearland, Texas, passed Ordinance No. 967 establishing Reinvestment Zone #10 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. R98-59, 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. R98-59 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. R98-59 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, 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, Rollac 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 Rollac's improvements on the Premises, described in Exhibit "B" ("Improvements") will cost approximately Two Million Nine Hundred Thousand Dollars ($2,900,000.00) and is to be substantially complete on or about ,20 .; provided, .that Rollac shall have such additional time to complete the Improvements as may be required in the event of"force majeure" if Rollac 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 Rollac 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 Rollac), 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. Additionally, Rollac anticipates Seven Hundred Fifty Thousand Dollars ($750,000.00) in fixed equipment. 3. Rollac 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. Rollac 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, Rollac shall thereafter, from the date a Certificate of Occupancy is issued until the expiration of this Agreement, continuously operate and maintain the Premises as Rollac, 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. Rollac agrees and covenants that the Improvements shall provide approximately 50-65 jobs during the period of the abatement, beginning with 50 employees in 2001. Accordingly, Rollac 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 o fad 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. 2 Said abatement shall be an amount equal to one hundred percent (100%) 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, 2001, and ending December 31, 2001, and seventy percent (70%) 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, 2002, and ending December 31, 2002, and fifty percent (50%) of the taxes assessed upon the increased value of the Improvements and Fixed Equipment, annually for a period of five (5) years beginning January 1, 2003, and ending December 31, 2007, 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 Rollac to the chief appraiser of said district. Estimated values, estimated abated values, and estimated base year values for the Improvements are listed in Exhibit "C". 6. Rollac 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 fight 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. R98-59~ the City will conduct at least one inspection aimually 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 Rollac written notice of such violation. For the purposes of this Agreement, Rollac shall have ten (10) days from the date of the notice to cure or remedy such violation. IfRollac fails or refuses to cure or remedy the violation within the ten (10) day period, Rollac is subject to the forfeiture, at the discretion of the City, of any fight to any tax abatement for a portion of the period or the entire period covered by this Agreement. 7. Rollac 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) Rollac 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) Rollac breaches any of the terms or conditions of this Agreement, then this Agreement shall be in default. In the event that Rollac defaults in its performance of(l), (2), or (3) above, then the City shall give Rollac written notice of such default, which notice shall be delivered by personal delivery or certified mail to: Walter Konrad, President, 10800 Blackhawk Boulevard, Houston, Texas 77089. IfRollac 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 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. R98-59. 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 Rollac only upon written permission by the City in accordance with Resolution R98-59, which pennission 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 Rollac, in performing its obligations hereunder, is acting independently, and the City assumes no responsibilities or liabilities in connection therewith to third parties. 14. ROLLAC 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 ROLLAC AND THE CITY AND SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. 4 15. It is understood and agreed by the City and Rollac that if the Premises has been designated and taxed as agricultural land pursuant to Chapter 23, Subchapter C, Tax Code, V.A.T.S., that this Agreement shall not be effective and no abatement granted until Rollac 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 22nd day of May, 2000, authorizing the City Manager to execute the Agreement on behalf of the City. 17. This Agreement is entered into by Rollac pursuant to authority granted by its President, Walter Konrad, on the t~ day of /1~ o ~ ~- ,20,~o . 18. This shall constitute a valid and binding Agreement between the City and Rollae when executed in accordance herewith. 19. This Agreement is performable in Brazoria County, Texas. 20. Rollac agrees and covenants to certify annually to the City, while this Agreement is in effect, that Rollac is in compliance with each applicable term of this Agreement. Witness our hands this Oq day of ,4~,~ , ~.oo . ATTEST: (jEity S~tary CITY OF PEARLAND City Manager APPROVED AS TO FORM: By: Dan'in M. Coker City Attorney ATTEST: pBny- :nted ~~'..~~ 3~_. Title: ~-~ ROLLAC SHUTTER OF TEXAS, 1NC. Wal'et~konrad President THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen R. Erwin, 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 ~0~-~ ¥ A.D., 2000. SEAL OF OFFICE THIS (~4~. DAY OF NOTARY P ~UBLIC, STA~E~F%EXAS PfintedName: ~[ .S~ 'b. Commission Expires: ~)/X. ! ]0 '~ THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned Notary Public, on this day personally appeared Walter Konrad, President of Rollac Shutter of Texas, 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 bt~ , A.D., 2000. ~~-~ T Y P~P~, 'STATE ;F,TE ~ ~~] STATE OF TE~S ~ PfintedN~e: ~r~c6~ ~ ¢O~ ~~= ~;~r~~ MyCo~ssionExpkes: ~-I%- ~o ov 7 A ;~.585 ACRE TRACT OF LAND BEING ALL OF LO1' ? OF THE H~ MASTER$ON SUBOIVIE;ION OF SEE:TI,ON 5 OF THE H. T. & B, RAILROAD cOMPANY SURVEY, AI;I~TRACT 237. BRAZORJA COUNTY, TEXAS. RECORDED IN VOLIJME 26. PAGE §, OF THE. DEED RECORI3$ OF BRAZORIA COUNTY, Tt~Y,,AG, AND A PORTION O~ A 40' WIDE DEDICATED ROAD 6OUTH OF LOT 7. CONTAINING 12..156.t~ SQ. FT. AND A PORTION OF LOT 7-112 CONTAINING 14.732,9 SO., FT. DJ:: I.~ND. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A 5t8' IRON ROD SET IN THE COMMON LINE OF LOT e AND LOT 7 OF AFORE~ID SUBDIVISION. MARKING THE NORTHEAST CORNER OF HEREIN. DESCRIBED TRACT. ALSO BE{NC iN THE WEST LINE OF A 10' 'ROA,(~ WlI~ENING STRIP ' DESCRIBED aY DEED RECORDED IN VOLUME 842, PAGE 40, OF THE DEED RECORDS OF EI~A.?.ORIA COUNTY'. TE.,V~9. FROM WHICH A CONCRETE MONUMENT FOUND MARKING THE NORTHEAST CORNER OF LOT ? AND SOUTHEAST CORNER OF LOT 8EAR9 $. 8g'Sa'48" E., 10.00'. THENCE S.I~'OI°20'E.-WITH THE WEST LINE OF SAID 10' WIDENING STRIP AT t208.3t' PASS THE SOUTH LINE OF LOT 7, AND AT 1335.9g' PA~S A 518' IRON ROD SET IN THE NORTHERLY LINE OF A 20' WIDE WATER AND SEWER EASEMENT RECORDED UNDER C,C,F. No. 9~.oO,14996 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY. TEXAS, CONTINUIN(~ FOR A TOTAL DISTANCE OF 1~57.6~" TO A POINT MARKING THE SOUTHEAST CORNER OF HEREIN DESCR~SED TRACT. aEING IN THE NORTHERLY LINE OF 40' WIDE COUNI~ ROAD 114 (ORANGE ST.) THENCE N. 66~11'53' W, WITH THE NORTHERLY LINE OF ~AID ORANGE STREET A DISTANCE OF 370.~,' TO AN ANGLE FO(NT ;N THE NORTHERLY LINE OF ORANGE STREET FOR CORNER, FROM WHICH A 510' IRON ROD SET IN AT AN ANGLE POINT IN THE NORTHERLY LiNE OF A 20' WATER AND SEWER EASEMENT RECORDED UNDER C.C.F. No. g~l-D11 [26, OFFICIAL RECORDS 'OF BR.,~.ORIA COUNTY. TEXAS, BEAR~ N. $1'54'28' E., 20.44', THENE:E N. 89'59'11' W. WITH THE NORI'H LINE OF ORANGE STREET AND 2O' SOUTH OF SAID WATER AND GLOWER ~,ASEMENT A DISTANC~ OF ?06.58' TO A POINT MARKING THE SOU't'HW~_ST CORHF_R OF H~REtN DESCRtBE~) TRACT, ALSO'~EING SOUTHEAST cORNER. DP THE LEI,La. RD R. WEST TR, ACT. RECORDED IN VOLUME i602, PAGE 652. OF THE DEED RECORDS OF BRAT_ORIA COUNTY. TEXAS. THENCE N, 00'0T2D' W. WITH THE COMMON LINE OF LOT'S ? AND 14 AND EAST LINE OF'. ,~AID WEST TF~CT AT ~0.00' PASS A §18' IRON ROD SET IN THE NORTH LINE OF ~ID :20' WIDE WATER AND SEWER EASEMENT, CONTINUING FOR A TOTAL DISTANCE OF 1208.41' TO A $t8' IRON ROD SET IN THE SOUTH LINE OF THE PLI INC, TRACT RECORDED IN VOLUME ~-~47, PAGE 83~t, OF THE OFFICIAL RECORDS OF BRAZORifl COUNT, TEXA~. MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED. AND COMMON CORNER OF LOT'S B. 7. ~4 AND 15. THENCE 8, 8g*$$'48' E, WITH THE COMMON LINE OF LOT 7 AND LOT 6 AND SOUTH UNE OF THE PM INC. TRACT.A DISTANCE OF 1045,,55' TO THE POINT OF BEGINNING OF _ HEREIN DESCRIBED TRACT, CONTAINING 2g,58§ ACRES OF LAND. SUBJECT TO O, 405 f,,// _ ~.~,,, Exhibit "B" IMPROVEMENTS The project will be the expansion of existing facilities for Rollac Shutter of Texas, Inc. The Company expects to have 50-65 employees on site during the period of the abatement, beginning with 50 employees in 2001. Tax abatement will be sought on all items allowed by law. The improvements are expected to cost approximately $2,900,000.00. Additional fixed equipment is expected to cost approximately $750,000.00. iVI R ZOO0 ;'~ :'"~,~,,r~'-r~ APPLICATION FOR T~ ~A~~ ~ ~ ~ OF P~ i ~XHIRIT 1 It h r~endM ~ ~s apportion ~ ~ at !~ 90 ~ prior to ~e[t ....... ~ ~n~on of the ~afion of ~uipm~t. ~e filing of ~ docent ~ '~" ~ f~~ =d ~ffo~ ~th ~de~ =d Cfit~a for ~g T~ A~ ~ ~ _ [. Re~v~mt Zone Cr~t~ ~ ~e C~ of P~=d (~eh~). PI~ red~ a~eh~ ~fore ex~g ~ app~on. ~ ~p~on ~ ~me pm of ~e ~mt =d =y ~o~y film repr~fiom ~ ~ ~o~ for ~e ~ to void ~e ~ment. Ofi~ ~py of ~s r~ue~ shoed ~ ~b~ to ~e Ciw M~, CiW of P~d, 3519 Lib~ ~ve, P~=d, T~ 77581. PI~ ~eh ~bRs WM~ spa~ is ~. APPLICANT INFORMATION Company Name ~-4?ll(xc- ~ao, t&tr Address i~0o %k~cic M~oic Conseetrdve years in business Corporation Partnership ( ) Application Date tt ~ Ii- 0~) Number of Cum~ Employees q 0 AnnualSales (~c 6{6, 000. oo Proprietorship ( ) PROJECI' INFORMATION Type of facility: (See Instructions) Manufacturing 90 Regional Service ( ) Reg. Distn'oution Center ( ) Reg. Entertainment Center ( ) Other Basic Industry ( ) Location address and description of area to be.ff~.y designated as reinvestment zone (attach map showing site and legal description): Description of eligible improvements (real property) to be constructed: Description of ineligible (taxable) oroperty to be included in project; The proposed reinvestment zone is located in: city County School District College District Other Taxing Jurisdictions Tax ID number Description of product or service to be provided (proposed use): Project Description: ATFACIt A STATEMENT explaining the general nature and extent of the project, descn'oing existing site and improvements; describe all proposed im.m-ovemeots 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 consideratio~ NEW PLANT ( ) EXPANSION ( ) MODERNIZATION ( ) ECONOMIC INFORMATION Ao Commencement Date: Construction Man Years: Completion Date: Peak Construction Jobs Construction Estimates B. Permanent Employment Estimates (FTE's) Current Employment ttO Current Annual Payroll I/ ~5~uc, tqm. o o Number ofjobs retained ( ~:o ) created ( at sta~o~ ~ o $ years into operation ~ ff IF MODERNIZATION: Estimated Economic Life of Plant Added Economic Life from Modemization' in year 2.00 in year ~ o b Veals Est. Salaries Co Other Estimated Taxes Generated by Projeet__ (1) Sales Taxes: 20 o t 2002 20~fib 20oq 20oq 200 ~ 20o~ (2) Other Taxes (Identify)' Do Estimated Appraised Value on Site Building & Fi,red Equil,. Bus. Personal Property & Inventory L Total of pre-existing value ~///~ (Jan 1, preoe~g abatemeat) ~qq:o00.~ 1I. Estimated value of NEW land added 3 t0~ ~ 0 0.00 Estimated value of NEW improvements Estimated value of NEW fixed equipment Estimated value of NEW personal property & inventory added Total of NEW value added (Total columns in S~. H above) 3to/¢oo. 0o 7 So. o oo.o~ 7. 50~ OOC. ~ p-gO, oc~'.O0 IlL Total value at end of Tax Abatement glO. coo ~,, IqS: 0o0 5 ~o0:o0o (Total Part I & ID ' TAX ABATEMENT REQUESTED % ofeli/p'ble prop~j for a term of years. (~) Requesting Staggered Tax Abatemem Terms VARIANCE Is the applicant seeking a variance under Section 3(0 of the Guidelines? If"YES" a/tach required supplementary informatio~ OTHER ABATEMENTS: Has company made application for abatement of this project by another taxing jurisdiction or nearby counties? ff "YES' provide dates of application, hearing dates, if held or scheduled, name of jurisdictions and contacts, and letters of intent. YES( ) YES( ) NO(/O COMPANY REPRESENTATIVE TO BE CONTACTED Title: ~¥~i Address: !0800 Telephone: ~ ~ Authoriz~l Co~y Off. al: PfintedName: klab¢~c M. g.o~'a.c1 Title: ¥ 1~ ApPlicants and projects must meet the requirements established by the City of Peafland Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone found in Resolution No. R98-59 (attached) in order to receive positive consideration. Section 2 of the Guidelines, for example, sets out regulations governing eligible facilities, eligible and ineligible improvements, terms and economic qualifications. Conformance with all sections, however, is required for eligib ty. APPLICANT INFORMATION The taxing unit may consider applicant financial capacity in determining whether to enter into an abatement agreement. Established companies for which public information is available, or the wholly owned businesses of such companies, should include with the application a copy of their latest annual report to stockholders. Other applicants and new companies should attach a statement showing, when the company was established, business references (name, contact and telephone nmnher of principal bank, accountant and attorney) and may be required to submit an audited finandal statement and business plan. PROJECT INFORMATION Only facilities listed in Section 2(a) of the Guidelines may receive abatement without applying for a variance. Check guideline definitions in Section 1 to see if project qualifies. If project is a Regional Entecminnumt Facility, Regional Service Facility, Regional Dism~on Center Fac~ity or Other Basic Industry, the application should include market studies, business plans, agreements or other materials demonstrating ~Jmt the facility is intended to serve a market the majority of which is outside of the City of Pearland region. ECONOMIC INFORMATION Permanent Employment Estimates - In estimating the permanent employment, include the total number of jobs retained or created at this site by your firm as well as known permanent jobs of service eontn~ors required for operation. Estimated Appraised Value on Site - The value as of January 1 immediately preceding abatement should be the value established by the Brazoria County Appraisal District. If the applicant must estimate value because the taxable value is not known or is combined with other properties under a single tax ~ecounL please so state. Projections of value should be a %est estimate' based on taxability in Texas. The projection of project values not abated should include personal property and ineligible project-related improvements such as office space in excess of that used for plant adrninistratio~ housing, etc. SAMPLE PROJECT DESCRIPTION The project will be the construction of a new manufacturing facility that w~l also include our sales the project will require the construction of a building of approximately 70,000 square feet at a cost of approximately $2.6-$2.8 nn'llion. It is anticipated that fixed manufacturing equipment Of approximately $1,500,000 will be included in the project. Tax abatement will be sought on all items allowed by law. SAMPLE TIME SCHEDULE September - Dec 31,2001 January 1 - Jan 30, 2002 February 1-February 28, 2002 March 1 - March 30, 2002 April 1-November 15, 2002 November 16 - December 25, 2002 December 30, 2002 Legal work, conceptual phase, contractor selection Wetlands study, 1 ~ phase architecture, soils engineering topographical mapping, detention pond engineering Architectural drawings, final enginoefing, permits and applications Bids and initial site work Construction Move-in, start up Completion 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 14. 15. DO NOT WRITE IN THIS AREA - FOR, PROCESSING PURPOSES ONLY EDC contact Precinct Jurisdictions notified / / Initial review completed __/ /__ Review circulated / / 1SD concm-rence? College concurrence? City concurrence? Letter of Intent / / Hearing noticed on agenda __/ /__ Public hearing /__/__ ISD action / / College action /__/__ City action /__/__ Agreement signed /__/__ Application For Tax Abatement In The City of Pearland ECONOMIC INI~OEVlATION Construction Estimates Commencement Date: Construction Mn-Years: Completion Date: Peak Construction Jobs: May 1, 2000 . ~6yun(8 months) l)cccmber 15, ~1000 60 to 75 TIM~ SCI~ULE September 1999- December 3 I, 1999 February 15- March 15, 2000 Marc3 15 - April 17, 2000 April 17- April 28, 2000 May 1, 2000 May 1 - D~mber 15, 2000 D~mber 15 - D~ber 3 I, 2000 Legal work, conceptual phase, contra~ sel~on, land purchase Soils ea~e~g a.d topographioal ~veY Desiga ~md Ea~eeriag Permit p~o~s Commence Construction Construction Period Move-in & gtartup Application For Tax Abatement In The City of Pearland PROJECT DESCRIPTION: The Facility is a new 10$,700.sq. R., 100% sprinkled, dock height, ~crete tilt.wall Office, Showroom, Manuf~ ad Warehouse Fac~. The facilR' y will also inc~d¢ sales, research and development, ~iga sad art, acco~ and exe~ o~. The Facilities prim~ fun~on is the sales, ma~uf~ V'myl and Hurri~e Shutters. The Project is being developed on approximmly 9-acres out of a 30.a~ track of land located on the northwest comer of Orange Road and Woody Strea, t~ria ~, Pear]and, Texas. Tho 10,500-squag foot Ottic~ Build-out includes 9,000-sq. fL of Of~ sp~, and a 3,000-sq, ft. Display Area. The Manufacturing and Warehouse Building is a 95,200-sq, R. 24.0. clear height structure which will house the g, ISl-sq. ft. Production Room for the Roll.Form and Ini~on Molding Equipment, tlg 4,510-sq. ft. Avaing PrOduction Room, Shntter assembly area a~d a 64.ft. span Top Punning 5-ton Bridge Crane. The Site Development includes a detention pond, underground utilities, reinforced concrm paving for parking and uuck staging, shipping and r~iving dock~, grade 1~I ramps, ADA entries, sidew~, curbs, ~d I.~ndscaping as required per the City of Pearland. The Project wail require me construcuoa o~ ~u~: aw,~ ,~,,..,~,.~.~,. ,, .... ~, -- - cgnstruction cost of approximately ~8~3 million, In addition, the Project will require a 120 to 150-ft. extension of Woody Road at an additional cost to be determined, The F~,~nee~n8 for Woody l~oad ~ould bc completed by and out for public bid by Iune 15, 2000. The Project will also include fLxcd mmufacturing equipment at an additional cost of approximately $_ .... Tax abatement will be sought on all items allowed EXHIBIT "D" .MANPOWER REPORT i, 0 iI , , certify that on ~ ~ i Rollac Shutter of Texas, Inc. ,20 OO there were of Rollac Shutter of Texas, INC., do ~ individuals employed full time at THE STATE OF TEXAS COUNTY OF H&~- Fi BEFORE ME, the undersigned .Notary Public, on this day personally appeared Yx.~o~Cer- ~P~ , ~oc~ccA~ of Rollac Shutter of Texas, 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 tree and correct. SUBSCRIBED AND SWORN TO BEFORE ME on the ~> [ day of 2.o00., to certify which witness my hand and official seal, TR~'~-A. sHULER ~ NOTARY PUBLIC STATE OI= TE~S NOTA, I(Y PUBL~',, STATE OF TEXAS Printed Name: My Commission Expires: ~ EXHIBIT "D" MANPOWER REPORT i, 10, dt . certify that on D*"-- ~ / Rollac Shutter of Texas, Inc. ,20 00 there were of Rollac Shutter of Texas, Inc., do 3,~' individuals employed full time at THE STATE OF TEXAS COUNTY OF ,~4o~wr-~ BEFORE ME, the undersigned Notary Public, on this day personallY appeared ~.,,~°'13c~r-. [t~ , ~/..c'~r-ox6[. of Rollac Shutter of Texas, 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 ~[ko.~/ 2o~o, to certify which witness my hand and official seal. Printed Name: "~e2~c ~q ~. My Commission Expires: ~- lO_-