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R2000-009 01-10-00RESOLUTION NO. R2000-9 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 TURBOCARE, INC. ("TURBOCARE") FOR PURPOSES OF ABATING THE INCREASED VALUE OF THE PROPERTY OWNED BY TURBOCARE AND LOCATED ON FELLOWS ROAD WITHIN THE CITY LIMITS OF PEARLAND AT A RATE OF ONE HUNDRED PERCENT (100%) FORA PERIOD OF THREE (3) YEARS BEGINNING JANUARY 1,2001, AND ENDING DECEMBER 31, 2003, AND AT A RATE OF EIGHTY PERCENT (80%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1,2004, AND ENDING DECEMBER 31, 2004, AND AT A RATE OF SIXTY PERCENT (60%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGIN NING JANUARY 1, 2005, AND ENDING DECEMBER 31, 2005, AND AT A RATE OF FORTY PERCENT (40%) ANNUALLY FOR A PERIOD OF ONE (1) YEAR BEGINNING JANUARY 1, 2006, AND ENDING DECEMBER 31, 2006, AND AT A RATE OF TWENTY PERCENT (20%) ANNUALLY FOR A PERIOD OF FOUR (4) YEARS BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2010; 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. 935, WHICH ESTABLISHED REINVESTMENT ZONE #8, 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 Turbocare, 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. 941, which established Reinvestment Zone #8, and the Guidelines and Criteria for Governing Reinvestment Zones and Tax Abatement Agreements set forth in Resolution No. R98-59. RESOLUTION NO. R2000-9 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, January APPROVED, A.D., 2000. AND ADOPTED this the 10th day of TOM REID MAYOR ATTEST: (_.,~/TY S EC;,~ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 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 TurboCare, Inc.,duly acting by and through James W. Williams, its General Manager ("TurboCare"). WITNESSETH: WHEREAS, on the 13' day of December, 1999, the City Council of the City of Pentland, Texas, passed Ordinance No. 941 establishing Reinvestment Zone//8 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 Pentland 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 hereinafier 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 subsiantial 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, I.H E REFQR_E: For and in consideration of the mutual agreements and obligations set forth below, the sufficiency of which is hereby acknowledged by the parties hereto, TurboCare 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 TurboCare's facility on the Premises, described in Exhibit "B" ("Improvements") will cost approximately Eight Million Two Hundred Thousand Dollars ($8,200,000.00) and is to be substantially complete on or about December 31, 2000; provided, that TurboCare shall have such additional time to complete the Improvements as may be required in the event of "fome majeure" if TurboCare is diligently and faithfully pursuing completion of the Improvements. For this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control o fTurboCare 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 TurboCare), 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. TurboCare 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. TurboCare 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, TurboCare shall thereafter, fi.om the date a Certificate of Occupancy is issued until the expiration of this Agreement, continuously operate and maintain the Premises as TurboCare, limiting the use of said Premises to that use which is consistent with the terms of this Agreement and the general propose of encouraging development or redevelopment of the Reinvestment Zone during the period that the property tax exemptions evidenced herein are in effect. 4. TurboCare agrees and covenants that the Improvements shall provide approximately 169 jobs during the beginning period of the abatement, beginning with 169 employees in 2001. Accordingly, TurboCare shall provide to the City annual manpower repons (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 invahdate this Agreement. Said abatement shall be an amount equal to one hundred percent (100%) of the taxes assessed upon the increased value of the Property and Improvements, annually for a period of three (3) years 2 beginning January 1, 2001, and ending December 31, 2003, and eighty percent (80%) of the taxes assessed upon the increased value of the Property and Improvements, annually for a period of one (1) year beginning January 1, 2004, and ending December 31,2004, and sixty percent (60%) of the taxes assessed upon the increased value of the Property and Improvements, and annually for a period of one (1) year beginning January 1, 2005, and ending December 3 i, 2005, and forty percent (40%) of the taxes assessed upon the increased value of the Property and Improvements, annually for a period of one (1) year beginning January 1, 2006, and ending December 31, 2006, and twenty percent (20%) of the taxes assessed upon the increased value of the Property and Improvements, and annually for a period of four (4) years beginning January 1, 2007, and ending December 31, 2010, 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 TurboCare to the chief appraisor of said district. Estimated values, estimated abated values, and estimated base year values for the Improvements are listed in Exhibit "C". 6. TurboCare 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. 1L08-59, 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 TurboCare written notice of such violation For the purposes of this Agreement, TurboCare shall have ten (10) days fi-om the date of the notice to cure or remedy such violation. IfTurboCare fails or refuses to cure or remedy the violation within the ten (10) day period, TurboCare 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. TurboCare 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 mis- leading 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) TurboCare 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) TurboCare breaches any of the terms or conditions of this Agreement, then this Agreement shall be in default. In the event that TurboCare defaults in its performance of(l), (2), or (3) above, then the City shall 3 give TurboCare written nOtice of such default, which notice shall be delivered by personal delivery or certified mail to: James W. Williams, General Manager, 5710 Ransom, Houston, Texas 77087. IfTurboCare 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 rote 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 oftbe 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 h~msferred or assigned by TurboCare only upon written permission by the City in accordance with Resolution R98-59, which permission shall not be unreasonably withheld. No assi~ment 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 TurboCare, in performing its obligations hereunder, is acting independently, and the City assumes no responsibilities or liabilities in connection therewith to third parties. 14. TURBOCARE RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS HARM- LESS 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, '*~q:IICH MAY ARISE AS A RESULT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION REFLECT THE EXPRESSED INTENTIONS OF TURBOCARE AND TIt~, CITY AND SHALL SURVIYE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. 4 15. It is understood and agreed by the City and TurboCare 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 TurboCare 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 22~ day of November, 1999, authorizing the City Manager to execute the Agreement on behalf of the City. 17. This Agreement is entered into by TurboCare pursuant to authority granted by its President, Don Clews, on the 29~ day of October, 1999, whereby General Manager, James W. Williams, was authorized to execute this Agreement on behalfofTurboCare. 18. This shall constitute a valid and binding Agreement between the City and TurboCare when executed in accordance herewith. 19. This Agreement is performable in Brazoria County, Texas. 20. TurboCare agrees and covenants to certify annually to the City, while this Agreement is in effect, that TurboCare is in compliance with each applicable term of this Agreement. Witnessourhandsthis~q~dayof '~,~,~,r~ , 20~b. ATTEST: APPROVED AS TO FORM: Darrin M. Coker City Attorney CITY OF PEAR.LAND City Manager 5 ATTEST: By: Y~/~' ~ ~.~Y~~ Printed Ndme~ha~y i~.-C/l~o~e -- Title: m~ Res~rees ~luistrator J~ W. Williams ?eral Manager THE STATE OF TEXAS COUNTY OF BRAZORJA 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 SEAL OF OFFICE THIS e,,~~ DAY OF '~ ~_~,.,~eu , A.D., 20~.  NOTARY Pb-B STATE OF TEXAS Printed Name: l~ '~" 'b.'-J-O~t$ Commission Expires: ~/~' ~l a ~ ~ J THE STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary P~blic, on this day personally appeared James W. Williams, General Manager, TufooCare,.~.,~own 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 proposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS January, , A.D., 20 00 . 18 DAY OF I~O~AR¥'PUBLIC, ST'ATE OF TEXAS Printed Name: }~ary ~a~.~ a~l~re My Commission Expires: l~ebruar~ 14, 2000 7 ~DDY A. GORlVLLY REC. i,VTC~,EO PtOFF,$SlONAL LAND S~.~'V'LrY04~ NO. tits sltuated hJ ~be F. B. Duke Survey, Abstnc( II$ I, l-bflb Coum% Texa~ sald 23.69 Km bein$ BEGINNING at o 3/4 ~ iron pipe lo,md for the sd~tbetlt ~ ora 2.8197 8c~ ~ ofhod coave)~d to Har~ Evu. s and ,~fe by deed recoflled in F'de Nunber NS3:S121 ofd~ hal I~ Records in the (MS~ Old"' COmty Clerk, Haflb Cimsst~ Texas. in the sold be of the 8to~sald 42.:3 t43 acre tract and the mmh Ib~ oft 147.642 ! a~e tract coeve)~d to C~my or Count'y, Texas, I~ng JocatKI Norris 89 de~. OI mit $7 sec. F.a~ a dlstaooe of733.96 L., from a ~'~ indt iroe ro~ fomd for ~he smfd~ c~me~ of saM 43.3143 ~r~ ~ ofhnd; THENC£ Noflh 0O deg. $3 mlu. 21 sec. West alc~& and wlth the en.~ b of said 2.8197 ~crc tract of land, a distance of I i 16.92 feet to 1 ½ inch iron rod set for the uo~hwest comer oftbe hereh desc~bed tract h the south ~;ht.~f. way be of Somh M Drive descfl~)d in F~ Number ~29128 in ~e O~Sce ofd~e Com~ry Cb:rk, Haflb Coum~, Te~us, beh)s thc uoflhet~ CO~D~ of said 2.8197 ac~ tract of land; THENCE Noflh 88 de~. 41 min. 2,t sec. East donS and wifJj th~ south f4fbt-oF-way Ibe of So~b Bdt ~ ~ clist~nce of 920.40 foet to a I I/4 inct iroe pipe m foF the oo~heast co~a oldie . be~eln descfl~ed t ruc~ in the e~s~ Goe of sald 43.3143 ac~ I~uc~ of b~d~ beiB~ the no(dpues~ com~ of ~ I 1.423 K~e t~ desCn~N~t h F'de Number'f21~924 iB die O~oe ofd~e Ce~m~/ ~ Hanls County, Te~ns; TT'4~NCE South 01 del 01 min. 03 sec. E~st, at $78.87 feet piss a 5/S inch iroo rod fomd for the sQuthw~st com~ ofsald I 1,423 ~cre ~ and the no~hw~st corner ofa 21 ac~ tFaCt deson'l~l in F'de Numb~ H273862 b ~bc Of~c of the County C3e~ Harris Corot% T~xa~. &nd continue fo~ a to(il dlstaocc of I IZ2.42 ~ to · 5/'& iuch irQe rod Found fo~ the soutbetst comc~ ofs~id 43.3143 icrc tract of'lAnd, the so~hwe~ corner oF ~nld 2 t acre trier ofhnd b the noflh he of the aforuaid 147.6431 ic~e tract; THENCE South 89 deg. 01 mb 5'; sec. West aJo~$ mM with the sogth line of said 43.3143 acre tract and the noflh 5n¢ of said 147.6431 ac~e tract. · (Futancc o(992.89 ~cct to thc FLACF.. OF BEGINND4G and coouio~g 23.69 ac~s of'land, beb~ the nme hod coev~ to ~ Cobb, Sr.. by deed recorded in F~c Numbs3 N533721 and NS3Y;24 ia the O{F~e of*he Couary Clerk, lVu: t ~r.~ ,dalai) BOUNDS WRi'i t t:z~ lvLA,.q, clt 9.:..'~'~ Freddy A. Gonnly P, egi~ered Professio~l Lnnd Surv~ No. 1918 SITE ASSESSMENT REPORT Street Map For ldo; InlomalJ~ Cai VISTA Inforraal~ So~u~,ons, Inc. at 1 - ~00 - 767 - 0403 Relxxl ID: UN9~1~322 Date of Report: Decembe~ 3, 1998 q Exhibit "B" IMPROVEMENTS The project will be the construction of a new facility for TurboCare. The cost of the 125,000 sq. ii. building is projected to be $8.2 million. There will be $1.425 million of fixed equipment on the property, also eligible for abatement. Tax abatement will be sought on all items allowed by law. The current employmem is 169 jobs and the company expects to have 244 jobs by the year 2005. t~i,: sppl~o~. This application ~ become pan of the agrc~mnt and any !m~wingly r~x~ions will be ~,~onds for the C~ to void the aarcem=~ O~inal copy of this ~tuest should be submitted to the City Manager, ~ of Pear~_ ,-4. 3519 ~ Drive, l'ear~. Texas 77581. ?tca~e anach~ifadditional space is needed- .== APPLICANT INFO~TION Application Date 10/29/99 Company Nan~ ~rboCare Nmmt, e~_ of~ ~:ml21oyees 169 $710 Ransom Street Houston, Z~TM 77087 Cor~ord~on (=) ~ ( ) Sales PROJECT IN'FORMATION Type of facile. C~ee ( ) ·() P~s.E~n~Ce~ ( ) Location ~ and de~,~i¥llon of area to be 2900 ~'ellov$ Road d~';~m~tcd as ~vcstmfmt zol~ (BeJ. L'u~ay 8 R~ 288) D~tion ofeligFole improvements (re~l property) to be constm:ted: Att~cl~nt Descrlp~ of~neHg~l~ (t--*h~e) la~pen'y to be inc~__~_ _ in proje~ lnclud~ Hxed F. quipmenc ttcacbnent Pear!n~4 Houston Inde~enden~ Houston Co-~unit=y Tax 133 nu~he~- 04700~ QQQ 0038 Descr~tion ofproduct or service to be provided (proposed use): ~.t~actanent ATTACH A STATEMENT exphhh~S the gem~al nature and extent of the project, descrt~ing exists site ~4 improw, meut~, descn'be an proposed ' .n~m~ and provide list of 'LANT -CO O C nVFOP. Ie TION EXPANSION ( ) MODERNIZATION ( ) Commencement Date: 0t/t~/OO Con.t, oction Man Ye~,~:35 Peak Construction Sobs tOO Exis~ PhnI: Added F~owm~ Li~ ~om ~n: Years B. Permanent En~_ lovment Esrkn~es fFFE'sl Current Fm?loyme~t 169 Cra-rent Annul Paywn $8,000,000 Number of. jobs ~ ( 169 ) created ( si start/openin $ ye~s ~o operation 244 ) hyear hy~ O0 O5 Oct. I Local ,19 ~p 9o ,19 ~9 14 ,19 9~ 6} Trans~ Total Salat~f Exes~t Est. Sz~ - $2~ / n~. $~o - ~8st/~. Co (1) Sales Taxes: 19 :$ 19 :$ 19 :$ 19 :$ 19 :$ 19 :$ 19 :$ 19 :$ 19 :$ 19 . :$ D. Estimated _A~o_~ Value on value ofsite as of.laauary I Personal !reprove. Property merits ~ecl value ofimlig~le prope~ Est;m~ted value ofelJg~le Estimated value of abated propo'ties $6,850.000 Value upon completion of project unprov~m~ents not subj~ to abatement $8,275,000 TAX ABATEMENT REQUESTED % of eligible property for a t~,,a of ( ) P.~ues~g Sta~! Tax Abatem~ T~ms VARIANCE Is the appllca~ seet4.g a variance ,,,,a~ S~'tion 3(0 ofthe C-uidelims? YES (x) If"YES" attach requirod supplememary informatlo~. OTl-ll~ ABAS: Has company made application jugsdictlon or marby cOuntlcz? YES (x) If"YES" provide da~es ofapplkafio~, l~arin8 dates, if bela or scheduled, ,~ of'prbdkfions and comacts, ~n,t letter~ of latent. No( ) NO() 237~340 237,340 COMPANY REPRESENTATIVE TO BE CONTACTED Janes ~. V~lli~ms ~ner~! ~na~er ~710 l~n~o~ Street l~ouston. Texas 77087 713-336-1~02 October 29, 1999 APPLICATION FOR TAX ABATEMENT Cit7 of Pearland I. Introduction of the Company a) Who we are? TmboC. are is a division ofDemag DeJaval Turbomachine~ Corporation and a Pan of the Mannesmann Corporation, a global 100 Company and e global supplle~ of pans and services for tmbomachiaery. b) What we do? Operating to ISO 9001 standa,-ds, TutboCare is committed to providing parts and sa~'ica~ of uncompcomising quality for Centrifugal Compresso~ ~ Compressork Hot Gas Expanders, pure?s, Gas Turbines and Steam Tmbines of virtually every size and desi~. c) Where we do it7 TurboCare has Texas operations I~ 5710 Ransom SL in Houston and 7104 Bis.~] Rd. ia ManveL In addition, TutboCare operates manufacturing and repair facilities ia Nor~ America including Manchester, Cooa.; Jacksoaville, FL; Penis, CA and Chicopee, Mass., which is aL~o our division heedquaners. d) Who-, and where did we start? The Houston Operalion was established ia' 1961 as AHU Co. The busiae~ was acquired by Delaval ia 1968 and renamed Deltex. In 1995 ' Manle~naon acquired Tu~boCare and Delaval. TudaoCare has a rich histo~ of experience ia all facets of the mtbomachiae~y market. e) SLate of iacorporatioa? TutboCare is a division of Demag Delaval Tut'oomachinery Coq)., which is incorporated ia the state of Delawsre. (SIC Code - 3511 02) 0 Of~ce~s ia the compaay: The principle officers of Demag Delaval Tuzboma~hinery Coq). are: Dr. Deiter Lemiesz - ~an of the Board Mr. Donald Clews P~esident, Tud~oCare Division Mr. Donal Mainney P~esident, Compressor and Turbine Division Mr. Rolf Brandenburg Executive Vice President g) Provide a copy of annual report/submission to Dunn and gradstreet: TurboCare is a division of Demag Delaval Turbomachinet~ Corp. (DDC) which is a wholly owned subskliary of Manne~nann Corporation (MC) in New York. Mannesmann Corporation is ultimately owned by Mannesmann AG, Dusseldorf, Germany. Maanesmann Coq~ralion is the boldin$ company for Manae~mann Group comp~mias ia the United States. The D&B # - 03-781-~261 and the Tax ID # ~ 13-29631 ! 9. Bank Reference - Duteche Bank 31 West St. New YotlL New York 10019. Contact: Mr. Schrkkel, VP (212) 474-813 t I1. Reasons for seeking Abatement: As a global supplier ofpas~ and services ~o the utility and industrial markets; TutboCare must contiauou~/strive to produce quality pans and services at the best price to its customers. In an ongoing eff~t to minimize operating cnsts, Tmtx~are ha~ identified several aseas within its operations to further reduce operating costs. Among them are the consolidations of its Houston and Manvel operations Into a sIngle efficient facility under one roof. Among the fixed operating cos~ considered during the site selection process is the high cost of prope~y taxes. When comparing the estim-t~_ cost of property taxes levied in neighboring m'e. as within Branoria and Harris County, the City of Peatland is not as economically competitive. T~ believes that the City of Pearland's inve~nent ia abatement and gran~ together with TurboCa~'s commitment to Invest ia a new plant and operation, will c~:e approximately 200 new full time jobs in Peatland. Furthermore, Pearland will benefit from the economic developme~ created by the cons~uction of this project IlL Description of the Project: a). Fact3 about the proposed site: The proposed site is I _~__~_ at 2900 Fellows Rd. This is south ofbeltway 8 and east of Highway 288. The pared that we m'e proposing to ¢onsmaa on is appm-!mately 23 Closing on the property was contingent upon the successful receipt *fa Harris County AhatemenL Site Selectioa requirements were met and the purchase price was $930,000. The final approval of the ~on Budget is now contingent upon financial analysis. Pcadaud City Tax Abatement and grants ave now pact of tlat analysis. b.) Type and value of proposed improvements: This project is both an expansion and a consolidation of the Houston and Manvel facilities. If the proposed s~te in Penrlend is selected, then a facility of approx. 12~,000 sq. fl. of monufactufinS and office space and 00,000 sq. ~ parking will be consu~cted as Phase I. Future growth would be easily accommodated via I_ater expansion. · The cost of building construction is presently budgeted for $8,200,000 subject to final design and bid packages. The censU'uction is anticipated to require the subcontract of approximately 100 workers during peak consm,~ion and is anticipated to be completed approximately 12 months after purchase of property. The physical move of the Houston operations should begin so~n after constroction is completed and is expected m take approximately 3-4 months. ThL~ will require relocation of the existing equipment from Houston including the HighSpeed Balance Facility. This facility is one of only a few in the counn'y and will continue m bring a great deal of business into our region. c). Project time - line construction start and end date: Upon receipt of abatemenk TurboCare intends to move forward with seeking Board approval of plato for specific development and constrdction. The proposed Conseuction and Relocation ghedule would be as follow:. · Submit Plans · Complete Design and A/E · Comr~ctor Bid Award · Relocation Upon Receip~ of~hte~ent 1 - 2 months after pu~.hase I- 4 months afar purchase 9-12 months ~om start Overlap with completion (approx. 3-4 Months) d.) Environmental Impact information: A Phase I environmental site a.~essment was pe~form of the proposed site. There were no issues or findings noted. The relocation of the Houston and the Manvel operations will not have an adverse environmental impact on this site. TurboCate will continue m meet and comply with any local, state and fede~l onvironmenta] requirements. TurboC. are is cur~n~y classified as a Iow yield producer. PrelLmina~ inve*~tigntious have noted no evidence that a facility of this natu~ would adveraely impact any environmental quality of the proposed site. IV. Jobs a.) Current Level of Employmei:t: As of March 23, 19~9, TutboCare Operations in Texas employee bo.se was 169. b.) Projected Job Crestfon: TurboCare andc~-~ tha~ upon completion of thc consolidation and business growth, addition 7~ new jobs w~l be required by the year 2003. c.) Projected Construction Jobs:. TmboCa~ will enter into an agreement with a contractor who will utilize additional subcomrdcwr3 to complete the new facility. It has been estimated dur~n~ the peak per,ods ot'conseuct~on tbe~ will be approximately 100 employees needed and an overdll estimate ot'35 man-years will be expended on ~he conseuction. d.) Current Payroll: TurboCare',Texas opemions had 1998 ~'oss federal taxable wages in excess of' Exhibit "D' MANPOWER REPORT I, Ja~es V. Vill~,s , General. I~n~eer of TurboCar¢, do certify that on 200o there were .1.62_ individuals employed full time at TurboCare, ¢t..edName: .la=es ~. General Date: January la, 2000 THE STATE OF TEXAS COUNTY OF aarris BEFORE ME, the undersigned Notary Public, on this,2d~a~, personally appeared James ~I. ~tl'l-lm=s , General l~:=.~er ofTurboCare,~Y, beingbyr~edulyswom 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 Iv[E on the lt~ day of January 2000 , to certify which witness my hand and official seal.