R96-61 12-17-96RESOLUTION NO. R96-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, REPEALING RESOLUTION NO. R96-46 AND RESCINDING THE
TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PEARLAND
AND KEMLON PRODUCTS & DEVELOPMENT CO./WHK FAMILY
INTERESTS PARTNERSHIP LTD., AS THESE MAY HAVE BEEN FROM
TIME TO TIME AMENDED; HAVING A REPEALER CLAUSE AND A
SAVINGS CLAUSE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Resolution No. R96-46, as it may have been from time to time
amended, is hereby repealed in its entirety.
Section 2. That the tax abatement agreement between the City and KernIon
Products & Development Co./WHK Family Interests Partnership Ltd. ("KernIon"), a
copy of which is attached hereto and incorporated herein by reference as Exhibit"A",
is hereby rescinded pursuant to Kemlon's request as set forth in Exhibit "B".
Section 3. Repealer. All resolutions and parts of resolutions in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under these instruments and amendments thereto shall be and are preserved
for the benefit of the City.
PASSED, APPROVED and
ADOPTED this the ///~ day of
TOM REID
MAYOR
RESOLUTION NO. R96-61
ATTEST:
YOL~N~A C. BENITEZ
CITY SECRETARY
APPR/~ED AS TO FORM:
_LOUGH (.~
2
Exhib it "A"
THE STATE OF TEXAS
COUNTIES OF BRAZORIA
AND HARRIS
TAX ABATEMENT AGRE~M~.NT
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 and Harris
Counties, Texas, duly acting by and through its City Manager ('City'), and Kemlon Products
& Development Co., duly acting by and through its Vice President, Russell Ring, and
WttK Family Interests Parmership Ltd., duly acting by and through its ~~ent,
John Ring ('Kemlon').
_W_XTN .S S TH:
? ':'-:: .....,...~ , :.- ? -
"i-'-'. WHEREAS, on the 9th day of September, 1996, the City Council of the City of
Pearland, Texas, passed Ordinance No. 743 establishing a Reinvestment Zone in the City of
Pearland, Texas, for commercial/industrial tax abatement, as authorized by Chapter 312,
Tax Code, V.A.T.S. as amended ("Code"); and
WHEREAS, the City has adopted Resolution No. R96-12, which established appropriate
guidelines a nd.,~riteria for governing reinvestment zones and tax .abatement agreements _to be
~,~r~.:ed.. :.'into by- .thei:City as contemplated by the Code; and . .. · - .....~..:. .......
'ie9o.. n~)~. mi.ci<...~..~.."employment base. or the Pearland area forthe long term interest and benefit :of. the
City, in. acco!~dance.~ with Resolution No. R96-12 and the Code; and
": :V~AEREAS, the contemplated use of the Premises, as hereinafter defined," the
conte.mp~.ted !mErov. ements to the Premises in the amount as ~et forth in this Agreement and the
other terms' . hereof are consistent with encouraging development of said Reinvestment Zone in
i~,-the,lguideF.me~. and criteria adopted by the City and all applicable law; and
WHEREAS, the Improvements as defined below constitute a major investment within the
Reinves..tment:Zone. that will substantially increase.tbe..appraised value of. property_within. the
zoned.and "will "contribute to the retention or expansion of primary and secondary ·employment
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 one hundred
percent (100%) of the taxes assessed upon the increased value of the Property and
Improvements, in accordance with the terms of this Agreement and all applicable state and local
regulations for a construction period of one year to begin January 1, 1997, and ending
December 31, 1997, and at a rate of fifty percent (50%) annually for a period of seven (7) years
beginning January 1, 1998, and ending December 31, 2004. 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
Kendon 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' ('Estimated Values").
6. Kendon 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. R96-12, 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
Kendon written notice of such violation. For the purposes of this Agreement, Kendon shall have
ten (10) days from the date of the notice to cure or remedy such violation. If Kendon fails or
refuses to cure or remedy the violation within the ten (10) day period, Kendon 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. Kendon agrees and covenants that the information provided in the attached
Application for Tax Abatement (Exhibit 'D") 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 poss~!e 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) Kendon 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 laxes; or
O) Kendon breaches any of the terms or conditions of this Agreement, then this Agreement shall
be in default. In the event that Kemlon defaults in its performance of (1), (2), or (3) above,
then the City shall give Kendon written notice of such default, which notice shall be delivered
by personal delivery or certified mail to: Russell Ring, Vice President, P.O. Box 14666,
3
1:5. It is understood and agreed by the City and Kemlon 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 KernIon 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. co~fl
16. This Agreement was authorized by Resolution of the City Council at its
meeting on the 9th day of September, 1996, authorizing the ~ to execute -~e~ment
on behalf of the City. C'~,olAa~ t'
17. This Agreement is entered into by Kemlon pursuant to authority granted by its
Vice President on the ,.RI3 day of ~. ~._~ ~ , 19_~, whereby the Vice President was
authorized to execute this Agreement on ~half of itemIon.
18. This shall constitute a valid and binding Agreement between the City and Kemlon
when executed in accordance herewith.
19. This Agreement is performable in Brazoria County, Texas.
~ 20. Kemlon agrees and covenants to certify annually to the City, while this Agreement
is in effect, that KernIon is in compliance with each applicable term of this Agreement.
Wireess our hands this }~),tc day of c~ e.~.~r' , 19 t]~ .
CITY OF PEARLAND
Paul Grohman
City Manager
ATFEST:
By ~,
nitez
APPROV~ TO FORM:
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND BRAZORIA §
This instrument was acknowledged before me on August 30, 1996, by Russell Ring,
Vice President of Kemlon Products & Development Co., a Texas corporation, on behalf of said
corporation.
NOTARY p~~UB~~LL/~
STATE OF TEXAS
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND BRAZORIA §
This instrmnent was acknowledged before me on August 30, 1996, by John Ring,
President of WHK Family Interests Parmership Ltd., a family limited partnership, on behalf of
said partnership.
NOTARY
STATE OF TEXAS
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND BRAZORIA §
This ins .trument was acknowledged before me on S(~ ~-~v,.~00.~ ~ml~1996, by
Paul Grohman, City Manager of the City of Pearland, Texas, a' Texas home ~ municipal
corporation, on behalf of said corporation.
N{~TAR~IC
STATE OF TEXAS
7
Exhibit "B"
K!~MLON PRODUCI$ & DEVELOPMENt CO.
EOC
December 11, i996
Dear John,
The Commi.~.~icmers o~' Rrazorla County reeendy rejected our abatement request. In my
di.~ussion$ With you and the Mayor, it became obvious that we would need to rework
betix t_he cky o~:' Pearland and Brazeflu Cotmty applleatlon~,
'fi is my o.d,~t'ala.dh~8 thai we will reapply to both political entities aQer Impusry l,
requesting a S0% tax abatement ~om betIx For a ~ (7) year period be$innin8 $amla~
I, !0OR. %i~ll have almo~ the n~ effe~ and ~oul~ avoid the probleu we
ex~e~enc~ In ~razo~a ~nun~.
IPthi~ Is your understan~ng, plea~ a~cept ~ls le~er a~ autKofity to reque,~ the Ci~
Pearland to reseed [he p~or tax abatement and r~!aee {t ~th one ~ollox~u$
outli~ted ubuve.
Sincerely :yours,
C-J-Sob. ~!. e.t.g, V~
EXHIBIT "B"
IMPROVF. MF. NTS
The proposed facility .will probably consist of two primary su-uctures, Building A and
Building B. The purpose of the facility is to manufacture hostile environment electrical
connectors. Building A will probably contain approximately 10,000 square feet and is expected
to be a two story brick office building. Building B will probably be a metallic building
containing approximately 35,000 square feet and be used for manufacturing. The facility will
include parking. spaces to accommodate approximately 150-160 employees.
APPLICATION FOR TAX ABATEMENT IN THE CITY OF PEARLAND
This application should be filed at least 90 days prior to the beginning of 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 City Manager, City of Pearland, 3519 Liberty Drive, Pearland,
Texas 77581. Please attach exhibits if additional space is needed.
APPLICANT INFORMATION
Date Auglt~t I. 1996
Company Name KernIon Product~ & F)evelopment
Co. &. WHK F~mib' Interest~ l.td.
Address 6310 Sidney St. PO Pox 14666
Houston, TX T72~.91
Corporation ( ) Partnership O0
PROJECT INFO~TION
Number of Employees _150 est. ......
Annual Sales $10.000.000
Proprietorship ( )
Type of facility:
(See Instructions)
Manufacturing
Regional Service
Reg. Distribution Center ( )
Peg.-Entertainment Center( )
Other Basic Industry ( )
Location address and description of area to be
designated as reinvestment zone
(attach map showing site and legal description):
ATTACHED I.~GAL
DESCRHrrION
Description of eligible improvements (real property) ..
to be constructed: Manufacturing faelilty with manufacturing equipment.
Description of ineligible (taxable) property to bc includcd in project: Inventory, Land
The proposed reinvestment zone is located in:
City
County
School District
Other Taxing Jurisdictions
Pe~rlnnd
Rrn~,oria
P~r!and I.R.FL
.... Rrmorin ~..o. !')rninage District #4
Description of product or service to be provided (proposed use):
Hostile environment electrical connectors
D. E,~timated kp.0r~ined Val.e on Site
Personal
Propcrt~
Estimated value of site as of January l
immediately preceding abatement
0
agreement ,
Current estimated value 0
Estimated value of ineligible property N/A
Estimated value of eligible improvements $1.5 mil
Estimated value of abated properties after
abatement expires $1.5 rail
Value upon completion of project
personal property and project
improvements not subject to abatement
$150.000
TAX ABATEMENT REQUESTED
_1~._.% of elig~le property for year 1.
50 % of elig~le property for year 2 through year 8.
Improve-
0
0.
N/A
$2.0 mil
'0
$3).0,000
$320.000
$3'~0.000
N/A
$320,000
VARIANCE
Is the applicant seeking a variance under Section 3(0
of the Guidelines?
If "YES" attach required supplementary information.
OTHER ABATEMENTS: Has company. mna_e application
for abatement of this project by another taxing
jurisdiction or nearby counties?
If "YES" provide date~ of application, hearing dates,.
if held or scheduled, name of jurisdictions and
contacts, and letters of intent.
YEs()
YES()
O0
(X)
COMPANY REPRESENTATIVE TO BE CONTACTED
Name:
Title:
Address:
Telephone:
Russell Ring
Vice President
PO Pox 14666
Houston, Texa~ 77991
713-747-5000
Authorized Company Official:
Printed Name: R.~,.ell Ring
Title: Eice_Eresident
EXHIBIT "E"
MANPOWFR RFPORT
& Development Co. ('KernIon"), do certify that on
individuals employed full time at Kcmlon.
of KernIon Products
,19 there were
Prin~!Name:
T~IC:
Date:
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, of KernIon Products & Development Co.,
being by me duly sworn on his/her oath d~ 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
1996, to certify which witness my hrmd and official seal.
~day of
NOTARY PUBLIC, STATE OF TEXAS
Prin~d Name:
My Commission Expires:
FILED FOR RECORD ~ "
960CT-8 AH 9:33 ~ , _-.~. ,. .
LoOLL%Sm~,.a'~.."'.~ v ,~v. ,,,,,,~'"~'~
COUNTY CLERK ~ ,~~ ~ -~
~RAZORIA COUNTY, TE~A~ , ~,.