R-2012-048-2012-04-09RESOLUTION NO. R2012-48
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 REF -CHEM, L. P.
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 Ref -Chem, L. P., a copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Tax Abatement Agreement with Ref -Chem, L. P.
PASSED, APPROVED and ADOPTED this the 9th day of April, A.D., 2012.
ATTEST:
APPROVED AS TO FORM:
4-,___:,____ C.,xe-----,
DARRIN M. COKER
CITY ATTORNEY
_.......
TOM REID
MAYOR
THE STATE OF TEXAS
Exhibit "A"
Resolution No. R2012-48
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
("the City"), and Ref -Chem, L.P., a Texas corporation ("the Company"), duly acting by
and through Harvey J. Page its Chairman of the Board.
WITNESSETH:
WHEREAS, on the 26th day of March, 2012 the City Council of the City passed
Ordinance No. 1461 establishing Reinvestment Zone #22 in the City for general
business tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. as
amended ("Code"); and
WHEREAS, the City previously adopted Resolution No. R2011-12, establishing
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. R2011-12 and the
Code; and
WHEREAS, the contemplated use of the Premises, as hereinafter defined, and
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 R2011-12 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
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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; and,
WHEREAS, but for the benefits provided through this Tax Abatement Agreement
the Improvements as defined below would not be made in the City; and
WHEREAS, the Company has declared that it will be the sole beneficiary of the
benefits provided through this Tax Abatement Agreement and that the Company will not
share any portion of the proceeds of the benefits received through this Tax Abatement
Agreement with any other party as compensation or award for consulting or other
services received by the Company contingent upon the successful execution of this
agreement;
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, the Company and City mutually agree as follows:
1. PREMISES: The property subject to this Agreement shall be only that
property described by metes and bounds and map attached hereto as Exhibit "A" (the
"Premises").
2. CONFLICT OF INTEREST: 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, other governmental bodies or employees approving, or
having responsibility for the approval of, this Agreement.
3. ABATEMENT: 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 Premises and Improvements only as defined
herein and otherwise owed to the City shall be abated. The City hereby acknowledges
that it is not aware of any terms or conditions of any outstanding bonds which would
invalidate this Agreement or would conflict with the provisions of this Agreement. This
Agreement shall be effective with the January 151 valuation date immediately following
the date of execution of this Agreement (the "Effective Date"). In each year that this
Agreement is in effect, the amount of abatement shall be an amount equal to the
percentage indicated below of the taxes assessed upon the increased value of the
Premises due to the Improvements defined herein, exclusive of future or other capital
investment made at the Premises not contemplated herein, over the market value as of
January 1st in the year in which this Agreement is executed. The abatement as herein
provided shall be twenty-five percent (25%) of the taxes assessed upon the increased
value of the Fixed Machinery and Equipment and Fixed Improvements set forth below
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exclusive of future or other capital investment made at the premises, annually for a
period of seven (7) years beginning January 1, 2014 and ending December 31, 2021.
4. FUNDING CONDITIONS: The Company must meet all of the following
abatement Capital Improvement and Job Creation conditions ("Funding Conditions"), or
Company shall be subject to liquidated damages and/or repayment of abated taxes in
accordance with this Agreement:
a. Capital Improvements: The Company shall construct various
improvements on the Premises, which when complete shall have a
minimum investment value of four million five hundred thousand
($4,500,000) for the real property and/or improvements ("Fixed
Improvements") and one million five hundred thousand ($1,500,000) in
other "Ineligible Property" which shall be substantially complete on or
before April 1, 2013 (the "Improvement Completion Date"); provided, that
the Company shall have such additional time to complete the
Improvements as may be required in the event of "force majeure" (as set
forth herein) if the Company is diligently and faithfully pursuing completion
of the Improvements. The date of completion of the Improvements shall be
defined as the date a Final Certificate of Occupancy is issued by the City.
b. Job Creation: The Company shall create a total of 85 "Employment
Positions" by April 1, 2013
Company shall demonstrate compliance with this Section by maintaining a
minimum of ninety percent (90%) or more of the required Employment
Positions at the Premises for the entire duration of this Agreement.
Employment Positions, for purposes of this Agreement, shall only be
counted if the number of Employment Positions is greater than the total
number of Employment Positions located at the Company's operations in
the City at the time this Agreement is executed (the "Threshold"). The
parties agree that for purposes of this Agreement, the Threshold shall be
zero because no Employment Positions existed in the City prior to
execution of this Agreement.
c. Employment Positions. For the purposes of this Agreement,
"Employment Positions" shall be defined as the Company's jobs meeting
all of the following criteria:
1) New full-time employment positions (at (east 2000
hours annually) in the City that are located at the
Premises' ; and
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2) The Employment Positions must have an average
annual gross compensation of at least $90,000.00 per
year (excluding benefits); and
3) Medical benefits must be made available for each
Employment Position.
5. APPLICATION FOR TAX ABATMENT: The Company agrees and
covenants that the information provided in the Application for Tax Abatement attached
hereto as Exhibit "B" is true and correct and that any materially false or misleading
information provided to applicable taxing jurisdictions shall be an event of default and
grounds for termination of this Agreement.
6. GOOD FAITH, COMPLIANCE AND CONSIDERATION: The Company
agrees and covenants that it will diligently and faithfully, in a good and workmanlike
manner, pursue completion of the Improvements as a good and valuable consideration
of this Agreement. The Company further covenants and agrees that all construction of
the Improvements will be in accordance with all applicable federal, state and local laws
and regulations or valid waiver thereof. In further consideration, the Company shall
thereafter, from the date a Final Certificate of Occupancy is issued until the expiration of
this Agreement, continuously operate and maintain the Premises and limit 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 this Agreement is in effect.
7. ANNUAL COMPLIANCE VERIFICATIONS: No later than 60 days after
December 31, 2014, and continuing every year thereafter through 2021, the Company
shall deliver to the City an Annual Compliance Verification, in the form of Exhibit "C"
attached hereto, signed by a duly authorized representative of the Company certifying
the following information:
a. the number Employment Positions created and maintained by the
Company on the Premises, the general description the Employment
Positions existing as of December 31st of the preceding year and the
wage information for all Employment Positions; and
b. the appraised value, as determined by the Central Appraisal District, of the
Improvements as defined herein, supporting evidence that the
Improvements were constructed or installed on or before the
Improvements Completion Date and a general description of the
Improvements existing as of December 31st of the preceding year
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There shall be a total of seven (7) Annual Compliance Verifications submitted to the City
in years 2014 through 2021. Each Annual Compliance Verification shall include specific
back-up information supporting the Employment Position data. This will include the
Annual Employment Compliance Verification Detail and also include quarterly IRS 941
returns, or Texas Workforce Commission Employer Quarterly Reports. This data will
only be permitted to be reviewed by City at the Company's offices and City shall not
retain a copy of any specific wage or social security information. Furthermore, all
Annual Improvement Compliance Verifications shall consist of a certified copy of the
appraised value of the Improvements as shown by the Central Appraisal District
supported by all correspondence, renditions, appeals or contests and settlement of
appraised value and shall provide appropriate back-up data for the Improvements
exclusive of other investments made at the Premises.
8. CERTIFICATION OF GOOD STANDING/DELINQUENT TAXES: By
execution of this Agreement, the Company certifies that the company is in good
standing under the laws of the State in which it was formed or organized, and has
provided the City evidence of such. In addition, the Company certifies that the company
owes no delinquent taxes to any taxing unit of the State of Texas, the City or any other
local tax levying political subdivision with jurisdiction to levy taxes in or on the
operations and property of the Company at the Premises.
9. CERTIFICATION RELATING TO UNDOCUMENTED WORKERS: By
execution of this Agreement, the Company, including any business, branch, division,
and department of the Company, certifies that it does not and will not knowingly employ
an undocumented worker (as defined by Texas Government Code Section
2264.001(4)). If after any abatement of taxes under the Agreement, the Company, or a
business, branch, division, or department of the Company, is convicted of a violation
under 8 U.S.C. Section 1324a(f), the Company shall repay the amount of any funds
disbursed plus interest at the rate of 8% per year. The repayment shall be due and
owing not later than the 120th day after the date of the conviction without the
requirement of notice from the City.
10. ACCESS TO PREMISES: The Company further agrees that the City, its
agents and employees shall have the right to enter upon the Premises at any
reasonable time with 24 hour advance notice 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. The City may conduct at least one
inspection annually to ensure compliance with the guidelines contained in Resolution
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No. R2011-12. 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 the Company written notice of such violation. For the purposes of this
Agreement, the Company shall have ten (10) days from the date of the notice to cure or
remedy such violation. If the Company refuses to cure or remedy the violation within
the ten (10) day period, the Company 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.
11. LIQUIDATED DAMAGES:
a. Funding Condition Targets. As set forth above, during the term
of this Agreement through 2021, the Company shall deliver to the City an
Annual Compliance Verification demonstrating compliance with the
Funding Conditions of this Agreement for the preceding year. If the
Company fails to timely provide an Annual Compliance Verification or
provides an Annual Compliance Verification that demonstrates Company
failed to meet a Funding Condition target(s) for that year, then the City
may, at its sole discretion and in addition to all other remedies for the
recapture of lost tax revenue provided herein, require the Company to pay
liquidated damages up to the amount of the abatement received for the
year in which the Company did not meet the Funding Conditions.
b. General Provisions Related to Liquidated Damages: Liquidated
damages provided for herein shall be construed in accordance with
Section 312.205, Tax Code, V.A.T.S., as amended, and shall include 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) and shall become a debt to the City and shall be due,
owing and paid to the City as liquidated damages subject to the expiration
of any cure period or the termination date, whichever is applicable. The
City shall retain 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. R2011-
12.
12. DEFAULTS AND REMEDIES:
a. Each of the following acts or omissions of the Company or
occurrences shall constitute an act of default under this agreement:
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1) The Company fails to meet the Capital Improvements
Funding Conditions by the Improvement Completion Date.
2) The Company fails to provide or submit Annual Compliance
Verification Report(s) as required by this Agreement.
3) The Company fails to meet any Capital Improvement or Job
Creation Funding Conditions of this Agreement.
4) The Company allows its ad valorem taxes owed to any
taxing jurisdiction to become delinquent, and fails to timely
and properly follow the legal procedures for protest and/or
contest of any such ad valorem taxes.
b. In the event of a default of the terms of this Agreement, the City
shall provide the Company written notice of such default, which notice
shall be delivered by personal delivery or certified mail to:
Harvey J. Page
Ref -Chem, L.P.
1128 S. Grandview
Odessa, Texas 79761
c. If Company fails to satisfactorily cure a default under this
Agreement within thirty (30) days of the date of receiving written notice,
this Agreement may be terminated by the City at its discretion without
further notice or liability to Company. In the event Company fails to cure a
default within thirty (30) days of receiving notice, the Company shall
immediately refund to the City any amounts abated under this Agreement
plus interest at the rate of 8% per year, compounded annually from
January 1 of the year prior to the Default Year to the date of payment of
the refunded taxes.
d. The Company shall provide the City a written notice a minimum of
thirty (30) days before any of the required Employment Positions or
Improvements are moved from the Premises as described in section 4. In
the event the Company shall move any of the required Employment
Positions or Improvements required by this Agreement from the Premises
during the term of the Agreement, the City in its sole discretion, may,
terminate this Agreement and require the Company to immediately refund,
to the City, all or a portion of the taxes previously abated under this
Agreement, plus interest at the rate of 8% per year, compounded annually
from January 1 of the year following the execution of this Agreement to the
date of repayment.
e. All taxes abated herein shall be deemed due and owing to the City
at any point that the Company cannot pay its bills as they come due. If
after the Company is no longer able to pay its bills as they come due, it
files for protection from its creditors by any chapter of the bankruptcy code
the City may, at its discretion, pursue the abated taxes as a creditor in the
bankruptcy for unpaid property taxes subject to any and all tax liens
applicable thereto.
13. CITY AUDIT RIGHTS:
a. Duty to Maintain Records. The Company shall maintain
adequate records to support its compliance with the terms of this
Agreement. The Company shall also maintain such records as are
deemed necessary by the City and auditors of City, or such other persons
or entities designated by City, to ensure proper accounting for all costs
and performances related to this Agreement.
b. Records Retention. The Company shall maintain and retain for a
period of four (4) years after the submission of the final Annual
Compliance Verification report, or until full and final resolution of all audit
or litigation matters which arise after the expiration of the four (4) year
period after the submission of the final Annual Compliance Verification
report, whichever time period is longer, such records as are necessary to
fully disclose the extent of services provided under this Agreement,
including but not limited to any daily activity reports and time distribution
and attendance records, and other records which may show the basis for
the calculation of full time positions.
c. Audit Trails. Appropriate audit trails shall be maintained by the
Company to provide accountability for the requirements contained herein,
The Company's automated systems provide the means whereby
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authorized personnel have the ability to audit and establish accountability
for any action that can potentially cause access to, generation of, or
modification of information related to the performances of this Agreement.
The Company agrees that its failure to maintain adequate audit trails and
corresponding documentation shall create a presumption that the
performances were not performed,
d. Access. The Company shall grant the City, or such other persons
or entities designated by City for the purposes of inspecting, auditing, or
copying such books and records, access to all paper and electronic
records, books, documents, accounting procedures, practices or any other
items relevant to the performance of this Agreement. All records, books,
documents, accounting procedures, practices or any other items relevant
to the performance of this Agreement shall be subject to examination or
audit by City, or such other persons or entities designated by City in
accordance with all applicable state and federal laws, regulations or
directives. The Company will direct any subcontractor with whom it has
established a contractual relationship to discharge the Company's
obligations to likewise permit access to, inspection of, and reproduction of
all books and records of the Company's subcontractor(s) which pertain to
this Agreement
e. Location and Reimbursement. Any audit authorized herein shall
be conducted at the Company's Premises in the City during normal
business hours and at City's expense, provided all costs incurred by City
in conducting any such audit shall be reimbursed by the Company in the
event such audit reveals an aggregate discrepancy in any of the
Company's reporting of compliance as required by this Agreement. If any
audit or examination reveals that the Company's reports for the audited
period are not accurate for such period, the Company shall reimburse the
City in accordance with Section 11 of this Agreement.
f. Corrective Action Plan. If an audit reveals any discrepancies or
inadequacies which must be remedied in order to maintain compliance
with this Agreement, applicable laws, regulations, the Company's
responsibilities or performance standards, the Company agrees that within
thirty (30) calendar days after the Company's receipt of the audit findings,
to propose and submit to the City a corrective action plan to correct such
discrepancies or inadequacies subject to the approval of the City. The
Company further agrees, at the sole cost of the Company, to complete the
corrective action approved by the City within thirty (30) calendar days after
the City approves the Company's corrective action plan.
g. Reports. The Company shall provide to the City periodic status
reports in accordance with the City's audit procedures regarding the
Company's resolution of any audit -related compliance activity for which
the Company is responsible.
14. REPORTS AND BRIEFINGS: In a manner consistent with the need to
protect privacy and the intellectual property of the Company and third parties, the
Company will provide periodic briefings as reasonably requested by the City on the
general activities, economic impact and progress of the new project development and
business operations in Texas.
15. USE AND RETENTION OF CITY CRAFTSMEN, TRADES AND
SUPPLIERS: Although not an event of default or a condition to this Agreement, the
City requests that the Company satisfies its need for additional employees from City of
Pearland, Texas, residents and purchase all materials, supplies and services necessary
to affect the occupancy of the property from City of Pearland merchants and
businesses.
16. COMMUNITY INVOLVEMENT: Although not an event of default or
condition of any advance hereunder, the Company agrees to actively participate in
community and charitable organizations and/or activities, the purpose of which are to
improve the quality of life in the City of Pearland, Texas, and to actively encourage its
employees to be involved in such organization and/or activities.
17. INDEMNITY AND HOLD HARMLESS: THE COMPANY 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 TO THE EXTENT OF THE COMPANY'S NEGLIGENCE OR FAULT.
THE PROVISIONS OF THIS SECTION REFLECT THE EXPRESSED INTENTIONS OF
THE COMPANY AND THE CITY AND SHALL SURVIVE THE TERMINATION,
EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
19. EXPRESS NEGLIGENCE. THE INDEMNITY SET FORTH IN THIS
AGREEMENT IS INTENDED TO BE ENFORCEABLE AGAINST THE COMPANY AND
ITS SUCCESSORS AND ASSIGNS IN ACCORDANCE WITH THE EXPRESS TERMS
AND SCOPE HEREOF NOTWITHSTANDING TEXAS' EXPRESS NEGLIGENCE
RULE OR ANY SIMILAR DIRECTIVE THAT WOULD PROHIBIT OR OTHERWISE
LIMIT INDEMNITIES BECAUSE OF THE NEGLIGENCE (WHETHER SOLE,
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CONCURRENT, ACTIVE OR PASSIVE) OR OTHER FAULT OR STRICT LIABILITY
OF THE CITY.
19. GENERAL PROVISIONS
a. Authority. Each party represents that it has obtained all necessary
authority to enter into this Agreement.
b. Relationship of Parties and Disclaimer of Liability. The parties
will perform their respective obligations under this Agreement as
independent contractors and not as agents, employees, partners, joint
ventures, or representatives of the other party. Neither party can make
representations or commitments that bind the other party. The Company is
not a "governmental body" by virtue of this Agreement or the City's
granting of an abatement.
c. Limitation of Liability. In no event will either party be liable to the
other party for any indirect, special, punitive, exemplary, incidental or
consequential damages. This limitation will apply regardless of whether or
not the other party has been advised of the possibility of such damages.
d. Term. The term of this Agreement commences on the Effective
Date of the Agreement and continues until December 31, 2021 unless
terminated earlier pursuant to the terms of this Agreement.
e. Termination for Cause. Either party may terminate this
Agreement for Cause upon thirty (30) days prior written notice to the other
party. "Cause" is any failure to perform a material obligation under this
Agreement within the specified time; including Company's failure to
comply with any Funding Conditions contained herein. The sole remedy
for any termination for Cause (and for the "cause" giving rise to the
termination) shall be that each party is relieved of its obligation to perform
hereunder, however, following termination by the City, the Company will
continue to be obligated to the City for liquidated damages and/or
repayment of abated taxes in accordance with applicable provisions of this
Agreement.
f. Dispute Resolution and Applicable Law.
1) Informal Meetings. The parties' representatives will meet as
needed to implement the terms of this Agreement and will make
a good faith attempt to informally resolve any disputes.
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2) Applicable Law and Venue. This Agreement is made and
entered into in the state of Texas, and this Agreement and all
disputes arising out of or relating thereto shall be governed by
the laws of the state of Texas, without regard to any otherwise
applicable conflict of law rules or requirements. The Company
agrees that any action, suit, litigation or other proceeding
(collectively "litigation") arising out of or in any way relating to
this Agreement, or the matters referred to therein, shall be
commenced exclusively in the State of Texas in any court with
proper jurisdiction to hear this matter closest to the City Hall of
the City of Pearland, and hereby irrevocably and unconditionally
consent to the exclusive jurisdiction of those courts for the
purpose of prosecuting and/or defending such litigation. The
Company hereby waives and agrees not to assert by way of
motion, as a defense, or otherwise, in any suit, action or
proceeding, any claim that (a) the Company is not personally
subject to the jurisdiction of the above-named courts, (b) the
suit, action or proceeding is brought in an inconvenient forum or
(c) the venue of the suit, action or proceeding is improper.
20. MISCELLANEOUS PROVISIONS
a. Counterparts. This Agreement may be executed simultaneously
in two or more counterparts, each of which shall be deemed an original,
and it shall not be necessary in establishing proof of this Agreement to
produce or account for more than one such counterpart.
b. Merger. This document constitutes the final entire agreement
between the parties and supersedes any and all prior oral or written
communication, representation or agreement relating to the subject matter
of this Agreement.
c. Severability. Any term in this Agreement prohibited by, or unlawful
or unenforceable under, any applicable law or jurisdiction is void without
invalidating the remaining terms of this said Agreement. However, where
the provisions of any such applicable law may be waived, they are hereby
waived by either party, as the case may be, to the fullest extent permitted
by the law, and the affected terms are enforceable in accordance with the
parties' original intent.
d. Survival of Promises. Notwithstanding any expiration, termination
or cancellation of this Agreement, the rights and obligations pertaining to
payment or repayment of abated taxes and/or liquidated damages,
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confidentiality, disclaimers and limitation of liability, indemnification, and
any other provision implying survivability will remain in effect after this
Agreement ends.
e. Binding Effect. This Agreement and all terms, provisions and
obligations set forth herein shall be binding upon and shall inure to the
benefit of the parties and their successors and all other state agencies and
any other agencies, departments, divisions, governmental entities, public
corporations and other entities which shall be successors to each of the
parties or which shall succeed to or become obligated to perform or
become bound by any of the covenants, agreements or obligations
hereunder of each of the parties hereto.
f. Successors and Assigns/Notice. 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 the Company
only upon written permission by the City in accordance with Resolution
R2011-12, which permission shall not be unreasonably withheld. No
assignment shall be approved if the assignor or assignee is indebted to
the City for ad valorem taxes or other obligations. The Company, or any
legal successor thereto or prior assignee thereof, may assign its rights and
obligations under this Agreement, including by merger or operation of law,
to any legal successor or any person or entity that acquires all or
substantially all of its business and operations. In addition, with the prior
written consent of the City, which consent shall not be unreasonably
withheld or delayed, the Company, or any legal successor company
thereto or prior assignee thereof, may assign its rights and obligations
under this Agreement to any parent or wholly owned subsidiary that it
currently has in place or later establishes, if it is constituted as a separate
legally recognized business entity. Any such assignment will be made
without additional consideration being payable to the City. This Agreement
shall survive any sale, change of control or similar transaction involving
the Company, any successor thereto or prior assignee thereof and no
such transaction shall require the consent of the City. The Company shall
provide the City written notice of any assignment, sale, change of control
or similar transaction pursuant to this section as soon as possible and in
no event not later than thirty (30) calendar days following such event.
g. Force Majeure. Neither party shall be required to perform any
obligation under this Agreement or be liable or responsible for any loss or
damage resulting from its failure to perform so long as performance is
delayed by force majeure or acts of God, including but not limited to
strikes, lockouts or labor shortages, embargo, riot, war, revolution,
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terrorism, rebellion, insurrection, flood, natural disaster, interruption of
utilities from external causes.
h. Notice. All notices, requests, demands and other communications
will be in writing and will be deemed given and received (i) on the date of
delivery when delivered by hand or via electronic mail, (ii) on the following
business day when sent by confirmed simultaneous telecopy and (iii) on
the following business day when sent via overnight courier (e.g., Federal
Express).
21. AGRICULTURAL VALUATION: It is understood and agreed by the City
and the Company 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 the Company 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.
22. CITY AUTHORIZATION: This Agreement was authorized by Resolution
of the City Council at its council meeting on the 9th day of April, 2012, authorizing the
City Manager to execute the Agreement on behalf of the City.
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Witness our hands this 1l day of
ATTEST:
By:
APPROVED AS TO FORM:
By:
Darrin M. Coker
City Attorney
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CITY
By:
B Eisen
City Manager
REF -CHEM, L.P.
By:
rvey J. Pa
Chairman o the Board
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.
C.$).
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 11 `� DAY OF
‘bv►te-- , A.D., 20 ,C2..
.NOTARY PUBLIC
STATE OF TEXAS
µy ,ryrvov9zlen rAvrea 02A2-2013
THE STATE OF
COUNTY OF,,,c,•pr
AtztAlkt
NOTARY PUBLIC, STATE OF TEXAS
Printed Name: / 1Cs.ri&f s(c& r t kc rite UA
Commission Expires: 0.1- 0,2,2/JO
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Harvey J. Page, Chairman of the Board of Ref -Chem, L,P., 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 THIS0M4e DAY OF
, A.D., 20 /.
NOTATY UBLIC,,S: TE bF TEXAS,
Printed Name: evcrfy . ic•k-s
Commission Expires: za.- „I/-cop/4
16
BEVERLY HICKS
NOTARY PUBLIC
STATE OF TEXAS
4 My Comm. Exp. 10-31-2012
Exhibit "A"
PREMISES
Property Description
61C SURV PING COMPANY
12345 .loner Road, Suite 270
Houston, TX 77070
281.955-2772 • Rax 281-955-6678
www.eicaurveying.coln • eic@eicsurveying.com
All that certain tract or parcel containing 11.8031 acres of land situated in the F.B. Drake Survey, A-1181, in
Ilarris County, Texas, said 11.803 I acre tract being that same tract of loud described as 11.80 acres of land in
a deed filed for record under Harris County Clerk's File No. 20090080880 and being more particularly
described by metes and bounds as follows:
BEGINNING at a Texas Department of Transportation Disk, (TX DOT J)isk), marking the intersection of
the South right-of-way line of 13eltivay 8, (S. Frontage Road, variable width), with the East right-of-way line
of Tom Bass Park Road, (100.00 feet in width), both as shown on the map or plat of the Final Plat of
Turbocare, a subdivision in Harris County, Texas according to the map or plat thereof filed for record under
Film Code No. 4-43062 of the Barris County Map Records, same point marking the Northwest corner of the
herein described 11.8031 acre tract of land;
THENCE N80°,12'55" 1, (call N 80°12'38" E), a distance of 198.61 feet along the South right-of-way line
of said Beltway 8 to an angle point, from this point a TX DOT Disk (found) bears S 08°35'43" 13, 0.19 feet;
THENCE N 86°53'41" E, (call N 86°53'24" 13), a distance of 265.95 feet along the South right-of-way line
of said Beltway 8 to a 5/8" iron rod with E.I.C. cap (set) marking the Northwest corner of Unrestricted
Reserve "A." in Block 1 of said Fatal Plat of Turbocare and the Northeast corner of the herein described
11.8031 acre tract of land;
THENCE S 02°42'31" E, (call S 02°42'48" 11), a distance of 1,1 16.65 feet along the coounon line of said
Unrestricted Reserve "A" and said 11.8031 acre tract of land, to a'/4" iron pipe (found) in the North line of
that certain call 147.6431 acre tract of land as described in a deed filed for record under Harris County
Clerk's File No. G-072386 marking the Southwest corner of said unrestricted Reserve "A" and the
Southeast corner of the herein described.11.8031 acre tract of land;
THENCE S 87°14'01" W, (call S 87°13'41" W), a distance of 463.04 feet along the common line of said
11.8031 acre and said 147.6431 acre tracts of land to a 60D nail (set) in root of a 24" Hackben-y tree in the
East right-of-way line of said Torn Bass Park Road marking the Northwest corner of said 147.6431 acre tract
of land and the Southwest corner of the herein described 11.8031 acre tract of land;
THENCE N 02°42'31" W, (call N 02°42'48" W), a distance of 1,090.81 feet along the East right-of-way line
of said Torn Bass Park R.oad to the POINT OF BEGINNING and containing 11.8031 acres of laud;
SAVE & EXCEPT that certain 900 square foot tract of land conveyed by Three Iron, L.P., a Texas limited
partnership, to the City of Pearland in instntment filed for record ander Harris County Clerk's File No.
20090048727.
Surveyed on the ground March 14, 2012.
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Exhibit "B"
APPLICATION FOR TAX ABATEMENT IN THE CITY
.APPLICATION FOR TAX ABATEMENT IN THE
CITY OF PEARLAND
It is recommended that this application be filed at least 90 days prior to the beginning of construction or 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. 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. President, 1200 Pearland Padcway,
Suite 200, Peariand, Texas 77581, 281.997.3000, www,pearlandedc.cotm Please attach exhibits and additional
infonna don.
Applicant Information
Name of Business: Ref -Chem, L.P.
Address: 1128 South Grandview
City: Odessa
Date' 01.31.12
State: TX Zip: 79761
Contact Person Harvey J. Page
Phone: 432.33 2.8531
Title: Chairman of the Board
Fax: 432.332.3456 Email: hjpage@ref-chem.cona
Ne_ALCS Codes fox primary business operations: 237120 (Oil and Gas and related structures construction) ,541330
(Engineering Services)
Federal ID Number: 75-1294594
Docs the Business file a consolidated tax return under a different tax ID number?
If yes, please also provide that tax ID number: ❑Yes ®No
What is your State of Texas tax ID number: 1-75-1294594894-8
Is the contact person listed above authorized to obligate the Business?
® Yes DNo
If no. please provide the name and tide of a company officer authorized to obligate the Business:
1)
Business Information
Provide a btief description and history of the Business. Include ioformation about the Business' products or services
and markets served.
Ref -Chem is a 55 year old industrial contractor based in Odessa, Texas that provides engineering,
construction and maintenance services to the following sectors of the industry: oil and gas, refining,
chemicals, petro -chemicals, power, minerals, air processing and solar.
See attached brochure.
Business Structure:
❑ Cooperative 0 Corporation
® Partnership 0 S -Corporation
❑ limited Liability Company
❑ Sole Pcopcietorship
0 Nor for Profit
Stare of Incorporation: TX Years in business: 54
Identify the Business' owners and percent ownership: Attached
Annual Sales (Most Receot): $150,000,000
Projected Total Sales: Year 1: $160,000,000 Year 2: $185,000,000 Year 3: $200,000,000
How many employees are currently employed by the Business including all locations, subsidiaries, divisions worldwide?
List the Business' Texas Locations and rhe Curren Number of full-time equivalent (l,1 .) Employees at each Location
(including Peadand if applicable):
1,000 to 1,500 total - Peadand location would house 125 initially and reach 150 by the end of2015.
Current annual payroll of existing Peadand facility excluding any bereftrs (f applicable): Nor applicable
Does the Business offer medical and dental insurance? ® Yes ❑ No
If yes, please describe. Description attached.
Does the Business offer a pension plan, 401(k) plan, and/or retirement -plan? ® Yes 0 No
If yes, please describe. Description attached.
Please provide a brief description of the Business' involvement in the cornmunity(ies) that it has locations.
Ref -Chem (RCLP) is heavily involved with community organizations such as blood drives, Boy Scouts of
America, YMCA, United Way, Boys & Gids Harbor and local high schools to educate and identify career
opportunities available in our industry.
Besides the home office location in Odessa, Texas, RCLP has four (4) locations in the Houston area -
Pasadena, Texas (to be vacated), and Houston, Texas (to be vacated), Deer Park (to be partially vacated) , and
Freeport, Texas (to be partially vacated). In these locations, RCLP panicipates in the local Chambers of
Commerce.
In Houston, RCLP participates in the Houston Chapter of the Associated Builders and Contractors having
supplied two (2) organization Presidents over rhe Last 25 years.
RCLP has participated in supplying teams of people to assist in ABC community refurbishment projects over
the last 5 years.
RCLP was a major contributor to the construction of the new building for "The Bridge", a Pasadena program
for battered women and children.
At the Odessa Chamber of Commerce, Harvey J. Page, Chairman of the Board, was honored in 1999 as the
"Man of the Year" in Odessa for his business success and community participation.
Project Information
Location and legal description of the area to be designated as reinvestment zone (Provide map showing site and metes
and bounds description in attachmentA5): Beltway 8 and Tom Bass Parkway
Type of 13usiness Project:
® New Location 0 Modernization of Existing Peadand Facility
❑ Expansion of Peadand facility
Type of Facility:
0 Manufacturing ❑ Reg. Distribution Center
❑ Regional Service ❑ Reg. Entertainment Centel
❑ Other Basic Industry
Briefly describe the proposed project for which assistance is being sought. (Include project facility size, infrastructure
improvetnents, proposed products/services, any new markets, etc.)
Ref -Chem plans to purchase an 11 acre undeveloped tract of land on Beltway 8 and Tom Bass Parkway in
Pearland, Texas. The intent is to construct an office building with approximately 40,000 square feet of space
in order to house people who are currently housed in several buildings in Pasadena, Deer Park, Houston and
Freeport. The initial occupancy will be approximately 125 people but the business has been expanding
recently and the projection is that the population of the building should continue to grow over the next 5
years. The plan is for the office building to be expandable in sections if the office space needs continue to
increase. The people occupying this building will be management personnel, engineers, designers, and
administrative staff. The second part of the plan is to build a construction equipment yard to house rolling
construction equipment and a warehouse for tools and small equipment. The warehouse architecture will be
compatible with the office building.
1 -las any part of the project started? ❑ Yes ® No
If yes, please explain.
Identify the Business' competitors. If any of these competitors have Peadand locations, please explain the nature of the
competition (e.g. competitive business segment, estimated market share, etc.) and explain what impact the proposed
project may have on the Pearland competitor.
Competitors: Infinity, Austin Industrial, JV Piping, TLC, Performance, Turner Industrial, L -Con.
The current workload of RCLP competitors should not be affected. The workload is expanding sufficiently
to keep all established competitors busy. The purpose of building the new building is to consolidate RCLP
operations into one facility.
Will any of the current Peadand employees lose their jobs if this project does not proceed in Pearland? (Existing
Pearland Companies only) 0 Ycs ® No
If yes, please explain why and identify those jobs as "retained lobs" in the Project Jobs section.
Is rhe Business actively considering locations outside of Pearland? ❑ Yes ❑ No
If yes, where and what assistance is being offered?
Various sites are being explored.
Will any State oc Federal Permits be needed for the project? 0 Yes ® No
'Eyes, please describe each and current time -frame for receiving each?
Will the project be seeking LEED certification? 0 Ycs ® No
If yes, what level of certification is being sought?
Project Jobs
List the jobs that will be created and/or retained as the result of this project. (A retained job is an existing job that would
be eliminated or moved to another location if the project does aot proceed in Pearland.) For jobs to be created, include
the starring and ftaal hourly wage rate. For retained jobs, include the current hourly wage tate.
Is the hourly wage rate based on a 40 hour work week, 52 weeks per year? Yes ❑ No
If no please explain:
Full -Tune CREATED Jobs
(Add additional rows as needed)
Job Tide/Classification
Number of
CREATED
Jobs
Starting Wage
Wage at End of
year mice
Superintendents
9
$990,000
51,109,000
Vice Presidents
4
$700,000
$784,000
Managers
6
$738,000
$827,000
Administrative Staff
17
$720,000
5807,000
Engineers
15
$1,875,000
52,100,000
Designers
36
54,356,000
$4,880,000
Project Managers &Engineers
13
51,520,000
$1,700,000
Project Controls
5
$400,000
$448,000
Estimators
7
$560,000
$627,000
Quality Controls
3
5250,000
$280,000
Safety
2
$160,000
5180,000
Purchasing
2
$170,000
5190 000
IT
2
$170,000
$190,000
Equipment Department
4
$188,000
5210,000
Assistant Project Managers
0
50
50
Total CREATED Jobs
1254*
512,797,000
514,332,000
**Of the total number, 33 positrons are currently contract personnel. Approximately 8 of those
positions will be converted to full time jobs prior to the occupancy date.
Full -Time RETAINED Jobs*
(Add additional tows as needed)
Title/Classification
Job Tide Classification
Number of
Jobs
Current Wage
$
3
5
$
5
S
5
5
5
5
5
5
5
$
Total RETAINED Jobs
5
=nag lobs based to Pearlan
Tax Abatement Information
Description of eligible improvements (real property) to be constructed including fixed equipment, buildings, parking
lots, etc (Provide detail in attachment A6):
Description of ineligible property to be included in project, including inventory and personal property:
Inventory and personal property.
The proposed reinvestment zone is located in:
County: Harris County
Drainage District: Harris County Flood Control District
School District: Houston ISD
College District: Houston Community College District
Other Taxing Jurisdictions: Port of Houston Authority, Harris County Hospital
District, Harris County Education Department, City of
Pearland
What is the parcel(s) tax identification number(s)?: 0470010000043, 0470010000044 ,0470010000045, 0470010000047,
0470010000052,
Tax Abatement Requested: 25% of eligible property for a term of 7 years (or)
requesting staggered tax abatement terms as follows:
Is the applicant seeking a variance under Section 3 (f) of the Guidelines: Yes 0 No
If yes, attached required supplementary information in attachment A8.
Has company made application for abatement for this project by another taxing jurisdiction or nearby counties:
Yes 0 No
If yes, provide dates of application, hearing dates, if held or scheduled, name of jurisdictions and contacts, and
letters of intent.
Construction Estimates
Commencement Dare: 3/6/12 If Modernization
Construetioo Man Years: 29.3 Estimated Economic Life of Existing Plant in years:
Compledon Date: 12/31/12 Added Economic Life from Modernization in years:
Peak Construction Jobs: 60
2011 APPRAISED BASE VALUE ON SITE
ESTIMATED VALUE OF NEW
VALUE ADDED
Land
$1,042,813
Land
$
Building and Improvements
$0
Fred Improvements
$4,500,000
Fixed Equipment
$0
Fixed Machinery Equipment
$
Personal Property
$0
Personal Property
S1,500,000
Inventory
$0
Inventory
$
Total of Pre-existing Value
$1,042,813
Total of New Value Added
$6,000,000
Total Value of Pre-existing and New Value
$7,042,813
Project Budget
AMOUNTS BUDGETED
Use of Funds
Cost
Source
Commitment Status
Land Acquisition
$2,500,000
Self -Finance
Site Preparation
Cost of Utilities to Site
Building Acquisition
Building Construction
54,500,000
Self -Finance
Building Remodeling
Machinery & Equip.
Computer Hardware
$250,000
Self -Finance
Computer Software
$250000
Self -Finance
Furniture & Fixtures
$1,000,000
Self -Finance
Working Capital
Moving Expenses
$200,000
Self -Finance
Job Training
TOTAL
$8,700,000
Self -Finance
Does the Business plan coital: the facility? 0 Yes ® No
If yes, please provide the Annual Base Rent Payment (lease payrneot minus property taxes, insurance, and
operating/maintenance expenses) and the length of the lease agreement.
Financial assistance is need -based, please explain why assistance is needed:
Financial assistance is needed to provide incentive for the Company to afford to relocate to new
facility for the long term future growth of the company.
Any rccipient of tax abatement is expected to provide security to the City. The security will be exercised, when
necessary, due to non-performance. In addition to a lien and/or mortgage, personal guarantees are expected for
businesses not publicly traded, and corporate guarantees are expected when the business recipient has a parent (or
holding) company. What security will be offered to secure financial assistance and describe what seniority or position
the City will have on any lien or mortgage?
Ref -Chem will self -finance the project therefore no personal guarantees will be made to the
Corporation since there will be no liabilities to any other firm.
A6
Extent of Project
Ref -Chem, L. P. is purchasing a lot that has never been developed and plans to turn it into a fully
functioning Office/Shop complex to become its Houston operations center. This facility will be built to
house approximately 125 engineers, designers, Project Managers, and other staff along with a shop to
store tools and construction equipment and also to facilitate the fabrication of pipe and steel on
occasion.
The office will contain approximately 35,000 s. f., the shop, another 10,000 s. f. and a small field staff
office will contain another 3,000 s. f. of room. Paved parking spaces and drives will be ample to support
the staff and visitors. The working area behind the shop will be hard surfaced to allow fabrication
activities to continue in times of inclement weather.
The facility will be harmonious with other structures in the area and will provide a developed site near
the entrance to Torn Bass Park.
The site will be developed such that a sizable future expansion can be added without disrupting the
main building operations. A retention pond will be employed on site to handle heavy rains as called for
in the Pearland Specifications.
A7
Proposed Timeline
Commence sitework - 3/6/12
Begin civil work — 5/9/12
Complete structure — 9/28/12
Complete interior work —12/14/12
Certificate of Occupancy— 12/21/12
Occupy Building —12/26/12
Attachments
Please attach the following documents:
AI Completed Economic Impact Data Sheet (If requested)
A2 Business Plan (If requested)
A3 Copy of the most recent payroll report for one pay period must be in Excel format and include the following
information (If requested):
• Company name, date of payroll and source of payroll information
• Employee nine and/or employee identification number
• Current hourly wage - do not include bonuses or other benefit values
• Indicate if the employee is full time (40 hours per week, 52 weeks per year) or part time.
A4 Financial Information
• Audited profit and loss statements and balance sheets for past three year -ends;
• Current YTD profit and loss statement and balance sheet; and
• Schedule of aged accounts receivable;
• Schedule of aged accounts payable; and
• Schedule of debts.
A5 Map showing boundaries of proposed site.
A6 Statement explaining general nature and extent of the project, describing existing site and improvements;
describe all proposed improvements and provide a List of all improvements and equipment for which
abatement s requested.
A7 Proposed timeline for undertaking and completing the planned implements.
A8 Variance Request (if applicable)
INSTRUCTIONS
Applicants and projects must meet the requirements established by the City of Pearland Gwidehner and Criteria for Granting
Tax Abatement in a Reinvestment Zone found in Resolution No. 82011-12 (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
eligibility.
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 sueb 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 number of principal bank, accountant and attorney) and may be required to submit an audited financial
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 gnaliftes.
TAX ABATEMENT INFORMATION
Estimated A n ailed Value on Cite -
Q tThe value as of January 1 immediately preceding abatement should be the value
established by the Appraisal District. If the applicant must estimate value because the taxable value is nor known or is
combined with other properties under a single tax account, please so state. Projections of value should be a "but
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 administration, housing, etc.
Certification & Release of Information
I hereby give permission to the City of Pearland and the Peadand Economic Development Corporation (PEDC) to
research the Business' history, make credit checks, contact the Business' financial institutions, insurance carriers, and
perform other related activities necessary for reasonable evaluation of this application.
1 understand that all information submitted to the City and PEDC related to this application is subject to Texas Public
Information Act
I undcssawd this application is subject to final approval by the City of Pentland City Coune1 and the Project may not be
initiated until final approval is secured.
I understand that the City reserves the right to negotiate the financial assistance. Furthermore, l am aware that tax
abatement is not available until an agreement is executed within a reasonable time period following approval.
1 certify the Business has not, within the last five years, been cited or convicted for violating any stat or federal statutes,
rules, and regulations, including environmental, worker safety and immigration regulations, or, if such violations have
occurred, that there were mitigating circumstances or such violations did not scdously affect public health or safety or
the environment
I hereby certify that all representations, warranties, or statements made or furnished to the City and PEDC is
connection with this application are true and correct in all material respect I understand that It is a violation under Texas
law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing
for the purpose of procuring economic development assistance.
For the B eea:
Ssif
Signature t�
hr,9,1 v! y �, P� az-
Name and Title (typed or panted)
07-o2d --o%/Z
Date
EXHIBIT "C"
FORM OF ANNUAL EMPLOYMENT COMPLIANCE VERIFICATION
RI AND
CMi0 pEvl WPM ENT CORPORATION
ONN
CITY OF PEARLAND
ANNUAL EMPLOYMENT AND INVESTMENT
COMPLIANCE VERIFICATION
Verification should be submitted to the Pearland Economic Development Corporation President, 1200 Pearland
Parkway, Suite 200, Pearland, Texas 77581, 281.997.3000, www.pearlandedc.cotn. Please attach exhibits and additional
information.
Company Information
Name of Business:
Address:
City: State:
Contact Person:
Phone: Fax:
Date:
Title:
Annual Compliance Verification
Zip:
Please check the box that applies:
❑ First Time Filing
❑ Subsequent Filing
If subsequent, date last compliance submitted:
Report Covers Period: Begin Date: End Date:
This is compliance of
1
Employment -Position Information
All positions must be full-time (2000 hours or more annually) and permanent, with the Company.
1. Total Number of Employment Positions previously certified:
2. Total Number of New Employment Positions Submitted for Certification this period:
3. Total Number of Employment Positions Reported (line 1 + line 2):
4. Total Payroll for all Employment Positions Reported this Claim Period:
5. Average annual gross compensation at this Company/Project Facility (line 4/line 3):
Did the Company meet the job creation and retention targets for this reporting period? ❑ Yes 0 No
If no, please explain why:
Does the Company provide medical and dental benefits to all employees? 0 Yes 0 No
Investment Information (if applicable)
S
1. Total Investment (Qualified Expenditures) Previously Certified:
2. Total New Investment (Qualified Expenditures) Submitted for Certification this Claim Period:
3. Total Investment (Qualified Expenditures) Reported (previously certified and new Line 1 and 2):
Did the Company meet the investment target for this reporting period? ❑ Yes ❑ No
If no, please explain why:
Taxable Value Information (if applicable)
The following should reflect the change in taxable value according to the appropriate Central Appraisal District.
TAXABLE VALUE
ON SITE
20_ ORIGINAL
BASE VALUE
TAX
YEAR 20_
TAX
YEAR 20
TOTAL INCREASE
OVER 20_ BASE
Land
$
$
$
$
Building and Improvements
$
$
$
$
Fixed Equipment
$
$
$
$
Personal Property
$
$
$
$
Inventory-
$
$
$
$
Total Taxable Value
$
$
$
$
Please submit requested attachments.
Other Information
Is the company in compliance with all terms and conditions of the agreement for this reporting period and all previous
periods: ❑ Yes 0 No
If no, please explain why:
2
Attachments
Please attach the following documents:
Al Certified copy of the appraised and settled value of the Improvements as shown by the appropriate Central Appraisal
District supported by all correspondence, renditions, appeals or contests and settlement of appraised value and shall
provide appropriate back-up data for the Improvements exclusive of other investments made at the Premises.
.A2 Business Personal Property Rendition of Taxable property Form
Certification
I certify the Business has not, within the reporting period, been cited or convicted for violating any state or federal
statutes, rules, and regulations, including environmental, worker safety and immigration regulations.
Under penalty of perjury, I declare that the information in this document and any attachments are true and correct to the
best of my knowledge and belief.
For the Business:
Signature Date
Name and Title (typed or printed)
3
NOTE — THIS STATEMENT SHALL NOT BE ATTACHED TO THE ANNUAL COMPLIANCE
VERIFICATION. IT WILL BE REVIEWED ONLY AT THE COMPANY'S OFFICES AS PART OF THE
ANNUAL COMPLIANCE VERIFICATION.
ANNUAL EMPLOYMENT COMPLIANCE VERIFICATION DETAIL
Job Certification Period: January 1,
ABC Company
114 Oak Drive
Pearland, Texas 77581
ABC Company, Inc.
Project Approved: 10/23/98
2000 through December 31, 2000
Job No.
Position Title
Social
Employee
Wages
Hours
Date Hired to
City of
Security
Name
During Claim
Worked
Position/Date
Pearland
Number
Period
During Claim
Left Position
Resident
Period
PREVIOUSLY CERTIFIED JOBS (updated):
001 Division t4/4#4#-#### Dennis
Director Director
002 Office
Manager
002A
$68,987
2,318 09/01/98 to
Present
###4#-###1# Mary Worker $15,236 1,200 01/15/98 to
8/31//98
###-##-#### Lindsey $12,008 900 9/1/98 to
Sellsmith Present
NEW JOBS THIS CERTIFICATION:
003 Sales #4#410###
Manager
Delores
Incharge
$29,695 2,080 09/01/99 to
Present
004 Print Shop ###-##4### Adam $32,450 2,056 09/01/99 to
Manager Typeset Present
Total Jobs Created: 4
Total Payroll: $###,###
Vacant Positions: 0
TOTAL # OF JOBS ON THIS PAGE 4
PAGE # 1 of 1
TOTAL # OF JOBS ON THIS CLAIM 4
4
N
Y
Y
N
Y