R-2012-176-2012-12-10 RESOLUTION NO. R2012-176
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 DOVER ENERGY,
INC.
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 Dover Energy, Inc., 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 Dover Energy, Inc.
PASSED, APPROVED and ADOPTED this the 10th day of December, A.D., 2012.
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TOM REID
MAYOR
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CIT ECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2012-176
Exhibit "A"
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
("the City"), and Dover Energy, Inc., a Delaware corporation ("the Company"), duly
acting by and through Frank Wierengo its President.
WITNESSETH :
WHEREAS, on the 10th day of December, 2012 the City Council of the City
passed Ordinance No. 1471 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 1st 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 for the following years and in the following amounts: 1) One hundred
percent (100%) of the taxes assessed upon the increased value of the Fixed Machinery
and Equipment and Fixed Improvements set forth below exclusive of future or other
capital investment made at the Premises, annually for a period of two (2) years
beginning January 1 , 2015 and ending December 31 , 2016; 2) Seventy five percent
(75%) of the taxes assessed upon the increased value of the Fixed Machinery and
Equipment and Fixed Improvements set forth below exclusive of future or other capital
investment made at the Premises, annually for a period of three (3) years beginning
January 1 , 2017 and ending December 31, 2019; and 3) Fifty percent (50%) of the
taxes assessed upon the increased value of the Fixed Machinery and Equipment and
Fixed Improvements set forth below exclusive of future or other capital investment made
at the Premises, annually for a period of two (2) years beginning January 1, 2020 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 seven million ($6,000,000) for the real
property and/or improvements "Fixed Improvements" and two million
($2,000,000) in other "Ineligible Property", as defined in R2011-12, which
shall be substantially complete on or before April 1 , 2014 (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 185 "Employment
Positions", as defined herein, by September 1 , 2014.
The Company shall demonstrate compliance with this Section by maintaining a
minimum of ninety five percent (95%) 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 least 2000
hours annually per employee) in the City that are
located at the Premises' ; and
2) The Employment Positions must have an average
annual gross compensation of at least $46,000.00 per
year (excluding benefits); and
3) Medical benefits must be provided 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 , 2015, 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
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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
There shall be a total of seven (7) Annual Compliance Verifications submitted to the City
in years 2015 through 2021. Each Annual Compliance Verification shall include specific
back-up information supporting the Employment Position data. 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 Premisesduring business
hours and with prior notice to the Company 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 during business hours, after 24
hours notice has been given, to determine whether the Premises are thereafter
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maintained and operated in accordance with this Agreement and all applicable federal,
state, and local law, ordinances, and regulations. The City shall conduct at least one
inspection annually to ensure compliance with the guidelines contained in Resolution
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 thirty (30) 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 thirty (30) 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 2022, 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.
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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:
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:
Frank Wierengo
Dover Energy, Inc.
1585 Sawdust Road, Suite 210
The Woodlands, Texas 77380
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 or an extension that is
mutually agreed upon by the parties, the Company shall immediately
refund to the City any amounts abated under this Agreement plus interest
at the rate of 4% 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 Employment Positions or Improvements
are moved from the Premises. It shall be considered an event of Default, if
the Company shall move any of the Employment Positions or
Improvements required by this Agreement from the Premises during the
term of the Agreement.
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 updates and changes to automated
personnel and financial systems. Audit trails maintained by the Company
shall, at a minimum, identify the changes made, the individual making the
change and the date the change was made. An adequate history of
transactions shall be maintained by the Company to permit an audit of the
system by tracing the activities of individuals through the system. The
Company's automated systems provide the means whereby authorized
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personnel have the ability to audit and establish individual 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. Upon prior written notice to the
Company, 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.
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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. FINANCIAL INFORMATION: If the Company's parent company, Dover
Corporation, is no longer a publically traded company, the Company shall furnish the
City, if requested, on an annual basis by February 28, of each year throughout the term
of the Agreement, information regarding the general business status, market and
general summary financial updates regarding the Company.
18. 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 THE
COMPANY'S BREACH OF THIS AGREEMENT, PROVIDED,HOWEVER, THAT THE
COMPANY SHALL HAVE NO OBLIGATION UNDER THIS SECTION TO THE CITY
WITH RESPECT TO ANYOF THE FOREGOING ARISING OUT OF THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS AND ASSIGNS OR THE BREACH OF THE CITY
UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION REFLECT THE
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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,
CONCURRENT, ACTIVE OR PASSIVE) OR OTHER FAULT OR STRICT LIABILITY
OF THE CITY.
20. 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 the 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
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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.
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.
21. 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.
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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,
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 the Premises. 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
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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,
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).
22. 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.
23. CITY AUTHORIZATION: This Agreement was authorized by Resolution
of the City Council at its council meeting on the 10th day of December, 2012,
authorizing the City Manager to execute the Agreement on behalf of the City.
14
Witness our hands this v� —dayof
ATTEST: CITY
By: v _„ By: ��� t..
Y g Lo ing, t t , : Bill Eisen
Secretary ="- ),' ' City Manager
eflila11.f1.��•�,
APPROVED AS TO FORM:
By: .
Darrin M. Coker
City Attorney
DOVER ENERGY, INC.
By:
Fr nk Wierengo
a Vice President
15
THE STATE OF TEXAS '
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Bill Eisen, City Manager for the City of Pearland, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
ToP\-ar , A.D., 20 ` -
DAISY MATA I 4.i 114:4't54.
raoTAarPueuc NOTA Y UBLIC, STATE OF TEXAS
*4r STATE OF TEXAS
My Canrition Fxpfs0St9-2015 Printed Name: 'DGSs
Commission Expires: - 19 _2.45 LJ
U'
THE STATE OF TEXAS
s
COUNTY OF QC ' % TgitOFIt*
TIRES . . ••
�es����//7.15 ottiiiii`5;q�`�,,��$-
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Frank Wierengo, a Vice President of Dover Energy, Inc. known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
G EN UNDER MY HAND AND SEAL OF OFFICE THIS I�+1^-
DAY OF
V Q-C_C VAk (1.r A.D., 20 ) .
100---1--t- TLi5-c--C—
N TARY PUBLIC, STATE OK TEMMAS
Printed Name: NOQwkI i;e CL
�Commission Expires: 1a - tc--a 0 L`
I6
Exhibit "A"
PREMISES
Property Description
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�LLr6 pTB6.T OF r..OB>ACRES OF LAND OUT OE
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A SUBDIVISION IN THE
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HARRIS&BRAZORIA COUNTY, TEXAS
i�Ofhm OWNERS.SRTINIRRY,LTD.
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Page 1 of 2
EXHIBIT"A"
OWNER:SHT/KIRBY,LTD.
JAMES HAMILTON SURVEY,ABSTRACT No.876
HARRIS COUNTY,TEXAS
PROPERTY DESCRIPTION
Being a 14.087 acre tract of land out of Lots 21, 21-1/2, 28 & 28-1/2, Section F, Allison
Richey Gulf Coast Homes Subdivision, an addition to the City of Pearland, Harris &
Brazoria County, Texas as recorded in Volume 3, Page 40 of the Map Records of Harris
County, Texas, said 14.086 acre tract of land being a portion of a 36.166 acre tract of land
(by deed) deeded to SHT/KIRBY, LTD. as recorded in Harris County Clerk's File Number
20080049996 in the Official Public Records of Real Property, Harris County, Texas, said
14.087 acre tract of land being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found in the west line of said 36.166 acre tract of land,
said 5/8 inch iron rod being the intersection of the existing north right-of-way line of
Spectrum Boulevard (a 100' right-of-way) with the existing east right-of-way line of Hooper
Road(a 60'right-of-way);
THENCE North 02 degrees 26 minutes 19 seconds West, with the west line of said 36.166
acre tract of land and with the existing east right-of-way line of said Hooper
Road, a distance of 982.23 feet to a 5/8 inch iron rod with cap stamped
"GORRONDONA" set for corner;
THENCE North 87 degrees 36 minutes 13 seconds East, a distance of 569.88 feet to a 5/8
inch iron rod with cap stamped "GORRONDONA" set for corner;
THENCE South 02 degrees 38 minutes 10 seconds East, a distance of 98.00 feet to a 5/8
inch iron rod with cap stamped"GORRONDONA" set for corner;
THENCE North 87 degrees 36 minutes 13 seconds East, a distance of 60.00 feet to a 5/8
inch iron rod with cap stamped "GORRONDONA" set for the northwest corner of
an 11.9337 acre tract of land (by deed) deeded to Merit Medical Systems, Inc. as
recorded in Harris County Clerk's File Number 20110322713 of said Official
Public Records of Real Property, Harris County, Texas, from which a 1 inch iron
rod found for an interior ell corner of said 36.166 acre tract of land bears North 02
degrees 38 minutes 10 seconds West,a distance of 60.00 feet;
THENCE South 02 degrees 38 minutes 10 seconds East, with the west line of said 11.9337
acre tract of land, a distance of 881.53 feet to a 5/8 inch iron rod with cap
stamped "Gruler" found for the southwest corner of said 11.9337 acre tract of
land, said 5/8" iron rod with cap stamped "Gruler" being in the existing north
right-of-way line of said Spectrum Boulevard;
GORRONDONA&ASSOCIATES,INC.• 11710 NORTH FREEWAY,SUITE 700 HOUSTON,TEXAS 77060 • 281-469-3347 FAX 281-419-2506
Page 2 of 2
THENCE South 87 degrees 21 minutes 30 seconds West, with the existing north right-of-
way line of said Spectrum Boulevard, a distance of 633.26 feet to the POINT OF
BEGINNING and containing 613,612 square feet or 14.087 acres of land, more
or less.
This property description is accompanied by a separate plat of even date.
All bearings are referenced to the Texas State Plane Coordinate System,Central Zone,NAD83.
All distances and areas are surface.
Date: October 20, 2012 4:•P•ta+
oeoo
JAMES M. EWING
eve, 4892
Jam s M Ewing ��'O�a°.URvtiy��
Regi tered Professional Land Surveyor •
No. 4892
GORRONDONA&ASSOCIATES,INC.• 11710 NORTH FREEWAY,SUITE 700 HOUSTON,TEXAS 77060 • 281-469.3347 FAX 281419-2506
APPLICATION FOR TAX ABATEMENT IN THE
CITY OF PEARLAND
It is recommended that this application he 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 hecome 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 Parkway,
Suite 200, Pearland, Texas 77581, 281.997.3000, ri,,vorpearlanded(Lcgm. Please attach exhibits and additional
information.
Applicant Information
Name of Business: Dover Energy,Inc Date:9/28/2012
Address: 1585 Sawdust Rd. Suite 210
City:The Woodlands State: TX Zip: 77380
Contact Person: Frank Wierengo Title: President-Cook Compression
Phone: 281-602-2172 Fax: Email: FWierengo@cookcompression.com
N.%1C5 Codes for primary business operations:
Federal ID Numher: 73-1251301
Does the Business file a consolidated tax return under a different tax ID number? ❑ Yes ® No
If yes,please also provide that tax ID number:
What is your State of Texas tax ID number: 10431248078
Is the contact person listed above authorized to obligate the Business?
®Yes ❑No
if no,please provide the name and title of a company officer authorized to ohligate the Business:
1)
Business Information
Provide a brief description and history of the Business. Include information about the Business'products or services
and markets served.
Dover Energy is a segment group of Dover Corporation,a Fortune 500 company,that provides highly-
engineered solutions for the safe and efficient extraction of oil&natural gas and handling of critical fluids
and materials worldwide in the drilling,production and downstream markets.
This facility will provide manufacturing,service,warehouse and general business space for three Dover
Energy companies:Cook Compression,Waukesha Bearings,and OPW-FTG. Significant additional
information can be found at each company's websites listed below,as well as the Dover Corporate website
•
Dover: www.dovercorporation.com
Cook Compression: www.cookcompression.com
Waukesha: www.waukbearing.com
OPW-FTG:www.opwftg.com
Business Structure:
❑ Cooperative ® Corporation ❑ Limited Liability Company ❑ Not fot Profit
❑ Partnership ❑ S-Corporation ❑ Sole Proprietorship
State of Incorporation: DE Years in business: 50+
Identify the Business'owners and percent ownership: Dover Corporation- 100%
Annual Sales(Most Recent): $8,000,000,000
Projected Total Sales: Year 1: $0 Year 2:$N/A Year 3: $N/A
How many employees are currently employed by the Business including Al locations,suhsidiaries,divisions worldwide?
List the Business'Texas Locations and the Current Number of full-time equivalent(FTC)Employees at each Location
(including Pearland if applicable): Dover worldwide employment 30,000+
Project Related:Houston,TX:50,Stafford,TX:65,Breckenridge,TX:30,Pearland,TX(ETJ):40
Current annual payroll of existing Pearland facility excluding any benefits(if applicable): $0
Does the Business offer medical and dental insurance? ® Yes ❑ No
If yes,please describe.
Does the Business offer a pension plan,40I(k)plan,and/or retirement-plan? ® Yes ❑ No
If yes,please describe.
Please provide a brief description of the Business'involvement in the community(ies)that it has locations. Participation in
charitable activites,United Way,Habitat for Humanity,etc.Sponsorship in a variety of community sporting leagues,etc.Our
employees are typically involved in many community activites,charities,and leagues.
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 attachment A5): Spectrum Road and Hooper Road(Betz Property)
Type of Business Project:
® New Location ❑ Modernization of Existing Pearland Facility
❑ Expansion of Pearland Facility
Type of Facility:
® Manufacturing ❑ Reg.Distribution Center
❑ Regional Service ❑ Reg.Entertainment Center
❑ Other Basic Industry
Briefly describe the proposed project for which assistance is being sought.(Include project facility size,infrastructure
improvements,proposed products/services,any new markets,etc.) Dover Energy is establishing a shared facility in
Pearland,TX that supports current operating companies'needs and provides a foundation for future growth. The
new facility will be 150k square feet with the ability to expand to 215k+sq.ft. Three Dover companies will be the
initial tenants including,Cook Compression who is consolidating mulitple facilities,Waukesha Bearings who is
relocating an existing operation,and OPW who is starting an operation in the Houston area. All companies are
manufacturing companies producing highly-engineered solutions for the safe and efficient extraction and handling
of critical fluids worldwide in the drilling,production and downstream markets.
Has any part of the project started? ®Yes ❑No
If yes,please explain. The company currently has the land under contract but it is contingent upon rezoning,
incentives,and other factors.
Identify the Business'competitors. If any of these competitors have Pearland 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. No known Pearland competitors
Will any of the current Pearland employees lose their jobs if this project does not proceed in Pearland?(Existing
Pearland Companies only) ❑ Yes ❑ No
If yes,please explain why and identify those jobs as"retained jobs"in the Project jobs section.
Is the Business actively considering locations outside of Pearland? El Yes ❑ No
If yes,where and what assistance is being offered?
Will any State or Federal Permits be needed for the project? ❑ Yes ® No
If yes,please describe each and current time-frame for receiving each?
Will the project be seeking LEED certification? ❑ Yes EI 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 not proceed in Pcarland.) For jobs to be created,include
the starting and final hourly wage rate.For retained jobs,include the current hourly wage rate.
Is the hourly wage rate based on a 40 hour work week,52 weeks per year?® Yes ❑ No
If no please explain:
Full-Time CREATED Jobs (Add additional rows as needed)
Number of Wage at End of
Job Title/Classification CREATED Starting Wage Year Three
Jobs
Machinist/Assembly/Machine Oper 127 $22 $24
Managers 13 $35 $38
Material Handlers 15 $18 $20
Engineers/Office Personnel 30 $30 $33_
$ $
3 $
3 $
$ $
$ $
$ $
$ $
$ $
Total CREATED Jobs 185 $ $
Full-Time RETAINED jobs* (Add additional rows as needed)
Job Title/Classification Number of Current Wage
RETAINED Jobs
$
$
$
$
$
$
$
$
$
$
Total RETAINED Jobs $
"'Existing jobs based in Pearland
•
Tax Abatement Information
Description of eligible improvements(real property)to be constructed including fixed equipment,buildings,parking
Tots,etc(Provide detail in attachment A6): Dover is proposing to construct a 150,000 square foot tilt up concrete
office and manufacturing facility on a 14 acre site that will be expandable by an additional 60,300 square feet.
The building will have approximately 25,000 square feet of office space. It will have concrete parking areas for
approximately 200 vehicles and the necessary storm water detention areas. Attached is a preliminary
rendering and site plan for the facility.
Description of ineligible property to be included in project,including inventory and personal property: The property
will have borb existing equipment brought to the new facility along with new equipment Dover will also
have inventory. •
'I'hc proposed reinvestment zone is located in:
County:Harris County
Drainage District•.Harris County Flood Control District
School District: Houston Independent School District
College District:Houston Community College
Other'faxing jurisdictions:Port of Houston,Harris County Hospital District,Harris County
Department of Education and Lower Kirby Management District
What is the parccl(s)tax identification numbers)?: Acquiring a portion of parcel#045-180-000-0001
Tax Abatement Requested: %of eligible property for a term of years Or)
requesting staggered tax abatement terms as follows: Per the August 9,2010 letter from the Pearland Economic
Development Corporation the City of Pearland would provide Tax Abatement on real and fixed property for a
period of 7 years at the following terms: Years 1-2—100%, Years 3-5—75%,Years 6-7—50%
Is the applicant seeking a variance under Section 3(f)of the Guidelines: Yes 0 No El
If yes,attached required supplementary information in attachment A&
I las company nude application for abatement for this project by another taxing jurisdiction or nearby counties:
Yes ❑ No
If yes,provide dares of application,hearing dates,if held or scheduled,name of jurisdictions and contacts,and
letters of intent.
Construction Estimates
Commencement Date: 02/13 If Modernization
Construction Man Years: THD Estimated Economic life of Existing Plant in years:
Completion Date: 02/14 Added Economic life from Modernization in years:
Peak Construction Jobs: TJ)D
2012=_APPRAISED BASE VALUE ON ESTIMATED VALUE OF NEW
SITE VALUE ADDED
Land Included value of portion not purchasing $2,626,744 Land $
Building and improvements $ Fixed Improvements $
Fixed fjquipment $ Fixed Machinery liquipment $
Personal Property $ Personal Property $
Inventory $ Inventory $
Total of Pre-existing Value Skis than Total of New Value Added $TBD
$2.6M
Total Value of Pre-existing and New Value S
Project Budget •
AMOUNTS BUDGETED
Use of Funds Cost Source Commitment Status
Land Acquisition 2,700,000 _
Site Preparation
Cost of Utilities to Site
Building Acquisition
Building Construction 13,900,000
Building Remodeling
Machinery&Equip. 4,000,000
Computer Hardware 200.000
Computer Software
Furniture&Fixtures 800,000
_Working Capital 1,000,000
Moving Expenses 1,200,000
Job Training 0
TOTAL 2 3,8a,000
Does the Business plan to lease the facility? ❑ Yes ® No
If yes,please provide the Annual Base Rent Payment(lease payment 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: Dover is evaluating multiple sites in the
Houston region and incentives will play a key Factor in choosing a Iocation.
Any recipient 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? Dover is willing to enter into a forgivable loan agreement and sign a
promissory note.
Attachments
Please attach the following documents:
Al 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 name 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)
Certification & Release of Information
I hereby give permission to the City of Pearland.and the Pearland 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.
I understand that all information submitted to the City and PEDC related to this application is subject to Texas Public
Information Act.
l understand this application is subject to final approval by the City of Pearland City Council 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,I am aware that tax
abatement is not available until an agreement is executed within a reasonable time period following approval.
I certify the Business has not,within the last five years,been cited or convicted for violating any state 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 seriously 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 in
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 Business:
Sign- re Date
P77.4 W/ / E.JG0 , R.eE.3IDENT
Name and Title(typed or printed)
EXHIBIT "C"
FORM OF ANNUAL EMPLOYMENT COMPLIANCE VERIFICATION
// PEARLAND
ECONOM£C DEVELOPMENT CORPORATION
CITY OF PEARLAND
TAX ABATEMENT ANNUAL INVESTMENT AND EMPLOYMENT
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.com. Please attach exhibits and additional
information.
Company Information
Name of Business: Date:
Address:
City: State: Zip:
Contact Person: Title:
Phone: Fax: Email:
Annual Compliance Verification
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(2,000 hours or more annually)and permanent,with the Company.
1. Total Number of Employment Positions Reported(previously certified and new):
2. Total Number of Employment Positions Previously Certified:
3. Total Number of New Employment Positions Submitted for Certification(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 3/line 4):
Did the Company meet the"Job Target"for this reporting period? ❑Yes ❑No
If no,please explain why:
Does the Company provide medical and dental benefits to all employees? ❑Yes ❑No
Investment Information
1. Total new value previously certified:
2. Total new value submitted for certification this claim period:
3. Total value reported(previously certified and new line 1 and 2):
Generally describe the improvements existing as of December 31 of the preceding year?
Did the Company install or construct all improvements before the Improvements Completion Date? ❑Yes ❑ No
If no,please explain why:
TAXABLE VALUE ON SITE 20_ORIGINAL TAX TOTAL INCREASE
BASE VALUE YEAR 20 OVER 20 BASE
Land $ $ $
Building and Improvements $ $ $
Fixed Equipment $ $ $
Personal Property $ $ $
Inventory $ $ $
Total Value $ $ $
Please attach the Business Personal Property Rendition form submitted to the Appraisal District.
2
Attachments
Please attach the following documents:
Al Employment Verification
A2 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.
A3 Business Personal Property Rendition of Taxable Property Form
Certification
I certify the appraised value of the improvements as defined in our agreement with the City of Pearland.
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
ANNUAL EMPLOYMENT COMPLIANCE VERIFICATION
ABC Company, Inc.
Project Approved: 10/23/98
Job Certification Period: January 1, 2000 through December 31, 2000
ABC Company
114 Oak Drive
Bluebonnet, Texas 77777
Job No. 1 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 ### # Dennis $68,987 2,318 09/01/98 to N
Director Director Present
002 Office #/#-##-#### Mary Worker $15,236 1,200 01/15/98 to Y
Manager 8/31//98
002A ###-##-!##t Lindsey $12,008 900 9/1/98 to Y
Sellsmith Present
NEW JOBS THIS CERTIFICATION:
003 Sales ######### Delores $29,695 2,080 09/01/99 to N
Manager Incharge Present
004 Print Shop ###- ## Adam $32,450 2,056 09/01/99 to Y
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