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2019-024 - Approving an Addendum to Tax Abatement Agreement dated November 25, 2008 with Campbell Soup relating to the Company's Single Serve Beverage Line and Authorizing an Agreement with the Company to Terminate sameRESOLUTION NO. 2019-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN ADDENDUM TO TAX ABATEMENT AGREEMENT DATED NOVEMBER 25, 2008 WITH CAMPBELL SOUP SUPPLY COMPANY LLC RELATING TO THE COMPANY'S SINGLE SERVE BEVERAGE LINE AND AUTHORIZING AN AGREEMENT WITH THE COMPANY TO TERMINATE SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, heretofore, on November 24, 2008, the City Council of the City of Paris, Texas approved the Tax Abatement Agreement (the "Agreement") attached hereto to as a part of Exhibit A and incorporated by reference as if fully set forth herein with Campbell Soup Supply Company LLC ("Campbell Soup" or "the Company') related to Campbell Soup's Multi -Serve Beverage Line (also known as the "Fusion Line"); and WHEREAS, the term of said Agreement expires on December 31, 2019; and WHEREAS, said Agreement relates to property owned by Campbell Soup within the City of Paris, which property is located within an Enterprise Zone as set forth in the Agreement; WHEREAS, the Texas Tax Code Sec. 312.208 and tax abatement guidelines in effect in 2013 and on the date of this Resolution allow for the modification and termination of a tax abatement agreement during the term of said agreement; and WHEREAS, due to prevailing conditions in the industry, OWNER has closed the Fusion Line at OWNER's PROPERTY and has diverted resources associated with the Fusion Line to sauce production within the Paris, Texas facility and has furthermore made an additional capital investment in said sauce production of over $10,000,000.00; and WHEREAS, in consequence thereof, the Company has requested that the Agreement be modified and terminated; and WHEREAS, the City Council has agreed to said modification and termination of the Agreement because said modification and termination are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the City's policy on tax abatements and all applicable laws and otherwise serve a public purpose in maintaining a major employer in the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Tax Abatement Agreement dated November 24, 2008 between the City of Paris, Texas and Campbell Soup Supply Company LLC should be amended in accordance with the terms and conditions of the proposed Addendum to the Tax Abatement Agreement attached hereto as Exhibi A, and the same having been reviewed by the City Council and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same is hereby, in all things approved. Section 3. That the Tax Abatement Agreement dated November 24, 2008 between the City of Paris, Texas and Campbell Soup Supply Company LLC should be terminated in accordance with the terms and conditions of the proposed Agreement to Terminate Tax Abatement Agreement Dated November 24, 2008 Between the City of Paris, Texas and Campbell Soup Supply Company LLC attached hereto as Exhibit B. and the same having been reviewed by the City Council and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same is hereby, in all things approved. Section S. That the Mayor is hereby authorized to execute the Addendum to Tax Abatement Agreement and Agreement to Terminate Tax Abatement Agreement Dated November 24, 2008 Between the City of Paris, Texas and Campbell Soup Supply Company LLC on behalf of the City of Paris substantially according to the terms and conditions set forth in Exhibits 1 and 2. Section 6. That this approval and the execution of the agreements on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreement amendment or termination by any other taxing entity. DULY PASSED AND APPROVED this 22nd day of July, 2019. ............................... CITY Paula Portugal, Mayor(P o Tem O A�®®'_ ATTEST: ce Ellis, City Clerk AP OVED AS TO FORM: _.. _..�.............. .... Steph-I iie H. Harris, City Attorney THE STATE OF TEXAS COUNTY OF LAMAR ADDENDUM TO TAX ABATEMENT AGREEMENT This Addendum ("the ADDENDUM") to a tax abatement agreement ("the AGREEMENT") dated November 24, 2008 is entered into by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY"), and CAMPBELL SOUP SUPPLY COMPANY LLC acting by and through its authorized officer whose signature appears below (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, heretofore, on November 24, 2008, the CITY and OWNER entered into the Tax Abatement Agreement (the "AGREEMENT") attached hereto as Exhibit 1 and incorporated by reference as if fully set forth herein related to OWNER's Multi -Serve Serve Beverage Line (hereinafter referred to as the "Fusion Line"); and WHEREAS, the term of said AGREEMENT expires on December 31, 2019; and WHEREAS, said AGREEMENT relates to PROPERTY owned by OWNER within the City of Paris, which PROPERTY is located within an Enterprise Zone as set forth in the AGREEMENT; WHEREAS, the Texas Tax Code Sec. 312.208 and tax abatement guidelines in effect in 2013 and on the date of the execution of this ADDENDUM (a copy of which tax abatement guidelines effective January 22, 2018 are attached hereto as Exhibit 2 and incorporated herein by reference) allow for modifications of a tax abatement agreement during the term of said agreement; and WHEREAS, due to careful budgeting and better than expected efficiencies in the Fusion Line, OWNER was able to install said line with a lower capital investment than anticipated by the AGREEMENT and to operate said line with fewer than the number of employees anticipated by the AGREEMENT; and WHEREAS, due to prevailing conditions in the industry, OWNER has closed the Fusion Line, repurposed much of the equipment on said Fusion Line and diverted resources associated with the Fusion Line for production on OWNER's sauce line, and invested over $10,000,000 in said sauce production; and WHEREAS, given all of the above, OWNER has requested certain modifications to the AGREEMENT relating to the minimum capital investment for installing the Fusion Line and number of employees OWNER is required to maintain with respect to the Fusion Line at said PROPERTY during the AGREEMENT; and WHEREAS, the CITY has agreed to said modifications of the AGREEMENT because said modifications are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the CITY's policy on tax abatements and the ordinance creating such Enterprise Zone adopted by the CITY and all applicable laws and otherwise serve a public purpose in maintaining a major employer in the CITY; NOW, THEREFORE, The CITY and OWNER hereto do mutually contract and agree to modify the AGREEMENT as follows: A. The first sentence of Section 3.2 is hereby amended read as follows: "3.2 The REAL ESTATE IMPROVEMENTS and the PERSONAL PROPERTY IMPROVEMENTS will be at a cost equal to or in excess of $41,600,000.00 and shall be substantially completed during the month of July, 2009; provided, that OWNER shall have such additional time to complete the IMPROVEMENTS as may be required in the event of `force majeure' if OWNER is diligently and faithfully pursuing completion of the IMPROVEMENTS." B. Section 5.2 is hereby amended in its entirety to read as follows: "5.2 Not later than January 1, 2010, OWNER will create at least fifty-four (54) new, permanent, full-time jobs at its Paris, Texas plant for work to be performed substantially either (a) at the site of the IMPROVEMENTS, or (b) locally in support of operations performed by others at the site of the IMPROVEMENTS. Such jobs shall be filled with priority given to promote and/or retain among equally qualified job applicants the hiring of employees first from within the Enterprise Zone, second from within the corporate limits of the City of Paris, Texas, and third, from within Lamar County, Texas, subject to the laws and regulations of the United States of American and the State of Texas, and subject to any labor contracts currently in effect and any successive contracts or past practices. The OWNER agrees that it will not fill the new, permanent, full-time jobs with employees from among its current employees at the existing site without immediately filling the positions vacated by such employees." All other terms in the original AGREEMENT dated November 24, 2008 remain unaltered by this ADDENDUM, and remain in full force in effect as if fully set forth herein. WITNESS our hands this day of .2019. THE CITY OF PARIS, TEXAS By=_ _—_...........— ........................ Steven J. Clifford, M. D., Mayor 2 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney ATTEST: Secretary CAMPBELL SOUP SUPPLY COMPANY LLC A Texas Limited Liability Company Richard J. Landers, Vice President Tax & Real Estate LIST OF EXHIBITS TO THIS ADDENDUM: Exhibit 1: Tax Abatement Agreement dated November 24, 2008. Exhibit 2: CITY'S Guidelines and Criteria for Tax Abatements dated January 22, 2018. THE STATE OF TEXAS COUNTY OF LAMAR ADDENDUM TO TAX ABATEMENT AGREEMENT This Addendum ("the ADDENDUM") to a tax abatement agreement ("the AGREEMENT'S dated November 24, 2008 is entered into by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY"), and CAMPBELL SOUP SUPPLY COMPANY LLC acting by and through its authorized officer whose signature appears below (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, heretofore, on November 24, 2008, the CITY and OWNER entered into the Tax Abatement Agreement (the "AGREEMENT") attached hereto as Exhibit 1 and incorporated by reference as if fully set forth herein related to OWNER's Multi -Serve Serve Beverage Line (hereinafter referred to as the "Fusion Line"); and WHEREAS, the term of said AGREEMENT expires on December 31, 2019; and WHEREAS, said AGREEMENT relates to PROPERTY owned by OWNER within the City of Paris, which PROPERTY is located within an Enterprise Zone as set forth in the AGREEMENT; WHEREAS, the Texas Tax Code Sec. 312.208 and tax abatement guidelines in effect in 2013 and on the date of the execution of this ADDENDUM (a copy of which tax abatement guidelines effective January 22, 2018 are attached hereto as Exhibit 2 and incorporated herein by reference) allow for modifications of a tax abatement agreement during the term of said agreement; and WHEREAS, due to careful budgeting and better than expected efficiencies in the Fusion Line, OWNER was able to install said line with a lower capital investment than anticipated by the AGREEMENT and to operate said line with fewer than the number of employees anticipated by the AGREEMENT; and WHEREAS, due to prevailing conditions in the industry, OWNER has closed the Fusion Line, repurposed much of the equipment on said Fusion Line and diverted resources associated with the Fusion Line for production on OWNER's sauce line, and invested over $10,000,000 in said sauce production; and WHEREAS, given all of the above, OWNER has requested certain modifications to the AGREEMENT relating to the minimum capital investment for installing the Fusion Line and number of employees OWNER is required to maintain with respect to the Fusion Line at said PROPERTY during the AGREEMENT; and i5x,o i rr�-, WHEREAS, the CITY has agreed to said modifications of the AGREEMENT because said modifications are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the CITY's policy on tax abatements and the ordinance creating such Enterprise Zone adopted by the CITY and all applicable laws and otherwise serve a public purpose in maintaining a major employer in the CITY; NOW, THEREFORE, The CITY and OWNER hereto do mutually contract and agree to modify the AGREEMENT as follows: A. The first sentence of Section 3.2 is hereby amended read as follows: "3.2 The REAL ESTATE IMPROVEMENTS and the PERSONAL PROPERTY IMPROVEMENTS will be at a cost equal to or in excess of $41,600,000.00 and shall be substantially completed during the month of July, 2009; provided, that OWNER shall have such additional time to complete the IMPROVEMENTS as may be required in the event of `force majeure' if OWNER is diligently and faithfully pursuing completion of the IMPROVEMENTS." B. Section 5.2 is hereby amended in its entirety to read as follows: "5.2 Not later than January 1, 2010, OWNER will create at least fifty-four (54) new, permanent, full-time jobs at its Paris, Texas plant for work to be performed substantially either (a) at the site of the IMPROVEMENTS, or (b) locally in support of operations performed by others at the site of the IMPROVEMENTS. Such jobs shall be filled with priority given to promote and/or retain among equally qualified job applicants the hiring of employees first from within the Enterprise Zone, second from within the corporate limits of the City of Paris, Texas, and third, from within Lamar County, Texas, subject to the laws and regulations of the United States of American and the State of Texas, and subject to any labor contracts currently in effect and any successive contracts or past practices. The OWNER agrees that it will not fill the new, permanent, full -tune jobs with employees from among its current employees at the existing site without immediately filling the positions vacated by such employees." All other terms in the original AGREEMENT dated November 24, 2008 remain unaltered by this ADDENDUM, and remain in full force in effect as if fully set forth herein. WITNESS our hands this _ day of _, 2019. THE CITY OF PARIS, TEXAS Steven J. Clifford, M. ..._ D., Mayor 2 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney ATTEST: Secretary CAMPBELL SOUP SUPPLY COMPANY LLC A Texas Limited Liability Company M Richard J. Landers, Vice President Tax & Real Estate LIST OF EXMBITS TO THIS ADDENDUM: Exhibit 1: Tax Abatement Agreement dated November 24, 2008. Exhibit 2: CITY'S Guidelines and Criteria for Tax Abatements dated January 22, 2018. 3 THE STATE OF TEXAS COUNTY OF LAMAR TAX ABATEMENT AGREEMENT This agreement is entered into by and between the CITY OF PARIS, TEXAS, a home - rule municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY"), and CAMPBELL SOUP SUPPLY COMPANY LLC, acting by and through its authorized officer whose signature appears below (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, the City Council of the City of Paris did heretofore, on the 22nd day of September, 2004, by Resolution No. 2004-164, elect to be eligible to participate in tax abatement agreements in order to maintain and enhance the commercial and industrial economic and employment base of the Paris area for the long term interest and benefit of the City and its citizens; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 128' day of December, 2005, by Resolution No. 2005-144, as amended by Resolution No. 2006-042, dated March 13, 2006, pass and adopt a policy on tax abatement incentives and appropriate guidelines and criteria governing tax abatement agreements to be entered into by the CITY as required by the Property Redevelopment and Tax Abatement Act, as amended; WHEREAS, on November 24, 2008, the City Council of the City of Paris, Texas readopted and extended the Policy, Guidelines and Criteria for Tax Abatement Incentives for an additional two years or until such time they are further amended by Council; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 41" day of December, 1997, following public hearings as required by law, pass Resolution No. 97-143, establishing an Enterprise Zone in the City of Paris, Texas to encourage appropriate investments by the industrial and business community and to provide tax incentives within the zone to encourage said investment as authorized by the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, as amended (the "Act"); and WHEREAS, the PROPERTY, as defined herein, upon which the IMPROVEMENTS are to be located is situated within the Enterprise Zone and the contemplated use of the PROPERTY and IMPROVEMENTS, as hereinafter defined, in the amount as set forth in this AGREEMENT, and the other terms hereof are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the CITY's policy on tax abatement incentives and the ordinance creating such Enterprise Zone adopted by the CITY and all applicable laws. TAX AATERtFhr A E�9EAr- Page 1 NOW, THEREFORE, The Parties hereto do mutually contract and agree as follows: 9 1.1 The effective date of this AGREEMENT is the 24" day of November, 2008, with 1. 4 tax abatement 'beginning with the -tax year commencing January 1, 2010, and exparing on December 31, 2019., I. Area to be Improved 2.1 The IMPROVEMENTS to be the subject of this AGRFEEMENT consist of (1) improvement to an existing building on real estate ("'REAL ESTATE IWROVE MENTS,"), and (2) personal property, machinery and equipmentCTERSONAL PROPERTY IMPROVEMENTS"). Collectively, all such improvements which are the subject hereof -shall be called the 'IMPROVEM.EMIS. ". The IMPROVEMENTS shall be located upon and within the OWNER'S current facilities consisfing of land, 'buildings and other structural improvements situated at 500 Loop 286 NW, in the City of Paris, 'l.'..=ar County, Texas,herein called the "PROPERTY", as further depicted in Exhibit A attached hereto'and made a part -hereof for all purposes. 3.1 The -project contemplated in this AGREEMENT will include necessary REAL ESTATE IMPROVEMENTS to an existing building within OWNER'S Paris, Texas plant to modify the building to accommodale the OWNERS addition of a Juice Manufacturing Line of products., The IMPROVEMENTS will require engineering and des.ign work, procurement of equipment, infrastructure and utilities modifications and electrical and mechanical installation w 'thin the OWNERS Paris plant. The PERSONAL PROPERTY 1WROVEMENTS include new machinery and equipment capable of producing 12, 16, 46 and 64 ounce PET bottles for V- 8, Tomato, -P ion and Splash juice -varieties. This required equipment includes Preparation Processes, Product Blending Process, Juice Filling Process, and Labeling and Case Packing Process. All such equipment shall be particularly described in the Certificate of Completion prepared 'by OWNER after the completion and installation of the building 'improvements, personal property, machinery and equipment described herein. The Certificate of Completion shall be filed with the City Manager for the City of Paris, Texasand time ChiefAppraiw,.r of the 1,arnar County Appraisal District, Following review and confirmation of the inform aition provided in the Certificate of Completion, said Certificate %hall be duly executed by the Mayor of the Cit Exhibit —.. ...... I .y of Paris in -the form attached hereto as B. 3.2 The REAL ESTATE IMPROVEMENTS will be at a cost equal to or in excess of $1,155,000.00, AND THE PERSONAL PROPERTY IMPROVEMENTS will be at a cost equal to or in excess of $46,035,000.00 for the cost and installation of machinery and equipment, and shall be substantially completed during the month of July, 2009; provided, that OWNER shall have such additional time to complete the IMPROVEMENTS as may be required in the event of "force majeure" if OWNER is diligently and faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control of OWNER including, without limitation, acts of God, or the public enemy, any natural disaster, war, riot, civil commotion, insurrection, governmental or de facto governmental action, unless caused by acts or omissions of OWNER, fires, explosions, accidents, floods, and labor disputes or strikes. The date of completion of the IMPROVEMENTS shall be set forth in the Certificate of Completion prepared by OWNER and signed by the Mayor for the City of Paris, Texas. IV. Consideration Improvements 4.1 The OWNER agrees and covenants that it will diligently -and faithfully, in a good and workmanlike manner, pursue completion of the IMPROVEMENTS as provided herein. As a good and valuable consideration of this AGREEMENT, OWNER further covenants and agrees that all construction of the IMPROVEMENTS will be in accordance with all applicable state and - local laws, codes and regulations or will procure a valid waiver thereof. In further consideration, - OWNER shall, from the date a Certificate of Completion is issued, or that the IMPROVEMENTS are completed as agreed, until the expiration of this AGREEMENT, continuously operate and maintain the PROPERTY and IMPROVEMNETS, including the specific units of new machinery and equipment as identified herein, as a food and juice production plant. V. Consideration Jobs 5.1 The OWNER currently employs 382 persons in permanent hull -time jobs at its Paris, Texas plant that reside in the City of Paris, Texas; and it employs a total of 563 persons in permanent full-time jobs that reside in Lamar County, Texas. Additionally, OWNER currently employs 80 or more permanent full-time employees at its Paris, Texas plant that reside in the Enterprise Zone. 5.2 Not later than January 1, Zulu, OWNER will create at least fifty-seven (57) new, permanent, full-time jobs at its Paris, Texas, plant for work to be performed substantially either (a) at the site of the IMPROVEMENTS, or (b) locally in support of operations performed by others at the site of the IMPROVEMENTS. OWNER contemplates hiring 46 Production Operators, 6 Maintenance Personnel and 5 Other Personnel to comprise such new, permanent, full-time jobs. Such jobs shall be filled with priority being given to promote and/or retain among 7AX„ABA,T........,,,u NT ,L_.,. i T -Page 3 EiNENT AGR': ?�vpEm—. equally qualified job applicants the hiring of employees first from within -the Enterpnse Zone, second from -within the corporate limits of the City of Paris, Texas, and -third, from within Lamar County, Texas, subject to the laws and regulations of the United States. of America and the State of Texas, and subject to any labor contracts currently in e5ect and any successive contracts or past practices. The OWNER agrees that it will not fill the new, permanent, full -time jobswith employees from among its current em- loyees at the existing site without immediately filling the .P positions -vacated bysuch employees.. 5.3 OWNER agrees that during the term of this AGREEMENT it will not reduce.the total number of existing permanent Rill -time jobs at it's Paris, Texas plant (as referenced herein) plus 57 additional permanent full-time jobs as called for in this AGREEMENT. V1. Default/Liquidated Damages 6.1 In the event that (a.) the IMPROVEMENTS for which an abatement has been granted are not completed in accordance with this AGREEMENT or the expenditure for the IMPROVEMENTS does not meet the arno required herein.; or (b) the jobs required to be created and retained by OWNER, as provided in Article V herein, are not mainIain ed.in accord' nce with this AG REEMENT; or (c) OWNER allows its ad valorem taxes owed the CITY to become delinquent and fails to timely and properly follow the legal procedures for prof or. contest of any such ad valorem taxes; or (d) OWNER mat lily breaches any of the othea terms and conditions of this AGREEMENT, then OWNER shall be in default of this AGREEMENT. In the event the OWNER defaults in its performance of either (a), (b) (c) or .(d) above, they. the CITY shall give the OWNER written notice of such default and if the OWNER has not, cured such default within sixty (60) days of said written notice, this AGREEMEN"r maybe modied or terminated by the CITY. Notice shall be in accordance with .paragrakph 13.3. 6,2 As liquidated damages in the event of default, and in accordance with the requirements of Section 312.205 (a)(4) of the Property Tax Code of the State of Texas, all taxes which otherwise would have been paid by OWNER to the CITY without the bencfit of Abatement, together with interest to 'be charged at the statutory to for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties pie rmittedby the Property Redevelopment and Tax Abatement Act and the Property Tax Code of the State of Texas, shall be recaptured and will become a debt to the -CITY and shill be due, owing, and paid to the CITY within sixty (60) days of the expiration of the above-mentioned applicable cure period as the sole remedy of the CITY, subject. to any and all la offsets, settlements, deductions, or credits -to -which OWNER may be entitled. The .P - arties acknowledge that actual damages in the event of default and termination 'would be speculative and difficult to determine. I® Personal Property Tax Abatement 7.1 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 the ad valorem -P roperty . Page 4 Vill. No Conflict of Interest 9.1 The terms and conditions of the AGREEMENT are binding upon the successors and assigns of all parties hereto. 9.2 It is understood and agreed between the parties that the OWNER, in performing its obligations hereunder, is acting independently, and the CITY assumes no responsibility or EMKn - Page 5 liability in connection therewith to third parties; and OWNER agrees to indemnify and hold harmless the CITY therefrom. It is further understood and agreed among the parties that the CITY, in performing its obligations hereunder, is acting independently, and the OWNER assumes no responsibility or liability in connection therewith to third parties and, to the extent permissible by law, the CITY agrees to indemnify and hold harmless the OWNER therefrom. X. Compliance Provisions 10.1 The OWNER agrees that the CITY, its agents and employees, shall have the reasonable right of access to records concerning the OWNER's investment in the IMPROVEMENTS for the purpose of conducting an audit of the project improvements and project costs. Any such audit shall be made only after giving the OWNER notice at least fourteen (14) days in advance and will be conducted in such a manner as to not unreasonably interfere with the operation of the facility. Upon request, the OWNER will provide the CITY with a detailed Asset Report with an itemized list of assets placed into service from the date of execution of this AGREEMENT to December 31, 2019. The Asset Report will provide the date on which the asset was capitalized, the acquisition amount, and the accumulated depreciation amount. At the CITY's request, the OWNER will provide actual invoices to support the amounts shown on the Asset Report. 10.2 The OWNER further agrees that the CITY, its agents and employees, shall have reasonable right of access to the PROPERTY to inspect the IMPROVEMENTS in order to insure that the construction of the IMPROVEMENTS are in accordance with this AGREEMENT and all applicable state and local laws and regulations or valid waiver thereof. After completion of the IMPROVEMENTS, the CITY _shall have the continuing right to inspect the PROPERTY to insure that it is thereafter maintained and operated in accordance with this AGREEMENT during the term of the AGREEMENT, and OWNER shall provide evidence as to the creation of the fifty-seven (57) new, permanent, full time jobs described in this AGREEMENT. All inspections will be made only after giving the OWNER notice at least seventy-two (72) hours in advance and such inspections shall be conducted in such a manner so as not to interfere with the operation of the facility. Representatives of the CITY inspecting the PROPERTY and improvements shall be accompanied by one (1) or more representatives of the OWNER and shall sign an agreement promising to maintain the confidentiality of any information they obtain in connection therewith except for the purposes of assessing and collecting ad valorem taxes and verifying or enforcing compliance with this AGREEMENT. Said representative shall also be required to observe any facility rule and regulation applicable to the PROPERTY. Nothing herein shall be construed as limiting the CITY's ability to perform inspections or to enter the PROPERTY the subject of this AGREEMENT. XI. Initial and Annual Reporting 11.1 The OWNER further agrees that it will, within thirty (30) days of completion of the IMPROVEMENTS, provide CITY with a sworn report, written on company letterhead and TAX ABAT .NZh' A9 EEM ENT -Page 6 signed by an authorized representative of OWNER, which contains the following information: (a) Copy of the printout from the Lamar County Appraisal District showing the market value of the PROPERTY prior to the construction of the IMPROVEMENTS; (b) Detailed description of IMPROVEMENTS; (c) Detailed description of any miscellaneous items of office equipment and the actual cost of such added office equipment; (d) Copy of or identification of plans and specifications of constructed improvements and the location of the same for inspection by CITY's certification team; (e) Detailed list of and actual cost of added machinery and equipment; (fj Actual cost of capital IMPROVEMENTS; and, (g) Date of substantial completion of the IMPROVEMENTS as defined in paragraph 3.1 hereof. 11.2 The OWNER further agrees that it will provide CITY with an . annual, sworn report which contains the following information: (a) the name of each original hiree in the newly created job, date of hire, and place of residence of the hiree, and (b) statement 'as to -whether or not the fifty-seven (57) new, permanent, full time jobs are still in existence and filled, and (c) the name of the current employee in the newly created job, date of hire, and place of residence of the hiree. Additionally, OWNER shall certify, in writing, that it is in compliance with each applicable term of this AGREEMENT. Such annual report shall be furnished on the forms provided by the City and attached hereto as Exhibit D. 11.3 In addition to the annual report required under Section 11.2 hereof, the OWNER further agrees that it will provide CITY a copy of its Texas Workforce Commission Employer's Quarterly Report within thirty (30) days of its filing of the same with the Texas Workforce Commission. XII. Authority to Contract 12.1 , This AGREEMENT was authorized by resolution of the City Council at its regularly scheduled meeting on the 20 day of November, 2008, authorizing the Mayor to execute the AGREEMENT on behalf of the CITY. 12.2 This AGREEMENT was entered into by CAMPBELL SOUP SUPPLY COMPANY LLC (PARIS PLANT) pursuant to the authority granted to the authorized official whose signature appears below. 12.3. This AGREEMENT shall constitute a valid and binding AGREEMENT between the CITY and OWNER when executed in accordance herewith, regardless of whether any other taxing unit executes a similar agreement for tax abatement. XIII. Legal 13.1 No officer, official or agent of the CITY has the power to amend, modify or alter this AGREEMENT or waive any of its conditions or to bind the CITY by making any promise or representation not contained herein. 13.2 This AGREEMENT, except by operation of law, shall not be assigned or transferred by OWNER, without the prior written consent of CITY, which consent shall be at the sole discretion of the CITY. 13.3 Any written notice required or permitted under the terms of this AGREEMENT shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail,. addressed to the designated representative of the respective parties which are designated as follows: OWNER CITY CAMPBELL SOUP SUPPLY COMPANY LLC City Manager Attn: Richard J. Landers, V.P.-Taxes City of Paris 500 NW Loop 286 P. 0. Box 9037 Paris, TX 75461-9016 Paris, Texas 75461-9037 Witha Co 1—T -0 - Higgs A'ag rim/ 1 Campbell Place Camden, NJ 08101 Phone: (856) 968 - 2863 City Clerk City of Paris, Texas P. O. Box 9037 Paris, Texas 75461-9037 13.4 If any term or provision of this AGREEMENT shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said AGREEMENT shall not be affected thereby, and to this end the terms and provisions of said AGREEMENT are declared to be severable. 13.5 This AGREEMENT sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this AGREEMENT upon the date of execution hereof. None of the terms of this AGREEMENT shall be waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this AGREEMENT. The captions in this AGREEMENT are included for convenience only and shall not be taken into consideration in any construction or AX GHAT IMENT AC EE EnT - Page 9 interpretation of this AGREEMENT or any of its provisions. This AGREEMENT is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this AGREEMENT shall apply to, bind and inure to the benefit of the CITY, OWNER, and their respective successors, and permitted assigns, if any. 13.6 Venue for any actions arising under this AGREEMENT shall lie exclusively in the courts of Lamar County, Texas, for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any Federal Court action. Witness our hands this 24th day of November, 2008. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIl ar. Civ ttorney ATTEST: Secietary CITY OF PARIS, TEXAS By: CAMPBELL SOUP SUPPLY COMPANY LLC By: 1�^�� ..._. Richard 7. Lan ers, Vice President - Taxes TAXA ATEMENT G EE ENT- Page 9 1 )OIIBY , "�i�') T AA:.. BA'I E' N,IE:,.r' A(;Ryi ERIE 1" ;I (Follows this Page) E'�xhibit A I —:AS3 AV . . .. ........ (Follows this Page) CAMPBELL SOUP SUPPLY COMPANYLLLC PARIS TEXAS PLANT JUICE PROJECT MAJOR EQUIPMENT INCLUDED in PROJECT EMPTY BOTTLE DEPALLETIZER EMPTY BOTTLE CONVEYORS V -T & FUSION EXTRUCTORS CONTINUOUS BLEND SKID STERILIZER FILLER/CAPPER FULL BOTTLE CONVEYANCE FILL-LABLE COOLER INFEED & SPRAY COOLERS SHRINK LABELING MODULE LABELER FULL BOTTLE CONVEYANCE POST LABEL CASEPACKER CASE CONVEYORS FINISHED GOODS CASE PALLETIZER CITY OF PARIS, PARIS, TEXAS TAN AB.1'IT,?4IENT AND REINVESTMENT ZONE DESIGNATION APPLICATION T HISAPPLIC A TION MUST RE RECEII'ED B )'THE CITYNOT LESS THANSIXTi'(60)DAYS PRIOR TO THE DA TE TIM T CONSTR11CTIOl1' OF THE IMPROVEMENTS IS EXPECTED TO COMMENCE. 1 NAMF OF APPLICAN"f FIRM: C amllbell Souk SuJIti rvCompan�,mLLC 2. ADDRESS: e.xas 15,460 3. '11.1 :PIIONE: 903-784-3.341 4. PROJEC" 1 ADDRESS (if different from above): Sde as .•f? 5. TYPE ()1' BUSINESS ORGANIZATION (corporation, etc.): Limited liability Company 4. NAMI:(S) OF PRINCIPAL OWNERS OR OFFICERS: i,ist ,mt�:,V�r 7 IS THIS BUSINESS SEASONAL 1N NATURE: YES x NO S. NUMBER OF CURRENT EMPLOYEES: (in Enterprise Zone) 80 (in City of Paris) 382 (in Lamar County) 563 9. CURRI."NTPAY1101.1- (in City of Paris): S 15.3 million Ii) NUNVOR OF 'SEW JOBS PROPOSED: fifty-seven (57) 11 1.1S]''I"Ill-TYPEAND NUMBER OF NEW JOBS TO BE CREATED AND THE PROJECTEI) SALAR)'FOR EACH JOB: PT....od—uct-j-o11n—11-1 "I'llA.6 _fLpop Maintenance Personnel .... .... 2287/hour - Othlerlersonne.l.- 15-1,,'uqQpj , _1ij...O.Q.../hour 12. PLEASE PROVIDE INFORMATION PERTAINING TO THE TRANSFER OF JOBS RELATED TO rllF IMPROVEMENTS OR EXPANSION: Not -Agglicable 13. TOTAL IMPACT ON PAYROLL FROM NEW JOBS: 6pr(j0 Annuafl v 14. PRE -PROJECT MARKET VALUES, AS DETERMINED FOR LOCAL PROPERTY TAXATION, OF THE. EXISTING FACILITY, SITE, TANGIBLE PERSONAL PROPERTY, AND INVENTORY: A. REAL PROPERTY: $14,1599690 B. 'rANGIBLE PERSONAL PROPERTY $116,263,770 15 GIVE A DETAILED DESCRIPTION OF THE PROPOSED IMPROVEMENTS OR EXPANSION (ATTACH ADDITIONAL SHEETS, IF NECESSARY): Juice Manufacturing L e - includes ca rabilitpfor 1,;.,16,46 and 64 oz PET bottles for V8.jqr V -Fusion and SpI shjqj_qg_y4Kjqjjps Required� —uw rrment includes P ati'on ..P... r..ocesses, Product Blend in R Process, uice Fil lip.L,Prpge_ss ,and Labeling, and Case Pack,in,,ftceg, L _ 16. THE ESTIMATED DATE OF COMPLETION OF THE IMPROVEMENTS: July 2009 17. THE ESTIMATED DATE OF OPERATION OF THE IMPROVEMENTS OR EXPANSION: A.u.6,—m-290-9 19, ESTIMATES OF AMOUNTS TO BE INVESTED: A. PURC14ASE OF I -AN DiB Ul LDING: S none B. NEW BUILDING CONSTRUCTION: S none C. BUJI.I.)1NG ADDI'1 IONS: none 1). IMPROVE MINI S TO EXISTING BLDG. S ,(.1_„5.5,909 46,035:,000 R�1AC'HINERl b. EQUIPMENT 5 F FURNITURE & FIXTURES: S none ' 4. TOTAL IN\ ESTl1>IENT AMOUNT S7 190000 _............. 19. TOTAL INVESTMENT ELIGIBLE' FOR ABA'T'EMENT: f' _ from item 18 (please circle) A B C �!D E F 20. LIS1 1'IIF1 YPE AND VALUE OF ECONOMIC DEVELOPMENT INCENTIVES REQUESTEI) TAX ABATEMENT, LOCAL SALES TAX REFUND, SALE OF CITY -OWNED PROPER -1 Y, ETC.): S 47, 190000 2) FOR 7 OTA 1, PERSONAL PROPERTY INVESTMENT INDICATED ABOVE IN ITEM 19, LINES E & F. SHOW PROJECTED DOLLAR VALUE IN EACH DEPRECIATION SCHEDULE. 1. (7 yr) IV. (16 yr) II. H 0 NT) V. (18 yr) III. (12 yr) S 46,035 O00 VI, (40 yr) $ 1 � 1.55 ,0..00 22. S'I ANDARD INDUSTRIAL CLASSIFICATION (SIC) NUMBER: 311900 23. NAME, ADDRESS, AND PHONE NUMBER OF CONTACT FOR THE PURPOSES OF THIS APPLICATION - Richard �;`uuarleg -1'h# 903-737-22G8 24 INDICATE] lli.: D.AI F ANI) TINIE THAT CITY OFFICIAIS MAY INSPECT THE CURRENT I :AO'11.]-l'IFS ITIOR TO TI iE C'OMMENCEMENT OF CONSTRUCTION: ION: 25. ]F APPLICABLE. THE NAME., ADDRESS, AND PHONE NUMBER OF ANY CONSULTANT/ FINANCIAL ADVISOR ASSISTING YOU WITH THIS APPLICATION: None 26. Chapter 2264 of the Texas Government Code requires that each business that submits an application to receive a public subsidy include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented %%-orker. An undocumented worker means an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under the law to be employed in that manner in the United States. If after receiving a public subsidy, the business, or a branch , division, or department of the business, is convicted of a violation under 8 U.S.C. Section 1324a(f), the business shall repay the amount of the public subsidy with interest, at the rate and according to the other terms provided by an agreement under Section 2264.053, not later than the 120th day after the date the public agency; state or local taxing jurisdiction, or economic development corporation notifies the business of the violation. 1 hereby certify that Campbell Soup Supply Company, LLC Paris, Texas Plant is in compliance with Chapter 2264 of the Texas Government Code. 27. NAME AND TITLE OF PERSON WHO WILL HAVE AUTHORITY TO SIGN ANY AGREEMENTS RELATED 3'0 THIS APPLICATION: 28. DO YOU INTEND TO SUBMIT AN ENTERPRISE PROJECT APPLICATION? NO 29. PI-EAS1: ATTACH THE FOLLOWING: A PLAT SHOWING THE PRECISE LOCATION OF THE PROPERTY, ALL ROADWAYS WITHIN 200 FEET OF THE SITE, AND ALL EXISTING ZONING AND LAND USES WITHIN 200 FEET TO THE SITE. Available upon request. The project will take place in the existing plant. IF THE PROPERTY IS DESCRIBED BY METES AND BOUNDS, A COMPLETE LEGAL DESCRIPTION. Available upon request. The project will take place in the existing plant. :3. 1F A RECENT APPRAISAL HAS BEEN DONE, ATTACH THE SAME HERETO. OTHERWISE, ATTACH A COPY OF THE PRINTOUT FROM THE LAMAR COUNTY APPRAISAL DISTRICT WHICH SHOWS THE VALUE OF THE PROPERTY. THIS PRINTOUT SHOULD BE AVAILABLE UPON REQUEST Cosimh of:" appra�sa)s �,it�ached CERTIFICATIONS THE APPLICANT BELIEVES THE INFORNATION CONTAINED HEREIN ARD SUBMITTED HEREWITH IS COMPI,OPYC AND CORRECT TO THE BEST OF HIS OR HER KNOWLEI)GE. THE APPLICANT HEREBY CERTIFIES TRNT `.rHE EXPANSION OR CONSTRUCTION OF IMPROVEMENTS THESU&JECT OF THISSAPPI(7.ATION' HAS NOT BEEN COPWENICF'I). "ANT UNDER,`,.397ANDS THAT INITIAT1011IJ OF' T'11E PRO 'CT PR: OR THE APPLIC � J 1� 9 1 TO RF-.lCEI,,lJrlNl(3 FINAL LOCAI., APPROVAl MAY RESULT IN THE LOSS OF' rPHE ABATE11ENT.. THE APPLICANT UNDERSTANDS THAT, IF APPROVED, THE INFORMATION CONTAINED liq ri-IIS ATI PLT CATION WILL 11,FORM 7HE BASIS�FOR, A, SIGNEl) Al(3REEMrlTT BETWEEN THE APPLICANT FIRM AND THE CITY. STATE YE T' AND LOCAL POLICY REQUIRE ANNUAL MONITORING FOR COMPLIANCE TO THAT AGREEMENT. FAILURE ITO COMPLY YJAY RESULT IN 1,0&1-3 077 TWENTIVES, THE APPLICANT HEREBY CERTIFIES THN.P THE FIRM is cur -'"IT wr, A& TAX OBLIGATIONS '1'0 '1'HE CITY OF' PAR ]I COMPANY: By: ........... . (signature} ........ Name: ft .......... Ti t1w VP -- — ---- --- ----- Date: to/ W, 00 CAMPBELL SOUP SUPPLY COMPANY, LLC ..��.� . PARIS TEXAS PLANT JUICE PROJECT 2008 APPRAISED VALUE DESCRIPTION VALUE LAND $ 903,620 (refernee attached tax statements) BUILDING ! BLDG IMP $ 13,349,130 14,252,750m ttl land&bldga � „ E w M&E $ 62,408,380 cold data W y m 230 �..,......0 ►en....b ted PERSONAL PROPERTY S 1,792,990 INVENTORY $ 52,062,420 ttll.. m..m TOTAL VALUE 13®,516,540 mwlasm; �mm I mm ml129,ti12.420 l:apmtol Apprasmal mmlllmmm (see oppr W attached) ..., TRX I13 CAP I T 0 L A -PRAI SAL GROUP INC 11,'2CI08 14.27 TAX YEAS 2008 INDUSTRIAL PROPERTY F1. PAGE 1 DETAIL LISTING INCLUDING WITHHELD ITEMS u.. -ENT: 139 LAMAR COUNTY APPR DIST OWNER I 000200 C,,,INER : CAMPBELL SOUP COMPANY P.O. Box 116 .4001002) END=Z PARIS TX 75460 ITEM PC DESCRIPTION C -S -T -R -W -M -F -H -D-1-2-3 2007 VALUE 2008 VALUE 010 F2 L -N -P- _ _ - -P- - 8,661,290 8,740,690 IMPROVEMENTS 38122 020 L2 10,191,760 10,910;580 MACHINERY AND EQUIPMENT 67453 025 F2 L--N-P- - - - -P- - 4,730,750 4 608 440 PREGO PLANT -BUILDINGS 108618 028 F2 L -N -P- _ - - -P- 15,9008470 15,547,560 PREGO PLANT -PROCESS IMPROVEMEENTS 111150 030 L2 L -N -P- - -:... 1 867,080 1 792,990 PERSONAL PROPERTY 118992 040 L2 L -N -P- - - - - - -P- 37,385 260 43,942,830 INVENTORY AT 100% 105335 080 L2 _ _p_ 10'007,100 7,731,190 PACFINISHED1G00D^ 2300 SW WE $ 107658 086 L2 L_C_P_ _ _ _P_ - 0 0 INV. AT WE PACK - CLARKSVILLE ST 402873EANDGOODS 2874 096 L2 RND@R100� - - - - 0 388,400 INV. @ 6875 LAMAR FINISHED GOODS 402875 T.C'AX 113 C A P .L' 0 .d,..d' R A ..d_ S A L G Y.'9. 0 U P I N Wim. 11./207/08 14.27 T YEAxw 2008 1'NDU T'R1AL PROPERTY Fl—.W, DETAIL LISTING INCLUDING WITHHELD ITEMS C—ENT: 139 LA14AR COUNTY .APP.R ;01ST OWNER ID. 000200 OWNER:: OAdQEELL ROUP COMPANY (001002 Pm � BOX 1.16 REND=Z PARIS TX 75460 STEM PO L:ESCRIPTION C— wT'—R._ — — ._H—L-1.-2-3 2007 VALUE 100 F2 PACE IMPROVEMENTS L —ABATED 7 Rs.v —P— 19, 761, 930 YR 1 = 2000 838122 O0353EL WITH ITEM 110 FOR. 2008 2008 VALUE 0 1.1.0 .F2 PACE IMPROVEMENTS _ _ _ —P— 19®751.,9.30 20,186,010 400,354 1.30 L2 L, P— P— _ _ _ m ._ _ P._ 0 0 INV. AT WE PACK W/R 7TH SE STREET AND 402338 140 L2 L_P_P_ _ n _ _ _P_ _ 275,000 0 3820 LAMAR AVE. 405625 AND 405626 1.50 L2 L.—N—P— 1, 065, 000 0 la 6290 1271 NORTH POWLERL 405627 AND 405628 .160 F2 L.__._P— ® ® ® m — _p_ m 8,429,800 15,764,230 DOLL BLEND LINE — ABATED ACCT . :11.7202 Eu A 1..00 Ery A 1.00 161 F2 COLD EL., LINE m NON—ABATED ACCT -... .... _ 8, 42.9p 800 15,764,230 117204 OWNER....,...... ,� ............... .., , ......, , ..... ...�..., ...,.�.�....,...�.,.,.,..,.,w..,.,__. 920 TOTALS --==-� 138,017,370 129,612, P XHIBI'l i%BAITNIENTAU E (Follows this Page) L:.I1IL'i'T' L CERTIFICATE OF COMPLETION STA'L'E OF TEXAS § COUNTY OF LAMAR § CITY OF PARIS § The County of Lamar has executed a tax abatement agreement with CAMPBELL SOUP SUPPLY COMPANY LLC (the "Owner") for the inclusion of new improvements and equipment within its existing plant in Paris, Lamar County, 'texas. The Owner has complied with all terms of the tax abatement agreement and the County of Lamar herein verifies that the improvements agreed to be built or used were in fact completed, as provided. NOW THEREFORE. the County of Lamar authorizes that the property described herein shall receive a tax abatement of 100% of the taxes assessed upon the value of the new improvements included within its property in accordance with the Tax Abatement Agreement signed November 24, 2008, with the tax abatement beginning January 1, 2010, and extending for a duration of ten (10) years until December 31, 2019 APPROVED this 24`h day of November, 2008. 1 JIM r t'. ATTEST: Lamar ,�... _�.. "i,xW � ( � liINIENT m ' " . N � B, ...... (Follows this Page) Campbell Soup Documents Summary August 2008 Board minutes reflect the following: Executive session ended at 6:35 p.m. John Wright made a motion to approve an expansion incentive agreement ibr Campbell Soup where the PEDC advocates: • 100% real and personal property tax abatement over ten (10) years with the City, County and PJC on their new product line entitled Fusion. • $227.500.00 toward the training of 65 new employees related to the new production line. • And $3800.00 cash grant for each new permanent employee, related to the expansion, over their current total workforce of 800. The total not to exceed $250,000.00. The motion passed unanimously on a second by Dick Severson. November 2008 Tax abatement agreement executed between Soup and City and County March 2009 Found draft of Incentive Agreement saved on Director's computer. NOTE—I have found NO signed copy of this document. Draft references the following incentives: a Creation oi'65 FTE jots. retention of 1000 current FTE jobs, $3500 for each new FTE job created above 1000 (page 1. paragraph 6) $227.000 for workforce development and training Agreement effective as of March 1, 2009, effective for 60 months (page 2, paragraph 1) Maintain at least 1000 jobs (page 2, paragraph 4) • $3500 paid for each additional FTE over 1000, not to exceed $250,000 (page 2, paragraph 6) • $227.000 for workforce development and/or training (page 2, paragraph 8) • Maintain a workforce of no less than 1000 ITE (page 2, paragraph 9) June 2009 PEDC board meeting minutes from June 9"' reference board approval of the following for Soup: As a result of executive session discussion. the board authorized an incentive package for Campbell Soup of up to $100,000 for training and up to a $100,000 cash grant upon net gain and maintaining of employees above their current employment level. The action passed unanimously an a motion by Dan Smith. seconded by John Wright. Found letter dated June 23�d with electronic signature of Director. NOTE—there is no indication of whether or not this letter was sent to Soup. The letter references the following incentives as approved by the PEDC board for Cold Blend expansion: $100.000 in workforce training finds • $5000 per additional FT over and above 850 employees_ not to exceed $50,000 October 2009 Received letter lrom Soup requesting payment of'S475,000 in incentives ($225.000 cash grant, $250,000 workforce development/training funds). Enclosed with letter is an incentive agreement between Soup and PEDC. NOTE—the enclosed agreement is NOT fully executed (only signed by Richard Landers of Soup) and I hai a not seen a fully executed copy; nor do I have even a draft of'the agreement as it is presented by Soup. The agreement references the following incentives for new beverage line; Creation of 54 FTE jobs, retention of 563 current FTE jobs of Lamar Co. residents. $225.000 for nexv FTI: ,job created above 563 (page 1. paragraph 6) $250.000 for %vorkforee development and training UAgreement efTective as of Auiust i . 2009. effective for 60 months (page 2. paragraph 1) Maintain at least 563 jobs of Lamar Co. residents (page 2. paragraph 4) $225.000 paid for the additional 54 FTE over 563 (page 2. paragraph 6) $250.000 forworkforce development and/or training (page 2, paragraph 8) Maintain a work, force of no less than 563 FTE of Lamar Co. residents (page 2. paragraph g) -511 s M- L the undersigned, on my oath as a corporate officer, and duly authorized to make this Affidavit on behalf of (Company Name) hereby swear and affirm that the documentation and information prepared under my direction and attached hereto, containing the names, hire dates, wage levels and place of residence of those employees filling (number) m_ new, full-time jobs created during the calendar year ww , in accordance with the terms of the (check all that apply) incentive and/or abatement agreement(s) dated —11111111111-1-111111-1, 20 , are, in all things true and correct. Witness my hand this — , .. ......._ day of m.m......m _.�, 20 Name: Title: Signature: STATE OF TEXAS } } COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Notary Public, State of Texas CERTIFICATION I, the undersigned, hereby certify that the (number) MMMMMM� new, full-time jobs created during the calendar year .w,.. ._ . in accordance with the terms of the (check all that apply) incentive and/or abatement agreement(s) dated� IT 1 20..... are still in existence and filled by permanent employees. I fiuther certify that (Company Name) is in compliance with each applicable term of the aforementioned agreement(s). Witness my hand this . m_ ......................... day of - 0 Name: Title: Signature: STATE OF TEXAS ) ) COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 20 THE STATE OF TEXAS COUNTY OF LAMAR AGREEMENT TO TERMINATE TAX ABATEMENT AGREEMENT DATED NOVEMBER 24, 2008 BETWEEN THE CITY OF PARIS, TEXAS AND CAMPBELL SOUP SUPPLY COMPANY LLC This Agreement to Terminate (the "TERMINATION AGREEMENT") a Tax Abatement Agreement (the "AGREEMENT") dated November 24, 2008, as modified by the ADDENDUM (as defined below) is entered into by and between the CITY OF PARIS, TEXAS ("CITY"), a Texas municipal corporation situated in Lamar County, Texas, acting by its authorized officer whose signature appears below, and CAMPBELL SOUP SUPPLY COMPANY LLC ("OWNER") acting by and through its authorized officer whose signature appears below. WITNESSETH: WHEREAS, heretofore, on November 24, 2008, the CITY and OWNER entered into the Tax Abatement Agreement (the "AGREEMENT"), attached as hereto as Exhibit 1 of Exhibit A hereto and incorporated by reference as if fully set forth herein, related to OWNER's Multi - Serve Beverage Line (also referred to as the "Fusion Line"); and WHEREAS, heretofore, on July 22, 2019, CITY and OWNER entered into an Addendum to Tax Abatement Agreement (the "ADDENDUM"), attached hereto as Exhibit A and incorporated by reference as if fully set forth herein, modifying certain terms of said AGREEMENT; and WHEREAS, the term of said AGREEMENT, as modified by the ADDENDUM, expires on December 31, 2019; and WHEREAS, said AGREEMENT relates to PROPERTY owned by OWNER within the City of Paris, which PROPERTY is located within an Enterprise Zone as set forth in the AGREEMENT; WHEREAS, the Texas Tax Code Sec. 312.208(b) provides that a tax abatement agreement may be terminated by mutual consent of the parties in the same manner that the agreement was approved and executed; and WHEREAS, due to prevailing conditions in the industry, OWNEK has closed the Fusion Line at OWNER's PROPERTY and has diverted resources associated with the Fusion Line to sauce production within the Paris, Texas facility and has furthermore made an additional capital investment in said sauce production of over $10,000,000.00; and WHEREAS, as a result of this determination, OWNER has asked to terminate the AGREEMENT; and 6Ah;64 WHEREAS, at the time of this TERMINATION AGREEMENT, OWNER is in full compliance with the terms of the AGREEMENT, as modified by the ADDENDUM; and WHEREAS, the CITY has agreed to said termination of the AGREEMENT because the redirection of resources from the Fusion Line to sauce production is in the best interest of the CITY and the Enterprise Zone in that it will contribute to the sustainability and growth of OWNER's PROPERTY; and WHEREAS, termination of the AGREEMENT is consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and is in compliance with the CITY's policy on tax abatements and all applicable laws and otherwise serves a public purpose in maintaining a major employer in the CITY; NOW, THEREFORE, For all of the foregoing reasons, CITY and OWNER hereto do hereby mutually contract and agree to terminate the Tax Abatement Agreement dated November 24, 2008 and attached hereto as Exhibit 1 to Exhibit A and incorporated herein by reference, as modified by the Addendum to Tax Abatement Agreement dated July 22, 2019 and attached hereto as Exhibit A and incorporated by reference. Henceforth, neither CITY nor OWNER owe any further obligations to one another as a result of the AGREEMENT or the ADDENDUM, and no tax abatement shall be granted on the property the subject of the AGREEMENT for tax year 2019. WITNESS our hands this _ day of 2019. THE CITY OF PARIS, TEXAS La ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 2 Steven J. Clifford, M. D., Mayor CAMPBELL SOUP SUPPLY COMPANY LLC A Texas Limited Liability Company Lo ATTEST: Secretary Richard J. Landers, Vice President Tax & Real Estate LIST OF EXHIBITS TO THIS AGREEMENT: Exhibit A 1:Tax Abatement Agreement dated February 25, 2013 Exhibit A:Addendum to Tax Abatement Agreement dated October 23, 2017.