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2013-016 RES APPROVING AND AUTHORIZING TAX ABATEMENT AGREEMENT WITH JAMES SKINNER CORESOLUTION NO. 2013-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH JAMES SKINNER CO.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has been presented a proposed agreement by and between the City of Paris, Texas and James Skinner Co., providing for a commercial and industrial tax abatement for certain improvements, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference hereinafter called "Agreement"; and, WHEREAS, a public hearing was held before the City Council on Apri122, 2013, to allow interested persons to speak about the proposed Tax Abatement Agreement; and, WHEREAS, upon review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof meet the Guidelines and Criteria for Tax Abatement and should be approved, and that the Mayor should be authorized to execute it on behalf of the City of Paris, Texas. 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 terms of the Tax Abatement Agreement attached hereto as Exhibit "A" and the property the subject thereof ineet the City's Guidelines and Criteria for Tax Abatement adopted by the City of Paris by Resolution No. 2012-072 passed on August 13, 2012. Section 3. That the terms and conditions of the Tax Abatement Agreement between the City and James Skinner Co. having been reviewed by the City Council of the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris substantially according to the terms and conditions set forth in the Agreement attached hereto as Exhibit "A". Section 5. That the planned use of the property the subject of the tax abatement, will not constitute a hazard to public safety, health, or morals. Section 6. That this approval and execution of the Agreement on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreement by any other taxing entity. DULY PASSED AND APPROVED this 22nd day of April, 2013. ATTEST: � t � nice Ellis, City Clerk APPROVED AS TO FORM: ,�ii�i: • I i�.�"V ' � � . , THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) TAX ABATEMENT AGREEMENT This agreement 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 THE JAMES SHINNER CO., a Nebraska corporation, 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, Texas, did heretofore, on the 13th day of August, 2012, in Resolution No. 2012-07, 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, under the Texas Enterprise Zone Act (Government Code Chapter 2303), the designation of an area as an Enterprise Zone also constitutes designation of the area as a reinvestment zone (the "Reinvestment Zone"); and pursuant to the 2010 Census, the PROPERTY of the OWNER within City of Paris, Texas, is included within an ENTERPRISE ZONE, as is shown in the print-out from the Office of the Governor of the State of Texas on its website in Exhibit A, attached hereto and made a part hereof for all purposes; and WHEREAS, the contemplated use of the IMPROVEMENTS, as hereinafter defined, in the amount as set forth in this AGREEMENT upon and within the PROPERTY (herein called the PROJECT), 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; and WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of August, 2012 in Resolution No. 2012-072, pass and adopt 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; NOW, THEREFORE, The Parties hereto do mutually contract and agree as follows: 1 I. Term 1.1 The effective date of this AGREEMENT is the 22°d day of April, 2013, with tax abatement beginning on January 1, 2014, and expiring on December 31, 2023. II. Area to be Improved 2.1 The PROJECT consists of new building modifications to the real property of the OWNER, and the addition and installation of equipment and personal property described in Article III, below, all to be performed by OWNER within an existing building of the OWNER at the OWNER'S plant in Paris, Lamar County, Texas. Collectively, all such improvements which are the subject hereof shall be called the "IMPROVEMENTS". The IMPROVEMENTS shall be located upon and within the OWNER'S current facilities consisting of the OWNER'S land described in Exhibit B, attached hereto and made a part hereof for all purposes (as are all Exhibits which are mentioned herein), and within the building at the location shown within the drawings also attached hereto as a part of Exhibit B. The land and building are herein together called the "PROPERTY". III. Improvements 3.1 The installation of the IMPROVEMENTS will require engineering, design and construction work to prepare the site within OWNER'S building where the new equipment will be located, and the procurement of equipment, infrastructure and utilities modifications and electrical and mechanical installation. The IMPROVEMENTS are being made to enable the OWNER to manufacture bakery products such as various pastries, Danish and coffee cake categories at the PROPERTY. The IMPROVEMENTS to be constructed and otherwise added and implemented at OWNER'S PROPERTY are described as follows: A. To the real property and existing building of OWNER on the PROPERTY, building modifications to support proper operation, sanitation and installation of the new equipment and production lines to manufacture OWNER'S baking products. These modifications include updated utilities, floor, wall, and ceiling changes and finishes, as well as some structural improvements to the building to support static, live and dynamic equipment loading. B. Within the existing building of OWNER, it is planned by OWNER to establish a sweet dough production line, a croissant production line, a fruit filling production line, a frozen dough production line, a pound cake production line, a snack cake production line, a clam shell production line, a muffin production line, and ongoing capital improvements to the various production lines, equipment and facilities in the building. �� A total of $19,400,000.00 will be spent by OWNER in making these IMPROVEMENTS to the PROPERTY during the term of this tax abatement agreement. All such IMPROVEMENTS will be described in the CITY'S Certificate of Completion prepared after the completion and installation of the above described building modifications and improvements, personal property, machinery and equipment. The description shall be furnished by OWNER to CITY in OWNER'S sworn report described in Section 11.1, below and attached to CITY'S Certificate of Completion. The description shall also be filed with the Chief Appraiser of the Lamar County Appraisal District. Said Certificate shall be duly executed by the Mayor of the City of Paris in the form attached hereto as Exhibit C. The IMPROVEMENTS will be at a cost equal to or in excess of $19,400,000.00 for the capital cost and installation of the building modifications, machinery, equipment and production lines. Site preparation shall occur during April, 2013, immediately after this Agreement is executed and approved by the CITY; installation shall commence in May, 2013; and production is expected to commence as soon as possible thereafter during the year, 2013. OWNER contemplates that all such IMPROVEMENTS shall be completed by the end of the year, 2017; 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 installation 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 reflected in the Certificate of Completion issued by the City of Paris, Texas, referred to above. IV. Consideration (Improvements) 4.1 The OWNER agrees and covenants that it will diligently and faithfully, in a good and workmanlike manner, pursue the completion of the IMPROVEMENTS. As a good and valuable consideration for 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 OWNER will procure a valid waiver thereof. In further consideration, OWNER shall thereafter, 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, including the specific units of new machinery and equipment as identified herein, as a food production plant. V. Consideration (Jobs) 5.1 OWNER agrees that it will employ full-time employees to operate the new lines of production described above to be conducted at the PROPERTY, provided, however, that the 3 number of employees projected below may vary one way or another by a few employees as this PROJECT proceeds to be implemented. OWNER will employ 100 full-time employees to work at the PROPERTY during the year, 2013; and will have 200 total full-time employees working at the PROPERTY by the end of the year, 2014. The number of employees shall then increase to 393 full-time employees by the end of the year, 2017. 5.2 OWNER agrees to maintain a minimum of 393 full-time employees at the PROPERTY from the end of calendar year 2017 through the end of this Tax Abatement Agreement (December 31, 2023) and thereafter to retain sufficient employment levels to efficiently operate and support its plant operations going forward. VI. Default 6.1 If (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 amount required herein; or (b) OWNER fails to employ the number of full-time employees at the PROPERTY by the end of the years 2013, 2014 and 2017, respectively, and throughout the term of this Agreement as stated in Sections 5.1 and 5.2 above; 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 protest or contest of any such ad valorem taxes; or (d) OWNER materially breaches any of the other terms, provisions or conditions of this AGREEMENT, then this AGREEMENT shall be in default. In the event the OWNER defaults in its performance of either (a), (b), (c) or (d) above, then 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 AGREEMENT may be modified or terminated by the CITY. Notice shall be in accordance with paragraph 13.3. 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 to the CITY without the benefit of abatement, together with interest to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties permitted by 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 shall 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 lawful offsets, settlements, deductions, or credits to which OWNER may be entitled. The parties acknowledge that actual damages in the event of default and termination would be speculative and difficult to determine. VII. Real and 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 property taxes assessed upon the IMPROVEMENTS and otherwise owed to the CITY shall be abated as is stated in this Section. Said abatement shall be an amount equal to one hundred percent (100%) of the taxes assessed upon the completed value of the IMPROVEMENTS, as they are 4 completed from year to year during the term of this tax abatement, minus the value of the PROPERTY appraised as of January 1, 2013 (which is the value for the year in which this AGREEMENT is executed), but subject, however, to OWNER'S rights to protest such value and cause it to be adjusted as is provided for under the applicable laws of the State of Texas. The ad valorem taxes assessed against the PROPERTY described herein shall continue to be abated at 100% of their assessed value for each year of the ten (10) year term of this AGREEMENT over and above the value of the PROPERTY appraised as of January 1, 2013, as adjusted by the result of any protest proceeding brought by OWNER, if any. This tax abatement shall be implemented and enforced in accordance with all applicable state and local laws and regulations or valid waiver thereof; provided that the OWNER shall have the right to protest or contest any assessment of the PROPERTY, and said abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest or contest. For the purposes of this AGREEMENT, the initial value of the existing property of the OWNER that is not subject to tax abatement is the appraised value of the Land, Buildings and tangible Personal Property, if any, as of January 1, 2013. The tax abatement which is the subiect of this AGREEMENT shall extend for a period of time beginning on Januarv 1, 2014, and terminating on December 31, 2023. 7.2 The abatement granted herein shall be subject to and governed by the POLICY STATEMENT CRITERIA AND GUIDELINES for TAX ABATEMENT, a copy of which is attached hereto as Exhibit D. OWNER shall comply with the requirements of Exhibit D in the performance of this AGREEMENT, save and except that, in the event of a conflict between the requirements of Exhibit D and this AGREEMENT, this AGREEMENT shall control. VIII. No Conflict of Interest 8.1 The OWNER represents and warrants that neither the PROPERTY nor the IMPROVEMENTS include any real or personal property that is owned or leased by a member of the Planning and Zoning Commission of the City of Paris, nor by a member of the City Council approving, or having responsibility for the approval of, this AGREEMENT. IX. Conditions 9.1 The terms and conditions of this AGREEMENT are binding upon the parties hereto and their successors and assigns. 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 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. 5 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, 2014, and annually thereafter. 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. 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 which is 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 the CITY with a sworn report, written on OWNER'S letterhead and signed by a designated representative of OWNER, which contains the following information: (a) 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 the IMPROVEMENTS; 6 (c) A detailed description of any miscellaneous items of office equipment and the actual cost of such added office equipment; (d) A 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) A detailed list of and the actual cost of added machinery and equipment; ( fl The actual cost of capital IMPROVEMENTS; and, (g) The date of substantial completion of the IMPROVEMENTS as defined in paragraph 3.1 hereof: and 11.2 The OWNER further agrees that it will provide CITY with an annual, sworn report which 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. 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 22"d day of April, 2013, authorizing the Mayor to execute the AGREEMENT on behalf of the CITY. 12.2 This AGREEMENT was entered into by OWNER 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 7 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: THE JAMES SKINNER CO. Attn: Shawn Bushouse, CFO 4651 F Street Omaha, NE 68117 CITY: CITY OF PARIS, TEXAS Attn: City Manager P. O. Box 9037 Paris, TX 75461-9037 With a copy to• City Clerk, City of Paris, Texas (address same as above) 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 this 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 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 22ND day of April, 2013. : ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney THE CITY OF PARIS, TEXAS I� A. J. Hashmi, M. D., Mayor THE JAMES SKINNER CO., A Nebraska corporation I: Audie Keaton, President and Chief Executive Officer � LIST OF EXHIBITS TO THIS AGREEMENT: A= 2010 Designation of Enterprise Zone which includes OWNER'S PROPERTY B= Legal Description of the PROPERTY and Drawings showing the building(s) and the location of the IMPROVEMENTS within them. C= CITY'S Certificate of Completion D= CITY'S Guidelines and Criteria for Tax Abatements 10 EXHIBIT A c� ,.�; N U � � O � N +�-�' N � N � � �; ¢ � � � �, � �, � -_ � � � �� _ ��� � _ � � � O' � � � r � � a� � O N .� � �� �c� W c f4 � J � � � 0 U a � a :�e � h � � ti a� E-� � � � � � 0 N 0 N 0 � � � � � � E� � .� a � a� oa � O ti GS a� .� �i. �� G p W N L� 00 a� � � � 0 t� `C7 d� CC � C'� W C 0� '� c � � � � � � � ti� .cL C :ct c �L i� �� � t7 i i � di �"' i0i � � � O W O+�r.- d'C L V �" �' � 4L, C:L t.i.. � U.. � t�L � tl,a 4L., � O Q O,� O oC O�� Q� �� �� �IL �4w �m ❑ a ❑ ❑ ❑ ;� �� �� � �� �:� ��! � EXHIBIT B Legal Description Situatcd within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Reding Russell Surve��, Abstract No. 786, and being a part o£ a tract of land conveyed to 2020 Paris, LLC, by deed recorded as Lamar County Document Number 09$870-2012, and beuig further described as follows: Beginning at a concrete monument found at the intersection of the East Boundarv Line of 1)th Street Northwest {F.1�I. Highway 79) and the South Boundary Line of Loop Highway 286, being the North�vest corner of said 2020 Paris tracc; Thence along the South Boundary Line of Loop Highway 286 as follows: North 58°05'51" East a distance of 340.95 feet to a conciete monument found for corner; North 67°04'56" East a distance of 250.95 feet to a concrete monument found for comer; North GO°11'00" I;ast a distance of 351.99 feet to a concrete monument found for corner; North 6$°Q2'24" East a distance of 203.33 feet to an iron pul found for corner; North 89°13'00" East a dista.nce of 104.00 feet to an iron pin found for corner; Noidi 01°14'00" l�lest a distance of 43.00 feet to an iron pin found for corner; North 66°51'00" East a distance of 191.20 feet to a nail found for corner; I��orth 58°19'00" East a distance of 101.1U feet to a concrete monument found for corner; North 6G°53'S6" East a distance of �-00.41 feet to a concrete monument found for coiner; North 72°30'43" East a distance of 147.66 feet to a nail found for corner; I�TOrdi GG°53'S6" East a distance of 35.40 feet to a point at the most Northerly Northeast corner of said 2020 Paris tract, the Noxthwest corner of a tract of land conveyed to James W. Smith and L:d�vard L.ee White by deed recorded in Volurrxe 158, Pa�e 20, of the Lamar Countyr Real Property Records, and the Northwest camer of a channel easement recorded in Volume G10, I'age 113, of the Lamar County Deed Records; Thence South 03°10'26" East a�ith the East Boundai-� Line of said 202U Paris tract and the ��est Boundary Line of said Smith and White tract and of said channel easement a distance of 371.86 feet to a pou�t for corner; Thence South 04°10'00" West, continuing �vith said common line, a distance of 783.OU feet to a poinr at the South�vest corner of said Smith and DUhite tract; Thence Sourh 80°27'10" East �vith the North Boundarp Line of said 2020 Paris t.ract and the South Boundar5� Line of said Smith and White tract, at 114.39 feet passin� a passing a set'/2" iron pin (capped Chaney 4U57), continuing in all a distance of 254.10 feet to a wood fence post found for corner; Thence Easterly along a barbed-wire fence, being the North Bounda�� Line of said 2020 T'aris tract and the Sout�i Boundary Line of said Smirh and White tract as follows: 5outh 08°11'41" East a distance of 41.84 feet to a wood fence post found for corner; South 89°19'OC" East a distance of 223.2� feet to a wood fence post found for corner; North 76°45'S1" East a distance of 409.67 feet to a wood fence post found for corner; North 85°10'34" �ast a distance of 185.59 feet to a wood fence post found for the most Easterly Northeast corner of said 2020 Paris tract and the Southeast cornei of said Smith and White tract; 5 35432.2-S�:ccial lC/anaiiry llceJ — 2U2{) Pnris to Sl:imicx Thence South 00°39'SC" East with the East Boundary Line of said 2020 Paris tract and the West Baundary Line of a Cernetery a distance of 63.20 feet to a wood fence post found for corner; Thence South 81 °03'00" West with the South Boundary Lule of said 2U20 Paris tract and the North Boundarp Line of said Cemeter�r a distance of 9.69 feet to a �vood fence post found far corner; Thence South QO°08'39" V�Iest vt�ith the East Iioundaiy Line of said 2Q20 Paris tract and the West Boundary Line of said Cemetery, alon� this course passing the South�vest comer of the Cemetery� tract and the Northwest corner of a tract of land conveyed to Huhtainaki, Inc., by deed recorded as Lamar Coanty Document Number 090G49-2011, continuing in all a distance of 81G.87 feet [o an iron pin found at the Southeast corner of said ?020 Paris tract and the Southwest coxner of said Huhtamaki tract; Thence North 8G°00'00" ��pest with the South Boundar}� I.ine of said 2020 Paiis tract and the North Boundary Line of Centex Street a distance oE 296.OQ feet to an iron pin found for corner; 'Thence South 89°20'S$" West, cont�nuing ivith said comm.on line, a distance of 2654.63 feet to an iron pin set in the East Boundary Line of 19th Street Northwest (F.M. Highway 79), being the most Southeily SoGth�vest corner of said 2020 Paris tract; Thence North $5°00'00" West with the West $oundary Line of said 202U I'aras tract and said East Boundarp Line a distance of 28A0 feet to a concxete monument found for corner; Thence North with said cammon line (bearing per D�c. #095870-2012) a distance of 800.G6 feet to a cancrete monument found for corner; Theiice I`'orth O6°28'17" East, continuing with said cominon line, a distance of 284.43 feet to the point of beginning, and contauung 89.345 acres of land. 35ii2.?-tiF:ccial �Y�'Arranh• llecd —2030 Pam fo Sk�nncr G s m � Y N m �� C N C 'C Y t0 � a -, c o � r. d m c r-•I ` L_� �:: :, .� d��, �:.; ;;,: . �� �. �: � ; . ��_ � . :� _ _ . _ _ _ _ �. _ _ _ . . _� __ ___ _ __ _ ; o : ; : . . . . . . _ . . J , M ' � r.� � L . t ..� �. � '�_ .� _ ' d � ' �azaa�j ,;� � a c �. 'R ���i' . . r N LL I::' ` i ' N �' �� �'~Y '.1- __ ��� I J , 'y t t. , o� pp a� � u M ' ' V �� �„ O N ' � � �. tJ�.� N p j•, k�:� � . i . ° a — ��+ LL Y I • ; u -- r i� -� ���,.r� �� � V � � r.. ' A , _ �.. O � C � � O ; N � ' i- y' � • � = -. � 1 j ". � j �:- - ; �' i ; �f'. ' •''�-�i•� � _ ;'- ' � , . �- � _ �- i r i � _ -- ---; -- � - . � -. -_. ... , i � � �.� I �: • i � �� _ _ 1.� _ - - _ � �, . ; -� 4 .. �; . . _ � r� ; �-� � , .. , ,I EXHIBIT C CERTIFICATE OF COMPLETION STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS The City of Paris, Texas, has included the Property described in Exhibit A attached hereto in a Reinvestment Zone, and has executed and delivered a Tax Abatement Agreement with The James Skinner Co., a Nebraska corporation (the "Company"}, for certain improvements and other equipment (the "Improvements") to be installed at the Company's baking goods manufacturing plant located in Paris, Lamar County, Texas. The James Skinner Co. has complied with all of the terms of the Taa� Abatement Agreement, and the City of Paris herein verifies that the Improvements agreed to be built, installed and used have in fact been completed as provided for in the Tax Abatement Agreement. NOW THEREFORE, the City of Paris authorizes that the Properiy described in Exhibit A attached hereto shall receive a tax abatement during each year of the Tax Abatement Agreement, with tax abatement commencing in the year, 2014, equal to 100% of the ta�ces assessed upon the increased value of the real and personal property of the Company located on Loop 286 in Paris, Texas, over the value at which the property was last appraised on January l�` 2013, which is the year in which the Tax Abatement Agreement was executed, as recited in the Tax Abatement Agreement. The tax abatement will extend for a duration of ten (10) years, with the tax abatement beginning January 1, 2014, and ending December 22, 2023. APPROVED this day of , 20_. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: City Attorney W � �A' W s u N �^ LA, W � � � A� �.[ a X co H � •� L � a W LA' W � � Y � �� � � � L x W ��vr00i n � � � 01 O1 N x rv rv°D vai vmi o F p N c n e°o c � N VY N N tA ✓1 a d A Q d > d '+ O C n M x H O Vpf 00 Q m v O� ON1 N � N N � l�fl N V� N VT �R N 01 V .��1 lD ry o .r Oi vi N N N VI VI V1 N VI .-1 O e�i Cm0 O � 1�/1 T N � VI {/> N N oo� 8 m e n .. � V1 01 t0 N p Q M '+ � N V1 V� Vf N N m O v � aD eel m .-� ~ 1�f1 l~II N R1 N `"� {/� Vf N N 01 fyl Q � o � � � � N 41 N N Vl rl N 1� O W N .-� O rmNm .� p o°'o fi m g ry N N Vf N 4A �r�i � N n � o .-+ a u� �+ vi o m ,ri N ti � m rv N N N � A .�-� aD O O � Ot!� O� .-I r1 N W 1`�� M 0�0 �/i N aR N �g m .+ 30 °m Q N Q N � 0 H N N V} a/� a�- D r d .�i d a � � o � ._ N � � � N � T N 0 O N r1 H N N a .�- � °m rv � � rl � � � O � w c c � .o p �a m X F � � N n £ o � a` '� � O ti � a O .�~i N W O V1 N N N N N � � Q N N 8 M m � ti r m N N � v � n l0 n M N � eV � N Oi n E � u m° A O � � c r .� $ = n a � � � Y � � a $ � ��e C p �s�9 u ` Q � n �p q Ory �Lu C y � � Y � � n Y�.' E S Q o � u � � � c � � � a u A v' z Si n EXHIBIT E Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELTNES FOR TAX ABATEMENT I. General Purpose and Objectives. The City of Paris, Texas (herein called the "City") is committed to enhancing the competitiveness and the expansion potential of the City's manufacturing industry; to attracting and encouraging new manufacturing industry and investment; to irnproving the Ciry and its infrasiructure which amacts and supports development; and, to expanding the tax base, employment opporiunities, and the overall quality of life for its citizenry. Therefore, the City �vill give consideration, on a case- by-case basis, to providing tax abatement according to state law to the owners of real and personal property for projects that stimulate economic growth and diversification in the City. Tax abatement benefits may be made available to industrial, manufacturing, distribution, and service facilities, or any "primary jobs" creating industry as defined by the Economic Development Act of the State of Texas. The facility rnust be currently in the City or locating in the City, and Iocated in a designated Enterprise Zone or Reinvestment Zone. New facilities and structures as well as the expansion and moderniza.tion of existing facilities and structures, will be considered. Evaluation of a tax abatement request will be based on the information provided in the tax abatement application. However, the City, Lamar County and Paris Junior College are under no obligation to provide tax abatement to any applicant. The Paris City Council acts as the lead entity for projects located in the city limits. The Lamar County Board of Commissioners and the Paris Junior College Board of Regents have also adopted this policy and will consider tax abatement request that qualify under these policies. II. Definitions. Definitions are provided as an Appendix A. III. Designation of a Reinvesiment Zone. The City or County may designate an area as a reinvestment zone in accordance with the criteria and procedural requirements set forth in the Property Redevelopment & Tax Abatement Act, as amended (Texas Tax Code Sec. 312.401 (b)). For any area within the jurisdiction of the City to be eligible for ta�c abatement it must meet the criteria for designarion as a tax abatement reinvestment zone as set forth in the Property Redevelopment and Tax Abatement Act, Texas Tax Code Chapter 312. IV. Tax Abatement Autharized. The City, through its elected City Council, rnay agree in writing with the owner and/or lessee of taxable real and/or personal property that is located in a reinvestment zone, but that is not in an improvement project financed by tax increment bonds, to exempt from ta�cation a portion of the value of the reai property, or of personal property located on the real properiy, or both. The period of the abatement granted under the agreement shall not exceed the tertn authorized by law. Such agreement wili be based on the condition that the owner or lessee of the property makes specific improvements or repairs to the property. An agreement may provide for the exemption of the real property in each year covered by the agreement only to the extent its value for that year exceeds the base year value. An agreement may provide for the exemption of personal property located on the real property in each year covered by the agreement other than personal property that was located on the real property at any time before the period covered by the agreement. Inventory or supplies cannot be abated as personal property. Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Tax abatement may only be granted for additional value of eligible property improvements made subsequent to and specified in an abatement agreement between the City and the property owner or lessee subject to such limitation as the City may require. The additional value must exceed any reduction in the fair market value of other property af the owner already on the taa ro11 within the jurisdiction of the City. Change in appraised value does not qualify for abatement except in an instance where a previously vacant authorized facility is utiiized. Value added to the tax rolls must come from actual capital expenditures. The negotiation of tax abatement agreements will be conducted by the Paris Economic Development Corporation (Paris EDC) in conjunction with the City Manager or designee to the Tax Abatement Committee. In determining where and how tax abateinent will be utilized, the Tax Abatement Committee will examine the potential return on the public's investment. Return on public investment will be measured in terms of (i) jobs created, (ii) jobs retained in cases of existing employers within the City, and (iii) broadening of the tax base, and expansion of the economic base (e.g. capital investment). V. Eligibility Criteria for Tax Abatement for Real and Personal Property A properly owner and/or lessee shall be eligible for tax abatement only upon the following criteria. Eli ibili Criteria for Tax Abatement Authorized 1. An authorized facility is used for manufacturing, research, regional distribution, regional Facility tourist entertainment, other basic industry, or any primary jobs creating industry. {See Appendix A for detailed definitions.) 2. A new authorized facility must be created, or an exis[in� authorized facility must be improved, modernized or expanded. 3. If a leased authorized facility is granted abatement, the agreement may be executed with the lessor and/or lessee, depending upon the particular circumstances of the proposed project. If the ageement is with the lessor, lessor shall demonstrate binding contracts with the lessee to uarantee com liance with the terms of the a reement. Eligible 1. The property involved must be a newly created or improvements to an existing authorized Property facility 2. Eligible property for which abatement may be granted includes nonresidential real property and/or tangible personal pmperty not located on the real property at any time before the abatement agreement becomes effective. 3. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements, tangible personal property, and that office space and related fixed improvements necessary to the operation and administration of the authorized facility. 4. lnvento or su lies shall not be eli ible for abatement. Historic 1. If the property involved is a historic property in the City's Historic Distriets there are certain Properry commerciai and residential ta�c exemptions allowed. Located in 2. Exterior improvements in the historic districts are allowed at 100% for seven (7) years with a Historic minimum investment of $5,000 for residential properry and $10,000 for commercial property. District 3. New residential construction requires a minimum investment of $100,000 to be considered for a three (3) year 100°/a exemption. 4. New commercial construction requires a minimum investment of $200,000 for a 100% tax exem tion for three (3) ears. Value and 1. The City will decide whether to grant tax abatemeni to an applicant, and the amount, if any, of Term of such abatement, on a case-by-case basis and in accordance with these Criteria and Guidelines. Abatement 2. The term of abatement granted under any agreement may not exceed that permitted by a licable state law. EXHIBIT D Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT 3. The amount of the abatement shall be based upon a percentage (0 to 100%) of all or a portion of ihc eligible property within the authorized facility. 4. Abatements may only be granted for the additional value of eli�ible real and personal property improvements made pursuant to and listed in the ageement benveen the City and property owner and/or lessee, subject to such limitations as the City may require. 5. Real property tax abatement may be granted only to the extent that its value for each year of the agreement exceeds its value for the year in which the agreement is executed. 6. If a modernization project includes the replacement of improvements within an authorized facility, the value eligible for abatement shall be the value of the new unit(s), ]ess the value of the re laced unit(s . Abatement The criteria used to evaluate a proposed project application for abatement includes, but is not Evaluation limited to: Criteria l. The dollar amount of the increase in the tax roll. 2. The number of jobs created or retained by the employer involved. 3. The possible effect on attracting other taxable improvements into the City. 4. The nature of, and overall effect on the City. 5. The effect on the safety, health, and morals of the Ciry's residents. 6. Any substantial long-term adverse effect on the pmvision of Ciry services or iis taac base. 7. Meeting all relevant zoning requirements. 8. Consistent with the comprehensive plan of the City or County of Lamar. 9. The types and cost of public improvements and services (water and sewer main extensions, streets and roads, etc.) required of the City. 10. The es and values of ublic im rovements to be furnished b the a licant. Economic To be eligible to receive tax abatement, the planned improvements: Qualification l. Must be reasonably expected to increase the appraised value of the property. 2. Must be expected to prevent the loss of employment, or assist in the retendon or creation of jobs in the Ciry during the term of the agreement. 3. Should not be expected to solely or primarily have the effect of inerely transferring existing employment from one part of the City to another without demonstration of increased future im�estment (dollars or jobs) or unusual circumstances whereby without such a move employment is likely to be reduced. �1. Must be necessary because capaciry cannot be provided efficiently utilizing existing improved property when reasonable allowance is made necessary improvements or relevant overnmental actions. Taxability During the term of the agreement, taxes shal] be payable as follows: 1. The base year of eligible property as determined each yeaz by the Lamar County Appraisal District, shall be fully ta�cable. 2. The additional value of eligible property above the base year value shall be taxable in the manner described in the agreement. 3. The Chief Appraiser of the Lamar County Appraisa] District shall annually determine an assessment of the real and personal property comprisin� the reinvestment zone. 4. Each year, the employer, the company ar individual receiving abatement pursuant to an agreement shall furnish the assessor with such inforrnation as may be necessary to determine the amount of any abatement. 5. Once such value has been established, the Chief Appraiser shall notify the affected jwisdictions, which ]evy ta�ces on sueh property and also notify the Paris EDC. 6. The employer, owner or lessee of eligible property requesting tax abatement within a reinvestment zone shall, prior to the commencement of eligible property improvements, agree to expend a designated sum of money and to create or retain a certain number of jobs, or annual a oll as further de�ned below_ Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Capital Investment, Payroll and Job Creation Criteria A tax abatement may be made available to employers who are creating jobs and increasing new capital investment with respect to an authorized facility located anywhere within the City or its extra territorial jurisdiction based on the following criteria. To be eligible for any ta�c abatement, there must be a minimum capital investment in the authorized facility of $250,000 and at least ten (10) new jobs added to the empioyer's labor force. The chart below provides ��Vhen an abatement percentage has been agreed upon it shal] be granted based on the following schedule. This chart does not imply that ] 00% of the valuation will be abated. Ik refers to the ratio of the agreed-to abatement. Timeframe Percent of Abatement A reed To Year 1 100% Year 2 100% Year 3 100% Year 4 80% Year 5 60% Year 6 40% Year 7 20% Year 8 Valuation full back on tax rolls �% 3. Any project with a capital investment of more than ten million dollars ($10,000,000), accompanied by a newly created minimum annual payrol] of two and one-half million dollars ($2,500,000), or creating more than two hundred twenty-five (225) jobs will be individually negotiated. 4. No abatement will be granted for more than specified in state law. 5. If a newly created business is located or will locate within an enterprise zone, an additional 10 to 20% abatement may be available as individually negotiated, with total abatement not to exceed 100%. b. The City recognizes a significant difference in the vatuation of rea] property and personal property. Because of depreciation schedules, often the abatement of personal property is basically a tax exemption. For this reason, the abatement schedule for personal property versus real property may be different. 7. !f personal property should become obsolete and be replaced while under an abatement agreement, the reqlacement personal pronerty is not eli�ible for abatement. VI. Tax Abatement for Existing Emplo,yers Regarding Real or Personal Property. The Ciry recognizes the value of its existing employers to the wellbeing of the community. The City desires to encourage existin� employers to remain in the City and to improve their respective businesses and industries, as well as their profitability. Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Accordingly, if an existing employer (as opposed to a newly created business or industry moving into the City), owns or leases an authorized facility and has plans to improve such property by constructing new improvements on its real property and/or adding new personal property to its authorized facility which qualify for tax abatement under these Criteria and Guidelines, such employer may be eli�ible for tax abatement �c�ith respect to such improvements to its real property or its new personal property under the provisions of Article V above, even if no new jobs or newly created minimum annual payroll are created. In projects involving existing employers, the criteria for tax abatement for improvements to real property and for new personal property at authorized facilities are identical to that set forth in Article V above (except that no new jobs or newly created minimum annual payrall are required). The City encourages existing employers to retain as many jobs and as much existing annual payroll as is economically feasible for the existing employer, while remain eompetitive in its industry. VII. A lication Process A lication Process Eligibility Any present or potential owner of taxable property in the City may request tax abatement by filing a written request with the City Manager or County Judge, with a copy of the application forwarded b the a licant to the Executive Director of the Paris EDC. Form The application shall consisi of a completed application form accompanied by the following: 1. A generat description of the improvements to be undertaken together with the projected new value to the property and the type of business operation proposed. 2. A detailed descriptive list of the improvements for which abatement is requested. 3. A list of the kind, number, and location of ali proposed improvements of the property. 4. A list of the number and type of jobs created, including information pertaining to anticipated job transfers (if any). 5. A metes and bounds description and plat of the proposed reinvestment zone that shows all roadways within 200 feet of the reinvestanent zone and a(1 existing zoning and land uses within 200 feet of the reinvestment zone. 6. A time schedule for undertaking and completin ; the proposed improvements. 7. The type and value of any economic development incentives requested. 8. Any other information about the proposed project as may be required by the City or as deemed desirahle b the Ci . Revicw 1. The application will be reviewed by members of the Tax Abatemen[ Commutee. 2. The application will be distributed to the appropriate department heads and taxing entities for review and comment. 3. No tax abatement application shall be considered for further processing by the governmental entities unless first approved by the �overning board of the Paris EDC. 4. Upon approval by the Paris EDC Board the application will processed through the approval rocess of the overnin bodies for their considerarion. Public l. The City will comply with certain public notices and hearings reqaired as mandated by state Hearing law under the Property Rede��elopment and Tax Abatement Act prior to the designation of a reinvesnnent zone and execution of a tax abatement agreement. 2. The City may adopt an ordinance designating a tax abatement reinvestment zone only after notice of a public hearing has been published at least seven {7) days before the date of the hearing, and all other procedural requirements of Chapter 312 of the Texas Tax Code have been satisfied. Findings In order to enter into an agreement, the City must find that: 1. The tecros ofthe proposed agreement comply with these Guidelines and Criteria. 2. There will be no substantiat adverse affcct on the provision of City services or tax base. 3. That the lanned use of the ro e witl not constitute a hazard to ublic safe , health or Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT morals. 4. lncident to approval of any ordinance designating a reinvestment zone, the City shat] find that the improvements sought are feasible and practical and would be a benefit to the land to be included in the reinvestment zone and to the Ci after the ex iration of the a reement. Variances Requests for variance from the provisions of these Guidelines and Criteria may be made in writing to the City; provided, however, that in no event shall the term of any abatement exceed the period authorized by applicable state law. Such request shall include a complete description of the circumstances requiring a variance. Approval of a request for variance shall require the affirmative vote of three-fourths (3/4 of the members of the Ci Council. Proposed The adoprion of these Guidelines and Criteria by the City does not lunit the discretion of the City Agreements Council to decide whether to enter into a specific tax abatement agreement, or ]imit the discretion of Decided on the City Council to delegate to its employees the authority to determine whether or not the City Individual should consider a particular application or request for tax abatement, or create any property, Basis contract, or other legal right in any person or enrity to have the City Council consider or grant a s ecified a lication or re uest for tax abatement. VIII. Abatement Agreement Terms and Conditions. Appendix B provides many of the terms and conditions to be included in any formal abatement agreement. IX. Amendments to Guidelines and Criteria These Guidelines and Criteria are effective for a two (2) year period from the date of their adoption, unless amended or repealed by the affirmative vote of three-fourths (3/4) of the members of the City Cauncil. For a tax abatement application or additional information contact: Paris Economic Development Corporation 1125 Bonham Street Paris, Texas 75460 903-784-6964 Fax 903-784-2503 www.pari stexasusa. com Email: parisedc(a�paristexasusa.coin b Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT APPENDIX A Term �e�inition Abatement or Tax The fuli or partial exemption from ad valorem ta�ces of ccrtain real and tangible personal Abatement ro e in a Reinvestment Zone desi nated for economic develo ment u oses. Agreement or The written legal agreement for tax abatement between a property owner and/or lessee and A reements the Ci of Paris, and also between Lamar Coun and Paris Junior Colle e. Authorized A facility may be eligible for abatement if it is a faciliry used for manufacturing, research, Commercial or regional distribution, regional tourist entertainment, other basic industry, or any primary jobs Industrial Facility creating industry (all terms are defned below). All authorized faciliry definitions include buildings and structures, including fixed machinery and equipment used in operating the facility; AND/OR if the faciliry is a Historic Properiy defined in Section IV (b) within a City of Paris Historical District. Authorized The Ciry of Paris may also designate areas of the City where residential properties may be Residential Facility considered for abatement. The City of Paris will approve their residential abatement olicies, criteria and uidelines se arate from these olicies. See Section IV b. Manufacturing The purpose of which is or will be the manufacture of tangible �oods or materials or Facility the processing of such goods or materials by physicat or chemica] chan�e. Facilities primarily engaged in assembling component parts of manufactured products are also considered manufacturin facilities. Regional Used primarily to receive, store, service, or distribute goods or materials where a Distribution majority of the goods or services are distributed to points at least 100 miles from its Facili location in the Ci of Paris. Regianal Used in providing amusemendentertainment through the admission of the general public Tourist where the majority of users reside at leasl 100 miles from the City and where the Entertainment majority of users are likely to stay in the City for more than one day and will therefore Facili ]ikelv utilize local restaurants and hoteUmotel accommodations. Research Used primarily for research or experimentation to improve or develop new tangible Facili oods or materials or to im rove or develo the roduction rocesses thereto. Other Basic Not elsewhere described, used for the production of products or services which result in Indus the creation of new 'obs and brin new wealth into the Ci _ Primary Jobs Any industry creating "primary jobs" defined as a job that is available at a company for Creating which a majority of the products or services of that company are ultimately exported to lndustry regional, siatewide, national, or international markets infusing new dollars into the local economy, and that meets any one of ceriain enumerated sector numbers of the North American Industry Classification System (NAICS) found in the Development Co oration Act of the State of Texas. Base Year The assessed value of eligible property as of January 1, preceding the da[e of execution of the Value agreement plus the agreed upon value of eligible property improvements made after January 1, but before the execution of the agreement. The Base Year Value may be adjusted either up or down from ear to ear as er renditions b the Lamar Coun A raisal District. Employer The owner or lessee of property, who is applying for tax abatement and who will provide 'obs and ca itai investment within the Reinveshnent Zone or within dle Ente rise Zone. Reinvestment An area where the City or County has decided to influence development patterns and Zone attract major investments that will contnbute to the development of the area throu�h the use of tax abatement for specified improvements. These statues are found in Chapter 312 of the Texas Tax Code. Ente rise Zone An area of land desi ated as such under Cha ter 2303 of the Texas Government Code. Job or Jobs A position of fuli-time employment for an individua] to work 32 hours or more per week for an employer, in which position the individual is provided the benefits normally offered by the employer, such as health insurancc, vacation and some form of retirement benefit. A job is not a position filled for the employer as a worker or employee of an employment agency or service. "Jobs" also includes "Full-time E ui��alent Jobs" defined below. Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Full-time A number of part-time jobs where the hours worked in each such job is less than 32 hours Equivalent per week, made available by one employer and added together. For example, sixteen {FTE) ]obs (16) part-time jobs made available by one employer where all such part-time jobs added together require a total of 352 hours of work per week (but no such part-time job requires 32 hours of work or more per week), will equal eleven (11) FTE jobs (352 hours divided by 32 hours per week equai l 1). FTE jobs do not require the employee to receive benefits from the em lo er. Modernization The replacement and upgrading of existing facilities, which inereases the productive input or output, updates the technology, or substantially lowers the unit cost of operation. Modernization may result from the construction, alteration or installaaon of buildings, structures, fixed machinery or equipment, but shall not be for Yhe purpose of reconditionin , refurbishin , re airin , or deferred maintenance. Personal Machinery, equipment, tools, shelving or materials eligible under applicable law for tax Property abatement, which can be removed from an authorized faciliry described in Section IV a. Pro e Real Pro e or Personal Pro e defined herein that is eli ible for tax abatement. Real Property The land within an Enterprise Zone or a Reinvestment Zone, together with all im rovements and fixtures constructed or otherwise situated thereon. Tax Abatement The committee of persons designated from time to time by the Paris Economic Committee Development Corporation to study, review and recommend tax abatement to the appIicable taxing entities in the community. The Tax Abatement Committee will be composed of one person from each of the City (the City Manager or desi�nee), the County of Lamar (the County Judge or designee), Paris Junior College (the President or designee), the Chief Appraiser of the Lamar County Appraisal District, and the Executive Director of the Paris �conomic Develo ment Co oration. Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT APPENDIX B Abatement Agreement Terms and Conditions After approval, the City shall formally pass an order or resolution and authorize the execution of an agreement with the owner and/or lessee ofthe authorized facility, which shall include, but not be limited to the following terms and conditions: Contract Terms & Conditions Project The following project specifics will be included: Description 1. The base year value. 2. Percent of increased value to be abated each year. 3. The eommencement date and the termination date of abatement. . 4. Amount of investment and average number of jobs involved during tl�e term of the agreement. 5. The proposed use of the authorized facility, nature of construction, time schedule, plat, property description, and improvement list, as provided in the application. 6. A listing of the kind, number, location, and costs of all proposed improvements of the property. 7. A statement limiting the uses of the property consistent with the general pwpose of encouraging development or redevelopment of the reinvestment zone during the period that property tax abatement is in effect. 8. That access to the project is provided to allow for the inspecrion by City inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and condirions of the agreement. 9. That property tax revenue lost as a result of the tax abatement agreement will be recaptured by the City if the owner of the property fails to make the improvements or repairs as provided by the agreement. 10. Each term agreed to by the owner of the property. 11. A requirement that the owner of the property shall certify annually to the Ciry that the owner is in compliance with each applicable term of the agreement. 12. Contractual obligarions in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment, or other provisions that may be required by state law, or in the discretion of the City Council. 13. That the City may cancel or modify the agreement if the property owner fails to comply with the a reement. Default If the City determines that the person or entity receiving an abatement is in default according to the terms and conditions of its agreement, the City shall notify the company or individual in writing at the address stated in the agreement, and if such default is not cured within a reasonable time specified in such notice ("cure period"), then the agreement may be modified or terrninated without further notice. In the event the company or individual allows its ad valorem taxes owed to the City to become delinquent and fails to time(y and properly follow the legal procedures for their protest and/or contest, or violates any of the terms and conditions of the agreement and fails to cure during the cure period, the agreement then may be modified or terminated without further notice, and the agreement may provide a formula for recapture of all or part of the taxes abated. At any time before the expiration, any t� abatement agteement may be terminated by mutual consent of all arties involved in the same manner that the a ement was executed. Confidentiality Informadon that is provided to a taxing unit in connection with an application or request for tax of Proprietary abatement under these Guidelines and Criteria and that describes the specific processes or business Information activiries to be conducted or the equipment or other properiy to be located on the property for which tax abatement is sought is confidential and not subject to public disclosure until the agreement is executed. Such informarion in the custody of the City after the agreement is executed is not confidential hereunder. Inspections The agreement shall sripulate that employees and/ or designated representatives of the City will have access to the reinvestrnent zone durin the term of the a eement to ins ect the authorized Paris, Texas Economic Development Corporation POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT faciliry to determine if the terms and conditions of the agreement are being met. All inspections will be made only after the giving of at least twenty-four (24) hours' prior notice and will only be conducted in such a manner as to not unreasanabiy interfere with the construction and/or operation of the authorized facility. All inspections will be made with onc or more representatives of the company or individual and in accordance with its safety standards. Upon eompletion of construction, the City shall annually evaluate each authorized facility receiving abatement to ensure compliance with the agreement and repori possible violarions of the a reement to the Ci Council. Modifications At any time before the expiration of an agreement made under these Guidelines and Criteria, the of Agreement a,�reement may be modified by the parties to the agreement to include other provisions that could have been included in original agreement or to delete provisions that were contained in the original agreement. 'The modification must be made by the same procedure by which the original agreement was approved and executed. The original agreement, however, may not be modified to extend the term of the agreement or the term of the abaiement granted therein be ond the time ermitted b State law. Assignment An agreement may be assigned to a new owner or lessee of the authorized facility only with the prior written consent of the City, Any assignment shall provide that the assignee shal( irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as seT out in the agreement, and the City's approval shall be subject to the determination of the financial capability of such assignee. Any assignment of an a�reernent shall be to an entity that contemplates the same improvements or repairs to the property, except to the extent such improvements or repairs have been completed. No assignment shall be approved if the assignor or the assignee is indebted to the City for ad valorem taxes or other obligations, or if an event of default under the a eement remains uncured. Administration, I. The Paris EDC shall be primarily responsible for the administration, reviev��, and monitoring Contract of tax abatement agreements authorized by the City under these Guidelines and Criteria. Review, These responsibilities shall include verifying thaT participants in tax abatement agreements Monitoring and are in full compliance with the terms of the agreement. Reporting 2. The Paris EDC shall expeditiously advise the City in writing of any instances of contract non-compliance by ta�c abatement participants. In addition, the Paris EDC shall, on an annual basis, conduct a performance review of the activities of each tax abatement participant and report the findings of such review to the City Council. 3. The Cily shall retain the right to independently review and audit the activities of tax abatement participants. 4. The Ciry shall be responsible for enforcement of the terms of any tax abatement agreement authorized hereunder. ### 10