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R-97-08-14-13M - 8/14/1997as amended, and as authorized by Resolution No. R- 95- 08- 24 -13B, dated August 24, 1995, the City entered into a tax abatement agreement with Prudential Overall Supply, Inc., regarding property in Reinvestment Zone No. Eleven; and WHEREAS, the City, the Williamson County Commissioners Court, and Prudential Overall Supply, Inc., intended for the agreement to include the abatement of personal property taxes; and WHEREAS, Prudential Overall Supply, Inc. experienced unexpected delays in the construction of their facility and in order to realize the full benefit of the agreement, Prudential Overall Supply, Inc. has requested that the starting date be delayed until January 1997; and WHEREAS, the parties desire to amend the agreement to include language evidencing their intentions and to begin the agreement in 1997; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS 1(:\WP000S \RESOIOTI\SS70814N WPO /keh RESOLUTION NO. R- 97- 08- 14 -13M WHEREAS, in accordance with Chapter 312, Tax Code, V.A.T.S., That the Mayor is hereby authorized and directed to execute on behalf of the City that certain Amendment No. 1 to the Tax Abatement Agreement with Prudential Overall Supply, Inc. RESOLVED this 14th day of Aug ust, 1997. CHARLES CUL 14K, MAYOR CITY OF ROUND ROCK, TEXAS ATTEST: k/,/. /111 E LAND, City ecretary 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON AMENDMENT NO.1 TO TAX ABATEMENT AGREEMENT WITH PRUDENTIAL OVERALL SUPPLY. INC. This Amendment No. 1 is entered into this the /ti day of 1997 to amend that certain agreement authorized by City of Round Rock Resolu n No. R -95- 08-24-13B on August 24, 1995, and by order of the Williamson County Commissioners Court on September 19, 1995, to abate certain property taxes of Prudential Overall Supply, Inc., for the Tax Years 1997 - 1999, inclusive. Tax Year 1997 Tax Year 1998 Tax Year 1999 I: \ TEXT \ CITY \BCONDBUC \TA%ABATE \NffADq I.PCS /kale 90% abatement 60% abatement 30% abatement WHEREAS, it was the intention of all parties that said above referenced Tax Abatement Agreement was to include the abatement of personal property taxes; and WHEREAS, the parties desire to include language in said Agreement evidencing their intentions; NOW THEREFORE, the parties hereby do mutually agree to amend said Agreement as follows: 1. That Section 7, "Portion of taxes abated" is amended to read as follows: 7. Portion of taxes abated. Subject to the terms and conditions of the Agreement, and subject to the rights of the holders of any outstanding bonds of the City and County, a portion of ad valorem real property taxes and personal property taxes assessed against the Premises otherwise owed to the City and County shall be abated. City and County hereby acknowledge that they are not aware of any terms or conditions of any outstanding bonds which would invalidate this Agreement. Said abatement shall be an amount equal to the below- stated percentages assessed upon the increased value of the Premises and Improvements over the value in the year in which this Agreement is executed, in accordance with the terms of this Agreement and all applicable state and local regulations. The percentage of abatements are as follows: These abatements shall be for three (3) tax years beginning January 1, 1997. 2. Section 10, "Events of Default. ", shall be amended to read as follows: 10. Events of default. In the event that (1) the Improvements for which an abatement has been granted are not completed in accordance with this Agreement or (2) Owner allows its ad valorem or personal property taxes owed the City or County to become delinquent and fails to timely and properly follow the legal procedures for protest and /or contest of any such ad valorem or personal property taxes; or (3) Owner breaches any of the terms or conditions of this Agreement, then this Agreement shall be in default. In the event that the Owner defaults in its performance of (1), (2), or (3) above, then the City or County shall give the Owner written notice of such default and if Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City or County by written notice to Owner. Such notice shall be in writing and shall be delivered by personal delivery or certified mail to: Prudential Overall Supply John Thompson P.O. Box 11210 Santa Ana, CA 92711 -1210 As liquidated damages in the event of default and in accordance with Section 312.205, Tax Code, V.A.T.S., as amended, all taxes which otherwise would have been paid to the City and County without the benefit of abatement (without the addition of penalty, but interest will be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code) shall become a debt owed by Owner to the City and County and shall be due, owing and paid to the City and County within sixty (60) days of the expiration of the above mentioned applicable cure period. The City and County shall have all remedies for the collection of the recaptured tax revenue as provided generally in the Tax Code for the collection of delinquent property taxes. 3. Retroactive application. It is the intentions of the parties that this Amendment No. 1, shall be effective as of the effective date of the original Tax Abatement Agreement, as if this amendment was fully written therein at such time. Witness our hands this day of 1997. CITY • F ROUND ROCK, TEXAS CHARLES C 2. PPER, MAYOR ATTEST: ATTEST: WILLIAMSON COUNTY COMMISSIONERS COURT ,CO NTY JUDGE PRUDENTIAL OVERALL SUPPLY, INC. G � f.L'�1 /OZ7-0a , ITS _ .tom 3. DATE: August 12,1997 SUBJECT: City Council Meeting, August 14,1997 Item: 13.M. Consider resolution authorizing the Mayor to execute Amendment No. 1 to the Tax Abatement Agreement with Prudential Overall Supply, Inc. Staff Resource Person: Joe Vining Staff Recommendation: Approval The attached Amendment No. 1 with Prudential Overall Supply, Inc. clarifies for the Williamson County Appraisal District our intention to include personal property in this agreement.