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RE 11-10-98.5 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 111098.5 A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND GTE REALTY CORPORATION; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of Coppell, Texas and GTE Realty Corporation a copy of which is attached hereto and incorporated herein by reference; and WItEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, TI~REFORE, BE IT RESOLVED BY ~ cTrY COUNCIL OF Tm*~ CITY OF COPPEIJ, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. S$21715 SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affarmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Counc'fl. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the/0-/~ day of ? L(; t&°,~1 & ~e r- , 1998. ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: (PGS/ttl 11/4/98) 2 SS21715 18/30/98 1349975 S33, 00 STATE OF TEXAS § Deed § TAX ABATEMENT AGREEMENT COUNTY OF DAIJ,AS § This Tax Abatement A~'eement (the "AGREEMENT") is enterecl into by and between the City of Coppell, Tex~s (the "CITY"), a home role city and municipal coq~rafion of Dallas Co~mty, Texas, duly acting herein by and fi~'ou~ its Mayor, and GTE Realty Corporation CGTE'), acting by and tl~ough its authorized WITNESSETH: WHEREAS, the City Council of the City of Coppell~ Texas, (the "CITY"), passed an Ordinance (the "ORDINANCE") establishing Tax Abatement Reinvestment Zone No. 21 (the "ZONE"), for commercial/'mdustrial tax abatement, as anthorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "TAX CODE"); and WHEREAS, the CITY has adopted ~ddelines for tax abatement (the "TAX ABATEMENT GUIDEIJNES")~ and WHEREAS, the TAX ABATEMENT GUIDELINES contain appropriate ~fidelines and criteria governing tax abatement a~'eements to be entered into by the CITY as contemplated by the TAX CODE; and WHETS, the CITY has adopted a resolution stating that it elects to be eligible to participate in tax abatement~ and employment base of the Coppell area, it is in the best interests into this AGREEMENT in accordance with s~icl ORDINANCE, the TAX ABATEMENT GUIDELINES and the TAX CODE~ and WltEREAS, GTE's development the CITY; and Vm/III~REAS, the City Council finds that the contemplated use of the PREiVI]SES (hereinafter defined), the contemplated improvements to the PREMISES thereto in the amount set forth in this AGREE1VIENT, and thc other terms hereof aze consistent with encouraging development of the ZONE in accordance with the purposes for its creation and/or in compliance with the TAX ABATEMENT GUIDELINES, the ORDINANCE adopted by the CITY, the TAX CODE and all other applicable laws; and Tax Abatement Agreemere - Page 1 ssi~828 98252 06810 WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the PREMISES (hereina~er defined) to be included in the ZONE and to the CITY after expiration of this AGREEMENT; and WI1ERFAS, a copy of this AGREEMENT has been furnished, in the manner prescribed by the TAX CODE, to the presiding officers of the governing bodies of each of the taxing units in which the PREMIRES is located; and WI1EREAS, the CITY desires to enter into an agreement with GTE, the proposed owner of the PREMISES within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the TAX CODE as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the ZONE, which contn~utes to the economic development of Coppell and the enhancement of the tax base in the CITY, the parties agree as follows: GENERAL PROVISIONS 1. GTE is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "PREMISES" hereinaRer defined), which real property is located within the city limits of the CITY and within the ZONE. 2. The PREMISES are not in an improvement project financed by tax increment bonds. 3. TIffs AGREEMENT is entered into subject to the rights of the holders of outstanding bonds of the CITY. 4. The PREMISES are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this AGREEMENT. TAX ABATEMENT AUTHORWED 5. This AGREEMENT is authorized by the TAX CODE and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the CITY authorizing the execution of this AGREEMENT. 6. Subject to the terms and conditions of this AGREEMENT, and provided that the TAXABLE VALUE for each Building is at least N'meteen 1Vf~!ion Dollars ($19,000,000) and the TANGIBLE PERSONAL PROPERTY located therein is at least Eight Million Dollars ($8,000,000) as of January 1 of the FIRST YEAR OF ABATEMENT and as of January 1 of each Tax Abatement Agreement - Page 2 3819828 98252 0681 I year thereafter for a period of four (4) consecutive years, the CITY hereby grants GTE an abatement of fifty percent (50°,~) of the TAXABI,E VALUE of the Building "A" and Building '~" (hereinaRer defined) and the TANGIBI ,g PERSONAL PROPERTY located on the PREMISES in Building "A' and Building "B' for a period of five (5) years. The actual percentage of taxes subject to abatement for each year of this AGREEMENT will apply only to the portion of the TAXABI ,E VALUE of Building "A" and Building 'll" that exceeds the BASE YEAR TAXABLE VALUE for the PREMISES, the year in which this AGREEMENT is executed (base year/1998). The tax abatement agreement for TANGIBLE PERSONAL PROPERTY will only apply to the TANGIBI,E PERSONAL PROPERTY added to the PREMISES aRer this AGREEMENT is executed. 7. The period oftax abatement herein authorized shall be for a period of~ve (5) years. 8. During the period of tax abatement herein authorized, GTE shall be subject to all CITY taxation not abatec[, including but not limited to, sales tax and ad valorera taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this AGREEMENT, the following terms shall have the meanings ascribed to them: A. The PREMISES shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes including any IMPROVEMENTS and TANGIBLE PERSONAL PROPERTY, excluding inventory and supplies, which are added thereto subsequent to the execution of this AGREEMENT; B. The IMPROVEMENTS shall mean the contemplated improvements to be constructed on the PREMISES and as Rifther described herein. C. TAXABI,E VALUE means the appraised value as certified by the Appraisal District as of January 1 of a given year. D. The BASE YEAR TAXABLE VALUE shall mean the total assessed taxable value for the PREMISES for the year in which the Tax Abatement Agreement is executed (1998). E. The FIRST YEAR OF THE TAX ABATEMENT for each Building and the TANGIBLE PERSONAL PROPERTY located therein shall be January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the respective Building comprising the IMPROVEMEg. Tax Abatement Agreement - Page 3 ss~gs2s F. TANGIBLE PERSONAL PROPERTY shall mean tangible personal property, equipment and fixtures other than inventory or supplies added to the PREMISES subsequent to the execution of this AGREEMENT. G. An EVENT OF BANKRUFrCY OR INSOLVENCY shall mean the dissolution or termination of GTE's existence as a going business, insolvency, appointment of receiver for any part of GTE's property and such appoimment is not terminated within thirty (30) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against GTE and such proceeding is not dismissed within thirty (30) days after the filing thereof. IMPROVEMENTS 10. GTE owns the real property described in Exhibit "~' and agrees to construct or cause to be constructed thereon two (2) five-story office buildings, Building "A" and Building "B" of approximately 249,000 square feet each (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by GTE with the CITY from lime to time in order to obtain a building permit) (the "IMPROVEMENTS"). The cost of Building "A" shall be at least l%rmeteen lVlillion Dollars ($19,000,000). The cost of Building 'q~" shall be at least Nineteen lVlillion Dollars ($19,000,000). The approximate location of such IMPROVEMENTS will be shown on a Site Plan of the PREMISES to be submitted to the CITY. The TAXABI ,g VALUE of Building "A" excluding the land, shall be no less than Nineteen gillion Dollars ($19,000,000) as of January 1 of the FIRST YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period of four (4) consecutive years. The TAXABI,E VALUE of Building 'q~" excluding the land, shall be no less than Nineteen Million Dollars ($19,000,000) as of January 1 of the FIRST YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period of four (4) consecutive years. GTE or an affiliate or parent of GTE agrees to locate and maintain TANGIBLE PERSONAL PROPERTY in each building (Building "A" and Building '~") on the PREMISES with a TAXABLE VALUE of at least Eight lfftllion Dollars ($8,000,000) as of Janumy 1 of the FIRST YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period of four (4) consecutive years. Nothing in this AGREEMENT shall obligate GTE to construct IMPROVEMENTS and/or to locate TANGIBI ,E PERSONAL PROPERTY on the PREMISES, but said actions are a condition precedent to tax abatement pursuant to this AGREEMENT. 11. GTE or an affiliate of GTE agrees to occupy the PREMISES and to continuously operate, maintain and use the PREMISES as office buildings for a period of at least ten (10) consecutive years commencing on the last date a certificate of occupancy is issued for the IMPROVEMENTS. 12 GTE or an affiliate of GTE agrees to create and fill at least one thousand (1,000) employment positions at Building "A" and to maintain and fill the same number of employment Tax Abatement Agreement - Page 4 ss~gs2s 98252 6813 positions each year thereafter for a period of at least ten (10) years commencing on or before December 31 of the calendar year immediately following the issuance of a certificate of occupancy for Building "A". GTE or an affiliate of GTE agrees to create and fill at least one thousand (1,000) employment positions at Building "B" and to maintain and fill the same number of employment positions each year thereafter for a period of at least ten (10) years commencing on or before December 31 of the calendar year immediately following the issuance of a certificate of occupancy for Building "B". Failure of GTE to employ and maintain employment in accordance with the terms of this AGREEMENT shall be considered an event of default under this AGREEMENT. In the event of a voluntary or involuntary termination of an employee, which termination causes the number of employees to fall below the number required pursuant to this AGREEMENT, GTE shall continue to receive abatement provided the required number of employees is re-established within sixty (60) days of the termination. Two (2) or more part-time employees totaling thirty (30) hours or more per week may be substituted for one full-time employee. To receive credit for an employee, the employee must be retained for a period not less than forty-five (45) consecutive days, provided, however, the failure of a replacement employee to remain employed for such forty-five (45) day period shall not result in a failure of GTE to re- establish the required number of employees as provided above. GTE shall supply to the CITY copies of the quarterly Texas Employment Commission employment reports and such other information as may be requested by the CITY which document compliance with these employment provisions. CONSTRUCTION OF IMPROVEMENTS 13. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT, GTE will diligently and faithfully, in good and workmanlike manner, pursue the completion of Building "A" on or before October-31, 1999, and Building "B" on or before December 31, 2000 as good and valuable consideration for this AGREEMENT, and that all construction of the IMPROVEMENTS will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that GTE shall have such additional time to complete and maintain the IMPROVEMENTS as may be required in the event of"Force Majeure," if GTE is diligenfiy and faithfully pursuing completion of the IMPROVEMENTS. For this purpose, '~orce Majeure" shall mean any contingency or cause beyond the reasonable control of GTE including without limitation, acts of God or the public enemy, war, riot, civil comanotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of GTE), fires, explosions or floods, strikes, slowdowns or work stoppages. 14. GTE agrees to construct and maintain the IMPROVEMENTS during the term of this AGREEMENT in accordance with all applicable state and local laws, codes, and regulations, including but not limited to CITY zoning landscape, parking tree preservation, and other development regulations and ordinances. 15. The CITY, its agents and employees shall have the right of access to the PREMISES during construction to inspect the IMPROVEMENTS at reasonable times and with reasonable notice Tax Abatement Agreement - Page 5 ss~gs2s 98252 068 to GTE, and in accordance with GTE's visitor access and security policies, 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). GENERAL REQUIREMENTS 16. Construction plans for the IMPROVEMENTS constructed on the PREMISES will be filed with the CITY, which shah be deemed to be incorporated by reference herein and made a part hereof for all purposes. 17. After completion of the IMPROVEMENTS, GTE shall certify in writing to the CITY the construction cost ofthe IMPROVEMENTS. GTE shall also annually certify to the CITY that it is in compliance with each term of the AGREEMENT. 18. The PREMISES and the IMPROVEMENTS constxucted thereon at all limes shall be used as an office building in the manner (i) that is consistent with the CFI'Y'S Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the ZONE. DEFAULT: RECAPTURE OF TAX REVENUE 19. In the event GTE fails in performance of any of the following conditions: (i) completion of the IMPROVEMENTS in accordance with this AGREEMENT or in accordance with applicable State or local laws, codes or regulations; (ii) have any delinquent ad valorera or State sales taxes owed to the C1TY (provided GTE retains its right to timely and properly protest such taxes or assessment); (iii) upon the occurrence of any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this AGREEMENT, then GTE, after the expiration of the notice and cure periods described below, shall be in default of this AGREEMENT. If GTE is not in default or otherwise breached this AGREEMENT with respect to Building "A" and the TANGIBI,F~ PERSONAL PROPERTY located therein but is in default or has breached this AGREEMENT with respect to Building "B" and/or the TANGIBI,E PERSONAL PROPERTY located therein, the CITY shall not be entitled to terminate this AGREEMENT with respect to Building "A" and the TANGIBI,E PERSONAL PROPERTY located therein, any termination and recapture of abated taxes (liquidated damages) shall apply to Building "B" and the TANGIBLE PERSONAL PROPERTY located therein. As liquidated damages in the event of such default, GTE shall, within thirty (30) days after demand, pay to the CITY all taxes with respect to this Building and the TANGIBI,E PERSONAL PROPERTY located therein for which a default or breach has occurred, which otherwise would have been paid to the CITY without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the TAX CODE as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties fiarther agree that any property tax revenue lost, including interest as a result of this AGREEMENT, shall be recoverable against GTE, its successors and assigns and shall constitute a tax lien on the PREMISES and the TANGIBI,F~ Tax Abatemere Agreement - Page 6 ss~gs2s 98252 C)6815 PERSONAL PROPERTY and shall become due, owing and shall be paid to the CITY within thirty (30) days a~er termination. 20. Upon breach by GTE of any obligations under this AGREEMENT, the CITY shall notify GTE in writing. GTE shall have thirty (30) days from rec~pt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and GTE has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the CITY may extend the period in which the violation must be cured. 21. If GTE fails to cure the default within the time provided as spedfled above or, as such time period may be extended, then the CTrY at its sole option shall have the right to terminate this AGREEMENT with respect to the Building and the TANGIBI,E PERSONAL PROPERTY located therein for which a default or breach has occurred, by written notice to GTE. 22. Upon termination of this AGREEMENT by CITY, with respect to the Building and the TANGIBLE PERSONAL PROPERTY located therein for which a default or breach has occurred, all tax revenue abated for such Building and TANGIBI ,E PERSONAL PROPERTY as a result of this AGREEMENT shall become a debt to the CITY as liquidated damages, and shall become due and payable not later than thirty (30) days at~er a notice of termination is made. The CITY shall have all remedies for the collection of the recaptured tax revenues provided generally in the TAX CODE for the collection of delinquent property tax. The CITY at its sole discretion has the option to provide a repayment schedule. The computation of tax revenue abated for the purposes of the AGREEMENT shah be based upon the full TAXABLE VALUE without tax abatement for the years in which tax abatement hereunder was received by GTE with respect to the Building and TANGIBLE PERSONAL PROPERTY as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. ANNUAL APPHCATION FOR TAX EXEMFFION; RENDITION 23. It shall be the responsibility of GTE, pursuant to the TAX CODE, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has sitos. A copy of the exemption application shall be submitted to the CITY. 24. GTE shall annually render the values of the PREMISES and the TANGIBLE PERSONAL PROPERTY to the Appraisal District and provide a copy of the same to the CITY. SUCCESSORS AND ASSIGNS 25. This AGREEMENT shall be binding on and inure to the bene~t ofthe parties to itand their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Tax Abatement Agreement - Page 7 ss~gs2s 98252'06816 AGREEMENT may not be assigned without the consent of the CITY except for an assignment to an affiliate of GTE for which consent shah not be required. After any pen~-,itted assignment, all references to GTE herein shall thereaRer be a reference to GTE's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 26. All notices required by this AGREEIVrENT shall be addressed to the following or other such other party or address as either party designates in writing by certified mail, postage prepaid or by hand delivery: If intended for GTE, to: Atm: Ronald Kulpinski, President GTE Realty Corporation 5221 N. O'Connor Blvd Suite 290 HQL 02A13 Irving Texas 75039 If intended for CITY, to: City of Coppelt, Texas City Manager P. O. Box 478 . Coppelt, Texas 75019 CITY COUNCIL AUTHOREATION 27. This AGREEMENT was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this AGREEMENT on behalf of the CITY. TAXPAYERAUTHOI!IzATION 28. This AGREEMENT was authorized by the Board of Directors of GTE authorizing the undersigned to execute this AGREEMENT on behalf of GTE. SEVERABI] JTY 29. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this AGREEMENT shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. Tax Abatement Agreement - Page 8 ss~gs2a 98252 06817 APPLICABI ~E LAW 30. This AGREEMENT shall be construed under the laws of the State of Texas. Venue for any action under this AGREEMENT shall be the State District Court of Dallas County, Texas. This AGREEMENT is performable in Dallas County, Texas. 31. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same insmanent. ENTIRE AGREEMENT 32. This AGREEMENT embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified without written agreement of the parlies to be attached to and made a pan of this AGREEMENT. 33. The provisions of this AGREEMENT are hereby declared Covenants running with the PREMISES and are fully binding on all successors, heirs, and assigns of GTE who acquire any right, title, or interest in or to the property, or any part thereof. Any person who acquires any rig title, or interest in or to the property, or any part hereof; thereby agrees and Covenants to abide by and fully perform the provisions of this AGREEMENT with respect to the right, title or interest in such property. RECORDATION OF AGREEMENT 34. A certified Copy of this AGREEMENT shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 35. The determinations recited and declared in the preambles to this AGREEMENT are hereby incorporated herein as part of this AGREEMENT. 36. M exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. Tax Abatement Agreement - Page 9 ss19828 98252 C 6818 CONSTRUCTION 37. Both parties have participated in the negotiation and preparation of this AGREEMENT. This AGREEMENT shall not be constructed more or less strongly against either party. GTE acknowledges that it has obtained legal counsel to assist in the preparation of this AGREEMENT and that GTE has fully satisfied itself; without warranty or representation not expressly contained herein, by CITY that the tax abatement contemplated hereby is available in all respects. EXECUTED in duplicate originals this the/~//9 day of//~}(.)t/,, 1998. ATTEST: APPROVED AS TO FORM: By: PETER ~. S~I~ CITY ~O'R~Y L~ -- day of IL~4r.d,~/,1998. EXECUTED in duplicate originals this the / Tax Abatement Agreement - Page 10 s819828 98252 O6819 CITY'S ACKNOWLF~DGMENT STATE OF TEXAS § COUNTY OF DAI,IAS § This instrument was acknowledged before me on the/O?t/7 day of//4LJ:)i/c~4/~c~f', 19 ~o~, by Candy Sheehan, Mayor of the City of Coppe!l, Texas, a Texas municipality, on behalf of said municipality. ~. '..~,,,~ ,.-* ,.-' #11lllillll%%% Tax Abatement Agreement - Page l l ss~gs2a 98252 06820 GTE' S ACKNOWI ,EDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the t.q4' day of L~4~r.{ ,19__~; by Ronald Kulpinski, President of GTE Realty Corporation, on behalf of said corporation. C~Notary Public, State of Texas My Commission expires: ; --~'-':.~'?"".'--,dAN OOLE , "'~i"~/"'~"2 MYc, OMMISi10NEXPIRE8 ~ MayS, 1~300 Tax Abatement Agreement - Page 12 ss~gg2s EXHIBIT "A' DESCRIPTION OF PREMISES BEING a 23.4418 acre tract of land out of the T.W. Cousy Survey Abstract No. 317, and including part of Phase I, Block 1I, of One Twenty One Business Park as recorded in Volume 81094, Page 2568, Map Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for comer in the easterly line of State Highway 121 (variable width R.O.W.) and the north line of Corporate Park Boulevard (60' R.O.W.), and said comer also being the southwest comer of said Phase I, Block H; THENCE N44°12'00"E, along said easterly right-of-way and leaving the north fight-of-way of said Corporate Park Boulevard, a distance of 752.03 feet to a 5/8" iron rod set for comer; THENCE N49°40'49"E, a distance of 339.48 feet to a 5/8" iron rod set for comer in the south line of Coppell Road (variable width R.O.W.); THENCE S89°55'5Y'E, with said south line, a distance of 79.33 feet to a 5/8" iron rod set for comer in the south line of Coppell Road; THENCE S88°35'00"E, along the centerline of Coppell Road, a distance of 979.25 feet to a 5/8" iron rod set for comer; THENCE S 01025'00'' W, departing said centerline, a distance of 110.37 feet to a 5/8" iron rod set for comer; THENCE S 46034TM 16" W, a distance of 968.04 feet to a 5/8" iron rod set for comer; THENCE S01°33'45"W, a distance of 93.33 feet to a 5/8" iron rod set for comer in the abovementioned north line of Corporate Park Boulevard; THENCE N88°26' 15"W, along said noah line of Corporate Park Boulevard, a distance of 891.21 feet to a 5/8" iron rod set for comer at the beginning of a curve to the right having a central angle of 42°38'00'', a radius of 339.73 feet, a tangent of 132.57 feet and a chord bearing and distance of N 67°07'00"W, 247.00 feet; THENCE continuing along said north line and along said curve to the fight, an arc distance of 252.79 feet to a 5/8" iron rod set for comer; THENCE N45°48'00"W, continuing along said north line, a distance of 20.47 feet to the POINT OF BEGINNING and containing 1,021,123 square feet or 23.4418 acres of land, more or less. Tax Abatement Agreement - Page 13 SS19822 98252 06822 I., :c~V c'3~,~ ~h~s ~nstrument w~s fit d and time hc,'L~,:= b~ ;rig2 ........... a/as C~un~, Taxes a~ stamp~ DEC ~0 B98 COUN~~,, ~,~ C~RK, gallas Count,