RE 05-13-97.3 RESOLUTION NO. 051397.3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING AN AMENDMENT TO THE TAX ABATEMENT AGREEMENT,
BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND PRIMERA COPPELL
PROPERTIES I, LTD. DATED SEPTEMBER 12, 1995; AUTHORIZING ITS
EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
~AS, the Ci~ Coun~ by Resolu6on No. 091295.2 approv~ a T~ ~atem~t
A~eem~t by ~d be~n the CiW of Coppe~, T~ ~d P~e~ Cop~ ~ope~es ~ Ltd.
dat~ S~tember 12, 1995; ~d
~S, ~e Ci~ ~d P~era CoppeB Prop~es I, Ltd. des~e to ~end ~e T~
Abatem~t A~ment dat~ September 12, 1995; ~d
~AS, S~ion 312.208 of ~e T~ Code
abatement a~ent to ~clude other pro~sions that ~uld have b~n ~clud~ ~ ~e o6~
a~ment or to delete pro~sions tha~ were not n~ Io
NOW ~FO~ BE ~ ~SOL~ BY
1. ~e ~dm~ to the T~ Ab~t~t
h~o m E~bk ~A" ~g b~ found by ~e Ci~ Co~ to ~ ~ ~e ~ ~t~ of
autho~ to ~te ~e ~dm~t on be~ of the Ci~ ofCoppeB, T~.
2. ~e Ci~ M~g~ de~v~ to the presid~g offi~r of
u~t ~ w~ch the prope~ ~bj~ to the T~ ~at~ent ~ent ~t~ Sept~ 12,
1995 ~ ~end~ h~ is lo~t~, a ~ no~ ~t ~e Ci~ of Coppe~ T~
~tends to ent~ ~to the ~endment a~h~ h~o.
~ager ~clud~ a ~py of~e ~en~t.
3. ~ ~lution ~d ~e ~dment to ~e T~ ~atement ~t ~e h~y
~pprov~ by the ~ative vote of the majo6~ of the memb~s of the
Ciw of Coppe~, Texm, at ~ re~l~ly ~h~ul~ m~g of the Ci~ Co~.
4. ~s Re~lution shffi b~me eff~ive ~iately ~om ~d ~er ks p~ge.
97113 0b035
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppeil,
Texas, onthisthe /_qd~q dayof /r2~ , 1997.
CITY OF COPPELL, TEXAS:
TOM MORTON, MAYOR
ATTEST:
KATItLEEN ROACH. CITY SECRETAKY
APPROVED AS TO FORM:
PE'~ER G. SMI~ CITY ATTORNEY
(PGS/ttl 4/30197)
2 S,$9124
97 I 13 0t~037
STATE OF TEXAS §
§ AMENDMENT TO TAX ABATEMENT
§ AGREEMENT DATED SEPTEMBER 12, 1995
COUNTY OF DALLAS §
This Agreement is entered into by and between the City of Coppell, Texas (the "City"),
acting herein by and through its Mayor, and Primera CoppeH Properties I, Ltd. ("Primera"), a
Texas limited partnership, acting by and through the manager of its general partner.
WITNESSETH:
WHEREAS, on the 12th day of September, 1995, the City Council of the City of
Coppell, Texas passed ltesolution No. 091295.2 approving a tax abatement agreement by and
between the City of Coppell, Texas and Primera Coppell Properties I, Ltd. dated September 12,
1995 (the "Tax Abatement Agreement")~ and
WHEREAS, the City and Primera desire to modify the terms of the Tax Abatement
Agreement; and
WHEREAS, Section 312.208 of the Tax Code permits the modification of a tax
abatement agreement to include provisions that could have been included in the original
agreement or to delete provisions that were not necessary to the original agreement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic
and employment base of the Coppell area, it is in the best interest of the City to enter into this
Amendment to the Tax Abatement Agreement; and
WHEREAS, City Council finds that the Tax Abatement Agreement as modified herein
and the property subject to the Agreement meet the City's tax abatement guidelines; and
WHEREAS, a copy of this Amendment to the Tax Abatement Agreement has been
furnished in the manner prescribed by the Tax Code, to the presiding officer of the governing
body of each taxing unit in which the premises, the subject of the Tax Abatement Agreement as
amended herein is located; and
NOW, TI~-I~REFORE, 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, the parties agree as follows:
1. That Paragraph 7 and 91] of the Tax Abatement Agreement dated September 12, 1995 be
amended to read as follows:
Amendment to the Tax Abatement Agreement
Dated September 12, 1995 - Page 1
97113 0L 038
7. The period of tax abatement herein authorized shall be five (5) years, beginning on
January 1, 1997 and continuing until December 31, 2001, unless otherwise amended by
the parties pursuant to the Tax Code.
9E. The First Year of the Tax/ibatement Agreement shall be 1997, unless otherwise
agreed to by the parties.
2. The Tax Abatement Agreement by and between the City of Coppell, Texas and Primera
Coppell Properties I, Ltd. dated September 12, 1995 except as amended herein shall remain in full
force and effect.
3. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
EXECUTED in duplicate originals, this /3[/~day of /~ 4~ ,1997.
CITY?~COPPELL, TEXAS
~ -'I~OM MORTON, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. ~ CITY ATTORNEY
PRIMERA COPPELL PROPERTIES I, LTD.
By: Primera Consolidate, LLC
Its General Partner
Amendment to the Tax Abatement A4tl~ment ~a~
Dated September 12, 1995 - Pa~e 2
97113
MAYOR'S ACKNOWI.F. DGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Tom Morton, Mayor of the City of Coppell, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the forego, lng instrument and
acknowledged to me that the samo was the act of the sa/d City of Coppell, Texas, a municipal
co~poration, that he was duly authorized to perform the same by appropriate resolution of the City
Council of the City of Coppell, and that he executed the same as the act of said City for the purpose
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /.g-d// day of
/T']~ ~/ ,19~7 .
Notmy Public, State of Texas
My Commission Expires:
Amendment to the Tax Abatemcnt Agreement
Dated September 12, 1995 - Pa~e 3
PARTNERSHIP ACKI'qOW[ ~EI3GMENT
STATE OF TEXAS §
COUNTY OF DA! .!.AS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared Ralph Heins, being the Manage~ of Primera Consolidated, L.L.C., the C-e~eral
Partner of Primera Coppell Properties I, Ltd., a Texas limited partnership, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that
the same was the act of the said Primera Coppell Properties I, Ltd., a Texas limited partnership, and
that he executed the same as the act of said partnership for the purpose and consideration thexein
expressed and in the capacity therein stated.
~IVEN UNDF_~ MY P, AND AN~ SEAL OF OFFICE t~s the ri ~ aay ot
Nota}y Public, ~tat'e of Text: '
My Commission Expires:
Amendment to the Tax Abatement Agreement
Dated September 12, 1995 - Page 4