RE 05-13-97.4 RESOLUTION NO. 051397.4
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 MEPC QUORUM
PROPERTIES II, INC. DATED JULY 23, 1996; AUTHORIZING ITS EXECUTION BY
MAYOR; AND PROVIDING AN EFFECTIVE DATE.
W~AS, the Ci~ Counc~ by Re~lution No. 072396.3 approv~ a T~ Abatement
A~eement by ~d be~n the CiW of Coppe~, Tex~ ~d ~PC Quorum Prope~es ~ hc.
dated July 23, 1996; ~d
~AS, the Ci~ ~d ~PC Quorum Properties H, ~c. deske to ~end ~e T~
Abatement A~ment dat~ July 23, 1996; ~d
W~S, Se~ion 312.208 of the T~ Code au~o~ ~e m~ffi~tion of a
~atement a~ment to hclude other pro6sions that ~uld have b~n hclud~
a~ent or to ddete pro~sions that were not n~ to the ofi~ a~ment;
NOW ~FO~, BE ~ ~SOL~D BY ~ ~ CO~
~ OF COPPEL~ ~S, ~:
1. ~e ~t to ~e T~ ~a~ ~t ~M l~y 23, 1~, ~M ~0 ~
E~bit 'A~ ~8 ~ fo~d by ~e Ci~ ~ to ~ h ~e ~ ~ of ~ C~,
~, ~d ~e ~e is h~e~, h ~ ~ ~prov~; ~d ~e ~yor
~te ~e ~endment on be~of the Ci~ of Coppe~, T~.
2. ~e Ci~ M~ag~ dehvered to the presidhg officer of ~e 8ove~8 body of ~h
u~t h whch the prope~ subje~ to the T~ Abat~ent A~m~t da~ lu~ 23, 1~6
~ mended herei~ is lomt~, a ~Ren notice that the Ci~ of CoppeH, Te~, ht~ds to
enter hto the ~endment a~ached hereto. ~e noti~ ~ven by the CiF M~g~
hclud~ a ropy of the ~endment.
3. ~s Re~lufion ~d the ~endment to ~e T~ ~atem~t ~ent ~e h~y
approv~ by ~e ~ative vote of ~e mjod~ of the m~s of
Ci~ of Coppe~, T~, at a re~l~y ~h~ul~ m~8 of the CiW Co~.
4. ~s Re~lution sh~ b~me effe~ive ~Miately from ~d ~er its p~ge.
~S9141
971 I 30t OL 3
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell,
Texas, on this the /-~7~/~ day of ./~4~ , 1997.
CITY OF COPPELL, TEXAS:
TOM MORTON, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PE;~ G. SMITI~ CITY ATTORNEY
(PGS/tfi 4/30/97)
971 I 30[.~OL~t~.
STATE OF TEXAS §
§ AMENDMENT TO TAX ABATEMENT
§ AGREEMENT DATED JULY 23, 1996
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 MEPC Quorum Properties II, Inc. ("MEPC"), acting
by and through its authorized officer.
WITNESSETH:
WHEREAS, on the 23rd day of July, 1996, the City Council of the City of Coppell,
Texas passed Resolution No. 072396.3 approving a tax abatement agreement by and between the
City of Coppell, Texas and MEPC Quorum Properties II, Inc. (the "Tax Abatement Agreement");
and
WHEREAS, the City and MEPC desire to modify the terms of the Tax Abatement
Agreement; and
WHEREAS, Section 312.208 of the Tax Code permits the modifleation 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;
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, the parties agree as follows:
1. Paragraph 7, 9E and 13 of the Tax Abatement Agreement dated July 23, 1996 are
amended to read as follows:
Amendment to the Tax Abatement Agreement
Dated July 23, 1996 - Page 1
971 I 3 01 0[ 5
7. The period of tax abatement herein authorized shall be five (5) years, beginning on
January 1, 1998 and continuing until December 31, 2002, unless otherwise amended by
the parties pursuant to the Tax Code.
9E. The First Year of the Tax Abatement Agreement shall be 1998, unless otherwise
agreed to by the parties.
13. As a condition precedent to the initiation of tax abatement pursuant to this Agreement,
MEPC will diligently and faithfully, in good and workmanlike manner, pursue the completion
of the contemplated Improvements on or before December 31, 1997, as good and valuable
consideration for this Agreement, and that all construction of the Improvements will be in
accordance with aH applicable state and local laws, codes, and regulations, (or valid waiver
thereof); provided, that MEPC shall have such additional time to complete and maintain the
Improvements as may be required in the event of "Force Majeure," ifMEPC is diligently and
faitlffully pursuing completion of the Improvements. For this purpose, '~orco Majeure" shall
mean any contingency or cause beyond the reasonable control of MEPC including, without
limitation, acts of God or the public enemy, war, riot, dvil commotion, insurrection, adverse
weather, government or de facto governmental action (unless caused by acts or omissions of
MEPC), fires, explosions or floods, strikes, slowdowns or work stoppages.
2. The Tax Abatement Agreement by and between the City of Coppell, Texas and MEPC
Quorum Properties lI, Inc. dated July 23, 1996 except as amended herein shaH 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/~-/~ day of ,D/fi ~ ,1997.
CIT7 COPPELL, ~XAS
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
Amendment to the Tax Abatement Agreement ~13~
Dated July 23, 1996 - Page 2
,97 113 i)t 0t ,G
APPROVED AS TO FORM:
PETER G. SMI~ CITY ATTORNEY
MEPC QUORUM PROPERTIES 1I, INC.
PETER JOHNSON
By: ~ENT
b~v'ID L.~ARL~ON
VICE PRESIDENT
Amendment to the Tax Abatement Agreement
Dated July 23, 1996 - Page 3
97 fl 30hOk7
MAYOR'S ACKNOWLEDGMENT
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 foregoing
instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a
municipal corporation, 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 /~/~ day of
Notary Public, State of Texas
My Commission Expires:
Amendment to the Tax Abatement Agreement ss9135
Dated July 23, 1996 - Page 4
3 0t 0t 8
CORPORATION ACKNOV~_~F.])GMENT
STATE OF TEXAS §
COUNTY OF DAI.LAS §
BEFORE ME, the undersigned authority a Notary Public in and for the State of Texas, on this
day personally appeared Peter Johnson, being the Senior Vice President and David L. Carlson, being
the Vice President of MEPC Quorum Properties II, Inc., a Delaware corporation, known to me to be
the persons and oflqeers whos~ name are subscn~oed to the foregoing instrument and acknowledged to
me that the same was the act of the said MF. PC Quorum Properties 1I, Inc., a Delaware eo~oration,
and that he executed the same as the act of said corporation for the purpose and consideration thexein
expressed and in the capacity therein stated.
t~qotary Pub ch¥Stat~-of Texas
My Commission Expires:
· £ itg6,~b.~ NOTARY PUBLIC j;
state of Texas (
'"~..~"' Corem Exp 11-22-20C
Amendment to the Tax Abatement Agreement ss9~35
Dated July 23, 1996 - Page 5