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RE 2005-06-14.1~72778 5380499 $37.00 Oeed 08/16/05 SO rION NO. ! 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 COPPELL TRADE CENTER L.P.; 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 between the City of Coppell, Texas and Coppell Trade Center, L.P., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, 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 oppommities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 0709L 1 74213 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 affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly schednied meeting of the City Council. 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 _L~-~day of~ 2005. DI~CJLA'S[ S 'OVER, MAYOR CITY ATrORNE~/? (PGS/si 06/10/05) (~ ArrEsT: 2 ,, 159 07095 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), and Coppell Trade Center L.P. a Texas limited partnership (the "Owner"), acting by and through their authorized representatives. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 43 (the "Zone"), for commemial/industrial tax abatement, as authorized 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 guidehnes for tax abatement (the "Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria goveming tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; 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 interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to acquire the real property described in Exhibit "A" ("Land") and intends to construct up to four (4) office/warehouse buildings, ("Buildings A-D") in three phases with a total of 495,000 square feet, (hereinafter collectively defined as the "Improvements") on the Land; and WHEREAS, Owner's development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the other terms hereof are 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 Coppell Trade Center, LP Tax Abatement Agreement -Page 1 ? sf, l 59 07096 71620 WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been fumished, 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 Premises is located; and WHEREAS, the City desires to enter into an agreement with the Owner 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 contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Base Year Taxable Value" shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed (2005). "Building A" shall mean an office/warehouse building containing at least 100,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit). "Building B" shall mean an office/warehouse building containing at least 100,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit). "Building C" shall mean an office/warehouse building containing at least 195,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit). "Building D" shall mean an office/warehouse building containing at least 100,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit). Coppell Trade Center, LP Tax Abatement Agreement -Page 2 71620 07097 "Commencement of Construction" shall mean that (i) the construction plans for the respective building comprising the Improvements have been prepared and all approvals thereof required by applicable governmental authorities have been obtained; and (ii) all necessary permits for construction of the respective building comprising the Improvements pursuant to the respective plans therefore having been issued by all applicable governmental authorities. "Completion of Construction" shall mean: (i) substantial completion of the of the respective building comprising the Improvements; and (ii) a final certificate of occupancy has been issued for the first tenant for the respective building comprising the Improvements. "Effective Date" shall mean the last date of execution of this Agreement. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a party's existence as a going business, insolvency, appointment of receiver for any part of a party's property and such appointment is not terminated within ninety (90) 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 such party, and such proceeding is not dismissed within ninety (90) days after the filing thereofi "First Year of Abatement" shall mean January 1 of the calendar year immediately following the date of issuance of the first certificate of occupancy for first tenant for the respective building comprising the Improvements. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Improvements" shall collectively mean Buildings A, B, C and D and which contain in the aggregate at least 495,000 square feet of space. "Land" means the real property described in Exhibit A. "Phase(s)" means singularly or collectively Phase I, Phase II and Phase III as the context indicates. "Phase I" shall mean the construction of Building C. "Phase II" shall mean the construction of Buildings A and B, or one building containing at least 200,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit).. "Phase III" shall mean the construction of Building D. Coppell Trade Center, LP Tax Abatement Agreement -Page 3 71620 "Premises" shall collectively mean the Land and Improvements, following construction thereof. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 ora given year. Article II Term The term of this Agreement shall begin on the Effective Date and shall continue until December 31 of the calendar year following the expiration of the last tax abatement provided herein unless sooner terminated. Article III General Provisions 3.1 Owner is the owner of, or under contract, to acquire the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct the Improvements on the Land. 3.2 The Premises are not in an improvement project financed by tax increment bonds. 3.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 3.4 The Premises is 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. Article IV Tax Abatement Authorized 4.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 4.2 Phase I. Subject to the terms and conditions of this Agreement, and provided the Taxable Value of Building C, excluding the Land, is at least $6 Million, as of the First Year of Abatement and as of January 1 of each year thereafter for a total period of five (5) calendar years, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Building C for a period of five (5) consecutive years beginning with the First Year of Abatement. The actual percentage of Taxable Value of Building C, subject to abatement will apply only to the portion of the Taxable Value of Building C that exceeds the Base Year Taxable Value. 4.3 Phase II. Subject to the terms and conditions of this Agreement, and provided the combined Taxable Value of Buildings A and B, ( or if a single building is constructed the one building containing at least 200,000 square feet of space) excluding the Land, shall be at least $5.5 Coppell Trade Center, LP Tax Abatement Agreement -Page 4 07099 71620 Million, as of the First Year of Abatement and as of January 1 of each year thereafter for a total period of five (5) calendar years, the City hereby grants Owner an abatement of seventy-five pement (75%) of the Taxable Value of Building A and Building B (or the single building) for a period of five (5) consecutive years beginning with the First Year of Abatement for the respective buildings. The actual percentage of Taxable Value of Buildings A and B, subject to abatement will apply only to the portion of the Taxable Value of Buildings A and B that exceeds the Base Year Taxable Values. 4.4 Phase III. Subject to the terms and conditions of this Agreement, and provided the Completion of Construction has occurred for Phase I, and the Taxable Value of Building D, excluding the Land, is at least $5 Million, as of the First Year of Abatement and as of January 1 of each year thereafter for a total period of five (5) calendar years, the City hereby grants Owner an abatement of seventy-five pement (75%) of the Taxable Value of Building D for a period of five (5) consecutive years beginning with the First Year of Abatement. The actual percentage of Taxable Value of Building D, subject to abatement will apply only to the portion of the Taxable Value of Building D that exceeds the Base Year Taxable Value. 4.5 The period of tax abatement for the respective building or Phase of the Improvements herein authorized shall be for a period of five (5) consecutive years. During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation. Article V Improvements Owner owns, or is under contract to purchase, the Land and intends to construct or caused to be constructed thereon four office/warehouse buildings in three phases, Phase I, Phase II and Phase III. Building A shall contain at least 100,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City fi.om time to time in order to obtain a building permit) ('Building A"), Building B shall contain at least 100,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City fi.om time to time in order to obtain a building permit) ('Building B"), (if the Owner elects to construct a single building during Phase II rather than Building A and B, such single building shall contain at least 200,000 square feet of space and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit), Building C shall contain at least 195,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City fi.om time to time in order to obtain a building permit) ('Building C") and Building D shall contain at least 100,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit) ('Building D") (collectively the "Improvements"). Nothing in this Agreement shall obligate Owner to construct Buildings A, B, C and D on the Land but said action is a condition precedent to Owner's tax abatement for the Improvements pursuant to this Agreement. Coppell Trade Center, LP Tax Abatement Agreement -Page 5 71620 Article VI Construction of the Improvements 6.1 As a condition precedent to the initiation of Owner's tax abatement pursuant to this Agreement, Owner agrees subject to events of Force Majeure to cause Commencement of Construction of the Phase I to occur within 3 calendar months after the Effective Date, and to cause Completion of Construction of the Improvements to occur within 12 calendar months thereafter, 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). 6.2 Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the respective building comprising the Improvements shall be used only as office/warehouse buildings for a period of five (5) years commencing on the date the final certificate of occupancy is issued for the respective building comprising the Improvements. 6.3 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 to Owner, and in accordance with Owner'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). Article VII General Requirements 7.1 Construction plans for each of the buildings comprising the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 7.2 Owner shall before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that it is in compliance with each term of the Agreement. 7.3 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City'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. 7.4 Owner agrees to provide to applicable tenants of the Improvements, the entire benefit of the tax abatement granted herein. Owner shall, upon written request, provide the City with satisfactory evidence that the benefits of the tax abatement of the respective building comprising the Improvements under this Agreement have been provided to applicable tenants. 7.5 Notwithstanding anything contained herein the contrary any building comprising the Improvements for which Completion of Construction has not occurred within five (5) Coppell Trade Center, LP Tax Abatement Agreement -Page 6 71620 zo sl ,5 g 07101 calendar years after the Effective Date shall not be eligible or entitled to tax abatement as provided herein. 7.6 Owner shall cause Completion of Construction of all Phases comprising the Improvements to occur within five (5) years following the Effective Date, provided however it shall not be an event of default hereunder and Owner shall not forfeit the Tax Abatement provided herein for any Phase comprising the Improvements for which Completion of Construction thereof has occurred within five (5) years after the Effective Date. 7.7 The Taxable Value of the Improvements comprising Phase II shall be at least $5.5 Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year thereafter for a total of five (5) consecutive years. The Taxable Value of the Improvements comprising the Phase III shall be at least $5 Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year thereafter for a total of five (5) consecutive years. 7.8 The Taxable Value of the Improvements comprising Phase I shall be at least $6 Million Dollars as of the First Year of Abatement and as of January 1 of each calendar year thereafter for a total of five (5) consecutive years. Article VIII Default: Recapture of Abated Tax 8.1 In the event Owner: (i) fails to cause Commencement of Construction and/or Completion of Construction of any Phase comprising the Improvements (Phase I, Phase 1~ or Phase III) in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has an "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this Agreement, then Owner after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to the City without benefit of a tax abatement for the respective Phase comprising the Improvements, with interest at the statutory rate for dehnquent 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 further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute a tax lien against the Premises, the subject of this Agreement, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 8.2 Upon breach by Owner of any obligations under this Agreement, the City shall notify the Owner in writing, who shall have thirty (30) days t~om receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. Coppell Trade Center, LP Tax Abatement Agreement -Page 7 71620 o s159 07102 8.3 If the Owner fails to cum the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the Owner. Provided however, in the event of an uncured default by Owner of the obligations under this Agreement with respect to a specific Phase comprising the Improvements, the City at its sole option shall have the fight to terminate this Agreement with respect to the Phase then in default without terminating this Agreement with the respect of any Phase not then in default, by written notice to the Owner. 8.4 Upon termination of this Agreement (or partial termination with respect to a specific Phase) by City, all tax abated with respect to the Improvements or respective Phase in default, as the case may be, 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 after a notice of termination is made. The City shall have all remedies for the collection of the abated tax 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 the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements or the respective Phase of the Improvements, as the case may be, without tax abatement for the years in which tax abatement hereunder was received by the Owner, 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. Article IX Miscellaneous 9.1 Annual Application For Tax Exemption. It shall be the responsibility of the Owner pursuant to the Tax Code, to file an annual exemption apphcation form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. 9.2 Notice. All notices required by this Agreement 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 or overnight delivery: If intended for Owner, to: Coppell Trade Center, L.P. Attn: Al Sorrels 5055 Keller Springs Road Suite 300 Addison, Texas 75001 Coppell Trade Center, LP Tax Abatement Agreement Page 8 71620 zoos159 07103 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 9.3 City Council Authorization. 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. 9.4 Severability. 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. 9.5 Applicable Law. 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. 9.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.7 Entire Agreement. 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 parties to be attached to and made a part of this Agreement. 9.8 Recordation of Agreement. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. 9.9 Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 9.10 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Coppell Trade Center, LP Tax Abatement Agreement -Page 9 71620 Zo 159 0710 , 9.11 Chamber of Commerce. During the term of this Agreement, Owner shall, or cause a corporate representative to, maintain continuous corporate membership in the Coppell Chamber of Commerce. 9.t2 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may be assigned with the consent of the City Manager. 9.13 Condition Precedent The tax abatement herein and this A{gre~em~ent is expressly conditioned upon the Owner closing its purchase of the Land on or before ~ 2005. EXECUTED in duplicate originals this the .S~y~ ~r,,~2005. City of~ , Texas By: Doug~ q. Stover, Mayor Attest: ~'-[7]bb~ Ball, C~ecret~' - By: Peter~th~/~i~rom~ EXECUTED in duplicate originals this the /~day of /~, 2005. CoppellTradeCenter, LP Tax Abatement Agreement Page 10 oosl 59 O? t05 71620 COPPELL TRADE CENTER, L.P., a Delaware limited partnership By: COPPELL TRADE CENTER GP, LLC, a Delaware limited liability company, its general partner By: COPPELL TRADE CENTER REIT, LLC, a Delaware limited liability company, its sole member By: PRINCIPAL ENHANCED PROPERTY FUND, L.P., a Delaware limited partnership, its managing member By: PRiNCIPAL ENHANCED PROPERTY FUND GP, LLC, a Delaware limited liability company, its general parmer By: PRiNCIPAL REAL ESTATE iNVESTORS, LLC, a Delaware limited liability company, its sole member By /~~~ Bdsn K. ~ort c'x Z/ ~x invsstme nt Director - As{iot~ana~emeli[ /5 ~r. es'~ento~rq~t~ hAY 1 0 2005 Assst ~gen~lnt Coppell Trade Center, LP Tax Abatement Agreement -Page 11 7iiSI 59 07106 71620 City's Acknowledgment State of Texas § County of Dallas § This instrument was acknowledged before me on the ] q day of ~- CrO~ 2005, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: ,~/.-o~ Public, State of Texas Notary Pubtic State of Texas Owner's Acknowledgment State 0fT~na~-~ § County of~ (~--~ § This instrument was acknowledged before me on the /d~day of ~~, 2005, by being the Center, LP., a Texas limited partnership, on behalf of said partnership. of Copp~ll/~ade My Commission Expires: - ¥- oo Notary/A6ublic, Sta~/of ~ I,,,~(. MARIE J. MILLF.,Fi I Coppell Trade Center, LP Tax Abatement Agreement -Page 12 2~st 59 07107 71620 Exhibit "A" Legal description of the Land BE1NG 40.655 acres of land located in the JOHN E. HOLLAND SURVEY, ABSTRACT NO. 614, City of Coppell, DALLAS County, Texas and being the same property conveyed to Coppell Sandy Lake Industrial, L.P., by deed recorded in Volume 2004147, Page 7592 of the Deed Records of Dallas County, Texas and more particularly described by metes and bounds as follows: BEGINNING at a 3/4 inch iron rod found at the Southeast comer of said Coppell Sandy Lake Industrial, L.P. tract, being the most Southerly Southwest comer of that certain 130.7100 acre tract of land conveyed to William F. Callejo, Trustee according to the Deed recorded in Volume 80004, Page 1835 of the Deed Records of DALLAS County, Texas, said iron rod lying in the North right-of-way line of Sandy Lake Road (Thweatt Road) (County Road No. 3044), a called 50 foot right-of-way, and lying be Deed South 89 degrees 43' 25" West, 697.18 feet and North 89 degrees 45' 00" West, 227.92 feet along said right-of- way line from the Southwest comer of that certain tract of land conveyed to Brazos River Transmission Electric Cooperative, Inc., according to the Deed recorded in Volume 2366, Page 327 of the Deed Records of Dallas County, Texas; THENCE North 89 degrees 45' 23" West for a distance of 1275.24 feet along the North right-of-way line of said Sandy Lake Road to a 5/8 inch iron rod found at the Southwest comer of said Coppell Sandy Lake Industrial, L.P. tract, same being the Southeast comer of that certain tract of land conveyed to Ferguson Realty Company according to the Deed recorded in Volume 79085, Page 2171 of the Deed Records of Dallas County, Texas; degrees 37' 01~; t ;fo .¢ THENCE North 00 W~ r ~.~ist~tnce of 1387.42 feet to a 5/8 inch iron rod found at the Northwest comer of said Coppell Sar~y Lfikq hdm~trial, L.P. tract, same being at the Northeast comer of said Ferguson Realty Company t~act End lying in the Southwest boundary line of aforesaid Callejo 130.710 acre tract; THENCE South 89 degrees 53'16" East for a distance of 1275.09 feet along the North boundary line of said Coppell Sandy Lake Industrial, L.P. tract and the common South boundary line of said Callejo tract, to a 3/4 inch iron rod found at the Northeast comer of said Coppell Sandy Lake Industrial, L.P. tract; THENCE South 00 degrees 37' 17" East for a distance of 1390.41 feet along the East boundary line of said Coppell Sandy Lake Industrial, L.P. tract and continuing with a West boundary line of Callejo tract to the PLACE OF BEGINNING and CONTAiNiNG 40.655 ACRES OF LAND, more or less. Coppeli Trade Center, LP Tax Abatement Agreement -Page 13 71620 21]~ ~UG 16 PH 2:25 CITY OF COPP£LL · 255 PARKWAY BLVD , P 0 BOX 478 COPPELL IX 75019