RE 08-31-89.2
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 083189.2
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING CITY OF
COPPELL TAX ABATEMENT AGREEMENT NO. I WITH THE BAPTIST FOUNDATION
OF TEXAS AND BRANCH PROPERTIES, INC.; AUTHORIZING EXECUTION OF THE
AGREEMENT BY THE MAYOR OF THE CITY OF COPPELL, TEXAS; AND DECLAqING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has heretofore elected
to become eligible to participate in tax abatement pursuant to the Property
Redevelopment and Tax Abatement Act of the State of Texas and has established and
adopted guidelines and criteria for tax abatement agreements by the City; and
WHEREAS, the City Council of the City of Coppell, Texas, finds that the terms
of the Agreement which is attached hereto as Exhibit "A", and the property subject to
the Agreement meet the applicable guidelines and criteria heretofore adopted by the
City Council pursuant to the Property Redevelopment and Tax Abatement Act of the
State of Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
Section 1.
That the City Council of the City of Coppell, Texas, having heretofore by
resolution elected to become eligible to participate in tax abatement and having
heretofore by resolution adopted guidelines and criteria for tax abatement agreements,
hereby approves City of Coppell Tax Abatement Agreement No. i between the City of
Coppell and the Baptist Foundation of Texas and Branch Properties, Inc., a copy of
which is attached hereto as Exhibit "A" and made a part hereof for all purposes.
Section 2.
The City Council of the City of Coppell, Texas, finds that the terms of said City
of Coppell Tax Abatement Agreement No. 1 and the property subject to the Agreement
meet the applicable guidelines and criteria heretofore adopted by the City Council
pursuant to the provisions of the Property Redevelopment Tax Abatement Act of the
State of Texas.
Section 3.
The Mayor of the City of Coppell, Texas, is hereby authorized to execute said
Agreement for and on behalf of the City of Coppell, Texas.
Seetion 4.
This resolution shall become effective immediately upon its passage as the law
in such cases provides.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell,
Texas, on the 31st day of August, 1989.
THE CITY 0F COPPELL, TEXAS
By:Mark Wolfe
Mayor
ATTEST:
Dorothy Timmons
City Secretary
APPROVED AS TO FORM:
Lawrence W. Jackson
CR89-0831.1
CITY OF COPPELL
TAX ABATEMENT AGREEMENT NO. 1
This Agreement entered into by and between the CITY OF COPPELL, TEXAS,
a municipal corporation in Dallas County, Texas (herein referred to as "City"), duly
acting through its authorized Mayor and City Council and the BAPTIST FOUNDATION
OF TEXAS, a Texas non-profit corporation, and BRANClt PROPERTIES, INC., a Texas
corporation.
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas, has heretofore adopted
GUIDELINES AND CRITERIA FOR TAX ABATEMENT AGREEMENTS (the "Guidelines");
and
WHEREAS, on the 14th day of March, 1989, and on April 21, 1989, the City of
Coppell, Coppell Independent School District (the "School District"), and the Baptist
Foundation of Texas entered into agreements regarding the designation of a proposed
Reinvestment Zone and Tax Abatement District (the "Initial Agreements"), copies of
which are attached hereto as Exhibit "2" and made a part hereof for all purposes; and
WHEREAS, since the time of the adoption of said Initial Agreements, the parties
hereto have obtained more specific facts and data concerning the streets and other
matters relating to the property; and
WBEREAS, it is the desire of the undersigned parties to ratify and expand upon
said Initial Agreements as provided for herein; and
WIIEREAS, the real property designated to be Coppe]l Reinvestment Zone No. 1
is owned solely by Baptist Foundation of Texas and its wholly owned subsidiary, Branch
Properties, Inc. (both herein referred to jointly and separately as "Owner" as the
situation may require); and
WHEREAS, said Owner and City desire to finalize their tax abatement agreement
in accordance with the Guidelines as heretofore authorized by the City.
NOW, THERI{FORI~, for good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, and upon the terms and conditions set forth herein,
the parties do hereby mutually agree as follows:
1. The property (the "Property") is that property now more particularly
described on Exhibit "1," attached hereto and incorporated herein by reference.
2. This Agreement is subject to the conditions set forth in the Initial
Agreements attached hereto as Exhibit "2" as expanded upon or modified herein and
shall not become effective or be put into effect as an abatement of taxes except upon
the adoption by the City, after public hearing, of an ordinance designating "the Property"
as a Reinvestment Zone and the occurrence of the conditions subsequent set forth
herein and in particular the conditions subsequent stated in Paragraph 14 of this
Agreement.
3. Owner shall convey to the City by deed or dedicate by plat the following
parcels of land as shown on the attached Exhibit "1" to wit:
Area Description Estimated Acreage
Park Site 5.846
Floodway Parcel #1 7.151
Floodway Parcel #2 2.412
University Drive R.O.W. 2.711
Houston Drive R.O.W. 1.514
* Webb Roberts Drive R.O.W. 1.620
* Burns Street R.O.W. 1.966
R.O.W. Dedication #1 0.335
R.O.W. Dedication #2 0.114
R.O.W. Dedication #3 0.039
R.O.W. Dedication #4 0.646
R.O.W. Dedication #5 0.006
R.O.W. Dedication #6 0.021
R.O.W. Dedication #7 0.032
* Webb Roberts Drive and Burns Street may be deleted or relocated as development
plans may require.
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4. Owner shall construct and pave all interior roadways, that is, University
Drive, Houston Drive, Webb ]~oberts Drive and Burns Street, together w|th all utilit|es,
at the sole cost and expense of Owner, in good and workmanlike manner pursuant to
City Codes applicable thereto in accordance with plans and specifications submitted to
and approved by City. The schedule for completion of interior streets and congruent
utilities shall be as follows:
a. University Drive - not later than commencement date of construction of
the first Texas A&M University (herein referred to as "TAMU") facility as
described hereinbelow, or at such later date as City may prescribe.
b. Houston Drive - not later than the completion date of the second TAMU
facility as described hereinbelow, or at such later date as the City may
prescribe.
c. Webb Roberts Drive - if and when development plans so require.
d. Burns Street - if and when development plans so require.
City will accept such improvements after making a determination that they have
been constructed in accordance with City plans and specifications. After acceptance
the City will be fully responsible for all repair and maintenance of said improvements
at its sole cost and expense.
5. Owner shall convey, at no cost or expense, to TAMU or to the City, as
circumstances may require, ten (10) acres of land, designated on the attached Exhibit
"1" as "A&M Bite" at such time as the City or TAMU shall notify Owner that the City
or TAMU will, within sixty (60) days from date of notice, commence construction of
an office/classroom facility of not ]ess than 30,000 square feet for use of Texas
Engineering ~xtension Service of The Texas A&M University System. The deed of
conveyance shall contain a clause whereby, if such office/classroom facility is not
commenced within two (2) years of date of such deed, and is not diligently continued
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to completion and occupied by TAMU upon completion, then in such event, the ten (10)
acres of land, together with any improvements thereon, shah revert to Owner.
6. It is anticipated that TAMU may in the future build a second facility
similar to that described in Paragraph 5, above, and if so, Owner will, not later than
the completion of such second facility, complete the street and utility improvements
designated as "Houston Drive" as shown on the attached Exhibit "1."
7. Owner shah also grant to the City and School District (if it adopts this
Agreement), their respective agents and employees, reasonable right of access to the
Property to inspect the improvements to be placed thereon by Owner as provided herein,
to insure that construction of said improvements is in accordance with the Agreement
and aH applicable City Codes.
8. City agrees to exempt Owner, its successors and assigns, from the payment
of any assessment for construction costs for the widening of Bethel Road to four (4) or
six (6) lanes, including cost of bridge across Grapevine Creek, made against the Property.
It is not intended that additional land fronting on Bethel Road acquired by Owner after
date hereof shall be included in the exemption.
9. City agrees to provide and pave left turn lanes at the existing median
breaks on Denton Tap Road adjacent to the Property.
10. City will adjust the right-of-way alignment of the Bethel Road/Denton Tap
[toad intersection as shown on Exhibit "1" so as to not overly penalize Owner. The
adjustment to be made in accordance with prudent engineering, however, expectation
is that the thirty (30) foot of additional right-of-way at the said intersection can be
narrowed to the five (5) foot right-of-way within one hundred (100) to two hundred
(200) feet from such intersection.
11. Subject to the conditions subsequent necessary to put this Agreement into
effect, City agrees that for a term of fifteen (15) years, commencing January 1
immediately preceding the effective date of the abatement, taxes assessed on the real
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property portion of the Property (whether or not now or hereafter improved) by the
City will be abated for the amount of the difference between the respective assessed
amount during each year of the fifteen (15) year term in excess of the actual amount
of taxes paid on the real property portion (that is, excluding any taxes paid on
improvements) of the Property for the year 1988 in the amount of $6,041.28 to the
City. Should any other taxing authority adopt and approve and become a party to this
Tax Abatement Agreement, then said authority's taxes will be abated similarly on the
same basis of the difference in actual taxes paid on the real property portion of the
Property for the year 1988, and the assessed amount of taxes during the term hereof.
The City (and any other taxing authority joining herein) shall be entitled to assess and
collect taxes on any improvements now or hereafter placed on the Property during the
term of this Agreement.
12. The abatement shall vest in Owner and be assignable to each new owner
or lessee of all or a portion of the Property without further approval of the City for
the term of the abatement provided by this Agreement.
13. Ail notices called for or required by this Agreement shall be addressed to
the parties in the following manners and sent by certified mail, postage prepaid or by
hand delivery:
City of Coppeil, Texas
P. O. Box 478
Coppell, Texas 75019
Baptist Foundation of Texas
2001 Bryan, Suite 1500
Dallas, Texas 75201-3003
Branch Properties, Inc.
2001 Bryan, Suite 1500
Dallas, Texas 75201-3903
Coppell Independent School District
1201 Wrangler Drive
Coppell, Texas 75019
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14. If the University Building described in Paragraph 5 above is not commenced
within two (2) years from the date of the deed described in said Paragraph 5, the tax
abatement which is the subject of this Agreement shall not go into effect, and any
ordinance designating the Property as a Reinvestment Zone may be repealed, and the
commitments of all parties hereto shall terminate without any liability or further
obligation between the parties hereto, except as to the commitments between Owners
and City as set out in the following paragraph.
15. Owner's dedication of Grapevine Springs Park to the City shall not
terminate, and City shall remain obligated to construct the left turn lanes on Denton
Tap Road. Also, termination of the basic commitments hereinabove expressed shall not
have any automatic effect on the zoning of the Property.
16. The terms and conditions of this Agreement are binding upon the successors
and assigns of the parties hereto and all subsequent owners of any portion of the
Property to the extent of the tax abatement but not as to the obligations of Owner
hereunder.
This Agreement is executed and delivered the 31st day of August, 1989.
ATTEST: ' CITY OF COPPELL, TEXAS
By: Dorothy Timmons By: Mark Wolfe
City Secretary Its Mayor
APPROVED AS TO FORM:
By: Lawrence W. Jackson
BAPTIST FOUNDATION OF TEXAS
By:
Calvin B. Reeves, Vice President
BRANCH PROPERTIES, INC.
By:
Calvin B. Reeves,
Vice President
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COUNTY OF DALLAS §
This instrument was acknowledged before me on this 31st day of
August , 1989, by Mark Wolfe , Mayor of the City of
Coppell, Texas.
LINDA LEE GRAU
Notary-Public, State of Texas
My Commission Expires: Notary's Printed Name:
July 15, 1990 Linda Lee Grau
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this 31ST day of
August , 1989, by Calvin B. Reeves, Vice President of Baptist Foundation of
Texas, a Texas corporation, on behalf of said corporation.
Debbie Mock
Notary Public, State of Texas
My Commission Notary's Printed Name:
2/19/90 Debbie Mock
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STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this 31st day of
August , 1989, by Calvin B. Reeves, Vice President of Branch Properties, Inc.,
a Texas corporation, on behalf of said corporation.
Debbie Mock
Notary Public, State of Texas
My Commission Expire Notary's Printed blame:
2/19/99 Debbie Mock
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