RE 12-14-99.2 RESOLUTION NO. 121499.2
Deed
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 121 PARTNERS, 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 among the City of Coppell Texas and Coppell 121 Partners, 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
opportunities.
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.
1 30297 1
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 scheduled 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 14th day of December 1999.
CITY COPPELL, TEXAS
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ATTORNEY
ROBERT E. HAGER, CITY ATTORNEY
(PGStttl 12/10/99)
2 30297 1
STATE OF TEXAS §
§ COPPELL, 121 PARTNERS PHASE II
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the "AGREEMENT') is entered into by and between the
City of CoppeLL, Texas (the "CITIY"), acting herein by and through its Mayor, and Coppell 121
Partners, L.P., a Delaware Limited Partnership (the "OWNER"), acting by and through its authorized
representative.
WITNESSETH:
WHEREAS, the City Council of the City of Coppell, Texas, (the "CITY'), passed an
Ordinance (the "ORDINANCE") establishing Tax Abatement Reinvestment Zone No. 24 (the
"ZONE"), for commercial/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 guidelines for tax abatement (the "TAX ABATEMENT
GUIDELINES'); and
WHEREAS, the TAX ABATEMENT GUIDELINES contain appropriate guidelines and
criteria governing 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'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 PHASE lI IMPROVEMENTS (hereinafter defined) to the PREMISES
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
WHEREAS, OWNER owns the real property described in Exhibit "A' and agrees to
construct or cause to be constructed thereon one (1) four-story office building of 126,400 square feet
(and other ancillary facilities such as reasonably required parking and landscaping more fully described
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 1 ss2s363
in the submittals filed by OWNER with the CITY from time to time in order to obtain a building
permit) The cost of construction of the PItASE LI IMPROVEMENTS including the land shall be at
least Nine Million Two Hundred Thousand Dollars ($9,200,000). The approximate location of such
PHASE II IMPROVEMENTS will be shown on a Site Plan of the PREMISES to be submitted to
the CITY.
WHEREAS, the City Council finds that the PHASE II 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 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 PREMISES is located; and
WHEREAS, the CITY desires to enter into an agreement with OWNER, 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 contributes to the economic development of Coppell and the enhancement of the tax
base in the CITY, the paxties agree as follows:
GENERAL PROVISIONS
1. OWNER is the owner or is under contract to purchase the real property described in
Exhibit "A" attached hereto and made a part hereof for all purposes (the "PREMISES"), 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. This AGREEMENT is entered into subject to the rights of the holders of outstanding
bonds of the C Y.
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 AUTHORIZED
5. This AGREEMENT is authorized by the TAX CODE and in arxordance 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.
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 2 SS25363
6. Subject to the terms and conditions of this AGREEMENT, and provided that: (i)
OWNER has commenced construction of the PHASE II IMPROVEMENTS within thirty (30)
months after the last certificate of occupancy is issued for the PHASE I IMPROVEMENTS; (ii)
OWNER is not in breach or default of that certain tax agreement by and between CITY and
OWNER for PHASE I; ('iii) the TAXABLE VALUE for the PHASE II IMPROVEMENTS,
excluding the land and required tenant finishout and excluding the PHASE I IMPROVEMENTS, is
at least Five Million Five Hundred Thousand Dollars ($5,500,000) as of January 1 of the FIRST
YEAR OF TAX ABATEMENT and as of January 1 of each consecutive year thereafter for a period
of four (4) years, the CITY grants OWNER an abatement of seventy-five percent (75%) of the
TAXABLE VALUE for the PHASE II IMPROVEMENTS provided however for any tax year
beginning after January 1 after completion of the interior of the PHASE II IMPROVEMENTS
(tenant finishout) the TAXABLE VALUE of the PHASE II IMPROVEMENTS excluding the land
shall be no less than Eight Million Sixteen Thousand Dollars ($8,016,000). The actual percentage of
taxes subject to abatement for each year of this AGREEMENT will apply only to the portion of the
TAXABLE VALUE of the PHASE lI IMPROVEMENTS that exceeds the BASE YEAR
TAXABLE VALUE for the PHASE II IMPROVEMENTS, the year in which this AGREEMENT
is executed (base year/1999).
7. The period of tax abatement herein authorized shall be for a period of five (5) years,
beginning on January 1 ofthe FIRST YEAR of TAX ABATEMENT and ending on December 31 of
the fourth (4th) consecutive calendar following the FIRST YEAR OF TAX ABATEMENT, unless
otherwise amended by the parties pursuant to the Tax Code.
8. During the period of tax abatement herein authorized, OWNER shall be subject to all
CITY taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the meanings
ascribed to them:
A. COMPLETION OF CONSTRUCTION shall mean substantial completion
of the shell of the building or buildings comprising the IMPROVEMENTS constructed on the
PREMISES as determined by the CITY.
B. The PREMISES shall mean the real property described in Exhibit "A"
attached hereto and incorporated herein for all purposes including the improvements to be
constructed thereon, but excluding personal property which is to be added to the real property
subsequent to the execution of this AGREEMENT;
C. The PHASE H IMPROVEMENTS shall mean the contemplated
improvements to be constructed on the PREMISES and as further described herein.
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 3 ss25363
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D. TAXABLE VALUE means the certified appraised value by the Appraisal
District as of January 1 of a given year.
E. The BASE YEAR shall mean the year in which this AGREEMENT is
executed (1999).
F. The FIRST YEAR OF TAX ABATEMENT shall be January 1 of the
calendar year immediately following the completion of construction of the shell of the building
or buildings comprising the PHASE II IMPROVEMENTS, excluding any required finish
out.
G. TANGIBLE PERSONAL PROPERTY shall mean OWNER's tangible
personal property, equipment and fixtures other than inventory or supplies added to the
PHASE II IMPROVEMENTS subsequent to the execution of this AGREEMENT.
H. An EVENT OF BANKRUPTCY OR INSOLVENCY shall mean the
dissolution or termination of OWNER's existence as a going business, insolvency,
appointment of receiver for any part of OWNER's property and such appointment 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 OWNER and such proceeding is not
dismissed within thirty (30) days after the filing thereof.
I. COMMENCE CONSTRUCTION shall mean the issuance of a building
permit for the PHASE II IMPROVEMENTS.
IMPROVEMENTS
10. OWNER owns or is under contract to purchase the real property described in Exhibit
"A" and agrees to construct or cause to be constructed thereon one (1) four-story office building of
126,400 square feet (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)(the "PHASE II IMPROVEMENTS"). The cost of development of the
PHASE II IMPROVEMENTS including the land shall be at least Nine Million Two Hundred
Thousand Dollars ($9,200,000). The location of such PHASE II IMPROVEMENTS will be shown
on a Site Plan of the PREMISES to be submitted to the CITY. The TAXABLE VALUE of
PHASE II IMPROVEMENTS, excluding the land and tenant finishout, and excluding the PHASE I
IMPROVEMENTS, shall be no less than Five Million Five Hundred Dollars ($5,500,000) as of
January 1 of the FIRST YEAR OF TAX ABATEMENT and as of January 1 of each consecutive
year thereafter for a period of four (4) years, provided however for any tax year beginning after
January 1 after completion of the interior of the PHASE II IMPROVEMENTS (tenant finishout) the
TAXABLE VALUE of the PHASE II IMPROVEMENTS excluding the land shall be no less than
Eight Million Sixteen Thousand Dollars ($8,016,000). Nothing in this AGREEMENT shall obligate
OWNER to construct the PHASE II IMPROVEMENTS, but said action is a condition precedent to
tax abatement pursuant to this AGREEMENT.
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 4 8S25363
11. OWNER agrees to commence construction of PHASE lI IMPROVEMENTS
within thirty (30) months after the last certificate of occupancy is issued for the PHASE I
IMPROVEMENTS, and such action is a condition precedent to tax abatement for the PHASE
II IMPROVEMENTS.
12. OWNER agrees to continuously occupy, operate, maintain and use the PHASE II
IMPROVEMENTS as an office buildings for a period of at least five (5) consecutive years
commencing on the date the last certificate of occupancy is issued for the PHASE II
IMPROVEMENTS.
CONSTRUCTION OF IMPROVEMENTS
13. As a condition precedent to the initiation of tax abatement pursuant to this
AGREEMENT, OWNER will diligently and faithfully, in good and workmanlike manner, and
commence construction of the PHASE II IMPROVEMENTS within thirty (30) months after the last
certificate of occupancy is issued for the PHASE I IMPROVEMENTS, and complete construction
of the PHASE II IMPROVEMENT on or before December 31, 2003 as good and valuable
consideration for this AGREEMENT, and that all construction of the PHASE II
IMPROVEMENTS will be in accordance with all applicable state and local laws, codes, and
regulations, (or valid waiver thereof); provided, that OWNER shall have such additional time to
complete and maintain the PHASE II IMPROVEMENTS as may be required in the event of "Force
Majeure," if OWNER is diligently and faithfully pursuing completion of the PHASE II
IMPROVEMENTS. For this purpose, "Force Majeure' shall mean any contingency or cause beyond
the reasonable control of OWNER 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 OWNER), fires, explosions or floods, strikes, slowdowns or
work stoppages.
14. OWNER agrees to construct and maintain the PHASE II 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 PHASE II 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 PHASE II 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 PHASE II IMPROVEMENTS constructed on the
PREMISES will be filed with the CITY, which shall be deemed to be incorporated by reference
herein and made a part hereof for all purposes.
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 5 ss25363
17. After completion of the PHASE II IMPROVEMENTS, OWNER shall certify in
writing to the CITY the construction cost of the PHASE II IMPROVEMENTS. OWNER shall
also annually certify to the CITY that it is in compliance with each term of the AGREEMENT.
18. The PREMISES and the PHASE lI IMPROVEMENTS constructed thereon at all
times shall be used as an office building 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.
19. OWNER agrees to provide the tenants of the PHASE II IMPROVEMENTS the
benefit of the abatement of the taxes granted herein. OWNER shall, upon written request,
provide the CITY with satisfactory evidence that the benefits of this AGREEMENT have been
provided to the tenants of the PHASE II IMPROVEMENTS.
DEFAULT: RECAPTURE OF TAX REVENUE
20. In the event OWNER fails in performance of any of the following conditions: (i)
completion of the PHASE II IMPROVEMENTS in accordance with this AGREEMENT or in
accordance with applicable State or local laws, codes or regulations; (ii) has any delinquent ad valorem
or State sales taxes owed to the CITY (provided OWNER retains its right to timely and properly
protest such taxes or assessment); ('di) upon the occurrence of any "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, OWNER shall, within thirty
(30) days after demand, pay to the CITY all taxes 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 further agree that any property tax revenue lost, including interest as a result of this
AGREEMENT, shall be recoverable against OWNER, its successors and assigns and shall constitute
a tax lien on the PREMISES and the TANGIBLE PERSONAL PROPERTY and shall become
due, owing and shall be paid to the CITY within thirty (30) days after termination.
21. Upon breach by OWNER of any obligations under this AGREEMENT, the CITY
shall notify OWNER in writing. OWNER shall have thirty (30) days from 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 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 violation must be cured.
22. If OWNER fails to cure 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 OWNER
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 6 ss25363
23. Upon termination of this AGREEMENT by CITY, 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 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 tax revenue abated for the purposes of the AGREEMENT shall be
based upon the full TAXABLE VALUE without tax abatement for the years in which tax abatement
hereunder was received by OWNER with respect to the PHASE II IMPROVEMENTS and the
TANGIBLE/PERSONAL PROPERTY located thereon, 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 APPLICATION FOR TAX EXEMPTION; RENDITION
24. It shall be the responsibility of OWNER, 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 situs. A copy of the exemption application shall be submitted to the
CITY.
25. OWNER shall annually render the values of the PHASE lI IMPROVEMENTS
and the TANGIBLE PERSONAL PROPERTY to the Appraisal District and provide a copy of
the same to the CITY.
SUCCESSORS AND ASSIGNS
26. 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 assigns. This
AGREEMENT may not be assigned without the consent of the City Manager, which shall not be
unreasonably withheld.
NOTICE
27. 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 delivery:
If intended for OWNER, to:
Attn: Charles A. "Mac" McClure
care of The Industrial Group
P.O. Box 802007
Dallas, Texas 75380-2047
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 7 ss25363
With copy to:
Mr. Gary S. Kessler
Kessler & Collins, P.C.
5950 Sherry Lane
Suite 222
Dallas, Texas 75225
If intended for CITY, to:
City of Coppell, Texas
City Manager
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
I-Iager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
28. 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.
TAXPAYER AUTHORIZATION
29. This AGREEMENT is executed by Michael J. Everly, authorized signatory of
OWNER who is authorized to execute this AGREEMENT on behalf of OWNER
SEVERABILITY
30. 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.
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 8 SS25363
APPLICABLE LAW
31. 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.
COUNTERPARTS
32. 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.
ENTIRE AGREEMENT
33. 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.
34. The provisions of this AGREEMENT are hereby declared covenants running with the
PREMISES and are fully binding on all successors, heirs, and assigns of OWNER who acquire any
right, title, or interest in or to the PREMISES, or any part thereof. Any person who acquires any
right, title, or interest in or to the PREMISES, 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 PREMISES.
RECORDATION OF AGREEMENT
35. A certified copy of this AGREEMENT shall be recorded in the Deed Records of
Dallas County, Texas.
INCORPORATION OF RECITALS
36. The determinations recited and declared in the preambles to this AGREEMENT are
hereby incorporated herein as part of this AGREEMENT.
EXHlBITS
37. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
CONSTRUCTION
38. 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. OWNER acknowledges that it has obtained legal counsel to assist in the preparation of this
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 9 8825363
AGREEMENT and that OWNER 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.
39. This AGREEMENT is contingent upon OWNER closing its purchase of the
PREMISES.
EXECUTED in duplicate originals this the15th day of December 1999.
CITY OF COPPELL
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
EXECUTED in duplicate originals this the 22 day of nOV , 1999.
COPPELL, 121 PARTNERS, LP., A DELAWARE
LIMITED PARTNERSHIP
By
MICHAEL J. EVERLY
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 10 ss25363
CITY' S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS
§
This instrument was acknowledged before me on the 15th day of December, 1999,
by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said
municipality.
LIBBY BALL
Notary Public, State of Texas
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COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 11 ss25363
OWNER'S ACKNOWLEDGMENT
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me day of , 19~
by Michael J. Every, authorized signatory 121 Partners, L.P., a Delaware Limited
Partnership, on behalf of said partnership.
Notary Public, State of
My Commission expires: (SEE ATTACHED)
COPPELL 121 PARTNERS PHASE II
TAX ABATEMENT AGREEMENT - Page 12 ss25363
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of LOS ANGELES
On 11.20.99 , before me, SHELLY A. DEWBERRY ,
personally appeared MICHAEL J. EVERLY ame and ~tle o~ O~cer (e,g., Jane e, Nota~ Public")
personally known to me
~ proved to me on the basis of satisfacto~
~' subscribed to the within instrument and
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Signer Is Representing:
:~ 1997 National Nota~Association · 9350 De SotoAve., PO Box 2402 · Chalswodh, CA 91313-2402 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827
FIELD NOTES:
WHEREAS, Coppell121 Partners, L.P.. is the sole owner of a tract of land situated in the
T.W. Cousy Survey, Abstract NO. 317, and being allot Phase 1, Block I, One Twenty
One Business Park, an addition to the city of Coppell, as recorded in Volume 81094, Page
2568, Map Records, Dallas County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2' found iron rod with cap for the southeast corner of Phase I, BlOCK
1. said ironn rod being in the west right-of-way line of Coppell Road as dedicated on the
Final Plat - Phase I, One Twenty One Business Park, as recorded In Volume 81094, Page
2568, Map Records, Dallas County, Texas, and also being in the north line of the
Callejo, Trust, tract recorded in Volume 80004, Page 1835, Deed Records, Dallas
County, Texas, and also being in the common Iine of the John E. HOlland Survey, AbsTract
No. 614 and the T.W. Cousy Survey, Absfract No. 317
THENCE NOrth 88 degrees 26 minutes 35 seconds West along the SOuth line of Said
T.W. Cousy Survey, distance of 2497.11 feet to a1/2' found iron rod with cap for
corner, said Iron nod being In the east right-of-way line of State Highway 121(variable
width right-of-way); .,
THENCE NOrth 44 degrees 13 minutes 23 seconds East. departing said south line and
along said east line, a distance of 691.76 feet to a 1/2' found iron rod with cap for corner,
said iron rod being In the south right-of-way line of Corporate Park Boulevard (60 foot
wide right-of-way), and also being the point of curvature for a non-tangent CirCular curve
fo the left wiTh a radius of 460.27 feet and a chord bearing and distance of South68
degrees 20 minutes 32 seconds East, 315.06 feet;
THENCE along sold curve to the left, departing said east line and along said south line,,
through a centra langle of 40 degrees 1 minute 43 seconds, an arc distance of 321.56 feet
to a 1/2' found iron rod with cap for corner;
THENCE South 88 degrees 26 minutes 0 seconds East, along said south line, a distance
of 1731.83 feet to a 1/2' found iron rod with cap for corner, said iron rod being in said
west right-of-way line of Coppell Road;
THENCE South I degree 28 minutes 22 secondS west, departing said south line and
along said west line, a distance of 40O;09 feet to the POINT 0F BEGINNING AND
CONTAINING 94,102 square feet or 21.6047 acres of land more or less.
EXt{IBIT "A"
.- ... :,,, :. x',t LOC~
i ~ real property because Ot cel~ Or
STATE OF TEXAS COUNTY OF DALLAS
~_J
I ~rebv ccdHy this instrument was filed on the date and
Stempc..t heroin by me ~nd ~=,~s du~y recoided l~ the volgme a~
a~e 0~ lhe name~ recolds of Oa;las Count, T~as as
DEC 2g 1S99
o, ,[+~' COUN~ CLER~ Dallas Count, T~
RETURN TO;
CITY OF COPPELL
255 PARKWAY BLVD
COPPELL, TX 75019
ATTN; CHAD BEACH