HomeMy WebLinkAbout1995-12-13-1100AM-SpecialFILED
95 DEC -7 AN 8: 11
BRAZOS COUNTY os caU YTTCau H E
BRYAN. TEXAS OEEPPUUTY
AGENDA
BRAZOS COUNTY COMMISSIONERS COURT SPECIAL SESSION
The Commissioners Court will meet in a special session on Wednesday, December 13,1995
at 11:00 a.m. In the Commissioners Courtroom of the Brazos County Courthouse, 300 East
26th Street, Suite 115, Bryan, Texas.
The purpose of the meeting is to consider a tax abatement agreement for Sanderson Farms,
Inc.
The building is wheelchair accessible. Handicap perking spaces are available. Any request for
sign interpretive services must be made 48 hours before the mating. To make arrangements,
call (409) 361-4102.
A
f
.76
i
COMMISSIONERS' COURT
SPECIAL MEETING
DECEMBER 13, 1995 A special meeting of the Commissioners' Court of Brazos :j
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 11:00
a.m. on Wednesday, December 13, 1995, with the following
members of the Court present:
Alvin W. Jones, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
i Sandie Walker, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4, Absent;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod
David W. Fojtek
Chip Lambert
Jay Don Watson
Phyllis C. Fahlquist
James C. Ward
Executive Assistant
Auditor's Office
Bryan/College Station Eagle
Sanderson Farms, Inc.
League of Women Voters
KBTX-TV
The Court met to consider the adoption of resolution
creating a re-ivestment zone and a tax abatement agreement for
Sanderson Farms, Inc.. Commissioner Norton moved to create a
re-investment zone on the 350 acres in the S. F. Austin
League, A-33 and the Thomas F. McKinney League, A-33 and to
enter into an Agreement for development and tax abatement with
Sanderson Farms, Inc.. Commissioner Walker seconded the
motion and it carried unanimously. A copies the Resolution
and Tax Abatement Agreement are attached hereto.
There being no further business to come before the Court,
the meeting was adjourned.,
F
t
f
VO PACK...
The foregoing minutes of the Commissioners Court meeting
held December 13, 1995 have been examined and are approved in
open Court this the = Aj day of
in Bryan, Brazos County, Texas.
CA: - - - I (a. - ~4~
Al n W. Jo es
County Judge
4wker
SandCommissioner, Precinct 2
6; K"a.'46- a
Carey Cau ey, Jr.
Commissio er, Precin 4
t
Gary No
Commis ione , Precinct 1
Z'-4 -
Randy S s
Commis Toner, Precinct 3
~1~'..C~~IZLL~~
Mary n Ward
County Clerk
Vp PAQK. ,C
. _ ~ . ~.s._i: ~u+d'~i:.~..ti'..:_s~i_.i,.:.L' Sti...s.+~iY.i-.sue-~ +.~ei~ur=- - • ~~ads F~~'"-~` '.MiL'S':_:::~.....a..._ t..
RESOLUTION
STATE OF TEXAS §
COUNTY OF BRAZOS §
BE IT REMEMBERED, at a special meeting of the Commissioners Court of Brazos
County, Texas held on the 13th day of December, 1995 on motion made by Gary Norton
and seconded by Commissioner Sandie Walker, the following resolution was adopted:
WHEREAS, Brazos County, Texas has the legal authority to create reinvestment
zones and enter into tax abatement agreements with private individuals and companies for
the purpose of attracting business and industry to the County; and
WHEREAS, Sanderson Farms, Inc. had requested certain economic incentives from
Brazos County as an inducement to locate a new chicken processing plant in Brazos,
County; and
WHEREAS, Brazos County wished to be in a position to consider the advantages of
potentially enter into some economic incentives agreements with Sanders Farms, Inc.; and
WHEREAS, the State law of Texas, Tax Code Chapter 312 provides for the creation
of reinvestment zones upon notice and public hearing; and
WHEREAS, the County followed all legal procedures necessary to create such
reinvestment zone in order to be able to enter into certain economic agreements with
Sanderson Farms, Inc.;,and
WHEREAS, after notice and public hearing the Court determined it was in the best
interest of the County and its citizens to create a reinvestment zone in order to attract new
industry to the County.
NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners
Court does hereby create a reinvestment zone lying and being situated in the S. F. Austin
League No. 9, A-62 and the Thomas F. McKinney, A-33 in Brazos County, Texas and
consisting of 350 acres more or less as more particularly described in that certain
f
tr
T
• VOL-7 -PAGE
9
Warranty Deed from Jess D. Conlee et aL to Sanderson Fames, Inc. and recorded in
Volume 2440, Page 200, Official Records of Brazos County, Texas
Done in open court on the 13th day of December, 1995.
r/1 V
JUD AL VIN W. J
COMMISSIO RANDY SIMS,
Precinct N .
rY NORTON,
v
COMNHSSIO IE WAIKER,
Precinct No. 2
ccdMmISSIPNER CAREY cAyLEY, JR.
Precinct o.4
i V4 PAGF...TY...
s ,
r ~
..J.•r-~... ~ L.~.a~l,~t.a ~:s:1h~~.,.LuJ--~i:S~~~<_ :~S Y~i,~ ~itc~_~e~ili~Nv: 1~ ~J~ti~• : s u ~ -
1
1
EXHIBIT "Au
&IMXT -A•
Being all that certain•lot,.tract, or parcel of land lying and being situated in the S.F.
Austin League No. 9, A-62, and the Thomas F. HcYJm=y League, A-33, in Brazos County, Texas,
being part of the land in said Leagues called 1,283.72 acres and particularly described in
that one certain Deed of Trust from Jess coulee and wife Florence Coulee to Henry B. clay,
Trustee, dated July 14, 1965, and recorded in Volume lie, Page 177 of the Deed of Trust
Records of said County, and conveyed by areas Coulee and wife Florence Coulee to their sons
Donald H. Coulee, Douglas M. Coulee, and J.D. Conlee by Deeds dated December i6, 1965, 1966,
and February 4, 1967 and recorded in Volume 252, Page 1, Volume 252, Page 369, and Volume
260, Page 173, respectively, of the Deed Records of Brazos County, and being more particulary
described as follows:
COMMENCING at the east corner of said 1,283.72 acre tract, in said
Austin League;
THENCE along the northeast line of said 1,283.72 acre tract, N 45' 41'
24" u, 2,470,98 feet to corner in Cottonwood Branch in said Austin League, and
the PLACE OF BEGINININC,;
THENCE retracing said northeast line, which is also the southwest line
of the Brazos County Industrial Park Phase Y BCIP V), according to the plat
recorded in Volume 718, Page 405 of the Official Records of said County, S 45'
41' 24A E, at 30.00 feet set a concrete monument for witness on the bank of
said Cottonwood Branch, at 874.14 feet intersect the centerline of Shiloh
Avenue in said BCIP V, at 1,453,77 feet pass an iron rod at the common corner
of Lot 8 of Block 5 of said BCIP V and the tract called fifteen acres described
in the Deed from John Cunningham gt al to W.A. Stasney dated March 18, 1936 and
recorded in Volume 91, Page 417 of said Deed Records, continue, now on
Stasney's line, 2;470.98 feet in all to a concrete monument set at the east
corner of said 13283,72 acre tract, which is also the east corner of this
350.00 acre tract, at the north corner of the tract called 25 acres described
in the Deed from H. Mitchell to.Thomas Jones (written Tom Jones or Tony Jones
in some later Deeds) dated September 16, 1881, and recorded in Volume V, Page
391 of said Deed Records, oh the southwest line of the Second Tract called 25
acres described in the Deed from Rowena R. Bible and husband O.X. Bible to W.A.
Stasney dated March 3, 1936 and recorded in Volume 90, Page 617 of said Deed
Records;
THENCE along the northwest line of said tract described in Volume V,
Page 391 of sal% Deed Records, 5 44' 18' 3611 K, 1,000:00 feet to a concrete
monument set a, the west corner of said tract, which is also the north corner
of the tract called 101.3 acres described in the Deed from Jess E. Conlee to
W.A. Stasney dated March 18, 1937 and recorded in Volume 93, Page 251 of said
Deed Records;
vot. 7 YAOE ~S
T. .
+ r.+t
c
i
t
1
EXHIBIT "A°
THENCE along the northwest line of said tract described in Volume 93,
Page 251 of said Deed Records, as follows:
S 44' 36' 41' W, 987.71 feet to a concrete monument set at a jog corner
on said line,
S 27' 38' 09" E, 100.00 feet to a concrete monument set at another fog
corner on said line,
S,,33' 06' 51' W, 150.00 feet to a concrete monument set on said line,
S 38. 21' 51" W, 363.89 feet to a concrete monument set on said line,
and
r
.I
S 320 51' 51" W, at 1,178.89 feet set a concrete monument -on said line
for witness, continue 1,188.89 feet in all to a cedar post for corner at a
southern corner of said 1,283.72 acre tract, which is also the south corner of
this 350.00 acre tract, on or near the common line of said Austin League and
the Isaac L. Jaques Survey, A-143 in said County, which is also the northeast
line of the tract called 304.3 acres described in the Deed from Mortgage Land
& Investment Company to W.A. Stasnyr dated August 26, 1938 and recorded in
Volume 97, Page 15 of said Deed Records;
THENCE along or near said common line of said Austin League and Jaques
Survey, on the northeast line of said 304.3 acre tract and a southwest line of
said 1,283.72 acre tract, H 459 58' 504 W, at 10.00 feet set a concrete
monument for witness, at 3,028.17 feet set a concrete monument for witness,
continue 3,038.17 feet in all to a post for corner at the north corner of said
304.3 acre tract, which is also a re-entrant corner of said 1,283.72 acre
tract, at or near the common corner of said Austin League and said Jaques
Survey on the southeast line of said McKinney League;
THENCE within said McKinney League and said 1,283.72 acre tract, N 48'
58' 28' W, at 10.00 feet set a concrete monument for witness, at 2,893.42 feet
set a concrete monument for witness on the bank of said Cottonwood Branch,
continue 2,913.42 feet in all to corner in said Cottonwood Branch;
YOL,
-.,..,yam-.~.~ti..:t.:_-• .<<
• EXHIBIT "A"
lei THENCE up said Cottonwood Branch with its meanders as follows:
N 42' 47' 43" E, 18.15 feet,
N 69' 57' 25" E, 57.90 feet,
N 20' 14' 27" W. 57.09 feet,
N 27' 09' 37' W, 57.71 feet,
N 82' 01' 13" W, 80.34 feet,
N 02' 06' 35" W, 45.88 feet,
N 27' 31' 49' W, 24.98 feet.
H 59' 05' 12" W, 63.08 feet,
N 45' 04' 28' E, 33.38 feet,
S 79' 59' 40" E, 191.69 feet,
S 32' 24' 25" E, 38.17 feet,
S 88' 08' 19" E, 37.90 feet,
N 81' 05' 24" E. 34.40 feet,
S 47' 181 01" E. 30.42 feet,
S 33' 40' 17" W, 40.02 feet,
S 08. 16' S1' E. 30.80 feet,
S 87' 04' 04" E, 84.37 feet,
N.40' 19' 59" E, 30.89 feet,
N 01' 05' 36' W, • 76.73 feet,
N 39'. 03' 51"•E, 61.00 feet,
S 57' 23' 41' E, 43.83 feet,
N 49' 54' 11" E, 25.07 feet,
S 77' 01' 20' E, 38.83 feet,
S 184 07' 054 W, 51.45 feet,
S 571 30' 19' E, 30.09 feet,
S 02' 51' 08" E, 27.71 feet,
N 81. 46' S0" E, 49.17 feet,
N 68' 49' 08' E,' 20.56 feet,
S 43' 36' 55' E, 28.62 feet,
S 85. 52' 14' E, 45.39 feet,
S 11' 10' 550 E, 33.13 feet,
S 63' 56' 53" E, 76.86 feet,
S 040 12' 10" E, 79.05 feet,
S 07' 57' 22" E, 86.22 feet,
S 72. 19' 17' E. 35.74 feet,
S 61' 15' 44" E, 17.73 feet,
S 59' 06' 05" E, $6.04 feet,
S 53' 41' 23" E, 71.44 feet,
N 75' 40' 12" E, 111.29 feet,
S 80' 57' 02" E, 114.20 feet,
S 59' 34' 27" E, 35.40 feet,
S 26' 261 3" E. 45.95 feet,
N 36. 57' 16" E, 70.88 feet,
N 84' 05' 33' E, 103.34 feet,
r
PAQF,
EXHIBIT "A"
N 59'
23'
24"
E,
N 08'
19'
31'
V,
S 79'
55'
00"
E.
S 69'
38'
39'
E,
N 85'
51'
20'
E,
N 06'
33'
18'
E,
S 77'
37'
21'
E,
S 65'
2S'
55'
E.
N 70'
53'
43'
E,
N 10'
58'
25"
W,
N 11'
39'
36`
E,
N 11'
35'
41"
W,
N 58'
22'
20'
W,
N 39'
08'
16"
W,
S 56'
35'
49'
W,
N 87'
52'
47'
E,
S 58'
23'
159
E,
S 79'
30'
59'
E,
N 38'
45'
25"
E,
N 21'
34'
269
E,
N 39'
22'
49'
W,
N 86'
10'
24"
E,
S"740
31'
31'
E,
S 61'
52'
08'
E,
S 04'
52'
50"
E,
S 04'
03'
4419
W,
S 12'
30'
41"
E,
N 78'
51'
35'
E,
N 39'
04'
31"
E,
S 69'
49'
03'
E,
N 34'
15'
S4'
E,
S 86'
46'
539
E,
N 27'
31'
24'
E,
N 49'
49'
46"
E,
S 64'
23'
1S'
E,
S 51'
40'
21"
E,
N 65'
16'
1S'
E,
N 68'
07'
44'
E,
N 27'
21'
28'
E,
N 67'
35'
41'
E,
S 15'
07'
30'
E,
N 86'
11'
11'
E,
N 20'
18'
49"
E,
N 29'
19'
S7"
W,
N 084
05'
13"
E,
N 62'
00'
309
E,
c
r
38.79 feet,
42.81 feet,
130.80 feet,
75.28 feet,
103.95 feet,
75.51 feet,
35.57 feet,
83.67 feet,
83.06 feet,
42.75 feet
78.32 feet,
86.36 feet,
87.40 feet,
37.01 feet,
9.38 feet,
36.71 feet,
53.18 feet,
39.57 feet,
169.16 feet,
162.37 feet,
5.81 feet,
39.74 feet,
111.08 feet,
14.22 feet,
57.55 feet,
41.81 feet,
86.24 feet,
34.34 feet,
95.50 feet,
119.97 feet,
157.63 feet,
104.43 feet,
34.47 feet,
31.78 feet,
56.59 feet,
41.43 feet,
35.37 feet,
17.16 feet,
67.47 feet,
44.25 feet,
62.07 feet,
178.12 feet,
52.01 feet,
78.34 feet,
87.68 feet,
62.00 feet,
i
VA PAG st
- • ~..:+..~.-....:..ac .ie~.ka~zai=oJw.4}~.. tl _ - ;c_ . •,d..`'r,~n`.ur r r / rt~ra". 1 . - .1 i
` lC~t111~1 I "A"
S 74' 43' 30" E, 62.93 feet,
S 07' 47' 55" W, 113.09 feet,
S 44' 59' 22' E, 33.18 feet,
N 56' 41' 09" E, 56.61 feet,
N 89' 09' 54" E, 43.06 feet,
S 61' 32' 31" E, 174.99 feet,
N 21' 01' 16' E. 143.24 feet,
N 40' 19' 58" W, 40.06 feet,
N 20' 33' 52" E. 71.66 feet,
N 46' 37' 30' E. 137.82 feet,
S 50' 39' 21' E, 152.64 feet,
S 84' 23' 09" E, 114.02 feet,
S 02' 35' 34' E, 73.71 feet,
S 06' 17' 42" W, 72.67 feet,
S 28' 53' 210 W, 70.93 feet,
S 11' 53' 12' E, 41.52 feet,
S 43' 25' 27' E, 99.42 feet,
N 64' 51' 310 E, 53.36 feet,
N 63' 47' 490 E, 58.97 feet,
S 89' 49' 310 E, 51.29 feet,
S 33' 09' 240 E, 49.90 feet,
N 64' 37' 35' E, 108.03 feet,
N 25' 45' 100 E, 86.60 feet,
N,00' 34' 13' W, 58.52 feet,
N 86' 08' 38" E, 77.85 feet,
S 49' 57' 29' E, 53.53 feet,
S 85' 11' 560 E, 64.29 feet,
N 78. 55' 42' E, 54.13 feet.,
N 47' 49' 530 E, 81.31 feet,
S 71' 11' 380 E,•, 22.13 feet,
S 18' 06' 34' E, 68.60 feet,
S 29' 15' 290 W, 61.91 feet,
S 39' 33' 270 E, 67.14 feet,
S 57' 24' 26' E, 109.13 feet,
S 12' 25' 07" E, 50.35 feet, _
S 67' 29' 02" E, 46.20 feet,
N 87'
01'
13'
E, 39.91 feet.
N 60'
31'
14"
E,• 54.49 feet,
N 31'
21'
30'
E. 49.83 feet,
N 26'
08'
520
E, 37.88 feet,
N 66'
01'
220
E, 83.03 feet,
N 86'
41'
220
E, 58.38 feet,
N OS'
07'
57'
E, 57.32 feet, and
N.`35'
S5'
18"
E, 113.04 feet to the PLACE OF BEGINNING and containing
350.00 -acres
ofland more or less.
s
Vp I-PAGE..
I
i
a
f
t
L
t
.
AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT
WITH SANDERSON FARMS, INC. IN A REINVESTMENT ZONE,
BRAZOS COUNTY, TEXAS
This Agreement entered into by and between the Brazos County, Texas, acting herein
by and through its County Judge and Commissioners' Court, hereinafter referred to as
"County," and Sanderson Farms, Inc., a Mississippi Corporation, hereinafter referred to as
"Owner."
WTTNESSETH:
The County, by Resolution duly adopted on December 13, 1995, created by
Resolution, a Reinvestment Zone ("Zone"), for commercial industrial Tax Abatement, as
authorized by the Property Redevelopment and Tax Abatement Act, Vernon's Texas Civil
Statutes Annotated, Tax Code Chapter 312(1992).
In order to provide for the proper development of such property and to aid in the
conduct of the operation thereof to the best interest of the County, in accordance with the
above referenced ordinances and statutes, the Parties do mutually agree as follows:
1. The property that is subject to this Agreement is the real property specifically
described in the Exhibit A attached hereto and incorporated herein for all purposes,
together with all improvements, buildings, machinery, equipment, vehicles and other tangible
personal property located thereon, such real property, together with all improvements,
buildings, machinery, equipment, vehicles and other tangible personal property located
thereon, being hereinafter referred to as the "Property." The Property will be used by the
Company in a new enterprise for the manufacturing, processing and distribution of poultry
products and other permissible products. The number, kind and location of the
improvements, buildings and other tangible personal property located on the real property
described in Exhibit A hereto is listed and described in Exhibit B hereto.
2. In consideration of Owner's installation of and improvements to the Property,
which installation and improvements will be done in accordance with applicable building
permits, and the Site Development Plan on file with the County (and as amended) which
is incorporated herein by reference, the County agrees that, subject to the terms and
conditions contained herein, the above described Property shall be entitled to an exemption
from taxation as provided for in Section 11 of this Agreement for a period of ten (10) years,
and that upon the expiration of such time this Agreement shall terminate. Owner
acknowledges and agrees that the purpose of County entering into this Agreement is to
encourage development and redevelopment of the Property.
3. Owner agrees to build any and all improvements in accordance with all
applicable laws, statutes, codes, rules, requirements or regulations of the Brazos County,
1
VO PAQE.~,.._.
f,
i
~J
F
E
Texas, the State of Texas and the United States of America, and any subdivisions, agencies
and authority thereof.
4. During the period of time when Owner is constructing improvements on the
Property, and at all times thereafter during the term of this Agreement, Owner shall keep
or cause others to keep the Property insured against loss or damage by fire or any other
casualty. In the event all or a material portion of the Property is damaged by fire or any
other casualty, if Owner pursues diligent completion of such damages in order to repair,
remodel or renovate the Property in accordance with the Owner's purposes, then the
exemption from taxation as provided for in this Agreement shall continue. Should the
Owner decide not to repair, remodel or renovate the damaged Property, then the exemption
from taxation as provided for in this Agreement shall cease and the Property will be taxed
in accordance with applicable law and this Agreement. Within ninety (90) days of the date
such damage to the Property occurs, Owner shall submit written notice of intent to the
County setting forth the date Owner anticipates starting and completing the repair,
remodeling or renovation of the damaged Property.
5. To the best of Onwer's knowledge, no member of the County Commissioners
Court has an interest in the Property and such Property is not owned or leased by any
member of the County Commissioners Court.
r
6. The County assumes no liability or responsibility for any installation of or
improvements to the Property or for any defect to any structure constructed on the Property.
The relationship between the County and the Owner at all times shall not be deemed a
partnership or joint venture for the purposes of this Agreement or any other purpose.
7. At all reasonable times during the construction of and improvements to the
Property, and following its completion, the County through its designees may inspect the
Property in order to assure that all construction, workmanship, material and installations
involved in or incident to the Property are performed in accordance with all applicable
building permits, governmental regulations, laws and ordinances applicable thereto, and to
assure that the Property is being used by the Company in accordance with its intended use
and as detailed in the site development plans and permits referred to in paragraph 2 above.
At all times during this Agreement, upon 5 days written notice to the Owner, the Owner
shall produce those financial records reasonably necessary for the County to verify the
Owner's compliance with the terms of the Performance Agreement relative to salary base
and total investment. Such inspection of the records will be done during normal business
hours.
i 8. Owner agrees to pay all ad valorem taxes and assessments (except those
exempted pursuant to this Agreement or otherwise) owed to the County prior to such taxes
and/or assessments becoming delinquent; provided the Owner shall have the right to contest
in good faith the validity or application of any such tax or assessment and shall not be
considered in default hereunder so long as such contest is diligently pursued to completion.
2
VO PAGE.,._
r J
v y
• 1
F
i '
n'
I
I~
i•
In the event that the Owner does contest such tax or assessment, it shall nevertheless
promptly pay to the County prior to its becoming delinquent, all taxes and assessments
which it is not so contesting. If Owner undertakes any such contest, it shall notify County
and keep County apprised of the status of such contest. Should Owner be unsuccessful in
any such contest, Owner shall pay promptly the taxes, penalties and/or interest resulting
therefrom.
9. In the event the Owner does not maintain the Property in good condition,
reasonable wear and tear accepted, fails to use the Property for the purposes that are
contemplated by this Agreement, allows the Property to become vacant, fails to pay non
abated taxes in the manner required by law, fails to meet its obligations under the
Performance Agreement dated May 1, 1995 between the County and the Owner or fails to
repair, remodel or renovate any damage or destruction to the Property by any casualty, the
County shall give Owner written notice of such failures. If Owner has not complied with
or made satisfactory efforts to comply with these requirements within thirty (30) days of
said written notice, County shall and does reserve the right to declare this Agreement void
and shall to have the right to terminate the abatement given to Owner pursuant to this
Agreement.
10. The County and the Owner agree that if the Owner does not diligently,
faithfully and conscientiously pursue the completion of the contemplated construction on the
Property, or in the event the Owner fails to comply with paragraph 9 hereof, the County
shall have the right to renegotiate or terminate this Agreement, and Owner shall pay to the
County the taxes that would have been paid to County had the taxes not been reduced
under the terms of this Agreement, plus interest at the rate provided for delinquent taxes
in accordance with Vernon's Texas Code Annotated, Tax Code, Section 33.01. Such
payment of taxes and interest shall be due within thirty (30) days of County's termination
of this Agreement and notification to Owner of the termination of this Agreement and of
the amount of taxes and interest due. The taxes and interest are due and become
delinquent and incur penalties and interests as provided by law for ad valorem taxes
imposed by County if not paid before February 1 of the year following the date on which
the termination of this Agreement occurs.
11. Owner will submit to the County the Certificate of Compliance attached
hereto as Exhibit "C" certifying that all construction on the Property has been completed in
accordance with the Owner's plan for construction. After receipt such evidence, the County
shall make a final inspection of the Property tb determine that the Property has been
installed, constructed or improved in compliance with this Agreement and upon such finding
the County shall authorize the exemption from taxation to commence on January 1, 1996
and terminating after the Property has received ten (10) full calendar years of exemption
as provided for in this Agreement. The exemption from taxation provided for by this
Agreement shall apply to the value of the Property over and above the value of the Property
in the applicable base year (determined in accordance with applicable law) in the following
amounts:
VOL 7--,-PAGEkt,..
{
h
Y
i
Value of Property
i Calendar Year
to be abated
1996
0%
1997
95%
` 1998
95%
1999
95%
2000
95%
2001
95%
2002 95%
2003 90%
2004 90%
The Chief Appraiser of the Brazos County Appraisal District shall annually
determine (i) the taxable value of the real and personal property comprising the Property
taking into consideration the Abatement provided by this Agreement, and (ii) the full
taxable value without Abatement of the real and personal property comprising the Property.
The Chief Appraiser shall record both the abated taxable value and the full taxable value
in the appraisal records. The full taxable value figure listed in the appraisal records shall
be used to compute the amount of abated taxes that are required to be recaptured and paid
in the event this Agreement is terminated in a manner that reslAs in recapture. Each year,
the Owner shall furnish the Chief Appraiser with such information outlined in Chapter 22,
Texas Tax Code, as amended, as may be necessary for the administration of the Agreement
specified herein. The taxable value of the Project Site within the geographical boundaries
of the County in 1995 is: $266,327.00.
12. Miscellaneous.
a. Severabilitv. If any provision of this Agreement is held to be illegal,
invalid or unenforceable under present or future laws effective while this Agreement is in
effect, such Agreement shall be automatically deleted from this Agreement and the legality,
validity and enforceability of the remaining provisions of this Agreement shall not be
affected thereby, and in lieu of such deleted provision, there should be added automatically
as part of this Agreement a provision that is similar in terms and substance to such deleted
provision as may be possible and yet be legal, valid and enforceable.
b. Texas law to apply. This Agreement shall be construed under and in
accordance with the laws of the State of Texas and the obligations of the parties created
hereunder are performable by the parties in Brazos County, Texas.
C. Sole Agreement. This Agreement constitutes the sole and only
Agreement of the parties hereto and supersedes any prior understandings or written or oral
agreements between the parties respecting the subject matter covered by this Agreement.
4
V0PAGE
r A
r '
t
{
f
d. Amendments . No amendment, modification or alteration of the terms
hereof shall be binding unless the same shall be in writing, dated subsequent to the date
hereof and duly executed by the parties hereto.
C. Rights and Remedies Cumulative. The rights and remedies provided
by this Agreement are cumulative and the use of any one right or remedy by either party
shall not preclude or waive its rights to use any and all other legal remedies. Said rights and
remedies are given to addition to any other rights the parties may have by law, statute,
ordinance or otherwise.
L No Waiver. No waiver by the Owner or the County of any event of
default, or breach of any covenant, condition or stipulation herein contained shall be treated
as a waiver of any other covenant, condition or stipulation hereof.
g. Assignment . This Agreement may not be assigned by Owner.
Additionally, a change in ownership, in a single transaction, of fifty plus one percent of the
stock of the Owner shall be considered an assignment for purposes of this paragraph. An
assignment as prohibited above shall cause this Agreement to terminate immediately and
the exemption from taxation as provided for herein shall cease. Such assignment shall,
however, not be considered a violation of the Agreement so as to require the recapture of
any taxes herein abated.
h. Notices. Parties hereby designate the following individuals to receive
any notices required to be submitted pursuant to the terms of this Agreement:
To the County: Brazos County, County Judge, 300 E. 26th Street, Bryan, Texas 77803
To the Owner: Sanderson Farms; Inc., Mike Cockrell, Post Office Box 988, Laurel, MS
39441
The parties hereto have executed this Agreement, or caused it to be executed by its
duly authorized officials, in multiple counterparts, each of equal dignity, as of the dates
contained after the signatures of each party's representatives, said Agreement to become
effective as of the later of the two dates that this Agreement is executed by the respective
parties.
BRAZOS COUNTY, TEXAS
By. - -1
Alvin . Jones, County Judge
Executed on: /2 J /3 /4r
I
ATTEST:
S
Mary nn War , County C er
voL. 7- PAGE 6 e
Y j
1 .
i
By:
Joe anderson, Jr.
Chief Executive Officer and President
Executed on•! a'Z2A5
(Attest)
D: Michael Cockrell
Chief Financial Officer and Treasurer
Executed on:z~b
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this the ~ day of December,
1995, by Alvin W. Jones, County Judge of Brazos County on behalf of said County
Commissioners Court.
BEATRIZ D. GREEN
NOTARY PUBLIC /0
State of Texas
Comm Exp 06.11.98 o Publi tate of Te6As
THE STATE OF MISSISSIPPI
COUNTY OF
This ins meat was acknowledged before me on this the day of December,
1995, by Joe. F. Sanderson, Jr., Chief Executive Officer and President of Sanderson Farms,
Inc., a Mississippi Corporation, on behalf of said corporation.
Notary PA8Z State f Mississippi
gt INK111126W Mires Awl! 22.1991
VOL L---PAGE
i
t
i
t
i
i
s'
..L ..-ate r.. -
I ,
i
i
r
f
i
EXHIBIT "A"
f
k
p~
t
r.
i
i
I
i
t„ !
>i
k• ~
Being all that ceztain'lot,.txact, or parcel of land lying and being situated in the S.F.
Austin League go. 9, A-62, and the Thomas F. HcKinney League, A-33, in Brazos County, Texas,
being part of the land in said Leagues called 1,203.72 acres and particularly described in
that one certain Deed of Trust from Jess Coulee and wife Florence Coulee to Henry B. Clay,
Trustee, dated July 14, 1965, and recorded in Volume ile, Page 177 of the Deed of Trust
Records of said county, and conveyed by Jess Coulee and wife Florence Coulee to their sons
Donald M. Conlee, Douglas M. Coulee, and J.D. Conlee by Deeds dated December 16, 1965, 1966,
and February 4, 1967 and recorded in Volume 252, Page 1, Volume 252, Page 369, and volume
260, Page 173, respectively, of the Deed Records of Brazos County, and being more particulary
described as follows:
COMMENCING at the east corner of said 1,283.72 acre tract, in said
Austin League;
THENCE along the northeast line of said 1,283.72 acre tract, N 45' 41'
24" W. 2,470.98 feet to corner in Cottonwood Branch in said Austin League, and
the PLACE OF BEGINNING;
THENCE retracing said northeast line, which is also the southwest line
of the Brazos County Industrial Park Phase Y (BCIP V), according to the plat
recorded in Volume 718, Page 405 of the Official Records of said County, S 45'
41' 24" E, at 30.00 feet set a concrete monument for witness on the bank of
said Cottonwood Branch, at 874.14 feet intersect the centerline of Shiloh
Avenue in said BCIP Y, at 1,453.77 feet pass an iron rod at the common corner
of Lot 8 of Block 5 of said BCIP Y and the tract called fifteen acres described
in the Deed from John Cunningham gt al to W.A. Stasney dated March 18, 1936 and
recorded in Volume 91, Page 417 of said Deed Records, continue, now on
Stasney's line, 2,470.98 feet in all to a concrete monument set at the east
corner of said 1,283.72 acre tract, which is also the east corner of this
350.00 acre tract, at the north corner of the tract called 25 acres described
in the Deed from H. Mitchell to.Thomas Jones (written Tom Jones or Tony Jones
in some later Deeds) dated September 16, 1881, and recorded in Volume V, Page
391 of said Deed Records, on the southwest line of the Second Tract called 25
acres described in the Deed from Rowena R. Bible and husband D.X. Bible to W.A.
Stasney dated March 3, 1936 and recorded in Volume 90, Page 617 of said Deed
Records;
THENCE along the northwest line of said tract described in Volume V,
Page 391 of sa'i Deed Records, S 44' 18' 36' ii, 1,000:00 feet to a concrete
monument set a, the west corner of said tract, which is also the north corner
of the tract called 101.3 acres described in the Deed from Jess E. Conlee to
W.A. Stasney dated March 18, 1937 and recorded in Volume 93. Page 251 of said
Deed Records;
VOL 7 .PaoE u
.ar -.1. 1-d' 4._ ~._~L~:..1~.~C .+~•-lay...,-L....... .~__..v~ ..,._:Li• .:,ETC.' :J~ 1 ,
A
i
a
f
i
i
4
EXHIBIT "A"
THENCE along the northwest line of said tract described in Volume 93,
Page 251 of said Deed Records, as follows;
S 44' 36' 410 W, 987.71 feet to a concrete monument set at a jog corner
on said line,
S 27' 38' 09" E, 100.00 feet to a concrete monument set at another jog
corner on said line,
S,33' 06' S1" W. 150.00 feet to a concrete monument set on said line,
S 38' 21' 51" W, 363.89 feet to a concrete monument set on said line,
and
S 3Z' 51' S1" W, at 1,178.89 feet set a concrete monument on said line
for witness, continue 1,188.89 feet in all to a cedar post for corner at a
southern corner of said 1,283.72 acre tract, which is also the south corner of
this 350.00 acre tract, on or near the common line of said Austin League and
the Isaac L. Jaques Survey, A-143 in said County, which is also the northeast
line of the tract called 304.3 acres described in the Deed from Mortgage Land
& Investment Company to W.A. Stasny dated August 26, 1938 and recorded in
Volume 97, Page 15 of said Deed Records;
THENCE along or near said common line of said Austin League and Jaques
Survey, on the northeast line of said 304.3 acre tract and a southwest line of
said 1,283.72 acre tract, N 45' 58' 50" W, at 10.00 feet set a concrete
monument for witness, at 3,028.17 feet set a concrete monument for witness,
continue 3,038.17 feet in all to a post for corner at the north corner of said
304.3 acre tract, which is also a re-entrant corner of said 1,283.72 acre
tract, at or near the common corner of said Austin League and said Jaques
Survey on the southeast line of said McKinney League;
THENCE within said McKinney League and said 1,283.72 acre tract, N 48'
58' 28' W, at 10.00 feet set a concrete monument for witness, at 2,893.42 feet
set a concrete monument for witness on the bank of said Cottonwood Branch,
continue 2,913.42 feet in all to corner in said Cottonwood Branch;
Vo PAGE
,P
rj
• s
EXHIBIT "A"
THENCE up said Cottonwood Branch with Its meanders as follows:
N 42' 47' 43' E,
N 69' 57' 25" E,
N 20. 14' 21" W,
N 27' 09' 37' W,
N 82' 01' 13" W,
N 02' 06' 350 W,
N 27' 31' 49' W,
N 590 05' 12' W,
N 45' 04' 28" E,
S 79' S9' ON E,
S 32' 24' 25" E,
S 88' 08' 19' E.
N 81' 05' 24" E,
S 47' 18' 01' E,
S 33' 40' 110 W,
S 08' 16' 51' E,
S 87' 04' 04' E,
N.40' 19' 59' E,
N 01' 05' 36" W,
N 39' 03' 51'•E,
S 57' 23' 41' E,
N 494 54' 11" E,
S 77. 01' 20' E,
S 18' 07' 05" W,
S 57' 30' 19" E,
S 020 51' 080 E,
N 81' 46' 50' E,
N 68' 49' 08' E,
S 43' 36' 55' E,
S 85' 52' 14" E,
S 11' 10' 55" E.
S 63' 56' 53" E,
S 04' 12' 10" E,
S 07' 57' 22" E,
S 724 19' 17' E,
S 61' 15' 44' E.
S 59' 06' 05" E,
S 53' 41' 23" E,
N 75' 40' 12" E,
S 80' 57' 02" E,
S 59' 34' 27" E,
S 26' 2b" 23" E.
N i4s ;71 16" L
18.15 feet,
57.90 feet,
57.09 feet,
57.71 feet,
80.34 feet,
45.88 feet,
24.98 feet,
63.08 feet,
33.38 feet,
191.69 feet,
38.17 feet,
37.90 feet,
34.40 feet,
30.42 feet,
40.02 feet,
30.80 feet,
84.37 feet,
30.89 feet,
76.73 feet,
61.00 feet,
43.83 feet,
25.07 feet,
38.83 feet,
51.45 feet,
30.09 feet,
27.71 feet,
49.17 feet,
20.56 feet,
28.6Z feet,
45.39 feet,
33.13 feet,
76.86 feet,
79.05 feet,
86.22 feet,
35.74 feet,
17.73 feet,
56.04 feet,
71.44 feet,
111.29 feet,
114.20 feet,
35.40 feet,
45.95 feet,
70.88 feet.
. •.t r . 11 ,
l ~
C ~
1
1
}
r
EXHIBIT "A"
N 59' 23' 24° E, 38.79 feet,
N 08' 19' 31' W, 42.81 feet,
S 79' 55' 00' E, 130.80 feet,
S 69' 38' 39' E, 75.28 feet,
N 85' 51' 20' E, 103.95 feet,
N 06' 33' 184 E, 75.51 feet,
S 77' 37' 21' E. 35.57 feet,
S 65. 25' 55' E, 83.67 feet,
N 70' 53' 43' E, 83.06 feet,
N 10' 58' 25" W, 42.75 feet
N 11' 39' 36' E. 78.32 feet,
N 11' 35' 41' W, 86.36 feet,
N 58' 22' 20' W, 87.40 feet,
N 39' 08' 16' W. 37.01 feet,
S 56' 35' 49' W, 9.38 feet,
N 87' 52' 47' E, 36.71 feet,
S 58' 23' 15' E, 53.18 feet,
S 79' 30' 59' E, 39.57 feet,
N 38' 45' 25' E, 169.16 feet,
N 21' 34' 26' E, 162.37 feet,
N 39' 22' 49' W, 5.81 feet,
N 86' 10' 24' E, 39.74 feet,
S"74' 31' 31' E, 111.08 feet,
S 61' 52' 08' E, 14.22 feet,
S 04' 52' 50" E, 57.55 feet,
S 04' 03' 44' W, 41.81 feet,
S 12' 30' 41" E, 86.24 feet,
N 78' 5I' 354 E, 34.34 feet,
N 39' 04' 31' E, 95.50 feet,
S 69' 49' 03' E, 119.97 feet,
N 34' 15' 54' E, 157.63 feet,
S 86' 46' 53' E, 104.43 feet,
N 27' 31' 24' E, 34.47 feet,
N 49' 49' 46' E, 31.78 feet,
S 64' 23' 1S' E, 56.59 feet,
S 51' 40' 214 E, 41.43 feet,
N 85' 16' 15' E, 35.37 feet,
N 68' 07' 44' E, 17.16 feet,
N 27' 21' 28' E, 67.47 feet,
N 67' 35' 41" E, 44.25 feet,
S 75' 07' 30" E, 62.07 feet,
N 86. 11' 11- E, 178.12 feet,
N 20' 18' 494 E, 52.01 feet,
N 29' 19' 57' W. 78.34 feet,
N 08. 05' 13' E, -87.68 feet.
N 62' oo' 30' E, 62.00 feet.
V0 PAGE
Y
t 1, ~ 1
1
I
EXHIBIT "A"
S 74' 43' 30" E. 62.93 feet,
S 07' 47' 55" W, 113.09 feet,
S 44' 59' 22' E, 33.18 feet,
N 56' 41' 09" E, 56.61 feet,
N 89' 09' 540 E, 43.06 feet,
S 61' 32' 31' E, 174.99 feet,
N 21' 01' 16' E. 143.24 feet,
N 40' 19' 58" W, 40.06 feet,
N 20' 33' 52" E, 71.66 feet,
N 46' 37' 30' E, 137.82 feet,
S 50' 39' 21' E. 152.64 feet,
S 84' 23' 09" E, 114.02 feet,
S 02' 35' 34' E, 73.71 feet,
S 06' 17' 42" W, 72.67 feet,
S 28' 53' 21" W, 70.93 feet,
S 11' 53' 12" E, 41.52 feet,
S 43' 25' 27" E, 99.42 feet,
N 64' 51' 31' E, 53.36 feet,
N 63' 47' 49° E, 58.97 feet,
S 89' 49' 31° E, 51.29 feet,
S 33' 09' 24° E, 49.90 feet,
N 64' 37' 350 E, 108.03 feet,
N 25' 45' 10' E, 86.60 feet,
N 00' 34' 13' W, 58.52 feet,
N 86' 08' 38° E, 77.85 feet,
S 49' 57' 29' E, 53.53 feet,
S 85' 11' 56' E, 64.29 feet,
N 78' 55' 42" E, 54.13 feet,
N 47' 49' 53' E, 81.31 feet,
S 71' 11' 38" E, 22.13 feet,
S 18' 06' 34° E. 68.60 feet,
S 29' 15' 29" W, 61.91 feet,
S 39' 33' 27" E, 67.14 feet,
S 57' 24' 26' E, 109.13 feet,
S 12' 25' 07' E, 50.35 feet,
S 67' 29' 02" E, 46.20 feet,
N 87' 01' 13' E, 39.91 feet,
N 60' 31' 14' E. 54.49 feet,
N 31' 21' 30" E, 49.83 feet,
N 26' 08' 52" E, 37.88 feet,
N 66' 01' 22" E, 83.03 feet,
N 86' 41' 22' E, 58.38 feet,
N 05' 07' 57" E, 57.32 feet, and
N.35' 55' 18" E, 113.04 feet to the PLACE OF BEGINNING and containing
350.00 acres of' land more or less.
i
i
t;
~ I
r -
0 1
vA PAGE .ZA.r,
1
...i......rJ.l.,,..:. bi.~.:~ • ~w.w~.Y+:.+W(.4.d4►.Li.L' ~ - _ ~ 4 l ' ,
1
EXHIBIT "B"
SANDERSON FARMS, INC.
Kind Number and Location of Proposed Prorovements for Processing Plant
Processing Plant Building: 210,000 sq. ft., pre cast construction
Fencing and landscaping
Site improvements
Ventilation Equipment, including air conditioners, heaters, humidifiers, eta
Generator set and related equipment
Air Compressors
live haul shed and related equipment
Deboning equipment
Pickers, eviscerating equipment, vent machines, pumps and related processing equipment
Poultry cut-up machines and related equipment
Chiller and related pumps and equipment
High pressure washer system
Conveying system and related motors and equipment
Ovecwrap equipment
Deboning sizing equipment
Ice maker, Ice Auger and related equipment
Hot water system
Refrigeration compressors, motors, condensers and related equipment
Office furniture, fixtures, calculators, computer equipment and related equipment
8
VA 7 PAQE
s
h
~I
,rte,
61 t
i
i
r
EXHIBIT "C"
CERTIFICATE OF COMPLIANCE
AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT
WITH SANDERSON FARMS, INC. IN REINVESTMENT ZONE NUMBER THREE
CITY OF BRYAN, BRAZOS COUNTY, TEXAS TAX ABATEMENT,
BRAZOS COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF BRAZOS
Sanderson Farms, Inc., acting by and through its duly authorized representatives (the
"Owner"); hereby certifies that the installation of improvements on the Property, as called
for in the above referenced Agreement, has been completed and that all facilities and
improvements have been constructed pursuant to said Agreement.
Signed this _ day of , 1997.
SANDERSON FARMS, INC.
By:
Its:
The above described improvements have been accepted by the Brazos County, Texas
as having been constructed in compliance with the above referenced Agreement, and that
pursuant to said Agreement the exemption from taxation shall commence on January 1,
1996 continuing through the year 2004, which will be the last year that the property will be
entitled to exemption from taxation in accordance with this Agreement, and that the taxable
value of the Premises for such period of time shall be the most current taxable value as
10
VO PAQE,...7-J„_.._.
ry
rl ~ ,
i
a~
F
4
GA
r
i
appraised by the Brazos County Appraisal District for each year of the term of the
Agreement.
Signed this day of May, 1997.
5
BRAZOS COUNTY, TEXAS
By'
Judge Alvin W. Jones, Court Judge
:
r i
P
F t
4 I
i
I •
CiF1
I
t f
f
6•~ 11
' VOIL4
. i
_ `-=•~;s:., a i6~1. d.: e...ra.~