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2007-289s:Aour documents\ordinancesV04Vfastenal reinvestment ord.doc ORDINANCE NO. BOO / `y/ AN ORDINANCE AMENDING THE TAX ABATEMENT AGREEMENT WITH FASTENAL COMPANY TO EXTEND THE CONSTRUCTION DEADLINE; AND PROVIDING AN EF- ` FECTIVE DATE. WHEREAS, on March 2, 2004, the City Council approved a Tax Abatement Agreement with Fastenal Company; and WHEREAS, the Agreement required that Fastenal complete their facility by December 31, 2006; and WHEREAS, the Economic Development Partnership Board recommends extending the deadline to December 31, 2009; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby approves the Amendment to the Fastenal Compa- ny Agreement by extending the construction deadline to December 31, 2009. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 14day of 1 12007. 6"N' C 01fe PER . McNE L, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: \ A " Utu 4--.11 APPR ED AS k LEGAL FORM: EDWIN M.SSNNYDER, CITY ATTORNEY BY sAon docum ts\cmncm\07\fw=a1 a dmentd= AMENDMENT TO A TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FASTENAL COMPANY This Amendment to Tax Abatement Agreement (the "Amendment') is made and entered into as of the effective date provided for below, by and between Fastenal Company, a Minnesota Corporation ("Fastenal"), and the CITY OF DENTON, a Texas municipal corporation (the "City"), for the purposes and considerations stated below: WHEREAS, the City and Fastenal entered into that certain Tax Abatement Agreement (the "Existing Agreement') authorized by City Ordinance No. 2004066 and dated March 2, 2004 under Chapter 312 of the Tax Code to stimulate economic development in the City; and WHEREAS, under paragraph I.B of the Existing Agreement Fastenal is required to complete the construction of the contemplated improvements by December 31, 2006; and WHEREAS, Fastenal has requested that the required completion date be amended to December 31, 2009, due to unforeseen delays of the project; NOW, THEREFORE, the City and Fastenal covenant and agree as follows: Paragraph LB of the Existing Agreement is hereby amended to as follows: "A condition of the Abatement is that, by December 31, 2009, a capital investment which results in an increase in the assessed values contemplated by section I.A.1 be made to the premises." 2. All other terms and conditions of the Existing Agreement shall remain in full force and effect. This Amendment shall be effective as of the last date of signature of a party as indicated below (the "Effective Date"). CITY OF DENTON, TEXAS BY: P Y . cNEILL, MAYOR DATE: /X' //-d~ 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY W 4 2 Page 1 =i sAour documentecontmct07Uastenal amendment.dm APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY%: ~ f BY: FASTENAL COMPANY A MINNESOTA CORPORATION DANA JOHNSON DATE: /9-.3'-07 ATTF.CT- Page 2 LISA BROWN Notary Public State of Minnesota My Commission Expires January 31, 2010