2007-176FILE REFERENCE FORM 2007-176
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amendment to A reement -Ordinance No. 2008-006 01/08/08 J R
Second Amendment to A reement -Ordinance No. 2008-066 03/04/08 J R
s:\our docuntcnts\ordinances\07\aldi abatement ord.dnc
M
ORDINANCE NO. ~aO / - ~ 7(p
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT
AGREEMENT WITH ALDI (TEXAS) L.L.C.; SETTING FORTH ALL THE REQUIRED
TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE
TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE; SETTING FORTH THE VARI-
OUS CONDITIONS PRECEDENT TO ALDI (TEXAS) L.L.C., A TEXAS LIMITED LIABIL-
ITY COMPANY, RECEIVING THE TAX ABATEMENT; PROVIDING FORA SEVERABIL-
ITYCLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 21" day of August, 2007, after a public hearing duly held in accor-
dance with Tex. Tax Code §312.201 (the "Act"), the City Council passed Ordinance No. 2007-
_ (the "Ordinance") establishing Reinvestment Zone No. VIII, City of Denton, Texas as a
commercial/industrial reinvestment zone for tax abatement (the "Zone"), as authorized by Title
3, Chapter 372, Subchapter B of the Act; and
WHEREAS, on the 4°i day of June, 2007, Aldi (Texas) L.L.C., submitted an application
for tax abatement with various attachments to the City concerning the contemplated use of cer-
tain property located within the Zone; and
WHEREAS, the City Council finds that the contemplated use of the premises and the
contemplated improvements to the premises, as indicated by Aldi (Texas) L.L.C., are consistent
with encouraging the development of the Zone in accordance with the purposes for its creation
and are in compliance with the Denton Tax Abatement Policy; and
WHEREAS, the City Council deems it in the public interest to enter into a Tax Abate-
ment Agreement with Aldi (Texas) L.L.C.; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
c
SECTION 1. The findings contained in the preamble to this ordinance are true and cor-
rect and are adopted as a part of the whole ordinance.
SECTION 2. The City Council finds and determines the following:
A. That the contemplated use of the premises and the contemplated improvements of the
premises, as indicated by Aldi (Texas) L.L.C. are consistent with encouraging the de-
velopment of the Zone in accordance with the purposes of its creation and are in
compliance with the Denton Tax Abatement Policy.
B. That the City Council finds that the improvements sought by Aldi (Texas) L.L.C.
within the Zone are feasible and practical and would be a benefit to the land to be in-
cluded in the Zone and to the City after the expiration of the Tax Abatement Agree-
ment to be entered into with Aldi (Texas) L.L.C.
s:\our documents\ordinances\07\aldi abatement ord.doc
C. That the City Council finds that the Tax Abatement Agreement contains all the terms
which are mandatorily required to be included in any tax abatement agreement under
§312.205 of the Act.
D. That, in accordance with §312.2041 of the Act, the City Council finds that not later
than the date on which the City Council considered this ordinance, and not later than
the seventh day before the date the City enters into a Tax Abatement Agreement with
Aldi (Texas) L.L.C., that the City Manager, through the Director of Economic Devel-
opment, who are hereby designated and authorized by the City Council to give such
notice, delivered to the presiding officer of the Denton Independent School District
and Denton County a written notice that the City intends to enter into this Tax Ab-
atement Agreement with Aldi (Texas) L.L.C., and that this notice included a copy of
the proposed Tax Abatement Agreement in substantially the form of the Tax Abate-
ment Agreement attached to this ordinance.
E. That before the passage of this ordinance, the City Council held a public hearing in
accordance with §312.201 of the Act and created Reinvestment Zone No. VIII.
F. The City Council finds that the project within Reinvestment Zone No. VIII is a rede-
velopment of an existing business as defined in the Tax Abatement Policy and re-
quires additional incentives to promote economic development that generally satisfies
the requirements of the policy and the City Council hereby authorizes a tax abatement
of a maximum of 100°/n on the increased valuation of the Taxable Real Property im-
provements and tangible personal property as more particularly described in the Tax
Abatement Agreement attached hereto and made a part hereof by reference as Exhibit
"A" (the "Tax Abatement Agreement').
SECTION 3. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to
execute the Tax Abatement Agreement with Aldi (Texas) L.L.C. in substantially the same form
as the Tax Abatement Agreement attached as Exhibit "A".
SECTION 4. The City Council hereby instructs and authorizes the City Manager to in-
spect, audit, and evaluate the progress of Aldi (Texas) L.L.C. to determine if it has met all of the
conditions of the attached Tax Abatement Agreement prior to the tax abatement going into ef-
fect.
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstance is held invalid by any court
oP competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, the City Council of the City of Denton hereby declares that they would have
enacted such remaining portions despite any such validity.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
Page 2 of 3
s:\our documents\ardinances\07\aldi abatement ard.doc
PASSED AND APPROVED this the e~ ~ ~ day of , 2007.
C
PERR . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 3 of 3
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the "Agreement") is entered into by and between the
City of Denton, Texas (the "City"), duly acting herein by and through its Mayor, and Aldi
(Texas) L.L.C. a Texas limited liability company (the "Owner"), duly authorized to do business
and in good standing in the State of Texas, duly acting herein by and through its authorized offi-
cer.
WHEREAS, the City has adopted a resolution which provides that it elects to be eligible
to participate in tax abatement and has adopted guidelines and criteria governing tax abatement
agreements known as the Denton Tax Abatement Policy; and
WHEREAS, on the 6`h day of December, 2005, the City Council of Denton, Texas (the
"City Council") adopted the Denton Tax Abatement Policy (the "Policy"), a copy of which is on
file in the City of Denton Economic Development Office and which is incorporated herein by
reference; and
WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing tax
abatement agreements to be entered into by the City as contemplated by Section 312.002 of the
Texas Tax Code, as amended (the "Code"); and
WHEREAS, on the 21s` day of August 2007, the City Council passed Ordinance No.
~] 5 (the "Ordinance") establishing Reinvestment Zone No. VIII, City of Denton, Texas, as a
commercial/industrial reinvestment zone for tax abatement (the "Zone"), as authorized by Title
3, Chapter 312, Subchapter B of the Code (the "Act"); and
WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined),
which ownership is a condition precedent, of certain real property, more particulazly described in
Exhibit "A" attached hereto and incorporated herein by reference and made a part of this Agree-
ment for all purposes (the "Premises") located entirely within the Zone as of the Effective Date;
and
WHEREAS, on the 4th day of June 2007, Owner submitted an application for tax abate-
ment with various attachments to the City concerning the contemplated use of the Premises (the
"Application for Tax Abatement"), which is attached hereto and incorporated herein by reference
as Exhibit "B"; and
WHEREAS, the City Council finds that the contemplated use of the Premises, the Con-
templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement,
and the other terms hereof are consistent with encouraging development of the Zone in accor-
dance with the purposes for its creation and are in compliance with the Ordinance and Policy and
similar guidelines and criteria adopted by the City and all applicable law; and
WHEREAS, notice has been published in accordance with Chapter 312 of the Tax Code
and written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement, has been furnished by the City, in the manner and by the time prescribed by the
Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
NOW, THEREFORE, the City and Owner for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows:
I.
TERMS AND CONDITIONS OF ABATEMENT
A. In consideration of and subject to the Owner meeting all the terms and conditions
of abatement set forth herein, the City hereby grants the following tax abatement ("Abatement"):
1. An abatement equal to 100% of City ad valorem taxes attributable
to new capital investments resulting in an increase of assessed value of real property improve-
ments to and tangible personal property (including inventory and supplies) located on the Prem-
ises but only if such increase is at least $25,000,000 over the assessed value of the Premises and
tangible personal property (including inventory and supplies) located on the Premises as of Janu-
azy 1, 2007, for a period of five yeazs commencing on January 1 of the yeaz following the
Owner's receipt of a certificate of occupancy (the "CO") for the Premises. If such increase in
assessed value is less than $25,000,000 there will be no Abatement.
B. A condition of the Abatement is that, by December 31, 2009 (subject to force ma-
jeure delays not to exceed 180 days), a capital investment which results in an increase in the as-
sessed values contemplated by Section I.A.I be made to the Premises. For the purposes of this
pazagraph, the term "force majeure" shall mean any circumstance or any condition beyond the
control of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to
meet the above-mentioned thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of the Improvements on the Premises (the "Contemplated Improvements" or "Im-
provements") to include (1) costs related to the development and improvement of the real estate,
including, without limitation, construction costs and design and engineering costs; (2) tangible
personal property located on or at the Contemplated Improvements by Owner, including inven-
tory and supplies. The kind and location of the Contemplated Improvements is more particularly
described in the Application for Tax Abatement.
D. A condition of the Abatement is that the Contemplated Improvements be con-
structed and the Premises be used substantially in accordance with the description of the project
set forth in the Application for Tax Abatement.
E. A condition of the Abatement is that throughout the Term of the Abatement, the
Contemplated Improvements shall be operated and maintained for the purposes set forth herein
so that the uses of the Premises shall be consistent with the general purpose of encouraging de-
velopment or redevelopment of the Zone, except as otherwise authorized or modified by this
Agreement.
Page 2
F. A condition of the Abatement is that the Owner shall construct Wescourt Road,
from Airport Road south to Springside Road (a distance of approximately 4,200 linear feet) as a
two-lane, concrete road and to specifications acceptable by the City of Denton. Construction of
Westcourt Road must be completed and accepted prior to the issuance of a Certificate of Occu-
pancy by the City of Denton.
G. The City shall have the right to terminate the Abatement if the Owner does not
occupy the Contemplated Improvements continuously for the term of the Abatement for the pur-
poses set forth in the Tax Abatement Application. In the event of such termination the Owner
shall refund to the City all previous tax abatements and all tax abatements for future years shall
be terminated.
H. Owner agrees to comply with all the terms and conditions set forth in this Agree-
ment.
II.
FAILURE TO MEET CONDITIONS
A. In the event that (i) the conditions in paragraphs I(B) through [(H) aze not met; or
(ii) Owner allows its ad valorem real property taxes with respect to any properties owned within
the city limits of the City of Denton with respect to any real property and tangible personal prop-
erty, if any, owned by the Owner, owed the City to become delinquent and fails to timely and
properly follow the legal procedures for protest and/or contest of any such ad valorem real prop-
erty or tangible personal property taxes; or (iii) any other conditions of this Agreement are not
met, then a "Condition Failure" shall be deemed to have occurred (it being understood that a
Condition Failure relating to any condition set forth in paragraphs I(B) through I(H) shall not be
deemed to occur merely because at a particular time it cannot be determined whether such condi-
tion will be met, but shall occur only if at a particular time it can be definitively determined that
such condition will not be met). In the event that a Condition Failure occurs, the City shall give
Owner written notice of such Condition Failure and if the Condition Failure has not been cured
or satisfied within ninety (90) days of said written notice, the Abatement shall be terminated with
respect to the year in which notice of the Condition Failure is given and all future years; pro-
vided, however, that if such Condition Failure is not reasonably susceptible of cure or satisfac-
tion within such ninety (90) day period and Owner has commenced and is pursuing the cure or
satisfaction of same, then after first advising City Council of efforts to cure or satisfy same,
Owner may utilize an additional ninety (90) days. Time in addition to the foregoing 180 days
may be authorized by the City Council. It is understood that the Abatement with respect to any
year prior to the year in which notice of the Condition Failure is given shall not be forfeited or
recaptured except as indicated under Section II.B hereof. Notwithstanding any provision in this
Agreement to the contrary, Owner shall refund to the City all tax abatements previously received
with interest for the yeaz in which the notice of Condition Failure is given.
B. If, however, the Owner fails to construct any structures or other improvements, or
fails to install any equipment or other tangible personal property within the Premises by Decem-
ber 31, 2009 or if the Owner fails to construct Westcourt Road as described in I(F), or the value
Page 3
of the Improvements falls below the minimum $25,000,000 threshold during the term of the Ab-
atement, then this Agreement may be terminated by the City. In such event, Owner shall refund
to the City all tax abatements previously granted and received under this Agreement with interest
on the amount to be refunded at six percent (6%) per annum.
C. In the event of a Condition Failure by Owner which is not cured or satisfied as set
forth herein, in addition to a partial or total recapture of the tax abatement, the City may cancel
or modify this Agreement.
III.
RECORDS AND EVALUATION OF PROJECT
A. The Owner shall provide access and authorize inspection of the Premises by City
employees and allow sufficient inspection of financial information related to construction of
Westcourt Road to insure that the Improvements are made and the thresholds are met according
to the specifications and conditions of this Agreement. Such inspections shall be done in a way
that will not interfere with Owner's business operations. City shall annually (or such other times
deemed appropriate by the City) evaluate the Project to ensure compliance with this Agreement.
B. The City Manager shall make a decision and rule on the eligibility of the Project
for tax abatement based on the information furnished each year by the Owner on or before Au-
gust 1 of the taxable year and shall so notify Owner and the City Council.
C. During normal office hours throughout the Term of this Agreement, providing
reasonable notice is given to Owner, the City shall have access to the Premises by City employ-
ees for the purpose of inspecting the Premises and the Improvements to ensure that the Im-
provements are being made in accordance with the specifications and conditions of this Agree-
ment and to verify that the conditions of this Agreement are being complied with, provided that
such inspection shall not interfere with Owner's normal business operations.
D. The Owner shall annually make a certification in writing to the City Council, on
or before June 1 sc of each year this Agreement is in effect that certifies that the Owner is in com-
pliance with each applicable term of this Agreement.
IV.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria governing tax
abatement agreements For the City to allow it to enter into this Agreement containing the terms
set forth herein.
B. The City has determined that procedures followed by the City conform to the re-
quvements of the Code and the Policy, and have been and will be undertaken in coordination
with Owner's corporate, public employee, and business relations requirements.
C. The Premises are not in an improvement project financed by tax increment bonds.
Page 4
D. Neither the Premises nor any of the Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning and Zon-
ing Commission of the City, or any member of the governing body of any taxing units joining in
or adopting this Agreement.
E. In the event of any conflict between the City zoning ordinances, or other City or-
dinances or regulations, and this Agreement, such ordinances or regulations shall control.
V.
EFFECT OF SALE, ASSIGNMENT, OR LEASE OF PROPERTY
A. The Abatement with respect to the Premises, including any tangible personal
property located on the Premises owned by Owner, shall vest in Owner and shall be assignable,
with City approval, which shall not be unreasonably withheld, to any individual, partnership,
joint venture, corporation, trust or other entity (irrespective of whether or not such assignee is
related to or affiliated with Owner) which acquires title to the Premises. Any assignee of Owner
or any assignee of a direct or indirect assignee of Owner shall be treated as "Owner" under this
Agreement. No assignment shall require the consent of City if the assignment is to a wholly-
owned subsidiary of the Owner or to a subsidiary of Aldi Inc., the Owner's pazent company, or
if, following such assignment, the Owner continues to occupy and operate the Contemplated Im-
provements for the full term of this Agreement. Nor shall the consent of the City be necessary if
the assignee agrees to fully comply with the terms and conditions of this Agreement.
VI.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other pazty or address as either party designated in writing, by certified mail postage pre-
pare, by hand delivery or via facsimile:
OWNER:
Scott W. Huska
Vice President
Aldi(Texas) L.L.C.
1517 Centre Place Drive
Suite 220
Fax No. (940) 442-6784
CITY:
George C. Campbell, City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Fax No. 940.349.8596
Page 5
VII.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 21st day of August, 2007, authorizing the Mayor to execute this Agreement
on behalf of the City, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "C".
VIII.
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by Owner, pursuant to authority granted by the Board
of Directors of its ultimate parent, Aldi, Inc., an Illinois corporation, as authorized by corporate
resolution to execute this Agreement on behalf of Owner, a certificate evidencing such resolution
and consent is attached hereto and incorporated herein as Exhibit "D" as if written word for word
herein.
IX.
SEVERABI[LTY
In the event any section, subsection, paragraph, sentence, phrase or word 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, para-
graph, sentence, phrase, or word. In the event that (i) the term of the Abatement with respect to
any property is longer than allowed by law, or (ii) the Abatement applies to a broader classifica-
tion of property than is allowed by law, then the Abatement shall be valid with respect to the
classification of property abated hereunder, and the portion of the term, that is allowed by law.
X.
ESTOPPEL CERTIFICATE
Any party hereto may request an estoppel certificate from the other party hereto so long
as the certificate is requested in connection with a bona fide business purpose. The certificate,
which if requested will be addressed to the Owner, shall include, but not necessarily be limited
to, statements that this Agreement is in full force and effect without default (or if default exists
the nature of default and curative action, which should be undertaken to cure same), the remain-
ing term of this Agreement, the levels and remaining term of the Abatement in effect, and such
other matters reasonably requested by the party(ies) to receive the certificates.
XI.
OWNER STANDING
Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any
litigation questioning or challenging the validity of this Agreement or any of the underlying or-
Page 6
dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to
intervene in said litigation.
XII.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas and is fully per-
formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den-
ton County, Texas.
XIII.
RECORDATION OF AGREEMENT
A certified copy of this Agreement in recordable form shall be recorded in the Deed Re-
cords of Denton County, Texas.
XIV.
MUTUAL ASSISTANCE
City and Owner agree to do all things reasonably necessary or appropriate to carry out the
terms and provisions of this Agreement and to aid and assist each other in carrying out such
terms and provisions. Owner and City agree at any time, and from time to time, to execute any
and all documents reasonably requested by the other party to carry out the intent of this Agree-
ment.
XV.
ENTIRE AGREEMENT
This instrument with the attached exhibits contains the entire agreement between the par-
tieswith respect to the transaction contemplated in this Agreement.
XVI.
BINDING
This Agreement shall be binding on the parties and the respective successors, assigns,
heirs, and legal representatives.
XVII.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an orig-
inal, but all of which together shall constitute one and the same instrument.
Page 7
XV[II.
SECTION AND OTHER HEADINGS
Section or other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
XIX.
NO JOINT VENTURE
Nothing contained in this Agreement is intended by the parties to create a partnership or
joint venture between the parties, and any implication to the contrary is hereby disavowed.
XX.
AMENDMENT
This Agreement may be modified by the parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not orig-
inally necessary to this Agreement pursuant to the procedures set forth in Title 3, Chapter 312 of
the Code.
XXI.
FORCE MAJEURE
If, because of flood, fue, explosions, civil disturbances, strikes, war, acts of God, or other
causes beyond the control of either Party, either Party is not able to perform any or all of its obli-
gations under this Agreement, then the respective Party's obligations hereunder shall be sus-
pended during such period but for no longer than such period of time when the party is unable to
perform.
This Agreement is executed to be effective 30 days after the executed date of the 2151 day
of August, 2007, (the "Effective Date") by duly authorized officials of the City and Owner.
PASSED AND APPROVED this the a~~ day of , 2007.
~ ~ ~
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 8
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: -
ATTEST:
By~ ~v(< ~~ ~~~
ALDI (TEXAS) L.L.C.,
A Texas limited liability company
By: ALDI INC. (DELAWARE),
A Delaware corporation,
Its Sole Member
Scott W. Huska
Vice President
Page 9
s:\our documents\contract5107\aldi [ax abatement agreementdoc
STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared Perry R. McNeill, Mayor for the City of Denton, known to me to be
the person who signed and executed the foregoing instrument, and acknowledged to me that this
instrument was executed for the purposes and consideration therein expressed.
Given under my hand and seal of office this the a1 ~ day of August 2007.
JENNIFER K. WALTERS
Notary Public, State of Texas
My Commuslon Expires
Decombor 19, 2010
N y Pu is in and for the
State of Texas
My Commission Expires: a ~ /O
Page 10
STATE OF TEXAS
COUNTY OF DENTON
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared Scott W. Huska, Vice President of Aldi Inc. (Delaware), a Delaware
corporation which is the sole member of Aldi (Texas) L.L.C., a Texas limited liability company,
known to me to be the person who signed and executed the foregoing instrument, and acknowl-
edged to me that this instrument was executed for the purposes and consideration therein ex-
pressed.
Given under my hand and seal of office this the ~ day of August, 2007.
'a~~wro~~~n KARLA STOVER SANDERS
: Notary Public, State of Texas Notary Public in and for the
~ti~~ My Commission Ezpiras State Of _~^~ p'~~ ~
•,',?L;,,o February @], 2011. Y P . c~~a oZ l? l
M COI111771SSlon Ex ires•
Page 11
EXHIBIT "A"
PROPERTY DESCRIPTION
RE-INVESTMENT ZONE NO. VIII
BEING A 120 ACRE TRACT OF LAND SITUATED IN THE WILLIAM NEILL SURVEY,
ABSTRACT NO. 970, THE JOHN BACON SURVEY, ABSTRACT NO. 1540, THE
ISAAC N. HAMBREE SURVEY, ABSTRACT NO. 594 AND THE JEREMIAH DALTON
SURVEY, ABSTRACT NO. 353, CITY OF DENTON, DENTON COUNTY, TEXAS AND
BEING A PORTION OF THAT CALLED 2049.00 ACRE TRACT OF LAND
DESIGNATED AS "TRACT 1: NORTH TRACT" IN THE DEEDS TO SLF II COLE
PROPERTY, L.P. RECORDED IN COUNTY CLERK'S FILE NUMBERS 2005-12276,
2005-12277 AND 2005-12278 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, (DRDCT), SAID 120 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF
THE SOUTHEAST AIRPORT ADDITION, AN ADDITION TO THE CITY OF DENTON
DESCRIBED BY PLAT RECORDED IN VOLUME G, PAGE 295, PLAT RECORDS OF
DENTON COUNTY, TEXAS SAME BEING A NORTHEAST CORNER OF SAID 2049.00
ACRE TRACT OF LAND AND BEING IN THE APPROXIMATE CENTERLINE OF
WESTCOURT ROAD;
THENCE SOUTH 00°03'56" EAST GENERALLY ALONG THE CENTERLINE OF SAID
WESTCOURT ROAD, A DISTANCE OF 1151.07 FEET TO A 5/8-INCH IRON ROD
FOUND CORNER IN THE APPROXIMATE CENTERLINE OF SPRING SIDE ROAD;
THENCE NORTH 89°05'32" EAST ALONG A LINE IN SAID SPRING SIDE ROAD, A
DISTANCE OF 870.18 FEET TO A 1/2-INCH IRON ROD WITH CAP STAMPED "RPLS
4562" FOUND FOR CORNER ON THE EAST SIDE OF UNDERWOOD ROAD;
THENCE ALONG THE EAST SIDE OF SAID UNDERWOOD' ROAD, THE
FOLLOWING:
SOUTH 00°51'18" EAST, A DISTANCE OF 646.53 FEET TO A 5-INCH STEEL
POST FOUND FOR CORNER;
SOUTH 01°32'26" EAST, A DISTANCE OF 644.99 FEET TO A 5-INCH STEEL
POST FOUND FOR CORNER;
SOUTH 01°23'09" EAST, A DISTANCE OF 547.58 FEET TO A 5/8-INCH IRON
ROD FOUND FOR CORNER;
SOUTH 00°42'07" EAST, A DISTANCE OF 344.00 FEET TO A 1/2-INCH IRON
ROD FOUND FOR CORNER;
THENCE SOUTH 89°15'29" WEST CROSSING SAID UNDERWOOD ROAD, A
DISTANCE OF 125.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 54°18'23" WEST, A DISTANCE OF 3017.83 FEET TO A POINT FOR
CORNER IN THE EAST LINE OF THAT CALLED 31.107 ACRE TRACT OF LAND
C:\DOCUME-1\TLREEDY\LOCALS-1\Temp\XPgrpwise\Exhibit AAIdi Property Description.docPage 1 of 3
DESCRIBED IN THE JUDGMENT DEED TO THE CITY OF DENTON, TEXAS
RECORDED IN COUNTY CLERK'S FILE NUMBER 94-71013, DRDCT;
THENCE NORTH 07°50'48" WEST ALONG SAID EAST LINE, A DISTANCE OF 200.00
FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID
31.107 ACRE TRACT OF LAND SAME BEING THE SOUTHEAST CORNER OF THAT
CALLED 13.89 ACRE TRACT OF LAND DESCRIBED IN THE JUDGMENT DEED TO
THE CITY OF DENTON, TEXAS RECORDED IN VOLUME 871, PAGE 137, DRDCT;
THENCE NORTH 00°24'11" EAST AT A CALLED DISTANCE OF 500 FEET PASSING
THE NORTHEAST CORNER OF SAID 13.89 ACRE TRACT OF LAND SAME BEING
THE SOUTHEAST CORNER OF THAT CALLED 24.73 ACRE TRACT OF LAND
DESCRIBED IN SAID JUDGMENT DEED TO THE CITY OF DENTON, TEXAS
RECORDED IN VOLUME 871, PAGE 137, DRDCT, CONTINUING ALONG EAST LINE
OF SAID 24.73 ACRE TRACT OF LAND IN ALL FOR A DISTANCE OF 700.05 FEET
TO A 1/2-INCH IRON ROD FOUND FOR CORNER;
THENCE SOUTH 89°34'22" EAST CONTINUING ALONG SAID EAST LINE, A
DISTANCE OF 144.64 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 00°23'42" EAST CONTINUING ALONG SAID EAST LINE, A
DISTANCE- OF 629.09 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE
NORTHEAST CORNER OF SAID 24.73 ACRE TRACT OF LAND AND BEING IN THE
SOUTH LINE OF THE AFOREMENTIONED SOUTHEAST AIRPORT ADDITION;
THENCE NORTH 88°42'27" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST
AIRPORT ADDITION, A DISTANCE OF 1533.88 FEET TO THE POINT OF
BEGINNING;
CONTAINING A COMPUTED AREA OF 120 ACRES, MORE OR LESS.
NOTES:
BEARINGS CALLED FOR HEREIN ARE BASED ON THE TEXAS
COORDINATE SYSTEM (NORTH CENTRAL ZONE), AND WERE DERIVED
FROM GPS OBSERVATIONS OF CITY OF DENTON MONUMENTS 2011,
2012, 2015 AND 2023.
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS
DESCRIPTION.
C:\DOCUME-1\TLREEDY\LOCALS~1\Temp\XPgrpwise\Exhibit A Aldi Property Description.docPage 2 of 3
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Exhibit B
APPLICATION FOR TAX ABATEMENT
CITY OF DI;NTON, TEXAS
1. Property Owner Aldi lnc.
Company or Project Name D®nton Distribution C®nter
Mailing Address 1517 Centre Place Drive, Suite 220
Denton TX 76205
Telephone (9401442-6761 Fax No._ (9401442-6784
Website www.aldi.com
Contact Name Scott W. Huska
Title Vic® President
Mailing Address 1517 Centre Place Drive Suite 220
Denton TX 76205
Telephone 19401442-6761 ext 125 Fax No. 19401442-6784
Email Address alditexasCa~sbcalobal net
2. Provide a chronology of plant openings, closing and relocations over the
past 15 years.
Se® Attachment 1.
3. Provide a record of mergers and financial restructuring during the past 15
years.
Not Aaalicable
4. Will the occupants of the .project be owner or lessee? If lessee, are
occupancy commitments already existing?
Owner
5. Is the project a relocation of existing facility or a new facility to expand
operations? If relocation, give current location.
It is a new facility to exnand operations This will serve as
ALDI's Headquarters for the State of Texas
6. If an existing Denton business, will project result in abandonment of
existing facility? If so, the value ofthe existing facility will be subtracted
from the value of the new facility to arrive at total, project value.
Not Applicable
7. Property Description.
-Attach a copy of tFie legal description detailing property's metes and
bounds.
-Attach a map of project including all roadways, land use and zoning
within 500 feet of site.
See Attachment 2 and 3 for the above. Linda Ratliff instructed ALDI
that these attachments would suffice.
8. Current Value. Attach a copy of Latest property tax statement from the
Denton County Central Appraisal District (include both real and personal
property).
See Attachment 4 and 5.
9. Increased Value/Estimated Total Cost of Project.
Structures- $38,000 000 Site Development. $4,000,000
Personal Property $2,0_ 00 pOp Other lmprovernents (See below 1
BLL Qualifications: These budget numbers are based on some
recent project Cost histories ALDI believes that the costs will be
within 10% t these estimates The outcome of anv chances to the
buildins~ and the final design will aff®ct the final costs
10. Indicate amount of tax abatement and number of years requested for each
taxing entity.
City of Denton 50%_ _ 10 vests
Denton County 50% 10 vear3
List any other ftnancial incentives this project will request/receive.
Estimated Freeport Exemption In 1989. the voters of Texas approved
a means by_which certain tangible nersonat nrnncrf5 +ransported out
of the State of Texas wlthin 175 davs could aualifv for an ad valorem
to exemption. In order to aualifV these personal mm~w •+ ,,s
must be detained in Texas for assembling storing manufacturing
fabrication or for processing oumoses Most importantly the items
must leave the State of Texas within 175 davs from the date thev
were acquired or brought into Texas The law provides that
counties cities towns school districts and 'union cone a districts
may oat to continue to tax these items Tr,o r•n s r,
,,.,,,, u~nton
Tho Freeport Amendment thus creating a "Triple Freeport" incentive
tool.
ALDf will distribute a roximatel 80% of t e invento within
the state of Texas resulting in property tax liability ALDI will
explore methods of offsetting this competitive cost
Est. Eleckric Utility Industrial Development Rider Qualified new and
existing industrial and commercial service customers may receive a
reduction in their demand billina The incentive is available to those
customers whose electric service represents demand not previously
served by the City at any location in the City's service area In the last
12 months and where such demand is in excess of 2251NA or
2001(W per month. To aualiW customers trust receive service from
Rate Schedulers GSL (General Service Larae) and TGS (timed use)
paV City of Denton ad valorem taxes• and receive no electric service
discounts other than those specifically defined in the GSL or TGS
rate schedules, The monthly demand billina will be adjusted in
accordance with the following table•
Reduction to Billing or System Demand
Time Period Reduction to pemand
Year1 50%
Year 2 ,400/,
Year 3 30%
Year a Y0%
Year 5 10%
ALDI estimated electric demand ualifies for this utili rider. ALDI
will request participation in this rider
Estimated WaterNVastewater Infrastructure Asst. 5250.000350.000
11. Give a brief description of the activities to be performed at this location,
including a description of products to be produced and/or services to be
provided.
The Denton Texas ALDI Division Distribution Center will be the
central location for receiving all products to be sh9nnad to ALDI
ston:s within a 250 mite radius ALDI has 95%of all oroducts
shipped to its distribution centAar and ~haM ~•e . .~ .
~ ~1~c~q m A7:3
stor®s. Th® ®xecutive mana ement tea and the d'visional office
staff including support staff accounts payable accounts rpraivahlo
aocountlna assistants and shipping and receiving clerks) would
be located at this facility. This facility would be the Headquarters
12. Project Construction Phase
A. Estimate percentage of project development and construction
dollars to be spent with Denton based contractors or sub-
contractors.
Construction Costs_ $42 000 000 See note on 9 Other
Percentage Local Contractors_ The proposed ALDI facility is a
500 000 SF DisWbution Center and Re Tonal Wead uarters. A
large building implies that most of the trades wit) have hioh
value contracts, Both ALDI and BLL refer to en a e local
trades but historical) a po'ect of this size and sco a ulls
need to staff insure bond rid finance contracts valued from
B. Construction Employment Estimates:
Start Date
Completion Date
No. of Construction
C.
Estimated Total Construction Payroll $ I $7.800_AOe rtie
waterline alon the east roe line at W®stcourt/Underwood
Roads.
"Wastewater Onsite lift station 1100 If of 3" force main and
1200 If of 8" gravity main along Westcourt Road
"Streets Westcourt Road will be im roved from Airport
Road to the oronosed ALDI nronerty and include road
im rovements alon the east ro line at
Westcourt/Undenniood Roads.
'"Drainage Drainage associated with Westcourt Road
improvements
*Other 300 If of 3" natural as alon Wesficourt Road
NOTE: The.extent and scope of the road Improvements are
being discussed with ALDI.
13. Project Operation Phase. Provide employment information for the number
of years tax abatement is requested.
See Attachment 6 for A-E.
F. Types ofjobs created. List the job titles and number of positions in
each category that will be employed at the facility. Provide average
wage for each category.
1 -District Mana ers . 65 to 90 OOp annual)
60 . Warehouse Personnel - 15 to 16.00/hour to start u to 18
1 or 2 -Warehouse Mechanics , 50 000/annual)
1 Vice Presiderlt/8 Directors -Executive Wa a Level
The above are projected wanes for 2009 All ALDI personnel
receive full benefits includin med'cai dental vision disabili
and life insurance and all of these are at no cost to the
employee The present cost to add an entire family is $150 00
er month. The cotta an also contributes to an
em to ee retirement acka e.
G. Estimate annual utility usage for project; (Daren Sealover spoke to
Linda Ratliff-no need to fill this section out.)
Electric Water
14. Describe any other direct benefits to the City of Denton as a result
of this project (e.g., sates tax revenue or project elements identified
in Tax Abatement Policy, Section III).
source of revenue for the local educational s stem.
may realize sales tax collections based on these purchases
These new salaries will affect the local econom u on a II
dollars entering the businesses producing goods and services
in Denton Texas.
4 Invento Tax: ALDPs Distribution Centerwil distribute
goods throughout its Texas service territory Due to these
oods remaining in the state the inventory housed in the
Penton Distribution Center will be assessed for prone tax
including ciy county and school '
J Local Purchases: ALDI's Distribution Center will require
standard oods and services in order to o erate and aintain^
a lar a faclli a roximatel 500 000 s uare feet .
6 Electric Usa e: AL,DI's Distribution Center will consume
electricity from Denton Municipal Electric resulting in a
franchise p_aYment to the Citv's general fund
7 New Business Park Infrastructure: ALDI's new business
site will result in new infrastructure im rovements that will
benefit overall business develo ment for this re ion of the
ci
ro'ect is ALDI's first foot tint in the State of Toxas. As a
sul this ro'ect would serve as the lead location for ALpI's
Southwest
9) Community Inrvolvement: ALDI has an interest in
contributing to the local community and would explore areas
of interest in the City of Denton.
15. Is property zoned appropriately? Yes X No
Current zoning. RD-5
Zoning required for proposed project. ICG
Anticipated variances. Not Applicable
16. Is property platted? Yes No X
Will replatting be necessary? Yes X No
17. Discuss any environmental impacts created by this project.
ALDI's Distribution Center would represent a major employer
for the Citv of Denton which maintains an exemplary
environmental record. This project represents an industry and
employer considered environmentally conscience
A. List any permits for which applicant must apply, Applicant
will be required to provide City with copies of all applications
for environmental permits upon completion of application(s).
11 Site Plan;) Utility 31, Water/Waste Water• 4) Fire_
5 Electric• 6 Buildin Floor Plan• 7 Bld .Elevation
Plan: 8) Landscape• 91 Engineered Plan for Foundation
B. Provide record of compliance to all environmental
regulations for the past five years.
This is a hew location and therefore It is not applicable
18. Provide specific detail of any businesses/residents that will be
displaced and assistance that will be available from the requesting
company.
blot Aaalicable
19. Provide description of any historically significant area included
within the project's area as determined by the Historic preservation
Officer. If any, give detail of how the historically significant area will
be preserved.
__ Not Applicable
20. Justification for Tax Abatement Request: Substantiate and more
fully describe the justification for this request. Include the amount
of the abatement reques#ed and show how it will contribute to the
financial viability of the project. Submit attachments if necessary.
1 The North Texas site includes hi her costs than
comoetitive_sites the comnanv is performing du® diligence on
The most onerous_expense Includes the high property tax
levied against real. and ne-sonal property ALDI plains to invest
to $50 million in astate-of--the art Distribution Center with
Texas bound invento The roe tax ex apse in Texas
adds an anti-com etitive com onent to the rroect.
2 The site is mostly undeveloped and will require extensive
infrastructure u rades and movements. This circumstance
requires ALDI to make unique Investments outside of the
financial model for a new Distribution Center. A ublic/ rivate
artnersho will aid in infrastructure upgrades thus allowino
ALDI to focus its rima Investment into cons#ructin a
quality and competitive structure
3) Through the oubliciorivate uartnership ALDI will also
follow the company's financial model of investing in hiring
quality employees and setting competitive wages for this pe
industry. Lower start-up costs translates into community
investment for the Iona-teen
41 This oroiect is new terrltorv for ALDI and the Distribution
Center site will be the stage for launching ALDI's Texas
strategy. ALDI feels Texas will be a strong market for
its retail centers_ and this investment will prove to be critical to
such a new endeavor.
5) ALDI will require each new employee underoo company
training. This training will improve each employee's skills and
%mprove ALDPs chances for success in this new market lace
21. List additional abatement factors to be considered for this project as
outlined on pages 3 and 4 of the Tax Abatement Policy.
The ro'ectwill involve a si nificant relationshi wit one of
the two unhrersltles in Denton• At least 25°~ of the new iobs
created b the ro'ect will be filled b Penton residents• The
ro'ect will rovide knowled a-based 'obs at I®ast 25 ereent
of 'obs re uire colle a bachelor's de ree at eat level.
22. Financial Information: Attach a copy of the latest audited financial
statement or, in the case of a new project, a business plan.
We will discuss our extensive financlal data verbal) with
consultants as directed by the Citv of Dento ~conomlc
Development ALDI is a private comoanv and does not release
its financial statements to the public
This tax abatement application is submitted with the acknowledgement
that additional ce/rtified financial information may be required.
Authonzed Signature
~ne y, O07
Date "
ATTACHMENT ~
CHRONOLOGY OF PLANT OPENINGS FOR ALDI
DIVISION ADDRESS DATE OPENED ACRF~
Aldi -Batavia Division 1200 N. Kirk Road, Batavia, IL 60510.1477 6/20/1980 114
Aldi -Burlington Division 3400 Mt. Pleasant Street, Burlington, IA 52601 1/30/1984 12
Aldi -Greenwood Division
' 486 East Stop 18 Road, Greenwood, IN 46143 7/13/1987 78
9
Aldi -O
Fallon Division 475 Pearl Drive, O'Fallon, MO 63366 6/23/1990 ,
82
Aldi - Hinckl Division 1319 West 130th Street, Hinckley, OH 44233 7/14/199D 93
Aldi -Valparaiso Division 197 East Division Road, Valparaiso, IN 46383 6/8/1992 88
3
Aldi -Springfield Division 4400 South Charleston Pike, Sprin field, OH 45502 7/19/1993 ,
91
5
Aldi -Center Vaii Division 2700 Saucon Valle Road, Center Valley, PA 18034 9/12/1994 .
66
Aldi -Oak Creek Division 9342 South 13th Street, Oak Creek, WI 53154 Z/23/1998 106
5
Aldi -Tully Division 300 State Rt #281, Tull , NY 13159 10/5/1998 .
138
5
Aldi -Olathe Division 10505 S. K7 Highway, Olathe, KS 66061 10/14/1998 .
166
Aldi -Salisbury Division 1985 Oid union Church Road, Salisbury, NC 28148 3/26/2001 249
8
Aldi - Webberville Division 2825 North Stockbridge Road, Webberville, MI ,48892 8/11/2003 ,
76
08
Aldi -Dwight Division 1 Aldi Drive, Dwight, IL 60420 10/6/2003 ,
124
95
Aldi -Saxonburg Division 6000 North Noah Drive, Saxonburg, PA 16056 10/1/2004 .
107
87
Aldi - Mt. Juliet Division 2080 Aldi Boulevard, Mt. Juliet, TN 37122 10/3/2005 .
98
31
Aldi - Faribault Division 4201 Bagley Avenue North, Falrbault, MN 55021 TENT 10/1/2007 .
132
Aldi -Frederick Division 8751 Gas House Pike, Frederick, MD 21701 TENT 10/1/2007 100
67
Aldi -Orlando Division 4502 35th Street SW, Suite 600, Orlando, FL 32811 TENT 2008 .
N/A
Aldi -South Windsor Division 828 Sullivan Avenue, South Windsor, CT 06074 TENT 20D8 N/A
DEN, KSanders, per:5,30.07
c:wTyD000ments\Chrondogy,doc
~ 0
_M,naOA~ - - \
T
ATTACHMENT 2
_ ~EOG,9g'
5;~
ATTACHMENT' 3
VINCITY MAP
N TS
ATTA~FIMENT 4
$143,35
PAGE 7 OF 15
TAX CERTIFICATE
DATA TRACE R~rn.cERr1=Ee ~:
DATA TRACE
2229 AVE J, SUITE 101 P. 0.60X 848249
ARLINGTON, TX 76006
817-261-8190 FAX 817.89S4121 DALLAS, TX76ae4
COST: REPUBLIC TI"tLE OF TEXAS, INC BRANCH: CR7 PAULETTE HUBBARD
GF,rk. D7RA883D CLOSER: ORDER TYPE: T SUBTYPE: 1 DATE: 03/21/07
R~6655 R~8881
R36725 R-36730
R-37346
R-64448 cgDACCOUNTNUMBERSUMMARY
R•36689
R-~~
8.38734 R-37000
R~7475
R-36720
R-37038
SUMMARY OF ALL gCCOUNT(S)
SUMMARY OF CURRENT YEAR 8UMMARY OF qLL TAXES DUE
DENTON COUNTY TAX YEAR BASE TAX DUE 03107 DUE 04/D7
LSD - DENTON 2008 83238
0.00
O,DO
CITY OF DENTON 2008 5,739,45 O.OD 0.OD
LSD -PONDER
2008 386,02 0,00
0,00
NO CITY OR TOWN 2006 520.90
0,06
0.00
TOTAL TAX 20D6 0.00 0.00 0.00
71178,75 0,00 n nn
******°'"~"CpMMENTS****•***~Cq~plp.+~*+rt,READ BEFORE CLOSING**********
# R~6855 -ACCOUNT MqY BE SUBJECT TO AG ROLLBACK TAXES FOR
2006 AND PRIOR YF_gRS
~ R-36661 -ACCOUNT MAY BE SuBJEGT TO AG ROLLBACK TAXES FOR
2006 AND PRIOR YEARS
i! R~36689 • ACCOUNT MAYBE 8U6JECT TO AG ROLLBACK TAXES FOR
2006 ANb PRIOR YEARS
~ R3:+69,i • ACCOUNT MAY BE SUBJECT TO AG ROLLBACK TAnE$ FOR
2G06 AND Pr'tIOR YEARS
t R-3620
- ACCOUNT MAY BE SUBJECT TO qG ROLLBACK TAXES POR
2008 AND PRIOR YEARS
R-36725 - ACCOUNT MAY BE gUBJECT TO AO ROLLBACK TAXES FOR
2006 AND PRIOR YEARS
R-36730 -ACCOUNT MAY BE SUBJECT TO AG ROLLBACK TAXES F
OR
2006 AND PRIOR YEARS
R-36734 -ACCOUNT MAY BE SUBJECT TO AG ROLLBACK TAXES F
OR
2006 AND PR10R YEARS
12r370D9 -ACCOUNT MAY BE 3U&IECT TO AG ROLLBACK TAXES
FOR
2006 AND ARIOR YEARS
R37D36 - gCCOUNT MAY BE SUBJECT TO AG ROLLBgCK TAXES FOR
2006 AND PRIOR YEARS
CAD# R~37346 -ACCOUNT MAY BE SUBJECTTO AG ROLLBACK TAXES FOR
2006 AND PRIOR YEARS
CAD# R-64446 -ACCOUNT MAYBE SUBJECT TO AG ROLLBACK TAXES FOR
D6 AND PRIOR VEARS
purpnees anty and may Ee relfed upon onye b}r Republic
Title of Tams, Inc, for dK fssuanu of title irnutance and
not by any ether pargr for mry otlw purpose.
is
TAX CERTIFICATE
DATA TRACE
2229 AVE J, SUITE 101
ARLJNGTON, TX 76006
817-261-Bi90 FAX 617.695-4121
wsT•. REPUBLIC TITLE OF TEXAS, INC BRANCH: CR7 PAULETTE HUBBpRD
GF#: O7ROB830 CLOSER; ORDER TYPE• T SUBTYI'E:1 DATE; 03JRi lo?
CAD# R-67475
COMMENT 22
COMMENTI
DENTON COUNTY
-ACCOUNT MAYBE SUBJECT TO AG ROLLBACK tAXE3 FOR
2008 AND PRIOR YEARS
- REQUESTEp 2,049.000 _ REPORTED 2,373.5430
-MAP ATTACHED
• PROPl;RTY REQUESTED ASSESSED WITH OTHER PROPERTY
• THE COUNTY REQUESTS THAT YOU ONLY SEND ONE (1y
PAYMENT CWECK FOR AU ENTITIES THEY COLLECT
CADIZ R.3gg~ G01 S05
DESC A0873A J. MCpONALD, TRACT 3, ACRES 620
3013
OLp OCAO T TR2ISGK
,
,
R 1 A
A0873A 63T/SUB ID
ACREAGE 620,301
SITUS
8410
MAIL C/O THE STRATFORD COMPANY L 5949 SHERRY LN STE 1750 DAL
D
LAS
ASSESSED OWNER(S) TX 75
225-80
SI.FII COLEPROPER7'yLP 2006 ASSESSED VALUES
LAND 4,652,280
IMPROVEMENT 43,644
MARKET VALUE A,89S,804
iUBJECT TO ROLLBACK TgXF_S DEFERRED VALUE 4,576,837
SPECIAL VALUE, 119,267
TAX ENTITY INFORMATION
P O BOX 90223 DENTON TX 76202 rH T tv~ery ~~ I~ OF 03112107
PHONE:972-434$635 D6 TAX RATE 0.2319200
EXEMPTIONS NONE W!O EXEMPT 10,890.74
YR BASE TAX
BASE pUE DUE 03/07 DUE Od107
~ 276,80 0.00 "" PAID 11106!06 *"
SUBTOTAL 276.60 0.00
0.00 0
00
ISD - DENTON .
COLLECTED BY DENTON CO PAYMENTS AS OF 03Po2107
PHONE 9721134-8835 06 TAX RATE 1.784D000
EXEMPTIONS NONE WIO EXEMPT 82835.75
YR eASE 7AX BASE pUE pUE 03107 DUE 04!07
06
SUBTOTAL 2,103.87 0.00 '"'PAID 11/06105 """
2,103.87 O.OD ~ ~,. _ __
PAGE 3 OF 15
TAX CERTIFICATE
DATA TRACE
2229 AVE J, SUITE 101
ARUNC,TON, TX 78p06
817-261.8190 FAX 817-895-4121
REPUBLIC TITLE OF TEXAS, INC BRANCH: CR7 PAULE77
~•••~~~ ~wsttc: ORDERTYPE:T SUBTYPE:1 DATE: 03121!07
SUMMARY OF ACCOUNT R-36655
DENTON COUNTY TAX YEAR 8ASE TAX DUE 03!07 DUE04/07
ISD - DENTON 2008 276.60 0.00 0.00
TOTAL TAX 2008 2,103.87
0-~
0.00
_ 2,380.47 D.00 n nn
R-38881 G01 S05
A0970A WM. NEB,L, TRACT 5, ACRES 55.031
OLD DCAD TR 4A
5 ABST
S TR2lSGK
,
,
l
AD970A U81D
55.031
0512274
C/O THE STRATFORD COMPANY L 59as SHERRY LN STE 1750 DALLAS TX 75225
OWNER(S) .80
SLF/! COLE PROPER7YLP ?A06 ASSESSED VALUES
LAND 412,733
IMPROVEMENT 3,881
MARKET VALUE 418,614
7 ROLLDACK TAXES DEFERRED VALUE 408,681
SPECIAL YALUE 7,733
rAX ENTffY INFORMATION
IDENTON COUNTY
P O BOX 90223 DENTON TX 76202 PAYMENTS AS OF 03H2/07
.
PHONE 972++434.8835... .• OB TAX RATE 0.23192D0
W/O EXEMPT 986.x1
EXEMPTIONS NONE YR BASQ TAX BASE DUE DUE 03/07 DUE04/07
06 17.83 ~ 0.00 "'* PAID 11N6/06 *"'
SUBTOTAL 17.83 0.00 0.00 0.00
ISD-DENTON
COLLECTED BY bENTON CO PAYMENTS AS OF 03/12/07
PHONE 972-434-8635 ~ T'~ ATE 1.7640000
wio EXEMPT 7,3a9.m
EXEMPTIONS NONE
YR BASE' TAX BASE DUE DUE 03/07 DUE 04!07
08 136.41 O.DO *"" PAID 11!08!06'"'
SUBTOTAL 136,41 0.00 0.OR 0,00
SUMMARY OF gCCOUNT R-36661
DENTON COUNTY TAX YEAR BASE TAX DUE 03!07 DUE 04107
15D - DENTON 2D06 ~ 17.93 0,00 O,pp
TOTAL TAX 2008 138.41 0.00 0.00
PAG2aOF15
REPUBLIC T111E OF TEXAS, )NC
TAX CERTIFICATE
DATA TRACE
2229 AVE J, SUITE 101
ARLINGTON, TX 76006
817-2818190 FAX 817-895-0121
BRANCH: CR7 PAULETTE
ORDER TYPE T SUBTYPE: i
R36689 G01 SOS
A1610A J. W. KJELBERG, TRACT 1 8 2, gCRES 1'
9417
OLD DCAD
'9 TR2ISGK
.
,
T
'
ABSTI3UB ID A1610A R ag'1 & 2
159.941
GO THE STRATFORD COMPANY L 5949 SHERRY LN STE 1750 DALLAS TX 75225-80
D OWNER(S)
SL.F ACOLE PROPERTY LP 2008 ASSE33ED VALUES
LAND
1,199,583
IMPROVEMENT p
MARKET VALUE 1,199,503
TO ROLLBACK TAXES DEFERRED VALUE 1,181,969
SPECIAIVAWE 17,594
TAX ENTITY INFORMATION
P O BOX 90223 DENTON TX 76202
PHONE 972.434-8835
EXEMPTIONS NONE
PHONE 972.g3q.8835
EXEMPTIONS NONE
JTON COUNTY
- DENTON
i1L TAX
CO
OB
TAX BASE
YR BASE TAX SA
OB 310.36
SUBTOTAL 310.36
SUMMARY OF ACCOUNT R36689
TAX YEAR BASE TAX
2006 40.80
2006 310.36
351.16
HUBBARD
06 TAX RATE 0.2319200
W10 EXEMPT' 2,78203
bUE 03/07 bUE 04/07
0.00 '"' PAID 11/OBlDB *"
0.00 0.00 p,p~
f5 AS OF 03)12107
08 TAX RATE 1.7640000
WIO>Ex£MPT 21,160,29
>UE DUE 03!07 DUE 04107
)•~ "'" PAID 1 ii08/08 "'
).DO O.DO 0.00
DUE O3/pT DUE
0.00
0.00
0.00
15
TITLE OF TEXAS, INC
~_ CLOSER:
TAX CERTIFICATE
DATgTRACE
2229 AVE J, SUITE 101
ARLINGTON, TX 78008
817-261$190 FAX 817.8954121
ORDERI'YPE: T
HU88ARD
1
~~ R~38693 G01 SD5
DESC A1292A T & P, TRACT 1, ACRES 335.510, OLp DCAD TR 7 ABET/SUB ID g1292A TR2/S0K
ACREAGE 335.510
SITUS
MAIL C10 THE STRATFORD COMPANY L 5949 SHERRY W STE 1750 DALLA
ASSESSED OWNER(S) S TX 75225.80
SLFJJ COLE PROPERTYLP 2008 gSSE3$ED VALUES
LAND 2,516,325
IMPROVEMENT D
MARKET VALUE 2,515,325 '
SUBJECT TO ROLLBACK TAXES DEFERRED VALUt; 2,479,419
SPECIAL VALUE 36,908
TAX ENTITY OdFORMATION
DENTON COUNTY
P O BOX 90223 DENTON TX 78202 PAYMENTS AS OF
03/12107
PHONE 972-034-8835 06 TAX RATE 0.2319200
WJO EXEMPT 5,835.88
EXEMPTIONS NONE YR BASE TAX BqS>; DUE DUE 03/07 DUE04/07
OB 85,59 0.00 *"" PAID 11/06!08 M.
SUBFOTAI 65.59 0.00 0.00 O.Op
19D - DENTON
COLLECTED B)' DENTON CO PAYMENTS AS OF
03M2/07
P110NE 97234-8835 06 TAk rZgTE 1.7640000
W/O EXEMPT 44~387J17
EXEMPTIONS NowE YR B
ASE TAX BASE DUE DUE 03!07 pUE Oalp7
O6 651.02 0.00 """ PAID t1l08/OB "'"'
SUBTOTAL 65t.02 D.00 0.00 0.00
SUMMARY OF gCCOUNT R~8893
DENTON COUNTY TJ~7C YEAR BASE TAX DUE 03/D7 DUE 04/07
LSD-OENTON 2006 85.59 0.00 p,DD
TOTAL TAX 2006 651,02 0.00 p,Dp
738.61 0.00 n nn
PARE 8 OF 15
TITLE OF TEXAS, WC
TAX CERTIFICATE
DATA TRACE
2228 AVE J, SUITE 107
ARLINGTON, TX 75006
817.261$190 FAX 817.8954121
BRANCH; CR7 PAULETTE HUBBARD
ORDERTYPE: T SuaTVc
1
DATE;
R$8720
A0851A A.C. MADDEN, TRACT 1, gCRES 153.500, OLD DCAD TR 1 ASST/SUB ID
A0851A
153,500
COLE RD
GO THE STRATFORD COMPANY L 5949 SHERRY LN STE 1750 DALLAS TX 75225-80
OWNER(S)
SLFI/ COLE PROPE'R7YLP
G01 Spy
TR2/SGK
DS 12274
2008 ASSESSEp VALUE:
BJECT TO ROLLBACK TAXES
LAND 1,151,250
IMPROVEMENT 0
MARKETYALUE 1,151,250
DEFERRED VALUE 1,134,388
SPECIAL VALUE 16,889
TAX ENTITY INFORMgTION
P O 80X 9D223 DENTON TX 76202 """°"'°'`O "~ 03/72107
PHONE 972.434.8835 06 TAX RRTfi 0.2319200
W/O EXEMPT 2,889.98
EXEMPTIONS NONE
YR BASE TAX BASE DUE ouE 03/07 DUE 04!07
06 39,16 D.00 *^• PAID 11106106 *'*
SUBTOTAL 3a.16 0.00 0.00 0.00
ISD-DENTON
COILeCT£D BY DENTON CO PAYMENTS AS OF 03112107
PHONE 972-434-g83S ~ 0 ~ ~'~ 1,7640000
WIO EXEMPT 20
208.05
EXEMPTIONS NONE ,
YR BASE TAX BASE DUE DUE 03/07 DUE 04!07
OB 297.85 0.00 "' PAID 11/06108 +'"
SUBTOTAL 297.85 0.00 0.00 0.00
5UMMARY OF ACCOUNT R•36720
DENTON COUNTY TAX YEAR BASE T~ DUE 03107 pUE 04/D7
ISD - DENTON 2008 39.1$ 0.00 0.00
TOTAL TAX 2006 297.95 0,00 0.00
337.01 D,00 n.nn
7 OF
TAX CERTIFICATE
DATA TRACE
2228 AVE J. SUITE 101
ARLINGTON, TX 76008
817.261-8190 FAX 817-695.4121
OF TEXgS, INC BRANCH; CR7 PAUIETTE HUBBARD
CLOSER: ORDERTYPE:T SUg-fYPE:1
R~36725
AOSfadq L N. HEMBRIE, TRACT 1, ACRES 153.559, OLD OCAD TR 1 ABST/SUB I
D A0594A
153.598
UNpERWOOD RD
CJO THE STRATFORD COMPANY L 5989 SHERRY LN DEED
OWNER{S) STE 1750 DAILAS'T')(75225-Sp
SLFI! COLE PROPERTY LP
DATE:
G01 505
TR2/5GK
051227d
2006 ASSESSED VALUEF
LAND 1,151.693
IMPROVEMENT p
MARKET VALUE 1,151,693
3UBJEOT TO ROLLBACK TAXES DEFERRED VALUE 1,134,802
SPECIAL VALUE 18,891
TAX ENTITY INFORMATION
DENTON COUNTY
P O Box 9D223 DENTON TX 76202 PAYMENTS AS OF 03n2/or
PHONe 972.-034.8835 OB TAX RATE 0.2319200
EXEMPTIONS NONE W/O EXEMPT 2,871.D1
YR BASE TAX BASE DUE DUE 03!07
pUE04J07
O6 39.17 OAO "" PAID 11!06108 ""*
SUBTOTAL 39.17 0.00 0.00 0
00
IsD.oeNroN .
COLLECTEd BYbENTON CO PAYMENTS AS OF 03M2J07
PHONE 972-434-gg35 06 TAX RATE 1.7640000
EXEMPTONS NONE W/0 EXEMPT 20,315.86
YR BASE TAX BASE DUE
DUE 03/01
DUE 04/01
08
SUBTOTAL 297.96 0.00 ^~ PAI D 17/06/08 "'
297.96 0.00 0,00 p,p0
SUMMARY OF gGCOUHT R-36728
DENTON COUNTY TAX YEAR BASE TAX DUE 03107 DUE ONa7
LSO - DENTON 2006 39.17 0.00 0
00
TOTAL TAX 2006 291.98 0.00 .
p,pp
337.13 0.00 n nn
-~- vwaE80F13
TAX CERTIFICATE
DATA TRACE
2228 AVE J, SUITE 101
ARLINGTON, TX 76008
817.281-8190 FAX 817~695d121
CUST: REPUBLIC TITE.E OF TEXAS,INC BRANCH; CR7 PAULETTl; HUBBARD
GFp: OTR08830 CLOSER: ORDER TYPE: T SUBTYPE;1 PATE: 03127/07
CApT/ R-36730 601505
DESC A14S8A C.W, BYERLY, TRACT 2, ACRES t t0
500
OLp DCAD TR2/5GK
A7458A .
,
TR P7 ABSTlSUB ID
ACREAGE 110.5D0
MAIL CIO THE STRATFORD COMPANY L 5948 SHERRY LN STE 1750 D DEED OS 12274
ASSESSED OWNER(S) ALLAS TX 75225.80
SLF Il COLE PROPERTY Lp 2006 ASSESSED VALUE:
LAND 828,750
IMPROVEMENT 0
MARKET VALUE 828,750
SUBJECT TO ROLLBACK TAXE3 DEFERRED VALUE 816,595
SPECIAL VALUE 12,155
TAX ENTITY INFORMATION
P O BOX 90223 DENT
PHONE 972-434-8835
EXEMPTIDNS NONE
ti~LCECTED BY DEN'
PHONE 972-434.8835
EXEMPTIONS NONE
YR
BASE TAX OB TAX RATE
W/o EXEMPT
BASE DUE DUE 03107 D.2318200
1,922.04
DUE 04/07
~ 28.19 0.00 "'"" PA ID 11/06/00 *""
SU67oTAL 28.18 O.Oo 0.00 0.00
PAYMENTS AS OF 03/12/07
06 TAX RATE 1:7640000 .
W/O EXEMPT 14,819.15
YR BASE TAX BASE OI IF nnv name .........
os
JTON COUNTY
•DENTON
%iL TAX
IF ACCOUNT R-36730
TAX YEAR BASE TAX
2006 28.19
2006 214.41
0.00 *~ pAID 11/06106 ""
0•~ 0,00 0.00
DUE 03107 pUE D4/07
0.00 0.00
0.00 0.00
TAX CERTIFICATE
DATA TRACE
2229 AVE J. SURE 101
ARLINGTON, TX 76008
817-281-8190 FAX 817.895.4121
TEXAS, !NC BRANCH, CR7 PAULETiE NUBBARp
CLOSER: ORDER TYPE: T SUBTYPE:1
Ras7aa
A1656A J. W. HARDIN, TRACT 1, ACRES 150.000, OLO DCAD TR 1 ABST/3U6 07
A7656A
150.000
C05
CIO R. SCOTT HUDSON 3113 LAKE HIGHLANDS DR HIGHLAND VILL TX 75077-D18&
OWNER(S)
HUnSDN FdMl/ Y f rri arc
TO ROLLBACK TAXES
FAX ENTITY INFORMATION
98 80499
2006 ASSESSED VALUES
"`~'u 2,574
960
IMPROVEMENT ,
23,057
MARKET VALUE 2,698,017
DEFERRED VALUE 2,536,404
SPECIAL VALUE 61, 113
C05 G01 305
TR2/SGK
DENTON COUNTY
P O HOX 80223 DENTON 7X 78202 PAYMENTS AS OF 03M2107
PHONE 972-434-8835 OB TAX RAPE 0.23'18200
W/O EXEMPT 6,025.32
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 03107 DUE 04107
08 142.89 0.00 `"" PAD) 01!29107 i"'
SUBTOTAL 142,88 0.00 0.00 0:00
CRY OF DENTON ~
601 E HI~~1• CORY SUFI E F DENTCN i X 78205 PAYMENTS qS OF 03/08/07
PHONE 990.3x8.5318 ~ OE TAX RAT1= 0,02657.00
W/O EXEMPT 18,777.101
EXEMPTIONS NONE YR BA3B TAX BASE DUE DUE 03!07 DUE OmO~
150 - DENTON
COLLECTED BY DENTON CO
PHONE 972-d34-8835
EXEMPTIONS NONE
388.02 0.00 0,00
PAYMENTS AS OF
OB TAX RATE
W!O EXEMPT
1SE TAX BA3E pUE DUE 03107
1,086.86 0.00 •» p~
1.088.85 0.00 0.00
0.00
03!12!07
1.>Bx0000
45,829.02
DUE 04/07
JD 01!,29!07 "'
0.00
PAGE to OF 15
. TAX CERTIFiCAtE
DATA TRACE
2229 AVE J, SUITE 101
ARLINGTON, TX 78006
817-281-8190 FAX 817-695.4121
CUST: REPUBLIC TITLE OF TEXAS, INC BRANCH: CR7 PAULETTE HUBBARD
GF~: 07ROB830 CLOSER: ORDER TYPE T SUBTYPE:1 BATE 03121107
SUMMARY OF ACCOUNT R-36734
DENTON COUNTY T~ YEAR BASE TAx DUE 03!07 DUE 09/07
CITY OF DENTON 2008 142.89 0.00 0,00
ISD - DENTON 2000 388.02 0.00 0.00
TOTAL TAX 2006 1,086.85 0.00 0.00
1,015.76 0.00
0.00
CAD# R~7008 G07 SOS
DESC A1540A J. BACON, TRACT 2, ACRES 7,400
OLD OCAD TR 2 ABSTI3UB TR2ISGK
, (D A1540
A
ACREAGE 7.4D0 .
SITUS
MAIL GO THE STRATFORD COMPANY L 5949 SHERRY W STE 7750 DALLAS PEED 0612274
TX 7
ASSESSED OWNER(S) 5225.80
SLP l7 COLE PROPERTY LP 2006 ASSESSED VALUES
LAND 55,500
• IMPROVEMENT p
MARKET VAIaIE 56,SOp
SUBJECT TO ROLLBACK TAXES DEFERRED VALUE $4,688
SPECIAL VALUE 814
TAX ENTITY INFORMATION
DEN70N COUNTY
PAYMENT8 AS OF
" P O t30X 90223 DCNTON TX 78202 - - 08/12107
PHONE 872-434-8835 OB i Ak RATE 0,2319200
W/0 EXEMPT 128,72
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 03!07 DUE 04107
06 1,89 0.00 "' PAID 11108106'"'
SUBTOTAL 1.89 0.00 0.00 0.00
COLLECTED BY DENTON
PHONE 972.434.8835
EXEMPTIONS NONE
YR BASE TAX BASE
06 TAX RATE
W/0 EXEMPT
1.7640000
979A2
DUE 00107
~ 11/06106 ""
0.00
08 14.36 0.00 "» P
SUBTOTAL 14.36 D.00 D.00
SUMMARY OF ACCOUNT R-37009
ITON COUNTY TAX ~~ BASE TAX DUE 03107
- DENTON zOOG x.89 O.oo
~~ 14.36 0.00
AL rAx
16,25 n nn
DUE
PAGE
CUST: REPUBLIC T(iLE OF TEXAS, INC
GFl1: 07ROB830 ro nec~
TAX CERTIFICATE
DATA TRACB
2229 AVE J, SUITE 101
ARLINGTON, TX 78006
817.261-8190 FAX 817695-4121
BRANCH: CR7 PAULETfE HUBBARD
ORDER TYPE• T SUBTYPE:1 DATE:
R-37038 G01 ~'
A0353A J. DALTON, TRACT 9, ACRES &000, OLD DCAD TR #1 ABSTISUB ID AD3
53/1 TR2lSGK
6.000
80 243 572
C/0 THE STRATFORD COMPANY L 5949 SHERRY LN STE 1750 DALLAS TX 75225
.
D OWNER(S)
2008 A33ESSED VALUES
SLF11 COLE PROPERTY LP
LAND 45,000 '
IMPROVEMENT p
MARKET VALVE 45,OD0
DEFERRED VALUE
TO ROLLBACK TAXES 44,3gp
SPECIAL VALUE 800
TAX HtA11'1'Y INFORMATION
-
P O BOX 90223 DENTON TX 79202 .......~..... .-.., v, VJ/l4Y/
PHONE 972.434..8835 OB TAX RATE 0.2319200
W!O FJCEMPT 104.38
F~(EMPTIONS NONE YR BASE TAX BASE DUE DUE 03107 DUE 04!07
OB 1.53 0.00 *~" pAID 11l06/OS "**
susrcrrAL 1.53 0.00 0.00 o.Do
ISD - DENTON
e.uLLEG7ED BY DENTON CO . PAYMENTS AS OF 03N2/07
PHONE 872-x34.8835 06.TAX RATE T.~dgg0pp
W10 EXEMPT 793.89
EXEMPTIONS NONE YR BASE TAX BASE DUE DUE 03107 DUE04/07
OB 11.84 0.00 '"~ pAlp 11!08!08 "'
SUBTOTAL 11.64 0.00 O.OD 0.00
SUMMARY OF ACCOUNT R~37038
DENTON COUNTY TAX YEAR BASE TAX DUE 03107 DUE 04(07
1SD - DENTON 2008 1.53 OAO 0.00
TOTAL TAX 2008 11.84 0.00 0,00
13.17 0.00 n nn
PAGE 12 OF 1 S
TAX CERTIFICATE
DATA TRACE
2229 AVE J, SUITE 101
ARLINGTON, TX 760D6
s17-261-8190 FAX 817.895.4121
COST; REPUBLIC TITLE OF TEXAS, INC BRANCH: GRT PAULETiE HUBBARD
GPq; a7R08830 CLOSER: ORDERTYPE: T SUBTYPE 1 DATE: 03/21/07
CA4rF R37348 G01 S05
DESC A1707A T.C, CARRUTH, TRACT i, ACR>;3 4.190, OLD pCAD TR 1 A83T1SU8 ID A TR2/SGK
170TH
ACREAGE 4.190
SRUS
MAIL GO THE STRATFORD COMpgNY L 5949 SHERRY LN STE 1750 DALLAS TX 75225-80 OS 12274
ASSESSED OWNER(S) 2Q06 ASSESSED VALUES
SLF11 COLE Pl20PERTYLP LAND
31,425
IMPROVEMENT Q
MARKET VALUE 31,4x5
SUBJECT TO ROLLBACK TAXES DEFERRED VALUE 30,884
SPECIAL VALUE 481
TAX ENTITY INFORMATION
DENTON COUNTY
P O 90X 90223 DENTON TX 76202 PAYMENTS AS OF 03M2707
PHONE 972-434.8835 OB TAX RATE 0.2319~Q
W10 EXEMPT 7288
EXEMPTIONS NONE
YR . BASE TAX BASE DUE DUE D3/D7 DUE 04lD7
OB 1.07 0.00 "" PAID 11106108'"'
SUBTOTAL 1.07 0.00 Q,DQ 0.00
fSD , DENTON
COLi.ECTED9Y pENTON CO ,PAYMENTS AS OF,,;, ._. 03M2fi7
PHONE972-434-6635 06 TAX RATE .
~1.7Ci4000C
WIO EXEMPT 554.3d '
EXEMPTIONS NONE
YR BASE TAX BASE DUE DUE 03!07 DUE Q4/07
O6 8.13 0.00 "" PAID 11/08/06 ""
SUBTOTAL 8.13 0.00 0.00 D.QO
SUMMARY OF ACCOUNT R•37348
DENTON COUNTY T'~ YpAR BASE TAX OUE 03107 DUE 04/07
LSD - DENTON 2006 1.07 D.oo O.OD
TOTAL TAX 2006 8.13 0.00 0.00
9.2D n ~„ „,,,,
TAX CE~tTfPICATE
DgTA TRACE
2228AVE J, SUITE 101
i4RL1NGTON; TX 76006
817=~61'-8180 FA7(817-685.8121
R-84448
A0132A J.A. BURN, TRACT 1, ACRES 305.000, OLO prpD TR ;~y ABST/SUB to A
0132A
3pS.00p
IRAOLFlr RD
C/0 THE STRATFORD COMPANY L 5948 SHERRY IN STE 1750 DAI-LqS -~ 7 D5225.60
OWNER(S)
S1,p //COLE PROPERTY LP
TD ROLLBACK TAXEg
TAX ENTITY INFORMATION
P O BOX 90223 DEMON lX 76202
PHONE 972-434.6635
EXE61PTiONS NONE
YR SASE TAb
0~8 77,81
0512274
PA`~ ~ l5
G01 Si3
TR213GK
2008 Ag$gggEp VA
LAND ~E`
IMPROVEMENT 2,287,500
MARKET VALUE O
DEFERRED VALUE 2.287.500
SPECIAi, VgLUE 2'253,950
33,650
05 TAX RgTE` y~
wio ~~ 5,aos.17
DUE DUE03/07 DUE Q,
0'~ "^ PAID 11/0610
!SD-PONDER . _ .. ., ~ x.01 0.00 0.01
COLLECTED 8Y DENTON CO ~^ -PAYMENTS AS OF.
PHONE 872.834.6635 a8 Tqx f'~,gTE
EXEMPTIONS NONE W10 EXEMPT
YR BASE TAX BASE DUE DUE 03/07
O6 SZ0.80 0.00 n«. P
SUBTOTAL 520.90 0.00 0.00
SUMMARY OF gCCOUNT R-64448
TAX YEAR BASE TAX DUE 03107
DENTON COUNTY 2006 77.81 0.00
LSD -PONDER 2006 520.90 0.00
TOTAL TAX 598.71 0.00
e^~
0.00
1.552610D
35,515.85
DU6 00!07
~ 11/08/00 ""
D.00
DUI: Od/07
0.00
0.00
0.00
PAGE is OP 15
TAX CERTIFICATE
DATA TRACE
2229 qVE J, SURE 101
ARLINGTON, TX 76006
877-261-8190 FAX 817-695-4121
OUST: REPUBLIC TITLE OF TEXAS, INC BRANCH: CR7 PAULE7TE HUBBARD
GF#: 07RDBB30 CLOSER: ORDER TYPE: T SUBTYPE; 1 DATE:
CAD# R-67473 G01 S05
DESC A0178A B.B.B. & C.RR, TRACT 1 & 2, ACRES 312810
OLD DCAD TR
' TR2/SGK
TISU6ID A0176A , #
1 A83
ACREAGE 312.810
SITUS
MAIL C/O7HE STRATFORD COMPANY L 5949 SHERRY LN STE 1750 DALL 0512270
AS TX 7522'"
ASSESSED OWNERS) x80
SLRp COLE PROPERTY LP 20D6 ASSESSED VALUES
lJ{ND 2,3dd,575
IMPROVEMENT 0.
MARKET VALUE 2,344,575
SUBJECT TO ROLIBACKTAXES DEFERRED VALUE 2,310,180
SPECUlL VALUE 34,387
TAX ENTITY INFORMATION
pENTON COUNTY
P O BOX 90223 OENTDN TX 76202 PAYMENTS AS OF 03!12/07
PHONE 972-434-8835 06 TAX RATE 0.2319200
W/0 EXEMPT 5,437.54
EXEMPTIONS NONE YR BASE TAX EIASE DUE bUE 03/O7 DUE 04107
OB T9.75 0.00 "' PAID 11/0810B'*'
SUBTOTAL 78.73 0.00 0.00 0-Oo
NQ. CITY OR TOWN
} NOT IN CITY LIMITS PAYMENTS qS OF
~
03/21/07
PHONE 08 TAX RATE ~ 0.0000000
W/O EXEMPT 0.00
EXEMPTIONS NONE YR BASE TAX BASE DUE bUE 03/07 DUE Od/07
06 0.00 0.00 '^ NO TAX DUE ^~
SUBTOTAL 0.00 0.00 0.00 0.00
ISO - pENTON
COLLECTED BY DENTON CO PAYMENTS AS OF 03/1y07
PHONE 972-034.8835 06 TAX RATE 1.7640000
W/O EXEMPT 41
358.30
EXEMPTIONS NONE .
YR BA$E TAX BASE DUE DUE 03!07 DUE 04!07
06 606.59 0.00 `""' pAID 11!06!08 ""*
SUBTOTAL 606.59 0.00 0.00
0.00
onr_v ae rw a~
, /~vL •J yr IJ
TAX C~RTlFICATE
DATA TRACE
2229 AVE J, SURE t Ot
ARLINGTON, TX 76006
817-281.8190 FAX R17.695-421
CU31': REPUBLIC TfTLE DF TEXAS, INC BRANCW: CR7 PAULBTTE HUBBARD
OFD 07R08830 CLOSER: ORDER TYPE: 7 SUBTYPE:: 1 DATE: 03/21!07
SUMMARY OF ACCOUNT R-67475
TAX YEAR BASE TAX DUE 03yf17 DUE D4/07
DENTON COUNTY 2006 79.75 0;00 0.00
NO CITY OR TOWN 2006 0.00 0100 0.00
ISD-DENTON 2006 606.53 0:00 D.00
TOTAL TAX 888.34 0;00 0.00
CF,RTIFICATION, CONDITIONS AND EXCLUSIONS
iHl3 CERTIFIES THATALI AD VALOREM TAXES APPLICABI.,E TO THE ABOVE REFERENCED '
PROPERTY WIVE BEEN CHECKED AND FOUND TO HAVE THE $TATU$ INDICATED.
7. T WS CERTIFICATION DOES NOT COVER ANY CFiPNGES MADE TO THE TAX ROIL OR RECORDS AFTER THE
Z TWISMOOCUMEN7 DOE6 NOT CONS~TITUT6 A REPbRT ON OR CERTIFCATON OF MINERAL
P
O
(
R
OUCTNE ANtl
NON•PRODUCTNE) TAXES, (EASES, PERSO Wd. PROPERTY TAXES OR OTVIER NON AO VALOREM TAXES (SUCH
A$ PAVING LIENS, STAND-BY CHARGES OR MAINTENANCE ISSESSMENTg} T7iESE ITEMS MAYBE INCLUDEtl
FOR CONn/ENIENCE PURPOSES ONLY.
3. THIS CERTIRCATE IS NOT TRANSFERRABLE AND IS ENFORCEABLE ONLY BY 7HE PARTY TO WHICH IT HAS
BEEN ISSUED.
PRINTED BY TR213K8
.. -~
~. t>x oertiflrate Is beMg prtrrldad for Informaeknal
purposes only and maybe IeHEd upon on4y Dy kepu6[ic
Atle Of Teas, Ilrt for the hsuenoe of ttUe ireaDrance anA
~ b1l anyotherparae ferany other Dulprrse.
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EXHIBIT D
ALDI Inc. Corporate Finance & Administration
1200 North Kirk Road
Batavia, IL 60510-1477
Tel: 630/879-8100
FAX: 630/879-9901
ALDI INC.
CERTIFICATE OF RESOLUTION
I, Lynn A. Moser, do hereby certify that I am the Assistant
Secretary of Aldi Inc. and that the following is a true copy of a resolution
duly adopted by the Board of Directors of said corporation by unanimous
written consent dated February 10,1998.
RESOLVED, that the Chairman orthe President
of Aldi Inc. is hereby authorized to execute real
estate transactions, including but not limited to
purchase or sale contrails, on behalf Aldi Inc.,
or to assign the authority to execute real estate
transactions for specific properties.
August 10.2007 ~----~7" ~wti ~;
Date Lynn A. Moser
Assistant Secretary
ALDI Inc. Corporate Finance & Administration
1200 North Kirk Road
Batavia, IL 6 0 510-1477
Tel: 630/879-8100
FAX: 630/879-9901
As provided for in the corporate resolution dated February 10, 1998, I, Charles Youngstrom,
President of Aldi Inc. authorize Scott Huska
to execute all necessary documents related to the property generally described as:
See Attached lax Abatement Agreement for the [hy of Denton TX
August 10.2007 ~ '~ ~+
Date Charles oungst om
President