The Abatement RegisterHempsteadAgreement 0009766
Texas Chapter 380 / 381 agreement · Hempstead

H-E-B, LP

Agreement 0009766, filed with the Texas Comptroller by CITY OF HEMPSTEAD, TEXAS.

$200,000,000.00committed capital investment
0–100%of Ad Valorem Tax Incentive abated
The obligation

Terms the contract defines.

“Completion Deadline means forty-eight (48) months from the Commencement of Construction with respect to the Project Improvements, subject to extension on account of Force Majeure, as provided in Section 19.”Executed agreement, p. 5
“5 100 5 6 100 6 7 100 7 8 100 8 9 100 9 10 100 10”Executed agreement, p. 8
“In addition, as a condition to receipt of any Ad Valorem Tax Incentives, the Company shall spend or cause the expenditure of an Investment of a sum of not less than $200,000,000.00.”Executed agreement, p. 7

The dated sentence above defines a term used elsewhere in the contract. It is recorded here as a definition, not as a performance obligation.

The remedy

The agreement terminates.

“may terminate this Agreement and require the Company to remit to the City all or a portion of the incentives paid by the City to the Company under this Agreement..”Executed agreement, p. 10

This clause ends the agreement. It states no repayment of money already received.

Where a deadline above has passed, no public record exists of whether it was met — not in the Comptroller’s filings, nor in the local government’s own disclosures. That is not evidence of non-compliance. Texas requires nobody to record it.

Abatement schedule · Ad Valorem Tax Incentive · p. 9

What was abated, and for how long.

100%1
100%2
80%3
80%4
80%5
60%6
60%7
60%8
60%9
0%10

A local abatement waives only that taxing unit’s share of the property tax bill. School districts, counties, cities and hospital districts each sign separately.

Every field, as the contract states it

The record.

FieldValue & quoted sourcePage
Granting bodyCITY OF HEMPSTEAD, TEXASThis Chapter 380 AGREEMENT (“Agreement”) is entered into on the Effective Date (as defined herein) by and between the CITY OF HEMPSTEAD, TEXAS (the “City”), a home rule municipality organized under the laws of the State of Texas, and H-E-B, LP, a Texas limited partnership (““Company’’).4
Contracting entityH-E-B, LPThis Chapter 380 AGREEMENT (“Agreement”) is entered into on the Effective Date (as defined herein) by and between the CITY OF HEMPSTEAD, TEXAS (the “City”), a home rule municipality organized under the laws of the State of Texas, and H-E-B, LP, a Texas limited partnership (““Company’’).4
Parent / guarantorNot stated in the agreement—
InstrumentChapter 380 Economic Development AgreementAUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT1
Governing chapterChapter 380, Local Government Code__ 24-913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS, AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH THE PROPERTY OWNER OF PRIMARILY UNDEVELOPED LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BUSINESS US 290/10 STREET AND LOCUST STREET IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF HEMPSTEAD, PROVIDIN—
Capital investment$200,000,000.00In addition, as a condition to receipt of any Ad Valorem Tax Incentives, the Company shall spend or cause the expenditure of an Investment of a sum of not less than $200,000,000.00.7
Grant or incentiveNot stated in the agreement—
Jobs committed100 figure taken from a schedule, not from covenant language5 100 5 6 100 6 7 100 7 8 100 8 9 100 9 10 100 108
Wage requirementNot stated in the agreement—
Square footage350,000 square footCompany plans to construct a 350,000 square foot master planned distribution campus on the Land (the “Project Improvements”)4
AcreageNot stated in the agreement—
Performance deadlineforty-eight (48) months from the Commencement of Construction defined term, not a covenantCompletion Deadline means forty-eight (48) months from the Commencement of Construction with respect to the Project Improvements, subject to extension on account of Force Majeure, as provided in Section 19.5
Expiration10 years after the Completion DateExpiration Date means the ten (10) year anniversary of the Completion Date.6
Effective dateApril 24, 2024Date: April QY, 20a14
SignatoryBenjamin R. ScottH-E-B, LP Attn: Benjamin R. Scott 646 South Flores Street San Antonio, Texas 7820411
Chain statusTerminal document — no later agreement in the registry names this one as its predecessor—
How to check this page

Every line above is in the contract.

Agreement 0009766 is filed with the Texas Comptroller. Pull the PDF, go to the page number beside any row, and read the sentence. If a figure here does not match the document, tell me and it is corrected the same day.

Where the contract says nothing, the field is left empty rather than filled with a guess.

One of 1,645

Which of these are on your book?

This is a single agreement. I have read 1,645 of the 4,428 Texas has filed, resolved which have been superseded, and recorded what each commits a company to.

Send me an entity and a county and I will tell you what is on it — quoted, page-cited, checked. Free for the first one.

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