board of county commissioners agenda monday, …jan 25, 2016 · 2. consider acceptance of the...

BOARD OF COUNTY COMMISSIONERS AGENDA MONDAY, JANUARY 25, 2016, 9:00AM

COMMISSION CHAMBERS, ROOM B-11 I. PROCLAMATIONS/PRESENTATIONS

II. UNFINISHED BUSINESS

III. CONSENT AGENDA

1. Acknowledge receipt and consider approval of the Rossville Township Treasurer's BondCounty Clerk.

2. Consider acceptance of the December 2015 bank reconciliation report-Treasurer.

3. Consider acceptance of settlement from Dairy land Auto/Peak Property and Casualty Insurance Corporation for damage reimbursement in the amount of$2,072.29-Public Works.

4. Acknowledge receipt of Summons in Case No. 2015CV1154 Wells Fargo Bank, N.A. vs. Board of County Commissioners of Shawnee County, Kansas et al.-County Clerk.

5. Acknowledge receipt and consider approval of the Board of County Commission meeting minutes of September 3, 10, 14, 17, 21, 24, 28, 2015-County Clerk.

6. Consider authorization and execution of the following service contracts--Parks and Recreation:

(a) Contract C20-2016 with Caitlyn Vohls to instruct fitness classes and workshops at a cost of $15.00 per hour.

(b) Contract C21-2016 with Mikayla Griffin to instruct youth dance classes at a cost of$9.00 per student.

(c) Contract C22-2016 with Maad Man Enterprises, LLC to provide photo booth equipment, supplies and take pictures at a cost of$300.00 per booth.

(d) Contract C23-2016 with Dana Schirmer to provide music lights and speakers for a cost of $250.00 per event.

(e) Contract C24-2016 with US Foods to deliver products to concession and camp locations as a prime vendor for a fee of 5% above whole sale cost.

7. Consider acceptance of permanent easements and authorization to pay William G. & Mary L. Kramer the agreed settlement amount of$2,010.00 for right of way over a culvert to a unnamed tributary to Big Muddy Creek-Public Works.

8. Consider acceptance of easements and authorization to pay William G. & Mary L. Kramer the agreed settlement amount of$1,190.00, William A. & Glenda J. Peden the agreed settlement amount of$1,805.00 and Benjamin J & Ramona K. Smith the agreed settlement amount of $2,200.00 for construction of culverts over tributaries to Big Muddy Creek-Public Works.

9. Consider request to waive classified employee 60-day probation for two employees-County Clerk.

IV. NEW BUSINESS

A. COUNTY CLERK- Cynthia Beck

1. Consider all voucher payments.

2. Consider correction orders.

3. Consider renewal of tax exemption for Goodyear, Addition IV.

4. Consider renewal of tax exemption for Hill's Pet Nutrition, Feline Animal Colony.

5. Consider renewal of tax exemption for Hills' Pet Nutrition, Canine Animal Colony.

6. Consider renewal of tax exemption for Mars Chocolate North America, LLC.

7. Consider renewal of tax exemption for Allen Foods I Bimbo Bakeries USA, Inc.

8. Consider renewal of tax exemption for Big Heart Pet Brands (FKA Del Monte Foods Inc).

9. Consider renewal of tax exemption for Big Heart Pet Brands (FKA Del Monte Foods Inc), Expansion.

10. Consider renewal of tax exemption for Big Heart Pet Brands (FKA Del Monte Foods Inc), Expansion #2.

11. Consider renewal of tax exemption for HME, Inc., Expansion #2.

12. Consider renewal of tax exemption for Crosswind Petfoods, Inc.

13. Consider renewal of tax exemption for Frito-Lay, Inc.

14. Consider renewal of tax exemption for Frito-Lay, Inc., Expansion.

15. Consider renewal of tax exemption for Target Distribution Center.

B. COMMISSION

1. Reflect that Commissioner Buhler has appointed Mary Thomas to the Expocentre Advisory Board representing the first commission district, for a three year term that expires December 31,2018.

V. ADMINISTRATIVE COMMUNICATIONS

VI. EXECUTIVE SESSIONS

Shawnee County

Office of County Clerk CYNTHIA A. BECK

DATE:

TO:

FROM:

RE:

January 19,2016

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www.snco.us

BOARD OF C~U~3y COMMISSIONERS

Cynthia A. Bec~awnee County Clerk

Rossville Township Treasurer's Bond

Please acknowledge receipt and consider approval of the following bond:

Rossville Township Treasurer's Bond Effective March 13th, 2016- March 13th, 2017 Jeff Wehner- $10,000

Thank you for your consideration.

CAB/ced

Attachment:

twpbonds.doc/townships/db

200 SE 7th Street- Room 107 Topeka, Kansas 66603-3963

MER CHAN~ BONDING COMPANY,.

MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, lA 50306-3498

PHONE: (800) 678-8171 FAX: (515) 243-3854

OFFICIAL BOND THESTATEOF ________ K_ffilli __ ~ ______ _

______________ SM __ w_n_ee ______________ COUNTY BOND No. ----=K=S;.._:_46=5;..;:8=-9 __ _

KNOW ALL PERSONS BY THESE PRESENTS:

That we JEFF WEHNER ------------------------------~~~~~~-----------------------------

as Principal, and Merchants Bonding Company (Mutual) , a corporation duly licensed to do business in the State of Kansas , as Surety, are held and firmly bound unto Rossville Township

in the penal sum of ----------------------------------------------------------------------Ten Thousand Dollars $10,000.00 ) Dollars.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal was duly elected or appointed to the office of Tre~urer

on the day of ,-------' for the term beginning on the 13th day of March 2016

and ending on the 13th day of March 2017

NOW THEREFORE, if the Principal shall faithfully perform and discharge all the duties of said office during his/her continuance therein then the above obligation to be void, to otherwise to remain in full force and effect.

PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number of claims which may be made against this bond, the.liability of the Surety shall not be cumulative and the aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated above. Any revision of the bond amount shall not be cumulative.

PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shall terminate as to subsequent acts of the Principal.

Signed and dated this 1st day of January 2016

Principal Countersigned (if required):

By: ----------------------------Taken and approved this ------------day of------------------------ , _____ .

Approving Officer

OATH OF OFFICE THE STATE OF _____ K_ffilli~as=-.:...._ ___ __

Shawnee County

I,---------------' solemnly swear that I will support the Constitution of the United States and th~ Coostttution cfthe

State of Kansas . and that I will faithfully and honestly discharge the duties of the office upon which I am about to

enter, to the best of my ability.

Subscribed and sworn to before me this ______ day Principal

of ____________ _ Board of County Commissioners

Notary Public

PO 0117 (2/15) Kevin: .J. Cook, Chair

MER CHAN~ BONDING COMPANY,. POWER OF ATTORNEY

for Company Employees Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint the following company employees, individually,

Margaret Heasley

their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of:

Unlimited This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011.

"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in ihe naiure thereof."

"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."

In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the CommissionerDepartment of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 14th day of August 2015

,.·•'::·~1."_'\.o.·.·~·j···· .-",-...,,,••.. • • ·,~({CO • o MERCHANTS BONDING COMPANY (MUTUAL) •' ~r ""' . ··~'i;) ... ·····.~~··. MERCHANTS NATIONAL BONDING, INC.

/ ~ .··c;,...o.;4-.. <?0\ .·~~--~ "Poli'-1··.,~ •. fJ.-/.CJ ~;· .. ~-~ :~_:!;;;? ~·-.;..L~ E::::::.!' -o- ,_,!C; . • .,_-.;;;; o , .. : -.t: :E"; •z::- - - o:-:i: ~ .,:.-:. 2:0 OJ ! '> ! : d: ·.. 1933 ! c:::: • "'# 1.)•, ••• :: ·~·· :'::-1: \~··... . .. ··~ i . ~- -~c:::- •

... ~.&.~ ••••••• •')' ,,'t •• '.J'u: ....... '\....'\ •• "tt,.. *'""Y "''t ~,..• • • :" {::t • •

STATE OF IOWA '••.,,,,,,..,,,,,~"''' • • • • • • • COUNTY OF DALLAS ss. President

. ,~7~ On this 14th day of August • 2015 , before me appeared Larry Taylor. to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective 'Board of Directors.

WENDY WOODY Commission Number 784654

My Comm1ssion Expires June 20, 2017

(Expiration of notary's commission does not invalidate this instrument)

County, Iowa

I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-A TIORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of January

Secretary

POA 0015 (6/15)

2016 .

DATE:

TO:

FROM:

CC:

RE:

January 20, 2016

Shawnee County Office of County Treasurer

Room 101, Courthouse, Topeka, Kansas 66603 Phone 785-251-5416 http://www.snco. us

LARRYMAH COUNTY TREASURER

MEMORANDUM

Shawnee County Board of Commissioners

Larry Mah, Shawnee County Treasurer LtrYl)J tlj/-Lorna McPhail, Deputy Financial Administrator

December 2015 Bank Reconciliation

Please place this request on the Monday, January 25, 2016 Board of County Commission Consent agenda for final approval of the December 2015 bank reconciliation report. This bank reconciliation report has been reviewed and approved by Audit Finance Department.

Thank you for your time and consideration.

December 2015 Bank Reconciliation

Ending balance Per IFAS

Reconciling Items

Less:

Credit cards (posted to bank January 4, 2016 )

Deposit in Transit (posted to bank January 4, 2016)

NSF check (posted to IFAS January 4, 2016)

Kanpay credit card return (posting to IFAS January 2016)

Add:

Outstanding checks as of 12/31/2015

Credit Card payments (posted to IFAS January 5, 2016)

ACH Credit-Lake Shawnee Golf Course (P & R) (posted to IF AS January 5, 2016)

ACH Credit- CHC of KC payments (SCHA) (posted to IFAS January 5, 2016)

ACH Credit-BCBS Of Kansas payments (SCHA) posted to IFAS January 5 & 6, 2016)

ACH Credit-KS PPO CH&L payments (SCHA) (posted to IF AS January 5, 2016)

ACH Credit-Wisconsin Physicians payments (SCHA) (posted to IFAS January 15, 2016)

ACH Credit-St of Ks Smart payments (SCHA) (posted to IFAS January 4 & 5, 2016)

ACH Credit-Kansas Solutions payments (SCHA) (posted to IFAS January 5 & 6, 2016)

ACH Credit-KS Claims payment (SCHA) (posted to IF AS January 5, 2016)

ACH Credit-UHC of the Midwest payments (SCHA) (posted to IF AS January 4, 5, & 13, 2016)

ACH Credit-United Healthcare payments (SCHA) (posted to IF AS January 5, 2016)

ACH Credit-Federal Employee payment (SCHA) (posted to IFAS January 7, 2016)

ACH Credit-KsCENP Claims payment (SCHA) (posted to IFAS January 5, 2016)

ACH Credit-Wichita PPO CH&L payment (SCHA) (posted to IFAS January 5, 2016)

ACH Credit-UMR YoungWilliam payment (SCHA) (posting to IFAS January 2016)

Payment to Kansas Dept. of Wildlife & Park (posted to bank January 5, 2016)

Payment to Wells Fargo (posted to bank January 7, 2016)

Payment to BCBS (posted to bank January 4, 2016)

Adjusted ending balance

Vault cash

Ending balance per UMB Bank

Difference

Prepared by: tjt Shawnee Co. Treasurer's office

1/19/2016

$ 204,140,766.09

$ 204,140,766.09

$ 28,040.91

$ 304,988.23

$ 25.00

$ 108.70

$ 333,162.84

$ 2,640,593.28

$ 1,065.25

$ 5,845.50

$ 57.94

$ 7,976.92

$ 604.60

$ 2,259.67

$ 1,348.68

$ 526.91

$ 5,799.89

$ 2,188.81

$ 531.02

$ 245.77

$ 194.47

$ 119.69

$ 122.15

$ 59.50

$ 64,827.61

$ 78,078.18

$ 2,812,445.84

$ 206,620,049.09

$ 4,000.00

206,616,049.09

206,620,049.09

$

~)]} Shawnee County

Department of Public Works 3 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

Date:

To:

From:

Re:

785-251-6101 FAX 785-251-4920

THOMAS C. VLACH, P.E. DIRECTOR OF PUBLIC WORKS

COUNTY ENGINEER

MEMORANDUM

January 19, 2016

Board of County Commissioners

. "\'l Thomas C. Vlach, P .E. \ Director of Public Works

Dairy land Auto/Peak Property and Casualty Insurance Corporation 61 st & Auburn Accident Damage Reimbursement

(CONSENT AGENDA)

Attached for your consideration is a settlement agreement with Dairy land Auto/ Peak Property and Casualty Insurance Corporation regarding damages suffered by the Shawnee County Department of Public Works (SCDPW) as the result of a traffic accident at the intersection ofSW 61 st & Auburn Road on February 10, 2015. SCDPW realized damages in the amount of $3,962.72 as a result of this accident.

As stated in the letter from Dairy land Auto, their insured had a policy limit of $1 0,000; however, there are three claimants involved in this case and Dairyland has indicated they intend to pro-rate the settlement awards on a direct percentage basis.

In consultation with the Shawnee County Counselor's office, the SCDPW recommends accepting the pro-rated amount of the claim. The other option would be to litigate for the remaining amount; however, we believe the cost to do so would be in excess of the amount to be gained.

The financial impact of this request will be a receipt of $2,072.29.

Reimbursement funds will be deposited into the SCDPW Special Highway Improvement Fund (Account No. 27SCOOO 2040).

Your consideration of this request is appreciated.

Peak Property and Casualty Insurance Corporation P.O. Box 8042 Stevens Point, WI 54481

September 19, 2015

SHAWNEE COUNTY PUBLIC WORKS 1515 NW SALINE ST STE 200 TOPEKA KS 66618-2867

IJ'•IJJI•''II'•••IIJI'IJIJJIIIIIIJIIIIIII•III••JI•IJ••IJI•J•JJJJ•

Claim Number: Insured: Regarding:

Date of Loss: Loss Location:

DAIRYLAND _AUTC">®

92A 788687-738 ANDREW SLACK SHAWNEE COUNTY PUBLIC WORKS 02/10/2015 61st & Auburn, T<?peka KS

This letter will confirm receipt of your invoice for damages in the amount of . $3962.72 for the damages sustained to the traffic signal light pole and stop sign as a result of the above loss which occurred on 02/10/2015 at the intersection of SW 61st & Auburn Rd in Topeka, KS

As we had indicated to you previously, our insured's policy has a Property Damage liimit of $10,000.00. The total property damage for all parties has exceeded this amount and as a result, we are paying damages on a pro-rata basis. The calculated p~o-rata share of your damages is $2072.29.

If you are in agreement with this figure, please sign and return the enclosed Property Damage Release. Please be advised that ALL parties with property damage resulting from this loss have to agree to their respective settlement offers before payments can be made.

I am attaching a copy of the pro-rata worksheet for your records.

Sincerely,

Melanie Moore, Claims Representative II Peak Property and Casualty Insurance Corporation A Member of the Sentry Insurance Group 800-334-0090 ext. 4595141 or 563-459-5141 888-729-2225 Fax [email protected]

Enclosure: Pro-Rata worksheet, Property Damage Release

RECE1VED SEP 2 4 Z015

SHAWNEE COUNTY PUBLIC WORKS

150919022422.0300 0030090868400100000066618286750 92A788687-738

Shawnee County


=.z11 +


200 SE 7th Street - Room 1 07 Topeka, Kansas 66603-3963

MEMORANDUM

FROM:

Board of Count~ommissioners f( <?Jpl-~ -.p:>

Cynthia ~ ~ec~ County Clerk

TO:

RE: Litigation

DATE: January 20, 2016

Please acknowledge receipt of Summons in the following case in the District Court of Shawnee County, Kansas:

CASE NO: 2015CV1154 Wells Fargo Bank, N.A., vs. Board of County Commissioners of Shawnee County, Kansas et. al.

which was received in the office of the Shawnee County Clerk and forwarded to the County Counselor on this date.

Attachment

Shawn Scharenborg, KS # 24542 Michael Rupard, KS # 26954 Dustin Stiles, KS # 25152 Kozeny & McCubbin, LC. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 (314) 991-0255 (314) 567-8006 K&M File Code:WITPHN01

Wells Fargo Bank, N.A., Plaintiff,

VS.

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 1 07 Topeka, KS 66603

Defendant.

Pursuant to K.S.A. Chapter 60

TO THE ABOVE-NAMED DEFENDANT:

SUMMONS

You are hereby notified that an action has been commenced against you in this Court. You are required to file your answer to the Petition with the Court and to serve a copy upon the Plaintiff's attorney as follows: Kozeny & McCubbin, L.C. (St. Louis Office) at 12400 Olive Blvd., Suite 555, St. Louis, MO 63141 within twenty-one (21) days after service of summons upon you. If you fail to do so, judgment by default will be taken against you for the relief demanded in the attached Petition, which is incorporated herein by reference. Any responsive pleading you file m:::n~~:rt~~o-...:a!': counterclaim any related claim that you may have against Plaintiff. ~e '\)::;...1---.::

(Seal) Chief Clerk of the District Court

/V . {3~~ SHERIF~

Dated: .....:..J-'-/_1!:....,;,/l~·(...!<:.,o __ _

STATE OF KANSAS, Shawnee COUNTY, ss.

, Dep

~~ ~

4..) ~

[;;) 1J.J.

-----------' by delivering to--~-----=:---------' at ----------' at .M. in the County of , State of Kansas. ___ Personal Service;

___ Residential Service;

lllllllllllllllllllllllllllllllllllllllllll~lllllllllllllllllllllllll 1 * K M 1 0 3 2 3 4 3 1 K M *

---~;·ro;:,-;q:·:z4o42----l'ii1Tctiael Rupard, KS # 26954

Dustin Stiles, KS # 25152 Kozeny & McCubbin, L.C. (St. Louis Office) 12400 Olive Blvd., Suite 555 St. Louis, MO 63141 Phone: (314) 991-0255 Fax: (314) 567-8006 K&M File Code:WITPHN01

IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS

Wells Fargo Bank, N.A., Case No. ~ 5GAv1 Jsf Plaintiff, s

Div.No. __ _

VS.

Denise A Witzke Serve at: 5834 SW 28th Street Topeka, KS 66614

Phillip D. Witzke Serve at: 5834 SW 28th Street Topeka, KS 66614

Unknown Occupant Serve at: 4717 SW 30th St Topeka, KS 66614

The Board of County Commissioners of the County of Shawnee, Kansas Serve at: 200 E 7th Street, Room 1 07 Topeka, KS 66603

Defendants.

Petition Pursuant to K.S.A. Chapter 60

/IIIII/II IIIII III ~Ill 11~1 ~Ill IIIII IIIII 1~1111111 IIIII/I Ill~ /IIIII * K M 1 0 3 2 3 4 1 4 K M *

2

---·· .. ~~·-PETITION FOR FORECLOSURE OF MORTGAGE

COMES NOW, Plaintiff, Wells Fargo Bank, N.A., and for its cause of action against the

Defendants states as follows:

1. Plaintiff is a corporation duly organized and existing by virtue of law.

2. Venue is proper in this District by way of the subject matter, i.e., the foreclosure of a

mortgage on certain real estate located in the County of Shawnee, State of Kansas.

3. On or about December 16, 2009, Denise A Wrtzke, Phillip D. Witzke [hereinafter

"Borrower(s)"J borrowed money from, executed and delivered to Wells Fargo Bank, N.A., a

Note, payable in monthly installments, in the original principal sum of $112,550.00, together

with interest as stated. A true and correct copy of the Note is attached and incorporated by

reference as if fully set forth as Exhibit 1 .

4. As a part of the loan transaction and in order to secure payment of the Note, Borrower(s)

executed and delivered to Wells Fargo Bank, N.A., a Mortgage of the same date upon the

following described real estate:

LOT 3, BLOCK 5, ARROWHEAD HEIGHTS SUBDIVISION NO. 1, AN ADDITION TO

THE CITY OF TOPEKA, SHAWNEE COUNTY, KANSAS.

known and numbered as 4717 SW 30th St, Topeka, KS 66614. The Mortgage was duly

recorded on December 22, 2009, in the Office of the Register of Deeds of Shawnee County,

Kansas, in Book 4767 Page 50. The Mortgage tax was paid. A true and correct copy of the

Mortgage is attached and incorporated by reference as if fully set forth as Exhibit 2.

5. Wells Fargo Bank, N.A., is the current legal holder of the debt, and possesses all rights,

including the right of enforcement of the Note and Mortgage.

6. Borrower(s) have failed and refused to make the payments as provided for in the Note and

Mortgage, and said contracts are delinquent and the last payment received was the payment

111111111111~ ~I ~111111111~111111 ~~ 111111111111111~ IIIII ~ 1111

3

* K M 1 0 3 2 3 4 1 4 K M *

TO:

FROM:

Board of W-' Cynthia{).. Beck,


Shawnee County

Office of County Clerk

785-233-8200, Ext 4155 Fax 785-291-4912

CYNTHIA A. BECK

Website: http://www.snco.us 200 SE 7th Street - Room 1 07 Topeka, Kansas 66603-3963

MEMORANDUM

Commissioners

County Clerk

RE: Board of County Commission minutes

Please acknowledge receipt and consider approval of Board of County Commission meeting minutes for September 3, 10, 14, 17, 21, 24, 28, 2015.

Thank you.

January 14, 2016

TO:

FROM:

RE:

Board of Commissioners Shawnee County

John E. Knight, Directo,J Parks + Recreation

Operational, Service and Vendor Partners Recreation Division

Ill

Board of Commissioners approval is requested on the attached five (5) Independent Contractor Agreement for Services. Contracts are a valuable tool used by Parks + Recreation to provide compensation to individuals and/or partners who desire to share their service, skills and talent with the public as independent contractors.

One of the recommendations of the Master Plan is to develop and review partnerships. The Master Plan suggested the following approach to organizing the department's partnership pursuits. The department is now using the following five (5) areas of focus to organize existing and future partnerships.

Operational Partners: Other entities and organizations that can support the efforts of Shawnee County Parks + Recreation to maintain facilities and assets, promote amenities and park usage, support site needs, provide programs and events, and/or maintain the integrity of natural/cultural resources through in-kind labor, equipment, or materials.

Vendor Partners: Service providers and/or contractors that can gain brand association and notoriety as a preferred vendor or supporter of Shawnee County Parks + Recreation in exchange for reduced rates, services, or some other agreed upon benefit.

Service Partners: Are nonprofit organizations and/or friends groups that support the efforts of the department to provide programs and events, and/or serve specific constituents in the community collaboratively.

Co-Branding Partners: Are private for-profit organizations that can gain brand association and notoriety as a supporter of Shawnee County Parks and Recreation in exchange for sponsorship or cobranded programs, events, marketing and promotional campaigns, and/or advertising opportunities.

Resource Development Partner: A private, nonprofit organization with the primary purpose to leverage private sector resources, grants, other public funding opportunities, and resources from individuals and groups within the community to support the goals and objectives of the department on mutually agreed strategic initiatives.

parks.snco u

Shawnee Count Parks + ecreation • 3137 SE 29th Street • To eka KS 66605 • 785 251-2600

The following contracts are examples of Operational, Service and Vendor Partnerships that help the department meet the Community Vision for programs and events.

• Caitlyn Vohs, Instruct fitness classes and workshops for a fee of $15 per hour. • Mikayla Griffin, Instruct youth dance classes for a fee of $9 per student. • Maad Man Enterprises, LLC, Provide photo booth equipment, supplies and take pictures for a fee of $300 per booth. • Dana Schirmer, Provide music, lights and speakers for a fee of $250 per event. • US Foods, Deliver products to concession and camp locations as a prime vendor for a fee of 5% above whole sale cost.

The community's vision for programming is "to reach out to people of all ages to encourage them to experience parks and recreation facilities through well designed programs that create a lifetime of memories". To meet this vision, a goal was established to "continue existing core programs of; preschool-age programs, athletics for youth and adults, youth and adult life skill programs, camps, wellness and fitness programs, senior programs, aquatic programs and special events, and include new core programs in outdoor adventure, adaptive recreation and senior services".

JEK/gcl SFH/SO Attachment( s)

parks.sncoil

SHAWNEE COUNTY CONTRACT NO. C 30 -2016

INDEPENDENT CONTRACTOR AGREEMENT FOR SERVICES

THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Caitlyn Vohs (Contractor).

1. SERVICES TO BE PERFORMED

Contractor agrees to perform the following services for County:

Instruct Fitness Classes

This Agreement shall commence on January 25,2016 and shall end on December 31,2016 unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT

In consideration of the services to be performed by Contractor, County agrees to pay Contractor as follows:

Task Duties Compensation

Instruct Fitness Provide instruction $15.00 per hour

Classes and workshops

Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.

3. INDEPENDENT CONTRACTOR STATUS AND CERTIFICATION

Contractor is an independent Contractor, not a County employee. Contractor's employees or contract personnel are not County employees. Contractor and County agree to the following rights consistent with an independent Contractor relationship:

a. Contractor has the right to perform services for others during the term of this Agreement.

1

b. Contractor has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.

c. Contractor shall not be assigned a work location on County premises, and Contractor has the right to perform the services required by this Agreement at any place, location or time.

d. Contractor will furnish all equipment and materials used to provide the services required by this Agreement.

e. Contractor has the right to hire assistants as subcontractors, or to use Contractor's employees to provide the services required by this Agreement.

f. Contractor or Contractor's employees or contract personnel shall perform the services required by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor.

g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training from County in the skills necessary to perform the services required by this Agreement.

h. County shall not require Contractor or Contractor's employees or contact personnel to devote full time to performing the services required by this Agreement.

Further, Contractor hereby certifies:

1. That Contractor is not an employee of County and thereby Contractor waives any and all claims to benefits otherwise provided to employees of the County, including, but not limited to: medical, dental, or other personal insurance, retirement benefits, unemployment benefits, and liability or worker's compensation insurance.

J. Contractor must provide Federal Tax or Social Security Number on required Form W-9.

k. That Contractor understands that he/she is solely responsible, individually for all taxes and social security payments applicable to money received for services herein provided. Contractor understands that an IRS Form 1099 will be filed by the County for all payments received.

4. INDEMNIFICATION AND HOLD HARMLESS

Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

2

The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.

6. OWNERSHIP OF PRODUCTS/DOCUMENTS

Contractor hereby assigns to County all rights to all products, reports, documents, photographs, videos, data, and drawings produced by Contractor as a result of its services to County during the term of this Agreement.

7. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION.

Shawnee County is subject to the Kansas Cash Basis Law, K.S.A. 10-1101 et seq. If, in the judgment of the Financial Administrator, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, leased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.

8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

3

contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9. ACCEPTANCE OF CONTRACT.

This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners ofthe County of Shawnee, Kansas.

10. ARBITRATION, DAMAGES, WARRANTIES.

Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.

11. REPRESENTATIVE'S AUTHORITY TO CONTRACT.

By signing this document, the representative of the Contractor thereby represents that such person is duly authorized by the Contractor to execute this document on behalf of the Contractor and that the Contractor agrees to be bound by the provisions thereof.

12. TERMINATION OF AGREEMENT

This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the termination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily performed up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the terms of this Agreement. Notice shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.

13. MISCELLANEOUS PROVISIONS

a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law of the State of Kansas.

b. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.

c. Contractor shall comply with all federal, state and local laws requiring business permits, certificates and licenses required to carry out the services to be performed under this Agreement.

4

d. Contractor may not assign any rights or obligations under this Agreement without County's prior written approval.

e. This Agreement constitutes the entire agreement between the parties and may only be modified or extended by a written amendment signed by the parties hereto.

f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.

g. Nothing in this Agreement shall be construed to give any ri.ghts or benefits to anyone other than County and Contractor.

IN WITNESS WHEREOF, County and Contractor have executed this Agreement.

ATTEST:

COUNTY BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS

__________ ,Chair

Date: -----------------

Cynthia A. Beck, Shawnee County Clerk

Printed Name: G:+ly,1' A tiohs·, 27'-1") <:,'c., V.llt~ W Dr A-.r-r2Z.0'1

Address: rorek-. KS 0{.;6; I 'I

Date: I /h/15 · •

5

SHAWNEE COUNTY CONTRACT NO. C,gj -2016


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Mikayla Griffin (Contractor).



Assist in instructing dance youth classes.

This Agreement shall commence on January 1, 2016, and shall end on December 31, 2016, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



Instruct youth dance Provide instruction $ 9 per student classes.





1










j. Contractor must provide Federal Tax or Social Security Number on required Form W-9.



Contractor shall save, hold harmless, and indemnify County, its officers, 'agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

2

5. INSURANCE






. 8. ANTI-DISCRIMINATION CLAUSE.

The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract

3

may be cancelled, terminated or suspended in whole or in part by the County. Parties to this contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.


This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners ofthe County of Shawnee, Kansas.


Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.









4



f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.

g. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than County and Contractor.


ATTEST:


-------------------, Chair


Print Name

Address: L\\~ R~ ~~~ '}"er'

Date: \1 -7 9\- \~

5

SHAWNEE COUNTY CONTRACT NO. C J!l -2016


Tms AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE CoUNTY OF SUA WNEE, KANSAS (County) and Maad Man Enterprises, LLC (Contractor).



Provide Say Cheez Photo Booth for events scheduled by Shawnee County Parks and Recreation.

This Agreement shall commence on January 1, 2016 and shall end on December 31, 2016, unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



Event Photo Booth Arrive prior to event for set up $300/booth

Provide supplies, equipment and participant pictures.





1













Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

5. INSURANCE

2







The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C.

· ·12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if(e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

3



This contract shall not be considered accepted, approved or otherwise effective until the required approvals and certifications have been given and this is signed by the Board of County Commissioners of the County of Shawnee, Kansas.


Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees a..11d late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.






a. This Agreement shall be entered into in Shawnee County, Kansas, and shall be construed and interpreted according to the law ofthe State of Kansas.



4



£ The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.



ATTEST:


-------------------, Chair


CONTRACTOR

~ Ad~.-:y--opekaJ{s bE:bt? Date: /2 -:21-Is

JV1A-A-D MAN ENrer<.Pf2-lS~S LLC

Dl?A 6A'( C#E6Z.. ThD-ro &011-f.

5

SHAWNEE COUNTY CONTRACT NO. C o23 -2016


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (County) and Dana Schirmer (Contractor).



D.J music for events scheduled by Shawnee County Parks and Recreation

This Agreement shall commence on January 1, 2016 and shall end on December 31, 2016 unless this Agreement is terminated sooner or extended in accordance with its terms.

2. PAYMENT



D.J Arrive prior to event for set up $250/event

Supply music, lights and speakers





1













Contractor shall save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents,

· subcontractors or employees.

5. INSURANCE

2

The County shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the_ provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the Contractor shall bear the risk of any loss or damage to any personal property to which Contractor holds title.






The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to this

3





Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County. has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.









4



£ The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.



ATTEST:


-------------------, Chair


Address Date:

5

SBA WNEE COUNTY CONTRACT NO. C d£/: -2016


THIS AGREEMENT is between THE BOARD OF COUNTY COMMISSIONERS OF THE

CoUNTY OF SHAWNEE, KANSAS (County) and _U~S.A;F~O~O~D::.l;S~--------(Contractor).



US Foods will deliver products to various Parks and Recreation locations with a 15 item minimum order . US Foods prices will be at 5% above whole sale. Parks and Recreation employees wiU have to pkk items up from will call if the order is under 15 items. US Foods does recognizes that they will not be able_to provide everything that Concessions or Camps offer in products.

This Agreement shall commence on Mi!:j!__, 2nd 2016 • and shall end on ~December__. I st , 2017 , unless this Agreement is terminated sooner or extended jn accordance with its terms.

2. PAYMENT

In consideration of the services tt) be performed by Contractor. County agrees to pay Contractor as follows:

4_,. .. -...._.,. .....

Task Duties Compensation Deliver service DeUver products to Concession sites and $ 5 %above

Cam(! locations.as a prime vendor. whole sale cost

Contractor shall be responsible for all expenses incurred while performing services under this Agreement. This includes equipment; supplies; telephone expenses~ automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses and other compensation paid to Contractor's employees or contract personnel Contractor hires to complete the work under this Agreement.




b. Contractor has the sole right to control and direct the means, manner . and method by which the services required by this Agreement will be performed.


d. Contractor will furnish aU equipment and mat.erials used to provide the services required by this Agreement.

e. Contractor has the right to hire assistants as subcontractors. or to use Contractor's employees to provide the services required by this Agreement.

f. Conl.ractor or Contractor's employees or contract personnel shall perform the · services required by this Agreement and Contractor agrees to the faithful performance and delivery of described services in accordance with the time frames contained herein; County shall not hire, supervise or pay any assistants to help Contractor.

g. Neither Contractor nor Contractor's employees or contract personnel shall receive any training from County in the skills necessary to perform the services required by this Agreement. ,

h. County shaU not require Contractor or Contractor's employees or contact personnel to devote full time to perfonnlng the services required by this Agreement.



j. Contractor must provide Federal Tax or Social Security Number on required Fonn W-9.



Contractor shalJ save, hold harmless, and indemnify County, its officers, agents and employees, from and against all claims, causes of action, liabilities, expenses and costs, including reasonable attorneys' fees, for injury of any person or damage to property arising out of, or connected with, work performed under this Agreement which is the result of any

2

acts or omissions, whether negligent or otherwise, of Contractor, its officers, agents, subcontractors or employees.

S. INSURANCE


6. OWNERSHIP OF PRODUCfS/DOCUMENTS



Shawnee County is subject to the Kansas Cash Basis Law, K.S.A~ 10-1101 et seq. If, in the judgment of the Financial Administra~or, Audit-Finance Office, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, County may terminate this agreement at the end of its current fiscal year. County agrees to give written notice of termination to Contractor at least thirty (30) days prior to the end of its current fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any of Contractor's equipment, ]eased or otherwise, provided to County under the contract. County will pay to the Contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by County, title to and possession of any equipment purchased by the County under the contract, but not fully paid for, shall revert to Contractor at the end of County's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or the Contractor.


The Contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act, (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) [ADA] and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission of access to or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer''; (c) to comply with the reporting requirements set out in K.S.A. 44 1031 and K.S.A. 44-1116~ (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor, (e) that a failure to comply with the reporting requirements of (c) above or if the Contractor is found guilty of any violation of such acts by the Kansas

3

Human Rights Commission, such violation shall constitute a breach of contract; (f) if the contracting agency determines that the Contractor has violated applicable provisions of ADA, that violation shall constitute a breach of contract; (g) if (e) or (f) occurs, the contract may be cancelled, terminated or suspended in whole or in part by the County. Parties to trus contract understand that subsections (b) through (e) of this paragraph number 5 are not applicable to a Contractor who employs fewer than four employees or whose contract with the County totals $5,000 or less during this fiscal year.

9. ACCEPrANCEOFCONTRA(;T.



Notwithstanding any language to the contrary, no interpretation shall be allowed to find the County has agreed to binding .arbi_tration, or the payment of damages or penalties upon the occurrence of a contingency. Further, the County shall not agree to pay attorney fees and late payment charges; and no provisions will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.




This Agreement may be terminated by either party by giving the other party written notice of the intent to terminate. The notice must specify a date upon which the tennination will be effective, which date may not be less than 7 calendar days from the date of mailing the notice. Only services satisfactorily perfonned up to the date of receipt of notice shall be compensated by County and such compensation shall be pursuant to the tenns of this Agreement. Notke shall be deemed received 3 days after mailing in the United States mail, using first class mail, postage prepaid.


a. This Agreement shall be erttered into in Shawnee County. Kansas, and shall be construed and interpreted according to the law of the State of Kansas.

b. All notices and other communications in connection with this Agreement shall be in writing and shaH be considered given 3 days after mailing in the United States mail, using first class mail, postage prepaid, to the recipient's address as stated in this Agreement.

4

c. Contractor shall comply with all federal. state and local laws requiring business permits, certificates and licenses required to carry out the services to be performed under. this Agreement.



f. The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement. and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void.



ATTEST;


---------• Chair


Address \JS ~ocae\S Date: 1 /1/1 ~

r I

5

J1C Shawnee County

Department of Public Works 7 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

785-251-6101 FAX 785-251-4920

MEMORANDUM


TO: Board of County Commissioners (Consent Agenda)

FROM: Michael M. Welch, P.E.?Jtfl/ltcrCivil Engineer II

RE: Acceptance of Right of Way Project No. 97147-01, Culvert Replacement


COUNTY ENGINEER

NE 74th Street, 0.82 mi East ofNE Shaffer Road Culvert over un-named Tributary to Big Muddy Creek

The Public Works Department has reached agreement with the following list of landowners to acquire permanent and temporary easements for construction of the referenced project. We request your acceptance of the attached easements and authorization for payment.

Owner

William G. & Mary L. Kramer

Encl.

cc: Tom Vlach File

Item Value

Permanent Easement 0.512 acres $ 2,010

Easement No. 1 a Project No. 97147-01

PERMANENT PUBLIC RIGHT-OF-WAY EASEMENT

THIS INDENTURE, made this I If~ day of , 20~ by and between William G. and Marv L. Kramer, husband and wife, her 1 a 'er ref red to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE UNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal description is. an original description and has been prepared by or under the direct supervision of subscribed Registered Land Surveyor. K.S.A. 74-7003)

A tract of land in the Northeast Quarter of Section 14, Township 10 South, Range 16 East of the 61

h P.M., in Shawnee County, Kansas, more particularly described as follows:

Beginning at the Southeast corner of the Northeast Quarter; thence South 89 degrees 59 minutes 44 seconds West along the South line of said Quarter for a distance of 1328.41 feet to the Southwest corner of the Southeast Quarter of said Northeast Quarter; thence North 00 degrees 21 minutes 14 seconds West along .. the West line of th~ ~9111he.ast.Quarter--ef.-sakj Northeast Quarter for a distance of 40.00 feet; thence North 89 degrees 59 .r;ni~,wtel'! 4f\ se~o'nd!) E;[S,t.Ji!arallel to said ~outh line for a distance of 321.78 feet; thence North 73 d\lome.es·AR-•tniniJtes '47" s!=Jcdllds East for a distance of 52.20 feet; thence South 59 degrees 02 minutes·?_E?.:§~§.'!l.O.~~£a'sUoi'.~-'dfstaflce of 29.15 feet; thence South 86 degrees 11 minutes 25 seconds East for a distance of 150.33 feet; thence North 89 degrees 59 minutes 44 seconds East parallel to said South line for a distance of 781.74 feet to a point on the East line of said Northeast Quarter; thence South 00 degrees 16 minutes 02 seconds East along said East line for a distance of 30.00 feet to the Point of Beginning.

Said tract contains 1.04 acres, more or less. Less 0.68 acres, more or less, of existing road right of way for an acquisition of 0.36 acres, more or less.

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.

The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Public Right-of-Way Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the abovedescribed property. Further the use of the Public Right-of-Way Easement shall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way.

Should one or more of the Landowners be natural persons not joined by their respective spouses, it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation.

This Permanent Public Right-of-Way Easement shall run with the land and be binding upon the grantees, lessees, successors, and assigns of the parties hereto, unless terminated by the abandonment of the Public Right-of-Way Easement by the County.

''''"""'''' ,,,~ ~>..\-\ J. rJ.t.'''' ~0~ _-.......... O:t;'~;

.$"91 .••c€-NS~a-· ':;, ~!!.} ··~ • •• #n~

O::Q f J&l• ZI-IS"' •. v• ~ - . ~. -; ; LS-14 : :; .;; 7-\0~ .t.-.,._.4..- ~ ~- . -~ (····li":ANS"'O•··· n..~ ,. •• , r.• ~-_,

"'JrA ••••••••~0,, tC1JI!I'o. ,, 11'?"v SUR'-l ,~,,

''''""'"'''

Easement No. 1 a Project No. 97147-01

IN WITNESS WHEREOF, Said Landowner has hereunto set their hand the day and year first above written.

Easement No. 1 a Project No. 97147-01, NE 741

h Street Culvert, 0.82 mi East of NE Shaffer Road, S0-040

STATE OF KANSAS, COUNTY OF SHAWNEE, ss.

BE IT REMEMBERED, that on this /'f-4': day of , 20~, before me, the undersigned, a notary public in and for the Coun nd Stat aforesaid, came William G. Kramer and Mary L. Kramer. personally known to me to be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set m nd and affixed my notarial seal, the day and year last above written.

Easement No. 1 b Project No. 97147-01


THIS INDENTURE, made this I 4 ~ay of _ ___;;~~~~----,-' 20jk by and between William G. and Mary L. Kramer, husband and wife, herein r referre to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COU TY OF SHAWNEE, KANSAS, hereinafter referred to as the County.


(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal description is an original description and has been prepared by or under the direct supervision of subscribed Registered Land Surveyor. K.S.A. 74-7003)

A tract of land in the Northeast Quarter of Section 14, Township 10 South, Range 16 East of the 6th P.M., in Shawnee County, Kansas, more particularly described as follows:

The North 5 feet of the South 25 feet of the Southwest Quarter of the Northeast Quarter of Section 14, "T:ownship 10 South, Range 16 East of the 6th P.M., in Shawnee County, Kansas.

Said tract contains 6,642 square feet, more or less. ·-· ........ - .. --..... . ~ .... , t~; :~.;~·:·~.~~~ 1 i .. . :; ·~ ... , .t· ·- ~

Said tract encompasses a gap between the rJg(i't~otw1'1y,of • .the•originai'-rl:lad record, RRC-153, and the additional right of way acquired from George p.··&.:Margar:,~.ti;:;:Kran:ier; as.described and recorded in Book 1357 Page 375 at the Register of Deeds Office·and-dated October 28, 1958.

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.




Easement No. 1 b Project No. 97147-01


Easement No. 1 b Project No. 97147-01, NE 741

h Street Culvert, 0.82 mi East of NE Shaffer Road, S0-040


BE IT REMEMBERED, that on this _L!t_ 1Jay of , 20!.£__, before me, the undersigned, a notary public in and for the Count nd State oresaid, came William G. Kramer and Mary L. Kramer, personally known to me to be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set and and affixed my notarial seal, the day and year last above written .

. . : ~· . : .

:JV..::. Shawnee County ~

Department of Public Works 1515 N.W. SALINE STREET • SUITE 200 • TOPEKA, KANSAS 66618-2867

785-251-6101 FAX 785-251-4920

MEMORANDUM

DATE: January 20,2016


COUNTY ENGINEER

TO: Board of County Commissioners (Consent Agenda)

FROM: Michael M. Welch, P.E. ~4.1"'-Civil Engineer II

RE: Acceptance ofRight of Way Project No. 97145-01 and Project No. 97146-01 NE Silver Road, 0.13 and 0.24 mi North ofNE 78111 Street, Culve1is over Tributaries to Big Muddy Creek

The Public Works Department has reached agreement with the following list of landowners to acquire permanent and temporary easements for construction of the referenced project. We request your acceptance of the attached easements and authorization for payment.

Owner

William G. & Mary L. Kramer

William A .. & Glenda J. Peden

Benjamin J. & Ramona K. Smith

Encl.

cc: Tom Vlach File

Item Value

Permanent Easement 0.300 acres $ 1,190 Temporary Easement 0.017 acres

Permanent Easement 0.310 acres $ 1,805 Temporary Easement 0.043 acres

Permanent Easement 0.561 acres $2,200

Easement No. 1 Project No. 97145-01 & 97146-01


THIS INDENTURE, made this I I-f ~day of'--Ap;!:.::..=..=+--• 20~ by and between William G. and Marv Lou G. Kramer, husband and wife, e inafter re rred to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE C NTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.


(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal description is. an original description and has been prepared by or under the direct supervision of subscribed Registered Land Surveyor. K.S.A. 74-7003)

A tract of land in the Southwest Quarter of Section 10, Township 10 South, Range 16 East of the 61


Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 00 degrees 00 minutes 00 seconds East along the East line of said Southwest Quarter for a distance of 743.00 feet; thence North 89 degrees 49 minutes 34 seconds West for a distance of 20.00 feet to a point on the existing road righf of way and .. the-l?.oint-of..Beginning;-. thence continuing North 89 degrees 49 minutes 34 second~ West f~r a distanf.e·ot.zm·.ocr.reet;''tfl·e~ce_l~9r1~ 00 degrees 00 minutes 00 seconds East parallel to sa1d East lme for a <!h!::taAce ofl·456.88 ·feet,· thence North 16 degrees 41 minutes 57 seconds West for a distance of 52.20 feei(.:iherice..N:Ortl:i' . .od~ dE:i~rees 00 minutes 00 seconds East parallel to said East line for a distance of 68.22 feet, more or less, to the North line of the South Half of said Southwest Quarter; thence North 90 degrees 00 minutes 00 seconds East along said North line for a distance of 35.00 feet to a point on said existing road right of way; thence South 00 degrees 00 minutes 00 seconds West along said road right of way for a distance of 575.16 feet to the Point of Beginning.

Said tract contains 0.30 acres, more or less.

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteraiion of drainage patterns and facilities.


Should one or more of the Landowners be natural persons not joined by their respective spouses, it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing. on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation.


Easement No. ,1 Project No. 97145-01 & 97146-01


William G. Kramer ¥ ,;J. 4~(!tn11oJI.

Mary La . Kramer

Easement No. 1 Project No. 97145-01 & 97146-01, NE Silver Road Culverts, 0.13 & 0.24 mi North of NE 78

1h Street


BE IT REMEMBERED, that on this 14-ttaay of , 20 14 , before me, the undersigned, a notary public in and for the Count oresaid, came Willi"iimG. Kramer and Mary Lou G. Kramer, personally known to me to be he same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto se y and and affixed my notarial seal, the day and year last above written.

Easement No. 1Ta&b Project No. 97145-01 & 97146-01

TEMPORA.RY CONSTRUCTION EASEMENT

'1'\.\ THIS INDENTURE, made this t ""f day of:--:-71F.!'~...s.o"f'---,:-:-

William G. and Mary Lou G. Kramer. husband and wife, h THE BOARD OF COUNTY COMMISSIONERS OF THE C referred to as the County.

WITNESSETH, That Landowner in consideration of One Dollar and no/100 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto said County, its duly authorized agents, contractors and assigns, a temporary easement over and through the following described real estate in the County of Shawnee, and State of Kansas, towit:

(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal description is an original description and has been prepared by or under the direct supervision of subscribed Registered Land Surveyor. K.S.A. 74-7003)



Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 00 degrees 00 minutes 42 seconds East for a distance of 743.00 feet along the East line of said Quarter; thence North 89 degrees 48 minutes .52.se·cands.WestJor. a •. d.i.st!'ln.ce of 40.00 feet to the Point of Beginning; thence continuing North 89 degrees .4a•mlnUtEl·s· .9.? seconds West for a distance of 5.00 feet; thence North 00 degrees 00 minutes 42 ~ecoritls East for· a,distaiice ~of 81.86 feet; thence South 89 degrees 59 minutes 18 seconds East for a dlstaii6a'6.f'5i.OQ fe:Ei.t::th§..JJ:lf§.§outh 00 degrees 00 minutes 42 seconds West for a distance of 81.88 feet to the Point of Beginning.

Said tract contains 409.36 square feet, more or less.

ALSO;



Commencing at the Northeast corner of the South Half of said Southwest Quarter; thence North 90 degrees 00 minutes 00 seconds West on an assumed bearing along the North line of said South Half for a distance of 55.00 feet to the Point of Beginning; thence South 00 degrees 00 minutes 00 seconds West parallel to the East line of said Southwest Quarter for a distance of 68.22 feet; thence North 08 degrees 20 minutes 21 seconds West for a distance of 68.95 feet to said North line; thence South 90 degrees 00 minutes 00 seconds East along said North line for a distance of 10.00 feet to the Point of ~~~~ .


It is further understood and agreed that Landowner for the above consideration does hereby grant to the County, for construction purposes only, the right of but not limited to entry, occupation, sloping, grading, clearing, grubbing, excavation and the storage of materials during the construction of a Culvert and Drainage improvement.

This easement shall expire __ Two ____ years from date.

Should one or more of the Landowners be natural persons not joined by their respective spouses, it is conclusively presumed that the land conveyed is not the residence or business homestead of such Landowner(s). Should one or more of the grantors be a legal entity other than a natural person, it shall be conclusively presumed that the person signing on behalf of that party has been duly and legally authorized to so sign and there shall be no necessity for a seal or atte'station.


IN WITNESS WHEREOF, Said Landowner. has hereunto set their hand the day and year first above written.

William G. Kramer

Easement No. 1Ta&b Project No. 97145-01 & 97146-01, NE Silver Road Culverts, 0.13 & 0.24 mi North of NE 781

h Street


BE iT REMEMBERED, that on this ~day of , 20~, before me, the undersigned, a notary public in and for the County foresaid, came William G. Kramer and Mary Lou G. Kramer. personally known to me to be he same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set d and affixed my notarial seal, the day and year last above written.



THIS INDENTURE, made this } /y ~day of , 20~ by and between William A. and Glenda J. Peden. husband and wife, he e· after refe ed to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE C UNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County. ·


(Signature, date and seal of a Registered Land SuNeyor certifies that the following real property legal description is an original description and has been prepared by or under the direct supeNision of subscribed Registered Land SuNeyor. K.S.A. 74-7003) ·


h P.M., in Shawnee County, Kansas, more particularly described as follows: .

Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 89 degrees 48 minutes 52 seconds West for 9 ~.istance of 20.00 feet along the South line of said Quarter to a point on the existing road right of way and the Point of Beginning; thence continuing North 89 degrees 48 minutes 52 seconds West along said-Soutf:l.~ine .. fEJF-·-a-distance·9f 10.00 feet; thence North 00 degrees 00 minutes 42 seconds East, par~llel::.to~'fh!f l?asf'lfne~bf s;:ild. :Southwest Quarter, for a distance of 124.91 feet; thence North 89 degr~eis··SJJ'tnlnutes '18.''~eQon8~-V\test, perpendicular to said East line, for a distance of 10.00 feet; thence NodH:oo~8e~teli!is1.0o~Fi:iinil'ies-4'2 seconds East, parallel to said East line, for a distance of 618.12 feet; thence South 89 degrees 48 minutes 52 seconds East, parallel to said South line, for a distance of 20.00 feet to a point on the existing road right of way; thence South 00 degrees 00 minutes 42 seconds West, parallel to said East line and along said existing right of way, for a distance of 743.00 feet to the Point of Beginning.

Said tract contains 0.31 acres, more or less.

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that. may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.

The Landowner, its heirs, or assigns shall retain all underlying fee interest in the above-described property subject to the use by the County for a Public Right-of-Way Easement. Landowner understands and agrees that it is prohibited from placing or constructing any structure or improvement on the abovedescribed property. Further the use of the Public Right-of-Way Easement s.hall be subject to Kansas State law and Shawnee County Resolutions governing public rights-of-way.





William A. Peden Glenda J. Peden


h Street


BE IT REMEMBERED, that on this __l!f:__ 'day of~ ~ , 20~, before me, the undersigned, a notary public in and for the Co~ Staaforesaid, came William A. Peden and Glenda J. Peden, personally known to me to be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set and and affixed my notarial seal, the day and year last above written.


TEMPORARY CONSTRUCTION EASEMENT

THIS INDENTURE, made this I !of ~ day of , 20_l_f. by and between William A. and Glenda J. Peden, husband and wife, here fter referr d to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, That Landowner in consideration of One Dollar and no/1 00 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto said County, its duly authorized agents, contractors and assigns, a temporary easement over and through the following described real estate in the County of Shawnee, and State of Kansas, towit:

(Signature, date and seal of a Registered Land Surveyor certifies that the fa/lowing real property legal description is an original description and has been prepared by or under the direct supervision of subscribed Registered Land Surveyor. K.S.A. 74-7003)



Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 00 degrees 00 minutes 42 seconds East for a distance of 475.00 feet along the East line of said Quarter; thence North 89 degrees 59 minutes 18 seconds West, perpendicular to said East line, for a distance of 40.00 feet to the Point of Beginning; thence NOrth 21 degrcies 41," minutes 23 seconds West for a distance of 53.85 feet; thence North 21 degrees~4.~:r,ni[lutesArs·econds:J:r:ast for a distance of 53.85 feet; thence South 00 degrees 00 minutes 42 sec;:oiids W~st, parallel to sai9 E:~st line, for a distance of 100.00 feet to the Point of Beginning. · .. ,. · ·-· ·· · · · · ··


ALSO;



Commencing at the Southeast corner of said Southwest Quarter; thence on an assumed bearing of North 00 degrees 00 minutes 42 seconds East for a distance of 650.00 feet along the East line of said Quarter; thence North 89 degrees 59 minutes 18 seconds West, perpendicular to said East line, for a distance of 40.00 feet to the Point of Beginning; thence North 30 degrees 57 minutes 08 seconds West for a distance of 29.15 feet; thence North 08 degrees 21 minutes 40 seconds East for a distance of 68.87 feet; thence South 89 degrees 48 minutes 52 seconds East for a distance of 5.00 feet; thence South 00 degrees 00 minutes 42 seconds West for a distance of 93.12 feet to the Point of Beginning.


It is further understood and agreed that Landowner for the above consideration does hereby grant to the County, for construction purposes only, the right of but not limited to entry, occupation, sloping, grading, clearing, grubbing, excavation and the storage of materials during the construction of a Culvert and Drainage improvement.

This easement shall expire __ Two ____ years from date.


Easement No. 2Ta&b Project No.·97145-01 & 97146-01


1J.L, ~JL;__,~ e . P~ William A. Peden

Easement No. 2Ta&b Project No. 97145-01 & 97146-01, NE Silver Road Culverts, 0.13 & 0.24 mi North of NE 7!31

h Street


BE IT REMEMBERED, that on this N'1ay of , 20.!.l_, before me, the undersigned, a notary public in and for the Coun and Sta aforesaid, came William A. Peden and Glenda J. Peden, personally known to me to be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have.hereunto set year last above written.

~ • ROBERT C. TAGG).Cf{-fry Public ~ Notary Public • State of Kansas

My commission expires: My Appt. Expires July 17. 2019

'·'.

and affixed my notarial seal, the day and



THIS INDENTURE, made this ('I-} r-!"day of ~ , 201(_ by and between Benjamin J. and Ramona K. Smith, husband and wife,reiilaftefi"erred to as the Landowner; and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, hereinafter referred to as the County.

WITNESSETH, that the Landowner in consideration of one dollar and no/1 00 ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does for itself, its heirs and assigns, hereby grant, bargain, sell, and convey unto the County, a permanent public right-of-way easement for vehicular and pedestrian traffic together with the attendant customary uses, including drainage and utilities over, under, through, across, and along all the following described real estate in the County of Shawnee, and State of Kansas, to-wit:

(Signature, date and seal of a Registered Land Surveyor certifies that the following real property legal description. is an ·original description and has been prepared by or under the direct supervision of subscribed Registered Land Survl:)yor. K.S.A. 74-7003)

A tract of land in the Southeast Quarter of Section 10, Township 10 South, Range 16 East of the 6th P.M., in Shawnee County, Kansas, more particularly described as follows:

The East 20 feet of the West 40 feet of the North Half of the Southeast Quarter of Section 10, Township 10 South, Range 16 East of the 6th P.M., in Shawnee County, Kansas.

Said tract contains 26,360 square f$~!~7r:~;Q:~~:;~r.:l.;;~~;;:;l.es.sexi~ting right of way of 1910 square

feet, more or less, for an acquisition of 24,45r"~:~~~t~ ~;~t;. ~~~~r~,~~~~;'·J/ ................. ,...~,.·- -~ ..... ~·. -··. ,~ ....... --~.: ......

The County is purchasing this permanent public right-of-way easement for the purpose of erecting or improving a public roadway for the passage of .vehicular and pedestrian traffic, and the County reserves the right to make improvements on that property according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the public rightof-way easement conveyed shall be considered full compensation for that public right-of-way easement, and for any diminution in value that may result to the remaining property by virtue of proximity to the project, grade, alignment, utility installation, or the alteration of drainage patterns and facilities.






Ramdna K. Smith


h Street


BE IT REMEMBERED, that on this Pt t'-kay of , 201k._, before me, the undersigned, a notary public in andlorthe Count nd State oresaid, came Benjamin J. Smith and Ramona K. Smith, personally known to me to ·be the same persons who executed the within instrument of writing, and such persons duly acknowledged the execution of the same.

IN WITNESS WHEREOF, I have hereunto set m hand and affixed my notarial seal, the day and year last above written.

J I J Shawnee County


---q

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www .snco.us


MEMORANDUM

DATE: TO: FROM: RE:

January 20, 2016 County Commissi ne s Cynthia A. Bee ' o Clerk Request to waive lassified employee 60-day probation

Two of my employees received promotions in September, 2015, and I placed them on the classified wage scale reflecting the same step they had been on but at the new range. The Personnel Rules and Regulations require a 60-day probationary wait before the newly promoted employee moves to the new step.

I did not intentionally circumvent this policy, this was simply an oversight on my part and the only way to fix it is to request the Commission allow this provision of the Personnel Rules and Regulations be waived in this circumstance.

Your consideration and approval of this request will be greatly appreciated.

c: Betty Greiner, Administrative Services Jim Crowl, Human Resources

Shawnee County


\V 3



Memorandum

Date:

To:

From:

RE:

January 15, 2016

Board of County Co~issioners

Cynthia A. Bec~wnee County Clerk

Renewal of Goodyear Addition IV Tax Exemption for 2016

Pursuant to Resolution 2008-75, Goodyear Tire and Rubber Company was granted a tax exemption-incentive for economic development in an amount of 1 00% for Goodyear's Addition IV Equipment which would create jobs and maintain current jobs. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Goodyear's eligibility annually.

Goodyear is representing to the Board of County Commissioners that they meet the eligibility requirements for 2016 due to the addition and they would like for the Board to consider approval of 100% for the personal property for year ten (10). Board Order 2008-3600EDX for the Goodyear Addition IV and is for years 2007 through 2016.

CAB/ddm/bjf

Attachments

GoodyearaddiV renewalmemobcc.doc/ecodevo/Goodyear/db

January 4, 2016

Ms. Cynthia A. Beck Shawnee County Clerk 200 SE 7th Street, Room 1 07 Topeka, KS 66603

P. 0. BOX 1069 TOPEKA, KANSAS 66601

Re: The Goodyear Tire & Rubber Company 2016EDXN

Dear Ms. Beck:

SHAWNEE COUNTY CLERK

This letter represents Goodyear's request that the tax exemption granted pursuant to Shawnee County Resolution No. 2008-75 (EDX N) be renewed for 2016. A check in the amount of $100 for the renewal fee is enclosed.

With respect to EDX N, 64 positions were added to accommodate the operation of equipment which was the subject of EDX IV. Although Shawnee County Resolution No. 2008-75 does not make the continued existence of these 64 positions a condition for renewal of the exemption, we can confirm that the equipment which is the subject ofEDX N still requires 64 positions to operate. ~To the best of our knowledge, there have been no changes in the manning levels associated with equipment which yVas the subject of EDX N. To the best of our knowledge and belief, we are also in compliance with all other conditions contained in Shawnee County Resolution No. 2008-75 (Board Order 2008-3600 EDX).

We hope that this letter provides the necessary information for Shawnee County to act favorably on our request for renewal ofEDX IV. If there is any additional information that is necessary in order for the County to act favorably on the renewal request, please contact me and we will provide whatever is necessary. As always, we appreciate the cooperation we have received from Shawnee County, and we will be pleased to answer any questions that you may have regarding these issues.

Sincerely,

~~~RCOMPANY TOPEKA PLANT

cc: S. Lucky DeFries Richard V. Eckert, Shawnee County Counselor Mark Hixon, Shawnee County Appraiser

--·-·-------------------------------------

GOOD)fYEAR 200 Innovation Way, Dept 617 Akron, OH 44316-000.1

PAY: ONE HUNDRED AND 00/100

To THE SHAWNEE COUNTY CLERK ORDER

OF

JPMorgan Chase Bank, N.A.

Columbus, OH 43271 , ._. • ' I I ~~ • • . :a :: , t1. • ' !.. • • ' = e-4.

2890340 DATE: 01-07~2016 56-1544/ 44~

VOID AFTER 6 MONTHS

THE GOODYEAR TIRE & RUBBER COMPANY

ACCOUNTS PAYABLE ACCOUNT# 634866875

:1::1:::::1 ' • '

Shawnee County



Memorandum

Date:

To:

From:

RE:

January 15, 2016

Board of County"~~issioners

Cynthia A Bec~~ee County Clerk

Renewal of Hill's Pet Nutrition Tax Exemption for 2016


Pursuant to Resolution 2008-86, Hill's Pet Nutrition was granted a tax exemption-incentive for economic development in an amount of 1 00% for construction of the feline animal colony and personal property. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Hill's eligibility annually.

Hill's Pet Nutrition is representing to the Board of County Commissioners that they meet the eligibility requirements of Resolution 2008-86 Sec. 7 for 2016 and they would like for the Board to consider approval of 100% exemption for year ten (10). COTA Order 2008-7491 EDX for years 2007 through 2016.

CAB/ddm/clh

Attachments

Hill's feline renewal memobcc.doc/ecodevo/db

.. '~P Hill's Pet Nutrition, Inc., and Subsidiaries •• P. 0. Box 148

H.•t .. I .. J's· ' Topeka, Kansas 66601-0148 : (785) 354-8523

Paige Henry Tax Manager - State and Local

January 11, 2016

Cynthia Beck County Clerk, Shawnee County 200 SE ih Street Topeka, KS 66603-3933

RE: Application for Annual Renewal of Ad Valorem Exemption, Resolution No. 2008-86

Dear Ms Beck:

Hill's Pet Nutrition, Inc. requests renewal for 2016 of the Ad Valorem tax exemption-incentive authorized by Shawnee County Resolution No. 2008-86 and granted by the State of Kansas Court of Tax Appeals Docket No. 2008-7 491-EDX.

Hill's Pet Nutrition, Inc. is in compliance with the eligibility requirements for this exemptionincentive as defined in Shawnee County Resolution No. 2008-86.

Enclosed with this request is the required renewal application fee of $100.00.

If you have any questions or need additional information, please contact me at 785.368.5624 or my director, Steve Quinn at 785.368.5070.

Thank you for your assistance in presenting our renewal request to the Shawnee County Commissioners for their approval.

Sincerely,

f~ Hill's Pet Nutrition, Inc.

Enclosure:

G:\Taxsecuredata\KS- Abatements\KS PNC 2008-7491-EDX\2016 Compliance FHings\PNC EDX 2008-7491 Renewa/2016.docx

SHAWNEE COUNTY TREASURER 200 E 7TH ST SUITE 101 TOPEKA KS 66603 USA

Check no. Date Vendor number Document

Page 1

4000098059 12/16/15 100826 2001365224

DOCUMENT DATE INVOICE GROSS DISCOUNT NET 1901350697 12/02/15 2016-CAT EDX FEE 2016 Filing Cat Fee on ED

Totals:USD 100.00

100.00

0.00

0.00 100.00

100.00 Hill's Pet Nutrition, Inc. P.O. Box 148 Topeka, Kansas 66601-0148 877-627-3289

~n , m..:ii'-o~r..."'-~~ , 1 1 Company Watermark Appears In Amount Wmdo

CITIBANK N.A. NEW CASTLE DELAWARE 19720 CHECK NO 4000098059

DATE 1.2/16/15

~:c•Niz!Jzlol!! PAY TO THE SHAWNEE COlJN'I'Y TREASURER. ORDER OF 200 E 7TH ST SUITE 101

TOPEKA KS 6 6 6 03 USA

-=' \l ...5 Shawnee County

Office of County Clerk

785-233-8200, Ext 4155 Fax 785-291-4912

CYNTHIA A. BECK

Website: http://www.snco.us 200 SE 7th Street - Room 107 Topeka, Kansas 66603-3963

Memorandum

Date: January 15, 2016

To: Board of County t~missioners

From: Cynthia A Bec~wnee County Clerk

RE: Renewal of Hill's Pet Nutrition Tax Exemption for 2016

Pursuant to Resolution 2011-134, Hill's Pet Nutrition was granted a tax exemption-incentive for economic development in an amount of 100% for construction of the canine animal colony and personal . .property. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Hill's eligibility annually.

Hill's Pet Nutrition is representing to the Board of County Commissioners that they meet the eligibility requirements of Resolution 2011-134 Sec. 6 for 2016 and they would like for the Board to consider approval of 100% exemption for year five (5). COTA Order 2011-7932EDX for years 2012 through 2021.

CAB/ddm/bjf

Attachments

Hill's canine renewal memobcc.doc/ecodevo/db

:R Hilts

Paige Henry

Hill's Pet Nutrition, Inc., and Subsidiaries P. 0. Box 148 Topeka, Kansas 66601-0148 (785) 354-8523

Tax Manager -State and Local

January 11, 2016

Cynthia Beck County Clerk, Shawnee County 200 SE ih Street Topeka, KS 66603-3933

RE: Application for Annual Renewal of Ad Valorem Exemption, Resolution No. 2011-134

Dear Ms Beck:

Hill's Pet Nutrition, Inc. requests renewal for 2016 of the Ad Valorem tax exemption-incentive authorized by Shawnee County Resolution No. 2011-134 and granted by the State of Kansas Court of Tax Appeals Docket No. 2011-7932-EDX.

Hill's Pet Nutrition, Inc. has maintained the required forty five (45) positions as required by the Shawnee County Resolution No. 2011-134. We, there state, are in compliance with the eligibility requirements for this exemption-incentive as defined in Shawnee County Resolution No. 2011-134.

Enclosed with this request is the required renewal application fee of $100.00.

If you have any questions or need additional information, please contact me at 785.368.5624 or my Director, Steve Quinn, at 785.368.5070.

Thank you for your assistance in presenting our renewal request to the Shawnee County Commissioners for their approval.

Paige Henry, Hill's Pet Nutrition, Inc.

Enclosure:

G:\Taxsecuredata\KS- Abatements\KS PNC 2011-7932-EDX\2016 Compliance Fi/ings\PNC EDX 2011-7932 Renewal 2016.doc

SHAWNEE COUNTY TREASURER 200 E 7TH ST SUITE 101 TOPEKA KS 66603 USA

Check no. Date Vendor number Document

Page 1

4000098060 12/16/15 100826 2001365225

DOCUMENT DATE INVOICE GROSS DISCOUNT NET 1901350698 12/02/15 2016-DOG EDX FEE 2016 Filing Dog Fee on ED

Totals:USD 100.00 Hill's Pet Nutrition, Inc. P.O. Box 148

This check is. printed in ·black •. blue and red ink on whfie recycled: safety•. paper:

Hill's Pet Nutritiolij .Inc. P~O. Box 148

100.00 0.00 100.00

0.00 100.00 Topeka, Kansas 66601-0148 877-627-3289

CITIBANK N.A. NEW CASTLE DELAWARE 19720 CHECK NO 400009.80.6.0

~ 311

Topeka, Kansas 66601-0148 877- 6 2 7- 32 89 DATE

12/16/15 AMOUNT

PAY TO THE ORDER OF

. . ~PA~ ~ONt~ff.S

SHAWNEE COUNTY TREASURER. 200E 7THST BUTTE 101 TOPEKA KS 66603 USA

********100.00

., \V:

(p Shawnee County



200 SE 7th Street - Room 1 07 Topeka, Kansas 66603-3963'.

Memorandum


To:

From:

RE:

Board of Coun~ 0~o~missioners Cynthia A. Bec'\)fawnee County Clerk

Renewal of Mars Chocolate North America, LLC Tax Exemption for year 2016

Pursuant to Resolution 2015-28, Mars Chocolate North America, LLC was granted a tax exemption-incentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Mars·Chocolate North America, LLC eligibility annually.

Mars Chocolate North America, LLC is representing to the Board of County Commissioners that at least 175 full time positions have been maintained. Resolution 2015-28 Sec. 6a states there is to be at least 175 maintained positions.

Mars Chocolate North America, LLC would like for the Board to consider approval of 100% exemption for year two (2). BOTA Order 2015-4643 EDX for Mars Chocolate North America, LLC is for years 2015 through 2024.

CAB/ddm/clh

Attachments

Mars renewal memo.doc/ecodevos/db

Cynthia A. Beck Shawnee County Clerk 200 SE 7th St., Room 107 Topeka, KS 66603

December 23, 2015

Re: Mars Chocolate North America, LLC EDX Renewal Application

Dear Ms. Beck:

Please treat this letter as Mars Chocolate North America, LLC's (hereinafter "Mars") request that the tax exemption granted pursuant to Shawnee County Resolution No. 2015-28, dated April 2, 2015, be renewed for 2016. A check in the amount of $100.00 for the renewal fee is included with this letter.

Paragraph 6, subsections a~e of Shawnee County Resolution No. 2015-28 provide that renewal is conditioned upon Mars' continued compliance with the conditions contained therein. We can confirm at this time that Mars hired and continues to maintain at least 175 full-time or equivalent positions to accommodate the operation of its facilities. Furthermore, to the best of our knowledge and belief, we are in compliance with subsections b-e of Paragraph 6 contained within the above-referenced resolution.

We hope that this letter provides the necessary information for Shawnee County to act favorably on our request for renewal of the subject exemption. If there is any additional information that is necessary in order for the County to act favorably on the renewal request, please contact me and we will provide whatever is

Cynthia A. Beck December 23, 2015 Page 2

necessary. As always, we appreciate the cooperation we have received from Shawnee County and we will be pleased to answer any questions you may have regarding these issues.

Sincerely,

cc: s. Lucky DeFries Richard V. Eckert, Shawnee County Counselor Steve Bauman, Shawnee County Appraiser

AMERICA, LLC

NOTHERN OCIATION

534 S. KANSAS AVE. SUITE 925 TOPEKA. KANSAS 66603-3407

37589

1/12/2016

$ **100.00

One Hundred and 00/1.00***************************************************************************************************; DOLLARS

SHAWNEE COUNTY CLERK

MEMO

COFFMAN, DE FRIES & NOTHERN

SHAWNEE COUNTY CLERK 1/12/2016 37589 EDX Renewal 100.00

Core First Checking EDX Renewal 100.00

COFFMAN, DE FRIES & NOTHERN

SHAWNEE COUNTY CLERK 1/12/2016 37589 EDX Renewal 100.00

Core First Checking EDX Renewal 100.00

KALOS INC[L80971 MBG] 5684265

· ..

RECEIVED

JUL 1 ·- 2015

BOARD OF TAX APPEALS

HAN[) OEUVERED

.:·::::,··· BEFORE THE BOARD ·oF TAX APPEALS OF THE STATE OF .KJINSAS

-,~-;·.~:-;~>.:~~- -i'

. : ~~i'~ ~~~:~::. T:R~~=i~~ LLC • ' 1 ;:~,EXEMPTION FROM AD VALOREM- .TAXJtTION

<!•;~~:~~~:::~~~:=~~I~ (EDX)) Docket No. Z015-~~~~DX

.. · ; :. .' :fJ'"·~,;: .· -AGREED ORDER ··,_.-:·:

· .. · The above-captioned mqtter comes on for consideration and decision by the

·->,~~·~rd of Tax Appeals of the State of Kansas (hereinafter the "Board") . After

_:;:#.onsideration of the ·evidence and premises of the parties, the Board finds and

·conciudes as follows:

1.. The parties to this Ir.atter are t1ARS CHOCOLATE NORTH AMERICA, LLC

(hereinafter "Mars") and SHAWNtE COUNTY, KANSAS (hereinafter "Shawnee County"),

2. The Board has jurisdiction of the subject matter and of the parties,

a tax exemption application having been timely filed pursuant to K.S.A. 7S-213

and Article Eleven, Section Thirteen of the Kansas Constitution.

3. Mars is in the business of manufacturing confectionery products at

the subject facility in Shawnee County.

4. Mars has constructed a new manufacturing facility in Shawnee County.

Construction commenced as of September 19, 2011, and the facility became

. operational on or about January 15, 2014.

- 1 -

{

5. The subject improvements ~rill be used exclusively in connection with

the manufact~ring of confectionery products.

6. In 2002, Shawnee County adopted policies and procedures for

determining if an economic development exemption should be granted that contained

a provision to ensure compliance by the applicant lritb the conditions imposed by

the local governing body. A cost-benefit analysis dated December 3, 2014, was

obtained by Mars to determine the financial impact of granting the tax exemption

including the effect on state revenues.

Sha~mee County conducted a public hearing on April 2, 2015 after publishing

notice of the hearing in The Topeka Metro Nervs, the official county newspaper,

at least seven days prior and notifying Unified School District No. 437, Vlashburn

U~~versity, the City of Topeka, the Topeka-Shawnee County Public Library and the

Metropolitan Topeka Airport Authority. Shawnee County adopted Resolution No.

2015-28 on April 2, 2015, which exempted the subject property from ad valorem

taxation and made the factual determination that the subject property will be

used exclusively for exempt purposes,

The applicant is a new business exempted from ad valorem taxation by

Shawnee County. The applicant is using the subject property exclusively for

manufacturing items of commerce and the nevi business resulted in the creation of

175 new positions as of the commencement of operations. The applicant satisfies

the conditions enumerated in Kan. Canst. art. XI, § 13 and K.S.A. 2014 Supp. 79-

251, and exemption from ad valorem taxation should be granted from January 1,

2015, through December 31, 2024,

- 2 -

7, The parties believe that Article Eleven, Section Thirteen of the

Kansas Constitution authorizes this exemption with respect to the subject real

property and that K.S.A. 79-213 authorizes a construction period exemption for

up to twenty-four (24) months.

8. The applicant is required to file its annual claim for exemption witb

the county appraiser prior to March 1, as provided in K.S.A. 2014 Supp. 79-210.

The annual claim shall be accompanied by a "written statement, signed by the

clerk of the city or county granting the exemption, that the property continues

to meet all the terms and conditions established as a condition of granting the

exemption." Id.

9. No refund shall be sought with respect to 2012 taxes already paid.

WHEREFORE, the parties having agreed to the foregoing, the Board finds that

the subject property (as is more fully described in the exemption application)

of the Taxpayer is exempt f:;:-om taxation pursuant to Article E.leven, Section

Thirteen of the Kansas Constitution and K. S .A. 79-213. The ten ( 10) year

abatement shall commence as of January 1, 2015 1 and continue for a period of.ten

(10) years through 2024. Pursuant to K, S .A. 79-213 1 the construction period

exemption shall cover the twenty-four (24) month period beginning as of

January 15, 2012, and continuing through the commencement of operations on or

about January 15 1 2014.

IT IS SO ORDERED.

BOARD OF TAX APPEALS:

RONALD C. MASON, Member

- 3 -

PREPARED AND AGREED TO BY~

(;OFFM.l:\.N, P.A.

534 S. Kansas Avenue, Suite 925 Topeka, KS 66603-3407 Phone: (785) 234-3461 Fax: (785) 234-3363 Email: LDeE'ries@CDNLaw. com Attorneys for Taxpayer

AGREED TO BY:

SHAWNEE COUNTY,

Counselor

Topeka, KS 66603 Attorney for Shawnee County, Kansas

- 4 -

Docket No. 2015-4643-EDX Shawnee County, Kansas Page 5

CERTIFICATE OF SERVICE

I, Joelene R. Allen, Secretary of the Board of Tax Appeals of the State of Kansas, do hereby certify that a true and correct copy of this order in Docket No. 2015-4643-EDX and any attachments thereto, was placed in the United States Mail, on this R ili day of 9' '.tj , 20_15., addressed to:

Silvia L Dougherty, Business Unit Tax Manager Mars Chocolate North America LLC 100 International Dr Mount Olive, NJ 07828

S Lucky DeFries, Attorney Coffman DeFries and Nothern 534 S Kansas Ave Ste 925 Topeka, KS 66603-3407

James Crowl, Asst County Counselor Shawnee County Courthouse 200 SE 7th St. Room 100 Topeka, KS 66603-3971

Cynthia A Beck, County Clerk Shawnee County Courthouse 200 SE 7th St Ste 107 Topeka, KS 66603-3971

Steve Bauman, County Appraiser Shawnee County Annex 1515 J\TW Saline St Ste 100 Topeka, KS 66618-2838

Larry Mah, County Treasurer Shawnee County Courthouse 200 SE 7th Room 101 Topeka, KS 66603-3932

and a copy was placed in the capitol complex building mail addressed to:

Kansas Department of Commerce Attn: Ed Serrano 1000 SW Jackson, Suite 100 Topeka, KS 66612-1354

Property Valuation Division Attn: Vicki Lignitz DSOB, 915 SW Harrison, 4th Floor Topeka, KS 66612

IN TESTIMOJ\TY ·wHEREOF, I have hereunto subscribed my name at Topeka, Kansas.

J~iene R. Allen, Secretary //

. RESOLUTION NO. 2015-d_Z

A RESOLUTION EXEMPTING CERTAIN PROPERTY OWNED BY MARs CHOCOLATE NORTH AMERICA, LLC FROMAD V ALOREMTAXATION FOR ECONOMIC DEVELOPMENT PURPOSES,

PuRsUANT To SHAWNEE COUNTY HOME RULE RESOLUTION No. HR-2002-9

SPONSORED BY COMMISSIONER COOK

WHEREAS, The Board of County Commissioners of the County of Shawnee, Kansas

adopted a Statement of Policy and Procedure for Tax Exemptions and Incentives for

Economic Development by Shawnee County Home Rule Resolution No. HR-2002-9; and


has determined that the application by Mars Chocolate North America, LLC (hereinafter,

"Mars") for exemption from ad valorem property taxation pursuant to Article 11, Section 13

of the Kansas Constitution and Shawnee County Home Rule Resolution No. HR-2002-9

should be considered favorably;

NOW, THEREFORE, The Board of County Commissioners of the County of

Shawnee, Kansas, meeting in regular session this 2nd day of April, 2015, does hereby resolve

as follows:

1. Shawnee County has the authority to grant a tax exemption for the applicant

pursuant to Article 11, Section 13 of the Kansas Constitution.

2. Pursuant to K..S.A. 79-251, Shawnee County has adopted a Statement of Policy

and Procedure for Tax Exemptions and Incentives for Economic Development by Shawnee

County Home Rule Resolution No. HR-2002-9.

3. The applicant, Mars,.requests exemption from ad valorem taxation pursuant to

Article 11, Section 13 of the Kansas Constitution. The section states, in part, the board of

county commissioners of any county may, by resolution, exempt from all ad valorem taxation

all or any portion of the appraised valuation of (1) all buildings, together with the land upon

which such buildings are located, and all eligible tangible personal property associated

therewith used exclusively for the purpose of: (a) Manufacturing articles of commerce; (b)

conducting research and development; or (c) storing goods or commodities which are sold or

traded in interstate commerce.

4. ~ The subject matter for the tax exemption application consists of certain real

estate and the improvements located therein. Please see Exhibit "A" for a description of the

exempt property that is attached hereto and incorporated by reference herein.

5. Mars' base year for the tax exemption period is 2014. Pursuant to Article 11,

Section 13(b) of the Kansas Constitution, the tax exemption-incentive granted herein shall be

in effect for not more than ten (10) calendar years. Since Mars completed the construction of

the property in 2014, its tax exemption-incentive granted herein shall be in effect from the

years 2015 through 2024.

6. Pursuant to Shawnee County Home Rule Resolution No. HR-2002-9, the

County hereby grants Mars a tax exemption-incentive for improvements to real estate as

described in paragraphs 4 and 5. For each year Shawnee County grants Mars a tax

exemption-incentive, the exemption-incentive shall be in the amount of one hundred percent

( 1 00%) tax abatement on the real estate and improvements located therein and listed in

Exlnbit "A" provided Mars meets all of the following eligibility requirements:

a) The Corporation shall retain and/or create, and maintain at least one hundred seventy five (175) full time or equivalent positions to accommodate the operation of said facilities (hereinafter the ''relevant" positions);

2

b) Continuation of original ownership (the exemption-incentive is transferable only upon approval by The Board of County Commissioners of the County of Shawnee, Kansas);

c) Payment of all taxes in a timely manner with no delinquencies;

d) Provide Shawnee County such documentation as the County deems necessary to determine any exemption-incentive application and amount of exemption-incentive; and

e) Pursuant to K..S.A. 79-213 and amendments thereto, file a request for exemption with the Kansas State Court of Tax Appeals and receive the Court ofTax Appeals' Order granting the approval of the exemption.

7. Pursuant to Section 21 of Shawnee County Home Rule Resolution No. HR.-

2002-9, the exemption shall be subject to annual renewal. Mars shall submit to Shawnee

County a written request for renewal of the tax exemption-incentive on an annual basis along

with an annual renewal fee of One Hundred and No/100 Dollars ($100.00) by January 15th of

each year. Mars shall submit to the County such information as the County deems necessary

to assure the continued qualification of said business. The County will review and make a

determination on the request by February 1st of each year. A claim of exemption-incentive

must be filed with the Shawnee County Appraiser by March 1st of each year.

8. During the annual renewal process Shawnee County shall determine whether

Mars remains eligible in successive years for the tax exemption granted herein. Mars shall be

entitled to the tax exemption granted herein in each successive year as long as all eligibility

conditions established in paragraph 6 have been met. F allure to meet the eligibility

requirements stated in paragraphs 6 in any one (1) year shall result in no exemption-incentive

being granted for the next renewal year. However, this would not jeopardize eligibility for the

remaining years if the eligibility requirement is subsequently met by Mars.

3

9. If, during the annual renewal process, Shawnee County determines that any of

the eligibility requirements stated in paragraph 6 have not been met, Mars shall have the

opportunity to present information to Shawnee County regarding (i) casualty, fire, natural

disaster, strike related or disturbances or other similar events or conditions beyond the

reasonable control of Mars, or (ii) abnormal business downturns or losses of customers.

Shawnee County shall have the sole discretion to determine whether any such events or

conditions have occurred and shall relieve Mars from meeting any applicable eligibility

requirement for that renewal year.

10. Pursuant to K.S.A. 79-251(a), Shawnee County has developed and adopted

official policies and procedures for the granting of tax exemptions, known as Shawnee

County Home Rule Resolution No. HR-2002-9. Specifically, said Home Rule Resolution No.

HR-2002-9, Section 20, requires the following:

a) Preparation of an analysis of the costs and benefits of each exemption, including the effect of the exemption on state revenues, prior to the granting of such exemption; and

b) Procedure for monitoring the compliance of a ·business receiving an exemption with any terms or conditions established by the governing body for the granting of the exemption. (Please see Home Rule Resolution No. HR-2002-9, that requires The Board of County Commissioners of the County of Shawnee, Kansas annually review Mars' tax exemption-incentive.)

11. Pursuant to K.S.A. 79-251(b), The Board of County Commissioners of the

County of Shawnee, Kansas held a public hearing on Apri12, 2015 on the issue of Mars' tax

exemption for real estate and the improvements located therein. Notice of the public hearing

was published at least once seven (7) days prior to the hearing in The Topeka Metro News

newspaper, and indicated the purpose, time, and place thereof. The Shawnee County Clerk

4

did notify in writing affected taxing jurisdictions within which the property proposed for

exemption is located: Unified School District No. 437 and City of Topeka.

of fact:

12. Pursuant to K..S.A. 79-251(c), Shawnee County adopts the following findings

a) The property listed above will be used exclusively for the purposes specified in Article 11, Section 13 of the Kansas Constitution;

b) The business is not relocating from one county to another within this state; and

c) The exemption-incentive shall be in the amount of one hundred percent (100%) tax abatement of the real estate improvements listed in Exhibit "A" as long as Mars continues to meet the requirements of this resolution.

13. This resolution shall take effect upon its publication in the official County

newspaper.

BOARD OF COUNTYCOMMISSIONERS SHAWNEE COUNTY, KANSAS

~~

APPROVED AS TO FORM AND LEG ITY BY THE SHAWNEE COUNTY COUNS 'S OFFICE

DATE :J-J()-(5 BY

5

Shawnee County



Memorandum


To: Board o~o~, Commissioners

From: Cynthi~eck Shawnee County Clerk

RE: Renewal of Allen Foods I Bimbo Bakeries USA for 2016


Pursuantto Resolution,20t1-1.32, Bimbo Bakeries USA, Inc., was granted a tax exemption incentive for economic development for 58 new jobs created and maintained. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Bimbo Bakeries USA, Inc., eligibility annually.

Resolution 2011-'132 Sec. 6a states there is to be 58 full time positions created and maintained. Bimbo Bakeries USA, Inc., is representing to the Board of County Commissioners that at least 58 full time positions have been maintained.

Bimbo Bakeries USA, Inc., would like for the Board to consider approval of 100% exemption for year five (5). COTA Order 2011-7931EDX for Bimbo Bakeries USA, Inc., is for years 2012 through 2021.

Resolution No. 2014-5 approved the transfer of the exemption from Allen Foods, Inc. to Bimbo Bakeries USA, Inc. All other provisions of Resolution No. 2011-132 shall remain in effect.

CAB/ddm/clh

Attachments

Allen foods renewal memo/ecodevos/db

BIMBO BAKERIES USA

December 17, 2015

Cynthia A. Beck

Shawnee County Clerk

200 SE 7th Street, Room 107

Topeka, KS 66603

RE: EDX

Bimbo Bakeries USA, Inc.

2016 Renewal

Dear Ms. Beck,

4801 Cox Road, Suite 101 Glen Allen, VA 23060-6803

This letter represents Bimbo Bakeries USA, Inc.'s request that the tax exemption granted pursuant to

Shawnee County Resolution No. 2011-132 dated August 15, 2011, and Shawnee County Resolution No.

2014-5 dated January 13, 2014, be renewed for 2016. A check in the amount of $100.00 for the renew

al fee is enclosed.

Paragraph 6A of Shawnee County Resolution No. 2011-132 provides that renewal is conditional upon

the requirement that the addition of the new facility will create and maintain 58 positions. We can

confirm at this time that we have maintained at least 58 positions. Furthermore, to the best of our

knowledge and belief, we are in compliance with all other conditions contained in Shawnee County

Resolution No. 2011-132 and Shawnee County Resolution No. 2014-5.

We hope that this letter provides the necessary information for Shawnee County to act favorable on our

request for renewal of the exemption. If there is any additional information that is necessary in order

for the County to act favorably on the renewal request, please contact me and we will provide whatever

is necessary. As always, we appreciate the cooperation we have received from Shawnee County, and we

will be pleased to answer any question that you may have regarding these issues.

Very truly yours,

Richard M. Lee, Jr.

Vice President Tax

Bimbo Bakeries USA, Inc.

cc: S. Lucky DeFries

Richard V. Eckert, Shawnee County Counselor

Steve Bauman, Shawnee County Appraiser

BIMBO BAKERIES USA, INC. 7301 SOUTH FREEWAY FORT WORTH, TX 76134

00004 BBUGAL2 SHAWNEE COUNTY CLERCK 200 SE 7TH STREET ROOM 107 .TOPEKA, KS 666 0 3

Date: 14-DEC-15 Vendor No. 51401 Invoice No. Invoice Date Description

SJoiiTCH TO El ECTRONIC PAYMI NTS TODAY. CALL VENDOR BBUSA2016 10-DEC-15

.

.

.

Please detach and reta1n this statement as your Record of payment

BBUAP3 0~/2011

No. 7646857 Vendor Name SHAHNEE COUNTY CLERC

Discount Amount Net Amount SUPPORT AT 866-506-6807 o.oo 100.00

tnanK YOU. 0.00 100.00

.::::-:::::.;.:::::::-:··::::::

.... :···············[ ....... · .• : Bl~·~b BA~~-~~su$A,, .. INC . 7301 SOUTH FREEWAY

FORT WORJH, TX 76134.

r: 7i~6857 i •.••••.• i;ilMBdBAKERI~IJSA' ... . ..

•PAY · One .!;tunttred Doll~r~ !\net oo. centSJEB3BBB88EJEBHJEaEE~IBBUfD

:6:.~~~ ... · ~~~EE coJNT~ b~:~~~ ····•· ·•····· ··i ~]ida~J~~Jys .QRDER OF 200 SE 7TH STREET Bimbo BakeriesbJS~.

ROOM to·?. i TOP;EKA,~S

·• . Ciiibank, N.A.

·one Penn's Way

~~··f:asti••,.PI' 19~9 ••.•... :······

·····,~~r····

Shawnee County




Memorandum


To: Board of County Commissioners

From: Cynthia A. Beck, Shawnee County Clerk

RE: Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Tax Exemption

for year 2016

Pursuant to Resolution 2009-6, Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) was granted a tax exemption-incentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Big Heart Pet Brands eligibility annually.

Big .Heart Pet Brands is representing to the Board of County Commissioners that 69 full time positions have been maintained. Resolution 2009-6 Sec. 6a states there is to be 75 maintained positions, sec. 8 allows for the percentage to be adjusted. 69/75 equals 92%

Big Heart Pet Brands would like for the Board to consider approval of 92% exemption for the 69 maintained jobs for year eight (8). COTA Order 2009-1415 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) is for years 2009 through 2018.

CAB/ddrnlbjf

Attachments

Del monte renewalmemo.doc/ecodevos/db

'. , , BIGO HEART PET BRANDSTM

2200 NW Brickyard Road Topeka, KS 66618 P. 785.338.5800

www.bigheartpet.com

To: Shawnee County

From: James Green, Topeka Factory Controller

RE: Tax Exemption Renewal

January 12, 2016

Big Heart Pet Brands Topeka Kansas is in compliance with the following orders and resolutions:

COTA Order 2009-1415 with Resolution 2009-6 (69 Maintained Jobs) COTA Order 2011-7912 with Resolution 2011-133 (50 Maintained Jobs) BOTA Order 2014- 5295 with Resolution 2014-30 (10 New positions)

Regards,

Ja~een Topeka Factory Controller Phone(785)338-5749 Fax (785) 338-5853

WESTERN UNION FINANCIAL SERVICES INC. - ISSUER - Englewood. Colorado

(ISSUING AGENTS)

A 507267 D 01i816 T V''"' ii7 17,j28is2o7os L oooos4

PAY EXACTLY TWO HUNDRED DOLLARS AND N.O CENTS I~

~1J~ J~E 7 Wawrr-ee Guw-r'V {/-e ~ 1\

~02? f..Jc d \ 1 S ~ c.J dl JS 3 1--lq_,~

N.A., Grand Junction, Colorado

17-328152070

fl= Shawnee County 1


785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www .snco. us


Memorandum


To:

From:

RE:

Board of Coun~~~Vissioners

Cynthia A Bec~~wnee County Clerk

Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Expansion Tax

Exemption for year 2016

Pursuant to Resolution2011-133, Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) was granted a tax exemption-incentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Big Heart Pet Brands eligibility annually.

Big Heart Pet Brands is representing to the Board of County Commissioners that 50 full time positions have been maintained. Resolution 2011-133 Sec. 6a states there is to be 50 maintained positions.

Big Heart Pet Brands would like for the Board to consider approval of 1 00% exemption for the 50 maintained jobs for year five (5). COTA Order 2011-7912 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) Expansion is for years 2012 through 2021.

CAB/ddm/bjf

Attachments

Del monte renewalmemo.doc/ecodevos/db

'' , #

BIGO HEART PET BRANDSTM


www.bigheartpet.com

To: Shawnee County



January 12, 2016


COTA Order 2009-1415 with Resolution 2009-6 (69 Maintained Jobs) COTA Order 2011-7912 with Resolution 2011-133 (50 Maintained Jobs) BOTA Order 2014-5295 with Resolution 2014-30 (10 New positions)

Regards,

Ja~een Topeka Factory Controller Phone(785)338-5749 Fax (785) 338-5853

liltM1:1*'r1/IJ mom, rnon.v 1M,..,....

(ISSUING AGENTS)

WESTERN UNION FINANCIAL SERVICES INC. -ISSUER- Englewood. Colorado MONEY

~ 5Q!340)1 0113i6 i LU8 O.j i73280547034 L 000054

OR.DER"

17-328054703

Shawnee County


785-233-8200, Ext 4 155 Fax 785-291-4912 Website: http://www.snco.us


Memorandum


To:

From:

RE:

Board of County Co~issioners

Cynthia A. Bec~wnee County Clerk

Renewal of Big Heart Pet Brands (Formerly Del Monte Foods Inc.) Tax Exemption

for year 2016

Pursuant to Resolution 2014-30, Big Heart Pet Brands was granted a tax exemptionincentive for economic development for new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Big Heart Pet Brands eligibility annually.

Big Heart Pet Brands is representing to the Board of County Commissioners that 10 new full time positions have been maintained. Resolution 2014-30 Sec. 6a states there is to be 33 maintained positions (10 new and 23 existing jobs).

Big Heart Pet Brands would like for the Board to consider approval of 100% exemption for year two (2). BOTA Order 2014-5295 EDX for Big Heart Pet Brands (F.K.A. Del Monte Foods Inc.) is for years 2015 through 2024.

CAB/ddm/clh

Attachments

Del monte renewalmemo3.doc/ecodevos/db

'' , #

BIGO HEART PET BRANDSTM


www.bigheartpet.com

To: Shawnee County



January 12, 2016


COTA Order 2009-1415 with Resolution 2009-6 (69 Maintained Jobs) COTA Order 2011-7912 with Resolution 2011-133 (50 Maintained Jobs) BOTA Order 2014-5295 with Resolution 2014-30 (10 New positions)

Regards}

Ja~eec Topeka Factory Controller Phone (785) 338-5749 Fax (785)338-5853

WESTERN UNION FINANCIAL SERVICES INC. ·ISSUER· Englewood. Colorado MONEY Payable at-Walls Fargo Bank Grand Junclion • Downtown, NA. Grand Junction, Colorado ,O··R.'D-·1·1['

~c #54 17-328152070 ~ ~ -..lA 507267 D Oii816

o,.J,.a...t. T1 .., __ ~-7s'·~. 1:'9.,_7".'"', ,n,g $ "'1.~\A {l.r.. ~r:!t .. ...,~ .J~v. " L 000054 .::. vv • .;v

(ISSUING AGENTS)

Co7?f/8t1TA- t~&/~~ PAY ENT FOR/ACCT. It

PAY EXACTLY TWO HUNDRED DOLLARS AND NO CEJ"'TS

~~1J~ 6~e 7 bawrl~e Guw-t"V (/e€ K

BEFORE THE BOARD OF TAX APPEALS STATE OF KANSAS

IN THE MATTER OF THE APPLICATION OF BIG HEART PET BRANDS FOR EXEMPTION FROM AD VALOREM TAXATION IN SHAWNEE COUNTY, KANSAS

ORDER

Docket No. 2014-5295-EDX

Now the above-captioned matter comes on for consideration by the Board of Tax Appeals of the State of Kansas.

The Board finds and concludes as follows:

The Board has jurisdiction of the subject matter and the parties, as an application for exemption has been filed pursuant to K.S.A. 2013 Supp. 79-213. The matter was fully submitted to the Board on July 15, 2014. The subject matter of this tax exemption application is described as follows:

Real estate and improvements- the expansion of the existing manufacturing plant and the construction of a new 8,000 square foot development facility - all located at 2200 NW Brickyard Rd., Topeka, Kansas, also known as Parcel ID# 089-096-23-0-20-01-001.00-0 and various Personal Property all listed in Attachment "A".

The applicant requests exemption from ad valorem taxation pursuant to Kan. Const. art. XI, § 13. The applicant, an existingbusiness located in Topeka, Kansas, is a manufacturer of pet foods and pet treats including Meow Mix, Kibbles and Bits, and Milk Bone. The applicant uses the subject property for manufacturing and product development. The applicant completed its expansion on April 30, 2014 and ten (10) new positions have been created as a result.

In 2002, Shawnee County, Kansas adopted policies and procedures for determining if an economic development exemption should be granted that contained a provision to ensure compliance by the applicant with the conditions imposed by the local governing body. On February 20, 2014, a cost-benefit analysis of the applicant's operations was compiled to determine the financial impact of granting the tax exemption including the effect on state revenues.


On May 5, 2014, and after publishing notice of the hearing in The Topeka Metro News at least seven days prior and notifying Unified School District# 345 and various affected taxing jurisdictions, Shawnee County, Kansas conducted a public hearing on this exemption. The County passed Resolution No. 2014-30, which exempted the subject property from ad valorem taxation and made the factual determination that the subject property will be used exclusively for exempt purposes.

The applicant is an existing business exempted from ad valorem taxation by Shawnee County, Kansas. The applicant is using the subject property exclusively for manufacturing and the expansion has resulted in or will result in the creation of ten (10) new positions. The applicant satisfies the conditions enumerated in Kan. Canst. art. XI, § 13 and K.S.A. 2013 Supp. 79-251, and exemption from ad valorem taxation should be granted from January 1, 2015 through December 31, 2021 pursuant to the provisions of Resolution No. 2014-30.

The applicant is required to file its annual claiin for exemption with the county appraiser prior to March 1, as provided in K.S.A. 2013 Supp. 79-210. The annual claim shall be accompanied by a "written statement, signed by the clerk of the city or county granting the exemption, that the property continues to meet all the terms and conditions established as a condition of granting the exemption." Id.

IT IS THEREFORE ORDERED that the application requesting an exemption from ad valorem taxation be granted from January 1, 2015 through December 31, 2024 pursuant to the provisions of Resolution No. 2014-30, so long as the property continues to be used for exempt purposes.

IT IS FURTHER ORDERED that any refund due and owing the applicant shall be made pursuant to K.S.A. 2013 Supp. 79-213(k), which limits the refund to the year immediately preceding the year in whic_h the application is filed in accordance with K.S.A. 2013 Supp. 79-213(a).

Any party who is aggrieved by this order may file a written petition for reconsideration with this Board as provided in K.S.A. 77-529, and amendments thereto. See K.SA. 74-2426(b), and amendments thereto. The written petition for reconsideration shall set forth specifically and in adequate detail the particular and specific respects in which it is alleged that the Board's order is unlawful, unreasonable, capricious, improper or unfair. Any petition for reconsideration shall be mailed to the Secretary of the Board of Tax Appeals. The written petition must be received by the Board within 15 days of the certification date of this order (allowing an additional three days for mailing pursuant to statute).


Rather than filing a petition for reconsideration, any aggrieved person has the right to appeal this order of the Board by filing a petition with the court of appeals or the district court pursuant to K.S.A. 74-2426(c)(4)(A), and amendments thereto. Any person choosing to petition for judicial review of this order must file the petition with the appropriate court within 30 days from the date of certification of this order. See K.S.A. 77-613(b) and (c) and K.S.A. 74-2426(c), and amendments thereto. Pursuant to K.S.A. 77-529(d), and amendments thereto, any party choosing to petition for judicial review of this order is hereby notified that the Secretary of the Board of Tax Appeals is to receive service of a copy of the petition for judicial review. Please note, however, that the Board would not be a party to any judicial review because the Board does not have the capacity or power to sue or he sued. See K.S.A. 74-2433(f), and amendments thereto.

If both parties are aggrieved by this order, and one party timely appeals this order to the district court (which necessitates a trial de novo pursuant to K.S.A. 74-2426(c)(4)(A)), then this order will be deemed final and will render moot any pending petition for reconsideration filed by the other party. If both parties are aggrieved by this order, one party timely appeals this order to the court of appeals (which would involve appellate review under the Kansas judicial review act), and the other party timely files a petition for reconsideration, then this order will be deemed non-final and the Board will proceed to render an order regarding reconsideration.

The address for the Secretary of the Board of Tax Appeals is Board of Tax Appeals, Eisenhower State Office Building, 700 SW Harrison St., Suite 1022, Topeka, KS 66603. A party filing any petition shall also serve a complete copy of the petition on all other parties.


IT IS SO ORDERED

J8ELENE R. ALLEN, SECRETARY

THE KANSAS BOARD OF TAX APPEALS

RoMo~.~MEMBER

--------------------------------------------

·-·

RESOLUTION NO. 2014- 30

A RESOLUTION EXEMPTING CERTAIN PROPERTY OWNED BY BIG HEART PE:T BRANDS FROM AD VALOREMT AXATION FOR ECONOMIC DEVELOPMENT PuRPOSES,

PURSUANT To SHAWNEE COUNTY HOME RULE RESOLUTION No. HR-2002-9

SPONSORED BY COMMISSIONER. ARCHER





has determined that the application by Big Heart Pet Brands (f.k.a. Del Monte Foods, Inc.) for

exemption from ad valorem property taxation pursuant to Article 11, Section 13 of the Kansas

Constitution and Shawnee County Home Rule Resolution No. HR-2002-9 should be

considered favorably;


Shawnee, Kansas, meeting in regular session this 5th day of May, 2014, does hereby resolve

as follows:



2. Pursuant to K.S.A. 79-251, Shawnee County has adopted a Statement of Policy



3. -The applicant, Big Heart Pet Brands, requests exemption from ad valorem

taxation .P~Suant to Article 11, Section 13 of the Kansas Constitution. The section states, in l

part, the board of county commissioners of any county may, by resolution, exempt from all ad

valorem taxation all or any portion of the appraised valuation of ( 1) all buildings, together

with the land upon which such buildings are located, and all eligible tangible personal

property associated therewith used exclusively for the purpose of: (a) Manufacturing articles

of commerce; (b) conducting research and development; or (c) storing goods or commodities

which are sold or traded in interstate commerce.

4. The subject matter for the tax exemption application consists of certain

improvements to real estate. Please see Addenda "A" and "B" for a description of the exempt

property that is attached hereto and incorporated by reference herein.

5. Big Heart Pet Brands' base year for the tax exemption period is 2014.

Pursuant to Article 11, Section 13(b) of the Kansas Constitution, the tax exemption-incentive

granted herein shall be in effect for not more than ten (1 0) calendar years. Since Big Heart

Pet Brands completed the construction of the property in 2014, its tax exemption-incentive

granted herein shall be in effect from the years 2015 through 2024.


County hereby grants Big Heart Pet Brands a tax exemption-incentive for improvements to

real estate as described in paragraphs 4 and 5. For each year Shawnee County grants Big

Heart Pet Brands a tax exemption-incentive, the exemption-incentive shall be in the amount

of one hundred percent (100%) tax abatement on the improvements to real estate listed in

Exhibit "A" provided Big Heart Pet Brands meets all of the following eligibility requirements:

a) The Corporation shall retain and/or create, and maintain at least thirtythree (33) full time or equivalent positions to accommodate the operation of said facilities (hereinafter the "relevant" positions);

2

b) Continuation of original oWn.ership (the exemption-incentive is transferable only upon approval by The Board of County Commissioners of the County of Shawnee, Kansas);



e) Pursuant to K. S .A. 79-213 and amendments thereto, file a request for exemption with the Kansas State Court of Tax Appeals and receive the Court ofTax Appeals' Order granting the approval of the exemption.

7. Pursuant to Section 21 of Shawnee County Home Rule Resolution No. HR-

2002-9, the exemption shall be subject to annual renewal. Big Heart Pet Brands shall submit

to Shawnee County a written request for renewal of the tax exemption-incentive on an annual

basis along with an annual renewal fee of One Hundred and No/100 Dollars ($100.00) by

January 15th of each year. Big Heart Pet Brands shall submit to the County such information

as the County deems necessary to assure the continued qualification of said business. The

County will review and make a determination on the request by February 1st of each year. A

claim of exemption-incentive must be filed with the Shawnee County Appraiser by March 1st

of each year.


Big Heart Pet Brands remains eligible in successive years for the tax exemption granted

herein. Big Heart Pet Brands shall be entitled to the tax exemption granted herein in each

successive year as long as all eligibility conditions established in paragraph 6 have been met.

Failure to meet the eligibility requirements stated in paragraphs 6b ), 6c ), or 6d) in any one (I)

year shall result in no exemption-incentive being granted for the next renewal year. However,·

3

this would not jeopardize eligibility for the remaining years if the eligibility requirement is

subsequently met by Big Heart Pet Brands. With regard to the eligibility requirement stated

in paragraph 6a ), Big Heart Pet Brands shall remain eligible for a one hundred percent (1 00%)

exemption each renewal year as long as at least the relevant thirty-three (33) positions have

been retained and/or created, and maintained in order to accommodate the operation of the

exempt facility. If, however, these thirty-three (33) positions are not maintained, then the

exemption percentage (%) shall be adjusted during the next renewal year to reflect the

percentage or proportion of actual positions at the facility during the previous year versus the

required thirty-three (33) positions. For example, if during the renewal process in January

2016, Big Heart Pet Brands discloses that it had only maintained twenty-two (22) relevant

positions during the 2015 tax year, then the exemption percentage (%) for 2016 (the

"renewal" year) would be 22/33 or 66 2/3%.


the eligibility requirements stated in paragraph 6 have not been met, Big Heart Pet Brands

shall have the opportunity to present information to Shawnee County regarding (i) casualty;

fire, natural disaster, strike related or disturbances or other similar events or conditions

beyond the reasonable control of Big Heart Pet Brands, or (ii) abnormal business downturns

or losses of customers. Shawnee County shall have the sole discretion to determine whether

any such events or conditions have occurred and shall relieve Big Heart Pet Brands from

meeting any applicable eligibility requirement for that renewal year.



4


HR.-2002-9, Section 20, requires the following:


b) Procedure for monitoring the compliance of a business receiving an exemption with any terms or conditions established by the governing body for the granting of the exemption. (Please see Home Rule Resolution No. HR.-2002-9, that requires The Board of County Commissioners of the County of Shawnee, Kansas annually review Big Heart Pet Brands' tax exemption-incentive.)


County of Shawnee, Kansas held a public hearing on May 5, 2014 on the issue of Big Heart

Pet Brands' tax exemption for real estate improvements. Notice of the public hearing was

published at least once seven (7) days prior to the hearing in The Topeka Metro News

newspaper, and indicated the purpose, time, and place thereof. The Shawnee County Clerk

did notify in writing affected taxing jurisdictions within which the property proposed for

exemption is located: Metropolitan Topeka Airport Authority, Unified School District No.

345, Washburn University, the Topeka-Shawnee County Public Library, Topeka Metropolitan

Transit Authority, the North Topeka Drainage District, and City of Topeka

of fact:

12. Pursuant to K.S.A. 79-25l(c), Shawnee County adopts the following findings



5

c) The exemption-incentive shall be in the amount of one hundred percent (1 00%) tax abatement of the real estate improvements listed in Exhibit "A" as long as Big Heart Pet Brands continues to meet the requirements of this resolution.


newspaper.

ATTEST:

BOARD OF COUNTYCOMMISSIONERS SHAWNEE COUNTY, KANSAS

---Kevin J. Cook, Vic,Chair

w~

~htA.J. a,;_ 6& /I:ZO C thia A. Beck, Shawnee County Clerk

6

Shawnee County




Memorandum


To:

From:

RE:

Board of County Cwissioners

Cynthia A. Bec~awnee County Clerk

Renewal of HME, Inc. Expansion #2, Tax Exemption for year 2016

Pursuant to Resolution 2009-71, HME Inc. was granted a tax exemption-incentive for economic development for 24 new jobs created. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining HME's eligibility annually.

HME, Inc., is representing to the Board of County Commissioners that they meet the eligibility requirements of Resolution 2009-71 Sec. 6 for 2016 and they would like for the Board to consider approval of 100% exemption for the maintained jobs for year eight @h COTA Order 2009-4611 EDX for HME, Inc. is for years 2009 through 2018.

CAB/ ddm/ clh

Attachments

Hme#2renewa!memo. doc/ecodevos/db

January 11, 2016

Shawnee County Clerk Courthouse - Room 1 07 Topeka, KS 66603-3963

RE: Resolution No. 2009-71 EDX - Docket #2009-4611-EDX

To Shawnee County Cleric

This letter is to advise that we have maintained the twenty-four new positions required for tax exemption and will provide supporting evidence of HME, Inc.'s maintenance of those positions related to our Shawnee County tax exemption-incentive for economic development.

Our intent is that you will find evidence that we have maintained the number of original jobs required in Shawnee County as a result of economic incentives and tax relief provided by Shawnee County.

Listed below is a table representing the changes in our company's total employment since the tax exemptions were issued. Also included is a detailed spreadsheet of how we calculate the average number of employees for each year.

2008 2009 2010 2011 2012 2013 2014 Average number of employees 92 100 101 100 108 130 144

Increase over prior year 24 8 1 -1 8 22 14 % increase over prior year 35% 9% 0% 0% 8% 21% 11%

It is the intent of HME, Inc. to continue to grow and expand in Shawnee County thus continuing to add jobs. We hope you will find this information helpful in making your decision to approve the extension of the tax exemption-incentive for 2016.

If you have any questions please feel free to contact me at 235-1524 x 376.

Thank you for your time and consideration.

Human Resources Manager HME, Inc.

f785] 235-1524 • f7851 235-3167 fax • 2828 NW Button Road • Topeka, KS 66618 • HMEinc.net

2015 188 44

31%

HME,Inc. Employee Census - Sorted by D.O.H. December 31, 2015

First Name Last Name D.O.H. DO.T. January February March 8Qri! ~ June ~ August Segtember October November pecember Total 1 Jonny Haas 7/1/1996 1 1 1 1 1" 1 1 1 1 1 1 1 12 2 Eric Miller 11/1/1997 7115/2015 1 1 1 1 1 1 1 7 3 Travis Schreiner 7/1/1998 1 1 1 1 1 1 1 1 1 1 1 1 12 4 Jason Jones 7/20/1998 1 1 1 1 1 1 1 1 1 1 1 1 12 5 Patrick Jones 5/24/1999 1 1 1 1 1 1 1 1 1 1 1 1 12 6 Bobbi Fletchall 8/30/1999 1 1 1 1 1 1 1 1 1 1 1 1 12 7 Ryan Payne 8/30/1999 1 1 1 1 1 1 1 1 1 1 1 1 12 8 Drew Switzky 5/15/2000 1 1 1 1 1 1 1 1 1 1 1 1 12 9 Kyle Cochran 5/24/2000 1 1 1 1 1 1 1 1 1 1 1 1 12

10 David Jordan 9/14/2000 1 1 1 1 1 1 1 1 1 1 1 1 12 11 Michael Fletchall 1/10/2001 1 1 1 1 1 1 1 1 1 1 1 1 12 12 Howard Stice 5/29/2001 1 1 1 1 1 1 1 1 1 1 1 1 12 13 Darin Schneidewind 9/3/2001 1 1 1 1 1 1 1 1 1 1 1 1 12 14 Larry Williams 10/1/2001 1 1 1 1 1 1 1 1 1 1 1 1 12 15 Kevin Bushey 3/25/2002 1 1 1 1 1 1 1 1 1 1 1 1 12 16 Robert Mohan 1/8/2003 1 1 1 1 1 1 1 1 1 1 1 1 12 17 Cindy Allen 3/4/2003 1 1 1 1 1 1 1 1 1 1 1 1 12 18 William Calvaruzo 3/31/2003 9/9/2015 1 1 1 1 1 1 1 1 8 19 Lance Buchman 8/26/2003 1 1 1 1 1 1 1 1 1 1 1 1 12 20 Tracey Stice 8/29/2003 1 1 1 1 1 1 1 1 1 1 1 1 12 21 Michael Miller 3/22/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 22 Edward Mohan 3/23/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 23 David Griffiths 5/10/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 24. Jeffrey Stewart 8/19/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 25 Tracey Stice 11/4/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 26 Jason Roenne 11/15/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 27 Jacob King 11/18/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 28 Adam Dotson 11/22/2004 1 1 1 1 1 1 1 1 1 1 1 1 12 29 Kevin Rake 4/25/2005 1 1 1 1 1 1 1 1 1 1 1 1 12 30 Brian Aubert 5/16/2005 1 1 1 1 1 1 1 1 1 1 1 1 12 31 James Colpitts 11/22/2005 1 1 1 1 1 1 1 1 1 1 1 1 12 32 Andy Reddick 1/11/2006 1 1 1 1 1 1 1 1 1 1 1 1 12 33 Nathan Davis 10/12/2006 1 1 1 1 1 1 1 1 1 1 1 1 12 34 Dustin Wasson 5/8/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 35 Cody Wasson 5/14/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 36 William Commons 5/29/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 37 Marc Jaimes 7/2/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 38 Mitchell Hutton 7/9/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 39 Grant Cain 7/26/2007 8/28/2015 1 1 1 1 1 1 1 1 1 9 40 Gary McCowan 9/24/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 41 Tyler Mayer 10/1/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 42 Ronald Slack 10/8/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 43 Jack Eaton 11/12/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 44 Ryan Brooks 11/19/2007 1 1 1 1 1 1 1 1 1 1 1 1 12 45 Bradley Cain 12/7/2007 9/5/2015 1 1 1 1 1 1 1 1 1 9 46 Anthony Nelson 2/25/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 47 Jeremy Kern 2/28/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 48 Krista Jaimes 4/21/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 49 Kyle Skinner 6/9/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 50 Warren Fox 7/21/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 51 Andrew Turner 7/23/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 52 Todd Worrel 7/28/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 53 Jerad Hefner 8/13/2008 1 1 1 1 1 1 1 1 1 1 1 1 12

.. , , ... ·'

54 Eric Milligan 10/6/2008 1 1 1 1 1 1 1 1 1 1 1 1 12 55 Angela Steinbock 1/5/2009 1 1 1 1 1 1 1 1 1 1 1 1 12 56 Seth Mitchell 2/9/2009 2/6/2015 1 1 57 Nathan Haas 5/29/2009 1 1 2 58 Brian Loy 11/2/2009 1 1 1 1 1 1 1 1 1 1 1 1 12 59 William Walters 12/14/2009 1 1 1 1 1 1 1 1 1 1 1 1 12 60 Jon T. Haas 5/21/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 61 Edward Cherry (Rufener) 7/19/2010 2/17/2015 62 Steven Wyer 7/19/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 63 Kevin Haug 7/20/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 64 Nathan Coffman 7/26/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 65 Zachary Kaberline 10/5/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 66 Kendrick Sargent 10/11/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 67 Christopher Ortega 10/27/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 68 Adam Fechter 12/20/2010 1 1 1 1 1 1 1 1 1 1 1 1 12 69 Travis Conrad 6/28/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 70 Daniel Canda 7/5/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 71 Dylan Forgy 8/17/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 72 Brian Casebier 10/24/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 73 Troy Gartner 11/7/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 74 John M Evans 11/16/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 75 Troy Schreiner 11/21/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 76 Matthew Havens 11/28/2011 1 1 1 1 1 1 1 1 1 1 1 1 12 77 Allen Miller 1/12/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 78 Tracey Todd 1/17/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 79 Kyle Burghart 2/28/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 80 Trey Todd 3/23/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 81 Nicholas Mulford 4/2/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 82 Scott King 6/18/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 83 Chad Wunder 8/20/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 84 Joseph Wesley 8/20/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 85 Garrett Busche 8/23/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 86 Allison New 8/27/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 87 L. Brandon Schimmel 8/29/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 88 Nathan Walker 11/16/2012 1 1 1 1 1 1 1 1 1 1 1 1 12 89 Darryll Rocha 1/3/2013 10/27/2015 1 1 1 1 1 1 1 1 1 1 10 90 Craig T Burns 1/30/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 91 DarinG Cornett 3/4/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 92 Matthew S. Shenk 3/5/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 93 Matthew Oesterreich 3/18/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 94 Patrick G. Thyfault 3/27/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 95 Erick K. Jernberg 4/1/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 96 Christopher Jakie 4/29/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 97 James Koss 5/9/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 98 Christopher Bloom 5/28/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 99 Trenna Forster 5/28/2013 1 1 1 1 1 1 1 1 1 1 1 1 12

1 00 Alexander King 6/18/2013 0 101 Justin Pladies 6/19/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 102 Levi Raine 6/19/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 103 Robert Garst 6/27/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 104 Grant Hill 7/22/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 105 Aaron Davey 8/12/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 106 Richard Veal 8/12/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 107 Spencer Grooms 8/12/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 108 Jason Colvin 8/16/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 109 Jon L Richardson 8/26/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 110 Allen Baker 8/26/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 111 Jacob Griffith 9/9/2013 1 1 1 1 1 1 1 1 1 1 1 1 12

112 John D Coleman 9/19/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 113 Terry A. Smith 9/30/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 114 Jerry L. Reighard 9/30/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 115 Kali Haas 10/14/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 116 Mark Kidd 11/11/2013 1 1 1 1 1 1 1 1 :1 1 1 1 12 117 Cole Schmidt 11/12/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 118 Matthew Watson 12/30/2013 1 1 1 1 1 1 1 1 1 1 1 1 12 119 Jesse Schleuter 2/3/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 120 Tyler Lutz 3/27/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 121 Kenneth Etzel 4/14/2014 5/31/2015 1 1 1 1 1 5 122 Doug Kamauff 4/21/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 123 Michal Elliott 5/5/2014 5/21/2015 1 1 1 1 1 5 124 Dustin Simpson 5/12/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 125 Vicente Herrera 5/19/2014 5/13/2015 1 1 1 1 1 5 126 Chad Wenger 5/27/2014 4/17/2015 1 1 1 1 4 127 Ricky Ferrell 6/2/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 128 Weston Nelson 6/3/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 129 Dylan Bowers 6/4/2014 8/23/2015 1 1 1 1 1 1 1 1 8 130 Daniel Nosker 6/9/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 131 Tanner Slover 7/1/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 132 James Waters 7/1/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 133 BriA'nna Ploude 7/1/2014 6/16/2015 1 1 1 1 1 5 134 Anthony Peete 7/8/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 135 Dylan Crow 7/14/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 136 James McGuffin, Sr. 7/15/2014 5/21/2015 1 1 1 1 1 5 137 Ronald Reesor 7/15/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 138 William Bergman 7/15/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 139 Bille Todd 7/21/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 140 Kyle Covert 7/21/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 141 Shannon South 7/21/2014 2/25/2015 1 1 2 142 Steven Brown 8/11/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 143 Adam Miller 8/25/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 144 Bradley Wilson 8/25/2014 6/25/2015 1 1 1 1 1 1 6 145 John Feuerborn 8/25/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 146 Joshua Mills 8/25/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 147 Adam Reber 8/26/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 148 Dorian Reed 10/6/2014 5/1/2015 1 1 1 1 4 149 Jacob Briggs 10/6/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 150 Tyler Caldwell 10/6/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 151 Shawn Vogel 10/23/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 152 Jessica Haas 11/4/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 153 Hunter Garrett 11/05/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 154 Moss Jamie 11/17/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 155 Fuimaono Musu 11/24/2014 1 1 1 1 1 1 1 .1 1 1 1 1 12 156 Beard Andrew 12/03/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 157 Bellucci Michelle 12/03/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 158 Brown Michael 12/03/2014 2/13/2015 1 1 159 Mohler Jesse 12/03/2014 2/26/2015 1 1 2 160 Stallbaumer Shawn 12/03/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 161 Cook Jason 12/08/2014 1/23/2015 1 1 162 Beatty Kristine 12/15/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 163 Kirkham Casey 12/16/2014 1 1 1 1 1 1 1 1 1 1 1 1 12 164 Eric Budy 01/05/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 165 Clarence Sanford 01/05/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 166 Ayrton Pittman 01/05/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 167 Donald Hufford 01/05/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 168 John Swank 01/05/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 169 Kurt Barker 01/12/2015 1 1 1 1 1 1 1 1 1 1 1 1 12

.

170 Nathan Flory 01/18/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 171 Anthony Eckstein 01/20/2015 1 1 1 1 1 1 1 1 1 1 1 1 12 172 Derek Schweitzer 02/02/2015 1 1 1 1 1 1 1 1 1 1 1 11 173 Jason Hollis 02/02/2015 1 1 1 1 1 1 1 1 1 1 1 11 174 James Hernandez 02/09/2015 1 1 1 1 1 1 1 1 1 1 1 11 175 Jared Johnson 02/16/2015 1 1 1 1 1 1 1 1 1 1 1 11 176 William Humphrey 03/09/2015 4/17/2015 1 1 177 Dylan Massey 03/09/2015 4/2/2015 178 Sheena Schmidtlein 03/09/2015 1 1 1 1 1 1 1 1 1 1 10 179 Lawrence Stocker 03/09/2015 1 1 1 1 1 1 1 1 1 1 10 180 Christopher Staley 03/16/2015 1 1 1 1 1 1 1 1 1 1 10 181 Zachary Naylor 03/18/2015 4/2/2015 182 Adam Weston 03/23/2015 7/27/2015 1 1 1 1 1 5 183 Roland Kosek 04/01/2015 5/4/2015 1 1 184 Joshua Adamson 04/02/2015 1 1 1 1 1 1 1 1 1 9 185 Calvin Schneider 04/04/2015 11/17/2015 1 1 1 1 1 1 1 7 186 Timothy Browder 04/06/2015 1 1 1 1 1 1 1 1 1 9 187 Travis Kaess 04/06/2015 1 1 1 1 1 1 1 1 1 9 188 Scot Fortner 04/16/2015 1 1 1 1 1 1 1 1 1 9 189 Nikki Schmitt 04/28/2015 1 1 1 1 1 1 1 1 8 190 Joshua Pladies 05/04/2015 1 1 1 1 1 1 1 1 8 191 Donny Haman 05/04/2015 6/4/2015 1 1 2 192 Jesse Heflin 05/04/2015 1 1 1 1 1 1 1 1 8 193 Michael Larson 05/04/2015 1 1 1 1 1 1 1 1 8 194 Earl Mills 05/11/2015 8/10/2015 1 1 1 3 195 McKensi Petty 05/18/2015 1 1 1 1 1 1 1 1 8 196 Christopher Manlove 05/18/2015 1 1 1 1 1 1 1 1 8 197 Levi Brown 05/26/2015 1 1 1 1 1 1 1 7 198 Cody Raine 05/26/2015 1 1 1 1 1 1 1 7 199 Eric Just 05/26/2015 1 1 1 1 1 1 1 7 200 Jeffrey Starkebaum 05/26/2015 1 1 1 1 1 1 1 7 201 Jason Crow 06/01/2015 1 1 1 1 1 1 1 7 202 Ethan Ezell 06/01/2015 1 1 1 1 1 1 1 7 203 Alyssa Loomis 06/01/2015 1 1 1 1 1 1 1 7 204 Andrew Mueller 06/01/2015 1 1 1 1 1 1 1 7 205 Jason Paschke 06/01/2015 1 1 1 1 1 1 1 7 206 Brock Safarik 06/01/2015 1 1 1 1 1 1 1 7 207 Austin Siess 06/08/2015 1 1 1 1 1 1 1 7 208 Logan Stewart 06/08/2015 7/6/2015 1 1 209 Eric Carter 06/19/2015 1 1 1 1 1 1 1 7 210 Jeremiah Goodpasture 06/22/2015 1 1 1 1 1 1 1 7 211 Timothy Devere 07/06/2015 1 1 1 1 1 5 212 Elle Meitl 07/13/2015 1 1 1 1 1 5 213 Sammy Setter 07/13/2015 1 1 1 1 1 5 214 Brandon McDonnell 07/20/2015 1 1 1 1 1 5 215 Jon Schneider 07/27/2015 1 1 1 1 1 5 216 Travis Carmack 07/27/2015 8/19/2015 1 1 217 Brooks Mize 08/03/2015 10/5/2015 1 1 2 218 Howard Roubidoux 08/03/2015 11/17/2015 1 1 1 3 219 Joseph Speer 08/10/2015 1 1 1 1 1 5 220 Tracy Tompkins 08/10/2015 1 1 1 1 1 5 221 Austin Hernandez 08/10/2015 1 1 1 1 1 5 222 Keagan Cook 08/17/2015 1 1 1 1 1 5 223 Kody King 08/24/2015 1 1 1 1 1 5 224 Jacob Schmidtlein 09/01/2015 1 1 1 1 4 225 Corey Speakman 09/08/2015 11/5/2015 1 1 2 226 Jordan Woltje 09/08/2015 1 1 1 1 4 227 Mark Funnell 10/01/2015 1 1 1 3

228 Justin Thomas 10/02/2015 1 1 1 3 229 Christopher Feuerborn 10/05/2015 1 1 1 3 230 Justin Smith 10/05/2015 1 1 1 3 231 Toby Brown 10/12/2015 1 1 1 3 232 Andrew Greves 10/12/2015 1 1 1 3 233 Jeffrey Adams 10/16/2015 1 1 1 3 234 Stephen Graff 11/09/2015 1 1 2 235 Colton Shuford 11/16/2015 1 1 2 236 Ronald Wiltz 11/16/2015 1 1 2 237 Haven VanCleave 11/16/2015 1 1 2 238 Cody Brown 11/16/2015 11/24/2015 1 1 2 239 Joshua Markland 11/20/2015 1 1 2 240 Christopher Harmon 12/01/2015 12/7/2015 241 Andrew Richardson 12/07/2015

Total By Month 169 169 174 177 182 191 188 198 199 203 204 206 2260 Average Number Employees 188

HME.lNC.

,., ... , ' ' !-''" .. '"'?''T'-?''?'?'S'T!!-'ZR··u-· n !tC''"'!I'"''.!F!Zrs•-w·u:z·, .... ,,.!rO_

COMMUNITY BANK TOPEKA, KS 66614

4848B· .2828 NW BUTION ROAD

TOPEKA, KS 66618 PHONE (785) 235-1524 44-675/1011 1/12/2016

PAY TO THE

ORDER OF ~~====~~~==~~~~----------~~~~-------------

$ **too~oo

One Hundred and 00/1 00***********************************************************************************************·****,.

MEMO:

Shawnee County Clerk 200 SE?th- Room 107 Topeka, KS 66603-3963

HME. INC.

Shawnee County Clerk

Checking Account - C

t}'"'· s£NSITi\tE .s..,,~ ·.-l:: (0.

b~.rll' .._o~f.J lt-"tli£AT0~

··.• ~ ~ AUTHORIZE'fj SIGNATURE

1/12/2016 2016 Exemption Renewal

DOLLARS

48488 100.00

100.00

Shawnee County


\ )-



Memorandum


From:

Board of Coun~Co't;nmissioners ev Cynthia A. Bee ' awnee County Clerk

To:

RE: Renewal of Crosswind Petfoods, Inc. for 2016

Pursuantto Resolution 2014-62, Crosswind Petfoods, Inc., was granted a tax exemption incentive for added improvements for economic development for 31 new jobs created and maintained. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Crosswind Petfoods Inc., eligibility annually.

Resolution 2014-62 Sec. 6a states there is to be 31 full time positions created and maintained. Crosswind Petfoods Inc., is representing to the Board of County Commissioners that they met the qualifications as set out in Resolution No. 2014-62.

Crosswind Petfoods, Inc., would like for the Board to consider approval of 100% exemption for year two (2). BOTA Order 2014-6120-EDX for Crosswind Petfoods, Inc., is for years 2015 through 2024.

CAB/ddm/clh

Attachments

Crosswind Petfoods renewal memo/ecodevos/db

~CROSSWIND ~Industries. Inc. ~r-....::.·~~ ...... ,___,,...~n:.

January 8, 2016

Board of County Commissioners Shawnee County Kansas 200 SE 7m Street B-11 Topeka, KS 66603

RE: Exemption from Ad Valorem Taxes Parcel# 089-133-07-0-10-06-001.00-0

To whom it may concern:

We are requesting a renewal on our exemption from Ad Valorem Taxes on the above mentioned parcel. The address of said parcel is:

2127 SE Lakewood Blvd. Topeka, KS

We meet the qualifications as set out in the resolution granting the exemption.

As required, enclosed is our check for $100 made payable to the Shawnee County Clerk in payment ofthe fee applicable to the renewal.

Also, please be advised that any future correspondence or requests for information should be sent to:

Mr. Robert Kupka ChiefFinancial Officer Crosswind Industries 509 Old South 75 Highway Sabetha, KS 66534

Sincerely,

~ Robert Kupka ChiefFinancial Officer, Secretary and Treasurer

PO BOX 29, Sabetha, KS 66534 Phone: 785-284-3462 Fax: 785-284-3940 e-mail address: [email protected] www. crosswindindustries.com

Check Date: 01/08/16

Invoice Number Invoice Date TAX EXEMP CERT 2016 01/08/16

Invoice Balance 100.00

Totals 100.00

-~---

CROSSWIND PETFOODS, INC. 50.9:S. us;DLD~HW"'r' .75 :0.:'::·~

s\f;~1~· P.~Y ONE HUNDRED DOLLARS AND 00 CENTS

TO ':HE :JRDER OF

BOARD OF COUNTY COMMISSIONERS 200 SE

.,'"'11,, ,,,,,_, ..

;,:ref'EKi;., 'il,·,• ,·• ,.-.... :1.,'•1

.::· :,'···· ..... ,,," '"'.:·;.:': ., ". -.~.~--~· :::~,'·;

~----.,--: '"P=:"'""<-·-..<::~ :..._~-

Check No.: 084763

Discounts 0.00

Total Applied 100.00

0.00 100.00

UMB BANK, N.A. ST. JOSEPH, MISSOURI 64507

36·1901/ 1012

DATE

084763

084763

AMOUNT

01/08/16 $***********100.00

VOID AFTER 90 DAYS OF ISSUE

STATE OF KANSAS

IN THE :MATTER OF THE APPLICATION OF CROSSWIND PETFOODS, INC. FOR EXEMPTION FROM AD VALOREM TAXATION IN SHAWNEE COUNTY, KANSAS

ORDER

Docket No. 2014-6120-EDX

Now the above-captioned matter comes on for consideration by the Board of Tax Appeals of the State of Kansas.

The Board finds and concludes as follows:

The Board has jurisdiction of the subject matter and the parties, as an application for exemption has been filed pursuant to K.S.A. 2013 Supp. 79-213.

The Board received this application on September 17, 2014. The County recommends the request for exemption from ad valorem taxation be granted. The County did not request a hearing. Therefore, the Board is issuing this Order without conducting a hearing.

The subject matter of this tax exemption application is described as follows:

Real estate and improvements commonly known as 2127 Se Lakewood Blvd, Topeka, Shawnee County, Kansas, also known as Parcel ID# 089-133-07-0-10-06-001.00-0.

The applicant requests exemption from ad valorem taxation pursuant to Kan. Const. art. XI, § 13.

The applicant, new business located in the City of Topeka, Shawnee County, uses the subject property to manufacture pet food and pet treats. The applicant commenced operations in the first quarter of 2014 and has hired 17 new employees.

In 2002, Shawnee County adopted policies and procedures for determining if an economic development exemption should be granted that contained a provision to ensure compliance by the applicant with the conditions imposed by the local governing body. The City of Topeka, on March 24, 2014, prepared a cost-benefit


analysis of the applicant's operations to determine the financial impact of granting the tax exemption including the effect on state revenues.

Shawnee County conducted a public hearing on August 14, 2014 after publishing notice of the hearing in The Topeka Metro News, the official city newspaper, at least seven days prior and notifying Unified School District No. 437 and the Shawnee County Clerk. Shawnee County adopted Resolution No. 2014-62 on August 11, 2014, which exempted the subject property from ad valorem taxation and made the factual determination that the subject property will be used exclusively for exempt purposes.

The applicant is new business exempted from ad valorem taxation by Shawnee County. The applicant is using the subject property exclusively for manufacturing and its expansion has resulted in the creation of 17 new positions. The applicant satisfies the conditions enumerated in Kan. Const. art. XI, § 13 and K.S.A. 2013 Supp. 79-251, and exemption from ad valorem taxation should be granted from January 1, 2015, through December 31, 2024. Pursuant to K.S.A. 2013 Supp. 79-213(j), the subject property is eligible for an exemption for the construction period.

The applicant is required to file its annual claim for exemption with the county appraiser prior to March 1, as provided in K.S.A. 2013 Supp. 79-210. The annual claim shall be accompanied by a "written statement, signed by the clerk of the city or county granting the exemption, that the property continues to meet all the terms and conditions established as a condition of granting the exemption." Id.

IT IS THEREFORE ORDERED that the application requesting an exemption from ad valorem taxation be granted from January 1, 2015, through December 31, 2024, so long as the property continues to be used for exempt purposes.

IT IS FURTHER ORDERED that any refund due and owing the applicant shall be made pursuant to K.S.A. 2013 Supp. 79-213(k), which limits the refund to the year immediately preceding the year in which the application is filed in accordance with K.S.A. 2013 Supp. 79-213(a).

Any party who is aggrieved by this order may file a written petition for reconsideration with this Board as provided in K.S.A. 77-529, and amendments thereto. See K.S.A. 74-2426(b), and amendments thereto. The written petition for reconsideration shall set forth specifically and in adequate detail the particular and specific respects in which it is alleged that the Board's order is unlawful, unreasonable, capricious, improper or unfair. Any petition for reconsideration shall be mailed to the Secretary of the Board of Tax Appeals. The written petition must be received by the Board within 15 days of the certification date of this order (allowing an additional three days for mailing pursuant to statute).


Rather than filing a petition for reconsideration, any aggrieved person has the right to appeal this order of the Board by filing a petition with the court of appeals or the district court pursuant to K.S.A. 74-2426(c)(4)(A), and amendments thereto. Any person choosing to petition for judicial review of this ordermust file the petition with the appropriate court within 30 days from the date of certification of this order. See K.S.A. 77-613(b) and (c) and K.S.A. 74-2426(c), and amendments thereto. Pursuant to K.S.A. 77 -529(d), and amendments thereto, any party choosing to petition for judicial review of this order is hereby notified that the Secretary of the Board of Tax Appeals is to receive service of a copy of the petition for judicial review. Please note, however, that the Board would not be a party to any judicial review because the Board does not have the capacity or power to sue or be sued. See K.S.A. 74-2433(£), and amendments thereto.

If both parties are aggrieved by this order, and one party timely appeals this order to the district court (which necessitates a trial de novo pursuant to K.S.A. 7 4-2426(c)(4)(A)), then this order will be deemed final and will render moot any pending petition for reconsideration filed by the other party. If both parties are aggrieved by this order, one party timely appeals this order to the court of appeals (which would involve appellate review under the Kansas judicial review act), and the other party timely files a petition for reconsideration, then this order will be deemed non-final and the Board will proceed to render an order regarding reconsideration.

The address for the Secretary of the Board of Tax Appeals is Board of Tax Appeals, Eisenhower State Office Building, 700 SW Harrison St., Suite 1022, Topeka, KS 66603. A party filing any petition shall also serve a complete copy of the petition on all other parties.


IT IS SO ORDERED

THE KANSAS BOARD OF TAX APPEALS

RONALD C. MASON, BOARD MEMBER


CERTIFICATE OF SERVICE

I, J oelene R. Allen, Secretary of the Board of Tax Appeals of the State of Kansas, do hereby certify that a true and correct copy of this order in Docket No. 2014-6120-EDX and any attachments thereto, was placed in the United States Mail, on this \3 '-- day of

O:::tz?w-- , 20~, addressed to:

Robert G Wood, Secretary/Treasurer/Controller Crosswind Petfoods Inc 2127 SE Lakewood Blvd Topeka, KS 66534

Cynthia Beck, Shawnee County Clerk Shawnee Co Courthouse 200 E Seventh, Rm 107 Topeka, KS 66603-3963

J. Mark Hixon, Shawnee County Appraiser Shawnee County Annex 1515 NW Saline, Ste 100 Topeka, KS 66618

Larry Mah, Shawnee County Treasurer Shawnee County Courthouse 200 SE 7th Room 101 Topeka, KS 66603-3932

and a copy was placed in the capitol complex building mail addressed to:

Kansas Department of Commerce Attn: Ed Serrano 1000 SW Jackson, Suite 100 Topeka, KS 66612-1354

Property Valuation Division Attn: Vicki Lignitz DSOB, 915 SW Harrison, 4th Floor Topeka, KS 66612

IN TESTIMONY WHEREOF, I have hereunto subscribed my name at Topeka, Kansas.

RESOLUTION NO. 2014- b 'J-

A RESOLUTION EXEMPTING CERTAIN PROPERTY OWNED BY CROSSWIND PETFOODS, INC.

FROM AD V ALOREMTAXATION FOR ECONOMIC DEVELOPMENT PURPOSES, PURSUANT To SHAWNEE COUNTY HoME RULE RESOLUTION No. IIR-2002-9

SPONSORED BY COMMISSIONER ARCHER





has determined that the application by Crosswind Petfoods, Inc. for exemption from ad

valorem property taxation pursuant to Article 11, Section 13 of the Kansas Constitution and

Shawnee County Home Rule Resolution No. HR-2002-9 should be considered favorably;


Shawnee, Kansas, meeting in regular session this 14th day of August, 2014, does hereby

resolve as follows:



2. Pursuant to K.S.A. 79-251, Shawnee County has adopted a Statement of Policy



3. The applicant, Crosswind Petfoods, Inc., requests an exemption from ad

valorem taxation pursuant to Article 11, Section 13 of the Kansas Constitution. The section

states, in part, the board of county commissioners of any county may, by resolution, exempt

from all ad valorem taxation all or any portion of the appraised valuation of (1) all buildings,

together with the land upon which such buildings are located, and all eligible tangible

personal property associated therewith used exclusively for the purpose of: (a) Manufacturing

articles of commerce; (b) conducting research and development; or (c) storing goods or

commodities which are sold or traded in interstate commerce.

4. The subject matter for the tax exemption application consists of certain

improvements to real estate. Please see Exhibit "'A" for a description of the exempt property

that is attached hereto and incorporated by reference herein.

5. Crosswind Petfoods, Inc.' base year for the tax exemption period is 2014.

Pursuant to Article 11, Section 13(b) of the Kansas Constitution, the tax exemption-incentive

granted herein shall be in effect for not more than ten (1 0) calendar years. Since Crosswind

Petfoods, Inc. completed the construction of the property in 2014, its tax exemption-incentive

granted herein shall be in effect from the years 2015 through 2024.


County hereby grants Crosswind Petfoods, Inc. a tax exemption-incentive for improvements

to real estate as described in paragraphs 4 and 5. For each year Shawnee County grants

Crosswind Petfoods, Inc. a tax exemption-incentive, the exemption-incentive shall be in the

amount of one hundred percent ( 1 00%) tax abatement on the value of the improvements to

real estate listed in Exhibit "'A" provided Crosswind Petfoods, Inc. meets all of the following

eligibility requirements:

a) The Corporation shall retain and/or create, and maintain at least thirtyone (31) full time or equivalent positions to accommodate the operation of said facilities (hereinafter the "relevant" positions);

2

b) Continuation of original ownership (the exemption-incentive is transferable only upon approval by The Board of County Commissioners of the County of Shawnee, Kansas);



e) Pursuant to K.S.A. 79-213 and amendments thereto, file a request for exemption with the Kansas State Board of Tax Appeals and receive the Board of Tax Appeals' Order granting the approval of the exemption.

7. Pursuant to Section 21 of Shawnee County Home Rule Resolution No. HR.-

2002-9, the exemption shall be subject to annual renewal. Crosswind Petfoods, Inc. shall

submit to Shawnee County a written request for renewal of the tax exemption-incentive on an

annual basis along with an annual renewal fee of One Hundred and Noll 00 Dollars ($1 00.00)

by January 15th of each year. Crosswind Petfoods, Inc. shall submit to the County such

information as the County deems necessary to assure the continued qualification of said

business. The County will review and make a determination on the request by February 1st of

each year. A claim of exemption-incentive must be filed with the Shawnee County Appraiser

by March 1st of each year.


Crosswind Petfoods, Inc. remains eligible in successive years for the tax exemption granted

herein. Crosswind Petfoods, Inc. shall be entitled to the tax exemption granted herein in each

successive year as long as all eligibility conditions established in paragraph 6 have been met

Failure to meet the eligibility requirements stated in paragraphs 6b), 6c), or 6d) in any one (1)

year shall result in no exemption-incentive being granted for the next renewal year. However,

3

-------------------------· -···

this would not jeopardize eligibility for the remaining years if the eligibility requirement is

subsequently met by Crosswind Petfoods, Inc.. With regard to the eligibility requirement

stated in paragraph 6a), Crosswind Petfoods, Inc. shall remain eligible for a one hundred

percent (100%) exemption each renewal year as long as at least the relevant thirty-one (31)

positions have been retained and/or created, and maintained in order to accommodate the

operation of the exempt facility. If, however, these thirty-one (31) positions are not

maintained, then the exemption percentage (%) shall be adjusted during the next renewal year

to reflect the percentage or proportion of actual positions at the facility during the previous

year versus the required thirty-one (3 I) positions. For example, if during the renewal process

in January 2016, Crosswind Petfoods, Inc. discloses that it had only maintained twenty-eight

(28) relevant positions during the 2015 tax year, then the exemption percentage(%) for 2016

(the "renewal" year) would be 28/31 or 900/c.


the eligibility requirements stated in paragraph 6 have not been met, Crosswind Petfoods, Inc.

shall have the opportunity to present information to Shawnee County regarding (i) casualty,

fire, natural disaster, strike related or disturbances or other similar events or conditions

beyond the reasonable control of Crosswind Petfoods, Inc., or (ii) abnormal business

downturns or losses of customers. Shawnee County shall have the sole discretion to

determine whether any such events or conditions have occurred and shall relieve Crosswind

Petfoods, Inc. from meeting any applicable eligibility requirement for that renewal year.



4


HR-2002-9, Section 20, requires the following:


b) Procedure for monitoring the compliance of a business receiving an exemption with any terms or conditions established by the governing body for the granting of the exemption. (Please see Home Rule Resolution No. HR-2002-9, that requires The Board of County Commissioners of the County of Shawnee, Kansas annually review Crosswind Petfoods, Inc.'s tax exemption-incentive.)


County of Shawnee, Kansas held a public hearing on August 14, 2014 on the issue of

Crosswind Petfoods, Inc.'s tax exemption for real estate improvements. Notice ofthe public

hearing was published at least once seven (7) days prior to the hearing in The Topeka Metro

News newspaper, and indicated the purpose, time, and place thereof. The Shawnee County

Clerk did notify in writing affected taxing jurisdictions within which the property proposed

for exemption is located: Metropolitan Topeka Airport Authority, Unified School District

No. 501, Washburn University, the Topeka-Shawnee County Public Library, Topeka

Metropolitan Transit Authority, and City of Topeka.

of fact:

12. Pursuant to K.S.A. 79-251(c), Shawnee County adopts the following findings



5

c) The exemption-incentive shall be in the amount of one hundred percent (100%) tax abatement of the real estate improvements listed in Exhibit "A" as long as Crosswind Petfoods, Inc. continues to meet the requirements of this resolution.


newspaper.

BOARD OF COUNTYCOMMISSIONERS SHA "'NEE COUNTY, KANSAS

Michele A. Buhler, Member


6

\V Shawnee County


\3

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www .snco.us


Memorandum

Date:

To:

From:

RE:

January 15, 2016

Board of County Co'A-~issioners

Cynthia A Bec~nee County Clerk

Renewal of Frito-Lay, Inc's Tax Exemption for 2016

Pursuant to Resolution 2009-51, Frito-Lay, Inc. was granted a tax exemption-incentive for economic development according to sec. 6a) they "shall maintain at least four-hundred-fifty (450) full time or equivalent positions to accommodate the operation of its Topeka facility". The incentive was for a maximum of ten years subject to the Board of County Commissioners determining eligibility annually.

Frito~Lay is representing to the Board of County Commissioners that they meet the eligibility requirements for 2016 and they would like for the Board to consider approval of 100% for year seven (7). COTA Order 2009-5442EDX for Frito-Lay is for years 2010 through 2019.

CAB/ddrn/clh

Attachments

Frito-Lay renewalmemobcc/ecodevo/db

PEPSICO ~ • 1GPkana ~ G

January 13, 2016

Cynthia Beck Shawnee County Clerk 200 SE 7th Street, Room 107 Topeka, KS 66603

RE: Frito-Lay's Request for Renewal of Tax Exemption Incentive

Dear Ms. Beck:

Please accept this letter as Frito-Lay, Inc.'s request to renew the tax exemption incentive with regards to Resolution 2009-51 along with Order 2009-5442-EDX and Resolution 2010-90 along with Order 201 0-8342-EDX. In addition, this letter shall serve as the annual notification that Frito-Lay, Inc. is in compliance with the resolutions and it has met the eligibility requirements, as outlined below.

Order 2009-5442-EDX & Resolution 2009-51

1. Requirement is to maintain at least 450 full time or equivalent positions to accommodate the operation of the Topeka facility. At the end of2015, Frito had 976 full-time employees and 66 part-time employees at the Topeka facility.

2. The company has continued the original ownership and all taxes have been paid timely with no delinquencies.


1. Requirement is to maintain 450 full-time or equivalent positions to accommodate the operation of its Topeka facility. At the end of2015, the Company had 976 full-time employees and 66 part-time employees at this facility.


We respectfully request that you renew the 100% tax exemption incentive established by Resolution 2009-51 for year seven (7) and the 100% tax exemption incentive established by Resolution 2010-90 for year six ( 6). Enclosed are two $100.00 checks made payable to Shawnee County KS for the renewal fees. Also enclosed for your reference are our 2015 paid tax statements.

Please feel free to contact me at 972-334-2969 or at [email protected] if you have any questions.

s~.'ccee~r ly,

~r Kathleen H. Alfano, Senior Director of Economic Development Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024

En c.

I Ht:: U.t!IUINAL.. uut;UMt::N I HAl; A WHITE Ht::;f-LI!:(.; IIV.t::. WATERMARK ON THI::. t:!ACK. HOLD AT AN ANGLE TO VIEW. DO NOT CASH IF NOT PRESENT.

CITJBANK, N.A. . 62;20 ONE PENNS' WAY · 311

. NEW CASTLE, DE 19720

.. ----~--. t~ (~) /!! . ..... PEIP>L .. : ·. --~~ . ..

~)_ o I 'iw'v- ,20 01- r£d' .... .2oo1-_.iYrf2--- Ci::J"f Frito-La\{, Inc. IC-V CHECKNUMBER:1163740 · . . DATE: t 29/15 .. PAYAMOUNT:

PAY:*** ONEHUNDREDDOLLARS:AND ZERO CENTS****~-··:***.......,.*****. .. To The Order Of

SHAWNEE COUNTY KS 200 SE. 7TH STREET TOPEKA,KS 66603 United States

1163740 ..

100.00

19 Vendor Number: 10024759 Bank ld: 0001 Check Number: 1163740 For Service: 1-866-374-8677

Invoice No. Date Amount Discount Net Amt. PO/Bill Of Lading Description

2015-KS-1001-1470 12129115 $100.00 $0.00 $100.00 UNMATCHED/ 1462404003001000-1740

ENSURE YOUR PAYMENTS ARE NOT DELAYED!

Please email [email protected] for iru.'trUCtions to submit your change of address to PepsiCo.

Fl-5411

<:

Shawnee County


\V

785-233-8200, Ext 4155 Fax 785-291-4912 Website: http://www .snco. us

200 SE 7th Street - Room 107 Topeka, Kansas 66603-3963

Memorandum


From:

Board of County~ ~~Xissioners

Cynthia A. Bec~nee County Clerk

To:

RE: Renewal of Frito-Lay, Inc's Expansion Tax Exemption for 2016

Pursuant to Resolution 2010-90 Frito-Lay, Inc. was granted a tax exemption-incentive for economic development according to sec. 6a) they "shall maintain at least four-hundred-fifty (450) full time or equivalent positions to accommodate the operation of its Topeka facility". The incentive was for a maximum of ten years subject to the Board of County Commissioners determining eligibility annually.

Frito-Lay is representing to the Board of County Commissioners that they meet the eligibility requirements for 2016 and they would like for the Board to consider approval of 100% for year six .{§1 COTA Order 201 0-8342EDX for Frito-Lay is for years 2011 through 2020.

CAB/ddm/clh

Attachments

Frito-Lay renewalmemobcc/ecodevo/db

PEPSICO -- ~ ·- -- -

G January 13, 2016

Cynthia Beck Shawnee County Clerk 200 SE 7th Street, Room 1 0 7 Topeka, KS 66603

RE: Frito-Lay's Request for Renewal of Tax Exemption Incentive

Dear Ms. Beck:

Please accept this letter as Frito-Lay, Inc.'s request to renew the tax exemption incentive with regards to Resolution 2009-51 along with Order 2009-5442-EDX and Resolution 2010-90 along with Order 201 0-8342-EDX. In addition, this letter shall serve as the annual notification that Frito-Lay, Inc. is in compliance with the resolutions and it has met the eligibility requirements, as outlined below.


1. Requirement is to maintain at least 450 full time or equivalent positions to accommodate the operation of the Topeka facility. At the end of2015, Frito had 976 full-time employees and 66 part-time employees at the Topeka facility.



1. Requirement is to maintain 450 full-time or equivalent positions to accommodate the operation of its Topeka facility. At the end of2015, the Company had 976 full-time employees and 66 part-time employees at this facility.


We respectfully request that you renew the 100% tax exemption incentive established by Resolution 2009-51 for year seven (7) and the 100% tax exemption incentive established by Resolution 2010-90 for year six (6). Enclosed are two $100.00 checks made payable to Shawnee County KS for the renewal fees. Also enclosed for your reference are our 2015 paid tax statements.

Please feel free to contact me at 972-334-2969 or at [email protected] if you have any questions.

Sincerely,

~y-Kathleen H. Alfano, Senior Director of Economic Development Frito-Lay, Inc. 7701 Legacy Drive, Plano, TX 75024

En c.

I nt: UMJUmAJ.. uu.vUIVIt:N I MA::> A VVHI H: Hl:::t-Lt:l.,; II VI::: VVAI t=.AMARK ON THI::: tjA(.;K. HOLD AT AN ANGLE TO VIEW. DO NOT CASH IF NOT PRESENT.

CITIBANK; N.A ONE PENNS WAY NEW CASTLE, DE l972D

62C20 31'1

/7)· c.o/; . .L;~ _..,ft. :/V- 9CJ~~~c) - 8' J.cf .. 2. -t::7)f -Frito-Lay, lr:1c: 1~" _., ~~ r7-'-'

CHECKNUMBER:1163741 DATE: 12129/15 . PAY AMOUNT: .. . .. . PAY:*** ONE HUNDRED DOLLARS)\ND ZERO CENTs···-·--~~~·••~····· .

To The Order Of

SHAWNEE COUNTY KS 200 SE. 7TH STREET TOPEKA,KS 66603 United States

1163741

100.00

19 Vendor Number: 10024759 Bank ld: 0001 Check Number: 1163741 For Service: 1-866-374-8677

Invoice No. Date Amount Discount Net Amt. PO/Bill Of Lading Description

20J5-KS·IOOI·l469 !2129/15 $100.00 $0.00 $100.00 UNMATCHED/ l462404003001QOO.l739

ENSURE YOUR PAYMENTS ARE NOT DELAYED!

Please email [email protected] for iru.'IIUCtions to submit your change of address to PepsiCo.

"L-341'

: \V Shawnee County \S




Memorandum


To: Board of County Commissioners

From: Cynthia A Bec~ee County Clerk

RE: Renewal of Target Distribution Center Tax Exemption for 2016

Pursuant to Resolution 2008-178, Target Distribution Center was granted a tax exemption-incentive for economic development in an amount of 1 00% construction of a warehouse and personal property. The incentive was for a maximum of ten years subject to the Board of County Commissioners determining Target's eligibility annually.

Target Distribution Center is representing to the Board of County Commissioners that they meet the eligibility requirements of Resolution 2008-178 Sec. 7 & 8 for 2016 and they would like for the Board to consider approval of 100% exemption for year nine (9). COTA Order 2008-9162EDX for years 2008 through 2017.

CAB/ddm/clh

Attachments

Target's renewal memobcc.doc/ecodevo/db

® TARGET

1000 Nicollet Mall Minneapolis, MN 55403

[email protected] Direct Dial: 612/761-6317

Fax: 6121761-3735

January 13, 2016

Ms. Cynthia Beck Shawnee County Clerk Shawnee County 200 S.E. 7th, Room 107 Topeka, KS 66603-3963

Re: 2016 Target Distribution Center Ad Valorem Tax Exemption

Dear Ms. Beck,

Target Corporation hereby requests a renewal of the personal property and real property tax exemption for economic development in an amount of One Hundred Percent (100%) of ad valorem taxes for the 2016 tax year, as previously granted by the Kansas Court of Tax Appeals in Order Number 2008-9162-EDX. Target Corporation is in compliance with the requirements of Shawnee County Resolution 2008-178, and pursuant to Section 7, is requesting renewal of the exemption. Target continues to own the property and use it for its exempt purpose. We are enclosing the One Hundred Dollar ($1 00) application fee. Please let us know if you need anything further.

Very truly yours,

Jacfg::r Manager Public Partnerships

Enclosure

Target. com I Financial & Retail Services I Target Sourcing Services I Target India I Target Canada

1 of 1 [VENDOR NAME: SHAWNEE COUNTY BOARD OF VENDOR NO: 36393

VENDOR DOC# SAP DOC# DOC DATE GROSS DEDUCTIONS NET AMOUNT

T3603 1946256277 01/12/2016 100.00 0.00 100.00

GROSS AMOUNT I DEDUCTIONS I NET AMOUNT 1 CHECK DATE I CHECK#

100.00 I 0.00 J 100.00 I 01/13/2016 I 3172583 PLEASE PROVIDE CHECK#, VENDOR#, AND SAP DOCUMENT# WHEN WRmNG OR CALL TARGET (612) 307-9208 • Withholding Tax Amount

,.----------REMOVE DOCUMENT ALONG THIS PERFORATION-----------..

.,. 't;;;l

Target Corporation PO Box 1296 Minneapolis, MN 55440-1296

PAY ONE HUNDRED AND 00/100--

Wells Fargo Bank NA Van Wert, OH

TO THE ORDER

OF

SHAWNEE COUNTY BOARD OF COUNTY COMMISSIONERS 200 SE 7TH STREET TOPEKA, KS 66603-3922

DATE 56-382 CHECK NO. 01/13/2016 412 3172583

9600138673 NET AMOUNT

*$100.00

THIS CHECKISVOID;IFNOT CASHED llliiTHIN 150 DAYS.

board of county commissioners agenda monday, …jan 25, 2016 · 2. consider acceptance of the...

Documents