Loading...
HomeMy WebLinkAbout027209 RES - 04/10/2007Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO A.C. DISTRIBUTION, INC., FOR THE CREATION OF JOBS TO EXTEND THE TERM OF THE PROGRAM AGREEMENT. V*IriEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and A.C. Distribution, Inc., executed an agreement for the purpose of providing business incentives to A.C. Distribution, Inc., to construct a new facility and to create 100 new jobs, for a term of five years from the date of the execution of the contract. WHEREAS, the parties to the Agreement desire to execute this First Amendment to the Agreement to cure any missed deadlines and extend the term for an additional twenty-four (24) months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the First Amendment to the Agreement to Grant Business Incentives to A.C. Distribution, Inc. between the Corpus Christi Business and Job Development Corporation and A.C. Distribution. Inc., to cure any missed deadlines and extend the term of the agreement for an additional twenty-four (24) months. SECTION 2. The City Manager, or his Designee, is authorized to execute the FWst Amendment to the Agreement to Grant Business Incentives to A.C. Distribution, Inc. for the Creation of Jobs, a copy of the amendment is attached as Exhibit "A". ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: April 4, 2007 37)1& ry W. Smith Assistant City Attorney For the City Attorney CITY • CORPUS CHRISTI 4 AI H-nry Ga ett Mayor H:1LEG-DIR\Shared\GaryS\agenda\200714-10\Res-AmendAgmt-ACDistribution.doc O272t 9 Corpus, Christi, Texa of Page 2 of 2 , 2007 The above resolution was passed by the following vote: Henry Garrett f Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola rllark Scott H:1LEG-DIR\Shared\GaryS\agenda\2007\4-101Res-AmendAgmt-ACDistribution.doc 027209 FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO A. C. DISTRIBUTION, INC. FOR THE CREATION OF JOBS This first amendment ("First Amendment") to the Agreement to Grant Business Incentives to A. C. Distribution, Inc., for the Creation of Jobs ("Agreement") is made by and between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and A. C. Distribution, Inc., ("A. C. Distribution") a Texas corporation. WHEREAS, the Corporation, City and A. C. Distribution executed the Agreement for the purpose of providing business incentives to A. C. Distribution to construct a new facility and to create 100 new jobs; WHEREAS, the term of the Agreement was stated as five years from the date of execution of the contract; WHEREAS, economic factors caused excusable delays for A. C. Distribution in the completion of its obligations under the Agreement; WHFtEAS, the parties to the Agreement desire to execute this First Amendment to revise the provisions of the Agreement to cure any missed deadlines and extend the term for an additional 24 months. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows: Section 1. Section 2 of the Agreement is amended to read as follows: "SECTION 2. Term. The term of this Agreement is five seven years from the Effective Date." Section 2. Section 5.a of the Agreement is amended to read as follows: "A C. Distribution agrees to create and maintain a minimum number of 50 new full-time (2,080 hours/year) permanent jobs at the Facility within three five years of the Effective Date. A full-time permanent job is one that provides at least 2,080 hours annually. The jobs shall be primarily engaged in serving a customer base outside a 50 -mile radius of the city of Corpus Christi." Section 3. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the H-\LEG-DIR\Jeannie\Ga rv\Amendment-ACDistribution 070328.doc Page 1 of 3 Exhibit A Agreement not changed by this First Amendment remain the same and in full force and effect, EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Sign*ure Printed name: Date: Title ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on , 2007, by as the (title) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of Texas H'\LEG-DIR1Jeannie\Gary\Amendment-ACDistribution 070328.doc Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Date: George K. Noe City Manager Date: APPROVED AS TO FORM: Gary W. Smith Assistant City Attorney for the City Attorney A. C. Distribution, Inc. Signature Printed name: Date: Title STATE OF TEXAS ACKNOWLEDGMENT § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on , 2007, by as the (title) of the A. C. Distribution Inc., a Texas corporation, on behalf of the corporation. NOTARY PUBLIC, State of Texas H \LEG-DIR\Jeannie\Gary\Amendment-ACDistribution 070328.doc Page 3 of 3