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
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Corpus, Christi, Texa
of
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, 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
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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
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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
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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
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