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HomeMy WebLinkAbout027210 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 MCTURBINE, INC., FOR THE CREATION OF JOBS TO EXTEND THE TERM OF THE PROGRAM AGREEMENT. WHEREAS, the Corpus Christi Business and Job Development Corporation, the CNiy of Corpus Christi, and McTurbine, Inc. executed an agreement for the purpose of providing business incentives to McTurbine, Inc., a Texas corporation, a wholly owned subsidiary of AAI Services Corporation, 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. VIMM1EREAS, the parties to the Agreement desire to execute this First Amendment to the Agreement to cure any missed deadlines, more clearly define ownership of the project site, and extend the term for an additional twelve (12) 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 between the Corpus Christi Business and Job Development Corporation and McTurbine, Inc., a Texas corporationto extend the term of the agreement for an additional twelve (12) month period. SECTION 2. The City Manager, or his Designee, is authorized to execute the First Amendment to the Agreement to Grant Business Incentives to McTurbine, Inc. for the Creation of Jobsa copy of the amendment is attached as Exhibit "A". ATTEST: CITY OP CORPUS CHRISTI Armando Chapa Henry Gar ett City Secretary Mayor APPROVED AS TO FORM: April 4, 2007 ONVOI . Smith Assistant City Attorney For the City Attorney H:\LEG-DIR\Shared\GaryS\agenda\2007\4-10\Res-AmendAgmt-McTurbine.doc 027210 Cor • u hristi, Texas of Page 2 of 2 , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-DIR\Shared\GaryS\agenda1200714-101Res-AmendAgmt-McTurbine.doc FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO MCTURBINE, INC. FOR THE CREATION OF JOBS This first amendment ("First Amendment") to the Agreement to Grant Business Incentives to McTurbine, 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 McTurbine, Inc., ("McTurbine"), a Texas corporation, a wholly owned subsidiary of AAI Services Corporation. WHEREAS, the Corporation, City and McTurbine executed the Agreement for the purpose of providing business incentives to McTurbine 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 McTurbine in the completion of its obligations under the Agreement; WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise the provisions of the Agreement to cure any missed deadlines, more clearly define ownership of the project site, and extend the term for an additional 12 months. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows Section 1. Section 1 1 of the Agreement is amended to read as follows: "SECTION 1.1. Project. "McTurbine, Inc., shall construct a new 40,000 square foot or larger facility and engine test facility, to be built on property owned by KALZ, LLP, a Texas limited liability partnership, with a ten year lease to McTurbine, Inc., with all improvements owned by McTurbine, Inc., at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas 78405, ("Facility"), for total McTurbine, Inc., capital investment of Three million one hundred dollars ($3,100,000). McTurbine desires the assistance of the Corporation. The Facility shall be utilized by McTurbine. Inc., for its distribution, maintenance, repair, and fabrication of helicopter engines and components." Section 2. Section 3 1 of the Agreement is amended to read as follows: H \LEG-DIR\Jeannie\Gary\Amendment-McTurbine 070328 (GWS) doc Page 1 of 4 Exhibit A 3.1 "McTurbine, Inc., agrees to construct new 40,000 square foot or larger production facility and engine test facility, ("Facility"), to be located on property owned by KALZ, LLP, a Texas limited liability partnership, with a ten year lease to McTurbine, Inc., with all improvements owned by McTurbine, Inc., at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas 78405. more fully described in Exhibit A." Section 3. The second section 3.2 of the Agreement is amended to read as follows: 3.2 "McTurbine, Inc., agrees that construction of the facility shall be completed within 42 24 months of execution of this agreement." Section 4. Section 4.1 of the Agreement is amended to read as follows: 4.1 "McTurbine, Inc., agrees to create and maintain at least one hundred (100) new full-time jobs, permanent jobs at its Facility within three four years from April 27, 2005, the date McTurbine, Inc., submitted its application for business incentives to Corporation. A full-time permanent job is one that provides at least 2,080 hours annually." Section 5. Section 7.2 "Term' of the Agreement is amended to read as follows: 7.2 Term. "The term of this Agreement is five six years from the Effective Date." Section 6. 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 Agreement not changed by this First Amendment remain the same and in full force and effect. H \LEG-DIR\Jeannie\GaryWmendment-McTurbine 070328 (GWS) doc Page 2 of 4 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSINESS & JOBTIDEVELOPMENT CORPORATION Signature Printed name: Date: Title STATE OF TEXAS § COMITY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: 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,1LEG-DIRUeannie\GaryWmendment-McTurbine 070328 (GWS).doc Page 3 of 4 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Date: APPROVED AS TO FORM: Gary W. Smith Assistant City Attorney for the City Attorney George K. Noe City Manager Date: McTurbine, Inc., a Texas corporation and a wholly owned subsidiary of AAI Services Corporation, a foreign corporation authorized to do business in Texas Signature Printed name: Date: Title STATE OF TEXAS § COUNTY CF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by as the (title) of McTurbine, Inc., a Texas corporation, on behalf of the corporation. NOTARY PUBLIC, State of Texas H 1LEG-OIR\Jeannie\GaryWmendment-McTurbine 070328 (GWS).doc Page 4 of 4