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Home My WebLink About027533 RES - 12/11/2007Page 1 of A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROJECT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO DEL MAR COLLEGE FOR AN INTERN PROGRAM TO ASSIST SMALL BUSINESSES IN CORPUS CHRISTI WHEREAS, there is a need for a project agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the business incentive agreement with Del Mar College (Del Mar) for an intern program to assist small businesses in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute the project agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the implementation and administration of the business incentive agreement with Del Mar for an intern program to assist small businesses in Corpus Christi, which is attached hereto. Armando Chapa City Secretary APPROVED as to form: December 5, 2007 it& lary . Smith Assistant City Attorney For the City Attorney 027533 CI F CORPUS CHRISTI enry Garr ft Mayor H:1LE -D1 R Sh r dl ary lagenda1 00711 -111F a -Proje tAgmt-4ABd-DeIMar.do Page 2of2 Corpus Christi, Texas 0-‘-‘ of el-MILLYA , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael {Ill Cut hon A bf 027533 H:ILE -DIR\ ar \ ary \agend l2o07\12-11)Res-ProjeotAgmt-4ABd-DelMar.doo BUSINESS INCENTIVES PROJECT AGREEMENT EEMEI T This Business Incentives Project Agreement (" Project Agreement") is entered into between the Corpus Christi Business and Job Development Corporation("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6,Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, EAS, the City Council approved the Corporation's amended ded Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Turner Industries Group, L.L.C. (TIG), has proposed the capital investment of $10,000,000 in the construction of a new administrative office building, fabrication facility, fay -down yards, and material storage area with necessary equipment and furnishings and the creation and continuous employment of 185 full-time employment positions with an average annual salary or wage of at least $49,000 each in the City of Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to TIG WHEREAS, the Corporation and TIG have executed an agreement to grant business incentives to TIG for the capital investment and the creation of jobs (Business Incentives Agreement). TIG Project Agreement 4A -City 0711 1_1.doc Page 1 of 3 In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to Turner industries Group, L.L.C., for the capital investment and the creation of jobs between the Corporation and TIG. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to e Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments r Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future Taw or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable TIG Project Agreement 4A -City 0711 1_1.doc Page 2of3 clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi Corpus Christi Business Job Development Corporation George K. Noe City Manager Date: Attest Armando Chapa City Secretary Approved as to Legal Form this 1/46-a Gary W. Sm Assistant Citi Attorney for City Attorney TIG Project Agreement 4A -City 0711 1_1.doc Date: Da 75 sy awn 7 day of December, 200 7. Page 3of3 3.AUTHORILLi