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HomeMy WebLinkAboutC2007-095 - 4/10/2007 - ApprovedFIRST 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 lnce~ntive~ to A. C. Distribution, Inc.. for the Creation of Jobs ("Agreement") is made by anct betw~en the Corpus Christi Business and Job Development Corporation ("Ct~rpora#~on"), the City of Corpus Christi ("City"), and A. C. Distribution, Inc., ("A. C. Ois~'ibution") a Texas corporation WF~REAS, the Corporation, City and A. C. Distribution executed the Agreement for the pur~ose of providing business incentives to A. C. Distribution to construct a new facility and to create 100 new jobs; WI•~REAkS, the term of the Agreement was stated as five years from the date of ex~ution of the contract; WI~REAS, economic factors caused excusable delays for A. C. Distribution in the cor~letion of its obligations under the Agreement; WF~REAS, the parties to the Agreement desire to execute this First Amendment to rev~e the provisions of the Agreement to cure any missed deadlines and extend the terrt~ for an additionaf 24 months. NQ~V, Ti~REFORE, the parties to the Agreement agree to amend the Agreement as folldws . Se~ion 9. Section 7_ of the Agreement is amended to read as follows: "S"~CTION 2. Tmrm. "The term of this Agreement is #+~e seven years from the Effective Date." Se~ion 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 ne~nr full-time (2,Q$0 hours/year) permanent jobs at the Facility within ##Fee fiv~e years of the Effective Date. A full-time permanent job is one that pr€~vides at least 2,080 hours annually. The jobs shall be primarily er~aged in serving a customer base outside a 50-mile radius of the city of Corpus Christi Se~ion 3. By execution of ±his first Amendment, the parties agree to be bound by the am~nded term provision. All other provisions, obligations, and conditions of the ?007-095 0~/10/097 iment-ACD~stribution 070328 doc Res02?20y Page 1 of 3 ~~. ( . Distribution _ _ ,.. ~:,._. _~ ~_ . . .,,.. ,.. _.~, . Agrsement not c~anged by this First Amendment remain the same and in full force and effect. _EX~UT~~ IN DUP IC~-TE, each of which is considered an original, on this the ~-day of ____ , 2007. COF~US CHRISTI BUS#NESS & JOE~:DEN~LOPMENT GORPORATION f j ~~~ ~ ~' ~ 1. ture itle ,~ P' d n a~nn : ~~ l ~~~ ~~~~-l,I ICvI Date: ~ z.. ACKNOWLEDGMENT STA~'E OF TEXAS § § KNOW ALL BY THESE PRESENTS: COI~VTY OF NUECES § This :~nstr~nent as acknowledged before me on ~_ 2 2007, by ~0.,• ~.,~1. '~~~Ana.~n as the e.A~,ri. yY,a,.~ (title) of tf~ Corpus Christi Business and Job Development Corporation, a Texas nonprofit cor~ratian, on behalf of the corporation. ~~ . ; (seai) NOTARY PUBLIC, State of Texa ,ot,'.'~~,, ppgpllNDA S CORTEZ ~'!f ° Notary PubllC i' ~~~ STA7E OF TEXAS ~`~?~- My Comm, F~cp. 11•~4-2008 ti:\LE4DIRWe~nnie\GarylAmendment-ACDistribution 070328.doc Page 2 of 3 ATTfST: ~~~~ Ar-~ndo Chapa City Secretary Dat~: ~/' a ~ -~ CITY OF CORPUS CHRISTI G e K. Noe City Manager ~-1~--~~~ Date: APF~tOV~D AS TO FO~tM: /-~-~ ~ 3, c'~a J ~ G ry ~mith Ass~tant City Attorney for tfie City Attorney A. C. Dis~ribution, Inc. , ~ - °` L ~ 4 ;~'~.~.~ ~~ ~ _~ ~v ~~~r~ Sig~-atu r~ Title Prit~ed n~ne: ~`-~-(~L~~. ~~ ~'~L{,~'~~ f Da~e: 3 __ ACKNOWLEDGMENT ~ '~ AU I MUrc~~,~ ~ ~~~~~.~a ~ ~ .....~-.,,,_... SfCR~~ ST~1TE C'~ TEXAS § § KNOW ALL BY THESE PRESENTS: CQ~INTY OF NUECES § Th~ instrument was adcnowledged before me on ~d' 3 __ , 2007, by ,~~~~ E• Mkhd4~ I as the t eh, (title) of ~e A. C. Distribution, Inc., a Texas corporation, on behalf of the corporation. ~ NOTA Y PUBLIC, State of exas •"°^~ ~'• ROSALINDA S COR7Et ''~~E'l~e~~ NOt9ry Public s, { ~~~~ +~ STATE OF TEXAS ~ „o~ My Comm. Exp. 11•24•2008 H \LEG-DIRUeannie~Gary~Amendment-ACaistributior 070328.doc Page 3 of 3