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HomeMy WebLinkAboutC2007-464 - 12/11/2007 - ApprovedB~JaINE INCENT~IIE PROJECT AREEN~ENT This Business Incentives Project Agreement ~" project Agreement"} is entered into between the Carpus Christi Business and Job development Corporation ~"Corporation"~ and the Cityof Corpus Christi, Texas {"City"~. 11VHEREA, the Texas Legislature in section 4A of Article ~1Q.5,11ernon's Texas Revised Civil statutes ~Developrr~ent Corporation Act of ~ 979} empowered kcal communities Frith the ability to adapt an optional local sales and use tax ~~ means of improving the econor~ic health and prosperity aftl~eir citizens; IHEREA, on November ~, 2a02} residents of the City of Corpus Christi ~4'City"} assed Proposition ~, New and Expanded Business Enterprises, v~rhich authari~ed the p adoption of a sales and use tax forthe promotion and development of near and ex anded business enterprises at the rate of ane-eighth of one peroent to be imposed p for 1 years, ~IIHERE~, the ~ 1 cent sales tax authorised by passage of Propaition ~ was subsequ~rtly enacted by the City Council and filed ~vith the Btate Comptroller of Texas, effective April ~, X99, to be administered by the Corporation's Board of Directors; V~HEREA, the Corporation exists far the purposes of encouraging and assisting entities in the creation of jabs for the citizens of Corpus Christi, Texas; VI~HEREA, the Board of Directors of the Corporation ~"Board"}, an September 1g, ~Oa7, amended the Corporation's Guidelines end Criteria for Granting Business Incentives; VI~HEREA~, Section ~1 of the Texas Bevelopment Corporation Act of ~ 979, Art. ~~ 99.6, 1lernan's Texas Revised Civil statutes, requires the City Council to approve all programs and expenditures of the Corporation; V1~HEREA, the City Council approved the Corporation's amended Guidelines ar~d Criteria for Granting Business lncer~tives on epter~ber 1$, X067; HEREA, CGRE Chapter ~~~ has submitted ~ propasal to the Corporation to re uest business incentives of approxirr~ately X9,167 to be used to assist BC~RE Chapter 2~1 in its operation of the internship program to assist small business employers in the City of Corpus Christi; 'WHEREAS, the Board has determined that it is in the best interests of the citizens of Carpus Christi, Texas that business incentives be offered to BCRE Chapter ~2~ 1NHEREA, the Carporation and BCGRE Chapter 2~1 have executed an agreement to rant business incentives to BCGRE Chapter~~~ far the creatian of jobs to assist small 9 business emplayers Business Incentives Agreement. ~ao~-~~~ f ity Old 113.d~~ ~~~ ~1 ~~ •~ 41C~R~ Proje~ Agreemen# 4A-Ci#y 0~1 ~ ~3.dac ~~E ha ter Z2~ Page 1 of In consideration ofthe covenants, promises, and conditions stated in this Project Agreement, the Corparation and the City agree follows; ~, Pro~eot 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 SCONE Chapter ~~~ for the Creation of fobs to sssist small business employers between the Corporation and CGRE Chapter 2~1 ~. Term. The term of this ProjectAgreement runs concurrently with the term of the Business I ncentives Ag regiment. 3. ervicee to he Provided by Dity. a. The City Nlansger, or the City I~lanager' designee, shall adrninisterfunding on behalf of the Corporation. ~. The City Manager, or the City Manager's designee, shall perform contact administration responsibilities outlined in the Business Incentives Agreement for the Corporatian~ 4. Appropriation of fund. Anyfuture payments by the City are subject to appropriation of funds by City's Council ~. effective Date. The effective date of this Project Agreement is the latest date that either parley executes this Agreement. . ~4mendment or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person defy authorized to sign agreements on behalf of each parley. 1. everability. 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 law orbyafinl judgmentofa courkof competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances otherthan 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 farce and effect for its purpose. b. To the extent that any clause or prevision is held illegal, invalid, or unenforceable under presenter 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 CDRE project Agreement 4A-pity X711 ~ ~.~oc H;ILEG-DIR1SharedlGarySl~ge~d~1~DOT112-111SCO~E Rra~ect P~greemenk 4A-Ci#y 4Ti 113.doc Page ~ of ~ clause or provision, a~ similar in terms to the illegal, invalid, or unenforceable clause or praviion a may be posih~e and he legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. aptior~s. ~rhe captions in this Project Agreement are for convenience only and are not a art of this Project Agreement. the captions do not in any way lir~if or a~npiify the p term and provisions of this Project Agreement, The pity of opus ~hriti G rge K. Noe Ci#y Manager # ~~~~J Date: R `fb Attest Armando Chapa City Secretary Approved a to Legal Form this nary rr~ith Assistant pity Attorney far pity Attorney ~rpu ~hri#i business ~ Jib Develo~menf ~~porati~n ~ 4~ Date: ~ 'Q °~ ~ ~ day of December, 200, `~S D~ ~'~ ! , Auk xutl~cc. 11 COUNO~I,.. ~~.~[ D~ nw ~iG CDRE Project Agreement 4A-City ~7~ 11 ~.dac H:II.EG-DIRIS~aredlG~rySlagenda1~~07112-1115CQRE= Pro~eckl~gre~mer~t 4A-C~ty47il~3.doc Pageof~