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HomeMy WebLinkAboutC2007-465 - 12/11/2007 - ApprovedBUSINESS iNCENT~VES PROJECT ACREEME~IT 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„}. 1NHEREAS, the Texas legislature in Section ~A of Article a1g0.~, llernon's Texas Revised Civil Statutes Development Corporation Act of 19}~~ empowered local communities ~uith the ability to adopt an optional local sales and use tax ~ means of improving the economic health and prosperity of their citizens; VIIHERE~, on November , 2gg2, residents of the City of Corpus Christi ~„City"} passed Proposition ~, New and Expanded Business Enterprises, v~hich authorized the adoption of a sales and use tax far the promotion and development of near and expanded business enterprises at the rate of one-eighth of one percent to be imposed for ~~ years, 1~1IHERE~4S, the ~ I cent sales tax authorized by passage of Proposition 2 vua subsequently enacted by the City Council and filed Frith the State Comptroller of Texas, efl:ective April 1, ~Og, to be adrr~inistered by the Corporation's Board of Directors; IIVHEREAS~ the Carporatian exits far the purposes of encouraging and assisting entities in the creation of jobs far the citizens of Corpus Christi, Texas; 1~IHEREA, the Board of Directors of the Carporatian ~"Board"}, an Septen~l~er 1 g, ~Og~, arnended the Corporation' guidelines and Criteria far granting Business ! nee ntives; VI~HEREA~, Section ~1 of the Texas Development Corporation Act of 1978, Art. 1 ~~.~, ernan's Texas Revised Civil Statutes, requires the City Council to arpprove ail programs and expenditures of the Carporatian; 'VI~HEREI~S, the City Council approved the Corporation's amended guidelines and Criteria far granting Business Incentives on September 1 S, ~OD7; V1~HEREA, Del Mar College has submitted a proposal to the Corporation to request business incentives of approximately 1 ~,~~ to be used to assist Del Mar College in its operation of the internship program to assist small business employers in the City of Carpus Christi; VI~HERE~4, the Board has determined that it is in the best interests of the citizens of Carpus Christi, Texas that business incentives be offered to Del Mar College WHEREAS, the Corporation and Del Mar College have executed an agreement to grant business incentives fo Del Mar College for the creation of jobs to assist small business emp4oyers (Business Incentives Agreement). X007-45 des. 07533 12~111~7 ~~~ ~ ~ ~.aoc l~el ~Ifar Pra~ect Agreement 4A-Ciky 0~1113.doc Del Near college page ~ of In consideration of the covenants, promises, and conditions stated in this Project Agreement, the corporation and the pity agree as follows 1, Pre'ect A regiment to Implement Business incentives Agreement. This Project 1 9 A regiment between the pity and the corporation is executed to implement the g A reementto grant Business Incentives to Del Isar college forthe creation of Jabs to g assist small business employers between the corporation and Del filar college ~. Term. The terra of this Project Agreement runs concurrently with the term of the business Incentives Agreement. 3. services to he Previded by pity. a. The pity 11~anager, or the pity tanager' designee, shall administer funding on behalf of the corporation. b. The pity Manager, or the pity Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the corporation. 4. Appropriation ~f Funds. Anyfuture payments by the Gity are subjectto appropriation of funds by pity's council. 5. effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. fi. Amendments or Modifications. No amendments or modifications to this Project A regiment ray be made, nor any provision waived, unless in writing signed by a g person duly authorised to sign agreements on behalf of each partyF 7". evecsbility. a. If far any reason, any section, paragraph, subdivision, clause, provision, phrase orv~ord of this ProjectAgreement orthe application of this Praject A reer~ent to any person or circumstance is, to any extent, held illegal invalid, or g unenforceable underpresentorfuture law orbyafinal judgmentof courtof competent jurisdiction, then the remainder of this Project Agreement, or the lication of the terra ar provision to persons or circurntances otherthanthose pp as to which it is held illegal, invalid, or unenforceable, wild not be affected by the law or~udrnent, for it is the definite intent ofthe parties to this Praject A regiment that every section, paragraph, subdivision, clause, provision, phrase, g or vuord of this Project Agreement be given full force and effect far 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 A regiment, then the remainder of this Praject Agreement is not affected by the g law, and in lieu of any illegal, invalid, er unenforceable clause ar provision, ~ clause or provision, as similar in terms to the illegal, invalid, or unenforceable del Mar Prflje~t Agre~rnent ~A-City ~~1 ~ 13.doc ~I:LLEG-pIf~ISharedlGary~lsgendal2~ll1~-~ 11Qe~ Mar project Agreemenk 4A-City 011113.dac Page ~ of olause or provision ~ r~ey be possible and he legal, valid, and enforceable, gill be added to this Project Agreementnutomatically. 8. captions. The captions in thjs Project Agreement are for convenience only and are not ~ part of this Proje~tAgreement. The captions do not in any uvay limit or amplify the terms and provisians of this ~rojeotAgreement. the it of opus Christi Ge rge K. Noe City Manag~r~~l~d Date: ~ Attest Armando Chapa City Secretary Approved ~ to Legal ~orrn this i~ G ry .Smith Assistant City Attorney for City Attorney ~rp~s Christi Bu~~nes ~ Joh Development orpora~ti~n Date: ~ ~ O ~(~ C~ Q ~~ U~ ~U~~[~r~ .~ „~,,~~.. ~~ L~~~~I~ .. ~ . ~ r R!!llR.iR*~ 5~' day of December, 2007. Del filar Pr~jec~ Agreem~r~t 4A-City 0~1 ~ 13.d~~ H:LL~G-DI~1SharedlGary5lagendal2ijOlll~-111De1 Mar Project Agreement 4A-Gity gl1 ~ 13.dac ~~~~of