HomeMy WebLinkAboutC2007-470 - 12/18/2007 - Approved~L~INE INCEh1TI11E P~~JECT AGREEMENT
This Business incentives ~rajectAgreement ~" PrajectAgreement"} is entered into
between the Corpus Christi Business and Job Development Corporation ~"Corporation"}
and the City of Corpus Christi, Texas ~"City"~~
1~HERE~-, the Texas legislature in Section 4A of Article ~1 g8.~, llernan's Texas
Revised Civil Statutes Development Corporation Act of 19~9~ empowered local
communities with the ability to adapt an optional local sales and use tax as ~ means of
improving the economic health and prosperity of their citizens;
~UHEREAS, an November 8, ~Dg~, residents of the City of Corpus Christi ~"City"}
passed ~raposition ~, I~ew and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax far the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be imposed
far ~ years,
VI~HEREA, the X18 cent sales tax authorized by passage of Proposition ~ was
subsequently enacted by the Cify Cauncii and filed with fhe State Comptroller of Texas,
effective April 1, 2008, to be adrr~inistered by the Corporation's Board of Directors;
1~HEREA, the Corporation exists for the purposes of encouraging and assisting
entities in the creation of jobs far the citizens of Carpus Christi, Texas;
VIfHERE~4, the Board of Directors of the Corporation ~"Board"}, an Septer~ber ~0,
~00~, amended the Corporation's Guidelines and Criteria far Granting Business
[ ncentives;
VIIHEREA, Section 21 of the Texas Development Corporation Act of ~ 0~0, Ark. 5~ 9D.8,
Ilernon's Texas Revised Civil Statutes, requires fhe City Council to approve all
programs and expenditures of the Corporation;
UVHEREA, the City Council approved the Corporation's amended Guidelines and
Criteria far Granting Business Incentives on September 18, 2007';
1~VHEREAS, APAC Customer Services, [nc, has submitted a proposal to the
Corporation to request business incentives of approximately $400,000 to be used to
assist APAC Customer Services, [nc. in its renovation and remodeling the facility at 80~
North Carncahua in Carpus Christi, Nuece County} Texas, {"Facility"}, fortotl APAC
Custarner Services, lnc, capital investment of Six Hundred Twentywfive Thousand
Dollars ~6~8,0D0} to allow APAC Customer Services, lnc~ to retain 418 full-time and 8l
park-time employment positions at Facility;
IHEREA, the Board has determined that it is in the best interests of the citizens of
Carpus Christi, Texas that business incentives be offered to APAC Customer Services,
Inc.
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des. 0748
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AAA ~us~, PVC. Incentives PI~~IECT AGREE~I~NT.doc
1NHE~EAS, the Corporation and APAC Customer services, Inc. have executed an
agreement to grant business incentives to APAC Customer services, Inc. far the
retention of jobs Business Incentives Agreement}.
Inconsideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation and the City agree a follows:
1, Project Agreement to implement business Incentives Agreement. This Project
Agreement between the City and the Corporation is executed to irr~plement the
Agreement to grant Business Incentives to APAC Customer services, Inc. far the
detention of Jobs between the Corporation and APAC Customer services, Inc.
~, Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
~. services to be Provided ~ Cif .
a. The City Manager, or the City Manager's designee, shall adrniniterfunding 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.
~. effective date. The effective date of this Project Agreement is the latest date that
either party executes this Agreement.
. Amendments or Modifications, No amndrr~ents or modifications to this Project
Agreement may be made, nor any provision waived, unless in writing signed by a
person duly authari~ed to sign agreements on behalf of each porky.
7. everability~
a. 1f for any reason, any section, paragraph, subdivision, clause, provision, phrase ar
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 ar future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this ProjectAgreement, or the application of the term or provision to
persons or circumstances other than thane as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, far it is the definite intent of
the porkies to this ProjectAgreement that every section, paragraph, subdivision, clause,
provision, phrase, or word of this ProjectAgreement be given full force and effectfar its
purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future lava effective during the term of this Project Agreement, then the
rerr~a'rnder of this Project Agreement is not affected by the lave, and in lieu of any illegal,
invalid, or unenforceable clause or provision, ~ clause or provision, as similar in terms to
the illegal, invalid, or unenforceable clause or provision a may be possible and be
legal, valid, and enforceable, v~iif be added to this Project Agreement automatically,
S. captions. The captions in this Project Agreement are for convenience only and are
not a part of this ProjectAgreernent. The captions do not in any v~ay limit or amplify the
terms and provisions of this Project Agreement,
The pity of corpus Christi
Ge rg K. Noe
City Manager ~ ~ ~~~
Date:
Attest
Armando Chapa
City Secretary
corpus hrist~ Business
Job Development orporat`ron
t
C G~ a r~ m ~.n~
EI Sa z r
Chairperson
Date: 1 ' ~~ ~ g
Approved as to Legal Form December 1, 2007.
Lisa Aui! r
Assistant pity Attorney
for Dity Attorney
~~
~~~~~. ~.
-~ .
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