HomeMy WebLinkAboutC2008-359 - 1/29/2008 - ApprovedBUSINESS INCENTIVES PROJECT AGREEMENT
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, the City Council approved the Corporation's amended Guidelines and
Criteria for Granting Business Incentives on September 18, 2007;
WHEREAS, Susser Holdings Corporation (Susser Holdings) has submitted a proposal
to the Corporation to request business incentives of approximately $640,00 to be used
to assist Susser Holdings in its relocation of its corporate headquarters to 4525 Ayers
Street and in the creation and retention of jobs 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 Susser Holdings;
WHEREAS, the Corporation and Susser Holdings have executed an agreement to grant
business incentives to Susser Holdings for the creation and retention of jobs to assist
the relocation of its corporate headquarters (Business Incentives Agreement).
2008-359
01/29/08 .a-cay oeon zdoc
Res. 027567 ml\Emnomic Development\9A\Contrads\Susse~HOltlings Carporelion\SussarHOltlirgs Pmjep Agreemenl4A-City 0B011]tloc
Susser Holding Corp. 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 Susser Holdings for the Creation and
Retention of Jobs between the Corporation and Susser Holdings.
2. Term. The term of this Project Agreement runs concurrently with the term of the
Business Incentives Agreement.
3. Services to be 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 or 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 law 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
SusserHOldings Project Agreement 4A-City 080117.doc
H:\LEG-DIR\SharetnGaryS\Ewnomic Development\EfAOOTIL Oevelopmen114A\COnVeds\SUSSer Holtlings Corporelion\SusserHOltlings Prated Agreement 4A-Ciry 08011 ] tloc
Page 2 of 3
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 8r
Job Development Corporation
e lv~o~2.1 ~ tsCobcc.r-
j~,u,;,C~ y Manager
Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form this 23rd day of January, 2008.
/~Ga mith
l~// Assistant City Attorney
for City Attorney
Date: ~/(~~ ~ ~-(~~
' ~oC-~~~ AUTHURILta
n cour+cll.. 0 (2 OgA
~. _..... ~........ Z:? ~~c
SECRPfARV q~~•
SusserHoldings Project Agreement 4A-City 080117.doc
H1LEG-DIR\SnereClGeryS\ECOOOIIIIC DevelopmentlECOnomic DevelopmeniMA\COntreGS\Susser Holtlings Corporetion\SusserMOlairgs Project Agreement aA-City OBOt 17.Eac
Page 3 of 3