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HomeMy WebLinkAboutC2018-544 - 9/12/2018 - NA DOWNTOWN DEVELOPMENT REIMBURSEMENT AGREEMENT- STREETSCAPE AND SAFETY IMPROVEMENT PROGRAM-Goldfish This Downtown Development Reimbursement Agreement (the "Agreement") is entered into by and between the City of Corpus Christi,Texas(the "g_q"), as the agent of the Corpus Christi Tax Increment Reinvestment Zone#3("TIRZ#3"),and Goldfish Holdings,LLC(the"Developer"). Recitals WHEREAS on December 16, 2008, the City Council of the City (the "City Council") approved Ordinance 027996,which established the TIRZ#3 in accordance with Texas Tax Code Chapter 311.TIRZ#3 promotes economic development and stimulates business and commercial activity in its downtown Corpus Christi area(the"Zone"); WHEREAS on August 25,2015,the City Council approved a Project and Financing Plan(the"Plan")for TIRZ #3 and the Plan has been adopted and amended annually; WHEREAS the Board of Directors of TIRZ#3(the"Board")includes members of the City Council in a non- public-official capacity,as well as a representative from each Nueces County and Del Mar College,who have committed to contribute to TIRZ#3 through Interlocal Agreements created in 2009 and amended in 2012 and 2016; WHEREAS the Corpus Christi Downtown Management District {"DMD") assists the City with administration of TIRZ#3,recommends projects and recommends a DMD representative to be appointed to the Board through an Interlocal Agreement; WHEREAS on November 10, 2015, the City Council approved Ordinance 030680, which amended Ordinance 027996 and authorized the Board to approve agreements in this form,to be entered into by the City,as the Board considers necessary or convenient to implement the Plan and achieve its purpose; WHEREAS the Plan contained certain programs designed to improve conditions and increase commerce within the Zone; WHEREAS the Developer has proposed a development plan (the "Development") for the certain work listed on attached Exhibit A(the "Work")The Work consists of planned exterior work on the property located at 724 N. Mesquite Street,with such property being more fully described on attached Exhibit B (the"Property"). The Property is located within the Zone,and the Work falls within the Streetscape and Safety Improvement Program; WHEREAS the Development concept has been refined through cooperation between the Developer,the City and the DMD to meet the desired goals of revitalization within the Zone and serve a public benefit; WHEREAS any reference to"City"or"City Staff,"is entirely in agency capacity for TIRZ#3,and further the City as a home-rule municipal corporation is not a party to this agreement;and WHEREAS the Developer desires to be reimbursed for certain future costs incurred pursuant to the Development, and TIRZ#3 desires to reimburse the Developer for these costs in accordance with this Agreement; 1 C2018-544 9/12/18 Goldfish Holding LLC SCANNED Section 4. Maintenance of Property and Work. Developer must maintain the property for the entirety of the Agreement in accordance with the City's Property Maintenance requirements. Citations from the Code Enforcement for property maintenance issues will initiate termination provision(Section 6). If the Developer completes the Work, the Developer shall maintain the Work, premises, and adjacent public right of way in good condition and so as to not contribute to blight in the Zone.The Developer's obligation to maintain the Work and public right of way adjacent to the Property, includes without limitation,maintaining the landscaping,sidewalks,aesthetics,and general cleanliness of the premises. Section 5. Termination. Unless sooner terminated in accordance with this Section,this Agreement shall survive the expiration of TIRZ #3. If the Developer has not fully complied with Section 2 Conditions for Reimbursement by the Completion Date, this Agreement shall terminate immediately, unless mutually agreed to in writing in accordance with Section 16, Three citations from the City's Code Enforcement Division for property maintenance violations and/or one Code Enforcement citation that results in the City abating the property will initiate a review process by the TIRZ#3 Board,at which time the Board may elect to terminate the Agreement. Section 6. Warranties. Developer warrants and represents to City the following: (a) Developer, if a corporation or partnership, is duly organized, validly existing, and in good standing under the laws of the State of Texas,and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi,Texas. (b) Developer has the authority to enter into and perform,and will perform,the terms of this Agreement. (c) Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed,and has timely paid and will timely pay all assessments,fees,and other governmental charges,including applicable ad valorem taxes,during the term of this Agreement. (d) If an audit determines that the request for funds was defective under the law or the terms of this agreement,Developer agrees to reimburse the City for the sums of money not authorized by law or this Agreement within 30 days of written notice from the City requesting reimbursement. (e) The parties executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. (f) Developer does not and agrees that it will not knowingly employ an undocumented worker. If,after receiving payments under this Agreement,Developer is convicted of a violation under 8 U.S.C.Section 1324a(f),Developer shall repay the payments at the rate and according to the terms as specified by City Ordinance,as amended,not later than the 120th day after the date Developer has been notified of the violation. Section 7. Force Majeure. If the City or Developer is prevented,wholly or in part,from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies,fires, floods,governmental restraint 3 determined by the City,the following actions must be taken for any default that remains uncured after the Cure Period. (a) Developer shall immediately repay all funds paid from TIRZ#3 funds under this Agreement. (b) Developer shall pay reasonable attorney fees and costs of court. (c) The City and TIRZ#3 shall have no further obligations to Developer under this Agreement. (d) Neither the City nor the TIRZ#3 may be held liable for any consequential damages. (e) The City may pursue all remedies available under law. Section 13. No Waiver. (a) No waiver of any covenant or condition,or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. (b) No waiver of any covenant or condition,or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. (c) Any waiver or indulgence of Developer's default may not be considered an estoppel against the City or TIRZ#3. (d) It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement,the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have,will not be considered a waiver on the part of the City,but City may at any time avail Itself of the rights or remedies or elect to terminate this Agreement on account of the default. Section 14. Available Funds. Developer specifically agrees that City and the TIRZ#3 shall only be liable to Developer for the actual amount of the money due Developer under this Agreement from TIRZ#3 funds,and shall not be liable to Developer for any actual or consequential damages,direct or indirect,interest,attorney fees,or cost of court for any act of default by City or the TIRZ#3 under the terms of this Agreement. Payment by City is strictly limited to the total amount of increment funds for TIRZ #3. City shall use its best efforts to anticipate economic conditions and to budget accordingly. However,it is further understood and agreed that,should the actual tax increment funds be less than the total amount paid to all contracting parties at the time,then in that event,all contracting parties shall receive only their pro rata share of the available increment funds for that year,as compared to each contracting parties'grant amount for that year,and City and the TIRZ#3 shall not be liable to for any deficiency at that time or at any time in the future. In this event, City will provide all supporting documentation, as requested. Reimbursements paid to Developer shall require a written request from Developer accompanied by all necessary supporting documentation,as outlined in Section 2. Section 15. Notices. Any required written notices shall be sent by certified mail,postage prepaid,addressed as follows: 5 Section 20. Sole Agreement. This Agreement constitutes the sole agreement between City and Developer. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. APPROVED AS TO FORM: J day of t+NAl ,2018. GLui/' = Assistant City Attorney For City Attorney 00i By: �L"r_� ./// City Manager/Desi: ee i 4,' Date: AO City of Co a us Christi on behalf of Tax Increment Reinvestment Zone#3 Attest: BY. , i i I .i ‘-i------".---- A .4 t/� Rebecca Huerta City Secretary 1 1-Z AUTHUKILu Developer J ITt w x yv By: � .. ..,.0,2Y, President/Chie Exe utive Officer Date: q it 11 7 Exhibit A— Project Description The Gold Fish is a mostly outdoor,biergarten style bar located on the corner of Mesquite and Taylor Streets in Downtown Corpus Christi.Originally a gas station,the stand alone building in which the Gold Fish is located has character and history that each of the business owners honor,while taking into consideration the modern wants and needs of people today. The Gold Fish will install 2 gooseneck light fixtures and 2 Vivotek surveillance cameras in order to help improve pedestrian safety at night.A double-sided wood sign with a carved goldfish covered in 23 karat gold leaf will also be installed to increase the biergarten's viability. _ ..-..•,' . • l t t \.....t.p• " -11-4- ' ...\ \\... . t r` , ' , +r'ti 1 i p S i k • I t j; r�tct' '•Go,N5SC 1 ` 4•* t `/ .,'./ _ - B.6 /,, �,'f : i , t ,, .,s,:ti---' ... „, . r) I. ft")''' I SI .V • t 'Cr `. - F.- (7....) , enar eft mei ' '� r 711/-' .• ---.-'--- . _A .: � _, . • -waliugliim_,_ • i` : t .. •r�1 Y:1. err . . 1 Exhibit D—Request for Reimbursement Form Cny of Corpus Christi-City Manager's Office Corpus Chrun Oowntown Management WStriCt Tax Increment Reinvestment Zone #3 Request for Reimbursement Project Name Grant Program. Type of Reimbursement ['One Time { JRe-occurring(First Payment) Requestor Date Requested improvement Estimated Cost Actual Cost Invoice peregnmere rye q per Aura ed Dramertateel Relerenoe 1) 2) TOTAL Attached is the Following 1) Executed TRI 43 Rembursement Agreement i 2) Cert,ficate of Occupancy Date. EJ 3 Documentat on of Expenses Signatures for Submittal Authcrr:ed Deae!oper Date Author;:ed General Contractor Date- An sintini fda a ItequettJor Assisnioursement wig roc be processed Athol o hard copy and orenbirord PDF version to.•"sr;5.16': tr.:s cam.upon receipt of find anpeadon mil be sr bedded Signatures for Approval Process Request Reed By City Documentation Complete Inspection of Project' Notes Reimbursement Approved by TIRZ u3 Board Date *ax i^crerrent Fe+t:es-n`e^.t zone e3 Request for s;e:mrursement Updated 0 tcber 20:5