HomeMy WebLinkAbout12-14-15 Meeting of the La Porte Development Corporation Board of Directors
RICHARD WARREN, PRESIDENTRICHARD WARREN, PRESIDENTMIKE CLAUSEN, BOARD MEMBERMIKE CLAUSEN, BOARD MEMBER
MIKE COOKSLEY, VICEMIKE COOKSLEY, VICE--PRESIDENTPRESIDENTRANDY WOODARD, BOARD MEMBERRANDY WOODARD, BOARD MEMBER
JAY MARTIN, BOARD MEMBERJAY MARTIN, BOARD MEMBERNANCY OJEDA, BOARD MEMBERNANCY OJEDA, BOARD MEMBER
CHUCK ENGELKEN, BOARD MEMBERCHUCK ENGELKEN, BOARD MEMBER
CITY OF LA PORTE DEVELOPMENT CORPORATION MEETING AGENDACITY OF LA PORTE DEVELOPMENT CORPORATION MEETING AGENDA
Notice is hereby given of a meeting of the City of La Porte Development Corporation to be held on Notice is hereby given of a meeting of the City of La Porte Development Corporation
to be held on
December 14, 2015December 14, 2015, at the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, , at the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte,
Texas,
beginning at 5:00 PM to consider the following items of business:beginning at 5:00 PM to consider the following items of business:
1.CALL TO ORDERCALL TO ORDER
2.STAFF REPORTSSTAFF REPORTS
Receive Financial Report Receive Financial Report -- S. Livingston S. Livingston
(a)
3.AUTHORIZATIONSAUTHORIZATIONS
Consider approval or other action of minutes of the La Porte Development Corporation Consider approval or other action of minutes of the La Porte Development Corporation
(a)
Board meeting held on November 11, 2015 Board meeting held on November 11, 2015 -- S. Harris S. Harris
Consider approval or other action authorizing an enhancement grant in an amount not to Consider approval or other action authorizing an enhancement grant in an amount not to
(b)
exceed $42,057.86 payable to Brotamonte Asset 1, LLC., for apartment building complex exceed $42,057.86 payable to Brotamonte Asset 1, LLC., for apartment building complex
located at 315 N. 2nd Street with payment to be remitted in accordance with a development located at 315 N. 2nd Street with payment to be remitted in accordance with a development located
at 315 N. 2nd Street with payment to be remitted in accordance with a development located at 315 N. 2nd Street with payment to be remitted in accordance with a development
agreement at the completion of the project agreement at the completion of the project -- S. Livingston S. Livingston
4.SET DATE FOR NEXT MEETING SET DATE FOR NEXT MEETING -- S. Livingston S. Livingston
5.Board member comments regarding matters appearing on agenda; Recognition of Board member comments regarding matters appearing on agenda; Recognition of
community members, city employees, and upcoming events; inquiry of staff regarding community members, city employees, and upcoming events; inquiry of staff regarding
specific factual information or existing policies.specific factual information or existing policies.
6.AdjournAdjourn
The La Porte Development Corporation Board reserves the right to meet in closed session on any The La Porte Development Corporation Board reserves the right to meet in closed session
on any
agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, agenda item should the need arise and if applicable pursuant to authorization by
Title 5, Chapter 551,
of the Texas Government Code (the Texas open meetings laws).of the Texas Government Code (the Texas open meetings laws).
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte
will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees,
requests should be received
24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATIONCERTIFICATION
I certify that a copy of the December 14, 2015, agenda of items to be considered by the Board of the La Porte Development I certify that a copy of the December 14, 2015, agenda of items
to be considered by the Board of the La Porte Development
Corporation was placed on the City Hall Bulletin Board on December 8, 2015.Corporation was placed on the City Hall Bulletin Board on December 8, 2015.
Patrice Fogarty, City SecretaryPatrice Fogarty, City Secretary
This is an Unaudited Statement.
City of La Porte
La Porte Development Corporation (038) Fund Summary
(Section 4B Sales Tax)
Previous
ReportFY 2015-16FY 2014-15
Unaudited Beginning Fund Balance 9/30$3,458,203$3,458,203$3,213,390
Plus Year to Date Revenues:
1/2 Cent Sales Tax---
Transfers-In---
Interest Income-391363
Total Revenues-391363
Equals Total Resources3,458,2033,458,5943,213,753
Less Year to Date Expenditures:
Payroll-6,7307,060
Supplies-1151
Services & Charges (Memberships, Training, Advertising, Legal, Utilities)-1,0336,903
Capital Outlay---
*
Debt Service Transfer-56,72290,318
Total Expenditures-64,600104,282
Estimated Year to Date Fund Balance as of 9/30/2016$3,458,203$3,393,994$3,109,471
Commitments
Pipeline Grill$300,000
Richard Industrial Group10,000
ACT Independent Turbo Service, Inc.426,000
Debt Service Reserve680,668
$1,416,668
Adjusted Year to Date Fund Balance$1,977,326
Projection Through Year End
Adjusted Year to Date Fund Balance$1,977,326
Plus: Estimated Sales Tax2,434,375
Less: Estimated Operational Costs(350,928)
Less: Debt Service Transfers(623,946)
Projected Year End Fund Balance$3,436,827
Sales tax revenues for Fiscal Year 2016 are estimated to be $2,434,375.
Previously Funded Projects (Funding in Fund 015 - General CIP Fund)
BudgetExpendituresBalance
Façade Grants407,669131,697275,972
Total407,669131,697275,972
*Debt Service Payments for Library, Bay Area Boulevard & Canada Road and Ballfields.
RICHARD WARREN, PRESIDENT
MIKE CLAUSEN, BOARD MEMBER
MIKE COOKSLEY, VICE PRESIDENT RANDY WOODARD, BOARD MEMBER
CHUCK ENGELKEN, BOARD MEMBER NANCY OJEDA, BOARD MEMBER
JAY MARTIN, BOARD MEMBER
MINUTES OF LA PORTE DEVELOPMENT CORPORATION BOARD
MEETING OF NOVEMBER 11, 2015
November 11, 2015,
The City of La Porte Development Corporation Board met on at the City Hall Council
5:00 p.m
Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of
business:
1. CALL TO ORDER
President Richard Warren called the meeting to order at 5:00 p.m. The following members of the
La Porte Development Corporation Board were present: Vice-President Cooksley, Board members
Clausen, Engelken, Martin and Ojeda. Absent: Board member Woodard. Staff Present: Corby
Alexander, Traci Leach, Sharon Harris, Scott Livingston, and Clark Askins.
(
2. CONSENT
All consent agenda items are considered routine by the La Porte Development Corporation Board
and will be enacted by one motion. There will be no separate discussion of these items unless a Board member
requests an item be removed and considered separately.)
(a)
Consider approval of minutes of the meeting of La Porte Development Corporation Board held
on October 28, 2015 – S. Harris
Board member Ojeda moved to approve minutes of the meeting of La Porte Development Corporation
MOTION PASSED.
Board held on October 28, 2015. Board member Martin seconded.
Ayes: President Warren, Board members Vice-President Cooksley,
Board members Clausen, Engelken, Ojeda and Martin
Nays: None
Absent: Board member Woodard
3. STAFF REPORTS
(a)
Receive Financial Report – S. Livingston
Economic Development Coordinator Scott Livingston provided the Financial Report.
4. PUBLIC HEARING AND ASSOCIATED MATTERS
(a)
Public Hearing to receive comments regarding proposed project of the La Porte Development
Corporation in an amount not to exceed $250,000.00, to promote and develop a new and
expanded business enterprise, through site improvements and other related improvements for
infrastructure for property located at 1010 S. Broadway Street, La Porte, TX – S. Livingston
The public hearing opened at 5:03 p.m.
Page 1 of 4
November 11, 2015, La Porte Development Corporation Board Minutes
Economic Development Coordinator Scott Livingston presented a summary.
Owner of Fischer’s Do It Best Hardware Frank Herrera spoke and informed Board members the
project estimates are being revised and are not available at the time. Mr. Herrera also advised
Fischer’s Do It Best Hardware will be the general contractor for the project.
There were no public comments.
(b)
Consider approval or other action authorizing project of the La Porte Development Corporation in
an amount not to exceed $250,000.00, to promote and develop a new and expanded business
enterprise, through site improvements and other related improvements for infrastructure for
property located at 1010 S. Broadway Street, La Porte, TX – S. Livingston
Board member Clausen moved to postpone the public hearing and consideration of this item to the
MOTION PASSED.
January 11, 2016 meeting. Board member Martin seconded.
Ayes: President Warren, Vice-President Cooksley, Board members
Ojeda, Clausen, Engelken, Martin, and Woodard
Nays: None
Absent: Board member Woodard
(c)
Public hearing to receive comments regarding proposed project of the La Porte Development
Corporation in an amount not to exceed $400,000.00, to promote and develop a new and
expanded business enterprise, through site improvements and other related improvements for
infrastructure at the former Texas Parks & Wildlife building located at 102 E. Main Street and 105
San Jacinto Street, La Porte, TX. – S. Livingston
The public hearing opened at 5:14 p.m.
There being no public comments, the public hearing closed at 5:18 p.m.
(d)
Consider approval or other action authorizing project of the La Porte Development Corporation in
an amount not to exceed $400,000.00, to promote and develop a new and expanded business
enterprise, through site improvements and other related improvements for infrastructure at the
former Texas Parks & Wildlife building located at 102 E. Main Street and 105 San Jacinto Street,
La Porte, TX. – S. Livingston
There was no action taken and the project died.
5. PRESENTATIONS
(a)
Receive presentation regarding Certification as an Accredited Economic Development
Organization (AEDO) – S. Livingston
Economic Development Coordinator Scott Livingston presented a summary and introduced Manager
of Economic Development at CenterPoint Energy John Cook to provide a PowerPoint presentation
regarding Certification as an Accredited Economic Development Organization (AEDO).
President Warren asked if the International Economic Development Councils’ have regional meetings
with the Accredited Economic Development Organizations to discuss ideas. Mr. Cook responded no.
Board member Martin asked if the accreditation process will be beneficial of the Board becoming
knowledgeable of guidelines for funding different types of projects for businesses. Mr. Cook
responded it can be an outcome and recommendations are made during the accreditation process.
Page 2 of 4
November 11, 2015, La Porte Development Corporation Board Minutes
Board member Martin asked the total cost for the program. Economic Development Coordinator Scott
Livingston responded approximately $8,000.00.
6. DISCUSSION AND POSSIBLE ACTION
(a)
Discussion and possible action regarding a proposed Request for Professional Services to
formulate an Economic Development Strategic Plan – S. Livingston
Economic Development Coordinator Scott Livingston presented a summary to formulate and
implement a new Economic Development Strategic Plan.
Board member Engelken commented it will be valuable to refresh the 2009 Economic Development
Strategic Plan with the recent growth in the City.
Board member Clausen agreed with Board member Engelken to refresh the 2009 Economic
Development Strategic Plan and commented he needs more time before making a decision.
Staff was directed to go back and perform an analysis of the strategies accomplished from the 2009
Economic Development Strategic Plan and bring back to the meeting on January 11, 2016.
(b)
Consider approval or other action to adopt the findings of the Economic Development Incentives
Committee and approve a new incentives policy for all new or expanding businesses in La Porte
– S. Livingston
Economic Development Coordinator Scott Livingston presented a summary for a new incentives
policy for all new or expanding businesses in La Porte.
Vice-President Cooksley moved to approve a new incentive policy for all new and expanding
businesses in La Porte as recommended by the Incentive Policy Subcommittee. Board member
MOTION PASSED.
Clausen seconded.
Ayes: President Warren, Vice-President Cooksley, Board members
Ojeda, Clausen, Engelken, Martin, and Woodard
Nays: None
Absent: Board member Woodard
7. SET DATE FOR NEXT MEETING
Board members set the next meeting date for Monday, December 14, 2015 at 5:00 p.m., and Monday,
January 11, 2016 at 5:00 p.m.
8. BOARD MEMBER COMMENTS
regarding matters appearing on agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information
or existing policies.
Board member Ojeda commented she is in favor of La Porte Development Corporation funds being
utilized for suitable restrooms at Five Points.
President Warren thanked those in attendance of the meeting and wished everyone a Happy
Thanksgiving.
9. ADJOURN
Page 3 of 4
November 11, 2015, La Porte Development Corporation Board Minutes
There being no further business, Vice-President Cooksley moved to adjourn the meeting at 6:44 p.m.
MOTION PASSED
Board member Martin seconded. .
Respectfully submitted,
____________________________________
Sharon Harris, Assistant City Secretary
Passed and approved on this 14 day of December, 2015.
th
____________________________________
President Richard Warren
Page 4 of 4
November 11, 2015, La Porte Development Corporation Board Minutes
REQUEST FOR LA PORTE DEVELOPMENT CORPORATION AGENDA REQUEST FOR LA PORTE DEVELOPMENT CORPORATION AGENDA
ITEMITEM
December 14, 2015December 14, 2015AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
ED General FundsED General Funds
Scott D. LivingstonScott D. LivingstonSource of Funds:Source of Funds:
Requested By:Requested By:
CIP#015.9892.993.1100CIP#015.9892.993.1100
Economic Development/TourismEconomic Development/TourismAccount Number:Account Number:
Department:
$275,972.37$275,972.37
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Amount
$42,057.96$42,057.96
Exhibits:
Requested:Requested:
1. Project Presentation Project Presentation
Budgeted Budgeted
YESYESNONO
2. Bidder Sheet Summary Bidder Sheet Summary
Item:Item:
3. Enhancement Grant Evaluation Summary Enhancement Grant Evaluation Summary
4. Enhancement Grant Application Enhancement Grant Application
5. La Porte Enhancement Grant Guidelines, La Porte Enhancement Grant Guidelines,
Revised 11Revised 11--1111--1515
6. LPDC Bylaws, Revised 2 LPDC Bylaws, Revised 2--99--0909
7. Development Agreement for Sylvan Beach Development Agreement for Sylvan Beach
ApartmentsApartments
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Brotamante Asset 1, LLC, the new Owner of the Sylvan Beach Apartments, recently submitted a completed Brotamante Asset 1, LLC, the new Owner of the Sylvan Beach Apartments, recently
submitted a completed
La Porte Enhancement Grant Application. Mr. Edwin BrotamonteLa Porte Enhancement Grant Application. Mr. Edwin Brotamontes application represents the first time that the s application
represents the first time that the
ED Board has received an enhancement grant application from the owner of an apartment complex. ED Board has received an enhancement grant application from the owner of an apartment
complex.
Both Assistant City Attorney Clark Askins and Bill Longley, Legislative Counsel for the Texas Municipal League, Both Assistant City Attorney Clark Askins and Bill Longley, Legislative
Counsel for the Texas Municipal League,
believe that state statutes allow the use of economic development funds for believe that state statutes allow the use of economic development funds for infrastructureinfrastructure,
, site improvementssite improvements
and other related improvementsother related improvementsto support new and expanding business enterprises, including commercial to support new and expanding business enterprises,
including commercial
apartment complexes. apartment complexes.
The Enhancement Grant Review Committee reviewed an Enhancement Grant Application from the Sylvan Beach The Enhancement Grant Review Committee reviewed an Enhancement Grant Application
from the Sylvan Beach
Apartments at 315 N. Second Street, which is owned by Edwin Brotamonte. The applicant collected three bids Apartments at 315 N. Second Street, which is owned by Edwin Brotamonte. The
applicant collected three bids
from contractors to complete each of the following projects: (1) Paint & Wood Repair, (2) Asphalt Repair, (3) from contractors to complete each of the following projects: (1) Paint &
Wood Repair, (2) Asphalt Repair, (3)
Landscaping, and (4) Signage. Landscaping, and (4) Signage.
The lowest bids for each of the project were offered as follows: The lowest bids for each of the project were offered as follows:
Paint & Wood Repair Paint & Wood Repair ---- $35,785.00 $35,785.00
Parking Lot Repair Parking Lot Repair ---- $35,000.00 $35,000.00
Landscaping Landscaping ---- $10,000.00 $10,000.00
Signage Signage ---- $3,330.72 $3,330.72
The sum total of these three, lowest bids is $84,115.72, and 50% of this sum is $42,057.86. Please note the The sum total of these three, lowest bids is $84,115.72, and 50% of this
sum is $42,057.86. Please note the Bid
Sheet SummarySheet Summaryfor details. Therefore, according to the terms and conditions of the La Porte Enhancement for details. Therefore, according to the terms and conditions
of the La Porte Enhancement
Grant Program, this project may receive up to $42,057.86 for these eligible projects upon completion of the work Grant Program, this project may receive up to $42,057.86 for these eligible
projects upon completion of the work
and proof of expenses paid. and proof of expenses paid.
The Enhancement Grant Evaluation Committee reviewed this enhancement project and believes that this project The Enhancement Grant Evaluation Committee reviewed this enhancement project
and believes that this project
will encourage similar rewill encourage similar re--development throughout the community of La Porte. The Enhancement Grant Evaluation development throughout the community of La Porte.
The Enhancement Grant Evaluation
Committee gave this project a score of 4.65 out of a maximum possible score of 5.0. Please see the enclosed Committee gave this project a score of 4.65 out of a maximum possible score
of 5.0. Please see the enclosed
Evaluation SummaryEvaluation Summaryfor additional detail. for additional detail.
Should the Board approve this enhancement grant request, this item of business would also need to go before the Should the Board approve this enhancement grant request, this item of
business would also need to go before the
City Council for approval, since the amount of the Enhancement Grant is greater than $25,000. For additional City Council for approval, since the amount of the Enhancement Grant is
greater than $25,000. For additional
information, please refer to page #7 of the LPDCinformation, please refer to page #7 of the LPDCs Bylaws, which were revised on 9 February 2015. (Enclosed). s Bylaws, which were revised
on 9 February 2015. (Enclosed).
Also, under advice from Assistant City Attorney Clark Askins, a new development agreement, which is intended Also, under advice from Assistant City Attorney Clark Askins, a new development
agreement, which is intended
to be used with each future project under the La Porte Enhancement Grant Program, was created and executed to be used with each future project under the La Porte Enhancement Grant Program,
was created and executed
as part of this application (exhibit attached). In order for this proposed project to move forward, the owner of the as part of this application (exhibit attached). In order for this
proposed project to move forward, the owner of the
property must sign, execute, and return an original copy of this development agreement to be included in the City property must sign, execute, and return an original copy of this development
agreement to be included in the City
Councils meeting packet. s meeting packet.
Edwin Brotamonte is prepared to give a brief presentation regarding this project and address any questions the Edwin Brotamonte is prepared to give a brief presentation regarding this
project and address any questions the
Board might have about this proposed project. Board might have about this proposed project.
Action Required by the La Porte Development Corporation:Action Required by the La Porte Development Corporation:
Consider approval or other action to offer an enhancement grant for an amount not to exceed $42,057.86 to Consider approval or other action to offer an enhancement grant for an amount
not to exceed $42,057.86 to
Brotamonte Asset 1, LLC, to be awarded at the completion of the project, conditional upon receipts and the Brotamonte Asset 1, LLC, to be awarded at the completion of the project, conditional
upon receipts and the
completion of work as indicated.completion of work as indicated.
Approved for the La Porte Development Corporation AgendaApproved for the La Porte Development Corporation Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
11/19/2015 4.754.754.254.754.75 4.65
, based on reciepts and Following is a summary of the evaluations of the La Porte Enhancement Grant Evaluating Commmittee (EGEC). If you have any questions
Average
Score
# of Evaluators
Initial Review Date:Total Average Score (out of 25)
44444
.
(281) 470-5016
$42,057.86
Total Score
1919171919
Grant to be awarded in an amount not to exceed
about the items listed below, please call the Economic Development Office at
315 N. 2nd Street; La Porte, Texas 77571
completion of work as indicated.
Sylvan Beach Apartments
Edwin Brotamonte
(713) 253-1736
Project Demonstrates a significant improvement over the existing situation.
Project will enhance Main Street's appeal to new businesses and visitors.
11/19/2015
Economic Development Coordinator
Resident, Employee of La Car Porte
Owner, Bay Port Animal Clinic
Criteria
Project will add to the beautification of Main Street.
Project will complement the surrounding buildings.
Director of Planning
Project adds value to the City of La Porte.
Recommendation:
Business Address:
Application Date:
Business Name:
Contact Name:
Phone:Evaluating Committee Members:
Title
Scott D. Livingston
Monica Rogers
Cris Santiago
Tim Tietjens
Name
604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016
SYLVAN BEACH APARTMENTS
315N.2NDSTREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Planned Improvements
Paint all wood components and metal rails of exterior structure
I.
Repair or replace all water damaged wood
II.
Power wash all brick exterior walls
III.
Landscaping
IV.
Asphalt parking lot repairs
V.
New Signage
VI.
Page 1 of20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Paint all wood components and metal rails of exterior structure
I.
Wood panels b/w Ðrst and second Ñoor
A.
Eaves
B.
Facia
C.
SofÐt
D.
Vertical Siding
E.
Doors
F.
Door Trim
G.
All steel rails
H.
Page 2 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Repair or replace all water damaged wood
II.
Wood panels b/w Ðrst and second Ñoor
A.
Eaves
B.
Facia
C.
SofÐt
D.
Vertical Siding
E.
Doors
F.
Door Trim
G.
Page 3 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
III. Power wash all brick exterior walls
Page 4 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Landscaping
III.
Create 2 landscape islands around 2 new property signs
A.
Crepe Myrtles in key areas between units in front of brick walls
B.
Evergreen hedges along property wall below Ðrst Ñoor windows
C.
Page 5 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Asphalt parking lot repairs
IV.
Repair asphalt
A.
Reseal repaired asphalt
B.
Page 6 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
New Signage
V.
Property sign at 2nd and Adams
A.
Property sign at 3rd and Adams
B.
Lease ofÐce signage on 2nd and 3rd street
C.
Building IdentiÐcation signage
D.
Remove old signage
E.
Page 7 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 8 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 9 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 10 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 11 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 12 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 13 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 14 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 15 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 16 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Signs By Tomorrow
$575.662$1,151.32+ Tax
MDO Panels
$45.004$180.00
+ Tax
Posts
$25.004$100.00+ Tax
Post Caps
$89.9512$1,079.40
+ Tax
Building Signs
$225.001$225.00
Remove sign
$595.001$595.00
Install signs
$3,330.72
Page 17 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 19 of 20
SYLVAN BEACH APARTMENTS
315 N. 2ND STREET
LA PORTE, TX 77571
La Porte Enhancement Grant Program Application
Page 20 of 20
LA PORTE ENHANCEMENT GRANT PROGRAM
The La Porte Enhancement Grant Program, which is sponsored by the La Porte Development
Corporation, offers matching grants to businesses which are located in the City of La Porte.
Eligible improvements of the La Porte Enhancement Grant Program include façade enhance-
ment/rehabilitation, beautification projects, new awnings, canopies, porches, signage, and
parking lot improvements. Each program application will be evaluated on a case-by-case basis,
and ALL projects for a matching grant greater than $25,000 must also be approved by the La
Porte City Council.
Interested business owners are welcome to complete the enclosed application form. Please
deliver applications to:
Scott D. Livingston
Economic Development Coordinator
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
LivingstonS@laportetx.gov
Please contact Scott D. Livingston at LivingstonS@laportetx.gov or 281/470-5016, if you have
any questions about the La Porte Enhancement Grant Program.
Sincerely,
Scott D. Livingston
Economic Development Coordinator
City of La Porte
LPORTE BY THE BAY
A
604 W. Fairmont Parkway La Porte, Texas 77571 281/470-5016
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 1, Revised 11/11/15
BUSINESS. BY THE BAY.
ELIGIBLE PROJECTS
Business owners may be eligible for a reimbursement grant of funds which are used to
enhance and/or beautify their businesses. The following types of projects are eligible for
reimbursement:
Façade Rehabilitation/Enhancement
Eligible projects include work on existing structures, such as removing non-
historic/added facades, re-pointing brick or replacing mortar joints, replacing or
restoring cornices, removing paint from brick, replacing windows, restoring transom
windows, repairing facades, etc.
New Awnings, Canopies, Porches, and Signage
Eligible projects include replacing, adding, or repairing awnings, canopies, porches,
and signs. Signs may include signboards, projecting signs, pedestrian signage, window
signs, hanging signs, and awning/canopy signs.
Beautification Projects
Eligible projects include public art, landscaping, and other beautification projects as
approved by the Enhancement Grant Evaluation Committee (EGEC).
Parking Lot Improvements
Eligible projects include new parking lot construction, parking lot paving, parking lot re-
surfacing, parking space striping/painting, new parking blocks, old parking block removal,
and other projects as approved by the EGEC.
PROGRAM GUIDELINES
Grant funds are available only for exterior work on commercial property and building
1.
facades that are visible from public streets.
In general, grants offered to businesses are intended to support projects to renovate or
2.
convert existing structures to their original historic condition.
Grants will be processed and considered for award on a first-come, first-served basis
3.
until funds are depleted or until the program ends, whichever comes first.
Grants will not be awarded for work that has already been started or completed, or for
4.
work that is covered by insurance. If desired work is above and beyond what insurance
will pay, and is, therefore, considered an upgrade and enhancement in the opinion of
the EGEC, it may be eligible for grant funds.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 2, Revised 11/11/15
BUSINESS. BY THE BAY.
Grants will not be awarded to any Applicant that owes any delinquent indebtedness*
5.
to the City of La Porte or the La Porte Development Corporation (LPDC).
Ϋ ǒĻƓƷ LƓķĻĬƷĻķƓĻƭƭ ƭŷğƌƌ ƒĻğƓ ğƓǤ źƓķĻĬƷĻķƓĻƭƭ ķǒĻ ğƓķ ƚǞźƓŭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ
\[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ źƓĭƌǒķźƓŭ ĬǒƷ ƓƚƷ ƌźƒźƷĻķ ƷƚͲ ğķ ǝğƌƚƩĻƒ ƷğǣĻƭ ƚƓ ƩĻğƌ ğƓķ ƦĻƩƭƚƓğƌ
ƦƩƚƦĻƩƷǤͲ Ǟŷźĭŷ ƦƩƚƦĻƩƷǤ źƭ źƓ ŅğĭƷ ƚǞƓĻķ ĬǤ ğƓķ źƭ ƌĻŭğƌƌǤ ƭǒĬƆĻĭƷ Ʒƚ ƷğǣğƷźƚƓͲ ǞŷĻƷŷĻƩ ƚƩ ƓƚƷ ƷŷĻ ƭğƒĻ
ƒğǤ ŷğǝĻ ĬĻĻƓ ƦƩƚƦĻƩƌǤ ƩĻƓķĻƩĻķ Ʒƚ ƷŷĻ Ʒğǣ ğƭƭĻƭƭƚƩΏĭƚƌƌĻĭƷƚƩ ĬǤ ğƓǤ ƦĻƩƭƚƓ͵ {ǒĭŷ ƷĻƩƒ ƭŷğƌƌ ğƌƭƚ źƓĭƌǒķĻͲ
ĬǒƷ ƓƚƷ ĬĻ ƌźƒźƷĻķ ƷƚͲ ĭŷğƩŭĻƭ ŅƚƩ ƦĻƓğƌƷźĻƭͲ źƓƷĻƩĻƭƷ ğƓķ ĭƚƭƷƭ ƚƓ ğƓǤ ƭǒĭŷ ğķ ǝğƌƚƩĻƒ ƷğǣĻƭͳ ĭŷğƩŭĻƭ ŅƚƩ
ǞğƷĻƩͲ ƭĻǞĻƩͲ ŭğƩĬğŭĻ ğƓķ ƚƷŷĻƩ ƭĻƩǝźĭĻƭ ƩĻƓķĻƩĻķ ƚƩ ŭƚƚķƭ ŅǒƩƓźƭŷĻķ ĬǤ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ƚƩ ƷŷĻ
\[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓ Ʒƚ ğƓǤ ƦĻƩƭƚƓͳ ğƓķ ğƓǤ ƚƷŷĻƩ ƒğƓƓĻƩ ƚŅ źƓķĻĬƷĻķƓĻƭƭ Ʒƚ ƷŷĻ /źƷǤ ƚŅ
\[ğ tƚƩƷĻ ƚƩ ƷŷĻ \[ğ tƚƩƷĻ 5ĻǝĻƌƚƦƒĻƓƷ /ƚƩƦƚƩğƷźƚƓͲ ƓƚǞ ĻǣźƭƷźƓŭ ƚƩ Ǟŷźĭŷ ƒğǤ ŷĻƩĻğŅƷĻƩ ĬĻ ĭƩĻğƷĻķ ĬǤ ğƓǤ
ƦĻƩƭƚƓ͵ bƚ ƭǒĭŷ źƓķĻĬƷĻķƓĻƭƭ ƭŷğƌƌ ĬĻ ĭƚƓƭźķĻƩĻķ ǒ ǒƓƷźƌ ƷŷĻ ƷźƒĻ ŅƚƩ źƷƭ ĭǒƩƩĻƓƷ ƦğǤƒĻƓƷ
ǒƓķĻƩ ƷŷĻ ǝğƩźƚǒƭ ƚƩķźƓğƓĭĻƭ ƚŅ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ ƚƩ ƭƷğƷĻ ƭƷğƷǒƷĻƭͲ ƚƩ ĭƚƓƷƩğĭƷǒğƌ ğŭƩĻĻƒĻƓƷͲ ƭŷğƌƌ ŷğǝĻ
ĻǣƦźƩĻķͲ ǞźƷŷƚǒƷ ƦğǤƒĻƓƷ ŷğǝźƓŭ ĬĻĻƓ ƒğķĻ͵
Each grant will be awarded on a reimbursement basis once completed work has been
6.
verified by the EGEC to be compliant with the plans proposed in the approved application.
Any deviation from the approved project may result in the total or partial withdrawal of
the grant.
Each enhancement grant application will be subject to review by the EGEC, and
7.
approval from the Board of the LPDC. The review criteria include the following:
The project demonstrates a significant improvement over the existing situation,
The project will add to the beautification of the City of La Porte ,
The project will enhance appeal to new businesses and
visitors,
The project will complement the surrounding buildings, and
The project will add value to the City of La Porte.
Grant applications and awards may be made in any of the reimbursable activities
8.
described above and may be combined for any single property or project.
An applicant is defined as an owner, tenant, or combination thereof, who occupies
9.
space in an eligible property. A single owner of multiple properties may apply for
grant funds for each property owned, but the matching grant must be for more than
$2,500 and less than $50,000 per property in a three (3) year period.
Preference will be given to all local bids for work that qualify under the current form of
10.
the
by the Board.
Multiple bids are not required for each eligible project that is less than a total $2,000, of
11.
which 50% or $1,000 would be a reimbursable expenses
Purchasing Policy.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 3, Revised 11/11/15
BUSINESS. BY THE BAY.
APPLICATION PROCESS
Determine eligibility: Discuss project plans with the Economic Development
1.
Coordinator, and the Coordinator will set up a pre-development meeting with the
EGEC.
Complete the application and sign the agreement form. Each grant application must
2.
include the following:
A scaled drawing by the project architect or design professional of all the work
a.
to be completed.
Samples -- i.e. paint samples, fabric swatches, sign material, etc. -- that will
b.
enable the EGEC to envision the finished project.
Three (3) itemized work estimates on all project work from contractors or
c.
project architects. Self-contracted work will be reimbursed for actual legitimate
expenses, excluding labor.
Photographs of the buildings exterior. The Applicant shall be required to
d.
provide before and after photographs of the building before the reimbursement
grant can be awarded. For the initial application, before photographs will
suffice, but afte photographs of the completed project must be submitted
before the grant may be considered for reimbursement.
Return the completed application form, with all applicable items, to:
3.
Scott D. Livingston
Economic Development Coordinator
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
LivingstonS@laportetx.gov
The application will undergo an approval process, which includes but is not limited
4.
to the following:
Each project must meet current building standards and codes, as well as
a.
building permit requirements.
The EGEC will only consider applications that have been properly and fully
b.
completed, and which contain all information requested in the application
and/or by the committee.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 4, Revised 11/11/15
BUSINESS. BY THE BAY.
All itemized work estimates submitted by the Applicant must be dated no
c.
earlier than ninety (90) days prior to the Application request. Bids shall be
submitted on the contracs or project architecs letterhead and shall
contain the contracs name, address, and telephone number and shall
itemize the bid in a manner that allows the EGEC to determine the bid
components and authenticity of the bid.
Applications receiving approval by the EGEC shall commence construction
d.
described in the application within ninety (90) days from the date that the
enhancement grant is approved. Each Applicant must complete the
construction described in the Application within one (1) year from the date that
the grant is approved. If the Applicant cannot meet this timeline, then the
Applicant may submit a written request for an extension of the commencement
date or completion date provided the extension request is made prior to the
ninety (90) day or one (1) year time limit. The EGEC shall not be obligated to
grant an extension, but it may do so for good cause determined solely by the
members of the Committee. The extensions, if granted, shall be for the term
and for the conditions determined exclusively by the EGEC. Denial of an
extension request may not be appealed.
As a condition of this grant Application, the Applicant consents, and shall
e.
allow, the EGEC to request city inspections to determine that the grant, if
awarded, will not be used for construction on any building that is not in
compliance with the City Municipal Codes and Ordinances that are applicable
to the construction contemplated in the application.
The EGEC and LPDC shall have sole discretion in awarding grants. They shall
f.
award grants considering the amount requested, grant funds available, the
guidelines of the grant program, condition of the building in which the grant
funds will be used, economic impact, other grant requests, the type and nature
of the construction, and the proposed construction results considering the
grant program.
No Applicant has a proprietary right to receive grant funds. The EGEC shall
g.
consider any application within its discretionary authority to determine what
grant amount would be in the best interest of the grant program.
The Applicant shall be required to furnish bef photographs of the
h.
buildings exterior, and any other site locations that are included as part of
the application request. The applicant shall also provide fte photographs
once the construction has been completed, as a condition of final grant
disbursement.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 5, Revised 11/11/15
BUSINESS. BY THE BAY.
The EGEC has the final discretion with regard to funding and reserves the
i.
right to recommend modifications or reject any project or elements of any
project.
Reimbursement. When the entire enhancement grant project has been completed, the
5.
Applicant shall present the Economic Development Office with the following:
Copies of all paid invoices, including copies of cancelled checks and/or credit
a.
card receipts for a single payment reimbursement of the approved funding, and
Photographs of all completed work.
b.
When the project has been reviewed and approved by the EGEC, and their
6.
recommendations have been presented and approved by the LPDC, a reimbursement
check will be issued.
LA PORTE ENHANCEMENT GRANT PROGRAM
PAGE 6, Revised 11/11/15
BUSINESS. BY THE BAY.
La Porte Enhancement Grant Application
tƌĻğƭĻ ƦƩźƓƷ ĭƌĻğƩƌǤ͵ tƌĻğƭĻ ƭǒĬƒźƷ ğ ĭƚƒƦƌĻƷĻķ ğƦƦƌźĭğƷźƚƓ Ʒƚʹ
Scott D. Livingston
Economic Development
Coordinator City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
APPLICANT INFORMATION:
APPLICATION DATE:
Applicant Name
Business Name
Physical Business Address
Business Owner (if different from applicant)
Mailing Address
Contact Phone Email Address
TYPE OF WORK (ĭŷĻĭƉ ğƌƌ ƷŷğƷ ğƦƦƌǤ):
Façade Awnings/Signage
Parking Lot Improvements
Beautification
DETAILS OF PLANNED IMPROVEMENTS (ğƷƷğĭŷ ğķķźƷźƚƓğƌ ƦğŭĻƭ źŅ ƓĻĭĻƭƭğƩǤ):
LA PORTE ENHANCEMENT GRANT APPLICATION
PAGE 1, Revised 11/11/15
BUSINESS. BY THE BAY.
Please list the name of each Contractor and/or Project Architect and the Total Amount of
each bid. Please, also, attach the original proposals and work estimates:
CONTRACTOR/PROJECT ARCHITECT TOTAL
1. $
2. $
3. $
4. $
5. $
BUDGET DETAIL
PROJECT EXPENDITURES FUNDS FUNDS APPLIED TOTAL
Façade Rehab $ $ $
Awnings/Signage $ $ $
$ $ $
Beautification
$ $ $
Parking Lot Improvements
Other (list): $ $ $
TOTAL $ $ $
Total estimated cost of proposed project: $
Amount requested (up to 50% of total cost, $2,500 to $50,000): $
tƌĻğƭĻ ğƷƷğĭŷ ĭƚƌƚƩ ƭğƒƦƌĻƭͲ ƒƚķĻƌ ƓǒƒĬĻƩƭ ΛŅƚƩ ǞźƓķƚǞƭͲ ķƚƚƩƭͲ ĻƷĭ͵ΜͲ ƦŷƚƷƚƭͲ ƭĭğƌĻķ ķƩğǞźƓŭƭͲ ğƓķ
ƚƷŷĻƩ źƌƌǒƭƷƩğƷźƚƓƭ ƚŅ ǞƚƩƉ Ʒƚ ĬĻ ĭƚƒƦƌĻƷĻķ͵ tƌĻğƭĻ źƓĭƌǒķĻ ğƭ ƒǒĭŷ ķĻƷğźƌ ğƭ ƦƚƭƭźĬƌĻ͵
ƚǒƩ ƭźŭƓğƷǒƩĻ ƚƓ Ʒŷźƭ ğƦƦƌźĭğƷźƚƓ ĭĻƩƷźŅźĻƭ ƷŷğƷ Ǥƚǒ ǒƓķĻƩƭƷğƓķ ğƓķ ğŭƩĻĻ ǞźƷŷ ƷŷĻ
ŅƚƌƌƚǞźƓŭ ƭƷğƷĻƒĻƓƷƭʹ I have met with the EGEC and I fully understand the Enhancement
Grant procedures and details established. I intend to use these grant funds for the eligible
renovation projects, as spelled out in the application. I have not received, nor will I receive
insurance monies for this revitalization project, OR I have disclosed all pertinent insurance
information. I understand that if I am awarded an Enhancement Grant, any deviation from the
approved project may result in the partial or total withdrawal of the grant funds.
APPLICANT SIGNATURE DATE
LA PORTE ENHANCEMENT GRANT APPLICATION
PAGE 2, Revised 11/11/15
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE LA PORTE
DEVELOPMENT COPRPORATION, AND _BROTAMONTE ASSET 1, LLC_, A
TEXAS _PARTNERSHIP_, FOR USE OF TYPE B DEVELOPMENT CORPORATION
SALES TAX FUNDS IN CONNECTION WITH THE LA PORTE DEVELOPMENT
CORPORATION ENHANCEMENT GRANT PROGRAM
th
THIS AGREEMENT made by and entered into this _14_ day of December, 2015
between the La Porte Development Corporation, a Type B non-profit corporation
operating under authority of Texas Local Government Code Chapters 501 and 505,
hereinafter LPDC, and _BROTAMONTE ASSET 1, LLC_, hereinafter referred to as the
Recipient.
WITNESSETH:
WHEREAS, the voters of the City of La Porte authorized the levying of additional
sales tax within the City to promote economic development and the LPDC is authorized
to use such tax revenues for certain qualifying projects and other economic development
related purposes; and
WHEREAS, the La Porte Development Corporation has established the La Porte
Enhancement Grant Program, the purpose of which is to offer financial incentives in the
form of matching grants to aid business establishments located in the City of La Porte,
Texas; and
WHEREAS qualifying applicants for matching grants under the La Porte
Enhancement Grant Program are eligible to use grant funds for building site
improvements including façade rehabilitation/enhancement, new awnings, canopies,
porches, and signage, beautification projects, and parking lot improvements as outlined
in the guidelines of the La Porte Enhancement Grant Program; and
WHEREAS, upon approval as a project of the La Porte Development Corporation,
the La Porte Development Corporation will provide to the qualifying applicant a subsidy
of one-half (1/2) of the cost of building site enhancements, up to a maximum match
amount of $49,999.99; and
WHEREAS, the Recipient owns and operates a business known as the Sylvan
nd
Beach Apartments, located at 315 N. 2 Street, La Porte, Texas, (the Business Site
herein) for which Recipient wishes make certain improvements, hereinafter described,
under an Enhancement Grant Program application; and
WHEREAS, the Recipient wishes to renovate the Business Site by completing
the following projects: 1) Paint & Wood Repair; 2) Parking Lot Repair, 3) Landscaping,
and 4) Signage, which would result in the expenditure by Recipient of an estimated
84,115.72
$ in capital improvements and employ no less than TWO (2) full time and
TWO (2) part-time employees, with one-half of such capital expenditure being eligible
1
for reimbursement by the La Porte Development Corporation, up to a maximum of
$49,999.99; and
WHEREAS, the provision of financial incentives to the Recipient in connection with
a La Porte Enhancement Grant Program application would qualify as a project of the
LPDC for infrastructure, site improvements and other related improvements, as
authorized by Texas Local Government Code Chapters 501 and 505, and it is the desire
of LPDC to assist in the funding of same, finding that such expenditures will promote or
develop new or expanded business enterprises.
WHEREAS, Texas law and the by-laws of the LPDC require that certain
expenditures and projects by the LPDC be approved by the governing body of the City;
and whereas the LPDC Board has duly approved such project and the expenditures for
any project for a contribution of the LPDC Board greater than $25,000 must also be
authorized by the La Porte City Council; and
NOW THEREFORE, in consideration of the covenants and conditions stated
herein, and in consideration of the mutual benefits that will accrue to each of the parties
hereof, as well as to the citizens of the City of La Porte, Texas, the parties have agreed
and do hereby agree as follows:
ARTICLE I
In consideration of the Recipient making eligible and approved improvements to
nd
the Business Site at 315 N. 2 Street; La Porte, TX 77571, in connection with an
application under the La Porte Enhancement Grant Program, which program was
considered in that certain public hearing authorizing a proposed project for the
expenditure of LPDC funds for the promotion or development of new or expanded
business enterprises, held before the LPDC on October 28, 2015, LPDC agrees to
provide the Recipient with a matching grant payment in an amount not to exceed
$42,057.86
, as a match for Recipients capital expenditure, which payment shall be
distributed upon the attainment of the following conditions:
1) Receipt by the LPDC of copies all applicable invoices and receipts of payment
for the same invoices for all projects, which were previously approved by the
LPDC Board, and have been completed,
2) Receipt by the LPDC of pictures showing proof of completion of each of the
projects previously approved by the LPDC Board,
3) Receipt by LPDC of copies of all certificates and permits required by the City
of La Porte, Texas, if any, to the Recipient for completion of the renovated
Business Site;
84,115.72
4) Proof of minimum capital investment in the amount of $ applied
towards eligible and approved improvements of the Business Site and related
infrastructure and site work. The renovation to the Business Site and related
2
infrastructure for which the required capital investment is made, must, at a
minimum, include the following scope of work:
a) Paint & Wood Repair for $35,785.00
b) Parking Lot Repair for $35,000.00
c) Landscaping for $10,000.00
d) Signage for $3,330.72
5) Submission to LPDC of an employment roster evidencing that the Recipient
employs TWO (2) full time and TWO (2) part-time individuals as employees at
the Business Site. Proof of employment, for purposes of this agreement, shall
require the Recipient to produce either a) copies of the Recipients 941 Report
to the Internal Revenue Service and C3 Report to the Texas Workforce
Commission for each employee (but with the social security number of each
employee redacted), or b) a signed and notarized statement executed by the
owner, or another duly authorized representative, of the company affirming
that TWO (2) full time and TWO (2) part-time employees are employed by the
Recipient for positions permanently located at Business Site.
6) Presentation to the Board of the LPDC, during a regularly scheduled Board
meeting, regarding all elements of the completed enhancement grant projects.
$42,057.86
7) In no case will the sum of be made by the LPDC if all the required
items listed in Article I are not delivered to and received by LPDC within one
(1) year from the date on which this agreement is approved by the La Porte
City Council. In the case that all the required items listed in Article I for the
Business Site are presented to LPDC on or before said deadline, the LPDC
shall convene a meeting of the LPDC Board of Directors for a date no later
than forty-five (45) days. Upon verification of the completion of all projects
previously approved by the LPDC Board to the Business Site, as reflected by
formal vote of the LPDC Board of Directors that the Recipient has satisfied the
$42,057.86
requirements of this paragraph, LPDC will then remit the sum of
to the Recipient within a period not to exceed thirty (30) days.
ARTICLE II
All funds received as herein provided shall be solely for the purpose of contributing
towards the Recipients costs in making eligible and approved improvements to the
Business Site.
The Recipient further acknowledges that the incentive grant provided for herein is tied to
a project of the LPDC for the promotion or development of new or expanded business
enterprises, as authorized by Texas Local Government Code chapters 501 and 505.
3
ARTICLE III
Disbursement and/or retention of the cash incentive identified in Article I of this
Agreement shall be made as follows:
A. Disbursement shall be made to Recipient, subject to the satisfaction of the
conditions precedent or conditions subsequent contained within Article I of this
Agreement.
$42,057.86
B. LPDCs obligation to Recipient shall not exceed , nor shall LPDC be
obligated to reimburse Recipient for requests delivered to LPDC after the
termination of this Agreement.
ARTICLE IV
The Recipient understands that the funds paid to the Recipient by the LPDC are
derived from tax revenues collected under Texas Local Government Code 505.252, and
that LPDC has estimated the tax revenues to be collected during the term of this
Agreement. The Recipient further understands, acknowledges, and agrees that if the tax
revenue actually collected is less than 90% of the estimated tax revenues to be collected
in any fiscal year during the term of this Agreement, LPDC will be under no obligation to
provide funding to the Recipient for any payment or payments during or after the fiscal
year for which there is a revenue shortfall. Upon execution of the Agreement, funds will
be placed in a City of La Porte designated commitment account for purposes of this
Agreement.
ARTICLE V
In the event of any default by the Recipient hereunder, including, but not limited to,
use of the funds provided herein for purposes other than those stated in Article I of this
Agreement, LPDC may cease all future payments hereunder and terminate this
Agreement. In addition, LPDC shall have the right to reclaim and recapture, and the
Recipient shall refund, any funds that are not spent in accordance with the terms of this
Agreement, including 1) LPDC funds spent by the Recipient in contravention of this
Agreement and 2) any LPDC funds previously paid to the Recipient but not yet spent by
Recipient. In each such case, the previously paid cash payment or payments shall be
remitted to the LPDC within sixty (60) of receipt of written demand for same.
Any breach of this covenant shall be grounds for immediate termination of the
distribution of funds.
ARTICLE VI
The term of this Agreement will expire one (1) year from the date on which the City
Council approved the project.
4
ARTICLE VII
All funds provided by the LPDC pursuant to this Agreement may be used only for
the purposes authorized by this Agreement. Notwithstanding Article I, above, City shall
be under no obligation to make any fund disbursements if the reports required under this
Article have not been delivered to the LPDC.
ARTICLE VIII
This Agreement does not create any joint venture, partnership, or agency
relationship between the LPDC and the Recipient. The Recipient shall have exclusive
control of, and the exclusive right to control the details of the work to be performed by the
Recipient hereunder and all personnel performing same, and shall be solely responsible
for the acts and omissions of its officers, members, agents, servants, employees,
subcontractors, program participants, volunteers, licensees, and invitees. In no event
shall any person participating in or performing any of the Recipients duties or
responsibilities hereunder be considered an officer, agent, servant, or employee of the
LPDC.
ARTICLE IX
The Recipient agrees to assume and does hereby assume all responsibility and
liability for damages sustained by persons or property, whether real or asserted, by or
from the carrying on of work by the Recipient or in the performance of services performed
and to be performed by the Recipient hereunder. The Recipient covenants and agrees
to, and does hereby indemnify, defend, and hold harmless LPDC and all their respective
officers, agents, and employees from all suits, actions, claims, and expenses of any
character, including attorneys fees, brought for or incurred on account of any injuries or
damages, whether real or asserted, sustained by any person or property by or in
consequence of any intentional or negligent act, omission, or conduct of the Recipient, its
agents, servants or employees.
ARTICLE X
This Agreement may be amended by the mutual agreement of the Parties hereto
in writing to be attached to and incorporated into this Agreement.
ARTICLE XI
The Recipient shall adhere to all local, state, and federal laws and regulations that
may affect its actions made pursuant to this Agreement, and shall maintain in effect during
the term of this Agreement any and all federal, state, and local licenses and permits which
may be required of Recipients generally.
5
ARTICLE XII
The Recipient may not assign this Agreement, or any of the benefits provided
herein including but not limited to incentive payments identified in Article I, without the
written consent of LPDC.
ARTICLE XIII
The waiver by LPDC of any breach of any term, condition, or covenant herein
contained shall not be deemed a waiver of any subsequent breach of the same, or any
other term, condition, or covenant.
ARTICLE XIV
The obligations of the Parties to this Agreement are performable in Harris County,
Texas and if legal action is necessary to enforce same, venue shall lie in Harris County,
Texas.
ARTICLE XV
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas.
ARTICLE XVI
This Agreement may be executed in triplicate, each of which shall be deemed an
original and constitute one and the same instrument.
ARTICLE XVII
Neither LPDC nor the Recipient shall be required to perform any term, condition,
or covenant in this Agreement so long as such performance is delayed or prevented by
force majeure, which shall mean Acts of God, civil riots, floods, and any other cause not
reasonably within the control of LPDC or the Recipient except as herein provided, and
which by the exercise of due diligence LPDC or the Recipient is unable, wholly or in part,
to prevent or overcome.
ARTICLE XVIII
In submitting this application, the applicant whose signature appears below affirms
its intent and commitment to comply in full with Section 2264.052 of the Government
Code and certifies that it does not and will not knowingly employ an undocumented worker
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during any time period associated with the public subsidy for which the application is
being submitted. The applicant further certifies its understanding and agreement that if it
is convicted of a violation of 8 U.S.C. Section 1324a(f), providing for civil and/or criminal
penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ
unauthorized aliens, it shall repay the amount of the public subsidy with interest, at the
rate and according to the terms of the agreement signed under Section 2264.053 of the
Government Code, not later than the 120th day after the date the city notifies the business
of the violation.
ARTICLE XIX
The Agreement embodies the complete agreement of the parties hereto,
superseding all oral or written pervious and contemporary agreements between the
Parties, which relate to matters in this Agreement.
SIGNED AND AGREED to by LPDC and the Recipient on the dates indicated
below.
LA PORTE DEVELOPMENT CORPORATION
__________________________
Richard Warren, President
___________________
Date
ATTEST
___________________________
Secretary of the Corporation
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Brotamonte Asset 1, LLC
________________
By:
_________________________________
11/30/2015
_________________________
Date
ATTEST
________________________________
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