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HomeMy WebLinkAboutEDCRes2014.08.03ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. as 4-0e-`03 (ED6) A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING EXECUTION OF AMENDED ECONOMIC DEVELOPMENT INCENTIVE PERFORMANCE AGREEMENT WITH EMPOWERED TRAINING CENTRE, LLC WHEREAS, on December 10, 2013 the City Council of the City of Anna, Texas approved Resolution No. 2013-12-10 authorizing the Anna Economic Development Corporation ("EDC") to enter into the Economic Development Incentive Grant for Capital Investment Performance Agreement("Performance Agreement"), with Empowered Training Centre, LLC (the "Company") a copy of which is attached hereto as Exhibit A; and WHEREAS, the EDC and the Company duly entered into the Performance Agreement; and WHEREAS, under Section 3(b) of the Performance Agreement the EDC and the Company had intended that the Company would have access to a line of credit from the Anna Economic Development Corporation; and WHEREAS, the Board of Directors of the EDC has determined that it would be appropriate if the line of credit was provided and administered by the Anna Community Development Corporation instead of EDC; and NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1, Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Execute Amended Performance Agreement The EDC hereby authorizes the EDC President to execute the amendment as stated above, on the EDC's behalf, subject to form of same by the EDC's legal counsel, and any necessary approval by the City of Anna City Council. EDC OF ANNA, TEXAS RESOLUTION NO.;Z61q'0%'� (Ube-) PAGE 1 OF 1 PASSED ND APPROVED by the Anna Economic Development Corporation this day of 6-, 2014. APPROVED: Z/0' Alon746 Tuts n, EDC Vice -President EDC OF ANNA, TEXAS RESOLUTION NO.0,61 q'0 V (R6) PAGE 2 OF 2 Exhibit A AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT This Amended Economic Development Incentive Grant for Capital Investment Performance Agreement (this "Amended Agreement) is made and entered into by and between the Anna Economic Development Corporation, the Anna Community Development Corporation, and Empowered Training Centre, LLC (the "Company"). WITNESSETH: WHEREAS, on December 10, 2013 the City Council of the City of Anna, Texas approved Resolution No. 2013-12-10 authorizing the EDC to enter into the Economic Development Incentive Grant for Capital investment Performance Agreement with Empowered Training Centre, LLC ("Performance Agreement"), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Anna Economic Development Corporation and the Company duly entered into the Performance Agreement; and WHEREAS, under Section 3(b) of the Performance Agreement the Anna Economic Development Corporation and the Company had intended that the Company would have access to a line of credit from the Anna Economic Development Corporation; and WHEREAS, the parties to this Amended Agreement have agreed that it would be in said parties' collective interest if the line of credit was provided and administered by the Anna Community Development Corporation instead of the Anna Economic Development Corporation; and WHEREAS, the Anna Community Development Corporation has found that entering into this Amended Agreement will promote new and expanded business development in the City; NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: Section 1. Recitals Incorporated. The above -stated recitals are incorporates into this Agreement as if set forth in full and constitute material representations by the Company and Anna Economic Development Corporation to induce the other party to enter into this Agreement. AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 1 OF 4 Section 2. Incorporation and Amendment to Performance Agreement. The Performance Agreement shall continue to be in full force and effect in all respects and is incorporated herein by reference with the exception that Section 3(b) of the Performance Agreement shall be amended to read as follows: (b) The Anna Community Development Corporation will make a line of credit available in the amount not to exceed $4,500 per month for 24 months which would be paid back with interest and the details of such line of credit outlined in a separate document that will serve as an addendum to this Agreement, as amended. Providing the line of credit will be the sole obligation of Anna Community Development Corporation under this Agreement, as amended. IN WITNESS WHEREOF, the parties hereto have executed this Amended Agreement. Anna Economic Development Corporation By: Alonz6 Tutson, its Vice - President STATE OF TEXAS § COUNTY OF COLLIN § ovA�� Laurelta Kay Bladceter My Commission Expires 04101/2017 Before me, the undersigned notary public, on the ' ;, day of2014, personally appeared Constance Ann Stump known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as President of the Anna Economic Development Corporation and on behalf of the Anna Economic Dgvelopment Corporation. _ ,I Nota Public, State of a as [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 2 OF 4 Anna Community Development Corporation By: -- J66n Houck, its President STATE OF TEXAS § .�"', � L raw COUNTY OF COLLIN § Before me, the undersigned notary public, on the �Aday of a20149 personally appeared John Houc�elc, known to me (or proved to me) to be the rson whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the . QA &g. 4 same in his capacity as President of the Anna Community Development Corporation and on behalf of the Anna Community Development CoF on. 100% *a",; Notark Public, State of TexAs AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT PAGE 3OF4 Empowered Training Centre, LLC By: AAu ' itlani, its Director and Manager STATE OF TEXAS § �,��Lamm My COUNTY OF COU.IN § _ _ _ _ ONM=17 Before me, the undersigned notary public, on the JIM6day of 20140 personally appeared Mubina Gillani known to me (or proved to me) to be person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her capacity as Director and Manager of Empowered Training Centre, LLC and on behalf of Empowered Training Centre, I.I.C. 4-11 Allici CW 4A6�Z ry Public, State of 'rextas AMENDED ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL. INVESTMENT PERFORMANCE AGREEMENT PAGE 4OF4