HomeMy WebLinkAboutEDCRes2013.12.01ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.a0 13 "/ �Z-0 t
A RESOLUTION OF THE ANNA ECONOMIC DEVELOMENT CORPORATION
APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL
INVENSTMENT PERFORMANCE AGREEMENT WITH EMPOWERED TRAINING
CENTRE, LLC AND AUTHORIZING THE GRANT OF FUNDS UNDER SAID
AGREEMENT
WHEREAS, the Anna Economic Development Corporation (the "EDC") desires to grant
funds in support of an economic development project that will create and retain new
primary jobs, as that term is defined under Texas Local Government Code 501.002, and
that will result in new capital investment within the corporate limits of the City of Anna,
Texas ("City"); and
WHEREAS, the EDC has received a project proposal from Empowered Training Centre,
LLC who has represented will create and retain a significant number of new primary
jobs and that will result in new capital investment, all within the corporate limits of the
City within a 18-month period (the "Project"); and
WHEREAS, the EDC has determined that it would be beneficial to the EDC and to the
City for the EDC to grant funds for costs of the Project provided that the promised
primary jobs are created within a 18-month period, and that said jobs are maintained
within the corporate limits of the City for at least ten years, such that if said jobs are not
created or retained as promised, Empowered Training Centre, LLC must repay all or a
portion of the grant proceeds back to the EDC, as more specifically set forth in the
Agreement; and
WHEREAS, the EDC has found that if successful the Project will promote new or
expanded business development;
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. Approval of Agreement
The EDC hereby approves the Economic Development Incentive Grant for Capital
Investment Performance Agreement ("Agreement"), attached hereto as EXHIBIT A,
incorporated herein for all purposes, and authorizes the EDC President to execute
same on its behalf, subject to approval as to form by legal counsel for the EDC, final
content by the EDC Chief Administrative Officer, and approval by City Council.
ANNA EDC RESOLUTION NO..o?,U3 - / a -01 (Eb C-) PAGE 1 OF 2
Section 3. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to expend funds as grant
proceeds in accordance with the Agreement.
PASSED AND APPROVED by the Anna Economic Development Corporation on this
,�, day of _ 2013.
r 1
DC President EDC a
ANNA EDC RESOLUTION NO.a013 - Id., -0 1 (etc) PAGE 2 OF 2
Exhibit A
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT
PERFORMANCE AGREEMENT
This Economic Development Incentive Grant for Capital Investment Performance
Agreement (this'mAgreement7) is made and entered into by and between the Anna
Economic Development Corporation and Empowered Training Centre. LLC (the
"Company'.
vwTaEsseTH:
WHEREAS the Anna Economic Development Corporation is willing to provide grant
proceeds for the use of the Company, provided that the Company meets certain criteria
relating to Capital Investments, and the creation and retention of 20 New Jobs
consisting of Primary jobs as that term is defined in Texas Local Government Code
§501.002(12); and
WHEREAS, the Company is required to return all or a portion of the grant proceeds
received plus interest to the Anna Economic Development Corporation if the
performance criteria under this Agreement are not materially met by the Company; and
WHEREAS, the Anna Economic Development Corporation and the Company desire to
set forth their understanding and agreement as to the payout of the grant proceeds,
obligations of the Company regarding Capital Investment, New Job creation and
maintenance, Company Corporate Headquarters location requirements, the repayment
by the Company of all or part of the grant under certain circumstances, and other
related matters;
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 incorporated 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
Section 2. Definitions.
"Capital Investment" means the Company's capital expenditure of at least $10,000 of
which approximately $5,000 will be invested in machinery and equipment, and
approximately $5,000 will be invested in the up -fit of the Facility(ies).
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 1 OF 12
"City" or "the City" means the City of Anna. Texas.
"Company Corporate Headquarters" mews the physical location within the corporate
limits of the City and designated by the Company on all corporate documentation and
filings as the Company's principal place of business and headquarters.
"Controlling Shareholder" means a shareholder or stock owner of the Company who is
in a position to influence the Company's activities because said shareholder or stock
owner either owns a majority of outstanding shares/stocks or owns a smaller -than -
majority percentage but owns more shares/stocks than any other shareholder.
"Facility" or "Facilities" means the principal place of business (Company Corporate
Headquarters) and any other business locations of the Company that are located within
the corporate limits of the City.
pProjecY' means the mycourseroom.00m project that is the subject of this Agreement,
and which is more particularly represented by the Company to be an online,
cxedentialed, global resources for professional training across industries that offers flee
education targeting professionals, independent learners, service providers, small
businesses, non-profit organizations, and associations globally; the undertaking of the
Project and location of the Company Corporate Headquarters shall be within the
corporate limits of the City and is intender to result in the creation of at least 20 New
Jobs in 18 months from the Start Date at the Facility(ies) and the Project further
includes the Company's Obligation to Maintain and other duties it must perform under
this Agreement.
"New Job" means a Primary job, as that term is defined in Texas Local Government
Code §501.002(12), and includes only jobs that are new, permanent, and full-time
employment positions filled by individuals for an indefinite duration at the Facility for
which the standard fringe benefits are paid by the Company for the employee, and for
which the Company pays a minimum wage of at least $24,000. Each New Job must
require a minimum of either. (1) 40 hours of an employee's time per week for the entire
normal year of the Company's operations which "normal year" must consist of at least
52 weeks; or (2) 2,080 hours per year, subject to applicable federal or Texas state law
requiring the Company to grant an employee any type of leave or other time away from
the job.
"Obligation to Maintain" means the Company's contractual responsibility under this
Agreement to maintain at the Facility(les)—beginning on the Performance Date and
ending ten years after the Start Date --the active and paid employment status of at least
one individual in each of the 20 New Job positions required to be created under this
Agreement, except that after any such individual's termination, resignation, or other
departure from active paid status, the Company shall have a reasonable period of time
(but in no event longer than 60 business days or a longer time period if necessary to
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 2 OF 12
comply With the minimum requirements of the Family Medical Leave Act or other
applicable federal or Texas state law governing mandatory employee leave or time
away from the job) to fill the position with an active paid employee.
"Performance Date" means the date that all 20 of the New Jobs required to be created
and filled under this Agreement have been created and filled and the Capital Investment
has been made in full as described in this Agreement.
"Sales Tax" means sales tax collected by the Company on the taxable sale of any
product sold by the Company.
"Start Date" means the date upon which the Company establishes and begins to
operate its business at the Facility under a valid written lease or purchase of real
property within the corporate limits of the City.
"Targets" mean the Company's obligation to meet the following two criteria at the
Facility: (1) make the entire amount of the Capital Investment; and (2) create and fill 20
New Jobs.
"Work means any and all of the Company's efforts, pursuits, activities, business
operations and endeavors performed or attempted and associated or in connection with
or related to the Project, including but not limited to all efforts, pursuits, activities,
business operations and endeavors performed by its organizers, directors, officers,
agents, employees, representatives, contractors or any subcontractors.
Sec9on 3. Disbursement of the Grant
(a) The total amount of the grant to be paid by the Anna Economic Development
Corporation under this Agreement is $111,340. The grant proceeds must be
use by the Company for costs that are necessary and incident to financing and
placing the Project into operation and maintaining the Project as required under
this Agreement The amount of $100,000 will be paid to the Company within ten
business days of the later of: (1) the effective date of this Agreement; or (2) the
Start Date. A portion of grant proceeds, in the amount of $11 l340 will be paid to
the Company in 6 consecutive monthly payments each totaling $1,8901 with each
payment being made on or within five business days after the 1 st day of each
month, the first month for payment being the month that begins at least five
business days after the Start Date. Said monthly $1,890 payments shall be used
by the Company during its first year of operations for all or a portion of its lease
and maintenance cons for the Facility.
(b) In addition to the cash grant, the Anna Economic Development Corporation will
make a line of credit available in the amount not to exceed $4,500 per month
which would be paid back with interest and the details of such line of credit
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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outliner! in a separate document that will serve as an addendum to this
agreement.
(c) This Agreement is subject to the duly authorized approval of the Company, the
Anna Economic Development Corporation Board of Directors, and the City of
Anna City Council and absent said approvals this Agreement shall be null and
void notwithstanding any other provision or statement in this Agreement. After
the last of said approvals and the duly authorized approval of this Agreement by
the Company as evidenced by the properly notarized execution of this
Agreement by its President, this Agreement shall be in effect, and the Anna
Economic Development Corporation will implement the disbursement of the grant
proceeds to the Company in accordance with the schedule set forth in subsection
(a), above, in exchange for the Company's promises in this Agreement, which
include but are not limited to the promise to achieve the Targets at the Facility
before the expiration of the 18-month time period stated in Section 4(a) of this
Agreement and to thereafter abide by the Obligation to Maintain.
Section 4. Performance Date and Obligation to Maintain.
(a) Performance Date. The Company is responsible to ensure that the Performance
Date occurs —and the Targets that the Company must meet in connection with
said date are met —on or before the expiration of 18 months after the Start Date.
(b) Obligation to Maintain. The Company must fulfill its Obligation to Maintain for ten
years after the Start Date.
(c) Exception to Obligation to Maintain. Notwithstanding anything in the Agreement
to the contrary, the Company shall have the right, at its sole discretion, to
designate one or more of its employees to be on assignment" and assign such
employees to one or more locations, provided that the Company maintains at the
Facility(ies)--at all times during the period beginning on the Performance Date
and ending on the ten-year anniversary of the Start Date --the active and paid
employment status of at least one individual assigned to work at the Faciliiy(ies)
in each of the 20 New Job positions required to be created under this Agreement,
except that after the termination resignation, or other departure from active paid
status of any employee filling a New Job required to be created under this
Agreement, the Company shall have a reasonable period of time (but in no event
longer than 60 business days or a longer time period if necessary to comply with
the minimum requirements of the Family Medical Leave Act or other applicable
federal or Texas state law governing mandatory employee leave or time away
from the job) to fill the position with an active, paid employee.
Section 6. Repayment Obligation and Other Remedies.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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(a) Determination of Impossibility of Meeting Targets: if the Anna Economic
Development Corporation and the City determine. in their reasonable
discretion exercised in good faith, and find by written resolution at any time
prior to the Performance Date (the"Determination Date's that it would be
impossible for the Company to meet the Target within the 18-morrth period
set forth in Section 4(a) of this Agreement and provided that the Anna
Economic Development Corporation and the City notifies the Company of
such determination in writing within ten business days of such
Determination Date —the Company must repay 100% of the grant proceeds
(plus interest at the rate of 6% per annum or the highest rate allowed by
laws whichever is lower, with interest accruing cumulatively on the total
amount of grant proceeds disbursed beginning on the Determination Date).
(b) Repayment for Failure to Meet Targets. Regardless of whether the
Anna Economic Development Corporation or the City provides a
determination notice as set forth under subsection (a) above, the Company
must repay 100% of the grant proceeds (plus interest at the rate of 6% per
annum or the highest rate allowed by laws whichever is lower, with interest
accruing cumulatively on the total amount of grant proceeds disbursed
beginning on the expiration of 18 months after the date the Company
receives the first disbursement of grant proceeds under this Agreement) if it
fails to meet either of the Targets within the 18-month period set forth in
Section 4(a) of this Agreement.
(c) ReRayMent after Performance Date. If neither the Anna Economic
Development Corporation nor the City provides a determination notice and
the Company meets its Targets within the 18-month period set forth in
Section 4(a) of this Agreement, then the Company shall only be obligated
to repay grant proceeds (plus interest at the rate of 6% per annum or the
highest rate allowed by law, whichever is lower, with interest accruing
cumulatively on the total amount of grant proceeds disbursed beginning on
the first date of the Company's failure to meet its Obligation to Maintain) if it
fails to meet its Obligation to Maintain. if the Company fails to meet its
Obligation to Maintain, the amount to be repaid will be determined by the
date upon which the failure to meet the Obligation to Maintain first occurs,
according to the schedule set forth below and made a part of this
subsection.
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ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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First date of failure to meet
Percentage of total grant
Obligation to Maintain
proceeds to be repaid
Any time after the Performance Date, but before the expiration of 3
years after the Performance Date
100% +interest
Any time between the expiration of 3 years after the Performance
Date, but before the expiration of 5 years after the Start Date
75%
Any time between the expiration of 5 years after the Start Date, but
before the expiration of 8 years after the Start Date
50%
Any time between the expiration of 8 years after the Start Date, but
before the expiration of 9 years after the Start Date
25%
Any time between the expiration of 9 years after the Start Date, but
before the expiration of 10 years after the Start Date
15%
Upon the expiration of 10 years after the Start Date and at all times
No repayment obligation
thereafter
(d) Repayment Dates. Any required repayments shall be due from the Company to
the Anna Economic Development Corporation within ten business days of the
Determination Date, or within ten business days of the date that the Anna
Economic Development Corporation or the City provides written notice to the
Company of its failure to meet the Obligation to Maintain or its obligations with
respect to the Performance Date.
(e) Remedies, In the event that the Company fails to timely repay the grant
proceeds or otherwise materially breaches this Agreement, the Company agrees
that the Anna Economic Development Corporation or the City has the option to
initiate legal action to collect all grant proceeds not yet repaid. If legal action is
initiated, Company agrees to pay all fees, cost and expenses incurred by the
Anna Economic Development Corporation or the City related to the collection of
the grant proceeds, including but not limited to attomey's fees and related
expenses. The remedies stated in this Agreement are cumulative of and do not
limit any other remedies that the Anna Economic Development Corporation or
the City may have at law or in equity.
Section S. Company Reporting.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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The Company shall provide, at the Company's expense, detailed verification reasonably
satisfactory to the Anna Economic Development Corporation of the Company's
progress on the Targets, including but not limited to proof of its Capital Investment in
machinery and equipment and amounts invested in the up -fit of the Facility(ies) as
required under this Agreement, and, as applicable, the Company's Obligation to
Maintain. Such progress reports will be provided annually, starting at twelve months
from the date that the Company receives the first disbursement of grant proceeds, but
may be required quarterly upon written request by the Anna Economic Development
Corporation or the City, and at such other times as the Anna Economic Development
Corporation or the City may require during the period of ten years from the Start Date.
Without liming the scope or type of actions or inactions on the part of the Company
that may result in a material breach of this Agreement, the Company's failure to comply
with this Section will be considered a material breach of this Agreement.
Section 7. Notices.
(a) Any notices required or permitted under this Agreement shall be given in writing,
and shall be deemed to be received upon receipt or refusal after mailing of the
same via United States certified mail, postage fully pre -paid, return receipt
requested or by overnight courier (refusal shall mean return or certified mail not
accepted by the addressee):
If to the Company, to:
Empowered Training Centre, LLC
Attention: Mubina Gillani, President
If to the Anna Economic Development Corporation, to:
Anna Economic Development
Corporation
Attention: Chief Admin. Officer
P4 Box 776
Anna, Texas 75409
and with a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 205
Frisco, TX 75034
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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(b) Either party may change its addresses for notice by providing written notice of
same to the other party and to the City via the manner set forth in subsection (a),
above.
Section B. Miscellaneous.
(a) Entire Agreement: Amendments. This Agreement constitutes the entire
agreement between the parties hereto as to the subject matter contained herein
and may not be amended or modified, except in writing signed by each of the
parties. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns. Neither Party may
assign its rights and obligations under this Agreement without the prior written
consent of the other party which shall not be unreasonably withheld
(b) Governing Law: Venue. This Agreement is made, and is intended to be
performed, in the corporate limits of the City and shall be construed and enforced
by local and state laws within the State of Texas. Jurisdiction, forum and venue
for any litigation arising out of, relating in any way to, or involving this agreement
shall tie exclusively in a court in Collin County. Texas or, as applicable, in the
fiederal district court that is the proper venue for claims arising out of Collin
County, Texas.
(c) Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall bean original, and all of which together shall be one and the
same instrument.
(d) Severabilifir. If any provision of this Agreement is determined to be
unenforceable, then the remaining provisions of this Agreement shall, in the
discretion of the Anna Economic Development Corporation, be voidable or
interpreter as in effect as if such unenforceable provision were not included
herein.
(e) Indemnification and Limitation of Liability. It is expressly understood and agreed
that the Anna Economic Development Corporation has no right of control,
supervision, or direction over the Project or the Work nor does the Anna
Economic Development Corporation have any control, supervision or direction of
the means, methods, sequences, procedures, and techniques utilized to
undertake and complete the Work. There shall be no joint control of the Project
or the Work. THE COMPANY AGREES TO FULLY DEFEND, INDEMNIFY AND
HOLD HARMLESS THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AND THE CITY FROM ANY CLAIM, PROCEEDING, CAUSE OF ACTION,
JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR
GROWING OUT OF, ASSOCIATED OR IN CONNECTION WITH THE
PROJECT OR THE WORK, PROVIDED, HOWEVER, THAT THE COMPANY
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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SHALL NOT BE REQUIRED TO INDEMNIFY THE ANNA ECONOMIC
DEVELOPMENT CORPORATION OR THE CITY FOR ANY DAMAGES OR
OTHER AMOUNTS INCURRED BY THEM FOR WHICH THE SOLE
PROXIMATE CAUSE IS THE NEGLIGENCE, GROSS NEGLIGENCE OR
INTENTIONAL CONDUCT OF THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THE CITY, OR THEIR RESPECTIVE EMPLOYEES,
OFFICERS, REPRESENTATIVES OR AGENTS. THE COMPANY'S DUTY TO
INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO,
ATTORNEY FEES AND RELATED EXPENSES INCURRED BY THE ANNA
ECONOMIC DEVELOPMENT CORPORATION OR THE CITY IN DEFENDING
THEMSELVES OR IN ENFORCING THIS AGREEMENT. THIS PROVISION IS
NOT INTENDED TO AND DOES NOT WAIVE ANY OF THE ANNA ECONOMIC
DEVELOPMENT CORPORATION'S OR THE CITY'S GOVERNMENTAL
IMMUNITIES, INCLUDING IMMUNITY FROM SUIT AND LIABILITY. THIS
AGREEMENT IS NOT INTENDED TO BENEFIT ANY THIRD PARTIES. BY
ENTERING INTO THIS AGREEMENT, THE COMPANY WAIVES ANY AND ALL
RIGHTS AND REMEDIES IN LAW OR IN EQUITY EXCEPT TO SEEK
SPECIFIC ENFORCEMENT OF THE OBLIGATIONS UNDER THIS
AGREEMENT.
(tj Assignment or Sale. The Company may assign, sell, transferor lease (including
through merger/acquisition transactions) all or any part of the Project, the
Company (via a sale of the Company's stock and/or assets, as applicable) or this
Agreement to another person or entity without any prior approval of the Anna
Economic Development Corporation. to the event that the Company assigns,
sells transfers or leases all or any part of the Project or this Agreement to a
separate entity or person, the assignment must provide that the assignee shall
assume all of the obligations of the Company under this Agreement or the
portion(s) of those obligations, as applicable that pertain to the part of the
Project or this Agreement that is assigned or sold. Notwithstanding the foregoing,
the Anna Economic Development Corporation shall have certain reimbursement
rights upon occurrence of a "Triggering Event" as described below. A "Triggering
Event" will be deemed to have occurred if any sale of the Company's assets,
stock or shares, or a merger or acquisition involving the Company results in or
causes:
(1) the dissolution or nonexistence of the Company;
(2) a merger of the Company into a separate company or an acquisition
wherein the Company becomes awholly-owned subsidiary of a separate
company or becomes subject to the control of a separate company; or
(3) a new Controlling Shareholder of the Company.
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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The Company or its successor must provide written notice to the Anna Economic
Development Corporation within ten days of the occurrence of the Triggering
Event, including the name of such separate company, successor company,
controlling company, owning company, or Controlling Shareholder, as the case
may be, any necessary change of address for notice under Section 7(b) his
Agreement, and the address of the principal place of business of such
company(ies) or Controlling Shareholder, or, if the Controlling Shareholder is an
individual, the residence address or business address of the Controlling
Shareholder. Upon the occurrence of a Triggering Event, the Anna Economic
Development Corporation shall have the right at its option, to demand
repayment from the Company or the successor company of up to 100% of the
grant proceeds (plus interest at the rate of 6% per annum or the highest rate
allowed by law, whichever is lower, with interest accruing emulatively on the
total amount of grant proceeds disburses beginning on the date of the Triggering
Event) paid to the Company, in accordance with this paragraph. If such demand
is made, the amount to be repaid will be determined by the date upon which the
Triggering Event occurs, according to the schedule set fords in this Agreement in
subsection 5(c) as though the words "First date of failure to meet Obligation to
Maintain" were replaced with "Triggering Event." The Company or its successor
company shall have the obligation to make such payment no later than 30 days
after having received written notice of such demand. However, the Anna
Economic Development Corporation's right to make such demand shall be
automatically waived unless it sends written nonce of said demand to the
Company or its successor within 30 days after the Anna Economic Development
Corporation's actual receipt of written notice from the Company or its successor
company of the Triggering Event If the Anna Economic Development
Corporation timely exercises the right to demand repayment of the grant
proceeds and the Company or its successor timely makes said repayment, then
the Parties shall be released from their obligations and duties under this
Agreement, and the Agreement shall berme null and void.
(g) Sales Tax. To the extent permitted under applicable law, it is agreed that if the
Company should at any time collect sales tax on the sale of any product, the
Company will designate the Faciliiy('ces) in the City as their point of sale and
collect such sales tax at the Facility(ies), per the terms of this Agreement.
(h) Dissolution of Development Comoration. Should the Anna Economic
Development Corporation become dissolved at any time before the expiration of
ten years after the Start Date, this Agreement shall inure in all ways to the benefit
of the City, and the City shall be deemed to replace the Anna Economic
Development Corporation as the party who has contracted with the Company
under this Agreement
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
PAGE 100F12
(i) Undocumented Workers. In accordance with Chapter 2264 of the Texas
Government Code, the Company certifies that neither it, nor a branch, division, or
department of the Company, will ever knowingly employ an undocumented
worker and that if, after receiving any grant proceeds under this Agreement, the
Company, or a branch, division, or department of the Company, is convicted of a
violation under 8 U.S.C. §1324aft as amended or recodified, the Company shall
repay the total amount of all grant proceeds theretofore received under this
Agreement with interest at 10% per annum or the highest rate allowed by law,
whichever is lower, not later than the 120th day after the date the Anna
Economic Development Corporation or the City notifies the Company in writing of
the violation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
be effective on the date that is described in Section 3(c) of this Agreement,
Anna Economic Development Corporation
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the is day of , 2013.
personally appears 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 Development Co ration.
�y �RCIA
� Notary Public fate of Terms
,nine 2S. 2014
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ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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Empowered Training Centre, LLC
By:
Mub illani, its Director and Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the ft day of L�c¢xnb , , 2013,
personally appeared Mubina Gillani 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 Director and Manager of Empowered Training Centre, LLC and on
behalf of Empowered Training Centre, LLC.
of Texas
N
ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR CAPITAL INVESTMENT PERFORMANCE AGREEMENT
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