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2006R18-Memorandum of understanding for economic dev Schwab RoadRESOLUTION NO. 06-R-18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING FOR AN ECONOMIC DEVELOPMENT PROJECT CONCERNING SCHWAB ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas (the "City") has determined that it is in the best interest of the City to enter into a Memorandum of Understanding relating to a road project to stimulate economic development in conjunction with new distribution and retail facilities; now, therefore, THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver a Memorandum of Understanding containing the terms set forth on Exhibit A hereto, with any additions and modifications which are not inconsistent with such terms. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Goveimnent Code. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Schwab Aoad Resol.doc PASSED AND ADOPTED, this Is` day of August, 2006. CITY OF SCH TZ, TEXAS ~~..--=~ Mayor ATTEST: ~ eL-c~2~,t~-- ty Sec aiy (CITY SEAL) Schwab Road Resol.doc EXHIBIT A LACKS DISTRIBUTION CENTER/RETAIL SITE SCHWAB ROAD PROJECT MEMORANDUM OF UNDERSTANDING Summary of Elements Parties: City of Schertz (the "City"), Schertz Economic Development Corporation (the "4B Corporation"), Comal County (the "County"), Charles Forbes ("Forbes"), and Lacks Furniture ("Lacks") Lacks Development: @ 350,000 sq. ft. Lacks distribution center and retail store Development Site: to be located on 2 portions of an @192-acre tract currently owned by Forbes between Schwab Road and Friesenhahn Road on the North frontage road of II3 35 Proposed Cooperative Public Project: realign and improve @ 3,350 linear feet of Schwab Road currently bordering the Northeast side of the Forbes tract[ to provide better access to the Lacks Development at an estimated cost of $975,000 (the "Project"); the City (or the 4B Corporatior), the County, and Lacks will share the road construction cost equally; Forbes will dedicate additional ROW as required; the County will provide its ROW as required; Lacks' engineer will design the road to City standards to serve the Lacks Development and eventual development by adjacent property owrrers; the City will bid and oversee conshvction Annexation: the City will annex the improved road (to the extent it is not already within the City's corporate boundaries after realignment) and any abandoned County/Schwab Road ROW when the Project is complete and will assume road maintenance responsibility; the abandoned road/ROW will be quitclaimed to Forbes (and adjacent landowners?) by the City as permitted by law Reimbursement to the City and the County: the City (and the County -see "Documentation" below) will investigate their authority to impose a roadway facility impact fee or other Project reimbursement rnechanism upon property owners adjacent to the improved road to require their fmancial participation in the cost of the Project as they develop their property; payments received will be split evenly between the City and the County to reimburse their shares of the Project costs Incentive to Lacks by the City: rebate Lacks' inventory tax for 3 years, not to exceed a total of $120,000, and a 10-year tax phase-in valued at @ $430,000 Clawback to the City and the County from Lacks: if Lacks does not start or complete the Development by agreed dates, it will reimburse the City and the County for a portion of their respective Project costs ' The Forbes tract is entirely within the corporate bowndaries of the City. Schwab Road, before realignment, is entirely within the City's ETJ in the County. Schwab Road Resol.doc A_ 1 Documentation: the transaction may be contained in a series of related documents, with particular documents involving some but not all of the Parties; to the extent the County cannot directly contract to take certain actions to be coordinated by the City and the County, but the City can do so, the City and the County will work to structure agreements between themselves to accomplish their joint goals. Schedule: to be determined after the City and the County approve the concept of the concept of the cooperative Project Memorandum of Understandiug not legally binding: The Memorandum of Understanding to be prepared is intended not to be legally binding but is intended to express the current goals of the Parties in developing the Project. The Memorandum of Understanding is expected to be expanded into one or more enforceable agreements among the Parties, which will require further approvals by all Parties. Schwab Road Resol.doc A_Z