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2011-R-50 - EDC incentive to Javanook, LLCRESOLUTION NO. 1L-R-50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXA5 APPROVING A $10,000 ECONOMIC DEVELOPMENT INCENTIVE FROM THE SCHERTZ ECONOMIC DEVELOPMENT CORPORATION TO JAVANOOK, LLC, AUTHORIZING A DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council"} of the City of Schertz {the "City") has determined that it is in the best interest of the City (1) to approve a $10,000 economic development incentive (the "Incentive") from the City of Schertz Economic Development Corporation (the "SEDC") to JavaNook, LLC, a Texas limited liability company ("JavaNook"}, relating to capital investment and improvements {the "Improvements") in connection with the continued operation of JavaNook's coffee house operations in the City; WHEREAS, the City Council has determined that the expenditures related to the Improvements are required or suitable in order to promote or develop new or expanded business enterprises in the City and to encourage the expansion of the tax base, the creation and retention of job opportunities in the City, the accomplishment of the goals of the City's Main Street Revitalization Study, and the enhancement of the entertainment and tourism offerings of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves an economic development incentive from the SEDC to SPV in the amount of $10,000. Section 2. The City Council hereby approves, and authorizes the President (or the Vice President in the President's absence) of the SEDC and the City Manager of the City, or his designee, to execute and deliver, the Development Agreement with JavaNook in substantially the form set forth on Exhibit A. Section 3. 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 City Council. Section 4. 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resolutions, or parts thereof; which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section b. 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 50349737.1 of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provisian. Section 7. 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, Texas Government Code, as amended. Section S. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1st day of November, 2011. CITY OF SC RTZ, TEXAS ~ r Mayor ATTEST: City Secretary (C1TY SEAL) 50449737.1