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12-R-103 Economic Development Incentive Agreement AmazonRESOLUTION NO. 12-R-103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ~EXAS-Ai7T'HORIZING AN-ECONOMIC-DEVEI~OPIVIEIVT INCENTIVES AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, GUADALUPE COUNTY, TEXAS, AND AMAZON.COM.KYDC LLC; AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by City Ordinance No. 12-T-i5, the City of Schertz, Texas (the "City") established a program under Chapter 380, Texas Local Goverment Code, as amended, to promote economic development and to stimulate business and commercial activity in the City (the "380 Program"); and WHEREAS, the City of Schertz Economic Development Corporation ("SEDC") Board approved the Economic Development Incentives Agreement set forth on Exhibit A attached hereto and incorporated herein (the "Agreement") among the City, the SEDC, Guadalupe County, Texas (the "County"), and Amazon.corn.kydc LLC (the "Developer"), pursuant to the City's 380 Program, at the SEDC's Board meeting on November 6, 2012; and WHEREAS, the SEDC has recommended that the City approve and enter into the Agreement with the SEDC, the County, and the Developer; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; Section 1. The City Council hereby approves the Agreement and authorizes the City Manager to execute and deliver the Agreement with the SEDC, the County, and the Developer in substantially the form set forth on Exhibit A. 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 City 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolutian shall be and remain controlling as to the matters resolved herein.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 S. If any provision of this Resolution or the application thereof to any person or circumstance shall 6e 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 City 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 SS1, Texas Government Code, as amended. Section 7. This Resolution small be in force and effect from and after its final passage, and rt is so resolved. PASSED AND ADOPTED, this 6kh day of November, 2412. CITY OF SCHERTZ, TEXAS Ma ro-Tem ATTEST: City Secretary (CITY SEAL) EXHIBIT A ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT A-1