HomeMy WebLinkAbout7293RESOLUTION NO. 7293
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND T.R.
TOPPERS, INC. RELATING TO A JOB CREATING
CAPITAL IMPROVEMENT PROJECT AND AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR FROM THE
1992 SALES AND USE TAX CAPITAL IMPROVEMENT
PROJECT FUND
WHEREAS, T.R. Toppers, Inc. has expressed a willingness to
locate its business activities within the City of Pueblo and has
committed to employ at its facilities in Pueblo, Colorado, not
less than ten employees during the 2 -year period commencing 4
months from date of the agreement and not less than twenty -five
employees during the next 3 -year period, and
WHEREAS, T.R. Toppers, Inc. through the Pueblo Economic
Development Corporation has made application for funds from the
1992 Sales and Use Capital Improvement Project Fund, and
WHEREAS, the City Council is willing to approve such
application for funds upon the terms and conditions set forth
herein; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council does hereby find and determine that T.R.
Toppers, Inc.'s application for funds meets and complies with tie
criteria and standards established by Ordinance No. 5742 and will
create employment opportunities justifying the expenditure of
public funds.
SECTION 2
The Agreement dated January 10, 1994 between Pueblo, a
municipal corporation and T.R. Toppers, Inc., a copy of which is
attached hereto and incorporated herein, having been approved as
to form by the City Attorney, is hereby approved. The President
of the City Council is authorized to execute and deliver the
Agreement in the name and on behalf of the City and the City Clerk
is authorized and directed to affix the seal of the City thereto
and attest same.
Funds in an amount not to exceed $20,000 are hereby
authorized to be expended and made available to T.R. Toppers, Inc.
out of the 1992 Sales and Use Tax Capital Improvement Project Fund
for the sole purpose of reimbursing it for the cost of labor and
material for leasehold improvements and equipment as described in
the attached Agreement. The funds hereby authorized to be
expended shall be released and paid by the Director of Finance to
T.R. Toppers, Inc. upon receipt of written requests for payment
certified by an authorized officer of T.R. Toppers, Inc. that the
amounts included in the requests for payment are for the costs of
such leasehold improvements and equipment.
n»n m A
This Resolution shall become effective upon final passage.
INTRODUCED: January 10, 1994
By JOHN CALIFANO
Councilperson
ATTEST: APPROVED:
C'ty Clerk 6 y,e s dent of the City Council
TJ 71.27 -2-
AGREEMENT
THIS AGREEMENT entered into as of the 10th day of January,
1994 between Pueblo, a municipal corporation (the "City ") and T.R.
Toppers, Inc., an Idaho corporation (the "Company ").
WHEREAS, Company has expressed a willingness to locate its
business within the City of Pueblo, and in furtherance thereof has
through the Pueblo Economic Development Corporation made
application for funds with the City, and
WHEREAS, the City is willing to approve such application and
make funds available to Company subject to and upon the terms and
conditions of this Agreement.
NOW, THEREFORE, City and Company agree as follows:
1. Company has or will enter into a two -year lease of real
property located at 303 S. Santa Fe Avenue, Pueblo, Colorado (the
"Lease ") and will conduct its business activities at such location
(the "Leased Premises ").
2. City will advance $20,000 to Company for the following
purposes: $10,000 to reimburse Company for the cost of leasehold
improvements to the Leased Premises, and $10,000 to reimburse
Company for the cost of equipment to be located on the Leased
Premises, subject to and contingent upon:
(a) Company entering into and filing an executed copy
of the Lease with the City Clerk of City.
(b) Company submitting to the Director of Finance of
City written requests for payment certified by an authorized
officer of Company that the amounts included in the requests for
payment are for the cost of labor and material used and consumed
in the construction and completion of the leasehold improvements
and /or acquisition of the equipment to be located on the Leased
Premises.
3. Company acknowledges that the primary purpose of City
entering into this Agreement and the sole benefit to the City for
making such funds available to Company is the creation of jobs,
therefore, Company represents and agrees that it will employ
within the City of Pueblo the following number of full -time
employees: not less than ten (10) during the two (2) year period
commencing four (4) months from date hereof and not less than
twenty -five (25) during the next 3 -year period. Within thirty
(30) days after each anniversary of this Agreement, Company will
certify in writing to City the number of full -time persons
employed during each month of the prior year within the City of
Pueblo by Company. For purposes of verifying such employment,
City shall have access to Company's payroll records.
4. Notwithstanding anything contained herein to the
contrary, if Company shall default in its employment commitment
set forth in paragraph 3 hereof, Company will repay to City a
pro -rata share of the funds advanced and paid to Company by City
based upon the number of persons employed by Company as follows:
$2,000 for each employee less than 10 Company employs during each
year of the two (2) year period commencing four (4) months from
date hereof, and $800 for each employee less than 25 Company
employs during each year of the next three (3) year period. The
number of employees shall be computed on an annual average for
each year. All funds required to be repaid by Company hereunder
shall bear interest at the rate of eight (8) percent per annum
from the date advanced and paid by City to Company. In the event
of litigation arising out of this Agreement, the court shall award
to the prevailing party its costs including reasonable attorney
fees.
5. This Agreement expresses the entire understanding of the
parties and incorporates all prior dealings and commitments with
respect to the subject matter of this Agreement and may not be
amended except in writing signed by City and Company.
6. This Agreement shall be construed and governed by the
applicable laws of the State of Colorado and may not be amended
except by written instrument signed by both parties hereto.
7. Any notices hereunder shall be sufficiently given if
given personally or mailed by first class mail, postage prepaid,
addressed:
(a) if to City, City Manager, City of Pueblo, 1 City
Hall Place, Pueblo, Colorado, 81003, or
(b) if to the Company, 1979 Wall Avenue, Ogden, Utah,
84401,
or to such other address as either party shall specify in written
notice given to the other party.
8. This Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and
assigns, provided Company may not assign this Agreement or any
interest herein without the prior written consent of City. Any
attempted assignment without the consent of City shall be null and
void.
9. The person signing this Agreement on behalf of a party
hereto represents and warrants that such party and person have the
requisite power and authority to enter into, execute, and perform
this Agreement.
Executed at Pueblo, Colorado, the day and year first above
written.
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[SEAL] PUEBLO, A MUNICIPAL CORPORATION
ATTEST: By (]�� IY&4
Cit Clerk P - sidgent of the City Council
[SEAL] T.R. TOPPERS, INC.
ATTEST: By
Secretary President
TJ 71.11 -3-
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
February 7, 1996 PUEBLO, COLORADO 81003
Ms. Gina Dutcher
City Clerk
1 City Hall Place
Pueblo, Colorado 81003
Re: T.R. Toppers, Inc.
Dear Gina:
Enclosed is an Agreement dated December 29, 1993 which has been signed by Tim Rode and
Greg Rode which we believe would be legally sufficient since the covenants and provisions are
identical to the ones approved by the City Council. Although we would prefer that the January
10, 1994 Agreement be executed we believe the December 20, 1993 Agreement to be legally
sufficient and adequate. We are also returning herewith the original Agreement which you
forwarded to us with your February 5, 1996 memo.
Very truly yours,
.r
Thomas lgger
sm
enc.
12/7/93
AGREEMENT
THIS AGREEMENT
entered into as
of the 20 _ day of
Dece
199 3 between
Pueblo, a municipal
corporation (the
"City") and
— TR Toppers
a private
corporation ( the
"Company ") .
included in the
requests for
WHEREAS, Company has expressed a willingness to locate its
business within the City of Pueblo, and in furtherance thereof has
through the Pueblo Economic Development Corporation made
application for funds with the City, and
WHEREAS, the City is willing to approve such application and
make funds available to Company subject to and upon the terms and
conditions of this Agreement.
NOW, Tt11;REFORI , City and Company agree as follows:
1. Company has or will enter into a 2 -year lease of
real property located at 303 S San Fe , Pueblo, Colorado
(the "Lease ") and will. conduct its business activities at such
location (the "Leased Premises ").
2. City will advance $20,000 to Company for the following
purposes: $10,000 to reimburse Company for the cost of leasehold
improvements to the Teased Premises, and $10,000 to reiinbur.se
Company for the cost of equipment to be located on the Leased
Promises, subject to and contingent upon:
(a) Company entering into and filing an executed copy
of the Lease with the City Clerk of City.
3. Company acknowledges that the primary purpose of City
entering into this Agreement and the sole benefit to the City for
making such funds available to Company is the creation of jobs,
therefore, Company represents and agrees that it will employ
within the City of Pueblo the following number_ of full -time
employees: not lass than ten (10) during the two (2) year period
commencing four. (4) months from date hereof and not less than
Lwenty -five (25) during Lhe next 3 -year period. Within thirty
(30) days after each anniversary of this Agreement, Company will
certify in writing to City the number_ of full -time persons
employed during each month of the prior year within the City of
Pueblo by Company. For purposes of verifying such employment,
City shall have access to Company's payroll records.
(b) Company submitting to
the Director. of
Finance of
CiLy wriAl_en
requests
for payment
certified by an
authorized
officer
of Company
that the amounts
included in the
requests for
payment
are for Lhe
cost of labor and
material used
and consumed
in the
construction
and completion of
the leasehold
improvements
and /or
acquisition
of the equipment
to be located on
the Leased
Premises.
3. Company acknowledges that the primary purpose of City
entering into this Agreement and the sole benefit to the City for
making such funds available to Company is the creation of jobs,
therefore, Company represents and agrees that it will employ
within the City of Pueblo the following number_ of full -time
employees: not lass than ten (10) during the two (2) year period
commencing four. (4) months from date hereof and not less than
Lwenty -five (25) during Lhe next 3 -year period. Within thirty
(30) days after each anniversary of this Agreement, Company will
certify in writing to City the number_ of full -time persons
employed during each month of the prior year within the City of
Pueblo by Company. For purposes of verifying such employment,
City shall have access to Company's payroll records.
4. NotwithsLandi.ng anything contained herein to the
contrary, if Company shall defaulL in its employment commitment
set [or_th in paragraph 3 her_eol, Company will- repay to City a
pro -rata share of the funds advanced and paid to Company by City
based upon the number of persons employed by Company as follows:
$2,000 for each employee less than 10 Company employs during each
year of the two (2) year period commencing four (4) months from
date hereof , and $800 for each employee less Lhan 25 Company
employs during each year of the next three (3) year period. The
number of employees shall be computed on an annual average for
each year. All funds required to be repaid by Company hereunder
shall bear interest at the rate of eight (3) percent per annum
r.rom the date -advanced and paid by City to Company. In the event
of litigation arising out of this Agreement, the court shall award
l:o the prevailing party its costs including reasonable attorney
frees .
5. This Agreement expresses the entire understanding of the
parties and incorporates all prior dealings and commitments with
respect to the subject matter of this Agreement and may not he
amended except: in writing signed by City and Company.
6. This Agreement shall he construed and governed by the
applicable laws of the State of Colorado and may not be amended
except by written instrument signed by both parties hereto.
7. Any notices hereunder shall be sufficiently given if
given personally or mai.l.ed by first class mail, postage prepaid,
addressed:
(a) if to City, City Manager, City of Pueblo, 1 City
"all. Place, Pueblo, Colorado, 81003, or
(h) if to the Company, 1979 Wall Avenue, Ogden, Utah,
84401,
or to such other address as either_ party shall specify in written
notice given to the other party.
8. This Agreement shall he binding upon and inure to the
benefit of the parties and their respective successors and
assigns, provided Company may not assign this Agreement or any
interest herein without the prior_ written consent of City. Any
attempted assignment without the consent of City shall be null and
void.
9. The person signing this Agreement on behalf of a party
hereto represents; and warrants that such party and person have the
requisite power and authority to enter into, execute, and perform
this Agreement.
Executed at Pueblo, Colorado, the day and year f_ first above
written.
-2-
[SEAL1
ATTEST:
City C1er.k
[SEAL]
ATTEST: _
-mam
Vice President
PUEBLO, A MUNICIPAL CORPORATION
By__
President of the City Council.
By
President
TJ 71.11. -3-