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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. -2- [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-