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214 E. Main St.
Cuero, Texas 77954
phone 361.275.8178
fax 361.275.6274
www.Cuerodc.com
The application for the Business Retention and Expansion Program must be filed with the Cuero Development
Corporation at 214 East Main Street, Cuero, Texas 77954 prior to filing of Building Permits with the City of
Cuero.
Maximum amount per applicant: $10,000
Applicant
Mailing Address – City, State, and Zip
Phone Number
Fax Number
Description of the Project (Attach additional documentation if necessary)
Positions to be created (Full & Part Time) ____________
Annual Payroll
Positions to be retained (Full & Part Time) ____________
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How long has business been in existence?
__________________
Total cost of proposed project:
$_________________
Amount of grant requested:
$_________________
(Up to 50% of Total Cost above – not to exceed $10,000) This is a cost reimbursement program.
Time Frame (length of project – beginning/ending month
______________________Required
Attachments
List of Improvements Upon Approval -
Bids from contractors/suppliers you intend to utilize Completion of Performance Agreement Map of Project Location Exhibit B – Condition of Receipt of Public
Subsidies/Agreement Regarding Repayment of Documentation of a completed Business Plan from the Interest
University of Houston Victoria – Small Business Development Center (SBDC) shall be included with the completed application. SBDC contact information: 361-575-8944 or toll free 877-895-SBDC.
Please understand that the submission of a completed application is no assurance of project
funding. The Board reserves the right to negotiate with successful applications. All decisions of
the CDC Board are final.
Employees/families of the Cuero Development Corporation are not eligible for this program.
__________________________________________ ___________________
Applicant
Signature
Date
___________________________________________
___________________
Property owner signature (if different from applicant)
Date
___________________________________________
___________________
CDC
Receipt
of
completed
application
Date
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PERFORMANCE AGREEMENT
THE STATE OF TEXAS
COUNTY OF DEWITT
THIS AGREEMENT is entered into by and between the CUERO DEVELOPMENT CORPORATION (“CUERO DEVELOPMENT CORPORATION”), a Type B Sales Tax Non-Profit Corporation whose address is 214 E MAIN STREET, CUERO, TEXAS 77954, and ______***_____________
I.
BACKGROUND
1.1 Purpose: Cuero Development Corporation is a tax-supported non-profit corporation, whose primary income is from sales
tax collected within the City of Cuero and dedicated exclusively to economic development. This sales tax supporting entity is authorized as a local option under V.A.C.S. Art. 5190.6, Sec. 4B. Cuero Development Corporation exists for the primary purpose of developing, stabilizing, diversifying, and expanding the local economy through the retention, expansion, and recruitment of employment opportunities in order to benefit citizens of Cuero and the surrounding areas.
1.2 Project: The project and performance requirements to be implemented by means of this agreement are generally described
as follows:
Funds are to be utilized towards________________________. The performance requirements shall be continuously maintained during the entire term of this agreement.
1.3 Request for Funding: The *** has requested funding in the amount of ___________________ (“the Contract Amount”)
from the Cuero Development Corporation to assist in paying for the project.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants, warranties, and agreements of the
parties, it is agreed as follows:
II.
ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS
2.1 BY THE CUERO DEVELOPMENT CORPORATION
.1 Funding by Cuero Development Corporation: Cuero Development Corporation shall provide a total of
________________ to be applied towards the expenses incurred by *** in connection with the project. In no event shall the Cuero Development Corporation be required to provide the Contract Amount prior to *** complying with the conditions precedent as set forth herein.
Failure by Cuero Development Corporation to timely and fully comply with any performance requirement shall be an act of default by Cuero Development Corporation giving ***, as its sole remedy, the right to the Contract Amount subject however, to the terms and conditions contained in Article VI, paragraph 6.1, herein.
2.2 ***’S CONDITIONS PRECEDENT:
.1 *** shall, by not later than the effective date of this agreement, execute and deliver to Cuero Development Corporation, that “CONDITION OF RECEIPT OF PUBLIC SUBSIDIES/AGREEMENT REGARDING
REPAYMENT OF INTEREST” attached hereto as Exhibit “B”.
.2 In the event that *** fails to meet the conditions precedent as set forth in this paragraph, Cuero Development
Corporation shall be under no obligation to deliver the Contract Amount and this contract shall terminate and the
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.3 When the entire grant project has been satisfactorily completed and reviewed, the applicant shall present the CDC office with copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, for a single reimbursement of the approved funding amount.
III.
COVENANTS, WARRANTIES, OBLIGATIONS AND DUTIES
3.1 *** covenants and warrants to Cuero Development Corporation, that no certificate or statement delivered by *** to Cuero Development Corporation in connection herewith, or in connection with any transaction contemplated hereby, contains any
untrue statement or fails to state any fact necessary to keep the statements contained therein from being misleading. Any false or substantially misleading statement contained herein or failure to timely and fully perform as required in this agreement shall be an act of default by ***. Failure to comply with any one covenant or warranty shall constitute an act of default by ***.
IV.
SUSPENSION/TERMINATION
4.1 Cuero Development Corporation, under the following circumstances, and at its sole discretion, may suspend its obligations
under this agreement or terminate this agreement and recapture from *** the Contract Amount, without liability to ***, upon any one of the following events, which are an act of default.
.1 The appointment of a receiver of the ***, or of all or any substantial part of its property, and the failure of such receiver to be discharged within sixty (60) days thereafter.
.2 The adjudication of *** as bankrupt.
.3 The filing by *** of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding.
.4 The default by *** in the payment of any debt against its property.
V.
REPORTING AND MONITORING
5.1 ***, during normal business hours, at its location in Cuero, Texas, shall allow Cuero Development Corporation reasonable
access to the location of the project to verify that *** has complied with the conditions precedent or set forth herein.
VI.
CUERO DEVELOPMENT CORPORATION’S LIABILITY LIMITATIONS
6.1 *** specifically agrees that Cuero Development Corporation shall only be liable to *** for the Contract Amount and shall not be liable to *** for any other actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Cuero Development Corporation under the terms of this agreement. It is further specifically agreed that Cuero Development Corporation shall only be required to pay the Contract Amount solely out of its sales tax revenue currently collected, allocated and budgeted.
VII.
GENERAL TERMS
7.1 Entire Agreement: This agreement embodies the complete agreement of the parties hereto,
superseding all oral or written, previous and contemporary, agreements between the parties relating to matters in this agreement; and, except as otherwise provided herein, this agreement
cannot be modified or amended without a written agreement of the parties.
7.2 Legal Relationships: No term or provision of this agreement or act of *** in the performance of this agreement shall be
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7.3 Assignment: This agreement shall be binding upon the parties hereto and their successors and assigns. However, this
agreement may not be assigned by either party without the specific prior written consent of the other, which consent will not be unreasonably withheld.
7.4 Representation: *** represents that no Cuero Development Corporation board member or employee, City of Cuero
officer or employee, has been or will be compensated in any manner with respect to directly or indirectly bringing the parties hereto together, agreement, negotiations, or the entering into of this agreement. In no event will *** pay a fee to or in any other manner compensate any Cuero Development Corporation board member or employee, City of Cuero, officer or employee, in connection with the acceptance of this agreement. A breach of this Provision (10.9) shall result in automatic and immediate termination of this agreement, and shall be an act of default by Cuero Development Corporation.
7.5 Term: This agreement becomes effective on ___________________, herein after described as
the “effective date”, and shall terminate on the earlier of: __________________, when the requirements set forth in this agreement are completed, when terminated by mutual agreement of the parties, or when terminated as hereinabove provided. All representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall survive the original execution date of this agreement.
7.6 Forum Selection: This agreement and the relationship between Cuero Development Corporation and *** shall be
governed and interpreted under the laws of Texas without regard to any conflict of laws provision. Venue for any suit arising out of any relationship between Cuero Development Corporation and *** shall be the appropriate court in DeWitt County, Cuero, Texas. *** consents to, and waives any objections to, in personum jurisdiction in DeWitt County, Texas.
7.7 Legal Construction: In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
EXECUTED on the date shown opposite the signature of each party.
_____________ CUERO DEVELOPMENT Date CORPORATION
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Exhibit B
STATE OF TEXAS
*
COUNTY OF DEWITT
*
CONDITION OF RECEIPT OF PUBLIC SUBSIDIES/AGREEMENT REGARDING REPAYMENT OF
INTEREST
WHEREAS _______________________________ has submitted an application to
Receive a public subsidy as defined in Chapter 2264, Texas Government Code (hereinafter “the Code”); and
WHEREAS _______________________________ has certified in said application that neither said
business, nor a branch, division or department of said business knowingly employs or will hereafter knowingly
employ an undocumented worker (as defined in the Code); and
WHEREAS the Code stated that if any business, or a branch, division, or department of the business,
after receiving a public subsidy, is convicted of a violation under 8 U.S.C., Section 1324(f), the business shall
be required to repay the amount of the public subsidy with interest; and
WHEREAS the Code requires that as a condition precedent to CUERO DEVELOPMENT
CORPORATION’s providing such public subsidy, CUERO DEVELOPMENT CORPORATION and
_____________________________________ must enter into a written agreement specifying the rate and terms
of the payment of interest if _________________________________________ is required to repay the public
subsidy.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT CUERO DEVELOPMENT
CORPORATION and ______________________________________ hereby agree that if, after receiving a
public subsidy from CUERO DEVELOPMENT CORPORATION, __________________________________,
or a branch, division, or department of ____________________________ is convicted of a violation of 8
U.S.C., Section 1324(f), that __________________________________ shall repay the amount of the public
subsidy together with interest at the rate of twelve (12) percent per annum, such interest to begin accruing on
the date of such conviction and to continue until all sums owed under this agreement are paid. Such repayment
plus said interest shall be due and payable not later than the 120
thday after the date that the CUERO
DEVELOPMENT CORPORATION notifies __________________________
of the conviction.
Interest on the public subsidy as referenced above shall not exceed the maximum amount of nonusurious
interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that
maximum amount shall be credited on the repayment or, if that has been paid, refunded.
All payments due under this document shall be payable in Cuero, DeWitt County.
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