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Res 2003-032
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Res 2003-032
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Last modified
10/25/2004 3:26:29 PM
Creation date
9/11/2003 2:05:55 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2003-32
Date
2/10/2003
Volume Book
151
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<br />initial payroll provided in Section K of this agreement during the contract period specified in the RLF <br />Contract unless closure or reduction of the number of employees, in the reasonable opinion of the <br />Company, is essential for the economic viability of the Company. <br /> <br />H. Quarterly ReportsNisits. The City shall be required to make quarterly visits to the Company at the <br />project site to assess/monitor the Company's progress toward job creation requirements of this <br />agreement and requiring the Company to provide to local officials of the City at the time of on site <br />visits information regarding job creation and any other information deemed necessary by the City to <br />administer the agreement for a period not to exceed thirty-six (36) months, or any extension of time <br />agreed to in writing. The Company shall also be required to submit to the City any signed reports <br />required, but especially reports called "Private Business Employment Reports", "Employee <br />Certification Reports" and "Employee Summary Reports", on a quarterly basis. <br /> <br />I. Records. The Company shall be required to maintain records and provide reports regarding the <br />documentation of low and moderate income benefit and beneficiaries by race, ethnicity, gender, and <br />handicap status in a manner prescribed by the City. The Company shall submit to the City <br />documentation (e.g., canceled checks, receipts and invoices) of the Company's injection of $25,600 <br />funds for verification of the injection of funds to be utilized in conjunction with the RLF Project for a <br />period not to exceed thirty-six (36) months. The Company shall provide to the City, upon request, <br />evidence that project funds, both private and contract, were expended as specified in Exhibit A of this <br />Agreement and Lease. <br /> <br />J. Legal Description. The Company shall provide to the City a complete legal description of the property <br />upon which the Company shall construct the improvements described in Exhibit "A" of this <br />agreement, said property being described as follows: <br />Ten acres, more or less, out of the Charles Henderson Survey No. 55, Abstract No. 226, Hays <br />County, Texas, and being more particularly described by metes and bounds in Exhibit "E" <br />attached hereto. <br /> <br />K. Company Payrolls. The Company shall provide to the City a copy of the Company's payroll verifying <br />the number of persons employed at the San Marcos, Texas location as of February 10, 2003 to <br />establish an employment benchmark. The Company shall also provide to the City a copy of its payroll <br />for the San Marcos, Texas location at the close-out of this contract. At a minimum, the payroll reports <br />shall provide the following information for all employees: Full name of employee, Social Security <br />Number, and full-time or part-time status as defined in the most recent version of the RLF Application <br />Policies, Procedures and Definitions. <br /> <br />L. Performance Statement. The Company shall be required to perform all activities outlined in Exhibit A, <br />Performance Statement, of this contract. <br /> <br />M. Guaranty. The Company and The Fountain People, Inc. shall execute corporate guaranties to the City <br />to be jointly and severally liable for the amount of funds provided to construct the Company's facility <br />under this agreement. Additionally, Gerald B. Ebei, Mark Terstreip, Stephen Case, Preston Tatum, <br />and their spouses shall execute personal guaranties to be jointly or severally liable for the amount of <br />funds provided to construct the Company's facility under this agreement. <br /> <br />N. Title Insurance Policy. The Company shall provide to the City a Title Insurance Policy commitment in <br />the amount of $250,000.00 that reflects the City as the insured prior to the City's release of funds for <br />construction. Once construction is completed, the Company shall provide to the City a Title <br />Insurance Policy as stated above. <br /> <br />O. Appraisa]. The Company shall provide to the City an appraisal completed by a State Certified General <br />Appraiser on the property for this project upon completion of the construction outlined in Exhibit "A" of <br />this agreement, reflecting a minimum value of $500,600.00. <br /> <br />3 <br /> <br />Initial as to approval: Company _ City_ <br />
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