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HomeMy WebLinkAboutRES 24-068RESOLUTION NO. 24-068 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2024, the City Council authorized the City Manager to enter into an agreement with GP Realty and Management, Inc., to allow a three (3) year 100% municipal tax abatement, building fee waivers and expedited permit reviews of a mixed -use building including retail and apartments at 670-72 and 690 Orleans Street. The approved abatement period begins June 1, 2024, and terminates May 31, 2027; and, WHEREAS, for GP Realty and Management, Inc., to receive the full incentives for their qualified project through the Neighborhood Empowerment Zone Program, Administration requests authorization to amend the municipal tax abatement period to begin January 1, 2025, and terminate December 31, 2028; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to amend an agreement with GP Realty and Management, Inc., for,economic development incentives to include: a possible three (3) year 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other• uses, building fee waivers (not including lap and meter fees), and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of a mixed -use building including retail and apartments at 670-72 and 690 Orleans Street to begin January 1, 2025, and terminate December 31, 2029. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Goveriu-lent Code, Chapter 551. PASSED BY TIIE CITY COUNCIL of the City of Beaumont this the 101 day of March, 2024. � W-LmOft ` h. - Mayor Roy West - STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home -rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as "City"; and GP Realty and Management, hie., 4606 FM 1960 W. Ste, 640, Houston, Texas, hereinafter referred to as "Business owner" and as "Property Owner". W ITNESSETH: WHEREAS, On the eighth day ofDecen-iber, 2015, the City Council of the City of Beaumont, Texas, passed Ordinance No. 15-055 , establishing the boundaries of Empowerment Zone Number Five, for residential and commercial tax abatements as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code, et seq, as amended, hereinafter referred to as "Statute". WHEREAS, in order to maintain and/or enhance the local economy and/or provide duality, affordable housing, in accordance with said Ordinance and Statute, the City and GP Realty and Management, Inc., kmwn herein as the Business Owner and Property Owner do mutually agree as follows; 1. The property, known as the "Premises" to be the subject of this Agreement shall be the property at 670-72 and 690 Orleans, Beaumont, Texas and described as Lots 317, 318, 319, eastern 40' of 320 and 328, Block 50, Original Townsite of Beaumont, Beaumont, Jefferson County, Texas. 2. The Business Owner shall cause to be developed a mixed -use building including retail and apartments with a total investment of $1,700,000, known herein as the "Project," on 1 the Premises and shall not have a construction cost less than $75,000 and shall be completed not later than May 30, 2025. 3. The Business Owner and Property Owner agree to pursue these improvements as good and valuable considerations of this Agreement. 4. In the event that the Project and improvements for which all abatement has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to termination and all delinquent taxes and taxes which otherwise would have been paid to the City without the benefit of abatement will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of any such event. In the event that the Business Owner or Property Owner defaults in the ternns and conditions of this Agreement, the City shall give the Business Owner and Property Owner written notice of such default and if the Business Owner or Property Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Richard Gilbert GP Realty and Management, Inc. 1502 Elk River Road Houston, Texas 77069 Richard Gilbert GP Realty and Management, Inc. 4606 FM 1960 W, Suite 640 Houston, Texas 77069 5. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, ditties, terms, conditions or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from the Business Owner or Property Owner. The Business Owner and Property Owner specifically agree that the City shall only be liable to the Business Owner and Property rN Owner for the amount of waivers and abatement, outlined herein, attorney's fees, and costs of court, shall not be liable to the Business Owner or Property Owner for any alleged consequential damages. The Business Owner and Property Owner hereby waives any rights or remedies available to it at law or in equity. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows. Kenneth Williams, City Manager City of Beaumont 801 Main Beaumont, TX 77701 6. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Other than assignment to a GP Realty and Management, Inc., affiliate, this Agreement cannot be assigned by the Business Owner or Property Owner to anyone or ally other entity which is not an affiliate of GP Realty and Management, Inc., unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 7. The Business Owner and Property Owner agrees to hold the City harmless front any and all kinds of claims, losses, damages, injuries (including death), snits or judgments involving the City and relating to such improvements, 8. The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. In addition, the Business Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data in order to ensure performance under this agreement. 9. The base year value of this project is January 1 of t11e year it is executed by both parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real vahte resulting from these improvements of 3 these Premises, are hereby abated in their entirety for a three-year period beginning January 1, 2025 and terminating Decen-tber 31, 2028. 10. Exemption fron-, planning and building fees associated with new construction, though not including water tap fees, shall be made as part of this agreement. 11. in addition, the City and the Business Owner agree to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications, subdivision applications, plat approvals, development applications and building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 12, The City and the Business Owner and Property Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 13, if the Business Owner or Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Business Owner or Property Owner will notify all parties in writing and the obligations of either the Business Owner or Property Owner and the City will be deemed terminated and of no further force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any. 14. This Agreement was authorized by resolution of the City Council at its meeting on the , authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Business Owner and Property Owner when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. 4 The Agreement is performable its Jefferson County, Texas, winless our bands This day of CITY OF BEAUMONT ATTEST: Tina Broussard City Cleric BUSINESS OWNER Kenneth Williams City Manager By: P44 Richard Gilbert GP Realty and Management, Inc. ATTEST: PROPERTY OWNER By: Lzj"-� 4.,&- Richard Gilbert GP Realty and Management, Inc. ATTES 5 4 1C11 WITIt 6011014711NITV REA111UNw,Vk m . r • X • n - 13 CITY OF BEAIJMON`I' APPLIC.f1TION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this apjrlicatioii is to present to the City of *Bcaun-lont a reasonably comprehensive outline of the project for which the hieentives are requested. Please review the Neighborhood Empowerment. Zone guidelines carefully before coinpletiiig this application. If additional. space is needed, separate sheets may be attached.. Types of incentives that you are seeking: 1" Building Fee Waivers Expediited Permit Review ❑ lLaiiOU Waivers Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: (qr,D6147y^e0 �A � 7� I SIC` . qG d eo 2, T pe of organization (Corporation, Ltd. Pm1nership, etc.): ea jJ , 3. Date orgy ization formed: 9/ 7 I9gD 4. Address and telephone number of headquarters location- y 4()(0 rM I 4 a tj,,�:7C; 6 q61 /-leVS 71W, Y X 5. State(s) in which business is registered: 7�kl.S 6, Other locations of this business (manes of cities): J(l A F-M 10t4o W. ST I GgOtf46S'i' lw ?'76 )16elI Ply: elfl-�q'!P1179S 7. Is business currezrt with all taxes? yam, 8. Name, address, kind tel 1toFte number ofprinci al officers: �e > Cyr f3c 7 U2 Diu biz ., 1*05'70rj TX ?? (?° 9. Name, address & phonic nun-iber of designated contact person, 'K'A N-(c As IARo U6 10, Type of businessto be conducted and goods or services to be, produced or provided: %n ? x6 a "-5�e eM r t-APv� )VA re-rM &qT�5 11. Location of project (sheet address): 12, Legal (lot, block & subdivisioo) description of the protect (Attach plat of property): lw`t�5 31 r7 Arm 31Ir 8/4,�K -56 13, Identify and describc the kind, ni niber aril location of all improvements to the physical property a}td discuss the development sclrcdule of the proposed improvements 13u(4.0 H0vr 6W1771r Cl' "TJ0 ice, 61s�'���' p�rrtnf�r'5 A&C 1? ,�r1J � S"CR�1 ri`T. AR6w6'pSlru \ Mutrf r r 1 41�1 We 19d;60I t 0 140R, 71f .sue, �� � -y is � 7' dhc I� C'�a��[ /� 0►�( A N ���xt'tcwNj zG�nl "3 !,?c1 47Z 4-4.96 � nr� J�'��yrF-r� S7, � �c-M7F�i 1 a/ t � t 14. What infiastruettu°e constrnotion will be required to serge the proposed project? What is the estimated cost of this coilstruction? e0944W r t S "-r{ N 15. Estimated Co1131i"tielior7 oot1li11eiicciiiej)tdiite: Olftoeq 16. Estnnated construction completion date: sI of `2015 17, Estimated date for project to be operational: (p/ � � -Z 6 2 18. City liens requested to be released, it 0l EMPLOYMENT IMPACT (for Non-residential Projects) 19, What is the estimated number of pernianerit full-time new jobs that will be created? 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood l ;utpowermeint Zone (b) City of Beaumont (e) Jefferson County (d) Outside. Jefferson County 21, How many new, temporary and part -tine jobs wilt be created in Beaumont? 22, What types of jobs will be created? 23. What wilt be the total project atlnual payroll of the newly created jobs`? 24, Will specialized training be required? If so, what type? FISCAL IMPACT 25, Is there an anticipated cost to the City ofBcauinont for providing municipal services to the proposed project? /./ 0 COMMUNITY .IMPACT 28. Do yoti anticipate the proposed project having a substantial impact on tine local residential, commercial or retail market?H6 29. Will rezoning and platting/replatting be required? A/6 2 It is understood that the information provided herein is based on estll a(es and projections, but that such estimates and projections have been filly investigated and are made in good faith as to their amiracy. It is further understood that any information provided herein that is actual and not estimated is ropa-esented to be trite and Correct. Any informatioxr herein, which is misrepresented as true and correct or for which there is no good firith basis, may result in the denial of consideration for or termination of incentive agreement. Date 3 If you have arty q«estioRs about this application please call the Community Development Department at (409) 880-3762. CITY OF BEAUMONT STAFF RECOMNIENDATION(S) AND/OR COMMENT(S); (To be completed by City of Beaumont Staff Only) 2. Recommendation: y� Approve Disapprove Comments: 0 b e a u mct i I it []pjy�q��' Em��Aow1�rR [�[ijff enF Zones 1 m East Lucas Interstate '1 iYVlILVYVII� s'One &- Ldve al" ar ti tY li proporedbyCity ofHeaurRont CnmMunity Duvelopnnml Department S STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont,Texas, a home-rule city and municipal corporation of Jefferson County,Texas, acting herein by and through its City Manager,hereinafter referred to as"City"; and GP Realty and Management, Inc.,4606 FM 1960 W. Ste. 640,Houston, Texas,hereinafter referred to as "Business Owner" and as"Property Owner". WITNESSETH: WHEREAS,On the eighth day of December, 2015,the City Council of the City of Beaumont, Texas, passed Ordinance No. 15-055 ,establishing the boundaries of Empowerment Zone Number Five, for residential and commercial tax abatements as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code,et seq, as amended,hereinafter referred to as "Statute". WHEREAS, in order to maintain and/or enhance the local economy and/or provide quality, affordable housing, in accordance with said Ordinance and Statute,the City and GP Realty and Management, Inc.,known herein as the Business Owner and Property Owner do mutually agree as follows: 1. The property, known as the"Premises"to be the subject of this Agreement shall be the property at 670-72 and 690 Orleans,Beaumont,Texas and described as Lots 317, 318, 319, eastern 40' of 320 and 328, Block 50, Original Townsite of Beaumont,Beaumont, Jefferson County, Texas. 2. The Business Owner shall cause to be developed a mixed-use building including retail and apartments with a total investment of$1,700,000,known herein as the "Project,"on 1 • the Premises and shall not have a construction cost less than$75,000 and shall be completed not later than May 30,2025. 3. The Business Owner and Property Owner agree to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvements for which an abatement has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to termination and all delinquent taxes and taxes which otherwise would have been paid to the City without the benefit of abatement will become a debt to the City and shall be due, owing and paid to the City within sixty(60) days of any such event. In the event that the Business Owner or Property Owner defaults in the terms and conditions of this Agreement, the City shall give the Business Owner and Property Owner written notice of such default and if the Business Owner or Property Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Richard Gilbert GP Realty and Management, Inc. 1502 Elk River Road Houston, Texas 77069 Richard Gilbert GP Realty and Management,Inc. 4606 FM 1960 W, Suite 640 Houston, Texas 77069 5. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, duties,terms,conditions or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety(90)days to cure and remove the Default upon receipt of written notice to do so from the Business Owner or Property Owner. The Business Owner and Property Owner specifically agree that the City shall only be liable to the Business Owner and Property 2 Owner for the amount of waivers and abatement, outlined herein, attorney's fees, and costs of court, shall not be liable to the Business Owner or Property Owner for any alleged consequential damages. The Business Owner and Property Owner hereby waives any rights or remedies available to it at law or in equity. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kenneth Williams, City Manager City of Beaumont 801 Main Beaumont,TX 77701 6. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Other than assignment to a GP Realty and Management, Inc., affiliate,this Agreement cannot be assigned by the Business Owner or Property Owner to anyone or any other entity which is not an affiliate of GP Realty and Management, Inc.,unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 7. The Business Owner and Property Owner agrees to hold the City harmless from any and all kinds of claims, losses, damages, injuries(including death),suits or judgments involving the City and relating to such improvements. 8. The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. In addition,the Business Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data in order to ensure performance under this agreement. 9. The base year value of this project is January 1 of the year it is executed by both parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of 3 these Premises, are hereby abated in their entirety for a three-year period beginning January 1,2025 and terminating December 31,2028. 10. Exemption from planning and building fees associated with new construction, though not including water tap fees, shall be made as part of this agreement. 11. In addition,the City and the Business Owner agree to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications, subdivision applications,plat approvals, development applications and building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 12. The City and the Business Owner and Property Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 13. If the Business Owner or Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Business Owner or Property Owner will notify all parties in writing and the obligations of either the Business Owner or Property Owner and the City will be deemed terminated and of no further force or effect as of the date of such notice, except those that expressly survive the termination hereof,if any. 14. This Agreement was authorized by resolution of the City Council at its meeting on the/9)16 of/ r, fit,authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Business Owner and Property Owner when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. 4 The Agreement is performable in Jefferson County, Texas,witness our hands This o?/,5' day of / 7q iiCh , Rod CITY OF BEAUMONT By: I 1)*& Kenneth Williams City Manager AT ST: Air ``1 V� liv1A4J3 k ` •Tina Broussard Lu gip City Clerk X10 BUSINESS OWNER � BY: K c ,,0 Richard Gilbert GP Realty and Management, Inc. ATTEST: PROPERTY OWNER �- By: , O „thhi Richard Gilbert GP Realty and Management, Inc. ATTES : 5