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Home My WebLink AboutRES 24-221RESOLUTION NO.24-221 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager to enter into an agreement with T W Calder, LLC, for economic development incentives to allow (1) a three (3) year, 100% municipal tax abatement; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program to aid in planned renovations for a new music venue and retail shop at 999 Calder Avenue, The abatement period will begin January 1, 2026, and terminates 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 Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City September, 2024 Beaumont this the 3rd day of Roy West - STATE Ole TEXAS COUNTY OF JEFFERSON .AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home -rule city and r1iunicipal corporation ofJefferson County, Texas, acting herein by acid through its City Manager, hereitrafler referred to as "City," and T W CALDER, LLC, 2467 Caller Ave, Beaumont, Texas, hereinafter referred to as "Property Owner;" collectively as the "Parties", WITNBSSETH; WHEREAS, On the twenty ninth day ofAtly, 2014, the City ComiciI of the City of Beaumont, Texas, passed Ordinance No. 14-036, establishirxg (lie, boundaries of Empowerment Zone Number Five, for residential and contnicreial 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 sect, as amended, hereinafter refereed to as "Statute." WHEREAS, in order to maintain andlor enhance the local economy and/or provide duality, affordable housing, in accordance with said Ordinance and Statute, the City, and the Property Owner, do nlul€sally agree as follows; 1, The property, known as the "Premises" to be the subject of this Agreement shall be the property at 999 Calder Ave, Beaumont, Texas acid desevibed as part of Lots 5-12, Block 5, Calder, Beaumont, Jefferson County, Texas. 2. The Property Owner shall cause to be developed retail music venue and commercial record store, known lierein as the "Project," on the Premises and shall not have a construction cost less than $75,000.00 and shall be completed no later than March 1, 2025 subject to delays caused by force majeure or, by factors beyond Property Owner's or Business Owner's reasonable control, 3, The Property Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvenients for which an abatement has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to terminatimi and alt delinquent fees which otherwise would have. been Maid to (lie City without the benefit of a waiver will become a debt to the City and shall be clue, owing and paid to the City withi€l sixty (60) days of any such event. In the event that the Property Owner defaults in the teems and conditions of (his Agreement, the City shall give the Property Owner written notice of such default acid if the 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: Tyler Wharton T W CALDER, LLC 2467 Calder Ave Beauniont, Texas 77702 S, 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 sliall he an Act of Default by the City and (lie City shall have ninety (90) clays to cure and remove the Default upon receipt of written notice to do so from the Property Owner, The Property Owner specifically agrees that the City sliall only be liable to the Property Owner for the amount of waivers, outlined Herein, attorney's fees, and costs of court, shall not be liable to the Property Owner for any alleged consequential damages. The 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; 0) Kenneth R. Williams, City Manager City of Beaumont 801 Manz, Suite 201 Beaumont, TX 77701 6. The terms and Conditions of, this Agreement are binding upon the succmors and assignees of all parties hcre(o. Other than assignment to T W CALDER, LLC, hereinafter referred to as "Business Owner," this Agreement cannot be assigacd by the Property Owner or Business Owner to anyone or any entity which is not an affiliate of Business Owner, unless written permission is first granted by the. City, which permission shall be in the sole discretion of the City. Any assignment occurring within the scope of this Agreement transfers all rights, responsibilities, and obligations heretofore granted to Property Owner to the assignee, and the assignee shall, for purposes of this Agreement, be then known as "Property Owner," 7. THE PROPERTY OWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY AND ALL KINDS OF CLAIMS, LOSSES, DAMAGES, INJURIES (INCLUDING DEATH), SUITS, OR JUDGEMENTS INVOL17ING THE CITY AND RELATING TO SUCH IMPROVE ME, 8. The City shall have a reasonable right to inspect tine Premises and Project during regular daylight hours to ensure that the improvements are oracle according to the terms of this Agreement. In addition, the Property Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data to ensure performance raider this Agreement. 9. The base year value of this Project is January 1 of the year it is executed by the 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 these Premises, are hereby abated in their entirety for a three (3)-year period beginning January 1, 2026 and terminating December 31, 2029, 10. Exemption from Platllling and Building fees associated with new construction and liens associated with (lie Premises shall be trade part of this Agrceniettt, Water tap fees sliall not be made pact of this Agreement. 3 11. In addition, the Parties agree to cooperate with one another to facilitatc the expeditious processing of permits, including zoning application(s), subdivision applications, plat approvals, development application(s), and building permit applications required for the completion of the project, in accordance with slate stahttes and City ordinances. 12, The Patties 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 to put the other in (lie same condition contemplated by this Agreement. 13, If the Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Propefty Owner will notify the City in writing and the obligations of either the 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. Nothing in this Agreamwit is intended to create or establish a joint venture between the Paz -ties, 15. This Agreement was authorized by resolution of the City Council at its meeting on the , authorizing the City Manager to execute the Agreement oil behalf of the City. 16. This shall constitute a valid and binding agreement between the City and the Property Owner when executed on behalf of the PaAics, for the abatement of City ad valoren) taxes i►) accordance therewith. This document and any documents referenced herein shall represent the entirety of the Agreement between the Parties, Any anie«dments, addendums, or material changes shall be in writing and require the consent and approval of the parties. 4 The Agreement is performable in Jefferson County, Texas, witness out- lands This ,— clay of CITY Or ]BEAUMONT By: ATTEST: Tina Broussard City Clerk Kemi.eth R. Williams City Manager PROPERTY OWNERS By: L T W CALDER, LLC By: Tait CALDER, LLC, O«ener By: Tyler Wharton A` TEST: IIECII WITH 0I11101MI"" x • A' S CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the inceaitives are requested, Please review the Neighborhood Empowerment Zone guidelines carefidlly before completing this application. If additionai space is needed, separate sheets may be attached. Types of incentives that you am Seeking: Buildzng Fee Waivers Expedited Permit Review Tax Abatement DESCRIPTION OF PROJECT 1, Legal name and address of applicant: T W Calder 1lC 2, Type of organization (Corporation, Ltd. Partnership, etc) Corporation 3. Date organization formed:201S 4. Address and telephone number of headquarters location: 2467 Calder ave, Bzilt 77702 5, State(s) in which business is registered: TX 6. Other locations of this business (names of cities): Groves, si lsbee, orange. 7. Is business current with all taxes? yes 8. Name, address, and telephone number of principal officers: 9. Name, address & phone number of designated contact person: tyler Wharton 409-998-9510 10, Type of business to be conducted and goods or services to be produced oi� provided: retail music record store 11, Location of project (street address): 999 calder ave. Beaumont tx 12. Legal (lot, block & subdivision) description of the project (Attach plat of property): LTS 5-12 BLIP 5 CALDER 13. Identify and describe (lie kind, number and location of all improvements to the physical property and discuss tine development schedule of the proposed improvements, Full cosmetic remodel and gettting mechanic services up to code, 14. What infrastrueture construction will be required to serve the proposed project? What is the estimated cost of this construction? $78,000,00 1S. Bstinlated construc6011 commencement date: 8-10-24 16. Estimated construction completion (late: 10-30-24 17. Estimated date for project to be operational: 1-1-25 18. City liens requested to be released: none EMPLOYMENT IMPACT (for Non-residezitial Projects) 19. What is the estimated number of permanent. Aill-time now jobs that will be created? 2 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood Empowerment Zone %100 (b) City of Beaumont %100 (c) Jefferson County %100 (d) Outside Jefferson County 0 21. How many new, temporary and part-time jobs will be created in Beaumont? 1 22. What types of jobs will be created? management and sales 23, What will be the total project annual payroll of the newly created jobs? $90,000.00 24, Will specialized training be required'? If so, what type? no FISCAL IMPACT 25. is there an anticipated cost to the City of Beaumont for providing municipal sel-vices to [lie proposed project? none COMMUNITY IMPACT 28. Do you anticipate [lie proposed project hay>ing a SLIbstantial iiIlpact on the 10ca1 residential, commercial Qr retail market? As one of the gateways into downtown, i believe with the future success of this project it will encourage other property owners to fix and make ready their properties and that downtown can wort( and to rid of the stigma. 29. Will rezoning and platt.inglreplatting be required? no 2 It is understood that the information provided hercin is based on estimates and projectiojis, but that such estinates and projections have been fully investigates{ and are nude ill good faith as to their accuracy, It is furthcr understood that any information provided herein that is actual aaul not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement, Signature 8-G-24 Date If you have any questions iihou( this application please call [lie Community Development Depa►•tment at (409) 990-3762, CITY OIL BEAUMONT STAFF RECOMMENDATION(S) AND/OR COMMBNT(S): (To be completed by City of Beaimiont Staff Only) 2, Recomiliendatioil : App►'ove Disapprove Comments: 51 711011 WITH OPPO7ITUNIYY BEAUMOMW t�. X + A CITY OF BEAUMON'I' APPLICATION FOR NEIGHBORHOOD EMPOWCRMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beflumont a reasonably compreliensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types n4 incentives that you are seeking. Cl Bid1ding Fee Waivet•s C_l Expedited Permit Review ❑ Licit 'Waivers Cl Tax Abatement DESCRIPTION OF PROTECT 1. Legal name and address of applicant: 2. Type of organization (Corporation, Ltd, Partnership, ctc.): 3. Date organization formed: 4. Address and telephone number of headquarters location: 5. State(s) in which business is registered: 6. Other locations of this business (names of cities): 7. Is business current with all taxes? 8. Name, address, and telephone number of principal officers: 9. Name, address & phone number of designated contact person: 10, Type of business to be conducted and goods or services to be produced or provided: 11. Location of project (street address): 12, Legal (lot, block & subdivision) description of the project (Attach plat of property): 13, Identify anti describe. the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvemetits. 14, What infrastructure construction will be required to serve the proposed project? What is the estimated cost of dais construction? 15. Estimated construction commencement date: 16. Estimated construction completion date: 17. Estimated date for project to be operational: 18. City liens requested to be released: EMPLOYMENT IMPACT (for Non-residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 20. What percentage of employees do you anticipate will be residents living iti: (a) the Neighborhood Empowerment Lone (b) City of Beaumont (c) Jefferson County (d) Outside Jefferson Coumy 21. How many new, temporary and part-time jobs will be created in Beaumont? 22, What types of jogs will be created? 23. What will be the total project annual 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 of Beaumont: for providing municipal services to the proposed project? COMMUNITY IMPACT 28. Do you anticipate the proposed project having a substa►ktial impact oil the local residential, commercial or retail market? 29. Will rezoning and plattinglreplatting be required? 2 It is understood that the information provided herein is bisect on estimates and projections, but that such estimates and projections have been frilly investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement. Signature Date 3 Tfyou leave any questions about this application please call tho Community Developmea DopartmonL tit (409) 880-3762, CITY OF BEAUMONT STAFF RECOMMENDATIONS) AND/OR COMMENT(S); (To be completcd by City of Beaumont Staff Only) 2, Recaminctidatlow Approve Disapprove Comments: 0 B e a u m o n t Empowerment Zones � r MIG r I� �■.fMfrt.iiw...��'�`g .■��i.rrr�ia w �� Bo.rfrr»a.as�•afl�i mrrf•�s••• . o "moms ■�.I� ON � ._ NO �, ram• owl R Dims 1 .fir♦.�.��4�i4�.�'' �s r�+�al liens son M Rol I IN I Nfill No allu-M ::': � �No r■�ia�lsrr��'y��l3� 4l If. �! mile_ .� NONE illfi i �,p 1 H Proparoc€ by City of (loaumonf s Community Douaiopimint €]apar€monI quest for Economic Development Incentives under the Neighborhood Empowerment Zone Program. iplicant: Tyler Wharton cation: 999 Calder Avenue i00 Feet