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BUSINESS INCENTIVE PROGRAM APPLICATION
Please submit the completed application with necessary uploaded documents no later than noon on the first business day of the month you wish to be considered for inclusion on the EDC meeting agenda. Scheduling of consideration of any application is at the sole discretion of the EDC Board and Director. You will be notified of the date your application will be considered. If you have questions, contact City Hall at 512-778-5449, Extension 113. For permit questions, contact the City Planner at 512-748-5449, Extension 105.
Please click link above and review information prior to completion of application.
* For Job Creation incentive requests include the number of projected new employees, job titles and salaries.
Upload site plan, materials and colors to be used for building facade, sign design, etc., as well as photographs of the project site. (Square footage)
Please combine all associated documents into one file to scan and upload here.
By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.
Signature _________________________________
Date of Board Meeting: __________________________
Signature _______________________________
___________________________________________
_____ Approved / _____ Rejected
Work must commence within six (6) months after site development approval: ____________________________________
Work must be completed within twelve (12) months after site development approval: ______________________________
As authorized by Texas Local Government Code Section 501.158, this PERFORMANCE AGREEMENT (hereinafter "this Agreement") is made and entered into by and between the Liberty Hill Economic Development Corporation (hereinafter "LHEDC"), acting through its Board of Directors; and entered into by and between the Liberty Hill Economic Development Corporation, hereinafter "LHEDC"), acting through its Board of Directors; and owner of business in Liberty Hill, Texas, hereinafter referred to as "Grantee".
WHEREAS, LHEDC was formed to administer the sales and use tax approved by the citizens of Liberty Hill, Texas and collected pursuant to the Development Corporation Act of 1979 (the Act") for the development, promotion, creation, retention, or expansion of business enterprises which create or retain jobs, and for suitable infrastructure necessary to promote or develop business enterprises; and
WHEREAS, Grantee applied for financial assistance from the LHEDC under the Liberty Hill Economic Development Corporation Business Incentive Program for performance based incentives related to a project to undertake capital investment or job creation in accordance with the eligibility guidelines of the Program; and
WHEREAS, LHEDC has determined that Grantee’s request is in keeping with the statutory purpose of the Act and the guidelines of the Program;
NOW, THEREFORE, LHEDC AND GRANTEE FOR AND IN CONSIDERATION of the mutual promises contained herein, do hereby contract and agree as follows:
and fully understand the Business Incentive program established by the LHEDC Board. I intend to use these incentive funds for the aforementioned project(s) in support of Liberty Hill’s economic development efforts. I have not received, nor will I receive, insurance monies for this project.
I understand that if I am awarded an incentive, any deviation from the approved project or failure to meet hiring and salary projections may result in partial or total withdrawal of the incentive. Furthermore, if the business ceases operations or leaves Liberty Hill within (3) years from approval, I shall be required to reimburse the EDC immediately for the full amount of any funds from the incentive program. I understand the application processes involved and have been given an opportunity to ask questions regarding the incentive program.
B. Grantee Obligations
1. The Grantee agrees to comply with the terms of this Agreement, the LHEDC Business Incentive Program Requirements, Eligibility Guidelines and Application as completed by Grantee and approved by the LHEDC Board and the City of Liberty Hill, all of which are attached hereto and incorporated herein by reference.
2. As consideration for the incentives provided under this Agreement, Grantee agrees to hire and maintain at least ________ Full Time Equivalents (FTE) with such employees to be paid annually an average salary of $__________________. A full-time employee means an employee who is hired and paid to work at least thirty (30) hours per week. A part-time employee means an employee who is hired and paid to work less than this amount.
4. Applicant must create full time or part-time jobs and sustain these positions and/or make the capital investments described herein according to the guidelines in the LHEDC Business Incentive Program Application which is attached hereto and incorporated herein by reference as if set forth in full herein.
5. The Grantee represents that it does not and will not knowingly employ undocumented workers.
6. The Grantee agrees not to employ any undocumented workers in accordance with current laws. If after receiving a public subsidy, the business is convicted of a violation under 8 U.S.C. 1324a, the Grantee shall repay the amount of the public subsidy with interest, at the rate and according to other terms provided by the agreement not later than 120 days after the date LHEDC notifies the Grantee of the violation.
7. The Grantee agrees to pay all ad valorem, employment, income, franchise, and other taxes due and owing by Grantee to all local, state, and federal entities.
8. The Grantee agrees to provide to LHEDC (a) documentation of payroll taxes paid, (d) documentation of sales tax collections, (e) documentation on ad valorem taxes paid, and (f). All required documentation shall be provided quarterly or as requested by LHEDC. If required documentation is not provided as required, LHEDC may audit the Grantee’s payroll and sales tax records as necessary to verify the requirements in this Agreement.
9. The Grantee agrees to comply with all City of Liberty Hill, Texas city ordinances.
10. The Grantee agrees to affect no change in ownership of the business during the term of this Agreement without prior notice to and consent by the LHEDC.
1. The LHEDC agrees to provide a _______________ incentive to Grantee in the amount OF $__________ to include:
b. The LHEDC agrees to provide up _________ for a capital investment incentive based on reimbursement for the cost of City permits and fees related to the construction of the eligible facility as described in the Application.
2. Financial assistance will be paid to Grantee as a reimbursement upon submission of paid receipts or in a lump sum at LHEDC’s discretion.
This Agreement shall become effective upon execution by Grantee and shall remain in force for three (3) years from the date the Certificate of Occupancy is issued.
If a material adverse event occur which disrupts business activity, the Grantee should notify the LHEDC office manager immediately. The LHEDC Board may consider a modification of this Agreement in such circumstances.
Should LHEDC find that Grantee has not maintained the required number of employee(s) in accordance with the terms of this Agreement, or should LHEDC find that Grantee has breached any other term of this Agreement; the Grantee agrees to repay all Grant monies that have been disbursed by LHEDC to Grantee as remedy for the default. ______________, owner or ______________ [Title] of ______________________, a ___________________________ [type of entity], agrees to personally guarantee the subject Grant of $_________.
The Grantee releases, waives and discharges, in advance, the LHEDC and the City of Liberty Hill, Texas, its agents and employees, of and from any and all liability, actions, claims, demands, damages, costs, judgments and executions either in law or in equity, causes of action of any kind whatsoever, at common law, statutory or otherwise, which Grantee has, or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly, including any personal injuries or expenses, death and/or injuries to property, real or personal, caused by or arising out of this Agreement.
The Grantee discharges, in advance, the LHEDC and the City of Liberty Hill, Texas, its agents and employees from and against any and all liability arising out of, or connected in any way with Grantee’s performance of this Agreement.
This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas.
This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors and assigns where permitted by this agreement. This Agreement may not be assigned by Grantee without prior written approval by LHEDC.
This Performance Agreement and referenced attachments, constitutes the only agreement of the parties concerning this transaction and supersedes any prior understandings or written or oral agreements between the parties.
~~~ Signature Pages Follow ~~~
LIBERTY HILL ECONOMIC DEVELOPMENT CORPORATION
President
Date
City Secretary
Owner [or other title]
COUNTY OF WILLIAMSON...................§
APPROVED BY LIBERTY HILL CITY COUNCIL on _________________________________, 20_____.
Barbara Zwernemann, City Secretary
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