HomeMy WebLinkAboutPR 22801: AGREEMENT WITH SAIGON TOWN, LLC, REDEVELOPMENT P.R. No. 22801
10/11/2022 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CHAPTER 380 AGREEMENT WITH
SAIGON TOWN,LLC FOR THE REDEVELOPMENT OF A COMMERCIAL
PROPERTY LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE
WHEREAS, on April 5, 2016, the City Council adopted Resolution 16-102 creating
Neighborhood Empowerment Zones(NEZ)in certain areas of Port Arthur pursuant to Chapter 378
of the Texas Local Government Code to promote, (1)the creation of affordable housing,including
manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an
increase in the quality of social services, education, or public safety provided to residents of the
zone; or(4)the rehabilitation of affordable housing in the zone; and,
WHEREAS, Saigon Town, LLC recently purchased the dilapidated commercial property
located in a Neighborhood Empowerment Zone at 4439 Gulfway Drive; and
WHEREAS, Saigon Town, LLC submitted a Project Certification Application attached
hereto as Exhibit "A", to the City certifying that the existing 21,000sq/ft structure will be
redeveloped into a shopping center that will attract retail businesses and provide jobs for local
residents to promote economic development and stimulating business and commercial activities
within the City; and
WHEREAS, the rehabilitation project cost is approximately $400,000, therefore, Saigon
Town, LLC is respectfully requesting that the City provide incentives such as property tax refunds
and fee waivers; and
WHEREAS,it is deemed in the public's interest that the City Council approve a Chapter 380
Agreement with Saigon Town,LLC,for the property located at 4439 Gulfway Drive.in substantially
the same form as attached hereto as Exhibit"B".
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur does hereby find and
make determinations as follows:
a) That the creation of the zone would promote an increase in economic
development in the zone.
b) That the creation of the zone benefits the purpose of increasing the public
health, safety, and welfare of the persons in the municipality.
c) That the creation of the zone satisfies the requirements of Section 312.202 of
the Tax Code and/or Chapter 380 of the Texas Local Government Code in
that it will likely contribute to the retention or expansion of primary
employment or attract major investment in the zone that would be a benefit to
the property and that would contribute to the economic development of the
City.
Section 3. That the boundaries of the Port Arthur Neighborhood Empowerment Zone
shall be as shown in Exhibit"A".
Section 4. That the City Manager is herein authorized to execute the Chapter 380
agreement with Saigon Town, LLC in substantially the same form as described in Exhibit"B".
Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ,ADOPTED AND APPROVED on this day of , A.D., 2022,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie,
Mayor
ATTEST: •
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
4y. c:7\
Kandy Daniel,
Finance Director
EXHIBIT "A"
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NEIGHBORHOOD EMPOWERMENT ZONE(NEZ)PROGRAM
PROJECT CERTIFICATION APPLICATION
I. APPLICATION CHECK LIST—Please submit the following documentation:
' A completed application form signed by the property owner.
A list of all properties owned by the applicant,owner,developer,associates,principals,partners,
and agents in the City of Port Arthur.
Non Refundable Application fee — For all Basic Incentives applications excluding Tax
Abatement the application fee is $25.00. For multi-family, commercial, industrial, community
facilities and mixed-use development projects: one-half of one percent(0.5%)of the total Capital
Investment of the project, with a $150.00 minimum not to exceed $1,000; For residential tax
abatement applications: $100 per house.
` ” Proof of ownership,such as a warranty deed,affidavit of heirship,or a probated will OR evidence
of site control,such as option to buy(A registered warranty deed is required for tax abatement
application).
Title abstract of the property(only if applying for release of City liens).
/ A reduced 11 x17 floor plan,site plan,and site elevation with a written detailed project description
V
that includes a construction time line.
A detailed line item budget showing the cost breakdown for the project.
V Copy of Incorporation Papers noting all principals,partners,and agents if applicable.
Required—Meet with the Councilmember and Neighborhood&other Organizations representing
the NEZ as outlined in the Public Notice requirement of the NEZ Policy and Guidelines or followed
guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL
ALL REQUIRED DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED
WITHIN 30 DAYS OF THE DATE OF APPLICATION.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE
ISSUED FOR YOUR PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO
YOUR PROPERTY. IT TAKES 60 TO 90 BUSINESS DAYS TO COMPLETE THE TAX
ABATEMENET AGREEMENT APPROVAL PROCESS ADTER THE ISSUANCE OF NEZ
CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT.AL BUILDING
PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION
WAS APPROVED,OR WITHIN THE 12 MONTH PERIOD THAT THE TAX ABATEMENT WAS
APPROVED,OR YOU WILL BE REQUIRED TO RE-APPLY FOR NEZ INCENTIVES.
CITY OF PORT ARTH1 UR.-PROJECT CERTIFICATION APPLICATION PAGE 2
The purpose of this application is to present to the City of Port Arthur a reasonable comprehensive
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.
INCENTIVE TYPES(What are you seeking):
lcuilding Fee Waiver ✓Expedited Permit Review i Lien Waivers
VTax Abatement
APPLICANT INFORMATION:
Applicant Name: c c c C VI -A-()Le Yl
Physical Address:9.; l-1 ,� iYlt W �r C✓4' u(^ "T
(Street Address) (� f� (City) (State) (Zip)
Mailing Address: AO O _(li 0 vet j)( poet Ai; r'" '- k t 1`'4
(Street Address) (City) (State) (Zip)
Primary No: 1+0 -- C1 b ) Fax No:
Other No: (Cell;etc.)
Email Address: A.t.l(ea ex �,/ Ct-ackh . C 0 0'1
Authorized Agent(if applicable):cl 7
Physical Address:
(Street Address) (City) (State) (Zip)
Mailing Address:
(Street Address) (City) (State) (Zip)
Primary No: Fax No:
Other No: (Cell;etc.)
Email Address:
Organization Informatiion: 1_
Business/Organization Name: _Cat' 61 yr L_t.C-
Type of Business/Organization: (�-L' Date Formed:tOggifiMLL— y r 4Z.UPt)---
(i.e.Corporation,Ltd.Partnership,LLC,etc.) 1
Physical Address: (�l.r 3 4'U,t,.Jt,,� Dr Po fi�`• P iLu,r" t X .�7 �c .
(Street Address) t 0 (City) 1 (State) (Zip) '�
Mailing Address: ' /101) tL f Leo 0 d Q" D1�4 t}�"1"�rL(,�✓ -+ -1 L%�x .
lj °vet Address) (C#y) (State) (Lip)
State Registered: T Other Locations:
(City/State)
Designated Contact Person: MI L(�.,Q_ N,9 wt,-.+1
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 13
Contact No: 1+09— ot—q 69 ? 1 Email Address:
Principal Officers:
Name Address // Telephone No.
�aIdt t1 k� . t 4 T -,1�1, �Cllir_�u`G �t' \��c C� ����9
av a. NI 0., : s ,(0q- 73gGY-4 .
If additional space is needed,please provide information as an attachment.
Tax Information:
Is the Business current with all taxes? Does the proposed project conform to City of
Port Arthur Zoning?
\Wes it/Yes
No r No
Project Type(check all that apply):
Single Family or Duplex Non-residential/Heavy Commercial
Multi-Family - Industrial
Non-residential/Light Commercial Planned Development District
Mixed-Use
Development Information:
Project Location: �'3 • u At X '-7 V U
(Street Address) (Cit} (State) (Zip)
Legal Description(Lot/Block/Subdivision): E,1-6 LAIR
ti t= 1\i 1/ Q-1- LT ; ;Lk._ 3 vci- p ti L. C o I. ..70 c:
Attach plat of property
Project Description: .Z Y\ 0
A v cx. V\,,,Cj t W 1 t N 7 ‘d/Y\ -4r4 G . (c,C + (Oa U \.e Y S
Lrko ,. )/e.C4-, a r\d P(c v "c� � frici 19QLA- A- f .
CITY OF PORT AR FI IR-PROJECT CERTIFICATION APPLICATION PA C 'r 4
If the project is a Commercial (Light/Heavy), Industrial, Planned Development, or Mixed-Use project,
please describe the type(s)of business(es)that is/are being1 proposed:
�� a 4,_ �l/A0 VOk- Vx I/1 OW_G l.0 vl 1tL S tzt 't►r C G L �V
t Y\ �v 0. t Y l(1 rl,.a l t ;,v I V\ 7 t, ft.)/Vl t` 1 S J u f f Riv\, .
1,/✓1 c 1<T e. . ✓e C1 f✓L i t >/ 6-V\J ( i e ,b d C
Is this a new construction or improvement to existing project?
C.— �Vl New Construction mprovement to existing project
Total Square footage of improvement/project: 4-1 , sq. ft.
Infrastructure Improvements?
'es f No
Please describe: LV.0 U..ve, f t FAX T k-s/
�'� ��� !�v1n �v f�< �g (�
e C cJ O b1Lt 4.}c V Col.1. GA, ,AA_ Y t a-1 4*4
Project Cost(estimated): $ L.. '0 0 000. 00
�}
Estimated project commencement date: �6 t it-3 to).-
Estimated project completion date: -4+ r 3 tk-
Estimated date of project to be operational: I o1C� d
Lien Waivers:
Are you requesting City Liens to be released?
I— Yes cX10
Please Describe: vU x - k a/wk.\ tl t vL\ n
CITY OF PORT ARTHI R-PROJECT CERTIFICATION APPLICATION PAGE 15
Employment Impact:
What is the estimated number of permanent full-time new jobs that will be created? h 0)
How many new,temporary and part-time jobs will be created in Port Arthur?
• New
• Temporary
• Part-time `rlL
What percentage of employees do you anticipate will be residents living in?
• Neighborhood Empowerment Zone: I Ov %
• City of Port Arthur: %
• Jefferson County:
• Outside Jefferson County:
What type of jobs will be created? Z& c 1 olj S
What will be the total project's annual payroll of the newly created jobs? $ wnn I a,c-Fe,vk C(
Will specialized training be required?
15 c4A,\_
r Yes No
What type(s)of training:
Fiscal Impact:
Is there an anticipated cost to the City of Port Arthur for providing municipal services to the proposed
project?
rYes Mr/No
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 16
Community Impact:
Do you anticipate the proposed project of having a substantial impact on the local residential,commercial
or retail market?
K4es " No
Will one or more of the following be required?
r Re-zoning
i'Platting
—RepIatting
Definitions:
Compatibility: Construction is generally compatible with the massing, size, scale. and architectural
features of the surrounding buildings and environment.
Amenities: Construction includes enhanced pedestrian and/or streetscape amenities.
Downtown Revitalization Plan: Development project is consistent with and promotes the Downtown
Revitalization Plan.
Investment: New construction on a vacant site includes a minimum capital investment of $50,000.
Rehabilitation of an existing building in accordance with Secretary of the Interior Standards. Includes a
minimum capital investment of$50,000 or 30% of the present building value as appraised by JCAD,
whichever is greater.
Job Creation: Development project creates 1 new, full-time job (or correlative FTV (full-time
employment)per 200 square feet of gross floor area:or(supporting documentation required)
Vacant/Underutilized—Site/Building: Construction occurs within the Vacant/Underutilized
Sites/Buildings Improvement Area as designated in the Tax Increment Reinvestment Zone(TIRZ).
Rezoning:To change the governmental classification and permitted uses of(an area or piece of real estate).
Platting: Chapter 212 of the Texas Local Government Code authorizes cities to require platting of
property. The purposes of platting include, among other things, ensuring orderly development in
accordance with the Comprehensive Plan,the provision of adequate public infrastructure meeting the City's
design standards,and the establishment of accurate records of land subdivision.
Replat: A map of a re-division of a previously platted subdivision which satisfies all legal requirements
for recording with the county clerk.
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION P A C; P: 17
Acknowledgement:.
I. I hereby certify that the information provided is true and accurate to the best knowledge. I hereby
acknowledge that I have received a copy of NEZ Program Guidelines,which governs granting of tax
refunds and fee waivers, and that any VIOLATION of the terms of the NEZ guidelines or
MISREPRESENTATION shall constitute grounds for rejection of an application or termination of
incentives at the discretion of the City of Port Arthur.
II. It is understood that the information provided herein is based on estimates and projections, but that
such estimates and projections have been fully 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 or for which there is no good faith basis,may result in the denial
of consideration for or termination of incentive agreement.
III. I understand that the approval of fee waivers and other incentives shall not constitute approval of any
aspect of the project. I understand that I am responsible for obtaining all required permits and
inspections from the City and in ensuring the project is in the correct zoning district. It is strongly
suggested you meet with a member of the Planning Division prior to application.
LL I L 1\13LA- I�V1
Print or T pe Applicant Name
Author Ignature
' IA1 t.t �-,
Date
Please mail or fax your application to:
City of Port Arthur,Department of Development Services—Planning Division
444 4th Street,Suite 337,Port Arthur,Texas 77640
Tel: (409)983-8135 Fax: (409)983-8137
CITY OF PORT ARTHUR-PROJECT CERTIFICATION APPLICATION PAGE 18
For Office Use Only
City Council District:
Date Application Completed: Date Application Submitted:
Staff recommendation(s)and/or comment(s):
r Approved
r Denied
Approved By:
Print or Type Name
Authorized Signature
Date
Comments:
I II III
11111111oogs 2022036262
General Warranty Deed
Date: I 0/ oZ /
Grantor: Hoang Nguyen & Michelle Nguyen (Husband and Wife)
Grantor's Mailing Address: 7100 Kelliwood Drive, Port Arthur,Texas 77642
Sailor -ttN
Grantee: Town, LLC
Grantee's Mailing Address: 7100 Kelliwood Drive, Port Arthur, Texas 77642
Consideration:
For and in consideration of the sum of$10.00, the receipt and sufficiency of which is
hereby acknowledged, Grantor hereby Grants, Bargains. Sells, and convey to Grantee all of his
interest:
1. Lot Number 46.25'X247.4' & 185'X337.4' OF N1/2 OF LT 6 BLK 3 RG G PALCO
1.702 AC, to the City of'Port Arthur, Texas as same appears upon the map or plat thereof,
on file and of records in Jefferson County,Texas
Also Known AS 4439 Gulfway Drive. Port Arthur. Texas 77642.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made subject to all restrictions, easements, covenants, conditions, and
prior conveyances or reservations of mineral and/or royalties of record in Jefferson County,
Texas, affecting said property: and subject to all zoning laws, and regulations and ordinances of
municipal and/or other governmental authorities, if any, but only to the extent that they are still
in effect. relating said property.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty. grants, sells, and conveys to Grantee the Property.
together with all and singular the rights and appurtenances thereto in any way belonging. to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor bind
Grantor and Grantor's heirs, successors. to ‘varrant and forever defend all and singular the
1 ! Page
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
1/1
Hoa g Nguj en usband)
Michelle i guyen (Wife)
Accepted By: f
0
Saigon Tow LL ' (Hoang Nguyen & Michelle Nguyen, Owners)
STATE OF TEXAS )
COUNTY OF JEFFERSON )
This instrument was acknowledged before me on 10 / fl by
I-loang Nguyen and Michelle Nguyen (Husband and Wife).
'(.. V-4
4141 ,1: ELSA L MEDINA Notary Public, State of Texas
PYPUB'i,-..Notary Public,State of Texas
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
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FEL- ..‘"I " 2022036262
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I he undersigned, as Sc':tet.0 of State of Ie\a•. hack certifies that a ('t:ttlli:.tte t+h I (+tmatit►n tin the
at4+‘c named Domestic I nnttetl I talalttc ('un ►.u1n tl ICI h.I• hctin IC:eltetl In this office and has hecn
found.to i 4„.tif+I ill to the applicable 1't 0%I�h►i1.t+t I.ri%
1('( ORI)IMil.1 the untictstgruxi. a. %cctetat\ of state, find he ctltue t,t the .uttit,''.t\ te.te,l in the
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of another undo the t:ctetal Itadenl.lrl. Act of It)-k+. the 1-es.►• t►aaicnta,L I.t the 1'.tunet1 I;Et.lite.. t►r
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Secretary of State + f Filed in the Office of the
P.O. Box 13697 + ` ' `� Secretary of State of Texas
Austin, TX 78711-3697 Filing #: 804509196 04/06/2022
FAX: 512/463-5709 Document#: 1137223500003
Certificate of Formation Image Generated Electronically
Filing Fee: $300 Limited Liability Company for Web Filing
Article 1 -Entity Name and Type
,The filing entity being formed is a limited liability company.The name of the entity is:
i
(Saigon Town, LLC
Article 2-Registered Agent and Registered Office
rA.The initial registered agent is an organization (cannot be company named above) by the name of:
OR
3B.The initial registered agent is an individual resident of the state whose name is set forth below: •
Name:
;Van Thi Nguyen
C.The business address of the registered agent and the registered office address is:
Street Address.
7300 Brazos Avenue Port Arthur TX 77642
Consent of Registered Agent
rA.A copy of the consent of registered agent is attached.
OR
176.The consent of the registered agent is maintained by the entity.
��. ..___...__...__..._...�-' Article 3-Governing Authority
A 1.
l A. The limited liability company is to be managed by managers.
OR
l` B.The limited liability company will not have managers. Management of the company is reserved to the members.
The names and addresses of the governing persons are set forth below:
Manager 1.Vu Van Nguyen fide: Manager
Address: 7300 Brazos Avenue Port Arthur TX, USA 77642
Manager 2:Van Thi Nguyen ftitie: Manager
Address: 7300 Brazos Avenue Port Arthur TX, USA 77642
Article 4-Purpose
The purpose for which the company is organized is for the transaction of any and all lawful business for which limited
'liability companies may be organized under the Texas Business Organizations Code.
1
Supplemental Provisions/ Information
[The attached addendum,if any,is incorporated herein by reference.]
Initial Maiiing-Address
rAddress to be used by the Comptroller of Public Accounts for purposes of sending tax information.
_
[The initial mailing address of the filing entity is:
.7300 Brazos Avenue
'Port Arthur, TX 77642
USA
Organizer
The name and address of the organizer are set forth below.
Van Nguyen 7300 Brazos Avenue, Port Arthur, Texas 77642
Effectiveness of Filing
r-A. This document becomes effective when the document is filed by the secretary of state.
OR
•;1.•!B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
'signing. The delayed effective date is: April 7, 2022
Execution
The undersigned affirms that the person designated as registered agent has consented to the appointment.The
,undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of
law governing the entity to execute the filing instrument.
Van Thi Nguyen
;Signature of Organizer
FILING OFFICE COPY
SAI(;ON TOWN, LLC' PARTNERSHIP AGRE14,MEN'!'
I loang II Nguyen and Michelle Nguyen enters intn this agreement to form Saigon "fown.
IIC. The agreement has the following terms:
I. Profit is split 50/50,
2. Loss and Taxes is 50/50,
3. Roth arc equal managing partner,and both can make all business decisions,
4. The partnership can be terminated anytime by either partner.
6 1 _ _ aq (r)q/, z
I Ioan`r I I N yeti Date
Michelle Nguyen Date
EXHIBIT "B"
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is entered into by and between the City of Port Arthur,Texas,a home-rule
city and municipal corporation of Jefferson County, Texas, hereinafter referred to as "City", and
Saigon Town, LLC, Port Arthur, Texas, hereinafter referred to as"Developer".
WITNESSETH
WHEREAS,the City has established a program in accordance with Article III, Section 52-
a of the Texas Constitution and Chapter 380 of the Texas Local Government Code("Chapter 380")
under which the City has the authority to make loans or grants of public funds for the purposes of
promoting local economic development and stimulating business and commercial activity within
the City; and
WHEREAS, pursuant to Resolution No. 16-102, the City designated Neighborhood
Empowerment Zones (NEZ) in certain areas of Port Arthur pursuant to Chapter 378 of the Texas
Local Government Code to promote, (1) the creation of affordable housing, including
manufactured housing, in the zone; (2) an increase in economic development in the zone; (3) an
increase in the quality of social services, education, or public safety provided to residents of the
zone; or(4)the rehabilitation of affordable housing in the zone; and
WHEREAS,Developer has applied for economic development incentives from the City of
Port Arthur to assist with a property redevelopment project in a NEZ located at 4439 Gulfway
Drive, Port Arthur, Texas 77642; and
WHEREAS, the Developer has made a substantial investment of approximately
$400,000.00 to the existing 21,000 sqft structure since the designation of the NEZ; and
WHEREAS, the City of Port Arthur is further authorized to make certain economic
development incentives pursuant to Chapter 380 of the Texas Local Government Code in
recognition of, conditioned upon and derived from the positive economic benefits that will accrue
to the City; and
WHEREAS, the City has concluded and hereby find that this Agreement promotes
economic development in the City of Port Arthur and, as such, meets the requirements under
Chapter 380 and the City's established economic development program, and is in the best interest
of the City and Developer; and
WHEREAS, the City recognizes the positive economic impact that the Facility brings to
the City through development and diversification of the economy reduction of unemployment and
underemployment through the production of new jobs, the attraction of new businesses, and the
additional tax revenue generated by the Project for the City; and
WHEREAS, consideration of the development, construction and continuous operation of
the Facility, will assist in stabilizing the existing Property Tax Revenues to the City and create
approximately 60 full time and 44 part time jobs located at 4439 Gulfway Drive, the City agrees
to use such funds in order to provide the Reimbursement Amount (as defined herein) to the
Developer directly in the amounts described in Section 6 of this Agreement; and
WHEREAS,to ensure that the benefits the City provides under this Agreement are utilized
in a manner consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 and
other law, the Developer has agreed to comply with certain conditions to the payment of those
benefits.
NOW,THEREFORE,in consideration of the mutual benefits described in this Agreement,
and for other good and valuable consideration,the receipt and sufficiency of which are hereby The
property, known as the "Premises" subject of this Agreement shall be the property owned by
Saigon Town, LLC at 4439 Gulfway Drive, Port Arthur, Texas,
1. The Developer has caused to be constructed a shopping center, known herein as the
"Facility," with a construction cost of$400,000.00. The Developer agrees to maintain
these improvements and continuous operation of the Facility for a period of eight (8)
years as good and valuable consideration of this Agreement. In the event that the
"Facility' is not continuously maintained 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 rebate 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 Developer defaults in the terms and conditions of
this Agreement,the City shall give the Developer written notice of such default and if
the Developer has not cured such default within thirty(30)days of said written notice,
this Agreement may be terminated by the City.Noticed shall be in writing and shall be
delivered by personal delivery or certified mail addresses as follows:
Saigon Town, LLC
7100 Kelliwood Drive
Port Arthur, Texas 77642
2. 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 warrantied 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 Saigon Town,LLC. Saigon Town,LLC specifically agree that the City shall only
be liable to Saigon Town, LLC, for the amount of waivers and rebate, outlined herein,
attorney's fees, and costs of court, shall not be liable to Saigon Town, LLC for any
alleged consequential damages. Saigon Town, LLC 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:
Ronald Burton, City Manager
City of Port Arthur
444 4th Street
Port Arthur, Texas 77640-1089
3. The terms and conditions of this Agreement are binding upon the successors and
assigns of all parties hereto. Other than assignment to a Saigon Town, LLC affiliate,
this Agreement cannot be assigned by Developer to anyone or any other entity which
is not an affiliate of Saigon Town, LLC, unless written permission is first granted by
the City, which permission shall be in the sole discretion of the City.
4. The Developer agrees to hold the City harmless from any and all kinds of claims,losses,
damages, injuries, suits or judgments involving the City and relating to such
improvements.
5. 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 Developer agrees to provide records and documentation to
the City, sufficient to verify improvements and employment data in order to ensure
performance under this agreement.
6. 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 the improvements of
these Premises, are hereby rebated in their entirety for a period of eight (8) years
beginning January 1, 2023.
7. In reference to the City of Port Arthur's Neighborhood Empowerment Zone Program,
Value of Abatement's: authorized facilities may be granted municipal tax abatement
on all or a portion of the increased taxable of eligible property over the base year value
for a period not to exceed three (3) years, except as outlined below. The eligibility
requirements are as follows:
Investment Municipal Tax Abatement Schedule
or Incentive
$400,000 or more for any 100% for new 8 Years
eligible use investments and the
incremental value for
Substantial Investments
relocating to the City
8. The City and Developer 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.
9. If the Developer elects not to proceed with the continuous operation of the facility as
contemplated by this Agreement, the Developer will notify all parties in writing and
the obligations of either Saigon Town, LLC 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.
10. This Agreement was authorized by resolution of the City Council at its meeting on the
December 20,2022,authorizing the City Manager to executed the Agreement on behalf
of the City.
11. This Agreement was authorized by the Developer on the day of
12. This shall constitute a valid and binding agreement between the City and the
Developers when executed on behalf of said parties, for the rebate of City ad valorem
taxes in accordance therewith.
The Agreement is performable in Jefferson County, Texas, witness our hands This
day of
CITY:
CITY OF PORT ARTHUR,TEXAS,
a Texas Home-Rule Municipality,
By:
Ron Burton, City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Val Tizeno. City Attorney
DEVELOPER:
SAIGON TOWN,LLC,
a Limited Liability Company,
By:
Michelle Nguyen, Owner
By:
Hoang Nguyen, Owner