HomeMy WebLinkAboutPR 25067: APPROVING AN ECONOMIC DEVELOPMENT CONDITIONAL GRANT AGREEMENT BETWEEN THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION AND PARC ENTERPRISES, INC. p l' ECONOMIC
DEVELOPMENOT
CORPORATIN
Arur
MEMORANDUM
Date: 8/5/2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Krystle Muller, PAEDC Chief Executive Officer
RE: P.R. 25067 — A resolution approving an Economic Development
Conditional Grant Agreement between the Port Arthur Economic
Development Corporation and PARC Enterprises, Inc. d/b/a Script Care
Pharmacy of Texas for an amount not to exceed $157,130.00; funds
available in EDC Account No. 120-80-625-5478-00-00-000
Introduction:
The intent of this Agenda Item is to seek City Council's approval of an Economic Development
Conditional Grant Agreement between the Port Arthur Economic Development Corporation and
PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas for an amount not to exceed
$157,130.00
Background:
The PAEDC previously entered into a Conditional Grant Agreement with PARC Enterprises for
the infrastructure improvements at 6770 9th Ave. for the construction of a 5,710 square-foot
Shopping Center with concrete parking,driveways, and all utilities required for the developed site
to increase the amount of retail space and thereby increasing sales tax with the anticipated increase
in consumers visiting the shopping center.
Due to several factors setting the completion date back, the Conditional Grant Agreement has
expired. PARC Enterprises requested PAEDC to consider a new contract to allow the project to
be completed. At their July 20, 2026 Board Meeting, the PAEDC Board of Directors approved
entering into a new Conditional Grant Agreement with PARC Enterprises for a completion term
of twelve (12) months.
•
Budget Impact:
$157,130.00
Recommendation:
It is recommended that the City Council of the City of Port Arthur approve an Economic
Development Conditional Grant Agreement between the Port Arthur Economic Development
Corporation and PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas for an amount not
to exceed$157,130.00
P. R.No.25067
8/3/2026 KVM
RESOLUTION NO.
A RESOLUTION APPROVING AN ECONOMIC
DEVELOPMENT CONDITIONAL GRANT AGREEMENT
BETWEEN THE PORT ARTHUR ECONOMIC
DEVELOPMENT CORPORATION AND PARC
ENTERPRISES, INC. D/B/A SCRIPT CARE PHARMACY OF
TEXAS FOR AN AMOUNT NOT TO EXCEED $157,130.00;
FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5478-
00-00-000
WHEREAS, the City Council deems it in the public interest to authorize the Port Arthur
Economic Development Corporation ("PAEDC") to enter into an Economic Development
Conditional Grant Agreement (the "Agreement") with PARC Enterprises, Inc. d/b/a Script Care
Pharmacy of Texas ("PARC"); and
WHEREAS, PAEDC has reviewed the application presented by PARC and the proposal
for infrastructure improvements for the development of a shopping center located at 6770 9`1'
Avenue in Port Arthur, Texas; and
WHEREAS, the PAEDC Board of Directors has concluded that the expenditures found
for the infrastructure improvements will promote or develop new or expanded business enterprises
as well as determined that PARC has presented an application qualifying as a Section 4A Project
as set forth in the Economic Development Act; and
WHEREAS, PAEDC, at their special Board meeting of July 20, 2026, approved a
conditional grant in the amount not to exceed $157,130.00 for the purpose of making qualified
infrastructure improvements to the property on 9`h Avenue based upon findings of facts of
economic benefit as to the development of the property; and
WHEREAS, PAEDC, under the terms of the Agreement, will distribute funds to PARC
on a reimbursement basis as the improvements to the property on 9th Avenue are completed and
Certificates of Occupancy for the property are issued as detailed in the Agreement attached hereto
as Exhibit "A".
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 PAEDC is herein authorized to enter into the Agreement with PARC
Enterprises, Inc. d/b/a Script Care Pharmacy of Texas, and the President and Secretary of PAEDC
are authorized to sign the Agreement in substantially the same form attached hereto as Exhibit
Section 3. That the amount of the Conditional Grant is $157,130.00; funds available in
PAEDC Account# 120-80-625-5478-00-00-000.
Section 4. 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., 2026,
at a Meeting of the City Council of the City of Port Arthur,Texas,by the following vote: AYES:
Mayor
Councilmembers
•
NOES:
Charlotte Moses,Mayor
#2585352 Page 2
IF,
ATTEST:
Christe Whitley Ned, City Secretary
APPROVED:
KrY st Muller Psi Chief Executive Officer
APPROV S TO F
Guy Goodson, PAEDC Attorne
APPROVED AS TO FORM:
Roxann Pais Cotroneo,City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
6gatf-V
nd oswell,Finance Director
#2585352 Page 3
Exhibit "A"
ECONOMIC DEVELOPMENT CONDITIONAL GRANT AGREEMENT
BETWEEN
THE PORT ARTHUR
ECONOMIC DEVELOPMENT CORPORATION
AND PARC ENTERPRISES, INC. d/b/a/ SCRIPT CARE PHARMACY OF
TEXAS
Executive Summary
The Port Arthur Economic Development Corporation ("PAEDC") finds that the
construction of infrastructure improvements located at 6770 9th Ave.in the City of Port Arthur,
Texas (the "City"), is beneficial for the development and expansion of new and existing business
enterprises in the City. For the reason, based upon findings of economic development as set
forth in this Economic Development Conditional Grant Agreement (the "Agreement"), PAEDC
conditionally grants to PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas, a
Texas corporation, the costs of qualifying infrastructure improvements in the amount of
$157,130.00.
PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas, a Texas corporation (the
"Incentive Recipient") plans to construct infrastructure improvements (the "Improvements") for
the construction of a 5,710 square-foot Shopping Center with concrete parking, driveways, and
all utilities required for the developed site to increase the amount of retail space and thereby
increasing sales tax with the anticipated increase in consumers visiting the shopping center.
Incentive Recipient agrees to send PAEDC reports each quarter on the construction status
of the Improvements and the proposed commercial development as outlined in the Performance
Milestone Schedule of this Agreement.
Incentive Recipient has agreed to provide as collateral for the performance of its
obligation under the Agreement a Letter of Credit.
ECONOMIC DEVELOPMENT CONDITIONAL GRANT AGREEMENT BETWEEN
THE PORT ARTHUR
ECONOMIC DEVELOPMENT CORPORATION
PARC ENTERPRISES, INC. d/b/a/ SCRIPT PHARMACY OF TEXAS
RECITALS
WHEREAS, PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas, a Texas
corporation desires to make improvements on its property (the "Property") located at 6770 9th
Avenue in Port Arthur, Texas for the construction of a 5,710 square-foot Shopping Center with
concrete parking, driveways, and all utilities required for the developed site; and
WHEREAS, §501.103, Texas Local Government Code authorizes expenditures on
infrastructure by the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") if the PAEDC Board finds the expenditure "to be required or suitable for
infrastructure necessary to promote or develop new or expanded business enterprises," and
WHEREAS, on July 20, 2026 following of facts contained in Exhibit "A," the PAEDC
Board found that the facts reasonably support the finding that the construction of a 5,710 square-
foot Shopping Center with concrete parking, driveways, and all utilities required for the
developed site to increase the amount of retail space; and
WHEREAS, the PAEDC Board approved an economic development conditional grant to
Parc Enterprises to redevelop and make necessary infrastructure improvements to the Property;
and
WHEREAS, the PAEDC and Parc Enterprises desire to set forth in this Agreement the
terms and conditions for PAEDC's conditional grant payments for the infrastructure
improvements to the Property.
NOW THEREFORE,the parties agree as follows:
AGREEMENT DATES
AGREEMENT START DATE
1. This Economic Development Conditional Grant Agreement (the "Agreement") is entered
into with an effective date of , 20_, but in no case later than September
30, 2026, by and between the City of Port Arthur Section 4A Economic Development
Corporation("PAEDC") and Incentive Recipient.
AGREEMENT END DATE
2. This Agreement expires thirty (30) days after Incentive Recipient either performs fully
(anticipated date of completion is August 1, 2027) or breaches the Agreement, subject to
earlier termination voluntary or involuntary, as provided per Section 31.
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PARTIES
3. Port Arthur Economic Development Corporation ("PAEDC"), located at 501 Procter
Street, Port Arthur, Texas 77640, is a corporation. It is duly authorized to do business in
the State of Texas under Chapter 501, 504 Texas Local Government Code (the "Act" or
"Development Corporation Act") and duly authorized by Resolution of the City Council
of the City of Port Arthur to enter into this Agreement. So authorized and as provided by
the PAEDC bylaws, the President and Secretary of the PAEDC Board have the authority
to execute this Agreement.
4. PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas, a Texas corporation located
at 6770 9th Avenue Port Arthur, Texas 77642. Sandra Richardson is the registered agent
for PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas, a Texas corporation
located at 6770 9th Avenue Port Arthur, Texas 77642.
CONDITIONS PRECEDENT
5. This Agreement has no legal consequences unless and until:
a. Both the PAEDC Board and the City of Port Arthur City Council approve the
Agreement in its final form; and
b. Incentive Recipient delivers to PAEDC quarterly status reports reflecting the
progress of construction improvements to the infrastructure and provides PAEDC
evidence of completion of the qualifying infrastructure improvements no later
than December 31, 2026.
PROMISED PERFORMANCE
6. The parties agree to perform as follows:
a. Performance by PAEDC
i. PAEDC shall conditionally grant Incentive Recipient an amount not to
exceed $157,130.00 for the purpose of constructing a 5,710 square-foot
Shopping Center with concrete parking, driveways, and all utilities
required for the developed site located on the Property;
ii. Incentive Recipient will provide PAEDC evidence of completion of the
infrastructure improvements to the construction of a 5,710 square-foot
Shopping Center with concrete parking, driveways, and all utilities
required for the developed site by December 31, 2026 as set forth in
Exhibit "C" and upon receipt PAEDC will reimburse Incentive Recipient
thirty percent (30%) of the Conditional Grant with proof of Letter of
Credit from Financial Institution on file;
iii. Incentive Recipient will provide PAEDC a Certificate of Occupancy for
the first retail space and provide a copy to the PAEDC by April 30, 2027
as set forth in Exhibit "C" and PAEDC will reimburse Incentive
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Recipient thirty-five percent (35%) of the Economic Incentive Grant with
proof of Letter of Credit from Financial Institution on file; and
iv. Incentive Recipient will provide PAEDC a Certificate of Occupancy for
the second retail space and provide a copy to the PAEDC by July 31, 2027
as set forth in Exhibit "C" and PAEDC will reimburse Incentive
Recipient thirty-five percent(35%)of the Economic Incentive Grant.
These are PAEDC's only obligations and are not legally required to provide any
other financial support.
b. Performance by Incentive Recipient
i. Incentive Recipient shall make infrastructure improvements to the
Property as outlined in the Grant Application referenced in Exhibit"B."
ii. Incentive Recipient shall provide PAEDC with quarterly reports detailing
the progress of the infrastructure improvements.
iii. Incentive Recipient shall provide PAEDC certificates of occupancy for the
retail spaces in order to receive the reimbursable percentage.
iv. Incentive Recipient shall use its best efforts to hire architect(s),
engineer(s), and general subcontractor(s) from the Nine-County Southeast
Texas Region for the construction of the Building;
v. Incentive Recipient will use its best efforts to ensure that Port Arthur,
Texas residents are hired for the construction of the Building to the
maximum extent feasible.
vi. Incentive Recipient must complete the infrastructure improvements and
receive certificate of occupancy for each retail space in Section 6.a. above
within twelve(12)months from the date this Agreement is executed.
vii. On written demand by PAEDC and in response to Incentive Recipient's
failure to achieve a performance milestone, Incentive Recipient shall
provide PAEDC within 10 business days following receipt of such written
demand with assurances that it has both the intention and capabilities to
perform fully its Agreement dual obligations.
INCENTIVE RECIPIENT'S PERFORMANCE MILESTONE SCHEDULE
7. Although failure to achieve a performance milestone is not a breach of Agreement, a
failure is grounds for PAEDC to demand reasonable assurances1 from Incentive
1 Examples of reasonable assurances are copies of pending Agreement s and commitment letters.
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Recipient that it can and will fully perform its Contractual obligations. Failure to provide
demanded assurances is a breach of Agreement.
8. Incentive Recipient's performance milestones are contained in Exhibit"C."
PAEDC's CONDITIONAL OBLIGATIONS AND LIMITED LIABILITY
9. The PAEDC's sole liability/obligations, if any, shall be to Incentive Recipient and shall
be limited to the conditional incentive obligations detailed in this Agreement. The
PAEDC shall not be liable, in Agreement or otherwise, to Incentive Recipient, or to any
person or entity claiming by or through Incentive Recipient., for any expense,
expenditure or cost incurred by or on behalf of Incentive Recipient related to the
construction of the Building made the basis of this Agreement.
LIQUIDATED DAMAGES FOR BREACH OF AGREEMENT BY INCENTIVE RECIPIENT.
10. In the event Incentive Recipient breaches this Agreement or does not fulfill its obligation
to complete infrastructure improvements per Section 6 (b) in order to provide PAEDC
certificates of occupancy, Incentive Recipient will not be reimbursed for costs incurred
by them for infrastructure improvements and this Agreement shall be terminated.
11. It is expressly understood and agreed by the parties that any right or remedy shall not
preclude the exercise of any other right or remedy under this Agreement or under any
provision of law, nor shall any action taken in the exercise of any right or remedy by
deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy
hereunder shall not constitute a waiver of the right to exercise that or any other right or
remedy at any time.
RECORDS/INSPECTION/PAEDC AUDIT
12. Incentive Recipient shall maintain records as necessary to allow the PAEDC to audit in
compliance with this Agreement and the representations and warranties contained herein
and in Incentive Recipient's application.
13. Incentive Recipient shall give the PAEDC, or any of its duly authorized representatives,
access to and right to examine all books, accounts, records, reports, files and other
papers, things or property belonging to or in use by Incentive Recipient pertaining to this
Agreement. Such rights to access shall continue as long as the records are maintained by
Incentive Recipient. Incentive Recipient agrees to maintain such records in and
accessible location. Driver's license information is appropriate for interim reporting of
Port Arthur residents hired. The reporting objective is to include documentation
necessary for PAEDC to verify Incentive Recipient's reports without further outside
inquiry.
Is
14.All records pertinent to this Agreement shall be retained by Incentive Recipient at least
three (3) years following the date of termination of this Agreement, whether said
termination is a result of default or whether said termination is a result of final
submission of a close out report by Incentive Recipient detailing Incentive Recipient's
compliance with its obligations provided herein. Further, in the event any litigation,
claim or audit arising out of or related to this Agreement is instituted before the
expiration of the three (3) year period and extends beyond the tree (3) year period, the
records will be maintained until all litigation, claims, or audit fmdings involving this
Agreement and the records made the basis of same has been resolved.
15. Upon written request, Incentive Recipient shall provide PAEDC with all reports
reasonably necessary for PAEDC to comply with the Development Corporation Act.
16. It is expressly understood and agreed by the parties hereto that if Incentive Recipient fails
to submit to PAEDC in a timely and satisfactory manner any report required by this
Agreement, PAEDC, may at its sole discretion, demand assurances that Incentive
Recipient can and will fully perform its Contractual obligations. If Incentive Recipient
fails to provide adequate assurances in ten (10) business days then Incentive Recipient is
in breach and PAEDC is not obligated to reimburse Incentive Recipient for expenses
incurred for infrastructure improvements.
17. The PAEDC reserves the right, from time to time, to carry out field inspections/audits to
ensure compliance with the requirements of this Agreement. After completion of any
such audit, the PAEDC, at its option, may provide Incentive Recipient with a written
report of the audit findings. If the audit report details deficiencies in Incentive Recipient
performance under the terms and conditions of this Agreement, the PAEDC may
establish requirements for the timely correction of any such deficiencies by Incentive
Recipient.
HOLD HARMLESS
18. INCENTIVE RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD THE PAEDC
AND THE CITY(TOGETHER THE"INDEMNIFIED PARTIES")HARMLESS FROM
ALL INJURIES, CLAIMS, LIABILITIES, COSTS OR DAMAGES (INCLUDING
COURT COSTS AND REASONABLE ATTORNEY'S FEES) SUSTAINED BY OR
THREATENED AGAINST ANY OF THE INDEMNIFIED PARTIES FOR INJURY
OR DEATH TO PERSONS OR PHYSICAL DAMAGE TO PROPERTY ARISING
OUT OR RELATING TO THE PERFORMANCE BY INCENTIVE RECIPIENT OF
ITS OBLIGATION UNDER THIS AGREEMENT.
SUBCONTRACTORS
19. Incentive Recipient may subcontract obligations under this Agreement; however,
Incentive Recipient, in subcontracting for any performances described in this Agreement,
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expressly understands that PAEDC is in no way liable to Incentive Recipient's
subcontractor(s).
20. Incentive Recipient is responsible for performances, as if such performances rendered
were rendered by Incentive Recipient. PAEDC maintains any right of action which may
exist or which may be subsequently accrue to PAEDC under this Agreement.
21. Incentive Recipient, as well as all of its subcontractors, shall comply with all applicable
federal, state, and local laws, regulations, and ordinances relating to the operations and
activities of the redevelop of the Building.
CONFLICT OF INTEREST/DISCLOSURE OBLIGATION
22. Conflict of Interest: No employee, agent, officer or elected or appointed official of the
City of Port Arthur or the PAEDC who has participated in a decision making process
related to this Agreement (without recusing him/herself and executing a conflict
affidavit) may obtain a personal or financial interest or benefit from an PAEDC assisted
activity, or have an interest in any Agreement , subcontractors , or agreement (or
proceeds thereof) with respect to an PAEDC assisted activity, during their tenure or for
one (1) year thereafter. Incentive Recipient shall ensure compliance with applicable
provisions of the Act and Chapter 171, Local Government Code.
23. Disclosure: In conjunction with execution of this Agreement, Incentive Recipient has
fully disclosed to PAEDC all known and potential owners of interests in Incentive
Recipient and its general partner (whether stockholder, manager, member or otherwise).
In the event of any change in ownership or control of Incentive Recipient of five percent
(5 %) or greater, Incentive Recipient shall notify PAEDC in writing. Further, Incentive
Recipient shall be obligated to notify in writing the PAEDC in the event any time prior
to, during or one (1)year after the term of this Agreement, any City or PAEDC employee
or representative or any third party with a conflict of interest obtains or proposes to
obtain a financial benefit, direct or indirect, from Incentive Recipient or its general
partner. Failure to provide said notice immediately or no later than five (5)business days
after receipt of information shall constitute a default herein.
NONDISCRIMINATION/EMPLOYMENT/REPORTING
24. Incentive Recipient shall ensure that no person shall on the grounds of race, color,
religion, sex, handicap, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any construction activity.
Additionally:
a. To the greatest extent feasible, opportunities for training and employment arising
in connection with the redevelop of the Building will be given to Port Arthur
residents;
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b. To the greatest extent feasible, Agreement s for work to be performed in
connection with the construction of the Building will be awarded first to Port
Arthur residents and businesses, then to the residents and businesses of the nine-
county Southeast Texas Region; and
c. If Incentive Recipient advertises for workers in any media then it will advertise in
the"Port Arthur News."
LEGAL AUTHORITY
25. Incentive Recipient assures and guarantees that Incentive Recipient possesses legal
and/or corporate authority to enter into this Agreement, and to perform the services
Incentive Recipient has obligated to perform hereunder and has provided, and will in the
future provide, as requested by the PAEDC, such corporate resolutions necessary to
evidence this authority.
26. The person or persons signing and executing this Agreement on behalf of Incentive
Recipient, or representing themselves as signing and executing this Agreement on behalf
of Incentive Recipient, do hereby warrant and guarantee that he, she or they have been
duly authorized by Incentive Recipient to execute this Agreement on behalf of Incentive
Recipient and to validly and legally bind Incentive Recipient to all terms, performances,
and provisions herein set forth.
NOTICE OF LEGAL OR REGULATORY CLAIMS AGAINST INCENTIVE RECIPIENT.
27. Incentive Recipient shall give PAEDC immediate notice in writing of 1) any legal or
regulatory action, including any proceeding before an administrative agency filed against
Incentive Recipient, directly or indirectly; and 2) any material claim against Incentive
Recipient or its general partner, which may impact continued operations. For purposes
herein, "material" claims shall mean claims in excess of$15,000. Except as otherwise
directed by PAEDC, Incentive Recipient shall furnish immediately to PAEDC copies of
all pertinent documentation of any kind received by Incentive Recipient with respect to
such action or claim.
CHANGES AND AMENDMENTS
28. Except as specifically provided otherwise in this Agreement, any alterations, additions,
or deletions to the terms of this Agreement shall be by amendment in writing and
executed by all parties to this Agreement.
29. It is understood and agreed by the parties hereto that performances under this Agreement
must be rendered in accordance with the Act, the regulations promulgated under the Act,
the assurances and certifications made to PAEDC by Incentive Recipient, and the
assurances and certifications made to the City of Port Arthur with regard to the
construction of the infrastructure improvements. Based on these considerations, and in
order to ensure the legal and effective performance of this Agreement by all parties, it is
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agreed by the parties hereto that the performances under this Agreement may be amended
in the following manner: PAEDC may from time to time during the period of
performance of this Agreement issue policy directives which serve to establish interpret
or clarify performance requirements under this Agreement consistent with the intent of
the parties. Such policy directives shall be promulgated by the PAEDC Board of
Directors in the form of PAEDC issuances shall be approved by the City Council and
shall have the effect of qualifying the terms of this Agreement and shall be binding upon
Incentive Recipient, as if written herein.
30.Any alterations, additions, or deletions to the terms of this Agreement which are required
by changes in federal, state, or local law are automatically incorporated into this
Agreement without written amendment hereto, and shall become effective on the date
designated by such law or regulation. Incentive Recipient agrees to comply with all
federal, state, and local laws whether existing or hereinafter enacted.
DEFAULT/TERMINATION
31. In the event of default of any of the obligations of Incentive Recipient detailed herein or
in the event of breach of any of the representations of or warranties of Incentive
Recipient either detailed herein or in Incentive Recipient's application to the PAEDC, the
PAEDC may, at its sole and exclusive option and remedy, terminate this Agreement, in
whole or in part. In the event of such termination, but subject to the provisions hereof, in
addition to (i) any other remedies available to the PAEDC as provided by the laws of the
State of Texas or (ii) any other remedies available to the PAEDC as provided herein, the
PAEDC may, at its sole option:
a. Withhold and/or disallow further PAEDC grant payments or incentives to
Incentive Recipient, including funds to be advanced to Incentive Recipient
hereunder.
32. In addition to the foregoing, the parties agree that this Agreement may be terminated at
any time when both parties agree, in writing, to the terms and conditions of any such
voluntary termination.
INCENTIVE RECIPIENT AUDITS
33. If directed by the PAEDC Board, Incentive Recipient shall arrange for a compliance audit
by a certified public accountant to verify performances reported under this Agreement.
34. Incentive Recipient shall take all necessary actions to facilitate the performance of any
and all such audits, whether annual, mandatory, or otherwise requested under this
Agreement.
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35. Subject to financial privacy requirements of Incentive Recipient and properly designated
requests for non-disclosure due to proprietary reasons, all approved audit reports may be
made available for public disclosure to the extent required by the Public Information Act.
ENVIRONMENTAL CLEARANCE REQUIREMENTS
36. Incentive Recipient understands and agrees that by execution of this Agreement,
Incentive Recipient shall be responsible for making all reasonable efforts in providing to
PAEDC all information, concerning this PAEDC funded project, required for PAEDC to
meet its responsibilities for environmental review, decision making, and other action
which applies to PAEDC in accordance with and to the extent specified in federal, state,
and local law. Incentive Recipient further understands and agrees that Incentive
Recipient shall make all reasonable efforts to assist PAEDC in handling inquiries and
complaints from persons and agencies seeking redress in relation to environmental
reviews covered by approved certifications.
ORAL AND WRITTEN CONTRACTS/PRIOR AGREEMENTS
37. All oral and written contracts between the parties to this Agreement relating to the subject
matter of this Agreement that were made prior to the execution of this Contract have been
reduced to writing and are contained in this Contract.
38. The documents listed below are hereby made a part of this Agreement for all purposes,
and constitute promised performances by Incentive Recipient and/or PAEDC, as the case
may be, in accordance with this Agreement:
a. Exhibit"A"Findings of Fact for Infrastructure Improvements
b. Exhibit "B" PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas Grant
Application for PAEDC for funding
c. Exhibit"C"Performance Milestones
d. Exhibit"D" Certification Regarding Lobbying
e. Exhibit"E"Compliance Statement
f. Exhibit"F"Letter of Credit
VENUE
39. For purposes of litigation that may accrue under this Agreement, venue shall lie in
Jefferson County, Texas where substantially all the performance will occur.
ADDRESS OF NOTICE AND COMMUNICATIONS
Port Arthur Economic Development Corporation
501 Procter Street
Port Arthur, Texas 77640
ATTN: Chief Executive Officer
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PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas.
Sandra Richardson
6770 9th Avenue
Port Arthur, Texas 77642.
CAPTIONS
40. This Agreement has been supplied with captions to serve only as a guide to the contents.
The captions do not control the meaning of any paragraph or in any way determine its
interpretation or application.
COMPLIANCE WITH FEDERAL,STATE AND LOCAL LAWS
41. Incentive Recipient shall comply with all federal, state, and local laws, statutes,
ordinances, resolutions, rules, regulations, orders and decrees of any court or
administrative body or tribunal related to Incentive Recipient's performance under this
Agreement. Upon request by PAEDC or by the City of Port Arthur, Incentive Recipient
shall furnish reasonable satisfactory proof of its compliance herewith including execution
of the Certification Regarding Lobbying attached hereto as Exhibit "D" and the
Compliance Statement attached hereto as Exhibit"E".
ASSIGNMENT
42. This Agreement may not be assigned by Incentive Recipient to another entity unless and
until the PAEDC,by the action of the PAEDC Board, approves the assignment.
SUPPLEMENTAL COVENANT
43. Incentive Recipient and any branch, division or department of Incentive Recipient
certifies that they have not and will not knowingly employ an "undocumented worker" which
means "an individual who, at the time of employment, is not lawfully admitted for permanent
residence to the United States or authorized under law to be employed in that manner in the
United States."
44. Incentive Recipient acknowledges that it has reviewed Chapter 2264, Texas
Government Code and hereby affirmatively agrees by execution of this Agreement to repay the
amount of any incentive with interest at the rate of ten (10%) percent per annum not later than
the 120th day after the date PAEDC notifies Incentive Recipient of a violation.
45. Incentive Recipient acknowledges PAEDC may bring a civil action or cover any
amounts owed under this Chapter and further acknowledges that PAEDC may recover court
costs and reasonable attorneys' fees incurred in an action brought under §2264.101(a). Incentive
Recipient is not liable for a violation of this Chapter by a subsidiary, affiliate or franchisee of the
Incentive Recipient or by a person with whom the Incentive Recipient contracts.
III
ATTORNEY APPROVALS
APPROVED AS TO FORM:
Guy Goodson, General Counsel for PAEDC
VERIFIED AS CONSISTANT
WITH CITY COUNCIL RESOLUTION: Resolution Number :
Roxann Pais Cotroneo, City Attorney
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CONTRACT EXECUTION
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
SIGNED AND AGREED TO on the day of ,2026.
By: By:
President Secretary
Witness Witness
113
PARC ENTERPRISES,INC. DB/A SCRIPT CARE PHARMACY OF TEXAS
SIGNED AND AGREED TO on the day of , 2026.
By:
Witness
114
EXHIBIT "A"
FINDINGS OF FACT FOR INFRASTRUCTURE IMPROVEMENTS
Facts:
• PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas has requested
an incentive agreement from the PAEDC for infrastructure improvements
for the construction of a of 5,710 square-foot Shopping Center with concrete
parking, driveways, and all utilities required for the developed site.
• PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas wants to make
infrastructure improvements in order to make it more accommodating for
consumers visiting the Property.
Findings:
• The PAEDC Board of Directors has found that constructing infrastructure
improvements at 6770 9th Ave. in Port Arthur, Texas would lead to the
development of new and expanded business enterprises in the City of Port
Arthur.
• The construction of a new metal building with concrete parking, driveways,
and all utilities required for the developed site is anticipated to increase sales
tax revenues for the City of Port Arthur and add to the City ad valorem tax
base.
its
EXHIBIT "B"
PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas Grant
Application
116
P F u
501 Procter St. Ste. 100
Port Arthur.TX -'640
409.963.05-9
PHASE I - ECONOMIC INCENTIVE APPLICATION
Date:_April 18, 2026
NAICS CODE:_621399
Name of Entity : Parc Enterprises Inc
CONTACT: Dr. Sandra Richardson
ADDRESS: 6770 9th Avenue
CITY : Port Arthur STATE :TEXAS ZIP :77642
PHONE: (409) EMAIL:
BUSINESS STRUCTURE: x CORP. LLC PARTNERSHIP SOLE
PROPRIETORSHIP_x_HUB/MWBE NON-PROFIT
BUSINESS TYPE:
INDUSTRIAL/MANUFACTURING RECYCLING DISTRIBUTION SMALL-
WARHOUSE_x_COMMERCIAL OTHER (SPECIFY)
DATE BUSINESS ESTABLISHED 2000
DATE BUSINESS INCORPORATED 2004
PRESENT#OF EMPLOYEES OR TOTAL #OF EMPLOYEES AFTER INCENTIVE OR TOTAL
PAYROLL 2 PAYROLL_14
JOB WAGE # OF JOB WAGE SCALE #OF
CLASSIFICATION SCALE EMPLOYEES CLASSIFICATION EMPLOYEES
PHARMACIST 75/HR 1 NURSE 70/HR 4
PRACTITICER
PHARMACY 28/HR 1 CNA 15/HR 3
TECH
OFFICE CLERK 17/HR 2
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION LAST REVISED:10108/2025
r 1) 11 *\I11It i
501 Procter St. Ste. 100
Port Arthur.TX 7640
409.963.0579
#OF WAGE #OF
EMPLOYEES SCALE EMPLOYEES
AFTER
INCENTIVE
TEACHERS 45/HR 5
OWNERSHIP OF APPLICANT COMPANY:
Owners with Five (5%) Percent or Greater Ownership of the Company
NAME TITLE %OF OWNERSHIP
Dr. Sandra Richardson CEO 100
OTHER SOURCES OF FUNDS AND/OR EQUITY: List all request and/or approvals of funds from
other sources (e.g. banks, credit unions, govt. entities, etc ) together with dates of application,
status and funding source contract party names:
Simmons Bank Orlando Saldana December 2024
PNC Bank Bradley Collins February 2025
FINANCE AMERICA MIKE TEHSENSKY March 2024
AMOUNT SOURCE OF FUNDS
Land $ Finance of America
Bldg./Renovation $ Simmons Bank
Infrastructure / $ PNC Bank
Dentention Pond $ PNC Bank
Equipment $ Finance of America
Furniture/Fixture $ Finance of America
Total $
2
PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION LAST REVISED:10108/2025
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C-2.I
EXHIBIT "C"
PERFORMANCE MILESTONE SCHEDULE
PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas
DATE MILESTONE
Review approved infrastructure plans by the City of Port Arthur
(a) October 1,2026 and projected costs with PAEDC for the construction of the
project at 6770 9th Ave., Port Arthur, Texas
(b) November 1,2026 PARC will issue a status report to PAEDC on Project
construction at 6770 9th Ave.,Port Arthur, Texas
PARC will provide evidence of completion of the qualifying
(c) December 31,2026 infrastructure improvements.
PAEDC will issue 30%of Economic Incentive Grant with proof
of Letter of Credit from Financial Institution on file.
(d) February 28, 2027 PARC will issue a status report to PAEDC on Project
construction at 6770 9th Ave.,Port Arthur, Texas
PARC will obtain Certificate of Occupancy for the first retail
(e) April 30,2027 space and provide a copy to the PAEDC.
PAEDC will issue 35%of Economic Incentive Grant with proof
of Letter of Credit from Financial Institution on file.
(f) June 15,2027 PARC will issue a status report to PAEDC on remaining project
construction at 6770 9th Ave., Port Arthur,Texas
PARC will obtain Certificate of Occupancy for the second retail
(g) July 31, 2027 space and provide a copy to the PAEDC.
PAEDC will issue the remaining 35%of Economic Incentive
Grant
(1)) August 31, 2027 PARC meets all of their contractual agreement. File is closed.
(i) August 31, 2027 PAEDC Board of Directors release Letter of Credit to PARC
4
117
EXHIBIT "D"
CERTIFICATION REGARDING LOBBYING
For Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of
any agency, a member of the City or of the PAEDC in connection with the
awarding of any contract, the making of any grant, the making of any loan, the
entering into of any cooperative agreement, or modification of any contract, grant,
loan, or cooperative agreement.
2 The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements), and that
all Subs shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction.
PARC Enterprises, Inc. d/b/a Script
Care Pharmacy of Texas
Date: By:
118
EXHIBIT "E"
COMPLIANCE STATEMENT
PARC Enterprises, Inc. d/b/a Script Care Pharmacy of Texas hereby
certifies that it has fully complied with Local Government Code §176.006, as
amended, which mandates the disclosure requirements for persons who contract or
seek to contract with a local governmental entity.
PARC Enterprises, Inc. d/b/a Script Care
Pharmacy of Texas
Date: By:
119
EXHIBIT "F"
LETTER OF CREDIT
I20