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MEMORANDUM
TO: Mayor, City Council & City Manager
From: Mark T. Sokolow, City Attorney ~ ~
Subject: P. R. No. 13081 Council Meeting March 29, 2005
Date: March 24, 2005
Attached is P. R. NO. 13081 authorizing a Settlement between
Southeast Texas Community Development, Inc., Reginald Singleton,
and Mary Singleton and the City of Port Arthur Section 4A
Economic Development Corporation. The Board of Directors of the
City of Port Arthur Section 4A Economic Development Corporation
are recommending this settlement.
MTS:ts
Attachment
cc: Mr. Reginald Singleton
Mrs. Mary Singleton
6100 Daisy Drive
Port Arthur, Texas 77640
VIA FACSIMILE (409) 727-3954
Ms. Debbie Dengler
PORT A~THUR ABSTRACT
z .pr13081 .memo
P. R. No. 13081
03/24/05 - ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING A SETTLEMENT BETWEEN
SOUTHEAST TEXAS COMMUNITY DEVELOPMENT, INC.,
REGINALD SINGLETON, MARY SINQLETON, AND THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION
WHEREAS, on or about April 23, 1999, Southeast Texas Community
Development, Inc. received an economic incentive grant of $68,000
from the City of Port Arthur Section 4A Economic Development
Corporation to hire directly or indirectly up to sixty-eight (68)
employees for a kitchen incubator program over a two {2) year
period; and,
WHEREAS, Southeast Texas Conununity Development, Inc. failed to
create the incubator program; and,
WHEREAS, Mary Singleton and Reginald Singleton desire to deed
the property at 743 Procter Street (Lot 23, Bock 129) to the City
of Port Arthur Section 4A Economic Development Corporation in
settlement of the above mentioned defaulted economic incentive
agreement; and
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation has recommended settlement under these
terms; and
WHEREAS, the City deems it in the best interests of the
citizens to process a settlement with Southeast Texas Community
Development, Inc., Mary Singleton, and Reginald Singleton for the
acceptance of the property located at 743 Procter Street to the
City of Port Arthur Section 4A Economic Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Attorney is authorized to process
a settlement with Southeast Texas Community Development, Inc., Mary
Singleton, and Reginald Singleton for the City of Port Arthur
Section 4A Economic Development Corporation to accept clear and
marketable title (with all liens being released) to the building
and lot at 743 Procter, in satisfaction of the obligations under
the incentive agreement, in substantially the same form as
delineated in Exhibit "A". If the settlement is not completed by
April 15, 2005, then the City Attorney is authorized to file suit.
Section 3. That the City of Port Arthur Section 4A
Economic Development Corporation is authorized to pay the customary
closing costs and title insurance.
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., 2005, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES:
;
NOES:
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OSCAR ORTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
EXHIBIT "A"
THE ~TATE OF TEXAS §
COUNTY OF JEFFERSON §
SETTLEMENT AGREEMENT AND RELEASE
WHEREAS, on or about April 23, 1999, Southeast Texas Community
Development, Inc. received an economic incentive grant of $68,000
from the City of Port Arthur Section 4A Economic Development
Corporation to hire directly or indirectly up to sixty-eight (68}
employees for a kitchen incubator program over a two (2) year
period; and,
WHEREAS, Southeast Texas Community Development, Inc. failed to
create the incubator program; and,
WHEREAS, Mary Singleton, Reginald Singleton, and Southeast
Texas Community Development Inc., desire to deed the property at
743 Procter Street (Lot 23, Bock 129) to the City of Port Arthur
Section 4A Economic Development Corporation in settlement of the
above mentioned defaulted economic incentive grant; and
WHEREAS, the Southeast Texas Co~unity Development, Inc., Mary
Singleton, and Reginald Singleton have deeded clear and marketable
title (with all liens being released) to the building and lot at
743 Procter Street; and,
NOW THEREFORE, based on the consideration of the receipt by
the City of Port Arthur Section 4A Economic Development Corporation
of marketable title (with all liens being released) to the building
and lot at 743 Procter Street, the City of Port Arthur Section 4A
z.release of liens_setxcd.inc
Economic Development Corporation herein releasem Southeast Texas
Community Development, Inc., Reginald Singleton, Mary Singleton,
and their officers and directors from any and all claims from the
incentive agreement with Southeast Texas Community Development,
Inc., dated on or about April 23, 1999 as it pertains to the
kitchen incubator program.
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A~R3ED TO AXeD 3XEC~TED this __ day of A.D.,
2005.
THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEFELOPMENT CORPORATION
By:
APPROVED AS TO FOP. M:
Mark T. Sokolow, City Attorney
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared , known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as
the act and deeds of the City of Port Arthur Section 4A Economic
Development Corporation, for the purposes and considerations
therein expressed, and in the capacities therein stated.
gIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of
· 2005.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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AGREED TO A~D EXECUTED this __ day of
A.D., 2005.
THE SOUTHEAST TEXAS COMMUNITY DEVELOPMENT, INC.
By:
Duly Authorized Agent
ACKNOWLEDHMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared , known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as
the act and deeds of Southeast Texas Community Development, Inc.,
for the purposes and considerations therein expressed, and in the
capacities therein stated.
HIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of
, 2005.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
z.release of liens setxcd.inc 4
AGi~EED TO A~D EXECUTED this __ day of
A.D., 2005.
Mary Singleton
ACKNOWLEDGMENT
TEE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Mary Singleton, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same as the act and
deeds of Mary Singleton for the purposes and considerations
therein expressed, and in the capacities therein stated.
~IVEN UNDER MY HAND AND SEAL OF OFFICE· this __ day of
· 2005.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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A~EED TO AND EXECUTED this __ day of
A.D., 2005.
Reginald Singleton
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE NE, the undersigned Notary Public, on this day
personally appeared Reginald Singleton, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deeds
of Reginald Singleton, for the purposes and considerations
therein expressed, and in the capacities therein stated.
~IVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of
, 2005.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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