Business Improvement Grant Program

I (We), hereinafter referred to as “APPLICANT”, on behalf of the identified entity, submit to the Tomball Economic Development Corporation, hereinafter referred to as “TEDC”, this application for consideration of a Business Improvement Grant under the provisions of the TEDC’s Business Improvement Grant Program.

As part of this application, APPLICANT represents to TEDC the following:

1. APPLICANT has received a copy of the TEDC’s Guidelines and Criteria for the Business Improvement Grant Program. APPLICANT acknowledges to TEDC that in making this application, APPLICANT understands the terms and provisions thereof, and all questions relating to any needed interpretation thereof have been answered by authorized representatives of TEDC prior to the submission of this application.

2. APPLICANT has secured such legal, accounting, and/or other advice that may be necessary for APPLICANT to determine the desirability of making this application and/or accurately and correctly answering any questions as hereinafter set out. APPLICANT acknowledges that it has completely relied on the advice and counsel of experts and/or appropriate persons retained, employed, or compensated by APPLICANT, and that it has not relied upon, nor is APPLICANT now attempting to rely upon the advice and counsel of TEDC, its servants, agents, employees and/or elected or appointed officers.

3. By signing this document, “Application for Business Improvement Grant” either in an individual capacity, jointly, or in a representative capacity. APPLICANT acknowledges and verifies that all of the facts, information, and allegations as herein set out are true, correct and accurate, and that TEDC may rely thereon as if the same had been signed by APPLICANT or APPLICANT’S agent before a Notary Public or other authorized officer permitted by law to administer oaths and to take acknowledgements. APPLICANT further acknowledges and understands that any materially false or misleading statements of fact may be considered a violation of the criminal laws of the State of Texas.

4. The APPLICANT, whether a corporate entity, partnership, or other legal type business entity, or an individual, acknowledges and verifies that it is current on all current tax obligations, assessments, or other governmental levies and assessments, and that the same have been paid when due and payable, and that no delinquencies exist at this time. The APPLICANT swears and affirms that the APPLICANT is fully authorized to transact business in the State of Texas and in the state of incorporation if different from the State of Texas.

5. The APPLICANT hereby certifies that the APPLICANT does not and will not knowingly employ an undocumented worker. An “undocumented worker” shall mean an individual who, at the time of employment, is not (a) lawfully admitted for permanent residence to the United States; or (b) authorized under the law to be employed in that manner in the United States. APPLICANT understands and agrees that if, after receiving a Business Improvement Grant, APPLICANT is convicted of a violation under 8 U.S.C. Section 1324a(f), the APPLICANT shall be required to reimburse to the TEDC the grant amount received. Payments must be paid in full within thirty (30) days after the date of written notification by the TEDC. The form of such payment shall be a cashier’s check or money order, made payable to the Tomball Economic Development Corporation. The TEDC has the right to recover court costs and reasonable attorney’s fees as a result of any civil action required to recover such repayment.

Location in the City of Tomball for which the improvement is being requested

Other companies and locations owned and/or operated by the APPLICANT

6. Please attach a separate document providing a legal description of the property upon which the contemplated improvements will be located as Exhibit A. Then name of the file may only consist of letters, numbers and underscores. NO SPACES in the file name are allowed.

7. Please attach a vicinity map locating the property within the City of Tomball as Exhibit B. The name of the file may only consist of letters, numbers and underscores. NO SPACES in the file name are allowed.

8. Please furnish detailed drawings, plans, specifications, color schemes, or any other available supporting documents for the proposed improvements and cost estimates as Exhibit C. The name of the file may only consist of letters, numbers and underscores. NO SPACES in the file name are allowed.

Please include Description, Estimated Repair, Estimated Start Date, and Completion Date

11. If leased facility, provide the following information (attach copy of current lease): The name of the file may only consist of letters, numbers and underscores. NO SPACES in the file name are allowed.

12. Prior to APPLICANT’S execution of this application, APPLICANT has had this reviewed by an Attorney of the APPLICANT, or has had the opportunity to do so, and the parties hereto agree that based on the foregoing, this application for the business improvement grant program shall not be construed in favor of one party over the other based on the drafting of this application.

13. APPLICANT and owner/landlord indemnify, defend, and hold TEDC harmless from any liability, injury, claim, expenses, and attorney’s fees arising out of a contractor, builder, or contract for performance of improvements, or repair to buildings and facilities.

14. TEDC has delivered a copy of the guidelines and criteria for a business improvement grant program to applicant for review, and the delivery hereof does not constitute an offer of an improvement grant.

15. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of the application for the business improvement grant program. If any provision of this application for business improvement grant program should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this application shall not be affected thereby.

16. Before submitting an application to the TEDC, the APPLICANT must meet with the Development Review Committee (DRC) of the City of Tomball for a review of the proposed project improvements in order to fulfill Section 3(D) project eligibility requirement in the TEDC “Guidelines and Criteria.” The DRC meets each Wednesday from 1:00-4:00p.m., and the APPLICANT can make an appointment by calling 281-290-1405. Appointments must be scheduled before 4:00 p.m. on Tuesday.