Ord 59-2025 performance agreement and appropriating funds from the Tax Increment Financing (TIF) Reinvestment Zone #3 to Mohammad Kabir, Nael Trading LLC, DBA Zoom Zoom #5 ORDINANCE NO. 59-2025
Ordinance authorizing a performance agreement and appropriating
funds from the Tax Increment Financing (TIF) Reinvestment Zone #3
to Mohammad Kabir, Nael Trading LLC, DBA Zoom Zoom #5 for
matching assistance up to $10,000 for necessary design professional
scoping and plans supporting rehabilitation of an existing
convenience store and installing new fuel pumps and canopy
WHEREAS, the City Council created the Tax Increment Financing Reinvestment
Zone #3 (TIF #3) for the purpose of encouraging economic development and increasing
the tax base in Council District 2; and,
WHEREAS, the City Council wishes to pursue the development of public-private
partnerships that further enhance development opportunities; and,
WHEREAS, on October 15, 2025, the Board of Directors of the TIF #3
recommended an expenditure supporting the rehabilitation of an existing business,
restoring needed fueling services, and expanding food availability within the zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . TIF #3 funds for a matching 50% reimbursement in the amount up to $10,000
are hereby appropriated to Mohammad Kabir, Nael Trading LLC, DBA Zoom Zoom #5,
1301 MLK Jr. Blvd. for the purpose contracting with design professionals, e.g., architects,
engineers, surveyors, and contractors to prepare plans for the rehabilitation of an existing
convenience store with new fuel pumps and canopy.
2. The TIF #3 Chair is authorized to enter into a performance agreement, as
approved by the City Attorney (Exhibit 1) for the TIF #3 funds.
PASSED AND APPROVED this the 4th day of November, 2025.
MAYOR
ATTEST:
tc
City Clerk
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AGENDA ITEM NO. 6.B
Exhibit 1
Performance Agreement for Incentives at 1301 Martin Luther King Jr. Blvd. in Wichita
Falls, Texas
This Performance Agreement ("Agreement") is entered into on
, by and between the Tax Increment Financing (TIF) Reinvestment Zone #3 ("TIF #3
"), a Texas reinvestment zone authorized under the Texas Local Government Code 311, ("Code"),
and Mohammad Kabir, Nael Trading LLC, DBA Zoom Zoom #5 ("Company").
Whereas, Company seeks to perform the following: site improvements, to include
rehabilitation of an existing convenience store and to install and construct new fuel pumps and
canopy, located is in Wichita Falls, Texas (the "Project"), and represents that the Company's
restoration/rehabilitation of its Facility will involve a capital investment of approximately
$150,840.00; and,
Whereas, the project will reverse the deterioration of a structure within the zone and
promote economic activity, redevelopment, and growth within the zone; and,
Whereas, Company needs assistance in paying for Project; and,
Now, therefore, be it resolved, subject to the approval of the Wichita Falls City Council
and the execution of subsequent agreements to memorialize and obligate funds provided hereunder
in the form to be provided by the TIF #3, the parties agree as follows:
Incentives:
The TIF #3 agrees to provide to Company a 50% reimbursement up to and not exceeding
$10,000.00 for the design and plan preparation for the Project. The design costs include all fees
paid for the services of architects, engineers, surveyors, contractors and the like to prepare plans
necessary to determine the full scope of work, cost, and permitting of the Project.
Documentation. Prior to receiving payment from the TIF #3 pursuant to this Agreement,
Company shall ensure compliance with any outstanding City violations and/or other building code,
zoning or other violations related to the work being funded, including any required encroachment
agreements and/or other improvements obligated in the public right-of-way. Also, prior to
receiving payment, the Company shall submit documentation as required by the TIF #3 to verify
and document such request, including forgivable notes covering the amounts provided hereunder
providing the following minimum provisions and other provisions required by the TIF #3 to
adequately secure and document payments and provide for forgiveness:
General Conditions:
1. Use of Proceeds. Company agrees to use all of the funds received from TIF #3
pursuant to this Agreement for (or as reimbursement for) the "costs" (as that term is defined in
Tex. Loc. Gov't Code Ann. § 501.152, as of the date of this Agreement)of this Project, specifically
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AGENDA ITEM NO. 6.B
for site improvements, to include installation of a fire suppression system and water line
connection for service to the building.
2. Compliance with Tex. Gov't Code § 2264.001. In accordance with Tex. Gov't
Code §§ 2264.001 through 2264.101, Company does not and will not knowingly employ an
undocumented worker during the term of this Agreement in violation of Texas or federal law. If,
during the term of this Agreement, Company or a branch, division, or department of Company is
convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the entire amount
of the public subsidy with the addition of interest at the rate of 5% simple annual interest as
required by Tex. Gov't Code § 2264.053, not later than the 120th day after the date the TIF #3
notifies the business of the violation.
3. Disputes.In the event of a dispute, (1)If any action at law or in equity is necessary
to enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to
recover its own attorneys' fees from the other party. All parties understand that Texas Local
Government Code subchapter I, § 271.153(a)(3)provides that the total amount of money awarded
in an adjudication brought against a governmental entity for breach of a contract includes
attorneys' fees. All parties expressly waive all statutory and other rights to recover attorneys' fees
pursuant to in § 271.153(a)(3) and all other law, and (2) sole venue for any action based on this
Agreement or promise ancillary thereto shall be in Wichita County, Texas.
4. The TIF #3 shall not be the guarantor of Company's success, and shall not be liable
for any failure to provide incentives not specifically set forth in this Agreement.
5. Indemnity. Company shall indemnify, save and hold harmless TIF #3 and the City
of Wichita Falls and their respective officers, directors, employees, representatives and agents
(collectively,the"Indemnified Parties") from and against: (i)any and all claims, demands, actions,
or causes of action that are asserted against any Indemnified Party by any person or entity if the
claim, demand, action or cause of action directly or indirectly relates to a claim, demand, action,
or cause of action attributable to the acts or omissions of Company, any affiliate of Company or
any officer, employee or partner of Company; (ii) any and all claims, demands, actions or causes
of action that are asserted against any Indemnified Party if the claim, demand, action or cause of
action directly or indirectly relates to funds received by Company pursuant to this agreement,
Company's use of the proceeds of funds received pursuant to this agreement or the relationship of
Company and WF4BSTC pursuant to this agreement; and (iii) any and all liabilities, losses, costs
or expenses (including attorneys' fees and disbursements) that any Indemnified Party suffers or
incurs as a result of any of the foregoing; provided, however, that Company shall have no
obligation pursuant to this provision to any Indemnified Party with respect to any of the foregoing
arising out of the negligence or willful misconduct of such Indemnified Party. To the extent
necessary to provide the Indemnified Parties full protection in accordance with the terms of this
Section, the indemnity provisions set forth herein shall survive the termination of this Agreement.
6. Further approvals required. Any representations by TIF#3 or the City of Wichita
Falls (or any representatives of any of the foregoing) concerning the availability of incentives
hereunder are subject to the approval of the governing bodies entrusted by law to issue said
incentives.
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AGENDA ITEM NO. 6.B
7. This agreement and said attachments, if any, may only be amended, supplemented,
modified or canceled by a duly executed written instrument agreed to by both parties.
8. Assignability. This agreement is not assignable by Company.
9. Governmental Function. Company acknowledges and agrees that TIF #3's loan
of money to Company is a governmental function that benefits the Wichita Falls community as a
whole.
Zoom Zoom #5 Tax Increment Financing Reinvestment
Zone #3
Mohammad Kabir, Owner Kenneth Haney, Chair
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AGENDA ITEM NO. 6.B