HomeMy WebLinkAboutR22-56122
RESOLUTION NO. R22-561
A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT
AGREEMENT BETWEEN THE BOARD OF DIRECTORS OF THE TAX
INCREMENT REINVESTMENT ZONE #1 HISTORIC DOWNTOWN
PLAINVIEW AND BETTY FAYE BEAUTY BAR LOCATED AT 715
BROADWAY, PLAINVIEW, TEXAS.
WHEREAS, the City has established a program in accordance with Article III,
Chapter 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government
Code under which the City has the authority to make loans or grants of public money and
provide personnel and services of the City to promote state or local economic
development and to stimulate business and commercial activity in the municipality,
including the authority to enter into this Agreement; and
WHEREAS, § 311.010 of the Texas Tax Code, on approval of the governing body
of the municipality, by ordinance, authorizes the City to grant to the board of directors of
a tax increment reinvestment zone all the powers of a municipality under Chapter 380 of
the Texas Local Government Code; and
WHEREAS, through Ordinance 18-3677, the City created the Tax Increment
Reinvestment Zone Number One, Historic Downtown, Plainview, Texas and empowered
its Board of the Directors ("TIRZ Board") in Ordinance 18-3865 to create and administer
economic development grant programs for private initiatives which will enhance the
redevelopment of the historic downtown Plainview area as described in the project
submittal guidelines within Ordinance 18-3685; and
WHEREAS, Betty Faye Beauty Bar is a local commercial retailer that is located in
the historic downtown providing quality commercial retail services to its customers; and
WHEREAS, Betty Faye Beauty Bar is the upgrading, enhancing and/or repairing
the exterior fagade of their building and performing certain interior renovations and
remodeling located at 715 Broadway St., Plainview, Texas; and
WHEREAS, Betty Faye Beauty Bar has completed a Fagade/Public Improvement
Application requesting funds to facilitate upgrading, enhancing and/or repairing the
fagade of their building upgrading and performing certain interior renovations and
remodeling; and
WHEREAS, the TIRZ Board has reviewed and approved the application including
the essential business terms and conditions that are contained in the Economic
Development Agreement for a $10,000.00 grant for the exterior fagade and $35,000 grant
for interior renovations and remodeling attached hereto as Exhibit A; and
WHEREAS, the TIRZ Board has concluded and hereby finds that proposed project
promotes economic development in the City, is consistent with the Tax Increment
Reinvestment Zone # 1, Historic Downtown Plainview Downtown Fagade Improvement
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Grants program as a part of Ordinance 18-3685, meets the requirements under Article III,
Chapter 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government
Code and qualifies as an economic development program, and, would be beneficial for
the City of Plainview infusing new dollars into the local economy, promote economic
development and is in the best interest of the City of Plainview and further requests to the
City Council of the City of Plainview to authorize the TIRZ Board to enter into the attached
Economic Development Agreement with Betty Faye Beauty Bar; and
WHEREAS, the City Council of the City of Plainview finds that it is in the best
interest of the public and to promote new or expanded business development within the
City and within Tax Increment Reinvestment Zone # 1, Historic Downtown Plainview to
approve the request of the TIRZ Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, THAT:
1. The recitals and findings outlined above are found to be true and correct and
incorporated herein as though set forth fully herein.
2. The City Council hereby authorizes the TIRZ Board to enter into the attached
Economic Development Agreement with Betty Faye Beauty Bar set forth in Exhibit A for
a $10,000.00 grant and a $35,000 grant for interior renovations and remodeling to
promote and facilitate economic development in the City of Plainview.
3. The City Council authorizes the TIRZ Board or their designee to execute any and
all documents necessary to effectuate the City Council's desires as outlined in this
resolution.
4. This resolution shall take effect immediately from and after its passage.
Approved by the City Council this 101h day of May, 2022.
CITY OF PLAINVIEW, TEXAS
.4 � , A-Ae.
Sus n Blackerby, Mayor Pro Tern
ATTEST:
/ g klx /�
elinda Hinojo a, ity Secretary
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TAX INVESTMENT REINVESTMENT ZONE # 1, HISTORIC DOWNTOWN PLAINVIEW
380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT
BETTY FAYE BEAUTY BAR
This Chapter 380 Economic Development Pro
am and Agreement ("Agreement") is made and
entered into this entered into this the day of 2022 (the
"Effective Date") between City of Pla1"Jew, Texas, a Teas home -rule municipal corporation (herein
"City"), by and through the Board of Directors of Tax Increment Reinvestment Zone # 1, Historic
Downtown Plainview, (the "TIRZ Board") and Betty Faye Beauty Bar ("Betty Faye"), collectively referred
to herein as the "Parties", under the terms and conditions that follow:
RECITALS
WHEREAS, the City has established a program in accordance with Article III, Chapter 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 money and provide personnel and services of
the City to promote state or local economic development and to stimulate business and commercial activity
in the municipality, including the authority to enter into this Agreement; and
WHEREAS, through Ordinance 18-3677, the City has created the Tax Increment Reinvestment
Zone # 1, Historic Downtown, Plainview, Texas (the "Zone"), and empowered the Board of the Directors
of the Zone to create and administer economic development grant programs for private initiatives which
will enhance the redevelopment of the historic downtown Plainview area as described in the project
submittal guidelines within Ordinance 18-3685; and
WHEREAS, Betty Faye Beauty Bar is a local commercial retailer (the `Business") located in the
Zone with an address of 715 Broadway St, Plainview TX 79072 (the structure and location where the
Business will be operating may be referred to as the "Property"); and
WHEREAS, the Betty Faye has completed a Fagade/Public Improvement Application requesting
funds to facilitate upgrading, enhancing and/or repairing the fagade of their building upgrading and
performing certain interior renovations and remodeling according to all City development and design
ordinances, guidelines, rules and regulations which attached hereto as Attachment A; and
WHEREAS, the TIRZ Board recognizes a critical need to maintain and attract new retail
businesses such to the historic downtown of the City of Plainview, and finds that the exterior and interior
work being planned by Betty Faye meets the criteria set forth in Ordinance 18-3685 and will increase the
community aesthetic and taxable value of the historic downtown area and is advantageous to the economic
development of the community and stimulate business and commercial activity in the City; and
WHEREAS, in consideration of Betty Faye remodeling and operating the Business within the
Zone and the positive economic development impact the Business has on the community and Historic
Downtown Plainview and in accordance with the terms outlined herein, the TIRZ Board agrees to provide
a $10,000.00 grant for the exterior fagade and $35,000 grant for interior renovations and remodeling to
Betty Faye for the fagade and improvements associated with the remodeling of the Property; and
WHEREAS, to ensure that the benefits the TIRZ Board provides under this Agreement are utilized
in a manner consistent with Article III, Chapter 52-a of the Texas Constitution and Chapter 380 of the Texas
Local Government Code and other applicable law, Betty Faye has agreed to comply with certain conditions
for receiving those benefits, including performance conditions relating to business investment and job
retention and business operations;
WHEREAS, the TIRZ Board has concluded and hereby fmds that this Agreement promotes
economic development in the City, is consistent with the Downtown Fagade Improvement Grants program
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar Page 1 of 10
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as a part of Ordinance 18-3685 (the "Program") and, as such, meets the requirements under Article III,
Chapter 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code and qualifies
as an economic development program, and, would be beneficial for the City of Plainview infusing new
dollars into the local economy, promote economic development and is in the best interest of the City of
Plainview;
NOW, THEREFORE, for and in consideration of the premises and the consideration herein recited, the
receipt and sufficiency of which is expressly acknowledged by Betty Faye, the parties hereby mutually
agree as follows:
1. RECITALS INCORPORATED. That the recitals and findings outlined above are found to be
true and correct and incorporated herein as though set forth fully herein.
2. TERM OF AGREEMENT. The term of this Agreement shall be for five (5) years commencing
on the Effective Date, unless terminated earlier pursuant to any termination provisions outlined in this
Agreement.
3. TIRZ BOARD ECONOMIC DEVELOPMENT GRANT/FACADE IMPROVEMENT
GRANT. The TIRZ Board, subject to the contingencies and conditions contained in this Agreement, shall
provide a financial grant up to a $10,000.00 for the exterior fagade and up to $35,000 for interior renovations
and remodeling for eligible reimbursement expenses incurred by Betty Faye. Betty Faye expressly
acknowledges that the grants provided by the TIRZ Board shall be funded to Betty Faye within thirty (30)
days following confirmation by the TIRZ Board or their designated representative of Betty Faye's
compliance with the following:
(a) Betty Faye is in compliance with the terms of this Agreement, including, but not limited to
Section 4 outlined below; and
(b) Betty Faye providing all necessary documentation, invoices or receipts, as required by the
TIRZ Board or their designated representative, for all funds used or expended that meet
reimbursement under the Program.
4. GRANT CONDITIONS. This grant shall be provided to Betty Faye upon the following terns and
conditions being met:
(a) Betty Faye has met the eligibility requirements for the Program, as shown on Attachment
A;
(b) Completion of the Project no later than
_(c) The Project conforms with and meets the criteria and development standards set forth in
Ordinance 18-3685, including any and all applicable guidelines, rules and regulations of
the City, as well as applicable state and federal laws and regulations;
(d) A Certification of Payment Form for all improvements (TIRZ reimbursable as well as non -
reimbursable) to the Property being provided to Hale County Appraisal District, attached
hereto as Attachment B;
(e) Betty Faye is current on all financial obligations owed to the City of Plainview (including
fines, taxes or fees to the City of Plainview) subject to applicable appeals rights;
(f) Betty Faye verifies that it has paid all ad valorem taxes due and owing by it to the City of
Plainview and all other taxing authorities having jurisdiction (provided however, nothing
herein shall prevent Betty Faye from protesting, appealing and/or litigating in good faith
any taxes assessed against it or the Business);
(g) Providing to the City and the TIRZ Board access to any and all information, upon
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar Page 2 of 10
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reasonable notice to Betty Faye, related to the Project or the associated improvements
necessary to confirm Betty Faye's compliance with the terms of this Agreement;
(h) Betty Faye has provided the TIRZ Board with an employment report as required under
Section 6 of this Agreement;
(i) Betty Faye is not in breach of this Agreement as evidenced in writing from the TIRZ Board
alleging that Betty Faye is in breach and specifying the details of the alleged breach;
(j) Betty Faye provides the TIRZ Board at Betty Faye's sole cost and expense, before and after
photographs depicting the improvements funded with the grants.
(k) The Business is operational, in good standing and is not considered insolvent with
"insolvent" being defined as:
(i) Betty Faye either has ceased to pay its debts in the ordinary course of
business or cannot pay its debts as they become due;
(ii) is insolvent within the meaning of the federal bankruptcy laws;
(iii) a receiver has been appointed over Betty Faye, or of all or any substantial
part of the Business;
(iv) the adjudication of Betty Faye as bankrupt; or
(v) the filing by Betty Faye of a petition to be adjudged bankrupt, or a petition
or answer seeking reorganization or admitting the material allegations of
a petition filed against it in any bankruptcy or reorganization proceeding.
5. CONTINUING OBLIGATIONS. As a continuing obligation on the part of Betty Faye during
the term of this Agreement and in exchange for the grants outlined herein, Betty Faye agrees to the
following:
(a) Betty Faye continues as a business and operational in the City of Plainview in good
standing and is not considered insolvent with "insolvent" being defined as:
(i) Betty Faye either has ceased to pay its debts in the ordinary course of
business or cannot pay its debts as they become due;
(ii) is insolvent within the meaning of the federal bankruptcy laws;
(iii) a receiver has been appointed over Betty Faye, or of all or any substantial
part of the Business;
(iv) the adjudication of Betty Faye as bankrupt; or
(v) the filing by Betty Faye of a petition to be adjudged bankrupt, or a petition
or answer seeking reorganization or admitting the material allegations of
a petition filed against it in any bankruptcy or reorganization proceeding.
(b) Upon the TIRZ Board providing thirty (30) days written notice to Betty Faye, permitting
the TIRZ Board shall have an opportunity to review and verify the supporting
documentation at Betty Faye's corporate office or other agreeable location. For purposes
of complying with this obligation, the TIRZ Board and Betty Faye understand that the
supporting documentation shall be treated as confidential, proprietary and sensitive
material of Betty Faye and shall remain in the possession of Betty Faye;
(c) Betty Faye shall maintain the Business and the Property in good condition and shall comply
with all applicable city and state codes, regulations and ordinances; and
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar
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(d) Betty Faye shall keep the business property free of any public nuisance and in full
compliance with all applicable city codes.
6. EMPLOYMENT REPORTING TO TIRZ BOARD. Betty Faye shall provide to the TIRZ
Board a detailed report showing the names, employment start date, employment end date (if any), hours
each employee worked, the number of FTEs such employee represents (maximum is 1.0 for each employee)
and any other identifying information that the TIRZ Board may reasonably request of all employees of
Betty Faye engaged in operations at its Business. Upon request from the TIRZ Board, Betty Faye shall
allow the TIRZ Board to examine any corporate records necessary to verify employment at its Business,
including but not limited to, IRS Form 941. Subject to any applicable law, regulation or order regarding
disclosure, TIRZ Board understands that when examining the corporate records of Betty Faye necessary to
verify employment at its Business, such information may be considered confidential and/or proprietary
information by Betty Faye, shall be for TIRZ Board's use only, shall not be considered in the possession of
the TIRZ Board and the TIRZ Board will maintain the same level of confidentiality of Betty Faye's records
as the TIRZ Board would apply to its own records. Any inspection shall be done with reasonable advance
notice to Betty Faye during normal working hours.
For purposes of this Agreement, full time employees (FTE) are defined as employees who work,
cumulatively, 1,820 hours or more in one year. Part-time employees for a year shall be treated as partial
FTEs for the year and shall be calculated by dividing the number of hours actually worked for each
employee working less than 1,820 hours by 1,820. Full-time but less than full period employees for a year
shall be treated as partial FTEs and calculated as above. For the purposes of this Agreement, "employees"
shall not include any owners of stock, limited partnership interests, general partnership interest, or other
equity of Ace Hardware, either directly or indirectly.
7. EMPLOYMENT OF UNDOCUMENTED WORKERS. During the term of this Agreement
Betty Faye agrees not to knowingly employ any undocumented workers and if convicted of a violation
under 8 U.S.C. Section 1324a (f), Betty Faye shall be in default of this Agreement.
8. DEFAULT. Should Betty Faye fail to fully and completely comply with all of the terms and
conditions of this Agreement beyond any applicable cure period, such failure shall constitute a default by
Betty Faye under the terms of this Agreement, and upon written notice of such default by the TIRZ Board
to Betty Faye, Betty Faye shall be and remain fully obligated and responsible for the repayment of all of
the Grant funds expended by the TIRZ Board under this Agreement at the time of such default, and with
such payment being due and payable in full by Betty Faye to the TIRZ Board within ten (10) days after
Betty Faye's receipt of written notice by the TIRZ Board to Betty Faye. Nothing contained herein shall
prevent the TIRZ Board or the City from pursuing and the TIRZ Board or the City may pursue any and all
remedies allowed by law or in equity for collection of the amount owing by Betty Faye to the TIRZ Board.
9. CHANGE OF ENTITY. In the event of a merger, consolidation, acquisition or sale of all or a
majority interest in Betty Faye with, by or to a third party or entity during the term of this Agreement, Betty
Faye shall notify the TIRZ Board in writing promptly upon such occurrence, and the TIRZ Board shall
thereupon have the option of either affirming or terminating this Agreement. Should the TIRZ Board
determine to affirm this Agreement, the new entity shall assume and be fully obligated and responsible for
all rights, duties and obligations of Betty Faye under this Agreement and the new entity and all principals
of the new entity shall fully comply with all terms and conditions of this Agreement. Should the TIRZ
Board determine to terminate this Agreement, then upon written notice from the TIRZ Board to Betty Faye
of termination of this Agreement, Betty Faye shall be and remain fully obligated and responsible for all
responsibilities under the terms of this Agreement.
10. INDEMNIFICATION. Betty Faye does hereby indemnify, hold harmless, release and defend
the City of Plainview, Texas, the TIRZ Board and their officers, servants, employees, successors,
assigns, contractors and agents of and from any and all claims, environmental claims, demands,
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar Page 4 of 10
expenses, costs, liabilities, third party claims, attorney's fees and causes of action of any kind
whatsoever arising out of any action taken relating to this Agreement.
11. IMMUNITY PRESERVED. Nothing in this Agreement may be construed as waiving any
governmental immunity or other defense available to the City and TIRZ Board under state or federal law.
This Agreement is solely for the benefit of Betty Faye, the City and the TIRZ Board, and is not intended to
create or grant any rights, contractual or otherwise, in or to any other person.
12. REPRESENTATIONS AND CONDITIONS
(a) Betty Faye agrees to execute all documents reasonably requested by the TIRZ Board to
memorialize and bring into effect the terms of this Agreement and agrees to provide to the
TIRZ Board all documents, reports, receipts, or other materials, whether written or
electronic, that the TIRZ Board may reasonably require from time to time regarding Betty
Faye's operations.
(b) That any use of City's or the Zone's name for publicity in connection with Betty Faye's
business or activities must be approved in advance by the TIRZ Board. It is understood
and agreed that the City and/or the TIRZ Board may make known its economic assistance
to Betty Faye with the prior written consent of Betty Faye. Notwithstanding anything
herein to the contrary, by executing this Agreement, Betty Faye authorizes the TIRZ Board
to outline and discuss the TIRZ Board's economic assistance to the City Council of the
City of Plainview at any open meeting held by such body.
(c) That the operations and business activities of Betty Faye shall be performed and conducted
in a professional and business -like manner and in strict compliance with all federal, state
and local laws, rules, regulations, and ordinances of any governmental entities governing
and having jurisdiction over the operations of the Business of Betty Faye, specifically
including, but not limited to, keeping and maintaining the Business property free and clear
of all nuisances. Failure by Betty Faye to fully correct any violation of the aforementioned
laws or regulations within thirty days of notice of such violation or within the time frame
required of such governmental entity providing such notice, whichever is greater, shall
constitute a default under the terms of this Agreement.
(d) Betty Faye Beauty Bar is a commercial business in good standing, and validly existing
under the laws of the state of Texas. The person signing below has full power and approval
to sign for Betty Faye Beauty Bar.
13. ASSIGNMENT. This Agreement shall not be assignable, either in whole or in part, by Betty Faye
without the express written consent of the TIRZ Board and the City.
14. NO PRIVITY OF ENDEAVOR NOR JOINT VENTURE. It is specifically agreed that there
shall be no privity of endeavor or joint venture whatsoever between the City or the TIRZ Board and Betty
Faye, and that the sole connection between the parties is the economic assistance by the TIRZ Board to
Betty Faye under the restricted conditions set forth herein, and that such economic assistance as stated
herein is for the sole purposes as set forth herein and it shall in no way be construed as a continuing basis
of economic assistance by the TIRZ Board to Betty Faye.
15. GOOD FAITH -NORMAL BUSINESS OPERATIONS. The parties agree that this Agreement
has been entered into in good faith and that each party shall act in good faith in complying with its
provisions. The parties further agree to transact all their business under and that relates to this Agreement
in accordance with their normal business operations.
16. FORCE MAJEURE. Notwithstanding anything in this Agreement to the contrary, if the
performance of any covenant or obligation to be performed hereunder by either party (specifically
excluding any monetary obligations) is delayed as a result of circumstances which are beyond the
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar Page 5 of 10
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reasonable control of such party (which circumstances may include, without limitation, delays in obtaining
any permits from any governmental entity or agency, pending or threatened litigation, acts of God, war,
acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions (such as,
by way of illustration and not limitation, severe rain storms or below freezing temperatures, hurricane or
tornadoes) labor action, strikes or similar acts, the time for such performance shall be extended by the
amount of time of such delay. The party claiming delay of performance as a result of any of the foregoing
"force majeure" events shall deliver written notice of the commencement of any such delay resulting from
such force majeure event not later than seven (7) days after the claiming party becomes aware of the same.
17. NO WAIVER. No waiver by the TIRZ Board of any default by Betty Faye of any covenant, term
or condition of this Agreement shall be deemed a waiver of any subsequent default by Betty Faye of the
same or any other covenant, term or condition of this Agreement.
18. NOTICE. Any notice required by this Agreement shall be deemed to be properly served, if (i)
provided in person, by e-mail with delivery confirmation or by telephonic facsimile; or (ii) deposited in the
United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's
address shown below, subject to the right of either party to designate a different address by notice given in
the manner just described. For the purposes of any notices to be given pursuant to the terms of this
Agreement, the parties shall use the following addresses or any other address as may be changed by the
parties upon written notice to the other party, to -wit:
Tax Increment Reinvestment Zone #1 Betty Faye Beauty Bar
Attn: Melinda Brown Attn: Hagen or Rebeckah Hunt
202 W. 5t' St. 715 Broadway St..
Plainview, Texas 79072 Plainview, Texas 79072
Telephone: 806-296-1119 Telephone: — c5��
E-mail: mbrown(a plainviewtx.org E-mail: torn
19. ENTIRE AGREEMENT. This instrument constitutes the sole and only Agreement between the
parties hereto and supersedes any prior understandings or written or oral agreements between the parties
respecting the within subject matter, and this Agreement cannot be altered, changed, or amended in any
respect, except by an instrument in writing duly executed by both parties.
20. GOVERNING LAW AND PERFORMANCE. This Agreement shall be governed by the Laws
of the State of Texas and shall be deemed to be executed in and performance called for in Hale County,
Texas. The parties agree that any suit or cause of action brought regarding or related to this Agreement
shall be brought in Hale County, Texas.
21. PARTIAL INVALIDITY. In the event that any portion of this Agreement should be found or
declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, that
invalidity, illegality or uneforceability shall not affect any other provision of this Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and be binding upon the parties.
22. CURRENT REVENUES / NON -APPROPRIATION. Betty Faye recognizes that any payments
made for performance under this Agreement shall be and are subject to the current revenues available to
the City of Plainview. The TIRZ Board may terminate this Agreement, without incurring liability, if funds
sufficient to pay obligations hereunder are not appropriated by the governing body of the City of Plainview,
Texas. In the event the TIRZ Board terminates this Agreement due to non -appropriation the TIRZ Board
shall provide Betty Faye thirty (30) days written notice of its intent to terminate this Agreement.
23. BINDING EFFECT. This Agreement shall be binding upon the parties hereto and their
representatives, successors and assigns, subject to the express terms of this Agreement concerning
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar Page 6 of 10
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assignment.
EXECUTED on the respective dates of acknowledgement, to be effective as of the date first set
forth above.
ATTEST:
4 /-zl�c
Belinda Hinojos Ci Secretary
APPROVED AS TO FORM
Ma ade, City Attorney
BOARD OF DIRECTORS
TAX INCREMENT REINVESTMENT ZONE
HISTORIC DOWNTOWN PLAINVIEW
(Remainder of page left intentionally blank.)
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar
Page 7 of 10
# 1,
1
1
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1
BETTY FAY BEAUTY BAR
-- "L
HaWA Huht
STATE OF TEXAS
COUNTY OF HALE
This instrWm ent was ac owledged before me on the day of 2022 by Hagen
Hunt, the U W of Betty Faye Beauty Bar, indiv dually and on behalf of
said business and acknowledged to me that they executed the same in the capaci tes stated, for the purposes
and consideration therein expressed.
U-
GIVEN UNDER MY HAND AND SEAL ofthis2G� day of hoj2022.
SPRY Pie BELINDAVALLEJO HINOJOSA
o NOTARY PUBLIC
z STATE OF TEXAS
,t
y ID # 644426-1
�l�rE OF �F+P My Comm. Expires 04-28-2025
STATE OF TEXAS
COUNTY OF HALE
12A
—X01"'
Notary Public, Statka4exas
This instrument was acknowl ged before me on the��day of , 2022 by
Rebeckah Hunt, the 0 Wh of Betty Faye Beauty Bar, i ividually and on
behalf of said business and acknowledged to me that they executed the same in the capacities stated, for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of this
�Pav P a BELINDA VALLEJO HINOJOSA
NOTARY PUBLIC
m * STATE OF TEXAS
rgTE 0 ZE+Py My COMM. Expires 04-28-2025
2022.
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar Page 8 of 10
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Attachment A
The Application
(Remainder ofpage left intentionally blank.)
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar
Page 9 of 10
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1
1
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Name: Rebeckah Hunt
Building Address:
715 Broadway
Plainview, Texas
79072
Name/Title: Rebeckah Hunt, Owner
Applicant Address:
450 FM 400
Plainview, Texas
79072
Cell Phone: (806)685-5105
Email: beckah.huntOyahoo.com
FINANCIAL INFORMATION:
We are requesting the TIRZ grant in the amount of $10,000 for our facade, and $50,000
for renovations on the inside of our building. The current property value is $108,640, and was
purchased for $135,000. We are expecting to put $217,376 into the project between new
facade, new doors and windows, electrical, new HVAC, patch work, paint and new flooring,
based on quotes given. We are using personal and business funds to finance this project thus
far. We bought this building in June of 2021, starting renovations immediately, and are hoping
for the project to be completed October 1 of 2021.
There are no delinquent taxes on this property. Vista Bank holds the lien on the
property. The building does not currently have and tax exemptions or abatements.
PROJECT WORK TYPE:
This property is in need of a full renovation and facade improvement.
HISTORICAL DESIGNATION:
We have not applied for National Register of Historic Places designation, Texas Historic
Landmark designation, or any other Historic designation at this time.
This property is located in the Downtown Commercial Historic District and an
application for a Certificate of Appropriateness has been completed.
PROJECT INFORMATION:
The original construction of this property was in 1925.
When we bought this property, it was owned by a retailer that was running a thrift store,
but had closed the doors to the public in 2019.Once we finish our renovation, we will be
offering a retail front that will include cosmetic counters, skincare, luxurious bath and body
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items, along with gift options for all ages. Inside our retail location, our clientele will have the
opportunity to experience top of the line facial services, using modern technology, in our
therapeutic treatment rooms. In the back half of our building, Glamma's Kitchen will be serving
her signature boxed lunches, along with her tea bar, and charcuterie catering certain days of
the week.
The opening of Betty Faye will bring a vast impact to downtown Plainview by catering
to both locals and out of town customers. The unique experience that will be created in this
atmosphere will be positive and enticing, promoting return clientele. Betty Faye aims to
promote economic growth by offering a wide range of beauty services and products,
producing a demand for employees with various certifications and licenses. In Betty Faye
alone, five job opportunities will be created in our Downtown at the opening of this business,
with room for growth. While visiting Betty Faye, consumers will be able to indulge in refreshing
food and drink items provided by Glamma's Kitchen in the back half of our space as they shop
or receive a booked service. This will be a unique experience of two different businesses inside
this one beautiful building.
Restoring as much as possible to its original state in this building has been a challenge,
but so rewarding. The main item we got to restore was the original tile ceilings. We had to
remove the drop ceiling that was installed in the 1960's to expose the original sixteen foot
ceilings. Alongside doing that, we have been trying to remodel the building to make it look as
original and historic as possible. The value of this building has significantly increased due to all
of the renovations.
This project began in June of 2021. The project has required the removal of the drop
ceiling and lighting to restore the original ceiling and new lighting. Fresh patch work and paint
jobs are required to bring the walls and trim back to life. New floating floor has been installed
across all 7,000 square feet of the main floor to give the look of hardwood flooring. All new
electrical and light fixtures will also be added to this newly remodeled building. See attached
Gonzales Painting and Remodeling quote for added details of this project. The interior remodel
was quoted at $100,782.36. The exterior facade improvements were quoted at $16,500.
For new flooring to be installed, and all patchwork to be done prior, Casey Carpet One
charged $44,164.81.
Our signage for our exterior brick wall has been quoted at $6,496.31 from Skyrite
Designs.
To replace the three sets of double doors on the front, back, and in between business
areas in the building, and to replace two broken windows, Plains Plate Glass & Mirror has
quoted $15,923.57 for the products and for the labor and taxes.
To replace old electrical, and to wire new electrical and lighting, along with the prices of
the new light fixtures, S&S Electric has quoted $34,000.
To replace old duct work that was not functioning, Caprock Plumbing, Heating & Air has
charged $18,400.
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L
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The Hunt's are still working to finish the project, such as the back of house area and
downstairs. The numbers shown are the product of what has been finished to date.
ADDENDUM ITEMS:
FACADE BEFORE RENOVATION
INTERIOR BEFORE RENOVATION
FACADE AFTER RENOVATION
INTERIOR AFTER RENOVATION
INTERIOR BEFORE RENOVATION
INTERIOR AFTER RENOVATION
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Addendum Items
Please include the following with your application:
1. Estimated Project Costs (include quotes if available)
2. Drawings of Proposed Project
3. Physical/Digital copies of existing facade
4. Proof of Ownership (if applicable). If leasing, please provide agreement or contact information for verification.
S. Construction Plans and Permits (if you have applied for any Building Permits)
6. Certificate of Insurance (Accord)— Coverage must be maintained during the term of the Agreement which is
described in the Development Agreement citing 380 grant funding. Not required for initial application.
7. Proof and status of the following for the building (if applicable): National Register of Historic Places designation,
Texas Historic Landmark designation or other historic designation.
OPEN RECORDS LAWS - This applicant is subject to the Texas Open Records Act. The City will protect the
confidentiality of the information contained herein to the extent permitted by law.
CERTIFICATION I hereby certify that I am authorized to sign the application and the information contained in the
application is true and correct to the best of my knowledge. I also understand and certify that I have read the
policy guidelines for each policy in which I am applying for and am familiar with the provisions contained therein.
hereby warrant that all construction will be accordance with the City of Plainview Building Codes; work will not
commence on items eligible for reimbursement until this application has been submitted to and an agreement
approved by the Main Street Board. To the best of my knowledge, no member of the Board or employee of the
or City of Plaipview would have any financial interest, direct or indirect, in any assistance provided for this
ature of Applicant
Signature of City Official
Submission
All TIRZ applications should be submitted to the Main Street Manager at 717 Broadway (Fair Theater) between 9:00
a.m. — 5:00 p.m. Applications can also be mailed to Main Street Manager, 901 Broadway, Plainview, TX 79072.
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TIRZ Amount Requested
Current Property Value
Proposed Investment
Other Funds Financing This Project
Interior Remodel Costs
Gonzales Painting & Remodeling
Gonzales Painting & Remodeling
Gonzales Painting & Remodeling
Casey Carpet One Floor & Home
Casey Carpet One Floor & Home
S&S Electric
Caprock Plumbing Heating & Air
Exterior Remodel Costs
Gonzales Painting & Remodeling
SkyRite
Materials Cost for Interior & Exterior as of 12/31/21
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Interior: $50,000
$108,640
$217,376
Personal & Business Funds
Front Area Labor- $45,628.56
Back Area Labor- $28,542.80
Downstairs Labor- $26,611
Front Area Flooring- $23,129.99
Back Area Flooring- $19,020.82
Interior Electrical- $42,864.86
Interior Duct Work, Air & Plumbing Services- $18,319.32
Exterior Front of Buliding Labor- $16,500
Exterior Signage- $6,496.31
Sutherlands- $4,642.81
McCoy's- $607.19
Sherwin Williams- $3,355.21
Exterior. $10,000
Attachment B
Certification of Payment Form
The Certification for Payment Form is a form document included as an exhibit to this Agreement. The TIRZ Board
reserves the right to modify the Certification for Payment Form.
The undersigned is an agent for Betty Faye Beauty Bar (the "Applicant) and requests payment from the TIRZ Fund
from the City of Plainview, Texas (the "OV) in the amount of $ for labor, materials, fees, and/or
other general costs related to the construction and renovation of certain improvements
In connection to the above referenced payment, the Applicant represents and warrants to the TIRZ Board as follows:
I.
The undersigned is a duly authorized officer of the Applicant, is qualified to execute this payment request
form on behalf of the Applicant, and is knowledgeable as to the matters set forth herein.
2.
The payment requested for the below referenced improvement(s) has not been the subject of any prior
payment request submitted for the same work to the City or, if previously requested, no disbursement was
made with respect thereto.
3.
The amount listed for the improvement(s) below is a true and accurate representation of the actual costs
associated with the construction and or renovation of said improvement(s); and such costs are in compliance
with this Agreement.
4.
The Applicant is in compliance with the terms and provisions of the Agreement, and has satisfied the
necessary conditions for the Grant Payment.
5.
The work with respect to the improvement(s) referenced below has been completed and the City may begin
inspection of the Improvement(s).
6.
The Applicant agrees to cooperate with the City in conducting its review of the requested payment, and agrees
to provide additional information and documentation as is reasonably necessary for the City to complete said
review.
Payments requested are as follows:
a.
X amount to Person or Account Y for Z goods or services.
b.
Etc.
The actual costs for the Authorized
Improvement(s) shall be paid as follows:
Authorized Improvement:
Amount to be paid from
the Project Fund
Total Cost of Authorized
Improvement
Attached hereto, are receipts, purchase orders, Change Orders, and similar instruments which support and validate the
above requested payments.
Pursuant to the Agreement, after receiving this payment request, the City is authorized to inspect the improvements
and confirm that said work has been completed in accordance with all applicable governmental laws, rules, and Plans.
I hereby declare that the above representations and warranties are true and correct.
Betty Faye Beauty Bar,
TIRZ 380 Economic Development Agreement — Betty Faye Beauty Bar
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