HomeMy WebLinkAboutR22-56239 RESOLUTION NO. R22-562 A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF DIRECTORS OF THE TAX INCREMENT REINVESTMENT ZONE #1 HISTORIC DOWNTOWN PLAINVIEW AND ROBERT LANDEROS FOR THE PROPERTY LOCATED AT 622 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, Robert Landeros owns a building in downtown Plainview commonly known as the 1912 Building that is a commercial establishment and is used as a special event venue; and WHEREAS, Robert Landeros is the upgrading, enhancing and/or repairing the exterior fagade of their building and performing certain interior renovations and remodeling located at 622 Broadway St., Plainview, Texas; and WHEREAS, Robert Landeros 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 Resolution R22-562 Page 1 of 2 Reinvestment Zone # 1, Historic Downtown Plainview Downtown Fagade Improvement 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 Robert Landeros; 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 Robert Landeros 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 Susan Blackerby, Mayor Pro Tem ATTEST: Belinda Hinojosa, City ec etary Resolution R22-562 Page 2 of 2 41 TAX INVESTMENT REINVESTMENT ZONE # 1, HISTORIC DOWNTOWN PLAINVIEW 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT ROBERT LANDEROS This Chapter 380 Economic Development Program and Agreement ("Agreement") is made and entered into this entered into this the day of 2022 (the "Effective Date") between City of Plainview, Texas, a Texas 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 Robert Landeros ("Landeros"), 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, Robert Landeros is a local businessman who owns a building commonly known as the 111912 Building" that has significant historic value to the City of Plainview and operates as a special event venue (the `Business") located in the Zone with an address of 622 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 Landeros has completed a Fagade/Public Improvement Application requesting funds to facilitate upgrading, enhancing and/or repairing the fagade of their building 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 Landeros 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 Landeros 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 Landeros 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, Landeros 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 finds that this Agreement promotes TIRZ 380 Economic Development Agreement — Robert Landeros Page 1 of 10 42 economic development in the City, is consistent with the Downtown Fagade Improvement Grants program 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 Landeros, 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 Landeros. Landeros expressly acknowledges that the grants provided by the TIRZ Board shall be funded to Landeros within thirty (30) days following confirmation by the TIRZ Board or their designated representative of Landeros' compliance with the following: (a) Landeros is in compliance with the terms of this Agreement, including, but not limited to Section 4 outlined below; and (b) Landeros 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 Landeros upon the following terms and conditions being met: (a) Landeros 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) Landeros 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) Landeros 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 Landeros 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 — Robert Landeros Page 2 of 10 1 43 reasonable notice to Landeros, related to the Project or the associated improvements necessary to confirm Landeros' compliance with the terms of this Agreement; (h) Landeros has provided the TIRZ Board with an employment report as required under Section 6 of this Agreement; (i) Landeros is not in breach of this Agreement as evidenced in writing from the TW Board alleging that Landeros is in breach and specifying the details of the alleged breach; (j) Landeros provides the TIRZ Board at Landeros' 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) Landeros 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 Landeros, or of all or any substantial part of the Business; (iv) the adjudication of Landeros as bankrupt; or (v) the filing by Landeros 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 Landeros during the term of this Agreement and in exchange for the grants outlined herein, Landeros agrees to the following: (a) Landeros 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) Landeros 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 Landeros, or of all or any substantial part of the Business; (iv) the adjudication of Landeros as bankrupt; or (v) the filing by Landeros 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 Landeros, permitting the TIRZ Board shall have an opportunity to review and verify the supporting documentation at Landeros' corporate office or other agreeable location. For purposes of complying with this obligation, the TIRZ Board and Landeros understand that the supporting documentation shall be treated as confidential, proprietary and sensitive material of Landeros and shall remain in the possession of Landeros; (c) Landeros shall maintain the Business and the Property in good condition and shall comply with all applicable city and state codes, regulations and ordinances; and (d) Landeros shall keep the business property free of any public nuisance and in full TIRZ 380 Economic Development Agreement — Robert Landeros Page 3 of 10 compliance with all applicable city codes. 6. EMPLOYMENT REPORTING TO TIRZ BOARD. Landeros 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 Landeros engaged in operations at its Business. Upon request from the TIRZ Board, Landeros 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 Landeros necessary to verify employment at its Business, such information may be considered confidential and/or proprietary information by Landeros, 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 Landeros' records as the TIRZ Board would apply to its own records. Any inspection shall be done with reasonable advance notice to Landeros 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 Landeros agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), Landeros shall be in default of this Agreement. 8. DEFAULT. Should Landeros 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 Landeros under the terms of this Agreement, and upon written notice of such default by the TIRZ Board to Landeros, Landeros 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 Landeros to the TIRZ Board within ten (10) days after Landeros' receipt of written notice by the TIRZ Board to Landeros. 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 Landeros 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 Landeros with, by or to a third party or entity during the term of this Agreement, Landeros 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 Landeros 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 Landeros of termination of this Agreement, Landeros shall be and remain fully obligated and responsible for all responsibilities under the terms of this Agreement. 10. INDEMNIFICATION. Landeros 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, expenses, costs, liabilities, third party claims, attorney's fees and causes of action of any kind TIRZ 380 Economic Development Agreement — Robert Landeros Page 4 of 10 45 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 Landeros, 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) Landeros 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 Landeros' operations. (b) That any use of City's or the Zone's name for publicity in connection with Landeros' 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 Landeros with the prior written consent of Landeros. Notwithstanding anything herein to the contrary, by executing this Agreement, Landeros 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 Landeros 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 Landeros, specifically including, but not limited to, keeping and maintaining the Business property free and clear of all nuisances. Failure by Landeros 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) Robert Landeros 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 Robert Landeros. 13. ASSIGNMENT. This Agreement shall not be assignable, either in whole or in part, by Landeros 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 Landeros, and that the sole connection between the parties is the economic assistance by the TIRZ Board to Landeros 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 Landeros. 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 reasonable control of such party (which circumstances may include, without limitation, delays in obtaining TIRZ 380 Economic Development Agreement — Robert Landeros Page 5 of 10 IN 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 Landeros of any covenant, term or condition of this Agreement shall be deemed a waiver of any subsequent default by Landeros 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 terns of this Agreement, the parties shall use the following addresses or any other address 8 may be changed by the parties upon written notice to the other party, to -wit: Tax Increment Reinvestment Zone #1 Attn: Melinda Brown Robert Landeros 202 W. 50' St. 622 Broadway St.. Plainview, Texas 79072 Plainview, Texas 79072 Telephone: 806-296-1119 Telephone: 4703 yci entol E-mail: mbrown(i�plainviewtx.org E-mail: /'o t (q ,-. S ivr' - / bc3•Ca:^" 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. Landeros 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 Landeros 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 . assignment. TIRZ 380 Economic Development Agreement — Robert Landeros Page 6 of 10 47 1 EXECUTED on the respective dates of acknowledgement, to be effective as of the date fast set forth above. ATTEST: &y., 14,< - Belinda Hinojosa, Cite etary APPROVED AS TO FORM Matt 6yaae, City Attorney BOARD OF DIRECTORS TAX INCREMENT REINVESTMENT ZONE # 1, HISTORIC DOWNTOWN PLAINVIEW a (Remainder of page left intentionally blank.) TTRZ 380 Economic Development Agreement — Robert L.anderos Page 7 of 10 W/ • • ROBERT LANDEROS STATE OF TEXAS COUNTY OF HALE This instrument was acknowledged before me on the Oday of Ail '2022 by Robert Landeros, the owner of the 1912 Building and acknowledged to me that they qiecuted the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of this X� day of /' 2022. p 6 BELINDA VALLEJO HINOJOSA a NOTARY PUBLIC z * STATE OF TEXAS * ID # 644426-1 �l9Tf OF 1F'+� My Comm. Expires 04-28-2025 T1RZ 380 Economic Development Agreement — Robert Landeros Notary Public, State of T x Page 8 of 10 1 1 1 1 The Application (Remainder of page left intentionally blank) TIRZ 380 Economic Development Agreement — Robert Landeros Page 9 of 10 50 w, � a 622 BROADWAY PLAINVIEW TEXAS THE 1912 BUILDIN 191 1 F, 51 E 1 DOWNTOWN TIRZ GRANT APPLICATION 0 Tax Increment Reinvestment Zone Number One, Historic District, City of Plainview, Texas PLA.INVIEWTX explorr the opporfunitfes Applicant Name: '90R0CrA- % VIn d *r0 5 Building Address: V22 Y v'WddWao WOOV1tJV^1 TX I cl 0 -7 7- Applicant Name/Title cy't Applicant Address 03 'Pt0 dcloot S*- p1011nvievj Ix "fqo I2 Day Phone 90 Evening/Cell Phone 111 - 20 l • 4 glP Email roaGr t lo%ndero S 0 VOAIar - 1 ►sfii CS . Goan Name/Address of Owner (If Applicant is Lessee) Amount requested for TIRZ grant 60, 000. 8 10 - ow, Current Property Value 2 1 S 4 Proposed Investment ov Other Funds Used to Finance Project Any delinquent taxe (City, County, School District, Sales, Etc.) owed by the applicant or owner? ❑ Yes [71 No Are there any liens gn the property? ❑ Yes [. No Does the building o land currently have any tax exemptions or abatements? ❑ Yes 1 ] No If yes, what type?, Granted by what agency? Duration of exemption and/or abatement: 52 ❑ New Structure (undeveloped) P• Renovation/Rehabilitation Project Work Type ❑ New Structure (demo of existing) LJ Facade Improvement Only Historical Designation H ve you applied for and/or received any of the following for the building? [w National Register of Historic Places designation Status: IRI ►5Wr'fC1 qB 2 ❑ Texas Historic Landmark Designation Status: ❑ Other Historic Designation, please list Status: Is the property located in the Downtown Commercial Historic District? M Yes ❑ No For F gade Improvements Only: Has an application for a Certificate of Appropriateness been completed? [ Yes ❑ No Project Information Please attach a separate page with the following info: • Date of Original Construction (if known): 1611'Z ('DAB 00Kn0Vy rl) • Description of Historical Significance of Building (MS program may assist with this question): 3 IKS l.oaoae, ,ind 04 lzw of+iU . • Current Use of Buildinglif any) PAnticipated Use after Construction: 10 • Impact on Downtown (economic, historical, building value, etc.): %ait cxmin- wwnsiQi fS • Thorough Project Description (include start/completion date, construction work details) ale 'lns„1r�P 1 53 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. 5. Construction Plans and Permits (if you have applied for any Building Permits) b. 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. I 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 Plainview would have any financial interest, direct or indirect, in any assistance provided for this project. v 2-q_22 Signature of A'p9lfcant Date: ign re of City49icial Date: 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. 1 54 A LOOK AT THE PAST Here is an old photo of the building. I 7 Elk's !-tome, Plainview, Tex. 622 NORTH BROADWAY THE ELK'S LODGE A LOOK AT THE PRESENT The building is currentlypoianted red. There are several broken windows and trimwork is breaking off. 1 P I "Stay inspired. Never step n 1 PLAN EXTERIOR A LITTLE FACELIFT The major construction to the building will be the front We plan to bring the right side of the building to forward, so that the building will be flush on both sides The bui6rxg will be panted white. Dover White by Sherman Williams is an example of Use color we wish to get All broken windows will be replaced. The trimming on the front of the building will try to be saved or recreated. If trim work must be different we will try to keep it looking traditional. All trim work will be painted black. There may be awnings put above the windows which will be black/white. The doors M be wood or similar to the doors in the rendering photo. BUSINESS PLANS THE 1912 BUILDING The building will be home to a few businesses, however we do not plan to put any signage out front The upstairs of the business will have on office upstairs which will house, valor Logistics, a freight brokerage. The bottom of the building intends to be a fashion boutique. Completely remodeled on the inside to look chic and girty but give a more city boutique vibe on the inside. Our goals are to offer contemporary clothing with various styles and sizes for our local community. The interior will be completely restored. We will try to repoi the ceilings in efort to save the original ceiling tiles. New light fixtures will be places where existing lighting is hung. Original flooring will be sanded and stained, damaged flooring MI be replaced. The sheetorck throughout the store will be replaced and painted. Some walls will have a fun wallpaper others we will try and expose some of the 55 APACT ON With the pion of opening new buisnesses in the building we hope to be able to employ local residents. Although this buidling has been home to various businesses it has been neglected and is in need of various repairs. We hope to restore this historical building in effort to preserve a memorable piece of Plainview history. Members of our community will I shop and check out a traditional part of Plainview The building will be home to a few businesses, however we do not plan to put any signage out front The upstairs of the business will have an office upstairs which will house, Valor Logistics, a freight brokerage. The bottom of the building intends to be a fashion boutique Completely remodeled on the inside to look chic and girty but give a more city boutique vibe on the inside. our goals are to offer contemporary clothing with various styles and sizes for our local 1 I 1 57 I ARCHITECTURE DESIGN 1 THE FUTURE THE 1912 BUILDING -s 1 MM�� RZL Logistics LLC 1 MVLOR 0 11,4401 1110""41% %111111 Remodel Expenses Interior Up Stairs RZL offices (completed) $75,000.00 Kitchen Remodel (partially completed) $27,000.00 Down Stairs Remodel $100,000.00 HVAC Downstairs $12,000.00 Exterior Roof (completed) $21,000.00 Facade Remodel $23,000.00 Replacement Windows Front $25,000.00 Replacement Windows Back $10,000.00 Mural for Back of Building $2500.00 59 1 RZL Logistics LLC AALOR Irs 411,114 41"MON %111I7 F Business Summary for 1912 Building We decided to purchase 622 Broadway(1912 Building) to bring life to downtown we purchased in March 2021 and have paid off building in December 2022. This was the perfect place for our logistics business. We stated our Logistics Brokerage Firm in 2020 we want to bring on 4 additional employees as our company has grown we will need the staff. 2021 Brokerage sales were $2,723,565.00 and are on target $4,000,000.00 for 2022. We are a debt free company and are ready to expand in July 2022 to include international logistics to our services. We are excited to be down town and as we complete remodel we will add 3 additional businesses to the 1912 Building. We will Bring Raw Juice bar which will be a healthy addition to Down Town and will bring on 3-5 employees and give Plainview healthy food options with Meal Prep Services. Vivacious Boutique will be a great addition Downtown we will have a clothing, jewelry and decor boutique and will bring more local shopping options to keep sales in Plainview. We will bring in 6 employees and lots of fun to Down town. JLand Sneaker and Skate shop will bring a city flare to Down Town and will have clothing options for men and teens. We will employee 3 and bring a New vibe to Plainview expanding shopping options for our community. We are excited to complete renovations and bring more to our great town of Plainview we will not disappoint and look forward to serving our community. We will be bringing 4 businesses to Down Town and can not wait to be a part of Down Town District. rAfty JOIN RZL Logistics LLC 1 1 1ALOR 0 11,%111 14 t'owmft\ i iwrt F 622 Broadway (1912 Building) 622 Broadway (1912 Building) was Registered to National Historic Registry in 1985 as a historic commercial building for Down Town Plainview and we look forward to keeping as much original as possible to restore as much as we can to preserve building to its glory days. Two-story building built in 1912 as Elk's Lodge. Center of social activity for area for many years. Elk's Lodge upstairs, commercial space on first floor. Extensive crenelation, stepped parapet, date in center. Four brick pilasters. Extensive additions to facade include board - and -batten siding, cedar shake -covered awnings, bars on upper -floor windows, and hangman's noose. All additions are superficial and could easily be removed. We plan to restore facade to original 1912 plans and restore all floors and ceiling tiles that are original to building. We will restore all brick and front details with new windows and doors update paint and replace all wood on exterior of building. On interior will we restore all we can and update all restrooms and paint to bring life back to this beautiful building. We are wanting to complete all renovations by November 2022. The grant will help us move forward faster to bring more jobs to Plainview. 0 = to I � a I I I 11 62 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 a duly authorized agent of Robert Landeros (the "Applicant") and requests payment from the TIRZ Fund from the City of Plainview, Texas (the "C_yt ') 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. TIRZ 380 Economic Development Agreement — Robert Landeros Page 10 of 10 1