HomeMy WebLinkAboutR23-606RESOLUTION NO. R23-606
A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT
AGREEMENT BETWEEN THE BOARD OF DIRECTORS OF THE TAX
INCREMENT REINVESTMENT ZONE #1 HISTORIC DOWNTOWN
PLAINVIEW AND HIGGINBOTHAM INSURANCE FOR THE PROPERTY
LOCATED AT 716 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, Higginbotham Insurance owns a building in downtown Plainview
commonly known as Higginbotham Insurance that is a commercial establishment and is
used to provide insurance services; and
WHEREAS, Higginbotham Insurance is upgrading, enhancing and/or performing
repairs to the faqade of their building located at 716 Broadway St., Plainview, Texas; and
WHEREAS, Higginbotham Insurance has completed a Faqade/Public
Improvement Application requesting funds to facilitate upgrading, enhancing and/or
repairing the faqade of their building; 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 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
Grants program as a part of Ordinance 18-3685, meets the requirements under Article III,
342
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 Higginbotham Insurance; 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 Higginbotham Insurance set forth in Exhibit A
for a $10,000.00 grant for exterior 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.
a1+&-
Approved by the City Council this 3-R11 day of June, 2023.
ATTEST:
Zi-- --
Belinda Hinojosa, City Secrets
CITY OF PLAINVJEW, TEXAS
Ch`grles Starnes,
1
343
TAX INVESTMENT REINVESTMENT ZONE # 1, HISTORIC DOWNTOWN PLAINVIEW
380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT
HIGGINBOTHAM INSURANCE
This Chapter 380 Economic D velopment Program and Agreement ("Agreement") is made and
entered into this entered into this theday of S O&M , 2023 (the
"Effective Date") between City of Plainview, Texas, a Texashome-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 Lena Faye Hill, Mark R. Warren and Dennis Dipprey,
owners and operators of Higginbotham Insurance (individually or collectively referred to as the "Owner"),
collectively the City and Higginbotham Insurance 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, Lena Faye Hill, Mark R. Warren and Dennis Dipprey, own a building in downtown
Plainview commonly known as Higginbotham Insurance that is a commercial establishment and is used to
provide insurance services (the "Business") located in the Zone with an address of 716 Broadway St,
Plainview TX 79072 (the structure and location where the Business will be operating may be referred to as
the "Property"); and
WHEREAS, Owner have completed a Fagade/Public Improvement Application requesting funds
to facilitate upgrading, enhancing and/or repairing the fagade of their building 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 work being
planned by Owner 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 Owner performing the exterior fagade improvements 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 improvements to 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, Owner have agreed to comply with certain conditions
for receiving those benefits, including performance conditions relating to business investment and job
retention and business operations;
TIRZ 380 Economic Development Agreement — Owner Page 1 of 11
344
WHEREAS, the TIRZ Board has concluded and hereby finds that this Agreement promotes
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 Owner, 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 GRANUFACADE 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 improvements for eligible
reimbursement expenses incurred by Owner which include, without limitation, expenses incurred in
creating a mural on the exterior of the Property. Owner expressly acknowledges that the grants provided
by the TIRZ Board shall be funded to Owner within thirty (30) days following confirmation by the TIRZ
Board or their designated representative of Owner's compliance with the following:
(a) Owner is in compliance with the terms of this Agreement, including, but not limited to
Section 4 outlined below; and
(b) Owner 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 Owner upon the following terms and
conditions being met:
(a) Owner have met the eligibility requirements for the Program, as shown on Attachment A;
(b) Completion of the Project no later than Zy2y1 ;
(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) Owner 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) Owner 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 Owner from protesting, appealing and/or litigating in good faith any
taxes assessed against it or the Business);
TIRZ 380 Economic Development Agreement — Owner
Page 2 of 11
345
(g)
Providing to the City and the TIRZ Board access to any and all information, upon
reasonable notice to Owner, related to the Project or the associated improvements
necessary to confirm Owner compliance with the terms of this Agreement;
(h)
Owner have provided the TIRZ Board with an employment report as required under
Section 6 of this Agreement;
(i)
Owner is not in breach of this Agreement as evidenced in writing from the TIRZ Board
alleging that Owner are in breach and specifying the details of the alleged breach;
(j)
Owner provides the TIRZ Board at Owner'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) Owner either have 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 Owner, or of all or any substantial part
of the Business;
(iv) the adjudication of Owner as bankrupt; or
(v) the filing by Owner 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 Owner during the
term of this Agreement and in exchange for the grants outlined herein, Owner agrees to the following:
(a)
Owner 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) Owner either has ceased to pay his debts in the ordinary course of business
or cannot pay his debts as they become due;
(ii) is insolvent within the meaning of the federal bankruptcy laws;
(iii) a receiver has been appointed over the business affairs of Owner, or of all
or any substantial part of the Business;
(iv) the adjudication of Owner as bankrupt; or
(v) the filing by Owner 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 Owner, permitting the
TIRZ Board shall have an opportunity to review and verify the supporting documentation
at Owner's place of business or other agreeable location. For purposes of complying with
this obligation, the TIRZ Board and Owner understand that the supporting documentation
shall be treated as confidential, proprietary and sensitive material of Owner and shall
remain in the possession of Owner;
(c)
Owner 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 — Owner Page 3 of 11
346
(d) Owner shall keep the Property free of any public nuisance and in full compliance with all
applicable city codes.
6. EMPLOYMENT REPORTING TO TIRZ BOARD. Owner 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 Owner
engaged in operations at its Business. Upon request from the TIRZ Board, Owner 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 Owner necessary to verify employment at
its Business, such information may be considered confidential and/or proprietary information by Owner,
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 Owner's records as the TIRZ Board would
apply to its own records. Any inspection shall be done with reasonable advance notice to Owner 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
Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8
U.S.C. Section 1324a (f), Owner shall be in default of this Agreement.
8. DEFAULT. Should Owner 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 Owner under
the terms of this Agreement, and upon written notice of such default by the TIRZ Board to Owner, Owner
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 Owner to the TIRZ Board within ten (10) days after Owner's receipt of written notice by
the TIRZ Board to Owner. 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 Owner to the TIRZ Board.
9. CHANGE OF ENTITY. In the event of a merger, consolidation, acquisition or sale of all or a
majority interest by Owner in the Business with, by or to a third party or entity during the term of this
Agreement, Owner 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 third party or entity shall assume and be fully obligated
and responsible for all rights, duties and obligations of Owner 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
Owner of termination of this Agreement, Owner shall be and remain fully obligated and responsible for all
responsibilities under the terms of this Agreement.
10. INDEMNIFICATION. Owner 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,
TIRZ 380 Economic Development Agreement — Owner Page 4 of l I
347
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 Owner, 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) Owner 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
Owner's operations.
(b) That any use of City's or the Zone's name for publicity in connection with Owner'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 Owner with the prior written consent of Owner. Notwithstanding anything herein to the
contrary, by executing this Agreement, Owner 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 Owner 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 Owner, specifically including,
but not limited to, keeping and maintaining the Business property free and clear of all
nuisances. Failure by Owner 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) Owner's business is in good standing and validly operates under the laws of the state of
Texas.
13. ASSIGNMENT. This Agreement shall not be assignable, either in whole or in part, by Owner
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 Owner,
and that the sole connection between the parties is the economic assistance by the TIRZ Board to Owner
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 Owner.
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 — Owner Page 5 of 11
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 Owner of any covenant, term or
condition of this Agreement shall be deemed a waiver of any subsequent default by Owner 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 Lena Faye Hill, Mark R. Warren or Dennis Dipprey
Attn: Melinda Brown 716 Broadway St.
202 W. 51s St. Plainview, Texas 79072
Plainview, Texas 79072 Telephone: o 2,q (o - Sal to
Telephone: 806-296-1119 E-mail: t`nV.iU t fe N cr 1nre.c�lr�oi�'I•cwr� . (�,e �'
E-mail: mbrown@plainviewtx.org
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. Owner 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 Owner 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 — Owner Page 6 of 11
349
1
EXECUTED on the respective dates of acknowledgement, to be effective as of the date first set
forth above.
BOARD OF DIRECTORS
TAX INCREMENT REINVESTMENT ZONE # 1,
HISTORIC DOWNTOWN PLAINVIEW
ATTEST:
�14) 14: 7 �/
- / Belinda Hinojosa, City Secr
APPROVED AS TO FORM
Matt7Lkade, City Attorney
By:,--)
Chairman
(Remainder of page left intentionally blank.)
TIRZ 380 Economic Development Agreement — Owner
Page 7 of 11
350
OWNER
Lena Faye Hill
Lena Faye Hill
•
STATE OF TEXAS
COUNTY OF HALE
This instrument was acknowledged before me on the -QL day of td� j 2023 by Lena
Faye Hill, individually and as an owner of Higginbotham Insurance, and acknowledged to me that she
executed the same in the capacities stated, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of this OZ -Q day of Tu l v 2023.
``�Y Non"
'i TRACY DEDEK
'�O��
=:; Lc Notary Public, State of Texas
=`�'• �� Comm. Expires 06-23-2024
ice' OFC
'afill Notary ID 310924-6
STATE OF TEXAS
COUNTY OF HALE
C�
Notary Publi tate of Texas
Mark R. Warren
Mark' . Warren
This instrument was acknowledged before me on the Ae day of JtJ.1 2023 by Mark
R. Warren, individually and as an owner of Higginbotham Insurance, and acknowledged to me that he
executed the same in the capacities stated, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of this c)-(e day of -JIL(si 2023.
"�P'`hill',ttV TRACY DEDEK
Notary Public, State of Texas h
Comm. Expires 06-23-2024
Not Publi State of Texas
Notary ID 310924-6
1
TIRZ 380 Economic Development Agreement — Owner
Page 8 of I I
351
1
1
1
STATE OF TEXAS
COUNTY OF HALE
This instrument was acknowledged before me on the c day of J , 2023 by
Dennis Dipprey, individually and as an owner of Higginbotham Insurance, and acknowledged to me that
he executed the same in the capacities stated, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND ANDSEAL of this oXe day of jutA 1 2023.
TRACY DEDEK
`i Lni Notary Public, State of Texas
c: Comm. Expires 06-23-2024
Notary ID 310924-6
Notarybli tate of Texas
TIRZ 380 Economic Development Agreement — Owner
Page 9 of 11
352
Attachment A
The Application
(Remainder of page left intentionally blank.)
1
TIRZ 380 Economic Development Agreement — Owner
Page 10 of 11
353
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 Owner (the "Applicant') and requests payment from the TIRZ Fund from the City of
Plainview, Texas (the "City") 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:
1.
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:
1
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.
Owner,
TIRZ 380 Economic Development Agreement — Owner Page 1 I of 11