HomeMy WebLinkAboutR25-663A RESOLUTION APPROVING THE ECONOMIC DEVELOPMENT
AGREEMENT BETWEEN THE TAX INCREMENT REINVESTMENT
ZONE # 1 HISTORIC DOWNTOWN PLAINVIEW ("TIRZ") AND ANA REY
FOR THE PROPERTY LOCATED AT 1031 BROADWAY, PLAINVIEW,
TEXAS 79072 ("APPLICANT.")
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, Ana Rey owns a building in downtown Plainview commonly known as
the old Union Bus Station that is a commercial establishment and is used as a special
event venue; and
WHEREAS, Ana Rey is upgrading, enhancing and/ or repairing the exterior facade
of their building and performing certain interior renovations and remodeling located at
1031 Broadway St., Plainview, Texas; and
WHEREAS, Ana Rey has completed a Facade/ Public Improvement Application
requesting funds to facilitate upgrading, enhancing and/ or repairing the exterior of their
building and performing certain interior upgrades and renovations; 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 $50,000 grant for interior renovations and remodeling
attached hereto as Exhibit A; and
Resolution R25-663 Page 1 of 2
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 economic development
program as a part of Ordinance 18-3685, meets the requirements under Article 111,
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 Ana Rey; 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 •
PLAINVIEW, TEXAS,
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 Ana Rey set forth in Exhibit A for a
$50,000.00 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 22nd day of May, 2025
Evan Weiss, Mayor Pro Tern
ATTEST:
Belinda Hinojosa, City kec ,0--tary
C
Resolution R25-663 Page 2 of 2
1 *4164 Me I 1 0411 MA
ME
TAX INVESTMENT REINVESTMENT ZONE# 1,
HISTORIC DOWNTOWN PLAINVIEW
380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT
ANA RE
This Chapter 380 Economic Development Program and Agreement ("Agreement") is made and entered
into this entered into this the A.UA day of 11 &,A 2025 (the "Effective Date") between City of
Plainview, Texas, a Texas home -rule municipal coiporation (herein "City"), by and through the Board of
Directors of Tax Increment Reinvestment Zone # ",istoric Downtown Plainview, (the "TIRZ Board") and
Ana Rey ("Rey) 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 downtown Plainview area as described in the project submittal
guidelines within Ordinance 18-3685; and
WHEREAS, Ana Rey is a local resident who owns a building commonly known as the "Union Bus
Station" 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 1031 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 Rey has completed a Facade/Public Improvement Application requesting funds
to facilitate upgrading, enhancing 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 businesses to
the downtown of the City of Plainview, and finds that the exterior and interior work being planned by Rey
meets the criteria set forth in Ordinance 18-3685 and will increase the community aesthetic and taxable
value of the 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 Rey 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 $50,000
grant for exterior and interior renovations and remodeling to Rey for the 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 111, Chapter 52-a of the Texas Constitution and Chapter 380 of the
Texas Local Government Code and other applicable law, Rey 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
a
economic development in the City, is consistent with the Economic Development 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 Rey, 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. The TIRZ Board, subject to the
contingencies and conditions contained in this Agreement, shall provide a financial grant up to a
$50,000.00 for the interior and exterior renovations and remodeling for eligible reimbursement
expenses incurred by Rey. Rey expressly acknowledges that the grants provided by the TIRZ
Board shall be funded to Rey within thirty (30) days following confirmation by the TIRZ Board or
their designated representative of Rey's compliance with the following:
a. Rey is in compliance with the terms of this Agreement, including, but not limited to Section 4
outlined below; and
b. Rey 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 Rey upon the following terms and conditions
being met:
a. Rey has met the eligibility requirements for the Program, as shown on Attachment A;
b. Completion of the Project no later than May 1, 2026.
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. Rey 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. Rey 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 Rey 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 reasonable
notice to Rey, related to the Project or the associated improvements necessary to confirm
Rey's compliance with the terms of this Agreement;
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h. Rey has provided the TIRZ Board with an employment report as required under Section 6 of
this Agreement;
Rey is not in breach of this Agreement as evidenced in writing from the TIRZ Board alleging
that Rey is in breach and specifying the details of the alleged breach;
Rey provides the TIRZ Board at Rey'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. Rey 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 Rey, or of all or any substantial part of the
Business;
iv. the adjudication of Rey as bankrupt; or
V. the filing by Rey 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 Rey during the term of this
Agreement and in exchange for the grants outlined herein, Rey agrees to the following:
a. Rey 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. Rey 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 Rey, or of all or any substantial part of the
Business;
iv. the adjudication of Rey as bankrupt; or
V. the filing by Rey 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 Rey, permitting the TIRZ
Board shall have an opportunity to review and verify the supporting documentation at Rey's
corporate office or other agreeable location. For purposes of complying with this obligation,
the TIRZ Board and Rey understand that the supporting documentation shall be treated
as confidential, proprietary and sensitive material of Rey and shall remain in the
possession of Rey;
C. Rey 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. Rey shall keep the business property free of any public nuisance and in full compliance with
all applicable city codes.
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6. EMPLOYMENT REPORTING TO TIRZ BOARD. Rey 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 Rey engaged in operations at its Business. Upon request from the TIRZ Board, Rey
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, TI RZ Board understands that when examining the corporate records
of Rey necessary to verify employment at its Business, such information may be considered
confidential and/or proprietary information by Rey, 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 Rey's records as the TIRZ Board would apply to its own records. Any inspection
shall be done with reasonable advance notice to Rey 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 1031 Events, either directly or indirectly.
7. EMPLOYMENT OF UNDOCUMENTED WORKERS. During the term of this Agreement Rey
agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8
U.S.C. Section 1324a (f), Rey shall be in default of this Agreement.
8. DEFAULT. Should Rey 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 Rey
under the terms of this Agreement, and upon written notice of such default by the TIRZ Board to
Rey, Rey 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 Rey to the TIRZ Board within ten (10) days after Rey's
receipt of written notice by the TIRZ Board to Rey. 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 Rey 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 Rey with, by or to a third party or entity during the term of this Agreement, Rey 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 Rey 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 Rey of termination of this Agreement, Rey shall be and remain fully obligated and
responsible for all responsibilities under the terms of this Agreement.
10.INDEMNIFICATION. Rey 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 whatsoever arising out of any action taken relating to this Agreement.
11.IMMUNITY PRESERVED. Nothing in this Agreement may be construed as waving any
governmental immunity or other defense available to the City and TIRZ Board understate or federal
73
law. This Agreement is solely for the benefit of Rey, 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. Rey 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 Rey's operations.
b. That any use of City's or the Zone's name for publicity in connection with Rey'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 Rey with the prior
written consent of Rey. Notwithstanding anything herein to the contrary, by executing this
Agreement, Rey 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 Rey 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 Rey, specifically including, but not limited
to, keeping and maintaining the Business property free and clear of all nuisances. Failure by
Rey 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. Ana Rey 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 Ana
Rey.
13. ASSIGNMENT. This Agreement shall not be assignable, either in whole or in part, by Rey 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 Rey,
and that the sole connection between the parties is the economic assistance by the TIRZ Board to
Rey 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 Rey.
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 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
74
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 Rey of any covenant, term or condition
of this Agreement shall be deemed a waiver of any subsequent default by Rey 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
Attn: Kristi Aday
Ana Rey
202 W. 5 1h St.
1031 Broadway Street
Plainview, Texas 79072
Plainview, Texas 79072
Telephone: 806-296-1110
Telephone:
E-mail: kaday(cDplainviewtx.org
E-mail:
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 unenforceability 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. Rey 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 Rey 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.
EXECUTED on the respective dates of acknowledgement, to be effective as of the date first set forth
BOARD OF DIRECTORS
TAX INCREMENT REINVESTMENT ZONE # 1,
HISTORIC DOWNTOWN PLAINVIEW
By: -1z4jL1)-(A10
Chairwom t I
ATTEST:
Belinda Hinojosa, Cit%/Sicretary
-
APPROVED AS TO FORM
Slater Elza, City Attorney
ANA REY
PL Y1&
STATE OF TEXAS §
COUNTY OF HALE §
This instrument was acknowledged before me on the 9&L day of , 2025 by Ana Rev.
the owner of 1031 Broadway and acknowledged to me that they executed the same for the
purposes and consideration therein expressed.
a�d� 1�'
GIVEN UNDER MY HAND AND SEAL of this day of 2025.
O�pRY P e< BELINOA VALLEJO HINOJOSA 1
* NOTARY PUBLIC {/t.
N* STATE OF TEXAS
9rFaf t�*Y� ID # 644426-1 Notary Public, Statb of exas
MY Comm. Expires 04-28.2025
i'�
77
The Application
(Remainder of page left intentionally blank.)
M
DOWNTOWN TIRZ GRANT APPLICATION
Tax Increment Reinvestment Zone Number One,
0 Historic District, City of Plainview, Texas
PLAINVIEW,TX
I N11101''I" lffi?WN'
Applicant NameA Yk& �Re- �6
Building Address: iy zlcooy\-Wo'�
Applicant Name/Title
Applicant Address
CA1D
Day Phone3-�'5
Evening/Cell Phone
Email
(ADA &5
Name/Address of Owner
(If Applicant is Lessee)
Financial Information
Amount requested for TIRZ grant
01 1
Current Property Value
lot) C)
Proposed Investment
ot
Other Funds Used to Finance Project
01� cV\0'k vo-CL- 44 %meNekr.' ) , t),50 00 0
Any delinquent taxes (City, County, School District, Sales,/Etc.) owed by the applicant or owner?
0 Yes F,-4-N-o
V
Are there any liens on the property?
L2--Ves F-1 No
Does the building orIan oxurrently have any tax exemptions or abatements?
❑ Yes No
If yes, what type?.
Granted by what agency?
Duration of exemption and/or abatement:
We
LAN"M
[� New Structure (undeveloped) ❑ New Structure (demo of existing)
ImprovementOnly
Historical Desipnation
Have you applied for and/or received any of the following for the building?
❑ National Register of Historic Places designation Status:
❑ Texas Historic Landmark Designation Status:
Other Historic Designation, please list Status:
Is the property located ' he Downtown Commercial Historic District?
❑ Yes No
For Facade Improveme Only: Has an application for a Certificate of Appropriateness been completed?
❑ Yes Callo
Project Information
Please attach a separate page with the following info:
• Date of Original Construction (if known):
• Description of Historical Significance of Building (MS program may assist with this question):
• Current Use of Building (if any) / Anticipated Use after Construction:
• Impact on Downtown (economic, historical, building value, etc.):
• Thorough Project Description (include start/completion date, construction work details)
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.
Certifications
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.
Date:
Submission
All TIRZ applications should be submitted to the Main Street Manager at 202 W. Sd' Street between 9*00 a.m. — S:00
p.m. Applications can also be mailed to Main Street Manager, 202 W. Sa' Street, Plainview, TX 79072.
Attachment B Certification of Payment Form
MA•
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 fight to modify the Certification for Payment Form.
The undersigned is an agent for
payment from the TIRZ Fund from the City of Plainview,
$ for labor, materials, fees, and/or
construction and renovation of certain improvements
_ (the "Applicant") and requests
Texas (the "City") in the amount of
other general costs related to the
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.
b.
The actual costs for the Authorized Improvements) 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.
AM•
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.
Printed Name
Signature
APPROVAL OF REQUEST BY CITY
The undersigned is in receipt of the attached Certification for Payment. After reviewing the
Certification for Payment, the Certification for Payment is approved and the Grant Payment shall
be disbursed from the TIRZ Fund, in accordance with the Certification for Payment. The City's
approval of the Certification for Payment shall not have the effect of estopping or preventing the
undersigned from asserting claims under the Agreement that there is a defect in the improvements.
CITY OF PLAINVIEW, TEXAS
By:
Name:
Title:
Date: