HomeMy WebLinkAboutR20-502112
RESOLUTION NO. R20-502
A Resolution approving the Economic Development Agreement
between the Board of Directors of the Tax Increment Reinvestment
Zone Number 1, Historic Downtown Plainview ("TIRZ Board") of the
City of Plainview, and the Rusty Rose, LLC located at 707 Broadway,
Plainview, Texas 79072 ("Applicant").
WHEREAS, Chapter 380 of the Texas Local Government Code permits cities to
make loans or grants of public funds for the purpose of promoting economic development
and stimulating business and commercial activity within the City; and
WHEREAS, Chapter 311 of the Texas Tax Code permits cities to authorize tax
increment reinvestment zones to create and administer economic development programs
in accordance with Chapter 380; and
WHEREAS, the City authorized the TIRZ Board with economic development
powers in Ordinance 18-3865;
WHEREAS, Applicant is a local commercial retailer that has an excellent
reputation and is currently in the historic downtown providing quality commercial retail
shopping options to the City and producing ad valorem and sales tax revenues to the
City; and
WHEREAS, Applicant has presented an economic assistance request to the City
that will facilitate the renovation of an outdoor facade and indoor renovations to a
commercial retail development and offer quality jobs at buildout in the City; and
WHEREAS, the completion of the renovation will increase the taxable property
value of the commercial retail development, and increase the annual sales tax revenues;
and
WHEREAS, the TIRZ Board finds that the Applicant has met the eligibility
requirements of the Tax Increment Reinvestment Zone Number 1, Historic Downtown
Plainview (the "Zone"), economic development program established by the TIRZ Board
and City Council; and
WHEREAS, the TIRZ Board has reviewed, and approved the Economic
Development Agreement (the "Agreement") attached hereto as Exhibit A; and
WHEREAS, the City Council of the City (the "City Council") supports the continued
growth and expansion of quality commercial and retail development in the City by
adopting this Resolution authorizing the Agreement to promote and stimulate desirable
business and commercial activity.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS,
SECTION 1: That the City Council hereby authorizes the TIRZ Board to enter into
the attached the Agreement with Applicant set forth in Exhibit A to
promote and facilitate economic development in the City of
Plainview.
SECTION 2: That this Resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED this 8th of December, 2020
ATTEST:
Belinda Hinojosa, City ec etary
1
Charles tarn s, Mayor
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EXHIBIT A
CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF PLAINVIEW, TEXAS AND THE RUSTY ROSE, LLC
This Chapter 380 Economic Development Agreement (the "Agreement") is entered into as of
December 80', 2020 (the "Effective Date") by and between the Board of Directors of Tax
Increment Reinvestment Zone Number 1, Historic Downtown Plainview, (the "TIRZ Board"), by
and through its Chairman, and The Rusty Rose, LLC ("Applicant") by and through its Principal,
Andrea Glenn, collectively referred to herein as the (the "Parties.")
WITNESSETH:
WHEREAS, Chapter 380 of the Texas Government Code permits cities to make loans or
grants of public funds for the purpose of promoting economic development and stimulating
business and commercial activity within the City of Plainview, Texas (the "City"); and
WHEREAS, Applicant is a quality retailer desiring to renovate the exterior and interior of
their building("Property"), said Property being located at 707 Broadway St, Plainview TX 79072
(the "Project") and offering quality jobs, ad valorem and sales tax revenues to the City; and
WHEREAS, Applicant has presented an economic assistance request to the City that will
facilitate design and construction of the Project in a specified time described herein and according
to all City development and design Ordinances, guidelines, rules and regulations; and
WHEREAS, the City has created the Tax Increment Reinvestment Zone Number One,
Historic Downtown, Plainview, Texas (the "Zone"), and empowered the Board of the Directors of
the Zone (the "TIRZ Board") 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, the Applicant has completed an application for an economic development
grant as provided in Ordinance 18-3685 attached hereto as Attachment A; and
WHEREAS, the Project will renovate a historic downtown building that meets the criteria
set forth in Ordinance 18-3685 and increase the community aesthetic and taxable value of the
historic downtown area; and
WHEREAS, the TIRZ Board supports the continued growth and expansion of economic
development in the City by entering into this Agreement to promote and expand desirable retail
commercial growth within the City; and
WHEREAS, were it not for the awarding of economic assistance, the Applicant's property
values and/or sales tax revenues would likely decline or remain stagnant; and
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M
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
ARTICLE 1.
AUTHORIZATION AND PROGRAM ESTABLISHED
1.01 The City Council established the Downtown Fagade Improvement Grants program as a
part of Ordinance 18-3685, (the "Program") to be administered by the TIRZ Board. The
Program is to encourage economic development within the City, improve downtown
aesthetics including facades, sidewalks, and streetscapes, and promote new businesses. The
TIRZ Board determines that this Agreement will effectuate the purposes of the Program,
and that Applicant's performance of its obligations herein will provide local economic
development and stimulate business and commercial activity in the City.
ARTICLE 2.
DEFINITIONS
2.01 The terms "Agreement", "TIRZ Board", "Effective Date", "City", "Applicant", "Project",
"Pro a ", "Parties", and "Program" shall have the meanings provided herein above.
2.02 "Grant Payment" means the one-time reimbursement to Applicant, after previously
supplied documentation of funds spent and evidence of work performed including all lien
releases for renovation expenses identified in the Application, as shown in Attachment A,
to reimburse public improvements expenses from TIRZ revenue received by the City, and
said documentation of public improvements has been provided to the Hale County
Appraisal District.
ARTICLE 3.
TERM
3.01 The term ("Term") of this Agreement shall commence on the first date of the fiscal quarter
beginning after the public improvements have been completed (the "Commencement
Date") and shall terminate after the Applicant has provided documentation of the public
improvements to the Property to the Hale County Appraisal District, and notified the City
of said interface. Notwithstanding the preceding sentence this Section 3.01 or any other
provision of this Agreement, this Agreement shall terminate no later than December 31,
2025.
.01
ARTICLE 4.
COVENANTS OF APPLICANT
Covenants Regarding Construction and Development. In consideration of the TIRZ Board
agreeing to pay Applicant the Grant Payment in accordance with the terms, provisions and
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conditions of this Agreement, Applicant agrees to the following obligations that must be
fulfilled in order to receive the Grant Payment:
(A) Applicant has met the eligibility requirements for the Program, as shown on
Attachment A.
(B) Complete construction of the building to be occupied by the first tenant in the
Project and obtain a Certificate of Occupancy issued by the City no later than
January 1, 2021.
(C) Design and construct the Project in conformance with the criteria and development
standards set forth in Ordinance 18-3685, the guidelines, rules and regulations of
the City, as well as applicable state and federal laws and regulations.
(D) Provide to Hale County Appraisal District the Certification of Payment Form for
all improvements made to the Property, including improvements that were TIRZ
reimbursable, and non -reimbursable, as shown on Attachment B, attached hereto.
The City shall review each Certification of Payment Form within fifteen business
days (15) of receipt thereof, and upon approval, certify the Payment Certificate
pursuant to the provisions of this agreement.
(E) Applicant shall remain current and paid on all property taxes imposed on the Project
or any portion thereof, subject to appeal rights in accordance with law and subject
to a right to cure any delinquency.
(F) Provide to the City access to any and all information, upon reasonable notice to
Applicant, related to the Project or the associated improvements necessary to
confirm Applicant's compliance with the terms of this Agreement.
ARTICLE 5.
PROGRAM GRANT
5.01 Subject to Applicant complying with its duties and obligations under this Agreement, the
TIRZ Board agrees that Applicant shall be entitled to receive the maximum Grant Payment
from the TIRZ Fund in the amount of ten thousand dollars ($10,000).
ARTICLE 6.
AUTHORITY; COMPLIANCE WITH LAW
6.01 Applicant hereby represents and warrants to the TIRZ Board that it has full lawful right,
power and authority to execute and deliver and perform the terms and obligations of this
Agreement and that the execution and delivery of this Agreement has been duly authorized
by all necessary action by Applicant and this Agreement constitutes the legal, valid and
binding obligation of Applicant, and is enforceable in accordance with its terms and
provisions.
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6.02 Notwithstanding any other provision of this Agreement, Applicant shall comply with all
federal, state, and local laws and regulations.
ARTICLE 7.
BREACH AND REMEDY; TERMINATION
7.01 Should Applicant fail to comply with any of the material terms or conditions of this
Agreement, and any such failure (hereinafter, a "Breach") specified, remains uncured for
thirty (30) days following Applicant's receipt of written notice (the "Breach Notice") from
the TIRZ Board, delivered in accordance with Section 12.09 herein below, of the event and
nature of such Breach; provided, however, that if such Breach is not reasonably susceptible
of cure within such thirty (30) day period and Applicant has commenced and is continuing
to diligently pursue the cure of such Breach, then after first advising the TIRZ Board of
such cure efforts, Applicant shall automatically receive an additional thirty (30) day period
within which to cure such Breach. The TIRZ Board may authorize additional time to cure
any such Breach but is not obligated to grant such additional time. Notwithstanding
anything expressed or implied herein to the contrary, no Breach shall exist if the failure of
Applicant to fully perform its obligations hereunder is the result of a force majeure event
as defined in Article 8 herein below. Further time for cure of a breach by Applicant shall
be extended by the reasonable time Applicant is delayed by a force majeure event.
7.02 This Agreement shall terminate upon any one of the following:
(A) On December 31, 2025; and
(B) By Applicant, subject to the right to cure described in this Article 7, upon written
notice to the TIRZ Board, if the TIRZ Board fails to pay the Grant Payment within
the applicable time period provided under this Agreement; and
(C) Subject to the right to cure described in this Article 7, upon written notice from
Applicant to the TIRZ Board, upon any breach by the TIRZ Board of its obligations
specified in this Agreement.
(D) Subject to the right to cure described in this Article 7, upon written notice from the
TIRZ Board to Applicant, upon a breach by Applicant of its obligations specified
in this Agreement
r—�
ARTICLE 8.
FORCE MAJEURE
Performance of the parties' obligations under this Agreement shall be subject to extension
due to delay by reason of events of force majeure, and the parties' obligations shall be abated
during any period of force majeure. Force majeure shall include, without limitation, damage or
destruction by fire or other casualty, condemnation, strike, lockout, civil disorder, war, issuance
of any permit and/or legal authorization (including engineering approvals by any governmental
entity), governmental approvals and permits, shortage or delay in shipment of materials or fuel
occasioned by any event referenced herein, acts of God, unusually adverse weather or wet soil
conditions or other causes beyond the parties' reasonable control, including but not limited to, any
court or judgment resulting from any litigation affecting the Project, Property or this Agreement.
ARTICLE 9.
GIFT TO PUBLIC SERVANT OR TO APPLICANT REPRESENTATIVE
9.01 No Benefit. Each party hereto represents to the other that it has not offered, conferred, or
agreed to confer and that it will not offer, confer or agree to confer in the future any benefit
upon an employee or official of the other party. For purposes of this section, "benefit"
means anything reasonably regarded as economic advantage, including benefit to any other
person in whose welfare the beneficiary is interested, but does not include a contribution
or expenditure made and reported in accordance with law.
9.02 Right of Reimbursement. Notwithstanding any other legal remedies, TIRZ Board may
obtain reimbursement for any expenditure made to Applicant as a result of the improper
offer, agreement to confer, or conferring of a benefit to a City employee or official.
ARTICLE 10.
ASSIGNMENT
Applicant may not assign any part of this Agreement without consent or approval by the
City Council of the City.
ARTICLE 11.
INDEMNIFICATION
11.01 APPLICANT EXPRESSLY AGREES TO FULLY AND COMPLETELY DEFEND,
INDEMNIFY, AND HOLD HARMLESS THE CITY AND TIRZ BOARD, AND ITS
OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND
VOLUNTEERS AGAINST ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES,
JUDGMENTS, COSTS, AND EXPENSES FOR PERSONAL INJURY
(INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM, DAMAGES
OR LIABILITY FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,
SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR
BE OCCASIONED BY ANY NEGLIGENT, GROSSLY NEGLIGENT,
WRONGFUL, OR STRICTLY LIABLE ACT OR OMISSION OF APPLICANT OR
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ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, ARISING OUT
OF THE PERFORMANCE OF THIS AGREEMENT. Nothing in this paragraph may
be construed as waiving any governmental immunity or other defense available to the City
and TIRZ Board under state or federal law. This provision is solely for the benefit of
Applicant, 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.
11.02 It is acknowledged and agreed by the parties that the terms hereof are not intended to and
shall not be deemed to create a partnership or joint venture among the parties. The City and
TIRZ Board (including its past, present and future officers, elected officials, directors,
employees and agents of the City) do not assume any responsibility to any third party in
connection with Applicant's construction of the Project.
ARTICLE 12.
MISCELLANEOUS MATTERS
12.01 Time is of Essence. Time is of the essence in this Agreement. The Parties hereto will make
every reasonable effort to expedite the subject matters hereof and acknowledge that the
successful performance of this Agreement requires their continued cooperation.
12.02 Applicable Law and Venue. This Agreement is made subject to and in accordance with the
City of Plainview Home Rule Charter and ordinances of City, as amended, and all
applicable State and federal laws. This Agreement is performable in Hale County, Texas.
Exclusive venue for any action arising under this Agreement shall lie in the State District
Courts of Hale County or if in federal court, the United States District Court for the Western
District of Texas.
12.03 Interpretation. Each of the Parties has been represented by counsel of their choosing in the
negotiation and preparation of this Agreement. In the event of any dispute regarding the
interpretation of this Agreement, this Agreement will be interpreted fairly and reasonably
and neither more strongly for nor against any Party based on draftsmanship.
12.04 Counterparts Deemed Original. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
12.05 Relationship of Parties. The Parties shall not be deemed in a relationship of partners or
joint ventures by virtue of this Agreement, nor shall either Party be an agent, representative,
trustee or fiduciary of the other. Neither Party shall have any authority to bind the other to
any agreement.
12.06 Governmental Powers. By execution of this Agreement, the City and TIRZ Board do not
waive or surrender any governmental immunities, powers or rights.
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12.07 Captions. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
12.08 Complete Agreement. This Agreement embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements between the
parties and relating to matters in the Agreement, and except as otherwise provided herein
cannot be modified without written agreement of the parties to be attached and made a part
of this Agreement.
12.09 Notice. Any notice to be given or served hereunder or under any document or instrument
executed pursuant hereto shall be in writing and shall be (i) delivered personally, with a
receipt requested therefore; or (ii) sent by a nationally recognized overnight courier
service; or (iii) delivered by United States certified mail, return receipt requested, postage
prepaid. All notices shall be addressed to the respective party at its address set forth below
and shall be effective (a) upon receipt or refusal if delivered personally; (b) one business
day after depositing, with such an overnight courier service or (c) two business days after
deposit in the United States mails, if mailed. Any party hereto may change its address for
receipt of notices by service of a notice of such change in accordance with this subsection.
Applicant
With a copy to:
City: City of Plainview, Texas
901 Broadway St
Plainview, TX 79072
ATTN: Jeffrey Snyder, City Manager
With a copy to: City Attorney
901 Broadway St
Plainview, TX 79072
(806)296-1100
Fax (806) 296-1125
12.10 Amendment. This Agreement may only be amended by the mutual written agreement of
the parties.
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12.11 Severability. In the event any section, subsection, paragraph, subparagraph, sentence,
phrase, or word herein is held invalid, illegal, or unenforceable, the balance of this
Agreement shall stand, shall be enforceable, and shall be read as if the parties intended at
all times to delete said invalid section, subsection, paragraph, subparagraph, sentence,
phrase, or word. In the event there shall be substituted for such deleted provision a
provision as similar in terms and in effect to such deleted provision as may be valid, legal
and enforceable.
12.12 Attorney's Fees. The parties hereto agree that the prevailing party in any dispute, lawsuit
or other legal proceeding between the parties arising out of this Agreement shall be entitled
to recover its reasonable attorney's fees and costs.
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 NUMBER 1
HISTORIC DOWNTOWN PLAINVIEW
By:
Chairman
ATTEST:
By:
City Secretary
APPROVED AS TO FORM
By:
City Attorney
THE RUSTY ROSE, LLC
STATE OF TEXAS
This instrument was acknowledged before me on the day of , 2020
by , the Applicant, LLC on behalf of said
limited liability company.
[Notary Seal]
Notary Public, State of Texas
122 The Application
Appendix A — Facade/Public Improvement Application
FACADE PUBLIC IMPROVEMENT APPLICATION PLAT WIEW"rX
TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, 0 txpiort (he vpportunlrltt
HISTORIC DISTRICT, CITY OF PLAINVIEW, TEXAS
Submit one copy of this form to:
City Manager or his/her designee
901 Broadway Street
Plainview, Texas 79072
Date:
Applicant Name:
e &3N3
Contact Name:
Title:
Address:
t
Day Phone:
"' q
Evening/Cell Phone:
— 2-9d -
Fax:
Email:
-�..e,('US Cf� ID • �:C�`�
Name and Address of Owner of Building if applicant is leasee :
(check the box(s) that apply)
❑ New Structure (undeveloped) O New Structure (Demo of Existing)
j( Renovation/Historic Rehab 0 Conversion
(select one)
Owner Occupied
❑ Rental
(select all that apply)
❑ Re -Zoning ❑ Re -Platting 9 Infrastructure Connections
Current Property Value: J
Proposed Investment:
Purchase Price:
i
City of Plainview 1901 Broadway St. I Plainview, TX 79072
Telephone: (806) 296-1100 1 Fax: (806) 296-1125
1
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Appendix A — Facade/Public Improvement Application
123
1
1
1
1. Applicant is: Owner El Lessee
a. Ter of lease and expiration date:
O Corporation ❑ Partnership
2. Has Applicant ever received City of Plainview TIRZ funds?
a. ❑ Yes j, No
b. If yes, list project name and completion date:
3. Name of building:
4
5
Physical Address of building: _ —1 U-1 nq-ocka
Date of original construction of building: ) q L ')
Describe the historical significance of the building (attach additional sheets if necessary):
7. Describe the impact of the project on the Downtown area below (attach additional sheets if
needed):
8. Current use of building: QW�-K\k
9. Anticipated use of building after restoration (if different from current use):
10. Amount of funds requested from TIRZ #{1: 1n, WO
11. How will the difference between total project cost and TIRZ funding be financed?
CC-
12. Projected time for completion of project?
a. Projected Start Date: ` 2-0
b. Projected Completion Date: —
13. Have you applied for and/or received any of the following for the building?
❑ National Register of Historic Places designation
❑ Texas Historic Landmark designation
❑ Other historic designation, please list:
14. Has an application for any of the above designations been denied?
❑ Yes Y( No
15. Does the building or land currently have any tax exemptions or abatements?
04
City of Plainview 1901 Broadway St. I Plainview, TX 79072
Telephone: (806) 296-1100 1 Fax: (806) 296-1125
124
Appendix A — Facade/Public Improvement Application
16
❑ Yes ;r_`No�
If yes, what type?
Granted by what agency?
Duration of exemption and/or abatement:
Are any delinquent taxes (City, County, School District, sales, etc.) owed by the
applicant or the owner?
O Yes '121"No
If yes, please explain:
17. Are there any (fens on the property?
O Yes Y NO
If yes, please explain:
iR. Names of Professional Consultants and Phone Numbers
Name
Phone Number
Architect:
Engineer:
Landscape Architect:
Attorney:
Others:
U
19. Amount (Percentage) of MWDBE participation in entire Project:
REQUIRED ATTACHEDMENTS TO APPLICATION
❑ Detailed description of the proposed restoration/preservation project as well as copies of
plans and specifications, photographs and renderings of the finished project.
O Itemized list of how the funds will be allocated throughout the project.
❑ Completed pro forma.
O Documents reflecting the total rehabilitation costs.
O Copies of current financial statements of applicant (and owner, if applicant is lessee).
❑ Proof of any of the following for the building: National Register of Historic Places
designation, Texas Historic Landmark designation, or other historic designation.
• The Applicant will maintain insurance coverage during the term of an Agreement which is
described in the Development Agreement citing Section 380 grant funding. Attach all
required insurance to the application.
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City of Plainview 1901 Broadway St. I Plainview, TX 79072
Telephone: (806) 296-1100 1 Fax: (806) 296-1125
Appendix A — Facade/Public Improvement Application
125
11
INSURANCE - The Applicant will maintain insurance coverage during the term of an Agreement
which is described in the Development Agreement citing Section 380 grant funding.
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 incentive 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 Board of Directors of the Zone. To the best of my
knowledge, no member of the Board or employee of the City of Plainview would have any
financial interest, direct or indirect, in any assistance provided for this project.
4"& - m -A,41VK-,,
Signature of Applic nt
ity Manager or his/her designee
.�— Iq -Z-D
Date
. 5-ZC- vo
Date Received
City of Plainview 1901 Broadway St. I Plainview, TX 79072
Telephone: (806) 296-1100 1 Fax: (806) 296-1125
126
I plan on using the Grand monies towards enhancing the current facade of the
building both on the outside and inside while still maintaining it's historic integrity.
We will replacing the awnings which will require work from the inside and the
outside. A new signs will be made as well as window boxes. We also will be
replacing the old doors with new ones. New track lighting will be installed in the
front window along with the drop ceilings being removed.
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127
Tirz Grant Application
The Rusty Rose
707 Broadway
The Rusty Rose is a women's boutique and gift store. With continuous growth
over the past 5 years and now in its 10th year of being a brick and mortar the need
for a bigger location was needed. The property at 707 Broadway was purchased
in March 2020 and is now the new home of The Rusty Rose. The restoration of
the building is in its finals days of completions and has taken 6 months.
The Rusty Rose is a business that has stayed active in the community these past
years by volunteering and giving back. It also provides two full time jobs and two
part time jobs. The store also has a lucrative online business the brings in
additional sales through that outlet and ships daily using the local LISPS. The
past 3 years we have had 25%-30% increase in annual sales each year with more
tax dollars going back into our local economy each year. The Rusty Rose also has
a customer base that drives from out of town with people coming from Lubbock,
Amarillo and even out of state on the weekends. This is a business that has a
vested interest in downtown Plainview and wants to stay there and help it thrive.
The Rusty Rose is an established business who has a proven record for bringing
people, specifically, to the downtown area where they stay, shop and eat at other
local businesses.
After renting for a number years the purchase of this building provides us a new
and permanent home in downtown Plainview. The size of the building will allow for
us to increase our inventory and sales annually.
Funding
All building improvements have been paid for by the owner Andrea Glenn. As a
small business owner I understand how important it is to shop local. The majority
of materials were purchase at local hardware stores trying to ensure spending of
funds would stay local and go back into our local economy. I also hired help from
a local contractor.
Enclosed you will find itemized receipts for all labor and materials.
I appreciate your consideration for this grant and any help in funding would be a
huge help to my business and this project of restoring and beatifying a downtown
building.
Sincerely,
Andrea 22948
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a
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a
130
Facade Expenses
Front Doors $2537.24
Receipt From McCoys
Awning $5178.68
Receipt From AAA Signs
Sign $275
Receipt From Custom Ink
Trim and materials for for front and around door. $470.25
Receipts from McCoys and Milsteads
Materials to reinforce the back of awning. $197.84
Receipts From McCoy's and Milteads
Labor on front of store. $2040
Invoice 824249, 824251, 824252, 824265, 824256 Jon Deleon
Exterior paint for front and back of building $510.89
McCoys
Paint to cover old sign on awning. $25.53
Milsteads
Scaffolding $617
Fonty's
Front Lighting $1369
Amazon
Front entryway the and labor install $2,155
Invoice 276055
Total $15,376.43
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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 The Rusty Rose, LLC (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:
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.
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I hereby declare that the above representations and warranties are true and correct.
The Rusty Rose, LLC,
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:
1