HomeMy WebLinkAboutR21-517197
RESOLUTION NO. R21-517
A Resolution approving the Economic Development Agreement
between the Board of Directors of the Tax Increment Reinvestment
Zone # 1 Historic Downtown Plainview and Hello Baby Apparel LLC
located at 509 Broadway, Plainview, Texas 79072.
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, Hello Baby Apparel, LLC 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, Hello Baby is opening a retail clothing and apparel store with an
address of 509 Broadway St, Plainview TX 79072 and is completely remodeling the
property for the purpose of conducting its business including, but not limited to, fagade
remodeling and window replacement; and
WHEREAS, the Hello Baby has completed a Fagade/Public Improvement
Application requesting funds to facilitate design and remodeling of the property; and
WHEREAS, the TIRZ Board has reviewed and approved the application and
approved certain essential business terms and conditions that are contained in the
Economic Development Agreement 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 FaQade Improvement
Grants program as a part of Ordinance 18-3685, meets the requirements under Article III,
Resolution R21-517 Page 1 of 2
w
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 Hello Baby Apparel, LLC; 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 Hello Baby set forth in Exhibit A 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 3rd day of June, 2021.
CITY OF PLAINVIEW, TEXAS
Charles Star es, ayor
ATTEST: ,-
&mz &
Belinda Hinojosa, Cit S retary
11
Resolution R21-517
Page 2of2
199
TAX INVESTMENT REINVESTMENT ZONE # 1, HISTORIC DOWNTOWN PLAINVIEW
380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT
HELLO BABY APPAREL LLC
This Chapter 380 Economic �D,reIvelopment Program and Agreement ("Agreement") is made and
entered into this entered into this the J� day of rvg.. , 2021 (the
"Effective Date") between City of Plainview, Texas, a Texas home -rule municipal corporation (herein
"City"), by and through the Board of Directors of Tax Increment Reinvestment Zone # 1, Historic
Downtown Plainview, (the "TIRZ Board") and Hello Baby Apparel, LLC ("Hello Baby"), collectively
referred to herein as the "Parties", under the terms and conditions that follow:
RECITALS
WHEREAS., the City has established a program in accordance with Article III, Chapter 52=a of the
Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which
the City has the authority to make loans or grants of public money and provide personnel and services of
the City to promote state or local economic development and to stimulate business and commercial activity
in the municipality, including the authority to enter into this Agreement; and
WHEREAS, through Ordinance 18-3677, the City has created the Tax Increment Reinvestment
Zone # 1, Historic Downtown, Plainview, Texas (the "Zone"), and empowered the Board of the Directors
of the Zone to create and administer economic development grant programs for private initiatives which
will enhance the redevelopment of the historic downtown Plainview area as described in the project
submittal guidelines within Ordinance 18-3685; and
WHEREAS, Hello Baby Apparel, LLC is opening a retail clothing and apparel store (the
"Business") located in the Zone with an address of 509 Broadway St, Plainview TX 79072 (the structure
and location where the Business will be operating may be referred to as the "Property"); and
WHEREAS, since 1988 the Property has been used for storage purposes since and Hello Baby is
completely remodeling the Property for the purpose of conducting its Business with an investment towards
the remodeling of the Property including, but not limited to, fagade remodeling and window replacement,
projected to total $125,000.00 (the "Project"); and
WHEREAS, the Hello Baby has completed a Fagade/Public Improvement Application requesting
funds to 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 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 Hello Baby Project
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 Hello Baby remodeling and operating the Business within the
Zone and the positive economic development impact the Business will have on the community and Historic
Downtown Plainview and in. accordance with the terms outlined herein, the TIRZ Board agrees to provide
a grant to Hello Baby for the fagade and public improvements associated with the remodeling of the
Property; and
WHEREAS, to ensure that the benefits the TIRZ Board provides under this Agreement are utilized
in a manner consistent with Article III, Chapter 52-a of the Texas Constitution and Chapter 380 of the Texas
Local Government Code and other applicable law, Hello Baby has agreed to comply with certain conditions
TIRZ 380 Economic Development Agreement — Hello Baby Page 1 of 10
200
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
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 Hello Baby, 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 GRANUFAI�ADE IMPROVEMENT
GRANT. The TIRZ Board, subject to the contingencies and conditions contained in this Agreement, shall
provide (i) a financial grant up to $50,000.00 for eligible reimbursement expenses incurred by Hello Baby
for interior building improvements (e.g. removal of asbestos floor tiles; replacing water drain line,
installation of HVAC system, etc.) and (ii) a financial grant up to $10,000.00 for exterior fagade
improvements to the Business (removal and replacement of windows, window frames, door frames, doors,
signs, awnings, paint, etc.). Hello Baby expressly acknowledges that the grant provided by the TIRZ Board
shall be funded to Hello Baby within thirty (30) days following confirmation by the TIRZ Board or their
designated representative of Hello Baby's compliance with the following:
(a) Hello Baby is in compliance with the terms of this Agreement, including, but not limited
to Section 4 outlined below; and
(b) Hello Baby 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 Hello Baby upon the following terms
and conditions being met:
(a) Hello Baby has met the eligibility requirements for the Program, as shown on Attachment
A;
(b) Completion of the Project no later than October 1, 2021 with completion being defined as
Hello Baby receiving a certificate of occupancy from the City and the Business being open
to the public for retail business;
(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;
T RZ 380 Economic Development Agreement — Hello Baby
Page 2 of 10
1
1
(e) Hello Baby 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) Hello Baby 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 Hello Baby 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 Hello Baby, related to the Project or the associated improvements
necessary to confirm Hello Baby's compliance with the terms of this Agreement;
(h) Hello Baby has provided the TIRZ Board with an employment report as required under
Section 6 of this Agreement;
(i) Hello Baby is not in breach of this Agreement as evidenced in writing from the TIRZ Board
alleging that Hello Baby is in breach and specifying the details of the alleged breach;
(j) OWNER will provide to TIRZ at the TIRZ Board's Spring 2022 board meeting, at
OWNER'S sole cost and expense, before and after photographs depicting the
improvements funded with the Financial Grant.
(k) The Business is operational, in good standing and is not considered insolvent with
"insolvent" being defined as:
(i) Hello Baby 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 Hello Baby, or of all or any substantial
part of the Business;
(iv) the adjudication of Hello Baby as bankrupt; or
(v) the filing by Hello Baby 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 Hello Baby during
the term of this Agreement and in exchange for the Grant outlined herein, Hello Baby agrees to the
following:
(a) Hello Baby 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) Hello Baby 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 Hello Baby, or of all or any substantial
part of the Business;
(iv) the adjudication of Hello Baby as bankrupt; or
(v) the filing by Hello Baby 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.
TIRZ 380 Economic Development Agreement — Hello Baby
Page 3 of 10
2Q3
(b) Upon the TIRZ Board providing thirty (30) days written notice to Hello Baby, permitting
the TIRZ Board shall have an opportunity to review and verify the supporting
documentation at Hello Baby's corporate office or other agreeable location. For purposes
of complying with this obligation, the TIRZ Board and Hello Baby understand that the
supporting documentation shall be treated as confidential, proprietary and sensitive
material of Hello Baby and shall remain in the possession of Hello Baby;
(c) Hello Baby 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) Hello Baby shall keep the business property free of any public nuisance and in full
compliance with all applicable city codes.
6. EMPLOYMENT REPORTING TO TIRZ BOARD. Hello Baby 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
Hello Baby engaged in operations at its Business. Upon request from the TIRZ Board, Hello Baby 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 Hello Baby necessary to
verify employment at its Business, such information may be considered confidential and/or proprietary
information by Hello Baby, 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 Hello Baby's
records as the TIRZ Board would apply to its own records. Any inspection shall be done with reasonable
advance notice to Hello Baby 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
FrEs 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 Hello Baby, either directly or indirectly.
7. EMPLOYMENT OF UNDOCUMENTED WORKERS. During the term of this Agreement
Hello Baby agrees not to knowingly employ any undocumented workers and if convicted of a violation
under 8 U.S.C. Section 1324a (f), Hello Baby shall be in default of this Agreement.
8. DEFAULT. Should Hello Baby 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
Hello Baby under the terms of this Agreement, and upon written notice of such default by the TIRZ Board
to Hello Baby, Hello Baby 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 Hello Baby to the TIRZ Board within ten (10) days after
Hello Baby's receipt of written notice by the TIRZ Board to Hello Baby. Nothing contained herein shall
prevent the TIRZ Board or the City from pursuing and the = Board or the City may pursue any and all
remedies allowed by law or in equity for collection of the amount owing by Hello Baby 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 Hello Baby with, by or to a third party or entity during the term of this Agreement,
Hello Baby 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
TIRZ 380 Economic Development Agreement — Hello Baby Page 4 of 10
204
all rights, duties and obligations of Hello Baby 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 Hello Baby
of termination of this Agreement, Hello Baby shall be and remain fully obligated and responsible for all
responsibilities under the terms of this Agreement.
10. INDEMNIFICATION. Hello Baby 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. EMIUNITY 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 Hello Baby, the City and the TM 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) Hello Baby 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 Hello
Baby's operations.
(b) That any use of City's or the Zone's name for publicity in connection with Hello Baby'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 Hello Baby with the prior written consent of Hello Baby. Notwithstanding anything
herein to the contrary, by executing this Agreement, Hello Baby 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 Hello Baby 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 Hello Baby; specifically
including, but not limited to, keeping and maintaining the Business property free and clear
of all nuisances. Failure by Hello Baby 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) Hello Baby is a limited liability company duly organized, 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 Hello Baby.
13. ASSIGNMENT. This Agreement shall not be assignable, either in whole or in part, by Hello Baby_
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 Hello.
Baby, and that the sole connection between the parties is the economicassistance by the TIRZ Board to
Hello Baby 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
TIRZ 380 Economic Development Agreement — Hello Baby
Page 5 of 10
-205
of economic assistance by the TIRZ Board to Hello Baby.
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 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 Hello:Baby of any covenant, term
or condition of this Agreement shall be deemed a waiver of any subsequent default by Hello Baby of the
same or any other covenant,. term or condition of this Agreement.
18. NOTICE. Any notice required by this Agreement shall be deemedto. 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: Melinda Brown
901 Broadway St.
Plainview, Texas 79072
Telephone: 806-296-1119
E-mail: mbrown@plainviewtx.org
Hello Baby Apparel, LLC
Attn: Terra James
1408 Borger St.
Plainview; Texas 79072
Telephone: 806-681-9416
E-mail: hellobabyapparel@gmail.com
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.
TIRZ 380 Economic Development Agreement — Hello Baby Page 6 of 10
206
22. CURRENT REVENUES / NON -APPROPRIATION. Hello Baby 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 Hello Baby 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 above.
ATTEST:
4"o J
Belinda Hinojosa, City r tary
APPROVED AS TO FORM.
Matfade, City Attorney
BOARD OF DIRECTORS
TAX INCREMENT .REINVESTMENT ZONE # 1,
HISTORIC DOWNTOWN PLAINVIEW
(Remainder of page left intentionally blank.)
TIRZ 380 Economic Development Agreement — Hello Baby
Page 7 of 10
1
207
1
1
HELLO BABY APPAREL, LLC
STATE OF TEXAS
COUNTY OF HALE
This instrument was acknowledged before me on the2LA day of �'u_,_(�2, , 2021 by Terra
James, the of Hello Baby Apparel, LLC, on behalf of said limited
liability company and acknowledged to me that they executed the same in the capacities stated, as the act
of the limited liability company, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL of this qq'V\day of &,. 2021.
emy
NANCY GARZANOTARY PUBLICSTATE OF TEXASIO # 13171268-1 Comm. Expkw 09-07-2022
Notary Public, State of Texa
T1RZ 380 Economic Development Agreement — Hello Baby Page 8 of 10
Attachment A
The Application
(Remainder of page left intentionally blank.)
TIRZ 380 Economic Development. Agreement — Hello Baby
Page 9 of 10
1
BABY • KIDS . TWEENS
1.7
Hello Baby TIRZ Grant Application
509 Broadway Plainview, TX 79072
Terra James -Owner
2�
I(
0
Appendix A — Facade/Public Improvement Application
FACADE/PUBLIC IMPROVEMENT APPLICATION ALAI NVTEW TX
TAX INCREMENT REINVESTMENT ZONE NUMBER ONE,
HISTORIC DISTRICT, CITY OF PLAINVIEW, TEXAS explore the opportunities
Submit one copy of this form to:
City Manager or his/her designee
901 Broadway Street
Plainview, Texas 79072
Date: March 10, 2021
APPLICANT INFORMATION
Applicant Name:
Hello Baby Apparel
Contact Name:
Terra James =
Title:
Owner
Address:
1408 Borger St. Plainview, TX 79072
Day Phone:
06-681-9416
Evening/Cell Phone:
Same
Fax:.
N/A
Email:
hellobabyapparel mail.com
Name and Address of Owner of Building if applicant is leasee :
509 Broadway Plainview, TX 79072-Hello Baby Apparel (owner)
PROJECT INFORMATION
(.check the box(s) that apply)
0 New Structure (undeveloped) ❑ New Structure (Demo of Existing)
M Renovation/Historic Rehab 13 Conversion
® Owner Occupied
Re -Zoning
(select one)
(select all that apply)
Re -Platting O: II
Rental
Current Property Value:
$35,000
Proposed Investment:
$125,000
Purchase Price:
$27,000
City of Plainview 1 902 Broadway St. I Plainview, V 79072
Telephone: (8061196-1100 1 Fax: (806) 296.1125
1
1
1
1
211
Appendix A — Facade/Public Improvement Application
1. Applicant is: ® Owner ❑ Lessee ❑ Corporation ❑ Partnership
a. Term of lease and expiration date:
Has Applicant ever received City of Plainview TIRZ funds?
a. ❑ Yes ® No
b. If yes, list project name and completion date:
3. Name of building: 509 Broadway
4. Physical Address of building: 509 Broadway Plainview, TX 79072
5. Date of original construction of building: estimated 1920's
6. Describe the historical significance of the building (attach additional.shei is if necessary):
See Exhibit A
7. Describe the impact of the project on the Downtown area below (attach additional sheets if
needed): See Exhibit B
8. Current use of building: Vacant/Storage
9. Anticipated use of building after restoration (if different from current use):
Retail Space
10. Amount of funds requested from TIRZ #1: $60,000
11. How will the difference between total project cost and TIRZ funding be financed?
Building loan See Exhibit C for attached approval letter from Prosperity Bank
12. Projected time for completion of project?
a. Projected Start Date: March 2021
b. Projected Completion Date: October 2021
13. Have you applied for and/or received any of the following for the building?
O National Register of Historic Places designation
❑ Texas Historic Landmark designation
❑ Other historic designation, please list:
A designation has not been applied for nor received. It is considered Non -Contributing.
to the historical. preservation according: to the National Register of Historic Places
14. Has an application for any of the above designations been denied?
❑ Yes ❑ No
15. Does the building or land currently have any tax exemptions or abatements?
City of Plainview 1961 Broadway St. I Plainview, TX 79072
Telephone: (805) 296.1100 1 Fax: (806) 296-1125
2�
r�
N
Appendix A — Facade/Public Improvement Application
O Yes M No
If yes, what type?
Granted by what agency?
Duration of exemption and/or abatement: _
16. Are any delinquent taxes (City, County, School District, sales, etc.) owed by the
applicant or the owner?
i] Yes M No
If yes, please explain:
17. Are there any liens on the property?
O Yes 91 No
If yes, please explain:
18_ Names of Prnfessinnal Cnnsultants and Phone Numbers
.. Name
Phone Number
Architect:
C3 Designs -Chandler Cooke
806-78665834
Engineer:
Landscape Architect:
Attorney:
Others:
19. Amount (Percentage) of MWDBE participation in entire Project:
REQUIRED ATTACHEDMENTS TO APPLICATION
IN Detailed description of the proposed restoration/preservation project as well as copies of
plans and specifications, photographs and renderings of the finished project.
Itemized list of how the funds will be allocated throughout the .project.
Completed pro forma.
l9 Documents reflecting the total rehabilitation costs.
0 Copies of current financial statements of applicant (and owner, if applicant is lessee).
0 Proof: of any of the following for the building: National Register of Historic Places
designation, Texas. Historic Landmark designation, or other historic designation.
0 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.
City of Plainview 1901 Broadway St. I Plainview, TX 79072
Telephone: (806) 296-1100 1 Fax: (806) 296-1125
3
1
1
1
213
Appendix A — Facade/Public Improvement Application
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 1 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 providedJor this project.
02-�
4ilgarnr-ature o A plicant -Date
C ty Manager or his/her designee Date Received.
n
G;� cf Plainview 1901 Broadway St. I Plainview, TX 79072
'e a;rone (806) 296.1100 1 Fax: (806) 296.1125
214
Exhibit B:
Since 1988,-509 Broadway has been utilized as a storage structure with no open store front on the
courthouse square. Through the purchase and revitalization of 509 Broadway I will be moving in an
operational retail store. With the additional square footage of this building and the exponential growth
of Hello Baby 1 will be able to offer additional jobs as well as more sales tax dollars through revenue
growth for our community. Beyond this I feel the.biggest beneficial factor of this project is that the
building will go from storage to occupied with a beautified fagade creating an inviting space for our
community and visitors of Plainivew. The unique thing about the placement of 509 Broadway is that it is
located at the Courthouse Crosswalk when our Downtown Street Scape is finished. With the
beautification of our downtown and 509 Broadway I feel that it will increase property values downtown
and an excitement to beautify and occupy more structures on our square.
Please see attached before pictures and proposal of completed project renderings.
1
5
ex
✓ 4 r��
✓ f ��
✓ 4 r��
✓ f ��
i
r..�► 'ti�A�Nyr.".•a.
s r
`7
2�
Exhibit C:
Proposed restoration of 509 Broadway:
1. Removal and Replacement of window frames in storefront as well as front doors with like
design. $10,000
2. Removal of asbestos floor tiles. $25,800
3. Installation HVAC system. $17,000
4, Replace water drain=line $20,000
5. Enclose 211 floor and staircase of building for safety measures, construct ADA compliant
Bathroom on 1" floor, cleanup and distribute electrical throughout building. Replace ceiling
lights, replace back alley door to comply with Code enforcement. $52,000
Total Projected expenses for Project:
$125,000
1
1
217
IN IN
w A
co
0
I
-219
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 Hello Baby Apparel, LLC (the "Applicant") and requests payment from the TIRZ
Fund from the City of Plainview, Texas (the "C�") 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.
1
The actual costs 'for 'the Authorized Improvement(s) shall be paid as follows:
Amount to be paid from Total Cost of Authorized
Authorized Improvement: the Project Fund 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.
Hello Baby Apparel, LLC,
TIRZ 380 Economic Development Agreement — Hello Baby
Page 10 of 10