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HomeMy WebLinkAboutResolution - 2023-R0556 - Downtown Grant Program Permittable Exp, 511 Broadway, Nicolett Restaurant, LLC - 11/14/2023Resolution No. 2023-R0556 Item No. 7.5 November 14, 2023 RESOLUTION WHEREAS, pursuant to Article IV, Section 5 of the Amended and Restated Bylaws of the Market Lubbock Economic Development Corporation (the "Corporation"), the City Council of the City of Lubbock (the "City Council"), as the Corporation's authorizing unit, has the authority to approve all programs and expenditures of the Corporation; and WHEREAS, the City Council finds that it is in the best interest of the public to approve the program or expenditure, as proposed to the City Council by the Corporation, as set forth in Exhibit "A" attached hereto and incorporated herein by reference; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Downtown Permittable Grant program or expenditure of the Corporation, in the amount set forth in Exhibit "A" attached hereto and incorporated herein by reference, to be provided to Nicolett Restaurant, LLC, is hereby approved pursuant to Section 5 of the Amended and Restated Bylaws of the Corporation. Passed by the City Council on November 14, 2023 ATTEST: Courtney Paz, City � retary T YNE, MAYOR APPROVED AS TO CONTENT: Brianna Brown, Business Development Director APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney ccdocs/RES. Market Lubbock DT Permittable Grant - the Nicolett 1030.23 Resolution No. 2023-R0556 RE 23"72 RESOLUTION APPROVING THE rTICOLETT AT 511 BROADWAY DOWNTOWN PERMTTABLE GRANTS THE STATE OF TEXAS COUNTY OF LUBBOCK At a regular meeting of the Board of Directors of MARKET LUBBOCK ECONOMIC DEVELOPMENT CORPORATION, INC., a Texas nonprofit corporation (MLI), on Wednesday, October 25, 2023, held in conformity with the bylaws, after due notice as therein provided, a quorum being present and acting, the following resolution was unanimously adopted: WHEREAS, MLI presented to members of the Board the proposal of a possible Economic Development Grant and Contract to The Nicolett Restaurant, LLC, is makin� improvements to their property at 511 Broadway (509 Broadway), located in the Downtown TIF. For Finn Walter, owner and chef, the key to good food is a global perspective. From Germany, France, California, New Mexico and beyond, Walter traveled the world and gained an international approach to what it means to be both a global citizen and first-rate chef. After spending nearly 20 years traveling and working various places in the world, Walter returned to his hometown of Lubbock, Texas to open his own restaurant, The Nicolett, in downtown Lubbock. The scope of permittable work will include the roof, HVAC, plumbing, and electrical tota(ing $194,859 in permittable expenses. The terms and conditions of such Economic Development Grant and Contract, other than the normal terms and conditions applicable to all such Economic Development Grant and Contracts by the Corporation, are described generally as follows, to wit: Grant a Downtown Permittable Grant for The Nicolett Restaurant, LLC, for $19,486 511 Broadway, which is in the Downtown TIF, once proof of payment has been submitted. WHEREAS, The Board of Directors of MLI finds that an Economic Development Grant and Contract offering the incentive for providing assistance for renovations to their property, meet and comply with the qualifications and purposes of the Corporation for the granting of such Economic Development Grants and Contracts. Upon Motion by Director, Mr. Brett Cate, and Seconded by Director, Dr. John Opperman, IT WAS RESOLVED that MLI offer and, if accepted by Recipient, enter into an Economic Grant and Contract with The Nicolett Restaurant, LLC. for improvements to the properly at 511 Broadway, Lubbock, Texas. This Economic Development Grant and Contract will be on the normal terms and conditions of such Downtown Grant Program and Contract offered by MLI to existing businesses and business prospects and authorize the CEO to enter into and execute all documents related to the Economic Grant and Contract. ,I,y� i►�:: � John Osborne, President & CEO . ' �/ C�/ �.lO Linda Davis, Secretary MARKET LUBBOCK, INC. - DOWNTOWN GRANT PROGRAM 511 Broadway (509 Brodway) (Nicolett Restaurant, LLC) TOTAL PERMITTABLE SCOPE OF WORK =$194,859 PERMITTABLE GRANT = $19,486 M A R K E T 1 1 I •�, 1 1 r� Downtown Grant Program Presented to MLI Board October 25, 2023 Project 511 Broadway (Permittable) The Nicolett Restaurant, LLC, is making improvements to their property at 511 Broadway (509 Broadway), located in the Downtown TIF. For Finn Walter, owner and chef, the key to good food is a global perspective. From Germany, France, California, New Mexico and beyond, Walter traveled the world and gained an international approach to what it means to be both a global citizen and first-rate chef. After spending nearly 20 years traveling and working various places in the world, Walter returned to his hometown of Lubbock, Texas to open his own restaurant, The Nicolett, in downtown Lubbock. The scope of permittable work will include the roof, HVAC, plumbing, and electrical totaling $194,859 in permittable expenses. The MLI Board is being asked to consider a Downtown Permittable Grant for The Nicolett Restaurant, LLC totaling $19,486 at 511 Broadway. LUBB�CK. Downtown Grant - Application The information requested on this form will be used by Market Lubbock, Inc. for analysis of your project. MLI CONTACT INFORMATION Jorge Quirino - Director of Downtown & Special Project: Market Lubbock, Inc. 1500 Broadway, Sixth Floor, Lubbock, TX 79401 Phone: 806.749.4500 Email: iorQeCc�marketlubbock.or4 Date Initial Application Submitted (Due prior to start of construction or permits assigned) 06/30/22 Projected Project Start Date Project Property Address Property LCAD R# TBD 511 Brc 112111 GENERAL INFORMATION Company Name The Nicolett Contact Finn Walter Street Address 511 Broadwa St. Title Owner City, State, Zip Lubbock, TX 79401 Phone 707-812-8114 Email finn nicolettrestaurant.com INFORMATION ABOUT THE PROJECT Property Ownership: Own � Lease ❑ Project Summary Scope Roof, HVAC, Plumbing, Electrical Grant Type: Permittable� Fa�ade ❑ COMPANY BACKGROUND List any person or entity that has at least 5% ownership in the Applicant Company: Name Percent Name Percent Finn Walter 100% Is the firm registered with the Secretary of State's Office to do business in Texas? Yes � Are you in good standing with the State of Texas? Yes � If ou answered "No" to either of the above two uestions, lease ex lain MLI 6.10.22 Is the firm and/or principals delinquent on any federal, state or local tax obligations? No : Has the company or principals of the company had prior bankruptcies or lawsuits? No � If vou answered "Yes" to either of the above two the firm receiving tax revenue from any government agency? No . APPLICANT'S CHECKLIST: Initial application received by MLI prior to the start of construction and/or before permits are assigned ❑ All remaining documents must be received and an application packet presented to the MLI Board no � more than three months after the initial application is received by MLI. Contact Brianna Gerardi, City Director of Development bgerardi@mylubbock.us , to determine: Does the scope of work meet downtown standards and guidelines? ❑ Are permits required for any aspect of the scope of work? ❑ Are public improvements required? ❑ Documents Required for Final Grant Application Copies of City permits, if applicable ❑ Detailed/Itemized Bids ❑ Before Pictures ❑ Copy of building's current certificate of occupancy (request at � orr@mylubbock.us) Architectural Renderings (if applicable) ❑ Architectural Plans (if applicable) ❑ After Completion of Construction Certificate of Occupancy or Similar City Document Approving � Completion (Applicant responsible for final scope of work matching approved scope) Proof of Payment: PAID Invoices (must reference the approved project) ❑ Processed Checks, Bank or Credit Card Statements � matching PAID invoices (legible copies) Signature (not required for electronic submittals): JQ Edits Date: 10/16/2023 MLI 6.10.22 w � ° �' I ' � . ._ ..�r�... 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LLC :dr� ��'t�� .'r°�^�7 v a�� � � � (1.o.n � � �.. � �_ _ � �:: �r �. �; � � .. �..�a...� � e �a..a.ms.� � � � � � � � �� a ...� n.�r $ .a s� • CENTURY COCKTAIL BAR - TENANT IMPROVEMENT PERMIT SET, ISSUED 11H0/22 PROJER QgORMA7WN PRQIECi 7EAM SYI�BOLS 9BBRSIi.�s. � m.0000u ��ii��• + e. � a� '�p aa� � '�f� C�.'i��v� � �...e ��"s'� - e � �....�� �.�� �� � .��s� � o �^"��,., � ONtlAl�lf.lEf Z � � d � w�r '�a':�'w''0�"��'ie�ma ...."t'n�Tr'�' "L.�. � � .om� �, S:C.:i � e.�.e.a,. C'�e."�'..'k�'Y"" �i@�.�,.�.�..e .m � .� �"�.'3'�'S� � , �e�. s:i�� • . —1� ���rv�s u car,srnucnoN DOq1MEH75 CEI�fURV �� � COVERPAGE s � A00 ��.�. S�. «< �� �-°�.,:_ �� ��� ,� .; �:��� `���! 0 � � ♦ , � � February 6, 2022 Finn Walter and Arden Ward Nicolett Restaurant 511 Broadway Lubbock, TX 79401 Dear Finney and Arden, Thank you for the opportunity to present this proposal for architectural services for a new cocktail bar tenant improvement project adjacent to the Nicolett. In this proposal we have included our understanding of the project scope, our recommended services, fee and a proposed schedule for our work. Should you have any questions regarding this proposal, please let us know so that we can review them together. The Project: We understand the proposed project is the design of a cocktail bar and seating within the existing 1,800 square foot storage garage building adjacent to the Nicolett restaurant on 511 Broadway, Lubbock, TX 79401. The cocktail bar will feature an open layout to seat 40-60 patrons and will include an accessible restroom, storage space, a bar with 10-20 barstools, and an outdoor seating area. Architectural Services: Somewhere Studio, LLC will provide architectural design services for the project that include three phases: Preliminary Design, Construction Documents and Construction Administration. Preliminary Design Phase will include programming and conceptual building design. We will work through sketches, sharing of imagery, dimensioned plans and elevations, furniture and finish selections and rendered perspective drawings to establish a design concept for the project that fits your functional needs and aesthetic aspirations. Construction Documents will include stamped and sealed site plan, building plans, elevations, schedules, details and specifications as required by City of Lubbock for the permitting of project. These documents will also form the basis for bidding the project to general contractors and subcontractors, and we will assist during the bidding process by answering questions and providing additional information as requested. Construction Administration services are included without charge in this proposal as we appreciate the opportunity to respond to inquiries or requests to the documents that we prepare, review submittals, and participate in observational site visits as requested. Compensation, Payments and Schedule: Because of our current workload, we could begin the preliminary design work for your project on March 15. We estimate that Preliminary Design Phase will take up to 8 weeks, and the Construction Documents Phase will take an additional 8 weeks. Based on the proposed project approach, our proposed fee would be as follows: Preliminary Design: $4,000 Construction Documents: $5,000 Construction Administration: included w/ CDs Somewhere Studio will bill the owner monthly for the percentage of the phase completed. Somewhere Studio, LLC. 521 N Olive Ave, Fayetteville, AR 72701 p.1 of 2 Please feel free to call me if you have any questions. Thank you again for inviting us to work with you on this exciting project. Warm Regards, Accepted by Charles Sharpless General Conditions: 1. Engineering Consultants. This proposal does not include Civil, Structural, Mechanical, Plumbing or Electrical Engineering services. Prior to the commencement of Construction Documents, should a licensed engineer be required, we will solicit proposals from qualified engineering consultants to provide design services. The owner is responsible for engineering fees. 2. Permitting. This proposal assumes that the owner will submit the Construction Documents to the city of and pay all applicable permit fees. 3. Changes to Scope: We reserve the right to revise our fee and schedule should the scope of work, project size, budget or schedule change significantly from the assumptions given, or if there are any major changes after substantial completion of the CDs or due to unforeseen circumstances during construction. 4. Existing Conditions. The Owner is responsible to provide all information regarding the site including as-built documentation, surveys, soil reports and legal information as deemed necessary for the Project. The architect shall be entitled to rely on the accuracy of all data provided by the owner and its Consultants and shall use this documentation as the basis to perform the services of this proposal. For this project, it is requested that the owner provide measurements of the extents of the interior space, the location of doors and windows, and ceiling heights. 5. Copyright: Somewhere Studio, LLC retains copyright to the drawings that we prepare. 6. Standard of Care: Somewhere Studio, LLC shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. Somewhere Studio shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 7. The owner may terminate this proposal at any time during the project with written notice. Upon termination of this proposal, the owner agrees to pay for the portion of the work that has been performed. Somewhere Studio, LLC. 521 N Olive Ave, Fayetteville, AR 72701 p.2 of 2 � � Martin �ill's Heating & Air, �Lc "�'he Brand You Can Trust " PO Box 221 * New Home. Texas 79383 * 806-438-0433 TACLB00026735E July 11, 2023 Attn: Finn Walter @ The Nicolett Email: finn@thenicolett.com Re: The Nicolett New Bar / 511 Broadway St, Lubbock TX We are pleased to quote the HVAC on the above project. The price below includes all equipment, materials, permits and labor that will be necessary to ensure a complete job. This bid does not include tax if applicable. Install as per plans with exception of unit brand, we will use Carrier ➢ Total Estimated Price: $24,750.00 We appreciate the opportunity to quote this project. Please be aware that this bid is valid for only thirty (30) days. Please do not hesitate to call should you have any questions. Sincerely, Martin Gill (806) 438-0433 pLUMBING Aaron Long * 806-729-7978 * 4914 CR 5300, Lubbock, TX 79415 August 22, 2023 Bid for: Century Cocktail Bar — 511 Broadway Plumbing bid: $ 40,356.67 A&L Plumbing, LLC, will do the underground rough-in, top-out, and setting of fixtures. Will tie into existing sewer line and grease trap, if line is at appropriate depth for needed fall, and will tie into new water meter. Includes saw cutting, busting, and removing concrete. Customer will provide all fixtures per plumbing fixture schedule on plans. *This bid does not include any service taps, removing or replacing landscape, repairing damage to landscaping, or hauling off concrete. Also does not include purchase of an RPZ. ** A&L Plumbing recommends installing new grease trap and new city sewer tap, which is not included in this bid. Terms: 20% due at start of job, and draws will be made throughout the project. Approved by: Date: Estimate is good for 14 days, after which it may be withdrawn by A&L Plumbing if not accepted. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. PLUMBING: Texas State Board of Plumbing Examiners, P.O. Box 4200, Austin, TX 78765-4200 800-845-6584. Regulated by The Texas Department of Licensing and Regulation. P.O. Box 12157, Austin, TX 79711 1-800-803-9202, 512-463-6599; RMP #42968 ESTIMATE Light Bright Electric 15413 North County Road 1950 Lubbock, TX 79415 Kay Pruitt eu� co Kay Pruitt Estimate details Estimate no.: 1031 Estimate date: 08/14/2023 Expiration date: 08/21/2023 Product or service 1. Services Century cocktail bar lightb rightelectric�outlook.com Rough in Run conduit to location for piugs switches,etc Prep ceiling for lighting/lighting controls Install conduit for all lighting per plans Run power and data pathways per plans Run 2" conduit for new service and pathway per plans ( need to field verify) Trim out Install all new lights/ controls for lighting Install all devices Install all exterior lighting / exit signs per plans Label panel Check voftage Final inspections Includes all electrical permit fees $85,000.00 1 unit x $85,000.00 Total Expiry d ate w�s��r �rc� �°' �� a I,B � Amount $85,000.00 $85,000.00 08/21/2023 ROOFING & FOAM �sr. zoo� 702 Woodrow Rd. P.O. Box 64684 Lubbock, TX 79464 Phone:(806)863-3626 Fax:(806)863-3149 Finny Walters 511 Broadway Ave. Lubbock, TX WE HEREBY PROPOSE to furnish labor and materials complete in accordance with the specifications below. East Roof .........................................................................$ 22,295.00 • Tear off existing roofing and metal roofing down to the wood deck • Fully adhere 3" polyiso insulation board with Flexfast foam adhesive • Fully adhere 60 mil Carlisle TPO • Insta113/4" plywood on top of parapet walls for coping attachment • Install 22 gauge cleat and 24 gauge pre finished coping cap • Install 24 gauge eave edging at scupper • Install %2" tapered polyiso cricket to divert water to the scupper • Carlisle 15 year NDL warranty • ABF 2 year labor warranty MiddleRoof ..........................................................................$ 1,400.00 • Remove wrong pipe boots and install lead pipe boots and strip in • Remove wrong pitch pans and install new galvanized metal pitch pans • Cut out blisters in the modiiied and patch • Install modified at the scupper and strip in *Prices include commercial sales tax Payments to be made as following: 1. 40°/o upon start 2. Balance upon completion All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specification involving extra costs will be executed only upon written orders and will become an extra chazge over and above the same estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. ABF Commercial Roofing: Date: Authorized Signature: Date: Fincher Engineering, LLC 5621 114th St. Suite 100 Lubbock, TX 79424 Invoice Date Invoice # 11 /9/2022 1417 BILLING CONTACT Finn Walter The Nicolett 511 Broadway St. Lubbock, Tx 79416 �� Ctityof Lubbock 1E11i INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00195232 12/01/2022 12/31/2022 Due COMM-156404-2022 REFERENCE NUMBER FEE NAME TO7AL COMM-156404-2022 Building Permit Plan Review Fee $95.62 511 Broadway Lubbock, TX 79401 SUB TOTAL $95.62 REMITTANCE INFORMA710N City of Lubbock 1314 Ave K Lubbock, TX 79401 iOTAL $95.62 December 01, 2022 1314 Ave K, Lubbock, TX 79401 Page 1 of 1 BILLING CONTACT FINNEY WALTER FINNEY WALTER 511 Broadway Lubbock, Tx 79401 �r, Cityof I,ubbock 1EIIf INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOIC� DESCRIPiION 00195324 12/02/2022 01/01/2023 Due NONE REFERENCE NUMBER FEE NAME TOTAL CON-013669-2022 Contractor Registration - New $75.00 511 Broadway Lubbock, TX 79401 SUB TOTAL $75.00 REMITTANCE INFORMAiION City of Lubbock 1314 Ave K Lubbock, TX 79401 TOTAL $75.00 December 02, 2022 1314 Ave K, Lubbock, TX 79401 Page 1 of 1 BILLING CON7ACi Finn Walter The Nicolett 511 Broadway St. Lubbock, TX 79416 �� Ctityof Lubbock iElli INVOICE NUMBER INVOICE DATE INVOIC� bUE DATE INVOICE STATUS INVOICE DESCRIPTION 00209931 06/07/2023 07/07/2023 Due NONE REFERENCE NUMBER FEE NAME TO7AL CON-014902-2023 Contractor Registration - New $75.00 509 Broadway Lubbock, TX 79401 SUBTO7AL $75.00 REMITI'ANC� INFORMATION City of Lubbock 1314 Ave K Lubbock, TX 79401 TOTAL $75.00 June 07, 2023 1314 Ave K, Lubbock, TX 79401 Page 1 of 1 BILLING CON7ACT Finn Walter The Nicolett 511 Broadway St. Lubbock, TX 79416 �� �tityof Lubbock iElli INVOICE NUMBER INVOICE DA7E INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00209933 06/07/2023 07/07/2023 Due NONE REFERENCE NUMBER FEE NAME 70TAL COMM-156404-2022 Building Permit Issuance Price Difference Fee $45.62 Comm - Alteration/Remodeling $382.50 509 Broadway Lubbock, TX 79401 SUBTOTAL $428.12 REMI'YTANCE INFORMATION City of Lubbock 1314 Ave K Lubbock, TX 79401 TOTAL $428.12 June 07, 2023 1314 Ave K, Lubbock, TX 79401 Page 1 of 1 Avid Engineering, LLC PO Box 16742 Lubbock, TX 79490 US greg.lovett@avid-eng. com INVOICE BILL TO Somewhere Studio 521 N Olive Ave Fayetteville, AR 72701-3526 PROJECT NUMBER 2022.0604 DATE 07/27/2023 General Labor CAD modelling PE-Analysis & Design PE-Analysis & Design CAD Work PE- PE-Analysis & Design CAD Work Administrative work PROJECT NAME 511-509 Broadway renovation DESCRIPTION Existing structural survey Construct structural models for Engineer PE modelling trusses from CAD to Analysis Professional Engineerwork ComputerAided Design Review of design and CAD Professional Engineerwork-redesign for unit locations ComputerAided Design General office work Thank you for your business� I take credd cards, checks, and cash. For credit gALANCE DUE card payments please call 806-787-8422. A convenience (ee of 3% will be applied to all non-cash payments. We accept cash, checks and CC's. Visa, Mastercard 8 Discover. If paying by check, please include the invoice # in the memo area of the check. You may keep this invoice for your records. Any accounis not paid in full in 30 days will be subject to a late payment charge of 2.5% on lhe unpaid, past due balance assessed monthly. INVOICE DATE TERMS DUE DATE QTY 4 2 1076 07/27/2023 Net 30 08/26/2023 RATE 60.00 75.00 4 175.00 10 175.00 4 125.00 1 175.00 3 175.00 1 125.00 1 95.00 AMOUNT 240.00 150.00 700.00 1,750.00 500.00 175.00 525.00 125.00 95.00 $4,260.00 Page 1 of 1 A►VID ENGINEERING LLC �obi/e ini�i . Mobile Mini inc Your Sales Representative wi ��scoT 1201 E 40th Street Jacob Murphy � Lubbock TX 79404 Phone: " Toll Free: 800-782-1500 Email: jmurphy@mobilem ini.com Agreement Number: Q-1425479 Revision: 2 Date: 6/21/2023 Expiration Date: 7/21 /2023 Lease Agreement Lessee: The Nicolett 511 Broadway Street Lubbock, TX 79401 Rental Pricing Per Billing Cycle 20' CONTAINER Container Guard Keyed Different - Rental PERSONAL PROPERTY EXPENSE LOSS DAMAGE WAIVER Minimum Lease Billing Period: 3 Ship To Address: 511 Broadway St Lubbock, TX 79401, US Estimated Delivery Date :6/2112023 Quantity Price 1 $ 150.40 1 $ 11.00 1 $ 6.32 1 $ 24.06 Total Recurring Building Charges: Extended $ 150.40 $ 11.00 $ 6.32 $ 24.06 $ 150.40 Subtotal of Other Recurring Charges: $ 41.38 ToWI Recurring Charges Per Billing Cycle: $ 191.78 Total Recurring Charges Per Billing Cycle Including Estimated Taxes: $ 207.60 Estimated Delivery And Installation Delivery - 8' wide Flatbed 1 $ 200.00 $ 200.00 Fuel Surcharge Retum Fuel Surcharge Delivery Retum - 8' wide Flatbed $ 54.00 $ 54.00 $ 200.00 Total Delivery and Installatfon Charges: Total Delivery and Installation Charges Including Estimated Taxes: $ 54.00 $ 54.00 $ 200.00 $ 508.00 $ 549.92 Estimated Final Return Charges* Due On Final Invoice*: $ 0.00 Due On Final Invoice Including Estimated Taxes*: $ 0.00 Total Including Recurring Billing Charges, Delivery, Installation and Return**: $ 1,083.34 Total Including Recurring Btlling Charges, Delivery, Installation and Return Including Estimated Taxes*"': $ 1,172.72 Scope Of Work Summary of Charges Model: 20' CONTAINER Quantiry: 1 Total Charges for (1) Building(s): $ 1,083.34 Total Charges for (1) Building(s) Including Estimated Tax: $ 1,172.72 Additional Services: For your convenience, we also recommend the following items (not included in this Agreement) BY INITIALING BELOW, BUYER/LESSEE/CUSTOMER HEREBY ACKNOWLEDGES AND CONFIRMS THAT IT HAS SELECTED THE INITIALED RECOMMENDED ITEMS TO BE ADDED TO THIS CONTRACT AND AGREES TO PAY THE ADDITIONAL SPECIFIED AMOUNT(S) IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS CONTRACT. Initial Recommended Items Billing Frequency Qty Price Extended Contact: Finn Walter 511 Broadway Street Lubbock, TX 79401, US Phone:7078128114 Email: finn@thenicolett.com Page 1 of 4 �obi/eini�i. Mobile Mint inc Your Sales Representative W 1 LLSCOT 1201 E 40th Street Jacob Murphy � Lubbock TX 79404 Phone: " Toll Free: 800-782-1500 Email: jmurphy@mobilemini.com Agreement Number: Q-1425479 Revision: 2 Date: 6/21 /2023 Expiration Date: 7121 /2023 Insurance Requirements Addendum QTY PRODUCT P��YK�]�YL11►1=1� Lessee: The Nicolett EQUIPMENT VALUE/BUILDING $4,280 DEDUCTIBLE PER UNIT $0.00 Pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("AgreemenY'), a Lessee is obligated to provide insurance to Williams Scotsman, Inc. ("Lessor") with the following insurance coverage: 1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence, naming the Lessor as Additional Insured and Loss Payee. 2. Commercial Property Insurance: covering all losses or damage, in an amount equal to 100% of the Equipment Value set forth in the Lease providing protection against perils included within the classification and special extended perils (all "risk" insurance), naming the Lessor as Additional Insured and Loss Payee. By signing below, the Lessee agrees to the terms and conditions stated herein. All other general Terms and Conditions of the Agreement shall remain the same and in full force and effect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the other party on this Addendum. Any such signature shall be treated as an original signature for all purposes. Commercial General Liability Insurance Lessee is providing Commercial General Liability Insurance in accordance with the requirements set forth in the Lease Agreement and Lessee shall provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. Damage Waiver Program Lessee elects to participate in the Lessor's Damage Waiver Program. Lessee understands and agrees that under this program, the Lessor waives, for a fee, Lessee's obligation to carry Commercial Property Insurance and Lessee's liability to Lessor for repair or replacement of the modular units leased from Williams Scotsman resulting from loss or damage as specified in the Lease Agreement. Lessee remains liable to Williams Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific details on coverage, exctusions and restrictions on coverage. The Property Damage Waiver is not and shall not constitute a contract for insurance. Signature of Lessee: Print Name: Date: Page 2 of 4 wi��scor � � � �. Mobile Mini inc Your Sales Representative mob�/e mi�i 1201 E 40th Street Jacob Murphy � Lubbock TX 79404 Phone: Toll Free: 800-782-1500 Email: j m u rphy@mobilem i n i.com Agreement Number: Q-1425479 Revision: 2 Date: 6/21 /2023 Expiration Date: 7/21 /2023 Clarifications 'Final Return Charges are estimated and will be charged at Lessor's prevailing rate at time of return. **All prices include estimated taxes if applicable. All Lessees and Leases are subject to credit review . In addition to the stated prices, customer shall pay any local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above ("EquipmenY'), its value or its use. Lessee acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual serial number(s), delivery date(s), lock serial number(s), etc, if necessary and Lessee will be supplied a copy of the updated information. Prices exclude taxes, licenses, permit fees, utility connection charges, site preparation and permitting which is the sole responsibility of Lessee, unless othervvise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise affect delivery, installation, dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional charges, as applicable. Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery. Lessor is not responsibl� for changes required by code or building inspectors. Pricing is valid for thirty (30) days. Please note the following important billing terms: • In addition to the first billing period rental and initial charges, last billing period rent for building and other recurring rentals/services (excluding General Liability Insurance and Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams Scotsman will be credited on the final invoice. • Invoices are due on receipt, with a lwenty (20) day grace period. Interest will be applied to all past due amounts. • Invoices are due on receipt, with a hventy (20) day grace period. Late fees will be applied to all past due amounts. • Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next invoice following payment by check. • Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or use MMConnect. Invoices sent standard mail are subject to a paper invoice fee, charged on the following invoice. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added Products (as such items are defined in Lessor's General Terms 8 Conditions) selected by Lessee as set forth in this Agreement. All such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the "Equipment". By its signature below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (6-3-22) located on Lessor's internet site (htt�s:llyywwyvillscot.com/AbouUterms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with a copy of the General Terms 8 Conditions upon written request, Lessee should print copies of this Agreement and General Terms & Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. Invoicing Options (select one) ] Paperless Invoicing Option Williams Scotsman prefers electronic invoicing, an efficient, convenient and environmentally friendly process. To avoid fees, provide us with the proper email address for your invoices. Corrected Email Address: ] Standard Mail Option Customer prefers to receive paper invoice via mail. Fees may apply. Invoices will be mailed to: Enter a new billing address: Page 3 of 4 inobi/e ini�i . Mobile Mini inc Your Sales Representative W I LLSCOT 1201 E 40th Street Jacob Murphy � Lubbock TX 79404 Phone: " Toll Free: 800-782-1500 Email: jmurphy@mobilemin i.com Signatures Lessee: The Nicolett Signature: Print Name: Title: Date: PO#: Agreement Number: Q-1425479 Revision: 2 Date: 6/21I2023 Expiration Date: 7/21/2023 Lessor: Mobile Mini inc Signature: Print Name: Title: Date: Page 4 of 4 �:NERSTONE • CESSIBILITY 4210 E. Municipal Dr. #6, Lubbock, TX 79403 Phone: (806) 790-9227 Email: barrierfreetx@aim.com Fax: (806) 744-2490 INVOICE Bill To: Finn Walter 4603 13`h St Lubbock, TX 79416 Attn: Finn Walter For: TABS # TBD Texas Accessibility Standards Review Fees Cocktail Bar The Nicolett 511 Broadway Lubbock, TX 79401 CAS File #220368 11/15/2022 DESCRIPTION RATE AMOUNT TAS Review Fees (Construction Cost $50,000-$200,000) $250.00 $250.00 TDLR Project Registration $175.00 $175.00 Printing costs $ 10.00 $ 10.00 PayPal fee 3% $ 15.23 $ 15.23 TOTAL DUE $450.23 Please make all checks payable to Cornerstone Accessibility Services and reference the CAS File #. Total due prior to services being rendered and is non-refundable as per Texas Department of Licensing and Regulation Administrative Rules section 68.80(d). THANK YOU FOR YOUR BUSINESS!