The URL can be used to link to this page

Home My WebLink AboutResolution - 2023-R0456 - MOU Between CBD TIF & HTG Lubbock, LLC, Inn Town Lofts, 1202 Main St - 09/26/2023Resolution No. 2023-R0456 Item No. 5.7 September 26, 2023 RF�SOLUTION BE IT RESOLVED BY THE CITY COUNCII.OF THE CITY OP LUBBOCK: THAT the City Council of the City of Lubbock does hereby approve a Memorandum of Understanding, Agreement No. 17603, by and between the Lubbock Central Business District Tax Increment Financing Reinvestment Zone Advisory Board ("CBD TIF") and the HTG Lubbock, LLC ("HTG"), a Texas limited liability company, to fund utility and stormwater infrastructure construction and relocation for the Inn Town Lofts project at 1202 Main Street, Lubbock, Texas, and related documents. Said Memorandum of Understanding is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on the 26th__ day of September , 2023. ATTEST: Courtney Paz, City Secretary APl'ROVED AS TO CONTI?NT: D. u Ko elich, Chie ' ncial Officer ROVED AS TO PORM: � , Senior Assistant City Attorney ccdocs:llRes.MOU CI3D'I'll' and 11'I'G 9.19.23 Resolution No. 2023-R0456 STATE OF TEXAS COUNTY OF LUBBOCK MEMORANDUM OF UNDERSTANDING BETWEEN THE CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCING REINVESTMENT ZONE AND HTG LUBBOCK, LLC This Memorandum of Understanding (the "MOU"), Contract No. 17603, is made on this 26th day of September , 2023, by and between the Lubbock Central Business District Tax Increment Financing Reinvestment Zone Advisory Board ("CBD TIF") and the HTG Lubbock, LLC ("HTG"), a Texas limited liability company, to fund utility and stormwater infrastructure construction and relocation for the Inn Town Lofts project at 1202 Main Street, Lubbock, Texas (the "Project"), the location of which is within the CBD T[F zone. WHEREAS, during a special meeting on September 12, 2023, the CBD TIF approved utilizing CBD TIF funds to provide HTG funds for the Project; and WHEREAS, this agreement is conditioned on HTG acquiring the property at 1202 Main Street, Lubbock, TX and shall be on a reimbursement basis only. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this MOU, the CBD TIF and HTG hereby agree as follows: 1. TERM OF MEMORANDUM OF UNDERSTANDING This MOU shall have a term of twenty-four (24) months from the effective date herein. 2. CBD TIF RESPONSIBILITIES This MOU shall be of no effect if HTG is unable to complete the sale and become the owner of the property 1202 Main Street, Lubbock, Texas (the "Property"). Further, no funding shall be provided to HTG for the Project, until Project completion, acceptance of the infrastructure by the City of Lubbock (the "City"), and I ITG receives a certificate of occupancy for the building on the Property. Funding contemplated herein shall also be strictly on a reimbursement basis, which shall require any and all documentation to be given to the CBD TIF demonstrating the actual cost of construction paid by HTG for the Project, and the as-built drawings for the Project have been provided to the engineering staff at the City. The details and estimated cost associated with the Page 1 of 4 Project are attached hereto as "Exhibit A" and incorporated herein. In accordance with the terms herein the CBD TIF shall provide to HTG funding for the Project in an amount not to exceed two hundred twenty-five thousand and NO/100 ($225,000.00). 3. HTG LUBBOCK, LLC RESPONSIBILITIES HTG shall be responsible for the completion of the Project as set forth herein and detailed in "Exhibit A". Upon completion of the Project, HTG shall provide all documentation to the CBD TIF demonstrating actual Project costs and proof of a certificate of occupancy issued for the building on the Property after the renovations to the Property are complete. Additionally, HTG shall provide the City's engineering department with all as-built drawings for the utility work completed in order to receive reimbursement for the Project. NOTICE A. General. Whenever notice from HTG to the CBD TIF or the CBD TIF to the HTG is required or permitted by this MOU and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); (3) email; or (4) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. HTG's Address. The HTG's address and numbers for the purposes of notice are: HTG Lubbock, LLC C/O HTG Lubbock Member, LLC Matthew Rieger, Manager 3225 Aviation Avenue, 6`h Floor Coconut Grove, FL 33133 Telephone: 305-860-8188 Email: operationalcontact TX@htgf.com C. City's Address. The City's address and numbers for the purposes of notice are: Blu Kostelich, CFO City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: bkostelich@mylubbock.us Telephone: 806-775-2212 Page 2 of 4 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this MOU, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. 5. NO LIABILITY No liability will arise or be assumed between the parties as a result of this MOU. All parties to this document will act in good faith to achieve the goals of the MOU in a reasonable time frame. This MOU is a good faith expression of the intent of the Parties. 6. NO JOINT ENTERPRISE This MOU is not intended to, and shall not be construed to, create any joint enterprise between or among the Parties. 7. GOVERNING LAW This MOU will be governed by the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this MOU shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. 8. AMENDMENTS No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the CBD TIF and HTG. 9. ENTIRE AGREEMENT This Agreement, including "Exhibits A" attached hereto, contains the entire agreement between the CBD TIF and the HTG, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. The City of Lubbock Tray Pa e, ayor The Central Business District Tax Increment F' ancing Reinvestment Zone Dan Williams, Chairman Page 3 of 4 HTG Lubbock, LLC a Texas limited liability company APPROVED AS TO CONTENT: Blu Kostelich, hief Financia fficer APPROVED AS TO FORM: J , _ �l elli Leisure, Senior Assistant City Attorney By: HTG Lubbock Member, LLC a Florida limited liability company, its Managing Member � Matthew Rieger, Manager Page 4 of 4 HTG September 8, 2023 Lubbock Central Business District (CBD) Tax Increment Financing (TIF) Reinvestment Zone Board c/o Brianna Brown, Business Development Director Citizens Tower, 1314 Avenue K, Lubbock, TX, USA RE: Inn Town Lofts —1202 Main St. — Utility and Infrastructure Cost Reimbursement Dear Board Members, HTG Lubbock, LLC, ("HTG") is requesting the Lubbock CBD TIF to enter a Memorandum of Understanding ("MOU") to reimburse the costs associated with abandoning and undergrounding the utilities caused by the platting of the Inn Town Lofts development site and the alley closures. These costs are $328,243.72 and summarized in the table below: Site Utilities $167,785.93 Storm Water $ 47,550.00 Vexus $ 49,776.43 Optimum $ 42,956.12 Optimum Cost Add (Rock) $ 12,245.77 AT&T $ 7,929.47 Total: $ 328,243.72 Inn Town Lofts is an affordable housing redevelopment that will consist of 56 units built in two buildings: a new construction building containing 14 units, and the adaptive reuse of the long vacated and dilapidated Inn Town Inn/limmy Kimmel Center which will contain 42 units. Since Inn Town Lofts is an affordable housing development, there are no additional funds that we can access to pay for the additional utility and infrastructure costs nor can we increase the development's rents to generate more income funding for the redevelopment, thus the request. Approving the MOU will not only improve the developmenYs financial feasibility, but it will also improve the aesthetic of Downtown Lubbock while providing 56 units of much-needed affordable housing. Supporting documentation is attached as well as the site plan and several 2D renderings. We look forward to your approval. Sincerely, HTG LUBBOCK, LLC, a Texas limited liability company By: Matthew ' er, Manager of Managing Member HOUSING TRUST GROUP 3225 Aviation Avenue, 6'h Floor • Coconut Grove, FL 33133 • 305-860-8188 www. htaf.com HTG R • � 1 �....., i i � � 1 t � . 1/� � RENOVATED ARCHITECTURAL SITE PLAN HOUSING TRU57 GROUP 3225 Aviation Avenue, 6'h Floor • Coconut Grove, FL 33133 • 305-860-8188 www.htsf.com HTG �:___ �_�__ �____ �_-__ �_�__ �__� � �. _. RENOVATION NORTH ELEVATION �-'--- �-•-_ +.L3• � [�t'_' Y �� RENOVATION RENOVATION EAST ELEVATION HOUSING TRUST GROUP 3225 Aviation Avenue, 6�n Floor • Coconut Grove, FL 33133 • 305-860-8188 www.htaf.com HTG �____ �____ �____ .�__._ �.__._ ,__,_._,__.,��, , , , , , , � _; . . . . � ��______ .�.._______ �________ �.. ______ i�----�----- r'iii9nif � � 1�� I�� 1�� 1� � 1� �.11 �� 1� � 1� �"a �I �� 1 `' ♦ f 7 • HOUSING TRUST GROUP 3225 Aviation Avenue, 6"' Floor • Coconut Grove, FL 33133 • 305-860-8188 www.ht�f.com �_� HTG �xto�rr ELEvaTror _ _..� _� _� z� xEax Er.Fv,�no?v . =■==■_■=��= == —. -- —._ — __ _�_ �•� •• � �■ _! __ , . ■, �k;�=� i�_- == I► = � , _ � , �� -- --- - _: � . . _ ._._��_ .-._._■_■_�= . . ■ � �._■ . . . — _ -1 _ � HOUSING TRU57 GROUP 3225 Aviation Avenue, 6'h Floor • Coconut Grove, FL 33133 • 305-860-8188 www.htsf.com HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N/ LUBBOCK, TEXAS 79401 1 806-76�-5642 I FAX 806-76�•3881 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 September 6, 2023 Brianna Brown Business Development Director City of Lubbock RE: Inn Town Lofts TIF, 1202 Main Street Ms. Brown: Hugo Reed and Associates has reviewed the attached bid documents from MAEGA Energy Services and V-tech Environmental Services. The quantities appear to be in line with what is proposed for the project. The pricing associated with the bid documents appears to be in line with current costs for the work being performed. If you have any questions, please feel free to reach out to me. Sincerely, K ueger Brodbeck, P.E. Senior Project Engineer Justin Tuttle From: Chad Henthorn <chad@teinert.com> Sent: Wednesday, August 23, 2023 420 PM To: Jordan Finkelman; Eduardo Ardavin; Mike Kleffner Cc: Justin Tuttle; Joe Cantrell;lacob Kirkland; Daniel Horton Subject: RE: Inn Town Lofts - Revised Plan Update Attachments: doc20230823141540002364.pdf Jordan, Here is the breakdown and attached bids: *$160,285.93 Utilities Bid 165,786.00 (see bid from MAEGA) Tap & Meter Fees 7,500.00 TOTAL SITE UTILITIES 173,286.00 "$167,785.93 SWPPP Bid 21,950.00 (see bid from Vtech) Construction Entrances (2) 5,600.00 Street Cleaning & Maintenance 20,000.00 TOTAL STORMWATER 47,550.00 Chad Henthorn, CSI, LEED AP President ,�I TEINERT Teinert Construction, Inc. 1402 Crickets Ave. I Lubbock, TX 79401 806.744.2801 Office I 806.744.2401 Fax I 806.548.0153 Cell www.teinert.com From: Jordan Finkelman <jordanf@htgf.com> Sent: Wednesday, August 23, 2023 2:14 PM To: Chad Henthorn <chad@teinert.com>; Eduardo Ardavin <eduardoa@htgf.com>; Mike Kleffner <MikeK@wallacearchitects.com> Cc: Justin Tuttle <Justint@htgf.com>; Joe Cantrell <josephc@htgf.com>; Jacob Kirkland <jacob@teinert.com>; Daniel Horton <daniel@teinert.com> Subject: RE: Inn Town Lofts - Revised Plan Update Hi Chad, We are preparing to request a utility reimbursement request from the City. The timing of funding would probably be either during construction or after completion but we want to make the request now. That said, could you please provide the backup for these two items that we can share with the city? Thanks. MAEGA ENERGY SF.RVICES https:,[f maegaenes•�,y.c;om/ SOU1 WEST LOOP 289 'IITE 207 LUBBOCK, TX 79414 dnanda mae�aenerF v.c�m 432-250-8832 BILL TO 'I'einert Canstruction WATER PIPE 34U �� P�C C-9U0 DR-18 PIPE 100 �� PVC G9U0 D!2-lII PII'E �a 6" PVC C-900 DR-18 PIPL VALVES 2 6 AVK �tGS Ul MJ GV 1 £3 AVK #GS UI MJ GV 1 8 AVK #G5 Dt MJ GV 1 6 AVK #GS DI MJ GV . '�- �� ENER�3Y SERVI�ES CONTACTINfO Contact: CQN7'EN NANCE 'y � E-Mail: CNANCEC�TEINER'[:CUM Plione: 806-773-0295 PAYMENT TERMS Contract�~...��.r+.. F�,rx� ' ' •- � �.�nt- n d �, r -^�-.,��,� s--� ,.L"' c �i. %r,:hy[��gs.� �''� � �,•��.aa.�t'�as3 -�z- -�c` .l�? �y'`'=,��r y'Cr'� � a .a,y 3�'��-`{r.s "� Ec�` Ys � �! �` �y�y � �+ y�. S� { 3 S a -c�� ,`'i��i, -v+,�A��Y � S �,~��Y �`�� t��,j 1�� f� yR}'�7r�� .�. . . . . . , . . . � . . .. ...j.i^''C`s.e..,. 2 �" .%'Yf� �4c:•�...c�-.k£+.nYN�..-.` �7..'� �i.�L.: � rF} x�r ,�.e!`PA�4?.hGTF.6.��.1n.h re W-1 U+00.0-3+26.1 $45.7t3 $15,5G5.54 2 W-� �E�•t0 ' $35.87 $3,586.90 W-2 $35.E37 $2,869.52 W-2 ►� 1'APP(NC VALVG 7'A!'I'1NG VALVE $1,312.55 $1,795.09 $1,360.�9 $877.55 $2,625.10 $1,795.09 �1,360.09 $877.55 TAPPING SLEEVE (WET TAP) � i . . o . � •� • � • � • � � • e � � 1 12X8 SS TAP SLV WET TAP $9,456.79 $9,456.79 1 lOX6 SS TAP Si V WrT'fAP $7,539.94 $7,539.94 TESTING � • � �� • � �� • •• � , . . TESTING TEST PORT $779.25 $779.25 SAllDLE/CORPSTOP Page 1 HYbRAN7 �,� . . , �..e , yi�s�,�;i�- .� �� : k• ;' .8 �,.�ki.-+' '��+� 9N� � ^3�'.;. �E��"{r-,�y.�ily�s,'� '� �$! A� � . . . ..,. . _ ;m�, � �.e� 'r; � ��, . �� .- ' .3' ' `J � vva' S. `'�L��V�� •.Jt ..aH` 1 5'BI.tRY 3WAY AVK $4,782.50 $4,78"L.SU FIRE HYD WATER SERVICE TAP$ � , .. .� •• •� � s � � e 3 WATER SF.RVICG TAP 2�� WpTER TAP $4,(?23.25 $12,069.75 (DOM ESTIC) _ SEWER PIPE 84 3G0 84 8 PVC SUR35 5WR P1P� S � (G) 14' 8 PVC SUR35 SWR }'1P� (G) 1 �4' $38.U7 $52.�31 $3,1�)7.50 $] 9,010.70 G PVC SDR35 SWR N1PL" (G) 14' SEWER SERVICE TAPS •� � � • � 3 8X6 PVC SUR35 SWR SLRViCE TAP SAN 'CEE MANHOLES � SEWER SERVICE 4" CLIsANOUT CLEANUUT $32.90 $1,G94.25 $2,763.SG $5,082.75 $88425 $884.25 C�age 2 ADDITIONAL SERVICES � -.�•�:�; x G<�:,: - - �, ,;�_ � � F-L` �.�� a x a• '� b � �7F.;�'4" i�` 3'- F C - '-i+#s�� •i =g��' S'S�. �� a:'r'; �-��w � 'f ' =��;�� . . _, .- � - .. ,.. _ . . � . . _ ,. _ _, � CAST IRUN/DUCTILE g MJ TEE $399.y4 $399.94 1RUN rlTTINGS 2 CAST 1RON/DtJ(:T1LE gX6 MJ TEE $352.19 $7U4.38 IRON f ITTINGS y CAS'I'IRON/UUCTILE g MJ'l'L-1/2 $272.32 $54h.63 (RON FI'I"fINGS 1 Ct1ST (RON/Dl!(:TILE g MJ 90 C153 $309.5$ $309,58 IRON f'IT"1'INGS 2 CAST IRON/DUCTILE IRON PI'I"CINGS CAS'1' IRON/DUC'1'ILE IRON i'ITTINGS G MJ 90 C153 8 PVC R�ST 6 I�VC RES'I' ALLEY REPAiR 60 YARDS SWR LINE CAP 20 YARDS ROAD CLOSURE 10 QAYS 120 F'f lb"CASE $252.79 $21.3,t34 $190.86 $3U,275.U0 $4,400.00 $6,50U.OU $18,475.U0 $505.57 $2,779.93 $1,145.14 $30,275.OU $4,400.00 $6,500.00 �i t3,475.U0 13 �� CAS'P 1RON/UUCT[LE IRUN l�l"P"I'INGS 1 CUNCRE"1'E C�MEN7' (3500PS1) 1 FLOWFILL 1 7'RAFFIC CONTROL ' CASING PIPE CUBIC YARD CALCULATOR (GRAVEL, FLOWABIE FILL, SAND, CEMENT} n °� • � �•e r►+ � GRAVEL 204.16G7 $15,142.37 CONSTRUCT[ON CI,AUSE: fF it is deCermined that Hard Rocic is present, Maega Gnergy wil) notify lhe Customer. Upon vcrificatiun hy customer, a$250.00 Per P'oot or $45Q.00 Per Hour, whichever is lower, will be assessed to the project. i)GPTH CLAUSG: Any Excavation deepei• than 7 Ft, a$120.00 per foot will he assessed to the project. The size ��f the water main must be verified to assess any changes in Material or Labor. Concrete or Asphalt work will be cost plus 30�%a fo�• Materials, $850.00 I.abor Cost Per Asphalt/Concrete Cut/Disl�osal and $1,700.00 for Asphalt/Concrete Repair/Re-lnstallation. TO ACCEPT TH1S QUOTE, P1.EA5E SIGN HERE: TNANK YOU FOR YOUR BUSINESS! Page 3 X Page 4 � �� . . - Quotation for Services �� 1510 Buddy Holly • Lubbock, TX 79401 •(806) 748-1700 •(806) 74&5012 Fax [NVIRdiVMENTAL SEF2ViCES • Compliance Seroices • Environmental Site Assessments • Groundwater Monitoring • Air Permitting • Asbestos Surveys • Construction Stormwater • Fuel Tank Removals - Seeding & Soil Reclamation To: Colten Nance (Teinert) From: Jarrod Redwine (JKR-10254) Email: cnance@teine�t.com Pages: 2(including cover) Phone: 806.744.2801 Date: April 4, 2023 Re: Inn Town Lofts CC: HUB, WBE, SBE & DBE Certified Mr. Nance: Thank you for giving us the opportunity to bid on the Inn Town Lofts project located at 1202 Main Street in Lubbock, Texas. V-tech is providing unit pricing for the different elements tha# are required under the TCEQ General Pennit for this project. Unit pricing is provided for the following tine items: SWPPP, Constn.iction Site Notices, Contract Review and Administration, City of Lubbock SWPPP Review Fee, Silt Fence or Sediment Log Installation, Silt Fence or Sediment Log Removal, Stabilized Construction Entrance, Driveway Transition, Sandbag Installation or Replacement, Inlet Protection, 14-Day {nspections or Service Callouts, Dewatering Inspections, and Dewatering Structures. Base Bid: Item Item Description ��F Total 1 SWPPP (Est. 1 EA) $1,000.00 $1,000.00 2 Construction Site Notices (Est. 2 EA) $175.00 $350.00 3 ConVact Review & Administration, Certified Payroll $1,900.00 $1,900.00 4 City of Lubbock SWPPP Review Fee (Est. 1 EA) $225.00 $225.00 5 Silt Fence or Sediment Log Installation (As Detailed on $3.00 $4,500.00 Sheets C140.10 Est. 1,500 l.F 6 Silt Fence or Sediment Log Removal (Est. 1,500 LF) $1.00 $1,500.00 � Stabilized Canstruction Entrance (As Detailed on $3,600.d0 $3,600.00 Sheets C140_10 24'x50' Est. 1 EA 8 Driveway Transition (Est. 1 EA) $750.00 $750.00 9 Sandbag Installation or Replacement (Est. 300 EA) $7.00 $2,100.00 10 Inlet Protection (Est. 3 EA) $225.00 $675.00 11 14 Day Inspections or Service Callouts {Est. 40 EA) $100.00 $4,000.00* 12 Concrete Washout (Est. 1 EA) Excluded Excluded 13 Dewatering Inspections (Est. 3 EA) $225.00 $675.00`" 14 Dewatering Structures (Est. 3 EA) $225.00 $675.00"* Project Total (Base Bid): a21,950.00 "Insnections are based on a 420-dav oroiect lenath. Additional charqes will be incurred for inspections after 420 days. "Callout Basis Only Option 1: Engineered Cost Savings - 20' x 40' Construction Entrance V-tech proposes to install a 20' x 40' construction entrance in lieu of the 25' x 50' construction entrance shown on the construciion drawings. Item Item Descri tion Per EAILF Total 1 Stabilized Construction Entrance (20' x 40') (Est. 1 EA� $2,800.00 $2,800.00* Option 1 Total: $2,800.00* Engineered Cost Savings: $800.00 TERMS AND CONDiTIONS: Payment Terms: Net thirty (30) days from receipt of invoice. A late payment charge of 1.5% will be added in the event payment is not made within thirty (30) days of invoice. Quotation Validiry: Quotation is valid for sixty (60) days. After sixty (60) days, prices and terms are subject to confinnation. Specia! Terms 8 Conditions: Change orders, major repairs, or catastrophic failures (flaoding, ice storms, grass fires, deep freezes, snow drifts, large hail z1", winds a 50 mph, andlor tornadoes) will be billed on a time and materials basis. V-tech will not be responsible for silt fence or sediment log maintenance if not performing storm water inspections. �ewatering inspections and structures will be provided on a callout basis only. EJCCLUSIONS: • Bid excludes a payment or performance bond. • Bid excludes replacement quantities for damaged erosion controls. • Bid excludes a unit price for the maintenance or removal of a stabitized construction entrance. • Bid excludes the installation or signage required for a concrete washout. • Bid excludes additional SWPPP requirements for a concrete batch plant andlor asphalt batch plant. • Bid excludes sediment removal (construction debris, trash, blow sand, etc.) from erosion control devices. • Bid excludes final stabilization, sodding andlor seeding. Quotation available upon request. • Bid excludes umbrella policy for GL and auto insurance. Additional fees will be incurred for higher premiums or specialty coverage. • Bid excludes additional fees for third-parly payment providers, 3-D modeling software, and cloud-based workflow solution software subscriptions (e.g.: Textura, Bluebeam, Revu, Procore). We sincerely appreciate the opportuniry to work with your company on this project. If you have additional questions, comments or concems, please call the office and a member of staff witl assist you. Best Regards, V-TECH ENVIRONMENTAL SERVICES Cy.%,Y, � �! %�. r•.... ,.., Jarrod Redwine Director of Construction Services • page 2