HomeMy WebLinkAboutResolution - 2016-R0029 - Master Developer Agreement With Mcdougal Land - 01/28/2016No. 2016-R0029
No. 5.3
try 28, 2016
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WHEREAS, the City of Lubbock welcomes new development projects and
encourages all independent developers to work in the revitalization initiative for
downtown Lubbock; and
WHEREAS, the City also recognizes the need for a Master Developer
Consultant; and
WHEREAS, Master Developer Consultant, McDougal Land Company, L.C. and
the City entered into an agreement known as the Downtown Revitalization Master
Development Consultant Agreement (the "Agreement"), effective January 1, 2009, for
Master Developer Consultant to act as consultants for the City and the CBD TIF in the
assessment process, in the development of land use policies, in the visioning and other
planning activities necessary to successfully redevelop, market and manage the urban
redevelopment area of Downtown Lubbock and in overseeing and implementing the
Downtown Revitalization Action Plan, and wherein, Master Developer Consultant
agreed to use private funding to acquire property, sell property and recruit businesses to
develop the downtown area; and
WHEREAS, the Agreement was scheduled to terminate December 31, 2013,
unless amended or extended by mutual agreement of the parties under terms of the
Agreement; and
WHEREAS, the City and the Master Developer Consultant amended the terms of
the Downtown Revitalization Master Developer Consultant Agreement through
Resolution No. 2013-R0460; and
WHEREAS, certain terms contained in the amended Agreement need
clarification as they relate to the advisory nature of the CBD TIF Board and its
requirements under the amended Agreement; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock this Second Amendment to
Downtown Revitalization Master Developer Consultant Agreement between the City of
Lubbock and McDougal Land Company, L.C. Said Second Amendment 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 January 28 , 2016.
GLEN O RTSON, MAYOR
ATTEST:
Rebe ca Garza, City Secretafy
APPROVED AS TO CONTENT:
RbbefrTaylor,-,Chairman,
Central Business District Tax Increment
Reinvestment Zone (CBD TIF)
APPROVED AS TO FORM:
Justi Pr itt, . ssi t City Attorney
ccdocs/RES.— Second Amendment Downtown Master Developer Consultant Agreement
January 6, 2016
Resolution No. 2016-R0029
SECOND AMENDMENT TO DOWNTOWN REVITALIZATION
MASTER DEVELOPER CONSULTANT AGREEMENT
This Second Amendment to the Downtown Revitalization Master Developer Consultant
Agreement ("Amendment') is entered into by and between the City of Lubbock, Texas, a Texas
home rule municipal corporation (the "City"), and McDougal Land Company, L.C., an affiliate
of the McDougal Companies (the "Master Developer Consultant').
WITNESSETH:
WHEREAS, the City of Lubbock welcomes new development projects and encourages
all independent developers to work in the revitalization initiative for downtown Lubbock; and
WHEREAS, the City also recognizes the need for a Master Developer Consultant;
Master Developer Consultant and City entered into an agreement effective January 1, 2009, for
Master Developer Consultant to act as consultants for the City and the CBD TIF in the
assessment process, in the development of land use policies, in the visioning and other planning
activities necessary to successfully redevelop, market and manage the urban redevelopment area
of Downtown Lubbock and in overseeing and implementing the Downtown Revitalization
Action Plan, and wherein, Master Developer Consultant agreed to use private funding to acquire
property, sell property and recruit businesses to develop the downtown area; and
WHEREAS, the Agreement was scheduled to terminate December 31, 2013, however,
the Agreement was amended to provide a five-year extended term through Resolution No. 2013-
R0460; and
WHEREAS, certain terms contained in the amended Agreement need clarification as
they relate to the advisory nature of the CBD TIF Board and its requirements under the amended
Agreement; NOW, THEREFORE, the City and Master Developer Consultant agree to a Second
Amendment of the Agreement as follows:
Second Amendment to Master Developer Consultant Agreement
January 2016 Page I
1. The last paragraph of Amended Exhibit D entitled "Years Two, Three, Four and Five" is
deleted and replaced by the following:
"Years Two. Three. Four and Five
For years two, three, four and five of this Agreement, sixty days prior to each anniversary date
for this Agreement, the Development Committee of the CBD TIF Board will meet with the
Master Developer Consultant to review the Master Developer Consultant's performance of the
deliverables listed in this Amended Exhibit D. The Development Committee's review of the
Master Developer Consultant's performance shall be submitted to the CBD TIF Board for its
review and approval. Due to the advisory status of the CBD TIF Board and its Development
Committee, any recommended adjustment to this Agreement or any additional action required of
the Master Developer Consultant that is recommended by the Development Committee or the
CBD TIF Board shall require City Council approval."
The parties enter into this Second Amendment to the Downtown Revitalization Master
Developer Consultant Agreement on January 28 , 2016.
CITY OF LUBBOCK
CiLEN C. R)6 AYOR
ATTEST:
Rebekca Garza, City Secretajy \
APPROVED A O CONTENT
Rd>eKtay—Ior, Clairman
Central Business District Tax Increment
Reinvestment Zone (CBD TIF)
APPROVED AS TO FORM:
Justin P101
, Assista t City Attorney
Second Amendment to Master Developer Consultant Agreement
January 2016
MASTER DEVELOPER CONSULTANT:
McDOUGAL LAND COMPANY, L.C.
By: Delbert McDougal, Manager
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