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HomeMy WebLinkAboutResolution - 2016-R0340 - Development And Funding Agreement - Lubbock 1610 Broaday - Central Business TIF - 09/22/2016Resolution No. 2016-RO340 Item No. 7.10 September 22, 2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Development and Funding Agreement for the construction of public improvements within the Central Business District Tax Increment Financing Reinvestment Zone, by and between the City of Lubbock and Lubbock 1610 Broadway, LLC, of Lubbock, Texas, and related documents. Said Development and Funding Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on September 22, 2016 DANIEL M. POA, MAYOR ATTEST: RaGc -'!f -4 - b,ca Garza, City Secr to APPROVED AS TO CONTENT: C�yC (�wch) APPROVED AS TO FORM: f Justin Pru' t, ssistan ity Attorney �j ccdocs.!RES Agreement - Lubbock 1610 Broadway, LLC - Central Business District TIP Improvements September 6, 2016 Resolution No. 2016-RO340 DEVELOPMENT AND FUNDING AGREEMENT THIS DEVELOPMENT AND FUNDING AGREEMENT is entered into this 22nd day of Se tp embe>; 2016, by and between LUBBOCK 1610 BROADWAY, LLC, a Texas limited liability company; the CITY OF LUBBOCK, TEXAS, a Texas municipal corporation; and, the CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCING REINVESTMENT ZONE, a reinvestment zone in Lubbock, Texas established under Chapter 311 of the Texas Tax Code. RECITALS WHEREAS, on December 3, 2001, the City Council of the City of Lubbock passed Ordinance No. 2001-00091 authorizing and establishing the Central Business District Tax Increment Financing Reinvestment Zone for, among other things, the repair and replacement of deteriorating structures and sites; and WHEREAS, Lubbock 1610 Broadway, LLC desires to undertake a hotel development project within the boundaries of the Central Business District Tax Increment Financing Reinvestment Zone that requires an alley closure and the relocation and improvement of a City of Lubbock sanitary sewer line; and WHEREAS, the City desires to begin the sanitary sewer relocation and improvements associated with an alley closure located on Lubbock 1610 Broadway, LLC's property located within the boundaries of the Central Business District Tax Increment Financing Reinvestment Zone; and WHEREAS, the City Council of the City of Lubbock, through Ordinance No. 2016-00101, authorized the allocation of funds to be used by the Central Business District Tax Increment Financing Reinvestment Zone for underground utility relocation and upgrades; and WHEREAS, the City of Lubbock, the Central Business District Tax Increment Financing Reinvestment Zone, and Lubbock 1610 Broadway, LLC desire to work together to fund and perform the work associated with the relocation and improvement of a City of Lubbock sanitary sewer line located within the boundaries of the Central Business District Tax Increment Financing Reinvestment Zone; and NOW THEREFORE, for good and valuable consideration, the Parties agree as follows: AGREEMENT ARTICLE 1— DEFINITIONS Section 1.01 — Definitions. The following terms shall have the meanings ascribed to them in this Article I for purposes of this Agreement: "Actual Cost" means the final full amount of the cost of the Project, including all costs associated with the: (a) Construction, reconstruction, or installation of any improvements necessary to relocate and improve a City sanitary sewer line; (b) Provision of any architectural, engineering, or similar services; Development and Funding Agreement Page 1 (c) Development of plans, specifications, studies, surveys, or cost and revenue estimates; and (d) Procurement of administration and other expenses, except for legal fees, as may be necessary or incident to relocate and improve a City sanitary sewer line. "Agreement" means this Development and Funding Agreement including the Recitals and Exhibits included herein. "CBD TIF" means the Central Business District Tax Increment Reinvestment Zone or its authorized representative. "CBD TIF Board" means the Central Business District Tax Increment Reinvestment Zone board of directors or its authorized representative. "CBD TIF Fund" means the Central Business District Tax Increment Reinvestment Zone fund established by the City. "Qty" means the City of Lubbock Sewer Department or its authorized representative. "Completion" means the time at which the Project has been finally inspected and tested by the City and has been determined by the City to be in conformance with all codes, standards and requirements of the City, and to be otherwise acceptable to the City. "Contractor" means the entity that will perform the construction of the Project. "Developer' means Lubbock 1610 Broadway, LLC or its authorized representative. "Indemnified Party" means the Parties, including their officers, employees, agents, and board members. "Parties " means the City, the CBD TIF, and the Developer and their authorized representatives. "Project" means the relocation and improvement of a sanitary sewer line at the Property and any other work that might be required to complete said relocation and improvement. "Proper " means the land associated with the Project, as described in Exhibit `B." ARTICLE 2 — CONSTRUCTION OF THE PROJECT Section 2.01 — Responsibilities of the City. The Parties agree that the City shall be responsible for overseeing the performance of the activities contemplated under this Agreement, including, but not limited to, submitting the Project to the City's bidding process, managing the Contractor's direction of the Project, and ensuring that the Actual Cost is paid to the Contractor upon Completion. The Parties further agree that the City shall award any contracts related to the Project in a good, workmanlike, and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The CBD TIF Board shall keep the City and the Developer apprised of the construction progress with reports on a regular basis. Section 2.02 — Responsibilities of the Developer. The Parties agree that the Developer shall be responsible for producing a hotel development project on the Property within a reasonable time after Completion of the Project. The Developer hereby warrants that it will initiate a hotel development project on the Property within twelve (12) months after Completion. If the Developer Development and Funding Agreement Page 2 fails to initiate a hotel development project on the Property within twelve (12) months after Completion, then the Developer shall be responsible for paying as liquidated damages to the CBD TIF the percentage of the Actual Cost of the Project paid by the City and the CBD TIF. Section 2.03 — Independent Contractor Status. In performing this Agreement, the Developer and the CBD TIF Board shall each be considered an independent contractor and not an agent or employee of the City. The City shall not be responsible for making any payments to any contractor, subcontractor, agent, consultant, employee, or supplier of the Developer or the CBD TIF Board. ARTICLE 3 — FUNDING OF THE PROJECT Section 3.01— Preliminary Estimate Cost. The Parties affirm that the preliminary estimate cost for the construction of the Project is three hundred thousand dollars ($300,000), and the Parties affirm that the actual cost of the Project may be more or less than the preliminary estimate cost. The preliminary estimate cost is attached to this Agreement as Exhibit "A." Section 3.02 — Initial Payment of Actual Cost. The Parties affirm that with funding made available through Ordinance No. 2016-00101, for underground utility relocation and upgrades, the CBD TIF will be responsible for paying the Contractor the Actual Cost of the Project upon Completion, according to the terms of the contract entered into between the City and the Contractor. Within a reasonable time after its payment of the Actual Cost of the Project to the Contractor, the CBD TIF shall provide a final invoice to the City and the Developer showing the Actual Cost of the Project, with such Actual Cost being supported by a line -item description of every charge associated with the Actual Cost of the Project. Section 3.03 — Developer's Responsibility for Partial Reimbursement of Actual Cost. Within thirty (30) days of the Developer's receipt of the CBD TIF's final invoice, the Developer agrees to pay twenty percent (20%) of the Actual Cost of the Project as a reimbursement to the CBD TIF to be deposited into the CBD TIF Fund. The Developer's obligation to pay twenty percent (20%) of the Actual Cost of the Project shall be calculated based on the Actual Cost of the Project as it is represented on the final invoice the Developer receives from the CBD TIF. Section 3.04 — The City's Responsibility for Partial Reimbursement of Actual Cost. Within thirty (30) days of the City's receipt of the CBD TIF's final invoice, the City agrees to pay forty percent (40%) of the Actual Cost of the Project as a reimbursement to the CBD TIF to be deposited into the CBD TIF Fund. The City's obligation to pay forty percent (40%) of the full Actual Cost of the Project shall be calculated based on the Actual Cost of the Project as it represented on the final invoice the City receives from the CBD TIF. Section 3.05 — Withholding Payments. Nothing in this Agreement shall be deemed to prohibit the City or the Developer from delaying the partial reimbursement of the Actual Cost of the Project by contesting in good faith the validity or amount of the Actual Cost of the Project as it is represented on the final invoice. ARTICLE 4 — REPRESENTATIONS, WARRANTIES AND COVENANTS Section 4.01— Representations, Covenants and Warranties. (a) Organization. The Developer is a limited liability company duly organized and validly existing under the laws of the State of Texas, is in compliance with the laws of the State of Development and Funding Agreement Page 3 Texas, and has the power and authority to own its properties and assets and to carry on its business in the State of Texas as now being conducted and as contemplated. (b) Authority. Each of the Parties has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly executed and delivered by the Parties. (c) Binding Obligation. This Agreement is a legal, valid, and binding obligation on the Parties, enforceable against each party in accordance with the terms of this Agreement, and subject to bankruptcy and other equitable principles. (d) Compliance with Law. None of the Parties shall with knowledge commit, suffer, or permit any act to be done in, upon, or to the Property or Project in violation of any law, ordinance, rule, regulation, order of any governmental authority, any covenant, or restriction now or hereafter affecting the Property or the Project. (e) Requests for Payment. The Parties represent and warrant that each will diligently follow all procedures set forth in this Agreement with respect to the funding of the Project. (f) Financial Records. Until the completion of the Project, each of the Parties covenants to maintain proper books of record and to account for all costs related to the construction of the Project. These accounting records shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection at any reasonable time during regular business hours on reasonable notice. (g) Plans. The City represents that it has approval of the Project from all appropriate departments of the City and from any other public entity or public utility from which approval must be obtained. (h) Financial Resources. Each of the Parties represents and warrants that it has the financial resources, or the ability to obtain sufficient financial resources, to meet its obligations under this Agreement. Section 4.02 — Indemnification and Hold Harmless. To the extent available at law, each of the Parties shall indemnify and hold harmless each Indemnified Party from and against all actions, damages, claims, losses, or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from the breach of any provision of this Agreement. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss, or expense directly attributable to the gross negligence or willful misconduct of any Indemnified Party. ARTICLE 5 — TERMINATION Section 5.01— Mutual Consent. This Agreement may be terminated for convenience by any Party with the mutual written consent of all the Parties. Section 5.02 —Termination for Cause. The City, at its option, may terminate this Agreement, without the consent of the Developer or the CBD TIF if the Developer or the CBD TIF shall breach any material covenant or default in the performance of any material obligation of this Agreement. If any such event occurs, the City shall give written notice to the Developer and the CBD TIF, and the Developer and the CBD TIF agree to meet and confer with the City and consultants as to the Development and Funding Agreement Page 4 options available to assure timely completion of the Project, subject to the terms of this Agreement. Such options may include, but are not limited to, the termination of this Agreement by the City. If the City elects to terminate this Agreement, the City shall first notify the Developer and the CBD TIF of the grounds for such termination and allow the Developer and the CBD TIF a minimum of fifteen (15) days to eliminate or mitigate, to the reasonable satisfaction of the City, the grounds for termination. If at the end of such period (or any extension thereof by the City), as determined reasonably by the City, the Developer or the CBD TIF has not eliminated or completely mitigated the termination grounds to the reasonable satisfaction of the City, the City may then terminate this Agreement. Section 5.03 — Force Majeure. Whenever performance is required of any of the Parties under this Agreement, it shall use all due diligence and take all necessary measures in good faith to perform. If completion is delayed by reasons of floods, earthquakes, other acts of God, war, civil commotion, riots, strikes, picketing, other labor disputes, damage to work in progress by casualty, or by any other cause beyond the reasonable control of the Parties (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually caused. ARTICLE 6 — MISCELLANEOUS Section 6.01 — Limited Liability of City. The Parties understand and agree that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the governing body of the City fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Parties fail to certify funds for any reason, then, and upon the occurrence of such an event, this Agreement shall terminate as to that Party and the Party shall then have no further obligation to the any other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended, any other Party's sole and exclusive remedy shall be to terminate this Agreement. Section 6.02 — Audit. The City shall have the right, during normal business hours and upon giving three (3) business days' prior written notice to the other Parties, to review all the books and records of the Parties pertaining to any costs and expenses incurred by the Parties with respect to the Project and any bids taken or received for the construction or materials for the Project. Section 6.03 — Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when personally delivered or transmitted by facsimile transmission (which shall be immediately confirmed by telephone and shall be followed by mailing an original of the same within twenty- four (24) hours after such transmission), or seventy-two (72) hours following deposit in any United Stated Post Office, registered or certified mail, postage prepaid, addressed as follows: For City: City of Lubbock, Texas Attention: L. Wood Franklin P.O. Box 2000 Lubbock, Texas 79457 Phone: 806.775.2592 Fax: 806.775.2730 For Developer: Lubbock 1610 Broadway, LLC Attention: Connie Wharton 7822 Orlando Avenue Lubbock, Texas 79423-1942 Phone: 806.773.5650 Fax: For CBD TIF: Lubbock CBD TIF Attention: Robert Taylor P.O. Box 2000 Lubbock, Texas 79457 Phone: 806.775.2985 Fax: 806.775.2051 Development and Funding Agreement Page 5 Section 6.04 — Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the legal and enforceable portion of this Agreement shall remain intact and shall be given effect to the fullest extent possible. Section 6.05 — Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. This Agreement shall not be assigned without prior written consent of the other Parties. Any assignment shall be in writing, shall clearly identify the scope of the rights and obligations assigned, and shall not be effective until approved by the other Parties. Section 6.06 — Waiver. Failure by any of the Parties to insist upon the strict performance of any of the provisions of this Agreement, or the failure by any one of the Parties to exercise its rights upon the default of the other Parties, shall not constitute a waiver of such Party's right to insist and demand strict compliance by such other Party with the terms of this Agreement thereafter. Section 6.07 — Amendment & Merger. This Agreement cannot be changed or terminated except through written notification, signed by all Parties. No verbal agreement or conversation with any officer, agent or employee of any Party to this Agreement, either before or after execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. No oral understandings, statements, promises, or inducements contrary to this Agreement exist. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representative of all Parties. Section 6.08 — Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Section 6.09 — Exhibits and Recitals. The Recitals and Exhibits contained in and attached to this Agreement are hereby made a part of this Agreement and shall have the same force and effect as the terms contained herein. Section 6.10 — Venue. This Agreement is subject to all present and future valid laws, orders, rules, ordinances, and regulations of the United States of America, the State of Texas, the City, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute, or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. Section 6.11 — Public Information. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended, the Texas Public Information Act, the same shall be of no force and effect. Section 6.12 — No Third Party Beneficiaries. This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. This Agreement is not intended to create, and shall not be construed to create, any joint enterprise between or among the parties. Section 6.13 — Remedies & Arbitration. Each of the Parties reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City Development and Funding Agreement Page 6 shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. The Parties execute and enter into this Agreement on this 22ndday of September, 2016. SIGNATURES FOR CITY OF LUBBOCK, TEXAS: (OuL DANIEL M. P PE, MAYOR FOR CENTRAL BUSINESS DISTRICT TAX INCREMENT REINVESTMENT ZONE: Jeff DAde,106—aiM Vice -Chairman FOR LUBBOCK 1610 BROADWAY, LLC I ZtD6,1 d 6k ),44 - Connie Wharton, Manager /MarC McDougal, Manager Development and Funding Agreement Page 7 ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Cheryl Brock, Executive Director of Budget APPROVED AS TO FORM: Justin Prui sistant City I ttorney Development and Funding Agreement Page 8 Exhibit "A" — Preliminary Estimate Cost Development and Funding Agreement Page 9 EXHIBIT A PRELIMINARY ESTIMATE COST MUNICIPAL WATER DISTRIBUTION AND SANITARY SEWER IMPROVEMENTS NEAL AND ALEXANDER TRACTS 1-3 SEPTEMBER 13, 2016 Item No. Water Item Description Quantity / Units Unit Cost Total Item $150.00 $200.00 $200.00 Cost 1 10" C-900 PVC pipe 180 L.F. $50.00 $9,000.00 2 4" gate valve and valve box 1 Each $1,600.00 $1,600.00 3 6" gate valves and valve box 2 Each $2,000.00 $4,000.00 4 10" gate valves and valve box 1 Each $2,800.00 $2,800.00 5 Valve box adjustment (paved areas only) 4 Each $750.00 $3,000.00 6 Fittings 570 Lbs. $6.00 $3,420.00 7 Ex. 4" Line Plug and Abandon -In -Place 3 Each $3,000.00 $9,000.00 8 Demo Asphalt Parking Lot 155 S.Y. $75.00 $11,625.00 9 Demo Concrete Access Drive 40 S.Y. $75.00 $3,000.00 10 Demo Brick Pavers 20 S.Y. $150.00 $3,000.00 11 Replace Brick Pavers 20 S.Y. $75.00 $1,500.00 12 Demo Concrete Alley Paving 10 S.Y. $75.00 $750.00 13 Replace Concrete Alley Paving 10 S.Y. $75.00 $750.00 14 Replace Curb and Gutter 20 L.F. $50.00 $1,000.00 Total Cost for Water Construction $54,445.00 Item No. Sewer Item Description Quantity /Units Unit Cost Total Item Cost 15 8" Sewer at 12'-14' cut 10 L.F. $40.00 $400.00 16 10" Sewer at 12'-14' cut 280 L.F. $50.00 $14,000.00 17 15" Sewer at 12'-14' cut 215 L.F. $75.00 $16,125.00 18 21" Sewer at 12'-14' cut 525 L.F. $100.00 $52,500.00 19 Standard Manhole 48" I.D. 4 Each $4,500.00 $18,000.00 20 Standard Manhole 60" I.D. 6 Each $8,000.00 $48,000.00 21 Extra Vertical Feet (std. 48" mh.) 35 E.V.F. $150.00 $5,250.00 22 Extra Vertical Feet (std. 60" mh.) 40 E.V.F. $200.00 $8,000.00 23 8" Plug 24 10" Plug 25 15" Plug 26 21" Plug 27 Trench Protection (10'-201) 28 Manhole Adjustment (paved areas only) 1 Each i tacn 1 Each 1 Each 1,030 L.F. 2 Each $100.00 $100.00 $125.00 $125.00 $150.00 $150.00 $200.00 $200.00 $2.00 $2,060.00 $1,000.00 $2,000.00 Copyright Hugo Reed and Associates, Inc EXHIBIT A (continued) PRELIMINARY ESTIMATE COST MUNICIPAL WATER DISTRIBUTION AND SANITARY SEWER IMPROVEMENTS NEAL AND ALEXANDER TRACTS 1-3 SEPTEMBER 13, 2016 Item No. Sewer Item Description Quantity / Units Unit Cost Total Item Cost 29 Bore (not including 21" SDR -26 PVC Pipe) 25 L. F. $250.00 $6,250.00 30 Ex. 8" Line Plug and Abandon -In -Place 2 Each $1,000.00 $2,000.00 31 Ex. 15" Line Plug and Abandon -In -Place 1 Each $1,500.00 $1,500.00 32 Ex. 18" Line Plug and Abandon -In -Place 1 Each $2,000.00 $2,000.00 33 Demo Concrete Curb and Gutter 10 L. F. $75.00 $750.00 34 Replace Concrete Curb and Gutter 45 L. F. $50.00 $2,250.00 35 Demo Sidewalk 10 S.Y. $75.00 $750.00 36 Replace Sidewalk 10 S.Y. $150.00 $1,500.00 37 Demo Asphalt Paving 20 S.Y. $75.00 $1,500.00 38 Replace Asphalt Paving 20 S.Y. $150.00 $3,000.00 39 Demo Brick Pavers 5 S.Y. $75.00 $375.00 40 Replace Brick Pavers 5 S.Y. $150.00 $750.00 41 Demo Concrete Access Drive 65 S.Y. $75.00 $4,875.00 42 Demo Asphalt Parking Lot 990 S.Y. $75.00 $74,250.00 43 Demo Concrete Alley Paving 45 S.Y. $75.00 $3,375.00 44 Replace Concrete Alley Paving 10 S.Y. $150.00 $1,500.00 Total Cost for Sewer Construction $273,135.00 Total Cost for Water Construction Total Cost for Sewer Construction 10% Contengency $54,445.00 $273,135.00 $32,758.00 Project Cost $360,338.00 Copyright Hugo Reed and Associates, Inc. Exhibit "B" — Property Description Neal & Alexander, Block 1, Lots 1-6 East ''/z of 18 and all of Lots 19-24 and Original Town, Block 113, lots 1-10 Development and Funding Agreement Page 10 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-115426 Lubbock 1610 Broadway LLC Lubbock, TX United States Date Filed: 09/22/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 09/23/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13072 Utility work 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 1500 Broadway Partners, Ltd. Lubbock, TX United States X Lubbock Downtown Development Corporation Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-115426 Lubbock 1610 Broadway LLC Lubbock, TX United States Date Filed: 09/22/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13072 Utility work 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 1500 Broadway Partners, Ltd. Lubbock, TX United States X Lubbock Downtown Development Corporation Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. DONNA COMBS Notary Public. State of Texas ice? My Commission Expires '•,;,%o;.E;;°` Ol, 2017 October ,• Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said) ,_, this the cgc�, day of �— 20_, to certify which, witness my hand and seal of office. &yu) DtO1111/1 P-V"Si * a,,, Signature of officer administering oath Printed name of officer administering oath Title of officer • ministering oath Forms provided by Texas Ethics Commission www. ethics. state. tx.us Version V1.0.277