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HomeMy WebLinkAboutResolution - 2020-R0227 - Amendment No. 2 to Contract 14565 with McDougal Land Company, L.C.Resolution No. 2020-RO227 Item No. 7.3 July 28, 2020 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, Amendment No. 2 to Contract No. 14565 between the City of Lubbock and McDougal Land Company, L.C., an affiliate of the McDougal Companies for Downtown Master Developer services. Said Amendment 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 July 28, 2020 ("j DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Se re y A OVED AS TO CONTE Brianna Gerardi, Business beo nt Director APPROVED AS TO FORM: i &,I vV (— elli Leisure, Assistant City Attorney ccdocs/RES.Amend #2 Agrmt-14565MasterDeveloperMcDougal 07.10.20 Resolution No. 2020-R0227 Amendment 2 To Agreement Between The City of Lubbock And McDougal Land Company, L.C. THIS IS THE SECOND AMENDMENT TO THE AGREEMENT, Contract No.14565, dated and entered into the 251' day of February 2019 by and between the City of Lubbock ("City") and the McDougal Land Company, L.C., an affiliate of the McDougal Companies (the "Consultant") for Downtown Revitalization Master Developer Services. On February 25, 2020, the City granted a 6-month extension to the initial term of the Agreement, Amendment 1 to the Agreement. In accordance with Section 4(B) of the Agreement, at its regularly scheduled meeting on July 8, 2020, the Central Business District Tax Increment Reinvestment Zone Board of Directors (the "Board") approved an extension and amendment to the term of the Agreement, which said extension shall terminate on October 1, 2023. During this extension, the Consultant shall continue the initial term services, until October 1, 2020 at which time the Consultant shall begin and complete the amended Extension Services as set forth in Exhibit "A", attached hereto and incorporated herein. Additionally, upon commencement of Extension Services, the Consultant shall be compensated in accordance with the "Extension Fee" terms set forth in the Agreement. The City and Consultant now enter into the extension and amendment of the Agreement in accordance with the terms set forth herein. All other portions of the original Agreement shall remain in place and are not altered by this amendment. IN WITNESS HEREOF, the parties have executed this Agreement as of this 28th day of July 2020. Page 1 of 2 FOR: The City M. POPE, ATTEST: ubbock FOR: The McDougal Land Company, LC YOR MO CCLENDON,GENERAL COUNSEL AND CHIEF OPERATING OFFICER '&0' 2)C - Retie ca Garza, City Sec t APPROVED AS TO Brianna Gerardi, Businkss Dev4opment Director APPROVED AS TO FORM: elli Leisure, Assistant City Attorney Page 2 of 2 Amendment to Exhibit A: SCOPE OF SERVICES The Extension Agreement contemplates one (1) performance period within which the Consultant will be expected to timely perform certain services described in this Exhibit A. The term will run three (3) calendar years beginning on October 1, 2020. The services associated with the Extension (the "Extension Services") are listed below. For the Extension Services, the Consultant will be responsible for following the performance of services as outlined below. The Extension Services (to be completed within the Term) Master Developer Services: Provide for the Board all developer consultant services related to the "Master Developer" role for Downtown, including, but not limited to: a. Work with Texas Tech and other institutions of higher education to maximize and increase the student population Downtown; b. Promote available Downtown properties with local, state, and national developers; c. Secure development partners as necessary for Downtown residential, office, retail, and commercial development initiatives, including entertainment venues and restaurants; d. Acquire land and structures for redevelopment or demolition that the Board deems appropriate in order to promote the purposes of the Board's Project and Financing Plans, with the Board providing all costs associated with survey, appraisal, legal, property acquisition, and other costs; e. Assist developers interested in renovations of existing Downtown buildings, including advising property owners in resolving environmental issues, utility issues, and other City issues for developable Downtown property; f. Provide consultant services as necessary to the City's staff, g. Encourage the increase in, and diversification of, Downtown housing stock to include senior housing, empty nesters, and multi -family housing (e.g. high -density housing, lofts, condominiums, and student housing); h. Work with LEDA, Market Lubbock, Inc., the Chamber of Commerce, and similar entities to: (i.) encourage retail businesses offering unique and experience -based shopping concepts and ambiance to locate in Downtown; (ii.) support their marketing efforts for business recruitment, tourism, and community relations in order to attract local, regional, and national events to Downtown; and, (iii.) encourage and support the development of an Investment Prospectus for Downtown to amplify economic efforts and incentivize local investment that contributes to Downtown's economic sustainability; i. Work to attract "Class A" office space for corporate headquarters and white-collar enterprise companies; j. Work with the Board to update the City's Downtown website and to provide information for submitting articles in local and regional media outlets; and k. Encourage office and retail development in a mixed -use capacity. Downtown Master Plan: Consultant will be required to work in conjunction with City Staff to Implement the Downtown Master Plan and Update the Master Plan Consolidated Implementation Matrix as approved by the Lubbock City Council, including but not limited to the following items. As the Lubbock City Council, CBD TIF Advisory Board, Master Developer and City Staff make updates to the Matrix, the following items are subject to change. a. Policy and Regulatory Frameworks o Update regulatory framework tools to encourage revitalization. ■ Reduce parking ratios, update zoning to encourage mix -use and higher density residential. o Streamline and remove onerous requirements and inconsistencies in the Downtown Zoning Districts. b. Parking o RFP for Parking Master Plan c. Parks and Open Space o Create a civic gathering space for Downtown. ■ Issue an RFP to select consultants to design the Civic Park. o Improve the connection from downtown to East Lubbock and Mackenzie Park at the Broadway underpass through lighting upgrades, public art installation, and improved signage and wayfinding. d. Leadership and Advocacy o Prioritize investment ■ Develop a funding strategy for key initiatives. e. Public Engagement and Communication o Develop and launch a compelling marketing and public engagement campaign for Downtown. f. Economic Development o Attract local investment to Downtown. o Continue discussions with the County / jail for consolidation of services outside of the Downtown Core. o Initiate direct business outreach to encourage businesses to consider returning to the Downtown Core. ■ Enlist both existing Core businesses and marketing personnel to make these contacts. g. Utilities Infrastructure o Upgrade systems Downtown to be "development ready". • Provide temporary power for year-round programs and events. ■ Lift the protection of brick alleys to allow for the conversion to buried utilities and the combining of lots into larger development parcels. ■ Identify corridors for utility relocations. • Along main and secondary streets ■ Conversion to buried utilities • Conversion of electrical and telecom from overhead to underground at designated alleys • Confirmation of costs to convert underground and feasibility with LP&L ■ Upgrade sewer lines to accommodate for increased development Downtown. h. Historic and Cultural Resources o Issue an RFP for assistance with application(s) for Historical Designation. Leverage existing assets to encourage revitalization. ■ Pursue and establish an Historic District designation (decide type, develop process, time with the UDC process and roll -out). • Pre -World War II (1920 —1941) • Mid -Century Modern (1941-1970) Develop, pilot, and implement a vacancy ordinance for the Downtown CBD. • Implement an "active windows" program, where vacant ground -floor storefronts are used for window displays of local interest, activities and attractions. ■ File for a Concerted Revitalization Plan (CRP) to leverage Low Income Housing Tax Credits (LIHTC). o Conduct a more detailed survey into the historic and cultural significance of properties identified as Contributing and Potentially Contributing. o Explore grass -roots programs like This Place Matters and Legacy Business Program, in conjunction with other marketing campaigns, to help elevate the general public's awareness of and appreciation for the many historical and cultural assets in the downtown area. Reporting (to be provided during the Extension) The Consultant will be required to present to the Board at its regular meetings a detailed report of the time and activity spent by the Consultant towards satisfying the Services during the Extension. Any significant change in the Downtown Master Plan Implementation Matrix, including changes in time frame, should be reported to the Board, and approved when appropriate. Additionally, the Consultant, in conjunction with City Staff, shall be required to present quarterly updates regarding progress on the Downtown Master Plan and any changes or updates to the Implementation Matrix to the City Council during Work Session.