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HomeMy WebLinkAboutC2018-499 - 7/24/2018 - NA • MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is by and between the City of Corpus Christi, Texas (the "City"), as the agent of the Corpus Christi Tax Increment Reinvestment Zone #3 ("TIRZ #3"), and Corpus Christi PATCH, Inc. (the "Developer"). The City and the Developer shall be referred to herein collectively as the "Parties." The Parties agree that any reference to "City" or"City Staff," is entirely in agency capacity for TIRZ#3, and, further, that the City as a home-rule municipal corporation is not a party to this MOU. This MOU will guide the relationship of the Parties with respect to the preliminary planning phase of the Development, as defined below. 1. Definition. The "Development" is the proposed renovation of the Ritz Theatre located within the geographical boundaries of the Tax Increment Reinvestment Zone (the "Zone") at 715 N. Chaparral Street. Phase 1 of the Development will bring the Ritz Theatre into compliance with all required building ordinances in order to ensure the comfort and safety of the patrons. The focus of Phase 1 is to ensure needed standards are met in order to place the theatre in service. The work to be done in Phase 1 includes roof repairs, repairs to the HVAC, plumbing and electrical repair, repair of the signage, a wall mural, and any other work needed to obtain a Certificate of Occupancy from the City's Development Services Department. 2. City's Responsibilities. a. The City shall set aside $100,000 from the Chaparral Street Property Improvement Program. It is the intent of the City and the TIRZ#3 Board of Directors (the "Board") to commit the funds to the Developer for Phase 1 of the Development upon execution of a subsequent, more detailed contractual agreement between the Parties if such an agreement can be reached. Funds shall not be paid before a Certificate of Occupancy has been obtained for the Development. b. The City shall hold such funds until the termination of this MOU and shall not expend any of the funds on other projects until the termination of this MOU. 3. Developer's Responsibilities. a. Developer shall seek to obtain the additional funding required for the Development. During the term of this MOU, the Developer shall obtain, at a minimum, $100,000 in matching funds for the Development. b. Developer shall apply for the Texas Historical Commission's Town Square Initiative and seek a partnership and resources to assist in the Development, including Historic Rehabilitation Tax Credits. A copy of the application for this program is attached as Exhibit A. The Town Square Initiative's Theater Feasibility Study includes: i. Establishment of a detailed business plan discussing the various phases of the Development and the intended use of the Development upon completion of the renovation. It is the understanding of the City and the Board that the C2018-499 7/24/18 Page 1 of 4 Corpus Christi PATCH Inc. SflANNFfl Development will become a public facility providing cultural experiences to the Zone including art and music. ii. Creation of visual representations of the planned work in Phase 1, evidencing an intention to maintain the historical and cultural integrity of the Ritz Theatre. c. Developer shall also provide economic impact models showing the expected impact that the Development will have on the Zone. 4. Term. This MOU shall be effective upon the date last signed and executed by the duly authorized representatives of the Parties to this MOU and shall remain in full force and effect for one year following that date, unless terminated earlier. 5. Agreement. The Parties agree that once the Developer has complied with all of the requirements of Section 3 of this MOU, the parties shall attempt to negotiate a more detailed contractual agreement, which will replace this MOU once agreed to and executed by the parties. If the Developer does not comply with all of the requirements of Section 3 within the term of this MOU, this MOU shall automatically terminate. In the event that this MOU is terminated, automatically or otherwise, and not replaced by a new contractual agreement, the City shall immediately release the hold on the funds and such funds shall be available for other projects under the Chaparral Street Property Improvement Program. 6. Amendments or Modifications. No amendments or modifications to this MOU may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of both Parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to City: City of Corpus Christi Attn.: City Manager's Office Tax Increment Reinvestment Zone#3 P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Developer: Corpus Christi PATCH, Inc. Attn: Monica M. Sawyer 402 Peoples Street, Suite 1A Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 2 of 4 8. Third Party Beneficiary Rights. The Parties do not intend to create in any other entity or individual the status of a third party beneficiary, and this MOU shall not be construed to create such status. The rights, duties, and obligations contained in this MOU shall operate only between the Parties, and shall inure solely to the benefit of the Parties. The.provisions of this WOU are intended only to assist the Parties in determining and performing their obligations under this MOU. The Parties intend and expressly agree that only they shall have legal or equitable rights to enforce this MOU or to seek any remedy arising out of either party's performance orfailure to perform under this MOU. 9. Captions. The captions in this MOU are for convenience only and are not a part of this MOU. The captions do not in any way limit or amplify the terms and provisions of this MOU. 10. Termination. The Parties may, by written agreement, terminate this MOU at any time. Either Party may, with 30-days written notice, request that the MOU terminate. If the other Party does not object within the 30 days, the MOU shall terminate immediately. If the other Party does object within 30 days, the MOU shall continue until the end of the term unless otherwise terminated earlier. 11. Assignment. The Developer may not assign all or any part of its rights, privileges, or duties under this MOU without the prior written approval of the Board. 12. Severability. If any provision of this MOU is determined to be illegal or unenforceable, such provision shall be fully severable, and the remainder of this MOU shall continue in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] • Page 3 of 4 CITY OF CORPUS CHRISTI, AS AGENT FOR IRZ :3 092 �� /f // /i / City Manage lesigne- Date: 573/V ATTEST: CORPUS CHRISTI PATCH, INC. FITEWC— Reb cca Huerta nica M. Saw er - 6511r City Secretary Title: President Date: g/3 it g Date: 7/10/18 APPROVED AS TO FORM: C"),A.AW &WI-41-0 Aimee Alcorn-Reed Assistant City Attorney Date:Date: ca 1 AU 1 NuRott.. sY € W Ctt SF.:MARV Page 4 of 4 TEXAS HISTORICAL COMMISSION Town Square Initiative Feasibility Study Application The Town Square Initiative (TSI) provides specialized services for vacant and underutilized properties in communities that are participating in one or more of the Texas Historical Commission's programs. These services include a feasibility study to assist property owners and public officials in evaluating the redevelopment potential of the property. The study typically includes a review of local development barriers and market conditions, a re-use plan with renderings, an operating pro-forma and gap financing recommendations. In order for a vacant or underutilized property to be considered for this specialized assistance, a property owner must be able to establish in their request that there is sufficient local capacity to move a project forward. A strong application will demonstrate an existing preservation ethic, a potential market to warrant a new use and support from public officials for the redevelopment of the property. Applications are accepted on an ongoing basis and endangered properties may receive priority. Overview of the Town Square Initiative The Town Square Initiative (TSI) is an effort by the Texas Historical Commission to proactively address the challenge of vacant and underutilized buildings in historic downtowns. TSI operates as an affiliate of the Texas Main Street Program, a preservation-based downtown revitalization effort with a 35-year track record. It is TSI's objective to spur preservation-based projects so that local, small-scale and high-quality real estate development becomes more achievable in historic Texas downtowns. Staff provides specialized project assistance for vacant and underutilized properties with a focus on: . • Conceptual design and financial feasibility studies analyzing redevelopment potential; • Coordinated downtown planning strategies to address development barriers; • Increasing and influencing the market exposure of available properties;and, • Providing information, education, and resources on best practices that have had a positive impact on local policy and decision-making. Contact Us: Town Square Initiative Main Phone: 512-463-6092 Planning: Emily Koller- emily.koller(2i thc.state.tx.us Economic Development: Brian O'Connor- brian.oconnor(a,thc.state.tx.us Architecture: Riley Triggs -riley.triggsAthc.state.tx.us Completed applications are to be emailed to all of the above addresses or mailed to: Texas Historical Commission Town Square Initiative P.O. Box 12276 Austin,Texas 78711-2276 www.thc.state.tx.us/preserve/projects-and-programs/town-square-initiative SECTION 1: BUILDING AND APPLICANT INFORMATION To qualify for TSI services, applications must be for a property that is located in a community participating in one or more of the agency programs (Certified Local Government,Main Street,Texas Historic Courthouse Preservation Program, etc.). The subject property must be at least 50 years old, located within a historic commercial district and should be industrial, commercial or mixed-use in nature. Applications for infill development on vacant land will be considered on a case by case basis. Applications shall be jointly completed and signed by the individual property owner and the Main Street manager or local government designee. Property Owner Information Last Name: First Name: Phone: Email: Classification of Applicant: ❑Individual ❑ Not-For-Profit❑For-Profit Is the property owner also the project contact?❑Yes ❑No If not,please provide the project contact information: Last Name: First Name: Phone: Email: Project Information Property Address: Date of Construction: Building Square Footage: Number of Floors: Status: 0 Occupied ❑Vacant (Building) EAbandoned ❑Condemned ❑Vacant (Lot) Building Designation (check all that apply): ❑Local Historic (Individual or District) ['National Register (Individual or Contributing to a District) ❑Recorded Texas Historic Landmark(RTHL) ❑State Archeological Landmark (SAL) ❑Other Building Use (please describe historic and present use): Local Government Designee Last Name: First Name: Phone: Email: Name of City and County: Title: Participation in THC Programs (check all that apply): • ['Texas Main Street Program 0 Certified Local Government ❑Texas Historic Courthouse Preservation Program 0 Other SECTION 2: PROJECT NARRATIVE The property owner and Main Street manager or local government designee are to complete the following questions. Please attach additional pages as necessary. 1. Project and Vision Please describe what the property owner and/or the city would like to see for the project. What is the desired scale and use? Why do you think a conceptual design and financial feasibility study can help achieve this project vision? 2. Photographs and Floor Plans-15 pts. Please provide both historic and current photographs of the property. The historic photographs should show the building in its original condition. The applicant should also provide approximately 10 photographs that reflect current conditions at eye level and include both exterior and interior perspectives as well as a viewpoint from the public right-of-way that includes adjacent properties. Photographs should include a brief narrative of modifications over time and the applicant should specify what measures will be taken to preserve and protect the architectural elements of the building. Also, this section should specify if floor plans are available. If so,please attach. 3. Building Condition-30 pts. Please describe the current condition of the property and identify any previous structural studies, cost estimates, etc. that have been completed. 4. Owner's Potential Financial Commitment-10 pts. Explain the anticipated level of owner financial participation. 5. Public's Potential Financial Support- 15 pts. Identify the types of possible public financial participation and how they may be used to support the project. 6. The Project's Sense of Urgency- 15 pts. Please describe why the property is now ready for redevelopment and rehabilitation. For example, is there new ownership, are you seeing increased interest in downtown residential, or is there a new zoning code that supports a mix of uses? 7. Community Impact-15 pts. Describe the anticipated impact the property's rehabilitation will mean for the downtown. Do you believe this project can catalyze development around it? SECTION 3: POLICIES, INCENTIVES AND DEMOGRAPHIC DATA Has the city grown in population over the last five to ten years?❑Yes ❑No City population current: City population 2010: County population current: County population 2010: Does the city have a master plan for downtown? ❑Yes ❑No If yes,when was it adopted? Has the downtown been part of a streetscape enhancement project? ['Yes ❑No If yes,when and what was the public investment level? Does the city have a historic preservation ordinance in place? ❑ Yes 0 No Is there a designated historic district which requires design review in downtown? ❑Yes ❑No What other overlays or regulatory requirements are in place downtown? What is the average commercial rental rate (per sq ft) in downtown? In the rest of the city? What is the average residential rental rate (per sq ft) in downtown? In the rest of the city? What public funding sources are available to assist with downtown projects (check all that apply)? ❑ Hotel Occupancy Tax ❑ TIF or TIRZ ❑ Type A/B EDC Funds ❑ CDBG 0 Other (ident ) What financial incentives are available for downtown projects (check all that apply)? ❑ Façade grants ❑ Building improvement grants ❑ Sign grants 0 Development agreements Waiver of permit fees Low interest loans Tax abatement Other (ident ) Has the city or other partner completed a retail market analysis for downtown? ❑Yes 0 No If yes,when and by whom? Has the city or other partner completed a residential market analysis for downtown?❑Yes ❑No If yes,when and by whom? Do you feel there are regulatory barriers or other policy challenges that are deterring downtown investment?❑Yes 0 No If yes,please describe. SECTION 4:APPLICANT PLEDGES The property owner asserts the following with respect to the application: • The property owner possesses the authority to allow TSI personnel access to the property for purposes of providing Town Square Initiative services. • To the best of the property owner's knowledge, the subject property is structurally sound and does not contain any known hazardous materials or conditions. • The property owner is prepared to commit financial resources to implement some or all of the recommendations;or,may consider alternatives to redevelopment, such as sale of the property. • The property owner will operate and maintain the facility in accordance with the local minimum building standards as prescribed by the applicable federal, state, and local agencies for the maintenance and operation of the property. • It is the intention of TSI to determine a project's feasibility and to utilize any and all available resources as a source of project financing. The property owner understands that this analysis will include: an evaluation of project costs; recommendations that utilize any and all available sources of public funding; and, recommendations that promote highest and best use of the property while preserving its historic character. I understand that the information provided will be used to determine eligibility for the Texas Historical Commissions Town Square Initiative and that any final reports or findings become the property of the Texas Historical Commission and may be used to promote the services of the Town Square Initiative. Signature of Property Owner/Joint Applicant Date Signature of Local Government Designee /Joint Applicant Date "Texas Historical Commission P.O. Box 12276 Austin,TX 78711-2276 512.463.6100 TEXAS HISTORICAL COMMISSION fax 512.475.4872 real places telling real stories thc(dthc.state.tx.us www.thc.state.tx.us