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HomeMy WebLinkAbout2010-306Uodad\departrnents\legahour documents\ordinances\10\113 e. hickory love bs #3 ord.doe ORDINANCE NO. 2010-306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM TIM LOVE, OWNER OF LOVE BS #3, A TEXAS LIMITED LIABILITY COMPANY, FROM THE DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO EXCEED $10,000; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive Reimbursement Program by Ordinance No. 2007-072; and WHEREAS, Tim Love applied for a $10,000 grant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves the request from Tim Love for $10,000 from the Downtown Incentive Reimbursement Grant Program. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City, including the expenditure of funds as provided in the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: �(�L� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: / G' 2010. MAYOR cAdocuments and setdngslcagdbrelloca1 settingslumporary intemet fdeAwntentoudooklwlh3f3g01ordimmce and agreement origival.doc DOWNTOWN REIMBURSEMENT GRANT INCENTIVE AGREEMENT This Downtown Reinvestment Grant Incentive Agreement (the "Agreement") is entered into by and between the City of Denton, Texas (the "City), duly acting herein by and through its Mayor, and Tim Love, owner of Love BS #3, a Texas Limited Liability Company, (the "Gran- tee"), duly authorized to do business and in good standing in the State of Texas, duly acting here- in by and through its authorized officer. WHEREAS, the City has adopted a resolution which provides that it elects to be eligible to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria governing downtown reinvestment grant incentive agreements known as the Denton Downtown Reinvestment Grant Incentive Program; and WHEREAS, on the 3rd day of April, 2007, the City Council of Denton, Texas (the "City Council") adopted the Denton Downtown Incentive Reimbursement Program (the "Program"), a copy of which is on file in the City of Denton Economic Development Office and which is in- corporated herein by reference; and WHEREAS, the Denton Downtown Incentive Reimbursement Program Policy consti- tutes appropriate "guidelines and criteria" governing downtown reinvestment grant incentive agreements to be entered into by the City; and WHEREAS, Grantee will be a tenant, as of the Effective Date (as hereinafter defined), which status is a condition precedent, of certain real property, more particularly described in Ex- hibit "A" attached hereto and incorporated herein by reference and made a part of this Agree- ment for all purposes (the "Premises") as of the Effective Date; and WHEREAS, on the 1't day of September, 2010, Grantee submitted an application for reinvestment with various attachments to the City concerning the contemplated use of the Pre- mises (the "Application"), which is attached hereto and incorporated herein by reference as Ex- hibit "B"; and WHEREAS, the City Council finds that the contemplated use of the Premises, the Con- templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement, and the other terms hereof are consistent with encouraging development in accordance with the purposes and are in compliance with the Ordinance and Program and similar guidelines and cri- teria adopted by the City and all applicable law; NOW, THEREFORE, the City and Grantee for and in consideration of the premises and the promises contained herein do hereby contract, covenant, and agree as follows: cAdocuments and settingslcagiilbreUocal settingsltemponny intemet fdcslmtent.oudooklwlh3f3g01ordinance and agreement original.doc I. TERMS AND CONDITIONS OF REIMBURSEMENT A. In consideration of and subject to the Grantee meeting all the terms and condi- tions of reimbursement set forth herein, the City hereby grants the following reimbursement: 1. A reimbursement in an amount not to exceed $10,000 attributable to new capital investments, as hereinafter described, being constructed on the Premises. B. A condition of the Reimbursement is that, by March 7, 2011 (subject to force majeure delays not to exceed 180 days), a capital investment in the form of utility upgrades, fa- cade rehabilitations and adding approximately 1,492 square feet of new conditioned space as de- scribed in Exhibit "B" be constructed on the Premises. For the purposes of this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond the control of Own- er, as set forth in Section XXI "Force Majeure" which makes it impossible to meet the above - mentioned thresholds. C. The term "capital investment" is defined as the construction, renovation and equipping of utility upgrades, fagade and new construction, as described in Exhibit "C" (the "Improvements on the Premises", the "Contemplated Improvements" or "Improvements") to in- clude costs related to the construction of the Improvements on the Premises. D. A condition of the Reimbursement is that the Contemplated Improvements be constructed and the Premises be used substantially in accordance with the description of the project set forth in Exhibit "B". ment. E. Owner agrees to comply with all the terms and conditions set forth in this Agree- II. CONDITION OF REIMBURSEMENT A. At the time of the award of the Reimbursement, all ad valorem real property taxes with respect to said property owned within the City shall be current. B. Prior to the award of the Reimbursement, Grantee shall have constructed the Cap- ital Improvements as specified in Exhibit `B". III. RECORDS AND EVALUATION OF PROJECT A. The Grantee shall provide access and authorize inspection of the Premises by City employees and allow sufficient inspection of financial information related to construction of the Improvements to insure that the Improvements are made and the thresholds are met according to the specifications and conditions of this Agreement. Such inspections shall be done in a way that will not interfere with Grantee's business operations. Page 2 cAdocuments and settings\eagilbreMocal settingsltemporary inkmet fileslcontentoudooklwlh3£3g01ordinanee and agreement original.doc IV, GENERAL PROVISIONS A. The City has determined that it has adopted guidelines and criteria for the Down- town Reimbursement Grant Incentive Program agreements for the City to allow it to enter into this Agreement containing the terms set forth herein. B. The City has determined that procedures followed by the City conform to the re- quirements of the Code and the Policy, and have been and will be undertaken in coordination with Owner's corporate, public employee, and business relations requirements. C. Neither the Premises nor any of the Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning and Zon- ing Commission of the City, or any member of the governing body of any taxing units joining in or adopting this Agreement. D. In the event of any conflict between the City zoning ordinances, or other City or- dinances or regulations, and this Agreement, such ordinances or regulations shall control. V. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designated in writing, by certified mail postage pre- pare, by hand delivery or via facsimile: GRANTEE: CITY: Tim Love George C. Campbell, City Manager Love Shack Burgers City of Denton 113 E. Hickory Street 215 East McKinney Denton, Texas 76201 Denton, Texas 76201 Fax No. 940.349.8596 VI. CITY COUNCIL AUTHORIZATION This Agreement was authorized by the City Council by passage of an enabling ordinance at its meeting on the 7 h day of December, 2010, authorizing the Mayor to execute this Agree- ment on behalf of the City, a copy of which is attached hereto and incorporated herein by refer- ence as Exhibit "D". Page 3 c:ldocuments and settingAcagilbreUocal settings1tempormy internet fileslmtenLouttooklwth3i3g01ordinance and agreement original.doc VII. SEVERABIILTY In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, para- graph, sentence, phrase, or word. In the event that (i) the term of the Reimbursement with re- spect to any property is longer than allowed by law, or (ii) the Reimbursement applies to a broader classification of property than is allowed by law, then the Reimbursement shall be valid with respect to the classification of property abated hereunder, and the portion of the term, that is allowed by law. VIII. OWNER STANDING Grantee, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same and Grantee shall be entitled to intervene in said litigation. IX. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas and is fully per- formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den- ton County, X. ENTIRE AGREEMENT This instrument with the attached exhibits contains the entire agreement between the par- ties with respect to the transaction contemplated in this Agreement. This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives. Xll. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an orig- inal, but all of which together shall constitute one and the same instrument. Page 4 c:\documents and seWngs\cagilbreVocal settings\temporary intemet files\content.outlooMwth3f3gO\ordinance and agreement original.doc XIII. SECTION AND OTHER HEADINGS Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. XIV. NO JOINT VENTURE Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby disavowed. XX. AMENDMENT This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not orig- inally necessary to this Agreement. XXI. FORCE MAJEURE If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obli- gations under this Agreement, then the respective Party's obligations hereunder shall be sus- pended during such period but for no longer than such period of time when the party is unable to perform. Th' Agre nt is executed to be effective 30 days after the executed date of the 1_0 day of , 2010, (the "Effective Date") by duly authorized officials of the City and Owner. 4 PASSED AND APPROVED this the / day of 2010. CITY OF DENTON GEORGE C. CAMPBELL, CITY MANAGER Page 5 c:ldocuments and settings\cagilbre\local settings\tempon ry intemet files\contentoudooidw1h3f3g0\ordinance and agreement original.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY B AP OVED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY FVA i lollew-lou ATTEST: BY: Page 6 cAdocuments and settingslcagitbrellocal settingsltemporary intmut files\content.00tlook\wlh313gO\orditmee and agreement otiginal.doc STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared George C. Campbell, City Manager for the City of Denton, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the 4 day of 2010. JANE E. RICHARDSO Notary Public, State of Texas I 4�1 My Commission Expires June 27, 2013 Page 7 o otary Public in and for the State of Texas j 7/ My Commission Expires: C�0/3 cAdocuments and settingslcegilbrellocal seningsVemporary intemet files\content.outlook\wlh3f3g6\ordina= and agreement original.dac STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared Tim Love, Grantee, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the 151- day of 04Q CQ-rnb'� , 2010. MARLYS JOY SPINDOR Notary Public . and fo thdj NOTARY PtNNK STATE Of TEXAS ca ,@Ww. �.: State of ►,�OF+ -1 2_O7-2o 1 2 My Commission Expires:�— Page 8 Exhibit A ARI'th-at ceftak.4qt,.McE or parcel bfL;-Md. sit uftd m the City. and Omofyofflentm State a:pw William Neill Survey. -AbsWad No. 971 �and being " Of, _ - & 3 Bloc- 10,Origi*.To BEGINM&Gatfheia�- .--qf*eNow -OPOd !Oi4O6,)4ar& with.the East 46undarY liarAt137 R4 -a stike-for -corner; TiONM Fast parallel witb the North boundary line of East Hicwry Strxet 113-1/2'feet;'a. -.take THENCE -Sou -q-4Uelwith the Fast Nne-'of--A,-M-'-t w�l r bmpdaW lfwkory Sved; -THE CF,.Wwt. with the Noxth tqu4dmy 'Iin�.qf BaAMA7w- y tmet 11:3 -A/2 FeetPlaee of ftbeiag.a Oart orwfiat is gene*Uy Imomm as ftT, B. Awfin and Ella M, McBhmy lom, In i of DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM APPLICATION Please return completed with necessary attachments and signature to Downtown Dovelopment office, 215 9. McKjnlley no later than 5 p.m. on the Monday prior to the I" Wednesday of each month. If you have any appileation questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic pm5ervation questions, please contact the Historic Preservation Officer at 940-349-773a. L jl t7 ♦ Applicant Naine- ; M. a Je _Date ♦ Suslness'Nantu__ ♦ Mailing Addre.tis i08 E ' 61, 6SPm ♦ Contact Pitone 1"1 • � �. • q •11 sl. � �(:� � 'tnaii Addn;s5 "�' : m � �4►�� �'� nn t�C.aYv� ♦ Building Owner (!f di ereril from apPliconr) ♦ historical/Current RuildingNaimo_ ♦ Physical Building Address 111 E •: �iS��3., � �Y`—�`� -• ♦ T u or.yy&& (check all lhrti apply) agnde Rchabilitation Fapttde - Paint -only Awnings il8Se impact Fun ,{,utility upgrade ♦ Details of Planned improvements for Downtown lnuentive Iteimbursentent Orant: List Contractor/!'roject architect Pmpasals and Total Amounts (Please attach orlgU101 proposer[s): 1.. g& `y IM t Al.v11 1 LAIILX� 2.,�1(IC� dd�iYl�t,1�L ♦ TOTAL COST OFtrRt)PC)!iL�13P12b1rt(7: ♦ AM()1!N't'OI�CAAt+i1'REt1ut~vt'yen(SO°/Rut+TO�iAr.t:a5n��uovt,)��G�, ♦ lete buagei c mn rnrni anapaea oul Parr, c 1- 14achilh all requiredcolor samples of Paint, awning/canopy, sit; n desig", ele-, as well as o} budding'v eaaerlor facade, roof and foundation. 's $:ilmnNiru Pro�jomlLlawmoxn LnCadl+� <iroM Roysn Ay�d irunn doe HOW WILL TIIIS I'Ii0jVCF DENEC1T' DOWNTOWN DL I-ON7 BUDGET DETAIL PROJECT FXPENDMIRES OTV rUNi3S RFQLIm' n APPLICAMI'S N'UNUS TOTAL MA AUL }tIIHAU ! Vr UU V j�} �/� 1 1 ow A WNINi}S/tifilNS J r� Lp V IMPAt:PT' FF.FS a_ LTTR-ITV ljP*RAT)H..S S000 2,oc � '1'MAI.S U JUp ` -Al T v 22l ATTACH PXA(,rCi}UMSAMPLU,MODELNUMBERS(WINDOWS,Di}ORS,MI'C'.),YHUMSANWORSKEMIE30FWORK 1-0 HK COMPLU TLU. PLL3ASE INCLLTDE AS MLTCH DhTATT. AS POhSIBLL. 6:ttncedwo Praff mVDoantownhx*rAi,v,/nwd Progmu AMlmwm&& DOWNTOWN INCENTIVC REIMBURSEMENT GRANT AGREEMENT FORM PleAse return compacted with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the I" Wednesday of 0A0h month. If you have any application questions, please colitaet the Downtown Project Cuurdlnator at 940.349-1731. If you havo auy building or sign permit/historte preservation ryliestions, please contact the Historic Preservation Officer at 940-349-7732. I have met with the Downtown projeot Coordinator, and .l fully understand the Downtown Incentive Reimbursement Grant Procedures and Details established by the Denton City Council. I intend to use this grant program for the aforementioned renovation projects to fotward the elrorts of revitalization and historle preservation of Denton's himoric downtown. 1 have not received, nor will I receive insurance monies for this revitalization project. I have read the Downtown Incentive Reimbursement Omit Application Procedures including the Downtown Incentive Reimbursement Grant Details. I turderstand that if I am awarded a Downtown Incentive Reimbursement Orant by the Dentonn City Council, any deviation from the approved project may result in the partial or total withdrawal of tiiv Downtown incentive Reimbursement Grant. If l am awarded a reimbursement grant for fagade, awning or sil*ri work and the fhiaWci, sign or awning is altowd fur Hoy reason within one (1) year frolrn construction, I may be required to reluibuse the City of Denton immediately for the tall amount of tho Downtown Incentive Relmburseinent Grant, Name Brinted Nante Date ulrire i erent fi-om applirwit) Prinked Mama, Date DTTF Signature (obtain signature atD7TFineelino, gecommendalloe Date BDPB Signature (obtain signature at EDP13 muedng) Recommendation Date &XIa aivAPmXwdd)uwniu»n]ombyvQ%wAh%4owlApplicummdoc 110W WILL UUS PAQUIDENUeftDOWN'IOWN Dlsl "? � [I BUDG19T DETAIL PRoxa rxr mrJ URP,S 4*V FtlN S Tt%QUj%TF.n APPIAVArfrImlalNus 'TOTAL MA AUM Mh AU ,.._.,._ NIA ISa, out AWNINOSItii(IMS IMPAM PM tTM.TrPUP0RAF)M 9'/1'1'AI,B B�� 0 ATTACH FWA('MOLOK U. MPLUS, MODUNUMBE W (WRMWS, ►Xf0R.4, hW,), PNtrl'b$l ANDIMSR]'sTCII&4 0FWORK TOHMUMtPLLFIIdD, PLnASQ1NCLIMEASMUCHDRTAn,ASIX)4,SIOL1:. NvKmftn fmffRa4*WQm Umdlr OP4 POJw Aj Uamix DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGnEMENT FORM Please relam completed with nemsM Attachments And signAture to Downtown DMVOlopment omQ-, 215 it. McKtnney np IAter thAd 5 p,m on the Monday prior to the 141 Wedmteday or melt month, If you have any application questions, please CoulAet the Downtown Project Coordinator st 940,349-773i. it you havo guy building or alga parmult/hisiorle pmervatton questions, please COMAct the Historic Presomation Officer at 940-349-7732, 1 have met 'with the Downtown Project Coordinator, and I MY tlndersUmd the Downtown Incentive Reimbtt "ant (rant Procedures and Details established by the Denton City CowtaU, i intend to use this grant program for the aforernentlowA renovation projects to forward the efforts of revitalization and histarle preservation of Denton•s htAtnrin downtown, t hav¢ not received, not will I receive insuranCe monies for this ravilalization projevK, I Nava read tho Downtown incentive keimbursemeAt tlrattt Application procedures including the Downtown Incentive F-mimburadment Grant Details. I understaud that If I am awarded a Downtown Incentive Relmhuturnent Gmnt by the Denton City Council, mW deviation from the approved project may result in the partial or tcuul withdrawal of the. Downtown Incentive Reimbursement Grant. If I am awarder; a reimbursement grant for fagade, Pwning or si1,m work mW the Node, sip or awnfiV is altered for any rMon within one (1) year fmm construction, I may be required to reimburse the City of Denton immediately for the full amount of tho Downtown Incentive Reimbursement Grant. 1�vo �� U annWirrn wants [j lie 'sr gnahrr f l ttegNamw Bare mama Dote D7TFSygmature (obtain stgnatwe ar DW mee ft) 11ec0minlemiZ10 om Date l^SDPB StgnutM (obtain sWmtum at RDPB meeting) Re1LVmunenda&n Date svWWd" hQWJdn0Wffmb*1&w a., r#4WM AwIMim.ft 113 E. Hickory I m afl-?4u ./AM M. 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