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HomeMy WebLinkAbout2011-0711\codad\departments\lega1\our documents\ordinances\11\207 n. bell hoochies seafood ord.doc ORDINANCE NO. 2011-071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM SAMUEL SOLOMON FROM THE DOWNTOWN INCENTIVE GRANT PROGRAM NOT TO EXCEED $7,,M0; 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, Samuel Solomon applied for a $7 000 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 Samuel Solomon for $3-.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 �� , 2011. MARK A. BU-WROU, GH"S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: sAeconomic developmentVneentivesldowntown grant agreements\207 n. bell - restaurantlordinance and agreement orlglnal.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 Samuel Solomon, a Limited Liability Corporation (the "Grantee"), duly authorized to do business and in good standing in the State of Texas, duly acting herein 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 3`d 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 3`d day of March, 2011, Grantee submitted an application for rein- vestment with various attachments to the City concerning the contemplated use of the Premises (the "Application"), which is attached hereto and incorporated herein by reference as Exhibit "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: I. TERMS AND CONDITIONS OF REIMBURSEMENT sAeconomic development\incentives\downtown grant agreements\207 n. bell - restaurant\ordinance and agreement Original. doe 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 $1,500 attributable to new capital investments, as hereinafter described, being constructed on the Premises. B. A condition of the Reimbursement is that, by May 3rd, 2012 (subject to force majeure delays not to exceed 180 days), a capital investment in the form of fagade work, awn- ings, bringing the entryway up to American Disability Act standards, impact fees and utility up- grades as described in Exhibit `B" be constructed on the Premises. For the purposes of this pa- ragraph, the term "force majeure" shall mean any circumstance or any condition beyond the con- trol of Owner, 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 awnings, as described in Exhibit "C" (the "Improvements on the Premises", the "Contemplated Improvements" or "Improvements") to include 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 sAeconomic development\incentives\downtown grant agreements\207 n. bell - restaurant\ordinance and agreement orlglnal.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: Samuel Solomon George C. Campbell, City Manager 6826 Robin Willow Ct. City of Denton Dallas, TX 75248 215 East McKinney 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 3rd day of May, 2011, authorizing the Mayor to execute this Agreement on behalf of the City, a copy of which is attached hereto and incorporated herein by reference as Exhibit "D". Page 3 s:\economiedevelopment\incentives\downtown grant agreements\207 n. bell - restaurant\ordinance and agreement Original. doe 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. :1►Ile This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives. XII. 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 sAeconomic developmentlincentiveAdowntown grant agreements1207 n. bell - restaurantlordinance and agreement orlglnal.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. This Agreement is executed to be effective 30 days after the executed date of the day of , 2011, (the "Effective Date") by duly authorized officials of the City and Owner. PASSED AND APPROVED this the �J a day of AAk , 2011. CITY OF DENTON GEORGE C. CAMPBELL, CITY MANAGER Page 5 s:leconomic developmentlincentivesldowntown grant agreements1207 n. bell - restaurantlordinance and agreement original. doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED A O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i �G,ytir.i� 1�2�7�l�'i-'L�', SAMUEL SOLOMON, GRANTEE ATTEST: 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�/Vday of 52011. ,•'.�A'"&a ' JENNIFER K. WALTERS 112JA It Notary Public, State of Texas y. rc My Commission Expires r-ary Vic in andor the December 19, 2014ofas My Commission Expires: Page 6 s:\economicdevelopment\incentives\downtown grant agreements1207 n. bell - restaurantlordinance and agreement original. 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 Samuel Solomon, Grantee, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was ex- ecuted for the purposes and consideration therein expressed. Given under my hand and seal of office this theap� day of g�Ki ( 52011. ""N'"'' CHRISTINA DAVIS Notary Public, State of Texas My Commission Expires October 21, 2013 l Notary Public in and for the State of My Commission Expires: 2 ► 2013 Page 7 Exhibit A LEGAL DESCRIPTION 207 N. Bell The Arts Council Blk 1 Lot 1 Exhibit B DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM APPLICATION Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the 1" Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permitthistoric preservation questions, please contact the Historic Preservation Officer at 940-349-7732.i %%� � Date ♦ Applicant Name t pi) i ♦ Business Name � � � ��� (/,} J, i1 A j / ram- ♦ Mailing Address A20 f-1vt � -- - ' Email Addressf��'//L,`� a Contact Phone ' ,6 f2 1� U5 i n7 E, G', t Building Owner (if dii ferent fii'oni applicant) ♦ Historical/Current Building Name J ,�fVt ,7 z- 4 a i7� f-- ♦ Physical Building Address r b] uar ge- t Type of Work: (check all that apply) arcade Rehabilitation �Fa�ade -Paint-only Signage —Impact Fee Upgrade ♦ Details of Planned Improvements for Downtown Incentive Reimbursement Giant: (attach additional paper if`n cessary) /6 q"` Awnings Utility �0 //j`v4- List Contractor/Project architect Proposals and Total Amounts (please attach a-ightal proposals): '� '©4 � tl tr s >' 0, 0 2. lIq 1, 64 ♦ TOTAL COST OF, PROPOSED PROJECT: /1 ♦ AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST ABOVE): ♦ Complete budget detail form attached on page 13 Attach with all required color samples of paint, awning/canopy, sign design, etc., as well as photogra SO uilding' exte for facade, roof andfoundation. i Date ADDlicant' genatu e 10 of 12 5,1lncenrive PmVnmlDormtorm Incentive Grant Program Applicalien,doc DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGREEMENT FORM Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the 1" Wednesday of each month. If you have any application questions, please contact tine Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. I have met with the Downtown Project Coordinator, and 1 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 forward the efforts of revitalization and historic preservation of Denton's historic downtown. I have not received, nor will I receive insurance monies for this revitalization project. 1 have read the Downtown Incentive Reimbursement Grant Application Procedures including the Downtown Incentive Reimbursement Grant Details. I understand that if I am awarded a Downtown incentive Reimbursement Grant by the Denton City Council, any deviation from the approved project may result in the partial or total withdrawal of the Downtown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for fagade, awning or sign work and the fagade, sign or awning is altered for any reason within one (l) year from construction, I may be required to reimburse the City of Denton immediately for the full amount of the Downtown Incentive Reimbursement Grant. 'o n 5 9 F- / Bttsitt /O aatizat" ty Nam Owner's Prilrtee(il—Natne Date e- (VO fi-oin applicant) Printed Name �Vn- Date Signatctre (obtain sigrvatui,e of DTTFineeting) Recommendation Date -�--3 -1 ( E➢PB Signature (obtain signature at EDPB meeting) Recommendation Date 12 of 12 S:Vumnlivc pmgnm1170wnt0wn Incenlivc Omnl Pmgrun Applirntion.doc Exhibit C Jim iR i i Construct -ion 214 707 0684 Bid on builcliu Inc-ited at 207 N. Bell Avenue Denton Tx. 02/07/2011 Awning Bid: All materials and labor cost will be included for the awning: $5000 :� , x ' Page 1 of 1 Sign & Graphic SolutionsOMOOmple. Estimate 480- 374i FASTSIGNS Denton # 13901 Estimate Date: 2/25/2011 1:40:OOPM 2104 Sadau Ct. Ste, 130 Denton, TX 76210 ph: 940-383-1785 Printed: 2/25/2011 1:40:14PM fax: 940-566-1869 Email: 480@fastsigns.com Customer: John Blackwood ph: (808) 349-6177 Contact: John Blackwood Customer: 2246 Description: Alum Sign Project Sales Person: Kyle Van Deusen email: johnwblackwood@gmaiLcom Clerk: Kyle Van Deusen Dear John: Thank you for considering FASTSIGNS of Denton for your sign needs. The quotation we discussed is attached below. If you have any questions, please call me at 940-383-1785 or by email at 480@fastsigns.com. Sincerely, Kyle Van Deusen Graphic. D. /Sales Product ` Qty Sides I Size Unit Cost Totals 1 Aluminum :040 4 1 48 x 96 $299.91 $1,199.64 Description: Aluminum .040 with cut or printed vinyl applied. Color: White Text: Notes: Bill To: John Blackwood John Blackwood Denton, TX Line Item Total: $1,199.64 Subtotal: $1,199.64 Taxes: $98.97 Total: $1,298.61 Deposit Required: $649.31 Payment due upon completion of order. ReceivedlAccepted By: SY STEMIFASTSIGNS_CRYSTAL_Esftniale0l Signs &Graphic Solutions Made Simple.e� �w