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Home My WebLink About2011-167UodadWepartmentsllegallour documentslordinances1111111 n. elm john cartwright .doc ORDINANCE NO. 20 11-167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM JOHN CARTWRIGHT, OWNER OF I I 1 N. ELM STREET, FROM THE DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO EXCEED $5,700; 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, John Cartwright applied for a $5,700 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 Agreement attached heretowith from John Cartwright in an amount not to exceed $5,700 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 0 day of �Q/�Z� , 2011. I l i MARK A. URRMGH MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: s;\legal\our documents\contracts\lllcartwright 111 n elm agreement.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 John Cartwright, Owner of 111 N. Elm Street (the "Owner"), duly authorized to do business and in good standing in the State of Texas, duly acting herein by and through its autho- rized 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 Imown 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, Owner will be the owner, 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 29th day of July, 2011, Owner submitted an application for reinvest- ment 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 Owner for and in consideration of the premises and the promises contained herein do hereby contract, covenant, and agree as follows: I. sllegahour documentslcontractsll llcartwright 111 n elm agreement.doe TERMS AND CONDITIONS OF REIMBURSEMENT A. In consideration of and subject to the Owner meeting all the terms and conditions of reimbursement set forth herein, the City hereby grants the following reimbursement: 1. A reimbursement in an amount not to exceed $5,700 attributable to new capital investments, as hereinafter described, being constructed on the Premises. B. A condition of the Reimbursement is that, by September 201h , 2012 (subject to force majeure delays not to exceed 180 days), a capital investment in the form of facade im- provements, awnings and signs as described 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 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 facade improvements, awnings and signs, as described in Exhibit "C" (the "Im- provements 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, Owner shall have constructed the Capi- tal Improvements as specified in Exhibit `B". III. RECORDS AND EVALUATION OF PROJECT A. The Owner 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 Owner's business operations. Page 2 s:Uegal\our documents\contracts\111cartwright 111 n elm agreement. 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: OWNER: CITY: John Cartwright George C. Campbell, City Manager Owner City of Denton 111 N. Elm 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 20st day of September, 2011, 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 s:\legal\our documents\contracts111\cartwright 111 n elm agreement. 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 Owner, 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 or- dinances, resolutions, or City Council actions authorizing same and Owner 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. XI. BINDING 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 salegallour documentslcontracts1111cartwright 111 n elm agreement.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 A reement 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. r 2011. PASSED AND APPROVED this the %U day of , CITY OF DENTON �kmm �__ GE RGE C. CAMP LL, CITY MANAGER Page 5 sAeconomic development\incentives\downtown grant agreements\l 11 n. elm - cartwright's\agreement original.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. AP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ATTEST: STATE OF TEXAS § COUNTY OF DENTON § ��- Before me, the undersi ned authority, a Notary Public in and for said State of Texas, on this day personally appeared , 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 consider at' n therein expressed. Given under my hand and seal of office this the,�day o 2 11. ,,osA� IIi JENNIFER K. WALTERS :;' Notary Public, State of Texas o My Commission Expires '-,'foF,�� December 19, 2014 ry P isin and for the Via te of exas My Commission Expires: 02 Page 6 sAeconomic developmenAincentives\downtown grant agreements\1 I 1 n. elm - cartwright's\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 John Cartwright, owner of 111 N. Elm Street, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this in- strument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the 13t day of 5g, , 2011. '` 'ooyP&#f-,, CHRISTINA DAVIS a: Notary Public, State of Texas My Commission Expires October 21, 2013 OAA;� " - otary Public in and for the State ofiC�Qi_ My Commission Expires: Page 7 Exhibit A 111 N. Elm Legal description O T Denton Blk 3 Lot 4 (n25') Exhibit B Of 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 permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. In Applicant NamckQ. i� r Date Z-�1 Business Nam r Mailing Address I I IZ x Me + C 1r . b �� Contact Phone d' - 37 0 Email Address V Vn Crt N —�� 0 • Dom in Building Owner (if different from applicant) t I istorical/Current Building Name V 3 �-j-?I (ie;r t, Physical Building Address �, �� YYl �� /z,!/1 TX lr of Work-, (check all That apply) Ynings Yagade Rehabilitation _Fagade - Paint -only signage Impact Fee — Utility Upgrade r Details of Planned Improvements for Downtown Incentive Reimbursement Grant: (attach additional paper If necessary) List Contractor/Project architect Proposals and Total Amounts (please attach original proposal) I. Q a �� ac�1Q - G S -• 5 �"rix'-10y1 01 2. in TOTAL COST OF PROPOSED PROJECT:fTtjZ%!; AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST ABOVE): '� � �I.- Attach w"thall re fired color samples olpalnt, awning/canopy, sign design, etc., as wallas photographs of build' g's er Aaeac andd,(ou»dytior� IZ-VI / Signature 10 of 11 of I' 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 the 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 I fully understand the Downtown Incentive Reimbursement Grant Procedures and Details established by the Demon 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. I 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 facade, sign or awning is altered for any reason within one (1) year from construction, I may be required to reimburse the City of Denton immediately for the full amount of the Do town Incentive ReTO bursem nt Zan 1� Ot J` 1 f,� it �1Jjj J B n reor,iz M ,`7//J Yl� C-7 h � Signature - O Printed Name v Date Building Owner's Signature (if different from applicant) Printed Name Date D TTF Signature (obtain signature at D TTF meeting) Recommendation Date EDPB Signature (obtain signature at EDPB meeting) Recommendation Date 11 of 11 HOW WILL THIS PROJECT BENEFIT DOWNTOWN nQGrlu Y��o Key look 4;�; do (c10xp BUDGET DETAIL S qCIRU ':e , s -� s as a ✓0l' ulbAl' )u Ah 5 �inV WQ 5 CLO r car a 0 ck4 r S$ va►<- �n �y teams, 0.5 4�tdm.W_.e OkA ►f5 fy);tiq � as r, cobft�mi Elm 5� 112156 ►� Mj's- �I C/o w �M�t PROJECT EXPENDITURES CITY FUNDS REQUESTED APPLICANT'S FUNDS TOTAL FACADE REHAB 40 700 00 J Q V T � p 0 h AWNINGS/SIGNS q 00 l6J f P�1 0 $2 IMPACT FEES UTILITY UPGRADES TOTALS / V �-- --70L� �v 1:1 !!J ATTACH EXACT COLOR SAMPLES, MODEL NUMBERS (WINDOWS, DOORS, ETC.), PHOTOS AND/OR SKETCHES OF WORK TO BE COMPLETED. PLEASE INCLUDE AS MUCH DETAIL AS POSSIBLE. `�►'a✓Is�i'm )lie. �c""4 ffm'Q rqp J /001C �M4 ! qov s� c%�� c' wgddrn cage P QJdl41mall we wi It l y/ace {,�8,/-1� a�ur��n ,, w��1� a �rz�o�1 a ��r S !� a-Ulnr�2 r� 11 of 12 S:Vn=dva PragmmTo"to" lncandva Grant Program Applludan.dao 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 I" 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. 1 have met with the Downtown Project Coordinator, and I 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 forthis revitalization project. I 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 facade, awning or sign work and the facade, sign or awning is altered for any reason within one (1) year from construction, I may be required to reimburse the City of Denton immediately for the full amount of the Downtown Incentive Reimbursement Grant. A��_w (Qr-A)rtqA1s �c7YAA Printed Name to owner's Signature (f different from applicant) Printed Name Date DT'T'FSignature (obtain signature at DTTFmeeting) Recommendation care EDPB Signature (obtain signature at EDP$ meeting) Recommendation Date 12 of 12 S:Unarndw PrognmV7owntown fncantive Grant Program Appllulirn.doc Exhibit C Quotation J. THOMAS CUSTOM HCMES INC. COPY Quote Number: 1300 FULTON 295 SUITE 300 A DENTON, TX 76201 Quote Date: Jul 8, 2011 Page: Quoted to: 1 CARTWRIGHT'S RANCH HOUSE III N ELM ST DENTXON, TX 76201 Customer ID Good Tbru Payment Temps Sales Rep JOHN CARTWRIGHT 8/7/lI Net 5 Days Quantity item Description Unit Price Extension 1.00 ESTIMATE TO RETROFIT EXTERIOR OF UILDING LOCATED AT 111 N ELM ST O PRE WAR APPEARANCE. 1.00 LOCAL ANTIQUE BRICK INSTALLED TO 1,800.00 1,800.0 LOWER PORTION OF STORE FRONT BELOW THE AWNING LEVEL 1.00 REpLAcE BROKEN GLASS IN STORE 350.00 350.00 RONT WINDOW 1.00 INSTALL LOCAL ANTIQUE BRICK TO 2,400.00 2,400.0 IE TOP OF EXISTING FRONT PARAPET ALL WITH ROWLOCK & BACKSTOP SUPPORTED WITH CMU BLOCK 1.00 INSTALL CORBLED ROW LOCK TO 750.00 750.00 EXTERIOR FACADE TO FRAME FUTURE IGNAGE . 1.00 NSTALL GOOSENECK ELECTRICAL 450.00 450.00 TGHTING CONDUIT AND SIGNAGE TGHTING FOR FUTURE SIGN 1.00 INSTALL PLATFORM TYPE AWNING TO 5,500.0c 5,500.0 FACADE WITH THRU WALL BOLTS AND IRON INTERIOR BRACKETS, STEEL TURNBUCKLE SUPPORT BRACES WITH TEXAS STAR EXTERIOR BRACKETS. 1.00 PAINT PREVIOUSLY PAINTED MIDDLE 1,000.00 1,000.0 Subtotal Continued Sales Tax Continued Total continued •^ Y J. THOMAS CUSTOM HOMES INC. 1300 FULTON SUITE 300 A DENTON, TX 76201 Quotation Quote Number: 295 Quote Date: Jul 8, 2011 Page: Quoted to: 2 CARTWRIGHT'S RANCH HOUSE Ill N ELM ST DENTYON, TX 76201 Customer ID Good Thru Payment Terms Sales Rep JOHN CARTWRIGHT 8/7/11 Net 5 Days Quantity Item Description Unit Price Extension ORTION OF FACADE TO DIFFERETIATE UILDING AND COMPLINENT ABOVE DESCRIBED LOCAL ANTIQUE BRICK 1.00 EW SIGN TO BE SUPPLIED & INSTALLED BY OWNERS SIGN CONTRACTOR Subtotal 12, 250.00 Sales Tax Total 12, 250. 00 SI'GNA-A *RA MA Estimate No. 7633 Estimate Printed on 7/5/2011 Cartwright's Ranch House Attn: John Cartwright 111 N Elm Denton, TX 76201 Prepared For John Cartwright, Thank you for taking time with me, and for your interest in Sign -A -Ramat Listed below is the quotation for the items we discussed. If you have any questions, please do not hestitate to call. Thank you. Estimate Description 3uilding Sign Acct #: 9760 Terms: 50% Dep; Bal. On Comp. Phone: 940-391-3760 / Fax: E-Mail: jmcart@fmsn.com Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: ALUPANEL (WHI 1 per artwork 1.00 48.00 t92.00 0.00 $ 2,660.00 $2,660.00 Description A 45c f6'son per attached drawing with indidual routed 3141n letters. Product Code Sides Color Quantity Vert Horiz Depth Price 0 Total: Skeleton 1 1.00 0.00 0.00 0.00 $1,135.00 $1,135.00 Description f double stroke neon sign with 18" CR14. The overall size of the sign is 377x70" Notes: Sub -Total $3,795.00 Sales Tax $313.09 Shipping $0.00 Total: $4,108.09 Yours Sincerely, MIKE HERMAN 723 S. WOODROW LANE DENTON. TEXAS 76205 Phone: 940-382-8899 Fax: 940-382-9674 (sardeOverizon.net) ...._.ems'. �, �� _�.....-��-.�-•i •k t i • .. a 1•Y •L ii�' �iLt