HomeMy WebLinkAbout2009-013sAour documents\ordinances\08\e1k river grant.doc
ORDINANCE NO. VaV- t�'IS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM ELK RIVER INVESTMENTS 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, Elk River Investments has applied for a $15,000 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 Elk
River Investments for $15,000 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.
L
PASSED AND APPROVED this the `— day of , 2009.
..� ISM •'
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY?OVED
�
APtAVO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Our documentslcontractAMelk river agreementdoc
DOWNTOWN REIMURSEMENT 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 Elk River Investments Inc. a Subchapter S corporation (the "Owner"), duly autho-
rized 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 P day of April, 2007, the City Council of Denton, Texas (the "City
Council') adopted the Denton (the "Program"), a copy of which is on file in the City of Denton
Economic Development Office and which is incorporated herein by reference; and
WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing down-
town 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 ownership is a condition precedent, of certain real property, more particularly described in
Exhibit "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 Ph day of November, 2008, Owner 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 Owner 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
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:
sAour documents1contracts\081e1k river agreemeatdoc
1. A reimbursement in an amount not to exceed $15,000 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by January 6, 2010 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of awnings, facade and
railings 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, railings and facade 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, Owner shall be current on all ad
valorem real property taxes with respect to any properties owned within the City.
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.
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IV.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria Downtown
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:
*
Ralph Ramsey, Vice President
Elk River Investments
3311 N. I-35, Suite 140
Denton, TX 76207
CITY:
George C. Campbell, City Manager
City of Denton
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 6a' day of January, 2009, 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 "C".
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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.
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.
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)(III.
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.
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.
)OXI.
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.
TW Agreement is executed to be effective 30 days after the executed date of the
day of 2009, (the "Effective Date") by duly authorized officials of the City
and O
PASSED AND APPROVED this the � day of 2009.
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
Page 5
s:\our documents\contracts\08\e1k river ag rnent.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: I �
APPR VED AS -O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
/� OR
ER INVESTMENTS
RALPH RAMSEY, E PRESIDENT
ATTEST:
MIN
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 L4ay of January, 2009.
JANE E. RICHARDSON
?' Notary Public, State of Texas
= My Commission Expires
June 27, 2009
Page 6
Ndfary Public in and for the
State of Texas .,�2eq'�
My Commission Expires:
sAour documcnWoontiaciAMelk river agreementdoc
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 (an officer of) Elk River Investments, a Texas
d4el'W�77all, known to me fo be the persod who signed and executed the foregoing instru-
ment, and acknowledged to me that this instrument was executed for the purposes and considera-
tion therein expressed.
�ceE�lEj2, �ZDo�,
Given under my hand and seal of office this theIL"'day of Ja , 20
^-
"
JANE E. RICHARDS ON
Notary Public, State of Texas
My Commission Expires
June 27, 2009
Page 7
t
0
MUry
Public in and for the
State of
My Commission Expires:
Exhibit A
221 E. HICKORY STREET
DENTON TX 76201
35VA
ALL "HAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEk ,3 SITUATED IN THE"
CISGO SURVEY ABSTRACT NUMBER 184 DENTON COUNTY TEXAS, ANG BEING ALL OF
A TRACT DESCRIBED N A DEED TO JOHNNY WILLIAMS AND JO'M1 JAMS RECORDED
I% DOCJMENT NUMBER 2W5-128O➢6. REAL PROPERTY RECORDS. DENTON COUNT
'EXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT AN X FOUND IN COW -VOTE AT THE NORTHEAST CORNER OF SAIL
WILL;AMS TRACT AND HE SOUTHEAST CORNER OF A TRACT DESCRIBED N A DEED
TO DENTON ELKS LODGE NO 244 OF THE BENEVOLENT AND PROTECTIVE JRDER OF
HE ELKS RECORDED IN VOLUME 2137 PAGE 977 REAL PROPERLY RECORDS
DENTON COUNTY. TEXAS SAID X ALSO BEING ON THE WEST LfW OF OAKLAND
STREET
THENCE SOUTH OD DEGREES 15 MINUTES 10 SECONDS WEST WITH THE EAST JNE OF
SAID 1MLLIAMS TRACT AND THE V*ST LANE CIF OAKLAND S'REET A DISTANCE OF
14020 FEET TC A PK NA:L SET FOR THE SOUTHEAST CORNER OF SAID WILLAMS
TRACT AT THE INTERSECT✓.X. OF THE WEST LINE OF OAKLAND STREET AND T+E
NORTH -:NE OF HICKORY S'REET
THENCE NORTH 59 DEGREES 56 MINUTES 05 SECONDS WEST WTH THE SOUTH LINE
OF SAID YUILUAMS TRACT AND THE NORTH LINE OF HICKORY STREET A DISTANCE OF
4922 FEET TO A BRICK BUILDING CORNER AT THE SOUT.NVEST CORNER OF SAID
%viLuA ItS TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED
TC ROONEY FAAIRE ANC EMIY P HAIRE RECORDED IN VOL:JME 52% PAGE 4633,
REAL PROPERTY RECORDS DENTON COUNTY. TEXAS AND BENT ON THE NORTH
LINE OF HICKORv STREET
THENCE NORTH OD DEGREES 09 MINUTES 41 SECONDS %,EST WITH THE WEST LINE OF
SAID WILLIAMS TRACT AND THE EAST LIVE OF SAID HAIRE TRACT A DISTANCE OF
140 37 FEET TO A PK NAIL FOUND AT THE NORTHWEST CORNER CF SAID W UAMS
TRACT AND THE NORTHEAST CORNER OF SAID HAIRE TRACT SAID NAIL ALSO BEING
ON THE SOUTH LINE OF SAID DENTON ELKS LODGE TRAC',
THENCE SOUTH 86 DEGREESµ MINUTES 50 SECONDS EAST WITH THE NORTH LINE
OF SAC WILLIAMS TRACT AND THE SOUTH LINE OF SAID DENTON ELKS LODGE TRACT
A DISTANCE OF 50 19 FEET TO THE POINT OF BEGINNING AND CONTAINING IN AL,-
0 160 X:;RES OF LAND
r•�. �. 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 I•rtcr than S p.m. on the I►londav prior to the t" NVednesdav of each month. If you have any
application questions. please contact the Downtown Project Coordinator at 940-349-7731. I f you have any
building or sign permit/historic preservation questions. please contact the Historic Preservation OtTicer at
940-349-7732. `
♦ Applicant Namc-_rr � � �I1' : I [►�' :.� (t;.t r�, I.l irate --- --
1
♦ Business dame
• Mailing Address 13 i It 1 ti; + L i - - — - - i t a \► :...1,-c t �f
t _
• Contact Phone �i'-1�J '1', c1 `1`J, Email :address � Fe
• Buildinms Owner ff thffereni %,•ant applicant;
• 1listorical/Current Buildinn Name
• Phvsical fluildinc Address-
♦ T of Work: (check all Mat ahhlo
JFaVadc Rehabilitation ____ Facade - Paim-imly Awnimis
signag .Impact Fee __ (jtilit�
Upgrade
♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant:
;Q(auach athllilionUrf l puper 4nrce•.�w"
K-v r. _ _ l ..- .1.� - ��l1 C �' l�_ l 1 •�ii i`•;'' i. 1 • . I 0AMA frJIif !1wl,
List C•ontractor/Projcct architecl Prolxi+als and Thal Amounts 1pleas , u„ lh•h origipi ,l pruromils):
2.
• PYUAL Cosr of PRorclsl n PKc)rl•:c-r:
1_
♦ AAtorw of t)t1�� t' RFQ1jF51-ED A1 (50% OFTt)T. COtiT AB0,s*F.): J(J `�'}J
• Complete hudect detail form attached on page 1
A1tuCl with all required Lwlur .samples ojpuittl, u►t�ttitt,:;/ccutn/�t , si�tt dev;gm, etc.. u.c lvell a.v
p/I og uplta of huilclitt/; '.c cxltriur fuc udc, r„nJ utttl Ji,tcnrluli„n.
arrlict 11's Si:;nulurc I Du e
1 t) of 12
lydort•.e Pmeomn 11k . :.n.n Inrune (-Am 1n•_:xn AH—rm.,n Au
HOW WILL MIS PR rc r rIENr--.FI1 WN- OWN DFpn-()Nl - l `
Rtmcl:-r iwrAll,
PROJECI I'XIT%DI11 RES
(ITv Fumms RF:()I FtiI F I)
AI'1'1.1C.% % I"s Ft %D% � 'I oI •\1.
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AWNING%/SIGN~
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IMPACI ITI-S
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LA FLA
ATIACN FYAVI'COLOR SAMPLI-S. M(H)1:I. NIIMHI RN (WINIX)Wti. IXM%,FTC.). 11II0TOS AND/OR SKFTCIIFS OF WORK
To BF C0MPI.F"iT:D. PI FASI INfCI.III)I- AS NII ICII I)I IAII AS POSS1NLL.
II of12
%,Inierr:%r 1'rtr,•tam 1�•Mn: �Mn In rnL� • (: arN ITS a111 Appit7t� d<.0
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
AGREEMENT FORM
Please return completed with neressury attachn►ents unit ldgnalorc to Downtown Development office. 215 E.
McKinney no later than 5 p.m. on the Monday prior to the I" Nednesd:ry of each month. If you ha%c any
application questions. please contact the Doiintown Project Coordinator at 940-349-7731. If you have any
buildin;; or sign permiUhistoric preservation questions. please contact the Historic Preservation Officer at
940-349-7732.
ha%c inet %%ith the Downtown Project Coordinator. and I fully understand the L)owntown Incentive:
Reimbursement Grant Procedures and Detaik established b% they Denton City Council. I intend to use this
17ant program for the aforementioned renovation projects it, fiorward the efforts of revitalization and
historic preservation of Denion', Historic do"ntown. 1 have not received. nor will I receive insurance
monies for this rt;vitaliratiun project.
I have read the Downtown Incentive Reimbursement Grant Application Procedures including the
I)ro%%ntown Incentive Reimbursement Grant I)etails.
I understand that if I am awarded a Mm-niown Incentive Reimbursement Grant h% the Denton City
Council. am deviation from the approved project may result in the partial or total withdrawal of the
Duwnlim n Incentive Reimbursement Grant. If I ant awarded a reimhursemcnt grant tier lagade. awning
or sign work and the fagade. sign or awning is altered for am, reason within one (1) year from
construction. 1 may be required to reimburse the City of lhnion immediately for the full amount of the
Downtown Incentive Reimbursement Grant.
Rucinc•WOr„ anjwtion Nance 1
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Apple iit'x .Si nufure Printer! Nance � Date
41
Rnilrlk-, Oswier'.c .Vi nuture of *di-jJf,rrul frnn upldic•uw) Printed Nance \ Date
DTTF.Sit;natare %r,hluin sigmilure tit D7TF meeting) Recommendation
Date
EDPR Signanire (obtain signature at EDP13 meeting) Recommendation Data
12 of 12
1 •in.mt�.r 1'rnp�n�l►.•NrtnNw In:ITII\r (wsri r4"i�yi7 1pi+l�'at�.�n d�:
Caliber Construction, Inc.
504 Chambers Street
Denton, Texas 76205
(940) 898-8784
(940) 591-0704 Fax
Address: 221 Hickory
Date: 31-Oct-08
Area:
6410 SF
Building Remodel/ Repairs
Impact Fees
Foundation Labor
Trim Windows
Exterior Doors
Roofing
Waterproofing
Electrical Materials
Electrical Service Revisions
Mason Labor
Extenor Painting
Concrete Ramps
Signs
Costs
S26.405
S5.000
S1,250
S11.500
$18,150
S 1,650
$29,900
S30,000
S3,300
S8,200
S3,100
$6.000
Aw
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