2011-108salegahour documentslordinances11.1\207 n. hell joe northern ord.doc
ORDINANCE NO. 2011-108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
DENYING A GRANT APPLICATION FROM JOE NORTHERN FROM THE DOWNTOWN
INCENTIVE GRANT PROGRAM; 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, Joe Northern applied for a $5,000 grant; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby denies the request from Joe
Northern for $5,000 from the Downtown Incentive Reimbursement Grant Program.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 121h day of , 2011.
MARK A. BURROUGIS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
~ 000%r'
sAeconomic developmentlincentivesldowntown grant agreements1207 n. bell - building1207 bell 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 Joe Northern, representing transit Center Investments, LLC (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 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 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 3rd day of March, 2011, Owner 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 Owner for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows:
I.
sAcconomic developmentlincentiveAdowntown grant agreements1207 n. bell - building1207 bell agreement orlglnal.doc
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 $5,000 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by June 21St , 2012 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of facade work and
utility upgrades, 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 work and utility upgrades, as described in Exhibit "C" (the "Improvements
on the Premises", the "Contemplated Improvements" or "Improvements") to include costs re-
lated 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".
E. Owner agrees to comply with all the terms and conditions set forth in this Agree-
ment.
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 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:leconomic developmentlincentivesldowntown grant agreements1207 n. bell - building1207 bell 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:
Joe Northern George C. Campbell, City Manager
4601 Portsmouth Ct. City of Denton
Flower Mound, TX 75022 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 21St day of June, 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
sAcconomic developmentlincentivesWowntown grant agreements1207 n. bell - building1207 bell 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
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 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.
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
s:%economic development\incentives\downtown grant agreements\207n. bell - building\207 bell 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.
This jgr ement is executed to be effective 30
day of , 2011, (the "Effective Date")
and Owner.
4h
days after the executed date of the /Z`
by duly authorized officials of the City
PASSED AND APPROVED this the day of 0~& '2011.
CITY OF DENTON
GEO G C. CAMPBELL, CITY MANAGER
Page 5
s:leconomic developmenAincentivesldowntown grantagreements1207 n. bell - building1207 bell agreement original. doe
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP OVED VTO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ATTEST:
BY:
STATE OF TEXAS
COUNTY OF DENTON
.THERN, OWNER
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 laj stay of , 2011.
;;r~r►~:~. JENNIFER K. WALTERS
Notary Public, State of Texas
My Commission Expires
December 19, 2014
Page 6
-in and or the
tMy Commission Expires: ~ ly
s:leconomic developmentlincentives\downtown grantagreements\207 n, bell - building1207 bell 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 Joe Northern, Owner, 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 d'-M day of , 2011.
J~1~pY PUBG LINDA A. HOLLEY
Notary Public, State of Texas
MY commission Expires
-:fir tE*,`~~ Deoember 08, 2013
Z2~~' ~/644- ~Ve
otar Public in and for the
State of y~
My Commission Expires: ld-S-l
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 permit/historic preservation questions, please contact the Historic Preservation Officer at
940-349-7732.
♦ Applicant Name J/dj/~ 5 /-r e- i 112 //d V&rrM ,J-6 , 4, C, Date 3 -3 - /Z
♦ Business Name
♦ Mailing Address &O
Rl f'F~~ " v~St 1 L~a~
♦ Contact Phone )z Email Address _3c,-W,0 C?
♦ Building Owner (if different from applicant) Z a
♦ Historical/Current Building Name 91-?/L 301-iJS
♦ Physical Building
♦ TvDeof Work: (check all that apply)
Facade Rehabilitation
_Signage
_ Impact Fee
v
r/ J
Facade -Paint-only / _ Awnings
V Utility Upgrade
♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant:
8atttach additional paper if neces )
L
List Contractor/Project architect Proposals and Total Amounts (please attach original proposals):
2.
♦ TOTAL COST OF PROPOSED PROJECT: $~q'
♦ AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST ABOVE : Z 2_'74,
Attach with all r color samples of paint, ing/canopy, sign design, etc., as well as photographs of
building's e erior fa de, roof an a n.
77
Dtite
10 of 11
S.Alncentive ProgramlDowntow Incentive Grant Program Appheation.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 V 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 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.
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 fagade, 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.
ization
Printed Name
A) (l~ ~14
Date
Date
-3-1(
's Signature (ifdiff`erentfrom applicant) Printed Name
DTTF Signature (obtain signature at DTTF meeting) Recommendation Date
EDPB Signature (obtain signature at EDPB meeting) Recommendation Date
11 of 11
SAIncentive Program\Downtown Incentive Grant Prograun Applicetion.doe
HOW WILL THIS PROJECT BENEFIT DOWNTOWN DENTON?
BUDGET DETAIL -t c ct ac ~e /f V" ra
k- J
PROJECT EXPENDTFURES
CITY FUNDS REQUESTED
APPLICANT'S FUNDS
TOTAL
FACADE REHAB
AWNINGS/SIGNS
IMPACT FEES
UTILITY UPGRADES
(SU
rJl~~j
C//
TOTALS
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.
11 of 12
S: I=ntive Program\Downtown Incentive Grant Program Applimtion.doc
The yellow house at 213 E. Mulberry previously housed a bail bond company. We are proposing to
renovate the house to allow a Hoochie's Seafood Restaurant. In addition to this property being adjacent
to the Downtown Transit Center, it is also the gateway to the Hickory Street Arts Corridor, and we feel
that a renovated building, in conjunction with an upgrade to a restaurant use would improve the overall
appearance/attractiveness of the area. It will also provide an additional dining option for the burgeoning
downtown area.
862602
PURCHASE ORDER
TO i
SHIP'TO i
ACIDREoS -
ADDR SS- - --v
CITY, ST,4TE, Z!P
CITY, STATE, ZIP
DATE
DATE REQUIRED TERMS
HOW SHIPPED
REQ. NO. OR DEPT. ~ FOR
gUAN71TY
➢ESCRIPTION
PRICE
UNIT
1
4
S
-lz
10
12
13
14
15
-
17
-
7
1II
I
~ ,
21
it
22
24
IMPORTANT
-
-
PLEASE SEND COPIES OF YOUR INVOICE WITH ORIGINAL
PURCHASE ORDER NUMBER MUST APPEAR ON ALL
BILL OF LADING.
INVOICES - PACKAGES
ETC
.
,
PURCHASING AGENT
PLEASE NOTIFY US IMMEDIATELY IF YOU ARE UNABLE
TO COMPLETE THE ORDER BY DATE SPECIFIED--
w= .31
ORICIWAL
To-
Sam
Organization:
Fax Nutnb er:
Date:
Ja171k-try 17, 2011
S ubl ect:
2 04 H ell Ave. D enton T Renlo del B i d
Hooclues
204 B ell Ave. Denton T
Rennodel Bid
1. Install 2) 00ainp since phase semice.
1). Install. 240volt 50amp plug far kettle.
3. Instal:! 240volt supply for the walls in geezer.
4. Install. 6 outdo or fl o a d. li ghts.
5. Install. 1-40 colt payer for vent hood system.
6. Install 10 12)' Ovolt kit chen outl ets.
7. Install power and install 6 ceiling fans.
8. Install 2 2140vol.t lines for heaters on deck
9. Install power for outside sign on time clock.
10. Install lights and plugs on deck.
11. ReMDve att electricity from vrlls to .be removed.
12. Install lights in new ceiling in dining room!.
*ALL WORK WILL BE INSPECTED H Y THE CITY OF DEN TON*
TOTAL PRICE 11,43'1.00
(Pi 1 ce ii7d des Part 3, Lab or and Ta.,,i
Thank. You,
J ali-nor lay
`2 14-686-2 348
4401 :2--.1 z1 -77 0 -Y 9 ,
q~,,_-)
RICHARD WRIG H T
CONTRACTOR
Reference: 207 North Bell
Denton, 'T'exas
PHASE I
ITEM NO. 1: LEVEL STRUCTURE
Adjust and reinforce existing piers and
beams as required to support and level
structure $ 600.00
ITEM NO. 2: DEMO
Demo walls and ceilings as proposed in
drawings. Haul trash. 2000.00
PHASE II
ITEM NO. 3: ROUGH--IN; FRAMING
Reconstruct interior (rough frame) structure
as proposed.
Labor 4 000 - 00
Materials 1500.00
ITEM NO. 4: ELECTRICAL
Rough-in as proposed by Johnny Day 1.1,`00.00
ITEM NO. 5: PLUMBING
Rougb-in plumbing as proposed 9000.00
ITEM NO. 6: HVAC
Rough-in HVAC Unit to boost existing capacity 4000.00
ITEM NO. 7: INSULATION
:I-ns.tall (Closed Cell) foam in stud and raft-er
cavities. [To be dei,crmined based on exposed
areas.] Est 3500.00
PHASE III
ITEM NO. 8: FINISH WALL AND CEILING
[To be determined.]
(A)
Walls
(B)
Textures
(C)
Paint
(D)
Trim
ITEM NO. 9: FINISH FLOORS
[To be determined.]
(A) Tile
(B) Wood
(C) Vinyl
ITEM NO. 10: FINISH ELECTRICAL
Plumbing and HVAC - [To be determined.]
ITEM NO. 11: DECK
Construct deck area (Approximately 1300 s.f.) as
proposed. Construct ramp for access. Construct
deck for refrigerated unit.
Labor $ 4500.00
Materials 4500.00
ITEM NO. 12: DECK COVER
(A) Structure
(B) Type of Cover
[To be determined.]
ITEM NO. 13: CONTRACTOR FEE
-?-0 Percent
Jim Robertson Construction
214 707 0684
Bid on building located at 207 N. Bell Avenue. Denton Tx.
03/20/2011
1. Remove all interior walls., reinforce all load bearing areas. Provide dumpster
$2,000.00
2. General construction for building out interior, to include moving bathrooms , build
out service and salsa bars, restructuring all ceiling/ wall areas as necessary to include
materials and labor.
$11,000.00
3. Replace/Repair damaged exterior components (Facade) to include entrance ramp,
damaged wood,
lattice, synthetic turf, doors and frames.
$9,000.00
3a. Complete construction of North and West facing decks to include labor and materials
$10,000.00
Total Facade Cost $19,000.00
4. Replace windows
$3500.00
5. Roof replacement (if necessary)
$12,500.00
6. Foundation repair
$3,000.00
7. Repaint Exterior
$3000.00
TOTALS $53,000.00 including materials, labor, and taxes
Terms: 50% prior to start, and 50% at completion. Bid good for 30 days from March 20,
2011
*Although demo may begin anytime, interior and deck construction cannot begin until foundation
work is complete
Exhibit C
41
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