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2011-166\lcodadldepartmentsllegal\our documentslordinances1111217 e. hickory marthajensen.doc oxDrNANCE No. 2011-166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM MARTHA JENSEN, TENANT OF 217 E. HICKORY STREET, FROM THE DOWNTOWN 1NCENTIVE REIMBURSEMENT GR.ANT PROGRAM NOT TO EXCEED $7,235; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive Reimbursement Program by Ordinance No. 2007-072; and WHEREAS, Martha Jensen applied for a$7,235 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 Martha Jensen in an amount not to exceed $7,235 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 (��J%Y�iI/ , 2011. MARK�1: B�F1�OU,G�HS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: �� s:llegallour documentslcontracts1111jensen 217 e. hickory 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 Martha Jensen, tenant of 217 E. Hickory Street, and owner of Denton Dough Com- pany, a Corporation (the "Tenant"), 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, Tenant will be the 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 June, 2011, Tenant submitted an application for reinvestment with various attachments to the City concerning the contemplated use of the Premises (the "Application"), which is attached he- reto and incorporated herein by reference as E�ibit "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 Tenant far 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 subj ect to the Tenant meeting all the terms and conditions of reimbursement set forth herein, the City hereby grants the following reimbursement: 1lcodadldepartmentsllegal\our documentslcontracts\l lljensen 217 e. hickory 2gP20TT10rit.C�OC 1. A reimbursement in an amount not to exceed $7,235 attributable to new capital investments, as hereinafter described, being constructed on the Premises. B. A condition of the Reimbursement is that, by September 20th , 2012 (subject to force maj eure delays not to exceed 180 days), a capital investment in the form of signs and awn- ings as described in E�ibit "B" be constructed on the Premises. For the purposes of this para- graph, 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 malces it impossible to meet the above-mentioned thresholds. C. The term "capital investment" is defined as the construction, renovation and equipping of signs and awnings, as described in E�ibit "C" (the "Improvements on the Premis- es", the "Contemplated Improvements" or "Improvements") to include costs related to the con- struction 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 E�ibit "B". ment. E. Tenant 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 E�ibit "B". III. RECORDS AND EVALUATION OF PROJECT A. The Tenant 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 Tenant's business operations. Page 2 s:llegallour documentslcontracts\111jensen 217 e. hickory 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: TENANT: Martha Jensen Denton Dough Company 217 E. Hickory Street Denton, Texas 76201 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 20th 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:llegal\our documentslcontracts\llljensen 217 e. hickory agreement.doc vll. SEVERABIILTY In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement sha11 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 classiiication of property abated hereunder, and the portion of the term, that is allowed by law. VIII. OWNER STANDING Tenant, 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. B1NDING 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:Uegal\our documentslcontractsll lljensen 217 e. hicicory 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 Agreeme t is executed to be effective 30 days after the executed date of the ��G day of , 2011, (the "Effective Date") by duly authorized officials of the City and Tenant. PASSED AND APPROVED this the �� day of �/%7i��%(/ , 2011. CITY OF DENTON _� GEORGE C. CAMPB LL, CITY MANAGER �� -� �'�� 2z ti1 � � Page 5 s:\economic development�incentivesldowntown grant agreements�217. hickoryyensen ageement original.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. AP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: MARTHA NS N TENANT DENTON DOUGH COMPANY ATTEST: : STATE OF TEXAS COUNTY OF DENTON § • .�� d /�9a ��; �a�� Before me, the undersi ned authority, a Notary Public in and for said State of Texas, on this day personally appeared . ll, 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 consideratio therein expressed. Given under my hand and seal of office this th��day of , 2011. 'i�1FRrP�s•^= NotaENPubER StateLoETexas :,;��T; My Commission Expires �"-.',;�o��;;� December 19, 2014 Page 6 N ary P 'c in and for the te of xas � My Commission Expires: y s:leconotnic development�incentives\downtown gant agreements�217. hickoryy ensen 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 Martha Jensen, Tenant of 217 E. Hickory 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 � day of , 2011. „��,,,, y ,.•��arrr, •.,, CHRISTINA DAVIS �.o.• !,. : e� •°�= Notar PubHc, State of Texas :,,;�,, .��,: MyCommissionExpires %:; �f `E�• October 21, 2013 ,,,,,,,, Page 7 . . Notary Public in and for the State of ,G My Commission Expires: p 2� Exhibit A Legal description -- 217 E. Hickory A1184a H. Cisco, Tr 109, .1606 Acres, Old Dcad Tr 33 � Exhibit B � �' �� / DQWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM APPLICATION � Please reiurn completed with necessary attachments and signature to Downtowu Development office, 215 E. McKinney no later than 5 p.m, on the Monday prior to the 1'� Wednesday of each mont6. If you have eny application quesHons, please coutact the Downtown Project Coordivatar at 940-349-7731. If you bave any buiRding or sign permit/historic preservation questions, please contact the Historic Preservation Officer st 940-349-7732. � �u� ♦ Applicant Name b�� h CbMPA1Vy ��vlh�fit�l J�NS�7J� Date 6��I ( ♦ Business Name Nl ELLD1^! /Ni �t5 N'R 0 a M ♦ MaitingAddress Z� ��i'-S0� }'-A�LN !'-b pr�ar pcfr� �iX 'j�o2 � Contact Phone Z� Li' Pjh� �i �Zli Emai! Address_ �ICn�11 ��}'Y1G�IDW YYIU,S�1 YD17Y11 i l��p, �N1 � BuiIding Owner (if dify'erent frorr� applicant)�,1� �S � 1•� ♦ ❑ HistoricaUCurrent Building Name Physical Building Address 2� 7 C�� G K0� STRE �T ♦ Tvne of Work: (check all that apply) � ade Rehabilitation �Signage Upgrade , Far,ade - Paint-only +�Impact Fee ♦ Details of Pianned Improvements for powntown Incentive Reimbursement Grant: (anach adctitional paper if necesspry) �/ '� v��► 1 � Awnings ` Utility List Contractor/Project architect Proposals and Total Amounts (please attach original proposals): �. 5 i'�'�u � Sl � � �q?�S � lulr.�r �1, b�rtr�N�L`f ,?� _�.� z. 1 TOTAI, COST OF PROPOSEb PROJECT: � `�2. 3 0 ♦ AMOUNT OF GRANT REQUESI'ED (SO% OF TOTAI. COST ABOVE�: _�r�� ♦ I e et sil form attaehed on a e t Attach with all required color samples of paint, awning/carropy, sigr desig,i, etc., as welt as photdgraphs of building's exterior facade, roof and foundalio�, Applicani's 10 of 12 �J'Z��li Date S:UneanBve ProgranlDowntown Ircative Ontnt AvgtemAppbntiondoc r'� HOW WII,LTHI5PAOJECTHENEFI'fDOWN'I'OWNDENTON7 II�� e.� ��1�C�N� � �c' �1��n1 '�Cisr at3s � �Ai�IGN'tS� j� �vJt�ravJrJ . NJ�'TM�Nr �N O�D�Z 'g�Ji�.o�N�r. r.� � v�l� I� Lar�is _� (�F' �+�1�aSS Cq�1MYl� It� Ad�� O DrI�Gr Y�cU.d��1.1�a�1l� . BUDGET DETAIL PROJECT EXPENDITURES CI�']' FiJNDS REQUESTEp APPLICAiVT'S F'UrIDS TOTAL FA�ADE REHAB AWNINGS/S[GNS � �„iC. r �P � ��,_ �� s � Y � ! +� f �J� � �� IMPACT FHES UTII,ITY UPGRADES TOTALS ATTACH EXACTCOLOR SAMPL&S, MODEL NUMSERS (WINpOWS, DOORS, ETC.� , PHOTOS ANU/OR SKETCHSS OP WORK 7'O BE COMPLE'fED. PL�ASE INCLUDE AS MUCH DETAIL AS POSSIBLE. I 1 of 12 S:Unmidve ProgmnlDOwntown It�tive Grmt P�ugnm AppBcalionEoc �;. :x DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGREEMENT FORM Plesse return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinqey no later than $ p.ra. ott the Monday prior to t6e 1'� Wednesday of each month. If you have any application quesHons, please contact the Dawntown Project Coordinator at 940-349-7731. If you have any buildfng or sign permit/historic preservation questions, please contact the $istoric Preservation Offcer at 940�49-7732. I have met with the Downtown P�roject Coordinator, and i fully ar►derstand the Downtown Incentive Reimbursement Grant Procedures and Details established by the Denton City Council. I interid to use this grant program for the aforementioned renovation prnjects to fonvard the efforts of revitalization and historic preservation of Denton's historic downtown, I have not received, nor will I receive insurance monies for this revitatization project. I have read the Downtown Ittcentive 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 partiat or total withdrawal of the Dawntown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for fagade, awning or sign work and the faqade, sign or awning is aItered for any reason within one (i} year from construction, I may be require�i to reimburse the City of Denton immediately for the �full amount of the Downtown Incentive Reumbursement Grant. p�-rnuN T�� C�MP�! d!� ,� �u.ow M usrt�o�r� Business/Organization Name /V��z�tr� �s� Printed Name � (if different from applicant) Printed Name �-7—zo+i Date t � `4��`"�% Date ------------------------------•-•---------------...-•-----•-----• ---------------------......--------------....----- DTTFSignature (obtain signature atDTTFmeetin� Reco�nmertdation Date EDPB Signature (obtain signature at �DFB meeting) Recommendation Date 12 of 12 S:VnaMlve PmgmmlDOwmown IcewtWe G�ml Pmgram Appflplbndoc � �' St�rll teS� n � 7923 East McKinney - Denton, TX T6208 Phone:(940j 382-8650 Fau: (940) 387-0429 _ _ .: .. ; SOLD TO: :: ;: ;;::.:: -°; : ... :. : : :: .... MELLOW MUSHROOM PIZZA BAKERS 5375 DRAKE pRIVE A7LANTA GA 30336 Exhibit C PROPQSAL Proposat #: 24395 Proposal Date: 05/24H 1 Customer #: 103709 Page: 1 qf 4 :. ..::� ;.....:•. . _ . . ...... .. � .. . . . .. .. .. . .. . _ __ ..... . .,.. . .. , ° ::: : :. . .: . :. . . . . : :..:: B LOCA770N:: �:: '`'::.:: �:;::.::::::: . .::: �. ::. : :, .,:.:;':..:. � . ;:::::..::. MELLOW M!lSHROOM 217 EAST HICKORY STREET DENTpN TX 76209 Starlite Sign L.P. (NEREINAFTER CAl..LED TFlE "GOMPANY"} HEREBY PROPpSES TO FURNISH ALL THE MATERIALS AND PERFORM ALL THE 1ABOR NECESSARY FQR 7HE COMPLETIQN OF: 14821-0 ESTIMATED PROCUREMEN7 FEE & CI"IY FEES TO OBTAIN PERMITS FOR BUILQING SIGN, AS REQUIREO. 1482i-2 MANUFACTURE ONE (1} WALL 51GN TO INCLUDE 7HE FOLLOWING: ONE (1} 5ET FACE LIT/REVERSE CHAMNEL LETTERS READING "MELLOW MUSHROOM"; ONE(1) 3" DEEP "MEL" WITH MOLDEp FACE; AND ONE {�)19" TAl.! SIGN CABINETTAG LINE TO REAO "PIZZA BAKERS", COPY iQ BE ROUED OUT 6ACKED WITH ACRYLIC LED IiI,UMINATION. SIGN INCLUQE .090 ALUM[NUM FCO GRASS. ALL AER SiARL17E DRAWING #110�029R2. 14821-I INSTALLATION OF ONE (lj WALL S1GN PER STARLITE QRAWING �i1105-029R2_ PRICE: PRICE: PRI[E: SUB TOTAIs ESTIMAtED SALES TAXES: $330.00 $13,670.00 $1,200.p0 $15,180.OQ $1,25236 ALL MATERIAL fS GUARANTEED TO BE AS 5PECIFIED, AND THE ABaVE TO BE IN ACCQRDANCE WITH THE DRAWINGS AND OR SPECIFICA710N5 SUBMITTED fOR THE ABOVE WORK AND COMPLE7'EQ IN A WORKMANLlKE MANNER FOR THE SUM OF: TOTA� PROPOSAL AMOUNT: $16,432.36 TERMS: 5Q.0% pOWN, BALANC� pUE ON CQMPLETIflN (INTEREST OF 1.5% PER MONTH WILL BE ADDED TO PAST DUE Af[OUNTS) PRICE DOES N071NCLUDE FINAL ELECTRICAL HOOKUP, PERMITS, �NGINEERING OR TAX UNLESS SPECIFlCALLY 5TATED. 7HE QUO'FED PRICE IS A DISCOUIYiED CA5H PRtCE FOR PAYMENT WtTH CASH� CHECiC, OR WlRE. VISA OR MASTERCARD ARE ACCEPTED WITH A 3% CONVENIENCE FEE. PROPOSAL MAY BE WITHDRAWN !F NOT ACCEP7ED WI7NIN 3U DAYS, WARK WILL tVOT B�GIN UNTI� DEPOSIT AND WRITTEN ACCEPTANCE IS RECEIVED. ANY ALTERA710N FRQM THE ABOVE SP�CIFICATIONS INVOLVING EXTRA COSTS, WILL BE EXECU'C�D ONLY UPON WRITTEN ORbERS, AND WILL BECOME AN EXTRA CHARGE OVER AND AB�VE THE ESiIMATE TO BE PAID BY THE PURCHASER. CpMPANY INITlALS CUSTOMER INITIALS � �' .S�'c3r11 t�Sl 1� � 7923 East McKinney - Dentan, TX 76208 Phone:(94q) 3B2-$850 Fax: (940j 387-0.429 PRUPOSAL Proposat #: 24396 Prnposal Date: Q5/24l11 Customer #: 103709 Page: 2 of 4 Tk15 PROPOSAL DOES NOT BECOME EFFECTIVE UNTIL SfGNED AND DATEp BY THE COMPANY. TERMS AND [ONDITIONS A. REINFORCEMENT OF BUILDING, PHYSICAL CONDITIONS: If Instaflation is a part of thls Agreement, Buyer shall be respanslbte for and pay far a!I necessary reinforcements to the building or any other struc[ures on which Dlsplay is installed, for felocating power lines or other obstades, and for any additional lnstallation Costs incurred by Seller due to adverse soil conditions, underground, or other o6structions including but not Iimited to drilling for excavation or removal of any rock. Unless nociRed af sprinkfer Itnes or private utiflry Iines prior to drilling Seller, is not �esponsibfe for damage caused and shall be indemnified against claims, losses o� proceedings arlsing by replacement, repalr or diversfon of such services. When piet drflling or exravatlon fs ne[essary, Seller will �ontatt Dig Tess or other agents for location of all public utilities. Loraifon of private utliittes is the sole responsibility of the Buyer. In the event rock or adverse sol� conditions are encauntered in the drilling or ezravatlon process, additional monles will he requested by the Selfer. B. SERVICE FEED ANO COST OF ELEC7RICITY: ff power Is requtred for bisplay, customer agrees to provide wlre of suitable capacity and approved type to location of Display in advance of instalfation, and make connettion thereof to Display. Buye� shall be responsibfe and pay for a11 electriclty used or needed by Display. C. DELfVEFiY AIVD PERFORMANCE: Seller shall perform its o6liga[ions with due dillgence, subject to delay or failure resulting from flre. �abor, disputes, unToreseen [ommercial delays, acts of God, gpvernment relations and ochercauses beyond Its reasonable control. D. FABRICATION ItJTERUPTIONS: Upon cammencement of fahrication of Dlsplay by Seller,lf Suyer shall cease or extend scheduled fabrication of pisplay, euyer, in addltion to all other ohligations under thfs agreement, shall be responsi6fe for all Seders costs and expenses resulting from interruptions. Buyer wlll alsb be responsible for addiYional expenses incurred fo recommence fabrtcation including additional labo� and material requlred by Seller to tomplete iahrlcatlon. Any cessation or extension of fabrlcatian schedule requested by Buyer shall he on the sole discretiort of Seller and shall not relieve euyer of any of the obligatlons under this agreement. E. PERMI75, LICENSES, FEES, and 7AXES: If installatlon is part of thi5 Agreement, Buyer shall be responsible for securing and maintaining In for�e all necessary permits from the ownef of the permi[s upon which Display is to be installed, and for all othef prlvate permissions neCes5ary for the Installatlon, use and existence o( �ESplay. If Sellef Is to install Display, Seller shall o6taln (as 9uyers Agent where necessaryj and pay for all permits and Iicenses from public autharities for the Initfal fnsYaflation of blsplay. Seller sAaU not be obligated to cornmence to�structlon of Display unt�l public permlu have 6een issued. Seller shall secure ali necessary permits from the bullding owner and/or others whose permissian IS required for the instaAaiion of the Oisplay and BuyeY shall be Ilahle for any obstruction of delivery due to delay In obtaining su�h permission, and if customer executes this contract of sale without ever a6taining permission from party or parties necessary for the installatlon of sald Display, Buyer remalns hound to the terms and conditions of the Contra[t as thougfi he had obtalned said permissions and egrees to relle�e Seller From anyliabilltles for its failure within 10 days of delivery to erect or install said Oisplay. If such puhlic permits are denied, after reasonable efforts by both part3es to secure same, then this Agreement shall termtnate wkhout liability to either party except that Buyer shall pay Seller fof all manufarturing costs of performing this Agreement theretofore incurred by Seller. Suyer wlll 6e responsible that publl� and private permits, once issued, sha�� nat be revoked. Buyer shall pay all personal property, sales, use and other taxes now o� hereafter imposed on Dlsplay, ks purthase hereunder, or the perfarmance ofthisAgreement. F. DEfAUI.T: Buyer sha11 be (n Default it it faits ta perform any of its obligations under this Agreement or any MalntenanCe AgreemenT relating to Display between the parties hereto, or if bankruptcy or Insolvency proceedings are instituted by or agafnst Buyer, if Buyer makes any assignment of the 6enefit of the [reditors, or if euyer shall grant or permit any pen, security interest or other claim to Dlsplay. Upon 6uyer's �efault, all amounts owed to Seller hereunder shall, at Sellers option, become immedistely due and payable, and Seller shal! have all rights and remedies of a secured party under the uniform Commerclal Code and any other applicable laws, and may enter upon Buyer's premises aod take possession of Display or render it unusable. Buyer expressly waives any and a!I righu to noti�e or hearing prlor to Seller taking possesslon of Display, whether su�h possesslon shall be taken 6y Selfer, Its agents or representatives or pursuant to legal process. tJnless otherwlse provlded by law, any requirement of notice of sate or disposltlon of Oisplay shafl 6e met if such notice 3s malled postage prepared to euyer at leas[ SO days befare the tima of sate nr dispositlon of Display by Seller, Buyer shafl pay for expenses of Seller In retaking, halding and selling Display and In enforcement o/ other remedies of5eller including reasona6fe attorney's fees and atherlegalezpenses� G. INSl1RANCE AND INDEMNITY: During the term of this Agreement, so long as any Sum of money due to Seller under Yhis Agreement is unpaid, Buyer wil) maintaln a policy of insurance Insuring the Dlsplay against physicat Ioss and damage ftt an amount not less than the amount unpafd under this Agreement, Buyer shall cause seller to be shown as a loss payee on su�h polity. Seller shall maintain at Sellers cost a polity of puhlic tlability insurante to insure against property damage and pelsonal injury caused by the negligence of the Seller. ihe polfcy of public liability insurance will exclude damage caused by ads of God, war, riot, civil diso6edlence and al! ather exclusions contained In a Texas standard form policy of publiC liability insurance. Seller alsa maintalns a polity of Workers Campensation insurence. �uring the term of this Agreement, Seller agrees to indemnify and hold 9uyer harmless of and from al! tauses of adion, suits, claims and cosu arising from the negligence of the Seller. buring the term of this AgreemeRt, Buye� shall indemnify and hald Seller harmless af and from all causes of adion, suits, Claims and tosts For damage to property (including damage to the Displayj and personal injuryarisingforthe negligence of Buyer, its agents, servants, emptoyees, representatives and Ihvitees. H, LIMITED WARRANTY FOR STANDARb AND NEON SIGNS: Selie� warranu to Suyer that Display (excludl�g ttuorescent lamps as to which Sefler makes no warrantyJ will be free fram defeds af materlals and workmanship for a perlod of one year from date of delivery ot' Installation. ihereafter, Seller warrants Display agafnst defective materials for one additional year from date of delivery or Installation, to the ex[ent of repfacement thereof at no tost to Buyer except for labor expended in the replaCement of such materials I. LIMIFED WARkANTY fOR LED ILLUMINATER S1GN5: All bisplays with LE� illumination, exCludfng Elettronic Message Centers, wlll be free from defects of materials and workmanship for a perlod of two years from date of delivery or installatlon. I. LIMlTED WARRANtt FOR ELECTRONIC NlESSAGE CENTERS: Seller expressly makes no warranty or claims regarding the parGS, software, materials, or workmanship of Elec[ronic Message Centers. However, Seller will assist in the fu�fiillment of any valid manufacture�s watranty. Seller wilf warranty all labor requlred to fulfilf manufacturer's parts warranty for a period of one year from date of instalfaiton. tOMPANY INI71AiS CUSTOMFR INITIALS �� St�rllte5l n � 7923 East McKinney - Denton, 'fX 76208 Phone:(940) 382-8850 Fax: (940} 387-0429 PROPOSAL Proposal #; 24396 Proposal pate: 05/24/11 Customer #: 103709 Page: 3 of 4 K. WARRAN7Y FOR SIGNS NOT INSTAL�ED BY SEILER: Alf signs purchased from Seller, 6ut Instafled by Buyer or Buyer{s} �ontractor(sj shall not carry a warraniy. Display(s) that requlre installation must have installatfon as part of this contract to be eligi6le far warranty. THF FOREGOIMG ARE EXCLUSIVE AND fN LfEU OF All pTHER WARRANTIES, WHE7HER EXPRESSOR IMPLIEO. L WAIVER OR BREACH: Time and punctual pertorman[e of eath provision are of the essence af this Agreement. No waiver by either party of any default 3hall rnnstituEe a wa iver of a ny suhsequent default. M.TRANSfER OF AGREEMENT: This Agreement shall be binding upon the respective surcessors and assigns of the parties. However, the interest af Buyer shall be transferable only with the prior written consent of Seller. N. GOVERNING/APPLICABLE LAW: ThEs Agreernent shall he deemed to be a tohtraci made under and shall be canstructed in a��ordante with and governed 6y the laws of the State of Texas and of the United State af America. This Agreement is made and Is perForma6le in the City of Denton, Qenton County, Texas. Buyer and Seller agree that suits brought to enforte or interpret or relating to the terms af this Agreement or alfeging defauR there under shall be brought in ihe Sta[e District Courts ar United States Oistrict Courts sittfng in the Ctry of benton, benton County, Texas, which courts shall have exclusive jurisdictlan of such Claims, and Selfer and each surery, guarantor, endorser and other parly ever iiable fpr payrnent of any sums of money payable under this Agreement, folntly and severa!!y waive the right to be sued heron elsewhere. All sums of money due and paya6le under thls Agreement shall he paid ta Selle� at 7923 E McKinney, �enton, TeKas 76208 located in oenton County. Q. INSPECTIONS: Buyer shall inspe�t the �Isplay immediateiy upon delivery or Installation and shall notify the Seller In writing of any defects or variances tberetn within 10 days. In the absences of any such written notificatlon withln 10 days, the Display shaA be deemed in alI respects approved and accepted as satisfactory by Buyer. P. ACCEPTAIYCE OF AGGREMENT: This Agreement shall not take effect until signed by Seller In Denton, Denton founty, Texas, This Agreement constitutes the entire understanding between the parties. No modlflCation5 of this Agreement shall be binding on seller unless approved in writirtg by Seller. 7HE ABOVE PRICES, SPECIFICATIQNS, AND CONDITIONS ARE SA715FACTORY AND AitE kEREBY ACCEPTED. YOU ARE AUTNDRIZEb TO DO THE WORK A5 SPECIFiED. PAYME�IT WILL BE MADE AS OUTLINED IN THE ATTACHEb TERMS AND CONDITIONS OF TNIS CONTRACT. BY SIGNING YOU ARE ACKNOWLEDGING THATYOU HAVE READ, UNDERSTAND AND WlLL ADHERE TO THE CONTRACi' ANb ATTACHED TERMS AND CONDITIQNS. STARLITE SIGN REPRESENTATIVE: BUYER: NAME (PRINTED�: SIGNq7URE: DATE: 71TLE: bATE: TOLR �! 18068 Regulated by The Texas D�partment of Licensing and Regulatioe, PO Box 12157, Austin, TX 787Ii, 1-800-803-9202; wehsite: www.license.state.tx.us/complaints. CqMPANYlNITIALS� [US70MER INITIALS � �' Stc�I�II t�Sl 1? � 7923 East McKinney • Denton, iX 76248 Phone:(S4Q) 382-8850 Fax: (940) 387-0429 DEPOSIT �NV410E Invoice #: DP2439S lnv Date: 05i14/1 i Customer #: 103709 Page: 4 of 4 . ., _ `. SOLD TQ� `: �.. :: :.:: `� . ::: : .:. :: : ::. : :: :: : .'.:: ::.: :: , .: ::. :. :�:: :.:: ' ::. �:::.":.::: ::: :. . ;: ::JOB E.OGA'ElOM� ::: _::: ' :..:: :: .�. :::�;::.. :.::: : :: ::: .:.. `:. :.:: : :' :, :: ::. ........ . . . .:.. . . .:... .. .. .. ... .. :. :: : . MELLdW MUSHROOM AIZZA BAKERS MELLOW MU5Hft00M 5375 DRAI(E bRIVE 217 EAS7 HICKORY STREET ATLANTA GA 30336 DENTpN 7X 76201 --• � -- QTY ::.: :..::::t:: :::.• ::::.:: :::::::: �. :.::.::.:.�:: : �::'.'...bE5CR1PTION ,.. ;` ::;.: :.:.: :;: : . ::. UNIT:PRIC� TOiAL PRICE' :. ESTINiATED PROCUREMENT FEE & CITY FEES TO OBTAIN PERMi7S FOR BUILDING 51GN, AS REQ[11RED. 1 Ql10TE #14821-2 MANUFACTURE ONE (1 } WALL SIGN TO INCLU�E THE FOLLOWING: ONE (1) SET FACE LIT/REYERSE CHANNEL LElTERS READING'ME�LOW MUSNROOM"; QNE(1) 3" bEEP "MEL" WITH MOLDED FACE; AND ONE (1� 19" TALL SfGN CA8INET TAG LINE TO READ "PIZZA BAKERS', COPY 70 BE ROUED OUT BACKEi1 WITH ACRYLIC LEd ILL!lMINATfON. SIGN lNCLUDE .U90 ALUMINUM FCO GI2A55. ALL PER STARLITE DRAWING #11q5-029R2, 1 I QUO*E f�i4821-I IN5TALLA110N OF ONE (1) WALL SIGN PER STARLITE DRAWING �/1105-Q29R2. ESTIMATED SALES TAXES 70TA1. PROPOSAL AMOUNT """ FINAL INVOlCE AMOUNT MAY VARY UPON COMPLETION '•" $13,670.00 $13,67p.00 $9,2U0.00 $1,2Q0.00 °-•--------•-----•- SUB TOTAL $15,180.00 51,252.36 $16,432.36 PLEASE PAY THIS dEPOSfT AM�UNT: � $8,216.18 D�ENT�N, T� Ilpan arrivpl ot ihe jab siTe, ii yaa frnd amr differences betweeR the drawings and the aduof physital tharaderistics of the building which may require rapositioning o� the signs, or if someone an ihe jab sita tells you to insidll fhe signs in a different position thon is called for on the dmwings, stap immediatPly and toll one oftheiollowing foraulhorizafion: 5ladite 5ign - Mike Nguyen ! 94Q-382-8850 ext.1016; De5bie5tellar1817•691�528. Failurerodosmm�r result in the installer having to 6ear Ihe expense of reinstalling the sign in ff�e torrett position and possiblyihe expense to reppir damagesio$oished surfacss. 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YF110W �FRaM AWNING ONLY} �SOUTH FRO AWNING OPEN ENUS SCALE: �/is"— -D° � � � �NORTHfREAR1AWNING _ OPEN ENDS SCA� =1'-�'U f0 FABRI[ATORS:ANYCHANGE �.� wNWOr 7913 E Dml 3rliteSi_�'n.� �� MUST 8E PREAPPROYEO BY PROJER M4NAGER PRIOR70 MANUFAtIifRING. (ORRUGQTE� METAL COVERING PTD. GRAbIENTI'EL[4W TO ORANGE �AWNING SEQION SUILE: % = i -0 ED h1ETAL w(SEAIANT N. ALUM. TlIBE :KEiS 4' O.0 MA% PAIM GRIP C6RRUGA7E� MEfAL 1" AWM. NBE ALUM. WiREWAY/BAQ(GROUND PfD. PMS 242t 5' DEEP FA�-LITjREYER� CHARNfL CETTERS; WHITEACRYLIC FACES wlPRINTE�YINYL OYERIAY; WH17E LE.6. FACE b NALO LIGHTING; BIAQ( �`JEWEtRE; BCACIf REfi1RN5; NdP.TD BIACKCONTOUR; 2' STANUOFFS 3� o�P [HaNNEI. •MF� wmi AIOLDED FACExlBIACKYINTLDfC 6PRIMEDYINYLOYERUIY; ' BLA{K1"JEWELI�E; BLACK RE�URNS / ECQ GRdSS D IAYERS ON � 1 �3. �� R ( J; � r[, J�,� �' . � �/s y �� ." �. S ,, 'j',.'t� �F '°�'�: � .:A � �' }� � � . . �� , �,� �� .�� 1 •�? � / / � ':� �r�`�-� � I� 'E; tia OF EA(H 8 BEHIND BACI( IATER �, UBINfTwINRYfDFACE - - =`�>�,;�, P7p. WHITE; � ROUTEDGRAPHI�WITH � {� � :;x=� 1' TNICK CLEpRpQtRIC - � � ::;�' _ PUSHdHRU LE]TERS xJ � k; „�: ; RE� VINYLOYERLAY; ,;;� �.�`,`� BACR LfTw�NiIITE L.E.D.; ' ; w�,'� :'*: `; TUP � SOTfO�i FRIM & BDTTOM FILLER PTD. Ph15279{; LED.P4'IIERSUPPUESCQNTAIHED � WITNIN C4BINET i0'-U' � 2'-0' �WALLSIGN � WALLSIGN-ENDVIENI LE: , _ ] -0 SCALE:'/, _ ] JOTE T6 FABRI{ATORS: ANY CHAN GES NJIdE TO CUSfDMER SPECS MUST BE PRE APPROYEEf BY PROJ E(TIAANAGER PRIOR 70 MANl1FACTURIN6. � �9z+E. fn�ca�ysr. 217 E. o��.M �x��oa Mike a�wna �di u��q osi feMCwqm�nhLNlleml �jNeYmd�nlKdted� s� ar-r � � �SOUTH FRONT,ELEVAFION 5(ALEc �/t6 = 1'-U" FABRI{ATDRS: ANY OIpNGES MAAETO {l1STOMER SPE{5 MUS[ BE PRE dPPRflVED BY PROJECf hM1ANAGER PRIOR TO MhNUFACTl3RIN6. �.� wnr�arNtxign.mn ... 'F. '. r�mcR _ ,,. _. „ ....-_ m.sc��. wvur . no IeIE BI' cma.eala+anu Me1lawMushrootn 7'-0°x13'-6'=995 05-029 Rx u��.a�,,,p,,,s� 74Z36iiWOmevSt. ,. � � .., St �NORRi REAR ELEVATION S[ALE: ia =1 TO FABRICAiDRS: �� L 28`-0" � 3'-0° i MANAGER PRIQRTO MANl1FACTURfNG. ""�'n71°'o"F0°� MellowMushroom w'�w'~ p 79T3 EM�urtc�A. p�� E. Hicko St QebE UeNw,7XIfY08 (440)162.185o Denlon }X Mii� fmc19W198Jd424 �:,.�__�: _._.�.��:- '-- ----- - --... -----.- EQ 13'-6' EQ �SOUiH (FRONT) EiEYATION N.LS. �PRDPORf10N & POSITIONING 6APPR0%IMATEU-kIAYYARY� 7D fABRICATORS: AAY CMANGES MADE T4 CUSTOMERSPFCS MUSf BE PRE AP?R04E� BY PRDJECf Ml1IVAGER PR14RT0 ��-�► *"*��°aSTMTM�'" Mellow Musitroam �r�� P-0' x 13'-6"= 445 7923E.Md(imie�Tt 2��EiCrcicfl 51. � DebbieS�ellur Dwilaql!{ 76POB �9d%382-eHSa OeMan TX Mike N u arliteSi�ny F�144Q13B1•W29 0...—"'�:�_....w_,�,�.an....�....�.� naa.,..;..:�...�.,.w..�n.d�.c;.,,...�.F..�