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2016-333S:\Legal\Our Documents\Ordinances\16\200 W Oak ordinance JTs,doc *RDINANCE NO._ 2016-333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM JIMMY TRITT, REPRESENTING JT CLOTHIERS, FROM THE DOWNTOWN REINVESTMENT GRANT PROGRAM NOT TO I $20,000; 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 on December 6, 2011, the City Council approved changes to the Downtown Reinvestment Grant Program by Ordinance No. 2012-001; and WHEREAS, Jimmy Tritt applied, for a $20,000 grant; NOW, THEREFORE, SECTION 1. The City Council of the City of Denton hereby approves the Agreement attached hereto with from Jimmy Tritt in an amount not to exceed $20,000 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. day of 2016. c,-11-m,"[S VATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. A BY: 7- 41 investmen W1 arious a ac VS (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- ternplated Improvements (as hereinatter defined) to the Premises as set forth in this Agreement, and the other terms hereof are consistent with encouraging development in accordance with the &T-conomic Develtipment\INCENTIVES\Downtown Grant Ageements1200 W. OaHT(Uhiers 2016\200 W. Agmement Mdoc purposes and are in compliance with the Ordinance and Program and similar guidelines and 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: A. In consideration of and subject to the Owner meeting all the terms and conditio *f reimbursement set forth herein, the City hereby grants the following reimbursement. A reimbursement in an amount not to exceed $20,000 attributable to new capital investments, as hereinafter described, being constructed on thl:. Premises. B. A condition of the Reimbursement is that, by November 1, 2017 (subject to force majeure delays not to exceed 180 days), a capital investment in the form of faqade work , as de- scribed in Exhibit "B" be constructed on the Premises. For the purposes of this paragraph, the terrn "force majeure" shall mean any circumstance or any condition beyond the control of Own- er, as set forth in Section XXI "Force Majeure" which makes it impossible to meet the above- mentioned thresholds. C. The terna "capital investment" is defined as the construction, renovation and equipping of fa�ade work, as described in Exhibit "C" (the "Improvements on the Premises", the "Contemplated Improvements" or "Improvements") to include costs related to the construction lif 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 pro- ject set forth in Exhibit "B". E. Owner agrees to comply with all the terms and conditions set forth in this Agree - A. At the time of the award of the Grant, all ad valorem real property taxes with re- spect to said property owned within the City shal I be current. B. Prior to the award of the Grant, Grantee shall have constructed the Capital lm- provements as speced in Exhibit "B". �Mj S:V---cork-iinicl)evelopmcnt\]NCENTIVI--S\Downtown Grant Agreemtn(s\200W,0akV1 ClothiLr%2016\200W. Agicanen0l's.doc 3. EVILLIATION OF PROJEC-1- 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 are -met accordin3,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. A. The City has determined that it has adopted guidelines and criteria for the Down- town Reinvestment Grant Program agreements for the City to allow it to enter into this Agree- ment 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 mernber of the City Planning and Zon- 7Q+ *W I MM I W*AftCli W -lip member of the 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. 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: W7,.1,W ,LjjN,#ff% Jimmy Tritt JT Clothiers 200 W. Oak Street AWLn_L_ Ty_yta% 7,001 Howard Martin, Interim City Manager City of Denton 215 East McKinney Denton, Texas 76201 Fax No. 940.349.8596 NM SALconomic Development\IN('[:NTIVUS\Ijowntown(-irant Agreements'aOO W. Oak\)] Clothim2016\200 W. AgrcumentJTs.doc 6. f'JT_Y_C_4JP_LUC_L1_,4, 11T VDMI&AVTIW� This Agreement was authorized by the City Council by passage of an enabling ordinan at its meeting on the 2nd day of December, 2014, authorizing the Mayor to execute this Agre ment on behalf of the City, a copy of which is attached hereto and incorporated herein by ref ence as Exhibit "D". 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 Grant with respect to any property is longer than allowed by law, or (ii) the Grant applies to a broader classification of property than is allowed by law, then the Grant shall be valid with respect to the classification of property abated hereunder, and the portion of the term, that is allowed by law. 8. OWNER STANDING Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any rflqx_;Mi��-_Agreement or anVA of the undtr1&jW-. or- dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to intervene in said litigation. 9. 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, 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. SAF.conomic Dcvclopment\INC'LN'I'IVES\I)uwntown Grant AgreeinenL%\200 W. Oak\J I'Clothiers 2016\200 W. Agreenvmt ffs.doc 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. 13. ECTION AND OTHER HEADINGS Section or other headings contained in this Agreement are for reference purposes on and shall not affect in any way the meaning or interpretation of this Agreement. i 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 moded 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, If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other 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. "Fills-Agr �ellient is CXCCLAW tt,) be efbective 30 (lays tiller the executed date of the day o I' �3= authorized officials of the _Jg At-- -, 201(,y, (the "Ll-Yeetive Date") by duly author City and Owner. PASSED AND APPROVED this the day of 2016. HOWARD MARTIN INTERIM CITY MANAGER 5M JENNIFER WALTERS, CITY SECRETARY Y: /\Ir I =.' <» 4 a<# » » rm « «d\` » « 47, ^ : . .. . .. #/y\ lRAf, SAEcouoiWc EX-vciopmcni\INCLNTIVES\Downtown Grant AS=mcnt9\200 W. OakVT Clothiers 2016\200 W. A )Ts.doc ff 0 w 1 ' 1619111 ill N Met) III pi 0 0 1 i�. Before me, the undersigned authority, a Notary Public in and fbr said State of Texas, on this day personally appeared Howard Martin, Interim City Manager for the City of Denton, acknowl- edged to me that this instrument was executed for the purposes and consideration therein ex- pressed. 01-M N&Av Publid-ill arid "Ibrthe S60!�_of'fexa I " Ify—r-IMIT, ff i%%41 . "IP j E N E 7 JENNIFER K. WALTER, WA NOTA A P118 -6 1A __4t '­-NOTARYPUBLIC-STATE F Fly Ll(_ - T� _VAS M� 0M EXR 12-19-201 �12_1 NC_ �TARY I I I I TARY ID I I 17650 01-M N&Av Publid-ill arid "Ibrthe S60!�_of'fexa I " Ify—r-IMIT, ff i%%41 . "IP SAEconomic DevelopmenON CENT I VESDowntow n Grant AgreemenIODO W. OakVT Clothiers 2016\200 W. Agreement Rs.doc STATE OF TEXAS Before me, the undersigned authority, a Notary Public in and for said State oT this day personally appeared Jimmy Tritt, Owner, known to me to be the person who s i gu=a executed the fbregoing instrument, and acknowledged to me that this instrument was execut for the purposes and consideration therein expressed. Given under my hand and seal of office this the dayof A d_t�,, '___'�2016. T GLORIA M COUGHLIN Notary ID # 130698789 My Commission Expires June 13, 2020 Notary Ptiblic. in wid Pt d) the State of --V My Co fission Expires: b o ..... . .... . . . ........... . ..... EXHIBIT B �tL 81 Ayr Downtown Reinvestment Grant Program Application Please return completed with necessary attachments and signature to Economic Development office, 215 E. iNicKiniley no litter than 5 pm by the first Monday of each month. If you havea"Y application questions, please contact the Econornic Development Prn!ram Administrator at 940- 349-7732. Applicant Name jiusicss Contact Phone Zoo VJ, C). ° -1 16'LC5) LM Email Address ) 4 0(wY. Building Owner (if different from applicant) ("Y, Historical/Current Building Name Project Site/Address R� Type of Work: (check all that apply) Paint Only r= FaVade & Building Renovation LZ—\i YJ Signage Awnings LZ -1- J Impact Fees Utility Upgrades F Details of Planned Improvements relating to Grant Request (attach additional information if necessary) 0 AA C!7, Downtown Reinvestment Grant Program Policy 7 Ilex w will this .. ..... .. . �-Jkt v, ect benefit Downtown? roject Expenditures Estimated Costs .. ... . ..... Grant Requested Faqade/Building Rehab k`v_n i n gs .. ef'o . .............. . . .. . ... . .......... ............... MPae ees t.1ij Upgrades q -7 7d e161 TOTAL COST OF PROPOSED PROJECT $ TOTAL GRANT REQUEST (May not exceed 50% of TOTAL COST up to $25,000) Attach Wth al/ required color samples oftabil, awning1canopy, sign design, etc., as spell as photographs of building's exteriorfireade, roof andfoundation. Date you have any questions, please contact tile Economic T+�Mt lingram AUMlHJN1rHTU1* %I V411- 349-7732. 1 1 have met with the Economic Development Program Administrator, and I have read and fully understa the Downtown Reinvestment Grant procedures established by the Denton City Council. I intend to use this grant program for the aforementioned renovation projects to advance the efforts of revitali7Ation an h istoric preservation of Denton's historic downtown. I have not receiveel, nor will I receive insurance moniesfor this revitalizalionpi-qject. I understand that if I am awarded a Downtown Reinvestment Grant by the City of Denton, any deviatio c 'r S u' 'a e n an, x Viat0 frorn the approved project may result in the partial or total withdrawal of the grant. (If I arn awarded a reinvestment 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 grant.) YushresslOrganization Name llriiskel Name ------------------ fflis section is to be completed by Economic Development staff Date considered by D 7TF Reconintentlation Stajj'Signatnre Date considered by City Manager Recommendation City Manager Signature Date considered by EDPB Reconnnen(lal;on Staff Signature Downtown Reinvestment Grant Program Policy 4 How will Ilds, pr9jecl benefito Dwntown? . ..... . . . ........... ...... .. .. . ........ ..... . .... . ....... . .. ...... ... ..... . . . . .... )IJ . .. . ...... . . . .......... . Estimated Costs Givnt Requested 616) 3 TOTAL GRANT RE, QUEST (May not exceed 50% of TOTAL COST up to $25,000) plip poll=, to .TM32=