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
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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.
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JENNIFER K. WALTER,
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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)
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