2017-144sAlegal\our d0cuments\ordinances\17\112 w, oak ordinance. doc
ORDINANCE NO, 2017-144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION OF JOHN WITHERS, REPRESENTING
WITHHICKS, LLC, LOCATED 112 W. OAK STREET, FROM THE DOWNTOWN
REINVESTMENT GRANT PROGRAM NOT TO EXCEED $25,000; 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, John Withers applied for a $25,000 grant; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the Agreement
attached hereto from John Withers, representing Withhicks, LLC, in an amount not to exceed
$25,000 from the Downtown Incentive Reimbursement Grant Program.
"SECTION 112. 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 , 2017,
CI -IDIS WA';"I:"S, MAYOR
ATTEST:
JENNIFER WALTURS. CITY SECRETARY
LO.",
A1111 VED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:m
�w
This Downtown Reinvestment Grant 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 John Withers, representing Withhicks, LLC, located at 112 W. Oak Street (the
"Grantee"), duly authorized to do business and in good standing in the State of Texas, duly act-
ing 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,
♦ the 3 d ♦ • April, 2007, the City Council ♦ 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 on October 13, 2011, the Downtown Task Force recommended changes to
the original Downtown Incentive Reimbursement Grant Program; and
WHEREAS on November 1, 2011, the Economic Development Partnership Board rec-
ommended the changes to the City Council of the City of Denton, including changing the nam';
of the program to "Downtown Reinvestment Grant Program" (the "Program"); and
WHEREAS, on December 6, 2011, the City Council approved said changes to the Down-
town Reinvestment Grant Program; and
WHEREAS, the Owner will be the Owner, as of the Effective Date (as hereinafter de-
fined), which status is a condition precedent, of certain real property, more particularly described
in Exhibit "All attached hereto and incorporated herein by reference and made a part of this
Agreement for all purposes (the "Premises") as of the Effective Date; and
WHEREAS, on the I 01h day of January, 2017, 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
Macintosh Tem p:1.12 W Oak oVecm ent 4-27-17,doc
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:
1®
TERMS AND CONDITIONS OF REIMBURSEMENT
I A reimbursement in an amount not to exceed $25,000 attributable to new
capital investments, as hereinafter described, being constructed on the
Premises.
B . A condition of the Reimbursement is that, by May 9, 2018 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of fagade work, as de-
scribed 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 Own-
er, as set forth in Section XXI "Force Majeure" which makes it impossible to meet the above-
mentioned thresholds.
C. The to "capital investment" is defined as the construction, renovation and
equipping of fagade work, 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 pro-
ject set forth in Exhibit "B".
L Owner agrees to comply with all the terms and conditions set forth in this Agree -
1
CONDITION OF REIMBURSEM-EN1
AAt the time of the award of the Grant all ad valorem real property taxes with re-
spect to said property owned within the City shall be current.
B. Prior to the award of the Grant, Grantee shall have constructed the Capital Im-
provements as specified in Exhibit "B".
N MT
Macintosh HD:Users-.johnwithersjr:Libruy:Caches:Temporaryltems:Outlook TempA [2 W. Oak agreement 4-27-17.doc
1
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.
4.
GENERAL PROVISIONS
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 member of the City Planning and Zon-
body of an-��, �xinx�_Qj�2_Ln
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,
L'�OLS:nkl ol1tr PW*Y' or
pare, by hand delivery or via facsimile:
Withhicks LLC
Attn: John Withers
1400 Dallas Drive
Denlon, exas 76205
am
Todd Hileman, City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Fax No. 940.349.8596
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 2nd day of December, 2014, 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".
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,_auhs_tQt_i_o_n,, parpI
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
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.
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,
10.
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.
�m
Macintosh HD:Users.johnwithersjr:Library:Caches:Temporaryltems:Outlock Temp: 112 W. Oak agreement 4-27-17.doe
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:R
.... _A ...... . .__. a .:
APP ED AS IO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY _s
JOHN U-I`I-I.ERS, MEMBER
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 Todd Hileman, 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 consid ration therein expressed.
Given under my hand and seal of office this the _ day of , 2017.
��Y M� o�alyll 1�1l�e in and for the
pfl�P4::: :'1 WAW::
. Sta
M Commission Expires:�..:.�
C,01 EXP :2 alar Y
✓ k
Page 6
Macintosh HD:Users:johnwithersjr:l,ibrary:Caches:Tempomryltems:Outlook Temp:112 W. Oak agreement 4-27-17.doc
r NEMA fFR
z NWOry Ptrb ic. 5to of Iowa
STATE OF TEXAS § °y4 troycorrtmr ssh n - Aires
COUNTY OF DENTON § June I ,
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared John Withers, Member, known to me to be the person who signed
and executed the foregoing instrument, and acknowledged to me that this instrument was execut-
ed for the purposes and consideration therein expressed.
Given under my hand and seal of office this the day of „
..__, 2017.
Notary l and � .�....
Nfor the
State of
My CoiTimisslon Expires:4WA..)OM
Page 7
F;MPTW
Legal Description
0 T DEWTON BLK 5 LOT 3
Downtown Reinvestment Grant Program Application
Please return completed with necessary attachments and signature to Economic Development
Offke,215E. Mcl lnney no later than 5 pm by the first Monday of each mouth, ff you have any
appileation questions, please contact the Economic Development Program Administrator at 940-
349-7732.
Appiicaumt Nene Date
Baainess Namse
d
Contact Phont
w
Building owner (if different from applicant)
:!�
:"nt
"un Buldh�g Name
Project iteP,'�ds�s
._ _...
7 ,
Type of work: (check all that apply)
Paint Only FaSade & Building Renovation
Signage ED Awnings
Utility Upgrades ® impact Fees
Details of Planned Improvements relating to Grant Request (attach additional information if
n r'a I.
® 1
1
A
77
47"" �c� z
t .�.
Cp
t Lj.�> I MA�.
4J'51WtKVVN or— b,t 1 �{OP
0041 'MXIJF. Downtown Reinvestment Grant Progem Policy 7
How will tb oroiect benefit Oowntoymm_ _ _ &11 ° c 16 tQ
e, .._. t ( , l % "
_IT 1 NA
.t
Awnings
Impact Fees
Upgrada
Totals
t EatortdltuwMes,
Rehab
Estimated
0, ao
�od.dd
GJY. /(/S- 7C/
" b W -Cs T f rm 4-7 Z-
TOTALCOST OF PROPOSED PROJECT
TOTAL GRANT REQUEST
(MAY not exceed 50% of TOTAL COST up to $25,000)
Grant Requested
/7, 0 00
S', 1140
$ / d 17
S
Ede)
Aaac1r w th all required color samples of palm, awn1jogleanopy, sign design, iga, eta, as welf as
photo, hs of 691011,9! ext rlor, facad" roof widfoundaden.
qLULn
Dale
Downtown Roinvostmvnt Grunt Program Policy 8
DOwwowN RE11WESTMENT GRANT AGREEMENT FORM
Please complete and return with Downtown Reinvestment Grant Application to Economic
Development otBce, 215 E. McKinney no later than 5 pin by the Birt Monday of each month. If
you have any questions, please contact the Economic Development Program Administrator at 940-
349-7732.
1 have met with the Boonomic Development Program Administrator, and I have mad slid fully understand
the Downtown Reinvestment grant procedures established by the Denton City Council. I intend to use
this &Wit programa for the albromentioned renovation projects to advance, the efforts of revitalization and
historic preservation of Denton's historic downtown. I have not received, nor will l receive hmmance
monies for this revitalization project.
I understand that if I am awarded a Downtown Reinvestment Grant by the City of Denton, any deviation
from the approved project may rcasult in the partial or total wittydmwal of the at* (if I am awarded a
reinvestmeut grant for fagade, awning, or sign work and tyre fa ade, alp or awning is altered, for any
reason within one (1) year f-om construction, I may be required to reiniburse the City of Denton
immediately for the full amount of the t.)
Wriquits Luc,
Printed Name Dale
Building Owner's Signature gdiI erent from applicant) Printed Name Date
- -------------•- - .....•...-....._.....-----,..- ._ ._.._,_...._------
................ ........................
This section is to be orrrpleted by nramic veloprncnt ata
Date considered by DTTF E"ecommen adon MggSignature
Estimate Date: 10/10/2016
Prepared For: John Withers
Project: 112 W Oak Fire System
Estimated completion time: 6 work weeks after permit
Project Square Footage: 2400
Asbestos Inspection
$1,700.00
Supervision
$1,800.00
Demo
$0.00
Masonry
$0,00
Plumbing
$0.00
Mechanical
$0.00
Electrical
$2,100.00
Framing, Drywall & Insulation
$2,500.00
Tape, Bed, Texture and Paint
$0.00
Doors, Glass Windows
$650.00
Flooring
$0.00
Restroom equipment
$0.00
Ceiling Grid, Tiles & Insulation
$1,500.00
Fire Sprinklers
$33,150.00
Fire Alarm
$12,000.00
Underground utltly and site Estimate
$19,000.00
Final Clean
$2,400.00
Equipment
$0.00
Insurance
$1,152.00
Subtotal
$77,952.00
104 Profit $7,795.20
Total $85,747.20
Sales Tax $7,074.14
Project Total $92,821.34
Notes:
Asbestos abatement excluded
Repair F,
iel , LLC
2 26 James St. Denton, TX 76205
(940) 381-2222 Fax (214) 853-4323
Estimate
Date]!%12J1912
01
Description
Remove existing concrete facade and haul off
Repair/ Recover front brick facade or cover with EFTS or atone. Open up
covered windows and reglaze windows
Canopy matching 123 N Elm
Terms: Half due upfront and remainder due upon completion,
Estimate good for 30 da)T
Rep f Project
Qty
Rate
Total
8,000.00
8,000.00T
22,000.00
22,000.00T
21,000.00
21,000.00T
Subtotal $51,000.00
Sales Tax (8.25%) $4,207.50
Estimate approved: I Total $559207.50
Tristar Repair & Construction
M���eNYrr t n ��rw��9arru
xFr�rW�eprbaa. ,uw,�.�w�u�a�a
Client: Carol Collins
Property: 112 W Oak St.
Denton, TX 76201
Operator. TROY
Estimator. Troy Ballenger
Company: TriStar Repair & Construction
Business: 2126 James St
Denton, TX 76205
Type of Estimate: Hail
Date Entered: 11/15/2016 Date Assigned:
Price List:
7XDF8X OCT16
Labor Efficiency:
Restoration/Service/Remodel
Estimate:
112 W_OAK
File Number:
705610610
Home: (940) 565-8337
Cellular: (940) 368-1900
E-mail: troy@tristarrepair.com
Tristar Repair & Construction
112_W -OAK
Main Level
Demo
DESCRIPTION
..... . W
QTY
REMOVE
REPLACE
TAX
O&P
TOTAL
26. Dumpstor load - Approx. 40 yards,
2.00 EA
566.89
0.00
112.25
226.76
1,472.79
7-8 tons ofdebris
1.00 EA
0.00
150.00
14.86
30.00
194,86
27. Debris chute mounting hardware -
2.00 WK
25.00
0.00
4.96
10.00
64.96
per week
1.00 EA
0.00
2,042.52
202.21
408.50
2,653.23
28. Debris chute hopper - per week -
2.00 WK
28.80
0.00
5.70
11.52
74.82
30" x 4' sotion
500.00 SF
0.00
0.16
7.92
16.00
103.92
29. Debris chute - per week - 30" x 4'
4.00 WK
15.60
0.00
6.18
12.48
81.06
section
45.00 LF
0.70
5.63
28.20
56.98
370.03
2 sections for 2 weeks, for upper and lower roof section debris removal
Totals: Demo 129.09 260.76 1,693.63
General Conditions
DESCRIPTION
QTY
REMOVE
REPLACE
TAX
O&P
TOTAL
30. Temporary toilet (per month)
1.00 MO
0.00
179.44
17.76
35.88
233.08
31. Building Permit City Of Denton
1.00 EA
0.00
150.00
14.86
30.00
194,86
Required
32. Insurance
1.00 EA
0.00
2,042.52
202.21
408.50
2,653.23
Calculated at 2.7% of gross sale of 575,649
33. Final cleaning - construction -
500.00 SF
0.00
0.16
7.92
16.00
103.92
Commercial
34. R&R Temporary fencing
45.00 LF
0.70
5.63
28.20
56.98
370.03
37. Barricade and warning device -
4.00 HR
0.00
51.52
20.40
41.22
267.70
setup and takedown
38. Tragic cones (per unit. per day)
140.00 DA
0.00
0.70
9.71
19.60
127.31
10 cones/ barricades for 14 days
39. Telehandler/forklift and operator
30.00 HR
0.00
103.13
306.30
618.78
4,018.98
Totals: General Conditions 607.36 1,226.96 7,969.11
Lower Roof
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
11. Clean with pressure/chemical SF 0.00 0.29 0.00 0.00 0.00
spray
112_W -OAK 1/10/2017 Page:2
11]11r� Tristar Repair & Construction
u
10�r.tw-4. Yad-98UM
Includes 1 S% waste
64. Remove Insulation - ISO board, 2"
13.76 SQ
CONTINUED - Lower Roof
DESCRIPTION
QTY
REMOVE
REPLACE
13. Elnslomeric roof primer
SF
0.00
0.45
15. Elastomeric roof coating - Flat roof
SF
0.00
2.32
16. Additional charge for high roof (2
13.76 SQ
0.00
14.12
stories or greater)
3.00 HR
0.00
allowance to work around roof ladder, 2unused a/c curbs, gas lines,
62. Remove Modified bitumen roof
13.76 SQ
40.95
0.00
63. Modified bitumen roof
15.82 SO
0.00
376.51
Includes 1 S% waste
64. Remove Insulation - ISO board, 2"
13.76 SQ
31.16
65. Insulation - ISO board, 4"
15.82 SQ
0.00
Per IECC 2015- R20- required by City of Denton
294.26
66. Remove Insulation - perlile board,
I"
13.76 SQ
31.16
67. Insulation - perlite board, 1"
15.82 SQ
0.00
Per IECC 2015- R20- required by City of Denton
8,539.63
68. R&R Roof scupper - aluminum
2.00 EA
9.64
69. Roofer - per hour
3.00 HR
0.00
allowance to work around roof ladder, 2unused a/c curbs, gas lines,
electrical circuits
70. Central air - condenser unit -
1.00: EA
0.00
Detach & reset
65.04
422.42
71. R&R Exhaust cap- through roof-
3.00 EA
6.91
6" to 8"
9.22
59.78
72. R&R Flashing - pipe jack - lead
1.00 EA
5.42
73. R&R Pitch pan / pocket - up to 6"
2.00 EA
19.25
x 6" x 4" - galvanized
Totals: Lower Roof
Upper Roof
DESCRIPTION
18. Clean with pressure/chemical
spray
19. Elastomeric roof primer
20. Elastomeric roof coating - Flat roof
21. Additional charge for high roof (2
stories or greater)
22. R&R Rain cap - 8"
23. Central air- condenser unit -
Detach & reset
112 _W -OAK
TAX
0.00
0.00
19.24
55.79
589.68
0.00
42.44
415.55
650.83
0.00
42.44
187.89
294.26
O&P
TOTAL
0.00
0.00
0.00
0.00
38.86
252.39
112.70
731.%
1,191.28
7,737.35
85.76
556.96
1,314.80
8,539.63
85.76 556.96
594.48 3,861.16
159.05
33.40
67.48
438.26
98.00
29.11
58.80
381.91
494.68
48.97
98.94
642.59
67.55
22.11
44.68
290.17
55.34
6.02
12.14
78.92
103.46
24.30
49.08
318.80
23.03 SQ
1,858.59
3,754.76
24,387.06
QTY
REMOVE
REPLACE
TAX
O&P
TOTAL
SF
0.00
0.29
0.00
0.00
0.00
SF
0.00
0.45
0.00
0.00
0.00
SF
0.00
2.32
0.00
0.00
0.00
23.03 SQ
0.00
14.12
32.20
65.04
422.42
1.00 EA
3.85
42.15
4.56
9.22
59.78
2.00 EA
0.00
494.68
97.94
197.88
1,285.18
1/10/2017 Page:3
Tristar Repair & Construction
N��zwtr t r� ,'ps^M�r�N"ry
t�7a lne..a. +n r r�rnn.14 "�!!nu
CONTINUED - Upper Roof
DESCRIPTION
QTY
REMOVE
REPLACE
TAX
O&P
TOTAL
25. Comb/straighten a/c Gond. fins -
1.00 EA
0.00
184.73
18.29
36.94
239.96
w/trip charge - Large
52. Remove Modified bitumen roof
23.03 SQ
40.95
0.00
93.36
188.62
1,225.06
53. Modified bitumen roof
26.48 SQ
0.00
376.51
987.02
1,994.00
12,951.00
Includes 15% waste
54. Remove Insulation - ISO board, 2"
23.03 SQ
31.16
0.00
71.04
143.52
932.17
55. Insulation - ISO board, 4"
26.48 SQ
0.00
415.55
1,089.37
2,200.76
14,293.89
Per IECC 2015- R20- required by City of Denton
56. Remove Insulation - perlite board,
23.03 SQ
31.16
0.00
71.04
143.52
932.17
L"
57. Insulation - perlile board. 1"
26.48 SQ
0.00
187.89
492.55
995.06
6,462.94
Per IECC 2015- R20- required by City of Denton
58. R&R Roof scupper - aluminum
1.00 EA
9.64
159.05
16.70
33.74
219.13
59. Roofer - per hour
2.00 HR
0.00
98.00
19.40
39.20
254.60
allowance to work around roof ladder, a/c curb, penthouse curb, gas lines, electrical circuits
Totals: Upper Roof
2,993.47
6,047.50
39,278.30
Total: Main Level
5,588.51
11,289.98
73,328.10
Labor Minimums Applied
DESCRIPTION
QTY
REMOVE
REPLACE
TAX
O&P
TOTAL
12. Cleaning labor minimum
1.00 EA
0.00
1.66
0.17
0.34
2.17
Totals: Labor Minimums Applied
0.17
0.34
2.17
Line Item Totals: I IZ W OAK
5,588.68
11,290.32
73,330.27
112 W OAK 1/10/2017 Page:4
Tlep.11",
111 , I
rfl.4-4 , 1"w,"44.4
Tristar Repair & Construction
--------------
Line Item Total
Overhead
Profit
Comm. Rpr/Remdl Tax
Replacement Cost Value
Not Claim
Troy Bal longer
Summary
56,451.27
5,645.16
5,645.16
5,588.68
$73,330.27
$73,330.27
112 W OAK 1/10/2017 Page:5