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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