19-542SALegal\Our Documents\Ordinances\19\115 S. Elm Ordinance.doc
ORDINANCE NO. 19-542
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM JOEY HAWKINS, REPRESENTING
SWEETWATER GRILL AND TAVERN, FROM THE DOWNTOWN REINVESTMENT
GRANT PROGRAM NOT TO EXCEED $5,000; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 3, 2007, the City Council approved a Downtown Reinvestment Grant
Program (the "Program") by Ordinance No. 2007-072; and
WHEREAS, on September 18, 2018, the City Council approved changes to the Program by
Ordinance No. 18-1321; and
WHEREAS, Joey Hawkins applied for a grant in accordance with the Program; 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 authorizing a grant in an amount not to exceed $5,000 from the 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.
seconded hb motion �to x1����re�vl�t �s /Ordnance was made by the Ordinance was passed _ and
y N and approved by
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the following vote
Aye Nay Abstain Absent
Chris Watts, Mayor: ....... _._
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2: ,V/
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: Q��"�
:..... °.
2019.
PASSED AND APPROVED this the � day of
PASSED AND APPROVED this the.. day of
ATTEST:
ROSA RIOS, CITY SECRETARY
"'ll ... . . .....
BY: - -------- VIC
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
-71
BY: — . . . . . . ...... . . ...... . ..... .. ...
2019.
.. . . ........ . ...
ATTS, MAYOR
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 City
Manager, Todd Hileman, and Joseph Hawkins and Denton Phoenix Rising, LLC d/b/a Sweetwa-
ter Grill and Tavern, 115 S. Elm Street (collectively, "Owner"), duly authorized to do business
and in good standing in the State of Texas, duly acting herein by and through its authorized of-
ficer.
WHEREAS, the City Council of Denton, Texas (the "City Council") has adopted an or-
dinance 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 in-
centive agreements known as the Downtown Reinvestment Grant Program Policy (the "Pro-
gram"), a copy of which is on file in the City of Denton Economic Development Office and
which is incorporated herein by reference; and
WHEREAS, the Program constitutes appropriate "guidelines and criteria" governing
41,owntown reinvestment grant incentive agreements to be entered into by the City;
WHEREAS, the Owner will be the owner or have a leasehold interest, as of the Effective
Date (as hereinafter defined), of certain real property more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference and made a part of this Agreement for all
purposes (the "Premises"); and
WHEREAS, on the I oth day of October, 2018, Owner submitted an application for a re-
investment grant with various attachments to the City concerning the contemplated use of the
Premises (the "Applicationwhich is attached hereto and incorporated herein by reference as
Exhibit "B"; and
WHEREAS, the Downtown Task Force finds that the contemplated use of the Premises,
the 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 Program and similar guidelines and criteria adopted by the City
and all applicable law;
1 1�
111111�M I
I.
TERMS AND CONDITIONS OF REIMBURSEMENT GRANT
A. In consideration of and subject to the Owner meeting all the terms and conditions
I f reimbursement set forth herein, the City hereby grants the following reimbursement grant:
1. A reimbursement grant in an amount not to exceed $5,000 (the "Grant")
attributable to new Improvements, as hereinafter defined, being constructed on the Premises.
B. A condition of receiving the Grant is that, by December 13, 2019, Owner con-
struct, renovate, and equip fagade work, paint, signage, awnings, and utility upgrades as de-
scribed in Exhibit "B" (collectively, the "Improvements") on the Premises.
C. A condition of the Reimbursement is that the Improvements be used substantially
in accordance with the description of the project set forth in Exhibit "B" and comply with the
requirements of the Program.
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B. Prior to the award of the Grant, Owner shall have constructed the Improvements
as specified in Exhibit 1113.11
C. If alterations to the Improvements are made for any reason within one (1) year
from construction, Owner is required to reimburse the City in the full amount of the Grant.
D. Prior to the award of the Grant, Owner shall own or have a leasehold interest in
the Premises.
III.
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.
IV.
-C&EXIER-
A. The City has determined that it has adopted guidelines and criteria for the Pro-
gram agreements for the City to allow it to enter into this Agreement containing the terms se'i
forth herein.
B. The City has determined that procedures followed by the City conform to the re-
quirements of the Code and the Program.
5M
C. 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.
D. Owner represents and warrants that Owner is authorized to make the Improve-
ments to the Premises.
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:
Joey Hawkins Todd Hileman, City Manager
Sweetwater Grill and Tavern City of Denton
115 S. Elm Street 215 East McKinney
Denton, Texas 76201 Denton, Texas 76201
Fax No. 940.349.8596
V1.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of Ordinance authorizing
the City Manager to execute this Agreement on behalf of the City.
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 abated hereunder, and the portion of the term, that is allowed by law.
VIII.
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.
O-M.
I.
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, Texas.
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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.
This Agreement may be executed in counterparts, each of which shall be deemed an orig-
mal, but all of which together shall constitute one and the same instrument.
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.
VO 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.
This Agreement may be modified in writing by the parties hereto to include other provi-
sions which could have originally been included in this Agreement or to delete provisions that
were not originally necessary to this Agreement.
VIM
XVI.
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.
XVI.
INDEMNIFICATION
OWNER SHALL INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY, ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, ATTORNEYS AND EMPLOYEES
(COLLECTIVELY, THE "INDEMNITEES") FROM AND AGAINST ANY CLAIM,
DEMAND, ACTION OR CAUSE OF ACTION WHICH DIRECTLY OR INDIRECTLY
ARISES FROM CITY'S GRANT AND OWNER'S PERFORMANCE OF ITS OBLIGA-
TIONS HEREUNDER AND ANY CONTESTS OR CHALLENGES TO THE LEGAL
AUTHORITY OF THE CITY OR OWNER TO ENTER INTO THIS AGREEMENT AND
ANY AND ALL LIABILITIES, LOSSES, COSTS OR EXPENSES (INCLUDING AT-
TORNEY'S FEES AND DISBURSEMENTS) THAT ANY INDEMNITEES SUFFER OR
INCURS AS A RESULT OF ANY OF THE FOREGOING; PROVIDED, HOWEVER,
THAT OWNER SHALL HAVE NO OBLIGATION UNDER THIS PARAGRAPH TO
THE CITY WITH RESPECT TO ANY OF THE FOREGOING ARISING OUT OF THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OR THE
BREACH BY THE CITY OF THIS AGREEMENT.
Tlii; grecnicol, is executed to be effective on the executed date of the ' day of
n ��� ' , (the "Effective Date") by duly authorized officials of th
.. .� e City and
Ower.�I
CITY OF DEN' r0
1"ODD HILEMAN, CITY MANAGER
ATTEST: �
ROSA RIOS, CITY r"METARY
APPROVED AS TO LEGAL FORM:
AARON Ld CITYATTORNEY
BY: �A
0
Page 5
1hIRUDI
_ _ . _........._ __ ._.....
JOSEPH HA''l l S
DENTON PHOI?11� I�ISI�f� 1
BY....: Joseph l la wkid
Its: Manager
Page 6
EXHIBIT
LEGAL
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EXHIBITi
Downtown Reinvestment Grant Program Application
Please retorn, completed tho, appfl(:�ati(,)n Wi(h neces"'ary atlacIUncl"Is nvid signatures to
1he liconoinic 1)evcl()I,)1nc111pcwattoflllce at 215 k. McKinney, Wyoti ha%?e any
pjt�,Ise Contact the Econon,iic* Developnient 111(,qy1111
Administrator at 940-349-7732.
Applicant Name
Email Address.
Project Site/Address
0 Paint only
DT, Si nage
Utility Upgrades
Facade & Building Renovation
W=
X impact Fees
0 Interior/Code Improvements
Details of planned improvements relating to grant request (attach additional
information if necessary),
. . . . . ....... .... ..
. . .... .......
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A. .... ..
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I -low will this Iroject benefit lkwntown?
. ......... . .
TOTAL COST OF PROPOSED PROJECT Ii,
TOTA 1, G RANT REQ U 1%,"S"r
(Miy not exece(I 50% of*']'(.)'-I'A[, COST up to $25,000)
FAU UM
Applicant's
Date
Please c0MPIcte and return with the Downtown Reinvestment Grant Application to till
Economic Development office, 215 E- McKinney, If you have, any questions, please
contact the Economic Development program Administrator at 940- 349-7732.
I have iriet will,, the 1�t,,ojlolnic Developme'll, 1)
fully undersUind the Dowj,)tor4�11 a rognint� A (lin inistrti tot', and I have reaa t�rn(l
IWIM-strnerif ('ran( proce(Jures established by tll(-, Derit
" -1, on
City COLInCil. I intend to Use this Grant prograni for the aforementioned renovation projects
to adwntec the efforts of revilalizatioti and historic preservation of Denton's historic
downtown. I have not received, nor will I receive insurance monies.for this revitalization
project.
I understand that il'i am awarded a Downtown Reinvestinent Gram by the City ofDent.cm,
any deviation 11-oai, thcj1ppr()Ncr1 pro ' ject inay result in the partial, oil, total wilI"Wrawal c1fth(,,,,
granL If I awti
m nrded a reinvestment grant for f,'acadc, awnir)g (g sign work and the
fiacadc, sigil or awribig is altered for any reason within otie (1) year fi-ont constructi(ni, I
may be required to reiniburse the (Ity of1jenton irninediately For the Full art mint ofthe
grant.)
BusinesslOrganization Name
o
Applicant's Signature
Building Owner's Signature (iI'(##Lrentfrom applicant) PrintedName
This section is to be completed by Economic Development staff.
Recommendation Stql 'Signature
Date consideredby TA4Z-*"oard Recommendation
ME
IM
Staff Signature
....... ....