19-544S:\Ugnk()ur I)ociiiiiciit;\oiclintiiiceskiS)\106 N. LOCUS( Ordinance.doc
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF, DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM JOE'Y HAWKINS, REPRESENTING
JUPI'1'ER HOUSI.,, COFFEE, FROM THE DOWNTOWN REINVESTMENT G.I2ANT
I
PRO(')'r.RAM NOT TO EXCEED $25,000; AND PROVIDING I,OR AN Ell FE,CTIVE DATE,,
WHEREAS, on April 3, 2007, the City Council approved a Downtown Reinvestment Grant
.Program (the "Program") by Ordinance No. 2007-072; and
VHEREAS, on September 18, 2018, the City Council approved changes to the Program by
Ordinance No. 18-1321; and
WI-1PREAS, Joey Hawkins applied for a $25,000 grant in accordance with the Program;
NOW, 111 ["REFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S[.:'("]"ION 1. The City Council of the City of Denton hereby approves the Agreement
attached hereto authorizing a grant in an amount not to exceed $25,000 from the Program.
'11e 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.
The motion to approve this Ordinance was made by
L and
seconded bym. the Ordinance was passed arid approved by
the following vote -k _A:
Aye Al�ja '�j 111 Absent
hLy --
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely (1, Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of ° �2019.
CHRIS r'. ':1 TS. MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:-11, "
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 Jupiter House, Inc. d/b/a Jupiter House Cof-
fee, 106 N. Locust 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 officer.
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
downtown 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
attached hereto and incorporated herein by reference and made a part of this Agreement for all
purposes (the "Premises"); and
WHEREAS, on the I day of July, 2018, Owner submitted an application for a rein-
vestment grant 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 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;
NOW, THEREFORE, the City Manager and Owner for and in consideration of the prem-
ises and the promises contained herein do hereby contract, covenant, and agree as follows:
I.
TERMS AND CONDITIONS OF REIMBURSEMENT GRANT
A. In consideration of and subject to the Owner meeting all the terms and conditions
of reimbursement set forth herein, the City hereby grants the following reimbursement grant:
I . A reimbursement grant in an amount not to exceed $25,000 (the "Grant")
2.ttributable 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, utility upgrades, and incur im-
pact fees as described 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.
A. At the time of the award of the Grant, all ad valorem real property taxes with re-
spect to the Premises and all other property in the City owned by the Owner shall be current.
B. Prior to the award of the Grant, Owner shall have constructed the Improvements
as specified in Exhibit "B."
C. If alterations to the fagade, paint, awning or sign work 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,
Ill.
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.
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 set
forth herein.
B. The City has determined that procedures followed by the City conform to the re-
quirements of the Code and the Program.
�M
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-
METRITH M_•�
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:
OWNER: CITY:
Joey Hawkins Todd Hileman, City Manager
Jupiter House Coffee City of Denton
106 N. Locust 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 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.
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.
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.
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-
inal, but all of which together shall constitute one and the same instrument.
X111.
SECTIAVI AV- "111WE'"EILDFLIGS
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.
MY.
VA WILIT VEVTIJVE
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.
"T
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.
This Agreement is executed to be effective on the executed date of the y da of
c ( "Effective Date") by duly authorized officials of the City and
i) tla
e r. .00' r U4
CITY OF DENTON
TODD.HILEMAN, CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY
.._.- ---- --------
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
C.
Page 5
OWNER:
�,...... — ......................... _ ------------
JOSE.
PH II'II
JUPITER H()US, r '
................... . ........
By: Joseph I lawki is
Its: President
Page 6
EXHIBIT A
* *WE-P-1EUISES
Original Town of Denton,Denton County,
Texas, according to the plat thereof recorded in Volume 4, Page 53, Deed Records, Denton
County, Texas.
r
I ►:
. r . . f
Downtown Reinvestment Grant 11rograin Af)plicafion
Please return completed the application with necussury Sig
natures to
the Economic Development Department office at, 215 [,Nk-,Kim icy � If you
application questions, please contact the Economic Dec elopment ll'royraln
Administrator at 940-349-7731,
App I i carat Name
Date
B I usinesS Name' .. . ............ ........... ---------
-----------
Mailing Address
2 .2
Contact Phon
vii Iail, Ac1dress
(v 0
-7
Building Owner (if different frow, arlick'I'V) j -1
. . . ......... . ------
ling N
? . ..r ...... ........ . . ............... . . .... ....... ........ . ..
PrQject SitcJAddress
mm
o 0 (4 r
. . .. . ...........
ZMEW,
V Paint Only 0 Awnings
1� Signage 10 Impact Fees
Utility Upgrades 14 Interior/Code Improvements
Facade & Building Renovation
Details of planned improvements relating to grant request (attach additional
information if necessary),
. ....... . . .... .. ........ - . .... ...... ... ...
z-'
"-, ""j- 4-�
k
J11
'N . .. ... . ...... OZ- ,
. . . . ... . . ......
4-0
How mill this projecl benefit Dowroovvi�i?
/ (""', ve'.
TOTAL COST OF PROPOSED PROJECT I
TOTAL GRANT REQUEST
(May not exceed 504 of TOTAL COSTup to $25,000)
Applicant's Mgnature Date
DOWNTOWN REINVESTMEN'r GRANT AGREEMENT FORM
Please complete and return with the Downtown Reinvestment Grant Application to the
Economic Development office, 215 E. McKinney. If you have any questions, please
contact the Economic Development Program Administrator at 940- 349-7732.
I have met with the Economic Development Program Administrator, and I have read and
fully understand the Downtown Reinvestment Grant procedures established by the Denton
City Council, 1 intend to use this grant program for the aforementioned renovation projects
to advance the efforts of revitalization and historic preservation of Denton's historic
downtown. 1 have not received, nor will I receive insurance monies,for this revitalization
prgject.
I understand that if I am awarded a Downtown Reinvestment Grant by the City of Denton,
any deviation from the approved project may result in the partial or total withdrawal of the
grant. (If I am awarded a reinvestment grant for facade, awning or sign work and the
facade, 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.)
Business/Organization Name
:1w4t;z
t.
Applicant's Signature
gyp.
tJ
Printed Name
Building Owner's Signature (ifdiffi:rent from applicant) Printed Name
This section is to be completed by Economic Development stall'
.
d,
Date considered by DTTF Recommendation
Date considered by,'l lBZ,, i,"F-B ,arra, Recommendation
Date
Date
Staff �5'ignatr,rr°dd,.
Slcr.f'Signalure
SCHEDULE OF VALUES
Description
08/29/18
Amount
General Conditions
33,616
Permits
2,000
Structural Steel (ilo Restore North all)
14,595
Demolition
7,680
Restorative Concrete
978
Insulation
6,2
Wood Framing
7,283
Drywall
5,405
T I Paint
11,76
FRP
,27
Doors, Frames, Hardware
1,6
Storefront
5,511
Stucco
6,481
Masonry1,630
Roof Coping
3,344
RR cc'/11
11
Plumbing
1,74
HVAC
,61
Electrical
44,908
Cleanup 1 Dumpster
7,5
ReadyMake
852
Overhead Profit
33,058
Original Contract255,534
Sales tax, 8,25%
21,082
TOTAL
276,616
August 1, 20181 of
August 23, 2018
Revised August 31, 2018
James R. Kirkpatrick, FAIA
Kirkpatrick Architectural Studio
100 West Mulberry St.
Denton, TX 76201
RE: Proposal for Renovation of Jupiter House Coffee Shop, Denton, TX
Dear Jim:
Tim Beaty Builders, Inc. is pleased to submit this proposal to provide labor, materials, and
equipment to renovation of the Jupiter House Coffee Shop, located in Denton, TX, as generally
described in the plans, prepared by Kirkpatrick Architectural Studio, dated July 10, 2018, as
described herein.
I have attached Specification Pages to describe the work proposed. You will notice that there
are allowances stated for some of the materials incorporated in this bid. If you choose items
that exceed these allowances, the additional cost will be considered a change order and will be
added to the bid price.
TOTAL CONSTRUCTION COST: $ 255,534.00
Sales Tax,8.25%21,.81. 5�6
TOTAL: $ 276,615.56
Any alteration or deviation from the specifications, which involves extra cost will be executed
only upon written orders and will become an additional charge to the original estimate. Any
changes to these specifications can and will affect any agreements regarding estimated date of
completion for this project. All agreements are contingent upon strikes, accidents or delays
beyond our° control. Tirn Beaty Builders, Inc, carries a $5,000,000 General Llabllity policy and
Workers" Compensation insurance for your protection during construction.
Thank you for the opportunity to submit this proposal. Please feel free to contact me for
clarification on any point or with any questions you may have.
Respectfully,
Tim Beaty
Vey) uuIN (%N
I HVID-4, "I"E.:tiAN '761W
(94L)j 3 HY -.;-,
RENOVATION OF
JUPITER HOUSE COFFEE SHOP
BID SPECIFICATIONS
GENERAL REQUIREMENTS
Building permits
Insurance requirements for building construction
Port-o-let service during construction
Electricity and water during construction
All necessary shop drawings
Construction supervision
PARAPET COPING
Remove existing roofing material at roof to accommodate coping Installation
Install 24-ga, prefinished (Bronze) coping on top of northside parapet wall
DEMOLITION
Make safe electrical and plumbing in preparation for demolition (in electrical)
Remove plumbing fixtures, store for re -use
Remove restroom accessories, store for re -use
Remove HVAC equipment, store for re -use
Demo plumbing, electrical and HVAC
Demo interior walls, deck, and remove debris from site
Saw cut and demo concrete in basement to lower rear door, and remove all debris
Saw cut and selectively remove concrete at floor level transition
FOUNDATION
Install restorative concrete In basement from stairs to rear door
Install non -shrink grout at floor level transition
STRUCTURAL STEEL
Fabricate and install structural steel on north wall
• Install C10x15.3 channel beneath joists, with connections as required
• Install HSS3x3x1/4 columns at 20' max O.C. with PL1/2x4x10 plate
• Columns will be secured to the floor using (2) %" bolts into Hilti HT-200 anchors
• Install %" bolts through columns into Hilti HY-70 anchors, 8" embedment into brick wall
• Wall anchors will be 6'-0" O.C.
ENTRY DOOR SYSTEM
Frame a stub wall under storefront system
Install vinyl clad plate glass windows with stained wood trim, with low-E glazing
Install (1) 3071-twin wood, 9-lite entry door system
Install stucco finish on stub wall beneath windows
INTERIOR
Wood framing to construction walls, deck, reusing existing stairs to basement, mechanical
mezzanine with drop -down ladder, modifications necessary to seal air handlers.
Jupry¢ ;r House Coffee House, - PaAvB.aed
August 31, 2018
Pagan 2 of 5
Install (7) 316" solid core, fire -rated paint grade slag doors in hollow metal frames
Install (1) 3170 hollow metal doors in hollow metal frames
Install 5/8" gypsum board on all walls and both sides of mezzanine joists
Install 2" plywood above gypsum: hoard can rnechani,cal mezzanine
Install'/2" fiber r"elnforoed gypsum sheathing and''/A" stucco on undersWe of existing canopy
and pilasters on both sides of opening at west wall
Install R-38 fiberglass insulation beneath roof neck, suspended between bar joists
Install R-11 fiberglass insulation in all interior walls for sound atlemmtlon
Tape, tied and texturo all walls, except restroom walls
Faint all walls using latex palnt, except kitchen and restrooms
Paint all walls and cell of kitchen using washable 2-part epoxy paint
Install textured fiber reinforced panels in restrooms, full height
Re -Install existing restroorn accessories
Furnish and install three (3) fire extinguishers
Furnish and install ADA-compliant restroorn signs
PLUMBING
Install plumbing systems in accordance with state and national codes, to existing fixtures
shown on drawings prepared by FAI Engineers, dated July 11, 2018, with fixtures, as
follows:
(2) Existing tank -type toilets
(2) Existing wall -hung lavatories with existing faucets
(1) Flat floor -mount mop sink with faucet
(1) Existing 50-gallon gas water heater mounted on mechanical mezzanine
(1) RPZ
(2) Floor drains in restrooms
Water: Provide CPVC/Pex within building. All water within building to be insulated with
Armaflex.
Sewer: Connect to existing sewer, using Schedule 40 PVC
Gas: Provide low pressure gas system, to (1) water heater, (3) HVAC units.
HVAC
Install air conditioning systems, using existing equipment plus one (1) system using (2)
twinned furnaces with blowers and two (2) 4-ton condensing units.
DUCTWORK AIR DISTRIBUTION SYSTEM to shown on drawings prepared by FAI
Engineers„ dated July 11, 2018, with ducted return to segregated air handlers, per code.
System is Complete, including wall -mounted setback thermostats, low voltage wiring,
insulation, PVC condensate drain piping, freon, start-up service, contractor's standard
one-year guarantee, and Test and Balance. Includes (3) scheduled exhaust fans.
SITE UTILITIES:
Connect to existing water, sewer and gas utilities.
ELECTRICAL:
Jupiter House Coffee House - Revised
AUgusl 3'1, 2018
Page 3 of 5
Install all electrical work in full accordance with National and local building codes, as
designed by FAI Engineers, dated July 11, 2018.
1. The service to the building will be upgraded by replacing exMIng conductors, using
existing conduit, but conductors wlll be new (4) 500 mcm, copper,
2 Includes the disconnect on the exterior of the building the City of Denton will require
Note; Excluded are appliances or other kitchen equipment, telephone system
ta cabling, audio or video equipment, exterior signage and fire or securil
da
alarm systems.
JupiterI--iOUSO Coffee House - Revised
AuguM 31, 2018
IPage 4 0,15
Tim BEATY
October 2, 2018
Jim Kirkpatrick
Kirkpatrick Architecture Studio
100 West Mulberry St.
Denton, TX 76201
RE: Jupiter House Coffee — Fagade Restoration
Dear Jim:
Tim Beaty Builders, Inc. is pleased to submit this proposal to provide labor, materials, and equipment to
restoration of the west facade of the Jupiter House Coffee Shop, located in Denton, TX, as generally
desrrlbed in the plans, prepared by Kirkpatrick Architectural Studio, dated July 10, 2018, as described
herein.
RE. FLE R l l A DE ON CON
MR OF NORTH WALL
Tuck-polnland replace missing brick to restore west face of north brick wall
Apply weatherproof sealant on face of restored wall face
ENT D0OR_,§XS F-M
Frame a stub wall under storefront system
Install vinyl clad plate glass windows with stained wood trim, with low-E glazing
Install (1) 3070-twin wood, 9-11le entry door system
Install stucco finish on stub wall beneath windows
InstallY2" fiber reinforced gypsum sheathing and'/a" stucco on underside of existing canopy and
pilasters on both sides of opening at west wall
Install stucco finish on underside of entry soffit
Lighting beneath stucco soffit and above canopy facing upper facade
TOTAL CONSTRUCTION COST: $ 31,604.00
Sales Tax 8.25% 2 6507.33
TOTAL: $ 34,211,33
Any alteration or deviation from the specifications, which involves extra cost will be executed only upon
written orders and will becorne an additional charge to the eriglnaall estimate. Any changes io these
specifications can and will affect any agreements regarding estimated date of completion for this proiect.
All agreements are contingent upon strikes, accidents or delays beyond our conl.rol, Tim Beaty IJullders,
Inc, carries a $3,000,000 General Liability policy and Workers' Cornpensation Insurance for your protection
during construction.
Thank you for the opportunity to submit this proposal. Please feel free to contact me for clarification on any
point or with any questions you may have.
Respectfully,
Tim Beaty
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