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21-1760
ORDINANCE NO. 21-1760 AN ORDINANCE OF THE CITY OF DENTON APPROVING A GRANT APPLICATION FROM SALVAGE SECONDHAND SHOPPE LOCATED AT 225 W. OAK STREET, FROM THE DOWNTOWN REINVESTMENT GRANT PROGRAM NOT TO EXCEED $302.02; 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 August 18, 2020, the City Council approved changes to the Program by Ordinance No. 20-1521; and WHEREAS, Salvage Secondhand Shoppe located at 225 W. Oak Street (the "Property') applied for a $302.02 grant in accordance with the Program; and WHEREAS, the Tax Increment Financing Reinvestment Zone Number One Board and the Economic Development Partnership Board reviewed the application in accordance with the Program and recommend a grant in an amount not to exceed $302.02; 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 for the Property in an amount not to exceed $302.02 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. The motion to apWe- ve this Ordinance was made by Ji5SQ-'0�.y; Z, and seconded byZ� ; o..n C V-- ; the Ordinance was passed and approved by the following vote [Z - ©j: Ave Nva Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: f Brian Beck, District 2: ✓ Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: ,l Paul Meltzer, At Large Place 6: ,� PASSED AND APPROVED this the I y" day of , 2021. ATTEST: ROSA RIOS, CITY SECRETARY p F D F APPROVED AS TO LEGAL FORM: ' CATHERINE CLIFTON, INTERIM CITY ATTORNEY * s Digitally signed by Mack Z Reinwand '/// 0�•••��•pwN•��•;+ (' �`` BY: _� 05 OD' 021.09.08 17:08:34 ♦��, ;� ON it �II1i111� DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38NWA46813 DOWNTOWN REINVESTMENT GRANT AGREEMENT 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 Interim City Manager, Sara Hensley, and Juliana DiGennaro d/b/a Salvage Secondhand Shoppe, 225 W. Oak Street (the "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 ordinance 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 Downtown Reinvestment Grant Program Policy (the "Program"), 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 "A" attached hereto and incorporated herein by reference and made a part of this Agreement for all purposes (the "Premises"); and WHEREAS, on the 19th day of May, 2021, 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 City Council finds that the contemplated use of the Premises, the Im- provements (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 and Owner for and in consideration of the premises 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: 1. A reimbursement grant in an amount not to exceed $302.02 (the "Grant") attributable to new Improvements, as hereinafter defined, being constructed on the Premises. DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38D48A7A468B B. A condition of receiving the Grant is that, by September 14, 2422, Owner equip signage 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. D. Owner agrees to comply with all the terms and conditions set forth in this Agreement. II. CONDITION OF REIMBURSEMENT A. At the time of the award of the Grant, all ad valorem real property taxes with respect 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 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 ensure 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. GENERAL PROVISIONS A. The City has determined that it has adopted guidelines and criteria for the Program 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 requirements of the Code and the Program. Page 2 DocuSign Envelope ID! AE2984FF-F651-41E9-91 EE-38D48A7A468B C. In the event of any conflict between the City zoning ordinances, or other City ordinances or regulations, and this Agreement, such ordinances or regulations shall control. D. Owner represents and warrants that Owner is authorized to make the Improvements to the Premises. V. NOTICE 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 prepare, by hand delivery or via facsimile: OWNER: CITY: Juliana DiGennaro Sara Hensley, Interim City Manager Salvage Secondhand Shoppe City of Denton 225 W. Oak St. 215 East McKinney Denton, Texas 76201 Denton, Texas 76201 Fax No. 940.349.8596 VI. 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. VII. SEVERABIILTY 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, paragraph, 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. 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 ordinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to intervene in said litigation. Page 3 DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38D48A7A468B IX. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Venue for any action under this Agreement shall be in Denton County, Texas. X. ENTIRE AGREEMENT This instrument with the attached exhibits contains the entire agreement between the parties with respect to the transaction contemplated in this Agreement. XI. BINDING This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives. XII. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. XIII. SECTION AND OTHER HEADINGS 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. NO 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. XV. AMENDMENT This Agreement may be modified in writing by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement. Page 4 DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38NWA468B 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 obligations under this Agreement, then the respective Party's obligations hereunder shall be suspended 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 iyth day of Z pkg.r �Q,� 2021, (the "Effective Date") by duly authorized officials of the City and Owner. s rNINE E I ON d I - • � A YI � r • A • � ATTEST: ROSA RIOS, CITY SECRETARY BY: + S a '• `, �tfN11110 1�,` Page 5 DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38D48A7A468B APPROVED AS TO LEGAL FORM - CATHERINE CLIFTON, INTERIM CITY ATTORNEY BY: CDecu9gnod PM Pdiiw. h.. MV3203==1 E:-. THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. OoouSiyn¢d by. 97p99EB4FOMf E... SIGNATURE Jessica Rogers PRINTED NAME Director of Economic Development TITLE Economic Development DEPARTMENT OWNER: JULIANA DIGENNARO d/b/a SALVAGE SECONDHAND SHOPPE {�Ddbr BY: lam/ JiuL�l L�1��u11h 4 vo Y EF7B3%6 W,842A- Title: Owner Page 6 DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38NWA4686 EXHIBIT A LEGAL DESCRIPTION OF THE PREMISES All that certain lot6 tract or parcel of land. situated in the City and County of Dento-n o State of Texas, s part of the William flail Sunray, Abstract No. 971, ■nd situated On the South side of wast 06% Strost, and rare particularly dascri bed as follows: DF.G INNING at a point on the South side of hest Oak Street In the City of Renton, Texas, which point of beginning 1* else the Northwest comer of a tract of land conveyed to C -W, Simpson by deed sham of record in Volum 746, Pg, 2356 Osed Rewrds of Denton Caunty. Utas} said point of beginning being located in tht cinter of a brick wall; THENCE South with the cantor of said brick will 100 feet to a point for corner; THENCE mast 26 feat to paint for corner; TWCE North through the canter of a brick wall 100 feet to the South line of host Oak Stoat at pol t fot corn -art THM East slog the South lira of hest Dale Stmt 25 farm to thr flu* Of s" l hn i rr90 Being Tract 78 of the William Neil Survey, Abstract No. 971, and having the street address 225 W. Oak Street, Denton, Texas 76201, and Denton Central Appraisal District Property ID 35474. Page 7 DocuSign Envelope ID: AE2984FF-F651-41E9-91EE-38D48A7A468B EXHIBIT B APPLICATION AND IMPROVEMENTS DocuSign Envelope Id: AE2984FF-F651-41 E9-91 EE-38©4WA4686 EXHIBIT A CITY OF DENTON DOWNTOWN REINVESTMENT GRANT PROGRAM APPLICATION Department of Economic Development 215 E. McKinney Street Denton, TX 76201 940-349-7776 www.ciiyofdcnton.com ED@—cityofdenton.com DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38D48A7A4686 Downtown Reinvestment Grant Program Application Please return completed the application with necessary attachments and signatures to the Economic Development Department office at 215 E. McKinney. If you have any application questions, please contact the Economic Development Department at 940-349-7776. Applicant Name Juliana DiGennaro Date 06/19/21 Business Name Salvage Secondhand Shoppe Mailing Address 1217 Tulane Dr Denton, TX 76201 Contact Phone (979) 559-5668 Email Address salvagesecondhandshoppe @gmall.com Building Owner (if different from applicant) Ann Ennis Historical/Current Building Name N/A Project Site/Address 225 W Oak St, Suite A Denton, TX 76201 Type of Work: (check all that apply) ❑ Paint Only Signage ❑ Utility Upgrades ❑ Facade & Building Renovation Awnings ❑ Impact Fees ❑ Interior/Code Improvements Details of planned improvements relating to grant request (attach additional information if necessary). We are looking to have a sign made and hung, as well as possibly replacing our awning. Our original plan was to make the sign ourselves, but having a sign professionally made, would benefit the look of our store and Downtown Denton much better. Our sign would be green with black text, which would stand out from the maroon brick and draw attention. 7 DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-381748A7A468B How will this project benefit Downtown? Getting a professional sign made would help our customers to locate us and possibly bring some more color/vibrancy to the West Oak corner of Downtown Denton. Our vinyl sticker on our door and our sign on the side of our awning is not enough for our customers to find our store since we are not in the highest foot -traffic area of the downtown area. A sign on the building is very necessary for a successful business and we don't plan on leaving any time soon. We just need a little boost where available. Project Categories Estimated Costs Grant Requested Facade/Building Rehab Awnings Signs $604.04 $302.02 Impact Fees Utility Upgrades Interior/Code Improvements Totals $604,04 $302.02 (as much as possibl TOTAL COST OF PROPOSED PROJECT $ $604.04 TOTAL GRANT REQUEST (May not exceed 50% of TOTAL COST up to $25,000) $ $302.02 Attach all required color samples of paint, awning/canopy, sign design, etc., as well as photographs of building's exterior facade, roof and foundation. I M, 's Signature 8 05/19/21 Date DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38D48A7A468B itA W 9 1 I Y V ►. YJ YfYJ A Y 0s—Y Xn i ►l---" 1 ALf i\L/LlYi.I:a}i .K � V .- 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 Department at 940, 349-7776. I have met with a representative from. the Economic Development Department, and I have read and fully understand 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 revitalization 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 if 1 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: Salvage Secondhand Shoppe Juliana DiGennaro 45119/21 Signature PrintedlVame Date BuildingOwner's Signature �fdifferentfrom applicant) Printed Name Date This section is to be completed by Economic Development staff. Date considered by DEDC Recommendation Staff Signature Date consideredby TTRZ #1 Board Recommendation Staff Signature DocuSign Envelope ID: AE2984FF-F651-41 E9-91 EE-38134BA7A4686 SigTnarama signarama-denton.com 723 5 Woodrow Lane Denton, TX 76205 (940) 382-8899 DESCRIPTION: Building Signage ESTI MATE EST -3250 Payment Terms: Cash Customer Bill To: Salvage Secondhand Shoppe 225 W Oak St Denton, TX 76201 us Pickup At: Signarama Denton, Texas 723 S Woodrow Lane Denton, TX 76205 us Requested By: Juliana DiGennaro Salesperson: Josh Swoyer Email: salvagesecondhandshoppe@gmail.com Email:jswoyer@signarama-denton.com Work Phone: 9403828899 Entered By: Josh Swoyer PRODUCTS QTY UNIT PRICE TAXABLE TOTALS 1 ACM flat face installed 1 $558.00 $558.00 $558.00 1.1 House Brand ACM Part Qty: 1 Text: Per approved Artowkr Width: 108.00" includes install Height: 24.00" Sides: 1 Vinyl - Vinyl Type: Gloss - Calendared Laminate - Laminate Type: Gloss - Calendared Labor Modifier Truck - Hours: 2.00 Subtotal: $558.00 Regarding the production of custom signs, this estimate is valid based on Taxable Amount: $558.00 information from the client about the project requirements. Changes by the Taxes: $46.04 client after proof and quote approval may result in a change to the price of the produced signs. Grand Total: $604.04 Deposit Required: $302.02 Regarding Installation and onsite services, this quote is for estimation purposes and is not a guarantee of cost for sign services for installation. The Estimate is based on current information from the client about the project. for the time required to complete the installation. Actual cost may change once project elements are finalized. Client agrees that sign service & repair will add on the cost of ballast, LED lights, lamps, sockets, wiring, and other components to restore sign illumination as needed only. Client must request and approve the complete replacement of lamps. Client may choose to pay for a site survey wherein we will inspect the sign illumination and will provide an itemized list of replacement components the sign needs. Note any lighted sign longer 10ft in is subject to a center seam. This estimate only includes the installation to an existing sign circuit. If there is no existing sign circuit an electrician will be needed to create the sign circuit and completed by the owner before the installation of the lighted sign. THIS ESTIMATE IS VALID FOR 30 DAYS FROM THE LAST REVISED DATE. Gem!ratpd fin: 5/19/2021 : - - Pn f2 ❑ocu5ign Envelope i6. AE2984FF-F651-41 E9-91 EE-381)4BA7A4686 EXAMPLE OF NEW SIGN FOR 225 W. OAK Secondhand Shoppe