21-250021-2500
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A GRANT APPLICATION
FROM 3 WISHES MARKET LLC LOCATED AT 108 W. OAK ST., STE 101,
FROM THE DOWNTOWN REINVESTMENT GRANT PROGRAM NOT TO EXCEED
$1,205.00; 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, 3 Wishes Gifts located at 108 W. Oak Street, Ste. 101 (the "Property") applied
for a $1,205.00 grant in accordance with the Program;
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 $1,205.00; 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 $1,205.00 from the
Program.
SECTION 2. The Interim City Manager, or her 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 Sof) Mc>yq u; C Q. and
seconded by —:S -e-5 S r, —N'3 g .V ; the Ordinance was passed and approved by
the following vote [ a - -0j:
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beek, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Ave Nay
�-*1
�Iz
Abstain Absent
PASSED AND APPROVED this the lD ii day of Na q C.+M)Pe-C , 2021.
z - -- �/Z- - - -
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
D,F
BY: o
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Mack ��s�4F•.'....... ..••+'+• C�
Reinwand
Ac� Dat 2021.11.1212:34:13BY: -06'00'
DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
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 3 Wishes Market, LLC, 108 W. Oak Street Suite 101
("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 July, 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 Downtown Economic Development Committee 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
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 $1,205.00 (the
"Grant") attributable to new Improvements, as hereinafter defined, being constructed on the
Premises.
DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
B. A condition of receiving the Grant is that, by November 16, 2022, Owner con-
struct, renovate, and equip a fagade awning with signage as described in Exhibit `B" (collective-
ly, 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 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.
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.
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DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
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:
Cathy Allcorn Sara Hensley, Interim City Manager
3 Wishes Gifts City of Denton
108 W. Oak St., Ste. 101 215 East McKinney
Denton, Texas 76201 Denton, Texas 76201
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.
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DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
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.
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DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
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 16th day of
November , 2021, (the "Effective Date") by duly authorized officials of the City and
Owner.
ATTEST:
ROSA RIOS, CITY SECRETARY
5Signed by:
PIZ BY:R,,"
1CKABC5E175493...
CITY OF DENTON
DocuSigned by:
i '1gENSLEY, INTERIM CITY MANAGER
Page 5
DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
/—DocuSigned by:
BY: jM.,� .
PaAW-01
7F9D328BF0204E5...
OWNER:
3 WISHES MARKET, LLC
DocuSigned by:
By: '--A
ASD176656ED0427...
Partner
Title:
Page 6
DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
EXHIBIT A
LEGAL DESCRIPTION OF THE PREMISES
All that certain lot, tract or parcel of land lying and being situated in the City and County of
Denton, State of Texas, and being all of Lot 4 (E25') Block 5 Original Town Denton, an Addi-
tion to the City of Denton, Texas, according to the plat thereof recorded in the Deed Records,
Denton County, Texas.
LO
Verified b
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DocuSign Envelope ID: 37FD49A2-FDD1-4823-B098-556623F1375E
EXHIBIT B
APPLICATION AND IMPROVEMENTS
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DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
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 Named `
Date OTtEr _ l
Business Name w'�(^
Y l
Mailing Address
lbs Lei 0 0J< S�
Contact Phon
0. U.. bq-z
Email Address
L -5 E Y ,
Building Owner (if differentfirm applic. nt)
Historical/Cu ent Building Name
Project Site/Address
I DS 0
Type of Work: (check all that apply)
❑ Paint Only
❑ Signage
❑ t'tility Upgrades
❑ Facade & Building Renovation
CST Awnings \A( 'Di
❑ Impact Fees
CT'v\
❑ Interior/Code Improvements
Details of planned improvements relating to grant request (attach additional
information if necessary).
7
DocuSign Envelope ID: 37FD49A2-FDD1-4823-B098-556623F1375E
Project Categories
Estimated Costs
Grant Requested
Facade/Building Rehab
Awnings
1119
)5-
C)5-
Signs
Signs
Impact Fees
Utility Upgrades
Interior/Code Improvements
Totals
TOTAL COST OF PROPOSED PROJECT $ 601
TOTAL GRANT REQUEST $ c�7
(May not exceed 50% of TOTAL COST up to $25,000) Z� I
Attach all required color samples of paint, awning,, ctiaopy, sign design, etc., as well as
photographs of building's exterior./ac ade, roof and foundation.
Applicant's
r.
- .[ GA ,1�
Date
DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
DOWNTOWN REINVESTMENT GRANT AGREENI -NT 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 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 historii
downtown. I have not received, nor will I receive insurance monies for this revitalization
project.
I understand that if l 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 s1 �ii 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: l �ylEA
Applicant's Signature Printed
Building Owner's Signature (if
This section is to be completed by Economic Development staff.
Date considered by DEDC
Recommendation
Date
Name Date
ec
Staff Signature
Date consideredby TIRZ #1 Board Recommendation Staff Signature
it I, yr -
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DocuSign Envelope ID: 37FD49A2-FDD1-4823-8098-556623F1375E
TTA
North Texas Tarp & Awning
3300 W. University
Denton, TX 76207
940.566.6619
3 wishes gifts
108 W. Oak
Denton, Tx. 76201
Re: Quote for recover w/graphic
June 1, 2021
Thank you for allowing NTTA the opportunity to provide, you with this quote. The price.
includes Parts, Labor, Materials, & Install
Recover the existing frame with a blue awning fabric and add a graphic to the sign panel:
$241.0.00 plus tax
Yrke., are firm for 30 chty,, fi•otn the abewe date and exclude permits, engineering drawings, or
anv other changes not covered by the above esfignate. Prices given exclude aly other charges
that deviate from the above estimate. Prices do not include Tax. All sales are subject to la -r
unless you provide us with a copy of your Nene., tax exemption number or signlprovide its a
"Resale Exemption Certificate":
Terms. A deposit of at least 50% of the total is required to establish the ,rder with the balan ce
due at our office at the time of acquirement,
ment,
Thank you again for allowing us to provide you with this quote. If you have any questions or
ase feel free to contact me anytime. Your satisractiort is rtn, mrtnher ortriority!
(Z,Zn
r
North Texas Tarp and Awning
940-566-6619
940-368-7411
DocuSign Envelope ID: 37FD49A2-FDD1-4823-B098-556623F1375E
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