2009-013sAour documents\ordinances\08\e1k river grant.doc
ORDINANCE NO. -V09' 'IS_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM ELK RIVER INVESTMENTS FROM THE
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO EXCEED
$10,000; 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, Elk River Investments has applied for a $15,000 grant; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the request from Elk
River Investments for $15,000 from the Downtown Incentive Reimbursement Grant 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.
L
PASSED AND APPROVED this the day of
(1-ra4- ~ , 2009.
A. 'BURROUGH1S, AlA'YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~
b j t" 1 '0
BY?OVED
AP LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Our documentslcontractAMelk river agreementdoc
DOWN'T'OWN REIMURSEMENT GRANT INCENTIVE AGREEMENT
This Downtown Reinvestment Grant Incentive 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 Elk River Investments Inc. a Subchapter S corporation (the "Owner"), duly autho-
rized to do business and in good standing in the State of Texas, duly acting 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, on the 3rd day of April, 2007, the City Council of Denton, Texas (the "City
Council') adopted the Denton (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 Policy constitutes appropriate "guidelines and criteria" governing down-
town reinvestment grant incentive agreements to be entered into by the City; and
WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined),
which ownership is a condition precedent, of certain real property, more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference and made a part of this Agree-
ment for all purposes (the "Premises") as of the Effective Date; and
WHEREAS, on the 1 Ph day of November, 2008, Owner submitted an application for
reinvestment with various attachments to the City concerning the contemplated use of the Pre-
mises (the "Application"), which is attached hereto and incorporated herein by reference as Ex-
hibit "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
purposes and are in compliance with the Ordinance and Program and similar guidelines and cri-
teria 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:
1.
TERMS AND CONDITIONS OF REIMBURSEMENT
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:
sAour documents1contracts\081e1k river agreemeatdoc
1. A reimbursement in an amount not to exceed $15,000 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by January 6, 2010 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of awnings, facade and
railings as described in Exhibit "B" be constructed on the Premises. For the purposes of this pa-
ragraph, the term "force majeure" shall mean any circumstance or any condition beyond the con-
trol of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to meet
the above-mentioned thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of awnings, railings and facade 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
project set forth in Exhibit "B".
E. Owner agrees to comply with all the terms and conditions set forth in this Agree-
ment.
II.
CONDITION OF REIMBURSEMENT
A. At the time of the award of the Reimbursement, Owner shall be current on all ad
valorem real property taxes with respect to any properties owned within the City.
B. Prior to the award of the Reimbursement, Owner shall have constructed the Capi-
tal Improvements as specified in Exhibit "B".
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.
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IV.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria Downtown
Reimbursement Grant Incentive 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 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-
ing Commission of the City, or any member of the governing body of any taxing units joining in
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.
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 pre-
pare, by hand delivery or via facsimile:
OWNER:
Ralph Ramsey, Vice President
Elk River Investments
3311 N. I-35, Suite 140
Denton, TX 76207
CITY:. .
George C. Campbell, City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Fax No. 940.349.8596
VI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 6a' day of January, 2009, authorizing the Mayor to execute this Agreement
on behalf of the City, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "C".
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sAour documentskonhacts\08kik river agreement.doc
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, para-
graph, sentence, phrase, or word. In the event that (i) the term of the Reimbursement with re-
spect to any property is longer than allowed by law, or (ii) the Reimbursement applies to a
broader classification of property than is allowed by law, then the Reimbursement 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 or-
dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to
intervene in said litigation.
IX.
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,
X.
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.
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 orig-
inal, but all of which together shall constitute one and the same instrument.
Page 4
sAoar docamentslconttacts\081e1k river agreementdoc
)(III.
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.
XX.
AMENDMENT
This Agreement may be modified by the parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not orig-
inally necessary to this Agreement.
)OXI.
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.
Agreement is executed to be effective 30 days after the executed date of the
day of 2009, (the "Effective Date") by duly authorized officials of the City
and O
PASSED AND APPROVED this the day of 2009.
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
Page 5
s:\our documents\contracts\08\e1k river ag rnent.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
(-,),~znnp Al\-
=t~
APPR VED AS -O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
ER INVESTMENTS
RALPH RAMSEY, E PRESIDENT
ATTEST:
BY:
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 George C. Campbell, 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 consideration therein expressed-
Given under my hand and seal of office this the L4ay of January, 2009.
JANE E. RICHARDSON
Notary Public, State of Texas
= My Commission Expires
June 27, 2009
Ndfary Public in and for the
State of Texas ~ 7 0~
My Commission Expires:
Page 6
sAour documcnWoontiaciAMelk river agreementdoc
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 LP/~ ligi .04 (an officer of) Elk River Investments, a Texas
d4el' P 77all, known to me o be the perso who signed and executed the foregoing instru-
ment, and acknowledged to me that this instrument was executed for the purposes and considera-
tion therein expressed.
~ceE~lEj2, ~ZDo~,
Given under my hand and seal of office this theIL"' day of !9=r, 2,0
"
JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
June 27, 2009
t
0
MUry Public in and for the
State of
My Commission Expires: L?~O
Page 7
Exhibit A
221 E. HICKORY STREET
DENTON TX 76201
35M
0612008
ALL THAT CER?A N TRACT OR PARCEL OF :ANC LYING AND BEL%G SITUATED IN THE H
CISCO SURVE Y ASS PACT NUMBER 184 OENTON COUNTY TEXAS. AND BEING ALL OF
A TRACT CES:CR BE:) N A DEEZ TO JOHV%Y Wn; L MIS AND ;O YNL_IAMS RECORDED
IN DOCJME!1T NUM SER 2005-120M REAL PROPERTY RECORDS. DENTON COUNTY
TEXAS AND BE tNG MORE PARTICULARLY DESCRIBED AS F;y1 O WS
BEGftW4G AT AN X FOUND IN CONCRETE AT THE NORTHEAST CORNER OF SAID
WILLIAM TRACT AND -ME SOUTHEAST CORN OF A TRACT DESC46ED N ADM
TO DENTON ELKS LODGE NO 248 OF THE BENEVOLENT AND PROTECTIVE ORDER OF
T.E ELKS. RECORDED N VOLUME 2137 PAGE 877. REAL PROPERTY RECORDS.
DENTON COUNTY, TE XAS SAID X ALSO BEING ON THE WEST LIE OF OAKLAND
STREET
THENCE SOI:TI. 00 DEGREES 15 MM TES 1e SECONDS WEST WITH Trf EAST LINE OF
SAID 1MLLIAMS TRACT AND THE VVEST L 04E CF OAKLAND S'REET A DISTANCE OF
1/020 FEET TC A PK NA:L SET FOR THE SOUTHEAST CORNER OF SAO NRLL.lAMS
TRACT AT THE INTERSECTION OF THE WEST LINE OF OAKLAND STREET AND THE
NORTH LINE OF HICKORY STREET
THENCE NORTH 30 DEGREES 56 MINUTES 05 SECONDS OVEST Wl-i THE SouTH+LINE
OF SAID WILLIAMS TRACT AND THE NORTH LINE OF HICKORY STREET A DISTANCE OF
4922 FEET TO A BRICK BUILDING CORNER AT THE SOUTHWEST CORNER OF SAO
WILLIAMS TRACT AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED N A DEED
TO RODNEY NAIRE ANC EMILY P HAIRE RECORDED IN VOLUME 52% PAGE 4633.
REAL PROPERTY RECORDS OESTON COUNTY. TEXAS. AND BEING ON THE NORTH
LINE OF HICKORY STREET
THENCE NORTH CID DEGREES 06 WAMS 41 SECONDS WEST WITH THE WOW LIE OF
SAID MLL!AMS TRACT AND THE EAST LIE OF SAID HAIRE TRACT A DISTANCE OF
140 37 FEET TO A PK NAIL FOUND AT THE NORTHWEST CORNER OF SAID AITLLIAMS
TRACT AND THE NORTHEAST CORNER OF SAID NAPE TRACT SAID NAIL ALSO BEING
ON THE SOLITN LIE OF SAID DENTON ELKS LODGE TRACT.
THENCE SOUTH SP DEGREES µ MDNUTES 50 SECONDS EAST WITH THE NORTH LINE
OF SAO WILLIAMS TRACT AND THE SOUTH LINE OF SAID DENTON ELKS LODGE TRACT.
A DISTANCE OF 50 19 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL
0 16D ACRES OF LAND
657=
Exhibit B
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
PROGRAM APPLICATION
Please return completed with necessary attachments and signature to Downtown Development office, 215 E.
McKinney no later than S p.m. on the Monday prior to the D" Wednesday of each month. If you have any
application questions. please contact the Downtown Project Coordinator at 940-319-7731. If you have any
building or sign permit/historic preservation questions. please contact the Historic Preservation Officer at
940-349-7732. t
t ti' : • I ts`r : = rr:.t :-1 - +.1 Date
♦ Applicant Namc F 1 v
r I
♦ Business Name •
♦ Mailine Address 3 t l N 4L ~ - ~ ~ ~ ~ : ~ `-t r) ~.•,-kc L -
i
• Contact Phone `~i'~ fj Li-A,33 Email Address i; C
• Building Owner (if d ifferent front applicant)
• 1listorical/C'urrent Building Name
• Physical Building Address
• TvDc of Work: Wlh,cr< all toll app/t•)
J _ Fa4ade Rehabilitation _ Fa4iflde - Paint-omh A%%mings
Signage -ZImpact Fee Utility
Upgrade
♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant:
(aaach (Ahlform/ paper J nex-r rc►n n
1.4. •1111 f~•:• t . l . •~tf
~(•rl✓ 1ri.Ui tlti Ifs\l-I~ \tiYt~t!•..'.~ ~t~►~1
List Conttactor/l'roject architectF'rolx-6als and `Total Amounts (please allach nriginal prier ulls):
I. C i I f' ~..•~'!~~It..1
7
• TaI AL CUSr OF PROPOSED PROJECT: 1 1 rl '~'J
1--0 r
• A11(N'~T OF C,It ~!~•1' ItE(11JESTE D (SO'/o OF'T(TCAL COtiT At~O~'F.): ~`~'j'J
♦ Complete budget detail form attached vnp Sc 1
Ali -1, with nil regtiired color.vaniplev ofpaint, u►t,ltiltr;/rullupt•, .vi it devigti, etc, uv ivell os
Ph ~ og upLa uJ'huildinw's e-rleriar facade, roof a»d filt/ndalion.
ly 1 V ~ , ~ ~ iJ
Applicir ht's Sit iature Du e'
10 of Q
Inc orfs.e 1',~,:. un •w,:,...n Irarwive I;r nl Pm ,,run ."Irmwn Ax
of
F
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H()w %kgl.L1'nnS PR F:C T BENEFIT ~WN WN
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A-'L,3~ I
RUDGET DETAIL
PRO.IF("I EXPE:SUrr1 RES
('ITV FUNDS 14E:01 F-'-;] ED
Api,i.I(*:A%I°S E( NIN
ToI •%I.
Fnt, noF Rf.I LmI
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AwN{N(is/tit(i%S
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IMPACT I-T?t{.S
Irrn.m• IJPGRADES
TOTAI S
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ATI ACII 1-.XAU I COLOR SANIP1-LS. M001•:1. MINIM RS (µ'INix)WS. D(K)R.S. 1 IC.). PIR)TOS ANIWOR SKIJC'1(FS OF WORK
To III C(►N1PI M-D. PI FAST IN('I IIN AS MI1(-II DI IAII AS POSSII(TI .
11 01 ,11
t I~wen,~r 1lcnha~rY lf.regnwn In rnlnr finnl Pn-am 4{Piftal,m dm
of
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DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
AGREEMENT FORM
Please return completed with neressary attachments and signature to Downtown Development office, 215 E.
McKinney no later than 5 p.m. on the Monday prior to the t" Wednesday of each month. If you have any
application questions, please contact the Downtown Project Coordinator at 910-319-7731. If you have any
building or sign permit/historic preservation questions, please contact the Ilistoric Preservation Officer at
910-319-7732.
I have met with the Downtown project Coordinator, and I fully understand the Ih)u'nto%an Incentive
Reimbursement Grant Procedures and Details established b-, the Denton City Council. I intend to use this
grant program for the aforementioned renovation projects to forward the efforts of revitalization and
historic preservation of Denton', historic dinvntown. 1 have not received. nor will i receive insurance
monies for this revitalization project.
I have read the rMwntown Incentive Reimbursement Grant Application procedures including the
Downtown Incentive Reimbursement Gram Details.
I understand that if I am awartied a 11ommlown Incentive Reimbursement Grant by the Denton City
Council. any deviation from the approved project may result in the partial or total. withdrawal of the
Downtown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for taqade. awning
or sign work and the fagade. sign or awning is altered for any reason within one (1) year from
construction. 1 may be required to reimburse the City of Denton immediately for the full amount of the
Wwntown Incentive Reimbursement Grant.
Rusi neWOrganization Name 1 1
1 l
.9pplt la's.Signunire Printed Nante Date
t
G1 1 ~ r_ Lr L Ir
Owner's Si,,,natnre (if'dl l' reiit.fram applicant)
Naine
Date
I)TTF.Signature (Obtain signuture at D7TF meeting Rec•antmendation Date
EDPR Signature (obtain signature at EDP13 meeting) Recommendation Date
12 u1' 12
•Inarnh.r 11foranr1►,...ru." In:a-aliar [rtam R..cnm tlq+wmian du
Caliber Construction, Inc.
504 Chambers Street
Denton, Texas 76205
(940) 898-8784
(940) 591-0704 Fax
Address: 221 Hickory
Date: 31-Oct-08
Area: 6410 SF
Building Remodel/ Repairs
Costs
Impact Fees
$26,405
Foundation Labor
$5,000
Trim Windows
$1,250
Exterior Doors
$11,500
Roofing
$18,150
Waterproofing
$1,650
Electrical Materials
$29,900
Electrical Service Revisions
530,000
Mason Labor
$3,300
Exterior Painting
$8,200
Concrete Ramps
53,100
Signs
$6,000
Total $144,455
00
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