2010-060llcodadldepartme~tsllegallour documentslardinances1101bao13umpaic~~aiyalc~~l grant.doc
ORDINANCE NO. ZD ~ Q-OHO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEAS,
APPROVING A GRANT APPLICATION FROM ANDA BOONUMPAICHAIYAI~.UL
FROM THE DOwNTOwN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO
EMCEED $5,000; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive
Reimbursement Program by Ordinance No. 2o07R072; and
WHEREAS, I~anda Boonumpaichaiyakul has applied fora $5,000 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
I~.anda Boonum aichai akin for $5,000 from the Downtown Incentive Reimbursement Grant
p y
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.
i~ 'I
PASSED AND APPROVED this the day of , Zo ~ o.
rr.~ ~
~ ! it f= A~,f
} ~.i l
M RIB. . B ~ GHS, MAYOR
~
ATTEST:
1ENNIFER ~UALTERS, CITY SECRETARY
BY; ~
APPR(~ ED AS TO LEGAL FORM.
ANITA BURGESS, CITY ATTORNEY
Cr• .y
~ lil BY.
s.lour dacumentslcontractsllalbaonumpaichaiyakai gra.rtt agreement,doc
DOWNTUWN REIMBURSEMENT GRANT ~NCENT~VE AGREEMENT
This Downtown Reinvestment Grant Incentive Agreement the "Agreement"} is entered
into by and between the City of Denton, Te as the "City"}, duly acting herein by and through its
Mayor, and Kanda Boonumpaichaiyaku~ o ers of Andaman Thai restaurant, a duly authorized Limited Liability Company ~LLC}, 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 Downtown Incentive Reimbursement Program the "Program"), a
copy of which is on fzle in the City of Denton Economic Development Gffice and which is in-
corporatedherein by reference; and
V~'HEREAS, the Denton Downtown Incentive Reimbursement Program. Policy consti~
totes appropriate "guidelines and criteria" governing downtown reinvestment grant incentive
agreements to be entered into by the City; and
WHEREAS, Grantee will be a tenant, as of the Effective Date has hereinafter defined},
which status is a condition precedent, of certain real property, more particularly described in Ex~
hibit "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 5t~' day of January, 2010, Grantee submitted an application for rein
vestment 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 Con-
templated Improvements has 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 Grdinance and Program and similar guidelines and cri- teria adopted by the City and all applicable law;
NCW, THEREPaRE, the City and Grantee for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows;
Page 1
s;lour documentslcontracks1101boonumpaichaiyakai grant agreement,doc
TERMS AND CQNDITIQNS QF REIMBURSEMENT
A. In consideration of and subject to the Grantee meeting all the terms and condi-
tions ofreimbursement set forth herein, the City hereby grants the following reimbursement;
1. A reimbursement in an amount not to exceed ~S,~DO attributable to new
capital investments, as hereinafter described, being constructed on the Premises,
B. A condition of the Reimbursement is that, by March 2011 subject to force
majeure delays not to exceed 18Q days, a capital investment in the form of signs and impact fees
as described in Exhibit "B" be constructed on the Premises, For the purposes of this paragraph,
the term "force majeure" shall mean any circumstance or any condition beyond the control of
Granteee as set forth in Section ~I "Force Majeure" which makes it impassible to meet the
above~mentioned thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of awnings, utility upgrades, facade and entryway work, 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 canditian 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. Grantee agrees to comply with all the terms and conditions set forth in this
Agreement,
II.
CaNDITIQN QF REIMBURSEMENT
A. At the time of the award of the Reimbursement, all ad valorem real property taxes
with respect to said property owned within the City shall be current,
B, Prior to the award of the Reimbursement, Grantee shall have constructed the Cap-
ital Improvements as specified in Exhibit "B".
IIL
RECQRDS AND EVALUATION QF PRQJECT
A. The Grantee shall provide access and authorize inspection of the Premises by City
employees and allow sufficient inspection of fnancial 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 Grantee's business operations,
Page 2
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IV.
GENERAL PRGVISICNS
A, The City has determined that it has adopted guidelines and criteria for the Down- town 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 t0 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~
in Commission of the Cit or an member of the overnin bod of an toxin units 'oinin in g Y~ Y g g Y Y g J g
or adopting this Agreement.
D, In the event of any conflict between the City zoning ordinances, or other City or-
dinances orregulations, and this Agreement, such ordinances or regulations shall control.
V,
NOTICE
All notices called far 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;
GRANTEE; ~ CITY;
nd Boonum aichai aku Geor e C. Cam bell, Cit Nlana er Ka a p y g p Y g
Gwners City of Denton
221 E. Hickory Street 215 East McKinney
Denton, Texas 76201 Denton, Texas 76201
Fax No. 940,34,5596
VI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 2nd day of Nlarch, 2010, 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 "D",
Page 3
s:lour documentslcontracts1101boonumpaichaiyakai grant agreement,doc
V~~. SEVERABIZLTY
In the event any section, subsection, paragraph, sentence, phrase ar 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, ~n the event that ~i} the term of the Reimbursement with re-
spect to any property is longer than allowed by law, or iii} 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,
V11I,
GwNER STANDING
Grantee, 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 Grantee shall be entitled to intervene in said litigation.
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-
tonCounty,
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,
BINDING
This Agreement shall be binding on the parties and the respective successors, assigns,
heirs, and legal representatives.
~XI,
CGUNTERPARTS
This Agreement maybe executed in counterparts, each of which shall be deemed an orig-
final, but all of which together shall constitute one and the same instrument,
Page 4
s.lour documentslcontracts1101boonumpaicl~a~yakai grant agreement.doc
VIII,
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
point venture between the parties, and any implication to the contrary is hereby disavowed,
AMENDMENT
This Agreement maybe 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-
inallynecessary to this Agreement.
~XI,
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,
This Agree ent is executed to be effective 30 days after the executed date of the
da of , 2010, the "Effective Date"} by duly authorized officials of the City y
and Owner,
PASSED AND APPROVED this the da of , 2010. Y
CITY OF DENTON
GEORGE C, CAMPBELL, CITY MANAGER
Page 5
s,lour dacumentslcontractsllQlboonumpaichaiyakai grant agre~ment,doc
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
BY; ~
APPRQ AST LEGAL FARM:
ANITA BURGESS, CITY ATTURNEY
BY.
KANDA BCQNUMPA~C~AYAKUQWNER
ATTEST:
BY:
STATE QF TEXAS §
COUNTY OF DENTQN §
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 m hand and seal of office this the ~ day of , 2010, y
a
~~Y A(~ ~i~ i JANE ~ICi~ARDS~N ~
',r~~~ Notary ~u~~ic, stag of Texas otary Public in and for the r,~,, ;ph My Cammissian expires
'--,~rfe{~~;,~ ~n~ ~4~ ~ State of Texas ~ 'rri i~ti'~ ~
M Commission Ex Tres; Y p
Page 6
s,lour dacumentslcantractsll~lboonumpaichaiyalCai grant agreement.doc
STATE GF TEXAS §
CaUNTY 4F DENT4N §
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this da ersonall a eared panda Boonum aichaiyaku~,~owner, known to me to be the person Y p Y pp p
who signed and executed the foregoing instrument, and acknowledged to me that this instrument
was executed for the purposes and cansideratian therein expressed,
Given under m hand and seal of office this the ~~..day of ~~j~~, , 20 i 0. Y
y~~~,$~~,~`Y P~~l,~~~
pAMI~~A SI~~~LMAN otary Public ~n and for the ;``w Notary Public, State of Texas
' State of ~ ~ lulyCommission l~xpires '~~~~+~~~1~i December 16, tot 3 M Commission Ex Tres; . r~, y p
Page 7
Exhibit ~
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' D ~}W~T~WN I~CENTT~~+ R~I~~URS~ SENT ~RA1~T
. ~RC~~iRAN~ A~'~L~CATIUN~
Please return completed with necessary attachments and signature ta,~owntnwn 13evelapm~at aff ce, 2#.5 McKinney nn Inter Phan 5 p,m. ou the Monday prior to the 1't'Wednesday off' each month. ~f you have 'any
application questions, please contact the ~awntawn Project Caardinatar at 94~-3497731, Xf, you have any
building or sign permitlh~storie preservation questions, please c4n#act the historic Prescrvabion p~'icer at
94U-349-7732.
! Applicant Name u ~ ov~~~ f ~ Date ~ ! 5" o
+ Business Marne ~fp~r~~l ~ ~ ,
! Failing Address S" S x~; '
! ,Co~~ct Phone ~'y4• ~ $ ~ Bmail Address ~ ~ b~ M ~M ~~~aa. E ~
! Building Qwner ~f d~erer~t from applica~~) ~ ~ !
! ~storicaJlCurrent Building Name
! Physical Building Address ~ ~ ~ ~ ~
. ~ ! T e at' Work: {check dIl that apply
. Facade Rehabilitation ~ , Fa~da -Faint-only Awnings
~Signage ~ impact Fee Utili tY
Upgrade
! Ilc#ails ot'Plann~ Improvements for Downtown incentive Reimbursement Grant:
~a~iuch ad'drtia ~ aper necessary)
r
List ContractorfPro~ect~architect Proposals and Total Amounts please attach on `nal ro owls ; ~ p ~
! TOxAG COST OF PROFOSEU FRUJE~'I`r ~ ~ 3 ~
~ ANfQUNT OF GRANT REQUESTED ~5D°fo D~ TOTAL, COST' ABOV~~, .
! Cnm~~d~' farm attached an~~ .
~ c~ pit alx required calor~ sQmp~es of paxat, a~rriaglca~opy, sign des~gr~, etc., as wed as
p o~ r ' hs f idd~ug's exterior facade, r~af a~td foundation, ~ .
.
AppZica~t~s ignature date
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s,l~nceudva 1ProgramlAnwataVm Incentive a~ 1'rog~q~1 Ap~iic~ia~tdac
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~IQ'~r WILL THIS PRU~ECT EENEFIT DpWN'TOWN DENTON?
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~U~I~~ET DETAIL
PR(),TECT ExPP.ND~T~TR~'S CITY ~+`UNDS RE~UES~'ED APPLICANT'S FUNDS TOTAL
FACADE kEHAE
AWI~INGSISZGNS .
~ ~ ~ ~ ~~5~ ~ ~ ~
~ 1 ► ~ IMPACT FEES
~ ~ ~ ~ ~ . ~-o .
1 ~ ~ f~~ 'i ~ [1TILITY UPG~AUES
TOTALS
► 1
ATTACH EXACT CQLOR SAMPLES, MODEL NUMBERS (WINDOWS, DOORS, ETC,} , PHOTOS AND1dR SKETCHES OF WORK
TO BE COMF~ETEU, PLEASE INCLUDE AS MUGH DETAIL AS~POSSIDLB.
1 of 12
S;llncaMivo ProgsmlUowatown Inaarliv~ Grant I'mgim,4pplic~.tian,cinc
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Do w~IT~wN I~C~~Trv~ REIMBTw.~~ME~T GRANT
.~~RE~MENT FORM
Please return completed with necessary attachments ~tnd signature to Downtown Development off ce, X15 E.
McKinney no later than 5 p.m, an the Monday prior to the 'V~edncsday of each month, tf yoet have any applicaf on questions, please contact the Downtown pra~ect Coordinator at 940-349w'~?31. ~f you h~~►c any
building or sign permit~isturic preservation questions, please conxact the ~istarlc Preservation O~cer at
94a-349-7732,
I have met with the Downtown project Coordinator, and ~ fully understand the Downtown incentive
Reimbursement Grant Procedures and Details established by the Denton City Council. ~ intend to use this
grant program for the aforementioned renovation projects to forward the efforts of revitalisation and
historic preservation of Denton's historic downtown, I have not received, nor gill I receive insurance
tnonaes for this revitalization project.
I have read the Downtown Incentive Reimbursement Grant Application Procedures including the
Downtown incentive Reimbursement Grant Details.
I understand that if Z am awarded a Downtown Incentive Reimbursement Grant lay 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 aza awarded a reimbursement grant far facade, awning . or sign woxk and the facade, sign or awning is altered for any reason within one ~lj year from
cons~ructian, I may be required to reimburse floe City of Denton immediately for the full amount of the
Downtown Incentive Reimbuxsernent Grant.
~A ~
~ ire . iz tzon Name
~l~~~i~C~~1 C
Applicant's S' natare Printed Name Date
~r
.~uild~r~~ Ater afore (tf d~erent from applicant} Printed Name hate
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DTTF Sigr~atr~re (obtain sitafure at I~TTF' meeting ~ecor~rnettdatian Date
~EDPP Signatr~re ~ol}tain signature at EDPB meeting Recommendation Date
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S:~Inc$~iive I'tiog~trilUownttrwn In~eatiV~ C~tarrt ~ro,grnm APplicati~ri.c~ac
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a 5~~ Cham~~rs fit.
~~nton T~~caa 1~2~5
~94~} ~9~~8184
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August 7, 299
Elk River Real Estate
Attn: Jeremy Sain ~ Via IWacsi ' e ~ ~ ~ 1 mil 337 ~ N,1-35, Suite 140 ~ {940} X81 ~49gfi
Denton, Texas ~ 7~Z41
Re: 221 E, Hickory Andaman Exterior Cost
Caliber Construction, inc. hereby proposes to provide labor, material, and e~ ui ment to erform the foil
at 221 E, Hicks Denton Texas, T ~ g ~ p p awing
rY} ~ he work and cost to be described as follows:
• Supply and install Metal Awning above front door,
~ Supply and install sign circuit far new sign,
T~ITA,:L C~N~STI~UCTIO~' P~IC~; $1,45U.54
N... Vie: All work to be performed during norms! business hours.
Thank you for the opportunity to submit this ro osel. ~ . pp
Respectfully, ,
Scott Richter
Caliber Construction, lnc.
ACCEPTED The work and prices as specified in this proposal are satlsfacto and hereb acce ted.
All work to be erfarmed unde ~ , ~ y p p r terms and cand~t~ons as specified unless st~pulat~d otherwise.
Authorized Si nature 9 .
Qate of Acceptance
Page 1 of 1
.
~~I~ber~~nstru~t~~n nc~
~4~ ~ha~~mbers St,
. Denton, Texas 7fi~4~
94~ ~~S~~1~4 . ~ ~
fax 94a~ 5~~-0?'~4 ~ ~ ~ ~ . ~ ~
August 7, Zo~9
Elk River Rea! Estate
Attn: Jeremy Sain pia Facsimile . ,
33~ ~ N.1-35, Suite 140 ~940~ 389-4905
Denton, Texas ?'~2D7 ~ .
Re: 229 E. Hickory Andaman Impact Fees
caliber Gcnstruction, Inc. hereby proposes to provide labor, material, and equipment to perform the #olioti~ing
at 229 E, Hickory, Denton, Texas. The work and cost to be described as follows
• caliber Construction Inc.wil! pay for the impact fees.
TUT.A~ C~N~TR~UCTIUN ~'~ICEw ~14,4ZZ,~0
f
N, to Al! work to~be performed ~durin~ nornnal business hours. ~ ~ ,
Thank you for the opportunity to submit this proposal.
Respectfully
Scott Richter
Caliber Construction, Inc.
ACCEPTED. The work and rites ass ecified in this proposal are satisfactory and hereby accepted, p p All work to be performed under terms and conditions as specified unless stipulated otherwise,
i
Authorized Signature
Date of Acceptance ~u~r..rwni~.ni•wnnmi~mou~u w