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2008-177sAour documents\ordinances\08\thomgren.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A GRANT APPLICATION FROM JOHN THORNGREN FROM THE DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO EXCEED $2,360; 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, John Thorngren has applied for a $2,360 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 John Thorngren for $2,360 from the Downtown Incentive Reimbursement Grant Program. SECTION 2. The Mayor, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City, including the expenditure of funds as provided in the Agreement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 0 day of 2008. A~.-BMAWgH$, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: sAour documents\contracts\08\john thomgren.doc DOWNTOWN REE1 BURSEMENT 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 John Thorngren, a limited liability corporation (the "Owner"), duly authorized to do business and in good standing in the State of Texas, duly acting herein by and through its autho- rized 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 21St day of April, 2008, Owner 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 (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 documents\contracts\08\john thomgren.doc 1. A reimbursement in an amount not to exceed $2,360 attributable to new capital investments, as hereinafter described, being constructed on the Premises. B. A condition of the Reimbursement is that, by January 9, 2009 (subject to force majeure delays not to exceed 180 days), a capital investment in the form of awning replacement 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 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. Page 2 sAour documents contracts\08\john thomeren.doc 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: CITY: John Thorrngren George C. Campbell, City Manager P.O. Box 718 City of Denton Lake Dallas, TX 75065 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 3rd day of April, 2007, 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". Page 3 sAour documents\contracts\Ofiohn thomgren.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 sAour documents\contmcts\08\john thomgren.doc 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. 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. XXI. 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 Agreement is executed to be effective 30 days after the executed date of the `141, - day of 2008, (the "Effective Date") by duly authorized officials of the City and Owner PASSED AND APPROVED this the _,6-0t_ day of , 2008. OF DENTON A. BURR WGHS. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 5 sAour documents\contracts\08\john thomgren.doc APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY 7c~ ATTEST: BY: JOHN THORNGREN l JOHN THORNGREN, O ER Page 6 sAour documents\contracts\08\john thomgren.doc 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 Mark A. Burroughs, Mayor 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 day of , 2008. '4 °.w'"":- JANE E. RICHARDSON otary Public in and for the Notary Public, State of Texas ' My Commission Expires State of Texas Ise ;,,v~ June 27, 2009 My Commission Expires: Page 7 s:\our documents\contracts\08\john thorngren.doc 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 John Thorngren, (an officer of), a Texas limited liability corporation, known to me to be the person who signed and executed the foregoing instrument, and acknowl- edged to me that this instrument was executed for the purposes and consideration therein ex- pressed. Given under my hand and seal of office this the ./4/' day of a4lw~ , 2008. U CHRISTINA DAVIS MY COMMISSION EXPIRES OCTOBER 21, 2009 N'ro-tary Public in d for the State of My CommiSS' n Expires: Page 8 sAour documents\contracts\08\john thomgren exhibit a.doc Exhibit A Legal Description Being the West 20 feet of LOT 5 in BLOCK ONE of the ORIGINAL TOWN OF DENTON, Denton County, Texas, according to the Plat thereof recorded in Cabinet A, Page 200, Plat Records, Denton County, Texas. 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 5 pm. on the Monday prior to the 1" Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732- i t 1, ( It l.C 4 rDate ♦ Applicant Name _ • Business Name ♦ Mailing Address 7 i' `~=t lj, % /4 S • Contact Phone ' - - ' ! T 31 Email Address /le; r ♦ Building Owner (f different from applicant) J • Historical/Current Building Name -71,t- Physical Building Address / V L0 * • Type of Work: (check all that apply) - Fa*e Rehabilitation _ Fagade - Paint-only rVAwnings _Signage _ Impact Fee _ Utility Upgrade ♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant: (attach additional paper if necessary) ff2 - / f•. t` Y" IGt C.l~ List Contrnmor/Project architect Pragals and Total Amounts (please attach original proposals): 2. 7 • TOTAL COST OF PROPOSED PROJECT: • AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST AsovE)r' Attach with all required color samples of paint, awning/canopy, sign design, etc., as well as photographs of building's exterior fyepde, roof and foundation nfirzrnt'.c Signature Date MOM &Unce tm Ropa W*"tor bwmd" Gem Rogue Applialion.dm Of DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGREEMENT FORM Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than S pm. on the Monday prior to the 1° Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. I have met with the Downtown Project Coordinator, and I fully understand the Downtown Incentive Reimbursement Grant Procedures and Details established by 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's historic downtown. I have not received, nor will I receive insurance monies 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 I am awarded a Downtown 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 1 am awarded a reimbursement grant for fagade, 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 Downtown Incentive Reimbursement Grant. BuslneWftanitafion Name ' 1 - Signature Printed Name Building Owner's Signature (if dierent from applicant) Printed Nance Date Date D7TF Signature (obtain signature at DTTF meeting) Recommendation Date EDPB Signature (obtain signature at EDPB meeting) Recommendation Date S:%L-t ve pmgramW-w" b-o" CG l PKWW AppliMM.&C 11of11 FIGURES 1 D ~o s 3 V 4 R ~ G J miss i~~as otnsfruc~uus Serving Dentin 6 Denson County S(Am 1973 LEE Roy REEDY, OWNER y 1-940-387-3230 1. 00-580-3230 i -p P.O. Box 1206 • Sanger, TX 776266 submitted , J W J ~fJ oR•t/ Page No. of gages Remodeling Proposal COMMACTOR UCENSE NO. JOB PHONE NO. JOa MAW r NO. To. 0, 7e"LF G X Joe LOCATION ARDOW-CT GATE OF PLANS i- u k aF D.-(~ ct s / X 7S -d PHONE DATE APPROxMATE STAMM DATE APPROxWTE COWN E"M GATE 94O-S Z/ - a96V 3 -30-6e' Wit hereby wAxylil speafMalians and t~aitrtaaa s tor. s F 7 A) I- ~i z r 1 w'~A F ~.3 Q ErP r~4GifCE. ..._...i~c.../_dN............ o L~t'A4 i(~orj/?.4 _.~Fic,~-_...._....._.__.._............ y 7v2o /~7 /-1~~1 1 6 7 ! All malerial is rjuaranteed to be is specified. Alt work b be COM- pltstend in a vvoufunardike manner acconkng to t, ndard practices. i Any afteratum ordeviartion Iran uw above specifications kavofving esira costs rM be done a* upon a written chalige ordim The Cost,- yin become an extra charge over and above file erstirnoto. This 15 io inctrd% but is rxN lirrited to, hidden dantages; that are uncovered during rho course of Via job and additional work required by local bu+Jding lnsgivonrs. AD elements of this thyeament are contkVont upon strAos, accidents or delays beynne ntv control. The rstirmto does not include material pace irereasm. or additional tabor and materials which may be requilud should unforeseen problorns arise after five wale has started. i You, the buyer, may cancel this transaction at any time prior to midnight of the third ! business day after the date of this trans- action. Cancellation must be done in writing. Sa.vlnq Dontw. 26 Yom.- We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: ~ / Autttaria-d Faytesum dollars 1`-0t2_ this pmpnaal .n,y to ~iinxfra.rn Acceptance of Proposal: The above Priam spedficadom and cunddons are satisfactmy and are hereby accepted. You are t authorized to do the work as spedW. Paymera Will be made as outlined above. 1~_ 7 -A V . F(, tj, L;. SA0ur Documents\Ordinances\OTDowntown Incentive Prog.doc Exhibit C ORDINANCE NO. 2d&7-1)72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 14, 2007, the Downtown Task Force ("DTTF") unanimously recommended creating an incentive program to promote desired development/redevelopment in the downtown area of the City of Denton; and WHEREAS, the DTTF also recommended that the City Council fund the program in an amount to be considered annually by the City Council; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton hereby approves the Downtown Incentive Reimbursement Grant Program, attached hereto and made a part hereof. SECTION 2. The City Council will fund the Program in an amount to be considered annually. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the edayof_ , 2007. 6'32' * 9~c0 PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP R. ED JTO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: i ' t (of 1 DD: ~J DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM Application Instructions If you have any application questions, please contact the Downtown Development office at 940349- 7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. The City of Denton Downtown Development Department works to revitalize and enhance the unique character of Downtown through historic preservation and community involvement, while at the some time promoting Downtown, providing educational and technical assistance to business and property owners, and maintaining the beauty of Denton. As an economic incentive, the City of Denton Downtown Development Department has designed the following incentive reimbursement grant program. PROGRAM DETAILS (please read carefl/W The Downtown Incentive Reimbursement Grant Program is set up as a single payment reimbursement to property owners per building/business, and in some situations, tenants. Reimbursement grants are available for the following types of projects: Fagade Rehabilitation a. Definition: Removing slipcovers or non-historic/added facades, repointing brick or replacing mortar joints, replacing or restoring cornices, removing paint from brick, replacing windows, restoring transom windows, roof and foundation work. b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost) for fagade, roof and foundation work. Roof and foundation repair may constitute no more than 50% of minimum threshold amount and shall only be considered for funding if included as a portion of a larger project. ii. 50150% matching basis with a cap of $5,000 per grant ($10,000+ total project cost) for paint-only grants New Awnings & Signs a. Definition: Replacing, adding or repairing awnings & signs. Signs may include signboards, projecting signs and pedestrian signage (includes window sign, hanging sign and awning/canopy sign). b. Limits: i. 50/50% matching basis with a cap of $5,000 per grant ($10,000+ total project cost) for awning work :ii. 50/50% matching basis with a cap of $500 per grant ($1000+ total project cost) for signage lof11 s:VnceWw Pro9rmo0mmown Inatnive Gum Program Appliedion doc PROGRAMDETALLS (continued) • Impact Fee Reimbursement a. Definition: Reimbursement for City of Denton water and wastewater impact fees b. Limits: i. 50150% matching basis with a cap of $50,000 per grant ($100,000+ total project cost)) Utility Upgrades a. Definition: Upgrades to water, wastewater and electrical service, includes interior upgrades as well as exterior service upgrades b. Limits: i. 50/50% matching basis with a cap of $50,000 per grant ($100,000+ total project cost) GRANT GUIDELINES (pleme read carefully) 1. Fagade rehabilitation grant funds are available for exterior work on building facades that immediately overlook public streets located in the Main Street Area as defined in the Downtown Master Plan (see attached map), as well as roof and foundation work on commercial buildings in that district. 2. Grants are on a first-come, first-served basis until Council-allocated funds are depleted, or until the program ends, whichever comes first. 3. No grants will be awarded for work that has already been completed or for work that is covered by insurance. Incentive grant applications must be submitted before requests for building permits. 4. All grants will be awarded on a reimbursement basis once completed work has been verified by City staff as compliant with the plans proposed in the approved application. Any deviation from the approved grant project may result in the total or partial withdrawal of the grant. All submitted work will be reviewed based on the Secretary of the Interior's Standards for Rehabilitation (see page 8) and the City of Denton Property Appearance Guidelines (available from the Downtown Development office). The Denton Downtown Task Force (DTTF) and the Economic Development Partnership Board (EDPB) will review submitted work and make a recommendation to the Denton City Council. Approval from the City Council must be obtained before any eligible work may begin. 6. Grant applications and awards can be made in any of the reimbursable activities listed above and may be combined for any single property or project. However, the maximum award amount available annually per applicant Is S50,000. 2of11 s:Vnam w Prw=\Dmmcwn Imeww Gram PmMm Applicmmdw 7. An applicant is defined as an eligible property within the Denton Central Business District. A single owner of multiple properties may apply for grant funds for each property owned but may not receive more than $50,000 per property. 8. Projects will be reviewed with the following considerations in mind: • project compliance with all current building standards, • perceived need for proposed renovations to building, historical accuracy of proposed renovations, • design quality of the proposed renovations, • compatibility of design in relation to other buildings, • project compatibility with streetscape objectives, • project compatibility in relation to downtown development goals at time of application, • proximity to Courthouse-on-the-Square. 3of11 S"J=='iw Prognmlpowotoae lmmiw crmc Pmv= Apowim d. of C) V GQ FI/R~ f<<'if GRANT APPLICA TION PROCESS 1. Determine ellgibillty: Discuss project plans with Downtown Project Coordinator and set up an appointment for free assistance in selecting paint, fabrics, color schemes and sign materials for building fagade and signs through the Texas Main Street Center's Architectural Assistance Program. The Property Appearance Guidelines should be a reference guide when making any design improvements to properties in the Central Business District. The Property Appearance Guidelines are available from the Downtown Development office at 215 E. McKinney, Denton, TX 76201. 2. Fill out incentive reimbursement grant application form and sign the agreement form. All grant applications must include a scale drawing by the Texas Main Street Architect, the project architect or contractor of all the proposed grant work to be done. Color samples of all final paint selections and/or final fabric or sign material selections mast be included with the application to be reviewed by the Downtown Task Force (DTTF), the Economic Development Partnership Board (EDPB) and approved / rejected by the Denton City CounciL Obtain itemized written work estimates on all project work from contractors or project architects. Self-contracted work will be reimbursed for actual legitimate expenses, excluding labor. 3. Retww the completed application form with all original itemized work estimates, color samples, drawings and example sign material of the proposed work to the Downtown Development office at 215 E. McKinney no later than 5 p.m. the Monday prior to the I" Wednesday of each month. 4. 77ee approval process will include without lindtation the following. (a) All projects must meet current building standards and codes, as well as building permit requirements. (b) The DTTF meets the 2°d Wednesday of each month at 9:00 AM and all applicants are required to attend and present their grant reimbursement project to the DTTF for review and recommendation to the EDPB. (c) The EDPB meets the 3rd Monday of each month at 11:30 AM and will review submitted applications along with the DTTF's recommendation. The EDPB will then make a recommendation to the Denton City Council for the project's approval / rejection. (d) The Denton City Council has the final discretion with regard to funding and reserves the right to modify or reject any project or elements of any project. (e) The Denton City Council will receive recommendations from the DTTF and EDPB. The DTTF and EDPB recommendations shall be advisory only and no recommendation shall be binding on the Denton City Council. (1) The Denton City Council shall consider only Applications which have been properly and fully completed and which contain all information required in the Application or requested by any committee, board or the Denton City Council. (g) All construction bids submitted by an Applicant must be current and must be dated no earlier than ninety (90) days prior to the Application request. Bids shall be submitted on the contractor's or project architect's letterhead and shall contain the contractor' name, address, telephone number 4of11 S:Vn==" ft0V=W0wW0wa tncen m Gram Program AppliutimAm i(Of? and shall itemize the bid in a manner that allows the DTTF, EDPB and Denton City Council to determine the bid components and authenticity of the bid. (h) An Applicant who submits an Application that was denied a grant by the Denton City Council shall not be eligible to re-submit a grant application for six (6) months from the date the prior Application was declined by the Denton City Council. (1) Applicants receiving approval by the Denton City Council shall commence construction described within the Application within ninety (90) days from the date the grant is awarded by the Denton City Council. All Applicants must complete the construction described in the Application within one (1) year from the date the grant is approved by the Denton City Council. If the Applicant is unable to commence construction within ninety (90) days from the date the grant is approved or complete construction within one (1) year from the date the grant is approved, the Applicant may submit a written request for an extension for the commencement date or completion date provided the extension request is made prior to the ninety (90) day or one (1) year time limit. The Denton City Council shall not be obligated to allow extensions but may do so for good cause determined solely by the Denton City Council. The extensions, if granted, shall be for the term and for the conditions determined exclusively by the Denton City Council. An extension denial cannot be appealed and shall be final with the Denton City Council. Q) As a condition of this grant Application, the Applicant consents and shall allow the Downtown Development staff to request City inspections to determine that the grant, if awarded, will not be used for construction on any building that is not in compliance with the City Municipal Codes and Ordinances that are applicable to the construction contemplated in the application. (k) The Denton City Council shall have sole discretion in awarding grants. The Denton City Council shall award grants considering the grant amount requested, grant funds available, the guidelines of the grant program, condition of the building in which the grant funds will be used, economic impact, other grant requests, the type and nature of the construction, and the proposed construction results considering the grant program.. (l) No Applicant has a proprietary right to receive grant funds. The Denton City Council shall consider any Application within its discretionary authority to determine what grant amount would be in the best interest of the Grant program. The review criteria may include, but shall not be limited to, project compliance with all current building standards, perceived need for proposed renovations to building, historical accuracy of proposed renovations, design quality of the proposed renovations, the compatibility of design in relation to other buildings, project compatibility with streetscape objectives and project compatibility in relation to downtown development goals at time of application. (m) The Applicant shall be required to furnish photographs of the building's exterior, roof and foundation as part of the Application request and shall provide photographs after the construction is completed, as a condition of final grant reimbursement. (n) The Applicant is required to obtain all applicable City permits and City approvals required for the construction if a grant is awarded. 5of11 S:koamive Progam00wrG IDDemive Caen Program Apptiwtioa.dot of (o) No Applicant, nor Applicant agent, representative or tenant shall be entitled to receive grant approval on the same property if requested within three (3) years from the date a previous grant was awarded by the Denton City Council. (p) An Applicant must attend DTTF, EDPB and Denton City Council meetings which consider the Application. Failure to attend a meeting when required shall be cause for rejection of the Application. 5. Reimbursement: When the entire grant project has been satisfactorily completed and reviewed, the applicant shall present the Downtown Development office with copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, for a single payment reimbursement of the approved funding. 6of11 SVnranive Prov=Wowctown !mauve Gran Pmgmm Appli=m.dor: of { n I JI Ii REHABILITATION TIPS • Roof, foundation and structural items should be given priority over cosmetic improvements. • Carefully examine old buildings for termites, wood rot and general deterioration. • When repairing a building, do not cut expenses on the roof or the foundation. • Be aware of areas on the roof and at connecting walls where water does not readily drain. Flashing should be installed at intersections to prevent leakage. • Carefully locate air conditioning units to avoid water condensations on the sides of buildings. Condensing units should be supported from the masonry walls and not placed directly on the roof. • The top brick cornices that project above the roof deteriorate rapidly unless they are capped with metal, terra cotta, stone or concrete. • When mortar is missing or in poor repair, moisture will enter the walls and eventually may cause structural damage. Deteriorated mortar should be removed to a depth of at least three-fourths of an inch and replaced with new mortar that matches the old in color, texture and striking of the joint. • Do not sandblast. Chemicals and/or water can remove dirt and paint without damaging the surface of the building. • Do not paint too often; many times a building only needs mild washing. • if the building has stone or brick that has never been painted, do not create a maintenance problem by painting it. • Existing architectural details, including old wood doors, windows, ceilings, and trim work add to the character of a building and its resale value. Repair these features rather than remove them. • Wood windows are reasonable to repair, if a specialist in window repair can be found. If the windows are missing, custom-made windows can be ordered for replacement in old buildings. • Pressed metal ceiling panels are still being manufactured today with some of the same patterns installed originally. Deteriorated panels, therefore, can be replaced exactly. • Do not use aluminum siding. It can hide water penetration into the walls and accelerate deterioration. • Before rehabilitating a building fagade, take a careful look at the structural aspects of the building. Develop a design that is compatible with neighboring buildings. • Retain a sense of continuity by carrying exterior building design inside the structure. • Demand quality. 7of11 s:11r ~ P/o~uawawmamn i CM4 Program Awli.a .dx I O 'j SECRETARY OF INTERIOR'S STANDARDS FOR REHABILITATION All Downtown Incentive Reimbursement Grant applications will be reviewed by the DTTF and EDPB and approved by the Denton City Council for design appropriateness. The DTTI'F, EDPB and Denton City Council will maintain an awareness of the Standards of BehabMadon as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its original intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features will disqualify any building from this program. 3. All building, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged and may disqualify any building from this program. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance may be recognized and respected. 5. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. 6. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will change or damage the historic building materials shall not be undertaken. 7. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural materials, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 8. Whenever possible, new additions or alterations to structures shall be done in such a manner that if such addition or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. New additions should be compatible to the present structure. 8of11 SMOCemive Prog=kDavetovm Irsemive crud program Appliutiod.doc (of DEADLINE: Monday prior to the 11t Wednesday of each month Date Received: DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM CHECKLIST Use this form as a checklist to follow all steps needed to complete the Downtown Incentive Reimbursement Grant Program application to receive approval ❑ Meet with Downtown Project Coordinator to determine eligibility and to walk through Downtown Incentive Reimbursement Grant and instructions, and to possibly set up appointment for free assistance from the Texas Main Street Center's Architectural Assistance Program. ❑ Meet with the City's Historic Preservation Officer (940-349-7732) if any work may involve receiving a building or sign permit or dealing with historic preservation issues. ❑ Complete the Downtown Incentive Reimbursement Grant application form and sign agreement form. Include the following required attachments: scale drawing by the Texas Main Street Architect, the project architect or contractor of all the proposed grant work to be done including signage renderings, color samples of all final paint selections and/or final fabric or sign material selections, photographs of building's exterior, roof and foundation. ❑ Return completed application and agreement form with required attachments no later than Sp.m. on the Monday prior to the In Wednesday of the month to the Downtown Project Coordinator to be added to the next DTTF meeting agenda. ❑ Attend and present Downtown Incentive Reimbursement Grant application project to DTTF and EDPB for their recommendation to the Denton City Council. ❑ Receive project recommendation of proposed work listed on grant application. Get signatures and recommendation status of the chairs of the DTTF and EDPB on last page of application form. ❑ Return all paperwork to Downtown Project Coordinator to be scheduled for a future Denton City Council meeting. ❑ Attend Denton City Council meeting where staff will present Downtown Incentive Reimbursement Grant application project to the Denton City Council for their approval. ❑ If approved, Downtown Incentive Reimbursement Grant project construction may commence. Work must commence within ninety (90) days of approval from Denton City Council and be completed within one year. ❑ Upon completion of Downtown Incentive Reimbursement Grant project, furnish photographs of the building's exterior, roof and foundation; copies of all paid invoices, including copies of cancelled checks and/or credit card receipts, to receive a single payment reimbursement of the approved funding. 9of11 S:V=endve Pr07=U)VWM0%M Ixamive Crr= PMV= AppliationAm ~of I DOWNTOWN INCENTIVE REmBURSEMENT GRANT PROGRAM APPLICATION Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the V Wednesday of each mouth. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. Applicant Name Date ♦ Business Name • Mailing Address Contact Phone Email Address • Building Owner (if diereni from applicant) ♦ Historical/Current Building Name • Physical Building Address • Type of Work: (check all that apply) - Fagade Rehabilitation _ Fa;ade - Paint-only - Awnings _Signage - Impact Fee ` Utility Upgrade ♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant: (attach additional paper if necessary) List Contractor/Project architect Proposals and Total Amounts (please attach original proposals): 1. 2. TOTAL COST OF PROPOSED PROJECT: • AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST ABOVE): Attach with all required color samples ofpaint, awning/canopy, sign design, etc., as well as photographs of hudding's exterior facade, roof and foundation. ,Vpucam s argnanwe Date 10 of 11 SAIMepive Prognmwownmae Iroendve Gmu Program APP1iC4dW.d" Of ITTI I ~J 4~ I s : a: DOWNTOWN INCENTIVE REIMBURSEMENT GRANT AGREEMENT FORM Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the I" Wednesday of each month. H you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permWhistoric preservation questions, please contact the Historic Preservation Officer at 940-349-7732. I have met with the Downtown Project Coordinator, and I fully understand the Downtown Incentive Reimbursement Grant Procedures and Details established by 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's historic downtown. I have not received, nor will I receive insurance monies 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 I am awarded a Downtown 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 fagade, awning or sign work and the fagade, 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 Downtown Incentive Reimbursement Grant. Business/Organkadon Name Applkant's Signature Printed Name Date Building Owner's Signature (if different from applicant) Printed Name Date DTTFSignature (obtain signature at D7TFmeeting) Recommendation Date EDPB Signature (obtain signature at EDP$ meeting) Recommendation Date 11 of 11 s:U=eodve PmVamooviwu Io=iw Gram Program AWIicawe doc