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HomeMy WebLinkAboutContract 31728 r CITY SECRETARY ` CONTRACT NO. AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 29095 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH PIER 1 SERVICES COMPANY This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 29095 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation organized under the laws of the State of Texas, and PIER 1 SERVICES COMPANY ("Pier 1"), a Delaware business trust and the successor to Pier—FTW, Inc. RECITALS The City and Pier 1 hereby agree that the following statements are true and correct and constitute the basis upon which the City and Pier 1 have entered into this Amendment: A. The City and Pier 1 entered into that certain Economic Development Program Agreement ("Agreement") dated on or about October 14, 2002. The Agreement is a public document on file in the City Secretary's Office as City Secretary Contract No. 29095. B. The Agreement calls for the City to make certain economic development Program grants, as authorized by Chapter 380 of the Texas Local Government Code and City Council Resolution No. 2704, and other lawful concessions to Pier 1 in return for Pier 1's construction of Corporate Offices on the Pier 1 Property, which is located in the City, and specific commitments for construction spending and annual supply and service spending with Fort Worth Companies and Certified M/WBEs and for employment of Fort Worth Residents and Central City Residents, all of which the City Council previously determined would promote state and local economic development and stimulate business and commercial activity in the City. C. The Agreement calls for the City to, among other things, vacate certain public rights-of-way for incorporation as part of the Pier 1 Property, on which the Agreement requires Pier 1 to maintain its Corporate Offices as part of the Program. Previous ordinances adopted by the City Council vacating public rights-of-way for this purpose contained erroneous information. Those ordinances are Ordinance No. 15192 and Ordinance No. 15295. The City and Pier 1 wish to correct those errors and to clarify the City's duties and obligations with respect to the vacation of public rights-of-way, which comprises a portion of the Program, by means of this Amendment. Page 1 ,. q R Amendment No. 1 to Economic Development Program Agreement �j� 1 between City of Fort Worth and Pier 1 Services Company CITY SN1p �od ay R. WFiNTH, TVs, NOW, THEREFORE, in consideration of the mutual benefits and promises contained in the Agreement and this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Section 7.1 (Penn Street Right-of-Way Vacation) is amended to state the following: 7.1. Rilaht-of-Way Vacation. At Pier 1's request, the City adopted Ordinance No. 16306 on February 22, 2005, pursuant to which the City vacated approximately 2.4 acres of public right-of-way, specifically (i) approximately 0.454 acres of land comprising a portion of West Fifth Street and Forest Park Boulevard beginning at the southeast corner of Lot 1, Block 1, Calvary Addition, as recorded in Volume 388-168, Page 7, Plat Records, Tarrant County, Texas, and (ii) approximately 1.946 acres of land comprising a portion of Penn Street, beginning at the southwest corner of Lot 16, Carlock's Addition, as recorded in Volume 106, Page 55, Plat Records, Tarrant County, Texas (collectively, the "Vacated Right-of-Way"), which public right-of-way reverted to Pier 1 as provided by law and has been replatted or will be replatted as part of the Pier 1 Property. The fair market appraised value established for the Vacated Right-of-Way is $501,265.95. As part of the Program, the City previously was deemed to have granted Pier 1 the sum of $463,452.45, which was the fair market value established for approximately 2.13 acres of public right-of-way vacated pursuant to Ordinance No. 15192, which property reverted to Pier 1 as the adjacent property owner, and Pier 1 acknowledges receipt of such grant. The fair market appraised value for the additional 0.27 acres of public right-of-way vacated pursuant to Ordinance No. 16306 is $37,813.50. Pier 1 hereby agrees to pay the City the sum of$37,813.50 for such additional Vacated Right-of-Way. Within ten (10)business days following receipt of this sum, the City shall pay Pier 1, as an additional grant under the Program, the sum of$37,813.50. 2. Section 7.6 ("Additional Right-of-Way Vacations") is hereby deleted in its entirety. 3. All capitalized terms used but not defined in this Amendment shall have the meanings ascribed to them in the Agreement. Paget [Ff. EWN Amendment No. I to Economic Development Program Agreementbetween City of Fort Worth and Pier 1 Services Company �p��1 Y, ix. 4. This Amendment contains the entire agreement between the parties with respect to the matters set forth herein. All provisions of the Agreement that are not specifically amended by this Amendment shall remain in full force and effect. CITY OF FORT WORTH: PIER 1 SERVICES COMPANY, a Delaware business trust By: Pier 1 Holdings, Inc., a Delaware corporation, its managing trustee Y By: Dale Fisseler J. Rodney La rence Assistant City Manager Executive Vice President Date: L�)-& 0-�5 Date: i I 1 9005 APPROVED AS TO FORM AND LEGALITY: By: Peter Vaky Assistant City Attorney M&C: C-2 o 628 Attested By- Ntarty Herturix Citv Secretary OFF1641,11 WON Page 3 j Amendment No. 1 to Economic Development Program Agreement C/IY SK-Kyly between City of Fort Worth and Pier 1 Services Company Fp, w lygj Ta. City of Fort Worth, Texas Mayor and Council Communication oA.6":'Pq� mAiel'fi�P.iR�dildRLb'.a9e -..fX6'8C�5RG:AK.XL.::•,s••atS.S;...A'�';�'ds::. .=9"'#...� '1r>.-.::n%.`®dd:ffi$$Y'_4» ,82k5 '6Rri�.:C K.Ld,'P'�'��*?•_s^.>a". sBs"¢YMF. .3R. COUNCIL ACTION: Approved on 4/26/2005 w.ve�zx: -...t' axr.x xa:aa .a�,avza<� sss_.;,..:z;-adm,: -n - :r. " a:r:a,�a.^•a�za�<:raa:ss.�' nsr<.:msrFe c-ac vara^.re�,.�aan^gaz� DATE: Tuesday, April 26, 2005 LOG NAME: 17PIERlAMENDEDA REFERENCE NO.: C-20678 SUBJECT: Authorize Amendment to City Secretary Contract No. 29095, Economic Development Program Agreement with Pier 1 Services Company 3.;JX' ... ' Pf.'kSlY.Y:. 3�.'S2:L:-GJbSgk...h,-ra.,vw.d&"9X.SII[-;a'.Wt�tirk: 'M-.Y"aA.M. ..,-;ro£^_Wa<.�4.T'.'0..wzsW:2�'.^'4s:8�'9✓T.d: s%:Rl.'�(SY::":»=R.. �di'L.. .. aYtlLi' RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to City Secretary Contract No. 29095 (Economic Development Program Agreement with Pier 1 Services Company), providing for the vacation of certain public rights-of-way associated with Pier 1's corporate offices. DISCUSSION: On October 8, 2002, the City Council approved an Economic Development Program Agreement (EDPA) with Pier 1 Services Company (Pier 1). Among other things, the agreement calls for the City to vacate certain public rights-of-way for incorporation as part of Pier 1's corporate offices (the Pier 1 Property). Subsequently, Council action was taken to vacate some, but not all of the public rights-of-way necessary to accommodate the Pier 1 Property. On February 22, 2005, City Council approved M&C PZ-2572 and Ordinance Number 16306, authorizing Pier 1's request for additional vacated right-of-way in the vicinity of Penn Street. The additional right-of-way has a market value of$37,813.50. The attached amendment calls for Pier 1 to pay the $37,813.50 fair market value of the additional vacated right-of-way and provides that the City will reimburse Pier 1 in an amount equal to that sum as an additional grant under the agreement. The structure of this transaction is necessitated by the requirement of state law. This project is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will require no direct expenditure from currently held City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Dale A. Fisseler (6266) Originating Department Head: Tom Higgins (6192) Additional Information Contact: Peter Vaky (7601) Ardina Washington (8003) Logname: 60SOUTHWEST Page 1 of 2