HomeMy WebLinkAboutContract 50142-A1 �5. v CITY SECRETARY
RECEIVED CONTRACTNO. SOIL-Al
MAY 2 9 2018
�y CITY OF FORT WORfI AMENDMENT TO CITY SECRETARY CONTRACT NO. 50142
CITY SECRETARY ti
W S,on September 8,2017,the City of Fort Worth("City") and Briarwood Lancaster,L.P.
(" made and entered into City Secretary Contract No. 50142 (the "Contract"), as
authorized by the City Council in M&C G-17804, G-17892 and G-19052 which provided City UDAG
funds for the purpose of the Urban Village Storefront/Facade Improvement Program (Fagade Improvement
Program);
WHEREAS, the funding provided to Developer in the Contract was from a grant received by the
City from the United States Department of Housing and Urban Development through the Urban
Development Action Grant Agreement (UDAG)No. B-79-AA-48-0013;
WHEREAS, Developer requested funds from the Fagade Improvement Program for the
construction of fagade improvements to a building located at 4707-4733 E. Lancaster Avenue, under the
terms and conditions set forth in the Contract;
WHEREAS,the Completion Deadline and the Termination Date of the Contract were the same
which did not allow the Developer adequate time to submit the required documentation in order to be
reimbursed;
WHEREAS, it is the mutual desire of City and Developer to amend the Contract to complete
the project and meet Contract objectives.
NOW THEREFORE,City and Developer hereby agree as follows:
I.
Section 3.1 is amended to be and read as follows:
"3.1. This Agreement will commence on the Effective Date and terminate on June 30,
2018, subject to the provisions of Section 6 of this Agreement, unless earlier terminated as
provided herein."
II.
Section 5.1 Program Reimbursement is amended by adding the following sentence at the end of
the section:
"All requests for reimbursement must be submitted to City no later than 90 days after the
Completion Deadline."
CONTRACT AMENDMENT 1 to CSC No.50142 Page 1 1
Briarwood Lancaster, L.P.
III.
This Amendment is effective as of the Effective Date of the Contract.
IV.
All other terms and conditions of City Secretary Contract No. 50142 not amended herein remain
unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties.
Capitalized terms not defined herein shall have meanings assigned to them in the Contract.
[SIGNATURE PAGE TO IMMEDIATELY FOLLOW]
CONTRACT AMENDMENT 1 to CSC No.50142 Page 1 2
Briarwood Lancaster, L.P.
ACCEPTED AND AGREED:
ATTEST: ! CITY OF FORT WORTH:
of Fob j
G� By: /Ck-c•---��-«�--
City Secreta * M Fernando Costa, Assistant City Manager
M&C G-17804 Date: Feb. 12, 0131 J.
M&C G-17892 Date: May 14, 3
M&C G-19052 Date: Aug. 1, 201q$
APPROVED AS TO FORM AND LEGALITY:
Vicki Ganske, Sr. Assistant City Attorney
DEVELOPER:
By: _
H„ alRoyall, President
Briarwo Capital Corporation, General Partner
OFRECORD
CITY SECRETARY
FT.WORTH,TX
CONTRACT AMENDMENT 1 to CSC No.50142 Page 3
Briarwood Lancaster, L.P.
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Sarah J. Odle /
Name of Employee/Signature
_Neighborhood Development Coordinator_
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT II
COUNCIL ACTION: Approved on 8/1/2017 - Resolution No. 4820-08-2017
DATE: 8/1/2017 REFERENCE G-19052 LOG NAME: 19FIPPOLICYAMEND
NO..
NON- PUBLIC
CODE: G TYPE: CONSENT HEARING: NO
SUBJECT: Adopt Resolution Amending the Policy for the Urban Village Storefront/Fagade
Improvement Program by Changing the Eligible Project Boundary to Include Projects
Located Along Commercial Corridors Within One Half Mile of the Designated Urban
Villages and in a Community Development Block Grant Eligible Area (COUNCIL
DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution amending the policy for the
Urban Village Storefront/Fagade Improvement Program to change the eligible project boundary to
include projects located along commercial corridors within one half mile of the designated Urban
Villages under the Program and in a Community Development Block Grant Eligible Area.
DISCUSSION:
On February 12, 2013, the City Council approved Resolution No. 4181-02-2013 approving the
creation of an Urban Village Storefront/Fagade Improvement Program (Program) and adopting a
policy for the Program by Mayor and Council Communication (M&C G-17804). On May 14, 2013, the
City Council approved Resolution 4204-05-2013 changing the appellate body from the Urban Design
Commission to the Community Development Council (M&C G-17892).
Staff has had inquiries into the Program from citizens with property outside the current eligible project
boundary. The Program is funded with Urban Development Action Grant(UDAG) funds, which must
be spent in a similar manner as Community Development Block Grant (CDBG) Funds and in CDBG
eligible areas. At the June 6, 2017 Housing and Neighborhood Services Committee (HNSC)
meeting, the committee expressed interest in amending the eligible project boundary to allow
applications to be located along commercial corridors within one half mile of the designated Urban
Villages in the Program and in a CDBG eligible area. This policy amendment will allow for the
expansion of the Program while maintaining the guidelines on expending UDAG funds.
Based on approval of the HNSC, Staff is recommending adoption of the resolution amending the
Program.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
Redline Facade Improvement Program Policy 8-01-17.pdf
STOREFRONT FACADE IMPROVEMENT PROGRAM 2017 POLICY CHANGE
RESOLUTION.docx
"M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTtl
COUNCIL ACTION: Approved on 5/14/2013 - Resolution No. 4204-05-2013
DATE: 5/14/2013 REFERENCE NO.:G-17892 LOG NAME: 17FIP POLICY
AMENDMENT
CODE: G TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: Adopt Resolution Amending the Policy for the Urban Village Storefront/Facade
Improvement Program to Change the Appellate Body from the Urban Design Commission
to the Community Development Council (COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution amending the policy for the
Urban Village Storefront/Facade Improvement Program to change the appellate body from the Urban
Design Commission to the Community Development Council.
DISCUSSION:
On February 12, 2013, the City Council approved Resolution No. 4181-02-2013 approving the
creation of an Urban Village Storefront/Fagade Improvement Program (Program) and adopting a
policy for the Program (M&C G-17804). The policy provides that appeals of denials of funding under
the Program be heard by the Urban Design Commission. However, Staff has been advised that the
Urban Design Commission should not serve as the appellate body for the Program because it is
already part of the design approval process and hearing appeals would conflict with its role under the
Zoning Ordinance. Since the Program is funded with Urban Development Action Grant funds, which
must be spent in a similar manner as Community Development Block Grant(CDBG)funds in CDBG-
eligible areas, Staff proposed that the Community Development Council (CDC) hear appeals under
the Program. Staffs proposal was based upon the CDC's familiarity with CDBG and other federal
requirements.
Staff made a presentation about the Program and its appeals process to the CDC at its April 10, 2013
meeting and the CDC agreed to hear appeals of denials of funding under the Program. Since the
CDC has agreed to serve as the appellate body for the Program, Staff recommends amending the
policy.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
http://apps.cfwnet.org/council_packet/me_review.asp?ID=18435&councildate=5/14/2013 05/19/2015
M&C Review Page 2 of 2
Leticia Rodriguez (7319)
ATTACHMENTS
AMEN DEDUVStroreFrontFacadePolicy2 7 13CG VG FINAL.pdf
STOREFRONT FACADE IMPROVEMENT PROGRAM POLICY 2013 RESOLUTION FINAL.doc
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18435&councildate=5/14/2013 05/19/2015
M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo
inWoRm
COUNCIL ACTION: Approved on 2/12/2013 -Ordinance No. 20610-02-2013 & Resolution No.4181-02-2013
DATE: 2/12/2013NOFERENCE**G-17804 NAME:LOG 17UDAGSTOREFRONTIMPROVEMENTPROGRAM
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Expenditure in the Amount of$300,000.00 in Urban Development Action Grant Program
Income for the Urban Village Store Front/Fagade Improvement Program,Adopt Appropriation
Ordinance and Resolution Adopting Program Policy(COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the expenditure in the amount of$300,000.00 of Urban Development Action Grant
program income for the Urban Village Storefront/Fagade Improvement Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of
the Grants Fund in the amount of$300,000.00 from available funds; and
3. Adopt the attached Resolution approving the creation of the Urban Village Storefront/Fagade
Improvement Program and adopting the attached Policy.
DISCUSSION:
On December 4,2012, Staff made a presentation to.the Housing and Economic Development
Committee regarding a proposed Urban Village Storefront/Fagade Improvement Program (Fagade
Improvement Program). The City does not have a program to assist with the improvement of
storefronts or fagades in targeted areas. This type of incentive program has been recommended by
consultants involved in the development of the Commercial Corridor and Urban Village
plans. However,funding has not been available.
Staff has identified the amount of$300,000.00 of Urban Development Action Grant(UDAG)program
income to use for this program. The UDAG program income funds are rental revenues received from
the lease for the City-owned parking garage under General Worth Square(City Secretary Contract
No. 11085 as amended and assigned). The construction of the parking garage, originally known as
the Radisson Parking Garage project,was funded with UDAG funds and rental revenues from the
lease are deemed"Grant Revenues"under the UDAG Grant Agreement(City Secretary Contract No.
10610). The Grant Revenues from what is now known as the Hilton Parking Garage project must be
used for projects that meet the requirements of the Community Development Block Grant(CDBG)
program and include private investment. Annual revenue from the parking garage is approximately
$100,000.00 and the project has a remaining balance of approximately$580,000.00.
The Fagade Improvement Program meets the UDAG economic development project eligibility
requirements. Staff recommends that City Council approve the creation of the Fagade Improvement
Program and approve the expenditure of UDAG funds for the program under the following
guidelines:
Program Guidelines:
• Project must be within an Urban Village and in a CDBG-eligible census block group(West 7th,
Berry-University and Magnolia Urban Villages are not eligible).
• Participation by the City shall be capped in the amount of$30,000.00 per building and the
private
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17867&councildate=2/12/2013 05/19/2015
!�&C Review Page 2 of 2
investment must be at least one-third the City investment($3 private for every$1 public).
• Eligible expenditures are only for store front or facade improvements that will improve the
aesthetics of the building.
• City funding will be on a reimbursement basis once the project is completed.
• Staff will administratively approve applications for proposed improvements.
• Appeals of Staffs denial of applications will be to the Urban Design Commission.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 442216 005206948000 $300,000.00 GR76 539120 017206948100 $300,000.00
GR76 539120 017206948100 $300,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Avis F. Chaisson (6342)
ATTACHMENTS
17UDAGSTOREFRONTIMPROVEMENTPROGRAM A013.doc
DraftUVStroreFrontFacadePo1icy2 7 13CG.pdf
Storefront Facade Improvement Program Policy 2013 Resolution VG(1).doc
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17 8 67&councildate=2/12/201 3 05/19/2015