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HomeMy WebLinkAboutContract 36694-A3 CIT Y SECRETR �%ONTRACT NO. AMENDMENT NO. 3 TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This AMENDMENT NO. 3 TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("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 TEXAS WESLEYAN UNIVERSITY (the "University"), a Texas non- profit corporation. RECITALS The City and the University hereby agree that the following statements are true and correct and constitute the basis upon which the City and the University have entered into this Amendment: A. The City and the University previously entered into that certain Economic Development Program Agreement dated as of March 3, 2008, as amended by that certain Amendment No. 1 to Economic Development Program Agreement dated as of August 22, 2008 and that certain Amendment No. 2 to Economic Development Agreement effective as of September 8, 2008 (collectively, the "Agreement") pursuant to which the City agreed to pay certain economic development Program Grants authorized by Chapter 380 of the Texas Local Government Code to the University in return for the renovation by the University of specific buildings in the 3000 and 3100 block of East Rosedale (more specifically defined in the Agreement as the "Land"), plus related spending commitments and employment goals of the University. The Agreement is a public document on file in the City Secretary's Office as City Secretary Contract Nos. 36694, 37473, and 37684. B. The Agreement provides that the University will facilitate the completion of certain fagade and storefront improvements associated with Parcels B, C, D, F, G, and I of the Land, as more specifically set forth in the Agreement. Section 5.3 of the Agreement further provides that if certain milestones associated with such improvements have not been met by the Completion Deadline, the City may still pay the University a Program Grant pursuant to such Section 5.3 provided that the University then deposits $15,000.00 into an escrow account of the City, which funds may be released to the University if the University submits to the Director of the City's Housing and Economic Development Department a final certificate of occupancy for at least 2,500 square feet of space for use as the University's bookstore (or another use approved by the Director) by January 15, 2009. Otherwise, the City will retain all funds in the escrow account. OFFICIAL RECORD CITY SECRETARY' i Page 1 FT WORTH r b Amendment No.3 to Economic Development Program Agreement between City of Fort Worth and Texas Wesleyan University 02-24-09 P12: 17 IN C. Due to unforeseen delays beyond the University's control in completing the space to be used as the University's bookstore, the City and the University wish to amend the Agreement to extend the amount of time that the University has to submit to the Director a final certificate of occupancy for at least 2,500 square feet of such space in order for funds in the escrow account described in Recital B above to be released to the University and not retained by the City. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the City and University agree as follows: 1. The last sentence of Section 5.3 of the Agreement is hereby amended to read as follows: Notwithstanding anything to the contrary herein, if by the Completion Deadline, (i) a temporary certificate of occupancy for at least 2,500 square feet of space for use as the University's bookstore (or another use that the Director has approved in writing in accordance with Section 4.1.1) within the building located on Parcel B has not been issued, or(ii) Complete Documentation with respect to all EDI Grant Improvements specified in Exhibit"B-2-1 that are associated with that portion of the Land identified in Exhibit "A" as Parcel B has not been submitted to the Director, or (iii) a written statement signed by an authorized representative of the University that the tenant finish-outs in the building located on Parcel B are acceptable to the University, then contemporaneously upon receipt of the Program Grant payable by the City in accordance with this Section 5.3, the University shall deposit $15,000.00 into an escrow account of the City pursuant to and in accordance with an Escrow/Pledge Agreement substantially in the same form as that attached hereto as Exhibit "F", which Escrow/Pledge Agreement shall provide that the escrow agent shall release all escrowed funds to (a) the University, if the University provides copies of a final (and not temporary) certificate or certificates of occupancy for at least 2,500 square feet of space for use as the University's bookstore (or another use that the Director has approved in writing in accordance with Section 4.1.1) within the building located on Parcel B to both the Director and the escrow agent on or before February 28, 2009, or (b) the City, if the University fails to provide copies of such final certificate(s) of occupancy to the Director and the escrow agent by February 28, 2009, in which case the University shall waive any claim to such funds. 2. This Amendment shall be effective as of January 1, 2009. 3. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. Page 2 Amendment No.3 to Economic Development Program Agreement between City of Fort Worth and Texas Wesleyan University i 4. All terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment are hereby ratified and shall remain in full force and effect. EXECUTED as of the last date indicated below, to be effective as of January 1, 2009: CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY: By: L By: Tom Higgins Peter Vaky •Assistant City Manager Assistant City Attorney Date: 2 9 M& C: none required ATTES . By: ,,[��� Secretary TEXAS WESLEYAN UNIVERSITY: B Y W.A. Bleibdrey Senior Vice President ma dministration Date: ATTEST: By: OFFICiA►. RECORD t Y CITY SECRETARY i �FT'.WORTH,TY Page 3 Amendment No.3 to Economic Development Program Agreement between City of Fort Worth and Texas Wesleyan University