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HomeMy WebLinkAboutContract 43199-A2 (2)CITY SECRRTAMV CONTRACT IMO. AMENDMTEN T NO. 2 TO CITY SECRETARY CONTRACT NO. 43199 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH SPOON INDUSTRIES, INC. This AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 43199 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipality organized under the laws of the State of Texas, and SPOON INDUSTRIES, INC. ("Developer"), a Texas corporation. RECITALS The City and Developer hereby agree that the following statements are true and correct and constitute the basis upon which the City and Developer have entered into this Amendment: A. The City Developer previously entered into that certain Economic Development Program Agreement, a public document on file in the City Secretary's Office as City Secretary Contract No. 43199, as previously amended by City Secretary Contract No. 43199-A I (collectively, the "Agreement"). B. The Agreement provides for Developer to expend at least $1,500,000.00 in Construction Costs for the redevelopment of certain real property in the City at the intersection of Allen Avenue and the Interstate 3 5 W frontage road (the "Land"), specifically including (i) the removal of existing underground fuel tanks and environmental remediation of the Land; (ii) construction of a new convenience store, approximately 4,600 square feet in size, that includes a Jumburrito restaurant and a five (5)-bay self-service Shell gas station; and (iii) at Developer's election, construction of Enhanced Parkway Improvements, all as more specifically set forth in the Agreement. Developer agreed to complete these improvements by December 31, 2014. In return, the City agreed to pay Developer an economic development program grant not to exceed the lesser of (i) the actual cost of the removal of the existing underground fuel tanks and environmental remediation of the Land or (ii) $175,000.00. C. Due to unexpected delays in developing the Land due to the need for abandonment of existing alleys and relocation of existing utilities that are in conflict with the project's Improvements, Developer has requested that the Agreement be amended to extend the Completion Deadline for all required improvements from December 31, 2014 to December 31, 2015. The City is willing to consent to this request solely in accordance with the terms and conditions of this Amendment. Page 1 Amendment No. 2 to Economic Development Program Agreement — Revised 02/03/15 between City of Fort Worth and Spoon Industries, Inc. OFFICIAL RECORD ZITM SECRETARY FT. WORTH, TX D. The plan for a Jumburrito restaurant has been replaced by different restaurants of comparable quality, necessitating an Amendment to remove the brand name from the Agreement. 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 City and Developer agree as follows: AGREEMENT 1. Recitals Part B(ii) is hereby replaced with the following: 11. construct, finish out, and complete a new convenience store, approximately 4,600 square feet in size, that includes a restaurant and a five (5)-bay self service gas station; and 2. Section 2 (Definitions) is hereby amended to change the definitions of the following term: Completion Deadline means December 31, 2015. 3. All capitalized terms used but not defined in this Amendment shall have the meanings ascribed to them in the Agreement. 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. EXECUTED as of the last date indicated below: CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY: By: �� Fernando Costa Assistant City Manager Date: 9 22/,f Page 2 Amendment No. 2 to Economic Development Program Agreement — Revised 02/03/15 between City of Fort Worth and Spoon Industries, Inc. By: 7f1A,(1 1/ � Deputy City Attorney Peter Vaky M & C: C-27239 03 24 15 t OFFICIAL RECORD cry k9 C R ETARY i ! ATTEST: By: ry Kays City Secret; ry t--efr3/47.:,‘, Jacpst‘ SPOON INDUSTRIES, INC., a Texas corporation: By: Gary Wtherspoon President Date: / ��r%% STATE OF TEXAS § COUNTY OF TARRANT § kilo o ss of BEFORE ME, the undersigned authority, on this day personally appeared Gary Weatherspoon known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated. �GIVEN UNDER MY HAND AND SEAL OF OFFICE this y���r.�2� , 2015. Not.ry Public in and for the State of Texas • MATTIE L. SANDERS MY COMMISSION EXPIRES March 17, 2018 Page 3 Amendment No. 2 to Economic Development Program Agreement — Revised 02/03/15 between City of Fort Worth and Spoon Industries, Inc. /7 fAday of City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/24/2015 DATE: LOG NAME: 17NS AMENDNO.2COWTOWNMARKET—EDPA—CORRECT SUBJECT: Amend Mayor and Council Communication C-27104 to Authorize Execution of Amendment No. 2 to the Economic Development Program Agreement with Spoon Industries Inc. (City Secretary Contract No. 43199) to Clarify the Type of Improvements Required for Property Located at the Intersection of Interstate 35 Frontage Road and Allen Avenue (COUNCIL DISTRICT 8) • Tuesday, March 24, 2015 REFERENCE NO.: **C-27239 RECOMMENDATION: It is recommended that the City Council amend Mayor and Council Communication C-27104, which authorized execution of Amendment No. 2 to the Economic Development Program Agreement with Spoon Industries Inc. (City Secretary Contract No. 43199) for improvements to be constructed on property at the intersection of the Interstate 35 Frontage Road and Allen Avenue to remove specific branding requirements for the restaurant and gas station to be constructed. DISCUSSION: On May 17, 2011, the City Council authorized execution of an Economic Development Program Agreement (Agreement) with Spoon Industries Inc. (Developer) related to the development of a Shell Service Station and Jumburrito Restaurant called Cowtown Market at the intersection of Interstate 35 Frontage Road and Allen Avenue (City Secretary Contract No. 43199, M&C C-24914). On September 17, 2013, the City Council authorized Amendment No. 1 to the Agreement extend the completion deadline and reduce the minimum investment amount due to the inability to acquire an adjacent lot (M&C C-26442). On December 9, 2014, the City Council authorized Amendment No. 2 to the Agreement to extend the completion deadline for those improvements to December 31, 2015 in order to allow the Developer time to vacate alleys and relocate utilities to complete the project (M&C C-27104). The Developer's plans now call for construction of a Subway and a Krunchy Chicken instead of a Jumburrito Restaurant. Because Developer's obligations under the Agreement specifically require construction of a Jumburrito restaurant and a Shell Service Station, Staff proposes removing the brand names from the scope of the requirements to address this change The requirement for construction of a service station and restaurant space will remain intact. This project is located in COUNCIL DISTRICT 8, Mapsco 77P. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. CowtownMarktManUDAG.ndf Fernando Costa (6122) Cynthia Garcia (8187) Ana Alvarado (7536) Carol Griffith (6658)