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HomeMy WebLinkAboutContract 22581 STATE OF TEXAS COUNTY OF TARRANT 4 AMENDMENT TO CITY -SECRETARY 'CrONTRACT NO. 18523 BETWEEN CITY OF FORT WORTH AND THE FORT WORTH CONVENTION AND VlS170RS BUREAU This Agreemearti is made and entered into by and between the City of Fort Worth, a MrUnicipal corporation (City), -acting by and through its (�uly authorized City Manager, Bob Terrell, and the Fort Worth Convention and Visitors Bureau(Bureau), acting horein by and through Douglas Harman, its dully authorized President& C. ,O, W I T N E S S ET H: WHEREAS, the Blackstone Hotel has been vacant for over 10 years, generates no hotel occupancy ' x revenues, and in its current deteriorated condition detrimental to the goal of attracting visi,ors, conventioneers and tourists to the City's downtown-, a°Id WHEREAS, the City Council and t1he Landmark Commission have found that the Blackstone Hotel is a -significant historcaf resource and have designated it as a "Highly Significant Endang Bred" resource; and WHEREAS, the amity; County and Hospital District have approved tax exernption agreements to encourage restoration of the Blackstone; and WHEF 5, the Fort Worth Independent! School District decided not to participate in the fax e,- -ption process, creating a reed for extraordinary measures to save and restore the Blaokstone Hotel; atid WHEREAS, V,T.C.A. —axCode §351.1C,1(a)(5) authorizes a City`1Vo, use revenue derived from the hotea occupancy tax for histo,1c restoration and preservation projects or activities in the immediate vicinity of convention center facilities; and WHEREAS, the City Council has approved a Facilities and Maintenance Agreement with Blackstone Hotel Partners, L.P. (Owner,,, the prospective owner of the Blackstone property, by its adoption of M&C C-15 1' -tn February 25. 1997; and WHEREAS, under the Facilities and Maintenance Agreement the Owner is required, among other things, to restore and mainta=in the historic facade and interior of the hotal and convey a facade easernent to a nonprofit corporation, in return for which the City will pay to the Owner over a period of ten years an annuall amount equal to the lesser of 75% of the hotel occupancy tax generated' by the Bla--V�trne and collected by:tbe-Qjb(______ MUM - KNflel, M, {e vent for th fir3t annual payment in which the percenta g. is -10Mi`:��, or the amount of the incrernental ad valorem property tax due the Fort Woith 1'133D; for the correiFponding year; and WHEREAS, the first annual payment called for by the Agreement is in January 1999 and is based upon hotel occupancy tax revenues generated by and collected from the Blackstone in c-�-'endar years 1997 and 1998: and WHEREAS, the City's agreement with the Bureau provides for payment of certain hotel occupancy tax revenues to the Bureau in re um for services rendered. and said ,igreerrient runs through September 30, 1998, making it recessary to revise said agreement in order for the currently proposed Facilities and Maintenance Agreement to be funded by the City; NOW, THEREFORE,TINE CITY AND BUREAU AGREE AS FOOL OWS- I hat City Secretary Contract No, 118523 b:ittween the City anu the Bureau be and is hereby amended. by amending Section 3.1 thereof to ar.,,4 the following: "Notwithstandiog anything herein to the contrary, it is u1nderstood and agreed that any hotel occupancy tax revenue generated by and collected from the Blackstone Hotel during calendar years 1997 and 1998 shall be utilized by the City solely to fund the Facilitiei and lk.,laintenance Agreement concerning preservation, restoration, and maintenance of the Blackstone Hotel and related facilities." That the other provisions rf City Secretary Contract No. 18523 shall remain in full force and effect. EXECUTED ON THIS,THEa09A DAY OF 1997. 17 T: CITY OF FORT WORTH,TEXAS 1000 Throckmorton Street For', Worth, T�), 76102 By: City Secretary Robert Terrell City Manager ri 2 APPR,CV" - AS TO FORM AND LEGALITY: Assistant City Attol"li Date: --2 FOR WORTH CONVENTION AND VISITORS BUREAU 415 T-1rockmarion Street Fort Worth, 'rexas .76102 By: Doug Harman President and C.E.O. (,"Z�fy of Florf W(,)rtk Texas Mayor and Council CommunlIcation D 3,1 L_ PE 3 Ir FJ i SUBOTEX-T AIVIENDN',0 5T —10 CITY SECRr-7ARY CONTRACT NO, 1 3 ,42 W H FORT WORT CONVENTiO"N AND VISITORS BUREAU RECOMMENDAFION: n. K t�> iecufnmende;� ti hat the City C:iuncil autharize the City Manager to execute an amendme I to C=ty Secretary Contract No. 18523 with C'ne Fort Worth Convention and Visitors Bureau as discusse d below, V,T.C.A. Tax Code §351.101(a)(5) authorizes a City to use revenue derived from the hotel occupancy tax for historic restoration and preservation projects. On February 25, 1997, by its I adoption of M&C C-15915, the City Councii has .,pproved a Facilities and Maintenance I Agreement v-iiith Blackstone Hotel Partnera, L.P. (Owner), under which the Owner is required, -ig � -e historic facade and interior of the Blackstone am,�ii other things, to re-tare and maintain t1k Hotel end convey a facade easement t1r b nonprcfiit corporation. In return, the City will pay to the Owrier over a period of ter, years an annual arnount equal to the !esser of 75% of the hotel I occupancy tax generatr-L, by the Blackstone and collected by the City (except for the first annual payment in ojhich t'Oe percentage is 100%), or the arnount of the incremental ad valorem I property tax due t)e Fort Wor-Lh 1 "or the corresponding year. The City'P current agreement with the Convention, and Visitors Sureau provides for payment of certain hotel occupancy tax revenues to the Bureau in return for services rendered, and runs through September 30, 1998. Since the first annbal payment to the Owner under the Facilities and Maintenance Agreement is based t_jpon hotei occupancy tax revenues generated by and collected from the Blackstone in 1997 and 1998, a is necessary to revise the City's agreemen-, withr the Bureau in order to fund that payment. IFISICAL.,'INFO RMATIONXERTIFICATION: The Diremo-of Fiscal Services certifies that execution of the contract amendment will not require tihe 2,<.-:.­:?nditure of City funds. Subraitted fpr C tF Mainag,! "5 FUND AcCoUNT C7NTER AN,10UNT C!N SECRFTARV offike hy: i "t") Charles P-Swell y5t i APPROVED 0,ipmofing Depart-nen!Head-, 'IT OUN kade Adkwi For Adfational Information ORY r�f th# ortod on�_,,4,cyacd Plwe,