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Home My WebLink AboutContract 47067-A1 EI �,,n.3,��1IRA%70'T , - Vr, FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47067 WHEREAS, on October 1, 2015 the City of Fort Worth("City") and Larch Hills Southside FW, LLC("Developer") made and entered into City Secretary Contract No. 47067 (the "Contract"), as authorized by the City Council in M&C G-17804 and G-17892 which provided City UDAG funds for the purpose of the Urban Village Storefront/Facade Improvement Program (Facade 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 Facade Improvement Program for the construction of facade improvements to a building located at 200 East Broadway Avenue, under the terms and conditions set forth in the Contract; WHEREAS, Developer incurred delays due to additional permitting requirements from the City of Fort Worth for the development of the project that were not previously explained in the pre development conference; 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 2. DEFINITIONS is amended to be and read as follows: Completion Deadline means November 30, 2016 for the completion of the project. II. Section 3. TERM is amended to be and read as follows: Term means this Agreement will terminate on November 30, 2016, subject to the provisions of the original Agreement. III. This Amendment is effective as of the Effective Date of the Contract. IV. All other terms and conditions of City Secretary Contract No. 47067 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. --- OFFICIAL RECORD CONTRACT AMENDMENT 1 to CSC No. 47067 CITY SECRETARY Page 1 Larch Hills Southside FW, LLC—200 Broadway FT. WORTH, TX Rev. 08/2016 ACCEPTED AND AG •F 04— K ATTEST: O CITY OF FORT WORTH IW2 C)ST I Q i m — �y By: rty Se e7-5�1kr7-,= �► * Fernando Costa, Assistant City Manager M&C G-17804 Date'? �$ M&C G-17892 Date: Ma 013 APPROVED AS TO FORM AND LEGALITY: Vicki Ganske, Sr. Assistant City Attorney LHS 200 BROADWA LC a Texas U iab• ' corporation By: Jesse ager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CONTRACT AMENDMENT 1 to CSC No. 47067 Page 2 Larch Hills Southside FW, LLC—200 Broadway Rev. 08/2016 'M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FRT7EI CITY C®UNCIL AGENDA - 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 NON- PUBLIC CODE: G TYPE: 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/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) `M&C Review Page 2 of 2 Leticia Rodriguez (7319) ATTACHMENTS AMENDEDUVStroreFrontFacadePolicy2 7 13CG VG FINAL.pdf STOREFRONT FACADE I "PROVEMENT PROGRAM POLICY 2013 RESOLUTION FJf JAL. doc ,_.a.__.//_._�.. _F._.._�+ ��._�...........:. ........�„+�...,.,. ..,....,..., ,.--')TTl-1 Qn2 c P.,,,,,,.-,,.;1,7.,+o—vt n/1l011 (),Z/1 OY)n1 c M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT�TI COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013 DATE: 2/12/2013 REFERENCE,F,FG-17804 LOG 17UDAGSTOREFRONTIMPROVEMENTPROGRAM NO.: NAME: 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 i r M&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 r r r r •t t .i nTr� t n n�n t: .. _ t i_, _— n n inn I•t Ac/In inn t c