HomeMy WebLinkAboutIR 9958 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9958
To the Mayor and Members of the City Council November 8, 2016
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*a SUBJECT: AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM
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AGREEMENT WITH CLEARFORK DEVELOPMENT COMPANY, LLC
TO EXTEND THE COMPLETION DEADLINE FOR THE FIRST PHASE
On February 18, 2014 (M&C C-26672), the City Council authorized execution of an Economic
Development Program Agreement (Agreement) with Clearfork Development Company, LLC, or
an affiliate, related to Clearfork, a mixed-use project to be constructed near the southwest
intersection of West Vickery Boulevard and South Hulen Street due south of Chisholm Trail
Parkway. The planned development was to be constructed in two phases, with the first phase to
be completed by December 31 , 2016.
This Agreement was executed as City Secretary Contract 45586, and was later amended (45586-
A1) to provide for a clarification in terminology from "certificate of occupancy for shell building
space" to "certificate of completion for shell building space" to confirm that the Agreement
reflected current practice for issuance by the Planning and Development Department.
The Agreement provides that deadlines established by the Agreement may be extended on
account of events that cause delays and that are not the fault of the performing party (identified in
the Agreement as events of force majeure). On October 17, 2016, the Developer notified the City
by letter of a request for a 60 day extension as a result of inclement weather in the form of rain
which occurred during the early stages of the project from April 2015 through December 2015.
Per the Developer, most site and utility work occurred during this time, and the extraordinary
amounts of rainfall during this period made the site difficult to access and manage for grading,
utility work, and paving. The Developer provided City staff with weather documentation to
substantiate the amount and number of days with precipitation during that time.
In order to provide clarity to the rights of both the City and the developer, City staff recommends
that the Agreement be amended to change the completion deadline for the first phase of the
development from December 31 , 2016 to March 1 , 2017 All remaining deadlines for future
phases of the project will remain in place.
Staff will place an M&C for City Council consideration on the November 15, 2016 agenda.
If you have any questions concerning this information, please contact Robert Sturns, Economic
Development Director at 817-212-2663 or robert.sturns@fortworthtexas.gov.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS