HomeMy WebLinkAboutContract 31977 CITY 8ECRE iARY
CONTRACT NO. V )227
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, acting herein by(anted through its duly authorized
Building Official,hereinafter referred to as the "City"and �-D-
Acting by and through its duly authorized agent, OC SA
Hereinafter referred to as "Grantee".
WITNESSETH:
For and in consideration of the payment by Grantee of charges set out below and the true and
faithful performance of the mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy portion of the space under, on and/or
above the streets, alleys, sidewalks or other public rights-of-way as follows:
The location and description of said encroachment is more particularly described in Exhibit "B"
attached hereto,incorporated herein and made a part hereof for all purposes.
2.
All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under
this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City
and in accordance with the directions of the Building Official and the Director of Transportation
and Public Works of City.
71,
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1 J, 2r'FiUhi �4ai.o
CONSENT AGREEMENTfor Temporary use of public property ®"
3.
Upon expiration of this agreement and the privileges granted hereunder, there shall be no
encroachment by Grantee in,under, on or above the surface of the public rights-of-way involved.
4.
Grantee agrees to pay in advance an encroachment fee for the temporary privilege of
encroaching upon a portion of the public rights-of-way as described in Exhibit `B". Said fee is
calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
for temporary use or occupancy of public property. The estimated total amount of s/jid fee is:
l lj -7co q2
5.
Grantee, at no expense to City, shall make proper provision for the relocation and/or
installation of any existing or future traffic control devises or other improvements affected by
such encroachment, use and occupancy, including the securing of approval and consent from the
appropriate agencies of the State and its political subdivisions. In the event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
owned or constructed by or on behalf of the public or at public expense is made more costly by
virtue of the existence of such encroachment and use, Grantee shall pay to City and additional
amount equal to such additional cost as determined by City.
6. j
The term of this agreement shall be forts days, from `7 271x5 to 0 -1--6 (.0
Provided, however, should the need for the encroachments granted hereunder at any time cease,
Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by
the Building Official of the City of Fort Worth,this agreement shall terminate.
7.
It is expressly understood and agreed that this Consent Agreement is for a temporary
encroachment in, under, over and upon the public property as located and described in Exhibit
CONSENT AGREEMENTfor Temporary use of publicrope1� a; r^7
"B". This agreement shall not be construed as the granting of a permanent easement,
encroachment or license upon City's public streets, alleys, sidewalks, or other rights-of-way.
8.
City, through its duly authorized representatives, shall have the full and unrestricted right to
enter upon all public rights-of-way for the purpose of making inspections to determine
compliance with the terms, covenants and conditions herein. In the event that any inspection
should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee
notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24)
hours of receipt of the notice, or within such shorter period of time as deemed necessary by the
Building Official for the protection of public health or safety, City may terminate and cancel this
agreement.
9.
Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at
no expense to City, restore the public rights-of-way and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public Works or his duly authorized
representative and in accordance with then existing City specifications, and Grantee shall remove
all barricades, equipment, supplies, materials or other property from said location. Grantee
further covenants and agrees that for a period of one(1)year after the termination of this Consent
Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other
rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or
other rights-of-way, as determined by the Director of Transportation and Public Works or his
designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from
the Director of Transportation and Public Works or his designee. All repairs shall be performed
in an expeditious and workmanlike manner and shall comply with all applicable laws, codes,
ordinances and City specifications.
In the event that Grantee fails to comply with the covenants herein contained with respect to
such removal or restoration, the City shall have the right to remove or dispose of any barricades,
equipment, supplies, materials or other property and repair any conditions which in the opinion of
the City are necessary to bring the public rights-of-way to the condition prescribed herein, and
City shall not be responsible for trespass or any other damage or liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal
and/or repairs immediately following billing for same by City.
3
CONSENT AGREEMENTfor Temporary use of public property
Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued
encroachment upon the public rights-of-way following termination of this Consent Agreement.
10.
It is further understood and agreed between the parties hereto that City holds the city streets,
alleys, sidewalks and other public rights-of-way, including the portions of such streets used and
encroached upon as described herein, as trustee for the public; that City exercises such powers
over the streets as have been delegated to it by the Constitution of the State of Texas or by the
Legislature; and the City cannot contract away its duty and its legislative power to control the
streets for the use and benefit of the public. It is accordingly agreed that if the governing body of
City, to wit, its City Council, shall at any time during the term hereof determine in its sole
discretion to use or cause or permit to be used for any public purpose the said encroached portion
of the streets,then this agreement_shall be automatically canceled and terminated.
11.
Grantee agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance
of said encroachments and uses.
12.
Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this
agreement or by any federal, state or local statue, law or regulation.
13.
Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder
as an independent contractor, and not as an officer, agent, servant or employee of City; that
Grantee shall have exclusive control of and the exclusive right to control the details of its
operations and activities on said described public property and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall
not apply as between City and Grantee, its officers, agents, servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee. - — -
4
CONSENT AGREEMENTfor Temporary use of pubU property
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND
USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS.
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate
holder, as proof that it has secured and paid for a policy of public liability insurance covering all
public risks related to the proposed use and occupancy of public property as located and
described in Exhibit`B". The amounts of such insurance shall be not less that the following:
Property damage,per occurrence $100,000.00
Bodily injury,per person $250,000.00
Bodily injury or death,per occurrence $500,000.00
With the understanding of and agreement by Grantee that such insurance amounts shall be revised
upward at City's option and that Grantee shall so revise such amount immediately following
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty(3 0) days' prior written notice to the Building Official
5
CONSENT AGREEMENTfor Temporary use of public property
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A".
Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary
date of the execution of this agreement.
Grantee, agrees,binds and obligates itself, it successors and assigns, to maintain and keep in
force such public liability insurance at all times during the term of this agreement and until the
removal of all encroachments and the cleaning and restoration of the city streets. All insurance
coverage required herein shall include coverage of all Grantee's contractors.
16.
Grantee covenants and agrees that it will not assign all or any of its rights,privileges or duties
under this contract without prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
17.
This agreement shall be binding upon the parties hereto, their successors and assigns.
18.
Should any action, whether real or asserted, at law or in equity, arise out of the terms and
conditions of this agreement or out of the use and occupancy of City property as permitted
hereunder,venue for said action shall be in Tarrant County, Texas.
19.
In any action brought by City for the enforcement of the obligations of Grantee, City shall be
entitled to recover interest and reasonable attorneys' fees.
EXECUTED this day of 32004.
GRANTOR: GRANTEE:
CITY OF FORT WORTH
4 -Ocrz�l
Building Official
Title
CONSENT AGREEMENTfor Temporary use of publig
APPRC DJTQO "AND LEGALITY:
As istan ity Attorney Date
City Secretary Date
04- 1 t-5r7
contract autho ization
Date —
7
CONSENT AGREEMENTfor Temporary use of u6liper#y.„ r.
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
Fohe State of Texas, on this day personally appeared
Nl� (--1-r-1 A ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the urposes and considion therein
expressed, as the act and deed of n 0(
and in the capacity therein stated
GIVEN UNDER W HAND AND SEAL OF OFFICE this day
of 20�.
Affiant
Title
Notary Public in and for
ANGELA ESTRADA The State of Texas
*®t Notary Public
STATE OF TEXAS
OF ` MYCOm.ExP.08/21/2007
8
�T11
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of T xas, �z this day personally appeared
, c/ ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to nae
that he/she executed the same for tl3f puapo es nd_considera 'on therein
expressed, as the act and deed of 1 ?,'-6 i' l�'
and in the capacity therein stated
{VEN U DER MY ANp SEAL OF OFFICE this l day
A sant
Title
Notary Public in and for
The State of Texas
Is
ANGELA ESTRADA
Notary public
STATE OF TEXAS
Y Comm. Exp.08/71/2007
9
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Building Permit Number:
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40ORP, CERTIFICATE OF LIABILITY INSURANCE 03/31/2005
DucER (972)771,-4071, FAX (972) -4695 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
& S Insurance Agency ONLY AND CONFERS NO M2IGHTS UPON THE CERTIFICATE
HOLDER.TH18 CERTIFICATE DOES NOT AMENO, f XTEND OR
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X Contractual Li ab YER$QNAL A AQV INJURY X 1,000,00
X Indepej1deni Ent GENERAL A13GHEGATE $ 2,000,000
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;CRIPTIOtJ OP P RATION91 LOCATIONS I VEHIOL15A I EXCIyUS1ONS 9Du�D BY ENDORSRIAF�IT/SPECIAL PROVISION
require Eby written contract, C11- of t-Prt Worth is named as additional insured on general
tbillty and auto liab'ility•policies.
crept 10 days for non-payment of pr+etiiium
TIFICATE HOLDER CANCELUTION
I
SHOULD ANY OF THE ABOVE DE615Rlat9D POLICIES BE CANCELLL-p VC17ORE THE
EXPIRATION DATE THEREOF,THE ISSt/INQ IIJAURER WILL ENDEAVOR 10 MAIL
!3_0 DAYS WRITTEN NOTICE TO THE OERTIRICATE HOLDER NAMED TO IHk LLf T,
City of Fort Worth BUT FAILURE TO MAIL SUCD NOTICE F.HAi L IMPOSE NO OBLIGATION QR LIABILITY
311 W. 10th Street OF ANY KIND UPON THE IN$VRER,ITS AGENTIS OR REPRESENTATIVES,
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Fort Worth,
TX 7$102 [Richard
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paiker-1 0TANE
ORD 23(20011013) FAX: (817)392-81,05 (DACORD CORPORATION 1986
Received Time Apr . 27 . 12 : 21PM
COUNCIL ACTION: Approved on 10/19/2004 - Ordinance No. 16182
DATE: 10/19/2004 REFERENCE C-20354 LOG NAME: 17PHOENIXTA
NO..
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: Public Hearing and Ordinance Designating Neighborhood Empowerment Reinvestment
Zone No. 21 and Tax Abatement Agreement with Phoenix Property, Inc. and Related
Findings of Fact by the City Council Regarding Construction of Mixed-Use Project by
Phoenix Property, Inc. within the Berry/.University Neighborhood Empowerment Zone
5.
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of approximately 3.06 acres of land as described
in Exhibit "A" (the Land) as Neighborhood Empowerment Reinvestment Zone (NEZ Reinvestment
Zone)Number Twenty-one, City of Fort Worth, Texas; and
2. Adopt the attached ordinance designating the Land as NEZ Reinvestment Zone Number Twenty-
one, City of Fort Worth, Texas pursuant to the Texas Property Redevelopment and Tax Abatement Act,
Tax Code, Chapter 312; and
3. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with
Phoenix Property, Inc. are true and correct; and
4. Authorize the City Manager to enter into the attached Tax Abatement Agreement with Phoenix
Property, Inc. for the property listed on Exhibit "A" in accordance with the NEZ Tax Abatement Policy
and NEZ Basic Incentives, as amended (the NEZ Policy).
DISCUSSION:
REINVESTMENT ZONE
One of the incentives a municipality can provide in a NEZ, according to Chapter 378 of the Texas Loca:
Government Code, is an abatement of municipal property taxes for properties in the NEZ. It is
recommended that the subject property, located in Council District 9 and described in Exhibit "A", be
removed from NEZ Reinvestment Zone No. 13 and instead be designated as NEZ Reinvestment Zone
No. 21, so that the City can enter into a 10-year tax abatement agreement which, under the guidelines
set forth in the NEZ Policy, are subject to terms and conditions specific to the project. Phoenix
Properties, Inc. is considering construction of two mixed-use buildings to include residential, retail and
parking on this site.
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of the Zone. Notice of this hearing was (1) delivered to the governing body of each affected
taxing unit, and(2)published in a newspaper of general circulation at least seven days prior to this
hearing.
The area encompassing the proposed Zone meets the statutory criteria for designation as a tax
abatement reinvestment zone set forth in Chapter 312 of the Texas Tax Code in that the --
reasonably likely, as a result of the designation, to contribute to the retention or expansion jQp, ` a �.
y
employment or to attract major investment in the Zone that would be a benefit to the propc rty ���1l
VIP,
would contribute to the economic development of the City. Further, the improvements sought in the
Zone are feasible,practical and would be a benefit to the land to be included in the Zone and to the City
after any tax abatement agreements which may be entered into have expired.
The proposed NEZ Reinvestment Zone No. 21 will expire after five years and may be renewed for
periods not to exceed five years.
TAX ABATEMENT TERMS
The real property is located in Berry/University NEZ. Phoenix Property, Inc., has applied for a ten-year
municipal real property tax abatement on the improvements to be constructed on the Land only (and not
the Land itself) under the NEZ Policy for a mixed-use residential and retail project. The Housing
Department,has reviewed the application and certified that the property meets the eligibility criteria to
receive NEZ municipal property tax abatement. The NEZ Basic Incentive allows for a ten-year
municipal real property tax abatement on the increased value of improvements to the qualified owner of
any new construction within the NEZ.
Under the proposed Tax Abatement Agreement, Phoenix Property, Inc. (the Developer) has committed
to (i) invest$46,000,000 in real property improvements; (ii) invest$1,000,000 in personal property
investments; and(iii) construct two (2)mixed-use buildings consisting of 245 units of housing, 31,000
square feet of ground-floor retail, and an eight-story 580-space structured parking garage by August 31,
2007 (the Completion Date).
In return for the redevelopment of the property, the City will abate up to 100% of the Developer's
incremental real property taxes attributable to improvements constructed on the Land but not the Land
itself. This abatement will be for up to ten (10) years. The City will provide a five (5) year tax
abatement for years 1 through 5 in accordance with the"Basic Incentives" under the NEZ Policy. The
total amount of the tax abatement paid over the term of the agreement shall not exceed a gross
aggregate cap of$4,471,955, subject to the Developer's right to a 100% tax abatement in years 1-5,
regardless of the value.
In order to obtain the maximum benefit under the agreement after year 5, the Developer will be required
to (i) have spent not less than the greater of$7,060,000 in construction hard costs or twenty percent
(20%) of its construction costs, with Fort Worth companies; (ii) have spent not less than the greater of
$5,295,000 in construction hard costs or fifteen percent(15%) of its construction costs on Fort Worth
Certified MWBE companies. The Developer has also committed to spend the greater of$150,000 per
year or sixty percent(60%) of its annual costs for supplies and services with Fort Worth companies and
the greater of$50,000 or twenty percent(20%) of its annual costs for service and supply contracts with
Fort Worth certified M/WBE companies. Additionally, the Developer commits to hire at least six(6)
individuals in full-time jobs on the Land, at least four(4) Fort Worth residents or sixty seven percent
(67%) of the total number of full time jobs, whichever is greater, and at least two (2) Fort Worth Centra:
City residents or thirty three percent (33%) of the total number of full time jobs, whichever is greater,
on the site as of August 31, 2007.
The actual amount of the abatement will depend upon the extent of how the Developer meets its
construction and construction spending commitments as outlined above and as allocated as follows:
An amount equal to 60% if the Developer substantially completes at least $46,000,000 in real
property improvements and $1,000,000 in personal property on the site by August 31, 2007. Failure to
meet this commitment will constitute an event of default;
An amount equal to 25% if the Developer spends at least 20% of its construction costs r
7,060,000 in construction hard costs, whichever is greater, with Fort Worth companies. Sh uta'
rV�ll�� VI��11���I''1}r^•
•nn c �
Developer not achieve this commitment, the value of the abatement will be reduced pursuant to a
formula based on the degree by which the Developer failed to achieve the commitment.
An amount equal to 15% if the Developer spends at least 15% of its construction costs or
$5,295,000 in construction hard costs, whichever is greater, with Fort Worth Certified M/WBE
companies. Should the Developer not achieve this commitment,the value of the abatement will be
reduced pursuant to a formula based on the degree by which the Developer failed to achieve the
commitment.
If the Developer does not meet its service and supply spending commitment for Fort Worth Companies
and Fort Worth Certified MWBE companies in any given year, the value of the tax abatement for the
following year will be reduced by an amount equal the number of dollars by which the Developer failed
to meet the'commitments. If the Developer fails to meet its employment commitments the value of the
abatement for the following year will be reduced by $10,000 for each employee by whom the Developer
failed to meet such commitments.
The Developer is also requesting City participation in paying for the incremental increase in enhanced
pedestrian improvements bounding the property in accordance with the Berry Street Streetscape
Initiative design standards not to exceed$305,100. Should the City's T/PW Department determine these
improvements can occur in the future without damaging any near term enhanced streetscape
improvements along Berry Street fronting the property, then the City would participate in an Enhanced
CFA at a future date for the incremental cost of upgrading the public streetscape and pedestrian areas
under certain conditions. Additionally, the Developer is also requestin the City waive up to $347,600
in temporary encroachment fees for the project t at wi e requested ata future ate.
This project is consistent with the City's goals to encourage) redevelopment of the Central City, the
Berry Street Initiative Strategic Plan and the Comprehensive Plan. The project qualifies for tax
abatement under the City's Neighborhood Empowerment Zone Incentive Policy for qualified mixed-use
projects in the Central City. This Tax Abatement Agreement is authorized by Chapter 312 of the Texas
Tax Code.
5'•
The proposed Project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies.that this action will require no direct expenditure from the currently held
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Dale Fisseler (Acting) (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Christine Maguire(8187)
ATTACHMENTS
Ordinance No. 15815.pdf
Phoenix Property Tax Abatement.doc —'-------
City of Fort Worth.Transportation and Public Works Street Use Permit Page 1 of
r-1 tA
WO RT H CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 4/26/2005 PERMIT #70770 MAPSCO 76X D.O.E.# Building Permit# PC05-00005
(if applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.GREENE ST 3000-3100 W BOWIE ST W BERRY ST 4/27/2005 4/1/2006 24HRS 24HRS 24HRS
2.WAITS ST 3000-3100 W BOWIE ST W BERRY ST 4/27/2005 4/1/2006 24HRS 24HRS 24HRS
TYPE OF WORK TO BE PERFORMED:Other-Fee
A MINIMUM OF 20'OF USEABLE TRAVEL LANES REQUIRED AT ALL TIMES THROUGH DURATION OF PROJECT.PAVING
AREA ENCOMPASSED BY FENCE TO BE UTILIZED FOR MATERIAL DELIVERY ONLY.AT NO TIME SHALL THIS SPACE BE
UTILIZED FOR PARKING OF VEHICLES WITHOUT SPECIAL WRITTEN PERMISSION FROM THE CITY.IN SPECIAL CASES,THE
CITY MAY REQUIRED THAT THE FENCE BE REMOVED AND THE ENTIRE STREET OPEN.PERMIT HOLDER REQUIRED TO
MAINTAIN THE 24"NO PARKING"SIGNS ON FENCE AND OBTAIN NECESSARY REPLACEMENTS.
THIS PERMIT IS GRANTED TO THE CONTRACTOR/APPLICANT UNDER THE FOLLOWING CONDITIONS:
• CONTRACTORIAPPLICANT IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK
SITE OR EVENT AT ALL TIMES.
• THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
• ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S "STANDARD
SPECIFICATIONS FOR STREETS AND STORM DRAIN CONSTRUCTION MANUAL".
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED
TRAFFIC CONTROL PLAN (TCP) SUCH AS SIGNS, STANDARD TYPE I BARRICADES SAFEGUARD THE
PROPERTIES AND PUBLIC.
• CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES.
• ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY, INCLUDING UNDERGROUND FACILITIES,AND FOR ALL
PERSONAL INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
• A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN
EMERGENCY SHALL BE PROVIDED.
• THIS PERMIT DOES NOT RELIEVE THE CONTRACTOR FROM OBTAINING NECESSARY PERMITS FROM COUNTY
AND STATE ENTITIES WHERE WORK IS ENCROACHING INTO THEIR RIGHT-OF-WAY.
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE
CONTRACTOR'S LICENSE. / //,, /
C.D.HENDERSON CONSTRUCTION SERVICES AARON LONG L `t a6 ��
CONTRACTORIAPPLICANT CFW CONTACT
EMERGENCY CONTACT NAME DEREK DEEKARD
24-HOUR PHONE 972-272-5466 MOBILE 214-437-9385 PGR#214-837-0708 FAX#972-494-9109
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
(817)392-6594 FAX(817)392-8941
/ O/
http://tpwpennit.cfwnet.org/popup_pennit.asp?pennit_id=70770 04/26/200`
City of Fort Worth Transportation and Public Works Payment Receipt Page 1 of
i OF r Wowri`i TRANSPORTATION AND PUBLIC WORKS RECEIPT FOR PAYMENT 311 WEST 10TH STREET
FORT WORTH,TX 76102
PH:817-392-6594 F:817-392-8941
PAYMENT ID 5980 APPLICANT C.D.HENDERSON DATE 04/26/2005
CONSTRUCTION SERVICES
PAYMENT Check PAYMENT $50.00 Payment is Verified
METHOD AMOUNT
PERMIT: 70770 DATE: 04/26/2005 TYPE: Other-Fee LOCATION: 3000-3100 GREENE
ID FEE TYPE FEE AMOUNT AMOUNT APPLIED
14404 Permit $50.00 $50.00
http://tpwpennit.cfwnet.org/popup_receipt.asp?pid=5980 04/26/200
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/2/2004
DATE: Tuesday, November 02, 2004
LOG NAME: 17PHOENIXFEE REFERENCE NO.: G-14570
SUBJECT:
Waiver of Temporary Encroachment Fee for the West Berry Place Mixed-Use Development at the
Northeast Corner of West Berry Street and Green Avenue
RECOMMENDATION:
It is recommended that the City Council waive temporary encroachment fees for the use of public sidewalks
and public streets along West Berry Street, Waits Street, Greene Street and Bowie Street.
DISCUSSION:
Phoenix Property, Inc. (the Developer) has committed to developing a mixed-use retail and residential
development that would require the (i) investment of $46,000,000 in real property improvements; (ii)
investment of $1,000,000 in personal property investments; and (iii) construction of two (2) mixed-use
buildings consisting of 245 units of housing, 31,000 square feet of ground-floor retail and an eight-story 580-
space structured parking garage by August 31, 2007. In return for the redevelopment of the property, the
Developer is requesting an incentive package outlined in M&C C-20354, approved by City Council on
October 19, 2004, that includes the waiver of temporary encroachment fees.
In accordance with City ordinance, the City collects fees for use of public property for the exclusive use by
another party. The rate is $0.01 per square foot, per day, for sidewalk areas and $0.02 per square foot, per
day, for street closures. Based on eleven months reported for FY 2003-2004, a total of $38,907 was
collected for temporary encroachment fees. The amount budgeted for this type of fee for FY 2005 is
$37,291.
The West Berry Place Mixed-Use Development will require the use of sidewalk and public right-of-way for
the area bounded by West Berry Street, Waits Street, Greene Street and Bowie Street to construct the
project. At the conclusion of construction, the sidewalk and public right-of-way area will be restored to pre-
construction or better condition. It is estimated that the value of the fee waiver is $347,600.
The City Council should make two findings prior to approval of a fee waiver. Those findings are:
. That the waiver carries out a public purpose; and
. That there are sufficient controls to ensure that the public purpose is carried out.
This project is consistent with the City's goals to encourage redevelopment of the Central City, the Berry
Street Initiative Strategic Plan and the Comprehensive Plan. In addition, the project provides the added
public benefit of generating economic development and increasing employment opportunities in the City.
This agreement stipulated in M&C C-20354 provides sufficient control to ensure that the public purpose is
carried out.
The development is located in the Berry/University Urban Village, Berry/University Neighborhood
Empowerment Zone and along the West Berry Street commercial corridor in Council District 9.
Logname: 17PHOENIXFEE Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will require not direct expenditure of City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b Dale Fisseler (Acting) (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Christine Maguire (8187)
Logname: 17PHOENIXFEE Page 2 of 2