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
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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)