Loading...
HomeMy WebLinkAboutContract 47066 (2)It = ic a`qj [[['®RY /Slek CONTRACT WO. t . FACADE IMPROVEMENT PROGRAM REIMBURSEMENT AGREEMENT This FACADE IMPROVEMENT PROGRAM REIMBURSEMENT AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipality organized under the laws of the State of Texas, and Eastwynn LLC ("Developer"), a Texas Limited Liability Company. City and Developer may be referred to individually as a "Party" and jointly as the "Parties". RECITALS City and Developer hereby agree that the following statements are true and correct and constitute the basis upon which City and Developer have entered into this Agreement: A. On or about September 7, 1979 the City entered into that certain Urban Development Action Grant Agreement with the United States Department of Housing and Urban Development Grant ("UDAG") No. B-79-AA-48-0013 for use in acquiring land and constructing a parking garage located under General Worth Park in downtown Fort Worth (City Secretary Contract No. 10610) (the "UDAG Grant Agreement"), as more specifically set forth in the UDAG Grant Agreement. The City has leased this parking garage under that certain Lease Agreement (Parking Garage Lease) dated on or about May 22, 1980 by and between City and Hunt Hotel/Fort Worth, Ltd. (City Secretary Contract No. 11085, as amended and assigned). Rental revenues from this lease are deemed "Grant Revenues" under the UDAG Grant Agreement (the "UDAG Grant Fund Proceeds"). The UDAG Grant Agreement allows the City to use the UDAG Grant Fund Proceeds for community or economic development activities eligible for assistance under Title I of the Housing and Community Development Act of 1974, Pub. L. No. 93 -3 83, as amended (the "Act"). B. The purpose of the Urban Village Storefront/Facade Improvement Program ("Facade Improvement Program") is to encourage local businesses to improve storefronts/facades in eligible areas, and to promote commercial revitalization and economic development. The Facade Improvement Program is funded with revenues generated from the City -owned parking garage located under General Worth Square originally funded with Urban Development Action Grant ("UDAG") funds. The Facade Improvement Program provides $1.00 for every $3.00 spent up to $30,000.00. Developer owns or is authorized to undertake the facade improvements to a building located on certain real property in the City commonly described as 600 W. Berry Street, Fort Worth TX 76110. The building and the proposed facade improvements, along with other improvements, are described on the attached Exhibit "A", attached hereto and hereby made a part of this Agreement for all purposes (collectively the "project"). A rendering that identifies the proposed facade improvements to the building and the estimated cost of the improvements is set forth in Exhibit "B", attached hereto and hereby made a part of this Agreement for all purposes (the "Improvements"). Page 1 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX a NCO R C. The 2014 Comprehensive Plan, adopted by the City Council under Ordinance No. 21164-03-2014 (the `Comprehensive Plan"), recommends that the City focus on revitalization of the Central City, as defined in the Comprehensive Plan. The Comprehensive Plan specifies that one of the principal means of revitalization of the Central City will be the redevelopment of distressed commercial corridors, especially in the vicinity of urban villages which are highly urbanized places that have a concentration of jobs, housing units, commercial uses, public spaces, public transportation and pedestrian activity, and are typically located along priority commercial corridors. The project is located in the Hemphill/Berry Urban Village, which, in accordance with the Comprehensive Plan, the City Council has been selected as one of 10 areas in the City where revitalization efforts are most needed and where the use of public incentives can most sensibly be focused. D. The Improvements qualify as community or economic development activity eligible for assistance under Title I of the Act. The City Council has determined that activities such as the Improvements will benefit the City and constitute a positive step in revitalization of the Central City and the designated Urban Village, in particular. The City Council has also determined that, by entering into this Agreement, the potential economic benefits that will accrue to City under the terms and conditions of this Agreement are consistent with City's economic development objectives as set forth in the Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. INCORPORTION OF RECITALS. City and Developer hereby agree that the recitals set forth above are true and correct and form the basis upon which City and Developer have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms have the definitions ascribed to them herein• Act has the meaning ascribed to it in Recital A. Building means for funding purposes, a contiguous structure with shared walls, not including firewalls on which the Improvements will be made. Complete Documentation means a report or reports in a form reasonably acceptable to City that contains a summary of the costs expended for the Improvements covered by the report with the following supporting documentation: (i) copies of invoices for all completed work and other documents necessary to demonstrate that the amounts represented were actually paid, including, without limitation, final lien waivers signed by the general contractors or appropriate subcontractors; (ii) copies of all City permits issued for this work and City -issued "pass" inspections for this work; and (iii) any other documents or records reasonably necessary to verify costs spent for the Improvements or to otherwise comply with UDAG Regulations. Page 2 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 Completion Deadline means June 30, 2016. Comprehensive Plan has the meaning ascribed to it in Recital C. Developer means a legal entity/party that enters into a Facade Improvement Program Reimbursement Agreement with City to receive funds from the Facade Improvement Program. Director means the Director of the City's Neighborhood Services Department or authorized designee. Effective Date means the date City issues a building permit for the project. Eligible Improvements means any construction or aesthetic alteration made to the side of the Building parallel to the primary right-of-way and improvements to the interior wall of the Facade caused as a result of improvements to the Facade, as approved by City. Eligible improvements are limited to the following: signage attached to the Facade painting, siding, brick/stone/masonry glass, windows, doors, trim, awnings and structural improvements to the Facade or exterior lighting attached to the Facade. Facade means the portion of the Building parallel to the primary right-of-way as determined by City. Facade Improvement Program has the meaning ascribed to it in Recital B. Force Maieure means an event beyond a Party's control, including, without limitation, acts of God, fires strikes national disasters wars terrorism, riots, material or labor restrictions and, with respect to Developer, unreasonable delays by City in issuing any permits with respect to the Improvements or inspection of any of the Improvements (taking into account City's then -current workload with respect to the issuance of permits or the conducting of inspections), but does not include construction delays caused due to purely financial matters involving any entity, including but not limited to, Developer, such as without limitation, delays in the obtaining of adequate financing. HUD means the United States Department of Housing and Urban Development. Improvements has the meaning ascribed to it in Recital B and as further described in Exhibit "A". Owner means the owner of the real property on which the Building is located. Records means all financial and business records of Developer or provided to Developer that relate to the Improvements or that contain information necessary for the City to calculate or verify Developer's compliance with this Agreement. UDAG means Urban Development Action Grant and the grant program of the same name administered by HUD. UDAG Grant Agreement has the meaning ascribed to it in Recital A. Page 3 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 UDAG Grant Fund Proceeds has the meaning ascribed to it in Recital A. UDAG Regulations means the Act and all other laws rules, regulations, and contractual obligations pertaining to UDAG and the use of the UDAG Grant Fund Proceeds. 3. TERM. 3.1 This Agreement will commence on the Effective Date and terminate on June 30, 2016, subject to the provisions of Section 6 of this Agreement unless terminated earlier as provided herein. 3.2 This Agreement may be extended by the City in its sole discretion upon written request from the Developer. 4. DEVELOPER'S OBLIGATIONS. 4.1. Completion of Improvements. Developer must expend at least $92,000.00 for the Facade Improvements, which amount is subject to written verification by the Director based on Complete Documentation submitted to City by Developer in accordance with this Agreement. 4.2. Reports. Developer must supply any additional information requested by City that is necessary to assist City in demonstrating compliance with UDAG Regulations and conditions of this Agreement. 4.3. Inspection of Improvements. Following reasonable advance notice to Developer, City will have, and Developer will provide of cause to be provided access to the project, in order for City to inspect the project and evaluate the Improvements to ensure compliance with the terms and conditions of this Agreement Developer will cooperate fully with City during any such inspection and/or evaluation. 4.4. Audits. City will have the right to audit Developer's Records for the project at any time during the Term of this Agreement and for 3 years thereafter in order to ensure compliance with this Agreement. Developer must make all Records available to the City following reasonable advance notice by the City and will otherwise cooperate fully with the City during any audit. This Section 4 will survive the expiration or earlier termination of this Agreement. 4.5 Approvals. Prior to commencement of construction of the Improvements, all Federal, state, and/or local approvals necessary to complete the Improvements must be provided Necessary approvals may include: Page 4of12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 1. City's Historic and Cultural Landmarks Commission; 2. City's Zoning Commission; 3. City's Urban Design Commission; 4. City's Downtown Design Review Board; 5. City's Plan Commission; 6. City's Building Standards Commission; and 7. Permitting 5. REIMBURSEMENT BY CITY Subject to all terms and conditions of this Agreement, City will reimburse Developer upon completion of the Improvements as follows: 5.1. ProEram Reimbursement. City will pay Developer up to $30,000 in eligible expenses on a reimbursement basis provided that Developer: (i) completes the Improvements by the Completion Deadline; (ii) submits Complete Documentation to City with respect to the Improvements, and (iii) City has verified that Developer spent at least $92,000.00 on the Improvements based on inspection and Complete Documentation The amount City shall reimburse Developer will be based on the amount spent by Developer on the Improvements. City shall reimburse $1.00 for every $3.00 spent by Developer For example, if Developer spends $30,000.00, City will reimburse $10,000.00. Developer shall only be reimbursed for Eligible Improvements. 5.2. Source of Funds; Allocation Limitations. Notwithstanding anything to the contrary herein, it is understood and agreed that funding under this Agreement will come from currently available UDAG Grant Proceeds and will be paid only in accordance with and subject to UDAG Regulations and any other applicable HUD requirements. It is specifically agreed by Developer that no other City funds or bond proceeds shall be paid in connection with this Agreement. 6. DEFAULT AND TERMINATION. 6.1. Failure to Complete Improvements. If Developer fails to spend $92,000.00, complete the improvements by the Completion Date and submit Complete Documentation, City will have the right to terminate this Agreement effective immediately upon written notice to Developer. 6.2. Failure to Submit Reports. If Developer fails to submit any documentation required by Section 4.2, City will notify Developer in writing and Developer will have 10 calendar days from the date of receipt of the notice to submit the requested documentation to City. If Developer fails to submit the requested documentation within that time, City will have the right to terminate this Agreement effective immediately upon written notice to Developer. Page 5 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 6.3. In General. Subject to Sections 6.1 and 6.2 and unless specifically provided otherwise in this Agreement, Developer will be in default if Developer breaches any term or condition of this Agreement. In the event that the bleach remains uncured after 10 calendar days following receipt of written notice by City referencing this Agreement (or, if Developer has diligently and continuously attempted cure following receipt of written notice but reasonably requires more than 10 calendar days to cure, then an additional amount of time as is reasonably necessary to effect cure, as determined by the Parties mutually and in good faith), the City will have the right to terminate this Agreement effective immediately upon provision of written notice to Developer. 6.4. By Mutual Agreement. The Parties may terminate this Agreement by mutual written agreement. 6.5. Knowing Employment of Undocumented Workers.. Developer acknowledges that effective September 1, 2007, City is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 (80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. Developef hereby certifies that Developer, and any branches, divisions, of departments of Developer, does not and will not knowingly employ an undocumented worker, as that term is defined by Section 2264.001(4) of the Texas Government Code. In the event that Developer, or any branch, division, or department of Developer, is convicted of a violation under 8 U.S.C. Section 13244) (relating to federal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens): • if the conviction occurs during the Term of this Agreement, this Agreement will terminate contemporaneously upon the conviction (subject to any appellate rights that may lawfully be available to and exercised by Developer); or • if the conviction occurs after expiration or termination of this Agreement, subject to any appellate rights that may lawfully be available to and exercised by Developer, Developer must repay, within 120 calendar days following receipt of written demand from the City, the amount of the Reimbursement plus Simple Interest at a rate of 4% per annum. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Developer will operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of City. Developer will have the exclusive right to control all details and day-to-day operations relative to the project and the Improvements and will be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Developer acknowledges that the doctrine of respondeat superior will not apply as between City and Developer its officers, agents, servants, employees, contractors subcontractors, licensees and invitees. Developer further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between City and Developer. Page 6 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 8. INDEMNIFICATION AND RELEASE. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY, AND DEVELOPER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH DEVELOPER AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY DEVELOPER TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LL4BILITY FOR INJURY DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN S UBSTANTL4LL Y THE SAME FORM AS ABOVE. Page 7of12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 9. NOTICES. All written notices called for or required by this Agreement must be addressed to the following, or another party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: Attn: Director Neighborhood Services Department 1000 Throckmorton St. Fort Worth, TX 76102 with a copy to: Attn: Vicki Ganske City Attorney's Office 1000 Throckmorton St. Fort Worth, TX 76102 10. ASSIGNMENT AND SUCCESSORS. Developer: Attn: Mui (Doris) Tan Eastwynn LLC 3002 Waterway Ct. Arlington, TX 76102 Developer may not assign, transfer or otherwise convey any of its rights and obligations under this Agreement to another party without the written consent of the City, which consent will not unreasonably be withheld or delayed, conditioned on prior execution by the proposed assignee or successor of a written agreement with the City under which the proposed assignee or successor agrees to assume all covenants and obligations of Developer under this Agreement. Any lawful assignee or successor in interest of Developer under this Agreement will be deemed the "Developer' for all purposes under this Agreement. The City may assign this agreement to any party provided that the assignee agrees to assume the rights and obligations of the City under this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to, and the Parties must comply with, all applicable Federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City s Charter and ordinances, as amended. 12. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, City does not waive or surrender any of it governmental powers 13. NO WAIVER. The failure of either Party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that Party's right to insist upon appropriate performance or to assert any such right on any future occasion. Page 8 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 14. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity legality and enforceability of the remaining provisions will not in any way be affected or impaired. 15. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement will be governed by the laws of the State of Texas. 16. NO THIRD PARTY RIGHTS. THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT ARE SOLELY FOR THE BENEFIT OF CITY AND DEVELOPER, AND ANY LAWFUL ASSIGN OR SUCCESSOR OF DEVELOPER, AND ARE NOT INTENDED TO CREATE ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY, INCLUDING TO ANY PERSONS OR ENTITIES CONTRACTING OR PARTNERING WITH DEVELOPER TO CONSTRUCT THE IMPROVEMENTS. 17. FORCE MAJEURE. Subject to any UDAG Regulations and any other applicable rules and regulations of HUD, it is expressly understood and agreed by the Parties that if the performance of any obligations hereunder is delayed on account of an event of Force Majeure, the Party so obligated will be excused from doing the same for an amount of time equal to the duration of the event of Force Maj eure. 18. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement must be interpreted fairly and reasonably, and neither more strongly for or against either Party, regardless of the actual drafter of this Agreement. 19. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and will not be deemed a part of this Agreement. 20. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Developer as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement may not be amended unless executed in writing by the Parties. Page 9 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 21. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which will be considered an original, but all of which constitute one instrument. [REMAINDER OF PAGE INTENTIONALLY BLANK] Page 10 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 EXECUTED by the Parties to be effective as of the Effective CITY OF FORT WORTH: 1:*.vuelo By: -1)--e&i..v Fernando Costa Assistant City Manager ATTEST: By: Secret M&C G-17804 s ate: Feb. 12, 2013 M&C G-17892 Date: May 14, 2013 DEVELOPER: By: OsRk Mui e rig APPROVED AS TO FORM AND LEGALITY: Q1ctiL,L By: Vicki Ganske Sr. Assistant City Attorney Page 11 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 Doris) Tan, Managing Member OFFICIAL RECORD CITY SECRETARY FT. (NORTH, TX EXHIBITS Exhibit "A" — Description of Proposed Facade Improvements and other Project Improvements Exhibit "B" — Renderings and Estimated Cost of Improvements Page 12 of 12 Facade Improvement Reimbursement Agreement Between City of Fort Worth and Eastwynn LLC Revised 07/2015 Exhibit A Description of Improvements and Facade Improvements Facade Renovation Masonry/EIFS Roof— Facade Side Glass/Storefront/Doors Drywall/Framing — Facade Lighting/Electrical Site Improvements -Interior Renovation -Exterior Renovation Masonry/Elli S Roof— Facade Side Glass/Storefront/Doors Drywall/Framing — Facade Lighting/Electrical Paint Plumbing/HVAC Signage Proiect Rendering and BudEet • Attached Exhibit B 1 ifi SHOPPES AT BERRY PLACE 600 WEST BERRY FT. WORTH, TEXAS WEST BERRY ST. 600 W Berry - Estimated Construction/Remodel Budget 4,592 sf building 14,992 sf land Land Costs Purchase Total Hard Costs Environmental Reports Survey Sitework/Paving Masonry/EIFS Roof Glass/Storefront/Doors Drywall/Framing/Ceilings Paint Plumbing/HVAC Electrical Signage Professional Fees General Conditions, OH&P Contingency TI Allowance Total Total Estimated Costs Total Cost $ 4,700 $ 500 $ 68,376 $ 30,042 $ 81,697 $ 39,280 $ 19,124 $ 3,195 $ 51,000 $ 31,318 $ 20,000 $ 17,800 $ 46,154 $ 30,000 $ 130,000 $ 573,186 573,186 PSF Building $ 1.02 $ 0.11 $ 14.89 $ 6.54 $ 17.79 $ 8.55 $ 4.16 $ 0.70 $ 11 11 $ 6.82 $ 4.36 $ 3.88 $ 10.05 $ 6.53 $ 28.31 $ 124.82 $ 124.82 FIP Eligible 30,042 15,035 39,280 5,000 Comments See Note 1 See Note 2 2,750 See Note 3 92,107 92,107 N ote 1 The $15,035 is for the cornice, soffit, flashing, parapet and roof -ties for the front facade only. It is not for the roof itself. N ote 2 - The $5,000 is for framing associated only with the new storefront/front facade. It is not for any interior framing or demising walls. N ote 3 - The $2,750 is for exterior lighting attached to the front facade. 'M&C Review Page 1 of 2 ITY COUNCIL y_GENDA Official site of the City of Fort Worth, Texas FLIRT SifT }RTH COUNCIL ACTION: Approved on 5/14/2013 - Resolution No. 4204-05-2013 DATE 5/14/2013 REFERENCE NO.: G-17892 LOG NAME AMENDMENT 17FIP POLICY CODE G TYPE CONSENT PUBLIC 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 bv: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) 'M&C Review Page 1 of 2 OUNCIL _`R GENDA Official site of the City o Fort Worth, Texas FORT WORTH 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 CODE G TYPE'WON- PUBLIC 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/Facade 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 Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) "M&C Review Page 1 of 2 !TY OUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 5/14/2013 - Resolution No. 4204-05-2013 DATE 5/14/2013 REFERENCE NO.: G-17892 CODE* SUBJECT: G TYPE NON - CONSENT LOG NAME: PUBLIC HEARING: 17FIP POLICY AMENDMENT NO 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/Fapade 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 Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) M&C Review Page 1 of 2 CITY COUNCIL 't GENDA Official site of the City of Fort Worth, Texas FORT WORTH Er COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013 DATE: 2/12/2013 REFERENCE LOG LOG 17UDAGSTOREFRONTIMPROVEMENTPROGRAM NO.: NAME: PUBLIC CODE: G TYPE: CONSENT HEARING: NO SUBJECT: Authorize Expenditure in the Amount of $300,000.00 in Urban Development Action Grant Program Income for the Urban Village Store Front/Facade 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/Facade 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/Facade 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/Facade Improvement Program (Facade Improvement Program). The City does not have a program to assist with the improvement of storefronts or facades 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. S taff 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 N o. 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 Facade Improvement Program meets the UDAG economic development project eligibility requirements. Staff recommends that City Council approve the creation of the Facade 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 ry &C Review Page 1 of 2 TY COUNCIL GENDA Official site of the City of Fort Worth Texas FORT WORTH COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013 DATE: 2/12/2013 REFERENCE **G 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 P rogram and approve the expenditure of UDAG funds for the program under the following guidelines: P rogram 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 M&C Review Page 1 of 2 TY Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013 DATE: CODE: SUBJECT: 2/12/2013 REFERENCE **G-17804 LOG NO.: NAME: PUBLIC G TYPE: CONSENT PUBLIC 17UDAGSTOREFRONTIMPROVEMENTPROGRAM Authorize Expenditure in the Amount of $300,000.00 in Urban Development Action Grant Program Income for the Urban Village Store Front/Fapade 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/Facade 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/Facade 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/Facade Improvement Program (Facade Improvement Program). The City does not have a program to assist with the improvement of storefronts or facades 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. S taff 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 N o. 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 Facade Improvement Program meets the UDAG economic development project eligibility requirements. Staff recommends that City Council approve the creation of the Facade Improvement P rogram and approve the expenditure of UDAG funds for the program under the following guidelines: P rogram 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 fvI&C Review Page 1 of 2 CITY COUNCIL `` GENDA Official site of the City of Fort Worth, Texas FORT W)/ORTh-1 COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013 DATE: 2/12/2013 REFERENCE*G-17804 LOG 17UDAGSTOREFRONTIMPROVEMENTPROGRAM NO.: NAME: CODE: G TYPE: PUBLIC CONSENT HEARING: NO 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/Facade 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/Facade Improvement Program (Facade Improvement Program). The City does not have a program to assist with the improvement of storefronts or facades 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 Facade Improvement P rogram and approve the expenditure of UDAG funds for the program under the following guidelines: P rogram 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