HomeMy WebLinkAboutContract 47067 (2)la
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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 Larch Hills Southside FW,
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. 93-383, 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 200 East Broadway Avenue, Fort Worth
TX 76104. 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and Larch Hills Southside FW, LLC
Revised 07/2015
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 South Main 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
tenus 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.
Buildinz means for funding purposes, a contiguous structure with shared walls, not
including frrewalls 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 peimits 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 Larch Hills Southside FW, 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 Mai eure 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 pei mits 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 infoiimation 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 Larch Hills Southside FW, 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 teuiiinated 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 $90,000.00 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 infou nation 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 or 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 tesinination 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 4 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and Larch Hills Southside FW, 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. Peuunitting.
5. REIMBURSEMENT BY CITY
Subject to all teulus and conditions of this Agreement, City will reimburse Developer upon
completion of the Improvements as follows:
5.1. Protram 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 $90,000.00 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 foi 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 $90,000.00, complete the improvements by the Completion Date
and submit Complete Documentation, City will have the right to teinuinate 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 Larch Hills Southside FW, 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 tens 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. Developer hereby certifies that
Developer, and any branches, divisions, or 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 1324aW (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 frotn 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 Larch Hills Southside FW, 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 LIABILITY 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 SUBSTANTIALLY THE SAME FORM
AS ABOVE.
Page 7 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and Larch Hills Southside FW, 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: Jesse Stamper
LHS 200 Broadway, LLC
4420 Overton Crest St.
Fort Worth, TX 76109
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 Larch Hills Southside FW, 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 perfoiniance 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 Larch Hills Southside FW, 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 Larch Hills Southside FW, LLC
Revised 07/2015
EXECUTED by the Parties to be effective as of the Effective OCAD Lxr I) 9°16
CITY OF FORT WORTH:
ByThs1/444gipscio(2,41.—e
Fernando Costa
Assistant City Manager
ATTEST:
City Sec
M&C G-1781 Date: Feb. 12
M&C G-17892 Date: May 14, 2013
DEVELOPER:
APPROVED AS TO FORM AND LEGALITY:
By:
Vicki Ganske
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 11 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and Larch Hills Southside FW, LLC
Revised 07/2015
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
Revised 07/2015
Exhibit A
Description of Improvements and Facade Improvements
Facade Renovation
Prep, Prime and Paint exterior of building
Exterior Lighting/Electrical Fixtures and Install
Steel Railing
8' Steel/Glass Entry Door
New Dock High Doors
New Steel Awnings
Repair Original Windows and Re -glaze
Masonry Repair - Doors and Window Unit Broadway Elev
New Decking at Entry Dock Doors
Board Formed Masonry 4' High - to Support Entry Decking
Steel Sliding Entry Door 9'x6'
Concrete Entry Steps
Site Improvements -Interior Renovation -Exterior Renovation.
Prep, Prime and Paint exterior of building
Exterior Lighting/Electrical Fixtures and Install
Steel Railing
8 Steel/Glass Entry Door
New Dock High Doors
New Steel Awnings
Repair Original Windows and Re -glaze
Masonry Repair - Doors and Window Unit Broadway Elev
New Decking at hntry Dock Doors
Board Foitned Masonry 4' High - to Support Entry Decking
Steel Sliding Entry Door 9'x6'
New 10'x10' shipping and receiving overhead door opening West
Sidewalk Demo and Haul Off
Curb Demo and Haul Off
New Sidewalk Broom Finish
New Curb and Gutter
Street Asphalt Patch at Gutter
Curb Ramps at Intersection
ADA Ramp Verticals
Entry Steps Concrete
Landscaping -Street Trees, Grasses, Shrubs, Mulch
Project Rendering and Budget
• Attached
Exhibit B
•
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Fort Worth, Texas 76110
NOT FOR
REGULATORY
APPROVAL,
PERMITTING, OR
CONSTRUCTION
DATE:
27 MAY 15
SHEET.
Extonor Elovatlonu
A201
200 East Broadway Itemized Facade Budget
Item Description
Prep, Prime and Paint exterior of building
'Exterior Lighting/Electrical Fixtures and Install
ISteel Railing
18' Steel/Glass Entry Door
New Dock High Doors
New Steel Awnings
(Repair Original Windows and Re -glaze
'Masonry Repair - Doors and Window Unit Broadway Elev
INew Decking at Entry Dock Doors
Board Formed Masonry 4' High - to Suport Entry Decking
Steel Sliding Entry Door 9'x6'
New 10'x10' shiping and receiving overhead door opening
Sidewalk Demo and Haul Off
(Curb Demo and Haul Off
(New Sidewalk Broom Finish
(New Curb and Gutter
Street Asphalt Patch at Gutter
Curb Ramps at Intersection
ADA Ramp Verticals
Entry Steps Concrete
'Landscaping -Street Trees, Grasses, Shrubs, Mulch
'Total
Quanity Unit Total Cost
1
16
150
1
4
6
6
1
1,100
89
1
V 1
1,214
102
2,100
180
180
2
36
40
1
EA
EA
LF
EA
EA
EA
EA
EA
SF
LF
EA
EA
SFT
LF
SFT
LF
LF
EA
FT
LF
EA
$ 8,900.00
$ 8,000.00
$ 6,000.00
$ 6,200.00
$ 16,400.00
$ 25,500.00
$ 3,300.00
$ 1,400.00
$ 11,000.00
$ 12,460.00
$ 5,950.00
$ 6,000.00
$ 2,428.00
$ 663.00
$ 8,400.00
$ 3,600.00
$ 1,350.00
$ 1,000.00
$ 900.00
$ 600.00
$ 4,600.00
$ 134,651.00
* For improvement
possible errors, agreement amount is
$90,000.00
10 $
118 $
$ 600.00
$ 96,430.00
agreement and for
Facade Eligible
Total
4,450.00
5,000.00
4,720.00
6,200.00
16,400.00
25,500.00
2,750.00
1,400.00
11,000.00
12,460.00
5,950.00
"M&C Review
Page 1 of 2
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 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/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 heanng 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 1 of 2
OUNCE 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: G TYPE:
. NON -
CONSENT
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)
LOG NAME•
PUBLIC
HEARING:
17FIP POLICY
AMENDMENT
NO
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 City Manaaer's Office bv:
Oriqinatina Department Head:
Additional Information Contact:
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
"M&C Review
Page 1 of 2
ITV OUNCE AGENDA
Official site of the City o Fort Worth, Texas
FORT MJRTH
COUNCIL ACTION: Approved on 5/14/2013 - Resolution No. 4204-05-2013
DATE: 5/14/2013 REFERENCE NO.: G-17892 LOG NAME
J\ION- PUBLIC
CODE: G TYPE: NO
CONSENT HEARING:
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)
17FIP POLICY
AMENDMENT
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 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
CITY
OUNCIL } GENDA
Official site of the City of Fort Worth, Texas
FORT WORTFl
COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013
DATE:
CODE:
SUBJECT:
2/12/2013 REFERENCE
NO..
G-17804LOG
NAME: 17UDAGSTOREFRONTIMPROVEMENTPROGRAM
G TYPE: CONSENT PUBLIC NO
HEARING:
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/Fagade 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
M&C Review Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth Texas
FORT WORTH
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: 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/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
NI&C Review Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth Texas
FORT\ ORTU
TS
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 PUEABLICRING: NO
H
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
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
CITY COUNCIL GENDA
Official site of the City of Fort Worth, Texas
FORT WORT' I
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: 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/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
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