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Home My WebLink AboutContract 45885-A1 (2)T 1rf SECRETARY !,(_ii4 ttl RMCT Na, AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 45885 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH 3900 HEMPHILL STREET PARTNERS, LP This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 45885 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipality organized under the laws of the State of Texas, and 3900 HEMPHILL STREET PARTNERS, LP ("Developer"), a Texas corporation. RECITALS The City and Developer hereby agree that the following statements are true and correct and constitute the basis upon which the City and Developer have entered into this Amendment: A. The City Developer previously entered into that certain Economic Development Program Agreement, a public document on file in the City Secretary's Office as City Secretary Contract No. 45885 (the "Agreement"). B. The Agreement provides for Developer to expend at least $654,000.00 in Construction Costs for the redevelopment of certain real property in the City generally within the boundary created by Hemphill Street, Fogg Street, Travis Street and Drew Street (the "Land"), specifically including (i) divide the existing building into two separate leasable spaces; (11) construct facade improvements and a new roof for the building; (iii) construct a new parking lot; and (iv) provide landscaping along Hemphill Street (collectively the "Improvements"), all as specifically set forth in the Agreement. Developer agreed to complete these improvements by March 31, 2015. In return, the City agreed to pay Developer an economic development program grant equal to $32,700.00. C. Developer has been unable to finalize a lease with the second tenant as originally envisioned. Accordingly, Developer wishes to extend the Completion Deadline for all required improvements, as revised, from March 31, 2015, to September 30, 2015. All other commitments of the Agreement will remain in effect. NOW, THEREFORE, in consideration of the mutual benefits and promises contained in the Agreement and this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer agree as follows: Page 1 Amendment No. 1 to Economic Development Program Agreement between City of Fort Worth and 3900 HEMPHILL STREET PARTNERS, LP OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREEMENT 1. Section 2 (Definitions) is hereby amended to change the definition of the following term: Completion Deadline means September 30, 2015. 2. All capitalized terms used but not defined in this Amendment shall have the meanings ascribed to them in the Agreement. 3. This Amendment contains the entire agreement between the parties with respect to the matters set forth herein. All provisions of the Agreement that are not specifically amended by this Amendment shall remain in full force and effect. EXECUTED as of the last date indicated below: CITY OF FORT WORTH: 1 By: � Fernando Costa Assistant City Manager Date: ATTEST: B APPROVED AS TO FORM AND LEGALITY: By: Peter Vaky Deputy City Attorney M & C: C-27277 05-05-15 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Page 2 Amendment No. 1 to Economic Development Program Agreement between City of Fort Worth and 3900 HEMPHILL STREET PARTNERS, LP 3900 HEMPHILL STREET PARTNERS, a Texas Limited partnership: By: 3900 Hemphill Street GP, LLC, A Texas limited liability company and its . e general partner: Bye /"*". --------., Ch istopher M. anders Ge ' eral Part Date: /v /S /1 ATTEST: By: Al - I. N,... Page 3 Amendment No. 1 to Economic Development Program Agreement between City of Fort Worth and 3900 HEMPHILL STREET PARTNERS, LP ,VI&C Review Page 1 of 2 I[2 COUNCIL ACTION: Approved on 5/6/2016 Official site of the City of Fort Worth, Texas FORT WORT I I REFERENCE LOG 17NS AMENDN0.1- DATF: 5/5/2015 **C-27277 3900HEMPHILLSTREETPARTNERS- N®" NAME: EDPA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment No. 1 to Economic Development Program Agreement with 3900 Hemphill Street Partners, LP, City Secretary Contract No. 45885, to Extend the Completion Deadline for the Redevelopment Project of the Former Terry's Supermarket Located at 3900 Hemphill Street (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to Economic Development Program Agreement with 3900 Hemphill Street Partners, LP, City Secretary Contract No. 45885, to extend the completion deadline for the redevelopment project of the former Terry's Supermarket located at 3900 Hemphill Street. DISCUSSION: On March 18, 2014, (City Secretary Contract No. 45885, M&C C-26716) the City Council authorized execution of an Economic Development Program Agreement with 3900 Hemphill Street Partners, LP (Developer), related to improvements at the site of the former Terry's Supermarket located at 3900 Hemphill Street (Agreement). The Agreement requires the Developer to invest at least $654,000.00 into the project, including dividing the building into two leasable spaces, fagade improvements, a new roof, parking lot improvements and landscaping along Hemphill by March 31, 2015. The Developer has also agreed to use best efforts to provide at least five full-time jobs at the site. Upon verifying the completion of the project, the City agreed to pay the Developer an Economic Development Program grant, in accordance with Chapter 380 of the Texas Local Government Code, in the amount not to exceed $32,700.00. The Developer has requested an amendment to the Agreement to extend the completion deadline to September 30, 2015, due to challenges in finalizing a lease with the second tenant and will now need time to finish out that space. All other commitments of the Agreement will remain in effect. To date, the majority of the exterior remodel and the finish out for the first tenant are complete. Staff recommends extending the completion deadline to September 30, 2015, in order to allow the Developer time to complete the project. This project is located in COUNCIL DISTRICT 9, Mapsco 90H. 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 http://apps.cfwnet.org/council packet/mc_review.asp?ID=21025&councildate=5/5/2015 05/06/2015 M&C Review Page 2 of 2 Submitted for City Manaaer's Office bv: David Cooke (6116) Oriainatina Department Head: Jay Chapa (5804) Additional Information Contact: Jay Chapa (5804) ATTACHMENTS 3900HEMPHILL.Ddf http://apps.cfwnet.org/council_packet/mc Jeview.asp?ID=21 025 &councildate=5/5/2 0 15 05/06/2015