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HomeMy WebLinkAboutContract 44260 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. 1/) L/7 (.1? WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Improvements. Developer Information: Developer Company Name: Sundance Plaza, LLC Address, State, Zip Code: 201 Main Street j Fort Worth, TX 76102 Phone, E-Mail: (817) 255-5700 Authorized Signatory/Title: Johnny Campbell, President & CEO Project Name: Water & Sewer Improvements to serve Sundance Square Project Location: Throckmorton St., Houston St., Main St. & Commerce St. Plat Case No.: FS-012-161 Plat Name: Council District: 9 City Project No: 01932 CFA: 2012-040 DOE: 6858 To be completed by.staff.• Received by: ( ) CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 1 of 11 Date: a tc;._ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RECEIVED MAR a 7 2OE13 NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work perfoumed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills Paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided under this contract. C. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City -approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits are made a part hereof: Water (A) X 1 Sewer (A-1) X Paving (B) , Stoiiu Drain (B-1) , Street Lights & Signs (C)_ CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 2 of 11 E The Developer shall award all contracts for the construction of community facilities in accordance with Section II paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all infrastructure included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the followings i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or prequalified to perforrn water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book CFW-Sundance Plaza LLC CFA for Water & Sewei Facilities Page 3 of 11 iv. To require its contractor to give 48 hours' notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, stoiiii drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City -issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein. I. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. CFW-Sundance Plaza LLC CFA for Water & Sewei Facilities Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement L The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub -contractors, officers, agents or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further, Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a CFW-Sundance Plaza LLC CFA for Water & Sewei Facilities Page 5 of 11 result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. N. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non- exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall tenninate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 6 of 11 further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the community facilities or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 7 of 11 Cost Summary Sheet Project Name: Water & Sewer Improvements to serve Sundance Square CFA No.: 2012 040 DOE No.: 6858 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre -construction meeting. An itemized estimate corresponding to each project -specific exhibit is required to support the following information. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 8 of 11 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Total Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: 1/114 “ 4icLs) `T Ti F W Financial Guarantee Options, choose one I Bond = 100% $ (Completion Agreement = 100% / Holds Plat $ lCash Escrow Water/Sanitary Sewer= 125% $ !Cash Escrow Paving/Storm Drain = 125% $ 'Letter of Credit = 125% w/2yr expiration period $ Developer's Cost 61,463.00 111, 736.00 173,199.00 173,199.00 3,463.98 3,463.98 6,927.96 6,927.96 Amount 173,199.00 173,199.00 216,498.75 216,498.75 Choice (ck one) (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 9 of 11 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas, effective as of the date subscribed by the Assistant City Manager. SUNDANCE PLAZA, LLC, CITY OF FORT WORTH a Texas limited liability company By: Sundanc- • u. c Management, L.P., -)-11411440.4 its managin a,t e Fernando Costa Assistant City Manager By: Date: ,/ '/ /3 Johnn Capbe , 'r i • nt and CEO LEsa A"eria(coc2r-h (Print) Name: Recommended by: Water Department Wendy Chi-Bab4lal, EMBA, P.E. ATTEST: Mary J. Kayser City Secretary Transportation & Public Works Depai V 4 Douglas W. Wiersig, P.E. Development E gineering Manager Director Approved as to Form & Legality: Douglas W. Black Assistant City Attorney 1 M&C No. Li i\A r Date: CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 10 of 11 OFFICIAL RECORDI. CITY SECRETARY , rr.wORTIhTX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate ►1 ►1 ►1 n n n (Remainder of Page Intentionally Left Blank) CFW-Sundance Plaza LLC CFA for Water & Sewer Facilities Page 11 of 11 • PLOTTED: Thursday, January 24, 2013 AT 4:13 PM FI 1 Tra:® Oak'Pork P AV1 Ott I PROJECT / LOCATION E z z w to o N m O J P 2E51 ASO z s- \ICKERY I 0 0 r 0 SWIFT V a -o 3 Park VICINITY MAP NOT TO SCALE DALFORD BIRD LILIAN EMBREY McLEMOR AKERS 0 0 -J m VIRGINI JEF BIRI Z_ =IY N z Lai ¢ m u m DALFCBIR( wi cc G - Z0 al Cr 0 w DELL ML RP 1Y z MURPHY—z o cc McLEMORE -1-1 7 RACE DAMON DAM?N GRA 'EWOOD PI TSBU FISHER ENI4 S 112TH 11TH FINLEY "AN HOR GIPSON z z NILE` BRO\% m () Bee ER H FFMAN ` IOMAR1 EAST ETT N SUNDANCE SQUARE THROCKMORTON STREET TO COMMERCE STREET 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fax: 817.335.7437 (TX REG. F-1114) Juuu11m1LJ1110.11uY111J11uu1u1110uJL11Im110WI11uuu11Y1uu1111 11 11111111 I I III11111111111111111111111111111111111111IIII III 111 111111 1111111111111111 DOE # 6858 FILE # W-2231 11111111111 II I III 1111111111111111111111111111111111 lul IIII1111 II II 111 II IIIIII11 III 11111 (IIIIIII 11111111111111111111111111111 1111111111111111111u 11111111111 OIJ1111111111YIIIIIIIIIIIIIIffiIIIIIIIYRIM IYIIIIIIIIlimn! I IIIIIIIII01111111111YII 414111111411111s11.4410111111 PLATTED: Thursday, January 24, 2013 AT 4:13 PM FILEPATH: 1 1 EXISTING 8" WATER if ea men app••••mmaill E. 3RD STREET RELOCATED FIRE HYDRANT . I !I EX-8 " SS - 1 1 1 1 • 1 1 i1 Itt MONO 011111•1110 min„1 IeFPI J LEGEND PROPERTY LINE PROPOSED WATER LINE PROPOSED WATER METER PROPOSED BACKFLOW PREVENTER PROPOSED FIRE HYDRANT FF 616.13 ° PROPOSED CASSIDY BUILDING SUNDANCE WEST PARTNERS, L.P. VOLUME 10399, PAGE 1192 D.R.T.C.T. E. 4TH STREET EXHIBIT 'A' WATER LINE EXHIBIT 1 OF 3 SUNDANCE SQUARE 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fax: 817.335.7437 (1X REG. F-1114) IIUIJWIfdulllmel IS ! 11111 11111111111111111111111111 IIIIIIIIIIIII III 11I11111111111111111111 ul11111 111111 I11I111111111u Il lillli 111111 1111 IIIu1111111111 I 11III 1111111111 I I 50 SCALE: 1"= 50 ft. 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Iglu I I III 111 I II u11 JId1e111111Wu111111 11 11 II 1 111111! 11 11111111111111 111111 11 Yll1uu! 1111111Y1 1111111 1 II111111111e11313111111 Imm1a131.11 d111114aW11111u 1111111111313111113.11111 11111.11111111111 1 111 II III 1111111 II11 1111111111111 ull ll „ 1 11 11111 11111111111 III 11111-mi i \ Wit IL_ RELOCATED FIRE HYDRANT 11i LF OF 6" FIRE LINE 2" TAP (1)2" WATER METER ;! PROPOSED : 1 k3JNDANCL w:.:- PARIAHS, EAST /'-' VOLUME 12339, PAGE 2182 '--=--' - � BUILDING \ 7 5± LF OF 6" WATER 7.3 X }( PLUG 5' FROM BLDG. I \/ _ _ (2)5± LF OF 2" WATER PLUG 5' FROM BLDG. X X (2)2" WATER METERS ST R E IXI_ LF OF 2" WATER • i E. 4TH STREET EXHIBIT WATER LINE 30F3 SUNDANCE SQUARE LEGEND - - PROPERTY LINE PROPOSED WATER LINE PROPOSED WATER METER PROPOSED BACKFLOW PREVEN TER PROPOSED FIRE HYDRANT • RELOCATED FIRE HYDRANT 8± LF OF _ 6" FIRE LINE 52± LF OF 6" WATER aFPI x • EXISTING 12 " WATER 6" TAP (2)2" TAPS (2)52± LF OF 2" WATER w CC 1- w w w H cn 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: B17.335.1121 • Fax: B17.335.7437 (TX REG. F-1114) 1111 FIwullleluulluuuppulpl 1 III II III II II I ,) 'A' EXHIBIT i SCALE: 1"= 50 ft. I li II p Wi 1111 WuIi 1llw II a IIIII II IIIIIfJIdihlo loth IUJLIUJ0 II IIUII HMI Iv IIiIIIIIILIIIIII IIIIIIII uJU III IUJI II I II 1111 I 1 G:\Production\000100\0000188.003\Design\Drawings\Exhibits\CFA\EXHIBIT Al - WASTEWATER.dwg PLOTTED: Thursday, January 24, 2013 AT 4:14 PM FILEP PROPOSED 6" CLEANOUTS _ PROPOSED 6" DOUBLE ;=1 CLEANOUTS EXSS 1 1 �I YI- 11 11 1 1 PROPOSED ELECTRIC VAULT (PRI VA TE) PROPOSED GREASE TRAP Li LEGEND PROPERTY LINE PROPOSED SEWER LINE E. 3RD SLTR E T.__. rL LOG NN CONNECTION TO EXISTING 8" SEWER SERVICE CAP, GROUT, AND ABANDON • EXISTING LINE TO SOUTH 'sF 110LFOF6"SEWERLINE I I it 1 1i \— EX SS LINE TO BE 1 ABANDONED '- PROPOSED 1„ WEST BUILDING v }1 I dDAINCE SQUARE D.R.T.C.T, • E. 4TH STREET __"Ti lFi EXHIBIT 'Al' WASTEWATER EXHIBIT 1 OF 2 SUNDANCE SQUARE u way 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fax: 817.335.7437 (TX REG, F-1114) • • 1 • • • f. 11 � 100i SCALE: 1"= 50 ft. 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" 19 LF 10" SS LINE CONNECT TO EXISTING SS SHAFT MEMO _L • W 24 LF 6" SS • SER VICE(PR/ VA TE) \t/ \ / \ gin, t ( } i l•11 yet 3 E. 4TH STREET [-X-W IWYILIWWtlWWWW imiWY111WuWWIWWIdnulWWixLia0iwiiWIYYYYIW4WWIWLIIWWW'WYYIYIWIWYuaux0nYWYWIWYeuYiIUBu1WWW1ax0IlLaliiciii• 1x110YnWiWWILIIitlYW14u INSTALL SS MANHOLE 35 LF 8" SS LINE INSTALL SS MANHOLE .ems - 1! n 1n - e1��.'!'"a1 i���► are traLet PROPOSED EAST BUILDING A, TITLE [31_ 6-) u ._ STREET PROPOSED GREASE TRAP 31 LF 6" SS SER VICE(PR/ VA TE) i EXHIBIT 'Al' WASTEWATER EXHIBIT 20F2 SUNDANCE SQUARE u •way 550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fax: 817.335.7437 (1X REG. F-1114) w I LEGEND PROPERTY LINE PROPOSED SEWER LINE 0 50 1 100 SCALE: 1"= 50 ft. 11111111 IIIIIJuu111u1W111u1m1W111111111 IIIIIIIIII IIIIIIIIIIIII IIII 11111 III I IIIIIIIIIIIII IIIYIIII IIIIIII II III 11111111111 III111111 II I II I II III II II1111Iul lull Hill I III I I 11111/.1111 Ill u11111u11lul 11111 111111 IJII1111 1111.1 I IJIJu1111111111p1111 11111111111111111 IIIIIIli Ii111111.1111111u111111 1111u IIOI Iul11uu1111e IIIIIIIWII HILL 111011111111111 IW111llllll111111IIII IIIIIIIIII IIII I 1111111111 11111111111 1 11111111111E IIIJWu 11 ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 ITEM j 1 ENGINEER'S OPINION OF PROBABLE COST WATER & SEWER IMPROVEMENTS TO SERVE SUNDANCE SQUARE DESCRIPTION Water Line Improvements Connect to Existing 6" Stub Cut & Plug Existing 12" X 6" Tapping Sleeve & Valve 2" DH Domestic Fire Hydrant Assembly w/ 6" Gate Valve — Install (BID-00546) 6"DR14PVC Sidewalk Replacement Sawcut Paving Removal Paving Replacement Trench Safety Testing Barricades DESCRIPTION 1 Connect to Existing Sewer 2 Connect to Existing Stub (Deep) 3 Connect to Existing MH w/Drop 4 Remove & Replace Existing MH 5 4' Dia Manhole (0-6' Deep) 6 4' Dia Riser 7 6"SDR35 8 8"SDR35 9 10"SDR35 10 Removing Existing Sewer 11 Sawcut 12 Remove Paving 13 Replace Paving 14 Barricades 15 Trench Safety 16 Testing I QTY I UNIT E 3 EA $ 3 EA $ 1 EA $ 2 EA $ 3 EA $ 72 LF $ 96 SF $ 100 LF $ 15 CY $ 550 SF $ 1 LS $ 1 LS $ 1 LS $ WATER SUBTOTAL Sewer Line Improvements 1 QTY I UNIT I 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 3 VF $ 8 LF $ 35 LF $ 21 LF $ 127 LF $ 364 LF $ 58 CY $ 1,860 SF $ 1 LS $ 1 LS $ 1 LS $ SEWER SUBTOTAL WATER & SEWER SUBTOTAL PRICE J 1,900.00 $ 2,000.00 $ 5,600.00 $ 7,800.00 $ 2,016.00 $ 141.00 $ 7.00 $ 6.00 $ 58.00 $ 9.00 $ 1,071.00 $ 1,000.00 $ 3,200.00 $ PRICE 1 AMOUNT 5,700.00 6,000.00 5,600.00 15,600.00 6,048.00 10,152 00 672.00 600.00 870.00 4,950.00 1,071.00 1,000.00 3,200.00 $ 61,463.00 2,000.00 $ 25,000.00 $ 12,000.00 $ 16,000.00 $ 6,000.00 $ 544.00 I $ 320.00 I $ 290.00 I $ 292 00 I $ 31.00 6.00 57.00 8.00 4,305.00 750.00 900.00 AMOUNT 2,000.00 25,000.00 12,000.00 16,000.00 6,000.00 1,632.00 2,560.00 10,150.00 6,132.00 3,937.00 2,184.00 3,306.00 14,880.00 4,305.00 750.00 900.00 $ 111,736.00 173,199.00 TIF #3 Board Meeting March 22, 2012 2 45 PM Development Conference Room Fort Worth City Hall Board members in attendance were Chairman W B "Zim" Zimmerman, Charles Boswell representing State Senate District 10, County Commissioner Roy Brooks, City Council Member Joel Burns, State Representative Lon Burnam, Mark McClendon representing the Tarrant County College District and Scott Rule representing the JPS Health Network. City of Fort Worth staff members in attendance were Marguerite Allen, Jay Chapa, Fernando Costa, Henry Day, Robert Stums and Peter Vaky. Other attendees included Lisa McMillan, Tarrant County Economic Development Coordinator, Michael Bennett of Bennett Benner Pettit, Johnny Campbell, President and CEO of Sundance Square, Matt Carter of Fine Line Diversified Realty, Ramon Guajardo representing the Fort Worth Housing Authority, Barbara Holston, President and CEO of the Fort Worth Housing Authority, Bill Thornton of the Fort Worth Chamber of Commerce and Patricia Ward, Tarrant County Community Development & Housing Downtown Fort Worth Inc staff members attending were Andy Taft, Jim Johnson and Carole Robinson. A quorum being present, Chairman Zimmerman called the meeting to order. Approval of Minutes of November 28. 2011 Meetina: Chair Zimmerman drew the Board members' attention to minutes of the November 28, 2011 meeting, previously distributed for review. Upon a motion duly made by Roy Brooks, seconded by Charles Boswell, the minutes of the November 28, 2011 meeting were unanimously approved as distributed. Authorize Amendment to the Development Agreement with Sundance Sauare Partners for 415 Throckmorton Street: The March, 2011 TIF Development Agreement for streetscape improvements at Oliver's Fine Foods contained a stipulation that the City issue a Certificate of Completion by December 31, 2011. Construction was complete, a temporary certificate of occupancy was obtained and the store was open for business before December 31st, but the City was unable to issue a Certificate of Completion until the City's Auditing Department reviewed and approved expenditures. The City's Certificate of Completion was issued on March 7, 2012. The delay in obtaining the Certificate was beyond the control of the developer. Upon a motion by Roy Brooks, duly seconded by Lon Burnam, the Board unanimously approved amending the TIF Development Agreement to extend the project completion date to March 31, 2012. Authorize Amendment to the TIF Proiect & Financina Plan to Include Affordable Housing: Mr Johnson drew the Board s attention to a proposed TIF Project & Financing Plan text amendment and draft resolution to add affordable housing to the TIF's Project Plan. Commissioner Roy Brooks stated that he was a longtime proponent of affordable housing and this was a much needed step toward that goal. TIF # 3 Board of Directors Page 1 March 22, 2012 Jim Johnson reviewed development plans for the Board. The total development cost is $110M with expected completion by September, 2013. For the purposes of TIF participation, $90 M will be used for construction costs with a completion date of December 31, 2014. The Agreement would be for reimbursement of qualified expenses not to exceed $11 M including: • Re -grading of the adjacent public ROWs • Street and sidewalk improvements • Streetscape improvements • Costs associated with the preservation of the Chisholm Trail mural and other facade elements of the Jett Building and the Land Title Building • The appraised value of facade easements or leases on the historic buildings • Construction and operation of public restrooms • Interest on TIF eligible improvements • Street closure fees on TIF eligible improvements • Other items as may be agreed upon by both parties Mr. Johnson detailed the proposed reimbursement schedule: $6.0 M at project completion with a target percentage of 55% $1.25 M on June 1, 2014 with a target percentage of 65.9% $2.0 M on June 1, 2015 with a target percentage of 841 % $1.75 M on June 1 2016 with a target percentage of 100% The proposed payment schedule matches estimated TIF revenues and expenses while maintaining a projected balance of $3 M at all times in the TIF s cash account. The TIF could take on new projects up to the TIF lifetime cap of approximately $2.78M capacity taking into account the $1 M approval for Hunter Plaza earlier today, with the caveat of keeping reasonable reserves of $1 M until closer to the end of existing TIF Board obligations. Due to the annual funding cap of $5 M, tax increment from these improvements will flow directly to the taxing entities. The land is currently on the tax rolls; value of the plaza land is likely to decline however, due to the new buildings a conservative estimate of the tax increment is between $1 M and $1.5 M in the 2014 tax year with revenues arriving in 2015. The payback period for investing $11 M in TIF funds to generate new general fund revenues is estimated at 8 to 11 years Mr Chapa opined that these general fund revenue estimates would not include those going to the Fort Worth ISD, which is no longer part of the TIF in 2013-2014. Councilmember Burns expressed his pleasure at the opportunity to finance the planned preservation of the historic facades and the culmination of a goal envisioned at the inception of the TIF district County Commissioner Roy Brooks noted the estimated increase in ad valorem tax. State Representative Lon Burnam voiced his approval of the central plaza, but his intention to vote "no" on the motion due to long term concerns regarding the lack of public input in the TIF funding process and additionally his reservations in putting such a large percentage of the available TIF funds into one project which will preclude addressing other issues Upon a motion by Joel Burns, duly seconded by Roy Brooks, the Board by a vote of 6 to 1 authorized a Development Agreement with the Sundance Square, Inc. for reimbursement of up to $11 M in TIF project costs for construction of the Central Plaza in the Vicinity of 3`d, 4th and Main Streets with the stipulation that there will be $90 M in total building and plaza construction costs as presented. Amend Fiscal Year 2012 TIF Budget - Mr. Johnson referred the Board to Section 6 of the board packet. Slight over -runs in three contractual items (the City Place Garage, City Place Garage Additional Rent and SFFH TIF # 3 Board of Directors Page 3 March 22, 2012