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HomeMy WebLinkAboutResolution Fort Worth Local Development Corporation (FWLDC) FWLDC-2013-03RESOLUTION NO. FWLDC-2013-03 FORT WORTH LOCAL DEVELOPMENT CORPORATION RESOLUTION OF THE BOARD OF TRUSTEES Authorizing the Development of the Lancaster Place Apartments Project by the Lancaster Corridor Redevelopment, LLC WHEREAS, the Fort Worth Local Development Corporation ("Corporation") desires to be an active party to the development of a proposed mixed use development located along Lancaster Avenue between Throckmorton Street and Jennings Street, and between Jennings Street and Monroe Street in order to promote revitalization of the area and to benefit the citizens of Fort Worth by creating affordable housing, retail, jobs and commercial opportunities in an area in need of revitalization; WHEREAS, the project plan originally consisted of multiple buildings with approximately one hundred thirty residential units with a mix of market and affordable rents, 73,000 square feet of office space, 33,000 square feet of retail space, and a parking garage ("Original Project Plan"); WHEREAS, on June 7, 2011, the Corporation approved various actions and agreements related to the development, including the lease and option to purchase of vacant City -owned property on Lancaster Avenue between Throckmorton Street and Monroe Street; a development management agreement with L2L-Lancaster, LLC for an amount up to $535,000 for preliminary costs associated with the development; the hiring of Kelly Hart & Hallman as outside counsel; and the execution of a conditional commitment, contract and related documents with the City of Fort Worth for $2,000,000 in HOME Funds; WHEREAS, on June 14, 2011 (M&C C-24976), the City of Fort Worth ("City") approved the expenditure of $2,000,000.00 in HOME Investment Partnership Program Grant Funds for the project (as amended by M&C C-25460 on March 6, 2012 to increase the number of housing units in the project), and on June 24, 2011, the Corporation entered into a conditional commitment from the City of Fort Worth for the HOME funds (a HOME contract has not yet been executed); WHEREAS, on August 2, 2011, the Corporation approved the certificate of formation of Lancaster Corridor Redevelopment, LLC for purposes of owning and operating a portion of the development and the Corporation created the Lancaster Corridor Redevelopment, LLC on November 4, 2011, for the purpose of ownership and development of the project; WHEREAS, on October 4, 2011, the Corporation approved the purchase of property located within the boundaries of Lancaster Street, Monroe Street, 13"' Street and Throckmorton Street for the project, including (i) the outright purchase of vacant City -owned property on Lancaster Avenue rather than a lease with option to purchase as contemplated in the June 7, 2011 approval, and (ii) the payment of $25,000 in earnest money for any parcel owned by any owner RESOLUTION NO. FWLDC-2013-03 PAGE 2 in the boundaries of the project, and on January 11, 2012, the Corporation entered into an Option and Contract of Sale and Purchase with the City (City Secretary Contract No. 42813) for the purchase of City -owned property along Lancaster Avenue, and said contract has been amended to expire in December of 2013; WHEREAS, on November 1, 2011, the Corporation approved (i) a Tax Increment Financing Development Agreement with Board of Directors of Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster TIF) for construction of the Lancaster Avenue Parking Garage, and (ii) assignment of the Tax Increment Financing Development Agreement to a local government corporation; WHEREAS, on June 5, 2012, the Corporation approved the assignment of all agreements related to the Lancaster project to the Lancaster Corridor Redevelopment, LLC; WHEREAS, in June 2012, the Original Project Plan was cancelled due to the withdrawal from the plan of a key office development tenant, and staff began working to reduce the scope of the first phase of the development; WHEREAS, the current scope of the first phase of the development is the construction of (i) a 150,000 square foot mixed -use development with approximately 120 residential units (including approximately 20% workforce housing), and approximately 25,000 square foot retail space, and (ii) a parking garage with approximately 450 spaces; WHEREAS, the Lancaster Corridor Redevelopment, LLC acquired the property upon which the parking garage will be sited in January of 2013; and WHEREAS, on May 23, 2013, the Lancaster Place Apartments project received an invitation from the United States Department of Housing and Urban Affairs to submit a pre - application for a HUD 221(d)(4) loan for the project by August 23, 2013, which pre -application requires certain submittals including architectural design drawings, market studies, surveys, civil engineering, and the payment of a pre -application fee. NOW, THEREFORE, BE IT RESOLVED that the Corporation is authorized to submit a pre -application and execute a firm commitment for a HUD 221(d)(4) loan to the United States Department of Housing and Urban Affairs, including execution of relevant documents and the completion of contracts as required; FURTHER RESOLVED that the Corporation is authorized to expend up to $108,000.00 of Corporation funds previously approved by the Board for the project on June 7, 2011, for any and all costs related to the completion and submittal of the pre -application for a HUD 221(d)(4) loan to the United States Department of Housing and Urban Affairs; and RESOLUTION NO. FWLDC-2013-03 PAGE 3 FURTHER RESOLVED, that the Secretary or any Assistant Secretary of the Corporation is hereby authorized and directed to certify the adoption of this Resolution. Adopted this 4"' day of June, 2013. Z' 131�'-z Dennis,,Shinglqt6n Secretary