HomeMy WebLinkAboutContract 28531 COMAR INITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COLN'TY OF TAP-RANT §
Contract No.
WHEREAS, Historic Landmark, Inc. hereinafter called "Developer,", desires to
make certain improvements to the Victory Arts Center, located at 3300 Hemphill
Street, an addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do
certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Ray Boothe, its duly
authorized President, and the City, acting herein by and through Marc Ott, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
conditions contained herein, do hereby agree as follows:
1. General Requirements
A. The Policy for the Installation Of Community Facilities ("Policy") dated
March 2001, approved by the City 1
ItY Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Contract as if copy
herein verbatim. Developer agrees to comply with all provisions of said
Policy in the performance of its duties and obligations hereunder.
B. The requirements of the Policy shall govern this Community Facilities
Agreement, provided, however, that any conflict between the terms of this
Community Facilities Agreement and the Policy shall be resolved in favor
of this Agreement.
C. Developer shall provide financial security ire with conformance n th parag aph
6, Sect-[on 11, of the Policy,
D. The Developer shall award all contracts for the construction of coni-m-anity
facilities in accordance with Section 11 paragraph 7/ of the Policv.
E. The contracts for the construction of the public infrastructure shall be
ad-Min i
red n con formance,with paragraph 88s, Sect, 1—
CFA VICTORY At
F. The Developer further covenants and agrees to, and by these presents does
hereby, l
m
fi-illy indemnify fy, hold hamnless 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, whether or not such iniuries, death or damages are caused,
in whole or in part, by the alleged negligence of the City of Fort Worth,
its officers, servants or emplovees.
G. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
H. In the event that City participation exceeds $25,000, Developer agrees that
no street construction or storm drainage will begin prior to City Council
approval of this Community Facilities Agreement. (Article 104.100,
Ordinance 7234).
1. Developer agrees that no lot shall be occupied under a certificate of
occupancy until the improvements required herein have been constructed
(Article 104.100, Ordinance 7234).
J. Developer hereby releases and agrees to indemnify and hold the City
harmless for any inadequacies in the preliminary plans, specifications and
cost estimates Supplied by the Developer for this contract,
K. Developer agrees to provide, at its expense, all necessary rights of way
and ease-rents across`property owned by Developer required
to construct
current and future improvements provided for in this agreement.
L. Developer agrees to construct proposed in rirovements as shown on the
e 'ibits at ached hereto. The fcflowing -_xh�ibits are made a Part lhereo4'
Xh
C VICTORY ARTS
Water (A) None; Sewer (4-1) None; Paving (B) attached; Storm Drain
(B-1) P94-e; Street Lights and Si-,oI-n-,z (C)AtItMehed..
Street and Storm Drain Facilities
A. The Developer(s) agree to install or to cause to have installed, the street,
storm drainage, street Lighting, street name sign and other community
facilities improvements shown as "current improvements" on the attached
,Exhibit B.
B. As shown below in the "Summary of Cost for Street and Storm Drain
Facilities", the Developer shall fund its share of "current improvements"
and shall pay to the City for its share of the cost of street, storm drainage,
street lighting, street name signs as shown on the attached Exhibit B. The
estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection
is estimated to $52,000.00.
Remove and Replace 541 linear feet of curb and gutter $16,000.00
Remove and replace
Aj ,Z concrete driveways
j
$ 8,000.00
Construct 6-foot sidewalk along West Shaw Street S16,000.00
Canst ID
ct 10-foot sidewalk to right-of-way
Total City Participation $52,000.00
CFA 'v'ICTORY ARTS
N TEST11\40-NY �NTFIFREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant-Cite Manager,
attested by its City Secretary, with the corporate seal of the City affixed, and said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the
d ay of -t Zl L
, 2003.
Approval Recommended:
Transportation and Public Works
Department
"-OntraClt Authorization
1 ,
Robert Goode, P. E.
Director
D A t e
ATTEST: City Of Fort Worth
By:
Oloria Pearso, Marc 0#
City Secretrry Assistant-City Manager
Approved as to Form:
Assistant City Attorney
ATTEST: DEVELOPER
HistoricLa4dinark, In
By '64f
Corporate Secretary
Ray�Roothe, President
CFA VICTORY ARTS 4
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City of Fort Worth, Tuas
"elljor 61"d Council Communication
i DATE PAGE
1/14/03 C_19426 20VICTORY 1 of 2
SUBJECT -
COMMUNITY FACILITIES AGREEMENT WITH HISTORIC LANDMARK, INC. D—/-B—/A7'
ARTSPACE TEXAS, INC. FOR THE INSTALLATION OF PARKWAY IMPROVEMENTS
I TO BENEFIT THE VICTORY ARTS CENTER LOCATED AT 3300 HEMPHILL STREET
FRECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Historic Landmark, Inc. d/b/a ArtSpace Texas, Inc. for the installation of parkway
improvements along West Shaw Street from Hemphill Street to Lipscomb Street that are required to
meet current City standards, for a total City participation cost of$52,000:
• Remove and replace 541 linear feet of curb and gutter $16,000
• Remove and replace 2 concrete driveways $ 8,000
• Construct 6-foot sidewalk along West Shaw Street $16,000
Construct 10-foot sidewalk to right-o-11-way $12,000
Total City Participation $52,000
DISCUSSION:
On May 14, 1996 (M&C C-15459), the City Council approved a loan in the amount of $287,000 with
Historic Landmark, Inc. d/b/a ArtSpace Texas, Inc. to assist in the development of a mixed-use project
in the Victory Arts Center (formerly Our Lady of Victory Convent) located at 3300 Hemphill Street.
Funding for the loan came from the City's federal Home Investment Partnerships (HOME) program to
be paid in five years.
The space is being marketed as an artist community, but not exclusively. Rents are anticipated to
range from $530 to $1,800 a month. As a condition for City funding, eight of the apartments will be set
aside for low to moderate-income residents, and will rent for about 55 cents a square foot.
On February 15, 2000 (M&C C-17860), the City Council approved an amendment of the contract to
extend the loan term from 5 years to 15 years.
On December 19, 2000, the City Council adopted a resolution authorizing the Issuance of $45 million M
Certificates of Obligation to address critical projects which included $2.5 million in development funds to
I supplement the 1998 Capital Improvement Program new development funds.
This project will include reconstruction of curb and gutter and sidewalks to City standards. It will
1 improve pedestrian and vehicular safety,
U
This development is locafed in COUNCIL D1S-_TR1r'T 9,
Ci,,.,l of Fort Worth, Texas
01f61" ou cit
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DATE REFERENCE NUMBER I LOG NAME PAGE
1/14/03 i C-19426 20VICTORY 1 2-of 2
SUBJECT ENT WITH HISTORIC LANDMARK, INC. D/B/A
COMMUNITY FACILITIES AGREEMENT
ARTSPACE TEXAS, INC. FOR THE INSTALLATION OF PARKWAY IMPROVEMENTS
TO BENEFIT THE VICTORY ARTS CENTER LOCATED AT 3300 HEMPHILL STREET
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Critical Capital Projects Fund.
MO:k
N'
Submitted for City Tanager's FUNTD ACCOUNT CENTER AMOU T CITY SECRETARY
Office bit:
tt 8476
N-lare O
Originating Department Head:
P P ROVED / 1/0
01143
Robes,Goode 780 4 11 (ftom" -A
020116,3638-11
1 C!16 54 12 0-0 $52MO.00
Additional Information Contact:
joe Ternus