HomeMy WebLinkAboutContract 61607NON-EXCLUSIVE LICENSE AND ACCESS AGREEMENT
FORT WORTH AREA HABITAT FOR HUMANITY INC.
THIS NON-EXCLUSIVE LICENSE AND ACCESS AGREEMENT (the “License
Agreement”) is made and entered into by and between THE CITY OF FORT WORTH, a Texas
home rule municipal corporation (the “City”), acting by and through its duly authorized Assistant
City Manager, and FORT WORTH AREA HABITAT FOR HUMANITY INC., a Texas non-
profit corporation (the “Licensee”), acting by and through its duly authorize representative.
WHEREAS the City is the owner of that certain real property known as 2213 Western
Avenue, Fort Worth, Texas 76107 (collectively, the “Property”); and
WHEREAS City wishes to allow Licensee to access the Property for the purpose of
deconstructing and salvaging items (including, but not limited to, cabinets, sinks, faucets, toilets,
doors, flooring, appliances, water heaters, heating and cooling units, windows, hand rails, fences
and gates, light fixtures, and electrical boxes, switches, and plates) from structures located on the
Property in accordance with Licensee’s ReStore division; and
WHEREAS Licensee agrees that all proceeds generated by such deconstruction and
salvage will be used by Licensee to build quality, affordable homes within the City of Fort Worth.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.Purpose. The City, in consideration of the covenants and agreements hereinafter
contained to be kept and performed by Licensee, hereby grants a non-exclusive license to Licensee
for the sole purpose of deconstructing and salvaging items (including, but not limited to, cabinets,
sinks, faucets, toilets, doors, flooring, appliances, water heaters, heating and cooling units,
windows, hand rails, fences and gates, light fixtures, and electrical boxes, switches, and plates)
from structures located on the Property in accordance with Licensee’s ReStore division (the
“Permitted Use”).
Licensee's right to enter upon and use the Property shall be limited solely to the Permitted
Use and only upon the terms provided herein. Licensee acknowledges and agrees that (i) the rights
granted to Licensee pursuant to this License are solely contractual in nature and (ii) this License
Agreement is not intended to convey and does not convey to Licensee any interest in real property
or any portion of the Property.
2.Use Not Exclusive. This License Agreement and all rights granted to Licensee
herein are strictly non-exclusive. The City reserves the right to enter into and grant other and
future licenses, leases, and other authorizations for use of the Property to other persons and entities
as the City deems appropriate in accordance with applicable law.
3.Acceptance of the Property. Licensee takes all portions of the Property in “AS-IS”
condition without any express or implied warranty on the part of the City. Licensee accepts the
Property in its present condition, finds it suitable for the purposes intended, and further
acknowledges that Licensee is thoroughly familiar with such condition by reason of personal
inspection and does not rely on any representations by the City as to the condition of the Property
or its suitability for the purposes intended. Licensee accepts the Property a subject to any and all
previously recorded easements that may have been granted on, along, over, under, or across said
property, and releases the City from any and all damages, claims for damages, loss, or liabilities
that may be caused to invitees, licensees, contractors, or trespassers by reason of the exercise of
such rights or privileges granted in said easements. Licensee's taking possession of the Property
shall be conclusive evidence that: (a) the Property is suitable for the purposes and uses for which
same are granted; and (b) Licensee waives any and all defects in and to the Property. The City
shall not be liable to Licensee, its agents, employees, contractors, subcontractors, invitees,
licensees, or guests for any damage to any person or property due to the acts or omissions of
Licensee, its agents, employees, contractors, or subcontractors.
4. Term.
a. This License Agreement shall be effective beginning July 5, 2024 and shall remain
in full force and effect until the earlier to occur of (i) July 8, 2024, or (ii) the date that the Licensee
has completed its Permitted Use of the Property. City and Licensee may agree to extend the Term
by their written, mutual consent.
b. No use of or access to the Property shall be allowed outside of the designated Term.
Licensee’s rights in and to the Property hereunder shall be strictly limited and shall fully and
absolutely terminate and be of no further force and effect at the conclusion of the Term. After the
Term ends, all rights of Licensee in and to the Property shall, automatically and without the need
for any further documentation, fully and unconditionally terminate, whereupon Licensee shall have
no right of entry or use of the Licensed whatsoever.
c. City shall have the right to terminate this License Agreement at any time for any
reason or for no reason at all by giving Licensee one (1) day’s written notice.
d. Licensee shall notify the City at least two (2) days before Licensee’s entrance upon
and use of the Property and the City reserves the right to have a representative of the City present
during Licensee’s use of the Property.
5. Consideration. Nothing herein shall constitute an obligation of City funds. Neither
party shall owe any amount of money for any reason whatsoever to the other party for services
rendered in connection with this License Agreement. City shall not be liable nor owe any payment,
fee, cost, penalty, or money for any other reason whatsoever to Licensee. City and Licensee
expressly agree and stipulate that this License Agreement is based on valuable consideration and
an exchange of promises that will be independently beneficial to both parties. Specifically,
Licensee agrees that the City will provide a benefit to Licensee by allowing its Permitted Use of
the Property. Licensee has accepted this as valuable consideration for its obligations under this
License Agreement. Additionally, City agrees that the Licensee will provide a benefit to City by
providing using the proceeds from the Permitted Use to construct quality, affordable homes in the
City of Fort Worth.
6. Public Safety and Protection of the Environment.
a. Licensee shall be solely responsible for initiating, maintaining, and supervising all
safety and security precautions and programs in connection with Licensee's use of the Property.
b. Licensee shall not knowingly, nor permit any third party using the Property with
the express permission of Licensee to, use, handle, or store any Hazardous Materials on, under,
over, or about the Property in violation of any applicable laws. Licensee shall not handle or store
any Hazardous Materials on the Property, except that the Licensee may, in compliance with
applicable environmental laws and the terms of this paragraph, use and store Hazardous Materials
in such amounts and types that are commonly used in connection with the uses permitted herein,
provided, however, that Licensee specifically agrees to remove any and all such Hazardous
Materials on or before the final day of the Term. Licensee shall not introduce, use, generate, store,
accept, or dispose of on, under, or about, transport across, the Property any “treatment, storage or
disposal facility” or “underground storage tank,” as those terms are defined under applicable
environmental laws. For purposes of this License Agreement, “Hazardous Materials” shall mean
potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not
limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels
(including crude oil or any fraction or derivative thereof); underground storage tanks, and
substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any
Hazardous Materials used by the Licensee on the Property shall be posted on site and a list shall
be given to City.
c. Licensee shall take commercially reasonable steps to avoid creating or aggravating
any condition at the Property that could present a threat to human health and safety or to the
environment.
7. Safeguard of the Property. Licensee shall take diligent and sufficient measures to
insure and safeguard the Property. It is understood and agreed that City shall have no liability
whatsoever for the safety or security of Licensee or Licensee’s employees, officers, agents,
contractors, invitees, assigns, or those holding under Licensee, nor for any personal property
belonging to those individuals or entities. Notwithstanding any other provisions herein,
Licensee expressly waives all claims, if any, against City with respect to third party property
or liability claims and claims regarding Licensee’s property or the property of any of
Licensee’s agents, employees, contractors, or invitees.
8. Duty of Care in Deconstruction. Licensee shall use diligent care during the Term
to avoid damaging any existing buildings, equipment, or vegetation on or about the Property and
any adjacent property, unless such damage is required for the Permitted Use. If the Licensee causes
damage to the Property or to any adjacent property other than as required for the Permitted Use,
Licensee shall immediately replace or repair the damage at no cost or expense to the City. If
Licensee fails or refuses to make or effect any such repair or replacement, Cityshall have the right,
but not the obligation, to make or effect any such repair or replacement at the sole cost and expense
of Licensee, which cost and expense Licensee agrees to pay to City upon written demand.
9. Governmental and Other Approvals. Licensee shall be solely responsible, at
Licensee’s sole cost and expense, for obtaining all governmental, regulatory, utility, or other
approvals, permits, or rights of access necessary for Licensee’s intended use of the Property,
including, without limitation, permits required by the City of Fort Worth (collectively,
the “Approvals”). Licensee shall not make any submissions or applications to, or correspond with,
any governmental entity regarding the Property with respect to such Approvals without City’s
prior written consent, which consent shall not be unreasonably withheld. City shall reasonably
cooperate with Licensee’s efforts to obtain the Approvals, at no cost or liability to City.
10. Minimizing Impact to Vegetation and Utilities.
a. Licensee shall not cut or remove any trees on the Property unless otherwise
expressly permitted by the City in writing.
b. Prior to conducting any work on the Property, Licensee shall use its best efforts to
locate and physically mark all utilities (including, but not limited to, electric lines, waterlines,
sewer lines, storm drains and lines, and gas lines) within the Property, which shall include, but not
be limited to, conducting a dig test.
c. If Licensee encounters any utility infrastructure (including, but not limited to,
electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in
connection with Licensee's use of the Property, Licensee agrees to cease operations and install
protective matting or other protective measures over or around such utilities in compliance with
specifications approved by the City. Following installation of any required protective measures,
Licensee shall contact the City to arrange for inspection and approval by appropriate City
personnel.
11. Repair and Restoration. To the extent that any portion of the surface or subsurface
of the Property is damaged or disturbed in connection with Licensee’s activities under this License
Agreement, except as required for the Permitted Use, Licensee shall restore the surface or
subsurface of the Property in a good and workmanlike manner to a condition that is equal to or
better than the one in which such property existed prior to such damage or disturbance.
12. LIABILITY AND INDEMNIFICATION.
a. Licensee agrees to pay City for all damages suffered or incurred by City as a direct
result of any of operations on or from the Property conducted for or by Licensee, its agents,
employees or representatives, including, but not limited to, all damage or injury to buildings,
fences, equipment, and all other property, whether real or personal, except as such damage may be
required for the Permitted Use.
b. LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS
CITY, CITY'S MEMBERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES,
AGENTS, LEGAL REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS
(COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS,
DEMANDS, AND CAUSES OF ACTION BROUGHT AGAINST AND ANY RESULTING
LIABILITIES, LIENS, DAMAGES, LOSSES, REMEDIATION, REMOVAL OR
CLEAN-UP OBLIGATIONS, FINES, PENALTIES, JUDGMENTS AND EXPENSES
(INCLUDING WITHOUT LIMITATION, COURT COSTS, COSTS OF
INVESTIGATION AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR
DESCRIPTION WHATSOEVER FOR ANY LOSS OF OR DAMAGE TO PROPERTY OR
INJURY TO OR DEATH OF ANY PERSON INCIDENT TO, CAUSED BY, RESULTING
FROM OR ARISING OUT OF (A) LICENSEE’S EXERCISE OF THE RIGHTS
GRANTED HEREIN, OR (B) ANY ACT OR OMISSION OF LICENSEE, ANY
CONSULTANT, CONTRACTOR, SUBCONTRACTOR, OR AGENT OF LICENSEE,
ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANYONE THAT
THEY CONTROL OR EXERCISE CONTROL OVER (COLLECTIVELY, "CLAIMS").
THE INDEMNITEES WILL NOT BE LIABLE IN ANY MANNER TO LICENSEE
OR TO ANY OTHER PARTY AS A RESULT OF THE ACTS OR OMISSIONS OF
LICENSEE OR ITS CONSULTANTS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OR OTHERS IN OR ON THE CITY’S PROPERTY WITH THE
PERMISSION OF LICENSEE. ALL PERSONAL PROPERTY (INCLUDING WITHOUT
LIMITATION ALL MOTOR VEHICLES) UPON THE CITY’S PROPERTY WILL BE AT
THE RISK OF LICENSEE, AND THE INDEMNITEES WILL NOT BE LIABLE FOR
ANY DAMAGE THERETO OR THEFT THEREOF, EVEN IF SUCH DAMAGE OR
THEFT IS DUE IN PART TO THE NEGLIGENCE OF AN INDEMNITEE. NO PARTY
WILL HAVE ANY RIGHT OR CLAIM AGAINST ANY INDEMNITEE FOR ANY
PROPERTY DAMAGE (WHETHER CAUSED BY NEGLIGENCE OR THE CONDITION
OF ALL OR PARTY OF THE PROPERTY) BY WAY OF SUBROGATION OR
ASSIGNMENT, LICENSEE HEREBY WAIVING AND RELINQUISHING ANY SUCH
RIGHT. THE OBLIGATIONS OF LICENSEE SET FORTH HEREIN SHALL SURVIVE
ANY EXPIRATION OF THIS LICENSE AGREEMENT.
c. LICENSEE COVENANTS AND AGREES THAT CITY SHALL IN NO
WAY OR UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY PROPERTY
BELONGING TO LICENSEE, ITS MEMBERS, EMPLOYEES, AGENTS,
CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR TRESPASSERS
THAT MAY BE STOLEN, DESTROYED, OR IN ANY WAY DAMAGED, AND
LICENSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND
ALL SUCH CLAIMS.
d. Licensee agrees that City shall not be liable for any loss, injury or damage
whatsoever suffered or incurred by Licensee or Licensee’s agents, employees or representatives
while on the Property.
13. Insurance. The Licensee and its contractors and subcontractors shall procure and
maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as
specified herein, naming the City as an additional insured and covering all public risks related to the
use, occupancy, condition, maintenance, existence or location of the Property and the Permitted Use.
The required insurance may be met by a combination of self-insurance, primary and excess policies.
a. Primary Liability Insurance Coverage.
Commercial General Liability:
$1,000,000 per occurrence, $2,000,000 in aggregate, including coverage for the
following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse and underground property damage.
Automobile Liability:
$1,000,000 per accident, including, but not limited to, all owned, leased, hired or
non-owned motor vehicles used in conjunction with the rights granted under this
License Agreement
Worker's Compensation:
As required by law; and, Employer's Liability as follows:
$1,000,000 per accident.
b. Underwriters and Certificates. The Licensee shall procure and maintain its insurance
with underwriters authorized to do business in the State of Texas and who are acceptable to the City
in terms of solvency and financial strength. Within thirty (30) days following execution of this
License Agreement, Licensee shall, upon request of City, furnish the City with certificates of
insurance signed by the respective companies as proof that Licensee has obtained the types and
amounts of insurance coverage required herein.
c. No Limitation of Liability. The insurance requirements set forth in this License
Agreement and any recovery by the City of any sum by reason of any insurance policy required under
this License Agreement shall in no way be construed or effected to limit or in any way affect
Licensee’s liability to the City or other persons as provided by this License Agreement or law.
d. This License Agreement shall immediately terminate, without further action of City,
in the event that the insurance policies required herein are canceled or amended without the written
consent of the City.
14. Compliance with Laws and Regulations.
a. In operating under this License Agreement, Licensee agrees to comply with all
applicable federal, state, and local laws, regulations, and ordinances, including all City ordinances,
charter provisions, and rules, regulations, and requirements of the City’s Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
b. Licensee will not knowingly do or suffer to be done anything on the Property during
the term of this License Agreement in violation of the laws, statutes, ordinances, rules, regulations,
charter provisions, directives or other requirements. If the City calls the attention of Licensee to
any such violation on the part of Licensee or any person employed by or admitted to the Property
by Licensee, Licensee will immediately (or otherwise as soon as reasonably possible) desist from
and correct such violation or vacate the Property.
15. Notice. All notices required under this License Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier or United
States Mail, postage prepaid, return receipt requested, at the address stated below or to such other
address as one party may from time to time notify the other in writing.
To THE CITY: To LICENSEE:
Mike Bennett, P.E., PMP Tony Zarate
Transportation/Public Works Department 4433 River Oaks Blvd
200 Texas Street Fort Worth, Texas 76114
Fort Worth, Texas, 76102
With a copy to:
Matthew A. Murray
City Attorney’s Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
(817) 392-8864
16. Third Parties. Nothing in this License Agreement shall be construed in any manner
to create a cause of action for the benefit of any person not a party to this License Agreement, or
to create any rights not otherwise existing at law for the benefit of any person not a party to this
License Agreement.
17. Prohibition Against Liens. Licensee shall not do any act or make any contract that
may be purported to create or be the foundation of any lien on or any interest in the Property. Any
such act, contract, or lien attempted to be created shall be void. Should any purported lien on the
Property be created or filed, Licenseeshall, at its sole expense, liquidate and discharge same within
thirty (30) business days after notice from the City to do so.
18. Independent Contractor. It is expressly understood and agreed that Licensee shall
operate as independent entity in each and every respect hereunder and not as an agent,
representative, or employee of the City. Licenseeshall have the exclusive control and the exclusive
right to control all details and day-to-day operations and activities relative to the Permitted Use
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. Licensee acknowledges that the
doctrine of respondeat superior shall not apply as between the City and Licensee, its officers,
agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained
in this License Agreement shall be construed as the creation of a partnership or joint enterprise
between the City and Licensee.
19. Assignment. Licensee may not sell, assign, or otherwise transfer any of its rights or
obligations under this License Agreement without the prior, written consent of the City. Any such
attempted assignment without the City's consent shall be void.
20. Miscellaneous.
a. The section headings contained herein are solely for convenience in reference and
are not intended to define or limit the scope of any provision of this License Agreement.
b. This License Agreement shall be governed by and construed in accordance with the
laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this License Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas - Fort Worth Division.
c. It is understood and agreed that by execution of this License Agreement, City
does not waive or surrender any of its governmental powers or immunities.
d. By executing this License Agreement, Licensee's agent affirms that he or she is
authorized by Licensee to execute this License Agreement and that all representations made herein
with regard to Licensee's identity, address, and legal status are true and correct.
e. This License Agreement constitutes the entire understanding and agreement of the
City and Licensee as to use of the Property. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions
of this License Agreement. This License Agreement shall not be amended unless agreed to in
writing by both parties.
f. If any clause or provision of this License Agreement is or becomes illegal, invalid
or unenforceable because of present or future laws or any rule or regulation of any governmental
body or entity, effective during the Term, the intention of the parties hereto is that the remaining
parts of this License Agreement shall not be affected thereby unless such invalidity is, in the sole
determination of the City, essential to the rights of both parties, in which event City has the right,
but not the obligation, to terminate the License Agreement on written notice to Licensee.
g. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration,
Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of
Fort Worth, City may, at City’s sole cost and expense, at reasonable times during Licensee’ normal
business hours and upon reasonable notice, audit Licensee’s books and records, but only as it
pertains to this License Agreement and as necessary to evaluate compliance with this License
Agreement.
h. This License Agreement may be executed in several counterparts, each of which
shall be deemed an original, but all of which shall constitute but one and the same document.
CITY:
By:
Jesica McEachern
Assistant City Manager
Date: ____________________, 2024
LICENSEE:
FORT WORTH AREA HABITAT FOR
HUMANITY INC.
By:
Tony Zarate
Donation and Deconstruction Director
Date: ____________________, 2024
APPROVAL RECOMMENDED:
By:______________________________
Mike Bennett, P.E., PMP
Project Manager
APPROVED AS TO FORM AND LEGALITY:
By: ________________________________
Matthew A. Murray
Assistant City Attorney
ATTEST:
By: _____________________________
Jannette S. Goodall
City Secretary
Form 1295: 2024-1152523
Contract Authorization:
M&C: 24-0487
Date: June 11, 2024
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
____________________________________________
Mike Bennett, P.E., PMP
6/26/24, 2:14 PM
CITY COUNCIL AGENDA
Create New From This M8�C
DATE:
CODE:
6/11/2024 REFERENCE
NO..
G TYPE:
**M&C 24-
0487
CONSENT
M&C Review
LOG NAME:
PUBLIC
HEARING:
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20SWM HABITAT FOR
HUMANITYAGREEMENT
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SUBJECT: (CD 7) Authorize Execution of a License Agreement with Trinity Habitat for Humanity, Inc.
for Deconstruction and Salvage of Materials from Structures on City-Owned
Property Located at 2213 Western Avenue, Fort Worth, Texas 76107 and Find that the
Donation of the Salvaged Materials to Trinity Habitat for Humanity, Inc. Serves a Public
Purpose and that Adequate Controls Are in Place to Ensure that the Public Purpose is
Accomplished
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a license agreement with Trinity Habitat for Humanity, Inc. for
deconstruction and salvage of materials from structures on a City-owned property located at
2213 Western Avenue, Fort Worth, Texas 76107; and
2. Authorize the donation of the salvaged materials to Trinity Habitat for Humanity, Inc. and find
that the donation serves the public purpose of providing decent, safe, and affordable housing
to moderate-to-low-income City residents and that the license agreement will provide
adequate controls to ensure that the public purpose is accomplished.
DISCUSSION:
This Mayor and Council Communication (M&C) recommends that the City Council authorize a license
agreement between the City of Fort Worth and Trinity Habitat for Humanity, Inc. (Habitat for
Humanity) to allow Habitat for Humanity to deconstruct and salvage usable items (such as water
heaters, cabinets, sinks and fixtures, etc.) from a single-family residence located on City-owned
property at 2213 Western Avenue, Fort Worth, Texas 76107.
The M&C would also authorize the donation of the salvaged materials to Habitat for Humanity for
resale to the general public, with the proceeds used to enable Habitat for Humanity to construct
additional quality, affordable homes in the City of Fort Worth. By approval of this M&C, Council finds
that donation of the salvaged materials will accomplish the public purposes of (i) benefitting low-to-
moderate-income residents by supporting Habitat for Humanity's mission of providing quality,
affordable housing; (ii) diverting re-usable materials from the landfill; and (iii) reducing the City's costs
to fully demolish structures on the property. By approval of this M&C, Council also finds that the
license agreement is an adequate control to ensure that the public purpose is accomplished.
Portions of the Central Arlington Heights Neighborhood are subject to severe localized flooding during
rain events. Mitigating flood risk to the neighborhood through traditional drainage system
improvements, such as increasing the capacity of the pipe system, is cost
prohibitive. Therefore, voluntary property acquisition was pursued to relieve residents in the most
flood-prone homes from ongoing exposure to flood damages. Funding was appropriated from the
Stormwater Capital Projects Fund to pursue the voluntary property acquisition strategy to mitigate
chronic flood risk. This home at 2213 Western Avenue is one of the more flood-prone structures in the
neighborhood and, as such, the property owners agreed to participate in the voluntary acquisition
program. On August 27, 2019, the City Council authorized the purchase of the subject property
(M&C 19-0080).
apps.cfwnet.org/council_packet/mc_review.asp?ID=32194&councildate=6/11 /2024 1 /2
6/26/24, 2:14 PM
M&C Review
In total, eleven flood-prone structures were voluntarily acquired. Two of the structures, 2209/2211
Western Avenue and 2217/2219 Western Avenue, acquired with grant funding from the Federal
Emergency Management Agency (FEMA), have already been demolished as a requirement of the
FEMA grant funding. Deconstruction and salvage by Habitat for Humanity was authorized for the
initial two properties on August 23, 2022 by M&C 22-0635. Demolition of 2213 Western Avenue,
which is between the two previously demolished properties, is being pursued to create one
contiguous greenspace which will provide for more effective maintenance by the City and use of the
greenspace by the community.
Once Habitat for Humanity has finished salvaging the property, the City will fully demolish the
structure and maintain the property as greenspace.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect
on City funds.
Fund Department
ID
Account Project Program Activity Budget Reference # Amount
ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID � ID I Year (Chartfield 2) � I
Submitted for City Manager's Office by_ Jesica McEachern (5804)
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Lauren Prieur (6035)
Linda Young (2485)
HABITAT FOR HUMANITYAGREEMENT CAH FORM 1295.pdf (CFW Internal)
HABITAT FOR HUMANITYAGREEMENT CAH MAP.pdf (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=32194&councildate=6/11 /2024 2/2