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HomeMy WebLinkAboutContract 45721-A1 AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. o�� COUNTY OF TARRANT § AUTHORIZING M&C NO. C-27046 WHEREAS, the City of Fort Worth ("City") and CentrePort Venture, L.P. ("Developer") entered into a Community Facilities Agreement, City Secretary Contract No. 45721 ("CFA"); and WHEREAS, it has become necessary to execute Amendment No. 1 to the CFA to allow City participation up to an amount of $200,000.00 for the City's portion of costs associated with the design and construction of a new 42-inch storm drain facility and the abandonment of two existing storm drain facilities (27-inch and 36-inch) in the vicinity of the Project Location, as more specifically outlined in Exhibit "B-2" (collectively, the "Additional Storm Drain Project Work"); and WHEREAS, the City Council authorized execution of Amendment No. 1 to the CFA on October 21, 2014 via M&C C-27046; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, hereby agree to amend the CFA as follows: 1. Section D, General Requirements, is hereby amended to add the Additional Storm Drain Project Work, as set forth in Exhibit "B-2," as Improvements authorized under the CFA. Exhibit "B-2" is attached hereto and hereby made a part of this CFA for all purposes. 2. Developer will be responsible for payment of all costs of the Improvements, including the Additional Storm Drain Project Work, except that the City will reimburse Developer for up to $200,000.00 of Developer's actual expenditures for the Additional Storm Drain Project Work, conditioned upon compliance by Developer with all of the following: (i) the granting, at no cost to the City, of an easement or easements for the new storm drain facilities constructed as part of the Additional Storm Drain Project Work, in a form and m under conditions acceptable to the City; (ii) issuance by December 31, 2015 of a temporary or final certificate m of occupancy for all space intended to be used for residential purposes (including associated common areas) :�E within at least one residential apartment building constructed on property located at 4328 & 4350 CentrePort o Boulevardand owned by Alliance Realty Partners, LLC, or a lawful assignee or successor in interest thereof; and (iii) a Good Faith Effort (as that term is defined in Section 20-366 of the City Code, as amended) is made to expend at least 20% of construction costs for the Additional Storm Drain Project Work with Minority Business Enterprises or Small Business Enterprises (as those terms are defined in Section 20-366 of the City o Code, as amended), which Good Faith Effort must be documented and verified by the City in accordance with procedures outlined in Chapter 20, Article X of the City Code, as amended. All other provisions of the CFA, which are not expressly amended heichi, shatt zennuin in full force and effect. OFFICIAL RECORD CITY SECRETARY AMENDMENT NO.1 �'r.WORTHT City Secretary Contract No.45721 Page 1 of 3 1 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, attested by its City Secretary,with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this day of , 206! Approved by City Manager's Office: Developer: Fernando Costa Name: aniel J. Bradley Assistant Ci y anager Title Authorized Signatory Date: /s- Dater Recommended By: Water Department Transportation &Public Works N/A Wendy Chi-Babulal,EMBA, P.E. DouglasV.Wiersig, P.E. Development Engineering Manager Director N/A AOR T Andrew T. Cronberg,P.E. ��C °°°°°°°a,°�► Acting Director °° 4b Approved as to Form &Legality: ATTEST: 0000°°° EXP►S Doug as W. Black Mary J. y //� Assistant City Attorney City Secretary M&C No.: T*,0Y6 Date: (o -zt- t M rOFFICIAL RECORD SECRETARYAMENDMENT NO.1 ORTH'TX City Secretary Contract No.45721 Page 2 of 3 e rlxnibits B-2: Additional Storm Drain Project Work N RECORD RETARY TH, TX AMENDMENT NO.1 City Secretary Contract No.45721 Page 3 of 3 e� co A 99 I i I I � uix�Ic r'eoq,nl 1 I i I � 1 OFFICIAL RECORD ^\ r- - -- I CITY SECRETARY FT. 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C U W .--I N M Irl l0 1� W m .-i N N N -1 .Ln O-i .-4 a a U O °1 a M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT T I I COUNCIL ACTION: Approved on 10/21/2014 DATE: 10/21/2014 REFERENCE **C-27046 LOG NAME: 17ECFACENTREPORT NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment to City Secretary Contract No. 45721, Community Facilities Agreement with CentrePort Venture, LP, to Add City Participation in an Amount Not to Exceed $200,000.00 for the Relocation of Two Existing Storm Drain Facilities and the Construction of a New Storm Drain Line in the Vicinity of the Intersection of Centreport and Trinity Boulevards (COUNCIL DISTRICT 5) RECOiv MENDA T ION: It is recommended that the City Council authorize the execution of an amendment to City Secretary Contract No. 45721, a Community Facilities Agreement with CentrePort Venture, LP, to add City participation in an amount not to exceed $200,000.00 for the relocation of two existing storm drain facilities and the construction of a new storm drain line in the vicinity of the intersection of Centreport and Trinity Boulevards. DISCUSSION: In June 1980, the City granted CentrePort Venture, L.P. (CentrePort), an exclusive option to purchase a portion of property formerly known as Greater Southwest International Airport in the Centreport Area. Since execution of the Option, CentrePort has taken down tracts of land in the area as they were ready for development. In August 2014, CentrePort conveyed a tract to Alliance Realty Partners, LLC (Alliance), for a multifamily development. CentrePort also entered into a Community Facilities Agreement (CFA) with the City under which CentrePort will construct approximately $1,061,030.00 of water, sewer, strom drain, street light and traffic signal improvements in the area (City Secretary Contract No. 45721). It has since been discovered that two storm drain facilities associated with the tract conveyed to Alliance that must also be relocated. In order to move forward with the planned development, Staff recommends that the CFA be amended to add City participation in an amount not to exceed $200,000.00 so that the two storm drain facilities can be relocated into a new single storm drain. In order to receive the City funding for this portion of the project, CentrePort must comply or cause compliance with the following requirements: 1. Design and construction of the new storm drain facility must be in accordance with City standards; 2. An easement for the new storm drain facility must be conveyed to the City at no cost to the City; 3. Any costs above $200,000.00 for the design and construct the new storm drain facility will be the responsibility of CentrePort, Alliance or an assignee; 4. A Certificate of Occupancy for at least one residential building in the development planned by Alliance must be issued by December 31, 2015; and 5. Make a good faith effort to expend at least 20 percent of construction costs for the new storm drain facility with Fort Worth Certified M/WBE Companies. This project is located in COUNCIL DISTRICT 5, Mapsco 56Q. FISCAL INFORIMIATION/CERTIFICATION: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20440&councildate=10/2l/2014 01/07/2015 &C Review Page 2 of 2 The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the New Development Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C202 541200 175770242180 $200.000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) Avis F. Chaisson (6342) ATTACHMENTS ECFA Alliance Map.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=20440&councildate=10/21/2014 01/07/2015 F•• , A�tJWOldld LO Ld ! 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