HomeMy WebLinkAboutContract 46724 CITY SECRETAI�
C0NTRACT Ij®.
FACADE IMPROVEMENT PROGRAM REIMBURSEMENT
AGREEMENT
This FACADE IMPROVEMENT PROGRAM REIMBURSEMENT AGREEMENT
("Agreement") is entered into by and between the CITY OF FORT WORTH ("City"), a
home rule municipality organized under the laws of the State of Texas, and 2925 Race, LLC
("Developer"), a Texas Limited Liability Company. City and Developer may be referred to
individually as a"Party" and jointly as the "Parties".
RECITALS
City and Developer hereby agree that the following statements are true and correct and
constitute the basis upon which City and Developer have entered into this Agreement:
A. On or about September 7, 1979, the City entered into that certain Urban
Development Action Grant Agreement with the United States Department of Housing and Urban
Development Grant ("UDAG")No. B-79-AA-48-0013 for use in acquiring land and constructing
a parking garage located under General Worth Park in downtown Fort Worth (City Secretary
Contract No. 10610) (the "UDAG Grant Agreement"), as more specifically set forth in the
UDAG Grant Agreement. The City has leased this parking garage under that certain Lease
Agreement (Parking Garage Lease) dated on or about May 22, 1980, by and between City and
Hunt Hotel/Fort Worth, Ltd. (City Secretary Contract No. 11085, as amended and assigned).
Rental revenues from this lease are deemed "Grant Revenues" under the UDAG Grant
Agreement (the "UDAG Grant Fund Proceeds"). The UDAG Grant Agreement allows the
City to use the UDAG Grant Fund Proceeds for community or economic development activities
eligible for assistance under Title I of the Housing and Community Development Act of 1974,
Pub. L. No. 93-383, as amended (the "Act").
B. The purpose of the Urban Village Storefront/Facade Improvement Program
("Facade Improvement Program") is to encourage local businesses to improve
storefronts/fayades in eligible areas, and to promote commercial revitalization and economic
development. The Fayade Improvement Program is funded with revenues generated from the
City-owned parking garage located under General Worth Square originally funded with Urban
Development Action Grant ("UDAG") funds. . The Fayade Improvement Program provides
$1.00 for every $3.00 spent up to $30,000.00.
Developer owns or is authorized to undertake the fayade improvements to a building
located on certain real property in the City commonly described as 2925 Race Street, Fort Worth
TX 76111. The building and the proposed facade improvements, along with other
N improvements, consists of facade stabilization and structural improvements (collectively the
`;1 "project"). A rendering that identifies the proposed fayade improvements to the building and
the estimated cost of the improvements is set forth in Exhibit "A", attached hereto and hereby
made a part of this Agreement for all purposes (the "Improvements").
a
LLJ OFFICIAL RECORD
LLJ CITY SECRETARY
LLJ
Page 1 of 12 FT. WORTH,TX
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
C. The 2014 Comprehensive Plan, adopted by the City Council under Ordinance No.
21164-03-2014 (the "Comprehensive Plan"), recommends that the City focus on revitalization
of the Central City, as defined in the Comprehensive Plan. The Comprehensive Plan specifies
that one of the principal means of revitalization of the Central City will be the redevelopment of
distressed commercial corridors, especially in the vicinity of urban villages, which are highly
urbanized places that have a concentration of jobs, housing units, commercial uses, public
spaces, public transportation and pedestrian activity, and are typically located along priority
commercial corridors. The project is located in the Six Points Urban Village, which, in
accordance with the Comprehensive Plan, the City Council has been selected as one of 10 areas
in the City where revitalization efforts are most needed and where the use of public incentives
can most sensibly be focused.
D. The Improvements qualify as community or economic development activity
eligible for assistance under Title I of the Act. The City Council has determined that activities
such as the Improvements will benefit the City and constitute a positive step in revitalization of
the Central City and the designated Urban Village, in particular. The City Council has also
determined that, by entering into this Agreement, the potential economic benefits that will accrue
to City under the terms and conditions of this Agreement are consistent with City's economic
development objectives as set forth in the Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. INCORPORTION OF RECITALS.
City and Developer hereby agree that the recitals set forth above are true and correct and
form the basis upon which City and Developer have entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms have the
definitions ascribed to them herein:
Act has the meaning ascribed to it in Recital A.
Building means, for funding purposes, a contiguous structure with shared walls, not
including firewalls.
Complete Documentation means a report or reports in a form reasonably acceptable to
the City that contains a summary of the costs expended for the Improvements covered by the
report, with the following supporting documentation: (i) copies of invoices for all completed
work and other documents necessary to demonstrate that the amounts represented were actually
paid, including, without limitation, final lien waivers signed by the general contractors or
appropriate subcontractors; (ii) copies of all City permits issued for this work and City-issued
Page 2 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
"pass" inspections for this work; and (iii) any other documents or records reasonably necessary
to verify costs spent for the Improvements or to otherwise comply with UDAG Regulations.
Completion Deadline means December 31, 2014.
Comprehensive Plan has the meaning ascribed to it in Recital C.
Developer means a legal entity/party that enters into a Facade Improvement Program
Reimbursement Agreement with City to receive funds from the Facade Improvement Program.
Director means the Director of the City's Neighborhood Services Department or
authorized designee.
Effective Date means the date that the City issues a building_permit for the project.
Eligible Improvements means any construction or aesthetic alteration made to the side
of the Building parallel to the primary right-of-way and improvements to the interior wall of the
Facade caused as a result of improvements to the Fayade, as approved by City. Eligible
improvements are limited to the following: signage attached to the Fayade, painting, siding,
brick/stone/masonry, glass, windows, doors, trim, awnings, and structural improvements to the
Fayade or exterior lighting attached to the Fayade.
Facade means the portion of the Building parallel to the primary right-of-way as
determined by City.
Facade Improvement Program has the meaning ascribed to it in Recital B.
Force Maieure means an event beyond a Party's control, including, without limitation,
acts of God, fires, strikes, national disasters, wars, terrorism, riots, material or labor restrictions,
and, with respect to Developer, unreasonable delays by the City in issuing any permits with
respect to the Improvements or inspection of any of the Improvements (taking into account the
City's then-current workload with respect to the issuance of permits or the conducting of
inspections), but does not include construction delays caused due to purely financial matters
involving any entity, including, but not limited to, Developer, such as, without limitation, delays
in the obtaining of adequate financing.
HUD means the United States Department of Housing and Urban Development.
Improvements has the meaning ascribed to it in Recital B and as further described in
Exhibit "A".
Owner means the owner of the real property on which the Building is located.
Records means all financial and business records of Developer or provided to Developer
that relate to the Improvements or that contain information necessary for the City to calculate or
verify Developer's compliance with this Agreement.
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Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
UDAG means Urban Development Action Grant and the grant program of the same
name administered by HUD.
UDAG Grant Agreement has the meaning ascribed to it in Recital A.
UDAG Grant Fund Proceeds has the meaning ascribed to it in Recital A.
UDAG Regulations means the Act and all other laws, rules, regulations, and contractual
obligations pertaining to UDAG and the use of the UDAG Grant Fund Proceeds.
3. TERM.
3.1 This Agreement will commence on the Effective Date and terminate on December
31, 2014, subject to the provisions of Section 6 of this Agreement, unless terminated earlier as
provided herein.
3.2 This Agreement may be extended by the City in its sole discretion upon written
request from the Developer.
4. DEVELOPER'S OBLIGATIONS.
4.1. Completion of Improvements.
Developer must expend at least $49,200.00 for the Facade Improvements, which amount
is subject to written verification by the Director based on Complete Documentation submitted to
City by Developer in accordance with this Agreement.
4.2. Reports.
Developer must supply any additional information requested by City that is necessary to
assist the City in demonstrating compliance with UDAG Regulations and conditions of this
Agreement.
4.3. Inspection of Improvements.
Following reasonable advance notice to Developer, the City will have, and Developer
will provide or cause to be provided, access to the project, in order for the City to inspect the
project and evaluate the Improvements to ensure compliance with the terms and conditions of
this Agreement. Developer will cooperate fully with the City during any such inspection and/or
evaluation.
4.4. Audits.
City will have the right to audit Developer's Records for the project at any time during
the Term of this Agreement and for 3 years thereafter in order to ensure compliance with this
Agreement. Developer must make all Records available to the City following reasonable
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Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
advance notice by the City and will otherwise cooperate fully with the City during any audit.
This Section 4 will survive the expiration or earlier termination of this Agreement.
4.5 Approvals.
Prior to commencement of construction of the Improvements, all Federal, state, and/or
local approvals necessary to complete the Improvements must be provided. Necessary approvals
may include:
1. City's Historic and Cultural Landmarks Commission;
2. City's Zoning Commission;
3. City's Urban Design Commission;
4. City's Downtown Design Review Board;
5. City's Plan Commission;
6. City's Building Standards Commission; and
7. Permitting.
5. REIMBURSEMENT BY CITY
Subject to all terms and conditions of this Agreement, City will reimburse Developer
upon completion of the Improvements as follows:
5.1. Program Reimbursement.
City will pay Developer up to $30,000 in eligible expenses on a reimbursement basis
provided that Developer: (i) completes the Improvements by the Completion Deadline; (ii)
submits Complete Documentation to City with respect to the Improvements; and (iii) City has
verified that Developer spent at least $49,200.00 on the Facade Improvements based on
inspection and Complete Documentation. The amount City shall reimburse Developer will be
based on the amount spent by Developer on the Facade Improvements. City shall reimburse
$1.00 for every $3.00 spent by Developer. For example, if Developer spends $30,000.00, City
will reimburse $10,000.00.
5.2. Source of Funds; Allocation Limitations.
Notwithstanding anything to the contrary herein, it is understood and agreed that funding
under this Agreement will come from currently available UDAG Grant Proceeds and will be paid
only in accordance with and subject to UDAG Regulations and any other applicable HUD
requirements. It is specifically agreed by Developer that no other City funds or bond proceeds
shall be paid in connection with this Agreement.
Page 5 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
6. DEFAULT AND TERMINATION.
6.1. Failure to Complete Improvements.
If Developer fails to spend $49,200.00, complete the improvements by the Completion
Date and submit Complete Documentation, City will have the right to terminate this Agreement
effective immediately upon written notice to Developer.
6.2. Failure to Submit Reports.
If Developer fails to submit any documentation required by Section 4.2, City will notify
Developer in writing and Developer will have 10 calendar days from the date of receipt of the
notice to submit the requested documentation to City. If Developer fails to submit the requested
documentation within that time, City will have the right to terminate this Agreement effective
immediately upon written notice to Developer.
6.3. In General.
Subject to Sections 6.1 and 6.2 and unless specifically provided otherwise in this
Agreement, Developer will be in default if Developer breaches any term or condition of this
Agreement. In the event that the breach remains uncured after 10 calendar days following
receipt of written notice by City referencing this Agreement (or, if Developer has diligently and
continuously attempted cure following receipt of written notice but reasonably requires more
than 10 calendar days to cure, then an additional amount of time as is reasonably necessary to
effect cure, as determined by the Parties mutually and in good faith), the City will have the right
to terminate this Agreement effective immediately upon provision of written notice to
Developer.
6.4. By Mutual Agreement.
The Parties may terminate this Agreement by mutual written agreement.
6.5. Knowing Employment of Undocumented Workers.
Developer acknowledges that effective September 1, 2007, City is required to comply with
Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 (80th Texas
Legislature), which relates to restrictions on the use of certain public subsidies. Developer hereby
certifies that Developer, and any branches, divisions, or departments of Developer, does not and
will not knowingly employ an undocumented worker, as that term is defined by Section
2264.001(4) of the Texas Government Code. In the event that Developer, or any branch,
division, or department of Developer, is convicted of a violation under 8 U.S.C. Section 1324a(1)
(relating to federal criminal penalties and injunctions for a pattern or practice of employing
unauthorized aliens):
• if the conviction occurs during the Term of this Agreement, this Agreement will
terminate contemporaneously upon the conviction (subject to any appellate rights that
may lawfully be available to and exercised by Developer); or
Page 6 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
• if the conviction occurs after expiration or termination of this Agreement, subject to
any appellate rights that may lawfully be available to and exercised by Developer,
Developer must repay, within 120 calendar days following receipt of written demand
from the City, the amount of the Reimbursement plus Simple Interest at a rate of 4%per
annum.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Developer will operate as an independent
contractor in each and every respect hereunder and not as an agent, representative or employee of
City. Developer will have the exclusive right to control all details and day-to-day operations
relative to the project and the Improvements and will be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and
invitees. Developer acknowledges that the doctrine of respondeat superior will not apply as
between City and Developer, its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. Developer further agrees that nothing in this Agreement
will be construed as the creation of a partnership or joint enterprise between City and Developer.
8. INDEMNIFICATION AND RELEASE.
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS,ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE
OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY, AND DEVELOPER HEREBYASSUMES ALL LIABILITY
AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS
CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN
WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
DEVELOPER LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL
INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS,
MEMBERS,AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES,
Page 7 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PAR T, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH DEVELOPER AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY DEVELOPER TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS
ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE
OR DEATH.
DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED
IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
CITY'S SOLE OR CONCURRENT NEGLIGENCE.
DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS A
RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORMAS ABOVE.
9. NOTICES.
All written notices called for or required by this Agreement must be addressed to the
following, or another party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery:
City: Developer:
Attn: Director Attn: Pretlow Riddick
Neighborhood Services Department 2925 Race Street, LLC
1000 Throckmorton St. 14160 N. Dallas Parkway, Suite 750
Fort Worth, TX 76102 Dallas, Texas 75254
with a copy to:
Attn: Vicki Ganske
City Attorney's Office
1000 Throckmorton St.
Fort Worth, TX 76102
10. ASSIGNMENT AND SUCCESSORS.
Developer may not assign, transfer or otherwise convey any of its rights and obligations
under this Agreement to another party without the written consent of the City, which consent will
not unreasonably be withheld or delayed, conditioned on prior execution by the proposed
Page 8 of 12
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
assignee or successor of a written agreement with the City under which the proposed assignee or
successor agrees to assume all covenants and obligations of Developer under this Agreement.
Any lawful assignee or successor in interest of Developer under this Agreement will be deemed
the "Developer" for all purposes under this Agreement. The City may assign this agreement to
any party provided that the assignee agrees to assume the rights and obligations of the City under
this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
This Agreement will be subject to, and the Parties must comply with, all applicable
Federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all
provisions of the City's Charter and ordinances, as amended.
12. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, City does not waive or surrender
any of it governmental powers.
13. NO WAIVER.
The failure of either Party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder will not constitute a waiver of that Party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
14. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions will not in any way be affected
or impaired.
15. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action will lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas —Fort Worth
Division. This Agreement will be governed by the laws of the State of Texas.
16. NO THIRD PARTY RIGHTS.
THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT ARE SOLELY
FOR THE BENEFIT OF CITY AND DEVELOPER, AND ANY LAWFUL ASSIGN OR
SUCCESSOR OF DEVELOPER, AND ARE NOT INTENDED TO CREATE ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY, INCLUDING
TO ANY PERSONS OR ENTITIES CONTRACTING OR PARTNERING WITH
DEVELOPER TO CONSTRUCT THE IMPROVEMENTS.
Page 9 of 12
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
17. FORCE MAJEURE.
Subject to any UDAG Regulations and any other applicable rules and regulations of
HUD, it is expressly understood and agreed by the Parties that if the performance of any
obligations hereunder is delayed on account of an event of Force Majeure, the Party so obligated
will be excused from doing the same for an amount of time equal to the duration of the event of
Force Majeure.
18. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement must be interpreted fairly and reasonably, and neither more strongly
for or against either Party, regardless of the actual drafter of this Agreement.
19. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and will
not be deemed a part of this Agreement.
20. ENTIRETY OF AGREEMENT.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and
Developer as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement. This Agreement may not be amended unless executed in writing by the Parties.
21. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which will be
considered an original, but all of which constitute one instrument.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Page 10 of 12
Fagade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
EXECUTED by the Parties to be effective as of the Effective
CITY OF FORT WORTH: DEVELOPER:
gl'
Fernando Costa Pretlow Riddick, Manager
Assistant City Manager
ATTEST: �0�R r
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By: o=
City Sec . °-00*
M&C G-17804 Date: Feb. 12, 2013 rEXA15
M&C G-17892 Date: May 14, 2013
APPROVED AS TO FORM AND LEGALITY:
By:
Vicki Ganske
Sr. Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
Page I I of 12 FT. WORTH,TX
Facade Improvement Reimbursement Agreement
Between City of Fort Worth and 2925 Race, LLC
EXHIBITS
Exhibit "A" —
Rendering and Estimated Cost of Improvements
Page 12
Facade Improvement Program Reimbursement Agreement
between City of Fort Worth and 2925 Race,LLC
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SPECIFICATIONS:
RE: 2925 Race Street
Fort Worth, Texas 76111
FOR: Criterion Development Partners
Pacific Center II
14160 N. Dallas Parkway
Suite 750
Dallas, Texas 75254
DEMOLITION
• Remove all burn-out debris and metal roof trusses etc. in work areas as
deemed necessary to complete scope.
• Demo and re-lay approx. 198 sq. ft. of listing block parapet on the east
wall of south sector.
• ($6,000.00)
FACADE STABILIZATION/STRUCTURAL IMPROVEMENTS
• Drill (8) new 12" x 6' concrete piers in floating slab to support new 6" x 6"
vertical posts as indicated on attached drawings.
• Install (8) new 6" x 6" x 3/8" vertical supports on the inside of existing
block walls as shown.
• Use all-threads and flat plate on exterior of block fagade to be tied
through vertical supports for stabilization.
• Weld 6" x 6" x 3/8" square tubes across vertical supports as ultimate
support system for potential new trusses and flat roof.
• ($42,350.00)
Permits and Engineering fees ($850.00)
COST: ------------------------------------------------------------------------------ $49,200.00
ALLEN FORSYTHE
'M&C Revie x Page 1 of 2
Oficial site of the City of Fort Worth,Texas
CITY COUNCILAGENDA FORT IVfl
COUNCIL ACTION: Approved on 5/14/2013 - Resolution No. 4204-05-2013
DATE: 5/14/2013 REFERENCE NO.: G-17892 LOG NAME: 17FIP POLICY
AMENDMENT
CODE: G TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Adopt Resolution Amending the Policy for the Urban Village Storefront/Facade
Improvement Program to Change the Appellate Body from the Urban Design Commission
to the Community Development Council (COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution amending the policy for the
Urban Village Storefront/Facade Improvement Program to change the appellate body from the Urban
Design Commission to the Community Development Council.
DISCUSSION:
On February 12, 2013, the City Council approved Resolution No. 4181-02-2013 approving the
creation of an Urban Village Storefront/Fagade Improvement Program (Program) and adopting a
policy for the Program (M&C G-17804). The policy provides that appeals of denials of funding under
the Program be heard by the Urban Design Commission. However, Staff has been advised that the
Urban Design Commission should not serve as the appellate body for the Program because it is
already part of the design approval process and hearing appeals would conflict with its role under the
Zoning Ordinance. Since the Program is funded with Urban Development Action Grant funds, which
must be spent in a similar manner as Community Development Block Grant (CDBG) funds in CDBG-
eligible areas, Staff proposed that the Community Development Council (CDC) hear appeals under
the Program. Staffs proposal was based upon the CDC's familiarity with CDBG and other federal
requirements.
Staff made a presentation about the Program and its appeals process to the CDC at its April 10, 2013
meeting and the CDC agreed to hear appeals of denials of funding under the Program. Since the
CDC has agreed to serve as the appellate body for the Program, Staff recommends amending the
policy.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
`M&C Review Page 2 of 2
Leticia Rodriguez (7319)
ATTACHMENTS
AMENDEDUVStroreFrontFacadePolicy2 7 13CG VG FINAL.pdf
STOREFRONT FACADE IMPROVEMENT PROGRAM POLICY 2013 RESOLUTION FINAL.doc
0 nn c o_ --C n Inn in nc/i ninnI
M&C Revie,v Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT 11
Ir—
COUNCIL ACTION: Approved on 2/12/2013 - Ordinance No. 20610-02-2013 & Resolution No. 4181-02-2013
DATE: 2/12/2013 REFERENCE**G-17804 LOG 17UDAGSTOREFRONTIMPROVEMENTPROGRAM
NO.: NAME:
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Expenditure in the Amount of$300,000.00 in Urban Development Action Grant Program
Income for the Urban Village Store Front/Fagade Improvement Program, Adopt Appropriation
Ordinance and Resolution Adopting Program Policy (COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the expenditure in the amount of$300,000.00 of Urban Development Action Grant
program income for the Urban Village Storefront/Fagade Improvement Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of
the Grants Fund in the amount of$300,000.00 from available funds; and
3. Adopt the attached Resolution approving the creation of the Urban Village Storefront/Fagade
Improvement Program and adopting the attached Policy.
DISCUSSION:
On December 4, 2012, Staff made a presentation to the Housing and Economic Development
Committee regarding a proposed Urban Village Storefront/Fagade Improvement Program (Fagade
Improvement Program). The City does not have a program to assist with the improvement of
storefronts or fagades in targeted areas. This type of incentive program has been recommended by
consultants involved in the development of the Commercial Corridor and Urban Village
plans. However, funding has not been available.
Staff has identified the amount of$300,000.00 of Urban Development Action Grant (UDAG) program
income to use for this program. The UDAG program income funds are rental revenues received from
the lease for the City-owned parking garage under General Worth Square (City Secretary Contract
No. 11085 as amended and assigned). The construction of the parking garage, originally known as
the Radisson Parking Garage project, was funded with UDAG funds and rental revenues from the
lease are deemed "Grant Revenues" under the UDAG Grant Agreement (City Secretary Contract No.
10610). The Grant Revenues from what is now known as the Hilton Parking Garage project must be
used for projects that meet the requirements of the Community Development Block Grant(CDBG)
program and include private investment. Annual revenue from the parking garage is approximately
$100,000.00 and the project has a remaining balance of approximately $580,000.00.
The Fagade Improvement Program meets the UDAG economic development project eligibility
requirements. Staff recommends that City Council approve the creation of the Fagade Improvement
Program and approve the expenditure of UDAG funds for the program under the following
guidelines:
Program Guidelines:
• Project must be within an Urban Village and in a CDBG-eligible census block group (West 7th,
Berry-University and Magnolia Urban Villages are not eligible).
• Participation by the City shall be capped in the amount of$30,000.00 per building and the
private
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investment must be at least one-third the City investment($3 private for every $1 public).
• Eligible expenditures are only for store front or fagade improvements that will improve the
aesthetics of the building.
• City funding will be on a reimbursement basis once the project is completed.
• Staff will administratively approve applications for proposed improvements.
• Appeals of Staff's denial of applications will be to the Urban Design Commission.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 442216 005206948000 $300,000.00 GR76 539120 017206948100 $300.000.00
GR76 539120 017206948100 $300,000.00
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
17UDAGSTOREFRONTIMPROVEMENTPROGRAM A013.doc
DraftUVStroreFrontFacadePolicy2 7 13CG.pdf
Storefront Facade Improvement Proqram Policy 2013 Resolution VG(1).doc
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