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HomeMy WebLinkAboutContract 48541 2 34 � Ss m CITY SECRETARY CONTRACT NO. •- -3 -. o! o <, FUTURE IMPROVEMENTS AGREEMENT \ D� FOR 9 INFRASTRUCTURE IMPROVEMENTS WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (2016-100) ("CFA") with RJ FW Commercial LLC, an Idaho limited liability company, and HC Arlington Charter LLC, an Idaho Limited Liability Corporation authorized to do business in Texas, (collectively "Developer"); and WHEREAS, the CFA includes the construction of a storm drain, a portion of which is within Heritage Trace Parkway Exhibit A; and WHEREAS, the in lieu of the requirement in the CFA for Developer to construct that portion of the stormdrain within Heritage Trace Parkway, as shown on Exhibit A (the "Improvement"), City will instead construct the Improvement within Heritage Trace Parkway, as a part of a CIP project, with Developer to contribute funds equivalent to its proportionate share of the Improvement; and WHEREAS, Developer desires to provide to the City funds in the amount of $92,339.50 ("Funds") for the City to construct the Improvement; and WHEREAS, The City agrees to accept the amount offered by Developer and to construct the Improvement; NOW THEREFORE, in consideration of the above recitals, City and Developer, acting herein by and through their duly authorized representatives, do hereby agree as follows: 1. The City may construct (or cause to be constructed) the Improvement at a time convenient to the City provided that the Funds are sufficient, or if not, that additional public funds as may be required are available. 2. Concurrently herewith, Developer has paid to the City the sum of Ninety-Two Thousand Three Hundred Thirty-Nine Dollars and Fifty Cents ($92,339.50), such Funds, the Owner and City agree, are the entire amount of Owner's contribution for the cost to construct the Improvements. By accepting the Funds and by execution of this Agreement, City agrees that the Developer will have no obligation whatsoever to pay any amounts in addition to the Funds or take any further action with regard to the construction of the Improvement, even if (a) the actual costs to construct the Improvement exceeds the costs expected by the City as of the date of this Agreement, (b) the specifications, composition, or other Developer Funding Agreement—Stormdrain in Heritage Trace Pk%vy OFFICIAL RECORD Pagel of 4 CITY SECRETARY FT.WORTH,TX characteristics of the Improvement hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvement or otherwise, or (d) the costs or scope of the Improvement change for any reason. 3. This agreement shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties hereto, and may not be amended except by a writing signed by all parties and dated subsequent to the date hereof. 4. The City will use its best reasonable efforts to construct the Improvement without undue delay, but City's performance of construction will be subject to delays caused by events of Force Majeure. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) (Signatures and Exhibits to follow) Developer Funding Agreement—Stormdrain in Heritage Trace Plavy Page 2 of 4 Executed by each party's duly designated and authorized representative, effective as of the date subscribed by the City's designated signatory. CITY OF FORT WORTH DEVELOPER: RJ FW Commercial, LLC By: TCSF8-Garland K-8 LLC, an Idaho limited liability company, its sole member Jesus J. Chapa Signature Assistant City Manager R �4 A] -�, / - � — / 7 NaMe Date n&� Title ATTEST: i/ - X215 Zv �,/-Z -per Date Ma r O..• ..... City S� reta ��' � *'• DEVELOPER: V * HC Arlington Charter, LLC APPROVED AS TO FO OR N ah e 3T-Assistant City Attorney Title Date OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Developer Funding Agreement—Stormdrain in Heritage Trace Pkwy Page 3 of 4 EXHIBITS Developer Funding Agreement—Stormdrain in Heritage Trace Pkwy Page 4 of 4 a :�'' TION HERITAGE TRACE PW z z " 35 w a a m o N TARRANT PKWY LOCATION MAP MAPSCO NO. 21S COUNCIL D/SIRICT 7 HAIP MO C011"RCIAL OAR/DEVEMpER: LOTS 1 THRU 4 HAWMS COMPANIES BLOCK 1 855 BROAD STREET SUITE 300 BOTS q ID 8302 BEING 6.231 (GROSS) ACRES OF LAND LOCATED IN THE TEL: (208) 908-5505 WILLIAM MCCOWEN SURVEY, ABSTRACT NO. 999 EMAIL: bhuffakerehcollc.com CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CASE NUMBER. FS-16-114 CASE NAME. HERITAGE. TRACE COMMONS D A 7E.- 1%6/2016 HA WKINS 1 1 1 1 m a 2719-00-06 COMMERCIAL " 1 PLAT INFORMATION mycosi ie+mcinnis+associates C STRICKLAND `� eMlerglnseft surveying laMecapearchheeture planning & Y ICINITY MAP tbpe re$sbe6on numbs: f—2759 Y• H. PEARCE 2gt eaat abram arlington, tezae 76010 617-469-1671 1 OF 5 fax: 617-274-6757 www.mmotoxao.com m NCL I Ik EX. 36" RCP W W EX. 20' v EX. 8' SQ. MANHOLE CURB INLET 2 4 QROPOO I CL � SCA PROPOSOpED 7'x6'--,, DP INLET WJTHR2' APRON EX. 15' EX. 15' RECESSED RECESSED CURB INLET W CURB INLET ' 24" RCP PROPOSED 2 TO BE DONIF (REMAINDER) BY OTHERS) 30' DRAINAGE & UTILITY ESMT. I VOL 14098, PG 156 DRTCT LEGEND —— — EXISTING STORM SEWER LINE �- PROPOSED STORM SEWER LINE 50 0 25 50 100 13 STORM MANHOLE a EX. CURB INLET 1 inch = 50 fig DATE: 10114/2016 HA'WKINS m m a PROJECT , • 271s—oo—os COMMERCIAL STORM DRAINAGE mycosing su mcinnis+associates DRAWN BY C. STRICKLAND aM�enpineerug eurveylnp IaMecnpe e+chMecNie penning EXHIBIT "B_1 of tbpa regletmUon number. f—2759 280east abram CHECKED BY• H. PEARCE aril ngtan, texas 75010 817-489-1871 SHEET NO: 1 OF 1 fax: 817-274-8757 rrw.mmatsxaS.cam HAWKINS COMMERCIAL 10/14/2016 CFA PROJECT QUANTITY MATRIX UNIT 1:STORM DRAIN SHEET NO. ITEM TOTAL UNIT PRICE ITEM TOTAL COST ITEM NO. BID ITEM UNIT C7.05 a 1 5'X4' BOX'CULVERT L.F. 97 97 $ 552.00 $ 53,544.00 2 7'X6' DROP INLET E.A. 1 1 $ 18,500.00 $ 18,500.00 3 39"RCP,CLASS III L.F. 20 20 $ 395.00 $ 7,900.00 4 IREMOVE 5'DROP INLET E.A. 1 1 $ 2,800.00 $ 2,800.00 5 REMOVE 48"STORM LINE L.F. 107 107 $ 52.50 $ 5,617.50 6 TRENCH SAFETY L.F. 117 117 $ 34.00 $ 3,978.00 UNIT TOTAL $92,339.50