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HomeMy WebLinkAboutContract 31709-SA1 CRY SECRETARY CONITRACT NO. 22\2 oq_=L�' SETTLEMENT AGREEMENT CONCERNING INFRaSTRliCTURF FOR EDWARDS RANCH "PHIS SETTI.ENIENT AGREENIENT CONCERNING INFRASTRUCTURE FOR EDWARDS RANCH (this "Agi-cement") is entered into by Edwards Geren Limited, a Texas limited partnership ("I G[."), and the City of 1--ort %�7orth, a Texas home-rule municipality (the to be effective this 10 day of Mar 01 2014 (the "Effective Date"). EGL and the City are collectively referred to herein as the "Parties". WIIERI;AS. EGL and/or its affiliates (collectively; the "EGL Entities") own property within the City's corporate limits located north of llighway 133 and south of Nest Vickery Boulevard, consisting of the Clearfork development located north of the Trinity River (the "Clearfork Property") and the Riverhills development located south of the Trinity River (the "Riverhills Property") as depicted on Exhibit A (collectively, the "EGL Property"); and %�IHEREAS. EGL and the City entered into that certain Infrastructure Development Agreement effective April 26. 2005, City Secretary Contract No. 31709 (the "IDA") whereby EGL agreed to dedicate right-of-,vay for construction of the proposed Chisholm Trail Parkway and the Citv agreed to construct certain water, Sewer, storin water and utility improvements to sen-e the EGL Property (defined therein as the "Project-Related Infrastructure"); and WHEREAS, pursuant to the IDA, EGL may request design upgrades for the Project- Related IinfrastructLire, the cost of'which shall be paid by EGL; and WIIEREAS, the Citv has constructed certain roads and water, sanitary sever and drainage facilities to serve the EGL Property. including design upgrades requested by EGL, in accordance with the IDA.. and W1 EREAS, EGL is responsible for reimbursing the City for certain design upgrades requested by I?GI., as reflected in the Developer Participation Summary attached hereto as Exhibit E; and W'1IEREAS, the City acquired an easement for sanitary sewer purposes over and across the Clearfork Property by eulinent domain pursuant to Judgment entered on April 28, 1949, in Cause No. 41035, City of Bort ft"orth vs. ;lfrs. IKillie Mue Edvards, Individually and as Inclepenclent Executrix of the Estate of'Crcnvford O. EcAvurds, Et Al., County Court of Tarrant County, Texas (the "M-136 Easement"). and W1-I1<REAS, the City released the M-186 l.:asement appraised by the City at $104,916.00 to the EGL Entities, pursuant to Release and Abandonment of a Sanitary Seiner Easement recorded in the Tarrant County Real Property Records on November 28; 2012, as Instrument No. D2I2290914 and in recognition of the City's right to install a future sanitary sewer collector main, size to be determined, across EGL Property as further described in Section 4 (the "Future Sanitary Sewer Collector Main"); and WIiEREAS. Cass O. Edwards 11 granted an easement to the City for installation and operation of a 24-inch sanitary sever main over and across the Riverhills Property by an Settlement Agreement Concerning Infrastructure-Pale I CORD OFFICIAL RE 1400.010%332 70� CITY SECRETARY ',W RT"j TX RECEIVED MAR 0 7 2014 easement dated January 29, 1963, and described as Part III therein, recorded in Volume 3795, Page 639, Tarrant County real property records (the "M-311 Easement"); and WHEREAS, the City plans to abandon and take a portion of the sanitary sewer facilities constructed in the M-311 Easement (the "M-311 Facilities") out of service in connection with construction of the Chisholm Trail Parkway; and WHEREAS, the M-31 1 Facilities currently serve an approximately 70-acre tract located west of Bryant Irvin Boulevard (the "Lockheed Martin Recreation Area Tract") and were also designed to serve the Riverhills Property; and WHEREAS, as a replacement for the M-311 Facilities, the EGL Entities have agreed to construct sanitary sewer improvements, including collection systems and a lift station, as and when needed to serve the Riverhills Property including sufficient capacity to accommodate up to 28,000 gallons per day of wastewater flows from the Lockheed Martin Recreation Area Tract at the EGL Entities' sole cost; and WHEREAS. the City will provide temporary wastewater service to the Lockheed Martin Recreation Area Tract, at the City's sole cost, using facilities owned or constructed by the City, until the EGL Entities construct the Riverhills Sanitary Sewer Facilities, as hereafter defined, and the Lockheed Martin Recreation Area Tract is connected to the Riverhills Sanitary Sewer Facilities, such connection to be at no cost to the EGL Entities; and WHEREAS, the Parties intend that the costs reflected herein, including as shown on the various exhibits, shall be offsetting such that neither the City nor the EGL Entities shall be obligated to remit funds to the other, save and except that each Party shall bear its own costs of design and construction of the water and sewer infrastructure for which such Party is responsible pursuant to this Agreement. NOW, THEREFORE, for and in consideration of the recitals set forth above, the covenants, stipulations and agreements hereinafter contained, and other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the City and EGL hereby agree as follows: 1. Riverhills Sanitary Sewer Facilities. EGL shall dedicate or cause to be dedicated to the City all required easements for the Riverhills Sanitary Sewer Facilities to be recorded by the City in the real property records of Tarrant County. EGL shall design and construct, or cause to be designed and constructed, the Riverhills Sanitary Sewer Facilities, both elements to be performed as per city standards in place at the time of design, and shall, upon completion and acceptance of the work by the City, dedicate the Riverhills Sanitary Sewer Facilities to the City, all at the EGL Entities' sole expense. Design of the Riverhills Sanitary Sewer Facilities is subject to preparation of the final land plan for the Riverhills Property but is currently anticipated to include (as will be finally determined by actual quantities) (i) a lift station; (ii) installation of approximately 2,080 linear feet of four (4) inch sewer force main and a stub-out to serve the lift station; (iii) installation of approximately 435 linear feet of sixteen (16) inch casing; (iv) installation of approximately 435 linear feet of eight (8) inch carrier pipe; and (v) all gravity sewer mains necessary to serve the EGL Entities' development of' the Riverhills Property (collectively, the Settlement Agreement Conceming Infrastructure- Page 2 1400.0 1 0\33270,2 "Riverhills Sanitary Sewer Facilities"). The EGL Entities shall dedicate easements to the City and construct the Riverhills Sanitary Sewer Facilities as and when needed to serve the Riverhills Property, the timing of such dedication and construction to be determined by the EGL Entities in their sole discretion. The EGI. Entities shall design and construct the Riverhills Sanitary Sewer Facilities with sufficient capacity to accommodate up to 28,000 gallons per day of wastewater flows from the Lockheed Martin Recreation Area Tract, at the EGL Entities' sole cost. 2. In connection with platting the Riverhills property west of Chisholm Trail Parkway and north of Arborlawn Drive, EGL shall dedicate or cause to be dedicated to the City, at no cost to the City, an casement from the proposed Riverhills Sanitary Sewer Facilities to the east side of the Bryant Irvin right-of-way closest to the proposed temporary lift station currently under design by the City, with a width not to exceed twenty (20) feet, as generally depicted as the "20' Sanitary Sewer Easement" on Exhibit B. The exact location of such easement shall be determined by mutual agreement of the Parties. Such easement shall be granted for construction and maintenance by the City, at no cost to the EGL Entities, of a sewer line from the Riverhills Sanitary Sewer Facilities under the Bryant Irvin right-of-way to connect to the Lockheed Martin Recreation Area Tract. 3. The City will provide temporary wastewater service to the Lockheed Martin Recreation Area Tract, at the City's sole expense, using facilities owned or constructed by the City, until such time as the EGL Entities construct the Riverhills Sanitary Sewer Facilities (including the stub-out to the edge of the EGL property line and located in the 20' Sanitary Sewer Easement) west of Chisholm Trail Parkway and north of Arborlawn Drive and the Lockheed Martin Recreation Area Tract is connected to the Riverhills Sanitary Sewer Facilities at the City's sole expense, in accordance with Section 2. The EGL Entities have no obligation with respect to wastewater service for the Lockheed Martin Recreation Area Tract or any other area outside the boundaries of the EGL Property, except as expressly set out in Section 1. 4. The City may construct the Future Sanitary Sewer Collector Main through the Clearfork development within easements existing as of the Effective Date (provided such easements accommodate such facilities) and Clearfork Main Street right-of-way, as depicted in Exhibit C. Neither the EGL Entities nor any future owners of the EGL Property shall have any obligation to dedicate additional easements or right-of-way to the City for construction of the Future Sanitary Sewer Collection Main. 5. Within ninety (90) days after construction by the City of a temporary lift station to serve the Lockheed Martin Recreation Area Tract (but no later than February 15, 2015), the City shall abandon the M-3 I 1 Easement and deliver to EGL an executed release of the M-3I 1 Easement in the form attached hereto as Exhibit D. The City shall release the M-31 I Easement at no cost to the EGL Entities. EGL shall record such release in the Tarrant County real property records and deliver a copy of the recorded release to the City's Water Department Director. City will clean that portion of M-311 in conjunction with its abandonment by City under this Agreement. City shall not be responsible for grouting in place or removal of any existing facilities abandoned within the M-31 1 Easement. The EGL Entities have no obligation to treat, grout, repair, remove, or take any other action with respect to the facilities abandoned within the M-31 1 Easement. Upon release of the M-31 1 Easement, the City will not prohibit development over the abandoned M-311 facilities. Settlement Agreement Concerning Infrastructure- Page 3 1400 010133270.2 6. The City hereby releases the EGL Entities, including without limitation Clearfork Ranch, LP, a Texas limited partnership, Riverhills Ranch, LP, a Texas limited partnership, and Cassco Development Co., Inc., a Texas corporation, from EGL Entities' payment obligations for the outstanding balance of 5549.022-12 to the City for City's release and abandonment of the M-186 Easement and for City's construction of Project-Related Infrastructure, as described in Exhibit E. The EGL Entities, including without limitation Clearfork Ranch, LP, a Texas limited partnership, Riverhills Ranch, LP, a Texas limited partnership, and Cassco Development Co., Inc., a Texas corporation, hereby release the City from any liability or obligations, except as expressly stated herein, related to the City's abandonment of the M-31 I Facilities. 7. Each Party declares and represents that this Agreement contains and constitutes the entire agreement between the Parties with respect to the M-186 Easement, M-311 Easement, M-311 Facilities, Riverhills Sanitary Sewer Facilities, and the EGL Entities' funding obligations for water and sanitary sewer infrastructure constructed to serve the EGL Properties as of the Effective Date, and terminates, supersedes, and replaces any and all prior arrangements, understandings, representations, promises, inducements, or other communications, whether written or oral between the Parties as to these facilities. Each party declares and represents that no oral understandings, statements, promises, or inducements in addition to, consistent with, or contrary to the terms of this Agreement exist. In the event of any conflict between this Agreement and the IDA, as amended,this Agreement shall prevail. 8. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in 'Tarrant County. Venue for any action to enforce or construe this Agreement shall be Tarrant County. 9. Each Party shall, upon request of the other Party, execute and deliver such further documents and perform such further acts as may-reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 10. This Agreement may be executed in any number of original counterparts, on separate signature pages, each and all of which shall be deemed an original for all purposes, and all of which when taken together shall constitute one instrument. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A EGL Property Exhibit B Map Depicting Future Sanitary Sewer Easement and M-311 Exhibit C Future Sanitary Sewer Collection Main Alignment Exhibit D Form for Release of M-31 1 Easement Exhibit E Developer Participation Summary SIGNATURE PAGE TO FOLLOW Settlement Agreement Concerning Infrastructure-Page 4 1400 01003270.2 000 fro O Jam' Q?�•i ATTEST: rXAs CITY OF FORT WORTH By: 45� Mary J. Kay Fernando Costa City Secreta Assistant City Manager M&C: C —Z661�L Date: 3`?�/4 Date: 3— Y ^ 1q M s to Fonn and Legality: Recom ende ou . Black 4b,,-S. Frank Crumb, P.E.. Direc"131 Assistant City Attorney Water Department EDWARDS GEREN LIMITED, A TEXAS LIMITED PARTNERSHIP By: Colleen Geren Living Trust Its Generalner look -1 04�1 By: Group A eneral Partner Representative Paxton E. Motheral past ;ze2 By: Crawford H. Edwards 2012 Irrevocable Trust Matilda Lucia Edwards Rodgers 2012 Irrevocable Trust Mary Martha Edwards Richter 2012 Irrevocable Trust Casswell O. Edwards 1112012 Irrevocable Trust Its General Partner By: Group General Partepresentative Crawford H. Edwards ®FF*33270.2 Settlement Agreement Concerning Infrastructure- Page 5 .moi r- vr- p ; i jh t• Lj r 1 G v r V PROPERTY' r L, Z. d J / � Q000 Rr+[asrett�NwAr 10 1 0 1500 9 � � - _ _ r , �- �' } a, SCALE: 1"-_ 15©0' DUNAWAI EXHIBIT A M baMy A%VnRe•Uft 4W•Fart worth e76107 s1735YFar�' ."� 'y�P � 'EGL PROPERTY' o EXHIBIT B Map Depicting Future Sanitary Sewer Easement And M-311 1400.010133270 2 1 ! I _ - TEMPORARY LIFT STATION LOCATION CLEAR K TRINIT`�RIVER / / FORPERMANENT SANITARY SEWER LIFT STATION EASEMENT "' \ATION PROPOSED,RIVERHILLS SANITARY SEWER K,. FACILITIES i R HI P O E W 0 ER �; •� FUTURE p ABANDONED a �r M-311 /\ t� Z + / PROPOSED RIVERHILLS° J SANITARY SEWER Q m ; FACILITIES iG .~1r "f ABR ORLAWN DRIVE - O � 0E j RIVERHILLS PROPERTY `L B ' 0 600 1200 � SCALE: 1"=600 ft. DUNAWAY EXHIBIT B SSO Gooey*Aww"•Suite 400•Fart Worft Texw 76101 %`8I7-'MII21'x`817-`I3&743' '20-FOOT EASEMENT` o T1xae�.F-„1v EXHIBIT C Future Sanitary Sewer Collection Main Alignment 1400 010133270.2 Ff 7- � �l 00 LAJ 6 C4, 'rw "I Z 8 W Woo� b o W C W W V %L H Z Q�' 7 U •i�� fQw 3 Lu LJJ Z 0 d Vua L Lu LuLU 0cc 1 � � z" U J aF F = w �. g. CC d •�� .1 t d u x� WW 5mD'J.7 gKpgWJ3W33WM IN3W31LLW,PMX3\s8uueia\6uuoibu3\oZotooZ\ZDOZ\3SieDtoP!AtiNuon VOAd�:7:Hivd3llj wv 9S:Tl:lY E7oZ'f0 W+eW'kWpW:NOM %$":AS 03llO1d EXHIBIT D Form for Release of M-311 Easement After recording_, returl to: Edwards Geren Limited 4200 South Hulen, Suite 614 Fort Worth. Texas 76109 Attn: Paxton Motheral STATE OF TEXAS COUNTY OF TARRAI\T PARTIAL RELEASE, OF EASEMENT For good and Valuable consideration. receipt of which is acknowledged. the City of Fort Worth hereby abandons. releases and discharges all rights to that certain sanitary sewer easement acquired by the City from Cass O. Edi\ards II by an easement dated January 29. 1963, and described as Part III therein. recorded in Volume 3795, page 639. of the Tarrant County real property records, with respect to the property described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein for all purposes. Execute this diN of . 20 CITY OF FORT WORTH By: Printed Name: Title: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of 20 by — of the City of Fort Worth, on behalf of said municipality. Notary Public, State of Texas 1400 010\33270 2 EXHIBIT E Developer Participation Summary 1400 010133270 2 City of Fort Worth and Edwards Geren Limited Infrastructure Development Agreement Developer Participation January 21,2013 Developer Participation Summary-Water and Sanitary Sewer Infrastructure FrOriginal ContractsIF- Change Orders Developer Developer Construction Phase Participation Payment Received Participation Payment Received Outstanding Balance Edwards Ranch Road and Clearfork Main 5t.Phase 1 $ 47,176.48 $ 47,176.48 Edwards Ranch Road and Clearfork Main 5t.Phase 2 $ 87.659.33 $ 87,659.32 $ 9,125.00 $ 9,125.00 Edwards Ranch Road and Clearfork Main St.Phase 3 $ 181,388.24 $ 181,388.25 $ 254.05 $ 254.04 Edwards Ranch Road and $ 387,550.00 $ 387,550.00 Ciearfork Main 5t.Phase 4 Arborlawn&Bellaire $ M-186 Easement $ 104,916.60 $ 104,916.60 Abandonment Total $ 808,690.65 1 $ 269,047.57 $ 9,379.05 1 $ - $ 549,022.12 u v u v M v n 4 w d a e oiOo �� E T T n n v v ,p v n u u u um VS n dc! o+ acct m !! o<ca H C AV C N G G rn C O N M , p n4 n O O N N N N N N N � Q �N�pp C 01 Nn M N ri N r� Q u pN pN N oNpp pN N N M Y 44Oq LA CL w1 C L. 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SANITARY SEWER PIPE SCALE: 1" = 1000' CHANGE OF SIZE 10" TO 12" CHANGE OF SIZE 10" TO 18" E a 8 0 500 1000 2000 CHANGE OF SIZE 12" TO 18" "mob> lis 4 �lSa a Z. .� O O uJ c�`� 3s ba't,a �j ,X 4 V H W ss �� G� o u 3 W t F- 0 < 6 oQ - U >j6 .yT.. 0 t= Q Q w CL CL LLJ U U h oC Z d �� g O acceO QW � in °' OWw F} CC J Q F- CL O > � w o w 4 C7 �- ii a > O 0 U- b, d 0 8 NIA81 1N`dA88 S21 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA "Cr COUNCIL ACTION: Approved on 3/4/2014 DATE: 3/4/2014 REFERENCE NO.: **C-26692 LOG NAME: 60INFRAERANCH CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Settlement Agreement with Edwards Geren Limited (EGL) to Compensate EGL for Certain Costs Associated with Construction of the Chisholm Trail Parkway by Forgoing EGL's Debt to the City in the Amount of$549,022.12 and by Constructing Certain Infrastructure Improvements for Edwards Ranch (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize execution of a Settlement Agreement with Edwards Geren Limited (EGL) to Compensate EGL for Certain Costs Associated with Construction of the Chisholm Trail Parkway by forgoing EGL's debt to the City in the amount of$549,022.12 and by constructing certain infrastructure improvements for Edwards Ranch. DISCUSSION: On December 7, 2004, the City of Fort Worth authorized an Infrastructure Development Agreement (Agreement) with Edwards Geren Limited (EGL) which required the City to fund and construct certain infrastructure related to the development of Southwest Parkway, n/k/a Chisholm Trail Parkway (M&C C-20437 as amended on April 26, 2005, M&C C-20685). These infrastructure improvements provide for water, sewer, paving and drainage improvements on the Edwards Ranch development. This Agreement was part of a larger settlement in the City's acquisition of 180+ acres needed for the Chisholm Trail Parkway. Under the terms of the Agreement, the City agreed to perform certain tasks, provide or abandon certain easements and or facilities to promote development of the EGL property on the north side of the Trinity River (Clearfork— Phases 1 and 2) and to fulfill its obligations to provide basic infrastructure to serve the Chisholm Trail Parkway, with a total value provided by the City to EGL of $549,022.12. On the south side of the Trinity River, however, due to construction of the Chisholm Trail Parkway, the City will be required to reroute and/or abandon certain facilities (sanitary sewer main M-311) relative to both Clearfork— Phases 1 and 2 and Riverhills— Phases 3 and 4. As a result, EGL is required to incur additional costs for design and future construction of sanitary sewer facilities, including a force main/lift station, for Riverhills- Phases 3 and 4. Therefore, in settlement of all claims related to the additional costs incurred by EGL and to settle the amount owed to the City by EGL, EGL and the City negotiated the following terms for a Settlement Agreement: - The City agrees to forgo the amount of$549,022.12 owed it by EGL for Clearfork - Phases 1 and 2 and the $549,022.12 will be considered as the City's contribution toward EGL's Riverhills Phases 3 and 4 Sanitary Sewer facilities. - The City will construct a temporary lift station to serve the Lockheed Martin Recreation Area property affected by the M-311 abandonment. - EGL will construct a permanent lift station and related conveyance piping to serve up to 28,000 gallons per day from the Lockheed Martin Recreation Area property and to serve Riverhills Phases 3 and 4. The project is located in COUNCIL DISTRICT 3, Mapsco 74Z. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will not increase the total appropriations of City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Liam Conlon (6824) ATTACHMENTS MC MAP-Sewer Color 2014-02-19.pdf