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HomeMy WebLinkAboutContract 53618 03/06/20 12:10 PM CSC No.53618 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS Watson Creek Estates WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (CFA18-044) ("CFA") with ADG Watson Creek LLC, "Developer"); and WHEREAS, the CFA includes Developer's proportionate share of the construction of Paving and Street Light Improvements, a portion of which is within Alta Vista Road between Beach Street and Golden Triangle, as shown on Exhibit A; and WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those certain improvements for Watson Creek Paving and Street Light improvements within Alta Vista Road between Golden Triangle and Monterey Dr. , as shown on Exhibit B, C1 (the "Improvement"), City will instead construct the Improvement(s) as part of Future Improvement Watson Creek work ("Work"), with Developer contributing those funds it would have spent to construct the Improvement and the City performing the Work at a later time; and WHEREAS, Developer desires to provide to the City funds in the amount of $172,747.80 ("Developer Funds") for the City to construct the Improvement as part of the Work; and WHEREAS, The City agrees to accept the Developer Funds and to construct the Improvement; and WHEREAS, the determination of the amount of Developer's Funds is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, incorporated herein for all purposes, City and Developer, acting 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 adequate public funds, including the Developer Funds, for construction of the Improvement are secured. OFFICIAL RE v CITY SECRI. F rt Developer Funding Agreement—\\ataon Creel:I CFA FT. WORT Page 1 of 4 2. Concurrently herewith, Developer has paid to the City the amount of $172,747.80, such Developer Funds, the Developer and City agree, are the entire amount of Developer'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 further obligation to pay any amounts in addition to the Developer 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 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 construction will be subject to City securing the additional funding which may be necessary to fully construct the Wo,k. Executed by each party's duly designated and authorized representative; effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH DEVELOPER: ADG Watson Creek, LLC Dana Burghdoff(M r 5,2020) Robert Ray(Mar 3,202i. Dana Burghdoff Robert Ray Assistant City Manager Manager Mar 5,2020 Mar 3,2020 Date DateLOFFJUALDeveloper Funding Agreement—Wat_�on Creek E,tate CFA RY Page 2 of 4T% p ATTEST: Nary-7 Kayser U' j Mary J. Kayser City Secretary j 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. Janie S. Morales Development Manager, Development Services Department APPROVED AS TO FORM rQk2w Pfw&--- Douglas W. Black Sr. Assistant City Attorney OFFICIAL bRfC, CITY SECR�°T;;a- FT. WORTH, Developer Funding Agreement-- CFA Page 3 of 4 EXHIBITS Developer Funding Agreement—Watson Creek Estates CFA Page 4 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidde Project Item Information Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 3125.0101 SWPPP >= 1 acre LS LS 1 2 _Sod � � SY 600 — 3 7" Reinf. Concrete Pavement SY 1432 4 6" Lime Stabilized Subgrade SY 1544 — 5 6% Hydrated Lime (29.7 Ibs/sy) TONS 23 6 4" SLD Markings (White) LF 260 7 4" SLD Markings (Yellow) LF 520 8 Ramps EA 2 9 Sidewalk _ _ —�� _ SY 286 10 Street Lights � EA 2 — 11 Contingency % 25% 12 13 14 15 16 17 18 19 20 21 22 23 _ 24 25 _ 26 _ 27 28 29 30 _ 31 32 W 33 34 O C7F; N Z$;; O � UJ N Dq dNn CN.6 N L9 F aLU uj W = Zg� (AZA. 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