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Home My WebLink AboutContract 5544503/23/2021 5:05 pm CSC No. 55445 FUTUREIMPROVEMENTS AGREEMENT FOR INFRASTRUCTUREIMPROVEMENTS Southwest Basswood Lots WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (CFA2-0143) ("CFA") with Southwest Basswood 35 LP , ( "Developer"); and WHEREAS, the CFA includes Developer's proportionate share of the construction of Basswood Boulevard , as shown on Exhibit A Site Plan; and WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those certain improvements for Basswood Boulevard Lots on Exhibit B(the "Improvement"), City will instead construct the Improvement(s) as part of future Southwest Basswood Lots ("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 $ 71, 245.00 ("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. Developer Funding Agreement — Southwest Basswood CFA Page 1 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. Concurrently herewith, Developer has paid to the City the amount of $71,245.00, 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. Q 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 Work. 5. Developer unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Consultant has 10 or more full time- employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Developer Funding Agreement — Southwest Basswood CFA 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 Assistant City Manager. CITY OF FORT WORTH �q�q ��fo� Dana Burghdoff (M� r 23, 202114:05 CDT) Dana Burghdoff Assistant City Manager M a r 23, 2021 Date ATTEST: fov Ranql�l P. Govrzqles for Ronald P. 6onzales (Mar23, 20211435 CDT) Mary J. Kayser City Secretary a� a po� FORT�a� �,,o� oo�� o —o a-� ci o o = 0 �.�o o �(F °o o � �� _�a000a° ,� DEVELOPER: Southwest Basswood 35 LP WILII � ndforc �9ar1�091 0/:4l CD� W.A. "Andrew" Sandford Manager Mar 19, 2021 Date Contract Compliance Manager APPROVED AS TO FORM � DBlack (Mar 19, 2021 08:49 CDT) Douglas W. Black Sr. Assistant City Attorney Developer Funding Agreement — Southwest Basswood CFA Page 3 of 4 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 �'� � %��t �� `�.� e.� EvelynRo sonbchalfof(Mar19,202108:18CDT) Planning Manager Janie Morales OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBITS Developer Funding Agreement — Southwest Basswood CFA Page 4 of 4 z J W C.7 � � Q Z Z W N .� �� I;* 7i t � ► Z` ._. 35W BASSWOOD BLVD LOS OLIVOS LN �� P��. � J aQ N � � � W J � O ��`�`��i��1%��i��A�� ZI� z� � N �� < c� m � FUTURE IMPROVEMENTS LOCATION W U i N � � �� Iz � CORRINE DR 35W HOMAS 4700 BRYANT IRVIN CT, STE 204 FORT WORTH, TX 76107 REGISTRATION N0. F-9435 ��"E oF r a m .�P .•••.......� � o � ��. * •• �. .�.• *� , ............................ MICHAEL A. THOMAS � .........................�.. q'. 93640 : Q `F' :;CENS; �'5,�� SSI�NAL ENG �� eeee�� z2io�iZo2 PHONE - (817) 732-9839 FAX - (817) 732-9841 MJT N0. - 904-002 BASSWOOD BOU LEVARD AND OLD SANTA FE TRAIL FUTURE IMPROVEMENTS FORT WORTH, TEXAS VICINITY MAP �ti . -..: w.-- � . . • � : } �. .. , , '. '.� � • • � • �� -�� ° - - • - 1 - �� r �' " � : y„ " BASSWOOD BOULEVARD J Q � � W L.� � Z a � 0 J � FUTURE IMPROVEMENTS � �� ' . -. .'MW � : � FUTURE CONCRETE PAVEMENT ' ��, � fi , ::'•-:.'. FUTURE SIDEWALK 1'_t'�� HOMAS SCALE 1" = 60' FEET � 0 30 60 _ 120 4700 BRYANT IRVIN CT, STE 204 FORT WORTH, TX 76107 REGISTRATION N0. F-9435 ��"E oF r a m .�P .•••.......� � o � ��. * •• �. .�.• *� , ............................ MICHAEL A. THOMAS � .........................�.. q'. 93640 : Q `F' :;CENS; �'5,�� SSI�NAL ENG �� eeee�� z2io�iZo2 PHONE - (817) 732-9839 FAX - (817) 732-9841 MJT N0. - 904-002 BASSWOOD BOU LEVARD AND OLD SANTA FE TRAIL FUTURE IMPROVEMENTS FORT WORTH, TEXAS FUTURE IMPROVEMENTS: SITE PLAN