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Home My WebLink AboutContract 58028 Date Received: 8/26/2022 City Secretary Time Received: 1:03 p.m. Contract No.: 58028 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS PAVING AND STORM DRAIN IMPROVEMENTS FOR WESTPOINT CROSSING This FUTURE IMPROVEMENTS AGREEMENT ("Agreement"), is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager,and D.R.HORTON—TEXAS, LTD. ("Developer"),a Texas limited partnership,acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the"parties." WHEREAS, Developer is the owner of a tract of land within the City of Fort Worth located at the intersection of West Point Boulevard and Alemeda Street("Property"); and WHEREAS, Developer is developing the Property by constructing a residential subdivision on the Property("Project"); and WHEREAS, in connection with the Project,the City approved a preliminary plat for the Project, PP-20-020; and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure that is constructed according to City standards; and WHEREAS, in review of PP-20-020, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible for constructing paving and storm drainage improvements on West Point Boulevard as more specifically described herein("Improvements"); and WHEREAS, due to an existing obstruction in the proposed right-of-way, the Improvements cannot be constructed at this time; and WHEREAS, in lieu of the Developer constructing the Improvements pursuant to a community facilities agreement,the City has agreed to construct the Improvement(s)with Developer contributing the funds necessary to construct the Improvements and the City constructing the Improvements at a later time; and WHEREAS, the determination of the amount Developer pays to the City pursuant to this Agreement for construction of the Improvements is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and through their duly authorized representatives,do hereby agree as follows: OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Paving and storm Drain Improvements for Westpoint Crossing PPage 1 of10n—Texas,Ltd. FT. WORTH, TX g 1. Incorporation of Recitals The City and Developer agree that the foregoing recitals are true and correct,form the basis upon which the City and Developer have entered into this Agreement and are incorporated into this Agreement by reference. 2. Improvements The Improvements shall consist of two lanes of Westpoint Boulevard approximately 1,500 feet in length and associated storm drain infrastructure as more specifically described in Exhibit "A" which is attached hereto and incorporated herein by reference. 3. Future Improvement Funds Concurrently with the execution of this Agreement, Developer has paid to the City $915,600.00, which amount represents one hundred twenty-five percent of the estimated cost of constructing the Improvements ("Future Improvement Funds"). The Future Improvement Funds shall serve as the entire amount of Developer's contribution for the cost to construct the Improvements. 4. Construction of Improvements The City may construct, or cause to be constructed,the Improvements at a time convenient to the City provided that adequate public funds, including the Future Improvement Funds, for construction of the Improvement are secured. 5. Use of Future Improvement Funds By accepting the Future Improvement 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 Future Improvement Funds or take any further action with regard to the construction of the Improvements, even if. (a) the actual costs to construct the Improvements exceeds the costs expected by the City as of the date of this Agreement; (b) the specifications, composition, or other characteristics of the Improvements hereafter change for any reason; (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvements; or (d) the costs or scope of the Improvements change for any reason. No refund of any balance of the Future Improvement Funds shall be made by City to Developer. Notwithstanding anything to the contrary herein, City may use the Future Improvement Funds to construct improvements that are located in the vicinity of the Project that address transportation demands caused by the Project. If some or all of the Future Improvement Funds are used to construct such adjacent improvements, City shall be responsible for constructing or causing the construction of the Improvements contemplated by this Agreement at a time convenient to the City 6. Notices Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 2 of 10 All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office D.R.Horton—Texas,Ltd. City of Fort Worth 6751 North Freeway 200 Texas Street Fort Worth, Texas 76131 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 7. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 8. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 9. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 3 of 10 court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 10. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this Agreement; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored suchlanguage. 11. Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 12. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the 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. 13. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services 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" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement,Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 15. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2),the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company with 10 or more full-time employees, unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 4 of 10 and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 16. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 17. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 18. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. 19. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the City and Developer, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 5 of 10 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER: D.R.HORTON—TEXAS,LTD., a Texas limited partnership By: D.R.Horton,Inc.,a Delaware corporation,its authorized agent Dana BurghdofF( g 25,20 14:53 CDT) Benjamin M Clark(Aug 25,202210:04 CDT) Dana Burghdoff Benjamin Clark Assistant City Manager Assistant Vice President Aug 25, 2022 Aug 25, 2022 Date Date Recommended by: Dwayne Hollars(Aug 25,202210:05 CDT) Dwayne Hollars Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY Richard A.McCracken(Aug 25,202213:19 CDT) -00 °Oo�O�� Richard McCracken p�00 0� d Sr.Assistant City Attorney P o o� ° ° o ° 00 0 19 00000.00 � BY Contract signing, g CI acknowled ATTEST: a that I am the person responsible for the monitoring and administration of this contract,including ensuring gg� all performance and reporting requirements. 4afihette S.Goodall(Aug26,2022 07 CDT) Jannette S. Goodall City Secretary Name: Tyson Thompson,PE Title: Assistant Director OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Paving and storm Drain Improvements for Westpoint Crossing D.x.Horton—Texas,Ltd. FT. WORTH, TX Page 6 of 10 EXHIBIT A _w GIs DEwaorae III 5ro-9-T OWNER D.R.FflNTDN-TEMS.OD A E W51 PAW I MUNW 037-m-um VARIABLE WID7H RIGHT-OF-WAY DEDICATION SHIELD MMNEELING MROMP GRAffir. SCALE 15 FEET LEGEND WESTPOINT CROSSING PAVING(r CONC PVW) FUTURE IMPROVEMENT ID'SIDEWALK AGREEMENT CHAPEL CREEK CFA NO.CIPA19-0040(50'ROW PAVING) CHAPEL CREEK CFA NO.crA79-00410 WESTPOWT BLVD PAVING EXHIBIT VVESTPOINT CROSSING CFA NOCFA21 0108(60'HOW PAVING) PAVING Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 7 of 10 -LL GWL r+DFM FREEWAYF11FrrWUfErKTX7C31 O MI ER LM hCIRTH FREEVKA} W FOUWORTH•IX?6131PMOF RBINLET CUL LIEW Ex6r" Eyn-OL,2 - is, EX57I11;AWGWN BQX &aPWG HEADWALL EXOT 36' 5LOPAr hr-EAG"ALL 0 MGM HEAUWALL EkrSF MOP:V R::F SHIELD PROP Jj 0 150 300 LEGEND =Mq PROP STORM LINE GRAPHIC SCALE IN FEET EXIST STORM LINE WESTPOINT CROSSING 2W CURB INLET FUTURE IMPROVEMENT JUNCTION BOX ■ AGREEMENT EXHIBIT B STORM IDRAIN Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 8 of 10 FORT WORTH for Roadway Infrastructure Improvements City of Fort Worth, Texas Development Name: westpointCrossing Applicant: Shield Engineering Legal Description(Lot,Block): Case f Plat Number: 1P 2o-o20 Date: 7/1/2021 Wexkshcet last UptlafM:OT/fA20i9 Date of Final Plat Approval:I Final Plat Approval On or Atter 4/1/2018 Service Area(select from list):I S (1)The City-wiae weighted average maximum assessable imnspertation impact fee per service urd is used for rough properhnnalrfy Notes: calct iw's.The weighted average maximum fee vanes based on the date of final plat approval (2)In tmnsportafion impact fee elpbte service areas wdh a maximum assessable fee that a less the C ty w de weighted average,the sery ae area maximum assessable fee is used. DEMAND-Traffic Generated by Proposed Development: Land Use:(far use when laird uses and intensities are known at time of concept plan,preliminary or final plat,or buiMing perrnitJ ...., ...,.,.,....„ „ ............. ....,.,.,..,., ...,.,..... .....,.,.,.. ..,....,.,.,. „........., .,....,.,..,. ......,.,t .,......r .,.,,.,.,....,.,, ......... ' Proportional Impact of Proportional Impact of Impact of Land Use Type Development Unit: Intensity2: Demand per [revel mend Demand: Development Unit, °p Developmentl:{5} Single-Family Detached Housing Dwelling Unit 84 W720 $732,480 $732,480 Note:Rat Appmvar date most be selected priorto selecting fared use. p Zoning Class: Piet Acreage: Development Unit: Estim Proportlo nal Impact of rt ated Demand per Propoonnl Impact of Impact a3 Intensi Development Unit Development Demand: Develo meet 5 O IMPACT OF DEMAND PLACED ON THOROUGHFARE SYSTEM: $732,480 Notes:'Per the ITE Trip Generation Manuar'rdeneity is the amount of Ilse development unit that is proposed;'Based on the 2e03,2013,or 2017 Trarspoitabon Impact Fee Study where the City-vnde vreighted average maximum hansportadon impact fee may be used in evaluating the impacts of the newdevelopment m the City s transporaatlm system. Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 9 of 10 FORT WORTH for Roadway Infrastructure Improvements City of Fort Worth, Texas Development Name: Westpoint crossing Applicant: Shield Engineering Legal Description[Lot,Block): Case i Plat Number: PP-20-020 Date: 711m2f Wnfcshert last llPdarM:aT/faaofa Date of Final Plat Approval: Final Plat Approval On or After 411f2018 Service Area(select from list): S (1)The GrtyR;de wrdghfed average maximum assessable fransporfatlon impact fee persendoe unit is used for rough propor&o Iify Notes: carudatrons.The weighted average maximum fee vanes based an the date of final plat approval (2)In transportation impecf fee eligiNe service areas lnifh a maximum assessable fee that is less the City-wide weghted average,I senrtce area maximum assessable fee is used. Roadway Supply-Off-Site Roads to be Built or Funded by the Applicant: Roadway Number of Cost Estimate TOfs Roadway Name: Classification: Length: Lanes: ($J (Feel) Westpoint Blvd. cca--%To-N MS-P0.goP(130) 1500 2 397.73 $ 822,240.00 ROADWAY SUPPLY ADDED TO SYSTEM SUBTOTAL: $822,24D Intersection Improvements-Specific Improvements to be Built or Funded by the Applicant: ................................................................................................................................................................................................................................................................................................................................. Intersection: Description of Improvement: Estimated Costs:($} INTERSECTION IMPROVEMENTS ADDED TO SYSTEM SUBTOTAL: $D Right-of-Way Dedication-ROW to be dedicated by the Applicant: ROW Dedication: General Description of ROW Dedication: Estimated Cosi($] Westpoint Blvd. 1 $ 82,224.00 RIGHT-OF-WRY DEDICATION SUPPLY ADDED TO SYSTEM SUBTOTAL: S82,224 TOTAL VALUE OF SUPPLY ADDED TO THOROUGHFARE SYSTEM: $904.464 TOTAL VALUE OF POTENTIAL IMPACT FEE CREDITS11: $781,128 Notes','Automatic dollar based man estimated cost to provide the roadway supply(construction and engineering)based on the classification;°Revised cast estimate for canstuctm and engineering based on mare detailed preliminary engineering ardfor design;'Estimated intersection improvement costs;10 Cost of rightat-way initially estimated to be 10%of roads d nst ucton and engineering;this value can be over--ten based on appraised values as nodded;"Credits are valued at 85%of the estimated City rusts for roadi and Intersection improvements plus the total value(10e%)of any ROW dedication. SUPPLY!DEMAND COMPARISON:COST A comparison of the cost of roadway facilities provided by a development agai nst the traffic impacts of the proposed development. Cost Comparison TOTAL IMPACT OF DEMAND PLACED ON THOROUGHFARE SYSTEM: $732,480 SUPPLY a DEMAND TOTAL VALUE OF CAPACITY(SUPPLY)ADDED TO THOROUGHFARE SYSTEM', $781,123 93.77% Based on the results of this rough proportionality analysis,the value of capacity(supply)provided by the pmposed development exceeds the an5cipated impact of demand it places on the system. Given these assumptions,only 93.77%of the value of capacity supplied can be attributed to the proposed development. Therefore,the roadway improvements are NOT roughly proportional to the impact of demand placed on the system(Le.the applicant is adding more capacity than needed to support their clevelopirril Note.-k,4frimum Shandards foraccess to and horn a developrrrent may supersede lire results of this artalysrs. Future Improvements Agreement Paving and storm Drain Improvements for Westpoint Crossing D.R.Horton—Texas,Ltd. Page 10 of 10