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HomeMy WebLinkAboutContract 58033 Date Received: Aug 29, 2022 City Secretary Time Received: 3.28 PM Contract No.: 58033 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS PAVING IMPROVEMENTS FOR RETREAT AT FOSSIL CREEK 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 Retreat at Fossil Creek, 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 generally located at 9901 Wagley Robertson Road,Fort Worth,Texas("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 Plan Commission approved a preliminary plat for the Project,PP-19-053; 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-19-053, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible for constructing paving improvements for Wagley Robertson Road, Magma Road/Hillwood Boulevard, and Willow Springs Road as more specifically described herein("Improvements"); and WHEREAS, Developer is unable to construct the roadways at this time because the City's corporate limits divide the existing roadways and future annexation will be required to build the ultimate sections of Wagley Robertson Road and Willow Springs Road; 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 of 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; OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 1 of 8 FT. WORTH, TX NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: 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 approximately 3,000 Linear Feet of Wagley Robertson Road (half section of NCO-L2-T0-TWLT-P0-B0P); Approximately 4,000 Linear Feet of Magma Road/Hillwood Boulevard (Local); and Approximately 2,800 LF of Willow Springs Road (full/half sections of NCO-TO-NTMS-PO-BOP) 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 $2,890,680.00, 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 i£ (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 Future Improvements Agreement Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 2 of 8 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 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 Retreat at Fossil Creek,Ltd. City of Fort Worth 10410 Windemere Lakes Blvd. 200 Texas Street Houston, TX, 77065 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. Future Improvements Agreement Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 3 of 8 9. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any 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. 14. Prohibition on Boycotting Energy Companies Future Improvements Agreement Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 4 of 8 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" 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. 15. 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. 16. 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. 17. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. 18. Entire Agreement Future Improvements Agreement Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 5 of 8 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] Future Improvements Agreement Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 6 of 8 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: Retreat at Fossil Creek,Ltd. banes LUMli204E C�k%t Clew Dana Burghdoff( g25,20 11:32 CDT) Chris Chew(Aug 24,202215:01 CDT) Dana Burghdoff Chris Chew Assistant City Manager Chief of Operations Aug 25,2022 Aug 24, 2022 Date Date Recommended by: au..�,—Y"/,e— Dwayne Hollars Contract Compliance Specialist Development Services APPROVED AS TO FORM AND LEGALITY 41:9_ Richard A.McCracken(Aug 25,20221126 CDT) Richard McCracken Sr.Assistant City Attorney a� CoR�.Gaa �O " oo0 oory ago oo�oo Contract Compliance Manager: ATTEST: d~o o'�d d o By signing,I acknowledge that I am the �� moo° ° person responsible for the monitoring and d� °°°°°°°°°°° a administration of this contract,including ensuring �n��nExpSoba all performance and reporting requirements. OpetteS.Goodall(Aug 26,202207; CDT) Jannette S. Goodall City Secretary Name: Tyson Thompson,PE Title: Assistant Director OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. FT. WORTH T Page 7 of 8 a EXHIBIT A 0 3W ZOO FEET MAGMA ROADMILLWOOD BOULEVARD — VECINITY MAP NOT TO SCALE _ o Lia { 6 L D z f � i 0 s I f _ i FUTURE IMPROVEMENTS AGREEMENT EXHIBIT I RETREAT AT FOS41L CREEK LJ0.E�r9ineerin9�I� Future Improvements Agreement Paving Improvements Retreat at Fossil Creek Retreat at Fossil Creek, Ltd. Page 8 of 8 FORTWORTH, January 22, 2020 Mr. Ben Luedtke Hannover Property Company 3001 Knox Street,Suite 405 Dallas,Texas 75205 RE:Todd Tract Rough Proportionality(PP-19-053) Mr. Luedtke, This letter is to document previous discussions related to rough proportionality for the above referenced project. City staff has completed the rough proportionality fee assessment based on information provided, proposed land use and related demand of City roadway infrastructure. Based on all the information, the rough proportionate share has been determined to be$2,31.2,544.00. The City has agreed to allow this development to enter into a Future Improvement Agreement (FIA) in lieu of constructing the proportionate share of thoroughfare system. This shall include an executed agreement and 125% of the total estimated construction liability($2,890,680.00), as required by section 9.500 of the City Code. Both the agreement and total fees are required at the time of final platting of the initial phase of development. The Developer has also agree to dedicate additional right of way beyond the limits of the ultimate section of roadway for Wagley Roberston Rd. This additional right of Way is to accommodate the existing roadway section of Wagley Roberston Rd. If you have any additional questions or comments regarding this letter or the contents, please feel free to contact me. 4nt on, PE, CFM, CPII on, DEVELOPMENT SERVICES CITY OF FORT WORTH*200 TEXAS STREET*FORT WORTH,TEXAS 76102-6311 CUSTOMERSERvicE 817-392-2222*FAx 817-392-8116 .4%M.tn d nn ro,v,1-1 nano,