HomeMy WebLinkAboutContract 48541 2 34
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CONTRACT NO.
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FUTURE IMPROVEMENTS AGREEMENT
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INFRASTRUCTURE IMPROVEMENTS
WHEREAS, the City of Fort Worth ("City") has entered into that certain
Community Facilities Agreement (2016-100) ("CFA") with RJ FW Commercial LLC, an
Idaho limited liability company, and HC Arlington Charter LLC, an Idaho Limited Liability
Corporation authorized to do business in Texas, (collectively "Developer"); and
WHEREAS, the CFA includes the construction of a storm drain, a portion of
which is within Heritage Trace Parkway Exhibit A; and
WHEREAS, the in lieu of the requirement in the CFA for Developer to construct
that portion of the stormdrain within Heritage Trace Parkway, as shown on Exhibit A
(the "Improvement"), City will instead construct the Improvement within Heritage Trace
Parkway, as a part of a CIP project, with Developer to contribute funds equivalent to its
proportionate share of the Improvement; and
WHEREAS, Developer desires to provide to the City funds in the amount of
$92,339.50 ("Funds") for the City to construct the Improvement; and
WHEREAS, The City agrees to accept the amount offered by Developer and to
construct the Improvement;
NOW THEREFORE, in consideration of the above recitals, City and Developer,
acting herein 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 the Funds are sufficient, or if not, that additional
public funds as may be required are available.
2.
Concurrently herewith, Developer has paid to the City the sum of Ninety-Two
Thousand Three Hundred Thirty-Nine Dollars and Fifty Cents ($92,339.50), such Funds,
the Owner and City agree, are the entire amount of Owner'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 obligation whatsoever to pay any amounts in addition to the
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
Developer Funding Agreement—Stormdrain in Heritage Trace Pk%vy OFFICIAL RECORD
Pagel of 4 CITY SECRETARY
FT.WORTH,TX
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 performance of construction will be subject to delays caused by
events of Force Majeure.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
(Signatures and Exhibits to follow)
Developer Funding Agreement—Stormdrain in Heritage Trace Plavy
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 signatory.
CITY OF FORT WORTH DEVELOPER:
RJ FW Commercial, LLC
By: TCSF8-Garland K-8 LLC, an Idaho
limited liability company, its sole
member
Jesus J. Chapa Signature
Assistant City Manager R
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*'• DEVELOPER:
V * HC Arlington Charter, LLC
APPROVED AS TO FO
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3T-Assistant City Attorney
Title
Date
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Developer Funding Agreement—Stormdrain in Heritage Trace Pkwy
Page 3 of 4
EXHIBITS
Developer Funding Agreement—Stormdrain in Heritage Trace Pkwy
Page 4 of 4
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:�'' TION
HERITAGE TRACE PW
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LOCATION MAP
MAPSCO NO. 21S
COUNCIL D/SIRICT 7
HAIP MO C011"RCIAL
OAR/DEVEMpER: LOTS 1 THRU 4
HAWMS COMPANIES BLOCK 1
855 BROAD STREET SUITE 300
BOTS q ID 8302 BEING 6.231 (GROSS) ACRES OF LAND LOCATED IN THE
TEL: (208) 908-5505 WILLIAM MCCOWEN SURVEY, ABSTRACT NO. 999
EMAIL: bhuffakerehcollc.com CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
CASE NUMBER. FS-16-114
CASE NAME. HERITAGE. TRACE COMMONS
D
A 7E.- 1%6/2016 HA WKINS 1 1 1 1 m a
2719-00-06 COMMERCIAL " 1
PLAT INFORMATION mycosi ie+mcinnis+associates
C STRICKLAND `� eMlerglnseft surveying laMecapearchheeture planning
& Y ICINITY MAP tbpe re$sbe6on numbs: f—2759
Y• H. PEARCE 2gt eaat abram
arlington, tezae 76010
617-469-1671
1 OF 5 fax: 617-274-6757
www.mmotoxao.com
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EX. 36" RCP W
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EX. 20' v EX. 8' SQ. MANHOLE
CURB INLET
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PROPOSOpED 7'x6'--,,
DP INLET
WJTHR2' APRON EX. 15' EX. 15'
RECESSED RECESSED
CURB INLET W CURB INLET
' 24" RCP PROPOSED
2 TO BE DONIF
(REMAINDER) BY OTHERS)
30' DRAINAGE & UTILITY ESMT. I
VOL 14098, PG 156
DRTCT
LEGEND
—— — EXISTING STORM SEWER LINE �-
PROPOSED STORM SEWER LINE
50 0 25 50 100
13 STORM MANHOLE
a EX. CURB INLET 1 inch = 50 fig
DATE: 10114/2016 HA'WKINS m m a
PROJECT , • 271s—oo—os COMMERCIAL
STORM DRAINAGE mycosing su mcinnis+associates
DRAWN BY C. STRICKLAND aM�enpineerug eurveylnp IaMecnpe e+chMecNie penning
EXHIBIT "B_1 of tbpa regletmUon number. f—2759
280east abram
CHECKED BY• H. PEARCE aril ngtan, texas 75010
817-489-1871
SHEET NO: 1 OF 1 fax: 817-274-8757
rrw.mmatsxaS.cam
HAWKINS COMMERCIAL 10/14/2016
CFA PROJECT QUANTITY MATRIX
UNIT 1:STORM DRAIN
SHEET NO. ITEM TOTAL UNIT PRICE ITEM TOTAL COST
ITEM NO. BID ITEM UNIT C7.05 a
1 5'X4' BOX'CULVERT L.F. 97 97 $ 552.00 $ 53,544.00
2 7'X6' DROP INLET E.A. 1 1 $ 18,500.00 $ 18,500.00
3 39"RCP,CLASS III L.F. 20 20 $ 395.00 $ 7,900.00
4 IREMOVE 5'DROP INLET E.A. 1 1 $ 2,800.00 $ 2,800.00
5 REMOVE 48"STORM LINE L.F. 107 107 $ 52.50 $ 5,617.50
6 TRENCH SAFETY L.F. 117 117 $ 34.00 $ 3,978.00
UNIT TOTAL $92,339.50