HomeMy WebLinkAboutContract 31709-A1 Amendment No. 1 to Infrastructure Development Agreement
STATE OF TEXAS S CITY SECRETARY CONTRACT NO. _31-7c'! -A
COUNTY OF TARRANT S
WHEREAS, the City of Fort Worth (the "Citt ") and Edwards Geren Limited (the "Family") entered
into that certain Infrastructure Development Agreement(City Secretary Contract No. 31709), effective
April 26, 2005 (the "Agreement"); and
WHEREAS, the Agreement sets out the City's obligations to design and construct certain roadway
and utility infrastructure improvements in connection with the proposed Southwest Parkway, as described in
Exhibit B to the Agreement (the "Project-Related Infrastructure"); and
WHEREAS, pursuant to the Agreement the Family is permitted to request changes to the Project-
Related Infrastructure to be constructed at the Family's sole cost and expense (the "Design Upgrades"); and
WHEREAS, on August 26, 2008, the City Council approved M & C C-22996 authorizing the City
Manager to execute a contract with C. Green Scaping, L.P. for construction of Project-Related Infrastructure
consisting of sidewalks, irrigation and street lighting improvements to portions of Arborlawn Drive and
Bellaire Drive, including a Design Upgrade funded by Riverhills Ranch, L.P. in the amount of$54,632.00
for an alternate irrigation plan; and
WHEREAS, M & C C-22996 also authorized the City Manager to execute Amendment No. 1 to the
Amendment No. 1
Infrastructure Development Agreement
LFT.W0M,TX
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Agreement to provide for maintenance of such irrigation and landscaping improvements described therein by
the Family; and
NOW THEREFORE, the City and the Family, acting herein by and through their duly authorized
representatives, agree to amend the Agreement, as follows:
1.
Section 3 is retitled"Construction; Maintenance"and Section 3(c) is added to read as follows:
The Family, or an assignee, shall maintain irrigation and landscaping improvements to portions of
Arborlawn Drive and Bellaire Drive constructed by C. Green Scaping, L.P. in accordance with City
Secretary Contract No. 37580 (M & C C-22996) at the Family's sole cost and expense. The Family, or its
assignee, shall maintain such irrigation and landscaping improvements to standards that equal or exceed the
City's maintenance standards.
2.
All provisions of the Agreement that are not expressly amended shall remain in full force and effect.
Amendment No. 1D
Infrastructure Development Agreement CiTYSECRETARY
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DALLAS-1124184 v4 1284545-00010 FTWORTH �"�tV
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3.
Unless expressly defined herein,all terms shall have the meaning set forth in the Agreement.
EXECUTED on this the 6+1& day of Cejxj ,2009, in Fort Worth, Texas.
CITY OF FORT WORTH: EDWARD IMITED
Fernando Costa Name:Crow4;oc'A 1A. �S
Assistant City Manager Title: CGeue = J�«.+
Recommended by:
William A,Verkes , .E.
Director,Transportation and
Public Works Department
Approve o Form andlTeg
Amy J.
Assistant City Attorney
ATTEST: L'A' a'R lb
contract AUthorizatiox
S I auOg
Marty Hendrix Date
City Secretary
Amendment No. I
Infrastructure Development Agreement °" ` '-� BIRD
Page 3 of 3 CITY SECRETARY
DALLAS-1124184 v4 1284545-00010 FT.WORTH,TX
M&C Request k2evie Pagel of 2
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Print M&C
COUNCIL ACTION: Approved As Amended on 12/7/2004
DATE: 12/7/2004 REFERENCE NO.: C-20437 LOG NAME: 30EDWARDS GEREN
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of Infrastructure Development Agreement with Edwards Geren Limited
Relating to State Highway 121-T
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute the attached Infrastructure Development Agreement with
Edwards Geren Limited (Edwards Geren), subject to non-material changes that may be agreed to between
the parties prior to execution, relating to the construction of State Highway 121-T; and
2. Approve the wire transfer of funds to an escrow account overseen by Alamo Title in the amount of
$9,662,031.25 as provided by an escrow agreement attached hereto as Exhibit D.
DISCUSSION:
The attached Infrastructure Development Agreement(Agreement) calls for the City to fund and construct
approximately $9,662,031.25 in infrastructure related to the development of State Highway 121-T, subject to
a final estimate prepared by the City and Edwards Geren. These infrastructure improvements provide for
water, sewer, paving and drainage improvements as part of the construction of Stonegate Boulevard from
Hulen Street to Bryan Irvin Road, Arborlawn Drive from International Parkway to Bryant Irvin Road and
Bellaire Drive from the current terminus to Arborlawn Drive.
The Agreement allows Edwards Geren to construct these improvements if the City fails to do so and to
receive reimbursement from the City pursuant to an escrow agreement attached to the Agreement as
Exhibit E.
M&C G-14605 for Council's consideration on this weeks agenda City staff is recommending that the City
Council designate an area that includes the property where the infrastructure will be constructed as a Tax
Increment Reinvestment Zone (TIF). The preliminary project and financing plan for the proposed TIF includes
all infrastructure that the City is to construct pursuant to this Agreement. This will allow the TIF to reimburse
the City for costs incurred by the City for the construction of the infrastructure from future tax increment funds
generated by the TIF. The TIF may also reimburse Edwards Geren for costs incurred for the construction of
the infrastructure by Edwards Geren in the event the City fails to undertake such construction. It is anticipated
that all procedures necessary for designation of the TIF will be completed by the end of this calendar year.
This property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
http://www.cfwnet.org/council_packet/mc_review.asp?ID=2564&councildate=12/7/2004 4/26/2005
M&C Request Review Page 2 of 2
e
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
SH'121 T- Southwest Parkway Fund and the Water and Sewer Operating Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 106000 000000 $1,770,977.00 PE45 101000 000000 $1,770,977.00
C221 106000 303230000500 $7,891,054.25 C221 101000 303230000500 $7,891,054.25
Submitted for City Manager's Office by: Marc Ott(6122)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker(6157)
ATTACHMENTS
Edwards Geren North Dev K 12-2.DOC
http://www.cfwnet.org/council_packet/mc review.asp?ID=2564&councildate=12/7/2004 4/26/2005