HomeMy WebLinkAboutContract 53618 03/06/20
12:10 PM CSC No.53618
FUTURE IMPROVEMENTS AGREEMENT
FOR
INFRASTRUCTURE IMPROVEMENTS
Watson Creek Estates
WHEREAS, the City of Fort Worth ("City") has entered into that certain
Community Facilities Agreement (CFA18-044) ("CFA") with ADG Watson Creek LLC,
"Developer"); and
WHEREAS, the CFA includes Developer's proportionate share of the
construction of Paving and Street Light Improvements, a portion of which is within Alta
Vista Road between Beach Street and Golden Triangle, as shown on Exhibit A; and
WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those
certain improvements for Watson Creek Paving and Street Light improvements within
Alta Vista Road between Golden Triangle and Monterey Dr. , as shown on Exhibit B,
C1 (the "Improvement"), City will instead construct the Improvement(s) as part of Future
Improvement Watson Creek work ("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 of
$172,747.80 ("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.
OFFICIAL RE v
CITY SECRI. F rt
Developer Funding Agreement—\\ataon Creel:I CFA
FT. WORT
Page 1 of 4
2.
Concurrently herewith, Developer has paid to the City the amount of
$172,747.80, 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.
4.
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 Wo,k.
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 DEVELOPER:
ADG Watson Creek, LLC
Dana Burghdoff(M r 5,2020) Robert Ray(Mar 3,202i.
Dana Burghdoff Robert Ray
Assistant City Manager Manager
Mar 5,2020 Mar 3,2020
Date DateLOFFJUALDeveloper Funding Agreement—Wat_�on Creek E,tate CFA RY
Page 2 of 4T% p
ATTEST:
Nary-7 Kayser U' j
Mary J. Kayser
City Secretary j
Contract Compliance Manager
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.
Janie S. Morales
Development Manager, Development Services Department
APPROVED AS TO FORM
rQk2w
Pfw&---
Douglas W. Black
Sr. Assistant City Attorney
OFFICIAL bRfC,
CITY SECR�°T;;a-
FT. WORTH,
Developer Funding Agreement-- CFA
Page 3 of 4
EXHIBITS
Developer Funding Agreement—Watson Creek Estates CFA
Page 4 of 4
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidde
Project Item Information
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity
UNIT IV: PAVING IMPROVEMENTS
1 3125.0101 SWPPP >= 1 acre LS LS 1
2 _Sod � � SY 600 —
3 7" Reinf. Concrete Pavement SY 1432
4 6" Lime Stabilized Subgrade SY 1544 —
5 6% Hydrated Lime (29.7 Ibs/sy) TONS 23
6 4" SLD Markings (White) LF 260
7 4" SLD Markings (Yellow) LF 520
8 Ramps EA 2
9 Sidewalk _ _ —�� _ SY 286
10 Street Lights � EA 2 —
11 Contingency % 25%
12
13
14
15
16
17
18
19
20
21
22
23 _
24
25 _
26 _
27
28
29
30 _
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