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HomeMy WebLinkAboutContract 54052 IVD CSCO No. 54052 DEVELOPER FUNDING AGREEMENT FOR BASSWOOD BOULEVARD ADJACENT TO LASATER ADDITION THIS AGREEMENT is by and between SAGINAW 106 LTD, a Texas limited partnership, hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as "City" WHEREAS, Developer, is/was the owner of land being developed as a residential community commonly known as Lasater Ranch, an addition to the City of Fort Worth, Tarrant County Texas,more fully described in Exhibit"A" attached hereto (the"Property"); and WHEREAS, in order to serve the Property, Developer would have been required to construct the northern lanes of Basswood Boulevard along the subdivision's frontage; and WHEREAS, City contracted to construct the northern lanes of Basswood Boulevard from FM 156 to Big Fossil Creek; and WHEREAS, in lieu of Developer constructing its portion of Basswood Boulevard pursuant to a Community Facilities Agreement,the City constructed that portion of Basswood Boulevard as part of the larger Basswood Boulevard bridge project(the"Facility")as a City project,with Developer to contribute funds equivalent to its proportionate share of the arterial street toward the City's construction of the Facility; and WHEREAS, Developer will make a total contribution to the City of$686,150.00 for its share of the Facility's design and construction costs (the "Contribution"); 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. City,at City's cost(including Developer's Contribution),has designed and constructed the Facility.The scope of the Facility is shown on Exhibit"B"attached hereto and incorporated herein. 2. Developer will pay the Contribution to the City within 10 days after the City fully executes this agreement. 3. Developer's Contribution to the City shall be the entire amount of Developer's obligation for its costs related to the Facility, such Improvements being necessitated in part by the additional traffic demands that the development of the Property will be placing upon the arterial street network. The Contribution fairly represents the Developer's proportional share of the cost of the Facility and shall not be refunded for any reason. OFFICIAL RECORD Dev Funding Agreement CITY SECRETARY Page 1 of 5 Lasater Ranch adjacent to Basswood Boulevard FT WORTH,TX 4. 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. If Developer or any subsequent owner transfers the Property or any portion thereof prior to the performance of all obligations of the Developer hereunder, Developer or such transferring owner shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this Agreement performable from and after the date of transfer. From and after the date of such transfer, the transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further obligations under this Agreement, with respect to the Property or portion thereof transferred. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Dev Funding Agreement Page 2 of 5 Lasater Ranch adjacent to Basswood Boulevard Executed by each parry's duly designated and authorized representative,effective as of the date subscribed by the City's designated signatory. CITY OF FORT WORTH DEVELOPER Saginaw 106,Ltd., a Texas Limited Partnership, f�1Gl�GfP�IGIA�D�F Dana Dana Burr&doff(Jun22,202 1:567 CDT) by: Windfall Investments,Inc. Dana Burghdoff a Texas corporation Assistant City Manager Date: Jun 22,202U Ddta A&ne Don Allen(Jun 19,20201057 CDT) Recommended by: Name: Don E.Allen Title: Development Manager 41W AV Jun 19,2020 DJ Ha (Jun 22,202017AO CDT) Date: D.J. Harrell Director Development Services Department Approved as to Form &Legality: aruT.r.+w.. Mack(Jun 22,202016.05 CDT) Douglas W Black Assistant City Attorney M&C No. N/A Contract Compliance Manager: Date: By signing, I acknowledge that I am the Form 1295: person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting ATTEST: requirements. S � 4 ' `TSs j 4Ay Talle wesferman Julie Westerma n(J u n 19,202011:09 CDT) Mary J. Kayser ': ` t Julie Westerman S'.i� City Secretary f: Graduate Engineer `'• , .. .{. OFFMAL RECORD CITY SECRETARY FT. WORTr, Dev Funding Agreement Page 3 of 5 Lasater Ranch adjacent to Basswood Boulevard Exhibit A The Property BEING two tracts of land embracing Phases 1, 2 and 3 of LASATER RANCH, City of Fort Worth, Tarrant County, Texas and being more particularly described as follows: Tract One: BEGINNING at the southwest terminus of Victoria Drive (SO'R.O.W.) in the east line of Blue Mound Road(R.O.W. varies); THENCE N 000 38' 00" W, 50.00 feet; THENCE S 890 42'48" E, 300.28 feet; THENCE N 000 38 32" W, 397.37 feet; THENCE S 890 46' 29" E, 2568.62 feet; THENCE S 000 03' 50" E, 1552.86 feet; THENCE N 890 44'42" W, 1100.11 feet; THENCE N 000 37'46" W, 280.00 feet; THENCE N 890 42'48" W. 853.38 feet; THENCE N 000 37'46" W, 419.85 feet; THENCE N 890 42'48" W, 599.65 feet; THENCE N 000 38' 32" W, 404.14 feet; THENCE N 890 42'48" W, 300.29 feet to the POINT OF BEGINNING and containing 76.475 acres of land, more or less. Tract Two: BEGINNING at the northwest corner of the herein described tract,being the northeast corner of Lot 1, Block A, Advantage Self Storage Addition, an addition to the city of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 12662, Plat Records, Tarrant County, Texas; THENCE S 890 47' 14" E, 2133.15 feet; THENCE S 000 03' 50" E, 223.89 feet; THENCE S 880 35' 37" W, 2135.08 feet; THENCE N 000 12'46" E, 284.21 feet to the POINT OF BEGINNING and containing 12.444 acres of land, more or less Dev Funding Agreement Page 4 of 5 Lasater Ranch adjacent to Basswood Boulevard Exhibit B The Facility BASSWOOD BLVD BRIDGE r CWow 4� �.A894YO4D �AMWOCUIM LOS lop _2I1`{'iR MCLEROY yyAFhUGt$MITHFIEL❑ � TERNGENT. R ^' ' �* PR {CI � "drp v ff S M'4RKIV LONGHORN LU Pp LONG LL' d Z - z Le'ge nd , F[1RTW(1 TH -CFVVG19.SOE.TRN_MA1C1R_$TREETS Y li.l Dev Funding Agreement Page 5 of 5 Lasater Ranch adjacent to Basswood Boulevard