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HomeMy WebLinkAboutContract 55918PROJECT FUNDING AGREEMENT FOR FORT WORTH ALLIANCE AIRPORT TAXIWAY PAPA EXTENSION CSC No. 55918 THIS AGREEMENT is by and between ADL Development, L.P., a Texas limited partnership ("ADL"), and the City of Fort Worth, hereinafter referred to as "City". WHEREAS, ADL and its affiliates own, develop and lease property adjacent to the Airport ("Off­ Airp ort Property") to private tenants; WHEREAS, the City has received federal grant funds for the extension of Taxiway Papa at Fort Worth Alliance Ai rport (the "Airport") which will provide (i) additional public protection along the west perimeter of the Airport; (ii) enhance the margin of safety on Airport property; (iii) allow for greater ease of access users of the Airport; (iv) grant opportunities for future development; and (v) provide better, overall operational efficiency for users of the Airport; WHEREAS, construction of the Taxiway Papa Extension Project ("Project") was awarded to Mario Sinacola and Sons Excavating, Inc. (City Secretary No. 54827, M&C 20-0765); WHEREAS, ADL desires to make a connection to the new Taxiway Papa extension that will allow for additional access to the Off-Airport Property as depicted in Exhibit A of this Agreement ("Connection"); WHEREAS, the Connection is ineligible for Federal Aviation Administration (FAA) Airport Improvement Program grant funding; WHEREAS, ADL desires to fund construction of the Connection in the amount of$685,959.50 (the "Contribution"); and WHEREAS, ADL has agreed to pay the Contribution, as defined herein, to the City to be incorporated into the Project; NOW THEREFORE, in consideration of the above recitals and the promises and covenants herein, City and ADL hereby agree as follows: 1. ADL will pay the Contribution in the amount of $685,959.50 to the City concurrent with the execution of this Agreement. 2. ADL's Contribution to the Cit y is the estimated amount of ADL's obligation for its costs related to construction of the Connection to the Off-Airport Property as depicted in Exhibit A to this Agreement. ADL shall pay final actual costs of construction of the Connection. 3. Project Funding Agreement Page 1 of 4 City will use its best reasonable efforts to perform this Agreement without undue delay. Failure to fully construct the Connection will entitle ADL to a proportional refund of the Contribution. 4. This Agreement shall be binding upon and inure to the benefit of the City and ADL 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. 5. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other Party by United States Mail, registered, return, receipt requested, addressed as follows: If to the City: City of Fort Worth Attn: Fernando Costa, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6122 Facsimile: (817) 392-xxxx With Copy to the City Attorney If to ADL: ADL Development, L.P. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attn: Tom Harris With Copy to ADL Development, L.P. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attn: Associate General Counsel Project Funding Agreement 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 Assistant City Manager. ADL Development, L.P., a Texas limited partnership By: Hillwood Operating, L.P., a Texas limited partnership, its general partner By: Hillwood Services GP, LLC, a Texas limited liability company, its general part � ner 1 � Way: &----_____-___'-•;::z,.,_;;;,Nam� · mK.Burton :: t'\ $" Title:Executive Vice President Date:J_JAf\,(, O'--f d:Gct\ CITY OF FORT WORTH, TEXAS: r-,CL.... By: Fernando Costa (Jun 28, 202117:34 CDT) F emando Costa Assistant City Manager Date: Jun 28, 2021 APPROVAL RECOMMENDED: By:� Roger Venables, Director Aviation APPROVED AS TO FORM AND LEGALITY: By:L� Thomas Royce Hansen Assistant City Attorney FORM 1295: NIA Project Funding Agreement Page 3 of4 CONTRACT AUTHORIZATION M&C: NIA Date Approved: NIA---------- ATTEST: By:�?� Mary J. Kayser City Secretary 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. ��ffe By: TylerDalew?nis, 202115:37 CDT) Tyler Dale Airport Project Coordinator Project Funding Agreement Page 4 of4 f�' � j . I }�`�,' 1 I � +� :.c � - , ' � T#��I _ '' I � I --. � � � � � �� r � � � �? O ! � m w W E X -'_' H � X ': 'I e. r ? � X � �� o d a X � Z o Q w �aw W U Q Z a � a • • �� ¢ 3 � 3I� --- c � Q,Ci; ". °��_ : • `� r '� � /:-_" [ I I :� i�. I ,.---- j: v� , _'_ i[ _ le i I �_.� f` _ .. i ,I C� �_;I I .. I � i � ... i i � C � I _ at:,:`'p. �-j •I' _.. �i 1 d i. � '{ _ �� � y �_.,� L':if' ,�.1 � ' 'L � � 9 �� fi 1 ,-.� r C 0 U� N � � 0 U -b. - . a� -v c � � J O Q �