Loading...
HomeMy WebLinkAboutContract 55997 07/13/2021 CSC No.55997 1:44 pm The FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS ALLEY PAVING IMPROVEMENTS FOR 3133 GREENE AVENUE This FUTURE IMPROVEMENTS AGREEMENT ("Agreement"), is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and 3133 Greene Investments, LLC ("Developer"), a Texas limited liability company, acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is the owner of a tract of land within the City of Fort Worth located at 3133 Greene Avenue, Fort Worth, Texas 76109 ("Property"); and WHEREAS, Developer is developing the Property by constructing a duplex on the Property ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure that is constructed according to City standards; and WHEREAS, the City has issued a residential building permit for the Project, PB20-12418 ("Building Permit"); and WHEREAS, as a condition of the issuance of the Building Permit and the approval of the Project, Developer is required to pave the alley behind the Property with reinforced concrete, as more specifically identified in Exhibit "A" which is attached hereto and incorporated herein by reference ("Improvements"); and WHEREAS, before the Developer can construct the Improvements, the City must complete replacement of an existing sanitary sewer within the alley pursuant to City Project Number 02738; and WHEREAS, the City and Developer agree that in order to avoid delaying the City's approval of Developer's Project and to allow Developer to have tenants occupy the Property, Developer will pay to the City, $42,719.00, which equals one hundred twenty five percent of the cost of the Improvements ("Developer Funds"); and WHEREAS, upon Developer's construction of the Improvements, City will refund the Developer Funds to the Developer; and WHEREAS, if Developer fails to timely construct the Improvements, City may use the Developer Funds to construct the Improvements; and OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Alley Paving Improvements for 3133 Greene Avenue Greene3133 Investments, LLC Page of 10 FT. WORTH, TX WHEREAS, the determination of the amount of Developer 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 . Improvements The Improvements and the estimated cost to construct the Improvements are described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. Future Improvements Funds Concurrently with the execution of this Agreement, Developer has paid to the City $42,719.00, which amount represents one hundred twenty five percent of the estimated cost of constructing the Improvements ("Future Improvements Funds"). The Future Improvements Funds shall serve as the entire amount of Developer's contribution for the cost to construct the Improvements. 3. Construction of Improvements After the City completes replacement of the existing sanitary sewer line within the alley, City shall send written notice to Developer to proceed with construction of the Improvements ("Written Notice"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within ninety (90) days of Developer's receipt of the Written Notice. If Developer fails to complete construction of the Improvements and obtain the City's acceptance of the Improvements within one ninety (90) days of receipt of the Written Notice, City shall use the Future Improvements Funds to construct, or cause to be constructed, the Improvements at a time convenient to the City. If City constructs the Improvements, Developer will have no further obligation to pay any amounts in addition to the Future Improvements Funds or take any further action with regard to the construction of the Improvements, even if: (a) the actual costs to construct the Improvements exceeds the Future Improvements Funds; (b) the specifications, composition, or other characteristics of the Improvements hereafter change for any reason; (c) a mistake has been made (mutual or unilateral) in computing the cost of constructing the Improvements; or (d) the costs or scope of the Improvements change for any reason. Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 2 of 10 4. Notices All notices required or permitted under this Agreement may be given to a party by hand-delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office 3133 Greene Investments, LLC City of Fort Worth 6105 Laurel Valley Ct. 200 Texas Street Fort Worth, TX 76132 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 5. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 6. Headings The paragraph headings contained herein are for the convenience in reference Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 3 of 10 and are not intended to define or limit the scope of any provision of this Agreement. 7. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 8. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this Agreement; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 9. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 10. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 11 . Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meaning ascribed to those terms by Chapter 2271 of Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 4 of 10 the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 12. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 13. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 14. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the City and Developer, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 5 of 10 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER: 3133 Greene Investments, LLC Le nna Burghdoff( 13,zo 1L Nick" rnzor(Jul 12,20210 CDT) Dana Burghdoff Name: Nick Wanzor Assistant City Manager Title: Manager Jul 13,2021 J u l 12,2021 Date Date Recommended by. Evelyn Ro er[s(Jul 12,202109:26 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development APPROVED AS TO FORM AND LEGALITY RcFa —ken(J712,202116:58 CDT) Richard A. McCracken Sr. Assistant City Attorney on �pF°°°°°°°°°�L�d Contract Compliance Manager: ATTEST: p�o° 0 A �C�o 0 By signing, I acknowledge that I am the �� o o d� person responsible for the monitoring and d� °°°°°°°°°°o administration of this contract, including ensuring �� EXASapp all performance and reporting requirements. Ronald P.Gonzales(Jul 13.2 13:28� Ronald P. Gonzales Acting City Secretary Name: Tyson Thompson, PE Title: Assistant Director OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC FT. WORTH, TX Page 6 of 10 EXHIBIT A Ln Ln § [\\) | � - _ P � |� ■ �||| Q - / G �\ - -© \/ x o 0 /� a2 , ( §§i§�2 /�| k ° ° :\ Uj / � kl ( ® \ \ e �[4.r:-'� 2 $|� � / . ws F DE'a T. . �HD / % I ƒ \ / ƒ e / k\ co Future Improvements Agreement Alley Paving Improvmenb era 33 Greene Avenue 3 33GreeneInvestments, L C Page 7 of 10 04 3 Nfl.UlJ3dONd y y\ w z 4 W W R4� de Eio // Z 6V¢ >N Z yy,, 69 Ir M WE Ogg 15 m u+LLJ �' a a V \ 3...3UL3] acn �oaow 3 Nll.U213d0Nd \\ 3Nr.VY3dONd V + X//\ X// \ \ 0 /\\ } 3N1N3llQ3J Q F /\\\\\\ /\\\\\\ 9.8 ty 3Nr1.JA3d0dd '\"\\ iwm=tea�tE — a�� ,Z. g z I Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 8 of 10 m 3WR kw3dONd \�/\l\✓�\ ////✓\\ //\`{ M o} H a WEJ �O a � � arvnaaum V y�\�/j\\/\\\/✓\/� n 9 dzcj� ✓\\\\j q 3NIl kW3dcHd pwO�� j}2 ma *y�W cwi E w r�No Jp�WF �orc �saz wz �ZOW YYo MFFH ;O �UaH O= �ao8 Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 9 of 10 Steve Long Concrete, JOB ESTIMATE 2817 Wren Ave_ Fort Worth,TX 76133 817-994-7195 slongeoncreteCa, att.nek fi12812021 TO: Tym Seay Ravenwood tymieornsn.corn rrERfZED E67MATE:TIME AND MATERIALS 3133 Greene Ave to Devitt Ave Alleyway AMOUNT City Permit S175.00 Compactable Base S1,600.00 Compaction Test 51,800.00 2500 Sq,Ft,Alleyway Concrete Steel and Labor*$11.00 PSF 527,500.00 11 Ft_Wide City Approach 51,500.00 200 Ft_Curt)on sides of Alleyway @ S8.0fl Per Ft_ S1,600.00 TOTAL ESTIMATED JOB COST $34,175.00 This is an estimate only,not a contract_This estimate is for completing the jab described above,based on our evaluation.It does not include unforeseen price increases or additional labor and materials which may be required should problems arise. Steve Lang June 28,2021 PP.EPA3=D BY DATE Future Improvements Agreement Alley Paving Improvements for 3133 Greene Avenue 3133 Greene Investments, LLC Page 10 of 10