The URL can be used to link to this page

Home My WebLink AboutContract 56029 07/19/2021 CSC No.56029 2:52 pm FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS ALLEY PAVING IMPROVEMENTS FOR 3220 FOREST PARK BLVD 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 ABJK Investments Limited Liability Company ("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 3220 Forest Park Boulevard, Fort Worth, Texas 76110 ("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, PB20-16162 ("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, Atmos Energy must lower an existing gas main and replace existing customer service lines, Atmos Energy project number 080.73641 ; 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 $48,407.88, 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 Future Improvements Agreement OFFICIAL RECORD Alley Paving Improvements for 3220 Forest Park Blvd CITY SECRETARY ABJK Investments Limited Liability Company Page 1 of 12 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 $48,407.88, 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 Atmos Energy lowers the existing gas main and replaces the existing customer service lines, 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 completes construction of the Improvements and obtains City's acceptance of the Improvements within ninety (90) days of Developer's receipt of the Written Notice, City will refund the Future Improvements Funds in the amount of $48,407.88 to Developer. If Developer fails to complete construction of the Improvements and obtain the City's acceptance of the Improvements within 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 Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 2 of 12 the cost of constructing the Improvements; or (d) the costs or scope of the Improvements change for any reason. 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 ABJK Investments LLC City of Fort Worth 8992 Preston Rd Ste 110-415 200 Texas Street Frisco, TX 75034 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 Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 3 of 12 The paragraph headings contained herein are for the convenience in reference 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 Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 4 of 12 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 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 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 5 of 12 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: ABJK Investments, LLC ,lnwa&�427 ye Goni Rgmasoshan Dana Burghdoff(Ju is,202ii :ser Gopi Ramaseshan(Jul 14,2021147-7- Dana Burghdoff Name: Gopi Ramaseshan Assistant City Manager Title: Manager Jul 15,2021 J u 1 14,2021 Date Date Recommended by. /L z! P" Evelyn Ro s(Jul 14,202114:33 CDT) EvelyK Roberts/Jennifer Ezernack Project Assistant Planning and Development APPROVED AS TO FORM AND LEGALITY Rich ar A.McCracken(Ju 114,202115:06 CDT) Richard A. McCracken Sr. Assistant City Attorney a Contract Compliance Manager: ATTEST: P. O0o 00 � By signing, I acknowledge that I am the ,0ry o 0 person responsible for the monitoring and ��T* �� 6( 0000000 �Y administration of this contract, including ensuring Ronald P`eaonbaze 9.59 all performance and reporting requirements. Ronald P. Gonzales Acting City Secretary 4N-- Name: Tyson Thompson, PE Title: Assistant Director Future Improvements Agreement OFFICIAL RECORD Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company CITY SECRETARY Page 6 of 12 FT. WORTH, TX EXHIBIT A MR FUR 'IX1 LL1fSd N311N 1'3i3-.Mail• W W A Q Q j � w U � o a �c z 0Jill �q E-=-1 Q � W � Q ILIIIIIII II 0`7 `� '• ��s � 9=4 r� U � HC) o ® ri x � w Ca � a 00 r� A FYy ["j U C4 +�7+�•nVwW ww vu•�uu uua ra rio-e�lu-e,WmW.:e++t..,�:�_7•,l�'..3.w.. �ir�o.�o+r u•.».T. Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 7 of 12 SVX91'A-1W10:]1J VWUVl - SBA OS t H17I011&1NOd 3O A1.IO %� •u+x;"��•_^ J.a k a'.a �44Vd ON VlaOAO Z45W'I N011I00V 111V:]OI4 V SH3A9 40 bl 9:7/YI9'61 10 1 ";•� -. ia'ioj�os�p$iqo> q, `-'• ':3'�'r.,l kArS-.A _ n� 311'aNIV412ANI 'OAIBXNdd,LMOADZUff SNOUVIC01'dO2NVu w ° 70M WISN30100 1N3W7+VJ k71'NMIN ® dV1NV3WKV'NIVa09NUN] hii��:•i+' C i I \ \ ai y t Rg i<g t a a t I t t i tl" t Q t I � I ° � R 1 1 — � 1 � 1 i I � wan+�r>auro�wu��n rw uuu 9�a r�o-siuu,�bwn,•rwn�.uw�wsan�,..,rn Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 8 of 12 SWRL'A aim 1MV)MV1 FVd HEW,%AQA dO AllyNVl a3A0616"l .NOILMOV lxv-ow V SH3A9 dO b11:)01E'61 UYI iaioj�os�p$aiqoj q, `-'u�':3'l.'N3W153ANI UA'IRMdIMOAOZZt,IV ® 91011Vl)OWO�VVdt7 w )�o�atl15rr3a1o� i.N7MAVd1,'711VMIN � N3 tl3�jtVIV 0O35adOad C e 4 8 NUI i mwna � mi111L � ' jh y 8 6 8 P 8 B 8 a R� r% ■■ " - Is [ • 1 0-�; YY e e e aaa t I n 1h a y 1 �f� t L 1 � ��►► rr W� wus�x.rwnumw vwx w�}n wu..,eau ro-sivutit+wn,wwnce,;x,wun a,.,�re Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 9 of 12 SVY3I',M Dd!0:]1N6'i1xdL ""'�' .. >, P,.:," •"ll�9,Y .1, sera-score x�'oosla� xyxo Lxo3.3var.1D �I MVd QNVldaAO L6971 NOILIOOv INV.(]YJ 1P SxHlL9�0l171:70'IE'6I 1(YI i Wj-.Vja qhj 1, 311'UN1W151ANI 'GAM XBVd IMN KU.iV oar of oo•a vis w 7CCN WE N10109 1.1�WAVJ A71'IV-WIN ® aildaaa eNaNnC 311v C N I I � .1 III I ; ww I l I e.nnrrwnumx,vw w,n rw sw e«rio-enieb�uioav,.wn uau�rn;i.,e r„ rrnwa wr.w� Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 10 of 12 Sv3M.UN-r10:11Hv8xdL - NPO-secs[Xi'oOsiad �,yHd ONVla3��LGGB7l N011IOQv1W7.7YV 1P Sx�A9 d0 bl M70'I9'hl.l.01 '" ;a�oi�ocsa�a;y'oj +3, ' ';3'm'f°Y�H°�',A'� "' l..f) 311'$1N3W153ANI 'TTQ�t1lI�BJ�!TRTIAAdVVd11Sii�!!7TTI�0f�A1V6ZZAAf11Vi "°°"' svaua�soNvsala�u NVE NI TOO �L�AY�AllYd na llY fll.�lY ^yii�,..10; e ?s `t v w 5 a a Sx + — — + — R _ N I N ti o y o 0 2 N 979 N d ins{ p`� yes € R E4 3 JE M pqEli W�' RN Imp C% SdLaw W '� R d i it x5 Y y Ed 5 lRgo uMsl�r Wow+x�ww w�'n wa s'w°sx v io-eil�obsy�[CyrPHyrS.lm1�awT�p n wvnwa� d pio-edwm Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 11 of 12 ALSAL CONSTRUCTION INC. qqq SBE, DBE, MBE & HUB Certified 2712 Satsuma Drive,Suite 100, Dallas,Texas 75229 Phone:972-488-2673 Fax:972-488-2874 alealconstruction@gmail.com New Ailey Pavement Wednesday,June 23,2021 AT3220 Forest Park Blvd Lot 19, Block 14 of Byers&Mccart Additions City of Fort worth,Tarrant County,Texas S.NO WORK QUANTITY UNIT PRICE/UNIT TOTAL 1) Alley Paving Subgrade Compaction 3260 sf $2.40 $7,824.00 Fine Grading 3260 sf $0.90 $2,934.00 Place&Finish 3260 sf $1.00 $3,260.00 Edge 530If $3.10 $1,643.00 Exp Joint 368 If $3.50 $1,288.00 Construction joint 250 If $4.00 $1,000.00 Control joint 438 If $0.85 $372.30 concrete 82 cy $142.00 $11,644.00 Rebar 2 tons $1,500.00 $3,000.00 Mono Curb area 530 if $4.50 $2,385.00 Rental Equipment 1 Is $2,800.00 $2,800.00 Cure Compound 32 Gal $18.001 $576.00 GRAND TOTAL $38,726.30 COST PER SF $11.88 Future Improvements Agreement Alley Paving Improvements for 3220 Forest Park Blvd ABJK Investments Limited Liability Company Page 12 of 12