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CITY SECRETARY
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QGss�e SECOND AMENDMENT TO UTILITY
AND INFRASTRUCTURE AGREEMENT
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This Second Amendment to Utility and Infrastructure Agreement (this "Second
Amendment") is entered into by and between the City of Fort Worth,Texas, a home-1 ale
municipal corporation situated in Tarrant, Denton, Johnson, Parker, and Wise Count es,
Texas (the "CUt"), acting by and through its duly authorized Assistant City Manager,
170 Northstar Ranch Developer, Inc. ("Owner"); and Far North Fort Worth Municipal
Utility District No. 1 of Tarrant and Wise Counties, a municipal utility district crewed
pursuant to Article XVI, Section 59, of the Texas Constitution, and Chapters 49 and 54 of
the Texas Water Code,located within Tarrant,Denton and Wise counties (the"Distric'
effective upon execution by all parties (the "Effective Date").
RECITALS
WHEREAS, the City, Northstar Ranch, LLC and the District entered into t at
certain Utility and Infrastructure Agreement dated October 12, 2017 for the Norths<tar
development (City Secretary Contract No. 49784), as amended by that certain F rst
Amendment to Utility and Infrastructure Agreement dated August 20, 2018 (City
Secretary Contract No. 49784-A1) (collectively, the "Agreement"); and
WHEREAS, Owner owns and is developing approximately 402 acres of the
approximately 733 acres of land comprising the Northstar development;and
WHEREAS, Northstar Ranch, LLC intends to transfer the remainder of the
Property to Owner in phases as such Property is ready for development;and
WHEREAS, Northstar Ranch, LLC has assigned all rights and obligations under
the Agreement to Owner; and
WHEREAS, the City, Owner and District wish to make additional amendments
to Section 5.01 of the Agreement, to modify requirements for construction of roads, and
to amend Section 5.05 to make clear that the City consents to the District financing any
roads required by the City to serve the Northstar development, including roads outside
the District;
NOW, THEREFORE, in consideration of the premises, mutual promises,
covenants, obligations, and benefits herein contained, the City, Owners, and Distr ct
agree as follows:
MCITY
AL. RE ORS'
ECRE ARC
ORTH T)
Second Amendment to Utility and Infrastructure Agreement-Page 1
AGREEMENT
1. Section 5.01 is amended in its entirety to read as follows:
(a) Owner and District will coordinate with the Texas Department of
Transportation ("TXDOT") on the extension of the existing U.S. Hwy 81/287 t o-
way northbound frontage road ("NBFR") from Santa Fe Court to Northstar
Parkway to serve the initial phases of the Property. As soon as TXDOT has
completed the proposed grade separated interchange with Ramhorn Hill Road at
U.S. 81/287, the existing two-way frontage that ends approximately 3,800 f et
south of Northstar Parkway shall be converted to one-way and extended north to
comiect to the interchange. City, District and Owner acknowledge that he
obligation to extend the two-way frontage road from Northstar Parkway to
Ramhorn Hill Road shall be that of TXDOT, not the City or Owner.
(b) Owner and District shall construct the following infrastructure
concurrently with the first phase of the Development, as depicted on Exhibit E: (i)
north bound right turn deceleration lane at U.S. Highway 81/287 and Northstar
Parkway 4D (four lane divided); (ii) extension of two-way operation of U.S.
Highway 81/287 north bound frontage road to Northstar Parkway; (ill) the qvo
(2) south lanes of Northstar Parkway from U.S. 81/287 to Sendera Ra ch
Boulevard; and (iv) realignment of the intersection with Bates Aston. �he
infrastructure described in Subsections (i) and (ii) is subject to inspection and
approval by TXDOT. The infrastructure described in Subsections (iii) and (iv is
subject to inspection and approval by the City. Final inspection and approval of
the infrastructure described in Subsections (i) through (iv) is not a prerequisite to
issuance by the City of building permits for the first phase of the Development
(c) Owner and District shall construct a north bound on-ramp to U.S.
Highway 81/287, as depicted on Exhibit E. upon construction by TXDOT of 1he
proposed grade separated interchange with Ramhorn Hill Road at U.S. 81/287
described in Section 5.01(a), unless TXDOT has constructed such on-ramp in
connection with construction by TXDOT of the proposed grade separa ed
interchange with Northstar Parkway and U.S. 81/287.
(d) Deleted.
(e) Owner and District shall complete the remaining two (2) lanes of
Northstar Parkway from US 81/287 to Sendera Ranch Boulevard before the City
issues a building permit for the 1,000f single-family residence within the
Development.
(f) Deleted.
Second Amendment to Utility and Infrastructure Agreement-Page 2
(g) All streets within the Property and border streets shown on Exh' it
E (the "Road Improvements") shall be constructed by Owner or the Distric to
City urban design standards as provided in the Subdivision Ordinance. City and
Owner agree that the street classifications shall be shown on the preliminary f Ilat
for the Property and shall be as follows:
Local Streets: 50' ROW (Two-lanes: 29-ft. B-B, 5-foot sidewalk on both
sides)
Collector Streets: 60' ROW (Two (2) lanes: 37-ft. B-B, and two (2) each -
ft. wide sidewalk)
Northstar Parkway: 110' ROW (Four (4) lanes divided: Two-(2-) lanes 8-
ft. B-B,21-ft. median,2-lanes 28-ft. B-B,5-foot sidewalk on one (1)side and
10-ft. shared pedestrian/bike pathway on other side of roadway)
(h) The City shall not assess roadway impact fees or any other forrr of
roadway capital recovery fee in connection with development of the Property
2. Section 5.05 is amended in its entirety to read as follows:
The District has the authority to finance and sell bonds to finance all roadw ys
included within the definition of Infrastructure, and expressly including th se
required to be built per this Agreement,within the parameters of tax rate and other
financing conditions imposed on the District by the City in this or any other
agreements. The City expressly consents to the District financing roads outside
its boundaries that are required to be constructed pursuant to this Agreement or
any other agreement with the City.
3. Exhibit E attached hereto supersedes and replaces Exhibit E attached to the F rst
Amendment.
4. Except as specifically amended in this Second Amendment, the Agreement st all
remain in full force and effect in accordance with its original terms and conditions.
5. All capitalized terms in this Amendment shall have the same meaning as set out
in the Agreement.
IN WITNESS WHEREOF, each Party has caused this Second Amendment to be
executed by its undersigned duly authorized representative in multiple copies on I fie
date or dates indicated below.
Second Amendment to Utility and Infrastructure Agreement-Page 3
CITY OF FORT WORTH
(�Rr By.
City Secretary ';a !, Dana Burghdoff,okssistli4 City Manager
_ ate:
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
I
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me, on thed day of _
2021, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, exas 0n
behalf of said city.
Not4 y Public,State of Texas
MARIA S.SANCHEZ
My Notary ID#2256490
of:+• Expires December 19,2021
Printed Name: Q r l,�t
. ��lncheZ.i
My Commission Expires: /.-a
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to Utility and Infrastructure Agreement-Page 4 FT. WORTH,TX
170 NORTHSTAR RANCH DEVELOPER,
INC.,a Te �jrporation
By:- I/V
Name: i'w A Fleet
Its:
Date: 1 jZ8j2 Z1
STATE OF TEXAS §
COUNTY OF Tarr-o-v-d §
This instrument was acknowledged before me, on the 28 day of
2021, by Ian .Ree,+ , P of 170 Norths ar
Ranch,beveloper,Inc., a Texas corporation,on behalf of said corporation.
i
Notary Public,State of Texas
(SEAL I _
.011111,% TINA MICHELLE LEWIS
Notary Public,State of Texas ---�
=_ Printed Name: 1 tlrvxM. Le�l1S
Comm.Expires 06-16-2026
��,•... +
Notary ID 125179689
My Commission Expires: Iola-o p-S'
rFT. WOR-TH,
RECO 0�
SECRETARY
T
Second Amendment to Utility and Infrastructure Agreement-Page 5
FAR NORTH FORT WORTH MUNICIPAL
UTILITY DISTRICT NO. 1 OF TARRANT AND
WISE COU IES
By:
President, Board of Directors
Date: o
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me, on the 28day of Y—L"N4
2021, by5V\c +o.-, k4tt-Yesident, Board of Directors of Far North Fort Wo$th
Municipal Utility District No. 1 of Tarrant and Wise Counties, on behalf of said distridt.
� r
G�
Notary Public,State of Texas
[SEAL]
TINA MICHELLE LEWIS rinted Name: 7rina M• —t its
;Notary Public,State of Texas
Comm.Expires 06-16-2025 y Commission Expires: tel'4`�
Notary ID 125179689
OFFICIAL RECORD
CITY SECREIARY
Second Amendment to Utility and Infrastructure Agreement-Page 6 FT WORTH T(
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Exhibit E
Roadway Improvements
EXHIBIT'E'
ROADWAY IMPROVEMENTS
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NOTES: z U
1. NORTH BOUND RIGHT TURN DECELERATION
LANE AT U.S. HIGHWAY 81/287 AND NORTHSTAR lu,
PARKWAY 4D(FOUR LANE DIVIDED). -
2. EXTENSION OF TWO-WAY OPERATION OF
U.S. HIGHWAY 81/287 NORTH BOUND
FRONTAGE ROAD TO NORTHSTAR PARKWAY. WEST TRACT
17-71
3.THE TWO(2)SOUTH LANES OF NORTHSTAR
PARKWAY FROM U.S.81/287 TO SENDERA
RANCH BOULEVARD AND REALIGNMENT OF
THE INTERSECTION WITH BATES ASTON. ® _
4. NORTH BOUND ON-RAMP TO U.S. HIGHWAY
81/287.
26
' 8X°�A9
8A7'ES-AS7°NR0g0
f NORTHSTAR
OURJN°SONN°�H�aN
PARKWAY
(DIVIDED 4 LANE)
LEGEND
D
i
NORTHSTAR PARKWAY
® COLLECTORSTREET
i
LOCAL STREET
PTR I
EAST TRACT
i
_ WISE COUNTY LIMIT
LzLulDENTON COUNTY LIMIT
F SENDERA RANCH BLVD
2
a:1 o:3
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FAR NORTH FORT WORTH 0 750 1500
MUNICIPAL UTILITY DISTRICT NO. 1 GRAPHIC SCALE IN FEET
8/2/2021 M&C Review
Oficf<sf site_:i`the C i of Fort Worth,Texas
CITY COUNCIL AGENDA URT RTH
DATE: 5/18/2021 REFERENCE **M&C 21- LOG NAME: 06NORTHSTARMUD2NDAMEND
NO.: 0337
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ETJ Adjacent to CD 7)Authorize Execution of Second Amendment to Utility and
Infrastructure Agreement for Far North Fort Worth Municipal Utility District No. 1 of Tarrant
and Wise Counties
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager or a designee to execute the
Second Amendment to Utility Agreement for the Northstar development in the Far North Fort Wort
Municipal Utility District No. 1 of Tarrant and Wise Counties and to take any actions to carry out such
agreement.
DISCUSSION:
Far North Fort Worth Municipal Utility District No. 1 of Tarrant and Wise Counties (the District)
encompasses approximately 733 acres of land in Fort Worth's extraterritorial jurisdiction located east
of U.S. Highway 81/287 and west of Sendera Ranch Boulevard (the Property).
On August 15, 2017, the City Council authorized execution of a Utility and Infrastructure Agreement
and other agreements with the District and the then-current owner of the Property, Northstar Ranch,
LLC (M&C L-16059, City Secretary Contract No. 49784). The Utility and Infrastructure Agreement
provides for design and construction of water and wastewater infrastructure to serve the Property. On
August 7, 2018, the City Council authorized execution of the First Amendment to the Utility and
Infrastructure Agreement with respect to phasing of water and wastewater infrastructure and roads to
serve the Property (M & C L-16133, City Secretary Contract No. 49784-A1).
Northstar Ranch, LLC has conveyed approximately 402 acres of the Property and has assigned all
rights and obligations pursuant to the Utility and Infrastructure Agreement, as amended, to 170
Northstar Ranch Developer, Inc., which is developing the Property.
The District and 170 Northstar Ranch Developer, Inc. have requested that the City Council authorize
execution of the Second Amendment to the Utility and Infrastructure Agreement to coordinate the
schedule for construction of a north bound on-ramp to U.S. Highway 81/287 from Northstar Parkway
with Texas Department of Transportation improvements to U.S. Highway 81/287. The Second
Amendment requires 170 Northstar Ranch Developer, Inc. and the District to construct the north
bound on-ramp to U.S. Highway 81/287 upon construction by TxDOT of a proposed grade separat d
interchange with Ramhorn Hill Road, if TxDOT has not constructed the north bound on-ramp in
connection with construction of the proposed grade separated interchange with Northstar Parkway.
Such phasing of the construction of the north bound on-ramp is for safety purposes, in order to avoid
large numbers of vehicles entering onto U.S. Highway 81/287 before the TxDOT improvements are
made. The Second Amendment also provides that the District is authorized to finance construction of
roads required by the City, whether within or outside the District boundaries, including without
limitation the northbound on-ramp to U.S. Highway 81/287.
The Property is located in FUTURE COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that approval of this Agreement will have no immediate material effect
on City funds. Any effect on expenditures and revenues will be budgeted in future fiscal years.
TO
apps.cfwnet.org/cou ncil_packet/mc_review.asp?I D=28887&councildate=5/18/2021 1/2
8/2/2021 M&C Review
T Fund Department Account Project Program Activity Budget Reference# Amount
10 1 1 ID I I Year Chartfield 2
Fund Department Account Project Program Activity Budget Reference# Amount
FROM I ID I ID Year (Chartfield 2)
Fund I Department I Account Project Program Activity I 6—ud--g—e—tF Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: D.J. Harrell (8032)
Additional Information Contact: Ty Thompson (2120)
ATTACHMENTS
LOCATION MAP FAR NORTH FW MUD 1.PDF
apps.cfwnet.org/council_packet/mc_review.asp?ID=28887&councildate=5/18/2021 212