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Home My WebLink AboutContract 56597 11/05/2021 CSC No.56597 2:14 pm FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS STREET PAVING IMPROVEMENTS FOR 2100 W. LOWDEN ST. 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 Matthew 25, 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 2100 W Lowden St, Fort Worth, Texas 76110 ("Property"); and WHEREAS, Developer is developing the Property by constructing a five-building apartment complex 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, In order to serve the Project, the City, at Developer's cost, will install water and/or sewer taps along Lowden Street; and WHEREAS, the Developer has applied for one or more residential building perm it(s) for the Project, P1321-08032, PB21-08101 , P1321-08102, P1321-08103, PB21- 08104 ("Building Permit"); and WHEREAS, as a condition of the issuance of the Building Permit and the approval of the Project, Developer is required to restore the street after the water/sewer taps are installed in accordance with the City's Pavement Restoration Ordinance (24061-02-2020, as amended) ("Improvements"); and WHEREAS, before the Developer can construct the Improvements, the water/sewer taps must have been installed; 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 be issued building permits for the Property, Developer will pay to the City, $22,203.13, 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 OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Pavement Repair for 2126 W. Lowden Matthew 25, LLC FT. WORTH, TX Page 1 of 8 WHEREAS, if Developer fails to timely construct the Improvements, City may use the Developer Funds to construct the Improvements; and 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 $22,203.13 , 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 water and sewer taps project (WMP-21-00195, etc...), is completed, 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. City shall refund to Developer the Future Improvements Funds upon full completion and acceptance of the Improvements. If Developer fails to complete construction of the Improvements and obtain the City's acceptance of same within ninety (90) days of receipt of the Written Notice, City may withhold final certificates of occupancy (COs) until the Improvements are completed or will 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 Future Improvements Agreement Pavement Repair for 2126 W. Lowden Matthew 25, LLC Page 2 of 8 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. No refund of any balance shall be made should City be forced to construct the Improvements. 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 Matthew 25, LLC City of Fort Worth 4201 Anita Avenue 200 Texas Street Fort Worth, TX 76019 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. Future Improvements Agreement Pavement Repair for 2126 W. Lowden Matthew 25, LLC Page 3 of 8 6. Headings 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, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time- Future Improvements Agreement Pavement Repair for 2126 W. Lowden Matthew 25, LLC Page 4 of 8 employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 12. Prohibition on Boycotting Energy Companies. Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 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 energy companies; and (2) will not boycott energy companies during the term of this Agreement. 13. Prohibition on Discrimination Against Firearm and Ammunition Industries. Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, Future Improvements Agreement Pavement Repair for 2126 W. Lowden Matthew 25, LLC Page 5 of 8 by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 14. 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. 15. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 16. 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 Pavement Repair for 2126 W. Lowden Matthew 25, LLC Page 6 of 8 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: Matthew 25, LLC l Oana BuLq—hdoff D 'idoff Nov 3,2021 14:49 CDT) cel(Oct 28,2021 10 PDT) Dana Burghdoff Name: Troy Kunkel Assistant City Manager Title: Owner Nov 3, 2021 Oct 28,2021 Date Date Recommended by. 9411-y-� li&xr-c.� Evelyn Roberts/Jennifer Ezernack Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY a� on a !*�4.1-oo00r� d DBlack(Nov 3,202112:58 CDT) ,p' ODouglas W. Black �►o0�Sr. Assistant City Attorney o -0 0 °OO 0 Contract Compliance Manager: ATTEST: �d� 000CC,000a By signing, I acknowledge that I am the ��* pS X ,oa person responsible for the monitoring and administration of this contract, including ensuring ^ all performance and reporting requirements. / Ronald P. Gonzales Acting City Secretary Victor V.Tornero Jr.,P.E.on behalf of(Nov 2,202112:36 CDT) Name: Tyson Thompson, PE Title: Assistant Director OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Pavement Repair for 2126 W. Lowden FT. WORTH, TX Matthew 25, LLC Page 7 of 8 EXHIBIT A Future Improvements Agreement Pavement Repair for 2126 W. Lowden Matthew 25, LLC Page 8 of 8 1p PROBABLE OPINION OF PROPOSED COST(ROW PVMT REPAIR FOR WATER SERVICES) FLANAGAN LOWDEN MULTIFAMILY BY:MIFF land solutions FORT WORTH,TX DATE:10-21-2021 Revision#2 SUMMARY NO ITEM CITY UNIT PRICE/UNIT TOTAL 1 3201.0112 Y WIDE ASPHALT PVMT REPAIR,RESIDENTIAL-(PERMANENT TRENCH REPAIR) 39 LF $ 75.00 $ 2,925.00 2 3201.0301 2"EXTRA WIDTH ASPHALT PVMT REPAIR-(2"MILL&OVERLAY)/(PAVEMENT RESTORATION) 138 SY $ 45.00 $ 6,210.00 3 3216.0101 6"CONC CURB AND GUTTER 30 LF $ 40.00 $ 1,200.00 4 3291.0100 TOPSOIL 25 CY $ 25.00 $ 625.00 5 3291.0101 UTILITY SERVICE RESTORATION SODDING 50 SY $ 15.00 $ 750.00 6 3471.0001 TRAFFIC CONTROL 1 MO $ 1,500.00 $ 1,500.00 7 0170.0100 MOBILIZATION 1 EA $ 1,000.00 $ 1,000.00 8 0000.0001 CONTINGENCY 25 % $ 14,210.00 $ 3,552.50 SUBTOTAL $ 17,762.50 1)THIS OPINION OF PROBABLE COST HAS BEEN PREPARED USING THE BEST AVAILABLE DATA KNOWN TO THE ENGINEER ATTHE TIME THE COST ESTIMATE WAS PREPARED AND IS PROVIDED FOR INFORMATION PURPOSES ONLY.IT IS NOT A GUARANTEE OF PROJECT COSTS. 2)THIS OPINION OF PROBABLE COST IS BASED ON THE FIA EXHIBITS DATED 10/15/2021. a ancvnerso:i Awr, u 41 e — - W Cantuy St PRQJEC T L 0 C"A TI OIL a. a v 4, 4V Eewden St � — } Lowden 5t < c a � a rj G e lu � J 4i IY y LL High EtYe••.DI =. 4w Eiowe 5f a c r I N.T.S. DATE: 10/15/2021 PROJECT #: 2021-03-04 LOWDEN DRAWN BY: MRF MULTIFAMILY CHECKED BY: FLS VICINITY MAP FLANAGAN EXHIBIT land solutions SHEET NO: 1 OF 2 I I I I I I Q -� w I z o w j o W i � 0 � Q � I Lj s I z m i I i o a I I Ln Ln I-6 I Q I -6 I I I WEST LOWDEN STREET (A 60' PUBLIC RIGHT-OF-WAY) ROADWAY 30' N LEGEND: 30 0 30 60 PARTIAL ASPHALT REPLACEMENT (2" ASPHALT OVERLAY - 138 SY) SCALE: 1"= 30' DATE: 10/15/2021 PROJECT #: 2021-03-04 LOWDEN DRAWN BY: MRF MULTIFAMILY CHECKED BY: FLS PAVING FLANAGAN EXHIBIT B land solutions SHEET NO: 2 OF 2