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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57359
A DEVELOPER FUNDING AGREEMENT
FOR WALSH RANCH MASTER DRAINAGE STUDY
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
57359 ("First Amendment") is made and entered into by and between the City of Fort Worth,
a home-rule municipal corporation of the state of Texas ("City"), and Walsh Ranches Limited
Partnership, a Texas limited partnership ("Developer").
WHEREAS, Developer, is the owner of a tract of land known as Walsh Ranch located in
Tarrant and Parker Counties, Texas ("Property"); and
WHEREAS, in order to develop the Property, Developer is required to conduct studies
and construct public infrastructure in accordance with the City's stormwater rules, regulations, and
requirements; and
WHEREAS, Developer and City, in order to reduce the engineering effort for both parties
and provide a drainage plan that will guide future development upstream of Developer's Property
in the same watershed and better protect properties downstream of Developer's Property from
adverse drainage impacts due to upstream development, desire to conduct an integrated and
collaborative engineering master study of Developer's Property with comprehensive and
consistent assumptions about drainage factors upstream of Developer's Property in the same
watershed("Walsh Ranch Master Drainage Study'); and
WHEREAS, Developer and City conducted a preliminary feasibility study for the Walsh
Ranch Master Drainage Study to determine whether to proceed with the full study; and
WHEREAS, City entered into an agreement with Freese and Nichols, Inc. ("Engineer") to
conduct the feasibility study at a cost of$90,000.00, City Secretary Contract Number 56932,
WHEREAS, City and Developer entered into a Developer Funding Agreement for the
Walsh Ranch Master Drainage Study, City Secretary Contract No. 57359 ("Agreement"), with
City and Developer each contributing half of the cost of the feasibility study; and
WHEREAS, after completion of Task 1 of the feasibility study, the City and Walsh
have determined that the preliminary engineering drainage study should be completed, and
based upon the study and its assumptions about drainage factors upstream of Walsh Ranch, a
comprehensive master drainage plan for Walsh Ranch should be completed; and
WHEREAS, City and Developer desire to amend the Agreement for each party to fund
half of the cost of completing the preliminary engineering drainage study and the
comprehensive master drainage plan;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends City Secretary
OFFICIAL RECORD
F RS T AMENDMENT TO CITY SECRETARY CONTRACT NUMB ER 57359 CITY SECRETARY
A DEVELOPER FUNDING AGREEMENT
FO R WALH RANCH MASTER DRAINAGE STUDY FT. WORTH, TX
Contract Number 57359:
1.
Section 2 of the Agreement is amended to add the following paragraphs after the first
paragraph:
Developer agrees to pay to City the Additional Contribution amount anticipated to be
$320,000.00 for City to contract with Engineer to: (a) complete the preliminary engineering
drainage study, including an assessment of properties in the same watershed that are upstream
of Walsh Ranch,and(b) based on the study, and its assumptions about drainage factors upstream
of Walsh Ranch, to develop a comprehensive master drainage plan for all of Walsh Ranch
("Preliminary Study and Plan"). The Preliminary Study and Plan performed by Engineer is
expected to include completion of the base conditions modeling, the development of future
conditions modeling, and the development of a plan to mitigate impacts associated with the
Walsh Ranch development. The steps in the Preliminary Study and Plan shall be performed
through separately issued task orders, and the scope / fee associated with the individual task
orders will be reviewed and agreed upon by the City and Developer prior to Engineer being
authorized to proceed. Additionally, Developer will pay to the City Developer's portion of the
agreed upon task order fee prior to Engineer being authorized to proceed. The City will not
authorize Engineer to proceed with each Task Order, until funding from the Developer is
received. The City shall provide copies of Engineer's invoices to Developer for their records,
but Developer will have no obligations to remit payment directly to Engineer.
If any amount over $640,000.00 is due to Engineer for the Preliminary Study and Plan,
Developer shall remit half the additional cost to City within 30 days of receipt of a request for
same. Prior to Engineer proceeding with any work that will result in the overall cost of the
Preliminary Study and Plan exceeding $640,000.00, City and Developer will consult and agree
that such additional work will be commissioned and what the estimated cost for the additional
work will be. If any credit or refund is due Developer at the completion and final accounting of
the Preliminary Study and Plan, City shall refund such amount to Developer.
2.
Section 3 of the Agreement is amended in its entirety to be and read as follows:
Fe as ibility Study; Preliminary Study and Plan
City shall hire Engineer to conduct the feasibility study and the Preliminary Study and
Plan. City shall own the feasibility study and the Preliminary Study and Plan produced by
Engineer. Developer shall assist with the completion of the feasibility study and the
Preliminary Study and Plan by Developer providing all information requested by Engineer.
Developer shall not have the right to direct Engineer in the preparation of the feasibility study
or the Preliminary Study and Plan.
3.
FIRST A MENDMENT TO CITY SECRETARY CONTRACTNUMBER57359 Page 2of4
A DEVELOPER FUNDING AGREEMENT
FOR WALH RANCH MASTER DRAINAGE STUDY
a. All other provisions of the Agreement which are not expressly amended herein, shall
remain in full force and effect.
b. All terms in this First Amendment that are capitalized, but not defined, shall have the
meanings ascnbed to those terns in in the Agreement.
FIRS TAMENDMENT TO CITY SECRETARY CONTRACTNUMBER57359 Page 3of4
A DEVELOPER FUNDING AGREEMENT
FO R WALH RANCH MASTER DRAINAGE STUDY
IN TESTIMONY WHEREOF, the City and Developer have executed this First
Amendment to be effective on the date signed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
Walsh Ranches Limited Partnership,
u : a Texas limited partnership
William Johnson(A 23,202210:44CDT7
William Johnson By: Walsh North Star Company, LLC
Assistant City Manager a Delaware limited liability company,
its general partner
Date:
Aug 23, 2022
_ r
Recommended by: Ryan If Dickerson
Vice President
Z_al 10-al�
Lauren Prieur, Interim Director Date: -4-1-�l 2.,D7-2-
Transportation and Public Works
Department
Approved as to Form&Legality:
4K2,_
Richard A.McCracken(Aug 22,2022 08:55 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
Contract Compliance Manager:
M&C: 22-0575 By signing, I acknowledge that I am the
Form 1295: 2022-897699 person responsible for the monitoring and
administration of this contract, including all
ATTEST: performance and reporting requirements.
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J ette S.Goodall(Aug 23,2022 12 CD O
Jannette S. Goodall oo4nnn Jennifer Dyke, Stormwater Program
City Secretary moot FORit"o a� Manager
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*o o��c�d OFFICIAL RECORD
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�EXA o5o4Y CITY SECRETARY
FT. WORTH, TX
FIRSTAMENDMENTTO CITY SECRETARYCONTRACTNUMBER57359 Page 4of4
A DEVELOPER FUNDING AGREEMENT
FOR WALH RANCH MASTER DRAINAGE STUDY