HomeMy WebLinkAboutContract 58033 Date Received: Aug 29, 2022 City Secretary
Time Received: 3.28 PM Contract No.: 58033
FUTURE IMPROVEMENTS AGREEMENT
FOR
INFRASTRUCTURE IMPROVEMENTS
PAVING IMPROVEMENTS FOR RETREAT AT FOSSIL CREEK
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 Retreat at Fossil Creek,
Ltd. ("Developer"),a Texas limited partnership,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 generally
located at 9901 Wagley Robertson Road,Fort Worth,Texas("Property"); and
WHEREAS, Developer is developing the Property by constructing a residential subdivision on
the Property("Project"); and
WHEREAS, in connection with the Project, the City Plan Commission approved a preliminary
plat for the Project,PP-19-053; 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 review of PP-19-053, the City determined that, based upon the increased traffic
demands created by the Project, Developer is responsible for constructing paving improvements for
Wagley Robertson Road, Magma Road/Hillwood Boulevard, and Willow Springs Road as more
specifically described herein("Improvements"); and
WHEREAS, Developer is unable to construct the roadways at this time because the City's
corporate limits divide the existing roadways and future annexation will be required to build the ultimate
sections of Wagley Robertson Road and Willow Springs Road; and
WHEREAS, in lieu of the Developer constructing the Improvements pursuant to a community
facilities agreement,the City has agreed to construct the Improvement(s)with Developer contributing the
funds necessary to construct the Improvements and the City constructing the Improvements at a later
time; and
WHEREAS, the determination of the amount of Developer pays to the City pursuant to this
Agreement for construction of the Improvements is not an assessment pursuant to Chapter 313 of the
Texas Transportation Code;
OFFICIAL RECORD
Future Improvements Agreement CITY SECRETARY
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Page 1 of 8 FT. WORTH, TX
NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and
through their duly authorized representatives, do hereby agree as follows:
1.
Incorporation of Recitals
The City and Developer agree that the foregoing recitals are true and correct,form the basis upon
which the City and Developer have entered into this Agreement and are incorporated into this Agreement
by reference.
2.
Improvements
The Improvements shall consist of approximately 3,000 Linear Feet of Wagley Robertson Road
(half section of NCO-L2-T0-TWLT-P0-B0P); Approximately 4,000 Linear Feet of Magma
Road/Hillwood Boulevard (Local); and Approximately 2,800 LF of Willow Springs Road (full/half
sections of NCO-TO-NTMS-PO-BOP) as more specifically described in Exhibit "A" which is attached
hereto and incorporated herein by reference.
3.
Future Improvement Funds
Concurrently with the execution of this Agreement, Developer has paid to the City
$2,890,680.00, which amount represents one hundred twenty-five percent of the estimated cost of
constructing the Improvements ("Future Improvement Funds"). The Future Improvement Funds shall
serve as the entire amount of Developer's contribution for the cost to construct the Improvements.
4.
Construction of Improvements
The City may construct, or cause to be constructed,the Improvements at a time convenient to the
City provided that adequate public funds, including the Future Improvement Funds, for construction of
the Improvement are secured.
5.
Use of Future Improvement Funds
By accepting the Future Improvement Funds and by execution of this Agreement,City agrees that
the Developer will have no further obligation to pay any amounts in addition to the Future Improvement
Funds or take any further action with regard to the construction of the Improvements, even i£ (a) the
actual costs to construct the Improvements exceeds the costs expected by the City as of the date of this
Agreement; (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 costs of the
Improvements; or (d) the costs or scope of the Improvements change for any reason. No refund of any
balance of the Future Improvement Funds shall be made by City to Developer.
Notwithstanding anything to the contrary herein, City may use the Future Improvement Funds to
construct improvements that are located in the vicinity of the Project that address transportation demands
caused by the Project. If some or all of the Future Improvement Funds are used to construct such adjacent
Future Improvements Agreement
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improvements, City shall be responsible for constructing or causing the construction of the Improvements
contemplated by this Agreement at a time convenient to the City
6.
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 Retreat at Fossil Creek,Ltd.
City of Fort Worth 10410 Windemere Lakes Blvd.
200 Texas Street Houston, TX, 77065
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.
7.
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.
8.
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.
Future Improvements Agreement
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9.
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.
10.
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
suchlanguage.
11.
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.
12.
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.
13.
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 meanings 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.
14.
Prohibition on Boycotting Energy Companies
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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.
15.
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, 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.
16.
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.
17.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
18.
Entire Agreement
Future Improvements Agreement
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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.
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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:
Retreat at Fossil Creek,Ltd.
banes LUMli204E C�k%t Clew
Dana Burghdoff( g25,20 11:32 CDT) Chris Chew(Aug 24,202215:01 CDT)
Dana Burghdoff Chris Chew
Assistant City Manager Chief of Operations
Aug 25,2022 Aug 24, 2022
Date Date
Recommended by:
au..�,—Y"/,e—
Dwayne Hollars
Contract Compliance Specialist
Development Services
APPROVED AS TO FORM AND LEGALITY
41:9_
Richard A.McCracken(Aug 25,20221126 CDT)
Richard McCracken
Sr.Assistant City Attorney
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Contract Compliance Manager: ATTEST: d~o o'�d d
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By signing,I acknowledge that I am the �� moo° °
person responsible for the monitoring and d� °°°°°°°°°°° a
administration of this contract,including ensuring �n��nExpSoba
all performance and reporting requirements. OpetteS.Goodall(Aug 26,202207; CDT)
Jannette S. Goodall
City Secretary
Name: Tyson Thompson,PE
Title: Assistant Director
OFFICIAL RECORD
Future Improvements Agreement CITY SECRETARY
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Page 7 of 8 a
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Future Improvements Agreement
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FORTWORTH,
January 22, 2020
Mr. Ben Luedtke
Hannover Property Company
3001 Knox Street,Suite 405
Dallas,Texas 75205
RE:Todd Tract Rough Proportionality(PP-19-053)
Mr. Luedtke,
This letter is to document previous discussions related to rough proportionality for the above referenced project.
City staff has completed the rough proportionality fee assessment based on information provided, proposed land
use and related demand of City roadway infrastructure. Based on all the information, the rough proportionate
share has been determined to be$2,31.2,544.00.
The City has agreed to allow this development to enter into a Future Improvement Agreement (FIA) in lieu of
constructing the proportionate share of thoroughfare system. This shall include an executed agreement and 125%
of the total estimated construction liability($2,890,680.00), as required by section 9.500 of the City Code. Both
the agreement and total fees are required at the time of final platting of the initial phase of development.
The Developer has also agree to dedicate additional right of way beyond the limits of the ultimate section of
roadway for Wagley Roberston Rd. This additional right of Way is to accommodate the existing roadway section
of Wagley Roberston Rd.
If you have any additional questions or comments regarding this letter or the contents, please feel free to contact
me.
4nt
on, PE, CFM, CPII
on,
DEVELOPMENT SERVICES
CITY OF FORT WORTH*200 TEXAS STREET*FORT WORTH,TEXAS 76102-6311
CUSTOMERSERvicE 817-392-2222*FAx 817-392-8116
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