HomeMy WebLinkAboutContract 48648-A1AMENDMENT TO AGREEMENT
CITY SECRETARY
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FOR CONSTRUCTION OF SENDERA RANCH BOULEVARD
CITY SECRETARY CONTRACT NO. 48648-Al
This Amendment to Agreement for Construction of Sendera Ranch Boulevard
("Amendment") is entered into by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant, Denton, Johnson, Parker and Wise Counties, Texas (the "City"),
acting by and through its duly authorized Assistant City Manager; CTMGT Alpha Ranch, LLC, a
Texas limited liability company ("Alpha Ranch LLC"); CTMGT AR II, LLC, a Texas limited
liability company ("AR II LLC") (Alpha Ranch LLC and AR II LLC, being collectively referred
to as "Owners"); and Alpha Ranch Water Control and Improvement District of Denton and Wise
Counties (the "District") ( each, a "Efil:ty," and, collectively, the "Parties"), effective upon
execution by all Parties .
RECITALS
A. The District encompasses approximately 1,477.741 acres of land in Denton and Wise
Counties, Texas, in the City's extraterritorial jurisdiction; and
B. The District was formerly a fresh water supply district known as Alpha Ranch Fresh
Water Supply District No. 1 of Denton and Wise Counties. The District converted to a water
control and improvement district effective September 19, 2019 and changed its name to Alpha
Ranch Water Control and Improvement District of Denton and Wise Counties by order of the
Texas Commission on Environmental Quality dated June 15, 2021.
C. The Parties entered into that certain Agreement for Construction of Sendera Ranch
Boulevard (City Secretary Contract No. 48648) concerning construction of four lanes of Sendera
Ranch Boulevard from its current terminus to SH 114 (the "Sendera Ranch Boulevard
Agreement").
D. On June 22, 2021 , the City Council of the City approved Resolution No. 5426-06-2021
(the "Consent Resolution") consenting to the addition of approximately 522.653 acres of land
described in Exhibit H attached hereto (the "Additional Property") to the District.
E. The City Council's consent to annexation of the Additional Property by the District is
subject to execution by the City and the appropriate parties of amendments to agreements with the
City concerning the Alpha Ranch development.
F . The Sendera Ranch Boulevard Agreement provides for construction of Sendera Ranch
Boulevard in four phases.
NOW, THEREFORE, in consideration of the pr~mises, mutual promises, covenants,
obligations, and benefits herein contained, the City, Owners and the District agree to amend the
Sendera Ranch Boulevard Agreement to expedite construction of Sendera Ranch Boulevard and
to delete requirements for the City to reimburse Owners for a portion of construction costs, as
follows:
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Page l I/ OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1. Article III is amended in its entirety, to read as follows:
ARTICLE III
SEND ERA RANCH BOULEY ARD EXTENSION
3.01 Construction of Sendera Ranch Boulevard Extension. Owners and the
District will design and construct, or cause the design and construction of, four lanes of
Sendera Ranch Boulevard from the northernmost section of Sendera Ranch Boulevard
(currently located at its intersection with Northstar Parkway and Suncatcher Way) to SH 114
(the "Sendera Ranch Boulevard Extension"). Owners and the District have no obligation with
respect to dedication of right-of-way for, design or construction oflanes five and six ofSendera
Ranch Boulevard. The Sendera Ranch Boulevard Extension shall be constructed in three
phases (each, a "phase"), subject to Section 3.03, as depicted on Exhibit F, as follows:
(a) The eastern two lanes of Sendera Ranch Boulevard will be constructed from
SH 114 to connect to the northernmost section of existing Sendera Ranch Boulevard (Phase
1) prior to approval by the City of a final plat for the 460 th single-family lot within the
Alpha Ranch Property.
(b) The western two lanes of Sendera Ranch Boulevard will be constructed
from SH 114 to the southern boundary of the Alpha Ranch Property (Phase 2), prior to
approval by the City of a final plat for the 1,500th single-family lot within the Alpha Ranch
Property. Further, a traffic signal at the intersection of SH 114 and Sendera Ranch
Boulevard (the "Traffic Signal") will be designed and constructed prior to approval by the
City of a final plat for the 1,500th single-family lot within the Alpha Ranch Property,
provided the Texas Department of Transportation approves the installation of the Traffic
Signal and the Texas Department of Transportation or the City agrees to accept the Traffic
Signal for maintenance . There shall be no obligation to design and construct the Traffic
Signal without such approvals by the Texas Department of Transportation.
( c) The western two lanes of Sendera Ranch Boulevard will be constructed
from the southern boundary of the Alpha Ranch Property to connect to the northernmost
section of existing Sendera Ranch Boulevard (Phase 3) prior to approval by the City of a
final plat for the 1,800th single-family lot within the Alpha Ranch Property.
3.02 Easements and Rights-of-Way. All easements and rights-of-way for
construction by Owners or the District of the Sendera Ranch Boulevard Extension within the
Alpha Ranch Property will be acquired by Owners or the District and granted to the City at no
cost to the City. To the extent required, the City agrees to use its eminent domain authority to
obtain easements and rights-of-way outside the boundaries of the Alpha Ranch Property, at the
expense of the District and Owners. Owners and the District shall have no obligation to obtain
easements or rights-of-way for any portion of Sendera Ranch Boulevard Extension constructed
by any other landowner or developer in accordance with Section 3.03.
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Page 2
3.03 Construction of Sendera Ranch Boulevard Extension by Others . In the event
that any portion of the Sendera Ranch Boulevard Extension outside the boundaries of the
Alpha Ranch Property (Phase 3 and a portion of Phase 1) is constructed by other developers
or landowners, the City shall coordinate such construction with Owners and the District.
The City expressly agrees that the District and Owners shall have no obligation to pay, or
to reimburse others for, any costs related to construction of Sendera Ranch Boulevard
outside the boundaries of the Alpha Ranch Property by other developers or landowners.
Owners and the District shall be obligated to complete the remaining portions of the
Sendera Ranch Boulevard Extension not constructed by others in accordance with the
phasing requirements set out in Section 3.01.
2. Section 4.02 is amended in its entirety to read as follows:
4.02 Plan Review; Payment of Fees; and Pre-Construction Conference .
Construction of the Sendera Ranch Boulevard Extension shall not commence until (i) final
construction plans and specification have been reviewed and accepted by the City for
compliance with the Governing Regulations and Exhibit F; (ii) a pre-construction
conference has been held by the Contractor, the District's engineer and designated
representatives of the City; and (iii) the applicable City Review Fees have been paid. At
such pre-construction conference, the City shall designate a City employee to serve as the
project manager and the project inspector (the "City Inspector"). The construction plans
shall be reviewed and approved in accordance with chapter 212 of the Texas Local
Government Code and the City Code.
3. Section 4.09 is amended in its entirety to read as follows:
4.09 Dedication to the City. Within thirty (30) days after Owners and the District
receive a letter from the City approving the portion of the Sendera Ranch Boulevard
Extension located outside the Alpha Ranch Property, such roadway shall be dedicated to
the City along with all appurtenant easements and rights-of-way and the City shall have
full ownership and control of such roadway.
4 . Section 4.10 is amended in its entirety to read as follows:
4 .10 Maintenance. Owners or the Distract shall maintain all portions of the
Sendera Ranch Boulevard Extension located within the Alpha Ranch Property at no
expense to the City. The City shall maintain all portions of the Sendera Ranch Boulevard
Extension located outside the Alpha Ranch Property at no expense to Owners or the
District.
5. Section 5.02, ''Notice," is amended to change the City's address to 200 Texas Street and to
change the contact person for Alpha Ranch LLC and AR II LLC to Mehrdad Moayedi.
6. Exhibit F is replaced by Exhibit F attached hereto .
7 . The first paragraph of Exhibit G is amended to read as follows:
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Page 3
A. Assignor is the owner of the rights of the Owner under that certain "Agreement for
Construction of Sendera Ranch Boulevard (City Secretary Contract No . 48648), as
amended by that certain Amendment to Agreement for Construction of Sendera Ranch
Boulevard (City Secretary Contract No. 48648-Al) (collectively, the "Agreement").
8. Except as amended by this Amendment, the Sendera Ranch Boulevard Agreement remains
in full force and effect. This Amendment will terminate and be of no further force or effect
as of December 31 , 2023 , if the District does not annex the Additional Property on or before
that date .
9 . Capitalized terms shall have the same meaning as set out in the Sendera Ranch Boulevard
Agreement unless otherwise defined herein.
10 . This Amendment is approved in furtherance of Section 3 of the Consent Resolution.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its
undersigned duly authorized representative in multiple copies on the date or dates indicated below.
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Page 4
ATTEST:
RECOMMENDED BY:
D .J. Harrell, Director
Development Services Department
APPROVED AS TO FORM AND
LEGALITY:
/'.JZd?✓~
Richard A. McCracken
Assistant City Attorney
Contract Compliance Manager:
CITY OF FORT WORTH
By: __ -----"''-=:.....,c_:--¥1---,__....,-"'-il_,,,,__ ____ _
Dana Burghdo Assi a t City Manager
Date: ------'-f---"-i/..........,/L_o /_?-,_~---
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Page 5 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ALPHA RANCH WATER CONTROL AND
IMPROVEMENT DISTRICT OF DENTON
AND WISE COUNTIES
By:
President, Board of Directors
Name: -------------
Date: --------------
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Page 6
CTMGT ALPHA RANCH, LLC,
a Texas limited liability company
By: CENTAMTAR TERRAS, LLC,
a Texas limited liability company,
Its : Manager
Date:
By: CTMGT, LLC,
a Texas limited liability company,
Its: Manager
By: __________ _
Name: Mehrdad Moayedi
Title : Manager
--------------
CTMGT AR II, LLC
a Texas limited liability company
By: CENTAMTAR TERRAS, LLC,
a Texas limited liability company,
Its: Manager
Date :
By: CTMGT, LLC,
a Texas limited liability company,
Its: Manager
By: ____________ _
Name: Mehrdad Moayedi
Title: Manager
Amendment to Agreement for Construction of Sendera Ranch Boulevard -Pag e 7
Exhibit F
Sendera Ranch Boulevard Extension
A ,!i,' I t,1M _N '
ANO PHASING F.X f-.1 /l)J T
l .all'C:" ... 'I• 1 ,ie. ... H~«r.d·
Exh ibit F
Exhibit H
Legal Description of the Additional Property
Tract One
Being a 267.266 acre tract ofland situated in the Smith County School Land Survey, Abstract
No. 743, Wise County, Texas, being all of that certain called 261.000 acre tract of land conveyed
to JLC Farm, LLC, of record in Document No. 2016-03051 Official Records, Wise County,
Texas, and being described in described in partition deed as First Tract to Billy Boyd Logan, and
wife, Jan Logan as (East 100 acres of Block 4 & 6) and Second Tract to C .E. Griffeth and wife,
June Larue Griffeth (West 134 acres of Block 4 and 6) ofrecord in Volume 223, Page 305 of the
Deed Records of Wise County, Texas, said subdivision of Smith County School Land Survey in
record in Volume P, Page 347 of the Deed Records of Wise County, Texas, and a portion of a
47.5 acre tract of land out of Lot 5, Smith County School Land Survey, as described in deed to
Scott Kelley, recorded in Volume 243, Page 485, Deed Records, Wise County, Texas, also being
a subdivision of Smith County School Land Survey, Save and Except, Remainder of 5 acre
(Parcel Two) Byron Hatfield, Trustee, as described in Volume 412, Page 785, Deed record Wise
County Texas and Save and Except 14.923 acres, to the State of Texas, as described in Volume
657, Page 320, Deed Records, Wise County Texas, and being more particularly described by
mete and bounds and follows:
BEGINNING at a 1/2-inch iron rod found in County Road 4840, the Southwest comer of said
47.5 acre tract, same being the southeast comer of a 62.43 acre tract ofland conveyed to Roberta
Ann Remillard· by deed of record in Volume 246, Page 431 of the Real Property Records of Wise
County, Texas, and being in the North line of that certain called 285 acre tract ofland described
in the deed to BDay Limited Partnership, recorded in Document No. 201811091, Official
Records, Wise County, Texas, from which a 1/2-inch iron rod found for reference bears
S89°05'42"W, a distance of 344.48 feet;
THENCE along the west line of the 47.5 acre tract, same being the east line of the said 62.43
acre tract the following three (3) courses and distances:
1. N00°01 '31 "W (N00°38'22"E 1333.33'), with the west line of the 47.5 acre tract, same
being the east line a distance of 1332.56 feet to a 5/8-inch iron rod with plastic cap stamped
"Landpoint" set (herein referred to as capped iron rod set) for comer;
2. S89°59'40"E (S89°2l '15"E 1328.74'), a distance of 1328.74 feet to a capped iron rod set
for a comer;
3. N00°25'20"W (N00° 13 '05"E 1340.82'), a distance of 1340.11 feet to a capped iron rod set
for the Southeast comer of that certain called 21.335 acre tract of land being described in the
Deed to Mendez, LTD., recorded in Volume 1040, Page 536, Deed Records, Wise County,
Texas;
THENCE N00°22'38"W (S00°2l '38"E), with the East line of said 21.335 acre tract ofland, a
distance of 282.40 feet to a capped iron rod set for the Southwest comer of that certain called
5.00 acre tract ofland described in the deed to Floyd Earl Gray and wife, Linda Griffeth Gray,
recorded in Volume 412, Page 785, Deed Records, Wise County, Texas;
Exhibit H -Page l
THENCE N89 °48'22"E (S89 °49'E), with the South line of said 5.00 acre tract of land, a distance
of 219 .11 feet to a capped iron rod set for the Southeast comer thereof;
THENCE N00 °22'38"W (North 855.27'), with the East line of said 5.00 acre tract ofland, a
distance of 855 .30 feet to a capped iron rod set in the South Right-of-Way Line of State Highway
114 for the Northwest comer of the herein described, said comer being at STA. 182+67.66' (per
C.S .J. R.O.W. Map C.S.J. 353-01-017), from which a iron rod found for the northwest comer of
the remainder of 5 .00 acre tract bears, S89 °48'22"W, a distance of 218.80 feet;
THENCE with the South right-of-way line of said State Highway 114, the following five (5)
courses and distances:
1. N89 °48'22"E (record -S89 °39'01 "E), a distance of 1432.03 feet (record -1432.34 feet) to
a capped iron rod set for comer;
2 . S59°13'48"E (record -S59 °13'48 "E), a distance of 116.62 feet (record -116.62 feet) to a
capped iron rod set for comer;
3. N89°48'22"E (record -S89 °39'01"E), a distance of900.00 feet (record -900.00 feet) to a
capped iron rod set for comer;
4 . N89°03'08"E (record-N89 °03'08"E), a distance of 760 .07 feet (record -760.07 feet) to a
3/4-inch iron rod with cap stamped TXDOT found for comer;
5. N89 °48'22"E (record -S89°39'01"E), a distance of 580.45 feet (record -572.46 feet) to a
capped iron rod set for the northeast comer of said tract herein described, said comer being at
STA. 220+32.46 (per C.S.J. R.O.W. Map C.S.J. 353-01-017), from which a 5/8-inch iron rod
found for the northwest comer of that certain called 171 . 89 acre tract of land described in the
deed to CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9581, Official Records,
Wise County, Texas bears N88 °57'33 "E , a distance of 34.14 feet;
THENCE S00°03'49"E (S00°03'46"E), with the west line of said 171.89 acre tract ofland and
with a west line of that certain called 1122.139 acre tract ofland described in the deed to
CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9545 , Official Records , Wise
County, Texas, a distance of2416.66 feet to a capped iron rod set for a reentrant comer of said
1122.139 acre tract ofland and the most easterly Southeast comer of said tract herein described,
same being the southeast comer of Lot 4 , Smith County School Lands Subdivision;
THENCE S89 °22'30"W (N89 °27'32"E 3744.75'), with the south line of the 266 .254 acre tract,
same being the south line of the east 100 acre portion of Lots 4 & 6 and the north line of said
1122.139 acre tract ofland; a distance of 3752.34 feet to a concrete monument found at the
northeast comer of the 47.5 acre tract, same being an angle point in the west line of the 1122.139
acre tract;
THENCE S00 °03'24"W (N00 °08'07"E 1320.58'), with the east line of the 47.5 acre tract, same
being the west line of said 1122 .139 acre tract of land a distance of 1321 .28 feet to a point in said
County Road 4840 at the northeast comer of said 285 acre tract of land and the most southeast
comer of the 47 .5 acre tract, from which a mag nail found for reference bears N88 °47'38"E, a
distance of 3. 79 feet;
Exhibit H -Page 2
THENCE N89 °48'30"W (S89 °34'39"E 1555 .66'), along the south line of the 47 .5 acre tract, the
south line of Lot 5, Smith County School Lands Subdivision, the approximate centerline of
County Road 4840 and with the north line of said 285 acre tract of land, a distance of 1551. 71
feet to the POINT OF BEGINNING and containing 267.266 acres ofland.
Tract Two
Being all that certain tract or parcel of land situated in the M.E.P . & P .R .R. Co . Survey, Abstract
No. 632, Wise County, Tex as, being all of that certain called 285 acre tract of land described in
the deed to BDA YT Limited Partnership , recorded in Document No. 201811091, Official Records,
Wise County, Texas and being more particularly described by mete and bounds and follows:
BEGINNING at the Southeast comer of the tract being described herein at a 3/8 -inch iron rod
found in the West line of that certain called 1122 .139 acre tract of land described in the deed to
CTMGT Alpha Ranch, LLC , recorded in Document No. 2012-9545, Official Records , Wise
County, Texas for the Northeast comer of that certain tract ofland described in the deed to Ann
Lindsey ReMillard Draudt, recorded in Document No. 2008-19730, Official Records, Wise
County, Texas and the Southeast comer of said 285 acre tract of land, from which a 1/2-inch iron
rod found for the Southwest comer of said 1122.139 acre tract of land bears S00 °02'26"W, a
distance of 688 .16 feet;
THENCE S89 °46'09"W (West 3116.67'), with the North line of said Draudt tract of land and the
South line of said 285 acre tract of land, a distance of 2840.97 feet to a 4-inch steel fence comer
post found for the Southeast comer of that certain tract of land described in the deed to Max
Lindsey Jr. and wife, Beverly Lindsey, recorded in Volume 1519, Page 187, Official Records ,
Wise County, Texas and the Southwest comer of said tract herein described ;
THENCE N00 °39'28"E (North 3983.33'), with the East line of said Lindsey tract ofland, a distance
of 1985.74 feet to a 1/2-inch iron rod found for the Northeast comer thereof and the Southeast
comer of that certain called 59 .73 acre tract of land described in the deed to Craig K. Lindsey,
recorded in Volume 246, Page 427, Deed Records, Wise County, Texas;
THENCE N00 °35'47"E (North 3983 .33'), with the East line of said 59.73 acre tract of land, passing
at a distance of 1960 .29 feet a 4-inch steel fence comer post found for reference and continuing on
said course for a total distance of 1977.58 feet to a point in County Road 4840, in the South line
of that certain called 62.43 acre tract of land described in the deed to Wanda L. Foster, recorded
in Volume 246 , Page 419, Real Records, Wise County, Texas for the Northwest comer of said
tract herein described, from which a RR spike found for reference bears N25 °26'36"W, a distance
of 2.21 feet;
THENCE S89 °40'20"E (East 3116 .67'), along said County Road 4840 and with the South line of
said 62.43 acre tract ofland, a distance of 557 .81 feet to a Mag Nail found for comer;
THENCE N89 °05'37"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said 62.43 acre tract of land, a distance of 346.10 feet to a 1/2-inch iron rod found
Exhibit H -Page 3
for the Southeast comer thereof and the Southwest comer of that certain tract of land described in
the deed to Roberta Ann ReMillard, recorded in Volume 246 , Page 431 , Real Records , Wise
County, Texas;
THENCE N89 °05'42"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said ReMillard tract of land, a distance of 344.48 feet to a 1/2-inch iron rod found
for the Southeast comer thereof and the Southwest comer of that certain called 261 .000 acre tract
ofland described in the deed to JLC Farms, LLC, recorded in Document No . 201603051, Official
Records , Wise County, Texas ;
THENCE S89 °48'30"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said 261 .000 acre tract of land, a distance of 1552.08 feet to in the West line of said
1122.139 acre tract of land for the most Southerly Southeast comer of said 261 .000 acre tract of
land and the Northeast comer of said tract herein described, from which a Mag Nail found for
reference bears N88 °47'38"E, a distance of 3 .79 feet;
THENCE S00 °02'26"W (South 3983 .33'), with the West line of said 1122.139 acre tract of land,
a distance of 3954 .17 feet to the POINT OF BEGINNING and containing 256.399 acres of land.
Exhibit H -Page 4