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HomeMy WebLinkAboutContract 59022Date Received: Mar 14, 2023 Time Received: 11:39 a.m. City Secretary Contract No.: 59022 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS ALLEY PAVING IMPROVEMENTS FOR 4009 MATTISON AVENUE 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 V Fine Homes, LP ("Developer"), a Texas limited liability company, acting by and through its duly authorized representative, and Gary L. Foster ("Owner"). City, Owner and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Owner is the owner of a tract of land within the City of Fort Worth located at 4009 Mattison Avenue, Fort Worth, Texas 76107 ("Property"); and WHEREAS, V Fine Homes is developing the Property on behalf of Owner by constructing a complete house remodel, and garage, guest suite and bedroom expansions ("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, the City has issued residential building permits for the Project, PB21-06614 and PB21-06615 ("Building Permits"); and WHEREAS, as a condition of the issuance of the Building Permits and the approval of the Project, Owner and V Fine Homes are required to pave the alley behind the Property with reinforced concrete, as more specifically identified in Exhibit "A" which is attached hereto and incorporated herein by reference ("Improvements"); and WHEREAS, Developer will construct the Improvements for Owner for the Project; and WHEREAS, the City has a capital umprovements project in the alley that is delaying Developer's ability to construct the Improvements at this time; and WHEREAS, the City, Owner and Developer agree that in order to avoid delaying the City's approval of the Project, Developer will pay to the City $7,125.00, 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 WHEREAS, if Developer fails to construct the Improvements within 3 months of the City's final approval of the work being performed pursuant to the Building Permits, City may use the Developer Funds to construct the Improvements; and OFFICIAL RECORD Future Improvements Agreement CITY SECRETARY Alley Paving Improvements for 4009 Mattison Avenue FT. WORTH, TX Page 1 of 9 WHEREAS, the determination of the amount of the 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 Improvement Funds Concurrently with the execution of this Agreement, Developer has paid to the City $7,125.00, 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 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. 4. Use of Future Improvement Funds By accepting the Future Improvement Funds and by execution of this Agreement, City agrees that neither the Developer nor Owner will have any 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 if. (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 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. Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 2 of 9 5. 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: Development Coordination Office City of Fort Worth 200 Texas Street 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 OWNER: Gary L. Foster 4009 Mattison Avenue Fort Worth, Texas 76107 DEVELOPER: V Fine Homes, LP 3535 W 7t' Street STE B Fort Worth, Texas 76107 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 6. 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 Alley Paving Improvements for 4009 Mattison Avenue Page 3 of 9 7. 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. 8. 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. 9. Review of Counsel City, Owner 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. 10. 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, Owner and Developer. 11. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City, Owner and Developer, and any lawful assign or successor of Owner or Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 12. 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. Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 4 of 9 13. 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. 14. 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. 15. Signature Authority The person signing this Agreement on behalf of Developer and Owner, as applicable, warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer or Owner, as applicable, 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. 16. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 5 of 9 17. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the City, Owner and Developer, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [SIGNATURES ON FOLLOWING PAGE] Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 6 of 9 IN WITNESS WH REOF, the City, Owner 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 Dana Burghdoff Assistant City Manager Mar 10, 2023 Date Recommended by: Dwayne Hollars (Mar 8, 202309:23 CST) Dwayne Hollars Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY Richard A. McCracken (Mar 8, 202317:26 CST) Richard McCracken Sr. Assistant City Attorney Contract Compliance Manager: 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. City Secretary Name: Tyson Thompson, PE Title: Assistant Director Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 7 of 9 EVELOPER: V Fine Homes, LP, a Texas limited partnership By: VHFGP, LLC, a Texas limited liability company, its general partner By. Rob SO (Mar 7, 02310:58 CST) Robert Sell Manager Date: Mar 7, 2023 OWNER: ry Fosf (Mar 8, 2023 08:54 CST) Gary L. Foster ATTEST A .�,a= Jannette S. Goodall y 0oFORT*oa�o G �� �o, d o s Pvo ox Pad an nEXA?ap�� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 8 of 9 i Opal - -Zi Future Improvements Agreement Alley Paving Improvements for 4009 Mattison Avenue Page 9 of 9