HomeMy WebLinkAboutContract 60061City Secretary Contract Number 60061
DEVELOPER FUNDING AGREEMENT
FOR MIAMI THREAD FACILITY
WATER LINE REPLACMENT
This DEVELOPER FUNDING AGREEMENT ("Agreement") is by and between Elena Chavon
Corp., d/b/a Miami Thread, hereinafter referred to as "Developer", Top Cat LLC, hereinafter referred to as
"Owner," and the City of Fort Worth, Texas hereinafter referred to as "City".
WHEREAS, Owner, is the owner of land west of IH 35, and north of Tucker Street, in Fort Worth,
Tarrant County Texas, more fully depicted on Exhibit A which is attached hereto and incorporated herein
by reference (the "Property"); and
WHEREAS, Developer is developing the Property and is required to construct public infrastructure
improvements to support the development, including replacing an existing 6-inch cast iron water line with
an 8-inch water line along the frontage of the Property along the South Freeway Southbound Service Road,
and associated pavement replacement (the "Work"); and
WHEREAS, the City will be constructing a capital project for the replacement of 6-inch cast iron
water line with an 8-inch water line, which scope includes the frontage of the Property along the South
Freeway Southbound Service Road (the "Pipeline Project"); and
WHEREAS, in lieu of Developer performing the Work, the City intends to perform the work as
part of the City's Pipeline Project, with the Developer paying its portion of the cost of the Work to the City;
and
WHEREAS, Developer will make a contribution to the City in the amount of $16,380.00 (the
"Contribution"), and the City will include the Work in the scope of the Pipeline Project; and
WHEREAS, Developer will construct additional public infrastructure improvements, including,
but not limited to, replacing an existing 4-inch water main within Tucker Street along the southern frontage
of the Property with an 8-inch water main pursuant to and as further defined in a separate community
facilities agreement for Miami Thread Facility (IPRC23-0030), City Project Number 104784;
NOW THEREFORE, in consideration of the above recitals and the promises and covenants
contained herein, City and Developer do hereby agree as follows:
1. Concurrent with Developer's execution of this Agreement, Developer has paid to City the
Contribution amount of $16,380.00 for City to construct the Work as part of the City's Pipeline Project, as
described above. Developer's Contribution amount for the Pipeline Project will not exceed the $16,380.00,
regardless of any changes to or increase in the cost of the Pipeline Project. The Contribution amount was
determined as follows:
Developer Funding Agreement for Miami Thread Facility
Water Line Replacement
Elena Chavon Corp.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Miami Thread Facility IPRC23-0030 Water
Improvements
Unit of
Measure
Q 0.
CFW Alternate
Bid
Developer Cost
(Delta)
Del- Water
Cost
6" PVC Water Linz
LF
, ,
$105.00
S15.00
$6-330-O0
8" PVC Water Line
$120.00
6" Gate Valve
EA
4
$2,000-00
$600.00
$2.400.00
8" Gate Valve
$2,600.00
58,730.00
Paving Improvnaents
Unit of
Measure
Qty
CFW
Total
Del Paving
Total
Assumed 6'wide conc panel (Devrcity-
Frontage)
SY
68
$225.00
$15.300.00
$7.650.00
Developer Contribution
S16,380.00
2. City will appropriate the Developer Contribution into the project fund for the Pipeline Project in
order to compensate the City's contractor for the Work.
3. Developer's Contribution to the City is an actual cost of Developer's obligation for its costs related
to the Work described herein.
4. City will use its best reasonable efforts to complete the Work without undue delay.
5. Any changes to the scope or timing of the Pipeline Project or other changes to infrastructure shall
not impact Owner's or Developer's rights to operate and use, any and all existing infrastructure, in addition
to any upgrades completed through the separate community facilities agreement for Miami Thread Facility
(IPRC23-0030), City Project Number 104784 at the flows indicated in the following water demand
calculation for the Project:
Summary of Water Demand Cafcufation - Proposed Use
Sub-
Basin
ID
Use
Units
Unit
Type
Density
(people/
connection}
Capita
Population
(C)
Average
Daily
Demand
(gpcd)
Max
Daily
Flow
(gpm)
Max Day +
Fire Flow
(8Pm)
Max
Hour
Flow
(gpm)
1
Office
Refer to POTW application far related values.
1.76
—
3.69
2
Medium
Industrial
*FIXED
N/A
N/A
N/A
N/A
300.0
—
300.0
Total
301.76
1,801,76
303.69
Any increase in water demand or expansion of operations beyond the water demand calculation for the
project will require additional study and approval by the City and may require additional public
infrastructure construction by Owner or Developer.
6. This Agreement shall be binding upon and inure to the benefit of the City and Developer and their
respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes
the entire agreement between the parties hereto, and may not be amended except by a writing signed by all
parties and dated subsequent to the date hereof.
7. If Developer or any subsequent owner transfers the Property or any portion thereof prior to the
performance of all obligations of the Developer or City hereunder, Developer or such transferring owner
shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this
Agreement performable from and after the date of transfer. From and after the date of such transfer, the
transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further
obligations under this Agreement, with respect to the Property or portion thereof transferred.
Developer Funding Agreement for Miami Thread Facility
Water Line Replacement
Elena Chavon Corp.
Page 2 of 6
8. Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other Party, its agents, employees, servants or
representatives, (2) delivered by electronic means with confirmation of the transmission, or (3) received
by the other Party by United States Mail, registered, return, receipt requested, addressed as follows:
City:
City of Fort Worth
Attn: Dana Burghdoff, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6311
Email: dana.burghdoff@fortworthtexas.gov
Facsimile: (817) 392-8654
With Copy to the City Attorney.
Developer:
Elena Chavon Corp.
Attn: Amy Daugherty
4621 S Cooper St, #131-344
Arlington, Texas 76017
Email: ElenaChavon@yahoo.com
Owner:
Top Cat, LLC
Attn: Ron Daugherty
1221 Vintage P1
Nashville, Tennessee 37215
Email: RTDaugherty77@yahoo.com
9. 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.
10. 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.
11. 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.
12. Developer agrees that, until the expiration of three (3) years after execution of this Agreement that
the City shall have access to and the right to examine any directly pertinent books, documents, papers and
records of the Developer involving transactions relating to this Agreement. Developer agrees that the City
shall have access during normal working hours to all necessary Developer facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give Developer reasonable advance notice of intended audits.
13. It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
14. This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
Developer Funding Agreement for Miami Thread Facility
Water Line Replacement
Elena Chavon Corp.
Page 3 of 6
15. 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.
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized representatives to be effective on the date signed by the City's Assistant City Manager.
City of Fort Worth, Texas: Developer:
Elena Chavon Corp.
4321 S Cooper St, #131-344
Arlington, Texas 76107
T7c�za-3li . 14.�auuL. ba f�r
By:Dana Burghdoff (Sep , 20231 CDT) By: Amy L. Daugherty (Aug 23, 02311:3 EDT)
Dana Burghdoff Amy Daugherty
Assistant City Manager President/CEO
Date:
Sep 6, 2023
APPROVAL RECOMMENDED:
Chris Harder
Chris Harder (Aug 31, 2023 07:01 CDT)
By:
Chris Harder, P.E.
Director Water Department
APPROVED AS TO FORM AND LEGALITY:
DBlack (Sep 5, 202316:34 CDT)
By:
Douglas W. Black
Senior Assistant City Attorney
CONTRACT AUTHORIZATION
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By:
Jannette Goodall
City Secretary
Developer Funding Agreement for Miami Thread Facility
Water Line Replacement
Elena Chavon Corp.
Date: Aug 23, 2023
Owner:
Top Cat, LLC
1221 Vintage P1
Nashville, Tennessee 37215
Ron Dau (Aug 22, 202318:18 EDT)
By:
Ron Daughtery
Owner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
To7. .51.,e642.
By:
Tony Sholola, P.E.
Assistant Director, Water Department
Developer Funding Agreement for Miami Thread Facility
Water Line Replacement
Elena Chavon Corp.
Page 5 of 6
EXHIBIT A
Developer Funding Agreement for Miami Thread Facility
Water Line Replacement
Elena Chavon Corp.
Page 6 of 6