The URL can be used to link to this page

Home My WebLink AboutContract 60387CSC No. 60387 DEVELOPER FUNDING AGREEMENT FOR 314 S MAIN ST ILLUMINATION IMPROVEMENTS THIS AGREEMENT is by and between 314 South Main, LLC hereinafter referred to as "Developer', and the City of Fort Worth, hereinafter referred to as "City". WHEREAS. Developer, is the owner of land at 314 S Main St. within the City of Fort Worth, Tarrant County Texas, more fully depicted on Exhibit A attached hereto and incorporated herein (the "Property"), and WHEREAS, Developer is making improvements to the Property pursuant to that certain permit issued by City (Permit No. PK22-05185 & PB22-06713): and WHEREAS, in order to serve the Property and fulfill illumination requirements by City regulations. Developer is required to construct 2 street lights and related appurtenances ("Illumination Improvements") as depicted on Exhibit B attached hereto and incorporated herein; and WHEREAS, Developer has requested that City perform the installation of the Illumination Improvements and agrees to pay for the cost thereof; and WHEREAS, City has agreed to install the Illumination Improvements; and WHEREAS, Developer will make a contribution to the City in the amount of $36.183.64 (the "Contribution"). which is the estimated cost for construction, inspection, fees, permits and staff costs ("Construction Costs") of the Illumination Improvements; and WHEREAS, after installation of the Illumination Improvements, the City will perform a final accounting review and if any additional amount is owed for the Construction Costs. City will invoice Developer and Developer shall remit same to the City or if any credit or refund is owed to Developer, City shall remit same to Developer. NOW THEREFORE, in consideration of the above recitals and the promises and covenants herein, City and Developer do hereby agree as follows: Developer will provide to City the Contribution amount of $36,183.64 for construction of the Illumination Improvements concurrent with Developer's execution and return of this Agreement. 2. Developer's Contribution to the City is an estimate of Developer's obligation for its costs related to the Illumination Improvements. If any cost overages are due the City for the construction, Developer shall remit same to City within 30 days of receipt of a request for same; likewise. if any credit or refund is due Developer at the completion and final accounting of the Illumination Improvements construction, same shall be refunded by City to Developer. If the actual Construction Costs are more than the estimated payments made by the Developer, the Developer shall pay the difference to the City before the improvements will be accepted by the City. If the actual Construction Costs are less than the estimated payments made by the Developer, the City will refund the difference unless, in either case. the difference between the actual costs and the estimated payments is fifty dollars ($50.00) or less. In that case. the City will not issue a refund and the Developer will not be responsible for paying the difference. Dev Funding Agreement: Page l of 6 Illumination Improvements OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. City will use its best reasonable efforts to perform this Agreement without undue delay. 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. 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. 5. Notices required pursuant to the provisions of this Agreement shall be conclusively deten-nined 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 of Fort Worth Attn: William Johnson, Assistant City Manager 200 Texas Street Fort Worth. TX 76102-631 l Email: wil liarn.iohnso�n rc.fort ,orthtexas.ge With Copy to the City Attorney. 314 South Main, LLC Attn: Rian Maguire 451 South Main, Suite 200 Fort Worth, TX 76104 Email: Rian@chcdev.com Executed by each party's duly designated and authorized representative; effective as ofthe date subscribed by the Citv's designated Assistant Citv Manager. CITY OF FORT WORTH, TEXAS: P By: William Johnson (O t 31, 2023 16:21 CDT) William Johnson Assistant City Manager Date: APPROVAL RECOMMENDED: By: Lauren Prieur (Oct 30,_ 2023 10:17 CDTJ Lauren Prieur, Director Transportation and Public Works Dev Funding Agreement: Illumination Improvements 314 SOUTH VAi j By: - W // l Ria Maguire Principal Date: Page 2 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPRO/}V��j/rEEDD AS TO FORM AND LEGALITY: By: DBlack (Oct 31 5 CDT) Douglas W. Black Senior Assistant City Attorney CONTRACT AUTHORIZATION M&C: N/A Date Approved: ATTEST: By: Jannette S. Goodall City Secretary c FFORT �a 0000000, �Y9�dd O �a vvo �=a dpP 4d nEXp`�4pd� CONTRACT COMPLIANCE MANAGER: By signing. 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Bv:6� Clint Hoover, P.E. Engineering Manager Dev Funding Agreement: Illumination Improvements Page 3 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Dev Funding Agreement: Page 4 of 6 Illumination Improvements ° _.. O � 0 OPwePW IbY01�1 2 AOY WmIrtPYe7rpe nPC[1 PP9]PY MYIXTF[S PF as PP7AORFu525NlP Ile4Neile OYaa4 YirmPtl Pm L1lPi 3 elrmnl CmtllPl and Gh1Ys Aun Srre reMl` d•'Pa1KNd/bOr!/YnOy eP-CMWA Na r E9 oae a � Aa r v hPFKIe Ra r 57 Trags VOLE TwI ID i'araLvanufnuYlFlnns t+�llcxraPrcallxn-sPr OVERALL SITE PLAN LEGEND 0 Existing Light urbanbohral ❑ Existing Ground Box 49 New Light New Ground Box — Conduit NOTES: ,..N..a. d:.• 4ary 4.elewS b 1-G dosrwml n 11• Pe.e Wa4 eldr m POW. ' OM'IIPiMP�pkm'mbe YurM-W .0 W .I fen WnM pr.PUYrd IIIPMum4ulr. - GF pS9T}rillwlor m.rynenVNMnreuiuul NtlubnlmnFua GumwnA.P brladukm6.rd r1.4prkpP d 3N'- -PMINYP1lootlallontluYee MtJIM S �mPYnnfM1E'Eoi aP ralraPR 11i�9'Minhm iealnr.➢rem hegy.r.�y 1PC�N' WIMaV.•nsnl rsW YOaaF=I�mvRJ arrYR! 11M1, '.iMLh.l�m mus lr �, r. APPROVED Parkway Permit #: PK22-05185 sna$mo oam E1.D Building Permit#: PB22-06713 �A� == "^ Exhibit B ❑ev Funding Agreement: Page 5 of Illumination Improvements Project Name: 314 South Main Street Parkway Permit: PK22-05185 Building Permit: PB22-06713 ITEM QUANTITY PRICE PER PRICE Furnish/install Decorative light pole: Washington 14` w/WFCL2 P40 30K MVOLT FC3 BK NF PR7 AO RFD325896 Fixture 2 EA $ 4,195.00 $ 8,390.00 Lighting ground box 3 EA $ 2,045.00 $ 6,135.00 Conduit: Schedule 80 2" PVC by Bore 19 LF $ 54.00 $ 1,026.00 Conduit: Schedule 80 2" PVC by Trench 110 LF $ 44.50 $ 4,895.00 Wiring: #6 Copper 387 LF $ 5.10 $ 1,973.70 Electrical connections 5 EA $ 330.00 $ 1,650.00 Install ty 7 Foundation 2 EA $ 3,025.00 $ 6,050.00 Exploratory excavation 5 EA $ 250,00 $ 1,250.00 Contingency $ 4,813.94 TOTALI $ 36,183.64 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE: 314 South Main Lighting Funding Agreement M&C: PARKWAY PK22- PERMIT: 05185 BUILDING PB22- DOC#: PERMIT: 06713 Date: 10/25/23 To: Name Department Initials Date Out 1. Clint Hoover TPW - Signature 2. Anna Benavides TPW — Initialer 3. Rajnish Gupta TPW - Signature Rc RG 4. Martin Phillips TPW — Initials 5. Lauren Prieur TPW - Signature 6. Doug Black Legal — Signature 77, fwb 7. William Johnson CMO - Signature s. 8. Ronald Gonzales CSO - Signature - 9. Jannette Goodall CSO - Signature J56TSG 10. Allison Tidwell CSO - Initial 11. Tabitha Giddings TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ❑No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a�FortWorthTexas.gov at ext. 7233 for pick up when completed. Thank you!