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Home My WebLink AboutContract 61548Date Received: 6/13/2024 City Secretary Time Received: 9:57 a.m. Contract No.: 61548 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS PEDESTRIAN STREET LIGHT IMPROVEMENT FOR 1216 FAIRMOUNT 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 54 Milestone Properties, LLC ("Developer"), a Texas limited liability company, 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 developing a tract of land within the City of Fort Worth located at the 1216 Fairmount Avenue, Fort Worth, Texas, as more specifically shown in Exhibit A, which is attached hereto and incorporated herein by reference ("Property"); and WHEREAS, Developer is developing the Property by constructing a residential multifamily development on the property ("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, PB21-19226 ("Building Permit"); and WHEREAS, as a condition of the Building Permit and approval of the Project, Developer is required to construct a pedestrian street light at 1216 Fairmount Avenue, as more specially identified in Exhibit "A" which is attached hereto and incorporated herein by reference ("Improvements"); and WHEREAS, the Developer is unable to find an approved street light contractor to perform the limited size scope; and WHEREAS, in lieu of the Developer constructing the Improvements, 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 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; NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue OFFICIAL RECORD 54 Milestone Properties, LLC CITY SECRETARY Page 1 of 8 FT. WORTH, TX 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 and the estimated cost to construct the Improvements are 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 $11,250.00 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 design and 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 not 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. 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: Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue 54 Milestone Properties, LLC Page 2 of 8 City of Fort Worth Contract Management Office 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 54 Milestone Properties, LLC 163 Jellico Circle Southlake, TX 76092 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. 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 Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue 54 Milestone Properties, LLC Page 3 of 8 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. 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. 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 Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code 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. To the extent that Chapter 2276 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, 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 Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue 54 Milestone Properties, LLC Page 4 of 8 (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. 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, 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. 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 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. [REMAINDER OF PAGE INTENTIONALLY BLANK] Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue 54 Milestone Properties, LLC Page 5 of 8 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 2� S�L� Dana Burghdoff (Jun 1, 2024d4A CDT) Dana Burghdoff Assistant City Manager Date: Jun 11, 2024 Recommended by: Bichson Nguyen Contract Compliance Specialist Development Services APPROVED AS TO FORM AND LEGALITY i9� Richard McCracken (Jun 11, 202417:30 CDT) Richard McCracken Sr. Assistant City Attorney Date: Jun 11, 2024 ATTEST: Jannette S. Goodall City Secretary DEVELOPER: 54 Milestone Properties, LLC C&t a� md&kN� Christopher Mips Murray (May 30, 202413:57 CDT) Name: Christopher M. Murray Title: Owner Date: May 30, 2024 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. T� 7l7omvsoh TyT ompson (May�0, 202414:09 CDT) Tyson Thompson, PE Assistant Director Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue OFFICIAL RECORD 54 Milestone Properties, LLC CITY SECRETARY Page 6 of 8 FT. WORTH, TX I � L nu�mcrxr ere Rir I FF__ I > I I I I • I I I I I woa�.c�r I I �Y R� I to o I I I I I I � 'ill[ 1Hi1 PLYLLO�MLIYT I I —1.1... T � PPPROV ED nuvstia W ...1-4tW]nT—E— Easr. snxranr �liEs u� Prp. s...nwr3Y.y.:r� //yy V oM^ SS RUYni'L �} El FdlRMOUA7 STREET p—I �'B;VI�a-ruLua I�Pxr'a FT� ril W ALIE 0.UVAPr I IUE nn£ xaMYC'(V i0.f' rOr EI mn�vnnorf rtt8'r 14'fw,Wt rEY�f r � 90.WY�9 801E3 f RxfrACRR 4 . -4 t r _..4iVE9].L�E.I ASA �..•. _'.' : w'xa:.V 'A!r wi xr:lR _ Y -- . Ai f.trR1C SRifv LAIEP.LL. uV4i & E:?'+�� t-`•VCf)C"'[FIY tiLHIl1G RPIRTPTT (CYIY �; �.. ...-. J.n¢04D PT]11Kr6 L�5A H _ _ -'WFI .M.�A 4 Hlria•'P - gnu +ws T.Tr is uU � r m annex .um ru. awiWr. _ �� 11F (YW1R.1CxR5 A1I TC _.• r.+e ati�� .rva Aw �G4YY T14EY STREET LIGHT - .ru f-f.r�a's PnAan m PLAN CTA w¢pyll 7:mn ..., FC i lit Engineer's 1216 Fairmount G-Plex Estimate Project Item Information Bidder's Proposal Bidlrst Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS 1 3441.1501 Fumish/Install Ground Box Type B 3441 10 EA 1 $800.00 $800.00 2 3441.3037 Fumish/Install 10' - 14' Washington 344120 _ � Standard Light Pole & Fixture LED 1 $5,2G1).DO 3 3441.3303 Rdwy Ilium Foundation TY 7 344120 EA 1 _$5,200.00 $3,000.00 $3,DD0.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $9,000.00 Bid Summary UNIT V- STREET LIGHTING IMPROVEMENTS $9 ICI-00 Total Engineer's Estimate $9,000.00 ARLINGTON SURLESON 519E Border Street i 201 W Ellison Street, Suite 202 Arlington, Texas 76010 Burleson, Texas 760213 Future Improvements Agreement Pedestrian Street Light Improvements at 1216 Fairmount Avenue 54 Milestone Properties, LLC Page 8 of 8