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HomeMy WebLinkAboutContract 62012Date Received: Sep 20, 2024 City Secretary Time Received: 4:44 p.m. Contract No.: 62012 FUTURE IMPROVEMENTS AGREEMENT FOR TRAFFIC SIGNAL IMPROVEMENTS MCPHERSON BOULEVARD AT CHISHOLM TRAIL PARKWAY AND BREWER ROAD AT W. RISINGER ROAD 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 Chisholm Trail Center, LP ("Developer"), a Texas limited partnership, 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 northwest corner of Chisholm Trail Parkway and McPherson Boulevard, 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 commercial development on the property ("Project"); and WHEREAS, in connection with the Project, the City has reviewed a preliminary plat for the Project, PP-23-049; 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, in review of the preliminary plat and the transportation impact analysis for the Project, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible foraportionofthecostofdesigning and constructing traffic signal improvements at the intersections of McPherson Boulevard at Chisholm Trail Parkway and Brewer Road at W. Ris finger Road as more specifically described herein ("Improvements"); and WHEREAS, because Developer is only required to pay for a portion of the traffic signal Improvements, construction of the Improvements at this time is not feasible; and WHEREAS, the City has agreed for Developer to pay to the City the Developer's share of the funds necessaryto constructthe Improvements and the City will use the Developer's share of the funds to design, construct, and manage the construction of the Improvements at a later date once the City has collected or appropriated the remaining funds necessary to construct the Improvements; and WHEREAS, the determination of the amount Developer pays to the City pursuant to this Agreement for the Developer's share of the construction of the Improvements is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Future Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 1 of 9 NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: 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 shall consist of the traffic signals atthe intersection of McPherson Boulevard and Chisholm Trail Parkway and at the intersection of Brewer Road and W. Risinger Road as more specifically described in Exhibit `B" which is attached hereto and incorporated herein by reference. 3. Future Improvement Funds Prior to the execution of this Agreement by Developer, Developer has paid to the City $518,750.00, which amount represents one hundred twenty-five percent of Developer's share 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 construct the Improvements. The calculation of the Future Improvement Funds was made as indicated in the following table: Improvements Amount McPherson Boulevard at Chisholm Trail Parkway (17% of cost plus 25%) $318,750.00 Brewer Road at W. Risinger Road (16% of cost plus 25%) $200,000.00 Total $518,750.00 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 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 Future Improvements Agreement Traffic Signal Improvements McPhers on Boulevard at Chis holm Trail Parkway and Brewer Road at W. Risinger Road Page 2 of 9 Improvement Funds shall be made by City to Developer. Notwithstanding anything to the contrary herein, City may use the Future Improvement Funds to design, construct, and manage the construction of the Improvements, or to design and construct other improvements that are located in the immediate vicinity of the Project that directly 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.. 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: Development Coordination Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: Chisholm Trail Center, LP 7001 Preston Road, Ste 410 Dallas, Texas 75205 Attention: Robert Dorazil 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. Future Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 3 of 9 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 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 companywith 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 Future Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 4 of 9 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 awritten 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) willnot 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 valu e of $100,000 or more which willbe 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 fromthe company that it: (1) does not have a practice, policy, guidance, ordirective that discriminates against afirearmentity 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 applic able 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 Developer 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 Future Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 5of9 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 Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 6of9 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 'Daha �r gl�olaFf Dana Burghdoff (Sep 202415.5t CDT) Dana Burghdoff Assistant City Manager Sep 19, 2024 Date Recommendedby: Dwayne Hollars Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY Richard McCracken (Sep 19, 202412:35 CDT) Richard McCracken Sr. Assistant City Attorney No M&C Required DEVELOPER: Chisholm Trail Center, LP a Texas limited partnership By: UCD Chisholm Trail GP, LLC a Texas limited liability company its managing general partner �e�aztTJoa,� � Robert Dorazil (Sep 16, &13:53 CDT) Robert V. Dorazil Manager Sep 16, 2024 Date 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. Form 1295: N/A aa� FORT�n�a 1K \1 p4',''�d Tyson Tho on Sep (l�, 202418:11 CDT) ATTEST: Name: Tyson Thompson, PE Title: Assistant Director Jannette S. vGoodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Future Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. RisingerRoad Page 7 of 9 EXHIBIT A it FIA EXHIBIT TARDE'r-CMFKRJW rjffdev*Hbm Future ][Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 8 of 9 EXHIBIT B Date February 20. 2024 From Tom Sim". P.E. Attention Krnley-Ham and Associates Subject CTP Target TIA Review The Transportation Development Review Croup has reviewed the traffrc impact analysis on behalf of the City of Fort Worth Development Services Deparlment for the proposed development titled CTP Target located west of Chisholm Trail Parkway and north of McPherson Blvd. in the City of Fort Worth, Texas- Based on the City of Fort Worth Traffic Impact Analysis Guidelines, the report accurately represents the theoretica I impact of the proposed development on the area transportation infrastructure_ The tract is subject to a review of the Rough Proportionality and potential construction of roadway improvements identifred, based on the site's impact on the City's roadway system_ The assigtiment of responsibility for identified improvements will be determined by the City and the estimated cost will be compared to tfle Rough Proporonality- Detailed intersection geometry will be determined from the projected traffic and will be reviewed and established as a part of the IPRC plans submittal - The following requirements are based on the TIA. The development will be required to execute a Future Improvement Agreement with the City prior to final platting for traffic signal improvements needed for their percentage of traffic at the following intersections: 1- McPherson at Chisholm Trail Parkway- 17 of $1-5M x 1-25 = $318,79).00 2- Brewer Road at Risinger Blvd-: 16% of $1 M x 1.25 = S200,000 Total FlA = $518,750.00 The completion of the signal at the main driveway on McPherson for the southbound approach - Westbound deceleration lanes for all driveways as depicted in the TIA. ♦3EVELOPMEW SERMES DEPARTMDU Criy of Fort Worth o 200 Texas Street o Fart Worth, Texas 761152 Future Improvements Agreement Traffic Signal Improvements McPherson Boulevard at ChisholmTrail Parkway and Brewer Road at W. Risinger Road Page 9of9