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HomeMy WebLinkAbout064409 - Construction-Related - Contract - Aradi Properties, LLCDate Received: 12/05/2025 City Secretary Time Received: 10:20 a.m. Contract No.: 64409 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS TRAFFIC SIGNAL IMPROVEMENTS AT ALEMEDA STREET AND CAMP BOWIE WEST BLVD. 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 ARADI 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 "parry" and collectively as the "parties." WHEREAS, Developer is developing a tract of land within the City of Fort Worth located at the northeast corner of Camp Bowie West Boulevard. and Alemeda Street 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, 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 Project, the City determined that, based upon the increased traffic demands created by the Project, Developer is responsible for a portion of the cost of designing and constructing traffic signal improvements at the intersection of Alemeda Street and Camp Bowie West Boulevard as more specifically described herein ("Improvements"); and WHEREAS, the City has determined that construction of the Improvements at this time is not feasible because Developer is not responsible for the total cost of the Improvements; and WHEREAS, Developer will pay to City Developer's portion of the cost of the Improvements and the City shall cause the Improvements to be designed and constructed at a later time; and WHEREAS, the determination of the amount Developer pays to the City pursuant to this Agreement for 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 Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 1 of 8 OFFICIAL RECORD CITY SECRETARY 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 consist of cost to design and construct a traffic signal at the intersection of Alemeda Street and Camp Bowie West Boulevard as more specifically 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 $300,000.00, which amount represents one hundred twenty-five percent of half the estimated cost of designing and 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. The calculation of the Future Improvement Funds is set forth in Exhibit A and is reflected in the following table: Improvements Amount Intersection Improvements —Camp Bowie West and Alemeda (T) $300,000.00 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 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. Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 2 of 8 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. 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: City of Fort Worth Contract Management Office 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: Aradi Properties, LLC 105 YMCA Drive Waxahachie, Texas 76168 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 Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 3 of 8 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 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 Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 4 of 8 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 (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. Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi 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 cva�� Jesica McEachern Assistant City Manager 12/04/2025 Date Recommended by: )01049w W-o& Dwayne Hollars Sr. Contract Compliance Specialist Development Services APPROVED AS TO FORM AND LEGALITY Richard McCracken Sr. Assistant City Attorney ATTEST: Jannette S. Goodall City Secretary DEVELOPER: ARADI PROPERTIES, LLC Watii AGawedik Walid Alameddine (Nov 24, 2025 20:41:40 GMT+2) Walid Alameddine Vice President 11/24/2025 Date Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 6 of 8 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. Name: Cannon R. Henry, PE, CFM Title: Assistant Director OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX I 1 � I I� 9� LCi n, BLdCL9 LIhhV 1L4N EEnig a xiLME3B1[N1LE'N 5 F U.LT p all Lifa IS, ILDIX} mANSIA6Tns y 'RNL3EMJ"ih r5� PR.I.Cr. I I J CONM OA EtYMdR I1I rnilLe lr4NwEla 1*141111.11W.1 NESE EM'11701N1fhENGk lshT� LLC NslEuhE.n IAIXBIR OnIDElNB Df.Rur. NL�1l2¢lYE sd714 LOT IR-3, BLUCK 5 WESTERN CROSSROADS ADDITION &4%kff5DR z9tis»5':AARE REF ,m k aLr<s u rweusgxr.Lm -"""x ss.wLwxlrt�LE,�sR ., R,I�.ee 1h5RlIMNRNWBC4Eil171i93Bf L,mn aPArn. i9 MLME NATE1 EAMW _ RoINNEIfI /JYYER 0?>hB}�6 Df.RT.LI. SWA PALLA ENIPfE �O1° INd'dD 40'E 33i35' yq 6�2 f351• 50'R1 DFRWY ---IIrNW'3l'S3L01HNb}� YdNNW R•1QD.@ 'Dlm a&� W _ PATLT. �r Ir32Al'y4y.N { SYE d-11A -r NwIC389SiW w BBBEEE l.R.T.L7. 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W'DMAIri Ee BBT 'D47K ENi NM H ujaf-T. s 1NmLww NAw wV183E6 S.ri+S6Na _ _J_ —Y ---__----_-- L lY Nw4'76'W 317.MI yr =P* ht25L8 RY➢ Q I� R9fI11E AKMELR qNAr ,�.a..�.rt DATLT.TLr. 44Wa w,iE L99 ULT. _ a0.TLT. DMMWIEW3TBCULNAICF- l150gkWMxSF.n.SNO 1, LBO' u,7>✓1DE N&N16.Nai _ i D[ 3[Nf } Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 7 of 8 DATE: 8f 15f 2025 FROM: Gornal Mabrouk, P.E. Attention: Arad Properties, LI_C Subject: Alemeda and Camp Bowie West Traff ic Signal RP The City of Fort Worth Transportation Development Services Division has reviewed the traffic impact analysis for the proposed development located in the north east corner of the intersection of Ale meda and Camp Bowie West in the City of FortWofth, Texas. The tract is subject to a review of the Rough Proportionality and potential construction of roa dway i mprovernents identified, based on the site's impact on the CKYs roadway system. The assignment of responsibilityforidentified improvements will be determined by the City and the estimated cost will be compared to the Rough Proportionality, The developer of this site will be responsible for the following: 1. A roughly proportional portion of the traffic signal proposed at the intersection of Alemeda and 'Lamp Bowie West determined to be worth $300,00,0 at the time of assessment, The dollar figure was determined atter consideration of the signal constnuction oast at the time and the impact to the intersection by the development. This requirement will be delivered through a Future Improverent Agreement. Sincerely, Gamal Mahrouk, P.E. Engineering Manager Transportation Development Services Developmerrt Services Department DEWUOPMEHTSERVICES DEPARTMENT City of Fort Worth • 200Texas Street • Fort Worth, Texas 76102 Future Improvements Agreement Traffic Signal Improvement for Alemeda and Camp Bowie Blvd. Aradi Properties, LLC Page 8 of 8 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: ARADI PROPERTIES, LLC Subject of the Agreement: Future Improvement Agreement M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following _ order: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.