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HomeMy WebLinkAbout064676 - Construction-Related - Contract - Weatherford 55, Ltd.Date Received: 02/09/2026 T1me Received: 9.18 a.m. CSC No. 64676 FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS PEPPERTREE LANE 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 Weatherford 55, Ltd. ("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 southeast ofthe intersection of Chapel Creek Boulevard and Westpoint Boulevard ("Property"); and WHEREAS, in connection with developing the Property, Developer is required to construct an offsite sewer main, the Westpoint Park Off -Site Sewer, City Project No. 104403 ("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, Developer is responsible for resurfacing Peppertree Lane as part ofthe Project; and WHEREAS, due to the City having a capital project in the same area at the same time, the City is responsible for resurfacing half of Peppertree Lane for 1,800 linear feet; and WHEREAS, in lieu of the Developer constructing the Improvements pursuant to a community facilities agreement, the City has agreed to construct the Improvements with Developer contributing the funds necessary to construct the Improvements and the City constructing the Improvements; and WHEREAS, the determination of the amount Developer pays to the City pursuant to this Agreement for construction ofthe Improvements is not an assessment pursuant to Chapter 313 ofthe Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, City and Developer, acting by and through their duly authorized representatives, 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. Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 1 of8 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. Improvements The Improvements shall consist of resurfacing approximately 1,800 linear feet of half of Peppertree Lane as more specifically depicted and described in Exhibit "A" which is attached hereto and incorporated herein by reference ("Improvements"). 3. Future Improvement Funds Concurrently with the execution of this Agreement, Developer has paid to the City $47,155.72, which amount represents one hundred twenty-five percent of the estimated cost of constructing the Improvements ("Future Improvement Funds") as more specifically described in Exhibit "B" which is attached hereto and incorporated herein by reference. The Future Improvement Funds shall serve as the entire amount of Developer's contribution for the cost to 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 Improvements 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 have no 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. 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: Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 2 of 8 CITY: Development Coordination Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With conies 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: Weatherford 55, Ltd. 3045 Lackland Rd. Fort Worth, TX 76116 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 Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 3 of 8 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 City or 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 that is to 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 Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 4 of 8 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 that is to 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 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 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. [SIGNATURE ON FOLLOWING PAGE] Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 5 of 8 IN WITNESS WH REOF, 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 EVELOPER: Weatherford 55, Ltd. � By: Windfall Investments, Inc., Jesica McEachern a Texas corporation, Assistant City Manager its general partner 02/08/2026 ��`,� Gl t�1.8'S'C- Date Tim Fleet (Feb 3, 2026 08:22:50 CST) Tim H. Fleet President Date 02/03/2026 Recommended by: Dwayne Hollars Sr. Contract Compliance Specialist Planning and Development APPROVED AS TO FORM AND LEGALITY 91—� uJ � Jessika Williams Assistant City Attorney 4.p444�n� u� 0000 as Contract Compliance Manager: ATTEST: P moo °9°d By signing, I acknowledge that I am the pis '=d person responsible for the monitoring and °oaro. ,o administration of this contract, including ensuring a44 i*.*z,**o all performance and reporting requirements. Jannette S. Goodall City Secretary ZX1_ Name: Cannon R. Henry, P.E. Title: Assistant Director Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 6 of 8 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX r0 L x W v N �r a =a ci SCALE: 1`— 2,000' w i � C. es o, . rl N OMlNER/DEVELOPER: WEATHERFORD 55, LTD. 3045 LACKLAND RD. FORT WORTH, Tx 76116 PH: 817— 731— 7595 o W - REPRESENTATIVE: SCOTT SCHERER a If Future Improvements Agreement Peppertree Lane Weatherford 55, Ltd. Page 7 of 8 EXHIBIT A MAPSCO NO. 728 & 72F COUNCIL DISTRICT 3 CITY PROJECT NO. 104403 FIA FUNDING VICINITY MAP WESTPOINT PARK I OFF -SITE SEWER L•ASC❑hL9Rll!: FlNV YHITWSS�dTY1MG FlNN Nc{: YI [[ FORT WORTH, TEXAS PM: MICHELLE LASA PH:817.870.3668 C PN : 104403 11 West Point Park Sanitary Sewer IPRC22-0189 Future Improvements Agreement CFW Unit Developer Pay item # Bid list Item NO Quantity Unit Description price Unit Price Cost City Cost Total 9 3201. 0201 -329.00 SY Asphalt Pvmt Repair Beyond Defined Width, residential $ 71.85 $ (23,637.99) $ (23,637.99)1 1 39* 02411570 1203.18 SY 3" Surface Milling $ 19.00 $ 22,860.34 $ $ 22,860.34 34* 32010400 1032.80 LF Temporary Asphalt Paving Repair (Trench) $ 64.00 $ 66,099.20 $ $ 66,099.20 40* 3212 0303 1440.00 SY 3" Asphalt PVMT Type D $ 26.76 $ 38,534.40 $ $ 38,534.40 Sub Total $ 127,493.94 $ (23,637.99) $ 103,855.95 An agreement between city & developer, whereby each will pick up 1/2 of the cost minus the cost of pay item 37 below (paid by developer) $ 63,746.97 37* 3216 0101 486.40 LF Remove & Replace 6" Conc Curb & Gutter $ 53.50 $ 26,022.40 City expects $63,746.97 for the above pay items minus the curb replacement cost that the developer agreed to shoulder, the net to be expected from developer is $63,746.97 - $26,022.40 or $37,724.57 FIA Dollar amount expected from developer (including the additional 25% per CFA $ 47,155.72 ordinance)