HomeMy WebLinkAbout065469 - Construction-Related - Contract - D.R. Horton - Texas, Ltd.CSC No. 65469
DEVELOPER FUNDING
AGREEMENT FOR
ROADWAY IMPROVEMENTS
AVONDALE HASLET ROAD
THIS AGREEMENT is by and between D.R. Horton — Texas, Ltd. hereinafter referred to as
"Developer", and the City of Fort Worth, hereinafter referred to as "City".
WHEREAS, Developer, is the owner of land south of Avondale Haslet Road, east of Sendera
Ranch Blvd, and west of BN&SF RR within the City of Fort Worth, Tarrant County Texas, as depicted on
Exhibit A attached hereto (the "Property"); and
WHEREAS, Avondale Haslet Road improvements will be constructed by the City of Fort Worth
via a planned City Project (City Project No. 101014) ("Avondale Haslet Road"); and
WHEREAS, Developer is required to install drainage, water, and sewer facilities in or adjacent
to the Avondale Haslet Road Project to serve the Property; and
WHEREAS, the Developer intends to develop the Property subsequent to the City constructing
the Avondale Haslet Road Project and, to facilitate development of Developer's property and avoid
damaging a newly constructed Avondale Haslet Road, Developer has requested that the City modify its
Avondale Haslet Road design and construct the roadway modifications as part of the City Project.
Exhibit B depicts the additional work to the project. There will be Traffic Signal improvements at the
intersection of Avondale Haslet Rd and Wagley Robertson Rd as well; and
WHEREAS, Developer will make a contribution to the City in the amount of $887,490 (the
"Development Contribution") comprised of $797,490, the estimated cost for construction of transportation
infrastructure improvements as further depicted on Exhibit B; $90,000, the estimated cost for engineering
design of the transportation infrastructure improvements as depicted on Exhibit C, and
WHEREAS, Developer in addition to the Development Contribution will make a one-time
contribution ("Traffic Signal Contribution") to the City in the amount of $242,080, the estimated cost of
Developer's share of the funds necessary to design and construct the Traffic Signal improvements at the
intersection of Avondale Haslet Rd and Wagley Robertson Rd intersection as further depicted on Exhibit D,
Exhibit E, and Exhibit F; and
WHEREAS, City will provide transportation impact fee credits for the transportation impact fee
eligible infrastructure improvements that are paid for by the Developer; and
WHEREAS, Developer will dedicate the right-of-way to the City to construct the roadway
improvements within public right-of-way as further depicted on Exhibit B, the City will provide
transportation impact fee credits for right-of-way dedicated on Avondale Haslet Road; and
WHEREAS, after a final accounting of the costs to install roadway improvements, if any
additional amount is owed for the design or construction, 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1.
Developer will provide to City the amount of $1,129,570 comprising of the Development
Contribution amount of $887,490 and Traffic Signal Contribution amount of $242,080 for the estimated
cost of design and construction of the roadway and traffic signal improvements concurrent with
Developer's execution and return of this Agreement.
2.
The Development Contribution is an estimate of Developer's obligation for its costs related to
the improvements described herein. If any cost overages are due City for the design or construction,
Developer shall remit same to City within forty-five (45) days of receipt of a request for same
accompanied by proper documentation; likewise, if any credit or refund is due Developer at the
completion and final accounting of improvements, same shall be refunded by City to Developer.
93
The Traffic Signal Contribution is an estimate of Developer's obligation for its costs related to the
Traffic Signal improvements described herein. By accepting this one-time Traffic Signal Contribution fund
and execution of this Agreement, City agrees that Developer will not have any further obligation to pay any
amounts for the Traffic Signal improvements or take any further action with regard to the construction of
the Improvements, even i£ (a) the actual costs to construct the Traffic Signal improvements exceeds the
costs expected by the City as of the date of this Agreement; (b) the specifications, composition, or other
characteristics of the Traffic Signal improvements hereafter change for any reason; (c) a mistake has been
made (mutual or unilateral) in computing the costs of the Traffic Signal improvements; or (d) the costs or
scope of the Traffic Signal improvements change for any reason. No refund of any balance of the Traffic
Signal Contribution funds shall be made by City to Developer.
4.
City will use its best reasonable efforts to perform this Agreement without undue delay.
5.
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.
6.
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.
7.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other Parry, its agents, employees, servants or
representatives, (2) delivered by electronic means with confirmation of the transmission, or (3) received
by the other Parry by United States Mail, registered, return, receipt requested, addressed as follows:
City of Fort Worth
Attn: Jesica McEachern, Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102-6311
Email: Jesica.McEacherngfortworthtexas. og_v
D.R. Horton — Texas Ltd.
Attn: Justin Bosworth, Assistant Vice President
6751 North Freeway
Fort Worth, Texas 76131
Email: josworth@drhorton.com
With Copy to the City Attorney.
Executed by each party's duly designated and authorized representative; effective as of the date subscribed by the City's
designated Assistant City Manager.
CITY OF FORT WORTH, TEXAS:
By:
Jesica McEachern
Assistant City Manager
Date: 07/03/2026
APPROVAL RECOMMENDED:
De..�....7��
By: Lauren Prieur (Jun 25, 2026 17:28:38 CDT)
Lauren Prieur
Director Transportation and Public Works
APPROVED AS TO FORM AND LEGALITY:
)99
By: Douglas Black (Jun 26, 2026 10:29:13 CDT)
Douglas W. Black
Senior Assistant City Attorney
CONTRACT AUTHORIZATION
M&C: 26-0173
�44
goer °na
ATTEST:
By: U
Jannette Goodall
City Secretary
D.R. Horton — Texas, Ltd.
Justin Bosworth
Assistant Vice President
Date: 06/17/2026
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.
By. Mitchell Aiton War 16. 20261656:05 CDT1
Mitch Aiton, P.E.
Senior Professional Engineer
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
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Exhibit D
Estimated "Traffic Signal Contribution" Total Costs
Engineer. HDR
Date: 3/312025
Prepared By: Yevor Yotov, PE
City of Forth Worth
Nance ranch Modifications - Signal Estimate
SIGNAL OPINION OF PROBABLE CONSTRUCTION COST ESTIMATE OPCC
$489,105
SIGNAL RESIGN ENGINEERING FEE
$40,000
SUBTOTAL
$529,100
ROUGH PROPORTIONALITY SHARE 36.6%
$193,660
MULTIPLIER 1.25
$48,420
TOTAL
$242,080
Nate: One Traffic Signal location assumed
NOTE: ROUGH PROPORTIONALITY SHARE SHOULD BE 36.6%, SEE BELOW:
Development Only Trips
Names iD N205BL NIT NBR NBU 58L 587 SIR SBU 11L EBT EBR EBU WBL WBT WBR WBU Total Trips
Avondale -Haslet at OnveA 5 0 548 0 0 0 0 0 0 64 191 0 510 68 01 01 1587
edigrwrid Plus Dev Trips
Names JID JNBL INJIT N811 N8U SBL B87 M ISBU 11L EBT EBR 18U WBL W8T WBR rWBU Total7rips
Avondale -Haslet at DrlveA 5 205 0 598 0 0 0 ul 0 0 1574 191 0 510 1306 u0r 4333
1587/4333= 36.63%
ROUGH PROPORTIONALITY SHARE (36.6%) = $193,660.00
MULTIPLIER (1.25) = $48,420.00
TOTAL = $242,080.00
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City of Forth Worth
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M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 3/10/2026 REFERENCE **M&C 26- LOG NAME:
NO.: 0173
CODE: G TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
F0 RTWO RT I
20AVONDALE HASLET -
DEVELOPER
CONTRIBUTION DH
NO
SUBJECT: (CD 10) Authorize Execution of a Developer Funding Agreement in the Amount of
$1,129,570.00 with D.R. Horton - Texas, Ltd. for the Purpose of Design and Construction
of Intersection Improvements at Avondale Haslet Road and Wagley Robertson Road
(2022 Bond Program), and Rescind the Authorization Granted in M&C 25-1135 to
Execute a Developer Funding Agreement with Beaten Path Development, LLC
RECOMMENDATION:
It is recommended that the City Council:
Authorize execution of a Developer Funding Agreement in the amount of $1,129,570.00 with
D.R. Horton - Texas, Ltd. for the purpose of design and construction of intersection
improvements at Avondale Haslet Road and Wagley Robertson Road project (City Project No.
101014); and
Rescind the authorization to execute the Developer Funding Agreement with Beaten Path
Development, LLC as granted in Mayor & Council Communication 25-1135 .
DISCUSSION:
The purpose of this Mayor & Council Communication (M&C) is to authorize execution of a developer
funding agreement ("DFA") with D.R. Horton -Texas, Ltd, instead of Beaten Path Development, LLC,
with whom the DFA was previously authorized jM&C 25-11351.
On December 9, 2025, the City Council approved M&C 25-1135 authorizing execution of a Developer
Funding Agreement with Beaten Path Development, LLC to fund the design and construction of
developer -initiated intersection improvements on the Avondale Haslet Road project. Unbeknownst to
staff at the time, Beaten Path Development LLC had sold the development project to D.R. Horton -
Texas, Ltd. The DFA with Beaten Path Development was never executed. D.R. Horton - Texas, Ltd.
has confirmed that it desires to have the same improvements described in M&C 25-1135 constructed
on the same terms.
Nothing in this M&C is intended to alter Recommendations 2-4, the Discussion, or Fiscal
Information/Certification in M&C 25-1135.
The project is located in COUNCIL DISTRICT 10.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this M&C will have no material effect on city funds.
Fund Department Account Project Program Activity Budget I Reference # Amount
ID I I ID I I I Year I IChartfield 2)
Fund I Department I Account I Project I Program I Activity I Budget I Reference #
Amount
http://apps.cfwnet.org/council_packet/mc review.asp?ID=34216&councildate=3/10/2026 3/16/2026
M&C Review
Page 2 of 2
Submitted for City Manager's Office by:
Originating Department Head:
dditional Information Contact:
ATTACHMENTS
Year
Jesica McEachern (5804)
Lauren Prieur (6035)
Monty Hall (8662)
hartfield
20AVONDALE HASLET - DEVELOPER CONTRIBUTION DH FundsAvail.docx (CFW Internal)
M&C Map AvondaleHaslet FutureDeveloperRoadways.pdf (Public)
MC 25-1135.pdf (Public)
Revised 101014 FID Table.xlsx (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=34216&councildate=3/10/2026 3/16/2026
FORTWORTH.
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: Avondale Haslet Developer Funding Agreement
M&C: 26-0173 CPN: 101014 CSO: N/A DOC#: N/A
Date: 3/16/2026
To:
Name
Department
Initials
Date Out
1.
Mitch Aiton
TPW - Signature
tk9
03/16/2026
2.
Justin Bosworth (DR Horton)
Developer - Signature
06/17/2026
3.
Raul Lopez
TPW — Approval
06/18/2026
4.
Lissette Acevedo
TPW — Approval
C�v
06/24/2026
5.
Patricia L. Wadsack
TPW — Approval
PLW
06/25/2026
6.
Lauren Prieur
TPW — Signature
-*L1Ip ,,,
06/25/2026
7.
Doug Black
Legal— Signature
06/26/2026
8.
Jesica McEachern
CMO — Signature
A,
07/03/2026
9.
Jannette Goodall
CSO -Signature
� " ,e�- M
07/06/2026
10.
TPW Contracts
CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW
Contracts
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, Jay 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:
El As Requested
® For Your Information
Signature/Routing and or Recording
® Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return To: Please notify TPWContracts akfortworthtexas.gov for pickup when complete. Call ext.
7233 or ext. 8363 with questions. Thank you!
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: D.R. Horton — Texas, Ltd.
Subject of the Agreement: Design and Construction of Intersection Improvements at Avondale Haslet
Road and Wagley Robertson Road
M&C Approved by the Council? * Yes 8 No ❑
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:
Expiration Date:
If different from the approval 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. 101014
*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:
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.