Res 032-2019 Agreement with OPG Maplewood Partners II, LLC 3/5/2019
Resolution No. 32-2019
Resolution authorizing the City Manager to execute a development
agreement with OPG Maplewood Partners II, LLC for the construction
of Maplewood Ave and drainage improvements as part of their
development
W
,OPGor its affiliate has the contractual right to acquire fee simple title to
HEREAS
an approximately 2.67-acre tract of real property located in the City of Wichita Falls,
W
,
HEREAS
multi-family housing facility
improvements to the adjacent right-of-
increased traffic and additional flow control and flood management anticipated as a result
of the Development; and
W
, subject to the conditions set forth herein, OPG will construct the
HEREAS
Maplewood Avenue Street Improvements, the Quail Creek Box Culverts, and the
Concrete Channel Improvements (as defined below and collectively referred to herein as
W
,subject to the conditions set forth herein, CWF will reimburse OPG for
HEREAS
a portion of the costs OPG incurs for constructing these Improvements; and
W,
this Development Agreement is being entered into under Texas Local
HEREAS
not exceed thirty percent (30%) of the total cost incurred by OPG for performing the work
and constructing the Improvements; and
W,
CWF has sufficient funds on hand and appropriated to reimburse OPG
HEREAS
in accordance with this Development Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a development agreement with OPG
Maplewood Partners II, LLC for the completion of Maplewood Ave and drainage
improvements associated with their development.
th
PASSED AND APPROVED this the 5 day of March, 2019.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
DA
EVELOPMENT GREEMENT
BOPGMPII,LLCC
ETWEEN APLEWOOD ARTNERS AND THE ITY OF
WF
ICHITA ALLS
W
,OPGor its affiliate has the contractual right to acquire fee simple title to
HEREAS
an approximately 2.67 acre tract of real property located in the City of Wichita Falls,
and
W
,
HEREAS
multi-
improvements to the adjacent right-of-
the adja
increased traffic and additional flow control and flood management anticipated as a result
of the Development; and
W
, subject to the conditions set forth herein, OPG will construct the
HEREAS
Maplewood Avenue Street Improvements, the Quail Creek Box Culverts, and the
Concrete Channel Improvements (as defined below and collectively referred to herein as
W
,subject to the conditions set forth herein, CWF will reimburse OPG for
HEREAS
a portion of the costs OPG incurs for constructing these Improvements; and
W,
this Development Agreement is being entered into under Texas Local
HEREAS
shall
not exceed thirty percent (30%) of the total cost incurred by OPG for performing the work
and constructing the Improvements; and
W,
CWF has sufficient funds on hand and appropriated to reimburse OPG
HEREAS
in accordance with this Development Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements contained herein, the parties hereto do hereby agree as follows:
I. OPG Duties
1)
a) OPG agrees to construct and shall construct at its sole expense the
Maplewood Avenue Street Improvements, as shown and described in
the Drawings and Specifications dated ____________, 2019 and
prepared by Devin G. Smith, PE, Corlett, Probst & Boyd, P.L.L.C,
Engineers Surveyors, 4805 Jacksboro Hwy, Wichita Falls, TX, 76302
Exhibit
B and incorporated herein by reference.
b) Additionally, OPG shall construct the Maplewood Avenue Street
Improvements under the following conditions:
i) all required clearing and grubbing, and
ii) excavation to line and grade, and
iii) lime stabilization of subgrade, and
iv) compaction, placement of all forms, steel rebar, concrete road and
curbs to line and grade, and
v) cleanup, and
vi) any other work and/or materials required to accommodate a new
concrete pavement surface of 48-foot width, measured face-of-curb
to face-of-curb.
2)
a) OPG agrees to construct and shall construct at its sole expense the
Quail Creek Box Culverts under Maplewood Avenue, and the Concrete
Channel Improvements as shown and described in the OPG
Specifications.
b) Additionally, OPG shall construct the Quail Creek Box Culverts,
Concrete Channel Improvements, and perform the Upstream Concrete
Transition Area Grading under the following conditions:
i) all required clearing and grubbing, and
ii) excavation to line and grade, and
iii) subgrade preparation, and compaction, and
iv) placement of all forms, and steel rebar, and
v) construction of cast-in-place concrete box culverts, headwalls,
pedestrian handrails, downstream concrete channel rip-rap,
upstream concrete transition grading, and construction, and
vi) cleanup, and
vii) any other work and/or materials required to accommodate new,
complete box culverts under Maplewood Avenue and concrete lined
channel improvements.
Permits andGovernmental Approvals.
3) CWF hereby acknowledges that
none of the obligations of OPG set forth herein shall be binding against OPG
until such time as OPG picks up and pays for all permits and obtains all
necessary governmental approvals in connection with the Development.
Notwithstanding anything to the contrary contained herein, CWF agrees that
s acquisition of the Property or any other action or
inaction on the part of OPG, it is expressly agreed that nothing contained in
this Development Agreement shall be construed to contain a covenant, either
expressed or implied, to either commence the construction of a building or the
operation of a business or thereafter continuously operate a business on the
Property.
License and Temporary Easement to Construct.
4) CWF hereby grants OPG,
its agents, contractors, successors and/or assigns, a license and temporary
construction and grading easement to enter onto property of CWF and to
regulate pedestrian and vehicular traffic to such areas during the construction
of the Improvements and for all other purposes necessary to construct the
Improvements.
No Improvement District or Special Assessments.
5) CFW shall not create a
special assessment district for the purpose of assessing the Improvements
OPG is constructing pursuant to the terms of this Development Agreement.
forth herein represent the
maximum liability of OPG to fund and pay for such improvements.
Dedication and Acceptance.
6) Subject to all of the other provisions of this
Development Agreement and any exhibits hereto attached, to the extent any
of the Improvements constructed pursuant to this Development Agreement are
not considered already owned by CWF, OPG shall, upon completion of any
public improvements contemplated herein, unconditionally give, grant, convey
and fully dedicate such improvements to CWF, its successors and assigns. All
such improvements and perpetual maintenance thereof will be accepted by
with State law.
II. CWF Duties
1) Maplewood Avenue Street Improvements
a) Upon completion of the Maplewood Avenue Street Improvements, in
accordance with the OPG Specifications, and acceptance of the
Maplewood Avenue Street Improvements by CWF, CWF shall
immediately reimburse OPG for the actual costs incurred for the North
12 feet of roadway of the overall 48-foot roadway width of the
Maplewood Avenue Street Improvements, based on actual contract bid
prices, on a square foot basis, for concrete pavement.
b) Additionally, CWF shall immediately reimburse OPG for the difference
in the cost
concrete pavement section for the South 36 feet of roadway of the
overall 48-foot roadway width, of the Maplewood Avenue Street
Improvements, based on actual contract bid prices, on a square foot
2) The Quail Creek Box Culverts, and the Concrete Channel Improvements,
a) Upon completion of the Quail Creek Box Culverts under Maplewood
Avenue and Concrete Channel Improvements, in accordance with the
OPG Specifications, and acceptance of the Quail Creek Box Culverts
and Concrete Channel Improvements by CWF, CWF shall immediately
reimburse OPG for the costs incurred for the improvements north of the
Pavement Division Line, as depicted on Exhibit C as the dashed line.
The areas to be improved as shown in the hatched area in Exhibit C
includes a portion of the Quail Creek Box Culverts and Concrete
Channel Improvements.
Term.
III. The Improvements shall be complete within one year of the date
OPG picks up and pays for all permits and governmental approvals in connection
with the Development.
Insurance and Bond
IV. .
a) OPG or its contractor shall maintain commercial general liability
insurance in an amount of $500,000 per occurrence. Current insurance
certificates shall remain on file with CWF during the term of this
Development Agreement. Policies shall provide CWF with a minimum of ten
-payment of premium, or non-renewal.
The policy shall name and cover CWF as an additional insured on liability
subrogation in favor of CWF.
b) If the total cost of the Improvements will exceed $50,000, OPG shall
furnish and maintain with CWF performance bonds in accordance with
Texas Government Code Chapter 2253 in the amount of the cost of the
Improvements. All bonding companies shall be listed on the U.S. Treasury
list of approved sureties. All bonds shall be accompanied by a valid power
of attorney authorizing the execution thereof.
Venue
V. . This Development Agreement shall be governed by and construed
according to the laws of the State of Texas, without giving effect to its choice of
law principles. The parties agree that all actions and proceedings arising out of or
relating directly or indirectly to this Development Agreement or any ancillary
agreement or any other related obligations shall be litigated solely and exclusively
in the state or federal courts located in the City of Wichita Falls.
Governmental Function Clause
VI. . All parties agree that this Development
Agreement is one wherein the CWF is solely performing a governmental function.
All parties expressly agree that the CWF is not engaging in any proprietary
functions.
Contractual Damages Limitation Clause.
VII. All parties agree that damages
in this Development Agreement are limited only to those authorized under Texas
Local Government Code Section 271.153. Specifically, CWF is not liable for
consequential damages or exemplary damages.
VIII. . If any action at law or in equity is necessary to
that Texas Local Government Code subchapter I, § 271.153(a)(3) provides that
the total amount of money awarded in an adjudication brought against a
and CWF expressly waive all statutory
pursuant to § 271.153(a)(3) and all other law.
Verification.
IX.
I, (authorized official) _________________________________, do hereby
depose and verify the truthfulness and accuracy of the contents of the statements
submitted on this certification under the provisions of Subtitle F, Title 10,
Government Code Chapter 2270 and that the company named below:
1) does not boycott Israel currently; and
2) will not boycott Israel during the term of the contract; and
that Boycott Israel List located at
https://comptroller.texas.gov/purchasing/publications/divestment.php
________________________________________________________________
Company Name
________________________________________________________________
Signature of Authorized Official
________________________________________________________________
Title of Authorized Official Date
Executed this _______ day of _______________, 20__.
OPG Maplewood Partners II, LLC City of Wichita Falls
By: __________________________ By: _________________________
Darron Leiker, City Manager
Printed Name: __________________
Attest:
_________________________
City Clerk
Approved as to form:
_________________________
City Attorney
EXHIBIT A
Property Depiction
EXHIBIT B
OPG Specifications
City Reimbursement Specification
EXHIBIT C