Res 028-2025 Development Agreement with 7Crew Enterprises for Construction of an Additional Turn Lane 03/18/2025 Resolution No. 28-2025
Resolution approving a development agreement with 7Crew
Enterprises, LLC related to the construction of an additional turn
lane on Piedmont Place and Kemp Boulevard
WHEREAS, the City Council and 7Crew Enterprises, LLC, desire to enter into a
development agreement to allow for a public/private partnership to facilitate commercial
construction in the city; and,
WHEREAS, the proposed development agreement would allow for the
construction of needed traffic improvements to facilitate not only the traffic generated by
a new 7Brew location but also current traffic at the intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The approval and funding of the following programs and expenditures as
described below are approved:
• A public/private partnership agreement to allow for the construction of a turn lane
on Piedmont Place at the developer's cost to facilitate current and new traffic at
the intersection with Kemp Boulevard.
• The City would be responsible for the relocation of the eastern traffic signal mast
arm pole.
• Expenditures for the relocation of the traffic signal will not exceed $30,000.
2. The Interim City Manager is authorized to execute this agreement in a form
approved by the City Attorney.
PASSED AND APPROVED this the 18th day of March 2025.
cy
MAYOR
ATTEST:
0 ilA.A__/- c
City Clerk /
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DATE PRODUCED:7 March 2425
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DEVELOPMENT AGREEMENT
BETWEEN 7CREW ENTERPRISES, LLC AND THE CITY OF WICHITA FALLS
This Development Agreement ("Development Agreement") is made as of this
day of ; 2025 between 7Crew Enterprises L.LC, a Texas limited liability
company ("7-Brow") and the City of Wichita Fails ("'CWF").
WHEREAS, RS WIC FAL TX 7B1 LLC. a Texas limited liability company CRS")
has entered into a certain Contract of Purchase and Sale (Purchase Agreement") to
acquire a 4 - .77-acre tract of real properly located in the City of Wichita Falls Wichita
County., Texas, as depicted on Exhibit A attached hereto, (tlre "Property") and
Whereas 7-Brew has entered into a Groan': Leos'_' Agreement :gilh f=S as
landlord, and 7-Brew as tenant granting Erc' 'f'osf'llold f' ;I_;_al_i=' '1 {_I''i=' F'rnr'f_'r"_'y
WHEREAS in connection with 7-Brew's planned de",;f_lapmcnt of the Property into
a coffee shop development (the ''Development' ) C;'i,'F and 7-Brew li,rr_'r that certain
improvements to the adjacent right-of-way commonly known as -Piedmont Place" are
necessary to support the increased traffic anticip,al.r'ii ,as a result of +.Iac' De elopi'Grit.
such work being more particularly described in E>:3iiLail. • B' and
WHEREAS. subject to the conditions set forth herein 7-Brow will construct a
dedicated right turn lane on the north-side of Piedmont Place to include the associated
drainage improvements and utility relocations if required (as defined below and
collectively referred to herein as the "Improvements"); and
WHEREAS subject to the conditions set forth herein. CWF will relocate the
northern traffic signal at the intersection of Kemp Boulevard and Piedmont Place: and
all required relocation of all necessary infrastructure related to the operation of the traffic
signal. and
NOW.. THEREFORE for and in consideration of the mut'.l-.al lrrcir'lir,r and
agreements contained herein. the parties hereto do hereby agree as iollo':r
I. 7-Brew Duties
7-Brew agrees to provide the engineering design, permitting I and
colastraction of the r•iprovements aL; further specified in ° 1 . a
di :7-Bre',', it il ; r;i.il r.w experrr;'.' l i,iii construct a di''Iicated rcrl ll. Min
ri
I one on the north-side of Pir,ia'v.:onl. Place to include the aL.3. ec iatf,;i
drainage In!prnyF'rn+_'rlr..`= and utility relocation`_, f regl.11ri_'d
II. CWF Duties
2
1. CWF will at is sole expense relocate the northern traffic signal at the
intersection of Kemp Boulevard and Piedmont Place, and all required
relocation of all necessary infrastructure related to the operation of the
traffic signal
Ill. Permits and Governmental Approvals. C`v'JF hereby :Acknowledges that
none of the obligations of 7-Erey,v c +- forth herein shall he c',nidi'r i against
7-Brew until such tame as 7 E°rr_s t:ct° lip and po',e re gi permits and
obtain_ all neco,_car, cievc'rnr°it nt:o1 .clppro.Jals in connection with the
NotwitIvAanding anything to the r orrI-r._tnr contained herein.
CWF agrees that not.ciths;toonding it is exr,rr_- I'i., agreed that nothing
contained in this; Dec eloprnent Agreement. rolloll he construed to contain a
co r_n_aril either e.:l,rr_`_`_r_1 or Ir•-Ipl ied to eitn,-_•r commence i.he
cone_r..rl ction ei a building or the operation of cl ,..rcint ss or thcreoiter
continuously onr_•rite _r turidrins err urn Frepe_,rt,; r:VIF further agrees that
none of the obligations of 7-Brew. r;d. t forth hert..' n be binding againr;t
7-Brow if RS fails to acquire tirr. Property pursuant to the Purch:i°;r�
Agreement
IV. License and Temporary Easement to Construct. CWF hereby grants 7-
Brew, 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 otlic,r I_iiir _r;i_s ire _c,s5OP
to construct the mprovements
V. No Improvement District or Special Assessments. CFW shall riot
create a special assessmerat district for the purpose of •_Hto. ;slii{:i
Improvements 7-Brew is constructing ,_'!_!rso11r-0 to the terms or tills
Development Agreement 7-Brews LerrsI_'!_!i_tiLin of the 'eproveeserll_`_z as
set forth herein represent the maximum II_ Nlity of 7-Ere',v to fund and pay
for such improvements.
VI. Dedication and Acceptance. Subject to all of the other provisions of this
Development Agreement and any exhibits hereto attached; to the extent
any of the Improver-rents constructed pursuant to this Development
Agreement are not considered already owned by C'^WF 7-Brew shall upon
completion of any public improvements contemplated herein,
unconditionally give, grant, convey and fully dedicate such improvements
to CV F its successors and assigns All such improvements and perpetual
maintenance thereof will be accepted by CWF according to C'WF's
standard specifications and otherwise in compliance with Slate law
VII. Term. This Agreement shall immediately terminate when each Party
completes its duties as set forth in this Agreement
VIII. Insurance and Bond
a) 7-Brew or its contractor shall maintain commercial general liability
irlsuralnce in an amount or S500,000 per occurrence. Current insurance
certificates shall remain on file with OAT during the term of this
Development Agreement Policies shall provide ONE with a minimum of
thirty (30) days" notice cancellation, non-payment of premium, or non-
renewal The policy shall name and cover COIF as an additional insured
on liability insurance policies except for employer's liability and include El
waiver of subrogation in favor of MT.
b) 7-Brew shall furnish and maintain with CWF performance bonds in
accordance with Texas Government Code Chapter 2255 in the amount of
the cost of the Improvements. All bonding companies shall be listed an the
U.S. Treasury list of approved sureties.
IX. Venue This Development Agreement shell 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 of Texas.
X. Governmental Function Clause_ 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.
XI. Contractual Damages Limitation Clause. All parties agree that
damages in this Development Agreement are limited only to those
authoriLed under Texas Local Government Code Section 271 153
Specifically CWF is riot liable for consequential damages or exemplary
dar''lcicles
XII. Verification.
I, (authorized official) Kendra Burris 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 comptlrl_y reamed below
1) does not boycott Israel currently; and
4
i v ill not boycott srt)eI during the term at the contract; and
) is not crirrer711y listed on the State of Texas Comptrollers Companies
that Boycott weal List located at
https iiconiptroller.texas gov/purchasing/publicationsidivestment.php
7Crcv,• Enterprises LLC
Company Name
KefrV.:"Z
Signature of , ull1oriLcd Official
Chief Executive Officer
03/10/2025
Title or AullloriLcd Official Date
Executed this day of 2025
7Crew Enterprises, LLC, a City of Wichita Falls
Texas limited liability company
By . By
City Manager
Printed Name Kendra Burns
Title: Chief Executive Officer
Attest
City Clerk
Approved as to form
City Attorney
6
EXHIBIT A
Property Depiction
Lct is
LO- 21. E.L(.2GK. 11. SOUTH SIDE ADDITION. AN ADDITION T HE CITY OF W'ICHITA FALLS,
E`s:iti:3. ACL;L.11DINC: L. HE 1'L..' 01- REGL..11L1 IN VOLUME, 3. I'.AUE 17,
';'uIL;HI L;L:i_irHl .} I'LI, I;ECC:I,LI.:;.
Lot 2:
THE'lrvbL. FEET OF Lc... 20. BLOCKt . H!:=.ILIE ...UL11 IL..N TO THE CITY OF WiCHITA FALLS,
I'LT., .''SND DEL)IL;I, I(_:rl UT, EL] r-lf..) L:u OF RECORD IN VOLUME 3,
I'f..L:E I'L... I;E(_;(_:I:L]L. L:F ','rICHI";', CL.•L'rNN .} EXAS,TO't,HIL;H IEFERENCE IS HERE MADE,
•L �_ L]E •L;1 IE.EL) :, . HE Ef 0 FEE ELOCI; ' L.2I- HE SHEPPARD ESTATES
HE GI '7 L:F %.: IL;HI F:'.LLL ';'.ICHI;ACOUN;Y, ;ERAS, HEL;L:HDED IN VOLUME 3,
I'ACE ":.L ,'VIL;HI [;L:1_11"Hl .} I'L
Lot 3:
LO'" 2.A., BLOCK SHEI'1'2"-,I:L] EL• EL.:.UUI I[_:fl .2".d1 I,UUI IL.•N-0 HE CI'YOF';'°rIL;HI FILLS,
WICHIVA COUN "7 Er:l. :',[_;[_;f_:I;Lllfl(_: (_: HE I'1_ L:F I;EL;L:I;L} IN .'L:L'_'r•IE _o I':'..L:E 12.9,
WICHI•VA COUN Y I•'L
EXHIBIT B
General Project Description
Construction of a dedicated right turn lane on the north-side of Piedmont Place. to
include the associated drainage improvements and utility relocations if required and
subsequent relocation of the northern traffic signal it the intorsoction of Temp
Boulevard and Piedmont Place, and all required relocation of all necessary
infrastructure related to the operation of the traffic signal.
Tfio construction of this roadway will also conform to the standards and specifications
as outlined in the adopted City Ordinances and Design Standards.
All final plans and construction will Lio approved and accepted by the City of Wichita
Falls Public Works Engineering Division and will be compliance with the designed plan
and local standards.
Wichita Falls - Developmet Agreement - 7Brew
and CWF - Turn Lane and Traffic Signal
Improvments 03 1025 7CE Revisions (Final
Version)
Final Audit Report 2025 '
C•eafad: 2025-03-10
By: Aubrey Siuler(aaorey:277=- r,.
Slates: Signed
CBJC-1_ . . _ .. -
"Wichita Falls - Developmet Agreement - 7Brew and CWF - Turn
Lane and Traffic Signal Improvments - 031025 7CE Revisions
Final Version)" History
• Loam-lent created by Aubrey'Ottrner iaLrbre, t ' rev, con)!
202.1-,-o2-'.i-10:57:17 PM GMT
Docur�cnt crr•tailet_l to KOndr.t t';Lirr s rkenrira.:{icres: _orti for denature
_.-5210
[=Flail sent to anrlrerr:"redsky holdings.co bounced and could not be delivered
2_20-03-10-10:57:27
Email viewed by Kendra Burris(kendra@l7crew.cam)
2025-03-10-11:20:59PMGMT
Document e-signed by Kendra Burris(kendra@7crew.can)
Signature Dais:2025.00-11-0:06:42 AM GMT-Time Source:serve-
Agreement completed.
2025-0 3-11-0 fl6:42 AM GMT
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