Loading...
HomeMy WebLinkAboutContract 47918 _ay snRETARY CONDITIONAL WAIVER -"ON71 ►CT N0. ._.. For Sidewalks Related to Replat of F&R Distillery Property THIS AGREEMENT is by and between Bourbon House, LLC, hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as "City". WHEREAS, Developer, is the owner of Lot 1, Block 1 of Firestone & Robertson Distillery Addition, an Addition To The City Of Fort Worth, Tarrant County Texas, Being a Replat of Block 5, Glen Garden First Filing, and a Portion of Blocks 2 & 3 Trueland, Second Filing, and Golfers Street, Jennie Street, Bundy Street as Abandoned by City Ordinance No. 22232-05-2016 (the "Property"); and WHEREAS, the City Subdivision Ordinance requires that sidewalks be constructed adjacent to all public streets along the Developer's Property frontage except as provided in the City's Policy for the Installation of Community Facilities as it relates to sidewalks ("Sidewalk Policy"); and WHEREAS, the Sidewalk Policy allows for a waiver from construction of certain infeasible sidewalks at the discretion of the Director of Transportation and Public Works; and WHEREAS, conjunctive with submitting its plat application (FS-15-254), Developer requested a waiver from the Sidewalk Policy, which City denied in part; and WHEREAS, the City and Developer mutually agree that construction of certain sidewalks adjacent to the Property is feasible and construction of certain other sidewalks is infeasible and will be waived; NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: I. Sidewalk Policy Waiver The City herein grants, and Developer agrees to, a conditional waiver of the Sidewalk Policy. Sidewalk construction on the following streets shall not be required of the Developer: • Along Glen Garden Drive frontage • Along Glen Garden Ave frontage • Along Mitchell Blvd frontage • Along Eastline Dr. frontage (from Fairway Dr. to Timberline Dr) • Along Fairway Dr. frontage (from Old Mansfield Rd to Timberline Dr) • Along Old Mansfield Rd. frontage (existing sidewalks to remain in as-is condition) • Along Bendry St. frontage (from Fairway Dr. North to cul-de-sac) ll. Developer Commitments a. Developer will construct public sidewalks along Timberline Drive from Bendry Street west to the property line. The sidewalk on Timberline Drive shall be constructed to City of Fort Worth standard construction specifications. b. Developer will construct public sidewalks along Bendry Street from Fairway Drive to Timberline Drive. The sidewalk section along Bendry Street may be constructed in a rural type cross- section without a curb-gutter component. The following requirements pertain to the sidewalk along Bendry Street: OFFICIAL RECORD n CITY SECRETARY FT. WORTH,TX • The existing width of the roadway must be maintained with a continuous constant edge line — it cannot meander as the sidewalk deals with obstructions. • Wheel-stops or other suitable devices can be used if approved by the City. • The developer must submit a design for the sidewalk and it must be approved by the City as would be normally required for improvements in the public way. The improved facilities must meet all accessibility standards as well as other City design standards. • The current drainage pattern must be maintained or improved. • The sidewalk width must be a minimum of 5 feet. • The material between the edge of the street travel way and sidewalk must be such that drainage is maintained and maintenance efforts are minimized. C. Developer will execute a Community Facilities Agreement ("CFA") with the City for Developer's installation of the sidewalks described herein and further illustrated in Exhibit A. d. Developer shall not seek nor will the City issue a certificate of occupancy ("CO") for any structure or improvements that may be constructed on the Property pursuant to a building permit, other agreement, or any other application until such time after the sidewalks to be constructed as described herein have been accepted by the City, which acceptance shall not be unreasonably withheld, conditioned or delayed. City shall use its best efforts to promptly review (within 3 business days) the sidewalks upon its receipt of notice from Owner that the sidewalks are substantially complete. The City may, in its sole discretion, accept the sidewalks prior to Developer's completion of the so called "punch list items," e.g., minor details of construction or decoration or structural adjustments which do not substantially interfere with the use of the sidewalks. e. Developer will, concurrently with the execution of this Agreement, tender to the City $245,000 and execute the Future Improvements Agreement, in substantially the same form as which is attached hereto as Exhibit B, with the City to use Developer's funds for the construction of certain other sidewalks, which shall be constructed by the City pursuant to the terms thereof. III. City Commitments City agrees to apply the Future Improvements funding to construct sidewalks from the Developer's southwestern property line adjacent to Timberline Drive along Timberline Drive to Old Mansfield Road, as illustrated in Exhibit A, as soon as practicable after execution of the Future Improvements Agreement and receipt of the specified amount from Developer. IV. Other Items a. City and Developer each agree to act in good faith to perform all obligations contained herein. b. City further agrees to immediately remove all holds on permits/plats related to sidewalk construction on the Property with the understanding the Developer will perform as outlined herein. c. This Conditional Waiver does not run with the land. Any change in land use or ownership requiring platting shall be subject to the city's code of ordinances and policies as they relate to development of land. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Executed by each party's duly designated and authorized representative, to be effective as of the date subscribed by the City's designated signatory. Bourbon House, LLC Ci of Fort Worth Troy Rdbertson Douglop. Wiersig Manager Director;Transportation Public Works Date: G Z/ �(� Date: Approved as to Form and Legality 9?Q)122 Douglas W Black Sr. Assistant City Attorney ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OFTARRANT § This instrument was acknowledged before me on by by Douglas W. Weirsig, Transportation and Public Works Director of the City of Fort Worth. GIVEN UNDER MY HAND AND SEAL OF OFFICE this? day of 2016. LETICIA A AZOCAR N blic, State of Texas NoWyto# 128658656 My Con l issw ExOkss M Commission expires: °'4?r a rt''� Augwt 22.2019 y © `pC, ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OFTARRANT § Before me, the undersigned authority on this day of AA, 20it personally appeared ✓'DVI R—Q10f r-- ,S0 V^ known to me to be the person whose n me is subscribed to the foregoing instrument and acknowledged to me that the same is the act of h&A !(b0 0 v-% fto P—%t _ L L G , and that he executed the same as its and as the act of such m&,ng`$tr— and for the purposes and consideration express d in the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ZJ_day of 3u—vA— , 2016. WxAshIey Eli Mi!s' AkL'-'7 U'��\Mary PNwc, Notary Pub c, State of Texas -11164C of Teaaa p res:09-03.2018 My Commission expires: 69- 03. 2.01 C� r 1 °9 T d f+Y * F 7 M ° a • f r a s _ — F EXHIBIT B FUTURE IMPROVEMENTS AGREEMENT FOR CERTAIN ASSESSMENT-BASED IMPROVEMENTS THIS AGREEMENT is by and between Bourbon House, LLC, hereinafter referred to as "Owner", and the City of Fort Worth, hereinafter referred to as "City". WHEREAS, Owner, is the owner of Lot 1, Block 1 of Firestone & Robertson Distillery Addition, an Addition To The City Of Fort Worth, Tarrant County Texas, Being a Replat of Block 5, Glen Garden First Filing, and a Portion of Blocks 2 & 3 Trueland, Second Filing, and Golfers Street, Jennie Street, Bundy Street as Abandoned by City Ordinance No. 22232-05-2016 (the "Property"); and WHEREAS, the City has adopted its "Subdivision Ordinance" (the "SO") which prescribes standards and requirement for development of land in the City; and WHEREAS, the City has adopted a "Policy for the Installation of Community Facilities" ("CFA Policy") which complements and is incorporated by the Subdivision Ordinance; and WHEREAS, the SO and CFA Policy require the installation of sidewalks when property is platted; and WHEREAS, the City's CFA Policy requires Owners of property abutting city roadways to construct or contribute a portion of the construction costs of required infrastructure, or seek a waiver therefrom; and WHEREAS, Owner sought a waiver from the sidewalk requirement, said waiver being denied in part by the Director of the Transportation and Public Works Department; and WHEREAS, Owner and City have concurrently entered into a Conditional Waiver related to sidewalk installation, to which this Agreement's form is an exhibit; and WHEREAS, the Property lies in the immediate vicinity of the Improvements (as hereinafter defined). NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. The City shall construct (or cause to be constructed) sidewalks from the Owner's southwestern property line adjacent to Timberline Drive along Timberline Drive to Old Mansfield Road and other appurtenances in connection therewith being referred to herein as the "Improvements" provided adequate public funds are available, abutting properties develop, or construction is found to be necessary by the Director of Transportation and Public Works. The scope of the Improvements are shown on Exhibit "A", attached hereto and incorporated herein. 2. Owner has paid to the City the sum of Two Hundred Forty Five Thousand Dollars ($245,000.00), such amount being hereinafter referred to as the "Future Improvements Funds", which Owner and City agree is the entire amount of Owner's contribution for the cost to construct the Improvements. By accepting the Future Improvements Funds and by execution of this Agreement, City agrees that the Owner and any successor owner of all or part of the Property will have no obligation whatsoever to pay any amounts in addition to the Future Improvements Funds or take any further action with regard to the construction of the Improvements, as defined above, even if (a) the actual costs to construct the Improvements exceed 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 otherwise, or (d) the costs or scope of the Improvements change for any reason. 3. This Agreement shall be binding upon and inure to the benefit of the City and Owner and their respective successors and assigns. 4. Owner is in the process of developing the Property. Owner has deposited the Future Improvements Funds with the City for the Improvements, such Improvements being necessitated in part by the additional demands that the development of the Property will be placing upon Timberline Drive and being roughly proportionate to the impact of the proposed development in said area, and fairly represents the Owner's proportional share of the cost of the Improvements. Owner waives any right to claim or assert that the Future Improvements Funds are not roughly proportionate to the impact of the proposed development, or do not fairly represent the Owner's proportional share of the cost of the Improvements as a result of the additional demand created by the development of the Property. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Executed by each party's duly designated and authorized representative, effective as of the date subscribed by the City's designated signatory. BOURBON HOUSE, LLC: CITY OF FORT WORTH By: Troy R6bertson Jesus J. Chapa Manager Assistant City Manager Date: 4 Zl lf.- Date: tow'd `4 Recommended By: Dou W. Wiersig Dire r, Transportation a d Public Works Department APPROVED AS TO FORM ATTEST: I" A - Douglas W Black Mary J. r Sr. Assistant City Attorney City Secretg A10 14tq-C, o� FORT 0 °;0 v ° ° 00000�° * XA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jesus J. Chapa, Assistant City Manager for the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �,4 day of ��u , 2016. Notary Public, State of Texas My Commission expires: `dOtiPR�,!'4e4 LINDA M. HIRRLINGER Utz Notary Public, state of Texas qe.... +P Comm, Expires 02-02-2018 ori ° Notary""""" V ID 12414474-6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared �r'D!f F-6100- 'S ovi , known to me to be the person whose name is subscribed to the for going instrument, and acknowledged to that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z day of Ji&a o, 2016. Ashley Elise Miles Notary Pub c, State of Texas \Marr ftMk. Seale of Texas ExOres:09-03-2018 My Commission expires: