Loading...
HomeMy WebLinkAboutContract 48638 CITY SECRETARY /^ CONTRACT NO. U% FUTURE IMPROVEMENTS AGREEMENT WHEREAS, the City of Fort Worth ("City") has incorporated a "Street Proportionality Study" (the "SPS") which describes the impact of development to the City's roadway infrastructure; and WHEREAS, the SPS includes the development of Golden Heights Road from Harmon Road for a distance of approximately 583 feet, (said roadway being referred to herein as the "Improvements") (Exhibit"A" attached); and WHEREAS, the City's Policy for Installation of Community Facilities requires Owners of property abutting proposed or underdeveloped city roadways to construct or, upon request of an Owner, contribute a portion of the costs of the Improvements for future construction of same by City; and WHEREAS, Harmon Fund, L.P., a Texas corporation ("Owner"), is the owner of Lot 1, Block 1, Harmon Senior Villas (the "Property"), consisting of approximately 8.899 acres and bordering the Improvements; and WHEREAS, Owner has requested that City rather than Owner construct the Improvements and City has agreed, subject to the terms of this Agreement; and WHEREAS, Owner agrees to contribute its share of the Improvements to the City. NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. The City may construct (or cause to be constructed) the Improvements provided public funds are available, abutting properties develop, or construction is found to be necessary by the Director of Transportation and Public Works. 2. Owner will pay has to the City the sum of$80,000.00, at the issuance of building permits, such amount being hereinafter referred to as the "Escrow", which Owner and City agree is the entire amount of Owner's contribution for the cost to construct the Improvements. By providing the Escrow, Owner agrees: (a) this payment to the City is an assessment contemplated under Chapter 313 of the Texas Transportation Code; and OFFICIAL RECORD Project Name CITY SECRETARY CFA# Date FT.WORTH,TX (b) the amount of special benefit and enhanced value to Owner's property resulting from construction of the Improvements is equal to or greater than the amount of the Escrow, and (c) to waive the rights granted to Owner in Chapter 313 of the Texas Transportation Code to contest or appeal the assessment. By accepting the Escrow and by execution of this contract, 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 Escrow or take any further action with regard to the construction of the Improvements, even if(a) the actual costs to construct the Improvements exceed the costs expected by the City as of the date of this contract; (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. Owner and City agree that the terms of this agreement eliminate the need for a public hearing and issuance of notices as required by Tex. Transp. Code §§ 313.047-.048. 4. This agreement shall be binding upon and inure to the benefit of the City and Owner and their respective successors and assigns. 5. Owner is in the process of developing the Property. Owner has deposited the Escrow with the City for the future Improvements, such Improvements being necessitated in part by the additional demands that the development of the Property will be placing upon Golden Heights Road and being roughly proportionate to the impact of the proposed development along said roadways, and fairly represents the Owner's proportional share of the cost of the improvements to Gold Heights Road. Should any claim be raised by Owner or Owner's successors-in-interest or assigns that the Escrow provided for herein is not proportional to the impacts of the development pursuant to Tex. Loc. Gov't Code sec. 212.904, its successor-statute or any constitutional provision, Owner expressly agrees that the City Council and any reviewing court may rely upon the statements in this Agreement in considering relief under such claim. Owner further waives any claim that Owner's contribution in Escrow provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex. Loc. Gov't Code chapter 395. EFFECTIVE as of the date last executed by a Party hereto. Project Name CFA# Date CITY OF FORT WORTH Jesus Chapa Assistant City Manager Date: .,-? ''.,?-7"? Recommended by: Tra ortation& Public Works Department DougW. Wiersig, P.E. Direr r Approved as to Form&Legality: Doug as W. Black Assistant City Attorney M&C: 4A Date: Form 1295: for AT FART y J. Kayser ..� City Secretary Project Name CFA# Date OWNER: Harmon Fund, LP A Texas limited partnership AT Harmon GP, LLC A Texas limited liability company, Its General Partner AMTEX Multi-Housing LLC A Texas limited liability company, Its ember Aijun Nagarkatti, President Project Name CFA# Date 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 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 day of (O ,201-7 rrr 10 LINDA M. HIRRLINGER o4 Public, State of Texas Notary Public,State of Texas 3 ; Comm.Expires 02-02-2018 My Commission expires: Nolary ID 12414474.6 LINDA M. HIRRLINGER Notary Public,State of Texas Comm,Expires 02-02-2018 Notary ID 12414474-6 Project Name CFA# Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r.��.r�rrrw,-•A.-A,�r.F-K".cl'.c�.�C?'_.FK`.�<-Y,M.�P,c-C.c^!".c(`�-•n-�w,F.P,FIv-�.r��.-fir.�t,�.i�^.et.�^.rte n^c't"�t.ft a-e ct .�t.t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ( ) County oflcS �r,��les ) r On L i� v ._ rTI before me, � iV) Date Here Insert Name and Title of the O icer personally appeared ��� i716 Name(vof Signer( who proved to me on the basis of satisfactory evidence to be the person�) whose name) is/fie subscribed to the within instrument and acknowledged to me that he/ a/thy executed the same in his/*/th�ir authorized capacity(ie�),and that b his/her/their signature( ) n thbinstrument the person, or the entity upon behalf of which the personracted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and torr ct. SHERI D.WILHELM WITNES m d n, offida seal. Commission #2013862 j 7 a=-:i Notary Public-California z Z �' `' Ventura County > Signature My Comm. Expires Apr 2,2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association -www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT A ieaque nail & perkins CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST GOLDEN HEIGHTS IMPROVEMENTS FOR MARMON SENIOR VILLAS SERVICE AGREEMENT [PATE:Jawsuary 10,2017 TNP Job Number.AML 16051 OWNER.Harmors Fund,L.P. GOLDEN HEIGHTS,IMPROVEMENTS ITIM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT NO. COST TOTAL 1 6'Cc4x Curb and Gunter 503 LF UG-06 =,320.00 2 4'Conc Sidwwalk 583 LF 25-00 3 Street ffghtMg 3 EA SUBTOTAL-1 $56, 00 CONI114GENCY 11 50A,): '"Aw-Do ll'kGINEERING,CaEOTECJ-MICAL&SURVEYING SERVICES $12,00-000 MOBILIZATION(5%): $3,ODO-00 TOTAL: $s4doo4.00 Project Name CFA Date