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Home My WebLink AboutContract 49923 CITY SECRETARLq�3 FUTURE IMPROVEMENTS AGREEMENT CONTRACT NO. 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 infiastructure; and WHEREAS, the SPS includes the development of Alta Vista Road from approximately 111.5' south of Leaf Hollow Drive for a distance of approximately 387.99 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, Lapon request of an Owner, contribute a portion of the costs of the Improvements for future construction of same by City;and WHEREAS,M&W Real Estate. LLC. a Texas corporation("Owner"),is the owner of Lot 3R2 Hinton Heights Addition(the"Property"),consisting of approximately 8.636 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 has paid to the City the sum of eighty-seven thousand eight hundred thirty and dollars and twelve cents ($87,830.12) 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 Chante.* 313 of the Texas Transportation Code;and OFFICIAL. RECORD Q. \ �� ,vim v Road CITY SECRETARY � �F°�Q ti 0 10/0212017 FT.(NORTH,TX cio`�ys� ,��' `�- , � L�� (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 t�� additional demands that the development of the Property will be placing upon Street/Roadway 9� Name 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 Street/Roadway Name. 5u bn&,' <A & 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. Alta Vista Road CFA# 10/022017 CITY OF FORT WORTH OWNER M&W Real Estate,LLC J Jesus Chapa Mike Masters Assistant City Manager Owner Date: —/T,—/7 Date: /0 -1) Recommended by: Transportation& Public Works Department D '�' (,1, 1„J Douglat W.Wiersig,P.E. Director Approved as to Form&Legality: Q02*� Douglas W.Black Assistant City Attorney M&C: Date: Form 1295: R//A * IT O,c .O A S ary . Kayser NW, y� ity Secretary oaN Alta Vista Road CFA# 10/02/2017 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the anded a thmyy, Notary Public in and for the State of Texas, on this day personally appearedA221' sisant 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 / ])(I, of 20_U. MARIA S.SANCHEZ N6tafy Public,State of Texas ;' *= My Notary ID#2256490 Expires December 19,2021My Commission expires: 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 M!ife 1!�Qc-Cf r , known to me to be the persons whose name is subscribed to the foregoing ins t ument, and acknowledged to that he executed the same on behalf of /Y1,L.,A wf /a,it 6for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE this cr�cw day of 20 t-1. %%%%selloffe�.0-� a4' Q`•'NOT�A��i�: Notary Public,State of Tues G bfP►RE EpRGIA My Commission expires: w i '17,2020 A ` `ANO N`` :1 Alta Vista Road CFA# 10/02/2017 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. 4j" , �'6 W cf" te: j I l'�- Janie S.Morales Development Manager EXHIBITS Alta Vista Road CFA# 10/02/2017 Keifer Hcka ft ph-1 Lexington Place Texas Health Gulden Tnajigt& nlatr Harris Methodist... PROJECT LOCATION Mi—.0001 rt vtrue��,17, X 01exra@ale Rd 7Rd to Wall Prke Kelfe go 7,ecel F1k*v S2 4r� Mirage Dr Alliance Town Center -Walr ur N.T.S. MAPSCO NO. 22-P COUNCIL DISTRICT 7 SE-'-F',IBER2017 aWT H o m ALTA TA VISTA BUSINESS PARK VICINITY MAP PHONE-1111 RTI '121. .T,. `NORTH, F-9435 MJTNO.- 678-mi _ I I P I m I I I II I I 50' BL\ I I 30' LANDSCAPE BUFFER I I I I I I I I 66� l L--------------J I I rt----- 3 9£,81.00 S ,10'£0Z -1-- rt 1-4 n (oU) `. SCALE 1"=40' O FEET n — 20 40 80 WJTHOMAS AT TA VISTA BUSINESS PARK PAVING 3973w.VICKERveLVO,Su17E 103 -- -. - FUTURE IMPROVEMENTS KORTwoaTrt TX 76107 - REciSTRATion u0.F-0435 i52 50' BL I I III 4-L 1-I- I I o 30' LANDSCAPE BUFFER m I PROPOSED I I I I I I I I CURB INLET ————————————— `--- PROPOSED -------J PUBLICI �— 3 x,9£,8 l v00 S J0'£0Z 18' RCP £ PROPOSED PROPOSEDULIC PROPOSED CURB INLET PUBLIC 188 RCP 30' RCP C7 (n A \ O Z3 C:)(D O SCALE 1"=40' O FEET Ro- n — ao OCTOBER 2017 RJ T H 0 M AlAwf3pu A VIS BUST ESS PARK STORM SEWER P!' SU17EIG3 aHONE-Q,Bl x3-%39 FUTURE IMPROVEMENTS C RT _i07 FAX. (A17I 732-041 2 GI�T4:*il,u'�i.=9465 IAJTW.- 67UUI 50' BL\ I ` I I��I� — I I 7-1 j I I 30' LANDSCAPE BUFFER I I 1 1 f I I I I I ;02- I I I f I I II, I I I L--------------J I I rt----- ssw 3 92,e1.00 s ,10�az —1-- s E — — — — — — — — — — — — — — — — — — — — — — — — — PROPOSED PROPOSED STREET LIGHT STREET LIGHT D \ co � J� 0( \ ',C--E 1"=40' �O� \ OCTOBER 2017 OTH O MAS ALTA VISTA BUSINESS PARK STREET LIGHTING FUTURE IMPROVEMENTS