Loading...
HomeMy WebLinkAboutContract 33791 STATE OF TEXAS § CITY SECRETARY CONTRACT NO. _ COUNTY OF TARRANT § WHEREAS, the City of Fort Worth ("City") has adopted its "Master Thoroughfare Plan" (the "MTP") which describes the development of the City's roadway infrastructure; and WHEREAS, the MTP includes the future development of Dirks Road from Granbury Road westward along the Property (defined below) and beyond. (As used herein, the term "Improvements" includes all items included in the definition of the term "Improvement" in Section 313.001 of the Texas Transportation Code, all excavation, lighting, signage and traffic signals, and all sewer, water, and other utilities in connection with the development of Dirk's Road pursuant to the MTP); and WHEREAS, the City's Policy for Installation of Community Facilities requires Owners of property abutting proposed city roadways to contribute a portion of the construction costs; and WHEREAS, All Storage Granbury, L.P., a Texas limited partnership ("All Storage Granbury"), is the owner of Lot 2R2, Block 3, Granbury Station Addition, an addition of the City of Fort Worth, Texas, as evidenced by plat FS-004-029, recorded in Cabinet A, Slide 9399 of the Plat Records of Tarrant County, Texas, and All Storage GB, L.P. ("All Storage GB") is the owner of Lot 2R1, Block 3, Granbury Station Addition, an addition to the City of Fort Worth, Texas, as evidenced by plat FS-004-029, recorded in Cabinet A, Slide 9399 of the Plat Records of Tarrant County, Texas, which parcels of property together consist of approximately 21.518 acres and border Dirks Road and along which the Improvements will be constructed. (All Storage Granbury and All Storage GB are affiliated entities and are hereinafter individually and collectively referred to as the "Owner." Lots 2R1 and 2R2, Block 3, Granbury Station Addition, Tarrant County, Texas are hereinafter referred to as the "Property"); 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 Two Hundred Fourteen Thousand, Two Hundred dollars ($214,200), such amount being hereinafter referred to as the "Escrow", CONTRACT FOR FUTURE IMPROVEMENTS PAGE 1 which Owner and City agree is the entire amount of Owner's contribution for the cost to construct the Improvements abutting the Property. 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 (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 Ann. §§313.047-313.048 (Vernon Supp 1998). 4. This agreement shall be binding upon and inure to the benefit of the City and its successors and assigns and Owner and the Owner's successors and assigns hereafter owning all or part of the Property. 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 Dirks Road and being roughly proportionate to the impact of the proposed development along said road, and fairly represents the Owner's proportional share of the cost of the improvements to Dirks Road. Owner waives any right to claim or assert that the Escrow is not roughly proportionate to the impact of the proposed development along said road, or does not fairly represent the Owner's proportional �� CONTRACT FOR FUTURE IMPROVEMENTS f�F161-11A GE 2 Ur.a:•nn U �� a share of the cost of the Improvements to Dirks Road as a result of the additional demand placed on Dirks Road from the development of the Property. [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK. SIGNATURE PAGES TO FOLLOW.] n � nr, CONTRACT FOR FUTURE IMPROVEMENTS �'l�v�ilk 'hPAGE 3 RECEIVEn -z 2006 Executed to be effective as of the 18th day of May, 2006. ATTEST: CITY OF FORT WORTH e By: Marty Hendrix Marc A. Ott City Secretary Assistant City Manager NO M&C R��CJII� D APPROVED AS TO FORM OWNER: ALL STORAGE GRANBURY, L.P. Drage Grapbrry GP, Inc. Assista ity ttorne By:_ Name: ?n0w=ta1. bh LI Title: VICE PRESIDENT T'roAS po r�- 0 r\ OJJ 1'1 a'c- workC �ePar�rnem� ALL STORAGE GB, L.P. By: All Storage GB GP L.L.C., a Texas limite Ii ility company, its general Eb er-+ G-cao e., P. rEC�or By:— Name: Title: ICE PRESIDENT Approved asto Form: f/ Contract uthorization 1 . Date Attorn r Owner CONTRACT FOR FUTURE IMPROVEMENTS PAGE 4 Ya ✓ .uJL� a .. 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 Marc A. Ott, 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 12006. Notary Public, State of Texas My Commission expires: STATE OF OKlPtHyv 6 § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Hark-Mr-4u�eIA-,eside,%--f' of All Storage Granbury GP, Inc., a Texas corporation that is the general partner of All Storage Granbury, L.P., a Texas limited partnership, 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 said corporation acting on behalf of said limited partnership and that he executed the same as the act of said corporation acting on behalf of said limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24' day of t—t , 2006. Notary Public, State 6f Texan 0I.�.�►� _ 11111,4275 ' e"EXP.313.07 a (NAND fg ;oysy FOR PZ�• My Commission expires: t3 0 q•N �C,IJ l ��EC0�9 CONTRACT FOR FUTURE IMPROVEMENTS N r'io r; a•17 PAGE 5 STATE OF Oxt,A Hflm A § COUNTY OF LAN AD 1.4 t4 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared vices. Pres ld r-� of All Storage GB GP, L.L.C., a Texas limited liability company that is the general partner of All Storage GB, L.P., a Texas limited partnership, 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 said limited liability company acting on behalf of said limited partnership and that he executed the same as the act of said limited liability company acting on behalf of said limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z�-F�" day of , 2006. "'%\P- Y K-EP"' l SPU 7�C < e;.�' Notary Public, State of texas- c7lc laho r++.�.• �#03004275 0 N EXP.3113107 Q _ ;9 (NAND g: �C'•,�. FOR M Commission expires: ",;,',,IA ,' OF OK�P•'�a�, y p ,,qu1uN�N CONTRACT FOR FUTURE IMPROVEMENTS '�'� I ��LvE �} P! PAGE 6 tC t,i n 00- 133 � er Rood Haltom ON tdrcxseway Ave � 10 i.oM Ave m . ; 183 Ri tk.s� H II S r:e=m Valk Midway1�oa; w 18] j od Nts v`S y� 121 i��t�t&5att €�"7 ozst3 E3r',d+{B VII 3 71f St 11 k 1 tGW` �r F* t'tJ01h rg lar. b d W. Secn ' Or tfr �r Foreat Htl alva 51TE :=IC-man Pkwy E;wrm3r� S" Road -trcnt4rr 0 a Y� m ce O z DIRKS ROAD MlE wtn vVllK Ow APPROXIMATE LOCATION OF FUTURE IMPROVEMENTS INDICATED BY HASHED AREA(S). GENERAL LOCATION OF FUTURE IMPROVEMENTS OFF]- TO DIRKS ROAD �� SCO WEST FROM GRANBURY ROAD TO FORT WORTH & RIO GRANDE RAILROAD R.O.W. Ag"VII �TNq lWO 099103M Ply, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J 0 0 0 0 0 (D 0 O Q O '[t U) O � 0 0 O O N U') 'T O O O N O Lo00 (Dg000 � N 69 69 69 69 69 69 ff� 6F} O O O (D U) 0 0 O N O O N O O = w LO M N M O O N O O X 'y O O c a N O C x d4 69 69 69 69 69 ff� _ 3 w U f0 O CO D -o -2 -2 C L L (u (u a -t 0 Cf 3 Z3 Z3 c 07 : m w U 07 07J co a o j (A (A U ++ d d L N O O OO O 000 A F- O f— LO N (D L d M V V N M d Q O L a m W i a c 0 = U O C (A C N a) V o_ d > 0 E F- d > x -0 cam _ O w cu a c J a -0 Q. a v M •X O cn U -Cw ,�' V w m O O 3 O w + — c E _ o -a_ m0 LL J O (/5 J f/) i