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Home My WebLink AboutContract 35176STATE OF TEXAS § r� CITY SECRETARY CONTRACT NO. � I I COUNTY OF TEXAS § 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 development of Oak Knoll Drive from North for a distance of approximately Three Hundred One (301) feet, (said roadways therewith being referred to herein as the "Improvements"); and WHEREAS, the City's Policy for Installation of Community Facilities requires Owners of property abutting proposed city roadways to construct or, upon request of an Owner, contribute a portion of the construction costs; and WHEREAS, Oakview Partners, Ltd., a Texas Limited Partnership ("Owner"), is the owner of 4600 Airport Freeway (the "Property"), a parcel of property consisting of approximately 1.83 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; NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement: 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 Eleven Thousand Two Hundred Ten Dollars and 99 /100's ($11,210.99), 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 (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 Oak Knoll Drive Future Improvements January 25, 2007 Page I of 4 �, �r c��r.-- r. /^� �'�, p /-�., i 0 I J��)��)�,!� a��'� 1L�i 'v�� ° ��'1Rr� ��o '.'�'°J�:��9 ��c�e (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). C� 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 Oak Knoll Drive 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 Oak Knoll Drive. 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, 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. , Executed on this �� day of l_X_, , 2007. Oak Knoll Drive Future Improvements January 25, 2007 Page 2 of 4 ATTEST: CITY OF FORT WORTH � B y Marty Hen ix City Secretary �� APPROVED AS TO FORM / , , `�,= � � -7 � Nlarc A. Ott Assistant City Manager OWNER: Oakview Partners, Ltd. By: Yeargain Companies, Inc., General Partner � By: ` ' � - __ __ �-,,. Charles V1%:'-Yeargain, resident TRANSPORTATION AND PUBLIC WORKS DEPARTMENT � gy. ��% Robert Goode, P.E. Director \ Oak Knoll Drive Future Improvements Janua�y 25, 2007 Page 3 of 4 ��1�� 0 , �, 2 01 �e�`�� " � �;'��]�`�;�`�'l �� ;�.., o, �� U�u 'N9��% 'r,�,�� ,� G,U U ��;; J � ( �� '��,��u��, ��o 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 � '�, ' ', , 2007. �t%/.11�.-�'C.� {�7ifi L�G-L�''�� ;�iti�`Y P�;; ROSEUA BARNES Notary Public, State of Texas '*i'�{ ''= MY COMMISSION EXPIflES � �+.= Marc;h 31, 2009 '��%��Y;� • My Commission expires: � �� / � 0 �1 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 Charles W. Yeargain, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �%�' day of G�Xu.�,O�' , 2007. „�Y�p,,,,, S�JSAN `=tP^ �m�-,, M. KIRBY Notary Public, Stat of Texas :*. �= Notary Publlc 3 �� STATE OF TEXAS ��'"��P�� My Comm, Exp, May 30, 2010 My CJ�ommission expires: ✓ `�C� � Oak Knoll Drive Future Improvements January 25, 2007 Page 4 of 4 REC�I'��D d` �'� 0 � �`_ ,, r m c� D r 0 m � n � -o � O z O O c� w m D � � � � O �P n � � � J � O � D D � � Z� � D 0 0 � O z 0 z m � z � D v 0 � m � � 0�0 ��' .i D �o wrCrt �o D � � O � N � � O co � _ � -� � 'r1 z m � m � � G � 0 � � � v < z j c� rn -� N -� � � _� m � � -+ -� N N C � � W W � (�j Z r r (n c.o � � -� � � � W � � .A rn rn rn r c �' � � C) �7 C� �p � a o co cn v cn � �' � N � v � � 7 � � N n � n Q � � � 0 � � � cU � v O �, � � � � � � �- O X -� � (D � � 'ei � c� < � °' z � � o � � v � cD rn Q = m � C {fl ffl Ef3 ffl � Z � � �I N� N � W � O O C.N3� O O C� m � � � � � N -P O N O �A N � � rn iv o � D �n o � o o � 0 o c� o 0 �� O D Z z � D C� �Z Z 'n � D m� z � � z zm m� m� �� z � z . � O � � � � n D = Z C � � � � � �m � D m� G) D z 03na3S�� SiH�le iI`.'' ��ll b�5d�'N��y 100Z'!Lbl1FI��cAdO� rlci; 7�':�.':{0:.-:9 u00£ Cr)�L OCOi U (� � � " ` � ` � tr 't' e�[ d: ��+ �dO Ci]�iJI1PdC�i� < _., �.._... . � � � '_ _ L,.�-.:�_ — �`""'� ry> .I�V'J �l 7S —_.... 133-I\1�3Td�S�' --------� ----.—....�-..,__ ._. ....... _...-.—..., �•_T " . _) ��__ 1 ',, ,�� os dy.v No a�nrnli�o� KW� ��a l�.:�a �