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Home My WebLink AboutContract 35067STATE OF TEXAS § '� CITY SECRETARY CONTRACT NO. U 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 Anqlin Drive from North (direction) for a distance of approximately eiqhty (80) 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, SILVER SPUR HOLDINGS, L.L.C. ., a Texas limited liability corporation_ ("Owner"), is the owner of _Lot 1, Block 1 Mankin's Corner Addition _(the "Property"), a parcel of property consisting of approximately _1.1_ 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: i� 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 Ten Thousand Five Hundred Seventv Three Dollars and 10 /100's ($10,573.10), 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 n4ankin's Comer Addition Future Improvements February 7, 2007 Page I of 4 ,:. <;, ; � �,.,� � � ;;;j��']�,��,lc`�;l i;��;,�;;i�;�:��' �:t�'' ? '��ul''� �',��5? IU �� i�� j�> I�)( ��j,l,_'� Si: :' � r� .� �.�V Ir�+, . '�J, '�`:;'. �l� u!��o ., --�a �.� (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). � 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 Anqlin 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 Anqlin 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. Mankin's Corner Addition Future Lnprovements February 7, 2007 Page 2 of 4 �� : �: �: N � � �.l� ��8 � � 100� Executed on this f`" � day of , 2007. ATTEST: Marty Hendri City Secretary - —�� _ .� -� �_ _T- - - - l�� c� ;'�.,x��.�.�� /_�77Z�1�1��F�t�17�7:�►�il , r. � ty,;Attorn � : Title TRANSPORTATION AND PUBLIC WORKS DEPARTMENT gy: �/`� � �� Robert Goode, P.E. Director Mankin's Corner Addition Future Unprovemeuts February 7, 2007 Page 3 of 4 CITY OF FORT WORTH By: Mar .Ott Assistant City Manager C�]b�l � I �:7� SILVER SPUR HOLDINGS, L.L.C. ��a� `7r��;�/� �� ,� : Rhonda J. Web Manager - ,- -- �----� '�`��'"Ji;�� a;��;��)�`%'��' � ��;; �t: �r .- Nj1 'y^ �('�,. f� -••q 'vJ�'t� ��;��; ��sS�;��,��;; e;;n� t:r,:�(i`� 1 I � U � ",� o .�'cJ��.: i('tl� �2G�.a � Y,.�e„_ _'.._..,3. STATE OF TEXAS COUNTY OF TARRANT 0 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. Gv( GIVEN LINDER MY I�AND AND SEAL OF OFFICE this ' day of �� ,: � ;' .-- /'� , 2007. - , ,-. ,_. , . _. , �: �� ;� ,., ,r ; � .�� ,, a��' ��`, (F (-J'�� i. � ��l ��'f P,81 �.'i! U �„ t=i PII t E'•, ��; '��_:.� '' ��oy �,:;, _;��; ;�;� '.��ww�i,v�v��s-.��vv�•r�i`�wt;�v�, �-e STATE OF TEXAS COUNTY OF TARRANT § �� - �- ( -� i ;,,m,� ``T,' `� - �is <�, t.� , Notary Public, State of Texas My Commission expires: i �;%�� C f BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _Rhonda J. Webb_, 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 of ��p_� �1'Y , 2007. Mankin's Corner Addition Future Improvements February 7, 2007 Page 4 of 4 this $ i i� day �� " \ Notary Public, State of Tex My Commi sion expires: ��c� OPINION OF PROBABLE COST LOT 1, BLOCK 1 MANI�IN' S CORNER ADDITION FUTURE PAVING IMPROVEMENTS 12/27/2006 ; ANGLIN DRIVE• 80LF - 27' CONCRETE PAVEMENT �� `� � �� ; ��✓ ITEM �T NO. DE5CRIPTION QUANTITY PRICE AMOUNT 1 8" LIME STABILIZED SUBGRADE 258 SY @ $3.00 $774.00 2 HYDRATED LIME (32#/SY) 4 TN @ $105 .00 $420.00 3 8" REINFORCED CONCRETE PAVEMENT 240 SY @ $28.00 $6,720.00 4 4' CONCRETE SIDEWALK SO LF @ $14.00 $1,120.00 5 7" Monolithic Concrete Curb 80 LF C $2.00 $160.00 , • 15% Contingency $1,379.10 TOTAL AMOUNT TO BE ESCROWED $10,573.10 Unit Prices shown above are based on the City of Fort Worth unit prices as listed in Ordinance No.14552 � III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: INTERSECTIONS MID-BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT DEVELOPERS COST: $0.00 CFA CODE # 2006128 Mankin's Corner Addition Fort Worth, Texas PAGE 1 OF EXH/B/T "C" QUANTITY UNIT COST 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 3,000 0 EA $ 3,000 0 EA $ 1,650 Subtotal City's Cost Developer's Subtotal 4°/a In�pection fee Project Total Adjacent Developer's Cost Developer's Cast December 15, 2006 TOTALCOST $00,000.00 $00,000.00 $00,000.00 $00,000.00 $0,000.00 $00,000.00 $00,000.00 $0.00 $00,000.00 $0.00 $0.00 $00, 000.00 $00.000.00 �U.00 II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2. Streetlights on residential and/or collector streets can be installed using overhead or underground conductors with the approval of the director of transportation and Public Works. 3. The City of Fort Worth will install all the streetlights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4. Street lights on arterial streets shall be installed with underground conductors 5. The developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operations of the street light system 6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is summarized below. The streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPERS COST: $0.00 CFA CODE # 2006128 Mankin's Corner Addition December 15, 2006 PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2006128 Mankin's Corner Addition PAGE 3 OF EXH1B/T "C" iv STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of $245.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following zero (0) intersections at a cost to the Developer of $0.00: No new intersections Mankin's Corner Addition CFA code: 2006128 December 15, 2006 ��1,�;�;].'',1 �:'.�t:.��.�;;a ' J � u ��' � � � J � � n�� '1 `'�� ' '.��( n' \ � j�, �';�:�:�� ;n� �j �,. � „� � � Graham Associates,lnc. � CONSULTING ENGINEERS dc PLANNERS 800 SIX FLAGS DRIVE, SUIiE 500 ARLING7DN, TIXiIS 76011 (61'n 6�0-8535 LOCATION MAP MANKINS CORNER OFFSITE SEWER EXTENSION CITY OF FORT WORTH 'w > H � 0 z H J U Z Q J I 2 J � H � = O F,_, ' 3 � � W Q � O O � Lt._ � � O � � � � � H H U f"7 � Graham Associates,lnc. � CONSULTING ENGINEERS � PLANNERS BDO 51X FLAGS DRIVE, SU17E S00 ARLJNCTON, iDCAS 78017 (61� 840-8535 --''" USE: FUTURE ._ --''�� OFFICE/ LOT 1 WAREHOUSE BLOCK 1 MANKINS CORNER `-FUTU,RE _. 4' CONC. SIDEWALK FUTURE 27' CONCRETE PAVEMENT USE: VACANT ESCO DRIVE EXHIBIT "B" FUTURE PAVING IMPROVEMENTS LOT 1, BLOCK 1 MANKINS CORNER CITY OF FORT WORTH GRAPHIC SCALE 1"=100' .,.._�.� �. .� _ _ _ :-t.`"Ir�_'. �i _ � .; - - � ��