HomeMy WebLinkAboutContract 36026 STATE OF TEXAS §
CITY SECRETARY CONTRACT NO.. ,��l 00
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 Sandy Lane from 1-30 ROW
north for a distance of approximately one thousand seven hundred (1700) feet, for (said
roadway, storm drain and street lights, 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, D.R. HORTON —TEXAS, LTD. a Texas Limited Partnership
("Owner"), is the owner of Blake Meadows (the "Property"), a parcel of property
consisting of approximately 34.5 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:
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 One hundred thirty-six thousand five
hundred thirteen Dollars and 72 /100's ($136,513.72), 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
Blake Meadows Addition Sandy Lane Future Improvements
April 17,2007
Page 1 of 4
(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
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 Sandy Lane 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 Sandy Lane .
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.
Blake Meadows Addition Sandy Lane Future Improvements
April 17,2007
Page 2 of 4
RECEIVED
APR 3 0 2OL-7
Executed on this CQ0 day of , 2007.
ATTEST: CITY OF FORT WORTH
ailg By:
Marty Hendrix Marc Ott
City Secretary &c Rf,Q�t Assistant City Manager
APPROVED AS TO FORM OWNER:
D.R. Horton —Texas, Ltd.
By: C.R. Horton, Inc. —Authorized Agent
Assista i orney By:
Name &Title: Don E. Allen, Assistant Secretary
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By:
Robert Goode, P.E.
Director
Blake Meadows Addition Sandy Lane Future Improvements
April 17,2007 U I
Page
E;
RECEIVE r
STATE OF TEXAS § APR 3 0
COUNTY OF TARRANT § HBO e/
BEFORE ME, the undersigne �' assistant
ority, a Notary Public in and for the State of Texas, on
this day personally appeared 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 _ 92007.
HETTIE LANE Notary Public, State of Texas
afa
My COMMISSION EXPIRES
recti-+� July 26,2007 My Commission expires:
d7-8 41�-o
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned auu ority, a Notary Public in and for the State of Texas, on
this day personally appeared Dix, , -Alt--In , 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 this1/ 11., day
of 2007.
*Public,
JESSI M. GIBSON State of Texas
-'r Notary Public,State of Texas
My Commission Expires
March 18,2009 My Co 'ssion expires:
Blake Meadows Addition Sandy Lane Future Improvements
April 17,2007
Page 4 of 4
E I V
FORT WORTH Rough Proportionality Worksheet
for.R.oadway Infrastructure Improvements
City of Fort Worth, Texas
Development Name: Blake Meadows Addition
Applicant:
Legal Description(Lot,Block):
Case/Plat Number: FP-04-128/FP-05.098 Date: January 3,2007
wwk.h..t L-1 Updal.d,12/200005
DEMAND-Traffic Generated by Proposed Development:
Land Use: (for use when land uses and intensities are known at time of preliminary plat)
PM Peak Internal
Land Use Type' Development Unit: Intensity: Hour Trip Capture Trip Length4: Demand:
Rate2: Rate 3 (miles) (vehicle-miles)
Single-Family Detached Housing Dwelling Unit 180 1.01 0% 1.30 236.34
Zoning Class: (for use when oniy zoning class is known at time of preliminary plat)
PM Peak
Zoning Class: Not Estimated H ur Trip Capture Trip Length4: Demand:
Rate': Rate;Acreage: Development Unit: Intensity: (miles) (vehicle-miles)
I
TOTAL DEMAND PLACED ON THOROUGHFARE SYSTEM: 236.34
Notes:'As per the ITE Trip Generation Manual;'Trip Rate is the trip generation rate and a reduction for pass-by's as per the ITE Trip Generation Handbook:3 Internal
Capture should only be used when supported by a traffic,study OR when vehicular traffic does not utilize the City's roadway network:'Trip Length shall not exceed the
average trip lengths from the NCTCOG Origin-Destination Travel Survey
SUPPLY-Roads to be Built or Funded by the Applicant:
Roadway Name: Classification: Capacity: Length of Improvement: Number of Capacity I Supply Added:
(vphpl) (Linear Feet) Lanes: (vehicle-miles)
Sandy Lane Major Arterial(41D) 700 1,685 2 446.78
TOTAL CAPACITY(SUPPLY)ADDED TO SYSTEM: 446.78
A comparison of the capacity provided by a development against the traffic impacts
SUPPLY/DEMAND COMPARISON: of the proposed development.
(Vehicle-Miles) Comparison
TOTAL DEMAND PLACED ON THOROUGHFARE SYSTEM: 236.34 SUPPLY > DEMAND
TOTAL CAPACITY(SUPPLY)ADDED TO SYSTEM: 446.78 52.90%
Based upon the results of this rough proportionality analysis,the capacity(supply)provided by the proposed development exceeds the
anticipated demand it places on the system. Given these assumptions,only 52.90%of the capacity supplied can be attributed to the
proposed development Therefore,the roadway improvements are NOT roughly proportional to the demands placed on the system(i.e.
the applicant is adding more capacity than needed to support their development).
BLAKE MEADOWS ADDITION, SANDY LANE IMPROVEMENTS
January 22,2007
PAY ITEM DESCRIPTION d�!QY UNIT PRICE AMOUNT
]q
PROJECT SUMMARY
Totals Adjusted to reflect Rough Pro ortionality at 52.90%
I.WATER $ -
11.SEWER $ -
III. PAVING $ 100,699.12
IV.STORM DRAIN $ 23,965.00
VI1.STREET LIGHTS $ 11,849.60
TOTAL $ 136,513.72
LROUGHROPORTIONALITY WORKSHEET-ATTACHED)
V
a c, IK
BLAKE MEADOWS ADDITION, SANDY LANE IMPROVEMENTS
January 22,2007
PAY ITEM DESCRIPTION QTY UNIT PRICE AMOUNT
—7
III. PAVING` t� xt 'T
1 Unclassified Street Excavation 3500 CY $ 3.50 $ 12,250.00
2 7"Reinforced Concrete Pavement 5200,SY $ 25.00 $ 130,000.00
3 6"Concrete Curb 3140ILF $ 2.00 $ 6,280.00
4 6"Lime Stabilized Sub grade 55701SY $ 2.25 $ 12,532.50
5 Hydrated Lime(27 lb/sy) 75 TONS $ 105.00 $ 7,875.00
6 4"3000 PSI Edge to Edge Sidewalk 1,530 LF $ 14.00 $ 21,420.00
7 $
8 $
Paving Subtotal= $ 190,357.50-
52.90%of Paving Subtotal(Rought Proportionality Worksheet)= $ 100,699.12
Note: Barrier free ramps installed with completion of subdivision
BLAKE MEADOWS ADDITION, SANDY LANE IMPROVEMENTS
January 22,2007
PAY ITEM DESCRIPTION OTY UNIT PRICE AMOUNT
IV;;STORM'DRAIN xr yr�kx, r , �`` 7E 7 yN4 74 �
.. ..
1 24"RCP 146 LF $ 44.00 $ �6,424.00
2 30" RCP 40 LF $ 52.00 $ 2,080.00
3 36"RCP 55 LF $ 64.00 $ 3,520.00
4 24" Headwall 1 JEA $ 2,300.00 $ 2,300.00
5 30"Headwall 1 EA $ 2,500.00 $ 2,500.00
6 10'Inlet 2 EA $ 2,200.00 $ 4,400.00
7 4'Storm Drain Manhole 1 EA $ 2,500.00 $ 2,500.00
8 Trench Safety 241 LF $ 1.00 $ 241.00
Storm Drain Subtotal= $ 23,965.00
BLAKE MEADOWS ADDITION, SANDY LANE IMPROVEMENTS
January 22,2007
PAY ITEM DESCRIPTION QTY UNIT PRICE AMOUNT
1 IType D40-9 Single Head StreetxLight 1 7 EA $ 3,200.00 $ 22,400.00
2 IPermanent Si na e I OILS 1 $ - $ -
Street Light Subtotal= $ 22,400.00
52.90%of Paving Subtotal(Rought Proportionality Worksheet)= $ 11,849.60
Note: All street signs and stop signs installed with paving project.
Street Lights to be installed by Other Part
c
III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2,600 $00,000.00
MID-BLOCK RESIDENTIAL 0 EA $ 2,600 $00,000.00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,600 $00,000.00
MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00
MID-BLOCK ARTERIAL 9 EA $ 3,200 $28,800.00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00
Subtotal $28,800.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee $0,000.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $28,800.00
DEVELOPERS COST: $28,800.00
CFA CODE # 2007011
Blake Meadows Addition (Future Improvements)
Fort worth, Texas February 12, 2007
PAGE 1 OF EXHIBIT "C"
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: $28,800.00
February 9, 2007
CFA CODE # 2007011
Blake Meadows Addition (Future Improvements)
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
MID — BLOCK ARTERIAL:
Sandy Lane 9
Note: Mid-block arterial streetlights are to be spaced every 200' per City of Fort Worth policy.
CFA CODE # 2007011
Blake Meadows Addition (Future Improvements)
PAGE 3 OF EXHIBIT "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:
(improvement of existing street: Sandy Lane)
Blake Meadows Addition (Future Improvements)
CFA code: 2007011 February 9, 2007
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