HomeMy WebLinkAboutContract 37060STATE OF TEXAS §
CITY SECRETARY CONTRACT NO. 631 io o.
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
from A/vV Gr�&� K (direction) for a distance of approximately eta 5 LF
( 1 1P 5 ) feet, and from (direction) for a
distance of approximately 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, North Texas Development, Ltd., a Texas Partnership ("Owner"), is
the owner of Tract 1 D Abstract 278, in the G.W. Couch Survey, located at 12104 S.
Pipeline Rd. (the "Property"), a parcel of property consisting of approximately 5.8 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 Gity 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 Thirty Four Thousand Nine Hundred Forty
Dollars and /100's ($34,940.00), 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
4S� I "C3 of k�� Texas Transportation Code; and
n J'lP'
Pecan Valley BuOies It%'L i
December 20, 200 "` `s 0 7— U u— U 8 A 0 9: 4 7 IN
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 %J 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 Pipeline Road 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 Pipeline Road.
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.
<j K.
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Pecan Valley Business Park;
December 20; 2007
Page 2of4
ATTEST:
4k
Executed on this day of , 2008.
EA / NO M&C
REQUIRED
�PPRC)VFn AS TC] FORM
By:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
OWNER:
North Texas Development, Ltd.
316 Lonesome Sta Trail
Haslet, TX 760527
Title: �v �s+.d
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By:
Pecan Valley BusinessPark _ -.-
December 12007
Page 3 of 4
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned thority, a Notary Public in and for the State of Texas, on
this day personally appeared tt, 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 120086
Notary Public, State of Texas
`�v P HETTIE LANE
*` �` MY coMMlsslory �xplRes My Commission expires:
July 25, 2011
STATE OF TEXAS
COUNTY OF TARRAN'T §
BEFORE ME, the undersi ed au
this day personally appeared ty[
ri , a Notary Public in and for the State of Texas, on
,known to me toe the
persons whose name is subscribed to the foregoing instrument, and
executed the same for the purposes and consideration therein e
xpressed.
acknowledged to that he
GIVEN UNDER MY HAND AND SEAL OF OFFICE this�day
TRACY L. WESTROM
MY COMMISSION EXPIRES
December 7, 2010
My Co ss on expires:
Pecan Valley Business Park
December 20, 2007
Page 4 of 4
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PECAN VALLEY
BUSINESS PARK ADDITION
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AN ADDITION TO THE CITY OF FORT FORTS
TARR9h'T COUNTY, TEXAS
OWNER
'TEYE ROBINSON
' 130 1P. BLUE MOUND
3ASIX T, TEXAS 76052
'HONE: 817-439-4839
RD., STE. 206
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clnnis Land
onsultants L.L.C.
�nniiTg. Development Engineerinc
1D8 EIGHTH STREET, SUITE 300
FORT WORTH, TEXAS 76102
OFFICE: 817-877-4200 FAX:
817-877-4201
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64
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PAVEMENT ASSESSMENT ESTIMATE
for 265 L.F. OF A PORTION OF A FUTURE MINOR ARTERIAL ALONG PIPELINE ROAD
PECAN VALLEY BUSINESS PARK December 5, 2007
FS 007-218
PAViNM rNnl F OF A SAI FIF MINOR ARTERIAL)
ITEM# IDESCRIPTION
QTY
UNIT
PRICE
AMOUNT
1
UNCLASS. STREET EXCAV.
800
C.Y.
3.50
23800.00
2
6" LIME STABILIZED SUBGRADE
855
S.Y.
2025
1,923.75
3
LIME
12
TON
101.00
1,161.50
4
6" CONCRETE PAVING (271
800
S.Y.
22.00
17,600.00
5
CURBS
265
L.F.
2.00
530.00
6
4-FOOT SIDEWALK
265
L.F.
14.00
3,710.00
TOTAL
PAVING $21,840.00
INSPECTrUry rtE5: 4vro
MATERIALS TESTING FEE: 2%
ENGINEERING: 7%
TOTAL FEES:
$436.80
$1,528.80
$2,839.20
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PAVEMENT ASSESSMENT ESTIMATE
for 265 L.F. OF A PORTION OF A FUTURE MINOR ARTERIAL ALONG PIPELINE ROAD
PECAN VALLEY BUSINESS PARK December 5, 2007
FS 007-218
STORM DRAIN SYSTEM
ITEM#
INSPECTION
IDESCRIPTION
QTYJ
UNIT
PRICE
AMOUNT
1
24" RCP
175
L.F.
44.00
7,700.00
2
21" RCP
15
LF
40,00
600.00
3
10' INLET
1
EA
2,200.00
21200000
TOTAL STORM DRAIN SYSTEM $10,500.00
FttS: 4"/0
MATERIALS TESTING FEE: 2%
ENGINEERING: 7%
TOTAL FEES.
%04LU.UV
$210000
$735.00
$630.00
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
QUANTITY UNIT COST TOTAL COST
0 EA $ 2,600 $00,000.00
1 EA $ 2,600 $2,600.00
0 EA $ 2,600 $00,000.00
0 EA $ 2,600 $00,000.00
0 EA $ 3,200 $00,000.00
0 EA $ 3,200 $00,000.00
0 EA $ 1,650 $00,000.00
Subtotal $2,600.00
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 -cm .000.00
Developer's Cost $2,600.00
DEVELOPERS COST: $2,600.00 (Quote subject to change if construction is delayed for year
or longer.)
CFA CODE # 2007118
Pecan Valley Business Park
Fort Worth, Texas 0�0
�w�u
PAGE 1 OF EXHIBI
i r Iil;g4t.
December 19, 2007
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: $2,600.00
December 19, 2007
CFA CODE # 2007118
Pecan Valley Business Park
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
MID -BLOCK RESIDENTIAL:
Pipeline Rd 1
CFA CODE # 2007118
Pecan Valley Business Park
PAGE 3 OF EXHIBIT "C"
1.
2
3.
IV
STREET NAME SIGNS
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,
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.
This development creates the following zero (0) intersections at a cost
to the Developer of $0.00.
(No new intersections)
Pecan Valley Business Park
CFA code: 2001118 December 19, 2007