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Home My WebLink AboutContract 36290 STATE OF TEXAS § CITY SECRETARY CONTRACT NO. '` ( 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 Randol Mill Rd. for a distance of approximately two hundred fifty-five (255) 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, Mr. Mike McGuffin ("Owner"), is the owner of Lot 1, Block 1, (property description) Rocking River M Addition (the "Property"), a parcel of property consisting of approximately 41.42 acres and bordering the Improvements; and Randol Mill Rd. 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 Thirty-five thousand six hundred ten Dollars and 00 /100's ($35,610.00), 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 313 of the Texas Transportation Code; and d KEY Rocking River M Future Improvements April 30,2007 Page I 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 Randol Mill Rd. 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 Randol Mill Rd . 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. Rocking River M Future Improvements April 30,2007 Page 2 of 4 Executed on this I QN day of J�Q(� ,(�K,x) ,-( , 2007. ATTEST: CITY OF FORT WORTH By: '44 Marty Hendri Ma . Ott City Secretary q, Agfe , w r , _ zF Assistant City Manager APPROVED AS TO FORM OWNER: ssist y Attorney By: Michael E. McGuffin Title: Owner TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: Robert Good , P.E. Director IN Rocking River M Future ImprovementsApril 30,2007rPage3of4 �T�iS. 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. r GIVEN UNDER MY HAND AND SEAL OF OFFICE this (0 day of ,2007. HETTIE LANE Notary Public, State of Texas f *: *= MY COMMISSION EXPIRES July 26,2011 My Commission expires: 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 Mr. Michael E. McGuffin, 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 71k day of r f.s-r- , 2007. MARY F. SWOFFORD Notary Pu , State of e us" PAft WHO e1 TOM �1► I��'+�M My Commission expires: Rocking River M Future Improvements April 30,2007 Page 4 of 4 ROCKING RIVER M PAVEMENT ASSESSMENT ESTIMATE EXHIBIT for 255 L.F. OF A PORTION OF A FUTURE ARTERIAL (28' B-B) ALONG RANDOLL MILL Rocking River M Equestrian Center ROAD April 17, 2007 FS 07-049 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 24" RCP 255 L.F. 44.00 11,220.00 TOTAL STORM DRAIN SYSTEM $11,220.00 INSPECTION FEES: 4% $448.80 MATERIALS TESTING FEE: 2% $224.40 ENGINEERING : 7% $785.40 TOTAL FEES: $673.20 ROCKING RIVER M PAVEMENT ASSESSMENT ESTIMATE EXHIBIT for 255 L.F. OF A PORTION OF A FUTURE ARTERIAL (28' B-B) ALONG RANDOLL MILL Rocking River M Equestrian Center ROAD April 17, 2007 FS 07-049 PAVING 29-FEET B-B OF ARTERIAL ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 UCLASS. STREET EXCAV. 1,275 C.Y. 3.50 4,462.50 2 6" LIME STABILIZED SUBGRADE 855 S.Y. 2.25 1,923.75 3 LIME 12 TON 101.00 1,161.50 4 6" CONCRETE PAVING 800 S.Y. 22.00 17,600.00 5 CURBS 510 L.F. 2.00 1,020.00 6 4-FOOT SIDEWALK 255 L.F. 14.00 3,570.00 TOTAL PAVING $22,190.00 INSPECTION FEES: 4% $887.60 MATERIALS TESTING FEE: 2% $443.80 ENGINEERING : 7% $1,553.30 TOTAL FEES: $2,884.70 ROCKING RIVER M PAVEMENT ASSESSMENT ESTIMATE EXHIBIT for 255 L.F. OF A PORTION OF A FUTURE ARTERIAL (28' B-B) ALONG RANDOLL MILL ROAD Rocking River M Equestrian Center April 17, 2007 FS 07-049 STREET LIGHTS ITEM DESCRIPTION QTYJ UNIT PRICEI AMOUNT 11 STREET LIGHTS 1 EA. 2,200.00 2,200.00 TOTAL STREET LIGHTS $2,200.00 ROCKING RIVER M PAVEMENT ASSESSMENT ESTIMATE EXHIBIT for 255 L.F. OF A PORTION OF A FUTURE ARTERIAL (28' B-B) ALONG RANDOLL MILL ROAD Rocking River M Equestrian Center April 17, 2007 FS 07-049 PAVEMENT ASSESSMENT SUMMARY ITEM DESCRIPTION AMOUNT 1 STREET LIGHTS 2,200.00 2 STORM DRAIN 11,220.00 3 PAVING 22,190.00 TOTAL PAVEMENT ASSESSMENT: $35,610.00 125%Of TOTAL: $44,512.50 RECEIVED N APR 2 S 2111.' NTS Z J SI TE L OCA TION W RANDOL MILL Z Q J Q) V ✓OHN i WHITE INTERSTA TE 30 ROCKING RIVER M ADDITION LOT 1, BLOCK 1 LOCATION MAP AN ADDITION TO THE CITY OF FORT WORTH MARCH 2O07 TARRANT COUNTY, TEXAS OWNER McInnis Land MIKE McGUFFIN Consultants L.L.C.Tm P.O. BOX 185237 Planning .Development• Engineering FORT WORTH, TEXAS 76181 108 EIGHTH STREET.SUITE 300 PHONE: 817-268-3731 FORT WORTH,TEXAS 76102 OFFICE:817-877-4200 FAX: 817-8774201 ,O cn c V � i w � F ., W U C CC ,o ..J w o E_4 �ItI4O o LEI O cv C 00 m ry ry CAW_) N ?� }► C). o 4 o Ln LLI v W W Q X:0 w�U p � LCJ � = oLL O0 Z J LL- G U a IJ � W } Q IJ # � � I rY CU cu � � O XL q � cQ w �, Li W � 44 uu -4` -, oW zWLJ Z � a z E~ I'D UCO �1 F W Q cn �^ A T � C cq �cq � 5 W LLJ Z 1 , w 0 w r� = o C n w o o 0 W 41 r- a uj o W q � 0E '� � 4 + 0 Z J ria�QxN � W� LLJ C'II++FJJ n � * F'Of oo W ,e'' �r V) u 3 ai Li r V = 0 wF U E i O i O 00 2 U a Q � f OU a `'e cu q 1 k- q o � � o W � u :E i 0 EDw w � � � Z � w � : LLJ N4 z "D U ti W C6 co CIO w V! cq UJrry� Z Zco A M r O •• I N Q. .d` � d. c� ►1 W � LL LAF allcr + o y LA s� t s�8 4gd $�M rye OZ \ j ZOw Ez �f% 7 qj— \ - 5