HomeMy WebLinkAboutContract 49863 CITY SECRETARY
CONTRACT NO. q
FUTURE IMPROVEMENTS AGREEMENT
WHEREAS, the City of Fort Worth ("City") has incorporated a "Street Proportionality
Study" (the "SPS") which describes the impact of development to the City's roadway
infrastructure; and
WHEREAS, the SPS includes the development of Old Decatur Road & Marine Creek
Parkway from Grayson Ridge Drive to McLeroy Boulevard for a distance of approximately
6,250 feet, (said roadway being referred to herein as the "Improvements") (Exhibit "A"
attached); and
WHEREAS, the City's Policy for Installation of Community Facilities requires Owners
of property abutting proposed or underdeveloped city roadways to construct or, upon request of
an Owner, contribute a portion of the costs of the Improvements for future construction of same
by City; and
WHEREAS, Eagle Mountain-Saginaw Independent School District. a Texas public
school district ("Owner"), is the owner of Lot 1, Block 1, Eagle Mountain-Saginaw I.S.D.
Middle School No. 6 Addition (the "Property"), consisting of approximately 83.50 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; and
WHEREAS, Owner agrees to contribute its share of the Improvements to the City.
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 Three Hundred Twenty One Thousand Four
Hundred Seventy Dollars and Forty Two Cents ($321,470.42), 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 -- --t
OFFICIAL RECORD
Project Name
CFA# CITY SECRETARY
Date
FT.FORTH,TX
(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 §§ 313.047-.048.
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 Old Decatur Road
& Marine Creek Parkway 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 Old Decatur Road&Marine Creek Parkway.
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, its 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.
EFFECTIVE as of the date last executed by a Party hereto.
Project Name
CFA#
Date
CITY OF FORT WORTH OWNER
Eagle Mountain-Saginaw I.S.D.
C 44;Z64"
Jesus Chapa Steven G. Newcom
Assistant City Manager Board President
Date: 101-A-)—/—? Date: 10itt'llel
Recommended by:
Tr s ortation& Public Works Department
- w. W
Douglas . Wiersig, P.E.
Director
Approved as to Form & Legality:
a2A��
Douglas W. Black
Assistant City Attorney
M&C: AA
Date:
Form 1295: OR
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ATTEST:
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Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Janie S. Morales
Development Manager