HomeMy WebLinkAboutContract 35267 STATE OF TEXAS § �� I ^
CITY SECRETARY CONTRACT NO. lU
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 North Beach Street for a
distance of approximately three hundred twenty (320) feet, and, (said roadways, lights
and signs, 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
WHEREASHahei LTD., a Texas Corporation ("Owner"), is the owner of Lot 1
Block 1 Woodland Springs Office Park (the "Property"), a parcel of property consisting
of approximately 4.367 acres and bordering the Improvements; and Timberland
Boulevard.
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 Forty-two Thousand Four Hundred One
Dollars and forty-five /100's ($42,401.45), 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 hapter
313 of the Texas Transportation Code; and
North Beach Street-Future Improvements
04 09 2007
(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 North Beach Street 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 North Beach Street.
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.
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04 09 2007
RECEIVE[
` APR 0 9 211
Executed on this . ari day of , 2007.
ATTEST: CITY OF FORT WORTH
�4) a4'qq,__' By:W�� Y4-�7�
arty,Hendrix Marc A. Ott
City Secretary NO M&C REQUIRED Assistant City Manager
APPROVED AS TO FORM OWNER:
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Assistaynt$�*',,ftfto By:
Title:
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
//5>X
By:
Robert Goode, Pit.
Director
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North Beach Street-Future Improvements
04 09 2007
RECEIVE[
R 0 9 U7
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Oat— day
of 2007.
Notary Public, State of Texas
�"�� ME`fTIE LANE
�� "PIRES My Commission expires:
�_ .A G °7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersig d authority, a N ary Publi in and for the State of Texas, on
this day personally appeared , known to me to be the
persons whose name is subsc ' d to the foregoing instrument, and acknowledged to that he
executed the same for the purposes and consideration therein expressed.
GIV UNDER MY HAND AND SEAL OF OFFICE this day
of , 2007.
No ary Public, State of Texas
RHONDA RAE MADSEN
Notary Public,State of Texas
Mr Commission Expires My Commission expires:
i
June 30, 2010
North Beach Street-Future Improvements
04 09 2007
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WOODLAND SPRINGS DRAWN BY: RJL EXHIBIT:
0 Baird, Hampton & Brown, Inc. OFFICE PARK CHECKED BY: KB
e 0 e Engineering & Surveying 1
BHB PROJECT: 2006.714.000
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CFA EXHIBIT DATE: APRIL 10, 2007