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Home My WebLink AboutContract 38977 (2)STATE OF TEXAS § COUNTY OF TEXAS § CITY SECRETARY CONTRACT NO. l 1I WHEREAS, the City of Fort Worth ("Cityincorporated 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 Westport Parkway from a oint approximately 800' east of Q5 W (North Freeway) for a distance of approximately two hundred seventy five (275) feet, (said roadway therewith being referred to herein as the "Improvements")I 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, JMR Alliance Group, L.P., a Texas corporation ("Owner"), is the owner of Lot 1, Block 1 of Hilton Garden Addition (the "Property"), a parcel of property consisting of approximately 5.020 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: 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 Two hundred eighteen thousand and four Dollars and 06/100's ($2185004.06�, 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 OFFICIAL jiti4OR� CITY SECRETARYi' F7: WORTH, TX Hilton Garden Inn _ July 28, 2009 (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). 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 Westport 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 Westport 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, 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. Hilton Garden Inn CPA #2009-023 July 28, 2009 Executed on this I I -' day of uh,44MLA 120090 ATTEST: CITY OF FORT WORTH Marty Hendrix City Secretary APPROVED AS TO FORM Assistant rney By: TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: William A Director Hilton Garden Inn CFA #2009-023 July 28, 2009 Fernando Costa Assistant City Manager OWNER: JMR Alliance Group, LP By: JMR Alliance Genpar, LLC General Partner By: KMR Equity LLC Sole Member 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 Fernando Costa, 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 STATE OF TEXAS MY HAND AND SEAL OF OFFICE this COUNTY OF TARRANT § BEFORE ME, the undersigned authori this day personally appeared (lit Fl x Notary Public, State of Texas My Commission expires: day f a Notary Public in and for the State of Texas, on persons whose name is subscribed to the foreg�u executed the same for the purposes and consideration . known to me to be the instrurent, and acknowledged to that he xein expressed. GIVEN UNDER MY HAND AND SEAL of 1,1.Q , 20 dq NORMA IDALIA ZAMARRIPA Notary Public, State of Texas My Commission Expires October 03, 2010 Hilton Garden Inn CFA #2009-023 July 28, 2009 OF OFFICE this day My Commi Sion expires: I 03 b HILTON GARDEN INN ADDITION COMMUNITYFACILITIES AGREEMENT ENGINEER'S OPINOIN OF PROBABLE COST 29-.iun-09 STORM SEWER PAVING CULVERT (DEVELOPER PORTION = 25%) TOTAL HARD COST MINOR ITEMS (5%) CONTINGENCY (10%) PROJECT DELIVERY (21%) TOTAL SOFT COST TOTAL DEVELOPER ESCROW = Notes: Storm sewer based on 6'to 8' cuts. Minimum earthwork considered except in street rights of way. Engineering or survey costs included are approximations. This cost opinion does not reflect rock excavation. I • 4 e■� . .•, „ .0 L_ J :. �. • I' ■ 1, 0 �.. This cost opinion does not include geotechnical testing or reports. offsite easements maybe required but are not Included in cost opinion )ffsite easement and Right -of -Way acquisition is the responsibility of the Developer. This cost opinion was prepared without the benefit of detailed engineering design. Landscaping not included in this cost opinion. This cost opinion does not include environmental reports or wetlands determinations. Quantitles based on communication with the City of Fort Worth and adjacent improvements. CFA unit prices were used when available. �/23/zoo9 G:\Production\Hospitality\2008\2008347\Correspondence\Cost Opinions\2009-06-29 FuturesCFA_improvementsCostOpinion 2:25 PM ITEM HILTON GARDEN INN ADDITION COMMUNITY FAC1L111E5 AGREEMENT ENGINEER'S OPINOW OF PROBABLE COST f3ESCRfI'TfbN 29�Jun-t)9 QTY UNIT PRICE Il TOTAL I. STORM WATER COLLECTION SYSTEM 1 21-inch Class III RCP 60 LF 45,00 $ 2 700.00 2 36"inch Class III RCP 380 LF 85,00 $ 32,300400 3 10400t curb inlet 1 EA 2 000.00 $ 2,000.00 4 41X4' Junction Box 1 EA 2 50o,p0 $ 2,500.00 5 36-inch HDWL it EA 900A0 $ 1,900.00 6 Unclassified trench excavation &backfill 390 CY 15.00 �i 5 8Su.uu 7 Trench safety 4401 LF 1.00 440.00 SUBTOTAL = $ 47,690.00 fl, PAVING ROAD LI=NGTH 2I LF 1 Unclassified street excavation 495 CY &00 $ 2,970.00 2* Erosion Control 1 LS 5 000.00 $ 5,000.00 3 6" Lime Stabilized Sub rade 916 Sy 3.00 $ 2 747.25 4 Lime @ 30lbs/sy I 14 TN S 120.00 $ 1648.35 5 8-inch concrete pavement 855 Sy S 32.00 $ 27 368.00 6 6-inch concrete curb 550 LF S 2.00 $ 1100.00 7 4400t sidewalk 21320 SF 3.50 $ 8 120.00 8* Street Li hts 1 EA 5 500.00 $ 5 SOOAO 9 A.D.A. Rams 2 EA 400.00 $ 800.00 10 Seedinq ROW 825 Sy Is 0.50 412.50 SUBTOTAL Ili. CULVERT 1 Unclassified trench excavation &backfill 232 CY 15.00 $ 3,480.00 2* Class C Concrete Footing 41 CY 55UOO 2,550.00 3* Rail 196 LF 86,660.00 4* Win wall 10 Oft) 4 EA 15 00,000,00 5 Rip -Rap 89 CY 6340,00 6* Traffic Control 1 LS 1001,000.00 7* Conduit 64nch 100 LF 1/500000 8 Precast OwS an Culvert 40 x 10' 167 CY 70234,00 SUBTOT764.00 25% DEVELOPER PARTICIPATION = $56,941,00 TOTAL CONSTRUCTION COST = $ 331,120.10 TOTAL DEVELOPER CONSTRUCTION COST � $ 160,297.10 *CFA unit prices not available. Recent unit prices from bids used in place. 4:57 pM G:\ProducclonlFlnspitality\Zo08\2�8347\Correspondence\Cost Opinions\2009-06-z9 FuturesCFA_ImprovementsCostOpinion 6/30/2009 a38aBb;82aar a yNn� RugN r.ny z�zg�i�x� C�1 0 0 n k w w a yNn� RugN r.ny z�zg�i�x� C�1 0 0 n k w w Q Lo Lod � --- Btock 9 7 !1' Ha . >t C4 8 YR 13 N kxocoo � x" �` I . b p mz� 6H 5 u a �. 2ti I'I _... ra fi t -.. r1 v ', 'Q a S w x., : & —`. 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