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HomeMy WebLinkAboutContract 40107STATE OF TEXAS § CITY SECRETARY CONTRACT NO, LO I Oi COUNTY OF TEXAS § WHEREAS, the City %J Fort Worth (y") 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 Ray White Road (west half) from the intersection with North Tarrant Parkway for a distance of approximately two hundred seventy (270) feet, (said roadway 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, Andalusia Properties, Inc. a Georgia corporation ("Owner"), is the owner of Lot 1, Block 1, RaceTrac Addition (the "Property"), a parcel of property consisting of approximately 2.24 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 One hundred thirty-nine thousand, one hundred eighty-seven dollars and eighty-four cents ($139,187.84),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 RECORD CITY SECRETARY Project Name FT WORTH, TX CFA # Date�---�•-- (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 Ray White 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 Ray White 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. Project Name CFA # Date Executed on this A0nA day of , 2010. ATTEST: Marty HencJ City Secretary APPROVED AS TO FO CITY OF FORT WORTH BAR � �� By: G �a*ooppOOpOo% Fernando Costa �$� a ip Assistant City Manager CIAO p O z of =,�FbWNER: Andalusia Properties, Inc. 3225 Cumberland Blvd. Atlanta, Georgia Assistdpl City Attorney By: Title: TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: � William A. Verkest, P.E. Director Project Name CFA # Date OFFICIAL RECORD CITY SECRETARY FT. !NORTH, TIC STATE OF TEXAS § COUNTY OF TARRAN I § 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 MY HAND AND SEAL of A1,917L 2M� . �= EVONIADANIELS yi MY COMMISSION EXPIRES July 10, 2013 STATE OF GEORGIA § COUNTY OF FULTON § OF OFFICE this / day otary Public, State of Texas My Commission expires: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Georgia, on this day personally appeared MJyO C ,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. ID • 0SSION�A DEC. 16 2012 q�6CO, ,G�OQCti.N��`` OT4 ny iP t V \ Project Name CFA # Date AND SEAL OF OFFICE this_day My Commission expires: Df}'COSKIE• hfCINNISASSOCIATES, INC. 200 EAST ABRAbf STREET ARLINGTON, TEXAS 76010 CLIENT: PROJECT: CITY: DATE: Andalusia Properties, Inc. RaceTrac #913 5151 North Tarrant Parkway Ray White Paving Improvements Ft, Worth, TX April 12, 2010 RAY WHITE ROAD PAVING IMPROVEMENTS ESCROW FUNDS PROJECT # BY: ACREAGE: LOTS: 2460-00-01 G. DeANDA 2A I ITEM DESCRIPTION QUANTITY UNIT UNIT COST AMOUNT A. Paving Improvements 1 7" REINFORCED CONCRETE 1427 SY $ 27,00 $ 38,529.00 2 6" LIME STABILIZED SUBGRAE 1533 SY $ 3,00 $ 4,599.00 3 LIME (27 lbs./SY) 20.7 TON $ 110,00 $ 2,277.00 4 CONSTRUCT 6" CONCRETE CURB AND GUTTER 160 LF $ 18,50 $ 2,960.00 5 SAWCUT, REMOVE, AND DISPOSE OF EX. CONCRETE PAVEMENT 248 SY $ 5,00 $ 11240,00 6 SAWCUT, REMOVE, AND DISPOSE OF EXISTING SIDEWALK 66 SY $ 5,00 $ 330,00 7 4'SIDEWALK 292 SF $ 3,50 $ 1,022.00 8 SAWCUT, REMOVE, AND DISPOSE OF EXISTING ASPHALT 1139 SY $ 5.00 $ 5,695.00 9 SAWCUT, REMOVE, AND DISPOSE OF EXISTING CURB & GUTTER 149 LF $ 8,00 $ 1,192.00 10 INSTALL LOGITUDIUAL JOINT AND CONNECT TO EX, PAVEMENT 110 LF $ 10.00 $ 19100,00 I I TYPE I SIDEWALK RAMP I EA $ 400,00 $ 400,00 12 RELOCATE EXISTING TRAFFIC LIGHT AND CONTROL BOX I LS $ 40,000.00 $ 40,000.00 12 PAVEMENT MARKINGS AND STRIPING 1 LS $ 2,000.00 $ 2,000.00 13 TRAFFIC CONTROL 1 LS $ 1,000.00 $ I,000.00 Sub -Total $ 102,344.00 Summary A. Paving Improvements $ 1023344,00 B. Miscellaneous Minor Contruction Items 5% $ 51117,20 C. Contingency 10% $ 10,234.40 D. Design, Survey, Inspection, Materials Testing and Project Management 21% $ 219492.24 Total Escrow Amount $ 1395187.84 NOTES I This cost projection is based on plans prepared by Mycoskie McInnis Associates, Inc. (MMA) dated Ol/12/10. 2 Unit prices for this estimate are based on City of Fort Worth Ordinance #17967-02-2008, historic data, and professional experience. Since MMA has no control over market conditions including the cost of labor, materials or equipment, we can not and do not guarantee that project costs will not vary from this projection. 3 No storm drainage improvements needed for this portion of roadway. 2010-04-12 Ray White Cost Projection.xls--Phase 1 1 of 1 4/12/20t0 I I I � LAZY F.INC. VOL. 14118, PG. 297, D.R. T.C.T. I II SAWCUT AND REMOVE 223 SY i � . �: ANDALUS/A PROPERTIES; INC, CCU P21 ��099 LOT 1, BLOCK J RACETRAC �TIOff 2.2� 5 ACRES L;W ° 593 SQUARf7 FEET) 9., REMOVE 60 SY OF EXIST ° CONCRETE SIDEW RELOCATE TRAFFIC UGHT AND CONTROL i Poo N000 -� DATE: 02.12.10 PROJECT p: 2460-0-1 E�HIBI T 1 RA CETRA C #913 wyowmaim�dnran DRAWN BY G. DeANDA cNovifseal "weft rds=Qi '" pimft FORT WORTH, TEXAS tbpe registrotlon number. f — 2759 CHECKED BY A. CASCO STREET PROPORTIONALITY 2 0 0 e e at e b r e m arlington,texas 76010 STUDY 017-469-1671 SHEET NO: 1 OF 2 1 fox: 617-274-8757 1 "-60' CONCRETE PAVEMENT, 1449 SY OF 6" LIME STABILIZED SUBGRADE AND 19.6 TONS OF LIME FOR SUBGRADE PAVEMENT, 84 SY OF 6" LIME STABILIZED SUBGRADE, AND 1.1 TONS OF LIME FOR LAZY F. INC. SUBGRADE VOL. 141181 PG. 29Z D.R. T.C.T. LOT 1, BLOCK 1, ACETRAC ADDITION 240 GROSS ACRES ;583 SQUARE FEE7 �= b� 'CALLED 2.240 ACRES � s ` ' ANDALUSIA PROPERTIES, INC, CC#,.D2100119 9 O.P.R�T CrT. i i i ° INSTALL 73 LF OF SIDEWALK 4' WIDE CONSTRUCT TYPE A 8 EXISTING PAVEMENT r m® ,11 — ' PROJECT 24600�1 DRAW BYO G. i i �_. OWORTH, ..�.�. , SHEET V•