HomeMy WebLinkAboutContract 48322 CITY SECRETARY Z,
CONTRACT NO
CONDITIONAL. WAIVER
For Sidewalks Related to Replat of F&R Distillery Property
THIS AGREEMENT is by and between Bourbon House, LLC, hereinafter referred to as
"Developer", and the City of Fort-Worth, hereinafter referred to as "City'.
WHEREAS, Developer, is the owner of Lot 1, Block 1 of Firestone & Robertson Distillery
Addition, an Addition To The City Of Fort Worth, Tarrant County Texas, Being a Replat of Block 5,
Glen Garden First Filing, and a Portion of Blocks 2 & 3 Trueland, Second Filing, and Golfers Street,
Jennie Street, Bundy Street as Abandoned by City Ordinance No. 22232-05-2016 (the "Property");
and
WHEREAS, the City Subdivision Ordinance requires that sidewalks be constructed adjacent to
all public streets along the Developer's Property frontage except as provided in the City's Policy for
the Installation of Community Facilities as it relates to sidewalks ("Sidewalk Policy"); and
WHEREAS, the Sidewalk Policy allows for a waiver from construction of certain infeasible
sidewalks at the discretion of the Director of Transportation and Public Works ; and
WHEREAS, conjunctive with submitting its plat application (FS-15-254), Developer requested
a waiver from the Sidewalk Policy, which City denied in part; and
WHEREAS, the City and Developer mutually agree that construction of certain sidewalks
adjacent to the Property is feasible and construction of certain other sidewalks is infeasible and will
be waived;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
I. Sidewalk Policy Waiver
The City herein grants, and Developer agrees to, a conditional waiver of the Sidewalk Policy.
Sidewalk construction on the following streets shall not be required of the Developer:
• Along Glen Garden Drive frontage
• Along Glen Garden Ave frontage
• Along Mitchell Blvd frontage
• Along Eastline Dr. frontage (from Fairway Dr. to Timberline Dr)
• Along Fairway Dr. frontage (from Old Mansfield Rd to Timberline Dr)
• Along Old Mansfield Rd. frontage (existing sidewalks to remain in as-is condition)
• Along Bendry St. frontage (from Fairway Dr. North to cul-de-sac)
II. Developer Commitments
a. Developer will construct public sidewalks along Timberline Drive from Bendry Street west to
the property line. The sidewalk on Timberline Drive shall be constructed to City of Fort Worth
standard construction specifications.
b. Developer will construct public sidewalks along Bendry Street from Fairway Drive to Timberline
Drive. The sidewalk section along Bendry Street may be constructed in a rural type cross-
REC, section without a curb-gutter component.
.00T 28 The following requirements pertain to the sidewalk along Bendry Street: OFFICIAL RECORD
C1Ty0FFo8TW0pT1.1 CITY SECRETARY
C17YSECRETARY FT.WORTH,TX
• The existing width of the roadway must be maintained with a continuous constant edge
line— it cannot meander as the sidewalk deals with obstructions.
• Wheel-stops or other suitable devices can be used if approved by the City.
• The developer must submit a design for the sidewalk and it must be approved by the
City as would be normally required for improvements in the public way. The improved
facilities must meet all accessibility standards as well as other City design standards.
• The current drainage pattern must be maintained or improved.
• The sidewalk width must be a minimum of 5 feet.
• The material between the edge of the street travel way and sidewalk must be such that
drainage is maintained and maintenance efforts are minimized.
C. Developer will execute a Community Facilities Agreement ("CFA") with the City for
Developer's installation of the sidewalks described herein and further illustrated in Exhibit A.
d. Developer shall not seek nor will the City issue a certificate of occupancy ("CO") for any
structure or improvements that may be constructed on the Property pursuant to a building
permit, other agreement, or any other application until such time after the sidewalks to be
constructed as described herein have been accepted by the City, which acceptance shall not
be unreasonably withheld, conditioned or delayed. City shall use its best efforts to promptly
review (within 3 business days) the sidewalks upon its receipt of notice from Owner that the
sidewalks are substantially complete. The City may, in its sole discretion, accept the sidewalks
prior to Developer's completion of the so called "punch list items," e.g., minor details of
construction or decoration or structural adjustments which do not substantially interfere with
the use of the sidewalks.
e. Developer will, concurrently with the execution of this Agreement, tender to the City
$245,000 and execute the Future Improvements Agreement, in substantially the same form as
which is attached hereto as Exhibit B, with the City to use Developer's funds for the
construction of certain other sidewalks, which shall be constructed by the City pursuant to the
terms thereof.
III. City Commitments
City agrees to apply the Future Improvements funding to construct sidewalks from the Developer's
southwestern property line adjacent to Timberline Drive along Timberline Drive to Old Mansfield
Road, as illustrated in Exhibit A, as soon as practicable after execution of the Future
Improvements Agreement and receipt of the specified amount from Developer.
IV. Other Items
a. City and Developer each agree to act in good faith to perform all obligations contained herein.
b. City further agrees to immediately remove all holds on permits/plats related to sidewalk
construction on the Property with the understanding the Developer will perform as outlined
herein.
c. This Conditional Waiver does not run with the land. Any change in land use or ownership
requiring platting shall be subject to the city's code of ordinances and policies as they relate to
development of land.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Executed by each party's duly designated and authorized representative, to be effective as of the
date subscribed by the City's designated signatory.
Bourbon House, LLC City of Fort Worth
or
P
Troy bertson DouglaAW. Wiersig
Manager Director, Transportation Public Works
Date: G► Date:
Approved as to Form and Legality
Douglas W Black
Sr. Assistant City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OFTARRANT §
This instrument was acknowledged before me on lq, 4641 by Douglas W.
Weirsig, Transportation and Public Works Director of the City of Fort Worth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19/�k day of D tkbe,- 2016.
Notary Public, State of Texas
NIWJ MCLEROY
NOWYpwa My Commission expires:
STATE OF TEXAS
F69MyCMM Ev.Qft 11.201`
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OFTARRANT §
Before me, the undersigned authority on this 2. day of J`,�,r,�Q , 20MV,
personally appeared _______ 'f m4 Ido 10-e -Sots known to
me to be the person whose name id subscribed to the foregoing instrument and acknowledged to me
that the same is the act of Zdw!' bo ri *e)L4-%e. UC , and that he executed
the same as its m01,,6,gLA-e r and as the act of such v►1c�.,.��_ and for the purposes
and consideration expressed in the foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 I day of �� t1,yt.�t , 2016.
vshley Elise MileAM", Ut,
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• St teo iTrzyB p°"'k• o ary Publ c, State of Texas
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EXHIBIT B
FUTURE IMPROVEMENTS AGREEMENT
FOR
CERTAIN ASSESSMENT-BASED IMPROVEMENTS
THIS AGREEMENT is by and between Bourbon House, LLC, hereinafter referred to as
"Owner", and the City of Fort Worth, hereinafter referred to as "City".
WHEREAS, Owner, is the owner of Lot 1, Block 1 of Firestone & Robertson Distillery Addition,
an Addition To The City Of Fort Worth, Tarrant County Texas, Being a Replat of Block 5, Glen
Garden First Filing, and a Portion of Blocks 2 & 3 Trueland, Second Filing, and Golfers Street, Jennie
Street, Bundy Street as Abandoned by City Ordinance No. 22232-05-2016 (the "Property"); and
WHEREAS, the City has adopted its "Subdivision Ordinance" (the "SO") which prescribes
standards and requirement for development of land in the City; and
WHEREAS, the City has adopted a "Policy for the Installation of Community Facilities" ("CFA
Policy") which complements and is incorporated by the Subdivision Ordinance; and
WHEREAS, the SO and CFA Policy require the installation of sidewalks when property is
platted; and
WHEREAS, the City's CFA Policy requires Owners of property abutting city roadways to
construct or contribute a portion of the construction costs of required infrastructure, or seek a waiver
therefrom; and
WHEREAS, Owner sought a waiver from the sidewalk requirement, said waiver being denied
in part by the Director of the Transportation and Public Works Department; and
WHEREAS, Owner and City have concurrently entered into a Conditional Waiver related to
sidewalk installation, to which this Agreement's form is an exhibit; and
WHEREAS, the Property lies in the immediate vicinity of the Improvements (as hereinafter
defined).
NOW THEREFORE, City and Owner, acting herein by and through their duly authorized
representatives, enter into the following agreement:
1.
The City shall construct (or cause to be constructed) sidewalks from the Owner's southwestern
property line adjacent to Timberline Drive along Timberline Drive to Old Mansfield Road and other
appurtenances in connection therewith being referred to herein as the, "Improvements" provided
adequate public funds are available, abutting properties develop, or construction is found to be
necessary by the Director of Transportation and Public Works. The scope of the Improvements are
shown on Exhibit "A", attached hereto and incorporated herein.
2.
Owner has paid to the City the sum of Two Hundred Forty Five Thousand Dollars
($245,000.00), such amount being hereinafter referred to as the "Future Improvements Funds", which
Owner and City agree is the entire amount of Owner's contribution for the cost to construct the
Improvements.
By accepting the Future Improvements Funds and by execution of this Agreement, 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 Future Improvements Funds or take any further
action with regard to the construction of the Improvements, as defined above, even if (a) the actual
costs to construct the Improvements exceed the costs expected by the City as of the date of this
Agreement, (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.
This Agreement shall be binding upon and inure to the benefit of the City and Owner and their
respective successors and assigns.
4.
Owner is in the process of developing the Property. Owner has deposited the Future
Improvements Funds with the City for the Improvements, such Improvements being necessitated in
part by the additional demands that the development of the Property will be placing upon Timberline
Drive and being roughly proportionate to the impact of the proposed development in said area, and
fairly represents the Owner's proportional share of the cost of the Improvements. Owner waives any
right to claim or assert that the Future Improvements Funds are not roughly proportionate to the
impact of the proposed development, or do not fairly represent the Owner's proportional share of the
cost of the Improvements as a result of the additional demand created by the development of the
Property.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Executed by each party's duly designated and authorized representative, effective as of the date
subscribed by the City's designated signatory.
BOURBON HOUSE, LLC: CITY OF FORT WORTH
By:
roy bertson Jesus J. Chapa
Manager Assistant City Manager
Date: Z/ �� Date:
Recommended By:
Dougl W. Wiersig
Director, Transportation and 461ic
Works Department
APPROVED AS TO FORM ATTEST:
gx��
Douglas W Black aryJ. r
Sr. Assistant City Attorney City Secretary
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AS
OFFICIAL
RECORD
CITY SECRETARY
FW. RTH, X
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 Jesus J. Chapa, 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 day of 0(j-0" , 2016.
Notary Public, State of Texa
My Commission expires: 2k-I�� t
LINDA M. HIRRLINGER
3 rr >Notary Public, State of Texas
Comm, Explres 02-02-2018
Notary ID 12414474-6
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 IVIDL4 known to me to be the person
whose name is subscribed to thef e oing instrument, and acknowledged to that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2. I day of Jk K-0- ,
2016.
--- _
hiey Elise MileS,
Notary Public, Notary Public State of Texas
State of 1CYa5
�
Expires.09-03-2018
My Commission expires:
00/- a3- 2,01 T