HomeMy WebLinkAboutContract 48638 CITY SECRETARY /^
CONTRACT NO. U%
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 Golden Heights Road from Harmon
Road for a distance of approximately 583 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, Harmon Fund, L.P., a Texas corporation ("Owner"), is the owner of Lot 1,
Block 1, Harmon Senior Villas (the "Property"), consisting of approximately 8.899 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 will pay has to the City the sum of$80,000.00, at the issuance of building
permits, 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
Project Name CITY SECRETARY
CFA#
Date FT.WORTH,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 Golden Heights
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 Gold Heights 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, 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
Jesus Chapa
Assistant City Manager
Date: .,-? ''.,?-7"?
Recommended by:
Tra ortation& Public Works Department
DougW. Wiersig, P.E.
Direr r
Approved as to Form&Legality:
Doug as W. Black
Assistant City Attorney
M&C: 4A
Date:
Form 1295: for
AT FART
y J. Kayser ..�
City Secretary
Project Name
CFA#
Date
OWNER:
Harmon Fund, LP
A Texas limited partnership
AT Harmon GP, LLC
A Texas limited liability company,
Its General Partner
AMTEX Multi-Housing LLC
A Texas limited liability company,
Its ember
Aijun Nagarkatti, President
Project Name
CFA#
Date
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 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 (O ,201-7
rrr 10 LINDA M. HIRRLINGER o4 Public, State of Texas
Notary Public,State of Texas
3 ; Comm.Expires 02-02-2018 My Commission expires:
Nolary ID 12414474.6
LINDA M. HIRRLINGER
Notary Public,State of Texas
Comm,Expires 02-02-2018
Notary ID 12414474-6
Project Name
CFA#
Date
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State of California ( )
County oflcS �r,��les ) r
On L i� v
._ rTI before me, � iV)
Date Here Insert Name and Title of the O icer
personally appeared ��� i716
Name(vof Signer(
who proved to me on the basis of satisfactory evidence to be the person�) whose name) is/fie
subscribed to the within instrument and acknowledged to me that he/ a/thy executed the same in
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or the entity upon behalf of which the personracted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and torr ct.
SHERI D.WILHELM WITNES m d n, offida seal.
Commission #2013862 j 7
a=-:i Notary Public-California z
Z �' `' Ventura County > Signature
My Comm. Expires Apr 2,2017
Signature of Notary Public
Place Notary Seal Above
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association -www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT A
ieaque nail & perkins
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST
GOLDEN HEIGHTS IMPROVEMENTS FOR MARMON SENIOR VILLAS SERVICE AGREEMENT
[PATE:Jawsuary 10,2017
TNP Job Number.AML 16051
OWNER.Harmors Fund,L.P.
GOLDEN HEIGHTS,IMPROVEMENTS
ITIM DESCRIPTION OF ITEMS QUANTITY UNIT UNIT
NO. COST TOTAL
1 6'Cc4x Curb and Gunter 503 LF UG-06 =,320.00
2 4'Conc Sidwwalk 583 LF 25-00
3 Street ffghtMg 3 EA
SUBTOTAL-1 $56, 00
CONI114GENCY 11 50A,): '"Aw-Do
ll'kGINEERING,CaEOTECJ-MICAL&SURVEYING SERVICES $12,00-000
MOBILIZATION(5%): $3,ODO-00
TOTAL: $s4doo4.00
Project Name
CFA
Date