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Home My WebLink AboutContract 50300 CITY SECRETARY ,✓h3� FUTURE IMPROVEMENTS AGREEMEN'ICONTRACT NO. �tJ 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 BOWMAN ROBERTS ROAD from NORTHEAST CORNER LAKE VISTA RANCH PHASE 3 for a distance of approximately 545 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, HMH LAKE VISTA LAND. L.P. a Texas corporation ("Owner"), is the owner of LOTS 6-13X,BLK, LOTS 22-41, BLOCK L, LOTS 1-17 & 20X, BLK M, LOTS 1-42, BLK N, LOTS 1-21X, BLK P, LAKE VISTA RANCH PHASE 3 (the "Property"), consisting of approximately 19.32 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 has paid to the City the sum of ONE HUNDRED THREE THOUSAND NINE HUNDRED NO/100 DOLLARS ($103,900), 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 9 OFFICIAL RECORD sFc9y� 9 Warne CITY ; .''!` RY Dace# 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 BOWMAN ROBERTS 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 BOWMAN ROBERTS 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 OWNER HMH LAKE VISTA LAND, LP A Texas Limited Partnership By: BNM Land, LLC a Texas limited Liability company it's General Partner Jesus Chapa Bruce French Assistant City Manager Sr. Vice President Date: � --,do !g Date: 4 8 Recommended by: sportation& Public Works Department ( c�, u Dougla . Wiersig, P.E. VZ Director Approved as to Form & Legality: QEL)4— Douglas W. Black Assistant City Attorney M&C: Date: Form 1295: FORT ATTEST: ;....... Mary J. Ka e G(L City Secretary Y, (CFFF7C-1AL 1PFC()H) Project Name CFA# FF WORTH,TX Date Contract Compliance Manager By signing I acknowledge that I am the person responsible For the monitoring and administration of this contract, including Ensuring all performance and reporting requirements. Janie S. Morales Development Manager STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this da personally appeared c s s A y p y pp , 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 ,20 MARIA S.SANCHEZ Not Public, State of Texas My Notary ID#2256490 Expires December 19,2021 My Coiiuiiission expires: 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 &Uee (--12-F,O►clN , known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to that he executed the same on behalf of aMt4 "w- y15n4 uA 1,1&. for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /,Z. - day of , 20160 /14 Z'14 VAU'17� N to Public tate of Texas 10, SANDY TRENTON ry °fNOTARY PUBLIC-STATE OF TEXAS �•!`�:}' COMM.EXP.10-31-2019 NOTARY 10 2641650 My Commission expires: nnua Project Name CFA# Date EXHIBITS Project Name CFA# Date LU -------------- - ----= II I I •+ I I I I I I I I I I I I y I I I I j FAKE �ISTA:PHASIE III N I U : ' I I I I I I I olj ' I U I V) I nI Imp /-gyp p //��^ I --------------------llUTRIGGE R->QtiLJ--------- ' w I I W O I I W ' $i Ui o I--------ri Z I I I LA E VIS SE i PH A ________ I I I I II N , I I I I zl � I I I -----------O--I I III D � � i IIIMM I I W I I I I ' I I LU w i 11i I I - ----4AC-K-TAFF-D-R]VE----- - - Q Q j i (D z I I � I I I I I I I I I ^ I 545 LF FUTURE IMPROVEMENTS ----------- 10' DRIVING LANE — — - — - -- — — i 1/2 (7') TURN LANE 6' CONC SIDEWALK LAKE VISTA HAS II 6" CONIC CURB I I 1 GRAPHIC SCALE 1"=100' 50 0 50 100 PtE r.. CITY PROJECT NO- ------- qs Od LEGEND OWNER/DEVELOPER CHARLES F. STARK ............... ................ HiIH LAKE VISTA LAND, L.P. �'. 57357 PROPOSED 6 CONCRETE A TEXAS LIMITED PARTNERSHIP �o�•F'F0� PAVING 1038 TEXAN TRAIL 11�nS�ONAL� \ „ GRAPEVINE, TX. 76058 W� PROPOSED 4 CONCRETE 12/062011 SIDEWALK PAVING 6' WIDE FP-17-009 OAOTIOORIZED BYE CTHARLIES F%'ARN�P.EE PAVING PP-14-005 I TEXAS REG[TRATIO0.67367 D FUTURE IMPROVEMENTS PROJECT No. 241-9389 Barron-Stark-Swift� BOWMAN ROBERTS ROAD Tom. DATE: DECEMBER 2017 Fort Worth,SouthwestBoulevard,Suite 32 LAKE VISTA RANCH PHASE III EXHIBIT Fort Worth, Texas 76132 Tex 81723ered En (F) g Firm 1.8144 B Texas Registered Engineering Firm F-10998 Texas Registered Survey Firm F-10158800 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS www.barronslark.com i I I i V)LL � -- -- -- --- --- --___ I I I I I I I I I O\I j FAKE �ISTAjPHASiE III o 0z. !1i 1 -------------------GUT-RaGGER-R-Q ---- w °��. I I � o LA 'E VIS A PH- SE II 10 ? I I I - - -- - - - - - - - - - - -- -J ------_---� I I I ----- JAGQSTAFF-D-RIV€----- — t, j II i ` I 545 LRSU E IMPRO el /4ENTS I I I I 1-10' C RB 1�E-T 24" CFr Ln WCL KE ISTA HAS II7 p X> � fill %\ GRAPHIC SCALE 1"=100' �� Op 50 0 50 100 �ptE•�F TFa-��0 CITY PROJECT NO- _______ LEGEND OWNER/DEVELOPER CHARLES F. STARK .............. ... ......... H�H LAKE ATEXAS LOTED PARTNERSHIP ��o•, p 57357 1038 TEXAN TRAIL 4p�FSS�!ST .?� PROPOSED STORM DRAIN STM GRAPEVINE, TX. 76058 a11p0 ONAI PROPOSED STD. CURB INLET 0 12106�2p11 EXISTING STORE) DRAIN STM DRAINAGE FP-17-009 USE OF THIS ELECTRONIC SEALTSIGNATURE AUTHORIZED BY CHARLES F.STARK, P.E. EXISTING STD. CURB INLET 0 PP-14-005 rEws RECISTRATION NO.67367 D FUTURE IMPROVEMENTS PROJECT No. 241-9389 Barron-Stark-Swift BOWMAN ROBERTS ROAD DATE: DECEMBER 2017 Fort Worth,SouthwestBoulevard,Suite 100 LAKE VISTA RANCH PHASE III EXHIBIT Fort Worth, Texas 76132 (0)817.231.8100 (F)817.231.8144 1 Texas Registered Engineering Finn F-10998 —1 Texas Registered Survey Finn F-10158800 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS www.6armnstark.com W,42 43 DAP-BID PROPOSAL Pep 2 ort SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Biddets Proposal Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value Item No. Measure Quantity UNIT IV:PAVING IMPROVEMENTS BOWMAN ROBERTS ROAD _ 1 3211.0400 Hydrated Lime 32 11 29 TN 18 $175.00 $3,150.00 2 3211.0501 8'.Lime Treatment 32 11 29 Sy _1,124 ^_ $5.00 _ _ $5,620.00 3 3213.0101 8"Conc Pvmt 32 13 13 SY 999 $52.50 $52,447.50 4 . .1 _301 4"Conc Sidewalk 32 13 20 SF 3,04& $7.00 $21,322.00 5 3341.0201 24"RCP,Class III 3341 10 LF 75 $65.00 $4,875.00 6 3349.5002 10'Curb Inlet 334926 EA 1 $6,000.00 $6,000.00 7 0241.0402 Remove Existing Asphalt Pvmt 02 41 SY 730 $7.00 $5,110.00 Total Construction Cost $98,524.50 Engineering and Surveying $5,375.50 GRAND TOTAL $103,900.00 CITY OF FORT WORTH Cost Estimate Bo—Roberts 12-20-17 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Ike Vista Ranch Phase 3 Form V—i-April 2,2014 CPN 9 101041