HomeMy WebLinkAboutContract 50415 CITY SECRETARY
CONTRACT NO. —_
RECEIVED FUTURE IMPROVEMENTS AGREEMENT
1 2018
*' CRYO FORT WOR' ~r
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 the Northbound lanes of Summer Creek
Drive from the existing roundabout of McPherson Blvd. and Summer Creek Drive then south for
a distance of approximately 200 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, Summer McPherson L.P. a Texas Limited Partnership ("Owner"), is the
owner of Lot 1, 2, and 3, Block 1, Chisolm Tail Ranch (the "Property"), consisting of
approximately 5.036 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 Eighty Nine Thousand One Hundred Ninety Two
Dollars and Eighty Two Cents ($89,192.82), 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
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�,rN Texas Transportation Code; and
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a co _tel OFFICIAL RECORD
W2017-21
mCITY SECRETARY
/U FT.WORM,
Date 2/13/18 `a j 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 Summer Creek
Drive 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
Summer Creek Drive.
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.
Chisholm Trail Ranch
CFA#2017-211
Date 2/13/18
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.
vX���
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
CITY OF FORT WORTH OWNER: Summer McPherson L.P.
By: Legacy Capital Partners II,
its General Partner
Jesu Chapa By: Legacy Capital Company II,
its General Partner
Assistant City Manager
Date: By:
Name: V
Recommended by: Title: P/ZIE J I DeM7-
T sportation & Public Works Department
W
Doug14 W. Wiersig,P.E.
Director
Approved as to Form& Legality:
QNot—
Douglas W. Black
Assistant City Attorney
M&C:
Date:
Form 1295:
ATTEST:
ry J. K ys
City Secretary ' s�
�xAs•..
OFFICIAL REGARD
CITY SECRETARY
FT.WORTH,TX
Chisholm Trail Ranch
CFA#2017-211
Date 2/13/18
STATE OF TEXAS §
COUNTY OF TARRANT §
BEF tt� rsi �eori nNgtarx ublic in and for the State of Texas, on
this day pe o a y appe eds ci 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 , 20a?
o Public,State of Texas
P� MARIA S.SANCHEZ
My Notary ID#2256490 My Commission expires:
'•."�;;�'`�+�= Expires December 19,2021
STATE OF TEXAS §
Da 11Cis
COUNTY OF ThfiT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared S t cy e r 0, Saxon , 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 LA�m me g e RS a%� or the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ;)„'7-Ck day
of Fe—kiRLflRY 20(o.
WNN
•"' LAURI COX Notary Public, State of Texas
s�.!r�!ry•,�
1+P,• :�f+:Notary Public,State of texas
+' Comm.Expires 08-04-2018
Notary ID 129908484 My Commission expires:
B y 18
OFFIC"RICORD
Chisholm Trail Ranch
CFA#2017-211 CITY SECRETARY
Date 2/13/18 FT.WORTH,TX
EXHIBITS
Chisholm Trail Ranch
CFA#2017-211
Date 2/13/18
PLOTTED BY:Darrell Howard ON:Thursday,January 25,2018 AT:3:25 PM FILEPATH:\\ftworth\file system\Production\MixedUse\2007\2007296\Engirx:erFg\035\DRAWINGS\CFA\Drawings\Summer Creek Paving.dM
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