HomeMy WebLinkAboutContract 40858 STATE OF TEXAS §
CITY SECRETARY CONTRACT NO. 4ogs,�?
COUNTY OF TEXAS §
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 Rosewood Avenue and Marquita Drive from
the centerline intersection of Rosewood Avenue and Marquita Drive for a distance of approximately two
hundred twelve (212) feet North, along Marquita Drive and also for a distance of approximately two
hundred ten(2 10)feet West along Rosewood Avenue, (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, Steven W. Bond dba Water Wizard Pool Service ("Owner"), is the owner of Lot s
12R, Block 10 Alta Mere Addition(the "Property"), a parcel of property consisting of approximately .865
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:
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 Forty-Eight Thousand Four Hundred Seventy-One Dollars
and Seventy-Six Cents ($48,471.76), 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
(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 TexaslTxin�p tion C "ORD
contest or appeal the assessment. Ci 11�TY�VViiCii��ECRETARY
Project Name:Future Improvements to Rosewood Ave.&Marquita Dr.I FORT WORTH, TX
CFA#2010-041 ,'—'�Cy—1 �, _ �1 �`•�
Date:09.08.10
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 Rosewood Avenue and Marquita
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 Rosewood
Avenue and Marquita 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, 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:Future Improvements to Rosewood Ave.&Marquita Dr.2
CFA#2010-041
Date:09.08.10
S4Executed on this, h day of. , 2010.
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ATTEST: �"o 11-0. CITY OF FORT WORTH
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6a)o" X���4' By:
Marty Hendrix ��n�-O� Fernando Costa
City Secretary Assistant City Manager
N® M&C 1°EQJJJ1RG�3
APPROVED AS TO FORM
OWNER: Steven W.Bond
dba
Water Wizard Pool Service
Amy J. Vnfley
Assistant City Attorney By:
Title:
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By:
Wil iam A. rkes ,�P.E
Director
OFFICIAL RECORD
Project Name:Future Improvements to Rosewood Ave.&Marquita Dr.3 I y�ECR`1 AR�/
Date:09.088..1100 �/
CFA#201FORT WORTH, TX.
STATE OF TEXAS §
COUNTY OF TARRANI' §
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.
gq
GIVEN UNDER MY HAND AND SEAL OF OFFICE this aC9 — day of
20L.
EVONIA DANIELS otary Public, State of Texas
* "= My COMMISSION EXPIRES
- '•' ?�= July 10,2013 My Commission expires:
-I, lot LD
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned 11authority, a Notary Public in and for the State of Texas, on this day
personally appearedJ.
W A-J4—, ,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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this V3J,=L day
of ,201 o.
Notary Public, State of Texas
M Commission expires:
R. NAREZ
Notary Public,State of Texas
My Commission Expires
Saptomnar 10, 2013
1
Project Name:Future Improvements to Rosewood Ave.&Marquita Dr.4
CFA#2010-041
Date:09.08.10
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included Attachment
® Location Map
® Exhibit A: Legal Property Description
® Exhibit B: Paving Improvements
® Paving Estimate
❑ Exhibit B-1: Storm Drain Improvements
❑ Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
Project Name:Future Improvements to Rosewood Ave.&Marquita Dr.5
CFA#2010-041
Date:09.08.10
EXHIBIT A
FoRT FORTH
THE CITY OF FORT WORTH, TEXAS
TRANSPORTATION & PUBLIC WORKS
FUTURE PAVING IMPROVEMEN
TO SERVE
LOTS 129 13 & 14, BLOCK 1
ALTA MERE ADDITION
AS RECORDED IN x�:' �'•�s'���
VOLUME 1037, PAGE 413 ...................t.',
PLAT RECORDS F JOHN A.• GRANT III
TARRANT COUNTY, TEXAS �I.O; 48538.•.,;'�,a'%
OIST
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2940 MARQUITA DRIVE k�
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LOCATION MAP
N.T.S.
MAPSCO: 73M, COUNCIL DISTRICT #3
DEVELOPER: ENGINEER: ncC ^ /� RECORD/ �^�
WATER WIZARD CUSTOM POOLS GRANT ENGINEERING, 1li�Cl 1 ICIAL RECORD
STEVE BOND 3244 HEMPHILL STREET
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1814 MONTGOMERY STREET FORT WORTH, TX 76110(, S'AE,CRE7ARY
TV
FORT WORTH, TX 76107 817-923-3131 VOICE �lMO � a
817-822-5222 VOICE 817-923-7171 FAX
817-989-7668 FAX FIRM REGISTRATION NO. F-4313
AUGUST, 2010
Pavement improvements: Curb&Gutter,Driveway approach,extending pavement to curb&gutter.
OPINION OF PROBABLE CONSTRUCTION COST
PROJECT: Water Wizard - Future Improvements entireproject) ro ortionalit agreement)
PAY UNIT TOTAL
ITEM QTY UNIT DESCRIPTION OF ITEM PRICE AMOUNT
1 14521 SF Sidewalk-4 inch-Construct $3.50 $5,082.00
2 378 LF Curb&Gutter-7 inch w/18 inch Gutter-Install $22.00 $8,316.00
3 5 TON Sub rade-6 inch-Cement Stabilized-26#/s - Install $110.00 $550.00
4 328 CY Unclassified Street Excavation $6.00 $1,968.00
5 754 SY Pavement-3 inch-Surface Course-Type D Mix $25.00 $18,850.00
6 35 SY Concrete Pavement, 6", (driveway approach) $25.00 $875.00
Construction Total $35,641.00
Minor Construction Items 5% Construction Amount $1,782.05
Construction Contingency 10% Construction Amount $3,564.10
Project Delivery Costs 21% Construction Amount $7,484.61
Total Project Cost estimate $48,471.76
OF rF X14
.....
0� 3'&N A. GRANT III
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RAPP, SH BISHOP JL SHUMON CA
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tv 500 McFARI.AND RANCH ROAD,ALEDO,TX 76008-4505 �. N Q W Z d
n EAST 217.56'.. < p¢ W
O ~J Oa ~ ��
(BACK OF CURB TO EDGE OF SUBGRADE} ' 3x a40 ' G w 4
2 2'{BACK OF CURB TO FACE OF GUTTEftj I �" 01--
18.5* x
\ (CL TO BACK OF CURB) O✓EmEM R
` I BECIIEC ONES
\ \ PROPOSED 4'WIDE CONCRETE
\ T S F SIDEWALK. SLOPE TOWARD
STREET WITH 2R MAXIMUM CROSS
Z\`\ SLOPE&CONSTRUCT TYPE _ � $ {1.1
HANDICAP RAMP AT CORNER TO TO $
CITY OF FORT WORTH
FL7tURE CANCREfE CURB IS
O SPECIFICATIONS. (1,452 s.f.} �� c
k GUTTER(378 LF.} F pqp (� 3 —e,.,Ww/fit 9
m �•\,\ FUNRE H.MAC. ^I x aTa� I CRRY O.+ �A►; � ,�)
PAYMENT(754 S.Y.) m. - x ••
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\ \ FUTURE CONCRETE ' M-:
APPROACH
S\ \ 4;'oj�a
L O T \ 1 (BACK OF CURB TO EDGE �/'
OF SUBGRADE) ml I z v ••'Q�/X 1 1 \ I 3 t o LLI Pte:18.5 (CL TO BACK I 1 z1 UZ ���
W \ \ POWE PO E to OF CURB : Gsi Jpa 9 I F N .!9
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fiE RELOCATED S 45.00'00'W 01
qr oTUEas 1•TYP 2'(BACK OF CURB TO 14.14' I
FACE OF GUTTER) +au ara V
BE Bio TED° EAST 170.00 m
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AM O T 2 4 _ _ 7 X � Z F J O
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NANTZ'MICNPEL A � � 2325 EGM1N SE W 4 4 dN F
JOOI RAMONA DRNE I FORT WORTH,TX 76110-6635 W d N
FORT WORTH,TX 76116-4019( -I C7 p d 4 W
S C O P E O F P R O J E C T w U4���,
(NORTH HALF OF RK;HT-OF-WAY) F 00?Op,a
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TEXANS►. .LES AND USE TAMIT
Merchants:DO NOT accept a copy of this permit in place of a resale cur exemption certificate.You will be You must obtain a now pa mit if Owe is a clu nge of
responsible for sales tax unless you have a valid resale/exernption certificate on file. onnersMp.loc dion,or business location rine:
TAXPAYER NAME,BUSINESS LOCATION NAME,and PHYSICAL LOCATION B
Type of permit
STEVEN W BOND SALES AND USE TAX
Taxpayer number
WATER WIZARD POOL SERVICE 3-20103-7679-9
1812 MONTGOMERY ST outlet number
FORT WORTH TX 76107-4009 00004
First business date
03/01/2006
NAICS CODE: 423910 DESCRIPTION ON NEXT LINE:
Sporting and Recreational Goods and Supplies Merchant Wholesalers
WE SHOW THIS BUSINESS IN THE FOLLOWING LOCAL SALES TAX AUTHORITIES:
4ITY: FORT WORTH EFF: 03/01/2006 CAROLE KEETON STRAYHORN
TRANSIT: FORT WORTH MTA EFF: 03/01/2006 Comptroller ofPublic Accounts
YOU MAY NEED TO COLLECT SALES AND/OR USE TAX FOR OTHER LOCAL TAXING AUTHORITIES DEPENDING ON YOUR TYPE OF BUSINESS.
9 you have any questions regarding sales tau,you may contact the Texas Slate Comptroller's field office in your area or call 1-800-252-5555,td free,nationwide.The Austin
`-—number is 5121483=4k3�R you are oma s evice'T'fior$iq�eaf(Tb��ie 109 free number is 1-800-248-4089,a in Austin,512/483-4621.
Detach here and display your permit only OFFICIAL RECORD
IS THE INFORMATION PRINTED ON THIS PERMIT CORRECT? Y OFFICIAL
p�•p R
If your permit is correct,DO NOT return this form. C9 1 fi SECRE 0 Art T
H your permit contains incorrect information,you may use this form to: 01-300-P4
•correct your business location name,location address(if not a location change),taxpayer n
provide us with your new Federal Employers Identification Number(FEIN);
0 notify us that this location is no longer in business and provide the date of your last business transaction.
To notify us of a change of ownership or business location,to correct the description of your business,or to correct the local
taxing authority(es)in which this outlet is located,call us toll free at 1-800-252-5656.The Austin number is 5121463-4600.
For more information on determining if the local taxing authorities listed above are correct,please see information
printed on the back of this form.
COMPLETION INSTRUCTIONS
To make corrections to your permit information using this form: °>�'ptrolirrr r's+' ,+
a enter the taxpayer name,taxpayer number and outlet number shown on the permit *qt 8 NOAML.h1iP
•indiicate the required corrections by entering ONLY the information that has changed in the appropriate item(s); n r,Id„t
.enter the date of your last business transaction if the location is out of business; _1 S 1
.sign and date the form; m.
. 11111
mail the form to COMPTROLLER OF PUBLIC ACCOUNTS,111 E.17th Street,Austin,TX 78774-0100. in 2601.
ff a new permit is required due to your corrections,you will receive the new permit by mai/after your information is processed. ►dI. r ce raRnbea
Refer to the back of this form and the back of your permit for more inhormadon.
You have certain rights under Ch.559,Gover anent Code,to review,request,and corned information we have on file about C1r sir
)cu. Contact us at the address or toll-five number listed on this form, ?
TEXAS SALES AND USE TAX PERMIT
a payor name strwm on gra perm! tj�h,I ri; .p 1000.0 j
STEVEN W BOND ! XUMAST
expejer number shownon,the i on I A i G ter ic.F �s
at 32010376799 00004
I Master t„aifn,g
Come—d bu=Km locadort name ratlrlie;: m;LtRpR
• County cruris:.
Carrera busmess looeffiort address
• � J'h�asttrml51v0AF7�}nstslacss
} ati�r�hantle
City State ZIP Code XULOCA
i
• • 1 I I • I I I 1 1 ���Iw=#IJP, i
Correct taxpayer name Phone number(Mee code and number)
d7tdle[tl �i.�n i
• • L 1 1 1/ I 1 I Li—L.-Li i�rJde"-cr-s ahwge
Correct mailing address C;fx:nrr 'r39fir
•
Amy stw aP oode Factual tamiptoy.. _
lei_I 1 • L--L I It 1 • L l till 11M
XUSTAi T
If you are no longer in business,
enter the date of your last business transaction. .'S ."'A PMrn;t
sign T-Vew or-*-izw agent para
11116M 11 1 000000333