HomeMy WebLinkAboutContract 33783 CITY SECRETARY 1379-
CONTRACT NO. .
MEMORANDUM OF UNDERSTANDING BETWEEN
WILBOW SKYLINE DEVELOPMENT CORPORATION
AND THE CITY OF FORT WORTH
This Memorandum of Understanding (the "Agreement") is by and between Wilbow-
Skyline Development Corporation, a Texas Corporation, by its duly authorized President, Chas
Fitzgerald("Developer"), and the City of Fort Worth, a home-rule municipal corporation situated
in Tarrant, Denton, and Wise Counties, Texas ("Fort Worth"), by and through Dale Fisseler, its
duly authorized Assistant City Manager. (Fort Worth and Developer may be referred to herein
individually as a"Party", or collectively as the "Parties").
WITNESSETH :
WHEREAS, Developer intends to construct Skyline Ranch, a development to be located
within Fort Worth and adjacent to the City of Benbrook("Benbrook"); and
WHEREAS,Developer and Fort Worth have executed a Community Facilities
Agreement ("CFA") setting forth, among other things, Developer's construction of a bridge
along Rolling Hills Drive over Walnut Creek, and a bridge along Woodglen Lane over Walnut
Creek(collectively referred to as the "Bridges"),
WHEREAS, the Bridges will provide additional access to the Skyline Ranch
development from the Benbrook side of the development; and
WHEREAS, in reliance upon certain promises to pay asserted by Developer, Fort Worth
has agreed to pursue a Joint Ordinance and Boundary Agreement and Interlocal Agreement with
Benbrook(the "Benbrook Agreements")to allow, among other things, the construction of the
Bridges, and a boundary adjustment to include the Bridges entirely within the city limits of Fort
Worth ; and
WHEREAS, prior to Fort Worth's execution of the Benbrook Agreement, Developer has
promised to assume Fort Worth's financial responsibility, limited to Forty-Eight Thousand
Dollars ($48,000.00), if any arises pursuant to the terms of the Benbrook Agreement, for the
reconstruction/repair of Rolling Hills Drive for damages directly caused by the construction
traffic for construction of the infrastructure contemplated by the CFA.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are herby
acknowledged and confessed,the Parties hereto agree as follows:
1. In reliance upon Developer's promise to assume certain financial responsibilities, Fort
Worth will pursue the Benbrook Agreements to allow, among other things, the
construction of the Bridges, and a boundary adjustment to include the Bridges entirely
within the city limits of Fort Worth.
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2. Developer assumes Fort Worth's financial responsibility, if any arises under the
Benbrook Agreement, limited to Forty-Eight Thousand Dollars ($48,000.00), for the
reconstruction / repair of Rolling Hills to restore the pavement of Rolling Hills Drive
between FM 2871 and Walnut Creek to its pre-development condition if damage is
directly caused by the construction traffic for the construction of the infrastructure
contemplated by the CFA.
3. Developer shall re-stripe the westbound approach of Rolling Hills Drive to FM 2871 to
provide a two-lane approach with a dedicated right-turn lane and a shared through/left-
turn lane per the recommendations of the May 2006 Kimley-Horn Traffic Impact Study
obtained by the Developer
4. Developer shall submit to Fort Worth a letter of credit in the amount of the Forty-Eight
Thousand Dollars ($48,000.00)to guarantee its performance under this Agreement.
EXECUTED this_ C day of ?G , 2006.
Wilbow-Sky 'ne Development Corporation:
By:
as Fitzgeral
President l
City of Fort Worth: Approved as to Form and Legality:
ti
Da a Fisseler Amy J. sey
Assistant City Manager Assistan City Attorney
Attested By:
Contract l�uthoriaatioa
F� � n� � /-moo b
Ntarty Hendrix Date
City Secretary
MOu W
Fort Worth and Wilbow 7/20/20062 oft
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/13/2006 - Ordinance No. 16991-06-2006
DATE: Tuesday, June 13, 2006
LOG NAME: 20SKYLINE REFERENCE NO.: C-21510
SUBJECT:
Approve Joint Ordinance and Boundary Agreement with the City of Benbrook to Adjust the
Boundary between Fort Worth and Benbrook; Authorize Execution of an Interlocal Agreement with
the City of Benbrook for the Construction and Maintenance of Two Bridges Over Walnut Creek, and
Authorize Execution of a Memorandum of Understanding with Wilbow Skyline Development
Corporation
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Joint Ordinance and Boundary Agreement with the City of Benbrook in
conjunction with the Skyline Ranch development;
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement;
3. Authorize the City Manager to execute an Interlocal Agreement (ILA) with the City of Benbrook related
to the construction and maintenance of two bridges over Walnut Creek; and
4. Authorize the City Manager to execute a Memorandum of Understanding ("MOU") with Wilbow Skyline
Development Corporation (the "Developer") to memorialize the Developer's commitment to pay for street
repairs (if necessary) to Rolling Hills Drive as a result of construction traffic traveling to/from the Skyline
Ranch Addition and costs associated with a traffic signal at FM 2871 should the Texas Department of
Transportation determine that one is needed.
DISCUSSION:
On January 28, 2004 the City Plan Commission approved the Preliminary Plat for Skyline Ranch, a single
family sub-division of 392 lots east of FM Highway 2871 and on the north side of Walnut Creek. The
proposed access for Skyline Ranch is to be served by constructing one new street that accesses FM 2871
in Fort Worth and by constructing two bridges over Walnut Creek that connect to Rolling Hills Drive and to
Woodglen Drive, which are streets in the City of Benbrook. The centerline of Walnut Creek is the mutual
City Limit line. In order to provide for joint access between Benbrook and Fort Worth and to simplify the
maintenance responsibilities for the bridges, the staffs of both cities have met and recommend the
adjustment of the city limits as described in the attached Joint Ordinance and Boundary Agreement. It is
also recommended the ILA and MOU be executed. The ILA and MOU provide the following:
• Fort Worth will authorize the construction of the two bridges through a Community Facilities Agreement
with the Developer.
• Fort Worth will be responsible for necessary repairs, if any, to Rolling Hills Drive for damage directly
caused by the construction traffic for the Skyline Ranch Addition. Fort Worth will pass all costs associated
Logname: 20SKYLINE Page 1 of 2
with the repairs to the Developer pursuant to the terms of the MOU.
• If the Texas Department of Transportation determines that a traffic signal is required at the new street
entrance on FM 2871, Fort Worth and Benbrook will proportionately share the cost for the signal. The
Developer will be responsible for the City of Fort Worth's share of the costs pursuant to the terms of the
MOU.
• Fort Worth and Benbrook will adjust the common municipal boundary so the new bridges will be entirely
within the city limits of Fort Worth.
• Fort Worth will maintain the new bridges upon their completion and acceptance.
Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually
agreeable changes in their boundaries for areas that are less than 1,000 feet in width. Approval of the Joint
Ordinance and Boundary Adjustment will result in the transfer of approximately 0.682 acres from the City of
Benbrook to the City of Fort Worth.
This property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this action will have no material effect on City Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Mark Rauscher (2446)
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