HomeMy WebLinkAboutContract 35030STATE OF TEXAS
COUNTY OF TEXAS
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CITY SECRETARY CONTRACT NO. ���� \� J�.
WHEREAS, the City of Fort Worth ("City") has adopted its "Master Thoroughfare
Plan" (the "MTP") which describes the development of the City's roadway infrastructure;
and
WHEREAS, the MTP includes the development of Vine Street from north
property line to south property line of lot 1 block 1 for a distance of approximately one
hundred (100) feet, (said roadways 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 contribute a portion of the
construction costs; and
WHEREAS, Roqer Johnson, is the owner of Johnson Addition , a parcel of
property consisting of approximately 2_2 acres and bordering the Improvements;
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 Five Thousand Eiqht Hundred Twenty
Nine Dollars and 50 /100's ($5,829.50), 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)
Future Improvements
February 6, 2006
Page 1 of4
to waive the rights granted to Owner in Chapter 313 of the Texas
Transportation Code to contest or appeal the assessment.
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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).
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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 Vine Street 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 Vine Street. Owner waives any
right to claim or assert that the Escrow is not roughly proportionate to the impact of the
proposed development, or does not fairly represent the Owner's proportional share of
the cost of the Improvements as a result of the additional demand created by to thee
development of the Property.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Future Improvements
February 6, 2006
Page 2 of 4
6a�::�i.fLY io'��
Executed on this o�-� day of , 200�'.�
ATTEST:
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Marty Hendri
City Secretary ;���__,���.u�__.___T_�
P�(y �td�:�: ���:��J.��.�� ��
APPROVED AS TO FORM
T'I-G�.nspor+�or1 ahoi Pl�b��L �o�
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�obe� CoocQe, P. C.
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Fulure Improvements
Februaiy 6, 2006
P1ge 3 of �{
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Title:
CITY OF FORT WORTH
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By: - _�
Ma _ . Ott
Assistant City Manager
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Marc A. Ott, assistant city manager for the City of Fort Worth, lcnown
to me to be the peison 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 exectrted the same as the act of
said City of Fort Worth for the ptuposes and consideration therein expressed and in the capacity
therein stated.
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GIVEN LJNDER MY HAND AND SEAL OF OFFICE this 'i, "� y� day
of ,'�; _!,, ��, _ � , 200�. '�'
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STATE OF TEXAS
COUNTY OF TAFZIZANT
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Notaiy Public, �State of Texas
My Commission e�pires:
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BEFORE ME, the undersigned authority, a Notary Public in aild for the State of Texas, on
this day personally appeaied ��C �� �� ��� y�� N �� �; �-� , lcnown to me to be the
persons whose name is subscribed to the foregoing inshliinent, and aclaiowledged to that he
eaecuted the same for the puiposes and consideration therein expressed.
GIVEN iJNDER MY HAND AND SEAL OF OFFICE this (�} +� day
of _� U� l�`� , 2006.
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` , _ ; My Coininission expires:
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Future lmprovements
Febn��iy 6, 2006
Page 4 of �l
SUMMARY OF COST
Johnson Addition-Vine St. Future Improvements
ltem Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $5,829.00 $ 5,829.00
2. Storm Drainage $0.00 $ -
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $ -
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%) $ - $ -
D. Materials Testing by DOE (2%) $ - $ -
TOTALS $ 5,829.00 $ - $ 5,829.00
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"N. 209.84'
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