The URL can be used to link to this page

Home My WebLink AboutContract 35321STATE OF TEXAS § ! CITY SECRETARY CONTRACT NO. ' COUNTY OF TEXAS § 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 Brewer Boulevard from West Risinger Road south for a distance of approximately six hundred and eighty (680) feet, (said roadways and street lights 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, BP 367 Fort Worth LTD., a Texas Limited Liability Corporation is the owner of Primrose Crossing Phase IIIA, a parcel of property consisting of approximately 28.49 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. � Owner has paid to the City the sum of Eiqhtv Four Thousand Eiqht Hundred Fifty Two Dollars and 25/100's ($84,852.25), 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 Primrose Crossing Collectors Brewer Blvd. Future Improvements February 14, 2007 Page I of 4 ��' C � � = r n !�i �, � � � �J',� ]J�!'1 >�.��';J:,;'� ! ; -� } i7;� '�� 5 �''�';5 �i �' r, �" C ,�'JV L� VS�.J'.uL`ILi•,',1: � -.� '•^� :,�;L� � i� '�i' , �, I � 2�� I, ..�:ti'�.�u1!� JL`;G�� (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 Ann. §§313.047-313.048 (Vernon Supp 1998). C� This agreement shall be binding upon and inure to the benefit of the City and Owner and their respective successors and assigns. �� 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 Brewer Boulevard 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 Brewer Boulevard. 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. Primrose Crossing Collectors Brewer Blvd. Future Improvements February 14, 2007 Page 2 of 4 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 Marc A. Ott, 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 of , 2007. MY HAND AND SEAL � �F�� r t, �..-�a�� a�vE � � `1 P �Y GU�,ifl.11SSI0N EXPIRFS, �� _��° .�ury �s, �oo� �°'��s�� s� STATE OF TEXAS § �.��s COUNTY OF T�'T § � OF OFFICE this day c��c� Notary Public, State of Texas My Commission expires: ?�ad-a.oa7 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared L� u.t,tk ('. t`Sc�r�c c d`� , 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 ^�da Y of r� 1CL � , 2007. � . � r v. P �l ZtC `��kG - ,�Z�� , � Bonnie Quesada Azulai L'r'LC.E ai.' � k� u My Commission Expires Notary Public, Sta e of Texas �'�. � March 10, 2008 r"pf t� Primrose Crossing Collectors Brewer Blvd. Future Improvements February 14, 2007 Page 4 of 4 My Comrriission expires: �`1Gt,�'CI't �(;��Zc� � 'v��V�'�N!� �rS��1� '��11' '��;G°��1 ��, �,;�,�,;;,��, ��so a . ' `"J Primrose Crossing Collectors, Section 3 Escrow December 1, 2006 WATER-CITY REQUESTED ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 24" WATER MAIN 665 L.F. 52.00 34,580.00 2 CATHODIC PROTECTION 1 L.S. 5,000.00 5,000.00 3 24" GATE VALVE AND VAULT 1 EA. 26,000.00 26,000.00 4 CLASS B CONCRETE ENCASEMENT 5 C.Y. 75.00 375.00 5 CLASS E CONCRETE MISCELLANOUS PLACEMENT 5 C.Y. 75.00 375.00 6 CRUSHED LIMESTONE 5 C.Y. 15.00 75.00 7 BALLAST STONE 5 C.Y. 15.00 75.00 8 REMOVE PLUG AND CONNECT TO EXISTING 24" 1 EA. 250.00 250.00 9 END LINE AND CAP 1 EA. 250.00 250.00 10 INSTALLATION/MAINTENANCE STORM WATER MNGMNT 1 L.S. 500.00 500.00 TOTAL - WATER $67,480.00 CITY PARTICIPATION (DIFF. BETWEEN 24" AND 10" MAIN) CITY PARTICIPATION (DIFF. BETWEEN 24" AND 10" GATE VAL CITY PARTICIPATION CATHODIC PROTECTION TOTAL CITY PARTICIPATION Quantity� Units � Diff in Unit Price� Total Difference 665 L.F. 26.00 17,290.0( 1 EA. 24,500.00 24,500.0( 1 L.S. 5,000.00 5.000.0( 46,790.00 50% DEVELOPER ESCROW FOR WATER DISTRIBUTION SYSTEM $10,345.00 PAVING-BREWER BLVD. ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 2,155 S.Y. 2.25 4,848.75 2 HYDRATED LIME 30#/SY 32 TON 105.00 3,360.00 3 7" R.C. STREET PAVEMENT 2,076 S.Y. 25.00 51,900.00 4 7" CURB 1,357 L.F. 2.00 2,714.00 5 4' WIDE CONCRETE SIDEWALK 2,717 S.F. 3.50 9,509.50 6 CONSTRUCT STD END OF ROAD BARRICADE 1 EA. 500.00 500.00 7 MATCH EXISTING PAVEMENT 28 L.F. 10.00 280.00 8 CONSTRUCT CONCRETE HEADER 28 L.F. 10.00 280.00 9 CENTER LINE STRIPING 680 L.F. 2.00 1,360.00 10 INSTALLATION/MAINTENANCE STORM WATER MNGMNT 1 L.S. 500.00 500.00 DEVELOPER ESCROW FOR PAVEMENT IMPROVEMENTS $75,252.25 STREET LIGHTS ITEM# DESCRIPTION 1 STREET LIGHT POLE, BASE (& COND) 50% DEVELOPER ESCROW FOR STREET LIGHTS TOTAL ESCROW - WATER DEPARTMENT TOTAL ESCROW - TRANSPORTATION / PUBLIC WORKS DEP g:\job\013539\est�20061110 Escrow Collectors Section 3.xls 'Y� UNIT � PRICE� AMOUNT 3 � EA. � 3,200.00 9,600.00 $4.800.00 345.00 052.25 I. STREET LIGHT COST ESTIMATE INTERSECTIONS MID-BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT CFA CODE #200� �/Q1'% QUANTITY UNIT COST 0 EA $ 2, 600 0 EA $ 2, 600 0 EA $ 2, 600 0 EA $ 2, 600 3 EA $ 3,200 0 EA $ 3,200 TOTAL COST $00,000.00 $00,000.00 $00,000.00 $00,000.00 $9,600.00 $00,000.00 0 EA $ 1,650 $00,000.00 Subtotal City's Cost Developer's Subtotal 4o Inspection fee Project Total Adjacent Developer's Cost Developer's Cost DEVELOPERS COST: $9,600.00 March 14, 2006 (revised 12-15-06) Fort Worth, Texas PRIMROSE CROSSING�'L1��Ci:.�Lf� �;r�7�4�r' J "" ��,L�Q�1 i3l'v�'. $9,600.00 $00,000.00 $9,600.00 $00,000.00 $52,000.00 $00.000.00 $9,600.00 December 15, 2006 _a�_____.- �.- --- - ; �-�l. � �lil I1;�� i L \ � . 4��I�I'�`+:� i. r..u�. = /' ' :,•l G',.� J, b� �'� " ��;1 ,'��1 'J:S��''�:�3a u � �J+' u' — i � ��•\. �� ;�,, �,,;�;,,�,;� 1�� 1�, `..��}>, , �.-�' .. � .�.._�� PAGE I OF EXHIBIT "C" II STREET LIGHTS WORK DESCRIPTION: l. The Developer shall provide for the installation of street lights at the approximate locations shown in exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2. Streetlights on residential and/or collector streets can be installed using overhead or underground conductors with the approval of the director of transportation and Public Works. 3. The City of Fort Worth will install all the street lights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4. Street lights on arterial streets shall be installed with underground conductors 5. The developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operations of the street light system 6. The estimated cost of this street light installation is detailed on page (1) of exhibit "C" and is summarized below. The street lights will remain the property of, and will be maintained by the City of Fort Worth March 14, 2006 (revised 12-15-06) DEVELOPERS COST: $9,600.00 PRIMROSE CROSSING,� fI(��'�" / �/Q ��' �J _- ��-�'�1 �.� !� � V�; CFA CODE #200'�Q/`� PAGE ll OF EXHIBIT "C" ��i "STREET LIGHTS" INTERSECTIONS MID BLOCK Brewaer Blvd 2 CHANGE OF DIRECTIOINS PRINIF20SE CROOSING,��%I� �� t/�-e'�d1� � --- � ��C.(,C.� A 1/ f J� lf C�' . PAGE III OF EXHIBIT "C" /,� � :i J ':� � �-�':!� �'�'�C L )?;, �; � �:1��' �i�'"''�'��C,''';li�"�� f�,� !�! r i r.�,; I�{' �� '�:J �'� li G��'��:; �.. �� 1; a "in ': n� 'fi,S� :.L �' f , ��f E �� I `;�;ii ';�:�{;;,; �;:��G';,e a '<'1 � i 1 �a 3. iv STREET NAME SIGNS The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. The Developer will pay for the street name sign installations required for this development to the extent of $245.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. This development creates the following zero (0) intersections at a cost to the Developer of $0.00: No new intersections Primrose Crossing, �,�//e�;:�Q� �I�`c��°vh CFA code: 200Q0%� 3 �. /�ti�.�.L'�.1 �l Y��'� March 10, 2006 revised 12-15-2006 0 � z i � i 0 a � m � O -fi O a � J �- �o .y�� D � �� ox-Hi Q, Z a� "� m � C A o �' � _. m w �" � N � Z • n -� � n o m o O N �, � . . .��'.:� � . � . � -, �.,R �k � ,-� � c �� ..`; °':': �- �,,•, 0 c� z n / L � m � � < 0 0 0 0 £ 7 � N �+ � 0 � N O I N � � w , m � Q f � � + • � �� • • � � e m < � m� �� o- � � mm � � � D r � = e Q �� m� m �n C — — � r m O � mn z� r �� O 7J D O �C� C � D � N \ � � � o � � � 0 � / � L0� C� l � �s� Sk9s I ''°q �A ( �'s I .-----•-----� ■ � /�. � " -----�-i � , �----------� � , , :o� � vi . 'ri O P �------ �--�'S'q`P�` � � SF ��c �----------i •`ri6'qSS�•yC I� � S . . . " " � � '� ml � - - �I � �I �-- -- — � � , . . _ " . . . . _ I 1 �..__....."' �• � � _ � avox ��rnsiu .i�� ' � � �-------j= ---�- <<----�-�---�-----,-- _.._.._.._ ,� � �--- ----- �'� � i � e I i � A '� ��ti'�o I � I Q9 — c 9r �: %y �• c'? �G'yB ��9 � � � .o�s . l F�O y O� F .4 F`C O C� 209 �l0 c�` 9 q Ssi �09' 9S� 1"C S? N n D r m II N O O 0 n z �� L 0 m � w �n n i 0 0 0 0 F � � m � N 0 I n % frl � Q � � � f � m � O �- �o.y��D � �� a -� o=� � Z ��m o N c� m w �^ � N �° n 0 m � N � � m m -� � c� z N r � -� cio _� -i • N � O C � r m cn -1 � m m � • � � m c� � fTl °°� �t r ' Z 'se s+9s 1 � ''°C �A I � 3i 6 i I �..�..�..�..�..�!! � I � 1 , • � � I � I � I � I 1 I � I � I C C eA , I ,� �s � � � /�/�C �O9 , i l � � tiGye ,Y,o9 ' � l c F� l,s, , � � �?09 (�o � • I 2o9,s2 ; i � I � I � I � I � I � I � I � I � I � L � I avox x��nnstu,,i'� � rn rn � r � '� � -•--•----- •. �'� � � eA o �s� � Ci ,� � �� °9r c'R fG'ye �091 � ' C '� y J' �?D (�` 92 � 09 �S 2 r 1 • �°< c� r 1 �se s+9s 1 ''Oc �p � �i ; s I r..�..�"�...' � � D � m �� N O O