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Home My WebLink AboutContract 37079 (2)STATE 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 Old Denton Road from Shiver Road southerly for a distance of approximately 1,134 feet, (said roadways 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, Riverside Villas Apartments, L.P., a Texas limited partnership ("Owner"), is the owner of Riverside Villas Addition (the "Property"), a parcel of property consisting of approximately 15.54 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 TWO HUNDRED EIGHT -SIX THOUSAND AND NINE HUNDRED SEVENTY-TWO DOLLARS and /100's ($286,972.00), 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 ., �� '��'! 1 v J�i�D Project Name: Riverside Villas 'v�p�;( ��L�1(� �``..� 05-09-08 A09:43 IN CFA #! 2008-009 �� y7� � j�I�Qf Date April 18, 2008 'f u, ':7�"�" U ;111 U ISLU, (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. 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 Old Denton Road 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 Old Denton Road. 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. DO VA FUM Project Name: Riverside Villas CFA # 2008-009 Date April 18, 2008 Executed on this 4�\ day of , 2008. ATTEST: CITY OF FORT WORTH Marty Hend�c City Secretary APPROVED AS TO FORM By: _.J-.LM k. Fernando Costa 1?�:&C In 4QUIRED — By: _ Assistant City Manager OWNER: Riverside Villas Apartments, L.P. By: Riverside Villas Apartments I, LLC a Texas limited liability company its General Partner Name/ Title: _ J. Mark Wolcott, Manama TRANSPORTATION AND PUBLIC WORKS DEPARTMENT By: Project Name: Riverside Villas CFA # 2008-009 Date April 18, 2008 > �i' ,rfo isj/j1 ��( y.„it.r IIn 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 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE of , 2008. l/ ?qa� HEITIE LANE "•' " MY COMMISSION EXPIRES ,E July 26, 2011 STATE OF TEXAS § COUNTY OF TARRANT § Notary Public, this r day of T My Commission expires: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared �J. Mark Walcott_, 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 3a day r°:�""''• � •. �lotary Public *. �` Slate of Texas 'y MYC.uirunissionExpires Nov rnber 24, 2009 c �1�G�?1 Project Name: Riverside Villas ( SI�� 4 c\ `rIs, CFA # 2008-009 Date April 18, 2008 .__ Notary Public, State of Texas My Conuissio expires: 2 0 Project Name Riverside Villas - Future Improvements CFA 2008-009 DOE 5801 Item Future Cost Developer Cost -1/2 Total Developer Cost A. Construction $ - 1. Streets $ 300, 758.00 $ 150, 379, 00 $ 150, 379, 00 2, Storm Drainage $ 2571186400 $ 1281593000 $ 128,593400 3, Street Lights $ 16,000,00 $ 81000,00 $ 8,000.00 4, Street Name Signs $ - $ B. Engineering Design $ - $ - C. Construction Engineering and Management by DOE 4% D. Materials Testing by DOE 2% TOTALS $ 573.944.00 $ 286,972.00 $ 286,972.00 Project Name: Riverside Villas CFA # 2008-009 Date April 18, 2008 RIVERSIDE VILLAS ADDITION FORT WORTH, TEXAS OLD DENTON ROAD - FUTURE IMPROVEMENTS ENGINEER'S PRELIMINARY COST ESTIMATES - JAN. 2008** UPDATED 4-18-2008 TYPE: MA4D,ROW,LANES, 22' MEDIAN, 17' PARKWAYS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE PAVING ITEMS 1 STREET EXCAV. 10600 CY $3.50 $37,100 2 LIME (27lbs/SY) 106 TON $105,00 $11,130 3 6" LIME SUBG, 7820 SY $2.25 $17,595 4 7" REINF. CONCRETE PAVEMENT 7695 SY $25.00 $192,375 5 6" CONCRETE CURB 4479 LF $2.00 $8,958 6 4' SIDEWALK 2275 LF $14.00 $31,850 7 TYPE I SIDEWALK RAMP 5 EA $350.00 $1,750 TOTAL PAVING $300,758 STORM SEWER 1 21 RCP 117 LF $40.00 $4,680 2 24"RCP 75 LF $44.00 $3,300 3 27"RCP 380 LF $48.00 $18,240 4 30"RCP 179 LF $52.00 $9,308 5 36"RCP 53 LF $64.00 $3,392 6 48"RCP 383 LF $110000 $42,130 7 54"RCP 74 LF $135000 $9,990 8 60"RCP 402 LF $160.00 $64,320 9 TRENCH SAFETY 1 EA $1.00 $1 10 ROCK RIPRAP 225 SY $35.00 $7,875 11 10' RECESSED CURB INLET 6 EA $2,200.00 $13,200 12 4'X4' DROP INLET 5 EA $21500.00 $12,500 13 CONCRETE FOR BOX CULVERT 141 CY $400000 $56,400 14 CONCRETE FOR HEADWALL 20 CY $400600 $8,000 15 WYE CONN 11 EA $350000 $3,850 TOTAL STORM SEWER $257,186 *** LIGHT STANDARDS 5 EA $31200.00 $16,000 TOTAL COST OF FULL WIDTH CONSTRUCTION $573,944 1/2 COST OF OLD DENTON ROAD (RESPONSIBILITY OF RIVERSIDE VILLAS) $2861972 ** NOTE: ABOVE PRICING BASED ON UNIT PRICES IN ORDINANCE NO 14552 * NO UNIT PRICE PROVIDED, ESTIMATE ONLY *** CITY PROVIDED PRICE VICINITY MAP PROJECT AREA MAP FUTURE IMPROVEMENTS V L.1_J F- CD S Q L z _ LL Q �r)voo F— z C/, Scale W 0 20 40 N. T. S. Future Commercial EXHIBIT "B" PAVING AND SIDEWALK S H EE7 1 cr 3 1 Sngle Fimily Proposed Public Fark 0 20 40 Future Commercial I EXHIBIT PAVING AND SIDEWALK SHEET 2 of 3 0' Multi Family 0 2C 40 N. T.S. Future Commercial EXHIBIT "B-1" STORM DRAINAGE SHEET I of 3 I i i I A I X �P I If o Z � r ml Z n r � I SH I VER I I I _ O , � � IrriI n C� I C ;:0 I I I I I I I I I I � I j lZ C _ 1 Proposed Public Park Z � N S+ 9 � D FJ 0 20 40 N.T.S. z0 r - m ' c� c� I c m m �I I T® 1 I Future Commercial �I dj O I ZI I �I ® I �I �I I 'cd?�� EXHIBIT "B-1" STORM DRAINAGE SHEET 2 of 3 z o r m c� Multi Family Sir.gie F:irnily Proposed Public Park 0" I f . i I � � J l +_ 1: CI I N 0 0 20 4C I D I � t N.T.S. t � o!b pI I 1 i i O � I 1 Z I Future Commercial rn 1: + r O I 1 OI is 155.: ' 10.0' 0': Ir I � I 1 vR, I EXHIBIT "C" I I STREET LIGHTS i 1 SHE77 2 :)r 3 I 0' Multi Family 0 20 40 N. T• S. Future Commercial EXHIBIT "C" STREET LIGHTS I II i STA 1 1 �?5.5 Multi Family Churn