HomeMy WebLinkAboutContract 36288 STATE OF TEXAS §
CITY SECRETARY CONTRACT NO.,rqQr&
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 Basswood Blvd. for a
distance of approximately six hundred ninety six (696) feet, for (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, D. R. Horton-Texas, Ltd. (name of developer), a Texas Limited
Partnership, D. R. Horton-Texas, Ltd. ("Owner"), is the owner of Santa Fe Enclave
Phase II (the "Property"), a parcel of property consisting of approximately 23.82 acres
and bordering the Improvements; and Basswood Blvd
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 eighty-six thousand sixty-three Dollars
and 50/100's ($86,063.50), 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
Santa Fe Enclave Phase II Future Improvements
CFA 2007094
11 1307
(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).
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 Basswood Blvd. 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 Basswood Blvd. +
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.
Santa Fe Enclave Phase II Future Improvements
CFA 2007094
111307
Executed on this JA day of 2007.
ATTEST: CITY OF FORT WORTH
f �'��� I By:
Marty Hendrix Marc go
City Secretary uTi}: ` � Assistant City Manager
APPROVED AS TO FORM OWNER:
D.R. Horton-Texas, Ltd.
By: D.R. Horton, Inc.
/. Its tho 'zed gent
Assist t C y Attorney
6y: Don E. Allen
Title: Assistant Secretary
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By:
Robert Goode, P.E.
Director
Santa Fe Enclave Phase II Future Improvements
CFA 2007094
11 1307
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 MY HAND AND SEAL OF OFFICE this to day
2007.
Notary Public, State o Texas
HE TTIE LANE My Commission expires:
MY COMMISSION EXPIRES
July 26,2011
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 Don E. Allen,Assistant Secretary, D.R. Horton, Inc. 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.
-}h
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of 12007.
1
JACQUELINE CARLA TOW of lic, State of Texas u
Notary Public,State of Texas
My Commission Expires
NA Commission expires:
OCT.28,2011
lo� a �s-�� p
Santa Fe Enclave Phase II Future Improvements
CFA 2007094
11 1307
C&B No.013805.020
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CFA Estimate for:
SANTA FE ENCLAVE PHASE 11A
ESCROW FOR 28' OF BASSWOOD BLVD.
Item No. DESCRIPTION OTY UNIT PRICE AMOUNT
1 7" R.C. Street Pavement 2,165 S.Y. 25.00 54,125.00
2 6" Lime Stabilized Sub grade 2,242 S.Y. 2.25 5,044.50
3 Hydrated Lime (27#/SY) 30 TON 105.00 3,150.00
4 14 Sidewalk 696 L.F. 14.00 9,744.00
5 121" RCP 190 L.F. 40.00 7,600.00
6 115'STD Curb Inlet 2 EA. 3,200.00 6,400.00
TOTAL ESCROW $86,06E5fl
GA,1013\01 3805\ES-RCFA Estimate SF Phi A 20070530 Page 3 of 3
C&B No.013805.020
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7.
CFA Estimate for:
SANTA FE ENCLAVE PHASE 11A
CONSTRUCTION COST SUMMARY
WATER DISTRIBUTION SYSTEM 51,263
SANITARY SEWER COLLECTION SYSTEM 68,170
PAVING IMPROVEMENTS (PRIVATE)' 0
STORM DRAIN SYSTEM (PRIVATE)' 0
*Street and Storm Drain Improvement are private and are not included in Total Developer Bond
Amount.
FEE COST SUMMARY
CITY INSPECTION FEE (2%)-WATER & SANITARY SEWER $2,389.00
MATERIAL TESTING FEE (2%)-WATER & SANITARY SEWER $2,389.00
CITY INSPECTION FEE (4%)- PAVING AND DRAINAGE $0.00
ESCROW FOR BASSWOOD BLVD. (28' B-B) $86,063.50
11STREET LIGHTS (PRIVATE) $0.0011
GAJ0B10138051EST\CFA Estimate SF PhIIA 20070530 Page 1 of 3
III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2,600 $00,000.00
MID-BLOCK RESIDENTIAL 0 EA $ 2,600 $00,000.00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,600 $00,000.00
MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00
MID-BLOCK ARTERIAL 0 EA $ 3,200 $00,000.00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00
Subtotal $00,000.00
City's Cost $00,000.00
Developer's Subtotal $00,000.00
4% Inspection fee $0,000.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $0,000.00
DEVELOPERS COST: $0.00 (Private, gated community.)
CFA CODE # 2007094
Santa Fe Enclave, Phase II
Fort Worth,Texas October 3, 2007
PAGE 1 OF EXHIBIT "C"
II. STREETLIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of streetlights 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 streetlights 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 streetlight installation is detailed on page (1) of exhibit"C" and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of Fort Worth.
DEVELOPERS COST: $0.00 (Private, gated community.)
October 3, 2007
CFA CODE # 2007094
Santa Fe Enclave, Phase 11
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
CFA CODE # 2007094
Santa Fe Enclave, Phase II
PAGE 3 OF EXHIBIT "C"
Iv
STREET NAME SIGNS
1. 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.
2. 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.
3. This development creates the following one (1) intersection at a cost to
the Developer of$0.00:
(This is a private "gated" community.)
Santa Fe Enclave, Phase II-
CFA code: 2007094 October 2, 2007
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