HomeMy WebLinkAboutContract 35542 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 Northeast Parkway from its
south right-of-way line to its centerline for a distance of approximately fifty-seven (57)
feet, and Northeast Parkway from the east right-of-way line of Superior Parkway
towards the east for a distance of approximately five hundred seventeen (517) 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, Jerry Spencer, L.P., a Texas Limited Partnership ("Owner"), is the
owner of 820 marKIV add. Block 1 lot 2, a parcel of property consisting of approximately
5.2 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 One hundred eleven Thousand forty-two
Dollars and 13/100's ($111,042.13), 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 ME
' 'Cabaret North Future Improvements CFA uMay 3,2007Page 1 of 4 L.
(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 Northeast Parkway 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 Northeast Parkway.
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.
Cabaret North Future Improvements CFA
May 3,2007
Page 2 of 4
RECEIVED
JUN 4 'o ria
Executed on this 22nd day of June, 2007.
ATTEST: CITY OF FORT WORTH
r 1 \V L �7By:
Marty Hendrix Ma
City Secretary I- 'NO M&C REQUIRED Assistant City Manager
APPROVED AS TO FORM OWNER:
Assistan by ttorney By: A&I
Title: „
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
l
By:
RobertOffoode, P.E.
Director
RECEIVED
AN 2 5 217
Cabaret North Future Improvements CFA
May 3,2007
Page 3 of 4
RECEIVED
.'UN 25 '.7.
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 day
of , 2007.
Notary Public, State of Texas
HETTIE LANE
MY COMMISSION EXPIRES My Commission ex Tres:
STATE OF TEXAS §
COUNTY OF TAJWr2kWUeo� �c
BEFORE ME, the undersi ed authority, a Notary Public in and for the State of Texas, on
this day personally appeared &Q,AA j, 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 o9.S Y day
of 14A.452007.
�PnY'pL.`c !MALISSA MCDANIEL
f ! NOTARY PUBLIC Notary Public, State of Texas
tN�� fQ-j State of Texas
t�TFOF�Et t Comm. Exp. 04-26-2008
My Commission expires:
Cabaret North Future Improvements CFA
May 3,2007
Page 4 of 4
H THOMAS HOOVER ENGINEERING, LLC
STREET PAVING &STORM DRAINAGE
CLIENT: COWTOWN NORTH DEVELOPMENT
DATE: April 5, 2007
PROJECT: Cabaret North, Fort Worth, Texas
CFA CFA
ITEM DESCRIPTION OF UNIT TOTAL UNIT I UNIT COST
NO. QUAN. PRICES
Paving Items
1 Lime(30#/SY) 53 TONS 105.00 $5,565.00
2 6" Stabilized Subgrade 3,525 SY 2.25 7,931.25
3 7" Reinforced Concrete Pavement, 57'Wide 3,390 SY 25.00 84,750.00
4 6"Concrete Curb 1,090 LF 2.00 2,180.00
5 4' Sidewalk 1,021 LF 14.00 14,294.00
6 Type l Sidewalk Ramp 2 EA 350.00 700.00
Sub-Total Paving Items $115,420.25
Storm Drainage Items
1 24" RCP 70 LF $44.00 $3,080.00
2 66" RCP 494 LF 180.00 88,920.00
3 Trench Safety 564 LF 1.00 564.00
4 10' Recessed Inlet 2 EA 2200.00 4,400.00
5 5' Storm Drain Manhole 1 EA 3300.00 3,300.00
Sub-Total Storm Drainage Items $100,264.00
TOTAL CFA COSTS $215,684.25
One half of the Total CFA Costs for the 57'wide Northeast Parkway $107,842.13
street and storm drainage system extension.
CLIFTON HENTHORN, PRESIDENT DATE
COWTOWN NORTH DEVELOPMENT, LP
PREPARED &CHECKED:
OF Tc 6t�
THOMAS HOOV51R, E. ��op THORrAS L..HO(1V...
q. i
FILE: FWB CFAcostsxls P,e ®e d
619A
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 1 EA $ 3,200 $3,200.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00
Subtotal $3,200.00
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 $3,200.00
DEVELOPERS COST: $3,200.00
CFA CODE # 2007042
Cabaret North Future Improvements
Fort Worth, Texas April 17, 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: $3,200.00
April 6, 2007
CFA CODE # 2007042
Cabaret North Future Improvements
PAGE 2 OF EXHIBIT "C"
III. STREETLIGHTS LOCATIONS:
MID-BLOCK ARTERIAL MEDIAN:
Northeast Pkwy 1
CFA CODE # 2007042
Cabaret North Future Improvements
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 zero (0) intersections at a cost
to the Developer of$0.00:
(Existing street name signs)
Cabaret North Future Improvements
CFA code: 2007042 April 6, 2007
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PREPARER/ENGINEER OWNER/APPLICANT W�
THOMAS HOOVER ENGINEERING, LLC COWTOWN NORTH DEVELOPMENT, LP
1361 W. EULESS BLVD.. SUITE 99 1908 EVERMAN PARKWAY
EULESS, TX 76040 FORT WORTH, TX 76140
817/571-7574
PHONE
H NE 817/480-4103 PHONE
FAX
THOMAS HOOVER ENGINEERING, LLC ,
1361 W. EULESS BLVD, SUITE 99 CABARET NORTHf � .
EULESS, TEXAS 76040Ul u �e:f
(817) 571 —7574 PH. (81 7) 571 —7564 FAX CASE: FS-007-010 '�' .. ,
DRAWN MER CHECKED TLH •`
REVIEWED MO PROJECT NO. 02-01904 EXHIBIT 1
PROJECT LOCATION MAPp'�
• DATE APRIL 2007 SCALE N.T.S.
w /2 " FIR
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>� 3
LOT 2 BLOCK 1
W Q p CABINET A. SLIDE 5782
- P.R.T.C.T.
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MARK IV BUSINESS PARK a0 Q
PHASE A-R OAKWOOD MOBILE HOMES, INC
d 4.1805 ACRES
VOLUME 388-140, PAGE 20
LwSIADEWALK
R CC;� D199306985 LOT 1, BLOCK 1
27.1aCMD.R.T.C.T. 820 MARK IV ADDITION
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VOLUME 388-140, PAGE 20 1 256.5' 260.3' SSMH?
27.7
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OWNER: FACEY ENTERPRISES
NV LTD. ? EXIST, 10' UTILITY EASEMENT
VOLUME 13036, PAGE 113 OLUME 388-137
PAGE 40 & 41
w D.R.T.C.T.
100-YEAR FLOODPLAIN ACCORDING TO
TARRANT PANEL NO.�8438CO280 J TEXAS �OOD DATEDURANCE RATE AUGUST 23 MAP
2000
Y (LOCATED BY CONTOUR INFORMATION)
LEGEND 0 80 760
® PUBLIC PAVEMENT
PRIVATE PAVEMENT
Scale 1" = 80'
THOMAS HOOVER ENGINEERING, LLC Cw
1361 W. EULESS BLVD, SUITE 99 CABARET NORTH
EULESS, TEXAS 76040
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DRAWN MER CHECKED TLH ���
REVIEWED PROJECT No. EXHIBIT B ��"� ••- ,, 4
MO 02-01904
DATE SCALE STREET PAVING CFA
APRIL 2007 1 " = 80' /
/2 • FIR
W/CAP
> 3
w` r s LOT 2 BLOCK 1
x ¢ p CABINET A. SLIDE 5782
P.R.T.C.T.
LOT 1, BJPAGE
MARK IV BUSQ tD OAKWOOD MOBILE HOMES, INC.
PHASEO ; 4.1805 ACRES
VOLUME 388- 1/2 FIR CC#' D199306985 LOT 1, BLOCK 1
2 27.11 W/CAP (CM) D.R.T.C.T. 820 MARK IV ADDITI(
OWNER: J. C) c CABINET A, HANGER 4
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VOLUME 388-140, PAGE 20 31 11 256.5' 260.3' SSMH. `
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OWNER: FACEY ENTERPRISES
NV LTD. ? EXIST. 10' UTILITY EASEMENT
VOLUME 13036, PAGE 113 ao VOLUME 388-137
PACE 40& 41
w D.R.T C.T.
100—YEAR ROODPLAM ACCORDING TO
TARRANT COUNTY, TEXAS FLOOD INSURANCE RATE MAP
PANEL NO. 48439CO250 J DATED AUGUST 23. 2000
m (LOCATED BY CONTOUR INFORMATION)
LEGEND
PROPOSED PUBLIC) STORM DRAIN 0 80 160
PROPOSED PRIVATE) STORM DRAIN
EXISTING STORM DRAIN
Scale 1" = 80'
THOMAS HOOVER ENGINEERING, LLC %� $'�
1361 W. EULESS BLVD, SUITE 99 CABARET NORTH
EULESS, TEXAS 76040 .a.
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REVIEWED MO PROJECT N0. 02-01904
DATE SCALE STORM DRAINAGE CFA
APRIL 2007 1" = 80' i
s W /2 *FIR
N W/CAP
> 3
LOT 2 BLOCK 1
w Q p N CABINET A, SLIDE 5782
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VOLUME 388-140, PAGE 20 4.1805 ACRES
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VOLUME 388-140, PAGE 20 1 256.5� 260.3� SSMH?
27.7
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OWNER: FACEY ENTERPRISES U
NV LTD. ' EXIST. 10' UTILITY EASEMENT
VOLUME 13036, PAGE 113 VOLUME 388-137
PAGE 40 h 41
N D.R.T.C.T. FLOOD 7C ACCORDING TO
TEXAS FLOODIRNCEATE I
MAP
PANEL NO. 46439CO280 J DATED AUGUST 23, 2000
r - (LOCATED BY CONTOUR INFORMATION)
LEGEND 0 80 160
PROPOSED STREET LIGHTS
EXISTING STREET LIGHTS
Scale 1" = 80'
THOMAS HOOVER ENGINEERING, LLC THERE ARE NO
1361 W. EULESS BLVD, SUITE 99 CABARET NORTH PROPOSED STREET
rl EULESS, TEXAS 76040 LIGHTS FOR THIS
(817) 571 -7574 PH. (817) 571 —7564 FAX CASE: FS-007-010 PROJECT.
DRAWN MER CHECKED TLH
REVIEWED M PROJECT N0. 02-01904 EXHIBIT C
O
STREET LIGHTS & SIGNS CFA
DATE APRIL 2007 SCALE 1" = 80,
/2 'FIR
4
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V
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w Q o P.R.T.C.T. T
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is 27.1
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OWNER: J. RUSSEL FOX 0 C
VOLUME 13631, PAGE 413 V
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VOLUME 5877.PAGE 78 00
(68' ROW) 1 J2 • FI 0.R.T.C.T. n
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VOLUME 388-140, PAGE 20 1
27.75
C
OWNER: F ENTERPRISES
NV LTD. EXIST. 10' UTILITY EASEMENT
NV L VOLUME 388-137 '
VOLUME 13036, PAGE 113 'w I PAGE 40 h 41
x 100-YEAR FLOODPLMN ACCORDING TO
w TARRANT COUNTY, TEXAS FLOOD INSURANCE RATE MAP
D.R.T.C.T.
I PANEL N(. 48439CO230 J DATED AUGUST 23, 2000
LOCATED BY CONTOUR INFORMATION)
p
LEGEND 0 80 160
PROPOSED TRAFFIC SIGNALS
, — EXISTING TRAFFIC SIGNALS
Scale 1" = 80'
THERE ARE NO
THOMAS HOOVER ENGINEERING, LLC CABARET NORTH PROPOSED TRAFFIC
1361 W. EULESS BLVD, SUITE 99 SIGNALS FOR THIS
EULESS, TEXAS 76040 CASE; FS-007-010 PROJECT.=LJI (817) 571 —7574 PH. (817) 571 -7564 FAX
DRAWN MER CHECKED TLH
EXHIBIT C- 1
REVIEWED MO PROJECT NO. 02-01904
TRAFFIC SIGNALS CFA
DATE APRIL 2007 SCALE 1" = 80'