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Home My WebLink AboutContract 37672STATE OF TEXAS § CITY SECRETARY CONTRACT NO, CP COUNTY OF TEXAS § WHEREAS, the City of Fort Worth ("City 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 Ray White Road from its existing west edge of pavement widening towards the west for a distance of approximately fib (50) feet, and Ray White Road from in between the north and south Property lines of the proposed Goddard School lot for a distance of approximately one hundred forty (140) 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, MDJ DEVELOPMENT., a Texas LIMITED LIABILITY COMPANY ("Owner'), is the owner of Goddard School 1.105 acre tract of land situated in the Eli W. shiver Survey abstract no 1455 (the "Property"), a parcel of property consisting of approximately 1_1 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 NINTEEN THOUSAND SIX HUNDRED SEVENTY SIX Dollars and 14/100's ($ 19,676.14), 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: z- Project Name CFA # Date (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) 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 Cl" 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 Ray White 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 Ray White 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 Project Name CFA # Date provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex. Loc. Gov't Code chapter 395. Executed on this '� - day of , 2008. ATTEST: Marty Hendk�x City Secretary APPROV Assista RM CITY OF FORT WORTH Fernando Costa AtfiM Assistant City Manager OWNER: MDJ By: ayW/ Michael ;f Title: President TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ent, LLC nson OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Project Name CFA # Date STATE OF TEXAS § Fernando Costa Assistant City Manager COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared AdaLcAMtt, 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. • , A,m PIPM C • i �A , STATE OF TEXAS § COUNTY OF TARRANT § AND SEAL OF OFFICE this a & day HETTIE LANE MY COMMISSION EXPIRES July 2&, 2011 My Commission expires: BEFORE ME, the undersigned authority, a Notary�ublic in and for the State of Texas, on this day personally appeared icha� �) a ,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 My Commission expires: raject Name CFA # Date ^'® Goddard School 3hiver & Ray White Rds 1�� S6Ver + � \ z ^ s , / / VVSUFZWY § ~ «ate e z . , § _4_ OPA�S j I j j 7771 , : : ., : : , : 8 , _F � G K m ,WSJ 0dard Vol CITY FUTURE WIDENING w L t � 1 a I FUT R MEDIAN BY CITY QI PROPERTY LINE _ r I. II EKIST. CURB 8 GUTTER I 1 I -- -_ _. _ - - L.J I - i C= I� �Dcr a ' I�w 0 a n FUTURE 4' S DEWALK OF E01% sees *_ .�. *./ r... • t RICHD Q CF►E. j4 0CENS��' \s, EKH1811 PAVING CITY OF FORT WORTH CITY OF FORT NORTH SAN SEVER MAP of 2066-448S WATER MAP y 2066-448W 8 CITY d1TURE iiiGENING r FUT-IR MEDIAN 'BY PITY PROPERTY LINE t EYiST. CURS Z 6�JTiE?i ui F— o5%;5fi'1 3 EXsilLlt( `$° PAVINly Si xLt z'HU"-9' (z5N rT7'r t+r iffiT �;�t3t _ S:W :£iY:ft V;F ; 2.'ic'c-4g65 wa TER MAP a 2066-448W Engineer's Opinion of Probable Cost Paving: Pay Item Description Quantity Unit Unit Price Cost 1 Lime for Stabilization 6 TONS $ 105900 $ 630.00 2 6" Lime Stabilized Subgrade 435 SY $ 225 $ 978.75 3 7" Concrete Pavement 435 SY $ 25400 $ 107875.00 4 6" Curb Install 236 LF $ 2.00 $ 472.00 5 4' Sidewalk 108 LF $ 14.00 $ 1 ,5 12900 Subtotal $ 149467*75 5% minor construction items $ 723.39 10% construction contigency $ 1,446.78 21% project deliver cost $ 3,038*23 Total $ 199676.14