HomeMy WebLinkAboutContract 40107STATE OF TEXAS §
CITY SECRETARY CONTRACT NO, LO I Oi
COUNTY OF TEXAS §
WHEREAS, the City %J Fort Worth (y") has incorporated a "Street
Proportionality Study" (the "SPS") which describes the impact of development to the
City's roadway infrastructure; and
WHEREAS, the SPS includes the development of Ray White Road (west half)
from the intersection with North Tarrant Parkway for a distance of approximately two
hundred seventy (270) feet, (said roadway 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, Andalusia Properties, Inc. a Georgia corporation ("Owner"), is the
owner of Lot 1, Block 1, RaceTrac Addition (the "Property"), a parcel of property
consisting of approximately 2.24 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:
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 thirty-nine thousand, one
hundred eighty-seven dollars and eighty-four cents ($139,187.84),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
OFFICIAL RECORD
CITY SECRETARY
Project Name FT WORTH, TX
CFA #
Date�---�•--
(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 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
provided by this Agreement constitutes an unauthorized impact fee pursuant to Tex.
Loc, Gov't Code chapter 395.
Project Name
CFA #
Date
Executed on this A0nA day of , 2010.
ATTEST:
Marty HencJ
City Secretary
APPROVED AS TO FO
CITY OF FORT WORTH
BAR � �� By:
G
�a*ooppOOpOo% Fernando Costa
�$� a ip Assistant City Manager
CIAO
p O z of
=,�FbWNER: Andalusia Properties, Inc.
3225 Cumberland Blvd.
Atlanta, Georgia
Assistdpl City Attorney
By:
Title:
TRANSPORTATION AND PUBLIC WORKS
DEPARTMENT
By: �
William A. Verkest, P.E.
Director
Project Name
CFA #
Date
OFFICIAL RECORD
CITY SECRETARY
FT. !NORTH, TIC
STATE OF TEXAS §
COUNTY OF TARRAN I §
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 A1,917L 2M� .
�= EVONIADANIELS
yi MY COMMISSION EXPIRES
July 10, 2013
STATE OF GEORGIA §
COUNTY OF FULTON §
OF OFFICE this / day
otary Public, State of Texas
My Commission expires:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Georgia, on
this day personally appeared MJyO C ,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.
ID
•
0SSION�A
DEC.
16
2012
q�6CO,
,G�OQCti.N��``
OT4 ny iP t V \
Project Name
CFA #
Date
AND SEAL OF OFFICE this_day
My Commission expires:
Df}'COSKIE• hfCINNISASSOCIATES, INC.
200 EAST ABRAbf STREET
ARLINGTON, TEXAS 76010
CLIENT:
PROJECT:
CITY:
DATE:
Andalusia Properties, Inc.
RaceTrac #913 5151 North Tarrant Parkway
Ray White Paving Improvements
Ft, Worth, TX
April 12, 2010
RAY WHITE ROAD PAVING IMPROVEMENTS
ESCROW FUNDS
PROJECT #
BY:
ACREAGE:
LOTS:
2460-00-01
G. DeANDA
2A
I
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT COST
AMOUNT
A.
Paving Improvements
1
7" REINFORCED CONCRETE
1427
SY
$
27,00
$
38,529.00
2
6" LIME STABILIZED SUBGRAE
1533
SY
$
3,00
$
4,599.00
3
LIME (27 lbs./SY)
20.7
TON
$
110,00
$
2,277.00
4
CONSTRUCT 6" CONCRETE CURB AND GUTTER
160
LF
$
18,50
$
2,960.00
5
SAWCUT, REMOVE, AND DISPOSE OF EX. CONCRETE PAVEMENT
248
SY
$
5,00
$
11240,00
6
SAWCUT, REMOVE, AND DISPOSE OF EXISTING SIDEWALK
66
SY
$
5,00
$
330,00
7
4'SIDEWALK
292
SF
$
3,50
$
1,022.00
8
SAWCUT, REMOVE, AND DISPOSE OF EXISTING ASPHALT
1139
SY
$
5.00
$
5,695.00
9
SAWCUT, REMOVE, AND DISPOSE OF EXISTING CURB & GUTTER
149
LF
$
8,00
$
1,192.00
10
INSTALL LOGITUDIUAL JOINT AND CONNECT TO EX, PAVEMENT
110
LF
$
10.00
$
19100,00
I I
TYPE I SIDEWALK RAMP
I
EA
$
400,00
$
400,00
12
RELOCATE EXISTING TRAFFIC LIGHT AND CONTROL BOX
I
LS
$
40,000.00
$
40,000.00
12
PAVEMENT MARKINGS AND STRIPING
1
LS
$
2,000.00
$
2,000.00
13
TRAFFIC CONTROL
1
LS
$
1,000.00
$
I,000.00
Sub -Total
$
102,344.00
Summary
A.
Paving Improvements
$
1023344,00
B.
Miscellaneous Minor Contruction Items
5%
$
51117,20
C.
Contingency
10%
$
10,234.40
D.
Design, Survey, Inspection, Materials Testing and Project Management
21%
$
219492.24
Total Escrow Amount
$
1395187.84
NOTES
I This cost projection is based on plans prepared by Mycoskie McInnis Associates,
Inc. (MMA) dated Ol/12/10.
2 Unit prices for this estimate are based on City of Fort Worth Ordinance #17967-02-2008, historic data, and
professional experience. Since MMA has no control over market conditions including the cost of
labor, materials or equipment, we can not and do not guarantee that project costs will not vary from this projection.
3 No storm drainage improvements needed for this portion of roadway.
2010-04-12 Ray White Cost Projection.xls--Phase 1 1 of 1 4/12/20t0
I
I
I �
LAZY F.INC.
VOL. 14118, PG. 297,
D.R. T.C.T.
I
II
SAWCUT AND REMOVE 223 SY i
� . �: ANDALUS/A PROPERTIES; INC,
CCU P21 ��099
LOT 1, BLOCK J
RACETRAC �TIOff
2.2� 5 ACRES L;W °
593 SQUARf7 FEET)
9.,
REMOVE 60 SY OF EXIST
° CONCRETE SIDEW
RELOCATE TRAFFIC UGHT
AND CONTROL
i
Poo
N000 -�
DATE: 02.12.10
PROJECT p: 2460-0-1 E�HIBI T 1
RA CETRA C #913 wyowmaim�dnran
DRAWN BY G. DeANDA cNovifseal "weft rds=Qi '" pimft
FORT WORTH, TEXAS tbpe registrotlon number. f — 2759
CHECKED BY A. CASCO STREET PROPORTIONALITY 2 0 0 e e at e b r e m
arlington,texas 76010
STUDY 017-469-1671
SHEET NO: 1 OF 2 1 fox: 617-274-8757
1 "-60' CONCRETE PAVEMENT, 1449 SY
OF 6" LIME STABILIZED
SUBGRADE AND 19.6 TONS OF
LIME FOR SUBGRADE
PAVEMENT, 84 SY OF 6"
LIME STABILIZED SUBGRADE,
AND 1.1 TONS OF LIME FOR
LAZY F. INC. SUBGRADE
VOL. 141181 PG. 29Z
D.R. T.C.T.
LOT 1, BLOCK 1,
ACETRAC ADDITION
240 GROSS ACRES
;583 SQUARE FEE7
�= b� 'CALLED 2.240 ACRES
� s ` ' ANDALUSIA PROPERTIES, INC,
CC#,.D2100119 9
O.P.R�T CrT.
i
i
i
° INSTALL 73 LF OF
SIDEWALK 4' WIDE
CONSTRUCT TYPE A 8
EXISTING PAVEMENT
r
m® ,11
— '
PROJECT 24600�1
DRAW BYO G. i i �_.
OWORTH,
..�.�. ,
SHEET V•