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Home My WebLink AboutContract 45692 STATE OF TEXAS § CITY SECRETARY CONTRACT NO. COUNTY OF TEXAS § WHEREAS, the City of Fort Worth ("City") 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 from the northwest point of the Future Park Vista Blvd and Ray White Road Intersection to a point 900.59' west along the frontage of Sanctuary of Bear Creek, (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, D.R. Horton-Texas, Ltd., a Texas corporation ("Owner"), is the owner of The Sanctuary at Bear Creek Ph. 1 (FP-14-001) (the "Property"), a parcel of property consisting of approximately 12.643 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. M 2. C-) M Owner has paid to the City the sum of forty five thousand, nine hundred and forty one m dollars and sixty one cents ($45,941.61), 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 M Texas Transportation Code; and M M %-- OFFICIAL RECORD ' I\D Project Name O CFA# V&h 1J\ a/!Tnrwail 7Y6` b, ry 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 IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed,and said D(��eloper has ,e;Cwd this instrumoit in tmdruplicate,at Fort Worth,Texas this day of 2011 CITY OF FORT WORTH Recommended y® Approved by City Manager's Office Developer D.R. Horton -Texas, Ltd., A Texas Limited Partnership By D.R. Horton, Inc., A Delaware corporation, Its authorized agent Fernando Costa N, e: Don Allen Assistant City Manager Ti e: Assistant Secretary Transportation &Public Works Department P.E. Dougla . Wiersig, Director Approved as to Forrn & Legality Aw 17" Douglas W. Black Assistant City Attomey ATTEST: w. 'A lk to 181 M ary J. K 0 Crty re 061,06 qp y .0 1111110 1,('00 EOFFICIAL RECORD C;T Project Name CITY"'SECRETARY CFA Date WOU11111 TX STATE OFTEXAS § COUNTY OF TA ANT § BEFORE ME, the undersigned authority, a Notary Public in and for the to 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 this_Z)7 day of v ( ............ 20L� ..,Notary Public, to of Texas . y Commission expires® ................. S i iemn- h es STATE OF I]::,-XAS § COUNTY OF TARRANT § BEFORE ME, the undersig„ne autho rity, a Notary Public in arid for the State of Texas, on this day personally appeared ...... *Y— wi kno i 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. -44- GIVEN UNDER MY 11AND AND SEAL, OF OFFICE this_. day Of ............................ otary Public, State of'Texas S 2DIS my C10 mission expires: Project Navne CFA# Date Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Location Map ® Exhibit A: Legal Property Description ® Exhibit B: Paving Improvements ® Paving Estimate ❑ Exhibit B-1: Storm Drain Improvements ❑ Storm Drain Estimate ® Exhibit C: Street Lights and Signs Improvements ® Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) Project Name CFA# Date ~ KI NGL VINE NJA 1011 NO. THE SANCTUARY AT BEAR CREEK PAPE-DAWSON DESIGNER FORT WORTH, TEXAS SWTE 07 FAX @?ZM.3W9 w xvcu w W UNISIVA&W000 ZY"d XU 09 CVOV 299 N ,U it .o 04 No 02=01 W vw4woonwb was W awsm j 3 CON00 8 2ZDMNMXR k fVSKSMI V 004 040 PUTTIA 5410 008 0041 All ''O N A "04100040 9 Sam" . d J V OIL 40 � ' 040900 x 120002hu 1 Mwo v v0d J `mw '0' ' 1410403 It voi I 1", 1019 jo 10MV1010 A 01011,60 ou I' ` WMXA MAX ,T 141000* IV w '0 00,00 40 230VASIG v 's MoUM P IZANUSU 00 I AV040-A LI ° SWMAS 006, 12KII AU-0-4001� 01111A60#0#00 I XU V 0' ' *pvnoq pop um Aq p*qjx,4w-vV, buloq O' 3 AVOMOD al Pops0ows air » . iry W 00fl, '� log w r , 0000 011 ;0 ' 0694 NMI '` so -1 I* joerl 104Z 10 11 0d v 66164 PCs **r � * * 202 0AMaxes Awls ° ' � "t m a " Nop 043 my 1 ' s o 2"23 P" Molt ,;, ~ FUTURE PHASE 11 ANGUILLA LANE VIEQUES LANE PHASE I TOMLA.LANE RAY WHITE ROA0 LEGEND FUTURE 4' SIDEWALK JOB NO. �THE SANCTUARY AT BEAR CREE dPAPE-DAWSON DME ENGINEERS FORT WORTH, TEXAS CHECKED-2LX-X DRAWNXV, sw r&vr SrAwne Sr. FORT NMM ?EMS 76102 1 PME'817 87a-M" 1 Mir 827 F" 617.8m3M9 SHEET, 1 of 1 PROXAM IN6, 'A R SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Bi,U,,i Irene No, Sl—d—t-S,vn- Una of 1hd Ni,. mm".". Q.4,61y U.n Pm Bid V.h. ................ 4'Sidewalk,Complete in Place for the Sum of: 3213.0301 .......... . ............Dollars& 32 1320 S.Y. 353 Cents per Square Yard $27.00 $9,531.00 -:±1110%Constniction Contingency $953.10 %project delivery costs -1-—=-, $2,001.51 TOTAL-FUTURE PAVING IMPROVEMENTS $12,40.61 _7J EFultut rovvnwnts l—Te—S—fl,9111 pwj.x hen"Dff—'.6- B,ddee,,F.,pmd ........................ ................. SP,xif—u..S,1u,n ljw.� Did Um PT.'. BW V.W Mlvo I.",Ni, Downt,fiar N,,. W.5— 4Nurynnaiay ............... I OGW HPS PC Lighting Fixture,Complete in Piece for 3441.3101 the Sum of:: — Dollars& 3441 20 EA 4 Cents per Each ............................... $3,500,00 —.114,000,00 Install Lighting Fixture,Complete in Place for the Sum 3441.3110 of Dollars& 3441 20 EA 4 ................... .............I.................-Cents per Each $2,000.00 $8,000m Adwy Illum Foundation TY1,2,and 4,Complete in Place 3441.3301 for the Sum of: IT —- Dollars& 3441 20 EA 4 ........... .. .....- Cents per Each $650 00 ....$2,600.00 ............ ............................ ............. ....— Subtotal-Future Streetlight Improvements $24,600.00 .................. ......--.- 5%,Added cost for Minor Construction $1,230.00 10%Construction Contingency $2,460.00 21%Project Delivery Costs $5,166.00 TOTAL-FUTURE STREETLIGHT IMPROVEMENTS $33,456.00 TOTAL.FUTURE IMPROVEMENTS COST ... ............. .............. ............................................. CfTY OF FOU WORIH OW ft"vd Q,da F.'.11,—,11 101[20M ^ FUTURE PHASE 11 ANGUILLA LANE PHASE I TORTOLA LANE tz RAY WHITE ROAD; LEGEND STREETUGHTS FUTUR THE SANCTUARY AT BEAR CREEK PAPE-DAWSON ENGINEERS R DESIGNER JIM- Fli FORT WORTH, TEXAS W7 FAX 617.87aW10 SHEET 1 Of 1 OKI 424N agaD R01P j5AK, K.F; d SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder®s Application .......... Future,Pavia Im�eais R,q.n h-,Infon-6.1. hup—fill Ikdk,l Re- QnWay 4"Sidewalk,Complete in Place for the Sum of: 3213.0301 Dollars& 32 13 20 S.Y. 353 Cents per Square Yard $2700 $9,531.00 10%Construction Contingency $95310 21%project delivery costs $2,061.51 TOTAL-FUTURE PAVING IMPROVEMENTS $12,485.61 Future Strcattn lat Iraprovenleats Pruiece III,-11mronnoWn ffidd&,PoP..l BOW IR..N. D—di ni- 5pex.ltl Sxh,, UW J ffid U nit krfi- B'd VA. 14", IA I.—, Qu.&Ty t OOW HIPS PC Lighting Fixtme,Complete in Place for 3441.3101 the Sum of: Dollars& 34 41 20 EA 4 Cents per Each $3,500,00 $14,000.00 Install Lighting Fixture,Complete in Place for the Sum 3441.3110 ot: Dollars& 34 41 21D EA 4 ..........—.—Cards per Each $2,000.00 $8,00000 Rdwy Ilium Foundation TY 1,2,and 4,Complete In Place 3441.3301 for the Sum of: Dollars& 34 41 20 EA 4 .......................... Cents per Each $650.00 $2,1366.66 Subtotal Future Streaffight Improvements $24,500.00 5%Added cost for Minor Construction $1,230,00 10%Construchon Contingency $2,460.00 Da""E .,Cast. [E E2I'%Project Delivery Costs $5,166.00 TOTAL-FUTURE STREETLIGHT IMPROVEMENTS ._A33,456-00 TOTAL-FUTURE IMPROVEMENTS COST (trw or a x it woll,In 5IANj),Ulan CFA-F.1 R HId b