HomeMy WebLinkAboutContract 31449 e
0 -02-05A03 : 00 RCVD
AMENDMENT TO
LAND DEDICATION AGREEMENT
This Amendment totion agreement (this "Amendment") is entered
into effective as of the day of��17.20OXTthe "Effective Date"), by the City of Fort
Worth, Texas (the "City") and Hillwood Development Company, LLC f/k/a Hillwood
Development Corporation ("Hillwood").
BACKGROUND
A. The City and Hillwood entered into that certain Land Dedication Agreement (the
"Agreement") dated effective the 29`x' day of September, 1998 concerning Hillwood's provision
of certain land in Tarrant County, Texas to the City to construct a fire station.
B. The City and Hillwood desire to modify certain provisions of the Agreement and
agree to certain other matters as set forth below.
NOW, THEREFORE, for good and valuable consideration including the covenants set
forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
AGREEMENT
1. Except as specified to the contrary in this Amendment, all defined terms in the
Agreement have the same meanings in this Amendment.
2. Section L(a) of the Agreement is hereby deleted and the following is substituted
therefor:
"Subject to the time period in Section 1(c) below, at any time after the City has
appropriated funds for the construction of the Fire Station, the City may deliver a notice to
Hillwood (the "Fire Station Notice") to convey the Fire Station Site (hereinafter defined).
Hillwood at its expense has caused delivery to the City of a current title commitment and a survey
of the approximately three (3) acre site located near the southeast corner of the intersection of
Westport Parkway and Park Vista Boulevard and more particularly described on the attached
Exhibit A (the "Fire Station Site"). The title commitment and survey of the Fire Station Site are
acceptable to the City and Hillwood. Hillwood agrees to promptly, for no consideration and free
and clear of all monetary liens (other than the lien for current taxes), cause its affiliate to dedicate
and convey the Fire Station Site to the City."
3. Section L(b) of the Agreement is hereby deleted.
4. The second sentence of section L(c) of the Agreement is hereby deleted and the
following is substituted therefor:
Page I CIT`
"Hillwood's address for receipt of the Fire Station Notice is: Hillwood
Development Company, LLC, 13600 Heritage Parkway, Suite 200, Fort Worth, Texas 76177,
Attention: Mike Berry, and may only be changed upon written notice to City."
5. Section 2.(a) of the Agreement is hereby deleted and the following is substituted
therefor:
"(a) The City acknowledges and agrees that water, sewer, electricity and
telephone services are located in existing easements and street rights of way and are currently
available for tie-in or connection at the Fire Station Site. Hillwood shall never have any
responsibility or obligation to ensure that any utilities are available at the Fire Station Site, nor
shall Hillwood have any obligation to grant any additional easements to allow utilities to be
extended to the Fire Station Site. Upon closing of the dedication and conveyance of the Fire
Station Site by Hillwood to the City as contemplated by this Agreement, the City shall be solely
responsible, at its sole cost and expense, for causing all water, sewer, electricity, telephone,
natural gas and other utilities to be available for use or tie-in at the boundaries of the Fire Station
Site, to the extent deemed necessary or desirable for the City's use of the Fire Station Site. The
City's responsibility and obligation shall include, without limitation, responsibility for all
applicable costs for extending utility lines to the Fire Station Site and all applicable permits and
fees to tie in or connect the Fire Station Site to such utility lines. The City's responsibilities and
obligations pursuant to this Section 2.(a) shall survive the closing of the dedication and
conveyance contemplated by this Agreement."
6. The following provision is hereby added as Section 2.(c) of the Agreement:
"(c) Upon closing of the dedication and conveyance contemplated by this
Agreement, the City shall be responsible for the cost of construction, using Alliance Standard
requirements, of the extension of Westport Parkway along the north property line of the Fire
Station Site (the "Westport Parkway Extension"), at such time as the Westport Parkway
Extension is necessary due to development of the property in the vicinity of the Fire Station Site.
In the event Hillwood constructs or causes the construction of the Westport Parkway Extension,
the City shall pay Hillwood for such cost of construction within thirty (30) days after Hillwood's
delivery to the City of an invoice and supporting documentation reasonably acceptable to the City
evidencing such cost. The City's portion of the cost of construction for the Westport Parkway
Extension shall not exceed one hundred thousand dollars ($100,000). The provisions of this
Section 2.(c) shall survive the closing of the dedication and conveyance contemplated by this
Agreement."
7. The following provision is hereby added as Section 2.(d) of the Agreement:
"(d) Hillwood shall have no obligation to plat the Fire Station Site. Any
required platting shall be performed by the City at its sole cost and expense."
8. Exhibit A to the Agreement is hereby deleted and Exhibit A to this Amendment
is substituted therefor.
9. Exhibit B to the Agreement is hereby deleted and Exhibit B to this Amendment is
substituted therefor.
10. The Agreement, as amended by this Amendment, remains in full force and effect.
In the event of any conflicts between the Agreement and this Amendment, this Amendment shall
Page 2
v
control. This Amendment may be executed in several counterparts, all of which are identical and
all of which counterparts together shall constitute one and the same instrument. To facilitate
execution of this Amendment, the parties may execute and exchange by telephone facsimile
counterparts of the signature pages of this Amendment.
Executed to be effective as of the Effective Date.
HILLWOOD DEVELOPMENT COMPANY, LLC
By.
Nam ( inte L•R i
Title: �renior U ice
THE F T WO H EXAS
By:
Name (printed): /MarzkOtt
Title: Ass ant City Manager
APPRO0 FORM AND LEGALITY:
As istan 0C it rney
ATTEST:
,c,ntrac . Authorization
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EXHIBIT B
RESTRICTIONS AFFECTING THE FIRE STATION SITE
City and Hillwood agree:
1. The restrictive covenants to which the Fire Station Site will be subject (the
"Declaration") shall be substantially similar to the Declaration of Covenants, Conditions and
Restrictions for Alliance Gateway-Phase I (as supplemented) attached hereto, except that such
restrictions shall provide that so long as the Fire Station Site is owned by the City and operated as
a fire station, serving the public and other facilities to serve City-designated administrative and
office purposes, only the following provisions of such restrictions will apply to the Site:
a. Article VI—Development Review Board
b. Article VII— Development Covenants
C. Article VIII— Easements
d. Article IX—Maintenance by Owners
e. Article X—General Provisions
2. Notwithstanding the foregoing, the Development Review Board created pursuant to the
Declaration may subsequently adopt Development Guidelines that are substantially similar to
those in effect on the date of the Land Dedication Agreement and which are in accordance with
Section 5.03(m) of the Declaration,
3. Without limiting the provisions of paragraph 1 above, so long as the Fire Station Site is
owned by the City and operated as a fire station, serving the public and other facilities to serve
City-designated administrative and office purposes, the City shall never be subject to any
assessments or fees under the terms and provisions of the Declaration.
[Attach Alliance Gateway—Phase I restrictions]
Page 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/17/2005
DATE: Thursday, February 17, 2005
LOG NAME: 20STATION38 REFERENCE NO.: **L-14030
SUBJECT:
Authorize Execution of Amendment to the Land Dedication Agreement between the City and
Hillwood Development Corporation for the Fire Station 38 Site
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to the Land
Dedication Agreement with Hillwood Development Corporation that will change the site to be dedicated by
Hill wood for the location of the new Fire Station 38.
DISCUSSION:
On September 29, 1998 Council passed Resolution number 2457 accepting from Hillwood a three acre site
near the northeast corner of Old Denton Road and State Highway 170 to be the location of the new Fire
Station 38 in the Alliance areas The construction of Fire Station 38 area was approved as a part of the
1998 bond package.
Subsequent to the execution of the original Land Dedication Agreement, the Fire Department determined
that a location to the east of the Old Denton Road site would significantly improve their response time to the
surrounding community. A three acre site at the southeast corner of Park Vista Blvd and Westport Parkway
was identified as acceptable to both Hillwood and the City of Fort Worth. The amendment to the Land
Dedication Agreement recommended by this M&C will exchange the original site for the preferred site.
The amendment also provides that the City shall be responsible for the cost of construction of the extension
of Westport Parkway along the north property line of the Fire Station site. On May 18, 2004, (M&C G-
14363) City Council approved the use of the Capital Projects Reserve Fund for this purpose.
The timeline for construction is currently projected as follows:
- Early Spring '05 - Complete design
- Early Summer'05 -Award construction contract
- Summer'06 - Complete construction.
Both the original site and the preferred site are in Council District 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 20STATION38 Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by.
Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Greg Simmons (7862)
Lo-name: 20STATION38 Pav-e 2 of 2