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Home My WebLink AboutContract 31189 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.ss� IaO WHEREAS, The Estates of Eagle Mountain, Ltd., hereinafter called "Developer", desires to make certain improvements to The Ranch at Eagle Mountain Nine, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Desoto Wild Wood Development, Inc., its duly authorized General Partner, and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of th N n_CFA with Revised 4% 1 Eagle Ranch 9 °�'November 18, 2004L -',': r F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). I. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. CFA with Revised 4% 2 Eagle Ranch 9 vJ�w�' November 18, 2004 Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B 1, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, 131, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, ........................... construction and inspection is estimated to $..: Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 242,746.00 $ 242,746.00 2. Storm Drainage $ 91,045.00 $ 91,045.00 3. Street Lights $ 30,800.00 $ 30,800.00 4. Street Name Signs $ 600.00 $ 600.00 B. Engineering Design C. Construction Engineering and Management by DOE (4%) $ 14,147.00 $ 14,147.00 TOTALS $ 223,302.00 1 $ -Is 223,302.00 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. CFA with Revised 4% 3 t Eagle Ranch 9 November 18, 2004' v 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 Developer has executed this instrument in triplicate, at Fort Worth, Texas this the 18 day of November, 2004. Approval Recommended: ATTEST: Transportation and Public Works Department �L7 Mariy i-iendrixu Robert Goode, P. E. City Secretary Director y �s f Fo W o Contract Authorizatioa °m arc Ott Date Assistant City Manager Approved as to Form: Assistant ity Attorney ATTEST: The Estates of Eagle Mountain Ltd. By: Desoto Wildwood Development. Inc. Corporate Secretary By: Ga President TV RECEIVED CFA with Revised 4% 4 NOV 18 2004 Eagle Ranch 9 November 18, 2004 4 • PROP 4' I, PROP 4' I —i SIDEWALK SIDEWALK PROP 4' II 1 I SIDEWALK I ( i I°........... .. .. ..... `, ' I ® PROP 4' q �, PROP 4' ! £3 i SIDEWALK +I I Ili SIDEWALK ' f { *?: . PROP 4' . , ice , ' j , ® , SIDEWALK j PROP 4' O p) I I I JII I SIDEWALK j 1\ t. PROP 4` : f..:...... _. SIDEWALK LEGFNn PROPOSED BLOCK 16 ND.�4' -�� t. Sidewalk Location is Approx. cricrete 5idewalks Along Eagle Ranch Blvd. _ C,10P4 Dolhart Drive to be Constructed by �`?) ,Fa hg Contractor. '1. 4' w crete Sidewalks Along Tin Star, Silver City. EAGLE ONE SNGINEEELS INC. {lo do, and Fools Gold Drive to be Constructed EXHIBIT tB" - `-H ebudder. PAVING FACILITIES r. suBwTEn: Bcc xowR� DEN wm Br uo THE RANCH AT EAGLE MOUNTAIN NINE a.,,. - ORAYN BT: 0V TARRANT COUNTY °"R E,Ra �" Zoa. aR�c r eT: J PBra Ex. 24' RCP tPROP 36-1 T. , i P ; 7. 1! , 1 PROP ;f fl-RCP Pkop 142' RCP 24' RCP P24' RCP TINS TAR DRIVE PROP R PROP - 1, W , 1 4' RC.P PROP 2 42' RCP F il� % 24-, RCP PROP 42'- RCP @ PROP 30' RCP SILVERCITYORIVE �Y 7---------a I .. .... .... . ...... -------------- ----- .... ...... : I �� .13--.., 1 :.......... ... iii: L-PROP 30' RCP ............... .................................................... ..... ............... .... ................... .......... .. ........ ................. .. ......... ......... ... ...... ........... .. ........ ........ LEMW PROPOSED STORM SEWER W/ !NL1-- STORM SEWER W/MANHOLE KEE, ID CM3 cn, EAGLE ONE ENGINEER. INC. EXHIBIT"B-1" STORM DRAINAGE SYSTEM SUBMITTED'.OM 2004 DM .0 THE RANCH AT EAGLE MOUNTAIN NINE goo DRAWN DSP TARRANT COUNTY DATE.UMCM.20D+ SHEET NO fl ur, 1 ... �\ AlIN STAR DRIVE T F j,Ell I V Ii Q I ii i i i j I I y i ' - - w ILVER CITY DRIVE �" � I I �.I • I � � � � I i � � , i � j _..« ^;„...., ...... 0 P v: ................... ....... ................... ..... • RaP�O$Ep r.....=.......... .... ........ ..... .. _ .s PRO 0 EJ FE LIGHT , EAGLE ONE ENGINM, INC. N i EXHIBIT"C" STREET LIGHTS/STREET SIGNS sijw-,m:DEC,2004 DES ED BY:"" THE RANCH AT EAGLE MOUNTAIN NINE �"" ''°° °"""B, N DAIS:MARCY,2OD4 SHR7 NO TARRANT COUNTY S+�Br. iBND Summary of Costs The Ranch at Eagle Mountain Nine 29-Mar-04 Revised 11-5-04 ITEM DEVELOPER COST CITY COST TOTAL COST A. Construction 1. Water $ 102,566 $ - $ 102,566 2. Sanitary Sewer $ 107,660 $ - $ 107,660 3. Streets $ 242,746 $ - $ 242,746 4. Storm Drainage $ 91,045 $ - $ 91,045 5. Sidewalks $ 19,883 5. Street Lights $ 30,800 $ - $ 30,800 6. Street Name Signs $ 600 $ 600 B. Engineering Design $ - $ - $ - C. Construction Engineering (*) $ 4,205 and Management by DOE (2%Water/Sewer Inspection Fee) $ 4,205 (4%Storm/Pav Inspection Fee) $ 14,147 TOTALS $ 613,652 $ - $ 579,622 Notes: 1. All Preliminary Plats filed after July 11,2000 will require sidewalks on all streets. Forty-two(42)feet and wider streets include sidewalk cost. 2. Construction items(1-6)are based on contracts let by developer 3. Developer's and City's column for Item C represents two percent(2%)costs for construction inspection and materials testing. (*) Represents City participation for construction fees. 4. City not preparing plans and specifications. CFA CODE: RECEIVED 7�a L 1 EXHIBIT"B" The Ranch at Eagle Mountain Nine Paving and Grading Developer's Cost Breakdown 29-Mar-04 ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST I G . 1 6-inch Concrete Pvmt. SY 10617 19.95 $ 211,809.15 2 Hydrated Lime(30 lbs/SY) Ton 187 81.00 $ 15,147.00 3 Subgrade Manipulation SY 10974 1.40 $ 15,363.60 4 Connect to existing pavement LF 58 7.35 $ 426.30 TOTAL ON-SITE PAVING $ 242,746.05 EXHIBIT"B-1" The Ranch at Eagle Mountain Nine Drainage Facilities Developer's Cost Breakdown 29-Mar-04 ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST I. tan-Site Drama 1 24"RCP Storm Sewer LF 156 46.00 $ 7,176.00 2 30"RCP Storm Sewer LF 311 61.20 $ 19,033.20 3 36"RCP Storm Sewer LF 17 80.60 $ 1,370.20 4 42"RCP Storm Sewer LF 280 107.00 $ 29,960.00 5 48"RCP Storm Sewer LF 98 127.10 $ 12,455.80 6 10'Curb Inlet EA 5 2310.00 $ 11,550.00 7 15'Curb Inlet EA 1 3080.00 $ 3,080.00 8 4-ft Diameter Storm Manhole EA 1 2200.00 $ 2,200.00 9 5-ft Diameter Storm Manhole EA 1 3300.00 $ 3,300.00 10 Connect to Existing Sewer EA 1 661.20 $ 661.20 11 Trench Safety LF 862 0.30 $ 258.60 TOTAL DRAINAGE $ 91,045.00 / ' EXHIBIT"C" The Ranch at Eagle Mountain Seven Street Light Facilities Developer's Cost Breakdown 2o'xxur'o4 ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST (See Note No. 1) EA 14 2200.00 F7 30,800.00 TOTAL STREET LIGHT FACILITIES $ 30,800.00 Sidewalk Facilities Developer's Cost Breakdown 29-Mar-04 ITEM DESCRIPTION UNIT QUANTITY FMT COST TOTAL COST I Handicap Rarrip(See Note No.2) EA 6 350.00 2,100.00 2 4'Sidewalks(See Note No.2) SF 5932 2.90 17,202.90 3 6'Sidewalks(See Note No.2) SF 200 2.90 $ 580.00 TOTAL SIDEWALK FACILITIES $ 19,882.8 Street Signs Developer's Cost Breakdown 29-Mar-04 ITEM DESCRIPTION UNIT QUANTITY UNTIT COST TOTAL COST TOTAL STREET SIGNS $ 600.00 Notes: 1 Unit cost for street lights include cost and installation of underground conduit and pole bases. City io responsible for cost and installation of all wiring and street|kJhtfidueo. 2 Sidewalks and ramps to be constructed by individual homebui|dero. Financial guarantee to be provided by individual homebui|densot time of home construction. 3 City will be responsible for all cost and installation of standard street name signs on public streets. I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 4 EA $ 2, 000 $8, 000 . 00 MID-BLOCK RESIDENTIAL 8 EA $ 2, 000 $16, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 .00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00 Subtotal $28,000 .00 City' s Cost $00, 000 . 00 Developer' s Subtotal $28,000 .00 10% Contingencies $2, 800 .00 Project Total $30,800 .00 Adjacent Developer' s Cost $0,000 .00 Developer' s Cost $30,800 .00 2% Inspection Fee $0,00 .00 DEVELOPER' S COST. $30, 800.00 THE RANCH AT EAGLE MOUNTAIN NINE June 16, 2004 Fort Worth, Texas November 5, 2004 PAGE I OF Exhibit C II. STREET LIGHTS 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 will install all the streetlights that use overhead or underground conductors on residential, and collector streets. the developer agrees to pay the city the amount shown below prior to the City starting it' s design efforts. 4 . Streetlights on arterial streets shall be installed with underground conduit and 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 operation of the street lights 6. The estimated cost of this street light installation is detailed on page 1 of exhibit C and is summarized below, the street lights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPER' S COST: $30,800.00 THE RANCH AT EAGLE MOUNTAIN NINE June 16, 2004 FORT WORTH, TEXAS Page II of Exhibit C tilt v � . . 1. iv 1.J III. "STREETLIGHTS" INTERSECTIONS EAGLE RANCH BLVD & TIN STAR DR 1 j SILVER CITY DR & HONDO ST 1 FOOLS GOLD DR & TIN STAR DR 1 �r SILVER CITY DR & DALHART DR 1 MID - BLOCK SILVER CITY DR 3 TIN STAR DR 5 CHANGE OF DIRECTIONS FOOLS GOLD DR 1� HONDO ST 1 THE RANCH AT EAGLE MOUNTAIN NINE Page III 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 $100 . 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 six (6) intersections at a cost to the Developer of $600. 00 : Tin Star Dr & Eagle Ranch Blvd Tin Star Dr & Fools Gold Dr Tin Star Dr & Hondo St Silver City Dr & Fools Gold Dr Silver City Dr & Hondo St Silver City Dr & Dalhart Dr The Ranch at Eagle Mountain Nine CFA code: 2004069 Date: June 18, 2004 FY,