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Home My WebLink AboutContract 32499 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract NoZ WHEREAS, GREENWAY-WESTERN CENTER, L.P., hereinafter called "Developer", desires to make certain improvements to GREENWAY WESTERN CENTER, 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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. 401 J ;lGt,1PIK? c Greenway Western Center-Newer CFA 4% Jnd Utilities 09 13 05 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 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 iniuries, 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 and easements across property owned by Developer re uired. to Greenway Western Center-Newer CFA 4% and Utilities 09 13 05 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: Water (A)None; Sewer (A-1) None; Paving '(B)Attached Storm Drain (B-1)Attached. M. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. Il. 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 Band B 1. 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 Band B 1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 10,967.84. Greenway Western Center-Newer CFA 4% Rid Utilities 09 13 05 SUMMARY OF COST Greenway Western Center Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $6,546.00 6,546.00 2. Storm Drainage $4,000.00 4,000.00 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 421.84 421.84 TOTALS 10,967.84 $ - 10,967.84 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. Greenway Western Center-Newer CFA 4%and Utilities 09 13 05 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, by rum said D er has executed this instrument in triplicate, at Fort Worth, Texas this the I of ,2005. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director ity o Wo Marc Ott ENO M&C REJQUIRED Assistant City Manager ATTEST: Marty Hendrix City Secretary App ed as to Form: ssis t 9fty Attorney l ATTEST: e ':�vV,.UJly U�uti: d R VED Corporate Secretary S'�C.,o"L51L�d�'. 'n'➢ GL c Greenway Western Center-Newer CFA 4%end Utilities 09 13 05 DEVELOPER: Greenway-Western Center, L.P. A Texas limited partnership By: Blue M GP, LLC A Texas limited liability company General Partner By: Name: i/�/�/ J Title: Ila n.aV�:UIW9 UISG, Greenway Western Center-Newer CFA 4% dnd Utilities 09 13 05 PBury Partners Bury&Parma-DFw,Inc. E N G I N E E R I N G S O L U T I O N S 5310 Harvest H11 Road,Suite 100 Dallas,Texas 75230 Tel 9721991-0011 Fax 972M91-0278 ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST PROJECT: Sonic Drive-In(Blue Mound) PROJECT NO: 30405-01 CLIENT: Greenway Investment Company DATE: September 12,2005 ESTIMATE PREPARED BY: BA/SMH Note:Estimate only Includes proposed paving/drainage Improvements fo a Community Facilities Agreement between the City of Fort Worth and the developer. PAVING EXHIBIT 8 DESCRIPTION QUANTITY UNIT COSTIUNIT TOTAL COST *Sawcut Existing Pavement 110 LF 2.00 220 *Remove Existing Pavement 25 SY $ 40.00 $ 1,000 *Dowel to Existing Pavement 100 LF $ 3.00 $ 300 6-inch Reinf.Conc.Pavement 3500 i 80 SY 22.00 1,760 6"Lime Stabilized Sub-grade 801 SY $ 2.25 $ 180 6%Hydrated Lime 1.11 TON 1 $ 105.00 $ 116 6"Integral Concrete Curb 85 LF $ 2.00 $ 170 4'Sidewalk 1501 LF $ 14.00 $ 2,100 Type I Sidewalk Ramp 21 EA 1 $ 350.00 $ 700 'Unk Aim naprmWean CFA Checkbt Paving Subtotal: $ 6,546 STORM DRAIN EXHIBIT B-1 DESCRIPTION QUANTITY UNIT COSTIUNIT TOTAL COST *Remove EAsting Inlet 1 LS $ 500.00 $ 500 10'Recessed Inlet 1 EA $ 2 200.00 $ 2,200 *Pipe to PiDe Wye Connection 1 EA $ 400.00 $ 400 24"RCP 20 LF 44.00 880 Trench Safety 1 201 LF 1 1.00 20 'UnRP+ICotoprowWow CFA Chodd'st Storm Drain Subtotal: $ 4,000 DESCRIPTION TOTAL COST Transportation&Public Works P Department Paving Exhibit B 6,546 Storm Drain Exhibit B-1 $ 4,000 TOTAL ESTIMATED TPW COST TPW Subtotal: I $ 10,546 Notes: 1. The Preliminary Opinion of Probable Construction cost is made by an engineer,not a professional cost estimator or construction contractor. The accuracy of the estimate is not guaranteed. 2. Paving and Storm Drain unit prices are based on City participating CFA unit prices. 3. Based on Preliminary Civil Plans dated August 30,2005. Page t of 1 i r ----------------------------------- m_ ti NflN LANE t gag TUR4 LANE ....�_ * 0 A a � � � ve FTW WATER MAP 2043-432W • •" OWU ITY FACILITIES/ FULL DEPTH SAWCUT AND REMOVE EX a°m- AGREEMENT (CFA) \ CONC CURB & GUTTER AND INLET. z Deno I IMPROVEMENTS PROPOSED CONST 40' CONC DRIVE APPROACH PER -----------------_ _ DRIVEWAY CITY OF FORT WORTH STD PROPOSED 35 LF SPEC aTI _NU OR CONSTRUCT_ION. Z a OF 4' SIDEWALK MATCH EXISTING E�VATfONS:— _—'— Z n •O 7 .n 100' WESTERN CENTER BOULEVARD EX CONC arm - r __ PROPOSED 115 LF rn PROPOSED "TYPE 1" B Q SIDEWALK RAMP OF 4 SIDEWALK UNOERDH /� ~W (I�ELECTR�C (�W Z O 'MARKER �./ Ld 13:).: Z I_—'—¢—¢wz >m low0 F Q=Ula f IZX Ooz F Lj N>-2 I- F U¢ LEGEND CITY OF FT. WORTH STANDARD PAVEMENT: SCALE: 1"-30' CONCRETE PAVEMENT PER FORT WORTH STD SPECIFICATIONS DRAWN: BPI SIDEWALK & FLATWORK: DATE: 09/12/05 4" REINFORCED CONCRETE SIDEWALK SHEET N0. FLATWORK (3.500 PSI AT 28 DAYS) W/q3 BARS ® 24" O.C.EW ON 4" AGGREGATE BASE COURSE COMPACTED TO 90% STD PROCTOR. OF 1 --–––––––––––––––—––––––––––- y4 TURN LANE —16"W FTW WATER MAP 2048-432W A STA 0 CONNE CT TO �X 24- SO INSTALL 1-24 x45!x@EkD ————JNSTALLJ= COM Y FACILITIES FL 679.38± ArREEMENZF*)—.--.--.---. z 0 MATCH EX FL IMPROVEMENTS 00 Y WESTERN CENTER BOULEVARD 0 A REMOVE EX CURB INLET EX CQNC wpm UOT AM91.1)ISBELI "I LLINE A' 8 24"SD z - F-X ON 0.88% ELEC CTRI < ir Ld Z 0 0 M 1 GA STA 0+19,24 LN 'A' fMASRKER uj INSTALL 10' C.I. PER DETAIL C5.3.4 I ———— — -- — —————-- L— 005 TIC 684.05 FL 679.55 Ca tr=O0 Ox cn>--K t ir Ucc SCALE: 1'-30' DRAWN: BPI DATE: 09/12/05 SHEET NO. OF 1