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HomeMy WebLinkAboutContract 37477COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, ALTA FOSSIL CREEK, L.P., hereinafter called "Developer", desires to make certain improvements to Summerfields VB Lot 29 Blk 1319 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, Denton and Wise 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 and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilitesaccordance wi paragrap F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. 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). K. 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. L. Developer agrees to provide, at its expense, all necessary rights of way Cut d easements across property owned by Developer required to Summeriield VB Lot 2 Blk 131 2 CFA 2008-055 July 25 2008 Revised August 59 2008 construct current and future improvements provided for in this agreement. M. 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; Street Lights and Signs (C) None.. N. 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. II. Street and Storm Drain Facilities A. The Developers) 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 and 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 B and 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 $109,843.56 Summerfield VB Lot 2 Blk 131 3 CFA 2008-055 July 2, 2008 Revised August 5, 2008 SUMMARY OF COST Project Name Alta Fossil Creek CFA 2008-055 DOE 6027 Item Developer Cost City Cost Total Cost A. Construction 1. Streets $ 89,785.00 $ 89,785,00 2. Storm Drainage $ 13,841400 $ 13,841.00 3. Street Lights Inspection 4. Street Name Signs 5. Power Cost B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 4,145.04 $ 41145404 D. Materials Testing by DOE 200 $ 21072,52 $ 2,072.52 TOTALS $ 109,843.56 $ - $ 109,843656 $ 129,532.50 125% Financial Guarantee Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Summerfield VB Lot 2 Blk 131 4 CFA 2008-055 July 2, 2008 Revised August 5, 2008 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 tha:PSday of , 2008. Approval Recommended: City Secretary Corporate Secretary Summerfield VB Lot 2 Bllc 131 CFA 2008-055 July 2, 2008 Revised August 5, 2008 Transportation and Public Works City of Fort Worth Fernando Costa Assistant City Manager Alta Fossil Creek, L.P. _ C. Todd _McCulloch a _ Vice-Presi ent OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX BEING A REPEAT OF PART OF BLOCK 131, SUMMERFIELDS VB AS RECORDED IN VOLUME 38&176, PAGE 97, P.R.T.C.T., AND LOTS 71 AND 80, BLOCK J, FOSSIL PARK ADDITION BEING 17.91 ACRES SITUATED IN THE THOMPSON SURVEY, ABSTRACT No. 1498 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CASE NO, F&008A 20 ALTA FOSSIL CREEK PLAT TITLE BLOCK ORT WORT r Wsswood IBM[ 40 Z _ H .warn !fi' I S� aw £ suck peat 5P! f . Park, v PROJECT � • a Ashtbo Ave i 3 Woodstock Dr �stem_:�1�H d lasue1,Valley"� _ .., spyJfdss Way i ri�tt'-Club ,4t Fx+ssf! Creek Fossil Creek stud ': Fosslt ttldge Dr F Buffalo Ridge Park t R Z�Ap ALTA FOSSIL CREEK PROJECT LOCATION MAP w 0 S Z_ Z W X a a > W X w w m U U d I N� U ��444 C) o a,m o3 F a M M O _m X a S Jd'aV I I I I I W XO 1 i 1 I y ! ---- - W] - ---- a sIDEWALK L C & C Concrete, Inc. 1017 N. Bowen Rd. Arlington, Texas 76012 Rublic Improvements - Concrete Pavement 061/3/08 Wood Partners 5440 Harvest Hill Road, Suite 206' Dallas, Texas 75230 Mtn, Colin Bigalke Reference: Alta Fossil Creek -Basswood Blvd. Improvements Concrete Pavement Item De�crip#ion uanti Unit Price Amount 1 a" Conc Pavement 641 S.Y. $60.84 $39,000.00 2 7" Conc Pavement 104 S.Y. $58.27 $61060.00 4" Conc Walk 1622 L,F. $13.56 $221000.00 4 HDCP Ramps 6 EA. $150,00 $900000 5 Traffice Control 1 L.S. $21000.00 $2,000,00 $69,960.00 Qualifications: Pavement im based on Rrockette Davis Drake C26 05/08. Haig Waller, �'res. C & C Couerete, Inc. 817 543 2662 office 817 543 1106 fax ewaller@cccanereteinc,com 6031 ASH STREET FRISCO, TEXAS 75034 (972)335.4510 PROPOSAL VALID FOR THIRTY DAYS PROJECt: ALTA FOSSIL CREEK LOCATION; FORT WORTH, TX DATE: 144un-0B TI IRN 1 ANF . PURL IC WORK PAGE i OF 2 REM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 MOBILIZATION LS 1 S 2,200.00 $ 2o20D,00 2 SAWCUT & CURB REMOVAL LF 562 $ 12.50 $ 7,025.00 3 DIRT EXCAVATION LS 1 S 20000,00 $ 2,000.00 4 LIME STABILIZATION OF PAVEMENT LS i $ 5,500.00 $ 5,500.00 5 6' @ 8% GRADE PADS & PAVEMENT TO 4V.10 SY 1 $ 2,000.00 3 2,000.00 6 TRAFFIC CONTROL - FLAGGERSONLY LS 1 $ 1,100,00 $ 1,100.00 BASE DID TOTAL ; 18,825.00 N '— O V � 00 ,Eg�W DRIVE \ Date, August 8, 2008 Ca1Har Construction 2138 Ca1Har Drive Melissa, Texas 75454 Proposal #28209B: Public Site Utilities for Alta Fossil Creek in Ft. Worth, Texas. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL STORM SEWER 1 42" RCP CL III 2 36" RCP CL III 3 30" RCP CL III 4 42" Sloping Headwall 5 Remove Curb Inlet Top & Install Grate Inlet 6 Erosion Control, See Sheet C22 7 Trench Safety Please call me if you have any question about this proposal. David Lippert 31 LF $ 105.00 $ 3,255.00 36 LF $ 76.00 $ 2,736.00 30 LF $ 55.00 $ 1,650.00 1 EA $ 25200,00 $ 2,200.00 1 EA $ 3,100.00 $ 3,100.00 1 LS $ 500.00 $ 500.00 1 LS $ 400.00 $ 400.00 TOTAL $ 139841.00 WOOD REAL ESTATE INVESTORS, L.L.C. OFFICER'S CERTIFICATE Effective July 31, 2008, the undersigned, being the Chief Executive Officer of Wood Real Estate Investors, L.L.C., a Delaware limited liability company (the "Company'), does hereby certify to the City of Fort Worth, Texas as follows: 1. That the undersigned is the Chief Executive Officer of the Company. 2. That the Company is the manager of WP West Enterprises, L.L.C., a Delaware limited liability company ("WP West Enterprises"). 3. That WP West Enterprises is the manager of Wood Alta Fossil Creek, LLC., a Georgia limited liability company ("Wood Alta Fossil Creek"). 3. That Wood Alta Fossil Creek is the general partner of Alta Fossil Creek, L.P., a Georgia limited partnership ("Alta Fossil Creek"). 4. That C. Todd McCulloch ("McCulloch") is an authorized agent of Alta Fossil Creek. 5. That in his capacity as an authorized agent of Alta Fossil Creek, McCulloch has the power to execute contracts, agreements, instruments, certificates, and other documents on behalf of Alta Fossil Creek. SIGNATURE APPEARS ON THE FOLLOWING PAGE) zzs�ssz poi IN WITNESS WHEREOF, the undersigned has executed this certificate as of the day first above written. Signed, sealed and delivered this I"Jv day of 40A _ , 2008 in the presence of. Notary Public My Commission Expires: �A(3iAARY PtTBLIC�TATE f�F �1'L�R�! Anushk Fr 11i11\\,,V uh�i1l�LVr M�MI ��) M1/�} �btillSD'1'UStU ATLAt�77C Bfl�tP��i �9.•l �t94r [NOTARIAL SEAL] CHIEF EXECUTIVE OFFICER: Signature Page to Officer's Certificate Wood Real Estate Investors, L.L.C.