HomeMy WebLinkAboutContract 31283 i l J v D l _j - � 1 •4U
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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.�
WHEREAS, Golden Triangle Retail Partners Ltd, hereinafter called
"Developer", desires to make certain improvements to North Beach at Golden Triangle
to serve Lot 1, Block 1 Crawford Farms Plaza, 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 Golden Triangle Partners
GP, Ltd, its general partner, acting herein by and through Golddddddiri, LLC, its general
partner, acting herein by and through Richard LeBlanc its duly authorized
Manager, 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 11, paragraph 7 of the Policy.
NBeach at Golden Triangle-Crawford FannsIPlaza-CFA REVISED FORMAT ilr
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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 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.
NBeach at Golden Triangle-Crawford Farms?-Plaza-CFA REVISED FORMAT WITH 4%
12 1004
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; 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, B1, 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, B 1,
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 $237,635.84*.
*Additional funds in the amount of$69,400.00 are escrowed for the future paving and
drainage improvements as shown and listed in Exhibits B - Paving Plan and B— Funds
for Escrow) Golden Triangle Street Improvements (East Bound Lanes) respectively.
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.
NBeach at Golden Triangle-Crawford Farms3Plaza-CFA REVISED FORMA U
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SUMMARY OF COST
Crawford Farms Plaza, Lot 1 Block 1
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $205,211.00 $ 205,211.00
2. Storm Drainage $21,785.00 $ 21,785.00
3. Street Lights $1,560.00 $ 1,560.00
4. Street Name Signs $ - $ -
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%) $ 9,079.84 9,079.84
TOTALS $ 237,635.84 $ - $ 237,635.84
CFA CODE: 4
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, aqd said Developer
has executed this instrument in triplicate, at Fort Worth,Texas this the day of
, 200
Approval Recommended:
Transportation and Public Works
Department
CS //K��
Robert Goode, P. E.
4 Director
Authorization
City Fort W eh,
By
Marc
Assistant City Manager
ATTEST:
DEVELOPER
Marty Hendrix
City Secretary Golden Triangle Retail Partners
Ltd, a Texas limited partnership
Approved as to Form: By: Golden Triangle Partners GP,
Ltd., a Texas limited partnership, its
general partner
Assistant City Attorney By: Goldri, LLC, a Texas limited
liability company, its general
ATTEST: partner
By:
Corporate Secretary Richard E. LeBlanc
Manager
RECEIVED
NBeach at Golden Triangle-Crawford Fan-n4Plaza-CFA REVISED FORMAT WIT"TK_ a
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PRELIMINARY OPINION OF PROBABLE COST
TEAGUE NALL AND PERKINS,INC.
CONSULTING ENGINEERS
TNP JOB NO. LEB 03320 2/5/04
CLIENT: Golden Trinagle Retail Partners, Ltd.
EXHIBIT B (For Completion Agreement)
North Beach Street(South Bound Lanes)
Water and Sanitary Sewer Improvements
ITEM DESCRIPTION OF ITEMS QUANTrrY UNIT UNIT COST TOTAL
NO.
DRAINAGE IMPROVEMENTS
1 18"RCP 180 LF $50.00 $9,000.00
2 Headwall 2 EA $3,800.00 $7,600.00
4 Channel Excavation and Clearing 235 1 CY $4.00 $940.00
5 HMAC Pavement Repair 73 SY $45.00 $3,285.00
3 Gravel Drive Repair 40 SY $10.00 $400.00
6 Rock Rip-Rap 10 Cy $50.00 $500.00
7 Trench Safety 60 LF $1.00 $60.00
SUBTOTAL: $21,785.00
PAVING IMPROVEMENTS
1 Preparing Right-of-Way 1.0 LS $6,500.00 $6,500.00
2 Ebankment from Barrow 6 500 Cy $7.50 $48,750.00
3 Erosion Control 1 LS $4,000.00 $4,000.00
4 HMAC Right Turn Lane&Transition 1,520 SY $8.50 $12,920.00
5 8"Concrete Pavement 3 792 SY $23.50 $89,112.00
6 6"Concrete Curb 1,375 LF $1.00 $1,375.00
7 7"Concrete Curb 790 LF $1.25 $987.50
8 6"Lime Stabilized Sub grade 5 700 SY $1.85 $10,545.00
9 Lime for Stabilization 30#/SY 85 TON $94.00 $7,990.00
10 Sidewalks and Rams 325 SY $22.50 $7,312.50
11 6"Driveway Approach 47 SY $27.00 $1,269.00
12 Pavement Markings and Striping 1 LS $4,950.00 $4,950.00
13 Traffic Control 1 LS $6,000.00 $6,000.00
14 Seeding 7 000 SY $0.50 $3,500.00
SUBTOTAL: $205,211.00
Drainage and Paving Total $226,996.00
4%Inspection Fee $9,079.84
PRELIMINARY OPINION OF PROBABLE COST Page 1 of 1
TEAGUE NALL AND PERKINS,INC.
CONSULTING ENGINEERS
TNP JOB NO. LEB 03320 10/5/04
CLIENT: Golden Trinagle Retail Partners, Ltd.
EXHIBIT B(Funds for Escrow)
Go/den Triangle Street Improvements(East Bound Lanes)
ITEM DESCRIPTION OF ITEMS UANTITY UNIT UNIT COST TOTAL
NO.
DRAINAGE IMPROVEMENTS
1 24" RCP 200 LF $40.00 $8,000.00
2 4'SDMH 1 EA $2,500.00 $2,500.00
3 Trench Safe 200 LF $1.00 $200.00
SUBTOTAL: $10,700.00
PAVING IMPROVEMENTS
1 Preparing Right-of-Way 1.0 LS $3,000.00 $3,000.00
2 Unclassified Excavation 400 Cy $5.00 $2,000.00
3 8"Concrete Pavement 1 100 Sy $25.00 $27,500.00
4 6"Concrete Curb 350 LF $2.00 $700.00
5 7"Concrete Curb 350 LF $2.25 $787.50
6 6"Lime Stabilized Sub grade 1 150 Sy $1.85 $2,127.50
7 Lime for Stabilization 30#/SY 16 TON $94.00 $1,504.00
8 Sidewalks and Rams 155 SY $22.50 $3,487.50
9 Pavement Markings and Striping 1 LS $1,000.00 $1,000.00
10 Traffic Control 1 LS $2,000.00 $2,000.00
it Seeding 1300 Sy $0.50 $650.00
SUBTOTAL: $44,756.50
Drainage and Paving Total $55,456.50
125%of Drainage and Paving Total $69,400.00
III. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 0, 000 $00, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 01000 $00, 000 .00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 0, 000 $00, 000 .00
MID-BLOCK COLLECTOR 0 EA $ 01000 $ --0--
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 0, 000 $ --0-
MID-BLOCK ARTERIAL MEDIAN 5 EA $ 0, 000 (DOUBLE ARMMS)
RELOCATE EXISTING LIGHT 0 EA $ 01000 $ --0--
0 (200 watt lights) x $7. 05 (per light) x 24 months = $00, 000 .00
10 (100 watt lights) x $6 .50 (per light) ,x 24 months = $1, 560 .00
Total: $1,560,00
The Street Lights will be installed by TRI County Electric Cooperative
the developers initial 24- month power charge will be $1,560.00.
After the initial 24-month power charge the City of Fort Worth, WILL
ASSUME THE POWER COST.
CFA CODE #2004125
CRAWFORD FARMS PLAZA LOT I, BLOCK I
September 2, 2004
Fort Worth, Texas November 1, 2004
PAGE I OF EXHIBIT C
2. 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.
3 . Streetlights on arterial streets shall be installed with underground
conduit and conductors.
4 . The Developer shall provide for the installation of a 2-inch
schedule 40 PVC conduit at a depth not less than 30 inches and at
least 18-inch behind the curb, "clear from all other utilities" .
5. The Developer shall provide for the installation of a 2-inch
schedule 40 PVC conduit between streetlights proposed for
installation and the power source to become operational .
6. A 3-inch schedule 80 PVC conduit is required when crossing streets
at a depth not less than 30 inches, unless indicated otherwise on
the plans concrete pull boxes shall be provided at the crossing
points .
7. The developer shall pay the initial two year power cost to TRI-
COUNTY ELECTRIC COOPERATIVE, after the initial two year cost the
City of Fort Worth, will assume the power cost.
8. The developer or their contractor shall contact City' s street light
division 48 hours prior to starting any installation of conduit
and/or streetlights at (817) 871-6596 to insure proper inspection of
work.
TOTAL DEVELOPER'S COST $1,560.00
CRAWFORD FARMS PLAZA LOTI, BLOCK I
September 2, 2004
Fort Worth, Texas October 29, 2003
PAGE II OF EXHIBIT C
CFA CODE #2004125
"STREET LIGHTS"
MID BLOCK ARTERIAL
N. BEACH ST 5 (DOUBLE ARMS)
CRAWFORD FARMS PLAZA, LOT I, BLOCK I
PAGE III OF EXHIBIT C
4
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 zero (0) intersections at a cost
to the Developer of$0.00:
(This development does not create any new intersections
that would need street name signs.)
Note: The developer for Crawford Farms installs their own
signs. All existing signs are private.
Crawford Farms Plaza Lot 1, Block 1
CFA code: 2004125 August 31, 2004
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