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COMMUNI'T'Y FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.,-9ca
WHEREAS, Windsor Park-McCart Development, Ltd., hereinafter called
"Developer", desires to make certain improvements to Windsor Park Addition, 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 First Mortgage II GP, LLC, its
duly authorized Managing 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 11, paragraph 7 of the
Policy. 1
New CFA 4% and Utilities 12 27 041.doc 1 _ "�
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
damaws are caused, in whole or in part, by the allezed nerli-eence 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 525,000, 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
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,
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; Street Lights and Signs (C)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.
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, B1,
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 $ 36 i,. 10, O u t/ 5
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.
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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, i said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the ay of
,TLL-,t , 2005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
Ci of F rt rt
NO M&C REQUIRED
Marc Ott
Assistant City Manager
ATTEST:
J
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� a6lq-4,
1VI Hendrix
City Secretary
Approv as to Form:
1 DEVELOPER
Assis Attorney Windsor Park-McCart Development, Ltd.
First Mortgage II GP, LLC, Managing GP
2202 E. Scyene Road
ATTEST: Mesquite, TX 75181
Corporate Secretary Mr. t Michael Mckinney
President, First Mortgage II GP, LLC
New CFA 4% and Utilities 12 27 041.doc 4
SUMMARY OF COST
Windsor Park Addition
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $265,815.00 $ 265,815.00
2. Storm Drainage $64,195.00 $ 64,195.00
3. Street Lights $17,600.00 $ 17,600.00
4. Street Name Signs $600.00 $ 600.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%) $ 13,200.40 13,200.40
TOTALS $ 361,410.40 $ - $ 361,410.40
---------
----
Engineer's Opinion of Probable Cost of Construction
T/PW IMPROVEMENTS
Pavinq Improvements_
Item No. Item Description Quantity Unit Unit Price Extension
1 Remove Existing Asphalt Curb 830.00 LF $ 3.00 $ 2,490.00
2 6"Lime Stabilized Subgrade Preparation 6,600.00 SY $ 3.00 $ 19,800.00
3 8"Lime Stabilized Subgrade Preparation 1,400.00 SY $ 3.50 $ 4,900.00
4 Hydrated Lime (Based on 30#/SY) 125,00 Tons $ 105.00 $ 13,125.00
5 -7"Curb, 18"Gutter 1,100.00 LF $ 15.00 $ 16,500.00
6 8"Hot Mixed Asphaltic Concrete Pavement(6" B; 2" D) 1,300.00 SY $ 20.00 $ 26,000.00
7 6"3000# Reinforced Concrete Pavement (24' F-F) 6,100.00 SY $ 30.00 $ 183,000.00
8 $ -
$ 265,815T-0—
Storm
65,815.00SSt rm Drain Improvements
Item No. Item Description Quantity Unit Unit Price Extension
1 21" RCP Class III 238.00 LF $ 45.00 $ 10,710.00
2 24"RCP Class III 135.00 LF $ 55.00 $ 7,425.00
3 36"RCP Class III 130.00 LF $ 75.00 $ 9,750.00
4 Remove 21"RCP 180.00 LF $ 5.00 $ 900.00
5 Remove 36" RCP 30.00 LF $ 7.00 $ 210.00
6 4'Sq. Manholes 4.00 Ea $ 2,500.00 $ 10,000.00
7 10'Standard Curb inlets 9.00 Ea $ 2,800.00 $ 25,200.00
$ 64,195.00
Lightlng Improvements
Item No. Item Description Quantity Unit Unit Price Extension
1 Standard Street Lights 7.00 Each $ 2,500.00 $ 17,500.00
$ 17,500.00
Paving, Drainage, and Lighting Total: $ 347,510.00
Inspection Fee 4.00% $ 13,900.40
Total T/PW Improvements: $ 361,410.40
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 4 EA $ 2, 000 $8, 000 .00
MID-BLOCK RESIDENTIAL 2 EA $ 2, 000 $4 , 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 $ 11500 $0, 000.00
Subtotal $16,000.00
City' s Cost $00, 000 . 00
Developer's Subtotal $16,000.00
10% Contingencies $1,600.00
Project Total $17 , 600.00
Adjacent Developer's Cost $0 ,000. 00
Developer's Cost $17 , 600.00
2% Inspection Fee $0,00. 00
CFA CODE #2004139
DEVELOPER' S COST: $17,600.00
WINDSOR PARK ADDITION
October 4, 2004
Fort Worth, Texas
October 4, 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: $17,600.00
WINDSOR PARK ADDITION
October 4, 2004
FORT WORTH, TEXAS
CFA CODE #2004139
Page II of Exhibit C
III .
"STREETLIGHTS"
INTERSECTIONS
RODDY DR & STREET A 1
RODDY DR & STREET C 1
STREET D S STREET A 1
STREET C & STREET D 1
MID- BLOCK
STREET D 1
STREET B 1
CHANGE OF DIRECTIONS
STREET A 1
STREET B 1
WINDSOR PARK ADDITION
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:
Roddy Dr & "Street A"
Roddy Dr & "Street C"
"Street D" & "Street A"
"Street D" & "Street C"
"Street B" & "Street A"
"Street B" & Street C"
Winsor Park Addition
CFA code: 2004139 September 28, 2004
Exhibit B
Win ds or Park Addition
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Fort Worth, TX 76106
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Designs, In c Fort Worth, TX 76106
Scale: 1" = 100' Ph: 817 626-7878 Fox: 817 626-7879