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HomeMy WebLinkAboutContract 30820 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § _ City Secretary C01TNTY OF TARRANT § Contract No. - WHEREAS, Red. Oak Realty, LLC, hereinafter called "Developer", desires to make certain improvements to Magnolia Green 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 Mr. James M. Eagle., its duly aut4orized President and the City, acting herein by and through Marc Ott, its duly autlkorized 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 the Policy. F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, it officers;.l_ CF14 WellsFar oMa oliaGreen 1 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. Dt.veloper 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- Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B- 1) None; Street Lights and Signs (C) None. a , CFf;,_WellsFargoMagnoliaGreen 2 II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street paving and other community facilities improvements shown as "current improvements" on the attached Exhibits B.. 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 paving as shown on the attached Exhibits B. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $26,816.40. Nottis: 1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets. S;dewalk cost is included under street cost. The developer is responsible for iistallation of sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction impection fees and materials testing less 10% for contingency cost. (*) Represents City participation for construction fees based on actual cost. 3. City not preparing plans and specifications. IN 'TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be exei:uted in quadruplicate in its name and on its behalf by its Assistant City Manager, atte-,,ted by its City Secretary, with the corporate seal of the City affixed, and said--DeveloptT CFj�,_Wel1sFargoMagno1iaGreen 3 , __ ` 1 has isxecuted this instrument in triplicate, at Fort Worth, Texas this the. I &y of —,—, 2004. App--roval Recommended: Transportation and Public Works Department Contraci. Authorizatioa Robert Goode, P. E. Director Date ATTEST: City Of Fort Worth 1 By: a"Y ;r t Marc Ott C it, Secretary Assistant City Manager Approved as to Form: Assistant City Attorney AT'T'EST: DEVELOPER Red Oak Realty, LLC Cov)orate Secretary By: Na es M. Eagle Title: President CFi'._WellsFargoMagnoliaGreen 4 {{S7 h r .3 St =eeT_. � �°ki1. p 1a f �I - Proposed HC Ramp - I and Sidewalk Proposed Asphalt Paving yid W. r �, �-- Proposed Concref, Curb and Gutter LOT 4, BLOCK 1 /— Proposed `Concr6'66;veway- Vi i Wells Fargo Bank Scale: 1" so' Magnolia Green Addition B 0 YDS T O T Civil Engineering/,Plonning 222 W. Exch-ange Ave., Sul., 101 D e Sion s, Inc Fort Worth, TX 75706 --- Ph: E17 Ego-7873 13 er.: 87 -i;Cs_ A l: \20✓4\04002 -- l✓ognollo v cin'\Sl E P/Qr'-C.A rJ Engineer's Opinion of Probable Cost of Construction Item No. Item Description Quantity Unit Unit Price Extension 1 Remove E Kisting Concrete Curb and Gutter 200.00 LF $ .12.00 $ 2,400.00 2 Excavatioi 200.00 CY $ 11.00 $. 2,200.00 3 6" Lime Slibilized Subgrade Preparation 130.00 SY $ 9.50 $ 1,235.00 4 Hydrated lJme (Based on 30r"r/SY) 2.00 Tons $ 250.00 $ 500.00' 5 7"Curb, 1 V Gutter 200.00 LF $ 30.00 $ 6;000.00: 6 . 8" Hot Mix-sd Asphaltic Concrete Pavement.(6" B; 2" D) 95.00 Tons-. $ 110.00 $- -10,450.00 : 7 6"3000 Heinforced Concrete Driveway: 35.00 SY $ 40.00 $ 1,400.00 8 4"SidewaA and HC Ramp 400.00 SF . $ 4.00. $ 1,600.0.0 $ 25,785.00 Inspection.Fees: 4.00% $ .1,031.40. $ 26,816.40. 8/19,2004 Wells Fargo I. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00 MID-BLOCK RESIDENTIAL 0 EA $ 2 , 000 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 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 $00, 000.00 City' s Cost $00, 000 . 00 Developer' s Subtotal $0, 000.00 10% Contingencies $0, 000. 00 Project Total $0, 000.00 Adjacent Developer's Cost $0, 000 .00 Developer' s Cost $0, 000.00 2% Inspection Fee $0, 00. 00 (CFA CODE 2004101) DEVELOPER'S COST: MAGNOLIA GREEN ADDITION July 14, 2004 Fort Worth, Texas July 26, 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: MAGNOLIA GREEN ADDITION July 14, 2004 FORT WORTH, TEXAS (CFA CODE 2004101) Page II of Exhibit C III. NO STREET LIGHTS MAGNOLIA GREEN 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 zero (0) intersections at a cost to the Developer of $0.00: (Private {Bank)) Magnolia Green Addition CFA code: 20040101 July 13, 2004 SUMMARY OF COST Magnolia Green Addition Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $25,785.00 $ 25,785.00 2. Storm Drainage $ - 3. Street Lights $ - 4. Street Name Signs $ - B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 1,031.40 1,031.40 TOTALS $ 26,816.40 $ - $ 26,816.40 CFA CODE: 4