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HomeMy WebLinkAboutContract 31385 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Golden Triangle Retail Partners, Ltd., by Golden Triangle Partners GP, Ltd., its general partner, by GoldTri, L.L.C., its general partner, hereinafter called "Developer", desires to make certain improvements to North Beach at Golden Triangle to serve 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, Wise, 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 Richard E. 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. E. The contracts for the construction of the public infrastructure shall . administered in conformance with paragraph 8, Section II, of the (51' ' IVG�i ?w North Beach at Golden Triangle Revised Form per Legal December 2004 0 2-1 8-0 5 A 0 9 * 1 3 Z C H 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: North Beach at Golden Triangle Revised Former Legal December 2004 P S Water (A)attached; Sewer (A-1)attached; Paving (B) Storm Drain (B- 1) ; Street Lights and Signs (C). 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. IT. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $66,865. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 47,225 $ 18,790 $ 66,015 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services (2 x 1") $ 850 $ -0- $ 850 Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 48,075 $ 18,790 $ 66,865 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; WATER COST SHARE (Developer pays for 8" water pipe and gate valve. The City pays for 16"/8" water pipe and gate valve.) 16"/8" water pipe ($40-$17) 560 L.F. x $23 = $ 12,880 16"/8" gate valve ($6,587-$676) 1 EA. x $5,910 = $ 5,910 $ 18,790 North Beach at Golden Triangle Revised Form per Legal December 2004 Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6"Water Pie $ 15.00 2 LF 8"Water Pie $ 17.00 3 LF 10"Water Pie $ 24.00 4 LF 12"Water Pie $ 26.00 5 LF 16"Water Pie $ 40.00 6 EA 8" Gate Valve w/Cast Iron box& Lid $ 676.00 7 EA 10" Gate Valve w/Cast Iron box& Lid $ 1,182.00 8 EA 12" Gate Valve w/Cast Iron box& Lid $ 1,223.00 9 EA 16"Gate Valve w/Cast Iron box& Lid $ 6,587.00 10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00 Install 1"Air&Vacuum Release Valve 11 EA w/Vault $ 3,534.00 Install 4" blow-Off w/4"Gate Valve & 12 EA Sump Manhole $ 3,624.00 SEWER Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6" Sanitary Sewer Pie $ 24.00 2 LF 8" Sanitary Sewer Pie $ 25.00 3 LF 10" Sanitary Sewer Pie $ 26.00 4 LF 12" Sanitary Sewer Pie $ 27.00 5 LF 15" Sanitary Sewer Pie $ 28.00 6 LF 18" Sanitary Sewer Pie $ 38.00 7 LF 21" Sanitary Sewer Pie $ 45.00 8 LF 24" Sanitary Sewer Pie $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 10 EA Standard 5' Diameter Manhole $ 3,125.00 North Beach at Golden Triangle Revised Form per Legal December 2004 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $83,810. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and-the City shall share in the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 70,710 $ 12,200 $ 82,910 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services (2 x 4") $ 900 $ -0- $ 900 Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 71,610 $ 12,200 $ 83,810 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; SEWER COST SHARE (Developer pays for 8" sewer pipe and 4' manhole. The City pays for 21"/8" sewer pipe and 5' manhole.) 21"/8" sewer pipe ($45-$25) 610 L.F. x $20 = $ 12,200 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 48,075 $ 18,790 $ 66,865 Sub-Total Sewer $ 71,610 $ 12,200 $ 83,810 Total Water and Sewer $ 119,685 $ 30,990 $ 150,675 Construction Construction Inspection $ 2,394 $ 620 $ 3,014 Grand Total 1 $ 122,0791 $ 31,6101 $ 153,689 ------.-_____ North Beach at Golden Triangle Revised Form per Legal December 2004 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, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the oeday of u , 200/,5 Approval Recommended: Water Department S. Frank Crumb � �- Acting Director contract. Author i tion ATTEST: Date Of Fort Wo a City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Appro d as to F �G Assistant i torney DEVELOPER ATTEST: Golden Triangle Retail Partners, Ltd., by Golden Triangle Partners GP, Ltd., its general partner, by GoldTri, L.L.C., its general partner � " Corporate Secretary By: �( .r'� Will-, lml&' el Sign, print name and titl r, = North Beach at Golden Triangle Revised Form per Legal December 2004 o ':'1✓1�u�Il� �Ll+�a i PROJECT LOCATION TRINITY y ��0 8 l 12, PN��L R 7TH G 30 SEDAL 80 287 ERS co •Lake 820 co SEMINARY 57 C¢P � 20 287 0 LU 5 9�S J j O O u L OCA TION MAP N. TS KELLER HICKS RD a U) GOLDEN TRIANGLE BLVD > TPROJECT Q OCATION RAY WHITE RD v � W H H Lo Z S U Q W m Z VICINITY MAP: SCALE >" = 2000' City of Kell-8 W -- GOLDEN TRIANGLE BOULEVARD $ City of Keller 6"W — r r f y I i I I I I I LOT 1, BLOCK I CRA WFORD FARMS PLAZA I � I 1 "-100' i I y � WCQ � � ( I I z f jl 3 I EXHIBIT "A " WA TER PLAN f I o . - - - - - - - _ I—�- -�� /�?HS(''�(''� City of KN/er 8'W [( L! 6"fH 1 21"55 — � 5 Cify of KN/et6W GOLDEN TRIANGLE BOULEVARD — s �s g I I I � IIS I I I f f LOT 7, BLOCK I I CRA WFORD FARMS PLAZA 1 1 I I S ' 1 "=100' � t I #lu) I 6 ( f� li I I I mcrI EXHiBi r A - 1 I I SANI TAR Y PLAN City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/2/2004 DATE: Tuesday, November 02, 2004 LOG NAME: 60NORTHBEACH REFERENCE NO.: C-20386 SUBJECT: Approval of Community Facilities Agreement with Golden Triangle Retail Partners, Ltd., by Golden Triangle Partners, GP, Ltd., for Construction of Water and Sewer Services to Serve North Beach at Golden Triangle, which Serves Crawford Farms Plaza RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Golden Triangle Retail Partners, Ltd., by Golden Triangle Partners, GP, Ltd., for the installation of water and sewer services to serve North Beach at Golden Triangle, which serves Crawford Farms Plaza. DISCUSSION: Golden Triangle Retail Partners, Limited, by Golden Triangle Partners, General Partner Limited, has executed a proposed contract for community facilities, located south of Golden Triangle Boulevard and north of Ray White Road, located in far north Fort Worth (see attached map). The total cost for water and sewer improvements for this development is $153,689. There will be City participation in water (16"/8") and sewer (21"/8") pipe oversizing to increase pipe capacity in the development area. The developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL Water $48,075.00 $18,790.00 $66,865.00 Sewer $71,610.00 $12,200.00 $83,810.00 Easements $0.00 $0.00 $0.00 Inspection $2,394.00 $620.00 $3,014.00 Total $122,079.00 $31,610.00 $153,689.00 This development is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Fund. T.nonamP- 60NORTHRFAC14 P'Am- 1 nf'J TO Fund/Account/Centers FROM Fund/Account/Centers P163 539140 060163015231 $18,790.00 P173 539140 070173013234 $12,200.00 Submitted for City Manager's Office by; Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) T.nunnmP• 60NnRTNRRAC14 Pane Af I