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Home My WebLink AboutContract 31489 � r COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� WHEREAS, Wal-Mart Stores Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Wal-Mart (3419-00) Neighborhood Market Addition, Lots 1-4 Block 1, located on West Vickery Boulevard at State Highway 183, 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 Barry T. Shannahan, its duly authorized Assistant Vice President, 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 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 P CFA WAL-MART STORE 43419-00 VICKERY.doc s�JU.000� � 4�a .a COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.31 WHEREAS, Wal-Mart Stores Texas, L.P., hereinafter called "Developer", desires to make certain improvements to Wal-Mart (3419-00) Neighborhood Market Addition, Lots 1-4 Block 1, located on West Vickery Boulevard at State Highway 183, 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 Barry T. Shannahan, its duly authorized Assistant Vice President, 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 Il, 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 P fficy.__ ,;1, A CFA WAL-MART STORE#3419-00 VICKERY.doc Ile .`�7+`✓i♦•�� U�L�� 0'-0 pil,; � .i /;) 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). 1. 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. CFA WAL-MART STORE#3419-00 VICKERY.doc 2 Water(A)None; Sewer(A-1)None; Paving(B) attached; Storm Drain (B- 1) attached; Traffic Improvements (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, B 1, 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, BI, 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 $302,367.60. Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets* $225,519.00 $ 225,519.00 2. Storm Drainage $62,046.00 $ 62,046.00 3.Street Lights $3,300.00 $ 3,300.00 4.Street Name Signs $ - B. Engineering Design $ C. Construction Engineering $ - and Management by DOE(4%) $ 11,502.60 11,502.60 TOTALS $ 302,367.60 1 $ - $ 302,367.60 * Includes$100,000 for traffic signal installation 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. "��js(��n o �S FOR U Ali/Y ?Sli1GyL5LLi,�'��Cj� CFA WAL-MART STORE#3419-00 VICKERY.doc 3 ?� 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 Develloo erg has executed this instrument in triplicate,at Fort Worth, Texas this the L&day of m1"�' + ' 120N6 Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director Ci of Ft A Marc Ott Assistant City Manager ATTEST: NO M&C REQUIRED Marty Hendri City Secretary Ap caved as to Form: DEVELOPER // Wal-Mart Stores Texas, L.P. By: WAL-MART STORES EAST, L.P. Its General Partner Assi t ty Attorney By: $Assis nt, LLC er ST: 7 f Corporate Secretary By: an e President CITY ��K. A��r r-� --I <�- r';; '; sal tpr�ms only by_QEg tiVAL-M RT EGAL DEPT CFA WAL-MART STORE#3419-00 VICKERY.doc 4 !).qtP,: nJ Z6 - ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST Wal-Mart Neighborhood Market West Vickery Boulevard and S.H. 183 DAI No.2002217 14-Oct-04 I. STORM DRAIN $62,046.00 ll. STREET IMPROVEMENTS $225,519.00 TOTAL PROBABLE COST $287,565.00 2002217 EOPCC CMB.xis Page 1 of 2 CR ST CD Li Li PROJECT CHICKERING Cn WILLIS 183 PRING ILL LOCATION co = CULVER CUMBERLAN 4 VALHALLA J�G� ZCn o oL TREE y9 G p PI NON ' Q Q m << F y � WYCLIFF 0 SANDLEWOOD U VI CKER Y BATTL � n S RIVE FALLIIvG o�,� VICINITY MAP WAL—MART NEIGHBORHOOD MARKET LOTS 1 - 4 , BLOCK 1 WAL—MART NEIGHBORHOOD MARKET ADDITION 4 Duna�va Planners Engineers 4*4 Associates Lr , ors Inc. y � Landscape Architects 1501 Merrimac Circle,Ste.100 Fort Worth,TX 76107 Ph:817.335.1121 Metro:817.429,2135 Fat:817.335.7437 q MOO ON E SID WAL Lun CM 0 rs�' cwt t 0% Scale: 1" = 200' Date: 10-14-04 PALING VWPROV,EARWTS -Dunaway ,a��ef5 E,owes TO SERVE WAL MART Y S.JNeY S Associates.Inc. IIII apeA,,+,t,d, A ;tbP. o CU INLET PR 21' SD ROP. 1 LET II MAD POP. 21'SD Ili PROP. 10' CURB INLET -A'� P/i % 21' SD 10' INLE // OP. 10' INLET OP. v" SD g p OP.,2i' SD p' ROP. 21'SD PRO . WAR �G PROP. RAP OP. ROP. WA EUMIT V1, Scale: 1" = 200' s Date: 10-14-04 DRAINAGE WROY MEN'S �' Dunawa Y TO SERVE w du�� d �� EPnle9n`n Associates,Inc. I Wr I PROP. 7RAFFlG SIGNAL P Op. MENT RKI ScGle: 1' = 200' EUBBTF 1C Date: 10-14-04 TRAFFIC WROVEAMVIS 70 SERVE WAL-M4RT Dunaway 1 Associates,Inc. 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 2 EA $ 1, 500 $3, 000. 00 Subtotal $3,000.00 City' s Cost $00, 000. 00 Developer's Subtotal $3,000.00 10% Contingencies $0,300.00 Project Total $3,300.00 Adjacent Developer's Cost $0,000.00 Developer's Cost $3,300.00 2% Inspection Fee $0,00.00 CFA CODE#2004152 DEVELOPER' S COST: $3,300.00 WALMART NEIGHBORHOOD MARKET ADDITION LOTS 1-4, BLK I November 10, 2004 Fort Worth, Texas November 22, 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: $3,300.00 WALMART NEIGHBORHOOD MARKET ADDITION LOTS 1-4, BLK I November 10, 2004 FORT WORTH, TEXAS CFA CODE #2004152 Page II of Exhibit C III. "STREETLIGHTS" RELOCATION W. VICKERY BLVD 2 WALMART NEIGHBORHOOD MARKET ADDITION LOTS 1-4, BLK I 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 retail development) WalMart Neighborhood Market Addition, Lots 1-4, Block 1 CFA code: 2004152 October 25, 2004