HomeMy WebLinkAboutContract 31098COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § � , City Secretary
COtTNTY OF TARRANT § Contract No.�� O
WHEREAS, SJ Silver Ridge, LP, hereinafter called "Developer", desires to make
certain improvements to Silver Ridge Addition, Phase One, Section 2, 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 SJ Silver Ridge, LLC, its duly
authorized General Partner, acting herein by and through Steve Hawkins, 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 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.
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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, w/tetlter or not sccclt injuries, death or dama�es are c�zused,
in wliole or in part, by tlae alle�ed ne�liQence of the Citv of Fort Worllt,
its offcers, servrcnts, or employees.
Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
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).
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).
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;
2002209-10_T&PWCFA-03-1110_JWM.doc 2
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, 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
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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. :
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 $�,�;�1`�
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of sidewalk.
2. Developer's column for Item C represents two percent (2%) cost for construction
inspection 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.
2002209-10_T&PWCFA-03-1110_JWM.doc 3
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SUMMARY OF COST
Silver Ridge Addition Phase 1 Section 2
ltem Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $308,433.95 $ 308,433.95
2. Storm Drainage $47,361.00 $ 47,361.00
3. Street Lights $22,000.00 $ 22,000.00
4. Street Name Signs $300.00 $ 300.00
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE (4%) $ 14,231.80 14,231.80
TOTALS $ 392,326.75 $ - $ 392,326.75
CFA CODE:
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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 Secretaiy, with the corporate seal of the City affixed, and said Developer
has executed this instrument in triplicate, at Fort Worth, Texas this the �day of �� �
, 2004.
Approval Recommended:
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ATTEST:
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City Secretary
Approved as to Form:
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Assistant City Attorney
ATTEST:
Corporate Secretary
2002209-10_T&P WCFA-03-1110_J WM.doc
Transportation and Public Works
Department
G � �/
Robert Goode, P. E.
Director
c�ty Fort wo�-�n '1,
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By: � ',�'
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arc Ott
Assistant City Manager
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By, � -
SJ ilver a� e, � evelopment, LP
� : SJ Silver Ridge, LLC
General Partner
By: Steve Hawkins
Manager
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DUNANAY A3SOClJlT6S, Inc.
�ENGINR.F.RS — PLANNER9 — SURV�YORS
FORT WORTH, TEXA9
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ENGINEER'S OPINION OF PROBABLE CQNSTRUCTION COST
I ITEM I DE3CRIPTION � QTYlUNITj � �RIC� � AMOUNT !
TOTAI. PROBABL ONSTRUCiION �T 676 078.95
200220e10_CFA_OPDC-03-1030_JWM.xI� Page 2 Of 2
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I. STREET LIGHT COST ESTIMATE
INTERSECTIONS
MID-BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID-BLOCK COLLECTOR
MID-BLOCK ARTERIAL PARKWAY
MID-BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
QUANTITY UNIT COST
2 EA $ 2,000
4 EA $ 2,000
4 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,500
0 EA $ 2,500
0 EA $ 1,500
Subtotal
City's Cost
Developer's Subtotal
10% Contingencies
Project Total
Adjacent Developer's Cost
Developer's Cost
2% Inspection Fee
DEVELOPER'S COST: $22,000.00
SILVER RIDGE, PHASE I
November 13, 2003
Fort Worth, Texas
PAGE 1 OF Exhibit C
May 10, 2004
TOTAL COST
$4,000.00
$8,000.00
$8,000.00
$0,000.00
$0,000.00
$0,000.00
$0,000.00
$20,000.00
$00,000.00
$20,000.00
$2,000.00
$22,000.00
$0,000.00
$22,000.00
$0,00.00
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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, or collector streets. The
developer agrees to pay the amount shown below prior to the City
starting its 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 streetlight installation is detailed on
page 1 of exhibit C and is summarized below the streetlights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER'S COST: $22,000.00
SILVER RIDGE, PHASE I
FORT WORTH, TEXAS
November 13, 2003
Page 2 of Exhibit C
"STREET LIGHTS"
INTERSECTIONS
BRUSITY TRAIL EAST & STREET B 1
BRUSITY TRAIL & STREET A 1
MID - BLOCK
BRUSITY TRAIL 3
STREET A 1
CHANGE OF DIRECTIONS
BRUSITY TRAIL 1
STREET A 3
SILVER RIDGE, PHASE I
Page 3 of Exhibit C
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IV
STREET NAME SIGNS
l. The Developer 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.
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 three (3) intersections (that
require street name signs) at a cost to the Developer of $300.00:
Bushy Tr E & (Street A)
Bushy Tr & (Street A)
(Street A) & Bushy Tr
Silver Ridge Addition
CFA code: 2003140 Date: November 13, 2003
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