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Home My WebLink AboutContract 31804 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, KB Home, Lonestar, L.P., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to RameySquare, 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 KBSA, Inc., itseg neral partner and by Sue Blankenship, its duly authorized Director of Land Development, 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 Sec cy. CFA REVISED FORMAT WITH 4%.doc 1 )'KMVAA&19 6010 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 Fart 'I'!'orth, 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: CFA REVISED FORMAT WITH 4%.doc 2 011946010' t �- Water(A) None; Sewer (A-1)None; Paving (B) attached; Storm Drain (13- 1) attached; Street Lights and Signs (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, 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 $168,412.00. Item Developer City Cost Total Cost Cost A. Construction 1. Streets $154,319.00 $ - $154,319.00 2. Storm Drainage $ - 3. Street Lights $ 7,920.00 $ 7,920.00 4. Street Name Signs B. Engineering Design C. Construction Engineering and Management by DOE 4% $ 6,173.00 $ 6,173.00 TOTALS $168,412.00 $168,412.00 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 four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 71, 3. City not preparing plans and specifications. ' ] '761 CFA REVISED FORMAT WITH 4%.doc 3 �, `` ' '� 601 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 triplicate, at Fort Worth,Texas this the L day of 1m 200; 3 Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robert Goode, P. E. Director ATTEST: City rt Worth By: Yn n:C arc Ott City Secretary Assistant City Manager Approve as to Form: As ' tant C' orney ATTEST: KB Home, Lonestar, L.P. A Texas Limited Partnership By: KBSA, Inc. Corporate Secretary Its general partner By: Sue Blankenship Director of Land Development DATE: w MY SKI-PENY CFA REVISED FORMAT WITH 4%.doc 4 011946010 CB 011946.010 Page3 C4 U 5 ' ltV TEXAS' 7'fi1 :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:............:.: T......IA...... `...E .. ...F ► 'i ........... t' ' ........................................................................... iEE `... 73 0 ..... .... . RAM EY SQUARE 31-Oct-2003 PAVING (CAROL STREET, FULL WIDTH) ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 PAVING 755 LF $162.00 $122,310.00 2 4' WIDE SIDEWALK* 1,798 LF $10.00 $17,980.00 TOTAL PAVING (CAROL STREET, FULL WIDTH) $154,319.00 * Along Anderson, Burger, and Carol Streets CITY 01'G: G:\JOB\011946\EST\RAMEYCFA.XLS CITY�� CB 011946.010 Page4 :::::::::::::::::::::::::::. QW. .. 84. 7... 0� 3i RAM EY SQUARE 31-Oct-2003 STREET LIGHTS ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 STREET LIGHTS 3 EA. $2,200.00 $6,600.00 2 STREET LIGHT ON TO EXISTING POLE 1 EA. $600.00 $600.00 TOTAL STREET LIGHTS/SIGNS $7,920.00 G:\JOB\011946\EST\RAMEYCFA.XLS �, o o o . o , 0 u 0 P N � H WI^^ ^O V OL m Z W= W � o V s� �IL f� Z W J U N 00 z , O QO CL W sunlS u / AN W a nM m ry d V i A.Wwo / O ,au. co addro u � I AAW U� U LUQ 3d,2 i r 000Y,3703 J p00M39J03 / C2 O / N wvd '¢S� � � 3tE711 d3r>.v d3f1W rAwv 37ID / f j. s . p IA o 0 0 C P O W c a o a --------------- P W 1 a��r 1 C xa�xns w a w Cie N X W .e F- W w " W= W rarxic 7IIQ2IIfi ��P�cc a I I � h � 1 e q ti t h Z W oc 0 w w Y U n J J W Q 7 O O co w m o 0 CL Irl N U- N tT Q N � H o n Ir O — C CL J n � S 31 I h h �• I I x &gms olaasm t U .r'a?T.rs QamQ YJ igaujs Qav"Ma J p P WOU C W �• ,u�d� yryp C' NJW0. O—L N J W V:71Q71�( Q 1 p z ZOO ^W F-Um �it1.'". - / VIZ coFC� o e :,.•�J�� X�~O NOF- Z — X J O 0