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Contract 33428
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Centex Homes , hereinafter called "Developer", desires to make certain improvements to The Parks at Boat Club Phase 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: For and in consideration of the covenants and conditions contained herein, the City and the Developer 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. _ r,, J'1 Parks at Boat Club Ph. 2-Newer CFA 4%.dot 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. 2 Parks at Boat Club Ph. 2-Newer CFA 4%.do2 yr III L'; 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) Attached; Street Lights and Signs (C) Attached. 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. 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, Bl, 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 $1,186,952.08. Parks at Boat Club Ph. 2-Newer CFA 4%.doha�'S SUMMARY OF COST Parks at Boat Club Phase 2 Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $617,152.00 617,152.00 2. Storm Drainage $480,975.00 480,975.00 3. Street Lights $44,000.00 44,000.00 4. Street Name Signs $900.00 900.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 43,925.08 43,925.08 TOTALS 1,186,952.08 $ - 1,186,952.08 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Paid $131,323.00 for future improvements for Park Drive. Parks at Boat Club Ph. 2-Newer CFA 4%.do4 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, -d said D velop�r has executed this instrument in triplicate, at Fort Worth,Texas this the of 12006. RECEIVED Approval Recommended: Transportation and Public Works / Department / LNO M&C REQUIRED Robert Goode, P. E. Director ATTEST: Cit of F Wo Marty Hendrix Marc Ott City Secretary Assistant City Manager Approv s to Form: Xssis1#CiKy ay ATTEST: CENTEX HOMES, a Nevada general partnership BY: Centex Real Estate Corporation, Corporate Secretary a Neveda corporation, its managing partner By: —� Name: Clint Vincent, P.E. Title: Vice President of Engineering - Centex Homes- DFW- Metro SS Parks at Boat Club Ph. 2-Newer CFA 4%.doli COSTP ESTIMA AT-CURRENT OAT BIMP PRO E MENTS PAVING&STORM DRAINAGE AV 10/24/2005 PAVING ITEM UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT 1 6"LIME STABILIZED SUBGRADE 22,993 SY @ $2.25 $51,734.00 2 HYDRATED LIM(27#/SY) 368 TN @ $105.00 $38,640.00 3 6"REINFORCED CONTRETE PAVEMENT 21,635 SY @ $22.00 $475,970.00 4 MONOLITHIC 7"CONCRETE CURB 12,177 LF @ $2.00 $24,354.00 5 SAWCUT AND REMOVE EXISTING ASPHALT 75 LF PAVEMENT @ $2.50 $188.00 6 4'CONCRETE SIDEWALK 687 LF @ $14.00 $9,618.00 7 STANDARD A.D.A.ACCESSIBLE RAMPS 26 EA @ $350.00 $9,100.00 STANDARD CITY OF FORT WORTH"END OF 204 LF 8 ROAD"BARRICADE @ $37.00 $7,548.00 TOTAL PAVING $617,152.00 STORM DRAINAGE ITEM UNIT No. DESCRIPTION OUANTITY PRICE AMOUNT 1 21"(CLASS III)C-76 RCP PIPE 31 LF @ $40.00 $1,240.00 2 24"(CLASS III)C-76 RCP PIPE 938 LF @ $44.00 $41,272.00 3 27"(CLASS III)C-76 RCP PIPE 160 LF @ $48.00 $7,680.00 4 30"(CLASS III)C-76 RCP PIPE 589 LF @ $52.00 $30,628.00 5 36"(CLASS III)C-76 RCP PIPE 157 LF @ $64.00 $10,048.00 6 48"(CLASS III)C-76 RCP PIPE 284 LF @ $110.00 $31,240.00 7 Y X T REINFORCED BOX CULVERT 117 LF @ $140.00 $16,380.00 8 4'X 4'REINFORCED BOX CULVERT 206 LF @ $130.00 $26,780.00 9 6'X 4'REINFORCED BOX CULVERT 505 LF @ $208.00 $105,040.00 10 8'X 4'REINFORCED BOX CULVERT 390 LF @ $285.00 $111,150.00 11 ]0'CURB INLET 7 EA @ $2,200.00 $15,400.00 12 15'CURB INLET 2 EA @ $3,200.00 $6,400.00 13 20'CURB INLET 3 EA @ $3,600.00 $10,800.00 14 6'X6'DROP INLET W/APRON 1 EA @ $5,500.00 $5,500.00 15 4'X4'STORM DRAIN MANHOLE 2 EA @ $2,500.00 $5,000.00 16 5'X5'STORM DRAIN MANHOLE 1 EA @ $3,300.00 $3,300.00 17 6'SPECIAL STORM DRAIN MANHOLE 1 EA @ $5,000.00 $5,000.00 18 MANHOLE RISER ON RCB 7 VF @ $270.00 $1,890.00 19 24"6:1 BEVELLED END TREATMENT 1 EA @ $2,300.00 $2,300.00 20 36"(FW-0)HDWL 1 EA @ $2,700.00 $2,700.00 21 36"PARALLEL HDWL 1 EA @ $2,700.00 $2,700.00 22 48"(FW-0)HDWL 1 EA @ $3,000.00 $3,000.00 23 8'X 4'RCB PARALLEL HDWL 1 EA @ $4,000.00 $4,000.00 24 8'X 4'RCB HEADWALL(FW-0) 2 EA @ $4,000.00 $8,000.00 25 5'X 2'RCB HEADWALL(FW-0) 1 EA @ $3,000.00 $3,000.00 26 5"CONCRETE RIP-RAP 105 SY @ $35,00 $3,675.00 27 12"GRADED ROCK RIP-RAP 233 SY @ $35.00 $8,155.00 28 18"GRADED ROCK RIP-RAP 46 SY @ $50.00 $2,300.00 29 24"GRADED ROCK RIP-RAP 26 SY @ $70.00 $1,820.00 30 TRENCH SAFETY 3,377 LF @ $1 00 $3,377.00 31 INLET PROTECTION 12 EA $100.00 $1,200.00 TOTAL STORM DRAINAGE $480,975.00 TOTAL COST $ 1,098,127.00 125%FINANCIAL GUARANTEE AMOUNT $ 1,372,658.75 4%INSPECTION FEE-PAVING&STORM DRAINAGE 43,925.08 COST ESTIMATE-FUTURE IMPROVEMENTS PARKS AT BOAT CLUB—PHASE 2 PARK DRIVE 10/24/2005 ITEM UNIT NO. DESCRIPTION QUANTITY PRICE AMOUNT PAVING IMPROVEMENTS P.1 Unclassified Excavation 4,402 CY @ $3.50 $15,407.78 P.2 6" Lime Stabilized Subgrade 8,584 SY @ $2.25 $19,314.75 P.3 Hydrated Lime(27#/SY) 115 TON @ $105.00 $12,075.00 PA 6" Reinforced Concrete Pavement 8,144 SY @ $22.00 $179,170.44 P.5 4' Concrete Sidewalk 1,796 SY @ $14.00 $25,144.00 Future Paving Improvements Subtotal $251,112 DRAINAGE IMPROVEMENTS SD.1 30" RCP 30 LF @ $52.00 $1,560.00 SD.2 24" RCP 50 LF @ $44.00 $2,200.00 SD.3 10' CURB INLET 2 EA @ $2,200.00 $4,400.00 SDA 30" HEADWALL 1 EA @ $2,500.00 $2,500.00 SD.5 ROCK RIP RAP 25 SY @ $35.00 $875.00 Future Drainage Improvements Subtotal $11,535 Total Cost for future Park Drive Improvements along Frontage: $262,647 Escrow Amount for Parks at Boat Club Phase 2 (1/2 Total Cost): $131,323 Page 3 I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 9 EA $ 2, 000 $18, 000. 00 MID-BLOCK RESIDENTIAL 7 EA $ 2, 000 $14, 000. 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2, 000 $8, 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 $40,000. 00 City' s Cost $00 ,000. 00 Developer' s Subtotal $40,000 .00 10% Contingency $4,000.00 Project Total $44,000. 00 Adjacent Developer' s Cost $00,000. 00 Developer' s Cost $44,000. 00 2% Inspection Fee $00,000 . 00 CFA CODE #2005063 DEVELOPER' S COST: $44,000. 00 THE PARKS AT BOAT CLUB, PHASE II Fort Worth, Texas June 13, 2005 PAGE I OF Exhibit C oz v' 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 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 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: $44,000.00 THE PARKS AT BOAT CLUB, PHASE II June 13, 2005 FORT WORTH, TEXAS CFA CODE #2005063 Page II of Exhibit C j2� l III "STREETLIGHTS" INTERSECTIONS MOUNT PLYMOUTH POINT & MISTY BREEZE DR 1 MOUNT PLYMOUTH POINT & NAVIGATION DR. 1 MISTY BREEZE DR & PUERTO VISTA DR 1 MIRROR RIDGE DR & NAVIGATION DR. 1 MIRROR RIDGE DR & NOONTIDE DR 1 MIRROR RIDGE DR & PARK DR 1 NAVIGATION DR & NOONTIDE DR 1 NAVIGATION DR & NAVIGATION CT 1 NOONTIDE DR & NOONTIDE CT 1 MID-BLOCK MOUNT PLYMOUTH POINT 2 MISTY BREEZE DR 1 PUERTO VISTA DR 1 NOONTIDE DR 3 CHANGE OF DIRECTIONS MISTY BREEZE DR 2 NOONTIDE CT_ 1 NOONTIDE DR 1 THE PARKS AT BOAT CLUB, PHASE II 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 nine (9) intersections at a cost to the Developer of$900.00: Navigation Dr & Noontide Dr Navigation Dr & Navigation Ct Navigation Dr & Mirror Ridge Dr Puerto Vista Dr & Misty Breeze Dr Park Dr & Mirror Ridge Dr Noontide Dr & Mirror Ridge Dr Navigation Dr & Mount Plymouth Point Misty Breeze Dr & Mount Plymouth Point Noontide Dr & Noontide Ct Parks at Boat Club, Phase II CFA code: 2005063 May 13, 2005 N,n111UTa1NN � -, �_� i.•li+'x�� ,NIIIIIUU/{III\\ \ �+i'��, •' ,�� ->;�:°�'_:':���� �i oniiiiii a ._- M 11 -10 Ell ew -i�•l�r ■. ��� ...C.::.:::_:.:.. I u,nMo,m a.. � -- Nuniiinw— • ' AILEJ BOSWELL zz Nuunm• ■ 7=•na111onuuN 1� ,'':;; � � ll M�.�� � a i awl oil Hingil .i♦ � •ml��in� A ` —•�' = - ■ mn nmi��nu�nm n'I, ,� ■■■■.,-000U„UI,U,.� u aNa..., rim �I _ 1 T T v �? T i 1 EE I I lo,#,. OW. 0 w ■ •® 31I i ■ ■ f ��a t i� ■ fie .. ! . e ® ■ I PAVEMENT WIDTHS: ■ i r--r—�—� i 29' B—B: s, PUERTO VISTA DRIVE 11 MISTY BREEZE DRIVE ■ NOONTIDE DRIVE fit,,; ®■ t _ NOONTIDE COURT - ■ MOUNT PLYMOUTH POIN ■ 'i'+ . I NAVIGATION DRIVE ■® I—' —1 ■ - I 37' B—B: ■ I� MIRROR RIDGE DRIVE ' ■_�! ■ i 41' B—B: FUTURE PARK DRIVE I SIDEWALKS TO BE BUILT EXHIBIT B" WITH HOME CONSTRUCTION STREET & PAVING IMPROVEMENTS SIDEWALKS TO BE BUILT THE PARKS AT BOAT CLUB WITH PHASE 2 CONSTRUCTION PHASE TWO PAVEMENT PHASE 2 ® PARK DR. PAVEMENT CITY OF FORT WORTH TO BE ESCROWED GRAPHIC SCALE 1 "=300 ' ©Graham AINEERS t PLANNERS■ CONSULTING ENGINEERS & PLANNERS 500 SIX FLAGS DMVE. SUrTE 500 ARLM0 300 O0 GTON. TEXAS 70011 (5» 540-alas OFFICIAL RECN5 CITY M11-1,71MAply it 11y"H:�N, YEN. �.a I BR ® -- FT ■ v s ■ ■ v ■ I ® ■ i I It so:c.L ■ I t ® a ■ '® ItI u � s �$ cl ■ �� ■ s ■ ■ ° ■ a i i W ■ t so•c ' �1r c.L ■ s � - a v ' ■ ® a f ■ s 9 ■ a0' ■ t c,L ■ c L ■ e Xo,c.L a 4 • ■ ■ ■ SC ■ Em ■ 51W X, ■ aw . ' P \ C QII37 •y Em / 13z4• : 13DTL I EXHIBIT " B- 1" STORM DRAINAGE IMPROVEMENTS THE PARKS AT BOAT CLUB PHASE 2 CITY OF FORT WORTH GRAPHIC SCALE 1"=300 ' ® Graham AINEERS fP PLANNERS■ CONSULTING ENGINEERS & PLANNERS 500 SIX FLAGS DRIVE' SUITE SDo 0 300 ARUNGTM. TEXAS 713019 (M-n 840-135]5 JCITY FT. W"'WeTH, yEl"'. I � - ■ a ■ R a ■ ■ C f f « r ■ 1 , t ■ ■ i i R ■ C ■ t 1 ° a a ■ ® a a ■ ■ �■oa � s _ ` t a ■ � ■ ° o: i a ■ f■ ■ ■ ■ • ■ t ■ s. ■ t ■ ® I a i a a ■ r t � r— _ ■e � a ^ a ■ t L ■ ■ _ ■ t a /�t � r f a a EXHIBIT " C" STREET LIGHTS IMPROVEMENTS THE PARKS AT BOAT CLUB PHASE 2 CITY OF FORT WORTH GRAPHIC SCALE 1 "=300 ' © Graham AINEERS tesN ERS . CONSULTING ENGINEERS � PLANNERS eoo 9x rocs oRvF since 5W�, nr, „ r�, . ,�neo„ (a,7) 540-R5--Z0 300