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Home My WebLink AboutContract 35165COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COLTNTY OF TARRANT � Contract No. ��JI �� WHEREAS, MAW Rivei•'s Ed�e, LP , hereinafter called "Developer", desires to make certain impi•ovements to River's Edge Amenitv Center , an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developei• has requested the City of Fort Worth, a municipal cotporation of Tarrant, Denton and Wise 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 and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied 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 i•esolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragi•aph 6, Section II, of the Policy. D. Developer acicnowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall awai•d all contracts for the constr•uction of community facilities in accordance with Section II, paragraph 7 of the �� , Policy. j ; , � . . _ . ! ,. � ��,�' �;�'�I;�Ijt'��L;�i;r';,1 River s Edge Amenity Center CFA 1 ,� . ,, r;, � �,�', ' 03 16 07 ��, ?';'�::a;��ft� u�i��o F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. The Developer furthei� 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, whethei• t•eal or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting fi�om or in connection with the construction, design, performance or completion of any worlc to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the warlc, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, wlaetlter or not suclz in�iuf'ies, deatlz or danztc�es nYe ct�usetl, in fvliole of' li2 plli�t, bv t/te alleQed neQli�ence of tlze Citv of Fot�t Worth, its officef�s, sef•v�cnts, of• employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. L 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). J. 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). K. 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. L. Developei• agi•ees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to River's Edge Amenity Center CFA 2 03 16 07 construct cur•rent and future improvements provided for in this agreement. M. Developer agrees to consti•uct 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) None; Street Lights and Signs (C) None. N. 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 impi•ovements" 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, 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 $ 4,081.00. River's Edge Amenity Center CFA 3 03 16 07 SUMMARY OF COST R/VER'S EDGE AMEN/TY CENTER Item Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $3,850.00 3,850.00 2. Storm Drainage $ - 3. Street Lights $ - 4. Street Name Signs $ - B. En ineerin Desi n $ - C. Construction Engineering and Management by DOE $ $ (4%) 154.00 154, 00 D. Materials Testing by DOE $ $ (2%) 77.00 77.00 $ $ TOTALS 4,081.00 $ - 4,081.00 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. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. River's Edge Amenity Center CFA 4 03 16 07 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 aid D elope� has executed this instilunent in triplicate, at Fort Worth, Texas this the aJ' d�.y of 1 , 2007. - ; � , �, � . ��.;.� � . Approval Recommended: p N[�i; ��.�<�P�I�I;��°,�s'� �, � _n_ �_..��1�__ ,�f--=�— TTEST: Marty Hendrix City Secretary ATTEST: Corporate Secretary River's Edge Amenity Centei• CFA 5 03 16 07 Transportation and Public Worlcs Department � ( � `��i Robert Goode, P. E. Director City o ort W � Marc Ott Assistant City Manager DEVELOPER Marlin Atlantis White, Ltd By: MAW Holdings, LLC By: MAW River's Edge, LP By: � . John Marlin, Ma ager�, , , . , ., ; � �:, f�'� I : � !; ; �L ,�...� v� v .1�; ��,., . � ,, �i' �(`;: `>':�i� �,;�f�, j��,� ',ii�� ! �: J u �I ��.� .� i.5 Ili-! 1i � ny� �•-�-� U nnr � �� ?(ri'(i1t C) i !fJ� ..��✓1.�I1'y ��o , ��-��-, ESTIMATE OF PROBABLE COST ��,�,.��z �' �� 'z��l� 1 of 1 I�R-15-2007 14:a4 From: Ton C. Cal�ndrfl, LP PU Box 271U75 Flawcr Mound, 7X 75027-1075 972-9R9-2620 972_89)_241$ - Nax Name I A�d�ess Murlin - Allahlin Atm: Mr.Kome 13ames 13453 Nocl Rd, 23n1 Flour Dallus, Tcxas 75240 Oescription Itivcr's Edgc Arucnity Ccn�cr Mcdiuny - Ft. Worth, TX lns�all u six inch eurb und puur lhv c+:n�Cr urru uf r.ucl� mcYli.�u (total of 2) 'IYuffiC C,'��nirtd �Ir�.�67 Acccptcd By -� Data Qty 'Ph�mk yuu fur Ihc uppuruuFily �« hid this praject. Bid is velid for t}uRy (30) day5• E-maii .Tunf'alandr�(a�.yahoo.com To:81�8716543 F•z'Z EStililat@ Date Estimate # 2122/2on7 7S Cost Total 3,850.00 7�g5U.00 1,12�A0 I,i�4.00 Ti �tal Ra,��a.no III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: INTERSECTIONS MID-BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID-BLOCK COLLECTOR MID-BLOCK ARTERIAL MID-BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT DEVELOPERS COST: $0.00 CFA CODE # 2007028 River's Edge Amenity Center Fort Worth, Texas PAGE 1 OF EXH/BIT "C" QUANTITY UNIT COST 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 2,600 0 EA $ 3,200 0 EA $ 3,200 0 EA $ 1, 650 Subtotal City's Cost Developer's Subtotal 4% Inspection fee Project Total Adjacent Developer's Cost Developer's Cost March 16, 2007 TOTALCOST $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 $00,000.00 �o.00 $00,000.00 $00.000.00 $0.00 II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shali 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 of Fort Worth will install all the streetlights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4. Street lights on arterial streets shall be installed with underground 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 operations of the street light system 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. DEVELOPERS COST: $0.00 March 16, 2007 CFA CODE # 2007028 River's Edge Amenity Center PA GE 2 OF EXHIBI T"C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2007028 River's Edge Amenity Center PAGE 3 OF EXH/BIT "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 $245.00 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: (No new intersections, street name signs are existing) River's Edge Amenity Center CFA code: 2007028 March 16, 2007 r 's t� �� t�� L i� 3p f;o sss � ,i � } . � � � � `' � �. � �� n ; €; � RIVER'S EDGE AMENITY CENTER `"� _ �-�@ "" E� +� _ QfY OF FORT WORTH, TIX/�S m, _.�W. .. � k� — � 4 �,..�_��.,.�...�_.�-��..,.,,s__.,-.., 6 _ CONSTRUCTION PLAN - 1244 CASfLEGAR LANE �"�e�� r � � � XN 2 � 2 � r m v O O r � � � � � N S �� o � � _ �� do �, ni � ' �� , � � �-��_� � �� p �� b� � � e ��s ; F �� € p� � i��x''a# � 4 ��0��3;rn ��orn ! ;£ �y��==o �� - �� ; 'A� i � 1 �6 gL I �� I ' �� I we i i�g , �ia „}.� (7 i_•c'� � .�.. i k � . ._ =i � � RIVER'S EDGE AMENITY CENTER � �': § � .q..a.._�..�r_...a��QlY OF FORT WORTH, TEXAS _._._,..�_. CONSTRUGTION PLAN - 1244 CASTLEGAR LANE m,.. ..6. aevisiors „ ..,.�6