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Home My WebLink AboutContract 365324 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No WHEREAS, Target Corporation, hereinafter called "Developer", desires to make certain improvements to land within (or public land immediately adjacent to) Lot 1, Block 1, Westover Village Addition, 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, Denton and Wise Counties, Texas, hereinafter called "City", to do certain inspection and testing 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 resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. Target -Westover Village Addition CFA 2007084 08 27 07 1 E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. 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 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 hereunder 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 damazes are caused, in whole or in part, by the alleged negligence (other than the Zross nealiorence or willful misconduct) of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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 1049100, 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). Target -Westover Village Addition 2 CFA 2007084 08 27 07 K. Developer hereby releases and agrees to indemnify and hold the City harinless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. L. 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. M. 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 (A4) None; Paving (B) Attached; Storm Drain (134) Attached; and 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 Stot-�n Drain Facilities A. The Developers) agree to install or to cause to have installed, the street, storm drainage and other community facilities improvements shown as "current improvements" on the attached Exhibits B and B 1. 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 and storm drainage as shown on the attached Exhibits B and 131. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to be $27,836.40. Target -Westover Village Addition 3 CFA 2007084 08 27 07 SUMMARY OF COST TARGET-tNESTI VEK VILLAGE ADDITION Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $16,699.75 $ 16,699.75 2. Storm Drainage $9,561.00 $ 91561000 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ - C. Construction Engineering and Management by DOE (4%) $ 19050A3 $ 13050,43 D. Materials Testing by DOE (2%) $ 525.22 $ 525.22 TOTALS $ 27,836.40 $ - $ 27,836040 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. Target -Westover Village Addition 4 CFA 2007084 82707 1N 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, at Fort Worth, Texas, and said Developer has ex cuted this instrument in triplicate, at Minneapolis, Minnesota, to be effective as of theIQT ay of Approval Recommended: NO 11+t€�.��aRI;�iJI1�FD= ATTEST: LAz Marty Hendrix City Secretary Target -Westover Village Addition CFA 2007084 82707 5 Transportation and Public Works Department Robert Goode, P. E. Director City of For�Vorth Marc Ott Assistant City Manager TARGET CORPORATION 13y: Scott��Nelson Vice �ident —Real Estate �, ?I, YES?, Source: Google Maps TARGET -LOT 1, BLOCK 1 WESTOVER VILLAGE ADDITION Lawrence A. Cates &Associates, LLP Consulting Engineers Dallas �kAustin 14800 Quorum Drive, Suite 200 4201 Bee Caves Road, Suite C210 Dallas, Texas 75254 * Austin, Texas 71 4, Office:972-385-2272 Office:512-327-8800 h V i M O N� h a ~ O QJON . k O Q W 04 W Q. _ Q: oti�U Q U WI Id r ` c OW 410beet � a Oda` O O tioz m J N o U O m > O� `\ _ J _ beer \� pp^e v ' J beer �► L mo d�%yoJbe W o N Zd �Y,N b _ O Q V)tito i �8 _ QjN Zo P N co - + i co Oc bed W QOViN f Q S be, l l i l i t 1 I rl i 1! I I EMT (! j 1 I I i[ E U 1---------------- -- \ --- f' id!0 Ifs! IR ! I i! Ided bet FM h4 fir D 141 j, I 11,1141 I l l f 11 l E it 0�1 I ! 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STREETLIGHTS COST ESTIMATE: INTERSECTIONS MID -BLOCK RESIDENTIAL CHANGE OF DIRECTION RESIDENTIAL MID -BLOCK COLLECTOR MID -BLOCK ARTERIAL MID -BLOCK ARTERIAL MEDIAN RELOCATE EXISTING LIGHT QUANTITY UNIT COST TOTAL COST 0 EA $ 2,600 $00,000.00 0 EA $ 2,600 $00,000.00 0 EA $ 2,600 $00,000.00 0 EA $ 2,600 $00,000.00 0 EA $ 3,200 $00,000.00 0 EA $ 3,200 $00,000.00 0 EA $ 1,650 $00,000.00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $0,000.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $O.QO DEVELOPERS COST: $0.00 (Streetlights are not included in project) CFA CODE it 2007084 Target —Westover Village Addition Fort Worth, Texas August 21, 2007 PAGE 4 OF EXHIBIT "C" II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in exhibit Co 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 August 21, 2007 CFA CODE # 2007084 Target -Westover Village Addition PAGE 2 OF EXH/BlT "C" III. STREETLIGHTS LOCATIONS: CFA CODE # 2007084 Target -Westover Village Addition PAGE 3 OF EXHIBIT "C" 1 2. 3. Iv STREET NAME SIGNS The City %J 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. 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. This development creates the following zero (0) intersections at a cost to the Developer of $0.00. (No new {public} intersections) Target -Westover Village Addition CFA code: 2007084 August 21, 2007