HomeMy WebLinkAboutContract 36558COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, Two SR, L.P. hereinafter called "Developer",
desires to make certain improvements to _Sendera Ranch East Ph. VI Sec. 1C., 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 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
Or
financial security prior to project completion and acceptance by the
City.
Sendera Ranch East Ph. VI Sec. 1C 1
CFA 2007111
12 19 2007
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 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
dama,aes are caused, ill whole or in part, by the alleged negligence 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
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).
Sendera Ranch East Ph. VI Sec.1C 2
CFA 2007111
2192007
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. Developer agrees to provide, at its expense, all necessary rights of way
and easements across property my 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 (A-1) None; Paving (B)Attached
Storm Drain (B4) Att ed; Street Lights and Signs (C) Attached..
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 Developers) 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 $ 71,846.60
Sendera Ranch East Ph. VI Sec. 1C 3
CFA 2007111
12 19 2007
SUMMARY OF
COST
Sendera Ranch East Ph. VI Sec. 1 C
Item
Developer
Cost
City Cost
Total Cost
A. Construction
$ -
1. Streets
$65,095085
$65,095285
2. Storm Drainage
$0.00
$ -
3. Street Lights
$2,600.00
$2,600.00
4. Street Name Signs
$245000
$245200
B. Engineering Design
$
C. Construction Engineering
and Management by DOE
4%
$2,603083
$2,603083
D. Materials Testing by DOE
2%
$1,301092
$11301.92
TOTALS
$71,846060
$ -
$711846.60
Notes:
l .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.
Sendera Ranch East Ph. VI Sec. 1C 4
CFA 20071ll
2192007
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, said eveloper has
executed this instrument in triplicate, at Fort Worth, Texas this the ay of
2009
Approval Recommended:
ATTEST:
PL
Marty Hen 'x
City Secretary
ATTEST:
Corporate Secretary
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City of Fort Worth
Marc Ott /G4)
Assistant City Manager
DEVELOPER:
Two SR, L.P.
By: Centamtar Terras, L.L.C.
A Texas Limited Liability Company
General Partner
Me] dad Moayedi, Manager
CFA 2007111 � � r' 4 AIM
2192007
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SENDERA RANCH EAST
PHASE VI, SECTION 1C
15 NOV 2007
PAVING
ITEM#
DESCRIPTION
QTY
UNIT
PRICE
AMOUNT
1
6" LIME STABALIZED SUBGRADE
11645
S.Y.
3.25
59346025
2
6" R.C. STREET PVMT W/7" CURB
19598
S.Y.
35.20
56,249.60
4
HYDRATED LIME (30#/SY)
25
TON
110.00
2,750.00
3
REMOVE EXISTING END OF ROAD BARRICADq
1
E.A.
250.00
250.00
5
STORM WATER MANAGEMENT 1
1
L.S.
500.00
500.00
TOTAL -PAVING $65,095.85
STREET LIGHTS &SIGNS
ITEM#
DESCRIPTION
QTY
UNIT
PRICE
AMOUNT
1
STREET LIGHTS SINGLE ARM ONLY)
1
EA.
$29600.00
$29600.00
4
STREET SIGNS
1
EA.
$245.00
$245.00
TOTAL STREET LIGHTS/SIGNS $2,845.00
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