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HomeMy WebLinkAboutContract 36504 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Are e'�`F L�� hereinafter called "Developer desires to make certain improvements to Sedona Ranch, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Font 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 of financial security prior to project completion and acceptance by the City. Sedona Ranch 1 CFA 2007091 10807 �lop I f we f' V, �l�s. 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 hai7nless 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, perforinance 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 neQliQence 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). Sedona Ranch 2 CFA 2007091 11 08 07 I�. 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 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 (A-1) None; Paving (B)Attached Storm Drain (B-1) Attached; 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 Sedona Ranch CFA 2007091 1 1 08 07 The Develope rs) agree to install or to cause to have installed, the street, storin drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B. B 1 and C. 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 S 38,921.60 3 SUMMARY OF COST SEDONA RANCH Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $15,400,00 $ 151400,00 2, Storm Drainage $183960,00 $ 185960,00 3, Street Lights $2,500,00 $ 21500,00 4. Street Name Signs $0.00 $ - B. Engineering Design $ C. Construction Engineering and Management by DOE (4%) $ 11374,40 $ 1,374,40 D. Materials Testing by DOE (2%) $ 687.20 $ 687.20 TOTALS $ 383921.60 $ - $ 38,921,60 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. Sedona Ranch 4 CFA 2007091 10807 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, an said eveloper has executed this instrument in triplicate, at Fort Worth, Texas this the ay of 200A Approval Recormnended: ATTEST: Marty Hendrix City Secretary ATTEST: Corporate Secretary Sedona Ranch CFA 2007091 10807 5 Transportation and Public Works Department Robert Goode, P. E. Director City of Fort Worth Marc Ott Assistant City Manager 4 DEVELOPER By: �nish Verma Vice President Exhibit B CFA Cost Estimate ENGINEER: MYCOSKIE MCINNIS ASSOCIATES, INC. OWNER: PROJECT: PROJECT NO: Sedona Ranch Fossil Ridge, LTD Public Improvements 2251-0-1 ITEM NO, ITEM DESCRIPTION UNIT PLAN QUANTITY UNIT PRICE COST A. Water System 1 8" DR14 (Class 200) AWWA C900 water pipe, complete and in place LF 131 $50,00 $6,550600 2 6" DR14 (Class 200) AWWA C900 water pipe, complete and in place LF 12 $48,00 $576,00 3 16" X 8" Tapping Sleeve & Valve EA 1 $ 51000,00 $5,000,00 4 Bore and Jack encasement Fittings Fire Hydrant assembly including tee, 6 inch valve, tee and 6inch pipe complete EA 45 $200,00 $9,000.00 5 TON 0.5 $37500.00 $1,750,00 6 EA 1 $2,600.00 $2,600000 7 8" Detector Check EA 1 $ 157000,00 $15,000,00 8 4 inch copper water service complete EA 2 $2,000000 $4,000,00 9 Class A meter box complete EA 2 $300,00 $600,00 10 Trench safety for depths over 5 feet and over LF 131 $10.00 $17310,00 SUBTOTAL $46,386,00 B. Storm Drain System 12 3' x 2' Reinforced concrete Box LF 41 $200.00 $8,200,00 13 6' x 4' manhole structure EA 1 $3,600,00 $31600,00 14 Crushed limestone for misc placement as directed by engineer CY 10 $5,00 $50,00 15 Trench safety for depths over 5 feet and over LF 41 $10,00 $410000 16 Pavement Repair SY 27 $100,00 $2,700,00 17 Phased Traffic Control LS 1 $4,000,00 $4,000,00 SUBTOTAL $18,960,00 C. Pavement 18 4' Sidewalk LF 460 $15,00 $61900,00 19 Barrier Free Rams EA 4 $1,500600 $61000.00 20 Relocate Street Light EA 1 $2,500,00 $2,500,00 SUBTOTAL $15,400, 00 TOTAL AMOUNT OF BASE BID PUBLIC IMPROVEMENTS: $80,746,00 Exhibit B CFA Cost Estimate 4% Inspection Fee $31229,84 2% laboratory Fee $1,614,92 TOTAL PROJECTED COST $85,590.76 k act of land, and said The Crossing at Fossil Creek, a distance of 1768,28 feet (deed call due West 768.27'), to a 112 inch capped iron rod found stamped Precise" on the East line of said Ironwood Tossing, and being the Northernmost Northwest comer of The Crossing at Fossil Creek, an addition to e City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 7530, F said Plat Records; FENCE North 00 degrees 79 minutes 09 seconds West, along said East line, being common to the West ie of said called 24.356 acre tract of land, a distance of 600.00 feet (deed call North 00 degrees 03 linutes 45 seconds West " 599.90, to the POINT OF BEGINNING and containing 24.356 acres 1,060,939 square feet) of land. OWNER'S DEDICATION Now, therefore, know all men by these presents: That, FOSSIL RIDf>� L1D., acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the herein above described real property as LOT 1, BLOCK 1, SEDONA RANCH, an addition to the City of Fort Worth, Tarrant County, Texas, and do hereby dedicate to the publics' use the streets, easements shown thereon. Pursuant to section 12.002 of the Texas property code, as amended, I have obtained original tax certificates from each taxing unit with jurisdiction over each parcel of real property in said subdivision indicating that no delinquent ad valorem taxes are owed on the real property which is the subject of the plat or replat 1 have submitted to the City of Fort Worth, Tarrant County, Texas for riling and recording with the Tarrant County Clerk's Office. WITNESS MY HAND this the day of August, 2007. BY.• FOSSIL RIDGE, LTD. By. _ Name: Title: MANISH VERMA VICE PRESIDENT STATE OF TEXAS )( COUNTY OF BEXAR )( Before me, the undersigned authority on this day personally appeared Manish Verma, known to me to be the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the some for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of corporation. Given under my hand and seal of office on this the day of August, 2007. Notary Public in and for the State of Texas My commission expires: SU RVEYOR'S CERTIFICATE This is to certify that 1, Merle W. Miller, a Registered Professional Lond Surveyor of the Stofe of Texas, have plotted the above subdivision from an actual on the ground survey, and that all lot comers, angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents the property as determined by a survey made by me or under my direct supervision. Merle W. Miller Date: August 1, 2007 Registered Professional Land Surveyor No. 5438 State of Texas LI NE TABLE LINE SEARING LENGTH L1 50077'S5"E 12.84" L2 N8945'3rE 8,95' L3 ND0730300W 246,740 L4 S89S360300W 11.16' L5 N36.5022"W 106,280 L6 S0094230E 14,75' L7 S4049104 E 65.71F L8 N69.01'58"E 62.89' L9 S50.042rE 48.02' L10 SI9'15'48"E 90.41' L11 S11798Irw 19.43' L12 S69ro1'58"w 46,27' L13 S205B'020E 58,58' L14 N90VO1000E 61.4W L15 S68412'33"W 25,94' Lib S007423"E 40,00' L17 N25'06001 E 33,15' L18 S00647300E 11.08' L19 N89°45'3rE 81.97' L20 N894503rE 67.47' MERLE W. MILLER 5438 I.VUN 1 r, ICAAL D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS U.E. UTIUTY EASEMENT D.E. DRAINAGE EASEMENT W.L.E. WATERLINE EASEMENT P.0.S.E. PUBLIC OPEN SPACE EASEMENT CAB. CABINET SL. SLIDE VOL VOLUME PG, PAGE NO, NUMBER CCi' COUNTY CLERK INSTRUMENT NO. SOFT. SQUARE FEET ESMT. EASEMENT P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING ASSOC, ASSOCIATES OSTREET NAME CHANGE A 'I. ''NOTE THIS PLAT IS VALID ONLY /F RECORDED W/7H/N NINETY (90) DAYS AFTER DATE OF APPROVAL PLAT APPROVED DATE BY; CHAIRMAN BY: SECRETARY FS-007-082 FINAL PLAT LOT 10 BLOCK 1 SKDONA RANCH AN ADanoN TO 1NE CITY OF FORT wnRTH, TARRANT COUNTY, 1EXAS B®NG 24.356 ACRES QF LAND LOCATED /N THE RICHARD MORRIS SURVEY ABSTRACT NO. 1OW OWIJER/DEVELOPER: F0� RmGa. LTD. 45 NE LOOP 410 SUI7E 290 SAN ANTONIa IX 78216 PHONE" (210) 530-0090 FAX: (210) 530-5060 CONTACT: GREG 774ORSE EMAIL gthoraeahbout-d&com AUGUST, 2007 mim�a mycoskie �-mcinnis+associates civil engineering surveying lantlswpe architecture piannirg 2 0 0 e a s t a b r a m o r l t n g t o n, t e x a s 7 6 0 1 0 817-469-7671 fax: 617-274-6757 w w W, m m a t e z a a. c o inSNW 1 OF f THIS PLAT IS RECORDED IN CABINET -SLIDE DATE .� _ -___ _ ------------------------ -- r- 4 4 x 3 e 0 s 1 j3 I I I :ice' i I \• I FALL {^ 1 14' SIDEWALK la Lj , I I r r r I g - a , y� $ >s I , a ' % EX. LP , 'r r , , V � r r � REL OCA TED EX. L P s+ 13 I 76 15 74 ' 13 ' 12 11 10 ' 9 j _ THE CROSSING AT T FOSSIL CREEK CAB. A. SL. 6081 s DATE: 09/21/07 PROJECT ,#: 2251-0-1 DRAWN BY.• M. BUCKLEY CHECKED BY.• M. BUCKLEY SHEET NO: 1 OF 1 I I 8 II I , I I 1 I I I 1 `\ I I , 1 S.E'D O1VA RANCH BLOCK 1, LOT PAVING IMPROVEMENTS EXHIBIT B I ?(I 1 1 � 0 I 50 100 1 inch = 100 ft. mma 1 mycoskier;-a-('m�'cinnis--associates �i��enyn�ijr�q surgepng landscape architecture planning 200 east a b r a m —� rling to n, texas 76010 617-488-1871 1ax817-274-8757 4' CONCRETE FL DETENTION POND DATE: PROJECT #: DRAWN BY.• 09/21/07 2251-0-1 M. BUCKLEY CHECKED BY.• M. BUCKLEY SHEET N0: 1 OF 1 Q I STA D+46.13 SD-C INSTALL 4'x6' SDMh Lli LLJ cr U 30' PIPELINE ESMT. PROP. 2'x3' RCB 0 0 w SE7D ONA Rol NCH BLOCK 119 LOT 1 PUBLIC STORM DRAIN IMPROVEMENTS EXHIBIT B-1 T &REPLACE JG PA VEMEN T mycoslde mcinnis -associates dWl erpineerinp sunreylrp I�tJscape erchNecture plennlI V 200 east abram a I i n p t o n, t a x a a 76010 817-469-1671 la x817-274-8757 III STREETLIGHTS I. STREE I LK211 UO 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: $2,500.00 CFA CODE # 2007091 Sedona Ranch Fort Worth, Texas PAGE 1 OF EXHIBIT "C" 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 1 EA $ 2,500 $2,500.00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal 4% Inspection fee Project Total Adjacent Developer's Cost Developer's Cost November 1, 2007 $00,000.00 $o,000.00 $00,000.00 $00.000.00 $2,sao.00 II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in exhibit , 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: $2,500.00 November 1, 2007 CFA CODE # 2007091 Sedona Ranch PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: RELOCATE EXISTING LIGHT: Old Denton Rd 1 CFA CODE # 2007091 Sedona Ranch PAGE 3 OF EXHIBIT "C" 1 2. 3. Iv STREET NAME SIGNS 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. 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 intersections, apartments) Sedona Ranch CFA code: 2007091 November 1, 2007