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Home My WebLink AboutContract 37108COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No._El I o � WHEREAS, Town Center Mall, L.P., hereinafter called "Developer", desires to make certain improvements to Fiesta Marl 44 — La Gran Plaza, 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 11, 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. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. Project Name -- Fiesta Grocery (a) LaGran Plaza CFA ]dumber — 2008-029 llate@ May 14, 2008 N� F 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 iniuries, death or dama,aes are caused, in whole or in part, by the alle,:;ed negligence of the City of Foist Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to seine 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). 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 owned by Developer required to i Project Name -•• Fiesta Grocery �tJ LaGran Plaza 2 U •, „ ; CFAPlumber-2008-029� r,l Date: May 14, 2008 " 'r t GL, construct current and future improvements provided for in this agreement. AMENI>MI N"TS TU TI11"s FOL[.,OWING NECESSARY PER PROJECT SPECIFICATIONS SECTIONS AS M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A)Nones Sewer (A -I) None; Paving (B)None Storm Drain (13-1) Attached; Street Eights 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 improvements" on the attached Exhibit B l . 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 Exhibit B 1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ Y 2,529.20 Project Name —fiesta Grocery (n7 LaGran Plaza CfA NumUer— 2008-029 Date: May 14, 2008 SUMMARY OF COST Project Name Fiesfa Grocery at LaGran Plaza DOE # 5850 Item Developer Cost Clfy Cost Total Cost A. Construction $ - 1. Streets $ - 2. Storm Drainage $ 111820M $ 117820M 3, Street Lights $ - $ - 4, Street Name Signs $ - $ B. Engineering Design $ C. Construction Engineering and Management by DOE 4%) $ 472080 $ 472180 D. Materials Testing by DOE 2% $ 236.40 $ 236040 TOTALS $ 12,529.20 $ - $ 12152910 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, Project Name —siesta Croce�y @ LaGr�n Plaza CTA Number — 2008-029 Date: May 14, 2008 IN TESTIMONY WHEREOF, Inc 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 executed this instrument in triplicate, at Fort Worth, , 2008. Approval Recommended: ATTEST: Project Name — ricsta Grocery @ LaCran Plaza CP'A Number-2008-029 Date: May 14, 2008 City affixed, and said Developer has Texas this the �a day of Transportation and Public Works Cit of Fort Worth„ Fernando Costa Assistant City Manager ATTEST: Corporate Secretary DEVELOPER: Town Center Mall, L.P. A Texas limited partnership By: Town Center Property, L.L.C. A Texas limited liability company By: LGP Property, L.L.C. A Texas limited liability company its managing member By: r Project Name— siesta Grocery (� LaCran Plaza C1�A Number— 2008-029 Date: May 14, 2008 0 0 N CONSULTING CIVIL ENGINEERS • SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale N.T.S. Date Design T.C.Y. Drawn W.A.I. Dwg. File : 31533CFA.dwg Project No. : 31533.01(20) MAPSCO PAGE 91-E N.T.S. J.F. ELLIS SURVEY ABSTRACT N0.490 CITY OF FORT WORTH TARRANT COUNTY, TEXAS ow+eR: LA GRAN PLAZA 4200 S. FREEWAY, SUITE 2500 FORT WORTH, TX 76155 VICINITY MAP FIESTA MART 44 FORT WORTH, TARRANT COUNTY, TEXAS RESTAURANT AND PARKING RECONFIGURATION AREA CONSULTING CIVIL ENGINEERS ■ SURVEYORS (972) 490-7090 FAX (972) 490-7099 Scale 1 = 5UU Date U5/ 15/Ut5 Design : T.C.Y. Drawn W.A.I. Dwg. File : 31533CFA.dwg Project No.: 31533.01 20 J.F. ELLIS SURVEY ABSTRACT N0.490 CITY OF FORT WORTH TARRANT COUNTY, TEXAS °*'°" LA GRAN PLAZA 4200 S. FREEWAY, SUITE 2500 FORT WORTH, TX 76155 '^ r#Ivy U is �Ua 0' 250' S00' I I I SCALE: 1 "= 500' STORM DRAIN EXHIBIT EXHIBIT B-1 FIESTA MART 44 FORT WORTH, TARRANT COUNTY, TEXAS SHEET OF 2 Community Facilities Agreement for FIESTA 44 - LA GRAN PLAZA April 23, 2008 Description Quantity 1 Unit I Unit Price Total Exhibit B-1 * Storm Drain 1 Connect to Ex. 111 RCP 1 Ea. $ 9,500.00 $ 91500000 2 Remove Existing 15" 20 LF. $ 24.00 $ 480.00 3 30" CL III RCP 20 LF. $ 91.00 $ 1,820.00 4 Trench Safety 20 LF. $ 1200 $ 20.00 Subtotal $ 11,820.00 4% Inspection fee $ 472.80 2% Testing Fee $ 236A0 Total Insp /Test Fee Total Construction Cost $ 125% Total Const. 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