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Home My WebLink AboutContract 37000COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 31 `b WHEREAS, WDS Green Oaks L.P., a Texas Limited Partnership, hereinafter called "Developer", desires to make certain improvements to Wilcox Plaza at Green Oaks, 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 of financial security prior to project completion and acceptance by the City. Wilcox Plaza at Green Oaks 2008005 o2/05/2008 V 6 L�iEU!�fry a YL,�, 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 iniuries, death or daina,zes are caused, in whole or in part, by the alleged nealiaence 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). Wilcox Plaza at Green Oaks 2 2008005 02/05/2008 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 reasonably required to construct current and future improvements specifically and implicitly 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)None Storm Drain (B4) Attached; 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 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 Exhibit 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, storm drainage, street lighting, street name signs as shown on the attached Exhibit B4.The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 297,150.00 Wilcox Plaza at Green Oaks 2008005 02/05/2008 3 1. 1(S?(q Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $0.00 $ - 2. Storm Drainage $297,150000 297,150000 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE 4% $ 11,886600 $ 11,886000 D. Materials Testing by DOE 2% $ 51943900 $ 51943600 TOTALS $ 314,979,00 $ - $ 3143979.00 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. Wilcox Plaza at Green Oaks 4 2008005 02/05/2008 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 executed this instrument in triplicate, at Fort Worth, , 20080 Approval Recommended: ATTEST: Marty Hendi'� City Secretary Wilcox Plaza at Green Oaks 2008005 02/05/2008 5 City affixed, and said Dev Loper has Texas this th A4 day of Transportation and Public Works Fernando Costa Assistant City Manager 1 t � DEVELOPER WDS Green Oaks, L.P., a Texas limited partnership By: WDS Green Oaks GP, LLC, a Texas limited liability company, ItR nPnPral nartnPr B Corporate Secretary Wilcox Plaza at Green Oaks 6 2008005 02/05/2008 N U N N O O Google Maps Page 1 of 1 �� .. li��p� � �_: �, � I � t7 r � �' l� '• � � �• � x r'-- 1 � i � f � , Get Google Maps on your phone Tacttheword'GMAPS"to466453 pve Delmont Ave � � � � J "`� ,iir+� �m��`lo'�`-- -I�: � --! 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I @0007 le :---�"`A Title Wilcox Plaza at Green O� Description 6901 West Freeway Fort Worth, TX 76116 Privacy settings Leam more �� Pubfic —Allow others to find this map in search results and on your profile. ______� ,_. _ Unlisted '� ' � - `' � � �� Wilcox Plaza at Green Oaks � ��)s�'�j ��/�`��_�� , kitty://mans.�oogle.com/maps/ms?h1=en&ie=UTF8&msa�&11=32.738591,-97.43753$csp... 1 /16/2008 o go �4 b 0 e U '9 C F 7 'J O �= x� U� of 03 �J O U U y, z x y U d x m S w i - -W i i I F- z W M w n (/) rLl LLJ N Q az �o I � dDa „tr8 0NIl51X3 464 LF PROPOSED 8'x10' BOX CULVERT 2 1 o r4 N ; k i LIP ' TTi At • yy1 �aa�S aua�I u C=7 O A r 01/17/2008 11:33 979"82299 CALHAR CONST0UCTION PAGE 02 PAGE 1 O1F 1 January 171 2008 (Cafflarl Spring Valley Consum"Ron Mr. Richard Cavikar 214-340-9800 Fax: Proposal #28W6A: Public Storm Sewer214-340=910tf rt� t � Wsy Breakout For Site Ut"rlities at Wilcox Plaza at Green Oaks in Ft. W_-- ' mTex8sw-v UNIT [TPFiT PE To TAL ITEM 464 Lr SSTORMSTORMSEAR $ , 525,00 i 243G40 40 1 10'x8' Box Culvert (poud-in-placc) 1 EA $ 34,500.00 $ 34.540,00 2 1.2'x23' Modified Junction BOx (16' Deep) 1 EA S 167800.00 S 16,800.00 3 Mndi#Y Existing Junction Box (10 Ucep) 1 LS $ 2,250.00 $ 27250,o0 4 Trench Pxotccdon TOTAL S 297,150,00 Tease ca11 me ff ynu hstve Dpvid Lippert 7 sir y71�� 2�38 Ca1Har Drive * Melissa, Texac 75454 * office 972J838-2$88 * Fax 972l838-2299 01/17/2008 THU 11:37 [TX/RX NO 7762] 12002