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HomeMy WebLinkAboutContract 34363 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.,343L,(3 WHEREAS, Park Ridge Multi-family L.P., a Texas Limited Partnership, by LPC- PPC Park Ridge L.P., a Texas Limited Partnership, its General Partner, by Lincoln Property Company No. 2063 Limited Partnership, A Texas Limited Partnership, its General Partner, by Lincoln No. 2063, Inc., a Texas Corporation, its General Partner, hereinafter called "Developer", desires to make certain improvements to Park Ridge IV Addition, Offsite Water, 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, Wise, and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Jeff Courtwright, its duly authorized Vice President and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, subsequently amended and approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Contract as if copy 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. Park Ridge IV Addition,Offsite Water Page I of 5 D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. F. 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 damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. 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). I. 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). J. 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. 'rM11*11ib JSS�J lU Park Ridge N Addition,Offsite Water Page 2 of 5 o ✓J. :r49 cCe K. 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A)attached; Sewer (A-1) ; Paving (B) Storm Drain (B- 1)_; Street Lights and Signs (C). M. 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. Water Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $644,809. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 99,611 $ 477,198 $ 576,809 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- ,Engineering $ 12,500 $ 55,500 $ 68,000 Sub-Total Water Is 112,111 $ 532,698 $ 644,809 *To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. The final cost to Developer and City shall be based upon: 1. Public open bid; Park Ridge N Addition,Offsite Water Page 3 of 5 WATER COST SHARE (Developer pays for 8" water pipe, gate valves, and fittings in Park Hill Drive and 6"/10" water pipe, gate valves, and fittings in Frazier Avenue. City pays for 8"/24" water pipe, gate valves, and fittings in Park Hill Drive and 6" water pipe, gate valves, and nine 1" domestic services in Frazier Avenue.) Park Hill Drive Improvements ($372,402) 1 L.S. x $372,402= $ 372,402 Frazier Avenue Improvements ($104,796) 1 L.S. x $104,796 = $ 104,796 $ 477,198 TOTAL WATER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 112,111 $ 532,698 $ 644,809 Total Water Construction $ 112,111 $ 532,698 $ 644,809 Construction Inspection $ 1,992 $ 9,544 $ 11,536 Grand Total 1 $ 114,103 $ 542,242 $ 656,345 Park Ridge IV Addition,Offsite Water M Page 4 of 5 ls � �;�. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate 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, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the lVay of 2006. Approval Recommended: Water Department L'_ " & Imo. S. Frank Crumb Director ATTEST: City Of Fort W City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved as to Form: DEVELOPER Park Ridge Multi-Family L.P., a Texas Limited Partnership By: LPC-PPC Park Ridge L.P., AssistaWCify Attorney a Texas limited partnership, its general partner By: Lincoln Property Company No. _ontr:-_t uthr'ri=atioa 2063, Limited Partnership, A Texas Limited Partnership, its general partner Date By: Lincoln No.2063, Inc.,a Texas ATTEST: Corporation, its general partner 1 By: Corporate Secretary JeffCourtwright, Vice P ent ,�+• 7FAHER GARRY , Park Ridge IV Addition,Offs ite Water UBlIC3TATE0FTE�13 ��� r r„Pa e5of5 'g L � ISSION EXPIRES:MBER 12,2006 w I = LL PA J F R 0 o = w o PE B K a~i 'tt+ Y T Forest Pork -c o a � RI M D I ¢ = w ¢ B TI E � ` a v m O .1 AR ING ON N WINDSOR w HA HD NE H 1 HUNTIN 3TON LIL C LILA l\ w HAWTH RNE MI CHE L U w p D0 J In WILSHI r of O J P GLENC z z CARLOC w ¢ CARL z JE SA INE ALE o 'I �7PR0 75 N < to _ w ELI AB TH '' \� a z x = ¢ P RI HI L _� LD R E � W. ROB RT ;� M B T 50Nz= vLL) NJ AP L.j o w LJ M x l— � zo Mc Rt p¢ CA j w i C NT pN z a PRINC TON o p > ~ } w LOWD N w LO E _ ¢ m ¢ a co BC WE BOV E2 tj U U7 ¢ c'L:' a a BERRY W _j (Aw in W O <J r � oo ow DE IT aU Pk EntI OWE o DE ITT Q z CD z SH W ICL RKE= 5H N.T.S. L 0 CA PION MAP PARK RIDGE IV ADDITION .4;%VDullaway Engineers L.P. b I Pan l L ners SuNeyom Associates, .1 . Landscape AmNecls 1501 Merrimac Circle,Suite 100,Fort Worth,TX 76107 Tel(617)335-1121,Fat(617)335-7437 D.O.E. # - 5304 WATER PROJECT # - P164-060164015516 SEWER PROJECT # - P174-070174013506 FILE # W - 1841 DA# 2005172 i 4 II i r L IIII L1 i —pMia F1i I;1Ii1I LL _LL Jifl111t. r GE IV IDbIT�fO b I x BLOCK LOT I I p J )I V j — � ggrf '✓ I I 16 � j T RK, PA RIDGE IV ADDITION lift BLOCK I rc I. LOT 2 2" A'ATERLINE ` _ 6" )YATERLINE B' ?PA TER, Z 1 I I u LeGJT'D V FZIM MRANT Z GATE VALVE • R DUCM g BLOWOUT EXHIBIT 'A ' WA TER IMPR0 VEMEN TS PARK RIDGE IV ADDITION GRAPHIC SCALE 0 75D JDD 6O0 DunawaySUNEY Engineers (� I Planners J inch 300 R Associates, L.P. Landscors Landsgpa Architects 1501 Merrimac Cirde,SWe 100,Fort Worth,TX 76107 D.O.E. # - 5304 Tet:(617)335-1121.Fare(817)335-7/37 WATER PROJECT # - P164-060164015516 SEWER PROJECT f - P174-070174013506 FILE # W - 1841 DA# 200517; — � ..jam 1 }• •t � ..r EI S�j / all;liy�_ �1111, t 2 � lilill IIL" -'�Jltlal 11��,r GE 1V D t BLOCK �' LOT 1 J tl' !:M L tJ✓ I � � � C� I I 1 � "ram i n�i I PARK RIDGE IV ADDITION t),BLOCK 1 LOT 2 I •. AfCPEERSJCIN.�Sl�tF�. SCE, _ _J { I N LWMM V FM HYDRANT Z GATE VALVE • REDUCER g EwwoUT EXHIBIT 'A —1 ' WA TER IMPRO VEMEN TS PARK RIDGE IV ADDITION GRAPHIC SCALE 0 150 J00 600 ix Dunaway �° � " ��� i inch a 300 ft AV Associates, L.P. I LenSurveyorsdsnpe Arc Meds 1501 Metdmee Chb.SuMe 100,Fat Watt TX 76107 D.O.E. f — 5304 let(617)3351121,Fac(617)3357137 HATER PROJECT f — P164-060164015516 SEWER PROJECT f — P174-070174013506 FILE # W — 1641 n DAB 005172 i — — — i LIML GE IV m BLOCK 9 I LOT 1 � r 6" SANITARY S. LINE it f J r CI SA11 SE 5 I PARK RIDE ADDITION 1 LOT 2Lq k SANITA(R S I E X. a � i { i LEGEND • SEWER AUWOLE EXHIBIT 'A -2 ' SA NI TA R Y SEWER IMPROVEMENTS PARK RIDGE IV ADDITION GRAPHIC SCALE O 150 300 600 Dunaway Engineers .h 3 ) I Planners I inch a 300 ft Associates, L.P. l5"neyors andscape Architects 1501 Merrimac Circle,Suile 100.Fort Worth,TX 76107 D.O.E. # — 5304 Tel:(817)335-1121,Fac(817)3357437 1FATER PROJECT f — P164-060164015516 SEWER PROJECT # — P174-070174013506 FILE # W — 1641 DA# 2005172 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/14/2006 DATE: Tuesday, November 14, 2006 LOG NAME: 60PARKRIDGEIV REFERENCE NO.: C-21849 SUBJECT: Authorize Execution of Community Facilities Agreement with Park Ridge Multi-Family L.P., for Construction of Water and Sewer Services to Serve Park Ridge IV Addition RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Park Ridge Multi-family L.P., a Texas Limited Partnership, by LPC-PPC Park Ridge L.P., a Texas Limited Partnership, its General Partner, by Lincoln Property Company No. 2063 Limited Partnership, A Texas Limited Partnership, its General Partner, by Lincoln No. 2063, Inc., a Texas Corporation, its General Partner, for the installation of water and sewer services to serve Park Ridge IV Addition, a development in central Fort Worth. DISCUSSION: Park Ridge Multi-family L.P., the developer of Park Ridge IV Addition, has executed a proposed contract for community facilities to serve a development located in the central part of Fort Worth, south of Park Hill Drive and east of Townsend Street (see attached map). The total cost for water and sewer improvements for this development is $773,237.00. There will be City participation in offsite waterline improvements in Park Hill Drive and Frazier Avenue to increase pipe capacity in the development area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST PROJECT COST DEVELOPER CITY TOTAL ONSITE WATER $16,400.00 $0.00 $16,400.00 OFFSITE WATER $112,111.00 $532,698.00 $644,809.00 ONSITE SEWER $98,200.00 $0.00 $98,200.00 INSPECTION $4,284.00 $9,544.00 $13,828.00 TOTAL $230,995.00 $542,242.00 $773,237.00 This development is zoned PD 660 and located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007 Page 2 of 2 P264 539140 609140046583 $532,698.00 Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Carrie McBeth (7585) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007