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.
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Park Ridge N Addition,Offsite Water
Page 2 of 5
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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 ,
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1501 Merrimac Circle,Suite 100,Fort Worth,TX 76107
Tel(617)335-1121,Fat(617)335-7437
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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