HomeMy WebLinkAboutContract 37477COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, ALTA FOSSIL CREEK, L.P., hereinafter called "Developer",
desires to make certain improvements to Summerfields VB Lot 29 Blk 1319 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.
E. The Developer shall award all contracts for the construction of
community facilitesaccordance wi
paragrap
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 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.
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).
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
Cut
d easements across property owned by Developer required to
Summeriield VB Lot 2 Blk 131 2
CFA 2008-055
July 25 2008 Revised August 59 2008
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) 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
Exhibits B and 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 Exhibits B and
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 $109,843.56
Summerfield VB Lot 2 Blk 131 3
CFA 2008-055
July 2, 2008 Revised August 5, 2008
SUMMARY OF COST
Project Name Alta Fossil Creek
CFA 2008-055
DOE 6027
Item
Developer
Cost
City Cost
Total Cost
A. Construction
1. Streets
$ 89,785.00
$ 89,785,00
2. Storm Drainage
$ 13,841400
$ 13,841.00
3. Street Lights Inspection
4. Street Name Signs
5. Power Cost
B. Engineering Design
C. Construction Engineering
and Management by DOE 4%
$ 4,145.04
$ 41145404
D. Materials Testing by DOE 200
$ 21072,52
$ 2,072.52
TOTALS
$ 109,843.56
$ -
$ 109,843656
$ 129,532.50 125% Financial Guarantee
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.
Summerfield VB Lot 2 Blk 131 4
CFA 2008-055
July 2, 2008 Revised August 5, 2008
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, and said Developer has
executed this instrument in triplicate, at Fort Worth, Texas this tha:PSday of
, 2008.
Approval Recommended:
City Secretary
Corporate Secretary
Summerfield VB Lot 2 Bllc 131
CFA 2008-055
July 2, 2008 Revised August 5, 2008
Transportation and Public Works
City of Fort Worth
Fernando Costa
Assistant City Manager
Alta Fossil Creek, L.P.
_ C. Todd _McCulloch
a _ Vice-Presi ent
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
BEING A REPEAT OF PART OF BLOCK 131, SUMMERFIELDS VB AS
RECORDED IN VOLUME 38&176, PAGE 97, P.R.T.C.T., AND LOTS 71 AND 80,
BLOCK J, FOSSIL PARK ADDITION
BEING 17.91 ACRES SITUATED IN THE
THOMPSON SURVEY, ABSTRACT No. 1498
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
CASE NO, F&008A 20
ALTA FOSSIL CREEK
PLAT TITLE BLOCK
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C & C Concrete, Inc.
1017 N. Bowen Rd.
Arlington, Texas 76012
Rublic Improvements - Concrete Pavement
061/3/08
Wood Partners
5440 Harvest Hill Road, Suite 206'
Dallas, Texas 75230
Mtn, Colin Bigalke
Reference: Alta Fossil Creek -Basswood Blvd. Improvements
Concrete Pavement
Item De�crip#ion
uanti Unit Price Amount
1 a" Conc Pavement 641 S.Y. $60.84 $39,000.00
2 7" Conc Pavement 104 S.Y. $58.27 $61060.00
4" Conc Walk 1622 L,F. $13.56 $221000.00
4 HDCP Ramps 6 EA. $150,00 $900000
5 Traffice Control 1 L.S. $21000.00 $2,000,00
$69,960.00
Qualifications:
Pavement im
based on Rrockette Davis Drake C26 05/08.
Haig Waller, �'res.
C & C Couerete, Inc.
817 543 2662 office
817 543 1106 fax
ewaller@cccanereteinc,com
6031 ASH STREET
FRISCO, TEXAS 75034
(972)335.4510
PROPOSAL VALID FOR THIRTY DAYS
PROJECt: ALTA FOSSIL CREEK
LOCATION; FORT WORTH, TX
DATE: 144un-0B
TI IRN 1 ANF . PURL IC WORK
PAGE i OF 2
REM
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
1
MOBILIZATION
LS
1
S 2,200.00
$ 2o20D,00
2
SAWCUT & CURB REMOVAL
LF
562
$ 12.50
$ 7,025.00
3
DIRT EXCAVATION
LS
1
S 20000,00
$ 2,000.00
4
LIME STABILIZATION OF PAVEMENT
LS
i
$ 5,500.00
$ 5,500.00
5
6' @ 8%
GRADE PADS & PAVEMENT TO 4V.10
SY
1
$ 2,000.00
3 2,000.00
6
TRAFFIC CONTROL - FLAGGERSONLY
LS
1
$ 1,100,00
$ 1,100.00
BASE DID TOTAL
; 18,825.00
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,Eg�W DRIVE
\
Date, August 8, 2008
Ca1Har Construction
2138 Ca1Har Drive
Melissa, Texas 75454
Proposal #28209B: Public Site Utilities for Alta Fossil Creek in Ft. Worth, Texas.
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL
STORM SEWER
1 42" RCP CL III
2 36" RCP CL III
3 30" RCP CL III
4 42" Sloping Headwall
5 Remove Curb Inlet Top & Install Grate Inlet
6 Erosion Control, See Sheet C22
7 Trench Safety
Please call me if you have any question about this proposal.
David Lippert
31 LF $ 105.00 $ 3,255.00
36 LF $ 76.00 $ 2,736.00
30 LF $ 55.00 $ 1,650.00
1 EA $ 25200,00 $ 2,200.00
1 EA $ 3,100.00 $ 3,100.00
1 LS $ 500.00 $ 500.00
1 LS $ 400.00 $ 400.00
TOTAL $ 139841.00
WOOD REAL ESTATE INVESTORS, L.L.C.
OFFICER'S CERTIFICATE
Effective July 31, 2008, the undersigned, being the Chief Executive Officer of Wood
Real Estate Investors, L.L.C., a Delaware limited liability company (the "Company'), does
hereby certify to the City of Fort Worth, Texas as follows:
1. That the undersigned is the Chief Executive Officer of the Company.
2. That the Company is the manager of WP West Enterprises, L.L.C., a Delaware
limited liability company ("WP West Enterprises").
3. That WP West Enterprises is the manager of Wood Alta Fossil Creek, LLC., a
Georgia limited liability company ("Wood Alta Fossil Creek").
3. That Wood Alta Fossil Creek is the general partner of Alta Fossil Creek, L.P., a
Georgia limited partnership ("Alta Fossil Creek").
4. That C. Todd McCulloch ("McCulloch") is an authorized agent of Alta Fossil
Creek.
5. That in his capacity as an authorized agent of Alta Fossil Creek, McCulloch has
the power to execute contracts, agreements, instruments, certificates, and other
documents on behalf of Alta Fossil Creek.
SIGNATURE APPEARS ON THE FOLLOWING PAGE)
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IN WITNESS WHEREOF, the undersigned has executed this certificate as of the day
first above written.
Signed, sealed and delivered
this I"Jv day of 40A _ , 2008
in the presence of.
Notary Public
My Commission Expires:
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[NOTARIAL SEAL]
CHIEF EXECUTIVE OFFICER:
Signature Page to Officer's Certificate
Wood Real Estate Investors, L.L.C.