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Home My WebLink AboutContract 37675COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. G- WHEREAS, LPC Trinity Parks LP, hereinafter called "Developer desires to make certain improvements to Lot 2R1, Block 6, Trinity Bluff Addition, 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 communitWY facilities in accordance with Section II, paragraph 7 of the Policy. Trinity Bluffs, Lot 2R1 Blk 6 1 CFA 2008-036 /DOE 5963 /June 3, 2008 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 damazes are caused, in whole or in part, by the allezed ne�li�ence of the City of Fort Worth, its officers, servants, or efnployees 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 $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to Trinity Bluffs, Lot 2R1 Blk 6 2 CFA 2008-036 /DOE 5963 /June 3, 2008 construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A) None; Sewer (AA) None; Paving (B) Attached; Storm Drain (B4) Attached$ 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 and B 1. 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 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 $ 30,992.970 Trinity Bluffs, Lot 2R1 Blk 6 3 CFA 2008-036 /DOE 5963 /June 3, 2008 SUMMARY OF COST Project Name Trinity Bluffs, Lot 2R1, Block 6 CFA 2008-036 DOE 5963 Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $22,738,65 $ 22,738.65 2, Storm Drainage $6,500.00 $ 6,500.00 3. Street Lights $ - 4. Street Name Signs $ B. Engineering Design $ C. Construction Engineering and Management by DOE 4% $ 11169855 $ 1,169.55 D. Materials Testing by DOE 2% $ 584.77 $ 584.77 TOTALS $ 30,992097 $ - $ 30,992,97 Notes: l .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. Trinity Bluffs, Lot 2R1 Blk 6 4 CFA 2008-036 /DOE 5963 /June 3, 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 the day of , 20086 Approval Recommended: ATTEST: Marty Plendrix City Secretary Corporate Secretary 8 L� Transportation and Public Works Fernando Costa. Assistant City Manager �I'I�ZyC IIL N�, 1 � Vice Presidmt F1: WORTH, TX Trinity Bluffs, Lot 2Rl Blk 6 $ CFA 2008-036 /DOE 5963 /June 3, 2008 Development Bond Guaranteeing Performance and Payment of Improvements Bond No. 61 S 104991295 BCM KNOW ALL MEN BY THESE PRESENTS, that we, LPC Trinity Parks LP, as Principal, and Travelers Casualty and Surety Company of America, a corporation organized and existing under the laws of the State of Connecticut and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 1000 Throckmorton Street, Fort Worth, Texas 76102, as Obligee, in the penal sum of Fifteen Thousand, Seven Hundred, Ninety -Nine and 85/100 dollars ($15,799.85) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, LPC Trinity Parks LP has agreed to construct in all of Lot 2R1 CFA in Block 6 of Trinity Bluff Addition under D.O.E No. 5963; City Project No. 01046; City File No. W-2048; BDD Project No. C07138, in the CITY OF FORT WORTH, TEXAS the following improvements: connecting to existing City of Fort Worth sewer improvement, paving and storm drainage. WHEREAS, in the event of bankruptcy, default or other nonperformance by Principal, claims against Principal or the development, Obligee may be left without adequate satisfaction. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvement herein described, and shall pay for the cost of all labor, materials and equipment furnished in connection with the construction of said improvements, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete the construction of said improvements or by reason of its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to remain in full force and effect; and upon receipt of a resolution adopted by the City Council of the City of Fort Worth indicating that the construction of said improvements has not been completed, or that the costs for same have not been paid, the Surety shall complete construction of said improvements, and will pay all costs for construction of said improvements, or will pay to the City of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worth to complete construction of said improvement and to pay for the costs of same. PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increase the price of the aforementioned contract. FROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the State of Texas shall apply and that venue shall lie exclusively in Tarrant County, Texas. AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and agrees that no change, exteasion of time, alteration or addition to the terms of any contract for the public affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of such contract. This bond is given pursuant to the provisions of Section 212.073 of the Texas Local Government Code, as such may amended from time to time. Signed, sealed and dated this 17th day of July, 2008. LPC Trinity Parks LP By: LPC Trinity Phase II -HI LP, a it limited partnership, its general partner By: Lincoln No. 2049, Inc., a Texas corporation, its general partner By 4611 Je on right, ice- resi ent Travelers Casualty and Surety Company of America Ray Baldwic�Attorney-in-Fact } rILL s S } yr Garvey st Pioneers !test Cemetery al iI r r jN 1 � o cc9L Gounah St WA PROJECT �+ Y� �f LOCATION�A rs� i - �` L cjL LOLY !cod Lp o_ f One t Nx1�C. _ FORT WORTH Or e" �\T ay ��•Q Par ffyf` tiarnton Field Park TRINITY BLUFF RIVERSIDE - LOT 2R1 PROJECT LOCATION MAP TRINITY BLUFF RIVERSIDE - LOT 2R1 PLAT TITLE BLOCK C r N � 3 z � w i F- Z zo a i w X Q ` > Qow 03 I a wz ~ Nm o m z: z 0 f W S >� m C) Z¢ ^ m �� Oo B 9 w�- N x O w_ z cn as o w ~ li�j�^ N Q oo W n 0 m J a' IIIYLLL C� III a ddAAff � k O W d a n h K S m o o (pa ® LLI ? fr o F- a z �o # e ri`\ 4 — i )J� f s�� i Nis 2, NdNNNq it �y — — `;A ITS Ljit It it MO 1 li MillIS P1 `i6M1/it it i 'SID VJ IS ti� is kill -=4 U J i �t S �� a�IS I1 v(' Jpr x} �— - (n vvvvv t � � I 99IF tA . j It I aIS 1 t+ 1� iit Ir- IV 141 - Sill yK _� it It + 1 I I I i Item No. D COST ESTIMATE - TRINITY BLUFF RIVERSIDE - LOT 2R1 EXHIBIT B - PAVING n Quantity Unit Cost per Unit Item Cost 1 6" Lime Stabilized Subgrade 45 S.Y. $3.85 $173.25 2 Remove Existing Pavement 6 S.Y. $5.50 $33.00 3 7" Concrete Pavement 33 S.Y. $37.80 $1,247.40 4 Enhanced Concrete Sidewalk 2055 S.F. $10.00 $20,550400 5 7" Concrete Curb 49 L.F. $15.00 $735.00 Total Cost Paving: $22,738.65 LLI ir Q N 3 Z I- Z F,Fj La o Lj X Q ;3 � mg�g_ FFFoo>� a°D a U to I ti.3 c �rW k e m j �o� a Fz M0 D0a X Z n0 Lo X X w� w� o W O UJ r3 w rN U0 z W i z 0 O F- C) V1��11S A' HVNniiD FF Fi 77 _— pFor �Nort Ait — ,IF �NN Irr- At �� +t„ i' __t' 1, sr„ / � � 7 �4�T i �s� fit,.. it it it ON, It it � X Y - r it it I�it I�t YLi+ t4 __ N it It pp 1 1`1 - I 4J - t �t W it IT. , y \ I it1 i it ��' i- i, it it - - 'y �� 41 `J/ it 1 ilt t it F IF -- COST ESTIMATE - TRINITY BLUFF RIVERSIDE - LOT 2R1 EXHIBIT B1 - STORM DRAINAGE Item No. Description Quantity Unit Cost per Unit Item Cost 1 Connect to Ex. Storm Sewer 2 Ea. $33250400 $6,500.00 Total Cost Storm Drainage: $6,500.00