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HomeMy WebLinkAboutContract 38185 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.� RECITALS WHEREAS, NDG Old Denton, LLC (hereinafter called "Developer") HPT Partners (hereinafter called "HPT"), and Riad Nimri & Basem Ninu-i (hereinafter called "NIMRI") collectively are the owners of land on the east side of Old Denton Road between Summerfields Blvd. and Thompson Road and a Development (herein so called) which consists of the properties more particularly described on Exhibits "1," attached hereto and made a part hereof for all purposes (hereinafter collectively referred to as the"Development"); and WHEREAS, Developer, as a property owner of the Development, has agreed to construct certain roadway facilities, storm drainage, street sign and street light improvements within the Development (the "Improvements") and to Old Denton Road (from Summerfields Blvd. to Thompson Road) of the City of Fort Worth, Texas as a condition of City's (hereinafter defined) approval of the Development; and WHEREAS, HPT, as property owners adjacent to the Development will contribute to or dedicate off-site roadway property, as a condition of approval of the Development; and WHEREAS, NIMRI, as property owners adjacent to the Development will contribute to or dedicate off-site roadway property, as a condition of approval of the Development; and WHEREAS, the said Developer, HPT, and NIMRI have requested the City of Fort Worth, a Home-Rule Municipal Corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the"Cit/, '), to financially participate in connection with said Improvements. NOW, THEREFORE,KNOW ALL BY THESE PRESENTS: The parties acknowledge and agree upon the accuracy of the Recitals hereto and incorporate them herein by this reference. 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 Page 1 of 9 01 -23-04 A09 .55 IN -Old Denton Road CFA 4 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, except for such deviations specifically approved by the Fort Worth City Council in adopting the Mayor and Council Communication authorizing execution of this Community Facilities Agreement. B. The requirements of the Policy shall govern this Community Facilities Agreement ("Agreement"), provided, however, that any conflict between the terms of this Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security for its portion in accordance with Section II,paragraph 6 of the Policy. D. The Developer shall negotiate and award all contracts for the construction of the Improvements. City agrees that the limits of City participation shall be governed by Section 212.072 of the Texas Local Government Code and that any conflict between the provisions of Section 212.072 and existing City policies shall be resolved in favor of Section 212.072, and to the extent of such conflict the provisions of existing City policies are hereby waived for the purposes of this Agreement, and this Agreement only. E. The contracts for the construction of the Improvements shall be administered in conformance with Section Il,paragraph S 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 Page 2 of 9 Old Denton Road CFA Developer, his contractors, sub-contractors, officers, agents or employees, whether or not such iniuries, death of• 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 construct the Improvements required herein. H. In the event that City participation exceeds $25,000.00, Developer agrees that no construction will begin prior to City Council approval of this Agreement. I. 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 Agreement. J. 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. K. Developer agrees to provide, at its expense, all necessary engineering drawings and documentation necessary to construct the Improvements required by this Agreement. L. Developer shall require its contractor performing work required by this Agreement to provide Performance, Payment and Maintenance Bonds as required by the Department of Engineering. The City shall be named dual obligee with the Developer on the Performance Bond. The City shall be the obligee on the Maintenance Bond. M. Developer will be responsible to pay Department of Engineering fees associated with project management, inspection and testing for the Developer's share of the improvements. N. Developer agrees to construct the Improvements as shown on the exhibits attached hereto. The following exhibits of the Roadway Facilities are made a part hereof. Paving Facilities (B) Attached; Storm Drain (B-1) Attached; Street Lights and Signs (C)Attached. Page 3 of 9 Old Denton Road CFA O. 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. P. Developer and City agree that time is of the essence and that the infrastructure contemplated herein must be constructed in a timely fashion. As such the Developer agrees that it shall issue its contractor a notice to proceed not later than ninety (90) calendar days following final execution of this Agreement,by all parties. Q. In accordance with the Transportation Impact Fee Ordinance No. 18083, adopted by City Council May 13, 2008, effective July 1, 2008, Developer will be given a reduction in the amount of transportation impact fees otherwise due for the Development, either by a decrease in the number of service units attributable to such development or a decrease in the amount of transportation impact fees otherwise due,that results from contributions of land, improvements or funds to construct system improvements in accordance with the City's subdivision and development regulations, policies or requirements ("Credit") for Developer's construction of, contributions to, and/or dedication of off-site roadway facilities under this Agreement. The Credit shall be associated with the plat or other detailed plan of development for the property that is to be served by the transportation facility. Credits shall expire 10 years from the effective date of the Transportation Impact Fee Ordinance. II. Street and Storm Drain Facilities A. The Developer agrees to install or to cause to have installed, the Improvements shown on the attached Exhibits `B,"`B 1," and"C." B. As shown below in the "Summary of Cost for Roadway and Storm Drain Facilities," the Developer shall fund its share of the Improvements and shall pay for its share of the cost of the Improvements as shown on the attached Exhibits `B," `B1," and "C." The estimated cost of the huprovements and related support services specified in this Agreement, Page 4 of 9 Old Denton Road CFA including design, construction and inspection is estimated to be $1,193,620.58. C. The Developer agrees to construct the portion of Old Denton Road from Summerfields Blvd. to the south edge of the Development, in lieu of constructing the portion of roadway along Thompson Road along the north portion of the Development. The section being constructed is considered equal to or greater than the value of the work along Thompson Road. SUMMARY OF COST FOR ROADWAY AND STORM DRAIN FACILITIES Item Developer City Total Cost Cost Cost A. Construction $435,717.21 $505,932.79 $941,650.00 1. Streets $235,188.24 $385,554.76 $620,743.00 2. Storm Drainage $200,528.97 $120,378.03 $320,907.00 3. Street Lights $35,651.50 $19,293.00 $54,944.50 4. Street Name Signs $250.00 $250.00 $500.00 B. Engineering Design $52,665.26 $20,437.34 $73,102.60 C. Construction Staking,Admin $52,665.26 $14,259.22 $66,924.48 D. DOE (4%) $23,406.78 $14,259.22 $37,666.00 E. Materials Testing(2%) $11,703.39 $7,129.61 $18,833.00 TOTAL $612,059.40 $581,561.18 $1,193,620.58 D. Once every thirty (30) days, Developer may submit a written request for partial payments accompanied by copies of the invoices from Developer's contractors to the Director of the Department of Transportation and Public Works ("Director"). The Director or his/her designee shall have ten (10) business days to review each partial pay request submitted by Developer and to contest any disputed amount in writing. If no contest is made within ten(10)business days of receipt of a partial pay request, the request shall be deemed approved. If the Director or his/her designee timely and Page 5 of 9 Old Denton Road CFA reasonably objects to any portion of the partial payment request, then a written objection shall be delivered to Developer during the review period. The written notice shall set forth objections in reasonable detail. The undisputed portion of the partial payment request shall be paid within thirty (30) days of receipt of the partial payment request. Developer shall exercise good faith efforts to cure the objectionable items to the City's reasonable satisfaction, and the process set forth above shall be repeated ,until the payment request is completely approved and fully paid. In no event shall the City's participation under this Agreement exceed $581,561.18. III. Participation by HPT A. HPT will participate in the Development by dedicating right-of-way to the City by separate instrument. B. Prior to the issuance of a notice to proceed, HPT shall dedicate right-of way to the City by separate instrument, described in Exhibit "11A & 1113". Said right-of-way shall constitute HPT's maximum contribution to the Improvements. C. HPT will be given Credit for its participation in accordance with I(Q) above. HPT and the Director agree that the value of the land dedicated under this Agreement by HPT to the City by separate instrument is $79,218.75. IV. Participation by NIMRI A. NIMRI will participate in the Development by dedicating right-of-way to the City by separate instrument. B. Prior to the issuance of a notice to proceed,NIMRI shall dedicate right-of- way to the City by separate instrument, described in Exhibits "16A & 1613" and "20A". Said right-of-way shall constitute NIMRI's maximum contribution to the Improvements. NIMRI be will be given Credit for . NIMRI's participation in accordance with I(Q) above. NIMRI and the Director agree that the value of the land dedicated under this Agreement by HPT to the City by separate instrument is Page 6 of 9 Old Denton Road CFA C. $69,483.75. IV. Proportionality A. Developer, HPT and NIMBI individually agree and acknowledge that the amount of special benefit and enhanced value to its property resulting from construction of the Improvements is equal to or greater than its participation under this Agreement and Developer,HPT and NIMRI waive their respective rights granted in Chapter 313 of the Texas Transportation Code and the Policy to contest or appeal the proportionality of said participation. B. By executing this Agreement, City agrees that Developer, HPT and NIMRI and any successor owner will have no obligation whatsoever to pay any amounts in addition to each respective party's financial participation under this Agreement with regard to the construction of the Improvements contemplated by this Agreement. C. City, Developer, HPT and NIMRI agree that the terms of this Agreement eliminate the need for a public hearing and issuance of notices as required by Texas Transportation Code §§313.047-313.048. D. This Agreement shall be binding upon and inure to the benefit of the City, Developer,HPT and NIMRI and their respective successors and assigns. E. Developer, HPT and NIMRI individually agree that it is in the process of developing property that will benefit from the Improvements contemplated under this Agreement and that the Improvements are in part necessitated by the additional demands that development of the property will create and its financial participation is roughly proportionate to the impact of the proposed development upon said infrastructure and fairly represents its proportional share of the cost of the Improvements. F. Developer, HPT and NIMRI waive any right to claim or assert that its financial participation under this Agreement is not roughly proportionate to the impact of the proposed development, or does not fairly represent its Page 7 of 9 Old Denton Road CFA proportional share of the cost of the Improvements as a result of the additional demand created by the development of its property. G. City, Developer, HPT, and NIMRI also expressly acknowledge that the provisions herein anticipating Credit for future transportation impact fees are agreed to by the parties in satisfaction of the requirements of Section 395.023 of the Local Government Code and prevent the City from double- charging for roadway improvements. Consequently and in consideration thereof, Developer and HPT individually and expressly waive any right to claim or assert that the contribution is not roughly proportionate to the impact of the proposed development, or does not fairly represent its proportional share of the cost of the Improvements as a result of the additional demand created by the development of its property. H. Developer, HPT and NIMRI further agree that the City may expressly rely upon the provisions of this Agreement in any certification under Section 212.904, Texas Local Government Code, or successor statutes and that a court in determining rough proportionality may consider transportation impacts from development of all of the property. (Remainder of Page Intentionally Left Blank) Page 8 of 9 Old Denton Road CFA 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,HPT, and NDvIRI have ecuted this instrument in triplicate, at Fort Worth,Texas this the—).�4t day of 200851 CITY OF FORT WORTH: DEVELO R. NDG Or D nto LLC G1ss.s•�G�� By: FERNANDO COSTA D ALLGEIER ASSISTANT CITY MANAGER APPROVAL RECOMMENDED: HPT PARTNERS _ By: DALE HEFLIN William A. Verkest, P.E. Director,Transportation and Public Works Department By: LIZA MOORE By: ATTEST: STEWART THOMAS NIMRI: MARTY HEN IX CITY SECRETARY AUTHORIZATIO : M&C C-o $ By: Ri (� C- ' v `VW " DATE: I I o 109 RIAD NIMRI APPROVE TO FO BASEM NIMBI Y ASSISTAN I ATTORNEY Page 9 of 9 Old Denton Road CFA 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,HPT, and NIMRI have executed this instrument in triplicate, at Fort Worth,Texas this the day of 52008. CITY OF FORT WORTH: DEVELOPER: NDG Old Denton,LLC By: FERNANDO COSTA DANIEL ALLGEIER ASSISTANT CITY MANAGER APPROVAL RECOMMENDED: HPT PARTNERS By: GREG SIMMONS, P. E.,ACTING DIRECTOR DALE FLIN TRANSPORTATION &PUBLIC WORKS By:� LIZA MOORE By: ATTEST: STEWART THOMAS NIMRI: MARTY HENDRIX CITY SECRETARY AUTHORIZATION: M&C By: DATE: RIAD NIMRI APPROVED AS TO FORM: By: BASEM NIMRI AMY J. RAMSEY ASSISTANT CITY ATTORNEY Page 9 of 9 Old Denton Road CFA NUM ADM OLD M 0739'3 [��► r +- WST.IID20T393982 tl1AU& PROPOSED DEVEL-01 VTR U I a fr \ — S pUM6€fl fff°D�ADDRION CAB.I A.St.3136 1�Il.7TTli7.IJGtllrrrrnrrr-» Ir-r�ri 'rtiul� X I � W I q > i o I ' LE + I i 200 0 %, I I Is� i i r ( i }r2 H.P.T. �. YOUIPE IEOR.PAGE am 3 D.E.T.C.T. o I I CITY OF FORT WORTH a '3 MAP NO. 205454-444082045-444 RO EiQ S O OLD DETMN ROAD LOCATION MAP FOR DEVELOPMENT SUKWJWHLDS BLVD. "EgHIIE►IT 1" �p pp 'W�h WIE14 & ASSOCIATES, INCI AD Rn H.P.T. vausEnoes.aaceses n.R.Y.c.Y. .--CONCRETE PAVEMENT - ' C�f L� A I L lC�IJ n SGlMP)4 8,SEC . 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VOLUME 12063, PAGE 986 ' D.R.T.C.T. his Qi j STREET LIGHTP::" 13 - Ell -- - �4'�"`1ll�JL1ITILIICl�'r tIL1J.t111.1LID11� - 1 J - p UU / o SUMMERFIELD ADDITION PH 8, SEC 4 zU _ _ CAB. A. 5L. 3135 o" P.R.T.C.T. o Iilft[T_ 'u7Lti_!1tiT. i(7itIIiu7 �ll�� _ ( � � ��1U�1 LL7 lJ�1tI1 1 Jt Q_IJ'r-.�C1�t..1i111.T)11�-� .n q W ' O j STREET LIGHT J 1 I I (D II L' H.P.T. VOLUME(20G3, PAGE 9B6 D.R.T.C.T. d' o CITY OF FORT WORTH N MAP NgO, 22gO54-44Op 8 2045-444 M RO.iSt �g IS �®.VO 8 OLD � 1. ROAD d' — — — — — �_ sva�MERx'rELDs B�vD.-- STREET LIGHT "EXHIBIT C" CO 1 200, WIEN & ASSOCIATES, INC.- L SURVEY, DENNISON A ROYAL T PEGK GT NO.1210 C.C. # D206409129 ABSTRA P.R.T.C.T. I VEY� PLACE OF APPROXIMATE LOCATION � O�aN S B.E'GINNING EXISTING OF SURVEY LINE W.D 9 E - TRACT No FROM WHICH A P.K—NAIL OLD DENTON ROB (CM) 5/8' IRF -FOUND BEARS — — rDUNAWAY' — — N770 03'55"W, -- 6 .9 Q 89 ..: :-_......:.:..s. o0=a 2..S:E:00"34 . ' ... - .:.r 245.82' 264.48' \ N 89°30'56' E S 45°00'00' E 31.63' 21.341 R.0.W. DEDICATION , 0:485 ACRES ` S 89°33 '06' W (21, 125 SQ. FT. ) ae� 50.851 H.P.T. CURVE DATA o VOLUME 12063, PAGE 986 R = . , D.R.T.C.T. L = 97 '6262 ` T = 48.84' SURVEY' D = 4°31'12' e THOMPS0496 CH = S 02°49 '40' E o -VV TRACT No- 97.60' f I oF T BASIS OF BEARING IS CORRELATED TO �Q ..........ST �9 THE TEXAS STATE PLANE COORDINATE A. SYSTEM, ZONE 4202 NORTH CE14TRAL 'i, HjBlI " 1 IA"' s GJ ZONE, NAD 83. RIGHT—OF—WAY DEDICATION o •;,' 21,125 SQ. FT. CITY OF FORT WORTH, DA = 10-25 0 80 '1'60 TARRANT COUNTY, TEXAS FILE: uA-07047.dwg ® � WIER a ASSOCIATES, QG EXHIBIT"I I B" RIGHT-OF-WAY DEDICATION FIELD NOTES BEING A TRACT OF LAND LOCATED IN THE W.W.THOMPSON SURVEY, ABSTRACT No. 1498,TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO H.P.T., RECORDED IN VOLUME 12063,PAGE- 986, OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS(D.R.T.C.T.), AND . BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTHEAST CORNER OF THE INTERSECTION OF OLD DENTON ROAD AND SUMMERFIELDS BOULEVARD, BEING THE SOUTHWEST CORNER OF SAID N.P.T.TRACT AND FROM WHICH A PK NAIL FOUND BEARS N 77°03'55"W, 0.89 FEET; THENCE N 00029'04"W,ALONG THE WEST LINE OF SAID N.P.T.TRACT, 622.99 FEET TO A 5/8" IRON ROD FOUND WITH A CAP STAMPED"DUNAWAY"; THENCE N 89030'56" E, 31.63 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED"WIER&ASSOC, INC."; THENCE S 00027'56" E,264.48 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED"WIER&ASSOC. INC.",AND BEING THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1237,50 FEET,A DELTA OF 4°3112",A TANGENT OF 48.84 FEET,A CHORD OF S 02°49'40"E,97.60 FEET,AND AN ARC LENGTH OF 97.62 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED'WIER&ASSOC. INC."; THENCE S 00034'04" E, 245.82 FEET TO A POINT 1/2" IRON ROD SET WITH A CAP STAMPED "W1ER&ASSOC. INC."; THENCE S 45-00'00" E, 21.34 FEET TO A 112"IRON ROD SET WITH A CAP STAMPED'WIER&ASSOC. INC: THENCE S 89033'06"W,50.85 FEET TO THE PLACE OF BEGINNING AND CONTAINING 21,125 SQUARE FEET(0.485 ACRES)OF LAND. OF (i1 , .N/iH INN IINN1NINt tt N GR N 5798 D S G 7 ••dF 8 •' l i �r i MCC )WANa 999EY' DENNISON A ROYAL W.ASSIRAC( C.C. # D206409129 P.R.T.C.T. FIs9CE OF APPROXIMATE LOCATION BEGINNING OF SURVEY LINE EMSTING $le' IRF R.O.W2� OLD DENTON ROAD 'DUNAWAY' (CM) ° �l` IRF f= - _ cfl - O �50 OI t - ° :5:00-2°7- -S�89°06'07'..W- ° Q 0 31.85' S 44 22 07 W m 21.27' R.O.W. DEDICATION z 0.372 ACRES. S 00°53153' E N 89006'07' E (16, 191 SQ. FT. ) 7.39' C. 352.24' M 'DUNAWAY'(CM) H.P.T. TKUM 0 4g 8RVEY' m VOLUME 12063, PAGE 986 pS D.R.T_C.T. ABOF STRACT�o.l BASIS OF BEARING IS CORRELATED TO 'cE.•. THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, EXHIBIT 6A" c'Ec a s NAD 83. RIGHT—OF—WAY DEDICATION 57 s 9 6, 191 SQ. FT. CITY OF FORT WORTH, T i 12-17-2007 0 60 120 TA.R.RANT COUNTY, TEXAS El ROW—I6A-07047.dwg N1 A WIER & ASSOCIATES, INCH EXHIBIT 1613" RIGHT-OF-WAY DEDICATION FIELD NOTES BEING A TRACT OF LAND LOCATED IN THE W.W.THOMPSON SURVEY, ABSTRACT No. 1498,TARRANT COUNTY,TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO H.P.T., RECORDED IN VOLUME 12063, PAGE 986, OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS(D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD FOUND, BEING THE NORTHWEST CORNER OF SAID H.P.T.TRACT,AND BEING THE SOUTHEAST CORNER OF THE INTERSECTION OF OLD DENTON ROAD (VARIABLE WIDTH R.O.W.)AND THOMPSON ROAD(VARIABLE WIDTH R.O.W.); THENCE N 89006'07"E,ALONG THE SOUTH RIGHT-OF-WAY LINE OF THOMPSON ROAD,46.96 FEET TO A 1/2"IRON ROD SET WITH CAP STAMPED"WIER& ASSOC. INC." FOR A CORNER; THENCE S 00°53'53" E,7.39 FEET TO A 1/2" IRON ROD SET WITH CAP STAMPED "WIER&ASSOC. INC." FOR A CORNER; THENCE S 44022'07"W, 21.27 FEET TO A 1/2" IRON ROD SET WITH CAP STAMPED "WIER&ASSOC, INC." FOR A CORNER; THENCE S 00027'56"E,477.65 FEET TO A 1/2" IRON ROD SET WITH CAP STAMPED"WIER&ASSOC. INC." FOR A CORNER; THENCE S 89006'07"W,31.85 FEET TO A 5/8"IRON ROD FOUND WITH CAP STAMPED"DUNAWAY"FORA CORNER, BEING IN THE EAST RIGHT-OF-WAY LINE OF OLD DENTON ROAD; THENCE N 00029'04"W,ALONG THE EAST RIGHT-OF-WAY LINE OF SAID OLD DENTON ROAD, 500.01 FEET TO THE PLACE OF BEGINNING AND CONTAINING 10,191 SQUARE FEET(0.372 ACRES)OF LAND. OF, n' S GI9 ... 579 • 'a.�E'S o.. . I I I N 89006'07' E THOWSON ROAD 505.28' S 00'29'04° E IRF 7.93' 's+r_�+:r•u-u.r,:� .mC::1C:: =,1P. -. cir_a_u� _ %t:: +p•rc' ^;nS-- - Tdv Y4:re7 N 0005305Af Tlw 7.39 S 89°12'10- W 305.22' [ R.O.W. DEDICATION y j 0.053 ACRES ` (2,338 SO. FT. z iH.P.T. �! VOLUME 12063, PAGE 986 �j Q I D.R.T.C.T. rn j NDG OLD DENTON. LLC © a INST. D207393482 Y, SUr�VE:y•, APPROXIMATE LOCATION SON SURVE I vv. MC A�AN° 999 1 OF SURVEY LINE W W. T CT N°'�4g8 I A13 ' ABSTRA t I 5/8' IRF I 'DUNAWAY' BASIS OF BEARING IS CORRELATED TO ,RIGHT—CI'—SAY DEDICATION THE TEXAS STATE PLANE COORDINATE 21 338 SQ. FT. SYSTEM, NORTH CENTRAL ZONE 4202, CITY OF FORT WORTH, DATES 03-12-2008 NAD 83. TARRMT CCtTNYT, TEXAS, FILE, ROW-20A-07047.dwg MER Q ASSOCIATES, INC. r City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/10/2008 DATE: Tuesday,June 10,2008 REFERENCE NO.: C-22848 LOG NAME: 20OLDDENTONRD SUBJECT: Authorize Execution of a Community Facilities Agreement with NDG Old Denton,LLC, HPT Partners and Riad Nimri and Basem Nimri with City Participation Not to Exceed$600,000.00 for the Construction of Old Denton Road from South of Summerfields Boulevard to Thompson Road RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Community Facilities Agreement with NDG Old Denton,LLC,HPT Partners, and Riad Nimri and Basem Nimri for the Construction of Old Denton Road from south of Summerfields Boulevard to Thompson Road with City participation in an amount not to exceed$600,000.00; and 2. Waive the limitation of Section II,Paragraph 11 of the Policy for the Installation of Community Facilities that limits City participation and recommend City participation in accordance with Local Government Code 212.072 and the Unit Price Ordinance No. 14552 and No. 17967-02-2008. DISCUSSION: The 2004 Capital Improvement Program included funds to meet the City's obligation under the Policy for Installation of Community Facilities. NDG Old Denton,LLC, (Developer),HPT Partners (HPT),Riad Nimri and Basem Nimri (NIMRI) and the City of Fort Worth will share the cost of this project as reflected by the table below.The estimated total cost of the improvements and related support services,including construction,project management fees,engineering, surveying and inspection is estimated to be $1,193,620.57. The Developer desires to make certain street, storm drainage,street sign, and street light improvements to Old Denton Road from south of Summerfields Boulevard to Thompson Road.HPT and NIMRI desire to help fund construction of the project by donating the right of way for Old Denton Road in exchange for Transportation Impact Fee credits up to$79,218.75 and $69,483.75 respectively for said right—of—way dedication as permitted under the Transportation Impact Fee Ordinance No. 18083 adopted May 13, 2008, to be effective July 1, 2008. Staff recommends participation with the Developer to get the roadway built from Summerfields Boulevard to Thompson Road,including the oversizing of the community facilities. Staff requests a waiver of the Policy for the Installation of Community Facilities which states that City participation may not exceed 30 percent in a Community Facilities Agreement(CFA). In accordance with state law, the City will participate at a level of 25 percent for the required facilities and 100 percent for the oversizing. The City of Fort Worth would like to have this portion of Old Denton Road completed as soon as possible because of the significant need in this area. Based on unit prices from Ordinance No. 14552 and No. 17967 and the project estimate of quantities,it has been determined that the City's participation shall not exceed$600,000.00, $581,561.18 for construction and $18,438.82 for project management. The summary of costs associated with Old Denton Road are as follows: Summary of Cost for Project ITEM DEVELOPER COST CITY TOTAL COST COST A. Construction $ 435717.21 505932.79 $ 941650.00 1. Streets $ 235188.24 385554.76 $ 620743.00 2. Storm Drainage $ 200528.97 $20378.03 $ 320907.00 B. Street Lights $ 35651.50 $ 19293.00 $ 54944.50 C. Street Name Signs $ 250.00 $ 250.00 $ 500.00 D. Engineering Design $ 52665.26 $20437.34 $ 73102.60 E. Construction Staking, $ 52665.26 $ 14259.22 $ 66924.48 Administration F. Department of $ 23406.78 $ 14259.22 $ 37666.00 Engineering G. Materials Testing(2 $ 11703.39 $ 7129.61 $ 18833.00 Percent) TOTAL $ 612059.39 581561.18 $ 1193620.57 Construction plans have been prepared by Weir and Associates, Inc., and are being reviewed by the City of Fort Worth,Department of Engineering(No. 5765). The developer will obtain construction bids for the proposed work and the work will be authorized to begin with the approval of this CFA. Before the City issues a Notice to Proceed, HPT and NIMRI shall dedicate right-of-way for Old Denton Road. This project is located in COUNCIL DISTRICT 4, Mapsco 35G and L. FISCAL INFORMATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the New Development Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C202 531200 204760086680 $7,129.61 C202 531200 204760086652 $14,259.22 C202 531350 204760086680 $14,259.22 C202 531200 204760086630 $20,437.34 C202 541200 204760086683 $525,475.79 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Jim Walker (8009) ATTACHMENTS 1. OLDDENTONCFA.ioe