HomeMy WebLinkAboutContract 38935COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT §
Contract No.�,.Sn
WHEREAS, Carlyle/Cypress West /t LLC, a Delaware limited liability
company By Carlyle/Cypress Retail 0 a Delaware limited partnership, By Cypress
Equities, LLC, a Texas limited liability company, its general partner, hereinafter called
"Developer", desires to make certain improvements to CARLYLE/CYPRESS WEST
7TH, LLC, VAN ZANDT ADDITION, BLOCKS 2R, 3R9 8R & 9R, addition to the
City of Fort Worth, Texas; and
WHEREAS, the Developer on 11/OS/2007 executed an Informal Agreement
which the Parties intend to be superseded by this Agreement; and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 Brian Parro, its duly authorized
Vice President/CFO and the City, acting herein by and through Fernando Costa, 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.
Cazlyle/Cypress West 7'", LLC, Van Zandt Addition,
Blocks 2R, 3R, 8R & 9R
Page 1 of 6
j'ill:t/13 IIJ
OFFICIAL RECORD �
CITY s�ct"��TAR�
FT: WORTH, TX
C. Developer shall provide financial security in conformance with paragraph
6, Section II, of the Policy.
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. This Agreement shall supersede the Informal Agreement executed by
Developer on 11/05/2007.
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,
m whole or in Part, by the alleged nealiaence 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).
Carlyle/Cypress West 7'", LLC, Van Zandt Addition,
Blocks 2R, 3R, 8R & 9R
Page 2 of 6
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 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) attached; Sewer (A4) attached.
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. Water and Sewer Facilities
A. Developer shall install the proposed water line(s), fire lines) and/or
meters as shown on Exhibit A, the estimated cost of which is $281,037.50.
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 FACILITIES:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
$ 261,820.50
$ 19,217.00
$ 281,037.50
Approach
$ -
$ -
$ -
Easements *
$ -
$ -
$ -
Sub -Total Water
$ 261,820.50
$ 1%217.00
1 $ 2815037.50
*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. Unit prices contained in City of Fort Worth Ordinance No. 14552;
Carlyle/Cypress West 7t°, LLC, Van Zandt Addition,
Blocks 2R, 3R, 8R & 9R
Page 3 of 6
WATER COST SHARE (The City pays for 12"/8" water pipe.)
1278" water pipe ($45-$39)
1,900 L.F. x $6 = $ 111400A0
Fittings ($3000 x ((12-8)/12) x (1,900 L.F./2,475 L.F.))
7 TN x $770 = $ 51390M
1278" Gate valve ($1,500 - $900)
3 EA x $600 = $ 11800800
Trench Safety ($1 x ((12-8)/12))
1,900 L.F. x $0.33 = $ 627M
$ 19,217.00
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $431,866.00. 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 City shall share in the cost of the
sewer improvements as follows:
SANITARY SEWER FACILITIES:
To
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
156,815.89
115654011
168,470.00
A,pproach
253 072.92
10 323.08
263 396.00
Easements*
-
-
-
Sub -Total Sewer
409,888.81
21,977.19
43106.00
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. Unit prices contained in City of Fort Worth Ordinance No. 14552;
SEWER 'SHARE (The City pays for 18"/8", 1578", 12"/8" and 1078" sewer
pipe.)
)
n-Site:
15"/8" sewer pipe ($54-$45)
596 L.F. x $9 = $ 5,364.00
Trench Safety ($1.00 x ((15-8)/15))
596 L.F. x $0.47 = $ 280.12
12" /8" sewer pipe ($52-$45)
603 L.F. x $7 = $ 4,221.00
Trench Safety ($1.00 x ((12-8)/l2))
603 L.F. x $0.33 = $ 198.99
Carlyle/Cypress West 7's, LLC, Van Zandt Addition,
Blocks 2R, 3R, 8R & 9R
Page 4 of 6
10"/8" sewer pipe ($50-$45)
75 L.F. x $5 = $ 375.00
Trench Safety ($1.00 x ((10-8)/l0))
75 L.F. x $0.20 = $ 15.00
V Service Tap ($400)
3 EA x $400 = $ 1,200.00
$ 11,654.11
Off -Site
18"/8" sewer pipe ($56-$45)
893 L.F. x $11 = $ 9382100
Trench Safety ($1 x ((18-8)/18))
893 L.F. x $0.56 = $ 500.08
$ 10,32108
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated
Develo r Cost
Estimated City
Cost
Estimated Total
Cost
Sub -Total Water
$
261,820.50
$
1%217.00
$
281,037.50
Sub -Total Sewer
$
40%888.81
9 $
213977.19
$
431,866.00
Contingency
Is
-
$
10,298.55
$
10,298.55
Total Water and Sewer
Construction
$
671,709.31
$
51,492.74
$
723,202.05
ConstructionMaterials Testing
$
13,434.19
$
1,029.85
$
14,464.04
Construction Inspection
$
13 434.19
1
$
1 029.85 I
$
14 464.04
Grand Total
$
698,57T69
1
$
535552.44
$
752,130.13
Carlyle/Cypress West 7°i, LLC, Van Zandt Addition,
Blocks 2R, 3R, 8R & 9R
Page 5 of 6
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 Rt day of
2009.
Approval Recommended:
Water Department
t f
S. Frank Crumb
Director
ATTEST:
City Secretary
Marty Hendrix
Approved as to Form:
Assistant City\�
;P)fttract Authoriaatiox
La&lova�--
-Wn8
arlyle/Cypress West T", LLC, Van Zandt Addition,
Blocks 2R, 3R, 8R & 9R
Page 6 of 6
City Of Fort Worth
C
Assistant City Manager
Fernando Costa
DEVELOPER:
Carlyle/Cypress West 7th, LLC,
a Delaware limited liability company
By: Carlyle/Cypress Retail I, L.P.
By: Cypress Equities, LLC,
a Texas limited liability company,
its general partner
By:
Sign, print name and title
OFFICIAL RECORD
OITY S�CCRE1'ARY
WORTH, TX
VICINITY MAP
NOT TO SCALE
W7-CROCKETT STREET
DOE NO.: 5790
LOCATION MAP
NORTH
c
�I
WEST 7TH STREET
- ,U
I � .
KEY NOTES:
1Q PROPOSED STD,
;r
i
SCALE I" = 100'
PROPOSED
18 "' SANITARY SEWER
S5 SS SS SS
EXISTING 5'
SANITARY SEWER MANHOLE
PER DOE NO.: 4144
`I
PROPOSED
18 " SANITARY SEWER
4 ' DIA. MH
E,YHIBIT "A -1 "
OFF -SITE SANITARY SEWER LINE
W7 - GROCKETT STREET
' Hl1f TT �i.1��RS
M&C YZeview
Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT WORTH
-�'�"'�-
COUNCIL ACTION: Approved on 7/28/2009
REFERENCE ** 60CARLYLE/CYPRESS WEST
DATE: 7/28/2009 NO : C-23683 LOG NAME: 7TH CFA
PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize a Community Facilities Agreement with City Participation in the Amount of
$53,552.44 with Carlyle/Cypress West 7th, LLC, a Delaware Limited Liability Company, for
Installation of Water and Sewer Services to Serve Carlyle/Cypress West 7th, LLC, Van
Zandt Addition, Blocks 2R, 3R, 8R and 9R Located In West Seventh Village
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community
Facilities Agreement with City participation in the amount of $53,552.44 with Carlyle/Cypress West
7th, LLC, a Delaware Limited Liability Company for the installation of water and sanitary sewer
services to serve Carlyle/Cypress West 7th, LLC, Van Zandt Addition, Blocks 2R, 3R, 8R and 9R a
development located in West Seventh Village.
DISCUSSION:
Carlyle/Cypress West 7th, LLC, a Delaware Limited Liability Company, the developer of
Carlyle/Cypress West 7th, LLC, Van Zandt Addition, Blocks 2R, 3R, 8R and 9R, has executed a
proposed contract for community facilities to serve a development located in downtown Fort Worth,
south of 7th Street, east of University, west of Foch Street and north of Morton Street (see attached
map).
The total cost for water and sewer improvements for this development is $752,130.13. There will be
City participation to increase pipe capacity in development area. The Developer and City estimated
costs for water and sewer improvements are subject to construction inspection fees.
This Agreement shall supersede the Informal Agreement with the Developer on November 5, 2007.
Block 1 R is removed to avoid construction delay caused by land ownership negotiations of the part of
Block 1 R.
ESTIMATED COST:
PROJECT COST
Water
Sewer
Contingency
Subtotal
Inspection
Materials Testing
Total
DEVELOPER CITY TOTAL
$261, 820.50 $19, 217.00 $281, 037.50
$409, 888.81 $21, 977.19 $431, 866.00
0.00 $10,298.55 $10,298.55
$671,709.31 $51,492.74 $723,202.05
$13,434.19 $1,029.85 $14,464.04
$13,434.19 $1,029.85 $14,464.04
$698,577.69 $53,552.44 $752,130.13
The estimated City costs include contingency amount of $10,298.55 for water and sewer work.
This development is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12023&councildate=7/28/2009 07/31/2009
M&C Review
Page 2 of 2
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
CarlyleCypressWest7thMC Exhibit.pdf
FROM Fund/Account/Centers
P264 531350 609150087785 480.44
P264 531200 609150087784 480.44
P274 531350 709130087785 549.43
P274 531200 709130087784 549.43
P264 541200 609150087783 $24,021.25
P274 541200 709130087783 $27,471.49
Fernando Costa (6122)
S. Frank Crumb (8207)
Viesha Kaminska (8428)
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12023 &councildate=7/28/2009
07/31 /2009