HomeMy WebLinkAboutContract 35539 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
ItNCOUNTY TACIT § Contract l oa
WHEREAS, US F III Park Vista Partners, L.F., hereinafter called "Developer",
desires to make certain improvements to Park vista Apartments, 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.
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E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
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 t , 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
sa'd 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 DEVELOPED, his contractors, sub-contractors,
Officers, agents or employees, whether or not such injuries, death or
r ama, es are causer, in whole or in Part, by the alleged nerlizence of
the City of Fort Worth, is 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).
,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).
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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 ANone; Severer A-1 None; Paving Attached
Storm Drain -1 None; Street Lights and Signs C None.
N. City shall not be responsible for any cDsts 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 streets
and other community facilities improvement shorn as "current
improvements" on the attached Exhibits 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 streets as shown on the
attached Exhibits B. I The estimated total cost of current improvements and
related support services specified in this agreement, including design,
construction and inspection is estimated to 26,905.19.
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SUMMARY OF
COST
PARK VISTA TA AAA THE TS
Item Developer City Cost Total Cost
A. Construction Cost $
1. Streets $25,382.25 25,332.25
2. Storm Drainage $9.99 $
3. Street Lights $0.00 .
4. Street Name Signs $9.00
B. Engineering Design $
C. Construction Engineering
and Management ement by DOE
° 1 t1 5.29 1,01 5.29
D. Materials Testing by DOE $
(2%) 507.65 597.65
TOTALS 261905.19 $ 26,905-19
Notes:
1. All Preliminary Flats filed after July 2000 will require sidewalks s n all streets.
2. I V l p r"s column for Item C represents four percent % cost for construction
inspection fees. The City will pay additional inspection fee over %.
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.
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062107
III 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
RECEI V D JUL 02
Approval Recommended:
Transportation and Public works
Department
so
Robert Goode, P. E.
Director
f Fort h
...- i6�(* )ev
Marc Ott
�� Assistant City Manager
,. , C
ATTEST:
A—oagw�
Marty Hendri;X
City Secretary
DEVELOPER
Approv to Form: SPF I f I Park Vi sta Partners, L.P.
a Delaware limited partnership
By: USPF III Park Vista GP LLC,
a Delaware limited liability company
A stn G orn y its general Partner
By; BBCW Developers, L.P.
a Texas limited partnership
ATTEST: a Member
By: BBCW Developers, LLC.
a Texas limited liability company
its General Prtn
Corporate Secretary -y
Park Vista Apartments 5 -
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k �
062107
Date - 6/6/2007 Page I of I
DUNAWAY Associates,L.P. Job No. 2006063
1501 Merrimac Circle,SUITE 100 Project Park Vista Apartments
FORT WORTH,TEXAS 76107 Location Fort Worth, Texas
PHONE: 817-335-1121 Title Probable Cost Opinion
PL
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LEM
Unclassified Select Excavation 398 CY $3.50 $1?393.00
RIP.
SUBTOTAL=M
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6" Concrete Pavement 530 SY $22.00 $110660.00
6" Lime Stabilization Subgrade 557 SY $2.25 $1 253-25
Lime Material 8 Ton(s) $105.00 $882.00
Concrete Curb & Gutter 127 LF $2.00 $254.00
Handicap Ramps 2 EA $450.00 $900.00
4' Sidewalk 90 LF $14.00 $1 P260.00
,Saw cut & Remove Ex.Curb 389 LF $20.00 $70780.001
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III STREETLIGHTS
I. STREETLIGHTS COST ESTIMATE:
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2,600 $00,000.00
MJD-BLOCK RESIDENTIAL 0 EA $ 2,600 $40,000.00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,fi00 $001000.00
MID-BLOCK COLLECTOR 0 EA $ 2,600 $OO,OOO.OQ
MID-BLOCK ARTERIAL 0 EA $ 3,200 $003000.00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00
RELOCATE EXISTING LIGHT 0 EA $ 1,650 $OO,OOO.OQ
Subtotal $00,000.00
City's cost $001000.00
Developer's Subtotal $OO,aoa.oa
4% Inspection fee $0,000.00
Project Total $00,000.00
Adjacent Developer's Cost $00.000.00
Developer's Cost $001000m
DEVELOPERS COST: $0.00
CFA CODE # 2007052
Park Vista Apartments
Fort Worth,Texas May 41 2007
PAGE 1 OF EXHIBIT "C„
II. STREETUGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of streetlights at the approximate locations
shown in exhibit "C!', immediately after final acceptance of the street construction, in
accordance with engineering plans and specifications approved by the Transportation and
Public Works Department.
2. Streetlights on residential arnd/or collector streets can be installed using overheard or
underground conductors with the approval of the director of transportation and Public
Works.
3. �rhe City of Fort Forth will install all the streetlights that use overheard or underground
conductors on residential, arnd collector streets. The developer agrees to pay the City of
Fort Worth the amount shown below prior to the City starting Its design efforts, at the option
of the developer and at their expense they may purchase the poles: fixtures, and mast arms
from the City in order to assure compliance with city material standards
4. Street lights on arterial streets shall be installed with underground conductors
5. The developer agrees to dedicate all easements required for the installation and
maintenance of the street lights and to provide for the installation of any l ctri arl
transformers required for the proper operations of the street light system
The estimated cost of this streetlight installation Is detailed on page 1 of exhibit "C" and is
summarized below. The streetlights will remain the property of, and will be maintained by
the City of t=ort Worth.
DEVELOPERS S COST: $0.00
May 4, 2007
CFA CODE # 2007052
Park Vista Apartments
PAGE 2 OF EXHIBIT 91CON
Ill. STREETLIGHTS LOCATIONS:
INTERSECTIONS:
MID — BLOCK:
CHANGE — OF - DIRECTION
(Private, multi-family)
CFA CODE # 2x07052
Park Vista Apartments
PAGE 3 OF EXHIBIT `iC"
IV
STREET NAME SIGNS
1. The City of Fort Worth will install the street name signs upon final
approval of the street construction. The street name signs will remain
the property of, and will be maintained by, the City of Fort Worth.
2. The Developer will pay for the street name sign installations required
for this development to the extent of $245.00 per intersection. This
unit cost will be revised annually by the Department of Transportation
and Public Works to reflect prevailing costs of materials and labor.
This development creates the following zero intersections at a cost
to the Developer f $0.00:
(Private, multi-family)
Park Vista Apartments
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