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Home My WebLink AboutContract 29384 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT t � § Contract No, c WHEREAS, Basswood/35 Partners, L.P., a Texas limited partnership, by Orinda Capital Partners, LP., by Orinda Managers, Inc., a Texas Corporation, hereinafter called "Developer", desires to make certain improvements to Basswood Blvd. and Sandshell Blvd., near Sandshell Commercial Addition in the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant 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 James J. Melino, its duly authorized Vice-President, and the City, acting herein by and through Marc Ott, 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, 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. 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 11, of the BASSWOODSANDSHELL 1 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 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. G. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. H. 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). J. 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. K. 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: BASSWOODSANDSHFU 2 Water (A) attached; Sewer (A-1) Attached; Paving (B) ; Storm Drain (B-1) ; Street Lights and Signs (C) II. Water and Sewer Facilities A. Developer shall install the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $264,452. 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 FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 182,735 $ 79,817 $ 262,552 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service/2-2" $ 1,900 $ -0- $ 1,900 Paving Repair/Water $ -0- $ -0- $ -0- Sub-Totals, Water $ 184,635 $ 79,8171 $ 264,452 * 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: I. Unit prices contained in City of Fort Worth Ordinance No. 14552; City participation for water and sewer improvements is calculated as follows: IT BASSWOODSANDSHELL 3 WATER COST SHARE (Developer pays for 8" water pipe and gate valve in Sandshell & Basswood & 12" water pipe and gate valve in Corrine. The City pays for 16"/8" pipe, valves and fittings, plus 12"/8" water pipe and valve in Sandshell & Basswood. 16"/8" water pipe ($40-$17) 1,560 L.F. x $23 = $ 35,880 12"/8" water pipe ($26-$17) 2,625 L.F. x $ 9 = $ 23,625 16"/8" water valve ($6,587-$676) 3 EA. x $5,911 = $ 17,733 12"/8" water valve ($1,223-$ 676) 2 EA. x $547 = $ 1,094 16"/8" water fittings ($2,969/Ton) .5 Tons. x $2,969 = 1,485 $ 79,817 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $ 79,817 BASS WOODSANDSHELL 4 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $144,250. 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 shall bear the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sanitary Sewer Mains/Lines $ 144,250 $ -0- $ 144,250 Approach $ -0- $ -0- $ -0- Easements * $ -0- $ -0- $ -0- Service $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 144,250 $ -0- $ 144,250 TOTAL Water and Sewer $ 328,885 $ 79,817 $ 408,702 Construction Costs CONSTRUCTION $ 6,578 $ 1,596 $ 8,174 INSPECTION FEE: *To be dedicated by the developer. I.-'u`-.r.. BASSWOODSANDSHELL 5 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 JPda'y of , 2003. Approval Recommended: Water Department (�� Q .ontract Authorization Dale A. Fisseler, P.E. ---�+ I _C\ Water Director gate ATTEST: City Of Fort Worth r B � loria Pearson Marc Ott City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney DEVELOPER: ATTEST: Basswood/35 Partners, L.P. by I xas ite Partnership by da ital P rtner , P by da a er In . its neral Partner Corporate Secretary Jam elino, Vice-President BASSWOODSANDSHELL 6 rl�� ''' .lnj �� WAXWING I J STAGHORN \ r/ FLINTWOOD SH BARK l / BIG LEAF FARM FIELD / CANOCA BASSWOOD _ \ / ° ISTLE CONE \ I \ SPRI GSIDE o \ y\ Z JUNE BERRY r BLU F AG WHITE FERN m m DOGWOOD PROJECT GREENSTONE �' \ \ CORRINE DR. LIMITS LONGSTRAW yAWjyOR \ \I WAY BU N Ck�/yf \ o ' Q I w 40 WREN WOOD qT Wig pFL \\ ) 3 0/V OwFR S / \ P 0 w00 N yEMCpCk U yZ \ CHESTNUT g�CK hpRN ��2 SS � �- \ RTNET <L�� WAY \ v LONG L \ A (WESTERN CENTER BLVD. \ CLUBGAIE / S CONSULTING CIVIL ENGINEERS • SURVEYORS f - •••+• L---� (972) 490-7090 FAX (972) 490-7099 A 5-8-03 '. Scc�e — 6 - !'4;�' ^� MILLY GILBERT SURVEY. ABSTRACT NO 565 & SHEET ABSALOM SMITH SURVEY, ABSTRACT NO. 1419 LOCATION MAP Des;gn CITY OF FORT WORTH 1 Drawn w AF TARRANT COUNTY, TEXAS SANDSHELL BOULEVARD Dwg, FIe 37995Ctm.dw BASSWOOD/35 PARTNERS, L.P. CORRINE DRIVE OF 8234 DOUGLAS AVE., 1650 LB-65 Project No. 0,'995.OA 20 DALLAS, TEXAS 75225 FORT WORTH, TARRANT COUNTY, TEXAS 6 PROP. 16" WATER EX. 16" WATER I I \ I • CORRINE DRIVE z _-------- O�'RL�Lfr p' 300' 600' S j • Q -- ..�.a,K �n SCALE: 1•— NO, w 1 PROP. 12" WATER --- j J I I iy •WES N CENTER BLVD. V CONSULTING CIVIL ENGINEERS • SURVEYORS (9 72) 490-7090 FAX (972) 490-7099 Scale : 1 = 600 Date . 04/01/0,3 MILLY ALBERT SURVEY, ABSTRACT NO. 565 k HATER MINT SHEET ABSALOM SMITH SURVEY, ABSTRACT NO. 1419 Design M.D.C. CITY OF FORT NORTH MINT A 2 Drawn : W.A.I. � TARRANT COUNTY TEXAS SANDSHELL BOULEVARD Dwg. File : 07995cfw.dw BASSWOOD/35 PARTNERS, LP. CORRINE DRIVE OF 8234 DOUGLAS AVE., #650 LB-65 6 Project No. : 07995.OA 20 DALLAS, TEXAS 75225 FORT WORTH, TARRANT COUNTY, TEXAS EX. 27" SAN. SWR. BASSWOOD C -J PROP. 8 .a.�„r T SAN. SWR. 0 �i o' 300' soo' CORRINE DRIVE e SCALE: t'— 600' I PROP. 8" _ SAN. SWR. :-- ---1 IF it L ,- WESTERN CENTER BLVD. h � CONSULTING CIVIL ENGINEERS • SURVEYORS (9 72) 490-7090 FAX (972) 490-7099 Q 7-8-03 Scole = 600 Dote 0410,103 MILLY ALBERT SURVEY, ABSTRACT NO. 565 h SANITARY SEVER EXHIBIT SHEET ABSALOM SMITH SURVEY, ABSTRACT NO. 1419 Design M.D.C. CITY OF FORT NORTH EXHIBIT A-1 3 Drown : W.A.I. o TARRANT COUNTY, TEXAS SANDSHELL BOULEVARD Dwg. File 07995Cfs.dw BASSWOOD/35 PARTNERS, L.P. CORRINE DRIVE OF 8234 DOUGLAS AVE., /650 LB-65 6 Project No. : 07995.OA 20 DALLAS, TEXAS 75225 FORT WORTH, TARRANT COUNTY, TMAS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/11/2003 DATE: Tuesday, November 11, 2003 LOG NAME: 60SANDSHELL REFERENCE NO.: C-19853 SUBJECT: Approval of Community Facilities Agreement with Basswood/35 Partners, L.P., a Texas Limited Partnership, by Orinda Capital Partners, L.P., by Orinda Managers, Inc., a Texas Corporation, for Construction of Water and Sewer Services to Serve Sandshell Commercial Addition RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Basswood/35 Partners, L.P., a Texas limited partnership, by Orinda Capital Partners, L.P., by Orinda Managers, Inc., a Texas Corporation, for construction of water and sewer mains to serve Sandshell Commercial Addition. DISCUSSION: Basswood/35 Partners, L.P., the developer of Sandshell Commercial Addition located in north Fort Worth, north of Loop 820 and east of 1-35, will construct water and sewer mains to this commercial development, as well as in the major collector streets, Basswood Boulevard and Sandshell Boulevard (see attached map). The total cost for water and sewer improvements is $416,876. There will be City participation in water pipe oversizing to increase pipe capacity in this development area. The developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL WATER $184,635 $79,817 $264,452 SEWER $144,250 $0 $144,250 EASEMENTS $0 $0 $0 INSPECTION $6,578 $1,596 $8,174 TOTAL $335,463 $81,413 $416,876 This development is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. T n rnon�a• A.IICANMCLIM T TO Fund/Account/Centers FROM Fund/Account/Centers P162 539140 060162152360 $79,817.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) T nrrnnmA• A04ZAATTICLTFT T