HomeMy WebLinkAboutContract 30820 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § _ City Secretary
C01TNTY OF TARRANT § Contract No. -
WHEREAS, Red. Oak Realty, LLC, hereinafter called "Developer", desires to make
certain improvements to Magnolia Green 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 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 Mr. James M. Eagle., its duly
aut4orized President and the City, acting herein by and through Marc Ott, its duly
autlkorized 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 II, 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, it officers;.l_
CF14 WellsFar oMa oliaGreen 1
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. Dt.veloper 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-
Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B-
1) None; Street Lights and Signs (C) None. a ,
CFf;,_WellsFargoMagnoliaGreen 2
II. Street and Storm Drain Facilities
A. The Developer(s) agree to install or to cause to have installed, the street
paving and other community facilities improvements shown as "current
improvements" on the attached Exhibits B..
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 street paving as shown on the
attached Exhibits B. The estimated total cost of current improvements and
related support services specified in this agreement, including design,
construction and inspection is estimated to $26,816.40.
Nottis:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
S;dewalk cost is included under street cost. The developer is responsible for
iistallation of sidewalk.
2. Developer's column for Item C represents four percent (4%) cost for construction
impection fees and materials testing less 10% for contingency cost.
(*) Represents City participation for construction fees based on actual cost.
3. City not preparing plans and specifications.
IN 'TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
exei:uted in quadruplicate in its name and on its behalf by its Assistant City Manager,
atte-,,ted by its City Secretary, with the corporate seal of the City affixed, and said--DeveloptT
CFj�,_Wel1sFargoMagno1iaGreen 3 , __
` 1
has isxecuted this instrument in triplicate, at Fort Worth, Texas this the. I &y of
—,—, 2004.
App--roval Recommended:
Transportation and Public Works
Department
Contraci. Authorizatioa
Robert Goode, P. E.
Director
Date
ATTEST: City Of Fort Worth
1
By:
a"Y ;r t Marc Ott
C
it, Secretary Assistant City Manager
Approved as to Form:
Assistant City Attorney
AT'T'EST: DEVELOPER
Red Oak Realty, LLC
Cov)orate Secretary
By:
Na es M. Eagle
Title: President
CFi'._WellsFargoMagnoliaGreen 4
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- Proposed HC Ramp -
I and Sidewalk
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Curb and Gutter
LOT 4, BLOCK 1
/— Proposed `Concr6'66;veway-
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Wells Fargo Bank
Scale: 1" so' Magnolia Green Addition
B 0 YDS T O T Civil Engineering/,Plonning
222 W. Exch-ange Ave., Sul., 101
D e Sion s, Inc Fort Worth, TX 75706 ---
Ph: E17 Ego-7873 13 er.: 87 -i;Cs_
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Engineer's Opinion of Probable Cost of Construction
Item No. Item Description Quantity Unit Unit Price Extension
1 Remove E Kisting Concrete Curb and Gutter 200.00 LF $ .12.00 $ 2,400.00
2 Excavatioi 200.00 CY $ 11.00 $. 2,200.00
3 6" Lime Slibilized Subgrade Preparation 130.00 SY $ 9.50 $ 1,235.00
4 Hydrated lJme (Based on 30r"r/SY) 2.00 Tons $ 250.00 $ 500.00'
5 7"Curb, 1 V Gutter 200.00 LF $ 30.00 $ 6;000.00:
6 . 8" Hot Mix-sd Asphaltic Concrete Pavement.(6" B; 2" D) 95.00 Tons-. $ 110.00 $- -10,450.00 :
7 6"3000 Heinforced Concrete Driveway: 35.00 SY $ 40.00 $ 1,400.00
8 4"SidewaA and HC Ramp 400.00 SF . $ 4.00. $ 1,600.0.0
$ 25,785.00
Inspection.Fees: 4.00% $ .1,031.40.
$ 26,816.40.
8/19,2004 Wells Fargo
I. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK RESIDENTIAL 0 EA $ 2 , 000 $0, 000 . 00
CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK COLLECTOR 0 EA $ 2, 000 $0, 000 . 00
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 500 $0, 000 . 00
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 500 $0, 000 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $00, 000.00
City' s Cost $00, 000 . 00
Developer' s Subtotal $0, 000.00
10% Contingencies $0, 000. 00
Project Total $0, 000.00
Adjacent Developer's Cost $0, 000 .00
Developer' s Cost $0, 000.00
2% Inspection Fee $0, 00. 00
(CFA CODE 2004101)
DEVELOPER'S COST:
MAGNOLIA GREEN ADDITION
July 14, 2004
Fort Worth, Texas
July 26, 2004
PAGE I OF Exhibit C
II. STREET LIGHTS 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 and /or collector streets can be
installed using overhead or underground conductors with the approval
of the Director of Transportation and Public Works .
3 . The City will install all the streetlights that use overhead or
underground conductors on residential, and collector streets. the
developer agrees to pay the city the amount shown below prior to the
City starting it' s design efforts.
4 . Streetlights on arterial streets shall be installed with underground
conduit and 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 electrical transformers required for the
proper operation of the street lights
6 . The estimated cost of this street light installation is detailed on
page 1 of exhibit C and is summarized below, the street lights will
remain the property of, and will be maintained by the City of Fort
Worth.
DEVELOPER'S COST:
MAGNOLIA GREEN ADDITION
July 14, 2004
FORT WORTH, TEXAS
(CFA CODE 2004101)
Page II of Exhibit C
III.
NO STREET LIGHTS
MAGNOLIA GREEN ADDITION
Page III of Exhibit C
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 $100.00 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.
3. This development creates the following zero (0) intersections at a cost
to the Developer of $0.00:
(Private {Bank))
Magnolia Green Addition
CFA code: 20040101 July 13, 2004
SUMMARY OF COST
Magnolia Green Addition
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $25,785.00 $ 25,785.00
2. Storm Drainage $ -
3. Street Lights $ -
4. Street Name Signs $ -
B. Engineering Design $ -
C. Construction Engineering
and Management by DOE 4% $ 1,031.40 1,031.40
TOTALS $ 26,816.40 $ - $ 26,816.40
CFA CODE: 4