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HomeMy WebLinkAboutContract 32845 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARR-ANT § Contract No. WHEREAS, , hereinafter called "Developer", desires to make certain improvements to , 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: 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, 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 I1, of the Policy. Woodland Springs Plaza Lot 1 Block A-Ne�nler CFA 4% and Utilities OS 13 OS.doc MU` Ff. 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). 1. 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. " PKi Woodland Springs Plaza Lot 1 Block A-Nev2er CFA 4% and Utilities 05 13 05.doc 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) Attached; Street Lights and Signs (C) Attached. M. 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. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B 1, and C. 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, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B1, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $28,670.86. EEOKI,9 Woodland Springs Plaza Lot 1 Block A-Never CFA 4% and Utilities 05 13 05.doc SUMMARY OF COST Woodland Springs Plaza Lot 1, Block A Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $28,670.86 28,670.86 2. Storm Drainage $0.00 $ - 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE 4% $ TOTALS 28,670.86 $ - 28,670.86 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. The developer is responsible for installation of sidewalk and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewalk. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Paid $28,670.86 for future improvements for Keller-Hicks Road. Woodland Springs Plaza Lot I Block A-Nevder CFA 4% and Utilities 05 13 05.doc V�u sv1SU� 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- d said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the day of- , 2005. Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director City of Marc Ott [NO M&C REQ1JIRED Assistant City Manager ATTEST: RECEIVED Marty Hendrix City Secretary Approved,as to Form: Assistan ' y Attorney ATTEST: DEVELOPER �/1�r1 t�,Cd �j7li-t Qz`c�,�I�zt���' �v�✓� ci�� By: Corporate Secretary Woodland Springs Plaza Lot 1 Block A-Nev6er CFA 4% and Utilities 05 13 05.doc CITY ���1RIVI PY Sent By: Helmberger Associates; 972 442 1428; Apr-20-05 9:32AM; Page 6/14 COMMUNITY FACILITIES AGREEMENT FOR KELLER-HICKS ROAD -A MINOR ARTERIAL (M4U) FOR THE DEVELOPMENT OF WOODLAND SPRINGS SHOPPING CENTER ITEM ENONVEER'S ESTIMATE NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PAWNQ 1 7"-55'B-8 CONCRETE PAVING 737.25 SY S 26.100 $ 18,431.25 1J2 SECTION•27 51-(245.75 LF) 2 8'MONOLITHIC CURB 246.76 LF S 2.00 $ 491.50 3 LIME STABILIZED SUBGRADE 778.21 SY S 2.28 3 1,750.97 4 LIME(2TO/sy) 10.51 TN : 106.00 $ 1,103,55 5 T SIDEWALK 245.76 LF $ 17.00 $ 4,177.75 6 TYP;Ili SIDEWALK RAMP 2 EACH $ 450.00 S 900,00 7 UNCLASSIFIED EXCAVATION 516.81 CY $ 3.50 $ 1,915.84 TOTAL $ 28,670.86 THIS STATEMENT OF PROBABLE COST IS BASED THE CITY OF FORT WORTH'S ORDINANCE NO. 14552 QUANTITIES WERE BASED ON ATTACHED FIGURE 6 OF THE CITY OF FORT WORTH STREET STANDARDS, TABLE IV-MINIMUM PAVEMENT CROSS SECTIONS AND THE ROADNAY FRONTAGE OF THE SUBJECT PROPERTY. PaQA(Udd\ad minlstration'a044 Jobs\04103\kel I ertl ic:kscia.xls :»I 0 . �� HKI I . STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2, 200 $0, 000. 00 MID-BLOCK RESIDENTIAL 0 EA $ 2, 200 $0, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2, 200 $0, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 200 $0, 000. 00 MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 750 $0, 000. 00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 750 $0, 000 . 00 RELOCATE EXISTING LIGHT 0 EA $ 1, 650 $0, 000 . 00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal $00,000.00 Project Total $00,000. 00 Adjacent Developer's Cost $00,000.00 Developer's Cost $00,000.00 2% Inspection Fee $00,000.00 CFA CODE #2005054 DEVELOPER' S COST: WOODLAND SPRINGS PLAZA, LOT I-BLOCK A May 7, 2005 Fort Worth, Texas May 9, 2005 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: WOODLAND SPRINGS PLAZA, LOT I-BLOCK A May 7, 2005 FORT WORTH, TEXAS CFA CODE #2005054 Page II of Exhibit C I10 } '•.',!;, ;,. If,nni III NO "STREETLIGHTS" INVOLVED WOODLAND SPRINGS PLAZA, LOT I-BLOCK A Page III of Exhibit C �ITIf 411 C"a'EER,pu FIR 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: (Signs already exist at Woodland Springs & Keller Hicks Rd work-order# 013026, this looks like a retail development.) Woodland Springs Plaza, Lot 1, Block A CFA code: 2005054 May 3, 2005 Sent By: Helniberger Associates; 972 442 1428; Apr-20-05 9:32AM; Page 5/14 TATE OF TEXAS: OUNT-Y CF TARRANT: INC. a tract or parcel of land situated In the City of Fort Worth. Tarrant County. Texas, being part of the W liom Huif Survey stroct Number 649 and being all of that tract of land described 'n deed to Mehrdod Moayedi recorded under County Clerk's i etrument Number D204325270. Deed Records of Tarrant County, Texas and being more particularly descrbed as follows: GINNING at a "P,K.' nail with washer stomped 'LONE STAR" set for comer within Keller Hicks Rocd (wriable width) and in the eterly right—of—way time of Woodland Springs Rood (on 84 foot wide right--of—woy), being the southeasterly corner of said eoyedi tract; ENCS North 89'42'47" West along and within said Keller Hicks Road o distance cf 245.75 feet to o "P.K." nail with washer arnped "LONE STAR" set for carrier: ENICE North 00'17'13" East. passing at 40.00 fast a � inch Iron rod found In the northerly right--af—way line of xdd Keller kdta Road as dedleoted by plot of Villages of Woodland Springs, Phase 1, Section 8 recorded In Cabinet A, 511de 6152 of the Iof Records of Tarrant County, Tome, said found iron rod also being the common southerly comer of Lot 13 and Lot 14, oak 30A of said addition and along the easterly line of sold Block 39A a total distance of 414.07 feet to a )j inch iron rod nth cap stamped 'LONE STAR' set for oorfwr at the common comer of Lot 5, Lot 6 and Lot 7, Block 39A of said addition, ing the northwerterty corner of said Moayedi tract; ENCE South 69'42'47` East along the southeriy Sino cf mold Block 2l9A a distonro of 245.75 feet to a 34 inch iron rod with la stamped 'LONE STAR' set for comer in said westerly right—of—way line of Woodlant Springs Road, being the southeasteriy comer of Lot 1X. Block 39A of said addition and the nar!heosterly comer of said Nooyedi tract: ENCE South 00'17'13' 'Nest along said westerly right—cf—way line of Woodland Springs Road, passing at 374.07 feet o � inch ion rod with cap stamped ZONE STAR' set and eontlnuing, in all. a total distance of 414.07 feet to the POINT OF BEGINNING d containing 101,758 square feet or 2336 acres of land, more or less, to be known as: A FINAL PLAT OF LOT 1, BLOCK A WOODLAND SPRINGS PLAZA AN ADUMON TO THE CITY OF FORT WORTH. SITUATED IN THE WILLIAM HUFF SURVEY, ABSTRACT NO. 649, TARRANT COUNTY, TEXAS n addition to the City of Fort Worth. Tarrant County, Texas and do hereby dedicate to the public use forever the., eosemantR nd rights—of—ray as shown hereon. xecuted this the day of A.O. 2005. TATE OF TEXAS: COUNTY Of TARRANT: EFORE W. the undersigned, a Notary Public in and for the Slate of Taxos, on We day personaliy .cppeared known to me to be the person whose name is subscribed to t-te foregoing inatrument and acknowledged to me that he executed the same for the propose and slderations therein expressed, and In the capacity therein stated. lk otary Public in and for the STATE OF TEXAS Page 1 of January 05, 2005 Sent. By: Helmber9er Associates; 972 442 1428; Apr-21 -05 9:32AM; Page 2/2 I Z iija R ' vyra .11 ISM ..———— —a---------------- 1 t 004. f U +-------------© '."u '951 dS P�olP�M W i i j `9 ! W LLJ -_� 1� ' ♦• �I Si 1 Y LLQ LIN i ,SIICCM — ---- --- �\� i =d1 + II I W OL - O I U LdtJ� ' ! It 1 11 i ' • ❑ W Lli�► Z Iva t 1 1 # i C) • 1 1 i I f+` El ' Q w LLI *Olnib-4 04 < • � l� � � � Wy � ! y to I 'M tt. C, JJ UO mw 1s.1— : , ' I►�`` I i tow �--. CIO a i' Ir—� C3> o W W..1 I:W W 4