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Home My WebLink AboutContract 32849 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 8f WHEREAS, Sunrise Development, Inc., a Virginia corporation (doing business in Texas as Sunrise Senior Living Development, Inc.), hereinafter called "Developer", desires to make certain improvements to River Hills, Phase I, 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 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. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. JK 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, 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 damaPes are caused, in whole or in Part, by the alleged negligence of the City of Fort Worth, its of ikers, 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 rypn!'�Ty i Y7 •'NV��YY' Y��( 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. 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 Facilities A. The Developer(s) agree to install or to cause to have installed, the street, and other community facilities improvements shown as "current improvements"on the attached Exhibit B. B. As shown below in the "Summary of Cost", 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 Exhibit B. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $27,959.36. � rN1G`�:tR, ��J'%V SUMMARY OF COST Sunrise Senior Assisted Living Development Item Developer City Cost Total Cost Cost A. Construction $ 1. Streets $26,884.00 26,884.00 B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 1,075.36 1,075.36 TOTALS 27,959.36 $ - 27,959.36 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%. In the event that Developer, or its successor or assignee, does not acquire the property that is the subject of this Agreement, Developer may cancel this Agreement, and receive a refund of the four percent(4%) fee. 3. City not preparing plans and specifications, 4 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 veloppeer has executed this instrument in triplicate, at Fort Worth,Texas this the day of 52005. Approval Recommended: Transportation and Public Works Department C s `— Robert Goode, P. E. Director e t of F W h N r III;QUIRI;D Marc Ott Assistant City Manager ATTEST: f�� I 1 1 Marty Hendrix City Secretary Approved as to Form: Assist City Attorney � �011TUH, YEN. DEVELOPER Sunrise Development, a Virginia ratio By: Roc of s, Vice resident of Development 6 HALFF ASSOCIATES, Inc. 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 (817) 847-1422 CLIENT: Sunrise Senior Living DATE: 09/26/05 PROJECT: Sunrise Senior Living - Bryant Irvin Road AVO: 23010 FILE NAME: CostEst PREPARED BY: RDV ESTIMATE OF PROBABLE COST - EXHIBIT B2 Total Unit Total Item No. Description Quantity Unit Cost Amount 1 Unclassified Street Excavation 160 CY $3.50 $560 2 6"Thickened Pavement- Driveway 97 SY $22.00 $2,134 3 Lime- Driveway 1 TN $105.00 $149 4 6" Lime Stabilization- Driveway 105 SY $2.25 $236 5 7" Reinforced Concrete Pavement 475 SY $25.00 $11,875 6 6" Concrete Curb 350 LF $2.00 $700 7 4' Sidewalk 320 LF $14.00 $4,480 8 Type 1 Sidewalk Ramp 2 EA $350.00 $700 9 Sodding of Median 500 SY $3.10 $1,550 10 Remove and Replace Existing Road Signage 1 EA $500.00 $500 11 Pavement Markers and Signage 1 LS $4,000.00 $4,000 TOTAL $26,884 SAY $27,000 This statement was prepared•utilizing standard cost estimate practices. 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