HomeMy WebLinkAboutContract 31756 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.,�)]
WHEREAS, CL Texas, L.P., a Texas Limited Partnership hereinafter
called "Developer", desires to make certain improvements to Summer Creek Ranch —
Phase E/Section II — Hulen Street (SB) — (Sta. 26+60.58 to Sta. 36+12.93), 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 Gary W. McAtee_, its duly
authorized Vice President of CL Texas, L.P., a Texas Limited Partnership , 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.
0IF�IC":I1wI �i�-0 D
CFA-Hulen E-II 1 �� ,
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section Il, 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 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.
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CFA-Hulen E-II 2 �, '_ �� � � ^�
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.
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 $ 220,411 97
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Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets $100,50745 $ - $100,5071-'
2. Storm Drainage $98,20600 $ - $ 98,2062-'-
3. Street Lights $ 13,75000 $ 13,75000
4. Street Name Signs -n/a- -n/a-
B. Engineering Design $
C. Construction Engineering
and Management by DOE 4% $ 7,94852 $ 7,94852
TOTALS $220,51197 $ - $220,51197
Notes:
1. All Preliminary Plats filed after July 2000, will require sidewalks on all streets.
Sidewalk cost is included under street cost. The developer is responsible for
installation of 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.
CFA-Hulen E-II 3
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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 triplicate, at Fort Worth,Texas this the4day of
, 2005.
Approval Recommended:
Transportation and Public Works Department
NO M&C REQUIRED Robert doode, P. E.
Director
ATTEST: C6oForjto4rth ,,B
Marty Hendrix0 Marc Ott
City Secretary Assistant City Manager
Approved as to Form:
sistar`t/b Attorney
CL Texas, L.P., a Texas Limited Partnership
By: CL Texas I GP LLC its general partner
ATTEST: DEVELOPER
B 'N"' -y:
Corporate Secretary Gary W. Mc t
Vice President
CFA-Hulen E-II 4
PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
TO: CL Texas, L.P., a Texas Limited Partnership
PROPOSAL FOR: Paving Improvements for
Summer Creek Ranch—Phase E/Section II—Hulen Street(SB)
D.O.E. NO, 4299
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Includes the furnishing of all materials, except materials specified to be furnished by the
City, e quipment a nd 1 abor for the c onstruc-tion o f p aving i mprovements and incidental
work to provide a complete and serviceable project designated as:
SUMMER CREEK RANCH—PHASE E/SECTION II
HULEN STREET (SB)
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications-for Water Department Projects,
the site of the project and understanding the amount of work to be done, and the j
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment
and material except as specified to be furnished by the City, which is necessary to fully
complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the City Engineering Department of the City of
Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond,
and such other bonds, i f any, as m,ay b e required b y t he C ontract D ocuments f or t he
performing and completing of the said work. Contractor proposes to do the work within
the time stated and for the following sums:
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CITY
n YEN.
BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-PHASE E I SECTION 11
HULEN STREET(SB)-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
1 . 3,123 SY Furnish&Install Eight-inch 3,000 PSI Reinforced Concrete Paving,
including 6 and 7-inch curb,complete in place,
for Twenty Three dollars
and Seventy Five cents per Square Yard S 23.75 S 74,171.25
2. 3,328 SY Perform Lime Stabilized Subgrade Preparation,
complete in place,
for One dollars -
and Sixty Five cents per Square Yard S 1.65 S 5,491.20
3 . 50 TON Furnish Hydrated Lune(301bs/SY)for Subgrade Stabilization,
for Ninety Four dollar
If and No cents per Ton S 94,00 S 4,700.00
4. l EA Furnish&Install Barrier Free Ramps,
as detailed on plans,complete is place,
for Five Hundred dollars
and No cents per Each S 500.00 S 500.00
5. 119 LF Furnish&Install End of Road Barricade at locations shown on
plans,complete in place,
for Fifteen dollar
and No cents per Linear Foot S 15.00 $ 1,785.00
6. 858 LF Furnish&Install 4-Foot Sidewalk,complete in place,
as shown in plans,
for Ten dollars
and No cents per Linear Foot S 10.00 S 8,580.00
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BID SCHEDULE
CL TEXAS,L.P.,A TE:CAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-PHASE E I SECTION If
HULEN STREET(SB)-FORT WORTH,TEXAS
PAVING CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
7. 28 LF Remove&Dispose of Existing End of Road Barricade as shown
and detailed in plans,complete in place,
for Ten dollars
and No cents per Linear Foot S 10.00 S 280.OD
8. 1 LS Famish&Install Paving Markers as shown and detailed in plans,
complete in place,
for 1000 dollars
and No cents per Lump Sum S 1,000.00 S 1,000.00
TOTAL BID FOR HULEN STREET(SB)-PAVING S 100,507.45
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(Unit prim as to be shoY-it In WO words and 111SML IL ease of dlWepsme.".int pnu m -fi6.&sill pin,ail.prKea IYmd atre\"e ari dw On1c Cempmialan le bC
made. All imms.i(\coK is required in complete the sorb as shee it N the plan and its specified,whish are not lilted an a par item in this proposal,are cunidemd
sabsiditt,w the item and Ae cwt of the subsidies'\\vrk should be included.)
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Contractor nester K-LP
Authorized
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Date 2-27-04
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PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
TO: CL Texas, L.P., a Texas Limited Partnership
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PROPOSAL FOR: Utility Improvements for
Summer Creek Ranch— Phase E/Section 11 —Hulen Street (SB)
WATER PROJECT NO. P 163-060163015168
SEWER PROJECT NO. P173-070173013167
D.O.E. NO. 4299
Includes the furnishing of all materials, except materials specified to be furnished by the
City, equipment and labor for the installation of water, sanitary sewer and storm sewer
facilities and all necessary appurtenances and incidental work to provide a complete and
serviceable project designated as: j
E
SUMMER CREEK RANCH —PHASE E/SECTION II—HULEN STREET (SB)
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications for Water Department Projects,
the site of the project and understanding the amount of work to be done, and the
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment
and material except as specified to be furnished by the City, which is necessary to fully
complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the City Engineering Department of the City of
Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, ;
and such other bonds,i f a ny, a s m ay b e required b y t he C ontract D ocuments f or the
performing and completing of the said work. Contractor proposes to do the work within
the time stated and for the following sums: I
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BID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-PHASE E/SECTION 11
HULEN STREET(SB)-FORT WORTH,TEXAS
UTILITY CONTRACT
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Item Estimated I Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
WATERLINE ITEMS
1 . 924 LF Furnish&Install 16-inch DIP Water Main,including trenching,
embedment,backfill,testing and sterilization,complete in place,
for Forty dollars
and No cents per Linear Foot S 40.00 S 36,960.00
2 . 3 EA Furnish&Install 16-inch Gate Valve,including valve box and
blocking,complete in place,
for Sixty Five Hundred dollars
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and No cents per Each S 6,500.00 S 19,500.00
3. 1 EA Furnish&Install 16-inch Plug as shown in plans,
complete in place,
for Two Hundred dollars
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and No cents per Each S 200.00 S 200,00
4. 91 LF Furnish&Install 10-inch PVC Water Main,including trenching,
embedment,backfill,testing and sterilization,complete in place,
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for Twenty Six dollars
and No cents per Linear Foot S 26.00 S 2,366.00
5. 2 EA Furnish&Install 10-inch Gate Valve,including valve box and
blocking,complete in place,
for Nine Hundred dollars
and No cents per Eacb S 900.00 S 1,800.00
6 . 2 EA Furnish&Install 10-inch Plug as shown in plans,
complete in place,
for One Hundred Fifty dollars
and No cents per Each S 150.00 S 300.00
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7. 177 LF Furnish&Install 8-inch PVC Water Main,including trenching,
embedment,backfill,testing and sterilization,complete in place,
for Twenty Four dollars
and No cents per Linear Foot S 24.00 S 4,248.00
8. 2 EA Furnish&InsWI 8-inch Gate Valve,including valve box and
blocking,complete in place,
for Six Hundred dollars
and No cents per Each S 600.00 S 1,200.00
9. 2 EA Furnish&Install 8-inch Plug as shown in plans,
complete in place, l
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for One Hundred dollar
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and No cents per Each S 100.00 S 20.00 `
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HID SCHEDULE
CL TEXAS,L.P.,A TEXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH•PHASE E/SECTION 11
HULEN STREET(SB)-FORT WORTH,TEXAS
UTILITY CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
10. 2,732 LB Furnish&Install Cast Iron Water Main Fittings,including polywrap,
complete in place,
for One dollars
and Fifty cents per Pound S 1.50 S 4,098.00
11 . l LS Design of Trench Safety System including sheeting,shoring
and/or bracing,
for Five Hundred dollars
and No cents per Lump Sum S 500.00 S 500.00
12 . 60 LF Provide Conrete Encasement,as shown in plans,
for Ten dollars
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and No cents per Linear Foot S 10.00 S 600.00
13 . 91 LF Implementation of Trench Safety system including sheeting,shoring,
and bracing,complete in place,
for Five dollars
and No cents per Linear Foot S 5.00 S 455.00
14. 1 EA Connect to Existing Waterline as shown in plans,
for Five Hundred dollars
and No cents per Linear Foot $ 500.00 S 500.00
15. 2 EA Furnish&Install Poly-pig,including Wye,as shown on
plans,complete in place.
for Eighteen Hundred dollars
and No cents per Lump Sum S 1,800.00 S 3,600.00
SUBTOTAL WATERLINE ITEMS $ 76,527.00
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BID SCHEDULE
CLTEXAS,LP.,A TEXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-PHASE E/SECTION II
HULEN STREET(SB)-FORT WORTH,TEXAS
UTILITY CONTRACT
Item Estimated Total Total
No. Quantity Unit Description of Item with Total Unit Price Written in Words Unit Price Amount
STORM SEWER ITEMS
16. 38 LF Furnish&Install 21-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Thirry Three dollar
and No cents per Linear Foot S 33.00 S 1,254.00
17. 25 LF Furnish&Install 30-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Fifty Two dollar
and No cents per Linear Fool S 52.00 $ 1,300.00
l8. 38 LF Furnish&Install 36-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Sixty Five dollars
and No cents per Linear Foot $ 65.00 S 2,470.00
19. 884 LF Furnish&Install 48-inch Reinforced Concrete Pipe,including
excavation,embedment and backfill,complete in place,
for Ninety Eight dollar
and No cents per Linear Foot S 98.00 S 86,632.00
20. 1 EA Furnish&Install 21"Reinforced Concrete Cap,as shown in plans,
complete in place,
for One Hundred Fifty dollars
and No cents per Each S [50.00 S 150,00
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e:. 21 . 2 EA Furnish&Install 30"Reinforced Concrete Cap,as shown in plans,
> complete in place,
for Two Hundred dollars
t
and No _ cents per Each S 200.00 S 400.00
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22 I EA Furnish&Install 48"Reinforced Concrete Cap as shown in plans,
complete in place,
for Two Hundred Fifty dollar
and No cents per Each S 250.00 S 250.00
23. 1 EA Furnish&Install 20-Foot Standard Curb Inlet,including
excavation,backfill and materials,complete in place,
for Four Thousand dollar i
and No cents per Each $ 4,000.00 S 4,000,00
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24. 1 EA Furnish&Install 5'x5'Storm Drain Manhole with lid,as shown in plans,
including excavation,backfill and materials,complete in place,
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for Sixteen Hundred dollar i
and No cents per Each S 1,600.00 S lei
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BID SCHEDULE ,
CL TEXAS,L.P.,AT EXAS LIMITED PARTNERSHIP
SUMMER CREEK RANCH-PHASE E 1 SECTION 11
HULEN STREET(SH)-FORT WORTH,TEXAS
UTILITY CONTRACT
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Item Estimated Total Total
No. Quantity Unit Description ofltem with Total Unit Price Written in Words Unit Price Amount
25 . 1 VF Provide extra vertical depth for Storm Drain Manhole,
as shown in plans,
for One Hundred Fifty dollars
and No cents per Foot $ 150.00 S 150.00
SUBTOTAL STORM SEWER ITEMS S 98,206.00
MISCELLANEOUS ITEMS
26. 945 LF Install 4"PVC Electrical Conduit,as indicated in plans,
complete in place,
for Eight dollars
and No cents per Linear Foot S 8.00 S 7,560.00
SUBTOTAL MISCELLANEOUS ITEMS S 7,560.00
SUMMARY-SUMMER CREEK RANCH-HU LEN STREET(SB)UTILITIES
SUBTOTAL WATERLINE ITEMS S 76,527.00
SUBTOTAL STORM SEWER ITEMS S 98,206.00
SUBTOTAL MISCELLANEOUS ITEMS $ 7,560.00
TOTAL BID FOR HULEN STREET(SB)-UTILITIES S 182,293.00
(Unit prices arc to be indicated in both,cords and figures. to rase of discrepanec,the unit price in writing will prevail. Prices listed ah—arc the onlc compensation to be
made.All item.,if work is tequired to complete the work as indicated in the plana and as speci6cd,which are not listed as a pad item In this proposal,we considered .
subsidia .to the item and the cost of the subsidianwork should be included.)
Contractor C aster Const
Authorized Sign/
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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 5 EA $ 2, 500 $12 , 500 . 00
RELOCATE EXISTING LIGHT 0 EA $ 1, 500 $0, 000 . 00
Subtotal $12,500 . 00
City' s Cost $00, 000 . 00
Developer' s Subtotal $12, 500 . 00
10% Contingencies $1,250. 00
Project Total $13,750 .00
Adjacent Developer's Cost $0, 000.00
Developer' s Cost $13,750. 00
2% Inspection Fee $0, 00 .00
DEVELOPER'S COST: $13,750 .00
SUMMER CREEK RANCH, PHASE E-SECTION II
May 20, 2004
Fort Worth, Texas
May 25, 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: $13,750.00
SUMMER CREEK RANCH, PHASE E-SECTION II
May 20, 2004
FORT WORTH, TEXAS
Page II of Exhibit C
III.
"STREETLIGHTS"
MID-BLOCK MEDIAN
SOUTH HULEN ST 5 (DOUBLE ARMS)
SUMMER CREEK RANCH, PHASE E-SECTION II
Page III of Exhibit C
F H" CORD
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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 :
(Street name signs are existing. There is a possibility that
other misc traffic signs may be needed. )
Summer Creek Ranch, Phase E, Section 2
CFA code: 2004059 Date : May 10, 2004
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