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Home My WebLink AboutContract 32261 y COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No _I WHEREAS, J.L.K. Land Limited, hereinafter called "Developer", desires to make certain improvements to Southbound Park Vista Boulevard for Rolling Meadows, 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 PMR Development G.P., L.L.C., its duly authorized General Partner, 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: 1. 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 11, 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. Uff CFA_SBPV.doc 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 damakes are caused, in whole or in part, by the aIle ed ne Iijeence 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. CFA_ �� 4 SBPV.doc 2 �n b Water (A) N/A; Sewer (A-1) N/A; Paving (B) attached; Storm Drain (B-1) attached; Street Lights and Signs (C) N/A. 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, Bl, 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 $ 206,624.40 . Item Developer City Cost Total Cost Cost Construction 1. Streets $ 134,739.30 $ - $ 134,739.30 2. Storm Drainage $ 63,938.00 $ - $ 63,938.00 3. Street Lights $ $ 4. Street Name Signs $ $ B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 7,947.10 M $ 7,947.10 TOTALS $ 206,624.40 $ - $ 206,624.40 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_SBPV.doc 3 � 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, an said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the�ay of 2007 Approval Recommended: Transportation and Public Works Department NO M&C REQUIRED Robert Goode, P. E. Director ATTEST: City Of Fort W h ' L B � y: ar+Ln rc tt City Secretary Assistant City Manager Approv as to Form: DEVELOPER JLK Land Limited i Assista t Attorney General Partner: PMR Development G.P., L.L.C. A Texas Limited Liability Company ATTEST: By: Resland Development Corporation A Texas Co aho its Gener Part Mark Johns, ce Ptesident Limited Partners: Resland Develo ent Co ration Corporate Secretary a Tex `orp a ' n B Mark Johns, V' e esi CFA SBPV.doc 4 i TPORT PKWY. � PROJECT LO ATION I ILo - llnr s to p 1 2 ~ w w o � m I n = $ a KELLER HICKS ROAD z BEAR CREEr FM 1709 GOLDEN TRIANGLj B D I Q 1 M V, D N NOT TO SCALE . 4 S LOCATION MAP , .t, ICI' ' �M��•,= SOUTHBOUND PARK VISTA BOULEVARD Carter Burgess CARTER & BURGESS,INC. 777 MAN STREET FORT WO M,TX 76102 (am 775-6600 PROJECT NO. 011573.010. 1.0001 N SCALE, l" - 200' i l CIVIL .M1 ....�_.. q LEGEND 'ROP, 27' B/E3 STREETS 'OADWAY/ 1/2 1 1 0' Row EXHIBIT 'B` SOUTHBOUND 'VISTA ROP. a' S I DEWALK .....,.. PARK BOLT ............ _ . :' .:' . -' BOULEVARD IMITS OF PROJECT Carter Burgess CARTER & BURGESS,INC. 777 AWN STREET FORT WORTH,TX 76102 1917)775-6000 Dan it , — -_ ! i cc SCALE, I Z7'- 14A 7„ I I ',�1AR7tE3 ft I Df>E, -C L.N. .� I X51 Ol., i 7. Q� I ' II II _ 24" RCPU- 14- ttASLF' - LEGEND STORM DRAIN LIN I NLET � STOp� � MANHOLE �EXH VI DRAIN 1EAOWALL BIT , STORM ORA 1N LINE UT"$BOUD vrST F pROjECT P ARK ABOULEVARD C4rfer,By CARTER '& n>... 8 Bl Ac CARTER BUIGES ,AN 777 MAIN STR EFS 0RT i QFtTHs TEXAS 761Q2 PHCyNE Nq (�a7) ?35=fi or Melo(817) 429,0170 SOUTHBOUND PARK VISTA BLVD MAY 24,2004 PAVING ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 6" LIME STABILIZED SUBGRADE 5,802 S.Y. 1.40 8,122.80 2 HYDRATED LIME 30#/SY) 87 TON 90.00 7,830.00 3 6" R.C. STREET PVMT WR" CURB 5,283 S.Y. 18.00 95,094.00 4 TEMPORARY 6" CONC. PAVEMENT 308 S.Y. 18.00 5,544.00 5 SIDEWALKS 5,401 S.F. 2.50 13,502.50 6 SIDEWALKS RAMPS 2 EA. 350.00 700.00 7 PAVEMENT MARKINGS 1 L.S. 2,000.00 2,000.00 8 STORM WATER MANAGEMENT 1 L.S. 2,000.00 2,000.00 TOTAL - PAVING $134,793.30 G:\J 0B\013110\EST\atph 1 cfa.xls 5/21/2004 CARTER & BURGES5,ING l77 MAIN STREET, KART; .PIRTHf. TEXAS ':.761 Ox PHON>~ Np (8y7) X35-$04R for hlltro x(8; 7 429 0170: SOUTHBOUND PARK VISTA BLVD MAY 24,2004 STORM DRAINAGE ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 36" RCP 140 L.F. 51.00 7,140.00 2 33" RCP 87 L.F. 58.00 5,046.00 3 30" RCP 72 L.F. 87.00 6,264.00 4 24" RCP 805 L.F. 34.00 27,370.00 5 TRENCH SAFETY STORM DRAIN) 1,104 L.F. 1.00 1,104.00 6 STD 10' CURB INLET 4 EA. 2,500.00 10,000.00 7 24"TYPE B HEADWALL 1 EA. 44.00 44.00 8 4' SQUARE MANHOLE 2 EA. 2,200.00 4,400.00 9 ROCK RIP RAP 19 S.Y. 30.00 570.00 10 STORM WATER MANAGEMENT 1 L.S. 2,000.00 2,000.00 TOTAL - STORM DRAINAGE $63,938.00 hid•., -.5�,.,�� G:\JOB\0131 10\EST\atph1 cfa.xls 5/21/2004