HomeMy WebLinkAboutContract 31169 COMMUNITY FACILITIES AGREEMENT CITY SECRETARY
CONTRACT NO.
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, Kimco Montgomery Plaza, L.P., a Texas Limited Partnership,
hereinafter called "Developer", desires to make certain improvements to Montgomery
Plaza, 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 KD Ft. Worth 1100, Inc., a
Texas Corporation, its Sole General Partner, and by Norm Brody, its duly authorized
Vice President; and by J.P. Weber & Company, d/b/a Weber & Company, a Texas
Corporation, and by John P. Weber, its duly authorized President, 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.
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
consequence of any failure to properly safeguard the '
U r r7 Te
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 negliwnce 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.
L. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Water (A); Sewer (A-1); Paving(B); Storm Drain (B-1); Street Lights and
Signs (C).
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. Water and Sewer Facilities
A. Developer shall install the proposed water line(s), fire line(s) and/or
meters as shown on Exhibit A, the estimated cost of which is $771,445.
The City agrees to record the location of each said service line in respect
to the corner of the lot served, and to retain said records in its possession.
The Developer and the City shall share in the cost of the water
improvements as follows:
WATER FACILITIES
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within $ 131,048 $ 183,070 $ 314,118
Development
Approach
(Carroll St.) $ -0- $ 382,877 $ 382,877
Easements* $ -0- $ -0- $ -0-
Service $ 14,450 $ -0- $ 14,450
Engineering $ 60,000 $ -0- $ 60,000
Sub-Total Water $ 205,498 $ 565,947 $ 771,445
COMMUNITY FACILITIES AGREEMENT
MONTGOMERY PLAZA
Page2 ,plf
Page 2 of 5 (�+. q�{
* To be dedicated by the developer at its sole cost and expense.
** If the cost of the water facilities is less than $591,950, the cost shall be apportioned
20% to the Developer and 80% to the City.
The costs stated herein may be based upon construction estimates rather than actual cost.
The final cost to Developer and City shall be based upon actual final Inspector Estimate
costs by a prequalified contractor selected through open bid process.
The City shall pay for a 12" offsite water pipe, fittings, and valves in Carroll Street.
B. Sanitary mains shall be installed as shown on Exhibit X I, the estimated
cost of which is $119,184. The City agrees to record the location of each
said service line in respect to the corner of the lot served, and to retain said
records in its possession. The Developer shall bear the cost of the sewer
improvements as follows:
SANITARY SEWER FACILITIES
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within $ 27,745 $ 91,439 $ 119,184
Development
Approach
(Carroll St.)Easements* $ -0- $ -0- $ -0-
Service $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 27,745 $ 91,439 $ 119,184
*To be dedicated by the developer at its sole cost and expense.
RECAPITULATION OF WATER AND SEWER FACILITIES
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Sewer $ 27,745 $ 91,439 $ 119,184
Sub-Total Water $ 145,498 $ 565,947 $ 711,445
Total of Water $ 173,243 $ 657,386 $ 830,629
and Sewer Const.
Construction
Inspection $ 3,465 $ 13,147 $ 16,612
Engineering $ 60,000 $ -0- $ 60,000
Grand Total $ 236,708 $ 670,533 $ 907,241
cif � Y
III. 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, 131,
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 be $179,053.16.
Street and Storm Drain Facilities
Item Estimated Maximum City Cost Total Cost
Developer Cost
A. Construction
1. Paving Improvements
Sidewalks on 7th Street $-0- $12,725.00 $12,725.0
Sidewalks on Carroll Street $-0- $31,565.00 $31,565.0
2. Storm Drainage $-0- $-0- $-0-
3. Street Lights $-0 $-0- $-0-
4. Street Name Signs $-0- $-0- $-0-
5. Carroll Street Restriping
and Signal Modification $-0- $128,177.00 $127,876.5
B. Engineering Design $-0- $-0- $-0-
C. Construction Engineering
and Management by DOE (4%) $ 6,899.0 $-0- $ 6,899.0
TOTALS $ 6,899.0 $172,467.0 $179,366.0
IV. Payment of City Participation
A. Not withstanding anything to the contrary contained herein, the aggregate
cost to the City for all community facilities and any other improvements
contemplated by this Agreement shall not exceed the lesser of(i) $843,000
or (ii) the actual cost of the construction of the Community Facilities. Any
costs in excess of$843,000 shall be borne exclusively by the Developer.
B. City participation shall be due and payable to the Developer upon (i) the
completion of the public infrastructure contemplated by this Agreement,
(ii) the attainment of all milestones and obligations required as a condition
for such payment pursuant to and in accordance with Section 5.7 of the
Economic Development Program Agreement ("EDPA") approved by the
City Council on July 7, 2004 by M&C C-20143 (which provision shall
control in the event of any conflict between such pr
and conditions of this CommunityFacilities A
C1' a �'
completion in accordance with the EDPA of all Required Improvements,
as defined in Section 4.1 of the EDPA.
IN TESTIMONY WHEREOF, he 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,nndaidhas executed instrument in triplicate, at Fort Worth, Texas this the y of Sd�
200thi
ATTEST: CITY OR WORTH
By --t
-_ Marty Hend6. Marc A. O
City Secretary Assistant Clity Manager
Approved as to Form Approval Recommended:
And Legality: Department of Transportation and Public
Work
Assistant Ohy Attorney Robert D. Goode, P. E.
Director
ATTEST: DEVELOPER
Kimco Montgomery Plaza, L.P.
A Texas limited partnership
raTeFxas
Worth1100,
co ration
is Sole Gen al Pa er
By:
Norm Brody, Vice President
J.P. Weber & Company
Approval Recommended d/b/a Weber& Company
Fort Worth Water Department a Texas corpora ' n,
S. Frank Crumb, P.E.
Acting Director
P. e ,President
Contract autho ization
RECEIVED
Date
�y
COMMUNITY FACILITIES AGREEMENT MIMI M'045
KIMCO MONTGOMERY PLAZA
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/21/2004
DATE: Tuesday, December 21, 2004
LOG NAME: 17KIMCOECFA2 REFERENCE NO.: C-20462
SUBJECT:
Approval of an Enhanced Community Facilities Agreement with Kimco Montgomery Plaza, L.P., for
Construction of Street and Water and Sewer Services to Serve Montgomery Plaza, a Mixed-Use
Development West of Downtown in the Cultural District
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Enhanced Community
Facilities Agreement in the amount of $1,086,607 with Kimco Montgomery Plaza, L.P. (the Developer) for
the installation of community facilities to serve the Montgomery Plaza development.
DISCUSSION:
On July 7, 2004, City Council approved M&C C-20143, which authorized the execution of an Economic
Development Program Agreement (the EDPA) with Kimco Montgomery Plaza, L.P. Pursuant to the EDPA,
the City will participate in the cost of community facilities to support the development by way of an
Enhanced Community Facility Agreement (ECFA).
Of the total ECFA of $1,086,607, the City will reimburse the Developer up to an amount not to
exceed $843,000 for public infrastructure improvements, of which $390,535 will be funded from the
Capital Project Funds under the Water Department's standard participation policy and $172,467 enhanced
street and storm drain participation funded with 2004 CIP Enhanced Community Facilities Agreement bond
funds. Any costs over $843,000 shall be the responsibility of the developer. The City will pay for the
remaining portion of the City's participation of $279,998 through Water Revenue bond funds which will be
reimbursed from excess proceeds received in any given year by the City's General Fund from property tax
and the 1% sales tax revenue from the Montgomery Ward site that are not covered by the EDPA .
Water and Sewer Facilities
Total project cost for water and sewer improvements for this development is $907,241. The ECFA provides
for City participation in water pipe replacement in adjoining Carroll Street due to the need for rehabilitation
and oversizing to serve the development area. The Developer and City estimated costs for water and
sewer improvements are subject to construction inspection fees.
Item Developer Cost Water Water(reimbursable) Total Cost
Water $145,498.00 $382,877.00 $183,070.00 $711,445.00
Sewer $27,745.00 $0.00 $91,439.00 $119,184.00
Inspection $3,465.00 $7,658.00 $5,489.00 $16,612.00
Engineering $60,000.00 $0.00 $0.00 $60,000.00
Total $236,708.00 $390,535.00 $279,998.00 $907,241.00
Logname: 17KIMCOECFA2 Page ] of?
Street and Storm Drain Facilities
Total cost for street and storm drain improvements for this development is $179,366. The City will
participate up to $172,467 in the construction of sidewalks on the north side of West 7th Street and on the
east side of Carroll Street, restriping Carroll Street and modifying the signal at West 7th Street at Carroll
Street. The estimated cost of the community facilities is as follows and subject to the actual bid price:
Item Developer Cost Street/Storm (.ECFA) Total Cost
Sidewalks W. 7th $0.00 $31,565.00 $31,565.00
Sidewalks Carroll $0.00 $12,725.00 $12,725.00
Restripe/Signals $0.00 $128,177.00 $128,177.00
Insp./Engineering Fee(4%) $6,899.00 $0.00 $6,899.00
Total $6,899.00 $172,467.00 $179,366.00
This development is located in COUNCIL DISTRICT 9.
The 2004 Capital Improvement Program included $8,670,000 for Enhanced Community Facilities
Agreements and Urban Development. If Council approves this agreement, the remaining balance of these
funds will be $6,577,890.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water and Sewer Capital Project Funds and the New Development Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P164 539140 060164015188 $565,947.00
P174 539140 070174013188 $91,439.00
C202 541200 179770015480 $172.467.00
Submitted for City Manager's Office by: Dale Fisseler (Acting) (6140)
Originating_Department Head: Tom Higgins (6192)
Additional Information Contact: Christine Maguire (8187)
Logname: 17KIMCOECFA2 Noe.? of