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Home My WebLink AboutOrdinances (O-01-1291)-08/08/2001 ORDINANCE 0-01-1291 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN MELVIN & MARTINDALE, LTD., AND THE CITY OF COLLEYVILLE, TEXAS FOR THE COLLEYVILLE TOWN CENTER WHEREAS, Melvin & Martindale, Ltd., (Developer) shall construct public improvements and the City of Colleyville, Texas shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements, Local Government Code, State of Texas; and WHEREAS, The City of Colleyville and Developer hereby entered into a City- Developer Agreement/Contract for The Colleyville Town Center, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT the Developer shall construct the improvements and the City shall participate in their cost. THAT the City's total cost participation ($204,314) does not exceed thirty percent (30%) of the total contract price. THAT the Developer must execute a performance bond for the construction of the improvements to ensure completion of the project, said bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code. THAT the City shall be reimbursed by the Developer the total cost participation by the City if City finds there was any undue loading of cost, collusion, or fraud. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. Ordinance 0-01-1291 Page 2 of 2 AND IT IS SO ORDERED. ~. f~~t reading and public hearing being conducted on the /'I'tI.. day of ~ ,2001. The second reading and public hearing being conducted on the g~ day of O/-<1.uLJC ,2001. ATTEST: CITY OF COLLEYVILLE ~>'-k0xJ~ Cynthia Singleton, TRMC City Secretary S TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY OF COLLEYVILLE CITY-DEVELOPER AGREEMENT STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Melvin & Martindale, Ltd. a Texas Limited Partnership organized under the laws of The State of Texas, Herein after called "Owner/Developer" and the City of Colleyville, Tarrant County, Texas, HERBINAt' IJ::.K call the "City", enter into the following agreement ("The Agreement"). In consideration of the mutual covenants herein contained and for the purpose of developi~ lots in Colleyville Town Center, an addition to the City of Colleyville, as Filed for Record in Cabinet Slide~ of the Plat Records of Tarrant County, Texas, the parties hereto do agree: 1. The Owner/Developer will provide a complete service connection at each lot, including tap, service line, curb stop and tap for sewer. The charge for the right to connect to the system shall be in accordance with the City's current water and sewer tap fees. Fees will be charged and paid at the time building permits are issued. 2. The Owner/Developer will contract for street, drainage, water and sewer requirements with reputable contractors. All contract documents shall be prepared under the supervision and bear the seal of the Registered Professional Engineer who shall be licensed in the State of Texas. Before acceptance of the public improvements by the City, the contractor or contractors will furnish a two year maintenance bond or place funds in escrow with the City for two years, such bond or escrow to be in the amount of ten percent (10%) of the construction cost of all public improvements. 3, The Owner/Developer agrees to pay the City for plan review and inspection fees for the water, sanitary sewer, drainage and paving improvements in accordance with the current ordinance requirements, prior to acceptance of public facilities. 4. City agrees to pay the Developer the sum of $13,531.00 for utility improvements performed in Colleyville Town Center addition for the oversizing cost between an 8-inch water line and the lO-inch water line installed along Riverwalk Drive, Church Street, Colleyville Blvd. and Hall Johnson Road as shown on the City approved construction plans titled "Colleyville Town Center" Prepared by Washington & Associates. (See Exhibit "A") 5. The City agrees to reimburse the developer the cost for the installation of a sanitary sewer manhole and sewer line for the Justice Center at a cost of $4,590.00. (See Exhibit "B,,) 6, Developer agrees to construct Riverwalk Drive and Church Street, streets on the Colleyville Master Thoroughfare Plan, in lieu of paying roadway impact fees for Lots 1, 2, and 3, Block 1 and Lot 1 and 2, Block 2, Colleyville Town Center Addition (See Exhibit "C"). 7. The City agrees to refund one-half the total estimated cost of $350,178.00 for Riverwalk Drive fronting the Justice Center and the Community Center. The City of Colleyville's portion is $175,089.00 per the Development Agreement dated October 1, 1996. (See Exhibit "D") 8. City agrees to reimburse Developer $15,694.00 for the installation of 2"-4" electrical conduits along Church Street for communication lines for the Justice Center. (See Exhibit "E") 9. The City agrees to install the temporary signalization at the intersection of Church Street and Colleyville Boulevard (State Highway 26) at no cost to the developer upon the warranting of such signalization to the Texas Department of Public Transportation. 10. If for any reason the ownership of the property should change prior to the acceptance by the City of the water, sewer, drainage and paving improvements in "Town Center", it is agreed that these conditions will pass from this "Developer" to the next owner and the City will require proper signatures of the new "developer" agreeing to the terms of this agreement. 11. The Developer understands that he has no authority to cancel or amend the terms of the agreement without specific written authority of the City. 12. Upon completion of the work, good and suffieient title to all facilities constructed, warranted free of any liens or encumbrances, is hereby vested in the City of Colleyville. IN WITNESS WHEREOF, the parties to these presents have executed this contIact in three (3) counterparts, each of which shall be deemed an original on this L day of /f..I,u~-r , 2001. DEVELOPER CITY OF COLLEYVILLE ~~~~ M lvin & Martindale, A Texas Limited Partn By: R M. Farrell, Inc. General Partner By: Robert M. Farrell, President EXHmIT "A" I. WATER SYSTEM IMPROVEMENTS Item 12" Water Line 8" Water Line Unit Difference Total PVC Pipe $24.00 per LF $20.00 per LF 196 $4.00 $784.00 10" Water Line 8" Water Line PVC Pipe $22.00 per LF $20.00 per LF 4,796 $2.00 $9,592.00 Gate Valves $880.00 EA $640.00 EA 10 $230.00 $2,300.00 Fittings 4.0 Tons 3.7 Tons 0.3 $2,850.00 $855.00 TOTAL DIFFERENCE $13,531.00 OWNER: Herman Smith Co. EXHIBIT "B" OPINION OF THE PROBABLE CONSTRUCTION COST Colleyville Town Center Colleyville, Texas Sanitary Sewer System Cost Justice Center Cost May 9, 2001 \ Quantity I I I I. 'SANITARY SEWER SYSTEM Unit Unit Prices I ! Amount f-- ' T 1! 8" PVC Sewer Pipe 95 LF i 20.00 : 1$ 1,900.00 I L ..- Urop-'V'ClIIIIV'<:> .~ C^ ') ,;;nn nn 2500.00 3 Trench Safety 95 LF 2.00 · 190.00 I $ 4,590,00 I I I I i I -- I I I I I + I I , T I i ~ ----L-. .-- : I ! \ I r City Developer Agreement Exhibits EXHIBIT C Page 2 EXHIBIT "c" CITY ROADWAY IMP ACT FEES COLLEYVILLE TOWN CENTER 301,200 S.F. - Retail 19,500 S.P. - Restaurant 58,500 S.F. - Future Site - Office 301.2 x $955.00 19.5 x $1,613.00 58.5 x $790.00 Total = $ 287,646.00 $ 31,'153.50 $ 46.215.00 $ 365,314.00 EXHffiIT "C" STREET COST RIVERW ALK DRIVE & CHURCH STREET Item Description Ouantity Unit Unit Price Amount 1. Street Excavation 12,400 CY 2.00 24,800.00 2. 7" Concrete Pavement 16,076 SY 24.00 385,824.00 3. G" Stabilized Subgrade 17,871 SY 2.00 35,742.00 4. Material 289 TONS 90.00 26,010.00 5. Monolithic Curb 3,021 LF 2.00 6,042.00 6. Hand-cap Ramps 12 EA 500.00 6,000.00 7. Asphalt Transition 273 SY 25.00 6,825.00 8. Asphalt Sawcut 121 LF 10.00 1,210.00 9. Pavement Markings 1 LS 8,000.00 8,000.00 10. Brick Pavers 3,925 SF 6.00 23,550.00 11. Sidewalk (5') 2,225 SF 3.00 6,675.00 TOTAL COST $530,678.00 ENGINEERING SURVEYING TESTING INSPECTION FEES TOTAL $35,000.00 26,000.00 13,500.00 26.600.00 $101,100.00 101.100.00 $631.778.00 OWNER: Herman Smith Co. EXHIBIT "0" OPINION OF THE PROBABLE CONSTRUCTION COST Colleyville Town Center Colleyvllle, Texas Riverwalk Orive Community Center and Justice Center Cost May 9, 2001 I I. i STREET EXCA V A TION $ 10,855.00 II. STREET IMPROVEMENTS 216,388.00 !WATER SYSTEM - 41,175.00 i -- III. IV nDJ\ '''1 ,v, I I-I\n --- 26,160.00 ; I $ 294,578.00 : -----------r---.--- : I I ENGINEERING $ 19,150.00 SURVEYING 14,700.00 TESTI NG 7,000.00 I -- INSPECTION FEES 14,750.00 I 55,600.00 ! _._- 55,600.00 ----~------ i ------ - ---- ; TOTAL $ 350,178.00 i CITY OF COLLEYVILLE PORTION 50% = $ 175,089.00 I I ~ I I I I : i I .---.-r I e-- i H_ , -- --- .-- , --- I ....0...--------.--.--- -- - , City Developer Agreement Exhibits revision-2 EXHIBIT D summary OWNER: Herman Smith Co. EXHIBIT "E" OPINION OF THE PROBABLE CONSTRUCTION COST Colleyville Town Center Colleyville, Texas Electrical Conduit May 9, 2001 I I. 1[ ELECTRICAL CONDUIT Quantity Unit Unit Prices Amount ; 1 Conduit in Church Street 2,242 LF 7.00 [ 15,694.00 ~-~I I ! $ 15,694.00 [ , .- --+ _______ ________ _ -J-___ I [ _____-----r---___ ---- - t------~~-L--- ~--- - - -- I ! ! ! i i -----------~- , ! ._u_____ I , , I i -~ , I I I I i 1 I I I i ! I City Developer Agreement Exhibits EXHIBIT E Page 5