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Home My WebLink AboutContract 37043COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary a COUNTY OF TARRANT § Contract No.10 WHEREAS, Hillwood Alliance Services, LLC., hereinafter called "Developer", desires to make certain improvements to Horizon Drive, 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, Denton and Wise 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 Horizon Dr. 2008011 02/13/2008 A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended, 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. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 Policy. 1 M;W'1;,c L F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. G. 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 nea _, ence of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 1 U49100, Ordinance 7234). K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, speccations and cost estimates supplied by the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to Horizon Dr. 2008011 02/13/2008 3 construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a pant hereof: Water (A)None; Sewer (A4) None; Paving (B) None Storm Drain (B-1) Attached; Street Lights and Signs (C) None.. N. 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 and Storm Drain Facilities A. The Developers) 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 Exhibit B l . 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 Exhibit B 1. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $ 5,198.24 Horizon Dr. 3 2008011 02/13/2008 SUMMARY OF COST Horizon Drive Item Developer Cost City Cost Total Cost A. Construction $ - 1. Streets $ - 2. Storm Drainage $4,904.00 47904000 3. Street Lights $ - 4. Street Name Signs $ B. Engineering Design $ - C. Construction Engineering and Management by DOE 4% $ 196.16 $ 196.16 D. Materials Testing by DOE 2% $ 98.08 1 1 $ 98.08 TOTALS 5,198.24 $ - 51198024 Notes: l .All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. Horizon Dr. 4 2008011 02/13/2008 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate 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 the day of l 2008. Approval Recommended: ATTEST: �1 Mart Hendrix City Secretary ATTEST: Corporate Secretary Horizon Dr. 2008011 OZ/13/2008 Transportation and Public Works Cit of Fort Worth Atw Fernando Costa Assistant City Manager DEVELOPER HILLWOOD ALLIANCE SERVICES, LLC., a Texas limited liability company By: Hillwood Development Company, LLC, a Texas limited liability company, its managing member STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �P�uCtx� aa, 200E, by L .f ssetL Lc ,,,+< Q In , S U .y � e_ V�res C�. of Hillwood Development Company, LL , a Texas limited liability company, on behalf of said limited liability company, in its capacity as managing member of Hillwood Alliance Services, LLC, a Texas limited liability company, on behalf of said limited liability company. Notary Public, State of Texas o,�pPY PU�o K R KILLMAN aOl� Notary Public * y State of Texas N�grEOFtti�Q MY Comm Expires 04 2. &2�011 Horizon Dr. 2008011 02/13/2008 SH 114 4 ^^ � Jy y h� AIRW Y EAGLE HENRIETTA CREEK INTERMODAL R F incyf SN l�o IL WESTPORT �c WESTPORT — KNOX y W Ex W O C7 PROJECT a o LOCATION ay Mr G►LEAD 09 Lo 2F, a FM 1709 Gay, Gs, 28, NOT TO SCALE LOCATION MAP HORIZON DRIVE DGN=q�\Job\ 015000020\EST\CFA\ HC2CFA.DGN darter �� Burgess CAmRT�R �6�9URGE55, INC. F � W 71f 76102 PROJECT NO* 015000* 020. 001* 0630 PAGE 1 OF 2 Lot, SCALEF t" = 40' 30` R C P W ; ADL DEVELOPMENT, L . P. , FORMERLY KNOWN AS I I I HILLWOOD12470, LTD., FORMERLY KNOWN AS i ALLIANCE AIRPORT, LTD. VOL.9378,PG.2033 Q C, , 1 1 I f 1 � • Q � 1' Ion (� Q N I 2401DR. - RCP-6sR _ �_u srCP cfw SD 7211RC5R� •HERITAGE C MOV II. L rsc634 1,t11 WOL • F 284p C �4 0ICAT/LiV - _ e•G - _ _ . T • _ - - - _y- _- oil -1, ---- Ft 'X ' _ ;D LET 1 1 I I I 1 � HERITAGE COMMON I• LTD. 1 _ — VOL.13013•PG.342 C.R.T.C.T. 1 - , 1 , 1 1 _1- 1 STORM DRAIN LEGEND EXHIBIT 'G-' 06 PROP• STORM DRAIN LINE ,1. HORIZON DRIVE PROP. INLET PROP. MANHOLE -f- PROP. HEADWALL -� Carter Burgess EXIST. STORM DRAIN LINE _____``_____ MMSMEEr s,INC. FORT N'ORfH, TX 76g7 LIMITS OF PROJECT ----- 017)77seoUo PROJECT NO. 015000. 020. 001a 0630 PAGE 2 OF 2 DGN=qI\JoD\ 015000020\EST\CFA\ NC2CFA.DGN CFA Estimate for: Horizon Drive DECEMBER 27, 2007 CONSTRUCTION COST SUMMARY FEE COST SUMMARY STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 27" RCP 34 L.F. 55.00 $15870*00 2 8' Modified Drop Inlet 1 EA. 3,000.00 $31000.00 3 Trench Safety 34 L.F. 1400 $34600 SUB -TOTAL STORM DRAIN SYSTEM $45904.00 G:\JOB\015000020\EST\CFA\20071227 Horizon Drive CFA