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HomeMy WebLinkAboutContract 37673COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. S ! WHEREAS, Une Hundred Lexington .Place LTD hereinafter called "Developer", desires to make certain improvements to LEXINGTUN PLACE an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the Ciry 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 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 conforinance 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. Project Name— LExINGTON PLACE CrA Number — 2008-012 /DOE 5832 Date: Aug 28, 2008 FI VEVUR S , TX E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. 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 alleked nealieence 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 104.100, Ordinance 72 a Project Name — LE�INGTON PLACE � CrA Number — 2008-012 (DOG 5832 Date: Aug 28, 2008 K. 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. L, 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. AIVIENDI\4ENTS TO THI FC)1_,LO��/1NG SECTIC_}NS AS NECESSARY PER 'PRU,IEC"C Sl'ECIFICA"LIONS M. 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 -I) None; Paving (B)Attached, Storm Drain (B-1) None; 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 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. 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. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $95,347.63 Project Name — LEXINGTON PLACE CFA Number — 2008-012 /DOE 5832 Date: Aug 28, 2008 3 SUMMARY OF COST Project Name LEXINGTON PLACE CFA No. 2008-092 DOE No. 5832 Item Developer Cost City Cost Total Cost A. Construction 1. Streets $ 89,950660 $ 89,950460 2. Storm Drainage 3. Street Lights 4. Street Name Signs B. En ineerin Desi n C. Construction Engineering and Management by DOE 4% $ 3,598.02 $ . 3,598.02 D. Materials Testing by DOE 2% $ 1,799.01 $ 13799.01 TOTALS $ 95,347.63 $ - $ 95,347.63 $112,438.25 125% Financial Guaranty by Cash or Letter of Credit 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. Project Name — LEXINCTON PLACE tl CFA Number — 2008-012 /DOE 5832 Date: Aug 28, 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 Ciry 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 .ve 2008. Approval Recommended: ATTEST: Marty endrix City Secretary ATTEST: Corporate Secretary Transportation and Public Works Cort W/ort�h / Fernando Costa Assistant City Manager DEVELOPER Oue Huudr Project Name — LEXINGTON PLACE $ CFA Number — 2008-012 / DOL 5832 Date: Aug 28, 2008 By: �Ob2 r`f l.i %�IQS� L�Q.♦✓� ,owner (l�eblstered Agent �'�ame alai "Titic) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX arL Cleor Fork Trinity River ,/ � L/ � � '� �' � �l��, � N � �. � 4 A f7 r^' Z ge,��,oP �� �_� � 5 `. � ,,� � a� � �o Q S�. ��r W. 5th St. �1. 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