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HomeMy WebLinkAboutContract 37612COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Buxton Company, hereinafter called "Developer", desires to make certain improvements to MERCANTILE CENTER LOT 2 BLOCK 5, 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, Wise, 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 David B. Glover, its duly authorized Director and the City, acting herein by and through Fernando Costa, 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. C. I� E. OFFICIAL RECOI RCAN7 ILE CET The Policy for the Installation of Community Facilities ("Policy") dated March 2001, subsequently amended and 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. 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. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. The contracts for the construction of the public infrastructure shall be n in conformance with paragraph 8, Section II, of the Policy. LOT 2 BLOCK 5 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 I 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 nggligence 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 MERCANTILE CENTER LOT 2 BLOCK 5 Page 2 of 5 Water (A).; Sewer (A-1)attached; Paving (B) Storm Drain (13- 1)_; Street Lights and Signs (C). M. %y 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. Sewer Facilities A. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $111,102. The City agrees to record the location of each J. said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and City shall share in the cost of the sewer improvements as follows: SANITARY SEWER FACILITIES: To Estimated Developer Cost Estimated City Cost Estimated Total Cost Mains within Development $ 809698 $ 30,404 $ 1115102 A roach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 80,698 $ 30,404 $ 111,102 be dedicated by the developer. 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: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; SEWER COST SHARE (The City pays for 27" sewer main, 5' manhole and the trench safety system.) 27" sewer pipe ($75) 'diameter manhole ($3,500) 1 MH x $3,500 Trench Safety System ($1000) 354 L.F. X $1.00 = MERCANTILE CENTER LOT 2 BLOCK 5 Page 3 of 5 TOTAL SANITARY SEWER FACILITIES: Estimated Developer Cost Estimated City Cost Estimated Total Cost Sub -Total Water $ - $ - $ - Sub -Total Sewer $ 80,698 $ 30,404 $ 1115102 Contingency $ - $ 73601 $ 7,601 Total Water and Sewer Construction $ 80,698 $ 38,005 $ 118,703 Construction Inspection $ 1,614 $ 760 $ 2,374 Construction Materials Testing $ 1 M4 $ 760 $ 29374 Grand Total $ 83,926 $ 39,525 $ 123,451 MERCANTILE CENTER LOT 2 BLOCK S Page 4 oF5 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, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the day of 1 2 , 2008. Approval Recommended: Water Department t S. Frank Crumb Director ATTEST: 'City Secretary Marty Hendrix to Form: Assistant ATTEST: 1 F ` MERCtWTILE CENTERrLOT 2 BLOCK 5 3.n dpp.4DgtAf�+ en �a FT. WORTH, TX - 3 Contact uF hori te Vaation Da City Of Fort Worth Assistant City Manager Fernando Costa DEVELOPER Buxton Company By:6Z/440a v Sign, print nam and title Scale °` a ' Meacham Blvd �1L____�! I i I I I IMI �I CI" T) S .I I I 0 \\ �c`cGab $• 1 ` LT \\ PROP. 27* SANI rk \ SEWER LINE / I I \ I I I1 Cq TOIIS1ita s I 5 I r•ct`9 �'c'\• G°b• Mercantile Partners L.P. Volume 11752, Page 207 2.775 Acres I SANITARi� SEWER LINE t- TO BE RELOCATED \° II I 5 Sv g. 151 r z'tt 0. 54 Zz M South Polaris Dr I� WWI BUXTON BUILDING EXHIBIT A -I SANITARY SEWER RELOCATION DRAWN BY: AB CHECKED BY BB BHB PROJECT: 2007.166.000 DATE: August, 2007 ��=equest Leview CF�net Staff qct oi' n DATE: CODE: SUBJECT: Council Caty of Fort Worth Employee Ihtr a M&C Em to aIlet �� A yee Directory gCToda 9�3�2008 Employee Classifieds 17 Online COUNCIL ACTIONI: gpproveq on 9/2/ 9/2/2008 REFERENCE 2008 C TYP NO'; *'�C-230 FdRT j�'dRTll rtments Print M&C Authorize E. 06 Execution of a Coat CONSENT LOG NgME: Construction of Sewer Se munit F PUBLIC HEgRING: N� UXTON Central P y acilities Agreement with B art of Fort Wo rytCes to Serve Mercantile rth, Texas, with Cit p Center uxton Company for y artici Lot 2, Block 5, Located in the REC01V1MEND pation in the gmount of $39 5 ATION: , 25.00 It is recommended that the Cit Agreement with Buxton Com y C°uncil authorize the Cit Lot 2, Block 5, located in the central r the installation sanitaMana $39, 525.00. ger to execute a Communit F part of Fort Worth, TexasSewer serv►ces to se y acilities with City participate nen the amou toter DISCUSSION: f 3uxton Company, the develo :ontract for c©� y per of Mercantile Center Lot 2 �f Interstate 35W unit facilities to serve and south of a develo 'Block 5, has executed a Meacham pment located in the central he total cost for water and sewer ern (see attached proposed map). part of Fort worth 'tY participation to increase provements for this developme � east sts for water and sewer im p oVecapacity in develo p ments are subjectto const uchohent is $123,451. ESTIIVIA7-ED CO Develo 00• There will be PROD ST. n ins per and City estimated ECT COST pection fees. Water DEVELOPER Sewer CITY :ontingency $0.00 TOTgL $80, 698.00 $0.00 ubtotal $30,404.00 $0.00 0.00 7 601.00 $111,102. 00 spection $80, 698.00 aterials Testing $1,614.00 $38�005.00 7 601.00 )TAL $760.00 $118, 703.00 1 614.00 $83,926,00 760.00 $2'374.00 evelopment is zoned I, industrial $39'525.00 2 374.00 and located in CO $123�451.00 UNCIL DISTRICT 4. . INFORMgTION/CE ance Director certifie s haFl undsON• er Capital Project Funds. are available in the current ca petal budget, as appropriated, of cfwnet,org�council�acket/mc_review.as AID— p lOnna.�... BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Page 1 of 1 UCC � Business Organizations � Trademarks � Account � Help/Fees � Briefcase � Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: Original Date of Filing: Formation Date: Tax ID: Duration: 130349800 March 1, 1994 N/A 17525410142 Perpetual Entity Type: Entity Status: FEIN: Name: BUXTON COMPANY Address: 2651 SOUTH POLARIS D FORT WORTH, TX 76137 USA Domestic For -Profit Corporation In existence REGISTERED FILING ASSUMED ASSOCIATED AGENT HISTORY NAMES MANAGEMENT NAMES ENTITIES Last Update Name Title Address June 22, 2007 THOMAS J BUXTON Director RT 1 BOX 71 lA MERIDIAN, TX 76665 USA June 22, 2007 DAVID B GLOVER Director 1816 KINGBRIDGE LANE ROANOKE, TX 76262 USA Order � Return to Search Instructions: To place an order for additional information about a filing press the 'Order' button. https://direct. sos.state.tx.us/corp_inquiry/core_inquiry-entity. asp?spage=mgmt&: Spagefrom=&: Sfiling_nu... 08/29/2008