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Home My WebLink AboutContract 37595r COIVINIUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, MDJ DEVELOPMENT hereinafter called "Developer", desires to make certain improvements to GODDARD SCHOOL, FS-008-006 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 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 of the Policy. Project Name — GODDARD SCF100 OFFICIAL RECORD CFA Number—200&064 / DOE 6031 CITY SECRETARY Date: Aug 28, 2008 FT WORTH, TX F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 6, 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 damapaes are caused, in whole or in part, by the alleged neglizence 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 I04.100, Ordinance 7234). 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 Project Name — GODDARD SCHOOL 2 CFA Number — 2008-064 /DOE 6031 Date: Aug 28, 2008 construct current and future improvements provided for in this agreement. AMENDMENTS TO THF_, FOLLOWING SECTIONS AS NECESSARY PER PROJEC'ISPECIFICATIONS 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-1) None; Paving (B)Attached, Storm Drain (B-l) 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 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 Exhibits B I 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 $,S, a 57. 10 D Project Name — GODDARD SCHOOL CFA Number — 2008-064 /DOE 6031 Date: Aug 28, 2008 3 Project Name CFA SUMMARY OF COST GODDARD SCHOOL 2008-064 DOE 6031 Item Developer Cost City Cost Total Cost A. Construction 1. Streets 2, Storm Drainage 4,960.00 41960400 3. Street Lights Inspection 4. Street Name Signs 5. Power Cost B. Engineering Design C. Construction Engineering and Management by DOE 4% 198.40 198.40 D. Materials Testing by DOE 2% 99.20 99.20 $ 51257060 $ - $ 5,257060 TOTALS $ 6,200.00 125% Financial Guarantee 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 (470) 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. 5. Future Improvements to Ray White Rd for $19,676.14 paid. Project Name — GODDARD SCHOOL q. CFA Number — 2008-064 /DOE 6031 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 City Manager, attested by its City Secretary, with the corporate seal of the executed this instrument in triplicate, at Fort Worth, 120080 Approval Recommended: A TT�'CT• Al lIJJl: Corporate Secretary Project Name — GODDARD SCHOOL CFA Number — 2008-064 /DOE 6031 Date: Aug 28, 2008 City affixed, d said Developer has Texas this the day of Transportation and Public Works Department Fernando Costa Assistant City Manager MDJ DEVELOPMENT, LLC 8145 BASTER SPRINGS RD AUSTIN, TEXAS 78745 By: (Registered Agent Name and Title) DFFICfAI. RECORD 5 CITY SECRETARY FT WORTHm ry I I11. 1 � 111 PftOPO5E0 X10NUtAENT SIGN_ PkgU]DE ELECTRICAL FOR GROUND L]GHTS. 1" CUNOUIT TO 0-60XE5. REFER TO SITE ELECTRICAL PLAN, T PROPERLY LINE t I f } } I OPTIC 6UI O 1 Aw I1 I 1 I PC Pi 1, 1 } EXIST.CUNG.APRON —� z_ 1 J 1 r I MITERED END SECTION PER TXDOT w 1 STANDARD DETAIL 0 1 INV EL467:00 a I TIE RIPRAP TO 1 EXIST.CONC.APRON 1 f 68. 15 LF - 121 ° RCP I T I l I 3 I : 1 i 1 POWER IPOLE T � f� r F 0 k 0 I� EXHIBIT "B1" STt]RM DitA[NAGE SCALE:I"=aa•-o" 1 I 1 1 i Q ONC CITY OF FORT YIORTH SAN SEWER MAP � 20bfi�4485 CITY OF FOR7 WOI�TN WA1FR AdAP � Z066-448W Engineer's Opinion of Probable Cost Storm Drainage: Pay Item Description Quantity Unit Unit Price Cost 1 21" RCP 69 LF $ 40.00 $ 2,760A0 2 21" Headwall 1 EA $ 2,200.00 $ 25200000 Total $ 49960.00 The Goddard School 3hiver & Ray White Rds I F