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HomeMy WebLinkAboutContract 5139 DEVELOP.ER 2 S A&REEMENT STATE OF TEXAS CITY SECRETARY COUNTY OF TARRANT CONTRACT No._01�201141 ikai Danviger Jewish T ComL=w-It__J y, Cente-r, a corporration WEEREAS — - of Tarrant County, xas, hereinafter called "Developer", desires to make certain improvements to a portion of tiqe Dain Darcis J-0. h Comaw-M M== -1 1 Center, a trant of an adjacent to Old Gran ury -1-3 --------------- IiLZVJ�U�T 'L-L to the City of Fort Worth, Texas, and, NFEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant County, Texas, hereinafter called "City", to do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL MEN BY VESE PRESENTS- That said Developer---Een herein b anid t aid h �' I. Eul dul +.°C'-i�- � and the City of Fort Worth, acting herein by and through V L. Brownlee, its duly authorized City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as follows, to-wit: SAN 17PRY SEA AG AC 1 L IT i ES A. The City agrees to install by contract or otherwise, in accordance with its accepted practices and the provisions of the City Charter, or tc allow developer to award a contract for, sanitary sewerage facilities to seal re the lots as shown on the attached Exhibit W s in accordance with plans and specifications to be prepared by the Engineering Division of the Water Department , Ba The City agrees to install , at develope- s expense, at the Brame all other sewers in this addition are installed, a service line for each lot as shown on the attached Exhibit I$*J_, said service line tG be installed in accordance with applicable plumbing ordinances and regulatiors of the City of Fort Worth. The estimated cost of these service lines is 4t YjgQq.................... City further agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possessicn. 0 The cost of the sanitary sewerage facilities tc be installed hereunde- is estimated to be act I ars exclusive of engineering and cost of service lines. if the developer does not award his own contract, the developer agrees to pay to the City prior to the award of the contract by the City, or to commencing of any work by the City or its contractors, a non-refundable payment equal to seventy-five (75%) per cent of the cost of the sanitary sewerage , ac hies to be constructed hereunder exclusive of engineering and cost of service lines, as reflected in an estimate prepared by the Engineering Division of the Water. Department or in the prop csal of the low bidder; plus an additional ten (10%) per cent of the total of the developer ' s cost of these sewerage Facilities, for engineering and miscellaneous costs; plus one hundred (100%) per cent of the cost of the service lines, estimated under 1 -B above in accordance w4h the provisicns of Ordinance #5102, D. Within a reasonable time after completion of the sanitary sewerage facilities to be constructed by the City hereunder and thein acceptance by the City Council , the City and developer agree to an adjustment of the developer ' s payment as set out in 1 so as tc conform said payment to actual construction costs and actual service costs under the provisions of Ordinance 4502, said adjustment 7s be calculated as the payment in 1 -C above, but based on actual quantitiew as reflected in the f;nal estimate paid to the contractor by the City, and'/or in the event any portion of the facilities are installed by City forces, on the actual records of cost, kept by the City as a part of its custo- mary procedures. in the e/ent the difference in the deposit and the actual costs exceeds $25.00 or one per cent, whickever is greater, developer agrees to pay to the City any underpaynent which said adjustment might indicate as be;ng due, and City agrees to refurd to deveMper any overpayment, said refund to be made only after all facilities requ; red unde- all sections of this agreement have been completed to the satisfaction of the City, It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. E. It is further agreed and understood by the Developer that the load to be imposed on this extension is to be restricted to one equivalent to the load from ten /|O\ residential living units until such time as the Hulen Street Sub=Maln is constructed and connection is made to the sanitary sewer to be built hereunder. F. The City agrees to enact an Ordinance requiring that any person/ firm, or developer desiring to connect to the sanitary sewer facilities to be constructed hereunder down stream from the Dan Danoiger Jewish Community Center/ all of which is considered to be an Approach Main' pay the City a connection charge equal to thirty-five and thirty-one one hundredths dollars /$35.31\. The City agrees, upon receipt of any connection charge or charges as stated abovex to pay same to Dan DancTgar Jewish Community Center., a Corporation, its heirs, or assigns within a reasonable period after completion of the installation for which the connection charge is made' except that under no circumstances shall any such refund payment be made by the City after twenty (20) years from the date of this contract, and further/ except that any such refund payment shall be payable by the City to one party, regardless of the number of heirs., assigns` or claimants the City agrees to make all reasonable effort to determine the proper recipient of any such refund payment, but shall not be held liable in the event heirs or assigns claim that any such refund payment is made to the wrong party. It is understood and agreed by the parties hereto that the amount which the City will refund under the terms of this paragraph F, Section l " shall not exceed twelve thousand forty-one and eighty-seven one hundredth dollars ($12,041,37) ; and further that any such refund payment by the City to the Dan DancYger Jewish Community Center under the terms of this contract shall be made only from charges collected by the City for connection to the sanitary sewer approach main to be constructed under this contract. It is further understood that no offsite connections will be permitted to the sewer to be constructed hereunder until such time as the Hulen Street Sub-Main is constructed and connection is made to the sanitary sewer to be built hereunder. RECOMMENDED: W. R. Hard y Direct- Water Department STULT LIGHTS DAN DANCIGER ADDT. BLK 1 1. City agrees to install or to cause to be installed, or the developer agrees tc cause to be installed, system using standards at the approximate locations shown on the attached plat marked Exhibit "C", said system to be installed in accordance with Plans and specifications to be prepared by the Traffic invineerinp Department. 2. The cost of said street liwhtinj system is estimated to be 3 210.00 — _plus 10% for engineering and miscellaneous costs). 3. in the event the City is to install or cause to be installed the street lighting system, developer hereby agrees to pay to the City an amount equal to the estimated cost as stated in Farawraph 2 above within 15 calendar days after being notified to do so in writing by the Director of the Traffic Engineering Department. Within a reasonable time after completion of the street lighting system, the City and developer hereby agree to adjust the developer' s payment so that it is equal to the final con- struction COSt Plus 10 per cent, provided the difference is in excess of 025.00; however, the City shall not make any such refund until all facilities required under all sections of this arreement have been comoleted to the satisfaction of the City. L . The City agrees to furnish all field enVineerinp and construction inspection of the street lighting system. 5. Developer agrees to furnish and'/or dedicate all necessary easements, an propert7 owned by the developer, required for installation of transformers, poles, ruys and overhead wiring. 6. In the event the developer employs his own contractor to install the street lighting system the conditions set out in Section !V, Paragraph 7 hereof shall arnly, in this event, developer agrees to pay to the City the deposit for engineering within 15 cal- endar days after being notified to do so in writing by the Director of Traffic Lngineering Department, and agrees to complete the installation of the street lighting system within 90 calendar days after having been instructed to do so in writing by the Director of the Traffic ingineerinp Department. 7. It is understood that the developer is expected to install street lip4ts according to its schedule for development, but that the developer agrees to install such street lights, or pay the City for such street lights, as the Director of the Traffic Engi- neering Department deems necessary for the proper and orderly development of the area. S. Developer agrees to furnish to the City, simultaneous with the execution of this con- tract by the developer, a "Ferformance Bond" for an amount eoual to the total estimntud cost, includins enpineering and Mscelianecus costs as stat-d in Fe -apraph 2 above, conditioned apon the satisfactory caRgliance bY the &wPIcror with all requirements of this contract nertainin; to street Mghtinp. nova" R. Buckman, Director Trnffin vrvirpprinv Pprt- A. GENIFAL MQUIREMENTS it is agreed and anderstood by the parties hereto that developer reserves the right to review plans and specifications to be prepared by City for the construction of any facilities and/or improvements to be constructed by said City or 08 contractor, and developer's contractor, wholly or partially at developeris expense, by a qualified Registered Professional Engineer, prior to the advert Aing for bids, and City hereby agrees to furnish one set of plans and specifications tz developer, at the office of the Public Works Directno Traffic Engineering Director, and/or Water Department Director for consideration and camments, and the City hereby agrees that the PubAc Norks Director, Traffic Engineering Director and/or Waty Department Director will review or cause to be reviewed such comments and/or suggestions and to consider and exaluate same at their respective merits, in the event the developer employs his own engineer to prepare plans and specifications for any or all facilities, the plans and specifica- tions so prepared 5hall be subject to approval by the department having jurisdiction and by the City Engineer, and two (2) sets of plans and specifi- cations for each facility shall be furnished the department having jurisdic- tion. it is agreed and understood that the decision of the Public Works Director, Traffic Engineering Director, and/or Witer Department Director will be final, It is further agreed and understood, by the parties hereto that title to all-I facilities and improvements mentioned hereinabove shall be vested at all times in the City- of Fort Worth, and developer hereby relinquishes arny right, title, or intere3t in and to said facilities or any part thereof. The life of this contract shall be five (5) years and it is understood that any obligation on the part of the City to caake any refunds hereunder shall cease upon the expiration of five (5) years from the date of execution of this contract. it is lunderstood by and between the parties hereto that any of the facilities or requirementn included herein to be performed by developer not camplated within the five (5) year period, may be completemd by the City at the developer's expense, and that no refunds due the developer on any faciAty construsted u der this agreement shall be made until all provisions of the agreement are fulfilled, D, This contract,, any part hereof, or any interest herein shail not be assigned by developer without written consent of the City Manager, and it is further agreed that auch wAtten consent will not be granted for the assignment, transfer, pledge, anA/ar conveyance of any refunds due or to become due to developer except that 5uch assignment, transfer, pledge and/or conveyance shall be for the full amount of the total of all such refun'ds due or to become due hereundep., F. The attached Exhibits are made a part hereof for all intents and purposes, !IT 1n13TDI110T1NJY1 IEEITW, the City of Fort Whrth has caused this instrument to be executed in quackup- licate in its name and on its behalf by its City Knager, attested by its City Secretary, with the corporate seal of the City affixed, and said deveAper has executed this instrument Ln,adruplicate, this the day ef_�_� ATTEST: CITY OF FORT WORTH, TEXAS R - An ateman, City Secretaxy rawnlee City Manager APPOVED AS TO FUNI AND IEGALITY: DETTIOPER: ---------- S. G. Johndroe, Jr., City Attorney } a ..__ •cri rg --'--"yam___ "�__=l—------- Zz lud b t . 4 ^F J(t(! 5 + LUG. mac" 2000 _ 0 4 ' �oll G m yf�p A gyp. 2� y '4\Cl � 4 4o / Ax L?ANCIGs)2 JJ �xrsrruc o _. �IcJk'wr.�rr L:r���rxrrrCtvr�! sarr..stw�,es -- ._.. .— t I