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HomeMy WebLinkAboutContract 31096COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS � City Secretary COLTNTY OF TARRANT § Contract No. � WHEREAS, Stillwell Buildin�ystems, Inc., hereinafter called "Developer", desires to malce certain improvements to Eastchase Addition Lot 3R-2, Blocic 5, 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 and Denton Counties, Te�as, hereinafter called "City", to do certain worlc in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and thi�ough H. A. Stillwell, its duly authorized President, and the City, acting herein by and through Marc Ott, 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. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, 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. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreeinent and the Policy shall be resolved in favoi� of this Agreement. C. Developer shall pi•ovide financial security in conformance with paragraph 6, Section II, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. ' =':»'=,t. �r���n�. ��i'�'�:.,�:'_� :x.�v�`:�:;,1G� CFA REVISED FORMAT WITH 4% 1 �y;�2'�> :���} �7;;�F.�,: ; �'� ;.;';;;^� �y� ir �II�p, i __. �� e_ `ci.�'i �I Ji; U 2s�i f � � 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 worlc to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the worlc, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, jvlaetltet• or n�ot scrclz isziuries, detctli of• �lt��i�t�es �re catcse�l, in lvliole or i�a ptaf�t, bv tlie alle�etl �ze�li,�eiice of tlae Citv of Fot�t Wortlt, its of�cers, servants, ot� 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 stoi�m drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). L 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 preliminai•y plans, specifications and cost estimates supplied by the Developer for this conti•act. K. Developer agrees to provide, at its eYpense, all necessary rights of way and easements across property owned by Developei• 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: � : 1 �•� � � CFA REVISED FORMAT WITH 4% 2 � ,, ��`� ��; �� 1�� �.�,�: ;`y � :n �i.r^,��1� c-(,��'„ S ,,I�o .•.���`:J.;�JO� II'�S4c E 4._-. --_.___�_. _._ _ _ _.__ . . � Water (A) None; Sewer (A-1) None; Paving (B) attached; Storm Drain (B- 1) attached; Street Lights and Signs (C) attached. IL 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 1, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fitnd its share of "current impi•ovements" 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, B 1, and C. The estimated total cost of cunent improvements and related support ser•vices specified in this agreement, including design, construction and inspection is estimated to $20,708.48 SUMMARY OF COST Eastchase Addition Lot 3R-2, Block 5 ltem Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $16,762.00 16,762.00 $ 2. Storm Draina e $3,150.00 3,150.00 3. Street Li hts $ - 4. Street Name Si ns $ - B. En ineerin Desi n $ - C. Construction Engineering $ - and Management by DOE $ $ (4% 796.48 796.48 $ $ TOTALS 20,708.48 $ - 20,708.48 CFA REVISED FORMAT WITH 4% 3 Notes: 1. All Preliminaiy Plats filed after July 2000 will require sidewallcs on all streets. The developer is responsible for installation of sidewallc and a separate financial guarantee is required in the form of a bond or check for the cost of the sidewallc. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees and materials testing. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 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 coiporate seal of the City affixed, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the 15�' day of November, 2004. Approval Recommended: ��lV�- I�U - Gc�a��r�c��- Aui�ho��_��.a�.a.c�,t ATTEST: �� _�� fc}�r � ri�� �( ,�t'�,-�OIY'� CFA REVISED FORMAT WITH 4% 4 Transportation and Public Worlcs Department , ;;,.�,i � � Ro ert Goode, P. E. Director �� City Foi Wort � - Marc Ott Assistant City Manager . �:ECEi�_��] � -. ., �� - � .�!' . .I�1'� ' , ,: ;. l i.S�� ' � , ��y�r� ��;,�"i ;'S'�''�%�� I;;• '`� tl �5��=';.0 !'1� i �U� `;,��`;������'� ���a,� � 3.... �_,.s...�_.....�.._` Approved as to Form: Assistant Ci Attorney Stillwell Buildin�Systems, Inc. ATTEST: DEVELOPER � - � ��� � � �...G�L' B �������-�-�-P ��; � � y. Gwen Wilde H.A. Stillwell President CFA REVISED FOR_MAT WITH 4% ' �u J J � � ;;— � � ��V��✓ v i 1 ' tii:',� f''='!�l':['i';'',; 1 ��� � �' �! �'�,� 4<<r. �!.,,1!,��'� I �� � i. ij �i i1''„ �' � ��_ 1 d..�. ��! !`l1 l �.G+ ° � 9 OB-30-04 03:04am From-Gu�r�ntr B�nk CRES 214-360-1890 T-532 P.006/008 F-B32 09/30/ OOA 1J:'L4 N 6 2 4�4 Jlun � minn van �rc,o AUJ1L� + �w ��. � "� � �; D I m � � , � Z I �� Y n n -i � � � � r z .a n � 0 � � � a N � � � O _ Z r�*1 x A � EXHIBIT A Cost of items on Citv Propertv are as follows• � �Paving: IWater: �Storm Sewer IPublic Storm Description approaches: sidewalks: 12X6Tap 10' of C900 Add Fire Hudrant Bond for public water Rework Existing Inlet Connect to Existing Inlet 21" RCP Add New Inlet Bond Size Unit Cost Cost 1084 SF $ 6.96 $ 1675 SF $ 5.50 $ 1 EA $ 3,495.00 $ 42.85/ ft $ 42.85 $ 1 EA $ 2,150.00 $ Add 3% $ 64.50 $ 1 EA $ 3,150.00 $ 21 $ 950.00 $ 18' $ 68.00 $ 1 EA $ 3,150.00 $ Add 3% $ 94.50 $ 7,550.00 9,212.00 3,495.00 428.50 2,150.00 64.50 3,150.00 950.00 1,228.00 3,150.00 94.50 10/05/2004 14:18 sc � 972-240-0922 BENTLEY ENGINEERING » 3 ��� MATCH EX. GRADE. CONST. LONGiTUD1NA SAWCU7 FULL DEPiH dc gUn ,}pINT. REMOVE EX. CONC. CURB & currER. _ _ _ _ _ _ EDERVILLE ROAD PAGE 02 � �ti SCALE: 1" = 20' � ..., ,_ . _. .. --- - - SCALE: 1"=20' DATE: 10/05/04 SHEET: 1� GUARANTY BANK 4125 BROADWAY BLVD. EASTCHASE ADD1710N B�y���p 7 S���E^25° 11 �� / GARLAND, TEXAS 750�3 DRIVEWAY PLAN „ PH.972.2�O.�EY1 FAX.972.240.0922 FNGINEERING, INC � 10/05/2004 14:18 972-240-0922 BENTLEY ENGINEERING PAGE 03 �:.:� � SCALE: 1 "=40' u 0' GUARANTY BANK EASTCHASE ADDI110N SIDEWALK PLAN tio �P�, i ti �� � ° � SCALE: 1" = 40� c�. a sa ��n rxT.�� � oc. e� � � �.�� ,�-r a��r r�Y�� DATE: 10/OS/04 SHEET: 2 Bentle ,125lAOADWAYBLVD. y S��TE ��50 GARtANO,TEXA5750�3 PM.972_2t0.I821 FAX.972.210.0942 E N G 1 N E E Il I N G, I N C. 10/05/2004 14:18 972-240-0922 0 UGHT POLE BENTLEY ENGINEERING �\� � l� II II II �I �I I� �I I � z�. � Lx� � �c� �srA�t ,s � . r F 21 RCP ( � � 1.0� ( I ( � � � CONST. 10' � CURB INIFT � � TC 527.22 Fl. 523.72 f I �� Q Ij � �I Y !I � �I Q �f � ��I I�I V� I "'I QT IW� ..i� � � V/ � I W �� I N s f r m � r � PAGE 04 �^ 7p� ti SCALE: � � � 20, REMOVE INLET TOP dt CONVERT TO JUNCTION BOX INSTALL: 1_12"x6" TAPPING 5LEEVE 1-6" VALVE 1— F.H. _ TO SCALE: 1"=20' DATE: 10/OS/04 SHEET: 3 GUARANTY BANK �125 BROADWAY DLVD. EASTCHASE ADDITION R p��l p� SUITE A250 GARUND, TEXAS 750I3 1J� 1V FAX 972?2�10 0922 STORM SEWER MODIFICATIONS E N G I P7 E E R I N G, � N �. ;��'��:,:;::�:.,:; _. �