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.
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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:
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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:
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ATTEST:
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Transportation and Public Worlcs
Department
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Ro ert Goode, P. E.
Director
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City Foi Wort
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Marc Ott
Assistant City Manager
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Approved as to Form:
Assistant Ci Attorney
Stillwell Buildin�Systems, Inc.
ATTEST: DEVELOPER
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Gwen Wilde H.A. Stillwell
President
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EXHIBIT A
Cost of items on Citv Propertv are as follows•
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�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
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CONST. LONGiTUD1NA
SAWCU7 FULL DEPiH dc gUn ,}pINT.
REMOVE EX. CONC. CURB
& currER. _ _ _ _ _ _ EDERVILLE ROAD
PAGE 02
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GUARANTY BANK 4125 BROADWAY BLVD.
EASTCHASE ADD1710N B�y���p 7 S���E^25°
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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
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SCALE: 1 "=40'
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GUARANTY BANK
EASTCHASE ADDI110N
SIDEWALK PLAN
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SCALE: � � � 20,
REMOVE INLET TOP dt CONVERT
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INSTALL:
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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 �.
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