HomeMy WebLinkAboutContract 33885 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
32ED--
WHEREAS, Landmark Loop 820 LTD. hereinafter called "Developer",
desires to make certain improvements to Landmark Lakes Lots 7, 8 and 9, Block 2,
Caleb's Mountain Addition , 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 terns 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.
CITY W`712ETRY
1 FTFT. R WORTH, 0114
F. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, 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
damages are caused, in whole or in part, by the alleged negligence 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 104.100, 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 ren i; ed to
OFFICIAL RON
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2 FT. MONTH, M.
construct current and future improvements provided for in this
agreement.
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)None; Storm
Drain(B-1) Attached; 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 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
Exhibit B 1.
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 l.
The estimated total cost of current improvements and related support
services specified in this agreement, including design, construction and
inspection is estimated to $59,905.90.
OFFICIAI RON
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SUMMARY OF
COST
Landmark Lakes
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $0.00 $ -
2. Storm Drainage $56,515.00 56,515.00
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 2,260.60 2,260.60
D. Materials Testing by DOE $ $
2% 1,130.30 1,130.30
TOTALS 59,905.90 $ - 59,905.90
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2. Developer's column for Item C represents four percent (4%) 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.
CITY W`7EYHY
4 FT. `:"o-Ni �, Ta.
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 City affixed, and said Developer h
executed this instrument in triplicate,at Fort Worth,Texas this the 918'day of
A-
92006. RECEIVED
MAY 0 3 20M
Approval Recommended:
Transportation and Public Works
Department
Robert Goode,P. E.
Director
City Fo Wo h
NO M&C REQUIRED
Marc Ott
Assistant City Manager
ATTEST:
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Maty Hendrix
City Secretary
Approve as to Form:
sist Attorney
ATTEST: DEVELOPER
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By: 0-k--
Corporate Secretary William E, Stnnaker
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5
Community Facilities Agreement
for
Landmark Lakes Phase II
February 24, 2006
Description Quantity Unit Unit Price Total
Exhibit B-1 *Storm Drain
A. 30" Reinforced Concrete Pie 475 L.F. $ 52.00 $ 24,700.00
B. 36" Reinforced Concrete Pie 288 Ea. $ 64.00 $ 18,432.00
C. 21" Reinforced Concrete Pie 20 Ea. $ 40.00 $ 800.00
D. Storm MH 4') 1 Ea. $ 2,500.00 $ 2,500.00
E. Storm MH 5' 1 Ea. $ 3,300.00 $ 3,300.00
F. Drop Inlet 5'x5' 1 Ea. $ 3,500.00 $ 3,500.00
G. 30" Headwall 1 Ea. $ 2,500.00 $ 2,500.00
H. Trench Safety 783 L.F. $ 1.00 $ 783.00
Subtotal $ 56,515.00
2% Materials Testing Fee $ 1,130.30
4% Inspection Fee $ 2,260.60
Total $ 58,775.60
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FEB 2006
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Dwg. File 25940CFAl.dw 1760 SLEEPY HOLLOW TRAIL
Project No. : 25940.01 20 SOUTHLAKE, TX 76092 1 FORT WORTH, TARRANT COUNTY, TEXAS 2
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Drawn W.A.I. .-M TARRANT COUNTY, TEXAS LHNn1tDI LAKES 2
Dwg. File 25940CFAI.dwg WILSON & STEONAKER, LLC. OF
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Project No. 25940.01 20 SOUTHLAKE, TX 76092 FORT WORTH, TARRANT COUNTY, TEXAS 2