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Home My WebLink AboutContract 36712 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary r-� COUNTY OF TARRANT § Contract No. 1 WHEREAS, Larimar Development LP, hereinafter called "Developer", desires to make certain improvements to 1251 W. Magnolia Ave., 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. 1251 W. Magnolia Ave. 1 2008013 03-05- 02/26/2008 0 8 A 10:2 8 IN E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. 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 damazes are caused, in whole or in part, by the alleged negliyence 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). 1251 W. Magnolia Ave. 2 2008013 02/26/2008 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 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)Attached Storm Drain(B-1)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 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 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 Exhibit 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 8,175.59 1251 W. Magnolia Ave. 3 2008013 �vJc-.,- A, �e � 02i26i2008 Ciff 3!��RHAIRY SUMMARY OF COST 1251 W Magnolia Ave. Item Developer City Cost Total Cost Cost A. Construction $ - $ 1. Streets $7,712.82 7,712.82 2. Storm Drainage $0.00 $ - 3. Street Lights $0.00 $ - 4. Street Name Signs $0.00 $B. Engineering Design $C. Construction Engineering and Management by DOE $ $ 4% 308.51 308.51 D. Materials Testing by DOE $ $ 2% 154.26 154.26 TOTALS 8,175.59 $ - 8,175.59 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. 1251 W. Magnolia Ave. 4 2008013 '� �v�i,,l. '��pJ� 02/26/2008 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 City affixed, said Develo e executed this instrument in triplicate, at Fort Worth,Texas this the kJ" dly o 2008. Approval Recommended: Transportation and Public Works Department ert node, P. E. erector Cit �qffort�Worl� EN__"O M&C t. IQUWED gg Fernando Costa Acting Assistant City Manager ATTEST: Marty Hendrix City Secretary Approv as to Fo sistan it Attorney ATTEST: DEVELOPER evelopmen P By: Corporate Secretary Tom Reynolds, Man ging Partner 1251 W. Magnolia Ave. 5 2008013 02i26n008 INr W L PASO i i RIO GR DE p VICKERY BOULEVARD �OJy JARVIS i DAGGETT DAGGETT r W• BROADWAY a IF BRO DWAY m W K s s EULA a ¢ 0 u PET RS ITH , -r O G w =; a G G o f 0 TUCKER a. N P P rl�RIII msmm PENNMV 'ilA FIRM PRUI nM INSUMNCE SATE YAI m CANNON CANNON TARRANT COUNTY. c I TEXAS AR►AS AND COOPER LEUDA m rRRI B r u3�, TERRELL N p ILT z y PULASKI G' %LE STREET W ROS Y a IRWIN NUYIO /NWII%I LANIER I W C u REM. TOE ¢ , UGUGISI 1.on 1 a MAGNOLIA MA 00 /.►d��r.r..��Asrr Z N Z W 2 HARRISON -I ¢ o Z O a ' tOPERTY FEE ORP Y `^ 0 a = u DWAGE w a )UNDARY 3 MYRTL I INGRAM EDWIN = _ � =O = MAOOX IAADOX WEATERSEE tg w z LL O X N w PARK PLACE PARK 0 PEMBROKE •��` JE FERSON i J 0 �J+„ RICHMOND RICHr w '• 8AL1iMDRE ARLINGTON 0 A LINT WINDSOR —cg N S (7 J Q HUNTINGTON H WTHORNE < Ki" HA VTHO.NE �i ULAC HAWTHORNE ELL MTTCH LILAC W CITY OF FORT WORTH m WILSHIRE "}� '¢ POWELL Z � 480596 CARLOCK GlENCO ? N JESSAMINE t:ARLOCK A' MAP anlaac uAu A tuna �[R C MC*AAO1 Qfl 4j Rtlq a R f a7jjE�AS C[a COMMCavC M —� EAST 100.00, �Is�01 rwarc aasnl s ►Ilvarr COV�I wxwa Cobol ML�10 G 1251 A 1255 W.MAONOUA G In LOT I 0 LOT 16 i 0.115 ACRES c (5,000 SQUARE FEET) I c a ONE STORY BRICK BUILDING ME Of IU MNO WAIUS ARE ON PROPERTY UK I 1 a WEST 100.00 =Comm a COKllat aim a Pma a roa� 1 I 1 1 I I 1 I I G� ' LOT 15 �O I LOT 2 1 1 1 I I I I 11 1 i 1 I I I W I SURVEY • I VU.UV olvi 99.79 TOB 100.02 100-01 TB C 99.51 1�1 _ _ TQA100.0 99.86 FF ` 9°9. TOA a 9 00 0$ ea e ° • ° ° ° .a p ° " 100.15 • M o N G ) :55 A � Q Q 01 li ° • O .° 0 o 02 o I �A A ` .. w N 100.31 FF W-11 3/4. — — a a 1oo.a1 4 x °as 4° -.'. .28 TOA 100.26 99.66 4 ° • 4 _ 4 ^Os ae � 100.39 05 a ° • ° rr �°• �-�-- °° ° 04 Builders, Inc. �2?P 6 2116 Wenneca Avenue Fort Worth,Texas 76102-4324 817/336-1161 Fax: 817/336-1164 www.fpibuilders.com February 26,2008 Tom Reynolds c/o Reynolds Cattle Co. 307 W. Seventh Street, Suite 1716 Fort Worth, Texas 76102 Re: Magnolia & St"Avenue Fort Worth, Texas Dear Mr. Reynolds, We propose to provide labor, material and supervision to complete the following: • Demo existing concrete Add approx. 62 ft of curb Approx. 220 sq. ft parking area Asphalt patch to street $7,125.00 State Sales Tax: $ 587.82 Total Cost: $ 7,712.82 Thanks for the opportunity to bid this project. Sincerely, FPI BUILDERS, INC. SCoI`t�Su#'y- Scottie Sugg Project Manager SS:jmn Z:\Proposals\Scottie\2007\Tom Reynolds—Magnolia&51"Avenue