HomeMy WebLinkAboutContract 37439COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, (Eagle Mounain Enterprises U. 1hereinafter called "Developer",
desires to make certain improvements to MATYAS'I'IK DAY CARE 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 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.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy.
Project Name — Matyastik Day Care 1
CFA Number — 2008-061 /DOE 5951
Date: Aug 1, 2008
C�F,l°ICIAL F�ECORD
CITY SECRETARY
�T. WORTH, TX
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 causes; 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 required to
Project Name — Matyastik Day Care 2
CFA Number — 2008-061 /DOE 5951
Date: Aug 1, 2008
construct current and future improvements provided for in this
agreement.
AMENDMENTS TO THE FOLLOWING
NECF_;SSARY PER PROJECT SPECIFICATIONS
SECTIONS AS
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 (B4) 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 Developers) 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 1
Be 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 1.
The estimated total cost of current improvements and related support
services specified in this agreement, including design, construction and
inspection is estimated to $27,876.92
fc3
Project Name — Matyastik Day Care
CFA Number — 2008-061 /DOE 5951
Date: Aug i, 2008
SUMMARY OF COST
Project Name Matyastik Day Care Addition
CFA 2008-061
DOE 5951
Item Developer
Cost
City Cost
Total Cost
A. Construction
1. Streets
2. Storm Drainage
$ 27,876.92
$ 27,876.92
3. Street Lights Inspection
4. Street Name Signs
5. Power Cost
B. Engineering Design
C. Construction Engineering
and Management by DOE 4%
$ 1,115.08
$ 11115,08
D. Materials Testing.b DOE 2%
$ 557.54
$ 557.54
TOTALS
$ 29,549054
$ -
$ 29,549054
$ 34,846.15 125% Financial Guarantee
Notes:
l .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
ill pay additional inspection fee over 4%.
inspection fees. The City w
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.
Project Name — Matyastik Day Care t}
CFA Number — 2008-061 /DOE 5951
Date: Aug 1, 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, and said Dev Loper has
executed this instrument in triplicate, at Fort Worth, Texas this the 1 'day of
520085
Approval Recommended:
ATTEST: ,
Marty Hendrix
City Secretary
Approved
Assl
ATTEST:
Fnrm
SUSAN LEE TEDDER
Notary Public, State of Texas
My Commission Expires
February 09, 2012
Project Name — Matyastik Day Care 5
CFA Number — 2008-061 /DOE 5951
Date: Aug 1, 2008
Transportation and Public Works
Cit of Fort Worth
(0:,,L
Fernando Costa
Assistant City Manager
DEVELOPER
Eagle M�tai�, 'ntetprises L,LC
Walter Ivlatyastik, Managing Member
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
a
Development and Construction
900 SW Alsbury Blvd
Burleson, Texas 76028
Phone (817) 7934288
Fax (817) 426-0840
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: Catherine Davidson
RE: CFA Request
Matyastik Day Care Addition
This is the Transmittal Letter for the Community Facilities Agreement for the above
listed location.
The project consists of both City of Fort Worth and the Texas Department of
Transportation. The portion that is situated in the TX Dot Right of Way will be permitted
and inspected by TX Dot. The portion that begins at the property line and continues to
the drainage channel falls within the scope of this CFA.
The total costs related to the City of Fort Worth are as follows:
Description Quantity Unit Price
33" RCP 286 Linear Feet $ 84.22
33" Type II Headwall 1 $33790900
As a result, the total amount of this CFA is $27,876.92
Sincerely, .
alter Matyastik
Totals
$24,086.92
$ 3,790.00
$27,876.92
ti
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT. Trinity Private Holdings LLC, acting by and through
the undersigned, its duly authorized agent, does hereby
adopt this plat odesignating the hereinabove described
real property as Lot 1, Block 1, Matyastik Day Care
Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, and does hereby dedicate to the public
use the streets and easements thereon except the
private easements shown thereon.
Witness my hand at Arlington, Tarrant County, Texas,
this the. day of _ 2008.
nature
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority, on this day
personally appeared Walter Matyastik known t� r,,o +., �_
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of W along the west line of
Service' Company Easement,
D4 feet to the POINT OF
taining 1.922 acres of land
s shall be issued for any IOt
until an appropriate CFA or
provisions are made for the
y applicable water, sewer,
lights, sidewalks, or paving
approval is first obtained
_
ort Worth.
impact Fees
r
north has an ordinance
assessment and collection of
ter impact fees. The total
s established on the filing date
ition, based upon Schedule I of
finance in effect as of the date
amount to be collected is
Schedule II of said ordinance,
%tive on the date a building
>r on the connection date to
r and/or wastewater system.
ENGINEER/SURVEYOR
John D. Zimmerman
908 W. Main St.
Arlington, Texas 76013
817-795-7880 fax
jdzperps®swbell.net
act and deed of said corporation.
GIVEN UNDER MY HAND ANV (SEAL OF OFFICE on
the_ . day of _,2008
r�� r) �� n Opp 4��
Notary Public ifr W IU for the state of Texas
My commission
`n Fgt Pp6C'� JOHN D. zIMMHMAN
Notary Public W19 Of TPW
y
tojd441 tm, fP,aiGt,,u� _� .SPlida,��, olatad 5 a
AN ADDITION TO
BEING
5;
FINA PLAT
MAZY : E D MON
THE. -,-CITY OF FORT WORTH, TA t AOr' eO
A 1.922 ACRE TRACT OF LAND LOCATED IN
THE G.B. STONE SURVEY, A-1401,
INSTRUMENT N0, D2074167480
DEED RECORDS, TARRANT COUNTY, TEXAS.
MAY 2008 j
4yI
S �
-s! TEXAS, j
UNTY
§E NUMBER:. FS-007