HomeMy WebLinkAboutContract 37801COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No, 31
WHEREAS, Sovereign Bank hereinafter called "Developer", desires to make
certain improvements to Sovereign Bank situated in KM Van Zandts 2°a Addition, Lot
i 8R, Blk 10, 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 —Sovereign Bank @ W 7th
CFA Number-2008034; DOE 6037
cIrY sECR�TA�r
FT. WORT", TX
12008
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The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the
Policy.
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.
Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
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).
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).
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.
Developer agrees to provide, at its expense, all necessary rights of way
and easements across property owned by Developer required to
Project Name — Sovereign Bank @ W 7th 2 Date — Oct 1, 2008
'FA Number — 2008034; DOE 6037
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 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.
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. The
estimated total cost of current improvements and related support services
specified in this agreement, including design, construction and inspection
is estimated to $ 26,639.92
Project Name — Sovereign Bank @ W 7th j
CFA Number-2008034; DOE6037
Date —Oct 1, 2008
Project Name Sovereign Bank
CFA 2008-034
DOE 6037
Item
Developer
Cost
City Cost
Total Cost
A.
Construction
1. Streets
$
25,132,00
$
25,132.00
2, Storm Drainage
3. Street Lights
4. Street Name Signs
B.
Engineering Design
C. Construction Engineering
and Management by DOE 4%
$
11005,28
$
11005,28
D.
Materials Testing by DOE (2%)
$
502.64
$
502.64
TOTALS
$
26,639,92
$
26,639,92
$ 31,415.00 125% Cash or Letter of Credit
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.
Project Name —Sovereign Bank @ W 7th 4
CFA Number — 2008034; DOE 6037
Date —Oct 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 Developer has
executed this instrument in triplicate, at Fort Worth, Texas this the q day of ti
2008.
Approval Recommended:
ATTEST:
A
MaVy Hendrix
City Secretary
Approve�a� to Form:
As`sistant�ty,�ttorney
ATTEST:
Corporate Secretary
Project Name —Sovereign Bank @ W 7th
CFA Number-2008034; DOE 6037
5
Transportation and Public Worlcs
Cit of Fort Worth //
Fernando Costa
Assistant City Manager
DEVELOPER:
Sovereign Bank
17950 Preston Rd, Suite 500
Dallas, TX 75252
By:
Roy JFiS�lley, CE
JV EREIGN, 15AN K
Corporate Certification
To Whom It May Concern:
As Corporate Secretary for Sovereign :Ban.%,. I, R. Michael Russell, hereby certify that
toy,J. Salley is Chairman of the Board of the Bank.
Per the Bank's bylaws:
8.2 Fxecuivn of Instyirments: All agreements, indentures; mortgages, deeds,
conveyances, transfers, certificates, declarations, receipts, discharges, releases,
satisfactions, settlements, petitionsi schedules, accounts, affidavits, bonds,
undertakings, proxies and other instruments or documents may be signed, executed,
acknowledged, verified, delivered or accepted on behalf of the Bank by the
chairperson of the Board, or the president, or any vice president, or the secretary,
or the cashier, or, if in connection with exercise of fiduciary powers of the company,
by any of those officers or by any trust officer. Any such instruments may also be
executed, acknowledged, verified, delivered, or accepted on behalf of the Bank in
such other manner and by such other officers as the Board may from time to time
direct. The provisions of this Section 8.2 are supplementary to any other provision
of these Bylaws.
Sincerely,
Aj,y./
R. Michael. Russell
Secretary and CFO
Go�orate Sea]
17g50 Preston Road Suite 500 Da(las. Texas 7525.2 ph. 214:2A2:1900 www.hank:��vereir�n.c.nm
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Opinion of Probale Cost
DATE: 9/2/2008 JOB NO.: 2008.112*000
OWNER: SOVEREIGN BANK
PROJECT: SOVEREIGN BANK: EXHIBIT B - STREETS
PREPARED: TS CHECKED BY: SHEET NO.: 2
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
U;Finton of Pro a le Cost
DATE: 7/28/2008 BHB JOB NO.: 2008.1 12.000
owNER: SOVEREIGN BANK
PROJECT: SOVEREIGN BANK
Project
Components
Consultant's Engineers
Opinion of Probable
City Participation
Anticipated?
Water
$0.00
N
Sewer
$0.00
N
Paving & Drainage
$25,132.00
N
Total
$25,132.00