HomeMy WebLinkAboutContract 6068 COMMUNITY FACILITIES AGREEMENT
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STATE OF TEAS
COUNTY OF TARRANT
WHEREAS, Leon Theatres, a partnership of Taylor County ,
Texas, hereinafter called "Developer", desires to make certain improvements
to a portion of Block 1, Southside Twin Addition to the City of Fort Worth,
Texas, ,aAd,
WHEREAS, the said Developer has requested the City of Fort
Worth, a municipal corporation of Tarrant County, Texas , hereinafter called
"City", to. do certain work in connection with said improvements; NOW,
THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That said Developer Leon Theatres, acting herein by and
through J. E. McQuaid, its duly authorized partner, and the City of Fort
Worth, acting herein by and through 11. D. McMahan, its duly authorized City
Manager, for and in consideration of the covenants and agreements herein per :
formed and to be performed, do hereby covenant and agree as follows , to wit:
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WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install by contract or otherwise, in accordance with its
accepted practices, ordinances, regulations, and the provisions of the City
Charter, or to allow the Developer to award a contract forf
WATER FACILITIES to serve the lots as shown on the attached Exhibit B .
and SANITARY SEWER FACILITIES to servo the lots as shown on the attached
Exhibit B all ;n accordance w[th plans and specifications to be
prepared by the Engineering Division of the Water Dapartment/ or by private
engineers employed by the Developer and approved by the Water Department .
B. The City agrees to install , at Developer ' s expense, at the time all other
water mains in this addition are installed, a service line for each lot as
shown on the attached Exhibit B . The estimated cost of these service
lines is $ 150~00 — 1. Tho City agrees to record the location of each said
service line in respect to the corner of the lot served, and to retain said
records in its possession.
C. The construction cost of the water facilities sized to serve the development
herein concerned' exclusive of service lines and engineering is estimated
to be Fifteen Hundred Sixty-five Dollars ( 1,565-00
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D. The City agrees to insLa| )v at Developer ' s expense, at the time all other
sanitary sewer mains in this addition are insta/ led' a service line for each
lot as shown on the attached Exhibit __-__ . The estimated cost of these
service lines is $ Not Included The City agrees to record the location of
each said service line in respect to the corner of the lot served, and to
retain said records in its possession,
E. The cost of the sanitary sewer facilities to be installed hereunder, exclusive
of service lines and engineering, is estimated to be
None required Dollars~ ` ' .
F. Prior to -the award of the construction contract by the City, or the commencing
of any work by the City or its contractors/ if the Developer does not award his
own contract, the Developer agrees to pay to the City'
U\ Eighty (BO) per cent of the cost of the water facilities
sized to servo the development herein concerned, and
eighty (80) per cent of the cost of the sanitary sewer
facilities to be constructed hereunder, both costs
being exclusive of engineering and cost of service lines'
as reflected in an estimate prepared by the Engineering
Division of the Water Department or in the proposal of
the low bidder.
(2) An additional ten AO\ per cent of the total of the
Developer ' s cost of these water and sanitary sewer
facilities, exclusive of cost of service lines, for
design engineering, if such engineering is preformed
by the City. This charge will be waived if private
engineers employed by the Developer and approved by
the Water Department Perform the design engineering.
Block |» 3outhside Twin Addition
(6200 Block Old Hemphill Street)
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(3) One Hundred ()OO) per cent of the cost of all service
lines, estimated under l -B and l -D above, in accordance
with the provisions of the current Fort Worth City Code.
G. The distribution of estimated construction cost between the City and the
Developer as per paragraph | -F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows-
Water Facilities,
Estimated
Estimated Developer Total
" ity Cost Cost Cost
(a) Mains 44
(b) Services -0- 150-00 } O
Sub-Totals, Water 44
(2) Sanitary Sewer Fac| l it ios: (NONE INCLUDED)
(a) Mains
(b) Services
Sub-Totals, Sewer
Grand Totals 44 8
� This includes a ten per cent engineering design charge» since plans for this
work were prepared by the Water Department Engineering Division.
H. Within a reasonable time after completion of the above referenced facilities to
be constructed by the City or by contract awarded by the City, and their accept-
ance by the City Council, the City and Developer agree to an adjustment of the
Developer ' s payment as sot out in |-F and 2-G here|nabove^ so as to conform
said payment to actual construct /on costs and actual service costs under the
provisions of the current Fort Worth City Code, (said adjustment to be calculated
as the payment in | -F and/or 2-G above) , but based on actual quantities as re-
flected in the final estimate paid to the contractor by the City, and/or in the
event any portion of the facilities are installed by City forces, on the actual
records of cost, kept by the City as a part of its customary procedures. In the
event the difference in the deposit and the actual costs exceeds $25.00, Developer
agrees to pay to the City any underpayment which said adjustment might indicate
as being due, and City agrees to refund to Developer any overpayment, said re-
Block lx Southsi6e Twin Addition
(6200 Block Old Hemphill Street)
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fund to be made only after all facilities required under all sections of this
agreement have been completed to the satisfaction of the City.
It is further agreed and understood that any additional payment required of
Developer is to cover only such additional work and/or materials as may be
made necessary by conditions encountered during construction, and shall not
include any change in scope of the project.
RECOMMENDED: �
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W.-R, Hardy, Director, Watili Department
Date:
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Block |, Smuthsi6a Twin Addition
/6200 Block 076 Hemphill Street)
B. SMET IMPROVEMENTS:
No street improvements required under this contract.
RECObMNDED. %
PuBuc o b 5 h
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BY CHIEF Efvy.,, E� ... fi G
JACK M. GRAHAM, P.E., PUBLIC WORKS DIRECTOR
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III
STREET LIGHTS
SQV=IDK MW ADDITION,, BLOCK 1
No street lights will be required in this contract.
There is not an intersection of public streets involved
and only approxi tely 200 feet of frontage on Hemphill
Street (not a major thoroughfare at this location)
T. R. Buckman, Traffic Engineering D for
IV.
GENERAL REQUIREHENTS
A, It is agreed and uaderstood by the parties hereto that the developer shall
employ a civil engineer , licensed to practice in the State of Texas, for
the design and preparation of plans and specifications for the construction
of all facilities covered by this contract, subject to paragraph B.
& For any project estimated to cost less than $6,000, or for any project
designed to serve a single lot or tract, the developer may at his option
request the City to provide the design engineering, in which event the de-
veloper shall pay to the City an amount equal to 10 per cent of the final
construction cost of such project..
C. In the event the developer employs his own engineer to prepare plans and
specificattons for any or all facilities, the plans and specifications so
prepared sball be subject to approval by the department having jurisdiction.
One (1) reproducible set of plans with 15 prints and 35 specifications for
each facility shall be furnished the department having jurisdiction, It is
agreed and understood that the decision of the Public Works Director, Traffic
Engineering Director, and/or Water Department Director will be final.
D. It is further agreed and understood by the parties hereto that title to all
facilities and improvements mentioned beretnabove shall be vested at all times
in the City of Fort, Worth, and developer hereby relinquishes any right, title,
or interest in and to said facilities or any part thereof.
0 The life of this contract shall be five (5) years and it is understood that
any obligation or the part of the City to make any refunds hereunder shall
cease upon the expiration of Me (5) years from the date of execution of this
contract. it is understood by and between the parties hereto that any of the
facilities or requirements included herein to be performed by developer not
completed within the five (5) years period, may be completed by the City at the
developer 's expense, and that no refunds due the developer on any facility con-
Aructed under this agreement shall be made until all provisions of the agree-
ment are fulfilled,
F. Performance bonds, or a cash deposit in lieu of and in like amount of the per-
formance bonds, are required for streets, storm drainage and street lights, and
must be submitted prior to the execution of the contract for installation of
community facilities by the City„ The bonds shall be standard performance bonds
as provided by a licensed surety company on forms provided by that surety com-
pany. A cash deposit in Lieu of the performance bonds may be made in the
Treasury of the City of Fort Worth or in any financial institution in Fort Worth
which is insured by the Federal Deposit Insurance Corporation or the Federal
Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay in-
terest on any deposit made hereunder in the Treasury of the City of Fort Worth.
When the option is exercised to make the cash deposit in a financial institu-
tion, the following terms and conditions shall apply:
(1) The developer shall execute four copies of a letter assigning the deposit
to the City of Fort Worth and providing for the City to withdraw the de-
posit if necessary to complete construction. Such, letter of assignment
must be accepted in writing by the financial inatitution.
(2) 7Jpc,,)n sat!,isfactory co�npletion of the facilities for which the deposit is
made as sec,tirity, the City of Fort Worth shall reassign the deposit to
the developer, including accrued interest or dividends thereon, upon
express order of the City Manager.
(3) Deposits may be made 1,n any Fort Worth financial institution whose ac-
counts are insured by the Federal. "Deposit 'Insurance Corporation or the
Federal, Savtngs & Loan Insurance Corporation.
Bonds or Cash Deposits will, be furnished for
(a) 1.00 per cent of the estimated developers share of the cost of the
storm drains.
(b) 20 per cent of the estimated developer cost of streets for amounts
between $0 and $25,000 or
$5,000.00 plus 15'/,, of the estimated developer costs for amounts
between $25,001 and $50,000 or
$8,750 plus 10% of the estimated developers cost for amounts be-
tween $50,001.00 and $100,000.00 or
$13,750.00 plus 5% of the estimated developers cost for amounts
over $1,00,000.00.
(c) 1,00 per cent, of the developer 's share of the cost of the street
lights as specified in Section 3 of the contract.
(d) A cash payment of the developer's share of the project cost is re-
qtAred prior to initiation of construction for water and sanitary
sewer facilities.
G. This contract., any part hereof, or any interest herein shall not be assigned
by developer without written consent of the City Manager, and it is further
agreed that such written consent will not be granted for the assignment,
transfer , pledge and/or conveyance of any refunds due or to become due to
developer, except that such asstgnment, transfer, pledge and/or conveyance
shall be for the full. amount of the total of all such refunds due or to be-
come due hereunder.
B. On all. facilities included in this agreement for which the developer awards his
own construction contract, the developer agrees to follow the following pro-
cedures, none of which apply to street improvements except Number 7 :
(1) To employ a construction contractor who is approved by the Director of
the department having jurisdiction over the facility to be so constructed,
said contractor to meet City 's requirements for being licensed and bonded
to do work in public streets.
(2) To reqixi,re the contractor to furnish to the developer a performance bond
in the name of the developer for 100 per cent of the contract price of
the facility, said performance bond to be furnished before work is com-
menced.
(3) To give 24-hours notice to the department having jurisdiction of intent to
conunence construction of the facility so that inspection personnel will be
available; and to require the contractor to allow the constructi.on to be
subject to inspection at any and all times by City inspection forces, and
not to install any sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed,
and to make such. laboratory tests of materials being used as may be re-
quired by the City.
(4) To secure approval by the Director of the department having jurisdiction
of any and al.l. partial, and final payments to the contractor, said approval
is made, in accordance with requirements of this agreement, and is not to
constitute approval. of the quantities on which payment is based ,
(5) To require the contractor to furnish to the City, prior to making the final
payment, a written one-year guarantee against defects in materials and/or
workmanship of faciJities so constructed.
(6) To delay, connections of buildings to service lines of sewer and water mains
until said sewer and water mains and service lines have been completed to
the satisfaction of the Water Department.
(7) Developer further covenants and agrees to and by these presents does here-
by fully indemnify and hold harmless the City, its officers, agents and
employees from all. suits, actions or claims of any character, whether
real a-.,)r asserted brought for or on. account of any injuries or damages
sustained by any person or to any property, resulting from the construc-
tion, performance or to be performed by said developer, its contractors,
agents, or employees or in consequences of any failure to properly safe-
guard the work, or on account of any act, intentional or otherwise,
neglect or misconduct of said developer, its contractors, sub-contractors,
agents or employees.
L. The attached Exhibits A and B are made a part hereof
for all intents and purposes.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this
instrument to be executed in quintuplicate in its name and on its behalf by its
City Manager, attested by its City Secretary, with the corporate seal of the
City affixed, and say d�eveloper has executed th�.,;,B instrument in quadruplicate,
this the day of 1.9
ATTEST: CITY OF FORT WORTH, TEXAS
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11 n-Jy ffBateman, City Secretary H. D. McMahan, City Manager
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APPROVED AS TO FORM AND LEGALITY, DEVELOPER- Leon Theatres
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'Pee,
S. -i—. McQ' id, f-a—rtn-r
G. Johndroe, Jr. , City Attorney ua e
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APPENDIX '�&"
SUMMARY
Cost Estimates for 3OUT8CIDE TWIN ADDIIION
_
Pcrfoonancc
Developer 's city's Total Bonds
Construction Construction Construction Deposit C D . 's or
Section Coa� Cost Cost Required Dacrow
---- ----- ------'
Section I
Water $1 ,527 ¢344 $1 ,871 $1,527 � -O-
Sewer -O- -O- -O- -O- � -0-
Section II
Storm Drains -0- -O- -O- -0- * -O-
Street Paving
Interior Streets -U- -O- -O- -0- -O-
Assessments -O- -O- -O- -0- (Bonds
(Border Streets) unacceptable)
Section III
Street L1ubto -0- -O- -O- -O-
TOTALS
� After receipt of bids and prior to contract award
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No cash requirement when developer awards contract, required when City
awards contract (
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Prior to construction
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' AREA TO BE
139P 09 10
DEVELOPED'-----,,,\
9+00
---Z—SURVEY BASELINE
7+00
EXISTING CHANNEL GENERAL LOCATION OF
TIE TO EXISTING SEWER
-PROPOSED NORTH LINE.
75 EASEMENT LINE
PROPOSED CHANNEL
54-M
PROPOSED SOUTH
FLOOD LINE it PROPOSED NORTH FLOOD LINE
PROPOSED SOUTH
EASEMENT LINE
3+00
O
CO i
1+00
CC ENTRANCE TO DEVELOPMENT TO
HAVE LIGHTED ENTRANCE AND
EXIT LANES AS WELL AS OTHER
MARQUEE LIGHTS TO SERVE AS
ADEQUATE STREET LIGHT
GENERAL LJDCATION OF
EXHIBIT A SH. I of 2 EXISTING WATER MAIN.
EXHIBIT B SH. I of 1 (1200 FEET FROM PROPERTY)
EXHIBIT C SH, I of I
6200 OLD HEMPHILL STREET
J.H. STRAWN PROPERTY
R S WOODRUFF& ASSOC INC 5-68
ScAl.c i'•goo*
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AREA TO BE
DEVELOPED
9+00
URVEY BASELINE
_) 7+00
EXISTING CHANNEL t GE�FnaL .00ATI'ON OF
' TIE TO EXISTING SEWER
PROPOSED NORTH BANK LINE.
PROPOSED CHANNEL `
5+00
PROPOSED SOUTH BANK'` !/'� ( tab r
x+00
f.
N�tip �
1+00
ENTRANCE TO DEVELOPMENT TO
HAVE LIGHTED ENTRANCE AND
NOTE: EXIT LANES AS WELL AS OTHER
Aeae T P Avo !HATE' MErre i✓ic.L de MARQUEE LIGHTS TO SERVE AS
LocArw Ar Me END Or rE AQ0P. ADEQUATE STREET LIGHT.
6", 44me IWQl v ExrcwsioN
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GENERAL LOCATION OF IGO fkOP 6'I7A/N
EXHIBIT A SH. I of 2 EXISTING WATER MAIN. s*,b,,
02OO FEET FROM PROPERTY)
V,EXH IBIT(B 'SH. I of `�-•�.,,
EXHIBIT C SH. I of 1,
6200 OLD HEMPHILL STREET
J.H. STRAWN PROPERTY
R $ WOODRUFF a ASSOC INC 4•G8
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SCALC 1«w. too* ,n „
City of Fort Worth, Texas
Mayor and Council Commumication
anAT REFER.E�NCE O'J EICT. Contract for tallation PAGE
MO Coiimunity Facilities, a Portion of 2
7/15/68 C-1270 0 1 of
JBU!ock lt Southside Twin Addition
Leon The atres acting by and through J. E. McQuaid, its duly authorized
partner, the developer of Block 1, Southaide Twin Addition, has executed
a proposed contract foir tbe installation of community facilities to serve
the area shown on the atta6hed maps.,
The estimated cost of the community facilities is as follows:
Developer V�Kt Total
Water $1,527 $344 $1,871
Water facilities have been installed in accordance with standard policies
for the installation of community facilities under an interim agreement.
Standard policies for storm drains require the owner to improve the proposed
drainage channel adjacent to this property. However, the consulting engineers
for the developer have made a study of the drainage run-off and do not recom-
mend that the channel be lined with concrete. Th e Public Works Department has
checked the work of the consultant and in view of the size of this channel
and the rocky nature of the banks whidh are resistant to erosion, concux with
the findings of the consulting engineers and recommend that the channel not be
lined as required by policy.
In order to protect the City from any lidbility or expense in connection with
the variance from standard policy, the developer agrees:
1) That the City of Fort Worth is absolved and relieved of the
obligation or responsibility of protecting the banks of said
channel from erosion or keeping said channel free of trash,
debris , and water accumulation;
2) That in the event the sUbject tract is subdivided into smaller
parcels, it is understood and agreed that the requirements of
the City of Fort Worth pertaining to the treatment of said channel,
shall be subject to review by the City of Fort Worth at its option;
3) That in the event the subject channel is lined, being judged
necessary by the Director of Public Works of the City of Fort
Worth, the owner of said property shall pay his proportional
share of the total canstruction cost as established in the
standard policies, for comiunity facilities installation,
as That the agreements and covenants contained herein are of the
nature of covenants running with the land and shall be binding
upon the present owners and sibsequent owners of the subject
tract.
DATE REFERENCE SUBJECT, Contract for the Installation. PAGE
NUMBER of Community Facilities, a Partion of 2
7/15/68 G-12710 I �"� e, Twin Addition
It is recommended that the above agreements be made a part of the record of
deed to the above property when said deed is recorded in the Deed Records
of Tarrant County, Texas. In the event suich recording is not made, the
the above describ ed. exceptioas to the standard City policy would be vol,d.
Inasmuch as the development is to be under one ownership and the only
buildings to be constructed are for a drive-in theatre, and the City is
relieved of all Obligations and responsibilities !in regard to the channel;
the staff as no objections to the 'variance from the standard policy in
regard, to concrete lined Channels.
Reco=ftendation
It is recomended that the City Manager be authorized to execute the
community facilities contract with Leon Theatres with a variance from the
standard policies on storm drainage as outlined above.
fat.'Ma
At t a clis
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SUBWTTED BY: DISPOSITION BY COUNCIL PROCESSED BY
[J APPROVED 0 OTHER (DESCRIBE)
CITY' SECRETARY
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CITY MANAGER