HomeMy WebLinkAboutContract 29210 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary rr COUNTY OF TARRANT § Contract Nok>/Q
WHEREAS, Columbus Trail-94, Ltd., hereinafter called "Developer", desires to
make certain improvements to Summer Creek Business Park, 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 and Denton Counties, Texas,. hereinafter called "City", to do
certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Tim Fleet, its duly authorized
President, and the City, acting herein by and through Marc Ott, its duly authorized
Assistant City Manager, for and in consideration of the covenants and conditions
contained herein, 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, is
hereby incorporated into this Community Facilities Contract as if copy
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 Il, of the Policy.
D. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy.
E. The contracts for the construction of the public infrastructure shall be
a o1r4 t
administered in conformance with paragraph 8, Section 11, of didj4
Summer Creek Business Park
Revised Form per Legal 2/21/03
F. 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.
G. Developer shall install or adjust all of the required utilities to serve the
development or to construct the improvements required herein.
H. 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).
I. 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.
J. 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.
K. Developer agrees to construct proposed improvements as shown on the
exhibits attached hereto. The following exhibits are made a part hereof:
Water (A)attached ; Sewer (A-1)attached ; Paving (B) Storm Drain
(B-1) ; Street Lights and Signs (C).
Summer Creek Business Park
Revised Form per Legal 2/21/03
U. Water and Sewer Facilities
A. Developer shall install the proposed water line(s), fire line(s) and/or
meters as shown on Exhibit A, the estimated cost of which is $25,683.
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.
The Developer and the City shall share in the cost of the water
improvements as follows:
WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 14,390 $ 11,293 S 25,683
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service/Fire Line $ $ -0- $
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Water $ 14,390 $ 11,293 $ 25,683
* To be dedicated by the developer
The costs stated herein may be based upon construction estimates rather
than actual cost. The final cost to Developer and City shall be based upon:
1. Unit prices contained in City of Fort Worth Ordinance No. 14552;
WATER COST SHARE(Developer pays for 8" water pipe and gate
valve. The City pays for 16"/8" water pipe and valve.
16"/8" water pipe ($40-$17)
234 L.F. x $23 = $ 5,382
16"/8" water valve ($6,587-$676)
1 EA. x $5,911 = 5,911
$ 11,293
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
= $ 11,293
Summer Creek Business Park
Revised Form per Legal 2/21/03
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $30,256. 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. The Developer shall bear in the cost
of the sewer improvements as follows:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 29,256 $ - $ 29,256
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service/Fire Line (2) $ 1,000 $ -0- $ 1,000
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 30,256 1 $ - $ 30,256
Total of Water and Sewer
Const. $ 44,646 $ 11,293 $ 55,939
Construction Inspection $ 893.00 $ 226.00 $ 1,119.00
*To be dedicated by the developer.
The costs stated herein may be based upon construction estimates rather
than actual cost. The final cost to Developer and City shall be based upon:
1 . Unit prices contained in City of Fort Worth Ordinance No. 14552.-
Summer
4552;Summer Creek Business Park
Revised Form per Legal 2/21/03
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate 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 LV- day of d
12003.
Approval Recommended:
Water Department Transportation and Public Works
Department
1
,� _ ale A. Fisseler P. E. �/ Robert Goode, P. E.
�birector �-- I� 11J Director
Contract Authorization
ATTEST: ` City Fort orth
Date
By
Gloria Pearson ` Marc Ott
City Secretary Assistant 6-ty Manager
Approved as to Form:
Assistant Nty Attorney
DEVELOPER
Columbus Trail-94, Ltd.
ATTEST: by its General Partner
Windfall Inn, Inc.
Corporate Secretary By:
&.K—
Tim Fleet, President
it
Summer Creek Business Park ' °,"
Revised Form per Legal 2/21/03
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WATER IMPROVEMENTS SCALE: 1"=300'
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CONSUL TING ENGINEERS
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
REFERENCE NO.: C-19788 LOG NAME: 60SUMMER
SUBJECT:
Approval of Community Facilities Agreement with Columbus Trail 94, Ltd. by Windfall, Inc., its
General Partner, for Construction of Water and Sewer Services to Serve Summer Creek Business
Park
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Columbus Trail 94, Ltd. by Windfall, Inc., its General Partner, for the installation of water
and sewer services to serve Summer Creek Business Park.
DISCUSSION:
Columbus Trail 94, Ltd. by Windfall, Inc., the developer of Summer Creek Business Park, has executed a
proposed contract for community facilities to serve a large business development located in far southwest
Fort Worth, on Summer Creek Road, north of Columbus Trail (see attached map).
The total cost for water and sewer improvements for this development is $37,190. There will be City
participation in water pipe oversizing to increase pipe capacity in Summer Creek Business Park
development. The Developer and City estimated costs for water and sewer improvements are subject to
construction inspection fees.
ESTIMATED COST:
Project Cost Developer City Total
Water $14,390.00 $11,293.00 $25,683.00
Sewer $29,256.00 $0.00 $29,256.00
Easements $0.00 $0.00 $0.00
Inspection $893.00 $226.00 $1,119.00
TOTAL $44,539.00 $11,519.00 $56,058.00
This development is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
Loaname: 60Si JMMER PaoP 1 of
P162 539140 060162151610 $11,293.00
Submitted for City Manager's Office by; Marc Ott (8476)
Originating Department Head: Maebell Brown (Acting) (8207)
Additional Information Contact: Maebell Brown (Acting) (8207)
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