HomeMy WebLinkAboutContract 32013 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 39013 3
WHEREAS, Children's Lighthouse Management, Inc., hereinafter called
"Developer", desires to make certain improvements to Children's Lighthouse Learning
Center on Risinger Road, 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:
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, 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 II, 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
administered in conformance with paragraph 8, Section Il, of the
Policy.
Children's Lighthouse-Risinger Rd. Newer GFA 4% and Utilities 05 25 05.doc
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 or
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. 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).
I. 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).
J. 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.
K. 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.
Children's Lighthouse-Risinger Rd. Newer CYA 4% and Utilities 05 25 05.doc
L. 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 (B4A4tarhqd-
Storm Drain (B-1) Attached; Street Lights and Signs (C)-�tett'.
M. 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
ExhibitsJg Bl, and��
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 Exhibits B, Bl,
and C. The estimated total cost of current improvements and related
support services specified in this agreement, including design,
construction and inspection is estimated to $7,072.00.
Children's Lighthouse-Risinger Rd. Newer CTA 4% and Utilities 05 25 05.doc
SUMMARY OF
COST
Children's Lighthouse/Risinger Rd.
Item Developer City Cost Total Cost
Cost
A. Construction $ -
1. Streets $0.00 $ -
2. Storm Drainage $6,800.00 6,800.00
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $
B. Engineering Design $
C. Construction Engineering
and Management by DOE $ $
4% 272.00 272.00
$ $
TOTALS 7,072.00 $ - 7,072.00
Notes:
1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
The developer is responsible for installation of sidewalk and a separate financial
guarantee is required in the form of a bond or check for the cost of the sidewalk.
2. Developer's column for Item C represents four percent (4%) cost for construction
inspection fees and materials testing. The City will pay additional inspection fee over
4%.
3. City not preparing plans and specifications.
Children's Lighthouse-Risinger Rd. Newer CSA 4% and Utilities 05 25 05.doc - '"
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, a d said Developer
has executed this instrument in triplicate, at Fort Worth,Texas this the ay of
a--@L, 2005.
Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
C' of rt rt
NO 114&C REQUI;<M
Marc Ott
Assistant City Manager
ATTES :
IMa4 Hendrix
City Secretary
Approv s to Form
Assista i Attorney
ATTEST: DEVELOP ERLk,id-
B y
Corporate Secretary
RECEIVED
1
Children's Lighthouse-Risinger Rd. Newer CTA 4% and Utilities 05 25 05.doc Off 01'-AE PY
T. 'ONRY91, M.
05/16/2005 12: 26 0173362716 PAGE 02
tiny 06 05 01: 56p Childress LiChthflu6e� a rovo81�73321838e�r+o aela•r+JLp apx2
RECEIVE(
�uJ
UNTT M.STORM DRAIN
MW APPROX. DESCRUY1710N Of ITEMS WITH VNr7 TOTAL
NQ. QUAwT Ty 8m PR.iCEB wnrrEN iN woRDS PR.Km AMOUNT
(Punish aw iomn,inclodittg all g7wtemsm work,cwWWA in ptmb the fo)Wwing
items}
1. l EA. 1 54t b dvt;Per Each.
Fa d Doftm
Asd No Cab S S OQ A4 S_ 5. 00
2 30 L.P., Remove Ezhtng Top of 13-ft loW
Mid Canttrnct New lbw Per Linear
Fbot
aim
DORM
And NQ CC=
TOTAL AMOUNT 913D STORM DRAIN $¢.NOM
H ,• r 1r�� r
w.a.�.a an Demes f
PAGE 1 OF 2
796.17EXAS,I.P.h1l"IEORES [IF j 6.
/ V(X 11332,PE 136 I, ;
/ � 1 797.1TC
796.63 196.0
796.63
796.76TC 796.63 796'05
F.F.=796.80
I
NG
796.67TC
795.77 796.62TC t_o 7 6.30 N '✓�
796.96TC I ^\ 796. ----------
796.70
I 796.70 I ,
795.67 I I
`1 N /
1 •
795.90lie
796.39
2.007E AX. CROSS SLOPE
ON ACCESSIBLE ROUTE J' ! Yµ ,1796.38TC
^ _ I I 794.8
_ 794.90 X796.25
9 .707
� 'N`J4'- '196.20 i 796.58
-- - -="`►�a►�iY71'1B��` �(1Q0.01 \ I ,- 796.30 796.307
c I 796.20
RISINGEpp pp •'•= '• - �J_ �_ - - 794.63 _ 1 795.63
YON Roj,VRRIA�E��pIHI ^ '�' `• _ ���-- __ - -- __ _ I � 796.307
_
\ ^N ^193. 40'N` -•-��� T-
P 793.95TC 793.40 apTc �� ,�®' 796.25TC
793.52 95.32
796.00TC
EU79�.Dge. y
16.MATERTC
(�
(2036 349 hl /�^ 6 x 6 90X OUI VERTEL.792.
24"RCP (203,-344 TC
TC
Pvc STREET l IGHT
COH'p0/
CONSTRUCT NEW 15' %CESSED
INLET AND 30' OF 21 RCP TO
CONNECT TO EXIST. INLET
/JUNCTION BOX e '
FLr=789.48REMOVE TOP OF EXIST. 15' INLET -
CONSTRUCT NEW TOP TO GRADE 241 RcP
TO FORM JUNCTION BOX W/
ACCESS MANHOLE LID
F_L f89.24
---------------
EXHIBIT B-1
CHILDREN'S LIGHT HOUSE
LEARNING CENTER
RISINGER ROAD
LOT 34, BLOCK 3
MEAD
W E
ST(JRM SEWER PLAN
5cate: a"=50'