HomeMy WebLinkAboutContract 32140 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.. ,
WHEREAS, Panattoni Development Company, LLC , hereinafter
called "Developer", desires to make certain future improvements to Snowden 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, for current improvements ("Current Improvements").
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section I1, of the
Policy.
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future improvements CFAGF^ 07190 1
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
damazes are caused, in whole or in Part, by the allejeed ne2lizence 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. 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). This section shall not
apply to the construction of future improvements ("Future
Improvements").
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
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future improvements CFAGF^ 07190 o a 2
construct current and future improvements provided for in this
agreement.
L. Developer agrees to construct Current Improvements as shown on the
exhibits attached hereto. The following Current Improvement exhibits
are made a part hereof: Water (A) None; Sewer (A-1) None; Paving
(B)None: Storm Drain (B-1) None; Street Lights and Signs (C)None.
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) is not responsible to install or to cause to have installed,
the street, storm drainage, street lighting, street name sign and other
community facilities improvements shown as "Future Improvements" on
the attached Exhibits B, B I, and C.
B. As shown below in the "Summary of Cost for Street and Storm Drain
Facilities", the Developer shall fund its share of "Future 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, 131,
and C. Developer's estimated total cost of Future Improvements and
related support services specified in this agreement, including design,
construction and inspection is estimated to be $14,383.18, which is
Developer's appropriate share of the total Future Improvement cost of
$28,766.36.
FUTURE
IMPROVEMENTS
SUMMARY OF
COST
Bunge Oils - Snowden Road Improvements
Item Developer City Cost jw
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future improvements CFAG ^ 07190 roa 3
Cost
A. Construction $ -
1. Streets $14,383.18 14,383.18
2. Storm Drainage $0.00 $ -
3. Street Lights $0.00 $ -
4. Street Name Signs $0.00 $
B. Engineering Design $
C. Construction Engineering
and Management by DOE
4% $ -
TOTALS $ 14,383.18 $ - 14,383.18
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.
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 19th day of July,
2005.
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Approval Recommended:
Transportation and Public Works
Department
Robert Goode, P. E.
Director
City of Fort Worth
NO M&C REQUIRED Marc Ott
Assistant City Manager
ATTEST:
I V
Marty Hendrix
City Secretary
Approved as to Form:
Assi Attorney
ATTEST: DEVELOPER:
Panatto ' o ment Co., LLC
By:
J ap r
aging ner
Corporate Secretary
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SCALE: 1._,C. SNOWDEN ROAD
DRAWN: JAM
DATE: 06{30,05 IMPROVEMENTS P Bury+P
SHEET No. BUNGE OILS ADDITION Consulting En i o s
CARTER INDUSTRIAL PARK Dallas, Texu Tel 9 f 1t -0 8
1 CITY OF FT. WORTH Aury4artners-1)", e. 0 0
OF 1 TAR RANT COUNTY, TEXAS
F:\3409-01\CADD\Exhibits\FT Worth CFA-Exhibit_050428,dwg at Jun 30, 2005 - 4:22pm