The URL can be used to link to this page

Home My WebLink AboutContract 32566 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. SQ56 WHEREAS, S.J. Boswell Ridge Development, L.P., by S.J. Boswell Ridge, L.L.C, a general partner, hereinafter called "Developer", desires to make certain improvements to Boswell Meadows Addition, 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, Wise, 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 Steve Hawk ins, 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 H, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph �yo E. The contracts for the construction of the publi `i ` ,f all e administered in conformance with paragraph 8, Se iaq is Boswell Meadows 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 neglikence 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). Boswell Meadows Revised Form per Legal 2/21/03 E. 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 $154,841. 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 bare the cost of the water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 111,641 $ -0- $ 111,641 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service (108 x I") $ 43,200 $ -0- $ 43,200 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 154,841 $ -0- $ 154,841 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. ^r71f Boswell Meadows 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 $212,343. 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 sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 156,760 $ 4,346 $ 161,106 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ 800 $ 800 Service (108 x 4") $ 47,196 $ -0- $ 47,196 Engineering $ -0- $ 3,241 $ 3,241 Sub-Total Sewer $ 203,956 $ 8,387 $ 212,343 Sub-Total Water $ 154,841 $ -0- $ 154,841 Total of Water and Sewer Const. $ 358,797 $ 8,387 $ 367,184 Construction Inspection $ 7,176 $ 168 $ 7,344 Grand Total $ 365,973 $ 8,555 $ 374,528 *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; SEWER COST SHARE (Developer pays for 8" sewer pipe. The City pays for 10"/8" sewer pipe and 8" sewer pipe extension for Bryson Lane and school. 10"/8" sewer pipe ($26-$25) 534 L.F. x $1 = $ 534 8" sewer pipe extension ($25) 152.5 L.F. x $25 = $ 3,812 Engineering cost ($3,241) 1 L.S. x $3,241 = 3,241 $ 7,587 Boswell Meadows Revised Form per Legal 2/21/03 SEWER Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6" Sanitary Sewer Pie $ 24.00 2 LF 8" Sanitary Sewer Pie $ 25.00 3 LF 10" Sanitary Sewer Pie $ 26.00 4 LF 12" Sanitary Sewer Pie $ 27.00 5 LF 15" Sanitary Sewer Pie $ 28.00 6 LF 18" Sanitary Sewer Pie $ 38.00 7 LF 21" Sanitary Sewer Pie $ 45.00 8 LF 24" Sanitary Sewer Pie $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 10 EA Standard 5' Diameter Manhole $ 3,125.00 h �,.. Boswell Meadows' 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 Peveloper C a ute this instrument in quadruplicate, at Fort Worth, Texas this the a of 00� Approval Recommended: Water Department Contract•. uth ' z tiox [gate S. Frank Crumb Director ity Fort Worth 4ecetary Assistant City Manager Marty Hendrix Marc A. Ott Approv asAo Form: Assistant ity A�ftorney DEVELtaad ATTEST: Corporate Secretary y: Boswell Meadows ' ;r;'✓`'1 Ji'� U ', Revised Form per Legal 2/21/03 I P I I - � I � I I � � I I I I m \\ � I F.1s N / N N N 'u lur I _ _ - ru EAa N N O O ry� ;T� W I ry I I O� P 1 L, I I o N 1 i a m \ N - --- . IL N I o. N N I I m N I I m M I I N 1 IQ I N r N I I I Y 311 f I O I N • l , N Cmi inm 1 I l l y N t7 r N 10 m " I I Jff I � i - -faO-M�t15 II i I Y I i I i N I I i I( N N / / N I { I Ntn cu C/) Cf) N " A N \ H N O I I m 1 1 a Cf) N pq 4 I N Y , I N i I i o m I m I I m 0 r ! N I I I N N �► I ,� o m 1 1 I I. Lo I ' N I