HomeMy WebLinkAboutContract 30383 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.50.'��3
WHEREAS, Cheyenne Ridge Partners, Ltd., by its General Partner, Advantage
Development, Inc., a Texas limited liability company, hereinafter called "Developer",
desires to make certain improvements to Cheyenne Ridge Phase 1, 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 Richard Biggers, 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 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_
1 -.=.n:^
administered in conformance with paragraph 8, Section Il, ott '' pl>lcy, ��,�
CHEYENNE RIDGE PHASE 1
per Legal
a
Revised Form P al 2/21/03 7
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 neQli�ence 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).
CHEYENNE RIDGE PHASE 1
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 $129,192.
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 FACILTIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within $ 56,724 $ 55,468 $ 112,192
Development
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Svc: 80-1"dom, 2-2"irr $ 17,000 $ -0- $ 17,000
Engineering $ -0- 1 $ -0- $ -0-
Sub-Totals, Water $ 73,7241 $ 55,468 $ 129,192
* 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;
2.
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)
1,230 L.F. x $23 = $ 28,290
16"/8" water valve ($6,587-$676)
4 EA. x $5,911 = $ 23,644
1" air and vacuum release valve($3,534)
1 EA. x $3,534 = 3 534
$ 55,468
CHEYENNE RIDGE PHASE l
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 $83,552. 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 the cost of
the sewer improvements as follows:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 68,352 $ -0- $ 68,352
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service 80-4" $ 15,200 $ -0- $ 15,200
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 83,552 $ -0- $ 83,552
Sub-Totals, Water $ 73,724 $ 55,468 $ 129,192
Total of Water and Sever
Const. $ 157,276 $ 55,468 $ 212,744
Construction Inspection $ 3,146 $ 1,109 $ 4,255
Total All $ 160,422 $ 56,577 $ 216,999
*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;
C. City participation for water and sewer improvements is calculated as
follows:
X1:6 N {.}12
b pp
t� 9
CHEYENNE RIDGE PHASE 1
Revised Forth 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 quadruplicate, at Fort Worth, Texas this the 1,04�hday of
2004.
Approval Recommended:
Water Department
),1,-4
Cj\'CVV-k)
Dale A. Fisseler, P. E.
Director
ATTEST: City Of Fort Worth
By
artj Hendrix Marc A. tt
UUUUUU City Secretary Assistant ity Manager
Approved as to Form:
:tract Authori ation
Assistant Ny Attorney
DEVELOPER
Cheyenne Ridge Partners, Ltd.,
by its General Partner,
Advantage Development, Inc.,
a Texas limited liability company,
ATTEST:
0rPorate Secretary By: C ; al1
Richard Biggers, President
CHEYENNE RIDGE PHASE I "
Revised Form per Legal 2/21/03
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City of fort Worth,. Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/27/2004
DATE: Tuesday, July 27, 2004
LOG NAME: 60CHEYENNE REFERENCE NO.: C-20173
SUBJECT:
Approval of Community Facilities Agreement with Cheyenne Ridge Partners, Ltd., for the Installation
of Water and Sewer Services to Serve Cheyenne Ridge, Phase 1, in Northwest Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a community facilities
agreement with Cheyenne Ridge Partners, Ltd., for the installation of water and sewer services to serve
Cheyenne Ridge, Phase 1, in northwest Fort Worth.
DISCUSSION:
Cheyenne Ridge Partners, Ltd., has executed a proposed contract for community facilities to serve a future
single-family development located south of W.J. Boaz Road, and west of Bowman-Roberts Road in
northwest Fort Worth (see attached map).
The total cost for water and sewer improvements for this development is $216,999. There will be City
participation in water pipe oversizing to increase pipe capacity in development area. 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 $73,724.00 $55,468.00 $129,192.00
Sewer $83,552.00 $0.00 $83,552.00
Easements $0.00 $0.00 $0.00
Inspection $3,146.00 $1,109.00 $4,255.00
TOTAL $160,422.00 $56,577.00 $216,999.00
This development is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Water Capital Project Fund.
Logname: 60CHEYENNE
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 539140 060163015102 $55,468.00
Submitted for City Manager's Office by. Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
Logname: 60CHEYENNE Pan,- I „f')