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HomeMy WebLinkAboutContract 31181 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No., WHEREAS, Legacy/Monterey Homes, L.P., an Arizona Limited Partnership by MTH — Texas GP, Inc., an Arizona Corporation, its General Partner, hereinafter called "Developer", desires to make certain improvements to Crawford Farms, Phase IIIA, 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 Michael Gavin, its duly authorized Vice 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 administered in conformance with paragraph 8, Section II, of the Poli ;] Crawford Farms,Phase IIIA Revised Form per Legal December 2004 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. 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Crawford Farms,Phase IIIA Revised Form per Legal December 2004 Water (A)attached; Sewer (A-1)attached; Paving (B) Storm Drain (B- 1) ; Street Lights and Signs (C). 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. 11. 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 $157,930. 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 Development $ 136,818 $ 19,412 $ 156,230 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services (68 x 1") $ 1,700 $ -0- $ 1,700 Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 138,518 $ 19,412 $ 157,930 * 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. The City pays for 16"/8" water pipe.) 1678" water pipe ($40-$17) 844 L.F. x $23 = $ 19,412 Cly' ' Crawford Farms,Phase IIIA FT. wNiTII4�.: Revised Form per Legal December 2004 Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6"Water Pie $ 15.00 2 LF 8"Water Pie $ 17.00 3 LF 10"Water Pie $ 24.00 4 LF 12"Water Pie $ 26.00 5 LF 16"Water Pie $ 40.00 6 EA 8" Gate Valve w/Cast Iron box& Lid $ 676.00 7 EA 10"Gate Valve w/Cast Iron box & Lid $ 1,182.00 8 EA 12"Gate Valve w/Cast Iron box & Lid $ 1,223.00 9 EA 16"Gate Valve w/Cast Iron box & Lid $ 6,587.00 10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00 Install 1"Air&Vacuum Release Valve 11 EA w/Vault $ 3,534.00 Install 4" blow-Off w/4"Gate Valve& 12 EA Sump Manhole $ 3,624.00 CITY Crawford Farms,Phase IIIA Revised Form per Legal December 2004 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $152,445. 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 $ 122,965 $ -0- $ 122,965 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services (82 x 4") $ 29,480 $ -0- $ 29,480 Engineering $ -0- $ -0- 1 $ -0- Sub-Total Sewer 1 $ 152,4451 $ -0- 1 $ 152,445 *To be dedicated by the developer. The costs stated herein may be based upon construction estimates rather than actual cost. TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 138,518 $ 19,412 $ 157,930 Sub-Total Sewer $ 152,445 $ -0- $ 152,445 Total Water and Sewer $ 290,963 $ 19,412 $ 310,375 Construction Construction Inspection $ 5,819 $ 388 $ 6,207 Grand Total 1 $ 296,7821 $ 19,8001 $ 316,582 Crawford Farms,Phase IIIA Revised Form per Legal December 2004 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 May of 200 Approval Recommended: Water Department , ^ �Aw — S. Frank Crumb Contract Authorization Acting Director J Date ATTEST: ity Of Fort Wort v r l� City Secretary Assistan City Manager Marty Hendrix Marc A. Ott Approved as to Form: ssistant ity Attorney DEVELOPER Legacy/Monterey Homes, ATTEST: L.P., an Arizona Limited Partnership by MTH — Texas GP, Inc., an Arizona Cororation, its General fP 'e Corporate Secretary t name an ti �� 'esu' My SECRETAIMR' Crawford Farms,Phase IIIA Revised Form per Legal 2/21/03 � ���� � � LID O `•' W 4 m Z 10 C N N LU Ix gal Z Ion -a 16 W W F O ` l d - - 3i�i3vd----- - - - 1/IYl7 W b3773A L::t N � ¢ S f p w 087A3 09 V1S I A HaVd �JJ, ac o SIA Vll _ -- 3001a1 3M mm L ~ . 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N N In i ca - ---- I LIJ r LLJ SH e o I I I P h LJJJ i W Z NLAJ n N M P V V N V —131: t0 w 7 XW 00000 t5 ___ r.•- z z a a Imo- "'(no QH02i ILIO I hI3Q CIO 0 < 0 o a w F o cn 0—I Q - - - ozv c o .o opo oc x x z CL d w w -i eco- b n City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/4/2005 DATE: Tuesday, January 04, 2005 LOG NAME: 60CRAWFORD REFERENCE NO.: C-20482 SUBJECT: Authorize Execution of Community Facilities Agreement with Legacy/Monterey Homes, L.P., an Arizona Limited Partnership by MTH — Texas GP, Inc., an Arizona Corporation, Its General Partner, for Construction of Water and Sewer Services to Serve Crawford Farms, Phase IIIA RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Legacy/Monterey Homes, L.P., an Arizona Limited Partnership by MTH — Texas GP, Inc., an Arizona Corporation, its General Partner, for the installation of water and sewer services to serve Crawford Farms, Phase IIIA, located in north Fort Worth. DISCUSSION: Legacy/Monterey Homes, L.P., has executed a proposed contract for community facilities to serve a single-family development located in the far north portion of Fort Worth, east of Old Denton Road and south of Sunset Hills (see attached map). The total cost for water and sewer improvements for this development is $316,582. 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 $138,518.00 $19,412.00 $157,930.00 Sewer $152,445.00 $0.00 $152,445.00 Easements $0.00 $0.00 $0.00 Inspection $5,819.00 $388.00 $6,207.00 Total $296,782.00 $19,800.00 $316,582.00 This development is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. T.nannme- AW"R A VJP(IRD TO Fund/Account/Centers FROM Fund/Account/Centers P163 539140 060163015130 $19,412.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) T.nvnsmP• Ff)CR A WFORT) Parra of