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Home My WebLink AboutContract 31608 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.S)Lcc� WHEREAS, D.R. Horton—Texas, L.T.D., hereinafter called "Developer", desires to make certain improvements to Emerald Park, Section II, 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 Don Allen, its duly authorized Assistant Secretary, 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, Secti -1-1, nt-the Emerald Park,Section 11 Revised Form per Legal December 2004 �' N`� 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: Emerald Park,Section II 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. H. 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 $338,637. 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 water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 338,637 $ -0- $ 338,637 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 338,637 $ -0- $ 338,637 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. Emerald Park,Section II Revised Form per Legal December 2004 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $436,271. 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 $ 428,096 $ 8,175 $ 436,271 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 428,0961 $ 8,175 $ 436,271 *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 15"/8" sewer pipe.) 15"/8" sewer pipe ($28-$25) 2,725 L.F. x $3 = $ 8,175 Emerald Park,Section II Revised Form per Legal December 2004 SEWER Unit Price from Developer's Pay Item Unit Descri tion Projects 1 LF 6"Sanitary Sewer Pie $ 24.00 2 LF 8"Sanitary Sewer Pie $ 25.00 3 LF 10" Sanita 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 TOTAL A"ATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 338,637 $ -0- $ 338,637 Sub-Total Sewer $ 428,096 $ 8,175 $ 436,271 Total Water and Sewer $ 766,733 $ 8,175 $ 774,908 Construction Construction Inspection $ 15,335 $ 164 $ 15,499 Grand Total $ 782,068 j $ 8,3391 $ 790,407 Emerald Park,Section II 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 sad Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the of Approval Recommended: Water Department S. Frank Crumb De --- Acting Director --- ATTEST: City Of Fort Worth City Secretary Assist t 'ty Manager Marty Hendrix Marc A. Ott Approved as to Form: Assistant'City Attorney DEVELOPER D.R. Horton—Texas, L.T.D. ATTEST: Corporate Secretary 13y: v r vin. CUB n ,41 MY W11-:71H11F pin,MIM AWS cry F1 ^11 0 4° Sign, print name and title Emerald Park,Section II Revised Form per Legal December 2004 BERRY _. CEDAR � M N y `? BRE TWOOD r S6 _ BLUE MOUND - WHITE y, COUNTRY • o - FOSSit BLINDS RANCH RDAD pp Z ry Y� Creek 132 7 P y m m- PROPOSED SANITARY SEWER OMsI* 1 � �(Lo*3XC�- i Lo�r tbNA NOTE. ALL WATER LINES ARE 8" UNLESS 0 THER WISE SPECIFIED J� EMERALD PARK „_ FUTURE SECRONS EMERALD PARK Qy� FUTURE SECTIONS ' o EMERALD PARK y g SEC770N ONE BA VER LANE BONDS RANCH ROAD 7 I EGFND PROPOSED WATER UNE EVS71NG WATER UNE ♦ PROPOSED RRE HVR"r r _ DATE: 11.04.04 PROJECT : 1978-2-1 -EM -D PARK 11'1 m I a DRAWN BY J. URBAN/AK SECTION TWO mycoskie-+nicinnis associates cm orgin-"surveyhp lanftmpe ereh8ecens plann4p CHECKED BY T. BELCHER EXHIBIT 'A' 2 0 9 east a b r a m WATER arlfaytan, texas 76910 817-469-1671 SHEET NO: 1 OF 1 I fax: 817-274-6757 EMERALD PARK FUTURE SECTIONS n� 1'=400' ?v i EMERALD PARK FUTURE SEC77ONS �C EMERALD PARK eA VER N UNE e SECTION > rr , r_ _i- -- —D� -- -- -- -- SIING BONDS RANCH ROAD 15'S.S. MPOSED SEER LME PROPOSED SEVER MANHOLE iI I DA 7E. 11.04.04 PROJECT '.• 1978--2-1 EMERALD PARK m� m a DRAWN BY J. URBANIAK SECTION TWO mycoskie+mcinnis-associates A &A onginesring surveying Isndsca m archimanne dennim EXHIBIT 'A._1' 200 cost abrom CHECKED BY.• T. BEL CHER SANITARY SEWER arlington, texas 76010 71 SHEET NO. 1 OF 1 fox:81817 6274 68757 I A10C - ncyuem Keview Page 1 of 2 ORT MMT WWW.CFWNet11Q1r'q '11_� Pr COUNCIL ACTION: Approved on 3/24/2005 DATE: 3/24/2005 REFERENCE NO.: C-20616 LOG NAME: 60EMERAI CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Approval of Community Facilities Agreement with D.R. Horton—Texas, LTD, for Construct Water and Sewer Services to Serve Emerald Park, Section II RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with D.R. Horton—Texas, LTD, for the installation of water and sewer services to serve Em Park, Section II. DISCUSSION: D.R. Horton —Texas, LTD, has executed a proposed contract for community facilities to serve a single family development located in the far northwest portion of Fort Worth, north of Bonds Ranch road and of US Highway 287 (see attached map). The total cost for water and sewer improvements for this development is $790,407. There will be City participation in sewer pipe oversizing to increase pipe capacity in the drainage area. The developer ar estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOT Water $338,637.00 $0.00 $338,637 Sewer $428,096.00 $8,175.00 $436,271 Easements $0.00 $0.00 $0 Inspection $15,335.00 $164.00 $15,499 TOTAL $782,068.00 $8,339.00 $790,407 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 ;fewer Commercial Paper Fund. http://www.cfwnet.org/council_packet/mc—review.asp?refnum=C-20616 3/25/2005 M&C Request Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P174 539140 070174013158 $8,175.00 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) ATTACHMENTS EmeraidParkOnsite_map.doc http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20616 3/25/2005