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HomeMy WebLinkAboutContract 32088 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary nrN COUNTY OF TARRANT § Contract No.nuCffi WHEREAS, Hillwood Residential Services, L.P., a Texas Limited Partnership by Hillwood Development Company, a Texas Limited Liability Company, its general partner, hereinafter called "Developer", desires to make certain improvements to Heritage 3B Offsite Water and Sanitary Sewer, 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 Brian Carlock, 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 Poli Heritage 313 Offsite Water and Sanitary.Se\vel' Revised Form per Legal December 2004 e E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 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 perforined 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, iMether or not sacch injuries, death or dantaffes are caused, in tivhole or in hart, by the alle,-ed negligence of the City of Fort North, 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 agreem nt — ry Heritage 3B Offsite Water and Sanitary Sewer ,��, ';y;4'; U(�'�, U L;uV. Revised Form per Legal December 2004 ...-. L. 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). 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. 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 $65,845. 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 Development $ -0- $ -0- $ -0- Approach $ 65,845 $ -0- $ 65,845 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 65,845 $ -0- $ 65,845 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $159,312. 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: II 7 Heritage 3B Offsite Water and Sanitary Sewer Revised Form per Legal December 2004 SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ -0- $ -0- $ -0- Approach $ 154,384 $ 4,928 $ 159,312 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 154,384 $ 4,928 $ 159,312 *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 12"/8" and 10"/8" sewer pipe.) 12"/8" sewer pipe ($27-$25) 1 ,682 L.F. x $2 = $ 3,364 10"/8" sewer pipe ($26-$25) 1 ,564 L.F. x $1 = 1,564 $ 4,928 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 65,845 $ -0- $ 65,845 Sub-Total Sewer $ 154,384 $ 4,928 $ 159,312 Total Water and Sewer $ 220,229 $ 4,928 $ 225,157 Construction Construction Inspection $ 4,405 $ 99 $ 4,504 Grand Total 1 $ 224,6341 $ 5,027 $ 229,661 ii Heritage 3B Offsite Water and Sanitary Sewer 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 if f> ? day of 2005. Approval Recommended: Water Department nt-�2g.� S. Frank Crumb Acting Director Contract Authorization Date / 1 ATTEST: City Of Fort Wort f�A 4::Lct- , L City Secretary Assistant ity Manager Marty Hendrix Marc A. Ott Approved as to Form: DEVELOPER Hillwood Residential Services, LP Assis nt City Attorney a Texas limited partnership By: Hillwood Development Company, a Texas limited liability company ATTEST: its general partner Corporate Secretary By Brian Carlock, Vice President Heritage 313 Offsite Water and Sanitary Sewer Revised Form per Legal December 2004 L o ` to Lo a i O d 0 U o (D O i o Z F- 16 -6 S U w ZON W ~23 0 VQ^O11� U tom d .� _ ._.___ ___.__ .L._.._. ..__._._._________._.____.____•,1IWIl Al I7 a3ll3N crv0871tl71 OLilOtld NOIN -_._ �- ..........� l IWI !1 — l Alli d`J(1C1bM r 3 _ 1 Wil A1I H1230M 1x03 6aVA3'TR09 tl1S1/1 X7ltld W b I z � Q Q / OI / 1 / h = rastn v1W / W O I �V3e N C/) Q O O. U o cla O �a W ~ WV 3/U71O 3UISE3A17! 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DISCUSSION: Hillwood Residential Services,L.P., has executed a proposed contract for community facilities to serve single-family development located in the far north portion of Fort Worth, east of Alta Vista (future North Beach Street) and north of Heritage Trace Parkway (see attached map). The total cost for water and sewer improvements for this development is $229,661. There will be City participation in sewer pipe oversizing to increase pipe capacity in the development area. The develop( City estimated costs for water and sewer improvements are subject to construction inspection fees. PROJECT COST DEVELOPER CITY _TOT Water $65,845.00 $0.00 $65,845 Sewer $154,384.00 $4,928.00 $159,312 Easements $0.00 $0.00 $0 Inspection $4,405.00 $99.00 x,504 TOTAL $224,634.00 $5,027.00 $229,661 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 Sewer Capital Projects Fund. http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20784 6/8/2005 M&C Request Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P174 539140 070174013278 $4,928.00 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 HeritagePh3BOffsite_WandSS map.doc http://www.cfwnet.org/council_packet/mc review.asp?refnum=C-20784 6/8/2005