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Home My WebLink AboutContract 32567 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary Un COUNTY OF TARRANT § Contract No. f WHEREAS, LC Highlands, a limited partnership, hereinafter called "Developer", desires to make certain improvements to Lost Creek Addition, Phase VI, 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 Randal Johnson, its duly authorized General Partner, 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 Policy. Lost Creek Addition,Phase VI 4I�� n Revised Form per Legal 2/21/03 1� :„�i-PTN 1 Qr b`L 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. 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). I it Lost Creek Addition,Phase VI Revised Form per Legal 2/21/03 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 $141,317. 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: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 114,917 $ -0- $ 114,917 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service(66 x 1") $ 26,400 $ -0- $ 26,400 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 141,317 $ -0- $ 141,317 * To be dedicated by the developer The costs stated herein may be based upon construction estimates rather than actual cost. CITY Lost Creek Addition,Phase VI i 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 $210,785. 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: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 177,064 $ 15,571 $ 192,635 Approach $ -0- $ -0- $ -0- Easements* $ -0- 1 $ =0- $ -0- Service (66 x 4") 1 $ 18,150 $ -0- 1 $ 18,150 Sub-Total Sewer $ 195,214 $ 15,571 $ 210,785 Sub-Total Water $ 141,317 $ -0- $ 141,317 Total of Water and Sewer Const. $ 336,531 $ 15,571 $ 352,102 Construction Inspection $ 6,731 $ 311 $ 7,042 Grand Total $ 343,262 $ 15,882 $ 359,144 *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 24"/8" sewer pipe, 21"/8" sewer pipe, and 5/4' diameter manhole. 24"/8" sewer pipe ($48-$25) 413 L.F. x $23 = $ 9,499 21"/8" sewer pipe ($45-$25) 212 L.F. x $20 = $ 4,240 5'/4' diameter manhole ($3,125-$1,293) 1 EA x $1,832 = 1,832 $ 15,571 Lost Creek Addition,Phase VI Revised Fort 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 Lost Creek Addition,Phase VI 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 Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the,7,7day of �, 2664. Ada5 Approval Recommended: Water Department uo� Contract uthori atioR 5AVt S. Frank Crumb, P. E- Date Director ATTEST: City Of rt Worth / -fICIty ecretary Assistant City Manager Marty Hendrix Marc A. Ott Approved �to Form: AssAttorney DEVELOPER L.C. Highlands, a Limited partnership ATTEST: Corporate Secretary By: rint name and title Randal D. Johns _Generalartner Lost Creek Addition,Phase VI Revised Form per Legal 2/21/03 Rug 27 04 09: 26a ECDLP 469-916-6301 p. 2 k z W � _ o x A rn y :1NKL:R 7?. o UNKWCOO OR A UKKAIWOW D. :ARANT COIAVTY m CEVCNR'P.E DR. SNOW CREEK DR. LOST CREEK BLVD. r F_ = z n r*i z N � ; Ip I i I I G U') CHA L CREEK RD Z� 0 FM 2871 Sv'O SIfA YRi UjR. ,e \ a ss X Z —a cgs = ti 11 tv I] 3o A OI n n c A S •C' I• ° I � m� �.. I • O I 1 u rr/ ,n 1'o I) O Imo, rc. so O n u ,• s b IS O '• I, J i/�1 N um � � la u u a o .'u• •�' l c•[ AodL •ru.a z NO RIVE NO DRIVE 10 'A7. n a on,.al u• EXHIBIT " A" N WATER LOST CREEK ADDITION, PHASE VI CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �\ X 31kf YIEf IJ14 la �II .. 855— jam 13 IJ '� v m ` z N I]NE"D- l ' n Iz 1 1 JO y O n re c' I Is a � v z ie le�oLu y I I�!I Iz X 10 3 a IV IS 'O 13 tj � T ] �1 Vt � i� LO CRM ADOIL I> IE v t] NYUE z 1 S ] 1 1' 14 13 G E,OIJD NaE NO pryE Myc. S — S U •A• .r LINE IVE •g NO DR O� 1 W Y an wrt ut EXHIBIT " Al" SEWER LOST CREEK ADDITION, PHASE VI CITY OF FORT WORTH, TARRANT COUNTY, TEXAS