Loading...
HomeMy WebLinkAboutContract 27991 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Realty Capital Corporation, hereinafter referred to as Developer, and Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited partnership, by and through Chapel Hill (Fort Worth) AIP III, L.L.L.P., a Georgia limited liability limited partnership, as sole general partner, by and through Avanti Capital Associates, a Florida joint venture (formerly known as Avanti Properties Group, J.V., a Florida joint venture), as sole general partner, by and through Avanti Management Partners, J.V., a Florida joint venture, as sole managing venturer, by and through Avanti Development Corporation, a Florida corporation, as sole managing venturer, Property Owner, desire to make certain improvements in Chapel Hill Addition, 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 A. Myers, its duly authorized president; Property Owner, acting herein by and through Marvin A. Shapiro, 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: COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for CHAPEL HILL of FORT WORTH A. The City and Developer agree that City shall let one or more contracts for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Charter, and subject to the requirements of the City's Policies and Regulations for Installation of Community Facilities, all as current at the time of installation: WATER FACILITIES to serve the Development as shown on the attached Exhibit A and SANITARY SEWER FACILITIES to serve the Development as shown on the attached Exhibit A-1, all in accordance with plans and specifications approved by the Water Department and prepared by private engineers employed by the Developer. City and Developer shall cooperate to achieve expeditious approval of the plans and specifications and preparation of the bid documents. Plan approval by the Water Department will not be unreasonably withheld or delayed. City and Developer further agree to make every reasonable effort to proceed in a timely fashion such that City may award the initial construction contracts pursuant to this Agreement on or before December 23, 2002, and in no event more than ninety (901 days following plan approval, completion of bid documents, and the submission by the Developer of a cash deposit pursuant to paragraph G (1), of this Agreement, provided, however, that City shall incur no liability in the event such dates are not met. B. The City agrees to allow the Developer to install, at Developer's expense, at the time all other water mains and/or sanitary sewer mains in this Development are installed, a sanitary sewer and water service line for each lot of each Phase of the Development. 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 for the Development. The City will not charge any fees for these water and sanitary sewer service lines other than the City standard inspection, tap fees if installed by the City, impact fees, and meter fees in effect at the time of installation. Provided, however, in no event shall the Developer nor the Eagle Mountain-Saginaw Independent School District be required to pay impact fees for the Facilities to be constructed pursuant to this Agreement. City represents to Developer, and Developer acknowledges, that the impact fees currently adopted by the City do not include any costs associated with the construction of the Facilities to be constructed by the Developer hereunder and Developer has conveyed such information to the Eagle Mountain- Saginaw Independent School District. Further, the Developer will not be charged by the City for front foot charges for this Development when connecting to any existing or future water and/or sanitary sewer mains under the provisions of the "APPROACH MAIN OPTION' as described in Section III of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in March, 2001. Future phases of the Development shall be governed by the Potty for,tde Chapel HiIl—Water&Sewer CFA 09/05/02 DALLAS4577874v1052610-00001 Installation of Community Facilities in effect at the time of the execution of the future agreements. C. The construction cost of the Water Facilities herein concerned, exclusive of service lines is estimated to be Two Million Five Hundred Nine Thousand Three Hundred Dollars ($2,509,300). D. The construction cost of the Sanitary Sewer Facilities to be installed hereunder, exclusive of service lines, is estimated to be Eight Hundred Fifty-Eight Thousand Eight Hundred Dollars ($858,800). E. Prior to the City's award of a construction contract for any of the Facilities the Developer agrees to provide to the City: (1) A cash deposit for one hundred twenty-five percent (125%) of the Developer's Share (as set forth on page 1-51 of estimated construction costs of the Facilities (which share is herein called "Developer's Share" as referenced in the City's Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in March 2001. City shall hold the cash deposit in a separate subaccount of that particular City account created for the construction contracts to be awarded pursuant to this Agreement. Such subaccount shall be reserved for the payment of Developer's Share of construction costs hereunder. As each section of water or sanitary sewer line, which sections are shown as Lines I, 11, III, and IV on page 1-6 (herein individually called a "Line", and collectively called the "Lines"), is constructed, the City will make payments to the contractor from the cash deposit subaccount in proportion to Developer's Share of the costs associated with such Line. As each Line is completed, the cash deposit will also be reduced, as provided at paragraph H. of this Agreement, by a release to Developer of the difference between the actual construction costs of such Line and an amount equal to 125% of the Developer's Share of that Line's estimated cost shown on page 1-5. (2) Payment of any ordinance costs and fees that are applicable. As of the date of the execution of this Agreement, the following connection fees are established by city ordinance: tap fees if installed by the City, impact fees, and meter deposit fees. Nothing contained herein shall be construed so as to limit ordinance mandated costs and fees, as same are charged and collected at the time of connection to the system. Provided, however, in no event shall the Developer be required to pay impact fees for the Facilities constructed by or dedicated by the Developer. City represents to Developer, and Developer acknowledges, that the impact fees currently adopted by the City do not include any costs associated with the construction of the Facilities to be constructed by the Developer hereunder. QQII ppppppgggg.,_:pp Chapel HM—Water&Sewer CFA 1-2 09/05/02 ��l �a , DALLAS4 577874v10 52610-00001 (3) A construction Inspection Fee equal to two (2%) of the Developer's Share of the estimated costs of the construction cost of the Facilities as set forth on page 1-5, exclusive of engineering and design costs. F. Approval by the City of the plans and specifications for the Facilities as prepared by Developer's Engineer shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, its engineer, employees, and agents for the accuracy and competency of their designs and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the designs and specifications prepared by the consulting engineer, its agents and employees, it being the intent of the parties that approval by the City signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection the Developer shall for a period of ten (10) years after the acceptance by the City of the completed construction project indemnify and hold the City and all of its officers, agents, servants and employees harmless from any loss, damage, liability or expense, on account of damage to property and injuries, including death, to all persons which may arise out of any defect, deficiency or negligence of the designs and specifications prepared by the Developer's engineer incorporated into any improvements constructed in accordance therewith, and the Developer shall defend, at its own expense, any suits or other proceedings brought against the City and its officers, agents, servants and employees, or any of them on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith. G. The actual costs for the Facilities to be constructed under this Agreement will be determined using the actual records of cost kept by the City during construction. The percentage distribution of each section of the actual construction cost between the City and the Developer (with the City's share thereof being herein called the "City Share"), for the Facilities to be constructed hereunder is shown on page 1-6. Actual water main and sanitary sewer main easement acquisition costs will be shared equally between the City and the Developer. H. It is agreed that any deviation from the scope of work for the Facilities that would result in an increase in the total amount of Developer's Share of the cost of the Facilities must be approved in writing by the City of Fort Worth and the Developer prior to such deviation. Any approved increase in construction costs due to conditions encountered during construction shall be borne by City and Developer each in accordance with the percentages of participation outlined on page 1-6. Developer shall not be obligated for any costs associated with changes in the scope of the project requested by the City, except to the extent such changes are necessary to serve Developer's property. As each Line is completed, City shall determine the actual construction costs for such Line based on actual records of costs kept in accordance with City procedures. To the extent that actual costs determined for a Line do not meet or exceed 125% of the D eve lopr' ,#�arof tk�atm Chapel Trill—Water&Sewer CFA 1-3 ' 09/05/02 �� i DALLAS4 577874v10 52610-00001 2`1 F � � 6�, Line's estimated cost shown on page 1-5 (the "Developer's Share Estimated Cost"), City shall release to Developer funds from the cash deposit equal to the difference between the Line's actual construction costs and 125% of the Line's Developer's Share Estimated Cost. Chapel Hill—Water&Sewer CFA 09/05/02 I °4 DALLAS4 57787410 52610-00001dip � C ME, (1) WATER FACILITIES COST ESTIMATES : ** Estimated **Estimated Developer City Cost Total Cost Cost (a) 36" On-Site Water $ 653,400 $ 463,700 $ 1,117,100 Approach to Phase 1 36" Off-Site Water $ -0- $ 862,800 $ 862,800 Approach to Development 24" E/W Water $ 529,400 $ -0- $ 529,400 To Phase 1 (1c) Services 0- single 1" $ -0- $ -0- $ -0- (1d) Park Participation $ -0- $ -0- $ -0- Sub-Totals, Water $1,182,800 $1,326,500 $2,509,300 (2) SANITARY SEWER FACILITIES COST ESTIMATES: (2a) 24" & 18" On-Site Sewer $ 349,000 $ 98,000 $ 447,000 (2b) 27" Off-Site Sewer $ 152,250 $ 259,550 $ 411,800 Approach to Development (2c) Easements $ -0- $ -0- $ -0- (2d) Services ( 0 -4") $ -0- $ -0- $ -0- (2e) Park Participation $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 501,250 $ 357,550 $ 858,800 (3) TOTAL CONSTRUCTION COST: $1,684,050 $1,684,050 $ 3,368,100 (4) CONSTRUCTION INSPECTION FEE : $ 33,681 $ 33,681 $ 67,362 Estimates Only -see Page I- 6 for actual City and Developer Cost ` ' Easement costs to be shared equally between the City and the Devel Chapel Hill—Water&Sewer CFA I-S 09/05/02 „u,nti,w..,...... ..r....... .��:.���ri� DALLAS4 577874v10 52610-00001 CITY and DEVELOPER PARTICIPATION BREAK-DOWN PROJECT NAME: CHAPEL HILL of FORT WORTH Line ESTIMATED City Developer Section CITY COST % % I. Off-Site Sewer Line Costs $259,550 ( 63%) ( 37%) City Upsize 18" to 27" II. Off-site 36" Water Line Costs $862,800 (100%) (0%) III. On-Site Sewer Approach to Phase 1 $ 98,000 (21.9 (78.1%) City Upsize 12" to 18" and 15" to 24" IV. On-Site Water Line Approach to Phase 1 $463,700 (41.5%) (58.5%) City Upsize 24" to 36" Lines Easement costs to be shared equally between the City and the Developer. TOTAL CITY ESTIMATED PARTICIPATION FOR WATER DEPARTMENT = $1,684,050 Umpel HM—Water&Sewer CFA 1_6 �� i 09/05/02 ( DALLAS4 57787010 52610-00001 �'! �rtiAq w „ I. The construction of the Facilities for which this Agreement provides shall be completed within five (5) years from the date hereof with the exception of any delays by the City in the acquisition of easements or in the bidding and award of the construction contracts which shall extend this time frame accordingly. Refunds due to Developer from collection of front foot charges", as defined in the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in March 2001 on water and sanitary sewer mains, shall be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director of the City of Fort Worth's Water Department. If less than 70% of the eligible collections due to the Developer have been collected, the Developer may request in writing and receive an extension of up to an additional 10 years for collection of front foot charges. Developer acknowledges that under current City policies, the only facilities to be conducted pursuant to this Agreement that are eligible for refunds due to "front foot charges" are the off-site sanitary sewer facilities. J. The Developer may assign this Agreement to a new owner/developer with the written consent of the City, which consent shall be executed in recordable form and shall not be unreasonably withheld. An assignment to an Affiliate of Developer, hereinafter defined, shall not require such written consent. For purposes of this paragraph J., "Affiliate of Developer" shall mean all companies under common control with, controlled by, or controlling Developer. For purposes of this definition, "control" means 50% or more of the ownership determined by either value or vote. Any assignment shall be in writing, and shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in this Agreement. Upon execution and delivery of such assignment to the City, the assignor shall be released from any further obligations under this Agreement, and City shall look solely to the assignee for performance of duties and obligations pursuant to this Agreement. Notwithstanding the foregoing, any such assignment may make separate provisions for the assignment of the rights to reimbursement or the refunding of front foot charges pursuant to this Agreement. K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. Chapel Hill—Water&Sewer CFA , All I 09/05/02 DALLAS4 577874v10 52610-00001 .}}'ivi':i:Y•irj::>::ikk'ykkk{;;vt .......... :i'':}kjky: y'i 4 i ki+ii:k}Y:.w::r}v.}w:;}: .:•w:::v:::w::::::::::w:::::::v::v;•:::::::::::•:ny:n:::• `. : •i•.~..? :vvk............. ... ..............�.-v.:: v:`w:...:.: # # k.: ..:- :.:.. �.4 ?N:S .YiW-.'�.{iii}:41f:`���.#'�•�:?iMV!ti:} �' t}��;`• ....•:h:!F�. �k.••'�.•.{.>. � ,. ::> >:: .€�i •:.i :. y., C� ::mil 3i£ i:;f:........... .::::.:.....::..,..TT._:::.::v,:::.::.* ,•::.::•.:........, .:....�:..:::••::...,...:yy..::.:,:,,Tf. SIX .................. :��:43r<: ... .:::.�'�. ..,,,.,::.. 1::<::�1�':•:•.•.,�.-.':'-.:...::..:.:......:...�:::..,..,,.::�.:>::.::::::....... ... ::kYY't::..,:::::.::.::::...:..t.::..:::.....,..::..:::.,...,,,,: : ..::�yyy,,,::::,.v:y.:, .::..y.;.;;::;:.:;,,;.:s:��::rx:•v:'•:::�:r::•-::•:�...•:Y`kktk<`:.<YYYkkkka Ykkk;`YYkY<YY<kki:.YY<YYYvb.:•:,v:,:. ,!y,,��,�y7 ::'•kkY>'YYkYY':.Y•:kkkk`k::::kY?YY:v::....::....v : ::,vv.•.:v.:•.:,::,.:: y� �,ykryCky}.��k ••'':iFit.'tXi: •'`.'? k:;; ;+:`'t#`` '2:??#',k,:, ::v:vv:.:.:..-.::::::.,,k•::::.:,,:•:.:,:,..Y::vv:v:-.-..::•.:vvv::::•.:•.,•.\, i�•',W,�•,-i�i',,,��?ukF:itFk;'�i� t�::.vv,•.:.v:•h•.:•:.::•.v,�.,..:t�i*.:,vv:v.:•.•.:,,...,Y.:•.,•.,::,..:,..:,<Y:..vv.:v,•.,•.-.:..,.....:•,-.:....:::::,vvvvYV:kk+:vk««kkktk•:tt,....:.:•:. APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: ° Assistant ity Attorney Dale A. Fisseler, Water Department Director TEST: CITY OF FORT WORTH, T AT 7, ✓ , By: Gloria earsori Marc Ott City Secretary Assistant City Manager Developer: .-_I. t l 4� Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited Contract Mth.ori xaion 17 partnership Jute By: Chapel Hill (Fort Worth) AIP III, L.L.L.P., a Georgia limited liability limited partnership, as sole general partner By: Avanti Capital Associates, a Florida joint venture (formerly known as Avanti Properties Group, J.V., a Florida joint venture), as sole general partner By: Avanti Management Partners, J.V., a Florida joint venture, as sole managing venturer By: Avanti Development Corporation, a Florida corporation, as sole managing venturer By: (CORPORATE SEAL) Title: Chapel Hill—Water&Sewer CFA 1_8 Draft 8/06/02 m e DALLAS4 577874v10 52610-00001 � VEXVl N Developer: Realty it 1 Corporation is rd A. M ers resident 1-9 metre^um�r�rw,w� Bin milt� 4 �•�8s9__� y` 0 l � \ • /// � n835 HICKS ROAD` z ! 840 w`, I i 1 •1����� L\ ( NDS RANCH R 0 \ � i'^F°•- '�Y 800 rr PHA n t2 o ,A. man •1 , J '� 1 ,\• 04' G �' LPRO/POSED ��1� � ` / I ��•�\�'i � �t``\� '��� "�/,.__ r nStY,A�TC� MfA�N 800 `� � ,`'�o ! _ Irv, /._t,• '_" I `� '�+�..n 7f I( _i /T !` �• f J ind ill," Windmill _�.i _7- 8•-• \.-oar�= s=== _ / ?�Sai j.'\.f� \ \ o" °. M 820 �� , '♦: ��. 11 \ t `� y/ j O��' 1 / `l1 �2 //, /•(� i'/l ,�0 I,I / I' t IJ . ..a.../I `l _ i y •'�,,' i�10 / -'� '` r / J�7 ♦� \� `� i O �� !I t`I\ fly"_ ,Y /7 i I //, 1 1 `\ .i.-' ;SE'�`•., O�� A`D:ED REAS ABOVE j °P 1'EL D\:M SL-NORTH SIDE/IV ° - PROS, E PLANE. REMAINING �((L;l�`'� , AREQ`S BELOW ELEV. •820 % \ ✓ r� tit 6/� 1 \, ,� \ '`lU�l � � `14�NQ 1D� I]! PRESSURE �,.,, ✓ /1 rfi�5° _:jl �I �' ! �II�; ` 1_,JI 1, P bBFM �\ I� Ill \d i r" r-... _,00 EXIST. 36" W � ((��/" , ,%,n .. ;�t,c., � .') � CCC1•�,�`I IIIt, �___, r ! I ._ � .t ,�'' --�-• l \ N. NOTE: LINE SIZE SHOWN k f 1 / �� 11 `: :\ti1;), t : l \ ` , , \, ; ROAD' _ EN THEE5 SS-is__--- -- ! 1 PARK .�°'... THA! REQUIRED' TO j 7 /'(B fG /SER E HAPEL HIL}y DEV LOPMENT DATE: 08/29/02 PRELIMINARY WATER LINE ALIGNMENT ..:, m DRAWN 8Y. YZW DESIGNED 6Y: cas GG(� OF FORT WORTH,-TEXAS ��� ��` 0 Dc CHECKED 8Y: CPS PROJ. NO. 03-0774-02 REALTY CAPITAL CORP. Huitt ON ,+ II g !At c hitecture 1111 S. MAIN STREET, SUITE 200 500 ' 7t 1e� po It h,T xas 76102 SHEET: EXHIBIT A GRAPEVINE, TEXAS 76051 Pho (81 �(y°re,1� sx(e1 )335-1025 PH (817) 488-4200 0 IV r died �m in milli 8a9 t I � /��� � / D ! h\ •\ ,-• �..._._i '� kp\\ � ZH? NDS RANCH It -� .�, �� r �-}..� %/' 1�` t(f l\ t :\\\ ,l'• I I, � 1;!1� � _/-.? ,�, � f \=o� �.. uj� �i i II -��_-/ 'C t l�/ +� \ `� '• ',4� I> / it Hic 0 ILA ■'I / ,i,/(r (` \` \, /�`-'�vit .J-• I f- 1 ' f!H1I� �j�-�l Jri r / _� `._.J,� \,�'• •',t� S'.,.. �, I 800 � ;.� ;� x8a8--} �, �` '�_; � -- r i._•,;, � -� • _-- { \ ,- `'•tea � Ind III•' i!/ .._) l' X NI'i,i `��, !f iif �' / ' �• ` '-.,•; 7¢ ° '' ° 7 I° r °�, \s===- `=�=-y /Ft 820�W`lBas/� o i l III zz /" J P ;C�PQ �AIr9I 1 A '''r 750 ����}_ �� t � ��i/ � ''fix Its •``�� ---�`;�`�( - wl \'-•!�"r� 'B.Q? 094 N o NOTE: LINE SIZE SHOWN 1'I PARENTf�€Sls1 _ /XB THAT REQUIRED' I ° j ;j SERVE CHAPEL'. LL--j DEVELOPMENT DATE: 08/29/02 PRELIMINARY SANITARY SEWER ALIGNMENT DRAWN BY: YZW DESIGNED BY: CPS r�p����� ����� JLGLf� OF FORT IYORTH, TEXAS CHECKED BY: CPS ��� ��. �r •� , E PROD. NO. 03-0774-02 REALTY CAPITAL CORP. Hu If rchdecture 1111 S. MAIN STREET, SUITE 200 W. t 5tet3 ''3 orth,Texas 76102 SHEET:EXHIBIT A-1 GRAPEVINE, TEXAS 76051 Ph�' (� 0agl �1�IFax( 1335-1025 PH (817) 488-4200 City of Fort Worth, Texas Mayorand Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/9/02 C-19148 60REALTY 1 of 2 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH REALTY CAPITAL CORPORATION FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE CHAPEL HILL ADDITION, PHASE 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Realty Capital Corporation for the installation of water and sewer services to serve Chapel Hill Addition, a future commercial and residential development on Bond's Ranch Road, west of FM 156 in far northwest Fort Worth. DISCUSSION: Realty Capital Corporation, the developer of Chapel Hill Addition, 1,340 acres of commercial and residential development, has executed a proposed contract for community facilities to serve a development located in far northwest Fort Worth on Bonds Ranch Road, west of FM156. Additional developments in the immediate vicinity include the Bonds Ranch development, Sendera Ranch, and other areas within the Fort Worth CCN (Certificate of Convenience and Necessity) area, which are expected to benefit by the extension of these water and sewer lines. The total cost for the water and sewer improvements for this development is $3,368,100 plus inspection fees. City participation in water and sewer mains is based on oversizing to increase pipe capacity to serve the undeveloped areas and the City's previous plans to construct water utilities for the other developments described above. The developer and the City's estimated costs for water and sewer improvements are shown below: PROJECT COST DEVELOPER CITY TOTAL Water $1,182,800 $1,326,500 $2,509,300 Sewer $ 501,250 $ 357,550 $ 858,800 Easements -0- -0- -0- Inspection $ 33,681 $ 33,681 $ 67,362 TOTAL $1,717,731 $1,717,731 $3,435,462 This development is located in COUNCIL DISTRICT 7. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER I LOG NAME PAGE 719/02 C-19148 60REALTY 2 of 2 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH REALTY CAPITAL CORPORATION FOR CONSTRUCTION OF WATER AND SEWER SERVICES TO SERVE CHAPEL HILL ADDITION, PHASE 1 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Water and Sewer Capital Projects Funds. MO:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 6122 Originating Department Head: Dale Fisseler 8207 (from) APPROVED 07/09/02 P161 539140 060161151070 . $1,326,500.00 Additional Information Contact: P171 539140 070171131060 $ 357,550.00 P161 531350 030161151070 $ 26,681.00 Dale Fisseler 8207 P171 531350 030171131060 $ 7,000.00