HomeMy WebLinkAboutContract 30380 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
a
COUNTY OF TARRANT § Contract No.
WHEREAS, Beechwood Creeks, Ltd., by its Sole General Partner, Gee
Development Services, Inc., a Texas corporation, hereinafter called "Developer", desires
to make certain improvements to Beechwood Creeks Phase 1, Blocks A,B, C, & J, 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 James Stephen Gee, its duly
authorized Sole General Partner's 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 11, of the Policy;__
V
:4w
Beechwood Creeks Phase 1 �
Revised Form per Legal 2/21/03
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 nejeligence 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).
Beechwood Creeks Phase 1
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 $246,261.
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 share bear the cost of the water improvements as follows:
WATER FACILTIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
$ 190,461 $ -0- $ 190,461
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Service 138-1" $ 55,800 $ -0- $ 55,800
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Water $ 246,261 $ -0- 1 $ 246,261
* To be dedicated by the developer
1. 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 $280,267. 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:
Beechwood Creeks Phase 1 V
Revised Form per Legal 2/21/03 l
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 217,929 $ 7,138 $ 225,067
Approach $ -0- $ -0- $Easements* $ -0- $ -0- $ -0-
Services (138) $ 55,200 $ -0- $ 55,200
Engineering $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 273,129 $ 7,138 $ 280,267
Sub-Totals, Water $ 246,261 $ -0- $ 246,261
Total of Water and Sewer
Const. $ 519,390 $ 7,138 $ 526,528
Construction Inspection $ 10,388 $ 143 $ 10,531
*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;
or
C. City participation for water and sewer improvements is calculated as
follows:
SEWER COST SHARE (Developer pays for 8"sewer pipe . The
City pays for 12"/8" sewer pipe.
12"/8" water pipe ($27-$25)
3,569 L.F. x $2 = $ 7,138
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
= $ 7,138
Beechwood Creeks Phase 1
Revised Form per Legal 2/21/03
1N 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 triplicate, at Fort Worth, Texas this the 0ay of
, 2004.
Approval Recommended:
Water Department
Dale A. Fisseler, P. E.
Director
ATTEST: City Of Fort Worth
13
Marty Hendrix Marc Ott
City Secretary Assistant City Manager
Approved as to Form: Dwo?)
Contr ct Authoriz tion
DatC
Assistant 01ty Attorney
DEVELOPER
Beechwood Creeks, Ltd.,
by its Sole General Partner,
Gee Development Services, Inc., a
Texas corporation
ATTEST:
Corporate §ecret
)a4mes �teJen_O , Pr ident of
ole General Par tn
Beechwood Creeks Phase 1
Revised Form per Legal 2/21/03
v
3
Y,
r
v
m
fill
goo
A .00 � 'dam S II II _ rM1
A P JR F-R
cyW
Of
Ld
Lli
--��
cr-
_a J.
.\ XQ \
w3 w
0 F
w L a- ` s w Q
a Q �`�/" J w o Q
S/x ` w = >-
LLI
r\
a o Q w Ld
a
/ +�1 W 0 W
o F- o F-
\ 4 O V) O T
s\ Elf X 0:� X
0- W 0- W
3NIl HDIVV4
F .
I -
W
- _ cV Q /�
LLJ
f
a a a0
to
.00 Qs
s
LLJ
Lij
LLJ
s
"
i
w � w
"
/� w
,-�� / Lli
Ckf V)
a \
Lli
�:�, - 3NIl HOIVN
... W ;17�i•'If1
W Y ! W
LLJ
� J
Q � W
� AV
O
O z O z
V, 0 V,
�J d W d W
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/25/2004
DATE: Tuesday, May 25, 2004
LOG NAME: 60BEECHWOOD REFERENCE NO.: C-20093
SUBJECT:
Approval of Community Facilities Agreement with Beechwood Creeks, Ltd. for Construction of Water
and Sewer Services to Serve Beechwood Creeks Phase 1, Blocks A,B,C and J
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Beechwood Creeks Ltd., for the installation of water and sewer services to serve
Beechwood Creeks Phase 1, Blocks A,B,C and J.
DISCUSSION:
Beechwood Creeks Ltd. has executed a proposed contract for community facilities to serve a single-family
development located in far north Fort Worth, south of the Texas Motor Speedway and Hwy.114, and west
of 1-35W(see attached map).
The total cost for water and sewer improvements for this development is $526,528. There will be City
participation in sewer 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 $246,261.00 $0.00 $246,261.00
Sewer $273,129.00 $7,138.00 $280,267.00
Easements $0.00 $0.00 $0.00
Subtotal $519,390.00 $7,138.00 $526,528.00
Inspection $10,388.00 $143.00 $10,531.00
Total $529,778.00 $7,281.00 $537,059.00
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
Sewer Capital Projects Fund.
Loizname: 60BEECHWOOD PaoP 1 of
TO Fund/Account/Centers FROM Fund/Account/Centers
P173 539140 070173013101 $7,138.00
Submitted for City Manager's Office by; Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
T.nuname- 60RFFC HW()()T-) pane ') nf7