HomeMy WebLinkAboutContract 31181 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.,
WHEREAS, Legacy/Monterey Homes, L.P., an Arizona Limited Partnership by
MTH — Texas GP, Inc., an Arizona Corporation, its General Partner, hereinafter called
"Developer", desires to make certain improvements to Crawford Farms, Phase IIIA, 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 Michael Gavin, 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 Policy.
E. The contracts for the construction of the public infrastructure shall be
administered in conformance with paragraph 8, Section II, of the Poli ;]
Crawford Farms,Phase IIIA
Revised Form per Legal December 2004
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:
Crawford Farms,Phase IIIA
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.
11. 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 $157,930.
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:
WATER FACILTIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 136,818 $ 19,412 $ 156,230
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services (68 x 1") $ 1,700 $ -0- $ 1,700
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 138,518 $ 19,412 $ 157,930
* 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;
WATER COST SHARE (Developer pays for 8" water pipe. The City pays for
16"/8" water pipe.)
1678" water pipe ($40-$17)
844 L.F. x $23 = $ 19,412
Cly' '
Crawford Farms,Phase IIIA FT. wNiTII4�.:
Revised Form per Legal December 2004
Unit Price from Developer's
Pay Item Unit Description Projects
1 LF 6"Water Pie $ 15.00
2 LF 8"Water Pie $ 17.00
3 LF 10"Water Pie $ 24.00
4 LF 12"Water Pie $ 26.00
5 LF 16"Water Pie $ 40.00
6 EA 8" Gate Valve w/Cast Iron box& Lid $ 676.00
7 EA 10"Gate Valve w/Cast Iron box & Lid $ 1,182.00
8 EA 12"Gate Valve w/Cast Iron box & Lid $ 1,223.00
9 EA 16"Gate Valve w/Cast Iron box & Lid $ 6,587.00
10 TN Cast Iron/Ductile Iron Fittings $ 2,969.00
Install 1"Air&Vacuum Release Valve
11 EA w/Vault $ 3,534.00
Install 4" blow-Off w/4"Gate Valve&
12 EA Sump Manhole $ 3,624.00
CITY
Crawford Farms,Phase IIIA
Revised Form per Legal December 2004
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $152,445. 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:
SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ 122,965 $ -0- $ 122,965
Approach $ -0- $ -0- $ -0-
Easements* $ -0- $ -0- $ -0-
Services (82 x 4") $ 29,480 $ -0- $ 29,480
Engineering $ -0- $ -0- 1 $ -0-
Sub-Total Sewer 1 $ 152,4451 $ -0- 1 $ 152,445
*To be dedicated by the developer.
The costs stated herein may be based upon construction estimates rather
than actual cost.
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 138,518 $ 19,412 $ 157,930
Sub-Total Sewer $ 152,445 $ -0- $ 152,445
Total Water and Sewer $ 290,963 $ 19,412 $ 310,375
Construction
Construction Inspection $ 5,819 $ 388 $ 6,207
Grand Total 1 $ 296,7821 $ 19,8001 $ 316,582
Crawford Farms,Phase IIIA
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 May of
200
Approval Recommended:
Water Department
, ^ �Aw —
S. Frank Crumb Contract Authorization
Acting Director J
Date
ATTEST:
ity Of Fort Wort
v r
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City Secretary Assistan City Manager
Marty Hendrix Marc A. Ott
Approved as to Form:
ssistant ity Attorney
DEVELOPER
Legacy/Monterey Homes,
ATTEST: L.P., an Arizona Limited
Partnership by MTH — Texas
GP, Inc., an Arizona
Cororation, its General
fP 'e
Corporate Secretary
t name an ti �� 'esu'
My SECRETAIMR'
Crawford Farms,Phase IIIA
Revised Form per Legal 2/21/03 � ���� � �
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/4/2005
DATE: Tuesday, January 04, 2005
LOG NAME: 60CRAWFORD REFERENCE NO.: C-20482
SUBJECT:
Authorize Execution of Community Facilities Agreement with Legacy/Monterey Homes, L.P., an
Arizona Limited Partnership by MTH — Texas GP, Inc., an Arizona Corporation, Its General Partner,
for Construction of Water and Sewer Services to Serve Crawford Farms, Phase IIIA
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Legacy/Monterey Homes, L.P., an Arizona Limited Partnership by MTH — Texas GP, Inc.,
an Arizona Corporation, its General Partner, for the installation of water and sewer services to serve
Crawford Farms, Phase IIIA, located in north Fort Worth.
DISCUSSION:
Legacy/Monterey Homes, L.P., has executed a proposed contract for community facilities to serve a
single-family development located in the far north portion of Fort Worth, east of Old Denton Road and
south of Sunset Hills (see attached map).
The total cost for water and sewer improvements for this development is $316,582. There will be City
participation in water 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 $138,518.00 $19,412.00 $157,930.00
Sewer $152,445.00 $0.00 $152,445.00
Easements $0.00 $0.00 $0.00
Inspection $5,819.00 $388.00 $6,207.00
Total $296,782.00 $19,800.00 $316,582.00
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
Water Capital Projects Fund.
T.nannme- AW"R A VJP(IRD
TO Fund/Account/Centers FROM Fund/Account/Centers
P163 539140 060163015130 $19,412.00
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)
T.nvnsmP• Ff)CR A WFORT) Parra of