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
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M&C Request Review Page 1 of 2
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COUNCIL ACTION: Approved on 6/7/2005
DATE: 6/7/2005 REFERENCE NO.: C-20784 LOG NAME: 60HERITAG
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Approval of Community Facilities Agreement with Hillwood Residential Services, L.P., a TE
Limited Partnership by Hillwood Development Corporation, a Texas Corporation, Its Gener
Partner for Construction of Offsite Water and Sewer Services to Serve Heritage Addition, F
3B
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Hillwood Residential Services, L.P., a Texas Limited Partnership by Hillwood Developr
Corporation, a Texas Corporation, its general partner, for the installation of offsite water and sewer ser
to serve Heritage Addition, Phase 3B, a future single-family home development, located in far north Foi
Worth.
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