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HomeMy WebLinkAboutContract 33361 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary_ COUNTY OF TARRANT § Contract Nol,�ixl / WHEREAS, One SR L.P., a Texas Limited Partnership by Centamtar Terrace, L.C.C., it's General Partner, hereinafter called "Developer", desires to make certain improvements to Sendera Ranch, Phase III, Section 2B, 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 Mehrdad Moayedi, its duly authorized manager, 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 11, of the Policy. D. The Developer shall award all contracts for the construction of community facilities in accordance with Section 11, 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 th �„ �/;� t ,o N v��t�,'�6��� ���vavC Senders Ranch,Phase 3,Section 213 03-29-06 POS :33 IN �CITY ^�E,�G.L 111 V , U-I � Revised Form per Legal December 2004 F7, ? Ii,i�pM 1 TL61 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: Sendera Ranch,Phase 3,Section 2B � U 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 $189,178. 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 water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 189,178 $ -0- $ 189,178 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- 1 $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 189,178 $ -0- 1 $ 189,178 * 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 $412,504. 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: Sendera Ranch,Phase 3,Section 2B Revised Form per Legal December 2004 7 U ^\n p p SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 365,864 $ 46,640 $ 412,504 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- 1 $ -0- $ -0- Sub-Total Sewer $ 365,8641 $ 46,640 $ 412,504 *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 (The Developer pays for 10" sewer pipe. The City pays for 24'710" sewer pipe.) 24'710" sewer pipe ($48-$26) 2,120 L.F. x $22 = $ 46,640 SEWER Unit Price from Pay Item Unit Description Developer's 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 Sendera Ranch,Phase 3,Section 2B Revised Form per Legal December 2004 TOTAL WATER AND SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 189,178 $ -0- $ 189,178 Sub-Total Sewer $ 365,864 $ 46,640 $ 412,504 Total Water and Sewer $ 555,042 $ 46,640 $ 601,682 Construction Construction Inspection $ 11,101 $ 933 $ 12,034 Grand Total 1 $ 566,1431 $ 47,5731 $ 613,716 Sendera Ranch,Phase 3,Section 2B `JI Revised Form per Legal December 2004 C1T L, ' L 1;KI;i�yS 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 Aay Developer has executed this instrument in quadruplicate, at Fort Worth,Texas this the� of ql)Vh 2006. Approval Recommended: Water Department S. Frank Crumb contrast Authorization Director Date 4TTEST: City Of F W 777 yrs , Cify Secretary Assistant City Manager Marty Hendrix Marc A. Ott Ap proved as to Form: as to Form: torney DEVELOPER One SR L.P., a Texas ATTEST: Limited Partnership by Centamtar Terrace, L.C.C., it's General Partner Corporate Secretary By: �' Me hrdad MQa.c i ' Sign,print name and title Sendera Ranch,Phase 3,Section 2B 6 aIf 7 i 1 1z IL V CSA:' Revised Form per Legal December 2004 �a�L� L�iy �IJr i M o N n O �D O Im W L o a o a 2 m H O y f W LO C + cc't d�g Z A � Vt a 0 T � � 9 Ng R "SERI Ods p e � s ~'otl Atlo 3snoH 'Oki 3Nn A.Nnoo LT s H M y 00 sst m M�+r `I ORS cLLI ~ 01 Z 1_O�, W fIT/' a0 � Z8,�• a �` '�+► Nolsv Gso� I CITY -1 � PQ " N N 0 n p x O N r, - W it cc � Z m LL W N e Q W u Q m �i L m o z H � z X CL w a a aAma iL n I lod \ u Ira I . h • _ • yD7C � v_ _ � .e \ O u I• o r _ _ � P' �� >r t. ... .. 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AIS n. a v) v) - a n- �J' O o - - 00 —` / I n ♦- a cr d' x x d' z d CL w w J CLCD— C n / i C C Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/21/2006 DATE: Tuesday, March 21, 2006 LOG NAME: 60SENDERAPH3 REFERENCE NO.: C-21361 SUBJECT: Authorize Execution of Community Facilities Agreement with One SR L.P., a Texas Limited Partnership by Centimeter Terrace, L.C.C., Its General Partner, for Construction of Water and Sewer Services to Serve Sendera Ranch, Phase 3, Section 2B RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with One SR L.P., a Texas Limited Partnership by Centamtar Terrace, L.C.C., its General Partner, for the installation of water and sewer services to serve Sendera Ranch, Phase 3, Section 213, a future single-family home development, located in far northwest Fort Worth. DISCUSSION: One SR L. P., a Texas Limited Partnership by Centimeter Terrace, L.C.C., its General Partner, the developer of Sendera Ranch, Phase 3, Section 2B, has executed a proposed contract for community facilities to serve a single-family development located in the far northwest part of Fort Worth, east of Willow Springs Road and north of Avondale Haslet Road (see attached map). The total cost for water and sewer improvements for this development is $613,716. There will be City participation in sewer pipe oversizing (24"/10") to increase pipe capacity in the drainage area. The Developer and City estimated costs for water and sewer improvements are subject to construction inspection fees. ESTIMATED COSTS: PROJECT COST DEVELOPER CITY TOTAL WATER $189,178.00 $0.00 $189,178.00 SEWER $365,864.00 $46,640.00 $412,504.00 EASEMENTS $0.00 $0.00 $0.00 INSPECTION $11.101.00 $933.00 $12.034.00 TOTAL $566,143.00 $47,573.00 $613,716.00 This development is zoned A-5 and 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. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2006 Page 2 of 2 P174 539140 070174013371 $46,640.00 Submitted for City Manager's Office bT. Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Carrie McBeth (7585) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2006