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Home My WebLink AboutContract 33090 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 0 CL 11 WHEREAS, The Enclave on Golden Triangle Investors, L.P., by Enclave on Golden Triangle GenPar II, L.P., a Texas limited partnership, its general partner, by Enclave on Golden Triangle GenPar, LLC, a Texas limited liability company, its general partner, hereinafter called "Developer", desires to make certain improvements to The Enclave On Golden Triangle Offsite Water, 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 Richard E. Simmons, its duly authorized 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 Pow Enclave On Golden Triangle Offsite Water Revised Form per Legal December 2004 E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section H, 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 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 nekligence 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 agreeme - Enclave On Golden Triangle Offsite Water' Revised Form per Legal December 2004 d 1 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) ; 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 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 $116,970. 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 $ -0- $ -0- $ -0- Approach $ 68,305 $ 48,665 $ 116,970 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 68,305 $ 48,6651 $ 116,970 * 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; Enclave On Golden Triangle Offsite Water Revised Form per Legal December 2004 WATER COST SHARE (Developer pays for 12" water pipe, gate valve, and fittings. The City pays for 16712" water pipe, gate valve, and fittings.) 16"/12" water pipe ($40-$26) 2,263 L.F. x $14 = $ 31,682 16712" gate valve ($6,587-$1,223) 3 EA x $5,364 = $ 16,092 Cast Iron Fittings ($2,969/ton) 0.3 Ton x $2,969 = $ 891 $ 48,665 WATER Unit Price from Pay Item Unit Description Developer's 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 11 EA Install 1"Air&Vacuum Release Valve $ 3,534.00 w/Vault 12 EA Install 4" blow-Off w/4"Gate Valve & $ 3,624.00 Sump Manhole TOTAL WATER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ 68,305 $ 48,665 $ 116,970 Total Water Construction $ 68,305 $ 48,665 $ 116,970 Construction Inspection $ 1,366 $ 973 $ 2,339 Grand Total $ 69,671 $ 49,638 $ 119,309 Enclave On Golden Triangle Offsite Water 2s ^ c V Revised Form per Legal December 2004 f !l 1 ,f 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 sai' Developer has executed this instrument in quadruplicate, at Fort Worth,Texas this th4Day of 72004 Approval Recommended: Water Department S. Frank Crumb Director ATTEST: City O rt Worth City Secretary Assistant City Manager Marty Hendrix- Marc A. Ott ApprO:'ed as to Form: DEVELOPER The Enclave on Golden Triangle Investors, L.P., by ` Enclave on Golden Triangle A sist Ci y Attorney GenPar II,L.P., a Texas limited partnership, its gen. partner, by Enclave on ATTEST: contraot nuthorizrtttiox Golden Triangle GenPar, LLC, a Texas limited liability company, its general partner Date Corporate Secretary By: a,S)M&yrj , PUAJI" Sign,print name and title UU I i, ' Enclave On Golden Triangle Offsite Water v" :•d��'� ��i)y Revised Form per Legal December 2004 '1 C' 'e :. I�s 1•.!' SCALE 1" = 2000' lot �I ' mr v , i --all PROJECT - QQtr.pf LOCATION jW F P7 'j � ice GOLDEN TRIANGLE BLVD r 4 51. pply IC q+ _j; 'z Ray WhkelR-�d--- C� �. _ f _ti Dr _ T( v C'}, THE ENCLAVE ON GOLDEN TRIANGLE LOCATION MAP ! I r'RIVA Zr PAllnlE ! � I—r -PRlVAIEFnIt'PJ a_L_r� •P�� 1 -°_��, �. N (�[ �� -�. I_--r �I ,fir � I-� �,.. r_� � >� _ �➢_1J`I+ �)L_J[".�_(" PRNATE FN I SCALE 1" = 300' MATE e'wertx iwC : MATE FN 1 W I � : hlI• lf Ra `3 < �rti '_.�J I artn(Ewcxrrnn�ttt5s wry r ars cr re•ri soar er me w aw art i I Ex a•'ME fart or rffUn) � I i �__— I a r er fart 0,nuoe) PUBLIC 16'WATER UNE PUBLIC 8'WL PUBLIC 8'WL [#.IB•wt "=0.JEk fR!AN!:LE BLVD. onhcaw r aa.aTr�ta.chm r OL afF,/la.am � _r r+6re1B um ML r low rMkr fir it 21' WW SLEW -� `Y HeD1T1aM sola r eealonrarB sync:- �' es If w it oL stuff r wolf a FARM ear eVtcTex eaa LS er01110 Mw M art W/lrsl4r- .. FX.16,ra g W 01TE MW 14pe e'air wil[---__ Ir MTF MUE r aye vw�� i 1r are MUE EX, � 16.GATE J �*1T�PNE VALVE ;so o.36.civF� SCALE 1'a 60' SCALE 1'= 60' '' SCALE 1 - 60 - LEGEND EXHIBIT "A" PROPOSED 16' WATER UNE c>> WATER SYSTEM PRIVATE 8'WATER UNE Lol FOR THE ENCLAVE ON GOLDEN TRIANGLE EXISTING WATER UNE -+- PRfVATE FIRE HYDRANT Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/10/2006 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, November 29, 2005 LOG NAME: 60THEENCLAVE REFERENCE NO.: C-21174 SUBJECT: Authorize the Execution of Community Facilities Agreement with The Enclave on Golden Triangle Investors, L.P., by Enclave on Golden Triangle GenPar II, L.P., a Texas Limited Partnership, its General Partner, by Enclave on Golden Triangle GenPar, LLC, a Texas Limited Liability Company, its General Partner, for Construction of Offsite Water Services to Serve The Enclave on Golden Triangle RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with The Enclave on Golden Triangle Investors, L.P., by Enclave on Golden Triangle GenPar II, L.P., a Texas limited partnership, its general partner, by Enclave on Golden Triangle GenPar, LLC, a Texas limited liability company, its general partner, for the installation of offsite water services to serve The Enclave on Golden Triangle, a future development, located in far north Fort Worth. DISCUSSION: The Enclave on Golden Triangle Investors, L.P., by Enclave on Golden Triangle GenPar II, L.P., a Texas limited partnership, its general partner, by Enclave on Golden Triangle GenPar, LLC, a Texas limited liability company, its general partner, the developer of The Enclave on Golden Triangle, has executed a proposed contract for community facilities to serve a development located in the far north part of Fort Worth, north of Golden Triangle Boulevard and east of Alta Vista Boulevard (see attached map). The total cost for offsite water improvements for this development is $119,309.00. There will be City participation in water pipe (16"/12") oversizing to increase pipe capacity in development area. The estimated cost for offsite water improvements are subject to construction inspection fees. ESTIMATED COSTS: PROJECT COST DEVELOPER CITY TOTAL WATER $68,305.00 $48,665.00 $116,970.00 EASEMENTS $0.00 $0.00 $0.00 INSPECTION $1,366.00 $973.00 $2,339.00 TOTAL $69,671.00 $49,638.00 $119,309.00 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 Project Fund. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/27/2006 Page 2 of 2 TO Fund/AccountlCenters FROM Fund/Account/Centers P164 539140 060164015411 $48,665.00 Submitted for City Manager's Office b 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 1/27/2006