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Home My WebLink AboutContract 32288 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.59-01� WHEREAS, Centex Homes, a Nevada General Partnership by Centex Homes Real Estate Corporation, a Nevada Corporation, Managing General Partner, hereinafter called "Developer", desires to make certain improvements to The Quarry, Phase 3, 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 Clint Vincent, 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 infrastcture-shaIl-b administered in conformance with paragraph 8, Section II, the Policy. The Quarry,Phase 3 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 fpa hereof y' The Quarry,Phase 3 Revised Form per Legal December 2004 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 $22,890. 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 City 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- $ 22,890 $ 22,890 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ -0- $ 22,890 $ 22,890 * 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; Due to the expansion of large water lines in the proposed development area, the City is responsible for the cost of all pressure reducing valves. The Quarry,Phase 3 Revised Form per Legal December 2004 TOTAL WATER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Water $ -0- $ 22,890 $ 22,890 Total Water Construction $ -0- $ 22,890 $ 22,890 Construction Inspection $ -0- $ 4,578 $ 4,578 Grand Total $ -0- $ 27,468 $ 27,468 N The Quarry,Phase 3 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 h execut this instrument in quadruplicate, at Fort Worth, Texas this thewly of , 2005. Approval Recommended: Water Department S. Frank Crumb Con act Author' zatiop Acting Director --h ATTEST: City Of Fo Worth City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved as to Form: -- DEVELOPER Centex Homes, a Nevada General Partnership by Assistant 9kAttomey Centex Homes Real Estate Corporation, a Nevada Corporation, Managing General Partner ATTEST: Corporate Secretary By: Sign, print name and title "j The Quarry,Phase 3 '_ ., 4 ° Revised Form per Legal December 2004 N STA. 0+2I.7— DYSTALL x------ 8 z B' TAP SLSEVE ,/8' VALVE, Box k E STA. 0+00—DVSTALL "R Moms L..c.,aN -wA FE- OP—ONS ou af>-525 23]1 « M x oR en 5 B �4eTAP S'L�SEVIl "T N 9n Pss3 r �K Fw,iF n5 FmN k n. 0 KP.L.crt e.s,4NOL 1r/B' QAL VE, BOX& '. W- -- -I DWAttJE GO%OR RO PAiIN 811-PJI-8100 0 20 40 LD). IRAN ,0 WORKS 5lnRu oRi0G010 so BG an—an 0 6 E 5 tt WI£ OM90 E 33 2 e SCALE:1*-40' acs of=�nou o PROP. 8» X12„ BY—PASS` ,/ N� P° 1-37-4731. -. , .,_ " ,P� LOW FLOC PRESSURE — C- 5Td. 0+073 HEST THE APPLICANT APPROVES EDGE OF VAULT. SIZE AND LOCATION OF THE REDUCING/SURGE RELIEF STg, 0F23.5— EAS Y� d SERVICE SHOWN ON THE SKETCH VALVE IN CONC. VAULT EDGE_OF_VAULT _ I 1PATT3 115 -7-GLOBE) sTA,'Ufre= srOVATORE- DATE 8 M.J 0'ROW— i STA20+16.5— INSTALL ' 8'i9O'BEND LSF7: BLOCK 12 THE-oQUARRY PHASE II ti r Lor ...--VAULT BODY-YODEL�800. VAULT PER OLDCASR7Ts PRWAST, OR EQUAL sf —j1111Ir i 1 30 z 30'BLLCO (MODEL#J-4AL)L0). 3 IL II LOT 21 NOTES: R.CONTRACTOR SPoW_PROTELT ALL I r•.1i �r / �- - WNA.S,G TREES,FENCES.RNLESSG —-- I L I ,/�. -1--"' _ //" WALL'S,ISE NOTEDSTRU. NRES.UNLESS �./ /0 \ ,`(l OTHF3PYISE NO7FD. tl ep \/W,\. ,QL 2 •".f 2 tlfi5 DRAWING PREPARED 8+SE1)ON b- ..a•,NC A COMPILATION t E105TING PLATS. .,• AS-BWLM AND STREET INFORMATION. BLUPs,QUARTZ RD':, 3.DIMENSIONS SHALL PREVAIL ONER ANY STATIONING OR NORMWG/EASING W r18- CASE OF DISCREPENCIE& VC W ---- MdPSCO No. 47-H FLOOR SLAB CITY OF FORT WORTH. TEXAS DEPARrADW OF SKGHfAMt G LOT I LOT I 1 LOT 3 , 01 PROP. B'PFJSW 8 R®UCWG VALYB w/2'LOW FLOW BY—PASA PR655UR8 RMVALYB W VAULT AT RtPaR ROQC BLP!? BLOCK 17 $ A BLUE QUARTZ RD 1 THE QUARRY' JOO PROTECT NVMHEKS: DATE S&EET PHASE 11 nrslcx ICO 0607-" AL Pff"_o7O4Wj3frno o7Joe/oo 1 of f a � v CEJ M&C Request Review Page 1 of 2 ... .CFWrolietorg H41160 I COU11til A90FIda I N&C I Employee Directory I Morning Report I Ads I PRS I rT Onfirta I Departineats I site ma-, Pr COUNCIL ACTION: Approved on 8/23/2005 DATE: 8/23/2005 REFERENCE NO.: C-20921 LOG NAME: 60QUARRYPHASE CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Community Facilities Agreement with Centex Homes, a Nevada GE Partnership by Centex Homes Real Estate Corporation, a Nevada Corporation, Managing General Partner, for Construction of Water Services to The Quarry, Phase 3 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes, a Nevada General Partnership by Centex Homes Real Estate Corpora Nevada Corporation, Managing General Partner, for the installation of water services to serve The Qua Phase 3, a future single-family home development, located in far north Fort Worth. DISCUSSION: Centex Homes, a Nevada General Partnership by Centex Homes Real Estate Corporation, a Nevada Corporation, Managing General Partner, the developer of The Quarry, Phase 3, has executed a propos contract for community facilities to serve a single-family development located in the far north part of Fo Worth, east of Old Decatur Road and north of Fieldstone Drive (see attached map). Due to the city's construction of a large water main (54-inch) in the surrounding area, the City is respor for the pressure reducing valves in The Quarry, Phase 3. The developer has previously agreed to pay $329,144 for water and sewer improvements to serve this single-family home development. Therefore total cost for the required pressure reducing valves is $27,468, which includes construction inspection Estimated Cost: PROJECT COST DEVELOPER CITY TOT WATER $0.00 $22,890.00 $22,890 EASEMENTS $0.00 $0.00 $0 INSPECTION $0.00 $4,578.00 $4,578. TOTAL $0.00 $27,468.00 $27,468 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 Water Capital Projects Fund. http://www.cfwnet.org/council_packet/mc review.asp?ID=4446&councildate=8/23/2005 8/24/2005 M&C Request Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P163 539140 060163015126 $22,890.00 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 QuarryPhase3Map.doc http://www.cfwnet.org/council_packet/mc review.asp?ID=4446&councildate=8/23/2005 8/24/2005