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Home My WebLink AboutContract 33859 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No._6� WHEREAS, Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited partnership, by Chapel Hill (Fort Worth) AIP III, L.L.L.P., a Georgia limited liability partnership, as general partner, by Avanti Capital Associates, a Florida joint venture, as general partner, by Avanti Management Partners, J.V., a Florida joint venture, as sole managing venturer; by Avand Development Corporation, a Florida corporation, as managing venturer,hereinafter called"Developer", desires to make certain improvements to Chapel Hill, Phase IA, 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 Marvin Shapiro, 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. .- INITIAL • JAL 1 'o{ `ulp H E R E Chapel Hill,Phase IA Revised Form per Legal December 2004 �� .'::''J�l•: u 0� u G�1 '�- ' f-06 )3: 19 IN D, The Developer shall award all contracts for the construction of community facilities in accordance with Section IL paragraph 7 of the Policy. 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 j DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused in whole or in part, bXthe 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. Gr4iftmee;a34* 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. INITIAL HIRE Chapel Hill,Phase IAN^o � Revised Form per Legal December 2004 �j l� INC I' 11J � `:`jUGaI �1��. K. Developer agrees to provide, at its expense, all necessary rights of way and ea$ements 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 Water (A)attached; Sewer(A-1)attached; RoAd:aag(0) T''ai (a- 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 $424,615. The City agrees to record the location of each said service line in respect to the comer 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 $ 283,656 $ 42,188 $ 325,844 Approach $ 75,907 .$ 22,864 $ 98,771 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Water $ 359,563 1 $ 65,0521 $ 424,615 *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; INITIAL - HERE Chapel Hill,Phase lA Revised Forte per Lege}December 2004 'a� :; _. WATER COST SHARE (Developer pays for 12" water pipe and gate valves. The City pays for 16712"water pipe and gate valves.) Onsite Water Improvements 16"/12"water pipe ($40-$26) 1,864 L.F. x $14 = $ 26,096 16 /12" gate valves ($6,587-$1,223) 3 EA x$5,364 = 16,092 $ 42,188 Offsite Water Improvements 16712"water pipe ($40-$26) 1,250 L.F. x $14 = $ 17,500 16"/12" gate valves ($6,587-$1,223) 1 EA x $5,364 = 5.36 $ 22,864 WATER Unit Price from Pay Item Unit Description Developer's Projects 1 LF 6"Water Pipe $ 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 16"Gate Valve w/Cast Iron box&Lid $ 1,182.00 a 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 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $408,103. 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: Chapel Hill,Phase IA W��!�U,!� Pg��V SID Revised Form per Legal December 2004 7 �; �Y � M 10 SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 359,563 $ -0- $ 359,563 Approach $ 48,540 $ -0- $ 48,540 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 408,1031 $ -0- 1 $ 408,103 *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 $ 359,563 $ 65,052 $ 424,615 Sub-Total Sewer $ 408,103 $ -0- $ 408,103 Total Water and Sewer $ 767,666 $ 65,052 $ 832,7.18 Construction Construction IERection $ 15 353 $ 1,301 $ 16,654 Grand Total 1 $ 783,0191 $ 66,3531 $ 849,372 Chapel Hill,Phase IA ----- Revised Form per Legal December 2004 lN 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 Developer hasnnexecut this instrument in quadruplicate,at Fort Worth,Texas this theQay of rt u ,2006. Approval Recommended: Water Department 4�S. nk Crumb 0I Director Cortr t 1pthoro i zati;:. ATTEST: Date Aistan't orth City Secretary Manager Marty Hendrix Marc A. Ott Approved to Form: DEVELOPER Chapel Hill Venture,L.L.L.P.,a Georgia limited liability limited partnership By: Chapel Hill(Fort Worth)AIP III, L.L.L.P.,a Georgia limited liability Assistant City Attorney partnership,as general partner ATTEST: By: Avanti Capital Associates,a Florida joint venture,as general partner By: Avand Management Partners,J.V.,a Florida joint venture,as sole managing. venturer By. Avand Development Corporation,a Corporate Secretary Florida corporation,as managing venturer Sign,print name and.title Chapel Hill,Phase LA r,, r, Revised Form Legal December 2004 u� ' L ui 1.I C V l U CHAPEL %OFFORT WPROJECT L McCann Brant �BC1C9 AWICLD R RD 0 a e 0 LAK 0 RuAL POOL ELZV bs&(r " VICINITY-MA FiiiSi�Ya �..1./AnelrNalurs CHAPEL HILL PHASE IHU A '-��.. �/� „� ./• , V / / � ' tpV N N N IN4 • N N N N : 1�V : � q • ' � I V U1 10 � Y17` = vi � � ryi ion i 1 I ) 1�._L_l_i. ��. - - - -- --1..L.1� ,6• w ��-�-1-1s�sE�_s�R�'l_�_.1._L_l�.-�� •1 " ~ L_.n� � - 11""',.,-- N 11 w O O -O N •1 // h N n A O •� .�i` � x• ^(. _•r•T-T-I---771_T77--T-717-I --T••. 1 st POND i w n : N ♦ nN : n a : s : � N : � : nN v-`'I � %, /, 11 ' N n N YI N N 9i v '� • � � + ' I !L- a' w r _J L. — ..—..—.. BLOCK � — ""- LEGEND --------------------------------------------------------------------- Ir V PROPOSED WATER LINE —Ex.e• v— EXISTING WATER LINE SCALE (IN FEET) --04 GATE VALVE i 0 100 200 400 FIRE HYDRANT i — — — LIMITS OF PROJECT WATER "EXHIBIT A-1.1" H ITT—ZDUAR [CHAPEL HILL PHASE 1 A 44, ---------------------------------------------------------------------h IV w 1 16, w I 1 1 — I • I N i I 1 1 1 1 1 — I ' L- I I I 1 I ' ------ -------------------------------------------------------------------------------------------- N t �1 1 I I I LEGEND e, w PROPOSED WATER LINE —Ex r w— EXISTING WATER LINE SCALE (IN FEET) GATE VALVE 0 100 200 400 FIRE HYDRANT I — — — LIMITS OF PROJECT i WATER "EXHIBIT A-1.2" Hl1ITT-�J�A�S [CHAPEL HILL PHASE lA � �= � �SS �J� `�I�JIdl�Ifi LG�:o /ter l Al h w •w a rf T7 T1T-TTTTTTTT T • ! •-L..L..L.Ll..1' w .'a' n I-•. ?-r-r-T'T*TTr7-TTT-T- r-. -! i L•� I ' � / i "' N•R 79 « �I 'R'R '�'%1 � 'ii R � I ( I . . uU..1..L.LJ, ; L__.i__i__L.LLL-LAAJ.1.1.1_J_1,�L` '� �'�,•!!!/ f' ��-T1TTT7T�1`1T�f�-1�1TTTT'• � POND NMI LEGEND BL XX 4 . .. PROPOSED SEWER LINE ---------~-------------------------------~------------------� —EX.M EXISTING WATER UNE SCALE (INFEET) PROPOSED SS MANHOLE 0 EXISTING SS MANHOLE 0 100 200 400 FLOW ARROW - - - LMIlS OF PROJECT SANITARY SEWER 'EXHIBIT A-2.1" HL]RT��L�gRS �`�� CHAPEL HILL PHASE JlA �"'�; ��Y» Y wQ I r -------------- ---_---------------------------------------- L----- L.. LEGEND PROPOSED SEWER UNE -DL Y EXISTING WATER LINE SCALE (IN FEET) '- 0 PROPOSED SS MANHOLE 0 EXISTING SS MANHOLE 0 100 200 400 FLOW ARROW UMIlS OF PROJECT I SANITARY SEWER "EXHIBIT A-2.2' HU«_ r � ) CHAPEL HILL PHASE 1 A "��` City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/8/2006 DATE: Tuesday, August 08, 2006 LOG NAME: 60CHAPEL HILL REFERENCE NO.: C-21613 SUBJECT: Authorize Execution of a Community Facilities Agreement with Chapel Hill Venture, L.L.L.P., a Georgia Limited Liability Limited Partnership, by Chapel Hill (Fort Worth) AIP III, L.L.L.P., a Georgia Limited Liability Partnership, as General Partner, for Construction of Water and Sewer Services to Serve Chapel Hill, Phase IA RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Chapel Hill Venture, L.L.L.P., a Georgia limited.liability limited partnership, by Chapel Hill (Fort Worth) AIP III, L.L.L.P., a Georgia limited liability partnership, as general partner; by Avanti Capital Associates, a Florida joint venture, as general partner for the installation of water and sewer services to serve Chapel Hill, Phase IA, a future single-family home development, located in far northwest Fort Worth. DISCUSSION: Chapel Hill Venture, L.L.L.P., the developer of Chapel Hill, Phase IA, has executed a proposed contract for community facilities to serve a single-family development located in the far northwest part of Fort Worth, south of Bonds Ranch Road and East of Madison Street (see attached map). The total cost for water and sewer improvements for this development is $849,372. There will be City participation in water pipe oversizing (16"/12") to increase pipe capacity in the 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 $359,563.00 $65,052.00 $424,615.00 SEWER $408,103.00 $0.00 $408,103.00 INSPECTION $15,353.00 $1,301.00 $16,654.00 TOTAL $783,019.00 $66,353.00 $849,372.00 This development is zoned PD-424 and located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. Logname: 60SOUTHWEST Pagel of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P264 539140 607140044083 $65,052.00 Submitted for City Manager's Office bv. Marc Ott(6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) Logname: 60SOUTHWEST Page 2 of 2