HomeMy WebLinkAboutContract 35656 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract Noa,-�u
WHEREAS, Vista Crossroads I, Ltd., a Texas Limited Partnership, by Legacy
Capital Partners II, Ltd., its Manager, by Legacy Capital Company II, its General Partner
hereinafter called "Developer", desires to make certain improvements to Vista
Crossroads (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 Legacy Capital Partners II,
Ltd., 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, subsequently amended and 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. Notwithstanding anything to the contrary in
the Policy or this Agreement, if Developer elects to provide financial
security pursuant to an Escrow Pledge Agreement between the Ci y qnd
Vista Crossroads,Offsite Water and Sanitary Sewer
Page I of 9
� � � ��
Developer, as permitted by the Policy, under which Developer initially
deposits cash in an amount equal to 125% of the estimated cost of the
Community Facilities into an escrow account established in accordance
with such Escrow Pledge Agreement,the City and Developer may agree to
allow Developer to make timely withdrawals from such escrow account in
an amount equal to construction work completed, as approved and verified
by the Director of the department having jurisdiction over the work, plus
25%of such amount.
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 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 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 Hart, 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).
Vista Crossroads,Mite Water and Sanitary Sewer
Page 2 of 9
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:
Water (A)attached; Sewer (A-1)att4ched; Paving (B) Storm Drain (B-
1)`; Street Lights and Signs(C).
A 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 $2,043,354.
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:
Rl1 P�cVkD
Vista Crossroads,Offsite Water and Sanitary Sewer
Page 3 of 9
NOR YEN
WATER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ -0- $ -0- $ -0-
Approach $ 909,578 $ 1,133,776 $ 2,043,354
Easements $ 71,737 $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Water $ 981,315 $ 1,133,776 $ 2,043,354
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. Public open bid
WATER COST SHARE (The Developer pays for 12" water pipe, gate valves,
and fittings. The City pays for 24712"water pipe, gate valves, and fittings.
The Developer will dedicate 1 acre of usable land at an acceptable site for
the proposed Elevated Tank and necessary easements to the acceptable
site in lieu of cost participation in the tank.)
24712"water pipe ($72.75-$28)
18,176 L.F. x $44.75 = $ 813,376
24/12" ductile iron water pipe ($495-$475)
120 L.F. x$20 = $ 2,400
24712"water pipe other than open cut ($400-$390)
502 L.F. x$10 = $ 5,020
24712"gate valve ($17,010-$1,320)
12 Ea x $15,690 = $ 188,280
2" air and vacuum release valve ($4,300)
7 Ea x $4,300 = $ 30,100
6" blow-off valve with 4' diameter sump manhole ($3,800)
7 Ea x $3,800 = $ 26,600
Ductile iron Fittings ($13,600)
5 Ton x $13,600 = $ 68,000
$ 1,133,776
2. Easements.
Developer shall make good faith efforts through commercially
reasonable negotiations to acquire all real. property necessary for
easements required hereunder at a fair market price, based on appraisals
Vista Crossroads,Offsite Water and Sanitary Sewer
Page 4 of 9
received from Integra Realty Resources, dated as of November 29, 2006,
not to exceed $71,737.00 in the aggregate. The City will be responsible
for all such property acquisition costs in excess of $71,737.00 in the
aggregate solely in accordance with the following two sentences. In the
event that Developer is unable to acquire all real property necessary for
easements required hereunder through good faith efforts and commercially
reasonable negotiations at a fair market price, based on the appraisals
specified above, Developer may acquire any such real property at a higher
sales price, provided that the City first approves such higher sales price
and certifies in writing that sufficient funds have been appropriated by the
City Council for that purpose. In the event that Developer is unable to
acquire any such property at either a fair market price, based on the
appraisals specified above, or at a higher price agreed to by the City, then
the City will use reasonable efforts to acquire such property through the
City's power of eminent domain, in which case Developer will fund the
first $71,737.00 in costs associated with the acquisition of such property
(which costs shall include,but not be limited to,the final purchase price(s)
of the property, any damages awarded to the owners thereof,legal fees and
fees for other professional services related to the eminent domain
proceeding(s)),and the City shall be responsible for all remaining costs.
II. Sewer Facilities
B. Developer shall install sanitary mains as shown on Exhibit A-1, the
estimated cost of which is $630,582. 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 City shall
share in the cost of the sewer improvements as follows:
Vista Crossroads,Offsite Water and Sanitary Sewer
Mll�
Page 5of9
SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Mains within Development $ -0- $ -0- $ -0-
Approach $ 550,813 $ 79,769 $ 630,582
Easements $ -0- $ -0- $ -0-
Services $ -0- $ -0- $ -0-
Engineering $ -0- $ -0- $ -0-
Sub-Total Sewer $ 550,8131 $ 79,769 $ 630,582
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. Public open bid
SEWER COST SHARE(The Developer pays for 10" sewer pipe. The City pays
for 15'710"sewer pipe.)
15"/10" sewer pipe ($64.25-$51)
6,252 L.F. x $13.25 = $ 82,839
16"/10" ductile iron sewer pipe ($500-$470)
138 L.F. x$30 = $ 4,140
15"/10" sewer pipe other than open cut ($335-$390)
140 L.F. x $55 = ($ 7,700)
16"/10" sewer pipe ($60-$46)
35 L.F. x $14 = 490
$ 79,769
TOTAL WATER AND SEWER FACILITIES:
Estimated Estimated City Estimated Total
Developer Cost Cost Cost
Sub-Total Water $ 909,578 $ 1,133,776 $ 2,043,354
Sub-Total Sewer $ 550,813 $ 79,769 $ 630,582
Total Water and Sewer $ 1,460,391 $ 1,213,545 $ 2,673,936
Construction
Construction Inspection $ 29,208 $ 24,271 $ 53,479
Material Testing Fee $ 29,208 $ 24,271 $ 53,479
Grand Total $ 1,518,807 $ 1,262,087 1 $ 2,780,894
Vista Crossroads,OfFsite Water and Sanitary Sewer
Page 6 of 9
III. Special Provisions
A. City agrees that in no event shall Developer's cost under this Agreement
exceed $909,578.00; and that any costs for the construction of the water
facilities contemplated by this Agreement in excess of$909,578.00 will be
the sole responsibility of the City.
B. Assignment of this Agreement is subject to the City's consent. Said consent
will be evidenced by an approved M&C. Developer's assignee will assume
all rights, duties and obligations of Developer, and Developer shall be
released therefrom upon the City's consent to the assignment and such
assignee's providing the City with adequate financial security to guarantee
such assignee's performance of its obligations under this Agreement as
required by paragraph 6,Section II of the Policy.
C. This Agreement supersedes any prior agreements between City and
Developer dealing with offsite water and sewer facilities to serve the
project contemplated by this Agreement.
D. Partial Payments for City's Share of Costs. On or before the fifth (5th)
day of each calendar month during the term hereof, Developer shall
submit to the City (i) an Application for Payment (herein so-called)
describing the work completed on the Community Facilities through the
last day of the previous month, and (ii) invoices relating to such work
previously performed and/or materials installed that are the subject of the
Application for Payment. No later than the tenth (10) day of the month
(the "Review Period") the City shall review and approve the Application
for Payment, and the City shall pay the,authorized recipient the amount
(less any statutory or contractual retainage) requested in the Application
for Payment and approved by the City within twenty-five (25) days after
the earlier of(1) the expiration of the Review Period or (2) approval or
deemed approval of the Application for Payment. If any portion of the
Application for Payment is disputed by the City, then the disputing party
shall deliver to the Developer a written objection notice during the Review
Period setting forth such objections in reasonable detail. The undisputed
portion of the Application for Payment shall be timely paid to the
authorized recipient as provided above. If the City fails to timely and
reasonably object to such Application for Payment as provided above, the
Vista Crossroads,Mite Water and Sanitary Sewer
Page 7 of 9
City shall be deemed to have approved the Application for Payment. If the
City timely and reasonably objects to the Application for Payment,
Developer shall exercise good faith efforts to cure the objectionable items
to the City's reasonable satisfaction, and the process set forth above shall
be repeated until the Application for Payment is completely approved and
fully paid. After the City has paid the funds requested in an Application
for Payment, the Developer will obtain a release and/or waiver of liens,
claims, security interests and encumbrances arising out of the work paid
for by the City and provide copies thereof to the City with each following
Application for Payment. Upon execution hereof, the City and Developer
may execute a consent to assignment of payment form so that payments
due the Developer may be paid directly to its construction contractor. If
Developer assigns its right to payments under this Agreement, Developer
will remain responsible for the payment procedures set forth above.
Vista Crossroads,Offsite Water and Sanitary Sewer
Page 8 of 9
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
�e , per h xecuted this instrument in quadruplicate, at Fort Worth, Texas this the
day of 2007.
Approval Recommended:
Water Department
�A 6�hGt"VVA
S.Frank Crumb
Director
ATTEST:
City Of Fo orth
City Secretary Assi nt City Manager
Marty Hendrix Marc A.Ott
Appro;edt Form:
Assistant me
DEVELOPER
c� Vista Crossroads I,Ltd.,a
Texas Limited Partnership,
Contract Authoriaatioa By GLC Vista Crossroads
q—o LLC , a Texas Limited
Date Liability Company and its
sole General Partner,
By Granite Land Company, a
California Corporation, its
sole Member
By.
Scott D. Wolcott
President ---
Vista Crossroads,Mite Water and Sanitary Sewer
RECORD
Page 9 of 9 I,VI Y SECRETARY
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2007 - Ord. No. 17696-08-2007
DATE: Thursday, August 09, 2007
LOG NAME: 60VISTA REFERENCE NO.: C-22304
SUBJECT:
Authorize Execution of a Community Facilities Agreement with Vista Crossroads I, Ltd., a Texas
Limited Partnership, by Legacy Capital Partners ll, Ltd., its Manager, by Legacy Capital Company II,
its General Partner, for Construction of Offsite Water and Sanitary Sewer Services to Serve Vista
Crossroads and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$1,262,087 from the Water and Sewer Fund to the Water Capital Projects Fund
in the amount of$1,179,127.04 and Sewer Capital Projects Fund in the amount of$82,959.96;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of $1,179,127.04 and the Sewer Capital Projects Fund in the
amount of$82,959.96, from available funds; and
3. Authorize the City Manager to execute a Community Facilities Agreement with Vista Crossroads I, Ltd., a
Texas Limited Partnership, by Legacy Capital Partners Il, Ltd., its Manager, by Legacy Capital Company Il,
its General Partner, for the installation of offsite water and sanitary sewer services to serve Vista
Crossroads, a development located in far northwest Fort Worth.
DISCUSSION:
Vista Crossroads I, Ltd., a Texas Limited Partnership, by Legacy Capital Partners ll, Ltd., its Manager, by
Legacy Capital Company II, its General Partner, the developer of Vista Crossroads, has executed a
proposed contract for community facilities to serve a development located in the far northwest part of Fort
Worth, south of Avondale-Haslet Road and north of SH 287 (see attached map).
The total cost for offsite water and sewer improvements for this development is $2,780,894. There will be
City participation in water pipe oversizing (24"/12") to increase pipe capacity in the development area. The
Developer will dedicate one acre of usable land at an acceptable site for the proposed Elevated Tank and
necessary easements to the acceptable site in lieu of cost participation in the tank. There will be City
participation in sewer pipe oversizing (15710") to increase pipe capacity in the drainage area. The
Developer and City estimated costs for offsite water and sewer improvements are subject to construction
inspection and material testing fees.
ESTIMATED PROJECT COST DEVELOPER CITY TOTAL
WATER $909,578.00 $1,133,776.00 $2,043,354.00
SEWER $550,813.00 $79,769.00 $630,582.00
SUBTOTAL $1,460,391.00 $1,213,545.00 $2,673,936.00
INSPECTION $29,208.00 $24,271.00 $53,479.00
MATERIAL TESTING FEE $29,208.00 $24,271.00 $53,479.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 08/10/2007
Page 2 of 2
TOTAL $1,518,807.00 $1,262,087.00 $2,780,894.00
This development is zoned G and located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Water and Sewer Capital Projects Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
11&2) $1,179,127.04 1)PE45 538070 0609020 $1,179,127.04
P264 472045 6021400635ZZ 1)PE45 538070 0709020 $82,959.96
1&2
P274 472045 7021400635ZZ $82,959.96 264 539140 602140063583 $1,133,776.00
2 $1,133,776.00 3)
P264 539140 602140063583 P264 539140 702140063583 $79.769.00
2) $79,769.00
P274 539140 702140063583
2) $22,675.52
P264 531350 602140063585
1
P274 531350 702140063585
595.48
2) $22,675.52
P264 531200 602140063584
1
P274 531200 702140063584
595.48
Submitted for City Manager's Office by 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 08/10/2007