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HomeMy WebLinkAboutContract 15610 ~ ^ ^ COMMUNITY FACILITIES AGREEMENT CITY SECORETARY STATE OF TEXAS § COUNTY OF TARRANT 6 WHEREAS, Trinity Ranch Joint Venture, a Texas Joint Venture consisting of Trinity Development , a Texas Joint Venture, and 8OBCO8P, INC. , a New Mexico corporation, hereinafter called " Developer " , desires to make certain improvements to Trinity Ranch Off-Site Sewer Main, Section l, an addition to the , City of Fort Worth, Texas; and WHEREAS , the said Developer has requested the City of Fort Worth , O municipal corporation of Tarrant County, Texas, hereinafter Called "City" , to do Certain work in connection with Said improvements; NOW, THEREFORE, KNOW ALL MEM BY THESE PRESENTS: That said Developer , acting herein by and through its duly authorized representatives, and the City, acting herein by and through David A. Ivory, its duly authorized Senior Assistant City Manager, for and in Consideration of the covenants and agreements herein performed and to be performed , do hereby cODve0nDt and agree as follows, to-wit. TRINITY RANCH OFFSITE SEWER MAIN SECTION I WATER AND/OR SANITARY SEWER FACILITIES A. The City agrees to install, by contract or otherwise, or, if Developer shall so elect, to permit the Developer to let a contract for , in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City' s Policies and Regulations for Installation of Community Facilities, all as current at the time of installation: SEWER FACILITIES shown on the attached Exhibit"Trinity Ranch Offsite Sewer Main Section I" , all in accordance with plans and specifications to be prepared by the Engineering Division of the Water Department, or, if Developer shall so elect, by private engineers employed by the Developer and approved by the Water Department. B. The construction cost of the sewer facilities herein concerned, exclusive of service lines and engineering is estimated to be One Million Eight Hundred Thirty Nine Thousand Nine Hundred Eighty Four Dollars ($1,839,984) . C. Prior to the award of the construction contract by the City, or the commencing of any work by the City or its contractors , if the Developer does not award his own contract, the Developer agrees to pay to the City: One hundred percent (100%) of the cost of all approach sewer mains outside the limits of his development, except that if a main larger than a 24-inch size is required, the developer shall pay 100 percent of the cost of such larger main reduced by City participation in the cost of such larger size main as follows: City Participation as Main Size to be % of Contract Cost of Constructed Main Size to be Constructed 30" 13% 36" 24% D. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-C above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: (1) Water Facilities: Estimated Estimated Developer Total City Cost Cost Cost (a) Main: Within Development -0- -0- -0- Approach -0- -0- -0- (b) Service (None) -0- -0- -0- Sub-Totals, Water -0- -0- -0- I-1 o TRINITY RANCH OFFSITE SEWER MAIN SECTION I (2) Sanitary Sewer Facilities: Estimated Estimated Developer Total City Cost Cost Cost (a) Main: Within Development -0- -0- Approach (1) $408,931 $1,431,053 $1,839,984 (b) Service (None) -0- -0- -0- Sub-Totals, Sewer $408,931 $1,431,053 $1,839,984 Grand Totals $408,931 $1,431,053 $1,839,984 E. The above charges do not include any "per connection" charges for connection to existing or proposed sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Sub-Paragraph (3) , IV-7 of the Policies and Regulations for "INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972. These additional charges are as follows: Not applicable to this Contract XXXX Applicable to this Contract in the amount of by Ordinance No. dated F. Within a reasonable time after completion of the above referenced facilities to be constructed by the City or by contract awarded by the City or by the Developer , the City and Developer agree to an adjustment of the Developer's payment as set out in 1-D hereinabove, so as to conform said payment to actual construction costs and actual service costs under the provisions of the current Fort Worth City Code, (said adjustment to be calculated as payment in 1-D above) , but based on actual quantities as reflected in the final estimate paid to the Contractor by the City or by the Developer, and/or in the event any portion of the facilities are installed by City forces , on the actual records of cost , kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual costs exceed $25, Developer agrees to pay to the City any underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. G. Work hereunder shall be substantially completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the failure to substantially complete such construction within two (2) years from date hereof, except for refunds due from "perconnection charges" on sanitary sewers I-2 `� TRINITY RANCH OFFSITE SEWER MAIN SECTION I and from "front foot charges" on water mains, both of which refunds may continue to be made for a period of twenty (20) years after the date hereof, as elsewhere provided herein. In the event water and/or sanitary sewer facilities work is not substantially completed within the two (2) year period, City may, at its election, complete such work at Developer's expense. H. Not withstanding anything to the contrary contained herein, within a reasonable time following the completion of the construction of facilities referenced in Paragraph 1-A above, the City shall reimburse the Developer for the City' s proportionate share (as referenced in Paragraph I-C and I-D) , provided all conditions for "option permitting developer to let his own contracts for water and sanitary sewer facility construction," being part of the "Policy for the Installation of Community Facilities," have been met and the "Conformation of Award of Contract" for Trinity Ranch Offsite Sewer Section II has been issued by Engineering Division of the Water Department. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. RECOMMENDED: Richard W. Sawey, irect Water Department Date: I-3 f TRINITY RANCH OFFSITE SEWER SECTION I NOTES FOR SHEET 1-2 Note (1) . Cost breakdown between Developer and City for 30" and 36" approach sewer line as shown below: Total Cost of 30" Sewer Line 308 LF of 30" sewer(0-8 ' deep) x $68/LF = $ 20 ,944 1790 LF of 30" sewer(8 ' -12 ' deep)x$70/LF= $125 ,300 2 each 5 ' std manhole x $2 ,500/EA = $ 5 ,000 5 LF of extra depth of manhole x $100/EA= $ 500 1575 CY of type "B" backfill x $7 . 10/CY = $ 11 ,183 Total cost of 30" sewer line 162 ,927 City cost , equal to 13% of total cost is $ 21 ,181 Total Cost of 36" Sewer Line 510 LF of 36" sewer (0-8 ' deep)x$75/LF = $ 38 ,250 2840 LF of 36" sewer (8 ' -12 ' deep)x$80/LF = $227 ,200 1240 LF of 36" sewer (12 ' -14 ' deep)x$85/LF = $105 ,400 89 LF of 36"* sewer (0-8" deep)x$110/LF = $ 9 ,790 400 LF of 36"* sewer (8 ' -12 ' deep)x$100/LF = $ 40 ,000 690 LF of 36"* sewer (16 ' -20 ' deep)x$110/LF = $ 75 , 900 550 LF of 36"* sewer (20 ' -24 ' deep)x$120/LF = $ 66 ,000 390 LF of 36" * sewer(24 ' -28 ' deep)x$150/LF = $ 58 ,500 150 LF of 36"* sewer (28 ' -32 ' deep)x$160/LF = $ 24 ,000 220 LF of 36" * sewer (32 ' -36 ' deep)x$200/LF= $ 44 ,000 170 LF of 36"* sewer (36 ' -40 ' deep)x$240/LF = $ 40 ,800 30 LF of 36"* sewer (40 ' -44 ' deep)x$250/LF = $ 7 ,500 1250 LF of 36" sewer (Bore)x$606/LF = $757 ,500 8 EA 5 ' Std Manholes x $2 ,500/EA = $ 20 ,000 1 EA Std Shallow Manhole x $1 ,500/EA = $ 1 ,500 85 LF Extra Depth of Manholes x $100/LF = $ 8 ,500 340 LF of Paving Repair x $30/LF = $ 10 ,200 11,350 CY of Type "B" Backfill x $7 . 10/CY = $ 80 ,585 Total Cost of 36" sewer = $1 ,615 , 625 City Cost , equal to 24% of t6..tal cost is $ 387 ,750 Total City Cost is $ 408 ,931 *Class IV RCP Pipe 1-4 II STREET AND STORM DRAINAGE IMPROVEMENTS There is no paving or storm drainage in this project. Transportation and Public Works Department will not require a community facilities contract . Recommend ed � �z" Gary L. Santerre, P. E. Director of Transportation and Public Works Date Based on Policy Adopted January 7, 1986 i CONTRACT FOR: TRINITY RANCH, OFFSITE SANITARY SEWER, SECTION I III STREET LIGHTS No street lights will be required in this contract. Gary L. Santerre, Director of Transportation/ Public Works 3-13-86 1 1 Trinity Ranch Offsite Sanitary Sewer Sec. I Il �rr 11 1 IV STREET NAME SIGNS No street name signs will be required in this contract. Gary L. Santerre, P.E. Director of Transportation and Public Works 3-13-86 Trinity Ranch Offsite Sanitary Sewer Sec. I i IV-1 t ° i V. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the developer shall employ a civil engineer, licensed to practice in the State of Texas , for the design and preparation of plans and specifications for the construction of all facilities covered by this contract, subject to Paragraph B. B. For any project estimated to cost less than $10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the city to provide the design engineering, and if such request is granted the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all facilities , the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Public Works Director, Transportation Director, and/or Water Department Director will be final . D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth, and developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. E. The life of this contract shall be two (2) years and it is understood that any obligation on the part of the City to make any refunds hereunder shall cease upon the expiration of two (2) years from the date of execution of this contract, except for refunds due from "per connection charges" on sanitary sewer and from "front foot charges" on water mains, both of which refunds may continue to be made for a period of twenty (20) years; provided, that if the construction under the Community Facilities contract shall have started within the two-year period, the life of the Community Facilities contract shall be extended for an additional one-year period . Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all up-dated agreements being in compliance with the policies in effect at that time. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities contract that any of the facilities or requirements included in the contract that are to be performed by the developer but not performed by the developer within the time periods stated above, may be completed by the City at the developer' s expense, and the City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. (SEE ADDENDUM 1) V-1 F. Performance and Payment Bonds, certificates of deposit, irrevocable letters of credit or cash deposits are required for streets, storm drains and street lights, and must be submitted prior to execution of the contract for installation of community facilities by the City. The bonds should be standard Performance and Payment Bonds as provided by a licensed surety company ( on forms provided by that surety company) ; a cash deposit may be made to the Treasury of the City of Fort Worth; or a certificate of deposit or irrevocable letter of credit may be from any financial institution in the Fort Worth/Dallas Metroplex which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay interest on any deposit made hereunder in the Treasury of the City of Fort Worth. ( a) The developer shall execute four (4) copies of a letter assigning the deposit to the City of Fort Worth and providing for the City to withdraw the deposit if necessary to complete construction or on account of any default by the Developer of any terms or conditions contained in this agreement . Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities, the City of Forth Worth shall reassign the deposit to the developer, including accrued interest or dividends thereon, upon express order of the City Manager. 1. When the option is exercised to provide a certificate of deposit in a financial institution, the following terms and conditions shall apply: (a) The developer shall execute four (4) copies of a letter assigning the deposit to the City of Fort Worth . Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities, the City of Fort Worth shall reassign the deposit to the developer, including accrued interest or dividends thereon, express under order of the City Manager. 2. When the option is exercised to provide an irrevocable letter of credit from an authorized financial institution, the form of the letter shall be approved by the Department of Law. The international letter of credit form used by banks is normally acceptable. 3. Performance and Payment Bonds certificates of deposit, letters of credit or cash deposits will be furnished in the amounts as required below: ( a) 100 percent of the estimated developer' s share of the cost of the storm drain. V-2 �XL (b) 100 percent of the estimated developer' s share of the cost of streets. (c) 100 percent of the estimated developer' s share of the cost of the street lights. (d) A cash payment of the developer ' s share of the cost of the project is required prior to initiation of construciton of water and sanitary sewer facilities. (e) A cash deposit, Performance and Payment Bonds or Letter of Credit acceptable to the City for the developers cost of paving a border street on an assessment basis (Reference Section VI , Item 3, Development Procedures Manual ) . 4. For construction of water and/or sanitary sewer facilities , a certificate of deposit , irrevocable letter of credit , or cash deposit (providing for partial drawings) , in the name of the City, shall be furnished to the City as set out below: (a) Where the developer lets the contract, 100 percent of the estimated contract cost of construction, as stated in the construction contract, is required simultaneous with execution of the construction contract; or, (b) Where the City lets the contract, 100 percent of the developer' s share of the construction contract cost is required prior to issuance of a work order by the City. 5. ( a) Performance and Payment Bonds, Letters of Credit, Certificates of Deposit , and cash deposits furnished hereunder shall be for the purposes of guaranteeing satisfactory compliance by the Developer with all the requirements, terms and conditions of this agreement, including, but not limited to, the satisfactory completion of the improvements prescribed herein, and the making of payments to any person, firm, corporation or other entity with whom the Developer has a direct contractual relationship for the performance of any work hereunder. (b) Developer shall keep said Performance and Payment Bonds , Letters of Credit , Certificates of Deposit, and/or cash deposits in full force and effect unti 1 such time as Developer has fully complied with the terms and conditions of this agreem ent, and failure to keep same in force and effect shall constitute a breach of this agreement . V-3 In this connection, all Letters of Credit furnished hereunder shall be renewed annually in the amounts designated by the City, and the renewed Letter of Credit shall be delivered to the City on or before the tenth (10th) day prior to the date of expiration of the then existing Letter of Credit . If Developer fails to deliver the renewed Letter of Credit to the City within the time prescribed herein , such failure shall constitute a breach of this agreement and shall be a basis for the City to draw on all or any portion of the then existing Letter of Credit. G. This contract, any part hereof, or any interest herein shall not be assigned by developer without written consent of the City Manager, and it is further agreed that such written consent will not be granted for the assignment, transfer, pledge and/or conveyance of any refunds due or to become due to developer except that such assignment, transfer, pledge and/or conveyance shall be for the full amount of the total of all such refunds due or to become due hereunder. H. On all facilities included in this agreement for which the developer awards his own construction contract, the developer agrees to follow the following procedures: (1) If the City participates in the cost of the facilities, the construction contract must be awarded after advertising in a local newspaper at least one time not less than two weeks to the date of receipt of sealed bids as required by State statutes prescribing regulations for contracts for public work . The sealed bids must be opened in the presence of a representative of the City. (2) To employ a construction contractor who is approved by the Director of the Department having jurisdiction over the facility to be so constructed, said contractor to meet City' s requirements for being insured, licensed and bonded to do work in public streets , and to be qualified in all respects to bid on public projects of a similar nature. (3) To require the contractor to furnish to the City payment, performance and maintenance bonds in the name of the City for 100 percent of the contract price of the facility, said bonds to be furnished before work is commenced . To further require the contractor to provide public liability insurance. V-4 (4) To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility that inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed , and to make such laboratory tests of materials being used as may be required by the City. (5) To secure approval by the Director of the department having jurisdiction of any and all partial and final payments to the contractor, said approval is made, in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. (6) To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. (7) It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construction contract for storm drainage and pavement , shall be separated in the bidding and City participation , if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. (8) To comply with all requirements concerning improvements as set forth in this agreement, including, but not limited to any person , firm, corporation or other entity with whom the Developer has a direct contractual relationship for the performance of the work hereunder. I. Anything to the contrary herein notwithstanding , for and in consideration of the promises and the covenants herein made by the City, the Developer convenants and agrees as follows: (1) The Developer shall make separate elections with regard to water and/or sanitary sewer facilities , storm drainage, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, its Contractor, or by the Developer ' s Contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement . In the event any of such separate elections has not been so made and delivered to City by such date, it shall be conclusively presumed that the Developer has elected that such work be performed by the City in accordance with all of the terms of this agreement , and in particular Paragraph V-F hereof. V-5 t (2) Irrespective of any such election and whether the work is to be performed by the City, its Contractor or by the Developer' s Contractor, the Developer covenants and agrees to deliver to the City a performance bond or a cash deposit in lieu thereof in accordance with the provisions of Paragraph V-F of this agreement. (3) In addition to the bond or deposit required in the preceding paragraph, in the event Developer elects that the work be performed by the City, or its Contractor, or such election is presumed as provided above, the Developer covenants and agrees to pay to the City his share of the estimated construction costs . The amount of such estimated payment shall be computed as set out in Sections I hereof, based upon the lowest responsible bid for such work as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject . Such estimated payment shall be made promptly upon demand by City, it being contemplated that such payment will be made after the receipt of bids for work but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. (4) 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 claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement or the construction of the improvements or facilities described herein; and in addition the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claims, suits, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the Developer, its Contractors, Subcontractors, agents or employees. (5) Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 ( as amended by Ordinance No . 7400 ) , and ordinance prohibiting discrimination in employment practice because of race, creed, color , religion , national origin (except for illegal aliens) , sex or age, unless sex or age is a bonafide occupational qualification. V-6 . Developer further COYeD8Ots and agrees that no labor organization, subcontractor Or employment agency, either furnishing Or referring applicants to such developer, nor any agent of developer is discriminating against any individual iDVOlV1Dg employment as prohibited by the terms Of such Ordinance NO , 7278 / as d02Od2d by Ordinance NO. 7400\ . J. The attached Exhibits Av B, C, Appendix oA" and L0Cdt1O0 Map are made d part hereof for all intents and purposes. K. Venue of any action brought hereafter shall be in Fort Worth, Tarrant County, TgxDS, L. The City' s "Policy for the Installation Of Community Facilities" , as adopted by the City Council on January 7, 1986, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said Policy. IN TESTIMONY WHEREOF , the City Of Fort Worth has caused this instrument to be executed in quadruplicate in its name and OA its behalf by its City Manager, attested by its City Secretary, with the corporate Seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the day O , }g("2 , ATTEST: CITY OF FORT NORTH, TEXAS By: ` uth Howard David—A. Ivory City Secretary Senior Assistant City M8O�her DEVELOPER: TRINITY RANCH JOINT VENTURE , Coutra"* ="^""ri=~~i~~ By: TRINITY DEVELOPMENT a Texas joint venture, Venturer Date By: CARTER-TH0MPSON COMPANIES, INC. , D Texas corporation, Venturer � APPROVED AS TO FORM AND LEGALITY: By: 4111am w. ` ATTEST: Deputy City Attorney DJ1S 8y V-7 U ADDENDUM 1 The parties hereunder agree that the City's obligation to reimburse the Developer for the City's proportionate share for Offsite Sanitary Sewer Improvements (as referenced in Paragraphs I—C and I—D of Section I of this Agreement) shall not be subject to the two (2) year refund limitation set out hereinabove, but rather shall be due and payable by the City at such time as all conditions for the "option permitting the Developer to let his own contracts for water and sanitary sewer facilities construction," being a part of the "Policy for the Installation of Community Facilities" have been met and the "Conformation of Award of Contract" for Trinity Ranch Offsite Sewer Section II has been issued by the Engineering Division of the City's Water Department. V APPENDIX "A" COST ESTIMATE SUMMARY PROJECT TRINITY RANCH OFF-SITE SEWER MAIN SECTION 1 PERFORMANCE CONTRACT SECTION DEVELOPER CITY TOTAL GUARANTY Section I Water $ -0- $ -0- $ -0- $ -0- Sewer 1,431,053 408,931 1,8392984 -0- Section II $ -0- 1. Interior Streets Construction N/A N/A N/A Design Eng. Eng. & Admin. 2. Storm Drains -0- Construction N/A N/A N/A Design Eng. Eng. & Admin. 3. Border Streets (Assessment Paving) -0- Streets N/A N/A N/A Section III Street Lights N/A N/A N/A -0- Section IV Street Name Sign N/A N/A N/A -0- TOTAL $1,431,053 $ 408,931 $1,839,984 $ * Developer shall deposit 100% of approved bid for sewer. I -$ 006 hl, E V I-- 19 14 \ • 0 6 ^. N 2 ~ m N II d� �� / � � �•N /f I 1 I i ',`j�� ��/� ,m\ � � `\:_ "==�P�-'-fes \ o\�\ p �o o D IVE If °. , D + (n Q it ©o� (� v u 17" i t \ D C �N /NSC TT E Abp' FR -�A o'reo a P 6 I `I C C Pv-• 4•x� n m p p'� Gl m�Py� a a EXHIBIT "A" JOINT VENTURE CONSENT The undersigned, Liberty Land Company, an Arizona corporation, as a venturer with Carter-Thompson Companies, Inc. , a Texas corporation ("Carter-Thompson"), in Trinity Development, a Texas joint venture ("Trinity"), as a venturer with First Service Corporation, an Arizona corporation, in Trinity Ranch Joint Venture, a Texas joint venture ("Joint Venture"), hereby consents to, and ratifies the execution and delivery by Carter-Thompson, on behalf of Trinity, of any and all documents necessary, appropriate or required to effectuate the extension of the Trinity Ranch Offsite Water Main, Section I, Fort Worth Project No. 57-015074-00 and Trinity Ranch Offsite Sanitary Sewer, Section I, Fort Worth Project No. 54-013094-00, as approved by the City of Fort Worth, including without limitation, the execution and delivery of any contracts, work change orders or Community Facilities Agreements. These documents shall represent the duly authorized acts of the Joint Venture and shall bind the Joint Venture as if both venturers had executed such documents. The undersigned acknowledges and agrees that all parties to this transaction will rely upon the terms of this Consent. EXECUTED this l� day of �> , 1985. Liberty Land Company, an Arizona corporation By: W.D. Buchly Its: Vice President STATE OF § § COUNTY OF § This instrument was acknowleged before me on October 16, 1985, by W.D. Buchly, Vice President, of Liberty Land Company, an Arizona corporation. 4tar�y Publkt in and f said County and State Li ,4 0,9,✓K Notary's Name Printed My commission expires: k, r"uI�IT 1 ' ,. LIBERTY LAND COMPANY CORPORATE RESOLUTION RESOLVED, that Liberty Land Company, hereinafter referred to as the "Corporation," in joint venture with Carter-Thompson, enter into, execute, acknowledge and deliver all such instruments, documents and writings, and perform all such acts, as may be necessary or desirable with regard to the extension of the Trinity Ranch water main and sanitary sewer systems specifically, the Trinity Ranch offsite water main, Section I, Fort Worth Project #57-015074-00 and and the Trinity Ranch offsite sanitary sewer, Section I, Fort Worth Project #54-013094-00. FUTHER RESOLVED, that the Vice-President of the Corporation, W.D. Buchly, is hereby authorized and directed, in the name and on behalf of the Corporation, to execute, acknowledge and deliver all of the documents, instruments and writings hereinabove authorized in such form as he may deem advisable, and to perform all acts hereinabove authorized or as may be . necessary or desirable to consummate the matters authorized herein, and to carry into effect the purposes and intentions of these resolutions. FUTHER RESOLVED, that no instrument, document or writing herein authorized or executed in pursuance of these resolutions need be attested or countersigned. SECRETARY'S CERTIFICATE I hereby certify that I am the duly qualified Secretary of this Corporation, that the foregoing is a full and correct copy of a Resolution adopted at a special meeting of the Board of Directors held in Dallas Texas on October 16, 1985. Almira Whiteside LIBERTY LAND COMPANY /61/ DAT EXHIBIT "C" HWY 30 % c� O z �0 Off' HWY 80 ARY S CR�� I o • Q HWY 20 J HWY 820 x x a CITY OF BENBROOK Gv�Q4 TRINITY RANrH cocoa 3UTCH BRANCH PROJECT LOCATION TRINITY RANCH BENBROOK LAKE VICINITY MAP TRINITY RANCH OFFSITE SIT RY SEWER9 SECTION I RJ NO 54-013094-00 of Fort Worth, Texas. Mayor and Council Communication DATE - REFERENCE SUBJECT:CONTRACT FOR THE INSTALLATION OFPAGE NUMBER _ OMMUNITY FACILITIES TRINITY RANCH OFF- 3-17-87 **C-10171 W SECTION 1 1 °f 2 Recommendations It is recommended that: 1) The following bond fund transfer be approved: From To Amount Reason 56-013901-00-656454 56-023094-00-656454 $408,931 To provide funding for Unspecified Trinity Ranch Offsite City's participation in Sewer Section 1 construction of sewer main. improvements. 2) The City Manager be authorized to reimburse the developer for the City' s share of cost for sanitary sewer improvements upon satisfactory completion of the same; and 3) The City Manager be authorized to execute the Community Facilities Agreement with the developer, Trinity Ranch Joint Venture, a Texas Joint Venture. Discussion Trinity Ranch Joint Venture, a Texas Joint Venture, consisting of Trinity Development, a Texas Joint Venture and HOB CORP. , INC. , a New Mexico Corporation, acting by and through its duly authorized representatives, the developer of Trinity Ranch Off-Site Sewer Main, Section 1, has executed a proposed contract of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows and subject to actual bid price: Project Cost and Financing Developer City Total Sanitary Sewers $1,431,053 $408,931 $1,839,984 Total $1,431,053 $408,931 $1,839,984 Sanitary sewers will be installed in accordance with standard policies for the installation of community facilities. The contract includes City participation in the cost of sewer. DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLAI"'A OF PAGE NUMBER COMMUNITY FACILITIES TRINITY RANCH OFF- 3-17-87 **C-10171 SITE SEWER MAIN SECTION 1 2 of 2 A bond fund transfer as shown in the recommendations will be necessary from Sewer Fund 56, Project No. 013901-00, Unspecified (in which sufficient funds are available) to Project No. 023094-00, Trinity Ranch Offsite Sewer Section 1 to finance this installation of community facilities. Expenditures will be made from Index Code 656454. Special Condition The parties hereunder agree that the City' s obligation to reimburse the Developer for the City' s proportionate share for Off-Site Sanitary Improvements (as referenced in Paragraphs I-C and I-D of Section I of this Agreement) shall not be subject to the two year refund limitation set out hereinabove but rather shall be due and payable by the City at such time as all conditions for the "option permitting the Developer to let his own, contracts for water and sanitary sewer facility construction", being a part of the "Policy for the Installation of Community Facilities", have been met for Trinity Ranch Off-Site Sewer Section II, and the "Confirmation of Award of Contract" for Trinity Ranch Off-Site Sewer Section II has been issued by the Engineering Division of the City' s Water Department. Plan Commission Approval On September 16; 1984, the City Plan Commission approved the concept plat (C-84-8&9) for Trinity Ranch Addition. SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: Q APPROVED ORIGINATING p OTHER (DESCRIBE) DEPARTMENT HEAD: J. Bi 1 ardi CITY SECRETARY FOR ADDITIONAL INFORMATION O O CONTACT: J. Tuomey 8178 DATE