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Home My WebLink AboutContract 29522 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANTr § Contract No. WHEREAS, Summercreek South Development, Ltd., by its General Partner, 3720 Briarhaven, LLC., a Texas limited liability company, hereinafter called "Developer", desires to make certain improvements to Summer Creek South Pbase 2, 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 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 Tim Fleet, its duly authorized Sole Member, 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 H, 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 infrastructure shall be administered in conformance with paragraph 8, Section H, of the Policy, Summer Creek South Phase 2 Revised Form per Legal 2/21/03 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 alleed 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. 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). I. 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. J. 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. K. 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; Paving (B) Storm Drain(13- 1) ; Street Lights and Signs (C). { t f Summer Creek South Phase 2 2� �_ Revised Form per Legal 2/21/03 �� 1 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 $299,727. The City agrees to record the location of each said service line in respect to the corner of the lot sewed, 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 $ 208,247 $ 35,680 $ 243,927 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service 115-1",5-1.5" $ 55,800 $ -0- $ 55,800 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 264,047 $ 35,680 $ 299,727 * 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,- WA TER 4552;WATER COST SHARE (Developer pays for 12" water pipe and gate valve. The City pays for 16'712" and 20'712" water pipe and valve. 16'712" water pipe ($40-$26) 189 L.F. x $14 = $ 2,646 20'712" water pipe ($40-$26) (20" treated as 16" for this project) 827 L.F. x $14 = $ 11,578 16'712" water valve ($6,587-$1 ,223) 2 EA. x $5,364 = $ 10,728 20'712" water valve ($6,587-$1 ,223) 2 EA. x $5,364 = 10,728 $ 35,680 Summer Creek South Phase 2 Revised Form per Legal 2/21/03 1 -- B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $30,256. 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: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 29,256 $ -0- $ 29,256 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service/Fire Line (2) $ 1,000 $ -0- $ 1,000 Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 30,256 $ -0- $ 30,256 Sub-Totals, Water $ 264,047 $ 35,680 $ 299,727 Total of Water and Sewer Const. $ 294,303 $ 35,680 $ 329,983 Construction Inspection $ 5,886 $ 714 $ 6,600 *To be dedicated by the developer. I. The costs stated herein may be based upon construction estimates rather than actual cost. Summer Cieek South Phase 2 Revised Form per Legal 2/21/03 �— 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 d said Del per has executed this instrument in triplicate,at Fort Worth, Texas this the day of fe� 200 Approval Recommended: Wates-Department C _ �j- Contract Authorization DaI6 A. Fissele , it. E. pate , Director ATTEST: z Of Fort Worth Y: r><= Gl na Pearson arc 4)tt City Secretary Assistant City Manager Approved as to Form: Assistant City Attorney DEVELOPER: Summercreek South Development, Ltd., by its General Partner, •3720 Briarhaven, LLC., a Texas limited liability company ATTEST: Lb)-2� C4�-�C/ Corporate Secretary By: Tim Fleet, — - Sole Member Summer Creek South Phase 2 Revised Form per Legal 2/21/03 ARK SUM COURT �.� \ �� '�r--'•� -- G A SE---_._- \ \ \ \ (,L- j / / I aR 'TERRA t \ --\ w0 1 _ --- -- pv DRIVE 11 e1w 4�� U PROP. •w - g R cr - mrr `-- `I , 1` RISINGER ROAD - So) 1 ` It 1 x ` �•� �y��/� �� \ _i i_I_—Ir _ ------ 1 ► ,1 � II u EX 1131T "A" WATER IMPROVEMENTS SCALE: 1"=,�00• "SUMMER CREEK SOUTH" WELCH ENG-INF-ERING I CONSUL T/NO ENGINES-RS I `_-----s•--�---r----�-._`�-.,-_�,` I /• � � rte' i I i MER RK L7.� / •-.�`�_` 7- / -- Ct w� /� 1 �0 PROP. B'SS �� g ��. y ICA DRIVEN -^- \I PROP 10' R l CT 1` Z) -- bi ss � 1111 ,�_; /�' 1 \\LI ,Tt tI � i1 °' y;� I 1 1 11 _ C 1 1 ►'�� \ .� �T� 1 RISINGER ROAD \ : n 1 1 ac- 1 1 _-- � 11 \�. t��•^!_��.-moi ice'' ice/ 1 r li 1� u 1 1 11 EXHIBIT "A-1 " SANITARY SEWER IMPROVEMENTS SCALL-:: 1 =300' "SUMMER CREEK SOUTH" WELcx CONSUL TING ENGINEERS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/11/2003 DATE: Tuesday, November 11, 2003 LOG NAME: 60SUMMERCREEK REFERENCE NO.: C-19854 SUBJECT: Approval of Community Facilities Agreement with Summercreek South Development, Ltd., by Its General Partner, 3720 Briarhaven, LLC, a Texas Limited Liability Company, for Construction of Water and Sewer Services to Serve Summer Creek South, Phase 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Summercreek South Development, Ltd., by its General Partner, 3720 Briarhaven, LLC, a Texas limited liability company, for the construction of water and sewer services to serve Summer Creek South, Phase 2. DISCUSSION: Summercreek South Development, Ltd., by its General Partner, 3720 Briarhaven, LLC, a Texas limited liability company, has executed a proposed contract for community facilities to serve a single family development located in far southwest Fort Worth, east of Summer Creek Road and north of Risinger Road (see attached map). The total cost for water and sewer improvements for this development is $336,583. There will be City participation in water pipe oversizing to increase pipe capacity in Summer Creek South 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 $264,047 $35,680 $299,727 SEWER $30,256 $0 $30,256 EASEMENTS $0 $0 $0 INSPECTION $5,886 $714 $ 6,600 TOTAL $300,189 $36,394 $336,583 This development is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. Loaname: 60SUMMERCREEK PggP 1 of