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HomeMy WebLinkAboutContract 29624 03-04-04P02 ' 29 kPILa COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. V" �- WHEREAS, Arcadia Land Partners 19, Ltd., a Texas limited partnership, by its General Partner, Arcadia Realty Corp., hereinafter called "Developer", desires to make certain improvements to Marine Creek Ranch Phase 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, KiNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through John Hodge, its duly authorized 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 tire-sha�lT`, administered in conformance with paragraph 8, Sec 'opt {;t5ftile Poky. CFA Name NAL A L Revised Form per Legal 2/2 UI 03 S 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. 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 (B- 1) ; Street Lights and Signs (C). CFA Name �� !'..• '�� Revised Form per Legal 2/21/03 M 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 $337,618. 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: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within $ 213,151 $ 21,962 $ 235,113 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service(247) $ 102,505 $ -0- $ 102,505 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water $ 315,656 $ 21,962 $ 337,618 * 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; City participation for water and sewer improvements is calculated as follows: WATER COST SHARE (Developer pays for 8" water pipe and gate valve. The City pays for 12"/8" water pipe, valve and fittings. 12"/8" water pipe ($26-$17) 2,003 L.F. x $9 = $ 18,027 12"/8" water valve ($1,223-$676) 2 EA. x $547 = $ 1,094 12"/8" water fittings($2,841) 1 L.S. x $2,841 = $ 2,841 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $ 21,962 � Q CFA Name Revised Form per Leal 2/21/03 B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $349,915. 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 shall bear the cost of the sewer improvements as follows: SANITARY SEWER FACUTIES: Estimated Estimated Estimated Total Developer City Cost Cost Cost Mains within Development $ 265,045 $ - $ 265,045.00 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service/246 $ 84,870 $ -0- $ 84,870 Engineering $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 349,915 $ - $ 349,915 Total of Water and Sewer Const. $ 665,571 $ 21,962 $ 687,533 Construction Inspection $ 13,311 $ 439 $ 13,751 *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 shall be based upon: 1. Unit prices contained in City of Fort Worth Ordinance No. 14552; S ' CFA Name ^� ?' Revised Form per Legal 2/21/03 I l •r' ,; IN TESTEVIONY 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 Developer has executed this instrument in triplicate, at Fort Worth,Texas this the ,-and of j , 2003. Approval Recommended: Water Department Transportation and Public Works Department Dale A. Fisseler,P. E. Robert Goode, P. E. Director Director ATTEST: City Of Fort Worth By: M O dt-tCity Secretary Assis ant City Manager __ ((JJ Approved as to Form: Assistant Nty Attorney DEVELOPER Arcadia Land Partners 19,Ltd., ATTEST: a Texas limited partnership by its General Partner fel I A Arcadia eal Corp Corporate Secretary By: John Hodge, President -- C contract Authorization RE CFA NameRevised Form per Legal 2/21/03 E CROMWEEL 7,AARINE CRE K S m � O O FORT WORTH m 3 � Pop 447,019 O O. 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" 1.7N47 sf t City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/14/2003 DATE: Tuesday, October 14, 2003 REFERENCE NO.: C-19813 LOG NAME: 60MARINE SUBJECT: Approval of Community Facilities Agreement with Arcadia Land Partners 19, Ltd. for Construction of Water and Sewer Services to Serve Marine Creek Ranch, Phase 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Arcadia Land Partners 19, Ltd. for the installation of water and sewer services to serve Marine Creek Ranch, Phase 2. DISCUSSION: Arcadia Land Partners 19, Ltd., the developer of Marine Creek Ranch, Phase 2, has executed a proposed contract for community facilities to serve a single-family development located in northwest Fort Worth, west of Marine Creek Lake and north of Ten Mile Bridge Road in far north Fort Worth (see attached map). The total cost for water and sewer improvements for this development is $701,284. There will be City participation in water pipe oversizing to increase pipe capacity in Marine Creek Ranch, Phase 2, 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 $315,656 $21,962 $337,618 Sewer $349,915 $0 $349,915 Easements $0 $0 $0 Inspection $13,312 $439 $13,751 TOTAL $678,883 $22,401 $701,284 This development is 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. Loename: 60MARINE Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P162 539140 060162151460 $21.962.00 Submitted for City Manager's Office bX Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Lop-name: 60MARINE naoP 7 of")