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
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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;
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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
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contract Authorization
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CFA NameRevised Form per Legal 2/21/03
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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")