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HomeMy WebLinkAboutContract 31050 t COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.51 C)5 C) WHEREAS, Pulte Homes of Texas, L.P., a Texas Limited Partnership by PNI, Inc., a Nevada corporation, hereinafter called "Developer", desires to make certain improvements to Villages of Crawford Farms, 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 Richard Dix, its duly authorized City 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 infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. VILLAGES OF CRAWFORD FARMS Revised Form per Legal 2/21/03 �� "ti" 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). VILLAGES OF CRAWFORD FARMS I��L�• �_`-"- Revised Form per Legal 2/21/03qq y P 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 $175,855. 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 $ 98,263 $ 11,592 $ 109,855 Development Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service 176-1" $ 66,000 $ -0- $ 66,000 Engineering $ -0- $ -0- $ -0- Sub-Totals, Water 1 $ 164,2631 $ 11,592 $ 175,855 * 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; WATER COST SHARE (Developer pays for 8" water pipe and gate valve. The City pays for 12"/8" water pipe and valve. 16"/8" water pipe ($40-$17) 247 L.F. x $23 = $ 5,681 16"/8" water valve ($6,587-$676) 1 EA. x $5,911 = 5,911 $ 11,592 VILLAGES OF CRAWFORD FARMS - -- Revised Form per Legal 2/21/03 5 f B. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $182,130. 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 $ 116,130 $ -0- $ 116,130 Approach $ -0- $ -0- $ -0- Easements* $ -0- $ -0- $ -0- Service (176) $ 66,000 $ -0- $ 66,000 Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 182,130 $ -0- $ 182,130 Sub-Total Water $ 164,263 $ 11,592 $ 175,855 Total of Water and Sewer Const. $ 346,393 $ 11,592 $ 357,985 Construction Inspection $ 6,928 $ 232 $ 7,160 Total All $ 353,321 $ 11,824 $ 365,145 *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. Actual prices contained in the construction contract(s) if the Developer elects to competitively bid the improvements. VILLAGES OF CRAWFORD FARMS c; Revised Form per Legal 2/21/03 rn V 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 salDeveloper has executed this instrument in quadruplicate, at Fort Worth, Texas this the CAay of 2004. Approval Recommended: Water Department ` A �J(��1�1 ` V v :tr ct Author' apt ��or a Dale A. Fisseler, P. E. Director ATTEST: City Fo Worth Marty Hendrix, ity Secretary Marc A. Ott, Assistant City Manager Approved as to Form: Cy� Assistant Cit Attorney DEVELOPER PULTE HOME OF TEXAS L.P. ATTEST: TEXAS LIMITED PARTNERSHIP BY PNI INC A NEVADA CORPORATION Corporate Secretary By: 7JAAi- k 1� P nt name A title VILLAGES OF CRAWFORD FARMS Revised Form per Legal 2/21/03 FORT WORTH a 1 DEN 'rDIAXII-1 C BLV FM 1709 PROJECT LOCATION L� nth ¢ Z - - C) RAY 7HITE Lu In o 2 p o _ Q ALTA HER17AGE ca 0 Z NOT TO SCALE LOCATION MAP ��� *,4,..-. .. .,.,SIU VILLAGES OF N CRyWFORD FARMS CARTER & BURGESS,INC. 777"N STREET FORT WORM,TX 76122 . (8171 73x-6000 PROJECT NO. 013012.010.1.0001 EX 12„ SCALE, 200' . 3 2 ! . W 4 O / 2 ' S 5 6 /9 /8 /7 20 0 , 21 /2 GRAwPHR E .� I ----------- / /3 .a 23 2 /4 -. 24 25 4 49 /5 :C/3✓ :. 26Jr 48 ,7 27 6 47 28 7 46 ,y --------- 29 29 B 45 20 I 30 g 44 2/39 3l l0 43 22 ' 32 // 42 ; -- z3 - " PROPOSED-WATER . 33 /2 41 A 24 LI-NES ,ARE -8" UNLESS 34 /.3 40 a 2s -• OTHERWISE INDICATED 35 /440 39 F 26 36 /5 38 27 37 16 3; 28 L_- L . LEGEND, 38 3629 --839 ,835 PROP.' WATER 'LINE 40 /9 34 3/ PROP. GATE VALVE; 4, jj 20 11 4z 2i" 32 I 32 • : 'PROP. FIRE HYDRANT 43 .33 22' 3/ 34 EXIST. WATER -LI-NE ` 44 I 23 30 3s EX hST. GATE 'VALVE a6 45 24 29 36 CRAWFOR E FI EXIST. FIRE. HYDRANT. �26 5 28 37 PHAS 47 _27 3e LIMITS:OF PROJECT — — — — 49 -- 04 50 I T 5,_ 146 45474342 4/ WATER 39 I--- -- 1 52 X53 �---=-----� - EXHIBIT 54 47 4.8 49 50 51 52 53 54 55 56 •- VU.LAGES OF 53 w I CRAWFORD FARMS EX 8" E- : Y ' 56 � 57 58 59 60 6/ 32 63 64 65 66L768 - - ----- \ ° �Pf�'B®�ss I7 CA" & BURGESS,1�1G -- 5 --- . �t\\ srROr eiox CRA PNA5E PROJECT NO. 013012.010.1.0001 SCALE: 1" = 200' - 3 2 2 39 - q--- 10 I 12 6 ® 7. - - - l9 3 9 . -------- I20 — l0 - 12 22 23 2 sl 14 Zd 24 3 50 IS - -- _1 25 4 : 49 /6 26 5 481 17 - 27 6 47 /8 [:12iP 7 46 /9 8 45 PO •. . 3p 9 44 F 2l 39 RAw-FOR E ` " 3l /0 43• 22 C PN 32 - -— /I 42 23 PJ!4; /2 4/ A '40 94 35 24 ----------- t4 0 39 H 25 36 = Is 3B 27 37' • - l6 37 ----� 1 28 I. LEGEND 38 l7 36 24 _ 39 is 35 3o PROP. SAN I-TARY SEWER- . 40. l9 34 3/ PROP. MANHOLE... �- 4/ PO -33 41 i 32 -EX I ST.' SAN)TARY,.. SEWER 43. 21' 32 33 :EXIST. MANHOLE ,— 3/ 34 22 ; as 3o f PROJECT . . .. . � z3 35 • •: ..''LIM9T5.0 45 . ' z4 z9 36 MFORo PROPOSED SEWER LINES ARE. 46 zs ze 37 cs 'PHASE 8 UNLESS .OTHERWISE 47. 1. 26 27 INDICATED — — ; 48 —� 38. :. 49 39 T R.D . .. :. 50 5/ 146 45 44 43 42 4/ 40 w' Y SEWER 52 SANITARY 56 53 = :==1 I EXHIBIT 'A-1' : 47 4 8 49 50 51 52 53 54 55 56 - ILLA6ES OF s5 Ex a° I -- ORD FARMS 57 r..: 58 59 60 61 6�2 63 64 65 66 67 68�_ -- ` �. y '�`= carter" Burgess tit u U19, CARTER & BURGESS,INC . ? _-,e. mmN SmET F 0 FpIF@k� ' \ ��w»e mnc 7ew� GRA PHASE I ` PROJECT NO. 019042.010- 1-000t City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/31/2004 DATE: Tuesday, August 31, 2004 LOG NAME: 60CRAWFORD REFERENCE NO.: C-20248 SUBJECT: Approval Of Community Facilities Agreement with Pulte Homes of Texas, L.P., a Texas Limited Partnership by PNI, Inc., for Construction of Water and Sewer Services to Serve Villages of Crawford Farms in the Northern Portion of the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Pulte Homes of Texas, L.P., a Texas Limited Partnership by PNI, Inc., a Nevada corporation, for the installation of water and sewer services to serve Villages of Crawford Farms, located in the northern portion of Fort Worth. DISCUSSION: Pulte Homes of Texas, L.P., has executed a proposed contract for community facilities to serve a single- family development located in north Fort Worth, east of Old Denton Road and south of Golden Triangle Boulevard (see attached map). The total cost for water and sewer improvements for this development is $365,145. There will be City participation in water pipe oversizing to increase pipe capacity in 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 $164,263.00 $11,592.00 $175,855.00 SEWER $182,130.00 $0.00 $182,130.00 EASEMENTS $0.00 $0.00 $0.00 INSPECTION $6,928.00 $232.00 $7,160.00 TOTAL $353,321.00 $11,824.00 $365,145.00 This development is located in COUNCIL DISTRICT 2. 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: 60CRAWFORD PauP 1 of TO Fund/AccounVCenters FROM Fund/Account/Centers P163 539140 060163015148 $11.592.00 Submitted for City Manager's Office by- Marc Ott (8476) Originating Department Head: S. Frank Crumb, Acting (8207) Additional Information Contact: S. Frank Crumb, Acting (8207) LoLyname: 60CRAWFORn PauP ? of