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Home My WebLink AboutContract 32368 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No:. WHEREAS, Summercreek South Development, L.T.D. by 3720 Briarhaven, L.L.C., its general partner, hereinafter called "Developer", desires to make certain improvements to Summer Creek South Offsite Sanitary Sewer, 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, Wise, 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 H. Fleet, its duly authorized manager, 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 tbe. Policy— Summer Creek South Offsite Sanitary Sewer Revised Form per Legal December 2004 �J� 2 '•' ==�- 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 alle,-ed 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. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). I. 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). J. 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. K. 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. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Summer Creek South Offsite Sanitary Sewer Revised Form per Legal December 2004 M Water (A) ; Sewer (A-1)attached; Paving (B) Storm Drain (B- 1) ; Street Lights and Signs (C). M. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. Il. Sewer Facilities A. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $187,306. 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 sewer improvements as follows: SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ -0- $ -0- $ -0- Approach $ 156,041 $ 31,265 $ 187,306 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 156,041 $ 31,265 $ 187,306 *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; SEWER COST SHARE (Developer pays for 8" sewer pipe. The City pays for 18"/8" sewer pipe.) 18"/8" sewer pipe ($38-$25) 2,405 L.F. x $13 = $ 31,265 Summer Creek South Offsite Sanitary Sewer Revised Form per Legal December 2004 ,'Q, '•;{:' ?�n' � �i TOTAL SANITARY SEWER FACILITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Sewer $ 156,041 $ 31,265 $ 187,306 Total Sewer Construction $ 156,04.1 $ 31,265 $ 187,306 Construction Inspection $ 3,121 $ 625 $ 3,746 Grand Total 1 $ 159,1621 $ 31,8901 $ 191,052 nT ' Summer Creek South Offsite Sanitary Sewer _ x,"° :=_1 n, V Revised Form per Legal December 2004 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-said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the 1 P Ly of t T1J , 2005. Approval Recommended: Water Department S. Frank Crumb -ontract Authorizatiox Acting Director 1P19 t (D� �QJ Late ATTEST: City Of Fort Wo h City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approve as o Form i Assistant i Att ey DEVELOPER Summercreek South ATTEST: Development, L.T.D. by 3720 Briarhaven, L.L.C., its general partner Corporate Secretary By: Tim Fleet, manager Summer Creek South Offsite Sanitary Sewer I Revised Form per Legal December 2004 {I COLUMBUS TRAIL 0 oe J� 4 2� � W w �LDOR AY W (7 D_ DANCE TRAIL SUMMER p�k WH(SpF!?DRi N.T.S. m w,1 9 �w J Q YhQ�Q� O L l 1 CEDAR BRUSH W RISINGE PROJECT I L OCA T/OV I 1� I LOCATION MAP "OFF-SITE 18" SEWER SYSTEM" "SUMMER CREEK SOUTH, PHASE 3" D.O.E. NO. 4832 WELCH ENGINEERING, INC. CONSUL TING ENGINEERS J_ rn CE. � COURT 11 CD -rnSo A —l� rn 10 RVSN I t k I � 8" AND 18" SANITARY SEWER LINES AND ASSOCIATED APPURTENANCES 18" S.S.: 2395 LF - CITY PARTICIPATION BASED ON CITY PARTICIPATION PER THE CFA UNIT PRICE 8" S.S.: 1028 LF EXHIBIT "A-1 OFF-SITE SANITARY SEWER IMPROVEMENTS "OFF-SITE 18" SEWER SYSTEM" SCALE: 1"=400' "SUMMER CREEK SOUTH, PHASE 3" D.O.E. NO. 4832 WELCH ENGINEERING, INC. CONSUL TING ENGINEERS