The URL can be used to link to this page

Home My WebLink AboutContract 32173 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary On 1 COUNTY OF TARRANT § Contract No. `,D WHEREAS, Legacy Monterey Homes, L.P., an Arizona limited partnership, by MTH-Texas GP, Inc., an Arizona corporation; its general partner, hereinafter called "Developer", desires to make certain improvements to Quail Grove Addition, 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 Michael S. Gavin, its duly authorized Vice 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 foliqa Quail Grove Addition,Offsite Sanitary Sewer if Q Revised Form per Legal December 2004 03-02)-05A09 :59 '�� iNL` {� `f 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. 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: Quail Grove Addition,Offsite Sanitary Sewer Revised Form per Legal December 2004 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. U. Sewer Facilities A. Developer shall install sanitary mains as shown on Exhibit A-1, the estimated cost of which is $481,870. 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 $ 434,149 $ 47,721 $ 481,870 Easements* $ -0- $ -0- $ -0- Services $ -0- $ -0- $ -0- Engineering $ -0- $ -0- $ -0- Sub-Total Sewer $ 434,149 $ 47,721 $ 481,870 *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; Quail Grove Addition,Offsite Sanitary Sewer Revised Form per Legal December 2004 SEWER COST SHARE (Developer pays for 8" sewer pipe. The City pays for 18"/8", 15"/8", 12"/8", and 10"/8" sewer pipe.) 10"/8" Sanitary sewer pipe ($26-$25) 25 L.F. x $1 = $ 25 12"/8" Sanitary sewer pipe ($27-$25) 30 L.F. x $2 = $ 60 1578" Sanitary sewer pipe ($28-$25) 3,533 L.F. x $3 = $ 10,599 18"/8" Sanitary sewer pipe ($38-$25) 2,849 L.F. x $13 = $ 37,037 $ 47,721 SEWER Unit Price from Developer's Pay Item Unit Description Projects 1 LF 6" Sanitary Sewer Pie $ 24.00 2 LF 8" Sanitary Sewer Pie $ 25.00 3 LF 10" Sanitary Sewer Pie $ 26.00 4 LF 12" Sanitary Sewer Pie $ 27.00 5 LF 15" Sanitary Sewer Pie $ 28.00 6 LF 18" Sanitary Sewer Pie $ 38.00 7 LF 21" Sanitary Sewer Pie $ 45.00 8 LF 24" Sanitary Sewer Pie $ 48.00 9 EA Standard 4' Diameter Manhole $ 1,293.00 10 EA Standard 5' Diameter Manhole $ 3,125.00 TOTAL SANITARY SEWER FACELITIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Sub-Total Sewer $ 434,149 $ 47,721 $ 481,870 Total Water and Sewer $ 434,149 $ 47,721 $ 481,870 Construction Construction Inspection $ 8,683 $ 954 $ 9,637 Grand Total $ 442,832 $ 48,675 $ 4911507 Quail Grove Addition,Offsite Sanitary Sewer ,n 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 h -executed s instrument in quadruplicate, at Fort Worth, Texas this theC: L.1day of 2005. Approval Recommended: Water Department �A J W S. Frank Crumb Contract AuthOM- nation Acting Director r7--1 _(1) Date ATTEST: Of Fort Wo City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approved s to Form: ti f Assistant City Atto ey DEVELOPER Legacy Monterey Homes, ATTEST: L.P., an Arizona limited partnership, by MTH-Texas GP, Inc., an Arizona corpor ,, its general p r r Corporate Secretary print name an tit . Quail Grove Addition,Offsite Sanitary Sewer Revised Form per Legal December 2004 � am PROJECT N.T.S. L O\CA TION 35W 1s6 ---------- HARMON 3479 81 287 _rx lko D.O.ER E. NO: 4481 -LOCATION MAP WA NO: P164-060164015124 SANITARY SEWER NO: P174-0 'o "QUAIL GROVE ADDITION, PHASE 1 " STREET/STORM DRAIN NO: W— 4TOi 1 iVf 6_ju C V 611K�_ 92�1! WELCH 11 --liffil CONSUL TING ENGINE-ERS 1 3 I'll Z � l �E I PROP. 15'55 III PROP. 15'SS I a \ Z i � r PROP. 15"SS \\ (MAIN k, e PROP. 15"SS � PROP. 18"SS PRDP. 18"S$ 2f FUTURE NORTH TARRANT PARKWAY � II N (•7 U7 O O N O� V O1 3 a vi O 18" AND 15" SANITARY SEWER LL ---�- LINES AND ASSOCIATED APPURTENANCES x w co co co n EXHIBIT "A-1 " SCALE: 1"=600' o D.O.E. NO: 4598 WSANITARY SEWER IMPROVEMENTS SANITARY SEWER NO: P174-07 1740,31ss o'OFF—SITE 18" SANITARY SEWER" WELCH ENGINEERING, I NC. -'�� CONSUL TING ENGINEERS M&C Request Review Page 1 of 2 Fowrti omii DepartmentswwwXFWNet,,or9 Home I Council Agenda I M&C I Employee Directory I Homing Report I Ads I PRS I IT Online Pr COUNCIL ACTION: Approved on 7/19/2005 DATE: 7/19/2005 REFERENCE NO.: C-20862 LOG NAME: 60QUAILGROV CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Approval of Community Facilities Agreement with Legacy Monterey Homes, L.P., an Arizo Limited Partnership, by MTH-Texas GP, Inc., an Arizona Corporation, its General Partner, Construction of an Offsite Sanitary Sewer to Serve Quail Grove Addition RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Legacy Monterey Homes, L.P., an Arizona Limited Partnership, by MTH-Texas GP, Inc Arizona corporation, its general partner, for the installation of an offsite sanitary sewer to serve Quail G Addition, located in north Fort Worth. DISCUSSION: Legacy Monterey Homes, L.P., has executed a proposed contract for community facilities to serve a si family development located in the northern portion of Fort Worth, west of Interstate Highway 35E and northeast of Highway 287 (see attached map). The total cost for sewer improvements for this development is $491,507. There will be City participatic an offsite sewer pipe extension to increase pipe capacity in the drainage area. The developer and Citi estimated costs for sewer improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOT Sewer $434,149.00 $47,721.00 $481,870 Easements $0.00 $0.00 $0 Inspection $8,683.00 X954.00 $9,637 TOTAL $442,832.00 $48,675.00 $491,507 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 Sewer Capital Projects Fund. http://w-�vw.cfwnet.org/council_packet/mc_review.asp?refnum=C-20862 7/20/2005 M&C Request Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers P174 539140 070174013196 $47,721.00 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) ATTACHMENTS QuailGrove map.doc http://w\N,w.cf\vnet.org/council_packet/mc_review.asp?refnum=C-20862 7/20/2005