HomeMy WebLinkAboutCity Council Resolutions (R-13-3604)-03/05/2013 RESOLUTION R-13-3604
A RESOLUTION APPROVING A CITY/DEVELOPER AGREEMENT
BETWEEN LENNAR HOMES OF TEXAS, LTD. (DEVELOPER) AND THE
CITY OF COLLEYVILLE FOR THE SOMERSET MANOR DEVELOPMENT
AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Developer proposes to construct improvements to Murphy
Road in conjunction with construction of the development such
that the remaining portion of Murphy Road that is unimproved will
be improved and has submitted a City/Developer agreement
(CDA) detailing said improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the CDA between Lennar Homes of Texas, Ltd., (Developer)
and the City of Colleyville for the Somerset Manor Development,
attached as Exhibit "A", is hereby approved.
Sec. 2. THAT the CDA shall be executed upon the signature of the city
manager.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF I AYES, a NAYS, AND D ABSTENTIONS
ON THIS THE 5TH DAY OF MARCH 2013.
ATTEST: CITY OF COLLEYVILLE
16 c,„ , •
Am elley David Kelly
Y
City Secretary Mayor
Exhibit "A"
City of Colleyville
City Developer Agreement
Somerset Manor Development
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That LENNAR HOMES OF TEXAS, LTD, a Texas limited partnership organized under the
laws of The State of Texas (and any assigns thereto), hereafter called "Owner/ Developer" and
the City of Colleyville, Tarrant County, Texas, hereafter called "City", enter into the following
agreement ("The Agreement").
In consideration of the mutual covenant herein contained and for the purpose of developing
Somerset Manor(the "Subdivision"). The parties hereto do agree:
1. The Owner/Developer will construct Murphy Road from the western edge of The
Reserve at Colleyville subdivision to Precinct Line Road with a 31' wide paving section
and a 50' wide right-of-way, as called the "Murphy Road Improvements". Murphy Road
Improvements will include grading, concrete paving including curb and gutter, storm
sewer (storm conduit and inlets), and sidewalk along the Somerset Manor Frontage. An
estimate for the cost of improvements is shown in Exhibit "A" attached hereto.
2. In consideration of Owner/Developer completing the Murphy Road Improvements, the
City shall provide Owner/Developer a waiver on the Somerset Manor plat to reduce the
right-of-way dedication for Murphy Road from 70' to 50' wide and permit the Murphy
Road Improvements to be constructed with a 31' wide paving section. The proposed
final plat is attached in Exhibit `B".
3. The Owner/Developer will be responsible for obtaining TxDOT driveway permits with
reasonable assistance from the City.
4. The Owner/Developer will provide the City with contracts, specifications, and
construction plans as required here under that bear the seal of a Registered Professional
Engineer who shall be licensed in the State of Texas.
5. The City shall review the submitted contracts, specifications, and construction plans for
the Murphy Road Improvements for compliance with City regulations and will issue a
Notice to Proceed once the contracts, specifications, and construction plans are deemed
acceptable for construction.
6. The Owner/Developer agrees it will contract for the Murphy Road Improvements with
contractors who are licensed and bonded in the State of Texas. Before acceptance of the
public improvements by the City, the contractor or contractors will furnish a two year
Exhibit "A"
maintenance bond to be in the amount of ten percent (10%) of the construction cost of all
public improvements.
7. The City agrees to furnish all existing rights-of-way necessary for the project to be
constructed at no cost to the Owner/Developer.
8. Upon completion of the construction of the Murphy Road Improvements, the
Owner/Developer will provide the City with as-built drawings of the same.
9. The City agrees to credit roadway impact fees for all expenses incurred by the
Owner/Developer for the purposes of designing and constructing the Murphy Road
Improvements, described in Section 1 above, in an amount not to exceed $296,460.00.
The credits shall apply upon the issuance of the building permit for each home in the
development until the credit threshold of$296,460.00 is attained.
10. The City acknowledges that construction of the Murphy Road Improvements falls under
the City Franchise Utility Agreement.
11. The Owner/Developer agrees the Murphy Road Improvements shall become the property
of the City of Colleyville only after completion of the work, fmal acceptance issued by
the City of Colleyville, and submission of the aforementioned maintenance bonds, and
when all of the facilities are constructed.
12. The Owner/Developer understands it has no authority to cancel or amend the terms of
this agreement without specific written authority by the City
13. Termination. This agreement shall terminate upon the following:
(a) By written agreement of both parties; or
(b) If either party breaches the Agreement and such breach remains uncured for a
period of sixty(60) days after written notice by the other party.
14. Remedies. If a party defaults hereunder, then the non-defaulting party shall have the
right to enforce specific performance of the defaulting party's obligations and/or seek
other available remedies at law or in equity against such defaulting party.
15. Notice. All notices required by this Agreement shall be in writing and addressed to the
following, or such other party or address as either party designates in writing, by certified
mail, postage prepaid, facsimile with receipt as proof of transmittal, or by hand delivery.
Exhibit "A"
If intended for Owner/Developer, to:
Lennar Homes of Texas, Ltd.
1707 Market Place Blvd
Irving, TX 75063
Attn: David Aughinbaugh
469-586-5206 OFFICE
If intended for City, to: With copy to:
100 Main Street
Colleyville, TX 76034
City of Colleyville, Texas
Attn: City Manager Boyle &Lowry
100 Main Street
Colleyville, TX 76034
(817) 503-1059 (Fax)
16. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of
the parties to it and their respective heirs, executors, administrators, legal representatives,
successors, and assigns. If for any reason the ownership of the property should change
prior to the acceptance by the City of the water, sewer, storm drainage, and paving
improvements it is agreed that these conditions will pass from this Owner/Developer to
the next owner and the City will require proper signatures of the new Owners agreeing to
the terms of this Agreement.
17. Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall be
enforceable and shall be enforced as if the parties intended at all times to delete said
invalid section, subsection, paragraph, sentence, phrase or word.
18. Governing Law. The validity of this Agreement and any of its terms and provisions, as
well as the rights and duties of the parties, shall be governed by the laws of the State of
Texas; and venue for any action concerning this Agreement shall be in State District
Court of Tarrant County, Texas.
19. Entire Agreement. This Agreement embodies the complete agreement of the parties
hereto, superseding all oral or written, previous and contemporary agreements between
the parties and relating to the matters in the Agreement, and except as otherwise provided
herein cannot be modified without written agreement of the parties to be made a part of
this Agreement.
Exhibit "A"
20. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
21. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and constitute one and the same instrument.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Exhibit "A"
EXECUTED this the day of , 2012.
CITY: CITY OF COLLEYVILLE, TEXAS
By:
City Manager
ATTEST:
APPROVED AS TO FORM:
By:
City Attorney
By:
City Secretary
OWNER: LENNAR HOMES OF TEXAS, LTD, a Texas limited
parternship
1707 Market Place Blvd,
Irving, TX 75063
By:
David Aughinbaugh, Community Development Mgr
Exhibit A—Detailed Cost Estimate of Murphy Road Improvements
Exhibit B —the Subdivision
Exhibit "A"
EXHIBIT A
LENNAR HOMES
OPINION OF PROBABLE COST
PROJECT NAME: Murphy Road Full Section LOTS - DATE 1/18/13
CITY: Colleyville,7X LF STREET 661.00 CREATED BY: DRB
JOB NUMBER: 083451007 NET ACRES: CHECKED BY: MEH
GROSS ACRES: 0.76 REVISED BY: MEH
A.EXCAVATION
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM COST
UNCLASSIFIED EXCAVATION CY 1,900 $12.00 $22,800.00
ROCK CHECK DAM EA 5 $1,500.00 $7,500.00
SILT FENCE LF 1,400 $1.50 $2,100.00
INSPECTION FEE PER 5% $32,400.00 $1,620.00
SUB-TOTAL EXCAVATION $34,020.00
B.STORM SEWER SYSTEM
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM COST
18"RCP. � 200 $50.00 $10,000.00
27"RCP. 40 $75.00 $3,000.00
33"RCP. LF 415 $90.00 $37,350.00
DEMO EXISTING 15"RCP LF 90 $20.00 $1,800.00
10'CURB INLET EA 2 $3,000.00 $6,000.00
2'x2'INLET EA 1 $3,250.00 $3,250.00
4'MANHOLE W/GRATE INLET TOP EA 1 $4,500.00 $4,500.00
INLET PROTECTION EA 3 $225.00 $675.00
4'STORM SEWER MANHOLE EA 1 $2,750.00 $2,750.00
TRENCH SAFETY LF 655 $1.00 $655.00
INSPECTION FEE PER 5% $69,980.00 $3,499.00
x'�� R1 .Tu i^Jd4 3fl �
SUB-TOTAL STORM SEWER SYSTEM $73,479.00
1 of 4
Exhibit "A"
EXHIBIT A
LENNAR HOMES
OPINION OF PROBABLE COST
PROJECT NAME: Murphy Road Full Section LOTS - DATE 1/18/13
CITY: Coffeyville,7X LF STREET 661.00 CREATED BY: DRB
JOB NUMBER: 063451007 NET ACRES: CHECKED BY: MEH
GROSS ACRES: 0.76 REVISED BY: MEH
C.WATER DISTRIBUTION SYSTEM
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM COST
ADJUST FIRE HYDRANT ASSEMBLY EA 2 $900.00 $1,800.00
ADJUST GATE VALVE&BOX EA 4 $500.00 $2,000.00
ADJUST SERVICE EA 1 $750.00 $750.00
INSPECTION FEE PER 5% $4,550.00 $227.50
SUB-TOTAL WATER DISTRIBUTION SYSTEM $4,777.50
D.STREET&ALLEY PAVING
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM COST
6"REINF.CONCRETE STREET PAVEMENT(31'B-B) SY 2,500 $40.00 $100,000.00
6"ASPHALT PAVEMENT SY 150 $45.00 $6,750.00
6"SUBGRADE PREPARATION SY 2,850 $3.50 $9,975.00
HYDRATED LIME(36#/SY) TN 52 $145.00 $7,540.00
PAVEMENT HEADER LF 31 $7.50 $232.50
SAWCUT&REMOVE EXISTING PAVEMENT SY 1,616 $8.50 $13,736.00
TEMPORARY GRAVEL DRIVE EA 8 $2,000.00 $16,000.00
TRAFFIC HANDLING MO 2 $3,500.00 $7,000.00
INSPECTION FEE PER 5% $154,233.50 $7,711.68
SUB-TOTAL STREET AND ALLEY PAVING $168,945.18
2 of 4
Exhibit "A"
EXHIBIT A
LENNAR HOMES
OPINION OF PROBABLE COST
PROJECT NAME: Murphy Road Full Section LOTS - DATE 1/18/13
CITY: Coffeyville,7X LF STREET 661.00 CREATED BY: DRB
JOB NUMBER: 063451007 NET ACRES: CHECKED BY: MEH
GROSS ACRES: 0.76 REVISED BY: MEH
E.MISCELLANEOUS ITEMS
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM COST
RELOCATE STREET SIGNS EA 4 $450.00 $1,800.00
ADJUST SANITARY SEWER MANHOLE EA 2 $3,000.00 $6,000.00
RELOCATE VERIZON HUB,COM BOX,LOWER LINES EA 1 $35,000.00 -
LOWER AT&T FIBER FOR STORM EA 1 $15,000.00 -
RELOCATE OHE POLES ALONG SOMERSET EA 2 $2,500.00 -
RELOCATE MAILBOX EA 2 $350.00 $700.00
ADJUST GAS SERVICE EA 1 $1,500.00 $1,500.00
SUB-TOTAL MISCELLANEOUS ITEMS $10,000.00
F.SIDEWALK
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE ITEM COST
8'SIDEWALK ALONG SOMERSET MANOR SF 2,720 $3.75 $10,200.00
BARRIER FREE RAMP SOMERSET EA 2 $950.00 $1,900.00
SUB-TOTAL MISCELLANEOUS ITEMS $12,100.00
SUMMARY
A.EXCAVATION $34,020.00
B.STORM SEWER SYSTEM $73,479.00
C.WATER DISTRIBUTION SYSTEM $4,777.50
D.STREET AND ALLEY PAVING $188,945.18
E.MISCELLANEOUS ITEMS $10,000.00
F.SIDEWALK $12,100.00
SUB-TOTAL: $303,321.68
ENGINEERING&STAKING $9,300.00
CONTINGENCIES: 10% $30,332.17
TOTAL CONSTRUCTION COSTS: $342,953.84
3 of 4
Exhibit "A"
EXHIBIT A
LENNAR HOMES
OPINION OF PROBABLE COST
PROJECT NAME: Murphy Road Full Section LOTS - DATE 1/18/13
CITY: Colleyville,TX LF STREET 661.00 CREATED BY: DRB
JOB NUMBER: 063451007 NET ACRES: CHECKED BY: MEH
GROSS ACRES: 0.76 REVISED BY: MEH
Notes:
This estimate assumes an 31'B-B street section.
Verizon cost based on onsite meeting with Michael Cook. Estimate assumes that new line will be required along entire frontage of Murphy
from Precinct Line Rd to Reserve at Colleyville. Per meeting,should the proposed work(move 2 existing HUBs,lower line for inlets,
lower line for storm sewer crossing, relocate cabinet)be done by moving existing cable,fee would be reduced to$5k to$7k. This lower
value also assumes there will be sufficient cover over the existing line as it is located underneath the proposed pavement.
AT&T has not been able to be reached to discuss proposed work. Estimate above reflects lowering of line due to storm sewer crossing.
Proposed Murphy is on fill over the existing AT&T line and existing fiber will not have to be lowered,otherwise.
OHE required to be relocated due to 8'sidewalk along Murphy.
This estimate assumes there is sufficient cover over the existing waterline on the south side of Murphy, City of Murphy to pothole line for
confirmation within 2 weeks.
This estimate assumes an 8'sidewalk section along Somerset Manor and a 5'section fronting the Quinby property and the south ROW of Murphy.
4 of 4
Exhibit "A"
EXHIBIT B
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