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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 Ili i RRt IMF PO i R§1 � �i�� ��> � 119 NI � d�� � g �" i i� '��� ii$$i►! R ni `{1 hE 111i1 i{/i n� 111 N e! ■ }ii13! "3 iii °+ '>i :�! ! " ,e � � Ii --��4,c r i°"°.. 1 9.:,A� ,i is S \ e �, ,! -� ii4 ! ii4 ii4 ii4 ii4 ,� ii4 ...yS� .r'T7 ! RR■ .R� RR� .R: RF° RR■ rill6 �I i 4 LL 111q _ R �� gip,' /I_ �� v t� �v�� 4 �p+ 3MMMM J F 1m...'LJ� A 41 : , `i-_ It I -_ �_ ._.-. ii > • i LL 611 i i i I I li i �J jai I i� .. �... �F iii 116= li 7E iii V Y« I Hi g �' nipp ;II i�4,� IR�� iR■ �F■ 31 Iii i.. it �F' > � C iG, i ,a■-,. �/ LL- __� I II Id 1 iE N I I 111 1°4' ■ h�i ill i#;ii l i 411 iyi