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HomeMy WebLinkAboutContract 26101SECTION ONE COMMUNITY FACILITIES AGREEMENT CITY SECRETARY to install CONTRACT NO. WATER AND SEWER SERVICES for SUMMER CREEK SOUTH PHASE IB A. The City agrees to permit the Developer to let a contract for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Charter, and subject to the requirements of the City's Policies and Regulations for Installation of Community Facilities, all as current at the time of installation: WATER FACILITIES serve the lots as shown on the attached Exhibit A , and SANITARY SEWER FACILITIES to serve the lots as shown on the attached Exhibit A-1 all in accordance with plans and specifications to be prepared by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to allow the Developer to install, at his expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A . The estimated cost of these service lines is $ 69,750. 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. C. The construction cost of the water facilities herein concerned, exclusive of service lines and engineering is estimated to be Two Hundred Ninety - Nine Thousand, Seven Hundred and One Dollars ($299,701). D. The City agrees to allow the Developer to install, at his expense, at the time all other sanitary sewer mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A-1 . The estimated cost of these service lines is $ 67,500. 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. E. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be Two Hundred Twenty -Nine Thousand, One Hundred Dollars ($229,100). PROJECT NAME: SUMMER CREEK SOUTH PHASE IB F. Prior to allowance of the construction contract by Developer, the Developer agrees to provide acceptable financial guarantee to the city for 100 percent of the construction of the construction costs along with payment of any Ordinance costs and fees that are applicable. Prior to the award of the construction contract by the City or the commencing of any work by the City or its contractors, the Developer agrees to pay to the City: (1) (a) One Hundred percent (100%) of the Developer's cost of all water and sanitary sewer facilities within the development, exclusive of engineering and service costs, sized to provide water and sanitary sewer service within the development. (b)One hundred percent (100%) of the Developer's cost of all approach water and sanitary sewer facilities outside the limits of the development sized to provide water and sanitary sewer service to the development. (c) One hundred percent (100%) of the Developer's cost of any approach water main facility or water facility within the development that is 8 -inches in size for non -industrial development and 12 -inches in size for industrial development. (d)One hundred percent (100%) of the Developer's cost of any approach sanitary sewer main facility or sanitary sewer facility within the development that is 8 -inches in size. (2) An additional ten percent (10%) of the total of the Developers cost of these water and sanitary sewer facilities, exclusive of cost of service lines, is required for design engineering if such engineering is performed by the City at the Developer's request. (3) One hundred percent (100%) of the Developer's cost of all service lines, estimated under 1-13 and 1-D above, in accordance with the provisions of the current Fort Worth City Code. (4) A construction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construction cost (including all services) of the water and/or sanitary sewer facilities. G. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all water and sanitary --,P-wt--r facilities to be constructed hereunder is estimated as follows: I-2 V r )E rMG�Y °Iw.�l i� ("Uo I���v�US�LWo YISW. PROJECT NAME:: SUMMER CREEK SOUTH PHASE IB (1) WATER FACILITIES: Estimated Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ 234,774 $ 63,525 $ 298,299 Approach $ -0- $ -0- $ -0- (b) Easements* $ -0- $ -0- $ -0- (c) Services 150 - single 1") $ 69,750 $ -0- $ 69,750 (d)Park Participation $ -0- $ 1,402 $ 1,402 Sub -Totals, Water $ 304,524 $ 64,927 $ 369,451 (2) SANITARY SEWER FACILITIES: (a) Development $ 229,100 $ -0- $ 229,100 Approach $ -0- $ -0- $ -0- (b) Easements "` $ -0- $ -0- $ -0- (c) Services( 150 -4") $ 67,500 $ -0- $ 67,500 (d)Park Participation $ -0- $ -0- $ -0- Sub-Totals, Sewer $ 296,600 $ -0- $ 296,600 (3) TOTAL CONSTRUCTION COST: $ 601,124 $ 64,927 $ 666,051 (4) CONSTRUCTION INSPECTION FEE: $ 12,022 $ 1,299 $ 13,321 *to be dedicated by the developer. ** see Page 1-4 for City Cost A AWN ** CITY PARTICIPATION BREAK -DOWN FOR: PROJECT NAME:: SUMMER CREEK SOUTH PHASE IB WATER FRONT FOOTAGE CALCULATIONS OPTION A: (Perimeter of Subdivision Adjacent to Park) / 6 Total Front Footage = UNK L.F. / 6 = UNK L.F. OPTION B: (Linear Feet of Water Line Adjacent to Park) Total Front Footage = 534 L.F. Front Footage Calculation use lesser of Option A and Option B = 534 L.F. WATER FRONT FOOT CHARGE: 534 L.F. X $10.50 = $ 5,607/4 = $1,402 OVERSIZED WATER MAIN (Developer pays up to 12" water line; City pays the difference between 16712" water line and gate valve) ONSITE: 16'712" Water Line ($48-$23) 1,997 L.F. x $25.00 = $ 49,925.00 16"/12" Gate Valve ($8,000-$1,200) 2 Each x $ 6,800.00 = $ 13,600.00 Subtotal $ 63,525.00 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT = $ 64,927 I-4 L PROJECT NAME:: SUMMER CREEK SOUTH PHASE IB H. The above charges do not include any front foot charges for connection to existing or proposed water and/or sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Section III of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in September, 1992. These additional charges are as follows: 1. Applicable to this Contract in the amount of $ N/A. by Contract No. N/A dated N/A Applicable CFA Name N/A Date: N/A Number N/A When water facilities are installed by contract, installation of water services will be included as part of the contract. Installation of meter boxes on those services may be done by the City, after completion of construction of all relative curb and gutter work on the water facilities project site, at a cost of $70/$135 per contract -installed charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract. The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform City standards. J. Within a reasonable time after completion of the above referenced facilities to be constructed by contract awarded by the Developer, provided all conditions for City participation have been met, the City agrees to pay the Developer the "Estimated City Cost" set out in 1-G above; provided, however, that said payment shall be calculated using the actual construction costs and actual service costs under the provisions of 1-5 PROJECT NAME:: SUMMER CREEK SOUTH PHASE IB the current Fort Worth City Code, (said payment to be calculated as in 1- G above), based on actual quantities as reflected in the final estimate paid to the Contractor by the Developer and on the actual records of cost kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual costs exceeds $25, Developer agrees to pay to the City and underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. K. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. In the event water and/or sanitary sewer facilities work is not completed within the (2) year period, City may, at its election, complete such work at Developer's expense. L. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. RECOMMENDED: Lee C. Bradley, Jr. D i recto r Water Department Date i C D U L�L'Uo M 4— FoF,TWOP,TH —e, COMMUNITY FACILITIES AGREEMENT to install STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN IMPROVEMENTS For Summer Creek South, Phase 1 B A. The Developer agrees to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B-1, C. B. The Developer agrees to comply with all city accepted practices, ordinances, regulations, as well as provisions of the City Charter, the City Subdivision Ordinance, City Design Standards and the current Policy for Installation of Community Facilities in the design, contracting and installation of required "current improvements". C. The Developer agrees to comply with the General Requirements contained herein (Attachment A). D. As shown on the attached "Summary of Cost", the Developer agrees to fund his share of "current improvements" and to pay the City for his share of the cost of street, storm drainage, street lighting, street name sign and other community facilities shown as "future improvements" on the attached Exhibits B, B-1, C. Payment is due at the time this agreement is executed by the City and the Developer. E. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to be $1,244,366. In accordance with the City's current Policy for Installation of Community Facilities as shown in the Cost Summary on page 3, The Developer shall contribute Dollars $1,119,411 of the total amount. The City shall contribute Dollars $124,955 of the total amount. F. Developer agrees to provide, at his expense, all necessary rights of way and easements required to construct current and future improvements provided for in this agreement. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ;% THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TExAs 76102 (817) 871-7800 * FAx (817) 871-8092 0 Printed on recycled paper .r .r Summer Creek South, Phase 1 B G. Developer agrees to relieve the City of any responsibilities for any inadequacies in the preliminary plans, specifications and cost estimates supplied for the purpose of this contract. H. Developer also agrees to install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. 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). J. Developer agrees that no lot shall be occupied until improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer agrees to complete the improvements covered by this agreement within 90 calendar days after having been instructed to do so, in writing, by the Director of Transportation and Public works. It is understood that the developer will initiate the construction of all improvements to conform with his own schedule, except for those improvements which the Transportation and Public Works Director deems necessary for the proper and orderly development of the area. In the event Developer fails to carry out any such instructions within the 90 -day period, the Developer gives the City the right to design and award a contract, and inspect the improvements in question, and agrees to pay to the City prior to the award of the contract, the amount of the low bid. L. City participation in "current improvements" shall not exceed 125% of cost shown in Summary of Cost. uVVO(G�I11 EEcc: ��G?D 2 CNN 5ECIL , a y SUMMARY OF COST SUMMER CREEK SOUTH ADDITION, PHASE IB Item Developer Cost Park Cost City Cost Total Cost A. Construction 1. Streets $ 738,883.00 $ 22,691.00 $ 32,755.00 $ 794,329.00 2. Storm Drainage $ 312,422.00 $ 31,584.00 $ - $ 344,006.00 3. Street Lights $ 48,400.00 $ 48,400.00 4. Street Name Signs $ 880.00 $ - $ - $ 880.00 B. Engineering Design (6%) $ - $ 3,257.00 $ 1,965.00 $ 5,222.00 C. Construction Engineering Management by $ 3,257.00 $ -and $ 46,494.00 $ 67,520.00 TOTALS $ 1,121,611.00 $ 60,789.00 $ 81,214.00 $ 1,263,614.00 1. Forty-two (42) feet and wider street include sidewalk cost. 2. Construction items (1-2) cost includes 10% contingencies for Developer and City. 3. Developer's column for Item C represents two percent (2%) costs for construction inspection and materials testing. 4. City not preparing plans and specifications. 5. Park Department participation (TESCO ROW not included) for streets adjacent to City Park is $60.789. CFA CODE: 99092 CASE No. FP99068 3 FF C^r' C., N VEX E. STREET LIGHTS: 1. STREET LI^viii COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 8 EA $ 2,000 $16,000.00 MID -BLOCK RESIDENTIAL 4 EA $ 2,000 $8,000.00 CHANGE OF DIRECTION RESIDENTIAL 5 EA $ 2,000 $10,000.00 MID -BLOCK COLLECTOR 5 EA $ 2,000 $10,000.00 MID -BLOCK ARTERIAL PARKWAY 0 EA $ 2,000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2,200 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__ Subtotal City's Cost Developer's Subtotal loo Contingencies Project Total Adjacent Developer's Cost Developer's Cost 2% Inspection Fee SUMMERMCREEK SOUTH, PHASE 1B Fort Worth, Texas $44,000.00 $ ---0--- $44,000.00 $4,400.00 $48,400.00 $ --0-- $48,400.00 $ 000.00 March 29, 2000 MW 2. STREET LIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in Exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2. Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. 3. Streetlights on arterial streets shall be installed with underground conduit and conductors. 4. The Developer shall provide for the installation of a 11/, -inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18 -inch behind the curb, "clear from all other utilities". S. The Developer shall provide for the installation of a 11/ -inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. 6. A 3 -inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 7. The developer shall pay a two percent (2%) fee of the construction cost for construction engineering and inspection of the street light installation. 8. Before the city install the streetlights, the developer shall pay the total amount shown below to the city at the time of execution of the community facilities agreement. 9. The developer or their contractor shall contact City's street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-8100 to insure proper inspection of work. TOTAL DEVELOPER'S COST $48,400.00 SUMMER CREEK SOUTH, PHASE 1B Fort Worth, Texas March 29, 2000 � jL� VI,�� fj,� P""I U Un F66�I lly U �(Na INTERSECTIONS SUMMER PARK DR & SUMMER CREEK RD------ 1 SUMMER PARK DR & WHIPPOORWILL DR------ 1 SUMMER PARK DR & SUNNYWAY DR---------- 1 SUMMER PARK DR & WHISPER DR----------- 1 SUNNYWAY DR & WHIPPOORWILL DR--------- 1 HAYLOFT CT & WHIPPOORWILL DR---------- 1 SOUTHERN PRAIRIE DR & WHISPER DR------ 1 ROCRY CT & WHISPER DR----------------- 1 TOTAL 8 MID -BLOCK RESIDENTIAL SUMMER PARK DR------- 2 WHIPPOORWILL DR------ 1 SOUTHERN PRAIRIE DR -1 TOTAL 4 CHANGE OF DIRECTION RESIDENTIAL WHIPPOORWILL DR -----2 SOUTHERN PRAIRIE DR -1 HAYLOFT CT--------- 1 ROCKY CT----------- 1 TOTAL 5 MID -BLOCK COLLECTOR SUMMER CREEK RD---- 5 TOTAL 5 SUMMER CREEK SOUTH PHASE, 13 u'Lee Cco) �rrrli �I AdMIk ,.` IV STREET NAME SIGNS 1. The Developer agrees to pay for the street name sign installations required by this development to the extent of $80.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 2. This development creates the following eleven (11) intersections at a cost to the Developer of $880.00: Summer Creek Road and Summer Park Drive Summer Park Drive and Whisper Drive Rocky Court and Whisper Drive Southern Prairie Drive and Whisper Drive Southern Prairie Drive and Southern Prairie Drive Summer Park Drive and Southern Prairie Drive Summer Park Drive and Sunnyway Drive Summer Park Drive and Whippoorwill Drive Sunnyway Drive and Whippoorwill Drive Hayloft Court and Whippoorwill Drive Whippoorwill Drive and Whippoorwill Drive 3. The Developer may either deposit cash funds with the City equal to the above amount at the time of Community Facilities Agreement approval or wait until the street name signs are to be installed. If the Developer elects to wait, the cost of street name signs will be at the rate prevailing when the Developer deposits funds with the City. 4. The City will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City. SUMMER CREEK SOUTH PHASE 1B Fort Worth, Texas IV -1 October 20, 1999 G'�G��'M A=k AdIlk park areas as determined by the City Parks and Community Services Department prior to deeding of said areas to the City. This would include, but not be limited to, removal of trash and construction debris deposited on the said park areas. G. Developer agrees that there shall be no transfer of interest in said park area, either express or implied, prior to deeding, of said areas to the City without the consent of the City Manager, City of Fort Worth. H. The Developer will, at the time of dedication of the park, provide the Parks and Community Services Department with final plat drawings of the park that will be submitted and filed by the Parks and Community Services Department. The drawings will be provided at the expense of the Developer. The City Parks and Community Services Department's participation in this contract as to land acquisition, development and maintenance is subject to City Council approval and adequate funding of the project. Recommended: Richard Zavala, ,rector Parks and Community Services Department E..R. d I c Har,. erod Files old dare\My Dmunleuls.CFAs Summercrcck Suud, IA -d IB Addendum due Awk WATER AND/OR SANITARY SEWER FACILITIES ATTRIBUTABLE TO PARK DEPARTMENT A. One half of the front foot charges of the water facilities herein concerned exclusive of service line and engineering attributable to the Parks and Community Services Department is estimated to be $1402 B. One half of the front foot charges of the sanitary sewer facilities herein concerned exclusive of service line and engineering attributable to the Parks and Community Services Department is estimated to be $0 C. The City's shares of water and sanitary sewer costs for services to the proposed park will be due and payable to the developer upon; Completion of the related water and sanitary sewer facilities. 2. Delivery of required park construction documents related to the park property to the Parks and Community Services Department. Whichever event occurs last. Recommended Richard Zavala, Director Parks and Community Services Department F V I iGOG1,'E COED CRY Qf 9. E. Rudlc Harwood Fil—Id d—lMy Docul11c n,CF.1a Sunuiic,,—L S-11, I A eW IH addinduiu �.�. i.. STORM DRAINAGE FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot charges of storm drainage extensions and improvements, including design, engineering, administration and inspection contingencies attributable to the Parks and Community Services Department at an estimated cost of $35,374 B. The City's share of park paving costs to the proposed park will be due and payable to the developer upon: 1. Completion of storm drainage improvements, restoration of turf and vegetation on the disturbed areas due to the associated construction and grading; and 2. Delivery of title to the park property to the City. Whichever event occurs last. Recommended, Richard Zavala, Direct r Parks and Community Services Department CX-ECAAU EEC -RD E:\Randle Harwood File—lddataWy Documcnu,CFAs'Summcareck South IA and 18 .aJdcumuu Ju. 1 B. PAVING (TOTAL CO ''ST) ITEM DESCRIPTION QUANTITY I UNIT Cw.,sT/UNIT I TOTAL. COST i Street excavation (Summer Creek Rd.) 6" Lime Subgrade Preparation 15,000,C.Y. 28,752 S.Y. 3.001 1.50,--.43,128 45,00-0.00001 00 Hydrated Lime for Subgrade (30 #/SY) f 5" Reinf. Cone. Pavement (29' B -B) 431 ITON 21,350 1 S.Y. 95.00 1 19.50 40,9 54 00 416,325.00 7" Reinf. Conc. Pavement (27' B -B) 5,775 S.Y. 1 29.00 167,475.00 Material Testing 1 L. S. 3,500.00 3,500.00 Barricades 40 L.F. 50.00 2,000.00 Const. Std. Street Header 40 L.F. 10.00 400.00 4 -foot Sidewalk (Summer Creek Rd.) ~T6" 7,620 S.F. 2,50 19,050.00 Traffic Buttons 15 1 EA. 12.00 180.00 ,Stormwater Management Maintenance 1 L.S. 1,000.00 1,000.00; Performance/Payment/Maintenance Bo 1 L.S. $739,003.00 11,085.05 $750,088.05 Inspection Fee (2%) 1 1L.S. L 15,001.761 15,001.76 B. CITY PARTICIPATION (PAVING) ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST Street excavation (Summer Creek Rd.) 2,000 C.Y. 3.00 6,000.00 6" Lime Subgrade Preparation 785 S.Y. 1.50 1,177.50 Hydrated Lime for Subgrade (30 #/SY) 12 TON 95.00 1,140.00 7" Reinf. Conc. Pavement 740 S. Y* 29.00 21,4613.00 t90 777 in; B. PARK PARTICIPATION (PAVING) ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST Street excavation (Summer Creek Rd.) 2,000 1C.Y. 3.001 6,000.00 6" Lime Subgrade Preparation 1,132 S.Y. 1.50 _ 1,698.00 Hydrated Lime for Subgrade (30 #/SY) 17 TON 95.001 1,615.00 7" Reinf. Conc. Pavement (450 L.F) 725 S.Y. 29.001 21,025.00 5" Reinf. Conc. Pavement (Interior SubdJ 368 S.Y. 19.501 7,176.00 B. PAVING (TOTAL EST. COST) CITY'S SHARE PARK'S SHARE DEVELOPER'S SHARE '-�3 /,b'14.uu $750,088.05 $29,777.50 $37,514.00 $682,796.55 1. Paving cost estimate is based on a 27' b -b with the developer responsible for 20.5' and the city 6.5' for Summer Creek Road. 2. Interior streets are based 29' b -b with 1/2 of street cost adjacent to the Park assessed to the Park department. 3. The Parks department will be responsible for 14.5' section for Summer Creek Road along the park. CCi1C SUMMER CREEK SOUTH, PHASE IB Page 3 B-1,. STORM DRAINArmv- (TOTAL, eOSTI. AW, ITEM' DESCRIPTION QUANTITY UNIT (,,,ST/UNIT TOTALOST ' ,24" RCP 380 L.F. 39.00 14,820.00 36" RCP 560 L.F. 50.00 28,000.00 42" RCP 150 L.F. 65.00 9,750.00 ;48" RCP 150 L.F. 90.00 13,500.00; j 160" RCP 150 L.F. 110.00 16,500 00 15-10'x T Box Culvert (Creek crossing) 60 L.F. 2,000.00 120,000.00 Parallel Headwall w/conc. slab 1 EA. 25,000.00 25,000.00 20' Standard Curb Inlet 5 EA. 3,000.00 15,000.00 15' Standard Curb Inlet 2 EA. 2,800.00 10' Standard Curb Inlet 5 EA. 2,600.00 _5,600.00 13,000.00 60" Std. Headwall 1 EA. 3,500.00 48" Std. Headwall 1 EA. 3,000.00 _3,500.00 3,000.00 42" Std. Headwall Creek regrading 1 EA. 1 L.S. 2,800.00 7,500.00 2,800.00 7,500.00 Concrete/Rock Riprap 80 S.Y. 60.00 4,800.00 Inlet protection devices 1 EA. 250.00 250.00 Stormwater Management Maintenance 1 L.S. 1,000.00 1,000.00 Performance/Payment/Maintenance Bo 71L. S. $284,020.00 4,260.30 $288,280.30 Inspection Fee (2%) 1 L.S. 5,765.61 5,765.61 B-1. CITY PARTICIPATION STORM DRAINAGE ITEKD —ES RIPTION QUANTITY I UNIT COST/UNIT TOTAL COST L.F. 0.00 $0.00, ee B-1. PARK PARTICIPATION ee B-1. STORM DRAINAGE (TOTAL EST. COST) CITY'S SHARE PARK'S SHARE DEVELOPER'S SHARE SUMMER CREEK SOUTH, PHASE IB 1 RM DRAINAGE L.S. ICON, n ` 9 , ,fir'rF Fi51� �7n P" .if $288,280.30 $0.00 $0.00 $288,280.30 Page 4 C. STnIET LIGHTS STREET NAMES (TOTAL C ITEM DESCRIPTION QUANTITY UNIT (.,,,STIUNIT I TOTAL Street Lights 21 EA. 2,200.00 46,200.00 Street Light Design Fee (10%) 1 1L.S. 1 4,620.00 4,620.00 Street Signs 1 9 1 EA. 1 100.00 900.00 C. CITY PARTICIPATION(STREET LIGHTS & STREET NAMES ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST Street Lights 0 EA. 2,200.00 0.00 Street Light Design Fee (10%) 0 L. S. 0.001 0.00 C. PARK PARTICIPATION $0.00 STREET LIGHTS & STREET NAMES ITEM DESCRIPTION QUANTITY UNIT COST/UNIT I TOTAL COST Street Lights 0 EA. 0.001 0.00 Street Light Design Fee (10%) 1 0 L. S. 0.001 0.00 C. STREET LIGHTS & STREET NAMES (TOTAL EST. COST) CITY'S SHARE PARK'S SHARE DEVELOPER'S SHARE SUMMER CREEK SOUTH, PHASE IB $0.00 $51,720.00 $0.00 $0.00 $51,720.00 Page 5 A0911k At ATTACHMENT A GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the developer shall employ a civil engineer, licensed to practice in the State of Texas, for the design and preparation of plans and specifications for the construction of all current improvements covered by this contract, subject to Paragraph B. B. For any project estimated to cost less than $10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, and if such request is granted, the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project for such engineering services. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all current improvements, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Transportation/Public Works Department Director, and/or Water Department Director will be final. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth, and developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. E. It is further agreed that the decision of the City to not collect funds for "future improvements" required in previous CFA agreements does not constitute an obligation on the part of the City to construct such "future improvements" at its expense. A-1 F. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities or street, storm drain, street light and street name sign shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. If the construction under the Community Facilities Contract shall have started within the two-year period, the life of the Community Facilities Contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all updated agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities Contract that any of the facilities or requirements included in the contract that are to be performed by the developer, but not performed by the developer within the time periods stated above, may be completed by the City at the developer's expense. The City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. G. PERFORMANCE AND PAYMENT GUARANTEES 1. For Street, Storm Drain, Street Light and Street Name Sign Improvements to be Constructed by the Developer or City on Behalf of the Developer: Performance and Payment bonds or cash deposits acceptable to the City are required to be furnished by the developer for the installation of streets, storm drains, street lights, and street name signs, on a non - assessment basis, and must be furnished to the City prior to execution A-2 '�� OL ��� V1 G0D of this contract. The performance and payment bonds shall be in the amount of one hundred percent (100%) of the developer's estimated share of the cost of the streets, storm drains, street lights, and street name signs. If the deposit is in the form of cash, the deposit shall be in the amount of one hundred twenty five percent (125%) of the developer's estimated cost of the streets, storm drains, street lights, street name signs, and change orders (during the course of the project). 2. For Future Improvement: Performance and payment bonds or cash deposits, acceptable to the City are required to be furnished by the developer for one hundred percent (100%) of the developer's estimated cost resulting from the paving, drainage, lighting and name signage of border streets on an assessment paving basis. (Reference Section VI, Item 3, Development Procedures Manual.) Said performance and payment bonds or cash deposits must be furnished to the City prior to execution of this contract. Where the City lets the contract, performance and payment bonds shall be deposited, in the amount of one hundred percent 0 00%) of the estimated cost of construction as stated in the construction contract, is required prior to issuance of a work order by the City. 3. For Water and Sanitary Sewer Facilities: Performance and payment bonds, or cash deposits, acceptable to the City are required to be furnished by the developer for the installation of water and sanitary sewer facilities. a. Where the developer lets the construction contract for water and sanitary sewer facilities, performance and payment bonds shall be deposited, in the amount of one hundred percent (100%) of the estimated cost of construction, cash deposited shall be in the amount of one hundred twenty-five percent (125%), as stated in the construction contract, is required to be furnished simultaneous with execution of the construction contract. fl Ank b. Where the City lets the contract, performance and payment bonds shall be deposited, in the amount of one hundred percent (100%) of the estimated cost of construction as stated in the construction contract, is required prior to issuance of a work order by the City. 4. Types of Guarantees: a 17 Performance and Payment Bonds: Are required for the construction of streets, storm drains, street lights, and street name signs, the following terms and conditions shall apply: (1) The bonds will be standard performance and payment bonds provided by a licensed surety company on forms furnished by that surety company. (2) The bonds will be subject to the review and approval by the City Attorney. (3) The performance bond shall be payable to the City and shall guarantee performance of the street, storm drain, street light, and street name sign construction contemplated under this contract. (4) The Payment Bond shall guarantee payment for all labor, materials and equipment furnished in connection with the street, storm drain, street light, and street name sign construction contemplated under this contract. (5) In order for a surety company to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Cash Deposits verification that A cash deposit shall be acceptable with an attempt to secure a A-4 bond has been denied, �I�CiCO911 FROOM Ank such deposit shall be made in the Treasury of the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. (1) At such time that the contract is bid for projects other than assessment projects, the cash deposit shall be adjusted to one hundred twenty five percent (125%) of the actual bid price. No contract shall be awarded and no work order shall be issued until such adjustment is made. (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent (100%) of the estimated developer's share represents additional funds for change orders during the course of the project. This twenty five percent (25%) shall be considered the developer's change order fund. (3) If the developer makes a cash deposit with the City, the developer may make timely withdrawals from the cash funds in order to pay the contractor and/or subcontractor based on amount of construction work completed as approved and verified by the City Engineer or authorized representative. For projects whose actual total contract cost is $400,000 or greater, such release of security shall equal the percentage of work completed for that period multiplied by ninety-five percent (95%). This percentage shall be applied to the actual current total contract cost to determine the amount that may be reduced upon request of developer. For projects whose actual total contract cost is less than $400,000, such release of security shall equal the percentage of work completed for that period multiplied by ninety percent (90%). This percentage shall then be applied to the actual current total contract cost to determine the amount of security that may be reduced upon request of developer. The remaining security, five percent (5%) for projects of $400,000 or greater and ten percent (10%) for A-5 FR W",k ��_� :O ko CNN MoNpmpy projects less than $400,000 together with the remaining funds from the Developer's Change Order Fund, if any, will be released to the developer after the project has been accepted by the City. Partial release of funds shall be limited to once per month. There shall be no partial release of funds for projects of less than $25,000. Proof that the developer has paid the contractor shall be required for partial releases. 5. Purpose, Term and Renewal of Guarantees: a. Performance and payment bonds, and cash deposits furnished hereunder shall be for the purposes of guaranteeing satisfactory compliance by the developer with all requirements, terms and conditions of this agreement, including, but not limited to, the satisfactory completion of the improvements prescribed herein, and the making of payments to any person, firm, corporation or other entity with whom the developer has a direct contractual relationship for the performance of work hereunder. b. Developer shall keep said performance and payment bonds, and/or cash deposits in full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a default and breach of this agreement. H. The City shall assume its share of the cost of the improvements covered by this agreement along with the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City a performance and payment bonds or cash for 100 percent of the estimated total construction cost of the improvements [plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans]. On all facilities included in this agreement for which the developer awards its own construction contract, the developer agrees to follow the following procedures: A-6 ��� M��•'I'rl��n P �C5(f�a Adlhh� AWk 1. If the City participates in the cost of the facilities, the construction contract must be advertised, bid and awarded in accordance with State statutes prescribing the requirements for the letting of contracts for the construction of public work. This includes advertising in a local newspaper at least twice in one or more newspapers of general circulation in the county or counties in which the work is to be performed. The second publication must be on or before the tenth (10th) day before the first date bids may be submitted. The bids must be opened by an officer or employee of the City at or in an office of the City. 2. To employ a construction contractor, who is approved by the Director of the Department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public right of way. 3. To require the contractor to furnish to the City payment, performance and maintenance bonds in the names of the City and the developer for one hundred percent (100%) of the contract price of the facility, said bonds to be furnished before work is commence. Developer further shall require the contractor to provide public liability insurance in the amounts required by the City's specifications covering that particular work. 4. To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any paving, sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. 5. To secure approval by the Director of the Department having jurisdiction A-7 40116 AINk of any and all partial and final payments to the contractor. Said approval shall be subject to and in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. 7. It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construction contract for storm drainage and pavement, said contract shall be separated in the bidding and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. J. Anything to the contrary herein notwithstanding, for and in consideration of the promises and the covenants herein made by the City, the developer covenants and agrees as follows: 1. The developer shall make separate elections with regard to water and/or sanitary sewer facilities, storm drainage, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, or by its contractor, or by the developer, through its contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been made and delivered to City by such date, it shall be conclusively presumed that the developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph V -F hereof. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City A-8 1.=? V;Vk�� rWH 713W AML .Ok a performance and payment guarantee in accordance with the provisions of Paragraph V -F of this agreement. 3. In addition to the guarantee required in the preceding paragraph, in the event developer elects that the work be performed by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City the developer's share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections « 5» hereof, based upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject work. Such estimated payment shall be made promptly upon demand by City, it being understood that such payment will be made after the receipt of bids for work, but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. 4. 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 and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement or the construction of the improvements or facilities described herein, whether or not causes, on whole or in part, by the negligence of officers, agents, employees, licensees, invitees, contractors or subcontractors of the City; and in addition the developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claims, suits, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the developer, its contractors, subcontractors, agents or employees, whether or not A-9 kcl(,u DD CNN 0121PI��5�(°�OY caused, on whole or in part, by the negligence of officers, agents, employees, licensees, invitees, contractors or subcontractors of the City. 5. Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bonafide occupational qualification, subcontractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is discriminating against any individual involving employment as prohibited by the terms of such Ordinance No. 7278 (as amended by Ordinance No. 7400). K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. L. The City's Policy for the Installation of Community Facilities, as adopted by the City Council on September 1992, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said Policy as a condition of this contract and as a condition to the platting of the subject property. M. The following descriptions of work apply, as appropriate, to the areas included in the Community Facilities Agreement: 1. STREETS Streets as shown in Exhibit B will be in accordance with plans and specifications prepared by the Owner's engineer and approved by the Director of Engineering. 2. STORM DRAINAGE Storm drain as shown in Exhibit B — 1 will be in accordance with plans and specifications prepared by the Owner's engineer and approved by the Director of Engineering. A-10 - i 1)11 Amok AM** 3. STREET LIGHTING a. The Developer shall provide for the installation of streetlights by the City forces at the approximate locations shown in Exhibit C, immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. b. Streetlights on residential and / or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. c. Streetlights on arterial streets shall be installed with underground conduit and conductors. d. The Developer shall provide for the installation of a 1'/4 inch schedule 40 PVC conduit at the depth not less than 30 inches and at least 18 inch behind the curb, "clear from all other utilities". e. The Developer shall provide for the installation of a 1'/4 inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational. f. A 3 inch schedule 80 PVC conduit is required when crossing streets at depth not less than 30 inches, unless indicated otherwise on the plans. Concrete pull boxes shall be provided at the crossing points. g. Luminaire ballast shall be rated for multitap operation and each luminaire shall have it's own photocell. 4. TRAFFIC CONTROL DEVICES a. The Developer agrees to pay for the street name sign installations required by this development to the extent of $80.00 per inspection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. b. This development creates the following number intersections at a total cost as shown to the Developer. c. The Developer may either deposit cash funds with the City equal to the following amount at the time of Community Facilities Agreement approval or wait until the street name signs are to be installed. If the Developer elects to wait, the cost of street name signs will be at the rate prevailing when the Developer deposits funds with the City. A-11 10C �!'�@ �e d. The City will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City. 5. OTHER WORKS In the event that other works is required it will be included as specific requirements to Community Facilities Agreement. 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 City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has exe uted this instrument in quadruplicate, at Fort Worth, Texas this the ay of , Y-49- 200C) APPROVED AS TO FORM AND LEGALITY: Gary J. Steinberger Assistant City Attorney ATTEST: Gloria Pearn � .2 City Secret -try RECOMMENDED: go Malanga, P.E. - pj;0j 41+1 Director, Transportation and Public Works CITUOFF 7TH, TEXAS By: Mike GroomAr Assistant City Manager Lu DEVELOPER:! By: 1 P61 . Tim leet, President A-12 c - 4L9)5 y Contract Authorization Date r f��BL B °�� FO RD NOT TO SCALE LOCATION MAP "SUMMER CREEK SOUTH PHASE 1B"H';CNGc'icccok,D Ty E1,-- MAEDv WF�cH ENGINEERING, �� " CONSUL 77NG ENGINEERS 16* WATER UNE 1997 LF.) ER: Pq 1C - t"=300' EXHIBIT "A91- WATER A"WATER IMPROVEMENTS "SUMMER CREEK SOUTH PHASE 18' WELCH ENGINEERING, I NC. %- ON,, UL T'; ,'G E NG1NE ERS Alk EXHIBIT "A-1 " SANITARY SEWER IMPROVEMENTS "SUMMER CREEK SOUTH PHASE 113" WELCH ENGINEERING, I NC. CONSUL TING ENGINEERS ALE: 1"=300' 271-B 12.6 14.5' `LyJ !IT! I Xt DEVELOPER'S PARTICIPATION W r r 5" PAVEMENT W/ 5" CROWN rrL ® ON 6" LIME SUBGRADE DEVELOPER'S PARTICIPATION �fr i 7" PAVEMENT W/ 2% CROSS SLOPE ZZ:err �� ON 6" LIME SUBGRADE j�j / / \ `• �'�_` ® CITYS PARTICIPATION (6.5') 7 PAVEMENT W/ 2% CROSS SLOPE i ON 6" LIME SUBGRADE PARK'S PARTICIPATION (14.5') 7" PAVEMENT W/ 2% CROSS SLOPE OR 5" PAVEMENT W/ 5" CROWN "''ON V LIME SUBGRADE A ERl PA K G' RI YYr 1300' EXHIBIT "B" 10)O��s PAVING IMPROVEMENTS Ngv)f�o y "SUMMER CREEK SOUTH PHASE 1 B" F; WELCH ENGINEERING, INC. 1 CONSUL TING ENG/NEE RS RCP S - IW x7' „.„ BOX CULVERT ER PA K Zr NP SCALE: 1 "=300' EXHIBIT "B — I to STORM DRAIN IMPROVEMENTS "SUMMER CREEK SOUTH PHASE 113" CI Y Kf"--- JS ° spy WELCH ENGINEERING, I NC. � �a U15x CONSUL T/NG ENGINEERS ,r l Ir P I Ij lips r IaJ _ 4 UM ER PA K R� e I kip WolpoO * -- PROPOSED STREET LIGHT -- EXISTING STREET LIGHT -- PROPOSED STREET SIGN SCALE: 1"-300' EXHIBIT "C" STREET LIGHTS "'SUMMER �Weil �I SUMMER CREEK SOUTH PHASE 113" WELCH ENGINEE UNC., INC. CONSUL TING ENGINEERS i COMPLETION AGREEMENT This Completion Agreement (hereinafter called the "Agreement") is made and entered into by and among the City of Fort Worth (hereinafter called the "City", Summercreek South Development, Ltd., a Texas corporation (hereinafter called the "Developer"), and First Continental Investments Co., Ltd. (hereinafter called the "Lender"), effective as of December 20, 1999. The City, the Developer and the Lender are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains 38.629 acres that is located in the City, the legal description of which tract of real property is marked Exhibit A — Legal Description, attached hereto and incorporated herein for all purposes (which tract of real property is hereinafter called "Summercreek South (1B)"; and WHEREAS, the Developer intends to develop Summercreek South (1B) as an addition to the City, and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Summercreek South (1B) (hereinafter called the "CFA"); and WHEREAS, the City has required certain assurances of the availability of funds to complete the streets, street signs and lights, and the water and sewer utilities for the development of Summercreek South (1B) (herein collectively called the "Community Facilities"), and WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter defined) subject to, and in accordance with, the terms, provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of Summercreek South (1B) (hereinafter collectively called the "Plans"); and WHEREAS, the Parties desire to set for the terms and conditions of such accommodations as are described above. 0-[,, �� COMPLETION AGREEMENT — Page 1 l : W1011'➢ ��� NOW THEREFORE, for and in consideration of the benefits to be derived from the mutual observance by the parties of the terms and conditions hereof, and for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the Community Facilities in the aggregate should not exceed the sum of One Million Three Hundred Fifty -Two Thousand Seven Hundred Twenty -Five Dollars and no cents ($1,352,725.00) (hereinafter called the "Completion Amount"). Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. 3. Adjustments to the Completion Amount. The Lender will from time to time make advances to the Developer for the development of Summercreek South (1B) under the development loan that has been made by the Lender to the Developer for the purpose of financing the costs of constructing the Community Facilities of Summercreek South (1B) (hereinafter called the "Loan") subject to, and in accordance with, the terms, conditions and provisions of the Loan Documents (which term is hereinafter defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit B, attached hereto and incorporated herein for all purposes, with the Hard Costs (which term is hereinafter defined) line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and installation of the Community Facilities. To the extent that Lender advances funds to Developer under the Loan are for the payment of Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold statutory retainage from any advances under the Loan or pursuant to this Agreement. All such retainage withheld, to the extent it is attributable to Hard Costs, shall also reduce the Completion Amount dollar for dollar. All retainage withheld by the Lender for Hard Costs that are advanced to the City pursuant to this Agreement shall be released to the City as provided in the Texas Property Code upon expiration of the statutory retainage period, subject to Lender's obligation to pay a portion of the retainage to a lien claimant. COMPLETION AGREEMENT — Page 2 To keep the City advised of the Hard Costs, the Developer shall promptly deliver to the City those portions of all draw requests delivered to the Lender which contain requests for payment of Hard Costs and such draw requests shall itemize Hard Costs in such form and detail as shall be reasonably acceptable to the Lender and the City. Upon approval of Lender of any draw request containing requests for Hard Costs to be advanced to the Developer, the Lender (or the Developer) shall give notice to the City setting forth the amount of any Hard Costs to be advanced (the "Funding Notice"). The City will be deemed to have approved the proposed advance of Hard Costs by the Lender, unless it so notifies in writing Lender that it objects to such advancement of Hard Costs within three (3) business days of the receipt by the City of the Funding Notice. If the City objects to such advancements of Hard Costs by the Lender, the City will have its own inspector examine and evaluate the construction; then the Lender and the City shall cause their respective inspectors or consultants to cooperate and shall use their best reasonable efforts to settle any dispute over the appropriateness of any advance of Hard Costs. The Developer acknowledges that the Lender's obligation to fund advances under the Loan within a specified time frame shall be deemed waived by the Developer if the City and the Lender are in dispute with respect to any requested advance. If any such dispute is not resolved promptly, the two consultants shall agree within five (5) business days on a qualified third party to resolve the dispute whose decision shall be final and binding, on all Parties and shall be rendered within five (5) business days of such consultant's selection. Any delay occasioned by any such dispute shall extend the Completion Date (hereafter defined) by such period of time. Lender will not be obligated to fund a requested advance of Hard Costs until the City either approves such advance or is deemed to have approved such advance. If the two consultants cannot agree upon a qualified third party within said five (5) business day period, then either the Lender or the City may apply to the Dallas office of the American Arbitration Association - Construction Industry Section for the appointment of a qualified third party within three (3) business days after the expiration of the five (5) business day period for the two (2) consultants to appoint a qualified third party. 4. Completion by the Developer. The Developer agrees to complete the Community Facilities on or before the date for completion that is established in the Loan Documents plus thirty (30) days (hereinafter called the "Completion Date"), in accordance with the CFA, the Plans that are approved by the Lender and the City and all documents evidencing or securing the Loan (which documents are hereinafter collectively called the "Loan Documents"). For the purposes of this Agreement, the development of Summer eels . t �a I be COMPLETION AGREEMENT — Page 3 AUNk -dMk deemed complete upon acceptance by the City of the Community Facilities. The City shall promptly notify the Lender and the Developer in writing upon such acceptance. 5. Completion by the City. In the event that either: (A) the development of Summercreek South (M is not completed by the Completion Date for any reason whatsoever, or (B) the Developer is in default under the Loan and the Lender notifies the City that the Developer is in default and, at the Lender's sole option, requests the City to complete development, whichever shall first occur, then, the City may, at the cost and expense of the Developer, commence, pursue and complete the installation of the Community Facilities in a reasonably timely, diligent and workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Community Facilities. Prior to the commencement of any work by the City, the City shall provide evidence of insurance reasonably required by the Lender naming the Lender and the Developer as additional insureds. 6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral to the City. Upon the occurrence of either event described in paragraph 5 above, if the City elects within ten (10) business days of the Completion Date or notice from the Lender, as the case may be, to complete the construction of the Community Facilities, the Lender shall thereafter advance to the City any remaining undisbursed Hard Costs specified in the Approved Budget relating to the Loan that are incurred by the City in completing the Community Facilities in an aggregate sum not to exceed the Completion Amount, as adjusted, by funding monthly draws to the City as described herein. The Developer hereby authorizes and instructs the Lender to make periodic advances of any remaining undisbursed Hard Costs specified in the Approved Budget not to exceed the completion Amount in increments paid to the City within the same time period specified in the Loan Documents after receipt of advance requests meeting the requirements of the Loan Documents from the City of the Hard Costs remaining to be drawn under the Loan as specified in the Approved Budget incurred by it and approved by the Lender, subject to retainage. The advance requests from the City shall be made not more frequently than monthly (save and except for final payment) and shall be accompanied by reasonably acceptable evidence of the Hard Costs specified in the Approved Budget that have been incurred by the City. The City shall use the funds advance for the payment of such Hard Costs as are described in the advance request, and if the City fails to do so, the Lender's obligation to fund additional advances shall thereafter be terminated and of no continuing force and/or effect. COMPLETION AGREEMENT — Page 4 The City shall pro ide mechanic's and II]�Gr`' {G1CIfL�)1G1rpD f: illi U C�F1BUJ Oak Q, Oa �'U�✓I�.dll�ln II IhlA1e 40alk ..ftk materialmen's releases as may be reasonably requested by the Lender. Upon request of the City, the Lender may pay such advances directly to the suppliers and contractors described in the advance request. If the City does not timely elect to complete the construction of the Community Facilities, then the Lender may at its election terminate this Agreement, and at its option, proceed to complete the Community Facilities, foreclose on any of its collateral, or take any and all such action as may be provided under the Loan Documents. 7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Community Facilities if there is any default under any Loan Documents in lieu of requesting the City to complete the Community Facilities. In such event, however, the Lender must complete the Community Facilities by the Completion Date as such Completion Date is extended due to delays caused by events beyond the reasonable control of Lender, or the City shall complete the same as provided above. If the Lender elects to complete the Community Facilities, any Hard Costs it expends shall, dollar for dollar, reduce the Completion Amount. 8. Easements. In the event the City or the Lender undertakes the completion of the Community Facilities, the Developer (and to the extent necessary the Lender) grants to the City and the Lender open access to Summercreek South (113) and shall execute and deliver such temporary easements over and across the entire Summercreek South (1B) for the purpose of access and use for the completion of the construction of the Community Facilities in accordance with this Agreement. To the extent requested by the City and the Lender, written temporary construction easements in form acceptable to the City and the Lender shall be executed by the Developer and filed of record. Nothing in this paragraph shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents. If the Developer fails or refuses to execute and deliver the required easement, the Lender, as the agent and attorney-in-fact of the Developer, is hereby authorized to execute and deliver the required easement. The appointment of Lender as Developer's agent and attorney-in-fact is deemed to be irrevocable and coupled with an interest. 9. Lender's Rights. Nothing in this Agreement shall affect any portion of the Lender's collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the collateral as it elects in accordance with the Loan Documents. 10. Satisfaction of the City Requirements. The City agrees that asp covenants contained in this Agreement satisfy all requirements of the Ci y`,-witlT-reVect t6O COMPLETION AGREEMENT - Page 5 r� payment and performance bonds or other requirements for security in connection with the development of Summercreek South (1Band the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 11. Termination. This Agreement shall terminate upon the earlier to occur of the following: (A) acceptance by the City of the Community Facilities; (B) mutual written agreement of all of the Parties; (C) the reduction of the Completion Amount to zero; or (D) the termination of this Agreement by Lender pursuant to Paragraph 6 of this Agreement. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of Summercreek South (1B) until the Community Facilities are substantially completed and all Hard Costs contractors have been paid, less retainage. Upon receipt and acceptance by the City of evidence of substantial completion and the payment by the Developer of all Hard Costs contractors, the City shall immediately file the final plat of Summercreek South(1B� in the Tarrant County Plat Records. The purpose of the City retaining the final plat of Summercreek South 1B as prescribed herein is to guarantee the Developer's obligations under the CFA. 13. Construction Contracts. The Developer agrees to include in all construction contracts that it enters into for the completion of the Community Facilities the following: (A) A statement that the City is not holding any security to guaranty payment for work performed on the Community Facilities; (B) A statement that Summercreek South (1B) is private property and that same may be subject to mechanic's and materialmen's liens; (C) A requirement that the contractor release the City from any claim that is related to any work on Summercreek South (1B); and (D) A requirement that the contractor include in its subcontracts the statements contained in (A), (B) and (C) above. 14. Miscellaneous. (A) Non -Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties, except that Lender may assign this Agreement to any participant, collateral assignee or other successor owner of the Lender's position with respect to the Loan. COMPLETION AGREEMENT — Page 6��i�:�1IIQIV 4W MW (B) Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 ATTENTION: RAQUEL VELASQUEZ, ADMINISTRATIVE ASSISTANT TELECOPY NUMBER: 817-871-7905 CONFIRMATION NUMBER: 817-871-8092 With a copy thereof addressed and delivered as follows: CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 ATTENTION: GARY STEINBERGER, ESQ. ASSISTANT CITY ATTORNEY TELECOPY NUMBER: 817-871-8359 CONFIRMATION NUMBER: 817-871-7600 (ii) Notice to the Developer shall be addressed and delivered as follows: Summercreek South Development, Ltd. Attn-. Tim Fleet 3720 Briarhaven Road Fort Worth, TX 76109 (iii) Notice to the Lender shall be addressed and delivered as follows: First Continental Investments Co., Ltd Attn: John Bonner 5718 Westheimer, Suite 1450 Houston, TX 77057 COMPLETION AGREEMENT — ��� 7 � Page INTY ., qQW MW A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. (C) Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. (D) Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. (E) Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. (F) Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof, provided, however, that this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. (G) Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to his Agreement. (H) Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. COMPLETION AGREEMENT — Page 8 Executed by the Parties to be effective as of the date first stated above. APPROVED AS TO FORM AND LEGALITY By: Name: Title: Ass sstant City Attorney DEVELOPER: THE CITY O;FTTRT:H By: Name: Title: SUMS� SOUTH DEVELOPMENT, LTD. Y•AIERC B �llj A im H. Fleet LENDER: FIRST CONTINENTAL INVESTMENT CO., LTD., a Texas limited partnership BY: FCC MANAGEMENT CO., L.L.C., a Texas limited liability company, its sole general partner By: 4arl��_ J ) M. Bonner, Manager COMPLETION AGREEMENT —Page 10 OFFICIAL RIECOM CONMCjG�?= IW4- I: : Aol• Amok ` F LIST OF EXHIBITS TO THE. COMPLETION AGREEMENT BY AND AMONG THE CITY OF FORT WORTH, SUMMERCREEK SOUTH DEVELOPMENT, LTD. AND FIRST CONTINENTAL INVESTMENTS CO., LTD. LEGAL DESCRIPTION APPROVED BUDGET � G6�G��,L 1. ECGQD COMPLETION AGREEMENT — Page I I Q 1 !'foIG/ 14 YY 11:70 NU.UO:) W/W New s THENCE N001o'38'W, a dlstonce of 42.74 feet to a 5/8 Inch iron rod out the beginning of o curve to the left having a radius of 225.00 feet and whose long chord bears N0338'33'W, a distance of 27.20 feet; THENCE along said curve to the left, through a central angle of 0655'50', an arc length of 27.22 feet to 0 5/8 inch Iron rod set for caner of the end of sold curve; THENCE S7213'00'W, o distance of 319.58 fast to a 5/8 With iron rod set for corner, THENCE S1747'OO'E, a distance of 40.83 feet to a 5/8 inch Iron rod set for comer, THENCE S25'29'34'W, o distance of 98.71 feet to a 5/8 Inch Iron rod eat for comer; THENCE S59'4G'25*%% a distance of 111.47 feet to a 5/8 Inch iron rod set for corner, THENCE S7850'43'W, a dletonce of 168.33 feet to a 5/8 Inch Iron rod set the beginning of a non— tangent curve to the left having o radius of 2100.1X1 feet and whose long chord boars N14'2WWW, a distance of 242.82 feet; THENCE along sold curve to the left, through a central angle of 0637'43', an arc length of 242.95 feet to a 5/8 Inch Iron rod set for corner at the and of sold curve; THENCE N17 47'00'W, a distance of 988.58 feet to 0 5/8 Inch Iron rod set the beginning of a non— tongent curve to the right having a radios o1 2000.00 feet and whose long chard boors N07 "W08'W, a distance of 68179 feet; THENCE long sold curve to the right, through a cent►d angle of 19'41'08', on arc length of 687.18 fest to the POINT OF BEGINNING and containing 1,682,684 square feet or 38.629 acres of land. UfU`L WELCH ENG G, INC. CONSUL 77NG ENGINEERS ��➢ ��o SNEL 2 OF 2 qW EXHIBIT "B" COST BREAKDOWN PHASE 1B IRW Paving 592,807.00 Drainage 191,143.00 Street Signs 1 Lights 46,200.00 Water 270,682.00 Sewer 251,893.00 COMPLETION AGREEMENT — Page 12 $1,352,725.00 0 City of Fort Worth, Texas "agor andCommunicadon Council DATE REFERENCE NUMBER LOG NAME - PAGE 5/30/00 C-18054 20PHASE-1 B 1 of 3 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMERCREEK SOUTH DEVELOPMENT, LTD. FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR SUMMER CREEK SOUTH. PHASE IB RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Summercreek South Development, Ltd. for the installation of community facilities for Summer Creek South, Phase IB. DISCUSSION: Summercreek South Development, Ltd., the developer of Summer Creek South, Phase IB, has executed a proposed contract for community facilities to serve a single-family (150 lots) development located in south Fort Worth, south of Columbus Trail and east of Summer Creek Road (see attached map). This development is located in COUNCIL DISTRICT 6. The proposed Community Facilities Agreement is in compliance with standard City policy. There are eight internal streets and one border street, Summer Creek Road. The developer will pay for the construction of all internal streets. The City will share in the cost of constructing Summer Creek Road, a major arterial street. The developer's share for internal streets and Summer Creek Road is $738,883 plus $14,777 for construction inspection fees. Summer Creek Road is being constructed as a 27 -foot wide road on the east half of the right-of-way adjacent to the development. The west half of Summer Creek Road will be constructed when the adjacent property is developed in the future. Sidewalks will be constructed along Summer Creek Road. City participation on Summer Creek Road along residential zoning is based on a 27 -foot width, with the developer responsible for 20.5 feet and the City responsible for 6.5 feet. The City's estimated participation for this section of Summer Creek Road including construction engineering is $81,214. The Parks and Community Services Department (PACSD) will be responsible for 573 linear feet of park land along Summer Creek Road. Cost participation for PACSD for street and storm drain facilities along the park is $60,789. The developer estimated cost for water and sewer is $601,124 plus $12,022 for construction inspection fees. Water Department participation is $64,927 plus $1,299 for construction inspection fees. Cost participation for PACSD for water facilities is $1,402. The developer estimated cost for storm drains is $312,422 plus $6,248 for construction inspection fees. City of Fort Worth, Texas "ayor and Council Communication DATE REFERENCE NUMBERG NAME PAGE LO 5/30/00 C-18054 20PHASE-1 B 2 of 3 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMERCREEK SOUTH DEVELOPMENT, LTD. FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR SUMMER CREEK SOUTH, PHASE IB Twenty two (22) street lights will be installed at a cost to the developer of $46,200 at the following intersections: • Summer Park Drive and Summer Creek Road; and • Summer Park Drive and Whippoorwil Drive; and • Summer Park Drive and Sunnyway Drive; and • Sunnyway Drive and Whippoorwill Drive; and • Hayloft Court and Whippoorwill Drive; and • Southern Prairie Drive and Whisper Drive; and • Rocky Court and Whisper Drive. Four (4) additional street lights will .be installed at the following locations: Summer Park Drive (2), Whippoorwill Drive (2), Southern Prairie Drive (2), Hayloft Court, and Rocky Court. In addition, there will be five (5) street lights installed on Summer Creek Road. There will be eleven (11) intersections where street signs will be installed at a cost to the developer of $880. These locations include: • Summer Creek Road and Summer Park Drive; and • Summer Park Drive and Whisper Drive; and • Rocky Court and Whisper Drive; and • Southern Prairie Drive and Whisper Drive; and • Southern Prairie Drive and Southern Prairie Drive; and • Summer Park Drive and Southern Prairie Drive; and • Summer Park Drive and Sunnyway Drive; and • Summer Park Drive and Whippoorwill Drive; and • Sunnyway Drive and Whippoorwill Drive; and • Hayloft Court and Whippoorwill Drive; and • Whippoorwill Drive and Whippoorwill Drive. Total project'cost for this development is $1,942,986. The developer's participation is $1,734,757 and the total City participation is $208,229. PLAN COMMISSION APPROVAL - On June 18, 1998, the Plan Commission approved preliminary plat (PP98046). The final plat has been submitted to staff for review. City of Fort Worth, Texas 4volvoir and CouncilCommunication DATE REFERENCE NUMBER LOG NAME— PAGE 5/30/00 C-18054 20PHASE-1 B 3 of 3 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMERCREEK SOUTH DEVELOPMENT, LTD. FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR SUMMER CREEK SOUTH, PHASE IB FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements Fund and the Commercial Paper -Water Fund. MG:k Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Hugo Malanga Additional Information Contact: Hugo Malanga FUND ACCOUNT CENTER (to) 6140 7801 (from) C115 541200 C115 531200 PW77 539140 7801 C115 541200 020115136300 020115136300 060770155990 020115095216 AMOUNT CITY SECRETARY NPROMY UNCII Y so 7000 HA�&. tib, Gym enery of tho � city $32,755.00 $ 1,965.00 $64,927.00