HomeMy WebLinkAboutContract 47909 Developer and Project Information Cover Sheet:
Developer Company Name: Elan River District, L.P.
Address, State, Zip Code: 600 East Las Colinas Blvd. Suite 2100, Irving, TX 75039
Phone & Email: aord@greystar.com
Authorized Signatory, Title: Andrew Ord/Vice President
Project Name and Brief Elan River District
Description:
Project Location: Southside of White Settlement Rd between Nursey Ln. and Athenia Dr.
Plat Case Number: FS-15-219 Plat Name: <Plat Name>
Mapsco: 61 Council District: 7 City Project Number: 100389
CFA Number: 2016-040 DOE Number: None
To be completed by staff
Received by Date:
City of Fort Worth,Texas
Standard Community Facilities AgreementOFFICIAL RECORD
CFA Official Release Date: 10.07.2015 CITY SECRETARY
Page 1 of 11 FT.WORTH,TX
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. ( \JO
WHEREAS, Elan River District, L.P., ("Developer"), desires to make certain specific
improvements as described below and on the exhibits attached hereto ("Improvements") related
to a project generally described as Elan River District ("Project") within the City or the
extraterritorial jurisdiction of Fort Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS, any future City participation in this CFA is subject to the availability of
City funds and approval by the Fort Worth City Council and shall be memorialized as an
amendment to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the
Project.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein, the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby
incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply
with all provisions of said Policy in the performance of its duties and obligations hereunder
and to cause all contractors hired by Developer to comply with the Policy in connection
with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section I1, of
the Policy and recognizes that there shall be no reduction in the collateral until the Project
has been completed and the City has officially accepted the Improvements. Developer
further acknowledges that said acceptance process requires the Developer's contractor(s)
City of Fort Worth,Texas
Standard Community Facilities Agreement OFFICIAL RECORD
CFA Official Release Date: 10.07.2015 CITY SECRETARY
Page 2 of 11
FT. WORTH, TX
to submit a signed affidavit of bills paid and consent of Surety signed by its surety to
ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally,
the contractor will provide in writing that the contractor has been paid in full by
Developer for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by this
Agreement and that said construction shall be completed in a good and workmanlike
manner and in accordance with all City standards and the City-approved construction
plans, specifications and cost estimates provided for the Project and the exhibits attached
hereto.
D. The following checked exhibits describe the Improvements and are incorporated herein:
Water (A) ®, Sewer (A-1) ®, Paving (B) ®, Storm Drain (B-1) ®, Street Lights &
Signs (C) M.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section II, of the Policy. Developer shall
ensure its contractor(s) pays the then-current City-established wage rates.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being prequalified, insured, licensed
and bonded to do work in public ways and/or prequalified to perform
water/wastewater construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the infrastructure, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the infrastructure for
a period of two (2) years from the date of final acceptance insuring the
maintenance and repair of the constructed infrastructure during the term of the
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 3 of 11
maintenance bond. All bonds to be furnished before work is commenced and to
meet the requirements of Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the amounts
required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City shall be
named as additional insured on all insurance required by said documents and
same will be evidenced on the Certificate of Insurance (ACORD or other state-
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give 48 hours advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection
personnel will be available; to require the contractor to allow the construction to
be subject to inspection at any and all times by City inspection forces, to not
install or relocate any 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.
V. To require its contractor to have fully executed contract documents submitted to
the City in order to schedule a Pre-Construction Meeting. The submittal should
occur no less than 10 working days prior to the desired date of the meeting. No
construction will commence without a City-issued Notice to Proceed to the
Developer's contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement, if any, until said sewer and water mains and
service lines have been completed to the satisfaction of the Water Department.
G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering
drawings and documents necessary to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 4 of 11
I. City shall not be responsible for payment of any costs that may be incurred by Developer in
the relocation of any utilities that are or may be in conflict with any of the community
facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless
for any inadequacies in the preliminary plans, specifications and cost estimates
supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current and
future improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents and employees
from all suits, actions or claims of any character, whether real or asserted, brought
for or on account of any injuries or damages sustained by any persons (including
death) or to any property, resulting from or in connection with the construction,
design, performance or completion of any work to be performed by said Developer,
its contractors, subcontractors, officers, agents or employees, or in consequence of
any failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors,
officers, agents or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its
officers, servants, or employees.
M. Developer will further require its contractors to indemnify, defend and hold harmless
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, the construction of the infrastructure
contemplated herein, whether or not such injuries, death or damages are caused, in
whole or in part, by the alleged negligence of the City of Fort Worth, its officers,
servants, or employees. Further, Developer will require its contractors to indemnify,
and hold harmless the City for any losses, damages, costs or expenses suffered by the
City or caused as a result of said contractor's failure to complete the work and
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 5of11
construct the improvements in a good and workmanlike manner, free from defects, in
conformance with the Policy, and in accordance with all plans and specifications.
N. Upon completion of all work associated with the construction of the Improvements,
Developer will assign to the City a non-exclusive right to enforce the contracts entered into
by the Developer with its contractor along with an assignment of all warranties given by the
contractor, whether express or implied. Further, Developer agrees that all contracts with
any contractor shall include provisions granting to the City the right to enforce such
contracts as an express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of
the total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6%
of the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the construction
contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period, the developer may request that the CFA be extended for one additional
year.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 6 of 11
the end of two (2) years from the date of this Agreement (and any extension
period) the Improvements have not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the completion
of the construction of the Improvements or to cause the payment of costs for
construction of same before the expiration of two (2) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors and/or
suppliers are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put a lien upon the property which is the subject of the
Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 7 of 11
Cost Summary Sheet
Project Name: Elan River District
CFA No.: 2016-040 DOE No.: None
An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price
will ultimately determine the amount of CFA fees and financial guarantee. The bid price and
any additional CFA payments will be required prior to scheduling a pre-construction meeting.
An itemized estimate corresponding to each project-specific exhibit is required to support the
following information.
Items Developers Cost
A. Water and Sewer Construction
1. Water Construction $ 299,736.08
2.Sewer Construction $ 381,506.10
Water and Sewer Construction Total $ 681,242.18
B. TPW Construction
1,Street $ 219,105.00
2.Storm Drain $ 252,999.00
3.Street Lights Installed by Developer $ 186,704.93
4. Signals $ -
TPW Construction Cost Total $ 658,808.93
Total Construction Cost(excluding the fees): $ 1,3402051.11
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 13,624.84
D. Water/Sewer Material Testing Fee(2%) $ 13,624.84
Sub-Total for Water Construction Fees $ 27,249.69
E. TPW Inspection Fee(4%) $ 18,884.16
F. TPW Material Testing(2%) $ 9,442.08
G. Street Light Inspsection Cost $ 7,468.20
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 35,794.44
Total Construction Fees: $ 63,044.12
Choice
Financial Guarantee Options,choose one Amount 'mark one'
Bond=100% $ 1,340,051.11 x
Completion Agreement=100%/Holds Plat $ 1,340,051.11
Cash Escrow Water/Sanity Sewer-125% $ 851,552.73
Cash Escrow Paving/Storm Drain=125% $ 823,511.16
Letter of Credit=125%w/2yr expiration period $ 1,675,063.89
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 8 of 11
ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH DEVELOPER
Elan River District,L.P.,
a Delaware limited partnership
By: River District GP,LLC,
Jesus J. Chapa a Delaware LLC, its general partner
Assistant City Manager
By: GS River Distrct Holdings, LLC,
Date:
lD _/� elaware LLC, its sole member
O5 C
Recommended by:
Name: e d
Title: Vice President
Wendy Ch' Babulal, EMBA, P.E. Date:
Development Engineering Manager
Water Department ATTEST: (Only if required by Developer)
Douglas4k Wiersig, P.E. Signature
Director Name:
Transportation & Public Works Department
Approved as to Form & Legality:
�oF F°R�
Richard A. McCracken V 8°
070
Assistant City Attorney ATTEST:
M&C No.
Date: 41 �!4
FaM 129S ►Nle Mary J. ser
City Secretary
City of Fort Worth,Texas
Standard Community Facilities AgreementOFFICIAL RECORD
CFA Official Release Date: 10.07.2015 CITY SECRETARY
Page 9 of 11
FT.WORTH,TX
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
® Attachment 1 -Changes to Standard Community Facilities Agreement
® Location Map
® Exhibit A: Water Improvments
® Water Cost Estimate
® Exhibit A-1: Sewer Improvements
❑ Sewer Cost Estimate
❑ Exhibit B: Paving Improvements
® Paving Cost Estimate
® Exhibit 13-1: Storm Drain Improvements
® Storm Drain Cost Estimate
❑ Exhibit C: Street Lights and Signs Improvements
® Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 10 of 11
ATTACHMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 100389
None
City of Fort Worth,Texas
Standard Community Facilities Agreement
CFA Official Release Date: 10.07.2015
Page 11 of 11
00 42 43 Proposal Form Unit Price
Ift-I Spac I Speer Named Pay Sem with A-' Unit tDrtit Rid Te1al Amount
No. Number Ilam Unit Prim in Wards Clrmmily Price
Elan River District
UNIT I WATER
1 331112 3311.0461 17'Water FVC 702 LF
Fon-Two 0/100cents er unit $ 42.00 2B 484.00
2 331110 3311.0341 10"Water PVC 71 LF
33 11 12
Forty-five 0/100cen15 runt $ 45.00 3,195.00
3 331112 3311.0261 8"Water PVC 65 LF
Thirt Nine 0/100 cents per unit $ 38.00 2,535,00
4 000000 9999.0000 Cut and Plug Exalting Water Services 15 EA
Two hundred and fifty 0/100 cents per unit S 250.00 3.750.00
S 000000 8989.0001 6"Fire Service Taps 10 FA
Seventeen hundred 01100 cents per unit $ 1,700.00 17000.00
6 000000 9999.0001 4"Fire Service Taps 1 EA
Seventeen hundred 01100 cents prum' $ 1.700.00 1 7DC•.0�:`
7 331211 3312.2801 3"Water Meter and Vault 2 EA
Fourteen thousand,four hundred and ninety 33/100 cents er unit $ 14 496.33 28 982.66
8 33 12 10 3312.2103 2"Service 2 EA
Eighteen hundred 01100 cents par unit $ 1.800.00 3 600.00
9 331210 3312.2003 1"Service 10 EA
Nine hundred and ninety 0/100 cents per unit $ 800.00 9.9D0.00
10 33 12 25 3312.3005 12"Gate Valve 11 EA
Twentyone hundred and fourty five 01100 cents per unit I I S 2.145.00 23 585.00
11 33 12 20 3312.3004 10"Gate Valve 1 EA
Twenty-hundred and nint-four 39/100 cents pw unit S 2.694.39 2,694.39
12 33 12 20 3312.3003 8"Gale Valve 1 EA
Thirteen hundred 0/100 cents per unit $ 1.300.00 1,300.00
13 33 12 25 3312.3002 6"Gate Valve 9 EA
Ei m hundred severty ei m 0/100 cents per unit $ 878.00 7.90200
14 331225 3312.3001 4"Gale Valve 2 EA
2ight hundred f 0/100 cents per unit S 850.00 1.700.00
15 331240 3312.0001 Fire Hydrant 4 EA
Thirty five hundred 01100 cents per unit S 3,500,00 14 000.00
16 024114 241.1012 6"Water Line Remove 708 LF
Eight 0/100 cents Per unit $ 8.00 5 664.00
17 331111 3331.0001 Ductile Iron Water Fittings with Restraint 1 LS
Six Thousand 01100 cents per unit $ 6.000.00 fi 000.00
1S 330510 3305.0109 Trench Safety-Water 750 LF
One 75/100 cents par and S 1.00 750.00
19 0241 15 241.1000 Remove and Replace Concrale Pavement-Water 420 SY
Ninety 0/100 cents par unit $ 90.00 37,800.D()
20 Double Line Stop(Hydra-Stop) 1 EA
Ten thousand 01100 cents Per unit $ 10 000.00 10 000.00
20 50%Conting-cy $ 88.174.03
TOTAL WATER $ 299,736.08
Ofd Proposal Paps 1
00 42 43 Proposal Form Unit Price
Item j Spec. I Spec. Name of Pay Item with Approx. Unit I Unit Bid Total Arnourt
No. Number Item Unit Price In Words Quantity Price
Elan River District
UNIT II SANITARY SEWER
1 33 31 20 3331.4201 10"SDR-26 Sanitary Sewer 1,280 LF
Sorty six 0/100 cents per unit 66.00 84 480.00
2 3311 10 3331.4115 8'SDR-26 Sanitary Sewer 277 LF
3331 12
3331 20 Twenty Nine 0/100 cents per unit 29.00 8 033.00
3 3311 10 3331.4115 6'Sewer Service 2 EA
3331 12
3331 20 Six hundred seventy five 0/100 cents per unit 675.00 1 350 00
4 3311 10 3331.4115 4'Sewer Service 16 EA
3331 12
3331 20 Three hundred fourteen 0/100 cents per unit 314.00 5.024.00
5 3311 10 3331.4209 12"Sewar Pipe,CSS Bartel 17 LF
3331 12
3331 20 lThree hundred and It" 0/100 cents per unit S 105.00 1,78&00
4 33 05 10 3305.0116 Concrete Encasement for Utility Pees 4 CY
Three hundred fourteen 314.00 1,193.20
S 00 00 00 9999.0000 Cut and Plug Existing Sewer Services 16 EA
Two hundred fifty 250.00 4000,00
6 00 00 00 9999.0003 Connect to Existkrg Manhole 1 EA
Seventeen hundred 0/100 cents per unit I s 1.70000 1.700.00
7 0241 15 241.1000 Remove and Replace Concrete Pavement-Sewer 978 SY
Nine 0/100 cents per unit 90.00 88,020Q0
8 33 39 10 3339.1001 Standard 4'Manholes(AII depths) 9 LF
33 39 20
Two thousand four hundred fifteen 0/100 cents per unit 2.41500 21 73500
8 0241 14 241.2013 Remove Existing 8'Sewer 2,275 LF
Twelve 0/100 cents per unit 12.00 27 300.00
10 0241 14 241.2201 Remove Existing Sewer Manhole 3 EA
Nine hundred 0/100 cents per unit $ 900.00 2.700.00
11 330131 3301.0002 Post-CCTV Inspection 1,603 LF
One 20/100 cents par unit 1.20 1,92360
12 33 05 10 3305.0109 Trench Safety-Sewer 1,803 LF
Zem 80/100 cents per unit 0.80 1.282A0
13 330130 3301.0101 Vacuum Test Manholes 9 EA
Two hundred 00/100 cents par unit 200.00 1.800.00
14 3301 31 3301.0101 Pre-CCN Inspection 1,876 LF
One 20/100 cents er unit 1.20 2.01120
15 50%Contingency $ 127,168.70
TOTAL SEWER $ 381,506.10
Bid Proposal
00 42 43 Proposal Form Unit Price
Item Spec. Spm. Name of Pay Item with Approx. Unit Bid
No. Number Item Unit Price in Words Quantity Unit Price Total Amount
Elan River District
UNIT IV Storm
5 00 00 00 000000 Connect to Exisitng RCP 1 EA
Six hundred 0/100 cents per unit 600.00 600.00
6 334110 334'.1201 5'x3'RCB 875 LF
One hundred fourtix 0/100 cents per unit 146.00 127 750.00
6 33 41 10 3341.0205 24"RCP Pipe 250 LF
Fourty five 0/100 cents per unit 45.00 11,25000
7i
0 33 41 10 21"RCP Pipe 88 LF
Fourty two 0/100 cents per unit 42.00 3,696.00
8 0241 14 0241 14 RCP Plug 1 EA
Two hundred fifty 0/100 cents per unit 250.00 250.00
9 33 49 20 33 49 20 10'Curb Inlet 4 EA
Two thousand five hundreyd thirty 0/100 cents per unit 2.530.00 10 120.00
10 000000 3349.0104 4'Stacked Manhole 1 EA
thirty five hundred 0/100 cents per unit 3,500.00 3.500.00
10 000000 3349.002 5'Junction Box 1 EA
Four thousand 0/100 cents per unit 4.000.00 4.000.00
11 00 00 00 3349.003 6'Junction Box 1 EA
Seventy five hundred 0/100 cents per unit 7,500.00 7,500.00
12 50%Contingency $ 84,333.00
TOTAL STORM $ 252,999.00
Bid Proposal
00 42 43 Proposal Form Unit Price
item Spec. Spec. Name of Pay Item with Apprax. Unit Unit Bid Total Amount
No. Number Item Unit Price in Wads Quantity Price
Elan River District
UNIT V Paving
1 32 13 13 3213.0101 6"4000 psi Concrete Pavement w/6"curb and gutter 2,300 SY
Thirty three 0/100 cents per unit 33.00 75 900.00
3 32 13 13 32 13 20 5"4000 psi Concrete Pavement w/6"curb and gutter 420 SY
Thirty five 0/100 cents per unit $ 35.00 14 700.00
3 32 12 16 241.1 Remove and replace concrete pavement 110 SY
3213.0101
Twenty Nine 0/100 cents per unit $ 42.00 4,620.00
3 32 12 16 3212.0503 6"Hot Mix Asphaltic Concrete 1,190 SY
Twenty Nine 0/100 cents per unit 29.00 34 510.00
4 32 11 29 3211.0501 6"Lime treated subgrade 2,720 SY
Three 25/100 cents per unit 3.25 8,a40.00
5 32 11 29 3211.04 Hydrated lime material(36#/SY) 50 TONS
One hundred fifty 0/100 cents per unit $ 150.00 7 500.00
6 1 1 50%Contingency $ 73,035.00
TOTAL PAVING $ 219,105.00
Bid Proposal
00 42 43 Proposal Form Unit Price
Item Spec. Name of Pay Item with Approx. Unit Bid
Na. Item Unit Price in Words Quantity Price
Prfce Total Amount
Elan River District
UNIT III Lighting
1 00 00 00 Lighting Mobilization 1 LS
Nine thousand four hundred ninety six 0/100 cents per unit $ 9,496.00 9,496.00
2 00 00 00 Temporary Street Lighting 1 LS
Seven thousand nine hundred and five 0/100 cents per unit $ 71905.00 7,905.00
3 34 41 20 Streetlight-34 41 20-D626 Washington-style assembly w/85W HPS luminaire 27 EA
See plan sheet for detail.
Two thousand two hundred ninety four 0/100 cents per unit $ 2,294.00 61,938.00
4 34 41 20 Type 7 Concrete Fountain(24"x 5') 27 EA
See plan sheet for detail.
Six hundred eighty one 49/100 cents per unit 681.49 ___18L400.23
5 00 00 00 2"Sch 80 PVC,installed via open-cut 1,838 LF
See plan sheet for detail.
Four 49/100 cents per unit $ 4.49 1 8,252.62
6 00 00 00 Circuit wiring-3 x#6 XHHW AL,1 x#8 XHHW AL 1,838 LF
See plan sheet for detail.
One 95/100 cents per unit $ 1.95 3,584.10
7 34 41 20 Electric service pedestal 2 EA
See plan sheet for detail.
Four thousand one hundred fifty seven 0/100 cents per unit $ 4,157.00 8,314.00
8 34 41 20 Ground box,small,Type B 8 EA
See plan sheet for detail.
Six hundred and seven 0/100 cents per unit $ 520.00 4,160.00
9 33 04 10 Bonding(PPBM),if required 1 LS
Two thousand four hundred twenty 0/100 cents per uni4 $ 2,420.00 2,420.00
10 50%Contingency $ 62,234.98
TOTAL STREET LIGHTING $ 186,704.93
Bid Proposal
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DEVELOPMENT BOND
FILECopyGUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No.SUR0035653
KNOW ALL MEN BY THESE PRESENTS,that we,Elan River District, L.P. ,as
Principal, and Argonaut Insurance Company, a corporation organized and existing under
the laws of the State of Illinois, and fully authorized to transact business in the State of
Texas,as surety,are held and firmly bound unto CITY OF FORT WORTH, TEXAS, 1000
Throckmorton Street,Fort Worth,Texas, 76102,as Obligee, in the penal sum ofOne
Million Three Hundred Forty Thousand Fifty One and 11/100 ($1,340,051.111 lawful money
of the United States of America,for the payment of which well and truly to be made,we
bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and
severally, firmly by these presents.
WHEAREAS, Elan River District, L.P. has agreed to construct in Elan River
District Southside of White Settlement Rd.Between Nursery Ln. and Athenia Dr.,in the
CITY OF FORT WORTH,TEXAS the following improvements:
Water, Sewer,Paving,Storm Drain,Street Lights and Signs
WHEREAS, in the event of bankruptcy,default or other nonperformance by
Principal, claims against Principal or the development, Obligee may be left without
adequate satisfaction.
NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that
if the said Principal shall construct,or have constructed, the improvements herein
described,and shall pay for the cost of all labor, materials and equipment furnished in
connection with the construction of said improvements,and shall save the Obligee harmless
from any loss, cost or damage by reason of its failure to complete the construction of said
improvements or by reason of its failure to pay for the cost of same,then this obligation
shall be null and void,otherwise to remain in full force and effect; and upon receipt of a
claim by the City of Fort Worth indicating that the construction of said improvements has
not been completed, or that the costs for same have not been paid,the Surety will pay to the
City of Fort Worth such amount up to the amount of this bond which will allow the City of
Fort Worth to complete construction of said improvements and to pay for the costs of same.
We hereby agree with you that the draft(s)drawn under and in compliance with the terms
of this bond will be duly honored upon presentation at:
(Surety)Argonaut Insurance Company mail code: ,
(Surety Address)P.O. Box 469011,San Antonio, TX 78246
Attn:—Surety Claims or by facsimile to (surety:
Fax Number confrimed by a phone call at 800470-7958
PROVIDED FURTHER,that this bond shall automatically be increased by the
amount of any change order,supplemental agreement or amendment which increase the
price of the aforementioned contract.
PROVIDED FURTHER,that if any legal action be filed on this bond, the laws of
the State of Texas shall apply and that venue shall lie exclusively in Tarrant County,Texas.
AND PROVIDED FURTER,that the said surety, for value received, hereby
stipulates and agrees that no charge,extension of time,alteration or addition to the terms of
any contract for the public affect its obligation on this bond,and it does hereby waive notice
of any such change,extension of time,alteration or addition to the terms of such contract.
This bond is given pursuant to the provisions of Section 212.073 of the Texas Local
Government Code,as such may amended from time to time.
Signed,sealed and dated this 1st day of ,lune ,2016 .
Elan River District, L.P. Ar naut Insurance Com ad
Principal Surety
. /
By: See Attached Signature Page $y, , _% r
Ar(Gal �FM ,AULomen-ir- act
Argonaut Insurance Company AS-0091297
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Boz 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State
of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint
Anui Jain Sheila J Montoya,Charles McDaniel Mona D Weaver Angela M Tindol John Browning,Mary Ashley Allen
Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for
and on its behalf as surety,and as its as and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided,
however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of.
$39.000.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of
Argonaut Insurance Company:
"RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice Presiden4 Secretary,Treasurer and each of them hereby is
authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any
officer or attorney,of the Company,qualifying the attorney or attorneys named in the given.power of attorney,to execute in behalf of;and acknowledge as
the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto."
IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly
authorized officer on the 18th day of July,2013. .;j' Argonaut Insurance Company
sURA
0
..acnao�;
* Joshua C.Betz, Senior Vice President
STATE OF TEXAS
COUNTY OF HARRIS SS:
On this 18th day of July,2013 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Hams,duly commissioned and qualified,
came THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding
instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were
duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of
Directors of said Company,referred to in the preceding instrument is now in fora.
IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written.
E(zw►THI EEN M>NEEKS k 04hLun-rn•`'wort*
NOTARY PUBLIC
STATE OF TEXAS
I&MY COMM E>�07-73�t117 (Nome Public)
1,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 1 St day of ,Tune A2016
- SEAL.
Sarah Heineman VP-Underwriting Surety
THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNIEY AND THE SERIAL NUMBER IN THE UPPER
RIGHT HAND CORNER ARE IN BLUE,AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER.IF YOU HAVE QUESTIONS ON
AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400.
CONSENT OF MANAGER
GREYSTAR REAL ESTATE PARTNERS,LLC
March.30 2016
This Consent of Manager is executed effective as of the date set forth above by the
undersigned, the sole manager of Greystar Real Estate Partners, LLC, a Delaware limited
liability company(the"Company'%who adopts the following recitals and resolutions by written
action:
RECITALS
A. The undersigned has authority to conduct the business and affairs of the Company;
B. The Company is the sole member of Greystar Investment Group, LLC, a Delaware
limited liability company ("GIG"), which is the sole manager of Greystar Coinvestment
IX, LLC, a Delaware limited liability company ("Coinvestment") and GS River District
Holdings, LLC, a Delaware limited liability company ("Hol ' s"), which is the sole
member of River District GP, LLC, a Delaware limited liability company ("Borrower
GP"), which is the general partner of Elan River District, L.P., a Delaware limited
partnership("Bowe ;and
C. Borrower desires to acquire certain real property located in Tarrant County, Texas (the
"Pro '7 for the purpose of developing the Property(the"Acquisition');and
D. In connection with the development of the Property, including without limitation, the
construction and development of a 325 unit residential apartment project thereon (the
Property so developed, the "hRiect"), Borrower desires to obtain from ZB, N.A. DBA
Amegy Bank("Lender"), a loan in the principal amount of$38,215,100.00 (the "Loan");
and
E. It is proposed, that in connection with the closing of the Acquisition and the Loan,
Borrower execute: (i) an Assignment of Agreements with Greystar GP II, LLC, a
Delaware limited liability company, (ii) a Construction Loan Agreement (the "Loan
Agreement'I with Lender; and (iii)the documents listed on Schedule 1 (the documents
described in clauses (i) — (iii), collectively, the "Transaction Documents"), on
substantially the terms provided in the drafts previously delivered to the undersigned,
which have been made available to and approved by the undersigned in connection with
his consideration of these resolutions. The entering into the Transaction Documents and
related actions in connection with closing the Acquisition and the Loan are referred to
herein as the"Transactions".
CONSENT
NOW, THEREFORE, BE IT RESOLVED, that the undersigned, in his capacity as the
sole manager of the Company, in the Company's capacity as the sole member of GIG, in GIG
capacity as the sole manager of Coinvestment and Holdings, in Holdings' capacity as the sole
member of Borrower GP, in Borrower GP's capacity as the general partner of Borrower, a
applicable,hereby consents to,authorizes,agrees and stipulates,in all respects,as follows:
1. That Borrower is-authorized to take such actions as any officer of Holdings, in Holdings'
capacity as sole member of Borrower GP, in Borrower GP's capacity as general partner of
Borrower, deems appropriate to (a) complete the Transactions (including, specifically,
entering into the Transaction Documents)on such terms as such officer may conclude are
appropriate and (b) perform the obligations of Borrower under the Transaction
Documents and any other documents and agreements executed in connection with the
Transactions.
2. That each officer of Holdings is authorized to (a) negotiate definitive terms of the
Transaction Documents and any other documents and agreements executed in connection
with the Transactions, (b)execute and deliver on behalf of Holdings, in Holdings'
capacity as sole member of Borrower GP,in Borrower GP's capacity as general partner of
Borrower,the Transaction Documents and any other documents and agreements that any
such officer determines are appropriate in connection with the Transactions and (c)take
such other actions for Holdings,in Holdings'capacity as sole member of Borrower GP, in
Borrower GP's capacity as general partner of Borrower, as any such officer considers to
be appropriate toward the completion of the Transactions or performance of the
obligations of Borrower under the Transaction Documents and any other documents and
agreements executed under the authority of these resolutions.
3. That the execution and delivery of a document or agreement, or the taking of any other
action, by an officer of Holdings on behalf of Holdings, in Holdings' capacity as sole
member of Borrower GP, in Borrower GP's capacity as general partner of Borrower, will
constitute conclusive evidence of such officer's determination that the document or
agreement or action is appropriate to the Transactions or performance of the obligations
of Borrower under documents or agreements executed in connection with the
Transactions and, in the case of a document or agreement, that such officer has approved
the terms of the document or agreement.
4. That the Company ratifies and adopts all actions previously taken on behalf of Holdings,
Borrower GP or Borrower,as applicable,by any officer of Holdings or any officer of the
Company or GIG, or by any employee of any such entity on direction from any such
officer, toward (a)completion of the Transactions, (b) entering into the Transaction
Documents.
[Incumbency Page Follows]
2
5. That the officers of Holdings indicated below have baa duly appointed and the R=imen
aignatnre below is the genuine signatue of such officer:
Name Tie Si re
Derek Ramsey Vice President
CliffNash Vice President
Ashley Reggie Vice President
Laird Sparks Vice President
Andrew Ord Vice President
(SYVUM"Page Follows]
5. That the officers of Holdings indicated below have been duly appointed and the specimen
signature below is the genuine signature of such officer:
Name Title Signature
Ashley Heggie Vice President
Cliff Nash Vice President
Ashley Heggie Vice President
Laird Sparks Vice President
Andrew Ord Vice President
[Signature Page Follows]
IN WITNESS VIBEREOF this Consent of Manager has been executed as of the date fust
set.forth above.
Robert A.Faith,Manager
Schedule 1
1. Promissory Note (the 'Note") in the principal amount of $38,215,100.00,
executed by Borrower and payable to the order of Lender,evidencing the Loan;
2. Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture
Filing executed by Borrower to a trustee for the benefit of Lender,securing payment of the Note
and covering certain real and personal property described therein;
3. Construction Loan Agreement executed by Borrower and Lender, relating to the
Loan;
4. Guaranty (Completion, Repayment and Carve Out) executed by GREP for the
benefit of Lender;
5. Environmental Indemnity Agreement executed by Borrower and GREP for the
benefit of Lender;
6. Collateral Assignment of Contracts and Plans and Other Agreements Affecting
Real Estate executed by Borrower for the benefit of Lender, and
7. Any and all other documents required by Lender in connection with the
Transaction that any Authorized Signatory determines are appropriate in connection therewith
4811-9760-4142v.1
46194-43