Loading...
HomeMy WebLinkAboutContract 39117 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No._?)R WHEREAS,the undersigned "Developer" desires to make certain improvements(refer to the name of the project at the bottom of the page)an addition to the City of Fort Worth, Texas;and WHEREAS, the said Developer has requested the City of Fort Worth, a home-rule municipal corporation situated in Tarrant,Denton,Parker, and Wise Counties,Texas,hereinafter called "City",to do certain work in connection with said improvements. Developer Information: Developer Company Name: XTO Energy Inc 810 Houston Street,Fort Worth,Tx 76102 Authorized Signatory: Edwin S. Ryan Jr. 817-885-2336 Title: Senior VP—Land Administration Project Name: Marine Creek Estates 16"Waterline Project Location: Marine Creek Estates Lots 1&2 Block 2 Additional Streets:N/A Plat Case No.: FP-00-079 Plat Name: Marine Creek Estates Mapsco: 47 N,S Council District: 7 City Project No:01311 To be completed by staff.- Received by: C)bN oI 50 V Date: Cl• it-0 01 CFA: _2009-024 DOE: 6197 OFFICIAL RECORD CITY SECRETARY FT �+ORTH, TX NOW,THEREFORE,KNOW ALL BY THESE PRESENTS: 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 and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") 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 II, 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 infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub-contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full 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 are made a part hereof: Water (A)X _., Sewer(A-1)_, Paving (B) —Storm Drain (B-1)_, Street Lights & Signs(C) E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 2 F. For all infrastructure 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 insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to fumish 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 insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be famished 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 ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction 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 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 to schedule a Pre-Construction Meeting. The 3 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 until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by 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. I. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. 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, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of 4 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 allezed ne-zlikence 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 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 and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. N. Upon completion of all work associated with the construction of the infrastructure and 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. 5 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. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. 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 community facilities if at the end of two (2) years from the date of this Agreement the community facilities 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 community facilities 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. 6 Cost Summary Sheet Project Name: Marine Creek Estates 16"Waterline CFA No.: DOE No.: 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 Developer's Cost A. Water and Sewer Construction Water nd Sewer Construction 2. ewer $ 224,192.50 Water and Sewer Construction Sub-Total $ 224,192.50 B. TPW Construction 1.Street $ - 2.Storm Drain $ TPW Construction Cost Sub-Total $ - Total Construction Cost(excluding the fees): $ 224,192.50 Construction Fees: C. Water Inspection Fee(2%) $ 4,483.85 D. Water Material Testing Fee(2%) $ 4,483.85 Sub-Total for Water Construction Fees $ 8,967.70 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ G. Street Light Installation/Inspsection Cost H. Street Signs Installation Cost Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 8,967.70 Choice Financial Guarantee Options,choose one Amount ck one Bond=100% $ 224,192.50 Completion A reement=100%/Holds Plat $ 224,192.50 Cash Escrow Water/Sanitary Sewer=125% $ 280,240.63 Cash Escrow Paving/Storm Drain r=125% $ Letter of Credit=125%w/2 r expiration period $ 280,240.63 7 IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadrupli te, at Fort Worth,Texas this day of 200 CITY OF FORT WORTH-Recommended by: Water Department Transportation & Public Works Department Wendy C i Babulal, EMBA, P.E. Wi liam A Ve est,P. . Develop nt Engineering Manager Director Approved as to Form &Legality Approved by Ciry Manager's Office Amy J. R Fernando Costa Assistant ity t ttorney Assistant City Manager ATTEST: . NO M&C RI?QUIRED ry\—Marty:4Hrix City Secretary ATTEST XTO Energy Inc Signature Signature (Print)Name: LkA C.AC%o-AL.A Print Name: Edwin S.Ryan Jr. Title: Senior VP-Land Administration OFFI7RECORIDCITEFT. Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Location Map ❑ Exhibit A: Water Improvements ❑ Water Estimate ® Exhibit A-1: Sewer Improvements ® Sewer Estimate ❑ Exhibit B: Paving Improvements ❑ Paving Estimate ❑ Exhibit 13-1: Storm Drain Improvements ❑ Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 9 1 J BANNISTER ENGINEERING PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST MARINE CREEK WATERLINE RELOCATION FORT WORTH, TEXAS 7/17/2009 SUMMARY SANITARY SEWER IMPROVEMENTS $194,950.00 DRAINAGE IMPROVEMENTS $0.00 15% CONTINGENCY $29,242.50 PROJECT TOTAL $224,192.50 Since Bannister Engineering,LLC has no control over the cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the costs of construction materials,are made on the basis of experience and available data. Bannister Engineering,LLC cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown herein. Bannister Engineering,LLC 2400 Hwy 287 N.,Suite 110 Mansfield,TX 76063 1 of 2 817-842-2094 OPCC MARINE CREEK WATERLINE RELOCATION WATERLINE IMPROVEMENTS UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL 1 16" DIA WATER LF 1925 $70.00 $134,750.00 2 16"VALVE EA 2 $5,000.00 $10,000.00 3 AIR RELEASE VALVE EA 2 $4,500.00 $9,000.00 4 BLOW OFF VALVE EA 1 $3,600.00 $3,600.00 5 FITTINGS LS 1 $10,000.00 $10,000.00 6 CONNECT TO EXISTING EA 2 $4,000.00 $8,000.00 7 PAVEMENT REPAIR LS 1 $5,000.00 $5,000.00 8 TESTING LF 1925 $2.50 $4,812.50 9 TRENCH SAFETY LF 1925 $1.50 $2,887.50 10 ISILT FENCE LF 2760 $2.50 $6,900.00 SUBTOTAL $194,950.00 Bannister Engineering,LLC 2400 Hwy 287 N.,Suite 110 Mansfield,TX 76063 2 of 2 817-842-2094 X- 16" WATERLINE RELOCATION ALONG LOTS 1 & 2, BLOCK 2 MARINE CREEK ESTATES twim Nair an M� MARINE dNIX WR DALE A. FESSELER a MANA /� D40SIM oolwNr RA7 a �wTAlal� 00 MNIA{Y" W9 A. VERKEST P.E w ^mmRou N �r A AA SI TE �" � � PUBLIC WI7RKS DEPARTMENT a TTEOgmIR RLRAII � eo UB111R 016 FRANK.CRUMB. P.E. A N cv*44."TRIP-T IuuEco I-AM At 00 A1R4O1-47 K' PROJECT MANAGER DATE D.O.E. NO. 1ecAnow MAR Y A Rom[ FILE NO. TPW PROJECT NO. IN WATER PROXCT NO. FORT WORTH, TX W/LOR, A. VERKEST, P.E. Al SEWER PROJECT NNO. PUB C WORKS DEPAR EY AND aTY PROJECT NO TARRANT COUNTY April 2009 �Ra ARtl SrPREPARED FOA REVIEW RENEW ONLY ItOWNER/DE4ELOPER: BANN ISTER E N O I N E E R I N O KEYWINN DEVELOPMENT STEVE KEYS CAA BEFORE YOU EN G .a+.JIrLr9Stifp FORT WORTH,TX 76110 TAM ONE CALLs T WE CONTACT: T.JASON BANNISTER,P.E. ' (�IWI10 han gbrb DWI X- tour. \ ago"Jm cry or mv �,,,` ` ••~rr`�+ r \\ plirlerYt. wnal �{vw~im /�i. eoarl `j y �M• } F � i/���' b'•�C,es !+1 aYmw w.m r P.w r owl a.0 Wft.,,. • 2Wr•.yy�i.IM-1.414 0-=r. 'ir. wb.rl: AMIMI Allam rl?t t Of 1700.'a17:1 M'W I�yw�yq\\ 1w a 100 t00 ,•r•.f M•yW•Ib�♦yyW� + \\ W.M//YNfNlN \ ArW�/�M M rAYM rf•tr.{w I•r-•M m u e etie n r .�rlry •oil '�I'\\ auw.e r�r.r�rr.�i r�wrirwr .a I how Y \It a q \ a ww.•W.i°r.rw'.r�t prw.l r"�'!rw c. !a\ ►umuo am e+a awnata+ ►aRr ' +\\ BIurr \ � '�y� YtTY'CC•:+ter` W .1 wy�.�.....�yw..w r Tr.a� RAM s MW I "a WORM cm WJfa A.— SMr r n r t1r r� Li� ' ~"r"�" .74 Yi w..W.rr�•u�M•p� mrar er M4raT ! 'YIClNA7 MAP(Aot W lw/e) Li /Jptlt M pure r a."Owk h1—LA ' •\ Vtt1r wfr�r MAN r W M W W r lrrr r ew b.i. NW W..•..wr r LOT 2 mr.�r.a 1/t'lrr�raw O trMt•pr1t rr tISAW L►b/�r Mi\ Y W.rM/'•ijM \,wrt���►.d��\ x •1aIY r.W r/.11 M NY r.ar111.aura i r h..liw M n'i`r uW.w�i Jw+t ft-M*W V hIII i i1w P.O.W.r+..1ra 4.rr ra rr•.r Aa1..• '/t'4"Mar m a r ' 1/Y e�..•a urn r4.4� w r r w r�.�Iyrrbar rr h A.W ru.r wa r t t m l tw am 1. Mara Irro W.wewr b ra.ri r..W r �arYr 1Yl 1WIMrr r W C{T WPM VWU Ma W OW r rr 1 Lr rr•1.00.M' rut 1W.MT m•N a••b i t t t/•I t 411.44• fa f..AY.►/A. tow•a�•v0/••a•N••ya••/ .�•wM w�.•.ta/rYr Irr+�i.Jw1.w w:s r W a.vr a.er.r I/T'WT Odd�p,ad ` \l 1om.tYlarwR 1 ' _�'• �•Aw+r,w t.,.w:,iwr'rdI y,r OW I •j 1/Y lwI Mrtr b w�' ; 7rY fYi r1p1rH/y atiu ar.t wY►•rf rr1 rw A M W JIiM 11 1101LS.Irr11�1rW1b>rY W wn.rlrf•I•rM r Na00 rr W 1rr1... ra r 1u S rryw we Of a•t 1nr/rrd M.W w war h.W r..rR ''� , NwR l�111W!•bj:r•6 rrr Mwru s'r+ r WIa.p�1•Yo.M �I1 r f1aCR a Gn 7 f I" wa'rN•r •rw1.r w I tw rwa 7laut7 JAra1a N..i►ta ` 1m•r.Yr. t L Ma aMr•x. z Mr bwnwAn r W rML A!r v Ira r lr;r j w wr rq1 r M M•films 4MWa rrwmrm a W dr M!Y r a•17rr a.10wr4 ' , �rL•01 hI w WrWy. d ft.�r a—b b MI AIM WON M.b•f/e AM IM 6W 1 e erq LT 14Ma a1Q �IIIRL It7Ylt 1��sr.0a7a�t tl Itl� aa�alma low •0a1aM 41000.a/ Vdaw ism L►• 7mRR a1rMr1W Mb rb w.w rW i rd.r JNLLW rr W- Wf 1 a4ar! 1 nit mw' o�aeam riRW�ir twlT; r•w�r r Yaasr47W MI rr..WI Wr1 r•n a °"�r+�a' zeu•n 7°ott warn. 1 rwu Dun''VIM M r a ur Ina 1M h w r W FaM r•rMad 7OiY 1 � � mace� rIW•I•a.111060C rr M..r•N 1'• 1. w•11.m m...••.re••maa .w•r uMY'.r1.«r sn rr.r..Y...ra w.a rlltfn'e r w Jrr i•r.1bw w.w r w Inw�,V, ��w �` ! t®1� .a►W wrw •nun r TMao!wi Ma•r6�1 ''•I '! .yr r M�wt1�..•..•r raM�1•.•.m t.m rMr a.r.a 1a•ta t Ufa '� 1 1 VMS r.Vt'wM r••wa rr r W tun.a•n,.r w.w r IKOql \ `� k mum s.ra..rmtr rr.r..w a•rrt w •ea..r ttaa rr M. "`��� "w+ ;i ..rr Mtr r tawtt..rl...r Tar 11m Mr mMp rt.■arm m 'i wpM1 y1a rr b.��J)//la''Myy Iw IM rW r—w"1y•MAL i. • A .1n.b W M11••.a•rbt r-W rm1Yw1 ryJN r wp ii r L L m • Y • \ t a M•. ��f- mRm rY MY NrM .I.i.r w10aa r1 Ma. i wr �� \ S' '�, �ir�'"i � (�Q.� Ciwa'7.'.1�ywy►r1"f"vr�(rirwm'�imms�rnM..w.f.r'r'..r"u a ur.ar \ TIOa�a 000a7R'/OO�T 0 ra•M1.mY'1�f al�aa�un�i 0 A"p ' \G� mawa�•up 1r a.or ar Rs wmw _ ;.\� I/+•ro•�'� �� ISIfMIc TM I w��dom'��'°�.'..."�''. /^wlgrmoram a a (Mp7Ry�'aMir 1r��papp.'lr `�M` a.malY.1rYW��•yW1 tlb w�rr�1► tir1T. W f R O.Mi Ir ,y\`' ��7mR t W 1.0 YY L1m..JyMrN a w JIa.•.rrr Ani�rrlr.Yw1.t.a`;-.r r�1M M•rr. j aa•o.n r w aw nr r.w..Y�.. 1 a1�am� nw w nm ra.1 r htaT./aV' \ '�y rr�4M�'�°r r ur rwT NM 4 aRaO. Y1` }IILit>(�a1T ef�ICaM.Mea twr f tat•n►maaaY1r a L►. 1 ` ri f r, t IM•1° OQ ,,p j 1Wr+++1Y+r.rr tr'+•a.is�rlM•caw pY F O waft" 1 / d awltlam aR W..am.mw . pt 14 t.►a r.w r w wr r tar r 0 `�• wir.nIM�IMr.M01.r[ �rM I�r�rM/mow YMi rjrjim mnlaa w. 00 L7BIOr am tre r� w_aa_u_ uw amiml rr rum IJm Ra.a w1let M W ea•Y *•MJaraAt,.,tr,sM1 ►&M MAT ar•~f�w:7 // laor too• i �. " "WNW FICIEDim foml a xc ra Owl M1fr m i� `� ALAN WARD SURVEMO CO. MARINE CREEK ESTATES yyyM i �'�' fe,tw nm Mr,m7•w10M1 RIM A ALMN AM IL 8ATClml d1ffM.W'tAAG7'. I" i/ ,� �.. n..Mrt,a.lar nt an-.••r1a AND TM L!PJLLCI6 Df M' brla.omr rwn.ww►..n xmm DI nD;CIPP QI'IDRT IQRTiL. TTa'm i� FMdD M WMAT_A•_d/�M E't a1 A' • /rR•M•ePN � • �Jj 1 APPMWA,S LOCATION Cr QTY WAMItm(a-Isso 'Y A nosD u)PM att PLANS -.. � �T 8�L\ i „� �� �4i � �� �107 V�jZ• WA LINE MUMC �I I :ad a T WwR AM ts A RICK°NI GRAPHIC SCALE W 1 I` • w ZLa �I I wATu rnN0 Z d 1��I 1`w,avNE C7YT 'im A.�,` �Y II ANOQI ODEID10 .' ..'•'�` ,i4' ,i ✓ � LEGENQ pq W i {YSIEL NOTE gnu NOTES ' I i 10'VTITIv,1'WCUIXI ,.THE CONTIIACT011 MALL ruto T2As'Y THE l Ma,fEONTAL MD YEATICAl,LOCATION OF 1 11 ALL AM` EpftA UTCl11Ef T,NEAC PA UTUM9 CENO COrARCTED,PAIatNt I) III •1 i To srAAr a cowTAucuDN,TTK I {. OONIl1AC1011 lNALL K 1fd7PONlIELL/01 ANY AQANE m WEIWO Man CUE NA o' T D 0 vDNM rAEENrNr AOE IoalAm DuaNO 20,CAMAMY EEM!NATOWNE O AM N nIE CONIRACT011 ENALL ' NONY THE 01fiiEN AANEQA1ElY N A COMILICT H aEC6Y1A1O. 1I) �'•'� APPAa0YA1[IM.710N Or 7.,RrGN01Ef TO OUT C-,IN ADDITIONAL I -�Qtt IUIIROINE io-ED �lI . �l`II ,I✓✓ D)Np)lCAQTYPWH ` I ` 1 LOT 2, BLACK 2, MARINE CREEK ESTATES l "afem }+ CABINET A. SLIDE 5431 iia- ° oa�e'9.T64 ACRES 7 hslo sAat4l�i i,A-rss-0r0,LILI. '4 D-24°s:iessan or rw TIM ON wtuW 1304i77,,P�J2 WA�p casm �a` Lpa FOR ALLorKir°EY cmmwcs etE3" d WARMAM MIT MDPPow,s' II V m INE j. 1iII) V1p WqE WAE t EASEMENT f �� I voIUYE]N0,PAo[EE0ITTH i {Ea Nott N) I{( 1 8 M W am ► e 10 i v ` rill 1 ! EF,EET N0. EX DEVELOPMENT BOND GUARANTEEING PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. 105279341 KNOW ALL MEN BY THESE PRESENTS, that we, XTO Energy Inc. 810 Houston Street, Fort Worth, TX 76102`, as Principal and Travelers Casualty and Surety Company of America, One Tower Square 3PB, Hartford, CT 06183, a corporation organized and existing under the laws of the State of Connecticut and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto the City of Fort Worth, Texas, 1000 Throckmorton Street, Fort Worth, Texas 76102, as Obligee, in the penal sum of Two Hundred Twenty Four Thousand One Hundred Ninety Two and 501100 Dollars ($224,192.50), 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. WHEREAS, XTO Energy Inc. has agreed to construct in Marine Creek Est. 16"Waterline Addifien,City Project Number 01311,DOE: 6197 in the CITY OF FORT WORTH,TEXAS the following improvements: Relocate 16"Waterline 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 the 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: Travelers Casualty and Surety Company of America Mail code: One Towner Square 3PB, Hartford.CT 06183,Attn:Andrew McPhail or by facsimile to Travelers Casualty and Surety Company of America,Fax Number (214)570-6400 confirmed by a phone call at(214)570-6399. PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which increases the price of the aforementioned contract. PROVIDED FURTHER,that if a legal action be filed on this bond,the laws of the State of Texas shall apply and that venue shall he exclusively in Tarrant County,Texas. AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and agrees that no change, 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 be amended from time to time. Signed,sealed and dated this 19th day of Aunu t_,2009. XTO Energy Inc. Travelers Casualty and Surety Company of America Principal Surety n By B.y J Joy We ter,Vice President Teresa Godsey,Attorney-in- i WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT TI IE RED BORDER AW POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St 3gul Guardian Insurance Company Fidelity and Guaranty Insurance Company St ul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Thvelers Casualty and Surety Company Seaboard Surety Company Tn vclers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company Un ted States Fidelity and Guaranty Company Attorney-In Fact No. 215661 Certificate No.®0 2 5 4 I ®2,Jr. KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farrington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are ` corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint E Teresa Godley,Stuart L.Iverson,Linda White,and Brenda McCaw of the City of Fort Worth ..State of Texas ,their true and lawful Attomey(s)_in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and } other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of } contracts and executing or guaranteeing bonds and undertakings requited or permitted in any actions or proceedings allowed by law. it a 24th IN WITNES WHEREOF,the Coptirr have caused this instrument to be signed and their corporate seals to be hereto affixed,this_ day of July , CL Farmington Casualty Company St Pau[Guardian Insurance Company Fidelity and Guaranty Insurance Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G_yRS�yU,,_� arorr} �4\RE 6 Rq IMf +1MS4 �iY'w iYv; Orty -•i r~ * � _�* �p`{"~•.G� `JP�.......g7.i Po. °+` y�,ptq� ���S7Y'{h3 q s\�►.-15/t �� 1�J� O q� ��.SEAL`o�'� �+ o � CONL a, �8 � t� � f�� br M tstt %f oFr{y1`P` JVAANGf` 'S..4J��a�� °'<y.._..��� yi •���� i • $�A��'" E E1 i? State of Connecticut By: City of Hartford ss. Georg Thompson, nior ice President On this the 24th day o f July 2008 fore me personally appeared George W.Thompson;who acknowledged himself = i 4 to be the Senior Vice President of Farmington Casualt y ty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,_Itte., Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Traveleis Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly-authorized officer. a In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2011. Al/BI�G * Marie C.Tareault,Notary Public r P 4 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER