HomeMy WebLinkAboutContract 43962 COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT `
§ Contract No.
WHEREAS, the undersigned Developer ('6Developer") desires to make certain
improvements ("Improvements"') related to a project as described below (``Project"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection with the Improvements.
Developer Information:
Developer Company Name: ATC MF No. 1, LP
Address, State,Zip Code: 13600 Heritage Parkway, Suite 200, Fort North, TX 76 177
Phone, E-Mail: (8 17)224—G000, Russel l.laughlinhillwood.com
Authorized Signatory/Title: Russell L. Laughlin, Senior Vice President
Project Name: Sagestone Village at Alliance Town Center On-Site Improvements
Project Location: Alliance Town Center—Lot 19, Blk A
Plat Case No.: FP-012-032 Plat Name: Alliance Town Center
Mapsco: 21 Y Council District: 2 City Project No: 0 1974
CFA: 2012-071 DoE: 6904
To he conzplete y taff
Received by:
ILA I te:/,J/10\1.
OFFICIAL RECORD
CITY SECRETARY
i_ I 1 FT. WORTH9 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 ('t..CFA") as if
copied herein verbatim. Developer agrees to comply with at] 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) X Paving (B) Storm Drain (B-1) , Street Lights &
Signs (C}..
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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.
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 prequalif ed to perform
water/waste water 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 insuring the maintenance
and repair of the constructed infrastructure during the term of the
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 ACORD Certificate of
Insurance supplied by the contractor's insurance provider and bound in the
construction contract book.
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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 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.
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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
damn es are caused in whole or in Part, bv the alle ed neydizence o
the City of Fort 11"ortl itN officers, servants, or enwlo gees.
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
in 'uries death or damn es are caused in whole or in Part, bv the
allezed negligence of the City of Fort Woi-th, 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
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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.
a. 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 1 YEAR
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 one (1) year; 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
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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 one (1) year from the date of this Agreement the
community facilities have not been completed and accepted.
iv. The City may utilize the Devel opera 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 one (1)
year 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)
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Cost Summary Sheet
Project Name: Sagestone Village at Alliance Town Center On-Site Improvements
CFA No.: 2012-071 DOE No.: 6904
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. -Fhe 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
1. Water Construction $ 80,714.50
2.Sewer Construction $ 8,698.00
Water and Sewer Construction Total $ 89,412.50
B. TPW Construction
1.Street $ -
2.Storm Drain $
3.Street Lights Installed by Developer $
TPW Construction Cost Total $ -
Total Construction Cost(excluding the fees): $ 89,412.50
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 1,788-25
D. Water/Sewer Material Testing Fee(2%) $ 1,788.25
Sub-Total for Water Construction Fees $ 3,576.50
E. TPW Inspection Fee(4%) $ -
F. TPW Material Testing(2%) $
G. Street Light I nspsection Cost $
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ -
Total Construction Fees: $ 3,5T6.50
Choice
Financial Guarantee Options,choose one Amount ck one
Bond=100% $ 89,412.50
Completion A reement= 100%1 Holds Plat $ 89,412.50
Cash Escrow Water/Sanitary Sewer=125% $ 111,765.63
Cash Escrow Paving/Storm Drain=125% $ -
Letter of Credit=125%wl 1 r expiration period $ 111,765.63
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 sea] of the City affixed, and said Developer has executed this
instrument in quadruplicate, at Fort Worth, "l,exas this day of
IF
, ?p -
CITY OF FORT WORTH-Recommended by:
Water Department Transportation& Public Works Department
Wendy Chi-B ulal, EMBA, P.E. Douglas W. Wiersig, P.E.
Development tingineering Manager Director
Approved as to Form &Legality: Approved by City.}Manager's Qf ice
aL7► �*_ _p4 00Doug .B l act Fernando Costa �,, 0 4 Assistant City Attorney Assistant City Manager 0 a M&C No. & /4 ATT v °*Date: a d
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ansn
a, J. Kayser
City Secretary
DEVELOPER:
ATC MF No. 1, LP
a Texas limited partnership
By: ATE` MF No. 1 GP, LLC
a Texas limited liability company,
its general partner
By.
Name:
Title: l* , Ce
OFFICIAL RECORD
CI'T'Y SECRETARY
9 IM WORTH, TX
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included Attachment
Location Map
El Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
F-1 Exhibit B: Paving Improvements
❑ Paving Estimate
❑ Exhibit B-1: Storm Drain Improvements
F-1 Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
10
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:3 COMMUNITY FACILITIES AGREEMENT EXHIBIT AI
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_j 17 FOR ON-SITE SEWER MAIN TO SERVE ++�
SAGESTONE VILLAGE AT ALLIANCE TOWN CENTER a_❑ W Aumdates,Inm
The City of Fort Worth,Texas
Alliance Town Center
Lot 19,Block A
UNIT 1;WATER
CPMS ITEM APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL
UNIT PRICE RECORD NO NO. QUANTITY PRICES WRITTEN WITH WORDS AMOUNT
Furnish and install,including all appurtenant work,complete in place,the following items:
(D-No.refers to related items in the Part D Special Conditions)
BID-00753 8 LF 1-112"Copper Water Line
1 $18.00 $144.00
BID-00763 78 LF 2"Copper Water Line
2 $20.00 $1,560.00
23 LF 4"Copper Water Line
3 $25.00 $575.00
BID-00616 129 LF 6"PVC C-900 Water Line
4 $22.00 $21)838.00
23 LF 8"PVC C-900 Water Line
5 $24.00 $552.00
BID-00588 597 LF 10"PVC C-900 Water Line
6 $32.00 $19,104.00
BID-00745 2 EA 6"Gate Valve and Box
7 $850.00 $1,700.00
BID-00715 I EA 10"Gate Valve and Box
8 $1,650.00 $11)650.00
BID-00220 0.8 TN Ductile Iron Fittings
9 $3,500.00 $2,800.00
1 EA 8"Double Detector Check Valve
10 $153,000.00 $15,000.00
1 EA 10"X 4"Tapping Sleeve and Valve
11 $2,500.00 $2,500.00
1 EA 10"X 6"Tapping Sleeve and Valve
12 $2,750.00 $2,750.00
1 EA 10"X 8"Tapping Sleeve and Valve
13 $3,000.00 $3.000.00
The City of Fort Worth,Texas
Alliance Town Center
Lot 19,Block A
I EA 10"X 10"Tapping Sleeve and Valve
14 $3,500.00 $3,500.00
1 EA 1-112"Water Service and Meter Box
15 $1,200.00 $1,200.00
BID-04566 2 EA 2"Water Service and Meter Box
16 $1,300.00 $2,600.00
1 EA 3"Water Service and Meter Box
17 $5,000.00 $5,000.00
1 EA 1-112"Backflow Preventer
18 $300.00 $300.00
2 EA 2"Backflow Preventer
19 $300.00 $600.00
1 EA 3"Backflow Preventer
20 $5,500.00 $5,500.00
2 EA 2"Plug
21 $800.00 $1,600.00
1 EA 4"Plug
22 $1,000.00 $1,000.00
3 EA 6"Plug
23 $1,175.00 $3,525.00
1 EA 8"Plug
24 $1,400.00 $15400.00
BID-00372 597 LF Trench Safety
25 $0.50 $298.50
BID-01200 9 FL Pipe-Transfer of Services-Test&Commission--ServicesCS
Test and Sterilize Water Lines
z6 $2.00 $18.00
TOTAL AMOUNT BID UNIT I-WATER $809714.50
The City of Fort Worth,Texas
Alliance Town Center
Lot 19,Block A
UNIT II:SEWER
CPMS ITEM APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL
RECORD NO NO. QUANTITY UNIT PRICE AMOUNT
WRITTEN WITH WORDS
Furnish and install,including all appurtenant work,complete in place,the following items-
(D-No.refers to related items in the Part D Special Conditions)
BID-00350 1 212 LF 8"PVC SDR-26 Sewer(All Depths)
$26.00 $5,512.00
BID-00208 2 1 EA Connect to existing SSMH
$1,500.00 $1,500.00
BID-00201 3 212 LF Post Construction TV inspections of Sewer Main
$2.00 $424.00
BID-00372 4 212 LF Trench Safety
$1.00 $212.00
BID-00217 5 1 EA Vacuum Test Sanitary Sewer Manholes
$50.00 $50.00
6 1 EA Double Clean Out
$500.00 $500.00
7 1 EA Concrete Collar
$500.00 $500.00
TOTAL AMOUNT BID UNIT I-SEWER $8,698.00
Capital One, N-A. `2 538.27�3
Capftal(DiRe- Letters of Credit Department 2 94.E 5447 Fax.
� 1:001 Avenue of the Americas SWIFT!J: NFBKUS33
Bank New York, NY 10018
12/04/2012
BENEFICIARY:
CITY OF FORT WORTH
PLANNING AND DEVELOPMENT DEPARTMENT
CFA DIVISION, 1000 THROCKMORTON ST.
FORT WORTH, TX 75102
RE: IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 30003569 FOR
USD1151000.00
FOR ACCOUNT OF:
ATC MF NO. 11f LP
3090 OLIVE STRTEET, SUITE 300
DALLAS, TX 75219
PROJECT: "'COMPLETION OF ON— SITE IMPROVEMENTS FOR WATER AND SEWER FOR
SAGESTONE VILLAGE AT ALLIANCE TOWN CENTER, LOT
19, BLOCK A"
GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
30003569 IN YOUR FAVOR FOR ACCOUNT OF ATC MF NO. 11 LP, FOR AN
AGGREGATE AMOUNT OF U.S. DOLLARS ONE HUNDRED FIFTEEN THOUSAND AND
00/100 ($115,00C.00) AVAILABLE BY PRESENTATION OF YOUR DRAFTS AT SIGHT
DRAWN ON US ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ANY AMENDMENTS THERETO.
2. BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED
REPRESENTATIVE CERTIFYING, THAT "ATC MF NO, 1, LP HAS FAILED TO
COMPLETE CONSTRUCTION UNDER THE ABOVE NAMED PROJECT OR TO MAKE PAYMENT
FOR ITS SHARE OF THE DEVELOPMENT COSTS FOR THE ABOVE NAMED PROJECTr'.
DRAFTS DRAWN UNDER THIS LETTER OF CREDIT MUST STATE, ' 'DRAWN UNDER
CAPITAL ONE, N.A. LETTER OF CREDIT NO. 30003569 DATE DECEMBER 4r 20121
THIS LETTER OF CREDIT EXPIRES ON NOVEMBER 28, 2013 AT 3:00 P.M AT OUR
COUNTERS AT 1001 AVENUE OF THE AMERICAS, NEW YORK, NY 10018.
PARTIAL DRAWINGS ARE PERMITTED.
WE HEREBY AGREE TO HONOR YOUR PRESENTATION OF COMPLIANT DOCUMENTS IF
PRESENTED TO OUR LETTERS OF CREDIT DEPARTMENT AT 1001 AVENUE OF THE
AMERICAS OR IF PRESENTED VIA FAX TRANSMISSION TO 212-944-5447 OR TO ANY
OTHER FACSIMILE NUMBER WE SHALL DESIGNATE IN WRITING FROM TIME TO TIME,
Capital One, N.A. : %.3 38.27
a�11 1 �etters o.'Credit Departmen, 212 944.5447 Fax
` 100 Z Auer ue of the Americas SWIFT I D:NF8KUS33
Rangy[ New York, NY 100 18
Page: Z
Reference No. 30003569
12/4/2012
PROVIDED YOUR FAX PRESENTATION ACCOMPANIED BY YOUR OVER SHEET
ADDRESSED TO THE LETTER OF CREDIT DEPARTMENT, FOLLOWED BY A TELEPHONE
NOTIFICATION TO US AT 212--938--2703. PRIOR TO OR SIMULTANEOUSLY, THE
ORIGINAL DRAWING DOCUMENTATION MUST BE PRESENTED BY PERSONAL
PRESENTATION, COURIER OR MESSENGER SERVICE AT THE ADDRESS STATED ABOVE.
HOWEVER, RECEIPT BY CAPITAL ONE, N.A. OF SUCH TELEPHONE NOTICE OR
ORIGINAL DOCUMENTS SHALL NOT BE A CONDITION FOR PAYMENT HEREUNDER.
IF PRESENTATION IS MADE VIA FACSIMILE, THE ORIGINAL LETTER OF CREDIT IS
NOT REQUIRED. ACCORDINGLY, WE HEREBY UNDERTAKE TO FULLY AND PROMPTLY
HONOR EACH OF YOUR COMPLIANT PRESENTATIONS AND SIGHT DRAFTS DRAWN ON US
UNDER THIS LETTER OF CREDIT, FOR ALL OR ANY PART PROVIDED THE SUM OF
THE AMOUNTS THAT YOU HAVE DRAWN DOES NOT EXCEED THE FULL AMOUNT OF THIS
LETTER OF CREDIT.
EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED THIS STANDBY LETTER OF
CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998,
INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE PUBLICATION NO. 590
('lisp 9811) .
U.
(AUTHORIZED SIGNATURE)