HomeMy WebLinkAboutContract 26096 SECTION ONE CITY SECRETARY
COMMUNITY FACILITIES AGREEMENT CONTRACT NO.
to install
WATER AND SEWER SERVICES
for
SUMMER CREEK SOUTH PHASE IA
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 $ 11,160. 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 Eighty Seven Thousand,
Three Hundred Eighty-Nine Dollars $8( 7,389) .
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 $ 10,800. 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
Forty Three Thousand, Seven Hundred Fifty-Nine Dollars ($43,759).
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PROJECT NAME: SUMMER CREEK SOUTH PHASE IA
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-B 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 sewer
facilities to be constructed hereunder is estimated as follows:
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PROJECT NAME: : SUMMER CREEK SOUTH PHASE IA
(1) WATER FACILITIES :
Estimated **
Developer Estimated Total
Cost City Cost Cost
(a) Mains, Within
Development $ 59,439 $ 27,950 $ 87,389
Approach $ -0- $ -0- $ -0-
(b) Easements* $ -0- $ -0- $ -0-
(c) Services
24 - single 1") $ 11,160 $ -0- $ 11,160
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Water $ 70,599 $ 27,950 $ 98,549
(2) SANITARY SEWER FACILITIES:
(a) Development $ 43,759 $ -0- $ 43,759
Approach $ -0- $ -0- $ -0-
(b) Easements * $ -0- $ -0- $ -0-
(c) Services ( 24 -4") $ 10,800 $ -0- $ 10,800
(d)Park Participation $ -0- $ -0- $ -0-
Sub-Totals, Sewer $ 54,559 $ -0- $ 54,559
(3) TOTAL
CONSTRUCTION COST: $ 125,158 $ 27,950 $ 153,108
(4) CONSTRUCTION
INSPECTION FEE : $ 2,503 $ 559 $ 3062
*to be dedicated by the developer.
** see Page 1-4 for City Cost
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** CITY PARTICIPATION BREAK-DOWN FOR:
PROJECT NAME: : SUMMER CREEK SOUTH PHASE IA
OVERSIZED WATER MAIN
(Developer pays up to 12" water line; City pays the difference between 16"/12"
water line and gate valve)
ONSITE:
16"/12" Water Line ($45-$20)
846 L.F. x $25.00 = $ 21,150.00
16"/12" Gate Valve ($8,000-$1,200)
1 Each x $ 6,800.00 = $ 6,800.00
Subtotal $ 27,950.00
TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $ 27,950.00
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PROJECT NAME: : SUMMER CREEK SOUTH PHASE IA
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
I. 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
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PROJECT NAME: : SUMMER CREEK SOUTH PHASE IA
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:
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Lee C. Bradt y, Jr.
Director
Water Department
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COMMUNITY FACILITIES AGREEMENT
to install
STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN
IMPROVEMENTS
For
Summer Creek South, Phase 1A
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 $343,753.
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 $268,570 of the total amount.
The City shall contribute Dollars $75,183 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. -
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TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102'_`
(817) 871-7800 * FAX (817) 871-8092
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Summer Creek South, Phase 1A
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.
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Summer Creek South, Phase 1A
Summary of Cost
Estimated Estimated
Developer for Developer for Estimated
Item Current Cost Future Cost City Cost Total Cost
Improvements Improvements
A. Construction $235,387 $-0- $55,466 $290,853
1. Streets
$14,740 $-0- $-0- $14,740
2. Storm Drainage
$13,200 $-0- $-0- $13,200
3. Street Lights
$-0- $-0- $-0- $-0-
4. Traffic Control Devices
$240 $-0- $-0- $240
5. Street Name Signs
B. Engineering Design $-0- $-0- $3,328 $3,328
6%
C. Construction Engineering $5,003 $-0- $16,389 $21,392
(@ 7 %) and Management
by DOE
D. TPW Administration $-0- $-0- $-0- $-0-
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TOTALS $268,570 $-0- $75,183 $343,753
NOTES:
1. Forty-two (42) feet and wider street include sidewalk cost.
2. Construction items (1-4) 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 for streets adjacent to City Park is: $-0-.
CFA CODE 99065 Date: September 22, 1999
Case No. FP99060
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E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 2 EA $ 2 , 000 $ 4 , 000
Summerview way & Summerview court
Summer creek Rd. & Summerview way
MID-BLOCK RESIDENTIAL 0 EA $ 2 , 000 $ 0, 000
CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $ 4 , 000
SUMMERVIEW CT.
MID-BLOCK COLLECTOR 2 EA $ 2, 000 $4, 000
SUMMER CREEK RD.
MID-BLOCK ARTERIAL 0 EA $ 2, 000 $ --0—
MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 500 $ __0__
RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__
Subtotal $12, 000 . 00
City' s Cost $ ---0---
Developer' s Subtotal $12, 000 .00
10% Contingencies $ 1, 200 . 00
Project Total $ 13 , 200 . 00
Adjacent Developer' s Cost $ __0__
Developer's Cost $ 13, 200.00
Summer Creek South
Phase lA
Fort Worth, Texas March 27, 2000
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2 . STREET LIGHTS WORK DESCRIPTION:
1 . Streetlights on residential and /or collector streets can be
installed using overhead or underground conductors with the approval
of the streetlight Engineer.
2 . Streetlights on arterial streets shall be installed with underground
conduit and conductors .
3 . 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" .
4 . 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 .
5 . 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 .
6 . Luminaire ballast shall be rated for multitap operation and each
luminaire shall have it' s own photocell .
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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 three (3) intersections at
a cost to the Developer of $240.00:
Summer Creek Road and Summerview Way
Summerview Court and Summerview Way
Summerview Court and Summerview Court
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 lA
Fort Worth, Texas August 11, 1999
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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.
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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
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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 (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.
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.
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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. Performance and Pavment 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.
b. Cash Deposits: A cash deposit shall be acceptable with
verification that an attempt to secure a bond has been denied,
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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
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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].
I. On all facilities included in this agreement for which the developer awards its
own construction contract, the developer agrees to follow the following
procedures:
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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
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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
v,r'
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
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Oak,
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 "IPPBCC:�XL RIP ErUP,D
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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'/ 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'/ 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
c i K(I-INI �° Ell
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 execUled this instrument in quadruplicate, at Fort Worth, Texas this
the 2�day of 1AJ-OOQ
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
Gary J. Steinberger Hugo Malanga, P.E.
Assistant City Attorney Director, Transportation
and Public Works
ATTEST: CITUFORT 0 , TEXAS
By:
Glor# Pearson /57-0-00 Mike Groomer
City Secretary Assistant City Manager
Contract Authorization DEVELOPER:
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Date By: ¢/� \ f
A-12 `- —
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A
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 6.930
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 (1 A)"; and
WHEREAS, the Developer intends to develop Summercreek South Q A) 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 (1A) (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 (JA) (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 (1A) (hereinafter collectively called the "Plans"); and
WHEREAS, the Parties desire to set for the terms and conditions of such
accommodations as are described above.
MICNAIA
COMPLETION AGREEMENT—Page 1
err^c.q�Ip�Vp�
low
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 Two
Hundred Eighty-Two Thousand Seven Hundred Fifty-Four Dollars and no cents ($282,754.00)
(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 (IA) 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 (IA)
(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 UFRCOXk GECC)G�D
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��,��Qp #li�t�I'� 41 �
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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 Summercreek South (1A)-,4 J be
COMPLETION AGREEMENT—Page 3
(�Mill cE p'1111Mly
AOUk AM*
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 CitX. In the event that either: (A) the development of
Summercreek South (LA) 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 th_ e
be terminated and of no continuing force and/or effect. The City shall provide mecNaniAWAD
Tiff
COMPLETION AGREEMENT —Page 4
A
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 (IA) and shall execute and deliver such
temporary easements over and across the entire Summercreek South (lA) 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 the assurances and
covenants contained in this Agreement satisfy all requirements of the Cit with resp
COMPLETION AGREEMENT —Page 5 '�
r% Yw-),sFL"
AM, ..�
payment and performance bonds or other requirements for security in connection with the
development of Summercreek South (IA) and 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 Agf Bement 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 (1A) 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 (IA) in the
Tarrant County Plat Records. The purpose of the City retaining the anal plat of Summercreek
South (IA.) 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 (1A) 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 (LA), 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 th Loan.-
COMPLETION AGREEMENT —Page 6 �;p�°�h �L�C� �
Aft
(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 —Page 7
AMP& Ack
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 iV Ll�� �r�,`.Gj 1'Ell
Executed by the Parties to be effective as of the date first stated above.
APPROVED AS TO FORM AND LEGALITY THE CITY OF ORT RTH
By: y By:
Name: angName:
Title: Assisstant City Attorney Title:
DEVELOPER:
SUMMERCREEK SOUTH DEVELOPMENT, LTD.
By: �YYi k
Tim H. Fleet
LENDER:
FIRST CONTINENTAL INVESTMENT CO., LTD., a
Texas limited partnership
BY: FCC MANAGEMENT CO., L.L.C., a Texas limited
liability c mpany, its sole general partner
By: �
ohn M. Bonner, Manager
COMPLETION AGREEMENT Page 10 r` y r",Lim ela oti�
n� 1
�
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.
EXHIBIT A- LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
NUMA VIN
COMPLETION AGREEMENT—Page 1 I
WELCH ENGiNEERAG d'I(42SILS(7 IG/14 •/V 1 I.-DO NU-V0D uciu�D
PROPERTY DESCRIPTION
Being a 9.930 acre tract of land situated In the PUERTA TIERRA IRRIGATION 00. SURVEY, ABSTRACT NO.
1831, and being a portion of that tract of land described In deed to Lewisville 7 Partners and recorded in
Volume 11870. Page 1303, Deed Records, Tarrant County. Texas, sold 6.930 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at o 1/2 inch Iron rod found for the northwest corner of sold Lewisville 7 Partner tract of
fond at the Intersection of the south right-of-woy line of Wildflower Way (68' public right-of way) and
the west right-of-way line of Summer Crests Rood (60' public right-of-way);
THENCE S73'48'DO'E, along the south right-of-woy,line of sold Wildflower Way, a distance of 442.93 feet
10 a 5/8 inch Inn rod set for caner,
THENCE S18'12'00'W, leaving the mouth right-of-way line of said Wlldflowr Way, a distance of 129.40 feet
Io a 5/8 Inch Iron rod not for comer at the beginning of a non-tangent curve to the left having a
radius of 50.00 feet and whose long chord bears S27'53'03'W, o distance of 91.33 feet;
THENCE along sold curve to the left, through a central angle of 131'56'24', an arc length of 115.14 feet
to a 5/8 inch Ian rod set for comer at the and of sold curve;
THENCE N73'3W06'W, a distance of 60.00 feet to a 5/5 Iran rod set for comer;
THENCE S56133'09'w, o distance of 23.17 het 10 a 5/8 Inch imn rod eat for corner at the beginning of
o non-tangent curve to the left having a ro&uv of 165MOD feet and whose long chord bears
S09'54'33'K o distance of 345.49 feet;
THENCE along void curve to the left, through a central angle of 1201'09', an are length of 348.12 feet
to a 5/8 inch Iron rod not far comer of the end of said curve;
THENCE S8130'30'W, o distance of 294.77 het to a 5/8 Inch iron rod set for corner,
THENCE NB8'05'34'W, a distance of 90.00 feet to a 5/8 inch iron rod set for comer in the west line of
the aforementioned Lewisville 7 Partners tract of land and the east line of a tract of land described In
deed to E-Systems, Inc. Pod Trust and recorded In Volume 7778. Page 85. Deed Records, Tarrant
County, Turas, sold 5/8 Inch Ion rod set being at the beginning of a non-tangent curve to the right
having o radius of 2000.00 feet and whose long chord boors N09'03'48'E, a distance of 488.26 feet;
THENCE along sold curve to the right and the common fine of cold Lewisville 7 Partners tract of land
and the E-Systeme, Inc. Pod Trust tract of land through a control angle of 1418'41', an arc length of
499.58 feet to a 5/8 inch iron rod found for corner at a point of non-tongency at the end of said
curve;
THENCE N16'20'54'E, continuing along sold common line, o distance of 341.92 feet to the POINT OF
BEGINNING and containing 301,882 square feet or 6.930 acres of lord
WELCH ENG G. I NC.
CONSUL TING ENGINEERS SHEET 1 Of 1
s ,
EXHIBIT "B"
COST BREAKDOWN
PHASE IA
Paving 147,403.00
Drainage 8,200.00
Street Signs / Lights 13,200.00
Water 73,329.00
Sewer 40,622.00
$282,754.00
COMPLETION AGREEMENT—Page 12
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WELCH ENCv NEERIl*TG, INC. ( L-��!`-`''�� •
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City of Fort Worth, Texas
imeagar And coun"'I conswunication
DATE REFERENCE NUMBER I LOG NAME PAGE
5/30/00 C-18053 20PHASE-1A 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMERCREEK SOUTH
DEVELOPMENT, LTD. FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR
SUMMER CREEK SOUTH, PHASE IA
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 IA.
DISCUSSION:
Summercreek South Development, Ltd., the developer of Summer Creek South, Phase IA, has
executed a proposed contract for community facilities to serve a single-family (24 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
three 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 $235,387,
plus $4,708 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. A sidewalk 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 $75,183.
The developer estimated cost for water and sewer is $125,158 plus $2,503 for construction inspection
fees. Water Department participation is $27,950 plus $559 for construction inspection fees.
The developer estimated cost for storm drains is $14,740 plus $295 for construction inspection fees.
There is no City par(icipation for storm drains.
Six street lights will be installed at a cost to the developer of $13,200. The locations include the
intersections of Summerview Way and Summerview Court, and Summer Creek Road and Summerview
Way. A light will also be installed on Summerview Court and on Summer Creek Road.
There will bA„three intersections where street signs and stop signs will be installed at a cost to the
developer of $240. These locations include Summer Creek Road and Summerview Way, Summerview
Court and Summerview Way, and Summerview Court and Summerview Court.
City of Fort Worth, Texas
"avow and council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
5/30/00 C-18053 20PHASE-1A 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMERCREEK SOUTH
DEVELOPMENT, LTD. FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR
SUMMER CREEK SOUTH, PHASE IA
Total project cost for this development is $499,923. The developer's participation is $396,231, and total
City participation is $103,692.
PLAN COMMISSION APPROVAL - On April 22, 1998, the Plan Commission approved preliminary plat
(PP 98022). The final plat has been submitted to City staff for review.
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 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY COUNCIL
Hugo Malanga 7801 (from)
MAY 30 2000
C115 541200 020115136299 $ 55,466.00
Additional Information Contact: C115 531200 020115136299 $ 3,328.00 "l /
PW77 539140 060770155830 $27,950.00City Secretary of thv
Hugo Malanga 7801 C115 541200 020115095216 $ 16,389.00 City of!�• '�' *:` > .s