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HomeMy WebLinkAboutContract 26156 .f► •=k CITY SECRETARY �x CONTRACT NO. COMMUNITY FACILITIES AGREEMENT to install STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN IMPROVEMENTS FOR LITTLE CHAPEL CREEK PHASE II MEADOW GATE DRIVE 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 $229,346.00 In accordance with the City's current Policy for Installation of Community Facilities as shown in the Cost Summary on page 3, The Developers shall contribute Dollars $189,235.00 of the total amount. Jn The City shall contribute Dollars $40,111.00 of the total amount. )A.(' ,/ 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. 1 CCS EIEC SMI Eff Aolbh Ank 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. 2 VF�C 14L VPECc )G�DD L IVRC,)I7a, M. Axb� -aw SUMMARY OF COST LITTLE CHAPEL CREEK PHASE II IMPROVEMENTS TO MEADOW GATE DRIVE Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 74,962.00 $ 23,175.00 $ 98,137.00 (*) Previous Payment by Adjacent Developer $ 61,866.00 $ - $ 61,866.00 2. Storm Drainage $ 3,537.00 $ 3,537.00 $ 7,074.00 3. Street Lights $ 47,300.00 $ - $ 47,300.00 4. Traffic Control Devices $ - $ - $ - 5. Street Name Signs $ - $ - $ - B. Engineering Design $ - $ 1,603.00 $ 1,603.00 C. Construction Engineering (@ 8% and Management $ 1,570.00 $ 11,796.00 $ 13,366.00 TOTALS $ 189,235.00 $ 40,111.00 1 $ 229,346.00 NOTES. 1. 42 Forty-two feet and wider street include sidewalk cost. Y ( ) 2. Construction items (1-4) cost includes 10% contingencies for Developer and City. 3. Developer's column for Item "B" represents two percent (2%) costs for construction inspection and materials testing. City's participation is approximately 6%. 4. City not preparing plans and specifications. (*) OTHER DEVELOPER PARTICIPATION Westinghouse Electric Corporation, the developer for Chapel Creek Ranch Addition, Phase 1 B paid the City $61,866 for their share of 1,148 linear feet of 20' wide pavement along Meadow Gate Drive (north half). The City to pay for 7' wide on both the north and south lanes of Meadow Gate Drive. CFA CODE: 20022 CASE No. FP99083 "6 L PEC0R,D r ,,1,;'0,�f1VU99 yao TRANSPORT:_ SON/PUBLIC WORKS DI., ATINIENT MEADONV GATE DRIVE CFA for Little Chapel Creek Addition,Phase 2 Date: 4/19/00 TOTAL COST,Bid Date 2-11-00 Low Bidder: 48' Width 7" Concrete Pavement Stabile S Winn Pay Unit Total Item Unit Quantity I Description Price Price I EA 2 10'Curb Inlet S 2,400.00 S 4,800.00 2 LF 4S 21"Class 111 RCP S 38.00 S 1,824.00 3 LF 10 24"Class 111 RCP S 45.00 S 450.00 4 SY 6,416 Lime Stabilized Subgrade S 1.85 S 11,869.60 5 TN 102.6 Lime(32 lbs./SY) S 95.00 S 9,747.00 6 SY 6,205 7" Reinforced Concrete Pavement S 19.33 S 119,942.65 7 EA I Street Barricade S 2,200.00 S 2,200.00 8 SY 27 Rock Riprap S 65.00 S 1,755.00 9 EA 2 Adjust SSMH to Grade S 300.00 S 600.00 SUBTOTAL= S 153,188.25 CITY'S COST 48' Width Concrete Pavement Pay Unit Total Item Unit Quantity Description Price Price 1 EA 1 10'Curb Inlet S 2,400.00 S 2,400.00 2 LF 24 21"Class 111 RCP S 38.00 S 912.00 3 LF 0 24"Class III RCP S 45.00 S - 4 SY 3,690 Lime Stabilized Suberade S 1.85 S 6,826.50 5 TN 59.0 Lime(32 lbs./SY) S 95.00 S 5,605.00 6 SY 3,585 7" Reinforced Concrete Pavement S 19.33 S 69,298.05 7 EA 0 Street Barricade S 2,200.00 S - 8 SY 0 Rock Riprap S 65.00 S - 9 EA 0 Adjust SSMH to Grade S 300.00 S - TOTAL= S 85,04I.L5JI DEVELOPER'S COST 48' Width Concrete Pavement Pay Unit Total Item Unit Quantity I Description Price Price I EA I 10'Curb Inlet S 2,400.00 S 2,400.00 2 LF 24 21"Class Ill RCP S 38.00 S 912.00 3 LF l0 24"Class Ill RCP S 45.00 S 450.00 4 SY 2,726 Lime Stabilized Subgrade S 1.85 S 5,043.10 5 TN 43.6 Lime(32 lbs./SY) S 95.00 S 4,142.00 6 SY 2,620 7" Reinforced Concrete Pavement S 19.33 S 50,644.60 7 EA t Street Barricade S 2,200.00 S 2,200.00 8 SY 27 Rock Riprap S 65.00 S 1,755.00 9 EA 2 .Adjust SSMH to Grade S 300.00 S 600.00 SUBTOTAL= TOTAL= Page 1 of 1 ,/`. .M4 E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 6 EA $ 2 , 000 $12 , 000 . 00 MID-BLOCK RESIDENTIAL 7 EA $ 2 , 000 $14 , 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2 , 000 $8, 000 . 00 MID-BLOCK COLLECTOR 9 EA $ 2 , 000 $18 , 000 . 00 MID-BLOCK ARTERIAL EA $ 2 , 000 $ --0— MID-BLOCK ARTERIAL MEDIAN EA $ 2 , 500 $ __0__ RELOCATE EXISTING LIGHT EA $ 1, 500 $__0__ Subtotal $52 , 000 . 00 City' s Cost $ ---0--- Developer' s Subtotal $52 , 000 . 00 10% Contingencies $5, 200 . 00 Project Total $57, 200 . 00 Adjacent Developer' s Cost $ __0__ Developer' s Cost $57,200.00 LITTLE CHAPEL CREEK PHASE II Fort Worth, Texas April 25, 2000 � �UC�°�L PECOOED o wu :��G �� o III- 1 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 . Little chapel creek Phase II $ 57,200 .00 FORT WORTH, TEXAS April 20, 2000 �o 00191. M I VI U. AOk III INTERSECTIONS YORBA LINDA DRIVE & RANCHO GRANDE DRIVE----1 YORBA LINDA DRIVE & MEADOW GATE DRIVE------1 ENSENADA LANE & MEADOW GATE DRIVE----------1 ENSENADA LANE & MOGALES DRIVE--------------1 ENSENADA LANE & CONCINA WAY----------------1 MEADOW GATE DR & CONCINA WAY---------------1 MID-BLOCK RESIDENTIAL RANCHO GRANDE LANE-----1 MOGALES DRIVE-------- --2 ENSENADA LANE----------2 CONCINA WAY------------2 CHANGE OF DIRECTION RESIDENTIAL EUREKA SPRINGS COURT---1 RANCHO GRANDE LANE-----1 MOGALES DRIVE----------1 ENSENADA LANE----------1 MID-BLOCK COLLECTOR MEADOW GATE DRIVE------9 LITTLE CHAPEL CREEK PHASE II �;, Lrb R Wufl% Mzpy,��o ATTACHMENT A GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the developer shall employ a civil engineer, licensed to practice in the State of Texas, for the design and preparation of plans and specifications for the construction of all current improvements covered by this contract, subject to Paragraph B. B. For any project estimated to cost less than $10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the City to provide the design engineering, and if such request is granted, the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project for such engineering services. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all current improvements, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Transportation/Public Works Department Director, and/or Water Department Director will be final. D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth, and developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. E. It is further agreed that the decision of the City to not collect funds for "future improvements" required in previous CFA agreements does not constitute an obligation on the part of the City to construct such "future improvements" at its expense. A-1 L Ell)EC0, 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. �'r-��u.,�E''P a Ff ;,ua C� c �,{ny^jiifi�M /"- -"k, such deposit shall be made in the Treasury of the City of Fort Worth. The City of Fort Worth will not pay interest on any such cash deposit. (1 ) At such time that the contract is bid for projects other than assessment projects, the cash deposit shall be adjusted to one hundred twenty five percent (125%) of the actual bid price. No contract shall be awarded and no work order shall be issued until such adjustment is made. (2) When a cash deposit is made, the additional twenty-five percent (25%) beyond the one hundred percent (100%) of the estimated developer's share represents additional funds for change orders during the course of the project. This twenty five percent (25%) shall be considered the developer's change order fund. (3) If the developer makes a cash deposit with the City, the developer may make timely withdrawals from the cash funds in order to pay the contractor and/or subcontractor based on amount of construction work completed as approved and verified by the City Engineer or authorized representative. For projects whose actual total contract cost is $400,000 or greater, such release of security shall equal the percentage of work completed for that period multiplied by ninety-five percent (95%). This percentage shall be applied to the actual current total contract cost to determine the amount that may be reduced upon request of developer. For projects whose actual total contract cost is less than $400,000, such release of security shall equal the percentage of work completed for that period multiplied by ninety percent (90%). This percentage shall then be applied to the actual current total contract cost to determine the amount of security that may be reduced upon request of developer. The remaining security, five percent (5%) for projects of $400,000 or greater and ten percent (10%) for A-5 offiCNG��TIO�G?DD An'• a 1 . If the City participates in the cost of the facilities, the construction contract must be advertised, bid and awarded in accordance with State statutes prescribing the requirements for the letting of contracts for the construction of public work. This includes advertising in a local newspaper at least twice in one or more newspapers of general circulation in the county or counties in which the work is to be performed. The second publication must be on or before the tenth (10th) day before the first date bids may be submitted. The bids must be opened by an officer or employee of the City at or in an office of the City. 2. To employ a construction contractor, who is approved by the Director of the Department having jurisdiction over the facility to be so constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public right of way. 3. To require the contractor to furnish to the City payment, performance and maintenance bonds in the names of the City and the developer for one hundred percent (100%) of the contract price of the facility, said bonds to be furnished before work is commence. Developer further shall require the contractor to provide public liability insurance in the amounts required by the City's specifications covering that particular work. 4. To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any paving, sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. 5. To secure approval by the Director of the Department having jurisdiction A-7 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 City �� �1 4MW MW 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 caused, in whole or in part, by the negligence of officers, agents, or employees of the City. 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 of 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 caused, in whole or in part, by the negligence of officers, agents, or employees of the City. C � ;G��l ...r M, 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 G'JGl@ 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 executed this instrument in quadruplicate, at Fort Worth, Texas this the �8'" ay of � , �AadoQ APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: Gary J. Stei berger Hugo-IM' ugo Malanga, Director Assistant City Attorney Transportation and Public Works 9. ATTEST: CITY OF FORT WORTH, TEXAS f PA �'& By: , G -oris- Pears "a� l Mike Groomer City Secret y Assistant City Manager e - 1,80E . Contract Authorization -9D "00 DEVELOPER: � Date MlurA yevelogmentXc. By,: // - . �/// -///- , - ry Reagan, Vice ent 11"FC00 9 � POfNT a v011YH � E qq � D VEATHERF RD y GATE D7, 7 s ai 0.D VEAT/ERFCR CNAP r0 , ct 7 Site SANTA ARA ANTA NI > RICHLAND R[ D A C• P Oa PNT •k v FA y�5 IS+ 0 7 uCHAPIN Y CHAPW ADY �r VCRTM 0 Loft Crr* F Gdf 0Ab 0 N R VIEV sk,gvg MIS VICINITY MAP LITTL-E CHAPEL CREEK ADDITION PHASE 2 pO� @ G�tl 0 Gi DUNAIf►Y JAMOCILANNMtlTL— UR C I J ExCDfLSR9 — PLANNF3t9 — svRVEIrORs TORT 1RORM, TEUS 0 00 �JV�:I�,ILII II UDWo 3. STREET LIGHTING a. The Developer shall provide for the installation of streetlights by the City forces at the approximate locations shown in Exhibit C, immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. b. Streetlights on residential and / or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. c. Streetlights on arterial streets shall be installed with underground conduit and conductors. d. The Developer shall provide for the installation of a 1'/4 inch schedule 40 PVC conduit at the depth not less than 30 inches and at least 18 inch behind the curb, "clear from all other utilities". e. The Developer shall provide for the installation of a 11/ 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 uF�e G� °�,� '����G1D r 6 ��E(GG?M GAY ydr II�C?��Up ��ltio --- j _ zk i- . rb �� 1 r S if J 4 I b w ad Id LU Lu w I ! h b r _ L p b 1 b _ O _ R J� �FFcc EEC 0 r 1 W�OOPPVAIa FT. . 'law, 4 < Ul Lq b-4 04 L14 k W 4 C-Q C x L VIES it I� �� _ _ „ a R as Uri ;htmll ky R wz),J�711 H, 71 COMPLETION AGREEMENT This completion Agreement(hereinafter called"Agreement")is made and entered into by and among the City of Fort Worth(hereinafter called the"City"),McClure Development,Inc.(hereinafter called tl�e"Developer"),and First National Bank of Texas(hereinafter called the"Lender"),effective as of 200, . The City, the Developer, and the Lender are hereinafter collectively called 1he "Parties". WITNESSETH: WHEREAS the Developer owns that certain Tract of real property that contains approximately 27 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 Little Chapel Creek Addition, Phase H, and; WHEREAS,the Developer intends to develop Little Chapel Creek Addition,Phase H,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 Little Chapel Creek Addition,Phase II(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 Little Chapel Creek Addition, Phase H(hereinafter 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 Little Chapel Creek Addition, Phase R(hereinafter collectively called the "Plans"); and WHEREAS,the Parties desire to set forth the terms and conditions of such accommodations as are described above. 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,correw1rN nstitute the basis for this Agreement and they are incorporated into this Agr mlp 9812505_CompAgr_00-0125_JWM.doc Page 1 2. The Cotnoietion Amount. The City and the Developer agree that the Hard Costs required to complete the Community Facilities in the aggregate should not exceed the sum of one Million Five Hundred Thousand and No /100Dollars (� )(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 Little Chapel Creek Addition,Phase II 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 Little Chapel Creek Addition,Phase II(hereinafter called the"Loan'D 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 the portion of such Approved Budget relating to hard costs being attached hereto and incorporated herein for all purposes. The term "Hard Costs" shall mean the actual costs of construction and installation of the Community Facilities.To the extent that advances 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. To keep the City advised of Hard Costs, the Developer shall promptly deliver to the City those portions of all draw requests delivered to the Lender which contain requests for the payment of Hard Costs and such draw requests shall itemize Hard Costs in such form and detail as shall be reasonable 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 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 writin g Lender that it objects to such advancement of Hard Costs within three(3)business days of the receipt of 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 by such period of time. Sol 2So5_CanW4;r_MO%29_JWMooc Page 2 f'C c L Y � EWa AO� lowft 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 "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 called the"Loan Documents"). For the purposes of this Agreement, the development of Little Chapel Creek Addition, Phase II shall be deemed complete upon acceptance by the City of the Community Facilities. The City shall promptly notify the Lender and the Developer upon such acceptance. 5. Completion by the City. In the event that either: (A)the development of Little Chapel Creek Addition,Phase II 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 reasonable timely, diligent and workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Community Facilities. Prior to the commencement of any work by the City, the City shall provide evidence of insurance reasonably required by the Lender naming the Lender and the Developer as additional insureds. 6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral to the City. Upon the occurrence of either event described in paragraph 5 above, if the City elects within ten (10) business days of the Completion Date or notice from the Lender, as the case may be, to complete the construction of the Community Facilities, the Lender shall thereafter advance to the City any remaining undisbursed Hard Costs specified in the Approved Budget relating to the Loan that are incurred by the City in completing the Community Facilities in an aggregate sum not to exceed the Completion Amount, as adjusted, by funding monthly draws to the City as described herein. The Developer hereby authorizes and instructs the Lender to make periodic advances of any remaining undisbursed Hard Costs specified in the Approved Budget not to exceed the Completion Amount in increments paid to the City within the same time period specified in the Loan Documents after receipt of advance requests meeting the requirements of the Loan Documents from the City of the Hard Costs remaining to be drawn under the Loan as specified in the Approved Budget incurred by it and approved by the Lender, subject to retainage. The advance requests from the City shall be made not more frequently than monthly (save and except for final payment) and shall be accompanied by reasonably acceptable evidence of the Hard Costs specified in the Approved Budget that have been incurred by the City. The City shall use the funds advance for the payment of such Hard Costs as are described in the advance request, and if the City fails to do so, the Lender's obligation to fund additional advances shall thereafter be terminated and of no continuing force and/or effect. The City shall provide mechanic's and 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. All advances made by the Lender to the City or to any supplier or contractor shall be deemed to be an advance by the Lender to the ORCAccCCA IIc��C�ur'OM 9812505_CompAgr_00-0125_JWM.doc ' ( ,1�JuR 4 :a Page 3 AMMMMk ..� Developer under the Loan and shall be repayable by the Developer to the Lender pursuant to the terms of the Loan Documents. 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 or by applicable law. 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 date which is six (6) months after the Completion Date 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 Little Chapel Creek Addition,Phase II and shall execute and deliver such temporary easements over and across the entire Little Chapel Creek Addition, Phase II 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 obligation of the Developer under the Loan Documents. 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 City with respect to payment and performance bonds or other requirements for security in connection with the development of Little Chapel Creek Addition, Phase II 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; or(C) the reduction of the Completion Amount to zero. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of Little Chapel Creek Addition, Phase II 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 Develo all Hard Costs 9812505_CompAgr_00-0125_JWM.doc ���0 ° Page 4 i•. ,..� contractors,the City shall immediately proceed with the tasks required to file the final plat of Little Chapel Creek Addition, Phase H. 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 Little Chapel Creek Addition, Phase H 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 Little Chapel Creek Addition, Phase II; 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. 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: 1. Notice to the City shall be addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Pat Flusche, P.E., Development Engineer Telecopy Number: (8 17) 871-8092 Confirmation Number: (817) 871-8701 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 zl �j 1, -,'�H M. Page 5 9812505_compAgr_00-0125_JWM.doc �uo Telecopy Number: (817) 871-8359 Confirmation Number: (871) 871-7600 2. Notice to the Developer shall be addressed and delivered as follows: McClure Development, Inc. 300 South Wisteria Mansfield, Texas 76063 Attention: Mery Reagan, Vice President Telecopy Number: (817) 477-1250 Confirmation Number: (817) 473-8415 3. Notice to the Lender shall be addressed and delivered as follows: First National Bank of Texas 851 Winscott P.O. Box 26919 Fort Worth, Texas 76126 Attention: Tammi Cauthen, Branch President Telecopy Number: (817) 249-1913 Confirmation Number: (817) 249-6500 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 be 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- rr1 among the H,, PTY H °' 'SPY 9812505_CompAgr_00-0125_JWM.doc R woo rIIN ,Ell Page 6 r Oak 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 this 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. Executed by the Parties to be effective as of the date first st d above. APPROVED AS TO FORM AND LEGALITY CITY O ORT H By: Name: Gar S,tein�berger By: Title: ASSISStant CRY - McCLURE DEVELOPMENT, INC. Byioug McCI resident FIRST NATIONAL BANK OF TEXAS By: Tammi Cauthen Branch President Coy���� c} �a►}tip 9812505_CompAgr_00-0125_JWM.doc � l 9 V 5t.4 Page 7 .v-- ..ok J. DOUG MCCLURE and MERV REAGAN,the Guarantors of the Development Loan,are executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan which shall be subject to and covered by the Loan Documents and the Guarantee Agreements that were executed by J. Doug McClure and Mery Reagan. oug McClur X�Relagan CCDD dI�s PEI.�'G1 Rfl`- ?` °Ful r., yeJ a � 9e12505_compAgr_00-0125_JwM.aoc Page 8 LIST OF EXHIBITS TO THE COMPLETION AGREEMENT BY AND AMONG THE CITY OF FORT WORTH, MCCLURE DEVELOPMENT, INC. AND FIRST NATIONAL BANK OF TEXAS EXHIBIT A-- LEGAL DESCRIPTION EXHIBIT B -- APPROVED BUDGET oj V 9812505_CornpApr_00-0125 JWM.doc Page 9 EXHIBIT A LEGAL DESCRIPTION WHEREAS, McClure Development, being the owner of the following described property to wit: BEING a 27.125 acre tract of land situated in the C. K. Gleason Survey,Abstract No. 559,of Tarrant County,Texas, and being a portion of a tract of land conveyed to Chapel Creek Limited Partnership and recorded in Volume 11029,Page 1159,Deed Records,Tarrant County,Texas,said 27.125 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron pin found in the west right-of-way line of Chapel Creek Boulevard (a variable width public right-of-way), said point also being the northeast corner of Lot 1,Block 5,of Little Chapel Creek Addition, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 4681, Plat Records, Tarrant County,Texas; THENCE North 88'56' 10" West,along the north property line of said Little Chapel Creek Addition, a distance of 509.54 feet to a 5/8" iron pin found; THENCE North 87° 35' 50" West, continuing along the north property line of said Little Chapel Creek Addition, a distance of 47.92 feet to a 5/8" iron pin found; THENCE North 81° 58' 07" West, continuing along the north property line of said Little Chapel Creek Addition, a distance of 228.87 feet to a 5/8" iron pin found; THENCE North 78° 55' 31" West, continuing along the north property line of said Little Chapel Creek Addition, a distance of 50.00 feet to a 5/8" iron pin found; THENCE North 78° 09' 20" West, continuing along the north property line of said Little Chapel Creek Addition, a distance of 145.00 feet to a 5/8" iron pin found at the northwest corner of said Little Chapel Creek Addition; THENCE South I V 50'40"West,along the west property line of said Little Chapel Creek Addition, a distance of 627.52 feet to a 5/8" iron pin found; THENCE South 51° 14' 16" West, continuing along the west property line of said Little Chapel Creek Addition, a distance of 226.57 feet to a 5/8" iron pin found at the southwest corner of said Little Chapel Creek Addition; THENCE North 76°49'32" West, a distance of 583.97 feet to a 5/8" iron pin set at the beginning of a non-tangent curve to the left having a radius of 714.94 feet and a central angle of 13°58' 54" and a chord which bears North 30° 34' 36" West, a distance of 174.03 feet; THENCE along the arc of said non-tangent curve to the left, a distance of 174.46 feet to a 5/8" iron pin set; 9812505_ConVAgr_00-0125_JWM.doc Page 1 of r THENCE North 11°50'40" East,a distance of 994.54 feet to a 5/8" iron pin set in the south right-of- way line of Meadow Gate Drive (a variable width public right-of-way), said point also being the beginning of a non-tangent curve to the right having a radius of 4,034.00 feet and a central angle of 18° 37' 23" and a chord which bears South 77° 58' 37" East, a distance of 1,305.42 feet; THENCE along the arc of said non-tangent curve to the right and the south right-of-way line of said Meadow Gate Drive, a distance of 1,311.18 feet to a 5/8" iron pin found; THENCE South 86'01'24"East,continuing along the south right-of-way line of said Meadow Gate Drive, a distance of 150.28 feet to a 5/8" iron pin found; THENCE South 88°56' 10"East,continuing along the south right-of-way line of said Meadow Gate Drive,a distance of 290.65 feet to a 1/2" iron pin found at the northerly end of a right-of-way corner clip; THENCE South 45°0 F39"East,along said corner clip,a distance of 28.37 feet to a 5/8"iron pin set in the west right-of-way line of said Chapel Creek Boulevard; THENCE South 00°49'29"West,along said west right-of-way line of said Chapel Creek Boulevard, a distance of 275.32 feet to the POINT OF BEGINNING and containing 1,181,552 square feet or 27.125 acres of land, more or less. W Ell W Q-11 4812505_CorMAgr_00-0125_JWM.doc Page 2 of 2 �.�. AVOW EXHIBIT B SECTION I Water $ 165,433.00 Sewer $ 146,486.25 Storm Drains $ 50,747.00 Construction Inspection 2% $ 7,253.33 Subtotal $ 369,919.58 SECTION II Interior Streets $ 471,660.70 Construction Inspection 2% $ 9,433.22 Subtotal $ 481,093.92 SECTION III Street Lights $ 37,400.00 Design $ 0.00 Subtotal $ 37,400.00 Section IV Street Signs $ 880.00 TOTAL S 889,293.50 * Based on actual contracts with Larry H. Jackson Construction and Gilco Construction Tic= ixvr RUM Ey pr�i�,_ G�o 9812505_CompAgr_00-0125_JWM.doc Page I of 1 f City of Fort Worth, Texas "Afar And council Communication bp DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 C-18052 20LURE 1 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH MCCLURE DEVELOPMENT FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR CONSTRUCTION OF MEADOW GATE DRIVE TO SERVE THE LITTLE CHAPEL CREEK ADDITION, PHASE 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with McClure Development for the installation of community facilities for construction of Meadow Gate Drive to serve the Little Chapel Creek Addition, Phase 2. DISCUSSION: McClure Development, the developer of Little Chapel Creek Addition, Phase 2, has executed a proposed contract for community facilities to serve a single-family (222 lots) development located in west Fort Worth, north of 1-30 and west of Chapel Creek Road (see attached map). This development is located in COUNCIL DISTRICT 7. The proposed Community Facilities Agreement is in compliance with standard City Policy. The City will share in the cost of constructing Meadow Gate Drive. Meadow Gate Boulevard is proposed to be constructed as a double 27-foot roadway on a 68-foot right- of-way. Sidewalks will be constructed along Meadow Gate Drive. Participation on arterial streets along residential zoning for a double 27-foot width divided roadway is based on the developer being responsible for 20 feet and the City being responsible for 7 feet. The developer's share is $74,962 plus $1,500 for construction inspection fees. The City's estimated participation for 7 feet on both sides of the street is $23,175 plus construction inspection and engineering fees. The developer adjacent to the north half of Meadow Gate Drive had previously deposited $61,866 for its share of the cost for 1,148 linear feet of 20-foot wide pavement. The developer's estimated cost for storm drain is $3,537 plus $70 for construction inspection fees. The City's participation for storm drain is $3,537 plus construction inspection and engineering fees. Six street lights will be installed at the following intersections at a cost to the developer of$57,200: • Yorba Linda Drive and Ranch Grande Drive • Yorba Linda Drive and Meadow Gate Drive • Ensenada Lane and Meadow Gate Drive • Ensenada Lane and Nogales Drive • Ensenada Lane and Concina Way • Meadow Gate Drive and Concina Way Street lights will also be installed at Rancho Grande Lane (2), Nogales Drive (3), Ensenada Lane (3), Concina Way (2) and Eureka Springs Court (1). City of Fort Worth, Texas qV01yor AndC ouncit Communication DATE REFERENCE NUMBER I LOG NAME PAGE 5130100 C-18052 20LURE 2 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH MCCLURE DEVELOPMENT FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR CONSTRUCTION OF MEADOW GATE DRIVE TO SERVE THE LITTLE CHAPEL CREEK ADDITION, PHASE 2 In addition, nine street lights will be installed on Meadow Gate Drive . Street signs were included under the informal community facilities agreement for Little Chapel Creek Addition, Phase 2. Total project cost for this development is $229,346; the developer's participation is $189,235; with total City participation of$40,111.00. PLAN COMMISSION APPROVAL On May 25, 1998, the Plan Commission approved preliminary plat (PP98028). The final plat has been submitted to staff for review. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 C"t COUNCIL Originating Department Head: MAY 30 2000 Hugo Malanga 7801 (from) C115 541200 020115136302 $26,712.00 , Additional Information Contact: C115 531200 020115136302 $ 1,603.00 6'ity Secretary of t?sr. C115 541200 020115095216 $11,796.00 eiM 01 For:�tfcrrtk ` Hugo Malanga 7801