Loading...
HomeMy WebLinkAboutContract 19100 CITY SECRETA� CONTRACT NO �.i-Y NORTHSIDE II TRANSMISSION MAIN PHASE II, SECTION 3 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § § COUNTY OF TARRANT § WHEREAS, Hillwood Construction Corporation, hereinafter called "Developer", desires to make certain improvements to Hillwood Addition, an addition to the City of Fort Worth, Texas; and WHEREAS, the Developer has requested the City of Fort Worth, a municipal corporation of Denton and Tarrant Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. ►'M-D N1✓Nar Po NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:. That said Developer, acting herein by and through , its duly au orize President, and the City, acting herein by and through David A. Ivory, its duly authorized City Manager, for and in consideration of the covenants and agreements herein performed and to be performed, do hereby covenant and agree as follows, to-wit: OFFICIAL RECORD CITY SECRETARY - - FT. WORTH, TEX. SECTION I NORTHSIDE II TRANSMISSION MAIN PHASE II, SECTION 3 WATER AND/OR SANITARY SEWER FACILITIES A. The City agrees to install, by contract or otherwise, or 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 Policies and Regulations for Installation of Community Facilities, all as current at the time of installation. WATER FACILITIES shown on the attached Exhibit A in accordance with plans and specifications to be prepared by the Engineering Division of the Water Department or by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to install, at the Developer's 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 $ Zero 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, is estimated to be ONE MILLION FIVE HUNDRED FOURTEEN THOUSAND SEVENTY-EIGHT AND NO/100THS DOLLARS ($1,514,078) . The cost estimate for the water facilities is as follows: 2 ESTIMATED ESTIMATED CITY COST DEVELOPER'S COST TOTAL COST ON SITE 36-INCH MAIN ADJACENT TO SINGLE FAMILY AND PARK $359, 280 $209, 825 $ 569, 105 ON SITE 36-INCH WATER MAIN TO NON SINGLE FAMILY $288,781 $184,445 $ 473,226 OFF SITE 36-INCH WATER MAIN $ 77, 392 $ 69,750 $ 147, 142 FRONTAGE ON PARK FOR 36-INCH WATER MAIN $ 10, 353 $ -0- $ 10,353 ENGINEERING S -0- $314 . 252 S 314.252 TOTAL $735,806 $778, 272 $1,514, 078 D. Prior to the award of the construction contract by the City or the commencing of any work by the City or its contractors, if the Developer does not award his own contract, the Developer agrees to pledge to the City: 1. (a) One hundred percent (100%) of the cost of all water and sanitary sewer facilities within the development exclusive of engineering and service costs, through the 8-inch size, including the costs of larger sized facilities adjusted to 8-inch size costs; and (b) One hundred percent (100%) of the cost of all approach water main facilities outside the limits of the development through the 16-inch size, including the costs of larger sized facilities adjusted to 16-inch size costs. 2. An additional ten percent (10%) of the total of the Developer's cost of these water and sanitary sewer facilities, exclusive of cost of service lines, for design engineering, if such engineering is performed by the City. This charge will be waived if private engineers employed by the Developer and approved by the Water Department perform the design engineering. 3. One hundred percent (100%) of the cost of all service lines, estimated under Paragraphs I-B and I-D above, in accordance with the provisions of the current Fort Worth City Code. 3 - 4. One hundred percent (100%) of the Developer's cost shall be pledged to the City prior to issuance of work order. 5. Partial Payment Provisions: For all contracts awarded by the City, the Developer shall pay its share of the cost to the City on a pro rata basis concurrently with partial payments made by the City under such contracts. The Developer shall pay a fraction of each partial payment, the numerator of which fraction is the Developer's share of the cost under the applicable contract and the denominator of which is the total contract cost. Notwithstanding the foregoing, the final payment under each applicable contract will be shared by the City and the Developer in a ratio that will accomplish the cost sharing set forth in Appendix W . 6. Security Provisions: The Developer shall have the right to secure its performance under a Developer awarded contract, or its participation under a City-awarded contract, through the pledging of securities as provided in the Pledge Agreement attached hereto as Addendum No. 1. E. The special cost distribution provisions shown on Appendix A shall be in lieu of, shall supersede, and shall prevail over any of the standard cost distribution provisions which may be in conflict herewith. F. The above charges do not include any "per connection" charges for connection to existing or proposed mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Sub-Paragraph (3) , IV-7 of the Policies and Regulations for "INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972. These additional charges are as follows: Not applicable to this Contract Applicable to this Contract in the amount of $ by Ordinance No. dated 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 related curb and gutter work on the water facilities project site, at a cost of $70/$135 per contract-installed service, such meter box installation charge to be due and payable prior to issuance of a Work Order on the water facilities i ��, ation f. contract. The above charges do not apply if th veloper ` elects to include meter box installation as p of the - 4 - FT. WORTH, TEX. 1 contract. However, meter boxes must conform to City standards. G. Within a reasonable time after completion of the above referenced facilities to be constructed by the City or by contract awarded by the City or by the Developer, the City and Developer agree to an adjustment of the Developer's payment as set out in Appendix A so as to conform said payment to actual construction costs, but based on actual quantities as reflected in the final estimate paid to the Contractor by the City or by the Developer, and/or in the event any portion of the facilities are installed by City forces, based on the actual records of cost kept by the City as a part of its customary procedures. H. Work hereunder shall be completed within three (3) years from the 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 three (3) years from the date hereof, except for refunds due from "per connection charges" on sanitary sewers and from "front foot charges" or User Refunds on water mains as defined in CFA CONTRACT NO. 16434, dated May 24, 1988, all of which charges and refunds may continue to be made for a period of twenty (20) years after the date hereof, as elsewhere provided herein. It is understood that the Developer will initiate the construction of all improvements to conform to his own schedule. I. 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 or by changes in the scope of the project initiated by the Developer, and shall not include any change in the scope of the project initiated by the City. Recommended: Richard W. Sawey, Director Water Department Date: - 5 - SECTION V NORTHSIDE II TRANSMISSION MAIN PHASE II, SECTION 3 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 facilities 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 ten percent (10%) of the final construction cost of such project. C. In the event the Developer employs his own engineer to prepare plans and specifications for any or all facilities, 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 Public Works Director, Transportation 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 thereof. E. The life of this agreement shall be three (3) years, and it is understood that any obligation on the part of the City to make any refunds hereunder shall cease upon the expiration of three (3) years from the date of execution of this agreement, except for refunds due from "per connection charges" on sanitary sewer and from "front foot charges" and User Refunds on water mains, all of which refunds and charges may continue to be made for a period of twenty (20) years. Community Facilities Agreements not completed within three (3) years will require renewal in compliance with the policies in effect at that time. The Developer must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal agreements. 6 - In addition to a refund from "front foot charges", if any, on water mains, the Developer is also entitled to receive user refunds ("User Refunds") as users commence service by tapping into the water improvements (the "Water Improvements") installed pursuant to this agreement. A User Refund will be payable to the Developer for each platted development (a "Development") that taps into the Water Improvements. The User Refund for each Development shall be an amount equal to fifteen percent (15%) of the City's then-existing front foot charge multiplied times the front footage (as defined in the City's Policy for the Installation of Community Facilities) of the platted property. The User Refund for each Development will be payable to Developer pro rata on a front foot basis when users in the Development tap into the Water Improvements until 50% of the Development (determined on a front foot basis) has tapped into the Water Improvements, at which time the balance of the User Refund for the Development will be payable to Developer. The balance of the User Refund shall be an amount equal to fifteen percent (15%) of the then existing City front foot charge multiplied times the front footage (as defined above) of platted property in the Development for which a User Refund has not been paid. User Refunds will be payable on an annual basis for the previous year upon written request of the Developer, and such request may cover periods in excess of one year. The City will hold unrefunded User Refunds for one additional year. If the Developer does not request User Refunds in writing at the end of the additional year, such refunds will be forfeited to the City. In addition, for a period of 20 years, Developer shall receive "On Site Credits" which may, together with "Front Foot Refunds" and "User Refunds", permit the Developer to recover 100% of the cost of the water facilities installed pursuant to this agreement, as such terms are defined in Contract No. 16435 filed with the Fort Worth City Secretary. F. Performance and payment bonds, certificates of deposit, irrevocable letters of credit, cash deposit, or other security acceptable to the City, are required for streets, storm drains, and street lights and must be submitted prior to the execution of the contract for installation of community facilities by the City. The bonds should be standard performance and payment bonds provided by a licensed surety company (on forms provided by that surety company) ; a cash deposit may be made into the Treasury of the City; a certificate of deposit or irrevocable letter of credit may be from any financial institution in the Fort Worth/Dallas Metroplex which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; or other security in any form that is acceptable to the City. The City cannot pay interest on any deposit made hereunder in the Treasury of the City. 7 - 1. When the option is exercised to provide a cash deposit, the following terms and conditions shall apply: (a) The Developer shall execute four (4) copies of a letter assigning the deposit to the City and providing for the City to withdraw the deposit if necessary to complete construction or on account of any default by the Developer of any terms or conditions contained in this agreement. Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities, the City shall reassign the deposit to the Developer, including accrued interest or dividends thereon, upon express order of the City Manager. 2 . When the option is exercised to provide a certificate of deposit in a financial institution, the following terms and conditions shall apply: (a) The Developer shall execute four (4) copies of the letters assigning the deposit to the City. Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities, the City shall reassign the deposit to the Developer, including accrued interest or dividends thereon, upon express order of the City Manager. 3. When the option is exercised to provide an irrevocable letter of credit from an authorized financial institution, the form of the letter shall be approved by the Department of Law. The international letter of credit form used by banks is normally acceptable. 4. Performance and payment bonds, certificates of deposit, letters of credit, cash deposits, or other security acceptable to the City will be furnished in the amount as required below: (a) 100 percent of the estimated Developer's share of the cost of the storm drain. (b) 100 percent of the estimated Developer's share of the cost of the streets. (c) 100 percent of the estimated Developer's share of the cost of the street lights. 8 - (d) A cash deposit, performance and payment bonds or letter of credit acceptable to the City for the estimated Developer's cost of paving a border street on an assessment basis (Reference Section VI, Item 3, Development Procedures Manual) . 5. For construction of water and/or sanitary sewer facilities, a certificate of deposit, irrevocable letter of credit, cash deposit (providing for partial drawings) , or other security acceptable to the City shall be furnished to the City as set out below: (a) Where the Developer lets the contract, 100 percent of the estimated Developer's share of the contract cost of construction, as stated in the construction contract, is required simultaneous with execution of the construction contract; or (b) where the City lets the contract, 100 percent of the Developer's share of the construction contract cost is required to be pledged prior to issuance of a work order by the City. 6. (a) Performance and payment bonds, letters of credit, certificates of deposit, cash deposits, and other forms of security 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) The Developer shall keep said performance and payment bonds, letters of credit, certificates of deposit, cash deposits or other security in full force and effect until such time as the Developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a breach of this agreement. In this connection, all letters of credit furnished hereunder shall be renewed annually in the amounts designated by the City, and the renewed letter of credit shall be delivered to the City on or before the tenth (10th) day prior to the date of expiration of the then existing letter of credit. If Developer fails to deliver the renewed letter of - 9 - credit to the City within the time prescribed herein, such failure shall constitute a breach of this agreement and shall be a basis for the City to draw on all or any portion of the then existing letter of credit. 7. Notwithstanding anything in the Pledge Agreement (attached hereto as Addendum No. 1) to the contrary, prior to the award of any contract for (or at any time during construction of) improvements covered by this agreement, the amount of the Initial Security (as defined in the Pledge Agreement) shall be increased to reflect any increase in the estimated total Developer's cost shown on Appendix A attached hereto. G. This Agreement may be assigned by the Developer, without the written consent of the City, to any person or entity that agrees in writing to assume all liabilities and obligations of the Developer hereunder, to furnish the security in the form required hereunder to guarantee performance under this agreement, and to be bound by all terms and conditions hereof,and from and after such assignment, the Developer shall be released from all such liabilities and obligations, and the Pledged Collateral (as defined in Addendum No. 1 hereto) shall immediately be returned to the Developer. The Developer shall also have the right, in connection with any assignment of this agreement, to further assign, without the written consent of the City, the Developer's right to any refunds due or to become due to the Developer hereunder; provided, however, no partial refunds are permitted. H. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to follow the following procedures: 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 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 constructed, said contra or to meet City's requirements for being insured, li epsed, and - 10 - FT. W02 1111'Nil ��� I bonded to do work in public streets, and to be qualified in all respects to bid on public projects of a similar nature. 3. To require the contractor to furnish to the City payment, performance and maintenance bonds in the name of the City for 100 percent of the contract price of the facility, said bonds to be furnished before work is commenced. To further require the contractor to provide for public liability insurance. 4. To give 48 hours notice to the department having jurisdiction of intent to commence construction of the facility so that 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 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 of any and all partial and final payments to the Contractor, said approval is made, in accordance with the 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 agreement 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, that in the event the Developer elects to award one single construction contract for any improvements covered by this agreement,such 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. 8. To comply with all requirements concerning improvements set forth in this agreement, including, but not limited to, any person, firm, corporation, or other entity with whom the Developer has a direct contractual relationship of the performance of the work hereunder. - 11 - I. Anything to the contrary herein notwithstanding, for and in consideration of the promises and 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, its contractor, or by the Developer's 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 so 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, its contractor, or by the Developer's contractor, the Developer covenants and agrees to deliver to the City security acceptable to the City, in accordance with the provisions of Paragraph V-F hereof. 3. In addition to the security required in the preceding paragraph, in the event the Developer elects that the work be performed by the City, or its contractor, or such election is presumed as provided above, the Developer covenants and agrees to pledge to the City his share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in this agreement based upon the lowest responsible bid for such work as determined by City, or upon a cost estimate prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the project. Such estimated payment shall be made in accordance with the partial payment provisions set forth in Paragraph F-5, Section I of this agreement. 4. In the event the Developer awards his own construction contracts, the Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless, and defend the City, its officers, agents, and employees from all 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 any way connected with, this agreement or the construction of the improvements or facilities described herein; and in addition, the Developer covenants to indemnify, hold 12 - harmless, and defend the City, its officers, agents, and employees from and against all claims, suits, or causes of 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 on account of any act, intentional or otherwise, neglect, or misconduct of the Developer, its contractors, subcontractors, agents, or employees. The indemnity obligations of the Developer contained in this Paragraph V-I.4 shall not apply to any injuries or damages that result from any act or omission which occurs after the facilities which resulted in such injuries or damages are completed and accepted by the City; provided, however, nothing herein shall be deemed to relieve the Developer or its engineer from the obligations set forth in Section II.A. 12 of this agreement with respect to engineering designs, plans, and specifications prepared by the Developer or its engineer. 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) , sec, or age, unless sex or age is a bonafide occupational qualification. The Developer further covenants and agrees that no labor organization, subcontractor, or employment agency, either furnishing or referring applicants to such Developer, nor any agent of the Developer is discriminating against any individual involving employment as prohibited by the terms of such Ordinance No. 7278 (as amended by Ordinance No. 7400) . WOO,- J. OurJ. The attached Exhibit A and A 1, Appendix A, and Addendum No. 1 are made a part hereof for all intents and purposes. K. Venue of any action brought hereafter 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 January 7, 1986, as amended from time to time, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said policy as a condition to this agreement to the extent it does not conflict with this agreement. M. In the event the City awards the construction contract for any improvements covered by this agreement, the Developer shall be relieved of all duties, obligations, and liabilities arising under this agreement that relate to or arise in connection with activities that either the City or its contractor - 13 performs, directs, supervises, controls, or is otherwise responsible for; provided, however, nothing herein shall be deemed to relieve the Developer or its engineer from the obligations set forth in Section II.A. 12 of this agreement with respect to engineering designs, plans, and specifications prepared by the Developer or its engineer. N. In the event the Developer fails to perform its obligations under this agreement, the City's sole and exclusive remedy shall be to terminate the Developer's right to perform such obligations and to award a contract to complete such obligations. The City shall not be obligated to make any refunds due to the Developer on any facilities constructed under this agreement until all provisions of this agreement are fulfilled. Such action by the City shall not affect the City's obligation to pay the aggregate sum set forth on Appendix A. Neither shall such action by the City affect the Developer's obligation to pay the aggregate sum set forth on Appendix A. Neither shall such action by the City affect the Developer's obligation to pay the amount by which the total actual design, engineering, and construction costs for all improvements set forth on Appendix A exceed the City's aggregate obligation. The remedy limitation set forth in this Paragraph V.N. shall not prevent the City from withholding building permits, final clearances, or occupancy permits (or the adoption of appropriate resolutions regarding such failures for filing in the plat records of the appropriate county) in the event the Developer's failure to perform its obligations under this agreement also constitutes a failure by the Developer to comply with the City's Subdivision Ordinance, as amended from time to time. O. Right-of-way costs for easements necessary to construct the water facilities described in this agreement shall be shared equally by the City and the Developer. If requested by the Developer, the City will exercise its powers of eminent domain to acquire such easements. The Developer shall dedicate to the City all required easements located on the Developer's property. - 14 - 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 executed49t instrument i tiadruplicate, at F rt Worth, Texas this the day of �- , 1g9x ATTEST: CITY OF FOR WOR'.P , EXAS '0' 0 AJ hwLL/ By: David A. Ivory City Secretary City Manager APPROVED AS TO FORM -MIB HILLWOOD CONSTRUCTION CORPORATION t 04 By: lliam W. Woo Deputy City Attorney Vtzt President Date: � C�� Coatlact Luthorization / � v � 1Z2-2 Date proj\cntrt\89042301.C1 OFF144L RECORD - 15 - CrN SECRITARY APPENDIX A SPECIAL COST DISTRIBUTION PROVISIONS Cost Sharing Estimated Estimated Estimated Ratio Developer City Total Cost Cost Cost City Dev. WATER CONSTRUCTION $464, 020 $735,806 $1, 199,826 61% 39% WATER ENGINEERING $314, 252 -0- $ 314, 252 -0- 100% ESTIMATED ESTIMATED ESTIMATED DEVELOPER CITY TOTAL TOTAL TOTAL COST ALL IMPROVEMENTS $778,292 $735,806 $1,514, 078 49% 51% - 16 - 0 00 roo ...o 6AAA..0 SCA,[ .w FEL:' I I � II I I II II OWNER � I I I M I LLWOOD/2300,LM II Ii V.9409, P.1401 II II � I I I Ii + II I °E' ZONING l � jl it M I i i AIR 8 VACUUM RELEASE VALVE i j i I I l HILLWOOD BLVD, a I W 3 6"" z - of - - J 12" E' ZONING a j I I I NOTE: FOR INTERCHANGE DETAIL SEE EXHIBIT 'S-Z' ' 1 j I LEGEND I I I I I I I PROPOSED WATER LINE PROPOSED GATE VALVE PROPOSED FIRE HYDRANT BY OTHERS I I I ---W--- EXISTING WATER LINE EXISTING GATE VALVE I I li II II II II II ° 08 c v 'C KEY PLAN HILLWOOD BOULEVARD INQUDING INTERCHANGE AT 1-35W AND NORTHSIDE II TRANSMISSION MAIN PHASE II, SECTION 3 EXHIBIT 'A' CARTER 6 BURGESSfjNC. WATER E►(II.EFI{•►EMtiE�3-SU� Es'Of3 s..cow s.nE. �, .o.n. ia•E �� PROJ. NO.89042301E o .00 roo goo .qo GA./-K SCA" w FEET MATCH 1—INE A � I I 1 � I > 1 J 'E' ZONING m 'E' ZONING .17o OWNER O LM OWNER HILLWOOD/2300,L HILLWOOD/2300,LM V.9409, P.1401 V.9409, P.1401 J J1 2 N. RIVERSIDE DR. O WNER 'E' ZONING HILLWOOD/2300,LM I V.9409, P.1401 I I 'E' ZONING 6"SLOW OFF VALVE OWNER O H 1 LLWOOD/2300,LTL! V.9409, P.1401 © �° KEY PLAN MATCH LINE B HILLWOOD BOULEVARD INCLUDING INTERCHANGE AT 1-35W AND NORTHSIDE II TRANSMISSION MAIN PHASE 11, SECTION 3 CARnR&BURGFSS,INC EXHIBIT 'A' _._"_- r.cir+eees-Ft.v+nen•wrveron cWATER �^+' ++ .mom— rt�ws `� PROD. NO. 89042301E M 0 .00 too .a 1` CH G"A-4 K5"14x 'CLT L� 20NINQ 8. tiE 9 ?ONlNQ 10 � I MJ 2"AIR RELIEF W I i 1 'A' ZONING (8.F.) A. ZONING (B.F.) OWNER N I LL.W000/2300,LM V.9409, P.1401 1 y OWNER = 1 1 N I LLW000/2300,LM i V.9409, P.1401 1 1 1 1 12" � A.0 Q Q 1 (PARK) ER' Z0141140 ',o Q QQ c jQQ MATCH SINE C KEY PLAN HILLWOOD BOULEVARD IMMUO1NG INTERCHANGE AT 1-35W Amo NORTHSIDE 11 TRANSMISSION MAIN PHASE 11, SECTION 3 'CARTER 6 BURGES,INC EXHIBIT 'A' =, frc,N,en•nwH»en�suvEroes WATER'r +.cow �mn roo,*c i..:'o••� �o MOJ. NO. 89042301E pn o :oo uo .oa WIAMK SCn.L w #ELT LANE C MA��N NG A P�KNG 1ON` l . a � / BLOWOFF VALVE s VAULT 0 M 00 � 0 > OWNER I N 1 LLW000/2300,LMf o" S. 'A' ZONING V.9409, P.1401 I (S.F.) OWNER f N1LLW000/2300,LM \` V.9409, P.1401 O 0 3 JI 1 'A' ZONING J (PARK) _ ' �A' ZONING (PARK) C BLOW OFF VALVE Q r lIq,4T. �+�® lN� KEY PLAN CH LINE 0 j HILLWOOD BOULEVARD y, INCLuo n INTERCHANGE AT 1-35`M Y AND NORTHSIDE II TRANSMISSION MAIN-- { PHASE 11, SECTION 3 —CARTER a SURCESS.INC. EXHIBIT 'A' e.e+r.fEn•Rw...En•wenrps PROd. NO. 89042301F WATER { O X00 200 100 Kq GUNK MATCH LINE E K NORTH BEACH 86 JOINT VENTURE V 9419, P I548 I �l II II II 1 COMB AIR 6 VACUUM I I RELEASE VALVE B VAULT OWNER I � N 1 LLWOOD/2500,LM I OWNER V.9409, P.1401 I ! N/LLWOOD12500,LM I V.9409, P.1401 II i 'A' ZONING I { (S.F.) I N I { II = uj HILLWOOD I i u m e. BLVD. U12'�'�_--_.___ i2,. it I 'E' ZONING 1 OWNER N 1 LLW000/2500,LM V.9409, P.1401 II HILLWOOD BOULEVARD INCLUDING INTERCHANGE AT 1-35W Q O [(DA AND NORTHSIDE If TRANSMISSION MAIN KEY PLAN PHASE II, SECTION 3 EXHIBIT 'A' WATER ereUi�ieu•n�wUenG�di� P'ROJ. NO. $9042301F • wo 00 »o wo Sip AfP36 f l 3 1 1 d rf� t « OWNER EDWARD H. /r1=ES AT,ETAL i V. 414t,P.i78 1 gl , 1 NORTH BEACH 88 JOINT VENTURE V. 9419,P.1548 I F I —�- BLOWOFF VALVE S VAULT 1 KEY PLAN r r HILLWOOD BOULEVARD Immuoluo INTERCHANGE AT 1-35W MATCH LINE E AMD NORTHSIDE II TRANSMISSION MAIN PHASE II, SECTION 3 EXHIBIT 'A' WATFA E" VdGwom.Ml"-*n. ••w+�e """' rllw. N0.•se" v Y�� off T�PP1A1 � ' r .fnrrr C P�.I�•4 IL 94 IOwe i qft _ •.t►WP MONTH ACMl1M MIL • [ � - - • is ti ro • P..wr�'� MPlTY MK rust .�o[T. .vP CITY 1 N•►ff O Gwi R nAP .K1PY 49m rw e, l RT ORT qjip, i ea s _ ,,•_ �� LOCATION MAP FOR HILLWOOD BOULEVARD PLEDGE AGREEMENT THIS PLEDGE AGREEMENT (the "Pledge Agreement") , entered into as of , 1992, by and among Hillwood Construction Corporation ("Developer") , the City of Fort Worth, Texas, a municipal corporation of Tarrant and Denton Counties, Texas ("Fort Worth") and NationsBank of Texas, N.A. , a national banking association ("NationsBank") . W I T N E S S E T H: WHEREAS, Developer and Fort Worth have entered into a Community Facilities Agreement for Northside II Transmission Main, Phase II, Section 3 (the "CFA") ; and WHEREAS, the CFA provides that Developer shall submit to Fort Worth performance and payment bonds, certificates of deposit, irrevocable letters of credit, cash deposits or other security acceptable to the City (collectively, the "Intended Security") for the purpose of guaranteeing satisfactory compliance by Developer with all requirements, terms, and conditions of the CFA (collectively, the "Secured Obligations") ; and WHEREAS, Developer and Fort Worth desire and agree that Developer be allowed to pledge Securities (as defined below) to Fort Worth, to be held by NationsBank as escrow agent, in lieu of and in complete satisfaction of the obligation to submit the Intended Security to secure the performance of the Secured Obligations; NOW THEREFORE, for and in consideration of the premises, ten dollars ($10.00) and other good and valuable consideration, the receipt, sufficiency, and adequacy of which are hereby acknowledged and confessed, the parties hereto hereby agree as follows: SECTION 1. DEFINED TERMS. For the purposes of this Pledge Agreement, unless the context otherwise clearly requires, the following terms shall have the following meanings: "Initial Security" shall mean the United States Treasury Bill (CUSIP No. 912794ZN7) , having an aggregate Market Value of not less than $464, 020, which sum represents 100 percent of the estimated Developer's share of the cost of constructing the improvements identified in the CFA. The Developer's share of the total cost of such improvements shall hereinafter be called the "Estimated Developer's Cost" . "Lien" shall mean any lien, security interest, charge, tax lien, pledge, encumbrance, conditional sales or other title retention arrangement or any other interest in property designed to secure the repayment of indebtedness or the satisfaction of any other obligation. "Market Value" shall mean the price, as of any date, obtained on such date from a generally recognized source agreed to by the parties or the most recent closing bid quotation obtained from such a source, excluding accrued interest. The parties agree in advance to any source acceptable to NationsBank that is a nationally recognized exchange. "Securities" shall mean (a) securities that are direct obligations of the United States having a maturity of not more than twenty (20) years and (b) municipal bonds having a maturity of not more than twenty (20) years which are approved by Fort Worth and which are rated "AAA" by Moody's or by Standard & Poor's. SECTION 2. PLEDGE. As security for the full and punctual performance of the Secured Obligations, Developer hereby pledges, hypothecates, assigns, transfers, and sets over to Fort Worth, and hereby grants to Fort Worth a security interest in, the Initial Security and all rights and privileges pertaining thereto with the exception of the interest income to be derived therefrom, which interest income shall remain the property of Developer and shall be distributed by NationsBank in accordance with Developer's periodic instructions (all such Initial Security, substitutions therefor as permitted hereunder, and other property and rights described are collectively called the "Pledged Collateral") ; TO HAVE AND TO HOLD the Pledged Collateral, together with all rights, titles, interests, privileges, and preferences appertaining to or incidental thereto, unto Fort Worth subject, however, to the terms covenants, and conditions hereinafter set forth. The security interest granted and the assignments made hereunder are made as security only and shall not subject Fort Worth or NationsBank to, or transfer or in any way affect or modify, any obligation of Developer with respect to any of the Pledged Collateral or any transaction involving or giving rise thereto. SECTION 3. PHYSICAL POSSESSION OF PLEDGED COLLATERAL. Concurrently with the execution of this Pledge Agreement, Developer shall have delivered to and deposited with NationsBank the certificates or instruments representing or evidencing the Pledged Collateral. The parties acknowledge and agree that NationsBank shall be required to segregate the Pledged Collateral from other securities held in trust by NationsBank for Developer in accordance with the normal practices of NationsBank. NationsBank shall return all certificates or instruments representing or evidencing the Pledged Collateral remaining in its possession to Developer (or take such other action as Developer may request or direct) immediately after receipt of written notice from Fort Worth that the Secured Obligations have been fully performed. During such time as NationsBank has possession of the Pledged Collateral, NationsBank shall furnish to the City (when requested by the City) written acknowledgments signed by a trust officer listing the Pledged Collateral by name of security, type of security, maturity date, interest rate, and CUSIP number and acknowledging that such collateral has been pledged to the City pursuant to this Pledge Agreement. SECTION 4. REPRESENTATIONS AND WARRANTIES. Developer does hereby represent and warrant to Fort Worth and NationsBank that: (a) The Pledged Collateral is free and clear of all Liens except those created by this Pledge Agreement; (b) Developer (i) is the owner of the Pledged Collateral or (ii) has obtained the consent of the owner of the Pledged Collateral to use the Pledged Collateral in the manner contemplated in this Pledge Agreement; (c) Developer has lawful authority to pledge the Pledged Collateral in the manner hereby contemplated; (d) no consent or approval of any governmental body or regulatory authority is necessary to the validity of the rights created hereunder; (e) the execution, delivery and consummation of this Pledge Agreement will not violate any law, regulation, mortgage, indenture, contract, instrument, judgment or decree applicable to or binding on Developer; and (f) this Pledge Agreement has been duly authorized, executed and delivered by Developer and constitutes a legal, valid, and binding obligation of Developer enforceable in accordance with its terms except as enforceability may be limited by applicable bankruptcy, insolvency, moratorium, or other similar laws affecting creditors' rights generally and except as enforceability may be limited by general principles of equity. The delivery at any time by Developer to NationsBank for the benefit of Fort Worth of instruments, cash or other items evidencing the Pledged Collateral shall constitute a representation and warranty by Developer that, with respect to such Pledged Collateral, the matters heretofore warranted in clauses (a) through (f) immediately above are true and correct on, and as if they were made upon, the date of such delivery. SECTION S. COVENANTS. (a) Affirmative Covenants. So long as any of the Secured Obligations remain unperformed, Developer covenants and agrees that Developer will: (i) from time to time execute and deliver to Fort Worth all such assignments, certificates, supplemental writings, and other items and do all other acts or things as Fort Worth may reasonably request in order to evidence and perfect the security interest of Fort Worth in the Pledged Collateral; (ii) furnish Fort Worth with information which Fort Worth may reasonably request concerning the Pledged Collateral; and (iii) notify Fort Worth of any claim, action, or proceeding affecting title to the Pledged Collateral or Fort Worth's security interest therein. (b) Negative Covenants. So long as any of the Secured Obligations remain unperformed, Developer covenants and agrees that Developer will not: (i) sell, assign or transfer any rights of Developer in the Pledged Collateral; or (ii) create any Lien in the Pledged Collateral, or any part thereof, or permit the same to be or become subject to any Lien except the security interest herein created in favor of Fort Worth. SECTION 6. VOTING RIGHTS: DIVIDENDS, ETC. , PRIOR TO DEFAULT. So long as no Default exists, Developer shall be entitled to receive, retain, and expend any interest income payable with respect to the Pledged Collateral and any and all other distributions made on or with respect to the Pledged Collateral. If a Default shall have occurred and be continuing, any interest income payable on the Pledged Collateral, and any and all other distributions made on or with respect to the Pledged Collateral, shall be and become part of the Pledged Collateral and shall be held in trust for the benefit of Fort Worth. Fort Worth shall have the right, during the continuance of any Default, to direct NationsBank to notify and direct, and NationsBank shall have the right to notify and direct, the issuer of the Pledged Collateral to make all payments and distributions directly to NationsBank for the benefit of Fort Worth. The issuer of the Pledged Collateral making any such payments or distributions shall be fully protected in relying on the written notice from NationsBank. SECTION 7. EVENTS OF DEFAULT. Developer shall be in default under this Pledge Agreement only upon the happening of any the following events (a "Default") : (a) default in the timely payment or performance of the Secured Obligations after written notice thereof has been given to Developer and NationsBank and such default is not cured within five days after such notice; (b) any warranty or representation made to Fort Worth by Developer in connection with this Pledge Agreement proves to have been false in any material respect when made; or (c) default in delivery of the Additional Securities as provided in Section 13 hereof. SECTION S. RIGHTS AND REMEDIES OF FORT WORTH UPON AND AFTER DEFAULT. (a) Remedy. Upon the occurrence of a Default, Fort Worth shall have the right to direct NationsBank to sell or otherwise dispose of all or any part of the Pledged Collateral in accordance with normal banking procedures. NationsBank is hereby authorized to sell or otherwise dispose of the Pledged Collateral immediately upon the receipt of a written statement purporting to be executed by an authorized representative of Fort Worth stating that: (i) a Default by Developer has occurred under the Northside II Transmission Main, Phase II,Section 3 Community Facilities Agreement; (ii) written notice of such Default has been given by Fort Worth to Developer and NationsBank and such Default was not cured within five days after such notice; and (iii) Fort Worth is entitled to have the Pledged Collateral sold or disposed of in accordance with the Pledge Agreement. In the event of sale, NationsBank shall not be liable for any fluctuation in Market Value of the Pledged Collateral, and any such sale or other disposition may be as a unit or in parcels (it being agreed that the sale of any part of the Pledged Collateral shall not exhaust the power of sale granted hereunder, but sales may be made from time to time until all of the Pledged Collateral has been sold or until the Secured Obligations have been fully performed) . Fort Worth shall be liable for, and shall return to Developer, the amount, if any, by which the sales proceeds exceed the amount necessary to complete performance of the Secured Obligations. (b) Sale of Pledged Collateral. Upon the consummation of any sale, NationsBank shall have the right to deliver, assign, and transfer to the purchaser the Pledged Collateral sold. Each purchaser at any such sale shall hold the property sold free from any claim or right of whatsoever kind, and Developer hereby waives (to the extent permitted by law) all rights of redemption, stay, and/or appraisal. (c) Notices. Any notice required or permitted to be given to Developer or Fort Worth shall be given in writing and shall be personally delivered or mailed by prepaid certified or registered mail to such party at the address set forth below. Any notice required or permitted to be given to NationsBank shall be given in writing and shall be effective when actually received. Hillwood Construction Corporation Attn: Larry J. Cain 12377 Merit Drive Suite 1700 Dallas, Texas 75251 City of Fort Worth Attn: City Treasurer 1000 Throckmorton Street Fort Worth, Texas 76102 NationsBank of Texas, N.A. Attn: Marilyn G. Paris, Trust Department P. O. Box 830241 Dallas, Texas 75283-0241 Any such notice shall be deemed to have been given (whether actually received or not) on the day personally delivered as aforesaid or, if mailed, on the day it is mailed as aforesaid. Any party may change its address for notice by giving all other parties hereto notice of such change in the manner set forth in this Section 8 (c) not later than 10 days before the effective date of such new address. SECTION 9. CERTAIN OTHER RIGHTS AND DUTIES OF FORT WORTH AND NATIONSBANR. (a) Responsibility for Pledged Collateral. Fort Worth and NationsBank shall not have a duty to fix or preserve rights against parties who may have had a prior interest in the Pledged Collateral or to collect any amount payable with respect to the Pledged Collateral, but shall be liable only to the account of Developer for what Fort Worth and NationsBank may actually collect or receive thereon. (b) Nondisclosure. In so far as permitted by Art. 6252-17, Texas Revised Civil Statutes, Fort Worth shall not discuss or disclose the Pledged Collateral with any persons who are not employed by Fort Worth, and then only to the extent such discussion or disclosure is absolutely required. SECTION 10. EXCLUSIVE RIGHTS AND REMEDIES. If the Developer fails to perform its obligations under the CFA, Fort Worth's sole and exclusive remedy shall be to complete the obligations of Developer at Developer's expense. In furtherance of such sole and exclusive remedy, Fort Worth is entitled to exercise its rights as set forth in Section 8 hereof. SECTION 11. SUBSTITUTION OF COLLATERAL. Notwithstanding any contrary provision in this Pledge Agreement, Developer shall have the right (without the consent of Fort Worth) , at any time and from time to time, to obtain releases of all or any part of the Pledged Collateral (hereinafter called the "Released Collateral") upon satisfaction of the following conditions: (a) Developer shall provide Fort Worth and NationsBank written notice (the "Substitution Notice") that Developer desires to obtain Released Collateral (as specified and described in such notice) in exchange for a contemporaneous substitution of different Securities for collateral (as also specified and described in the Substitution Notice) ; and (b) Developer shall pledge to Fort Worth, and deliver to NationsBank for the benefit of Fort Worth, substituted Securities (the "Substituted Collateral") the Market Value of which Substituted Collateral together with the Market value of the remaining non- released Pledged Collateral shall in the aggregate be at least equal to the Estimated Developer's Cost. All Substituted Collateral shall be deemed to be Pledged Collateral for purposes of this Pledge Agreement. Upon satisfaction of the above-specified conditions, NationsBank shall be authorized (without the consent of Fort Worth) to return to Developer any original certificates or instruments In NationsBank's possession that represent or evidence the Released Collateral or take such other action with respect to the Released Collateral as Developer may request or direct. Developer shall pay the expenses incurred by NationsBank in connection with obtaining each such release and substitution. SECTION 12. PERIODIC WITHDRAWAL OF COLLATERAL. Notwithstanding any contrary provision in this Pledge Agreement, Developer shall have the right to monthly withdrawals of the Pledged Collateral (hereinafter called the "Withdrawn Collateral") , upon satisfaction of the following conditions: (a) Developer shall provide Fort Worth and NationsBank written notice (the "Withdrawal Notice") that Developer desires to obtain the Withdrawn Collateral; and a* d' ;1i1' ��_.nn. (b) the aggregate Market Value of the Pledged Collateral after withdrawal of the Withdrawn Cojlateral- 4T Y is at least equal to the estimated value of the �Secured " 'ip Obligations then remaining to be performed (such TEX. ��y 1 E . remaining value is hereinafter called the "Estimated Cost to Complete") . The Withdrawal Notice shall include a description of the Withdrawn Collateral and Developer's calculation of the Estimated Cost to Complete. Upon receipt of the Withdrawal Notice, Fort Worth shall have ten (10) calendar days to notify Developer of Fort Worth's calculation of the Estimated Cost to Complete. If Fort Worth fails to so notify Developer, then Developer's calculation shall be deemed to have been accepted and approved by Fort Worth. If Fort Worth's calculation is less than, or not more than five percent (5%) higher than, Developer's calculation, then Fort Worth's calculation shall be deemed to have been accepted and approved by Developer. If Fort Worth's calculation exceeds Developer's calculation by more than five percent (5%) , Fort Worth and Developer shall jointly approve a Estimated Cost to Complete. Within thirty days of receipt of Withdrawal Notice, Fort Worth shall execute a release authorizing NationsBank to return to Developer any original certificates or instruments in NationsBank's possession that represent or evidence the Withdrawn Collateral or take such other action with respect to the Withdrawn Collateral as Developer may request or direct. Developer shall pay the expenses incurred by NationsBank in connection with obtaining each such release. SECTION 13. PERIODIC VALUATION OF PLEDGED COLLATERAL. At any time and from time to time (but not more frequently than once each month) Fort Worth, at Developer's sole cost and expense, may request NationsBank to obtain or provide the Market Value of the Pledged Collateral. Fort Worth may cause Developer to pledge additional Securities (the "Additional Securities") as Pledged Collateral upon satisfaction of the following conditions: (a) Fort Worth shall provide Developer and NationsBank a written notice setting forth the Market Value of the Pledged Collateral and requesting Developer to pledge Additional Securities having a specified Market Value; and (b) the aggregate Market Value of the Pledged Collateral (including the Additional Securities) shall be equal to (or, at Developer's option, greater than) the last-determined Estimated Cost to Complete (or the Estimated Developer's Cost if no Estimated Cost to Complete has yet been determined hereunder) . Developer shall have five days from receipt of such notice to pledge to Fort Worth, and deliver to NationsBank for the benefit of Fort Worth, all certificates or instruments representing or evidencing Additional Securities, the market value of which Additional Securities shall be confirmed by NationsBank within five (5) business days after receipt of same. SECTION 14. NON-ASSIGNABILITY OF FORT WORTH'S RIGHTS. The rights, powers, and interest held by Fort Worth hereunder in and to the Pledged Collateral may not be transferred or assigned by Fort Worth in whole or in part. Any attempted transfer or assignment shall be absolutely void and shall entitle Developer to a release of all Pledged Collateral. SECTION 15. NO WAIVER. No waiver by Fort Worth of any Default shall be deemed to be a waiver of any other subsequent Default. No delay or omission by Fort Worth in exercising any right or power hereunder shall impair any such right or power or be construed as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude other or further exercise thereof. SECTION 16. BINDING EFFECT. This Pledge Agreement shall be binding on the parties, their successors and assigns. No provision of this Pledge Agreement may be amended, waived, or modified except pursuant to a written instrument executed by Fort Worth, NationsBank, and Developer. SECTION 17. CHOICE OF LAW. This Pledge Agreement is to be construed and interpreted in accordance with the laws of the State of Texas. SECTION 18. COUNTERPARTS. This Pledge Agreement may be executed in any number of multiple counterparts and by different parties on separate counterparts, all of which when taken together shall constitute one and the same agreement. SECTION 19. NATIONSBANK INDEMNITY. Developer hereby agrees to release, hold harmless, and indemnify NationsBank (and its directors, officers, employees, agents and representatives) from and against all claims, damages, expenses, costs, suits, and other liability of any kind whatsoever that arise out of or are directly or indirectly related to the performance by NationsBank of its duties hereunder except for the gross negligence or willful misconduct of NationsBank or its directors, officers, employees, agents, or representatives. HILLWOO)D COON,STRUCTION CORPORATION By:_ Title: VIS ►'I �t�E.,.T Date: Sf -qL CITY OF FOR OR H, TEXAS By: Title: Date: NATIONSBANK OF TEXAS, N.A. By, Title: Date: -� �� City of Fort Wortk Texas Mayor and Council Conununication lil, C-� D REFERENCE NUMBER L NAME PAGE 01/07/92 ** C-13190 06HILLW0 1 of 1 SUBJECT CONTRACT WITH HILLWOOD CONSTRUCTION CORPORATION FOR THE INSTALLATION OF COMMUNITY FACILITIES - HILLWOOD ADDITION (NORTHSIDE II TRANSMISSION MAIN PHASE II SECTION 3 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with the developer, Hillwood Construction Corporation, for the installation of community facilities for Hillwood Addition (Northside II Transmission Main Phase II, Section 3) . DISCUSSION: Hillwood Construction Corporation, the developer of Hillwood Addition (Northside II Transmission Main Phase II, Section 3) , has executed a proposed contract of community facilities to serve the area shown on the attached map This development is located in Council District No. 2. The estimated cost of the community facilities is as follows and subject to the actual bid price: Project Cost Developer City Total Water Improvements Construction $464,020.00 $735,806.00 $1,199,826.00 Engineering 314,252.00 -0- 314,252.00 TOTAL $778,272.00 $735,806.00 $1,514,078.00 FISCAL INFORMATION/CERTIFICATION: As per Community Facilities Policy, the Developer has elected to have the City advertise and award the construction contract. Therefore, the City's participation will be funded at the time the Mayor and Council Communication to award the contract is submitted to the City Council . The Development Department is responsible for collection of funds due the City under this agreement. MG:z Submitted or City Manager's FUND ACCOUNT CENTER AMOUNT ��^++ C°ITY SECRETARY to le Office by: CITY Y C CIL Mike Groomer 6140 Originating Department Hea : J A N 7 1992 Joe Bilardi 8901 nom For Additional Information Contact: Joe Bilardi 8901 Printed on renyded paper