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Contract 27020
COMMUNITY FACILITIES AGREEMENT CITY SECRETARY CONTRACT NO. THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Summer Creek Meadows, L.P., hereinafter called "Developer", desires to make certain improvements to Summer Creek Meadows Addition, Phase IV, an addition to the City of Fort Worth, Texas, and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Summer Creek Meadows, L.P., by Zena Development Corporation, its General Partner, by and through Pat DiFonzo, its duly authorized President, and the City, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: REX PIN COMMUNITY FACILITIES AGREEMENT to install STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN IMPROVEMENTS FOR SUMMER CREEK MEADOWS, PHASE IV A. The Developer(s) agree 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, 131, AND 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 signs as shown on the attached Exhibits _B, 131, and C. E. Payment is due at the time this agreement is executed by the City and the Developer. F. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $322,501. In accordance with the City's current Policy for Installation of Community Facilities as shown in the Cost Summary on page 3. The Developer shall contribute Dollars $306,493 of the total amount. The City shall contribute Dollars $16,008. G. 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 ;:�� % u .��`� .•. s r�'► H. 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. I. Developer also agrees to install or adjust all of the required utilities to serve the development or to construct the improvements required herein. J. 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). K. Developer agrees that no lot shall be occupied until improvements required herein have been constructed (Article 104.100, Ordinance 7234). L. 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. M. City participation in "current improvements" shall not exceed 125% of cost shown in Summary of Cost. 2 SUMMARY OF COST SUMMER CREEK MEADOWS PHASE IV Item Developer City Cost Total Cost Cost A. Construction 1. Streets $ 251,908.00 $ 15,102.00 $ 267,010.00 2. Storm Drainage $ 26,615.00 $ $ 26,615.00 3. Street Lights $ 22,000.00 $ $ 22,000.00 4. Street Name Signs $ 400.00 $ $ 400.00 B. Engineering Design $ $ 906.00 $ 906.00 C. Construction Engineering and Management by DOE (2%) $ 5,570.00 (*) $ 5,570.00 TOTALS $ 306,493.00 $ 16,008.00 $ 322,501.00 TE 1. All Preliminary Plats filed after July 11, 2000 will require sidewalks on all streets. Forty-two (42)feet and wider street include sidewalk cost. Cost to developer include sidewalks to be installed along Old Granbury Road. 2. Construction items (1-2)cost includes 10% contingencies for Developer and City. 3. Developer's column for Item C represents two percent(2%)costs for construction inspection and materials testing. (") Represents City participation for construction fees. 4. City not preparing plans and specifications. City Participation is for 6.5'width of pavement for Old Granbury Road. CFA CODE: 20117 3 PP97-012 dated 4/23/97 B."PAVING (TOTAL -k-,jT) ' ITEM IDESCRIPTION QUANTITY 'UNIT'' COSTIUNIT TOTAL COST 6" Lime Sub rade Preparation 10,030 S.Y. 1.50 15,045.00 Hydrated Lime for Sub rade (30#/SY) 150 TON 95.00 14,250.00 5" Reinf. Conc. Pavement 29' B-B) 8,400 S.Y. 19.50 163,800.00 7" Reinf. Conc. Pavement(27' B-B) 1,630 S.Y. 23.00 37,490.00 Material Testing1 L.S. 3,000.00 3,000.00 15' Std. Curb Inlet(Second Stage) 2 EA. 1,400.00 2,800.00 15' Recessed Curb Inlet(Second Stage) 1 EA. 1,500.00 1,500.00 Barricades 30 L.F. 45.00 1,350.00 Const. Std. Street Header 30 L.F. 10.00 300.00 4-foot Sidewalk Old Grandbu 2,900 S.F. 2.00 5,800.00 4"Yellow stripe 550 L.F. 2.00 1,100.00 Inlet protection devices 3 EA. 250.00 750.00 Stormwater Management Maintenance 1 L.S. 1,000.00 1,000.00 Performance/Payment/Maintenance Bond 1 L.S. $248,185.00 3,722.78 $251,907.78 Inspection Fee (2%) 1 1L.S. 1 5,038.16 5,038.16 B. CITY PARTICIPATION (PAVING) ITEM DESCRIPTION QUANTITY UNIT COSTIUNIT TOTAL COST 6" Lime Sub rade Preparation 560 S.Y. 1.50 840.00 Hydrated Lime for Sub rade (30#/SY) 9 TON 95.00 807.50 7" Reinf. Conc. Pavement 525 S.Y. 24.00 12,600.00 Design Fee (6%) 1 L.S. 854.85 854.85 $15,102.35 SUMMER CREEK MEADOWS, PHASE IV Page 1 e o B-1. STORM DRAINAGE (TOTAL COST) ITEM IDESCRIPTION QUANTITY UNIT - CQ$T/UNR TOTAL COST 21" RCP L.F. 28.00 0.00 24" RCP 92 L.F. 35.00 3,220.00 30" RCP L.F. 42.00 0.00 39" RCP 156 L.F. 67.00 10,452.00 54" RCP L.F. 125.00 0.00 15' Standard Curb Inlet(First Stage) 2 EA. 1,800.00 3,600.00 15' Recessed Curb Inlet(First Stage) 1 EA. 2,000.00 2,000.00 5' Manhole 1 EA. 3,200.00 3,200.00 36" Std. Headwall 1 EA. 1,500.00 1,500.00 Concrete/Rock Riprap 10 S.Y. 50.00 500.00 Inlet protection devices 3 EA. 250.00 750.00 Stormwater Management Maintenance 1 L.S. 1,000.00 1,000.00 Performance/Pa ment/Maintenance Bond 1 1 L.S. 1 $26,222.00 393.33 $26,615.33 Ins ection Fee (2%) 1 IL.S—. I 532.31 532.31 SUMMER CREEK MEADOWS, PHASE IV Page 1 C. STREET LIGHTS of fREET NAMES (TOTAL COS�) ITEM IDESCRIPTION QUANTITY UNIT COSTIUNIT TOTAL COST Street Lights 10 EA. 2,000.00 20,000.00 Street Light Design Fee (10%) 1 L.S. 2,000.00 2,000.00 Street Signs 2 EA. 80.00 160.00 $22,160.00 SUMMER CREEK MEADOWS, PHASE IV Page 1 A09kkN a• E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 2 EA $ 2 , 000 $4, 000 . 00 MID-BLOCK RESIDENTIAL 6 EA $ 2, 000 $12, 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 2 EA $ 2, 000 $4, 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2, 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2, 800 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2, 200 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__ Subtotal $20, 000 . 00 City' s Cost $ ---0--- Developer' s Subtotal $20, 000 . 00 10% Contingencies $2, 000 . 00 Project Total $22 , 000. 00 Adjacent Developer' s Cost $ --0-- Developer's Cost $22, 000.00 2% Inspection Fee $ 000 . 00 SUMER CREEK MEADOWS, PHASE IV March 14, 2001 Fort Worth, Texas March 14, 2001 III- 1 2 . STREET LIGHTS WORK DESCRIPTION: 1 . The Developer shall provide for the installation of streetlights 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 . 2 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. 3 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 4 . 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" . 5 . The Developer shall provide for the installation of a 11/a-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . 6 . 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 . 7 . The developer shall pay a two percent (2%) fee of the construction cost for construction engineering and inspection of the street light installation. 8 . Before the city install the streetlights, the developer shall pay the total amount shown below to the city at the time of execution of the community facilities agreement . 9 . The developer or their contractor shall contact City' s street light division 48 hours prior to starting any installation of conduit and/or streetlights at (817) 871-8100 to insure proper inspection of work. TOTAL DEVELOPER'S COST $22, 000.00 SUMMER CREEK MEADOWS, PHASE II March 14, 2001 Fort Worth, Texas March 14, 2001 III- 2 "STREET LIGHTS" INTERSECTIONS ROLLING MEADOWS DR & MEADOW VALLEY DR---- 1 OLD GRANDBURY RD & MEADOW VALLEY DR---- 1 MID- BLOCK RESIDENTIAL ROLLING MEADOWS DR-------- 2 MEADOW VALLEY DR---------- 3 OLD GRANDBURY------------- 1 CHANGE OF DIRECTION ROLLING MEADOWS DR------- 2 SUMMER CREEK MEADOWS, PHASE IV r..+. Avow IV STREET NAME SIGNS 1 . The Developer agrees to pay for the street name sign installations required by this development to the extent of $100 . 00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 2 . This development creates the following four (4) intersections at a cost to the Developer of $400.00: Meadow Valley Drive and Granbury Road Meadow Valley Drive and Rolling Meadows Drive Rolling Meadows Drive and Rolling Meadows Drive (East intersection) Rolling Meadows Drive and Rolling Meadows Drive (West intersection) 3 . The Developer may either deposit cash funds with the City equal to the above amount at the time of Community Facilities Agreement approval or wait until the street name signs are to be installed. If the Developer elects to wait, the cost of street name signs will be at the rate prevailing when the Developer deposits funds with the City. 4 . The City will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City. SUMMER CREEK MEADOWS PHASE IV Fort Worth, Texas March 20, 2001 IV-1 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 r. �. v 4 F. Work hereunder shall be completed within two (2) years from date hereof, an it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities or street, storm drain, street light and street name sign shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. If the construction under the Community Facilities Contract shall have started within the two-year period, the life of the Community Facilities Contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all updated agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities Contract that any of the facilities or requirements included in the contract that are to be performed by the developer, but not performed by the developer within the time periods stated above, may be completed by the City at the developer's expense. The City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. G. PERFORMANCE AND PAYMENT GUARANTEES 1 . For Street, Storm Drain, Street Light and Street Name Sign Improvements to be Constructed by the Developer or City on Behalf of the Developer: Performance and Payment bonds or cash deposits acceptable to the City are required to be furnished by the developer for the installation of streets, storm drains, street lights, and street name signs, on a non- assessment basis, and must be furnished to the City prior to execution A-2 ... .�+ 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. A-3 b. Where the City lets the contract, performance and payment bonds shall be deposited, in the amount of one hundred percent (100%) of the estimated cost of construction as stated in the construction contract, is required prior to issuance of a work order by the City. 4. Types of Guarantees: a. Performance and Payment Bonds: Are required for the construction of streets, storm drains, street lights, and street name signs, the following terms and conditions shall apply: (1) The bonds will be standard performance and payment bonds provided by a licensed surety company on forms furnished by that surety company. (2) The bonds will be subject to the review and approval by the City Attorney. (3) The performance bond shall be payable to the City and shall guarantee performance of the street, storm drain, street light, and street name sign construction contemplated under this contract. (4) The Payment Bond shall guarantee payment for all labor, materials and equipment furnished in connection with the street, storm drain, street light, and street name sign construction contemplated under this contract. (5) In order for a surety company to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. b. Cash Deposits: A cash deposit shall be acceptable with verification that an attempt to secure a bond has been denied, A-4 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 .000 ��•. projects less than $400,000 together with the remaining funds from the Developer's Change Order Fund, if any, will be released to the developer after the project has been accepted by the City. Partial release of funds shall be limited to once per month. There shall be no partial release of funds for projects of less than $25,000. Proof that the developer has paid the contractor shall be required for partial releases. 5. Purpose, Term and Renewal of Guarantees: a. Performance and payment bonds, and cash deposits furnished hereunder shall be for the purposes of guaranteeing satisfactory compliance by the developer with all requirements, terms and conditions of this agreement, including, but not limited to, the satisfactory completion of the improvements prescribed herein, and the making of payments to any person, firm, corporation or other entity with whom the developer has a direct contractual relationship for the performance of work hereunder. b. Developer shall keep said performance and payment bonds, and/or cash deposits in full force and effect until such time as developer has fully complied with the terms and conditions of this agreement, and failure to keep same in force and effect shall constitute a default and breach of this agreement. H. The City shall assume its share of the cost of the improvements covered by this agreement along with the engineering fee only if funds are available for such participation. In the event that no funds are available for City participation, the developer shall award the contract and deposit with the City a performance and payment bonds or cash for 100 percent of the estimated total construction cost of the improvements [plus ten percent (10%) for engineering and miscellaneous costs if the City prepares the plans]. I. On all facilities included in this agreement for which the developer awards its own construction contract, the developer agrees to follow the following procedures: A-6 ... ONO r+ 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 rte► AOW Alp of any and all partial and final payments to the contractor. Said approval shall be subject to and in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based. 6. To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. 7. It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construction contract for storm drainage and pavement, said contract shall be separated in the bidding and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. J. Anything to the contrary herein notwithstanding, for and in consideration of the promises and the covenants herein made by the City, the developer covenants and agrees as follows: 1 . The developer shall make separate elections with regard to water and/or sanitary sewer facilities, storm drainage, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, or by its contractor, or by the developer, through its contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been made and delivered to City by such date, it shall be conclusively presumed that the developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph V-F hereof. 2. Irrespective of any such election and whether the work is to be performed by the City, or by its contractor or by the developer through its contractor, the developer covenants and agrees to deliver to the City A-8 AND 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 on the Summary of Cost 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 A-9 r f� 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 1'/4 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 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. N. Developer and City agree that this Agreement represents the complete and exclusive statement of the mutual understandings of the parties and that this Agreement supersedes and cancels and previous written and oral agreements and communications related to the subject matter of this 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 i strument in quadruplicate, at Fort Worth, Texas this the ray of 1,E' l APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: Gary J. S inberger f Hugo Malanga, Director Assistant City Attorney Transportion and Public Works Department ATTEST: CITY OF F;ORO , TEXAS _ p Gloria_Pears n P like Groomer City Secretary Assistant City Manager A-12 Contract Authorization U CUAi PSCC R© Date ; N 11.1 rag Developer: Summer Creek Meadows LP By Zena Development Corporation Its General Partner By: Pat DiFOnzo,'Presmd I OIRKS RpAD ALTAMESA BLVD ( ( go YPROJECT � SUMMER M OWS ( LOCA 77ON �o MORE S CH -oot RD 0 COLUMBUS TTl I r / NOT TO SCALE LOCATION MAP "SUMMER CREEK MEADOWS N PHASE IV" WELCH ENGINEERING, I NC. CONSULTING ENGINEERS 1"=200' GRp.NB 7' B B W � i e 29' B-B 29' B-B DEVELOPER'S PARTICIPATION � I W .44 5" PAVEMENT W/ 5" CROWN I I ON 6" LIME SUBGRADE o DEVELOPER'S PARTICIPATION 7" PAVEMENT W/ 2X CROSS SLOPE W ;-I O o 00 ON 6" LIME SUBGRADE J I 1 Q w_~ Q = I 6- ws rI 1 ® CITY'S PARTICIPATION ( 1 0� 3o U' � W� 1 7" PAVEMENT W/ 2% CROSS SLOPEWATER ON 6" LIME SUBGRADE w O vii MEADOWS 1 1 DRIVE —� (50' R.O. WA j � I r� / 29' B-B 1 I 29' B-B � UM ER MED S � ( RIG�IT_OF WAIS �_ EXHIBIT "B" PAVING IMPROVEMENTS "SUMMER CREEK MEADOWS PHASE IV" WELCH ]ENCIENFMRIN0, I NC. CONSUL TING ENGINEERS 1"=200' GRP 24"RCP 36 RC 15' i HD1fNL 15' 15' 24"RCP -/ 24"RCP 1 I I I I I j I I W_I O � � o La I a I I i � 1 3a o w� Os z m m WATER w i o MEADOWS i DRIVE I —J (50' R.O.W.) { I I 1 1 UM ER MED S DI ( RI T-0F WA`f} Ll J EXHIBIT "B- 1 " STORM DRAIN IMPROVEMENTS "SUMMER CREEK MEADOWS PHASE IV" WELCH ENOI] G, I NC. CONSULTING ENGINEERS odWAk I SCALE: 1"=200 'AGR I I � I I � I � I of • ' L -� z" i y- ITER 1 -MEADOWS X---a I I DRIVE i . L UM ER ME DO ;T�l� �my) / -- PROPOSED STREET LIGHT �-- EXISTING STREET ucHT A PRO EXHIBIT "C" M -- POSED STREET SIGN A -- EXISTING STREET SIGN STREET LIGHTS "SUMMER CREEK MEADOWS N PHASE 1V" wEl'CH ENC�IrTEE1Z1N4. I NC. CONSUL TING ENGINEERS L 30vd ! IPI 80 (183) TOOL 1p0 xv'H COMPLETION AGREEMENT This Completion Agreement (hereinafter called the "Agreement") is made and entered into by and among the City of Fort Worth (hereinafter called the "City"), Summer Creek Meadows LP, By Zena Development Corp., (hereinafter called the "Developer"), and Compass bank (hereinafter called the "Lender"), effective as of June 1, 2001. The City, the Developer and the Lender are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 16.821 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 Summer Creek Meadows Phase 4), and WHEREAS, the Developer intends to develop Summer Creek Meadows Phase 4 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 Summer Creek Meadows Phase 4 (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 Summer Creek Meadows Phase 4, Section A (herein collectively called the "Community Facilities"), and WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the city for Hard Costs (which term is hereinafter defined) subject to, and in accordance with, the terms, provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of Summer Creek Meadows Phase 4, (hereinafter collectively called the "Plans"); and Jul, 17 -01 03:53p ZE'-N*. 817 e''*'691 O P- 2 WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as arc 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, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Agreement: 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 Five Hundred Twenty-Three Thousand Three Hundred Dollars ($523,300.00). (hereinafter called the "Completion Amount"). Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. 3. Adjustments to the Completion Amount. The Lender will from time to time make advances to the Developer for the development of Summer Creek Meadows Phase 4 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 Summer Creek Meadows Phase 4 hereinafter called the "Loan" subject to, and in accordance with, the terms, conditions and provisions of the Loan documents (which term is hereinafter defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit B, attached hereto and incorporated herein for all purposes,with the Hard Costs (which term is hereinafter defined) line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and installation of the Community Facilities. To the extent that advances under the Loan are for the 2 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 the Hard Costs, the Developer shall promptly deliver to the City those portions of all draw requests delivered to the Lender which contain requests for the payment of Hard Costs and such draw requests shall itemize Hard costs in such form and detail as shall be reasonably acceptable to the Lender and the City. Upon approval of the 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 writing Lender that it 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 in 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. 4. Completion by the Developer. The Developer agrees to complete the Community Facilities on or before the date of completion that is established in 3 (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 Summer Creek Meadows Phase 4 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 Summer Creek Meadows Phase 4 and; (D) A requirement that the contractor include in its subcontracts the statements contained in(A), (B) and(C) above. 14. Miscellaneous. (A) Non-Assignment of Agreement. This agreement may not be assigned by any of the parties without the prior written consent of all 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; I. Notice to City shall be addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76102 Attention:Raquel Velasquez, Administrative Assistant Telecopy Number: 817-871-7905 Confirmation Number: 817-871-8092 With a copy thereof addresses and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76102 Attention: Gary Steinberger,Esq. Assistant City Attorney Telecopy Number: 817-871-8359 Confirmation Number: 817-871-7600 7 APPROVED AS TO FORM AND LEGALITY THE CITY OF RT ORTH By: By: Name: Name: ger Title: Ass ant City Attorney Title: Summer Creek Meadows LP By: Zena Development Corporation General Partner By: C.Pat DiFonzo/Pr dent Comp ss By. ��1'� Name: Title: 1J �01` 10 Ask $Oak ANWA Amok r LIST OF EXHIBITS TO THE COMPLETION AGREEMENT BY AND AMONG THE CITY OF FORT WORTH SUMMER CREEK MEADOWS LP AND COMPASS BANK EXHIBIT A Legal Description EXHIBIT B Approved Budget 12 OWNER'S ACKNOWLEGEMENT AND.EDICAfION THE STATE OF:TEXAS: THE COUNTY :OF:TARRANT WHEREAS, SUMMER CREEK MEADOWS L.P.. acting by and.through ,the 'undersigned, their duly authorized agent to the owner of a 18.821 acre tract,of land situated. in the;T: & P. R.R.'COMPANY SURVEY, ABSTRACT NO. •1578, and being a portlon of that.tract.of land.described.in deed to:Summer Creek Meadows .LP..and tecorded fn'Volume 12806,:Page 454, Dead Records, Tarrant;County, Texas, said 16.821 'acre traot'of:land being more particularly described by.metee and bbunds,as follows: BEGINNING at a i/2 inch•,Iron .rod, found for the northeast cornier. of Lot.10, Block .4. Summer Creek Meadovis,.ah'addetlon :to the City of Fort Worth according to the'plat recorded in..Cabinet A, Slide 5618; '. Plat•Records,.Tan-ant ,County,.Tekaa;_ ; THEN CE'S89'11'35"W, along the north.,tine:of.Lot 10.-Block 4.-said 'Summer•Creek'Mecdowa, and along' the south'line of sold Summer Creek.Meadows LP. tract. of land.and the north line of.a tract of land : descMbed•In deed to Columbus Trail-94, LTD.'and recorded in•Voiume.11751, Page. 123, Deed Records, 'Tarrant:County,•Texas a dietanee..of 1001:11 feet:to a .1/2 .inch. iron 'rod found'for comer; THENCE'S62'.59'14"W, continuing;along..sold common fine, a distance of 131.04 feet to a 1/2 tach iron;..rod JJ found for the:most westeriy'southweet cornier of sold Summer Creek Meadows LP. tract of land; ? THENCE;N2727'04'W, a distance 'of 116.59.-feet.to a 1%2 inch iron'rod found at the .beglhnlrg-of:a curve. to.the fight hcving a.rodlue :of 1500.00 feet cnd whose long chord;bears N15'54'18'W,:o distance.of. . 599.59 :feat; :. . THENCE:along;said curvo'to.the right.,through -a central angle of 23'03'29 an arc length,of.603.66 feet th'a 1/2 inch Iran rod set for comer; ; THENCE�N8911'35"E, at 31.05 feet passing a '1/2.inch Iron rod;found'for the southwest comer of Lot 37,'.; 8160 '7,-'eald Summer'Creek Meadows, in all a distance of 173,28 feet to 0 1/2 Inch iron:rod found for .: the'southeast comer of 'old Lot 37 in 'the,went eight-of--way line of Rolling Meadows Drive (a 50'•pu6ilc right-of-way); .. .•: .. . . ; •• •- THENCE SOO*4:W25"E,'aiong the west right—of;way line of sa aid Roiling MeadowsDrive, distance of45 . ,00. feet to a 1/2:inch -Iron rod.set for.comer, THENCE,N891.1'35'E.: leaving the.west'rlght�of way line of sold Rolling Meadows'Drive,: a distance of . : 1015;23.feet to a.1/2`.inch.Iron rod. .found for the southeast comer of Lot 18 and the southwest cornier of''Lot 17, .Block.8,.said Summer:Creek Meadows; J ; THENCE:S8730'49'E, a;diston'ce.of 59,21 feet to a 1/2 Inch Iron :rod found:for the southeast corner of.. said'Lot;17,'and the southwest•corner.of Lot 18,'Block 8, said Summer,Creek'Meadows; i THENCE 559'10'37"E,•a'.distance of 52.95 feet,to a 1/2•inch iron'rod found for the southeast comer of f sold Lot 18, and.the southwest comer:of Lot'.19, .Block 8, said Summer Creek Meadows; THENCE S3833'28"E, a distance of 52.95 feet to a 1/2 inch iron rod found:for the sowtli,e'aet comer of sold Lot 19; and,the-northwest .corner of Lot.20.. Block B. Summer-Creek Meadows, .on addition to'the' Clty.'of Fort Worth,•Tarrant County. -Takao occ6rdirig'to.;the plat recorded in Cabinet A; Slide 5626. Plat Records, Tarrant County; Texas; �. THENCE 5061031'E.'o :distance of 52.02.feet:to a 1/2 Inch iron t6.d found for the southwest corner.of edfd.Lot 20,. and 'the northwest:corner of Lot 21,,,Block 8, acid Summer Creek Meadows; 7HENGE 500'48'15"E, o;dietanCe of, 179.30.feet to a 1/2 inch iron rod.found .for the southwest corner:of Lot:23. 81dck.'8..said Sumnier Creek Meadows in the•north' line of Lot. 25, Block 8, sold Summer. Creek' MeadowsS THENCE.S8911'35*W, a :distance of 40,00 fest'lo 6.0 inch iron rod•fou nd for the norttiwest comer of said Lot:25: THENCE,S004V25"E, along the west.line of acid Lot 25, a distance:of 155.00 feet.to;a 1/2 inch.'iron.' ' rod not for eomor'ln the south.right—of-way line :of Meddow.Vdlley Drive (a 50 public. right--of—way); •' ; THENCE.N8911'35"E, along the south right—of:way line of sold Meadow Volley Drive, a distance of 39.60.. feet Ao 'a. 1 /2.inch Iron foal found for the northwest comer.of Lot•20, Bloek 4,'said Summer Creek Meadows : THENCE S00'20'58"E, along the -west line of said Lot 20,.a'distonco:of 120.01 -fact .to tha TOiNT OF. ! BEGINNING and containing 732,728.tquare feet:'or 16.821 acres'of land; I WFLCH ENG C3. INC. CONSuc77NO ENc1NEERs 'SHEET"l JOF2 ; i 2 Jul 17 01 02:53p ZE N^ 817910 p-+ JUN-12-2001 TILE 11:00 APi INTERIM CONSTR FAX N0, 9723949249 "" ... Jun 12 D1 10:39A UNH H1•I4�tuytu r. SUMMER CREEK MEADOWS-PHASE 4 Tenant CDUDty,Texas RUddet h Draw Kaquosk No.1 SUMMARY BY CATEGORY CUMULA1rvE CRICINAL REVIsm PREVIOUS THIS DRAW BALANCE OUT3TANO1NC1 01seCWPrIaN 1 tMUT 1100M DRAWS AMOUNT REMAMG RFTAINAGf: SOFT CA, LOAN OW01HAWN FOR 111,000.0 :11,000,00 $1100 $0.00 s11AODA0 LEGAL a CLOSING FEES $20,000.00 $20.000.00 $0.00 11000 1120,000.00 APPRAISAL L ENVIRONMENTAL SSO.000AO 1110,00000 40.00 $0.00 sio.moA0 BANK LOANINTEMST 00 59800000 .00 1001 $90000.0 Sot cos1s rc I $191.09.00 1td1p0O.00 SOAP SDA* 01 0D im HARD COSTS; SIVE CLFAR{NG d EXCAVATION saZ900,00 $61,900,99 10.00 $0.00 1421000.00 WATERMAINS 404.600.00 $9000.00 $0.00 s0.00 394,570.00 SAf'3tTARY SEW6k MAIN$ taa.700.00 t0a,700.00 $000 $0,00 $94,700.00 STORM DRAINAGE 577,600,00 157,500,00 110.00 10.00 $37,100 00 PAVING s"?_W0.00 1202,600.0 $0.00 50.00 W2,400.00 RETA9NING WALLS $76,000,00 $76,000.00 $0.00 10.00 $15,000.00 MINECKHGIBLUSPRIRrSISURVEYWG $78,000.00 $76,000.00 50.0 5000 $75,00000 SOILY£STS 416,000.00 416,000.00 40.00 $0.00 318,000.99 FENCES&WALLSJWDSCAPEARKGATION 443,900.00 $43,000.00 $0.00 10.00 143.600.01 LUT BENC HNG 516,000.00 516,000,00 $0.00 $0,00 $15.000 DO CITY&CONSTRk=ION FEES $49,000.00 140=0 40.00 $000 540.000.00 CONTINGENCIES L50.000,aa 000.00 MCO 50.00 390 00 Hare Coda Ta4'd 4949,00000 $900A� W.Oo $0.00 $99>i3Ooo 00 - 10.00 TOTAL $1,100,000.00 7100.000.0 $GAD $GAO :1.100.000.10 $0.00 TOTAL THIS DRAW REQUW $0.00 CERTIFIED BY SUMMER CREEK MEAUM LP APPItOVFP BY; BY:ZSNA DEYELOPMEW COWORAT'ION. COMPASS General padw I �kheNa� WOGW E"Wm VIOe PraaMenl ,�y� 00w=1=29 AM City of Fort Worth, Texas 4Vajor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/17/01 C-18673 20ZENA 2 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMER CREEK MEADOWS, LP FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR SUMMER CREEK MEADOWS ADDITION, PHASE IV 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 CITY COUNCIL Originating Department Head: Hugo Malanga 7801 (from) JUL 17 2001 C115 541200 020115136333 $15,102.00 ` Additional Information Contact: C115 531200 020115136333 $ 906.00 City Secretary of the of City Fort Worth,Tawe Hugo Malanga 7801 City of Fort Worth, Texas "agar and Council communication DATE REFERENCE NUMBER LOG NAMEPAGE 7/17/01 C-18673 20ZENA 1 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH SUMMER CREEK MEADOWS, LP FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR SUMMER CREEK MEADOWS ADDITION, PHASE IV RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Summer Creek Meadows, LP by Zena Development Corporation, its General Partner, for the installation of community facilities for Summer Creek Meadows Addition, Phase IV. DISCUSSION: Summer Creek Meadows, LP by Zena Development Corporation, its General Partner, the developer of Summer Creek Meadows Addition, Phase IV, has executed a proposed contract for community facilities to serve a single-family (75 lots) development located in southwest Fort Worth, west of Old Granbury Road between Altamesa Boulevard and Columbus Trail (see attached map). This development is located in COUNCIL DISTRICT 6. The proposed Community Facilities Agreement is in compliance with City policy. There are three internal streets for this development and one border street, Old Granbury Road. The developer will pay for the construction of all internal streets. The developer will also pay for construction of the sidewalk along Old Granbury Road. City participation will include six and one-half feet (6.5') width of pavement along Old Granbury Road. The developer's cost for street improvements is $251,908 plus $5,038 for construction inspection fee. The City will share in the cost of constructing Old Granbury Road. The City's share for Old Granbury Road will be $16,008 plus construction inspection fees. The developer's estimated cost for storm drains is $26,615 plus $532 for construction inspection fees. There is no City participation for storm drains. Ten street lights will be installed at the following locations, at a cost to the developer of $22,000. These include the intersections of Rolling Meadows Drive and Meadow Valley Drive, Old Granbury Road and Meadow Valley Road. Street lights will also be installed along Rolling Meadows Drive (2), Meadow Valley Drive (3), Old Granbury Road (1), and Rolling Meadows Drive (2). There will be four intersections where street signs will be installed at a cost to the developer of $400. These include Meadow Valley Drive and Granbury Road, Meadow Valley Drive and Rolling Meadows Drive, and the east and west intersections of Rolling Meadows Drive. Total project cost for this development is $322,501. The developer's participation is $306,493, and the total City participation is $16,008. PLAN COMMISSION APPROVAL - On April 23, 1997, the Plan Commission approved preliminary plat (PP97012). The final plat has been submitted to City staff for review.