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Contract 27038
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, Centex Homes, a Nevada general partnership, by Centex Real Estate Corporation, a Nevada Corporation, its managing general partner, hereinafter called "Developer", desires to make certain improvements to Coventry Addition, Phase II, 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 Robert J. Romo, its duly authorized Vice 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: CNN eie(�JII U Ilo f`''��r.'1 KIp U��10 4 SECTION ONE COMMUNITY FACILITIES AGREEMENT to install WATER AND SEWER SERVICES for COVENTRY ADDITION PHASE 2 A. The City agrees to permit the Developer to let a contract for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Charter, and subject to the requirements of the City's Policies and Regulations for Installation of Community Facilities, all as current at the time of installation: WATER FACILITIES serve the lots as shown on the attached Exhibit A , and SANITARY SEWER FACILITIES to serve the lots as shown on the attached Exhibit A-1 all in accordance with plans and specifications to be prepared by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to allow the Developer to install, at his expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A . The estimated cost of these service lines is $ 31,500. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. C. The construction cost of the water facilities herein concerned, exclusive of service lines and engineering is estimated to be One Hundred Fifty-eight Thousand, Five Hundred and Sixty-two Dollars ($158,562) D. The City agrees to allow the Developer to install, at his expense, at the time all other sanitary sewer mains in this addition are installed, a service line for each lot as shown on the attached Exhibit A-1 . The estimated cost of these service lines is $ 19,500. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. E. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be Sixty-six Thousand, One Hundred Thirty-three Dollars ($66,133 �OWNCIA G11COPL PROJECT NAME: COVENTRY ADDITION PHASE 2 F. Prior to allowance of the construction contract by Developer, the Developer agrees to provide acceptable financial guarantee to the city for 100 percent of the construction of the construction costs along with payment of any Ordinance costs and fees that are applicable. Prior to the award of the construction contract by the City or the commencing of any work by the City or its contractors, the Developer agrees to pay to the City: (1) (a) One Hundred percent (100%) of the Developer's cost of all water and sanitary sewer facilities within the development, exclusive of engineering and service costs, sized to provide water and sanitary sewer service within the development. (b)One hundred percent (100%) of the Developer's cost of all approach water and sanitary sewer facilities outside the limits of the development sized to provide water and sanitary sewer service to the development. (c)One hundred percent (100%) of the Developer's cost of any approach water main facility or water facility within the development that is 8-inches in size for non-industrial development and 12-inches in size for industrial development. (d)One hundred percent (100%) of the Developer's cost of any approach sanitary sewer main facility or sanitary sewer facility within the development that is 8-inches in size. (2) An additional ten percent (10%) of the total of the Developers cost of these water and sanitary sewer facilities, exclusive of cost of service lines, is required for design engineering if such engineering is performed by the City at the Developer's request. (3) One hundred percent (100%) of the Developer's cost of all service lines, estimated under 1-13 and 1-D above, in accordance with the provisions of the current Fort Worth City Code. (4) A construction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construction cost (including all services) of the water and/or sanitary sewer facilities. G. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: w UMMU PEND) 1-2 �1,r.Ar��1ff^,,,f'!np'���I(,�Uv�'�yl�''�G•�/\n� PROJECT NAME: COVENTRY ADDITION PHASE 2 (1) WATER FACILITIES : Estimated ** Developer Estimated Total Cost City Cost Cost (a) Mains, Within Development $ 125,475 $ 31,977 $ 157,452 Approach $ -0- $ -0- $ -0- (b) Easements* $ -0- $ -0- $ -0- (c) Services 105 - single 1") $ 31,500 $ -0- $ 31,500 (d)Park Participation $ -0- $ 1,109 $ 1,109 Sub-Totals, Water $ 156,975 $ 33,086 $ 190,061 (2) SANITARY SEWER FACILITIES: (a) Development $ 64,580 $ -0- $ 64,580 Approach $ -0- $ -0- $ -0- (b) Easements * $ -0- $ -0- $ -0- (c) Services ( 65 -4") $ 19,500 $ -0- $ 19,500 (d)Park Participation $ -0- $ 1,553 $ 1,553 Sub-Totals, Sewer $ 84,080 $ 1,553 $ 85,633 (3) TOTAL CONSTRUCTION COST: $ 241,055 $ 34,639 $ 275,694 (4) CONSTRUCTION INSPECTION FEE : $ 4,821 $ 693 $ 5,514 *to be dedicated by the developer. ** see Page 1-4 for City Cost ** CITY PARTICIPATION BREAK-DOWN FOR: COVENTRY ADDITION PHASE 2 WATER FRONT FOOTAGE CALCULATIONS OPTION A: (Perimeter of Subdivision Adjacent to Park) /6 Total Front Footage = 3306 L.F. /6 = 551 L.F. OPTION B: (Linear Feet of Water Line Adjacent to Park) Total Front Footage = 507 L.F. Front Footage Calculation use lesser of Option A and Option B = 182 L.F. WATER FRONT FOOT CHARGE : 507 L.F. X $8.75 = $ 4,436/4 = $1,109 OVERSIZED WATER MAIN (Developer pays up to 10"water line; City pays the difference between 16"/10" water line, gate valves and fittings.) 16710" Water Line ($40-$24) averaged costs 1,568 L.F. x $16 = $ 25,088 16"/10" Gate Valve ($6,587-$1,182) 1 Each x $ 5,405 = $ 5,405 16710" Fittings ($2,969/ton) .5 ton x $2,969/ton = $ 1,484 Subtotal $ 31,977 SEWER FRONT FOOTAGE CALCULATIONS OPTION A: (Perimeter of Subdivision Adjacent to Park) / 6 Total Front Footage = 3306 L.F. /6 = 551 L.F. OPTION B: (Linear Feet of Sewer Line Adjacent to Park) Total Front Footage = 507 L.F. Front Footage Calculation use lesser of Option A and Option B =182 L.F. SEWER FRONT FOOT CHARGE : 507 L.F. X $12.25 =$6,211/4 =$ 1,553 TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT _ $1,109+ $1,553 +31,977= $34,639 I-4 .wk.. PROJECT NAME: COVENTRY ADDITION PHASE 2 H. The above charges do not include any front foot charges for connection to existing or proposed water and/or sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACH MAIN OPTION" as described in Section III of the Policy for the "INSTALLATION OF COMMUNITY FACILITIES" adopted in September, 1992. These additional charges are as follows: 1. Applicable to this Contract in the amount of $ N/A. by Contract No. N/A dated N/A Applicable CFA Name N/A Date: N/A Number N/A I. When water facilities are installed by contract, installation of water services will be included as part of the contract. Installation of meter boxes on those services may be done by the City, after completion of construction of all relative curb and gutter work on the water facilities project site, at a cost of$70/$135 per contract-installed charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract. The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform City standards. J. Within a reasonable time after completion of the above referenced facilities to be constructed by contract awarded by the Developer, provided all conditions for City participation have been met, the City agrees to pay the Developer the "Estimated City Cost" set out in 1-G above; provided, however, that said payment shall be calculated using the actual construction costs and actual service costs under the provisions of the current Fort Worth City Code, (said payment to be calculated as in 1- G above), based on actual quantities as reflected in the final estimate paid to the Contractor by the Developer and on the actual records of cost kept by the City as a part of its customary procedures. In the event the difference in the deposit and the actual costs exceeds $25, Developer agrees to pay to the City and underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment. OFFIC8 d d PECOD Fy. G i �G'��, Ta. PROJECT NAME: COVENTRY ADDITION PHASE 2 K. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. In the event water and/or sanitary sewer facilities work is not completed within the (2) year period, City may, at its election, complete such work at Developer's expense. L. It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project. M. 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 or any nature whatsoever brought for, or on account of any injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the developer, its contractors, subcontractors, agents or employees, whether or not caused, in whole or in part, by the negligence of officers, agents, or employees of the City. RECOMMENDED: Dale A. Fisseler, P.E. Director,Water Department Date COMMUNITY FACILITIES AGREEMENT to install STREET, STORM DRAIN, STREET LIGHT AND STREET NAME SIGN IMPROVEMENTS FOR COVENTRY ADDITION, PHASE II A. The Developer agrees to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B-1, C, and D, B. The Developer agrees to comply with all city accepted practices, ordinances, regulations, as well as provisions of the City Charter, the City Subdivision Ordinance, City Design Standards and the current Policy for Installation of Community Facilities in the design, contracting and installation of required "current improvements". C. The Developer agrees to comply with the General Requirements contained herein (Attachment A). D. As shown on the attached "Summary of Cost", the Developer agrees to fund his share of "current improvements" and to pay the City for his share of the cost of street, storm drainage, street lighting, street name sign and other community facilities shown as "future improvements" on the attached Exhibits B, B-1, C, and D. Payment is due at the time this agreement is executed by the City and the Developer. E. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to be $1,125,911. In accordance with the City's current Policy for Installation of Community Facilities as shown in the Cost Summary on page 3. The Developers shall contribute Dollars $986,226 of the total amount. The City shall contribute Dollars $48,643 (TPW) and $91,042 (Parks and Community Services). F. Developer agrees to provide, at his expense, all necessary rights of way and easements required to construct current and future improvements provided for in this agreement. 1 L�ao G. Developer agrees to relieve the City of any responsibilities for any inadequacies in the preliminary plans, specifications and cost estimates supplied for the purpose of this contract. H. Developer also agrees to install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied until improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer agrees to complete the improvements covered by this agreement within 90 calendar days after having been instructed to do so, in writing, by the Director of Transportation and Public works. It is understood that the developer will initiate the construction of all improvements to conform with his own schedule, except for those improvements which the Transportation and Public Works Director deems necessary for the proper and orderly development of the area. In the event Developer fails to carry out any such instructions within the 90-day period, the Developer gives the City the right to design and award a contract, and inspect the improvements in question, and agrees to pay to the City prior to the award of the contract, the amount of the low bid. L. Developer participation in "current improvements" shall not exceed 125% of cost shown in Summary of Cost. 2 QJ ppc "� SUMMARY OF COST COVENTRY PHASE II Item Developer City Cost Park Total Cost Cost A. Construction 1. Streets $ 594,456.00 $ 45,890.00 $ 26,584.00 $ 666,930.00 2. Storm Drainage $ 339,393.00 $ - $ 54,835.00 $ 394,228.00 3. Street Lights $ 33,000.00 $ - $ 33,000.00 4. Street Name Signs $ 700.00 $ - $ - $ 700.00 B. Engineering Design $ - $ 2,753.00 $ 4,441.00 $ 7,194.00 C. Construction Engineering and Management by DOE (2%) $ 18,677.00 (") $ 5,182.00 $ 23,859.00 TOTALS $ 986,226.00 $ 48,643.00 $ 91,042.00 $ 1,125,911.00 NOTES; 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. 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 Inspection Fees. 4. City not preparing plans and specifications. CFA CODE: 20072 CASE No. PP99026 (Dated 4/26/99) 3 �_��JG�D E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 6 EA $ 2 , 000 $12 , 000 .00 MID-BLOCK RESIDENTIAL 5 EA $ 2 , 000 $10 , 000 .00 CHANGE OF DIRECTION RESIDENTIAL 4 EA $ 2 , 000 $8 , 000 . 00 MID-BLOCK COLLECTOR 0 EA $ 2 , 000 $ --0-- MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2 , 000 $ --0— MID-BLOCK ARTERIAL MEDIAN 0 EA $ 2 , 200 $ __0__ RELOCATE EXISTING LIGHT 0 EA $ 1500 $ __0__ Subtotal $30 , 000 . 00 City' s Cost $ ---0--- Developer' s Subtotal $30 , 000 . 00 10% Contingencies $3 , 000 . 00 Project Total $33 , 000 . 00 Adjacent Developer' s Cost $ __0__ Developer' s Cost $33 , 000. 00 2% Inspection Fee $ 000 . 00 COVENTRY PHASE II November 8, 2000 Fort Worth, Texas November 8, 2000 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 Plorks 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 iv.,-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/,-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 $33, 000.00 COVENTRY PHASE II Fort Worth, Texas November 8, 20 Lg�r ����� III- 2 INTERSECTIONS HEMPHILL ST & BRASENOSE ST----- 1 HEMPHILL ST & NUFFIELD LN------ 1 WOLFSON ST & MERTON CT-------- 1 WOLFSON ST & NUFFIELD LN------ 1 BALLIOL LN & ORIEL CIR-------- 1 BALLIOL LN & BRASENOSE ST----- 1 MID-BLOCK RESIDENTIAL HEMPHILL ST------ 3 BALLIOL LN------- 2 CHANGE OF DIRECTION NUFFIELD LN------ 1 MERTON CT-------- 1 BALLIOL LN------- 1 ORIEL CIR-------- 1 COVENTRY PHASE II November 8, 2000 U'uo 'a,ENO Tao ammk 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 seven (7) intersections at a cost to the Developer of $700 . 00 : Balliol Lane and Brasenose Street Brasenose Street and Hemphill Street Balliol Lane and Oriel Circle Balliol Lane and Nuffield Lane Nuffield Lane and Hemphill Street Nuffield Lane and Wolfson Street ti:ertcn Court and Wolfson Street 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 Citv. 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 Citv. COVENTRY ADDITION PHASE II Fort Worth, Texas November 27 , 2000 IV-1 P � s ADDENDUM The following constitutes an Addendum to be read and construed with and as a part of that certain Community Facilities Agreement, heretofore entered into by and between the developer Centex Homes. Robert Romo, Developer and the City of Fort Worth, a municipal corporation in Tarrant County, Texas dated , and designated as Contract No. ,in the office of the City Secretary of the City of Fort Worth, Texas. (1) The developers and the City hereby agree as follows: A. Although the developer is not deeding public park land to the City , the developer has agreed to construct street frontage along Balliol Lane, that is adjacent to an existing park, Deer Creek. B. The developer agrees and acknowledges that in order to receive reimbursement for city participation on park related infrastructure improvements that it will be necessary for the contractor to be selected by the sealed bid method after advertisement in a local newspaper. The public sealed bids shall be opened in the presence of a representative of the City in the City Municipal Building. The developer also acknowledges that they will abide by all of the applicable regulations contained in the City's Policy for the Installation of Community Facilities. C. Developer agrees to have or to cause to have the said above described area,which is so with plans and specifications as approved by the City Parks and Community Services Department. D. Developer agrees to provide a minimum of six (6")inches of topsoil over areas of cut or fill within the designated park areas. The topsoil shall be relatively free of rock and other debris. E. Developer agrees to seed areas of cut or fill with suitable grass as determined by the City Parks and Community Services Department. F. Developer agrees to have or to cause to have suitable clean-up of the park areas as determined by the City Parks and Community Services Department prior to deeding of said areas to the City. This would include,but not be limited to,removal of trash and construction debris deposited on the said park areas. G. Developer agrees that there shall be no transfer of interest in said park area, either express or implied, prior to deeding, of said areas to the D:\CF.U\COVWMYADDMOMkEVlSEDCOVEKMYCFA 04-10-01%COVNEIAY PHASE U ADOFNDU?d WN IS L KH.&C c,�rIT City without the consent of the City Manager, City of Fort Worth. H. The Developer will, at the time of dedication of the park, provide the Parks and Community Services Department with final plat drawings of the park that will be submitted and filed by the Parks and Community Services Department. The drawings will be provided at the expense of the Developer. I. The City Parks and Community Services Department's participation in this contract as to land acquisition, development and maintenance is subject to City Council approval and adequate funding of the project. Recommended: Richard Zavala, Director Parks and Community Services Department DACFA�\COVEKMYADDMOM kFV0E0 COVENTRY CFA 07-10 01\COV.IYMY PHASE E ADDENDON_EEVHED RHAx K, R@ (C-Ar zc���`�IAUART R x,0,41b,TU. WATER AND/OR SANITARY SEWER FACELITIES ATTRIBUTABLE TO PARK DEPARTMENT A. One half of the front foot charges of the water facilities herein concerned exclusive of service line and engineering attributable to the Parks and Community Services Department is estimated to be $1,109.06 B. One half of the front foot charges of the sanitary sewer facilities herein concerned exclusive of service line and engineering attributable to the Parks and Community Services Department is estimated to be $1,552.69 C. The City's shares of water and sanitary sewer costs for services to the proposed park will be due and payable to the developer upon; 1. Completion of the related water and sanitary sewer facilities. 2. Delivery of required park construction documents related to the park property to the Parks and Community Services Department. Whichever event occurs last. Recommended Richard Zavala, Director Parks and Community Services Department MWTA ICOVENMY ADDRIONAEVISFD COVENTRY CFA 01-1"I1COVNEMY PEASE D ADDFMION_REVISM RRd- PAVING FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot charges of park paving, including design, engineering, administration and inspection contingencies attributable to the Parks and Community Services Department at an estimated cost of $29.726.95 B. The City's share of park paving costs to the proposed park will be due and payable to the developer upon: 1. Completion of park paving and associated construction and grading;and 2. Delivery of title to the park property to the City. Whichever event occurs last. Recommen d, Richard Zavala, Director Parks and Community Services Department WCFAsTOVENTRY ADDMONWh4M COVENTRY CFA 0I-I611\CO Y OH_REVMMFRd- UFFicu Uri Ell' / �� STORM DRAINAGE FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot charges of storm drainage extensions and improvements, including design, engineering, administration and inspection contingencies attributable to the Parks and Community Services Department at an estimated cost of$61,315.50 B. The City's share of park paving costs to the proposed park will be due and payable to the developer upon: 1. Completion of storm drainage improvements, restoration of turf and vegetation on the disturbed areas due to the associated construction and grading; and 2. Delivery of title to the park property to the City. Whichever event occurs last. Recommended, Richard Zavala, Director Parks and Community Services Department D:1CFAeCOVENnYADDMONAEVISID COVENTRY CFA 01-l"I`.COVNEMY PHASE HUj ADDEND dec r r 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 OFACIA,I tECO FT. + F. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds with respect to water and/or sanitary sewer facilities or street, storm drain, street light and street name sign shall cease upon the expiration of two (2) years from date hereof, except for refunds due from "front foot charges" on water and sanitary sewer mains, which refunds may continue to be made for a period of ten (10) years commencing on the date that approach mains are accepted by the Director. If less than 70% of the eligible collections due to the developer has been collected, the Developer may request in writing an extension of up to an additional 10 years for collection of front charges. If the construction under the Community Facilities Contract shall have started within the two-year period, the life of the Community Facilities Contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all updated agreements being in compliance with the policies in effect at the time of such renewal. Developers must recognize that City funds may not be available to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities Contract that any of the facilities or requirements included in the contract that are to be performed by the developer, but not performed by the developer within the time periods stated above, may be completed by the City at the developer's expense. The City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled. G. PERFORMANCE AND PAYMENT GUARANTEES 1 . For Street, Storm Drain, Street Light and Street Name Sign Improvements to be Constructed by the Developer or City on Behalf of the Developer: Performance and Payment bonds or cash deposits acceptable to the City are required to be furnished by the developer for the installation of streets, storm drains, street lights, and street name signs, on a non- assessment basis, and must be furnished to the City prior to execution A-2 !�rV A:� DoEC o.)Vo,,, ••■ ar 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 OT'% ay a r 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 � QJ t11h':��W U15�1. 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 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 !4FRNAc G�f�OOJD 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 AOk AMM. 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 Rk V y\/\/ P �Ir� I) 1Y��I.�11NN Y�\I AAk 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 �MCIA I ilECORD (NIN r'M X8,1 � r► .•. caused, in whole or in part, by the negligence of officers, agents, or employees of the City. 5. Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens), sex or age, unless sex or age is a bonafide occupational qualification, subcontractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is discriminating against any individual involving employment as prohibited by the terms of such Ordinance No. 7278 (as amended by Ordinance No. 7400). K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. L. The City's Policy for the Installation of Community Facilities, as adopted by the City Council on September 1992, is hereby incorporated herein by reference, and Developer covenants and agrees to comply with said Policy as a condition of this contract and as a condition to the platting of the subject property. M. The following descriptions of work apply, as appropriate, to the areas included in the Community Facilities Agreement: 1. STREETS Streets as shown in Exhibit B will be in accordance with plans and specifications prepared by the Owner's engineer and approved by the Director of Engineering. 2. STORM DRAINAGE Storm drain as shown in Exhibit B — 1 will be in accordance with plans and specifications prepared by the Owner's engineer and approved by the Director of Engineering. A-10 Auk .� 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 FullT.' ry ._�i�Jo Uhl, A00.► A-1k 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 instrument in quadruplicate, at Fort Worth, Texas this the � iday of _ e o.�' , 20 . APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: Gary J. Steinberger f�ransportion langa, Director Assistant City Attorney and Public epartment ATTEST: CITY OF FO T OR H, TEXAS By Glori Pearson Mie roomer City Secretary Assistant City Manager / 920 -/ A-12 Contract Authorization Date U 9 Aft Amok Developer: Centex Homes a Nevada general partnership By: Centex Real Estate Corporation a Nevada Corporation Its managi n en al partner B : Robert J. Ro , Vice President rpTR I ���.!'rr�Wy IIl51No y: SCH00 Z� i t" Z' 7 WORTH O.• - a �.,. 01 O'S YC Z;S TR o @A I RP m:o :•C I I 7 LZ R7SINGE t .�o N' �n / Z — ROWLEY CLE RNE ,CLUCK I rl L .I / LIMIT PROJECT `•� I � LOCATION I� 35w woRTHI c .' I CROWLEY DEER I� _ ' I CREEK v �• Crowley �.a ' mete it f 1187 —a� • FORT S;: t CROWLEYi EURLESON NORTH„ 1 WORTH ; SPINKS c; r s 731 ��� LIMIT AIRPORT" ORT �' O.� K1MIT.j3 `I------------ - ............ �o CITY LIMIT 1 NOT TO SCALE LOCATION MAP LOCATION MAP COVENMY P SFR OA �)ELuog "M Ca t ass 3880 I Fort n (817) 733-6000 Fox PROJECT NO. 010565.010. 1.0001 ncN=ai t ob\010565\c i v\565 I cfa. dgn PAGE 1 OF 2, N 2D 19 SCALEi 1" = 200' 40 JT I V' 13 12 0 11 17 y 10 ti 1* 16 � a J 6 s J 2 1 1 7 I 1 I 5 o M © 28 29 30 31 32 3J 3a JS 36�, 3 a ! 27 zs 25 24 2 22 ?1 20 rN c±l O m Cc 1 I 19 '3 e3 II 12 82 (3 14 Is 16 17 le of I e0 10 9 a ® I 1 7 6 5 4 J 2 ' 79 76 43 77 76 75 7* 73 72 71 70 42 ® O 41 Q 6 I 61 62 63 ' 64 65 66 67 69 69 4 0 60 RT ,� \ \� 39 \ C r• 38 59 37 58 57 56 55 54 53 52 51 50 49 I i WATER LEGEND EXHIBIT 'A' PROP. WATER L INE PROPOSED WATER LINES ARE COVEN'T'RY PROP. GATE VALVE 8" UNLESS OTHERWISE PROP. FIRE HYDRANT INDICATED PHASE II EXIST. WATER LINE C� Carter��Burge:. EXIST. GATE VALVE w---- ugh dd Cp r� �"�� E�U1tiL' CARTER & BURGESS,INC. EXIST. FIRE HYDRANT � ;;;'�����% r 3880 Nulen street �"�U Man fort WortR Tx 76107-7254 LIMITS OF PROJECT ¢ <e17) 735-6000 Fox (OM 735-E v1j �Wg it;fin PROJECT N0. 010565.010.1.00. nr n 1 nSFS\r t v\�r5 I r.fn,dan till I((5 PAGE 2 OF r. r r. 21 20 /9 SCALE& 1" = 200' 13 18 12 O " 17 `y 10 q 14 16 g 0 15 8 ` 6 5 + 3 2 1 7 ' 1 S I S T J5 J6"C' © 18 ?9 JO JI 32 JJ 34 n J r-1 x 2 � m 27 26 25 24 ® 22 21 20 f ' o LE � 83 11 12 13 18 82 14 IS /6 17 ` BI ` 80 10 g ® 1 8 7 6 S 4 3 ? 79 78 43 77 76 75 74 73 72 71 70 �Y, 42 O 41 ` ' 61 62 63 6.1 C1 10 60 65 66 67 68 69 RT N CCURT \ \� 39 \ Je 59 37 58 57 56 SS 54 SJ 52 SI 50 49 1 1 1 1 1 SANITARY SEWEF EXHIBIT 'A-1' LEGEND COVENTRY PROP. SANITARY SEWER PROPOSED SEWER LINES ARE PHASE II 8" UNLESS HERWISE PROP. MANHOLE INDICATED , I U a �� C�i EXIST. SANITARY SEWER �U�D B � � 1 Carter::Burges CARTER 8 BURGESS,INC. EXIST. MANHOLE 0Q ^^ 3880 Hulln Street Fort 1.Orh, Tx 76107-725e LIMITS OF PROJECT y� (W) T35-6000 Fox c 8171 T3s-61 1u PROJECT NO. 010565.010. 1-000' DCN=a: \ I ob\01 0565\c 1 v\565 1 cfc. dgn PAGE 3 OF \ 21 ` `20 SCALE% 1" = 200' \: \ \ 19 \ e/ \ ` 12 \\ 17 10 \ 14 /6 \ 9 15 LEGEND 77 PROP. 29' 8-8 ROADWAY/50' ROW s ` \ 3 2 I \\ PROP. 27' 8-6 LANE/120' ROW \\ WITH MEDIAN OPENING AND \� \ s TURN LANES \ \ 4 O ET `\ PROP. 6" TEMPORARY ASPHALT 28 24 JO JI 52 JJ 35 36.`r. \� PAVEMENT 34 [': \ G ` PROP. CITY' S SHARE OF 27 26 zs 24 23 22 21 20 \\ ` PAVEMENT COST O L \` 1 C 19 \` LIMITS OF PROJECT \ 83 ` 11 12 IJ 18 \ 82 14 15 16 17 `\ 81 ` 80 10 9 ' 8 7 6 5 4 J 2 \ . 79 \ ` 78 43 \ 77 76 � 75 74 73 72 71 70 2 \\ 041 \ �, i \ ' 61 62 \ 63 64 40 \ \ ' 60 65 66 67 68 63 � \ N RT Y C T 39 �\ JB \ 59 \` 37STREETS 58 57 56 SS 54 53 52 51 50 49 \ ( I I I ! ! 6. 5' EXHIBIT 'B' COVENTRY PHASE II Cl )M(fin �n CARTER & BURGESS,INC. fo (�1� �Ut1D 70 3880 Mulen Street CCCCUUUU [ Fort Worth. Tx 76107-7254 (817) 735-6000 Fax (8171 735-614 PROJECT NO. 010565.010. 1-0001 ON g,\)ob\01 0565 c(V\56 5 1 cf0.dqn PACE 5 OF - N SCALE( V = 200, rn o ^,f 21 20 19 ♦ 1 �ytiati 13 fe i + LEGEND It 12 r, PROP. STORM DRAIN LINE PROP. INLET T 10 14 16 PROP. MANHOLE y 0 rs PROP. HEADWALL e EXIST. STORM DRAIN LINE 6 7 f LIMITS OF PROJECT f 5 . I I g T 4 28 29 JO Jt 32 SJ 34 35 36 © 3 a 2 rl 1 m 27 26 25 24 23 22 71 20 f ' ORJF-L CIRCLE I 19 83 rr r2 821 3 1� 15 16 17 r8 8l 80 /0 9 8 7 0 2 79 O 27" 60" 0, 3" 7B 43 77 76 75 73 �7 74 72 71 70 O 42 N 4 1 ` STO RM D RAI N ' 6/ 61 65 64 O ` 60 RT iv65 66 67 68 69 \ 'oJy \ EXHIBIT 113-11 3� C T \'*, 39 COVENTRY 59 J J7 PHASE II 58 00 57 56 55 5/ 53 51 51 so 19 �i Carter:1 Burge: OD CARTER 3 BURGESS,INC. 3880 Hut en Street Fort Worth. Tx T6101-T2S4 (817) 735-6000 Fax (81 T) T35-6 000 LU_� PROJECT NO. 010565.010.1.00" DGN=q3\)ob\01 0565\civ\5651 cfa. dgn �J � PACE 4 OF 'I zr N 20 • /9 SCALES V = 200, I I IJ Id I O I/ I7 ro 14 16 9 0 Is 8 6 S 4 J 2 I 7 e1 1 ' 3 4 Z I S T 28 19 JO 31 J? JJ 34 3 5 J6� 1 27 X ?5 24 2j 22 2/ 20 1 ORIEL 1 I ® URC E 1.9 83 ® T 11 17 "� 82 13 14 15 16 I7 /8 1 81 1 ' 80 10 9 8 7 ® 2 r 1 6 5 4 J I 79 �! 78 ® 4J 77 76 75 74 73 72 71 70 `L' 42 O 41 I 6/ 62 G 63 6465 66 67 68 69 � 40 60 ® RT v C T �� `ry 39 ® 38 59 jr 58 57 56 55 54 53 52 5/ SO 49 STREET LIGHTS LEGEND EXHIBIT 'C' CROP. SINGLE STREET LIGHT COVENTRY A IST. SINGLE STREET LIGHT p PHASE 11 ON STEEL POLE WITH STREET SND STOP SIGNS ATTACHED) )ROP. STREET SIGN Carter-:Bur ges 4d[?� CARTER 9 ,INC. :XIST. STREET SIGN 38e0 Nu1an streot 54 LIMITS OF PROJECT (81 7 735-6000 FoxO(817) 735-614 DGN=91\J obi 010565\c I v\565 1 cfa. dgn PROJECT NO. 010565.CE .6.0001 EXISTING PARK PROPERTY zl 20 l9 13 18 f v 12 �— y10 11 )7 1 P 10 14 16 8 f ( 6 5 4 J 2 ) 6 7 PARK EXHIBIT 'D' COVENTRY PHASE II C2 Carter n Burges: CARTER & BURGESS,INC. 3880 Hurn Street Fort Worth. Tx 76107-7254 (817) T35-6000 Fox (817) T35-614 r,N=qs \job\01 0565\c t v\5651 cfa. dqn PROJECT NO. 01 PAGE 1T 0. 1.0 7 1 r _ DEVELOPMENT BOND GUARANTEEING PERFORMANCE AND PAYMENT OF IMPROVEMENTS Bond No. 6111082 KNOW ALL MEN BY THESE PRESENTS, that we, CENTEX HOMES as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized and existing under, the laws of the State of WASHINGTON and fully authorized to transact business in the State of Texas, as surety, are held and firmly bound unto CITY OF FORT WOR:-1H, i r.XAS, 1000 T'nroclenorton Street. Fort Worth Texas. 76102-_ as Obligee, in the penal sum of ONE MILLION FIVE HUNDRED THOUSAND & NO/100-----hawful money of the United States of America.., for the payment of which weil and truly to be made, we bind ourselves, our heirs, executors, adm.inist±ators, successors and assigns,jointly and severally, ttrmi;: by these presenu. WHEREAS, CENTEX HOMES has agreed to construct in COVENTRY ADDITION, PHASE 2 in the CITY OF FORT WOR1H, ZY.AS the following i noroveanents: WATER, SANITARY SEWER, STORM DRAIN AND PAVING WHEREAS, in the event of bankruptcy, default or other nonoerfornarce by Principal, claims against Principal or the development, Obligee may be left without ade-quate satisfaction. NOW, THEREFORE, THE CONDITION OF -7r.IS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein desc^bed, and shall pay for the cost of all labor, materials and equipment furnished in connection with the construction of said improvements, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete the construction of said improvements or by reason of its failure to pay for the cost of same, then this obligation shall be null and void, otherwise to remain in full force and effect; and upon receipt of a resolution adopted by the City Council of the City of Fort Worth indicating that the construction of said improvements has not bei completed, or that the costs for same have not been paid, the Surety shall complete construction of said improvements, and will pay all costs for construction of said improvements, or will pay to the City of Fort Worth such amount up to the amount of this bond which will allow the City of Fort Worth to comolete construction of said imorovements and to pay for the costs of same. PROVIDED FURTHER, that this bond shall automatically be increased by the amount of any change order, supplemental agreement or amendment which inc--ease the price of the aforementioned contract. PROVIDED FUR7HER, that if any legal action be filed on-jais bond, the laws of the State of T exas shall apply and that venue shall lie exclusively in Ta=t County, Texas. AND PROVIDED FURTI- FE that the said surety, for value re^„eived, hereby stipulates and agrees that no change, e..-aension of time, alteration or addition to the terms of any contract for the public affect its obligation on this bond_ and it does hereby waive notice of any such change- 'on of time, alteration or addition to the terms of such contract. This bond is given pursuant to the provisions of Sermon 212.073 of the Te.-= Local Government Code, as such may amended from time to time. Signed, sealed and dated this 3RD day of _APRIL ,2001 CENTEX HOMES, a Nevada General Partnership SAFECO INSURANCE COMPAN OF AMERICA Principal Surety B ALLYSON DEAN, TTORNEY-IN-FACT I COMO Nr,Y" U�c v�'JJ UtlUp y a ..L ... POWER 4FECO INSURANCE COMPANY OF AMERICA C S A ■ CC) 3ENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ************LA\k'RLNCE W.WALDIE,CARMEN MIMS;BRIAN M.LEBOW,DEBORAH GRIFFITIL ALLYSON DEAN,DOROTIIY VALEK;Dall2s.'I'c�ae************# its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day of February 2000 RA.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-0f--attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-0f-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this L day of 1 FCO o� �Ny� SJ�P�CMpq�o CORPORATE SEAL s SEAL al 19513 of "� .182's �rF0f WAS M �d��Of WdS�` �J RECOO RD RA.PIERSON,SECRETARY S-0974/SAEF 7/98 :, 6'`:V FIN, Ve ®Registered trademark of SAFECO Corporation. 2/23/00 PDF f City of Fort Worth, Texas 4velljor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/9/01 C-18707 1 2000VENTRY 1 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR COVENTRY ADDITION, PHASE II RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes for the installation of community facilities for Coventry Addition, Phase 11. DISCUSSION: Centex Homes, the developer of Coventry Addition Phase I, has executed a proposed contract for community facilities to serve a single-family development (238 lots) located in southwest Fort Worth, west of 1-35W north of FM1187. (see attached map) The proposed Community Facilities Agreement is in compliance with City policy. There are five internal streets for this development and one border street, Hemphill Street. The developer will pay for the construction of all internal streets. The City will share in the cost of constructing Hemphill Street, an arterial border street. Half the street will be constructed now as part of this development. The developer's share for street improvements is $594,456 plus $11,889 for construction inspection fees. The City's share for Hemphill Street will be $48,643 plus construction inspection fees. The developer will pay for the construction of sidewalks along Hemphill Street. City participation will include six and one-half feet (65)width of pavement along Hemphill Street. The developer's estimated cost for water and sewer is $241,055 plus $4,821 for construction inspection fees. Water Department's participation is $34,639 for construction inspection fees. The developer's estimated cost for storm drains is $339,393 plus $6,788 for construction inspection fees. There is no City participation for storm drains. On November 21, 1995, the City Council adopted the Park Policy which states: "The City will bear the cost of all improvements including streets, water, sewer and storm drainage normally considered for cost distribution to the frontage directly related to the park site." The Parks and Community Services Department participation based on the linear feet of the street frontage on Balliol Lane (507 feet), will be $93,704. Fifteen street lights will be installed at the following locations, at a cost to the developer of $33,000. These include the intersections of Hemphill Street and Brasenose Street, Hemphill and Nuffield Lane, Wolfson Street and Merton Court, Wolfson Street and Nuffield Lane, Balliol Lane and Oriel Circle, and Balliol Lane and Brasenose Street. There will also be three street lights located along Hemphill Street, two street lights located along Balliol Lane, and street lights located on Nuffield Lane, Merton Court, Balliol Lane, and Oriel Court. , a City of Fort Worth, Texas 4varjor and Council Communication DATE REFERENCE NUMBER "' NAME PAGE 8/9/01 C-18707 2000VENTRY 2 of 2 SUBJECT COMMUNITY FACILITIES AGREEMENT WITH CENTEX HOMES FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR COVENTRY ADDITION, PHASE II There will be 7 intersections where street signs will be installed at a cost to the developer of $700. These include Balliol Lane and Brasenose Street, Brasenose and Hemphill Street, Balliol Lane and Oriel Circle, Balliol Lane and Nuffield Lane, Nuffield Lane and Hemphill Street, Nuffield Lane and Wolfson Street, and Merton Court and Wolfson Street. Total project cost for this development is $1,409,088. The developer's participation is $1,232,102. The total City participation is $176,986. This development is located in COUNCIL DISTRICT 9. PLAN COMMISSION APPROVAL - On June 23, 1999, the Plan Commission approved preliminary plat (PP99026). The final plat has been submitted to City Staff for review. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund, Parks and Community Services Fund, and the Water and Sewer Capital Projects Funds. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Hugo Malanga 7801 (from) AUG 9 20M C115 541200 020115136332 $45,890.00 Additional Information Contact: C115 531200 020115136332 $ 2,753.00 Aw.yu..J C181 541200 080181046210 $93,704.00 City Semetat,of the P160 539140 060160151410 $33,086.00 City of Port Wor&4 Texas P170 539140 070170131440 $ 1,553.00 Hugo Malanga 7801