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Contract 26738
A COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No.--;,?&7 D WHEREAS, MHI Partnership, hereinafter called "Developer", desires to make certain improvements to Remington 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 George Haught, 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: IDuulh Ur,, AIW SUMMARY OF COST REMINGTON POINT PHASE 11 Item Developer Park City Cost Total Cost Cost Cost (TPW) A. Construction 1. Streets $ 197,505.00 $ 22,030.00 $ - $ 219,535.00 2. Storm Drainage $ 53,724.00 $ 4,785.00 $ - $ 58,509.00 3. Street Lights $ 15,400.00 $ - $ - $ 15,400.00 4. Street Name Signs $ 100.00 $ - $ - $ 100.00 B. Engineering Design 1 $ 1,609.00 $ - $ 1,609.00 C. Construction Engineering and Management by DOE 7%) $ 5,025.00 $ 1,877.00 $ - $ 6,902.00 TOTALS $ 271,754.00 $ 30,301.00 (`) $ 302,055.00 NOTES: 1. Forty-two (42) feet and wider street include sidewalk cost. 2. Construction items (1-3) 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. 5. Park Department participation for streets adjacent to City Park is $30,301.00 CFA CODE: 99104 CASE No. PP97-024 3 CUD RY ,�r�Cnj V E K C&B No. 991260010 Page 3 CARTER & BURGESS, INC. 3880 HULEN STREET, FORT WORTH, TEXAS 76107 PHONE NO. (817) 735-6000 or Metro (817) 429-0170 REMINGTON POINT PHASE 11 3 NOVEMBER 1999 PAVING - fT—EiW#-;DESCRIPTION df-Y U-NFT-- -fii�—lC-E -----AM-0- ij-N-T 1 29' _B- )_STREETS 2,565 L.F. 70.00 179 L550.00_ JOTALPAVING 550.00 CITY PARTICIPATION PAVING :ffEM# 'DESCRfPi4--TlO ---'- QTY UNIT PRICE AMOUNT HALF OF 545 L.F. 35.00 : 19,075.00 2 ,6% OF ENGINEERING COST 19,075 , E.A. 0.06 -1,144o-50 :TOTAL PAVING $20219.50 , ON 2"cImpy G:\JOB\991260\EST\PH2-CFA.WK1 R.FOOPHN M. C&B No. 991260010 AdW* Page 4 4 } CARTER & BURGESS, INC. 3880 HULEN STREET, FORT WORTH, TEXAS 76107 PHONE NO. (817) 735-6000 or Metro (817) 429-0170 'I ----J REMINGTON POINT PHASE II 3 NOVEMBER 1999 _M#_ STORM DRAIN SYSTEM _ _ ITEDESCRIPTION QTY UNIT PRICE AMOUNT 1 54" RCP 90 L.F. 115.00 10,350.00 ' 1 33" RCP 200 L.F. 64.00 12,800.00 1 '27" RCP 50 L.F. 48.00 ! 2,400.00 . 1 24" RCP 40 L.F. 44.00 1,760.00 , 2 21" RCP 50 L.F. 40.00 _2,000.00 ' _ 3 TRENCH SAFETY_ _ _ 430 L.F. 1.00 ; 430.00 4 STD 15' CURB INLET_ —_ 2 EA. 2,700.00; 5,400.00. 5lSTD 10' CURB INLET - -- 2 EA. 2,400.00 4,800.00 6 ,54" HEADWALL _ _ _ 1 EA. 3,400.00 ' 3,400.00; _ 5 .5' SQUARE MANHOLE _ 1 EA. 3,000.00 3,000.00 . _ 6 �4' SQUARE MANHOLE _ 1_ EA. 2500.001 2,500.00 TOTAL STORM DRAIN SYSTEM $48,840.00 i ON 21URRY G:\JOB\991260\EST\PH2 CFA.WK1 R. o� lfl VEX. C&B No. 991260010 .s. ^ Page 5 CARTER & BURGESS, INC. 3880 HULEN STREET, FORT WORTH, TEXAS 76107 PHONE NO. (817) 735-6000 or Metro (817) 429-0170 REMINGTON POINT PHASE II 3 NOVEMBER 1999 STREETLIGHTS & SIGNS _ ITEM# ,DESCRIPTION QTY UNIT PRICE AMOUNT 1 STREET LIGHTS 7 EA. ',$2,200.00 _$15_,4__0_0.00 2 STREET SIGNS _ -1--EA._ _ 80.00 80.00 TOTAL STREET.LIGHTS/SIGNS p m p y G:\JOB\991260\EST\PH2—CFA.WK1 .w .� E. STREET LIGHTS: 1. STREET LIGHT COST ESTIMATE QUANTITY UNIT COST TOTAL COST INTERSECTIONS 1 EA $ 2 , 000 $2 , 000 . 00 MID-BLOCK RESIDENTIAL 5 EA $ 2 , 000 $10 , 000 . 00 CHANGE OF DIRECTION RESIDENTIAL 1 EA $ 2 , 000 $2 , 000 . 00 MID-BLOCK COLLECTOR EA $ 2 , 000 $ --0-- MID-BLOCK ARTERIAL EA $ 2 , 000 $ --0— MID-BLOCK ARTERIAL MEDIAN EA $ 2 , 500 $ __0__ RELOCATEEXISTING LIGHT EA $ 1 , 500 $__0__ Subtotal $14, 000 . 00 City' s Cost $ - - -0--- Developer' s Subtotal $14, 000 . 00 10% Contingencies $1 , 400 . 00 Project Total $15 , 400 . 00 Adjacent Developer' s Cost $ __0__ Developer' s Cost $15, 400 . 00 REMINGTON POINT, PHASE II March 16, 2001 Fort Worth, Texas March 16, 2001 C47 `u ,'Q c Vu' _ VLA S o III- 1 2 . STREET LIGHTS WORK DESCRIPTION: 1 . Streetlights on residential and /or collector streets can be installed using overhead or underground conductors with the approval of the streetlight Engineer. 2 . Streetlights on arterial streets shall be installed with underground conduit and conductors . 3 . The Developer shall provide for the installation of a 11/4-inch schedule 40 PVC conduit at a depth not less than 30 inches and at least 18-inch behind the curb, "clear from all other utilities" . 4 . The Developer shall provide for the installation of a 1V4-inch schedule 40 PVC conduit between streetlights proposed for installation and the power source to become operational . S . A 3-inch schedule 80 PVC conduit is required when crossing streets at a depth not less than 30 inches, unless indicated otherwise on the plans concrete pull boxes shall be provided at the crossing points . 6 . Luminaire ballast shall be rated for multitap operation and each luminaire shall have it' s own photocell . TOTAL DEVELOPERS COST $15, 400 . 00 REMINGTON POINT PHASE II March 16, 2001 FORT WORTH, TEXAS March 16, 2001 Cirf, �,E`Nm a RY FRI. � . III- 2 "STREET LIGHTS" INTERSECTIONS BRIDAL TRAIL & FOX HUNT TRAIL----- 1 MID- BLOCK RESIDENTIAL FOX HUNT TRAIL------------ 3 BRIDAL TRAIL-------------- 2 CHANGE OF DIRECTIONS BRIDAL TRAIL----- 1 REMINGTON POINT, PHASE II N���SAL Elcoo ED 0r'�l E CC k?ERE V 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 one (1) intersection at a cost to the Developer of $100.00: Bridal Trail and Fox Hunt Trail 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. REMINGTON POINT PHASE II Fort Worth, Texas March 15, 2001 IV-1 V"'EUDD 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 MHI Partnership George Haught, Vice President 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. Developer agrees to deed to the public multiple parcels of land approximately 23.6 acres in size out of Remington Point Addition,for the purpose of a public park as so designated by the City Council, City of Fort Worth, the said parcel of land being the delineated area shown on the attached Exhibit "D", Parks, which is hereby incorporated herein by reference for identifying the land to be so dedicated. The deeding of said parks to the City shall occur no later than ninety(90) days after approval of this Addendum by the City Council of the City of Fort Worth. B. 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. Developers agree 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. C. Developers agrees to seed areas of cut or fill with suitable grass as determined by the City Parks and Community Services Department. D. 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. E. 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 City without the consent of the City Manager, City of Fort Worth. OQD MY FT. Klf..YHO � e Alt ..� F. 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 Developers. G. 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 F-I f M(fio) GS PY Q' o �������o PAVING FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot charges of park paving, including design engineering, inspection and contingencies attributable to the Parks and Community Services Department at an estimated cost of$ 24,894. B. The City's share of park paving costs to the proposed park will be due and payable to the developers upon: I. Completion of park paving; and 2. Delivery of the required park dedication documents for the park property to the City. Whichever event occurs last. Recommended, 'chard Zavala, Di ector Parks and Community Services Department � o l7'u"�I C1UJ9y � o C:\wp61V(mdle\addm8nkp i. .�. STORM DRAINAGE FACILITIES ATTRIBUTABLE TO PARK DEVELOPMENT A. One half of linear foot and installation charges for storm drainage facilities, including design engineering and inspection, and contingencies attributable to the Parks and Community Services Department at an estimated cost of$ 5,407. B. The City's share of storm drainage costs to the proposed park will be due and payable to the developer upon: 1. Completion of the all infrastructure improvements related to the park property as a result of the Remington Point Addition subdivision construction; and 2. Delivery of the required construction documents, related to infrastructure improvements on or adjacent to the park property, to the Parks and Community Services Department. Whichever event occurs last. Recommended, Richard Zavala, Director Parks and Community Services Department 1JpOC ��ECV°�D 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 CDFR OAL �` (`Cr�D rcz �N E�Vr��c jA EV Aft., 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 GV'ECUQ© Iff MCC.:PEREy R. WK)1_1� i; 01 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 �. .ft. 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, P".MG Y 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 ° ) for A-5 J °�E 11CU�O D G?M(�G�J1� ... 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 e foliri��I ing procedures: A-6 rG ti Mat 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 �0RD 0 'Mf-/�CPREVA,Eff 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 ag er to-the City A-8 ��o1FUMIp RIK .Mk .r a performance and payment guarantee in accordance with the provisions of Paragraph V-F of this agreement. 3. In addition to the guarantee required in the preceding paragraph, in the event developer elects that the work be performed by the City, or by the City's contractor, or such election is presumed as provided above, the developer covenants and agrees to pay to the City the developer's share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections « 5» hereof, based upon the lowest responsive bid for such work, as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject work. Such estimated payment shall be made promptly upon demand by City, it being understood that such payment will be made after the receipt of bids for work, but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. 4. Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, this agreement, or the construction of the improvements or facilities described herein, whether or not 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 n of .... .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 5,FF (C���� /11 E(cE?L,EP)Y 4. 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. 5. 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 A-11 cOGECURd �����7p1�ti'p��MCEE �)?/(/ RD 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. 6. OTHER WORKS In the event that other works is required it will be included as specific requirements to Community Facilities Agreement. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this the day of ,)y�°0f APPROVED AS TO FORM AND RECOMMENDED: LEGALITY: ary J. Steinberger Hugo Malanga, P.E. Assistant City Attorney Director, Transportation and Public Works ATTEST: CITY OF FOR T W H, TEXAS By: loria Pearso ike Groomer City Secretary Assistant City Manager Developer: MHI Partnership By: McGuyer Home Builder, Inc. General Partn Contract Authorization By: y George Haught ce President Date �CRTti' " � G? MM^� a, 114 N ca GRAPEVINE DFW 8� AIRPORT 1789 r` r` IRVINE 1 -30 0 rn FORT WORTH ARLINGTON `n 820 r , LOCATION MAP - LOCATION MAP TU( 6GOG ,,,,REMINGTON POINT " 1 " PHASE II U W0,15;H y f Carter Burgess o �.,�J:�Ir �L5✓'�c C--ti...r,no,vr.q,bgrv.nrp,A,.hii.w. CMT--R 6 BURGESS,INC. ror WJ"'TX 76107-7754 CN=;� \ J obi 991 260\C I V\26C'-^F A. dnn pr- \ I NO. 991260010 Ago,- At", ZpQ` SCAI.Et �„ FOX HUNT TRAIL q MR ♦d 25 s z• 24„ 5� 6 23 22 T _ _ B RID_AL TRAIL I 12 3• sz I 1 EXE` -PC LE�ENp r �INGToNSE II DRAIN L t NE �}���iC��4�G�ISCvQ P� T ORM c�, rvrr,���►�� r PROP 5 �C Qt1� C ly" Carr►b^�" PROP. INLET ,,,,,,�►'►{ v U'liy^JAN° ��.^"^�`" 811b R�S.ljq' iwEu� 1 E a r , , , ,or nIA HEADWALL —— — ,a,' t H0, 9912b PROP. AIN L I NE PRQ fEC EXtST. STORM �R LIMITS OF PROJECT ��n 200` 2 Also, U", 13 ,110 I' TRFOX ITUNAIL 2 41 40 25 3 21 b 4 23 s 6 22 7 BRIDAL TRAIL 12 31 32 { -- —————————— — —— ———————————— —-- — �- -- -- - — ST ,c, 01*4 EX�`g�T a EGENp a C�AP PROP. S 1 NGEE T E t GHT c��^`'" ESS.►�� ti S t NGl E S W t T H STREET cApap G , T• CHED t:oc n ON S T OPE S t GN AT T A PRO)ECT NO. ANDS Q PROP. STREET S t GH N EXIST. STREET StG .� SCALE' ti.. _ IT I ® 13 \ _ _ Fax HUNT TRAIL41 _ z 2s 3 24 s 6 BRIDAL 'FRAIL ! 3b IT 31 32 PARKS coo calfter DO V stu D' EXH�g�T Q i rfl G� llua ER PARK DEO►CAY 1ON AREA �: Ns :or99125t T K0. L`M"[ 0� CONTRACT 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"), MHI Partnership, Ltd. by and through McGuyer Homebuilders, Inc., its General Partner (hereinafter called the "Developer"), and RFC Construction Funding Corp (hereinafter called the "Lender"), effective as of March 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 18.969 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 Remington Pointe,Phase 2); and WHEREAS, the Developer intends to develop Remington Pointe, Phase 2, 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 Remington Pointe,Phase 2 (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 Remington Pointe, Phase 2, (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 Remington Pointe, Phase 2, (hereinafter collectively called the "Plans"); and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW THEREFORE, for and in consideration of the benefits to be derived from the mutual observance by the Parties of the terms and conditions hereof, and for and in consideration of Ten Dollars($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the; PECGQ0 P MY LIf Ua130 21-J as follows; 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the Community Facilities in the aggregate should not exceed the sum of Five Hundred Fifty Thousand and No\100 dollars ($550,000.00). (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 Remington Pointe, Phase 2 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 Remington Pointe, Phase 2 (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 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 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 COMPLETION AGREEMENT—Page 2 deemed to have approved the proposed advance of Hard Costs by the Lender,unless it so notifies in writing to Lender that it objects to such advancement of Hard Costs within three (3) business days of the receipt by the City of the Funding Notice. If the City objects to such advancements of Hard Costs by the Lender, the City will have its own inspector examine and evaluate the construction; then the Lender and the City shall cause their respective inspectors or consultants to cooperate and shall use their best reasonable efforts to settle any dispute over the appropriateness of any advance of Hard Costs. The Developer acknowledges that the Lender's obligation to fund advances under the Loan within a specified time frame shall be deemed waived by the Developer if the City and the Lender are in dispute with respect to any requested advance. If any such dispute is not resolved promptly, the two consultants shall agree within five (5) business days on a qualified third party to resolve the dispute whose decision shall be final and binding on all Parties and shall be rendered within five (5)business days of such consultant's selection. Any delay occasioned by any such dispute shall extend the Completion Date by such period of time. 4. Completion by the Developer. The Developer agrees to complete the Community Facilities on or before the date for completion that is established in the Loan Documents plus thirty (30) days (hereinafter called the "Co npletion Date"), in accordance with the CFA, the Plans that are approved by the Lender and the City and all documents evidencing or securing the Loan (which documents are hereinafter collectively called the "Loan Documents"). For the purposes of this Agreement, the development of Remington Pointe, Phase 2 shall be deemed complete upon acceptance by the City of the Community Facilities. The City shall promptly notify the Lender and the Developer upon such acceptance. 5. Completion by the City. In the event that either: (A) the development of Remington Pointe, Phase 2 is not completed by the Completion Date for any reason whatsoever, or (B) the Developer is in default under the Loan and the Lender notifies the City that the Developer is in default and, at the Lender's sole option, requests the City to complete development, whichever shall first occur, then, the City may, at the cost and expense of the Developer, commence, pursue and complete the installation of the Community Facilities in a reasonably timely, diligent and workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Community Facilities. Prior to the commencement of any work by the City, the City shall provide evidence of insurance reasonably required by the Lender naming the Lender and the Developer as additional insureds. COMPLETION AGREEMENT—Page 3 �V 1%t R L VE('GaD (lieNTYK01:11"L�APY o �O.)C`''X 0. 6. Advance of Completion Costs to the Ci1y and Delivery of Hard Costs Collateral to the Com. Upon the occurrence of either event described in paragraph 5 above, if the City elects within ten (10)business days of the Completion Date or notice from the Lender, as the case may be, to complete the construction of the Community Facilities,the Lender shall thereafter advance to the City any remaining undisbursed Hard Costs specified in the Approved Budget relating to the Loan that are incurred by the City in completing the Community Facilities in an aggregate sum not to exceed the Completion Amount, as adjusted, by funding monthly draws to the City as described herein. The Developer hereby authorizes and instructs the Lender to make periodic advances of any remaining undisbursed Hard Costs specified in the Approved Budget not to exceed the Completion Amount in increments paid to the City within the same time period specified in the Loan Documents after receipt of advance requests meeting the requirements of the Loan Documents from the City of the Hard Costs remaining to be drawn under the Loan as specified in the Approved Budget incurred by it and approved by the Lender, subject to retainage. The advance requests from the City shall be made not more frequently than monthly (save and except for final payment) and shall be accompanied by reasonably acceptable evidence of the Hard Costs specified in the Approved Budget that have been incurred by the City. The City shall use the funds advance for the payment of such Hard Costs as are described in the advance request, and if the City fails to do so, the Lender's obligation to fund additional advances shall thereafter be terminated and of no continuing force and/or effect. The City shall provide mechanic's and materialmen's releases as may be reasonably requested by the Lender. Upon request of the City, the Lender may pay such advances directly to the suppliers and contractors described in the advance request. If the City does not timely elect to complete the construction of the Community Facilities, then the Lender may at its election terminate this Agreement, and at its option, proceed to complete the Community Facilities, foreclose on any of its collateral, or take any and all such action as may be provided under the Loan Documents. 7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Community Facilities if there is any default under any Loan Documents in lieu of requesting the City to complete the Community Facilities. In such event, however, the Lender must complete the Community Facilities by the Completion Date or the City shall complete the same as provided above. If the Lender elects to complete the Community Facilities, any Hard Costs it expends shall, dollar for dollar,reduce the Completion Amount. COMPLETION AGREEMENT—Page 4 6�-)) MCN L EEND MY R MOOD,11TH9 EX. 8. Easements. In the event the City or the Lender undertakes the completion of the Community Facilities, the Developer (and to the extent necessary the Lender) grants to the City and the Lender open access to Remington Pointe, Phase 2 and shall execute and deliver such temporary easements over and across the entire Remington Pointe, Phase 2 for the purpose of access and use for the completion of the construction of the Community Facilities in accordance with this Agreement. To the extent requested by the City and the Lender, written temporary construction easements in form acceptable to the City and the Lender shall be executed by the Developer and filed of record. Nothing in this paragraph shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents. 9. Lender's Rim. Nothing in this Agreement shall affect any portion of the Lender's collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the collateral as it elects in accordance with the Loan Documents. 10. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to payment and performance bonds or other requirements for security in connection with the development of Remington Pointe, Phase 2 and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 11. Termination. This Agreement shall terminate upon the earlier to occur of the following: (A) acceptance by the City of the Community Facilities; (B) mutual written agreement of all of the Parties, or(C)the reduction of the Completion Amount to zero. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of Remington Pointe, Phase 2 until the Community Facilities are substantially completed and all Hard Costs contractors have been paid, less retainage. Upon receipt and acceptance by the City of evidence of substantial completion and the payment by the Developer of all Hard Costs contractors, the City shall immediately file the final plat of Remington Pointe, Phase 2 in the Tarrant County Plat Records. The purpose of the City retaining the final plat of Remington Pointe, Phase 2 as prescribed herein is to guarantee the Developer's obligations under the CFA. 13. Construction Contracts. The Developer agrees to include in all construction contracts that it enters into for the completion of the Community Facilities the following: COMPLETION AGREEMENT—Page 5 (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 Remington Pointe,Phase 2 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 Remington Pointe,Phase 2 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 the City or the Developer without the prior written consent of all the other Parties. Provided,however, in the event Lender assigns this Agreement, such assignment shall not invalidate any obligations of the Lender to the other Parties hereto, it being expressly understood that Lender's obligations hereunder shall survive any assignment hereof. (B) Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 ATTENTION: RAQUEL VELASQUEZ, IjrIN tLoPf`n ;T P\ �G� TELECOPY NUMBER: 817-871-7905 CONFIRMATION NUMBER: 817-871-8092 With a copy thereof addressed and delivered as follows: CITY OF FORT WORTH 100 THROCKMORTON STREET FORT WORTH,TEXAS 76102 COMPLETION AGREEMENT—Page 6 VIRC °�� V'[�CODD _ Roo V")THO � o ATTENTION: GARY STEINBERGER,ESQ. ASSISTANT CITY ATTORNEY TELECOPY NUMBER: 817-871-8359 CONFIRMATION NUMBER: 817-871-7600 (ii)Notice to the Developer shall be addressed and delivered as follows: MHI PARTNERSHIP,LTD. BY: MCGUYER HOMEBUILDERS, INC.,ITS GENERAL PARTNER 7676 WOODWAY, SUITE 104 HOUSTON,TEXAS 77063 ATTENTION: GEORGE HAUGHT VICE PRESIDENT TELECOPY NUMBER: 713/952-5637 CONFIRMATION NUMBER: 713/952-6767 (iii) Notice to the Lender shall be addressed and delivered as follows: RFC CONSTRUCTION FUNDING CORP 8400 NORMANDALE LAKE BOULEVARD, SUITE 250 MINNEAPOLIS,MINNESOTA 55437 ATTENTION MANAGING DIRECTOR-CONSTRUCTION FINANCE TELECOPY NUMBER: 952/857-6960 CONFIRMATION NUMBER: 952/857-6900 With a copy thereof addressed and delivered as follows: RFC CONSTRUCTION FUNDING CORP 8400 NORMANDALE LAKE BOULEVARD, SUITE 250 MINNEAPOLIS,MINNESOTA 55437 COMPLETION AGREEMENT-Page 7 J � 00 C-Iff C-rrWnf c cf"A Rx. © ATTENTION GENERAL COUNSEL TELECOPY NUMBER: 952/857-6949 CONFIRMATION NUMBER: 952/857-6900 A party may change its address for notice upon prior written notice to the other Parties pursuant to the terms hereof. (C) Texas Law to Apply.This Agreement shall be construed under and in accordance with the laws of the State of Texas. (D) Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives successors and assigns. (E) Legal Construction. In the case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. (F) Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof, provided, however, that this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. (G) Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. (H) Headinjas. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. 'GU � COMPLETION AGREEMENT—Page 8 A�� MHI Partnership, Ltd., by McGuyer Homebuilders, Inc., General Partner,the Guarantor of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan which shall be subject to and covered by the Loan Documents and the Guaranty Agreement that was executed by MHI Partnership,Ltd.,by McGuyer Homebuilders, Inc., General Partner. MHI PARTNERSHIP, LTD. By: McGuyer Home alders, eneral Partner By- __e ge Haught ce President r TEX. LIST OF EXHIBITS TO THE COMIPLETION AGREEMENT BY AND AMONG THE CITY OF FORT WORTH MHI PARTNERSHIP, LTD. AND RESIDENTIAL FUNDING CORPORATION EXHIBIT A- LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET acig g2EcooQDD " .. �J�u-UU�p � e LEGAL DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE ALEXANDER F. ALBRIGHT, ABSTRACT NUMBER 1849, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO REMINGTON POINT LP,A LIMITED PARTNERSHIP AND RECORDED IN VOLUME 12922, PAGES 396, 398, 400, 402, 404 AND 406, DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A CONCRETE MONUMENT FOUND AT THE SOUTHEAST CORNER OF SAID REMINGTON POINT LP TRACT; THENCE ALONG THE EASTERLY LINE OF SAID REMINGTON POINT LP TRACT, N 0001413311E, 339.69 FEET TO THE POINT OF BEGINNING. THENCE N 80001'22"W, 118.29 FEET; THENCE N 10°09'48"E, 140.93 FEET; THENCE N 46032'38"W, 131.60 FEET; THENCE N 79050'12"W, 50.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 30.16 FEET, THROUGH A CENTRAL ANGLE OF 17016'46", HAVING A RADIUS OF 100.00 FEET, THE LONG CHORD OF WHICH BEARS N 01°31'25"E, 30.04 FEET; THENCE S 78002'01"W, 119.58 FEET; THENCE S 10004'52"W, 198.71 FEET; THENCE N 80001'22"W, 1191.61 FEET; THENCE N 22052'47"W, 353.20 FEET; THENCE N 68020'32"E, 145.43 FEET; THENCE S 21'47'29"E, 28.00 FEET; THENCE N 68012'31"E, 50.00 FEET; THENCE N 21047'29"W, 25.00 FEET; THENCE N 68°12'31"E, 110.00 FEET; THENCE N 21047'29"W, 3.00 FEET; h ii5-11�, e1 ' �i c91t� OEM@ THENCE N 68°12'31"E, 120.00 FEET; rQ�se'Cpmjy -109 TEXa C&B Job No. 991260014 S#FW47H February 27, 2001 J:VOB\99126014\SUR\WP\LEG\PHASE-2B.LEG Page 1 of 2 THENCE S 21047'29"E, 36.17 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 49.06 FEET, THROUGH A CENTRAL ANGLE OF 28006'32", HAVING A RADIUS OF 100.00 FEET, THE LONG CHORD OF WHICH BEARS S 35050'45"E,48.57 FEET; THENCE N 40005'59"E, 50.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE WITH SAID NON-TANGENT CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 19005'56", HAVING A RADIUS OF 50.00 FEET, THE LONG CHORD OF WHICH BEARS N 40°21'03"W, 16.59 FEET, AN ARC DISTANCE OF 16.67 FEET; THENCE N 42042'48"E, 110.10 FEET; THENCE S 79055'08"E,463.19 FEET; THENCE N 47008'38"E, 168.23 FEET; THENCE S 46034'41"E, 808.14 FEET; THENCE S 00014'33"W, 294.32 FEET TO THE POINT OF BEGINNING AND CONTAINING 826,277 SQUARE FEET OR 18.969 ACRES OF LAND MORE OR LESS. The above description is for informational purposes only. ObiD /°QY C&B Job No. 991260014 S#FW47H February 27, 2001 J:\JOB\99126014\SUR\WP\LEG\PHASE-2B.LEG Page 2 of 2 EXHIBIT `B" APPROVED BUDGET WATER $104,884 SANIATRY SEWER $121,972 STORM DRAINAGE $89,193 PAVING $202,854 CONTINGENCY $50,000 TOTAL $568,903 I (;Z�)IMCNA VEND 1qo W,Eflo 79. City of Fort Worth, Texas "rigor And CounLit Communication DATE REFERENCE NUMBER LOG NAME - PAGE 4/3/01 C-18534 20PHASE 1 of 2 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH MHI PARTNERSHIP FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR REMINGTON ADDITION, PHASE 2 RECOMMENDATION: It recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with MHI Partnership for the installation of community facilities for Remington Addition, Phase 2. DISCUSSION: MHI Partnership, the developer of Remington Addition, Phase 2, has executed a proposed contract for community facilities to serve a single-family (81 lots) development located in north Fort Worth, north of NW Loop 820, west of Old Decatur Road (see attached map). This development is located in COUNCIL DISTRICT 7. The proposed Community Facilities Agreement is in compliance with standard City policy. There are two internal streets for this development. The developer will pay for the construction of all internal streets. The developer's share for internal streets is $197,505, plus construction inspection fees. The Parks and Community Services Department will pay for that section of the development abutting a public park; their share is $26,815, plus $1,609 for engineering, and $1,877 for construction inspection. The developer's estimated cost for storm drains is $53,724, plus construction inspection fees. There is no City participation for storm drains. Seven street lights will be installed at the following locations, at a cost to the developer of$15,400: • One light at the intersection of Bridal Trail and Fox Hunt Trail; • Three lights on Fox Hunt Trail; • Three lights on Bridal Trail. One sign will be installed at the corner of Bridal Trail and Fox Hunt Trail at a cost to the developer of $100. Total project cost for this development is $297,030. The developer's participation is $266,729, and the total City participation is $30,301. PLAN COMMISSION APPROVAL - On July 23, 1997, the Plan Commission approved preliminary plat (PP97024). The final plat has been submitted to staff for review. City of Fort Worth, Texas "agar and coundl Communication DATE REFERENCE NUMBER LOG NAME 4/3/01 4/3/01 C-18534 20PHASE 2 of 2 SUBJECT APPROVAL OF COMMUNITY FACILITIES AGREEMENT WITH MHI PARTNERSHIP FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR REMINGTON ADDITION, PHASE 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Parks and Community Services 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; APR 3 2001 Hugo Malanga 7801 (from) C181 541200 080181046140 $30,301.00 A0.67,,))m,,/ Additional Information Contact: City Secretary of the City of Fort Worth,Tow Hugo Malanga 7801