HomeMy WebLinkAboutContract 22305 COMUMUNIPt FACILITIES AGREEMENT
THE STATE OF TEXAS My Secretary,
Comma No.
NOUN-PY' QF TARRANT
WHERE1 AS, J.C. Pace, Ltdr, a. "grexas Limited Pivirtnershbps harainsfte,.4, called.
"Developer', desiri-_s to make certain hinprovements to Pace-Msbury Village, sin
addilioxoto the it of Fort Worlh, Texas-} mzl
WHEREAS, the said Developer has requested they City of, Fort Worth, a
municipal corporation, of Tarrant Count-y, Texas, here rafter` cAled -to do,
certain ii-work, in connection vift h said improvements;
NOW, THEREPFORE, KNOlfif AULIME N. BY THEIQ�f:- PRESBITS..
said, Developar, aefing her-oh by and through JZC. Pace of dfir;j- COM'pairs vo. I
duly authorized Ganarat PArtner, Joe K. Par.-a, Pre dent rind this, City, aefing hert-in. by
and. thmugh Nfie Cltomirier,, its duffer auth-ari-zed AssisUnl Cfty Mapagerfi for and im,
comideradon.- of 010', Covenants end agreanmnts lvwsr n perk-ormed arld to be
per-formed, do; heireby cv;manant "und aureeem,f'ot'lovis, ul.-Wftl:
R Z'
G pit .41
SECCTION ONE
CONIPAUNITY FACUTPES AGREEIVIIENT
to instafl
WATER Aillflg SEVVER SERVICES
PACEALSBURY%LUV3E
A. The Ciby agrees-to perr- .,N he Dee aEopell` let a contract,for inacwrdance
mAth ft's ac.ce'�,4esd PT'n"Idicles" a4ldl'�'nanrme , regulAfions, and the pwvrWons of
the C�tv ('."hadeir, and. sulb�e.d'ko -the mquiramenAs of the Chader, an-d
subjed to the requiferrants.. of the COy"s Pofidc,;s aold Rogt4adhons far
Insta"alk"'Col of eth"m wAy. e Ile
. th- �,wk , of inslaliabion:
serye the fa,�, as shownwari.,the aftsdh'.e;.� EAbbit_A-
IFER, FACIT.-All* to senve the lal's, a's shown on the
attached Exhibit pec'Mcations.to,
.:�_l all in a=wrjdante vWhll. pimlzl)ms and. sp
be pimpared by pzivale eillgin,,.;aers emiptvyyearl by. the DJaveluper andd
approved by the,Water Depadmmenit,
B. Th"'a" Cky agraes to 'floe the, Deal'eibopper to 'R'OstaU) at his �xpaasta-" al" the
timme Bit Offier wwker maing in thi8; at'Idt"do ave. ibm"olod, ;a service Rnea for
each, tot as, shown on the ak&aahad E."Alibit AL, Itte esfilmaled Cost, -of
ah
se jhnes. �,ss FP
T lid, agrr,eS I �IGXOW ftfil),�- bC ,,,fiDIft f
eac.�'"v saiiij, sw!'Vil'ice IIR ne in mm-spact, to lh"e-.. 1"'Iammer orf, .1h, f0t served., a.,nd 10--
taaain said records �n Rss ptzssssbm
e of
The construdiawl,tort of the Wall,e'r Ia" "CARfis hereir?camcpasmad,exmm V,
service Hoes and argineeding, ifs.,ess4inWted twtbe
D. 'The C N't agrae's tal aRmw Ilks DawaklpaOta hustall" at 1)0"St' e'xoensei. ;ait the"
am m a YACe
,ime MR Wher asnitaqj is ad-dWan Jh slalBad,
lil'iir •" ""bF, each, W.flt as�� somw1l, On., Ow attailged ElExhibMl' _ALL.; To"Ims esugrtatadl:
of thtess
't'__Oftj: "Ill's CKV' agrees' vemd. the
S'a'�,"d serp' hk'e "t"ne .r(, respecl't6 ill,kee:coilme.t of1ba Wil:ssitvgdj
and" . 'teallaiimwl sa"idmoa.Tds,�nn �ls �p,,,Pma -rZ55k,,n,
E., flw,.- cia'st O'l sani'kalry Rk'ts.' -kio b, "RnaWW' 'd
i
, I -.
DOW- Of.
PROJEECT NAME: PACE-ALSBURY WLLAgm-'��
F Prior Im aRovianc
, e of U-e cansfiru-c-1.1an ciontraal by Developer, the Devetapar
agrees to provide, acceptaN✓ financial guarantee.-to the city for 10.0 percent
017 'he constructon of the cons Amicfion costs along v6th payment of arkyr
Ordl-nanice c--sts, and fees. fhat are, appl-loable- Prior to the award of Ilia
construct-Tum, wtract by fka Obf or the comrroan- cing of a:nyv.*O, by lbe
City ar Pars 1 ntra.clors, the Dvva�w
GO, par agreA8z tialpay. to the Cfty:
(11 (a), Ogee Hundred percan"t (11001","'S) 01'One. Nveibpafs cast of ah Mmtar
arld san' -r 6!dlt . tPAINni khe davvsp�apment, emduMve- of
fa
and servka coslis, Isizat.1 t1a umater and samftam,:, ss-,avvar
se-Nice
j'#):'0m'oe hilm!"Wmall pemmerd- of' fth es ruhou.-ak-py'afs rxlstt of 211
apt 1011 , o F
t' pra;-a",ch vmtw arld. S-An"'ry sevier fa.. Hilles- aiga ft ' U - the.
dei bpmemift, sized to prvfidle waliteir and sanell;aq sea-wer service ta :01-ve-
(r,�)Oaa hund- fed (1,0 56 aof!' "had, D �ppees 00sl olf" aoy
84ndha;s, �jn srme' Fgimr and 124,,mches. in, s ftLr
n'ez hurt-d"fed pe-mant (IMA) af ft5� JM:�,ve�,Fopeirss, -causa. of, any
'appra-8,61,� S'ank"ar lei
'Y semnar nms�mi 11,
ten, W%;)lk df"Oh'a ty-'Aa I, C&ter&
of L I�jeal'elr Old
the fl . . 'by. ciil af"le eq;
'al
4"'nes" a4s"fim ad rundw 1�-s anid, S-D abovm'' 4n
of O."he ca I'vIwo 11. F0,d"'Amw Ath ( r de.,
A F'e*N—Ualt'to NVO) 09"Oveli.tD vekapper"s
(oos;-A s3ellwfe oot`flhta' rmasl' "Imp'll serim "e'
v
t'llh'a't""fly"av nimdl*t"'hie
t
PROJEC N PR .. ACE-LSBURY 'VILLAGE
Estimalled
r
'r+
i
B! ,
Developer EsiinneLe Total
i
Cost vo 1y' v ast cost
Appreach 0,00
y
a Y9�'
�tT
fia
:..;..w..a.,...,a<,ww..a.«�r«..+—r+.:..�. �:�:..,v,.x..�..,..u�.w..,»..,»a..,.. „w..:.,....,....,....,...,..........�:x.:.: :�+..`
DArfL
.a»..uw.0 .w+.�www.w+ .. wwim...•�•«.+c• '.vwm�.+wwaa4w.A�w�.t.•...•,.._:,..: 9� �i
'Ww a ty li z J l �'''.,'"'k4 t 4 tt��� r i '✓!! .�'} �� 1 � ��y+Zk���3,� ��
.a-u u..ui a nw ✓.wsn uiaA...xNai.arra{ Wxwawn�?�it xa Wut,w.Ytr.4.:w:.i, ���
jilt v
s 1 Al.M+B Ma "IS axe
r ..wxw,. ...•:.a w.u..u.w.x..a.,:....-...,�.w.a.wu.,, w..waw.::.>u,e..�:�.,,,��.,,aw-,x, .w.u+:a::,al,-�uu,.,,.- •-.+..,�-s.-d. �P
94, i Elf". v, k
w
v r:
''x'jr[ yyr4 L'C 14�tJ�3 ydf�''�r.i�9j /.r�ty'ti$,�t,!�yXl'4yj wH�•'e�f,�,F'a�iart�' �� '.�
II F
s:
PROJECT NAME. CEAL BUR VILLAGE
Ft. The. above. charges do not incJude any frant foot a ages for connection to
ex'sfing or pr:~oI aosed water a d(dr, saini,ari sewer irnain,s conaszructed or to
be canstructed ,under the provisions of the. "'APPROACH 10AIN -OPMON"
NAIMA N f ri--AkULME dopled in Sept r, 1992. he's
;ddit kon a h r. ;r as fall n,�' :
i
-0•i*$ xtir:{ryl Jrig� �1�f'�.F'l V.!�zT" yYL'.�j�w i .. ' Ifi
io-
t S}
ApplitsUrk L.FAA Name
I
k�yy��'�' yylS�� y,�h�,71�u(59G d(�1��(I�itK��ryNd �,1y��.4ry�{. h71.�•',f4�'+p!.r�:R�klr�FW �+tw7�lp�+�f luy+�+J"i4 k3i 1�1�'aNa'7 i�91fir�]7,i r���x�,��y�� K+yEy4�f� g y�
yam,a .,Aces'%V'9 flll,d � d$G'u3 � Y1�w'.31 as +piJ{Ga,rt of 4;a"�"e-',5Lh'44'Y'"if- azt Trf,'s iA:�ltl"",t�E�t''�trq of-om'a.7. 'k '?J�
boxes ������ �j�.�y�y, �r p ,�y L� �,�},�y ,�9 ;� ,�j4 L� � y,
�i..(.-U;n644i s a S�'8'i�F+ir a r.5 ii���Y+�t�.t'4:i++aia li ra f"u�Y (+N#1i91r4r!1Irs t�,i" .5��i�i�,'u�"tk�.K�(
�„ �R
of WN reta A"T e cIf,a ea,P'tf�d 4�iflde- '�#`mpwk can h-,'jfr wall '"
135. pw" ', n,aire''1
DiIT x tit a �3u 0DIw04 -r't be al 'a ch '4"g';s -o not ampill,v ilir
etWi i sl Via'in box ilreil
,f.
J,' 10.01,1 ii? ' Umnf frf mimp'll"afi,�"'',ti of ri w db€C l fte.3`eft-'�rvmv kall
fk''rs+'? 1-as� f, �". 1 "�? k` �1C r i " �t?� I m � r `w � •"t;, ?'a
pmvt f alts f*;, kfivmen f r C*Yv p�a lh City
i
{ v�'.�e ii,l�Iy'pax'�e I� rtt�'����,it �°. teevg.M t F � a. Ef
� , �,\ t1J I• ,U. j r; 1,$;? t"�.IY ..a. v�.±5!il'S�!1��iY 4.I�F3 G�t'si'{�I+a .'i.hil' VFH' �E;��ft,.
a�'U.
a's
,J
the rwren F'orl Vflarth Glty Coat, payrierv! to be calculated as Ain I-
G, above based on acct, vai quart tiess cas i efflede in fine fanal es,ffimata paid-
to the Contractor by the Developer 4and ovA hla actuM, r'ccods of wst, ;kept.
by the City sm a pairt of fts my to �inj prove uv es, Wt the event the ! {
ft! e3ence in che d'''po aft and the �r'�.cSu >> cost-, exce.a'':s $25P, Deve-JLeo-" t i
agrees toff a-v to the (:'Ay and unide ayr nt u Ah,.-J h Said,
4 dr-tca e :a being due, and then lees. to paar7 to ave�o ar any
overpayment.
K�aa++ 'Wark hereunder sh all bia c`t in 3e f '. d' }:r wto ( 1 1'eam, gn date, he' ,uf,
and at is any Oil lthe,pads cAt lbtip("NN to make: lry �
9 YAP` 'c4 {�� I ! 1 � R t" i "" r r"d � {�r
rft.:.'.tff1t!H`C:�s a t�tluh ���ajr� l�� � -oza te-I a"'no.i.u� s,'nMary �'evva:z
upoi , the euxp,`��t cis O�;�,',)"wo ( ) Sena ���, da,4 r a�TLLi�f,„ ���ey t �'�� i.nds
re-fund's,lfimy. fE,�APutt l: fxw��'.�t yak'f:uX�pila"r r�zwJt�'I•.t��}9�'yS#vrv.���irl,�je�M1r'+y,,-oi d�.,,wnhtwl�!���pi e'�.."�'b�� ult�y�ynnairnsl;i vi�'G��ylich,
8'4i-,�und',7,'' �;`:�t,��?. con,�;���i t1u `�,� IF.N�ie 7{Iiitir�F�Ee i1;4;Ga� a Ip.�.�xF31k '�ii1 ��G�,•3 Ilan (��'0 ���"Gmlm
pied byr the
Director, fpi ttay�u�,,r.,(�ee lha 7{W�l on �(•'l�Cr '"�� �i 9 G �3. n y�ry,p�:b .d uro t( try �/y a ,�y,,5�"
1;� licL++"',.,7F (d8:,�'L"kKf �i�b'vYF A��It�t law iwr.�r.. d {µ�' ICK..Va(���'xf+fl:!�w1 M1.L�'U. .kF!'f'w'�rii"iit'1{fut� 'er F '.
hua beein th,-e fi3 a�g) 'i t�"fi w ra-'ay x`+r
to fig ad Iliiemat It, ysar , fcir a clMaefi rl 04 Son-1 h1l; Utfa,
w atwai r 'ndftr?saol'agy seimevr f rY s wo,,wk ts, .fit's ' Old`-
'%ear peribd, (P41t, ma's' at fib;- ���`��f.3 i�:. ',, mmtht Sur,h,'*, tY7J`"If6 t vdappe"'�
ri y.��
,i M � ZK q 5lt `5. , e�d and � i ' , � y �',».,C!ad t�. t Wt'f a ����d ii;
i
aIwwr AND S:TE3 taw 4 '£Te'tAIn .TiMF"�#'2 r s!
Davelopker acknamledges that be has lG:;t_`4iGi(4/1i....e7Lt''i '..,;',`...h A"`L^l? VP 4.100
100 I
�P:
'...o&. Unan.i..r• 7214 I,±F �z,.s1�:���^ L:(�,'�::'i.,a.'Sr;�n. �-�p�'`+ City Y„"„+;1:^ responsibili-
ties 1
t„,,:4t i3"Ir �,. �, ,..�; c. u•...].1L:�% .a. ,3:riaV
f(Cb-L 3"?i', in preliminary, plans and ,G;cost
Sr pl.ted t t ,' i � � O f this Contract and "at•ther ataee: that
4e.
will C-eimjeld ' ua.`C.',h wh, SubQv:L.n.Zon Ordinance, cl-t-j4' on
R�u'rar" 7 I7J. 3L 1' .Gli `r and
�' :�:li.:•J'�.�.rY�n� c�+s"" h.-'"'u�li'i5;{23iia7�w",�'r
FCa47:iy„itl},e. mud all, ap pli <vbW policies, u.'lltins,r. ) eF't7,llflbrat?t,ci n cQ.&Ud
al k-h City
F
2. The 1�",":lr:i},�.a aiL'A; r.S;d:`�',l`�.?;'�. to { /'a r , r � � 1 .u...
d rSXiu',.r�C`.1�)d, CC c,+'�7t .t�,� 4. l74��,'2� a't.LtS'f�za:JJ.,�'�i-.8 thW' }.
'.x-��"
� �arnx'4,"^b -ia. >e+7.D,th, �.
7S! a§U! ti E k 1 a�Y.rS� i ti i r,iva y z
,�,C`��.��i.r ..,,k� �`'+�"�✓ 1�t""Ii`� It R 2L ,� -i-r V.7t ,tt' d by,- n.h�: �a�I
I
vIaua+i ulh
to Gsn :Flli udj Va` C7ti �� �V �0- :=t unSWc
1 3bd a's'f:`
ar r.j -.^. '.ed r all c;: Lr..1irC�:. .1.?" t 'L«'L':, ''t ttit, t,,1k M,.l !e.L.iu,'. .?' f'•'u) S..('" w� L},.�,e bff.i i,' ,�+' s w
�..-x r the >ti` .�,�xe .t'i'il�'4`y..
x'1(➢ )s t"151t" s.t.Crtf:etF•?., tar 't ha Developer 0111 !!"a: �(�?a�l?tt's,��.F#�SEC i�11i,7 zfb.r' the
of relocating rh(tr? : Yf %rfltk"I t.bY nUWay
WSJ'e,
��
It•>., i �4LA> h.a:d�u,i
a, list of all. w..5,:.11 7leytlt7lW XMIv+GT? OW
d`fi 7_.tr Ct�C ll'N f j iilldb§ �1f 4 c$u'iYtl 4 z �ki? Y&T SS 7 iyy„a k( t -li CIF(� `v w i 4"'-r^t tnr4 w�,r"')tlCrtt 9 xt�iy
'kl.si<:.rz.a. �,,;��at�l .�:�:ix-tC°i.:� filtr:(w 1.�i: '�4.uA'C.' 1�f%`'�.�..0 u'P� .CZ,�",Jk.�?r�rrv.H,.:L.='ti'Liw_ i�'(i,`Y�'..st, �+�`�;��..,�`•) '�`u'.?��t?I�n ls7x,�';�y»Cn t:: a.:.
CRY Vrd`a.,f.:!a. b 1i?tu rc°[�v,}:IL':��C'�! ��'�;t,.�i�. �.w'fr#r.T'i`.w�.fP4`� and g1't,hwTY.Ir".xma 4`71i?rn a a eL.jrl1 al to 100% *f
ti , . azz v 4. F1 .( Jrtfi? Lr:
aA".al 'r,L (')rTtk:t e1r?�'?'�'r�>: 1 r'l.x3c:lt,lr`I�Tilie`5'Star�'v' :7�ax'.Ffr''�r' tisl,t�i !I'11u�
& r'
h:L v � e3ktr t '+ 1Ww u 1�t fY ri yt X. r'J�/ t r a is a # fl
%•G?Gy ��.�'��v't.v. ik4 .tii �»i,�YL'?Jl.r1r. �+M�S�1-Sil;f: �7!t"y.4ruC h[:.' L'};±??! (�o'i+y,�v ir.,.�.+tr:;;tr�:Srt�.:r!� r,�;��;�'�uw.Yt'krlht�S.�(k: tt
i".a'
#4,H 6`5�t S r '111:{ii In;L ro 't�✓tf i :lk- :ll Y;r.::x ti> `u R t 11 N k' 1.
7'hu�,
���t v%'zt!r<s14+tr�f�::� {°t,Y�}YtTlxf rtliJ ri'�a'� !i,t�3����75 ,E�.1�_FF. i�l �f3, '1 iI! r �•: F rY'1 t t
f Y j
+:
unions th f 1 Prepare t}`tij�`',a :rU� 2 u t7)U�: mod;�, '[R_;L� tt ,'.', �F+i,Y r+ Y r 1..
! a .Y )r ,'a"il r t rt �lr vw'D a'f'14�5+??l:a out .:[,
Ati l7 e less than 01 0ry 10VAU
�Y�. .�.�-'•�ISa�"��I�:f; !'
f r �;
%t t
r�';172..4 3.:a. t
y't
r
under der th b", P�ar]1 a 5� ."Yt� .11�lY:N1... `.�'.7,d.ti:rf'.. r 9 rtRjKif:2a 9�5 i1� l i inn, 1
+ 7 u.
�,t��.�..''�, 1+'�.nl;,��'.ds .. i�'?,�'nd at* 4.l:i:b j1f5m tl rl.f.:�.}�_rd y t.t�s. }t.1�' t°;:51tY1 CAY z7i„j .nn •r°yt<
rlv6vVv t.lf7''i7'
rr� f
'S Jt...N' �P. 4 i.;'dv„Tr r ;: N':YS a �:+4'�i dt,.'A a !t�''t rl. ri�61� l k s�i� 1` rr ill :'�'81.t''S ,•Yh .1..Y Y".,0.V',` 1 4',
t,I
rl�F
ite
said plans are approved as w tst ss .C: by, the siggra-,-.Ur'"es of i''t.£ city ,r
Eng3'T,`de^'e and rT' the .�'r.E Tt:S+'ty Director r Oc that Water .:epaxtzl1'°b';tL,, the �tr.
Engineer n'eer shall provide t he City nme
. . g 1 set a "2?rL Cc7blet approved bla.-;Sp platted and spB ^Lf iatAuSs and nineteen
GJ?'R^ tWf the plans, and f S d' cze.ts of the ions
it
sp ?.f T1.'d"«rr'1-Vii;, and lz
w
rf,on—.trao r;-rc.kaCdsents (uo"r.Gr q4J :u,7e'„r,':+«T`ufied, 2 executed •ccE'dd .2 c1=Dnfor..raed
seta setal. Additional sets of plans s a d oa^ sspe is,c. ca L iL9Ti s MY Y be r,
t,
regc9:L"'E?.d for u 'i'e 4�r���ay r»k.:r� k;. apuS'iks.'t.C" EGrC'<�c�7,�,. u3ter'r'.'_➢3dT.P':g on the
'... he a4apt-,Iippeirr. aqr"G`y''.V�g is i,^,;4'Idit*,f�ilsr��r••t,r�tr the S.v(u�t.�'�:ti`-Y"FkT:Ilvr,"!��:.r-1.' „"o'`r°sI:`edf by this
agreement K'1'vl`.,,:il:i n 90 walwdyr 'Jt.alys e°fftt :;Ir• 1vavr'lr-4it.,,, )t,,--'!cCu
S101 in writing, t�it't with Director f ��.��a�I!!`.spai<. .w y .r:; " Marko.
his ;Q' mss. � <.� 7�saz.k.'3.•aa ioi�U� �'+[,fl�'r�'u:4e �r�' :+.,�:a
V., .,...... �1'.4`I;.G:�"--J.,',CZj':'E�,'�,�r� t,utdari- u..1}Ae ,p"s'"''e,'.' r�!7i.iYD��!fi' 'kd(.8i.11 inlru.l.ae 4-° tlize
ot al.ii :�t(�7.w...,'Ss'tt't'67f1v?"�i?w.ft.: `r'"`� (.°ozift:z.Y liA'7".1.`•.':b cow7rai srw.hk?!;L uz l:t, iEtt`x-C ept; fk:t�.rY: �
tb=1''.;4S'o mr':6`rpX4o!^t+Y-ents W.fi-N a".;he Transportation,'1. n, 3.K iCkubl'. iY`
i +
uire}ot ux, de-Ins n uY-0, t cl ad ,ftlyt T'1UR pt."xpit'r Vnd d;�41.. '0
1t �
'�:.utix..x- ax.raa , �.>n ".wi iL" a;�{wfnt �Zr+ya�a�U1'+�iL 2.,aki:lls $:/b a,"'W" y, any ItiC�G:YL. e
in a?d.-&.r.Vu.`M.slays VAt.14.it'»hin W u`ti0^*day par Lad, L`.t ra7 bi,r S ct AlL y:17.-r 9.`Lvrc,t tht!i Oi t-.
t�
the J"'i,+;tht b'o wirlq",tt jd al for il..t$s? A quest,:a?i,"c n and
q i
% jCtJsw;.:v hu;kt" 'i;iT:a7 tit) ').;;,.. l ::'ildCilu: lV�t e w% LWAd <<f 1L.he. fG71J111;:i;<:seiio'lly;. ?AIL
y>3Sw"4`C Io tinsf th& t C':If bid.
li�ti
Vile m&-o- tt op 4S S that & 1 �+ r:.,-•nr a,. u. m" {d�';�4X:�W.tltktt'=�i�`�c..lW+�.'`wr �Eff�
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tail ,.: .. .,v' 1x _w T ptl W IM1i..
�a�.:c,d`�s�,3lP�r�{J�'C.0 ~#t.�;.,D.,V� �aL: F�.t�P�t&7.53',td,�> iri':7 rt.�al��(�ir".�iG:a_f:`F'xtt :tr..,l4tuc �ed�rTg.°n1iV..r.:r:ut1. U'as' t!.h'1,d t,..:t".t~:f`'� �'•� .
`tU,�`+;�.yc,GY�'_r C'�.t vsch"1�i Ytft�s�t�.dl,'a�:"r' :d,"i.�C '!,'.P�1",Lt�'«�t3i.'„c"L.,'t�',�'' ijftLM".•�4;ti ik�lat.�i�u: �Sii'� urii',d'�'?.�:J.aL.",14 .tt::°JY F1rlI7"r:,r` ,.; �I
t , .0 _v"'. Lti Y, iw '. ,, .y, (!:
a:Jr,xs:t„�lr�t;,[1: +i'i1 r�r:�% :x,3A ,k�� �i LYd>r".,~�I�;.,��; .�.L:�,�(}lia�":` J$�. �Xrirr�t. �a. T.112ii S,. � .iLA*,.
,d r
q��..ta 6G#.U.1 rlat4 •�`.,'4c.>.tyll ;{`rMW apr'?•"erlt2il of Who CITY SYF.iw3l7a.t"leert or IF"t.3 s rykr`ripivt,pe.–
shall. Wagin prior .- .. . n 'Of,
I�e.Y L?d:t3' trN:'t}.Y"i.r
yTt 100 of U4y nq.�ie'l vt'��t4,-.G'_.`le...a:pl`t{"r�.'St.�l;"�2`'eryry �t1��d )tl t,.i:t,�//:w�ai"F'�3ru:> )k:.'n1! :`Fx"��.d.,.?�i.�'.+.�{it"JLtN�I•L,'.'. WOl.1�w'i.'.�12 `a+;�;lu".'Hi.Lk!'L7.1�4'r > ;
`~t,� MU`.f(tl �dla�`✓ =t G f l" G s ri,;�f Ir_t '•AlrClyd ld Cn�d h`G1 the e !(ili t y
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t 7r• u,;�, ,r i r ,F' f± r".� � c7 �" ,t f k .
i-�Lcd4U+..� L!�r'rt. (ah1i.`�,-"�.a a�k'�r<1d',:iKidd.�• �..tr rr.„!~u+Zi3Y..`,•r?.a.s'l'dt7}t�;'4sr "v�.,w�,'.',.i. rc..)+Ikf:�`r't,i ,:v.'x 1fgx�!k.re'..ifz'i!f;Y€sre�r�%<!f`C,.tr
F of Chia' agiPtCrmnaYrt4,t O.t1o�c"
ti
tiaj I U we t.a?r T U]I.k .A.tl'il It+f+CC: 4�ry+F71 Yi the v� ,_`tw' .tt is tal T Y?/ w. .Zt,TI {G e ffU tx{' th-.E
tlrfi' Ft?a�f 1r9:1' �4 1t ti� � a��k 7�, t 1, t !,_Yr`+C2�ltp,+'YJEi�"' � iu9,!)?f'dw''~J}t.ldikfir Yt'14Z�r a,,�t Yirr 1''7 ,:trr"51P'L9, u"I rte c •fi;tt�rw. ��•,�� ,, t
,,a aY^Je't((_(;8!'9�'It=, 6 i;}tt.0 l�,.ilFd la.ffl, , but,t, ki,'1{�
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u�{f'l:,.k' �q+�4. .. .,1-fl'�..it 'F..- 1 f{�.a:¢LY'w ill:d11Aal. � .:a 1..4....
�c 4 contractual
i
���1`td3 L�Ktu`�.C' si`z�•,�, t�l. �.u:��..kti�'. ( t...tr...If'a'�1>~ri,'r,Tt v:7e .�'.�<%di,.:,?^2i'r�.,,.,. .fsi ,u.:�)..,� �..bu,l f�'A�..`".u.�i:�i:;•.V:,.!L;,.F.,.. i
i
':'bi`;. .'..mr. y'y'bL,�Yi Cr ;l2;7i�•, ;`.,rh.ct: Ic)!,'tpj(�';.:rc:1 t����t �' .�.°�ik'r.,:fert:Y>S !.al w:f.=, .1,.ldriil4 rYFli.u::.L.r�4.6:.�i.;. :�.117tf�� ','w{}Nr?V�.`.'.'.'� 1�.s�Gt�, r I
ty1.4:atr�N r'f «..�,.�1)( r� .fl� T1 : � o- 1ti r , L � t� w 1
i 'tl Y,r.JjI�y(+c,r :w i }}tE raFk � . Tvt'R"u(rL4::'
< .M Q< w aw i. i rSv.y.iP,r K. kE�.IhS n;."4' _wi ai )V-4 It9 p b �' rr kd: Y e
1
>C I�7w,+�i ��`yy,y� y��itr� �s �1y��`� 4 4+ E p7 tf� C �It I I
C�.�.f�'�3�1>•4,Y't: r�• H` �i>A..,t'1�r.�+Wt��,::; 1K,�1' VI °i1 7`•ra��y� tSF,.',:. .�t"Y� N �.
In the eyeAs the Developwr desUee _:jty participation and, icdllo---'�.�
the procedure as set fartL in Section IV and V of Lie PalQW-F—Or—The
a 0 M 's
MMUI QY
Install ioa—f.- ties, the City participatioln in
tr-�- --,osts shall he as shawn in Section, IStre-et
and Soction. W-C (storm Drainage, rrnnzprovezaents) nr. t-his aqreemweeat-
In no evant shall the City
,, t'r.a Liable tto the Dp'?911D�qer far any,
payments ta excess of the City"s estimated participatiOn unlss,s amd
orth! there is separate and formal approwal !by thia C-iti, �C'Mlnlcil t,--,)
Upon campletion M, .00ae facilities, it -'s awl anderstow-:1
.to
that the Developer% estimated paMaLpa •ion in the vasts at may be
PEI
i.nd' In this 'U'a.-n!tract, be a2d 'v?s .lei dd to aq'''IiAal Ith'a.
costs, wcApt tiat *t1tarie be "O.."alig"ated to 4'7'x4ke &".r.y
121 A
all. fai-='411i.tLes re"'It
&..�.Lrad under all
he, sat-Larfoct too O"It City, No
RM
o than $25.80 W11 W MOMM. in thO event the diffOrenCe.
Lim th,�� di,F-,qyzv.--,)it and actoal most amcowds SMS.00, the MKOPOr agce&�t�
to PAY, to the OMY any, a'.Vid tht'' amyyrees Itt. eflajilzird
f
&VP'F' Crn'51<t tM the
U
The MY M1011. rionj, --for thP-
of.' for streets aAd Maza dwaing (sne.
89glasMira
wilthiout V harqji' vali aill
Ila
T!"hiLi 55✓ and. qtadti
C[`1'" the:
d-t
tho O."Ity, rzewae n"'-ez! 1-".1?7i a rl—t""it t,'j-
f**ir'w'ts. ttlhiuiEt. hiirodl to tt,
to) tl•"v? av,-
,ON
t vatting of Une i4nd g"t'!a'da- ut'y�' i�A
U1 tho developer, thil, tot Ml'-w 4z �i1
MON. man work 0011 Wgin watil MW anwigaot IMOMMUC W§'
ho Q P4
his w4giwer, sn"Anyve, swif agawtv'. rr�far. t-Jiop,
ts-""') b�j� Lon of sacs MOSIOMOULty and Atability hM'
:titi F.
,tl
the domigns weawd. zq' -f�KAI
ut tha 1;k� ittqj thlb,
M*4t of tat partAr Whl!'440;! 'Xqp
an
li Oe y y .rl IRE
r;1.ty 'vog"- coast rest bw'q.- ct. -Iite.,?,"It,-rff,,'a;)l.,.,..t:,ca',,j- '.1LItAi, hela'Autt %."N@
Y+:
which may arise out of any defect. deficiencr Or negligence of tk-
engi.neez�'s desLqnv�, amad specifications Wcarpo.rated into, any
impror,rements constructed in accordance thereNith, and ths •eve2cpe.Z7
shall defersd at his Qw-n- expense ar.�y
RS rouxght agaLn--vt the C"ia y. awnd' its and
ar. :an!"" o", t.'hemn on. to pay a.11
and satisfy all jU&P.Mts shich n-ja,1 re-i
Or.- rez,
against them or any of them in cannection therewith.
14. Th!a developer agree-t; to 4�' istr xct Street Ub#&'a ats i ri
section III of the agreement M the Oame We as St,rOetS We
%22 M-E,'I JIM,' 2 9L —.91-PEL L
tJr
a, Swavat. sit mrants, a-nd
estabilshed in the approVtd plans. NO fll'k he Y iv 'pkala'�O-i
nalwas a of sort Vowth Idspattor 0.4 �yre'vtmtt aoflit
Cho Watallation.
Require adwy cantraccor %AMA 4':.t.11 be, an!'e ai2�x"tz-hViltz"k
within any future P011 •
services vWx1on", kwaz#(t,r� ao"y
Ki wwWwrek tfa;- '4,e: 14,1 01*01-e
tr
Satisfattlon add approval. of the Wr vnjiAwye or his wpowaQw.
w4k.lth! hht'-): qy•
K mustruct all wilitiot, wi�;efii vh-mp "ALt
ell. an'd
V thlz4
all Wwwta Le
of davalopmank
tmr Director m"' ano VW11% moths,
Construct, at US CM,
nt'
TFIAZ ENNCE - A �Sv'PRA,'!Vi" WTI '�wkd;"i'
t -
and the property lines to elevations required by the City
Engineer.
j . Grade all 20, x 20' and 15' x 15, opej, space Easements down to
a height of not more than twenty-four (24) inches above the top
of curb.
k. Construct, at its own expense, curb, gutter, and approved paving
as depicted on Exhibit "B":
2. Cost Distribution;
a. The City shall bear all of the excess cost of street improve-
ments for widths greater than:
Forty (40) feet adjacent to property zoned single
family and/or duplex residential.
Fifty-two (52) feet adjacent to property zoned other
than single family and/or duplex residential.
b. If the developer constructs a wider street than requested by the
City, there shall be no City participation for the cost of the
extra width. However, in the event a street wider than forty
(40) feet adjacent to single family and duplex residential or
fifty-two (52) feet Adjacent to zoning other than single family
or duplex residential is constructed at the City's request., the
city will make the following reimbi;ixsement to the developer upon
completion of the entire length of street included in this
community Facilities Agreement,
(1) The reimbursement shall. be for the cost of the road widi.h in
excess of forty feet adjacent to residential (single faTaily
or duplex) zoning and fifty-two feet adjacent to zoning
other than single family or duplexes.
(2) The reimbursement due to Item (1) abat.le. shall be based on
unit prices actually paid by the Developer and approved by
the Transportation and Public Works Director, except that
the reimbursement for earthwork shall be established.
annually based on then current costs of doing this type of
work, as determined by the City.
c- on streets abutting City park property, the City will pay tL,-
cost of one-half of the curb, gutter, paving (incJLuding any base
stabilization) , and related earthwork adjacent to the park.
d. All. Railroad Crossings shall be of type "Rubber RailroaJl
Crossing" without exception. The City's particiPati0r•- in rail
road crossings shall be in accordance with this Section.
Furthermore, if it is necessary for the City to condemn Railroad
property, the developer sh-all reimburse the City the entire cost
of the condemnation process including attorney fees plus any
other costs associated with the rigint-of-waY and or easement
acquisition.
UONTRACT FOR: PAICCE - ALSBUIRY VILLAGE, LOTS 1-4, BLOCK 1
111-5
e. City shall pay engineering costs in the amount of six 'percent
(6%) of the actual cost of the City's share of construction as
defined above upon Completion and acceptance of the street
facilities. However for preparation of community Facilities
Agreements, the City shall use six percent (6%) of the estimated
cost of izs share of construction as defined for designed above
engineering.
f. The Developer shall pay a construction inspection and materials
testing fee in the amount of two percent (2%) of the developer's
share of the street- construction cost as defined above. The two
percent (2%) amount shall be included with the submittal by the
developer of the performance and payment bonds, or cash together
with the signed community facilities agreement to the Deve1op-
ment. Coordinator. For the preparation a I of as community facili�e' ios
agreement, two percent (2%) of the estimated Cost of the
Developer's share of the street construction as defined above
for the construction Inspection and materials testing fee shall
be used.. At the time when bids are submitted and: prior to the
work order being issued, the Developer shall submit. the amount
in cash representing two percent (A), of the Developer's share
of the street construction cost.. This amount may be adjusted by
the Developer or the City, upon writ-ten request, to conform to
the :actual. construction cost upon completion and acceptance of
the street facilities, provided the difference is greater than
twe6ty-five dollars ($25.00) .
3. The following special cost distribution conditions; shall be in lieu
of, shall supersede and sha-11 prevail over any of the standard cost.
distribution provisions which may be in conflict herewith.
None.
4. Estimate of Construction Cost
Item Unit Developer City* Total
Quantity Price -- Cost Cost Cost
40' Wide Roadway 691 L.F. $126 $87,066 $_O_ $87,066
7" Reinf. Conc.
6" Lime Stab. Subgrade
Sub-Total $ 87,066 $_O_ $ 87,06.6
10% Contingencies 8,7-07 -0- 8..=
Total $ 95,773 $-0- $ 95,773
*City's participation duc- oroposed park site is -0-
C. STORM DRAINAGE IMPROVEMENTS:
1. Based upon preliminary engineering design, the storm drainage
facilities listed below are required. It is understood that actual
sizes, quantities, and costs may vary after detailed engineering is
accomplished, and bid6 are taken.
Description of Work to be Done:
The Developer agrees to install or have installed, the storm drain
system for this project as shown on Exhibit "B-l", attached hereto,
in compliance with all applicable city of Fort Worth Rules' and
Regulations and Construction Standards. Furthermore, the Developer
also agrees:
a. to construct all storm drainage facilities and appurtenances to
the line and grade established in the final plans.
b. to provide sufficient drainage easements for all storm drainage
facilities outside a publio right-of-way. Drainage easements
shall be provided along the entire length of the system to
Include an outfall condition which is acceptable to the City
Engineer. A detention pond may be provided in lieu of an
adequate outfall with approval by the City Engineer. Drainage
easements along a required outfall channel or ditch shall be
provided until the flowl1ne "day lights" on natural grade. The
minimum grade allowed on an outfall channel or ditch will be 0.2
foot per 100 feet. Drainage easements will generally extend at
least twenty-five (25) feet past an outfall headwall to provide
an area for maintenance operations.
C. to provide a drainage system which is fully functional and
readily maintainable.
d. to provide for storm flow resulting from a one hundred (100)
year frequency storm in accordance with City drainage design
criteria. Such flow once contained in a public drainage easement
and/or right-of-way shall continue to be retained with public
easements or rights-of-way, unless approved by the City Engi-neer
under a strictly controlled set of criteria. Over-flow swales
intended to convey "public" storm flow shall be contained in a
drainage easement, included in the design plan, and constructed
in conjunction with the storm drainage improvements.
el that the storm drain system will be designed to ultimate land
use. If stage construction is used, temporary offsite measures
can be utilized as development proceeds but must be approved by
the City Engineer. These temporary offsite measures must be
brought into conformance with ultimate design standards as
development proceeds.
CONTRACT FOR: PACE - ALSBURY VILLAGE, LOTS 1-4, BLOCK 1
11-8
2. Cost Distribution;
a. The City shall not pay any amount in the cost of storm drainage
facilities consisting of pipe 60-inches or less in diameter,
including the cost of any trench and/or channel excavation,
manholes, inlets, lead lines, headwalls and/or any other items
to complete the system.
b. Where pipe larger than 60 inches is used, the City shall pay
twenty-five percent (25%) of the difference in construction cost
between a sixty inch pipe and any larger pipe size. There will
be no City participation in the cost of any trench arid/or
channel excavation, manholes, inlets, lead lines, headwalls,
and/or any other items to complete the system.
C. Where a lined channel is constructed, the City's participation
shall be as follows:
(1 ) Twenty-five percent (25%) of the cost of concrete lining
in place provided the bottom of the channel is lined with
concrete or consists of natural solid rock.
(2) Twenty-five percent (25%) of the cost of gabion lining
provided that the channel bottom is lined either with
concrete or gabion; and/or ti:o bottom of the channel
consists of natural solid rock,,
(3) There shall be no City participation in the cost of any
trench excavation, right-of-way, inlets, manholes, guard
rail, rip-rap, seeding, sodding and/or any other appurte-
nances necessary to complete the drainage facilities.
d. Where a bridge or culvert is constructed, the City's participa-
tion shall be as follows:
(1) For systems smaller than or equal to a pipe size of sixty
(60) inches in diameter, area-wise, there shall be no City
participation.
(2) Where the system is larger than a pipe of sixty (60-11)
inches in diameter or is of some otner shape with a cross
sectional area of more than 19.6 square feet, the City
shall base its share of the cost on the water shed area. to
be drained and will calculate its share according to the
table below for any bridge and/or culvert for a street
crossing up to a roadway width of:
Forty (40) feet adjacent to single family or
duplex residential zoning and use.
Fifty-two (52) feet adjacent to any other zoning
and/or use.
CONTRACT FOR: PACE - ALSBURY VILLAGE, LOTS 1-4, BLOCK 1
11-9
Watershed Area City's Participation
(Acres) (% of Cost)
up to - 1,000 25
1,001 - 1,500 30
1, 501 - 2,000 35
2,001 - 2,500 40
2,501 - 3,000 45
3,001 - 3,600 50
3,601 - 4,200 55
4,201 - 4,800 60
4,801 - 5,400 65
5,401 - 6,100 70
6, 101 - 6,800 75
6,801 - 7,500 80
7, 501 - 8,300 85
8,301 - 9,100 90
9,101 - 10,000 95
Over 10,000 100
(3) Except as provided in Item 7. , Page II-11, the City shall
also pay one hundred percent (100%) of the cost of con-
.
structing the extra width of a bridge or culvert neces-
sary for roadways in excess of:
• Forty (40) feet adjacent to single family and/or
duplex residential zoning and use.
• Fifty-two (52) feet adjacent to any other zoning
and use.
(4) There shall be no City participation in the cost of
parkway improvements, including pedestrian ways, guard-
•rails, etc.
(5) Developers shall submit cost estimates for both a bridge
and culvert and City cost participation shall be limited
to the lowest City cost estimate based on the standard
cost distribution listed above.
The City Council reserves the right to evaluate the
overall economic benefits to the City in all cases where
its participation in a bridge or culvert exceeds forty
percent (40%) . The Director of Transportation and Public
Works shall submit an economic evaluation and recommenda-
tion to the Council in such cases.
(6) If the City requires a roadway width greater than those
described above, one hundred percent (100%) of the
additional cost of the drainage facility necessary for
that excess width will be paid by the City of Fort Worth.
CONTRACT FOR: PACE - ALSBURY VILLAGE, LOTS 1-4, 1$I_,,OCK 1
11-la
(7) If the developer desires a roadway wider than determined
necessary by the Director of Transportation and Public
Works, then there shall be City participation for the
additional cost of the drainage facility necessary for the
excess width.
(8) Bids and estimates for the construction of bridges and
culverts shall be prepared on a unit cost basis for the
I
length of the basic structure (width of the street) with
all appurtenances such as guard rail, wingwalls, etc. ,
being separate bid items, so that the cost distribution
due to oversize structures can be readily determined.
e. The City will consider the level of service being required and
City participation in extra cost of storm drainage facilities
where the level of service is increased due to collector or i
thoroughfare street requirements.
f. Storm flow shall not be diverted from its natural drainage
course to a border stA•.eet unless approved by the City Engineer.
Where storm flow is diverted, in the opinion of City Engineer
there shall be no City participation for the additional cost of
constructing and/or oversizing any drainage facility or
appurtenance required to handle such diverted storm flow and the
City's participation shall stay the same as if the diversion dial
not occur.
g. The City shall pay engineering costs in the amount of six
percent (6%) of the actual cost of the City's share of construc-
tion as defined above upon completion and acceptance of the
storm drain facilities. However, for preparation of Community
Facilities Agreements, the City shall use six percent (6%) of
the estimated cost of its share of construction as defined above
for design engineering.
h. The City shall assume its share of the cost - ` the storm drain
improvements and the engineering fee only if x:a • is are available
for such participation. In the event tha;:, no funds are
available for City participation, the developer shall award the
contract and deposit with the City cash, or performance and
payment bonds for 100 percent of the estimated total construc-
tion cost of the improvements (plus ten percent (10%) for
engineering and miscellaneous costs if the City prepares the
plans) .
i. The Developer shall pay a construction inspection and materials
testing fee in the amount of two percent (2%) of the developer's
share of the storm drainage construction cost as defined above.
The two percent (2'%) amount shall be included with the submittal
by the developer of the performance and payment bonds, or cash
together with the signed community facilities agreement to the
Development Coordinator. For the preparation of a community
CONTRACT FOR: PACE - AL.SBIJRY VILLAGE, LOTS 1'4, BLOCK I
. . . . .. . . . . . . . . . ... . . ... . . . . . . . . . . . . . . .. . . . . . .. . ... . . . . . . . . . . . . . . . .2 ,
I
; !
�
. «
fac£1£tie's agreement, two percent (2%) of the esti ate cost of +
the Developer's share of the storm drainage construction as
defined above for the construction inspection and materials
testing fee shall be used. At the time when bias are submitted
and Prior to the work order being issued, the Developer shall
submit the amount in cash representing two Percent (2%) of the \
Developer's share of the storm drainage construction cost, This '
amount may be adjusted by t! a Developer or the city, upon /
%
written request, to conform to the actual construction cost upon \
completion and acceptance of the storm drainage facilities,
provided the difference is greater than twenty-five dollars \
�
($25,00) .
j, The following special cost distribution conditions shall be in
lieu o£, shall supersede and shall Prevail over any of the \
standard cost distribution provisions which may be in conflict `
�
herewith, <
§ƒ
»\
None: \y
\\
\y
�.
�\
. \
: .
�\ .
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r
\�
N\
�)
1.
�
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�
U
�
COG ACT FOR: f&C£ . ALS«URY VILLAGE, LOTS 1-, BLOCK I
I
3. Estimate of Construction Cost
Unit Developer City* Total
Item Quantity uantit Price Cost cost Coast
Compacted Fill 2,656 C.Y. $ 5.00 $ 13,280 $ -0- $13,280
30" 20,500 CL. III RCP 410 L.F. 50.00 20,500 -0- '
4' Sq. Std. Manhole 1 Ea. 1,975.00 1,975 -0- 1,975
Std. 10' Curb Inlet 1 E`. 2,200.00 2,200 -0- 2,200
Type "B" 30" Conc. Headwall 1 Ea. 2,000.00 2,000 -0- 2,000
Rock Rip Rap Erosion Control 25 S.Y. 30.00 750 -0- 750
Unclassfied Channel Excay. 2,700 C.Y. 5.00 13,500 -0- 11,500
I
00 8'
Hydromulch 2,600 S.Y. 3.00 7,800 -0- 7, I
I
Sub-Total $62,005 $-.0- $IEr`2005.
10% Contingencies 6,20 6_j,203:
Total $68,206 $-0-
*City's participation due to proposed park site is $ -0-
CONTRACT FOR: PACE - ALSBURY VILLAGE, LOTS 1-4, BLOCK 1
II-1.3
{Ili: I
D, SUMMARY OP COST:
Developer City Total
Street Improvements ?i
Construction Sy 95,773 $ -0- , __ 95,773 j
Design (0% of
Construction Cost) $ -0- $ =0-
Construction Engineering and
Administration
(995% of Construction Cost) $ 11915•' $ 71183 - $ 9,.098
Storm Drain Improvements
Construction $ 98,206 $ -0- $. 68,206
Design ( 0% of
Construction Cost) $ -0-..
construction Engineering and #�
Administration
( 10 % of Construction Cost) $ 1 364 $ 5,457 a 6,821
1
Street Light Improvements (III)
C $ 6000 5 -0-
Construction
Design (10% of .�
Construction Cost) $ 600 $ -0- S 600
Street Name Sign Improvements (IV)
80:
Construction $ 80 $ -0- 3
�i
TOTALS (THIS PROJECT) $ 173,93.8 ,$ 12,640 _ $ 18`6,578
tt,
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*The sum of $ 173,938 to be deposited by the Developer prior to the execution of the 3?
contract. Does not include Developer's Design Engineering Cost on interior streets and 'storm
drains. A
)
City's participation due to facilities constructed adjacent to City Park is: is
Streets $ -0- r' Storm Drains -0- I
a,b Represents two percent (2%) respectively of the Developer's share of the estimated
1#
construction costs for construction inspection and materials testing.
c,d Represents the City's share of the construction engineering and administration.:cost.,.
Reco ended
Don M ne' ; ssista t Director `0_._,A Ali:q��
w:
Tr portation and Pub 'c Works �
A?4
Date
Based on Policy Revised
September, 1992
CFA Code: 96064
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CONTRACT FOR: PACE - ALSB RY VILLAGE, LOTS 1-4, BLOCK I
i
II-14
II:I
STREET LIGHTS
1. The Developer agrees to provide for the installation of street
lights at the approximate locations shown in Exhibit
within ninety calendar days of final acceptance of the street
construction in accordance with engineering plans and
specifications to be approved by the Transportation and Public
Works Department.
I
2. When the City installs the lights, the Developer agree , to pay
the City the amount shown below prior to the City starting its
design efforts. When the City prepares the plaits for the
Developer' s contractor to install the lights, the .:,D.
agrees tQ pay the City 100 of the estimated construct.i.on co's't
before the City starts its design efforts. 1.
3. The Developer has the option to install the lights on. ;relsidentia�
and collector streets using overhead, o:r underground -;c o nductor ,
but the lights on arterial streets require underground
conductors. The City will install all the lights tk�at use
overhead conductors. The City will normally nsta � all the
lights that require underground conductors, but; the Developer
agrees to employ. a. contr'a-ctor to ristall the- 11 gh s when the Clty
is unable to. begin .nstalling the lzgti':ts wsthiri` ninety ,calendar
days of f: :ral. acceptance of the street. construction 3
4. The Developer a:gre.es! to ,pay ,the City 20 of the construction cost
i
for cons;tructzon en ineering .:and ;. nspe:etlon of $e street; light
nstaal:ation if a c.ontracto.r i:ns.talls :.the street lights
5. The Developer agrees to` .dedi`cate all ,,easements xequired for the
installation and maintenance of th street =lights and; to provide
for the installation df. any 41 ct:ri.cal, tra*_��formers equired 'for
the pr;ope.r operation of ;;tire streef' li-.ghts
6.: The estimated cost of this street light ins:tallatson is detailed
on page II1-2 and is suminarYZe'd be-l".: I'n the event the
Developer pays the City to do any of the work, st is
agreed by
both parties that final payments will.. be adjusted such ghat the
Developer's payment is w.1 bin $25.00 o't the .actual east (>to
include overhead and fringe benetits) .
DEVELOPEP..'S COST '
$6,600.00
PACE-ALSBURY VILLAGE
Port Worth, Texas September 12, 1.996
III-1 -
III
STREET LIGHT COST ESTIMATE
QUANTITY UNIT COST TOTAL COST
INTERSECTIONS 1 EA $ 2, 00'0 $ 2• 'x'00
Alsbury Blvd. & Jake Court
MID-BLOCK RESIDENTIAL 1 EA $ 2, 000 $ 2.,0'00
1 on Jake Court
CHANGE OF DIRECTION RESIDENTIAL 1 EA. $ 2, 0-00 $ 2`000
1 on Jake Court
MID-BLOCK COLLECTOR 0 EA $ 2,Q'00.
i
MID-BLOCK ARTERIAL PARKWAY 0 EA $ 2,D0:0 $ 0
MTD-BLOCK ARTERIAL MEDIAN 0 EA $ 2;'200 $ 0
I
RELOCATE EXISTING LIGHT:, 0 EP $
a �
Su? •. ital
D; Veloper's Subgtal x,000 001 t
10.% for Engzneer�ng ,', $ 600' 00
Adj acerit Developer's Cost : $ 9.=
Developer'•s.=.CCt.
i
PACE-AI SBUR5t 'VILLAGE
Fort Worth, Teas September
III-2
I
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S'T'REET NAME SIGNS
1 . The Developer agrees to pay for the street name s .gn
installations required by this development to the extent of_
`'g0.00 per intersection. This unit coast will be revised annually
sly the Department of Transportation and Public Works to` `reflect.
prevailing costs of materials and labor.
2. This development c=reates the following one (3 ) nte,rsect ;on at a
cost to the Developer of $'80.00:
Alsbu.ry Blvd. & Jake Court
3. The Developer may either deposit cash funds with the Cit'Y equal
to the above amount at the time of C:ommun: ty Facilities Agreement
approval or w=ait until the street name. szgns are' to be installed
If the Developer elects to wait, the. dbs-t . of street nape signs
will be at the rate pr.euaiing, when the Develoer deposits funds
with the: City.
I
4. The .City w1111 install t1i.el street• name' sign's upon final approy-g, '
of the st=reet construct-ibft. The; street name :smgns wall remain
the property of, and will b''e .maintained by, the City
,
PACE.•-ALS$vRY VILLAGE
Fort Worth, Texas September 12, 18`:86
IV-1
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GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer shall yS,
employ a civil engineer, licensed to practice in the State of Texas, for the #
design and preparation of plans and specifications for -the construction of all
facilities covered by this contract, subject to Paragraph B.
0
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 „(
7r�
developer shall pay, to the City an amount equal to 10 percent of the: finial: 4�
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. facilities, the plans and specifications so prepared?
shall be subject to approval by the department having: jur'isdiictiion. Ole
reproducible set of plans with 15 prints and 35 specifications for each, facility, ��r
shall be furnished the department having jurisdiction. It is agreed and.. x�E
understood that in the event of any disagreement on the plans arid'
specifications, the decision of the 'Transportation/Public• Works Departmenfi.
Director, and/or Water Department Director will be findl, ,LI
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;.
I�J
be vested' at all times in the City of Fort Worth, and developer her
±„
relinquishes any right, title, or interest in and to said facilities or any part:
f }
hereof.
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E. 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
obligation on the part of the City to make any refunds with respect to water '-
and/or sanitary sewer facilities- ::call 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
I
of ten (10) years commencing. on the date that approach mains are accepted
by the Directcr. 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 -`
y p � G
extended for an additional one-year period. Community Facility Contracts not
completed within the time periods stated above will require renewal of the s
b;
contract with all updated agreements being in compliance with the policies in
effect at the time of such renewal. Deveiopers must recognize that City funds
may not be available to. pay all _or..a_portion_of_the..normai City_share-for )r
renewal contracts. It must be understood by all parties to the Community F
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 f
at the developer's expense. The City of Fort Worth shall not be obligated to )
ma-e any refunds due to the developer on any facilities constructed under this
agreement until all provisions of the agreement are fulfilled.
F. PERFORMANCE AND PAYMENT GUARANTEES )
1 . For Street, Storm Drain, Street Light and Street Name Sign Facilities on
a Non-Assessment Basis:
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Performance and Payment bonds or cash deposits acceptable to the City
}i
are required to be furnished by the developer for the installation of �I
streets, storm drains, street lights, and street name signs, on a non-
assessment basis, and must be furnished to the City prior to execution
gi
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
it
the amount of one hundred twenty five percent (125%) of the #<< l
developer's estimated cost of the streets, storm drains, street lights,
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street name signs, and change orders (during the course of the project).
2. For Pavina Assessment:
Ir I
Performance and payment bonds or cash deposits, acceptable to the }E
City are required to be furnished by the developer for one hundred at
percent (100%) of the developer's estimated cost resulting from the P
paving, drainage, lighting and name signage of border streets on an ?�
assessment paving basis. (deference Section VI, Item 3, Development j
aF•�
�y
Procedures Manual.) Said performance and payment bonds or cash
3�
deposits must be furnished to the City prior to execution of this s
contract. .i
3. For Water anal Sanitary Seaver Facilities:
Performance and payment bonds, or cash deposits, acceptable to the r
f
City are required to be furnished by the developer for the installation of I
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
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deposited, in the amount of one hundred percent (100%) of the r`
estimated cost of construction, cash deposited shall be in the
amount of one hundred twenty-five percent (125%), as state I in
the construction contract, is required to be furnished simultaneous
:C
with execution of the construction contract. <<?
b. Where the City lets the contract, performance and payment bondsx ::
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shall be deposited, in the amount of one hundred percent 1100%)
k1
of the estimated cost of construction, as stated in the f F
construction contract, is required prior to issuance of a work order
by the City.
4. Types of Guarantees:
at Pgrtgrrrtangg and Payment i7grida; aria roquirtd for thti
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 ,
3 ;
provided by a licensed surety cornpany on forms furnished
by that surety company. r
(2) The bonds will be subject to the review and approval by the
City Attorney. j
(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.
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(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 'f
the surety shall be included on the current U.S. Treasury list }
k
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 s4
verification that an attempt to secure a bond has been denied,
f4
such deposit shall be made in the Treasury of the City of Fort si
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 �ak
assessment projects, the cash deposit shall: 'be adjusted to
one hundred twenty five percent (125%) of the actua[ bird
price. No contract shall be awarded and no work order shall °
be issued until such adjustment is made.
1,,..
(2) When a cash deposit is made, the additional twenty-five
percent (25%) beyond the one hundred percent (100'%m;) of
the estimated developer's share represents additional! Bands
for change orders during the course of the project.. This
twenty five percent 1,25%6) shall be considered the
developer's change order fund.
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(3) If the developer makes a cash deposit with the City, the
developer may make timely withdrawals from the cash i
funds in order to pay the contractor and/or subcontractor fl'
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 i
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 t
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 detorminel the
amount of security that may be reduced upon request of
developer. The remaining security, five percent (5'%) for
projects of 5400,000 or greater and ten percent (10%) for '
projects less than $4400,000 together with the remaining.
funds from the Developer's Change Order Fund, if cny, will f
be released to the developer after the project has been
_accepted -,_y -the .City. Partial ..release _of _fund's -shall _be
limited to once per month. There shall be no partial release
of fund's for projects of less than $25,000. Proof that the
developer has paid the contractor shall be required for partial
releases.
V-6
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5. Purpose, Term and Renewal of Guarantees:
i
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 i 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 whore the developer has a direct contractual
relationship for the performance of work hereunder. j
I
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..
G. 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 (1 0%n) for
engineering and miscellaneous costs if the City prepares the plans].
H. On all facilities included in this agreement for which the developer awards 'its
own construction contract, the developer agrees to follow the following
,
procedures:
1. If the City participates in the cost of 'the facilities, the construction
contract must be advertised, bid and awarded in accordance with State
V-7
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11.
statutes prescribing the requirements for the letting of contracts for the
construction of public work. This includes advertising in a local x
newspaper at least twice in one or more newspapers of general j
circulation in the county or counties in which the work is to be
E:
performed. The second publication must be on or before the tenth ,
(1 Oth) 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 r
City. 'i
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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
t,
and bonded to do work in public streets.
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 t '-
amounts required by the City's specifications covering that particular
work. u
4. To give 48 hours notice to the department having jurisdiction of intent
Ir
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 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.
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5. To secure approval b the Director of the Department having jurisdictions{
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of any and all partial and final payments to the contractor. Said
approval shall be subject to and in accordance with requirements of this
E:
agreement, and is not to constitute approval of the quantifies of which a, ,1
97,
payment is based.
6. To delay connections of buildings to service lines of sewer and water zi
mains constructed under this contract until said sewer and water mains
and service lines have been completed to the satisfaction of the Water �
' '
Department.
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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 k
shall be separated in the bidding and City participation, if any, shall be
I
limited to the lowest possible combination of bids as if each of the
r�F
above were awarded as separate contracts.
I
I. 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 agree as follows:
�E
1. The developer shall make separate elections with regard to water and/or r,
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sanitary sewer facilities, storm drainage, street improvements and street i l
i ,
lights as to whether the work prescribed herein shall be performed by
the City, or by its contractor, or by the developer, through its
E
contractor. Each separate election shall be made in writing and E..
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 y
been made and delivered to City by such date, it shall be conclusively
presumed that the developer has elected that such work be performed r
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by the City in accordance with all of the terms of this agreement, and in iS}
particular Paragraph V-F hereof.
2. Irrespective of any such election and whether the work is to be 9 ;
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 performance and payment guarantee in accordance with the �[
provisions of Paragraph V-F of this agreement.
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3. In addition to the guarantee required in the preceding paragraph, in the Q; .
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
l, l
of the estimated construction costs. The amount of such estimated
payment shall be computed as set out in Sections I, 11, 111 & IV 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 4
F '
costs upon final completion of the subject work. Such estimated a 1 :
payment shall be made promptly upon demand by Citu, it being kj
understood that such payment will be made after the receipt of bids fr
work, but in every case prior to the award of any construction contract,
unless otherwise specifically set out herein. r"
4. Developer further covenants and agrees to, and by these presents does r
s
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 i
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described herein, whether or not causes, on whole or in part, by the
negligence of officers, agents, employees, licensees, invitees, E
contractors or subcontractors of the City; and in addition the developer
covenants to indemnify, hold harmless and defend the City, its officers, gypp '
tjy ' I
agents and employees from and against all claims, suits, or causes or
action or any nature whatsoever brought for, or on account of any ti€`
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, on whole or in part, by the negligence of officers, agents,
employees, licensees, invitees, contractors or subcontractors of the
City,
5. Developer covenants and agrees that it discriminates against no f
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 L
3 ,
by the terms of such Ordinance No. 7278 (as amended by Ordinance
No, 7400). i
J. The attached Exhibits Appendix "A", A, 8, B-1, C, and Location Map are made
a part hereof for all intents and purposes.
K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
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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,
al
and Developer covenants and agrees to comply with said Policy as a condition s
of this contract and as a condition to the platting of the subject property.
psi
IN TESTIMONY WHEREOF, the City of Fort Worth has cmised this instrument to be ;.
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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 Deveio''
has ex ed thi: instrument in quadruplicate, at Fort Worth, Texas this the---,/'/ clay li ;
of cam, 19 i
E4
ATTEST: CITY OF FORT WORTH, TEXAS '
ii'Rii :n
Vin{`
,
Mike Groomer i
kyk��Gce- C
City-Secretary --Assistant City iblanager
APPROVED AS.TO FORM AND DEVELOPER: `
LEGALITY: J.C.-Mice;_Ltd.;_a Texan=L united-I'artrersh'ip'
BY:3.C..PACE HOLDING COMPANY
GENERAL PARTNER '; -
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ByJ--' -K.-Pace
_Gary �d einberger
Assistant City Attorney President
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Conxao/t Autlaor �a1ra>�
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APPENDIX"A"
COST ESTIMATE SUMMARY
PROJECT PAC 38URY VILLAGE ? ;
PERFORMANCE
CONTRACTSECTI01,4 DEVELOPER CITY TOTAL GUARANTY
Section I
Water $ -0- $ -0- $ -0- $ -0-
Sewer 80,119 -0- 80,119 80`,119
Construction Insp. Fee 1,603 -0- 1.,603 1,603'
Section II �P
1. Interior Streets '
P'
Construction 95.773 -0- 95,773 95,773
Design Eng. -0- -0- -0-
Eng. &Admin 1,915 7,183 9,098 1..9`15* t�
2. Storm Drains u
Construction 68,206 -0- 68;206 68,206
Design Eng. -0- -0- -0-
Eng. &Admin. 1,364 5,457 6,82:1 1.364*
Section III f,
Street Lights 6,000 -0- 6,000 6:0.00
Design 600 -0- 600 600
Section IVn
Street Name Sign 80 -0- 80 80
TOTAL $255,660 $ 12,640 $268.300 $255,660
2%Construction inspection fee to be deposited in cash prior to issuance.of work order. �
i'.{'s
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Fa1�
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LOT 'LOT ...
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LOT 1. BLOCK I
J.C.P.C. ADDITION
t CH $RVICE STATIOfl!
PROP.
0 sSM14
IN
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c111 cI'f
71(
LOT 4
FUTURE
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LOT 5 �r
- I 0
1 Iry
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X
� vi
-ell z
o FUTURE
�j LOT 5 n
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i PROP. SSMH
15' UTILITY ESMT. _ _ I (
PROPOSED 8 SDR PVC
-�0— SANITARY SEWER PROP. SSMH
LOT I, BLOCK I
-0 FORT WORTH TRANSPORTATION
I AUT14GRITY PARK AND RIDE
co
cn
EXHIBIT "A
o SCALE i I° = 100' PROPOSED SANITARY SEWER IMPROVEMENT
i n TO SERVE
A PACE°ALS®URY VILLAGE
m BEGIN CONSTRUCTION !?.
CONNECT TO EXIST. �I
SAN, SEW. MANHOLE WA TNEO44DEI6-7 19
WA N0. 90:
7i'ii
lb
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EXIST. 10' 1 LOT I ( !
INLET
I I FUTLMIE
LOT 5 {;
EXIST. 10' —
INLET 1
LOT 2 1 r.
Ya
PROPOSED T° 6dE1NF.
f 1 CONCRETE PAVEMENT °!.
1 W/ 70 CURB 5 :
'° I
1 �
LOT 3 ; 1
1
r-IF
LOT 4 11 1
-
O 11 �
CA
CIA 1 EXISTING 1 1
1 GAS VROSTATION 111
11<I
111 4
SGAL.E 1° a 100' 1. 1
I`
- 7
EXIST. 16'
CONC. WATER
LINE
• et•aa�um.n®s. .m•aa �� ..
ALSBURY BLVID. ;
EXHIBIT 'B
PROPOSED STREET IMPROVEMENTS ;? :
TO SMVE i
PACE--ALSSURY VILLAGE ,
S'
SEPTEMUM 1996
WA NO. 96-035
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—� PROP. TYRE 6
— -- — -------- -----I------
PROPOSED 50'--JV -- 30' HDWL.
DRAWAGE EASEVENT
Ar
EXIST. 2 861.. ------------�-------_ --- J
'X 4' BOX ----------------------.-----i
CULVERT I I FIYTIPFEE ;r i
I I LOT 5
¢ 15' DGU-
ESMT.
LOT I
f I �
EXIST. 10'
INLET
11
0�
dLOSIED ET
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EXIST. 10'
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EXHIBIT °B..
PROPOSED STORM DRAIN WROVEMENTS
To s ALSBURY D.
FACE--'AL 'Y' VILLAGE
3
SEPTEMBER 1996
lPI NO. 96-035
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EXHIBIT
PROPOSED STREET LIGHTS a SIGNAGE 1
FM
PACE-°ALSBLRY VILLAGE
SEPT043M 1996
WA NO. 96-035 ;
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PACE-ALSBURY VILLAGE
PACE-ALSBURV VILLAGE
ESCROW/PI.,EDGE, AGREEMENT
THIS ESCROW/PLEDGE AGREEMENT (the "Agreement"), entered into as of
October 3, 1996, by and among J.C. face, Ltd. ("Developer"), the City of Fort Worth,
Texas, a municipal corporation of Tarrant County, Texas, ("Fort Worth") and Bank One,
Texas, N.A., ("Escrow Agent") is witness to the following:
WHEREAS, Developer and Fort Worth have entered into a Community Facilities
Agreement for certain lots in Block 1 of the Pace-Alsbury Addition, an addition to the
City of Fort Worth, 'Tarrant County, Texas (the "CFA"); and
WI-LEREAS, the CFA provides that Developer shall submit to Fort Worth
performance and payment bonds, cash deposits or other security acceptable to Fort j
Worth (collectively, the "Intended Security") for the purpose of guaranteeing satisfactory
compliance by Developer with all requirements, terms, and conditions of the CFA
(collectively, the "Secured Obligations"); and
WHEREAS, Developer and Fort Worth desire and agree that Developer be
allowed to escrow and pledge cash deposits to Fort Worth, to be held by Bank One,
Texas, N.A. as Escrow Agent, in lieu of and in complete satisfaction of the obligation to
submit the Intended Security to secure the performance of the Secured Obligations;
NOW THEREFORE, for and in consideration of the premises, ten dollars ($10.00)
and other good and valuable consideration, the receipt, sufficiency, and adequacy of
which are hereby acknowledged and confessed, the parties hereto hereby agree as
follows:
SECTION 1. DEFINED TERMS.
For the purposes of this Agreement, unless the context otherwise clearly requires,
the following terms shall have the following meanings:
"Initial Security Funds" shall mean the cash deposit of $342,617.50 which
sum represents 125 percent of the estimated Developer's share of the cost
of constructing the improvements identified in the CFA. The Developer's
share of the total cost of such improvements shall hereinafter be called the
"Estimated Developer's Cost".
"Lien" shall mean any lien, security interest, charge, tax lien, pledge or
encumbrance designed to secure the repayment of indebtedness or the
satisfaction of any other obligation to a third party not a party to this
ESCROW/PLEDGE AGREEMENT PAGE 1
(H:\SAN\14439\005\ESCROWPL.AGRI October 2, 1996
Agreement.
"Payment and Performance Bond" shall mean a bond issued by a corporate
surety or insurance company acceptable to Fort worth
in an arnount equal to cost of improvements not yet completed by
Developer.
SECTION 2. PLEDGE.
As securif- °-r the full and punctual performance of the Secured Obligations,
Developer hereby pledges, assigns, and transfers to Fort Worth, and hereby grants to
Fort Worth a security interest in, the Initial Security Funds and all rights and privileges
pertaining thereto with the exception of the interest income to be derived therefrom.,
which interest income shall remain the property of Developer and shall be distributed by
Escrow Agent in accordance with Developer's periodic instructions. (The Initial Security
Funds and any substitution by Developer with a Payment and Performance Bond as
permitted hereunder, are collectively referred to hereafter as the "Pledged Collateral");
TO HAVE AND TO HOLD the Pledged Collateral, together with all rights, titles,
interests, privileges, and preferences appertaining to or incidental thereto, unto Fort
Worth subject, however, to the terms, covenants, and conditions hereinafter set forth.
The security interest granted and the assignments made hereunder are made as security
only and shall not subject Fort Worth or Escrow Agent to, or transfer or in any way,
affect or modify, any obligation of Developer with respect to any of the Pledged
Collateral or any transaction involving or giving rise thereto.
SEC'T'ION 3. PHYSICAL POSSESSION OF PLEDGED COLLATERAL.
Concurrently with the execution of this Agreement, Developer shall have
delivered to and deposited with Escrow Agent the Initial Security Funds representing or
evidencing the Pledged Collateral. The parties acknowledge and agree that Escrow Agent
shall be required to segregate the Pledged Collateral from other funds held by Escrow
Agent for Developer in accordance with the normal practices of Escrow Agent as an
Escrow Agent. Escrow Agent shall return all funds on deposit representing or
evidencing the Pledged Collateral remaining in its possession to Developer (or take such
other action as Developer may request or direct) immediately after receipt of written
notice from Fort Worth that the Secured Obligations have been fully performed. During
such time as Escrow Agent has possession of the Pledged Collateral, Escrow Agent shall
furnish to Fort Worth (when requested by Fort Worth) written acknowledgments signed
by an officer of Escrow Agent detailing the amount of the Pledged Collateral.
SEC'T`ION 4. COVENANTS.
(a) Affirmative Covenants. So long as any of the Secured Obligations
ESCROW/PL
EDGE AGREEMENT PAGE_2
(H:\SAN\14439\005\ESCROWPL.AGR) October 2, 1996
remain unperformed, Developer covenants and agrees that Developer will:
(i) from time to time execute and deliver to Fort Worth all such
assignments, certificates, supplemental writings, and other items and do all
other acts or things as Fort Worth may reasonably request in order to
evidence and perfect the security interest of Fort Worth in the Pledged
Collateral;
(ii) furnish Fort Worth with information which Fort Worth may reasonably
request concerning the Pledged Collateral;
(iii) notify Fort Worth of any claim, action, or proceeding affecting title to
the Pledged Collateral or Fort Worth's security interest therein; and
(iv) adjust the Pledged Collateral to an amount equal to the actual contract
price, including revisions thereto.
(b) Negative Covenants. So long as any of the Secured Obligations remain unperformed,
Developer covenants and agrees that Developer will not:
(i) assign or transfer any rights of Developer in the Pledged Collateral; or
(ii) create any Lien in the Pledged Collateral, or any part thereof, or
permit the same to be or become subject to any Lien except the security
interest herein created in favor of Fort Worth.
SECTION 5. EXTENTS OF DEFAULT.
Developer shall be in default under this Agreement only upon the happening of
any of the following events (a "Default"):
(a) default in the timely payment or performance of the Secured
Obligations after written notice thereof has been given to Developer and
Escrow Agent and such default is not cured within seven (7) days after
such notice;
(b) any affirmative or negative covenant is breached by Developer.
SECTION 6. RIGHTS AND REMEDIES OF FORT WORTH UPON AND AFTER
DEFAULT.
(a) Remedy. Upon the occurrence of a Default, Fort Worth shall have the
right to direct Escrow Agent to transfer to Fort Worth all of the PIedged
ESCROWIPLEDGE AGREEMENT PAGE 3
(H:\SAN\14439\005\ESCROWPL.AGR) October 2, 1996
-. .....::.... . .. . `'`' it
Collateral. (Escrow Agent is hereby authorized to transfer the Pledged
Collateral immediately upon the receipt of a written statement purporting
to be executed by an authorized representative of Fort Worth stating that:
(i) a Default by Developer has occurred under the Community Facilities �
Agreements executed in connection with this Escrow/Pledge Agreement;
(ii) written notice of such Default has been given by Fort Worth to
Developer and Escrow Agent and such Default was not cured within seven !J
(7) days after such notice; and
(iii) Fort Worth is entitled to have the Pledged Collateral transferred in 1
accordance with the Agreement. ]
;.
(b) Notices. Any notice required or permitted to be given to any party hereto shall be
given in writing, shall be personally delivered or mailed by prepaid certified or registered is
mail to such party at the address set forth below, and shall be effective when actually t;
received.
i
J.C. Pace, Ltd., a Texas Limited Partnership
500 Throckmorton, Suite 2808
Fort Worth, Texas 76102
s.
With Copy to:
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Sheldon Anisman ''J`
P. O. Sox 17047
Fort Worth, Texas 76102
City of Fort Worth
Attn: City Treasurer
1000 Throckmorton Street
aiyr
Fort Worth, Texas 76102
with a copy to: 'TT.
'+
City of Fort Worth
Attn: Development Coordinator ;-'',
Department of Development
1000 Throckmorton
Fort Worth, Texas 76102
Bank One, Texas, N.A. 't
ESCROWIPLEDGE AGREEMENT PAGE 4
(H:\SAN\14439\005\ESCROWPL.AGR) October 2, 1996
r
500 Throckmorton, Suite 704
Fort Worth., Texas 76102
Attn: Kaye Wilke
Any party may change its address for notice by giving all other parties hereto notice of
such change in the manner set forth in this Section no later than ten (10) days before the
effective date of such new address. i
SECTION 7. EXCLUSIVE RIGHTS AND REMEDIES.
If the Developer fails to perform its obligations under the CFA, Fort Worth's sole Jy..
and exclusive remedy shall be to complete the obligations of Developer at Developer's
expense. In furtherance of such sole and exclusive remedy, Fort Worth is entitled to
exercise its rights as set forth in Section 6 hereof. !
SECTION 8. SUBSTITUTION OF COLLATERAL. "}
Notwithstanding any contrary provision in this Agreement, Developer shall have
the right (without the consent of Fort Worth), at any time and from time to time, to
obtain releases of all or any part of the Pledged Collateral (hereinafter called the
"Released Collateral") upon satisfaction of the following conditions:
(a) Developer shall provide Fort Worth and Escrow Agent written notice
(the "Substitution Notice") that Developer desires to obtain Released
Collateral (as specified and described in such notice) in exchange for a
contemporaneous substitution of a Payment and Performance Bond (as
also specified and described in the Substitution Notice); and
(b) Developer shall pledge to, or obtain for the benefit of, Fort Worth, and
deliver to Fort Worth a Payment and Performance Bond from a surety
acceptable to Fort Worth (the "Substituted Collateral") which Substituted
Collateral shall in the aggregate be at least equal to the Estimated
Developer's Cost; and
(c) Said Payment and Performance Bonds shall be accompanied by a ;a
written commitment from the surety that such Performance and Payment
Bonds shall cover all work which has occurred prior to the substitution of
Collateral provided for in this Section.
Upon satisfaction of the above-specified conditions, Escrow Agent shall be authorized
(without the consent of Fort Worth) to return to Developer the original Intended
Securivj Funds in Escrow Agent's possession that represent or evidence the Released '
Collateral or take such other action with respect to the Released Collateral as Developer
ESCROW/PLEDGE AGREEMENT PAGE 5
(H:\SAN\14439\005\ESCROWPL.AGR) October 2, 1996
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may request or direct. Developer shall pay.the expenses incurred by Escrow Agent in t
connection with obtaining each such release and substitution.
SECTION g. PERIODIC VVrFHDRAWA.L OF COLLATERAL.
Notwithstanding any contrary provision in this Agreement, Developer shall have
the right to periodic withdrawals of the ]Pledged Collateral (hereinafter called the
"Withdrawn Collateral"), upon satisfaction of the following conditions:
(a) Developer shall provide Fort Worth and Escrow Agent with written 'E
notice (the "Withdrawal Notice") that Developer desires to obtain the 4`
Withdrawn Collateral; and
(b) the balance of the Pledged Collateral after withdrawal of the
Withdrawn Collateral is at least equal to the estimated value of the
Secured Obligations then remaining to be performed (such remaining value
is hereinafter called the "Estimated Cost to Complete").
The Withdrawal Notice shall include a description of the Withdrawn Collateral and
Developer's calculation of the Estimated Cost to Complete. Upon receipt of the '
Withdrawal Notice, Fort Worth shall have seven (7) calendar days to notify Developer of ''
Fort Worth's objection to Developer's calculation of the Estimated Cost to Complete by ?:
providing Developer with Fort Worth's calculation of the Estimated Cost to Complete. ,� y
The grounds for any objection are limited solely to a good faith. determination by Fort �. . '
Worth that the balance of the Pledged Collateral is insufficient to cover the Estimated _
Cost to Complete. If Fort Worth fails to timely notify Developer and Escrow Agent of }� f
any objection, then Developer's calculation shall be deemed to have been accepted and
approved by Fort Worth and Escrow Agent is authorized.to release the Withdrawn
Collateral requested by Developer without delay. In the event a written objection is
timely filed by Fort Worth and Fort Worth's calculation. is within a range of five percent
(511,;',), of Developer's Estimated Cost to Complete, then Developer shall be allowed to
withdraw the amount corresponding to Fort Worth's calculation of the Estimated. Cost to t„
Complete. If Fort Worth's calculation of the Estimated Cost to Complete is outside a ;
1
range of five percent (5%) of Developer's Estimated Cost to Complete, then Fort Worth
and Developer, through a designated representative, will reconcile the calculations and
r :
jointly approve an Estimated Cost to Complete and advise Escrow Agent to disburse the
amount originally submitted by Developer, less any amounts necessary to ensure that the
balance of the Pledged collateral equals the Estimated Cost to Complete as jointly
determined by Fort Worth and Developer.
If after the expiration of two (2) years from the date of this Agreement either
ESCROW/PLEDGE AGREEMENT PAGE 6 I
(H:\SAN\14439\005\ESCROWPL.AGR) October 2, 1996 S"
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(i) none of the Secured Obligations have been performed; or
(ii) the term of the CFA has not been extended by Fort Worth,
then in either event Fort Worth shall be entitled to receive the Pledged Collateral as
g
specified in Section 6 and construct the improvements contemplated in the CFA.
SECTION 10. NON-ASSIGNABILITY OF FORT WORTH'S RIGHTS. .
The rights, powers, and interest held by Fort Worth hereunder in and to the
Pledged Collateral may not be transferred or assigned by Fort Worth in whole or in part. �?
Amy attempted transfer or assignment shall be absolutely void and shall entitle Developer
r.
to a release of all Pledged Collateral.
i
SECTION 11. NO WAIVER.
No waiver by Fort Worth of any Default shall be deemed to be a waiver of any N.
other subsequent Default. No delay or omission by Fort Worth in exercising any right or
power hereunder shall impair an such right or power or be construed as a waiver
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thereof, nor shall any single or partial exercise of any such right or power preclude other
or furiher exercise thereof.
SECTION 12. BINDING EFFECT. ::
This Agreement shall be binding on the parties, their successors and assigns. No EY
provision of this Agreement may be amended, waived, or modified except pursuant to a
written instrument executed by Fort Worth, Escrow Agent and Developer.
SECTION 13. CHOICE OF LAW. < '
This Agreement is to be construed and interpreted in accordance with the laws of the
State of Texas.
SECTION 14. COUNTERPARTS.
This Agreement may be executed in any number of multiple counterparts and by
different parties on separate counterparts, all of which when taken together shall
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constitute one and the same agreement. jar,
Sg,w•.
SECTION 15. INDEMNITY.
Developer hereby agrees to release, hold harmless, and indemnify Escrow Agent (and its
directors, officers, employees, agents and representatives) from and against all claims,
ESCROW/PLEDGE AGREEMENT PAGE 7
(H `SAPS\14439`005\ESCROWPL.AGR) October 2, 1996
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damages, expenses, costs, suits and other liability of any kind whatsoever that arise out of
or are directly or indirectly related to the performance by Escrow Agent-of its duties
hereunder except for the gross negligence or willful misconduct of Escrow Agent or its
directors, officers, employees, agents or representatives.
DEVELOPER:
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J.C. Pace, .Ltd., a Texas Limited Partnership Er{
BY: J.C. PACE HOLDING COMPANY
GENERAI..PA ; R
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By:
K. Pace, President
CITY OF T WORTH, TEXAS
By:
Title: Assistant City M . ager
Date:
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ESCROW AGENT:
BANK ONE, TEXAS, N.A. c tl
By,
Tit e:
Date.
APPROVED:
CITY OF FORT WORTH ASSISTANT CITY ATTORNEY
Y. ,
Date:
,ytc i
ESCROW/PLEDGE AGREEMENT PAGE 6
(H:\SAN\14439\005\ESCROWPL.AGR) October 2, 1996
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City of Fort Wortk Texas
Mayor and Council Commun. , c
DATE REFERENCE NUMBER LOG N'A1�IE pGE
11/12/96 *'°C- 5755 O�iPAtE 1 of:2
sUBjECT COMMUNITY FACILITIES AGREEMENT WITH J.C. PACE, LTD., A TEXAS 1MITEb
PARTNERSHIP FOR THE INSTALLATION OF COMMUNITY FACILITIES - PACE -
ALSBURY VILLAGE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community
Facilities Agreement with J.C. Pace, Ltd., a Texas Limited Partnership, developer, for t'h'e
installation of community facilities for Pace-Alsbury Village.
DISCUSSION:
Pace, Ltd., a Texas Limited Partnership,the developer of Pace-Alsbury Village has executbd'
a proposed contract for community facilities to a 30 acre industrial site located m tfe northeast
corner of East Alsbury Road and South 1-35W, as shown on the attached maps:: The:
development is located in COUNCIL DISTRICT No. 8.
This Community Facilities Agreement is in compliance with standard City Policy and does not
require sidewalks.
The estimated cost of community facilities is shown on Table 1, subject to the actual bid;pnce::`
Table 1 : ESTIMATED COSTS
I
PROJECT COST DEVELOPER CITY TOTAL
i
Water $ 0 0 $, 0 j
Sewer 80,119 0 80,119
Construction Inspection Fee 1,603 0 1,603
Street Improvements
i
Construction 95,773 0 95,773
Design Engineering 0 0 0
Engineering and Admin. 1,915 7,183 9,098
Storm Drain Improvements
Construction 68,206 0 68,206
Design Engineering 0 0 0
Engineering and Admin. 1,364 * 5,457 6,821
Street Lights 6,600 0 6,600
Printed on Recycled Paper
City of Fort Wonk Texas
Council Miqyor and unit
DATE REFERENCE NUMBER Lt?G NAME E i
11/12/96 06PA.CE 2 oi< 2
SUBCTECT COMMUNITY FACILITIES AGREEMENT WITH J.C. PACE, LTD., A TEXAS LIMITED'
PARTNERSHIP FOR THE INSTALLATION OF COMMUNITY FACILITIES - PACE
ALSBURY VILLAGE
i
I
Street Name Signs 80 0 80
Total $255,660 $12,640 $268,300
*2% construction inspection fee,
E.
PLAN .COMMISSION APPROVAL:
On July 24, 1996,the City Plan Commission approved preliminary plat(PP=96 420) Pace Alst ury
Village, Block 1, Lots 1 thru 5. Final Plat (FP-96-06'1') Pace=Alsbury Villago, Block 1, Lots.:1 thru I
4 has been submitted to cityr staff for review.
F.IS'CAL :INFORMATJ.ON/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for tl is expenditure a'-' ale !n
the current capital budget, as appropriated:, of the New Development Fund.
i
MG:m
5irbmitted for City Manager's FUND ACCOUNT CENTER AMOUNT' CITY SECRETARY
Office by: (to)
n R VrD
Mike Groomer 6140
Originating Department Bead: G1TY
COUNCIL
Ann Kovich $901 (from)
C113 1 511010 020113095113 $12,640.00
For Additional Information
City 5gcr�taty of tR
Contact: City of Fart W rth;�exaa
Ann Kovich 8901
Printed on Aecl+ded Ptapar