HomeMy WebLinkAboutContract 16383j , . ,
COMMUNITY FACILITIES AGREMENT
CITY SECRET
THE STATE OF TEXAS () CAN;r�AG
COUNTY OF TARRANT ()
WHEREAS, White Settlement West/ Teslin Master Joint
Venture, consisting of White Settlement West Joint Venture
acting through Redwood Properties, Inc., Managing Venturer,
Charles F. Stark, Vice President, and Te's)lin Investment Corp-
oration, Joint Venturer, Arthur Tann, Attorney -in -Fact,
hereinafter called "Developer", desires to make certain
improvements to Live Oak Creek Waste Water Collection Facilities
(Silver Ridge), 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 County, Texas
hereinafter called "City", to do certain work in connection
with said improvements;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That said Developer, acting herein by and through Charles F.
Stark, Vice President, Redwood Properties, Inc., and Arthur
Tann, Attorney -in -Fact, Teslin Investment Corporation, and the
City, acting herein by and through David A. Ivory, its duly
authorized Senior Assistant City Manager, for and in consider-
ation of the covenants and agreements herein performed and
to be performed, do hereby covenant and agree as follows,
to -wit:
_,
LIVE OAK CREEK WASTEWATER
COLLECTION FACILITIES
WATER AND/OR SANITARY SEWER FACILITIES
A. The City agrees to install, by contract or otherwise, or to permit the
Developer to let a contract for, in accordance with its accepted
practices, ordinances,• regulations, and the provisions of the City
Charter, and subject to the requirements of the City's Policies and
Regulations for Installation of Community Facilities, all as current
at the time of installation:
WATER FACILITIES to serve the lots as shown on the attached Exhibit
N/A, and SANITARY SEWER FACILITIES to serve the lots as shown on the
attached Exhibit A , all in accordance with plans and specifications
to be prepared by the Engineering Division of the Water Department, or
by private engineers employed by the Developer and approved by the
Water Department.
B. The City agrees to install, at Developer's expense, at the time all
other water mains in this addition are installed, a service line for
each lot as shown on the attached Exhibit N A• The estimated cost of
these service lines is $ None The City agrees to
record the location of each said service line in respect to the corner
of the lot served, and to repair said records in its possession.
C. The construction cost of the water facilities herein concerned,
exclusive of service lines and engineering is estimated to be
Dollars ($ None )•
D. The City agrees to install, at Developer's expense, at the time all
other sanitary sewer mains in this addition are installed, a service
line for each lot as shown on the attached Exhibit A The
estimated cost of these service lines is $ None The City
agrees to record the location of each said service line in respect to
the corner of the lot served, and to retain said records in its
possession.
E. The construction cost of the sanitary sewer facilities to be installed
hereunder, exclusive of service lines and engineering, is estimated to
be One Million Six Hundred Fifty Dollars ($1,650.850 )•
Thousand Eight Hundred Fifty
F. Prior to the award of the construction contract by the City, or the
commencing of any work by the City or its contractors, if the
Developer does not award his own contract, the Developer agrees to pay
to the City:
(1) (a) One hundred percent (100%) of the cost of all water and
sanitary sewer facilities within the development, exclusive
of engineering and service costs, through the 8-inch size,
including the costs of larger sized facilities adjusted to
8-inch size costs; and
(b) One hundred percent (100%) of the cost of all approach water
main facilities outside the limits of the development
through the 16-inch size, including the costs of larger
sized facilities adjusted to 16-inch size costs, less ten
percent (10%) of the calculated front foot charges for lots
contained in the development served by such approach water
main facilities; and
1-1
Live Oak Creek Wastewater Collection Facilities
(c) One hundred percent (100%) of the cost of all Approach
sanitary sewer facilities outside the limits of ,the „
development through the 24-inch size, including the costs of
larger sized facilities adjusted to 24-inch size costs, less
ten percent (10%) of the calculated front foot charges for
lots contained in the development serviced by such approach
sanitary sewer facilities.
(2) An additional ten percent (10%) of the total of the Developer's
cost of these water and sanitary sewer facilities, exclusive of
cost of service lines, for design engineering, if such
engineering is performed by the City. This charge will be waived
if private engineers employed by the Developer and approved by
the Water Department perform the design engineering.
(3) One hundred percent (100%) of the cost of all service lines,
estimated under 1-B and 1-D above, in accordance with the
provisions of the current Fort Worth City Code.
G. The distribution of estimated construction cost between the City and
the Developer, as per paragraph 1-F above, for all water and sanitary
sewer facilities to be constructed hereunder is estimated as follows:
(1) Water Facilities:
(a) Mains: Within Development
Approach
(b) Services ( None )
Sub -Totals, Water
(2) Sanitary Sewer Facilities:
(a) Mains: Within Development
Approach
(b) Services ( None )
Sub -Totals, Sewers
Grand Totals
1-2
Estimated
Developer
Estimated
Total
Cost
City Cos{
Cost
-0-
-0-
-0-
-0-
-0-
-0-1
-0-
-0-
-0-
-0-
-0-
-0-
-0- -0- -0-
* $927,850 $723,444 $1,650,850
-0- -0- -0-
$927,850 $723,000 $1,650,850
$927,850 $723.000 $12650,850
COST BREAKDOWN
LIVE OAK CREEK WASTEWATER COLLECTION FACILITIES
(SILVER RIDGE APPROACH SEWER)
(NOTE)
* Cost Breakdown between City and Developer
Developer's
Cost
Live Oak Creek Intercepter Sewer $770,600
(16,850 L.F. of 12" thru 24" sewer)
Live Oak Creek Lift Station
Silver Creek Rd. 16" Force Main
(City to pay 100%)
18"/21" Gravity Line Connection
to White Settlement Sewer Line
(City to pay 100%)
$157,250
none
none
$927,850
City
Cost
none
none
$386,000
$337,000
$723,000
Total
Cost
$770,600
$157,250
$386,000
$337,000
$1,650,850
1-3
Live Oak Creek Wastewater Collection Facilities
H. The above charges do not .include any "per connection" charges for con-
nection to existing or proposed sanitary sewer mains constructed or to
be constructed under the provisions of the "APPROACH MAIN OPTION" as
described in Sub -Paragraph (3), IV-7 of. the Policies and Regulations
for "INSTALLATION OF COMMUNITY FACILITIES" adopted January 1, 1972.
These additional charges are as followst
Not applicable to this Contracts
Applicable to this Contract in the amount of
by Ordinance No. dated
When water facilities are installed by contract, installation of water
services will be included as part of the contract. Installation of
meter boxes on those services may be done by the City, after comple-
tion of construction of all relative curb and gutter work on the water
facilities project site, at a cost of $70/$135 per contract-instalted
service, such meter box installation charge to be due and payable
prior to issuance of a Work Order on the water facilities installation
contract. The above charges do not apply if the Developer elects to
include meter box installation as part of the contract. However, meter
boxes must conform to City standards.
I. Within a reasonable time after completion of the above referenced
facilities to be constructed by the City or by contract awarded by the
City or by the Developer, the City and Developer agree to an adjust-
ment of. the Developer's payment as set out in 1-F and 1-G hereinabove,
so as to conform said payment to actual construction costs and actual
service costs under the provisions of the current Fort Worth City
Code, (said adjustment to be calculated as payment in 1-F and/or 1-G
above), but based on actual quantities as reflected in the final esti-
mate paid to the Contractor by the City or by the Developer, and/or in
the event any portion of the facilities are installed by City forces,
on the actual records of cost, kept by the City as a part of its cus-
tomary procedures. In the event the difference in the deposit and the
actual costs exceeds $25, Developer agrees to pay to the City any
underpayment which said adjustment might indicate as being due, and
the City agrees to pay to Developer any overpayment.
J. Work hereunder shall be completed within two (2) years from date
hereof, and it is understood that any obligation on the part of the
City to make any refunds with respect to water and/or sanitary sewer
facilities shall cease upon the expiration of two (2) years from date
hereof, except for refunds due from "per connection charges" on sani-
tary sewers and from "front foot charges" on water mains, both of
which refunds may continue to be made for a period of ten (10) years
after the date hereof, as elsewhere provided herein. In the event
water and/or sanitary sewer facilities work is not completed with the
two (2) year period, City may, at its election, complete such work at
Developer's expense.
1-4
Live Oak Creek Wastewater Collection Facilities
It is ,further agreed and understood that any additional payment
required of Developer is to cover only such additional work and/
or materials as may be made necessary by conditions encountered
during construction, and shall not include any change in scope of
the project•
RECOMMENDED:
Richa d W. Sawey, Director
Water Department
Date: 3 )2z19S
-r
1-5
II
STREET AND STORM DRAINAGE
LIVE OAK CREEK WASTEWATER COLLECTION FACILITIES
There is no paving or storm drainage in this project.
Transportation and Public Works Department will not require
a Community Facilities Contract.
JKGary L. Santerre, P.E., Director
JTransportation and Public Works
III
STREET LIGHTS
No street lights will be required in this contract.
YLLtAl
l kj '-Z
LIVE OAK CREEK ary L. Santerre, Director of Transportation/
WASTEWATER COLLECTION FACILITIES Public Works
FORT WORTH, TEXAS
1-12-88
IV
STREET NAME SIGNS
No street name signs will be required in this contract.
LIVE OAK CREEK zGary L. Santerre, P.C.
WASTEWATER COLLECTION FACILITIES Director of Transportation and Public Works
FORT WORTH, TEXAS
1-12-88
V
GENERAL 'REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer
shall employ a civil engineer, licensed to practice in the State of
Texas, for the design and preparation of plans and specifications for
the construction of all facilities covered by this contract, subject
to Paragraph B.
B. For any project estimated to cost less than $10,000 or for any pro-
ject 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.
C. In the event the developer employs his own engineer to prepare plans
and specifications for any or all facilities, the plans and specifi-
cations so prepared shall be subject to approval by the department
having jurisdiction. One (1) reproducible set of plans with 15
prints and 35 specifications for each facility shall be furnished the
department having jurisdiction. It is agreed and understood that in
the event of any disagreement on the plans and specifications, the
decision of the Public Works Director, Transportation Director,
and/or Water Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon
acceptance by the City, title to all facilities and improvements men-
tioned 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. The life of this contract shall be two (2) years and it is understood
that any obligation on the part of the City to make any refunds here-
under shall cease upon the expiration of two (2) years from, the date
of execution of this contract, except for refunds due from "per con-
nection charges" on sanitary sewer and from "front foot charges" on
water mains, both of which refunds may continue to be made for a
period of ten (10) years; provided, that 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 up -dated agreements being in
compliance with the policies in effect at that time. Developers must
recognize that City funds may not be available to pay all or a por-
tion 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 devel-
oper within the time periods stated above, may be completed by the
City at the developer's expense, and the City of Fort Worth shall not
be obligated to make any refunds due to the developer on any facili-
ties constructed under this agreement until all provisions of the
agreement are fulfilled.
V-1
F. Performance and•Ppayment Bonds, certificates of deposit, irrevocable
letters of credit and/or cash deposit are required for streets, storm
drains and street lights, and must be submitted prior to execution of
the contract for installation of community facilities by the City.
The bonds should be standard performance and payment bonds as
provided by a licensed surety company (on forms provided by that
surety company); a cash deposit may be made into the Treasury of the
City of Fort Worth; or a certificate of deposit or irrevocable letter
of credit may be from any financial institution in the Fort
Worth/Dallas Metroplex which is insured by the Federal Deposit
Insurance Corporation or the Federal Savings and Loan Insurance
Corporation. The City of Fort Worth cannot pay interest on any
deposit made hereunder in the Treasury of the City of Fort Worth.
(a) The developer shall execute four (4) copies of
letter assigning the deposit to the City of Fort
Worth and providing for the City to withdraw the
deposit if necessary to complete construction or
on account of any default by the Developer of
any terms or conditions contained in this agree-
ment. Such letter of assignment must be
accepted in writing by the financial institu-
tion.
(b) Upon satisfactory completion of the facilities,
the City of Fort Worth shall reassign the
deposit to the developer, including accrued
interest or dividends thereon, upon express
order of the City Manager.
1. When the option is exercised to provide a certificate
of deposit in a financial institution, the following
terms and conditions shall apply:
(a) The developer shall execute four (4) copies of
letters assigning the deposit to the City of
Fort Worth. Such letter of assignment must be
accepted in writing by the financial institu-
t ion.
(b) Upon satisfactory completion of the facilities,
the City of Fort Worth shall reassign the depos-
it to the developer, including accrued interest
or dividends thereon, express under order of the
City Manager.
2. When the option is exercised to provide an irrevocable
letter of credit from an authorized financial institu-
tion, the form of the letter shall be approved by the
Department of Law. The international letter of credit
form used by banks is normally acceptable.
3. Performance and Payment Bonds, certificates of deposit,
letters of credit or cash deposits will be furnished in
the amount as required below:
v-2
(a)
100 percent
of the estimated developer's share
of the cost
of the 'storm drain.
(b)
100 percent
of the estimated developer's share
of the cost
of streets.
(c)
100 percent
of the estimated developer's share
of the cost
of the street lights.
(d)
A cash payment of the developer's share of the
cost of the
project is required prior to initia-
tion of construction of water and sanitary sewer
facilities.
(e)
A cash deposit, Performance and Payment Bonds or
Letter of Credit
acceptable to the City for the
developers
cost of paving a border street on an
assessment
basis (Reference Section VI, Item 3,
Development
Procedures Manual).
4. For construction of water and/or sanitary sewer facili-
ties, a certificate of deposit, irrevocable letter of
credit, or cash deposit (providing for partial draw-
ings), in the name of the City, shall be furnished to
the City as set out below:
(a) Where the developer lets the contract, 100 per-
cent of the estimated contract cost of construc-
tion, as stated in the construction contract, is
required simultaneous with execution of the con-
struction contract; or,
(b) Where the City lets the contract, 100 percent of
the developer's share of the construction con-
tract cost is required prior to issuance of a
work order by the City.
5. (a) Performance and Payment Bonds, Letters of
Credit, Certificates of Deposit, and cash depos-
its furnished hereunder shall be for the pur-
poses 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 perform-
ance of work hereunder.
(b) Developer shall keep said Performance and
Payment Bonds, Letters of Credit, Certificates
of Deposit, and/or cash deposits in full force
and effect until such time as Developer has
fully complied with the terms and conditions of
V-3
this agreement, and failure to keep same in
force and effect shall constitute a breach of
this agreement.
In this connection, all Letters of Credit fur-
nished hereunder shall be renewed annually in
the amounts designated by the City, and the
renewed Letter of Credit shall be delivered to
the City on or before the tenth (loth) day prior
to the date of expiration of the then existing
Letter of Credit. If Developer fails to deliver
the renewed Letter of Credit to the City within
the time prescribed herein, such failure shall
constitute a breach of this agreement and shall
be a basis for the City to draw on all or any
portion of the then existing Letter of Credit.
G. This contract, any part hereof, or any interest herein shall not be
assigned by developer without written consent of the City Manager,
and it is further agreed that such written consent will not be
granted for the assignment, transfer, pledge and/or conveyance of any
refunds due or to become due to developer except that such assign-
ment, transfer, pledge and/or conveyance shall be for the full amount
of the total of all such refunds due or to become due hereunder.
H. On all facilities included in this agreement for which the developer
awards his own construction contract, the developer agrees to follow
the following procedures:
(1) If the City participates in the cost of the facilities,
the construction contract must be awarded after adver-
tising in a local newspaper at least one time not less
than two weeks to the date of receipt of sealed bids as
required by State statutes prescribing regulations for
contracts for public work. The sealed bids must be
opened in the presence of a representative 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 streets, and to be
qualified in all respects to bid on public projects of
a similar nature.
(3) To require the contractor to furnish to the City pay-
ment, performance and maintenance bonds in the name of
the City for 100 percent of the contract price of the
facility, said bonds to be furnished before work is
commenced. To further require the contractor to pro-
vide public liability insurance.
(4) To give 48 hours notice to the department having juris-
diction of intent to commence construction of the
facility that inspection personnel will be available;
v-4
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 pro-
ceed,
and to make such laboratory tests
of materials
being
used as may be required
by the City.
(5) To secure approval by the Director of the department
having jurisdiction of any and all partial and final
payments to the contractor, said approval is made, in
accordance with requirements of this agreement, and is
not to constitute approval of the quantities of which
payment is based.
(6) To delay conncetions 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 con-
tract for storm drainage and pavement, shall be sepa-
rated in the bidding and City participation, if any,
shall be limited to the lowest possible combination of
bids as if each of the above were awarded as separate
contracts.
(8) To comply with all requirements concerning improvements
set forth in this agreement, including, but not limited
to, any person, firm, corporation or other entity with
whom the Developer has a direct contractual relation-
ship of the performance of the work hereunder.
I. Anything to the contrary herein notwithstanding, for and in conside-
ration 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 drain-
age, street improvements and street lights as to whe-
ther the work prescribed herein shall be performed by
the City, its Contractor, or by the Developer's
Contractor. Each separate election shall be made in
writing and delivered to City no later than six (6)
months prior to the expiration of this agreement. In
the event any of such separate elections has not been
so made and delivered to City by such date, it shall be
conclusively presumed that the Developer has elected
that such work be performed by the City in accordance
with all of the terms of this agreement, and in
particular Paragraph V-F hereof.
V-5
(2) Irrespective. of any such election and whether the work
is to be performed by the City; its Contractor or by
the Developer's Contractor, the Developer covenants and
agrees to deliver to the City a performance bond or a
cash deposit in lieu thereof in accordance with the
provisions of Paragraph V-F of this agreement.
(3) In addition to the bond or deposit required in the pre-
ceding paragraph, in the event Developer elects that
the work be performed by the City, or its Contractor,
or such election is presumed as provided above, the
Developer covenants and agrees to pay to the City his
share of the estimated construction costs. The amount
of such estimated payment shall be computed as set out
in Section I hereof, based upon the lowest responsible
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. Such estimated payment shall be made promptly
upon demand by City, it being contemplated that such
payment will be made after the receipt of bids for work
but in every case prior to the award of any construc-
tion 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 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
of property, including death, resulting from, or in any
way connected with, this agreement or the construction
of the improvements or facilities described herein; and
in addition the Developer covenants to indemnify, hold
harmless and defend the City, its officers, agents and
employees from and against all claims, suits, or causes
or action or any nature whatsoever brought for, or on
account of any injuries or damages to persons or prop-
erty, 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.
(5) Developer covenants and agrees that it discriminates
against no individual involving employment as prohi-
bited by the terms of Ordinance No. 7278 (as amended by
Ordinance No. 7400), and ordinance prohibiting discrim-
ination 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. Developer further cove-
nants and agrees that no labor organization,
V-6
subcontractor or employment agency, either furnishing
or referring applicants to such developer, nor any
agent of developer is discriminating against any indi-
vidual involving employment as pro- hibited by the
terms of such Ordinance No. 7278 (as amended by
Ordinance No. 7400).
J. The attached Exhibits A, Appendix "A" and Location Map are made a
part hereof for all intents and purposes.
K. Venue of any action brought hereafter shall be in Fort Worth, Tarrant
County, Texas.
L. The City's "Policy for the Installation of Community Facilities," as
adopted by the City Council on January 7, 1986, is hereby incorpo-
rated herein by reference, and Developer covenants and agrees to
comply with said Policy.
V-7
IN TESTIMONY I•T.HEREOF, 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 ns rument in quadrup te, at Fort Worth,
Texas this day of , 19e":�g.
ATTEST:
i�
Ruth Howard
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
- W. -94
William W. Wood
Deputy City Attorney
(/- /W /-�'
Cont rac Authorization
Date
Date:
M
CITY OF FORT WORTH, TEXAS
By: Z� -4 -
David A. Ivory
Senior Assistant 64ty
Manager
DEVELOPER:
White Settlement West/ Teslin
Master Joint Venture
By
Charles F. Stark, Vice President
Redwood Properties, Inc.
Managing Venturer, White
Settlement West Joint Venture
By: XW-IL tcL �-4
Arthur Tann, Attorney -in -Fact
Teslin Investment Corporation
Joint Venturer
ATTEST:
By:
APPENDIX "A"
COST
ESTIMATE SUMMARY
PROJECT Live Oak Creek
Waste Water Collection Facilities
(Silver Ridge)
PERFORMANCE
CONTRACT SECTION
DEVELOPER
CITY
TOTAL
GUARANTY
Section I
Water
$ -0-
$ -0-
$ -0-
$ -0-
Sewer
927,850
723,000
1,650,850
Section II
1. Interior Streets
-0-
Construction
N/A
N/A
N/A
Design Eng.
Eng. & Admin.
2. Storm Drains
-0-
Construction
N/A
N/A
N/A
Design Eng.
Eng. & Admin.
3. Border Streets (Assessment Paving)
-0-
Construction
Streets
N/A
N/A
N/A
Storm Drains
Design Eng.
Assessment Admin.
Eng. & Admin.
Section III
Street Lights
N/A
N/A
N/A
-0-
Section IV
Street Name Sign
N/A
N/A
N/A
-0-
TOTAL
$ 927,850
$ 723,000
$ 1,650,850
$
* Developer shall deposit 100% of approved bid.
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GENERAL LOCATION MAP
LIVE OAK CREEK WASTEWATER
COLLFCTION FACILITIES
(SILVER RIDGE)
REDWOOD
PROPERTIES•INC.
April 7, 1988
Mr. Bill Wood
City Attorney'sOff ice
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102
Re: Live Oak Creek Wastewater Collection Facilities
M&C C-10897
Mr. Wood:
Enclosed are the following documents you requested regarding execution of the
Community Facilities contract for the above referenced project.
1. Joint Venture Resolution
2, Teslin Investments power -of -attorney for Arthur Tan
Please let me know if there is anything else you need.
Sincerely,
REDWOOD PROPERTIES, INC,
Chuck Stark
Vice President/ Development
CS/br
cc: Mr. Jack Tuomey
307 West 7th Street • Suite 1800 • Fort Worth, TX 76102
817/429-6406
4950 Westgrove Drive • Suite 105 • Dallas, TX 75248
214/250-2666 • FAX 214/250-2668
UNANIMOUS CONSENT OF THE JOINT
VENTURERS OF WHITE SETTLEMENT
WEST/rESLIN MASTER JOINT VENTURE
The undersigned, being all of joint venturers (the "Joint Venturers") of
WHITE SETTLEMENT WEST/TESLIN MASTER JOINT VENTURE, a Texas joint
venture (the "Joint Venture"), hereby give unanimous written consent to the
adoption of, and do hereby adopt, the following resolutions, which resolutions
shall be deemed to have been approved and adopted to the same extent and to
have the same force and effect as if adopted at a formal meeting of the Joint
Venturers of the Joint Venture duly called and held for the purpose of
transacting the business of the Joint Venture:
RESOLVED, that the Joint Venturers of the Joint Venture
hereby specifically approve and authorize Charles F. Stark and
Arthur L. Tan to enter into the necessary agreements and execute
the appropriate documents with the City of Fort Worth, Texas
("City"), for construction of subdivision improvements relative to
(i) LIVE OAK CREEK WASTE WATER COLLECTION FACILITIES and (ii)
SILVER RIDGE ADDITION PHASE I, SECTION 1, including, but not
limited to execution of the respective Community Facilities
Agreements and appearance in front of the City on behalf of the
Joint Venture.
oil
EXECUTED this the �� day of 1988.
WHITE SETTLEMENT WEST JOINT VENTURE,
a Texas joint venture
By: REDWOOD PROPERTIES, INC.,
a joint venturer
B y : CALIFORNIA-TEXAS PROPERTIES,
INC., a Texas corporation
TESLIN INVESTMENT CORPORATION,
N.V., a Netherland Antilles corporation
LIM
THE STATE OF TEXAS
COUNTY OF TARRANT
A
Arthur L. Tan, Attorney -in -Fact
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared JEFFORY D. BLACKARD, known
to me to be the President of REDWOOD PROPERTIES, INC., a Texas corporation,
and on his oath swore to me that said corporation is one of the joint venturers
in WHITE SETTLEMENT WEST JOINT VENTURE, a Texas joint venture, and said
joint venture is one of the joint venturers in WHITE SETTLEMENT WEST/TESLIN
MASTER JOINT VENTURE, a Texas joint venture, that he is duly authorized to
execute the Resolution for and on behalf of the corporation, as its act and deed
in its capacity as a joint venturer in said venture, and for the purposes and
consideration therein expressed. .,�}u ,
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the o�`'I day of
1988.
tary Public, Stat of Texas
My Commission Expires: Deborah Rae House
5-7-89 (Printed or Typed Name of Notary)
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared JAMES J. BRADY, known to me to
be the Vice President of CALIFORNIA-TEXAS PROPERTIES, INC., a Texas
corporation, and on his oath swore to me that said corporation is one of the
joint venturers in WHITE SETTLEMENT WEST/TESLIN MASTER JOINT VENTURE, a
Texas joint venture, that he is duly authorized to execute the Resolution for and
on behalf of the corporation, as its act and deed in its capacity as a joint
venturer in said venture, and for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 9 day o f
r�i?�?!i;;•., BARBARA E. DAVIS
` Notary Public
• : s • STATE OF TEXAS
•••;�r! �i .��o,� My Comm. Exp. Apr. 9, 1991
My ommission Expires:
THE STATE OF TEXAS
COUNTY OF TARRANT
Notary Public, State of Texas
E DAUIS
(Printed or Typed Name of Notary)
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared ARTHUR L. TAN, known to me to
be the Attorney -in -Fact of TESLIN INVESTMENT, INC., a Netherland Antilles,
Inc., corporation, and on his oath swore to me that said corporation is one of
the joint venturers in WHITE SETTLEMENT WEST/TESLIN MASTER JOINT
VENTURE, a Texas joint venture, that he is duly authorized to execute the
Resolution for and on behalf of the corporation, as its act and deed in its
capacity as a joint venturer in said venture, and for the purposes and
consideration therein expressed.
GI UNDER MY HAND AND SEAL OF OFFICE on this the ` day o f
V ILZ 1988.
No ary Public, State df Texas
My Commission Expires: Deborah Rae House
5-7-89 (Printed or Typed Name of Notary)
CERTIFIED COPY OF
RESOLUTION OF THE BOARD OF DIRECTORS OF
TESLIN INVESTMENT CORPORATION N.V.
RESOLVED that the Secretary of the Corporation be
and is hereby authorized to execute all documents and take
such action as said secretary may deem reasonable and
necessary in relation to the Teslin/Cambridge Tarrant County
Joint Venture and to take all actions and proceedings as may
be reasonable and necessary to insure all aspects in respect
thereof and without limiting the generality of the foregoing
to execute on behalf and affix the seal of the Corporation to
contracts of sale and purchase, deeds of trust, warranty
deeds, escrow agreements, closing statements and other
instruments of conveyance, transfer and charge pertaining
thereto.
FURTHER RESOLVED that Vivencio R. Manzano III or
Arthur L. Tan each with authority to act independently of the
other either acting without joinder of the other, are hereby
nominated, constituted and appointed Attorneys -in -Fact for the
Corporation in its name, place and stead to execute all
documents and take such action as said Attorneys -in -Fact may
deem reasonable and necessary in relating to the
Teslin/Cambridge Tarrant County Joint Venture.
FURTHER RESOLVED that the Power of Attorney shall be
continuing unless otherwise revoked in writing.
CERTIFIED a true and exact copy
of the Resolution of the Corp-
oration adopted at a meeting of
the Board of- Directors of
TESLIN INVESTMENT CORPORATION
N.V. on them th day of July 1987
eon ee, Secretary
REDWOOD
PROPERTIES•INC.
April 19, 1988
Mr. Bill Wood
City Attorney's Office
City of Fort Worth
1000 Throckmorton
Fort. Worth, TX 76102
Re: Execution of Community Facilities Agrements, Silver Ridge Addition
Mr. Wood:
Enclosed is the secretary's certificate for Teslin Investment Corporation designating
Arthur Tan as their authorized representative in all matters relative to the Silver Ridge
project. I believe this completes the documents necessary for execution of the Live Oak
Creek Sewer Facilities C. F. A.. If there is anything else, please let me know.
Sincerely,
REDWOOD PROPERTIES, INC.
Chuck Stark
Vice President/Development
CS/br
cc: Jack Tuomey
307 West 7th Street • Suite 1800 • Fort Worth, TX 76102
817/429-6406
4950 Westgrove Drive • Suite 105 • Dallas, TX 75248
214/250-2666 • FAX 214/250-2668
SECRETARY'S CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF DALLAS §
1, G /C��fU ZW , Secretary of TESLIN INVESTMENT
CORPORATION, N.V. ("Corporation"), a Netherlands Antilles corporation,
certify t at by Unanimous Consent of the Directors of the Corporation dated
.C� 1988, the following resolutions were unanimously
adopted:
RESOLVED: That the Board of Directors of the Corporation hereby
specifically approves and authorizes the execution of that certain Community
Facilities Agreement with the City of Fort Worth covering certain community
facilities in the Silver Ridge Subdivision, Tarrant County, Texas; and
RESOLVED FURTHER: That the Community Facilities Agreement in
substantially the form this day presented to the Directors is hereby approved
for execution by the Corporation, and the President, any Vice President of the
Corporation, or Arthur Lim Tan, acting as an authorized representative of the
Corporation, without the necessity of attestation by the Secretary or and
Assistant Secretary or the affixture of a corporate seal, be, and each hereby
is, authorized and directed to execute in his and/or her aforesaid capacity and
on behalf of the Corporation the Community Facilities Agreement with such
changes and amendments thereto as such officers may, in their discretion,
approve as being reasonably appropriate to effectuate the intents and purposes
of these resolutions; and
RESOLVED FURTHER: That the President, any Vice President of the
Corporation, or Arthur Lim Tan, acting as an authorized representative of the
Corporation, without the necessity of attestation by the Secretary or any
Assistant Secretary or the affixture of a corporate seal, be, and each hereby
is, authorized and directed in his and/or her aforesaid capacity and on behalf
of the Corporation, to execute all other documents, certificates, agreements,
consents, receipts, waivers and notices of every kind whatsoever and to take
any and all other action of any kind whatsoever as such officers may, in their
discretion, approve as being reasonably appropriate to effectuate the intents
and purposes of these resolutions, and any and all acts heretofore taken by
the aforesaid officers on behalf of the Corporation to effectuate the intents and
purposes of these resolutions are hereby ratified and confirmed as the acts
and deeds of the Corporation.
I do further certify that the foregoing resolutions have not been
modified or rescinded and are still in full force and effect.
TESLIN INVESTMENT
CORPORATION, N.V.
,,By: �`�
Sim n Dee, Secretary
THE STATE OF TEXAS
COUNTY O<-�k
This instrument was acknowledged before me on/'Y 19��by
N ary Public, Sta a of Texas
My Commission Expires:
(Printed or Typed Name of Notary)
City of Fort Worth.- -'-rexas el
Mayor and Council Communication
®AYE REVERENCE SUBJECT: CONTRACT FOR THE INSTALLATION PAGE
4/5/88 JNUMBER OF COMMUNITY FACILITIES e LIVE OAK 1of 2
C-10997 CREEK WASTEWATER COLLECTION FACILITIES
(SILVER RIDGE)
i
Recomiiiendation
It is recommended that:
1) The following bond fund transfer be approved:
From To Amount Reason
56-014901-00 56-014007-00 $ 730,000 To provide funds for
Unspecified Live Oak Creek City's cost of
Wastewater construction.
Collection Facilities
(S'ilver Ridge)
2) The City Manager be authorized to reimburse the developer for the City's
share of cost for sanitary sewer improvements upon satisfactory completion
of the same; and
3) The City Manager be authorized to execute the Community Facilities
Agreement with the developer, White Settlement West_/Teslin Master Joint
Venture.
White Settlement West/Teslin Master Joint Venture, consisting of White
Settlement West Joint Venture, acting through Redwood Properties, Inc.,
Managing Venturer, and Teslin Investment Corporation, Joint Venturer, the
developer of Live Oak Creek Wastewater Collection Facilities (Silver Ridge),
has executed a proposed contract of community facilities to serve the area
shown on the attached maps.
The estimated cost of the community facilities is as follows and subject to
actual bid price:
Project Cost and Financing
Developer
City
Total
Sanitary Sewers
$ 927,850
$ 723,000
$ 1,650,850
Total
$ 927,850
$ 723,000
$ 1,650,850
Sanitary sewers will be installed in accordance with standard policies for the
installation of community facilities.
The contract includes City participation in the cost of sewer improvements.
DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION PAGE
NUMBER
4/5/88 OF COMMUNITY FACILITIES - LIVE OAK _2or__-2
C-10897 (`DCCV LIACTCLIATCD r(ll I CrTTnht CAI
(SILVER RIDGE)
In order to provide sufficient funds for the City's share of the cost of
inspection and improvements, a bond fund transfer is proposed from Sewer CIP
Fund 56, Unspecified, Project No. 014901-00, in the amount of $730,000 (in
which sufficient funds are available) to Sewer CIP Fund 56, Live Oak Creek
Wastewater Collection Facilities (Silver Ridge), Project No. 014007-00. The
expenditure will be made out of Index Code 656454.
Plan Commission Approval
On July 29, 1987, the City Plan Commission approved the Concept plat (C-87-6)
for Silver Ridge Addition.
DAI:wq
SUBMITTED FOR THE
CITY MANAGER'S
OFFICE BY:
ORIGINATING
DEPARTMENT HEAD:
APPROVED BY
CITY COUNCIL
APR 5 1988
9"'k 441-a,
c117 s«Wwy Of th
City at Fuse wa,-xb..
DISPOSITION BY COUNCIL: PROCESSED BY
❑ APPROVED
❑ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT:
DATE