HomeMy WebLinkAbout025188 - Construction-Related - Contract - Zena Development CorporationY, tN'!
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THE STATE OF TEXAS
COUNTY OF TARRANT
CITY SECRETARI( p
CONTRACT NO . � 5 � �n
MECHANIC'S LIEN CONTRACT
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This Mechanic's Lien Contract is made and entered into by and between the City of
Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and
through Mike Groomer, its duly authorized City Manager, hereinafter called "City", and
Zena Development Corporation, hereinafter called Owner".
WITNESSETH:
WHEREAS, Owner desires the construction of the street improvements described
below in accordance with and to the extent provided for in the plans and specifications
for the project known Reminqton Point Phase 1, Sections A& B(C.F.A. ) D.O.E.
No.1960. imqrovements to Lonahorn Drive. to be constructed along the following
described property:
See attached Exhibit "A" legal description,
hereinafter referred to as the "Property"; and
WHEREAS, the term "improvements" or "street improvements" as used herein shall
have the meaning given to the term in Chapter 313, V.C.T.A., Transportation Code, and
Chapter XXII, Section I, of the Charter of the City of Fort Worth, Texas; however, it is
understood by the parties hereto that said terms, as used herein, may refer to any of
the activities and types of improvements described in said Code and Charter and do
not, in any given case, necessarily encompass all of the activities mentioned; and
WHEREAS, said street improvements shall consist of:
Longhorn Drive: the west property line of Lot 33, Block 2, Remington Point
Addition eastward approximately 680 linear feet to the east property line
of Lot 6, Block 23, consisting of one-half of a double 36 wide roadway of
arterial grade pavement. Longhorn Drive to be constructed with a seven-
inch thick reinforced concrete pavement with seven-inch high monolithic
concrete curb on six-inch thick lime stabilized subgrade, so that finished
roadway will be one half of (1/2) two thirty-six (36') foot wide slabs with a
sixty foot wide roadway. Four-inch thick concrete sidewalks will be
constructed where required.
to be constructed by the
performing the labor and
adjacent to the Property.
City of Fort Worth in compliance with Owner's request by
furnishing the material therefor on the street abutting and
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NOW, THEREFORE, City agrees with Owner that it will, without unnecessary delay,
construct said street improvements, performing all Labor and furnishing all material
necessary thereto, and will pay all expenses incident to performing such labor and
furnishing such material.
In consideration therefore, Owner agrees to pay the City of Fort Worth, Texas, the sum
of $67.798.00 lSixtv seven thousand seven hundred and ninetv-eiaht dollarsl plus
interest at the rate of eight percent (8%) per annum. The sum of $67.798.00.
represents the enhancement in value and special benefit to Owner's Property resulting
from the street improvements described herein. Owner expressly agrees that said sum
represents the enhancement in value and special benefit to his Property as provided for
in Chapter 313, V.C.T.A., Transportation Code. By executing this contract, Owner shall
be estopped from claiming that the amounts Owner agrees to pay hereunder exceed
the enhancement in value and special benefit to Owner's Property resulting from the
street improvements described herein. Owner has this date executed and delivered to
City its promissory nqte (the "Note") in said amount to be paid in full before the 31 S' day
of October 1999.
TO SECURE the payment of said note and indebtedness, Owner hereby gives and
grants a mechanic's and materialman's lien on the Property and on all existing buildings
and improvements thereon and those which may hereafter be placed thereon. In
accordance with Chapter 313, V.C.T.A., Transportation Code this Mechanic's and
Materialman's lien shall be a first and prior lien on the Property assessed, superior to all
other liens and claims except state county, school district, and city ad valorem taxes,
and shall also be a personal liability and charge against Owner. To secure the payment
of said note and indebtedness, Owner hereby grants, bargains, sells and conveys the
Property in trust to the City's Transportation and Public Works Director, as trustee, and
to any substitute or successor trustees to secure the payment of the note and
indebtedness.
TO HAVE AND TO HOLD said premises, together with, all and singular, the rights,
hereditaments and appurtenances thereto now or hereafter existing in anywise
appertaining or belonging thereto, unto the said duly appointed Transportation and
Public Works Director Director, Trustee, his substitutes, successors, and assigns, in
trust, to secure the payment of the aforesaid indebtedness. At the option of the City, a
successor or substitute trustee may be appointed without cause and without any
formality other than a designation in writing of any such successor or substitute trustee,
who shall thereupon become vested with and succeed to all the powers and duties
given the Trustee named herein, the same as if the successor or substitute trustee had
been named as the original Trustee herein. This right to appoint a successor or
substitute trustee shall exist as often as and whenever City desires. City may make
such appointments through any authorized officer, or by any agent or attorney-in-fact,
properly authorized by any such officer.
. �,
UPON THE PAYMENT OF THE ENTIRE BALANCE on said note and indebtedness,
including interest accrued thereon, and all other charges due and payable, under the
terms thereof, and any renewal and extension or partial renewal and extension thereof,
THEN THIS CONVEYANCE SHALL BECOME NULL AND VOID, and this instrument
and the lien created hereby shall be released; Owner, however, shall be responsible
for filing and recording said release and for all fees incurred in connection therewith.
Should Owner default or otherwise become delinquent under the note, or breach any of
the covenants, conditions, promises or other agreements set forth in this Mechanic's
and Materialman's Contract or imposed upon Owner by law, the holder of said note and
indebtedness at the time of such default, delinquency, or other breach, may declare, at
its option, the unpaid balance of the principal indebtedness hereby secured with all
interest accrued as of the date of the acceleration of the principal, and all other sums
hereby secured, immediately due and payable and may proceed to foreclose such lien
in any manner provided by law or this contract or may otherwise enforce any remedies
it may have against Owner. Owner hereby fully authorizes and empowers said Trustee,
his substitutes and successors at any time after default, to sell said property to the
highest bidder for cash, at the place and in the manner and after giving notice as
required by law in making sales under deeds of trust, as set forth specifically in
V.T.C.A.,Texas Property Code Section 51.002 and all revisions and amendments
thereto. Subsequent to any such non-judicial foreclosure by the Trustee, as aforesaid,
the Trustee, his substitutes or successors, shall make and deliver to the purchaser of
said premises a deed conveying the Trustee's interest in the Property, and shall receive
the proceeds of said sale to be applied as follows: first, to the payment of proper
expenses of making the sale; second, to the payment of said indebtedness, together
with all interest accrued thereon, as well as all other charges due and payable; and the
remainder, if any, to be paid to the Owner.
It is agreed that the holder of said note and indebtedness at the time of such
foreclosure shall have the right to become the purchaser, if said holder shall be the
highest and best bidder. Owner binds itself to surrender to the purchaser at such sale
immediate control and possession of Property, and in the event of its failure to do so he
and all other occupants of the Property shall be deemed tenants at sufferance of the
purchaser removable at the purchaser's will by forcible detainer proceedings or by any
other necessary legal action, and Owner shall be liable for all costs, expenses, and
attorney fees associated therewith.
This contract is executed and delivered before any labor has been performed or
material furnished for the construction of said street improvements.
Failure of City to exercise any right it may have hereunder or provided for in the
Promissory Note shall not constitute a waiver of any such right in the event of a
subsequent default or breach of this Contract or the Promissory Note, and any such
subsequent default or breach may be enforced by any lawful means available to City.
Nothing herein or in the Mechanic's Lien Note shall ever entitle City, upon the
occurrence of any contingency whatsoever, to receive or collect interest in excess of
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the highest rate allowed by V.T.C.A., Transportation Code, Chapter 313 or any other
applicable law of the State of Texas on the principal indebtedness hereby secured or on
any money obligation hereunder, and in no event shall Owner be obligated to pay
interest thereon in excess of such rate.
Should any portion of this contract be held or determined to be illegal or otherwise
unenforceable, the remaining portions of said contract shall continue in force and effect
and shall, to the extent possible, be construed in accordance with their originally
intended purpose.
The neuter gender as used herein shall also include the feminine and masculine
gender, as well as the plural of any gender, as applicable.
This contract shall be binding on the heirs, successors, assigns, executors,
administrators, and personal representatives of each of the respective parties to this
Contract.
Owner, which shall include all persons or entities liable hereunder, shall notify City on or
before thirty (30) days before it assigns this contract, specifying in said notice the date
such assignment will take effect and the name, address, and telephone number of each
assignee of the contract.
Any notice required hereunder shall be given Owner at Owner's address set forth
herein, unless Owner has notified City in writing of any change of address and
hand-delivered or mailed said notice to City by certified mail, return receipt requested.
City shall be given any required notices by hand delivering or mailing same by certified
mail, return receipt requested to: Municipal Revenue Collector, 1000 Throckmorton
Street, Fort Worth, Texas 76102.
This Contract shall be construed with reference to and be governed by the laws of the
State of Texas. Venue for any action instituted by any party to the Contract connected
in any way therewith or otherwise related to the Mechanic's and Materialman's lien
described herein or the indebtedness or note executed in connection with the street
improvements and secured by the Property shall be exclusively in Tarrant County,
Texas.
Executed this the .3 day of , 19�
CITY F OR OR ZENA DEVELOPM T CORPORA N
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BY: BY: /-%�� •
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�/like Groomer � C. Pat DiF�zo
President
APPROVED AS TO FORM AND LEGALITY
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Assistan ity Attorney
ATT ' ST: �
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.� .1��� . ,�_�✓�.�
�ity Secretary �
THE STATE OF TEXAS
COUNTY OF TARRANT
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c`ontract Authorization
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ATTEST:
Corporate Secretary
BEFORE ME, the undersigned authority, on this day personally appeared Mike
Groomer, Assistant City Manager of the City of Fort Worth, known to me to be the
person whose name is subscribed to the foregoing Mechanic's and Materialman's
Contract, and acknowledged to me that executed the same for the purposes and
consideration therein expressed.
G EN UNDER MY HAND AND SEAL OF OFFICE, this the � c��-�-�day of
t�$ , 199�. ��
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Notary Public ir�a d for the
State of Texas ��
�p `��F ��=` SARAH JANE ODLE
;'���� �' NOTARY PUBLIC
��'' <��� State of Texas
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� ��oF s Comm. Exp. 01-29-2002
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THE STATE OF TEXAS §
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COUNTY OF_ 1 �+U►-� §
BEFORE�ME, the undersigned authority, on this day personally t���eared
C, ��-� 1�;-ro.��.o , President of Zc.•��. �eveloPM��01p°`�icnown to
me to be the person whose name is subscribed to the foregoing Mechanic's and
Materialman's Contract, and acknowledged to me that executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of / 6 t� day of
fie,b�a..�v �.� , 199�- ,. `
� a�'' "�� PATRICIA A. GARCIA
, �* NOTARY PUBLIC
' �tat� of Texas
�''� nd� Cnmm, �xp. G3�31�3001 �
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Notary Public in and for the
State of Texas
Aug-11-98 11:02A Z�na Development 817 421 6910 P.02
� , �817 71� B188 CARTk'R i B�RG�SS 08/22/9e 16:OA P.005/006
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LEfiILL DESCRIPTiQH . - j �
PHA�SE 7 � SEC7lON B % ` ' ~ • '
BEtN�3, A 7RAC'T OF LAND SITUATED IN TiiE AtEXANDER F. ALBR1GFiT SURVEY,
A$STRACT NUMBER 1849, CIiY OF FOR7 W�RTH, TARRANT COUN7Y, TEXA.S, ANL]
BEING A POR710N OF TFtOSE TRACTS OF LAND DE5CRIBED FROM F'f. WORTH 237
LONGHORN. L.P. TO MCGUYER HpMEBU1LI3ER5, lNG.. f2EOOR�D IN VOlUME 12922,
PAGE,08; FROiIA SAGINAW HtGtiUND 3TATiON. L_P., TO MCGUYER HOMEBUfLDERS,
It+{C., RECORAED fid VUl,UhiE 129?2, PAGE 409; F�20M JOHN C. COX TO MCGUYER
HOMEBIJILDERS, Ii�IC., RECOROED JN VOLUIIA� 12922, PA4E 410; AND fROM FREO �.
PEDERSOtJTO MCGUYER HOME8UILDERS,INC., RECQRDED IiV VOLUME Z2922, PAGE
411, COUN7Y �EED RECORDS, TARiiAf�T CaINTY, T£XAS ANO BEtNG MOFiE
PARTICULARLY DESCRIBF_D BY MEI'ES AND BOUNOS AS fOLLOWS;
COMM�NCING A7 Tii£ MITERSECTtaN OF Tfi� SQUT1iERtY RIGHT-OF-WAY OF
LONGHORN DRNE {A VARiA$LE WIDTH RJGNT-0E-1NAl') AND iHE EASTERLY RIGHT-
OF-WAY OF OLD DECAT�i F20AD (A VARIABLE WlDTH Rt(3l-IT-OF-WAYy;
T'HENC� 5 89'47'35"f. 239295 �E7, WITH SA1D SOUTHEFLLY RIGFFf-0� WAY OF
LONGHORN DRIVE, 1'O THE PpINT O� BE�3INMNG;
i1�NCE S 89"4T35"E. 355.53 FEfT:
THEkCE S fl0� i 2'25"VY, 4.14 FEE"�; '
THENCE S 48"34'41"�, 1975,22 PEEi;
THENCE S 4�°Q8'38'W, 368.23 FEET;
THENiCS N 79°5S'08"W. �463.t9 FEET: .
THEtiCE S 42°42'40'W, 110.10 �EET, THE B�CiI1VNiNG OF A PldPi-TANG�NT C:L1R1(F Tt7
TIiE LF_FT;
THE#10E WiT+i SAiD NON-TMiGEPiT' CURVE Td TffE LEFT, /W ARC D[S71WCE OF 16.67
FE�T. TFfROl1Oi-t A CEfl1TRi1L AtdG1.E OF 19°0356'. FEA1/it+fG A}2I1DtUS QF �O.OQ FEE'[.
TH� LONG CriORD �F YYHrCF! BEARS 5 40`21'0,3'E, 18,59 FEET;
T4IENCE S 4Q°OS'S91K, 5t3.00 FEFf, Tl-tE S�G11JNl�tG OF A NOP!-TANGFNT CURVE 1'U
T}1E RIpHT;
TIiSi�ICE WiTH SAtD NON-TA1VGEiYT CUS2VE Tp THE RIGHT, AN ARC D157ANCE OF 49.06
FEET, T}1ROUGH 11 CENTRAL ANGLE OF 28"06'32', FfAVlNG A Rf1DI1JS OF 900.OQ F��T,
THE LONG CHQR� QF WFfICH BEAR3 N 33°50'45'W, 48_57 FEET;
'f#EIMC� {V 21'4T2J'W. 36.'17 fEET;
THENCE 3 68"i2'31"W, 120.00 �EET;
TNE�lCE S 2f "47 29"E, 3_00 FEET;
THENCE 5 68° 12'31'V11. i 10.00 FEEi:
7��ICE S 21=4T29'E. 25.tf0 F�ET:
TtlEi�CE S 88' 12'311N. 50.U0 FEET;
THF_PICE N 2i "47'29 W, 28.D0 FEEf;
T1fENC� S 68°20'32'W, i38.59 FEET;
'{tlE�IGE N 2i"47`2J'UV. 67.88 F�ET;
C3B Job No. 37�051014
S#FW47t1
J:1J081971 p5'i 141S1rR1Vyp1LEG1TRACTt Bt.LEG
Jur►e 22,199$
Page 1 of 2
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Aug-11-98 11:03A Zena Development
S 61� 73r siae CART'SA A BURGHSS
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THENCE S 88�12'31'W, 24.75 FEET;
T!lEi�IC� N 22°13'04"W, 50.t10 �EEF;
TNENCE iV 66'12'31"E. ?5.12 �EET:
TFiENCE tJ 21 "47'29'W. 85.73 FEfT;
7'NENCE N 2t°Qi'fi6"W, 24.29 FEEC;
817 421 6910
OQ/22/96 16:OY P.006/OD6
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TNENC£ S 88°12'3f`VY. 25.11 FEET;
THENCE Pi 22° 13'04"W, 1521.59 FEET TO TFIE POINT OF �ti1FWNG AND CpNTA1N!l+iG
�,6��C11JARE FEET OR 2T.928 ACRES t�F IA�D MORE OR lESS.
kuhiks
CE�6 Job No. 971051014
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3:{.)OB197�051141SUi2lWP1L�GiTRACT7 $1,LEG
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Pa�ge 2 of 2
P.03
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MECHANIC'S LIEN NOTE
Date of Award of Contract:
Owner:
Owner's Mailing Address
Payee:
Payee's Mailing Address:
County of Execution
Place for Payment:
Principal Amount:
Annual Interest Rate
ZENA Development Corporation
P.O. Box 92864
Southlake, Texas 76092
Attention: C. Pat DiFonzo, President
City of Fort Worth
Transportation and Public Works
Paving Assessment Section
1000 Throckmorton
Fort Worth, Texas 76102
Tarrant County, Texas
Fort Worth, Tarrant County, Texas
$67,798.00
Eight (8) percent
Annual Interest Rate on Unpaid, Mature Amounts: Ten (10) percent �
Term of payment: Principal and Interest is due in full on or before
October 31 St, 1999
Security for payment: Lien Created in the Following Mechanic's Lien
Contract between Owner and Payee: City of Fort Worth
Date of Lien: �
Trustee: Transportation & Public Works Director
Property Description: See Attached
This note incorporates and is subject to the "Mechanic's Lien Contract".
': .
Owner promises to pay to the order of Payee at the place for payment and
according to the terms of payment as more fully set forth in the Mechanic's Lien
Contract, the principal amount plus interest. All unpaid amounts, principal plus
interest shall be due by October 31St, 1999. If Owner defaults in the payment of
this Note or in the performance of any obligation in the Mechanic's Lien Contract,
and the default continues for a period of ten (10) days after Payee gives Owner
notice of the default, then Payee may declare the unpaid principal balance and
earned interest on this note immediately due. Maker and each surety, endorser,
and guarantor waive all demands for payment, �otices of intention to accelerate
maturity, notices of acceleration of maturity, protests, and notices of protest, to the
extent permitted by law.
At any time, Owner may make full or partial prepayments on the principal without
paying any premium or penalty. All prepayment of principal shall be applied on
the inverse order of maturity.
If this note or the Mechanic's Lien Contract is given to an attorney for collection or
enforcement, or if suit is brought for collection or enforcement, or if it is collected or
enforced through probate, bankruptcy, or other judicial proceedings, Owner shall
pay Payee all costs of collection and enforcement, including court costs and
reasonable attorney's fees, which fees shall be not less than ten (10) percent of
the principal then due and owing, in addition to other amounts due.
Interest on the debt evidenced by this note shall not exceed the maximum amount
of non-usurious interest that may be contracted for, taken, reserved, charged or
received under law. Any interest in excess of that maximum amount shall be
credited on the principal of the debt or, if that has been paid, refunded. On any
acceleration or required or permitted prepayment, any such excess shall be
canceled automatically as of the acceleration or prepayment or, if already paid,
credited on the principal of the debt or, if the principal of the debt has been paid,
refunded. This provision overrides other provisions in this and the Mechanic's
Lien Contract.
Each Owner, if more than one, is responsible for all obligations represented by this
note.
When the context requires, singular nouns and pronouns include the plural.
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C. at DiFonzo, P�esident
ZENA Development Corporation
P.O. Box 92864
Southlake, Texas 76092
INTEROFFICE CORRESPONDENCE
GARY J. STEINBERGER �
OFFICE OF THE CITY ATTORNEY
1000 THROCKMORTON
FORT WORTH, TEXAS
(817)871-7600
FAX (817) 871-8359
WRITER'S DIRECT NUMBER (817) 871-7615
DATE:
TO:
THEN TO:
FROM:
SUBJECT
August 24, 1999
Mike Groomer
Assistant City Mana r
Gloria Pearson �.�
City Secretary f
Gary Steinb,�
Assistant City
Mechanic's Lien for Remington Point Phase I
Attached is the subject document. Please execute the lien and have your
signature notarized. Forward to Gloria for attestation. The original document
needs to be return to Raquel who is responsible for seeing that the lien is filed in
the lien records at the Tarrant County Court House.
If anyone has questions, please contact me.
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INTER-OFFICE CORRESPONDENCE
City of Fort Worth
Transportation/Public Works Department
August 12,1999
TO: Gary Steinberger
Assistant City Attorney
FROM: Raquel Velasquez, Development Project Coordinator
SUBJECT: MECHANIC'S LIEN CONTRACT AND NOTE FOR REMINGTON
POINT, PHASE 1, SECTIONS A&B
According to your e-mail (see copy) the Lien reads as required. Let me know if
there something else I need to revise? If approved, please execute this Lien
with Zena Development, Pat DiFonzo has signed the note. I don't know why I
had not sent it back to you, but here it is.
Thanks for your help.
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, � � _ � m. � � „�.�. ,,.._... � ,.- � � ���r_ � � >
.. � _.._.
Veiasquez, Rague�._u�4r,<a,N,..��;�} .a,�.,�*.���...���, ,�,� �.����.�.�.t�,����.�.
Fror�: Steinberger, Gary J.
Sent: Monday, February 15, 1999 3:14 PM
To: Velasquez, Raquel
Subject: Remington point Phase I
The lien looks good. On the note under term and payment, make it read "Principal and Interest is
due in full on or before October 31, 1999.
Dan, if we have the money to do this, why don't we have the money to do Huffines Road?
I am asking only because if Alan Taylor sees the M&C he will want to know the answer to this
question.
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• 4 .. .
DATE
City of FoYt Worth, Texas
n✓I�Ayar And Caunc�l C,ammun�cA�t�an
5/11 /99
SUBJECT
REFERENCE NUMBER LOG NAME PAGE
C-17427 20ZENA 1 of 2
COMMUNITY FACILITIES A REEMENT WITH REMING ON POINT, LP, BY ZENA
DEVELOPMENT CORPORATION AND MHI PARTNERSHIP, LTD., BY MCGUYER
HOME BUILDERS, INC. FOR THE INSTALLATION OF COMMUNITY FACILITIES TO
REMINGTON POINT PHASE I, SECTIONS A AND B
RECOMMENDATION:
It is recommended that the City Council rescind M&C C-17340, approved March 23, 1999, for the Community
Facilities Agreement with McGuyer Home Builders, Inc. for the installation of community facilities to serve
Remington Point Phase I, Sections A and B and approve the revised Community Facilities Agreement as follows:
DISCUSSION:
The previously approved M&C failed to include the section for water and sewer improvements. In
addition, the name of the developer should more accurately be described as Remington Point, LP, by
Zena Development Corporation and MHI Partnership, Ltd., by McGuyer Home Builders, Inc.
ESTIMATED COSTS:
Proiect Cost
Water
Sewer
Construction Inspection Fee
II. Street Improvements
� Construction
Design Engineering
Engineering and Administration
Storm Drain Improvements
Construction
Design Engineering
Engineering and Administration
Devefoper
$ 643,408
376,241
20,393�
752, 915
-0-
15,058*
361,592
-0-
7,232�
III. Street Lights 70,400
Engineering and Administration 7,040
IV. Street Name Signs
Subtotal
Future Improvements
TOTAL
1,440
$2,255,719
67.798
$2,323,517
City
$163,482
478
-0-
557
3,290
39, 501
2,370
30,117
2,370
-0-
-0-
18,079
��
-0-
$260,244
49.728
$309,972
(Park)
(Park)
(Park)
(Park)
(Park)
Tota!
$ 806,890
478
376,241
557
23,683
792,416
2, 370
45,175
2,370
361, 592
-0-
25,311
70,400
7, 040
1,440
$2,515,963
117.526
$2,633,489
(*) 2% Construction Inspection
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City of Fort Worth, Texas
�✓I�Ay�r Ar1d Caunc�l C„ammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
5/11 /99 C_� 7�27 20ZENA 2 of 2
SUBJECT COMMUNITY FACILITIES A REEMENT WITH REMING ON POINT, LP, BY ZENA
DEVELOPMENT CORPORATION AND MHI PARTNERSHIP, LTD., BY MCGUYER
HOME BUILDERS, INC. FOR THE INSTALLATION OF COMMUNITY FACILITIES TO
REMINGTON POINT PHASE I, SECTIONS A AND B
Costs do not inciude developer's design engineering cost on interior streets and storm drains.
Under the terms of this agreement, the developer's share of future improvements will be submitted prior
to execution of this agreement. Contributions from future developers will be collected as agreements
for these properties are executed. The City will provide funds for its' share of any future improvements
at the time a contract is awarded for the construction of these improvements.
PLAN COMMISSION APPROVAL:
On September 23, 1997, the Plan Commission approved application for Preliminary Plat (PP 97024).
Final Plat (FP 98018) has been submitted to City staff for review.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of
the New Development Fund and the Commercial Paper-Water and Sewer Funds.
MG:j
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Hugo Malanga
Additional Information Contact:
I FLJND I ACCOUNT I CENTER I AMOUNT
� (to)
�
6140 I
7801
�
I (from)
I C115
GC05
I PS46
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511010 020115095215 $ 48,196.00
541200 080050500270 $ 45,276.00
539140 070460133480 $163,482.00
Hugo Malanga 7801
CITY SECRETARY
APPROVED 5/11/99
City of Fo�t Wo�th, Texas
�1✓�ayar and �aunc�( C,c�mmun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAG�
5/11/99 C-17427 I ZOZENA I 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH REMINGTON POINT, LP, BY ZENA
DEVELOPMENT CORPORATION AND MHI PARTNERSHIP, LTD., BY MCGUYER
HOME BUILDERS, INC. FOR THE INSTALLATION OF COMMUNITY FACILITIES TO
REMINGTON POINT PHASE I, SECTIONS A AND B �
RECOMMENDATION: � �
It is recommended that the City Council rescind M&C C-17340, approved March 23, 1999, for the Community
Facilities Agreement with McGuyer Home Builders, Inc. for the installation of community facilities to serve
Remington Point Phase f, Sections A and 6 and approve the revised Community Facilities Agreement as folfows:
DISCUSSION:
The previously approved M&C faiied to include the section for water and sewer improvements. In
addition, the name of the developer should more accurately be described as Remington Point, LP, by
Zena Development Corporation and MHI Partnership, Ltd., by McGuyer Home Builders, Inc.
ESTIMATED COSTS:
Proiect Cost
I. Water
Sewer
Construction Inspection Fee
Il. Street lmprovements
Construction
Design Engineering
Engineering and Administration
Storm Drain Improvements
Construction
Design Engineering
Engineering and Administration
Develoaer
$ 643,408
376,241
20,393*
752, 9'15
-0-
9 5,058*
361,592
-0-
7,232*
III. Street Lights 70,400
Engineering and Administration 7,040
IV. Street Name Signs
Subtotal .
Future Improvements
TOTAL �
1.440
$2,255,719
67.798
$2,323,517
Citv
$163,482
478
-0-
557
3,290
39,501
2,370
30,197
2,370
-0-
-0-
18,079
��
-0-
$260,244
49.728
$309,972
(Park)
(Park)
(Park)
(Park)
(Park)
Total
$ 806,890
478
376,241
557
23,683
792,416
2,370
45,175
2,370
361,592
-0-
25,311
70,400
7,040
1.440
$2,515,963
117.526
$2,633,489
. .,. .,
(*) 2% Construction Inspection
City of Fort Worth, Texas
�1►�Ayar Ar1d Caunc�l ammun�cAt�an
C
DATE REFERENCE NUMBER LOG NAME PAGE
5/11/99 C-17427 20ZENA I 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH REMINGTON POINT, LP, BY ZENA
DEVELOPMENT CORPORATION AND MHI PARTNERSHIP, LTD., BY MCGUYER
HOME BUILDERS, INC. FOR THE INSTALLATION OF COMMUNITY FACILITIES TO
REMINGTON POINT PHASE I, SECTIONS A AND B
Costs do not include developer's design engineering cost on interior streets and storm drains.
Under the terms of this agreement, the developer's share of future improvements will be submitted prior
to execution of this agreement. Contributions from future developers will be collected as agreements
for these properties are executed. The City will provide funds for its' share of any future improvements
at the time a contract is awarded for the construction of these improvements.
PLAN COMM/SSlON APPROVAL:
On September 23, 1997, the Plan Commission approved application for Preliminary Plat (PP 97024).
Final Plat (FP 98018) has been submitted to City staff for review.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of
the New Development Fund and the Commercial Paper-Water and Sewer Funds.
MG:j
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head
Hugo Malanga
Additional lnformation Contact:
Hugo Malanga
FUND I ACCOUNT I CENTER
(to)
6140 �
�
7801 I (from)
� C115 511010
� GC05 541200
� PS46 539140
78U1 �
020115095215 I
080050500270
070460133480
AMOUNT
�
$ 48,196.00 �
$ 45,276.00
$163,482.00
CITY SECRETARY
APPAOYED
C1TY CaI�NG�
MAY 11 1999
�����
�,'rY $��zeffiry c: t�►a
Ci�g Qi Fort Wer!t. _'e�=.