HomeMy WebLinkAbout025254 - Construction-Related - Contract - FW-SC Phase II Partners Ltd., .. . �1 � , .
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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS S City Secretary
Contract No. c�� 02,� 7
COUNTY OFTARRANT S
WHEREAS, FW-SC Phase II Partners, Ltd., hereinafter called "Developer",
desires to make certain improvements to Stone Creek Addition, Phase 2B (Blocks H-
L), 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 Denton and Tarrant Counties, 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 Stone Creek Development
Company, its duly authorized General Partner and the City, acting herein by and
through Mike Groomer, its duly authorized Assistant City Manager, for and in
consideration of the covenants and agreements herein performed and to be
performed, do hereby covenant and agree as follows, to-wit:
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SECTION ONE
COMMUNITY FACILITIES AGREEMENT
to install
WATER AND SEWER SERVICES '
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STONE CREEK ADDITION, PHASE 2B &
16"WATER IN TRINITY BLVD SUGARBERRY TO 1,688' WEST
A. The City agrees to permit the Developer to let a contract for, in accordance
. with its accepted practices, ordinances, regulations, and the provisions of
the City Charter, and subject to the requirements of the City's Charter, and
subject to the requirements of the City's Policies and Regulations for
Installation of Community Facilities, all as current at the time of installation:
WATER FACILITIES serve the lots as shown on the attached Exhibit A,
and SANITARY SEWER FACILITIES to serve the lots as shown on the
attached Exhibit A-1 all in accordance with plans and specifications to
be prepared by private engineers employed by the Developer and
approved by the Water Department.
B. The City agrees to allow the Developer to install, at his expense, at the
time all other water mains in this addition are installed, a service line for
each lot as shown on the attached Exhibit A. The estimated cost of
these service lines is $ 41,976. The City agrees to record the location of
each said service line in respect to the corner of the lot served, and to
retain said records in its possession.
C. The construction cost of the water facilities herein concerned, exclusive of
service lines and engineering, is estimated to be TWO HUNDRED AND
ONE THOUSAND, FIVE HUNDRED EIGHTY-ONE Dollars ($201,581) .
D. The City agrees to allow the Developer to install, at his expense, at the
time all other sanitary sewer mains in this addition are installed, a service
line for each lot as shown on the attached Exhibit A-1 . The estimated
cost of these service lines is $ 25,080.00. The City agrees to record the
location of each said service line in respect to the corner of the lot ser.ved,
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 HUNDRED TWENTY-FOUR THOUSAND, FOUR HUNDRED
`�� THIRTEEN Dollars ($124,413.00) .
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PROJECT NAME: STONE CREEK ADDITION, PHASE 2B & 16"WATER IN
TRINITY BLVD SUGARBERRY TO 1,688' WEST
F. Prior to allowance of the construction contract by Developer, the Developer
agrees to provide acceptable financial guarantee to the 'City for 100
percent of the construction costs along with payment of any Ordinance
costs and fees that are applicable. Prior to the award of the construction
contract by the City or the commencing of any work by the City or its
contractors, the Developer agrees to pay to the City:
(1) (a) One Hundred percent (100%) of the Developer's cost of all water
and sanitary sewer facilities within the development, exclusive of
engineering and service costs, sized to.provide water and sanitary sewer
service within the development. �
(b) One hundred percent (100%) of the Developer's cost of all
approach water and sanitary sewer facilities outside the limits of the
development sized to provide water and sanitary sewer service to the
development.
(c) One hundred percent (100%) of the Developer's cost of any
approach water main facility or water facility within the development that is
8-inches in size for non-industrial development and 12-inches in size for
industrial development. �
(d)One hundred percent (100%) of the Developer's cost of any
approach sanitary sewer main facility or sanitary sewer facility within the
development that is 8-inches in size.
(2) An additional ten percent (10%) of the total of the Developer's co'st
of these water and sanitary sewer facilities, exclusive of cost of service
lines, is required for design engineering if such engineering is performed
by the City at the Developer's request.
(3) One hundred percent (100%) of the Developer's cost of all service
lines, estimated under B and D above, in accordance with the provisions
of the current Fort Worth City Code.
(4) A construction Inspection Fee equal to finro (2%) of the Developer's
actual cost share of the construction cost (including all services) of the
water and/or sanitary sewer facilities.
C'� The distribution of estimated construction cost befinreen the City and the
� Developer, as per paragraph F above, for all water and sanitary sewer
facilities to be constructed hereunder is estimated as follows:
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PROJECT NAME: STONE CREEK ADDITION, PHASE 2B & 16"WATER IN
TRINITY BLVD SUGARBERRY TO 1,688' WEST
(1) WATER FACtLITIES :
Estimated �`*
Developer Estimated Total
Cost City Cost Cost
(a) Mains, Within
Development $ 159,559 $42,022 $ 201,581
� Approach $ -0- $ -0- $ -0-
(b) Easements� $ -0- � $ -0- $ -0-
(c) Services (132-1") $ 41,976 $ -0- $ �41,976
Sub-Totals, Water $ 201,535 $42,022 $ 243,557
(2) SANITARY SEWER FACILITIES:
(a) Mains, Within �
Development $ 124,413
Approach $ -0-
(b) � Easements * $ -0-
(c) Services ( 132 -4") $ 25,080
Sub-Totals, Sewer $ 149,493
(3) TOTAL CONSTRUCTION
COST: $ 351,028
(4) CONSTRUCTION
1NSPECTION FEE : $ 7,021
$ -0-
$ -0-
$ -0-
$ -0-
$ -0-
$42, 022
$ 840
'`to be dedicated by the developer.
**see Page 4 for City Cost
** CITY PARTICIPATION BREAK-DOWN FOR:
$ 124,413
$ -0-
$ -0-
$ 25,080
$ 149,493
$393,050
$ 7,861
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STONE CREEK ADDITION, PHASE 2B & 16"WATER IN TRINITY BLVD
SUGARBERRY TO 1,688' WEST
Developer pays the cost for water main up to 8-inch and the City pays for main
between 16-inch and 8-inch "
16"/8" Water main:
1,688 L.F. X ($47 - $28) _ $32,072
Developer pays the cost for gate valve up to 8-inch and the City pays for gate
valve between 16-inch and 8-inch •
16"/8" Gate Valve:
1 EA. X ($7,500 - $550) _ $ 6,950
City pays for 6" Blow-off which is required for the 16" main
16"/8" Blow-off:
1 EA. X ($3,000) _ $ 3,000
TOTAL CITY PARTICIPATION = $32,072+ $ 6,950 + $ 3,000 = $42,022
(Developer onsite water cost is $136,407 +$65,128= 201,535)
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PROJECT NAME: STONE CREEK ADDITION, PHASE 2B & 16"WATER IN
TRINITY BLVD SUGARBERRY TO 1,688' WEST
H. The above charges do not include any front foot charges for connection to
existing or proposed water and/or sanitary sewer mains constructed or to
be constructed under the provisions of the "APPROACH MAIN OPTION"
as described in Section III of the Policy for the "INSTALLATION OF
COMMUNITY FACILITIES" adopted in September, ' 1992. These
additional charges are as follows:
Applicable to this Contract in the amount of $ N/A.
by Contract No. N/A
Applicable CFA Name
Date: N/A
dated N/A
N/A
Number N/A
When water facilities are installed by contract, installation of water
services will be included as part of the contract. Installation of ineter
boxes on those services may be done by the City, after completion of
construction of all relative curb and gutter work on the water facilities
project site, at a cost of $70/$135 per contract-installed charge to be due
and payable prior to issuance of a Work Order on the water facilities
installation contract. The above charges do not apply if the Developer
elects to include meter box installation as part of the contract. However,
meter boxes must conform City standards.
J. Within a reasonable time after completion of the above referenced
facilities to be constructed by contract awarded by the Developer,
provided all conditions for City participation have been met, the City
agrees to pay the Developer the "Estimated City Cost" set out in G above;
provided, however, that said payment shall be calculated using the actual
construction costs and actual service costs under the provisions of
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PROJECT NAME: STONE CREEK ADDITION, PHASE 2B & 16"WATER IN
TRINITY BLVD SUGARBERRY TO 1,688' WEST
the current Fort Worth City Code, (said payment to be calculated as in G
above), based on actual quantities as reflected in the final estimate paid
to the Contractor by the Developer and on the actual records of cost kept
by the City as a part of its customary procedures. In the event the
difference in the deposit and the actual costs exceeds $25, Developer
agrees to pay to the City and underpayment which said adjustment might
indicate as being due, and the City agrees to pay to Developer any
overpayment.
K. Work hereunder shall be completed within finro (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 finro (2) years from date hereof, except for refunds
due from "front foot charges" on water and sanitary sewer mains, which
refunds may continue to be made for a period of ten (10) years
commencing on the date that approach mains are accepted by the
Director. If less than 70% of the eligible collections due to the developer
has been collected, the Developer may request in writing an extensior� of
up to an additional 10 years for collection of front foot charges. In the
event water and/or sanitary sewer facilities work is not completed within
the (2) year period, City may, at its election, complete such work at
Developer's expense.
L_ It is further agreed and understood that any additional payment required
of Developer is to cover only such additional work and/or materials as
may be made necessary by conditions encountered during construction,
and shall not include any change in scope of the project.
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RECOMMENDED:
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�Lee C. Bradle , Jr.
d Director
Water Department
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Date
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STREET AND STORM DRAIN IMPROVEMENTS
A. GENERAL PROVISIONS:
The Developer acknowledges that he has complied with Article 104.100 of
Ordinance 7234 and hereby relieves the City of any responsibilities for any
inadequacies in preliminary plans and cost estimates supplied for the purpose of this
contract and further agrees that he will comply with the Subdivision Ordinance, City
Plan Commission Rules and Regulations, and Policy for Installation of Community
Facilities and all applicable policies, rules, regulations and ordinances of the City
regarding development.
2. The Developer agrees to install or cause ta have installed, the street and storm
drainage facilities improvements shown on the attached Exhibits "B" and "B-1",
respectively, in accordance with plans and specifications prepared by the City or
prepared by the Developer's engineer and approved by the City Engineer.
3. The Developer agrees to install, adjust or cause to be installed or adjusted, all of the
required utilities to serve the development. On Border Streets, the Developer will be
responsible only for the costs of relocating the utilities, with the City coordinating the
utility c�nstruction. Prior to construction, the Developer will provide the City a list of
all utilities that will require relocating, along with assurance that no conflicting street
construction will take place until the utility relocation has been completed. The
Developer further agrees that before commencing construction the City will be
provided Performance and Payment bonds equal to 100% of the construction costs'
and a one year Maintenance Bond, for the constructed streets. The Developer also
agrees that no street construction shall begin prior to the City Council's approval of
this Community Facilities Agreement, in accordance with Section 104.100 of City
Ordinance No. 7234.
4. Except where specifically stated otherwise in this contract, the Developer hereby
agrees and binds itself to provide all necessary right-of-ways andlor easements
required to construct the street improvements including any drainage outFall, in
lengths, widths, and locations as approved by the City Engineer.
5. Unless the City is to prepare plans and specifications for a separate project of
estimated value less than $10,000 as requested by the Developer, the Developer
agrees to submit plans and specifications prepared by an approved Professional
Engineer, registered in the State of Texas, proficient in Civil Engineering, for the
improvements required under this agreement. Such plans shall be in compliance
with the policies, ordinances, and rules of the City of Fort Worth, and are subject to
approval by the City Engineer. After said plans are approved as witnessed by the
signatures of the City Engineer and of the Deputy Director of the Water Department,
the Engineer shall provide the City one (1) set of reproducible approved plans,
�,, plotted x-sections, and specifications; and nineteen {19) copies of the plans and
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
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eight (8) sets of the specifications and contract documents (four (4) unexecuted, 2
executed and 2 conformed sets). Additional sets of plans and/or specifications may
be required for other departments and/or agencies depending on the project.
6. The Developer agrees to complete the improvements covered by this agreement
within 90 calendar days after having been instructed to do so, in writing, by the
Director of Transportation and Public Works. It is understood that the Developer will
initiate the construction of all improvements to conform with his own schedule,
except for those improvements which the Transportation and Public Works Director
deems necessary for the proper and orderly development of the area. In the event
Developer fails to carry out any such instructions within the 90-day period, the
Developer gives the City the right to award a contract for the improvements in
question, and agrees to pay to the City prior to the award of the contract, the amount
of the low bid.
7. The Developer agrees that all improvements to be constructed hereunder will be
subject to inspection and approval by the City Engineer, and require any contractor
who will be involved in any earthwork within any future public right-of-way, to notify
the Department of Engineering, Construction Services Division, before any work
takes place and to require all earthwork to be done in accordance with the City of
• Fort Worth Standard Specifications to the satisfaction and approval of the City
Engineer or his representative. The developer also agrees that�no street or storm
drain construction shall begin prior to the City Council's approval of this Community
Facilities Agreement in accordance with Section 104.100 of City Ordinance No.7234.`
8. The Developer agrees to fumish to the City simultaneous with Developer's execution
of this agreement, "performance and payment bonds" or cash deposit in accordance
with "General Requirements," Section V, Paragraph F(4) of this agreement. These
bonds or deposit will be conditioned upon the satisfactory compliance by the
Developer with all requirements concerning improvements as set forth in this
agreement, including, but not limited to, making payments to any persons, firm
corporation or other entity with whom the Developer has a direct contractual
relationship for the performance of City work hereunder.
9. In the event the Developer awards his own contract and does not desire City
participation, the D'eveloper shall pay the entire cost of the street and/or storm
drainage facilities. The condition set out in "General Requirements," Section V,
Paragraph F of this agreement shall apply.
10. In the event the Developer desires City participation and follows the procedure as set
forth in Section IV and V of the Policy For The Installation of Community Facilities,
the City's participation in the costs shall be as shown in Section I�-B, (Street
Improvements) and Section II-C (Storm Drainage Improvements) of this agreement.
In no event shall the City be liable to the Developer for any payments in excess of
the City's estimated participation unless and until there is separate and formal
approval by the City Council to pay such excess amount.
11. Upon completion of these facilities, it is agreed and understood that the Developer's
estimated participation in the costs as may be indicated in this contract, shall be
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
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adjusted to equal the final costs, except that the Gity shall not be obligated to make
any refunds until all facilities required under all sections of this agreement have been
completed to the satisfaction of the City. No refund of less than $25.00 will be made.
In the event the difference in the deposit and actual cost exceeds $25.00, the
Developer agrees to pay to the City any underpayment and the City agrees to
refund any over payment to the Developer.
12. The City will provide construction engineering, except for the setting of line and
grade stakes for streets and storm drains (see definition of Construction
Engineering), without charge on all projects regardless of size. The setting of line
and grade stakes for streets and storm drains shall be the responsibility of the
developer except that the City reserves the right to pre-qualify persons and/or firms
that are hired to provide this surveying and to check the accuracy of the surveying
and the conformance of the stakes to the approved plans.
Following the setting o line and grade by a private surveyor hired by the developer,
the contractor shall �ive 24-hour notice to the Construction Engineer so that
inspection personnel i�vill be available. No work shall begin until the assigned
inspector is present and gives his consent to proceed.
13. Approval by the City �ngineer shall not constitute or be deemed to be a release of
the responsibility and liability of the Developer, his engineer, employees, and agents
for the accuracy and c�mpetency of their designs and specifications. Such approval
shall not be deemed b� be an assumption of such responsibility and liability by the
City for any defect in the designs and specifications prepared by the consulting
engineer, his agents and employees, it being the intent of the parties that approval
by the City Engineer signifies the City's approval on only the general design concept
of the improvements to be constructed. In this connection the Developer shall for a
period of five (5) years after the acceptance by the City of the completed
construction project indemnify and hold the City and all of its officers, agents,
servants and employees harmless from any loss, damage, liability or expense, on
account of damage to property and injuries, including death, to all persons which
may arise out of any defect, deficiency or negligence of the engineer's designs and
specifications incorporated into any improvements constructed in accordance
therewith, and the Developer shall defend at his own expense any suits or other
proceedings brought against the City and its officers, agents, servants and
employees, or any of them on account thereof, to pay all expenses and satisfy all
judgments which may be incurred by or rendered against them or any of them in
connection therewith.
14. The developer agrees to construct street lights as specified in Section III of the
agreement at the same time as streets are being constructed.
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CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
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B. STREET IMPROVEMENTS BY DEVELOPER:
1. Developer hereby agrees and binds itself to:
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a. Excavate ail streets, including parkways, to line and grade established in the
approved plans. No fill shall be put in place unless a City of Fort Worth
inspector is present and approves the installation.
b. Require any contractor who will be involved in any earthwork within any
future public right-of-way, to notify the Department of Engineering,
Construction Services Division, before any work takes place and to require
all earthwork to be done in accordance with the City of Fort Worth Standard
Specifications to the satisfaction and approval of the City Engineer or his
representative.
c. Install all necessary storm drainage facilities in accordance with the
Transportation and Public Works Department's "Policy For Storm Drainage
Facilities". �
d. Construct all utilities and services in the streets to at least finro feet back to
the curb line prior to the construction of curb and gutter and paving of the
streets. All trenches shall be backfilled in accordance with standard City
specifications.
e. Construct concrete curb and gutter on both sides of the street, unless this
agreement specifies otherwise, including intersections. Construct concrete
driveways to the back of the walk line for each lot fronting on the street in
accordance with standard City specifications. Construct sidewalks if
specified in this agreement.
f. Construct pavement, including subdrains determined to be required by the
City Street Inspector during construction, on all streets in accordance with the
approved plans and/or specifications.
g. Improve border streets at the time of development unless conditions preclude
improvements at that time as determined by the Director of Transportation
and Public Works.
h. Construct, at its own expense, curb returns at all street intersections within or
adjacent to the area covered by this agreement.
Be responsible for grading the parkway befinreen the curb lines and the
property lines to elevations required by the City Engineer.
j. Grade all 20' x 20' and 15' x 15' Open 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":
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
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2. Cost Distribution:
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a. The City shall bear all of the excess cost of street improvements 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 fifiy-finro
(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 reimbursement 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 width in excess of forty feet
adjacent to residential (single family or duplex) zoning and fiffy-two feet adjacent
to zoning other than single family or duplexes.
(2) The reimbursement due to Item (1) above shall be based on uni"t 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 the cost of one-half of the curb,
gutter, paving (including any base stabilization), and related earthwork adjacent to the
park.
d. All Railroad Crossings shall be of type "Rubber Railroad Crossing" without exception.
The City's participation in railroad crossings shall be in accordance with this Section.
Furthermore, if it is necessary for the City to condemn Railroad property, the developer
shall reimburse the City the entire cost of the condemnation process including attorney
fees plus any other costs associated with the right-of-way and or easement acquisition.
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 its share of construction as
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
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defined for designed above engineering.
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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 Development Coordinator. For the preparation of
a community facilities 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 (2%) of the Developer's share of the street construction cost.
This amount may be adjusted by the Developer or the City, upon written request, to
conform to the actual construction cost upon completion and acceptance of the street
facilities, provided the difference is greater than twenty-five dollars ($25.00).
3. The following special cost distribution conditions shall be in lieu of, shall supersede and shall
prevail over any of the standard cost distribution provisions which may be in conflict herewith.
None.
4. Estimate of Construction Cost
Item Quantity
28' Wide Roadway 5,030 L.F.
5" Reinf. Conc.
6" Lime Stab. Subgr
4' Wide Std. Sidewalk
Unit
Price
$75.00
691 L.F. 12.00
Sub-Total
10% Contingencies
Total
*City's participation due.to proposed park site is $ 33,888 .
Developer
Cost
$346,443
Park*
Cost
$30,807
8,292 -0-
$354,735 $30,807
35,474 3,081
$390,209 $33,888
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
Total
Cost
$377,250
8,292
$385,542
38,555
$424,097
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C. STORM DRAINAGE IMPROVEMENTS:
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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 bids 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-1", 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
public 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 flowline "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 finrenty-five (25) feet past an outFall headwal� 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 Engineer 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.
e. 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.
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CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
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2. Cost Distribution:
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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°/a) 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 and/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 the 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 participation 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") inches in diameter or is of some
other 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-finro (52) feet adjacent to any other zoning and/or use.
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-8
�
0 ..
U
t y
Watershed Area
(Acres)
up to - 1,000 25
1,001 - 1,500
1,501 - 2,000
2,001 - 2,500
2,501 - 3,000
3,001 - 3,600
3,601 - 4,200
4,201 - 4,800
4,801 - 5,400
5,401 - 6,100
6,101 - 6,800
6,801 - 7,500
7,501 - 8,300
8,301 - 9,100
9,101 - 10,000
Over -10,000
City's Participation
(% of Cost)
30
35
40
45
50
55
60
65
70
75
80
85
90
95
100
3) Except as provided in Item 7., Page II-11, the City shall also pay one hundred
percent (100%) of the cost of constructing the extra width of a bridge or culvert
necessary 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, guardrails, 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 recommendation to the Council in such cases.
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-9
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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.
7) If the developer desires a roadway wider than determined necessary by the
Director of Transportation and Public Works, then there shall be no 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 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
thoroughfare street requirements.
f. Storm flow shall not be diverted from its natural drainage course to a border street
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 did 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 construction 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 of the storm drain improvements and 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 cash, or pertormance and payment bonds for 100 percent of the
estimated total construction cost of the improvements (plus ten percent (10%) for
engineering and miscellaneous costs if the City prepares the plans).
i. The Developer shall pay a construction inspection and materials testing fee in the
amount of finro percent (2%) of the developer's share of the storm drainage construction
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-10
� � �' O �
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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 facilities agreement, two percent (2%) of the estimated
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
bids are submitted and prior to the work order being issued, the Developer shall submit
the amount in cash representing finro percent (2%) of the Developer's share of the
storm drainage construction cost. This amount may be adjusted by the 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 of, shall supersede and
shall prevail over any of the standard cost distribution provisions which may be in conflict
herewith.
None:
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CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-11
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3. Estimate of Construction Cost
ITEM
2-9'x7' Box culvert
42" RCP
36" RCP
27" RCP
24" RCP
21" RCP
15' Std. curb inlet
10' Std. curb inlet
2-9'x7'Box headwall
42" Headwall
24" Headwall
Rip Rap
UNIT
QUANTITY PRICE
90 L. F. $700.00
100 L. F. 70.00
50 L. F. 58.00
260 L. F. 45.00
200 L. F. 40.00
260 L. F. 30.00
2 E.A. 2,500.00
8 E.A. 1,500.00
2 E.A. 3,000.00
2 E.A. 1,800.00
1 E.A. 1,100.00
270 S.V. 80.00
Sub - Totai
10%Contingencies
Total
*City's participation due to proposed park site is $ -0- .
**Development funds not�available for city participation.
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-12
O , '
DEVELOPER CITY* TOTAL
COST COST COST
$63,000** $-0- $63,000
. 7,000 -0- 7,000
2,900 -0- 2,900
11,700 -0- 11,700
8,000 -0- 8,000
7,800 -0- 7,800
5,000 -0- 5,000
12,000 -0- 12,000
6,000 -0- 6,000
3,600 -0- 3,600
1,100 -0- 1,100
21,600 -0- 21,600
$149,700 $-0- $149,700
14,970 -0- 14,970
164,670 $-0- $164,670
. � 0
D. SUMMARY OF COST:
Street Improvements
Construction
Design (6% of
Construction Cost)
Construction Engineering and
Administration
(7% if Construction Cost)
Storm Drain Improvements
Construction
Design (0% of
Construction Cost) '
Construction Engineering and '
Administration
(8% of Construction Cost)
Street Light Improvements (III)
Construction
Design (0% of �
Construction Cost)
Construction Engineering and
Administration
(10%2% of Construction Cost)
Street Name Sign Improvements (IV)
Construction
TOTALS {THIS PROJECT)
DEVELOPER
$390,209
8 7,804
164,670
b3,293 9,881
42,000 0
0
4,200 0
720 0
$612,896* $29,392
CITY
0
0
19,511
0"*
0
�
PARK
$33,888
2,033
`2,372
0
0
do
0
0
0
0
$38,293
TOTAL
$424,097
2,033
29,687
164,670
0
13,174
42,000
0
4,200
720
$680,581
*The sum of $612,896 to be deposited by the Developer prior to the execution of the contract.
Does not include Developer's Design Engineering Cost on interior streets and storm drains.
City's participation due to facilities constructed adjacent to City Park is:
Streets $ 38.293 ; Storm Drains $ -0-
�,
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-13
, v �`� , �
a,b Represents finro percent (2%) respectively of the Developer's share of the estimated
construction costs for construction inspection and materials testing.
c,d Represents the City's share of the construction engineering and administrative costs.
**No development funds available for City Participation
Recommend�d
/
/ CC�^/
� ,- �r����,-- t _
Hug anga, P.E., DirectcS�� ps„�; 4'�.y �
Transportation and Public Works
� � �,/ "%��
Date
Based on Policy Revised
September, 1992
CFA Code: 98069
CONTRACT FOR: STONE CREEK ADDITION, BLOCKS H-L
II-14
�• � �
E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
INTERSECTIONS
TRINITY BLVD & YAUPON WAY
YAUPON WAY & BEECH TREE LANE
ALDER TRAIL & SPANISH OAK DRIVE
TUPELO CT. & SWEET BAY DRIVE
MID-BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID-BLOCK COLLECTOR
MID-BLOCK ARTERIAL PARKWAY
MID-BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
STONE CREEK
PHASE II-B
Fo�t Worth, Texas
�,
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QUANTITY UNIT COST TOTAL COST
4 EA $ 2,000 � $ 8,000
11 EA $ 2,000
6 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,200
$22,000
$ 12,000
$ --0--
$--0--
$ --0--
0 EA $ 400 $ --0--
Subtotal $42,000.00
City's Cost $ ---0---
Developer's Subtotal $42,000.00
10% for Contingencies $ 4,200.00
Project Total $ 46,200.00
Adjacent Developer's Cost $ --0--
Developer's Cost $ 46,200.00
III-1
November 2, 1998
1Y f � O a �
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2. STREET LIGHTS WORK DESCRIPTION:
1. The Developer shall provide for the installation of streetlights at
the approximate locations shown in Exhibit "C" in accordance with
engineering plans and specifications to be approved by the
Transportation and Public Works Department.
2. Streetlights on residential and /or collector streets can be
installed using overhead or underground conductors with the approval
of the streetlight Engineer.
3. Streetlights on arterial streets shall be installed with underground
conduit and conductors.
4. The Developer shall install a 1�-inch schedule 40 PVC conduit on the
northern side of all streets or the western side of all streets
unless indicated otherwise on the plans. The conduit shall be
install at a depth of not less than 30 inches. The installation of
the conduit shall be included in the street construction plans.
5. The developer shall pay a two percent (2%) fee of the construction
cost of street light installation for construction engineering and
inspection of the street light installation.
6. In the case the developer contracts the city to install the
streetlights for some developments. The developer shall pay the
total amount shown below to the city at the time of the execution of
the community facilities agreement, including a ten-percent (10°s)
for engineering and miscellaneous costs for the city preparing the
plans.
TOTAL DEVELPOER'S COST $ 46,200.00
STON$ CREEK
PHASE II-B
Fort Worth, Texas
November 2, 1498
III-2
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IV
STREET NAME SIGNS
1. The Developer agrees to pay for the, street name sign
installations required by this development to the extent of
$80.00 per intersection. This unit cost will be revised annually
by the Department of Transportation and Public Works to reflect
prevailing costs of materials and labor.
2. This development creates the following nine (9) intersections at
a cost to the Developer of $720.00 •
Trinity Blvd. & Yaupon Way
Beech Tree Lane & Yaupon Way
Beech Tree Lane & Alder Trail
Beech Tree Lane & Red Cedar Street
Spanish Oak Drive & Alder Trail
� Spanish Oak Drive & Red Cedar Street
Sweet Bay Drive & Alder Trail
Sweet Bay Drive & Tupelo Court
Tupelo Court & Tupelo Court
3. The Developer may either deposit cash funds with the City equal
to the above amount at the time of Community Facilities Agreement
approval or wait until the street name signs are to be installed.
If the Developer elects to wait, the cost of street name signs
will be at the rate prevailing when the Developer deposits funds
with the City.
4. The City will install the street name signs upon final approval
of the street construction. The street name signs will remain
the property of, and will be maintained by, the City.
STONE CREEK ADDITION
PHASE 2B
``
For��,Worth, Texas
October 1, 1998
IV-1
�
ADDENDUM
�
The following constitutes an Addendum to be read and construed with and as a part of that
certain Community Facilities Agreement, heretofore entered into by and between FW-SC, Ltd.,
Ronald Haynes, 7r. Managing Partner, the Developer and the City of Fort Worth, a municipal
corporation in Tarrant County, Texas dated , and designated as Contract
No. ,in the office of the City Secretary of the City of Fort Worth, Texas.
(1)
The Developers and the City hereby agree as follows:
A. Developer agrees to deed to the public one parcel of land
approximately 4.25 acres in size out of the Stonecreek, Addition for
the purpose of a public park as so designated by the City Council, City
� of Fort Worth, the said parcel of land being the delineated azea shown
on the attached Exhibit "D", Parks, which is hereby incorporated
herein by reference for identifying the land to be so dedicated. The
deeding of said parks to the City shall occur no later than ninety (90)
days after approval of this Addendum by the City Council of the City
of Fort Worth.
B. Developer agrees to have or to cause to have the said above described
area, which is so with plans and specifications as approved by the City
Parks and Community Services Department. Developers agree to
provide a minimum of six (6") inches of topsoil over areas of cut or fill
within the designated pazk areas. The topsoil sha11 be relatively free
of rock and other debris.
C. Developers agrees to seed areas of cut or fill with suitable grass as
determined by the City Parks and Community Services Department.
D. Developer agrees to have or to cause to have suitable clean-up of the
park areas as determined by the City Parks and Community Services
Department prior to deeding of said areas to the City. This would
include, but not be limited to, removal of trash and construction debris
deposited on the said park areas.
E. Developer agrees that there shall be no transfer of interest in said park
area, either express or implied, prior to deeding, of said areas to the
City without the consent of the City Manager, City of Fort Worth.
D:bld data�hfy Documvtls�CFAsVStonecceek Pa� Addendm.doe
�
\'�J
F. Developer will, at the time of dedication of the park, provide the Parks
and Community Services Department with final plat drawings of the
pazk that will be submitted and filed by the Parks and Community
Services Department. The drawings will be provided at the e�cpense
of the Developers. ' �
G. The City Parks and Community Services Department's participation
in this contract as to land acquisition, development and maintenance
is subject to City Council approval and adequate funding of the
project.
Recommended:
`�:--�.
C
Richard Zavata, Director �
� Parks and Community Services Department
.,.
D:lold datalMy Donmeds�CFAs�Ston«xak Pe�ks Addendm.doc
,, , O O � .
PAVING FACILITIES ATTRIBUTABLE
TO PARK DEVELOPMENT
A. One half of linear foot charges of park paving, including desigri
engineering and inspeetion contingencies attributable to�the Parks and
Community Services Department at an estimated cost of $ 38.293.
B. The City's share of park paving costs to the proposed park will be due
and payable to the developer upon:
1. Completion of pazk paving; and
2. Delivery of the required pazk dedication documents for the park
property to the City.
Whichever event occurs last.
Recommended,
�r
Richard Zavala, Director
Parks and Community Services Department
D:bld dataVNy Doaanrnts�CFAs�Stonxr«k Pabs Addendiu.dac
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��
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 project designed
to serve a single lot or tract, the developer may at his option request the City to
provide the design engineering, and if such request is granted, the developer
shall pay to the City an amount equal to 10 percent of the final construction
cost of such project for such engineering services.
C. In the event the developer employs his own engineer to prepare plans and
specifications for any or all facilities, the plans and specifications so prepared
shall be subject to approval by the department having jurisdiction. One (1)
reproducible set of plans with 'i 5 prints and 35 specifications for each facility
shall be furnished the department having jurisdiction. It is agreed and
understood that in the event of any disagreement on the plans and
specifications, the decision of the Transportation/Public Works Department
Director, and/or Water Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon acceptance
by the City, title to all facilities and improvements mentioned hereinabove shall
be vested at all times in the City of Fort Worth, and developer hereby
, relinquishes any right, title, or interest in and to said facilities or any part hereof.
E. 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
���
�. .
VI-1
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and/or sanitary sewer facilities shall.cease upon the expiration of two (2) years
from date hereof, except for refunds due from "front foot charges" on water
and sanitary sewer mains, which refunds may continue to be made for a period
of ten (10) years commencing on the date that approach mains are accepted by
the Director. If less than 70% of the eligible collections due to the developer
has been collected, the Developer may request in writing an extension of up to
an additional 10 years for collection of front charges. If the construction under
the Community Facilities Contract shall have started within the two-year period,
the life of the Community Facilities Contract shall be extended for an additional
one-year period. Community Facility Contracts not completed within the time
periods stated above will require renewal of the contract with all updated
agreements being in compliance with the policies in effect at the time of such
renewal. Developers must recognize that City funds may not be available to
pay all or a portion of the normal City share for renewal contracts. It must be
understood by all parties to the Community Facilities Contract that any of the
facilities or requirements included in the contract that are to be performed by
the developer, but not performed by the developer within the time periods
stated above, may be completed by the City at the developer's expense. The
City of Fort Worth shall not be obligated to make any refunds due to the
developer on any facilities constructed under this agreement until all provisions
of the agreement are fulfilled.
F. PERFORMANCE AND PAYMENT GUARANTEES
1. For Street, Storm Drain, Street Liqht and Street Name Sipn Facilities on a
Non-Assessment Basis:
Performance and Payment bonds or cash deposits acceptable to the City
are required to be furnished by the developer for the installation of
streets, storm drains, street lights, and street name signs, on a non-
assessment basis, and must be furnished to the City prior to execution of
this contract. The performance and payment bonds shall be in the
�
VI-2
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�
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amount of one hundred percent (100%) of the developer's estimated
share of the cost of the streets, storm drains, street lights, and street
name �signs. If the deposit is in the form of cash, the deposit shall be in
the amount of one hundred twenty five percent (125%) of the
developer's estimated cost of the streets, storm drains, street lights,
street name signs, and change orders (during the course of the project).
2. For Pavina Assessment:
Performance and payment bonds or cash deposits, acceptable to the City
are required to be furnished by the developer for one hundred percent
(100%) of the developer's estimated cost resulting from the paving,
drainage, lighting and name signage of border streets on an assessment
paving basis. (Reference Section VI, Item 3, Development Procedures�
Manual.) Said performance and payment bonds or cash deposits must
be furnished to the City prior to execution of this contract.
3. For Water and Sanitary Sewer Facilities:
.,\\
Performance and payment bonds, or cash deposits, acceptable to the
City are required to be furnished by the developer for the installation of
water and sanitary sewer facilities.
a. Where the developer lets the construction contract for water and
sanitary sewer facilities, performance and payment bonds shall be
deposited, in the amount of one hundred percent (100%) of the
estimated cost of construction, cash deposited shall be in the
amount of one hundred twenty-five percent {125%), as stated in
the construction contract, is required to be furnished simultaneous
with execution of the construction contract.
b. Where the City lets the contract, performance and payment bonds
VI-3
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shall be deposited, in the amount of one hundred percent (100°/a1
of the estimated cost of construction, as stated in the construction
contract, is required prior to issuance of a work order by the City.
4. Tvaes of Guarantees:
a. Performance and Pavment Bonds: Are required for the
construction of streets, storm drains, street lights, and street name
signs, the following terms and conditions shall apply:
(1) The bonds will be standard performance and payment bonds
provided by a licensed surety company on forms furnished
by that surety company.
(2) The bonds will be subject to the review and approval by the
City Attorney.
(3) The performance bond shall be payable to the City and shall
guarantee performance of the street, storm drain, street
light, and street name sign construction contemplated under
this contract.
(4) The Payment Bond shall guarantee payment for all labor,
materials and equipment furnished in connection with the
street, storm drain, street light, and street name • sign
construction contemplated under this contract.
(5) In order for a surety company to be acceptable, the name of
the surety shall be included on the current U.S. Treasury list
of acceptable sureties, and the amount of bond written by
any one acceptable company shall not exceed the amount
shown on the Treasury list for that company.
VI-4
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b. Cash Denosits: A cash deposit shall be acceptable with
verification that an attempt to secure a bond has been denied,
such deposit shall be made in the Treasury of the City of Fort
Worth. The City of Fort Worth will not pay interest on any such
cash deposit.
('! ) At such time that the contract is bid for projects other than
assessment projects, the cash deposit shall be adjusted to
one hundred twenty five percent (125%) of the actual bid
price. No contract shall be awarded and no work order shatl
be issued until such adjustment is made.
(2) When a cash deposit is made, the additional twenty-five
percent (25%) beyond the one hundred percent (100%) of
the estimated developer's share represents additional funds
for change orders during the course of the project. This
twenty five percent (25%? shall be considered the
developer's change order fund.
(3) If the developer makes a cash deposit with the City, the
developer may make timely withdrawals from the cash funds
in order to pay the contractor and/or subcontractor based on
amount of construction work completed as approved and
_ verified by the City Engineer or authorized representative.
For projects whose actual total contract cost is 5400,000 or
greater, such release of security shall equal the percentage
of work completed for that period multiplied by ninety-five
percent (95%). This percentage shall be applied to the
actual current total contract cost to determine the amount
that may be reduced upon request of developer. For
projects whose actual total contract cost is less than
.,�
VI-5
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5400,000, such release of security shall equal the
percentage of work completed for that period multiplied by
ninety percent (90%). This percentage shall then be applied
to the actual current total contract cost to determine the
amount of security that may be reduced upon request of
developer. The remaining security, five percent (5%) for
projects of 5400,000 or greater and ten percent (10%) for
projects less than 5400,000 together with the remaining
funds from the Developer's Change Order Fund, if any, will
be released to the developer after the project has been
accepted by the City. Partial release of funds shall be limited
to once per month. There shail be no partial release of funds
for projects of less than 525,000. Proof that the developer
has paid the contractor shall be required for partial releases.
VI-6
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5. Purqose, Term and Renewal of Guarantees:
a. Performance and payment bonds, and cash deposits furnished
hereunder shall be for the purposes of guaranteeing satisfactory
compliance by the developer with all requirements, terms and
conditions of this agreement, including, but not limited to, the
satisfactory completion of the improvements prescribed herein, and
the making of payments to any person, firm, corporation or other
entity with whom the developer has a direct contractual,
relationship for the performance of work hereunder.
b. Developer shall keep said performance and payment bonds, and/or
casfi 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 (10%) 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
statutes prescribing the requirements for the letting of contracts for the
,�
1��b�
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construction of public work. Ttiis includes advertising in a local
newspaper at least twice in one or more newspapers of general
circulation in the county or counties in which the work is to be
performed. The second publication must be on or before the tenth
(10th) day before the first date bids may be submitted. The bids must
be opened by an officer or employee of the City at or in an office of the
City.
2. To employ a construction contractor who is approved by the Director of
the Department having jurisdiction over the facility to be so constructed,
said contractor to meet City's requirements for being insured, licensed
and bonded to do work in public 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 amounts
required by the City's specifications covering that particular work.
4. To give 48 hours notice to the department having jurisdiction of intent to
commence construction of the facility so that City inspection personnel
will be available; and to require the contractor to allow the construction
to be subject to inspection at any and all times by City inspection forces,
and not to install ar�y sanitary sewer, storm drain, or water pipe unless a
responsible City inspector is present and gives his consent to proceed,
and to make such �laboratory tests of materials being used as may be
required by the City�.
5. To secure approval�by the Director of the Department having jurisdiction
of any and all partial and final payments to the contractor. Said approval
shall be subject to and in accordance with requirements of this
�
; ,� o � Q . ,� ,
agreement, and is not to constitute approval of the quantities of which
payment is based.
6. To delay connections of buildings to service lines of sewer and water
mains constructed under this contract until said sewer and water mains
and service lines have been completed to the satisfaction of the Water
Department.
7. It is expressly understood by and between the developer and the City of
Fort Worth, that in the event the developer elects to award one single
construction contract for storm drainage and pavement, said contract
shall be separated in the bidding and City participation, if any, shall be
limited to the lowest possible combination of bids as if each of the above
were awarded as separate contracts.
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 agrees as follows:
1. The developer shall make separate elections with regard to water and/or
sanitary sewer facilities, storm drainage, street improvements and street
lights as to whether the work prescribed herein shall be performed by the
City, or by its contractor, or by the developer, through its contractor.
Each separate election shall be made in writing and delivered to City no
later than six (6} months prior to the expiration of this agreement. In the
event any of such separate elections has not been made and delivered to
City by such date, it shall be conclusively presumed that the developer
has elected that such work be performed by the City in accordance with
all of the terms of this agreement, and in particular Paragraph V-F hereof.
2. Irrespective of any such election and whether the work is to be ,
performed by the City, or by its contractor or by the developer through
..\
VI-9
♦ r � � ' �
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.
3. In addition to the guarantee required in the preceding paragraph, in the
event developer elects that the work be performed by the City, or by the
City's contractor, or such election is presumed as provided above, the
� developer covenants and agrees to pay to the City the developer's share
of the estimated construction costs. The amount of such estimated
payment shall be computed as set out in Sections I, II, III, IV, and V
hereof, based upon the lowest responsive bid for such work, as
determined by City, or upon a cost estimated to be performed by City
forces prepared by the City, as appropriate, and shall be subject to
adjustment to actual costs upon final completion of the subject work.
Such estimated payment shall be made promptly upon demand by City,
it being understood that such payment will be made after the receipt of
bids for work, but in every case prior to the award of any construction
contract, unless otherwise specifically set out herein.
4. Developer further covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its officers,
agents and employees from and against any and all claims, suits or
causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or
property, including death, 'resulting from, or in any way connected with,
this agreement or the constru tion of the improvements or facilities
described herein, whether or n t causes, on whole or in part, by the
negligence of officers, age ts, employees, licensees, invitees,
contractors or subcontractors of, the City; 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
-VI-10
o � ,
� ,� � .
has e ecuted his instrument in quadruplicate, at Fort Worth, Texas this the o� day
of , 19 �.
ATTEST:
LORIA PEARSON (
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
�
Gary J.' Stei�berger
Assistant City Attorney
�' -I �S � l�
Contract 1�uthorization
�l_�� ._ �' I
Date
CITY OF FOR OR H, EXAS
e
I o
�y:
Mike Groomer �
Assistant City Manager
DEVELOPER:
FW-SC Phase II Partners, Ltd.
By: Stone Creek Development Company
A Texas Corporation,
General Partner
C
B -�,.�•c
v' �
Ron Id N�ayn
General artner
�r
/
VI-12
� o � o < <
r
� � �
injuries or damages to persons or property, inciuding 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
individual involving employment as prohibited by the terms of Ordinance
No. 7278 (as amended by Ordinance No. 7400), an ordinance prohibiting
discrimination in employment practice because of race, creed, color,
religion, national origin (except for illegal aliens), sex or age, unless sex
or age is a bonafide occupational qualification, subcontractor or
employment agency, either furnishing or referring applicants to such
developer, nor any agent of developer is discriminating against any
individual involving employment as prohibited by the terms of such
Ordinance No. 7278 (as amended by Ordinance No. 7400).
J. The attached Exhibits Appendix "A", A, A1, B, B1, C, and D,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.
L. The City's Policy for the Installation of Community Facilities, as adopted by the
City Council on September 1992, is hereby incorporated herein by reference,
and Developer covenants and agrees to comply with said Policy as a condition
of this contract and as a condition to the platting of the subject �property.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its City Manager, attested
by its City Secretary, with the corporate seal of the City affixed, and said Developer
.`
. �
VI-11
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CIVIL E�1�INEERS — SURVEYORS — PLANNERS
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and LOTS 1-23, BLOCK L
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8700 STEMMONS FRWY., SUITE 400
DALLAS, TEXAS 75247
(214) 634-3300
EXHI8IT "A-1" - SANITARY SEII�
STON E CR EEK P H ASE TWO- B
Containing
LOTS 1-9� BLOCK H� LOTS 1-29, BLOCK I
LOTS 1-32, BLOCK J, LOTS 1-42, BLOCK K
and LOTS 1-23, BLOCK L
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8700 STEMMONS FRWY., SUITE 400
DALLAS, TEXAS 75247
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CIVIL ENGINEERS — SURVEYORS — PLANNERS
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8700 S7EMMONS FRWY., SUITE 400
DALLAS, TEXAS 75247
(214) 634-3300
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STREET NAME J„�NGTH (,L,,F�.
YAPON WAY 180 L.F.
BEECH TREE LANE 840 L.F.
SPANISH OAK DRIVE 1000 L.F.
SWEET BAY DRIV� 1350 L.F.
ALDER DRIVE 620 L.F.
RED CEDAR STREET 320 L.F.
TUPELO COURT 720 L.F.
TOTAL � 5,030 L.F.
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STONE CREEK PHASE TWO-B
Containing
LOTS 1-9, BLOCK H, LOTS 1-29, BLOCK I
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and LOTS 1-23, BLOCK L
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CIVIL ENGINEERS — SURVEYORS — PLANNERS
�QNDSCAPE ARCHITECTS
8700 STEMMONS FRWY., SUITE 400
DALLAS, TEXAS 75247
(214) 634-3300
EXHIBIT "B-1" - STORM DRAIN
STONE CREEK PHA5E TWO-B
Containing
LOTS 1-9, BLOCK H, LOTS 1-29, BLOCK I
LOTS 1-32, BLOCK J, LOTS 1-42, BLOCK K
and LOTS 1-23, BLOCK L
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8700 STEMMONS FRWY., SUITE 400.
DALLAS, TEXAS 75247
(214) 634-3300
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EX�IIBIT "D" - PARK DEDICATIOM
STONE CREEK PHASE TWO-6
Containing
LOTS 1-9, BI.00K H� LOTS 1-29, BLOCK I
LOTS 1-32, BLOCK J, LOTS 1-42� BLOCK K
and LOTS 1-23� BLOCK L
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�
ESCROW/PLEDGE AGREEMENT
WATER, SANITARY SEWER, STORM DRAINAGE AND PAVING IMPROVEMENTS
THIS ESCROW/PLEDGE AGREEMENT the "Agreement"), entered into as of
March 22, 1999, by and among FW-SC Phase II Partners, Ltd., a Texas Limited
partnership ("Developer"), the City of Fort Worth, Texas, a municipal corporation of
Tarrant County, Texas ("Fort Worth") and Comerica Bank — Texas, ("Comerica") is to
witness the following:
WHEREAS, Developer and Fort Worth have entered into a Community Facilities
Agreement for Lots 1-9, Block H; Lots 1-27, Block I; Lots 1-32, Block J; Lots 1-47, Block
K; and Lots 1-23, Block L of Stone Creek Addition Phase 2B, an addition to the City of
Fort Worth, Texas, (the "CFA"); and
WHEREAS, the CFA provides that Developer shall submit to Fort Worth
performance and payment bonds, cash deposits or other security acceptable to Fort
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 Comerica Bank
— Texas 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 meaning:
"Initial Security Funds: shall mean the cash deposit of $1,101,493.75 which sum
represents 125 percent of the estimated Developer's share of the remaining 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 Agreement.
"Payment and Performance Bond" shall mean a bond issued by a corporate
surety or insurance company acceptable to Fort Worth in an amount equal to
cost of improvements not yet completed by Developer.
SECTION 2. PLEDGE.
As security for 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
Comerica in accordance with Developer's periodic instruction. (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 hereafter set forth. The security
interest granted and the assignments made hereunder are made as security only and
shall not subject Fort Worth or Comerica 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.
SECTION 3. PHYSICAL POSSESSION OF PLEDGED COLLATERAL.
Concurrently with the execution of this Agreement, Developer shall have
delivered to and deposited with Comerica the Initial Security Funds representing or
evidencing the Pledged Collateral. The parties acknowledge and agree that Comerica
shall be required to segregate the Pledged Collateral from other funds held by Comerica
for Developer in accordance with the normal practices of Comerica as an Escrow Agent.
Comerica 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 pertormed. During such time as
Comerica has possession of the Pledged Collateral, Comerica shall furnish to Fort Worth
(when requested by Fort Worth), written acknowledgments signed by an officer of
Comerica detailing the amount of the Pledged Collateral.
SECTION 4. COVENANTS.
(a) Affirmative Covenants. So long as any of the Secured Obligations 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; and
(iii) notify Fort Worth of any claim, action, or proceeding affecting title to
the Pledged Collateral or Fort Worth's security interest therein.
�
(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 sybject to any Lien except the security
interest herein created in favor of Fort Worth.
SECTION 5. EVENTS OF DEFAULT.
Developer shall be in default under this Agreement only upon the happening of
any of the following events (a "DefaulY'):
(a) default in the timely payment or perFormance of the Secured Obligations after
written notice thereof has been given to Developer and Comerica 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 Comerica to transfer to Fort Worth all of the Pledged Collateral.
Comerica 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 Stone Creek Phase
2B Community Facilities Agreement;
(ii) written notice of such Default has been given by Fort Worth to
Developer and Comerica and such Default was not cured within
seven (7) days after such notice; and
(iii) Fort Worth is entitled to have the Pledged Collateral transferred in
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 mail to such party at the address set forth below, and
shall be effective when actually received.
FW SC Phase II Partners, Ltd.
ATTN: Ronald N. Haynes, Jr.
17817 Davenport Road Suite 210
Suite 210
Dallas, TX 75252-5805
City of Fort Worth
ATTN: City Treasurer
1000 Throckmorton Street
Fort Worth, TX 76102
With copy to:
City of Fort Worth
ATTN: Development Coordinator
Department of Development
1000 Throckmorton
Fort Worth, TX 76102
Comerica Bank — Texas
ATTN: Kevin Crayton
Thanksgiving Tower
2"d FIOOr
1601 Elm Street
Dallas, TX 75201
Rob Banta
Liddell, Sapp, Zivley, Hill & Laboon
900 Texas Commerce Tower
2200 Ross Avenue
Dallas TX 75201
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 10 days before the
effective date of such new address.
SECTION 7. EXCLUSIVE RIGHTS AND REMEDIES.
If the Developer fails to perform its obligations under the CFA, Fort Worth's sole
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 Comerica 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" Cost; and
(c) Said Payment and Performance Bonds shall be accompanied by a written
commitment from the surety that such Payment and Performance 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, Comerica shall be authorized
(without the consent of Fort Worth to return to Developer the original Intended Security
Funds in Comerica's possession that represent or evidence the Released Collateral or
take such other action with respect to the Released Collateral as Developer may request
or direct. Developer shall pay the expenses incurred by Comerica in connection with
obtaining each such release and substitution.
SECTION 9. PERIODIC WITHDRAWAL 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 Comerica with written notice (the
"Withdrawal Notice") that Developer desires to obtain the Withdrawn
Collateral; and
(b) The balance of the Pledged Collateral after withdrawal of the Wthdrawn
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 Wthdrawal 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.
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 Comerica of any
objection, then Developer's calculation shall be deemed to have been accepted and
approved by Fort Worth and Comerica 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 (5%) 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 Complete.
If Fort Worth's calculation of the Estimated Cost to Complete is outside a 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
jointly approve an Estimated Cost to Complete and advise Comerica 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 alter the expiration of finro (2) years from the date of this Agreement either
(i) none of the Secured Obligations have been pertormed; 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
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.
Any attempted transfer or assignment shall be absolutely void and shall entitle
Developer to a release of all Pledged Collateral.
SECTION 11. NO WAIVER.
No waiver by Fort Worth of any Default shall be deemed to be a waiver of any
other subsequent Default. No delay or omission by Fort Worth in exercising any right or
power hereunder shall impair any such right or power or be construed as a waiver
thereof, nor shall any single or partial exercise of any such right or power preclude other
or further exercise thereof.
SECTION 12. BINDING EFFECT.
This Agreement shall be binding on the parties, their successors and assigns.
No provision of this Agreement may be amended, waived, or modified except pursuant
to a written instrument executed by Fort Worth, Comerica 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
constitute one and the same agreement.
� ,..
By: FW-SC Phase II Partners, Ltd.
By: Stone Creek Development Company
A Texas Corporation,
It's General Partner
- , —
By: %��)-a.. ..�-^` I � �..y�
Name: °„' ,r� /�� �
Title: ;�`� ��• ,�� —�
.� r
Date: � �� ��
CITY O FO O T, TEXAS
By:
Title: Assistant City Manager
Date:
COMERI BANK — TEXAS
By: t�
�
Title: II r
Date: �( 2��q 1
APPROVED: n ,,�
���✓
CITY OF FORT WORTH B�Rk�-�( CITY ATTORNEY
By:
Date: � �j/1 /
Gary Steinberger
Assisstant City Attorney
A�r�s�r�� �Y
�j�l"�-�✓
� � L�
�- �
SECTION 15. IDEMNITY.
Developer hereby agrees to release, hold harmless, and indemnify Comerica
(and its directors, officers, employees, agents and representatives) from and against all
claims, damages, expenses, costs, suits and other liability of any kind whatsoever that
arises out of or are directly or indirectly related to the performance by Comerica of its
duties hereunder except for the gross negligence or willful misconduct of Comerica or its
directors, officers, employees, agents or representatives.
By: FW-SC Phase II Partners, Ltd.
By: Stone Creek Development Company
, .A Texas Corporation,
' It's General Partner
- _ li �,: � , -
By: ,„�„ � '_.�
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Name: /Cd �
Title:-�7 �"' / / • i��7 —" i�
Date: �.G�%! ��j! �
CITY O FO O T, TEXAS
�
By:
Title: Assistant City Manager
Date:
COMERI BANK — TEXAS
By: (/
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Title: �%�
, Date: ��2Ti�9�
APPROVED: ��
CITY OF FORT WORTH ^��� CITY ATTORNEY
By:
Date: � �j/T �
Gary Steinberger
Assisstant City AttorneX
�ii�Si�� �Y
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SECTION 15. IDEMNITY.
Developer hereby agrees to release, hold harmless, and indemnify Comerica
(and its directors, officers, employees, agents and representatives) from and against all
claims, damages, expenses, costs, suits and other liability of any kind whatsoever that
arises out of or are directly or indirectly related to the performance by Comerica of its
duties hereunder except for the gross negligence or willful misconduct of Comerica or its
directors, officers, employees, agents or representatives.
City of For�t Wo�th, Texas
�►�Ayar And Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
��20�99 **C-17526 20STONE 1 of 2
SUBJECT COMMUNITY FACILITIES AG EEMENT WITH FW-SC PHA E II PARTNERS LTD. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR STONE CREEK ADDITION
PHASE 2B, BLOCKS H-L
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with FW-SC Phase II Partners Ltd. for the installation of community facilities for Stone
Creek Addition, Phase 2B, Blocks H-L.
DISCUSSION:
FW-SC Phase II Partners Ltd., the developer of Stone Creek Addition, Phase 2B Blocks H-L, has
executed a proposed contract for community facilities to serve a single-family (133 lots) development
located in northeast Fort Worth, south of Trinity Boulevard, between FM 157 and Euless South Main.
This development is located in COUNCIL DISTRICT 5.
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
Develoner
$201,535
149,493
7, 021
�
$42,022
-0-
840
-0-
-0-
19,511
-0-
-0-
9,881
-0-
-0-
-0-
$72,254
��rk Total
-0- $243,557
-0- 149,493
-0- 7,861
390,209
-0-
7, 804*
164,670
-0-
3,293*
III. Street Lights 42,000
Engineering and Administration 4,200
IV. Street Name Signs
TOTAL
720
$970, 945
$33,888 424,097
2, 033 2, 033
2,372 29,687
-0- 164,670
-0- -0-
-0- 13,174
-0- 42,000
-0- 4,200
-0- 720
$38,293 $1,081,492
(*) 2% Construction Inspection
City of Fort W, or�th, Texas
�
� �►�aya� And C,aunc�l C.ammun�cAt�an
DATE REFERENCE NUMBER LOG N/�ME PAGE
7/20/99 **C-17526 �OSTONE I 2 of 2
SUBJECT COMMUNITY FACILITIES AG EEMEf�T WITH FW-SC PHASE II PARTNERS LTD. FOR
THE INSTALLATION OF COMMUNITY FACILITIES FOR STONE CREEK ADDITION
PHASE 2B, BLOCKS H-L � �F�� '
, . .
.$
On August 28, 1996, the Plan Commission approve��the preliii�inary plat (PP-96-030), which noted the
dedication of approximately 4.25 acres of parkland by FW-SC, Ltd.
�
a
In accordance with the policy adopted by the City Co�Sncil°on March 28, 1997, the City will bear the cost
of all improvements including streets, water, sewer and storm drainage normally considered for cost
distribution to the frontage directly related to the park,site.
��
PLAN COMMISSION APPROVAL - On Novemb�r 25, 1998, the Plan Commission approved
application for preliminary plat (PP 98052). Final plat (FP �98094) 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 Street Improvements Fund, the Commercial P�Per-Water Fund, and the Parks and Community
Services Fund. . �
MG:k
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s;
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Submitted for City Manager's
Office by:
Mike Groomer
Originzting Department Head:
Hugo Malanga
Additional Information Contact:
Hugo Malanga
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I FUND I ACCOUNT �;� CENTER I AMOUNT
� (to) �.
I
6140 I °
7801 I (from)
IC181 541200
C115. 511010
� PW77 539140
7801 I PW77 531350
i
��80181046070
�Q20115095215
°06077154980
030770154980
a
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$38,293.00
$29,392.00
$42,022.00
$ 840.00
�
CITY SECRETARY
APPROV�D
CITY COUNCtL
JUL 20 19gg
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� Citq SecreLtry oi t�
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