HomeMy WebLinkAbout025263 - Construction-Related - Contract - Zena Development Corporationl (
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COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
Contract No. � � � � �
COUNTY OF TARRANT §
WHEREAS, Zena Development Corporation, hereinafter called "Developer",
desires to make certain improvements to Summer Creek Meadows, Phase II, an
addition to the City of Fort Worth, Texas; and
WHEREAS, the said Developer has requested the City of Fort Worth, a
municipal corporation of 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 Pat DiFonzo, its duly authorized
President and the City, acting herein by and through Mike Groomer, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
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
for
SUMMER CREEK MEADOWS PH II _
A. The City agrees to permit the Developer to let a contract for, in accordance
wiih iis accepteci 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 $ 50,685. 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 Eighty-
Four Thousand, Twenty-One Dollars ($284,021) .
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 $ 32,700. The City agrees to record the
location of each said service line in respect to the corner of the lot serv�d,
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 and Sixty-Nine Thousand, Nine Hundred Ninety-Six
��\ Dollars ($169,996).
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PROJECT NAME: SUMMER CREEK MEADOWS PH II
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 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 Developers cost
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 1-B and 1-D above, in accordance with the
provisions of the current Fort Worth City Code.
(4) A construction Inspection Fee equal to two (2%) of the Developer's
actual cost share of the construction cost (including all services) of the
water and/or sanitary sewer facilities.
G. The distribution of estimated construction cost befinreen the City and the
`� Developer, as per paragraph 1-F above, for all wate� and sanitary sewer
' facilities to be constructed hereunder is estimated as follows:
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PROJECT NAME: SUMMER CREEK MEADOWS PH II
(1) WATER FACILITIES :
Estimated **
Developer Estimated Total
Cost City Cost � Cost
(a) Mains, Within
Development $ 153,646 $63,625 $217,271
Approach $ 26,500 $40,250 $ 66,750
(b) Easements* $ -0- $ -0- $ -0-
(c) Services
109 - single 1") $ 50,685
(d)Park Participation $ -0-
Sub-Totals, Water $ 230,831
(2) SANITARY SEWER FACILITIES:
(a) Development $ 154,446
Approach $ 15,550
(b) Easements '` $ -0-
(c) Services ( 109 -4") $ 32,700
(d)Park Participation $ -0-
Sub-Totals, Sewer $ 202,696
{3) TOTAL
CONSTRUCTION COST: $ 433,527
(4) CONSTRUCTION
INSPECTlON FEE : $ 8,670
'`�o be dedicated by the developer.
** �ee Page 4 for City Cost
$ -0-
$ -0-
$103,875
$ -0-
$ -0-
$ -0-
$ -0-
$ -0-
$ -0-
$ 50,685
$ -0-
$334,706
$ 154,446
$ 15,550
$ -0-
$ 32,700
$ -0-
$ 202,696
$103,875 $ 537,402
$ 2,078 $ 10,748
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** CITY PARTICIPATION BREAK-DOWN FOR:
PROJECT NAME; SUMMER CREEK MEADOWS PH II
OVERSIZED WATER MAIN
(Developer pays up to 12" water line; City pays the difference between 16"/12"
and 24"/12" water line, gate valve and fittings) -
OFFSITE:
16"/12" Water Line ($45-$20)
850 L.F. x $25.00 = $ 21,250.00
24"/12" Water Line ($60-$20) ,
475 L.F. x $40.00 = $ 1,9,000.00 '
Subtotal $ 40,250.00
ONSITE:
16"/12" Water Line ($45-$20)
1,025 L.F. x $25.00 = $ 25,625.00
16"/12" Gate Valve ($5,000-$1,000)
4 Each x$ 4,000.00 = $ 16,000.00
24"/12" Gate Valve ($12,000-$1,000)
2 Each x $11,000.00 = $ 22,000.00
Subtotal $ 63,625.00
� TOTAL CITY PARTICIPATION FOR WATER DEPARTMENT
_ $103,875
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PROJECT NAME: SUMMER CREEK MEADOWS PH II
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: �
1. 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
I. When water facilities are installed by contract, installation of water
services will be included �s part of the contract. Installation of ineter
boxes on those services may be dane 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 1-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: SUMMER CREEK MEADOWS PH II
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the current Fort Worth City Code, (said payment to be calculated as in 1-
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 two (2) years from date hereof,
and it is understood that any obligation on the part of the City to make any
refunds with respect to water and/or sanitary sewer facilities shall cease
upon the expiration of 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 extension of
up to an additional 10 years for collection of front 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 Dev.eloper is to cover only such additional work and/or materials as
may be made necessary by conditions encountered during construction,
and shall not include any change in scope of the project.
RECOMMENDED:
/ /.
Lee C. Bradley, Jr.
Director
Water Department
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STREET AND STORM DRAIN IMPROVEMENTS
A. GENERAL PROVISIONS:
1. 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 to 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 construction. 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 and/or 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 submif
plans and specifcations 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
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
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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 reproducibfe approved plans, plotted x-sections, and specifications; and nineteen (19)
copies of the plans and 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
ninety (90) calendar days after having been instructed to do so, in writing, by the Director
of Transportation and Public Works. lt 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. Shoufd it become evident during the construction of the street improvements herein
described that subdrains are required to properly drain the subgrade, Developer agrees
to install at its own expense, such subdrains as may be required by the City Engineer.
8. 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 afl 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.
9. The Developer agrees to furnish 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.
10. In the event the Developer awards his own contract and does not desire City participa-
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tion, the Developer shall �ay 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. �
11. The City shall assume its share of the cost of the street and 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 performance 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).
12. In the event the Developer desires City participation and follows the procedure as set
forth in Section IV and V of the Policv For The Installation of Communitv Facilities, the
City's participation in the costs shall be as shown in Section II-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.
13. 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 adjusted
to equal the final costs, except that the City 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.
14. 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. �
15. Following the setting of line and grade by a private surveyor hired by the developer, the
contractor shall give 24-hour notice to the Construction Engineer so that inspection
personnel will be available. No work shall begin until the assigned inspector is present
and gives his consent to proceed.
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16. Approval by the City Engineer 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 competency of their designs and specifications. Such approval shall not be
deemed to 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.
17. 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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B. STREET IMPROVEMENTS BY DEVELOPER:
1. Developer hereby agrees and binds itse{f to:
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a. Excavate all 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 an�i 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 two 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.
i. Be responsible for grading the parkway between 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: SUMMER CREEK MEADOWS, PHASE II
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2. Cost Distribution:
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a. The City shall bear all of the excess cost of sfreet 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 fifty-two
(52) feet adjacent to zoning other than single family or duplex residential is
constructed at the City's request, the City will make the following reimbursement to
the developer upon completion of the entire length of street included in this
Community Facilities Agreement.
a. 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 fifty-two feet adjacent
to zoning other than single family or duplexes.
b. The reimbursement due to Item (1) above shall be based on unit prices actually
paid by the Developer and approved by the Transportation and Public Works
Director, except that the reimbursement for earthwork shall be established
annually based on then current costs of doing this type of work, as determined
by the City.
c. On streets abutting City park property, the City will pay 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.
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
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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 defined for designed above engineering.
f. The City shall,assume its share of the cost of the street 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 performance 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).
g. 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
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4. Estimate of Construction Cost
Item
A. INTERIOR S7REETS:
6" Lime Subgrade Preparation
Hydrated Lime for Subgrade (30#/S`�
5" Reinf. Conc. Pavement (29' B-B)
10' Std. Curb inlet (Second Stage)
15' Std. Curb inlet (Second Stage)
Barricades �
Const. Std. Street•Header
Inlet protection devices
Stormwater Management Maintenance
B. SYCAMORE SCHOOL ROAD &.
OLD GRANBURY ROAD
Roadway Paving
20" Recessed Curb Inlet (Second Stage)
Traffic Buttons
4 foot Sidewafk
Quantitv
15,900 SY
239 TON
14,950 S.Y.
4 E.A.
4 E.A.
130 L.F.
100 L.F.
10 E.A.
1 L.S.
10% Contingencies
Sub-7otal A
1,082 L.F.
4 E.A.
1 L.S.
1,082 L.F.
10°!o Contingencies
Sub-Totai B
Total A & B
City's participation due to p'roposed park site is $-0-
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
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Unit Developer City* 7otal
Price Cost Cost . Cost
$1.50
95.00
19.50
1,200.00
1,400.00
45.�0
10.00
250.00
1,000.00
$23,850 $-0-
22,705 -0-
291,525 -0-
4,800 -0-
5,600 -0-
5,850 -0-
1,000 -0-
2,500 -0-
1,000 -0-
$358,830 $-0-
35,883 -0-
$394,713 $-0-
$23,850
22,705
291,525
4,800
5,600
5,$50
1,000
2,500
1,000
$358,830
35,883
$394,713
$ 106.58 $64,067 $51,253
1,500.00 6,000 -0-
375.00 375 -0-
12.00 12,984 -0-
$83,426 $51,253
8,343 5.125
$ 91,769 $56,378
$486.482 56 378
$115,320
6,000
375
12.984
$134,679
13,468
$148,147
$542,860
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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, iri 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 twenty-five (25) feet past an outfall headwall to provide an area
for maintenance operations.
c. to provide a drainage system which is fully functional and readily maintainable.
d. to provide for storm flow resulting from a one hundred (100) year frequency storm in
accordance with City drainage design criteria. Such flow once contained in a public
drainage easement and/or right-of-way shall continue to be retained with public
easements or rights-of-way, unless approved by the City 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.
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE 11
II-9
C
2. Cqst Distribution:
❑�
a. The City shall not pay any amount in the cost of storm drainage facilities consisting of
pipe 60-inches or less in diameter, including the cost of any trench and/or channel
� excavation, manholes, inlets, lead lines, headwalls and/or any other items to
complete the system.
b. 1/Vhere pipe larger than 60 inChes is used, the City shall . pay twenty-five percent
(25%) of the difference in construction cost between a sixty inch pipe and any larger
pipe size. There will be no City participation in the cost of any trench 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 appurtenances 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-two (52) feet adjacent to any other zoning and/or use.
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
II-10
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Watershed Are�
(Acres)
up to - 1,000
1,001 - 1,500
1,501 - 2,000
2,001 - 2,500
2,50� - 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
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Citv's Participation
(% of Cost)
� 25
� 30
35
40
45
50
55
60
65
70
75
80
85
'90
95
100
0
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 evalu�te 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.
6) If the City requires a roadway width greater than those described above, one
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
II-il
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hundred percent (100%) of the additional� cost of the drainage facility necessary for
that excess width will be paid by the City of For� 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 oash, or performance 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).
The Developer shall �pay a construction inspection and materials testing fee in the
amount of two percent (2%) of the developer's share of the storm drainage construction
cost as defined above. The two percent (2%) amount shall be included with the submittal
by the developer of the performance and payment bonds or cash together with the
signed community facilities agreeme,nt to the Development Coordinator. For the
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
II-12
0 0
preparation of, a community facilities agreement, two percent (2°/a) 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 two 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 s�orm drainage 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:
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
II-13
�
4. Estimate of Construction Cost
Item
A. INTERIOR STREETS:
21" RCP
24" RCP
30" RCP
39" RCP
54" RCP
15' Standard Curb Inlet (First Stage)
10' Standard curb Inlet (First Stage)
Type 2 Manhole
5' Manhole
6' Manhole
54" Std. Headwall
36" Std. Headwall
Remove 39"' Std. Headwall
Concrete/Rock Riprap
Inlet protection devices
PVC Conduit for Street Crossings
PVC Conduit for Irrigation Crossings
Stormwater Management Maintenance
Quantitv
194 L. F.
288 L.F.
321 L.F.
38 L.F.
150 L.F.
4 E.A.
4 E.A.
1 E.A.
1 E.A.
1 E.A.
1 E.A.
1 E.A.
1 E.A.
50 S.Y.
10 E.A.
600 L.F.
150 �.F.
1 L.S.
10% Contingencies
Sub-Total A
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
�
Unit Developer City* Total
Price Cost Cost Cost
$28.00
35.00
42.00
67.00
125.00
1,800.00
1,600.00
3,500.00
3,200.00
3,800.00
2,500.00
1,500.00
500.00
50.00
250.00
8.00
7.00
1,000.00
$5,432
10,080
13,482
2,546
18,750
7,200
6,400
3,500
3,200
3,800
2,500
1,500
500
2,500
2,500
4,800
1,050
1,000
$90,740
9,074
$99,814
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
$-0-
-0-
$-0-
$5,432
10,080
13,482
2,546
18,750
7,200
6,400
3,500
3,200
3,800
2,500
1,500
' 500
2,500
2,500
4,800
1,050
1,000
$90,740
9,074
$99,814
II-14
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B. SYCAMORE SCHOOL ROAD
'&•OLD GRANBURY ROAD
Storm Drainage Facilities
20' Recessed Curb Inlet (First Stage)
1,082 L.F.
' 4 E.A.
10% Contingencies
Sub-Totai B
Total A & B
City's participation due to proposed park site is $-0-
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
•
$50.00
2,000.00
$54,100
8,000
$62,100
6.210
$68,310
$168.124
$-0-
-0-
-0-
$54,100
8,000
$62,100
-0- 6,210
$-0- $68,310
, -�0- $168.124
II-15
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D. SUMMARY OF COST:
Street Improvements
Construction �
Design (0% of
Construction Cost)
Construction Engineering and
Administration
(6% of Construction Cost)
Storm Drain Improvements
Construction
Design (0% of
Construction Cost)
Construction Engineering and
Administration
(6% of Construction Cost)
Street Light Improvements (III)
Construction
Design (0°/a of
Construction Cost)
Street Name Sign Improvements (IV)
Construction
TOTALS {THIS PROJECT)
DEVELOPER
$486,482
9,730 a
168,124
3, 362 b
44,000
720
$712,418
�
CITY
$56,378
-0-
22, 813 `
-0-
-0-
6,725 d
-0-
-0-
�iE
$ 85,916
TOTAL
$542,860
-0-
32, 543
168,124
-0-
10, 087
44,000
-0-
720
$798.334
*The sum of $ 712.418 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.
**Include $-0- (including 2% of the other's share of the estimated construction cost) to be
assessed against other property owners.
tEncompasse's extraordinary survey work, preparation of right-of-way maps and descriptions, and
soils testing, if necessary.
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
II-16
�
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City's participation due to facilities constructed adjacent to City Park is:
Streets $ -0- ; Storm Drains $ -0-
a,b Represents two 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. .
Recommended
�� �
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��J o Malanga, P.E., Director �,, �'lZ��y
Tfansportation and Public Works
Date
Based on Policy Revised
September, 1992
CFA Code: 99029
CONTRACT FOR: SUMMER CREEK MEADOWS, PHASE II
II-17
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E. STREET LIGHTS:
1. STREET LIGHT COST ESTIMATE
INTERSECTIONS
MID-BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID-BLOCK COLLECTOR
MID-BLOCK ARTERIAL
MID-BLOCK ARTERIAL MEDIAN
RELOCATE EXISTING LIGHT
Summer Creek Meadows
Phase 2
For�i�Torth, Texas
� �
QUANTITY UNIT COST
8 EA $ 2,000
11 EA $ 2,000
1 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,500
0 EA $ 1500
$ --0--
Subtotal $40,000.00
City's Cost $ ---0---
Developer's Subtotal $40,000.00
10% Contingencies $ 4,000.00
Project Total $ 44,000.00
Developer�s Cost $ 44,000.00
April 14, 1999
III- 1
TOTAL COST
$ 16,000
$ 22,000
$ 2,000
$ --0--
$ --0—
$ --0--
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2. STREET LIGHTS WORK DESCRIPTION:
l. Streetlights on residential and /or collector streets can be
installed using overhead or underground conductors with the approval
of the streetlight Engineer.
2. Streetlights on arterial streets shall be installed with�underground
conduit and conductors.
3. The Developer shall provide for the installation of a}.1/,-inch
schedule 40 PVC conduit at a depth not less than 30 inches and at
least 18-inch behind the curb, "clear from all other utilities".
4. The Developer shall provide for the installation of a 1%-inch
schedule 40 PVC conduit between streetlights proposed for
installation and the power source to become operational.
5. A 3-inch schedule 80 PVC conduit is required when crossing streets
at a depth not less than 30 inches, unless indicated otherwise on
the plans concrete pull boxes shall be, provided at the crossing
points. �
6. Luminaire ballast shall be r�ted for multitap operation and each
luminaire shall have it's own photocell.
.�\
III- 2
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IV
STRE�T 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:
Creek Meadow Drive and Sycamore School Road
Creek Meadow Drive and Sweet Meadows Drive
Sweet Meadows Drive and Summer�Meadows Drive � "
Sweet Meadows Drive and Sweet Meadows Drive
Sweet Meadows Drive and Meadowland Lane
Meadowland Lane and Summer Meadows Drive
Summer Meadows Drive and Water Meadows Drive
Summer Meadows Drive and Rolling Meadows Drive
Granbury Road and Summer Meadows Drive
0
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 un�il the street name signs are to be installed.
If the Developer elects to wa,it, 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 r�main
the property of, and will be maintained by, the City.
SUt��R CREEK MEADOWS
PHASE II
Fort Worth, Texas
April 15, 1999
IV-1
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V
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the developer shall
employ a civil engineer, licensed to practice in the State of Texas, for the
design and preparation of plans and specifications for the construction of all
facilities covered by this contract, subject to Paragraph B.
B. For any projec't estimated to cost less than "S 1�0,000 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 Citjr 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 15 prints and 35 specifications for each facility
shall be furnished the department having jurisdiction. It is agreed and
understood that in the event of any disagreement on the plans and
specifications, the decision of the Transportation/Public Works Department
Director, and/or Water Department Director will be final.
D. It is further agreed and understood by the parties hereto that upon acceptance
by the City, title to all facilities and improvements mentioned hereinabove shall
be vested at all times in the City of Fort Worth, and developer hereby
relinquishes any right, title, or interest in and to said facilities or any part
hereof.
E. Work hereunder shall be completed within two (2? years from date hereof, and
it is understood that any obligation on the part of the City to make any
obligation on the part of the City to make any refunds with respect to water
and/or sanitary sewer facilities 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
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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
Faciiities Contract that any of the facilities or requirements included iri� 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 Liaht and Street Name Sian 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
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
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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
wa��r and sanitary sewer faciiities. �
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%j 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
shall be deposited, in the amount of one hundred percent (100%)
of the estimated cost of construction, as stated in the
construction contract, is required prior to issuance of a work order
by the City.
4. 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
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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 tor a surety company to be acceptable, the riame of
the surety shall be included on the current U.S. Treasury list
of acceptable sureties, and the amount of bond written by
any one acceptable company shall not exceed the amount
shown on the Treasury list for that company.
b. Cash Deaosits: 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.
(1) At such time that the contract is bid for projects other than
assessment projects, the cash deposit shall be adjusted to
one hundred twenty five percent (125%j of the actual bid
price. No contract shall be awarded and no work order shall
be issued until such adjustment is made.
(2) When a cash deposit is made, the additional twenty-five
percent (25%) beyond the one hundred percent (100%) of
the estimated developer's share represents additional funds
for change orders during the course of the project. This
twenty five percent (25%) shall be considered the
developer's change order fund.
(3) If the developer makes a cash deposit with the City, the
developer may make timely withdrawals � from the cash
� funds in order to pay the contractor and/or subcontractor
�, based on amount of construction work completed as
approved and' verified by the City Engineer or authorized
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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 $400,000, such release of security shall equal the
percentage of work completed for that period multiplied by
ninetjr percent (90%). This'percentage shall then be appliecl
to the actual current total contract cost to determine the
amount of security that may be reduced upon request of
developer. The remaining security, five percent (5%) for
projects of $400,000 or greater and ten percent (10%) for
projects less than $400,000 together with the �emaining
funds from the Developer's Change Order Fund, if any, will
be released to the developer after the project has been
accepted by the City. Partial release of funds shall be
limited to once per month. There shall be no partial release
of funds for projects of less than $25,000. Proof that the
developer has paid the contractor shall be required for partial
releases. �
5. Puraose, Term and Renewal of Guarantees:
a. Performance ar�d 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 tMis agreement, including, but not limited to, the
satisfactory completion of the improvements prescribed herein,
and the making of payments to any person, firm, corporation or
other entity with whom the developer has a direct contractual
relationship for the performance of work hereunder.
b. Developer shall keep said performance and payment bonds, and/or
cash deposits in full force and effect until such time as developer
has fully complied with the terms and conditions of this
�, agreement, and failure to keep same in force and effect shall
constitute a default and breach of this agreement.
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representative. For projects whose actual total contract
cost is $400,000 or greater, . such release of security shall
. equal the percentage of work completed for that period
multiplied by ninety-five percent (95%). This percentage
shall be applied to the actual current total contract cost to
determine the amount that may be reduced upon request of
developer. For projects whose actual total contract cost is
less than $400,000, such release of security shall equal the
percentage of work completed for that period multiplied by
� ninety percent (90%). This'percentage shall then be applied
to the actual current total contract cost to determine the
amount of security that may be reduced upon request of
developer. The remaining security, �five percent (5%) for
projects of 5400,000 or greater and ten percent (10%) for
projects less than $400,000 together with the remaining
funds from the Developer's Change Order Fund, if any, will
be released to the developer after the project has been
accepted by the City. Partial release of funds shall be
limited to once per month. There shall be no partial release
of funds for projects of less than 525,000. Proof that the
developer has paid the contractor shall be required for partial
releases.
5. Purpose, Term and Renewal of Guarantees:
a. Performance and payment bonds, and cash deposits furnished
hereunder shall be for the purposes of guaranteeing satisfactory
compliance by the developer with all requirements, terms and
conditions of this agreement, including, but not limited to, the
satisfactory completion o'F 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 perforr�ance of work hereunder.
I
b. Developer shall keep said performance and payment bonds, and/or
cash deposits in full force and effect until such time as developer
has fully complied with the terms and conditions of this
��, agreement, and failure to keep same in force and effect shall
constitute a default and breach of this agreement.
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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 ail r'acilities inciuded in this agreement for which`the developer awards its
own construction contract, the develpper 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
construction of public work. This includes advertising in a local
newspaper at least twice in one or more newspapers of general
circulation in the county or counties in which the work is to be
performed. The second publication must be on or before the tenth
(10th1 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
V-6
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personnel will be availabie; and to require the contractor to allow the
construction to be subjec�t to inspection at any and all times by City
inspection forces, and not to install any sanitary sewer, storm drain, or
water pipe unless a responsible City inspector is present and gives his
consent to proceed, and to make such laboratory tests of materials
being used as may be required by the City.
5. To secure approval by the Director of the Department having jurisdiction
of any and all partial and final payments to the contractor. Said
approvai shall be subject to and in accordance with requirements of this
agreement, and is not to constitute approval of the quantities of which
payment is based. �
6. To delay connections of buildings to service lines of sewer and water
mains constructed under this contract until said sewer and water mains
and service lines have been completed to the satisfaction of the Water
Department.
7. It is expressly understood by and between the developer and the City of
Fort Worth, that in the event the developer elects to award one single
construction contract for storm drainage and pavement, said contract
shall be separated in the bidding and City participation, if any, shall be
limited to the lowest possible combination of bids as if each of the
above were awarded as separate contracts.
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 wr.iting 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
V-7
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particular Paragraph V-F hereof.
2. Irrespective of any such election and whether the work is to be
performed by the City, or by its contractor or by the developer through
its contractor, the developer covenants and 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 tliat the work be performed by the City, or �by -tlie
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 and IV hereof,
based upon the lowest responsive bid for such work, as determined by
City, or upon a cost estimated to be performed by City forces prepared
by the City, as appropriate, and shall be subject to adjustment to actual
costs upon final completion of the subject work. Such estimated
payment shall be made promptly upon demand by City, it being
understood that such payment will be made after the receipt of bids for
� work, but in every case prior to the award of any construction contract,
unless otherwise specifically set out herein.
4. Developer further covenants and agrees to, and by these presents does
hereby fully indemnify, hold harmless and defend the City, its officers,
agents and employees from and against any and all claims, suits or
causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or
property, including death, resulting from, or in any way connected with,
this agreement or the construction of the improvements or facilities
described herein, whether or not causes, on whole or in part, by the
negligence of officers, agents, 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
injuries or damages to persons or property, including death, resulting
��, from any failure to properly safeguard the work or an account of any
act, intentional or otherwise, neglect or misconduct of the developer, its
�
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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, nationai 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 and C, and Location Map
are made a part hereof for all intents and purposes.
K. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
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 Develo er
has executed this instrument in quadruplicate, at Fort Worth, Texas this the o23��ay
of 19 �.
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V-9
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ATTEST:
, GLORIA PEARSON �
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
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Gary J. S 'nberger
Assistant City Attorney
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C;ont.ract Authorization
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CITY OF FO T W H, TEXAS
BY. � -
Mike Groomer `�
Assistant City Manager
DEVELOPER: �
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COMPLETION AGREEMENT
. This Completion A�reement (hereinafter called the "Agreement") is made and entered
' into by and amonj the City of Fort Worth (hereinafter called the "City"), Summer Creek
Meadows LP, by Zena Development Corporation, (hereinafter called the "Developer"),
a�1d Compass Bank (hereinafter called the "Lender"), effective as of July 27, 1999. The
City, the Developar and the Lender are hereinafter collectively called the "Parties".
'�VIT`'ESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains '
appro:cimately 26.63 acres and 5.5 acres totaling 32.13 acres located in the City, the legal
description of which tract of real property is marked Exhibit A(Legal Description);
attached hereto and incorporated herein for all purposes (�vhich tract of real property is
hereinafter called Summer Creek Meadows Phase II), and
WHEREAS, the Developer intends to develop Summer Creek Meadows Phase II as an
addition to the City; and �
WHEREAS, the Developer and the City have entered into a Community Facilities
A�reement relating to the development of Summer Creek Meadows Phase II (Hereinafter
called the "CFA"); and
WHEREAS, the City has required certain assurances of the availability of funds to
complete the streets, street signs and lights, and the water and sewer utilities for the
development of Summer Creek Meadows Phase II (herein collectively called the
"Community Facilities"), and
WHEREAS, in order to provide such assurances as have been required by the City, the
Lender has agreed to advance certain funds to the ci�ty for Hard Costs (which term is
hereinafter defined) subject to, and in accordance �vith, the terms, provisions and
conditions of this Agreement; and �
�VHEREAS, the Developer has gran�ed to the Lender as additional security for the Loan
(which term is hereinafter defined) a security interest in all plans and specifications for
the development of Summer Creek Meadotivs Phase •II, (hereinafter collectively called the
"Plans"); and
. . oo � �o
�
WHEREAS, the Parties desire to set forth the terms and conditions of such
accommodations as are described above
NO�V THEREFORE, for and in consideration of the benefits to be derived from the
mutual observance by the parties of the terms and conditions hereof, and for and in
consideration of Ten Dollars (�10.00) and other good and valuable consideration, the
receipt, adequacy and stifficiency of which are hereby acl:no�vledged, the Parties a�ree as
follows:
1. Recit�als: The fore?oin� recitals are true, correct and complete and constitute the
basis for this Agreement and they are incorporated into this Agreement for all •
purposes.
2. The Completion Agreement The City and the Developer a�ree that the Hard
Costs required to complete the community Facilities in the aggregate should not
exceed the sum of Nine Hundred Eighty Nine Thousand One Hundred Forty
Three Dollars ($989,143.00) (hereinafter called the "Gompletion Amount").
Notwithstandin� the fore�oin�, it is acknowledged that the actual costs of
completion of the Community Facilities rnay vary as a result of change orders
a�reed to by the Parties, but such variances for the purposes of this �Agreement
shall not affect the Completion Amount as used herein.
3. Adjustments to the Completion Amount. The Lender will from time to time
make advances to the Developer for the development of Summer Creek Meadows
Phase II under the development loan that has been made by the Lender to the
Developer for the purpose of financing the costs of constructing the Community
Facilities of Summer Creek Meado�vs Phase II hereinafter called the "Loan"
subject to, and in accordance with, the ternis, conditions and provisions of the
Loan documents (which term is hereinafter defined) evidencing and securin� the
Loan. Some of those advances shall be for Hard Costs as specifed in the
"Approved BudgeY' relatin� to the Loan, a copy of which Approved Bud;et is
marked Exhibit B, attached hereto and incorporated herein for all purposes, with
the Hard Costs (r.vhich terni is hereinafter defined) line items highlighted. The
tenn "Hard Costs" shall mean the actual costs of constniction and installation of
the Community Facilities. To the extent that advances under the Loan are for the
2
�O �O
payment of Hard Costs, the Completion Amount shall be deemed reduced, dollar
for dollar. The Lender may �vithhold statutory retainage from any advances under
. the Loan or pursuant to this Agreement. All such retainage withheld, to the extent
it is attributable to Hard Costs, shall also reduce the Completion Amount dollar
for dollar. All retainage withheld by the Lender for Hard costs that are advanced
to the City pursuant to this Agreement shall be released to the City as provided in
the Texas Property Code upon expiration of the statutory retainage period. To
keep the City advised of the Hard Costs, the Developer shall promptly deliver to
the City those portions of all draw requests delivered to the Lender which contain
requests for the payment of Hard Costs and such draw requests shall itemize Hard
costs in such form and detail as shall be reasonably acceptable to the Lender and �
the City. Upon approval of the Lender of any draw request containing requests for
Hard Costs to be advanced to the Developer, the Lender shall give �notice to the
City setting forth the amount of any hard costs to be advanced (the "Funding
Notice"). The City will be deemed to have approved the pxoposed advance of
Hard Costs by the Lender, unless it so notifies in writing Lender that it objects to
such advancements of Hard Costs by the Lender, the City will have its own
inspector examine and evaluate the construction; then the Lender and the City
shall cause their respective inspectors or consultants to cooperate and shall use
their best reasonable efforts to settle any dispute over the appropriaYeness of any
advance in Hard Costs. The Developer ackno�vledges that the Lender's obligation
to fund advances under the Loan within a specified time frame shall be deemed
waived by the Developer if the City and the Lender are in dispute with respect to
any requested advance. If �any such dispute is not resolved promptly, the two
consultants shall agree within five (5) business days on a qualified third party to
resolve the dispute�whose decision shall be final and binding on all parties and
shall be rendered �vithin five (5) business days of such consultant's selection. Any
delay occasioned by any such dispute shall extend the Completion Date by such
period of time.
4. Completion by the Developer. The Developer agrees to complete the
Community Facilities on or before the date for completion that is established in
7
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accordance with the CFA, the ,plans are approved by the Lender and the City and
all documents evidencing or securin� the Loan (which documents are hereinafter
. collectively called the "Loan Documents"). For the purpose of this agreement, the
! development of Summer Creek Meadows Phase II shall be deemed complete
upon acceptance by the City of the Community Facilities. The City shall promptly
notify the Lender and the Developer upon such acceptance.
5. Completion by the City. In�the event that either: (A) the development of Summer
Creek Meadows Phase II in not completed by the Completion Date for any reason
�vhatsoever, or (B) the Developer is in default under the Loan and the Lend`er '
notiiies the City that the Developer in default, at the Lender's sole option,
requests the City to complete development, whichaver shall first occur, then, the
City may, at the cost and expense of the developer, commence, pursue and
complete the installation of the Community Facilities in a reasonable timely,
dili�ent and workmanlike manner in accordance with the plans, �subject to the
terms of this agreement. The Lender and the Developer a;ree that the City may
use the plans as necessary to complete the Community Facilities. Prior to
commencement of any work by the Lender naming the Lender and Developer as
additional insureds.
6. Advance of Completion Costs to the City and Delivery of Hard Costs
Collateral to the City. Upon the occurrence of either event described in
paragraph 5 above, if the City elects within ten (10) business. days of the
completion date or notice from the Lender, as the case may be, to complete the
constniction of the Community Facilities, the Lender shall therefore advance to
the City any undistributed Hard Costs specified in the approved budaet relatin� to
the Loan that are incurred by the City in completinj the Community Facilities in
an aggregate sum not to exceed the completion amount, as adjusted, by funding
monthly draws to the City as described herein.
The developer hereby authorizes and instnicts the Lender to make periodic
advances of any remaining undistributed Hard Costs specified in the approved
budget not to exceed the Completion Amount in increments paid to the City
within the same time period specified in the � Loan Documents after receipt of
4
. oo �o
advance requests meeting the requirements of the Loan Documents of the City of
the Hard Cpsts remaining to be dra�vn under the Loan as specified in the
. Approved Budget incurred by it and approved by the�Lender, subject to retainage.
" The advance requests from the City shall be made not more frequently than
-monthly (save and except for final payment) and shall be accompanied by
reasonable acceptable evidence of the Hard Costs specified in the Approved �
Budget that have been incurred by the City. The City shall use the funds advanced
for the payment of such Hard Costs as described in the advance request, and if the
City fails to do so, the Lenders obligation to fund additional advances shall '
thereafter be terminated and of no continuing force and/or effect. The City shall
provide mechanics and materialmen's releases as may be reasonably requested by ��
the Lender. Upon request of the City, the Lender may pay such advances directly
to the sup'pliers and contractors described in the advance request.
If the City does not timely e.lect to complete the construction of the Community
Facilities, then the Lender may at its election terminate this agreement, and at its
option, proceed to complete the Community Facilities, foreclosure on any of its
collateral, or take any and all such action as may be provided under the Loan
Documents.
7. Completion by the Lender. The Lender may, at its discretion, but shall not be
obligated to, undertake to complete the Community Facilities if there is any
default under any Loan Documents in lieu of requesting the City to complete the
Community Facilities. In such event, hotivever, the Lender must complete the
Community Facilities by the completion date or the City shall complete the same
as provided above. If the Lender elects to complete the Community Facilities, any
Hard Costs it expects shall, dollar for dollar, reduce the completion amount.
8. Easements. In the event that the City or the Lender undertakes the completion of
the Community Facilities, the Developer (and to the extent necessary the Lender)
grants to the City and the Lender open access to Summer Creek Meado�vs Phase
II for the purpose access and use for the completion of the construction of the
Conununity facilities in accordance �vith this agreement. To the extent requested
by the City and Lender, written temporary construction easements in form
5
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acceptable to the City and Lender shall be executed by the Developer and filled of
record. Nothing in this paragraph shall reduce any ri�hts of the Lender or
. obligations of the developer under the Loan documents.
� 9. Lenders Rights. Nothing in this a�reement shall effect any portion of the Lenders
collateral for the Loan or limit or impair the Lenders right to foreclose the same or
deal with the collateral as it elects in accordance �vith the Loan Documents.
10. Satisfaction of the City Requirements. The City agrees that the assurances and
covenants contained in this agreement satisfy all requirements of the City with
respect to payment and performance bonds or other requirements for security in '
connection with the development Summer Creek Meado�vs Phase II and the
completion of the Community Facilities that are contained in the CFA or in any ��
other a;reement relatin� thereto, and the City hereby accepts the assurances and
covenants contained herein in lieu thereo£ To the extent the CFA irreconcilably
conflicts with this agreement, the provisions of this Agreement shall control.
11. Termivation. This Agreement shall terminate upon the earlier to occur of the
following: (A) acceptance by the City of the Community Facilities; (B)
mutual written agreement of all of the parties; or (C) the reduction of the
Completion Amount to Zero.
12. Final Plat. The parties acknowledge and a;ree that the City shall hold the Final
Plat of Summer Creek Meadows Phase II until the Community Facilities are
substantially complete and Hard Cost contractors have been paid, less retaina;e.
Upon receipt and acceptance by the City of evidence of substantial completion
and the payment by the Developer of all Hard Costs contractors, the City shall
immediately file the Final Plat of Summer Creek Meadows Phase II in the Tarrant
County Plat Records. The purpose of the City retaining the Final Plat of Summer
Creek Meadows Phase II as prescribed herein is to guarantee the Developers
obligations under the CFA.
13. Construction Contracts. The Developer agrees to include in all construction
contracts that it enters into for the completion of the Community Facilities the
following:
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(A) A statement that the City is not holding any security to guaranty
payment for work performed on the Community Facilities;
(B) A statement that Summer Creek Meado�vs Phase II is private
property and that same may be subject to mechanic's and
materialmen's liens;
(C) A requirement that the contractor release the City from any claim
that is related to any work on Summer Creek Meadows Phase II
and;
(D) A requirement that the contractor include in its subcontracts the '
statements contained in (A), (B) and (C) above.
14. Miscellaneous.
(A) 1V'on-Assignment of Agreement. This agreement may not be
assi�ned by any of the parties without the prior written consent of
all other parties.
(B) Notice. Any notice required or permitted to be delivered under this
Agreement shall be deemed received on actual receipt by the
appropriate party at the following addresses;
T. ' Notice to City shall be addressed and delivered as follows:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Raquel Velasquez,
Administrative Assistant ,
Telecopy Number: 817-871-790�
Confirmation Number: 81�7-871-8092
�Vith a copy thereof addresses and delivered as follows:
City of Fort Worth '
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Gary Steinberger, Esq.
Assistant City Attorney
Telecopy I`Tumber: 817-871-8359
Confirmation Number: 817-871-7600
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II. Notice to Developer shall be addressed and delivered as follows:
, Summer Creek Meadows LP
�, By: Zena Develo;pment Corporation
1223 Ira E. Woods Ave.
Grapevine, Texas 76051
P.O. Bos 92864
Southlake, Texas 76092
Attention: C. Pat DiFonzo, President
Telecopy Number: 817-421•6910
Confirmation Number: 817-424-1392
III. Notice to Lender shall be addressed and delivered as follows:
Compass Bank
3640 North Josey Lane
Carrollton, Texas 7�007
Attention: Steve Eberhardt
Telecopy Number: 972-394-9249
Confirmation Number: 972-705-4557
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. A party may chan�e its address for notice upon prior written notice to the other parties
' pursuant to the terms hereof.
(C) Texas La�v to Apnlv This Agreement shall be construed under
and in accordance with the laws of the State of Texas.
(D) Parties Bound This Agreement shall be binding upon and inure to
the benefit of the Parties and their respective legal representatives,
successors and assi�ns. '
(E) Le�al Construction In case any one or more of the provisions
contained in this Agreement shall for any reason is held to �be �
invalid, illegal, or unenforceable in any respect, such invalidity,�
illegality, or unenforceability shall not affect any other provision of
this Agreement, and this Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been
contained in this Agreement.
(F) Prior Aareements Superseded This Agreement constitutes the
� sole and only ajreement of the Parties with respect to the subject
matter hereof and supersedes any prior understandings or �vritten
or oral a;reements amon� the Parties concerning the subject matter
hereof; provided, however, that this Agreement shall not
supersede, amend or modify any of the Loan Documents or any
portion thereof.
(G) Amendment This Agreement may only be amended by a written
instrument executed by all of the Parties to this Agreement.
(H) Headinas The headin�s that are used in this Agreement are used
for reference and convenience purposes only and do not constitute
substantive matters to be considered in construing the terms and
provisions of this Agreement.
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. Executed by the Parties to be effective as of the date first stated above.
APPROVED AS TO FOR1V1 AND LEGALITY
By: '� ��
Name: � � i�'i����s�_
Title: �T � �`�- ��
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THE CITY OF FORT RTH
By. �
Name: �
Title:
Summer Creek Meadows LP
By: Zena Development Corporation, a Texas
corporation, Xts General Pa er
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By:
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C.Pat DiFonzo, Presid nt ��
Com ass
By:
Name: ��1�� �,.C/1�
Title: �/ ��-� j ��/ r�
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. Summer Creek Meadows LP, by Zena Development Corporation, general partner, the
` Guarantor of the Development Loan, is executing this Completion Agreement for the sole,
purpose of acknowledging that advances that are made by the Lender pursuant to this
Completion Agreement shall be deemed to be advances that are made under the Loan
which shall be subject to and covered by the Loan Documents and the Guaranty
Agreement that was executed by Summer Creek Meadows LP, by Zena Development
Corporation, general partner.
Summer Creek Meadows LP
By: Zena Development Corporation, a Texas
corporation, its Ge ral Partner
/ �
By: /�� � /
` C.Pat DiFonzo,�sident
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LIST OF EXHIBITS TO THE �COiVIPLETION AGREEMEI�'T
BY AND AMONG THE CiTY OF FORT '�VORTH
SUMIVIER CREEK MEADOWS LP
AND COl��PASS BANK
EXHIBIT A Legal Description
EXHIBIT B Approved Budget
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PROPERTY DESCRIPTION
Being a 5.462 acre tract of land situated in the J. VAN LENT SURVEY, ABSTRACT N0. 1871 and the T. &
P. R.R. COMPANY SURVEY, ABSTRACT N0. 1576, and being a portion of that tract of land described in
deed to Summer Creek Meadows LP and recorded in Volume 12806, Pagc 454, Oeed Reeords, Tarrant
County, Texas, sald 5.462 acre tract of land being more particularly descrfbed by metes and bounds os
follows:
BEGINNING at a 5/8 inch iron rod found for the northeast corner of Lot 1, Block 6, Summer Creek
Meadows, Phase II, an oddition to the City of Fort Worth according to the plat recorded in Cabinet A,
Slide XXXX, Plat Records, Tarrant County, Texas;
7HENCE S89'39'02'W, olong the north line of Lot 1, Block 6, said Summer Craek Meadows, Phase II, a
distance of 170.00 feet tb o 5/8 inch iron rod found in the west right—of—way line of Summer Meadows
Driva (50' public right—of—way);
TNENCE S00'20'58'E, along the west rlght—of—way Itne of sald Summer Meadows Drive, a dtstance of
34.51 feet to a 5/8 inch iron rod found for tha northeast corner o( Lot 14, Block 4, said Summer Creek
Meodows, Phase II;
THENCE S89'39'02'W, along the north line of L'ot 14, Block 4, said Summer Creek Meodows, Phose II, a
distance of 120.00 feet to a 5/8 inch iron rod found for the northwest corner of said Lot 14;
'fHENCE N00'20'S8"W, a distance of 375.08 feet to a 5/8 inch iron rod set for corner;
THENCE S89'11'35"W, a distance of 39.60 feet to a 5/8 inch iron rod set for corner;
THENCE N00'48'25�W, o distance of 155.00 feet to a 5/8 inch iron rod set for comer,
7HENCE N89'it'35"E, a d(stance of 40.00 feet to a 5/8 inch Iron rod set for corner;
THENCE N00'48�25"W, a distance of 179.30 feet to a 5/8 inch iron rod set for comer.
THENCE N06'10'31"W, a distance of 52.02 feet to a 5/8 Inch Iron rod found for the southwest corner of
Lot 19, Block 8, said Summer Creek Meadows, Phose II; '
THENCE N64'45�10"E, along the south line of Lot 19, Block 8, soid Summer Creek Meadows, Phose II, a
distonce of 115.00 feet to a 5/8 inch iron rod found for the south�ast corner of said Lot 19, in the west
right=of—way line ot Summer Meodows Drive (50' public right—of—way) and being o� a curve to the right
having a radius of 250.00 faet and whose long chord bears S24'02�27"E, a distance of 10.54 feet;
THENCE along soid curve to the right ond the west right—of—way line of said Summer Meadows Driva,
through a central angle of 02'24'S8", an arc length of 10.54 feet to a 5/8 Inch Iron rod found for
corner at the end of safd curve;
7HENCE N67'10'OS"E, leaving the west right—of—way line of said Summer Meadows Drive, a distance of
123.34 feet to a 5/8 (nch tron rod found for the southeast comer of Lot 15 and the southwest comer
of Lot 16,• Biock' 6, said Summer Creek Meadows;
THENCE N89'11'35"E, along the south line of Lot 16 and Lot 17, Block 6, soid Summer Creek Meadows,
Phose II, a dista�ce of 75.04 feet to a 5/8 inch iron rod found for corner,
THENCE S00'20'S8'E, a distance of 813.13 feet to the POINT OF BEGINNING and containing 237,908
square feet or 5.462 acres of land;
SHEET 1 OF 1
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SUMMER CREEK MEADOWS - PHASE 2& 3
Tarrant County, Texas
A__p�oved Buds��et
SUMMARY BY CATEGORY
SOFT COSTS:
LOAN ORIGINATION FEE
LEGAL & CLOSING FEES
APPRAISAL & ENVIRONMENTAL
BANK LOAN INTEREST
CONTENGENCIES
Soft Costs Total
HARD COSTS: "
SITE CLEARING & EXCAVATION
WATER MAINS
SANITARY SEWER MAINS
STORM DRAINAGE
PAVING
RETAIINING WALLS
ENGINEERING/BLUEPRINTS/SURVEYING
SOIL TESTS
07/26/1999, 5:38 PM
FENCES & WALLS/LANDSCAPE/IRRIC�ATION
LOT BENCHING
CITY & CONSTRUCTION FEES
CONTINGENCIES
Hard Costs Total
TOTAL
$22,000.00
$40,000.00
$4,000.00
$124,000.00
$100,000.00
$290,000.00
$240,000.00
$362,500.00
$262,500.00
$145,000.00
$410,000.00
$50,000.00
$145,000.00
�30,000.00
�50,000.00
$30,000.00
$125,000.00
$100,000.00
$1,950,000.00
$2,240,000.00
City of Fort Worth, Texas
.�1✓�Ayar And C,aunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
$�24�99 C-17616 201NSTALL 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH ZENA DEVELOPMENT CORPORATION
FOR THE INSTALLATION OF COMMUNITY FACILITIES FOR SUMMER CREEK
MEADOWS PHASE II
RECOMMENDATION:
It is recommended that the City Councif authorize the City Manager to execute a Community Facilities
Agreement with Zena Development Corporation for the installation of community facilities for Summer
Creek Meadows Phase II.
DISCUSSION:
Zena Development Corporation, the developer of Summer Creek Meadows Phase II, has executed a
proposed contract for community facilities to serve a single-family development (109 lots) located east
of Old Granbury Road, northwest of Sycamore School Road, and south of Altamesa Boulevard. This
development is located in COUNCIL DISTRICT 6.
This Community Facilities Agreement is in compliance with standard City policy. This project will
require the construction of sidewalks abutting Sycamore Road and Old Granbury Road.
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
Developer
$ 230,831
202,696
8,670
$ 486,482
-0--0-
9,730*
$ 168,124
-0-
3,362'
$ 44,000
C itv
$103,875
-0-
2,078
Total
$ 334,706
202,696
10,748
III. Street Lights
IV. Street Name Signs
TOTAL
(*) 2% Construction Inspection
$ 56,378
-0-
22,813
-0-
-0-
6,725
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$ 542,860
32,543
$ 168,124
-0-
10,087
44,000
720 -0- 720
$1,154,615 $191,869 $1,346,484
PLAN COMMISSION APPROVAL - On April 23, 1997, thp Plan Commission approved application for
Preliminary Plat (PP 97012). Final Plat (FP 99020) has been submitted to City staff for review.
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� City of Fort Worth, Texas I�
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DATE REFERF��ICE NUMBER LOG NAME � PAGE
$�24�99 u� C-17616 I 20lNSTAL'�L I 2 of 2
SUBJECT ��' COMM � NITY FACILITIES AGREEMENT WITH ZENA D�VELOPMENT CORPORATION
FOR E INSTALLATION OF COMMUNITY FACILI� IES FOR SUMMER CREEK
MEADC�WS PHASE II �
FISCAL INFORMATI�N/CERTIFICATION: II
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The Finance Director�� ertifies that funds are available in the current capital budgets, as appropriated, of
the'Street�lmproveme;�its Fund and the Commercial Paper-Water Fund.
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Submitted for City Manager'S!
Office by: "':
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Mike Groomer i'
Originating Department Head:
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Hugo Malanga
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Additional Information Cont��t:
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Hugo M'alanga ��
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I FUND I ACCOUNT I CENTER
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6140 I
I AMOUNT
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$ 5�,�378.00
$ 2�p538.00
$10 �,875.00
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CITY SECRETARY
7801 � (from)
C115 541200
C115 541200
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020115095215
060770155370
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