HomeMy WebLinkAbout025485 - Construction-Related - Contract - Metro Investment Group. .
�
�
t .
� , �
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary ,�
�y��
Contract No. � �
COUNTY OFTARRANT §
WHEREAS, Metro Investment Group, A Texas General Partnership, hereinafter
called "Developer", desires to make certain improvements to Stone Manor, 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 Bryan Mitchell, its duly authorized
Managing Partner and the City, acting herein by and through Mike Groomer, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
agreements herein performed and to be performed, do hereby covenant and agree as
follows, to-wit:
\
,,,
uf���C�BI�� �[�C�G� ��
�6�7 ���Q�Q�
G�, ���, �,
1
� �
9
�
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 ins#all or cause to have installed, the street and storm
drainage facilities improvements shown on the attachetl Exhibits "B" and "B-1 ",
respectively, in accordance with plans and specifcations 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 constnaction costs and a one
year Maintenance Bond, for the constructed streets. The Developer also agrees that no
street construction shall begin prior to the City Council's approval of this Community
Facilities Agreement, in accordance with Section 104.100 of City Ordinance No. 7234.
4. Except where specifically stated otherwise in this contract, the Developer hereby agrees
and binds itself to provide all necessary right-of-ways andlor easements required to
construct the street improvements including any drainage outfall, in lengths, widths, and
locations as approved by the City Engineer.
5. Unless the City is to prepare plans and specifications for a separate project of estimated
value less than $10,000 as requested by the Developer, the Developer agrees to submit
plans and specifications prepared by an approved Professional Engineer, registered in
`�
.
CONTRACT FOR: STONE MANOR ADDITION
II-1
s
� �
< � < �
the State of Texas, proficient in Civil Engineering, for the improvements required under
this agreement. Such plans shall be in compliance with the policies, ordinances, and
rules of the City of Fort Worth, and are subject to approval by the City Engineer. After
said plans are approved as witnessed by the signatures of the City Engineer and of the
Deputy Director of the Water Department, the Engineer shall provide the City one (1)
set of reproducible approved plans, plotted x-sections, and specifications; and nineteen
(19) copies of the plans and 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. It is understood that the Developer will
initiate the construction of all improvements to conform with his own schedule, except
for those improvements which the Transportation and Public Works Director deems
necessary for the proper and orderly development of the area. In the event Developer
fails to carry out any such instructions within the 90-day period, the Developer gives the
City the right to award a contract for the improvements in question, and agrees to pay to
the City prior #o the award of the contract, the amount of the low bid.
7. Should 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 all earthwork to be done in accordance with the City of Fort Worth Standard
Specifications to the satisfaction and approval of the City Engineer or his representative.
The developer also agrees that no street or storm drain construction shall begin prior to
the City Council's approval of this Community Facilities Agreement in accordance with
Section 104.100 of City Ordinance No.7234.
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 th� Developer with all
requirements concerning improvements as set forth in this agreement.
:�
CONTRACT FOR: STONE MANOR ADDITION
II-2
� 0 �
� . � ,
10. In the event the Developer awards his own contract and does not desire City participa-
tion, the Developer shall pay the entire cost of the street and/or storm drainage facilities.
The condition set out in "General Requirements," Section V, Paragraph F of this
agreement shall apply.
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
comple#ed to the satisfaction of the City. No refund of less than $25.00 will be made. In
the event the differerice 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 constnaction 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 sunreyor 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.
CONTRACT FOR: STONE MANOR ADDITION
II-3
c� o
�
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 s#reets are being constructed.
``
\,
CONTRACT FOR: STONE MANOR ADDITION
II-4
�
B. STREET IMPROVEMENTS BY DEVELOPER:
1. Developer hereby agrees and binds itself to:
�
t
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 and to require all earthwork to be done in
accordance with the City of Fort Worth Standard Specifications to #he 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 sireet 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 befinreen the curb lines and the property
lines to elevations required by the City Engineer.
j. Grade all 20' x 20' and 15' x 15' Open Space Easements down to a height of not
more than twenty-four (24) inches above the top of curb.
k. Construct, at its own expense, curb, gutter, and approved paving as depicted on
Exhibit "B": �
-.`.
CONTRACT FOR: STONE MANOR ADDITION
II-5
� � o p
�.
2. Cost Distribution:
a. The City shall bear all of the excess cost of street improvements for widths greater
than:
• Forty (40) feet adjacent to property zoned single family and/or duplex
residential.
� Fifty-two (52) feet adjacent to property zoned other than single family
and/or duplex residential.
b. If the developer constructs a wider street than requested by the City, there shall be
no City participation for the cost of the extra width. However, in the event a street
wider than forty (40) feet adjacent to single family and duplex residential or fifty-finro
(52) feet adjacent to zoning other than single family or duplex residential is
constructed at the City's request, the City will make the following reimbursement to
the developer upon completion of the entire length of street included in this
Community Facilities Agreement.
1. The reimbursement shall be for the cost of the road width in excess of forty feet
adjacent to residential (single family or duplex) zoning and fifty-finro feet adjacent
to zoning other than single family or duplexes.
2. 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, {�aving (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 attomey fees plus any other costs associated with the right-of-
way and or easement acquisition.
..�
CONTRACT FOR: STONE MANOR ADDITION
II-6
a �
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 finro 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
.\
\,
CONTRACT FOR: STONE MANOR ADDITION
II-7
` ` �
M �
4. Estimate of Construction Cost
Item
Interior Streets for Stone Manor
28 Ft. Wide Roadway
5" Reinf. Concrete
6" Lime Stab. Subgr.
6" HMAC
Sawcut & Remove Existing
Asphalt Pavement
l �
Unit Developer City* Total
Quantitv Price Cost Cost Cost
1 L..S. $361,519 $361,519 $-0- $361,519
Sub-Total
10% Contingencies
TOTAL
*City's participation due to proposed park site is $ -0- .
�,
CONTRACT FOR: STONE MANOR ADDITION
zz-8
� .
�
$361,519
$ 36,152
$397,671
$-0-
�
$-0-
$361,519
$ 36.152
$397,671
C��
C. STORM DRAINAGE IMPROVEMENTS:
�
1. Based upon preliminary engineering design, the storm drainage facilities listed below
are required. It is understood that actual sizes, quantities, and costs may vary after
detailed engineering is accomplished, and bids are taken.
Description of Work to be Done:
The Developer agrees to install or have installed, the storm drain system for this project
as shown on Exhibit "B-1 ", attached hereto, in compliance with all applicable City of Fort
Worth Rules and Regulations and Construction Standards.. Furthermore, the Developer
also agrees:
a. to construct all storm drainage facilities and appurtenances to the line and grade
established in the final plans.
b. to provide sufficient drainage easements for all storm drainage facilities outside a
public right-of-way. Drainage easements shall be provided along the entire length of
the system to include an outfall condition which is•acceptable to the City Engineer. A
detention pond may be provided in lieu of an adequate outFall with approval by the
City fngineer. 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 containet! 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: STONE MANOR ADDITION
II-9
C
2. Cost Distribution:
�
a. The City shall not pay any amount in the cost of storm drainage facilities consisting
of pipe 60-inches or less in diameter, including the cost of any trench and/or channel
excavation, manholes, inlets, lead lines, headwalls and/or any other items to
complete the system.
b. Where pipe larger than 60 inches is used, the City shall pay twenty-five percent
(25%) of the difference in construction cost between a sixty inch pipe and any larger
pipe size. There will be no City participation in the cost of any trench and/or channel
excavation, manholes, inlets, lead fines, headwalls, and/or any other items to
complete the system.
c. Where a lined channel is cons#ructed, 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, inleis, 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-finro (52) feet adjacent to any other zoning and/or use.
,,�
CONTRACT FOR: STONE MANOR ADDITION
II-10
. r �
Watershed Area
(Acres')
up to - 1,000
1,001 - 1,500
1,501 - 2,000
2,001 - 2,500
2,501 - 3,000
3,001 - 3,600
3,601 - 4,200
4,201 - 4,800
4,801 - 5,400
5,401 - 6,100
6,101 - 6,800
6, 801 - 7, 500
7,501 - 8,300
8,301 - 9,100
9,101 - 10,000
Over - 10,000
1
�
Citv's Participation
(% of Cost)
25
30
35
40 �
45
50
55
60
65
70
75
80
85
90
95
100
3) Except as provided in Item 7., Page II-11, the City shall aiso 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-finro (52) feet adjacent to any other zoning and use.
4) There shall be no City participation in the cost of parkway improvements,
including pedestrian ways, guardrails, etc.
5) Developers shall submit cost estimates for both a bridge and culvert and City
cost participation shall be limited to the lowest City cost estimate based on
the standard cost distribution listed above.
The City Council reserves the right to evaluate� the overall economic benefits
to the City in all cases where its participation in a bridge or culvert exceeds
forty percent (40%). The Director of Transportation and Public Worfcs 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: STONE MANOR ADDITION
• II-11
0 Q
hundred percent (100%) of the additional cost of the drainage facility
necessary for that excess width will be paid by the City of Fort Worth.
7) If the developer desires a roadway wider than determined necessary by the
Director of Transportation and Public Works, then there shall be no City
participation for the additional cost of the drainage facility necessary for the
excess width.
8) Bids and estimates for the construction of bridges and culverts shall be
prepared on a unit cost basis for the length of the basic structure (width of the
street) with all appurtenances such as guard rail, wingwalls, etc., being
separate bid items, so that the cost distribution due to oversize structures can
be readily determined.
e. The City will consider the level of service being required and City participation in
extra cost of storm drainage facilities where the level of service is increased due to
collector or thoroughfare street requirements.
f. Storm flow shall not be diverted from its natural drainage course to a border street
� unless approved by the City Engineer. Where storm flow is diverted, in the opinion
of City Engineer there shall be no City participation � for the additional cost of
constructing and/or oversizing any drainage facility or appurtenance required to
handle such diverted storm flow and the City's participation shall stay the same as if
the diversion did not occur. �
g. The City shall pay engineering costs in the amount of six percent (6%) of the actual
cost of the City's share of construction as defined above upon completion and
acceptance of the storm drain facilities. However, � for preparation of Community
Facilities Agreements, the City shall use six percent (6%) of the estimated cost of its
share of construction as defined above for design engineering.
h. The City shall assume its share of the cost of the storm drain improvements and the
engineering fee only if funds are available for such participation. In the event that no
funds are available for City participation, the developer shall award the contract and
deposit with the City cash, or 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).
i. The Developer shall pay a construction inspection and materials testing fee in the
amount of two percent (2%0) of the developer's share of the storm drainage
construction cost as defined above. The two percent (2%) amount shall be included
,.�
CONTRACT FOR: STONE MANOR ADDITION
II-12
� o �
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, finro percent
(2%) of the estimated cost of the Developer's share of the storm drainage
construction as defined above for the construction inspection and materials testing
fee shall be used. At the time when bids are submitted and prior to the work order
being issued, the Developer shall submit the amount in cash representing finro
percent (2%) of the Developer's share of the storm drainage construction cost. This
amount may be adjusted by the Developer or the City, upon written request, to
conform to the actual construction cost upon completion and acceptance of the
storm drainage facilities, provided the difference is greater than twenty-five dollars
($25.00).
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: STONE MANOR ADDITION
II-13
, �
, ,
4. Estimate of Construction Cost
�
UNIT DEVELOPER
ITEM QUANTITY PRICE COST
Interior Storm Drain 1 L..S. $120,596 $120,596
For Stone Manor
Sub-Total
10% Contingencies
Total
CITY TOTAL
COST COST
$ -0 - $120,596
$120,596 $ - 0 -
12,060 - 0 -
$132,656 $ - 0 -
City's participation due to proposed park site is $- 0- .
�,
CONTRACT FOR: STONE MANOR ADDITION
II-14
$120,596
12,060
$132,656
�
�
D. STREETS TO BE IMPROVED ON THE ASSESSMENT BASIS:
1. The Developer hereby agrees that the following streets and storm drains as shown on
Exhibit "B" and "B-1" as described below, will be improved on the�assessment basis at
which time in the future that the Fort Worth City Council determines in its sole discretion
that development warrants constructing this street. The Developer's participation will be
calculated based on assessment paving policy in effect at the time of the assessment.
North Beach Street - From the south property line of lot 1, block 1, Stone Manor
Addition northward approximately 966 L.F. to the north property line of lot 9, block 2
consisting of 1/2 -2-36 foot wide roadway of principles arterial grade pavement.
Shiver Road - From the northwest property intersection at N. Beach Street eastward
approximately 1,222 L.F. to the east property line of Stone Manor Addition consisting of
1/2 - 40 foot wide roadway of collector grade pavement. �
2. Cost Distribution
a. The City shall bear all of improvements for widths greater than:
• Forty (40) feet adjacent to property zoned single family and/or duplex residential.
• Fifty-finro (52) feet adjacent to property zoned other than single family and/or
duplex residential.
b. The Developer shall put up a cash deposit, or performance and payment bonds
acceptable to the City for 1/2 the cost of the street paving - and drainage
improvements plus an additional two percent (2%) of the estimated construction
costs for construction inspection and materials testing, as required at the time of
execution of this Agreement.
c. The City shall assume its snare 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).
d. The Developer's participation in the cost of the storm drainage facilities will be
� calculated in accordance with Section VI of the Policy for the Installation of
�•� Communitv Facilities and shall be installed in accordance with the Transportation
CONTRACT FOR: STONE MANOR ADDITION
II-15
L�'J
�
and Public Works Department's "Policy For Storm Drainage Facilities."
e. The above improvements must be advertised for and the City must receive bids,
award the contract, hold a benefit hearing, and comply with the requirements of the
State Statutes and City Charter.
f. The Developer's participation must be paid in full at the time of the construction
contract award.
g. The Developer hereby agrees that the amount of his participation in the cost of the
above improvements represents the enhancement in value and special benefits to
his property as such is defined in Vemon's Texas Civil Statutes, Article 1105-B,
Sections 7 and 9.
h. At such time that the Developer exchanges ownership of the property adjacent to
the street(s), the City shall convert all deposits to cash in order to insure the
construction and design of the facilities as shown in Exhibits "B" and "B-1" and as
described in this agreement.
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.
The street lights will be installed and maintained by Tri-County Electric. The developer
will pay Tri-County the cost of maintenance and electric bill in the first 24 months.
Developer will also pay any initial cost where applicable.
�
CONTRACT FOR: STONE MANOR ADDITION
II-16
. �
�
4. Estimate of Construction Cost
ITEM
A. Street Construction
N. Beach Street
1/2 of 2-36 ft. wide Roadway
Concrete
6" Lime Stab. Subgr.
4 ft. std. wide Sidewalk
Shiver Road
1/2 of 40 ft. wide Roadway
6" Reinf. Concrete
6" Lime Stab. Subgr.
�
UNIT DEVELOPER CITY
QUANTITY PRICE COST COST TOTAL
966 L.F. $116.00 $ 61,824
966 L.F. $ 13.00 $ 12,558
1,222 L.F. $ 59.00 $ 72,098
Sub-Total A
10% Contingencies
Total A
':�
CONTRACT FOR: STONE MANOR ADDITION
II-17
$146,480
14,648
$161,128
$50,232 $112,056
$ - 0 - $ 12,558
$ - 0 - $ 72,098
$50,232 $196,712�
5,023 19,671-
$55,255 $216,383
. P
�
B. Storm Drain Construction""*
Storm Drainaqe Facilities
For Shiver Road
2 ea. 10 ft. x 6'ft.
Box Culverts
24" RCP
20 ft. Curb Inlets
40 ft.
20 ft.
1 ea.
Sub-Total B
10°/a Contingencies
Total B
Total A+B
� � . .
$ 450.00 $ 14,550 $ 3,450 $ 18,000
$ 35.00 $ 700 $ - 0 - $ 700
$3,000.00 $ 3,000 $ - 0 - $ 3,000
$18,250 $ 3,450 $ 21,700
1, 825 345 2,170
$ 20,075 $ 3,795 $ 23,870
$181,203 $59,050 $240,253
*Represents 50°/a of estimated cost.
**City's participation due to facilities constructed adjacent to City Parks:
Streets $ -0- ; Storm Drain $ -0- .
**"All costs for the construction of Storm Drainage Improvements are estimates. The actual cost distribution
for all the required Storm Drainage Facilities will be determined at the time of construction.
��\.
CONTRACT FOR: STONE MANOR ADDITION
II-18
�
D. SUMMARY OF COST:
DEVELOPER
COST
Street Improvements
Construction $397.671
Design (0% of
Construction Cost)
Construction Engineering and
Administration
7% of Construction Cost) $ 7.953a
Storm Drain Improvements
Construction $132.656
Design �0% of
Construction Cost)
Construction Engineering and
Administration
� of Construction Cost) $ 2,653b
Street Light Improvements (III)
TO BE PROVIDED BY TRI-COUNTY ELECTRIC.
Street Name Sign Improvements (IV)
Construction $ 880
SUB-TOTAL $541,813
Future Paving
Construction: Street and $181.203
Storm Drain "
Design Engineering - (6%) $ 10.872
Future Administration - (1 %) $ 1,812
Construction Engineering and
Administration (7.5%) of
Construction Cost $ 3.624�
Special Services
Right-of-Way Costs�
TOTALS : $197,511*
TOTALS (THIS PROJECT) $739.324
CONTRACT FOR: STONE MANOR ADDITION
II-19
�
CITY
COST
$ -0-
$ -0-
19 884°
$ -0-
$ -0-
$ 9.286d
$ -0-
$ 29.170
$ 59.050
$ 3.543
$ 590
� ' $ 14.395f
$ -o-
$ -0-
$ 77.578**
$106,748 �
TOTAL
COST
$397.671
$ -0-
$ 27.837
$132.656
$ -0-
$ 11.939
$ 880
$570,983
$240.253
$ 14,415
$ 2.402
$ 18.019'
$ -0-
$ -0-
$275,089
$846,072
� � O O
*The sum of $ 808,170 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.
'Encompasses extraordinary survey work, preparation of right-of-way maps and descriptions, and
soils testing, if necessary.
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.
Recom ended
� � `
Hugo Malariga, P.E., Director �w g�i-7`g�
Transportation and Public Works
� ��?"l � ��
Date
Based on Policy Revised
September, 1992
� CFA Code: 99043
..�
CONTRACT FOR: STONE MANOR ADDITION
II-20
�
�
Fs. STRE$T LIGHTS:
1. STREF3T LIGHT COST ESTIMATE
INTERSECTIONS
MID-BLOCK RESIDENTIAL
CHANGE OF DIRECTION RESIDENTIAL
MID-BLOCK COLLECTOR
MID-BLOCK ARTERIAL
I��M�D��[iZ�:�:�.�M�.����t■u1�M��w���l
QUANTITY UNIT COST
6 EA $ 2,000
13 EA $ 2,000
2 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,000
0 EA $ 2,500
TOTAL COST
$ 12,000
$ 26,000
$ 4,000
$ --0--
$ --0—
$ --0--
f� �CiZit:4�l�i����1�f�Te���-e�
0 EA $ 1500
$ --0--
Subtotal
City's Cost
Developer's Subtotal
10% Contingencies
Project Total
Adjacent Developer's Cost
Developer's Cost
STONE MANOR ADDITION
Fort Worth, Texas
$42,000.00
$ ---0---
$42,000.00
$ 4,200.00
$ 46,200.00
$ --0--
$ 46,200.00
November 5, 1999
III- 1
u
r►�I
2. STREET LIGHTS TnIORK DESCRIPTION:
1. 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 11/-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 rated for multitap operation and each
luminaire shall have it's own photocell.
Special Note:
The street lights will be installed and maintained by Tri-County
Electric. The developer will pay Tri-County the cost of maintainance
and electric bill in the first 24 months. Developer will also pay any
initial cost where applicable. �
III- 2 ,
�� a o
zv
STREET N�,ME 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 fo'llowing eleven (11) intersections at
a cost to the Developer of $880.00:
North Beach Street and Quarry Circle South
Granite Patfi and Quarry Circle North
Granite Path and Quarry Circle South
Limestone Drive and Quarry Circle North
Limestone Drive a�id Quar-ry Circle South
Sandstone Way and Quarry Circle South
Shiver Road and Quarry Way
Quarry Way and Quarry Circle North.
Quarry Circle East and Quarry Circle North
Quarry Circle East and Quar�y Circle South
Quarry Circle East and Quartz Court
3. The Developer may either deposit cash funds with the City equal
to the above amount at the time of Community Facilities Agreement
approval or wait until the street name signs are to be installed.
�If the Developer elects to wait, t�e cost of street name signs
will be at �he rate prevailing when the Developer deposits funds
with the City. . �
4. The City will install the street name signs upon final approval
of the street construction. The street name signs will remain
the property of, and will be maintained by, the City.
STONE MANOR ADDITION
Forfi� Worth, Texas
May 24, 1999
IV-1
�
Y � �
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 contraet, subject to Paragraph B.
B. For any project estimated to cost less than $10,000 or for any project
designed to serve a single lot or tract, the developer may at his option request
the City to provide the design engineering, and if such request is granted, the
developer shall pay to the City an amount equal to 10 percent of the final
construction cost of such project for such engineering services.
C. In the event the developer employs his own engineer to prepare plans and
specifications for any or all facilities, the plans and specifications so prepared
shall be subject to approval by the department having jurisdiction. One (.1)
reproducible set of plans with 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
f�orn 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
V-1
� � � O
extension of up to an additional 10 years for collection of front charges. If the
construction under the Community Facilities Contract shall have started within
the two-year period, the life of the Community Facilities Contract shall be
extended for an additional one-year period. Community Facility Contracts not
completed within the time periods stated above will require renewal of the
contract with all updated agreements being in compliance with the policies in
effect at the time of such renewal. Developers must recognize that City funds
may not be available to pay all or a portion of the normal City share for
renewal contracts. It must be understood by all parties to the Community
Facilities Contract that any of the facilities or requirements included in the
contract that are to be performed by the developer, but not performed by the
developer within the time periods stated above, may be completed by the City
at the developer's expense. The City of Fort Worth shall not be obligated to
make any refunds due to the developer on any facilities constructed under this
agreement until all provisions of the agreement are fulfilled.
F. PERFORMANCE AND PAYMENT GUARANTEES
1. For Street, Storm Drain, Street Liaht and Street Name Sipn Facilities on
� a Non-Assessment Basis:
Performance and Payment bonds or cash deposits acceptable to the City
are required to be furnished by the developer for the installation of
.,, streets, storm drains, street lights, and street name signs, on a non-
assessment basis, and must be furnished to the City prior to execution
of this cont�act. 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
V-2
. . C� 0 , .
assessment paving basis. (Reference Section VI, Item 3, Development
Procedures Manual.) Said performance and payment bonds or cash
deposits must be furnished to the City prior to execution of this
contract.
3. For Water and Sanitary Sewer Facilities:
Performance and payment bonds, or cash deposits, acceptable to the
City are required to be furnished by the developer for the installation of
water and sanitary sewer facilities.
a. Where the developer lets the construction contract for water and
sanitary sewer facilities, performance and payment bonds shall be
deposited, in the amount of one hundred percent (100%) of the
estimated cost of construction, cash deposited shall be in the
amount of one hundred twenty-five percent (125%?, as stated in
the construction contract, is required to be furnished simultaneous
with execution of the construction contract.
b. Where the City lets the contract, performance and payment bonds
shall be deposited, in the amount of one hundred percent (100%)
of the estimated cost of construction, as stated in the
cons�ruction contract, is required prior to issuance of a work order
by the City.
4. Tvnes 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
1��3
. o � .
guarantee performance of the street, storm drain, street
light, and street name sign construction contemplated under
this contract.
(4) The Payment Bond shall guarantee payment for all labor,
materials and equipment furnished in connection with the
street, storm drain, street light, and street name sign
construction contemplated under this contract.
(5) In order for a surety company to be acceptable, the name of
the surety shall be included on the current U.S. Treasury list
of acceptable sureties, and the amount of bond written by
any one acceptable company shall not exceed the amount
shown on the Treasury list for that company.
b. Cash Deposits: 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%) 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
V-4
. , O �
. ,
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
multipli�d 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 5400,000, such release of security shall equal the
percentage of work completed for that period multiplied by
ninety percent (90%). This percentage shall then be applied
to the actual current total contract cost to determine the
amount of security that may be reduced upon request of
developer. The remaining security, five percent (5 %) for
projects of 5400,000 or greater and ten percent (10%) for
projects less than 5400,000, together with the remaining
funds from the Developer's Change Order Fund, if any, will
be released to the developer after the project has been
accepted - by the City. Partial release _ of funds shall be
limited to once per month. There 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.
��
�,
V-5
. . � �
5. Purqose, Term and Renewal of Guarantees:
a. Performance and payment bonds, and cash deposits furnished
hereunder shall be for the purposes of guaranteeing satisfactory
compliance by the developer with all requirements, terms and
conditions of this agreement, including, but not limited to, the
satisfactory completion of the improvements prescribed herein,
and the making of payments to any person, firm, corporation or
other entity with whom the developer has a direct contractual
relationship for the performance of work hereunder.
b. Developer shall keep said performance and payment bonds, and/or
cash deposits in full force and effect until such time as developer
has fully complied with the terms and conditions of this
agreement, and failure to keep same in force and effect shall
constitute a default and breach of this agreement.
G. The City shall assume its share of the cost of the improvements covered by
this agreement along with the engineering fee only if funds are available for
such participation. In the event that no funds are available for City
participation, the developer shall award the contract and deposit with the City
a performance and payment bonds or cash for 100 percent of the estimated
total construction cost of the improvements [plus ten percent (10%) for
engineering and miscellaneous costs if the City prepares the plans].
H. On all facilities included in this agreement for which the developer awards its
own construction contract, the developer agrees to follow the following
procedures:
1. If the City participates in the cost of the facilities, the construction
contract must be advertised, bid and awarded in accordance with State
statutes prescribing the requirements for the letting of contracts for the
` 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
''�� (10th) day before the first date bids may be submitted. The' bids must
� be opened by an officer or employee of the City at or in an office of the
� . City.
V-6
o Q
�
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 tlie City and the developer for
one hundred .percent (100%y of the contract price of the facility, said
bonds to be furnished before work is commence. Developer further
shall require the contractor to provide public liability insurance in the
amounts required by the City's specifications covering that particular
work. �
4. To give 48 hours notice to the department having jurisdiction of intent
to commence construction of the facility so that City inspection
personnel will be available; and to require the contractor to allow the
construction to be subject to inspection at any and all _times by City
inspection forces, and not to install 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
approval 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
� sha11 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
V-7
u
�
above were awarded as separate contracts.
I. Anything to the contrary herein notwithstanding, for and in consideration of
the promises and the covenants herein made by the City, the developer
, covenants and agrees as follows:
1. The developer shall make separate elections with regard to water and/or
sanitary sewer facilities, storm drainage, street improvements and street
lights as to whether the work prescribed herein shall be performed by
-the City, or by its contractor, or by the developer, through its
contractor. Each separate election shall be made in writing and
delivered to City no later than six (6) months prior to the expiration of
this agreement. In the event any of such separate elections has not
been made and delivered to City by such date, it shall be conclusively
presumed that the developer has elected that such work be performed
by the City in accordance with all of the terms of this agreement, and in
particular Paragraph V-F hereof.
2. Irrespective of any such election and whether the work is to be
performed by the City, or by its contractor or by the developer through
its contractor, the developer covenants and agrees to deliver to the City
a performance and payment guarantee in accordance with the
provisions of Paragraph V-F�of this agreement.
3. In addition to the guarantee required in the preceding paragraph, in the
event developer elects that the work be performed by the City, or by the
City's contractor, or such election is presumed as provided above, the
developer covenants and agrees to pay to the City the developer's share
of the estimated construction costs. The amount of such estimated
, payment shall be computed as set out in Sections I, II, III 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.
:
0 0
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 o#herwise, neglect or misconduct of the developer, its
contractors, subcontractors, agents or employees, whether or not
caused, on whole or in part, by the negligence of offiicers,� agents,
employees, licensees, invitees, contractors or subcontractors of the
City.
5. Developer covenants and agrees that, it discriminates against no
individual involving employment as prohibited by the terms of Ordinance >
No. 7278 (as amended by Ordinance No. 7400), an ordinance
prohibiting discrimination in employment practice because of race,
' creed, color, religion, national origin (except for illegal aliens), sex or
age, unless sex or age is a bonafide occupational qualification,
subcontractor or employment agency, either furnishing or referring
applicants to such developer, nor any agent of developer is
discriminating against any individual involving employment as prohibited
by the terms of such Ordinance No. 7278 (as amended by Ordinance
No. 7400).
J. The attached Exhibits Appendix "A", A, A1, B, B1, C, and C1, 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. �
V-9
u
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 Deve�l e�r
has ecuted this instrument in quadruplicate, at Fort Worth, Texas this the �d da`y
of ,�^'�,`,�2l� Z� � , � 9 ��
ATT T:
�, �
G4oria Pearson
City Secretary
APPROVED AS TO FORM AND
LEGALITY:
Gary J�Steinberger
Assistant City Attorney
C � � l �P �
�'ontract Authorization
�r- a3 - 9 9
Date
�
CITY OF FO R H, TEXAS
By:
ike Groomer v
Assistant City Manager
DEVELOPER:
Metro Investment Group,
A Texas General Partnership
By: �
Stone �/lanor
Managing Partner
V-10
_ . . __ __ __
.. . ., �, ��..... .,_ T.._—.=�r--,,,���r_.�J�1 __ ,. , . r , . .
�: __ .._ ,.t..:--r.
' � . • . , , . . �...i _. �. ..�..___..r,..._...' _. � �,� � _...r ..:�i��/ ..A �, �
1 .f � .,..,_._.,. '
�,�.� _ _. _�..__. _� � _ _ �---1__�._, __....._..
� _ �� L�.I1 ,.:.
_.__ �, � - �c�r�c�a�� � _ .
�__ --- --- —�'7tAfi17d'Pa78" ' " �
f �
�..�. �. .�.,.�..�.....��..�..��.�..�.....-....�.�.�. �f�i �
y r.�. �
.__. �� �.���ri���' __.. � �
--.._ �._ .� __....
�^ ._...�_ � I__��-- � n,�xxr ��r '
_.._.r_- ,�. � , �
_.__ � ,��.�,.��`'���'' ;_--..�! _ . � � ;
- I � � f__�. w_ _. ;' �
�
� ,....�..,...._„��.�.e.,u.:.,�,s�llL�_ . whiY�L.ud.�.iwrs.lW��ue�:.r i �
0
3�J000 PSl REMFDRCED CONCREIE PAVEIIffM :'�
6" fJME STABILIZED SUBClLtDE i
7' MIEt;1LIL CURB � i
, � � .
' , ; ;'
:
......... i'......
nx +au' n+t� C�+c+V
.. _ _ .. _ . . •.n.rre��-�!
�� I
�
. �
�
��
�
.
pptOQ(
I'�°'
+
N
� �
Q ��� .� ��
1
�f M fFET
t. � �.
�
�
,
HISTORY M�KER HOMES
STONE MANOR ADDITION
w .. 1' z
,..���
� s
.�. -
��
euer
�
�
I
i LOCATION MAP
i
...:_..:_:�.._.::........_ _._._..:�.:..._ ..._:..::'iroiris�ba�ca"siscsr.�:.�:._:::::::_:..w�:::_::�...:�._..:_..,•:::::-�::-•�::��.�
y..,..«m.yr,.�....yy.. ..�yv�,r;�,:�;_.: . �s:waeMen.: �e:rn�ee...r+�r�w�:pua+»�unr.t�ar_t�K:r,snper.Ys. �� :;�sr�
...�i....�,� .Mw '..�' �" , 'w1...n..w.w...N.ryJr^....iw �w.Y�+.�+.-y � �.:...: ~r�....5� �
f. . __..._�_._ ... _ .._._:j . ►��..._ �...�: . . . _ .� ..... - - -- � _::�... _.....:,"� � .___...: _.
: i �.::;w:�..._i : :.I�: ..�:. ; .._..._....
f� ;. .... _;; ���_.!_ .!. :1. � �..i.. �,�,. .�_._.[..M�.�_.��...1.._.1�� ,
.
. ,: .._..
........ ....._._.___.........__....._.:_..__.._._..._.._._.._-.. �
�... � w ,
,. �Q
i d___ ..._�... : .._ �A'i!T$'e'X�n. _.. ."...,.".. , / ......- �
l.... ...._. � �
I � 1
�..._.__-�� • � .__— ' �
,
. '
� �, ...._ ._. _... .._�....�...... . .. ... . .._ _. _ .... ...._ ___ ___.. ;
(.-:�.r:�i � . ... �..��_,.�.�.. � �� ..►.:.._ :�._ __ =:...."��� �
�._.�..��� �'"..:.�:�'�: .. .....;�;u �_ . _ . _. . _ ..:.
; �,
y
�. _..�� _ .._ ...�. . _..... ._.. ... � _.�.. .I..... __ � , �vu�rr� �r
�:::�._.�� ( . ' ..l ..;, � ' ,._._ �- t�_
:_.... � -���ux� r����;-•-� �. � � I. �
._..:�� - . }..._._ �. . � :
;W_.. �- � ._.. .�.,�``�,�' .�-� ��� �
�._...- .._i_.� _._�;.t:�_._:5..._ J 1���b,"� �Y� �• �
i..... ..____..._._ r �' ��... __.... ,_ � �
t ... _ .( ... ..�iti' l�.. ._'_�.�.. �'� .
i" �� ...._..._..._._ :�.:�� j:. ....... �.I.. � T...�...` i I
.� :
,...... , . ;
... �
.. _.. ...... . _ _.... b � ........ ...... � ....... -
i ^�' .... _.... �' .. _ �_.? � .. _... "' ......_.� �'�.. ...... . } ?
.. - �:,r. '�. � � ,
_..��_._.�._._�..._._�j � � ___._..�__.I._......._ :�-� � � :
�,:
,. :
. �, .�
:;
:�
.�
._. . � l_....�1 '
�%+7L',rkYNrMY7WIM'/ 1 .
• r«� w� . n�� e�� w��ill�Yrt
1 ��
�
�oJncr
♦ \
�
��
�
.
.�
�
«
N
� �
o ,�. �. �.
�
�x�
,..�.
w • �
.�,,.��
� s
/m/'01r
� I
�
�
�
� �
♦
�,
�
��
IIATER EXF�IBIT rR
FOR -
�HISTORY MAI�'R HOMES
STONE MANOR ADDITION
i
LOCATION MAP
ry:v.aw..ev. , , �
. �.....�..........,1........�..
��: �. ..._...:.._ ..� ._ ...._..
�
=="=--r-'r•==.�»�'�..�.. __ ���:�-�•j ;..- -- ,�,. • � � �.��... .� �..�._.
_._...._:�+- - . ,- - . _. � ..._.__._..,_...�F .- ��-:
...._._. t �..�L:.:I :::!_ �:..�•(_::::i.��.��:-_.f•.::.i: ..... _ ��.. �__-, .
_ � 4 _J.. �� I_ _l._l_�i_ ����_L. �1 �-
__..� -: ::�.� ::i:aS�s•- _ _.Pa�6�-...V .�_��,.J__ ^,.
_........;' �� . � .! .� � _. ...� . .,�. _ _._... � .M._ '
: ��-� --�... . , ..�_i w�._ ��, �
_..... :; , � f � � � C ! ; ..._.__ �
� ,� � � , � �
.
�.
.
i; �i • .t...E�.l.....f_ i_:.1__1._�.i._ ..�._ �
_�
, '�
_.. _...._. !i I I � � ' � .�_... __. __ 4��� . v �.� r
�i.._ �.._. ...�...........�...__.._� g��' �
._... ; i �. � _1'�
��.... ; ��..._�._�I.. _1..��- -�� :� ��. � �
� ��
, :_.+... �� �:�_�:.•.�._ _e:��, ; )�_,� �'� �` ,
f� � � � 'j `�,.� � • , �,
......_ �� .. .i._ _[ _.�.__.(..�;...._ �,._�11.. _,� I.` ,.,,``.!f ,'
. �..
.. � ;;,...� .
, , _._ . ...�._........•j � ..._.._...�--..-- ..
__:+. �� ��......_ _- �` ' •'j-----_w_-__ .�... �.
.__..�.. �, ,
� .... --,; f�............::I-_--._.�..� i�.:._......_......._.�._ , _.._. ; .
_ : ...�: :�.�. _.._-:._,.� ._._ �. �
.�;1 . . . ........... _-:sxr:_ • .
, , _C:::T�: - q��-,;� - :.�� ` �.
. . ..._ ._. ....._ ...._ .__ .___ ..__.. --�� ---._ ..._. ..._.. �: _� _1._.!_...�_.L f . 1 !_..i._.l_��.1�.'�.,..-'' �
-� �
..rr:�.�._:__ .... s�, :..... .. _ .��.",__,��5:__.__.�.:_��_.�•...:�::��.::_......:.. �::�.r�:.:.___... ---- --Y __ _� ..�. .a __�
� ,. _.., _ .�r..,._�_�✓�
I ; i � � i � , � V.! � '.�.. 1 • � � � �
,�n:� . _......1 ._. �........ �. ......... �.. �.... •...... . ... �......... ..,.._...�_....�.`.!.r......'...' ' � �I
k � sil'n....__. + .......=L'L.i..,_...... � ' � �Aan""'�, A�fUG'RLN0.'Ail'�� • ' 1 i ,1.. , �� �
T • i ,, w
�,j...:�.� .-. ... . .. .�t • .._ � .;. , .;..p.. ..�.�y..�. .�. t.....�J
�} � I .. . �;�' . � . r• ' k . . � : � . ��� �1" ' a � ; � K . � `� r +
}}l � r � •��o�I � i t�,tl t � � � � � • 1 r � � I/ I y 1 � 1• 1 V' Y 1 1 ' '' A~
a� '� • i��.• '
w � f r � 1
. �
1 • I • I �•• �7 7
� � w
.a.��...I �.�...
� � R.%XlMIThIMII1I(/C7Uf� l
.........�....�..�
: �.
, . ,.
PAo,rear nori �
�w
.
(� s.��
� \
� �'* /
"`a�wr'
♦
�
� •
. r
. *
�
�u
"°""" � S
raor� '
� � �
�
y Mwn
�,. .
• n�.�,
�
LOCATtON MAP
Mara�a '
�. �
.
� . ;
A
0
N
� �
o r�• .�• ,�
� L� �
9PilI£ H fEFT
1' . J00'
�
1
SAMTARY SE'iIER �xtt�l!'-19� ,
FOR
HISTORY MAKER HOMES -
S'TONE MANOR ADDT170N
' , ` � �
�_�__
,l�J/� •1,� � '►Ji�Yi
t
T
I
,
�
_ ._.. ....__._... , ,
6' UME SfA8R1ZEb SU6C�tADE I
7' R(lEf�+iLL Ct1R6 : t
' �1.
�' ;j
�
........., t....._
r.vx �sz ma�+n C:rta�
..�__.._. _._ . ��."�—
il �
Preo.rEcr nor� �
♦
�.
mwMr
♦
MWa�c�
♦ �r
� ��
< ♦
�nn�n'�r �
♦
/OeR001t
�� w Y
eautiw:
� ""rw�` � : S
+t�iw �� .
��au �
r � � nuat
♦
� �
� ���
�
LOCATION MAP
N
� � �
o r�• .� �•
� L� �
���
t..,�.
�
�
9
�
!
U
STREET IMPROV�s'MENTS� �
FOR '
HISTORY MAKER SOMES
STONE MANOR ADDT170N
'�:. . . . `
i+,o.c.�we,. �. _ . .��..aw•r+*9nwur,r-�'ir-*-•�:tf'
�f
__-..' ....�
2f'M,7�
;
�_.....l�
::_-�.;
�....,
.,......_._ ,
N I
�4--__.. �i
:�_._... j
:::_: I
2/ Y �
_..�.�
..� `�i�'�r�0"�x�'=�
��..�.�.....�...���....y....�...........�.....� �, _ —
��
...�.._. _�..—"' _� .....`._. ' 1�
i �
:.� •--•--- , .��_�� �
.1
:T�1.�:_.= = �v�.��
_._.... I �
�� r... � �
. �
"""_.'R �i Ir "' '�II_ i
_...... �� ::::_.:.�:: :��._:w.:�.�� �_ zs�. ,---__ �
� ._... .-:�.� . . _._ �.�.� � �..�::�� � � , �
� � ( ��" � ��,� " �- i
,. �,
. � ..�- : i : - .�_ ..����, �
... _... _.._ _.._. . ....._ .._ _._. _.-- ---. -�f _� _�..! _� � � �.��� _�.-� :
- � ��
:.�a:n... ....._ ._.- --__ ..�. .�_ ._.. ..__ ..� ....... r_.. ...__ .. .--��.-�_ _._. _.--. -- - -_. __�._ ._ �� i.
-........_; .�_.._........._..__.. , , ......... ,_. ._.. ... _._. .. - - -•- - - �-.-• - :-.��
:,( : , . : � � , , ,;i�,`� , , �. ; ""T"" ; .
i i � ' ; M��
j�� � . � � . � , � � + • , �1 :1 � 1 1 �'� MK ; Y 1 N 1 y , ► � � ,�'
t ;tt • . . . • ._ +� � . �...r:i z.c..... .. � � ^waw... � � ' .w5fl qvX GtK t�a5k�,• .. . _ . .. . _ . . _ .. ... . .... ...... . . � . .�. . ... �•�... � . . ,
. . . . . . . . .
� _ .. . . ... . . . . . . _ . . .. . � • � � - ' 1 • � , �
�.� �: �.1�, ..�:j__.� ;,- r. ; .,._....�. , .,.-; : ._ ..�
y � '.�*' ; ' ; �! ,
� 4 j �. �� I�� � N ' Y / � �
� , . �'� , , � ���� � , , . , , , . , � � ' ; ' ' ' ' . � r _'..
., ��.I y�i. � +, � � � :�
. � ;
� ' ' ; , . ;!
. : ,�• ; .._.;I,
I ' • ...w .. , 1 .. u..r. I
`� 'l�,:..:.w�it ,,..uce ra�,uf
' � ......_......-•'i�
:►
,�
�•
♦
�o�.oa
. +�
�
� * 1
matnuc
� �'tM" b S
�w
w"� w ♦ .
�tt �
r � nunr
_ �et„� t
♦ narw
Y
LOCATlON MAP .
PFiG�JbCT� AT10N �
♦ �`
srwu�
F
MVKM
IAit
t �
Qk 3' CL[YfRT
N
� �
o t�� �. ,�.
� �
�n�r
� � � �
O
` —
i
STORM DRAINAGE J
IMPROYEhf�SNTS EX�IIBIT -l�3�
FOR ,
HISTOBY MAKER HO�fES
STONE MANOR ADDIT'ION
._:._:._..:_:.':•--•-._.___.c_ -•�..-_•• -•--__._._.., NOR1ABddCB S1R6bTc_::....:::: �m::�
p,�.Knn_a.�..•... �ya: ;�:...�:.::� ::}s.�'s:e7=�t�s:_. ie-es.y �ia�.•-�.m
.. --�,7� _#�' ? �' r..
...ty �..r�, .•v _,1.a_.... �.� .' ��..;;�:�,•:=,••�:'�.t�L.«w'.�.,,, .:.�
,:
----:�: : �:-__ -- .- =.._ -� ��� �;�.�:��.. - -�_�: �._..�.�.��:���:�:
... , � . ,
.�� :i ��......�.�... _ � . ;... �.....�._.�. ..i.._�....1.....
��
(�xox 2a�' sa�cu�)
.._...._..�, �--.---....... ......
;; _.._. f::�__. ` ___ _.____..._. ....
...._ . _... _......._._......_...
...... .r...._ ---
_.._.__..� ;7L1�117a'PA78"' _'.
...:�_:.i' .. .. _.... � ..... .... .� r..;.
r... _;� �� . �. � .
,. ,
�... .... �, �-.___..._ ::�:: �l..::.�:..__._, .�::.._�_...�.-
_ ... � - . . . . ... .... ...:�
. ,�
� . ..._ .
� ..._. _..._._ .._ `..........._._... �....._._ ....._._...
�......_._�� __.. . .
, ., ( ..... �... ( .... i. i D� j.__•.�.
;......_..., i ���
;. . �� _.. ,. _; . _ .f .....f .._.
__ :..� � f � + f
� ��_
�
�
�
_.. _. ' ..----= -�--sar�,�t�Yr,�tt_ ''.i � _-- - � ,'- _. � J _ -- ;� i
_�`__.�j...1..__ � ..:i''�i�� ,, � "�•�. I
�_. _ � '�� =-�=: _��_ �, �: �sf �` �:..� %
► .._ ► ..._.I..._l_..1__� ._� �... ..�..._.....�.._ ��� ..,
f _ ..� .- , ..�� / _y ,
: _:_....;�..�r.� ____... �;>'�,��� �� :-__ -- �: w-� �:
j�- � _......._...__ -��-� ?i: ___._------- ._
. - � � �- ..,..__ , ,
.. . J:_r.�.: =.�_.��: .........-:��� �1_ _..__..�_:�: ._ .� �� _.._ ,
� f;,,T: _ _o�;.. ,_�, _ �� ,
�.....<''...._.. �..... �._._.!_..1. � � i_,.i.._.��._..�_...L....:.._•'� -.
�.
�
:_._ ....... ......._...._......_......__....._...._._...........__._._....__._.__..w.._..._._...___., .
;.
.�
�
�
�
,
STREET LIGHTING Cxttltsrt —Lr
FOR ,
HISTORY MAKER HOM�S
STONE MANOR ADDI'170N
� l�� it,��. c9 �3 y'�'p-,_ c�`, E�.t `
PROJflCT 710N �
+ W
traw�
�� �tp�
Mi�Gt ��
. �;
� *
� ;
.
.�
� -
� � .
. caumut
1 �au°� � $
��
� � ' .
41
�J�' �.
�
• �.Y.,
�
LOCATION MAP
N
��
o iso• .wo' �so'
� � � �
�
t• • ,�oo�
:�i.� ::.v[VYM✓�.w•.u��:aY.::1
^�._.._�._=._._ .�_�.'_.
;
��.
�
.��::_::� ...:: _...._.� _::_�`rorii�'Baeca srnasr �_�:._ - _..._..:::.-:.� =-._�»..'_:-=_ti:�_
Y}i��.'.••� �+�r+i�r..:^':.'��^�.:�`�"�}L'�.'�.'7:+_L�'{.'iebfJYfNr�flN,•lMtRqY;afrfe7,M.�,i'Y.'.:�;.� ^�',`'�}7�'.�.:
..:i.:_.�.^+�.�.....__. `-_�::.±,_..�..µ_�,_... _.`_, /� ...:_:.. .:.��, �'•�� �._._._.
, f�' � y } �: •:r. :�.. ��:___--�,
�......�� �;..�L... �.�. i.. t.._.L...t_.I....�.._ i`_�..i._ 1. �� ,..' �
; . _.__.t i � - . _ ... ._.�_ ..�..__�� �PA]�' � _-� .. _^._.-:t `IF... _.... �
f.....__.�� ;!�` � I .j. .�.. �^.. ... _. ir,.�N�. �
�'..-.._'i ii.,.. ....... i. �........ � , _t.. ... �.__... �
. ... ' I
�_ .. _�i ��:�..__.. _..... __....::�:.. �.._!_._.l...,!::...��.._..__�w_ f. --- �
�. _ �� �� :�.-.:�::.- �._ ;�;�D,�,. _ �� _
.. . �. ...... . � .
.� ..... .. . . �� .. �...�.
'� . �. �� � �i_ � 1 I � �! . !.. �.... �. ..�. ...... � ���,� ��
�° . ! _i. ..I.... f. ..' : t R - -
�...� _.�i �j i f j= i ft . f ..._. 4�• _ I
._....... , �I:.r<<-�:�set�a?pmtl�4r.:.�' `•;;� .......... ;: � �
:.. ..... �' - - :'1' `� , � �'" � ^� '
i( ��-- =:i; ;:i- :;�: yi, r ,�,�i J;.�� '/ �
r__`. � ,� y 1� � �.,,. . �`/ti.
.. , ; ...`. ,
�_...��� } __....._ .�._..1_. `:.r_......_._i..._ .�• Q Il/` ��'/ •
.:._ ..,. y ; .
� •�� ;...... ........ �............�ii ; .,:. ._....... ........_...
�::-.:_: �!( -.__.--,_._._ � :�,� :f�_.__._���__.__.. ::;��� ;
( .... "I! ��► .�..._..--�_ �E�-__�----- �_- _ �
, �-: �:: �. �.. � �..�__..._.::i,l .�_...........__���� ,.. .___ �
�.. ��;::�,^T:.:��.:,-`�p�-- ::;�,�. W.�; ;
� � � I ''y
�
I_._�:_....1.._�._i._..�. I � ....L._�..._l�... _�_� .-�' �:
. �.
i �
�_........._.._ ..................................._.._................._....._........._,......_.___,..__._ �
;�
L�
���
�
. .
�
STREET SIGN �ts�l� � c �.
FOR "
HISTOhY MAKER SOMES
STONE MAN.OR ADDITION
PRbJECT 7fON �
« �'
--�.,..,.
. .
�
��
' x
m,�,r.,� '
...'�"^ � a
.�.
�~ '
�
r � nuut
r,. .
�����'�
�� � .4.
Q �
��,� v
if�►.
LOCATION MAP
N
� �
o ��• � �•
� ' ' �
���
,• . ��
. ,.
�
COMPLETION AGREEMENT
This Comrpletion Agreement (hereinafter called the "Aereement") is made and entered into by and among
the City of Fort Worth (hereinafter called the "C��'), Metro Investment Group, a Texas General
Partnership (hereinafter called the "Develoner"), and Norwest (hereinafter called the "Lender"), effective as
of June 5, 1998. The Ciry, the Developer and the Lender aze hereinafter collectively called the "Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains approximately 35
acres that is located in the City, the legal description of which tract of real property is marked E�chibit A—
Leeal Descrintion, attached hereto and incotporated herein for all purposes (which tract of real property is
hereinafter called "Stone Manor Addirion"); and
WHEREAS, the Developer intends to develop Stone Manor Addition as an addition to the City;
and
WHEREAS, the Developer and the City have entered into a Community Facilities Agreement
relating to the development of Stone Manor Addition (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 Stone Manor
Addition (hereinafter 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 city for Hazd Costs (which term is hereinafter defined) subject to,
and in accordance with, the ternis, provisions and conditions of this Agreement; and �
WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which
term is hereinafter defin.ed) a security in.terest in all plans and spec�carions for the development of Stone
Manor Addirion (hereinafter collecrively called the "Plans"); and
WHEREAS, the Parties desire to set forth the terms and condirions of such accommodations as aze
described above.
`.
\.
NOW TF�EREFORE, 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 sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis
for this Agreement and they aze incorporated into this Agreement for all purposes.
2. The Com�lerion Amount. . The City and the Developer agree that the Hazd Costs
required to complete the Community Faciliries in the aggregate should not exceed the sum of One Million
Three Hundred Thirty-Eight Thousand Two Hundred Twenty-Five Dollazs and Forty-Three Cents
($1,338,225.43) (hereinafter called the "Complerion Amount"). Notwithstanding the foregoing, it is
acknowledged that the actual costs of complerion of the Community Facilities may vary as a result of
change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not
affect the Completion Amount as used herein.
3. Adiustments to the Comolerion Amount. The Lender will from time to rime make
advances to the Developer for the development of Sto�e Manor Addition under the development loan that
has been made by the Lender to the Developer for the purpose of fmancing the costs of constructing the
Community Faciliries of Stone Manor Addition (hereinafter called the "Loan") subject to, and in
accordance with, the terms, condirions and provisions of the Loan Documents (which term is herinafter
defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as spec�ed in
the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit B.
attached hereto and incoiporated herein for all purposes, with the Hard Costs (wluch term is hereinafter
defined) line items highlighted. The term "Hard Costs" shall mean the actual costs of construcrion and
installation of the Community Facilities. To the extent that advances under the Loan aze for the payment of
Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold
statutory retainage from any advances under the Loan or pursuant to this Agreement. All siich retainage
withheld, to the extent it is attributable to Hard Costs, shall also reduce the Complerion 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 Praperty Code upon expirarion of the
statutory retainage period.
COMPLETION AGREEMENT — Page 2
.`
�
�'o 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 Lender of any draw request containing requests for Hard
Costs to be advanced to the Developer, the Lender shall gave notice to the City setting forth the amount of
any Hard Costs to be advanced (the "Funding Norice"). The City will be deemed to have approved the
proposed advance of Hard Costs by the Lender, unless it so notifies in writing Lender that is objects to such
advancement of Hard Costs within three (3) business days of the receipt by the City of the Funding Notice.
If the City 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 respecrive inspectors
or consultants to cooperate and shall use their best reasonable efforts to settle any dispute over the
appropriateness of any advance of Hard Costs. The Developer acknowledges that the Lender's obligation to
fiznd advances under the Loan within a spec�ed 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 Parries and shall be rendered within 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. Comnletion bv the Develoner. The Developer agrees to complete the Community
Faciliries on or before the date for completion that is established in the Loan Documents plus thirty (30)
days (hereinafter called the "Completion Date"), in accordance with the CFA, the Plans that are approved
by the Lender and the City and all documents evidencing or securing the Loan (which documents are
hereinafter collectively called the "Loan Documents"). For the purposes of this Agreement, the
development of Stone Manor Addition sha�l be deemed complete upon acceptanr,e by the City of the
Community Faciliries. The City shall promptly notify the Lender and the Developer upon such acceptance.
5. Comnletion bv the Citv. In the event that either: (A) the development of Stone Manor
Addition is not completed by the Completion Date for any reason
COMPLETION AGREEMENT — Page 3
��
whatsoev�r, or (B) the Developer is in default under the Loan and the Lender notifies the City that the.
Developer is in default and, at the Lender's sole option, requests the City to complete development,
whichever sha�l first occur, then, the City may, at the cost and expense of the Developer, commence,
pursue and complete the installarion of the Community Facilities in a reasonably timely, diligent and
workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and
the Developer agree that the City may use the Plans as necessary to complete the Community Facilities.
Prior to the commencement of any work by the City, the City shall provide evidence of insurance
reasonably required by the Lender naming the Lender and the Developer as addirional insureds.
6. Advance of Comvlerion Costs to the Citv and Delivery of Hard Costs Collateral to the
C�. Upon the occurrence of either event described in paragraph 5 above, if the City elects within ten
(10) business days of the Complerion Date or norice from the Lender, as the case may be, to complete the
construction of the Community Faciliries, the Lender shali thereafter advance to the City any remaining
undisbursed Hard Costs specified in the Approved Budget relating to the Loan that are incurred by the City
in completing 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 instructs the Lender to make periodic advances of any
remaining undisbursed Hard Costs specified in the Approved Budget not to exceed the Complerion Amount
in increments paid to the City within the same time period specified in the Loan Documents after receipt of
advance requests meeting the requirements of the Loan Documents from the City of the Hard Costs
remaining to be drawn 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 reasonably acceptable
evidence of the Hard Costs spec�ed in the Approved Budget that have been incurred by the City. The City
shall use the funds advance for payment of such Hard Costs as are described in the advance request, and if
the City fails to do so, the Lender's obligation to fund addirional advances shall thereafter by terminated
and of no continuing force and/or effect. The City shall provide mechanic's and materialmen's releases as
may be reasonably requested by the
COMPLETION AGREEMENT — Page 4
..\\
Lender. Upon the request of the Ciry, the Lender may pay such advances directly to the suppliers and
contractors described in the advance request. .
If the City does not timely elect to complete the construction of the Community Faciliries, then the
Lender may at its election ternrinate this Agreement, and at its oprion, proceed to complete Community
Faciliries, foreclose on any of its collateral, or take any and all such action as may be provided under the
Loan Documents.
7. Comnletion bv 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, however, 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 is expends shall, dollar
for dollar, reduce the Completion Amount.
8. Easements. In the event the City or the Lender undertakes the completion of the
Community Faciliries, the Developer (and to the extent necessary the Lender) grants to the City and the
Lender open access to Stone Manor Addition and shall execute and deliver such temporary easements.over
and across the entire Stone Manor Addirion for the purpose of access and use for the completion of the
construction of the Community Facilities in accordance with this Agreement. To the extent requested by
the City and the Lender, written temporary construction easements in form acceptable to the City and the
Lender shall be executed by the Developer and filed of record. Nothing in this paragraph shall reduce any
rights of the Lender or obligarions of the Developer under the Loan documents.
9. Lender's Riehts. Nothing in this Agreement shall affect any portion of the Lender's
collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the collateral
as it elects in accordance with the Loan Documents.
10. Satisfacrion of the Citv Reauirements. The City agrees that the assurances and
covenants contained in this Agreement sarisfy all requirements of the City with respect to payment and
performance bonds or other requirements for security in connection with the development of Stone Manor
Addirion and the complerion of the Community Facilities that are contained in the CFA or in any other
agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in
COMPLETION AGREEMENT — Page 5
���
.�
lieu ther�,of. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of the
Agreement shall control.
11. Terminarion. This Agreement shall terminate upon the earlier to occur of the
following: (A) acceptance by the City of� the Community Faciliries; (B) mutual
written agreement of all of the Parties; or (C) the reducrion of the Completion Amount to
zero.
12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of
Stone Manor Addition until the Community Facilities aze substantially completed and all
Hazd Costs contractors have been paid, less retainage. 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 irnmediately file the fmal plat of Stone Manor
Addition in the Tarrant County Plat Records. The purpose of the City retaining the final
plat of Stone Manor Addirion as prescribed herein is to guarantee the Developer's
obligarions under the CFA.
13. Construcrion Contracts. The Developer agrees to include in all construcrion contracts
that it enters into for the completion of the Community Facilities the followi,ng:
(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 Stone Manor Addirion 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 Stone Manor Addirion, and
(D) A requirement that the contractor include in its subcontracts the statement
contained in (A), (B) and (C) above.
14. Miscellaneous.
(A) Non-Assienment of Aereement. This Agreement may not be assigned by any
of the Parties without the prior written consent of all the other Parties.
(B) Notice. Any notice required or pemutted to be delivered under this Agreement
shall be deemed received on actual receipt by the appropriate party at the following
addresses:
COMPLETION AGREEMENT — Page 6
`.
\.
(i) Norice to the City shall be addressed and delivered as follows:
CITY OF FORT WORTH
1000 THROCKMORTON STREET
FORT WOTH, TEXAS 76102
ATTENTION: RAQUEL VELASQUESZ,
ADMII�IISTRATIVE ASSISTANT
TELECOPY NUMBER: 817-871-8359
CONFIRMATION NUMBER: 817-8092
With a copy thereof addressed and delivered as follows: •
CITY OF FORT WORTH
100 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
ATTENTION: GARY STEINBERGER, ESQ.
ASSISTANT DISTRICT ATTORNEY
TELECOPY NUMBER: 817-871-8359
CONFIRMATION NUMBER: 817-871-7600
(ii) Notice to the Developer shall be addressed and delivered as follows:
�___.
METRO INVESETMENT GROUP
3939 GREEN OAKS BLVD. W., STE. 206
ARLINGTON, TEXAS 76016
ATTENTION: BRYAN N. MITCHELL
MANAGING PARTNER
T'ELECOPY NUMBER: 817-446-4686
CONFIRMATION NUMBER: 817-429-8008
(iu) • Norice to the Lender shall be addressed and delivered as follows:
NORWEST BANK TEXAS, N.A.
777 W. ROSEDALE, STE. 160
FORT WORTH, TEXAS 76104
ATTENTION: FRAN MCCARTHY
TELECOPY MJMBER: 817-267-9206
CONFIRMATION NIJMBER: 817-348-4151
�'�
.
�..
COMPLETION AGREEMEIVT — Page 7
15. A party may change its address for notice upon prior written norice to the other parties
pursuant to the terms hereof.
(C.) Texas Law to Avvlv. 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 an inure to the benefit of the
Parties and their respective legal representatives, successors and assigns.
(E) Leeal Construcrion. 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 Aereements Suoerseded. This Agreement constitutes the sole and only
agreement of the Parties with respect to the subject matter hereof and supersedes any prior
understandings or �vritten or oral agreements among 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 his Agreement.
(H) Headin�s. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substanrive matters to be considered in
construing the terms and provisions of this Agreement.
COMPLETION AGREEMENT — Page 8
'`�
\
e
Executed by the Parties to be effective as of the date first stated above.
APPROVED AS TO FORM AND LEGALITY THE CITY OF FORT WORTH
/ Q
BY� ��"� BY: �.rtsy. /�i
11 �
Name: �*%�� 5�1� ���.
1
Title: � T � � ��
METRO INVESTMENT GROUP
A Texas C
i�
Name:�4�wo �. �_ 7_�W� r�
Title: ��� l�,�L ��-v
O (/
�
E
N4RWEST BANK TEXAS, N.A.
B ?'i /
Y•
Nam Fran McCarthv
Title: Sr. Vice President
.
COMPLETION AGREEMENT — Page 9
� .
Metro Investment Group, the Guarantor of the Development Loan, is executing this' Completion
Agreement for the sole purpose of aclaiowledging that advances that are made by the Lender pursuant to
this Completion Agreement shall be deemed to be advances that aze made under the Loan which shall be
subject to and covered by the Loan Documents and the Guazanty Agreement that was executed by Metro
Investment Group.
METRO INVESTMENT GROUP
A Texas General Partnership
By:
Bryan itchell; Managing Partner
,` .
COII�IPLETION AGREEMENT — Fage 10
LIST OF E��FiIBITS TO TI� COMPLETION AGREEMENT
BY AND AMOUNG THE CITY OF FORT WORHT,
ME3R0 I�iVESTMENT GROUP
AND NORWEST BANK, N.A.
EXHIBIT A - LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
LiST OF EXHIBITS — Page Solo
�,u��.i��.�.v�v�. v .�.i.i�r... �.�� .�� ...�. �..� -.......
HXHIBTT A
� . ►. ;.: , • � •..
� - .. . � � � .� � . . � . _ ., � . . .. ....
0
BEING a 2&.383 acre troct of fcnd situoted in the EL! W. SNRIVER SURYEY� Abstrpcf NQ. 1455,
City of Fort Worih� To�ront Covnfy. Texas, ond being o porflon of the romo+nder of a!1 thot
certalR Lot. Tracf or Parcet ol lond e4n,rayed to 8aach/rarrant Parkway. LTD. os recorded in
yolumt 1Z266, Poge J2t2, 4.R.T.C.T. ond being more porticula�/y described os foAows;
BEGINNINC vt o t/2' iton rod fourrd. soid irw+ rod being nt the r'nfersection of the exJstrag �osf
R.O.W. lirre of North Beoch Sfinet ond th� exiatiag Souff+ R.O.W. line ot Shiver Road;
Thence alarrg ezisting Soufh R.O.W. Gne ot Shiver Road S 89 deg�ees 25 minufas 3i secortds E,
1262.06 feef to o poinf for comer. said poinf 6eing a 5/8" iran rod found ir� the wesf Property
L;ne of ihe TRA(.'F R1DGE /1UlNTtON;
17hertce olorrg !hm west Proputy L;Re af ihe iR�4CE RIpCf ADO1T10N S OQ degrees 04 m;nufes 57
secortds E, 14.80 feef to 0 1/Z" irorr rod set for Proposed it.O.W. dedicotion� fhen confi�uin�
965.4� feet' to o f/2~ ifOR !Od Stf %f COfRQf, lar c tota� distoace oi 980.24 feet;
Thence N 89 degrees 21 ininutes 08 seconds W, 1223,4? /eef to c J/2" irorr rod sef to�
Proposed R.O.W. ded�catr'on, fhen confu�uic�q 39.4J feet to 0 1/2" iran rod sei for comer. said
t/2` iren rod being in fhe ax;slFir� Easf R O.W. of North 6each Street, far o fotat distonce of
12s2.85 feef:
Thence N QO degrees Q2 minutes f5 secands W, 978.62 leet along the Eost R.O.W. line of
No�th 8eoch Streef to the PO�NT OF 8£CENNlNG, ond containing 1,236,401 squor+s fest, ar
2�.i83 ecres of lond, more or (ess.
�
. , ��„� r r-,_.... __,._.�...._, . _....._. ._ . „�_.., , .,. •.• . - . . , • -
� K
�
LIST OF EXHIBITS — Page Solo
EXHIBIT B
Secrion I
Water
Sewer
Construction Inspection 2%
Sub-total
Section II .
Interior Streets
Construcrion Inspection 2%
Assessment Paving (Beach Street)
Storm Drains
, Cons�ucrion Inspection 2% _
Sub-total
Secrion III
Street Lights
Design
Sub-total
Section N
Street Signs
TOTAL
'��
,
$
$
$
$
193,058.66
219,032.16
8.241.82
420,332.64
563,562.34
11,271.25
161,050.00
132,656.08
2,653.12
871,192.79
$ 42,000.00
4.000.00
$ 46,000.00
$ 700.00
$ 1,338,225.43
0
City of Fort Worth, Texas
�1►�Ayar And Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
11/23/99 C-17763 20MANOR 1 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH METRb IiVV�STMENT GROUP, A
TEXAS GENERAL PARTNERSHIP, FOR THE INSTALLATION OF COMMUNITY
FACILITIES FOR STONE MANOR ADDITION
•���� ►�; •
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Metro Investment Group, a Texas General Partnership, for the installation of
community facilities for Stone Manor Addition.
DISCUSSION:
Metro Investment Group, a Texas General Partnership, and the developer of Stone Manor Addition, has
executed a proposed contract for community facilities to serve a single-family (146 lot) development
located in northeast Fort Worth (south of North Beach Street, on the southeast comer of North Beach
and Shiver Road). This development is located in COUNCIL DISTRICT 4.
This Community Facilities Agreement is in compliance with standard City policy. This project will
require approximately 966 linear feet of sidewalk along North Beach Street.
ESTIMATED COSTS:
. . �
Street Improvements
Construction
Design Engineering
Engineering and Administration
Storm Drain Improvements
Construction
Design Engineering
Engineering and Administration
Street Name Signs
SUBTOTAL
Future Improvements
TOTAL PROJECT COST
Develo�er
$397,671
-0-
7,953*
132,656
-0-
2,653*'`
880
541,813
197.511,
$739,324
�IC
-0-
-0-
$19,884
-0-
-0-
9,286
-0-
29,170
77•578***
$106,748
Total
$397,671
-0-
27,837
132, 656
-0-
11,939
880
570,983
275.089
$846,072
* 2% Construction Inspection - Street Improvements
'`* 2% Construction Inspection - Storm Drain Improvements
. �'ity of Fort Wo�th, Texas
�1►��yar�- And C.aunc�l .C.�mmun�cAt�an
DATE REFERENCE NUMBER LOG� NAME PAGE
1-1/23/99 C-17763 I -�`OMANOR I 2 of 2
SUBJECT COMMUNITY FACILI7IES 'AGREEMENT WITH METRO "1NVESTMENT GROUP, A
` T�XAS GENERAL PARTNERSHIP; F��F� � THE INSTALLATION OF COMMUNITY
FACILITIES FOR�STONE MANOR ADDITION
*** Under terms of this agreement, the developer's share of future improvements will b� submitted p�ior
to execution of this agreement. Contributions from future developers will be collected as agreements
for these properties are �executed�. Tfie City will provide funds for its share of any future improvements
at the time a contract is awarded for the construction of these improvements.
The street lights will be installed and maintained by Tri-County Electric. The developer will pay Tri-
County Electric the costs of maintenance and the electric bill in the first 24 months.
On F�ebruary 24; `1999, the� Plan �Commission approved� application �for preliminary �plat �PP 99001).
�inal plat�(FP 99059) has been submitted'to City�staff for review. � �
. . � - . .
FISCAL INFORMATION/CERTIF�CATION: � �
The Fi►�ance Director certifies tk�at funds are _available i�1 the current capital budget, as appropriated,: of
the Street Improvements Fund.. � • �
MG:k
m
Submitted for City Manager's
O�ce by:
Mike Groomer' � 6140
Originating Department Head:
Hugo Malanga
Additional Information Contact:
Hugo Malanga
FUND I ACCOUNT
(to)
7801 (from)
C115 541200
7801
CENTER I AMOUNT
020115095215 $29,170.00
.. I CITY SECRETARY
� ; APPR��E�
, � � C1TY COUNCIL
� NOV 2s 1999
_. ���'�
� Seeres:rg at t3�
(� of Fost WorF��,. Taxa�