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HomeMy WebLinkAboutContract 47908 Cl a Y SECRETAW CONTRACT NO. COMPLETION AGREEMENT This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City') and Bloomfield Homes, L.P., a Limited Partnership, authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 16.38 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP 15-116 ; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Watersbend North Phase 3 for Paving, Water, Sewer, Drainage, Street Lights and Street Signs ('Improvements'")-, and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs (as shown on Exhibit"B")required to complete the Community Facilities in the aggregate should not exceed the sum of One Million Five Hundred Sixty Three Thousand Thirty Eight Dollars and Five Cents ($1,563,038.05), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of City of Fort Worth, Texas Standard Completion Agreement—Self-Funded RECEIVED CFA Official Release Date: 07.01.2015 OFFICIAL RECORD Page 1 of 10 CITY SECRETARY JUN 21 2016 FT.WORTH,TX -T!nF FORTW07`' 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. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion 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 lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or(b) mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 2 of 10 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman"s liens, C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non-Assignment of Agreement. 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 permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning & Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: CFA Division Julie Westerman, Development Manager Email: Julie.Westerman cL;fortworthtexas.gov Confirmation Number: 817-392-2677 and/or CFA Division Email: CFAs_fortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black, Assistant City Attorney Confirmation Number: 817-392-7615 City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 3 of 10 (ii) Notice to the Developer shall be addressed and delivered as follows: Bloomfield Homes, L.P. 1050 E. Hwy 114, Suite 210 Southlake, TX 76092 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 4of10 Executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH: DEVELOPER: Bloomfield Homes, L.P., By: Bomfield Prop e iLnc-, r Jesus J Chapa Name: Donald J. ykst Assistant City Manager Title: President Date: Date: A 7 Approved as to Form & Legality: Assistant City Attorney "I(l ica ATTEST: ®(` ORS, ar J. vy , ;City Secr M&C: N Ia X���� Date: p+ " 1295 : N14- City of Fort Worth, Texas Standard Completion Agreement- Self-Funded OFFICIAL RECORD CFA Official Release Date: 07.01.2015 CITY SECRETARY Page 5 of 10 FT. WORTH' TX LIST OF EXHIBITS ATTACHMENT "1"-CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 6 of 10 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement None. City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 7 of 10 EXHIBIT A LEGAL DESCRIPTION BEGINNING at a 5/8" rebar capped Dunaway found in the west line of Evening View Drive (60' R.O.W., Cabinet A, Slide 9501 & Cabinet A, Slide 11577, Plat Records, Tarrant County, Texas) at the southeast comer of Lot 15, Block 23 of the final plat of Fossil Hill Estates, Lot 15, Block 23, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 9501, Plat Records, Tarrant County, Texas; THENCE along the west right-of-way line of said Evening View Drive, as follows: S 00°27'35" E, a distance of 427.97 feet to a 1/2" rebar capped Goodwin & Marshall set (hereafter referred to as 1/2" rebar capped set) at the beginning of a tangent curve to the left, having a radius of 380.00 feet; Southeasterly, along said curve, having a central angle of 10°05'54", an arc distance of 66.98 feet, and a chord that bears S 05°30'32" E, 66.89 feet to a 1/2" rebar capped set at the end of said curve; S 10°33'29" E, tangent to said curve, a distance of 51.99 feet to a 1/2" rebar capped set at the beginning of a tangent curve to the right, having a radius of 320.00 feet; Southeasterly, along said curve, having a central angle of 10°05'54", an arc distance of 56.40 feet, and a chord that bears S 05°30'32" E, 56.33 feet to a 1/2" rebar capped set at the end of said curve; S 00°27'35" E, tangent to said curve, a distance of 159.63 feet a 1/2" rebar capped set; S 44°32'25" W, a distance of 14.14 feet a 1/2" rebar capped set; S 00°27'35" E, a distance of 30.00 feet a 1/2" rebar capped set at the intersection with the north line of Magma Drive (30' R.O.W. Cabinet A, Slide 11577, Plat Records, Tarrant County, Texas, being a reentrant corner of the final plat of Fossil Hill Estates, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 11577, Plat Records, Tarrant County, Texas; THENCE S 89032'25" W, along the north line of said Magma Drive, a distance of 894.69 feet (plat 849.48 feet) to a point in Wagley-Robertson Road (R.O.W. varies) at the southwest corner of said Bloomfield Homes Tract V and the northwest corner of said final plat of Fossil Hill Estates; THENCE N 00017'35" W, within said Wagley-Robertson Road, along the west line of said Bloomfield Homes Tract V, a distance of 801.53 feet to a point in the south line of said final plat of Fossil Hill Estates, Lot 15, Block 23 at the northwest corner of said Bloomfield Homes Tract City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 8of10 V; THENCE N 89032'25" E, departing said Wagley-Robertson Road, along the south line of said final plat of Fossil Hill Estates, Lot 15, Block 23 and the north line Bloomfield Homes Tract V, a distance of 882.40 feet to the POINT OF BEGINNING and containing 16.380 acres of land. City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 9 of 10 EXHIBIT B APPROVED BUDGET Section I Water $231,154.75 Sewer $178,877.00 Sub-total $410,031.75 Section 11 Interior Streets $753,450.30 Storm Drains $310,456.00 Sub-total $1,063,906.30 Section III Street Lights 89,100.00 Sub-total $89,100.00 TOTAL $1,563,038.05 City of Fort Worth, Texas Standard Completion Agreement— Self-Funded CFA Official Release Date: 07.01.2015 Page 10 of 10