Loading...
HomeMy WebLinkAboutContract 49536 3 4 $6 N RECE���� o p,�G 2 2p11 CITY SECRETARY jt a CONTRACT NO. �o COMPLETION AGREEMENT— SELF FUNDED Completion Agreement("Agreement"), is made and entered into by and between the sb � z City of Fort Worth,("City")and Bloomfield Hames,L.P.,a Texas 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 34.354 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 16-04B or FS<Number>; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Watersbend North 4B for Water, Sewer, Pawing, Storni Drain,and Street Lights ("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 Two Million Six Hundred Steen o sand:;Seven Hundred Dollars ($2,616,,700.00), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community City of Fort Worth, Texas Standard Completion Agreement—Self-Funded KFT. L RECORD CFA Official Release Date: 07.01.2015 ECRETARY Page 1 of 10 RTH,TX 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@fortworthtexas.gov Confirmation Number: 817-392-2677 and/or CFA Division Email: CFAkfortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 3of10 City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black Assistant City Attorney Confirmation Number: 817-392-7615 (ii) Notice to the Developer shall be addressed and delivered as follows: Bloomfield Homes,L.P. 1050 E. Hwy 114,Ste 2110 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. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 4of10 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 5 of 10 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: Bloomfield Properties, Inc., E-=-Ud -- d SCcs Assistant City Manager o Name: Donald J. Dy tra / Title: President Date: Approved as to Form & Legality: Date: b� rr Richard A. McCracken 0/1-147 Assistant City Attorney ATTEST: O�FORT�O Mary f. Kayse City Secretary U M&C: 0A Date: reov, 17-15'. N/14- City of Fort Worth, Texas Standard Completion Agreement- Self-Funded OFFICIAL RECORD CFA Official Release Date: 07.01.2015 CITY SECRETARY Page 6 of 10 FT.WORTH,TX Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY 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 7 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 8of10 EXHIBIT A LEGAL DESCRIPTION All of a tract of land situated in the Henry Robertson Survey,Abstract No. 1259, City of Fort Worth, Tarrant County, Texas,being a portion of Tract I as described in deed recorded in D215281478, Deed Records, Tarrant County,Texas and being more particularly described as follows: BEGINNING at a 1/2" rebar capped Goodwin & Marshall set(hereafter referred to as 1/2" rebar capped set) at the southeast corner of the final plat of Fossil Hill Estates(Phase 2), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 10239, Plat Records, Tarrant County, Texas(PRTCT), said point lying in the west line of Trails of Fossil Creek(Phase 1), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in D205157410, PRTCT, being the most easterly northeast corner of said Bloomfield Homes Tract 1; THENCE S 0026'56" E, along the west line of said Trails of Fossil Creek(Phase 1), at a distance of 664.97 feet passing the northwest corner of the platted terminus of Baltic Drive (50'R.O.W.), at a distance of 714.97 feet passing a 1/2" rebar found at the southeast corner of the platted terminus of said Baltic Drive,the southwest corner of said Trails of Fossil Creek(Phase 1) and the northwest corner of the final plat of Trails of Fossil Creek(Phase 2A-1),an addition to the City of Fort Worth,Tarrant County, Texas as recorded in D213066765,PRTCT, at a distance of 1490.41 feet passing the northwest corner of the platted terminus of Magma Drive (60'R.O.W.), continuing a total distance of 1554.40 feet to a 1/2" rebar capped set at the southwest corner of platted terminus of said Magma Drive, being the southwest corner of said Fossil Creek(Phase 2A-1)and the northwest corner of the final plat of Fossil Creek(Phase 2A-2), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in D214098479,PRTCT, from which a 1/2" rebar capped JBI found at the southwest corner of a tract of land as described in deed to Pulte Homes of Texas, L.P.,recorded in D212269394, Deed Records, Tarrant County, Texas bears S 0026'56" E, 1424.17 feet; THENCE across said Bloomfield Homes Tract I, as follows: Southwesterly, along a non-tangent curve to the right,having a radius point that bears N 19146'29" W, 306.56 feet,a central angle of 1918'48", an arc distance of 103.33 feet, and a chord that bears S 79152'55" W, 102.85 feet to a 1/2"rebar capped set at the end of said curve; S 89132'25" W,tangent to said curve, a distance of 910.82 feet to a 1/2"rebar capped set at a right-of-way clip corner in the east right-of-way line of Evening View Drive(60'R.O.W.per Cabinet A, Slide 11577 & Cabinet A, Slide 9501,PRTCT and partial abandonment per Ordinance No. ); THENCE along the east line of said Evening View Drive, as follows: City of Fort Worth,Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 9 of 13 N 0027'35" W, a distance of 60.00 feet to a 1/2" rebar capped set at a right-of-way clip corner; N 4527'35" W, a distance of 14.14 feet to a 1/2"rebar capped set at a right-of-way clip corner; N 0027'35" W, a distance of 159.63 feet to a 1/2" rebar capped set at the beginning of a tangent curve to the left,having a radius of 380.00 feet; Northwesterly, along said curve, having a central angle of 1005'54", an arc distance of 66.98 feet, and a chord that bears N 0530'32" W, 66.89 feet to a 1/2" rebar capped set at the end of said curve; N 103329" W,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; Northwesterly, along said curve,having a central angle of 1005'54", an arc distance of 56.40 feet, and a chord that bears N 0530'32" W, 56.33 feet to a 1/2" rebar capped set at the end of said curve; N 0027'35" W,tangent to said curve, a distance of 1178.10 feet to the northeast corner of said Evening View Drive as set out in Cabinet A, Slide 9501, PRTCT, said point lying in the south line of aforementioned Fossil Hill Estates (Phase 2), from which a 1/2" rebar capped found bears S 8932'25" W, 0.3 feet; THENCE departing the east line of said Evening View Drive, along the south line of said Fossil Hill Estates(Phase 2), as follows: N 8932'25" E, a distance of 892.41 feet to a point for corner in the east right-of-way line of Hidden Ford Drive (50'R.O.W.), from which a 1/2" rebar capped found bears N 2135 E, 0.2 feet; S 0027'35" E, along the west right-of-way line of said Hidden Ford Drive, a distance of 10.00 to a 1/2" rebar capped set at the southwest corner of the platted terminus of said Hidden Ford Drive; N 8932'25" E, at a distance of 50.00 feet passing the southeast corner of the platted terminus of said Hidden Ford Drive, continuing a total distance of 150.05 feet to the POINT OF BEGINNING and containing 37.638 ACRES OF LAND. SAVE& EXCEPT FROM THE 37.638 ACRE TRACT DESCRIBED ABOVE,THAT CERTAIN 3.284 ACRE TRACT OF LAND DESCRIBED AS FOLLOWS: BEING a 3.284 ACRE tract of land situated in the Henry Robertson Survey,Abstract No. 1259, City of Fort Worth, Tarrant County, Texas,being a remainder portion of a tract of land as described in deed to WEST.COMM. INVESTMENTS,L.P., recorded in Volume 13956, Page 419,Deed Records,Tarrant County, Texas, and being more particularly described as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 10 of 13 COMMENCING at a 1/2" rebar capped Goodwin&Marshall set(hereafter referred to as 1/2" rebar capped set)at the southeast corner of the final plat of Fossil Hill Estates (Phase 2), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 10239, Plat Records,Tarrant County,Texas(PRTCT), said point lying in the west line of Trails of Fossil Creek(Phase 1), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in D205157410,PRTCT, being the most easterly northeast corner of said Bloomfield Homes Tract I; THENCE S 0026'56"E, along the west line of said Trails of Fossil Creek(Phase 1), at a distance of 664.97 feet passing the northwest corner of the platted terminus of Baltic Drive (50'R.O.W.), at a distance of 714.97 feet passing the southwest corner of the platted terminus of said Baltic Drive,the southwest corner of said Trails of Fossil Creek(Phase 1)and the northwest corner of the final plat of Trails of Fossil Creek(Phase 2A-1), an addition to the City of Fort Worth, Tarrant County,Texas as recorded in D213066765, PRTCT,continuing a total distance of 839.87 feet to a point, from which a 1/2" rebar capped JBI found at the southwest corner of a tract of land as described in deed to Pulte Homes of Texas,.L.P.,recorded in D212269394, Deed Records,Tarrant County, Texas bears S 0026'56" E,2138.71 feet(deed 2138.76 feet); THENCE S 89-32'25" W, departing the west line of said Trails of Fossil Creek(Phase 2A-1), across said Bloomfield Homes Tract I, a distance of 149.85 feet(deed 150.05 feet)to a 1/2" rebar capped Beasley RPLS No. 4050 found at the southeast corner of said West. Comm. Investments,L.P. 3.284 ACRE remainder tract, being the POINT OF BEGINNING of the herein described tract of land; THENCE along the lines common to said West. Comm. Investments, L.P. 3.284 ACRE remainder tract and said Bloomfield Homes Tract I,as follows: S 89-32'25" W, a distance of 317.86 feet to a 1/2" rebar capped Beasley RPLS No. 4050 found; N 002735" W, a distance of 450.00 feet to a 1/2" rebar capped Beasley RPLS No. 4050 found; N 89-32'25" E, a distance of 317.86 feet to a 1/2" rebar capped Beasley RPLS No. 4050 found; S 002735" E, a distance of 450.00 feet to the POINT OF BEGINNING and containing 3.284 ACRES OF LAND. LEAVING A NET ACREAGE OF 34.354 ACRES OF LAND City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 11 of 13 EXHIBIT B APPROVED BUDGET Section I Water $931,550.00 Sewer $369,900.00. Sub-total $801,450.00 Section II Interior Streets $1,18 ,5B.OU Storm Drains $482,92100 Sub-total $1,6701,503.110 Section III Street Lights $144;'747.QQ Sub-total $144,7747, QO TOTAL $2,616,700.00 City of Fort Worth,Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 10 of 10