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HomeMy WebLinkAboutContract 49631 S t CITY SECRETARY I CONTRACT NO. COMPLETION AGREEMENT—SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and 351 Develotnnent, LLC., a Texas Limited Liability Corporation, 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 11.109 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 017-048 or FS N/A; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Live Oak Creek,Phase 3B for Water, Sanitary Sewer, Pavin%&orm,Drain,&Sheet 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 seven-hundred four-thousand-six hundred,five and sixty- four Dollars ($704,605.64), hereinafter called the "Compief ount". 3458 Notwithstanding the foregoing, it is acknowledged that the actual 2 com of City of Fort Worth, Texas -:33 �o Standard Completion Agreement—Self-P d m CFA Official Release Date: 07.01.2015 BFFICIAL RECORD Page 1 of 12 CITY SECRETARY f y o Q FT, WORTH, TX o� y s ya 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 12 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 a�fortworthtexas.gov Confirmation Number: 817-392-2677 and/or CFA Division Email: CFA@fortworthtexas.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 3 of 12 City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black Assistant City Attomey Confirmation Number: 817-392-7615 (ii) Notice to the Developer shall be addressed and delivered as follows: 351 Development,-LLC. P.O.Box 1122 Argyle, TX 76226 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 4 of 12 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 12 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: 351 Develo n , LLC. TEStlS J G N'Af�} - Assistant City Manager Name: Sive Gee Title: Manager Date: � ^� � < Date: er Z� �4 Approved as to Form& Legality: Richard A. McCracken Assistant City Attorney ATTEST: OR � Mary J. Ka r _ City Secretary M&C: Date: _ �i�-- City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 OFFICIAL. RECORD Page 6 of 12 CIT' $La'C ETARy t T. WORTI1y 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 12 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement None _ City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Oficial Release Date: 07.01.2015 Page 8 of 12 EXHIBIT A LEGAL DESCRIPTION BEING a tract of land situated in the J.T. Allen Survey,Abstract Number 67,City of Fort Worth, Tarrant County, Texas,being a portion of that tract of land described by deed to W/J Haywire I, L.P., recorded in Instrument Number D206260623, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with plastic cap stamped"JBI"found at the northwest corner of Lot 1,Block MM,Live Oak Creek, Phase 2, Section 1, an addition to the City of Fort Worth recorded in Instrument Number D216081634, said County Records, being in the west line of said W/J Haywire I tract, being in the east right-of-way line of Haywire Ranch Road, an 80 foot right- of-way, recorded in Cabinet A, Slide 12888, said County Records; THENCE N 24012'l 0"E, 193.64 feet, with said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found,the beginning of a curve to the left; THENCE with said curve to the left, and said east right-of-way line, an arc distance of 96.74 feet, through a central angle of 04026'03",having a radius of 1250.00 feet, the long chord which bears N 21°59'08"E, 96.71 feet,to a 1/2 inch iron rod with plastic cap stamped"JBI"found, being the southwest comer of Lot 1, Block NN,Live Oak Creek, an addition to the City of Fort Worth,recorded in Cabinet A. Slide 12888, said County Records; THENCE S 65039'29"E, 102.95 feet, with the south line of said Lot 1,to a 1/2 inch iron rod with plastic cap stamped"JBI"found,the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 171.88 feet,through a central angle of 20°18'16",having a radius of 485.00 feet,the long chord which bears S 75°55'29"E, 170.98 feet to a 1/2 inch iron rod with plastic cap stamped"JBI"found,the southeast comer of said Lotl; THENCE N 00058'50"E, 150.99 feet,with the east line of said Lot 1,to a 1/2 inch iron rod with plastic cap stamped"JBI"found,the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 150.43 feet, through a central angle of 04015'23", having a radius of 2025.00 feet,the long chord which bears N 03°06'31"E, 150.40 feet, to a 1/2 inch iron rod with plastic cap stamped"JBI"found; THENCE N 05014'1 3"E, 22.45 feet,to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found, being the southwest terminus of Adam Ave, as shown in Live Oak Creek, an addition to the City of Fort Worth,recorded in Instrument Number D ,said County Records; THENCE with the west line of said Live Oak Creek,the following courses and distances: City of Fort Worth,Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 9 of 12 S 84045'4T'E, 50.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 86037'14"E, 422.89 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; N 89016'38"E, 168.77 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 00043'20"E, 110.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 44016'40"W, 14.14 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; S 0043'20"E, 50.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 45°43'20"E, 14.14 feet, to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 00043'20"E, 220.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 44°16'40"W, 14.14 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; S 00043'20"E, 50.00 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; S 45043'20"E, 14.14 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; S 00043'20"E, 111.41 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; THENCE S 89027'02"W, 563.50 feet,to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found,being the northeast corner of Lot 10, Block MM, Phase 2, Section 1, Live Oak Creek, an addition to the City of Fort Worth,recorded in Instrument Number D216081634, said County Records; THENCE S 89027'02"W, 59.90 feet,with the north line of said Phase 2, Section 1,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found,the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 334.34 feet,through a central angle of 24°43'05",having a radius of 775.00 feet,the long chord which bears N 78°08'28"W, 331.76 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON"found; THENCE N 65°46'55"W, 99.25 feet,with said north line, to the Point of Beginning and containing 483,929 square feet or 11.109 acres of land more or less. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 10 of 12 City of Fort Worth, Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 11 of 12 EXHIBIT B APPROVED BUDGET Section I Water $256,664.03 Sewer $266,722.16 Sub-total $523,386.19 Section II Interior Streets $509,230.75 Storm Drains $256,007.04 Sub-total $765,237.79 Section III Street Lights $0.00 Sub-total $0.00 TOTAL $1,288,623.98 City of Fort Worth. Texas Standard Completion Agreement—Self-Funded CFA Official Release Date: 07.01.2015 Page 12 of 12 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 CI'T'Y SECRETARY FT.WORTH,TX