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HomeMy WebLinkAboutContract 54334 Received Date: 08/24/2020 Received Time: 4:10 PM Developer and Project Information Cover Sheet: Developer Company Name: HT Hwy 114 Development LP Address, State,Zip Code: 1 2200 Ross Avenue Suite 4200 W,Dallas ,TX,75201 Phone&Email: 972-716-2914,dustin.davidsonAhines.com Authorized Signatory,Title: Robert W.Witte, Senior Managing Director Project Name: Tradition Central Phase I Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights. Project Location: 114 and Sam Reynolds Rd. Plat Case Number: Plat Name: Mapsco: Council District: CFA Number: CFA20-0004 City Project Number: 102510 OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY page 1 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] FT.WORTH,TX CSC No.54334 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager,and HT Hwy 114 Development LP ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the"parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Tradition Central Phase I("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project,Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements"); and WHEREAS,as a condition of approval of the Project,Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land,pay fees or construction costs,or meet other obligations that are not a part of this Agreement.; and WHEREAS,the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been accepted by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide City of Fort Worth,Texas OFFICIAL RECORD page 2 of 18 Standard Community Facilities Agreement CITY SECRETARY Rev.10/5/19[NPC] FT.WORTH,TX at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ® Exhibit A-1: Sewer ® Exhibit B: Paving ® Exhibit B-1: Storm Drain ® Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). City of Fort Worth,Texas Page 3 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors,or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. City of Fort Worth,Texas Page 4 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an oblige, in the amount of one hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight(48)hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed,and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. City of Fort Worth,Texas Page 5 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCLUDINGDEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN,PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERL Y SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS 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 INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR ERPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. City of Fort Worth,Texas Page 6 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees,and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office HT Hwy 114 Development LP City of Fort Worth 2200 Ross Avenue Suite 4200 W 200 Texas Street Dallas, TX, 75201 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 City of Fort Worth,Texas Page 7 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three(3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents,papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and City of Fort Worth,Texas Page 8 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors,and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys,have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. City of Fort Worth,Texas Page 9 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES. City,upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 27. Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 28. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. City of Fort Worth,Texas Page 10 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 30. Compliance with Laws,Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 31. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. 33. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder,and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 11 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] 34. Cost Summary Sheet Project Name: Tradition Central Phase 1 C CFA No.: CFA20-0004 City Project No.: 102510 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 189,383.00 2.Sewer Construction $ 355,524.50 Water and Sewer Construction Total $ 544,907.50 B. TPW Construction 1.Street $ 501,152.89 2.Storm Drain $ 81,942.00 3.Street Lights Installed by Developer $ 62,512.00 4. Signals $ - TPW Construction Cost Total $ 645,606.89 Total Construction Cost(excluding the fees): $ 1,190,514.39 Estimated Construction Fees: C. Construction Inspection Service Fee $30,625.00 D. Administrative Material Testing Service Fee $10,633.00 E. Water Testing Lab Fee $450.00 Total Estimated Construction Fees: $ 41,708.00 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 1,190,514.39 Completion Agreement=100%/Holds Plat $ 1,190,514.39 X Cash Escrow Water/Sanitary Sewer-125% $ 681,134.38 Cash Escrow Paving/Storm Drain=125% $ 807,008.61 Letter of Credit=125% $ 1,488,142.99 City of Fort Worth,Texas Page 12 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC) IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER ,/n?w ftoidoff Dana Burghdoff( g24,202 :42 CDT) R0,bgy-'4'-W. wa-h- Dana Burghdoff Robert W.Witte(Aug 21,202019:40 CDT) Assistant City Manager Name: Robert W. Witte Date: Aug 24,2020 Title: Senior Managing Director Date: Aug 21,2020 Recommended by: Evelyn Robe (Aug 21,202023:04 CD11 Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Richard A.McCracken(Aug24,2020 09:20 CDT) Contract Compliance Manager: Richard A.McCracken Sr.Assistant City Attorney By signing, I acknowledge that I am the person M&C No. /A responsible for the monitoring and Date: administration of this contract,including ensuring all performance and reporting Form 1295: N in requirements. 4oabongIl p4�FORp��O �O000 ATTEST: ° °°oo Ad Laurie Lewis T: Al.g��a o9�d Laurie Lewis(Aug23,202009:18CDT) Ova o=d ° °° Name: Laurie Lewis �Qn Title: Interim Development Manager Mary J.Kayser/Ronald Gonzales City Secretary/Assistant City Secretary OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY page 13 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] FT.WORTH,TX The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 14 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACIEMENT"I" Changes to Standard Community Facilities Agreement City Project No. 102510 None City of Fort Worth,Texas Page 15 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACHMENT "2" Phased CFA Provision City Project No. 102510 The improvements being constructed by Developer pursuant to this Agreement will connect to and be dependent upon improvements Developer is constructing under separate Community Facilities Agreements that have not been completed and accepted by the City. Water for the water lines installed pursuant to this Agreement will be supplied by the NS- III water line Developer will construct pursuant to a separate Community Facilities Agreement for City Project Number 102240 ("NS-III CFA"), which will flow through the water lines Developer is constructing in the Winding Meadows Drive to Service Tradition CFA, City Project Number 102307 ("Winding Meadows CFA"). The sanitary sewer installed pursuant to this Agreement will connect to and be dependent upon the sanitary sewer lines that will be constructed by Developer in the Tradition Central Phase IA Community Facilities Agreement, City Project Number 102508 ("Phase IA CFA"), and the sanitary sewer that will be constructed by Developer in the Tradition Central Phase 1 B Community Facilities Agreement, City Project Number 102509 ("Phase 113 CFA"). The roads being installed pursuant to this Agreement will connect to and be dependent upon the roads being constructed by Developer in the Phase IA CFA and the Winding Meadows CFA. The storm drains being installed pursuant to this Agreement will connect to and be dependent upon the storm drains being constructed by Developer in the Phase IA CFA, the Phase I CFA, and the Winding Meadows CFA. Based upon the forgoing, this Agreement shall be considered a "Phased CFA" and the provisions contained in this Attachment 2 shall apply to this Agreement. The improvements being constructed by Developer under the separate Community Facilities Agreements (NS-III CFA, Winding Meadows CFA, Phase IA CFA, and Phase 113 CFA) shall be defined as the "Parent Projects." The improvements being constructed by Developer under this Agreement shall be defined as the "Child Project." Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Parent Projects and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Projects that impact the design and construction of the improvements in the Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer having to remove and reconstruct the improvements at Developer's City of Fort Worth,Texas Page 16 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] expense. In addition, Developer understands and agrees that disputes may arise between Developer's contractors or their subcontractors relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors or disputes between contractors and subcontractors. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for Developer's decision to proceed with a Phased CFA. The City will not conduct a final inspection, record the final plat, or issue building permits for the Improvements being constructed pursuant to this Agreement until the final inspection, acceptance, and recording of the any final plats for the improvements being constructed pursuant to the NS-III CFA, the Winding Meadows CFA, the Phase IA CFA, and the Phase 1B CFA. Developer further understands and agrees that completion of construction of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. City will allow the water in the Brookfield Water Line, City Project Number 101500,to be used to test the water lines Developer is constructing pursuant to this Agreement. This water can only be used for testing purposes and shall not be used to temporarily or permanently supply water to the water lines constructed pursuant to this Agreement. After testing of the water lines being constructed pursuant to this Agreement is completed, the water valve between the Brookfield Water Line and the water main being constructed pursuant to the Winding Meadows CFA will be closed. BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL ECONOMICDAMAGESPROPERTYLOSS,PROPERTYDAIVIAGESANDPERSONAL INJURY, (INCLUDINGDEATI), OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TOANYANDALL ECONOMICDAIVIAGES,PROPERTYLOSS,PROPERTY DAMAGE AND PERSONAL INJURY(INCL UDING DEATI1)ARISING OUT OF OR IN CONNECTION WITH,DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER,AT ITS SOLE COSTAND EXPENSE,AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROMAND A GAINSTANYAND ALL CLAIMS(WHETHER ATLA W OR INEQUITI9, City of Fort Worth,Texas Page 17 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PR OPER TY L OSS, PROPERTYDAIVIAGES AND PERSONAL INJURIES INCL UDING DEATH LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAYRELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH,ITS OFFICERS, SERVANTS, OR EMPLOYEES. DEVELOPER: Ra46ertW. Wa-h- Robert W.Witte(Aug 21,202019:40 CDT) Name: Robert W. Witte Title: Senior Managing Director City of Fort Worth,Texas Page 18 of 18 Standard Community Facilities Agreement Rev.10/5/19[NPC] SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM Tradition-Central Phase 1C-CPN:102510 UNIT PRICE BID Project Item Information EOPC Estimate Bidlist Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value Item Measure Tradition Central Phase 1C Paving Facilities 1 3213.0101 6"ConcPvmt Residential 32 13 13 SY 11 044.667 $37.50 $414 175.00 2 3211.0501 6"Lime Treatment Residential 32 1129 SY 11 806.368 $3.25 $38 370.70 3 3211.0400 Hydrated Lime Material a 30 LBS./SY Residential 32 1129 TON 177.096 $180.00 $3I 87TI9 4 3441.4003 Furnislr/litstall Alum Sign Ground Mount City Std. 34 41 30 EA 5.000 $750.00 $3 750.00 5 9999.0001 D3-1 Street Name Signs 344130 EA 20.000 $250.00 $5 000.00 6 9999.0002 RI-I Stop Sin 34 41 30 EA 4.000 $750.00 $3 000.00 7 9999.0003 Connect to Ex.Pavement 00 00 00 LF 174.000 $20.00 $3 480.00 8 19999.0004.Remove End of Road Barricade 000000 EA 1 6.000 1 $250.00 $1,500.00 Tradition Central Phase 1C Paving Subtotal $501,152.89 Tradition Central Phase 1C Water 9 3311.0261 8"PVC Water Pie 33 11 12 LF 1,313 $40.00 $52 520.00 10 3305.0109 Trench Safe Water 3305 10 LF 1313 SL00 $I 313.00 11 3305.0003 8"Waterline Lowering 33'05 12 EA 1 $2,500:00 $2 500.00 12 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 0.30 $5 500.00 $1 650.00 13 3312.0001 Sid.Fire Hydrant Assembly w/6"Gate Valve&;Box 33 1240 EA 2 $4 500.00 $9 000.00 14 3312.0117 Connection to Existing 4"-12"Water Main 33 1225 EA 2 $1 200.00 $2 400.00 15 3312,2003 1"Water Service 33 12 10 EA 120 $1,000.00 $120,000.00 Tradition Central Phase 1C Water Subtotal $189,383.00 Tradition Central Phase IC Sewer 16 3331.4115 8"Sewer Pie 33 11 10,33 31 12 33 31 20 LF 3,097 $48.00 $148 656,00 17 3331.4116 8"Sewer Pie CSS Backflll 33 11 10 33 31 12 33 31 20 LF 60 $58.00 $3 480.00 18 3305.0109 Trench Safe Sewer 3305 10 LF 3,157 $2.00 $6 314.00 19 3301.0002 Post-CCTV Inspection 33 0131 LF 3,157 $3.50 $11 049.50 20 3339.1001 4'Manhole 33 39 10 33 39 20 EA 17 $4,800.00 $81 b00.00 21 330L0101 Manhole Vacuum Testing 330130 EA 17 $150.00 $2 550.00 22 3339,1003 4'Extra Depth Manhole 33 39 10 33 39 20 VF 25 $195.00 $4 875.00 23 3305.0113 Trench Water Stops 3305 15 EA 1 $250.00 $250.00 24 333 t.3101 4"Sewer Service 33 3150 EA 119 $750.00 $89 250.00 25 19999.0005 Connection to Existing 4%12"Sewer 33 1225 1 EA 1 5 1 S1,500MI $7,500.00 Tradition Central Phase 1C Sewer Subtotal $355,524.50 CIFY OF FORT\ORTII STANDARD HW PROW&U.-DEIELOPF.R Atl'ARDED PROTECTS TnJifim 1-1 Yh,.c IC-IN;M51a Fume-i,i d July 1,.21118 Pq.I uf2 M Q 43 Rid Pr-4 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM Tradition-Central Phase I-CPN:102510 UNIT PRICE BID Project Item Information EOPC Estimate Bidlist Description Specification Section No. Unit of Bid Quantity Unit Price Bid Value -Item Measure Tradition Central Phase 1C Storm Drain Facilities 26 3341.0201 21"RCP Class 111 3341 10 LF 78 $55.00 $4 290.00 27 3341.0205 24"RCP Class III 3341 10 LF 508 $60.00 $30 480.00 28 3305.0109 Trench Safety 3305 10 LF 586 $2.00 $1 172.00 29 3349.0001 4'Storm Junction Box 3349 10 EA 2 $4 500.00 $9 000.00 30 3349.5001 10'Curb Inlet 33 49 20 EA 10 $3 400.00 $34 000.00 31 9999.0006 Connection to Existing Storm End K Plug 00 00 00 EA 2 $1,500.00 $3,000.00 Tradition Central Phase 1C Storm Drain Subtotal $81,942.00 Tradition Central Phase IC Miscellaneous Improvements 32 2605.3012 2"CONDT PVC SCH 40 T 26 05 33 LF 647 $12.00 $7 764.00 33 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 1,941 $3.00 $5 823.00 34 3441.1637 Type 33A Arm 34 41 20 EA 9 $375.00 $3 375.00 35 3441.3201 LED Lighting Fixture R-2 34 41 20 EA 8 $850.00 $6 800.00 36 3441.3201 LED Lighting Fixture R-4 34 41 20 EA 1 $950.00 $950.00 37 3441.3302 Rdwy Ilium Foundation TY 3 5 6 and 8 35 41 20 EA 9 $1 200.00 $10 800.00 38 3441.3342 Rdwy Ilium TY 18 Pole 34 41 20 EA 9 $3,000.00 $27,000.00 Tradition Central Phase 1C Miscellaneous Subtotal $62,512.00 Bid Summary Paving Facilities Subtotal $501 152.89 Water Subtotal $189 383.00 Sewer Subtotal $355 524.50 Storm Drain Facilities Subtotal $81 942.00 Miscellaneous Facilities Subtotal $62,512.00 Total Bid $1,190,514.39 100%Payment Bond $15 000.00 100%Performance Bond $6 000.00 2-vein, 10046 Maintenance Bond $3,000.00 Grand Total $1,214,514.39 The bid is submitted by the entity listed below: Company: CONATSER CONSTRUCTION TX,L.P. By: BROCK HUGGINS Street Address: 5327 WICHITA ST. Print Name City,State,Zip Code: FT.WORTH,TX 76119 l Phone: 817.534.1743 Sixna re Title: PRESIDENT Date: 3/19/2020 Contractor agrees to complete WORK for FINAL ACCEPTANCE within Ift working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORT STANDARD CONMUMONBU)PROPOSA DF.TT.LOPERAW EDPROIECFS p¢ 2ot1 Tndilim-Cminl Phnu IC CPN:101510 F-Ruui,d luly 1,201. Be a0 Q 0 aid P-1 0 (\j i 0 CV AA UMGARNE Qo rv') N Limi LAKE RTH OR HI A E CI Y LIMI 0 OL JU TIN B USTI 0 k 84 < -11TI A TTY'- N 7 JUS—, 0 (2L < BILL OOK I 11 T U JOHN TH m y LAKE 0 m NOR c T _0 NOL S Catherine � Bran" NORTH n U ION LAK TH— LAKE n N Elizab cr w E U) O c S LIMIT -c n VHCHNHTY MAIP U "I NTS co n CPN 102510 -0 MAPSCO#641 D TRADHTH(ON 0 c\j CENTRAL ]PHASE RC 0 LOCATEDHN "I r) -9 CrFY OF FOR WORTH9 TEXAS cn APRIEL, 2020 PREPARED FOR.- PREPARED BY. Lo HINES WIN INTERESTS, LP GOOD 4 11ALL (D Lo 2200 ROSS AVENUE,S=420OW CIVIL ENGINEERS—PLANNERS—SURVEYORS Met DAUAS,TX 75201 2405 Mustang Drive,Grapevine,Texas 76051 "I ro(817)329-4373 (972)716-2903 U 35 ®�Y 2O - NOT DrumDUSTINGC INFRASTRUCTURE 6 a� 19 .._ gN B o K H TRADITION CENTRAL PHASE 3] �g � I CPN NI2809 CENTRAL]la]EIM E 1CC WATER ER 1GdalC7L1l1 Ill 1/pt9 ao "" 3e m f POST CEDAR DRIVE 0 CPN 102510 39 1 9 9 N 40 IL � n Po 0 ,/ N 2/ b Z m .. eLo4 E£E N BLOCK FFF 22 /3 l5 r F - 43 CO 49 uJ 41.YC ]111dE: 1" 3009 u I 13 P4 _ 10 12 23 GD 46 9 NOT E)aSTTNS IFRASTRUCTURE .e 97 a 27 0 TRADITION RASE B cm mxmm -- 9 49 cO �y Iy Bl-&:K EE£ B C EX 1L NS/l/ 5 50 ] 30 E( 12x NS111 WATER LINE. 51 fi 31 WATER PRESSURE O WATER LINE - 52 5 PLANE BOUNDARY NOT DUSTING IFROSTRUCTIfiE B O TRADITION CENTRAL PHASE IA EB 53 4 33 L CPN I025M Pa9E2 1 99 BL 59 FFF 3 5q Q 27 a II. 2 L 55 35 l 1 26 2B \J 36 NOT EMSTM IFRASTRUCTU E 15 29 21 TRADITION CENTRAL PHASE IA - E asEa CPN 102M 30 12 -- gaSL -- 21 rc 0 31 23 34 O 23 35 L 19 22 29 36 U 21 33 a NOT EIOSTTNS INFRASTRUCTURE __ z3 CENTRAL PHASE A 20 34 1] 32 CPN M25M O -- 26 BLOCK 1'Y u) 9 31 O BLOCK ZZ 3B 3fi L5 27 BLOCK YY ^ B 30 / BLOCK%% 37 H 39 J � 29 U 38 3 M 29 40 BL«KKK 2B IX NS111 0 40 '° 2' ATER LINE L / 3tt p Q 12 G2 1 92 I� 9 I 25 U 3 33 � 2 1-4 WATER PRESSURE 94 14 (n ro 39 BLOCK YY PLANE BOUNDARY C q5 6 23 13 LL 4B 5 U1 22 / B M 3B 9] 21 O 7 B Otl ZZ i BLOCK KK 9B 3 3] 20 fi Q5 99 2 3B B L A 4 50 TR 39 NOT E 05M INFRASTRUCTURE TRADTION CENTRAL PHASEIA 3 5/ CPN Kee 0 1 52 fixx N 53 59 u 55 56 5J� N5 59 60 0 J EX 1rNSII LEGEND Ex it R LINE WATER LINE B3X O NOT EMSTTNG IFRASTRUCTUIE WRIM MEADOWS DRIVE a� WIN K=07 PROPOSED NSIII WATER LINE s W EXISTING WATER LINE PREPARED BY- PREPARED G00DWIN! HMO INTERESTS, LP NOTE I �` �'�' � ALL WATER LINES SHOWN CMLENGINEERS—PLANNERS—SURVEYORS 2200ROSSAVENUE,SUTfE42OOW L 2405 Mustang Dram,Grapevine,Texas MW1 DALLAS, lA 75201 u) ARE 8" IN DIAMETER UNLESS Matro(SM3294=1 (972)716-2903 OTHERWISE NOTED 1 OF 5 --- ocK NOT E)WTM INFRASTRUCTURE 1021509 TRADM®� 37 3 , TRADITION CENTRAL PHASE B l� cm3A —POffC®ARDIRM CMNTRALlE HMIE X 3s H S1F,VaR IEXIEII IT"A-Il°' 40 /J 20 CPN IM510 /6 2, 0 " wg w N W 0 43 N /9 P3 Z (0) „ I _ ,3 w 24 0 45 3 p P 25 /� SCALE: /'� ����p'1 4I�I /4� 46< 26 47 9 P] Xy� '7 9A BOG(ffF V.l g 26 49 fiLOCK EEE 9 29 0 50 5 30 5/ fi 31 c� 4 OCK C 51 5 32 c NOT EIOSTTWO INFRASTRUCTUREn/>!I 3 53 33 O TRADMON CENTRAL PHASE IA cm 1025M n 49 54 3 34 O Pl L _ ��E/C 53 P 35 % PA Q 19 F,q�. 36 NOT D m WRAsTRucTuRE n a Po q9E/9p TRADITION CENTRAL PHASE IA ` 30 M MOM 22 V 20 ,O 23 31 23 39 35 Q 19 2P 32 � 19 33 9 36 fiLOL KK 33 2, 25/ 39 12 3) 20 ,6 Pfi U 9 35 3/ 3B 36 15 1] 37 fiLOCK ZZ 30 39 B OCK K H 29 � /] 19 39 3 /fi 29 90 2B 39 '� eiaoc yr 5 30 U 40 2] 4/ H 9, p 31 2fi O 42 9 32 L L 43 P A 33 BLOCK TT 7 29 Q Q p 94 39 p _ fi 13 /3 ggw 45 BLOCK ZZ / 46 5 35 22 9 H 47 4 36 21 L.L 4A 3 / 6 wgg O5 99 2 39 ,9 n S M _— FLOCK KK 50 _ 39 L 2 52 BL K%K 53 59 5A �5y A�TR�in�E 55 1'IV 5s 5l TR �N CCE AL PHASE IA 0 fi4X C� ^N 63X I 0 1-11 WIJIM NEADIM DRVE Y CPN 10M7 LEGEND . . . �S PROPOSED SEWER LINE PRBPARBD BY: PREPARED FOR. s S EXISTING SEWER LINE G OODWI HALL , f\ BES n rMMTS, LP 22M ROSS AVENUE,SUITE 42WW NOTE I CIVIL ENGINEERS-PLANNERS-SURVEYORS ALL PROPOSED SANITARY SEWER 2406 M"�"M�1 829 978�' DALI.AS,TX 75201 LINES SHOWN ARE 8' IN DIAMETER (972)716-2903 UNLESS OTHERWISE NOTED 2 OF 5 U D Q ������ NOT EXISTING INFRASTRUCTURE TRADITION CENTRAL PHASE IB CPN 102509 tC�PHASE C POST CEDAR� PAVING IE 17C"T' BLo B 9 CEEE CCPN 102510 W 21 0 0 z211 � N QD �3 _ SCALE: R" 300' 26 e ;z25 0 �® o Bc F a BLOCK-E 99 6 9 0 50 0 51 C 6 G FFCI NOT EXISTING INFRASTRUCTURE TRADITION CENTRAL PHASE IA CPN 102508 ° 3 O L 21 5 35 eg33,c 21 Q 252 6°"ase NOT EXISTING INFRASTRUCTURE I s TRADITION CENTRAL PHASE IA z o �"°se CPN 102508 P"Ase ie Q2135 zz 2 z4 p Bco L21 34 a 3a 3F U 5 e N 13 —CI „ 9 e 2e e n 2e <a Uo „ 3O 23 0� 10 3' es 0 2 oz n ® e e9 35 B w 21 �o B Bcoa:zz 23 5 11 U) 12 p s 21 zo C z ° LEGEND e 5 B—rc xx I 7zam„�._ � NOT EXISTING INFRASTRUCTURE TRADITION CENTRAL PHASE IA p CPN 102508 L a2 sa 55 11 5 1 51 0 PROPOSED"29 B-B ROADWAY 51 5 3 9 N W/ 50' R.0. W. 63x r— 6 H PCC PAVEMENT W/ 6 H O LIME-STABILIZED SUBGRADE NOT EXISTING INFRASTIR C RED p WINDING MEADOWS DRIVE --------- SIDEWALK BY HOMEBUILDER CPN 102307 o NO TE- NO ADA RAMPS WILL BE CONSTRUCTED IN THIS PHASE a� PREPARED BY: PREPARED FOR: c300Da HIKES INTERESTS, LP ifA1�SIf�AILIL 4 L CIVIL ENGINEERS—PLANNERS—SURVEYORS 2200 ROSSS TATV�ENUE,S=420OW In 2405 Mustang Drive,Grapevine,Texas 76051 DALLAS,TX 75201 Metro(817)329-4373 (972)716-2903 U 3OF5 FIE ®� 9 -3)-- 2 K3K NOT DOIO Nfi NTRASTRUCT1 8 a� TRADITION CENTRAL B Cm 1021509 CENTRAL PHASE 1O re 36 PDST CEDAR D� STORM DRA}�IIT�T]EXIE BIT""B-1" J9 CP IM510 .16_ fiLOG(EEE 19 IS U LU 4/ Hwn u AB 2/ O 5? S 92 n zz N 93 /2 13 N 3 94 3 24 /u, SCALE: {(��\��7���'q}� 9I�I (qI�I�I�II 95 V/ S lId illy E: I"" � 3`Y ' /O /1 25 /` 96 Q 9] p N 8 2) 7 98 BLOCK FFF 18 L1^ 9 / fi 49 O e 29 50 BLOCK E. ) JO 5 5/ 6 JI 9 OCM 52 5 32 � 3 NOT DUSTING INFRASTRUCTURE FRASTRUCTUiE )wf 53 9 33 TRADITION CENTRAL PHASE IA ,92 5, J 39 0 CPN IOZSOG L z) 2 35 Q 26 was J6 NOT DWTING INFRASTRUCTURE LL U 25' 29 11 E M TRADITION CENTRAL PHASE IA 30 22 CPN I025M c 24 20 PH48E M O 23 31 23 39 35 19 22 31 24 11 36 L BLOCK xx 33 H 11 25 32 14 3] U zo I6 � 35 3/ 39 3fi 5 2] IB 36 J9 (] 1 J] J 28 fiL0«xx BLOCK n BLOCK YY LL 36 / 19 90 I2 28 U ,5 30 40 g) 9I H (n 4/ p 3/ 1 26 O u ^ 42 I 9 32 p L.L I 25 93 8 I BLO«YY IQ O 33 L.L p 49 34 ll - 13 13 / 95a 95 6 BLOCKzz 35 w 4 5 21 1 8 n H 36 ]� 9] 4 21 L.L J 98 3 3] 6 20 -- O 99 2 5 38 M /9 a ao«xz 50 PR NOT DUSTING NFRASTRUCTM 1 L /] TRADITION CENTRAL PHASE IA 3 5/ 52 B CK xx 53 59 55 Sfi O 5] 58 59 60 CV 69X I_ 63X O NDT &IFR�TRUCTIIIE WINDING DRIVE 0 LEGEND )�ARMBY- PR� -AREDIFO L GOOD WIN! HMS INTERESTS, LP PROPOSED STORM DRAIN LINE MAUHAL L 9 ��/� CIVIL ENGINEERS-PLANNERS-SURVEYORS !.Il+VIJ ROSS `"'''�SUM r'420NW EXISTING STORM DRAIN LINE 24M Mustang Drive,Grapevine.Texas 7e1161 DAU AS,TX 75201 Metro(SM 329-43M 1 PROPOSED STORM DRAIN INLET (9721716-2903 c� 4OF5 11Rd"ilDMON N CENTRAL PHASE 6 CENTRAL PHASE I C 3l 2 3 CM IG2508 STREET LIGHTS 1 &STREET N A M SIGNS . —PCff CEDAR mRrVB I] ylWTq"C-1" a o CPN 102510 [2� O LU Iq N 91N Z � /3V LL6 93 w 2.3 __ BLOCK EEE I O 44 I 13 29 O SCALE: I¶��y 9I�I ',I}�I,�,I�II 95 S`OIl i1lL E: JL" � 3�0 " p 12 6 25 96 < /I 9 26 9] p B 2] O 9B BLOLK f}F ] 9 28 BLOCK E.M 49 B 29 Q 6 C s0 G 5 ] 30 c 0 9 8 OG< 2 52 5 32 O 3 3 NDT E10BTTNG SFRASTRUCT1IiE �1/�/qE 4 33 L 7RADnMN CENTRAL PHASE IA CPN loom 99 54 3 34 Q 21 W4gE 14 PI/y M 55 2 35 U % 28 D Nft 36 NOT EMSTING IFRAS'TRLICTM 25 29 21 E M TRADITION CENTRAL PHASE IA O 3O 22 Ai45f W CPN I02608 24 26 �4�M 23 3/ 23 39 35 � 5 2p 32 BL0C2:%% 24 33 � 36 U PS U I] 32 39 3] 20 33 6 3/ U) 9 38 36 21 /B 30 3] /4 39 / 1] 1B B OC ZZ 19 BLOCK YY 6 19 9O BLOCK xx /5 39 3O 2] 4/ H' ^ p 31 26 p Q LL 92 I 9 , 93 8 U 33 � PL�OCK YY 49 39 23 /3 5a 45 6 ELOf�ZZ 46 5 35 22 4 36 47 2/ O ] 48 3 3Jg 49 2 39 50 ZR 39NOT EMSTNG 6FRASTRUCT1ME Ip�y� TRADITION CENTRAL PHM IA 351 CPN 102M O 52 B CK xx53 54 5556 5]O / 63X U NOT EMSTINS IFRASTRUCT1miE LEGEND CPN owvE 0 i PMWARW BY: MEPARE D FOP- LIGHTPOLE GOODWIIN! M� 9 HINES INTERESTS, LP EXISTING LIGHT POLE CML ENGINEERS—PLANNERS—SURVEYORS 22M RO1S1S♦♦��AVENUE,SUM 42WW 2405 Mustang Drive. rapevine,Tema 78061 DL'11.61..t S, X 75201 Metro(817)829-497s (972)716-2903 i APROPOSED STREET NAME SIGN 5 OF 5 U COMPLETION AGREEMENT— SELF FUNDED This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and HT Hwy 114 Development, LP, a Texas Domestic 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 23.469 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-19-107 or FS<Number>; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Tradition Central Phase IC for Water, Sewer, Pavingr. Storm Drain, 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 One Million One Hundred Ninety Thousand Five Hundred Fourteen Dollars ($1,190,514.39), 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 Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 1 of 15 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 Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 2 of 15 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 Development Services 200 Texas Street Fort Worth, Texas 76102 Attention: CFA Division Janie Morales, Development Manager Email: Janie.Morales@fortworthtexas.gov Confirmation Number: 817-392-7810 and/or CFA Division Email: CFA@fortworthtexas.go Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 3 of 15 City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Richard A. McCracken Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: HT Hwy 114 Development, LP 2200 Ross Ave., Suite 4200 W Dallas, Texas 75201 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 Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 4 of 15 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 Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 5 of 15 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: HT Hwy 114 Development, LP Zima Dana Burghdoff(A g 24,202 :42 CDT) Rode�t W. Wcffe- Dana Burghdoff Robert W.Witte(Aug21,202019:40CDT) Assistant City Manager Name: Robert W. Witte Title: Senior Managing Director Date: Aug 24,2020 Date: Aug 21,2020 Approved as to Form &Legality: Richard A.McCracken(Aug 24,202009:20 CDT) Contract Compliance Manager Richard A. McCracken Assistant City Attorney By signing, I acknowledge that I am the person responsible for the monitoring and ATTEST: administration of this contract, including ensuring all performance and reporting requirements. 6 P�ff J. Kayser I-aurie I-ewis Mary Y Laurie Lewis(Aug23,202009:18CDT) City Secretary Laurie Lewis Interim Development Manager M&C: Date: City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 6 of 15 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 Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 7 of 15 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement None. City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 8 of 15 EXHIBIT A LEGAL DESCRIPTION WHEREAS, HT HWY 114 DEVELOPMENT LP, as owner of that certain lot, tract,or parcel of land, situated in a portion of the Guadalupe Cardin❑s Survey,Abstract No. 214, Denton County,Texas, being part of that certain called 396.67 net acre tract described as Parcel A in a deed to HT HY 114 Development LP recorded in Document No.2D19-131 14B of the Deed Records of Denton County, Texas (DRDCT),and being more completely described ❑s two tracts as follows,to-wit: TRACT J COMMENCING at ❑ P.K. nail found % th washer stamped"DUNAWAY"for the Northeast corner of said 396.67 acre tract, the Northwest corner of Payton Place, Phase One recorded in Cabinet N7 Page 266 of the Plat Records of Denton C❑unty,Texas (PRDCT), and being in the appr❑ximate centerline of Sam Reynolds Road,from which ❑F.K. nail found bears South DB deg.59 min. 19 sec. West-0.93 feet, and from which a P.K. nail found in the North line of said 396.67 acre tract,the Southwest comer of a called 10.546 acre tract described in ❑ deed to Marcos Valenzuela recorded in Document No. 201 4-1 5723 (DRDCT), and being in the approximate centerline of said Sam Reynolds Road bears South 89 deg.56 min. 15 sec. West-3,409.24 feet; THENCE South 89 deg.56 min. 15 sec.West along the North line of said 396.67 acre tract and the approximate centerline of said Sam Reynolds Road, ❑ distance of 2,752.83 feet; THENCE South 0D deg.D3 min. 45 sec.East departing said N❑rth line and centerline,a distance of 987.81 feet to a 112"capped iron rod set stamped "GOODWIN & ARSHALL", hereinafter referred to as 1/2" capped iron rod set, said point being the TRUE POINT OF BEGINNING.- THENCE South 17 deg.21 min. 14 sec.VVest,a dirt❑nce of 110.00 feet to❑ 112" capped iron rod set; THENCE South 62 deg.21 min. 14 sec.West,a distance of 14.14 feet to a 1!2" capped iron rod set; THENCE South 17 deg.21 min. 14 sec.West,a distance of 5D.00 feet to a 1 12" capped iron rod set; THENCE South 27 deg.38 min. 46 sec.East, a distance of 14.14 feet to❑ 112' capped iron rod set; THENCE South 17 deg.21 min. 14 sec.West,a distance of 230.0D feet to❑ 1!2" capped iron rod set; Page I of 6 E--�10720-Tradit n�CQGQkFPLAT�CENTRALPHA5E%PHA5EiC11072U-FP1ATPHI€-LGLdo City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 9 of 15 THENCE South 62 deg. 21 min. 14 sec. West, a distance of 14.14 feet to a 112" capped iron rod set; THENCE South 17 deg. 21 min. 14 sec. West, a distance of 50.00 feet to a 1 J2" capped iron rod set; THENCE South 27 deg. 38 min. 46 sec. East, a distance of 14.14 feet to a 1/2' capped iron rod set; THENCE South 17 deg. 21 min. 14 sec. West, a distance of 19.07 feet to a 1/27' capped iron rod set for a Point of Curvature of a circular curve to the left, having a radius of 525.00 feet, a central angle of 10 deg. 01 min. 44 sec., and being subtended by a chord which bears South 12 deg. 05 min. 20 sec. Nest- 96,34 feet; THENCE in o southerly direction along said curve to the Jeff, a distance of 96.48 feet to a 1!2"capped iron rod set; THENCE North 72 deg. 38 min. 46 sec. West non-tangent to said curve, a distance of 92.83 feet to a 112"capped iron rod set; THENCE North 75 deg. 27 min. 29 sec. West a distance of 62,50 feet to a 112' capped iron rod set; THENCE North 87 deg. 08 min. 17 sec. West, a distance of 62.50 feet to a 112" capped iron rod set; THENCE North 89 deg. 59 min. 01 sec. West, a distance of 300.00 feet to a 1!2" capped iron rod set; TH EN E South 03 deg. 24 min. 51 sec. West, a distance of 85.88 feet to a 1!2" capped iron rod set; TH EN F North 73 deg. 33 min. 49 sec. West, a distance of 303.28 feet to a 1!2" capped iron rod set; THENCE North 89 deg. 59 min. 01 sec. West, a distance of 249.00 feet to a 1 J2" capped iron rod set; THENCE North 00 deg. 00 min. 59 sec. East, a distance of 1 15.00 feet to a 1/2" capped iron rod set; THENCE North 45 deg. 00 min. 59 sec. East, a distance of 14.14 feet to a 112" capped iron rod set; Page 2 of 6 E-410720-Tradii5m�COGO'..FPL-%T%CENTRALLPMSE)JPH45E1VJwZD4 YPH1C-WLdoac City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 10 of 15 THENCE North 00 deg. 00 min. 59 sec. East, a distance of 50.00 feet to a 1/2' capped iron rod set; THENCE North " deg. 59 min. 01 sec. West, a distance of 14.14 feet to a 1/2" capped iron rod set; THENCE North 89 deg. 59 min. 01 sec. West, a dist❑nce of 50.00 feet to a 1/2" capped iron rod set; THENCE South 00 deg. 00 min. 59 sec. Westr a distance of 32.53 feet to a 1 J2" capped iron rod set; THENCE North 89 deg. 59 min. 01 sec. West, a dist❑nce of 125.00 feet to a 1!2" capped iron rod set; THENCE North 06 deg. 09 min. 30 sec. East, a distance of 60. 5 feet to a 112" capped iron rod set; TH EN E North 09 deg. 30 min. 18 sec. East, a distance of 60.83 feet to a 1 l2" cc pped iron rod set; THENCE North 12 deg. 11 min. 21 sec. East, a distance of 61.88 feet to a 112" capped iron rod set; THENCE North 04 deg. 58 min. 26 sec. East, a distance of 60.22 feet to a 1 l2" capped iron rod set; THENCE North 05 deg. 54 min. 35 sec. East, a distance of 85.41 feet to a 1/Z capped iron rod set; TH EN E North 27 deg. 23 min. 16 sec. East, a distance of 102.09 feet to ❑ 1/2' capped iron rod set; THENCE South 89 deg. 59 min. 01 sec. East, a distance of 900.00 feet to a 1/2" capped iron rod set; TH E MC E South 89 deg. 54 min. 06 sec. East, ❑ distance of 50.00 feet to a 112' cc pped iron rod set; THENCE South 87 deg. 84 min. 04 sec. East, a distance of 50.00 feet to a 1/2' capped iron rod set; Page 3 of 6 EA107M-Trodition�COGWPLAT�CENTRALFR SETHASEIC\107Z -FPLATPHiC-LGLdDcx City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 11 of 15 THENCE South 84 deg. 13 min. DD sec. East, a distance of 50.00 feet to a 1/2' capped iron rod set; THENCE South 80 deg. 51 min. 56 sec. East, a distance of 50.D0 feet to a 1/2' capped iron rod set; THENCE South 77 deg. 30 min. 52 sec. East, a distance of 50.D0 feet to a 1/2' capped iron rod set; THENCE South 74 deg. 10 min. 01 sec. East, a distance of 50.00 feet to a 112' capped iron rod set; THENCE South 72 deg. 38 min. 46 sec. East, a distance of 105.00 feet to the POINT OF BEGINNING, containing 751,677 square feet or 17.256 acres of land, more or less. TRACT 2 COMNVENCING at a P.K. no ill found with washer stamped "DUNAWAY"for the Northeast corner of said 396.67 acre tract, the Northwest corner of Payton Place, Phase One recorded in Cabinet M, Page 266 of the Plat Records of Denton County,Texas (PRDCT), and being in the approximate centerline of Sam Reynolds Road, from which a P.K. nail found bears South 08 deg.59 min. 19 sec. West-0.93 feet, and from which a P.K. nail found in the North line of said 396.67 acre tract, the Southwest corner of a called 10.546 acre tract described in a deed to Marcos Volenzuela recorded in Document No. 2014-157 3 (DRDCT), and being in the approximate centerline of said Sam Reynolds Rood bears South 89 deg, 56 min, 15 sec, West-3,409,24 feet; THENCE South 00 deg. 15 min. 21 sec. East departing said centerline and canfinue along the East line of said 396.67 acre tract, a distance of 1,33B.64 feet, from which a 1/2'' iron rod found in the East line of said 396.67 acre tract bears South DD deg. 15 min. 21 sec. East- 143.46 feet; THENCE South 89 deg. 44 min. 39 sec. West departing said East line, o distance of 1,886.62 feet to a 1l "capped iron rod set stamped "OOODWIN & MARS HALL", hereinafter referred to as 1/2" capped iron rod set, said paint being the TRUE POINT OF BEGINNING; THENCE South 00 deg. D3 min. 45 sec. East, a distance of 120.00 feet to a 11 " capped iron rod set; THENCE South 89 deg. 56 min. 15 sec. West, o distance of 69.81 feet to a 1!2" capped iron rod set; Page 4 of 6 EA10720-Trad it ion\COG WPLATWEN T RAL PH45E)PHASE 1M0720-FPLAT PH iC-�C L n ac• City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 12 of 15 THENCE South 00 deg. 03 min. 45 sec. East, a distance of 50.OD feet to a 1/2' capped iron rod set; THENCE South 45 deg. 00 min. 45 sec. East, a distance of 14.14 feet to a 1/27' capped iron rod set; THENCE South 00 deg. 00 min. 45 sec. East, a distance of 110.D0 feet to a 11 " capped iron rod set; THENCE South 89 deg. 56 min. 15 sec. West, a distance of 555.00 feet to a 1{2' capped iron rod set; THENCE north 85 deg. 06 min. 33 sec. West, a distance of 1 1 D.82 feet to a 1!2" capped iron rod set; THENCE north 82 deg. 29 min. 41 sec. West, a distance of 54,84 feet to a 1/2" capped iron rod set; THENCE north 79 deg. 56 min. 55 sec. West, a distance of 54,84 feet to a 1/ " capped iron rod set; THENCE North 77 deg. 24 min. 10 sec. West, a d[stun ce of 54.34 feet to a 11 " capped iron rod set; THENCE north 77 deg. D8 min. 54 sec. West, a distance of 54.53 feet to a 1{2' capped iron rod set; THENCE north 89 deg. 48 min. 37 sec. West, a d[stun ce of 54.02 feet to a 11 " capped iron rod set for a Point of Curvature of a non-tangent circular curve to the right, having a radius of 475.DD feet, a central angle of 12 deg. 58 min„5 sec., and being subtended by a chord which bears North 10 deg. 51 min. 49 sec. East- 107.89 feet; THENCE in a northerly direction along said curve to the right, a distance of 107.62 feet to a 1/2"co pped iron rod set;. THENCE north 17 deg. 21 min. 14 sec. East tangent to said curve, a distance of 19.07 feet to a 1/ "capped iron rod set; THENCE north 62 deg. 21 min. 14 sec. East, a distance of 14.14 feet to a 1/2' capped iron rod set; Page 5 of 6 E_\20720-Tradhdmn C060kFPLAT�CEHTRALPH45ETIIASE1MO72OfPLATPHIC-WLdocx City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 13 of 15 THENCE North 17 deg. 21 min. 14 sec. East, ❑ distance of 50.00 feet to a 112" capped iron rod set, THENCE North 27 deg. 38 min. 46 sec. West, a distance of 14.14 feet to a 112" capped iron rod set, THENCE North 17 deg. 21 min. 14 sec. East, a distance of 120.00 feet to a 11 " capped iron rod set, THENCE South 72 deg. 39 min. 21 sec. East, a distance of 65.19 feet to a 113" capped iron rod set, THENCE South 74 deg. 26 min. 39 sec. East, a distance of 53.13 feet to a 112' capped iron rod set, THENCE South 77 deg. 23 min. 25 sec. East, a distance of 57.55 feet to a 112" capped iron rod set; THENCE South 80 deg. 34 min. 19 sec. East, a distance of 55.34 feet to a 112" capped iron rod set, THENCE South 83 deg. 38 min. 09 sec. East, a distance of 55.34 feet to a 112" capped iron rod set, THENCE South 86 deg. 09 min. 1 1 sec. East, a distance of 55.36 feet to a 112" capped iron rod set, THENCE North 89 deg. 56 min. 15 sec. East, a distance of 575.51 feet to the POINT OF BEGINNING, containing 269,847 square feet cr 6.195 acres of land, more or less. Page 6 of 6 E-�10720-Tmd'f3�'-,COGO\FPL4T�CENTP;d1PHA5EWHASE1M 720-FPLATPHIC-LGLdo- City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 14 of 15 EXHIBIT B APPROVED BUDGET Section I Water $189,3 83.00 Sewer $355,524.50 Sub-total $544,907.50 Section II Interior Streets $501,152.89 Storm Drains $81,942.00 Sub-total $583,094.89 Section III Street Lights $62,512.00 Sub-total $52,512.00 TOTAL $1,190,514.39 City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 15 of 15