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Contract 57449
Received Date: 04/21/2022 Received Time: 1:50 pm Developer and Project Information Cover Sheet: Developer Company Name: 707 Avenue,LLC Address, State,Zip Code: 4148 Slick Rock Chase,Euless, TX 76040 Phone &Email: 972-979-3265,aloffe777(cyahoo.com Authorized Signatory,Title: Jamal Aloffe,Owner Project Name: Blue Lagoon Dream Addition Brief Description: Water, Sewer,Paving, Storm Drain and Street Lights Project Location: John T. White Road Plat Case Number: Plat Name: Mapsco: Council District: 5 CFA Number: CFA21-0147 City Project Number: 103231 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Page 1 of 16 Standard Community Facilities Agreement Rev.9/21 City Contract Number: 57449 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 707 Avenue, LLC ("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 Blue Lagoon Dream Addition ("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 out 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 exists between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. City of Fort Worth,Texas Page 2 of 16 Standard Community Facilities Agreement Rev.9/21 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide 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: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ❑X Exhibit B: Paving ❑X Exhibit B-1: Storm Drain ❑X 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 I — 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. City of Fort Worth,Texas Page 3 of 16 Standard Community Facilities Agreement Rev.9/21 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"). 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 City of Fort Worth,Texas Page 4 of 16 Standard Community Facilities Agreement Rev.9/21 (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. (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 obligee, 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. City of Fort Worth,Texas Page 5 of 16 Standard Community Facilities Agreement Rev.9/21 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. 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 B YANY PERSONS,INCL UDING DEATH, 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 EXPENSES 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 City of Fort Worth,Texas Page 6 of 16 Standard Community Facilities Agreement Rev.9/21 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. 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 obtain proof 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 707 Avenue, LLC City of Fort Worth 4148 Slick Rock Chase 200 Texas Street Euless, TX 76040 Fort Worth, Texas 76102 City of Fort Worth,Texas Page 7 of 16 Standard Community Facilities Agreement Rev.9/21 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 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, City of Fort Worth,Texas Page 8 of 16 Standard Community Facilities Agreement Rev.9/21 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 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 City of Fort Worth,Texas Page 9 of 16 Standard Community Facilities Agreement Rev.9/21 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. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 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 terms "boycott Israel" and"company"have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 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. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 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 energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 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 have a practice,policy, guidance, or directive that discriminates against a firearm City of Fort Worth,Texas Page 10 of 16 Standard Community Facilities Agreement Rev.9/21 entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. 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'SEMPLOYEES,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. 29. 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. 30. 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. 31. 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. 32. 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. 33. Signature Authority City of Fort Worth,Texas Page 11 of 16 Standard Community Facilities Agreement Rev.9/21 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. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. 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 12 of 16 Standard Community Facilities Agreement Rev.9/21 36. Cost Summary Sheet Pro]ect Name: Blue Lagoon Dream Addition CFA No.: CFA21-0147 City Project No.: 103231 IPRC No.: IPRC21-0015 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 233,581.00 2.Sewer Construction $ 190,248.00 Water and Sewer Construction Total $ 423,829.00 B. TPW Construction 1.Street $ 746,280.68 2.Storm Drain $ 160,424.00 3.Street Lights Installed by Developer $ 61,785.00 4. Signals $ - TPW Construction Cost Total $ 968,489.68 Total Construction Cost(excluding the fees): $ 1,392,318.68 Estimated Construction Fees: C. Construction Inspection Service Fee $84,500.00 D. Administrative Material Testing Service Fee $6,125.00 E. Water Testing Lab Fee $750.00 Total Estimated Construction Fees: $ 91,376.00 Choice Financial Guarantee Options,choose one Amount Mark one Bond= 100% Completion Agreement= 100%/Holds Plat $ 1,277,290.44 x Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain= 125% Cash Escrow Off Site = 125% $143,785.30 x City of Fort Worth,Texas Page 13 of 16 Standard Community Facilities Agreement Rev.9/21 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 707 Avenue,LLC Dana Burghdoff(A r20,20 19:49 CDT) Jamal AlnffP ln�n. n?n??1i-98 fnT) Dana Burghdoff Jamal Aloffe Assistant City Manager Owner Date: Apr 20,2022 Date: Apr 20,2022 Recommended by: Ljl_�r Dbeer Evelyn Ro erts(Apr 20,202213:58 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Contract Compliance Manager: Richard A.McCracken(Apr 20,202214:44 CDT) Richard A.McCracken By signing, I acknowledge that I am the person Sr.Assistant City Attorney responsible for the monitoring and M&C No. NSA administration of this contract,including Date: ensuring all performance and reporting requirements. Form 1295: N/A ATTEST: Janie Scarlett Morales Development Manager J ette S.Goodall(Apr 21,2022 06: CDT) Jannette S. Goodall/Ronald P. Gonzales City Secretary Assistant City Secretary 4.00�oun�� ° a�� °Opi�C �vo °° o° d �cd d�a�nEXAsoOp OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Page 14 of 16 Standard Community Facilities Agreement Rev.9/21 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 ❑X Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3 —Concurrent CFA Provisions ❑X Location Map ❑X Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements ❑X Exhibit B: Paving Improvements ❑X Exhibit B-1: Storm Drain Improvements ❑X Exhibit C: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 15 of 16 Standard Community Facilities Agreement Rev.9/21 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Project No. 103231 None City of Fort Worth,Texas Page 16 of 16 Standard Community Facilities Agreement Rev.9/21 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Pagel of5 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification I Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT I:WATER IMPROVEMENTS ON-SITE 1 3311.0261 8"PVC Water Pipe 3311 12 LF 2685 $35.00 $93,975.00 2 3312.3003 8"Gate Valve 33 12 20 EA 6 $1,200.00 $7,200.00 3 3312.0001 Fire Hydrant 33 12 40 EA 7 $4,000.00 $28,000.00 4 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 2 $4,000.00 $8,000.00 5 3312.2003 1"Water Service 33 12 10 EA 29 $850.00 $24,650.00 6 3312.2003 1"Water Service Bullhead 33 12 10 EA 15 $1,100.00 $16,500.00 7 3312.2004 1"Private Water Service 33 12 10 LF 10 $800.00 $8,000.00 8 3305.0109 Trench Safety 33 05 10 LF 2748 $1.00 $2,748.00 9 3471.0001 Traffic Control 3471 13 MO 1 $1,800.00 $1,800.00 SUBTOTAL ON-SITE $190,873.00 OFF-SITE 10 3311.0261 8"PVC Water Pipe 3311 12 LF 128 $35.00 $4,480.00 11 3312.3003 8"Gate Valve 33 12 20 EA 4 $1,200.00 $4,800.00 12 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 2 $3,000.00 $6,000.00 13 3201.0656 Conc Pvmt Repair,HES,Arterial/Industrial .320129 SY 300 $85.00 $25,500.00 14 3305.0109 Trench Safety 33 05 10 LF 1 128 $1.00 $128.00 15 3471.0001 Traffic Control 3471 13 MO 1 $1,800.00 $1,800.00 SUBTOTAL OFF-SITE $42,708.00 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I:WATER IMPROVEMENTal $233,581.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 REVISED 2022-04-07-PENNINGTON PORTION New Development Resources_Specs and Contract Documents_00 42 43 Bid Proposal_DAP.xls 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Page 2 of 5 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification I Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS ON-SITE 1 3331.4115 8"Sewer Pie SDR-26,ASTM D3034 3311 10, LF 2327 $34.00 $79,118.00 33 31 12,33 31 20 2 3339.1001 4'Manhole 33 39 10,33 39 20 EA 9 $3,200.00 $28,800.00 3 3339.0001 Epoxy Manhole Liner 33 39 60 VF 70 $305.00 $21,350.00 4 3331.3101 4"Sewer Service 33 31 50 EA 59 $500.00 $29,500.00 5 3331.3101 8"Sewer Service 33 31 50 EA 1 $700.00 $700.00 6 3305.0109 Trench Safety 33 05 10 LF 2373 $1.00 $2,373.00 7 3301.0002 Post-CCTV Inspection 33 01 31 LF 2373 $1.00 $2,373.00 8 3301.0101 Manhole Vacuum Testing 33 01 30 EA 9 $250.00 $2,250.00 SUBTOTAL ON-SITE $166,464.00 OFF-SITE 9 3331.4115 8"Sewer Pie SDR-26,ASTM D3034 3311 10, LF 174 $34.00 $5,916.00 33 31 12,33 31 20 10 3339.1001 4'Manhole 33 39 10,33 39 20 EA 1 $3,200.00 $3,200.00 11 3339.1002 4'Drop Manhole 33 39 10,33 39 20 EA 1 $5,000.00 $5,000.00 12 3339.0001 Epoxy Manhole Liner 33 39 60 VF 24 $305.00 $7,320.00 13 3305.0109 Trench Safety 33 05 10 LF 174 $1.00 $174.00 14 3301.0002 Post-CCTV Inspection 33 01 31 LF 174 $1.00 $174.00 15 3301.0101 Manhole Vacuum Testing 33 01 30 EA 2 $250.00 $500.00 16 9999.0002 Connect to Existing Sewer Main 00 00 00 EA 1 $1,500.00 $1,500.00 SUBTOTAL OFF-SITE $23,784.00 31 32 33 34 35 36 37 38 39 40 41 42 43 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $190,248.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version May 22,2019 REVISED 2022-04-07-PENNINGTON PORTION New Development Resources_Specs and Contract Documents_00 42 43 Bid Proposal_DAP.xls 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Page 3 of 5 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification I Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS ON-SITE 1 3341.0205 24"RCP,Class III 3341 10 LF 1062 $70.00 $74,340.00 2 3349.0001 4'Storm Junction Box 33 49 10 EA 4 $5,500.00 $22,000.00 3 3349.7001 4'Wye Inlet 33 49 20 EA 1 $5,500.00 $5,500.00 4 3349.5001 10'Curb Inlet 33 49 20 EA 6 $4,850.00 $29,100.00 5 3305.0109 Trench Safety 33 05 10 LF 1062 $1.00 $1,062.00 6 3125.0101 SWPPP >_1 acre 31 2500 LS 1 $5,000.00 $5,000.00 7 9999.0004 Concrete Flume 10-ft Width(w/6"Curb) 00 00 00 LF 250 $80.00 $20,000.00 8 3301.0012 Post-CCTV Inspection of Storm Drain 33 01 31 LF 1062 $1.00 $1,062.00 SUBTOTAL ON-SITE $158,064.00 OFF-SITE 9 3341.0205 24"RCP,Class III 3341 10 LF 5 $70.00 $350.00 10 3305.0109 Trench Safety 33 05 10 LF 5 $1.00 $5.00 11 9999.0003 Connect to Existing Storm 00 00 00 EA 1 $2,000.00 $2,000.00 12 13301.0012 Post-CCTV Inspection of Storm Drain 33 01 31 LF 5 $1.00 $5.00 SUBTOTAL OFF-SITE $2,360.00 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $160,424.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version May 22,2019 REVISED 2022-04-07-PENNINGTON PORTION New Development Resources_Specs and Contract Documents_00 42 43 Bid Proposal_DAP.,ds 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Page 5 of 5 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS $233,581.00 UNIT II:SANITARY SEWER IMPROVEMENTS $190,248.00 UNIT III: DRAINAGE IMPROVEMENTS $160,424.00 UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $584,253.00 This Bid is submitted by the entity named below: BIDDER: BY:JEFF MADDOX PENNINGTON UTILITIES 13350 EULESS STREET <Signature Here> TITLE:VICE PRESIDENT EULESS,TEXAS 76040 DATE: <Date Here> Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version May 22,2019 REVISED 2022-04-07-PENNINGTON PORTION New Development Resources_Specs and Contract Documents_00 42 43_Bid Proposal_DAP.xls 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Page 4 of 7 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification I Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS ON-SITE 1 3211.0600 Cement(32 Ib/SY) 32 11 33 TON 126 $270.00 $34,020.00 2 3211.0701 6"Cement Treatment Street 32 11 33 SY 7847 $6.24 $48,965.28 3 3213.0102 7"Conc Pvmt Street 32 13 13 SY 7372 $55.09 $406,123.48 4 3213.0102 7"Conc Pvmt(Alley) 32 13 13 SY 1420 $60.31 $85,640.20 5 3213.0301 4"Conc Sidewalk 32 13 20 SF 174 $7.13 $1,240.62 6 3211.0111 4"Flexible Base,Type A,GR-1 (Alley) 32 11 23 SY 1665 $20.86 $34,731.90 7 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 4 $2,504.74 $10,018.96 8 3291.0100 Topsoil 3291 19 CY 530 $60.00 $31,800.00 9 3292.0100 Block Sod Placement 32 92 13 SY 4760 $9.60 $45,696.00 10 3441.4003 Furnish/Install Alum Sign Ground 34 41 30 EA 6 $678.00 $4,068.00 Mount City Std. SUBTOTAL ON-SITE $702,304.44 OFF-SITE 19 3213.0301 4"Conc Sidewalk 32 13 20 SF 4060 $7.13 $28,947.80 20 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 6 $2,504.74 $15,028.44 21 22 23 SUBTOTAL OFF-SITE $43,976.24 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 TOTAL UNIT IV: PAVING IMPROVEMLNTSI $746,280.68 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version May 22,2019 REVISED 2022-04-07-MCMAHON PORTION New Development Resources_Specs and Contract Documents_00 42 43 Bid Proposal_DAP.xls 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Page 7 of 7 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS UNIT II:SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS $746,280.68 UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $746,280.68 This Bid is submitted by the entity named below: BIDDER: BY:SCOTT CUMMINGS McMAHON CONTRACTING,LP 3019 ROY ORR BLVD <Signature Here> TITLE:PRESIDENT GRAND PRAIRIE,TX 75050 DATE: <Date Here> Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version May 22,2019 REVISED 2022-04-07-MCMAHON PORTION New Development Resources_Specs and Contract Documents_00 42 43_Bid Proposal_DAP.xls 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Pagel of2 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification I Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT V: STREET LIGHTING IMPROVEMENTS ON-SITE 1 2605.3015 2"CONDT PVC SCH 80 T 26 05 33 LF 766 $18.50 $14,171.00 2 3441.3050 Furnish/Install LED Lighting Fixture 34 41 20 EA 12 $295.00 $3,540.00 (70 watt ATBO Cobra Head) 3 3441.3301 Rdwy Ilium Foundation TY 11 2,&4 34 41 20 EA 12 $1,100.00 $13,200.00 4 3441.3351 Rdwy Ilium TY 11 Pole 34 41 20 EA 12 $1,898.00 $22,776.00 5 3441.1646 Furnish/Install Type 33B Arm 34 41 20 EA 12 $300.00 $3,600.00 6 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 2298 $1.00 $2,298.00 SUBTOTAL ON-SITE $59,585.00 OFF-SITE 7 3441.3050 Furnish/Install LED Lighting Fixture 34 41 20 EA 4 $550.00 $2,200.00 70 watt ATBO Cobra Head SUBTOTAL OFF-SITE $2,200.00 23 24 25 26 27 28 29 30 31 32 33 34t F I _ 36 _ 37 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $61,785.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 REVISED 2022-04-07-C&S PORTION New Development Resources_Specs and Contract Documents00 42 43_Bid Proposal_DAP.,ds 00 42 43 BLUE LAGOON DREAM ADDN-DAP-BID PROPOSAL Page 2 of2 BLUE LAGOON DREAM ADDITION -CPN103231 /IPRC21-0015 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT 1:WATER IMPROVEMENTS UNIT 2:SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS $61,785.00 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $61,785.00 This Bid is submitted by the entity named below: BIDDER: BY:Charles Saylors C&S Utility Contractors,Inc. 6705 Highway 287 <Signature Here> TITLE: President Arlington,Texas 76001 DATE: <Date Here> Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version May 22,2019 REVISED 2022-04-07-C&S PORTION New Development Resources_Specs and Contract Docume1its_00 42 43_Bid Proposal_DAP.xIs LOWERY RD TWO Ln W �O z z z o z z z W JOHN T. WHITE R PROJECT z LOCATION z o ANDERSON BLVD. CPN #103231 MAPSCO NO. 67—T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .LOCATION . . . . . . . .MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OWNER/DEVELOPER Blue Lagoon ENGINEER 707 AVENUE,LLC Dream Addition THOMAS HOOVER 0 1000 JAY ALOFFE, MANAGER Project 103231 / ENGINEERING,LLC 4148 SLICK ROCK CHASE /'+ P.O. BOX 1808 Scale in Feet PHONE (972)5979-3265 I P RC21-001 5 PHONE (817) 91 324350 T.B.P.E. FIRM N0. 006009 LOT 1, BLOCK 2 MILL STONE ADDN I INST#D209215166 R.R.T.C.T. ZONED: PD-169 - � HOA-OPEN c�rni ai N`r� `77- c�rr�v LOT 1 �o�o Flo 0 0 0_J 0 2J 0 0 0 0 0 0 oa o Mi r =iili_�U l_� x NOOR_ LN PS96 Sv-1 ,�� D o ET 91 LOT 8 iLOT 9 _ Io P 1�Q S�QN®Q a LOT aJ OTT OT 10 I �1 �2Ft� G G 1Q�A 6 FoT 7 iILOT 6 OT 1 P �G 01 C i�l LOT 6� �b _� � iN i NG S� FZ' 0 i LOT 5 LOT 12 1 o f A\�o• LOT 5 do OT 5 LOT 4 �� LOT 4 LOT 13 io iCD i--9 Jw -� I} x LOT 3 Y LOT 3 LOT 14 for � __� i of x LT2ILL LOT 15 �LOT 16 i HADEEL LN NI T-7 jhn F-77 7 r�rr rr G� N o o�olo�r,r�o�o�oi o�o�r�r�oo�o III 0� P� E JEx�a w Ex.24'w ROAD JOHN T. WHITE LEGEND PROPOSED WATER LINES EXIST. WATER LINES & NOTE EXIST. ISOLATION VALVE FUTURE WATER LINES EXHIBIT A ALL PROPOSED WATER LINES ARE 8—INCH UNLESS WATER OTHERWISE NOTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �& OWNER/DEVELOPER Blue Lagoon ENGINEER 707 AVENUE,LLC Dream Addition THOMAS HOOVER 0 300 LAY ALOFFE, MANAGER Project 103231 / ENGINEERING, LLC 4148 SLICK ROCK CHASE P.O. BOX 1808 EULESS, TEXAS 76040 IPp/'+r�1'0015 KELLER, TEXAS 76244 SCO12 IY7 Feet PHONE (972) 979-3265 RC2 PHONE (817) 913-1350 T.B.P.E. FIRM N0. 006009 LOT 1 , BLOCK 2 MOLL STONE ADDN I INST#D209215166 P.R.T.C.T, ZONED: PD-169 l�v1-G O I ON Orel it lrlri rir lrlrir riri rlrlr O O O O O O O O O O O O O O = J NOOR LN �"D o LOT 1 LOT 8 iLOT 9 LOT L a� OTT G �o LOT 7 I LOT 6 0.Q OT 11 II W P� 0� 0� Q��6 I -- i I LOT 5 SLOT 12 N��°• LOT 5 LOT 4 I -0[LOT 4�T 13� z W LOT 3O z�OT 3 LOT 14 ylorl O I (Z'I I o—IIY iLLOT 2 QI LOT 2 LOT 1 III I LOT 1 'LOT 16 I �I HADEEL Gx- N oioi0000ioioll000iooIoJIo I 0� -50 og o15 � 1, 7 � o w I JOHN T. WH11E ROAD LEGEND PROPOSED SEWER LINES EXIST. SEWER LINES NOTE FUTURE SEWER LINES EXHIBIT Al ALL PROPOSED SANITARY SEWER LINES ARE 8—INCH WASTEWATER UNLESS OTHERWISE NOTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �& OWNER/DEVELOPER Blue Lagoon ENGINEER 707 AVENUE,LLC Dream Addition THOMAS HOOVER 0 300 LAY ALOFFE, MANAGER Project 103231 / ENGINEERING, LLC 4148 SLICK ROCK CHASE P.O. BOX 1808 EULESS, TEXAS 76040 IPRC21'0015 KELLER, TEXAS 76244 SCO12 IY7 Feet PHONE (972) 979-3265 RC2 PHONE (817) 913-1350 T.B.P.E. FIRM N0. 006009 1 L K 2 L S AD N D2092 5 P.P.T.C. . ZONED: P 69 —77. 'P'P'P P P P P P OJ 0 0 0 0 0 z NOOR LN 0-� O �,\° o LOT 1 LOT 8 iLOT 9 a LOT 8� OTT LOT 10 II P�FR� °�1 c�G G � O®g 1 0 LOT 7 , oO tiG N G G -_ LOT 6 OT 11� G ' �� � � LOT 6 N �NS�o'D P - i I LOT s LOT 12 ��°•. LOT 5 Z� LOT 4 z�OT 4 iLOT 13 Z __ I JI B J _ � o 0 LOT 3� z�OT 3 LOT 14 >I or a� a � oIf J 11 T — I �I I LOT 2 Q I LOT 2 LOT 15 LOT 1 , I LOT 1 'ILOT 16 I �I --J `--FA MY) I III GG� 1 P° NI�T��I�n G�( N o'�P�oioio P�o�PlloiPo�o�o 0 o u I_i�_L��.1�4 GNPs�PPR��;�• o a o Y T. WHITE ROAD X� ,)ONN w V) LEGEND PROPOSED STORM DRAIN INLET PROPOSED STORM DRAIN HEADWALL EXHIBIT 131 STORM DRAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �& OWNER/DEVELOPER Blue Lagoon ENGINEER 707 AVENUE,LLC Dream Addition THOMAS HOOVER 0 300 LAY ALOFFE, MANAGER Project 103231 / ENGINEERING, LLC 4148 SLICK ROCK CHASE P.O. BOX 1808 EULESS, TEXAS 76040 IPRC21'0015 KELLER, TEXAS 76244 SCO(2 IY7 Feet PHONE (972) 979-3265 RC2 PHONE (817) 913-1350 T.B.P.E. FIRM N0. 006009 7 L 1 L K 2 L S AD N i D2092 5 P.R.T.C. . ZONED: P 69 ro o w ro LOT 1 R LN LOT N00 .... 00 0 LOT a OT 9 F -0 �0� 2'S�P���� ® LOT s LOT 7 LOT 10 � Q G [ �F �° DNS G'� ® CY LOT 7 I P � �• G0 Q� 6 I — ++LOT s I LOT 11 0 = LOT 6 3 LOT s oT 1 0�<Q LOT SJ'� LOT 4 !zOT 4 iLOT 13 t o a p�1 ai _B =0 LOT 3�Q OT 3 LOT 14 j rl LOT 2 l LOT 2 LOT 15 LOT 1 r l LOT 1 LOT 16 FFr. HADEEL LIN 15�0 I - o 0G �v \S &5 I 0 4) o Q. ti JONN T. WHI1E RO AD LEGEND ............................. 31' B—B / 50' ROW (TYP) ———— — SIDEWALK BY DEVELOPER SIDEWALK BY HOMEBUILDER O HC RAMPS BY DEVELOPER EXHIBIT B ® 12' ALLEY / 16' ROW (TYP) PAVING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �& OWNER/DEVELOPER Blue Lagoon ENGINEER 707 AVENUE,LLC Dream Addition THOMAS HOOVER 0 300 LAY ALOFFE, MANAGER Project 103231 / ENGINEERING, LLC 4148 SLICK ROCK CHASE P.O. BOX 1808 EULESS, TEXAS 76040 IPRC21'0015 KELLER, TEXAS 76244 SCO(2 IY7 Feet PHONE (972) 979-3265 RC2 PHONE (817) 913-1350 T.B.P.E. FIRM N0. 006009 ILV I I • LDLV\.�\ L MILL STONE ADDN INST#D209215166 P.R.T.C.T. ZONED: RD-169 HOA-OPEN `r�m1a� c�rrn I LOT 1 � ©r�r�r�r�r�r� oa� •�o�o Flo 0 0 0 0 0 o 0 0 0 0 0 r = JJ�JjJ1�=1J L1_IJ EP��c9 PSE, �o� S�OAJ ��o o LOT o� OT a .LOT o II �o� S® ��0�o® a LOT 8� OT T ILOT 10 L-- - - NF C) N�o G P' ®� 1�� - LoT T , o I P �0 N° GO Q6 6 - � LOT s_ET 1 1� C� �6� 1 � LOT s -� O�G \NSAC) P� LOT LOT S 'LOT 12 i l LOT � �OT 4 iLOT 1 3� I�I z T J i -©I q Iw� 1 = LOT 3� LOT 3 LOT 14 I ,ors �OT-2 i LOT 2 LOT 1 5 � LOT 1 1 � --� i LET 1 LOT 16 � �v r�T�O corn i�lc�l"�'O� I'll 1 9 -\p� g��vi Gr N ono�o�o o'o�o�oi Io�o�o�o'o 0 0 I 0� ® 0 \0 JI_1J 1J_J _UJ_L11 v g�o�D� �015 J-7 JOHN 1• WHITE ROAD LEGEND PROPOSED STREET NAME SIGN PROPOSED STREET EXHIBIT C 1 LIGHT STREET NAME SIGNS & STREET LIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OWNER/DEVELOPER Blue Lagoon ENGINEER �Q 707 AVENUE,LLC Dream Addition THOMAS HOOVER 0 300 LAY ALOFFE, MANAGER Project 103231 / ENGINEERING, LLC 4148 SLICK ROCK CHASE P.O. BOX 1808 EULESS, TEXAS 76040 IPRC21'0015 KELLER, TEXAS 76244 SCO(2 in Feet PHONE (972) 979-3265 RC2 PHONE (817) 913-1350 T.B.P.E. FIRM NO. 006009 COMPLETION AGREEMENT— SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and 707 Avenue, LLC, a Texas Limited Liability Company, 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 9=8 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 PP-20-073 or FS ; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Blue Lagoon Dream Addition for Water, Sewer, Paving, Storm 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 On-Site 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 On-Site Community Facilities (Community Facilities within the boundary of the Preliminary Plat), in the aggregate should not exceed the sum of One Million Two Hundred Seventy Seven Thousand Two Hundred Ninety Dollars & 44/100 Dollars ($1,277,290.44), hereinafter called the "Completion Amount". 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 11 Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the On-Site 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 On-Site 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 On-Site and Off-Site 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 for the On-Site Community Facilities,as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the On-Site 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 On-Site 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 On-Site 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 City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 2 of 11 of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 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 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(cr�,fortworthtexas. og_v Confirmation Number: 817-392-2025 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 11 With a copy thereof addressed and delivered as follows: 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: 707 Avenue, LLC Jamal Aloffe 4148 Slick Rock Chase Euless, TX 76040 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. 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 11 G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 5 of 11 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: 707 Avenue, LLC n SGLY'GI!L 44E Dana Burghdoff( r 20,20 19:49 CDT) Dana Burghdoff Ja�offe(Apr 20,202213:58 CDT) Assistant City Manager Name: Jamal Aloffe Title: President Date: Apr 20,2022 Date: Apr 20,2022 Approved as to Form & Legality: Richard A.McCracken(Apr 20,202214:44 CDT) Contract Compliance Manager: Richard A. McCracken Assistant City Attorney By signing, I acknowledge that I am the ATTEST: person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting ,5' � � requirements. J ette S.Goodall(Apr 21,2022 06: CDT) Jannette S. Goodall aoo4��u� City Secretary pp0oF�Rr0*�d �'° p�o �o0 Janie Scarlett Morales M&C: 0 o: Development Manager Date: �O° *� a o�00000000° d a�nExASaap OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 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 11 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 11 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement Changes are contained in the body of the Agreement. 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 11 EXHIBIT A LEGAL DESCRIPTION BEGINNING at a 1/2" iron rod found at the northeast corner of the intersection of John T White Road(120' right-of-way) and John T. White Road North (right-of-way varies) and said point being be plat call the southwest corner of said Lot 3, Block 13 Eastchase; THENCE N 00020'53" W along said John T. White North right-of-way a distance of 16.75 feet to a 1/2" iron rod found and said point being the Point of Curvature of a curve to the right having a radius of 3,162.69 feet, a Central Angle of 03°17'27", a Chord Bearing of N 010 17'50" E and a Chord Distance of 181.63 feet; THENCE along said curve in a northerly direction and along said right-of-way a distance of 181.65 feet to a 1/2" iron rod found; THENCE N 02056'34" E along said right-of-way a distance of 9.42 feet to a 1/2" iron rod found and said point being the Point of Curvature of a curve to the left having a radius of 3,242.69 feet, a Central Angle of 030 17'27", a Chord Bearing of N 01°18'09" E and a Chord Distance of 186.22 feet; THENCE along said curve in a northerly direction and along said right-of-way a distance of 186.25 feet to a 1/2" iron rod found; THENCE N 00020'53" W along said right-of-way a distance of 88.00 feet to a 1/2" iron rod found; THENCE N 01054'49" W along said right-of-way a distance of 47.87 feet to a 1/2" iron rod found; THENCE N 01056'40" W along said right-of-way a distance of 172.20 feet to a 1/2" iron rod found; THENCE N 00024'27" W along said right-of-way a distance of 485.12 feet to a 5/8" iron rod found and said point being at the northwest corner of said Lot 1 and in the south line of that certain tract known as Lot 1, Block 2 Mill Stone Addition as recorded in Instrument No. D209215166 P.R.T.C.T.; THENCE N 89025'45" E leaving said right-of-way and along the south line of said Mill Stone Addition a distance of 499.03 feet to a 5/8" iron rod found at the northwest corner of that certain tract of land as described in deed to AHF-Waters at Eastchase, LLC as recorded in Instrument No. D214096947 O.P.R.T.C.T.; City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CIA Official Release Date: 07.01.2015 Page 9 of 11 THENCE S 0035'14" E along said AHF tract a distance of 647.58 feet to a 5/8" iron rod found and said point being in the southwest corner of said AHF tract and in the north line of that certain tract of land as described as Lot 1, Block 1 Eastchase Apartment Addition as recorded in Cabinet A, Slide 5869 P.R.T.C.T.; THENCE S 880 18'44" W along said Apartment Addition a distance of 43.41 feet to a 5/8" iron rod found; THENCE S 01041'16" E along said Apartment Addition a distance of 474.48 feet to a 1/2" iron rod found at the southwest corner of said Apartment Addition and being in the north right-of-way line of said John T. White Road and also being the Point of Curvature of a curve to the right having a radius of 1,940.00 feet, a Central Angle of 14010'05", a Chord Bearing of S 81043'47" W and a Chord Distance of 478.50 feet;, THENCE along said curve in a westerly direction and along said right-of-way a distance of 479.72 feet to the Point of Beginning and containing in all 562,320 square feet or 12.91 acres of land City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 10 of 11 EXHIBIT B APPROVED BUDGET Section I Water $1905873.00 Sewer $166,464.00 Sub-total $357,337.00 Section 11 Interior Streets $702,304.44 Storm Drains $158,064.00 Sub-total $860,368.44 Section III Street Lights $59,585.00 Sub-total $61,785.00 TOTAL $1,277,290.44 City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CIA Official Release Date: 07.01.2015 Page 11 of 11