HomeMy WebLinkAboutContract 57720 Received Date: Jun 27,2022
Received Time: 12:35 pm
Developer and Project Information Cover Sheet:
Developer Company Name: Thomas Crossing LLC
Address, State,Zip Code: P.O.Box 939 Burleson,Texas 76097
Phone &Email: (817)233-0194,TCLLCkaol.com
Authorized Signatory,Title: Peter Thomas,Managing Member
Project Name: Thomas Crossing Phase 8
Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights
Project Location: South Fort Worth,Northwest of West Riviera and Thomas
Crossing Drive
Plat Case Number: Not Provided Plat Name: Thomas Crossing
Mapsco: 119V&119Z Council District: 6
CFA Number: CFA21-0154 City Project Number: 103392 1 IPRC21-0149
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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City Contract Number: 57720
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 Thomas Crossing 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 Thomas
Crossing Phase 8("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
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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.
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 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
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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").
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.
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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.
(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
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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.
II.
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 ONACCOUNT 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.
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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 parry 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 Thomas Crossing LLC
City of Fort Worth P.O. Box 939
200 Texas Street Burleson, Texas 76097
Fort Worth, Texas 76102
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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
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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
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
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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.
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
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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.
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33.
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.
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.
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36.
Cost Summary Sheet
Pro]ect Name: Thomas Crossing Phase 8
CFA No.: CFA21-0154 City Pro]ect No.: 103392 IPRC No.: IPRC21-0149
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 273,372.70
2. Sewer Construction $ 375,885.05
Water and Sewer Construction Total $ 649,257.75
B. TPW Construction
1. Street $ 667,977.80
2. Storm Drain $ 252,957.37
3. Street Lights Installed by Developer $ -
4. Signals $ 68,704.94
TPW Construction Cost Total $ 989,640.11
Total Construction Cost(excluding the fees): $ 1,638,897.86
Estimated Construction Fees:
C. Construction Inspection Service Fee $53,750.00
D. Administrative Material Testing Service Fee $7,105.00
E. Water Testing Lab Fee $390.00
Total Estimated Construction Fees: $ 61,246.00
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond = 100% $ 1,638,897.86
Completion Agreement= 100%/Holds Plat $ 1,638,897.86 X
Cash Escrow Water/Sanitary Sewer= 125% $ 811,572.19
Cash Escrow Paving/Storm Drain = 125% 1 $ 1,237,050.14
Letter of Credit= 125% $ 2,048,622.33
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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
Thomas Crossing LLC
Dana doAc
Dana Burghdoff(`fun 17,202216:50 CDT) Peter as(Jun 16,202213:25 EDT)
Dana Burghdoff Peter Thomas
Assistant City Manager Managing Member
Date: Jun 17,2022
Date: Jun 16,2022
Recommended by:
Tiffany Bacon
Project Assistant
Development Services
Approved as to Form &Legality:
Richard A.McCracken(Jun 16,202216:41 CDT) Contract Compliance Manager:
Richard A.McCracken
Sr.Assistant City Attorney By signing, I acknowledge that I am the person
M&C No. responsible for the monitoring and
Date: Jun 16,2022 administration of this contract,including
ensuring all performance and reporting
Form 1295: requirements.
ATTEST: pA4��O����*� JanieS�a 2022 CDT)
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7�`I`IGl`l`G c1 GDOG��GG ��►° o�.p�� Janie Scarlett Morales
Jannette S.Goodall(Jun 27,2022 10:50 CDT) 0�o o•l D Development Manager
Jannette Goodall w o o=
City Secretary ��* 0o
nEX�Sa
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
City of Fort Worth,Texas Page 14 of 16
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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 Proj ect No. 103392
None.
City of Fort Worth,Texas Page 16 of 16
Standard Community Facilities Agreement
Rev.9/21
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� L.L
00 42 43.-Paving
DAP-BID PROPOSAL
Page I of I
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value
No. Measure Quantity
UNIT IV:PAVING IMPROVEMENTS
1 3211.0400 Hydrated Lime 32 11 29 TN 193 $275.00 $53,075.00
_ _ _6
2 3211.0501 6"Lime Treatment 3211 29 SY 1080 $4.60 $49,128.00
3 3213.0101 6"Conc Pvmt 32 13 13 SY 9976 $52.70 $525,735.20
-. .........._..._-------..__._. _._.. _. _ .._. .. _ _ _ .. ...._.._... . _...._.
4 3213.0301 4"Conc Sidewalk 32 13 20 SF 358 $7.20 $2,577.60
5 3213.0506 Barrier Free Ramp,Type P-1 321320 EA — 6 $2,800.00 $16,800.00
—..W— __._..—._. ........... ..---- -.....--- ..........._ _............... . --- - ... ........—._,__-.........
6 9999,0001 Remove E.O.R.Barricade&Connect 00 00 00 LF 116 $17.00 $1,972.00
- —.._...--- .._.. .......---- ......_.. ..._...---- - ......--- - ..... ......... ......... ..__..._......................................_.......---..
7 9999.0002 Adjust Manholes to Grade 00 00 00 EA 20 $700.00 $14,000.00
......._.__._ ..._ --� _.. __ _ _.___ ,_
8 3292.0100 Blod Sod Placement 32 92 19 SF 393
$6.00 $2,358.00
g 3291.0100 Topsoil 3291 19 CY 44 $53.00 $2,332.00
TOTAL UNIT IV:PAVING IMPROVEMENTS $667,977.80
Bid Summary
UNIT IV:PAVING IMPROVEMENTS $667,977.80
Total Construction Bid $667,977.80
This Bid is submitted by the entity named below:
BIDDER: BY: Steve Haberstroh �t
Jackson Construction,LTD
5112Sun uu Walley Drive ,-, u
Fort Worth,TX 76119 TITLE: Operation Manager
DATE: April 19,2022
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 working days after the date"lien 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
Fom Version May 22,2019 ResourcesP_30-New Development Resources_Specs and Contract Documents-00 42 43_Bid Proposal—DAP.As
00 42 43-Street Lights
DAP-BID PROPOSAL
Page I of I
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value
No. Measure Quantity
UNIT V:STREET LIGHTING IMPROVEMENTS
1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 261 $22.51 $5,875.11
2 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 783 $2.01 $1,573.83
3 34441.3002 Rdwy Illum Assembly TY 8,11,D-25,and D- 3441 20 EA 13
30 $2,286.00 $29,718.00
4 3441.1633 Install Type 33B Arm 3441 20 EA 13 $281.00 $3,653.00
5 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 3441 20 EA 13 $1,787.00 $23,231.00
6 3441.3050 Furnish/Install LED Lighting Fixture(70 watt 3441 20 EA 13
ATBO Cobra Head) I 1 $358.00 $4,654.00
TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $68,704.94
Bid Summary
UNIT V:STREET LIGHTING IMPROVEMENTS $68,704.94
Total Construction Bid $68,704.94
This Bid is submitted by the entity named below:
BIDDER: BY: IC rd Wolfe
Independent Utility Construction,Inc.
5109 Sun Valley Drive (e!�6
Fort Worth,TX 76119 TITLE: reSl n
DATE: 04/20/2022
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 25 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 ResourcesP_30-New Development Resources_Specs and Contract Documents-00 42 43—Bid Pmposal_DAPsls
00 42 43-Utilities
DAP-BID PROPOSAL
Page 1 of 2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Unit of Bid
No. Description Specification Section No. Measure Quantity Unit Price Bid Value
N ROVEMENTS
1 3305.0109 Trench Safety 33 05 10 LF 2507 $0.50 $1,253.50
2 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TN 2.71 $13,315.30 $36,084.46
3 3311.0241 8"Water Pipe 33 11 10,33 11 12 LF 2507 $50.09 $125,575.63
4 3312.0001 Fire Hydrant 33 12 40 EA 3 $5,516.87 $16,550.61
5 3312.2003 1"Water Service 33 12 10 EA 66 $1,045.25 $68,986.50
6 3312.3003 8"Gate Valve 33 12 20 EA 4 $1,718.00 $6,872.00
7 3312.3101 8"Cut-In Gate Valve 33 12 20 EA 2 $3,275.00 $6,550.00
8 3312.0117 Connection to Existing 4"-12"Water Main 33 1225 EA 4 $2,875.00 $11 500.00
TOTAL UNIT I:WATER IMPROVEMENTS $273 372.70
UNIT II:SANITARY SEWER IMPROVEMENTS
1 3301.0002 Post-CCTV Inspection 3301 31 LF 3438 $2.00 $6,876.00
2 3301.0101 Manhole Vacuum Testing 3301 30 EA 16 $250.00 $4,000.00
3 3305.6109 Trench Safety 33 05 10 LF 3438 $1.00 $3,438.00
4 3305.0113 Trench Water Stops 33 05 15 EA 4 $500.00 $2,000.00
5 3331.3101 4"Sewer Service 3331 50 EA 65 $693.73 $45,092.45
6 3331.3106 4"DIP Sewer Service 33 31 50 EA 1
._ _ $3,225.00 $3,225.00
7 3331.4115 8"Sewer Pipe 33 11 10,33 31 12, LF 3323 $52.34 $173,925.82
8 3331.4116 8"Sewer Pipe CSS Backfill 3311 10,3331 12, LF 115 $95.78 $-11,014.70
9 3339.1001 4'Manhole 33 39 10,33 39 20 Fro 16 $6,534.51 $104,552.16
10 3339.1001 4'Manhole(Over Existing Sewer Pipe) 33 39 10,33 39 20 EA 1 $7,659.42 $7,659.42
11 13339.1003 4'Extra Depth Manhole 1 33 39 10,33 39 20 1 VF 23.7 $595.00 $14,101.50
TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $375,885.05
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version May 22,2019 ResomcesP_70-New Development Resources-Specs and Contract Documents-00 42 43-Bid Proposal_DAP..,Is
00 42 43-Utilities
DAP-BID PROPOSAL
Page 2 of 2
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Unit of Bid
Description Specification Section No. Unit Price Bid Value
No. Measure Quantity
UNIT III:DRAINAGE I PROVEMENTS
1 3137.0101 Concrete Riprap 31 37 00 SY 23 $125.00 $21875.00
2 3341.0201 21"RCP,Class 111 3341 10 LF 47 $63.25 $2,972.75
3 3341.0205 24"RCP,Class III 3341 10 LF 1051 $74.20 _$77,984.20
4 3341.0208 27"RCP,Class III 3341 10 LF 573 $82.05 $47,014.65
5 3341.1101 4x2 Box Culvert 3341 10 _LF 38 $186.29 $7,079.02
6 3305.0109 Trench Safety 33 05 10 LF 1709 $0.75 $1,281.75
7 3349.0001 4'Stonn Junction Box 3349 10 EA 6 $4,500.00 $27,000.00
8 3349.5002 15'Curb Inlet 33 49 20 EA 7 $5,750.00 $40,250.00
9 3201.0614 Cone Pvmt Repair Residential 3201 29 SY 250 $130.00 $32,500.00
10 9996.0001 2-4'x2'MCW-F1 Wingwall 00 00 00 EA 1 $5,250.00 $5,250.00
11 9999.0002 12'x6'Junction Box 00 00 00 EA 1 $8,750.00 $8 750.00
TOTAL UNIT III:DRAINAGE IMPR VE ENTS $252,957.'47
Bid Summary
UNIT I:WATER IMPROVEMENTS $273,372.70
UNIT II:SANITARY SEWER IMPROVEMENTS $375,885.05
UNIT III:DRAINAGE IMPROVEMENTS $252,957.37
Total Construction Bid $902,215.12
This Bid is submitted by the entity named below:
BIDDER: BY:
Circle H Contractors Inc -
PO Boa 220
Midlothian,TX 76065 TITLE: President of 213WO.11C the
DATE: GP for Circle I i Contractors,LP
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 57 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 ResourcesP-30-New Development Resources_Specs and Contract Documents-00 42 43—Bid Proposal DAP.,Is
COMPLETION AGREEMENT—LENDER FUNDED
This Completion Agreement("Agreement) is made and entered into by and among the
City of Fort Worth ("City"), and Thomas Crossing LLC a Domestic Limited Liability
Company("Developer"), and Pinnacle Bank("Lender"), effective as of the date subscribed by
the City's City Manager or Assistant City Manager. The City,the Developer and the Lender are
hereinafter collectively called the "Parties".
WITNESSETH:
WHEREAS, the Developer owns that certain tract of real property that contains
approximately 18.01 [acres that is 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 preliminary plat PP-13-027; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development of Thomas Crossing Phase 8 ("CIA"); and
WHEREAS, the City has required certain assurances of the availability of funds to
complete the water and sewer utilities, streets/paving, storm drain, street lights and street signs for
the development of the Property("Improvements"), and
WHEREAS, in order to provide such assurances as have been required by the City, the
Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter
defined)subject to,and in accordance with,the terms,provisions and conditions of this Agreement;
and
WHEREAS, the Developer has granted to the Lender as additional security for the Loan
(which term is hereinafter defined) a security interest in all plans and specifications for the
development of the Property (collectively,the"Plans"); 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 benefits to be derived from the mutual
observance by the Parties of the terms and conditions hereof, and for and in consideration of Ten
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 1 of 16
Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency
of which are hereby acknowledged, the Parties agree 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
required to complete the Improvements in the aggregate should not exceed the sum of One Million
Six Hundred Thirty-Eight Thousand Eight Hundred Ninety-Seven Dollars and Seventy-Six Cents
Dollars ($1,638,897.76), hereinafter called the "Completion Amount". Notwithstanding the
foregoing, it is acknowledged that the actual costs of completion of the Improvements 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.
3. Adjustments to the Completion Amount. The Lender may from time to time make
advances to the Developer for the development of the Property under the development loan that
has been made by the Lender to the Developer for the purpose of financing the costs of constructing
the Improvements for the Property (the "Loan") subject to, and in accordance with, the terms,
conditions and provisions of the Loan Documents (which term is hereinafter defined) evidencing
and securing the Loan. Some of those advances shall be for Hard Costs as specified in the
"Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit
"B", attached hereto and incorporated herein for all purposes, with the Hard Costs line items
highlighted. The term "Hard Costs" shall mean the actual costs of construction and installation of
the Improvements. To the extent that advances under the Loan are for the payment of Hard Costs,
the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold
statutory retainage from any advances under the Loan or pursuant to this Agreement. All such
retainage withheld, to the extent it is attributable to Hard Costs, shall also reduce the Completion
Amount dollar for dollar. All retainage withheld by the Lender for Hard Costs that are advanced
to the City pursuant to this Agreement shall be released to the City as provided in the Texas
Property Code upon expiration of the statutory retainage period.
4. Completion by the Developer. The Developer agrees to complete the
Improvements on or before the date for completion that is established in the Loan Documents plus
City of Fort Worth,Texas
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CFA Official Release Date:07.01.2015
Page 2 of 16
thirty (30) days (the "Completion Date"), in accordance with the CIA,the Plans approved by the
Lender and the City and all documents evidencing or securing the Loan (collectively, the "Loan
Documents"). For the purposes of this Agreement, the development of the Property shall be
deemed complete upon acceptance by the City of the Improvements. The City shall promptly
notify the Lender and the Developer upon such acceptance.
5. Completion by the City. In the event that either: (A) the development of the
Property is not completed by the Completion Date for any reason whatsoever,or(B)the Developer
is in default under the Loan, then the Lender, at its sole option, may request the City to complete
development. The City may, at its sole option and at the cost and expense of the Developer,within
10 days from receipt of Lender's request, notify Lender that it will undertake to complete the
Improvements and the City shall then commence, pursue, and complete the Improvements in a
reasonably timely, diligent and workmanlike manner in accordance with the Plans, subject to the
terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as
necessary to complete the Improvements.
If the City does not timely elect to complete the construction of the Improvements or if the
Lender does not request the City to complete construction of the Improvements, then the Lender
may at its election terminate this Agreement, or at its option, proceed to complete the
Improvements, or foreclose on any of its collateral, or take any and all such action as may be
provided under the Loan Documents.
6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral to
the Ci . In the event the Lender has requested the City and the City has elected to complete the
Improvements, Lender shall transfer to the City all remaining undisbursed Hard Costs specified in
the Approved Budget within 10 days of the date that the City elected to complete and provided
Lender with written notice of such election.
The Developer hereby authorizes and instructs the Lender to make the transfer of any
remaining undisbursed Hard Costs specified in the Approved Budget to the City within 10 days of
notification that the City elects to complete the Improvements.
In the event the cost to complete the Improvements exceeds the moneys transferred to the
City, City shall notify Lender and Developer in writing of the need of additional funds. The
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 3 of 16
additional funds required to complete the Improvements shall be delivered to the City within 10
business days following notification to Lender and Developer. Failure to deliver the additional
funds shall relieve the City of the obligation to complete the Improvements, in which event City
shall use the Hard Costs funds in its possession to pay the contractor(s) all funds due it/them. Any
remaining undisbursed Hard Costs shall be returned to Lender within a reasonable time.
7. Completion by the Lender. The Lender may, at its discretion, but shall not be
obligated to, undertake to complete the Improvements if there is any default under any Loan
Documents in lieu of requesting the City to complete the Improvements. If the Lender elects to
complete the Improvements, any Hard Costs it expends shall, dollar for dollar, reduce the
Completion Amount.
8. Easements. In the event the City or the Lender undertakes the completion of the
Improvements, the Developer (and to the extent necessary the Lender) grants to the City and the
Lender open access to the Property and shall execute and deliver such temporary easements over
and across the entirety of the Property for the purpose of access and use for the completion of the
construction of the Improvements in accordance with this Agreement. To the extent requested by
the City and the Lender, written temporary construction easements in form acceptable to the City
and the Lender shall be executed by the Developer and filed of record. Nothing in this paragraph
shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents.
9. Lender's Rights. Nothing in this Agreement shall affect any portion of the Lender's
collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the
collateral as it elects in accordance with the Loan Documents.
10. 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 performance bond or other financial security in connection with the development of
the Property and the completion of the Improvements that are contained in the CIA 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 CIA irreconcilably conflicts with this Agreement, the
provisions of this Agreement shall control.
City of Fort Worth,Texas
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CFA Official Release Date:07.01.2015
Page 4of16
11. Termination. This Agreement shall terminate upon the earlier to occur of the
following: (a) acceptance by the City of the Improvements; (b) mutual written agreement of
all of the Parties; or(c)the reduction of the Completion Amount to zero. However,release of the
plat shall be governed by paragraph 12 hereof and termination pursuant to (b) or (c) of this
paragraph 11 shall not require the City to release the plat.
12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat
of the Property until the Improvements 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 CIA are completed.
13. Construction Contracts. Developer agrees to include in each Construction contract
that it enters into for the completion of the Improvements the following:
a.A statement that the City is not holding any security to guarantee any payment for work
performed on the Improvements;
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 of the Improvements; and
d. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in a., b., and c. above.
14. 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,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 5of16
City of Fort Worth
Development Services Department
200 Texas Street
Fort Worth,Texas 76102
Attention: Development Services
Contract Management Office
Janie Morales, Development Manager
Email: Janie.Morales@fortworthtexas.gov
Confirmation Number: 817-392-7810
and/or
Attention: Contract Management Office
Email: zz_DEVSVCS_CFA@fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
Richard A. McCracken
Office of the City Attorney
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
Thomas Crossing LLC
P.O. Box 939
Burleson,Texas 76097
Email: tcllc@aol.com
(iii) Notice to the Lender shall be addressed and delivered as follows:
Pinnacle Bank
1521 N Cooper St.
Arlington,TX 76011
Email: chuck.wilson2]2innbank.com
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 6of16
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, provided, however, that this Agreement shall not supersede, amend or
modify any of the Loan Documents or any portion thereof.
G. Amendment. This Agreement may only be amended by a written instrument executed by
all of the Parties to his 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—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 7of16
ACCORDINGLY,the City of Fort Worth, Developer and Lender have each caused this
instrument to be 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:
Thomas Crossing, LLC
pang B4Lr ik7 doff
Dana Burghdoff(,Tun 17,202216:50 CDT)
Dana Burghdoff Peter as(Jun 16,202213:25 EDT)
Assistant City Manager Name: Peter Thomas
Title: Managing Member
Date: J u n 17,2022
Date: Jun 16,2022
Approved as to Form and Legality:
LENDER:
Pinnacle Bank
Richard A.McCracken(Jun 16,202216:41 CDT)
Richard A. McCracken �I �GI✓��Ul�I0�1
Sr.Assistant City Attorney Sect. Chief Charles D Wilson(Jun 16,2022 16:13 CDT)
Name: Chuck Wilson
ATTEST: Title: Lending Agent
r0�OR0
�aa�
:7�`I`IG��G c1 C7000��GG jj.. �0�•1 d
Jannette S.Goodall(Jun 27,202210:50 CDT) 000
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Jannette Goodall ��* 0o i��
City Secretary aaa� 000000
EX pp
Date: Jun 27,2022
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT.WORTH, TX
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 8of16
Thomas Crossing, LLC, the Guarantor of the Development Loan, is executing this
Completion Agreement for the sole purpose of acknowledging that advances that are made by the
Lender pursuant to this Completion Agreement shall be deemed to be advances that are made
under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty
Agreement that was executed by Peter Thomas.
GUARANTOR
Thomas Crossing, LLC
By: Peter as(Jun 16,202213:25 EDT)
Name: Peter Thomas
Title: Managing Member
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 9of16
List of Exhibits to the Completion Agreement
Attachment 1: Changes to the Standard Completion Agreement
Exhibit A: Metes and Bounds
Exhibit B: Approved Budget
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 10 of 16
ATTACHMENT"1"
Changes to Standard Completion Agreement
None.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 11 of 16
EXHIBIT A: Metes and Bounds
WHEREAS, Thomas Crossing, LLC. is the owner of a 18.014 acre tract of land in the Abner Lee
Survey,Abstract No. 931, situated in the City of Fort Worth, Tarrant County, Texas, and being a
portion of that certain tract of land described in deed to Thomas Crossing, LLC, recorded in
Volume 13124, Page 490, Deed Records,Tarrant County,Texas. The bearings for this description
are based on the bearings as they appear in Cabinet A, Slide 4473, Plat Records, Tarrant County,
Texas. Said 18.014-acre tract of land being described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod with plastic cap found at the northwest corner of Lot 60, Block 8,
of Thomas Crossing Addition, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Instrument Number D219270602, Plat Record, Tarrant County,Texas and in the south
line of that certain tract of land described in deed to Burleson Golf Partners LLC, recorded in
Instrument Number D219015491, Deed Records, Tarrant County,Texas;
THENCE with the westerly and southerly lines of said Thomas Crossing Addition, the following
courses and distances:
South 00°26'03" West, a distance of 120.00 Feet to a 1/2" iron rod with plastic cap found
for the southwest corner of said Lot 60;
North 89°33'57" West, a distance of 16.14 Feet to a 1/2" iron rod with plastic cap found;
South 00°26'03" West, a distance of 170.00 Feet to a 1/2" iron rod with plastic cap found
for the southwest corner of Lot 2, Block 10, of said Thomas Crossing Addition;
South 89°33'57" East, along the south line of said Block 10, a distance of 370.00 Feet to a
1/2" iron rod with plastic cap found for the northwest corner of Lot 24, Block 10,Thomas
Crossing Addition, an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in Instrument Number D216054243, Plat Records, Tarrant County,
Texas;
THENCE South 00°26'03" West, with a west line of said Thomas Crossing Addition, recorded in
Instrument Number D216054243, a distance of 170.00 Feet to a 1/2" iron rod with plastic cap
found;
THENCE South 89°33'57" East, continuing along said west line, a distance of 4.74 Feet to a 1/2"
iron rod with plastic cap found for the northeast corner of Lot 6A, block 11 of said Thomas
Crossing Addition,recorded in Instrument Number D216054243;
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date:07.01.2015
Page 12 of 16
THENCE South 00°26'03" West, continuing along said west line, a distance of 119.60 Feet to a
1/2" iron rod with plastic cap found for the southwest corner of said Lot 6A and in a north line of
Block 11, Thomas Crossing, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in Cabinet A, Slide 6916, Plat Records,Tarrant County,Texas;
THENCE North 89°33'57"West, along said north line, a distance of 450.55 Feet to a 1/2" iron rod
with plastic cap found for the northwest corner of Lot 12, of said Block 11;
THENCE North 02°57'36" West, continuing along said north line, a distance of 40.82 Feet to a
1/2" iron rod with plastic cap found;
THENCE South 87°02'24" West, continuing along said north line, a distance of 170.00 Feet to a
1/2" iron rod with plastic cap found for the northwest corner of Lot 36, Block 9 of said Thomas
Crossing, as recorded in Cabinet A, Slide 6916 and in an east line of Block 9, Thomas Crossing
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A,
Slide 10147, Plat Records, Tarrant County, Texas;
THENCE North 03°13'14" West, departing said north line and continuing along said east line, a
distance of 259.44 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set;
THENCE North 89°33'57" West,departing said east line and continuing along a north line of said
Block 9, a distance of 580.39 Feet to a 1/2" iron rod with plastic cap stamped "RPLS 4818" set;
THENCE departing said north line and continuing along the west lines of said Block 9, the
following courses and distances;
South 60°21'59" West, a distance of 58.36 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY";
South 37°38'55"West, a distance of 160.00 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY";
North 89°08'52" East, a distance of 37.73 Feet to a 1/2" iron rod with plastic cap stamped
"RPLS 4818" set for the northwest corner of Lot 18 of said Block 9;
South 05°26'33" East, a distance of 118.10 Feet to a 1/2" iron rod found for the southwest
corner of said Lot 18;
City of Fort Worth,Texas
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CFA Official Release Date:07.01.2015
Page 13 of 16
South 82°32'57" West, a distance of 7.38 Feet to a 1/2" iron rod with plastic cap stamped
"RPLS 4818" set;
South 07°26'55" East, a distance of 170.00 Feet to a 5/8" iron rod found for the southwest
corner of Lot 28, Block 8 of said Thomas Crossing Addition and in a north line of said
Burleson Golf Partners LLC tract;
THENCE departing said Thomas Crossing Addition and continuing along the south, east and north
lines of said Burleson Golf Partners LLC tract,the following courses and distances;
South 82°32'59"West, a distance of 288.55 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
South 71'01'31" West, a distance of 59.94 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
South 59°30'03"West, a distance of 344.08 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" set;
North 30°29'57"West, a distance of 124.59 Feet to a 1/2" iron rod with plastic cap stamped
"RPLS 4818" found;
North 26°01'09" East, a distance of 173.87 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
North 37°38'55" East, a distance of 715.83 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
North 14°27'36" East, a distance of 67.77 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
North 39°31'10" East, a distance of 105.15 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
North 88°14'35" East, a distance of 346.58 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
South 86°57'17" East, a distance of 149.91 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 14 of 16
South 68°59'59" East, a distance of 42.69 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
South 83°22'24" East, a distance of 32.36 Feet to a 5/8" iron rod with plastic cap stamped
"DUNAWAY" found;
South 89°33'57" East, a distance of 485.03 Feet to the POINT OF BEGINNING and containing a
computed area of 18.014 Acres,more or less.
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City of Fort Worth,Texas
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CFA Official Release Date:07.01.2015
Page 15 of 16
EXHIBIT B:Approved Budget
Items Devebper's Cast
A_ Water and Sewer Construction
1_ Water Construction 73,37 _70
_ Sewer Construction $ 375,885.85
Water and Sewer Construction Total $ 649, 57.75
B_ TFW Con structi on
1_ Street 667,977.90
_ Storm Drain 5 ,957.37
3_ Street Lights Installed by Developer -
4- Signals $ 68,784.94
TPWConstructron Cost Total S 989,640.1 1
Total Construction Cost (excluding The fees): $ 1,638,897.86
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 16 of 16