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HomeMy WebLinkAboutContract 45436 My SECRETAWt I ("POWRACT tio. EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial t THIS AGREEMENT is made and entered into by and between.T WORTH, a home rule municipal corporation of Tarrant C644i! Texas "Cit " , actin ,p by and through its duly authorized City Manager, or its duly d6s`,ignated Assistant City Manager "City" or Planning and Development irector, and,Texas Chiistian University hereinafter referred to as "Licensee", owner of the property north. of Daniel—Meyer � liseum Texas Christian University-Sanit .r r Sewer and, Storu D�rain). RECITALS WHEREAS, Licensee is the owner of certain real, property described as Lot I R., Block 1, TC"U- Addition, an addition to the City of Fort Worth, Tarrant County, Teri as recorded in County Clerks Document No. 98206440 of the Real Property Records of' v ti a Tarrant County `Pro erty" and WHEREAS,, the City has a 201 f �o�t wide Sewer Easement (the "Easement") in the property as shown on the neap attached to this: Agree,, en t'' ",as. Exhibit I Water Encroachment,: Exhibit 2 Storm finer acl-mient, Ex bit ,_I-,.��11" n� �n�r �efi-met .rid. incorporated herein; and qq, WHEREAS, Licensee desires to construct new eleCtnc. roes and keep existing water and storm, drains the "'Encroachment"') and which will encroach onto the City's 'Easement as shown on the attached survey and only to the extent shown thereon; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the Encroachment under the terms and conditions as set forth in this Agreement. :SOW, THEREFORE, the City anal Licensee agree as follows: 0 OFFICIAL RECORD CITY SECRETART AGREEMENT FTa WOR THI TX The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained, to he .kept�aiIid p erfon-ned by the Licensee, hereby grants permission to the Licensee t encroach upon and occupy a portion of the City's Easement as described in and at the location shown Exhibit I-Water Encroachment, Exhibit 2-Storm Encr achmen:t, Exhibit 3 Electric Encroachment for the purpose fconstructing.� new elcctulc li.nes and,keep existing water 2012 Easement En roacbment Agreement-Commercial Page I of 9 RECEIVED and storm drains (the "Encroachment"). Upon completion, of the Encroachment,,, Licensee agrees to be responsible for maintaining any and all structures and buildings within and above the Easement. Licensee shall not expand or otherwise cause the Encroachment to ftirther infringe in or on the City's Easement beyond what is specifically described in the exhibil(s) attached hereto. pecl 2. All construction, maintenance and operation in connection with such Encroachment,, use and occupancy shall comply and be performed in strict compliance with the Charter, Ordinance and Codes of the City and in accordance with the directions of the Director of the Transportation and Public, Works Department, or the Director of the Water Department of City, or his duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or his duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by -the Director., flolwever, such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of'such responsi 1 1 liability plans and specifications. 3. Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing or maintaining improvements to its public facilities or utilities necessary 'For the health, safety and welfare of the public for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences, resulting from the Encroachment installed by Licensee, but City will make reasonable efforts, to minimize sic h damage. In the event that any 1*.nstallation relocation or repair of any existing or future utility or rei ristallation, improvements owned by, constructed by or on behalf of the public or at public expense 'IS made more costly by virtue of the construction, maintenance or existence of the Encroachment and use, Licensee shall pay to City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public 2012 Easement Encroachment Agreement-Commercial Page 2 of 9 Works or the Director of the Water Department of the City,, or his duly authorized representative. 4. In order to defray all costs of inspection and supervision Which City has 'incurred 6 *11 ult of the construction, ma,intenance, inspection or management of or wi incur as a res, the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Two Hundred and Seventy Five Dollars ($275.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area 5. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the 'Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 6. It Is further understood and agreed Upon 'between the parties hereto that the easements to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the easement as have been delegated to it by the Constitution of the State of Texas or by the Legislature, and that City cannot contract away its duty and its legislative power to control the easement for the use and benefit the I I ,public. It is accordingly agreed that if'the govern*ng body of City may at any time during the to hereof determine in its sole discretion to use or cause or permi I t the right of m a t o be used for any other public put-pose, that does not preclude the use of the Encroachment on the Property for a office building or activities related thereto including but not being 'limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to 2012 Easement Encroachment Agreemen -Cohn mercial Page 3 of 9 negotiate in good faith in carder to accommodate the Encroachment and the public purpose. 7. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND FOES HEREIN INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND ELECTED OF'F'ICIALS FROM AND AGAINST ANY AND ALL CLAIMS, OR SUITS FOR PROPERTY TY DAMAGE OR LOSS AND/O,i PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND, OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONT ACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS OR INVITEES ITEES F THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY DAMAGE, TO CITY PROPERTY ARISING OUT OF IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL AC'T'S OR OMISSIONS, OF LICENSEE, ITS OFFICERS, AGENT'S, SERVANT'S,1 EMPLOYEES, CONTRACTORS, SU C r TRACTORS,LICENSEES, OR INVITEES., ""while this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit I Water Encroachment, Exhibit 2 Stars-n encroachment, Exhibit 3 — Electric Encroachment. The amounts of such insurance shall he not less than the following: $1,000,000 Commercial General Liability 201.2 Easement Encroachment Agreement-,Commercial Page 4 of with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (W) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit"B". Licensee agrees to Submit a s 1 m Har Certificate of 'Insurance annually to City on the anniversary, date of the execution of this Agreement. Licensee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All 'insurance coverage required herein shall include coverage of all Licensees' contractors. 9. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Encroachment on Easement Agreement in its entirety in the deed records, of Tarrant County, Texas,. After being recorded, the original all be returned to 'the City Secretary, of the City of Fort Worth,, Texas., 10. Licensee agrees to comply folly with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation, and maintenance of said Encroachment and uses. 11'. Licensee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local ,statute, law or regulation. 2012 Easement Encroachment Agreement-Commercial Pacy In e 5 of 9 12. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all, rights and privileges granted hereunder and not as an officer, agent, servant or employee of City,, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee,, its officers, agents, servants, emp!loyees, contractors and subcontractors,, and no-thing herein shall be construed as creating, a partnership or point enterprise between City and Licensee. 13. Licensee agrees and acknowledges that this Agreement is solely for the purpose of pen-nitting Licensee to construct, maintain and locate the Encroachment over or within the described Easement and is not a conveyance of any right, title or interest in or to the Easement nor is it meant to convey any right to use or occupy property in which a third party may have an *interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 14. In any action brought by the City for the enforcement of-the obligations of the t'icensee, City shall be entitled to recover interest and reasonable attorney's fees. 15. The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive the termination of this Agreement. 2012 Easement Encroachment Agreement-Cornt-nercial Page 6 of 9 16. Licensee covenants and agrees, that it will not assign all or any of 'Its rights, privileges or duties under this contract without the written approval of City, and any attempted assignment without such written approval should be void. 17. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 18. This agreement shall be binding, upon the parties hereto, their successors, and assigns,. EXECUTED this day of 120 city Licensee: City of Fort Worth Texas Christian Uniiversity TCU Box 297800 3589 Bellaire Drive Fort,Worth, T'X 86129 B By: By: y\.- ez000e' Ferna. Costa, Name-, Brian Gutierre 0 Cost Finance and Asst. City nager Title: Vice Chanc i�or for Administration ATTEST: Approved As To Form and Legality City Secretary Assistant City Atto�rn 2012:Easement Encroachment Agreement-Commercial Page 7 of 9 OffICIAL RFCORD y FT VIC)RTH,TX Licensee covenants and agrees that it will not assign at r . privileges or duties under this contract without the written approval of City, and any attempted assi -nent,without such written approval should be void 17. Any cause of action for breach of this Agreement shall,be brought in Tarrant County, Texas. This Agreement shall be governed by the Taws of the State of Texas. 1 . This agreement shall be binding upon the parties her to, their successors and assigns. 0,6 101OZO EXECUTED this lip ay of City Licensee.- City of Fort Worth Texas Christian University CU Box 29178 O,1' 3 ellair� r iv ,' Fo orth TX 76129 Ao A Aft By: R indite arwo 4d Narne-,Brian Guti ez Director Title: Vice Chancello or Finance and Planning and Development Administrat*lort 0 ATTEST: ed As,Tb""For and Legality ., n ee"", % 00 0 r n A rtx u' (M, `C i 2012 Ea elil! 1, croachnrrent,agreement-Commercial Page 7 of Ewa; yr STATE OF TEXAS COUNTY F TA .ANT BEFORE ME the undersigned au rzt a ary P "is in and for State of Texas on this day personally appeared— - t to he the person whose name is subscribed to the foregoing instrument,, anct acknowledged to nee that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort ort h, and in the capacity therein sited. GIV`N UDDER M f AND AND SEAL OF OFFICE this day of' 120 Arl FOREMAN MY C Huh is in and for the State of Texas . ApfIl 26w 2012 Easement Encroachment Agreement-Commercial Page 8 of STATE OF TEXAS § COUNTY OF TA ITT § BEFORE ME, 'the Undersigned authority, a Notary Public 'in and tor the State of Texas, on this day perso,nally appeared Brian Gutierrez, known to me to be the person whose name is subscribed to the foregoing instrument, and aCKnowledged to me 'that he/she executed the same for the purposes, and consideration therein expressed, as the act and deed of Texas Christian University,and in the capacity therein stated. -Ale GIVEN UNDER MY HAND AND, SEAL OF OFFICE this 14_day of r -) 20 a A A tERRY HANEY ze N OTAR,Y PUBLIC state of Texas 5 Comm.Exp�11-12-2101$3 Notary 4l in and for _ge j"l 04 State of Texas 2 012 Easement Encroachment Agreement-Cornmercial Page 9 of 9 e , .w ar Q t y LLJ LJLJ ° = a�=7 T .. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,ND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE ATE OI INSURANCE T DOES NOT CONSTITUTE A C ONTRACT BETWEEN TIME ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,'AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed,. If SUBROGATION IS WAIVED, subject to the terms and Conditions'of the policy,certain policies may require an endorsement. A statement on this certificate does not,confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-9i72-991-3700 CONTACT ...B...arbara Murray NAMiE Arthur J. Gallagher Risk Mngmt. Services,, Inc. PHONE . .... _ _._ FAX �� E 97'2-663-6127..._.. (A"C NWo Twol Lincoln Centre E-MAIL barhara !�urray@ajg.com co AISS. ......_ 5420 LBJ Fwy, Suite 400 Dallas, TX 75240 INSURERS AFFP� DINIG COVERAGE INAI Daniel N. Tropp INSURER A.- UNITED EDUCATORS INS RRG INC 1002,0 INSURED INSURER B Texas Christian University ....._- IINSURER C. TC'U Box 297110 INSURER I Fort Worth, TX 76129 INSURER E INSURER F COVERAGES CERTIFICATE,NUMBER: 384 556 REVISION I+ N UI+ BER: THIS IS TO CERTIFY THIN THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED,NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE I"«,, Y BE ISSUED OR I�1, Y PERTAIN, THE BU C�I� h EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED CED BY PAID CLAIMS. INSR A DL SUBRm ' POLICY EFF POLICY P LTR PE OF INSURANCE POLICY NUMBER MMID21YYY LIMITS Y MMC� Y A GENERAL LIABILITY CGL201300070C C 0 06/01/1 06/01/1 4 EACH I C CCURI ENI E $ 1,0oo 1 000 DAMAGE TO,RENTED...... _ COMMERCIAL CIAL JENERA L LIABILITY PREMISES e $ 1,000,000 f CLAIMS-MAD,E I OCCUR MEIN EXP(Any one person) 5,01010 1 PERSONAL&AUV INJURY $ 100 C) C) GENERAL AGGREGATE 3,000,000 C EN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-CC MPIOP AGG ;� POLICY[� JECT Ll PIC- LO AU,TC7�MC�IIL1 LIABILITY I�C�IIBINECI SINGLE LIMIT LITY ('Ea accident), .. w_... ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED,ULED,, BODILY INJURY(Per accident) AUTOS AUTOS N''CNCINNEIJ PROPERTY NAMACE _ HIRED AUTOS, A Per AUTOS accident _.......... ...m.. UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE UED RETENTION WORKERS COMPENSATION WC STATUS-Y1N CJTH AND EMPLOYERS'LIABILITY TO... Tom. ER ANY PR+L PRIETOR/PA, TNER/EXEC�UTIVE' E.L.EACH ACCIDENT EN'T OFFICER/MEMBER EXCLUDED N 1 A� ....... ...,.... (Mandatory In NH) E.L.DISEASE-EA EMPLOYE If Yes,describe under LIMIT ...._ ......_ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLI,CY' DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (Attach AC ORD,,11131,Additional Remarks Schedule,if more space is required) The Producer will endeavor tai' mail 10 days written notice to the Certificate Holder named can the certificate if any poll cy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose, no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. Real property described as h,ct 1R, Block 1, TCU, an addition to the City of Fort worth, Tarrant County, Texas as recorded in County Clerks Document No. A-4481-A-,4485 of the Real Property records of Tarrant County (':Property' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIME ABOVE DESCRIBED POLICIES BE ►ANC ELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE E 'WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS,. 10000' Throckmo,rtoin street AUTHORIZED REPRESENTATIVE Fort Worth,, TX 76102 USA 198,8-2010 A EXHI 'IT B ACORN,25(2010/05) The ACORD name and logo are reC is,trered marks of AC OF hprice (1.3TY s I )i ........................ CONTRACT NO, L O ETIO1 AGREEME T This Completion Agreement, ("Agreement"), is made and entered into ply and between the City of Fort Werth, ("City") and "first Texas Homes, Inc., 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 he called the "Parties"'. WHEREAS, the Developer owns that certain tract of real property that c of to ns approximately l 3.443 acre s 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 purposies, ("Property"); and WHEREAS, the Developer intends to develop the Property as are addition to the City through plat FP 013-060 as approved by the City on. or before the date of this Agreement "Plat"') and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement CFA # 2013-091 ; M&C N' A) relating to the deve�lolpment, presidia West Phase l� for P,av l Dral � na e Water Sewer and Lighting m r vements, ("Improvements")- and WHEREAS, the City has required certain assurances that the Developer will ea se to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditieins of such accommodations dations as are described abolve. NOW THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set fourth, it is hereby agreed by and between City and Developer per as fe'llews 1 . Recitals. The foregoing recitals are true, correct and complete and constitute the ha ,is for this Agreement and they are incorporated i nte this Agreement for all purpe see �� RECORD 0 OFFICIAL 2. the Co m-p 1e Amount. The City and the Developer agree that the Hard Costs as shown on Exhibit "B") required to complete the Community Facilities in the aggregate should not exceed the sum of Nine Hundred Thirty Three Thousand Fifteen Dollars & Fifty Five Cents 9 33O-15.5 5.), hereinafter called the "Coml etion, Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of ebange 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 1, 00% of the Hard Costs under the CFA Policy. 3. C,om,.. letion by the Deve The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes, of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereolf., 4. Satisfaction of the tyRequ The City agrees that the �irements. assurances and covenants contai,ned in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Prope ty and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City herebly 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. COMPLE"I"JON AGREEMENT SELF FUNDED Revised, January 2012 Page 21 of 9 5. Tee mi nation., This Agreement shall terminate upon the arlier to occur of the following.: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. "inal Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities, are completed and accepite!d by the City and all and Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt olf evidence from the Developer showing that all Hard Costs contractors have been plaid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonlable time file the final plat for the Property in the Plat Records of the county were the, Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees, to include in each Construction contract, that it enters into for the completion of the Community Facilities the follo vin,cr- 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 s,a may be subject to mechanic's and material man's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Pro erty; and l p I 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. COMPLETION AGREEMENT S E L F FUNDED Revised, January 2012 Page, 3 of 9 A. Non-Assi,gnment of Agreement. This Agreement rnay not be assigned by any of the Pa,rties without the prior writt n consent of all "the other Parties. B. "N ol t i c e. Any notice required or permitted to be delivered, under this Agreement shall be deemed received on actual receipt bly the appropriate party at the following addresses: (1) Notice to the City shall be a,ddreissed and delivered as, fo I 10 W s: City of Fort Worth Planning & Developndent Department 10010, Throckmortoin Street Fort Worth, Texas 76102 Attention.- CFA Divis,ilon David Schroleder, Development Manager Email,-. David.Sichroleder L4,fortworth Coinfirma,tion Number 392-2239 andor Attention. CFA Division Jana K,nigh,t, Administrative Assistant Emaik J any.KnightA fort worth Yov.oLg Confirmation Number 817-3192-2025 With a copy thereof addressed and delivered as follows -, City olf Foirt Worth 1000 Throckinorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black As,s,istant City Attorney Telecopy Number.- 817'-3912,-8359 Confirmation Number.- 817­392-7600 COMPLETION AGREEMEN'T SELF FUNDED Revised January 2012 Page 4 of 1) (i 1) Notice to; the Developer shall be addressed and delivered as follows-, First Texas Homes, Inc. Attention: Keith Hardesty 500 Crescent Court, Suite 350 Dallas, Texas 752011 A party may change Its address for notice upon prior written notice to the o,ther parties pursuant to the terms hereof. C. Texas Law to Ap-plv. This Agreement shall be construed under and in acc rdance 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. Lle-gal 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 unenforc,eability 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 Ag,reement. F. Prior Agrecments Superseded. This Agreement constitutes the sole and only agreem nt of the Parties, with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written, instrument executed by all, of the Parties to, this Agreement. H. Heading. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matter's to be considered in construing the terms and provisions of this Agreement. COMPLETION AGREEMENT SELF FUNDED Rev sed January 2012 Page 5 of' 91 ExecUted IN QUADRUPLET by the Parties hereto-, DEVELOPER: '"** 'r6YA$KOM C I T Y 0 F F 0,R T W 0 R T H Nan-ie -15— Fernand,o Costa Title: D )? Ass s a City Manager Date: D ate: APPRO; ED: AS TO FORM,-. I Now ON"W�ow" Di o,u[VT'a,s, W. B I a,c ,Assistant City Atto ey A T_^ 00 0,X Mary er City Secretary M&C# Date: OFFICIAL RECORD wm� LFFIC, D 71 COMPLETION AGREEMENT CITY SECRETARY SE,LF FUNDED T V Revised January 2012 F'Tm WORTH,TX Page 6 of 9 LIST OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET COMPLETION' AGREFMENT SELF FUNDED Revised JanLlary 2012 Page 7 of 9 YFAH I BIT' A LEGAL DESCRIPTION COMPLETION AGREEMENT SELF FUNDED Revised, January 2,012 Page 8 of 9 EXHIBIT"A"' LEGAL DESCRIPTION BEING A 13.443 ACRE TRACT OF LAND SITUATED IN THE,JOSIA14 WALKER SURVEY, ABSTRACT NO. 1600,CITY OF FORT WORTH,TARRANTCOUNTY',TEXAS,AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO FIRST TEXAS HOMES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. D210260522,OFFICIAL PUBI'*'IC RECORDS,TARRANT COUNTY,TEXAS, SAID 13�.443 ACRETRACT WITH REFERENCE BEARING BEING THE RECORDED PLATOFTHE PRESIDIO WEST PHASE I ADDITION,AN ADDITION TO THE CIT ' OF FORT WORTH,AS RECORDED, IN CABINET A. S LID:E 11771,PLAT RECORDS,TA. NT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.- BEGINNING AT A 5/8"IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"'CARTER BURGESS"F, UN FOR THE EAST CORNER OF LOT 49,BLOCK I OF SAID PRESIDIO WEST,, PHASE I ADDITION, SAID POINT BEfNG ON THE NORTHWEST RIGHT-OF-WAY LINE,OF HERITAGE TRACE PARKWAY A 130 FOOT RIGHT-OF-WAY, AS RECORDED IN CAB INET A. SLIDE 11771,PLAT RECORDS, FARRANT COUNTY,TEXAS, THENCE,ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST,PHASE I ADDITION,THE FOLLOWING COURSES AND DISTANCES: NORTH 41 DEGREES 38 MINUTES 54 SECONDS WEST,A DISTANCE OF 111.43 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "'CARTER BURGESS" FOUND FOR CORNER, NORTH 52 DEGREES,25 MINUTES 27 SECONDS WEST,A DISTANCE OF 115.21 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP, STAMPED"CARTER,BURGESS11 FOUND FOR THE SOUTH CORNER OF THE PRESIDIO WEST,PHASE 11 ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,AS RECORDED IN COUNTY CLERK'S FILE NO. D2 I 2251 01251 PLAT RECORDS,TARRANT COUNTY FEXAS, FROM WHICH A 5/8" IRONROD WITH A YELLOW PLASTIC CAP STAMPED"CARTER BLTRGESS"FOUND BEARS NORTH 65 DEGREES 44 MINUTES 2,8 SECONDS WEST,A DISTANCE OF 110.00 FEET, THENCE,ALONG THE SOUTHEAST LINE OF SAID PRESIDIO WEST,PHASE II ADDITION,THE FOLLOWING COURSES AND DISTANCES- NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, A DISTANCE OFI 83.69 FEET TO A 5 " IRON ROD WITH A YELLOW PLASTIC CAP STAMPED ""JACOB'S"" SET FOR CORNER; NORTH 37 DEGREES 09 MIS: TICS 47 SECONDS EAST,A DISTANCE OF 59.16 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS"' SET FOR A SOUTHEAST CORNER OF SAID PRESIDIO WEST,PHASE 11 ADDITION; THENCE, ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST,PHASE 11 ADDITIONJHE FOLLOWING COURSES AND DISTANCES- Page 1: ot'4 NORTH 58 DEGREES 27 MINU'I"'ES 08 SECONDS WEST,A DISTANCE OF 119.29 FEE"'I'TO A 5/8" 1RON ROD WITH A YELLOW PLASTIC CAP STAMPED "'JACOBS" SET FOR CORNER ON TIME SOUTHEASTRIGHT-OF-WAY LINE OF SALVIA DRIVE, A 601 FOOT RIGHT-OF-WAY, AS RECORDED IN COUNTY CLERK'S FILE NO. D212253025,PLAT RECORDS,TARR-ANT COUNTY,TEXAS, SAID PO' T ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01, DEGREES 20 MINUTES I I SECONDS, A RADIUS OF 470.00 FEET,AND A LONG CHORD THAT BEARS NORTH 33 DEGREES I I MINUTES 46 SECONDS EAST ADISTANCE OF 10 6 FEETI ALONG"I'TIE SOUTHEAST RI HOFWA GT- - Y LINE OF SAID SALVIA DRIVE, AND SAID NON NGNTC -TAEURVE r,1,0 r FHE RIGHT,AN ARC DISTANCE OF 101.96 FEET TO A 5/811 IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS"' SET FOR CORNER; I NORTH' 56 DEGREES 08 MINUTES 08 SECONDS WEST,DEPARTING1,HE SOUTHEAST RIGHT-OF-AY LINE OF SAID,SALVIA DRIVE, A DISTANCE OF 199.76 FEET TO A 5/811 IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER., NORTH 13 DEGREES 58 MINUTES 56 SECONDS WEST,A DISTANCE OF 45.26 FEET TO A 5/'8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 5 DEGREES 27 MINUTES 46 SECONDS WEST,A DISTANCE OF 1,15.30, FEET TO A 5/8"' IRONRODWITH A YELLOW PLASTIC CAP STAMPED IIIJACOBS"' SET FOR. CORNER, NORTH 32 DEGREES 24 MIN­UTESi 55 SECONDS WEST, A DISTANCE OF 601.21 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER-, NORTH 27 DEGREES 39 MINUTES 06 SECONDS,WEST.,A DISTANCE OF 41 .00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAPS'I"AMPED,"JACOBS" SET FOR CORNER ON THE SOUTHEAST LINE OF THE PRESIDI ES"f,PHASE III ADDITION, AN ADDITION TO THE CITY OF FORT WORTH .AS RECORDED IN COUNTY CLERK"S FILE NO.D213318'441,PLAT RECORDS,TARRANT COUNTY,TEXAS, SAME BEING THE SOUTHEAST RJGHT-OF-WAY LINE OF SENITA CACTUS STREET, A 50 FOOT RIGHT- OF-WAY, AS RECORDED IN COUNTY Cl,ER.K'S FILE 1,4 0. 13212253025.,AND IN D21331 8441,PLAT RECORDS,l TARRANTCOUN'"I"Y TEXAS11 THENCE,ALONG THE SOUTHEAST LINE OF SAID PRESIDIO WEST,PHASE III ADDITION,THE FOLLOWING COURSES ANT)DISTANCES- 'NORTH 62 DEGREES 2,10 MINUTES 54 SECONDS EAST,A DISTANCE OF 1100.00 FEET TO A 5/8"' IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE WEST END OF A CORNER CLIP AT THE INTERSEcTiON OF THE SOUTHEAST RIGHT-OF'-WAY LINE OF SAID SENITA CACTUS STREET,AND THE SOUTHWEST RIGHT-OF'-WAY LINE OF AMARANTH DRIVEI A 50,FOOT RIGHT-OF- WAY,AS RECORDED IN COUNTY CLERK'S FILE NO. D213318441 ,PLAT RECORDS, TEXAS,- TARRANT COUNTY, I SOUTH 72 DEGREES 39 MINUTES 06 SECONDS EAST,ALONG SAID CORNER CLIP,A DISTANCE OF 6.36 FEET TO A 5/8" IRON ROD'wirrH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER,- NORTH 62 DEGREES 201 MINUTES 54 SECONDS EAST,,OVER AND, ACROSS SAID AMARANTH DRIVE, A DISTANCE OF 55.50 FEET TO A 5/8" IRON ROD,WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE NORTHEAST RIGHT-OF-WAY LINE OF SAID AMARANT14 DRIVE; Page 2 olf 4 NORTH 27 DEGREES 39; MINUTES 06 SECONDS WEST,ALONG THE NORTHEAST RIG,HT-OF-WAY LINE OF SAID AMARANTH DR-IVE, A DISTANCE OF 21.56 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED"'JACOBS" SET FOR CORNER; NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,DEPARTING THE NORTHEAST RIGHT-OF'-WAY LINE OF SAID AMARANTH DRIVE,A DISTANCE OF I 10.00 FEET TO A 5/'8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED,"'JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID P'RESIDIO WEST,PHASE III ADDITION; THENCE,,OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT,THE FOLLOWING COURSES AND DISTANCES: SOUTH 27 DEGREES 39, MINUTES 06,SECONDS, EAST, A DISTANCE OF 431,0 FEET TO A 5/8" IRON ROD,WITH A.YELLOW PLASTIC CAP ST. PEI "JACOBS" SET FOR CORNER; NORTH 612 DEGREES 20,MINUTES 54 SECONDS EAST,A DISTANCE OF 100.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 17 DEGREES 20 MINUTES 54 SECONDS EAS"I".A DISTANCE OF 7.07 FEET TO,A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"JACOBS" SET FOR CORNER, NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 60.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"JA COBS" SET FOR CORNER; SOUTH 72 DEGREES 39 MINUTES 06 SECONDS EAST,A DISTANCE OF 7.07 FEET TO A 5/8," IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"'JACOBS" SET 14OR CORNER, NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 200.00 FEET TO A 5/8" IRON'RO,D WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SETFOR CORNER, NORTH 17 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 7.07 FEET TO A 5/8" IRON ROD,WITH A YEL LOW PLASTIC CAP STAMPED "JACOBS"' SET FOR CORNER; NORTH 62 DEGREES 20 MINU'I"'ES 54 SECONDS EAST, A DISTANCE OF 55.00,FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER-, SOUTH 27 DEGREES 39 MINUTES 05 SECONDS EASTI A DISTANCE 01F 16-88 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CO'RNER; NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 110. FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 27 DEGREES 39 MIN_UTES 06 SECONDS EAST,A DISTANCE OF 180.00 FEET TO A 5/8"' IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET"FO CORNER; SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST,A DISTANCE OF 110.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "'JACOBS" SET FOR CORNER; Page 3 of 4 SOUTH 27 DEGREES 39,MINUTES 061 SECONDS EAST,A DISTANCE OF 65.95 FEET TO A 5/8"' IRON ROD WITH A EL LOW PLASTIC CAP STAMPED "JACOB S" SET FOR CORNER; SOUTH 74 DEGREES 43 MINUTES Oil SECONDS EAST,A DISTANCE CE OF 6.81 FEET TO A 5/8" IRON ROD,WITH A YELLOW PLASTIC CAP STAMPED, "JACOBS" SET FOR CORNER; SOUTH 27 DEGREES 39 MINUTES 06 SECONDS FAST,A DISTANCE OF 70.15 FEET TO A 5l8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNED.; SOUTH 15 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE TAI CE F 7.30 FEET TO A 5/81"IRON ROD WITH A YELLOW PLASTIC CAP STAMPED PED"JAC BS"' SET FOR CORNER.- SOUTH 27 DEGREES 39 MINUTES 06 SECONDS EAST,A DISTANCE OF 102.05 FEET TO A 5/8"' IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "'JACOBS" SET FOR CORNER ON THE SOUTHEAST DINE OF SAID FIRST TEXAS HOMES, INC. T"'RACT,AND THE COMMON NORTHWEST LINE OF'A 3 . 46 ACRE TRACT OF LAND CONVEYED TO CHARY C. MORCH WER.,MD,. PROFIT SHARING PLAN,BY DEED RECORDED IN C L T , CLERK'S:BILE NCB. D207051253,OFFI+CIAL,PUBLIC RECORDS,T"ARRA T COUNTY,,TEXAS,FROM WHICH A 5/8"IRON ROD WITH A YELLOW PLASTIC CAP, STAMPED"CARTER BURGESS"'FOUND BEARS NORTH 62 DEGREES 20 MINUTES 54 SECONDS FAST,A DISTANCE OF 120.55 FEET; THENCE, SOUTH 62 DEGREES 20 MINUTES 54 SECONDS NEST,ALONG SAID COMMON LINE, A DISTANCE OF 99.04 FEET TO A 5/ " IRON ROD WITH A YELLOW PLASTIC CAIN STAMPED "CARTER BURGESS" FOUND FOR AN INTERIOR ELL CORNER OF SAID FIRST TEXAS HOMES, INC.TRACT,AND THE,COMMON NORTHWEST CORNER OF SAID MORCHOWE .TRACT; THENCE,SOUTH 00 DECREES 43 1 MT'ES 38, SECONDS WEST,ALONG THE LAST"LINE OF SAID FIRST TEXAS HOMES,INC. TRACT,AND THE COMMON WEST LINE CAF SAID MO CHOWER.TRACT,A DISTANCE OF 46 .56 FEET"TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID FIRST TEXAS HOMES,INC.. TRACT,AND THE COMMON OUTHWEST CORNER OF SAID MORCH01W ER TRACT, SAID POINT BEING ON THE NORTHWEST RIGHT-OF-WAY LINE OF AFORESAID HERITAGE TRACE PARKWAY, SAID P01I 1T ALSO BEING THE BEGINNING OF A NON-TANGENT COVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14 DEGREE 5 MINUTES 47 SECONDS, A RADIUS OF 1265.00,FEET,AND A LONG CHORD THAT BEARS SOUTH H 612 DEGREES 41 MINUTES 46 SECONDS WEST A DISTANCE OF'3 17.75 FEE T� THENCE,ALONG THE SOUTHEAST LINE OF SAID FIRST TEXAS HOMES, INC. TRACT,, THE COMMON ON NORTHWEST"RIGHT-OF-WAY LINE OF SAID HERITAGE TRACE PARKWAY, AND ALONG SAID NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 3181.591 FEET TO THE POINT'OF BEGI NNING AND CONTAINING 13.443 ACRES OF LAND,MORE OR LESS. Page 4 of 4 EXHIBIT B COST LIST Sectio,n I Water $ 1401204.20 1 Sewer $12915' 101.40 Sub-total $2691 714.60 .Section 11 Interior St,reets, $328 00.9 5 Stornri Drains S_3010280.60 Sub-toltal $62911181.55 Section III Street Lights S 19.40 Sub-total $34,119.40 TOTAL $193310 15,55 COMPLETION ACiREEMEN'T SELFFUNDED R iced January 2012 P.1 g e 9 0 f 91 At TWHdi IS3M,01C1153Hc DC6100t 'ON 311 I V, air T Jain III vil W1 a 'i I'll 0 *12 2 e ri-)!,I i 1 4)�? AS is V is ,y CL I i 4, qg� J'A 0 z ;41 ice, ?v Y y W1 _j > At Zi a 10 v 1141 x.a 24: z S qua lit 1�1 Zoe q A IVI 0 li- z CD _,x 7 Aft' spa C4 sill 39 C4 tj Its ii1liz 44 It'i its z r Is T, 12 r ,00 ioil'! X , 4 TO *.ffCv !2 NI 4a 3"N I'L to. 4 404M. f-11�71 A,��,A I - :1,�Ns 6� ,*01 '7114 S t X wa T 4 _ 'i Ax All 41 4a n M,a go jo ao + vp Ai PTI, �v a§�y�� �ww�:a .qy��`" �y454w �up 4�'r,� Y�.+^," w�" �° �awu" �r a '1w����,t. ,l %�".. `, �A�A�r,„«^-. �"����M ,„�*-w"�,�d� �m✓ °.`�`r� Y"w4x" �.,www I 00 01 41 c5i,,e-410 in, I it 'It 619 ig, Pt v, wn w. % sw ri X7 41, elf� T" vif tV ■ w UJI Vp cz 0i AA OL A-1- kI LA Ci aw vm Li MUM" HEMP,