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HomeMy WebLinkAboutContract 45684 CITY SECRETARY , aNTRACT No.L ILI�,"A� COMPLETION AGREEMENT This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and Victory at North Tarrant, authorized to do business in Texas, ("Developer") effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 9.807 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP FS-13-158 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 14 2014-017; M&C N/A) relating to the development, Victory at North Tarrant, for Water, Sewer, Paving, Drainage and Street Light Improvements ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: 1 . Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. OFFICIM RECORD MIN 5E(';'RE17%JtN' F'r,',, WORTIt TX .......... 2. The Completion Amount. The City and the Developer agree that the Hard Costs (as shown on Exhibit "B") required to complete the Community Facilities in the aggregate should not exceed the sum of Three Hundred Forty One Thousand, Fifty Five Dollars and Forty Cents ($341 ,055.40), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. COMPLETION AGREEMENT SELF FUNDED Revised January 2012 Page 2 of 9 5. lermination. 'This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. Einal Plat, The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat o f t he Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and 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 Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. COMPLEVION AGRFEMENT SELF FUNDED Revised January 2012 Page 3 of 3 A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning & Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: CFA Division David Schroeder, Development Manager Email: David.Sclirqc Ld L ort Lr((,f -,NT o r th(-)o o r Confirmation Number: 817-392-2239 and/or Attention: CFA Division Jana Knight, Administrative Assistant Email: Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black Assistant City Attorney Telecopy Number: 817-392-8359 Confirmation Number: 817-392-7600 12OMPLETION AGREEMENT SELF FUNDED Revised January 2012 Page 4 of 4 (ii} Notice to the Developer shall be addressed and delivered as follows: Victory at North Tarrant, LLC Attention: Tony Ramji 825 W. Royal Lane, Suite 250 Irving, Texas 75039 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or Written or oral agreements among, the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headinzs. 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. COMPLETION AGREEMENT SELF FUNDED Revised January 2012 Page 5 of 5 Executed IN QLJADRUPI..,ET by the Parties hereto: EVEN E CITY F I WORTH: Name: T ony ji Fernando Costa Title: r Assistant City Manager Date: Date: ir P AI'P VII) AS TO Drug as lack Assistant City Attorney � noaa Assis TT" I ,d T .. d� �� d� � d d9 a�. y Je Kayser � 00C City Secretary C: Date: OFFICIAL i E tt] C COEatPL�TI GREEMENT ITY' SE,CRETARY SELF FUNDIED Revised January 202 FT. U�11111 Pape 6 of 6 LIST OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET COMPLETION A<iR1:;,E,MENT SELF FUNDED Revised January 2012 Page 7 of 7 EXHIBIT A LEGAL DESCRIPTION COMPLETION AGREEMENT SELF FUNDED Revised January 2012 Page 8 of 8 WHEREAS,Victory at N. Tarrant, LLC is the owner of a parcel of land situated in the John Edmonds Survey,Abstract Number 457 in the City of Fort Worth, Tarrant County, Texas. Said parcel of land being the same parcel as described in the deed to Victory at N. Tarrant, LLC recorded in Instrument Number D212318172 of the Official Public Records of Tarrant County,Texas(Hereafter referred to as the Victory Tract). Said parcel of land being more particularly described as follows: BEGINNING at a 3/4 inch rebar found at the southeast corner of said Victory Tract, also being the northeast corner of a parcel of land described in the deed to Tarrant County,Texas recorded in Volume 12487, Page 1762 of the Deed Records of Tarrant County,Texas. THENCE SOUTH 89 degrees 40 minutes 36 seconds WEST,433.44 feet with the north line of said parcel of land described in the deed to Tarrant County,Texas to a 3/4 inch capped rebar stamped "Peloton" found at the southwest corner of said Victory Tract; THENCE NORTH 00 degrees 21 minutes 28 seconds WEST, 907.52 feet with the west line of said Victory Tract to a 112 inch capped rebar stamped "W.A.I." found on the southwest line of Lot 26X, Block 18 of Lots 1-16, 17X, 18X, Block 16, Lots 9-25, 26X, Block 18, Lots 1-5, 6X, Block 19, Lots 20-31, 32X, Block 20, Valley Brook recorded under Instrument Number D211131540 of said Official Public Records (hereafter referred to as Lot 26X); THENCE SOUTH 60 degrees 31 minute 48 seconds EAST, 131.05 feet with the southwest line of Lot 26X, to a 1/2 inch rebar found at the beginning of a non-tangent curve concave to the southeast having a radius of 515.00 feet and a chord bearing of NORTH 36 degrees 29 minutes 44 seconds EAST; THENCE northeasterly an arc length of 71.18 feet coincident with the southerly curving line of said Lot 26X to a 1/2 inch rebar found at the beginning of a tangent line to said southerly curving line; THENCE NORTH 40 degrees 27 minutes 17 seconds EAST, 416.20 feet with the southerly line of said Lot 26X to a 1/2 inch rebar found at the southeast corner of said Lot 26X; THENCE SOUTH 00 degrees 35 minutes 50 seconds EAST, 1214.52 feet with the east line of said Victory Tract to the POINT OF BEGINNING, containing 9.809 acres. Basis of Bearings is the east line of Lot 1, Block A of the Aventine at Parkway Addition according to the plat recorded in Cabinet A, Slide 9633 of the Plat Records of Tarrant County, Texas (N00°21'28"W) EXHIBIT B COST LIST Section I Water $70,148.50 Sewer $23,037.50 Sub-total $93,186.00 Section II Interior Streets $10,911 .40 Storm Drains $210,364.00 Sub-total $221,275.40 Section III Street Lights $26,594.00 Sub-total $26,594.00 TOTAL $341,055.40 COMPLETION AGREEMENT SELF FUNDED Revised January 2012 Page 9 of 9