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CONTRACT No...
COMPLETION :-AGREEMENT
This Completion Agreement ("Agreement"). is made and entered into by and between the
City of Fort Worth, ("City") and Westover Oakmont, L.P., a Limited Partnership, authorized to
do bIISIneSS in Tcxas, ("Developer"), cflcctivc as of the last date executed by a Party hereto. The
City and the Developer may collectively be called the "Parties"'.
WITNESSETH:
WHEREAS, the Dcycloper owns that certain tract of real property that contains
approxiniatek 1.541 acres ol'land located in the ('llv. the legal description of which tract of real
propert\ is nlarkcd LXllltllt -X, I.qual Description. attached hereto and Incorporated herein 101'
all purposes, ( Property"), and
\VI1FRFAS, the Dcyeloper intends to develop the Property as an addition to the Cit}
through plat FS 15-079: and
WHFRFAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Westover Oakmont Addition for Sanitary Sewer and
Paving Improvements ("Improvements'): and
kVI IFRVAS. the City has required certain assurances that the Developer will cause to be
constructed to City standards the Improvements pursuant to the Community Facilities
Aorccincllt: and
W[II�RI;AS, the Partics desire to set Irth the terms and conditions of such
accommodations as are described ihm c.
NOW, THEREFORF, lol and in consideration of the mutual covenants and agreements
hereinafter set IOrth. it is hcrebv a(,recd by and hetyvCcn CiPN and DCN cloper as 1')Ilovvs:
1. Recitals. I lie lorcgoiug recitals arc U-uc. correct and complete and constitute the basis for
this Agreement and they arc incorporated into this Agreement for all purposes.
?. (he Completion Amount. The City and the Developer agree that the Hard Costs (as
shown on I:xhlblt "B") required to complete the Community Facilities in the aggregate
Should not exceed the sum of One IIundred and Fifty-Two Thousand and Six Hundred
and Thirty-Nine Dollars and Sixty-Five Cents Dollars ($152,639.65), hereinafter called
the "Completion Amount". Norivithstanding the foregoing, it is acknowledged that the
City of Dort Worth, Tcxas
Standard Completion Agreement — Sell-I-undcd
(TA Official [Wcasc Date: (17.1)1?(t l OFFICIAL RECORD
PaIgc t of 10 CITY SECRETARY
FT.WORTH, TX
actual costs of completion 01- tlhc Coillllllilllty f=acilities nlav vary LIS a result of change
orders agreed to by the Parties. but such yai lances for the purposes of this Agreement
Shall not affect the Completion .'\mount as used herein. City hereby waives the
reyuirenlent for developer to deposit a financial guarantee of 1001)/'o of the Hard Costs
under the CFA Policy.
i. 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, hereol
4. Satlsfacdoll of the C�It�' Ilei uil-CInCIlk. I-Ile ('lty agrCC5 lhal the assurances and covenants
contained ill tills z1grecnlent satisfy all rcqllll'enlelltS of the City with respect to
Developer's financial Guarantee, as described in the CIA Police, or other requirements
fol' SCCUI'lt\ ill Connection Mth the development of the Property and the completion of the
C o111111tlllity FdCIIitICS that are contained in the C'I'A or In any other agreement relating
thereto. and the ('its IcecptS the a:;SuranccS and Covenant." contained herein in lieu
thcrcol lo the C.xtCnt the (T,A irrcconci)ahlt conflicts vkith this A,reenlent, the
provisions of this A�1rccnlent shall control.
�. Termination. This Agreement shall terminate upon the earlier to occur of the following:
(a) acceptance by the City of the Community Facilities, or (b) mutual written agreement
of the Parties.
6. Final Plat. The Parties acknowled<,e and agree that the City shall hold the final plat of the
Property until the Coi11117Lill lty 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 fi-onl the Dei eloper 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 Countv vv here the Propert} is located. The purpose o1' the City retaining
CIt\ o1-Fort Worth, 1 exas
Standard Completion ;lgrCC1llrnt tied=FundCd
CF,101'ficial Release Date: 07.01 .2111
Pane 2 oI' 10
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 following:
A. A statement that the City is not holding any security to guarantee any payment for
work performed on the ('onui>Lulity Facilities.
13. A statement that the Property is private property and that same may be subject to
nlcchanic s and lllater►almall s hens;
C. A rCCIU11'e111Cnl that each Contractor contracting with the Developer release the City
from any claim that is related to the Property. and
1). A requirement that each contractor contracting Nvith the Developer include in each
SL1hCo11tract the statcrilcllts contained in (a). (b) and (c) above.
8. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the
Parties Without the prior written consent ofd) the other Parties.
B. Notice. Any notice required or permitted to be delivered Linder this Agreement shall
he deemed received on actual receipt by the appropriate party at the following
addresses:
(1) Notice to the City shall he addressed and delivered as follows:
Citi of bort Worth
Planning &, Development Department
1000 Throc knlorton Street
Fort Worth. texas 76102
Attention: CIA Division
Julie W'esternlan. Development Manager
I'.mail: JulicAVestcrimm a 161'mortlitexas.00v
Confirmation Number: 817-392-2677
and/or
CFA Division
L'inail: ( l :1 cr (ortw„rtlltcxas �o�
Confirmation Number: 817-192-2025
City of bort Worth. Texas
Standard Completion Agreement Scl1_FL111dcd
CIA Official Release Date: 07.01 .=U 1
Page 3of' 10
With a copy thercol-addressed and delivered as follows:
City of Fort Worth
1000 Throckinorton Street
Fort Worth. Texas 76102
Attention: Douglas W'. Black
Assistant City Attorney
Confirmation NLimllel-: 817-392-7615
(ii) Notice to the Developer shall be addressed and delivered as follows:
Westover Oakmont. L.P.
5�6 hth Ave.
Fort Worth. TX 7610 4
A party Illay chall"C Its address for notice LIPO11 1)I.101- til-IttCil notice to the other
parties pLIrSLlant to till' tel-111S IICI-COI'.
C. Texas Law to l )lv. 1 1115 Agreement shall be ConstrUed Under and in accordance
with the laws ol'the State of I-esas.
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.
F. Legal Construction. In case any one or more of the provisions contained in this
Agreement shall for anti reason is held to be invalid. illegal. or unenforceable in any
respect, such invaliclity. illegality-, or unenforceability shall not affect any other
provision of this Agreement. and this Agreement shall be collstrUed as if SLICII invalid.
illegal, or unenforceable provision had never been contained in this Agreement.
I'. Prior A!-'leC111CI1tS SLljlel-SedC(1. This Agl'CCITICIlt COI1StitLltCS the sole and only
aoreclllcilt of the Parties \\Ith 1-CSPCCt to the SL1bfeCt matter hereof and supersedes ally
prior understandings of X\1'IttCll ol- oral agreements alnong file Parties Coll cern Irig the
SL1bICc't Mattel- 1101-COf.
G. Amendment. This Agreement may only be amended by a w'rlttell instrument
eXecutcd by all of the Parties to this Agreement.
City of Fort Worth. Texas
Standard Completion Agreement SCI f=1"ended
CFA Oliicial Release Date: 07.01.201 i
Page 4 of 10
11. FIcadings. The 11eadiii-s that are used in this Agreement are used for reference and
COIIVCIIIenCC PUrPOSCS hill)' and CIO llot COIISt1tUIC Substantive matters to he Considered
in Construing the terms and provisions of this Agi-cclllent.
(RFMAINDFR OF PAGI: INTENTIONALLY ITFt BLANK)
City of bort Worth, Tcxas
Standard Completion Agreement— SC11=fu11ded
CIA Official Release Date: 07.01 201 5
Page 5 o f 10
LXCCllled in quadruplicate in each entity's respective name b} its duly authorized signatories
effective as of the date executed h} the Cuff s City Manager or his/licr desitnee.
CITY OF FORT WORTH: DEVELOPER:
l T v s� Cly�S ame: Sam Brous
:Assistant City Manager Title: Manager
I)ate: /� � �� — -- - Date: P-0-Is'
1P/)rcnT(I UA /0 F01-117 & Lc;�ulih':
Douglas W. Mack
Assistant City Attorney
ATTEST:
l
Q� fol
Mary . Pta
: 4.
City y
0 + o
moo��tra
Ditto: A
City of Fart Worth. Texas OFFICIAL RECORD
Standard Completion Agreement - SCI f-] ended CITY SECRETARY
CIA Official Release Date: 07.01.101� FT. WORTH TJX
Paoc 6 of 10 '
LIST OF EXHIBITS
ATTACHMENT "I"-CHANGl,.S 'l-0 STANDARD AGREEMENT
I-AMBIT A - LEGAL DESCRIPTION
IA11113 T I3 - APPROVED BUDGET
Cite of Fort Worth. Tcxas
Standard Completion Agreement Self-Funded
CFA Official Release Date: 07.012015
Page 7 of 10
ATTACHMENT "1"
Changes to Standard Agreement
Self-funded Completion Agreement
None
Citti of Fort Worth, Texas
Standard Completion Agreement SCIf-Funcled
CFA Official Release Date: 07.01 2015
Page 8 of 10
EXHIBIT A
LEGAL DESCRIPTION
BEING 1.541 acres of land located in the JOHN F. HEATH SURVEY, ABSTRACT NO. 641, Fort Worth,
Tarrant County, Texas, and being a portion of the tract of land conveyed to Westover Oakmont, LP by the
deed recorded in County Clerk's File No. D212319061 of the Deed Records of Tarrant County, Texas.
Said 1.541 acres of land being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found at the most Northerly Northeast corner of Lot 1, Block 1, OAKMONT-
HARRIS ADDITION, to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 7403 of the Plat Records ofTarrant County, Texas, and said POINT OF BEGINNING
also lying in the South right-of-way line of Oakmont Boulevard (a 120-foot-wide public right-of-way);
THENCE NORTHEASTERLY 255.03 feet, along the South right-of-way line of said Oakmont Boulevard,
and the North boundary line of said Westover Oakmont, LP Tract, with a curve to the right having a radius
of 1340.00 feet, a central angle of 10°54'16", a chord bearing N 76°24'55" E 254.64 feet, to a 1/2" iron rod
found marked"Brittain & Crawford", set in the West boundary line of a tract of land conveyed to the City
of Fort Worth for the expanded right-of-way area of Chishom Trail Parkway, by the deed recorded in
County Clerk's File No. D206322068 of the Deed Records of Tarrant County, Texas;
THENCE along the West boundary line of said City of Fort Worth Tract, being the new West right-of-way
line of said State Highway No. 121 (Chilsom Trail Parkway), as follows:
1. S 39020'18" E 123.87 feet, to a 1/2" iron marked"Brittain & Crawford", set;
2. S 01045'22" E 44.20 feet, to a 1/2" iron marked "Brittain &Crawford", set;
3. SOUTHWESTERLY 112.92 feet, along a curve to the left having a radius of 4019.72 feet, a central
angle of 0136'34", a chord bearing S 19°42'47"W 112.92 feet, to a 1/2" iron marked "Brittain &
Crawford", set in the South boundary line of said Westover Oakmont, LP Tract, and the North boundary
line of aforesaid Lot 1, Block 1,OAKMONT-HARRIS ADDITION;
THENCE SOUTHWESTERLY 213.72 feet, along the most Southerly North boundary line of said Lot 1,
Block 1„ OAKMONT-HARRIS ADDITION, with a curve to the left having a radius of 1090.00 feet, a
central angle of 11°14'02", and a chord bearing S 76°30'52"W 213.37 feet, to a 1/2" iron rod marked
"Brittain & Crawford", set,-
THENCE
et;THENCE N 19°06'11"W 250.00 feet, along the most Westerly East boundary line of said Lot 1, Block 1,
OAKMONT-HARRIS ADDITION, and the West boundary line of aforesaid Westover Oakmont, LP, to the
POINT OF BEGINNING containing 1.541 acres (67,110 square feet) of land.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 9 of 10
EXHIBIT B
APPROVED BUDGET
Section 1
Water $0.00
Sewer $90,371.00
Sub-total $90,371.00
Section II
Interior Streets $62,268.65
Storm Drains $0.00
Sub-total $62,268.65
Section III
Street Lights $0.00
Sub-total $0.00
TOTAL $152,639.65
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01?015
Page 10 of 10