HomeMy WebLinkAboutContract 47662 CITY SECRETAW
CONTRACT NO.
12LkL-
COMPLETION AGREEMENT
This Completion Agreement("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and First Texas Homes, Inc., a Texas Corporation, 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 19.153 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-015-070; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Primrose Crossing,Phase 3B 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.
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 One Million, Eighty-Two Thousand, Five Hundred Eighty
Dollars and Nineteen Cents ($1,082,580.19), hereinafter called the "Completion
Amount". Notwithstanding the foregoing, it is acknowledged that the actual WSA,
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 1 of 14 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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.
5. 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 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 of the Property as provided herein is to guarantee the Developer's
obligations under the CFA are completed.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 2 of 14
7. Construction Contracts. Developer agrees to include in each Construction contract that it
enters into for the completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guarantee any payment for
work performed on the Community Facilities;
B. A statement that the Property is private property and that same may be subject to
mechanic's and materialman's liens;
C. A requirement that each contractor contracting with the Developer release the City
from any claim that is related to the Property; and
D. A requirement that each contractor contracting with the Developer include in each
subcontract the statements contained in(a), (b) and(c) above.
8. Miscellaneous.
A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the
Parties without the prior written consent of all the other Parties.
B. Notice. Any notice required or permitted to be delivered under this Agreement shall
be deemed received on actual receipt by the appropriate party at the following
addresses:
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Planning & Development Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: CFA Division
Julie Westerman, Development Manager
Email: Julie.Westerman(&�fortworthtexas.gov
Confirmation Number: 817-392-2677
and/or
CFA Division
Email: CFA(&-fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 3 of 14
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Z.:c�,9- A
Assistant City Attorney
Confirmation Number: 817-392-7615
(ii) 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 75201
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.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 4 of 14
H. Headings. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substantive matters to be considered
in construing the terms and provisions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 5 of 14
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:
-�O f Jesus Chapa Name: Keith Hardesty
Assistant City Manager Title: DFW Division President
Date: Date: (Lei Ito
Approved as to Form &Legality:
6 Z/' z�q^.
Assistant City Attorney 4)_IU(ik
ATTEST:
FO
0
Mary . I � y
City ars � Xy
M&C: N Ile► A�XA S
Date:
F'oew► N14.
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded OFFICIAL RECORD
CFA Official Release Date: 07.01.2015 CITY SEC
Page 6 of 14 SECRETARY
FT. WORTH, TX
LIST OF EXHIBITS
ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 7 of 14
ATTACHMENT 66
1"
Changes to Standard Agreement
Self-Funded Completion Agreement
NONE
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 8 of 14
EXHIBIT A
LEGAL DESCRIPTION
WHEREAS FIRST TEXAS HOMES, INC. IS THE SOLE OWNER OF A 19.153 ACRE
TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY,
ABSTRACT NO. 4, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND
BEING PART OF A 51.013 ACRE TRACT OF LAND, CONVEYED TO FIRST
TEXAS HOMES, INC., BY DEED RECORDED IN COUNTY CLERK'S FILE NO.
D215150357, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAID
19.153 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS
STATE PLANE COORDINATES,NORTH CENTRAL ZONE,NAD83 (NAD83 (2011)
EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM
DALLAS CORS ARP (PID-DF8984) AND ARLINGTON RRP2 CORS ARP (PID-
DF5387), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR THE MOST EASTERN CORNER OF SAID FIRST TEXAS
HOMES, INC. TRACT,AND THE COMMON NORTH CORNER OF LOT 60,
BLOCK 1 OF PRIMROSE CROSSING, PHASE 3A, AN ADDITION TO THE CITY
OF FORT WORTH, AS RECORDED IN CABINET A, SLIDE 11817, PLAT
RECORDS, TARRANT COUNTY, TEXAS, SAME BEING AN INTERIOR ELL
CORNER OF SAID PRIMROSE CROSSING, PHASE 3A. SAID POINT BEING ON
THE SOUTH RIGHT-OF-WAY LINE OF LACEBARK ELM DRIVE, A 50 FOOT
RIGHT-OF-WAY, AS RECORDED IN CABINET A, SLIDE 11817, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
THENCE, ALONG THE EAST LINE OF SAID FIRST TEXAS HOMES, INC. TRACT,
AND THE COMMON WEST LINE OF SAID PRIMROSE CROSSING, PHASE 3A,
THE FOLLOWING COURSES AND DISTANCES:
SOUTH 29 DEGREES 36 MINUTES 06 SECONDS WEST, A DISTANCE OF
245.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "CARTER BURGESS" FOUND FOR CORNER;
SOUTH 11 DEGREES 15 MINUTES 06 SECONDS WEST, A DISTANCE OF
3.45 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
THENCE, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 70 DEGREES 50 MINUTES 42 SECONDS WEST, A DISTANCE OF
127.27 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER, AND THE BEGINNING OF A
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 9 of 14
NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
19 DEGREES 20 MINUTES O1 SECOND, A RADIUS OF 200.00 FEET, AND
A LONG CHORD THAT BEARS SOUTH 12 DEGREES 10 MINUTES 44
SECONDS WEST A DISTANCE OF 67.17 FEET;
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC
DISTANCE OF 67.49 FEET TO A 5/8" IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 87 DEGREES 32 MINUTES 38 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER, AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE
OF 00 DEGREES 58 MINUTES 58 SECONDS, A RADIUS OF 250.00 FEET,
AND A LONG CHORD THAT BEARS NORTH 02 DEGREES 59 MINUTES
32 SECONDS EAST A DISTANCE OF 4.29 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC
DISTANCE OF 4.29 FEET TO A 5/8" IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 37 DEGREES 43 MINUTES 01 SECONDS WEST, A DISTANCE OF
15.13 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 78 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF
17.91 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER, AND THE BEGINNING OF A
TANGENT CURVE TO THE LEFT HAVING A CENTRAL.ANGLE OF 12
DEGREES 02 MINUTES 08 SECONDS, A RADIUS OF 125.00 FEET, AND A
LONG CHORD THAT BEARS NORTH 84 DEGREES 31 MINUTES 24
SECONDS WEST A DISTANCE OF 26.21 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
26.26 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER,
SOUTH 89 DEGREES 27 MINUTES 32 SECONDS WEST, A DISTANCE OF
17.89 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
SOUTH 00 DEGREES 32 MINUTES 28 SECONDS EAST, A DISTANCE OF
115.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 10 of 14
SOUTH 89 DEGREES 27 MINUTES 32 SECONDS WEST, A DISTANCE OF
660.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 00 DEGREES 32 MINUTES 28 SECONDS WEST, A DISTANCE OF
115.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
SOUTH 89 DEGREES 27 MINUTES 32 SECONDS WEST, A DISTANCE OF
55.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
SOUTH 44 DEGREES 27 MINUTES 32 SECONDS WEST, A DISTANCE OF
14.14 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
SOUTH 89 DEGREES 27 MINUTES 32 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 45 DEGREES 32 MINUTES 28 SECONDS WEST, A DISTANCE OF
14.14 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 00 DEGREES 32 MINUTES 28 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 44 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE OF
14.14 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 00 DEGREES 32 MINUTES 28 SECONDS WEST, A DISTANCE OF
210.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 45 DEGREES 32 MINUTES 28 SECONDS WEST, A DISTANCE OF
14.14 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
NORTH 00 DEGREES 32 MINUTES 28 SECONDS WEST, A DISTANCE OF
50.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "JACOBS" SET FOR CORNER;
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 11 of 14
CABINET A, SLIDE 11614, PLAT RECORDS, TARRANT COUNTY, TEXAS,
AND BEING AT THE NORTH END OF A CORNER CLIP AT THE
INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF WEST
RISINGER ROAD, AND THE WEST RIGHT-OF-WAY LINE OF SWEET
FLAG LANE, A 60 FOOT RIGHT-OF-WAY, AS RECORDED IN CABINET
A, SLIDE 11817, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE, ALONG AN EAST LINE OF SAID FIRST TEXAS HOMES, INC. TRACT,
AND A COMMON WEST LINE OF AFORESAID PRIMROSE CROSSING, PHASE
3A, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 15 DEGREES 23 MINUTES 54 SECONDS EAST, ALONG SAID
CORNER CLIP, A DISTANCE OF 14.26 FEET TO A 5/8" IRON ROD WITH A
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
SOUTH 29 DEGREES 36 MINUTES 06 SECONDS WEST, ALONG SAID
WEST RIGHT-OF-WAY LINE OF SAID SWEET FLAG LANE, A DISTANCE
OF 165.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP
STAMPED "CARTER BURGESS" FOUND FOR AN INTERIOR ELL
CORNER OF SAID FIRST TEXAS HOMES, INC. TRACT, AND A COMMON
EXTERIOR ELL CORNER OF SAID PRIMROSE CROSSING, PHASE 3A;
THENCE,ALONG A NORTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT,
AND A COMMON SOUTH LINE OF SAID PRIMROSE CROSSING, PHASE 3A,
THE FOLLOWING COURSES AND DISTANCES:
SOUTH 60 DEGREES 23 MINUTES 54 SECONDS EAST, OVER AND
ACROSS SAID SWEET FLAG LANE, A DISTANCE OF 60.00 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 EAST RIGHT-OF-WAY LINE OF SAID SWEET
FLAG LANE, AND THE SOUTH RIGHT-OF-WAY LINE OF AFORESAID
LACEBARK ELM DRIVE;
NORTH 74 DEGREES 36 MINUTES 06 SECONDS EAST, ALONG SAID
CORNER CLIP, A DISTANCE OF 14.14 FEET TO A 5/8" IRON ROD WITH A
YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE
EAST END OF SAID CORNER CLIP;
SOUTH 60 DEGREES 23 MINUTES 54 SECONDS EAST, ALONG SAID SOUTH
RIGHT-OF-WAY LINE OF SAID LACEBARK ELM DRIVE, A DISTANCE OF
105.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A
CALCULATED AREA OF 19.153 ACRES OF LAND.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 13 of 14
EXHIBIT B
APPROVED BUDGET
Section I
Water $170,140.86
Sewer $195,988.24
Sub-total $366,129.10
Section II
Interior Streets $524,071.45
Storm Drains $124.784.56
Sub-total $648,856.01
Section III
Street Lights $67,595.08
Sub-total $67,595.08
TOTAL $1,082,580.19
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015
Page 14 of 14