HomeMy WebLinkAboutContract 48648 CITY SECRETAW 'MI/1-a
CONTRACT NO.
AGREEMENT FOR CONSTRUCTION OF SENDERA RANCH BOULEVARD
This Agreement for Construction of Sendera Ranch Boulevard ("Agreement") is entered
into by and between the City of Fort Worth, Texas (the "City"), a home-rule municipal
corporation situated in Tarrant, Denton, Johnson, Parker and Wise Counties, Texas, acting by
and through its duly authorized Assistant City Manager; CTMGT Alpha Ranch, LLC, a Texas
limited liability company ("Alpha Ranch LLC"); CTMGT AR II, LLC, a Texas limited liability
company ("AR II LLC"); and Alpha Ranch Fresh Water Supply District of Denton and Wise
Counties (the "District") (Alpha Ranch LLC, and AR II, LLC, being sometimes referred to as
"Owners").
ARTICLE I
RECITALS
A. The District is a conservation and reclamation district created and operating in
Denton and Wise Counties, Texas pursuant to Article XVI, Section 59, Texas Constitution, and
Chapters 49, 51 and 53 of the Texas Water Code, consisting of 1,293.736 acres of land.
B. The District was created by order of the Texas Commission on Environmental
Quality as Alpha Ranch Water Control and Improvement District and was converted to a fresh
water supply district on August 24, 2015.
C. The City granted conditional consent to creation of Alpha Ranch Water Control
and Improvement District by the adoption of Resolution No. 3345-05-2006 on May 16, 2006 (the
"Consent Resolution"), which resolution limited the purposes for which the District may issue
bonds to expenditures related to the provision of water, sewer and drainage services, subject to
modification of such purposes by contract.
D. The District conducted an election on November 3, 2015, pursuant to Section
53.029 of the Texas Water Code to assume the rights, authority, privileges, and functions of a
road district under Article III, Section 52(b)(3) of the Texas Constitution.
E. Pursuant to that certain Creation and Operation Agreement for Alpha Ranch Fresh
Water Supply District between the City and,,the District dated (City
Secretary Contract No.4tAAI) the City consented to issuance of bonds b the District for
construction, acquisition, improvement, maintenance and operation of macadamized, graveled or
paved roads and turnpikes and improvements in aid of such roads and turnpikes.
F. Alpha Ranch LLC is the owner of 1,122.139 acres in Denton and Wise Counties
within the City's extraterritorial jurisdiction ("ETJ") and encompassed by the District, as shown
on Exhibit A and more particularly described in Exhibit B attached hereto and incorporated
herein by reference(the "Alpha Ranch LLC Tract").
G. AR II LLC is the owner of 160.8963 acres in Denton County within the City's
ETJ and encompassed by the District, as shown on Exhibit A and more particularly described in
Exhibit C attached hereto and incorporated herein by reference (the "Elizabeth Creek Tract"),
Agreement for Construction of Sendera Ranch Boulevard—Page 1 OFFICIAL RECORDCITY SECRETARY
FT. WORTH,TX
with the remainder of land within the Alpha Ranch District consisting of State Highway 114
("SH 114") right-of-way.
H. Alpha Ranch LLC owns 171.089 acres of land adjacent to the District, shown in
Exhibit A and more particularly described in Exhibit D attached hereto and incorporated herein
for all purposes, and has submitted a petition to the City seeking consent to annexation of such
property by the District(the "CTMGT Tract").
I. The Ryan Dynasty Trust owns 12.916 acres of land adjacent to the District,
shown in Exhibit A and more particularly described in Exhibit E attached hereto and
incorporated herein for all purposes, and has submitted a petition to the City seeking consent to
annexation of such property by the District (the "Ryan Trust Tract").
J. The 1,293.736 acres currently encompassed by the District is hereafter referred to
as the "Alpha Ranch Property". If the CTMGT Tract and the Ryan Trust Tract are annexed by
the District, the CTMGT Tract and the Ryan Trust Tract will also be included within the Alpha
Ranch Property.
K. Alpha Ranch LLC and AR II LLC intend to develop the Alpha Ranch Property as
a master-planned mixed-use development pursuant to a development agreement with the City
pursuant to Section 212.171, et seq., Texas Local Government Code (the "Project").
L. Sendera Ranch Boulevard currently terminates just south of Suncatcher Way
within the Sendera Ranch development in the City's corporate limits.
M. The extension of Sendera Ranch Boulevard from its current terminus through the
Alpha Ranch Property to SH 114 is reflected in the City's Master Thoroughfare Plan as a six lane
principal arterial.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, the Parties contract and agree as follows with respect to
construction of the Sendera Ranch Boulevard Extension, as hereafter defined:
ARTICLE II
DEFINITIONS
"Alpha Ranch LLC Tract" has the meaning set out in Recital F.
"Alpha Ranch Property" has the meaning set out in Recital J.
"CFA Policy" means the "Policy for the Installation of Community Facilities" as amended in
March 2001 (M&C G-13181) in effect on the Effective Date, including any amendments thereto
that are in effect on the Effective Date.
"City Review Fees" means fees and charges applicable to the review and approval of plans
relating to the construction of the Sendera Ranch Boulevard Extension according to the fee
schedule adopted by the City Council and in effect on the date of submittal of such plans.
Agreement for Construction of Sendera Ranch Boulevard—Page 2
"Consent Resolution" has the meaning set out in Recital C.
"Contractor" means a person or entity retained by the District or Owners to construct all or any
part of Sendera Ranch Boulevard.
"CTMGT Tract" has the meaning set out in Recital H.
"Effective Date" means the effective date of this Agreement as defined in Section 5.16.
"Elizabeth Creek Tract" has the meaning set out in Recital G.
"Governing Regulations" means all City ordinances, regulations, policies, manuals and other
requirements relating to construction of roads, including the design, location, construction,
payment or fees, operation and maintenance thereof, applicable within the City's corporate limits
on the Effective Date. Further, "Governing Regulations" includes all amendments to the
foregoing requirements and all new requirements relating to design and construction of roads
that are adopted or approved after the Effective Date, except any amendments from which the
Project is exempt pursuant to Chapter 245 of the Local Government Code.
"Parties" means, collectively, the City, Owners, the District, and any successors and assigns, as
permitted by this Agreement.
"Party" means, individually, the City, Owners, the District, or any successors and assigns, as
permitted by this Agreement.
"Project" has the meaning set out in Recital K.
"Ryan Trust Tract" has the meaning set out in Recital I.
"Sendera Ranch Boulevard Extension" has the meaning set out in Section 3.01.
ARTICLE III
SENDERA RANCH BOULEVARD EXTENSION
3.01 Construction of Sendera Ranch Boulevard Extension. Owners and the District
will design and construct, or cause the design and construction of, four lanes of Sendera Ranch
Boulevard from its current terminus to SH 114 (the "Sendera Ranch Boulevard Extension").
Owners and the District have no obligation with respect to dedication of right-of-way for, design
or construction of lanes five and six of Sendera Ranch Boulevard. The Sendera Ranch
Boulevard Extension shall be constructed in four phases (each, a "phase"), consisting of Phases 1
and 3 within the boundaries of the District, and Phases 2 and 4 outside the boundaries of the
District (subject to Section 3.03), as depicted on Exhibit F, as follows:
(a) The eastern two lanes of Sendera Ranch Boulevard will be constructed from SH
114 to the southern boundary of the Alpha Ranch Property (Phase 1) prior to approval by the
City of final plat for the 450th single-family lot within the Alpha Ranch Property.
Agreement for Construction of Sendera Ranch Boulevard—Page 3
(b) The eastern two lanes of Sendera Ranch Boulevard will be constructed from the
southern border of the Alpha Ranch Property south to connect to the northernmost section of
existing Sendera Ranch Boulevard (Phase 2) prior to approval by the City of final plat for the
750th single-family lot within the Alpha Ranch Property.
(c) The western two lanes of Sendera Ranch Boulevard will be constructed from SH
114 to the southern boundary of the Alpha Ranch Property (Phase 3) prior to approval by the
City of final plat for the 1,500th single-family lot within the Alpha Ranch Property.
(d) The western two lanes of Sendera Ranch Boulevard will be constructed from the
southern border of the Alpha Ranch Property to connect to the northernmost section of existing
Sendera Ranch Boulevard (Phase 4) prior to approval by the City of final plat for the 1,800th
single-family lot within the Alpha Ranch Property.
3.02 Easements and Rights-of-Way. All easements and rights-of-way for construction
by Owners or the District of the Sendera Ranch Boulevard Extension will be acquired by Owners
or the District and granted to the City at no cost to the City. To the extent required, the City
agrees to use its eminent domain authority to obtain easements and rights-of-way outside the
boundaries of the Alpha Ranch Property, at the expense of the District and Owners. Owners and
the District shall have no obligation to obtain such easements or rights-of-way for any portion of
Phase 2 or Phase 4 constructed by any other landowner or developer in accordance with Section
3.04.
3.03 Conditions for Construction of Phase 2 and Phase 4. The obligations by Owners
and the District to construct Phase 2 and Phase 4 are subject to the following conditions:
(a) The City will reimburse Owners and the District for all costs incurred by Owners
and the District in connection with Phase 2 and Phase 4, including without limitation costs of
easements, design, construction and inspection (the "Phase 2 Costs" and the "Phase 4 Costs",
respectively)in accordance with this Section 3.03.
(b) Prior to execution of a Community Facilities Agreement by Owners or the District
for construction of any portion of Phase 2, the City shall appropriate funds to reimburse Owners
and the District for the Phase 2 Costs or shall provide other funding arrangements satisfactory to
Owners and the District. If the City does not satisfy such funding requirement, Owners and the
District shall have no obligation to construct Phase 2 and the limitations on approval of final
plats in Section 3.01 shall not apply.
(c) Owners and the District shall have no obligation to execute a Community
Facilities Agreement or to take any other action to construct Phase 4 until Owners and the
District have been reimbursed in full for the Phase 2 Costs. Prior to execution of a Community
Facilities Agreement by Owners or the District for construction of any portion of Phase 4, the
City shall appropriate funds to reimburse Owners and the District for the Phase 4 Costs or shall
provide other funding arrangements satisfactory to Owners and the District. If the City does not
Agreement for Construction of Sendera Ranch Boulevard—Page 4
satisfy such funding requirement, Owners and the District shall have no obligation to construct
Phase 4 and the limitations on approval of final plats in Section 3.01 shall not apply.
3.04 Construction of Phases 2 and 4 by Others. In the event that any portion of Phase
2 or Phase 4 is constructed by other developers or landowners, the City shall coordinate such
construction with Owners and the District. The City expressly agrees that the District and
Owners shall have no obligation to pay, or to reimburse others for, any costs related to such
construction. Owners and the District shall be obligated to complete the remaining portions of
Phase 2 and Phase 4 not constructed by others in accordance with the phasing requirements set
out in Section 3.01, provided the City satisfies the conditions set out in Section 3.03.
ARTICLE IV
CONSTRUCTION AND MAINTENANCE
OF SENDERA RANCH BOULEVARD EXTENSION
4.01 Infrastructure Standards. The Sendera Ranch Boulevard Extension shall be
designed and constructed as a principal arterial in compliance with the Governing Regulations.
4.02 Plan Review; Payment of Fees; and Pre-Construction Conference. Construction
of the Sendera Ranch Boulevard Extension shall not commence until (i) final construction plans
and specifications have been reviewed and accepted by the City for compliance with the
Governing Regulations and Exhibit F; (ii) a pre-construction conference has been held by the
Contractor, the District's engineer and designated representatives of the City; and (iii) the
applicable City Review Fees have been paid. At such pre-construction conference, the City shall
designate a City employee to serve as the project manager and the project inspector (the "City
Inspector"). If the City does not review and approve construction plans and specifications within
sixty (60) days after submittal to the City, such plans and specifications shall be deemed
approved. The infrastructure plans shall be reviewed and accepted in accordance with the
Governing Regulations.
4.03 Community Facilities Agreements. Construction of the Sendera Ranch Boulevard
Extension shall not commence until a Community Facilities Agreement has been executed in
accordance with the CFA Policy for projects within the City's corporate limits. In the event of a
conflict between this Agreement and the CFA Policy or Community Facilities Agreement, this
Agreement will prevail.
4.04 Inspections by Third Party Inspectors. Except as otherwise provided in this
Article IV, inspectors retained and paid for by the District or Owners and approved by the City
shall perform all inspections and testing of the Sendera Ranch Boulevard Extension.
Construction of the Sendera Ranch Boulevard Extension shall not commence until such
inspectors have been approved by the City, which approval shall not be unreasonably withheld or
delayed. The District or Owners, as applicable, shall require all inspectors it retains to provide
copies of all inspection and testing reports to the City Inspector within five (5) business days of
the date of the inspection.
Agreement for Construction of Sendera Ranch Boulevard—Page 5
4.05 Final Inspections. The City shall have the right, but not the obligation, to inspect
and test phases of the Sendera Ranch Boulevard Extension at any time and to participate in a
final inspection of phases of the Sendera Ranch Boulevard Extension. The Contractor shall
notify the City Inspector when the Sendera Ranch Boulevard Extension is ready for final
inspection. If the City Inspector concurs that construction of a phase of the Sendera Ranch
Boulevard Extension is substantially complete, the City Inspector will schedule a final inspection
by the City within 30 days. Upon such final inspection and completion of any punch list items,
written certification by the City Inspector that the applicable phase of the Sendera Ranch
Boulevard Extension has been constructed in compliance with the Governing Regulations shall
constitute compliance with all inspection requirements. The City shall issue a letter to Owners
and the District approving such phase of the Sendera Ranch Boulevard Extension within fifteen
(15) days after all requirements are met.
4.06 Contractors. The District and Owners shall incorporate the requirements of this
Article IV into written construction contracts with all Contractors. All such contracts shall
provide that the City is a third-party beneficiary of and may enforce such contracts against the
Contractor.
4.07 Access by City Employees. Any duly authorized employee of the City bearing
proper credentials and identification shall be granted access to any property within the District as
the City may determine necessary for the purpose of inspection and testing Phase 1 or Phase 3 of
the Sendera Ranch Boulevard Extension.
4.08 As-Built Drawings. The District and Owners shall be jointly responsible for the
delivery of mylar as-built drawings for each phase of the Sendera Ranch Boulevard Extension to
the City Inspector within 30 days after final inspection.
4.09 Dedication to the City. Within thirty (30) days after Owners and the District
receive a letter from the City approving Phase 2 or Phase 4 of the Sendera Ranch Boulevard
Expense, such roadway shall be dedicated to the City along with all appurtenant easements and
rights-of-way. Following dedication of Phases 2 and 4, the City, the City shall have full
ownership and control of such roads.
4.10 Maintenance. Owners or the District shall maintain Phases 1 and 3 at no expense
to the City. The City shall maintain Phases 2 and 4 at no expense to Owners or the District.
ARTICLE V
MISCELLANEOUS
5.01 Governing Law; Jurisdiction and Venue. THIS AGREEMENT SHALL BE
CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AS
THEY APPLY TO CONTRACTS PERFORMED WITHIN THE STATE OF TEXAS AND WITHOUT REGARD
TO ANY CHOICE OF LAW RULES OR PRINCIPLES TO THE CONTRARY. THE PARTIES
ACKNOWLEDGE THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT COUNTY, TEXAS AND
HEREBY SUBMIT TO THE JURISDICTION OF THE COURTS OF TARRANT COUNTY AND AGREE
Agreement for Construction of Sendera Ranch Boulevard—Page 6
THAT ANY SUCH COURT SHALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE
ARISING HEREUNDER.
5.02 Notice. Any notices, approvals, or other communications required to be given by
one Party to another under this Agreement (a "Notice") shall be given in writing addressed to the
Party to be notified at the address set forth below and shall be deemed given: (a) when the Notice
is delivered in person to the person to whose attention the Notice is addressed; (b) when received
if the Notice is deposited in the United States Mail, certified or registered mail, return receipt
requested, postage prepaid; or (c) when the Notice is delivered by Federal Express, UPS, or
another nationally recognized courier service with evidence of delivery signed by any person at
the delivery address. If any date or period provided in this Agreement ends on a Saturday,
Sunday, or legal holiday, the applicable period for calculating the Notice shall be extended to the
first business day following the Saturday, Sunday, or legal holiday. For the purpose of giving
any Notice, the addresses of the Parties are set forth below. The Parties may change the
information set forth below by sending Notice of such changes to the other Party as provided in
this section.
To the City:
City of Fort Worth, Texas
Attn: City Secretary
1000 Throckmorton Street
Fort Worth, Texas 76102
City of Fort Worth, Texas
Attn: City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
City of Fort Worth, Texas
Attn: Transportation and Public Works Director
1000 Throckmorton Street
Fort Worth, Texas 76102
City of Fort Worth, Texas
Attn: City Attorney's Office
1000 Throckmorton Street
Fort Worth, Texas 76102
Agreement for Construction of Sendera Ranch Boulevard—Page 7
To the District:
Alpha Ranch Fresh Water
Supply District of
Denton and Wise Counties
c/o: Winstead P.C.
Attn: Ross Martin
500 Winstead Building
2728 N. Harwood Street
Dallas, Texas 75201
To Owners:
CTMGT Alpha Ranch, LLC
Attn: Ross Calhoun
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
CTMGT AR II, LLC
Attn: Ross Calhoun
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
5.03 Assi nin
(a) Neither the District nor the City may assign this Agreement without the
written consent of the other Parties.
(b) Each Owner has the right, from time to time, to assign this Agreement, in
whole or in part, and including any obligation, right, title, or interest of Owner under this
Agreement, to the District, and/or to any person or entity (an "Assignee") without the
consent of the City, provided that the following conditions are satisfied: (i) if not a
District, Assignee is a successor owner of any portion of the Alpha Ranch Property or is a
lender to a successor owner of all or any part of such property or has a contractual right to
be reimbursed for the Sendera Ranch Boulevard Extension from bonds issued by the
District (or has a lien or other security interest in such reimbursements); (ii) the
assignment is in writing executed by Owner and Assignee in the form of assignment
attached as Exhibit G; (iii) Assignee expressly assumes in the assignment any assigned
obligations and expressly agrees in the assignment to observe, perform, and be bound by
this Agreement to the extent this Agreement relates to the obligations, rights, titles, or
interests assigned; and (iv) a copy of the executed assignment is provided to all Parties.
Provided the foregoing conditions are satisfied, from and after the date the fully executed
assignment is received by the City, the City agrees to look solely to Assignee for the
performance of all obligations assigned to Assignee and agrees that the assigning Owner
shall be released from performing the assigned obligations and from any liability that
Agreement for Construction of Sendera Ranch Boulevard—Page 8
results from the Assignee's failure to perform the assigned obligations. No assignment by
Owner shall release Owner from any liability that resulted from an act or omission by
Owner that occurred prior to the effective date of the assignment. Owner shall maintain
written records of all assignments made by Owner (including, for each Assignee, the
Notice information required by this Agreement, and including a copy of each executed
assignment) and, upon written request from any Party or Assignee, shall provide a copy
of such records to the requesting person or entity. It is specifically intended that this
Agreement, and all terms, conditions and covenants herein, shall survive a transfer,
conveyance, or assignment occasioned by the exercise of foreclosure of lien rights by a
creditor or a Party, whether judicial or non judicial. This Agreement shall be binding
upon and inure to the benefit of the Parties and their respective successors and Assignee.
5.04 No Third Party Beneficiary. This Agreement is solely for the benefit of the
Parties, and no Party intends by any provision of this Agreement to create any rights in any third-
party beneficiaries or to confer any benefit upon or enforceable rights under this Agreement or
otherwise upon anyone other than the City, the District, and Owners.
5.05 Amendment. This Agreement may be amended only with the written consent of
the Parties and with approval of the governing bodies of the City and the District.
5.06 No Waiver. Any failure by a Parry to insist upon strict performance by any other
Party of any material provision of this Agreement shall not be deemed a waiver thereof, and each
Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party hereto of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition.
5.07 Severability. The provisions of this Agreement are severable and, in the event
any word, phrase, clause, sentence, paragraph, section, or other provision of this Agreement, or
the application thereof to any person or circumstance, shall ever be held or determined to be
invalid, illegal, or unenforceable for any reason, and the extent of such invalidity or
unenforceability does not cause substantial deviation from the underlying intent of the Parties as
expressed in this Agreement, then such provision shall be deemed severed from this Agreement
with respect to such person, entity or circumstance, without invalidating the remainder of this
Agreement or the application of such provision to other persons, entities or circumstances, and a
new provision shall be deemed substituted in lieu of the provision so severed which new
provision shall, to the extent possible, accomplish the intent of the Parties as evidenced by the
provision so severed.
5.08 Captions. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of the Agreement.
5.09 Force Majeure. No Party shall be considered to be in default in the performance
of any of the obligations hereunder (other than obligations of either Party to pay costs and
Agreement for Construction of Sendera Ranch Boulevard—Page 9
expenses) if such failure of performance shall be due to an uncontrollable force beyond the
control of the Parties, including but not limited to, the failure of facilities, flood, earthquake,
tornado, storm, fire, lightning,. epidemic, war, riot, civil disturbance or disobedience, labor
dispute, labor or material shortage, sabotage, or restraint by a court order or public authority,
which by the exercise of due diligence and foresight such Party could not have reasonably been
expected to avoid. Any Party rendered unable to fulfill any obligation by reason of an
uncontrollable force shall exercise due diligence to remove such inability with all reasonable
dispatch.
5.10 Breach, Notice and Remedies.
(a) If any Party commits a breach of this Agreement, the non-breaching Party
shall give Notice to the breaching Party that describes the breach in reasonable detail.
(b) The breaching Party shall commence curing such breach within fourteen
(14) calendar days after the time the breaching Party receives such Notice and complete the cure
within fourteen (14) calendar days from the date of commencement of the cure; however, if the
breach is not reasonably susceptible to cure by the breaching Party within such 14-day period,
the non-breaching Party shall not bring any action so long as the breaching Party has commenced
to cure the default within such 14-day period and diligently completes the cure within a
reasonable time without unreasonable cessation of the work.
(c) If the breaching Party does not substantially cure such breach within the
stated period of time, the non-breaching Party may, in its sole discretion, and without prejudice
to any other right under this Agreement, law, or equity, seek an action under the Uniform
Declaratory Judgment Act, specific performance, mandamus, injunctive relief, and other
remedies described in this Agreement; provided, however, that the non-breaching Party shall not
be entitled to terminate this Agreement and each Party specifically waives any right such Party
has or in the future may have to terminate this Agreement. It is understood and agreed that no
Party shall seek or recover actual, consequential or any other type of monetary damages or
awards, including but not limited to attorney's fees, in the event that any Parry brings suit under
or related to this Agreement.
(d) By execution of this Agreement, neither the City nor the District waives or
surrenders any of its respective governmental powers, immunities or rights, except as specifically
waived pursuant to this subsection. The City and the District mutually waive their governmental
immunity from suit and liability only as to any action brought by a Party to pursue the remedies
available under this Agreement and only to the extent necessary to pursue such remedies.
Nothing in this section shall waive any claims, defenses or immunities that the City or the
District has with respect to suits against the City or the District by persons or entities not a party
to this Agreement.
5.11 Interpretation. The Parties acknowledge that each party and, if it so chooses, its
counsel have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any amendments or exhibits hereto. As used in this
Agreement for Construction of Sendera Ranch Boulevard-Page 10
Agreement, the term "including" means "including without limitation" and the term "days"
means calendar days, not business days unless otherwise expressly stated. Wherever required by
the context, the singular shall include the plural, and the plural shall include the singular. Each
defined term herein may be used in its singular or plural form whether or not so defined.
5.12 No Joint Venture. No provision of this Agreement shall be construed to create
any type of joint or equity ownership of any property or any partnership or joint venture.
5.13 Counterpart Originals. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
5.14 Effect of Agreement. This Agreement supersedes any prior understandings or
written or oral agreements among the Parties and their affiliates, concerning the subject matter
hereof.
5.15 Incorporation of Exhibits by Reference. All exhibits attached to this Agreement
are incorporated into this Agreement by reference for the purposes set forth herein, as follows:
Exhibit A Map of Alpha Ranch Property
Exhibit B Legal Description of Alpha Ranch LLC Tract
Exhibit C Legal Description of Elizabeth Creek Tract
Exhibit D Legal Description of CTMGT Tract
Exhibit E Legal Description of Ryan Trust Tract
Exhibit F Sendera Ranch Boulevard Extension
Exhibit G Assignment and Assumption Agreement
5.16 The Agreement shall be effective upon execution by all Parties (the "Effective
Date").
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Agreement for Construction of Sendera Ranch Boulevard—Page 11
ATTEST: ��: �® ITY OF FORT WORTH
Texas home-rule municipal corporation of
rrant, Denton, Johnson, Parker and Wise
ounties
a>k.
By: 71iwa4�1��IL_
ar J. Kayser
ity Secretary (print name)
Title:
Date: 2115-11-1
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
FOFFICIAIL RECORD
R= ARSRTH,TX
Agreement for Construction of Sendera Ranch Boulevard—Page 12
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
90 604J
Dana Burghdoff
Assistant Director-P ping
Planning&Development Department
ALPHA RANCH FRESH WATER SUPPLY
DISTRICT OF DENTON AND WISE
COUNTIES
Name: G`49Ife 4y/"�'�
President, Board of Supervisors
Agreement for Construction of Sendera Ranch Boulevard—Page 13
CTMGT ALPHA RANCH, LLC,
a Texas limited liability company
By: CENTAMTAR TERRAS, LLC,
a Texas limited liability company,
Its: Manager
By: CTMGT, LLC,
a Texas limited liability company,
Its: Manager
By:
Name: Mehrdad Moayedi
Title: Manager
CTMGT AR II, LLC
a Texas limited liability company
By: CENTAMTAR TERRAS, LLC,
a Texas limited liability company,
Its: Manager
By: CTMGT, LLC,
a Texas limited liability company,
Its: Manager
By:
Name: Mehrdad Moayedi
Title: Manager
Agreement for Construction of Sendera Ranch Boulevard—Page 14
Exhibit A
Map of Alpha Ranch Property
Exhibit A to Sendera Ranch Boulevard Agreement—Page 1
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Exhibit B
Legal Description of Alpha Ranch LLC Tract
Exhibit B to Sendera Ranch Boulevard Agreement—Page 1
ESTABLISHED 1880
BROOKES BAKER SURVEYORS
i>OIJ W. HICKEY, RPLS, LSLS A PROFESSIONAL'GORPORATION BROOKES BAKER (1902.1955)
ALAN W. HICKEY, RPLS TITLE AND TOPOGRAPHIC.SURVEYING JOHN F. BAKER (1924-1985)
GAREY M GILLEY, RPLS, LSLS 930 Hickey Gourt S.J. BAKER (1S27.1999)
CONSULT.INT Granburv,Texas 76049 FRED M. MORRIS (1936-1999)
817-279-0232
Fax 817.279-9694
April 24, 2004
Page 1 of 5
ield notes for:-( P kRCE1, 2 }
Parts of the JOSHUA KING G SURVEY) Abstract No. 712, the SMITH COUNTY SCHOOL
LAND SURVEY, Abstract NO. 743 of the Wlvi. GAFFIELD SURVEY, Abstract No.
332, frit EMPSON THO?VIPSON SL�VEY, Abstract No. 804 and.the THOMAS PEOPLES
SURVEY, Abstract No. 677 situated in Wise' and Dcnton Counties, Texas; embracing apart of
flit 1302-325/1000 acres Tract described in, the deed to Alpha Ranch Ltd., recorded in volume
4645, page 306 of the Real Records of Denton County, Texas and described by metes and bounds
as follows.
Commencing at a '/z" iron found for the northeast corner of said 1302-325/1000 acres Tract and
die northwest corner of the 157-867/1000 acres Tract described in the deed to James B. Stahla
recorded in volume 1593,p:-ge 612 of the Deed Records of Denton County, Texas in the
sou,iherly right-of-way of State Highway No. 114-and run 00 degrees-36 minutes-52 seconds
w t along the east line of said 1302-325/1000 acres tract, 2066-66/100 feet to a 5/8" capped
iron set on the bank of cr:;ek for the northeast and place of beginning.
Thence south 00 degrees-36 Tr_inutes-52 seconds west, along the east line of. said I.') D25/1000
acr�:,s Tract and the west line of s�dd 157-867/1000 acres Tract to and along the west line of the
13-7182/i 0000 acres Tract described in the deed to W. R. Rose Investments, Inc., recorded in
volLnne 4190, page 327 of the said Real Records, 552-39/100 feet to a 1/" iron found in the most
northerly South line of said 1302-325/1000 acres Tract and the southwest comer of said 13-
7182/10000 acres 'Tract.
Thence north 89 degrees-25 minutes-44 seconds west, along most northerly south line of said
1302-325/1000 acres Tract, 234-54/100 feet to a3/8" iron found for the northeast corner of
SONGBIRD ADDTSTON, an addition to Denton County, as said addition appears on the plat
thea,eof recorded in Slide H-83 of the Plat Records of Denton County, Texas.
Thence north 88 degrees-32 minutes-27 seconds west, along the south line of said 1302-
325/1000 acres Tract and the north line of said SONGBIRD ADDITION, 2213-58/100 feet to a
'/!" iron foLmd for tiie northwt� st corner of Lot 29 of said SONGBIRD ADDITION and a re-
enuant corner of said 1302-325/1000 acres Tract.
Thence sol.-ith 00 degrees-52 minutes-00 seconds west, along the east line of said 1302-325/1000
acres Tract and the wrest line of slid Lot 29 to and along the west line of Lot 28 of said
SONGBIRD ADDITION, 1502-94/100 feet to a 5/8" capped iron set.
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
Arpril 24, 200 4
Page 2 of 5
Field notes for:-( PARCEL 2 ) (continued)
Thence south 87 6egrees-54 minutes-36 seconds west, 423-23/100 feet to a 10" pipe post for the
most`vesterl_y northwest comer of said SONGBIRD ADDITION and a re-entrant corner of said
1302-325/1000 acres"Tract.
Thence south 00 degrees-53 minute-s-43 seconds west) along the west line of said 1302-325/1000
acres Tract and the most westerly line of said SONGBIRD ADDITION, 4163-13/100 feet to a 1"
iron found for flhe southeast corner of said 1302-325/1000 acres Tract in the north line of the
1650-2055/10000 acres Tract described in the deed to Headir_gton Resources, Inc., recorded in
volume 814, page 826 of the Official Public Records of Wise County, Texas.
I hence south 89 deb ees-2 3 minutes-29 seconds wtst, along the south line of said 1302-
325/1000 acres Tract and the north line of said 1650-2055/10000 acres Tract, 5395-82/100 feet
to a ," pipe found for the northwest corner of said 1650-2055/10000 acres Tract and the
northeast comer or the 296-711/1000 acres Tract described in the deed to Mary Jane Bennett
zecordedin volume 911, page 436 of the said Ozticial Public Records.
Thence north 88 degrees-32 minutes-03 seconds west, along the south line of said 1302-
325/1000 acres Tract and the north line of said 296-711/1000 acres Tract, 1649-05/100 feet to a
%" iron found for the southwest comer of said 1302-325/I000 acres Tract.
Thence north 00 degrees-43 minutes-00 seconds east, along the west line of said 1302-325/1000
acres Tract, 4658-11/100 feet to a concrete monument found.
Thence north 00 degree's-44 minutes--13 seconds east, continuing along the west line of said
1302-32511000 acres Tract, 1320-58/100 feet to a concrete monument found for the most
westerly northwest comer of said 1302-325/1000 acres Tract and the northeast corner of the 47-
5/10 acres Tract described in the deed to Scott Kelly recorded in volume 243,page 485 of the
Deed Records of Wise County, Texas.
-I s_ence south 89 degrees-56 minutes-23 seconds east, along the most southerly north line of said
1302-325/1000 acres Tract, 3744-75/100 feet to a 1/z" iron found for a re-entrant comer of said
1302-325/1000 acres Tract.
Thence north 00 degrees-32 minutes-19 seconds east, along the west line of said 1302-325/1000
acres 'Tract, 1983-21/100 feet to.a 5/8" capped iron set for the southwest comer of the 15 acres
Tract described in the deed to Jerry I_ueck recorded in volume 421, page 617 of the said Deed
Records.
ESTABLISHED 1880
BROOKEES BAKER
SURVEYORS
Apnl 24, 2004
Page 3 of 5
Ficld notes for:--( PARCEL 2 )(continued)
"[hence south 89 degrees-19 minutes-12 seconds east, along the north line of said-1302-325/1000
acres Tract, 667-54/.100 feet to a 5/8" capped iron set on the bank of creek.
Thence southeasterly, along the bank of said creek, the-following:
south 21 degrees-511. minutes-25 seconds west 83-70/100 feet to a 5/8" capped-iron set;
south 54 degrees-44 minutes-16 seconds west 95-61/100 feet to a 5/8" capped iron set;
south 13.degrees-02 minutes-31 seconds east 80-48/100 feet to.a 5/8" capped iron set;
south 65 degrees-24 minutes-30 seconds east 68-47/100 feet to a 5/8" capped iron set;
south 47 degrees-23 minutes-02 seconds east 57-81/100 feet to a 5/8" capped iron set;
south 28 degrees-38 minutes-38 seconds east 105-31/100 feet to a 5/8" capped iron set;
south 02 degrees-41 minutes-15 seconds east 94-66/100 feet to a 5/8" capped iron set,
south 49 degrees-07 minutes-22 seconds east 74-13/100 feet to a 5/8" capped iron set;
south 80 degrces-49_minutcs-53 seconds east 62-39/100 feet to a.5/8" capped iron set;-
south 84 degrees-30 minutes-31 seconds east 146-87/100 feet to a 5/8" capped iron set;
north 75 degrees-12 minutes-21 seconds -,ast 79-11/100 feet to a 5/8" capped iron set;
north 43 degrees-14 minutes-01 seconds east 53-92/100 feet to a 5%8" capped iron set;
north 54 degrec;s-07 minutes-09 seconds east 125-16/100 feet to a 5/8" capped iron set;
north 27 degrees-56 ?ninutes-36 seconds east 104-93/100 feet to a 5/8" capped iron set;
north 78 degrees-21 minutes-35 seconds east 86-66/100 feet to a 5/8" capped iron set;
south 66 degrees-23 minutes-22 seconds east 57-25/100 feet to a 5/8" capped iron set;
south 22 degrees-11 minutes-31 seconds east 114-17/100 feet to a 5/8" capped iron set;
south 19 degrees-13 minutes-55 seconds east 86-11/100 feet to a 5/8" capped iron set;
south 88 degrees-21szcohds easf 106-08/100 fect*to a 5/8" napped iron set;
south 63 degrees-49 minutes-48 seconds east 138-15/100 feet to a 5/8" capped iron set;
south 58 degrec;s-23 minutes-24 seconds east 262-09/100 feet to a 5/8" capped iron.set;
south 55 degrees-45 minutes-09 seconds east 171-46/100 feet to a 5/8" capped iron set;
south 34 degrees-20 minutes-37 seconds east 168-71/100 feet to a 5/8" capped iron set;
south 15 degrees-55 minutes-30 seconds east 119-46/100 feet to a 5/8" capped iron set;
south 14 dgree
es-24 minutes-01 seconds west 84-67/100 feet to a 5/8" capped iron set;
south 35 degrees-37 minutes-53 seconds west 71-64/100 feet to a 5/8" capped iron set;
south 55 degrees-58.rt;inutes-02 seconds east 180-86/100 feet to a 5/8" capped iron set;
south 35 degrees-47 1-ninutes-46 seconds east 126-18/100 feet to a 5/8" capped iron set;
south 61 degrees-05 ininutes-25 seconds east 191-39/100 feet to a 5/8" capped iron_ set;
south 59 degrees-32 i.linutes-36 seconds east 145-64/100 feet to a 5/8" capped iron set;
south 59 degrees-32 minutes-59 seconds east 161-55/100 feet to a 5/8" capped iron.set;
south 87 degrees-15 >ninutcs-19 seconds east 37-13 /100 feet to a 5/8" capped iron set;
north 52 degrees-26 minutes-25 seconds east 39-69/100 feet to a 5/8" capped iron set;
north 18 degrees-52 minutes-06 seconds east 128-15/10.0 feet to a 5/8" capped iron set;
ESTABLISHED 1880
BROOKE8 BAKER
SURVEYORS
April 24, 200=1
1'age 4 of 5
Field notes for:- { PARCEL 2 )(continued)
north 14 degrees-10 minutes-33 seconds west 125-65/100 feet to a 5/8" capped iron set;
north 45 degrees-32 -ninutes-43 seconds east 91-27/100 feet to a 5/8" capped iron set;
north 65 degrees-04 minutes-45 seconds east 195-13/100 feet to a 5/8" capped iron set;
south 82 degrees-18 minutes-51 seconds east 48-55/100 feet to a 5/8" capped iron set;
south 35 dcg-ees-28 minutes-49 seconds east 124-34/100 feet to a 5/8" capped iron set;
south 53 degrees-40 Tr_intites-29 seconds east 51-78/100 feet to a5/8" capped iron set;
south 61 degrees-01 minutes-40 seconds east 53-74/100 feet to a 5/8" capped iron set;
north 63 degrees-08 -minutes-33 seconds east 60-18/100 feet to a 5/8" capped iron set;
south 77 degrees-26 rm-nutes-55 seconds east 132-78/100 feet to a 5/8" capped iron set;
north 88 degrees-36 minutes-33 seconds east 61-59/100 feet to'a 5/8" capped iron set;
south 44 degrees-23 irinutcs-29 seconds east 102-51/100 feet to a 5/8" capped iron set;
south 52 degrees-49 minutes-45 seconds east 236-42/100 feet to a 5/8" capped iron set;
south 49 degrees-02 minutes-48 seconds east 78-58/100 feet to a 5/8" capped iron set;
south 23 degrees-33 minutes-41 seconds east 66-08/100 feet to a 5/8" dapped iron set;
south 14 degrees-11 minutes-40 seconds east 52-42/100 feet to a 5/8" capped iron set;
south 58 degrees-44 minutes-40 seconds east 103-81/100 feet to a 5/8" capped iron set;
south 78 degrees-22 minutes-,_13) seconds east 61-85/100 feet to a 5/8" capped iron set;
north 62 degrees-39 minutes-20 seconds east 153-23/100 feet to.a 5/8" capped iron set;
north 62 degrees-39 minutes-06 seconds east 118-29/100 feet to a 5/8." capped iron set;
north 13 degrees-15 minutes-57 seconds east 154-72/100 feet to a 5/8" capped iron set;
north 72 degrees-52 minutes-21 seconds east 123-53/100 feet to a 5/8" capped iron set;
south 86 degrees-53 m1nutes-02 seconds east 55-28/100 feet to a 5/8" capped iron set;
south 86 degrees-57 ?ninutes-47 seconds east 93-10/100 feet to a 5/8" capped iron set;
south 67 degrees-43 minutes-44 seconds east 78-27/100 feet to a S/8" capped iron set.;
south 85 degrees-14 minutes-14 seconds east 140-73/100 feet to a 5/8" capped iron set;
south 83 degrees-10 minutes-27 seconds east 138-77/100 feet to a 5/8" capped iron set;
south 65 degrees-03 ninutes-01 seconds east 89-01/100 feet to a 5/8" capped iron set;
south 54 degrees-28 minutes-26 seconds east 56-57/100 feet to a 5/8" capped iron'set;
south 36 degrees-51 minutes-13 seconds east 26-95/100 feet to a 5/8" capped iron set;
south 38 degrees-37 minutes-06 seconds east 26-18/100 feet to a 5/8" capped iron set;
south 75 degrees-58 minutes-19 seconds east 30-97/100 feet to a 5/8" capped iron set;
north 60 deg- 45-45 minutes-09 seconds east 56-57/100 feet to a 5/8" capped iron set;
sout0i 83 degrees-34 minutes-59 seconds cast 124-78/100 feet to a 5/8" capped iron set;
north 88 degrees-39 minutes-34 seconds east 184-85/100 feet to a-5/8" capped iron set;
north 83 degrees-14 minutes-34 seconds east 91-87/100 feet to a 5/8" capped iron set;
north 57 degrees-00 mir_utes-41 seconds east 85-60/100 feet to a 5/8" capped iron set;
north 58 degrees-36 minutes-31 seconds east 95-77/100 feet to a 5/8" capped iron set;
south 89 degrees-50 minutes-18 seconds east 131-65/100 feet to a 5/8" capped iron set;
south.58 degrees-09 rninutes-47 seconds east 157-02/100 feet to a 5/8" capped iron set;
south 31 deg-ees-52 minutes-30 seconds east 63-11/100 feet to a 5/8" capped iron set;
ESTABLISHED 1860
BROOKES BAKER
SURVEYORS
=�vPJ 24, 2004
Tave. 5 of 5
1:2*�icl notes for:- ( PARCEL 2 )(continued)
south 76 degrees-41 minutes-00 seconds east 116-40/100 feet to the place of beginning
and containing 1122-1-39/1000 acres .
The basis for.bearings is true north.
Surveyed on the ground April 2004.
BR001 E,S BA]aiR SURVEYORS
Don NV. Hickey
%E OF rpt
DON W.F11ch'[Y C�
.......-......._........
..._.....
`.9 15fi( �r •
�n s6 ��
Exhibit C
Legal Description of Elizabeth Creek Tract
Exhibit C to Sendera Ranch Boulevard Agreement—Page 1
TRACT 1:
Being a tract or par"! of land situa(cd in the JOSHUA KING SURVEY, ABS1'RACI' \(.). 712, Dcn(un Couili j,
'f'exas, hcint; part of 161.97 acres conveyed by Mvada 131-0War, a r'+'itlow to (Jiltun A. Atkinson and wife, Flclen C�oeu
:\tl:insvn as rcrvrdcd iu Volume 734, Parc 754, Deed Records, Denton County,'Ccsas and IiciuY nlurr I)articularly
described :u follows:
COI\'l \9 at the Northev s( corner of said 161.97 acres in the center MUM l6ghway 1 lit;
1'1-IVNC'H South 00 do rres =15 minutes 44 seconds \Fest, 5100 NO to a 1/2 inch iron rud found and (Ile lruin( v4
be-ginning, s:unc tQng in the SUM right of way lint: of Stale I&g)nvay PW- 1 14 and in the AM line of an asphalt road;
t'IIL;!lC'I? Suutlr UU decrees 4S nliuutes 14 seconds West,
a distance oi258b.75 feet with said Vvivel road to a I/'_ knell
iruli roil found fur curncr;
I'at;c I
IVI•a\-1 I-:rC:viun,�tiu,:nl fair fiilc liutuan�r
L!at[,-)I) )I _-,*�)1c-duk: \ 6 F No 12 3 9 15-ITA A
TIMNCE Nu"h 89 degrees 43 minutes 12 seconds Wen, a diVallce of 193151 feet partially along Ne North right of
wary or 11 1 road j() a 'i/S inch i iron rod round ror corner-;
THENCE Nurth 00 degrees 39 joinums 22 seconds East, a distance or 735.40 reut to a post found For corner;
THENCE Sewell 79 dug"es 56 minutes 20seconds \Vaq a distance ol'941A7 NO to a in inch Non rod set fur corner;
THENCE North 00 degme s 25 ulinums 42 seconds Emq a distance ormi.j I feet to a i)on round for corner in the
South rit,t,Ilt Of Wa)' fine or State 'ay No. 114;
AUNNCE Sumh 86 degrees 56 minutes 45 seconds East, a distance of.287163 feet along said South right or way line to
the Point of Beginning and containing 61751211:5 square feet or ISTS47 acres of more or less.
-ate
SAVE AND arr i t Deed dated
�Lll'j' :t 0.202 acre tract or land conveyed w Steve Babcock, by Special W
February 22, 2007, Med June 16, 2008, recorded under Instrument No. 2008-65393, of the Real property Records of
Dco(oll Count)" Texas.
I�U I\T1 I F'R SA VF AN'" 4202 acre tract of land conveyed to Ben Burnside, by Special W"rryinj Deed
dated Il1arclr 1, 2UU?, No. 2'008-65394, A the Rua! Property Records of-
I'ijed julw to, 2006, recorded under Inswument
Dunton County, I*L,xaN.
I;UIMIER SAVE AND j,,XCPPT a 0002 acre tract of'land conveyed to Elizabeth Gar& by Special Warranty Deed
datclj \,Iarch 20, 2U07, 5&d June 16,2008, recorded under Instrument flu. 2008-65395, or the Rua! Property Records
or Denton Count)"Texas.
vUW"IER SAVE AND EXCEPT a 0.303 acre VOU of land conveyed to Mary Reyes, by Special Warranty Deed
dmied April 13, '_007, IM June IV 2008, recorded under Ills(ron-jent No, 2008-65397, of the Real prupetiy Records of
Denton County,
r land conveyed to the State of"Texas, by Deed dated August
FURTHER SAVE AND Excrovir a 12M9 acre tract 0 on or We Real property Records of Denton
2000, rifed August 20,2UO9, recorded under Instmiment No. 2009-100
cwman Alms.
FURTHER SAVE AND EXCL,',I>T a 0.420 acre tract of land conveyed to Denton Count)',Texas, by Special Warranty
Decd dated September 2,2010, Hied October 26,2010, recorded under Instrument No. 2010.107112, or the Real
Properly Records of Denton County,Te-'as.
mixTHER.SAVE AND EXCEPT H 0.203 acre tract or fund conveyed to Issac Lemm, by SPeC5I Warranty Deed
dated May 25, *201 1, riled August 5,2011, recorded under Instrument No. 2011-73054, of,file Real Property Records
of' Denton Count)',Texas.
'I2:
BE'ING a tract of land situated in the JOSHUA KING SURVEY, ABSTRACT NO, 713, Denton County,Texas, And
being a part of'a tract of land conveyed to Sharon Am' fAcCWlI()cII--NYuIIs, as recorded in Voini-Ile 4()09, I-jige 240 of the
Dcud Records of"Denton Cotlll()',Tux-as and being more particularly described as rollows:
CCorde(l 'I-'
_
(,,o fvI IV]C�Nl C,I N C t I I u IN o 1 In corner urn tract orm"d conveyed LOll.MiltoA. Atkinson by deed 1
u rdS, Denton County,Texas .end being ill the cu-ljtc�r of'SILMIC highway
Volume 7_54) Page 754 of'tile Deed R Co
ThencSouthS( th OU de,,rue, Vest, a distance 01'2,638.75 feet. Thence North 89 degrees 43 nlinums
j �15 minutes 44 Seconds \
12 seconds VVVn, a distance of 1,936.57 r"L M PM 58 inch Non rod round Nr corner, said point bu&g the Nonher1y
Southeast curter oI*Said MC(`LlII0Ch-\VuIIS "-act;
vay 2
FORK-1 1-7: (.'Vill 116(111cil I kn-Tillv 111slir:111cu
C.011111WOtlUl1 ur S1--hCdu1c A GF No. 13391 5-R:J,\
THENCE North 59 deg"cs I I minutes 39 secunds West, aloe-, the Nurtltcrly South line of said [VicCulluch tract, a
distance ur92TS3 feet to an 1!2 iron rud set fur corner;
10 FNCH North 00 dct'rucs 35 Minutes 42 seconds Last, a distance of 55791 feet to an I!3 inch Nun rod found for
curncr;
THENCE ENC E Nurtlr 79 degrees 50 minutes 30 seconds Last, a distance ol*941.47 feet to a fence post for corner;
THENCE South 00 degrees 39 minutes 22 seconds West, a distance of'735.40 feet to the POINT OF BEGINNING and
cur wh6ng 13.7152 acres or 597,563.3936 square feet of land.
NOTE: The Cuinpan, is prohibited from insuring the area or quantity of the land described hdreim Any statetnenf
in the above legal description of Me arca or quantity of land N not a representation that such area or quantity is
correct, but is ntndc unly fur information and/or identification purposes and does no override Item 2 of Schedule B
hereof.
I UKi\l I %: C.vunn nurnl for fine Iniuranec I':gc
Exhibit D
Legal Description of CTMGT Tract
Exhibit D to Sendera Ranch Boulevard Agreement—Page 1
ESTABLISHED 1880
BROOKES BAKER SURVEYORS
DON W. HICKEY, RPLS, LSLS A PROFESSIONAL CORPORATION BROOKES BAKER (1902-1955)
ALAN W. HICKEY, RPLS TITLE AND TOPOGRAPHIC SURVEYING JOHN F. BAKER (1924-1985)
GAREY W. GILLEY, RPLS, LSLS 930 Hickey Court S.J. BAKER (1927-1999)
CONSULTANT Granbury,Texas 76049 FRED M. MORRIS (1936-1999)
817.279-0232
Fax 817-279-9694
January 10, 2012
Page 1 of 7
Field notes for:
Parts of the JOSHUA KING SURVEY, Abstract No. 712, the THOMAS PEOPLES SURVEY,
Abstract No. 677 and the WILLIAM WALLACE SURVEY, Abstract No. 1434 situated in Wise
and Denton Counties, Texas; embracing a portion of the 1302-325/1000 acres tract described in
the deed to Alpha Ranch, Ltd. recorded in volume 4645, page 306 of the Real Records of Denton
County, Texas and a portion of the 15 acres tract described in the deed to Alpha Ranch, Ltd.
recorded in volurne 982, page 770 of the Official Records of Wise County, Texas and described
by metes and bounds as Follows:
The basis for bearings is the Texas Coordinate System North Central Zone NAD 83 ( 1993 ). The
lengths shown hereon are horizontal ground lengths. To convert horizontal ground lengths to grid
lengths multiply by 0.999834271 . All 5/8" capped irons set called for in this description are
marked ( BROOKES 13AKER SURVEYORS )-
Commencing at a !! iron found for the northeast corner of said 1302-325/1000 acres tract and
for the-northeast corner of the. 7-4671;10000 acres tract described in the deed to the State of
Texas recorded in Document No. 2009-94264 oi`the said Real Records and run, along the east
line of said 1302-325/1000 acres tract south 00 degrees-00 minutes-47 seconds west 1005-27/100
feet to a 5/8" capped iron set for the most easterly northeast and beginning corner of the tract
being described.
Thence south 00 degrees-00 minutes-47 seconds west, continuing along the east line of said
1302-325/1000 acres tract; 1061-43 /100 feet to a 5i8" capped iron recovered on the bank of a
creel:.
Thence. northwesterly, along the barik of said creek, the following:
north 77 degrees-17 minutes-05 seconds west 116-40 /100 feet to a 5/8" capped iron
recovered;
north 32 degrees-28 minutes-35 seconds west 63-11 /100 feet to a 5/8" capped iron
recovered;
north 58 degrees-45 minutes-52 seconds west 157-02100 feet to a 5/8" capped iron
recovered;
south 89 degrees-33 minutes-37 seconds west 131-65 /100 feet to a 5/8" capped iron
recovered;
south 57 degrees-15 minutes-12 seconds west 181-36 /100 feet to a 5/8" capped iron
recovered;
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10, 2012
Page 2 of 7
Field notes for:
south 82 degrees-38 minutes-29 seconds west 91-87 /100 feet to a 5/8" capped iron
recovered;
south 88 degrees-03 minutes-29 seconds west 184-85 /100 feet to a 5/8" capped iron
recovered,
north 84 degrees-I 1 minutes-04 seconds west 124-78 /100 feet to a 5/8" capped iron
recovered;
south 60 degrees-09 minutes-04 seconds west 56-57 /100 feet to a 5/8" capped iron
recovered; v
north 76 degrees-34 minutes-24 seconds west 30-97 /100 feet to a 5/8" capped iron
recovered;
north 38 degrees-19 minutes-29 seconds west 53-12 /100 feet to a 5/8" capped iron
recovered;
north 55 degrees-04 minutes-31 seconds west 5 6-5 7 /100 feet to a 5/8" capped iron
recovered;
north 65 degrees-39 minutes-07 seconds west 89-01 /100 feet to a 5/8" capped iron
recovered;
north 83 degrees-46 minutes-32 seconds west 138-77 /100 feet to a 5/8" capped iron
recovered;
north 85 degrees-50 minutes-20 seconds west 140-73 /100 feet to a 5/8" capped iron
recovered;
north 68 degrees-19 minutes-49 seconds west 78-27 /100 feet to a 5/8" capped iron
recovered;
north 87 degrees-33 minutes-52 seconds west 93-10 /100 feet to a 5/8" capped iron
recovered;
north 87 degrees-29 minutes-07 seconds west 55-28 /100 feet to a 5/8" capped iron
recovered;
south 72 degrees-16 minutes-16 seconds west 123-53 /100 feet to a 5/8" capped iron
recovered;
south 12 degrees-39 minutes-52 seconds west 154-72/100 feet to a 5/8" capped iron
recovered;
south 62 degrees-03 minutes-00 seconds west 118-29 /100 feet to a 5/8" capped iron
recovered;
south 62 degrees-03 minutes-15 seconds west 153-28 /100 feet to a 5/8" capped iron
recovered;
north 78 degrees-58 minutes-48 seconds west 61-85 /100 feet to a 5/8" capped iron
recovered;
north 59 degrees-20 minutes-46 seconds west 103-81 /100 feet to a 5/8" capped iron
recovered;
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10, 2012
Pace 3 of 7
Field notes for:
north 14 degrees-47 minutes-46 seconds west 52-42 /100 feet to a 5/8" capped iron
recovered;
north 24 degrees-09 minutes-46 seconds west 66-08 /100 feet to a 5/8" capped iron
recovered;
north 49 dcgrees-38 minutes-53 seconds west 78-58 /100 feet to a 5/8" capped iron
recovered;
north 53 degrees-25 minutes-50 seconds west 236-42 /100 feet to a 5/8" capped iron
recovered;
north 44 degrees-59 minutes-34 seconds west 102-51 /100 feet to a 5/8" capped iron
recovered;
south 88 degrees-00 minutes-28 seconds west 61-59 /100 feet to a 5/8" capped iron
recovered;
north 78 degrees-03 minutes-01 seconds west 132-78 /100 feet to a 5/8" capped iron
recovered;
south 62 degrees-32 minutes-28 seconds west 60-18 /100 feet to a 5/8" capped iron
recovered;
north 61 degrees-37 minutes-46 seconds west 53-74 /100 feet to a 5/8" capped iron
recovered;
north 54 degrees-16 minutes-34 seconds west 51-78 /100 feet to a 5/8" capped iron
recovered;
north 36 degrees-04 minutes-54 seconds west 124-34 /100 feet to a 5/8" capped iron
recovered;
north 82 degrees-54 minutes-56 seconds west 48-55 /100 feet to a 5/8" capped iron
recovered;
south 64 degrees-28 minutes-40 seconds west 195-13 /100 feet to a 5/8" capped iron
recovered;
south 44 degrees-56 minutes-38 seconds west 91-27/100 feet to a 5/8" capped iron
recovered;
south 14 degrees-46 minutes-38 seconds east 125-65 /100 feet to a 5/8" capped iron
recovered;
south 18 degrees-16 minutes-01 seconds west 128-15 /100 feet to a 5/8" capped iron
recovered;
south 51 degrees-50 minutes-20 seconds west 39-69 /100 feet to a 5/8" capped iron
recovered;
north 87 degrees-51 minutes-24 seconds west 37-13 /100 feet to a 5/8" capped iron
recovered;
north 60 degrees-08 minutes-53 seconds west 307-20 /100 feet to a 5/8" capped iron
recovered;
ESTABLISHED 1880
BROOKES BAKER
January 10, 2012 SURVEYORS
Page 4 of 7
Field notes for:
north 61 degrees-41 minutes-31 seconds west 191-39/100 feet to a 5/8" capped iron
recovered;
north 36 degrees-23 minutes-52 seconds west 126-18 /100 feet to a 5/8" capped iron
recovered;
north 56 degrees-34 minutes-07 seconds west 180-86/100 feet to a 5/8" capped iron
recovered;
north 35 degrees-01 minutes-48 seconds east 71-64 /100 feet to a 5/8" capped iron
recovered;
north 13 degrecs-47 minutes-56 seconds east 84-67 /100 feet to a 5/8" capped iron
recovered;
north 16 degrecs-31 minutes-35 seconds west 119-46 /100 feet to a 5/8" capped iron
recovered;
north 34 degrees-56 minutes-42 seconds Guest 168-71 /100 feet to a 5/8" capped iron
recovered;
north 56 degrees-21 minutes-14 seconds west 171-46 /100 feet to a 5/8" capped iron
recovered;
north 62 degrees-13 minutes-54 seconds west 182-24 /100 feet to a 5/8" capped iron
recovered;
north 51 degrees-40 minutes-08 seconds west 80-81 /100 feet to a 5/8" capped iron
recovered;
north 64 degrees-25 minutes-53 seconds west 138-15 /100 feet to a 5/8" capped iron
recovered;
north 88 degrees-57 minutes-53 seconds west 106-08 /100 feet to a 5/8" capped iron
recovered;
north 19 degrees-50 minutes-00 seconds west 86-11 /100 feet to a 5/8" capped iron
recovered;
north 22 degrees-47 minutes-37 seconds west 114-17/100 feet to a 5/8" capped iron
recovered;
north 66 degrees-59 minutes-27 seconds west 57-25 /100 feet to a 5/8" capped iron
recovered;
south 77 degrees-45 minutes-30 seconds west 86-66 /100 :feet to a 5/8" capped iron
recovered;
south 27 degrees-20 minutes-31 seconds west 104-93 /100 feet to a 5/8" capped iron
recovered;
south 53 degrees-31 minutes-04 seconds west 125-16/100 feet to a 5/8" capped iron
recovered;
south 42 degrees-37 minutes-56 seconds west 53-92 /100 feet to a 5/8" capped iron
recovered;
-------------
ESTABLISHED 1880
BnOOKES BAKER
SURVEYORS
January 10, 2012
Page 5 of 7
Field notes for: ( continued )
south 74 degrees-36 minutes-16 seconds west 79-11 /100 feet to a 5/8" capped iron
recovered;
north 85 degrees-06 minutes-36 seconds west 146-87 /100 feet to a 5/8" capped iron
recovered;
north 81 degrees-25 minutes-58 seconds west 62-39/100 feet to a 5/8" capped iron
recovered;
north 49 degrees-43 minutes-28 seconds west 74-13 /100 feet to a 5/8" capped iron
recovered;
north 03 degrees-17 minutes-20 seconds west 94-66 /100 feet to a 5/8" capped iron
recovered;
north 29 degrees-14 minutes-43 seconds west 105-31 /100 feet to a 5/8" capped iron
recovered;
north 47 degrees-59 minutes-08 seconds west 57-81 /100 feet to a 5/8" capped iron
recovered;
north 66 degrees-00 minutes-35 seconds west 68-47 /100 feet to a 5/8" capped iron
recovered;
north 13 degrees-38 minutes-37 seconds west 80-48 /100 feet to a 5/8" capped iron
recovered;
north 54 degrees-08 m1nutes-1 l seconds east 95-61 /100 feet to a 5/8" capped iron
recovered;
north 21 degrees-18 minutes-20 seconds east 83-70 /100 feet to a 5/8" capped iron
recovered in a north line of said 1302-325/1000 acres tract and the south line of said 15
acres tract.
Thence north 89 degrees-55 minutes-17 seconds west, along a north line of said 1302-325/1000
acres tract and the south line of said 15 acres tract, 639-88 /100 feet to a 5/8" capped iron
recovered for the southwest corner of said 15 acres tract.
Thence north 00 degrees-31 minutes-25 seconds east, along the west line of said 15 acres tract,
425-22/100 feet to a 5/8" capped iron recovered for the southwest corner of the 3-662/1000 acres
tract described in the deed to the State of Texas recorded in volume 762, page 593 of the said
Real Records of Wise County, Texas.
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10, 2012
Page 6 of 7
Field notes for: ( continued )
"thence northeasterly, along the south line of said 3-662/1000 acres tract, the following:
north 89 degrees-48 minutes-08 seconds east 427-53 /100 feet to a 5/8" capped iron
recovered;
north 63 degrees-14 minutes-14 seconds east 111-78 /100 feet to a 5/8" capped iron
recovered;
north 89 degrees-48 minutes-48 seconds east 520-15 /100 feet to a 5/8" iron found for the
northwest corner of the 30 feet by 60 feet save and except tract described in the deed to
Roy L. Ryan recorded in Document No. WD 278795 of the said Real Records Wise
County, Texas.
Thence. south 00 degrees-10 minutes-1 1 seconds west, along the west line of said save and except
tract, 59-97 /100 feet to a 5/8" iron found.
Thence north 89 degrees-44 minutes-09 seconds east, along the south line of said save and except
tract, 30-00/100 feet to a 5/8" iron found in the east line of said 15 acres tract.
Thence south 00 degrees-12 minutes-58 seconds west, along the east line of said 15 acres tract,
420-36 /100 feet to a 5/8" capped iron recovered for the southeast corner of said 15 acres tract in
a north line of said 1302-325/1000 acres tract.
Thence south 89 degrees-55 minutes-18 seconds east, along a north line of said 1302-325/1000
acres tract, 2661-82/100 feet to a 5/8" capped iron recovered for a re-entrant corner of said 1302-
325/1000 acres tract.
Thence north 00 degrees-45 minutes-34 seconds east, along a west line of said 1302-325/1000
acres tract, 301-75 /100 feet to a 5/8" capped iron set for the southwest corner of the said 7-
4671/10000 acres tract at the beginning of a curve to the left having a radius of 5849-58/100 feet.
Thence southeasterly, along the south line of said 7-4671/10000 acres tract, the following:
along said curve to the left an are length of 767-69/100 feet to a 5/8" aluminum capped
iron found at its end. The long chord of said 767-69/100 feet are is south 85 degrees-42
minutes-53 seconds east 767-14/100 feet;
south 89 degrees-28 minutes-27 seconds east 1000-10/100 feet to a 5/8" capped iron set.
Thence south 00 degrees-00 minutes-47 seconds west 865-60/100 feet to a 5/8" capped iron set.
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10, 2012
Page 7 of 7
Field notes Por: ( continued )
Thence south 89 degrees-28 minutes-19 seconds east 650-00 /100 feet to the place of beginning;
and containing; 171-089/1000 acres of which 90-600/1000 acres lies within said Joshua King;
Survey, 69-251/1000 acres lies within said Thomas Peoples Survey and 11-238/1000 acres lies
within said William Wilson Survey of said 171-089/1000 acres 143-005/1000 acres lies within
said Denton County and 28-084/1000 acres lies within said Wise County.
Surveyed on the ground December, 2011.
BROOKES BAKER
>SURVEYORS
Don W. hickey
DON W.HICKEY
............. _
0.
`�� 8UM
Exhibit E
Legal Description of Ryan Trust Tract
Part of the JOSHUA KING SURVEY, Abstract No. 712 situated in Denton County, Texas;
embracing a portion of the 1302-325/1000 acres tract described in the deed to Alpha Ranch, Ltd.
recorded in volume 4645, page 306 of the Real Records of Denton County, Texas and described
by metes and bounds as follows:
The basis for bearings is the Texas Coordinate System North Central Zone NAD 83 (1993). The
lengths shown hereon are horizontal ground lengths. To convert horizontal ground lengths to
grid lengths multiply by 0.999834271. All 5/8' capped irons set called for in this description are
marked (BROOKES BAKER SURVEYORS).
Commencing at a 1/2" iron found for the northeast corner of said 1302-325/1000 acres tract and
for the northeast corner of the 7-4671/10000 acres tract described in the deed to the State of
Texas recorded in Document No. 2009-94264 of the said Real Records and run, along the east
line of said 1302-325/1000 acres tract south 00 degrees-00 minutes-47 seconds west 139-64/100
feet to a 5/8" capped iron set for the northeast and beginning corner of the tract being described.
Thence south 00 degrees-00 minutes-47 seconds west, continuing along the east line of said
1302-325/1000 acres tract, 1865-63 /100 feet to a 5/8" capped iron set.
Thence north 89 degrees-28 minutes-19 seconds west 650-00/100 feet to a 5/8" capped iron set.
Thence north 00 degrees-00 minutes-47 seconds east 865-60/100 feet to a 5/8" capped iron set in
the south line of said 7-4671/10000 acres tract.
Thence south 89 degrees-28 minutes-27 seconds east, along the south line of said 7-4671/10000
acres tract, 650-00/100 feet to the place of beginning and containing 12-916/1000 acres.
Exhibit E to Sendera Ranch Boulevard Agreement—Page 1
Exhibit F
Sendera Ranch Boulevard Extension
Exhibit F to Sendera Ranch Boulevard Agreement—Page 1
LEGEND _..
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Exhibit G
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is made and
entered into as of the day of between
a ("Assignor"), and
' a ("Assignee")
(Assignor and Assignee are hereinafter sometimes collectively referred to as the "Parties" and
singularly as a "Party").
RECITALS:
A. Assignor is the owner of the rights of the Owner under that certain "Agreement
for Construction of Sendera Ranch Boulevard (City Secretary Contract No. ) (the
"Agreement") effective as of MUA IT, , among CTMGT Alpha Ranch, LLC,
a Texas limited liability company, C GT AR II, LLC, a Texas limited liability company,
Alpha Ranch Fresh Water Supply District of Denton and Wise Counties, and the City of Fort
Worth, Texas relating to the construction of the extension of Sendera Ranch Boulevard, as
described therein.
B. Assignor desires to assign certain of its rights and obligations under the
Agreement to Assignee, and Assignee desires to acquire such rights and obligations, on and
subject to the terms and conditions of this Assignment.
NOW, THEREFORE, in consideration of the premises, the mutual covenants and
obligations set forth herein, and other good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged, the Parties hereby agree and act as follows:
1. Certain Defined Terms. Unless indicated otherwise herein, capitalized terms in
this Assignment shall have the same respective meanings as are ascribed to them in the
Agreement.
2. Assignment. Subject to all of the terms and conditions of this Assignment,
Assignor hereby assigns to Assignee all [or describe specifically assigned rights if partial] of
its rights and obligations under the Agreement.
3. Assumption. Assignee hereby assumes the obligations of Assignor described in
Section 2 and any liability that may result from acts or omissions by Assignee under the
Agreement that may arise or accrue from and after the effective date of this Assignment, and
Assignor is hereby released from all such obligations and liabilities from and after the effective
date of this Assignment; provided, however this Assignment does not release Assignor from any
liability that resulted from an act or omission by Assignor that occurred prior to the effective date
of this Assignment unless the City approves the release in writing.
Exhibit G to Sendera Ranch Boulevard Agreement—Page 1
4. Governing Law. THIS ASSIGNMENT MUST BE CONSTRUED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AS THEY APPLY TO CONTRACTS
PERFORMED WITHIN THE STATE OF TEXAS AND WITHOUT REGARD TO ANY CHOICE OF LAW
RULES OR PRINCIPLES TO THE CONTRARY.
5. Counterpart/Facsimile Execution. This Assignment has been prepared in
multiple counterparts, each of which shall constitute an original hereof, and the execution of any
one of such counterparts by any signatory shall have the same force and effect and shall be
binding upon such signatory to the same extent as if the same counterpart were executed by all of
the signatories. Facsimile copies of signatures may be appended hereto with the same force and
effect as legally delivered original signatures.
6. Notice to City. A copy of this Assignment shall be provided to the City within
fifteen(15) days after execution.
7. Binding Effect. This Assignment shall be binding upon and shall inure to the
benefit of Assignor and Assignees and their respective heirs, personal representatives,
successors, and assigns.
EXECUTED as of the day and year first above written.
ASSIGNOR:
f 1
By:
Printed Name:
Title:
ASSIGNEE:
1
By:
Printed Name:
Title:
44347.9
Exhibit G to Sendera Ranch Boulevard Agreement—Page 2
M&C Review Page 1 of 3
Oficial site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT
RT11
COUNCIL ACTION: Approved on 12/13/2016 - Resolution No. 4725-12-2016 &4726-12-2016
REFERENCE 12BROOKFIELD, ALPHA
DATE: 12/13/2016 NO.: L-15980 LOG NAME: RANCH, SHALE CREEK
AGREEMENTS
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Adoption of Resolutions Consenting to the Expansion of the Alpha Ranch Fresh Water
Supply District and Authorize the Execution of Various Agreements and Amended
Agreements Relating to Development, Construction, Water and Wastewater Service,
Wholesale and Utility Transfer for South Denton County Water Control Improvement
District No.1, Alpha Ranch Fresh Water Supply District of Denton and Wise County and
North Fort Worth Water Control Improvement District No. 1 (ETJ/DENTON COUNTY and
COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolutions consenting to the addition of
approximately 183 acres into the Alpha Ranch Fresh Water Supply District and authorize the City Manager
or a designee to execute the following Agreements and to take any actions to carry out such Agreements:
1. Wholesale Water Agreement between Aqua Texas and Fort Worth
2. Water and Wastewater Utility Services Transfer Agreement
3. Agreement Concerning Water and Sewer Service to Shale Creek Development
4. Agreement Terminating Brookfield Water and Wastewater Utility Service Agreement and
Buy-Out Option Agreement
5. Agreement Terminating Brookfield Wholesale Water and Wastewater Agreements
6. Agreement Concerning Sewer Service to Alpha Ranch and Brookfield Developments
7. Water Infrastructure Agreement
8. Sewer Infrastructure Agreement
9. Brookfield Development (South Denton County Water Control Improvement District No.
1) Agreement
10. Alpha Ranch Development Agreement
11. Shale Creek Development Agreement
12. South Denton County (Brookfield Development) Creation and Operation Agreement
13, Alpha Ranch Creation and Operation Agreement
14. Agreement for Construction of Sendera Ranch Blvd
DISCUSSION:
Entities affiliated with Centurion American Development Group (Developer) own approximately 2,000 acres of
land in the City's Extraterritorial Jurisdiction in proximity to State Highway 114, as shown on the attached map
(the Property). The Property is undeveloped and is located within the Alpha Ranch Fresh Water Control and
Improvement District, consisting of the Elizabeth Creek and Alpha Ranch developments (collectively, the
Alpha Ranch development), the South Denton County Water Control and Improvement District No. 1 (the
Brookfield development), and the North Fort Worth Water Control and Improvement District No. 1 of Denton
and Wise Counties (the Shale Creek development) (the Districts), which districts were created with the City's
consent. The Developer agreed to develop the Property with a mixture of residential, commercial and
recreational uses in accordance with City standards. The Districts were created and approved by the City
Council as follows: Alpha Ranch, consisting of approximately 1,294 acres on February 15, 2007; Brookfield,
------ — ____i_____:, ____,_-+i__- ________- -__0rr,—IV)Ico 0_..._.....:1A_+_171,1 Pln,4 ')i)ni)ni'7
M&C Review Page 2 of 3
consisting of approximately 231 acres on April 19, 2007; and Shale Creek, consisting of approximately 251
acres on August 21, 2006. On January 25, 2011, the City Council approved operation, development and
utility Agreements for the Brookfield District. (M&C C-24720, CSC Nos. 42127, 42128 and 42120
respectively.)
When the Development and Utility Agreements were approved, the Property was located in an area for
which Certificate of Convenience and Necessity (CCN) had been issued by TCEQ to Aqua Texas to provide
retail water. The Agreements contemplated that Aqua Texas would provide retail water and sewer service
to the Property for a term of 17 years, after which the City had an option to become the retail water and
sewer provider and to purchase, for a nominal amount, water and wastewater infrastructure to serve the
Property. Aqua Texas, the City, the Districts desire to enter into an Agreement providing, among other
terms, for Aqua Texas to transfer to the City all of its rights and obligations in connection with retail water
service to the Property under their CCN and to transfer to the Districts all of its rights and obligations in
connection with retail sewer service to the Property superseding the original utility agreement and ancillary
agreements concerning water and sewer service to the Property.
On September 23, 2014, the City Council adopted Resolution No. 4361-09-2014 which authorized the city
staff to negotiate Agreements with the Developer, Aqua Texas and the Districts for: 1) the transfer the CCN
to the City from Aqua Texas; 2) to negotiate for the provision of water and sewer service to the Property to
include a Wholesale Water Agreement to serve part of the Shale Creek Development with no infrastructure
or meter cost to the City; 3) to negotiate for the construction of water and sewer infrastructure to include a
water line to connect Sendera Ranch pump station to existing City infrastructure and a wastewater
treatment plant; 4) negotiate for the construction of a sewer line connecting to the City's system, and at the
City's discretion, discontinuance of by the Districts of the wastewater treatment plant upon the City
becoming the retail sewer service provider to the property; 5) to negotiate for the construction, consistent
with the City's Master Thoroughfare Plan, of a four-lane extension of Sendera Ranch Boulevard from its
existing terminus to SH 114 outside the City limits, at no cost to the City, and to be reimbursed less any
proportional share required for the portion of the extension located within the City limits with roadway
impact fees or fee credits in accordance with the City's transportation impact fee policy; and construction of
a portion of Sendera Ranch Boulevard outside of the City limits, at no cost to the City and to be reimbursed
less any proportional share required for the portion of the extension; and 6)to amend the Development
Agreement for Brookfield and enter into Development Agreements for the Alpha Ranch District and Shale
Creek to reflect the new arrangements for providing water and sewer service to the Property and to address
other outstanding issues. This M&C does not request approval of a contract with a business entity.
Aqua Texas has agreed to transfer to the City Aqua Texas' CCN and contract rights and obligations
governing retail water utility service to Brookfield,Alpha Ranch and Shale Creek and to include land
immediately adjacent to Alpha Ranch provided that the land is annexed by the Alpha Ranch District. Alpha
Ranch District has submitted two petitions to annex the area for Council's approval. Staff recommends
approving the attached resolutions to allow Alpha Ranch to annex the area which will transfer the CCN from
Aqua Texas to the City.
The parties have the authority to enter into this Agreement pursuant to Section 212.172 of the Local
Government Code.
The property is located in the City's extraterritorial jurisdiction adjacent to CITY COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this agreement will have no immediate material effect on City
funds. Any effect on expenditures and revenues will be budgeted in future fiscal years.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
M&C Review Page 3 of 3
Submitted for City Manager's Office by: Jesus (Jay) Chapa (5804)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Melinda Ramos (7631)
ATTACHMENTS
Alpha Ranch Resolution Consent to Annex 12.doc
Alpha Ranch Resolution Consent to Annex 171.doc
Aqua Texas 1295.pdf
Exhibit for 12 acres resolution.pdf
Exhibit for 171 acres resolution.pdf
Forms (3) 1295.pdf
Ryan Dynasty Trust 1295.pdf
Water district alpha Ranch shale creek brookfield Map.pdf
CER T IFOGA u E" OF INTERESTED PARTIES FORM 1295
101`1
Complete Nos.i-4 and 6 it there are Interested parties, OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it there are no Interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-139098
CTMGT Alpha Ranch,LLC
Farmers Branch,TX United States Date Filed:
2 Name of governmental entity or state agency that s a party to the contract for which the forms 11/2112016
being filed.
Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
0000
Water Infrastructure Agreement,Agreement for Construction of Sendera Ranch BLVD,Alpha Ranch Development Agreement
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Brundrett,Thad Fort Worth,TX United States X
Davis, Ken Fort Worth,TX United States X
Moayedi,Mehrdad Farmers Branch,TX United States X
Olson,Marcella Fort Worth,TX United States X
Burkhardt,Ryan Addison,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of pequry,that the above disclosure is true and Correct.
MISTY C. BUSH
Notary Public,State of Texas
Comm,No ary IOt es '&
13000 472
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE i
Swom to and subscribed before me,by the said _vLthis the i day of
20__j 1`F to certify which,witness my hand and seal of office.
'SlunitureM officer administering oath Printed name of 6fficer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277