HomeMy WebLinkAboutContract 49174 3 4S6
CITY CONTRACTETNAORY
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Cm'SECR�gRYrhi�mpletion Agreement("Agreement"), is made and entered into by and between the
Worth ("City") and Pate Ranch Single Family, LP, a Texas limited partnership,
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 58.338 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-16-050 or FS - - ; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Tavolo Park — Phase 1 for Water, Sewer, Paving,
HC"r,S 1 W
Drainage, Street Lights, Street Signs and Traffic Signal ("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 Eight Million Two Hundred Fifty Seven Thousand Nine Hundred Two
and 35/100 Dollars ($8,257,902.35), hereinafter called the "Completion Amount".
Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of
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
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 2ofl4
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 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: Douglas W. Black
Assistant City Attorney
Confirmation Number: 817-392-7615
(ii) Notice to the Developer shall be addressed and delivered as follows:
Pate Ranch Single Family, LP
10210 N Central Expressway, Suite 300
Dallas, Texas 75231
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)
i
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:
Pate Ranch Single Family, LP
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Jesus J. Chapa Na : Ju • n Ha es, Jr.
Assistant City Manager Tit • Vi e Presid t of PRA Pate Ranch GP
LLC its A rator
Date: (12 f/ ��� Date: 4/�
Approved as to Form &Legality:
Be`txg���1-a€kR�c}�cc�-c1 A.Y�I`CrecC1���
Assistant City Attorney 4011Zli-1
ATTEST:
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MarJ. e
City Secretary
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Date:
i
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded
CFA Official Release Date: 07.01.2015 OFFICIAL RECORD
Page 6 of 14 CITY 9ECRETAitY
FT.WORTH,TX
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.
Name of Employee
Title
This form is N/A as No City Funds are associated with this Contract
Printed Name nature
LIST OF EXHIBITS
ATTACHMENT "1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
i
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 7 of 14
ATTACHMENT "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
BEING a 58.338 acre tract of land situated in the J. Heath Survey,Abstract Number 641, City of Fort
Worth,Tarrant County,Texas, being a portion of the tract of land described in the deed to Pate Ranch
Commercial, LP recorded in Document Number D215248527, Deed Records of Tarrant County,Texas, a
portion of the tract of land described in the deed to Pate Ranch Retail, LP recorded in Document
Number D215248526, Deed Records,Tarrant County,Texas, and a portion of the tract of land described
in the deed to Pate Ranch Single Family, LP recorded in Document Number D215248528, Deed Records
of Tarrant County,Texas, said 58.338 acre tract of land being more particularly described as follows:
COMMENCING at a found P.K. Nail with shiner stamped "Dunaway Assoc. LP" set in concrete by metal
fence post in the southerly right-of-way line of Altamesa Boulevard (County Road 1043) (a variable
width right-of-way),for the northwest corner of said Pate Ranch Commercial, LP,tract and in the
easterly line of that certain tract of land described as Tract 1 in the deed to S.W. Richardson, recorded in
Volume 1846, page 459, Deed Records of Tarrant County,Texas;
THENCE with the southerly right-of-way line of said Altamesa Boulevard South 882 06' 35" East a
distance of 1,910.14 feet to a 5/8 inch iron rod with a cap stamped "Dunaway Assoc, LP" set(hereinafter
called 5/8 inch iron rod set)for the POINT OF BEGINNING;
THENCE continuing with the southerly right-of-way line of said Altamesa Boulevard South 882 06' 35"
East a distance of 100.00 feet to a 5/8 inch iron rod set for corner;
THENCE departing the southerly right-of-way line of said Altamesa Boulevard South 462 53' 25"West a
distance of 14.14 feet to a 5/8 inch iron rod set for corner on the easterly right-of-way line of Quail
Ridge Drive (130' right-of-way);
THENCE with the easterly right-of-way line of Quail Ridge Drive South 012 53' 25"West a distance of
1,159.51 feet to a 5/8 inch iron rod set for the beginning of a curve to the left having a radius of 210.00
feet and a chord bearing and distance of South 082 42'48" East,77.29 feet;
THENCE continuing with the easterly right-of-way line of Quail Ridge Drive and curve to the left through
a central angle of 212 12' 26" an arc distance of 77.73 feet to a point for corner at the end of said curve;
THENCE continuing with the easterly right-or way line of Quail Ridge Drive South 592 12'09" East a
distance of 15.07 feet to a 5/8 inch iron rod set for corner on the northerly right-of-way line of
Prairieside Drive (50' right-of-way)for the beginning of a non-tangent curve to the right having a radius
of 315.00 feet and a chord bearding and distance of South 752 37' 30" East, 251.87 feet;
THENCE with the northerly right-of-way line of Prairieside Drive and curve to the right through a central
angle of 472 07' 53" an arc distance of 259.12 feet to a point for corner at the end of said curve;
THENCE continuing with the northerly line of Prairieside Drive North 872 18' 42" East a distance of 14.97
feet to a 5/8 inch iron rod set for corner on the northerly right-of-way line of Candlehill Lane (66' right-
of-way);
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 9of14
THENCE with a northerly right-of-way line of Candlehill Lane the following:
North 459 46' 24" East a distance of 18.67 feet to a 5/8 inch iron rod set for the beginning of a curve
to the right having a radius of 333.00 feet and a chord bearing and distance of North 689 48'02"
East, 260.52 feet;
With said curve to the right through a central angle of 469 03' 17" an arc distance of 267.67 feet to a
5/8 inch iron rod set at the end of said curve;
South 889 10' 20" East a distance of 765.17 feet to a 5/8 inch iron rod set for the beginning of a
curve to the left having a radius of 467.00 feet and a chord bearing and distance of North 859 38'
54" East, 100.54 feet;
With said curve to the left through a central angle of 129 21'33" an arc distance of 100.74 feet to a
5/8 inch iron rod set at the end of said curve;
North 799 28' 07" East a distance of 87.43 feet to a 5/8 inch iron rod set for corner;
North 369 20'47" East a distance of 14.60 feet to a 5/8 inch iron rod set on the westerly right-of-
way line of Harris Parkway(80' right-of-way)for the beginning of a non-tangent curve to the right
having a radius of 580.00 feet and a chord bearing and distance of North 029 10' 28"West, 83.08
feet;
THENCE with a westerly right-of-way line of Harris Parkway the following:
With said curve to the right through a central angle of 089 12' 52"an arc distance of 83.15 feet to a
5/8 inch iron rod set at the end of said curve;
North 019 55' 58" East a distance of 328.88 feet to a 5/8 inch iron rod set for the beginning of a
curve to the right having a radius of 740.00 feet and a chord bearing and distance of North 099 30'
31" East, 195.12 feet;
With said curve to the right through a central angle of 159 09'07" an arc distance of 195.69 feet to a
5/8 inch iron rod set at the end of said curve;
North 179 05' 05" East a distance of 159.67 feet to a 5/8 inch iron rod set for the beginning of a
curve to the left having a radius of 660.00 feet and a chord bearing and distance of North 089 51'
03" East, 189.04 feet;
With said curve to the left through a central angle of 169 28'04" an arc distance of 189.70 feet to a
5/8 inch iron rod set at the end of said curve;
North 009 37' 01" East a distance of 190.94 feet to a 5/8 inch iron rod set for corner;
North 439 44'47" West a distance of 14.30 feet to a 5/8 inch iron rod set for corner on the southerly
right-of-way line of said Altamesa Boulevard (County Road 1043);
THENCE with the southerly right-of-way line of said Altamesa Boulevard South 889 06' 35" East a
distance of 101.71 feet to a 5/8 inch iron rod set;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 10 of 14
THENCE South 359 55' 26" West a distance of 20.21 feet to a 5/8 inch iron rod set on the easterly right-
of-way line of said Harris Parkway;
THENCE with a easterly right-of-way line of Harris Parkway the following:
South 009 37' 01" West a distance of 182.41 feet to a 5/8 inch iron rod set for the beginning of a
curve to the right having a radius of 740.00 feet and a chord bearing and distance of South 089 51'
03" West, 211.96 feet;
With said curve to the right through a central angle of 169 28' 04"an arc distance of 212.69 feet to a
5/8 inch iron rod set at the end of said curve;
South 179 05'05" West a distance of 159.67 feet to a 5/8 inch iron rod set for the beginning of a
curve to the left having a radius of 660.00 feet and a chord bearing and distance of South 099 30'
31" West, 174.03 feet;
With said curve to the left through a central angle of 159 09'07" an arc distance of 174.54 feet to a
5/8 inch iron rod set at the end of said curve;
South 019 55' 58" West a distance of 328.88 feet to a 5/8 inch iron rod set for the beginning of a
curve to the left having a radius of 500.00 feet and a chord bearing and distance of South 099 30'
17" West, 198.30 feet;
With said curve to the left through a central angle of 229 52' 29" an arc distance of 199.62 feet to a
5/8 inch iron rod set at the end of said curve;
THENCE departing the easterly right-of-way line of said Harris Parkway South 699 03' 27" West a
distance of 80.00 feet to a 5/8 inch iron rod set on the westerly right-of-way line of said Harris
Parkway for the beginning of a non-tangent curve to the right having a radius of 580.00 feet and a
chord bearing and distance of North 179 51'.42" West, 62.34 feet;
With said curve to the right through a central angle of 069 09'40" an arc distance of 62.37 feet to a
5/8 inch iron rod set at the end of said curve;
North 579 24' 50" West a distance of 14.60 feet to a 5/8 inch iron rod set on the southerly right-of-
way line of said Candlehill Lane;
THENCE with a southerly right-of-way line of Candlehill Lane the following:
South 799 28'07" West a distance of 87.43 feet to a 5/8 inch iron rod set for the beginning of a
curve to the right having a radius of 533.00 feet and a chord bearing and distance of South 859 38'
54" West, 114.75 feet;
With said curve to the right through a central angle of 129 21' 33" an arc distance of 114.97 feet to a
5/8 inch iron rod set at the end of said curve;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 11 of 14
North 889 10' 20" West a distance of 765.17 feet to a 5/8 inch iron rod set for the beginning of a
curve to the left having a radius of 267.00 feet and a chord bearing and distance of South 689 48'
02" West, 208.88 feet;
With said curve to the left through a central angle of 469 03' 17" an arc distance of 214.62 feet to a
5/8 inch iron rod set at the end of said curve;
South 459 46' 24" West a distance of 20.19 feet to a 5/8 inch iron rod set for corner;
South 059 31' 23" West a distance of 15.26 feet to a 5/8 inch iron rod set on the northerly right-of-
way line of said Prairieside Drive for the beginning of a non-tangent curve to the right having a
radius of 325.00 feet and a chord bearing and distance of South 179 30' 32" East, 182.83 feet;
With said curve to the right through a central angle of 329 40' 25" an arc distance of 185.34 feet to a
5/8 inch iron rod set at the end of said curve;
South 019 10' 20" West a distance of 21.03 feet to a 5/8 inch iron rod set for corner;
THENCE departing the northerly right-of-way line of said Prairieside Drive South 889 10' 20" East a
distance of 811.51 feet to a 5/8 inch iron rod set for corner;
THENCE South 019 49' 40"West a distance of 398.56 feet to a 5/8 inch iron rod set for the beginning of a
curve to the right having a radius of 340.00 feet and a chord bearing and distance of South 249 31' 12"
West, 262.33 feet;
With said curve to the right through a central angle of 459 23' 04" an arc distance of 269.32 feet to a 5/8
inch iron rod set at the end of said curve;
THENCE South 479 12'45"West a distance of 281.11 feet to a 5/8 inch iron rod set for corner;
THENCE South 429 47' 15" East a distance of 100.68 feet to a 5/8 inch iron rod set for corner;
THENCE South 479 15'45" East a distance of 605.22 feet to a 5/8 inch iron rod set for corner;
THENCE North 429 47' 15"West a distance of 215.16 feet to a 5/8 inch iron rod set for corner;
THENCE South 479 12'45"West a distance of 556.11 feet to a 5/8 inch iron rod set for corner;
THENCE North 429 47' 15"West a distance of 211.37 feet to a 5/8 inch iron rod set for the beginning of a
curve to the right having a radius of 1,690.00 feet and a chord bearing and distance of North 209 28'48"
West, 1,282.98 feet;
THENCE Northwesterly with said curve to the right through a central angle of 449 36' 56" an arc distance
of 1,315.98 feet to a 5/8 inch iron rod set at the end of said curve;
THENCE North 019 49' 40" East a distance of 69.39 feet to a 5/8 inch iron rod set for corner;
THENCE North 889 10' 20"West a distance of 18.00 feet to a 5/8 inch iron rod set for corner;
THENCE North 019 49' 40" East a distance of 165.00 feet to a 5/8 inch iron rod set for corner;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 12 of 14
THENCE South 882 10' 20" East a distance of 428.00 feet to a 5/8 inch iron rod set on the northerly right-
of-way line of said Prairieside Drive for the beginning of a non-tangent curve to the right having a radius
of 315.00 feet and a chord bearing and distance of North 322 12' 15" East, 318.58 feet;
THENCE with the northerly right-of-way line of said Prairieside Drive and said curve to the right through
a central angle of 602 45' 10" an arc distance of 334.01 feet to a 5/8 inch iron rod set at the end of said
curve;
THENCE North 222 35' 33" East a distance of 15.15 feet to a 5/8 inch iron rod set on the westerly right-
of-way line of said Quail Ridge Drive for the beginning of a non-tangent curve to the right having a radius
of 290.00 feet and a chord bearing and distance of North 082 34'03"West, 105.28 feet;
THENCE with the westerly right-of-way line of said Quail Ridge Drive and said curve to the right through
a central angle of 202 54' 55" an arc distance of 105.86 feet to a 5/8 inch iron rod set at the end of said
curve;
THENCE continuing with the westerly right-of-way line of said Quail Ridge Drive North 012 53' 25" East a
distance of 1,159.51 feet to a 5/8 inch iron rod set;
THENCE continuing with the westerly right-of-way line of said Quail Ridge Drive North 432 06' 35" West
a distance of 14.14 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 58.338 acres(2,541,203 square feet)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 $1,089,893 30
Sewer $ 1924,953 20
Sub-total $2;0_'14;$46 5Q
Section II
Interior Streets $2,726,377.75
Storm Drains $2,904,371.50
Sub-total $5,630,755.25
Section III.
Street Lights $381;292 50
Signals $231.,008 10,`
Sub-total $612;300:60.
TOTAL $8;25.7,902 35;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded
CFA Official Release Date: 07.01.2015
Page 14 of 14