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CONTRACT NO. �O
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COMPLETION AGREEMENT— SELF FUNDED
This Completion Agreement("Agreement"), is made and entered into by and between the
City of Fort Worth,("City")and Bloomfield Homes,L.P.,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 16.325 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 17-059 or FS NIA; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Cottages at Hutson Oaks for Water, Sewer, Paviniz,
Drainage,& Street Lights ("Improvements"); and
WHEREAS, the City has required certain assurances that the Developer will cause to be
constructed to City standards the Improvements pursuant to the Community Facilities Agreement;
and
WHEREAS, the Parties desire to set forth the terms and conditions of such
accommodations as are described above.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter set forth, it is hereby agreed by and between City and Developer as follows:
1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for
this Agreement and they are incorporated into this Agreement for all purposes.
2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown
on Exhibit`B")required to complete the Community Facilities in the aggregate should not
exceed the sum of One million four hundred ninety one thousand two hundred ninety three
and twelve hundredths Dollars ($1,491,293.12), hereinafter called the "Completion
Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
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FT.ViO R ill TX
completion of the Community Facilities may vary as a result of change orders agreed to by
the Parties, but such variances for the purposes of this Agreement shall not affect the
Completion Amount as used herein. City hereby waives the requirement for developer to
deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy.
3. Completion by the Developer. The Developer agrees to complete the Community Facilities
and pay all Hard Costs in accordance with City standards,the CFA,the Plat, and the Plans
as approved by the City. For the purposes of this Agreement, the development of the
Property shall be deemed complete upon acceptance by the City of the Community
Facilities pursuant to Section 6, hereof.
4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants
contained in this Agreement satisfy all requirements of the City with respect to Developer's
Financial Guarantee, as described in the CFA Policy, or other requirements for security in
connection with the development of the Property and the completion of the Community
Facilities that are contained in the CFA or in any other agreement relating thereto, and the
City hereby accepts the assurances and covenants contained herein in lieu thereof. To the
extent the CFA irreconcilably conflicts with this Agreement, the provisions of this
Agreement shall control.
5. Termination. This Agreement shall terminate upon the earlier to occur of the following:
(a)acceptance by the City of the Community Facilities; or(b)mutual written agreement of
the Parties.
6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the
Property until the Community Facilities are completed and accepted by the City and all
Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and
receipt of evidence from the Developer showing that all Hard Costs contractors have been
paid, including but not necessarily limited to lien waivers and bills paid affidavits,the City
shall within a reasonable time file the final plat for the Property in the Plat Records of the
county where the Property is located. The purpose of the City retaining the final plat of
the Property as provided herein is to guarantee the Developer's obligations under the CFA
are completed.
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
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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 Properly is private properly 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 parry at the following
addresses:
(i) Notice to the City shall be addressed and delivered as follows:
City of Fort Worth
Planning& Development Department
200 Texas Street
Fort Worth, Texas 76102
Attention: CFA Division
Janie Morales, Development Manager
Email: Janie.Morales@fortworthtexas.gov
Confirmation Number: 817-392-7810
and/or
CFA Division
Email: CFA(cr�fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 3 of 12
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attention: Richard A. McCracken
Assistant City Attorney
Confirmation Number: 817-392-7611
(ii) Notice to the Developer shall be addressed and delivered as follows:
Bloomfield Homes,L.P.
1050 E.Highway 114, Suite 210
Southlake, TX 76092
A parry 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 Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 4ofl2
H. Headings. The headings that are used in this Agreement are used for reference and
convenience purposes only and do not constitute substantive matters to be considered
in construing the terms and provisions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
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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:
Bloomfield Homes, L.P.
esus J. Chapa
Assistant City Manager Name: Donald J. D yl a, resident
Title: Bloomfield Pro ertes,Inc,
General Partner
Date:
Approved as to Form &Legality: Date: .p I
Richard A. McCracken
Assistant City Attorney
ATTEST:
Mary J. K4W
City Secretary %
AS
M&C:
Date:
C�FFICIAL RECORD
CITY ZCBxET�iRY
City of Fort Worth, Texas FT-rw RTFII TX
Standard Completion Agreement—Self-Funded Revis .
CFA Official Release Date: 07.01.2015
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Contract Compliance Manager:
By w;;�g', a'-Anowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
0 'ft� A M Clk—
Nam :,Janie Jorales
Title: Development Manager
LIST OF EXHIBITS
ATTACHMENT "1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
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ATTACHMENT 661"
Changes to Standard Agreement
Self-Funded Completion Agreement
None
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 8 of 12
EXHIBIT A
LEGAL DESCRIPTION
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS Bloomfield Homes, L.P, a Texas Limited Partnership, are the owners of
that certain tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth,
Tarrant County, Texas, said tract being all of the tracts described in the Special Warranty Deed
to said Bloomfield Homes, L.P., recorded under Instrument Number D217271805 of the Official
Public Records of Tarrant County, Texas, together with all of Lot 2, Block 1, Slough DVM
Addition, recorded in Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas, and
described in the deed to said Brickstone Development LP, recorded under Instrument Number
D217016856 of the Official Public Records of Tarrant County, Texas; the subject tract being
more particularly described as follows:
BEGINNING at a Mag nail with a metal washer stamped "JPH Land Surveying" drilled into a
hinged utilityvault located at the most easterly northeast corner of the tract described in the deed
to Ronald N. Lewandowski and William L. Rogers, recorded under Instrument Number
D215260960, Official Public Records, Tarrant County, Texas;
THENCE SOUTH 00 degrees 04 minutes 19 seconds EAST, with the west line of the tracts
described in the deeds to the City of Fort Worth, recorded under Instrument Numbers
D2 1 0259 1 1 2 and D210259109, each of the Official Public Records of Tarrant County, Texas, a
distance of 345.85 feet to a 5/8 inch rebar with cap stamped "GORRONDONA & ASSOC"
found at thesouthwest comer of said City of Fort Worth (Inst. D210259109)tract;
THENCE SOUTH 89 degrees 48 minutes 22 seconds WEST, with the north line of the tract
described in the deed to Tree House Family, LLP, recorded under Instrument Number
D207244639, Official Public Records, Tarrant County, Texas, a distance of 336.68 feet to a 1/2
inch rebar with cap stamped "ARTHUR SURVEYING COMPANY" found at the northwest
comer of said Tree House Family, LLP tract;
THENCE SOUTH 00 degrees 08 minutes 43 seconds EAST, with the west line of the Tree
House Family, LLP tract, a distance of 240.00 feet to a 1/2 inch capped rebar stamped "JPH
Land Surveying" set at the southwest comer of the Tree House Family, LLP tract;
THENCE NORTH 89 degrees 48 minutes 22 seconds EAST,with the south line of the Tree
House Family, LLP tract, a distance of 2.80 feet to a 1/2 inch capped rebar stamped "JPH Land
Surveying" set at the northeast corner of Lot 2, Block 1, Slough DVM Addition, recorded in
Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas;
THENCE SOUTH 00 degrees 11 minutes 38 seconds EAST, with the east line of said Lot 2, a
distance of 199.41 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the
southeastcomer of Lot 2;
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 9 of 12
THENCE SOUTH 89 degrees 45 minutes 44 seconds WEST, with the south line of Lot 2, a
distance of 726.46 feet to the southwest corner of Lot 2, from which a 1/2 inch rebar found bears
SOUTH 00 degrees 03 minutes 10 seconds WEST, a distance of 84.20 feet, also from which a
1/2 inch rebar found bears South, a distance of 400.00 feet, also from which a 1/2 inch capped
rebar stamped "CBG SURVEYING" found bears SOUTH 32 degrees 56 minutes EAST, a
distance of 0.55 feet, and from which a 3/8 inch rebar found bears SOUTH 81 degrees 02
minutes WEST, a distance of 6.53 feet;
THENCE NORTH 00 degrees 03 minutes 10 seconds EAST, with the west line of Lot 2 and the
west line of the tract described in the deed to David Edward Hall and Phyllis Ann Hall,recorded
in Volume 7340, Page 71, Deed Records, Tarrant County, Texas, a distance of 439.97 feet to a
metal fence post found at the northwest comer of said Hall tract;
THENCE NORTH 00 degrees 11 minutes 47 seconds WEST, with the west line of the tracts
described in the deeds to Ronald N. Lewandowski and William L. Rogers, recorded under
Instrument Numbers D215260962 and said D215260960, each of the Official Public Records of
Tarrant County, Texas, a distance of 375.80 feet to a 1/2 inch rebar found at the northwest comer
of said Lewandowski and Rogers (Inst. D215260960) tract;
THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the north line of the
Lewandowski and Rogers tract, a distance of 884.43 feet to a 1/2 inch capped rebar stamped
U TPH Land Surveying" set at the most northerly northeast corner of the Lewandowski and Rogers
tract;
THENCE SOUTH 00 degrees 08 minutes 45 seconds EAST, with the most northerly east line of
the Lewandowski and Rogers tract, a distance of 30.00 feet to a 1/2 inch capped rebar stamped
U TPH Land Surveying" set at a reentrant corner of the Lewandowski and Rogers tract;
THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the most easterly north line of
the Lewandowski and Rogers tract, a distance of 175.00 feet, returning to the POINT OF
BEGINNING and enclosing 16.325 acres (±711,123 square feet).
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 10 of 12
City of Fort Worth, Texas
Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 11 of 12
EXHIBIT B
APPROVED BUDGET
Section I
Water $289,025.12
Sewer $254,141.00
Sub-total $543,166.12
Section II
Interior Streets $599,640.00
Storm Drains $268,687.00
Sub-total $868,327.00
Section III
Street Lights $79,800.00
Sub-total $79,800.00
TOTAL $1,491,293.12
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
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