HomeMy WebLinkAboutContract 50272 CITY SECRETARY
CONTRACT NO.
COMPLETION AGREEMENT—SELF FUNDED
This Completion Agreement("Agreement"), is made and entered into by and between the
City of Fort Worth, ("City") and 13I66fisfield =Homes =4L.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 14.475 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 17-094 or t N.-`A`A: and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development, Rosemary Ridge Addition Phase 3 for Paving,Drainage,
Street Lights,Water,&Sanitary:.Sewer("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 Five Hundred Sixty One Thousand Eight
Hundred Twenty. Seven &t $4QQ Dollars ($ 5
� 1,82784), hereinafter called the
._.
"Completion Amount". Notwithstanding the foregoing, it is acknowledged that the
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 1 of 10 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
actual costs of 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
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 2 of 10
the final plat of the Property as provided herein is to guarantee the Developer's
obligations under the CFA are completed.
7. Construction Contracts. Developer agrees to include in each Construction contract that it
enters into for the completion of the Community Facilities the following:
A. A statement that the City is not holding any security to guarantee any payment for
work performed on the 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
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 ,fortworthtexas.gov
Confirmation Number: 817-392-2025
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 10
With a copy thereof addressed and delivered as follows:
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 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 Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
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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.
5�fA
Jesus J Chapa(Feb 15,2018)
Jesus J. Chapa Donald J Dykstra(Fe 155,2018)
Assistant City Manager Name:
o��
Title:
Date: Feb 15,2018
Date: Feb 15,2018
Approved as to Form &Legality:
Richard A McCracken(Feb 15,2018)
Richard A. McCracken
Assistant City Attorney
ATTEST:
O. FORT�O.
Nt�r•N Zeb �.: ��
Mary (Feb 19-2018)
Mary J. Kayser
City Secretary
M&C: T XPS
Date:
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 6of10
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
LIST OF EXHIBITS
ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT
EXHIBIT A- LEGAL DESCRIPTION
EXHIBIT B - APPROVED BUDGET
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 7 of 10
ATTACHMENT "1"
Changes to Standard Agreement
Self-Funded Completion Agreement
Noi e
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 10
EXHIBIT A
LEGAL DESCRIPTION
OWNER'S CERTIFICATE
STATE OF TEXAS:
COUNTY OF TARRANT:
WHEREAS BLOOMFIELD HOMES, L.P. is the owner of a 2.510 acre and a 11.965 acre tract
of land situated in the Moses Walters Survey,Abstract No. 1598, City of Fort Worth, Tarrant
County, Texas, being a portion of Tract I as described in deeds to Bloomfield Homes, L.P.,
recorded in D213322818 & D216123147, Official Public Records, Tarrant County, Texas, and
being more particularly described as follows:
TRACT 1
BEING a tract of land situated in the Moses Walters Survey,Abstract No. 1598, City of Fort
Worth, Tarrant County, Texas, being a portion of Tract I as described in deeds to Bloomfield
Homes, L.P.,recorded in D213322818 &D216123147, Official Public Records, Tarrant County,
Texas (OPRTCT), and being more particularly described as follows:
BEGINNING a 1/2" rebar capped Goodwin&Marshall set(hereafter referred to as 1/2" rebar
capped set) in the northerly right-of-way line of Mountain Meadow Road(60'R.O.W.per
D217137005, OPRTCT) at the most southerly corner of Lot 1, Block 117 of the final plat of
Rosemary Ridge Addition(Phase II), an addition to the City of Fort Worth, Tarrant County,
Texas as recorded in D217137005, OPRTCT;
THENCE departing the northerly line of said Mountain Meadow Road, along the southerly line
of said Block 117, as follows:
N 33°56'37"E, a distance of 71.29 feet to a 1/2" rebar capped set;
N 54°03'22" E, a distance of 37.60 feet to a 1/2" rebar capped set;
S 75°26'53" E, a distance of 51.90 feet to a 1/2" rebar capped set;
S 75°53'19" E, a distance of 74.53 feet to a 1/2" rebar capped set;
S 87°50'28" E, a distance of 310.25 feet to a 1/2" rebar capped set;
S 85°29'50" E, a distance of 55.18 feet to a 1/2" rebar capped set;
N 87°23'48" E, a distance of 100.09 feet to a 1/2" rebar capped set;
N 83°47'04" E, a distance of 100.98 feet to a 1/2" rebar capped set;
N 78°52'24"E, a distance of 52.38 feet to a 1/2" rebar capped set;
N 72°28'28"E, a distance of 99.06 feet to a 1/2" rebar capped set in the westerly
right-of-way line of Old Timber Lane (50'R.O.W.) at the southeast corner of Lot 17,
Block 117 of said Rosemary Ridge Addition (Phase II), said point lying in a curve to the
right having a radius point that bears S 57°40'08" W, 700.00 feet;
THENCE along the westerly right-of-way line of said Old Timber Lane, as follows:
Southeasterly, along said curve, having a central angle of 09°00'02", an arc distance of
109.96 feet, and a chord that bears S 27°49'51"E, 109.85 feet to a 1/2"rebar capped set
at the end of said curve;
S 22°38'43" W, non-tangent to said curve, a distance of 14.00 feet to a 1/2" rebar capped
set at the intersection with the north right-of-way line of aforementioned Mountain
Meadow Road (60'R.O.W.), said point lying in a curve the right having a radius point
that bears N 21°24'58" W, 770.00 feet;
Southwesterly, along said curve,having a central angle of 21°16'32", an arc distance of
285.92 feet, and a chord that bears S 79°13'18" W, 284.28 feet to a 1/2"rebar capped set
at the end of said curve;
S 89°51'34" W,tangent to said curve, a distance of 514.25 feet to a 1/2"rebar capped set
at the beginning of a tangent curve to right,having a radius of 195.00 feet;
Northwesterly, along said curve, having a central angle of 45°00'00", an arc distance of
153.15 feet, and a chord that bears N 67°38'26" W, 149.25 feet to a 1/2"rebar capped set
at the end of said curve;
N 45°08'26" W,tangent to said curve, a distance of 25.96 feet to the POINT OF
BEGINNING and containing 109,323 square feet or 2.510 acres of land.
TRACT 2
BEING a tract of land situated in the Moses Walters Survey,Abstract No. 1598, City of Fort
Worth, Tarrant County, Texas, being a portion of Tract I as described in deeds to Bloomfield
Homes, L.P., recorded in D213322818 & D216123147, Official Public Records, Tarrant County,
Texas (OPRTCT), and being more particularly described as follows:
BEGINNING a 1/2" rebar capped Goodwin&Marshall set(hereafter referred to as 1/2" rebar
capped set) in the west line of a 42'wide right-of-way dedication for McCart Avenue per Cabinet
B, Slide 3403, Plat Records, Tarrant County, Texas, being southeast corner of Rosemary Ridge
Addition(Phase II), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in
D217137005, OPRTCT;
THENCE along the west line of said McCart Avenue and the east line of said Bloomfield Homes
Tract I, as follows:
Southeasterly, along a curve to the right, having a radius point that bears S 71'15'46" W,
908.00 feet, a central angle of 18°08'52", an arc distance of 287.60 feet, and a chord that
bears S 09°39'48" E, 286.40 feet to a 1/2" rebar capped set at the end of said curve;
S 00°35'22" E, tangent to said curve, a distance of 351.08 feet to a 1/2" rebar capped set
at the beginning of a tangent curve to the left, having a radius of 1002.00 feet;
Southeasterly, along said curve, having a central angle of 00°53'51", an arc distance of
15.70 feet, and a chord that bears S O1°02'17" E, 15.70 feet to a 1/2" rebar capped set at
the end of said curve, said point being an angle point in the west right-of-way line of said
McCart Avenue and the southeast corner of said Bloomfield Tract I, said point lying in
the north line of a tract of land as described in deed to Jo Betsy Hampton Kirk, Trustee of
the Jo Betsy Hampton Kirk Revocable Trust, recorded in D206372034, OPRTCT, from
which an angle point in the west right-of-way line of said McCart Avenue and the
northeast corner of said Kirk tract bears N 89°51'34" E, 1.91 feet;
THENCE S 89°51'34" W, departing the west right-of-way line of said McCart Avenue,
non-tangent to said curve, along the south line of said Bloomfield Tract I and the north line of
said Kirk tract, a distance of 915.56 feet to a 1/2" rebar capped set at the southwest corner of the
herein described tract of land, from which a 1/2" rebar found at the southwest corner of said
Bloomfield Tract I bears S 89°51'34" W, 1145.00 feet;
THENCE departing the north line of said Kirk tract, across said Bloomfield Tract I, as follows:
N 00°08'26" W, a distance of 50.00 feet to a 1/2" rebar capped set;
N 44°51'34" E, a distance of 14.14 feet to a 1/2" rebar capped set;
N 00°08'26" W, a distance of 184.00 feet to a 1/2" rebar capped set;
N 45°08'26" W, a distance of 14.14 feet to a 1/2" rebar capped set;
N 00°08'26" W, a distance of 50.00 feet to a 1/2" rebar capped set;
N 89°51'34" E, a distance of 203.30 feet to a 1/2" rebar capped set;
N 44°51'34" E, a distance of 14.14 feet to a 1/2" rebar capped set;
N 00°08'26" W, a distance of 92.00 feet to a 1/2" rebar capped set;
S 89°51'34" W, a distance of 410.00 feet to a 1/2" rebar capped set;
N 81°46'36" W, a distance of 106.13 feet to a 1/2" rebar capped set;
N 73°12'49" W, a distance of 129.09 feet to a 1/2" rebar capped set;
N 11'14'25" W, a distance of 63.03 feet to a 1/2" rebar capped set;
N 33°31'26"E, a distance of 50.99 feet to a 1/2" rebar capped set;
N 44°51'34"E, a distance of 70.00 feet to a 1/2" rebar capped set in the southerly
right-of-way line of Mountain Meadow Road(60' R.O.W.per D217137005, OPRTCT);
THENCE along the south right-of-way line of said Mountain Meadow Road, as follows:
S 45°08'26" E, a distance of 39.90 feet to a 1/2" rebar capped set at the beginning of a
tangent curve to the left, having a radius of 255.00 feet;
Southeasterly, along said curve,having a central angle of 45°00'00", an arc distance of
200.28 feet, and a chord that bears S 67°38'26" E, 195.17 feet to a 1/2" rebar capped set
at the end of said curve;
N 89°51'34" E,tangent to said curve, a distance of 514.25 feet to a 1/2"rebar capped set
at the beginning of a tangent curve to the left, having a radius of 830.00 feet;
Northeasterly, along said curve, having a central angle of 30°32'02", an arc distance of
442.32 feet, and a chord that bears N 74°35'33" E, 437.11 feet to a 1/2" rebar capped set
at the beginning of a reverse curve to the right,having a radius of 470.00 feet;
Northeasterly, along said curve, having a central angle of 04°25'57", an arc distance of
36.36 feet, and a chord that bears N 61°32'31" E, 36.35 feet to a 1/2"rebar capped set at
the end of said curve, being the most northerly clip corner of the intersection of the south
right-of-way line of said Mountain Meadow Road and the west right-of-way line of
aforementioned McCart Avenue;
THENCE S 67020'58" E, non-tangent to said curve, a distance of 13.31 feet to a 1/2"rebar
capped set at the most southerly clip corner of said intersection;
THENCE N 71015'46" E, along a reentrant line in said McCart right-of-way, a distance of 38.00
feet to the POINT OF BEGINNING and containing 521,203 square feet or 11.965 acres of land.
EXHIBIT B
APPROVED BUDGET
Section I
Water $2.43,296.00
Sewer $173;6$9.20
Sub-total $416,985.20
Section II
Interior Streets $513,377.64
Storm Drains $583;871.00
Sub-total $1,097,248.64
Section III
Street Lights $473594;00
Sub-total $47,594.00
TOTAL $1,561,827.84
City of Fort Worth, Texas
Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 10 of 10
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.
.Tania Scarl&t�Moralos
Janie Scarlett Morales(Feb 15,2018)
Janie S. Morales
Development Manager