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Home My WebLink AboutContract 51381 Received Date: 10/10/2018 Received Time: 4:07 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Barham&Harris Development One,L.P. Address, State,Zip Code: 600 Summit Ave.,Fort Worth,TX 76102 Phone&Email: 817-377-2900,RHB @ BARHAMINTERESTS.COM Authorized Signatory,Title: Robert H. Barham,President of Barham Interests,Inc. Project Name: Parkview Hills Phase 5A&5B Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: East of Bob Hanger Street Plat Case Number: None Plat Name: None Mapsco: 32R Council District: 2 CFA Number: 2018-015 City Project Number: 101425 07741 I A L--`CORD CITY Z-,-r;CrF_TARy F.T.I'VORZTHI TX City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&513 CFA Official Release Date:02.20.2017 Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51381 WHEREAS, Barham & Harris Development One, L.P., ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Parkview Hills Phase 5A & 5B ("Project")within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS,the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas _<g Standard Community Facilities Agreement-Parkview Hills Phase 5A&513 CFA Official Release Date:02.20.2017 Page 2of11 to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) El- Sewer(A-1) Paving(B) M. Storm Drain(B-1) M. Street Lights& Signs (C) z- E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s),Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified,insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2)years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. 1. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits,actions or claims of any character,whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from,or in any way connected with,the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further,Developer will require its contractors to indemnify,and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 5 of 11 N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction,the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IMMIGRATION AND NATIONALITY ACT R. Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Developer shall provide City with copies of all l-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&513 CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Parkview Hills Phase 5A&5B CFA No.: 2018-015 City Project No.: 101 425 An Engineer's Estimate of Probable Cost is acceptable. However,the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 364,676.25 2.Sewer Construction $ 392,100.00 Water and Sewer Construction Total $ 756,776.25 B. TPW Construction 1.Street $ 709,222.25 2.Storm Drain $ 189,370.00 3.Street Lights Installed by Developer $ 95,250.00 4. Signals $ - TPW Construction Cost Total $ 993,842.25 Total Construction Cost(excluding the fees): $ 1,750,618.50 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 15,135.53 D. Water/Sewer Material Testing Fee(2%) $ 15,135.53 Sub-Total for Water Construction Fees $ 30,271.06 E. TPW Inspection Fee(4%) $ 35,943.69 F. TPW Material Testing(2%) $ 17,971.85 G. Street Light Inspsection Cost $ 3,810.00 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 57,725.54 Total Construction Fees: $ 87,996.60 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 1,750 618.50 Completion Agreement=100%/Holds Plat $ 1,750,618.5) x Cash Escrow Water/Sanitary Sewer-125% $ 945,970.31 Cash Escrow Paving/Storm Drain=125% $ 1,242,302.81 Letter of Credit=125%w/2yr expiration period $ 2,188,273.13 City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be 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 Barham&Harris Development One,L.P. Tesus T. Chgo By:Barham&Harris Management,LLC,G.P. Jesus J.Chapa(Oct 10,'2018) By:Barham Interests,Inc.Management Jesus J. Chapa Assistant City Manager Date: Oct 10,2018 Robert rham(Sep 28,2018) Recommended by: Name: Robert H. Barham Title: President Evelyn Robe (Oct 10,2018) Date: Sep 28,2018 Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the Approved as to Form &Legality: person responsible for the monitoring and administration of this contract, including RtWtAW A, McC,,"&,y ensuring all performance and reporting Richard A.McCracken(Oct 10,2018) requirements. Richard A. McCracken Assistant City Attorney M&C No. Jennifer Ezernack for(Oct 10,2018) Date: Name: Janie Morales Form 1295: N/A V 0�T, Title: Development Manager ATTEST: U.• 4 n=1 Mary J.kayser(Oct 10, 18) � Mary J.Kayser/Ronald Gori �-J , City Secretary/Assistant City Secretary 4= s! $ ti..- TX City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map I Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements Water and Sewer Cost Estimates ® Exhibit B: Paving Improvements Paving Cost Estimate ® Exhibit B-1: Storm Drain Improvements ® Storm Drain Cost Estimate ® Exhibit C: Street Lights and Signs Improvements l Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-Parkview Hills Phase 5A&5B CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"I" Changes to Standard Agreement Community Facilities Agreement City Project No. 101425 None. 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(if e / �1 LO 0 O:d �- - w r� �\ T / o N ' ' bofo� W Z O cK N L--- — N a O • Ir_ 0 /3 m/ H a I ry OM h LE / _ M h c r- I •, ,��' j L o — x _ _ I W o _ c 1 0 11 c rn O O o o I � f'-T--7 caf O Ld / ' \ h a 48 / \\\ -1 1 / _ - \ " ^lN /moi,.•.-- -- � ^i/` Ld V Q / l D:f 0)s � C W r—= h •` _...__._._ W E � -1 > o h O Ip ry — \ DO LLJ N I :�r\� ,U m w 3 C _ I h ( U O ti I� I•JI/ b b b b b b b b N ?d No nl .._L___.. . ..;._..._.._. � .� Yfl — ._. .. .__.--...'...... °/ O O cr S M 00 42 43 DAP-BID PROPOSAL Page 1 0171 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value NIT I:WATER IMPROVE ENTS SHEET 5 1 33_11.0261 8"PVC Water Pipe 3.311 12 L.F. 440.5 $35.00 $154,175.00 2 3312.3003 8"Gate Valve 33 12 20 EA. 8 $1,250.00 $10,000.00 3 3312.0001 Fire Hydrant 33 12 40 EA. 9 $4,200.00 $37,800.00 4 9999.0_001 Remove 8"Plug and Connect to E�asting 00 00 00 EA. 5 $1,000.00 $5,000.00 5 3312.2003 1"Water Service 33 12 10 EA. 138 $950.00 $131,100.00 6 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TON 4 $4,500.00 $18,000.00 7 3305.0003 8"Waterline Lowering 3305 12 EA. 3 $2,500.00 $7,500.00 30 8 35.0109 Trench Safety 33 05 10 L.F. 4405 $0.25 $1,101.25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 29 30 31 32 33 34 35 36 37 38 3x- 40 41 42 43 44 45 TOTAL UNIT is WA-i LR!MPR MENT $364 776.25 Cr1Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Forrn Version September 1,2015 004243_Bid Pmposal_DAP.xIs 00 42 43 DAP-BIDPROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Spec cation Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT If:SANITARY SEWEI I IMPROVEME 4TS SHEET 6 1 33_31.4115 8"PVC Sewer Pipe 3331 20 L.F. 4410 $42.00 $185,220.00 2 9999.0002 Connect to Existing Sewer Manhole 33 39 20 EA. 4 $1,000.00 $4,000.00 3 3339.100_1 4'Manhole 33 39 10 EA- 21 $3,400.00 $71,400.00 4 33_39.1003 v Extra Depth Manhole 33 39 10 V.L.F. 100 $185.00 $18,500.00 5 3331.3101 4"Sewer Service 3331 50 EA. 138 $700.00 $96,600.00 6 3301.00_02 Post-CCN Inspection 3301 31 L.F. 4410 $2.00 $8,820.00 7 3301.0101 Manhole Vacuum Testing 33-61 30 EA. 21 $150.00 $3,150.00 8 3305.0109 Trench Safety 33 05 10 L.F. 4410 $1.00 $4,410.00 9 10 11- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 _ 39 40 41 �— 42 43 44 45 TOTAL UNIT If:SANITARY SEWER IMPROVEMENTS1 $392,100.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Farts Venion September I,2015 00 42 43_Bid Proposal_DAP.ds 00 42 43 DAP-BID PROPOSAL Page 3 of? SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT III:DRAINAGE IMPROVEMENTS STORM DRAIN SHEETS -32&EROSION CONTROL SHEETS 33-35 1 3_341.0201 21"RCP,Class III 3341 10 LF 521 $60.00 $31,260.00 33 2 41.0205 24"RCP,Class III 3341 10 LF 250 $65.00 $16,250.00 3 3341.0208 27"RCP,Class III 3341 10 LF 374 $70.00 $26,180.00 4 3341.03_09 36 RCP,Class III 3341 10 LF 85 $95.00 $8,075.00 5 3_3_41.0312 39"RCP,Class III 33 41 10 LF 425 $110.00 $46,750.00 6 3305.0109 Trench Safety H05 10 LF 1655 $1.00 $1,655.00 7 3_349.5_001 10'Curb Inlet 33 492-0 EA 7 $3,400.00 $23,800.00 8 3349.5003 20'Curb Inlet 334920 EA 1 $5,400.00 $5,400.00 9 3349.0001 4'Storm Junction Box 33 49 10 EA 3 $4,500.00 $13,500.00 10 3349.0002 5'Storm Junction Box 3349 10 EA 2 $5,500.00 $11,000.00 11 3349.7002 Drop Inlet(5'x5') 33 49 20 EA 1 $5,500.00 $5,500.00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $189,370.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Forth Veoian Seplenber 1,2015 004243 Bid ProposalDAP.AI 00 42 43 DAP-BID PROPOSAL Page 4 or 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS SHEETS 22-24 1 3213.0101 6"Conc Pvmt 32 13 13 S.Y. 15486 $37.00 $572,982.00 2 3211.0501 6"Lime Treatment 32 11 29 S.Y. 16478 $3.00 $49,434.00 3 3211.0400 Hydrated Lime 32 11 29 TON 297 $180.00 $53,460.00 4 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA. 11 $1,200.00 $13,200.00 5 3213.0501 Barrier Free Ramp,Type M-2 32 1320 EA. 2 $1,200.00 $2,400.00 6 3441.4006 Install Alum Sign Ground Mount 3441 30 EA. 6 $550.00 $3,300.00 7 3_2.13.0301 4"Conc Sidewalk 32 1320 SF 4445 $3.25 $14,446.25 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25- 26 27 28 _ 29 30 31 32 33 34 35 .36- 37 38 39 40 41 42 ---- ---- i 43 44 45 TOTAL UNIT IV:PAVING IMPROVEMENTS $709,222.25 C rY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Veni-September 1,2015 00 42 43_Bid Proposal DAP.xls 00 42 43 UAP-BID PROPOSAL Page 5 of SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value NIT V:STREET LIGHTING IMPR VEMENTS SHEET 6 1 2605.3015 2"CONDT PVC SCH 80(T) 1260533 L.F. 1000 $12.00 $12,000.00 2 3441.1410 NO 10 Insulated Elec Condr 3441 10 L.F. 4000 $3.00 $12,000.00 3 3441.3002 Rdwy Illum Assmbly TY 8,11,D-25,and D- 3441 20 EA. 15 $2,600.00 $39,000.00 4 3441.3301 Rdwy Illum Foundation TY 1,2,and 4 3441 20 EA. 15 $1,200.00 $18,000.00 5 3441.3050 Furnish/Install LED Lighting Fixture(70 watt 3441 20 EA. 15 $650.00 $9,750.00 6 3441.1646 Furnish/Install Type 33B Arm 3441 20 15 $300.00 $4,500.00 7 8 9 10 11 12 13 14 15 16 , 17 _ 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS1 $95,250.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version September 1,2015 00 42 43_13id Proposal_DAP-As 00 42 43 DAP-BID PROPOSAL Page G of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit P,,. Bid Value UNIT VI:TRAFFIC I NAL IMPROVEMENTS 1 2 3 4 5 6 7 8 9- 0 _ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35_ 36 _ 37 38 39 40 41 42 43 44 45 TOTAL UNIT VI:TRAFFIC SIGNAL IMRROVEMENT CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version September 1,2015 00 42 43_Bid Propos _DAP..h, 00 42 43 DAP-BID PROPOSAL Page 7 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value Bid Summary UNIT I:WATER IMPROVEMENTS SHEET 5 _$364,676.25 UNIT II:SANITARY SEWER IMPROVEMENTS SHEET 6 $392,100.00 UNIT III:DRAINAGE IMPROVEMENTS _ __$189,370.00 UNIT IV:PAVING IMPROVEMENTS _ $_709_,222.25 UNIT V:STREET LIGHTING IMPROVEMENTS $95_,250.00 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS ^ Total Construction Bid $1,750,618.50 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 100 calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION x f �!!�SIDENT _ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S-DEVELOPER AWARDED PROJECTS Form Version September 1,2015 00 42 43_Bid Proposel_DAP.xIs COMPLETION AGREEMENT—LENDER FUNDED This Completion Agreement("Agreement)is made and entered into by and among the City of Fort Worth("City"), and Barham &Harris Development One, L.P., a Texas limited partnership ("Developer"), and Frost Bank ("Lender"), effective as of the date subscribed by the City's City Manager or Assistant City Manager. The City, the Developer and the Lender are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 27.267 acres that is 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 ; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Parkview Hills Phase 5A and 5B("CFA"); and WHEREAS, the City has required certain assurances of the availability of funds to complete the water and sewer utilities,streets/paving,storm drain,street lights and street signs for the development of the Property("Improvements"), and WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter defined)subject to,and in accordance with,the terms,provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of the Property (collectively,the "Plans"); 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 benefits to be derived from the mutual observance by the Parties of the terms and conditions hereof, and for and in consideration of Ten City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 1 of 18 Dollars($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged,the Parties agree 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 required to complete the Improvements in the aggregate should not exceed the sum of One Million Seven Hundred Fifty Thousand Six Hundred Eighteen Dollars and Fifty Cents ($1,750,618.50), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Improvements 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. 3. Adjustments to the Completion Amount. The Lender may from time to time make advances to the Developer for the development of the Property under the development loan that has been made by the Lender to the Developer for the purpose of financing the costs of constructing the Improvements for the Property (the "Load') subject to, and in accordance with, the terms, conditions and provisions of the Loan Documents (which term is hereinafter defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit "B", attached hereto and incorporated herein for all purposes, with the Hard Costs line items highlighted. The term"Hard Costs" shall mean the actual costs of construction and installation of the Improvements. To the extent that advances under the Loan are for the payment of Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold statutory retainage from any advances under the Loan or pursuant to this Agreement. All such retainage withheld, to the extent it is attributable to Hard Costs, shall also reduce the Completion Amount dollar for dollar. All retainage withheld by the Lender for Hard Costs that are advanced to the City pursuant to this Agreement shall be released to the City as provided in the Texas Property Code upon expiration of the statutory retainage period. 4. Completion by the Developer. The Developer agrees to complete the Improvements on or before the date for completion that is established in the Loan Documents plus City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 2 of 18 thirty (30) days (the "Completion Date"), in accordance with the CFA, the Plans approved by the Lender and the City and all documents evidencing or securing the Loan (collectively, the "Loan Documents"). For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Improvements. The City shall promptly notify the Lender and the Developer upon such acceptance. 5. Completion by the City. In the event that either: (A) the development of the Property is not completed by the Completion Date for any reason whatsoever,or(B)the Developer is in default under the Loan, then the Lender, at its sole option, may request the City to complete development.The City may, at its sole option and at the cost and expense of the Developer,within 10 days from receipt of Lender's request, notify Lender that it will undertake to complete the Improvements and the City shall then commence, pursue, and complete the Improvements in a reasonably timely, diligent and workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Improvements. If the City does not timely elect to complete the construction of the Improvements or if the Lender does not request the City to complete construction of the Improvements, then the Lender may at its election terminate this Agreement, or at its option, proceed to complete the Improvements, or foreclose on any of its collateral, or take any and all such action as may be provided under the Loan Documents. 6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral to the City. In the event the Lender has requested the City and the City has elected to complete the Improvements,Lender shall transfer to the City all remaining undisbursed Hard Costs specified in the Approved Budget within 10 days of the date that the City elected to complete and provided Lender with written notice of such election. The Developer hereby authorizes and instructs the Lender to make the transfer of any remaining undisbursed Hard Costs specified in the Approved Budget to the City within 10 days of notification that the City elects to complete the Improvements. In the event the cost to complete the Improvements exceeds the moneys transferred to the City, City shall notify Lender and Developer in writing of the need of additional funds. The City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 3 of 18 additional funds required to complete the Improvements shall be delivered to the City within 10 business days following notification to Lender and Developer. Failure to deliver the additional funds shall relieve the City of the obligation to complete the Improvements, in which event City shall use the Hard Costs funds in its possession to pay the contractor(s) all funds due it/them. Any remaining undisbursed Hard Costs shall be returned to Lender within a reasonable time. 7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Improvements if there is any default under any Loan Documents in lieu of requesting the City to complete the Improvements. If the Lender elects to complete the Improvements, any Hard Costs it expends shall, dollar for dollar, reduce the Completion Amount. 8. Easements. In the event the City or the Lender undertakes the completion of the Improvements, the Developer(and to the extent necessary the Lender) grants to the City and the Lender open access to the Property and shall execute and deliver such temporary easements over and across the entirety of the Property for the purpose of access and use for the completion of the construction of the Improvements in accordance with this Agreement. To the extent requested by the City and the Lender, written temporary construction easements in form acceptable to the City and the Lender shall be executed by the Developer and filed of record. Nothing in this paragraph shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents. 9. Lender's Rights. Nothing in this Agreement shall affect any portion of the Lender's collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the collateral as it elects in accordance with the Loan Documents. 10. 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 performance bond or other financial security in connection with the development of the Property and the completion of the Improvements 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. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 4 of 18 11. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Improvements; (b) mutual written agreement of all of the Parties; or(c)the reduction of the Completion Amount to zero. However, release of the plat shall be governed by paragraph 12 hereof and termination pursuant to (b) or (c) of this paragraph 11 shall not require the City to release the plat. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Improvements 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 all 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. 13. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Improvements the following: a.A statement that the City is not holding any security to guarantee any payment for work performed on the Improvements; 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 of the Improvements; and d. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in a., b., and c. above. 14. 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,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 5 of 18 City of Fort Worth Planning and 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 Attention: CFA Division Email: cfa@fortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: Richard A. McCracken Office of the City Attorney City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: Robert H. Barham Barham& Harris Development One, L.P. 600 Summit Ave Fort Worth,Texas 76102 Email: rhb@barhaminterests.com (iii) Notice to the Lender shall be addressed and delivered as follows: Frost Bank Attn: Larry Chilton 777 Main Street, Suite 500 Fort Worth,TX 76102 Email: larry.chilton@frostbank.com City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 6 of 18 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, provided, however, that this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to his Agreement. 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—Lender-Funded CFA Official Release Date: 07.01.2015 Page 7of18 ACCORDINGLY, the City of Fort Worth, Developer and Lender have each caused this instrument to be 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: Barham & Harris Development One, L.P. By: Barham & Harris Management, LLC, ,Tesus T.Ch a!L its general partner Jesus J.Chapa(Oct 10,2018) Jesus J. Chapa By: Barham Interests, Inc., its Manager Assistant City Manager Robert 6rham(Sep 28,2018) Date: Oct 10,2018 Name: Robert H. Barham Title: President Approved as to Form and Legality: Sep 28,2018 Date: k,{,cr�d A, Ma,- LENDER: cic2sz LENDER: Richard A.McCracken(Oct 10,2018) FROST BANK Richard A. McCracken Assistant City Attorney Larry ChilVIDd10,20181 ATTEST: Name: Larry Chilton Title: Executive Vice-President �A Contract Compliance Manager: Mary J.Frayser(Oct 10, 18) Mary J. Kayser By signing, I acknowledge that I am the City Secretary person responsible for the monitoring and administration of this contract, including M&C: ensuring all performance and reporting Date: r u re eats. � �!/ �Zslim"7-41r Jenniferrmack for(Oct 10,2018) Name: Janie Morales Title: Development Manager City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 8 of 18 Robert H. Barham,the Guarantor of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty Agreement that was executed by Robert H. Barham. GUARANTOR By: Kober i Wrham(Sep 28,2018) Name: Robert H. Barham Title: Partner James B. Haddock,the Guarantor of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty Agreement that was executed by James B. Haddock. GUARANTOR Wn&k 8 H.,d 1ack By:lames 8 Hadd«k(Sep 28,2018) Name: James B. Haddock Title: Partner James R. Harris, the Guarantor of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 9 of 18 pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty Agreement that was executed by James R. Harris. GUARANTOR Tames R Barris By:James R Hamis(Sep 28,2018) Name: James R. Harris Title: Partner City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 10 of 18 List of Exhibits to the Completion Agreement Attachment 1 —Changes to the Standard Completion Agreement Exhibit B -Legal Description Exhibit C - Approved Budget City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 11 of 18 ATTACHMENT"1" Changes to Standard Completion Agreement Paragraph 3: Change the title from "Adjustments to the Completion Amount" to "Reductions in the Completion Amount". Paragraph 4: The second to the last sentence should read"For the purposes of this Agreement,the development of the Property shall be deemed complete upon acceptance by the City of the Improvements including punch list items, which acceptance shall not be unreasonably withheld, conditioned or delayed." Paragraph 5: The first sentence should read "...or (B)the Developer is in default under any of the Loan Documents..." Paragraph 5: The last sentence should read "...terminate this Agreement, and/or at its option, proceed to complete the Improvements, or foreclose on any of its collateral, or take any and all such action as may be provided for under the Loan Documents." Paragraph 6: The third paragraph should read "In the event the cost to complete the Improvements exceeds the moneys transferred to the City, City shall notify Lender and Developer in writing of the need for additional funds. The additional funds required to complete the Improvements shall be delivered to the City within 10 business days following notification to Lender and Developer. Failure to deliver the additional funds shall relieve the City of the obligation to complete the Improvements, in which event City shall use the Hard Costs funds in its possession to pay the contractor(s) all funds due it/them for work actually completed. Any remaining undisbursed Hard Costs shall be returned to Lender within thirty (30) days after the contractor(s) have been paid in full for work to date." Paragraph 7: The paragraph should read "7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Improvements if there is any default under any of the Loan Documents in lieu of requesting the City to complete the Improvements. If the Lender elects to complete the Improvements, any Hard Costs it expends shall,dollar for dollar,reduce the Completion Amount. Any retainage,when paid,shall also,dollar for dollar, reduce the Completion Amount." Paragraph 10: In the first sentence, it should read "...the requirements of the City..." instead of "...all requirements of the City..." Paragraph 12: In the second sentence, insert the words "or Lender" after the word "Developer". Paragraph 13c: It should read "...or the improvements..." instead of"...of the Improvements...". City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 12 of 18 Paragraph 14: In Item F, add the following to the end of the paragraph: "...except as expressly provided herein in the event Lender requests the City to complete the Improvements following a default by Developer." City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 13 of 18 EXHIBITA STATE OF TEXAS § COUNTY OF TARRANT§ WHEREAS Barham & Harris Land One, L.P. and Barham & Harris Development One, L.P., being the owners of two tracts land situated in the City Fort Worth, Tarrant County, Texas to wit: BEING a tract of land situated in the John Askew Survey, Abstract No. 16, and the A. S. Roberts Survey, Abstract No. 1262, City of Fort Worth,Tarrant County, Texas and being all of the remainder of two tracts of land described by deeds to Barham & Harris Land One, L.P. as recorded in Document Number D201156341 and D201159633 of the Deed Records of Tarrant County,Texas (D.R.T.C.T.) and being all of the remainder of a tract of land as described by deed to Barham & Harris Development One, L.P. recorded in Document Number D204379157 (TRACT 4A), D.R.T.C.T. and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 -Texas North Central Zone (4202) NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network, all distance at ground); BEGINNING at a Found 5/8" capped iron rod marked "BHB INC" (CIRF) for the most northerly northwest corner the said Barham & Harris Development One, L.P. remainder tract, same being the southwest corner of Lot 1, Block 24, Parkview Hills addition, an addition to the City of Fort Worth,Texas as shown on plat recorded in Document Number D206367924 of the Plat Records of Tarrant County, Texas, (P.R.T.C.T.) and being in the east right-of-way line of Parkview Hills Lane (a 50 foot right-of-way); THENCE South 89042'03" East, with the common line between the said Barham & Harris Development One, L.P. remainder tract and the said Parkview Hills addition, passing at a distance of 512.42 feet the northeast corner of the said Barham & Harris Development One, L.P. remainder tract, same being the most northerly northwest corner of the aforesaid Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and now continuing with the common line between the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and the said Parkview Hills addition, in all for a total distance of 927.87 feet to a CIRF for the northwest corner of Lot 27, the aforesaid Block 24; THENCE continuing with the said common line and being along a non-tangent curve to the right having a central angle of 0643'00", a radius of 910.00 feet, an arc length of 106.68 feet and a chord which bears South 21°47'27" West, a distance of 106.62 feet to a CIRF; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 14 of 18 THENCE South 64°51'03" East, continuing with the said common line, a distance of 120.00 feet to a set 5/8-inch capped iron rod marked "BHB INC" (IRS) for the southeast corner of Lot 29 of the said Block 24 and being in the west right-of-way line of Turtle Stream Drive (a 50 foot right- of-way); THENCE continuing with the said common line and being along a non-tangent curve to the right having a central angle of 00°10'45", a radius of 1030.00 feet, an arc length of 3.22 feet and a chord which bears South 25°14'19" West, a distance of 3.22 feet to a IRS; THENCE South 64°40'18" East, continuing with the said common line, passing at a distance of 50.00 feet the southwest corner of Lot 6, Block 3 of the aforementioned Parkview Hills addition, in all a total distance of 170.00 feet to a CIRF for the southeast corner of said Lot 6, same being the most northerly northeast corner of the aforementioned Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and being the most westerly northwest corner of the aforementioned Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201156341; THENCE with a common line between the said Parkview Hills addition and the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201156341 and being along a non-tangent curve to the left having a central angle of 09°46'05", a radius of 1200.00 feet, an arc length of 204.58 feet and a chord which bears North 2026'39" East, a distance of 204.33 feet to a CIRF for the southwest corner of Lot 16 of the said Block 3; THENCE South 74°26'23" East, with the said common line, a distance of 120.00 feet to a CIRF for the southeast corner of said Lot 16 and being in the west right-of-way line of Waterloo Lane (a 50 foot right-of-way); THENCE continuing with the said common line and being along a non-tangent curve to the right having a central angle of 0121'00", a radius of 1320.00 feet, an arc length of 31.10 feet and a chord which bears South 1614'07" West, a distance of 31.10 feet to a IRS; THENCE South 7305'23" East, continuing with the said common line, passing at a distance of 50.00 feet the southwest corner of Lot 1, Block 5 of the aforesaid Parkview Hills addition, in all a total distance of 83.76 feet to a IRS; THENCE South 53°01'25" East, continuing with the said common line, a distance of 677.69 feet to a CIRF for the southeast corner of Lot 14 of the said Block 5 and being in the west right-of- way line of Falconer Way (a 50-foot right-of-way) as shown Parkview Hills, Phase 5C plat as recorded in Document Number D2017261978, P.R.T.C.T.; THENCE with the common line between the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201156341 and the said west right-of-way line the following courses and distances: City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 15 of 18 South 3658'35" West, a distance of 105.00 feet to a CIRF; South 81°58'35" West, a distance of 14.14 feet to a CIRF; South 36°58'35" West, a distance of 50.00 feet to a CIRF; South 0801'25" East, a distance of 14.14 feet to a CIRF; South 36°58'35" West, a distance of 210.00 feet to a CIRF; South 81°58'35" West, a distance of 14.14 feet to a CIRF; South 3658'35" West, a distance of 50.00 feet to a CIRF; South 53`01'25" East, a distance of 4.99 feet to a CIRF; South 3658'35" West, a distance of 154.91 feet to a CIRF for the most southerly southeast corner of the aforementioned Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201156341 and being in the north line of Lot 28, Block 9, Marine Creek Hills Addition, an addition to the City of Fort Worth,Texas as shown on plat recorded in Cabinet A, Slide 7987, P.R.T.C.T.; THENCE North 53`03'09" West, with the common line between the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201156341 and said Lot 28, passing at a distance of 791.10 feet a found 5/8 inch iron rod for the southwest corner of the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201156341, same being the southeast corner of the aforementioned Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633, now continuing with the common line between the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and said Lot 28, in all a distance of 936.32 feet to an IRS for an ell corner of the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and said Lot 28; THENCE with the said common line the following courses and distances: South 3656'40" West, a distance of 459.86 feet to a found 1/2 inch iron rod; North 5301'19" West, a distance of 230.30 feet to a found 1/2 inch iron rod; North 5657'50" West, a distance of 99.98 feet to a point from which a found 1/2 inch iron rod bears South 39°44'15" East, a distance of 0.18 feet; North 64°39'26" West, a distance of 99.92 feet to a found 1/2 inch iron rod; City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date:07.01.2015 Page 16 of 18 North 7221'24" West, a distance of 100.06 feet to an IRS; North 80°10'51" West, a distance of 99.92 feet to a a found 1/2 inch iron rod; North 86'58'59" West, a distance of 77.13 feet to a point from which a found 1/2 inch iron rod bears South 6716'19" East, a distance of 0.25 feet; North 89°59'39" West, passing at a distance of 100.64 feet the northwest corner of aforementioned Lot 28, in all a distance of 120.60 feet to an IRS for the southwest corner of the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and being in the east right-of-way line of Bob Hanger Street (a variable width right-of-way); THENCE North 00°00'53" East, with the common line between the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633 and the said east right-of-way line, passing at a distance of 301.42 feet a found 5/8 inch iron rod for the northwest corner of the said Barham & Harris Land One, L.P. remainder tract as recorded in Document Number D201159633, same being the southwest corner of the aforementioned Barham & Harris Development One, L.P. remainder tract as recorded in D204379157 (TRACT 4A), and now continuing with the common line between the said east right-of-way line and the said Barham & Harris Development One, L.P. remainder tract as recorded in D204379157 (TRACT 4A), in all a total distance of 418.43 feet to an IRS for the most westerly northwest corner of the said Barham & Harris Development One, L.P. remainder tract as recorded in D204379157 (TRACT 4A), and the south right-of-way line of Braham Trail (a 56 foot right-of- way); THENCE with the common line between the said Barham & Harris Development One, L.P. remainder tract as recorded in D204379157 (TRACT 4A) and the said Braham Trail right-of-way line the following courses and distances: South 89°59'35" East, a distance of 130.00 feet to an IRS; South 45°00'52" East, a distance of 14.15 feet to an IRS; South 8959'35" East, a distance of 50.00 feet to an IRS; North 44°59'08" East, a distance of 14.14 feet to an IRS; North 00°02'09" West, a distance of 56.00 feet to an IRS; North 45°00'52" West, a distance of 14.15 feet to an IRS; North 0002'09" West, a distance of 42.39 feet to feet to the POINT OF BEGINNING and containing 1,187,735 Square Feet or 27.267 Acres of Land more or less. City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 17 of 18 EXHIBIT C APPROVED BUDGET Section I Water $ 364,676.25 Sewer $ 392,100.00 Subtotal $756,776.25 Section II Interior Streets $ 709,222.25 Storm Drains $ 189,370.00 Subtotal $898,592.25 Section III Street Lights $ 95,250.00 Sub-total $95,250.00 TOTAL $1,750,618.50 City of Fort Worth,Texas Standard Completion Agreement—Lender-Funded CFA Official Release Date: 07.01.2015 Page 18 of 18