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HomeMy WebLinkAboutContract 52852 Received Date: 09/27/19 Received Time: 11:38 AM Developer and Project Information Cover Sheet: Developer Company Name: CENTEX HOMES Address, State,Zip Code: 9111 Cypress Waters, Suite 100,Coppell,TX 75019 Phone&Email: 972-304-2800,clint.vincent(a,pulte rgroup.com Authorized Signatory,Title: Clint Vincent ,Division Vice President of Land Development Project Name: Mountain Bluff Drive Brief Description: Paving, Storm Drain, Street Lights Project Location: Northwest corner of Boat Club Rd and Park Drive Plat Case Number: Plat Name: Mapsco: Council District: 7 CFA Number: CFA19-0086 City Project Number: 102232 City of Fort Worth,Texas Standard Community Facilities Agreement-Mountain Bluff Drive OFFICIAL RECORD CFA Official Release Date:02.20.2017 CITY SECRETARY Page 1 of 11 FT. WORTH,TX STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 52852 WHEREAS, CENTEX HOMES, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached heketo("Improvements")related to a project generally described as Mountain Bluff Drive (" oject") 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 coyrenants 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 r"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 frith 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 -�- Standard Community Facilities Agreement-Mountain Bluff Drive OFFICIAL RECORD CFA Official Release Date:02.20.2017 Page 2 of 11 CITY SECRETARY FT. WORTH,TX 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) Sewer(A-1) [ _�,Paving(B) , Storm Drain(B-1) J , Street Lights & Signs (C)'0. 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-Mountain Bluff Drive 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 1' es of sewer and water mains constructed under this Agreement, if any, until 'd 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. I. 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-Mountain Bluff Drive 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-Mountain Bluff Drive 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 wastewa-cer 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 'gns. 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-Mountain Bluff Drive 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(I-9). Upon request by City, Developer shall provide City with copies of all I-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-Mountain Bluff Drive CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name:Mountain Bluff Drive CFA No.: CFA19-0086 City Project No.: 102232 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 2.Sewer Construction Water and Sewer Construction Total $ B. TPW Construction 1.Street $ 185,603 65 2.Storm Drain $ 26,092 50 3.Street Lights Installed by Developer $ 17,245 00 4. Signals $ TPW Construction Cost Total $ 228,941.15 Total Construction Cost(excluding the fees): $ 228,941.15 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ D. Water/Sewer Material Testing Fee(2%) $ Sub-Total for Water Construction Fees $ E. TPW Inspection Fee(4%) $ 8,467,06 F. TPW Material Testing(2%) $ 4,233 2 G. Street Light Inspsection Cost $ 689 0 H. Signals Inspection Cost $ H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 13,391.57 Total Construction Fees: $ 13,391.57 Choice Financial Guarantee Options,choose one Amount _ Mark one' Bond=100% $ 228,941.15 Completion Agreement=100%/Holds Plat $ 228,941.15 x Cash Escrow Water/Sanitary Sewer—125% $ - Cash Escrow Pavin (Storm Drain=125% $ 286,176.44 Letter of Credit=125%w/2 r expiration period $ 286,176.44 City of Fort Worth,Texas Standard Community Facilities Agreement-Mountain Bluff Drive 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 CENTEX HOMES A Nevada general partnership Dana Burghdoff(S 25,201 Dana Burghdoff By: Centex Real Estate Company,LLC, Interim Assistant City Manager a Nevada limited liability company Date: Se;?5T2019 Its: Managing Partner Recommended by: 6.ui vuicetz�, Clint Vincent(Sep 24,2019) r Name: Clint Vincent Evely 5 '�"(Sep 24,2019) Title: Division Vice President of Land Evelyn Roberts/Jennifer Ezernack Development Project Assistant Sep 24,2019 Planning and Development Date: Approved as to Form &Legality: Contract Compliance Manager: Z_ / ., �. /___ By signing, I acknowledge that I am the Richard A.McCracken(Sep 25,2019) person responsible for the monitoring and Richard A. McCracken administration of this contract, including Assistant City Attorney ensuring all performance and reporting M&C No. N/A requirements. Date: 4T ✓anie,Scarlerr Mora= Form 1295: Janie Scarlett Morales(Sep 25,2019) F— S Name: Janie Morales ATTEST: i U Title: Development Manager Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement-Mountain Bluff Drive CITY SECRETARY CFA Official Release Date:02,20.2017 FT WORTH, TX 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 ❑ 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 ® Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-Mountain Bluff Drive CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 102232 None. City of Fort Worth,Texas Standard Community Facilities Agreement-Mountain Bluff Drive CFA Official Release Date:02.20.2017 Page 11 of 11 00 42 43(2) DAP-BID PROPOSAL Paa41 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal Bid Item Sptcifization Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT I:DRAINAGE IMPROVEMENTS 1 3341.0205 24"RCP,Class III 3341 10 LF 111 $65.00 $7,215.00 2 3341.0201 21"RCP,Class Ill 3341 10 LF 26 $56.50 $1 469.00 4 3349.5001 10'Curb Inlet 33 49 20 EA 2 $3,900.00 $7 800.00 5 3349.7001 4'Drop Inlet 33 49 20 EA 1 $5,200.00 $5 200.00 5 9999.0007 24"Sloping Headwall 00 00 00 EA 1 $2,800.00 $2,800.00 6 3137.0102 Large Stone Riprap,dry 31 37 00 SY 1 14 $110.00 $1,540.00 7 13305.0109 Trench Safety 33 05 10 1 LF I 137 $0.501 $68.50 TOTAL UNIT I:DRAINAGE IMPROVEMENTS $26,092.50 UNIT It:PAVING IMPROVEMENTS 1 3231.0101 7.5"Conc Pvmt 32 13 13 SY 2,961 $40.80 $120,808.80 2 3213.0301 4"Conc Sidewalk 32 13 20 SF 7.901 $4.75 $37,529.75 3 3211.0501 8"Lime Treatment 32 11 29 SY 3,106 $3.10 $9,628,60 4 3211.04 Hydrated Lime 3211 29 TN 47 $155.00 $7,285.00 5 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 2 $1,650.00 $3,300.00 6 9999.0013 Remove End of Road Barricade 00 00 00 EA 1 $550.00 $550.00 7 3292.04 Seeding,Hydromulch 32 92 13 SY 467 $4.50 $2 101.50 8 3291.0100 Topsoil 3291 19 CY 26 $50.00 $1,300.00 8 0241.1300 Remove Conc CurbBGUttef 0241 15 LF 70 $20.00 $1,400.00 8 0241.0100 Remove Sidewalk 10241 13 SF 420 $2.50 $1,050.00 8 3305.0111 Valve Box Adjustment 1330514 1 EA 1 $250.00 $250.00 9 3441.4006 Instal Alum Sign Ground Mount 13441 30 1 EAJ 1 $400.00 $400.00 TOTAL UNIT If:PAVING IMPROV ME TS $185,603.65 UNIT Ill:STREET LIGHTING IMPROVEMENTS 1 2605.3015 1 1/2"CONDT PVC SCH 80(T) 3441 30 LF 620 $8.60 $5,332.00 2 3441 141 NO 10 Insulated Elec Condr 3441 30 LF 1860 $1.05 $1,953.00 3 3441.3002 Rdwy Ilium Assembly TY 8,11,D-25,and D- 3441 30 EA 3 $2 180.00 $6,540.00 4 3441.3301 Rdwy Ilium Foundation TY 1,2,and 4 3441 30 EA 3 $1,140.00 $3,420.00 TOTAL UNIT IlL STREET LIGHTING IMPROVEMENTS $17,245.00 Unit I:Storm Drain Improvements $26,092.50 Unit 11:Paving Improvements $185,603.65 Unit III:Street Lighting Improvements $17,245.00 Grand Total: $228,941.15 This Bid is submitted by the entity named below: BIDDER: BY:Charles A.Nloonc� Gilco Contracting Inc. 6331 Southwest Blvd. 0� Benbrook,Texas 76132 TITLE:Contract Manager DATE: 816/2019 CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DE'VELOPER AWARDED PROJECTS Form Vanimn Sp"ber 1,2015 Copy of Mountain Bluff Drive Proposal Form(Gilco).ai3x 0042 4s(2) DAP-BID PROPOSAL Poe 2 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Biddets Proposal Bid item DescSpecification Unit of Bid No. °pbO° Section No. Measure Quantity Unit Price Bid Value Contractor agrees to complete WORK for FINAL 60 woridog days after the date when the CONTRACT commences to run as provided In the General Caadittoss. 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R yam, , ••4 ,.�...a Z w z Q N � w O J N Z w C � O w W Q 0 w a Z Z ° W w 0 W J W U) l"I O w d V C) J Q � X a W m t4 � W o COMPLETION AGREEMENT—SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and CENTEX HOMES, a Texas Limited Liability Colporation>, 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 0.876 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 19-089 or FS<Number>; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Mountain Bluff Drive for Paving, Drainage, and Street Light("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 Two Hundred Twenty Eight Thousand Nine Hundred Fortyone Dollars and Fifteen Cents Dollars ($228,941.15), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 1 of 11 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; csr(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 ME CFA Official Release Date: 07.01.2015 Page 2 of 11 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: CFAAfortworthtexas.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 11 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: Centex Homes,Ltd. 9111 Cypress Waters, Suite 100 C:oppcll, TX 75019 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 Page 4 of 11 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 Page 5 of 11 Executed in quadruplicate in each entity's respective name by is duly authorized signatories effective as of the date executed by the City's City Manager or 's/her designee. CITY OF FORT WORTH: DEVELOPER: CENTEX HOMES, a Nevada general partnership Dana Burghdoff(S 25,201 By: Centex Real Estate Company, LLC Dana Burghdoff a Nevada limited liability company Interim Assistant City Manager Its: Managing Partner Sep 25,2019 �'� Date: Clint Vincent(Sep 24,2019) Name: Clint Vincent Approved as to Form &Legality: Title: Division Vice President of Land Developme t Richard A.McCracken(Sep 25,2019) SA-24,2019 Richard A. McCracken Date: Assistant City Attorney � 4 ATTEST: F-QR '� Contract Compliance Manager �Q By signing I acknowledge that I am the ti person responsible for the monitoring and U 2 administration of this contract, including ensuring all performance and reporting Mary J. Kayser * requirements. CitySecretary 7�EXP�S,� Janis&ariet Morales Janie Scarlett Morales(Syp 25,2019) M&C: Janie S Morales Date: Planning Manager City of Fort Worth, Texas Standard Completion Agreement-Self-Funded Revised 09. CFA Official Release Date: 07.01.2015 OFFICIAL RECORD Page 6 of 11 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 11 ATTACHMENT "1" 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 11 EXHIBIT A LEGAL DESCRIPTION DESCRIPTION BEING A TRACT OF LAND SITUATED IN THE G.T. WALTERS SURVEY,ABSTRACT NUMBER 1696, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING ALL OF THE THAT TRACT (REMAINDER) OF LAND DESCRIBED BY DEED TO CENTEX HOMES TEXAS RECORDED IN INSTRUMENT NUMBER D205313853, COUNTY RECORDS, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID CENTEX TRACT,BEING THE SOUTH CORNER OF LOT 134, BLOCK 8, THE PARKS AT BOAT CLUB,AN ADDITION TO THE CITY OF FORT WORTH RECORDED IN INSTRUMENT NUMBER D219040788, SAID COUNTY RECORDS,BEING THE SOUTHEAST CORNER OF LOT 134X, BLOCK 8, SAID THE PARKS AT BOAT CLUB AND BEING THE SOUTHWEST TERMINUS OF MOUNTAIN BLUFF DRIVE (A 60 FOOT RIGHT-OF-WAY); THENCE S 56057'17"E, 60.00 FEET, WITH SAID TERMINUS TO THE SOUTHEAST CORNER OF SAID CENTEX TRACT,BEING THE SOUTHEAST TERMINUS OF SAID MOUNTAIN BLUFF DRIVE,BEING THE MOST NORTHERLY CORNER OF LOT IX, BLOCK E, SAID THE PARKS AT BOAT CLUB (D219040788); THENCE WITH THE SOUTH LINE OF SAID CENTEX TRACT AND THE NORTH LINE OF SAID LOT IX, BLOCK E THE FOLLOWING COURSES AND DISTANCES: S 33001'27"W, 46.13 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 523.48 FEET, THROUGH A CENTRAL ANGLE OF 56035'27",HAVING A RADIUS OF 530.00 FEET, THE LONG CHORD WHICH BEARS S 61°19'11"W, 502.46 FEET; S 89°36'54"W, 85.58 FEET; S 44047'56"W, 14.19 FEET, TO THE SOUTHWEST CORNER OF SAID CENTEX TRACT, BEING THE MOST WESTERLY NORTHWEST CORNER OF SAID LOT 1X,BLOCK 6 AND BEING IN THE EAST LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO D.R. HORTON-TEXAS, LTD., RECORDED IN INSTRUMENT NUMBER D218247662, SAID COUNTY RECORDS; 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 11 THENCE N 00001'02"W, 70.00 FEET, WITH THE WEST LINE OF SAID CENTEX TRACT AND THE EAST LINE OF SAID D.R. HORTON TRACT TO THE NORTHWEST CORNER OF SAID CENTEX TRACT,BEING AN ELL CORNER IN THE EAST LINE OF SAID D.R.HORTON TRACT; THENCE N 89036'54"E,AT 10.00 FEET THE MOST SOUTHERLY SOUTHWEST CORNER OF AFOREMENTIONED LOT 134X, BLOCK 8, BEING AN ELL CORNER IN THE EAST LINE OF SAID D.R. HORTON TRACT, IN ALL 95.19 FEET TO THE COMMON NORTH LINE OF SAID CENTEX TRACT AND THE SOUTH LINE OF SAID LOT 134X, BLOCK 8, THE BEGINNING OF A CURVE TO THE LEFT, THENCE WITH SAID COMMON LINE AND CURVE TO THE LEFT, AN ARC DISTANCE OF 464.22 FEET, THROUGH A CENTRAL ANGLE OF 56-35-27", HAVING A RADIUS OF 470.00 FEET, THE LONG CHORD WHICH BEARS N 61.19'11"W,445.58 FEET; THENCE N 33001'27"E, 46.15 FEET, CONTINUING WITH SAID COMMON LINE TO THE POINT OF BEGINNING AND CONTAINING 38,173 SQUARE FEET OR 0.876 ACRES OF LAND MORE OR LESS.n> 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 11 EXHIBIT B APPROVED BUDGET Section I Water $0.00 Sewer $0.00 Sub-total $0.00 Section II Interior Streets $185,603.65 Storm Drains $26,092.50 Sub-total $211,696.15 Section III Street Lights $17,245.00 Sub-total $17,245.00 TOTAL $228,941.15 City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 11 of 11