HomeMy WebLinkAboutContract 53247 Received Date: 12/16/2019
Received Time:3:55 PM
Developer and Project Information Cover Sheet:
Developer per Company Name: LWilbow-Morningstar Development Corporation
Address, State,Zip Code: 4131 N. Central Expressway#990,Dallas,TX, 75204
Phone&Email: 817-235-5270,JRabon(a,Wilbowusa.com
Authorized Signatory,Title: Jennifer Rabon,Vice President of Development
Project Name: Morningstar Section 8 Phase 4
Brief Description: i Water, Sewer,Paving,Storm Drain, Street Lights
Project Location: FM 3325 Parker County
Plat Case Number: Plat Name: FP-19-036
T— --
Mapsco: Council District: 3
CFA Number: I CFA19-0078 City Project Number. 102117
OFFICIAL RECORD,
City of Fort Worth,Texas �I SE�RE��R�Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date:02.20.2017 T.
WORTH,TX i
Page 1 of 14
STANDARD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. 53247
WHEREAS, Wilbow-Morningstar Development Corporation, ("Developer"), desires to
make certain specific improvements as described below and on the exhibits attached hereto
("Improvements") related to a project generally described as Morningstar Section 8 Phase 4
("Project")within the City or the extraterritorial jurisdiction of Fprt 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�bject 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 ---
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4 OFFICIAL RECORD
CFA Official Release Date:02.20.2017
Page 2 of 14 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) ®, Street Lights & Signs
(C) ®.
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-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 3 of 14
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.
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-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 4 of 14
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-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 5 of 14
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-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 6 of 14
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-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 7 of 14
Cost Summary Sheet
Project Name: Morningstar Section 8 Phase 4
CFA No.: CFA19-0078 City Project No.: 102117
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 $ 210,128.25
2.Sewer Construction $ 119,868.70
Water and Sewer Construction Total $ 329,996.95
B. TPW Construction
1.Street $ 623,305.34
2.Storm Drain $ 331,609.25
3.Street Lights Installed by Developer $ 43,658.75
4. Signals $ -
TPW Construction Cost Total $ 998,573.34
Total Construction Cost(excluding the fees): $ 1,328,570.29
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 6,599.94
D. Water/Sewer Material Testing Fee(2%) $ 6,599.94
Sub-Total for Water Construction Fees $ 13,199.88
E. TPW Inspection Fee(4%) $ 38,196.58
F. TPW Material Testing(2%) $ 19,098.29
G. Street Light Inspsection Cost $ 1,746.35
H. Signals Inspection Cost $ -
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 59,041.22
Total Construction Fees: $ 72,241.10
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond= 100% $ 1,328,570.29
Completion Agreement=100%/Holds Plat $ 1,328,570.29 x
Cash Escrow Water/Sanity Sewer-125% $ 412,496.19
Cash Escrow Paving/Storm Drain=125% $ 1,248,216.68
Letter of Credit=125%w/2 r expiration period $ 1,660,712.86
City of Fort Worth,Texas
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 8 of 14
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
Wilbow-Morningstar Development Corporation
:vw& 2? T
Dana Bur¢hdoff(0 16,201d
Dana Burghdoff
Interim Assistant City Manager TennifcrRabon
Date: Dec 16,2019 Jennifer Rabon(Dec 10,2019)
Name: Jennifer Rabon
Recommended by: Title: Vice President of Development
Ever'r��Rd>7erfy- Date: Dec 10,2019
Evelyn frobens(Dec 12,2019)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
Approved as to Form &Legality: administration of this contract, including
ensuring all performance and reporting
requirements.
Richard A.McCracken(Dec 16,2019)
Richard A. McCracken Tonnhl�rEzyrnaok on bohalfof✓anle Morales
Assistant City Attorney Jennifer Ezernack on behalf of Janie Morales(Dec 16,2019)
M&C No. N/A Name: Janie Morales
Date: Title: Development Manager
Form 1295: N/A '
ATTEST:
L4tx sY er J
Mary Kayser(Dec 16,2019) :.�
Mary J. Kayser/Ronald Gonzales�. —
City Secretary/Assistant City Secretary
City of Fort Worth,Texas
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date:02.20.2017
Page 9 of 14
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-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 10 of 14
ATTACIEMENT"1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 102117
None.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 11 of 14
ATTACHMENT "2"
Phased CFA Provision
City Project No.
The improvements being constructed by Developer pursuant to this Agreement will
connect to improvements Developer is constructing under a separate Community Facilities
Agreement that have not been completed and accepted by the City. Therefore, this Agreement
shall be considered a"Phased CFA"and the provisions contained in this section shall apply to this
Agreement.
The improvements being constructed by Developer under the separate Community
Facilities Agreement shall be defined as the "Parent Project." The improvements being
constructed by Developer under this Agreement shall be defined as the "Child Project."
Developer acknowledges and agrees that due to Developer's election to construct a Phased
CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter
"Construction Problems"). Construction Problems may include, but are not limited to: failure of
the improvements to comply with the approved plans or City Specifications; failure of the
improvements in the Parent Project and the Child Project to properly connect to each other;
changes to the design or construction of the improvements in the Parent Project that impact the
design and construction of the improvements in the Child Project; construction delays, delay
claims, or claims for liquidated damages; increased costs for the Developer; failure of the
improvements to pass inspection or material testing; or rejection by the City of some or all of the
improvements and Developer having to remove and reconstruct the improvements at Developer's
expense. In addition, Developer understands and agrees that disputes may arise between
Developer's contractors or their subcontractors relating to responsibility for the Construction
Problems. Developer shall be solely responsible for resolving disputes between contractors or
disputes between contractors and subcontractors.
Developer further acknowledges and agrees that Developer has notified all of Developer's
contractors for the Project that Developer has elected to construct a Phased CFA, the provisions
of this section, the risks associated with a Phased CFA, and that the City shall not bear any
responsibility for Developer's decision to proceed with a Phased CFA.
Developer shall not make the final connection of the improvements in the Child Project to
the improvements in the Parent Project until the improvements in the Parent Project have been
constructed and accepted by the City and the City has consented to Developer making the
connection.
Developer agrees that if this Agreement is for improvements relating to the construction,
renovation or modification of one or more single family residential homes or structures, the City
will not record the plat related to the Project until the improvements are constructed and accepted
City of Fort Worth,Texas
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 12 of 14
by the City. Developer agrees that if this Agreement is for improvements relating to the
construction, renovation or modification of one or more commercial buildings or structures, the
Developer shall not receive a Certificate of Occupancy from the City for the building(s)related to
the Project until the improvements in this Agreement are constructed and accepted by the City.
Developer further understands and agrees that completion of the improvements under this
Agreement does not entitle Developer to obtain a final plat of the property until all other
requirements of Federal law, State law, or the City Code relating to the filing and recording of a
final plat have been met by Developer.
BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES
ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL
ECONOMICDAMA GES PROPERTYLOSS,PROPERTYDAMAGESANDPERSONAL
INJURY, (INCLUDING DEATH OFANYKIND OR CHARACTER, WHETHER REAL
OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES
CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT
LIMITED TOANYANDALL ECONOMICDAMAGES,PROPERTYLOSS,PROPERTY
DAMAGE AND PERSONAL INJURY(INCL UDING DEATI1)ARISING OUT OF OR IN
CONNECTION WITH,DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE
IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA.
DEVELOPER,AT ITS SOLE COSTAND EXPENSE,AGREES TO AND DOES HEREBY
INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S
OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR,
FROMANDAGAINSTANYANDALL CLAIMS(WHETHER ATLA W OR INEQUITI9,
LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES,
PROPERTYLOSS, PROPERTYDAIVIAGES AND PERSONAL INJURIES INCLUDING
DEATH LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND
EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS'
FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAYRELATED
TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO
CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE
IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA
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.
City of Fort Worth,Texas
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 13 of 14
DEVELOPER
Wilbow-Morningstar Development Corporation
Tennifer Rdbon
Jennifer Rabon(Dec 10,2019)
Name: Jennifer Rabon
Title: Vice President of Development
Date: Dec 10,2019
City of Fort Worth,Texas
Standard Community Facilities Agreement-Morningstar Section 8 Phase 4
CFA Official Release Date: 02.20.2017
Page 14 of 14
004243
D,V-StD PROPWAL
Page i or-
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM BIDS ITEMS 7/10/2019
4IOR'NINGSTAR-SECTION 8-P11ASE 4 CPN: 102117
UNIT PRICE BID Bidder's Application
Project Item infonnation Bidder's Proposal
t Is[ Specification Unit or Bid
Item Description session No. Measure Quantity Unit frier Bid Value
No.
UNIT I:WATER IMPROVEMENTS
i-I 331I.OI61 6"AVatcr Pipe 33 1112 Ll' i8 5-6.0u S463X0
1-2 3311.0261 8"Water Pipe 33 11 12 LF 3,351 $23.50 S95,503.50
1-3 3312.3002 6"Gate Valve 33 1220 EA 6 S350.00 S5,100.00
14 3312.3003 8"Gate Valve 33 12 20 EA 8 S950.00 S7,600.00
1-i 3312.0117 Connect.Io Existirig4"-1"'Water tifaini 33 11 15 FA 3 S154.00 $450.00
1.6 3312.000I Fire Hydrant 33 12 40 EA 6 S3,400,00 $20,400.00
1.7 DI 1.0001 Ductile Iron 1Vater Fittings 33 11 It 1.()N 2 S5,500.00 $I1.00G.00
1-7 3305.0109 TrenchSufely 33 03 11) LF 3,369 S0.75 S2,526.75
A 3312.2003 i"Water Service 33 12 10 EA 36 S780.00 S67,080.00
TOTAL UNIT I:WATER IMPROVEMENTS $210.128.25
� ► I
1
i
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCLVENTS-DEVELOPER AWARDED PROJECTS
Farm Vmivn Apt 2.2014 00 42 43-FWAL BID ITEMS-NORNIYGSTAR-SECTION 3 PHASE 4-2013361-14-07-10.19
• , ' 004143
DAP-B[D PROPOSAL
Pagc 2 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORA SIDS 1TE:VIS 7;1 D'_019
MORN INGSTAR-SECUOtN 8-PHASE d CPy: 102117
UNIT PRICE BID Bidder's Application
Project Item Information Riddcrs Proposal
15[ Spreifea[ion Unit of Bid
![em Description Section No, Measure Quantity Unit Price Bid Value
No.
UNIT 11: SANITARY SEWER)MPROVEMENTS
2-1 3331.41 li S"Sewer Pipe 33 3120 LF 1.735 S,3.50 S49,447.50
2-3 3331.4116 8"Sntver Pipe wICSB 3305 10 LF 89 556.00 S4.994.00
2-3 3305.01 16 8"Sewer Pipe w/Concrete Encasement 33 05 10 LF 20 556.00 SI,Z20.00
2-4 3305,01 14 Manhole Adjustment,Major w/Cover 33 05 14 EA I S 1,500.00 SI,300.00
2-5 3339.1001 4'Manhole 33 3920 EA 6 S3,600.00 S21,600.00
2-6 3339.1002 4'Drop Manhole 33 3920 EA I S6.000.00 S6,000.00
2-7 3339.1003 4'Extra Depth Manhoic 33 39 20 VF 19 $150-M) S?,890.00
3-8 3331.3101 4"Sewer Service,Ttvo-way cleanout 33 31 50 EA 51 34t0.00 $20,910.00
2-9 3301.0002 Po5[-CCTV Inspection 33 01 31. LF 1,344 S180 $5,163,20
2-10 3301.0101 Manhole Vacuum Testing 3301 30 EA 7 S150.00 SI,050.00
2-11 MUM Epoxy Manhole Liner 33 3960 VF 12 $200,00 S1.400.00
2-t33305,0109 Trench Safety 330510 LF 1,344 SIM $1,844.00
2-13 9999,0001 Connect to Existing Sanitary Sewer Alain 33 It t0 EA 1 51,000.00 S1,000.00
TOTAL UNIT 11:SANITARY SEWER IMPROVEMENTal $119,868.70
j
Crry OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Vcmion Apn1 2.2014 00 42 43-FINAL BID FTEMS-YIORNL\GSTAR-SECTION 3 PH.4SC 4-;0 1336H-1--07-10.19
004243
DAP-30)PROPOSAL
Page 3 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM SIDS ITEMS 7/101'_'019
SI0RNINGSTAR-SECTION S-PHASE 4 �P1: 102117
UNIT PRICE BID Bidder's Application
Projrcl Item Information Biddces Proposal
t't SpcciFcation Unit of Bid
Item 13es�cliplion Unit Price Bid Value
No Section No. ivleasure Quansiry
UNIT(ll: DRAINAGE IMPROVEMENTS
3-I 133ui.010 rTeach Satery 3305 t0 LF 1,371 SO.75 $1.028,25
3-2 3341.0602 60"RCP,Class III 3341 10 LF 277 S225.00 $62,325.00
3-3 3341,0409 43"RCP,Class 111 3341 10 LF $48 S150.00 5127,200.00
3-4 3341,0309 36"RCP,Class III 3341 I0 T.F 120 S 105.00 $12.600.00
3-5 3341.0205 24"RCP,Class HI 33 41 10 LF 403 372.00 $29,016.00
3.6 3349.01101 4'Sturm Junction Box 33.19 10 EA I S4,600.00 $4.600.00
3-6 9999.0010 4'Extra Depth Storm Manhole 33 3920 VF 7 S500.00 S3,500,00
3-7 3349.0003 5'Sturm Junction Box 33 49 10 EA 2 $5.800.00 $11.600.00
3-8 3349.0003 6'Storm Junction Box 33 49 10 FA 1 56,500.00 $6,500.00
3.9 3349.5002 15'Curb Inlet 33 49 20 EA 1 $5,800M S5,800.00
3-10 3349.5003 20'Curb Inlet 33 49 20 EA 7 $7,500.00 352,500.00
3-11 3349,4115 60"TXDOT 4:1 Type II SETP-C❑ 33 49 40 EA I S9,100.00 $9.100.00
3-12 3349,4109 36"T.UJO7"4:1 Type 11 SETP-CI) 33 49 40 EA I S3,800,00 $3,800.00
3-13 9999,0002 Medium Stone,Riprap,dry 31 3700 Sy 24 $85.00 S2,040.00
i
1
TOTAL UNIT Ill:DRAINAGE IMPROVEMENTS $333,609.25
I
i
CITY OF FORT WORTH
STANN DAR➢CONSTRUCTION SPECIF10,TIO,1 DOCUM ENTS-DEVELOP ER AWARDED PROIECfS
Form Vcrsian April_.'-0t4 004243-FIN AL BID rrEMS-MOR.VLNGSTAR-SECTIONSMN SE4-201336 H4-07-T0.19
00 4=43
DAP-BED PROPOSAL
Pose,or
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM BIDS ITENIS 7!10,12019
1 YIORNINGSTAR'-SECTION 8-PHASE a CPN: 102117
I UNIT PRICE BID Bidder's Application
f Project Item Information Bidder's Proposal
11 i Est
item Description Spc6 ication Unit or Hid
P Section No. MeasuTc Quantity unit Prise Bid Value
No,
Bid Summary
UNIT is WATER IMPROVEMENTS $210.128.25
UNIT II:SANITARY SEWER IMPROVEMENTS $119.868,70
UNIT III:DRAINAGE IMPROVEMENTS $331,609.25
UNIT IV:PAVING IMPROVEMENTS
UNIT V:STREET LIGHTING IMPROVEMENTS
Total Construction Bid $661,606.20
Contractor agrees to complete WORK for FINAL ACCEPTANCE within #days calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
END OF SECTION
I
CITY OF FORT WORTH
ST.Ati➢ARD CONSTRUCTION SPECIF1C.-MON DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Vcmion ApriI 12014 00 42 4�-FWAL BW ITEMS-10RNNGSTAR-SECTION 3 FRASE-1-201336H4.07•14.19
i 004241
DAP-HED PROPOSAL
Pagc 4 of 7
SECTION 00 42 43
Developer Awarded ProjeGls-PROPOSAL FORM BIDS ITEINIS 7/10/2019
MdRV I VGSTAR-SECTiON 8-PHASE 4 CPN. 1021I7
1 UNIT PRICE BID Bidder's Application
Project hem lnfotmalion Bidder's Proposal
Bidlisi
SpeciFrcation Unit of Bid
item Description Section No. Ialeasure Quantity Unit Price Bid Value
No.
UNIT IV:PAVING IMPROVEMENTS
4-1 3213.0101 6"L'unc 11:ux 32 13 13 SY 8,-124 $39.27 S322.386.48
4-2 3311,0501 6"Lime Treatment 32 1129 SY 8,972 S3.53 S22.699.16
4-3 3211.0400 Hydrate Lime 32 11 29 TN 134.57 $163,00 S22,607.76
4-4 9999.0001 7.5"Conc Pvmt 32 13 13 SY 4,456 S42,33 S 138.622.43
4-5 33 11.0502 8"Lime Trcat me nt 32 11 29 SY 4,746 S2.79 $13,241.34
4-6 3211.0400 Hydrate Lime 32 it 29 TN 94.96 S168.00 S15,953.2S
4-7 32t3,0301 5-WI,4"Concrete Sidawalk 32 13 20 SF 2,375 55.61 S13,323.75
4-8 3213,0501 Barrier Free Ramp-Type P-1 32 13 20 EA 10 $1.643,56 $16,435.60
4-9 3441-4003 Furnish&Install Ground Mount past wlStop& 3441 30 EA 3 S4,956.00
Directive Siens 5 k,65_.OiJ
4-10 9999.0004 Street Narne Plates For Street Inlersection 3441 30 EA 5 S321-55 S1,607.75
4-1 l 9999.0005 Instail Type III Street barricade(strcet dead ends) 313600 L.F 33 S33.73 S1,471.74
TOTAL UNIT IV:PAVING IMPROVEMENTS $623T305.34
i
CITY OF FORT WORTH
STmND%RD CONSTRUCTIOY SPECIFICATION DUCLIMEN'TS-DEVELOPER.AWARDED PROIECTS
Form Version April'.U 14 00 42 43-FINAL StD ISMS-.MORNINGSTAR-SECTION 8 PHASE 4•2013M144.01-10-19
' • 004243
D23-SID PROPOSAL
Page,of7
i
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM BIDS ITENIS 711012019
rMORNINGSTAR-SECTION 8-PHASE 4 CPN; IpZi 17
1
UNIT PRICE BID Bidder's Application
Project Rem Information Bidder's Proposal
111 Bidlist
Specification Unit of bid
Item Description Unit Price Sid Value
No, Section No, Measure Quantity
I
Bid Summary
UNIT I:WATER IMPROVEMENTS
UNIT II:SANITARY SEWER IMPROVEMENTS
UNIT III:DRAINAGE IMPROVEMENTS _
UNIT IV:PAVING IMPROVEMENTS $623,305.34
UNIT V:STREET LIGHTING IMPROVEMENTS
Total Construction Bid $623,305.34
}j
}
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 73 calendar days after the date when the
CONTRACT commences to run as provided In the General Conditions.
I
4
I
END OF SECT70N
1
i
}
CrrY OF FORT IVORTH
ST.i.V D.-1RD CO,FST RUCTION S P ECiF iCATION DOC UN ENTS-DE V ELM R.A W MWED PROJECTS
Form Version April 2,2014 00 J2 43-FNAL BID rrEMS-MOR NGSTAR-SECTION$PHASE 4-'_Ot336H4-07-Io-19
1
� r r
00 42 43
DA2-BID PROPOSAL
Page 5 nr7
SECTION 00 42 43
Deveioper Awarded Projects-PROPOSAL FORM SIDS ITEMS 7,1Oe2011t
M0H.NLNGSTAR-SECTION 8-P13ASE 4 CPN: 102117
1 UNIT PRICE BID Bidder's Application
Project item Inrormatinn Bfdders Proposal
Bidliv
Specification Unit of Bid Item Description Specification
No. Measure Quantity Unit Price Sid Value
Iva.
UNIT V:STREET LIGHTING IMPROVEMENTS
5.1 9999-0000 Install Helophane-Columbia Aluminum Peie, 3411?0 EA 20 $550.00 $1 1,000,00
Wash in¢ton-14-3'Lumina ira WFCL2-070HQ-30K-AS-13K-L5-
5-2 3441.3001 Furnishlinstall Rdwy€11um Foundation TY 7 3441 20 EA 20 S900.00 SI8,000.00
5-3 2605,3015 Fumishllnsto112 inch Conduit PVC SCH 80(T) 26 05 33 LF 1303 S9.00 $11,727.00
54 3441-3401 Ftunisldtnstal11110 Copper Electric Conductor 34 41 10 LF 1303 S2,251 S2.931.75
Note: Tri-County Electric is providing item 5-1 for the
TOTAL UNIT V:STREET LIGHTING IMPRCVE.;NTS $43.658.75
1
1
I
4
I
CITY OF FORT WORTH
STANDARLD CONSTRUCTION SPECIFICATION DOCUNMINTS-DEVELOPER A%V.UWED PROTECTS
Form Venwn April 2.2014 00 42 43-FINAL Bm ITEMS-71t]-NTNOST-aR-SECTION 8 PHASE 4.201336H4.07-t0.19
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STREET/STORM DRAIN NO. W-2633
SECTION 8, PHASE 4 CITY PROJECT NO. 102117
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WATER NO. 56008-0600430-102117-001550
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M OR N I N GSTAR STREET/STORM DRAIN NO. W-2633
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WATER NO. 56008-0600430-102117-001580
PAVING IMPROVEMENTS SEWER NO. 56008-0700430-102117-001380
M OR N I N GSTAR STREET/STORM DRAIN NO. W-2633
SECTION 8, PHASE 4 X-ITY 2599OJECT NO. 102117
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WATER NO. 56008-0600430-102117-001580
STORM DRAIN IMPROVEMENTS SEWER NO. 56 008-0700430-1 021 1 7-001 380
M O R N I N G S TA R STREET/STORM DRAIN NO. W-2633
CITY PROJECT NO. 102117
SECTION 8, PHASE 4 x-25993
WELCH ENGINEERi-,-TG, INC.
CONSULTING ENGINEERS OCT08ER 4, 2019
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EXHIBIT "C" IPRC NO. 19-0112
WATER NO. 56008-0600430-102117-001580
STREET LIGHTS SEWER NO. 56008-0700430-102117-001380
M O R N I N GS TA R STREET/STORM DRAIN NO. W-2633
CITY PROJECT NO. 102117
SECTION 8, PHASE 4 x-25993
WELCH ENGINEERi-,-TG, I Nc.
CONSULTING ENGINEERS OCTOBER 4, 2019
COMPLETION AGREEMENT—LENDER FUNDED
This Completion Agreement("Agreement)is made and entered into by and among the City
of Fort Worth ("City"), and WILBOW-MORNINGSTAR DEVELOPMENT
CORPORATION, a Texas Corporation ("Developer"), and SOUTHSIDE 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 15.217 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 18-141 or FS<Number>; and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development of MORNINGSTAR DEVELOPMENT—SECTION 8,
PHASE 4, ("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.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 1 of 14
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
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 THREE HUNDRED TWENTY EIGHT THOUSAND FIVE HUNDRED
SEVENTYAND TWENTY-NINE CENTS,($1,328,570.29),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 "Loan") 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
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 2 of 14
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
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 Ci 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.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 3 of 14
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
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
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 4 of 14
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.
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 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.
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.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 5 of 14
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 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:
WILBOW-MORNINGSTAR DEVELOPMENT CORPORATION
5307 E. MOCKINGBIRD LANE, SUITE 900
DALLAS,TEXAS 75206
Lawrence A. Corson
Email: Icorson@wilbowusa.com
(iii) Notice to the Lender shall be addressed and delivered as follows:
SOUTHSIDE BANK
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 6 of 14
1320 S. UNIVERSITY DRIVE, SUITE 401
FORT WORTH,TEXAS 76107
MARK CUNDIFF
Email: mark.cundiff@southside.com
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 Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 7 of 14
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:
WILBOW-MORNINGSTAR
DEVELOPMENT CORPORATION
oar 4
Dana doff(D 16,201
Dana Burghdoff ��.�„o. � ,ey �1 �
Interim Assistant City Manager Lawrence A Corson(Dec 10,2019) _-
Name: LAWRENCE A. CORSON
Title: CO-PRESIDENT
Date: Dec 16,2019
Approved as to Form and Legality: Date: Dec 10,2019
LENDER:
SOUTHSIDE BANK
Richard A.McCracken(Dec 16,2019)
Richard A.McCracken
Assistant City Attorney Awk A at, ���'11'
Mark W.Cundiff(Dec 12,2019)
ATTEST: Name: MARK CUNDIFF
F Q R T Title: EXECUTIVE VICE PRESIDENT
L% %7P
M ""Yy�V��-- 4 Kayser _� Contract Compliance Manger
Mary yser(Dec 16 2019)
Mary J. Kayser ;' By signing I acknowledge that I am the
City Secretary5 person responsible for the monitoring and
administration of this contract,including
M&C: ensuring all performance and reporting
Date: requirements.
.Tenn% -rCzerhaGK on behalf ofTAnia Moralessan behalf ofTania Morales
Jennifer Ezernack on behalf of Janie Morales(Dec 16,2019)
Janie S. Morales
Development Manager
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 8 of 14
OFFICIAL iRECORD
CITY SECRETARY
FT WORTH, TX
LAWRENCE A. CORSON, the Guarantor of the Development Loan, is executing this
Completion Agreement for the sole purpose of acknowledging that advances that are made by the
Lenderpursuant 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 LAWRENCE A. CORSON.
GUARANTOR
By: Lawrence A Corson(Dec 10,2019)
Name: LAWRENCE A. CORSON
Title: CO-PRESIDENT
OFFICIAL RECORD
CITY SECRETARY
FT.(NORTH,TX
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date:07.01.2015
Page 9 of 14
List of Exhibits to the Completion Agreement
Attachment 1 —Changes to the Standard Completion Agreement
Exhibit A- Legal Description
Exhibit B - Approved Budget
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 10 of 14
ATTACHMENT"1"
Changes to Standard Completion Agreement
None
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 11 of 14
EXHIBIT A
Section 8-3: Being a tract of land out of the P. J. McClary Survey, Abstract No. 907, and situated
in Parker County,Texas, being surveyed by Miller Surveying, Inc. of Hurst,Texas in April of
2019, said tract being a portion of the same tract of land described in the deed to Wilbow-
Morningstar Development Corporation described in Correction Deed recorded as Document
No. 2015-26673 in the Deed Records of Parker County,Texas, and being more particularly
described by metes and bounds as follows:
Beginning at a 1/2 inch "MILLER 5665" capped steel rod found for the southeast corner of Lot 9,
Block 73, Morningstar, an addition to Parker County,Texas according to the plat thereof
recorded in Cabinet D, Slide 656 of the Plat Records of said County, said rod being in the
northerly right-of-way line of Chipwood Drive;
Thence North 07 degrees 06 minutes 11 seconds West with the easterly boundary line of said
Lot 19 a distance of 120.00 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the
northeast corner thereof;
Thence South 82 degrees 53 minutes 49 seconds West a distance of 103.99 feet to a 1/2 inch
"MILLER 5665" capped steel rod found for the northeast corner of Lot 21 of said Block 73;
Thence North 81 degrees 02 minutes 42 seconds West with the northerly boundary line of said
Lot 21 a distance of 41.55 feet to a 1/2 inch "MILLER 5665" capped steel rod found for the
northwest corner thereof, said rod being the beginning of a curve to the left with a radius of
1040.00 feet and whose chord bears North 00 degrees 54 minutes 11 seconds East at 291.35
feet;
Thence northerly with said curve along an arc length of 292.31 feet and through a central angle
of 16 degrees 06 minutes 14 seconds to a 1/2 inch "MILLER 5665" capped steel rod set;
Thence North 82 degrees 53 minutes 49 seconds East a distance of 698.21 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 07 degrees 06 minutes 11 seconds East a distance of 180.00 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 82 degrees 53 minutes 49 seconds West a distance of 3.68 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 07 degrees 06 minutes 11 seconds East a distance of 120.00 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 12 of 14
Thence North 82 degrees 53 minutes 49 seconds East a distance of 233.18 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence North 88 degrees 47 minutes 31 seconds East a distance of 614.96 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 01 degrees 12 minutes 29 seconds East a distance of 40.00 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence North 88 degrees 47 minutes 31 seconds East a distance of 160.66 feet to a 1/2 inch
"MILLER 5665" capped steel rod set in the easterly boundary line of said Wilbow tract from
which a 1/2 inch "MILLER 5665" capped steel rod found for the northeast corner thereof bears
North 01 degrees 13 minutes 18 seconds West at 532.38 feet;
Thence South 01 degrees 13 minutes 18 seconds East with said westerly boundary line a
distance of 250.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set;
Thence South 88 degrees 47 minutes 31 seconds West a distance of 725.48 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 85 degrees 15 minutes 59 seconds West a distance of 87.61 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 82 degrees 53 minutes 49 seconds West a distance of 735.79 feet to a 1/2 inch
"MILLER 5665" capped steel rod found for the southeast corner of Lot 1, Block 72 of said
addition;
Thence North 07 degrees 06 minutes 11 seconds West a distance of 170.00 feet to a 1/2 inch
"MILLER 5665" capped steel rod set in said northerly right-of-way line of Chipwood Drive;
Thence South 82 degrees 53 minutes 49 seconds West a distance of 21.19 feet to the point of
beginning and containing 15.2172 acres of land, more or less.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 JLE
CFA Official Release Date: 07.01.2015
Page 13 of 14
EXHIBIT B
APPROVED BUDGET
Section I
Water $210,128.25
Sewer $119,868.70
Subtotal $329,996.95
Section II
Interior Streets $623,305.34
Storm Drains $331,609.25
Subtotal $954,914.59
Section III
Street Lights $43,658.75
Sub-total $43,658.75
TOTAL $1,328,570.29
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded Revised 09.07.2017 ME
CFA Official Release Date: 07.01.2015
Page 14 of 14