HomeMy WebLinkAboutContract 55840Received Date: 06/14/2021
Received'I�me: 4:21 pm
Developer and Pro ject Information Cover Sheet:
Developer Company Name: CRP/CHI DOWNING OWNER, L.P.,
Address, State, Zip Code: 3819 Maple Avenue, Dallas, TX 75219
Phone & Email: 214-661-8341, wmundinger@chindustrial.com
Authorized Signatory, Title: William G. Mundinger III , Vice President
Project Name:
Brief Description:
Project Location:
Plat Case Number
Downing Drive
Water, Sewer, Paving and Street Lights
Downing Drive & I-35 Frontage Road
None
Mapsco:
CFA Number: CFA21-0039
Plat Name: None
Council District: 2
City Project Number: , 03290
City of Fort Worth, Texas
StandardCommunity Facilities Agreement
Rev.10/5/19 [NPC]
�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 55840
STANDARD COMMLJNITY FACILITIES AGREEMENT
This COMMLINIT'Y FACILITIES AGREEMENT ("Agreement") is made and entered into by
and between The City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and CRP/CHI DOW1vING OWNER,
L.P., a Delaware limited partnership ("Developer"), acting by and through its duly authorized
representative. City and Developer are referred to herein individually as a"party" and collectively as the
"parties."
WHEREAS, Developer is constructing private improvements or subdividing land within the
corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as
Downing Drive ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as acondition ofapproval ofthe Project, Developer is requiredto meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement.; and
WHEREAS, the City is not participating in the cost of the Improvements or Project; and
WHEREAS, the Developer and the City desire to enter into this 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:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance") effective 6/1/19 as
amended, is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer
agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and
obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the
CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the
terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been accepted by the City ("Engineering
Plans") are incorporatedinto this Agreement byreference as if fully set out herein. Developer shallprovide
City of Fort Worth, Texas
StandardCommunity Facilities Agreement
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Fxhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
� Exhibit A: Water
� Exhibit A-1: Sew er
� Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
� Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall controL If applicable, Attachment 1—
Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and
Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements
Developer agrees to c aus e the c onstruction of the Improvements c ontemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance whh
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, andthis Agreement. Developer acknowledges that City will not acceptthe Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee").
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Estension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
City of Fort Worth, Texas Page 3 of 17
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If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreedto in writingby the City and the Developer as set forth in a written amendmentto this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City.
(b) 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 construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement and does not cure said breach within reasonable time after written notice
from the City, becomes insolvent, or fails to pay costs of construction.
(c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
(d) Nothing contained herein is intended to limit the Developer's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b) Developer will employ construction contractors who meet the requirements ofthe City to construct
the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to
construct the Improvements in the City.
City of Fort Worth, Texas Page 4 of 17
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(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds nammg the City and the Developer as dual obligees, m the amount of one hundred perce�t
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the City with a maintenance bond naming the City as an oblige, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with 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 must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider, which shallbe made a part of the Project Manual.
(e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(� Developer will not allow Developer's contractors to begin construction of the Improvements unt�1
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. 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 Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
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12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIF'Y, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIF7CATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIF'Y, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTSAND EMPLOYEES FROMALL SUITS, ACTIONS OR CLAIMS OF
ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SZISTAINED BYANYPERSONS, INCL UDING DEATH,
OR TD ANY PROPERTY, RESULTING FROM OR IN CONNECTIDN 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 CONSEQZIENCE OF ANY FAIL URE TO
PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERYANTS, OR EMPLOYEES.
(c) DEVELOPER YT'ILL REQUIRE ITS CONTRACTORS TO INDEMNIF'Y, 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, BRDUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TD PERSONS OR PROPERTY,
INCL UDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS 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, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, PREE FKOM DEFECTS, IN CONFORMANCE WITH THE CPA ORDINANCE,
AND IN ACCORDANCE WITH ALL PLANS AND SPECIF'ICATIDNS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the consiruction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered 'mto by Developer with its
c ontractors, along with an as signment of all warranties given by the contractors, whether express or implied
Further, Developer agrees that all contracts with any contractor shallinclude provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
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14.
Fstimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing servicefees, construction inspection servicefees, andwatertestinglab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimatedpayments madeby the Developer,
the Developer must pay the differenc e to the City before the Improvements w ill be acc epted by the City. If
the actual costs ofthe fees areless thantheestimatedpayments madebythe Developer, theCitywillrefund
the differenc e to the Developer. If the differencebetween the actual costs andthe estimated payments made
bythe Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the Crty
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laborataries. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The Ciry
will obtain proof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to suchparty at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY:
Development Coordination Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
City of Fort Worth, Texas Page 7 of 17
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Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
CRP/CHI DOWNING OWNER, L.P
3819 Maple Avenue
Dallas, Texas 75219
Attn: William G. Mundinger, III
With a copy to:
Winstead PC
500 Winstead Building
2728 N. Harwood Street
Dallas, Texas 75201
Attn: Greg A. Zimmerman, Esq.
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions ofthis section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate wark space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
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18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and wark performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
supe�^ior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waive r
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
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23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clanse or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
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 with 10 or more full-time employees
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City 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 term "boycott Israel" bas
the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has
the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter
2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer
certifies that Developer's signature provides writtenverification to the City that Developer: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of this Agreement.
26.
Immigration and Nationality Act
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 INDEMNIF'Y CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILTIIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPEI�
DEVELOPER'SEMPLOYEES, SUBCONTRACTORS,AGENTS, ORLICENSEES. City, uponwritten
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
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27.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
28.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under tl�
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
29.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
30.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
31.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
32.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
origmal, but which together will constitute one mstrument.
33.
Fntire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the wark to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
City of Fort Worth, Texas Page ll of 17
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be void.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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Project Name: Downing Drive Industrial
CFA No.: CFA21-0039
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
Total Construction Cost (excluding the fees):
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. WaterTesting Lab Fee
Total Estimated Construction Fees:
Financial Guarantee Options, choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125%
34.
Cost Summary Sheet
City Project No.: 103290
Developer's Cost
$ 38,260.00
$ 3,200.00
$ 41,460.00
$ 111,595.00
$ 52,650.00
$ -
$ 164,245.00
$ 205,705.00
$31,250.00
$1,617.00
$150.00
$ 33,017.00
Choice
Amount
205,705.00
205,705.00
51, 825.00
205,306.25
257.131.25
x
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IN WITNE.SS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
��� 3�24i���
Dana Burghdoff (Jun 11, 20 1333 CDT
Dana Burghdoff
Assistant City Manager
Date: � u n 11, 2021
Recommended by:
rl1/�
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Evelyn Robei s(Jun 9, 202110:14 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Fo�n & Legality.•
��
Rlchard A. Mdracken (Jun lQ 202113:49 CDT)
Richard A. McCracken
Sr. Assistant �ity Attorney
M&C No. �A
Date:
Form 1295: _
ATTEST:
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Mary J. Kayser/ Ronald Gonzales
City Secretary / Assistant City Secretary
City of Fort Worth, Texas
StandardCommunity Facilities Agreement
Rev.10/5/19 [NPC]
�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DEVELOPER:
CRP/CHI DOWNING OWNER, L.P.,
a Delaware limited partnership
By: CRP/CHI Downing GP, L.L.C.,
a Delaware limited liability company,
its general partner
By: CRP/CHI Downing Venture, L.L.C.,
A Delaware limited liability company,
its sole member
By: CHI North Texas 108 Downing, L.P.,
a Delaware partnership,
its administrative member
By: CHI Development GP, L.L.C.,
a Delaware lnnited liability company,
its general partner
Yv'iGG �t�cuc�Ji�e�
B`J: WillMund'inger(Jun9,7 109:49CDT)
>
William G. Mund'mger, III
Vice President
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, mcluding
ensuring all performance and reporting
requirements .
Tqvrie s�A�1e�'t� Morqles
Janle Scarlett Morales (Jun 1Q 202113:13 CDT)
Name: Janie Scarlett Morales
Title: Development Manager
City of Fort Worth, Texas
StandardCommunity Facilities Agreement
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�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
� Attachment 1- Changes to Standard Community Facilities Agreement
❑ Attachment 2— Phased CFA Provisions
❑ Attachment 3— Concurrent CFA Provisions
❑X Location Map
❑ Exhibit A: Water Improvements
❑ Exhibit A-1: Sewer Improvements
� Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
� Exhibit C: Street Lights and Signs Improvements
� Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 16 of 17
StandardCommunity Facilities Agreement
Rev.10/5/19 [NPC]
ATTACHMINT "1"
Changes to Standard Community Facilities Agreement
City Project No. 103290
None
City of Fort Worth, Texas Page 17 of 17
StandardCommunity Facilities Agreement
Rev.10/5/19 [NPC]
ao a� a3
DAP SIp PROPOSAL
Psye I o[3
SECT1dN 00 42 43
Oeveloper Awarded Prajects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Itees Iaformetioa Biddels Proposai
Bidlist Itcm Specificarioa Uoit of Bid
No. ���pUOn Section No. Measure Quantity Unit Price Bid Vatue
UNIT I: WATER IMPROVEMENTS
1 0241.151a Salvage Fire HydrBnt 02 41 14 EA 2 $55U.00 $1,100.00
2 3305.0111 Va1ve BoxAdjustment 33 05 14 EA 4 $280.00 $1,120.00
3 3311.Oifi1 6" PVC Water Pipe 33 i 1 12 LF 12 $20.00 a240.00
4 33i2.2203 2" Water 5ervice 33 72 10 EA 4 $2,75D.00 $11,000.00
5 3312.30U2 6" Gate Valve 33 12 20 EA 2 $1,000.40 $2,000.00
fi 3312.0117 Connection to Ex. 12" Water Main 33 12 25 EA 2 $7,500.00 $15,OOQ.00
7 3312.0001 Fire H drant 33 12 4Q EA 2 3 900.00 7 800.00
TOTAL UNIT 1: WATER IMPRQVEMENTS $38,2fi0.00
CRY QF FORT WORTH
STANDARD CONSTRULTION 5PECSF[CAT'ION DOCITMENI'S - D�LOPFR AWARLED P0.0lECCS
Fmm Vcaion Mry 22, 2019 00 42 43 Bid Aoposal DAP
00 42 41
DAP - Bm PROP0.SAL
Pa�e 2 of 5
secnoN oo as as
developer Awarded Projects - PRpPQSAL FORM
UNIT PRICE BID
Bidder's Application
Projet[ Item infoimadou Biddets Proposal
Sidlist [tem Specification Uoit of Bid
No. Destriptiou $echon PIo. Measure Quantity U�t Price Bid Value
UNIT 11: SANITARY SEWER IMPROVEMENTS
1 0241.2001 Sanitary Line Grouting 02 41 i4 CY 1 $8D0.00 $800.00
2 3305.1003 20" Casing By Open Cut 33 p5 22 LF 16 150.00 $2 400.06
TOTAL UNIT II: SANlTARY S�IfYER IMPRONEMENTS $3,200.00
CITY OF FORT WORTH
STMl�ARD CONS'i'RUCTI6N SPFCffICATtON DOC[7MENT5 b6VEtOPER AWpRpE� PROJECfS
Potm Vcraion Mry 22, 2019 00 4d 43 Bid Proposal DAP
0o aa es
DAP-BIDPROPOSAL
Pa�e 3 of 3
secnoN oo az as
Develaper Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Pro}at toea, Inrnrmaaon a�aaer's ecoposa�
9idlis� [tem SpeciScatioa Unit of 8id
No. Description Sactioa No. M�asure (���p�y Uait Price Bid Value
UN1T IV: PAVING IMPROVEMENTS
1 a241.7300 Remove Concrete Curb and Gutter 02 49 15 LF 874 $7.50 $6,555.00
2 3213.0301 4" Concrete Sidewafk 32 13 20 SY 1110 $50.00 $55,500.00
3 3213.0402 7" Concrete Driveway 32 13 20 SF 5B50 $5.50 $32,175.00
4 3213.0506 Berrier Free Ramp, Type P-1 32 13 20 EA 12 $230.00 $2,760.00
5 3z16.0101 6" Concrete Curb and Gutter 32 16 13 LF 348 $15.00 $5,220.00
6 3291.0100 Topsoil 32 91 19 CY 229 $35.00 $8,015.00
7 3292.0400 Seedin , Hydromulch 32 92 13 SY 685 $2.D0 1 370.00
TOTAL UNIT IV: PAVING IMPROVEMEN7S $171,595.00
CITYOFFORT WOR'fH
STANDARD CONSTRUCTION SPEC�ICATfON DOC[1MENT5 �EVEfAPER pWARpED PROlEClS
Foim Vmion Mry 22, 2019 0042 43 Bid Anposal_DAP
00/2 q3
DAP - Hlp pROPOSAL
PeQe 4 of S
sEcnoN ao az aa
Developer Awarded Projects - PROPOSAL FORM
UNIT PRiCE BID
Bidder's Application
Pro�ect Ium Infarmatiun Hiddars Propvsal
Sidlist Item Specificatioa Unit of Bid
No. �npbO° Section No. Measure Qusntity Unit Price Bid Value
UNIT V: STREET LIGH7ING IMPROVEMENTS
1 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 6648 $3.00 $19,944.00
2 3444.1501 Ground 6ox Type B 34 41 10 EA 7 $700.00 $4,900.00
3 3441.1772 Fumishllnstall 240-480 Volt Single Phase � 41 20 EA 1 $6,500.00 $6,500.00
Transocket Metered Pedestal
4 Rdwy 111um Assm6ly TY 18, 18A, 19, and D-4D 34 14 20 EA 11 $2,350.00 $25,850.00
5 R Iflum Foundation TY 3, 5, 6, and 8 34 41 20 F11 11 1 400.00 15 400.00
TOTAL UNIT V: � LI G IMPROVEMEN $52,650.00
C(fY OF FDRT WORTH
STANDARD CON57RUCT[pN SpECQ�'ICATION DOCUMENTS - UEVELOPER AWAR�FD PROlF.CTS
Forta Yusion May ]7, 2019 0042 43 Sid Pmpo�a! DAP
00 42 43
UAP-BIDPROAOSAL
P+�e 3 oi S
sEcnoN oa az aa
Develaper Arvarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project tum Informatian Bidder's Proposal
B=�� I� Descti hon 5peciStatiou Unit of 8id
No. p SxNon No. Measure �u�h�y Unit Pria Bid Value
Bld 5ummary
UNIT I: WA7�R IMPROVEMENTS
UNIT !1: SANITARY SEWER IMPROVEMENTS
UNIT IV: PAYING IMPROVEMEN7S
UN1T V: S7REET IIGMTING IMPROVEMENTS
TotaF CoastrucHoo
This Bid is aubmitted by the entity named below:
BIDDER:
RIdgemont Commescial Coastracdon
lSZQ W Walout HiLL Lane
Irving, Te�as 7i038
ContrActor agrees to complete WORK for FINAI. ACCEPTANCE wlthin
CONTRACT commences to run aa pror[ded in the Geaeral Coaditloas.
BY: Kevla MezQer
iZ
��
'fITLE: D' etor af Relail & utomorive/Priuclpal
bATE: 9/2D21
END dF SECT[ON
CffY QF FORT WORTH
STN4DARO CONSTRUCTION SPECffICAT10N DpC[7MEN1'S - DE VELOYER AWAADED PROl8CT5
Form Vcrtion May 22, 2019
180 worldng dsya after the date when tLe
705.Oa
00 42 43 Bid Praposa!_OAp
$38,260.pp
$3 200.00
111,595.00
$52,650.00
LOCATION MAP
MAPSCO NO. 49T (p. 1049)
CITY PROJECT NO. 103290
o �000� z000�
GRAPHIC SCALE - 1 "=1000'
N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY:
��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM
EXHIBIT A.01 - WATER IMPROVEMENTS
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; PRIVATE 10"
. WATER LINE
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LEGEND:
PROPOSED WATER
EXISTING WATER
0 200' 400'
GRAPHIC SCALB - 7 "=200'
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PRNATE 10" _. . , .. — OHE —
WATER LINE
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BUILDING 1
292,5�6 SF
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WATER LINE
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N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY:
��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM
EXHIBIT A.02 - WATER IMPROVEMENTS
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- '-` �� WATER LINE
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,a.ounurvensemervr WATER LINE
�— _
LEGEND
PROPOSED WATER
EXISTING WATER
0 200' 400'
GRAPHIC SCALB - 7 "=200'
� o ���� , � �;
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aPA.rc.r. � .
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N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY:
��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM
EXHIBIT A1 - SEWER IMPROVEMENTS
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BUILDING 2 �� �
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PROPOSED 8"
SEWER I
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MENT� ENCASEMENT �
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A��� SAN ITARY
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LEGEND:
PROPOSED SEWER
EXISTING SEWER
0 200' 400'
GRAPHIC SCALB - 7 "=200'
N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY:
��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM
EXHIBIT B.01 - PAVING IMPROVEMENTS
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LEGEND:
PROPOSED SIDEWALK �
PROPOSED DRIVEWAY
PROPOSED CURB AND GUTTER XXX
REMOVAL
0 200' 400'
GRAPHIC SCALE - 1 "=200'
EXHIBIT B.02 - PAVING IMPROVEMENTS
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LEGEND:
PROPOSED SIDEWALK
PROPOSED DRIVEWAY
PROPOSED CURB AND GUTTER
REMOVAL
0 200' 400'
GRAPHIC SCALE - 1 "=200'
-
OHE OHE —
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BUILDING 2 �
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N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY:
��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° D TE: 03/�f$ff2fl4/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM
EXHIBIT C1.01 — STREET LIGHT IMPROVEMENTS
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LEGEND:
�: PRaPoseo ucHr Po�e
m PROPOSED GROUND BOX
PROPOSED CONDUIT
� EXISTING LIGHT POLE
� PROPOSED METER
PEDESTAL
0 200' 400'
GRAPHIC SCALE - I "=200'
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��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM
OHE — — — — OHE
— OHE — — — — — OHE — E — — — --
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EXHIBIT C1.02 - STREET LIGHT IMPROVEMENTS
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LEGEND:
q; PROPosEo ucHT Po�E
a PROPOSED GROUND BOX
PROPOSED CONDUIT
� EXISTING LIGHT POLE
� PROPOSED METER
PEDESTAL
0 200' 400'
GRAPHIC SCALB - 7 "=200'
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N ■■ DOWNING DRIVE INDUSTRIAL OWNED/DEVELOPED BY:
��� HALFF FORTWORTH,TEXAS CROW HOLDINGS INDUSTRIAL
CONTACL BRAD COOPER
3819 MAPLE AVENUE
4000 FOSSIL CREEK BLVD
F°RTW°RT",TE""S'6,3'-2'2° DATE: 04/26/2021 AVO: 38747 oA��As' TX �5z,9
TEL(817)8474a22 TEC (214) 661-5094
TBPEFIRM#F-312 EMAIL: BCOOPER@CHINDUSTRIAL.COM