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HomeMy WebLinkAboutContract 56654 Received Date: Nov 15,2021 Received Time: 2:33 pm Developer and Project Information Cover Sheet: Developer Company Name: Meritage Homes of Texas,LLC Address, State,Zip Code: 8840 Cypress Waters Blvd., Suite 100 Dallas,Texas 75019 Phone &Email: (972)972 -580-6300, David.Au hig nbaugh(c)meritagehomes.com Authorized Signatory,Title: David Aughinbaugh,Division Vice President Project Name: Northstar Section 2 Phase 3 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: South of Northstar Parkway Plat Case Number: Not Provided Plat Name: Northstar Section 2 Phase 3 Mapsco: Not Provided Council District: 7 CFA Number: CFA21-0116 City Project Number: 103319 1 IPRC21-0048 OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Standard Community Facilities Agreement Rev.9/21 City Contract Number: 56654 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY 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 Meritage Homes of Texas, LLC ("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 Northstar Section 2 Phase 3 ("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 a condition of approval of the Project,Developer is required to 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"),as amended,is incorporated into this Agreement by reference, as if it was fully set out 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 City of Fort Worth,Texas Page 2 of 21 Standard Community Facilities Agreement Rev.9/21 connection with the work performed by the contractors. If a conflict exists 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 approved by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide 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; Exhibits 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: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ❑X Exhibit B: Paving ❑X Exhibit B-1: Storm Drain ❑X 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 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 specifications, the Engineering Plans, the Cost Estimates provided for the Improvements,and this Agreement. Developer acknowledges that City will not accept the 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 City of Fort Worth,Texas Page 3 of 21 Standard Community Facilities Agreement Rev.9/21 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension 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"). 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 agreed to in writing by the City and the Developer as set forth in a written amendment to 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,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. City of Fort Worth,Texas Page 4 of 21 Standard Community Facilities Agreement Rev.9/21 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 of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (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 obligee, 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 shall be 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. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until 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 City of Fort Worth,Texas Page 5 of 21 Standard Community Facilities Agreement Rev.9/21 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. II. 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. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, 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 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 ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED B YANY PERSONS,INCL UDING 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 PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES,DEATH OR DAMAGESARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL 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 INANY 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, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. City of Fort Worth,Texas Page 6 of 21 Standard Community Facilities Agreement Rev.9/21 13. Right to Enforce Contracts 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 Developer with its contractors,along with an assignment of all warranties given by the contractors,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 parry beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees,and water testing lab 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 estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer.If the difference between the actual costs and the estimated payments made by the 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 City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. 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 City 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 such party 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: DEVELOPER: Development Coordination Office Meritage Homes of Texas, LLC City of Fort Worth 8840 Cypress Waters Blvd, Suite 100 200 Texas Street Dallas, Texas 75019 Fort Worth, Texas 76102 City of Fort Worth,Texas Page 7 of 21 Standard Community Facilities Agreement Rev.9/21 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 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 of this 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 work 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. 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 work 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 superior shall not apply as between the City and its officers, representatives, agents, servants and City of Fort Worth,Texas Page 8 of 21 Standard Community Facilities Agreement Rev.9/21 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-Waiver 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. 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 clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City of Fort Worth,Texas Page 9 of 21 Standard Community Facilities Agreement Rev.9/21 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 2271 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 terms "boycott Israel" and"company"have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement,by signing this Agreement, 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 this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm City of Fort Worth,Texas Page 10 of 21 Standard Community Facilities Agreement Rev.9/21 entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. 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 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES,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. 29. 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. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this 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. 31. 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. 32. 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. City of Fort Worth,Texas Page 11 of 21 Standard Community Facilities Agreement Rev.9/21 33. 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. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 12 of 21 Standard Community Facilities Agreement Rev.9/21 36. Cost Summary Sheet Pro]ect Name:Northstar Section 2 Phase 3 CFA No.: CFA21-0116 City Project No.: 103319 IPRC No.: IPRC21-0048 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 379,490.00 2. Sewer Construction $ 328,735.00 Water and Sevver Construction Total $ 708,225.00 B. TPW Construction 1. Street $ 595,092.17 2. Storm Drain $ 215,568.00 3. Street Lights Installed by Developer $ 132,993.96 4. Signals $ - TPW Construction Cost Total $ 943,654.13 Total Construction Cost(excluding the fees): $ 1,661,879.13 Estimated Construction Fees: C. Construction Inspection Service Fee $47,000.00 D. Administrative Material Testing Service Fee $12,446.00 E. Water Testing Lab Fee $600.00 Total Estimated Construction Fees: $ 60,046.00 Choice Financial Guarantee Options,choose one Amount Mark one Bond = 100% $ 1,651,879.13 Completion Agreement= 100%/Holds Plat $ 1,651,879.13 X Cash Escrow Water/Sanitary Sewer= 125% $ 885,281.25 Cash Escrow Paving/Storm Drain = 125% 1 $ 1,179,567.66 Letter of Credit= 125% $ 2,064,848.91 City of Fort Worth,Texas Page 13 of 21 Standard Community Facilities Agreement Rev.9/21 IN WITNESS 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 DEVELOPER Meritage Homes of Texas,LLC Dana&�6ILWe ��� Dana Bur 99,202� David Au�ghinba gh(Nov 8,202117:00 CST) Dana Burghdoff David Aughinbaugh Assistant City Manager Division Vice President Date: Nov 9,2021 Date: Nov 8,2021 Recommended by: ��- cgi . Evelyn Roberts/Jennifer Ezernack Contract Compliance Specialist Planning and Development Approved as to Form &Legality: Contract Compliance Manager: Rich rd A.McCracken(Nov 9,202111:08 CST) Richard A.McCracken By signing,I acknowledge that I am the person Sr.Assistant City Attorney responsible for the monitoring and M&C No. administration of this contract,including Date: Nov 9,2021 ensuring all performance and reporting requirements. Form 1295: Glyn Ro s on behalfof(Nov 8,202121:36 CST) ATTEST: �,d��o���� � oaf FORT��a Janie Scarlett Morales PA,o°° °°°O�� Development Manager pro °o d Ronald P. Gonzales v$ o �,= o ° d Assistant City Secretary � o° °o*�d °OO°°°°00000 ° d *XASoAp OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Page 14 of 21 Standard Community Facilities Agreement Rev.9/21 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 ❑X Attachment 1 -Changes to Standard Community Facilities Agreement ❑X Attachment 2—Phased CFA Provisions ❑X Attachment 3 —Concurrent CFA Provisions ❑X Location Map ❑X Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements ❑X Exhibit B: Paving Improvements ❑X Exhibit B-1: Storm Drain Improvements ❑X Exhibit C: Street Lights and Signs Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 15 of 21 Standard Community Facilities Agreement Rev.9/21 ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Proj ect No. 103319 None City of Fort Worth,Texas Page 16 of 21 Standard Community Facilities Agreement Rev.9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 103319 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 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. City of Fort Worth,Texas Page 17 of 21 Standard Community Facilities Agreement Rev.9/21 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, (INCL UDING DEATH), OFANY KIND OR CHARACTER, WHETHER REAL ORASSERTED. DEVELOPERHEREBYEXPRESSLYRELEASESANDDISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMA GES, INCL UDING, BUT NOT LIMITED TOANYANDALL ECONOMICDAMA GES,PROPERTYLOSS,PROPERTY DAMAGE AND PERSONAL INJURY(INCL UDING DEATH)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(WHETHERATLA W ORINEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMA GES 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 WA Y RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OFANY 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. DEVELOPER: Meritage Homes of Texas,LLC ew oo� Name: David Aughinbaugh Title: Division Vice President City of Fort Worth,Texas Page 18 of 21 Standard Community Facilities Agreement Rev.9/21 ATTACHMENT "Y Concurrent CFA Provision City Project No. 103319 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by D.R. Horton — Texas, Ltd. under a separate Community Facilities Agreement, City Secretary Contract No.56605 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No.56605 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent 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 Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors,disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2)that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and construction of the Primary Project and the Secondary Project;and(3)the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this Attachment,the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project City of Fort Worth,Texas Page 19 of 21 Standard Community Facilities Agreement Rev.9/21 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 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 CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAADALL DAMAGES,INCL UDING B UT NO T LIMITED TO,ANYAND ALL ECONOMIC DAMAGES,PROPERTYLOSS,PROPERTYDAMAGESAAD PERSONA L INJURY(INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL ORASSERTED. DEVELOPERHEREBYEXPRESSLYRELEASESANDDISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMA GES, INCL UDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE,AGREES TOANODOESHEREBYINDEMNIFY,DEFEND,PROTECT,AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES,AND SERVANTS FOR,FROMAND AGAINSTANYAND ALL CLAIMS (WHETHER AT LA W OR INEQUITY), LIABILITIES, DAMAGES(INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIESINCLUDINGDEATH),LOSSES,LIENS, CAUSES OFACTION, SUITS,JUDGMENTSAAD EXPENSES(INCL UDING,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 WA Y RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, WHETHER OR NOT SUCHINJURIES DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR INPART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FOR T WORTH,ITS OFFICERS, SERVANTS, OR EMPLOYEES. City of Fort Worth,Texas Page 20 of 21 Standard Community Facilities Agreement Rev.9/21 By signing below, Developer certifies that all statements contained in this Attachment "2" Concurrent CFA Provision are true and correct. DEVELOPER: Meritage Homes of Texas,LLC �� � David Au�ghinb gh(Nov 8,202117:00 CST) David Aughinbaugh Division Vice President Date: Nov 8,2021 City of Fort Worth,Texas Page 21 of 21 Standard Community Facilities Agreement Rev.9/21 o co W M0 . Of z 00LL M � W a ° HAP CO LLJ N H ¢ N 3 Cwo O M CO U- 0n o, O CL Z zz I 5 9NIddS MOTIIM 0.0 V V)U 6 HLn Q U I, .90 N H�V K O y =az� 3 Z �xa z - r �z NdH9IH zX >< O 7 0 Z a Q z d� N N w WU Q Y w I U Q w //n� Y vi w x ¢ 3¢, (D n/ LL ao a �O oD mzo w �J�O� GR�CRP yr� LL O� �E gT owowa �1L w �OWw d (N X zzz0 J Q ztnw?c) — w J U 0 o NCR Z U w F`� Q Z o Q R 1NG�GN 11-1 O a l6noo 3-lSdH w OY 1�00� S3MH1bON NO1Sy - S31Hg Z k O� J 3jNbl7jb cw.� �PGKS�N z 11 � �•J MISS MAI ♦o DIVA •. %♦ , i III I_ o 1�// ri• , %1, �♦ O .. 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N 77.pp N O FzyN I CDC4 O �uy"g \) O C/ Zx W 1 14 O M z6aN � -� $zzc� Za WZ1ow `\� <� re LA W p ro g b WE of a z N U O ` W \ I D Z z Z p z � m / a D $� z `� <✓ 1 C � �O - m O I\ I \ L u N u \ V) N z N i •�oNC CO �� 00 `' LO 00 /U00 FZ 1 N N N C� �\ d .29 fi N � 000� a z cai O 00 _ R �pr�N s Z p ^ OlN N w Vl W M Z w o G Z a: Z w 1al Z Z cn cn M d J ��a!♦ W a a: z C.) ~- O {L W J J Q O � J 2 (�Z N J z O z z 0 z 0 9 N cn — 0 d Z w w w w w O cn cn cn cn z H O O O O O w w W L J i i i 004243 DAP-BID PROPOSAL Page 1 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Yrojcet item Information HSq roposal tJnil of Iiid Bid Value Bidlist Ileill I)cscription SpecificasiUn Section NO. Measure QuanlJ y 1Va. UNIT l:WATER IMPROVEMENTS 1 3305,0109 Trench Safety 3305 10 LF 3127f L 2 3311.0001 Ductile iron Water Fittings w!Restraint 33 11 11 TON 1.257;�a�� 3 3311.0241 8"Water Pipe 33 11 10,33 11 12 LF 31271(,#� B�4 3312-0001 Fire Hydrant33 12 40 EA 42 I, z't�I5 3312.0117 Connection to Existing 4'"-12"Water Main " 331225 EA 41 1+ 1Tz6 3312,20031"Water Service 331210 EA 881t �I 2G4 7 3312,3003 8"Gate Valve 33 12 20 EA 7 Z Z t + S, 41 L 8 9999,0001 Water Testing[excluding Geotech] 000000 LF 3127 1 T� 1 L] 9 - 10 11 12 13 14 15 16 W 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I:WATER IMPROVEMENTS CITY Or FORT WORTH STANDARD C ONST RUCTION SPECIFICATION fJOCLMWTS-DEVELOP L•'R AWARDED PROJECT-S pp 42 4;Bid Pmp—l-DAP_Revia d Fo m Version May 22.2019 'I W4243 DAP-DID PROPOSAL Page 2 of? SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal BidlNItem Description Specification Section No. Unit of [aid Unit Priee Bid Value No Mrasure Quantity UNIT II:SANITARY SEWER IMPROVEMENTS 1 3331.4115 8"Sewer Pipe J 33 11 10,3331 12, LF 2828 q11 2 3301.0002 Past-CCTV Inspection 33 01 31 LF 3073 Z L, 1y 4 3 3301.0101 Manhole Vacuum Testing 33 01 30 EA 15 Z Y A :1i y ro 4 3305.0109 Trench Safety 3305 10 LF 3073 2 {� !Y6 5 3331.3101 4"Sewer Service 3331 50 EA 87 ?7-f -��� IJ 6 3331.4116 8"Sewer Pipe,CSS Bacicfill 33 11 10,33 31 12, LF 245 tic 84� ?SO 7 3339.1003 Extra Depth 4'Manhole 33 39 10,33 39 20 VF 57 Z 7? 1f p, 1kG 8 3339A001 4'Manhole 33 39 10,33 39 20 EA 15 L(I Tao 6 y)SoC 9 9999.0002 Conection to Existing Sewer Line 00 00 00 EA 2 x�000 14I o va 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS 3z � US CITY OF FORT WORTH STAN 17AR6 CONSTRu rION SPECIFICATION 1WUMENTS-DEV LiLO R AWARDED PROJECTS 00 42 43_IIid Proposnl_DAP_keviscd Farm Vem..May 22,2019 00 42 d S DAP•Et ID It ROPOSAI. Page 3 ot7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item lnformatian Bidders Proposal llnit of laid Unit Price Laid Vaitxc Bidlist Item Description speci6catian Section No. Wasure Quantity Na. UNIT III:DRAINAGE IMPROVEMENTS 1 3349,0001 4'Storm Junction Box 14 10 EA 2 4,4 �S f C 2 0241.4202 Remove 5'Drop Inlet 0241 14 EA 1 �� 3 3 30 5.0109 Trench Safety 33 05 10 LF 864 4 3341.0201 21"R.C.P.Class III 33 41 10 LF 151 gr3 I f 17 5 3341.0205 24"R.C.P.Class III 33 41 10 LF 80 q$ fyd 6 3341.0208 27"R.C.P.Class III 334 1 10 LF 362 (0g �.71 43 7 3341.0309 36"R.C,P.Class 111 33 41 10 LF 271 17.4 '17 l S 8 3349.5001 10'Curb Inlet 33 49 20 EA 11 S' L e+7 61 G 00 g 3349.5002 15'Curb Inlet 33 49 20 L i q EA 2 7 6❑7 1 5� 10 9999.0003 Connect to Existing 6'x 4'R C B 00 00 00 EA 2 z l 7�S`I 11 9999.0004 Connect to Existing 24"RCP 00 00 00 EA 1 Lr► %4 9 7, u K¢ 12 9999.0005 Connect to Existing 5'Junction Box 00 00 00 EA 3 Z Y48 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT III.DRAINAGE IMPROVEMENTS z , s6k CSTY Or FORT WORTH S,I-ANDARD CONSTRUCTION SPECIFICATION DOCVM ENTS-DEVEt.OPE.R AWARDED PROJECTS 00 42 43_Bid Proposal.DAP_Revised r-omt Vrrsiov May 2220 9 00 42 43 IMP-fill)PROPOSAL Pagc 7 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Unit of Bid Description Specification Section No. Measure Quantity Unit Price Bid Value No. Bid Summary UNIT I:WATER IMPROVEMENTS �g O �.. ------ ---- UNIT II:SANITARY SEWER IMPROVEMENTS �y 733 UNIT III:DRAINAGE IMPROVEMENTS UNIT IV-PAVING IMPROVEMENTS UNIT V:STREET LIGHTING IMPROVEMENTS UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid 3 This Bid is submitted by the entitp named below: BIDDER: BY:<Name of Principal Here> Jyra,� 6, <C:ompany Name Here> Address Herr? <Signature Here <Address Here or Blanly TITLE:<Title Here? 'City,State Zip Cade Here> DATE:'Bate Here 7fz�l�zr Ba Contractor agrees to complete WORK for FINAL ACCEPTANCE within #days working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION I I CITY OF FORT WORTH STAN DARDCOWJ'R UCTION SPELT FICATION DOCUM EM S-DEVELO R AWAK I3EI)PRO]ECTS Farm Vc.j—May 2 Z.2019 00 42 43_Bid Propusel_DAP_Rerised 00 42 43 DAP-BIDPROPOSAL Page 4 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlistt Item Description Specification Section No. Unit of Bid Unit Price Bid Value Quantity UNIT IV:PAVING IMPROVEMENTS 1 3213.0506 Barrier Free Ramp,Type P-1 321320 20 EA 4 $2,203.50 $8,814.00 .04 2 321100 d L Hydratei 32 11 TN 29 187 me $189.45 $35,427.15 3 3211.0501 6"Lime Treatment 32 11 29 _S_Y 7870 .. _ ...___.. _-_ . -treatment' _. -_ _. ..___ .—_ $3.09 $24,318.30 4 3211.0502 8"Lime Treatment 32 11 29 SY 3800 — __-- ._. ..--___ _ ----- ____ . -. .. -- -__ ._. — _. $3.15 $1 9970.00 5 3213.0101 6"Reinforced Conc_Pvmt 32 13 13 SY 7362 $43.95 $323,559.90 7 3292.0200 Seeding,Broadcast 329213 SY 390 $4.60 $1,794.00 8 3441.4003 Furnish/Install Alum Sign Ground Mount 3441 30 EA City Std.-Stop§ Name Blades(4) 2 $464.70 $929.40I 3441.4007 Install Alum Sign Ex Pole Mount City Std.- 3441 30 9 Name Blades EA 4 $147.05 $588.20 10 9999.0006 Remove Barricade&Connect to Existing 00 00 00 EA 4 $500.00 $2,000.00 11 9999.0007 7.5"Reinforced CDnc 0vmt 32 13 13 SY 3597 $46.15 $166,001.5 12 3213.03.Q1 4"Conc Sidewalk 32 31 20 SF 3091 $6.37 $19,689.67 12 — 13 14 15 16 17 18 19 20 21 22 23 25 24 26 .. - ___.. .. 27 28 30 31.. ....- 33 - 34 - —— 35 36 37 -- 38 39 40- 41 42 43 TOTAL UNIT IV:PAVING IMPROVEMENTS $595,092.17 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Mm.22,2019 00 42 43_Bid Pmposal_DAP_Revised 00 42 43 DAP-BIDPROPOSAL Page 7 of 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal BidlistoItem Description Specification Section No. Unit f Measure Bid Unit Price Bid Value Quantity Bid Summary UNIT I:WATER IMPROVEMENTS UNIT II:SANITARY SEWER IMPROVEMENTS UNIT III:DRAINAGE IMPROVEMENTS UNIT IV:PAVING IMPROVEMENTS $595,092.17 UNIT V:STREET LIGHTING IMPROVEMENTS UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $595,092.17 This Bid is submitted by the entity named below: BIDDER: BY Y:Le- McQuien Gilco Contracting,Inc. 6331 Southwest Boulevard Benbrook,TX 76132 TITLE:Vice President,Operations DATE:9/20/2021 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 days working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Ma,22,2019 00 42 43_Bid Proposal_DAP_Revised 004243 DAP BID PROPOS:V_ Pape s 00 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL=ORM UNIT PRICE BID Bidder's Application Prtrjecl Item Information Bidders Proposal Bidki llctn De,cription Specification Section No. Unil ul Bid Unit Price Bid valuc No. Measure QuantM UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 988 17.02 16,815.76 2 3441.3303 Rdwy Illum Foundation TY7 3441 20 EA 22 1,722.00 37,884.00 3 3441.3035 Furnish/Install Utility Washington Postline 3441 20 EA Series Luminaire Full Cutoff LED and Pole 22 3,350.00 73,700.0 4 3441.1410 NO 10 Insulate Elec Condr 3441 10 LF 2964 1.55 4,594.20 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V:STREET LIGHTING IMPROVEMENTS $132,993.96 CITY OF FORT WORTH STANDARD(ONSTRITMN SPE( AT70\DOCt-IIF.\7S-WWI OPFR AWAM)FT)PROK(I� F,.nn\'croon Sin 22.2019 0042 43 Hid Pro w.1❑:U'Re,iaed Pict'nt 7 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL=ORM UNIT PRICE BID Bidder's Application ProiLct Item Information Biddtr's Proposal Bidlist Ilan Unit of Bid Description Specification Section No. Unit Price Bid Value No Measure Quantu,N Bid Summary UNIT I:WATER IMPROVEMENTS n/a UNIT II:SANITARY SEWER IMPROVEMENTS n/a UNIT III:DRAINAGE IMPROVEMENTS n/a UNIT IV:PAVING IMPROVEMENTS n/a UNIT V:STREET LIGHTING IMPROVEMENTS $132,993.96 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS n/a Iota[Construction Bid $132,993.96 This Bid&submitted by the entity named below: BIDDER: BY: Rj49rd Wolfe Independent Utility Construction 5109 Sun Valley Drive Fort Worth, TX 76119 TITLE: resident DATE: 07-28-2021 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working dais after the date when the CONTRACT commences to rum as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFWATION DOCINMNTS-DE\TLOPER AWARDED PROJECTS Form t'eniou S1ay'_^_.2019 00 42 C;Bid PIOPOW"DAP P^ised COMPLETION AGREEMENT— SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and MERITAGE HOMES OF TEXAS, a Texas Limited Liability Company, authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 18.918 acres of land located in the City,the legal description of which tract of real property is marked Exhibit"A" —Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP-21-136 or FS<Number>; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development,NORTHSTAR SECTION 2 PHASE 3 for Water, Sewer, Paving, Storm Drain, Street Lights ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown on Exhibit"B")required to complete the Community Facilities in the aggregate should not exceed the sum of One Million Six Hundred Fifty One Thousand Eight Hundred Seventy Nine AND 13/100 Dollars ($1,651,879.13), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 1 of 11 the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards,the CFA,the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or(b)mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid,including but not necessarily limited to lien waivers and bills paid affidavits,the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 2 of 11 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning& Development Department 200 Texas Street Fort Worth, Texas 76102 Attention: CFA Division Janie Morales, Development Manager Email: Janie.Morales@fortworthtexas.gov Confirmation Number: 817-392-7810 and/or CFA Division Email: CFA e,fortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 3 of 11 City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Richard A. McCracken Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: MERITAGE HOMES OF TEXAS, LLC 8840 Cypress Waters Blvd. Suite 100 Dallas, TX 75019 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 4 of 11 H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 5 of 11 Executed in quadruplicate in each entity's respective name by 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: MERITAGE HOMES OF TEXAS, LLC ama Dana Bur 99,202� ^ Dana Burghdoff David A�� gh(Nov 8,202117:00 CST) Assistant City Manager Name: David Aughinbaugh Title: Division Vice President Date: Nov 9,2021 Date: Nov 8,2021 Approved as to Form & Legality: Richard A.McCracken(Nov 9,2021 11:08 CST) Richard A. McCracken Assistant City Attorney ATTEST: doo�n'a a o0�°FOR. 4 a PA,o° d 0040, Ronald P. Gonzales �%�00 o*�d Assistant City Secretary °°°°°°°°°° a ��nEXAS.oA" M&C: Date: Nov 11,2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 6 of 11 LIST OF EXHIBITS ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 7 of 11 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement NONE City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 8 of 11 EXHIBIT A LEGAL DESCRIPTION BEING A 18.918 ACRE TRACT OF LAND SITUATED IN THE CHARLES FLEISNER SURVEY,ABSTRACT NO. 541,AND THE MATTHEW ASHTON SURVEY,ABSTRACT NO. 8, CITY OF FORT WORTH E.T.J., TARRANT COUNTY, TEXAS,AND BEING A PORTION OF A 402.614 ACRE TRACT OF LAND DESCRIBED TO NORTHSTAR RANCH, LLC IN COUNTY CLERKS FILE NO. D217014609, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH IRON ROD WITH CAP STAMPED "RPLS 4818" FOUND FOR THE SOUTHWEST CORNER OF SAID 18.918 ACRE TRACT, FROM WHICH A 1/2- INCH IRON ROD WITH CAP STAMPED"RPLS 4818" FOUND (HEREAFTER REFERRED TO AS "IRON ROD FOUND") FOR THE NORTHWEST CORNER OF LOT 21, BLOCK 6 OF THE HIGHLANDS AT WILLOW SPRINGS,AN ADDITION TO TARRANT COUNTY, AS RECORDED IN COUNTY CLERKS FILE NO. D200198147, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAME BEING ON THE EAST RIGHT-OF-WAY LINE OF SAID B.N.S.F. RAILROAD, BEARS SOUTH 20-11'45" EAST,A DISTANCE OF 1194.73 FEET; THENCE CONTINUING OVER AND ACROSS SAID NORTHSTAR RANCH, LLC TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 22006'52" WEST,A DISTANCE OF 1,028.02 FEET TO AN IRON ROD FOUND; NORTH 73024'02" EAST,A DISTANCE OF 211.48 FEET TO AN IRON ROD FOUND; NORTH 64033'18" EAST,A DISTANCE OF 269.18 FEET TO A 5/8-INCH IRON ROD WITH CAP STAMPED "LJA SURVEYING" SET (HEREAFTER REFERRED TO AS "IRON ROD SET") FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,470.00 FEET,AND A CHORD THAT BEARS SOUTH 26042'52" EAST, 107.69 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 02029'54",AN ARC-DISTANCE OF 107.70 FEET TO AN IRON ROD FOUND; SOUTH 73025'40" EAST,A DISTANCE OF 14.06 FEET TO A RAILROAD SPIKE FOUND; NORTH 61013'28" EAST,A DISTANCE OF 108.80 FEET TO AN IRON RODD SET; SOUTH 30009'45" EAST,A DISTANCE OF 113.79 FEET TO AN IRON ROD FOUND; SOUTH 31036'24" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 32056'24" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 340 16'24" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 35036'24" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 36056'24" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 38016'24" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 39036'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 40056'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 420 16'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 43036'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 44056'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CIA Official Release Date: 07.01.2015 Page 9 of 11 SOUTH 460 16'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 47036'23" EAST,A DISTANCE OF 54.68 FEET TO AN IRON ROD FOUND; SOUTH 49003'07" EAST,A DISTANCE OF 63.90 FEET TO AN IRON ROD FOUND; SOUTH 39033'35" WEST,A DISTANCE OF 180.01 FEET TO AN IRON ROD SET FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,530.00 FEET,AND A CHORD THAT BEARS SOUTH 50007'49" EAST, 22.61 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 0030'43",AN ARC DISTANCE OF 22.61 FEET TO AN IRON ROD SET; SOUTH 50007'49" EAST,A DISTANCE OF 22.61 FEET TO AN IRON ROD SET; SOUTH 39036'50" WEST,A DISTANCE OF 120.00 FEET TO AN IRON ROD SET; SOUTH 50058'05" EAST,A DISTANCE OF 53.83 FEET TO AN IRON ROD SET; SOUTH 52007'55" EAST,A DISTANCE OF 53.83 FEET TO AN IRON ROD SET; SOUTH 53017'45" EAST,A DISTANCE OF 53.83 FEET TO AN IRON ROD SET; SOUTH 54027'35" EAST,A DISTANCE OF 53.83 FEET TO AN IRON ROD SET; SOUTH 55037'25" EAST,A DISTANCE OF 53.83 FEET TO AN IRON ROD SET; SOUTH 57022'15" EAST,A DISTANCE OF 53.89 FEET TO AN IRON ROD SET; SOUTH 32037'45" WEST,A DISTANCE OF 177.67 FEET TO AN IRON ROD FOUND; SOUTH 04059'11" WEST,A DISTANCE OF 139.84 FEET TO AN IRON ROD FOUND; NORTH 85000'49" WEST,A DISTANCE OF 151.04 FEET TO AN IRON ROD SET; NORTH 83038'00" WEST,A DISTANCE OF 50.00 FEET TO AN IRON ROD SET FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 518.00 FEET,AND A CHORD THAT BEARS NORTH 180 12'08" EAST, 212.49 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 23040'16",AN ARC-DISTANCE OF 214.01 FEET TO AN IRON ROD FOUND FOR THE BEGINNING OF A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET,AND A CHORD THAT BEARS NORTH 11044'06" WEST, 33.31 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 83032'44",AN ARC-DISTANCE OF 36.45 FEET TO AN IRON ROD FOUND FOR THE BEGINNING OF A REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 2,820.00 FEET,AND A CHORD THAT BEARS NORTH 50002'31" WEST, 340.97 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 06055'55",AN ARC-DISTANCE OF 341.18 FEET TO AN IRON ROD FOUND; SOUTH 67053'08" WEST,A DISTANCE OF 284.69 FEET TO AN IRON ROD SET; NORTH 22006'52" WEST,A DISTANCE OF 30.00 FEET TO MAG NAIL FOUND; NORTH 07016'38" EAST,A DISTANCE OF 99.84 FEET TO AN IRON ROD FOUND FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET,AND A CHORD THAT BEARS NORTH 82043'22" WEST, 25.00 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 28057'18",AN ARC-DISTANCE OF 25.27 FEET TO AN IRON ROD FOUND; SOUTH 07016'38" WEST,A DISTANCE OF 148.35 FEET TO AN IRON ROD FOUND; THENCE SOUTH 67053'08" WEST,A DISTANCE OF 47.84 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 18.918 ACRES (824,055 SQ. FEET), OF LAND. City of Fort Worth, Texas Standard Completion Agreement-Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 10of11 EXHIBIT B APPROVED BUDGET Section I Water $3795490.00 Sewer $328,735.00 Sub-total $708,225.00 Section II Interior Streets $595,092.17 Storm Drains $215,568.00 Sub-total $810,660.17 Section III Street Lights $132,993.96 Sub-total $132,993.96 TOTAL $1,651,879.13 City of Fort Worth, Texas Standard Completion Agreement— Self-Funded Revised 09.07.2017 JLE CIA Official Release Date: 07.01.2015 Page 11 of 11