Loading...
HomeMy WebLinkAboutContract 60353Received Date: 10/23/2023 Received Time: 2:43 p.m. Developer and Project Information Cover Sheet: Developer Company Name: KDP Stockyards LLC Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: CFA Number: None provided 62 G 22-0188 711 Navarro St, Suite 400, San Antonio 78205 (210) 817-0025 1 dzunker@kairoi.com Daniel W. Zunker, Authorized Signatory Kairoi Stockyards Multifamily Paving, Drainage and Lighting Paving, Storm and Lighting Northeast corner of Exchange Ave & Packers St. Plat Name: None provided Council District: 2 City Project Number: 104233 1 IPRC22-0129 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 18 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 60353 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 KDP Stockyards 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 Kairoi Stockyards Multifamily Paving, Drainage and Lighting ("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 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 2 of 18 Standard Community Facilities Agreement Rev. 9/21 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: ❑ Exhibit A: Water ❑ Exhibit A-1: Sewer ® Exhibit B: Paving © Exhibit 13-1: 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 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 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 3 of 18 Standard Community Facilities Agreement Rev. 9/21 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. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 18 Standard Community Facilities Agreement Rev. 9/21 (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 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. City of Fort Worth, Texas Page 5 of 18 Standard Community Facilities Agreement Rev. 9/21 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. 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 BYANYPERSONS, 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 PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OF ANYACT, 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. 13. Right to Enforce Contracts City of Fort Worth, Texas Page 6 of 18 Standard Community Facilities Agreement Rev. 9/21 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 party 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: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With conies to: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: KDP Stockyards LLC 711 Navarro St, Suite 400 San Antonio, Texas 78205 Page 7 of 18 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 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 City of Fort Worth, Texas Page 8 of 18 Standard Community Facilities Agreement Rev. 9/21 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 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 City of Fort Worth, Texas Page 9 of 18 Standard Community Facilities Agreement Rev. 9/21 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 entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth, Texas Page 10 of 18 Standard Community Facilities Agreement Rev. 9/21 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'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 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. 33. Signature Authority City of Fort Worth, Texas Page 11 of 18 Standard Community Facilities Agreement Rev. 9/21 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 18 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Kairoi Stockyards Multifamily Paving, Drainage and Lighting CFA No.: 22-0188 City Project No.: 104233 IPRC No.: 22-0129 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ - 2. Sewer Construction $ - Water and Sewer Construction Total $ - B. TPW Construction 1. Street $ 1,014,734.00 2. Storm Drain $ 2,491,553.37 3. Street Lights Installed by Developer $ 473,637.00 4. Signals $ - TPW Construction Cost Total $ 3,979,924.37 Total Construction Cost (excluding the fees): $ 3,979,924.37 Estimated Construction Fees: C. Construction Inspection Service Fee $84,500.00 D. Administrative Material Testing Service Fee $7,840.00 E. Water Testing Lab Fee $0.00 Total Estimated Construction Fees: $ 92,340.00 Choice Financial Guarantee Options, choose one Amount (Mark one Bond = 100% $ 3,979,924.37 I X Completion Agreement = 100% / Holds Plat $ 3,979,924.37 I Cash Escrow Water/Sanitary Sewer= 125% $ - Cash Escrow Paving/Storm Drain = 125% $ 4,974,905.46 Letter of Credit = 125% $ 4,974,905.46 Escrow Pledge Agreement = 125% $ 4,974,905.46 City of Fort Worth, Texas Page 13 of 18 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 KDP Stockyards LLC Lana &r44LOff �,►�- Dana Burghdoff (Oct 2f, 2023 143 CDT) Daniel W. Zunker (Oct 20, 2023 08:38 CDT) Dana Burghdoff Daniel W. Zunker Assistant City Manager Authorized Signatory Date: Oct 23, 2023 Date: Oct 20, 2023 Recommended by: Bichson Nguyen (Oct 20, 703 08:44 CDT) Dwayne Hollars / Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Contract Compliance Manager: Thomas Royce Hansen By signing, I acknowledge that I am the person Assistant City Attorney II responsible for the monitoring and administration of this contract, including M&C No. N/A ensuring all performance and reporting Date: Oct 20, 2023 requirements. Form 1295: N/A -go, Rebecca Diane Owen (Oct 20, 2023 09:53 CDT) FOq. ATTEST: eF°°°°°°°e�°a ;�o�?y°o, °moo Rebecca Diane Owen ono Development Manager as°Ils�o 654gd Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 18 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 © Attachment 1 - Changes to Standard Community Facilities Agreement © Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ❑ Exhibit A: Water Improvements ❑ Exhibit A-1: Sewer Improvements X❑ 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 15 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104233 None City of Fort Worth, Texas Page 16 of 18 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "2" Phased CFA Provision City Project No. 104233 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 City of Fort Worth, Texas Page 17 of 18 Standard Community Facilities Agreement Rev. 9/21 all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTYLOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOTLIMITED TOANYANDALL ECONOMIC DAMAGES, PROPERTYLOSS, 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 PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUITY), LIABILITIES, DAMAGES (INCLUDING ANYAND ALL ECONOMIC DAMAGES, PROPERTYLOSS, PROPERTYDAMAGES 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 WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART 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: D-h1:7- Daniel W. Zunker (Oct 20, 2023 08:38 CDT) Name: Daniel W. Zunker Title: Authorized Signatory City of Fort Worth, Texas Page 18 of 18 Standard Community Facilities Agreement Rev. 9/21 v �,za-y \ \ d oeoe Par EXCHANGE z 0 z J z u 0 U) U J 0 w �f SITE LOCATION \ Z LOCATION MAP N.T.S. MAPSCO# 062G KAI RO I STOCKYARDS MULTIFAMILY Kirnley>>> Horn 801 Cherry Street, Unit 11 CITY PROJECT NO. 104233 OWNER/DEVELOPER: Soite 1300 IPRC:22-0129 KAIROI PROPERTIES, LLC Fort Worth, TX76102 817-335-6511 rn =a FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 Slate of Texas Registration No.F-928 AUGUST 2023 SAN ANTONIO, TX 78205'"`°`"""°`"s°°°`"'°°°°R"""°"""`s°"'""w""'"`°" "` GRAPHIC SCALE IN FEET 0 20 40 80 t I J I r I I PROPOSED LOT 1, BLOCK 1 J n aoaz _11 .'+ PROPOSED 4" CONCRETE --%,, 38,957 SQ. FT. PROPOSED 10.5" CONCRETE _ w 00 00000000�00000000 0 0 000 d Q d IN 2 SWIFT & ARMOUR BO D Z O PROPOSED 4" CONCRETE \ PROPOSED LOT 1, BLOCK 9 a laza -- AN 80-FOOT WIDTH RIGHT-OF-WAY ' W z U H 0� / PROPOSED LOT 1�, BLOCK 6 0 7524 ACRES \ 32,777 SQ. FT. JL- __ i PROPOSED 10.5" CONCRETE PROPOSED 10.5" CONCRETE n ❑ n ❑ PROPOSED 10.5" r ' ' ' ' CONCRETE u„u„ PROPOSED 8" CONCRETE PROPOSED 8" CONCRETE PROPOSED 4" CONCRETE �J[71PROPQSEDL0T 1, BLOCK 2 1 PROPOSED 4" CONCRETE : I I 62,060 ACRES — — 62,060 SQ. FT. K IIIIIIIIIIIII� IIIIIIIIIIIIII� I_ IIIIIIIIIIII■ MATCH LINE ON THIS PAGE n bn n n n n n n n -O Obi . ;l i. %fl .. .t .. .. .. ; i - PROPOSED 10.5" CONCRETE —�—�— — — ;4u'U—❑—o—o—o—❑—o—❑ ' N H W W f & ARMOUR BOULEVARD ' U) w AN 80-FOOT WIDTH RIGHT-OF-WAY Z J ^on0no�onononononononon13non13nono90n13 0 0 ono 0^on0^� Q " ` ' P -mSED LOi 1, BLOCK 6 y PRi PO 1 4'IICON `ET 1 '30.27524 ,777ACRES I f PROPOSED 4" CONCRETE ' 32,777 SQ. FT. KAI RO I STOCKYARDS M U LTI FAM I LYGRAPHIC SCALE IN FEET CITY PROJECT NO. 104233 OWNER/DEVELOPER: 0 20 40 80 Wow IPRC: 22-0129 KAIROI PROPERTIES, LLC I k�a FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 �05 AUGUST 2023 SAN ANTONIO, TX 78205 EXHIBIT B PAVEMENTIMPROVEMENTS SHEET 1 OF 4 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of�Texas ERegistration No. -9288uLEow I]� Ib I 1 II 1 1 I 0.6507 ACRES _ _ _ --� 28,345 SQ. FT.- H�I• I I PROP 65 LOT 1, BLOCK 5 I PROPOSED 4" CONCRETE ILLL_ �� _III 1 If` LLJ PROPOSED 10.5" CONCRETE __ ___ _ u u u u u u u u u u u u ❑— 1ru �a u u u-u-u u u u u u u u u o"❑"❑"❑"❑"❑"❑"❑"❑"❑"❑"❑"❑"❑ ❑ ❑� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o O o O o O ❑ n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n t, n n n n q_•_p /� n n n u u u u u ❑ ❑ ❑f,❑r,❑J,❑; u Q �� �• ,• ,• w w z U) WIFT ARM UR BOULEVARD ' w z' AN 80-FOOT WIDTH RIGHT-OF-WAY w z J J 2 U = U Q � a u u u u u-- I� - ., J ., ., ., ., ., ., ., -- a.(- - .., u u u-- �(- u u u u u u u u u u n❑n❑n❑n❑n❑,1❑nO�OnOnOnOnOnOnOnOnO�OnO�On❑nor,❑non❑non❑non❑won❑won❑�o„❑no„❑„o�❑„o�❑„o�❑�o„❑�o„❑„o„❑„O„❑„❑ \` PROPOSED I� LOT 1, BLOCK 10 \ 3.4931 ACRES PROPOSED 4" CONCRETE 152,160 SQ. FT. ' _ MATCH LINE SHEET 3 GRAPHIC SCALE IN FEET 0 2I 0 40 I 80 I �ROPOIED LOT I, BLOCK 4= I 1.4455 ACRES.r s2ssssQ.FT. PROPOSED 10.5" CONCRETE w O"O"O"O"O"O"O rr n n n "O o O"O"01'r 1\PROPOSED 10.5" O r r r n n n n CONCRETE Q � 0- — ❑ ❑ — ]PROPOSED 10.5" ' Li Li CONCRETE QAN 80-FOOT WIDTH RIGHT-OF-WAY PROPOSED 8" w IIr/ CONCRETE z_ J `\\, J PROPOSED 8" w CONCRETE Q F J N O NWZh PROPOSED4" / via"o CONCRETE PROPOSED / OJ O LOT 1, BLOCK 10 w Z ' 3.4931 ACRES o z 152,160 SQ. FT. O - MATCH LINE SHEET KAI RO I STOCKYARDS MULTIFAMILY EXHIBIT B PAVEMENTIMPROVEMENTS SHEET 2 OF 4 Kimley>>> Horn CITY PROJECT NO. 104233 OWNER/DEVELOPER: .te1300 street, unit 11 w IPRC: 22-0129 KAIROI PROPERTIES, LLC Fort Worth, TX 76102 817-335-6511 wig FORT WORTH, TEXAS St ate of Texas Registration No.F-928 �05 AUGUST 2023 711 ANTONIO ST, SUITE 400 TMEeEEFR�.� .ro r���coN*�*W* TMEcm d SAN ANTONIO, TX 78205 (A MATCH LINE SHEET 4 II III - .1 — .1�--�—� PROPOSED 4" CONCRETE PROPOSED 8" CONCRETE GRAPHIC SCALE IN FEET 0 20 40 80 PROPOSED LOT 1, BLOCK 11 2.0981 ACRES 91,394 SQ FT. PROPOSED 4"_/ CONCRETE PROPOSED 4" PROPOSE LOT LOCK CONCRETE 0.7524 ACRES 1I 32,7�FT. w U Q a Cn x 0 /o � w z_ J PROPOSED 8" CONCRETE x U Q PROPOSED PROPOSED 4" LOT 1, BLOCK 10 CONCRETE 3.4931 ACRES 152,160 SQ. FT. KAI RO I STOCKYARDS MULTIFAMILY CITY PROJECT NO. 104233 OWNER/DEVELOPER: w« IPRC: 22-0129 KAIROI PROPERTIES, LLC FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 goN AUGUST 2023 SAN ANTONIO, TX 78205 ROPOSED STREET B (AN 60-FOOT WIDTH RIGHT-OF-WAY) Ci 3C D 3C O 3C D ]C 0 N w LLJ x fn w z J x U Q PROPOSED LOT 1, BLOCK 10 3.4931 ACRES 152,160 SQ. FT. PROPOSED 10.5" CONCRETE PROPOSED 10.5" CONCRETE n ❑ n ❑ PROPOSED 10.5" ' CONCRETE PROPOSED 8" IICONCRETE PROPOSED 8" CONCRETE PROPOSED 4" CONCRETE w cD x z 0 w z J U Q I EXHIBIT B PAVEMENTIMPROVEMENTS SHEET 3 OF 4 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of Texas Registration No.e F-9 o8uLEow PROPOSED 4"CONCRETE PROPOSED 8"CONCRETE ... ... ... ... PROPOSED I] LOT 1, BLOCK 10 � [ 3.4931 ACRES O 152,160 SQ. FT. gypp[ o. \\\ 13uj N \\\� w EXCHANGE AVE N\ x '".N VARIABLE WIDTH RIGHT-OF-WAY) Z ... ... � � ,.l ... C) Q n � PROPOSED 4" CONCRETE TRACT 1 FORT WORTH HERITAGE FORT WORTH HERITAGE DEVELOPMENT, LLC DEVELOPMENT, LLC (INST. NO. D215200243) (INST. NO. D215200243) ZONED: SY-TSA ZONED: SY-TSA Z 0 NORTH w GRAPHIC SCALE IN FEET w 0 20 40 80 _0 PROPOSED L 1, BLOCK e 0.7125 ACRES uj s 31,03 i SO. I I Q© g0 0 III Io .o e Lu E� © e w PROPOSED 4" CONCRETE Eo —� w PROPOSED PACKERS AVENUE PAVERS PACKERS AVE (A VARIABLE WIDTH RIGHT-OF-WAY) KAI RO I STOCKYARDS MULTIFAMILY PROPOSED 10.5" CONCRETE PROPOSED 10.5" CONCRETE n ❑ n ❑ 1PROPOSED 10.5" uu ' 'CONCRETE CONCRETE PROPOSED 8" 111 CONCRETE PROPOSED 4" CONCRETE EXHIBIT B PAVEMENTIMPROVEMENTS SHEET 4 OF 4 Kimley>>> Horn CITY PROJECT NO. 104233 OWNER/DEVELOPER: ..Ite1300 street, unit 11 w IPRC: 22-0129 KAIROI PROPERTIES, LLC Fort Worth, TX 76102 817-335-6511 wig FORT WORTH, TEXAS St ate of Texas Registration No.F-928 �05 AUGUST 2023 711 ANTONIO ST, SUITE 400 TMEeEEF"�." .ro r���coN*�*W* TMEcm d SAN ANTONIO, TX 78205 MATCH LINE SHEET 2 OF 3 36" PUBLIC STORM LINE A rl JUNCTION BOX PRIVATE UNDERGROUND 24" PUBLIC STORM LATERAL A-1 I DETENTION POND — 3.380 ACRE TRACT - . EXHIBITS BUILDING PARTNERSHIP JUNCTION BOX 24" PUBLIC STORM (VOL. 12542, PG. 1527) � LATERAL A-1 36" PUBLIC STORM LINE A �� PROPOSED LOT 1, BLOCK 8 0.7125 ACRES CURB INLET CURB INLET 31 035 SQ. FT. e EXISTING 24" STORM o 21" PUBLIC STORM L 21" PUBLIC STORM K-1394 LATERAL A-2 — — — —LATERAL A-3 PACKERS AVE. LATERAL PUBLIC STORM 24" PUBLIC STORM (VARIABLE WIDTH RIGHT-OF-WAY) — LATERAL A-1 - LATERAL A-1.1 EXISTING CURB INLET -� 36" PUBLIC STORM LINE A L JUNCTION BOX K-1394 — — — — — — i EX JUNCTION BOX K-1394 /EXISTING CURB INLET TRACT 2 - "UP 2" 7 FORT WORTH HERITAGE DEVELOPMENT, LLC (INST. NO. D215200241) EXISTING 42" STORM K-1394 x 0 EXISTING TONY'S CREEK w I 6'-6"X8"ARCH PIPE 8 \` K-1394 U Q Q U O �o LEGEND PROPOSED STORM LINE EXISTING STORM LINE 0 i EXISTING 2 - 10' X 9' RCB S-1338 KAI ROI STOCKYARDS MULTIFAMILY 0 GRAPHIC SCALE IN FEET 200 CITY PROJECT NO. 104233 OWNER/DEVELOPER: I I I w-< IPRC: 22-0129 KAIROI PROPERTIES, LLC — FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 boa AUGUST 2023 SAN ANTONIO, TX 78205 EXHIBIT B-1 STORM DRAIN IMPROVEMENTS SHEET 1 OF 3 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of Texas Registration No. 928 PROPOSED LOT 1, BLOCK 2 — — — — 1.4247 ACRES— / 62,060 SQ. FT. ' CURB INLET , n � STORM MH I 21" PUBLIC STORM LATERAL B-7 / 48" PPUBLIC STORM 7 54" PUBLIC STORM LINE B"..' 7 CURB INLET' LATERAL B-9 21" PUBLIC STORM j- 48" PUBLIC STORM LINE JUNCTION BOX LATERAL B-5 21" PUBLIC STORM ' / � JUNCTION BOX LATERAL B-6.1 / 54" PUBLIC STORM 24" PUBLIC STORM ' LATERAL B LATERAL B-6 / 60" PUBLIC STORM LINE B j 21PUBLISTORM-CURB INLET — C � / PROPOSED LOT 1, BLOCK 1 I LATERAL B 8 CURB INLET 0.8943 ACRES 1 PROPOSED LOT 1, BLOCK 6 STORM MH ' () 38,957 SQ. FT. , 0.7524 ACRES _ 60" PUBLIC STORM LINE B — - 32,777 SQ. FT, 48" PUBLIC STORM IN -600 I LATERAL B-4 ' Z r� JUNCTION BOX I I W } � STORM MH 21" PUBLIC STORM �� , ` LLI ILL PROPOSED ' m LOT 1 BLOCK 10 0.684 ACRE TRACT EXHIBITS BUILDING PARTNERSHIP (VOL. 12542, PG. 1527) LATERAL B-10 I JUNCTION BOX 24" PUBLIC STORM — CURB INLET I_ PRIVATE UNDERGROUND LATERAL B-11 �� DETENTION POND u CURB INLET � r•, I I - , U 36" PUBLIC STORM LINE A I EXHIBITS BUILDING PARTNERSHIP m PR DPOSED LOT 1, BLOCK 7 (INST. NO. D211068397) I _ LU IL 0.5257 ACRES o UQ �U' i I 22,898 SQ. FT. 21" PUBLIC STORM I LATERAL B-11.1 J co oM I 21" PUBLIC STORM I W r C I u I cQ LATERAL B-11 0 I a_ a It I I I_ IIIIIIIIIIIIII1 IIIIIIIIIIIIII1 IIIIIIIIIIIIII IIIIIIIIIIII1 IIIIIIIIIIIII■ IIIIIIIIIIIIII1 IIIIIIIIIIIIII1 IIIIIIII. MATCH LINE SHEET 1 OF 3 LEGEND PROPOSED STORM LINE EXISTING STORM LINE U) 9 3.4931 ACRES ' p 152,160 SQ. FT. W ILL!I 1O CD 00 I 'W I IIIIIIIIIIII. IIIIIIIIIIIII� KAI ROI STOCKYARDS MULTIFAMILY 0 GRAPHIC SCALE IN FEET 200 CITY PROJECT NO. 104233 OWNER/DEVELOPER: I I I w IPRC: 22-0129 KAIROI PROPERTIES, LLC — ka FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 �05 AUGUST 2023 SAN ANTONIO, TX 78205 EXHIBIT B-1 STORM DRAIN IMPROVEMENTS SHEET 2 OF 3 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of�Texas ERegistration No. -9288uLEow [Ea�M'q STORM MH 24' PUBLIC STORM LINE B q�/ 21" PUBLIC STORM LATERAL B-3 FORT WORTH HERITAGE TRACT 2 *� 48" PUBLIC STORM LINE B I DEVELOPMENT, LLC ' — / I (INST. NO. D215200243) JUNCTION BOX J 21" PUBLIC STORM LATERAL B-2 \ T NED: SY TSA SWIFT & ARMOURCURB INLET ' BOULEVARD (AN 80-FOOT WIDTH RIGHT-OF-WAY) M ' I LL O N f STORM MH F- 1 36" PUBLIC STORM LATERAL B-1 J 21" PUBLIC STORM LATERAL B-1.1 LI' LLJ CURB INLET 2 (n 24" PUBLIC STORM LATERAL B-1 LLI' CURB INLET TRACT 1 FORT WORTH HERITAGE DEVELOPMENT, LLC (INST. NO. D215200243) ZONED: SY-TSA Z � PROPOSED //-NILES CITY BLVD -j = LOT 1, BLOCK 10 U 3.4931 ACRES w a I ~ 152 160 SQ FT -- — Q� QF- - -- w0 IT -- --=W UQ ' PROPOSED u LOT 1, BLOCK 11 a 2.0981 ACRES ' 91,394 SQ. FT. I 2 LEGEND O PROPOSED STORM LINE Z EXISTING STORM LINE KAI ROI STOCKYARDS MULTIFAMILY 0 GRAPHIC SCALE IN FEET 200 CITY PROJECT NO. 104233 OWNER/DEVELOPER: I I I w�< IPRC: 22-0129 KAIROI PROPERTIES, LLC — FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 boa AUGUST 2023 SAN ANTONIO, TX 78205 EXHIBIT B-1 STORM DRAIN IMPROVEMENTS SHEET 3 OF 3 Kimley*Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of�Texas EReglsttnation No. -9288uLEow PROPOSED LOT I, BLOCK 0 8943 ACRES 38,957 SQ. FT. w TYPE 11 WITH (1) ONE TYPE 33B ARM SWIFT & ARMOUR BOULEVARD ' ~ Z O 10' WASHINGTON, STOCKYARD RED (AN 80-FOOT WIDTH RIGHT-OF-WAY) GRAPHIC SCALE IN FEET POWDER COATED w z 0 20 40 80 I I I �►1 li •/ �U 1 LU' o Q I [PROPOSEID LOT 1�, BLOCK 6' J PROPOSED L� BLO 0 ED LOT 1! B 1 7936 ACRES 32,777 SQ. FT. 78,130 SQ FT. 7 — AA LEGEND PROPOSED TYPE 11 STREET LIGHT PROPOSED WASHINGTON STREET LIGHT IL PROPOSED LOT 1, CK 2 1.4247 ACRES .�� 62,060 SQ. FT. ^r+- I T SWIFT & ARMOUR BOULEVARD TYPE 11 WITH (1) ONE TYPE 33B ARM ' (AN 80-FOOT WIDTH RIGHT-OF-WAY) 10' WASHINGTON, STOCKYARD RED %POWDER COATED I 1 I I PROP 3b ED 7 SQ.. BS. 6 — FT KAI RO I STOCKYARDS MULTIFAMILY 0 GRAPOHIC SCO LE IN FEET 80 CITY PROJECT NO. 104233 OWNER/DEVELOPER: I I w« IPRC: 22-0129 KAIROI PROPERTIES, LLC G� FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 �05 AUGUST 2023 SAN ANTONIO, TX 78205 1 EXHIBIT C STREET LIGHTS AND SIGNS IMPROVEMENTS SHEET 1 OF 4 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of�Texas ERegistration No. -9288uLEow N W Li fn LU z J 2 U Q 3 --- �i, ji zr L SWIFT & ARMOUR BOULEVARD TYPE 11 WITH (1) ONE TYPE 33B Al _ _ _ _ _M (AN 80-FOOT WIDTH RIGHT-OF-WAY) 10' WASHINGTON, STOCKYARD RED POWDER COATED I I 1 I Ii I �mmm MATCH LINE SHEET 3 r PROPOSED LOT 1, BLOCK 5 ICI ^ Lrj0657 ACRES�' 28,345 SQ. FT. _ k�j GRAPHIC SCALE IN FEET 0 2I 0 40 I 80 I PROPOSED LOT 1, BLOCK 10 3.4931 ACRES 152,160 SQ. FT. YY ROPOIED LOCI, BLOCK 4� 1.4455 ACRES 62,966 SQ. FT. 1 _ TYPE 11 w I WITH (1) U 1 ONE TYPE d L10' WASHINGTON, 33B ARM I 1 STOCKYARD RED -f�L POWDER COATED U wZ ' U w Q A � � 'l o I 1 I O w n F � ❑ a PROPOSED F 0O O O L04,130 CRES ' SQ. FF. I w 152,160 SQ. FT. O 0 z MATCH LINE SHEET 4 KAI RO I STOCKYARDS MULTIFAMILY CITY PROJECT NO. 104233 OWNER/DEVELOPER: w« IPRC: 22-0129 KAIROI PROPERTIES, LLC G�� FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 205 AUGUST 2023 SAN ANTONIO, TX 78205 LEGEND �- -; PROPOSED TYPE 11 STREET LIGHT r PROPOSED WASHINGTON STREET LIGHT EXHIBIT C STREET LIGHTS AND SIGNS IMPROVEMENTS SHEET 2 OF 4 Kimley>>> Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of�Texas ERegistration No. -9288uLEow MATCH LINE SHEET 4 T-7 GRAPHIC SCALE IN FEET 0 20 40 80 I I I I- t II III 1 1�1 0 PROPOSED STREET B� (AN 60-FOOT WIDTH RIGHT-OF-WAY) _ — c PROPOSED LOT 1, BLOCK 11 2 0981 ACRES 91,394 SQ. FT. W 10' WASHINGTON, STOCKYARD RED d POWDER COATED fn TYPE 11 WITH (1) ONE TYPE 33B ARM Z O w z J U PROPOSED H Q LOT 1, BLOCK 10 3.4931 ACRES 152,160 SQ. FT. ' LEGEND T �ul � PROPOSEDTYPE11 ROPOSE LOT LOCK -�- 07524 ACRES STREET LIGHT 32,777 SQ. FT. �f L� PROPOSED WASHINGTON O J STREET LIGHT Lu a w cq TYPE 11 WITH (1) ONE TYPE 33B ARM = w H 10' WASHINGTON, STOCKYARD RED = O POWDER COATED cn W LLI Z Z_ J J Q Q PROPOSED LOT 1, BLOCK 10 3.461 ACRES 152,160 SQ. FT. KAI RO I STOCKYARDS MULTIFAMILY CITY PROJECT NO. 104233 OWNER/DEVELOPER: IPRC: 22-0129 KAIROI PROPERTIES, LLC wFORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 boa AUGUST 2023 SAN ANTONIO, TX 78205 EXHIBIT C STREET LIGHTS AND SIGNS IMPROVEMENTS SHEET 3 OF 4 Kimleyl Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of Texas Registration No. 928 10' WASHINGTON, STOCKYARD RED POWDER COATED --. ❑E TRACT — FORT WORTH HERITAGE DEVELOPMENT, LLC (INST. NO. D215200243) ZONED: SY-TSA GRAPHIC SCALE IN FEET 0 20 40 80 Xi 0 0 U LEGEND 0 U Q �--; PROPOSED TYPE 11 STREET LIGHT r PROPOSED WASHINGTON STREET LIGHT M� wM m o 0H KAIROI STOCKYARD CITY PROJECT NO. 104233 OWNER/DEVELOPER: IPRC: 22-0129 KAIROI PROPERTIES, LLC wz� FORT WORTH, TEXAS 711 NAVARRO ST, SUITE 400 boa AUGUST 2023 SAN ANTONIO, TX 78205 PROPOSED LOT 1BLOCK 10 3.461 ACRES 152,160 SQ. FT. (V TYPE 11 WITH (1) ONE TYPE 336 ARM \ I w Lu EXCHANGE AVE cxn Lu (AN VARIABLE WIDTH RIGHT-OF-WAY) Z J (L x TRACT 2 FORT WORTH HERITAGE DEVELOPMENT, LLC (INST. NO. D215200243) ZONED: SY-TSA ❑ PROPOSED LOT 1, BLOC 8 0.7125 ACRES - 31,035 SQ.FT. 10' WASHINGTON, STOCKYARD REDO POWDER COATED �— M w Lu w U) M W z J x U Q PACKERS AVE. (A VARIABLE WIDTH RIGHT-OF-WAY) GRAPHIC SCALE IN FEET !0 20 40 80 I S MULTIFAMILY EXHIBIT C STREET LIGHTS AND SIGNS IMPROVEMENTS SHEET 4 OF 4 Kimleyl Horn 801 Cherry Street, Unit 11 Suite 1300 Fort Worth, TX 76102 817-335-6511 State of Texas Registration No. 928 W 42 43 DAP- BID PROPOSAL Page 1 of2 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidhst Iteml No. Description I Specification Section No. I Umt of Measure I Bid Quantity Umt Pme I Bid Value UNIT I: PAVING IMPPOVEMENTS 1 3214.0100 Brick Pvmt 32 14 16 SY 823 $108.00 $88,884.00 2 3123.0101 Unclassified Excavation by Plan 31 2316 CY 1,106 $3.50 $3,871.00 3 3123.0103 Borrow by Plan 31 2323 CY 1,878 $16.00 $30,048.00 4 3124.0101 Embankment by Plan 31 24 00 CY 773 $4.00 $3,092.00 5 3110.0101 Site Clearing 311000 LS 1 $9,350.00 $9,350.00 6 0171.0102 As -Built Survey 01 71 23 LS 1 $3,500.00 $3,500.00 7 3211.0400 Hydrated Lime 3211 29 TN 833 $290.05 $241,611.65 8 3211.0502 8" Lime Treatment 3211 29 SY 11,197 $3.45 $38,629.65 9 3125.0101 SWPPP t 1 acre 312500 LS 1 $7,500.00 $7,500.00 10 3217.0001 4" SLD Pvmt Marking HAS (W) 32 17 23 LF 976 $5.00 $4,880.00 11 3217.0002 4" SLD Pvmt Marking HAS (Y) 32 17 23 LF 1018 $10.00 $10,180.00 12 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 1360 $25.00 $34,000.00 13 3217.1006 Lane Legend Bike 32 17 23 EA 5 $150.00 $750.00 14 3217.2103 REFL Raised Marker TY II -A -A 321723 EA 13 $15.00 $195.00 15 3292.0100 Block Sod Placement 32 92 13 SY 3050 $8.37 $25,528.50 16 3291.0100 Topsoil 3291 19 CY 347 $46.98 $16,302.06 17 3441.4003 FumishAnstall Alum Sign Ground Mount City Std. 3441 30 EA 10 $160.00 $1,600.00 18 0241.0401 Remove Concrete Drive 0241 13 SF 3,705 $1.25 $4,631.25 19 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 243 $12.00 $2,916.00 20 9999.9999 10.5" Conc Pvmt 32 13 13 SY 9,089 $130.05 $1,182,024.45 21 3213.0103 8" Conc Pvmt 32 13 13 SY 3,506 $114.69 $402,103.14 22 3213.0301 4" Conc Sidewalk 32 13 20 SF 29,467 $12.07 $355,666.69 23 3471.0001 Traffic Control 3471 13 MO 6 $4,048.33 $24,289.98 TOTAL UNIT I: SAVING IMPR 5VEMENTS $2,491,553.37 UNIT II: DRAINAGE IMPROVEMENTS 1 3349.0001 4' Storm Junction Box 33 49 10 EA 5 $13,051.00 $65,255.00 3 3349.0002 5' Storm Junction Box 33 49 10 EA 2 $12,531.00 $25,062.00 2 3349.0003 6' Storm Junction Box 33 49 10 EA 3 $15,391.00 $46,173.00 4 3349.0004 7' Storm Junction Box 33 49 10 EA 3 $18,901.00 $56,703.00 5 3305.0108 Miscellaneous Structure Adjustment 33 05 14 EA 1 $4,500.00 $4,500.00 6 3349.5001 10'Curb Inlet 334920 EA 13 $8,500.00 $110,500.00 7 3349.5002 15' Curb Inlet 33 49 20 EA 2 $9,000.00 $18,000.00 8 3341.0201 21" RCP, Class III 3341 10 LF 326 $84.00 $27,384.00 9 3341.0206 24" RCP, Class III 3341 10 LF 632 $96.00 $60,672.00 10 3341.0309 36" RCP, Class III 3341 10 LF 798 $172.00 $137,256.00 11 3341.0409 48" RCP, Class III 3341 10 LF 555 $273.00 $151,515.00 12 3341.0502 54" RCP, Class III 3341 10 LF 243 $346.00 $84,078.00 13 3341.0602 60" RCP, Class III 3341 10 LF 382 $395.00 $150,890.00 14 3339.1101 5' Manhole 33 39 10, 33 39 20 EA 3 $12,531.00 $37,593.00 15 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 3 $13,051.00 $39,153.00 TOTAL UNIT II: DRAINAGE IMPROVEMENTS $1.014.734.00 UNIT III: STREET LIGHTING & SIGNAGE IMPROVEMENTS 1 2605.3016 2" CONDT PVC SCH 80 (T) 26 05 33 LF 4270 $17.50 $74,725.00 2 2605.3016 2" CONDT PVC SCH 80 (B) 26 05 33 LF 60 $28.50 $1,710.00 3 2605.3014 2" CONDT RM (Riser) 260533 LF 30 $50.00 $1,500.00 4 3441.3303 Rdwy Ilium Foundation TY 7 3441 20 EA 56 $1,150.00 $64,400.00 5 3441.3037 FumishAnstall 10'- 14' Washington Standard Light Pole & Fixture LED 3441 20 EA 56 $4,285.00 $239,960.00 6 3441.1501 Ground Box Type B 344110 EA 13 $700.00 $9,100.00 7 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 11940 $2.00 $23,880.00 8 3441.1406 NO 2 Insulated Elec Condr 3441 10 LF 270 $3.50 $945.00 9 3441.1772 FumishAnstall 240-480 Volt Single Phase Transocket Metered Pedestal 3441 20 EA 1 $8,500.00 $8,500.00 10 3441.3050 FumishAnstall LED Lighting Fixture (70 watt ATBO Cobra Head) 3441 20 EA 11 $375.00 $4,125.00 11 3441.3301 Rdwy Ilium Foundation TY 1,2, and 4 3441 20 EA 11 $1,250.00 $13,750.00 12 3441.3351 FumishAnstall Rdway Ilium TY 11 Pole 3441 20 EA 11 $2,357.00 $25,927.00 13 3441.1646 FumishAnstall Type 33B Arm 3441 20 EA 11 $465.00 $5,115.00 TOTAL UP IT III: STREET LIGHTING & S GNAGE IMPROVEMENTS $473,637.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROTECTS Form Versma May 22, 2019 2023-0925 - Karror - Stockyards MF PD_Brd IIem Lrst- Completed per Approved IPRC Plevs 9-7-23 xis 00 42 43 DAP- BID PROPOSAL Page 2 of2 Bid Summary UNIT I: PAVING IMPROVEMENTS UNIT II: DRAINAGE IMPROVEMENTS UNIT III STREET LIGHTING & SIGNAGE IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Weis Builders 520 E. Corporate Be Suite 500 Dallas, TX 75057 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION Total Construction Bid BY: Damian Millisor Damian Milli e TITLE: Project Manager DATE: 9/25/2023 270 w0rkiug days after the date when the $2,491,553.37 $1,014,734.00 $473,637.00 $3,979,924.37 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROTECTS Fonv Verstoa May 22, 2019 2023-0925 - Karroo - Stockyards MF PD_B�d hem Ls.- Completed per Approved IPRC Plevs 9-7-23 xls