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Contract 61300
Received Date: 04/22/24 Received Time: 11:38 a.m. Developer and Project Information Cover Sheet: Developer Company Name: Lennar Homes of Texas Land and Construction, Ltd. Address, State, Zip Code: 1707 Market Place Blvd #100, Irving, TX 75063 Phone & Email: 469-587-5383; jennifer.eller@lennar.com Authorized Signatory, Title: Jennifer Eller, Authorized Agent Project Name: Deer Creek Meadows Phase 8 Brief Description: Water, sewer, paving, drainage, and streetlight Project Location: W Risinger Rd & N Crowley Rd Plat Case Number: None provided Plat Name: None provided Mapsco: 117E & F Council District: 6 CPN 104554 IPRC22-0167 CFA Number: 24-0021 City Project Number: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 1 of 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City Contract Number: 61300 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 Lennar Homes of Texas Land and Construction, Ltd. ("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 Deer Creek Meadows Phase 8 ("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. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 2 of 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 ❑X Exhibit B-1: Storm Drain Exhibit C-1: 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-1, 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 Standard Community Facilities Agreement Rev. 9/21 Page 3 of 17 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 Standard Community Facilities Agreement Rev. 9/21 Page 4of17 (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. 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. 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 Standard Community Facilities Agreement Rev. 9/21 Page 5 of 17 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 ON ACCOUNT OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (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 IN ANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 6 of 17 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: DEVELOPER: Development Coordination Office Lennar Homes of Texas Land City of Fort Worth and Construction, Ltd. 200 Texas Street 1707 Market Place Blvd #100 Fort Worth, Texas 76102 Irving, TX 75063 With copies to: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 7 of 17 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 Standard Community Facilities Agreement Rev. 9/21 Page 8 of 17 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 Standard Community Facilities Agreement Rev. 9/21 Page 9 of 17 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 Standard Community Facilities Agreement Rev. 9/21 Page 10 of 17 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 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 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 11 of 17 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. 36. Pipeline License from BNSF Railway Company (a) A portion of the Improvements will be constructed on property owned by BNSF Railway Company ("BNSF"). A pipeline license between the City and BNSF is necessary for Developer to construct the portion of the Improvements on BNSF's property ("License"). To date, the License has not been executed. Developer desires to execute this Agreement and begin work outside of BNSF's property pursuant to this Agreement before the License is executed. City consents to Developer beginning the work outside BNSF's property subject to the provisions in this Section 36 and the remaining terms and conditions of this Agreement. (b) Notwithstanding anything to the contrary herein, Developer shall not perform any construction within BNSF's property until the License is executed and Developer has met all requirements of the License to begin construction. Developer shall not enter on BNSF's property until the License is issued. Developer shall ensure its contractors do not enter into or perform any work on BNSF's property until the License is issued. Developer shall ensure that all work performed by its contractors and all entry onto BNSF's property is performed in accordance with the License. (c) Developer understands that the City has no control over the issuance of the License and that the Improvements outside BNSF's property may be completed months before the License is issued. Developer further understands that the License may never be executed, which will require Developer to redesign and reconstruct portions of the Improvements at Developer's sole cost and expense. City shall not be liable in any form for Developer proceeding to construction prior to the License being executed. City shall not release the hold on the final plat for the Project until the Improvements are constructed and accepted by the City. (d) BY CHOOSING TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL ECONOMIC DAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL OR City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 12 of 17 ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, 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 BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S DECISION TO PROCEED TO CONSTRUCTION BEFORE THE LICENSE IS EXECUTED. 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 ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES 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 (1) CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE ISEXECUTED, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTION OF THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED OR DEVELOPER'S CHOICE TO CONSTRUCT THE IMPROVEMENTS BEFORE THE LICENSE IS EXECUTED, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OFFORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 13 of 17 37. Cost Summary Sheet Project Name: Deer Creek Meadows Phase 8 CFA No.: 24-0021 City Project No.: 104554 IPRC No.: 22-0167 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Developer's Cost $ 2,821,796.20 $ 2,507,437.45 $ 5,329,233.65 $ 2,183,854.94 $ 3,042,039.04 $ 319,789.66 $ 5,545,683.64 Total Construction Cost (excluding the fees): $ 10,874,917.29 Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one $101,400.00 $27,685.00 $3,450.00 $ 132,535.00 Amoun t Choice Mark one Bond = 100% $ 2,200,000.00 X Completion Agreement = 100% / Holds Plat $ 8,674,917.29 X Cash Escrow Water/Sanitary Sewer= 125% $ 6,661,542.06 Cash Escrow Paving/Storm Drain = 125% $ 6,932,104.55 Letter of Credit = 125% $ - Escrow Pledge Agreement = 125% $ 13,593,646.61 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 14 of 17 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 Nita. earlhdo# Dana Burghdoff (Apr 0, 2024 00 CDT) Dana Burghdoff Assistant City Manager Date: Apr 20, 2024 Recommended by: Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (Apr 19, 202413:48 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Apr 19, 2024 Form 1295: N/A ATTEST: A Jannette S. Goodall City Secretary City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER Lennar Homes of Texas Land and Construction Ltd. a Texas limited partnership By: U.S. Home, LLC a Delaware limited liability company (as successor -in -interest by conversion from U.S. Home Corporation, a Delaware Corporation) its General Partner 4VVV4 . Jennifer Eller (Apr 19, 2024 10:33 CDT) Jennifer Eller Authorized Agent Apr 19, 2024 Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Owen (Apr 19, 202413:45 CDT) Rebecca Diane Owen Development Manager Page 15 of 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment O Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions O Location Map O Exhibit A: Water Improvements O Exhibit A-1: Sewer Improvements O Exhibit B: Paving Improvements O Exhibit B-1: Storm Drain Improvements O Exhibit C-1: Street Lights and Signs Improvements O Cost Estimates (Remainder of Page intentionally Left Blank) City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 16 of 17 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 104554 Negotiated changes are contained in the body of the Agreement. City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 17 of 17 e:\10805 — deer creek meadow \Plans\CFA\PH-8\10805—DCM—PH8—CFA.dwg Wed Jan 24 2024 08:23 F CITY 0 OWNED/DEVELOPED BY: HK M HAD OWS ASE LOCATED IN Ir EXAS FO-111 V V OR I Hq TEXAS CPN : 104554 MAPSCO NO. : 117 E & F BLOOMFIELD HOMES, LP JAUA R Y 2024 ENGINEER/SURVEYOR: r GM civil Engineering & Surveying n:\10805 — doer creak moodow\P|onn\CFA\PH-8\10805—DCW—PH8—CFA.deg Wed Jon 24 2024 08:23 OVOli A31M11100 w z�w SCALE: i = 600' ILu w OBw1E ROAD. w GVOai►da dSNa 3A140.�IA3N 133111S U31NAOd FUTURE STLL POND DRIVE 1133HS 33S - 3NI1HJLV W EXISTING WATER LINE OWNED/DEVELOPED BY SHEET 2 OF 2 e:\10805 — deer creek meadow\Plans\CFA\PH-8\10805—DCM—PH8—CFA.dwg Wed Jan 24 2024 08:24 w z+. SCALE: P=600, CpTIT.1o*554 cc (,) 0 7 W W CC W LO .......- '514 cc 0 z 0 0 oi 72(al UJ CC = a 28 2 w cc cc w 1— Z 1 133HS 33S - 3N1-11-131VIN CC 111 Ui 0 in CC 0 111 LU 0 CC W M.K.C.RAILROAD empluix OWNED/DEVELOPED BY. - \ \ en\ SHEET 2 OF 2 o:\10805 — door creek meodo*\Pons\CFA\PH-8\10805—DCW—PH8—CFA.d~g Wed Jon 24 2024 08:24 deer creek meodv*\P|onn\CFA\PH-8\10805—DCM—PH8—CRA.d*g Wed Jon 24 2024 08:25 u) 0 co •I :.2 1 r, ''' co I I— 1.--- 40 d . t 2 O 1..-. 2= '-. •0 Nzl c'• ......... c.);. -4- o izi ± 21`.1 NI- 91 ZN- CO N co. 04 :' _ wL--gi cst j gi ... CA csi : gl '•••••111L,.i7;1 '1;7, ..... ....—',"!.., •“. :‘....; • ‹,,4:-:',..:-..1.• 4 ;...,' s saISA3SO ,-.. Olio, NiN 'CNINICNi— —i— — CV , Clif031 A31M1100 N. e:\10805 — deer creek meadow\Plans\CFA\PH-8\10805—DCM—PH8—CFA.dwg Wed Jan 24 2024 08:25 deer creek maodnn\P|ono\CFA\PH-8\10805—DCM—PH8—CFA.d*g Wed Jon 24 2024 08:25 u) 0 co 0 (L; 01f0t1 A31M1100 N SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Deer Creek Meadows Phase 8, City Project #104554 UNIT PRICE BID Project Item Information Bidder's Proposal Bidlist Item Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Street Lighting Facilities 1 2605.3011 2" CONDT PVC SCH 40 (T) 26 05 33 LF 4,396 $15.43 $67,830.28 2 3441.1405 NO 2 Insulated Elec Condr 34 41 10 LF 3,819 $3.96 $15,123.24 3 3441.1408 NO 6 Insulated Elec Condr 34 41 10 LF 9,369 $2.06 $19,300.14 4 3441.1633 Type 33B Arm 34 41 20 EA 48 $442.00 $21,216.00 5 3441.3201 LED Lighting Fixture (R-2) 34 41 20 EA 44 $386.00 $16,984.00 6 3441.3201 LED Lighting Fixture (R-4) 34 41 20 EA 4 $386.00 $1,544.00 7 3441.3341 Rdwy Ilium TY 11 Pole 34 41 20 EA 48 $2,043.00 $98,064.00 8 3441.3301 Rdwy Ilium Foundation TY 1,2, and 4 35 41 20 EA 48 $1,661.00 $79,728.00 Street Lighting Subtotal Bid Summa ry Street Lighting Facilities Subtotal Total Bid $319,789.66 $319,789.66 This bid is submitted by the entity listed below: Company: Independent Utility Construction, Inc. Street Address: 5109 Sun Valley Dr City, State, Zip Code: Fort Worth, TX 76119 Phone: 817-478-4444 Signature Title: President Date: 02/20/2024 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 35 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 BID PROPOSAL -DEVELOPER AWARDED PROJECTS Fonn Revised JanuaO' 29, 2020 Deer Cask Meadows, Phom 8 City Project #104554 00 42 43_Bid Proposal SECTION 00 42.43 Developer Awarded Projects - PROPOSAI. FORM Deer Creek Meadows Phase 8, City Project 8104554 UNIT PRICE BID Project Item information LH Lacy Bidlisi Item Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Water Facilities 1 0241,0100 Remove & Replace 5' Sidewalk 0241 13 LF 403 576.74 $30,926.22 2 0241.0300 Remove ADA Ramp 0241 13 EA 1 $845.95 $845.95 3 0241.1106 16" Pressure Plug 02 41.14 EA 1 $483,89 $483.89 4 0241.1118 4'-12"Pressure Plug 02 41 14 EA 10 5225.86 $2,258.60 5 3213.0501 Barrier Free Ramp, Type R-1 32'1320 EA 1 $3,194.71 $3,194.71 6 3305,0003 8" Waterline Lowering 33 0512 EA 18 $4,452.08 $80,137.44 7 3305,0109 Trench Safety 33 05 10 IF 17,394 $0.38 $6,609.72 8 3305.1004 24' Casing By Open Cut 3305 22 LF 40 $216.57 $8,662,80 9 3305.1104 24" Casing By Other Than Open Cut 33 05 22 IF 120 5812.69 573,522.80 10 3305.1105 30" Casing By Other Than Open Cut 33 05 22 LF 100 $748.67 $74,867.00 11 3305.1105 30" Coated Casing By Other Than Open Cut 33 05 22 LF 110 $768,17 584,498.70 12 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 6.0 $28,834.41 $173,00646 13 3311,0241 8" PVC Water Pipe 33 11 10, 3311 12 LP 7,945 551,59 $409,882.55 14 3311.0451 12"DIP Water 33 11 10 LF 323 5139,25 544,977.75 15 3311.0452 12" DIP Water, CSS Backlit 331110 LF 100 5165.42 516,542.00 16 3311.0401 12' PVC Water Pipe 3311 10, 3311 12 LF 5,288 $93.38 $493,793.44 17 3311.0462 12' PVC Water Pipe, CSS Backfill 3311 10; 33 11 12 LF 160 5147.20 $23,552,00 18 3311.0541 16" PVC Water Pipe 33 11 10, 33 11 12 LF 9,083 $116.88 $360,341.04 19 3311.13547 16' PVC Water Pipe, CLSM Backfill 33 11 10; 33 11 12 LF 20 $356,99 $7,139.80 20 3311.0551 16" DIP Water 33 i1 10 LF 442 5182.03 580,457,26 21 3311.0557 16' DIP Water, CLSM Backlit 3311 10 LF 20 $392.76 97,855.20 22 3312.0001 Std. Fie Hydrant Assembly wl5" Gate Valve & Valve Box 33 1240 EA 26 $6,246,15 $156,153,75 23 3312,0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 1 $2,233.75 $2,233,75 24 3312.2003 1" Water Service (Domestic) 33 1210 EA 213 $1,292.55 5275,313.15 25 3312.2003 1' Water Service (irrigation) 33 1210 EA 3 $1,311.75 $3,935.25 26 3312.2203 2' WaterService (irrigation) 33 1210 EA 1 $3,416.81 $3,416.81 27 3312.3003 8' Gate Valve & Valve Box 33 12 20 EA 27 $2,063.93 $55,701.81 28 3312.3005 12" Gate Valve & Valve Box 33 12 20 EA 17 53,861.23 $65.640.91 29 3312.3006 16" Gate Valve w7Vault 33 12 20 EA 7 521,076,29 $147,534.03 30 3312.4114 16" x 12" Tapping Sleeve & Valve 33 12 25 EA 1 $10,587.57 510,587.57 31 9999.0001 Remove 12" W.L.. 00 00 00 LF 3,554 $8.79 $31,239,66 32 9999.0002 Remove Fire Hydrant 00 00 00 EA 7 5468.27 $3,277.89 33 9999,0003 Remove & Replace Gravel Drive (6" Flex Base) 00 00 00 SY 36 580.45 $2,896.20 34 9999.0005 Cut & Purge 24" Steel Casing 00 00 00 LF 50 $34.41 $1,720,50 35 9999.0006 Remove & Replace Concrete Pavement 00 00 00 SY 56 $203,66 $11,404.96 36 9999.0007 Reconnect Ex. Service to 16' W.L. 00 00 00 EA 10 $2,626.34 $26,263.40 37 9999,0009 Remove & Replace 2' Meter & Service Line 00 00 00 EA 2 $4,039,70 58,079.40 38 9999.0009 Install 16" W.L. By Other Than Open Cut 00 00 00 LF 25 $954.84 $23,871.00 39 9999.0010 Cut & Plug 12" W.L. 00 00 00 EA 1 $574.13 $574.13 40 9999.0011 Connect to Ex. 12" W.L. 00 00 00 EA 2 $4,198.35 $8,396,70 Water Subtotal 2,821,796.20 rill' OFFORT WORTH STANDARD COSTAletIOw DID puOFOSAI.$)es sLOPFR.sWvRDmA)RNECrS 11. Oak \I.s17-A,,pt :f GryfKfx1.101334 P)414I D311r. .1 a 41 0241.1118 4"-12" Pressure Plug 02 41 14 EA 2 $98.81 $197.62 42 3301.0002 Post -CCTV Inspection 33 01 31 LF 13791 $1.48 $20,410.60 43 3301,0101 VacuumTest Manholes 33 01 30 EA 49 $133.53 $6,542.97 44 3305.0109 Trench Safety 33 05 10 LF 13791 $0.90 $12,411,90 45 3305,0113 Trench Water Stops 33 0515 EA 22 $1,284.31 528,254.82 46 3305.1003 20' Casing By Open Cut 33 05 22 LF 113 $205.23 $23,190.99 47 3305.1004 24' Casing By Open Cut 33 05 22 LF 20 6276,34 $5,526.80 48 3331,3101 SDR-264"Sewer Services 33 31 50 EA 213 81,420,28 $302,519.64 49 3331A115. 8' SDR-26 PVC Sewer Pipe 3311 10, 33 31 12, 333120 LF 6396 $61.29 $392,010.84 50 3331.4116 8' PVC Sanitary Sewer Pipo wF CSS Backfill 33 11 10 3311 12, LF 309 6106.24 $32,628.16 51 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 1068 $119:02 8127,113,36 52 3331.4120 8" DIP Sewer Pipe, CSS Backfill 3311 10. LF 20 $149.58 $2,991,60 53 3331.4208 12" Sewer Pipe 3311 10, 33 31 12, 33 31 20. LF. 4307 8110.77 $477;086.39 54 3331.4200 12" Sewer Pipe, CSS Backfill 3311 10, 33 31 12, 3331 20 LF 1153 $137.24 $158,237.72 55 3331.4209 12" Sewer Pipe, beep Trench Backfill (CSS) 33 11 10, 33 31 12, 33 31 20 LF 1253 $248.54 $311,420.62 56 3331.4212 12' DIP Sewer 3311 10 LF 172 $172.60 $29,687.20 57 3331,5847 12" Sewer Pipe, CLSM Bacilli! 33 3120 LF 48 $347.28 $16,669,44 58 3339,0001 Epoxy Manhole Liner 33 39 60 VF 223 $453,99 $101,239.77 59 3339.1001 4`Std. Dia, Manhole 33 39.10' 33 39 20 EA 31 $5,56133 $172,413.63 60 3339.1002 4` Drop Manhole 33 39 10, 33 39 20 EA 2 $9,106.27 $18,212.54 61 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 159 $211.17 $33,578.03 62 3339,1101 5' Std, Dia. Manhole 333910' 33 39 20 EA 15 610,173.07 8152,596,05 63 3339:1102 5' Drop Manhole 33 39 10, 33 39 20 EA 1 612 912.61 $12,912,61 64 3339,1103 5 Extra Depth Manhole 33 39 19' 33.39 20 VF 177 $322.51 557,084.27 65 9999.0001 Connect to Existing 5' S,S.M.H. (w! Extemal Drop Connection) DO 00 00 EA 1 $7,319.49 $7,319.49 66 9999.0002 Connect to Existing 8' S.S. 00 00 00 EA 1 $1,503,10 $1,503.10 67 9999.0003 Connect to Existing 12' S.S: 00 00 00 EA ' 1 $1,728,A9 $i,728.49 60 9999.0004 Water -Tight Hinged MH Cover 00 00 00 EA 1 $1,750.72 $1,750.72 Sanitary Sewer Subtotal Storm Drain Facilities 69 3137,0104 Medium Riprap, dry 31 37 00 SY 936 6106.82 $99,983.52 70 3305.0109 Trench Safety 33 0510 LF 6,515 50,83 $5407:45 71 3305.0112 Concrete Collar 33 0517 EA 1 6821,81 $821.81 72 3341.0201 21" RCP, Class Ill 33 41 10 LF 244 $78.81 $19,229.64 73 3341.0205 24" RCP, Class III 33 41 10 LF 293 $82.45 $24,157.85 74 3341.0208 27" RCP, Class ill 33 41 10 LE 658 6106.75 $70,241.50 75 3341.0302 30" RCP, Class III 33 41 10 LF 545 8112.43 $61,274,35 76 3341.0309 36" RCP, Class III 33 41 10 LF 298 $143.81 642.855,38 77 3341.0402 42" RCP, Class 91 33 41 10 LF :308 $191.48 658,975.84 78 3341.0409 48" RCP. Class ill 33 41 10 LF 35 $230.59 $8,070.65 79 3341.1002 3x3 Box Culvert 33 41 10 IF 284 $271.75 S77,177.00 80 3341.1102 4x3 Box Culvert 33 41 10 LF 411 6297.86 8122,420.46 81 3341,1102 2 - 4x3 Box Culvert 33 41 10 LF 506 $585.90 5296,465.40 82 3341.1102 3 - 44 Box Culvert 33 41 10 LF 710 6872.15 6619,226.50 83 3341.1201 5x3 Box Culvert 33 41 10 LF 352 $352.88 S124,208,72 84 3341.1201 2 - 5x3 Box Culvert 33 41 10 f.F 566 6696.36 $394,139.76 85 3341,1202 5x4 Box Culvert 33 41 10 LF 1,305 6382.51 S499,175,55 88 3349.0001 4' Slonn Junction Box 33 49 10 EA 9 $5,073.95 $45,665.55 87 3349.0002 5' Storm Junction Box 33 49 10 EA 3 $8,142.15 $18,426.45 88 3349,0003 6' Storm Junction Box 33 4910 EA 3 $7,744.45 $23,233.35 89 3349,0004 7' Storm Junction Box 33 4910 EA 2 $8,812.65 $17,625.30 90 3349.0102 4' Manhole Riser 33 49 10 EA 12 $4,059.16 648,709.92 91 3349.4111 42' SET, 1 pipe 33 49 40 EA 2 $3,952.34 87,904,68 92 3349.5001 10' Curb Inlet 33 49 20 EA 16 $6,569A3 9105,110,88 93 3349.5002 15' Curb Inlet 33 49 20 EA 14 58,812.65 $123,377.10 94 3349,7001 4' Drop Inlet 33 49 20 EA 2 $6,676.25 $13,352.50 95 3349.7002 5' Drop Inlet 33 49 20 EA 2 $8,545.60 $17,091.20 96 9999,0001 6" Concrete (Channel Flume) 00 00 00 SY 229 596.14 $22,016.06 97 9999,0002 Remove 2-4x3 + 2-5x3 Flared Headwall, Connect to Ex. RCB 00 00 00 EA i $6,034.69 $6,034.69 98 9999.0003 Remove 5x3 Flared Headwall, Connect to Ex. RCB 00 00 00 EA 1 $2,203.84 $2,203.84 99 9999.0004 Remove 3-4x3 Straight Headwall, Connect to Ex. RCB 00 00 00 EA 1 $3,366.14 $3,366.14 100 9999.0005 12' x 4' Storm Junction Box 00 00 CO EA 2 618,159.40 $36,318.60 101 9999.0006 17' x 6' Storm Junction Box 00 00 00 EA 1 $27,773.20 $27,773.20 Storm Drain Subtotal Water/Sanitary Sower/Storm Drain Facilities Subtotal CITY OF FORTA0Rn1 STAMn,RIKOSIRc7:'n,wHID IRO,r9A Ae%lLA12R AWARDFDIROICC1S Rns RnitW h;.try ANN 68,371,272.69 DM desks, s, Itu.:1 LSp r,*,, 41015rt (932311V11hy.»il Paving Facilities 102 3211.0400 Hydrated Lime Q 30lbs,IS.Y. (Residential) 32 11 29 TON 440.0 $297.83 $131,045.20 103 3211.0400 Hydrated Lime la 36 lbsJS.Y. (Collector) 3211 29 TON 116.0 $297.83 $34,548.28 104 3211.0501 6" Lime Treated Subgrade (Residential) 32 1313 SY 29,285 53.10 $90,783.50 105 3211.0502 8" Lime Treated Subgrade (Collector) 32 11 29 SY 6,415 $3.60 523,094.00 106 3213.0101 6" Concrete Pavement (Residential) 3213;13 SY 27,395 $47.25 51,294,413.75 107 3213.0104 7.5" Concrete Pavement (Collector) 3213 13 SY 6,086 556.13 5341,807.18 108 3213.0301 5' Conc Sidewalk 31 13 20 LF 797 540.97 $32,653.09 109 3213.0301 8' Conc Sidewalk 3113 20 LF 2,288 $ 1.89 $118,724.32 110 3213.0501 12-1. Ramp 3213 20 EA 16 52,700.63 $43,338.08 111 3213.0506 P-1 Ramp 32 13 20 EA 14 $2,432.14 $34,049.96 112 3291.0100 Topsoil 3291 19 SY 1.845 $1.96 $3,616.20 113 3292.0400 Seeding, Hydromulch 32 92 13 SY 1,845 $3.73 86,881,85 114 3441A003 FurnisMnstall Alum Sign Grouted Mount City Std, 34 4130 EA 20 $496.38 $9,927.60 115 3741.0001 Traffic Control 3471 13. LS 1 54,750.00 $4,750.00 116 9999,0001 Concrete Header 0000 00 LF 58 514.39 $834.62 117 9999.0002 Type III End•of-Road Barricade 0000 00 EA 2 $1,504.80 $3,009.80 118 9999.0003 Connect to Existing Pavement 00 00 00 EA 2 $547.03 $1,094.06 119 9999,0005 111-1 Stop Sign 0000 00 EA 15 $88.83 $1,332A5 120 9999.0006 St Marker Blade 00 00 00 EA 80 5101.89 $8,151.20 Paving Subtotal Bid Summa WaterlSewerlStorm Drain Facilltios Subtotal $8,371,272.69 Paving Facilities Subtotal S2,183,854,94 Total Sid $10,655,127.63 This bid Is submitted by the entity listed below: Company: L,H. Lacy Company, Ltd. Street Address: 166o Crown Road City, Stale, Zip Code: Dallas, TX 76234 Phone: 214-667.0146 Cool r,i(or agrees to complete WORK for FINAL ACCEPTANCE within CON TRACT commences to run as pmddtd In the Gram' Conditions. cfwortD%T Ssbanl sTA\'O1oncros-rorc)1o3111DrE c's t4)ESsLOPEtt. W,tRDF))RGASITS Roo 23.NJ) Signature Title: Pr t"-5c��-1 Dale: L.(I I I v- 233 nerldngds3s ear tuskuUakm , host ClsyIN x114101531 COMPLETION AGREEMENT — SELF FUNDED This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership, 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 61.398 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-24-040; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Deer Creek Meadows Phase 8 for Water, Sewer, Storm Drain, Paving and 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 construct the on -site Community Facilities in the aggregate should not exceed the sum of Eight Million Six Hundred Seventy -Four Thousand Nine Hundred Seventeen Dollars and Twenty -Nine Cents ($8,674,917.29), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 1 of 12 costs of completion of the on -site 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, for the on -site Improvements 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 CFA Official Release Date: 07.01.2015 Page 2 of 12 Revised 08.18.2022 DH 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 Rebecca Owen, Development Manager Email: Rebecca.Owen@fortworthtexas.gov Confirmation Number: 817-392-7810 and/or CFA Division Email: zz DEVSVCS_CFA@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 CFA Official Release Date: 07.01.2015 Page 3 of 12 Revised 08.18.2022 DH City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Richard A. McCracken Sr. Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: U.S. Home Corporation 1707 Market Place Blvd # 100 Irving, TX 75063 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 CFA Official Release Date: 07.01.2015 Page 4 of 12 Revised 08.18.2022 DH 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 CFA Official Release Date: 07.01.2015 Page 5 of 12 Revised 08.18.2022 DH Executed 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: b 8r Dana Burghdoff (ApN20, 20241 :00 CDT) Dana Burghdoff Assistant City Manager Apr 20, 2024 Date: Approved as to Form & Legality: Richard McCracken (Apr 19, 202413:48 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C: N/A Date: Apr 19, 2024 ATTEST: Jannette Goodall City Secretary City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 07.01.2015 Page 6 of 12 DEVELOPER: Lennar Homes of Texas Land and Construction Ltd. a Texas limited partnership By: U.S. Home, LLC a Delaware limited liability company (as successor -in -interest by conversion from U.S. Home Corporation, a Delaware Corporation) its General Partner "p1 Jennifer Eller (Apr 19, 2024 10:33 CDT) Jennifer Eller Authorized Agent Date: Apr 19, 2024 Revised 08.18.2022 DH 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 CFA Official Release Date: 07.01.2015 Page 7 of 12 Revised 08.18.2022 DH ATTACHMENT "1" Changes to Standard Agreement Self -Funded Completion Agreement None. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 07.01.2015 Page 8 of 12 Revised 08.18.2022 DH EXHIBIT A LEGAL DESCRIPTION WHEREAS JEN HOLDCO 23 LLC, a Delaware limited liability company and BLOOMFIELD HOMES, L.P., a Texas limited partnership are the owners of a tract of land situated in the H. Walker Survey, Abstract No. 1622 and the J. Jennings Survey, Abstract No. 875, City of Fort Worth, Tarrant County, Texas, being all of that tract of land as described in deed to Jen Holdco 23 LLC, recorded in D223211080, Official Public Records, Tarrant County, Texas (OPRTCT), being a portion of Tract 1, Parcel C and a portion of Tract 1, Parcel D as described in deed to Bloomfield Homes, L.P., recorded in D220347026, OPRTCT, and being more particularly described as follows: BEGINNING at a 1/2" rebar capped GMCIVIL set (hereafter referred to as 1/2" rebar capped set) at the intersection of the east line of North Crowley Road (FM 731 — variable width R.O.W.) and the north line of McPherson Boulevard (R.O.W. per , OPRTCT), said point lying in the west line of said Bloomfield Tract 1, Parcel D; THENCE along the east line of said North Crowley Road and the west line of said Bloomfield Tract 1, Parcel D and said Bloomfield Tract 1, Parcel C, as follows: North 00 degrees 11 minutes 13 seconds West, a distance of 984.99 feet to a 1/2" rebar capped Goodwin & Marshall found at the beginning of a tangent curve to the left, having a radius of 2,924.80 feet; Northwesterly, along said curve, having a central angle of 03 degrees 45 minutes 22 seconds, an arc distance of 191.74 feet, and a chord that bears North 02 degrees 03 minutes 54 seconds West, 191.71 feet to a 1" rebar found at the northwest corner of said Bloomfield Tract 1, Parcel C and the southwest corner of a tract of land as described in deed to Edward Grace and wife, Susanne S. Grace, recorded in Volume 15645, Page 33, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 43 minutes 51 seconds East, departing the east line of said North Crowley Road, along the north line of said Bloomfield Tract 1, Parcel C, at a distance of 306.28 feet passing the northwest corner of said Jen Holdco 23 tract, at a distance of 1463.03 feet passing a 1" rebar found, continuing a total distance of 2,613.33 feet to a 1/2" rebar capped Goodwin & Marshall found at the northeast corner of said Jen Holdco 23 tract and the southeast corner of Lot 19, Block 1, Clark Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-118, Page 66, Plat Records, Tarrant County, Texas, being an angle point in the west line of Tract 1, Parcel A as described in deed to Bloomfield Homes, L.P., recorded in D220347026, OPRTCT, from which a 1" rebar found bears North 53 degrees 16 minutes West, 5.8 feet; THENCE along the east line of said Jen Holdco 23 tract, adjoined by a remainder City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 9 of 12 portion of said Bloomfield Tract 1, Parcel A and said Bloomfield Tract 1, Parcel C, as follows: South 23 degrees 36 minutes 19 seconds East, a distance of 84.49 feet a 1/2" rebar capped set; South 66 degrees 23 minutes 41 seconds West, a distance of 112.48 feet to a 1/2" rebar capped set; South 23 degrees 36 minutes 19 seconds East, a distance of 60.00 feet to a 1/2" rebar capped set; South 66 degrees 23 minutes 41 seconds West, a distance of 174.94 feet to a 1/2" rebar capped set at the beginning of a tangent curve to the left, having a radius of 470.00 feet; Southwesterly, along said curve, having a central angle of 35 degrees 10 minutes 25 seconds, an arc distance of 288.53 feet, and a chord that bears South 48 degrees 48 minutes 29 seconds West, 284.02 feet to a 1/2" rebar capped set at the end of said curve; South 29 degrees 54 minutes 01 second East, non -tangent to said curve, a distance of 9.84 feet to a 1/2" rebar capped set; North 89 degrees 35 minutes 15 seconds East, a distance of 7.26 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 50.00 feet to a 1/2" rebar capped set; South 89 degrees 35 minutes 15 seconds West, a distance of 32.73 feet to a 1/2" rebar capped set; South 56 degrees 04 minutes 04 seconds West, a distance of 16.67 feet to a 1/2" rebar capped set at the beginning of a non -tangent curve to the left, having a radius of 470.00 feet; Southwesterly, along said curve, having a central angle of 22 degrees 21 minutes 03 seconds, an arc distance of 183.35 feet, and a chord that bears South 10 degrees 45 minutes 47 seconds West, 182.19 feet to a 1/2" rebar capped set at the end of said curve; South 00 degrees 24 minutes 45 seconds East, tangent to said curve, a distance of 32.06 feet to a 1/2" rebar capped set; South 45 degrees 24 minutes 45 seconds East, a distance of 14.14 feet to a 1/2" rebar capped set; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 07.01.2015 Page 10 of 12 Revised 08.18.2022 DH South 00 degrees 24 minutes 45 seconds East, a distance of 50.00 feet to a 1/2" rebar capped set; South 44 degrees 35 minutes 15 seconds West, a distance of 14.14 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 400.00 feet to a 1/2" rebar capped set; South 45 degrees 24 minutes 45 seconds East, a distance of 14.14 feet to a 1/2" rebar capped set in the north line of said McPherson Boulevard (110' R.O.W.) at the southeast corner of said Jen Holdco 23 tract; THENCE along the north line of said McPherson Boulevard, as follows: South 89 degrees 35 minutes 15 seconds West, at a distance of 1829.56 feet passing the southwest corner of said Jen Holdco 23 tract, continuing a total distance of 2109.57 feet to a 1/2" rebar capped set; North 45 degrees 17 minutes 59 seconds West, a distance of 28.23 feet to the POINT OF BEGINNING and containing 2,674,514 square feet or 61.398 acres of land. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 07.01.2015 Page 11 of 12 Revised 08.18.2022 DH EXHIBIT B APPROVED BUDGET Section I Water $2,821,796.20 Sewer $2,507,437.45 Sub -total $5,329,233.65 Section II Interior Streets Storm Drains Sub -total Section III Street Lights Sub -total $2,183,854.94 $3,042,039.04 $5,225,893.98 $319,789.66 $319,789.66 TOTAL (Includes off -site and on -site costs) $10,874,917.29 TOTAL (On -site costs only) $8,674,917.29 City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 07.01.2015 Page 12 of 12 Revised 08.18.2022 DH