Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 61438
Received Date: 5/20/2024 Received Time: 11:53 a.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: CFA Number: None provided 20-S 21-0129 NewPad Building Company LLC 4450 Oak Park Lane, Fort Worth, TX 76109 208-866-0166, ccon2er(cr�,con2er2roumcom Cooper Conger, Manager Trails of Fossil Creek Water, Sewer, Paving, Storm Drain, and Streetlight 451 W Bonds Ranch Rd Plat Name: I None provided Council District: City Project Number: Kll CPN 103296 I IPRC21-0059 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 61438 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 NewPad Building Company LLC, a Texas limited liability company ("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 Trails of Fossil Creek ("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 of Fort Worth, Texas CITY SECRETARY Page 2 of 16 Standard Community Facilities Agreement Rev. 9/21 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 X❑ Exhibit A-1: Sewer ® Exhibit B: Paving © Exhibit 13-1: 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 Page 3 of 16 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 by April 1, 2026 ("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 16 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 16 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 16 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: NewPad Building Company LLC 4450 Oak Park Lane Fort Worth, TX 76109 Page 7 of 16 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 16 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 16 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 16 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 16 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 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Trails of Fossil Creek CFA No.: 21-0129 City Project No.: 103296 IPRC No.: 21-0059 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 190,192.92 2. Sewer Construction $ 184,676.60 Water and Sewer Construction Total $ 374,869.52 B. TPW Construction 1. Street $ 356,676.14 2. Storm Drain $ 122,250.00 3. Street Lights Installed by Developer $ 41,998.00 4. Signals $ - TPW Construction Cost Total $ 520,924.14 Total Construction Cost (excluding the fees): $ 895,793.66 Estimated Construction Fees: C. Construction Inspection Service Fee $47,000.00 D. Administrative Material Testing Service Fee $2,842.00 E. Water Testing Lab Fee $150.00 Total Estimated Construction Fees: $ 49,992.00 Choice Financial Guarantee Options, choose one Amount (Mark one Bond = 100% $ 895,793.66 Completion Aqreement = 100% / Holds Plat $ 785,575.16 X Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Pavinq/Storm Drain = 125% Letter of Credit = 125% $ 137,773.13 X Escrow Pledqe Aqreement = 125% City of Fort Worth, Texas Page 13 of 16 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 Zaha �r Gt6# Dana Burghdoff (May 20241d:45 CDT) Dana Burghdoff Assistant City Manager Date: May 20, 2024 Recommended by: /ice Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (May 20, 202410:16 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: May 20, 2024 Form 1295: N/A ATTEST: Jannette S. Goodall City Secretary �,o�vvnQ�Il o°-o Ovo=d °Qa p aCboEX b?g0p DEVELOPER NewPad Building Company LLC Cooper Conger Manager Date: May 20, 2024 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 (May 20, 2024 09:58 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 16 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 ❑X Exhibit A-1: Sewer Improvements X❑ Exhibit B: Paving Improvements © Exhibit B-1: Storm Drain Improvements © Exhibit C-1: Street Lights and Signs Improvements © Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. ] 03296 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 I k r I i i III 1 1 1 I i W BONDS RANCH RD -[I Iiiiiiiii SITEm*v = ISAJDY CREEK DR -(1 IIIHII.l� OWNED/DEVELOPED BY: C20 DEVELOPMENT LLC PO BOX 101654 4450 OAK PARK LANE FORT WORTH, TX 76109 PH: (208) 266-0166 EMAIL: COOPER CONGER PREPARED BY: MJ THOMAS ENGINEERING 4700 BRYANT IRVIN CT, STE: 204 FORT WORTH, TEXAS 76107 PH: (817) 732-9839 FAX: (817)732-9841 REGISTRATION NO. F-9435 CONTACT: MICHAEL THOMAS, P.E. r� =0 N.T.S. MAPSCO NO. 20-S COUNCIL DISTRICT 7 CITY PROJECT NO. 103296 CPN: 103296 LOCATION MAP FOR TRAILS OF FOSSIL CREEK (LOTS 1-27, 6X, & 13X, BLOCK MM) CITY OF FORT WORTH, TEXAS C T x CONNECT TC CPN 10053E X-2384 -EX 8" WL- - I MARBLE CREEK DR c� n m I r- Z Im LEAD CREEK DR PR8"WL CONNECT TO I -CPN 02251 m X-22598 x r I EMERALD CREEK DR OWNED/DEVELOPED BY: C20 DEVELOPMENT LLC PO BOX 101654 4450 OAK PARK LANE FORT WORTH, TX 76109 PH: (208) 266-0166 EMAIL: COOPER CONGER PREPARED BY: MJ THOMAS ENGINEERING 4700 BRYANT IRVIN CT, STE: 204 FORT WORTH, TEXAS 76107 PH: (817) 732-9839 FAX: (817)732-9841 REGISTRATION NO. F-9435 CONTACT: MICHAEL THOMAS, P.E. SCALE 1" = 100' FEET 0 50 100 CPN: 103296 —EX 8" WL- - CONNECT TO CPN 100538 X-2382-8 LEGEND - - - EXISTING WATER LINE PROPOSED WATER LINE EXHIBIT A WATER IMPROVEMENTS FOR TRAILS OF FOSSIL CREEK (LOTS 1-27, 6X, & 13X, BLOCK MM) CITY OF FORT WORTH, TEXAS i X 0 N N I t PR 8" SS MARBLE CREEK DR c� n 0 m r D Z m LEAD CREEK DR R PR 8" SS CONNECT TO I X-15792 DOE 4450 oli �n I I EMERALD CREEK DR OWNED/DEVELOPED BY: C20 DEVELOPMENT LLC PO BOX 101654 4450 OAK PARK LANE FORT WORTH, TX 76109 PH: (208) 266-0166 EMAIL: COOPER CONGER PREPARED BY: MJ THOMAS ENGINEERING 4700 BRYANT IRVIN CT, STE: 204 FORT WORTH, TEXAS 76107 PH: (817) 732-9839 FAX: (817)732-9841 REGISTRATION NO. F-9435 CONTACT: MICHAEL THOMAS, P.E. 70 rl --, z 00 70 N D N r SCALE 1" = 100' FEET 0 50 100 CPN:103296 LEGEND — — — EXISTING SEWER LINE PROPOSED SEWER LINE EXHIBIT Al SEWER IMPROVEMENTS FOR TRAILS OF FOSSIL CREEK (LOTS 1-27, 6X, & 13X, BLOCK MM) CITY OF FORT WORTH, TEXAS � VV I I MARBLE CREEK DR ,, F n � CONNECT TO Z CPN 02251 W231 0Z LEAD CREEK DR � I 6z,-7 -------------9 EMERALD CREEK DR OWNED/DEVELOPED BY: C20 DEVELOPMENT LLC PO BOX 101654 4450 OAK PARK LANE FORT WORTH, TX 76109 PH: (208) 266-0166 EMAIL: COOPER CONGER PREPARED BY: MJ THOMAS ENGINEERING 4700 BRYANT IRVIN CT, STE: 204 FORT WORTH, TEXAS 76107 PH: (817) 732-9839 FAX: (817)732-9841 REGISTRATION NO. F-9435 CONTACT: MICHAEL THOMAS, P.E. SCALE 1" = 100' FEET 0 50 100 CPN: 103296 0 LEGEND 29' B-B/50' ROW TYP. SIDEWALK BY DEVELOPER SIDEWALK BY HOMEBUILDER ADA RAMPS BY DEVELOPER EXHIBIT B PAVING IMPROVEMENTS FOR TRAILS OF FOSSIL CREEK (LOTS 1-27, 6X, & 13X, BLOCK MM) CITY OF FORT WORTH, TEXAS It MARBLE CREEK DR LEAD CREEK DR I EMERALD CREEK DR- OWNED/DEVELOPED BY: C20 DEVELOPMENT LLC PO BOX 101654 4450 OAK PARK LANE FORT WORTH, TX 76109 PH: (208) 266-0166 EMAIL: COOPER CONGER PREPARED BY: MJ THOMAS ENGINEERING 4700 BRYANT IRVIN CT, STE: 204 FORT WORTH, TEXAS 76107 PH: (817) 732-9839 FAX: (817)732-9841 REGISTRATION NO. F-9435 CONTACT: MICHAEL THOMAS, P.E. m m Z 70 D r SCALE 1" = 100' FEET 0 50 100 CPN: 103296 LEGEND EXISTING STORM DRAIN PROPOSED STORM DRAIN EXHIBIT B1 STORM DRAIN IMPROVEMENTS FOR TRAILS OF FOSSIL CREEK (LOTS 1-27, 6X, & 13X, BLOCK MM) CITY OF FORT WORTH, TEXAS • MARBLE CREEK DR c� n m r D Z m LEAD CREEK DR • • EMERALD CREEK DR OWNED/DEVELOPED BY: C20 DEVELOPMENT LLC PO BOX 101654 4450 OAK PARK LANE FORT WORTH, TX 76109 PH: (208) 266-0166 EMAIL: COOPER CONGER PREPARED BY: MJ THOMAS ENGINEERING 4700 BRYANT IRVIN CT, STE: 204 FORT WORTH, TEXAS 76107 PH: (817) 732-9839 FAX: (817)732-9841 REGISTRATION NO. F-9435 CONTACT: MICHAEL THOMAS, P.E. LEGEND ♦ PROPOSED STREET NAME SIGN • PROPOSED STREET LIGHTS SCALE 1"=100' EXHIBIT Cl FEET 0 50 100 STREET LIGHTS AND SIGN IMPROVEMENTS CPN: 103296 FOR TRAILS OF FOSSIL CREEK (LOTS 1-27, 6X, & 13X, BLOCK MM) CITY OF FORT WORTH, TEXAS 00 42 43 DAP - BID PROPOSAL Page 1 of4 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification I Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 0241.1000 Remove Concrete Paving 0241 15 SY 65 $5.00 $325.001 2 0241.1001 Water Line Grouting 0241 14 CY 2.5 $742.00 $1,855.001 3 0241.1013 Remove 8" Water Line 0241 14 LF 20 $25.00 $500.001 4 0241.1218 4"-12" Water Abandonment Plug 0241 14 EA 2 $1,500.00 $3,000.001 5 3305.0003 8" Waterline Lowering 3331 50 EA 3 $6,500.00 $19,500.001 6 3201.0614 Concrete Pavement Repair, Residential 3201 29 SY 65 $90.00 $5,850.001 7 3305.0109 Trench Safety 33 05 10 LF 752 $1.00 $752.001 8 3305.0110 Utility Markers 33 05 26 LS 1 $100.00 $100.001 9 3305.0111 Valve Box Adlustmenl 33 05 14 EA 2 $300.00 $600.001 10 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 1.47 $10,000.00 $14,700.001 11 3311.0261 8" PVC Water Pipe 3311 12 LF 752 $85.46 $64,265.921 12 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 3 $4,000.00 $12,000.001 13 3312.2003 1"Water Service 331210 EA 27 $1,835.00 $49,545.001 14 3312.3003 8" Gate Valve 33 12 20 EA 4 $2,300.00 $9,200.001 15 3471.0001 Traffic Control 34 37 13 MO 2 $4,000.00 $8,000.001 1 $190,192.921 1 UNIT II: SANITARY SEWER IMPROV MENTS 1 16 3301.0002 Post -CCTV Inspection 3301 31 LF 757 $1.50 $1,135.501 1 17 3301.0101 Manhole Vacuum Testing 3301 30 EA 4 $525.00 $2,100.001 1 18 3305.0109 Trench Safety 33 05 10 LF 757 $3.00 $2,271.001 1 19 3305.0113 Trench Water Stops 33 05 15 EA 4 $1,200.00 $4,800.001 20 3331.3101 4" Sewer Service 3331 50 EA 27 $2,056.00 $55,512.001 21 3331.4115 8" Sewer Pipe 33 11 10, 33 31 LF 757 $95.30 $72,142.101 22 3331.4116 8" Sewer Pipe, CSS Back -fill 33 11 10, 33 31 LF 40 $145.00 $5,800.001 23 3339.0001 Epoxy Manhole Linel 33 39 60 VF 15 $850.00 $12,750.001 24 3339.1001 4' Manhole 33 39 10, 33 3£ EA 3 $6,500.00 $19,500.001 25 3339.1003 4' Extra Depth Manhole 33 39 10, 33 3n/F 6 $361.00 $2,166.001 26 9999.0002 Connect to Existing Sewer Manhole By 3331 50 EA 1 Coring $6,500.00 $6,500.00 SUBTOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $184,676.601 UNIT III: DRAINAGE IMPROVEMENTS 27 3137.0101 Concrete Riprap 3305 10 SY 554 $54.00 $29,916.001 28 3305.0109 Trench Safety 33 05 10 LF 474 $2.00 $948.001 29 3305.0112 Concrete Collar for Junction Box on Grass Area 33 05 17 EA 1 $150.00 $150.00 30 3349.0001 4' Storm Junction Box 33 49 10 EA 3 $6,500.00 $19,500.001 31 3349.4105 24" SET, 1 pipe 33 49 40 EA 1 $3,500.00 $3,500.001 32 3349.5001 10' Curb Inlet 33 49 20 EA 4 $5,800.00 $23,200.001 33 9999.0003 Sloping Headwall EA 1 $3,500.00 $3,500.001 34 9999.0004 24" HP Polypropylene Storm Pipe 3341 10 LF 472 $88.00 $41,536.001 SUBTOTAL UN T III: DRAINAGE IMPROVEMENTS $122,250.001 CITY OF FORT WORTH Water, Sewer, Paving, Drainage Street Light Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS to Serve Trails of Fossil Creek Form Version May 22, 2019 City Project No. 103296 00 42 43 DAP - BID PROPOSAL Page 2 of 4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS $190,192.921 UNIT ll: SANITARY SEWER IMPROVEMENTS $184,676.601 UNIT III: DRAINAGE IMPROVEMENTS $122,250.001 TOTAL CONSTRUCTION BID $497,119.521 This Bid is submitted by the entity named below: BIDDER: Tejas Commercial Construction PO Box 10395 River Oaks, TX 76114 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: CharlesAllen TITLE: Vice President DATE: 01/23/2024 150 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water, Sewer, Paving, Drainage Street Light Improvements to Serve Trails of Fossil Creek City Project No. 103296 00 42 43 DAP - BID PROPOSAL Page 3 of 4 UNIT IV: PAVING IMPROVEMENTS 35 0241.0100 Remove Sidewalk 0241 13 SF 660 $2.00 $1,320.00 36 0241.1000 Remove Conc Pvmt 0241 15 SY 65 $20.00 $1,300.00 37 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 136 $5.00 $680.00 38 3201.0614 Conic Pvmt Repair, Residential 3201 29 SY 65 $498.50 $32,402.50 39 3211.0400 Hydrated Lime 32 11 29 TON 62 $325.00 $20,150.00 40 3211.0501 6" Lime Treatment 32 11 29 SY 3427 $4.50 $15,421.50 41 3213.0101 6" Conc Pvmt 32 13 13 SY 3222 $81.25 $261,787.50 42 3213.0301 4" Conc Sidewalk 32 1320 SF 150 $20.00 $3,000.00 43 3213.0501 Barrier Free Ramp, Type R-1 32 1320 EA 4 $3,500.00 $14,000.00 44 3292.0101 Utility Service Surface Restoration Sodding 3292 13 SF 1,242 $1.30 $1,614.60 45 3471.0001 Traffic Control 3471 13 MO 2 $450.00 $900.00 46 9999.0001 Street Signs 99 99 99 EA 6 $683.34 $4,100.04 SUBTOTAL 1NIT IV: PAVING IMPROVEMENTS $356,676.14 Bid Summary UNIT IV: PAVING IMPROVEMENTS $356,676.14 TOTAL CONSTRUCTION BID $356,676.14 This Bid is submitted by the entity named below: BIDDER: Stabile & Winn, Inc. PO Box 79380 Saginaw, TX 76179 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Jerry Henderson �— TITLE: Vie Pre ' ent DATE: 150 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Water, Sewer, Paving, Drainage Street Light Improvements to Serve Trails of Fossil Creek City Project No. 103296 00 42 43 DAP - BID PROPOSAL Page 4 of 4 NIT V: STREET LIGHT IMPROVEMENTS 47 2605.3015 2" CONDT PVC SCH 80 T 26 05 33 LF 280 $20.00 $5,600.00 48 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 840 $3.75 $3,150.00 49 3441.1502 Ground Box Twee S wl Apron EA 2 $750.00 $1,500.00 50 3441.1646 Furrlishllnstall Type 33B Arm EA 7 $364.00 $2,548.00 3441.3050 Furnish/Install LED Lighting Fixture (70 watt 51 ATBO Cobra Head) 34 41 20 EA _ _ _ 7 $450.00 $3,150.00 52 3441.3301 Rdwy Ilium Foundation TY 1,2 and 4 34 41 20 EA _ 7 $1,350.00 $9,450.00_ 53 3441.3351 Install Rdwat Illum TY 11 Pole 34 41 20 EA 7 $1,800.00 $12,600.00 54 3441.3411 Reconnect Conductor 34 41 20 EA 2 $750.00 $1,500.00 55 3441.3501 Salvaqe Street Light Pole 3441 20 EA 2 $1,250.00 $2,600.00 SUBTOTAL UNIT V: STREET LIGHT IMPROVEMENTS $41,998.00 Bid Summary UNIT V: STREET LIGHTING IMPROVEMENTS $41,998.00 TOTAL CONSTRUCTION BID $41,998.00 This Bid is submitted by the entity named below: BIDDER: Cand S Utility Contractors Inc' 6705 Highway 287 Arlington, TY 76001 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: Blake ,%Iebie ace TITLE: Ope t r ats-1Cianager DATE: Z J3/2( r END OF SECTION 150 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENl5 - D[A'FLOPER AWARDED PR07ECTS Form Version May 22, 2019 Water, Sexer, Paving, Drainage Street Light Emprovements to Serve Trails of Fossil Creek City Project No. 103296 COMPLETION AGREEMENT — SELF FUNDED This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and NewPad Building Company LLC, a Texas limited liability company, authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 4.478 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 PP-20-072; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Trails of Fossil Creek 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 complete the Community Facilities in the aggregate should not exceed the sum of Seven Hundred Eighty -Five Thousand Five Hundred Seventy -Five Dollars and Sixteen Cents ($785,575.16), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 1 of 10 the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the Citv Reauirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 2 of 10 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: CFA(&fortworthtexas.2ov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 3 of 10 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: NewPad Building Company LLC 4450 Oak Park Lane Fort Worth, TX 76109 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 Annly. 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. Le2al Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 4 of 10 H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 5 of 10 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: DEVELOPER NewPad Building Company LLC Dam h6# Dana Burghdoff (May 202416:45 CDT) Dana Burghdoff Cooper Conger Assistant City Manager Manager Date: May 20, 2024 Date: May 20, 2024 Approved as to Form & Legality: Richard McC2cken (May 20, 202410:16 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C: N/A Date: May 20, 2024 ATTEST: Jannette Goodall City Secretary City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 6 of 10 LIST OF EXHIBITS ATTACHMENT "1 "-CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 7 of 10 ATTACHMENT "1" Changes to Standard Agreement Self -Funded Completion Agreement None. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 8 of 10 EXHIBIT A LEGAL DESCRIPTION WHEREAS, C20 Development Investments, LLC, a Texas limited liability company, acting by and through the undersigned, its duly authorized agent, is the sole owner of all that certain tract, parcel, or lot of land located in the Henry Robertson Survey, Abstract No. 1259, City of Fort Worth, County of Tarrant, Texas, being the tract of land described in the deed to C20 Development Investments, LLC, a Texas limited liability company, recorded in County Clerk's Instrument No. D220192895, Deed Records, Tarrant County Texas being more particularly described as follows: BEGINNING at an 1 /2" iron rod stamped "Wier" found at the southwest corner of said C20 tract, said iron rod being the northwest corner of Lot 1, Block GG, Trails of Fossil Creek, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in County Clerk's Instrument No. D216178816, Deed Records, Tarrant County, Texas and said iron lying in the east line of Graphite Lane, of said Trails of Fossil Creek; THENCE N00'12'26"W, along said Graphite Lane east line, a distance of 499.99 feet to a 5/8" iron rod found at the northwest corner of said C20 tract, said iron rod lying in the south line of a tract of land described as Tract #2, in the deed to Fossil Creek Trust, recorded in County Clerk's Instrument No. D215101532, Deed Records, Tarrant County, Texas; THENCE N89'47'27"E, along said south line, a distance of 395.99 feet to a 5/8" iron rod stamped "RPLS 1640" found at the northeast corner of said C20 tract, said iron rod being the southeast corner of said Tract #2 and said iron rod lying in the west line of a remainder portion of land described in the deed to Marvin Klein, recorded in County Clerk's Instrument No. D204216230, Deed Records, Tarrant County, Texas; THENCE S01'07'48"W, along said Marvin Klein west line, a distance of 500.08 feet to an 1 /2" iron rod found bent at the southeast corner of said C20 Tract and being the northeast corner of said Block GG; THENCE S89'47'02"W, along the north line of said Block GG, a distance of 384.32 feet to the point of beginning, containing 4.478 acres of land. The bearings recited hereon are oriented to NAD83 Texas North Central Zone. 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 10 EXHIBIT B APPROVED BUDGET Section I Water $190,192.92 Sewer $184,676.60 Sub -total $374,869.52 Section 11 Interior Streets $356,676.14 Storm Drains $122,250.00 Sub -total $478,926.14 Section III Street Lights $41,998.00 Sub -total $41,998.00 TOTAL (Includes off -site and onsite costs) $895,793.66 TOTAL (Onsite costs only) $785,575.4 6 City of Fort Worth, Texas Standard Completion Agreement — Self -Funded Revised 08.18.2022 DH CFA Official Release Date: 07.01.2015 Page 10 of 10