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HomeMy WebLinkAboutContract 62415Received Date : Dec 12, 2024 Received Time: 11 a.m.------- Developer and Project Information Co ver Sheet: Developer Company Name: Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: Brief Description: Project Location: Plat Case Number: Mapsco: 117E&F CFANumber: 24-0152 CityofFortWorth, Texas Standard Comm unity Facilities Agreement Rev. 9/21 Lennar Homes of Texas Land and Construction Ltd. 1707 Market Place Blvd # 100, Irving, Texas 75063 469-587-5383; Jennifer.eller@lennar.com Jennifer Eller, Authorized Agent Deer Creek Meadows Phase 4 Water, Sewer, Paving, Drainage, Street Lights & Signs W.Risinger Rd & N Crowley Rd Plat Name: I Council District: 6 City Project Number: 105624IIPRC24-0134 Page 1 of18 City Contract Number: ___ 6_2_4_1_5 _____ 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 Texa'i, acting by and through its duly authorized Assistant City Manager, and Lennar Homes of Texas Lan d 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 extraterritorialjurisdiction, for a project known as Deer Creek Meadows Phas e 4 ("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 wi1h the collective Improvements for the Project; NOW, TIIEREFORE, for and in consideration of the covenants and co nditions contained hereii, the City and the Developer do hereby agree as follows: 1. CFA Ordinanc e The Community Facilities Agreements Ordinance ("CF A 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 CF A Ordinance in the performance of Developer's duties and obligations pursuant to 1lris Agreement and to cause all contractors hired by Developer to comply with the CF A Ordinance in connection with the work performed by the contractors . If a conflict exists between the terms and conditions of this Agreement and the CF A Ordinance, the CF A Ordinance shall control CityofFortWorth, Texas Standard Community Facilities Agreement Rev.9/21 Page 2 of18 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 constructthe Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent ofthe Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: � Exhibit A: Water � Exhibit B: Sewer � Exhibit C: Paving 0 Exhibit D: Storm Drain ❑X Exhibit E: Street Lights & Signs ❑ Exhibit F: Traffic Signal & Striping The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the eXtent that Exhibits A, B, C, D, E, F, 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 causethe construction oftheImprovements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance w� all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, andthis Agreement. Developer acknowledges that City will not acceptthe Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort W orth, Texas Page 3 of 18 Standard Community FaciliNes Agreement Re v. 9/21 6. Completion Deadline; Fxtension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager (`Bffective 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 (`Bxtension 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 ofconstruction. (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, orother related agreements. 8. Te rmination If Developer desires to terminate this Agreement before Developer's contractors begin constructingthe 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 thathave 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 W orth, Texas Page 4 of 18 Standard Community FaciliNes Agreement Re v. 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 ofthe City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to constructthe 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 Ciry 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 ofthe 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 d�e 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. (fj 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 Projec� and (2) to constructthe 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 W orth, Texas Page � of 18 Standard Community FaciliNes Agreement Re v. 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 Indemni�cation (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE Cll'Y HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THEDEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTSAND AGREES TO, AND BY THESEPRESENTSDOES HEREBY FIILLY INDEMNIF'Y, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTSAND EMPLOYEESFROMALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJIIRIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION Wll'H THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OFANY WORK TO BE PERFORMED BY SAID DEVELOPER, I7'S CONTRACTORS, SIIBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OFANY FAILI�RE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOIINT OFANYACT, INTENTIONAL OR OTHERWLSE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, TlS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SIICHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, TlS OFFICERS, SERVANTS, OREMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CTlY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUI7'S OR CAI�SES OF ACTION OF ANY NAT URE WHATSOEVER, WHETHER REAL OR ASSERTED, BROI�GHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCL UDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTR UCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAIISED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE Cll'Y OF FORT WORTH, ITS OFFICERS, SERYANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIF'Y, DEFEND, AND HOLD HARMLESS THE Cll'Y FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE Cll'Y OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TD COMPLETE THE WORK AND CONSTRIICT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROMDEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIF7CATIONS. 13. Right to Enforce Contracts City of Fort W orth, Texas Page 6 of 18 Standard Community FaciliNes Agreement Re v. 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 c ontractors, along w ith an as signment of all warranties given by the c ontractors, 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. Fstimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing servicefees, construction inspection servicefees, and watertesting 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 costofadministrativematerial testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual c osts of the fees are more than the estimated payments made by the Developer, the Developer must pay the differenc e to the City before the Improvements w ill be ac c epted 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 differenc e to the Developer. If the differenc e betw een the actual c osts and the estimated payments made bythe Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the Cily 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 tes� 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 Contract Management Office Lennar Homes of Texas Land and City of Fort Worth Construction Ltd. 100 Fort Worth Trail 1707 Market Place Blvd #100 Fort Worth, Texas 76102 Irving, Texas 75063 City of Fort W orth, Texas Page 7 of 18 Standard Community FaciliNes Agreement Re v. 9/21 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail 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 ofthis section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance withthe 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 controlthe 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, City of Fort W orth, Texas Page 8 of 18 Standard Community FaciliNes Agreement Re v. 9/21 subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of TeXas, Fort Worth Division. 20. Non-Waive r The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any exterrt 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 ofthe remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review City of Fort W orth, Texas Page 9 of 18 Standard Community FaciliNes Agreement Re v. 9/21 and comment on this document; therefore any rule of contractconstruction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written ver�ication 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 IsraeP' and "company" have the meanings ascribed to those terms by Chapter 2271 ofthe 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 ofthe 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 compan�' and "compan�' 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 GovernmentCode, as added byActs 2021, 87thLeg., R.S., S.B. 19, § 1, the City is prohibited fromentering into a contract for goods or services that has a value of $100,000 ormore 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 assoc iation; 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 ofthe Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm City of Fort W orth, Texas Page 10 of 18 Standard Community FaciliNes Agreement Re v. 9/21 entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIF'Y CITY AND HOLD Cll'Y HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DI�E TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPEI� DEVELOPER'SEMPLOYEES, SUBCONTRACTORS,AGENTS, ORLICENSEES. City, uponwritten notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modific ation, 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 subcon�act all or any part of its rights, privileges, or duties under this Agreement without the prior written consent ofCity. Any attempted assignment or subcontract without �e City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. City of Fort W orth, Texas Page 11 of 18 Standard Community FaciliNes Agreement Re v. 9/21 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANKJ City of Fort W orth, Texas Page 12 of 18 Standard Community FaciliNes Agreement Re v. 9/21 36. Cost Summary Sheet Project Name: Deer Creek Meadows Phase 4 CFA No.: 24-0152 City Project No.:105624 IPRC No.: 24-0134 Ite ms A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees) Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Comnletion Aareement = 100% / Holds Plat Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% Fccrrnni Plarina Anraamanf - 975°/ Developer's Cost $ 729,023.47 $ 1,022,547.62 $ 1,751,571.09 $ 1,590,689.53 $ 2,126,365.29 $ 196,947.03 $ - $ 3,914,001.85 $ 5,665,572.94 $65,700.00 $15,190.00 $1,440.00 $ 82,330.00 Choice Amount Mark on� 5, 665, 572.94 5,665,572.94 X 2,189,463.86 4,892,502.31 City of Fort W orth, Texas Page 13 of 18 Standard Community FaciliNes Agreement Re v. 9/21 IN WllNFSS 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 Dana Burf!1doff Dana Burghdoff (Dec 8,024 09:52 CST) Dana Burghdoff Assistant City Manager Date: Dec 8, 2024 Recommended by: Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Jackson Skinner Assistant City Attorney M&C No . ..._N __ /A __________ _ Form 1295· NIA Date: Dec 6, 2024 ATTEST: Jannette S. Goodall City Secretary CityofFortWorth, Texas Standard Comm unity 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 ��,.. Jennifer Eller (Dec 6, 202414:05 CST) Jennifer Eller Authorized Agent Date: Dec 6, 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 (Dec 6, 202414:37 CST) Rebecca Diane Owen Development Manager Page 14 of18 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 Agre ement shall be controlling. Included Attachment � Attachment 1- Changes to Standard Community Facilities Agreement � Attachment 2 —Phased CFA Provisions ❑ Attachment 3— Concurrent CFA Provisions ❑X Loc ation Map � Exhibit A: Water Improvements ❑X Exhibit B: Sewer Improvements � Exhibit C: Paving Improvements � Exhibit D: Storm Drain Improvements � Exhibit E: Street Lights and Signs Improvements ❑ Exhibit F: Traffic Signal and Striping Improvements ❑X Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort W orth, Texas Page 15 of 18 Standard Community FaciliNes Agreement Re v. 9/21 ATTACHIVIINT "1" Changes to Standard Community Facilities Agreement City Project No. 105624 None City of Fort W orth, Texas Page 16 of 18 Standard Community FaciliNes Agreement Re v. 9/21 ATTACHNIENT "2" Phased CFA Provision City ProjectNo. 105624 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements Developer is constructing under a separate Community Facilities Agreement that have not been completed and accepted by the City. Therefore, this Agreement shall be considered a"Phased CFA" and the provisions contained in this section shall apply to this Agreement. The improvements being constructed by Developer under the separate Community Facilities Agreement shall be defined as the "Parent Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Child Project." Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Parent Project and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Project that impact the design and construction of the improvements in the Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs far the Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer having to remove and reconstructthe improvements at Developer's expense. In addition, Developer understands and agrees that disputes may arise between Developer's contractors or their subcontractors relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors or disputes between contractors and subcontractors. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to constructa Phased CFA, the provisions of this section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for Developer's decision to proceed with a Phased CFA. Developer shall not make the final connection of the improvements in the Child Project to the improvements in the Parent Project until the improvements in the Parent Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the c onstruc tion, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy fromthe City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until City of Fort W orth, Texas Page 17 of 18 Standard Community FaciliNes Agreement Re v. 9/21 all other requirements of Federal law, State law, or the City Code relating to the �ling and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCTA PHASED CFfl, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES, INCL IIDING BIIT NOT LIMITED TOANYAND ALL ECONOMIC DAMAGES PROPERTYLOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCL UDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCL UDING, BUT NOT LIMTlED TO ANYAND ALL ECONOMICDAMAGES, PROPERTY LOSS, PROPERTYDAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTIDN WTlH, DIRECTL Y OR INDIRECTL Y, THE CONSTR UCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIF'Y, DEFEND PROTECT, AND HOLD HARMLESS CI'1'Y, AND CI'1'Y'S OFFICERS, REPRESENTATNES, AGENTS, EMPL OYEES, AND SER UANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER AT LAW OR IN EQUI7'Y), LIABILI'1'IES, DAMAGES (INCL UDING ANYAND ALL ECONOMIC DAMAGES, PROPERTY L OSS, PROPERTYDAMAGES AND PERSONAL INJURIES INCL UDING DEATH), L OSSES, LIENS, CA USES OF ACTION, SUITS, JUDGMENTSAND EXPENSES (INCLUDING, BUT NOT LIMITED TO, CDURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TD AR1SE BY OR IN ANY Wf1Y RELATED TD CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIDNED OR ALLEGED TD BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THEIMPROVEMENTS OR DEVELOPER'S CHOICE TD CONSTRUCTA PHASED CFA WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAIISED, IN WHOLE OR IN PART, BY THEALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. DEVELOPER: �M ""`� —• Jennifer Eller (Dec 6, 2024 14:05 CST) Name: Jennifer Eller Title: Authorized Agent City of Fort W orth, Texas Page 18 of 18 Standard Community FaciliNes Agreement Re v. 9/21 T�� N W E S M���� Sct�•_ VICIIVITY MAP N.T.S. �� �� � �� \ � � �� �� ��� � � � �� ■ �\���� LocA�D � �IT� O]E ]EO]��' i���TI-�[[9 '�'E��S C]Pl�T o ll05624 MAPSCO 1�0. o �17 E� F I'�EV��I�IE� 1F�'�: LENN/�R° 1707 MARKETPLACE BLVD., SUITE 100 IRVING,TEXAS 75063 PHONE: (469) 587 - 5215 ]�R.]Ei'AIRE� F3Y: GM civi l Engineering 8� Surveying �539 Sw GrapevinP 4'kwy. 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Q a . � M LLU Z� �• � . . rr ��. w � w= - . _ _ . . r- O a „ ,.:i Z ..... �... ♦ ♦ �. . � �( �_ : , . �� , ' i' � , r w � � � � � Uo �^ � z Q � � U z � w °' Z � 0 2 d U � w o �� � U o � � � Z ti d LL U Z � X m W Z 0 � � w _ U � � rn�: �� '�j � • � � a. € V �a�� a�i a — � � � k � � `� � i' � � L�i � � � � � � C �0 � o W � N y � N Z � N N > ^ n f0 Q N W U F e � � � a �7 �Zw W;Z � a�a � W� � � � � SECTION 00 42 43 Developer A�varded Projects - PROPOSAL FORM Deer Creek Meadows Phase 4, City Project # 105624 UNIT PRICE BID Project Item Information Bidder's Proposal Bidlist Specificahon Unit of Bid Description Unit Price Bid Value Item Sechon No. Measure Quantity Unit 1 - Water Facilities Unit 2- Sanita Sewer Facilities 14 0241.1118 4"-12" Pressure Plug 02 41 14 EA 4 $56.28 $225.12 15 3301.0002 Post-CCTV Inspection 33 01 31 LF 6886 $2.41 $16,595.26 16 3301.0101 Manhole Vacuum Testin 33 01 30 EA 39 $136.25 $5,313.75 17 3305.0109 Trench Safety 33 05 10 LF 6886 $0.89 $6,128.54 18 3305.0113 Trench Water Sto s 33 05 15 EA 15 $1,381.07 $20,716.05 19 3305.1003 20" Casing By Open Cut 33 05 22 LF 140 $217.57 $30,459.80 20 3331.3101 4" Sewer Service 33 31 50 EA 188 $1,270.80 $238,910.40 33 11 10, 21 3331.4108 6" Sewer Pipe 33 31 12, LF 40 $51.46 $2,058.40 33 31 20 33 11 10, 22 3331.4115 8" Sewer Pipe 33 31 12, LF 6284 $61.36 $385,586.24 33 31 20 23 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, LF 171 $141.03 $24,116.13 33 11 12 24 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 287 $147.87 $42,438.69 25 3331.4120 8" DIP Sewer Pi e, CSS Backfill 33 11 10 LF 138 $201.41 $27,794.58 26 3339.1001 4' Manhole 33 39 10, EA 31 $5,934.64 $183,973.84 33 39 20 27 3339.1003 4' Extra Depth Manhole 33 39 10, VF 171 $215.16 $36,792.36 33 39 20 28 9999.0001 Connect to Existin 8" S.S. 00 00 00 EA 1 $1,438.46 $1,438.46 Sanitary Sewer Subtotal $1,022,547.62 C[TY OF FORT WORTH Deer Creek Meadows Phase J STANDARD CONSTRUCT[ON B[D PROPOSAL-DEVELOPER AR'ARDED PROIECT5 CiN P je i#10562J Fo�m Rensed 7anumv ?9, ?0?0 00 4? 43_Bid Peoposal SECTION 00 42 43 Developer A�varded Projects - PROPOSAL FORM Deer Creek Meadows Phase 4, City Project # 105624 UNIT PRICE BID Project Item Information Bidder's Proposal BidGst Description Specification Unit of Bid Unit Price Bid Value Item Section No. Measure Quantiry Unit 3- Storm Drain Facilities 29 3305.0109 Trench Safety 33 05 10 LF 3,575 $0.85 $3,038.75 30 3305.0112 Concrete Collar 33 05 17 EA 6 $1,446.60 $8,679.60 31 3341.0201 21" RCP, Class III 33 41 10 LF 287 $69.84 $20,044.08 32 3341.0205 24" RCP, Class III 33 41 10 LF 127 $86.29 $10,958.83 33 3341.0208 27" RCP, Class III 33 41 10 LF 350 $94.97 $33,239.50 34 3341.0302 30" RCP, Class III 33 41 10 LF 175 $104.95 $18,366.25 35 3341.0309 36" RCP, Class III 33 41 10 LF 271 $140.04 $37,950.84 36 3341.0409 48" RCP, Class III 33 41 10 LF 92 $225.95 $20,787.40 37 3341. 0602 60" RCP, Class III 33 41 10 LF 16 $333.76 $5,340.16 38 3341.1502 8x5 Box Culvert 33 41 10 LF 1,250 $621.22 $776,525.00 39 3341.1602 9x5 Box Culvert 33 41 10 LF 1,186 $734.81 $871,484.66 40 3349.0001 4' Storm Junction Box 33 49 10 EA 7 $5,668.00 $39,676.00 41 3349.0101 3' Round Manhole Riser 33 49 10 EA 5 $5,014.00 $25,070.00 42 3349.4113 48" SET, 1 i e 00 00 00 EA 1 $3,924.00 $3,924.00 43 3349.5001 10' Curb Inlet 33 49 20 EA 10 $7,902.50 $79,025.00 44 3349.5002 15' Curb Inlet 33 49 20 EA 10 $9,537.50 $95,375.00 45 9999.0002 Remove 5-5'x3' Conc. Headwall & Riprap 00 00 00 EA 1 $7,270.45 $7,270.45 46 9999.0003 Remove 60" Conc. Headwall & Ri ra 00 00 00 EA 1 $2,847.27 $2,847.27 47 9999.0004 4' X 32' Storm Junction Box 00 00 00 EA 1 $28,340.00 $28,340.00 48 9999.0005 4' x 22' Storm Junction Box 00 00 00 EA 1 $21,800.00 $21,800.00 49 9999.0006 10' x 7' Storm Junction Box 00 00 00 EA 1 $16,622.50 $16,622.50 Storm Drain Subtotal $2,126,365.29 Water/Sanitary Sewer/Storm Drain Facilities Subtotal C[TY OF FORT WORTH STANDARD CONSTRUCT[ON B[D PROPOSAL-DEVELOPER AlA'ARDED PROIECTS Fo�m Recised 7anumv ?9, ?0?0 $3,877,936.38 Deer C�xek Meadows Phase J c�n�e �e,�nios�za 00 4? 43_Bid Pcoposal SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Deer Creek Meadows Phase 4, City Project #105624 UNIT PRICE BID Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item Section No. Measure Quantity Unit 4 - Paving Facilities Bid Summary Water/Sanitary Sewer/Storm Drain Facilities Subtotal Paving Facilities Subtotal Total Bid This bid is submitted by the entity listed below: Company: L H Lacy Company, Ltd StreetAddress: 1880 Crown Dr., #1200 City, State, Zip Code: Dallas, TX 75234 Phone: By:Bobby Gordon Signatu e Title: Partner/CEO Date: `�\ � `Z ✓ � ( Conhactor agrees to complete WORK for FINAL ACCEPTANCE within 145 n'orking dxys after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OP PORT WORTH Deer Creek Mcado�vs, Phase 4 STAIJDARD CONSTRUCTION �ID PROPOSAL-UGVI:LOPGR AWARDCD PROJECTS Ciry� Projcct N105624 Porm Rc��ised lanuary 29, 2020 00 42 a3_�id Proposal SECTION 00 42 43 Developer Awardcd Projects - PROPOSAL FORM Deer Creek Meadows Phase 4, City Project # 105624 UNIT PRICE BID ProjectTtem information Bidder's Proposal Bidlist Specification Unit of Bid Description Unit Price Bid Value Item Scction No. Measure Quanti Unit 2- Street Lighting Facilities 2605.3011 2" CONDT PVC SCH 40 (T) 3441.1405 NO 2 Insulated Elec Condr 3441.1408 NO 6 Insulated Elec Condr 3441.1501 Ground Box Type B 3441.1633 Type 33B Arm 3441.3201 LED Lighting Fixture (R-2) 3441.3201 LED Lighting Fixture (R-4) 3441.3341 Rdwy Illum TY 11 Pole 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 Street Lighting Subtotal 34 41 10 LF 1,302 34 41 10 LF 4,749 34 41 10 EA 3 34 41 20 EA 26 34 41 20 EA 25 34 41 20 EA 1 34 41 20 EA 26 35 41 20 EA $20.48 $41,308.16 $4.58 $5,963.16 $2.79 $13,249.71 $868.00 $2,604.0a $289.00 $7,514.00 $399.00 $9,975.00 $399.00 $399.00 $2,477.00 $64,402.00 � $51,532.00 $196,947.03 Bid Sum This bid is submitted by the entity listed below: Company: Independent Utility Construction, Inc. B: ch rd Wolfe Street Address: 6109 Sun Valley Drive City, State, Zip Code: Ft. Worth, TX 76119 � � Phone 817-478-4444 � Signature Title: President �ate: 11 /05/2024 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 workiog days after the date wheo the CONTRACT wmmences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTIi Deec CceeA Mcado��s Phase 8 STANDARD CONS�I�RI;CTION BID PROPOSAL-DEVELOPER A�VARDISD PROlECTS City Proiccl # Ioi5i4 Fom� Rc� ised Jamiary 29. 2020 DO 12 13_Bid Peoposal COMPLETION AGREEEIVVIENT — SII,F FLTNDID 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 ofthe last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNE.�SETH: WfIII2EAS, the Developer owns that certain tract of real property that contains approximately 36.495 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, ("Propert��; and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP -24-074 or nd WfIII2EAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Deer Creek Meadows Phase 4 for Water, Sewer, Storm Drain, Paving and Street Lights ("Improvements"); and WHII2EAS, the City has required certain assurances that the Developer will cause to be c onstructed to City standards the Improvements pursuant to the Community Fac ilities Agreement; and WfIII2EAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THF'RF.FORE, 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 E�ibit "B") required to complete the Community Facilities in the aggregate should not exceed die sum of Five Million S� Hundred SiYty-Five Thousand Five Hundred Seventy-Two Dollars and Ninety-Four Cents ($5,665,572.94), hereinafter called the "Completion Amount". City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Pagelofl3 Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of 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 CFAPolicy. 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. SatisfactionoftheCityRequirements. TheCityagreesthattheassurancesandcovenantscontained 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 ac c epts the as surances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts w�h 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) mutualwritten agreement ofthe 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. 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; City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page 2 of 13 C. A requirement that each contractor conh�acting with the Developer release the City from any c laim 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 notic e 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 Development Services Department 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Contract Management Office Rebecca Owen, Development Manager Email: Rebecca.Owen@fortworthtexas.gov Confirmation Number: 817-392-7810 With a copy thereof addressed and delivered as follows: Offic e of the City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Richard A. McCracken Sr. Assistant City Attorney Confirmation Number: 817-392-76ll (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. City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page 3 of 13 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. Le�al 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 A�reements 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 c onc erning 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. H. Headin�s. The headings that are used in this Agreement are used for referenc e and c onvenience 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 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page 4 of 13 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: Dqhq BU�qHdOff DanaBurghdoff(DecB, 024D952CST) Dana Burghdoff Assistant City Manager Date: Dec 8, 2024 Approved as to Form & Legality: DEUII,OPER: 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 �°"�� � �' Jennifer Eller (Dec6, 202414:05 CST) Jennifer Eller Authorized Agent �1�.�� s,��. Jackson Skinner Assistant City Attorney M&C: N/A Date: Dec 6, 2024 ATTEST: � � .,� �� :� Jannette Goodall City Secretary Date: Dec 6, 2024 City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page5of13 LIST OF EXHIBITS ATTACHIv1ENT "1"- CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page6of13 ATTACHNIENT "1" Changes to StandardAgreement Self-Funded Completion Agreement None City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page 7 of 13 EXHIBIT A LEGAL DFSCRIPTION PROPERTY DESCRIPTION STATE OF TEXAS: COU NTY OF TARRANT: BEI NG a tract of land situated in the H. W alker Survey, Abstract No. 1 622 and the J. Jennings Survey, Abstract No. 875, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land as described in deed to JEN HOLDCO 24 LLC, recorded in D224107499, Official Public Records, Tarrant County, Texas (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) in the north line of McPherson Boulevard (1 10' R.O.W. per D224213134, OPRTCT), being the southeast corner of a tract of land as described in deed to Jen Holdco 23 LLC, recorded in D22321 1080, OPRTCT and the southwest corner of said JEN HOLDCO 24 LLC tract; THENCE along the line common to said Jen Holdco 23 LLC tract and said Jen Holdco 24 LLC tract, as follows: North 45 degrees 24 minutes 45 seconds West, a distance of 1 4.1 4 feet to a 1/2" rebar capped set; North 00 degrees 24 minutes 45 seconds West, a distance of 400.00 feet to a 1/2" rebar capped set; North 44 degrees 35 minutes 15 seconds East, a distance of 1 4.1 4 feet to a 1/2" rebar capped set; North 00 degrees 24 minutes 45 seconds West, a distance of 50.00 feet to a 1/2" rebar capped set; North 45 degrees 24 minutes 45 seconds West, a distance of 1 4. 1 4 feet to a 1/2" rebar capped set; North 00 degrees 24 minutes 45 seconds West, a distance of 32.06 feet to a 1/2" rebar capped set at the beginning of a City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page8of13 curve to the right, having a radius of 470.00 feet; Northeasterly, 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 North 10 degrees 45 minutes 47 seconds East, 1 82.1 9 feet to a 1/2" rebar capped set; North 56 degrees 04 minutes 04 seconds East, non-tangent to said curve, a distance of 1 6.67 feet to a 1/2" rebar capped set; North 89 degrees 35 minutes 15 seconds East, a distance of 32.73 feet to a 1/2" rebar capped set; North 00 degrees 24 minutes 45 seconds West, a distance of 50.00 feet to a 1/2" rebar capped set; South 89 degrees 35 minutes 1 5 seconds W est, a distance of 7.26 feet to a 1/2" rebar capped set; North 29 degrees 54 minutes Ol second West, a distance of 9.84 feet to a 1/2" rebar capped set at the beginning of a non-tangent curve to the right, having a radius of 470.00 feet; Northeasterly, 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 North 48 degrees 48 minutes 29 seconds East, 284.02 feet to a 1/2" rebar capped set at the end of said curve; North 66 degrees 23 minutes 41 seconds East, tangent to said curve, a distance of 1 74.94 feet to a 1/2" rebar capped; North 23 degrees 36 minutes 19 seconds West, a distance of 60.00 feet to a 1/2" rebar capped set; THENNCE North 66 degrees 23 minutes 41 seconds East, at a distance of 1 1 2.48 feet passing the most easterly corner of said Jen Holdco 23 LLC tract, thereafter along the northerly line of said Jen Holdco 24 LLC tract and the south line of a remainder portion City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page9of13 of Tract 1, Parcel A as described in deed to Bloomfield Homes, L.P., recorded in D220347026, OPRTCT, continuing a total distance of 31 8.35 feet to a 1/2" rebar capped set; THENCE departing the south line of said remainder portion of Bloomfield Homes Tract 1, Parcel A, across said Jen Holdco 24 LLC tract, as follows: South 23 degrees 36 minutes 1 9 seconds East, a distance of 60.00 feet to a 1/2" rebar capped set; South 21 degrees 23 minutes 41 seconds W est, a distance of 1 4. 1 4 feet to a 1/2" rebar capped set; South 23 degrees 36 minutes 1 9 seconds East, a distance of 1 05.00 feet to a 1/2" rebar capped set; South 68 degrees 36 minutes 1 9 seconds East, a distance of 1 4. 1 4 feet to a 1/2" rebar capped set; South 23 degrees 36 minutes 1 9 seconds East, a distance of 50.00 feet to a 1/2" rebar capped set; South 21 degrees 23 minutes 41 seconds W est, a distance of 1 4.1 4 feet to a 1/2" rebar capped set; South 23 degrees 36 minutes 1 9 seconds East, a distance of 1 1 1.49 feet to a 1/2" rebar capped set; North 79 degrees 56 minutes 05 seconds East, a distance of 1 85.86 feet to a 1/2" rebar capped set; North 66 degrees 23 minutes 41 seconds East, a distance of 1 50.00 feet to a 1/2" rebar capped set; South 51 degrees 28 minutes 54 seconds East, a distance of 74.37 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 205.39 feet to a 1/2" rebar capped set; City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Pagel0of13 South 89 degrees 35 minutes 1 5 seconds W est, a distance of 8.61 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 1 1 5.00 feet to a 1/2" rebar capped set; North 89 degrees 35 minutes 15 seconds East, a distance of 868.61 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 1 05.00 feet to a 1/2" rebar capped set; South 45 degrees 24 minutes 45 seconds East, a distance of 1 4. 1 4 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 44 degrees 35 minutes 15 seconds West, a distance of 1 4. 1 4 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 21 0.00 feet to a 1/2" rebar capped set; South 45 degrees 24 minutes 45 seconds East, a distance of 1 4. 1 4 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 1 5 seconds W est, a distance of 61 2.36 feet to a 1/2" rebar capped set; South 44 degrees 35 minutes 15 seconds West, a distance of 1 4. 1 4 feet to a 1/2" rebar capped set; South 00 degrees 24 minutes 45 seconds East, a distance of 1 20.00 feet to a 1/2" rebar capped set; South 45 degrees 24 minutes 45 seconds East, a distance of 1 4. 1 4 feet to a 1/2" rebar capped set in the north line of said City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Pagellofl3 McPherson Boulevard, from which a 1/2" rebar capped set at the northeast corner of said McPherson Boulevard bears North 89 degrees 35 minutes 1 5 seconds East, 127.50 feet; THENCE South 89 degrees 35 minutes 15 seconds West, along the north line of said McPherson Boulevard, a distance of 1,472.50 feet to the POINT OF BEGINNING and containing 1,589,728 square feet or 36.495 acres of land. City of Fort Worth, Texas Standard Completion Agreement — Self-Funded Revised 06.14.2024 DH CFA Official Release Date: 07.OL2015 Page12of13 EXHIBIT B APPROVID BUDGET 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 $ 729,023.47 $ 1,022,547.62 $ 1,751,571.09 $ 1,590,689.53 $ 2,126,365.29 $ 196,947.03 $ - $ 3,914,001.85 Total Construction Cost (excluding the fees): $ 5,665,572.94 City of Fort Worth, Texas Standard Completion Agreement — Self-Funded CFA Official Release Date: 07.OL2015 P age 13 of 13 Revised 06.14.2024 DH