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HomeMy WebLinkAboutContract 63513Received Date: 06/24/2025 Received Time: 4:38 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Spur Wildflower Development, L.P. Address, State, Zip Code: 8433 Enterprise Circle, Suite 100 Lakewood Ranch, FL 34202 Phone & Email: 941-388-0707 1 jbrian@starwoodland.com Authorized Signatory, Title: John Brian, Authorized Signatory Project Name: Tradition Phase 5B Brief Description: Water, Sewer, Drainage, Paving and Street Lights Project Location: 114 & Sam Reynolds Rd Plat Case Number: FP-24-126 Plat Name: Tradition Phase 5B Council District: ETJ Phased or Concurrent None Provisions: CFA Number: 25-0118 City Project Number: 105522 1 IPRC24-0072 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 20 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 63513 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 Spur Wildflower Development, L.P.("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 Tradition Phase 5B ("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, the Improvements being constructed pursuant to this Agreement are the subject of a Development Agreement, City Secretary Contract Number 47477, as amended ("Development Agreement"); 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. CIA 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 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 20 Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 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. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: © Exhibit A: Water ® Exhibit B: Sewer © Exhibit C: Paving ® 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 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 water and sewer 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 City of Fort Worth, Texas Page 3 of 20 Standard Community Facilities Agreement Rev. 9/21 Developer has provided the City with a financial guarantee in the form of a development bond covering the paving and street light Improvements and a completion agreement covering the water, sewer and storm drain Improvements , which guarantee 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. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; City of Fort Worth, Texas Page 4 of 20 Standard Community Facilities Agreement Rev. 9/21 (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 (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. In accordance with the Development Agreement, the engineer for the Municipal Utility District (Tradition Municipal Utility District No. 1 of Denton County or Tradition Municipal Utility District No. 2B of Denton County, as applicable) shall attend the pre -construction conference. City of Fort Worth, Texas Page 5 of 20 Standard Community Facilities Agreement Rev. 9/21 (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. 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 water and sewer Improvements provided for by this Agreement. Developer shall provide, at its expense, all necessary rights -of -way and easement required for the construction and dedication to the Municipal Utility District or County all other Improvements being constructed pursuant to 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, BROUGHTFOR 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 OFANYACT, 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 City of Fort Worth, Texas Page 6 of 20 Standard Community Facilities Agreement Rev. 9/21 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 Upon completion of all work associated with the construction of the water and sewer 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. Inspections and Acceptance; Estimated Fees Paid by Developer; Reconciliation (a) Water and Sewer Improvements Inspection and Acceptance. Pursuant to the Development Agreement, City employees, or third -party inspectors retained in accordance with generally applicable City policies, shall perform all inspection and testing of the water and sewer Improvements. The City shall notify the property owner and the Municipal Utility District's inspectors at least 24 hours before each inspection to enable the Municipal Utility District's engineers to be present during the inspections. The Municipal Utility District's engineers may observe City inspection for the purpose of gathering the information required to complete and submit all TCEQ required reports. The City's inspectors shall cooperate with the Municipal Utility District's inspectors to provide inspection reports that satisfy TCEQ requirements for issuance of bonds by the Municipal Utility District. Developer, or the Municipal Utility District or their agent, shall notify the City's inspector when the water and sewer Improvements, or any portion thereof, are ready for final inspection. If the City's inspector concurs that construction of such water or sewer Improvements is substantially complete, the City's inspector will schedule a final inspection by the City within 30 days. Upon such final inspection and correction of any punch list items and final documentation related to completion of such water and sewer Improvements, written certification by the City's inspector that the water and sewer Improvements have been constructed in compliance with the City's infrastructure standards shall constitution compliance with all inspection requirements. The City shall issue a letter to Developer and the Municipal Utility District approving the water and sewer Improvements within fifteen days after all requirements are met. Any duly authorized employee of the City bearing proper credentials and identification shall be granted access to the property as the City may determine necessary for the purpose of inspection and testing of water and sewer Improvements. City of Fort Worth, Texas Page 7 of 20 Standard Community Facilities Agreement Rev. 9/21 Within thirty days after the Developer and the Municipal Utility District receive a letter approving water or sewer Improvements, the Developer shall dedicate such water and sewer Improvements to the City along with all appurtenant easements and rights -of -way. Following dedication of any portion of the water or sewer Improvements to the City, the City shall have full ownership and control of such dedicated Improvements. (b) Paving, Drainage, Streetlight and Sign Improvements Inspection. Pursuant to the Development Agreement, City inspectors, or the Municipal Utility District's inspectors, at the City's option, shall perform all inspection and testing of onsite drainage and onsite road improvements. City will conduct the inspections of the paving, drainage, streetlight and sign Improvements being constructed pursuant to this Agreement and Developer will pay the City for the inspections. The City shall notify Developer and the Municipal Utility District's inspectors at least 48 hours before each inspection to enable the Municipal Utility District's engineers to be present during the inspections. The Municipal Utility District's engineers may observe City inspection for the purpose of gathering the information required to complete and submit all TCEQ requirements for issuance of bonds by the Municipal Utility District. Within 30 days after the Municipal Utility District and the City and/or the County approve the paving, drainage, streetlight and sign Improvements, Developer shall dedicate such Improvements to the County or the Municipal Utility District along with all appurtenant easements and rights -of -way. (c) Estimated Fees and 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 for all Improvements in this Agreement 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. City of Fort Worth, Texas Page 8 of 20 Standard Community Facilities Agreement Rev. 9/21 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 Services Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 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 DEVELOPER: Spur Wildflower Development, L.P. 2700 Commerce Street, Suite 1600 Dallas, Texas 75226 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 City of Fort Worth, Texas Page 9 of 20 Standard Community Facilities Agreement Rev. 9/21 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 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 fixture 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 City of Fort Worth, Texas Page 10 of 20 Standard Community Facilities Agreement Rev. 9/21 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 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 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2 and redesignated from Chapter 2274 of the Texas Government Code by Acts 2023, 88th Leg., R.S., H.B. 4595 section 24.001(22), 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 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2 and redesignated from Chapter 2274 of the Texas Government Code by Acts 2023, 88th Leg., R.S., H.B. 4595 section 24.001(22). To the extent that Chapter 2276 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 City of Fort Worth, Texas Page 11 of 20 Standard Community Facilities Agreement Rev. 9/21 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. 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 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. City of Fort Worth, Texas Page 12 of 20 Standard Community Facilities Agreement Rev. 9/21 No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been 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 13 of 20 Standard Community Facilities Agreement Rev. 9/21 Project Name: Tradition Phase 5B CFA No.: 25-0018 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total 36. Cost Summary Sheet City Project No.: 105522 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: Developer's Cost $ 514,623.66 $ 694,868.40 $ 1,209,492.06 IPRC No.: 24-0072 $ 1,042,009.50 $ 450,863.88 $ 226,895.07 $ 1,719,768.45 $ 2,929,260.51 $48,600.00 $10,472.80 $843.75 $ 59,916.55 Financial Guarantee Options, choose one Bond = 100% (Paving and Street Liqhts) $ Completion Agreement = 100% / Holds Plat Water, Sewer & Storm Drain) $ Choice Amount (Mark one 1,268,904.57 X 1,660,355.94 X City of Fort Worth, Texas Page 14 of 20 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 cp�� Jesica McEachern Assistant City Manager Date: 06/24/2025 Recommended by: Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: --4 . Jackson Skinner Assistant City Attorney M&C No. N/A Date: 06/24/2025 Form 1295: N/A DEVELOPER Spur Wildflower Development, L.P., a Delaware limited partnership By: Spur Wildflower Development GP, L.L.C., a Delaware limited liability company, its general partner By: Spur Portfolio Holdings, L.P. a Delaware limited partnership its sole member By: Spur Portfolio Holdings GP, L.L.C„ a Delaware limited liability company, its general partner By: Spur Ventures L.P., a Delaware limited partnership its sole member By: Spur Ventures GP, L.L.C., a Delaware limited liability company its general partner John Brian Authorized Signatory Date: 06/24/2025 ATTEST: �...... Contract Compliance Manager: Pao gild P e e 4 aQan � ...... By signing, I acknowledge that I am the person responsible for the monitoring and Jannette S. Goodall administration of this contract, including City Secretary ensuring all performance and reporting requirements. k�, Kandice Merrick Contract Manager City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 15 of 20 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑X Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit B: Sewer Improvements ® Exhibit C: Paving Improvements ® Exhibit D: Storm Drain Improvements X❑ Exhibit E: Street Lights and Signs Improvements ❑ Exhibit F: Traffic Signal and Striping Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 20 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 105522 Negotiated Changes contained in the body of the Agreement City of Fort Worth, Texas Page 17 of 20 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT " 3" Concurrent CFA Provision City Project No. 105522 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by HT HWY 114 DEVELOPMENT LP under a separate Community Facilities Agreement, City Secretary Contract No. 61935 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No. 61935 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary City of Fort Worth, Texas Page 18 of 20 Standard Community Facilities Agreement Rev. 9/21 Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES, INCL UDING BUTNOTLIMITED TO, ANYAND ALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGESANDPERSONAL INJURY (INCLUDING DEATH), OFANY KIND OR CHARACTER, WHETHER REAL ORASSERTED. DEVELOPER HEREBYEXPRESSL YRELEASESANDDISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TOANDDOESHEREBYINDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROMAND AGAINST ANYAND ALL CLAIMS (WHETHER AT LA W OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY City of Fort Worth, Texas Page 19 of 20 Standard Community Facilities Agreement Rev. 9/21 AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCL UDING DEA TH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTSAND EXPENSES (INCLUDING, BUT NOTLIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR INPART, BY THE ALLEGED NEGLIGENCE OF THE CITY OFFORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. By signing below, Developer certifies that all statements contained in this Attachment "3" Concurrent CFA Provision are true and correct. DEVELOPER Spur Wildflower Development, L.P., a Delaware limited partnership By: Spur Wildflower Development GP, L.L.C., a Delaware limited liability company, its general partner By: Spur Portfolio Holdings, L.P. a Delaware limited partnership its sole member By: Spur Portfolio Holdings GP, L.L.C„ a Delaware limited liability company, its general partner By: Spur Ventures L.P., a Delaware limited partnership its sole member By: Spur Ventures GP, L.L.C., a Delaware limited liability company its general partner *ZL— John Brian Authorized Signatory Date: 06/24/2025 City of Fort Worth, Texas Page 20 of 20 Standard Community Facilities Agreement Rev. 9/21 x N • WE S f-1'igl sway 11; U=1 Plk"- Middle &hr ,; School Itak ;14 Gene Pike Middle Schaal I � I I witIMM101 I DO I I I I �\ LOCATED IN CITY OF FORT RTH, TEXAS CPN e 105522 MAPSCO NO.: 117 ]E & F ]PREPARED FOR: Hines 2700 Commerce Street, Suite 1600 Dallas, TX 75226 (972) 716-2900 PREPARED BY: GMcivit Engineering & Surveying 2559 SW Gra -111 Pkwy, G"p-1 ne. Texas 76J51 817 329-4373 TxEng F,,,,, H F 29" T4— F-m Y-0021700 TRADITION PHASE 5B WATER EXHIBIT "A" CPN: 105522 PREPARED FOR: Hines 2700 Commerce Street, Suite 1600 Dallas, TX 75226 (972) 716-2900 PREPA RL D IM GMcivit Engineering & Surveying 2559 SW Grapevine Pkwy, Grapevine, Texas 76051 817-329-4373 TxEng R. # F-29" 1 TxSury Firrn k 10021700 27 26 25 24 23 22 21 20 19 18 17 16 15 11 BLNOCK 1N -i 28 m I CARADONNA STREET 29F 14 13 12 11 10 9 8 1 7 6 5 T43 2 1 30 v 31 15 16 17 18 19 20 21 22 23 24 25 2627 + 32 O M 33 M G R ANDER WAY 34 m 28 27 26 25 24123 22 21 20 19 18 17 16 ^' 8' W.. L C O ^! { FR STIUCIURI [ PHAS 46 h I (CPN.10 865�j 25X 11 I101 BLI 8 17 I 12 CHERRY ROOT DR41E 4 M 3 �+ 13W� 2 D 14 1 2 3 4 5 ? is L5 B 8 L6 76 7 178 6 g 5 10 4 / 1gc� 2 3/ 20 � 1` 21 22 / i3 1 ,p2 EX. INFRASTRUCTURE 3 (CPN:102307) i / / i'W.L. EX. INFRASTRUCTURE (CPN: 102307) g4 05 ., �6 G / O 30X p� / 13 7 `tsV PROPOSED WATER LINE O / (8" TYPICAL) 8 �'�� / W 9/ 10 EXISTING/T.B.C. WATER 11 O LINE (8" TYPICAL) W 13 N 14 / W+E S I SCALE. P = 300' E:\10720 — Tradition\Plans\CFA\Phase 5B\Tradition 5B CFA.dwg Thu Jul 11 2024 17:05 TRADITION PHASE 5B SEWER EXHIBIT "B" CPN: 105522 PREPARED FOR: Hines 2700 Commerce Street, Suite 1600 Dallas, TX 75226 (972) 716-2900 PREPARED BY: GMcivil Engineering & Surveying 2559 SW Grapevine Pkw , Grapevine, Texas 76051 81T 29-4373 TxErg Firm # F-2944 I TxS— Firm # 10021700 27 S 28 W 29 14 cc 30'tD� o 31 > 15 JC)_. ' 33 yll� 3412 '28 � 26 G 25 ER 24 AININ 23 DE 22 WY 2 9 17 — "S.. EX L8 r-p �'NF�,ASjRUjTUjE 1• 1zR/ll B --L 25X \11 !10J9 8 1 7 1 6 r 12 CN RRY ROOT DRI 13 W S 14cc(n 1 2 3 4 5 15P B V 8" S.S: EX. INFRASTRUCTURE (CPN: 102307) 4 3<C 2 1 11 \ 6 7 7 8 / 8 6 G 9 5 O \ 10 4 / / 3 .w r 2 4yv 21 � I / 1 I� t` FS. INFRASTRUCTURE PHASE 4A (CPN: 102307) S PROPOSED SEWER LINE (8" S.S. TYPICAL) S EXISTING/T.B.C. SEWER LINE (8" TYPICAL) N W+E S E:\10720 — Tradition\Plans\CFA\Phase 5B\Tradition 5B CFA.dwg Thu Jul 11 2024 17:05 TRADITION PHASE 5B PAVING EXHIBTI' "C' CPN: 105522 PREPA"R,ED FOR: Hines 2700 Commerce Street, Suite 1600 Dallas, TX 75226 (972) 716-2900 PREPARED BY: GMcivil Engineering & Surveying 2559 SW Grapevine Pkv , Grapevine, T.— 76051 817-329-4373 TxEng Firm k F-2944 I TxS— Firm k 10021700 2 7 126 125 124 123 122 121 120 119 118 117 116 115 114 113 BLOCK Q 28 LaCARADONNA STREET 14 13 12 11 10 9 8 7 6 5 4 3 2 1 s: C BLOCK �30� p \ v 31 — 15 16 17 18 19 120 121 122 23 124 25 2627 , I : 13 14 33 in ;. GNFR�ST RMDERL WAY 34 m ; i128 27 26 25 43 22 21 20 �1%18 17 16 15 OT EX. UC UR 86�) I I I I I I I I 7 --L 12 13 14 15 17 BLOCK V 11 10 9 8 7 1 6 CHERRY ROOT DR EX. INFRASTRUCTURE (CPN: 102307) 4 3<<+ —•- - 6- - 8 7 7\ / F`'`r';ss. 5 6 9 8 10 =4 a 'tX 2 3 / 7 NOT EX. INFRASTRUCTURE PHASE WINDING MEADOWS DRIVE SOUTH (CPN: 1051 17) Ix OT EX INFRASTRUCTURE EX. INFRASTRUCTURE (CPN: 102307) PHASE WINDING MEADOWS DRIVE SOUTH (CPN: 1051 17) PROPOSED 29' B-B ROADWAY R.O.W. 6"PCC PAVEMENT 6" UME-STABILIZED SUBGRADE L.I SIDEWALK BY HOMEBUILDER EXISTNG SIDEWALK SIDEWALK PER THIS CONTRACT OADA RAMPS PER THIS CONTRACT N W+E S SCALE: P = 300" E:\10720 — Tradition\Plans\CFA\Phase 5B\Tradition 513 CFA.dwg Thu Jul 11 2024 17:05 TRADITION PHASE 5B STORM DP -UN EXHIBIT "D" CPN: 105522 PREPARED FOR: Hines 2700 Commerce Street, Suite 1600 Dallas, TX 75226 (972) 716-2900 ]PREPARED BY: 28 W 29 rC 30 0,1 GMcivit Engineering & Surveying 25595W Grapevine Pkwy, Grapevine, Texas 76051 817J29-4373 TxEng Firm # F-29" 1 TxS— Firm # 10021700 271261251241231221211201191181171161151141 13 14 13 12 C 11 All 10 O 9 N 8 S 7 RE 6 T 5 4 3 2 1 L15 16 17 18 19 20 21 22 23 24 25 2627 ' 33 H I. �2524 �2120 NFL 34 m 28 27 2619 18 EX. I UCTUR - --L 25X / 11 I10I BLFSCI V 16 ' 5 12 CHERRY ROOT DRIVE 4 _ 3 C 13 W 1 2 14iC- 1 2 3 4 5 1 15OWUR VVV8 162 7 6 7 17LL 8 6 18-J 9 5 10 4 13 20\12 1 EX, INFRASTRUCTURE (CPN: 102307) WINFRASTRUCTURE (CPN: 102307) 30X PROPOSED STORM DRAIN 7 8 EXISTING/T.B.C. STORM DRAIN 9 13 N 14 6 15 W E Og 1 SCALE: P = 300' E:\10720 — Tradition\PIans\CFA\Phase 5B\Tradition 513 CFA.dwg Wed Jan 22 2025 16:25 TRADITION PHASE 5B STREET LIGHT & SIGNS EXHIBIT "°E" CPN: 105522 PREPARED FOR: Hines 2700 Commerce Street, Suite 1600 Dallas, TX 75226 (972) 716-2900 1'RFf'AR'FI) 'BY: GMcivil Engineering & Surveying 2559 SW Grapevine Pkwy, Gapevme, Texas 76051 817-329-4373 TxEng H- N F-294-0 I TxSury Fnn k 10021700 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 25X NOT EX. INFRASTRUCTURE (CPN:1051 17) BLpCIf V 5 12 11CHER ROO D IV 4 � .- 3 C 2 1 2 3 4 5 1 15 � � VV VVV 8 162 7 7 17� / 8 6 � 18� g 5 / �y 10 4 1Y - M 3 Vy° 20 VV / 22 1 '3 �� � •� � rr� �3�Q 4 05 30X fi 7 j 8 9 0 EX. INFRASTRUCTURE v (CPN:102307) (BLOCK QI 28 wi C O N S1rRE T 29 ��- 14 13 12 11 10 9 8 7 6 5 4 3 2 1 10 CV330-�' 11 f t� 31 J&16 17 18 19 20 21 22 23 24 25 26 27 12 `r —O 13 m 33 y GERMANDER WAY 34 m 128 27 26 251241231 22 21 20 19 18 17 16 15 I C O NOT f�X. INFRA3TR I C}}U E PHASE 4� (GFPN:10I2367) E:\10720 — Tradition\Plans\CFA\Phase 5B\Tradition 5B CFA.dwg Thu Jul 11 2024 17:05 EX. INFRASTRUCTURE (CPN:102307) NOT EX. INFRASTRUCTURE (CPN:1051 17) PROPOSED STREET LIGHT T.B.C. STREET LIGHT 14 NOT EX. INFRASTRUCTURE (CPN:1051 17) - EX. INFRASTRUCTURE � (CPN:102307) PROPOSED STREET NAME SIGN N W�E s UNIT PRICE BID Bidlist Item SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Tradition South Phase 5B, City Project #105522 Project Item Information Description Bidder's Proposal Specification I Unit of Bid Unit Price Bid Value Section No. I Measure I Quantity Water Facilities 1 0241.1118 4"-12" Pressure Plug 0241 14 EA 1 $724.20 $724.20 2 3305.0003 8" Waterline Lowering 3305 12 EA 6 $7,931.39 $47,588.34 3 3305.0109 Trench Safety 3305 10 LF 4,932 $0.19 $937.08 4 3305.1003 20" Casing By Open Cut 33 05 22 LF 10 $298.74 $2,987.40 5 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1.5 $16,728.00 $25,092.00 3311 10, 6 13311.0241 8" PVC Water Pipe 3311 12 LF 4,932 $46.57 $229,683.24 7 13312.0001 Std. Fire Hydrant Assembly w/ 6" Gate Valve & Valve Box 33 12 40 EA 1 4 $7,867.471 $31,469.88 8 13312.0117 Connection to Existing 4"-12" Water Main 33 12 25 1 EA 1 3 $929.251 $2,787.75 9 13312.2003 1" Water Service (Domestic) 33 12 10 1 EA 119 $1,191.811 $141,825.39 10 3312.3003 8" Gate Valve & Valve Box 33 12 20 1 EA 13 $2,425.261 $31,528.38 Water Subtotal ' $514,623.66 Sanitary Sewer Facilities 11 0241.1118 4"-12" Pressure Plug 0241 14 EA 1 $125.90 $125.90 12 3301.0002 Post -CCTV Inspection 3301 31 LF 4403 $4.21 $18,536.63 13 3301.0101 Vacuum Test Manholes 3301 30 EA 20 $541.95 $10,839.00 14 3305.0109 Trench Safety 3305 10 LF 4403 $0.31 $1,364.93 15 3305.0113 Trench Water Stops 3305 15 EA 9 $617.51 $5,557.59 16 3305.1003 20" Casin? By Open Cut 33 05 22 LF 20 $292.75 $5,855.00 17 3331.3101 SDR-26 4' Sewer Services 3331 50 EA 119 $1,468.80 $174,787.20 3311 10, 18 3331,4115 8" SDR-26 PVC Sewer Pipe 33 31 12, LF 4109 $57.45 $236,062.05 3331 20 19 13331.4116 8" PVC Sanitary Sewer Pipe w/ CSS Backfill 3311 10. I I LF I 220 $102.23 $22,490.60 3311 12 20 13331.4119 8" DIP Sewer Pipe 33 11 10 1 LF 1 37 $133.731 $4,948.01 21 13331.4120 8" DIP Sewer Pipe, CSS Backfill 33 11 10 1 LF 37 $179.081 $6,625.96 22 13339.0001 Epoxy Manhole r I 23 13339.1001 4' Std. D a. Manhole i I EA I 19 $6,702.411 $1127,345.79 33 3910 20 439 24 3339.1002 4' Drop Manhole 3320 I 3910 I EA I 1 $18,224.83 $18,224.83 25 3339.1003 4' Extra Depth Manhole 33 39 10, I VF I 73 $508.381 $37,111.74 33 39 20 26 t99.0001 Connect to Existing 8" S.S. 00 00 00 1 EA 1 2 $896.261 $1,792.52 anitary Sewer Subtotal 1 $694,868.40 CITY OF FORT WORTH Tmdition South Phase 5B STANDARD CONSTRUCTION 131D PROPOSAL -DEVELOPER AWARDED PROJECTS City Project N 105522 Fotm Revised Januan 29, 2020 0042 43 Bid Prrop-1 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Tradition South Phase 5B, City Project # 105522 Project Item Information I Bidders Proposal Bidlist I Description I Specification I Unit of I Bid I Unit Price Bid Value Item Section No. Measure Quantity Storm Drain Facilities 27 3137.0104 Medium Riprap, dry 31 3700 SY 150 $126.09 $18.913.50 28 3305.0109 Trench Safety 3305 10 LF 1,813 $0.31 $562.03 29 3305.0112 Concrete Collar 33 05 17 EA 8 $1,303.92 $10,431.36 30 3341.0201 21" RCP, Class III 3341 10 LF 411 $77.70 $31,934.70 31 3341.0205 24" RCP, Class III 3341 10 LF 152 $87.58 $13,312.16 32 3341.0302 30" RCP, Class III 3341 10 LF 149 $109.671 $16,340.83 _33 13341.0309 36" RCP, Class III I 3341 10 LF 532 $137.911 $73,368.12 _34 13341.0402 42" RCP, Class III I 3441 10 1 LF 380 $178.721 $67,913.60 _35 13341.0409 48" RCP, Class III 1 3341 10 1 LF 1 189 $209.491 $39,593.61 36 13349.0001 4' Storm Junction Box 1 33 49 10 1 EA 1 3 $6,234.801 $18,704.40 37 13349,0002 5' Storm Junction Box 1 33 49 10 I EA 1 3 $7,715.571 $23,146.71 _38 13349.0003 6' Storm Junction Box 1 3349 10 1 EA 1 1 $11,102.741 $11,102.74 _39 13349.1002 21" SET, 1 pipe 1 33 49 40 I EA 1 1 $3,926.731 $3,926.73 40 10241.4401 Remove 42" Headwall/ SET 1 2441 14 1 EA 1 1 1 $1,543.721 $1,543.72 41 10241.3021 Remove 42" Storm Line 1 0241 14 1 LF 1 20 1 $57.181 $1,143.60 42 10241.0800 Remove RCRap 1 0241 13 1 SY 1 33 1 $23.491 $775.17 43 3349.5001 10' Curb In 1 33 49 20 1 EA 1 10 1 $7,056.121 $70,561.20 44 13349.5002 15' Curb Inlet 1 33 49 20 1 EA 1 2 1 $10,125.561 $20,251.12 _45 13349.7001 4' Drop Inlet 1 32 49 20 1 EA 1 1 1 $6,930.221 $6.930.22 13349.7002 5' Drop Inlet 1 33 49 20 1 EA 1 1 1 $8,850.001 $8,850.00 _46 47 19999.0001 3' Drop Inlet 1 00 00 00 I EA 1 2 I $5,779.181 Storm Drain Subtotal $450,863.88 Water/Sanitary Sewer/Storm Drain Facilities Subtotal 1 $1,660,355.941 Bid Summary Water/Sanitary Sewer/Storm Drain Facilities Subtotal I $1,660,355.94 Total Bid $1,660,355.94� This bid is submitted by the entity listed below: Company: Venus Construction B �Ike, Nc'— Street Address: 1426 S. Main St. City, State, Zip Code: Mansfield, TX 76063 _ S�nqtuje Title: C r.S k Date: 5' I tg I a v a-:5 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 55 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH Tradition Souffi Ph— 5B STANDARD CONSTRUCTION BID PROPOSAL -DEVELOPER AWARDED PROJECTS city Project 9105522 F— Revised January 29, 2020 004241 Bid Proposal SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Tradition South Phase 5B, City Project 4 [ 05522 UNIT PRICE RID Project Item Inromtatlon Bidder's Proposal Bidlist Description j Specification Unit Of f3id I Unit Price Bid Value j Item I Section No Measure Quantity ! ! Paving Facilities 1 3211.0400 Hydrated Lime @ 30 lbs./S.Y. Residential) 3211 29 TON 251.6 $320.00 $80,512-00 2 3211.0400 Hydrated Lime @ 36 lbs.IS.Y. (Collector) 3211 29 TON 5.3 $320.00 $1,696.00 3 3211.0501 6" Lime Treated Subgrade (Residential) 32 13 13 SY 16,769 $4.00 $67.076.00 4 3211.0501 8" Lime Treated Subgrade (Collector) 32 1313 SY 269 $4.50 $1,300.50 5 3213.0101 6" Concrete Pavement (Residential) 32 1313 SY 15.687 $50 00 $784,350.00 6 3213,0101 8" Concrete Pavement (Collector) 32 1313 SY 274 $65.00 $1T810 00 7 3213.0301 5' Cone Sidewalk 31 1320 LF 1,001 $3200 $32,032 00 8 3213.0501 R-1 Ramp 32 1320 EA 4 $3,500.00 $14,000-00 9 3213,0506 P-1 Ramp 32 13 20 EA 8 $3,500.00 $28,000.00 10 3292.0400 Seeding, Hydromulch 3292 13 SY 508 $1.00 $508.00 11 3441.4003 Fumishnnstall Alum Sign Ground Mount City Std. 34 41 30 EA 9 $350.00 $3,150.00 12 9999.0001 Concrete Header 00 00 00 LF 29 $20.00 $580.00 13 9999.0002 Type III End -of -Road Barricade 00 00 00 EA 1 $1,500.00 $1.500.00 14 9999,0003 Connect to Existing Pavement 00 00 00 EA 3 $500.00 $1,500,00 15 9999.0004 R1-1 Stop Sign 00 00 00 EA 7 $85.00 $595.00 16 9999,0005 St Marker Blade 00 00 00 EA 40 $185.00 $7,400.00 Paving Subtotal $1,042,009.50 Bid Summary Paving Facilities Subtotal Total Bid This bid is submitted by the entity listed below: Company: Matio Sinacola & Sons Excavating, Inc. Street Address: 10950 Research Rd. City, State, Zip Code: Frisco, TX 75033 B Ignature Title: Harlan Jones] ce President late: February 97. 2425 $1,042,009.50 I $1,042,009.50 Conimclor agrees to complete WORK ror FINAL ACCEPTANCE within _'F working days after (he date wtten the CONTRACT commences ea run as provided in the Cenral Conditions. END OF SECTION CrTY OF FORT WOR III Try L i,m 5,xnh Ph— 91 STAmimm c 1m I'muc rioN aln Pxl IN 3.1AIA)F V FI.(tPF.H AW"AR130) PkOJECT ti CP .j— w 105U2 Vona Re,-d ku 29, 2020 M 42 41Il,d I},11,—I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Tradition South Phase 513, City Project #105522 UNIT PRICE BID Project Item Information Bidlist Item Description Street Li9rtin Facilities 1 2605.3011 21�CONDT PVC SCH 40 (T) 2 3441.1408 NO 6 Insulated Elec Condr 3 3441.1501 Ground Box Type B 4 3441.1633 Type 33B Arm 5 3441.3201 LED Lighting Fixture (R-2) 6 3441.3201 LED Lig9hting Fixture (R-4) 7 3441.3301 Rdwy �IIUm Foundation T 1,2, and 4 8 3441.3341 Rdwy Illum TY 11 Pole Street Lighting Subtotal Bidder's Proposal Specification IUnit of Bid Section No. Measure Quantity Unit Price Bid Value 26 05 33 LF 2,757 $24.21 $66,746.97 3441 10 LF 8,271 $3.10 $25,640.10 344110 EA 6 $1,694.00 $10,164.00 3441 20 EA 22 $317.00 $6,974.00 344120 EA 19 $427.00 $8,113.00 344120 EA 3 $427.00 $1,281.00 3541 20 EA 22 $2,b9U.UU $56,980.00 :3441 2U EA 22 $2,:31tf.UU 2%0,996.00 $226,895.07 Bid Summary Street Lighting Facilities Subtotal I $226,895.07I Total Bid $226,895.07 This bid is submitted by the entity listed below: Company: Independent Utility Construction, Inc. By: 7hard Wolfe / Street Address: 5109 Sun Valley Drive City, State, Zip Code: Ft. Worth, TX 76119 Signature Title: President Date: 02/14/2025 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 35 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH Tradition South Phase 5B STANDARD CONSTRUCTION BID PROPOSAL -DEVELOPER AWARDED PROJECTS City Project 4105522 Form Revised January 29, 2020 00 42 43_Bid Proposal COMPLETION AGREEMENT — SELF FUNDED This COMPLETION AGREEMENT ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and Spur Wildflower Development, L.P., a Delaware limited partnership authorized to do business in Texas, ("Developer"), effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 42.313 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP-24-126, and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Tradition Phase 5B for Water, Sewer, Drainage, 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 ("CFA"); and WHEREAS, Developer has provided the City with a development bond for the paving and street light Improvements being constructed pursuant to the CFA; and WHEREAS, Developer desires to provide the City with this Agreement to guarantee construction of all other Improvements in the CFA ("Remaining CFA Obligations") and payment of all contractors and material suppliers; 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: City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 1 of 14 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 Remaining CFA Obligations in the aggregate should not exceed the sum of One Million Six Hundred Sixty Thousand Three Hundred Fifty -Five Dollars and Ninety -Four Cents ($1,660,355.94) hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Remaining CFA Obligations 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 Remaining CFA Obligations 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 Reuirements. 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 Remaining CFA Obligations 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 Remaining CFA Obligations; 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 Remaining CFA Obligations 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. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 2 of 14 The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations related to the Remaining CFA 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 Remaining CFA Obligations the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Remaining CFA Obligations; 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 Development Services Department 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Contract Management Office Kandice Merrick, Development Manager Email: Kandice.Merrick@fortworthtexas.gov Confirmation Number: 817-392-7810 With a copy thereof addressed and delivered as follows: Office of the City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Richard A. McCracken City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 3 of 14 Sr. Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: Spur Wildflower Development, L.P. 2700 Commerce Street, Suite 1600 Dallas, Texas 75226 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Leeal 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. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 4 of 14 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 Spur Wildflower Development, L.P., a Delaware limited partnership cv� By: Spur Wildflower Development GP, L.L.C., Jesica McEachern a Delaware limited liability company, Assistant City Manager its general partner Date: 06/24/2025 Approved as to Form & Legality: Jackson Skinner Assistant City Attorney M&C: N/A Date: 06/24/2025 ATTEST: Jannette Goodall City Secretary City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 5 of 14 By: Spur Portfolio Holdings, L.P. a Delaware limited partnership its sole member By: Spur Portfolio Holdings GP, L.L.C„ a Delaware limited liability company, its general partner By: Spur Ventures L.P., a Delaware limited partnership its sole member By: Spur Ventures GP, L.L.C., a Delaware limited liability company its general partner f�Z,L— John Brian Authorized Signatory Date: 06/24/2025 LIST OF EXHIBITS ATTACHMENT "1"- CHANGES TO STANDARD AGREEMENT EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 6 of 14 ATTACHMENT "1" Changes to Standard Agreement Self -Funded Completion Agreement Negotiated changes contained in the body of the Agreement City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 7 of 14 EXHIBIT A LEGAL DESCRIPTION All that certain lot, tract, or parcel of land, situated in a portion of the Guadalupe Cardinas Survey, Abstract No. 214, Denton County, Texas, being part of that certain called 383.83 acre tract described as Tract 5 in a deed to Spur Wildflower Development, L.P. recorded in Document No. 2025-34372 of the Deed Records of Denton County, Texas (DRDCT), and being more completely described as follows, to -wit: BEGINNING at a 1 /2" capped iron rod found stamped "GOODWIN & MARSHALL", hereinafter referred to as 1 /2" iron rod found, for the most northerly Northwest corner of said 383.83 acre tract, the Southwest corner of Lot 55X, Block ZZZ of Tradition Central, Phase 3A.2 recorded in Document No. 2023-251 of the Plat Records of Denton County, Texas (PRDCT) and being in the East line of a called 15.22 acre tract described in a deed to The 1990 Betty Marie McIntyre Irrevocable Trust, et al recorded in Volume 2906, Page 363 (DRDCT); THENCE South 86 deg. 14 min. 27 sec. East departing said East line and continue along the South line of said Lot 55X, Block ZZZ and the North line of said 383.83 acre tract, a distance of 222.13 feet to a 1 /2" capped iron rod found for a PI in said North and South lines; THENCE South 52 deg. 34 min. 22 sec. East along the Northeast line of said 383.83 acre tract and the Southwest line of said Lot 55X, Block ZZZ, at 141.34 feet pass a 1 /2" capped iron rod found for the Southeast corner of said Lot 55X, Block ZZZ and the Southwest corner of Lot 27X, Block ZZZ of Tradition Central, Phase 3A.1 recorded in Document No. 2021-474 (PRDCT), continue along said Northeast line and the Southwest line of said Lot 27X, Block ZZZ a total distance of 867.86 feet to a 1 /2" capped iron rod found for a PI in said Northeast and Southwest lines; THENCE South 44 deg. 08 min. 03 sec. East along said Northeast and Southwest lines, at 255.19 feet pass a 1 /2" capped iron rod found for the Southeast corner of said Lot 27X, Block ZZZ and an ell corner in the Northwest right-of-way line of Winding Meadows Drive (variable width right-of-way) recorded in Document No. 2021-87 (PRDCT), continue along said Northeast line a total distance of 275.69 feet to a 1 /2" capped iron rod found for an another ell corner in said Northwest right-of-way line; THENCE in a southwesterly direction departing said Northeast line and continue along said Northwest right-of-way line the following twelve (12) courses; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 8 of 14 South 33 deg. 1 1 min. 03 sec. West, a distance of 56.89 feet to a 1 /2" capped iron rod found for a Point of Curvature of a circular curve to the right, having a radius of 2,435.00 feet, a central angle of 08 deg. 13 min. 46 sec., and being subtended by a chord which bears South 37 deg. 17 min. 56 sec. West - 349.44 feet; Continue in a southwesterly direction along said curve to the right, a distance of 349.74 feet to a 1 /2" capped iron rod found; South 41 deg. 24 min. 49 sec. West tangent to said curve, a distance of 91.37 feet to a 1 /2" capped iron rod found; South 86 deg. 24 min. 49 sec. West, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 41 deg. 24 min. 49 sec. West, a distance of 50.00 feet to a 1 /2" capped iron rod found; South 03 deg. 35 min. 11 sec. East, a distance of 14.14 feet to a 1 /2" capped iron rod found; South 41 deg. 24 min. 49 sec. West, a distance of 425.00 feet to a 1 /2" capped iron rod found; South 86 deg. 24 min. 49 sec. West, a distance of 49.50 feet to a 1 /2" capped iron rod found; South 41 deg. 24 min. 49 sec. West, a distance of 60.00 feet to a 1 /2" capped iron rod found; South 03 deg. 35 min. 1 1 sec. East, a distance of 49.50 feet to a 1 /2" capped iron rod found; South 41 deg. 24 min. 49 sec. West, a distance of 338.50 feet to a 1 /2" capped iron rod found for a Point of Curvature of a circular curve to the left, having a radius of 1,230.00 feet, a central angle of 32 deg. 34 min. 44 sec., and being subtended by a chord which bears South 25 deg. 07 min. 27 sec. West - 690.00 feet; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 9 of 14 Continue in a southwesterly direction along said curve to the left, a distance of 699.39 feet to a 1 /2" capped iron rod found stamped "GMCIVIL" for the Northeast corner of Tradition South, Phase 4B recorded in Document No. 2024-339 (PRDCT); THENCE in a westerly direction departing said Northwest line and continue along the North line of said Tradition South, Phase 4B the following five (5) courses; South 89 deg. 27 min. 24 sec. West non -tangent to said curve, a distance of 901.18 feet to 1 /2" capped iron rod found stamped "GMCIVIL"; North 00 deg. 32 min. 36 sec. West, a distance of 34.98 feet to 1 /2" capped iron rod found stamped "GMCIVIL"; South 89 deg. 29 min. 06 sec. West, a distance of 50.00 feet to 1 /2" capped iron rod found stamped "GMCIVIL"; South 44 deg. 27 min. 24 sec. West, a distance of 14.14 feet to 1 /2" capped iron rod found stamped "GMCIVIL"; South 89 deg. 27 min. 24 sec. West, a distance of 115.00 feet to a 1 /2" capped iron rod set stamped "GMCIVIL", hereinafter referred to as 1 /2" capped iron rod set; THENCE North 00 deg. 32 min. 36 sec. West departing said North line, a distance of 400.00 feet to a 1 /2" capped iron rod set; THENCE North 89 deg. 27 min. 24 sec. East, a distance of 122.08 feet to a 1 /2" capped iron rod set for a Point of Curvature of a non -tangent circular curve to the right, having a radius of 55.00 feet, a central angle of 63 deg. 41 min. 52 sec., and being subtended by a chord which bears North 47 deg. 07 min. 56 sec. East - 58.04 feet; THENCE in a northeasterly direction along said curve to the right, a distance of 61.15 feet to a 1 /2" capped iron rod set; THENCE North 00 deg. 32 min. 36 sec. West non -tangent to said curve, a distance of 120.92 feet to a 1 /2" capped iron rod set; THENCE North 89 deg. 27 min. 24 sec. East, a distance of 305.00 feet to a 1 /2" capped iron rod set; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 10 of 14 THENCE North 00 deg. 32 min. 36 sec. West, a distance of 5.00 feet to a 1 /2" capped iron rod set; THENCE North 89 deg. 27 min. 24 sec. East, a distance of 570.76 feet to a 1 /2" capped iron rod set; THENCE South 58 deg. 12 min. 55 sec. East, a distance of 53.61 feet to a 1 /2" capped iron rod set for a Point of Curvature of a non -tangent circular curve to the right, having a radius of 1,175.00 feet, a central angle of 05 deg. 27 min. 53 sec., and being subtended by a chord which bears North 36 deg. 26 min. 38 sec. East - 112.02 feet; THENCE in a northeasterly direction along said curve to the right, a distance of 112.07 feet to a 1 /2" capped iron rod set; THENCE North 06 deg. 26 min. 10 sec. West non -tangent to said curve, a distance of 13.93 feet to a 1 /2" capped iron rod set; THENCE North 40 deg. 47 min. 12 sec. East, a distance of 50.07 feet to a 1 /2" capped iron rod set; THENCE North 84 deg. 33 min. 39 sec. East, a distance of 14.59 feet to a 1 /2" capped iron rod set; THENCE North 41 deg. 24 min. 49 sec. East, a distance of 38.31 feet to a 1 /2" capped iron rod set; THENCE North 00 deg. 22 min. 14 sec. West along the East line of a called 78 acre tract described in said deed recorded in Volume 2906, Page 363 (DRDCT), the East line of said 15.22 acre tract and the West line of said 383.83 acre tract, a distance of 1,747.93 feet to the POINT OF BEGINNING, containing 1,886,736 square feet or 43.313 acres of land, more or less. SAVE AND EXCEPT All that certain lot, tract, or parcel of land, situated in a portion of the Guadalupe Cardinas Survey, Abstract No. 214, Denton County, Texas, being all of those tracts of land described as Director Lot 1 as described in a deed to Kale Sims recorded in Document No. 2020-46567 of the Deed Records of Denton City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 11 of 14 County, Texas (DRDCT), Director Lot 2 as described in a deed to An Pham recorded in Document No. 2020-46568 (DRDCT), Director Lot 3 as described in a deed to Leah Martins recorded in Document No. 2020-46569 (DRDCT), Director Lot 4 as described in a deed to Obinwa Ikebunna recorded in Document No. 2020-46570 (DRDCT), and Director Lot 5 as described in a deed to Zarah Boaz recorded in Document No. 2020-46571 (DRDCT), and being more completely described as follows, to -wit: COMMENCING at a 1 /2" capped iron rod found stamped "GOODWIN & MARSHALL", for the most northerly Northwest corner of a called 383.83 acre tract described as Tract 5 in a deed to Spur Wildflower Development, L.P. recorded in Document No. 2025-34372 (DRDCT) and the Southwest corner of Lot 55X, Block ZZZ of Tradition Central, Phase 3A.2 recorded in Document No. 2023-251 of the Plat Records of Denton County, Texas (PRDCT); THENCE South 05 deg. 49 min. 38 sec. East, a distance of 525.79 feet to a 1 /2" capped iron rod set stamped "GMCIVIL", hereinafter referred to as a 1 /2" capped iron rod set, for the Northwest corner of said Director Lot 1, said point being the TRUE POINT OF BEGINNING; THENCE North 89 deg. 37 min. 46 sec. East along the North line of said Director Lot 1, a distance of 100.00 feet to a 1 /2" capped iron rod set for the Northeast corner of same; THENCE South 00 deg. 22 min. 14 sec. East along the East line of said Director Lot 1 lot, a distance of 87.12 feet to a 1 /2" capped iron rod set for the Southeast corner of same and the Northwest corner of said Director Lot 4; THENCE North 89 deg. 37 min. 46 sec. East along the North line of said Director Lot 4, a distance of 100.00 feet to a 1 /2" capped iron rod set for the Northeast corner of same; THENCE South 00 deg. 22 min. 14 sec. East along the East line of said Director Lot 4 and Director Lot 5, a distance of 174.24 feet to a 1 /2" capped iron rod set for the Southeast corner of said Director Lot 5; THENCE South 89 deg. 37 min. 46 sec. West along the South line of said Director Lot 5 and Director Lot 3, a distance of 200.00 feet to a 1 /2" capped iron rod set for the Southwest corner of said Director Lot 3; City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 12 of 14 THENCE North 00 deg. 22 min. 14 sec. West along the West line of said Director Lot 3, Director Lot 2, and Director Lot 1, a distance of 261.36 feet to the POINT OF BEGINNING, containing 43,560 square feet or 1.000 acres of land, more or less. Leaving a Net Area of 1,843,176 square feet or 42.313 acres of land, more or less. City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 13 of 14 EXHIBIT B APPROVED 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 Total Cost covered by this agreement: City of Fort Worth, Texas Standard Completion Agreement — Self -Funded CFA Official Release Date: 06/10/2025 Page 14 of 14 Developer's Cost $ 514,623.66 $ 694,868.40 $ 1,209,492.06 $ 450,863.88 $ 450,863.88 $ 1,660,355.94