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HomeMy WebLinkAbout064252 - General - Contract - Mustang Creek Mitigation Holdings LLCDocusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 CSC No. 64252 PURCHASE AND SALE AGREEMENT FOR MITIGATION CREDITS (MUSTANG CREEK MITIGATION BANK) This Purchase and Sale Agreement for Mitigation Credits ("Agreement') is entered into this 22nd day of October , 2025 (the "Effective Date"), by and between Mustang Creek Mitigation Holdings LLC., a Delaware limited liability company ("Seller"), and the City of Fort Worth ("Buyer"), collectively referred to herein as the "Parties." RECITALS A.Seller is the Bank Sponsor for the Mustang Creek Mitigation Bank ("MCMB"), a mitigation banking instrument ("MBP'), authorized by the Department of the Army, Ft. Worth District, Corps of Engineers ("USACE') under Permit No. SWF-2020-00419. B.Seller has received approval from the USACE for the initial credit release for MCMB that allows Seller to offer Stream Credits for sale ( "Initial Release'') as compensation for unavoidable adverse impacts to, or for the loss of, among other things, jurisdictional waters of the United States, including streams, aquatic resources, natural habitats and ecosystems, located within that certain geographical service area more particularly depicted on attached Exhibit A (the "Service Area") or other areas as may be approved by the USACE in accordance with the MBI. C.Buyer is seeking to implement a project which Buyer has determined falls within MCMB' s service area, (the "Project'). The Project has been authorized by the USACE pursuant to Permit No. SWF-2025-00141, (the "Permit'). Because portions of the Project will unavoidably and adversely impact streams in Service Area watersheds, Buyer is seeking to acquire 266.94 Stream Credits from Seller to mitigate Project stream impacts that will occur in these watersheds (the "Subject Mitigation Credits"). D.Buyer desires to purchase from Seller and Seller desires to sell to Buyer the aforementioned Subject Mitigation Credits according to the terms and conditions set forth below. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE AND THE REMAINING TERMS, COVENANTS AND CONDITIONS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1.Purchase and Payment. a.As described below, Seller agrees to sell the Subject Mitigation Credits identified in Recital paragraph C to Buyer. The purchase price of the Subject Mitigation Credits shall be four hundred sixty-seven thousand one hundred forty-five U.S. Dollars ($467,145.00), (the "Bank Credit Purchase Price"), all as particularly described in attached Exhibit B. 1 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 b. The Bank Credit Purchase Price shall be paid by Buyer to Seller within 7 days of the execution of this Agreement in the following manner: Bank Name: Bank Routing Number: Account Name: Account Number: Bank of America NA, 222 Broadway, New York, NY 10038 026009593 Mustang Mitigation Holdings LLC 23 South Main Street, Suite 3A, Hanover, NH 03755 3880 0373 8334 Important: These instructions are good for wires only. They will not work for EFT or ACH payments. c. BUYER ACKNOWLEDGES AND AGREES THAT (I) THIS AGREEMENT IS AN ARM' S-LENGTH CONTRACT BETWEEN THE PARTIES; (II) SELLER HAS NO CONTROL OVER THE ACTIONS OR INACTIONS OF THE USACE OR ANY OTHER GOVERNMENTAL AGENCY; AND (III) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL REPRESENTATIONS, DISCLOSURES AND WARRANTIES, EXPRESS OR IMPLIED, ARE FULLY DISCLAIMED. 2. Term and Termination. The Parties contemplate that the Agreement will remain in effect the earlier of (i) the transfer of the Subject Mitigation Credits by Seller to the Buyer or (ii) twelve (12) months following Buyer's delivery of the Bank Credit Purchase Price to Seller ("Term"). Any unused credits at the expiration of this contract will remain the sole property of Seller. Following either event, this agreement shall terminate, and the parties will have no further obligation to each other. 3. Sale of Subiect Miti�ation Credits. The Subject Mitigation Credits will be transferred by Seller to Buyer within 7 days following: (a) Buyer's authorization of the credit transfer; and (b) upon Seller's receipt of payment of Bank Credit Purchase Price, which shall be evidenced with a final invoice marked "PAID IN FULL". Once the Subject Mitigation Credits have been transferred by Seller to Buyer, the sale contemplated in this Agreement shall be deemed to have occurred, at which time Seller will so notify the USACE with a copy to Buyer. 4. No Propertv Interest or Special Relationship. The sale of Subject Mitigation Credits as described herein is not intended as a sale to Buyer of a security, license, lease, easement or possessory or non-possessory interest in real property, nor the granting of any interest in the foregoing. The relationships between the Parties are ordinary commercial relationships; the Parties do not intend to create any other kind of relationship, such as principal and agent, a partnership, a joint venture, or any other special relationship. Representations of Buver. The Buyer represents to Seller the following: a. the Buyer has duly taken all action necessary to authorize the execution and delivery of this Agreement and to authorize the consummation and performance of the transactions contemplated by this Agreement; and 2 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 b. this Agreement, and all other agreements executed in connection with this Agreement are the legal, valid, and binding obligations of the Buyer, enforceable in accordance with their terms. 6. Renresentations of Seller. The Seller represents to Buyer the following: a. the Seller is a Delaware limited liability company, duly formed and validly existing; b. the Seller has all interests in property necessary to manage MCMB and has established the Subject Mitigation Credits contemplated by this Agreement; c. the Seller has duly taken all action necessary to authorize the execution and delivery of this Agreement and to authorize the consummation and performance of the transactions contemplated by this Agreement; and d. this Agreement, and all other agreements executed in connection with this Agreement are the legal, valid, and binding obligations of the Seller, enforceable in accordance with their terms. 7. Default and Remedies. a. Seller's Default; Buver's Remedies. i. If Seller shall fail to transfer the Subject Mitigation Credits to Buyer in accordance with this Agreement, and Seller's failure is not caused by or a result of (i) an act of default by Buyer under this Agreement or (ii) any other act or omission by Buyer, Seller shall be deemed in default and Buyer's sole remedy shall be the refund of monies paid by Buyer under this Agreement. Seller shall have no liability for any damages in excess of the Bank Credit Purchase Price. Seller shall have no liability for consequential or punitive damages. ii. Seller will not be held liable or responsible for any damage that may be caused by its inability, after the exercise of due diligence, to satisfy the mitigation requirements of this Agreement caused in whole or in part by unforeseeable causes beyond the control and without the fault or negligence of Seller, including but not limited to: acts of God, acts of the public enemy, insurrections, riots, strikes, lockouts, labor disputes, labor or material shortages, floods, interruptions to transportation, embargoes, acts of military authorities, or other causes of a similar nature which wholly or partly prevent the performance by Seller of its obligations hereunder (each, a "Force MajeuYe" event). In the event that Seller is rendered unable, wholly or in part, by reason of Force Maj eure, to carry out its obligations under this Agreement, it is agreed that on Seller's giving notice and full particulars of such Force Majeure in writing to the Buyer within a reasonable time after the occurrence of the cause relied on, the obligations of the Seller, so far as � Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall so far as possible be remedied as soon as possible. Once the disability is removed, Seller's obligation to perform under this Agreement shall continue. b. Buyer's Default; Seller's Remedies. If Buyer shall fail to deliver the Bank Credit Purchase Price in accordance with this Agreement, Seller may terminate this Agreement. Notice. Any notice or demand permitted or required by this Agreement shall be made in writing and shall be delivered by hand delivery, which shall include delivery by reputable national overnight courier service, such as Federal Express, or by electronic transmission (including electronic mail or facsimile, as may be set forth below) with confirmation of transmission followed by hand delivery of a copy of such notice or demand. Any such notice or demand shall be effective and deemed received on the date delivered to the address of the addressee, as indicated on the receipt confirmation if delivered by hand, or if delivered by electronic transmission, on the date of such transmission, as indicated on the receipt confirmation. Notice of rejection, or other refusal to accept, or the inability to deliver because of changed address of which no notice was given shall be deemed receipt of the notice, demand or request sent. For the purposes of this Section, notices shall be directed as follows: If to Seller: Mustang Creek Mitigation Holdings LLC c/o The Lyme Timber Company LLC 23 South Main Street, Suite 3A Hanover, NH 03755 With a copy to: Eco-Capital Advisors, LLC 3560 Lenox Road NE, Suite 1475 Atlanta, GA 30326 Email: thompson(a�ecocapitaladvisors.com Phone: If to Buyer: City of Fort Worth Attn: Iskal Shrestha 100 Fort Worth Trl. Fort Worth, TX 76102 E111a11: IskaL Shrestha@fortworthtexas. gov Phone: (817) 392-7254 9. Assi�nment. No party will be entitled to assign this Agreement to any person without the prior written consent of all the Parties hereto. � Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 10. Miscellaneous. a. The section headings in this Agreement are for convenience of reference only and are not intended, to any extent and for any purposes, to limit or define text of any section or subsection thereo£ If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement will nonetheless remain in full force and effect. b. This Agreement shall be construed and enforced according to laws of the State of Texas. The Parties agree that venue for any litigation between the Parties shall be in the state district court of Dallas County, Texas, and the Parties agree to submit to personal jurisdiction therein; provided, however, that the foregoing shall not be construed to limit the rights of a party to enforce a judgment or order from either of these courts in another jurisdiction. This Agreement may be executed in any number of counterparts, each of which shall be considered an original, but such counterparts together shall constitute one and the same instrument. The signature pages may be detached from one counterpart and reattached to another counterpart in order to form a fully-executed original instrument. Signatures to this Agreement transmitted by facsimile or electronic mail will be valid and effective to bind the party so signing. Each party agrees to promptly deliver any executed original to this Agreement with its actual signature to the other Parties, but a failure to do so will not affect the enforceability of this Agreement. d. This Agreement shall be binding upon and inure to the benefit of the Parties' respective successors, successors-in-title and assigns. There are no third-party beneficiaries of this Agreement. Each party shall be responsible for its own attorneys' fees in connection with the subject matter of this Agreement. The rule of construction that ambiguities in a document will be construed against the drafting party will not be applied in interpreting this Agreement. f. This Agreement, together with its e�ibits, constitutes the entire agreement of the Parties concerning the sale of the Subject Mitigation Credits to Buyer. There are no oral representations, warranties, agreements, or promises pertaining to such sale not incorporated in writing in this Agreement. g. This Agreement may be amended only by an instrument in writing signed by the Parties. No term or condition of this Agreement will be deemed to have been waived or amended unless expressed in writing, and the waiver of any condition or the breach of any term will not be a waiver of any subsequent breach of the same or any other term or condition. Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 h. Time is of the essence of this Agreement and each provision hereo£ If the last day upon which performance would otherwise be required or permitted is a Saturday, Sunday, or holiday, then the time for performance shall be extended to the next day which is not a Saturday, Sunday, or holiday. The term "holiday" shall mean all and only mandatory federal holidays including which deliveries by the United States Postal Service are suspended. Si�natures commence on the followin,� pa�e. G Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 Seller Signature Page to Purchase and Sale Agreement for Subject Mitigation Credits IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. SELLER By: �DocuSigned by: Charles Thompson Charles Thompson Name: Tltle: Authorized Representative Date: 11/4/2025 2025 7 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 Buyer Signature Page to Purchase and Sale Agreement for Subject Mitigation Credits IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. BUYER By:� Name: Jesica L. McEachem Title: Assistant City Manager November3Date: 2025------------� End o(Signatures 8 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 EXHIBIT A SERVICE AREA I Witchita � I I v I v � �• � 1ii3ozo6 i I Farmers-Mutl � I i � iii3ozoi �akeTexoma Mustang Creek iii3ozio j Witchta I ! i ������ii � Mitigation Bank � ui3ozo9 j � , � I Arc-Island � I , j I � � 11i4o1oi d � � I I � � ��—'—'--.—'—'—'— Elm Fork �, � __� � �__r.___. ___ .__ ..' Trinity_ _—_ __.. __.-____�__ -.. i. �—'— — ._ . .__. Sulphur � 12030103 --- ---------- � Head�y3tec � _-1 ', � -�' Siiqo301 I . Upper West , "--j— �iddle Fork Trinily �� I Bra s-Millers � izo3oioi �O�On Denton � i�o6oiol , izo3osoq � ' I I � I � East Fork I � � �-', � � � � �. Trinity j Lake ForV � - � I�iano iao3oio6 izoa000� , ower lear � --------- --- — _- _ . . C roU ^n � Upper __ -- i , � __._. _ _.___. � � ____ _ I Sabine _'i __ __i izoa000a I � G.rlandl . I = i � � � � Irving j . � �� � M eral We // Middle �� Weatherford � a��5 Mes�ni[e --- I zos-Palo Pinto I • Fort VYorth � � I izo6o2oi � Lower Wes� Ar6nc,�on I � � F1 03 r1oxY • Vran Prairie I . I I IRONWOOD i MustangCreek � �------------- � RESOURCE ADVISORS __ _ i Mitigation Eank Upper, ----' '; i Trinit �. �7ar � Y " 12o3o10T uo3oio O�/EFtL ND � � � � GEOSP�TII�L � � r --- ---- � --- � i �..--- ; . �� — ----i _ — _ -� ��� Chambers Wi„`. � uo3oiog . � � 8 Digit HUCs Primary Service Area �eJ ��; [�,�d USACE Dis[ric[ Boundary � Secondary Seroice Area � r ,~'f �J l COUn[i25 � - � T2rtidry52NiC2Ar2d � � Richland __- 1 �—J � �` 120;0108 7rinity�-T hu , ✓7 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 EXHIBIT B Purchase of Subiect Miti�ation Subject to the terms and conditions of the Agreement: Buyer will purchase 266.94 Stream Credits from Mustang Creek Mitigation Bank for a Bank Credit Purchase Price as follows: Total Purchase Price: $467,145.00 ($1,750.00 per Stream Credit) Bank Credit Purchase Price Due upon Execution of Agreement: $ 467,145.00 1C Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 PURCHASE AND SALES AGREEMENT FOR MITIGATION CREDITS-MUSTANG CREEK MITIGATION BANK CITY PROJECT NO. 103271 PROJECT NAME: EVERMAN PARKWAY EXTENSION ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH 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. i _}j,,,,,tt,...Iskal Shrestha / ' � Name ofEmployee/Signature Title: Sr. Professional Engineer Email: iskal.shrestha@fortworthtexas.gov APPROVAL RECOMMENDED: ;e__,z_BY: Lauren Prieur (Nov 3, 2025 07:52:53 CST) Lauren Prieur, Director Transportation and Public Work Email: Lauren.Prieur@fortworthtexas.gov CONTRACT AUTHORIZATION M&C: 25-0980 Date Approved: 10/21/2025 Form 1295: See attachment APPROVED AS TO FORM AND LEGALITY: BY: Douglas Black (Nov 3, 202512:58:19 CST) Douglas W. Black Senior Assistant City Attorney Email: douglas.black@fortworthtexas.gov ATTEST AS TO CITY MANAGER SIGNATURE: BY: _r __ 1 _� ___ _ Jannette S. Goodall City Secretary Email:Jannette.Goodall@fortworthtexas.gov Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/21/25 M&C FILE NUMBER: M&C 25-0980 LOG NAME: 20EVERMAN PARKWAY USACE MITIGATION BANK AGREEMENTS SUBJECT (CD 8) Authorize Execution of a Mitigation Bank Credit Purchase Agreement with Mustang Creek Mitigation Holdings LLC in the Amount of $467,145.00 for the Purchase of Mitigation Credits from the U.S. Army Corps of Engineers; and Authorize Execution of a Mitigation Bank Credit Purchase Agreement with Trinity River Mitigation Bank, L.P. in the Amount of $395,000.00 for the Purchase of the Mitigation Credits from the U.S. Army Corps of Engineers for the Extension of Everman Parkway Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a mitigation bank credit purchase agreement with Mustang Creek Mitigation Holdings, LLC in the amount of $467,145.00 for the purchase of mitigation credits from the U.S. Army Corps of Engineers for the extension of the Everman Parkway project (City Project No. 103271); and 2. Authorize execution of a mitigation bank credit purchase agreement with Trinity River Mitigation Bank, L.P. in the amount of $395,000.00 for the purchase of the mitigation credits from the U.S. Army Corps of Engineers for the extension of the Everman Parkway project (City Project No. 103271). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of two Mitigation Bank Credit Purchase Agreements for the purchase of mitigation credits from the U.S. Army Corps of Engineers (USACE). In accordance with Section 404 of the Clean Water Act, the Everman Parkway Extension project requires a Nationwide Permit 14 (NWP 14) from the USACE because it involves the construction of a linear transportation project across waters of the United States (U.S.), specifically Sycamore Creek. This permit authorizes the placement of fill material associated with the roadway construction within those areas designated as waters of the U.S. The magnitude of the stream impact necessitates compensatory mitigation, which can be achieved in one of two ways: by creating additional habitat on site or an alternate location approved by the USACE, or by purchasing mitigation credits from a mitigation bank. The City is choosing the latter approach because the mitigation banks assume responsibility for the long-term success of the mitigation site, relieving the city of this responsibility. The NWP 14 stream crossing authorization, coupled with the mitigation bank credits, ensures compliance with federal regulations while allowing the project to proceed. Mustang Creek Mitigation Holdings, LLC, and Trinity River Mitigation Bank, L.P., are established mitigation banks that allow for the sale of mitigation credits to third parties in need of such mitigation, as approved by USACE. A Purchase of Mitigation Agreement, in the amount of $467,145.00 from Mustang Creek Mitigation Holdings, LLC and $395,000.00 from Trinity River Mitigation Bank, L.P., is needed for the transfer of credits to compensate for the loss of aquatic resources. The following table summarizes the available funding for the project: Fund Bond Fund (34027) Funds (30104 & 30106) mpact Fee (30108) Capital Project Funds i08) otal Existing Funding Additional Funding $29,783,123.46 $0.0 18,416,876.54 $0.0 792,623.53 $0.0 1,007,376.47 $0.0 $50,000,000.00 $0.0 Project Total $29,783,123.46 18,416,876.54 792,623.53 1,007,376.4 $50,000,000.00 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 � I Funding is budgeted in the 2022 Bond Program Fund and in the Developer Contribution Fund for the Transportation & Public Works Department to fund the extension of the Everman Parkway (Rosedale Springs) project, as appropriated. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provided liquidity to support the appropriation. Available resources will be used to make any interim progress payment until the debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund and the Developer Contribution Fund for the Everman Pkwy (Rosedale Springs project� to support the approval of the above recommendations and execution of the agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 Expedited Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 CERTIFICATE OF INTERESTED PARTIES �oRnn 1295 i or 1 Complete Nos. 1- 4 and 6 if [here are interested partles. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. CERTIFICATION OF FILWG 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2025-1354996 Ntustang A+litigation Holdings LLC Hanover, NH United States Dace Filed: 2 Name of governmental entity or state agency thai is a party to the contract for which the form Is 08126/2025 being filed. Clty of FOrt WOrth Date Acknowledged: 3 Provide the identiflcation number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 103271 Stream Mitigation Gredits Nature ofinterest 4 iJame of Interested Party Ciry, State, Country (place of business) (check applicable) Controlling Intermediary COF MRigation Moldings LLC Ffanover, NH Uniteci States X Ironwood Resource Advisors, LLC Fulshear, TX United States X 5 ChecK onEy if there is NO Interested Party. ❑ 6 UNSWORh! DECLARATION T My name is �G.,v � -� s-� �� S�' �'�1 . and my date of birth is Myaddressis_3 ��� [,°�n C at �• 5�� /y7S , /Y}lara'�-- ,�, 3U���' ,�?r/JC, (city) (state) (zip code) {country) I declare under penalry of perjury that the foregoing is vue and correct. Executed +n }'u� �o,a Couniy, State o1 �� , on the ��day o1 _s}.���..�, 2p_�. (month� (year) � �titi Signature of authorized agent of contracting business enury (DeGarani) Forms provid�d by Texas Ethics Commission www.ethics.state.bc.us Version V4.2.O.i10dOfd8 Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 103271-CPAG-Mitigation Bank Credit Purchase Agreement - Mustang Creek Mitigation Holding LLC - Everman Parkway Extension Project Final Audit Report 2025-10-29 Created: 2025-10-19 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAA5pnLAKD278e7rinMOnRcjzY_tWTLoIZw "103271-CPAG-Mitigation Bank Credit Purchase Agreement - M ustang Creek Mitigation Holding LLC - Everman Parkway Extens ion Project" History � Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2025-10-19 - 11:46:04 PM GMT- IP address: 204.10.90.100 Document emailed to Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) for filling 2025-10-20 - 6:17:58 PM GMT Document emailed to Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) for signature 2025-10-20 - 6:17:58 PM GMT Email viewed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) 2025-10-20 - 6:32:47 PM GMT- IP address: 104.47.64.254 �=-;� Document e-signed by Iskal Shrestha (Iskal.Shrestha@fortworthtexas.gov) Signature Date: 2025-10-20 - 6:41:30 PM GMT - Time Source: server- IP address: 208.184.124.181 _� Email viewed by Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) 2025-10-20 - 7:39:17 PM GMT- IP address: 104.47.64.254 ��p Form filled by Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) Form filling Date: 2025-10-20 - 7:47:43 PM GMT - Time Source: server- IP address: 208.184.124.181 -'' Document emailed to Raul Lopez Roura (Raul.LopezRoura@fortworthtexas.gov) for filling 2025-10-20 - 7:47:46 PM GMT ��RT��IiTHg Paweredt+v � Adobe Acrobat Sign Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 =i Email viewed by Raul Lopez Roura (Raul.LopezRoura@fortworthtexas.gov) 2025-10-20 - 10:25:15 PM GMT- IP address: 104.47.65.254 ��-;� Form filled by Raul Lopez Roura (Raul.LopezRoura@fortworthtexas.gov) Form filling Date: 2025-10-29 - 4:05:43 PM GMT - Time Source: server- IP address: 208.184.124.181 Document emailed to Lissette Acevedo (Lissette.Acevedo@fortworthtexas.gov) for filling 2025-10-29 - 4:05:50 PM GMT �` Email viewed by Lissette Acevedo (Lissette.Acevedo@fortworthtexas.gov) 2025-10-29 - 4:05:56 PM GMT- IP address: 62.10.205.18 _�_ Document canceled by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2025-10-29 - 4:21:48 PM GMT- IP address: 204.10.90.100 ��RT��IiTHg Paweredt+v � Adobe Acrobat Sign Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 F�R'� ��RTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Mitigation Bank Credit Purchase Agreement— Mustang Creek Mitigation Holding LLC- Everman Parkway Extension Project M&C: 25-0980 CPN: 103271 CSO: TBD DOC#: 1 Date: 10/17/2025 To: Name Department Initials Date Out 1. Alexandra Ripley TPW - review � Oct 20, 2025 2. Iskal Shrestha TPW - Signature ,!s Oct 20, 2025 3. Raul Lopez TPW - review ,�� Oct 29 2025 4. Lissette Acevedo TPW - review o(�% Oct 31, 2025 5. Patricia Wadsack TPW - review p(�'�//' 11/02/2025 6. Lauren Prieur TPW - signature +� 11/03/2025 7. Doug Black Legal - signature � 11/03/2025 8. Jesica McEachern CMO - signature � 11/03/2025 9. Jannette Goodall CSO - signature il/05/2025 10. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All docuinents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and talce the next ste s. NEEDS TO BE NOTARIZED: �YES �No RUSH: ❑YES �No SAME DAY: ❑YES �No NEXT DAY: ❑YES ❑No ROUTING TO CSO: �YES ❑No Action Re uired: As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File M&C ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a�FortWorthTexas.�ov at ext. 7254 for pick up when completed. Thank you! Docusign Envelope ID: 2B186291-D89F-4D33-AEFE-3CF897D5B870 FORT �VORTH� � City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Mustang Creek Mitigation Holdings LLC. Subject of the Agreement: Purchase of Mitigation Credits from the U.S. Army Corps of Engineers for the Extension of Everman Parkway M&C Approved by the Council? * Yes � No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? �Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. 1295 Form on page 16 Effective Date: october 22, 2025 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. 103271 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the followin o� 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.