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HomeMy WebLinkAbout064812 - Construction-Related - Contract - CTMGT Alpha Ranch, LLCReceived Date: 03/02/2026 Received Time: 3:08 p.m. Developer and Project Information Cover Sheet: Developer Company Name: CTMGT Alpha Ranch, LLC Address, State, Zip Code: Phone & Email: Authorized Signatory, Title Project Name: Brief Description: Project Location: Plat Case Number: District: CFA Number: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 1800 Valley View, Suite 300, Farmers Branch, TX 75234 (281) 387-1633; aadkins@landmarkinterests.com Mehrdad Moayedi, Manager Alpha Ranch Roadways Master Infrastructure Water, Drainage, Paving, and Street Lights Improvements South of HWY 114, West of Sendera Ranch Blvd FP-25-130 Plat Name: Alpha Ranch Master Infrastructure Roadways ETJ Phased or Concurrent Provisions: None CityProjectNumber: 1i�5524 I iPRC24-0075 25-0184 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 17 City Contract Number: 64812 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 CTMGT Alpha Ranch, LLC ("Developer"), a Texas limited liability company acting by and through its duly authorized representative. Ciry 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 Alpha Ranch Roadways Master Infrastructure ("Project"); and WHEREAS, the Project is located within the Alpha Ranch Water Control and Improvement District of Denton and Wise Counties, formerly the Alpha Ranch Fresh Water Supply District No. 1 of Denton and Wise Counties ("District"); and WHEREAS, the property is the subject of the following agreements: the Alpha Ranch Development Agreement, City Secretary Contract No. 48650, as amended ("Development Agreement"); an Agreement for Construction of Sendera Ranch Boulevard, City Secretary Contract Number 48648, as amended ("Sendera Ranch Blvd Agreement"); a Utility and Infrastructure Agreement, City Secretary Contract Number 58579 ("Utility Agreement"); an Agreement Concerning Operation of Alpha Ranch Fresh Water Supply District No. 1 of Denton and Wise Counties, as amended, City Secretary Contract Number 48647 ("Operation Agreement"); a Sewer Infrastructure Agreement, City Secretary Contract Number 48656 ("Sewer Agreement"); and a Water Infrastructure Agreement, City Secretary Contract Number 48654 ("Water Agreement"); 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 infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and �FFICIAL RECORD City of Fort Worth, Texas �`,�TY C�ECRETAR� Page 2 of 17 Standard Community Facilities Agreement Rev. 9/21 FT. WORTH, TX WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, upon completion of construction of the water Improvements ("City Improvements") the City will accept and maintain the Ciry Improvements; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: � Exhibit A: Water ❑X Exhibit B: Paving 0 Exhibit B-1: Storm Drain 0 Exhibit C-1: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incarparated herein by reference. To the extent that Exhibits A, B, B-1, G1, 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 City of Fort Worth, Texas Page 3 of 17 Standard Community Facilities Agreement Rev. 9/21 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 acknowledge the completion of the construction of all the Improvements, or accept the City Improvements, until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of all of the Improvements in this Agreement and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"), as required by the Development Agreement. Developer shall keep the Financial Guarantee in full farce 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 acknowledgment of the construction of the Improvements, and City's acceptance of the City 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 acknowledged by the City, and the City Improvements 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) The City may elect not to utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or payment of the costs for construction, and may instead enforce its rights under this Agreement through all available means at law and in equity. City of Fort Worth, Texas Page 4 of 17 Standard Community Facilities Agreement Rev. 9/21 (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (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 prequaliiied, 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 City of Fort Worth, Texas Page 5 of 17 Standard Community Facilities Agreement Rev. 9/21 contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (� Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (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 Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTR UCTION, 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 PROPERLYSAFEGUARD 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 SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. City of Fort Worth, Texas Page 6 of 17 Standard Community Facilities Agreement Rev. 9/21 (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQIIIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAIISED AS A RESULT OF SAID CONTRACTORS' FAILIIRE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the water 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 contractars, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third-party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation; Inspection and Testing Prior to execution of this Agreement, Developer has paid to the Ciry the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees for the water Improvement in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the water Improvement, 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 water Improvement 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. In accordance with the Development Agreement, City shall be responsible for inspecting the construction of all water and sewer improvements. The District's engineer may observe the City's inspections for the purpose of gathering the information required to complete and submit all TCEQ required reports. The City's inspectors shall cooperate with the District to provide inspection report that satisfy TCEQ requirements for issuance of bonds by the District. City of Fort Worth, Texas Page 7 of 17 Standard Community Facilities Agreement Rev. 9/21 Inspection and testing of all other Improvements (other than water and sewer Improvements), shall be performed by inspectars retain and paid for by the District, or the property owner on behalf of the District, and approved by the City ("Third Party Inspectors"). The District or property owner shall submit the names, addresses, and phone numbers of the Third Party Inspectors to the City as part of the submittal of final construction plans. Construction of the Improvements shall not commence until the Third Party Inspectors have been approved by the City, which approval shall not be unreasonably withheld or delayed. The District or property owner shall require all Third Party Inspectors to provide copies of all inspection and testing reports to the City Inspector within five (5) business days of the date of the inspection. The City has the right to terminate any Third Party Inspector retained by the District or owner in accordance with the foregoing paragraph if the inspector (a) fails to perform inspections and testing to ensure construction in compliance with this Agreement and the Development Agreement; or (b) fails to timely provide copies of inspection and testing reports to the City's Transportation and Public Works Department, and does not correct any such deficiencies within ten (10) days after receipt of written notice from the City. Upon terminate of any Third Party Inspector, the City at its option may: (a) allow the use of another approved Third Party Inspector, ar(b) perform all necessary inspections and testing. Should the City elect to perform inspections and testing pursuant to this subsection, the City shall perform such inspections and testing in a timely manner and the District shall pay the City an inspection fee to reimburse the City for its reasonable and necessary costs of performing the inspection, not exceeding the City's generally applicable fee schedule. The City shall have the right, but not the obligation to inspect and test the Improvements being inspected by Third Party Inspectors at City sole cost and expense. City shall have the right to participate in a final inspection of all Improvements. Developer shall require the contractor to notify the City Inspector when Improvements are ready for a final inspection. Denton County shall inspect all flood control structures and connections to Denton County Roads. The property owner shall deliver as-built drawings for all Improvements to the City and County within thirty (30) days after fnal inspection. 15. Water and Sewer Material Testing Fees and Reports The City maintains a list of pre-approved material testing laboratories. For water and sewer Improvements 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 water or sewer 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 obtainproof from the material testing labaratories that the material testing laboratories have been paid in full by the Developer before the City will accept any water or sewer Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given sha11 be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: City of Fort Worth, Texas Page 8 of 17 Standard Community Facilities Agreement Rev. 9/21 Development Services Contract Management Ofiice City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With conies 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 CTMGT Alpha Ranch, LLC 1800 Valley View, Suite 300 Farmers Branch, TX 75234 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to City of Fort Worth, Texas Page 9 of 17 Standard Community Facilities Agreement Rev. 9/21 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, offcers, 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 autharized 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 ar relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the City of Fort Worth, Texas Page 10 of 17 Standard Community Facilities Agreement Rev. 9/21 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 mare 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. 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 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certiiies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code 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 iirearm entity ar firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. 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 City of Fort Worth, Texas Page 11 of 17 Standard Community Facilities Agreement Rev. 9/21 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 wark under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority City of Fort Worth, Texas Page 12 of 17 Standard Community Facilities Agreement Rev. 9/21 The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 13 of 17 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Alpha Ranch Roadways Master Infrastructure CFA No.: 25-0184 Items A. Water and Sewer Construction 1. Water Construction * 2. Sewer Construction Water and Sewer Construction Total City Project No.: 105524 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Stripping TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee ( For Water Consfruction) EscrowAqreement = 100% �Note: Only Water Construction is required to be inspected by City IPRC No.: 24-0075 Developer's Cost $ 1,378,986.00 $ - $ 1,378,986.00 $ 6,489,296.25 $ 5,443,585.00 $ 1,085,320.00 $ - $ 13,018,201.25 $ 14,397,187.25 $25,312.50 $8,268.00 $2,193.75 $ 35,774.25 City of Fort Worth, Texas Page 14 of 17 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 �-� Jesica McEachern Assistant City Manager Date: 03/01 /2026 Recommended by: ' , -. �/ Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: ��� c��� Jessika Williams Assistant City Attorney M&C No.: N/A Date: 02/25/2026 Form 1295: N/A ATTEST: c�x % � �i�." Jannette S. Goodall City Secretary anqn poF FORt�°o a�° o9•i°v tio pv� �=d Pa� * p o o*�d dda�°�°�E�A5�4q DEVELOPER CTMGT Alpha Ranch, LLC, a Texas limited liability company By: Centamtar Terras, L.L.C., Its Manager By: CTMGT, LLC, Its Manager MeGc��faal Moa���fi �,1chrdc�d Mo����cd�i IFcb 19. 70JS iY 3�.�5 CSTj Mehrdad Moayedi, Manager Date: 02/19/2026 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. _�� Kandice Merrick Contract Compliance Manager 4FFICIAL RECORD City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 CITY SECRETARY Page 15 of 17 FT. WORTH, TX The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment 0 Attachment 1- Changes to Standard Community Facilities Agreement ❑ Attachment 2— Phased CFA Provisions ❑ Attachment 3— Concurrent CFA Provisions 0 Location Map 0 Exhibit A: Water Improvements 0 Exhibit B: Paving Improvements � Exhibit B-1: Storm Drain Improvements � Exhibit C-1: Street Lights and Signs Improvements � Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 16 of 17 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 105524 Negotiated changes are contained in the body of the Agreement. City of Fort Worth, Texas Page 17 of 17 Standard Community Facilities Agreement Rev. 9/21 ! ,-, � � � ' I `�111 I I � � � � �� --, � , � � � � �� � �� -� � � -7 � 1 � � � \ � �' � � � r r � ; � — `�- � --i � � , , � � � � I��COUNiYROAD4730� ` � -- � � _�_1�� � —_ — S J � � ' f — r � .. � �- -� ' � , � � i � � Z '� � � �- � � t — � �_� rr 1 � \ ISAM REYNOLDS ROADJ � I � _, ;,-/'J' �`- I a r 1 �. l "' �„ o ` W W ' PR0,1ECT �` �P° �- z � f' ,.� � J,,. �¢ � z ` L O CAT I 0 N � �P���P�� � � � J O � � � �P� � — ` __ � IHIGHWAY 114� 1 \� �� � �z � '� e � v � ELIZABETH � . _ ,�O ` ATU A PHNSES CREEK p � `1 } 0�• �� — / \ � -/� � / Q � -�1 �� �G`Z`�� f � l � l t � 5 �COUNTY ROAD 4840�—,, � J w — Z f P � ` I . . .W J� p �`s � f -r � r � f z � � /" r �' `� � J' r � � � � � �� � f S u' z /� r<( � � ¢ C7 f � l J � � /'�f � ` ONGBIRD LANE� I I�OHN DAY ROAD� f ^y65 � J I`r � �� f � �OG ) � � /'� 7i U`` / �� y' J � 4 �� ' � � � � � � ` "9Q �— „� r� ,.f' . � J � ,f. w � � � `�2� I � � � �„ 3 I �n � r 4� � � - 4 � � � �.,`` � � � � , , i . . �' , �� �`� \��� � � � � � N O N N � m 0 0 a OWNER/DEVELOPED BY: CTMGT ALPHA RANCH, LLC 1800 VALLEY VIEW LANE, STE 300 FARMERS BRANCH, TX 75234 281-387-1633 CITY PROJECT N0. 105524 MAPSCO PAGE DEN-641 N IPRC 24-0075 CPN 105524 ALPHA RANCH, PHASE 1 B Westw►ood vICINITY MAP EXHIBIT FORT WORTH - TEXAS JANUARY2026 � ��� /.� �- � a� ' w � ��� �� � �' � > �I � � STREETAA � 12" PVC W�_�'� � � a � N O N � � m 0 0 a � u OWNER/DEVELOPED BY: CTMGT ALPHA RANCH, LLC 1800 VALLEY VIEW LANE, STE 300 FARMERS BRANCH, TX 75234 281-387-1633 �� � �•�• . LEGEND PROPOSED WATER LINE EXISTING WATER LINE ALPHA RANCH WATER EXHIBIT A FORT WORTH - TEXAS JANUARY2026 NOTE: ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED IPRC 24-0075 CPN 105524 � ��� /�� �� � a� z w ��� �� � , STREETAA �� � a � N O N � � ; m 0 0 a • C PROPOSED PAVEMENT SIDEWALK BY DEVELOPER SIDEWALK BY HOMEBUILDER PROPOSED M-2 RAMP PROPOSED R-1 RAMP PROPOSED P-1 RAMP OWNER/DEVELOPED BY: CTMGT ALPHA RANCH, LLC 1800 VALLEY VIEW LANE, STE 300 FARMERS BRANCH, TX 75234 281-387-1633 NOTE: A VING IMPROVEMENTS TO BE INSPECTED AND MAINTAINED BY THE ALPHA RANCH WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON AND WISE COUNTIES. IPRC 24-0075 CPN 105524 ALPHA RANCH W��"'Od WCID-PAVING IMPROVEMENT EXHIBIT B FORT WORTH - TEXAS JANUARY2026 LEGEND � ��� /�� �� . a,�. , — ,., ..:�z i : f;,��. �, < z ,—_ m, —.,�. � ��—.� , �:, tio � � I�1 � a N 0 N � E � m 0 0 a * —�— � � .-.^.�::°°F� �.:_�'� �/ ��'��STREETAA � .. ., v., ��o LEGEND � OWNER/DEVELOPED BY: CTMGT ALPHA RANCH, LLC 1800 VALLEY VIEW LANE, STE 300 FARMERS BRANCH, TX 75234 281-387-1633 , ��1 ,J PROPOSED STORM EXISTING STORM PROPOSED STORM DRAIN MH PROPOSED STORM DRAIN HEADWALL N� ALL DRAINAGE IMPROVEMENTS TO BE INSPECTED AND MAINTAINED BY THE ALPHA RANCH WATER CONTROL AND IMPROVEMENT DISTRICT OF DENTON AND WISE COUNTIES. IPRC 24-0075 CPN 105524 ALPHA RANCH We�twood �� ' ���� WCID—DRAINAGE IMPROVEMENTS EXHIBIT B1 FORT WORTH - TEXAS JANUARY2026 I+ '�► ,� I I I I .l � �I w m � .I \ 'i � I F � � � ! STREETAA � • ' ' ' _ � ' . _ . _. � � � � � . ,,, � � � � N 0 N M � E d 0 0 a LEGEND "= ALL STREET LIGHT AND SIGN �� PROPOSED STREET LIGHT 49 IMPROVEMENTS TO BE � � INSPECTED AND MAINTAINED � PROPOSED TRAFFIC SIGNS (28) BY THE ALPHA RANCH WATER CONTROLANDIMPROVEMENT DISTRICT OF DENTON AND WISE COUNTIES. OWNER/DEVELOPED BY: CTMGT ALPHA RANCH, LLC 1800 VALLEY VIEW LANE, STE 300 FARMERS BRANCH, TX 75234 281-387-1633 ALPHA RANCH W��Od WCID-STREET SIGNS & STREET LIGHTS EXHIBIT C1 FORT WORTH, TEXAS JANUARY 2026 /�� � Q � 0 s 0 � Q � U m m a � � a a IPRC 24-0075 0� CPN 105524 Z w •U m �� � ���� O o� G7 � a J z 0(F 42 43 PAP - Em PROPOSAL Pagc 1 oC6 SEC�'14N 00 A2 A3 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE B�D Bidlist ]Eern No. I � � 1 � � � 3 � � I S b 7 8 9 � 10 � I1 � �2 � 13 � 14 � 15 I 16 ( 17 � Projecl Ilem Informalian Bidder's Application Bidde�s Proposal Speeificatiun Unit of DesCnptlOn Bid Quantiiy Unit Price Bid Value Section No. Measure UNIT I: WATER IMPi20VEAILF��ITS 12" PVG WaterPipe 33 11 12 IS' 4,384 SI22.00 �534,848.00 12" 17iP Water 33 11 10 I.F I 168 �I32.00 �22,176.00 12" DII' Water, CSS Backfill 33 11 10 LF 80 SI52.00 ,�12,164.00 8" DI�' Water 33 11 10 LF 28 �72.00 �2,U16.00 8" PVC Water PiPe � 33 11 12 LF 5,469 562.00 5339,fl7$.00 12" GaEa Va[ve 33 1220 EA IO �S,SQ0.00 SSS,OD0.00 ... - --.... ConnecYion to Existing 3Q" Water Main 33 1225 EA � 1 56,500.00 $6,500.00 8" Gate Val�e 33 12 20 EA � 14 �2,8(�0.(}0 �53,2Qfl.00 2" Combination Air Valve Assembly foe Water 33 12 30 �A � 2 S12,SOO.i}0 �25,Oa0.00 8" Water Casier Pipe 33 OS 24 LF � 146 �72.00 � 10,512.00 12" Water Carrier Pipe 33 OS 24 LF � 304 �122.�0 537,088.fl0 24" Casing By Open Cut 33 OS 22 LP I 450 �320.UD �144,0�0.00 4"-12" Pressure P[u� 02 41 1� �A 8 51,000.00 58,OQ0.00 Fire Hydrant 33 12 4o EA 3 �7,750.OD �23,250.00 30" x 12" Tappin� Sleeve & Valve 33 12 25 EA I 1 524,540.00 �24,SUO.OD 8" Waterline Lowering 33 05 12 EA � 11 i5,500.OD $60,500.00 Trench Sa€ery 33 OS 16 LF � 10,579 �2.00 �21,I58.OD TOTAL UNIT 1: WATER IMPROVEMENTS $1,378,986.00 CITY OF FORT NORiH STAIJ�ARD CONSTRUCTION SP£CIFICATION DQCUMENTS - ni"VELqPER AWARp£A PROlECTS Fam= Vcasion Afay 22, 2019 Addendum 1 Extei Bid Fomi- fl0 42 43 �AP - BID PROPOSAL Page 2 of 6 UNIT PR10E BID secriot� oo aa as Dev�loper Awarded Projects - AROPOSAL FORM Projeet Item Information IIidlisE Itemj No. � Descripiion ISpeciEcation ( Unit of Section No. Measure UNIT 1fL• DRAINAGE 1MPROVEFlJENTS -- - 33 41 1p LF 33 41 10 L�' 33 41 10 LF 33 41 10 LF 33 41 10 LF 33 41 IO LF 33 41 10 LF 1 l Ox5 Box Culvert 2 l Ux6 Box Culvert � 3 $x5 Bax Culvert � 4 SxG Box Culvert � 5 Sx4 Box Culvert � 6 3x3 Sox Culvert � 7 2I" RCP, Class III � 8 24" RCP, Class IiI � 9 30" TtCP, Ciass III � 10 36" RCP. Class III 11 42" itCT'. Class III 12 4' Storm Junction Box 13 5' Storm ]unctian Box � 14 6' 3tortn Junction Box � 15 10' Curb Inlet �16 10' Recessed Inlet 17 4' Drop Inlet �18 5' Drop Inlet 14 Z4" SET, 1 pine 20 36" SET, 1 pine � 21 42" SET. 1 aine - � 2z 60" SET, 1 pipe � 23 �,ar�e Sfone Rinran, dry � 24 Medium Stone Ripran, dry � 25 Type PRI 1 Pedestrian Rail � 26 2I" S[orm Abandonment PIu� I 27 24" Sform Abandonment Plu� � Z8 60" Storm AhandonE►,ent Plu� � 29 Trencl� Safetv � 30 Concrete Winewalis , Tvpe PW-1 Bidder's App�icafiion Sidder's Praposai Bid Quantity Unit Price IIid Value 1,233 45p 420 _. _._ ._ . 420 302 883 570 �825.00 $1,�17,225.Op1 $875.00 5393,750.00� �585.06 5245,700.00 $620.00 5260,400.00 537D.06 5111,74D.00 S2GS.OQ 5233,995.06 $85.06 $48,450.00I �4S.OQ �334,875.00� �115.00 �14,720.OQf $145.OQ �53,795.OQ� �180.OU 595,9ao.oaJ 57,50D.00 a�142,500.00j �11,SOOAO $23,0OO.OU� �I3,SOD.00 �13,SOO.00j �4,OQ0.00 �96,000.00� 55,000.00 $50,000.06� �S,SU�.00 �11,OOOAO 56,Sfl0.00 $6,500A0� �3,500.OQ �28,000.00 $4,Sfl0A6 $4,SOD.OQ� �5,000.00 $S,OODAO �s,sao.oa �s,soo.00� si�s.oa ��zz,2�s.oa S150.00 �223,200.00 5180.00 $248,400A0 51,Ofl0.00 S9,DOO.Oa $1,200.00 51,204.00 $3,200.00 53,200.00 �2.00 $17,270.00 $i27,500.D0 �1,02Q000.00 $5,443,585.00 33 41 10 LF 3,525 33 41 10 I.F I28 334I ]0 LF 37I 334I1� LF 533 33 49 ] 0 EA 19 - 33491D EA 2 33 49 10 EA I 33 49 20 EA 24 33 49 2p EA 10 33 49 20 �A 2 33 49 20 EA 1 33 49 40 �A 8 33 49 40 EA 1 -- 33 49 40 EA 1 -- 33 49 40 EA 1 31 37 00 SY 4,127 31 37 00 SY 1,488 00 06 00 LF 1,38� 02 41 14 EA 9 02 41 14 EA 1 02 41 14 EA 1 33 OS 10 LF 8,635 00 00 00 EA 8 TQTAL UNIT III: bRA1NACsE IMPROVEMENTS CRY OF FORT W6RTH STANPAREJ C�N57RUCTIOIV SPECEFICATION DOCUMFN7'S - DEV£[.OP£R AWARDED PRO]ECTS Form Vcrsion hiay?2, 2019 Addcndum ]�cc1 Did Fomi - 00 42 43 DAP - EID PROPO5AL Page 3 of 6 SECTIQN OU 42 43 17eveloperAwarded Projects - PROPOSAL FORM UNIT PRICE BID Project Etem Information Bidlis3 Item No. 1 2 3 4 5 6 7 8 9 io 11 12 13 Bidde�'s Proposal Specification Unit of DeSCription Sectinn No. Measure Bid Q�antiry U�it P,ice I Bid Value UiJ1T IV: PAVING IMPROVEMENT5 7.5" Conc Pvmt 32 13 13 5Y 33,525 10" Conc Pvrnt 32 13 13 SY 11,067 8" Lime Treatment 32 ll 24 SY 47,526 Hvdrated Lime 32 11 29 TN 998 S" Conc Sidewalk 32 13 20 5F 170,339 Ins#all Dead End Barricade 00 00 00 � EA 5 Barrier Pree Ramp, Tvpe R-1 32 13 20 � EA 10 Barrier Free Rarnp, Tvqe P-1 32 13 20 � EA 2 Slripin� 00 00 OD LS 1 Street Si2ns (Name Bladesl 00 Dfl OD EA 22 Unc[assified Excavation dnsite o0 oa oo CY 37,584 Unclassi�ed Excavation Directtv Adiac�m, Not Imnort 00 00 00 CY 60.796 Clearin� and Gruhbin� 00 O(100 AC 21.SR6 T07AL UNIT fV: PAVING IMPROVEMENTS CITY OF PORT WORTEI S7ANDARD CONSTRUCT]ON SP�CIFICATEON UOCLIMENTS - DEVELOPER AWARDEb PRO]ECTS Form V ersion May 22, 2�19 Bidder's Application $78.00 $108.00 �s.ao $zss.oa $6.75 $800.OU $2,400.60 $2,aoo.ao �roo,000.ao $950.00 �4.25 $4.75 $2,SQ0.00 52,614,950.00 $1,195,236.00 5237,630.00 5284,430.Ofl $1,149,788.25 $4,000.00 $24,0OO.OD $4,400.OD siao,000.00 $20,900.DD $159,732.OD $28$,781.00 $53,965.OD $6,137,812.25 Addendum I Escel 8id Porm - Of142 43 PAP • BID PR4POSAL Pagc 4 of 6 SECTtON 00 k2 A3 Developer Awarded Projecfs - PROPOSAL FORM UNlT PR10E BID Bidder's Application � Prajeef Ilecn Infurma€ion [Bidlist Itemj DeScriptlon � Specik4cation ] Unit of � Bid Quantity � Ho. � Section No. � Measure I UNIT V: 5TREET E.iGHT[NG IklPF�QVEMENTrS � 1 �" CONDT FVC SCH SO {T) 26 OS 33 LP 13,225 � I�iO 2 Insulated Elec Condr 34 41 10 L�' 38,805 3 Rdwy Illum Foundation TY 3,5.G, and 8 34 41 20 EA 73 4 Furnish/Insiafl LED Lighting Fixture (733 watt ATB2 34 41 20 Cobra Headl �p` 73 _-- ---- -- 5 Furnish/insfa[1 Rdwav i13um TY 18 Pole 3441 20 �A 73 6 Furnish/install Tvpe 33A Arm 3441 20 EA 73 � Furnish/install 120-240 'Vc�it Singl Phase Ivletered 34 4120 Pedesta[ -- �A 2 8 Ground Box. 5ma11, w/ Lid Apro€� 34 4I iD �A 22 I iOTAL UN1T V: STREET LIG1iTING iMPROVEMENiS C[TY OF FOR? 1VOR7'H STANUAitl7 C01�STRUCTfON SPECiF[CAtION DQCUMENTS - DEVELpPER AWARDEA PR4ILC'IS Forsn Vcrsian hf ay 22, ?019 Bidde�s f'roposa! llnit Price I Sid Value � �2Q.D0� a�264,500.00[ �4.00 5155,220.00} $2,OOU.00I Si46,pp0.00� 51,200.00I $$7,640.00� 54,OOD.00� 5292,�00.00� 5I,000.00� $73,QUp.00� �ll,500.001 $23,a0D.00 �2,000.001 $44,OOD.00I $1,085,320.00 Addendum t Lxce3IIid Form - 00 R2 43 bAP - BID PROPOSAL Pagc 5 af5 secriar� oa a2 as DeveloperAwarded Projects - PROPOSAL FORM UNIT PRICE BID �idlisE Item� No. Description Silt Fence Wash Pit Rock Check Inlet Profection Cons#ruction Entrance CurEex Project Item InTocmation Bidder's Application ISpecificatian I Unit of I Bid Quantity Section No. Measure UN1T Vi: EROSIOAf CONTROL 1MPFZOVEMEN i S OD UO 00 LP 23,225 00 00 00 �A 1 00 00 UO �A 28 00 00 00 EA 37 a0 00 00 EA 1 �D 00 00 SP 455,2f 8 iOTAL UI+fIT VI: ER0590N CONTROL IMPiiOVEMENTS Bidder's Proposal Unit Pricc I Bid Value 53.00 $69,G75.00 53,500.00 $3,500.00 51,200.00 $33,600.00 a�360.00 $I1,IOp.00 �6,aao.ao �6,OUO.OD S0.50 �227,609.00 $35't,484.E1� CITX OF FOR7 WORTH STANDARD CONSTR[1CT3p�i $PECIFfCAi[ON DOCEIMENCS • OEVELOPLR ALVARDEA pROIECTS Fofm Vasian hiay 22, 2019 Addendum I Excel Bid Fomi - DO 42 43 DAP-Bm PROPOSAL Page 6 of 6 UNIT PRiCE BID Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PRdPOSAL FpRM Projecl Item Information Bid Summary UNIT l: WATER IMPROVEMENTS UNIT lII: DRAI�fAGE IMPROVEMENTS E1NIT �V: PAVING IMPROVEMENTS E7NlT V: STREE7 LIGH7ING IMPROVEMENTS UNIT VI: IMPROVEMENTS ��a�� Payment, PerFormance and Mainfenance Bonds Tvtaf Construction Bid Bidder's Application IBidder's Proposa] De5Ct7ption I Specification Llnit of g�d Quantityl i3nit Price I Bid VaEue Section No. Measure $1,378,986.00 $5,443,585.00 $6.'{ 37,812.25 $1,085,320.Q0 _.. $351,484,00 �14.397,787.25 This Bid is submitted hy the entity naroed below: BIDDER: BY: Bruck Hu��ii�s CO�ATSER CQNSTRUCTION TX, L.P. a 5327 Wichita St 1'OrE 1'4'oCth, TX 76119 TITLE: President DATE: 8/6/2024 Contractor agrees to camplete WORK for �'INAL ACCEPTANCE within �� � workin� days after the date when thc CONTRACT commences to run as provided in the Gencral Conditions. END qF 5ECTION % C[Ty OF FOIt7 WOR'CH STAT�I7ARD CQN5TRUCTION SPFCIFICATIO�I DOCLIMENTS - �EV Fi.OPEB AWARDHD PROJECPS Fom� Version May??, 2019 Addendum 1 Excel 6id Porrn - SPRINGING PARTIAL ASSIGNMENT THIS SPRINGING PARTIAL ASSIGNMENT (this "Assignment"), is made and entered into by and between CTMGT Alpha Ranch, LLC ("Developer") and the City of Fort Worth, a Texas home-rule municipal corporation ("Fort Worth") to witness the following: WHEREAS, Developer and Fort Worth have entered into a Community Facilities Agreement for Alpha Ranch Roadways Master Infrastructure, CFA Number 25-0184, City Proj ect Number 105524, IPRC Number 24-0075 (the "CFA"); and WHEREAS, the CFA provides that Developer shall submit to Fort Worth performance bonds, cash deposits or other financial security acceptable to Fort Worth (collectively, the "Financial Security") for the purpose of guaranteeing satisfactory compliance by Developer with all requirements, terms, and conditions of the CFA (the "CFA Obligations"); and WHEREAS, Public Finance Authority, a unit of government and body corporate and politic duly organized and existing under the laws of the State of Wisconsin (the "Authority"), TIP Management Company, LLC, a Texas limited liability company ("TIPCo"), Computershare Trust Company, National Association, a national banking association duly organized and eXisting under the laws of the United States of America, acting in its capacity as trustee (the "Trustee"), and Developer are parties to that certain Program Agreement dated as of December 1, 2024 (the "Program Agreement") relating to the issuance of the Public Finance Authority Texas Infrastructure Program Tax-Exempt Revenue Anticipation Capital Appreciation Bonds (Alpha Ranch Project), Series 2024 (the `Bonds"); and WHEREAS, in lieu of delivering performance bonds, cash deposits or other financial security, Developer desires to grant, and Fort Worth is willing to accept, this Assignment, which constitutes a springing partial assignment of Developer's rights under the Program Agreement. Provided, this Assignment is strictly limited to the rights to receive proceeds of, or draw upon, the Project Fund, as referenced in the Program Agreement, that is designated for, allocable to, or otherwise intended to finance or reimburse costs of the Improvements pursuant to the CFA and shall not in any way include any other costs (collectively, the "Assigned Rights"); and WHEREAS, the parties intend that this Assignment constitute the Financial Security required by the CFA, and this Assignment shall completely satisfy the Developer's obligation to submit the Financial Security to secure the performance of the CFA Obligations. NOW THEREFORE, for and in consideration of these recitals, ten dollars ($10.00) and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: City of Fort Worth, Texas Springing Partial Assignment Page 1 of 10 SECTION 1. DEFINED TERMS. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Program Agreement or the CFA, as applicable. As used herein: (a) "Assigned Rights" has the meaning set forth in the Recitals. (b) "Developer Failure" means Developer's failure to timely construct or cause the construction of the Improvements pursuant to the CFA, or Developer's failure to pay all contractors and material suppliers for construction of the Improvements being constructed pursuant to the CFA, after expiration of all notice and cure periods (if any) provided therein. Provided, failure by Developer to pay all contractors or material suppliers for the construction of the Improvements shall not constitute Developer Failure by Developer if (i) Developer is withholding payment in accordance with applicable Texas law, or (ii) there eXists a bona fide dispute regarding such payment, provided that Developer is diligently and in good faith pursuing resolution of such dispute in a reasonable manner. (c) "Springing Date" means the date on which all of the conditions precedent set forth in Section 4 have been satisfied. SECTION 2. GRANT OF SPRINGING PARTIAL ASSIGNMENT Subject to Section 3 and conditioned upon the occurrence of a Developer Failure, Developer hereby assigns, transfers, conveys, and sets over to Fort Worth, and Fort Worth hereby accepts, all of Developer's right, title, and interest in, to, and under the Assigned Rights, together with all proceeds and products thereof, but excluding all other rights, privileges, and obligations of Developer under the Program Agreement. Prior to the Springing Date, this Assignment shall constitute a present, absolute, but dormant conveyance of the Assigned Rights that shall not be operative or enforceable by Fort Worth unless and until the Developer Failure has occurred and the conditions precedent in Section 4 have been satisfied, including but not limited to the expiration of all notice and cure periods. For the avoidance of doubt, the Assigned Rights granted to Fort Worth under this Assignment are, and shall at all times be, strictly limited to costs that would have been incurred by Developer in connection with the Improvements described in and governed by the CFA, but were not paid due to a Developer Failure. No provision of this Assignment, the CFA, the Program Agreement, or any other agreement or instrument shall be interpreted to grant Fort Worth any right, power, or privilege to requisition, draw, or otherwise obtain funds, credits, or disbursements under the Program Agreement with respect to any infrastructure, facilities, or improvements except for the Improvements expressly identified in the CFA pursuant to Section 4 of this Assignment. Any interpretation inconsistent with the foregoing limitations is expressly disclaimed by the parties. Any provision of this Assignment that could be construed to expand Fort Worth's rights beyond those expressly limited herein shall be limited to conform to the restrictions set forth in this paragraph. City of Fort Worth, Texas Springing Partial Assignment Page 2 of 10 SECTION 3. RETENTION OF RIGHTS; NO ASSUMPTION OF LIABILITIES. Until the Springing Date, Developer shall retain all rights under the Program Agreement, including under the Assigned Rights, and shall remain solely liable for all covenants, liabilities, and obligations imposed upon Developer by the Program Agreement and the CFA. Nothing in this Assignment shall be construed as an assumption by Fort Worth of any liability or obligation of Developer under the Program Agreement or the CFA except to the limited extent expressly set forth in Section 5(b) below. SECTION 4. CONDITIONS PRECEDENT TO ENFORCEMENT. Fort Worth may invoke and enforce the Assigned Rights only upon satisfaction of each of the following conditions precedent: (a) A Developer Failure shall have occurred; and (b) Fort Worth shall have delivered to the Authority, Trustee, TIPCo and Developer written notice of Developer Failure, and such Developer Failure is not cured within seven (7) days after such notice. Upon satisfaction of the foregoing conditions, the assignment granted herein shall be automatically and irrevocably activated without further action of any party, and the date on which all such conditions are first satisfied shall constitute the Springing Date. Provided, however, the City shall, within thirty (30) days after receiving the written consents to this Assignment as required by the Program Agreement (which consents may be contained in the acknowledgment attached hereto), execute and deliver to Developer a counterpart of this Assignment. If the City fails to execute and deliver such counterpart within such thirty (30) day period, this Assignment shall be null and void and of no further force or effect. It is expressly agreed that Fort Worth is under no obligation to invoke and enforce the Assigned Rights and may instead elect to enforce its rights under the CFA should a Developer Failure occur. SECTION 5. RIGHTS AND DUTIES UPON SPRINGING DATE. (a) Substitution. As of the Springing Date, Fort Worth shall be and be deemed substituted for Developer under the Program Agreement solely with respect to the Assigned Rights and solely for the purpose of drawing, receiving, or directing disbursement of funds to complete or cause the completion of the Improvements or payment of contractors and material suppliers in conformity with the CFA. (b) No Broader Assumption. Fort Worth shall not by virtue of this Assignment, or the exercise of the Assigned Rights, assume or be obligated to perform any covenant or obligation of Developer under the Program Agreement other than the obligation, if any, to apply the proceeds of the Assigned Rights toward payment of the costs of the Improvements. Developer shall remain liable for all other obligations under the Program Agreement. City of Fort Worth, Texas Springing Partial Assignment Page 3 of 10 (c) Requisition Forms. Concurrently with the execution of this Assignment, Developer shall provide Fort Worth ten (10) executed requisition forms pursuant to the Program Agreement, which Fort Worth can utilize pursuant to this Assignment upon the Springing Date. Until the occurrence of the Springing Date, such requisition forms shall be held in escrow and shall be null and void. Upon termination of this Assignment, Fort Worth shall return any such unused requisition forms to Developer. (d) Partial Payment. If the Springing Date occurs prior to the completion of the Improvements under the CFA, then, upon Fort Worth's receipt from the Project Fund of a sum equal to the costs necessary for a Developer Failure to be cured, the Assigned Rights shall automatically revert to their pre-Springing Date status, constituting a dormant conveyance that is neither operative nor enforceable by Fort Worth. (e) Termination of Rights. After the Springing Date, the Assigned Rights shall automatically revert to Developer upon Fort Worth's written acknowledgement to the Authority, the Trustee and TIPCo that the Improvements have been completed in accordance with the CFA and that no unreimbursed costs remain outstanding. SECTION 6. REPRESENTATIONS AND WARRANTIES OF DEVELOPER Developer represents and warrants to Fort Worth as of the Effective Date and again as of the Springing Date: (a) it is duly organized, validly existing, and in good standing under the laws of the State of Texas; (b) this Assignment has been duly authorized, executed, and delivered and constitutes the legal, valid, and binding obligation of Developer, enforceable in accordance with its terms, subject only to applicable bankruptcy, insolvency, or similar laws affecting creditors' rights generally and general principles of equity; (c) Developer holds the Assigned Rights free and clear of any prior pledge, lien, assignment, or encumbrance other than those created pursuant to the Program Agreement, and Developer has not previously transferred or agreed to transfer the Assigned Rights (other than this Assignment); (d) execution, delivery, and performance of this Assignment do not and will not conflict with or result in a breach of any organizational document of Developer, the Program Agreement, the CFA, or any other contract or agreement binding upon Developer; and (e) all consents required for the validity and enforceability of this Assignment, including the consents of the Authority, the Trustee and TIPCo, have been obtained. SECTION 7. REPRESENTATIONS AND WARRANTIES OF FORT WORTH. Fort Worth represents and warrants to Developer as of the Effective Date and again as of the Springing Date that Fort Worth is a duly incorporated home-rule municipality under the Constitution and laws of the State of Texas, possessing full power and authority to enter into and perform this Assignment and that this Assignment has been duly authorized, executed, and delivered by Fort Worth. City of Fort Worth, Texas Springing Partial Assignment Page 4 of 10 SECTION 8. COVENANTS. Developer covenants and agrees that it will not further assign, pledge, hypothecate, or otherwise encumber the Assigned Rights without the prior written consent of Fort Worth; and upon request by Fort Worth, execute and deliver such further instruments or documents and take such further actions as may reasonably be required to effectuate the purposes of this Assignment. SECTION 9 NOTICES. All notices, approvals, or other communications required or permitted under this Assignment shall be in writing and delivered in the manner, and deemed received at the times, provided in Section 16 of the CFA; provided, however, that copies of all notices delivered by either party under this Assignment shall concurrently be delivered to the Authority, the Trustee and TIPCo at the following addresses: Authority: Public Finance Authority 22 East Mifflin Street, Suite 900, Madison, Wisconsin 53703 Attn: Scott Carper and Michael LaPierre TIPCo: TIP Management Company, LLC, c/o The Muller Law Group, PLLC, 202 Century Square Blvd. Sugar Land, Texas 77478 Trustee: Computershare Trust Company, National Association 1505 Energy Park Drive St. Paul, Minnesota55108 SECTION 10. NON-ASSIGNABILITY OF FORT WORTH'S RIGHTS. The rights, powers, and interests held by Fort Worth hereunder in and to the Assigned Rights may not be transferred or assigned by Fort Worth in whole or in part. Any attempted transfer or assignment shall be absolutely void and shall entitle Developer to a release of the Assigned Rights. SECTION 11. NO WAIVER. No waiver by Fort Worth of any Default shall be deemed to be a waiver of any other subsequent Default. No delay or omission by Fort Worth in exercising any right or power hereunder shall impair any such right or power or be construed as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude other or further exercise thereof. City of Fort Worth, Texas Springing Partial Assignment Page 5 of 10 SECTION 12. BINDING EFFECT. This Assignment shall be binding on the parties, their successors and assigns. No provision of this Assignment may be amended, waived, or modified eXcept pursuant to a written instrument executed by Fort Worth and Developer and acknowledged in writing by the Authority, the Trustee, TIPCo, and the Trustee. SECTION 13. CHOICE OF LAW; VENUE This Assignment is to be construed and interpreted in accordance with the laws of the State of Texas. 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. SECTION 14. COUNTERPARTS. This Assignment may be executed in any number of multiple counterparts and by different parties on separate counterparts, all of which when taken together shall constitute one and the same agreement. SECTION 15. INDEMNITY. DEVELOPER HEREBY AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY FORT WORTH (AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES) FROM AND AGAINST ALL CLAIMS, DAMAGES, EXPENSES, COSTS, SUITS AND OTHER LIABILITY OF ANY KIND WHATSOEVER THAT ARISE OUT OF OR ARE DIRECTLY OR INDIRECTLY RELATED TO ANY ACTIONS OR INACTION BY FORT WORTH WITH RESPECT TO THIS ASSIGNMENT. [REMAINDER OF THIS PAGE 1NTENTIONALLY BLANK] City of Fort Worth, Texas Springing Partial Assignment Page 6 of 10 ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be eXecuted in each entity's respective name by its duly authorized signatories effective as of the date executed by the City Manager or his/her designee. CITY OF FORT WORTH �_� � Jesica McEachern Assistant City Manager Date: 03/01 /2026 Approved at to Form & Legality: DEVELOPER CTMGT Alpha Ranch, LLC, A TeXas limited liability company By: Centamtar Terres, L.L.C., Its Manager By: CTMGT, LLC, Its Manager Mel��olaol Moa yeolr Mchrdad Moayotl�i (Fab �9. 20L6 �,Yi 43�.49 CSI) Name: Mehrdad Moayedi Title: Manager �i�:� u��� Jessika Williams Assistant City Attorney Date: 02/25/2026 ATTEST: � h �� � Jannette Goodall City Secretary 02/19/2026 Date: Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ���� Kandice Merrick Contract Compliance Manager City of Fort Worth, Texas Springing Partial Assignment Page 7 of 10 ACKNOWLEDGMENT AND CONSENT OF PUBLIC FINANCE AUTHORITY The undersigned, as the authorized representative of the Authority under the Program Agreement, hereby (i) acknowledges receipt of the foregoing Springing Partial Assignment of Rights, (ii) consents to the assignment of the Assigned Rights as contemplated therein, subject to and in accordance with the terms of the Program Agreement, and (iii) agrees to recognize Fort Worth as partial assignee of Developer under the Program Agreement with respect to the Assigned Rights upon the Springing Date. PUBLIC FI NCE AUT R � By: �_._.� � ��� Name: Amitv A. Dias � Title: Assistant Secretary ACKNOWLEDGMENT AND CONSENT OF TIP MANAGEMENT COMPANY, LLC The undersigned, as the authorized representative of TIPCo under the Program Agreement, hereby (i) acknowledges receipt of the foregoing Springing Partial Assignment of Rights, (ii) consents to the assignment of the Assigned Rights as contemplated therein, subject to and in accordance with the terms of the Program Agreement, and (iii) agrees to recognize Fort Worth as partial assignee of Developer under the Program Agreement with respect to the Assigned Rights upon the Springing Date. TIP MANAGEMENT COMPANY, LLC 7�c/�/�60�� By: Name: Michael Libera Title: Managing Member 4123-7931-3758.7 ACICNOWLEDGMENT AND CONSENT OF COMPUT�RSHARE TRUST COMPANY, NATI�NAL ASSOCIATION The undersigned, as the autl�orized t•ep�•esentative of tlfe Trustee under tiie Progratn Agz•een�ent, l�ereby (i) ackt�o«ledges receipi of tlie fo��egaing Springitig Partial Assignn�ent of Riglits, (ii) conseuks to tlie assignment of the Assigned Rights as cotite�i�plated therein, st�bject to and in acco�•danec with t�ae ter�ns of the Prograin Agree�nent, and (iii) agrees to recogt�ize Fort Worth as partial assignee of Developer under the �'z�og�•am Agreemei�t vvitli respect to tlle Assigned Rights upon tfle Spi•inging Date. COMPUTERSI�A_i2C TRUST COMPANY, NATIONAL ASSOCIATION By: � ��n,t_�1 =, N�����: l Title: �my fhor�psoli v��,C r-�resider�t Signature: C.�U<Yh.�t.� C�►,�►.v�e2 Gnslian Ghave� (Mar 2 2026 09�.29�.49 GST) Email: cristian.chavez@fortworthtexas.gov Signature: � .� Sm� Email: allison.tidwell@fortworthtexas.gov 4123-7931-3758.7 FORT ��RTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CTMGT Alpha Ranch, LLC Subject of the Agreement: cFA M&C Approved by the Council? * Yes ❑ No 8 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 "PermanenY'? *Yes 8 No ❑ If �unsure, see back page for pernianent 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. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. 105524 *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 processin� in the followin� order: 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.