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HomeMy WebLinkAbout064932 - Construction-Related - Contract - RAK Real Estate Equities Marine Creek LLCReceived Date: 03/26/2026 Received Time: 10:41 a.m. Developer and Project Information Cover Sheet: Developer Company Name: RAK Real Estate Equities Marine Creek LLC Address, State, Zip Code: 6112 Martel Ave. Dallas, Texas 75214 Phone & Email: 214-462-5619 1 zach@rakequities.com Authorized Signatory, Title: Zachary J. Rakusin, Manager Project Name: Brief Description: Project Location: Plat Case Number: FS-25-224 Council District: 2 CFA Number: 26-0036 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 RAK Marine Creek Water, Sewer, Paving, Drainage & Street Lights 5204 Marine Creek Pkwy Plat Name: Marine Creek Addition - Rak Marine Creek Phased or Concurrent Concurrent Provisions: City Project Number: 106465 1 IPRC25-0169 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 19 City Contract Number: 64932 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 RAK Real Estate Equities Marine Creek LLC ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as RAK Marine Creek ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: OFFICIAL RECORD I CITY SECRETARY CFA Ordinance FT. WORTH, TX 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. City of Fort Worth, Texas Page 2 of 19 Standard Community Facilities Agreement Rev. 9/21 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: Sewer Z Exhibit C: Paving ® Exhibit D: Storm Drain Z Exhibit E: Street Lights & Signs ❑ Exhibit F: Traffic Signal & Striping The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, B, C, D, E, F, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall City of Fort Worth, Texas Page 3 of 19 Standard Community Facilities Agreement Rev. 9/21 not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements on or before December 12, 2027 ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. City of Fort Worth, Texas Page 4 of 19 Standard Community Facilities Agreement Rev. 9/21 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (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 City of Fort Worth, Texas Page 5 of 19 Standard Community Facilities Agreement Rev. 9/21 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 ANY CHARACTER, 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 CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERL Y SAFEGUARD THE WORK, OR ONACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, 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. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. City of Fort Worth, Texas Page 6 of 19 Standard Community Facilities Agreement Rev. 9/21 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third -party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtainproof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: City of Fort Worth, Texas Page 7 of 19 Standard Community Facilities Agreement Rev. 9/21 CITY: Development Services Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: RAK Real Estate Equities Marine Creek LLC 6112 Martel Ave. Dallas, Texas 75214 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 City of Fort Worth, Texas Page 8 of 19 Standard Community Facilities Agreement Rev. 9/21 It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any 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 City of Fort Worth, Texas Page 9 of 19 Standard Community Facilities Agreement Rev. 9/21 In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, and redesignated from Chapter 2274 of the Texas Government Code by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(22), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2276 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2 and redesignated from Chapter 2274 of the Texas Government Code as described above. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering City of Fort Worth, Texas Page 10 of 19 Standard Community Facilities Agreement Rev. 9/21 into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all 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. City of Fort Worth, Texas Page 11 of 19 Standard Community Facilities Agreement Rev. 9/21 Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 19 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: RAK Marine Creek CFA No.: 26-0036 City Project No.: 106465 IPRC No.: 25-0169 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total 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 Ontions_ choose one Developer's Cost $ 127,963.65 $ 42,030.00 $ 169,993.65 $ 109,906.75 $ 483,011.00 $ 27,967.00 $ 620,884.75 $ 790,878.40 $50,625.00 $3,031.60 $337.50 $ 53,994.10 Choice Amount !Mark one) Bond = 100% $ 790,878.40 Completion Agreement = 100% / Holds Plat $ 790,878.40 Cash Escrow Water/Sanitary Sewer= 125% $ 212,492.06 Cash Escrow Paving/Storm Drain = 125% $ 776,105.94 Letter of Credit = 125% $ 988,598.00 X Escrow Pledge Agreement = 125% $ 988,598.00 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 13 of 19 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 op� Jesica McEachern Assistant City Manager Date: 03/25/2026 Recommended by: ffRa"E'a Dwayne Hollars Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: O U%��earoad Jessika Williams Assistant City Attorney M&C No. N/A Date: 03/24/2026 Form 1295: N/A ATTEST: �, _&-,, Jannette S. Goodall City Secretary 4.�'d44pQn� �',s °°FORr�yod°o v°I.g o9-�0 Ovo o=d oaa d ny bLna rER-r0i—p W DEVELOPER RAK Real Estate Equities Marine Creek LLC Zachary Rakusin (Mar 24, 2026 14:13:44 CDT) Zachary J. Rakusin Manager Date: 03/24/2026 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 19 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 — Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑X Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit B: Sewer Improvements ❑X Exhibit C: Paving Improvements ❑X Exhibit D: Storm Drain Improvements ❑X Exhibit E: Street Lights and Signs Improvements ❑ Exhibit F: Traffic Signal and Striping Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "1" Changes to Standard Community Facilities Agreement City Project No. 106465 None City of Fort Worth, Texas Page 16 of 19 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT 663" Concurrent CFA Provision City Project No. 106465 The improvements being constructed by Developer pursuant to this Agreement will connect to improvements being constructed by CH DOF I-ECC I Fort Worth Marine Creek, L.P. under a separate Community Facilities Agreement, City Secretary Contract No. 62277 (Hereinafter the "Separate CFA"). Developer has requested and the City has agreed to allow Developer to begin the construction of the improvements contained in this Agreement before the improvements being constructed under City Secretary Contract No. 62277 are completed and accepted by the City. Therefore, this Agreement shall be considered a "Concurrent CFA" and the provision contained in this Attachment shall apply to this Agreement. The improvements being constructed under the Separate CFA shall be defined as the "Primary Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Secondary Project." Developer acknowledges and agrees that due to Developer's election to construct a Concurrent CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Primary Project and the Secondary Project to properly connect to each other; changes to the design or construction of the improvements in the Primary Project that impact the design and construction of the improvements in the Secondary Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer or the developer of the Primary Project; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer or the developer of the Primary Project having to remove and reconstruct the improvements at the expense of Developer, developer of the Primary Project, or both. In addition, Developer understands and agrees that disputes may arise between the contractors or subcontractors for the Primary Project and the contractors or subcontractors for the Secondary Project relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors, disputes between contractors and subcontractors and disputes between Developer and the developer of the Primary Project. Developer acknowledges and certifies that Developer has entered into a written agreement with the developer of the Primary Project and said agreement: (1) provides Developer with any access needed through property owned by the developer of the Primary Project; (2) that Developer and the developer of the Primary Project shall resolve all disputes regarding the design and City of Fort Worth, Texas Page 17 of 19 Standard Community Facilities Agreement Rev. 9/21 construction of the Primary Project and the Secondary Project; and (3) the developer of the Primary Project will notify Developer of any all changes to the design or construction of the improvements in the Primary Project, including any field changes. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Concurrent CFA, the provisions of this Attachment, the risks associated with a Concurrent CFA, and that the City shall not bear any responsibility for construction of the improvements or Developer's decision to proceed with a Concurrent CFA. Developer shall not make the final connection of the improvements in the Secondary Project to the improvements in the Primary Project until the improvements in the Primary Project have been constructed and accepted by the City and the City has consented to Developer making the connection. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more single family residential homes or structures, the City will not record the plat related to the Project until the improvements are constructed and accepted by the City. Developer agrees that if this Agreement is for improvements relating to the construction, renovation or modification of one or more commercial buildings or structures, the Developer shall not receive a Certificate of Occupancy from the City for the building(s) related to the Project until the improvements in this Agreement are constructed and accepted by the City. Developer further understands and agrees that completion of the improvements under this Agreement does not entitle Developer to obtain a final plat of the property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A CONCURRENT CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES, INCL UDINGBUTNOTLIMITED TO, ANYAND ALL ECONOMICDAMAGES, PROPERTYLOSS, PROPERTYDAMAGESAND PERSONAL INJURY (INCLUDING DEATH), OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBYEXPRESSLYRELEASESAND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A CONCURRENT CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TOANDDOESHEREBYINDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTSFOR, FROMAND AGAINSTANYAND ALL CLAIMS City of Fort Worth, Texas Page 18 of 19 Standard Community Facilities Agreement Rev. 9/21 (WHETHER AT LA W OR INEQUITI), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCL UDING DEA TH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTS AND EXPENSES (INCL UDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELEATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR INPART BY THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A CONCURRENT CFA, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OFFOR T WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. By signing below, Developer certifies that all statements contained in this Attachment "3" Concurrent CFA Provision are true and correct. DEVELOPER: RAK Real Estate Equities Marine Creek LLC �f Zachary Rakusin (Mar 24, 2026 14:13:44 CDT) Zachary J. Rakusin Manager Date: 03/24/2026 City of Fort Worth, Texas Page 19 of 19 Standard Community Facilities Agreement Rev. 9/21 THE CITY OF FORT WORTH, TEXAS CFA VICINITY EXHIBIT ON -SITE PUBLIC CIVIL PAVING, DRAINAGE, UTILITY AND GRADING IMPROVEMENTS TO SERVE RAK MARINE CREEK 5204 MARINE CREEK PARKWAY LOCATION MAP MAPSCO # TAR-047L COUNCIL DISTRICT #2 CPN 106465 DEVELOPER: RAK REAL ESTATE EQUITIES MARINE CREEK LLC NORTH 6112 MARTEL AVENUE DALLAS, TX 75214 CONTACT: ZACHARY RAKUSIN PHONE: 214-462-5619 N.T.S RAK MARTN E CREEK: , TEXAS K i m I Aelyr* Horn 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TX 76102 817-335-6511 STATE OF TEXAS REGISTRATION NO. F-928 SHEET 1 OF DATE: JANUARY,2026 LEGEND PROPERTY LINE W PROPOSED WATER LINE EXISTING WATER LINE PROPOSED — 1 - 12" STUB PROP. FIRE HYDRANT l PROPOSED / 8" FIRE LINE i PROP. 2" DOMESTIC SERVICE NORTHWEST CAMPUS PROP. FIRE HYDRANT (VOL. 388-95, PG. 11) / �.. ✓ / /� .Q — PROP. 1.5" IRRIGATION SERVICE PROP. 2" DOMESTIC SERVICE / PROPOSED 8" FIRE LINE 15' PUBLIC WATER EASEMENT a (INST. NO. D225039396) / BaaNE T ATNEASE -X OeST_No GAS 1 - STORY BUILDING USE: WAREHOUSE 1ST FLOOR - 76,000 S mum ' \.. 10'X10' PUBLIC OPEN SPACE EASEMENT PROP. 12" PUBLIC WATER LINE Ml 1 -STORY BUILDING / 1—VARIABLE WIDTH--: WAREHOUSE 10'X10' PUBLIC OPEN SPACE EASEMENT PROP. 12" PUBLIC WATER LINE CONNECT TO EXISTING 12" WATER LINE (X-28106) EX. 12" WATER LINE (CPN #9183) U I I LLI I NORTH DEVELOPER: RAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC MATUN E 6112 MARTEL AVENUE R� GRAPHIC SCALE IN FEET DALLAS, TX 75214 l�� EEEEIICC 0 50 100 20000NTACT: ZACHARY RAKUSIN PHONE: 214-462-5619 TEXAS �` EXHIBITA WATER IMPROVEMENTS CPN 106465 Kim I ey// Horn 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TX 76102 817-335-6511 STATE OF TEXAS REGISTRATION NO. F-928 SHEET 1 OF DATE: JANUARY,2026 Igo I I j I m O O I I I I N I m m I �I N p p LEGEND m m m o � 0 I m m co IN ELE�TRIC TOWER o o I I I ml m p am p I I o co co�I�� � I I I rt oho I I N m m l O I o aw l m < I I I I \ IU) I I I PROP. 3 SANITARY\ I I o I b SEWER EASEMENT I EXISTING 101. o o (BY SEPARATE I \ PVC SANITARY ml m o INSTRUMENT) I SEWER LINE PROPOSED 8" PROP. SEWER j I PUBLIC SEWER LINE MANHOLE 8 ss I 8.. s 8.. ss I., ss I CONNECT TO EXISTING 10" PROP. SEWER MANHOLE 4 I I— L — _ SEWER LINE END PUBLIC SEWER LINE "° EXISTING PUBLIC SEWER LINE PROPOSED PUBLIC SEWER LINE PROPOSED MANHOLE PROP. 25' DRAINAGE EASEMENT o o xKlm= m C O �—o-- I---------- PROP. TEMPORARY IRSC GRADING EASEMENT I I co I I II OLO I I l o mi m l o I a i I N EXHIBIT B SEWERIMPROVEMENTS I I CPN 106465 NORTH DEVELOPER: Ki m I ey H o r n RAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC MATTN E 801 CHERRY STREET, UNIT 11 6112 MARTEL AVENUE R SUITE 1300 GRAPHIC SCALE IN FEET DALLAS, TX 75214 l FORT WORTH, TX 76102 817-335-6511 0 20 40 $Q CONTACT: ZACHARY RAK USIN T�, STATE OF TEXAS REGISTRATION NO. F-928 PHONE: 214-462-5619 SHEET 1 OF 1 DATE: JANUARY,2026 9 MATCH LINE SHEET 2 LEGEND PROPOSED 4" CONCRETE SIDEWALK PROPOSED 5" CONCRETE PAVEMENT PROPOSED 6" CONCRETE PAVEMENT NORTHWEST CAMPUS (VOL. 388-95, PG. 11) PROPOSED 8"CONCRETE DECELERATION LANE / z O V 410 / PROPOSED 8" CONCRETE DRIVEWAY / PROPOSED SOD —\ 10'X10' PUBLIC OPEN SPACE EASEMENT PROPOSED 8"CONCRETE DRIVEWAY / �15' PUBLIC WATER / EASEMENT / (BY PLAT) / PROPOSED SOD / I / I PROPOSED sis° IRFC 4" CONCRETE "CARTER BURGESS SIDEWALK I VARIABLE WIDTH DRAINAGE EASEMENT :1O'X10'PUBLIC OPEN SACE EASEMENT PROPOSED 4" CONCRETE SIDEWALK NORTH DEVELOPER: RAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC MATUN E 6112 MARTEL AVENUE R� GRAPHIC SCALE IN FEET DALLAS, TX 75214 l�� EEEEIICC 0 25 50 10000NTACT: ZACHARY RAKUSIN PHONE: 214-462-5619 TEXAS EXHIBIT C PAVING IMPROVEMENTS CPN 106465 Kimley)))Horn 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TX 76102 817-335-6511 STATE OF TEXAS REGISTRATION NO. F-928 SHEET 1 OF 2 DATE: JANUARY,2026 LEGEND PROPOSED4"CONCRETE Q SIDEWALK Q i' O O.B. - - _X — PROPOSED5"CONCRETE I PAVEMENT (/J C9 1i2" IRF , n PROPOSED 6" CONCRETE lij PROPOSED SOD PAVEMENT U O d PROPOSED 4" CONCRETE SIDEWALK / PROPOSED 8" CONCRETE DRIVEWAY 10'X10' PUBLIC OPEN SPACE EASEMENT NORTHWEST CAMPUS O 1 - STORY (VOL. 388-95, PG. 11) USE: WAR 1ST FLOOR PROPOSED 15' PUBLIC WATER 8" CONCRETE EASEMENT DECELERATION (BY PLAT) LANE , PROPOSED 4" CONCRETE SIDEWALK PROPOSED SOD / / / MATCH LINE SHEET 1 / / 10'X10' PUBLIC OPEN SPACE EASEMENT PROPOSED 8" CONCRETE DECELERATION LANE PROPOSED 8" CONCRETE EXHIBIT C DRIVEWAY PAVING IMPROVEMENTS CPN 1064655 NORTH DEVELOPER: Kimle)))HornyRAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC MATUN E 801 CHERRY STREET, UNIT 11 6112 MARTEL AVENUE R SUITE 1300 GRAPHIC SCALE IN FEET DALLAS, TX 75214 l FORT WORTH, TX 76102 817-335-6511 0 25 50 1 OOCONTACT: ZACHARY RAKUSIN TEXAS STATE OF TEXAS REGISTRATION NO. F-928 PHONE: 214-462-5619 SHEET OF DATE: JANUARY,2026 CV LU Lu Pm o __ m m \� m I co <I I Q co O -ELE�Tl TOWER \m c ' l a I 100 YR FD I FLOODPLAIN ' I FULLY DEVELOPEE FLOODPLAIN O EASEMENT a PROP. 30' SANITARI\\ I \ f I N SEWER EASEMENT O (BY SEPARATE m INSTRUMENT) �I 8" SS " SS I PROP. 3 - 42" STORM LINES 28 1 a —PROP. SLOPING PROP. 25' HEADWALL RAINAGE EASEMENT I I I I I \ I --- °--I—L--- ------------1��-�----- m PROP. TEMPORARY a I I I I GRADING EASEMENT I I I \ (BY SEPARATE \ INSTRUMENT) O O m m \\ EXHIBIT D STORM DRAIN IMPROVEMENTS CPN 106465 NORTH DEVELOPER: Kimley)))HornRAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC MARTI �I V E 801 6112 MARTEL AVENUE SUITE CHERRY STREET, UNIT 11 CREEK: I3°° GRAPHIC SCALE IN FEET DALLAS, TX 75214 FORT WORTH, TX 76102 817-335-6511 0 20 40 80 CONTACT: ZACHARY RAKUSIN TEXASMR7WO, STATE OF TEXAS REGISTRATION NO. F-928 PHONE: 214-462-5619 SHEET 1 OF 4 DATE: JANUARY,2026 LEGEND PROPOSED PUBLIC STORM LINE EXISTING PUBLIC STORM LINE PROPOSEDSTORM SEWER MANHOLE 27" ELM PROP. 282 SY OF 12" DEEP COMMON STONE RIPRAP WITH APPROVED FILTER FABRIC UNDERCUT FOR FLUSH PLACEMENT PROP. 50' DRAINAGE EASEMENT 39" ELM LEGEND _ PROPOSED PUBLIC STORM LINE _ EXISTING PUBLIC STORM LINE PROPOSED STORM SEWER MANHOLE 5'ABANDONED GAS WELL NO BUILD EASEMENT `e PROP. 60" HIP STORM LINE PROP. 1 - 45° WYE & & PROP. 1 - 45' WYE CONNECTION _ � _ CONNECTION 8 J I I � o o m m I p _ I m m m O�O I m I m p I� m m w Lu W 1. p Z l O J m U H � b Oro m ml m O m � _ m I I I 8 ss PROP. PUBLIC PROP. PUBLIC 12" STORM _ 12" STORM a LATERAL LATERALVE 2' X 6' 9 I I I I PROP. 25' BOX DRAINAGE END PUBLIC LIC BEGIN PRIVATE e EASEMENT BEGIN PRIVATE o O _m �"_ m p IRSC PART OF ECC MARINE CREEK TRACT 2B, LLC (INST.NO. D222278957) o�o aw I o _ m --.-H H EXHIBIT D NV� _. STORM DRAIN IMPROVEMENTS CPN 106465 NORTH DEVELOPER: KimIK; >> Horn RAK REAL ESTATE EQUITIES RAK� MARINE CREEK LLC MARTI �I V E 801 6112 MARTEL AVENUE SUITE CHERRY STREET, UNIT 11 CREEK: I3°° FORT GRAPHIC SCALE IN FEET DALLAS, TX 75214 FORT WORTH, TX 76102 817-335-6511 0 20 40 80 CONTACT: ZACHARY RAKUSIN TEXAS, STATE OF TEXAS REGISTRATION NO. F-928 PHONE: 214-462-5619 SHEET2 OF4 DATE: JANUARY,2026 TEBUILDING HOUSE LOr)D - 91,500 SF LEGEND w_ PROPOSED PUBLIC N W STORM LINE STORM LINE _ w _ _ EXISTING PUBLIC LlJ w PROPOSED STORM SEWER MANHOLE Z W J z = J U = U Q ~ 7 PROP. 1 - 45' WYE PROP. 60" Fg-CONNECTION -HP STORM LINE LC �9 - Mf] A-L=� - - PROPOSED -- -- PUBLIC12" 1�-i -+-- -- 9 9 I STORM LATERAL PROP. 25' y END PUBLIC - DRAINAGE BEGIN PRIVATE EASEMENT EXHIBIT D L tl STORM DRAIN IMPROVEMENTS CPN 106465 NORTH DEVELOPER: Kim ley >> Horn RAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC M�I �I � V E 801 6112 MARTEL AVENUE SUITE CHERRY STREET, UNIT 11 CREEK: I3°° GRAPHIC SCALE IN FEET DALLAS, TX 75214 FORT WORTH, TX 76102 817-335-6511 0 20 40 80 CONTACT: ZACHARY RAKUSIN TEXAS, STATE OF TEXAS REGISTRATION NO. F-928 PHONE: 214-462-5619 SHEET 3 OF 4 DATE: JANUARY, 2026 EXISTING 42" / o © 1 - RY BUIL PUBLIC RCP SE: WAREHO STORM LINE U / o I IL c-r OOR - 91 VARIABLE WIDTH —DRAINAGE � EASEMENT PROP. 1 - 45' WYE LU f CONNECTION LU 0 .� PROP. SLOPING PROP. PUBLIC 12" HEADWALL STORM LATERAL U) 0 / PROP. 5' w /V oo / CURB INLET z 4. C -- J Q PROP. 60" HPI f , `F / STORM LINE U 24' EMERGENCY ACCESS AND ti I FIRE LANE EASEMENT / ❑9 I l ❑9 PROP. 60" e e e e e 1 HP STORM LINE PROP. 1 - 45' WYE ❑ CONNECTION 9 / PROP.6'SQUARE JUNCTION BOX — — — PROP. PUBLIC - - - — — 12" STORM / PROP. 25' LATERAL / 9 I I I I DRAINAGE END PUBLIC EASEMENT BEGIN PRIVATE LEGEND _ PROPOSED PUBLIC STORM LINE EXISTING PUBLIC STORM LINE PROPOSED STORM -- SEWER MANHOLE NTEXIHIBIT D L F! ORM DRAIN IMPROVEMENTS PN 106465 NORTH DEVELOPER: Kim Iey >> Horn RAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC M�I �I � V E 801 6112 MARTEL AVENUE SUITE CHERRY STREET, UNIT 11 CREEK: I3°° GRAPHIC SCALE IN FEET DALLAS, TX 75214 FORT WORTH, TX 76102 817-335-6511 0 20 40 80 CONTACT: ZACHARY RAKUSIN TEXAS, STATE OF TEXAS REGISTRATION NO. F-928 PHONE: 214-462-5619 SHEET4 OF DATE: JANUARY,2026 LEGEND EXISTING STREET LIGHT CONDUIT PROPOSED STREET LIGHT CONDUIT PROPOSED DUAL ARM STREET LIGHT ❑0 PROPOSED GROUND BOX WITH CONCRETE APRON EXISTING ILLUMINATION POLE AND LIGHT POLE FOUNDATION TO REMAIN / I ` PROP. GROUND BOX WITH I CONCRETE APRON EXISTING STREET LIGHT SPLICED INTO EXISTING CONDUIT CONDUIT TO REMAIN EXISTING STREET LIGHT -ff / CONDUIT TO BE REMOVED NORTHWEST CAMPUS [, (VOL. 388-95, PG. 11) EXISTING ILLUMINATION POLE AND LIGHT POLE FOUNDATION / TO BE REMOVED / PROP. CONDUIT / PROP. DUAL ARM STREET LIGHT PROP. GROUND BOX WITH CONCRETE APRON PROP. CONDUIT EXISTING STREET LIGHT/ PROP. GROUND BOX CONDUIT TO BE REMOVED / WITH CONCRETE APRON -11, /'O,�� q PROP. CONDUIT �k_-� 15' PUBLIC WATER EASEMENT i (BY PLAT) 0 �z PROP. GROUND BOX WITH r` CONCRETEAPRON SPLICED INTO EXISTING CONDUIT EXISTING STREET LIGHT CONDUITTOREMAIN EXHIBIT NORTH DEVELOPER: RAK REAL ESTATE EQUITIES RAK MARINE CREEK LLC MATUN E 6112 MARTEL AVENUE R� GRAPHIC SCALE IN FEET DALLAS, TX 75214 l�� EEEEIICC O 25 50 1 OOCONTACT: ZACHARY RAKUSIN FORT WORTH, PHONE: 214-462-5619 1 TEXAS LIGHTING IMPROVEMENTS CPN 106465 Kim I ey >> Horn 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TX 76102 817-335-6511 STATE OF TEXAS REGISTRATION NO. F-928 SHEET 1 OF DATE: JANUARY,2026 60 42 43 Proposal Form BAP - BID PROPOSAL. Page 1 cf6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specificafion Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 0241.1118 4"-12" Pressure Plug EA 0241 14 1 $920.00 $920.00 2 3305.0109 Trench Safety LF 33 05 10 605 $1.00 $605.00 3 3311.0451 12" DIP Water LF 33 It 10 40 $185.00 $7,400.00 4 3311.0461 12" PVC Water Pie LF 33 11 12 565 $102.61 $57,974,65 5 3312.0001 FireH•drant EA 331240 2 $6,680.00 $13,360.00 6 3312.0117 Connection to Existing 4"-12" Water Main EA 33 1225 1 1$1,352.00 $1,352.00 7 3312.2103 1 112" Water Service FA 33 1210 1 $4,882.00 $4.882.00 5 3312.2203 2"Water Service FA 331210 2 $4,788.00 $9,576,00 9 3312.3002 6" Crate Valve EA 33 1220 2 $1,955,00 $3,910.00 10 3312.3003 8" Gate Valve EA 33 1220 2 $2,564.00 $5,128.00 11 3312.3005 12" Gate Valve EA 33 1220 4 $4,249.00 $16,996.0o 12 19999,0016 24" Steel Casing LF 00 00 00 40 $146.50 $5,860.00 TOTAL UNIT I: WATER IMPROVEMENTS1 $127.963.65 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCnIENTS-DHVFL.OPFR AWARDED PROJECTS Form Version May 22, 2019 Rik' kiair Creek City Project No. 106465 Temp131z_Quanl4 Tal sOff\fatric_Hid Proposal A&Ftien,etsc 00 42 43 Propo>al Fom) DAP -BID PROPOSAL Page 2 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Vague Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT II: SEWER IMPROVEMENTS 1 3305.1204 54" Casing/funnel I_inerPlate By Other Than OpelOper IF 05 21, 33 05 2 $1,910.00 $3,820.00 2 3331.4115 R" Sewer Pi e LP , 33 31 12, 110 $95.0ol $10,450.00 3 3339.1001 W hfanhole EA 39 10, 33 39 2 $13,825.001 $27,650.00 4 9999.0010 Trench Safe Sewer LF 33 05 l0 I la 1 $1.001 $110.00 TOTAL UNIT Ile SEWER IMPROVEMENTS1 $42,030.00 CF Y OF FORT WORTF1 STANDARD CONSTRUCTdON SPECIFICATION DOCUMENTS-DEVPLOPER AWARDED PROJPCTS Form Version May 22, 2019 Rak Marine Creek City Project No. 106465 Template_Qusntny TaUCIl kfalrix_Bid Proposal Addition.,kx 00 42 43 Proposal Forth DAP -RID PROPOS At, Page 3 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Bidlist Item No. Description Specification Section No. i Unit of Measure Bid Quantity Unit Price Bid Value UNIT III: DRAINAGE IMPROVEMENTS 1 3137.0102 Urge Stone Ri ra , dry SY 31 3700 498 $139.00 $69,222.00 2 3349.t1006 Storm Junction Structure LS 3349 10 2 $27,832.00 $55,664.00 3 3349.2013 60" Parallel headwall, I pipr. EA 33 49 40 1 $13,567.00 $13,567.00 4 3349.2209 42" Parallel Headwall, 3 pipes EA 33 49 40 1 $14,742.00 $14,742,00 5 9999.0011 Trench Safety Storm LF 33 05 10 1042 $1.00 $1,042.00 6 9999.0013 60" Pol)propylene Pie LF 00 00 00 779 $300.00 $233,700.00 7 19999,D014 42" Polypropylene Pipe LF 00 00 00 543 1$150.00 $81.450,00 8 19999.0017 12" Polypropyttme Pia LF 1 00 00 00 1 82 1$82.00 1 $6,724,00 9 J9999k018 Concrete FlUnle SY 00 00 00 1 30 1$230.On 1 $6,900.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS 483,011.00 CITY OF FORT WWZ1 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-I)EVFLOPF.R AWARDFI) PROIFCTS Form version Afay 22, 2019 Rao Marine Creel.: City Projm No. 106565 Templatz_Quantity Take()fl'�Tafri+c_Si,t Propal A3�itlionclse 00 42 43 Pmposal Porte DAP - BTU PROPOSAL Page4af6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal Bidtist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Bidiist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 1 3125.0101 SWPPP > 1 acre LS 31 2500 1 $4,500.00 $4,500.00 2 321 1,0313 8" Flexible Base, Type D, GR-1 SY 32 11 23 793 $18.00 $14,274.00 3 3213.0103 8" Cane Pinit SY 32 13 13 8127 $6.15 $49,981.05 4 3213.0301 4" Cone Sidewalk SF 32 13 20 4589 $6.50 $29,828.50 5 3213.0506 Barrier Free Ramp, Type P-1 FA 32 13 20 6 $400.00 $2,400.00 6 3217,1002 Lane Legend Arrow EA 32 1723 1 $2,758,00 $2,758.00 7 13217.1004 1 ane Legend Only EA 32 17 23 1 1$2,464.00 $2,464.00 8 13217.0201 W SLD Pant Markin HAS XV LF 32 1723 150 1$10.78 $1,617.00 9 13292.0100 Block Sod Placement SY 32 92 13 340 1$6.13 $2,084.20 TOTAL UNIT IV: PAVING IMPROVEMENTS1 $1679,906.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-OEVFLOPER AWARDED PROJECTS Form Version Afay 22, 2019 Rak Marine Creek City Project No. fW65 Template_Qu tity T.kcOR'Aiatrix Hid Pnposal AddkjortNk, 00 42 43 Prapa,al Form DAP - RID PROPOSAL Pale 5 of 6 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT V: STREET LIGHTING IMPROVEMENTS 1 2605.3015 2" CONDT PVC SCH 80 (T) LF 26 05 33 330 $20.95 $6,913.50 2 330S.0103 Exploratory Excavation of Existing Utilities EA 330530 5 $933.60 $4,168.00 3 3441.1405 NO 2 Insulated Elec Condr LF 3441 10 990 $4.45 $4,405.50 4 3441.1502 Ground Box Type B, wlApron EA 3441 10 4 $943.00 $3,772.00 5 3441.1637 Type 33A Arm EA 3441 20 2 $750.00 $1,500.00 6 3441.3261 LED Lighting Fixture EA 3441 20 2 $600,00 $1,200.00 7 3441.3302 Rd%vy [hunt Foundation TY 3,5,6, and 8 EA 3441 20 1 S 1,200,001 $1,200.00 13 13441.3342 Rdctiy ❑lum TY 18 Pole EA 34 41 20 1 S3,176.001 $3,176.00 9 13441.3501 Salvage Strect Light Pole EA 3441 20 1 S1,632.001 $1,632.00 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS1 $27,967.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROTECTS Form Version',fay 22, 20I9 Rak Afarine Creek City Proje No. 106465 Tcmplatr Quantity TakeOff Matrie_Aid Proposal Additiorti kc 00 42 43 Proposal Forth DAP - BID PROPOSAL Page 6 af6 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bid Summa UNIT II: SEWER IMPROVEMENTS UNIT Ill: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: The Conlon Company ISO LRJ Freeway, Suite 450 Farmers Branch, Tx 75243 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as proAded in the General Conditions. Bidder's Application BY: Justin SWaim Oe TITLE; SW, e President DATE; 3/212026 120 warldng days after the date when the END OF SECTION 27 $483,011.00 $109,906.75 $27,967.00 CITY OF FORT WORTH Rak htar-[ x Creek STANDARD CONSTRUCTION' SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Project No. 106465 Femr Version h4ay 22, 2014 Template_Qui 0tyTaleOn\Iatric_Bid Proposal Addition. T;x FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: RAK Real Estate Equities Marine Creek 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 "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. 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. Project Number: Ifapplicable. 106465 *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 followingoder:. 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.