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HomeMy WebLinkAboutContract 51792 Received Date: 01/25/2019 Received Time:3:31 PM Developer and Project Information Cover Sheet: Developer Company Name: HPC Wellington North Development Corporation y� Address, State,Zip Code: 1 3001 Knox St., Suite 207,Dallas,TX 75205 Phone&Email: 214-445-2200,benaa,hanoveMroperty.com Authorized Signatory,Title: Ben Luedtke,Executive Vice President Project Name: Wellington Area 1 North Phase 2 Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: Southwest Corner of Willow Springs Rd&U.S.287 Plat Case Number: FP-018-040 Plat Name: Wellington Mapsco-1 None Council District: 7 CFA Number: 2018-074 City Project Number: 101624 City of Fort Worth,Texas DFAUAL RECORD Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 CITY SECRETARY � Page 1 of 11 �� �IU®RTIi,•TX k l STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 51792 WHEREAS, HPC Wellington North Development Corporation , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Wellington Area 1 North Phase 2 ("Project")within the City or the extraterritorial jurisdiction of Fort Worth,Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "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: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth,as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 OFFOCiAL RECORD CFA Official Release Date:02.20.2017 CITY SECRETARY Page 2 of 11 FT WORTH,TX to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. 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 the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) ®, Sewer(A-1) ©,Paving (B) ®, Storm Drain(B-1) ®, Street Lights & Signs (C) M. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section 11,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section 11, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide 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 shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. 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 community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further 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 on account of any injuries or damages sustained by any persons (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 properly safeguard the work, or on account of any act, 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 caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. M. Developer will further 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 in any way connected with,the construction of the infrastructure 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,and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 5 of 11 N. 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 the Developer with its contractor along with an assignment of all warranties given by the contractor, 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. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent(2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent(2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent(4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. 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 City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, 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 the contract. IMMIGRATION AND NATIONALITY ACT R. 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. City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Wellington Area 1 North Phase 2 CFA No.: 2018-074 CityProject No.: 101624 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 347,590.00 2.Sewer Construction $ 408,137.50 Water and Sewer Construction Total $ 755,727.50 B. TPW Construction 1.Street $ 1,006,368,00 2.Stone Drain $ 376,844,25 3.Street Lights Installed by Developer $ 140,083 00 4. Signals $ TPW Construction Cost Total $ 1,523,295:25 Total Construction Cost(excluding the fees): $ 2,279,02275 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 15,114.55 D. Water/Sewer Material Testing Fee(2%) $ 15,114.55 Sub-Total for Water Construction Fees $ 30,229,10 E. TPW Inspection Fee(4%) $ 55,328.49 F. TPW Material Testing(2%) $ 27,664.25 G. Street Light Inspsection Cost $ 5,603.32 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 88,596.06 Total Construction Fees: $ 118,825.16 Choice Financial Guarantee Options,choose one Amount _ Mark one) Bond=100% $ 2,279,022.75 Completion Agreement=100%/Holds Plat $ 2,279,022.75 x Cash Escrow Water/Sanitary Sewer—125% $ 944,659.38 Cash Escrow Paving/Storm Drain=125% $ 1,904,119.06 Letter of Credit=125%w/2yr expiration period $ 2,848,778.44 City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER HPC Wellington North Development Corporation Jesus J.Chapa(Jan 23, 019) Jesus J. Chapa Assistant City Manager Date: Jan 23,2019 Ben Luedtke(Jan 19,2019) Name: Ben Luedtke Recommended by: Title: Executive Vice President � e I rJan 18,2019 Date: Evelyn Roberts/Jennifer Ezemack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting Ai��t��i f1. At'Li'94w,`I requirements. Richard A.McCracken(Jan 22,2019) Richard A. McCracken Assistant City Attorney ' eScarlettMorates(Jan22,2019) M&C No. N/A 11 Name: Janie Morales Date: Title: Development Manager Form 1295: N/A O - ATTEST: p�• (� Mary J. ayser/Ronald Gonzales ' City Secretary/Assistant City Secret TEX... offiUAL RECORD City of Fort Worth,Texas � Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CITY SECRETARY �J CFA Official Release Date:02.20.2017 FT WORTH,T `J Page 9 of 11 7 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment ® Attachment 1 -Changes to Standard Community Facilities Agreement Location Map ® Exhibit A:Water Improvements ® Exhibit A-1: Sewer Improvements Water and Sewer Cost Estimates ® Exhibit B: Paving Improvements ® Paving Cost Estimate ® Exhibit 13-1: Storm Drain Improvements ® Storm Drain Cost Estimate ® Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101624 None. City of Fort Worth,Texas Standard Community Facilities Agreement-Wellington Area 1 North Phase 2 CFA Official Release Date:02.20.2017 Page 11 of 11 wxx oea.en ret>rosAr pee l Me SECTION 00 42 43 Developer Awarded Projecln•PROPOSAL FORM UNIT PRICE BID Pmjca Item ktfornetimt Bidders Proposal Bi&q rtcm No. Description Sptedcaion Seedon No. I. of Mtaetee Bid Ater ttty Una Pries Bid Value UNIT I-WATER IMPSMEMENTS 1 1 3331.0241 t'Water Pipe 33 1110.33 1112 LP j 3,020.00 is 3200 S 160.640.00 2 3331.0242 1"Water Pipe,CSS BukNl 33 It 10.13 l 112 LF j 60.00 S 4200 S 2,320.00 3 3312.3003 t'Gue Vel" 331220 EA 10.00 S 1,23000 f 12300.00 4 3312.0001 Fee Hydrant 33_1 2 40 EA j 3.00 S 3,200.00 S 9,600.00 3 3331.0001 Ductile bort Water Pathtge w/Restraint 33 11 11 TON 1.34 S 4,000.00 S 6,160.00 6 331.'..2003 V Water Service 331210 EA 161.00 f 900.00 f 144,900.00 7 3303,0003 i"WuediM Lowering 330312 EA 1.00 f 2.300.00 S 2,300.00 a 33120117 Comection b Existing 4'•12•Water MAin(Partial Shutdown) 331225 EA 4.00 S 500.00 f 2,000.00 9 3471.0001 Traffic CQW0I 347113 it40 200 S 1,500.00 S 3,000AO 10 3303.0{09 Trench SJety 330510 LF 5,010.00 S 0.23 t 1.270.00 11 3123.0101 SWPPP>I men 31 25 00 DS 1.0013 2,300.00 S 2,500.00 2t3i4l.IaVtY 1`WafER 1\rr'ilrl\'PMFty rti f 347,990.00 171Y OF FOIfi YrOant Water ITAh0AA0 COIUTROCTtON 9EOMATION OOMWNTS.OrVllf7la AWAAM10 PROMM MAI e3 tAINU.Nm hrx Yerrle"ArAII,MA Wrnep<e Mer IN,*,*Phxe I t.,.a DN e0 iK?OStI hisadi SECTION 00 42 43 Developer Awarded Plojecls-PROPOSAL FORM UNIT PRICE BID Fmiect it-bibm.1k n BiddaS Aoposrd Didlist Desctiptkm Specification Section No. Unit of Mrww Bid Quanoty Lout Pria Bid Valui Item No. 1 1 VER IMPROVEMENTS 1 3305 1003 20'Casng By Open Cut(Stall) 330522 LF 40.00 S 180.00 f ,200.00 2 T305.1004 24 ring By Open Cm(Stat) 330522 LF 20.00 S 230.00 4,400.00 3 3131 4201 1 T Seste:r Ape(SDA-26,ASTM 3034) 3311 10,33 31 12,33 3120 LF f 1,153.00 S 44.00 f SU,732.00 4 3331.4209 12'Sewer Pipe,CSS Bickfill 33 11 10,)331 12.333120 LF 97.00 S 46.00 f 5,432.00 5 3331.4212 12'DIP Sewa 33 11 10 LF 147.00 S 86.00 It 12,642.00 6 33314-01 10'Scwer Pipe tTDR-26,AST.LI D3034) 33 11 10.3331 12,33 J 120 LF 695.00 $ 40.00 S 21,80000 7 3331.4201. 10"Sewn Pipe,CSS Bs"I 33 11 10,33 31 11.33 3I 20 LF 40.00 S 50.00 S 2,u00.00 S 3331.4115 r Sewer Pipe(SDR-26.ASTM D30341 33 11 10.1331 12,333120 LF 2,53200 S 36.00 S 91.!5207 9 3331.4116 8"Sewer Ihpe,CSS Sackfdl 3311 10,33 31 12.333120 LF 23300 S 46.00 It 10.258.00 10 3331.3101 4"Snwr SerAca 33 31 50 EA 161.00 S 650.00 S 104,650.0.), 31 3339.0001 B.ypoxy Mmtwie Liner(Now Assumed) 33 39 60 VF 12 3339.1001 4'MWwle 33 39 10,33 39 20 EA 18.00 S 3,200.00 S 57.600.00 13 3339.1003 C fWm Depth Manhole 33 39 10.33 39 20 VF 13,35 S 175.00 L 4 I II.SO 14 3339.I004 4'Shallow Manhole 33 39 10,33 39 20 EA 1.00 S 4100000 S 4.003.00 15 3301.0002 post-CCTV[Wectiurt 330131 LF 4,887.00 1 2.00 $ 9,72407 16 2413.2013 Remove&Ditptlse of t'Sewn Line 0241 14 LF 33.00 S 10.00 3 330.00 11 24122014 Remove d4 Dispm of I V Sawtr Lim_ 0241 14 LF 14.00 S I20D S 168.00 19 24111201 Ramw A Dit(mse of 4'Sewer Manhole 02 41 14 EA 1.00 1 1,000.00 S 1,00000 19 9x99.0005 4'Manhole Over M dump Low 33 19 10,33 39 20 EA 1.00 S 4,500.W S 4,500.00 20 3301.0101 Manhole Vxcunm'fetting 33 01 30 FA 20.00 S 150.00 S 3,000.00 21 3305.0109 rfmch Sa'ety 330510 LF 4,887.00 S 1.00 S 4,887.00 22 3125.0101 SR'PPP>I axe 31 25 CO LS 1.00 S 2,500.W 3 2,500.00 TOTAL 1.'4rrtl Cr'K'ER 1\1PRDVKSIF:\'TS 1 408,137.50 ON Or mer WO0T11 feaw SrMltmao commumm tetmn roan nOC11w.ws.awactoot AW4eco manus aom 47(11qu*. /amV d.Ame a,2014 V.A"W Mr i mend PPM 2 W u/S RIMPUTEI OM-VOPROPOSAL PMel N4 SECTION 00 42 43 Developer Awarded Pmjet is•PROPOSAL FORM UNIT PRICE BID Project Ham Inib matlon Bidder!l'mposd Bidfot Item 140. DescriptionSpeei9xalbn Section No. Ila of, easure Bid Quwnty UnitPcice Hid Value UNIT I IMPROVEMENTS 1 3341.0201 21'RCP,Cba W 33 41 10 LF 1,040.00 S 45.001S 46,900.OD 2 3341.0203 24'ACP,Cha Hf 3341 10 LF 1.199.00 S 30.00 15 39,900.00 3 3341.0302 30'RCP,Clea Of 33 41 l0 LF 41.00 S 65.00 S 2.665.M 4 3341.0309 J RCP,Cba HI 1141 10 LF 771.00 S 15.00 S 65,135,00 3 3341.0402 42'RCP,Clue M 33 41 10 LF 2.00 S 105.00 S 210.00 6 3341.0409 48'M.Cim M 33 41 10 LF 616.00 S 125.00 $ 75,750.00 7 3349.5001 19 Curb Inlet(<1a dWh) 33 49 20 EA 14.00 $ 3,200.00 S 44.909.00 E 3349.1001 10'Type 2 Jobe(<IO'depth) 33 49 20 EA 7.00 S 3.500.00 S 24,500.00 9 3349.0001 P Storm Junclion Box 334910 EA 3.00 S 4,000.00 S 12,000.00 10 3349.0002 S'StonlJtmctionBox 334910 P.A 3.00 S 3,000.00 S 15,000.00 11 9999.0036 21'Sloped Headwall 33 49 10 EA 1.00 S 2aM.00 S 2,300.00 12 9999.0009 24"Sloped Headwall 33 49 40 EA 1.00 S 2,500.00 S 2,500.00 13 9999.0010 36•Sloped Headwall 334940 EA 2.00 S 3.500.00 S 7,000.00 14 9999.0011 42'HOWW@h(TXDOT CH-PW-0) 334940 FA 1.00 S 4,500.00 S 4,500.00 IS !9999.� 49'Headwell(77mOT CH-PW-0) 334940 EA 1.00 S 5,500.00 S 5,300.00 16 TO Reinforeaamt 000000 SF 6,90S.00 S 0.25 S 1,72625 17 TrenchSafkry 33OLF 3,659.00 S 1.00 S US9.00If SWPPP>1- 312300 LS 1.00 S 2.500.00 S 2,30000 UV \ s 376,944.25 cr 0i AC)"WORN Wu4a MWUTq erANMaD CORMUMN WtCWATM OCouMETS-OMtpla AWMOW PAORM W42 43 0"21•naa Pone VWS"AOA P,lata e.�.a ilv ro aaorosat ege4ds SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Pmjct Itam Infotmuiun BMWs Proposal mid Item No D"cription spai6cmiun Srcliun Na. Unit of ht4asur4 Did Quwfity Unit Priee Bid Val.. N Y• VIMPROVEMENTS 1 - 3213.0101 6"Conane Pavement 3313 13 SY 23,734.00 S 33.50 S 795,089.00 2 3213.0101 6'Cancrate Pav4menr(1n AINI) 331120 SY 397.00 $ 40.00 S IS85000 3 3211.0101 6"Lime Treauncnt 331129 SY 26,47200 $ 2.50 S 66,180.00 4 3211.0400 Hydrwed Lints(308lSY per Oeamch) 32 1129 TON 397.08 S 175.00 $ 69,489.00 5 3213.0301 T'Concrete Sideaaik 321320 SF 2,360.00 S 300 S 7,080.00 6 3213.0506 Barrier Frew Ramp,Typ P-1 32 1120 EA 3.00 S 1?mm $ 3.600.00 7 3113.0501 Barrier Free Ramp.Typ\41 311320 EA 3.00 3 1300.00 S 3.900.00 8 3213.0501 Barrier Free Ramp,Typ R-1 3213.10 EA 900 S 1,400.00 S 11,200M 9 3441,4003 PumiOulasisll Alm Sign Ground Mount City Sid-Stop. Name Blades(4) 34 41 30 BA 6..00 S 710.00 $ 000.00 10 3441.4003 FumisVfmuB Alum Sign Ground Mamt City Std.I$M.P.H(W 13.1P) $44130 EA Id.00 S 650,00 $ 6.500.00 11 3441:1003 FumiWTnsWl Ahun Sipe Ground Mount City Sud.(WI-IR) 34 41 30 EA 5.00 S 650.00 S 3.250.00 12 3441.4003 FumiWnstall Alm Sign Ground Mew City Sid-(WI•IL) 341030 CA 5.00 S 630.00 S 3,230.00 13 3441.4003 FumisWlnstail Alum Sign Ground Mount City Std-(R8-31.1 34 10 70 EA 8.00 $ 750.00 S 600.00 14 3441.4003 Fumidulastail Alum Sign Gmund Mount City Std•(RWR) 34 10 30 EA 800 5 750.00 5 6,000.00 15 3341.4003 Fumidulnstall Alum Sign Ground Mount laity Sid-Now Blades(4) 34 1030 EA 1.00 S 610.00 S 1,950.00 16 3121.0101 SWFPP>I acre 3115 00 LS 1.00 S 2,500.00 S 2.100.00 10r.1L UNn'IY.P.%VINC IMPROVE-NILW-5 S 1,006,368.00 lrTOeealir WaAiN re.ree e7mmAla t6NSINJOON SMIXA11001 DOCUMENTS-b[la00M AWAaafOaaasrn as Q et(alullalae farm Wnr.n AP42,1a14 w.6atw N..t SaMt4Wn2 0444 41 FEWtAt13 DAF-y0 PROPML Fare SW a SECTION 00 42 43 Developer Awarded Prcgads-PROPOSAL FORM UNIT PRICE BID Fro*1Item information Bidders Propatd Bidtst Dat S Section No. Unitof�feauro Bid Item No. X10" pcstfk+00n Qtmnthy Unit Rice Bid Value ITV-STRgEl LIGIITS IMPRONVME 1 2603.3013 r CONDT FVC SCH So(i) 26 05 31 LF 4,057.00 S 10.00 S 40,570.W 2 3491.3303 R&y Mum Fowdadw TY7 3441 20 EA 35.00 S 1,000.00 S 35,000.00 J 3491.1410 NOIOMstdatedElecCandr 344110 LF 12,171.00 S 3,00 S 36.513.00 4 1 3341.3035 Punidviastall Utility Washippon Postlioa Series Luminaire Full CtvotTLED 34 41 20 EA 35.00 S s0o.00 S 28,000.00 t 5- 3 140,013.00 Qn OFFM WORTH 00 42 u trl~m SrAaDAsO CONSMtltOM r1KWCA71Ca OONNSNR-OMLOPet AWAaOW MIECS W42M Mtt udit Fula wn4A Apel M4 00 Al 42 Summary(TSMPSATE) av-sa r2oPaSAL Pap S o16 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM BID SUMMARY TOTAL UNIT I-WATERIMPROVEMENTS S 347,590.00 TOTAL.UNIT Q-SEIVER IMPROVEAQNTS S 408,137.50 TOTAL t1P7T IDSTORN(IMPROVEMENTS S 376,84415 TOTAL UNIT IV-PAVING IMPROVEMENTS S 1,006,368,00 TOTAL UNIT VSTREET UGtrrS M(PROVEMENTS S 140.083.00 Total Coinfmcdon Bid S 2,279.022.75 l r +� 1r1 res, Pr��►den �' Utility Contractor agrees to complete WORK for FINAL ACCEPTANCE within Days Paving Contractor agrees to complete WORK for FINAL ACCEPTANCE within Days Street Lighting Contractor agrees to complete WORK for FINAL ACCEPTANCE within Days CONTRACT commences to run as provided in Ike General Conditions. 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I � W m a a Z a� LLJ Z \ X U L noa ' !i! •� Y i (n W i n m i " ! /•/ N N 10 / N • ° \ 01 _ N / / i � n ' '• N / � '/` n /�/ N \ ti /m i m m I I � � m I 133>i1S NOSN3d w a I Y o m m n fD I A] N m n N N N N N N N N N n � _ Z Q W (n N o m mN LilLij W En LL- L_ W O O Ln -------------- ----- - -- Q — e!1e4o!ry 'jeun 'Wd OS:£ 9LOZ/OL/L '6MP'B7!4!4x3 MY V30\Z eeo4d 'WPON L D9JV\V.J0\ej!q14x3 9ZL\OOVO OOL\OS9zrwm\009ZWX4M\O sV COMPLETION AGREEMENT—LENDER FUNDED This Completion Agreement ("Agreement) is made and entered into by and among the City of Fort Worth ("City"), and HPCr,g x .tEUA GTON zNQ,4;M,J)EVELORMENT C?URPO ATION, a Texas corporation("Developer"), and Veritex Corn nunity Bank("Lender"), effective as of the date subscribed by the City's City Manager or Assistant City Manager. The City, the Developer and the Lender are hereinafter collectively called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 26:88 acres that is located in the City, the legal description of which tract of real property is marked Exhibit "A"—Legal Description, attached hereto and incorporated herein for all purposes ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP FP-018-040 or FSumlii>; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development of Wellington Area 1 North Phase 2 ("(TA"); and WHEREAS, the City has required certain assurances of the availability of funds to complete the water and sewer utilities, streets/paving, storm drain, street lights and street signs for the development of the Property("Improvements"), and WHEREAS, in order to provide such assurances as have been required by the City, the Lender has agreed to advance certain funds to the City for Hard Costs (which term is hereinafter defined) subject to, and in accordance with, the terms, provisions and conditions of this Agreement; and WHEREAS, the Developer has granted to the Lender as additional security for the Loan (which term is hereinafter defined) a security interest in all plans and specifications for the development of the Property(collectively,the "Plans"); and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW THEREFORE, for and in consideration of the benefits to be derived from the mutual observance by the Parties of the terms and conditions hereof, and for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs required to complete the Improvements in the aggregate should not exceed the sum of Two MilIWn Two Hundred Thousand Seventy Nine and T veiny Twp,Dollars and Sevcnty Five CentN ($2,279,022.75), hereinafter called the"Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Improvements may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. 3. Adjustments to the Completion Amount. The Lender may from time to time make advances to the Developer for the development of the Property under the development loan that has been made by the Lender to the Developer for the p irpose of financing the costs of constructing the Improvements for the Property(the "Loan") subject to, and in accordance with, the terms, conditions and provisions of the Loan Documents (which term is hereinafter defined) evidencing and securing the Loan. Some of those advances shall be for Hard Costs as specified in the "Approved Budget" relating to the Loan, a copy of which Approved Budget is marked Exhibit "B", attached hereto and incorporated herein for all purposes, with the Hard Costs line items highlighted. The term "Hard Costs" shall mean the actual costs of construction and installation of the Improvements. To the extent that advances under the Loan are for the payment of Hard Costs, the Completion Amount shall be deemed reduced, dollar for dollar. The Lender may withhold statutory retainage from any advances under the Loan or pursuant to this Agreement. All such retainage withheld, to the extent it is attributable to Hard Costs, shall also reduce the Completion Amount dollar for dollar. All retainage withheld by the Lender for Hard Costs that are advanced to the City pursuant to this Agreement shall be released to the City as provided in the Texas Property Code upon expiration of the statutory retainage period. 4. Completion by the Developer. The Developer agrees to complete the Improvements on or before the date for completion that is established in the Loan Documents plus thirty (30) days (the "Completion Date"), in accordance with the CFA, the Plans approved by the Lender and the City and all documents evidencing or securing the Loan (collectively, the "Loan Documents"). For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Improvements. The City shall promptly notify the Lender and the Developer upon such acceptance. 5. Completion by the City. In the event that either: (A) the development of the Property is not completed by the Completion Date for any reason whatsoever, or (B) the Developer is in default under the Loan, then the Lender, at its sole option, may request the City to complete development. The City may, at its sole option and at the cost and expense of the Developer, within 10 days from receipt of Lender's request, notify Lender that it will undertake to complete the Improvements and the City shall then commence, pursue, and complete the Improvements in a reasonably timely, diligent and workmanlike manner in accordance with the Plans, subject to the terms of this Agreement. The Lender and the Developer agree that the City may use the Plans as necessary to complete the Improvements. If the City does not timely elect to complete the construction of the Improvements or if the Lender does not request the City to complete construction of the Improvements, then the Lender may at its election terminate this Agreement, or at its option, proceed to complete the Improvements, or foreclose on any of its collateral, or take any and all such action as may be provided under the Loan Documents. 6. Advance of Completion Costs to the City and Delivery of Hard Costs Collateral to the City. In the event the Lender has requested the City and the City has elected to complete the Improvements, Lender shall transfer to the City all remaining undisbursed Hard Costs specified in the Approved Budget within 10 days of the date that the City elected to complete and provided Lender with written notice of such election. The Developer hereby authorizes and instructs the Lender to make the transfer of any remaining undisbursed Hard Costs specified in the Approved Budget to the City within 10 days of notification that the City elects to complete the Improvements. In the event the cost to complete the Improvements exceeds the moneys transferred to the City, City shall notify Lender and Developer in writing of the need of additional funds. The additional funds required to complete the Improvements shall be delivered to the City within 10 business days following notification to Lender and Developer. Failure to deliver the additional funds shall relieve the City of the obligation to complete the Improvements, in which event City shall use the Hard Costs funds in its possession to pay the contractor(s) all funds due it/them. Any remaining undisbursed Hard Costs shall be returned to Lender within a reasonable time. 7. Completion by the Lender. The Lender may, at its discretion, but shall not be obligated to, undertake to complete the Improvements if there is any default under any Loan Documents in lieu of requesting the City to complete the Improvements. If the Lender elects to complete the Improvements, any Hard Costs it expends shall, dollar for dollar, reduce the Completion Amount. 8. Easements. In the event the City or the Lender undertakes the completion of the Improvements, the Developer(and to the extent necessary the Lender) grants to the City and the Lender open access to the Property and shall execute and deliver such temporary easements over and across the entirety of the Property for the purpose of access and use for the completion of the construction of the Improvements in accordance with this Agreement. To the extent requested by the City and the Lender, written temporary construction easements in form acceptable to the City and the Lender shall be executed by the Developer and -filed of record. Nothing in this paragraph shall reduce any rights of the Lender or obligations of the Developer under the Loan Documents. 9. Lender's Rights. Nothing in this Agreement shall affect any portion of the Lender's collateral for the Loan or limit or impair the Lender's right to foreclose the same or deal with the collateral as it elects in accordance with the Loan Documents. 10. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's performance bond or other financial security in connection with the development of the Property and the completion of the Improvements that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 11. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Improvements; (b) mutual written agreement of all of the Parties; or (c) the reduction of the Completion Amount to zero. However, release of the plat shall be governed by paragraph 12 hereof and termination pursuant to (b) or (c) of this paragraph 11 shall not require the City to release the plat. 12. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Improvements are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 13. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Improvements the following: a. A statement that the City is not holding any security to guarantee any payment for work performed on the Improvements; b. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; c. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property of the Improvements; and d. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in a.,b., and c. above. 14. Miscellaneous. • Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. • Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning and Development Department 200 Texas Street Fort Worth, Texas 76102 Attention: CFA Division Janie Morales, Development Manager Email: Janie.Morales@fortworthtexas.gov Confirmation Number: 817-392-7810 and/or Attention: CFA Division Email: cfa@fortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: Richard A. McCracken Office of the City Attorney City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: HPC WELLINGTON NORTH DEVELOPMENT CORPORATION 3001 Knox Street, Suite 207 Fort Worth, TX 75205 Email: Ben a�hanoverproperty.com (iii) Notice to the Lender shall be addressed and delivered as follows: Veritex Community Bank 8214 Westchester Drive, Suite 650 Dallas, TX 75225 Email: wtenney@veritexbank tom A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. • Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. • Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. • Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. • Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof, provided, however, that this Agreement shall not supersede, amend or modify any of the Loan Documents or any portion thereof. • Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to his Agreement. • Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ACCORDINGLY, the City of Fort Worth, Developer and Lender have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee.: CITY OF FORT WORTH: J-,,J.Chaps flan 23. 0i4' Jesus J. Chapa Assistant City Manager Date: Jan 23,2019 Approved as to Form and Legality: A&&4d,4. &1C&-(1(9& Richard A.McCracken(Jan 22,2019) Richard A. McCracken Assistant City Attorney ATTEST: 0RT O� � Mary J. r(Jai ,2019) Mary J. Kayser City Secretary Y� M&C: Date: DEVELOPER: HPC WELLINGTON NORTH DEVELOPMENT CORPORATION 6HP L'rCedh& Ben Luedtke(Jan 18,2019) Name: Bean 'Re Title: l.xecutive Vice President Date: Jan 18,2019 LENDER: Veritex Community Bank N., l., = Wayne A.Te�ney(Jan 21,2019) Name: Title: Contract Compliance Manger 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. e Scarlett Morales(Jan 22,2019) Janie S. Morales Development Manager r IAL RECORD SECRETARY NORTH,TX Richard .E� :LeBlanc; the Guarantor of the Development Loan, is executing this Completion Agreement for the sole purpose of acknowledging that advances that are made by the Lender pursuant to this Completion Agreement shall be deemed to be advances that are made under the Loan that shall be subject to and covered by the Loan Documents and the Guaranty Agreement that was executed by HPC WELLINGTON NORTH DEVELOPN4FNT CORPORATION. GUARANTOR Ri6hara C. LBFiarrc By: Richard E.LeBlanc(Jan 18,2019) Name: Title: OFFICIAL RECORD CITY SECRETARY FT WORTH,TX � List of Exhibits to the Completion Agreement Attachment 1 —Changes to the Standard Completion Agreement Exhibit A - Legal Description Exhibit B - Approved Budget ATTACHMENT"1" Changes to Standard Completion Agreement Nano EXHIBIT A BEING A 26.880 ACRE TRACT OF LAND SITUATED IN THE J. RIGHLY SURVEY, ABSTRACT NO. 1268, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,AND BEING PART OF A 259.696 ACRE TRACT OF LAND, CONVEYED TO KNOX STREET PARTNERS NO. 13,LTD., BY DEED RECORDED IN COUNTY CLERK'S FILE NO. D215257356, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS AND PART OF A 49.109 ACRE TRACT OF LAND CONVEYED TO KNOX STREET PARTNERS NO. 15,LTD., BY DEED RECORDED IN COUNTY CLERK'S FILE NO. D215257358, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY, TEXAS. SAID 26.880 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES,NORTH CENTRAL ZONE NAD83, (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 253,2004 AND JULIAN DAY 259, 2004, CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387)AND DENTON CORS ARP (PID-DF8986)AND BEING MORE PA[ZTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8"IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"SET FOR THE NORTHWEST CORNER OF LOT IX, BLOCK 33, OF WELLINGTON,AREA I NORTH,PHASE 1, AN ADDITION TO THE CITY OF FORT WORTH,AS RECORDED IN COUNTY CLERK'S FILE NO.D218078838, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. SAID POINT BEING THE NORTHWEST CORNER OF SAID WELLINGTON AREA I NORTH,PHASE 1 AND BEING AN INTERIOR ELL CORNER OF SAID 259.696 ACRE TRACT. THENCE,NORTH 03 DEGREES 30 MINUTES 24 SECONDS WEST, OVER AND ACROSS SAID 259.696 ACRE TRACT PASSING AT A DISTANCE OF 1049.87 FEET A NORTH LINE OF SAID 259.696 ACRE TRACT AND THE COMMON SOUTH LINE OF AFORESAID 49.109 ACER TRACT AND CONTINUING OVER AND ACROSS SAID 49.109 ACRE TRACT, IN ALL A TOTAL DISTANCE OF 1062.59 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; THENCE, CONTINUING OVER AND ACROSS SAID 49.109 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 86 DEGREES 29 MINUTES 36 SECONDS EAST, A DISTANCE OF 615.88 FEET TO A 5/8"ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 78 DEGREES 03 MINUTES 32 SECONDS EAST,A DISTANCE OF 188.02 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 24 DEGREES 57 MINUTES 55 SECONDS, A RADIUS OF 234.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 65 DEGREES 34 MINUTES 34 SECONDS EAST,A DISTANCE OF 10 1.16 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, PASSING AT AN ARC DISTANCE OF 26.25 FEET THE SOUTH LINE OF SAID 49.109 ACRE TRACT AND THE AND THE COMMON NORTH LINE OF SAID 259.696 ACRE TRACT,AND CONTINUING OVER AND ACROSS SAID 259.696 ACRE TRACT, IN ALL A TOTAL ARC DISTANCE OF 101.96 FEET TO A 5/8"IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; THENCE, SOUTH 53 DEGREES 05 MINUTES 36 SECONDS EAST, CONTINUING OVER AND ACROSS SAID 259.696 ACRE TRACT, A DISTANCE OF 964.45 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE NORTHEAST RIGHT-OF-WAY LINE OF DABORNE DRIVE, (A 60' RIGHT-OF-WAY) OF AFORESAID WELLINGTON, AREA 1 NORTH,PHASE 1; THENCE, ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID 259.696 ACRE TRACT AND ALONG THE NORTH LINES OF SAID WELLINGTON AREA 1 NORTH, PHASE 1, THE FOLLOWING COURSES AND DISTANCES: SOUTH 36 DEGREES 54 MINUTES 24 SECONDS WEST, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID DABORNE DRIVE, A DISTANCE OF 119.00 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE EAST END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTHWEST RIGHT-OF-WAY LINE OF SAID DABORNE DRIVE AND THE NORTHEAST RIGHT-OF-WAY LINE OF EVERITT TRAIL, (A 50' RIGHT-OF-WAY) OF SAID WELLINGTON AREA 1 NORTH, PHASE 1; SOUTH 81 DEGREES 54 MINUTES 24 SECONDS WEST,ALONG SAID CORNER CLIP, A DISTANCE OF 14.14 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE WEST END OF SAID CORNER CLIP; SOUTH 36 DEGREES 54 MINUTES 24 SECONDS WEST, OVER AND ACROSS SAID EVERITT TRAIL, A DISTANCE OF 50.00 FEET TO A 5/8"ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE NORTH END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID EVERITT TRAIL, AND THE NORTHWEST RIGHT-OF-WAY LINE OF AFORESAID DABORNE DRIVE; SOUTH 08 DEGREES 05 MINUTES 36 SECONDS EAST, ALONG SAID CORNER CLIP, A DISTANCE OF 14.14 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE SOUTH END OF SAID CORNER CLIP; SOUTH 36 DEGREES 54 MINUTES 24 SECONDS WEST,ALONG SAID NORTHWEST RIGHT-OF-WAY LINE A DISTANCE OF 110.00 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE EAST CORNER OF LOT 1,BLOCK 29 OF SAID WELLINGTON AREA 1 NORTH, PHASE 1; NORTH 53 DEGREES 05 MINUTES 36 SECONDS WEST,A DISTANCE OF 490.00 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTH CORNER OF LOT 15, BLOCK 32 OF SAID WELLINGTON AREA 1 NORTH,PHASE 1; SOUTH 36 DEGREES 54 MINUTES 24 SECONDS WEST,A DISTANCE OF 475.00 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 64 DEGREES 29 MINUTES 10 SECONDS WEST,A DISTANCE OF 147.42 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHWEST CORNER OF LOT 8, BLOCK 30 AND THE COMMON NORTHEAST CORNER OF LOT 9, BLOCK 30 OF SAID WELLINGTON AREA 1 NORTH, PHASE 1; SOUTH 89 DEGREES 12 MINUTES 21 SECONDS WEST,A DISTANCE OF 479.81 FEET TO A 5/8" ROD WITH YELLOW PLASTIC CAI' STAMPED "JACOBS" SET FOR THE NORTHWEST CORNER OF HULSON TRAIL, (A 50' RIGHT-OF-WAY) OF SAID WELLINGTON AREA 1 NORTH,PHASE 1: SOUTH 03 DEGREES 30 MINUTES 24 SECONDS EAST,ALONG THE WEST RIGHT-OF-WAY LINE OF SAID HULSON TRAIL,A DISTANCE OF 35.70 FEET TO A 5/8"ROD WITH YELLOW PLASTIC CAP STA`BIPED "JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 1,BLOCK 33 OF SAID WELLINGTON AREA 1 NORTH,PHASE 1; SOUTH 86 DEGREES 29 MINUTES 36 SECONDS WEST,ALONG THE NORTH LINE OF SAID LOT 1 AND THE NORTH LINE OF AFORESAID LOT 1X, BLOCK 33,A DISTANCE OF 130.00 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 26.880 ACRES OF LAND. EXHIBIT B APPROVED BUDGET Section I Water $347;590:00 Sewer $40$;137:50 Subtotal $755.727,50 Section I1 Interior Streets $IOQ6,368:00 Storm Drains $376;844:25 Subtotal $1;3$3;212.25 Section III Street Lights $140,083..00 Sub-total $140;083.00 TOTAL $2,279,022.75