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HomeMy WebLinkAboutContract 46802 CITY SECRETARY CONTRACT X10. 0 COMPLETION AGREEMENT This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and First Texas Homes, Inc._, authorized to do business in Texas, ("Developer") effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 21 .219 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP 014-074 as approved by the City on or before the date of this Agreement ("Plat"); and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement (CFA # 2015-023; M&C ) relating to the development, _Presidio West PhaseVIII-B , for Paving, Drainage, Water, Sewer and Lighting Improvements ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by m and between City and Developer as follows: C-) m m Y -- 0 OFFICIAL RECORD Z CITY SECRETARY w FT.WORTH,TX N O J tJ� I . Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs (as shown on Exhibit " B_") required to complete the Community Facilities in the aggregate should not exceed the sum of ($1,340,601 .65 ), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the 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 Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities 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. 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning & Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: CFA Division Julie Westerman, Development Manager Email: Julie.Westerman Cfortworthtexas.gov Confirmation Number: 817-392-2677 and/or CFA Division Email: CFA Lfortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black Assistant City Attorney Confirmation Number: 817-392-7615 (ii) Notice to the Developer shall be addressed and delivered as follows: First Texas Homes, Inc._ Attention: Keith Hardesty 500 Crescent Court, Suite 350 Dallas, TX 75201 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. 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. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. Executed IN QUADRUPLET by the Parties hereto: DEVELOPER: CITY OF FORT WORTH: Name c.� j 7 Fernando Costa Title: �ns���'f Assistant City Manager Date: 2vt5 Date: Gz2S�s T T APPROVED AS TO FORM: UR�22� Douglas W. Black Assistant City Attorney A=S T: Mary J. Kayser g City Secretary M&C: o�o0000�XAg Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX LIST OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET EXHIBIT A LEGAL DESCRIPTION TRACT 1 BEING A 12.256 ACRE TRACT OF LAND SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1600, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO FIRST TEXAS HOMES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. D210260522, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF LOT 17R, BLOCK 29 OF PRESIDIO WEST, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK'S FILE NO. D212306378, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING ON THE EAST LINE OF SAID FIRST TEXAS HOMES, INC. TRACT AND THE WEST LINE OF A TRACT OF LAND CONVEYED TO THERESA McKEE AND BETH LASATER, AS RECORDED IN VOLUME 16385, PAGE 228, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE, SOUTH 00 DEGREES 15 MINUTES 48 SECONDS WEST, ALONG THE EAST LINE OF SAID FIRST TEXAS HOMES, INC. TRACT AND THE WEST LINE OF SAID THERESA McKEE AND BETH LASATER TRACT AND THE WEST LINE OF A TRACT OF LAND CONVEYED TO BRYAN K. SCRIBNER AND JODI SCRIBNER, AS RECORDED IN VOLUME 12212, PAGE 166, DEED RECORDS, TARRANT COUNTY, TEXAS, A DISTANCE OF 1051.53 FEETTO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID FIRST TEXAS HOMES, INC. TRACT, SAID POINT BEING ON THE NORTH LINE OF LOT 1, BLOCK 6 OF QUAIL GROVE, PHASE 1, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A, SLIDE 10613, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, NORTH 88 DEGREES 32 MINUTES 47 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT AND THE NORTH LINE OF SAID QUAIL GROVE, PHASE 1, A DISTANCE OF 718.23 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE EAST RIGHT-OF-WAY LINE OF TURTLE PASS (A 50' RIGHT- OF-WAY), AS RECORDED IN CABINET A, SLIDE 10613 AND COUNTY CLERK'S FILE NO. D212253025, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 01 DEGREES 34 MINUTES 32 SECONDS EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID TURTLE PASS, A DISTANCE OF 215.32 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHWEST CORNER OF LOT 13, 1ASLD\WFXK3908\800 DELIVERABLES 820 Submittal\CFA,CFA_LEGAL.docx Page 1 of 6 BLOCK 26 OF PRESIDIO WEST, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK'S FILE NO. D213147275, PLAT RECORDS, TARRANT COUNTY, TEXAS; SOUTH 88 DEGREES 25 MINUTES 29 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 13, BLOCK 26, A DISTANCE OF 115.09 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID LOT 13, BLOCK 26; NORTH 01 DEGREES 27 MINUTES 39 SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 13, BLOCK 26, A DISTANCE OF 47.14 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 13, BLOCK 26 AND THE SOUTHEAST CORNER OF LOT 12, BLOCK 26 OF SAID PRESIDIO WEST; NORTH 17 DEGREES 31 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 12, BLOCK 26, A DISTANCE OF 45.43 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF SAID LOT 12, BLOCK 26 AND THE SOUTHEAST CORNER OF LOT 11, BLOCK 26 OF SAID PRESIDIO WEST; NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, ALONG THE EAST LINE OF SAID PRESIDIO WEST, A DISTANCE OF 498.89 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 2, BLOCK 26 OF SAID PRESIDIO WEST; NORTH 65 DEGREES 44 MINUTES 28 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 2, BLOCK 26, A DISTANCE OF 110.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHWEST CORNER OF SAID LOT 2, BLOCK 26, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF AFORESAID TURTLE PASS; NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID TURTLE PASS, A DISTANCE OF 45.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE WEST END OF A CORNER CLIP AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID TURTLE PASS AND THE SOUTH RIGHT-OF-WAY LINE OF CREOSOTE DRIVE (A 50' RIGHT-OF-WAY), AS RECORDED IN COUNTY CLERK'S FILE NO. D212253025, PLAT RECORDS, TARRANT COUNTY, TEXAS; NORTH 69 DEGREES 15 MINUTES 32 SECONDS EAST, ALONG SAID CORNER CLIP, A DISTANCE OF 14.14 FEET TO A 5/8 INCH IRON ROD 1:\SLD\WFXK3908\800 DELIVERABLES 820 Submittal,CFA CFA_LEGAL.docx Page 2 of 6 WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE EAST END OF SAID CORNER CLIP; NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, OVER AND ACROSS SAID CREOSOTE DRIVE, A DISTANCE OF 50.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE NORTH RIGHT-OF-WAY LINE OF SAID CREOSOTE DRIVE AND THE SOUTH LINE OF LOT 5, BLOCK 28 OF PRESIDIO WEST, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK'S FILE NO. D213147275, PLAT RECORDS, TARRANT COUNTY, TEXAS; SOUTH 65 DEGREES 44 MINUTES 28 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 5, BLOCK 28, A DISTANCE OF 5.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID LOT 5, BLOCK 28; NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 5, BLOCK 28, A DISTANCE OF 110.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF SAID LOT 5, BLOCK 28, SAID POINT BEING ON THE SOUTH LINE OF LOT 1X, BLOCK 28 OF PRESIDIO WEST, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A, SLIDE 11771, PLAT RECORDS, TARRANT COUNTY, TEXAS; SOUTH 65 DEGREES 44 MINUTES 28 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 1 X, BLOCK 28, A DISTANCE OF 163.29 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE SOUTHEAST CORNER OF LOT IX, BLOCK 28; THENCE, CONTINUING OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE EAST LINE OF SAID LOT IX, BLOCK 28, THE FOLLOWING COURSES AND DISTANCES: NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, A DISTANCE OF 50.77 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS NORTH 35 DEGREES 47 MINUTES 01 SECONDS EAST, A DISTANCE OF 70.71 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 78.54 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE NORTHEAST CORNER OF SAID LOT IX, BLOCK 28 AND A SOUTHEAST CORNER OF AFORESAID LOT 17R, BLOCK 29; IASLD WFXK3908\800 DELIVERABLES 820 Subn ittaLCFA,CFA LEGAL.docx Page 3 of 6 THENCE, NORTH 88 DEGREES 31 MINUTES 42 SECONDS EAST, CONTINUING OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE SOUTH LINE OF SAID LOT 17R, BLOCK 29, A DISTANCE OF 169.26 FEET TO THE POINT OF BEGINNING, AND CONTAINING 12.256 ACRES OF LAND, MORE OR LESS. TRACT 2 BEING AN 8.963 ACRE TRACT OF LAND SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1600, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO FIRST TEXAS HOMES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. D210260522, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF LOT 1, BLOCK 25 OF PRESIDIO WEST, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A, SLIDE 11771, PLAT RECORDS, TARRANT COUNTY, TEXAS AND THE SOUTHWEST CORNER OF LOT 31, BLOCK 25 AND THE NORTHWEST CORNER OF LOT 30, BLOCK 25 OF PRESIDIO WEST, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK'S FILE NO. D213147275, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 24 DEGREES 15 MINUTES 32 SECONDS WEST, ALONG THE WEST LINE OF SAID PRESIDIO WEST, A DISTANCE OF 574.76 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHWEST CORNER OF LOT 20, BLOCK 25 AND THE NORTHWEST CORNER OF LOT 19, BLOCK 25 OF SAID PRESIDIO WEST; SOUTH 19 DEGREES 18 MINUTES 36 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 19, BLOCK 25 AND THE WEST LINE OF LOT 18, BLOCK 25 OF SAID PRESIDIO WEST, A DISTANCE OF 79.07 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR A NORTHWEST CORNER OF SAID LOT 18, BLOCK 25; SOUTH 01 DEGREE 28 MINUTES I 1 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 18, BLOCK 25, A DISTANCE OF 50.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHWEST CORNER OF SAID LOT 18, BLOCK 25; L\SLD\WFXK3908\800 DELIVERABLES`%820 Submittal\CFA,CFA_LEGAL.docx Page 4 of 6 SOUTH 88 DEGREES 25 MINUTES 28 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 18, BLOCK 25, A DISTANCE OF 124.88 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID LOT 18, BLOCK 25, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF TURTLE PASS (A 50' RIGHT-OF-WAY), AS RECORDED IN COUNTY CLERK'S FILE NO. D212253025, PLAT RECORDS, TARRANT COUNTY, TEXAS; SOUTH 01 DEGREE 34 MINUTES 32 SECONDS WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID TURTLE PASS, A DISTANCE OF 215.05 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 13, BLOCK 7 OF QUAIL GROVE, PHASE 1, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A, SLIDE 10613, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING ON THE SOUTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT; THENCE, NORTH 88 DEGREES 32 MINUTES 47 SECONDS WEST, ALONG THE SOUTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT AND THE NORTH LINE OF SAID QUAIL GROVE, PHASE 1 AND THE NORTH LINE OF QUAIL GROVE, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A, SLIDE 11951, PLAT RECORDS, TARRANT COUNTY, TEXAS, A DISTANCE OF 617.62 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHWEST CORNER OF SAID QUAIL GROVE AND THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO HARMON ROAD 81 DEVELOPMENT LP, AS RECORDED IN COUNTY CLERK'S FILE NO. D204159922, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING ON THE WEST RIGHT-OF- WAY LINE OF HERITAGE TRACE PARKWAY (A 65' RIGHT-OF-WAY), AS RECORDED IN CABINET A, SLIDE 11951, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT A DISTANCE OF 1037.28 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE SOUTHWEST LINE OF AFORESAID PRESIDIO WEST ADDITION, SAID POINT BEING IN THE APPROXIMATE CENTERLINE OF HERITAGE TRACE PARKWAY, A VARIABLE WIDTH RIGHT- OF-WAY, AS RECORDED IN CABINET A, SLIDE 11771, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, ALONG THE SOUTHWEST LINE OF SAID PRESIDIO WEST ADDITION, THE FOLLOWING COURSES AND DISTANCES: SOUTH 65 DEGREES 44 MINUTES 28 SECONDS EAST, OVER AND ACROSS SAID HERITAGE TRACE PARKWAY, A DISTANCE OF 65.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED 1:\SLD\.WFXK3908\800 DELIVERABLES 820 Submittal CFA CFA_LEGAL.docx Page 5 of 6 "JACOBS" SET FOR CORNER ON THE SOUTHEAST RIGHT-OF-WAY LINE OF SAID HERITAGE TRACE PARKWAY; NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, ALONG THE SOUTHEAST RIGHT-OF-WAY LINE OF SAID HERITAGE TRACE PARKWAY, A DISTANCE OF 47.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHWEST CORNER OF LOT 1, BLOCK 24 OF SAID PRESIDIO WEST; SOUTH 65 DEGREES 44 MINUTES 28 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 24, PASSING AT A DISTANCE OF 120.00 FEET A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 24, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF CHUPAROSA DRIVE (A 50' RIGHT-OF-WAY), AS RECORDED IN CABINET A, SLIDE 11771, PLAT RECORDS, TARRANT COUNTY, TEXAS, CONTINUING OVER AND ACROSS SAID CHUPAROSA DRIVE, IN ALL A TOTAL DISTANCE OF 170.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE EAST RIGHT-OF-WAY LINE OF SAID CHUPAROSA DRIVE; NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID CHUPAROSA DRIVE, A DISTANCE OF 5.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHWEST CORNER OF AFORESAID LOT 1, BLOCK 25; SOUTH 65 DEGREES 44 MINUTES 28 SECONDS EAST, ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 25, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 8.963 ACRES OF LAND, MORE OR LESS. I^,SLDVFXK3908\800 DELIVERABLES,820 Submittal\CFA,CFA LEGAL.docx Page 6 of 6 EXHIBIT B APPROVED BUDGET Section I Water $226,872. 10 Sewer $ 171 ,676.80 Sub-total $398,548.90 Section II Interior Streets $660,226.20 Storm Drains $358,320.00 Sub-total $1,018,546.20 Section III Street Lights $ 108,227.60 Sub-total $108,227.60 TOTAL $19525,322.70