HomeMy WebLinkAboutContract 49587 CITY SECRETARY
CONTRACT NO.
COMPLETION AGREEMENT—LENDER FUNDED
This Completion Agreement ("Agreement) is made and entered into by and among the
City of Fort Worth ("City"), and Crystal Lake Development, LLC, a Texas a Limited Liability
Company ("Developer"), and Southside 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 26.703 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-16-067 and
WHEREAS, the Developer and the City have entered into a Community Facilities
Agreement relating to the development of Marine Creek Ranch Section 12 ("CFA"); 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 'deration
City of Fort Worth,Texas
Standard Completion Agreement—Lender-FundedLF1 REr+®RD CFA Official Release Date: 07.01.2015 C RECEIVEDPage 1 of 1 SEP— 12017
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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 One
Million, Five Hundred Thirty Six Thousand, Nine Hundred Fifty Three Dollars and Twenty Six
Cents ($1,536,953.26), 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 purpose 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
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date:07.01.2015
Page 2 of 2
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
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date: 07.01.2015
Page 3 of 3
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 Cily 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.
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date: 07.01.2015
Page 4 of 4
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.
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,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date:07.01.2015
Page 5 of 5
City of Fort Worth
Planning and Development Department
1000 Throckmorton Street
Fort Worth,Texas 76102
Attention: CFA Division
Julie Westerman, Development Manager
Email: Julie.Westerman@fortworthtexas.gov
Confirmation Number: 817-392-2677
and/or
Attention: CFA Division
Email: cfa@fortworthtexas.gov
Confirmation Number: 817-392-2025
With a copy thereof addressed and delivered as follows:
Douglas W. Black
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Confirmation Number: 817-392-7615
(ii) Notice to the Developer shall be addressed and delivered as follows:
Crystal Lake Do elop:ment, LLC
c/o Randy Lockhart
3825 Camp Bowie Blvd
Fort Worth, TX 76107
Email: randy.lockhart@att.net
(iii) Notice to the Lender shall be addressed and delivered as follows:
Southside Bank
ce'o Mark Cunditf, Executive Nice President
1320 S. University Dt, Suite 402
Fort Worth,TX 76107
Email: mark.cundiff@southside.com
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date:07.01.2015
Page 6 of 6
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, provided, however, that this Agreement shall not supersede, amend or
modify any of the Loan Documents or any portion thereof.
G. Amendment. This Agreement may only be amended by a written instrument executed by
all of the Parties to his 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date: 07.01.2015
Page 7 of 7
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: DEVELOPER:
Crystal Lake Development, LLC
Assistant City Manager �me: John Cockerham
Title: Manager
Date: a` ` -
Date: (,J Ml �.o��
Approved as to Form and Legality:
LENDER:
Southside Bank
A1C.W42P A
Assistant City Attorney
ame: Mar und'
ATTEST: Title: Vice President
Q/ 9 �
�- FORT
J. Kayser ;
City Secretary
U
M&C:
Date: j�AS
EOFFICIALtTF]
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date:07.01.2015
Page 8 of 8
Crystal Lake Development, LLC, 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 :J-0 OM 60(Z 6 Q2H AM
GUARANTOR
By: _
Name • ohn Cockerham
J+
Title: Manager
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date: 07.01.2015
Page 9 of 9
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.
Ao"
D#-e: �
Janie S. Morales
Development Manager
List of Exhibits to the Completion Agreement
Attachment 1 —Changes to the Standard Completion Agreement
Exhibit A- Legal Description
Exhibit B - Approved Budget
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date:07.01.2015
Page 10 of 10
ATTACHMENT"1"
Changes to Standard Completion Agreement
None
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date: 07.01.2015
Page 11 of 13
EXHIBIT A
<Insert Legal Description>
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date:07.01.2015
Page 12 of 12
METES & BOUNDS DESCRIPTION
BEING A 26.703 ACRE TRACT OF LAND LOCATED IN THE ALEXANDER F.
ALBRIGHT SURVEY, ABSTRACT NO. 1849, CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS, BEING A PORTION OF A CALLED 964.473 ACRE TRACT OF LAND
AS DESCRIBED IN THE WARRANTY DEED TO HAYCO REALTY, LTD., A TEXAS
LIMITED PARTNERSHIP, FILED FOR RECORD IN VOLUME 14192, PAGE 644, DEED
RECORDS,TARRANT COUNTY,TEXAS (DRTCT), SAID 26.703 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS" FOR THE SOUTHEAST CORNER OF LOT 22, BLOCK C, MARINE CREEK
RANCH, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO.
D217004225, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT),
BEING ON THE NORTH LINE OF A 30-FOOT MULTIPLE PIPELINE RIGHT-OF-WAY
AND EASEMENT TO BARNETT GATHERING LP, FILED FOR RECORD IN COUNTY
CLERK'S INSTRUMENT NO. D208201387, OPRTCT, SAID BEGINNING POINT HAVING
A NAD83 - TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6992715.9
E:2306783.9 (BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN
REFERENCE TO THE NAD83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL
ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS
REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO
SURFACE USING A COMBINED SCALE FACTOR OF 1.00015312510, BASE POINT OF
0,0,0);
THENCE SOUTH 10 DEGREES 46 MINUTES 48 SECONDS WEST, OVER AND ACROSS
SAID 30-FOOT MULTIPLE PIPELINE RIGHT-OF-WAY AND EASEMENT, A DISTANCE
OF 36.83 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", BEING ON THE NORTH LINE OF AN ATMOS PIPELINE EASEMENT
(FORMERLY ENSERCH CORPORATION), FILED FOR RECORD IN VOLUME 7094,
PAGE 908,DRTCT;
THENCE SOUTH 79 DEGREES 12 MINUTES 42 SECONDS EAST, ALONG SAID NORTH
LINE, A DISTANCE OF 31.11 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED
"MYCOSKIE MCINNIS", BEING THE UPPER NORTHEAST CORNER OF A 30-FOOT
PIPELINE EASEMENT (EASEMENT NO. 9 — PAGE 20 OF 25) AS DESCRIBED IN THE
FOURTH AMENDMENT TO SURFACE LEASE AND EASEMENT AGREEMENT, FILED
FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO.D207418844,OPRTCT;
THENCE SOUTH 10 DEGREES 50 MINUTES 30 SECONDS WEST, ALONG THE EAST
LINE OF SAID 30-FOOT PIPELINE EASEMENT (D207418844), A DISTANCE OF 107.06
FEET,TO A 5/8 INCH CAPPED IRON ROD SET STAMPED"MYCOSKIE MCINNIS";
Page 1 of 4
THENCE SOUTH 78 DEGREES 50 MINUTES 08 SECONDS EAST, ALONG A NORTH
LINE OF SAID 30-FOOT PIPELINE EASEMENT (D207418844), A DISTANCE OF 91.95
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR
THE NORTHWEST CORNER OF A CALLED 23.584 ACRE TRACT OF LAND AS
DESCRIBED IN THE SPECIAL WARRANTY DEED TO WESTOVER DEVELOPMENT,
LTD., A TEXAS LIMITED PARTNERSHIP, FILED FOR RECORD IN COUNTY CLERK'S
INSTRUMENT NO. D206244184, FROM WHICH A 1/2 INCH IRON ROD FOUND
(DISTURBED) BEARS SOUTH 41 DEGREES 29 MINUTES 58 SECONDS WEST, A
DISTANCE OF 0.36 FEET;
THENCE SOUTHERLY, AND ALONG THE WEST LINE OF SAID CALLED 23.584 ACRE
TRACT OF LAND,THE FOLLOWING CALLS:
SOUTH 05 DEGREES 32 MINUTES 08 SECONDS WEST, A DISTANCE OF 140.91
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS"
SOUTH 10 DEGREES 50 MINUTES 30 SECONDS WEST, A DISTANCE OF 120.34
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", BEING AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 565.00 FEET;
ALONG SAID CURVE TO THE RIGHT, AND IN A SOUTHERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 27 DEGREES 28 MINUTES 43 SECONDS,AN
ARC LENGTH OF 270.97 FEET, AND HAVING A LONG CHORD WHICH BEARS
SOUTH 24 DEGREES 34 MINUTES 52 SECONDS WEST, A CHORD LENGTH OF
268.38 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", BEING AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT
HAVING A RADIUS OF 435.00 FEET;
ALONG SAID CURVE TO THE LEFT, AND IN A SOUTHERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 29 DEGREES 16 MINUTES 24 SECONDS,AN
ARC LENGTH OF 222.25 FEET,AND HAVING A LONG CHORD WHICH BEARS
SOUTH 23 DEGREES 41 MINUTES 03 SECONDS WEST, A CHORD LENGTH OF
219.84 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
SOUTH 09 DEGREES 02 MINUTES 52 SECONDS WEST, A DISTANCE OF 150.50
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
THENCE WESTERLY, DEPARTING THE WEST LINE OF SAID CALLED 23.584 ACRE
TRACT OF LAND, AND OVER AND ACROSS SAID CALLED 964.473 ACRE TRACT OF
LAND,THE FOLLOWING CALLS:
NORTH 73 DEGREES 21 MINUTES 51 SECONDS WEST, A DISTANCE OF 193.15
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS';
Page 2 of 4
NORTH 16 DEGREES 38 MINUTES 09 SECONDS EAST A DISTANCE OF 5.00
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
NORTH 73 DEGREES 21 MINUTES 51 SECONDS WEST, A DISTANCE OF 157.74
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", BEING AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A
RADIUS OF 850.00 FEET;
ALONG SAID CURVE TO THE LEFT, AND IN A WESTERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 07 DEGREES 18 MINUTES 08 SECONDS,AN
ARC LENGTH OF 108.33 FEET, AND HAVING A LONG CHORD WHICH BEARS
NORTH 77 DEGREES 00 MINUTES 55 SECONDS WEST, A CHORD LENGTH OF
108.26 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS';
NORTH 80 DEGREES 39 MINUTES 59 SECONDS WEST, A DISTANCE OF 245.05
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", BEING AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 1650.00 FEET;
ALONG SAID CURVE TO THE RIGHT, AND IN A WESTERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 09 DEGREES 37 MINUTES 32 SECONDS,AN
ARC LENGTH OF 277.19 FEET, AND HAVING A LONG CHORD WHICH BEARS
NORTH 75 DEGREES 51 MINUTES 13 SECONDS WEST, A CHORD LENGTH OF
276.87 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
NORTH 71 DEGREES 02 MINUTES 27 SECONDS WEST, A DISTANCE OF 81.52
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE.
MCINNIS";
NORTH 18 DEGREES 57 MINUTES 33 SECONDS EAST, A DISTANCE OF 120.00
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
NORTH 71 DEGREES 02 MINUTES 27 SECONDS WEST, A DISTANCE OF 72.07
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", SAID POINT HAVING A NAD83 - TEXAS COORDINATE SYSTEM
POSITION(GRID)OF N:6992099.0 E:2305561.2, BEING ON THE EAST RIGHT-OF-
WAY LINE OF CRYSTAL LAKE DRIVE,A 60-FOOT PUBLIC RIGHT OF WAY AS
SHOWN ON THE FINAL PLAT FOR MARINE CREEK RANCH,AN ADDITION TO
THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO
THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO. D215031086,
OPRTCT, AND BEING AT THE BEGINNING OF A NON-TANGENT CURVE TO
THE LEFT HAVING A RADIUS OF 1230.00 FEET;
Page 3 of 4
THENCE ALONG SAID CURVE TO THE LEFT, AND IN A NORTHERLY DIRECTION,
THROUGH A CENTRAL ANGLE OF 40 DEGREES 16 MINUTES 59 SECONDS, AN ARC
LENGTH OF 864.78 FEET, AND HAVING A LONG CHORD WHICH BEARS NORTH 01
DEGREES 30 MINUTES 21 SECONDS EAST, A CHORD LENGTH OF 847.08 FEET, TO A
5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS", BEING THE
SOUTHWEST CORNER OF LOT 4, BLOCK C, OF SAID MARINE CREEK RANCH
(D217004225), SAID POINT HAVING A NAD83 - TEXAS COORDINATE SYSTEM
POSITION(GRID)OF N:6992945.6 E:2305583.4;
THENCE SOUTH 79 DEGREES 10 MINUTES 03 SECONDS EAST, DEPARTING SAID
EAST RIGHT-OF-WAY LINE, AND ALONG THE SOUTH LINE OF BLOCK C, OF SAID
MARINE CREEK RANCH(D217004225),A DISTANCE OF 1222.43 FEET, TO THE POINT
OF BEGINNING, AND CONTAINING 26.703 ACRES (1,163,196 SQUARE FEET) OF
LAND, MORE OR LESS.
Page 4 of 4
EXHIBIT B
APPROVED BUDGET
Section I
Water $250,361.80
Sewer $273,528.00
Subtotal $523,889.80
Section II
Interior Streets $678,907.40
Storm Drains $271,656.50
Subtotal $950,563.90
Section III
Street Lights $62,499.56
Sub-total $62,499.56
TOTAL $1,536,953.26
City of Fort Worth,Texas
Standard Completion Agreement—Lender-Funded
CFA Official Release Date: 07.01.2015
Page 13 of 13