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HomeMy WebLinkAboutContract 53136 Received Date: 12/03/19 Received Time: 11:16 AM Developer and Project Information Cover Sheet: Developer Company Name; TMeritage Homes of Texas,LLC Address,State,Zip Code: 8840 Cypress Waters Blvd.Suite 100,Coppell,TX,75019 Phone&Email: 972-580-6300,david.aughinbaughh(a)meritagehomes.com Authorized Signatory,Title: David Aughinbaugh,Vice President,Land Project Name: Cibolo Hills Phase 1 Brief Description: Water,Sewer,Paving,Storm Drain, Street Lights Project Location: Bus 287 South of Bonds Ranch Rd Plat Case Number: None Plat Name: None Mapsco:T Council District: 7 CFA Number: CFA19-0106 City Project Number: 102251 City of Fort Worth,Texas P Qf Standard Community Facilities Agreement OFFMIAL RECORD Rev.10/5/19 MCI CITY SECRETARY FT WORTH,TX CSC No.53136 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement")is made and entered into by and between The City of Fort Worth("City"),a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager,and Meritage Homes of Texas, LLC ("Developer"),acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party"and collectively as the"parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth,Texas or its extraterritorial jurisdiction.,for a project known as Cibolo Hills Phase 1("Project");and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards;and WHEREAS, as a condition of approval of the Project,Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement("Community Facilities"or"Improvements"); and WHEREAS,as a condition of approval of the Project,Develop r is required to meet the additional obligations contained in this Agreement,and Developer may be requirod to make dedications of land,pay fees or construction costs,or meet other obligations that are not a part o this Agreement.;and WHEREAS,the City is not participating in the cost of the Improvements or Project;and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance("CFA Ordinance"),as amended,is incorporated into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to co!nply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exist between the terms and conditions of this Agreement and the CFA Ordinance,the CFA Ordinance shall control. 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been accepted by the City ("Engineering Plans")are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide City of Fort Worth,Texas Page 2 of 15 Standard Community Facilities Agreement JCIQL RECORD Rev.10i5n9 wrC1 �l CITY SECRETARY ET WORTH,TX at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements;Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ® Exhibit A: Water ® Exhibit A-1: Sewer ® Exhibit B: Paving ® Exhibit 13-1: Storm Drain ® Exhibit C: Street Lights& Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements,and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2)years of the Effective Date("Term"). City of Fort Worth,Texas Page 3 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement,becomes insolvent,or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors,or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements,Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including,but not limited,to being prequalified,insured,licensed and bonded to construct the Improvements in the City. City of Fort Worth,Texas Page 4 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an oblige, in the amount of one hundred percent(100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions,Chapter 2253 of the Texas Government Code,and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider,which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight(48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed,and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and(2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. 11. Easements and Rights-of-Way Developer agrees to provide,at its expense,all necessary rights-of-way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. City of Fort Worth,Texas Page 5 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES FROM ALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED,BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS,INCL UDING 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 PR OPERL Y SA FE G UARD 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 SUCHINJURIES,DEATH OR DAMAGES ARE CAUSED,IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS,IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITHALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implied. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. City of Fort Worth,Texas Page 6 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 14. Estimated Fees Paid by Developer;Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees,and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer,the City will refund the difference to the Developer.If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars($50.00),the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand- delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: DEVELOPER: Development Coordination Office Meritage Homes of Texas, LLC City of Fort Worth 8840 Cypress Waters Blvd Suite 100 200 Texas Street Coppell, TX, 75019 Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 City of Fort Worth,Texas Page 7 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall,until the expiration of three(3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents,papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors,subcontractors,and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer,nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and City of Fort Worth,Texas Page 8 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants,officers, contractors, subcontractors,and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 20. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose,their attorneys, have had the opportunity to review and comment on this document;therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section,portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. City of Fort Worth,Texas Page 9 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 25. Prohibition on Boycotting Israel 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 with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company"has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of this Agreement. 26. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES,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. 27. Amendment No amendment,modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing,dated subsequent to the date hereof,and duly executed by the City and Developer. 28. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights,privileges,or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 29. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. City of Fort Worth,Texas Page 10 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 30. Compliance with Laws,Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances,rules and regulations of City. It is agreed and understood that,if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 31. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 32. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original,but which together will constitute one instrument. 33. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder,and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 11 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 34. Cost Summary Sheet Project Name: Cibolo Hills Phase 1 CFA No.: CFA19-0106 City Project No.: '02251 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 693,345.00 2.Sewer Construction $ 754,250.00 Water and Sewer Construction Total $ 1,447,595.00 B. TPW Construction 1.Street $ 2,261,808.00 2.Storm Drain $ 1,160,191.00 3.Street Lights Installed by Developer $ 419,403.75 4. Signals $ - TPW Construction Cost Total $ 3,841,402.75 Total Construction Cost(excluding the fees): $ 5,288,997.75 Estimated Construction Fees: C. Construction Inspection Service Fee $44,100.00 D. Administrative Material Testing Service Fee $28,297.50 E. Water Testing Lab Fee $2,790.00 Total Estimated Construction Fees: $ 75,187.50 Choice Financial Guarantee O ffons,choose one Amount Mark one Bond=100% $ 5,288,997.75 Completion Agreement=100%/Holds Plat $ 5,288,997.75 x Cash Escrow Water/Sanitary Sewer=125% $ 1,809,493.75 Cash Escrow Paving/Storm Drain=125% $ 4,801,753.44 Letter of Credit=125% $ 6,611,247.19 City of Fort Worth,Texas Page 12 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC) IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER / Meritage Homes of Texas,LLC Dana Burghdoff(Dec 2,201 2 �L—GY7l Dana Burgbdoff David AughinbdWgh(Nov 27,2019) Interim Assistant City Manager Name: David Aughinbaugh Title: Vice President,Land Date: Dec 2,2019 Date: Nov 27,2019 Recommended by: Evelyn Robe s(Nov 27,2019) Evelyn Roberts/Jennifer Ezemack Project Assistant Planning and Development Approved as to Form&Legality: Riohard A LloCraoXo l Richard A.McCracken(Dec 2,2019) Contract Compliance Manager•,Richard A.McCracken Sr.Assistant City Attorney By signing,I acknowledge that I am the person M&C No. N/A responsible for the monitoring and T Date: administration of this contract,including k ensuring all performance and reporting Form 1295: N/A ',A requirements. U ATTEST: * ` JJeifer zernack on behalf of Janie Morales(Dec 2,2019) jPg Name: Janie Scarlett Morales Title: Development Manager Mary J.Kayser/Ronald Gonzales City Secretary/Assistant City Secretary City of Fort Worth,Texas 5 Standard Community Facilities Agreement OFFICIAL Rev.1015119 nvPCl RECORD CITY SECRETARY FT WORTH, TX The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑ Attachment 1 -Changes to Standard Community Facilities Agreement ❑ Attachment 2—Phased CFA Provisions ❑ Attachment 3—Concurrent CFA Provisions ® Location Map ® Exhibit A:Water Improvements ® Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Page 14 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] ATTACHMENT"1" Changes to Standard Community Facilities Agreement City Project No. 102251 None City of Fort Worth,Texas Page 15 of 15 Standard Community Facilities Agreement Rev.10/5/19[NPC] 0042 43 DAP-BID PROPOSAL Page I of C SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item tnrormation BiddeeS Proposal ➢idlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure QuantitY UNIT I:WATER IMPROVEMENTS 1 3311,0241 8"Water Pipe 33 11 12 LF 7899 $34.00 $268 566.00 2 3311,0441 12"Water Pipe 33 11 10 LF 1440 $46.00 $66 240.00 3 3312.3005 12"Gate Valve&Box 33 12 20 EA 2 $2,600.00 $5,200.00 4 3312.3003 8"Gate Va€ve&Box 33 12 20 EA 43 $1,300.00 $55 900.00 5 3312,2003 1"Water Service 33 1210 EA 169 $950.00 $160,550,00 6 9999.0001 End and Plug 00 00 00 EA 9 $750,00 $6,7%00 7 3312.4313 36"x12"Tapping Sleeve and Valve 33 12 45 EA 1 $9,500.00 $9,500.00 8 3312.0001 Fire Hydrant 331240 EA 19 $4,200.00 $79,800.00 9 3311.0001 Ductile Iron Fittings 3311 11 TN 7 $4,500.00 $31 500.00 10 3305.0109 Trench Safety 3305 10 LF 9339 $1.00 $9 339.00 11 12 13 14 15 16 17 18 19 20 21 _ _22 23 24 25 26 27 28 29 ....... ........30 31 32 33 34 35_ 36 37 38 39 0 4 ... . ......._. 41 42 43 TOTAL UNIT I:WATER IMPROVEMENTS1 $693,345.00 C11 P OF FORT NORTH STANDARD CONSTRUCTION S PECI FFCATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form%'mim ScFcem6er I, 015 4)042 43_Bid ProFosal_DAP W4243 DAP-BIDPROPOSAL Page 2 of, SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid n Description Section No. Measure Quantity Unit Price Bid Value UNIT II:SANITARY SEWER IMPROVEMENTS 1 3331.4115 8"Sewer Pipe 3311 10 LF 7330 $44.00 $322,520.00 2 3339.1101 5'Dia.Manhole 3.33910 EA 2 $5,000.00 $10 000.00. 3 3339.1102 5'Drop Manhole 33 39 10 EA 2 $6,000.00 $12,000.00 4 3339.1001 4'Manhole 333910 EA 37 $4,400.00 $162,800.00 5 3301.0101 Manhole Vacuum Testing 3301 30 EA 41 $160.00 $6,150.00 6 3339.0001 Epoxy Manhole Liner 33 39 10 VF 212 $385.00 $81,620.00 7 3331.3101 4"Sewer Service 3331 50 EA 169 $700.00 $118,300.00 8 3331.3302 8"Cleanout 33 31 50 EA 1 $850.00 $650.00 9 3305.0109 Trench Safely 33 05 10 LF 7330 $2.00 $14,660.00 10 3331.3311 Connect to Existing 12"SS 3331 50 EA 1 $2,500.00 $2,500.00 11 0330.0001 Concrete Encase Sewer Pipe 03 30 10 Cy 10 $200.00 $2,000.00 12 3331.4116 8"SS wl Cement Stabilzed Sand 3311 10 LF 420 $30.00 $12,600.00 13 3305.0113 Trench Water Stops 33 05 10 EA 33 $250.00 $8,250.00 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 _ 42_ _ 43 44 _ . TOTAL UNIT It:SANITARY SEWER IMPROVEMENT $754,250.40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Full Version Sglember 1,2015 0042 43_Bid Proposal—DAP ao 42 43 PAP-HID PROPOSAL Page 3 ors SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidtis€Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity UNIT III:DRAINAGE IMPROVEMENTS 1 3341,2003 10'x6'RCB 3341 10 LF 368 $650.00 $239,200.00 34 2 31.1401 7'x3'RCS 3341 10 L.F 665 $375.00 $208,125.00 3 3341.6402 42"RCP,Class 111 33 41 16 LF 294 $125.00 $36,750X0 4 3341.0305 36"RCP,Class 111 3341 10 LF 995 $100.00 $99,500.00 5 3341.0302 30"RCP,Class 111 33 41 10 LF 654 $75.00 $49,050.00 6 3341.6208 27"RCP,Class 111 33 4110 LF 29 $65.00 $1,885.00 7 3341.0205 24"RCP,Class 111 3341 10 LF 1521 $60.00 ..... $91,260,00 8 3341.0201 21"RCP,Class 111 3341 10 LF 373 $55.00 .. . $20,615.00 9 3349.5001 10'Curb Inlet 33 49 20 EA 10 $3,200,00 $32,000.00 10 3349.5002 15'Curb Inlet 33 49 20 EA 8 $4,200.00 $33,6,00.00 11 9999.0004 4'x4'Wye Inlet 00 00 00 EA 1 $5,000.00 $5,000.00 12 3349,0103 5'x5'Manhote 33 49 10 EA 8 $6,000.00 $48,000.00 13 3349.0102 4'x4'Manhole 33 49 10 EA 7 $5,000.00 $35,000.00 14 9666.0005 TXDOT 48"SETP-CD Headwall 00 00 00 EA 1 $6,000.00 $6,000.00 15 9999.0006 TXDOT 42"SETP-CD Headwall 00 00 00 EA 2 $5,000.00 $10,000.00 ........ ... 16 9999,0007 TXDOT 36"SETP-CD Headwall 0 00 00 EA 2 $4,000.00 $8,000.00 17 3349.1003 24"Flared Headwall,1 pipe 33 49 10 EA 4 $3,000.00 $12,000.00 18 9999.0008 TXDOT CH-PW-S Headwall(10x6 RCB) 0 00 00 EA 2 $42,500.00 $85,000.00 19 9999,0009 TXDOT CH-PW-S Headwall(7x3 RCB) 0 00 00 EA 2 $22,600.00 $45,000.00 20 3137,0102 18"Thick 6"Rock Rip Rap 31 37 00 SY 952 $95.00 $90,440.00 21 3305.0109 Trench Safety 3305 10 LF 3866 $1.00 $3,866.00 22 23 24 25 26 27 28 29 30 31 32 33 34 _ 35 36 37 38 40 41 42 43 44 TOTAL UNIT III:DRAINAGE IMPROVEMENT $1,160,191.00 CITY'or Fowl WORTH STXNDARD CONSTRUCTION SPECIFICATION DOCUMEN7S•DEVELOPER AWARDED PROJECTS Pom Version September 1.2015 004243_13id Pioposaf_DAP a3dz m DAP-BID PROPOSAL Page 4 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Inforniation Biddees Proposal Bidlist Itein Specification I Unit of Bid A'o Description Section No. I Measure Qnantitp Unit Price Bid Value UNIT IV:PAVING IMPROVEMENTS 1 3213.0101 6"Cone Pavement 32 13 13 SY 281010 .$35 50 ..... $994,355.00 3 9999.0011 7.5"Cone Pavement 0.00000 SY 6,951 $41.50 ..._$288,466.50 3 9999.0012 10"Cone Pavement 00 00 00 SY 5,948 $54.00 $321,192.00 4 3213.0301 4'.4"Conc,Sidewalk 32 13 20 SF 52,594 $3.25 $170,930.50 5 3211.0501 6"Lime Stabilized Sub grade 3211 29 SY 46,000 $3.00 $138,000.00 7 3211,0401 "Hydrated Lime(3691SY) 32 11 29 TONS 828 $180.00 $149,040.00 9 9999.0013 Connect to Existing Street Header 00 00 00 EA 6 $500.00 $3,000.00 10 3213.0506 BIF Ramps 32 13 00 EA 34 $1,200.00 _ $40,800.00 11 3291,0100 6' Topsoil 3291 19 CY 2,600 $24.00 ... $62,400.00 12 3292.0100 Parkway Vegitation-Block Sod 32 92 00 SY 15,604 .. $6.00 . $93,624.00 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3{i 37 38 3� 40 41 42 43 44 45 TOTAL UNIT IV:PAVING IMPROVEMENT $2,261,808.00 CITY Of FORT 1i'ORIE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Farm S.T L—ber I,2015 On 42 43_Bid Pmpm1_DAP Cibulo H04 PH I DAP-BID PROPOSAL P.p 6 of 6 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Specification Unitof Bid Item No. Description Section No. hicasure Quantity Unit Price Bid Value Bid Summary UNIT I:WATER IMPROVEMENTS $693,345.00 UNIT II:SANITARY SEWER IMPROVEMENTS $754,250.00 UNIT III:DRAINAGE IMPROVEMENTS $1,160.191.00 UNIT IV:PAVING IMPROVEMENTS $2,261,808.00 UNIT V:STREET LIGHTING IMPROVEMENTS _ UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $4,869,594.00 Contractor agrees to complete WORT[for FL AL ACCEPTANCE within H da• ays after the date when the CONTRACT commences to run as provided in the General Conditions. ►J 0 R Kt rat d,at END OF SECTION o a CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER ASVAR PEP PROJECTS F.-V,,.ien Srpl—b,I,2015 004241_Bid P*pol tl DAP 004243 DAP•nIn PROPOSAL Page S ar( SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description SpeeiFication Unit of Btd Unit Price Bid Value No. p Section No. I Measure Quantity UNIT V:STREET LIGHTING IMPROVEMENTS 1 2605,3015 2"CONDT PVC SCN 80(T) 26 05 33 LF 8,280 $14,00 .$115,920.00 2 3441.305G LED Lighting Fixture(48 wall ATBO Cobra Head) 3441 20 EA 47 $650.00 $30,550.00 3 3441.3051 LED Lighting Fixture(133 watt ATB2 Cobra Head) 34 41 20 EA 13 $875.00 $11,375.00 4 3441.3301 Rdwy plum Foundation TY 1.2.and 4 3441 20 EA 47 $1,000.00 $47,000.00 5 3441,3302 Rdwy Ilium Foundation TY 3,5,6,and 8 3441 20 EA 13 $1,300 00 $16,900.00 6 3441.3351 FtlmisllllnstaII Rdway Ilium TY l l Pole 34 41 20 EA 47 $1,400.00 $65,800.00 7 3441.3342 Furnish/Install Rdway Ilium TY 18 Pole 3441 20 EA 13 $2,400.00 $311,200.00 8 3441.1645 Furnishllnstall Type 33AArm 34 41 20 EA 13 $400.00 $5,200.00 9 3441.1646 Furn€sh/Install Type 33B Arm 3441 20 EA 47 $400.00 $18,800.00 _ 10 3441.1772 240-480 Volt Single Ph Transocket Metered Pod 3441 20 EA 2 $7,500.00 $15,000.00 11 3441.1502 Ground Box Type B,WApron 3441 10 EA 11 $850,00 $9,350.00 12 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 28,275 $1.85 $52,308.75 13 14 ............... .. 16 . ............. 17 19 18 20 21 22 23 24 25 26 27 28 29 30 31 _ . .... ....... .. .. _ 32 33 34 35 36 37 38 39 40 41 42 _ 43 44 45 TOTAL UNIT V;STREET LIGHTING IMPROVEMENT $419,403.75 CITY OF FORT SYORTI I STANDARD CONSTRC('TION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Fern Varian S,ptcmhE 1.2015 004241_11id Propossl_DAP BLUE MOUND RD F=Tg r CD u 22 Z O CD 0 ca C m cn W BONDS RANCH RD W BONDS RANCH RD W HICKS R PROJECT LOCATION N YO O N WATER TOWER RD 2 O O BOAT CLUB ROAD Om 9 A �O CENTERBOARDLN CIBOLO HILLS, PHASE 1 OWNER: Isl PE LOTO N 0 NORTH 2500 MERITAGE HOMES iil AND STREET CNS MAPSCO 18V 11000 FRISCO STREET 8840 CYPRESS WATERS BLVE.,SUITE 100 SUITE 400 CPN 102251 DALLAS,EX 75019 FRISCO,TX 75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 i CONNECT TO EX. CpGEE oRNE 36"WATER LINE MSS 4 3 2 1 PWENASADR 1 2 3 Z I 50 49 48 47 IT 46 CIBOLO HILLS 8 45 PHASE 3 / 44 / ^ 43 4 \/ 9 \ (� 10 11 CpUR� W 41 IQ 22 W U 21 IT 20 19 18 17 16 15 40 m 39 � ygKOPEE STREET 3a ? CIBOLO HILLS 24 Z 37 jg� PHASE 2 1 ' 23 8 36 22 1 2 3 4 5 O 35 \ 21 3344 20 9 8 7 19 14 13 12 11 10 18 Q�oA% 17� 12 PpNCP6R`VE 3 2 1 16 11 10 9 8 7 15 13 28 27 28 Y9ZA 14 Q 14 23 24 25 RNE r- 15 .w,`` 30 121�� 21 t22r pp\_ W 31 11 �� 16 1902,0 �r_V 32 10 17 y`G 17 18 19 N 9 1 ��A- 19 15 16 r 33 8 2 O 14 34 20 3 A 13 2 1 0 19 4-71112 5 4 3 W 36 7 A 18 5S� 10 6 J 37 6 17 6 7� a 7 ��E� 24 LEGEND 5 O� 16 9 AS� 23 C 4 15 8A -`p\`_20 21 22 ` �� PROPOSED GATE VALVE 3 Q 14 9 J 2 - 13 10 � 18 19 ---- EXISTING GATE VALVE ` L 1 17 + PROPOSED FIRE HYDRANT 12 16 P 11 15 EXISTING FIRE HYDRANT Aj_G �,� 14 ARE 8"UNLESS OTHERWISE WATER NOTE:ALL PROPOSED NOTED. z gTRE 13 Ow 12 _' > O � co O EXHIBIT A-WATER CIBOLO HILLS, PHASE 1 OWNER: PE LOTO N �-D 0 NORTH 300' MERITAGE HOMES ill ISC CNS 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET TR CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 CQGEE pRNE MSS 4 3 2 1 PWENASADR\VE 1 2 3 Z I 50 49 48 47 IT 46 CIBOLO HILLS 8 45 PHASE 3 / 44 / ^ 43 \/ 22 W. 9 \ (� 10 11 41 CQUR� W m U 21 IT 20 19 18 17 16 15 40 39 yAKOPEE STREET N 38 O? CIBOLO HILLS 24 Z 37 jg� PHASE 2 1 ' 23 8 36 22 1 2 3 4 5 O 35 \ 21 3344 20 9 8 7 19 14 13 12 11 10 18 e e�oe2% 1 17� 12 PQNCPDR\v4 3 2 16 11 10 9 8 7 15 13 26 27 28 Y9� 14 Q 14 23 24 25 RNE 15 .,` 30 121�� 21 t2�2GQQ`_ W 31 11 �� 16 1902,0 fir_ 10 17 y`G 17 18 19 N 32 9 1 _41 18 15 16 r 33 8 2 O 14 0 34 20 3 A 13 2 1 3 19 49 1112 5 4 W 36 7 A 18 5S 10 6 J 37 24 LEGEND 5 O� 16 7 2 � 9 AS� 23 C 4 15 8'A �`- 21 2 ` PROPOSED SEWER 3 20 LINE AND MANHOLE ' O 14 9 QV 19 EXISTING SEWER LINE AND MANHOLE NSF 2 1 "�7312 10 %./ 17 18 ow PROPOSED FLOW ARROWS 16 NOTES: P 11 15 1. ALL PROPOSED SANITARY SEWER LINES ARE 8"UNLESS OTHERWISE NOTED. A� O 14 2 -26NITARYSEWERSERVICESARE SDR S 13 z T '2• 1z O ws m _> F O R co O EXHIBIT Al -WASTEWATER . CIBOLO�_D HILLS, PHASE 1 OWNER: PE LOTO N 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 OR�VE MUSCOGEE 2 1 7 g NASAOR�VE Z 1 AWE 2 3 Z ' 50 49 48 47 46 CIBOLO HILLS 45 PHASE 3 8 / 44 / 43 42 9 10 11 CO Rk W 410 On 22 21 40 & 20 19 18 17 16 1� r 39 O I ` AkOPEE STREE N 36 Z CIBOLO HILLS 24 Z 37 ,A PHASE 2 I 23 g r 36 22 1 2 3 4 5 0 35 ` 21 3344 20 9 8 7 19 14 13 12 11 10 18 RAVE 3 2 1 �OQJ2P� 17� 12 PON 7 6 5 Gp,ID 4 Q�O/ 16 11 10 9 8 15 13 26 27 28 25 Y1ZA 24 13 14 1514 21 22 2p0N OR�VE . 30 12 AAG 31 11 �� 16 19 32 20 fir_ 10 17 Q�G 17 18 19 N 9 1 l� 16 r 33 2 8 18 94 15 O 34 20 3� 13 2 1 w 12 3 Z 35 19 11 4 N LEGEND 7 18 5Sj, 10 8 5 s 3 4 37 g A(� 17 6 �A 8 V 0 37'B-B/60'ROW(TYP) 5 Q� 16 7 9 23 24 7C 0 29'B-B/50'ROW(TYP) 4 15 6A 21 22 ` 0 22'B-B/11V ROW(TYP) `9 3 _`� 20 SIDEWALK BY DEVELOPER `0 2 10 14 9 10 4 18 79 a BFRs BY DEVELOPER 13 IV `N 1 12 717 6 11 15 aALGO�1 14 � STRE 13 ` 12 EXHIBIT B- PAVING SHEET 1 OF 2 CIBOLO HILLS, PHASE 1 OWNER: PE LOTO N 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 I II ` BOUNPRODARY I � ARY - \OQN , 8 9 �e 7 1 1 1 2 LU 22 SNprJ�O I 6 Tiq/r. 14 15 16 1 1 1 2 2 2 2 d 21 5 4A DRIVE 0 20 20 ® 4 1 19 3 19 2 A� 14 1 18 (P 1 2 O� 18 �� 16 15 14 13 12 13 2 `Ps Oj 17 Q 15 16 c � 17 11 4 14 ��QQ� its 17 2 10 5 46G 2 9 O 9z 6 12 9 10 �� 2 8 2 S �jO 7 11 7 10 1 1 1 COO 24 6O 0 ,A/-- - l 9 ✓ 25 /5 � O 8 26 G 7 35 95 Q�� 27 4 34 g 16 L 12 13 14 L 5 17 28 3 2 _ _ 15 16 17 18�0�-7 4 1 1 PROPERTY BOUNDARY 19 3 20 s 2 29 / 21 �� 1 2 2 � O�GJ� 31 30 32 2 33 34 G� 35 J 36 \37 C` OG ti 9 LEGEND 0 37'B-B/60'ROW(TYP) 0 29'B-B/50'ROW(TYP) 0 22'B-B/11V ROW(TYP) SIDEWALK BY DEVELOPER e BFRsBY DEVELOPER EXHIBIT B- PAVING SHEET 2 OF 2 CIBOLO HILLS, PHASE 1 OWNER: PE LOTO N 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 COGEE p 'NE MSS 4 3 2 1 PWENASAOR�VE 1 2 3 Z I 50 49 48 47 IT 46 CIBOLO HILLS 8 45 PHASE 3 / 44 / ^ 43 42 \ (� 10 11 COUR� W� 41 IQ m 22 W, 40 U 21 IT 20 19 18 17 16 15 ,� 39 yAKOPEE STREET N 38 - CIBOLO HILLS 24 Z 37 jg� PHASE 2 1 23 6 36 22 1 2 g 4 5 O 35 \ 21 4 3344 20 9 8 7 19 14 13 12 11 10 Q�o0,% 17� 12 PONCP6R`VE 3 2 1 16 11 10 9 8 7 15 13 26 27 28 Y9� 14 Q 14 23 24 25 RNE � 15 .w,`` 30 121�� 21 t22r 00\_ W 31 11 �� 16 1902,0 �r_V o 32 10 17 y`G 17 18 19 N 16 If- 33 18 15 8 2 O 14 34 20 3 A 13 2 1 0 19 4-71112 5 4 3 W 36 7 A 18 5(P 10 6 J 37 6 17 6�� 8 7 .f���� 24 LEGEND ` 5 Oip 16 7\A" 9 ACj` 23 C ` 4 15 8� \P 21 22 G PROPOSED STORM -- 20 DRAIN INLET 3 Q 14 9 OV 19 PROPOSED STORM `9A 2 �L 73 10 18 DRAIN MANHOLE 17 PROPOSED STORM 12 16 DRAIN HEADWALL 2� A NOTES: 11 f 15 7. ALL PIPES ARE 27"RCP UNLESS OTHERWN GOM 14 2. ALL CURB SPECIFIED.INLETS ARE 10'UNLESS Z `y��A �0��� 13 OTHERWISE SPECIFIED. O W\a !� 12 _ > � O � _ / EXHIBIT B1 -STORM DRAINAGE SHEET 1 OF 2 CIBOLO HILLS, PHASE 1 OWNER: IsI PE LOTO N �-D 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 S STRTREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 I II ` BOUNPRODARY I � ARY - I� 4, 8 Ie 7 9 1 1 1 2 LU 22 I(jr� 6 Akq 14 15 16 1 1 1 2 2 2 2 d W 21 I � 5 � DRIVE 0 20 20 ® 4 1 19 3 19 2� 14 1 18 �'9` 1 2 O� 18 �� 16 15 14 13 12 13 2 `�s Oj 17 iA 12 3 Q 16 c co 17 11 � 15 11 4 14 �QQ� 18 1 2 70 10 5 13 �7 ��, 2 9 Q 9 6 12 9 10 �4 8 oo 11 10 1 1 CO 2 7 1 24 O 7 �O O�" -- � l O 9 "✓ 25 /5 �G `� 8 7 75 Q 2627 435 g 16 L 12 13 14 1 5 17 28 lool � 15 16 7 18�0 2�-7 4 1 1 PROPERTY BOUNDARY 19 3 20 1 29 / 21 1 2 2 O�GJ� 31 30 32 2 33 34 G� 35 J 36 \37 C` OG ti 9 LEGEND PROPOSED STORM DRAIN INLET PROPOSED STORM DRAIN MANHOLE PROPOSED STORM DRAIN HEADWALL MULTIPLE BOX CUVERT NOTES: 1. ALL PIPES ARE 21"RCP UNLESS OTHERWISE SPECIFIED. 2. ALL CURB INLETS ARE 10'UNLESS OTHERWISE SPECIFIED. EXHIBIT B1 -STORM DRAINAGE SHEET 2 OF 2 CIBOLO HILLS, PHASE 1 OWNER: PE LOTO N 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 MUSCoGEE pFtNE 4 3IT 2 1 6 NISA 10) 1 2 3 Z I 50 49 48 47 IT 46 CIBOLO HILLS 8 45 PHASE 3 / 44 / ^ 43 \/ 4 9 A\-P` \ (� 10 11 LOUR' W. - 41 m 22 W 40 U 21 20 19 187 18 15 IT 39 yAKOPEE STREET N 38 O? CIBOLO HILLS 24 :a37 jg� PHASE 2 1 23 6 3% 22 1 2 3 4 5 0 35 \ 21 3344 20 9 8 7 19 14 13 12 11 10 18 e e�oe2% 1 17� 12 PotVko 5V4 3 2 16 11 10 9 8 7 15 N, 13 26 27 28 Y9ZA 14 Q 14 23 24 25 RNE 1 15 .,`p 30 12 221 t22GooN W 31 11 �� 16 32 190,0 fir_ 10 17 y`G 17 18 19 N 9 1 �VA 18 15 16 33 r 8 2 O 14 0 34 20 3 A 13 2 1 19 49 1112 5 4 3 W 36 7 A 18 5S 10 6 J 37 s 17 s 7 8 7 � 24 LEGEND 5 Q� 18 � 23 C 4 15 8A X`- 21 22 ` • PROPOSED STREET LIGHTS ` 3 O 14 9 4- 19 20 PROPOSED STREET SIGNS 2 �L 73 10 � 18 v 1 `" 1 17 2 16 11 15 A R�•C 1314 Z S o LLI 12 _ _> O � co / EXHIBIT Cl -STREET NAME SIGNS&STREET LIGHTS SHEET 1 OF 2 CIBOLO�-D HILLS, PHASE 1 OWNER: PE LOTO N 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 I II ` BOUNPRODARY I � ARY - I� 4, 8 Ie 7 9 1 1 1 2 LU 22 I(jr� 6 Tiq/r. 14 15 16 1 1 1 2 2 2 2 d 21 I � 5 W1� DRIVE 0 20 20 ® 4 1 19 3 19 7� 14 1 18 (P < 1 2 O� 18 �� 16 15 14 13 12 13 2 `�s 17 I � Oj 12 3 Q 16 c co 17 11 � 15 11 4 4 �QQ� 18 1 70 10 5 1 7 2 Q 13 9 6 12 9 10 �� 2 2 S �jO 8 7 11 10 1 1 1 COO 24 7 �O O�" -- 25 l O 9 "✓ /5 �G 8 7 75 10.�2627 4 6 16 L 31 12 13 14 L 5 17 28 3 � 2 _ _ 15 16 17 18�19 0�-7 4 1 1 PROPERTY BOUNDARY 3 20 s�,(� 2 19 29 / 21 1 2 30 2 � ONGJ� 31 32 2 33 34 G� 35 J 36 \37 C` OG ti 9 LEGEND • PROPOSED STREET LIGHTS PROPOSED STREET SIGNS EXHIBIT Cl -STREET NAME SIGNS&STREET LIGHTS SHEET 2 OF 2 CIBOLO HILLS, PHASE 1 OWNER: PE LOTO N 0 NORTH 300' MERITAGE HOMES iil AND CN5 8840 CYPRESS WATERS BLVE.,SUITE 100 11000 SUITE 40 STREET CPN 102251 DALLAS,EX 75019 FRISCO,TX75033 GRAPHIC SCALE DATE: NOVEMBER2019 PHONE:972-580-6329 PHONE:469-213-1800 COMPLETION AGREEMENT—SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and Meritage Homes of Texas, a Texas Limited Liabilitv Corporation>, 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 105.25 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 019-093 or FS<Number>; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development, Cibolo Hills Phase 1 for Water, Sewer, Paving, Storm torm Drain and Street Lights ("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 and between City and Developer 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(as shown on Exhibit`B")required to complete the Community Facilities in the aggregate should not exceed the sum of Five Million, Two Hundred Eighty-Eight Thousand, Nine Hundred Ninety Seven Dollars and Seventy Five Cents Dollars ($5,288,997.75), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 1 of 29 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. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 2 of 29 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 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 CFA Division Email: CFAnfortworthtexas. og_v Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 3 of 29 City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Richard A. McCracken Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: Meritage Homes of Texas, LLC 8840 Cypress Waters Blvd, Suite 100 Dallas, Texas 75019 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. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 4 of 29 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—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 5 of 29 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: Meritage Homes of Texas,LLC 47 a Dana Burghdoff(Dec 2,201 Dana Burghdoff David Aughinb gh(Nov 27,2019) Interim Assistant City Manager Name: David Aughinbaugh Title: Vice President,Land Date: Dec 2,2019 Date: Nov 27,2019 Approved as to Form &Legality: Richard A. McCracgen Richard A.McCracken(Dec 2,2019) Contract Compliance Manager Richard A.McCracken Assistant City Attorney r ., R By signing I acknowledge that I am the 0 RT�` x person responsible for the monitoring and .•Q ATTEST: t administration of this contract, including ensuring all performance and reporting requirements. Mary J.Kayser , City Secretary ° �� Je fifer zemackonbehalfofJanieMorales(Dec2,2019) Janie S. Morales M&C: Development Manager Date: City of Fort Worth,Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 6 of 29 OFFICIAL RECORD CITY SECRETARY ET WORTH,TX LIST OF EXHIBITS ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT EXHIBIT A- LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 7 of 29 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement None City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 8 of 29 EXHIBIT A LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF TARRANT KNOW all men by these presents that Meritage Homes of Texas, LLC. and Chapel Hill West are the owners of the following described property to wit: BEING a tract of land situated in the J.A. Gill Survey, Abstract Number 570 and the B. Thomas Survey, Abstract Number 1497, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to Meritage Homes of Texas, LLC. recorded in Instrument Number D---------, County Records, Tarrant County, Texas, and a portion of that tract of land described by deed to Chapel Hill West recorded in instrument number D218219520, said County Records and being more particularly described by metes and bounds as follows: BEGINNING at a PK nail found in concrete at the northeast corner of said Chapel Hill West tract here in after referred to as tract I, being the southeast corner of that tract of land described as tract II by deed to Pete and Jo Bonds Family Partnership, LTD., recorded in Instrument Number D213039813, said County Records and being in the west right-of-way line of North Saginaw Boulevard (a variable width right-of-way), and being more particularly described by metes and bounds as follows: THENCE S 22013'27" E. with said right-of-way line, passing the northeast corner of said Meritage Homes tract at a distance of 144.24 feet, continuing for a total distance of 234.24 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; THENCE departing said common line over and across said Meritage Homes tract the following courses and distances: S 67046'44" W, 161.84 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set at the beginning of a curve to the right; With said curve to the right, an arc distance of 108.45 feet, through a central angle of 20042'489', having a radius of 300.00 feet, the long chord which bears S 78008'07" W, 107.87 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 88029'31" W, 345.09 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set at the beginning of a curve to the left; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 9 of 29 With said curve to the left, an arc distance of 282.87 feet, through a central angle of 34°29'01", having a radius of 470.00 feet, the long chord which bears S 71°15'01" W, 278.62 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'30" W, 24.01 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 09000'30" W, 14.14 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 35059'30" E, 110.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 80059'30" E, 14.14 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 54000'30" E, 4.50 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 35059'32" E, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'30" W, 6.87 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 35059'30" E, 120.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'30" W, 165.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 35059'30" W, 105.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'28" W, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 35059'30" W, 4.52 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 80059'30" W, 14.14 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 10 of 29 S 54000'30" W, 110.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 35059'30" E, 1,603.72 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'30" W, 142.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 35059'30" E, 36.30 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'28" W, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 53059'58" W, 55.15 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 51°05'18" W, 49.56 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 45046'08" W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 40020'30" W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 34054'53" W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 29029'15" W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 24008'46" W, 49.97 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 18053'25" W, 49.97 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 13038'04" W, 49.98 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 11 of 29 S 08022'27" W, 50.06 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 03003'51" W, 50.92 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 02015'58" E, 50.44 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 06035'54" E, 112.56 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set at the beginning of a curve to the right; With said curve to the right, an arc distance of 40.09 feet, through a central angle of 04050'08", having a radius of 475.00 feet, the long chord which bears S 85033'14" W, 40.08 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 09017'07" E, 139.88 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 00059'20" E, 466.83 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set at the beginning of a curve to the left; With said curve to the left, an are distance of 753.93 feet, through a central angle of 41°20'13", having a radius of 1045.00 feet, the long chord which bears N 68020'34" E, 737.69 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 47040'27"E, at 153.17 feet a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at an ell corner in the east line of said Meritage Homes tract, being the southwest corner of a remainder tract of aforementioned Chapel Hill West tract, in all 250.00 feet, to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the beginning of a curve to the right; THENCE with said east line and the south line of said tract and said curve to the right, an arc distance of 402.29 feet, through a central angle of 19057'22", having a radius of 1155.00 feet, the long chord which bears N 57039'08"E, 400.26 feet, to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; THENCE N 67037'49" E, 316.92 feet, with said common line to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found in the aforementioned common east right-of-way line of North Saginaw Boulevard; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 12 of 29 THENCE S 22013'27" E, 55.00 feet, with said right-of-way line to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the southwest corner of said Meritage Homes tract; THENCE departing said right-of-way line with the south line of said Meritage Homes tract the following courses and distances: S 67037'49" W, 316.78 feet, to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the beginning of a curve to the left; With said curve to the left, an are distance of 383.13 feet, through a central angle of 19057'22", having a radius of 1100.00 feet, the long chord which bears S 57039'08" W, 381.20 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 47040'27" W, 250.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set at the beginning of a curve to the right; With said curve to the right, an arc distance of 832.19 feet, through a central angle of 43020'47", having a radius of 1,100.00 feet, the long chord which bears S 69020'50" W, 812.49 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 88058'46" W, 500.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the beginning of a curve to the left; With said curve to the left, an are distance of 116.57 feet, through a central angle of 06004'18", having a radius of 1,100.00 feet, the long chord which bears S 87059'05" W, 116.51 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; N 05003'04" W, 55.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; N 02049'06" W, 68.59 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; THENCE departing said south line of Meritage Home tract and with the south line of said remainder tract here in after referred to as tract II; THENCE S 89021'10" W, 1,424.53 feet, with said south line of said remainder tract to the most southerly southwest corner of said remainder tract to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 13 of 29 THENCE N 00038'23" W, 706.55 feet, with the west line of said tract II to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the right; THENCE over and across said tract II the following bearings and distances: With said curve to the right, an arc distance of 609.65 feet, through a central angle of 39041'37", having a radius of 880.00 feet, the long chord which bears S 85038'26" E, 597.53 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 74030'46" E, 126.87 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set to the beginning of a curve to the right; With said curve to the right, an arc distance of 688.01 feet, through a central angle of 69009'29", having a radius of 570.00 feet, the long chord which bears S 70054'30" E, 647.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; THENCE departing said tract II and over and across said Meritage Homes tract the following bearings and distances: N 53040'15" E, 60.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the left; With said curve to the left, an are distance of 576.99 feet, through a central angle of 52028'28", having a radius of 630.00 feet, the long chord which bears N 62033'59" W, 557.03 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 45028'21" W, 14.45 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 01°40'10" W, 8.41 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the left; With said curve to the left, an arc distance of 46.55 feet, through a central angle of 15014'24", having a radius of 175.00 feet, the long chord which bears N 09017'22" W, 46.41 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 53034'08" E, 74.44 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 14 of 29 N 48°32'51" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 43°43'58" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 38055'05" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 29031'18" E, 169.41 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 20007'30" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 15018'37" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 10029'44" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 05040'51" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 00051'57" E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 03056'56" W, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 08045'49" W, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 10048'16" W, 281.68 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a non-tangent curve to the left; With said curve to the left, an arc distance of 113.38 feet, through a central angle of 07052'26", having a radius of 825.00 feet, the long chord which bears S 86003'49" E, 113.29 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 15 of 29 N 89059'58" E, 71.20 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; North, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 89059'58" W, 71.20 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the right; With said curve to the right, an arc distance of 98.26 feet, through a central angle of 07015'53", having a radius of 775.00 feet, the long chord which bears N 86022'05" W, 98.20 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 18021'52" E, 111.83 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 17048'38" E, 54.81 fee to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 12031'15" E, 61.33 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 05059'07" E, 61.34 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 00027'09" W, 61.34 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 06053'30" W, 61.34 feet; to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 13025'47" W, 60.35 feet; to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 15053'46" W, 149.94 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 74006'14" W, 121.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 15053'46" W, 47.95 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the right; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 16 of 29 With said curve to the right, an arc distance of 78.54 feet, through a central angle of 90°00'00", having a radius of 50.00 feet, the long chord which bears N 29°06'14" E, 70.71 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 74006'14" E, 53.05 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the left; With said curve to the left, an arc distance of 274.53 feet, through a central angle of 18057'05", having a radius of 830.00 feet, the long chord which bears N 64037'42" E, 273.28 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; THENCE N 34050'52" W, 60.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a non-tangent curve to the right; THENCE departing said Meritage Home tract over and across the remainder tract here in of referred to as tract III: With said curve to the right, an arc distance of 254.69 feet, through a central angle of 18057'05", having a radius of 770.00 feet, the long chord which bears S 64037'40" W, 253.53 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 74006'14" W, 52.57 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the right; With said curve to the right, an arc distance of 37.81 feet, through a central angle of 43019'43", having a radius of 50.00 feet, the long chord which bears N 84013'54" W, 36.92 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the left; With said curve to the left, an are distance of 90.76 feet, through a central angle of 86040'12", having a radius of 60.00 feet, the long chord which bears S 74005'51" W, 82.35 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a curve to the right; With said curve to the right, an arc distance of 37.82 feet, through a central angle of 43020'30", having a radius of 50.00 feet, the long chord which bears S 52025'59" W, 36.93 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 17 of 29 S 74006'15" W, 795.39 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 73030'26" W, 73.55 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 17017'37" W, 78.73 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 68054'58" E, 142.53 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; N 08022'31" W, 558.58 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; THENCE N 81038'52" E, 2,458.59 feet departing said Meritage Homes tract and a 1 o STATE OF TEXAS COUNTY OF TARRANT KNOW all men by these presents that Meritage Homes of Texas, LLC. and Chapel Hill West are the owners of the following described property to wit: BEING a tract of land situated in the J.A. Gill Survey, Abstract Number 570 and the B. Thomas Survey,Abstract Number 1497, City of Fort Worth, Tarrant County, Texas,being a portion of that tract of land described by deed to Meritage Homes of Texas, LLC. recorded in Instrument Number D , County Records, Tarrant County, Texas, and a portion of that tract of land described by deed to Chapel Hill West recorded in instrument number D218219520, said County Records and being more particularly described by metes and bounds as follows: BEGINNING at a PK nail found in concrete at the northeast corner of said Chapel Hill West tract here in after referred to as tract I,being the southeast corner of that tract of land described as tract II by deed to Pete and Jo Bonds Family Partnership, LTD.,recorded in Instrument Number D213039813, said County Records and being in the west right-of-way line of North Saginaw Boulevard(a variable width right-of-way), and being more particularly described by metes and bounds as follows: THENCE S 22013'27"E,with said right-of-way line,passing the northeast corner of said Meritage Homes tract at a distance of 144.24 feet, continuing for a total distance of 234.24 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; THENCE departing said common line over and across said Meritage Homes tract the following courses and distances: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 18 of 29 S 67°46'44"W, 161.84 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set at the beginning of a curve to the right; With said curve to the right, an arc distance of 108.45 feet,through a central angle of 20°42'48",having a radius of 300.00 feet,the long chord which bears S 78°08'07"W, 107.87 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 88029'31"W, 345.09 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set at the beginning of a curve to the left; With said curve to the left, an arc distance of 282.87 feet,through a central angle of 34029'01",having a radius of 470.00 feet,the long chord which bears S 71015'01"W, 278.62 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 54000'30"W, 24.01 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 09000'30"W, 14.14 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 35059'30"E, 110.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 80059'30"E, 14.14 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 54000'30"E,4.50 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 35059'32"E, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 54000'30"W, 6.87 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 35059'30"E, 120.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 54000'30"W, 165.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 35059'30"W, 105.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 19 of 29 S 54000'28"W, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 35059'30"W,4.52 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 80059'30"W, 14.14 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 54000'30"W, 110.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 35059'30"E, 1,603.72 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; S 54000'30"W, 142.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 35059'30"E, 36.30 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 54000'28"W, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 53059'58"W, 55.15 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 51005'18"W, 49.56 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 45046'08"W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 40020'30"W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 34054'53"W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 29029'15"W, 51.60 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 24008'46"W, 49.97 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 20 of 29 S 18°53'25"W, 49.97 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 13038'04"W, 49.98 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 08022'27"W, 50.06 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 03003'51"W, 50.92 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 020 15'58"E, 50.44 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 06035'54"E, 112.56 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set at the beginning of a curve to the right; With said curve to the right, an arc distance of 40.09 feet,through a central angle of 04050'08",having a radius of 475.00 feet,the long chord which bears S 85033'14"W, 40.08 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 090 17'07"E, 139.88 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 00059'20"E,466.83 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set at the beginning of a curve to the left; With said curve to the left, an arc distance of 753.93 feet,through a central angle of 41020'13",having a radius of 1045.00 feet,the long chord which bears N 68020'34"E, 737.69 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 47040'27"E, at 153.17 feet a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at an ell corner in the east line of said Meritage Homes tract,being the southwest corner of a remainder tract of aforementioned Chapel Hill West tract, in all 250.00 feet, to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at the beginning of a curve to the right; THENCE with said east line and the south line of said tract and said curve to the right, an arc distance of 402.29 feet,through a central angle of 19057'22",having a radius of 1155.00 feet,the long chord which bears N 57039'08"E,400.26 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 21 of 29 THENCE N 67037'49"E, 316.92 feet,with said common line to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found in the aforementioned common east right-of-way line of North Saginaw Boulevard; THENCE S 22013'27"E, 55.00 feet,with said right-of-way line to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at the southwest corner of said Meritage Homes tract; THENCE departing said right-of-way line with the south line of said Meritage Homes tract the following courses and distances: S 67037'49"W, 316.78 feet,to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at the beginning of a curve to the left; With said curve to the left, an arc distance of 383.13 feet,through a central angle of 19057'22",having a radius of 1100.00 feet,the long chord which bears S 57039'08"W, 381.20 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 47040'27"W, 250.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set at the beginning of a curve to the right; With said curve to the right, an arc distance of 832.19 feet,through a central angle of 43020'47",having a radius of 1,100.00 feet,the long chord which bears S 69020'50"W, 812.49 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 88058'46"W, 500.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at the beginning of a curve to the left; With said curve to the left, an arc distance of 116.57 feet,through a central angle of 06004'18",having a radius of 1,100.00 feet,the long chord which bears S 87059'05"W, 116.51 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; N 05003'04"W, 55.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; N 02049'06"W, 68.59 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; THENCE departing said south line of Meritage Home tract and with the south line of said remainder tract here in after referred to as tract II; THENCE S 89021'10"W, 1,424.53 feet,with said south line of said remainder tract to the most southerly southwest corner of said remainder tract to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 22 of 29 THENCE N 00038'23"W, 706.55 feet,with the west line of said tract II to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the right; THENCE over and across said tract II the following bearings and distances: With said curve to the right, an arc distance of 609.65 feet,through a central angle of 39041'37",having a radius of 880.00 feet,the long chord which bears S 85038'26"E, 597.53 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 74030'46"E, 126.87 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set to the beginning of a curve to the right; With said curve to the right, an arc distance of 688.01 feet,through a central angle of 69009'29",having a radius of 570.00 feet,the long chord which bears S 70054'30"E, 647.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; THENCE departing said tract II and over and across said Meritage Homes tract the following bearings and distances: N 53040'15"E, 60.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the left; With said curve to the left, an arc distance of 576.99 feet,through a central angle of 52028'28",having a radius of 630.00 feet,the long chord which bears N 62033'59"W, 557.03 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 45028'21"W, 14.45 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 01 040'10"W, 8.41 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the left; With said curve to the left, an arc distance of 46.55 feet,through a central angle of 15014'24",having a radius of 175.00 feet,the long chord which bears N 09017'22"W, 46.41 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 53034'08"E, 74.44 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 48032'51"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 43043'58"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 23 of 29 N 38055'05"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 29031'18"E, 169.41 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 20007'30"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 15018'37"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 10029'44"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 05040'51"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 00051'57"E, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 03056'56"W, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 08045'49"W, 58.48 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 10048'16"W, 281.68 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a non-tangent curve to the left; With said curve to the left, an arc distance of 113.38 feet,through a central angle of 07052'26",having a radius of 825.00 feet,the long chord which bears S 86003'49"E, 113.29 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 89059'58"E, 71.20 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; North, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 89059'58"W, 71.20 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the right; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 24 of 29 With said curve to the right, an arc distance of 98.26 feet,through a central angle of 07°15'53",having a radius of 775.00 feet,the long chord which bears N 86°22'05"W, 98.20 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 18021'52"E, 111.83 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 17048'38"E, 54.81 fee to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 12031'15"E, 61.33 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 05059'07"E, 61.34 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 00027'09"W, 61.34 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 06053'30"W, 61.34 feet; to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 13025'47"W, 60.35 feet; to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 15053'46"W, 149.94 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 74006'14"W, 121.00 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 15053'46"W,47.95 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the right; With said curve to the right, an arc distance of 78.54 feet,through a central angle of 90000'00",having a radius of 50.00 feet,the long chord which bears N 29006'14"E, 70.71 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 74006'14"E, 53.05 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the left; With said curve to the left, an arc distance of 274.53 feet,through a central angle of 18057'05",having a radius of 830.00 feet,the long chord which bears N 64037'42"E, 273.28 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 25 of 29 THENCE N 34050'52"W, 60.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" set for the beginning of a non-tangent curve to the right; THENCE departing said Meritage Home tract over and across the remainder tract here in of referred to as tract III: With said curve to the right, an arc distance of 254.69 feet,through a central angle of 18057'05",having a radius of 770.00 feet,the long chord which bears S 64037'40"W, 253.53 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 74006'14"W, 52.57 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the right; With said curve to the right, an arc distance of 37.81 feet,through a central angle of 43019'43",having a radius of 50.00 feet,the long chord which bears N 84013'54"W, 36.92 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the left; With said curve to the left, an arc distance of 90.76 feet,through a central angle of 86040'12",having a radius of 60.00 feet,the long chord which bears S 74005'51"W, 82.35 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set for the beginning of a curve to the right; With said curve to the right, an arc distance of 37.82 feet,through a central angle of 43020'30",having a radius of 50.00 feet,the long chord which bears S 52025'59"W, 36.93 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 74006'15"W, 795.39 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; S 73030'26"W, 73.55 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 17017'37"W, 78.73 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 68054'58"E, 142.53 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; N 08022'31"W, 558.58 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" set; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 26 of 29 THENCE N 81038'52"E, 2,458.59 feet departing said Meritage Homes tract and along the north line of said remainder tract,to the Point of Beginning and containing 4,584,706 square feet or 105.25 acres of land more or less. TO BE KNOWN AS CHAPEL HILL Lots 1-24, 1X, Block 17, Lots 1-22, 1X, Block 18, Lots 34-50, Block 19, Lots 1-14, Block 20, Lots 1-37,Block 21, Lots 1-19, Block 22, Lots 1-20, Block 23, Lots 12-24,Block 24, Lot 16x, Block 26, Lots 1-3, Block 29, Lot 1X, Block 31, Lot 1X, Block 32 and Lot 1X, Block 33 AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND DO HEREBY DEDICATE TO THE PUBLIC'S USE FOREVER THE EASEMENTS AND RIGHTS-OF-WAY AS SHOWN HEREON, EXCEPT THOSE EASEMENTS AND RIGHTS- OF-WAY CREATED OR DEDICATED BY SEPARATE INSTRUMENT AS SHOWN HEREON. ng the north line of said remainder tract, to the Point of Beginning and containing 4,584,706 square feet or 105.25 acres of land more or less. TO BE KNOWN AS CHAPEL HILL Lots 1-24, 1X, Block 17, Lots 1-22, 1X, Block 18, Lots 34-50, Block 19, Lots 1-14, Block 20, Lots 1-37, Block 21, Lots 1-19, Block 22, Lots 1-20, Block 23, Lots 12-24, Block 24, Lot 16x, Block 26, Lots 1-3, Block 29, Lot 1X, Block 31, Lot 1X, Block 32 and Lot 1X, Block 33 AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND DO HEREBY DEDICATE TO THE PUBLIC'S USE FOREVER THE EASEMENTS AND RIGHTS-OF-WAY AS SHOWN HEREON, EXCEPT THOSE EASEMENTS AND RIGHTS-OF-WAY CREATED OR DEDICATED BY SEPARATE INSTRUMENT AS SHOWN HEREON. City of Fort Worth, Texas Standard Completion Agreement-Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 27 of 29 City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 28 of 29 EXHIBIT B APPROVED BUDGET Section I Water $693,345.00 Sewer $754,250.00 Sub-total $1,447,595.00 Section II Interior Streets $2,261,808.00 Storm Drains $1,160,191.00 Sub-total $3,421,999.00 Section III Street Lights $419,403.75 Sub-total $419,403.75 TOTAL $5,288,997.75 City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 29 of 29