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HomeMy WebLinkAboutContract 41854 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary Contract No. "I 8-5-q WHEREAS, the undersigned "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. Developer Information: Developer Company Name: Pulte Homes of Texas, L.P. Authorized Signatory: Clint Vincent Title: Vice President of Land Development Project Name: West Fork Ranch Phase I Project Location: North of Basswood Blvd, East of Bluemound Rd. Additional Streets: N/A Plat Case No.: FP-O 11-001 Plat Name: Parr Trust Addition Mapsco: 35N Council District: 2 City Project No: 01694 To be completed by st Received by: CFA: 2011-006 ft ., DOE:6624 Date: 31 �1-dt pFFICIAV. RECORD CITY SECRETARY IFT. WORM 111 .. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided under this contract. C. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City -approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits are made a part hereof: Water (A) X , Sewer (A-1) `X�, Paving (B) X, Storm Drain (B-1) _X, Streel Lights & Signs (C) _XJ. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. Combined CFA final Sept 12, 2008 2 F. For all infrastructure included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the Willi of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -Construction Meeting. The 3 submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City - issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lures of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer agrees to provide, at its expense, a.11 engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein I. City shall not be responsible for 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 commumty facilities to be installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVFLOPER, his contractors, sub -contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Combined CFA final Sept 12, 2008 4 K. L Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such injuraes, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. N. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non- exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. 5 iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer s share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's fmancial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the community facilities or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Combined CFA final Sept 12, 2008 6 Cost Summary Sheet Project Name. West Fork Ranch Phase I CFA No.: 2011-006 DOE No.: 6624 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre -construction meeting. An itemized estimate corresponding to each project -specific exhibit is required to support the following information. Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights - Installed by Developer TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: Financial Guarantee Opfions. choose one Developer's Cost 501765:00 656,834 00 1,158,599.00 2,129,618.00 635,256.00 538325.00 3,303,199.00 4,461,798.00 23,171.98 23,171.98 46,343.96 110,594.96 55,297.48 21,533.00 5,145.00 192,570.44 238,914.40 Amount Choice (ck one) Bond = 100% $ 4,461,798.00 X Completion Agreement = 100% / Holds Plat $ 4,461,798.00 Cash Escrow Water/Sanitary Sewer= 125% $ 1,448,248.75 Paving/Storm Drain r= 125% $ 4,128,998.75 Cash Escrow Letter of Credit = 125% w/2yr expiration period $ 5,5771247.50 StivioA ATTEST IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Deve oper has executed this instrument in quadruplicate, at Fort Worth, Texas this I 0 day of ,20 . CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi-Bpai.ulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: Wise Assistant City Attorney ATTEST: gi SI 11A%1 4)01: se -in V Marty Hendrix ‘,,-0C't Cit Secretar Y •Y " �10 pima 0wee 0o Ov 0000o o. a 0 ins 0 el o 44 gwier Signature (Print) Name: ,q/4 NO MAC REQUIRED r.--�=---_-a.=t vsaass^ar rsasng Transportation & Public Works Department 6L) Dougla + . Wiersig, P.E. Director Approved by City Manager's Office ��iw�.ceL.wL_ Fernando Costa Assistant City Manager Pulte Homes of Texas, L.P. By its general partner Pulte Nevada I LLC Signature Print Name: Clint Vincent Title: Vice President of L OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Combined CFA final Sept 12, 2008 8 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate r/ rs /1 (Remainder of Page Intentionally Left Blank) 9 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185, KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/5/2011 L4XHIBIT A - WATER IMPROVEMENTS DESCRIPTION UNIT QTY UNIT PRICE TOTAL ITEM # 3,185.00 $ 3,185.00 16"x12" Tapping Sleeve and Valve EA 1 $ 2,800.00 2,800.00 16"x8" Tapping Sleeve and Valve EA 1 00591 12" PVC Water Line LF 2,440 38.00 92,720.00 8" PVC Water Line LF 8,000 30.00 240,000.00 00618 1,600.00 11,200.00 00717 12" Gate Valve & Box EA 7 935.00 22,440.00 8" Gate Valve & Box EA 24 00749 600.00 6,000.00 00745 6" Gate Valve & Box EA 10 2,360.00 23,600.00 00546 Fire Hydrant Assembly 6" GV) EA 10 (includes 00220 Cast Iron Fittings TON 9.3 3,600.00 33,480.00 00837 Concrete Blocking - Type B CY 26.0 100.00 2,600.00 50.00 8,650.00 00762 Water Service, 1" Tap to Main EA 173 00758 Water Service, 1" line LF 4,325 6.00 25,950.00 2 50.00 100.00 00755 Water Service, 1-1/2" Tap to Main EA 00753 Water Service, 1-1/2" line LE 50 6.00 300.00 100.00 17,500.00 Meter Box, Class B EA 175 00553 (Polyethylene) 6" PVC Sch 80 for LF 800 1.00 800.00 00382 irrigation 00372 Trench Safety LF 10,440 1.00 10,440.00 $501,765.00 TOTAL WATER CFA-Ph1WFR 20110505.xfs, Ph1-rev5 1 of 7 5/5/2011 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/5/2011 EXHIBIT Al - SANITARY SEWER IMPROVEMENTS ITEM # DESCRIPTION UNIT QTY UNIT PRICE TOTAL 00247 12" Sanitary Sewer Main (SDR-35 PVC) LF 1,636 $ 70.00 114,520.00 00247 12" Sanitary Sewer Main (SDR-26 PVC) LF 200 80.00 16,000.00 00227 10" Sanitary Sewer Main (SDR-35 PVC) LF 365 50.00 18,250 00 00227 10" Sanitary Sewer Main (SDR-26 PVC) LF 60 60.00 3,600.00 00332 8" Sanitary Sewer Main (SDR-35 PVC) LF 5,985 40.00 239,400.00 00332 8' Sanitary Sewer Main (SDR-26 PVC) LF 580 45.00 26,100.00 00213 Manhole - Std 4' Dia with Drop EA 6 6,600.00 39,600.00. 00213 Manhole - Std 4' Dia EA 30 3,100.00 93,000.00 00214 Manhole - Extra Depth over 6' VF 120 100.00 12,000.00 00217 Manhole - Vacuum Test EA 36 75.00 2,700.00 00211 Manhole - Coating for Corrosion Protection VF 60 75.00 4,500.00 00355 Sewer Service 4' Tap EA 181 50.00 9,050.00 - 00356 4" Sewer Service with cleanouts (SDR-35 PVC) LF 1,462 13.00 19,006.00 00358 4" Sewer Service PVC) LF 2,784 14.00 38,976.00 with cleanouts (SDR-26 4" Sewer Service PVC) Capped for 00358 Future Use with cleanouts (SDR-26 LF 136 14.00 1,904.00 6" Sewer Service for Amenity Ctr Connect to MH LF 32 18.00 576.00 00362 - (SDR-26) 00372 Trench Safety LF 8,826 1.00 8,826.00 00201 Post Construction CCTV LF 8,826 1.00 8,826.00 TOTAL SANITARY SEWER $656,834.00 1 CFA-Ph1WFR 20110505.xls, Ph1-rev5 2 of 7 5/5/2011 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/18/2011 EXHIBIT B- PAVING IMPROVEMENTS DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 9 1/2" Reinf. Conc. Pvmt. w/ 7" Curbs for 28' b-b arterial SY 3,780 $ 40.00 151,200.00 2 6" Lime Stabilized Subgrade for 28'b-b arterial SY 4,020 3.00 12,060.00 3 7-1/2" Reinf. Conc. Pvmt. w/ 7" Curbs for 43 b-b street SY 17,775 32.00 568,800.00 4 6" Lime Stabilized Subgrade for 43' b-b street SY 18,850 3.00 56,550.00 5 6" Reinf. Conc. Pvmt. w/ 7' Curbs for 29' b-b street SY 32,790 24.00 786,960.00 6 6" Lime Stabilized Subgrade for 29'b-b street SY 34,800 3.00 104,400.00 7 Hydrated Lime (30#/SY) TON 865 120.00 103,800.00 8 4 4" Conc Sidewalk LF 3,370 16.00 53,920.00 , 9 5', 4" Conc. Sidewalk LF 4,570 20.00 91,400.00 10 6', 4' Conc. Sidewalk LF 1,670 24.00 40,080.00 11 B/F Ramps EA 40 850.00 34,000.00 12 Std. Street Header LF 298 15.00 4,470.00 13 Std. Street Barricade LF 298 15.00 4,470.00 c 14 Remove Barricade & Connect to Ex. Header EA 1 250.00 250.00 15 Street Markings LS 1 15,000.00 15,000.00 16 Traffic Signs EA 14 340.00 4,760.00 17 Unclassified Street Excavation for Horseman Rd CY 2,350 10.00 23,500.00 18 Sawcut and Removal of Exist Street Pvmt (White Feather) SY 150 6.00 900.00 19 Sawcut Removal Exist and of Sidewalk (White Feather Ln) SY 33 6.00 198.00 20 Remove and Replace Exist Street Light (White Feather) EA 1 3,500.00 3,500.00 21 Seeding of disturbed areas (Horseman & White Feather) SY 1,500 3.00 4,500.00 22 Type III Temporary Barricades (White Feather Ln) LF 30 50.00 1,500.00 23 8" Sanitary Sewer Main (SDR-35 PVC) LF 60 40.00 2,400.00 24 Adjustment of Top of 48" Vault EA 1 2,500.00 2,500.00 25 Retaining Wall Block 10/Lot 1 (3' exposed face) CY 20 450.00 9,000.00 Retaining Wall Horseman ROW/Ellesmere Tract (7' 26 exposed face) CY 110 450.00 49,500.00 TOTAL PAVING $2,129,618.00 CFA-Ph1WFR 20110518.xls, Phi -revs 3 of 7 5/18/2011 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/18/2011 EXHIBIT B- PAVING IMPROVEMENTS - CITY PARTICIPATION FOR HORSEMAN ROAD NORTH OF SUBDIVISION LIMITS DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 Unclassified Street Excavation CY 2,300 $ 10.00 23,000 00 2 7-1/2" Reinf. Conc. Pvmt. w/ 7" Curbs for Horseman Rd SY 720 32.00 23,040.00 3 6" Lime Stabilized Subgrade for Horseman Rd SY 760 3.00 2,280 00 4 6" Reinf. Conc. Pvmt. w/ 7' Curbs for 29'b-b street SY 160 24.00 3,840.00 5 6' Lime Stabilized Subgrade for 29'b-b street SY 170 3.00 510.00 6 Hydrated Lime (30#/SY) TON 14 120.00 1,680.00 7 4 , 4' Conc Sidewalk LF 360 16.00 5,760.00 8 B/F Ramps EA 2 850.00 1,700.00 9 Std. Street Header LF 37 15.00 555.00 10 Std. Street Barricade LF 66 15.00 990.00 11 Street Markings LF 165 5.00 825.00 12 Traffic Signs EA 4 340.00 1,360.00 13 Sawcut and Removal of Exist Street Pvmt (White Feather) SY 150 6.00 900.00 14 Sawcut and Removal of Exist Sidewalk (White Feather Ln) SY 33 6.00 198.00 15 Remove and Replace Exist Street Light (White Feather) EA 1 3,500.00 3,500.00 16 Seeding of disturbed areas (Horseman & White Feather) SY 1,500 3.00 4,500.00 17 Type III Temporary Barricades (White Feather Ln) LF 30 50.00 1,500.00 18 8" Sanitary Sewer Main (SDR-35 PVC) LF 60 40.00 2,400.00 19 Adjustment of Top Vault for 48" Water Main EA 1 2,500.00 2,500.00 20 Remove & Replace Ex Street Light Horseman EA 1 500.00 500.00 at 21 Retaining Wall Block 10/Lot 1 (3' exposed face) CY 20 450.00 9,000.00 22 Retaining exposed Wall face) Horseman ROW/Ellesmere Tract (7' CY 110 450.00 49,500.00 TOTAL PAVING PARTICIPATION $140,038.00 23 Inspection and Constr Material Testing % 140,038 6 /0 8,402 28 24 Contingency % 140,038 10% 14,003.80 TOTAL PAVING PARTICIPATION** $162,444.08 1 ** City to aquire ROW and Slope Easements as necessary for construction. CFA-Ph1WFR 20110518.xis, Ph1-revs 4 of 7 5/18/2011 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/18/2011 EXHIBIT B1- STORM DRAIN IMPROVEMENTS DESCRIPTION UNIT QTY UNIT PRICE TOTAL 1 8'x5' RCB LF 14 $ 310.00 4,340 00 2 8'x4' RCB LF 191 285.00 54,435.00 3 7'x5' RCB LF 54 285.00 15,390.00 4 6'x5 RCB LF 219 265.00 58,035.00 5 60" RCP LF 112 215.00 24,080.00 6 48" RCP LF 420 125.00 52,500.00 7 42" RCP LF 500 105.00 52,500.00 8 39" RCP LF 47 95.00 4,465.00 9 36" RCP LF 208 85.00 17,680.00 10 33" RCP LF 24 70.00 1,680.00 11 30" RCP LF 86 65.00 5,590.00 12 27" RCP LF 270 60.00 16,200.00 13 24" RCP LF 1,180 55.00 64,900.00 14 21" RCP LF 766 45.00 34,470.00 15 10' Curb Inlet EA 17 2,200 00 37,400.00 t 16 10' Recessed Curb Inlet EA 16 2,500.00 40,000.00 17 15' Curb Inlet EA 6 3,200.00 19,200 00 18 4' Square Manhole EA 4 2,700.00 10,800.00 19 5' Square Manhole EA 3 4,000.00 12,000.00 20 Std Manhole Riser EA 1 1,000.00 1,000.00 21 7'X5' Flared Wing Headwall EA 1 5,500.00 5,500.00 22 8'X5' Flared Wing Headwall EA 1 6,500.00 6,500.00 23 60" Headwall EA 1 3,700.00 3,700.00 24 54" Headwall EA 1 3,400.00 3,400.00 25 48" Headwall EA 2 3,200 00 6,400.00 26 42" Headwall EA 1 2,700.00 2,700.00 27 36" Headwall EA 2 2,100.00 4,200 00 28 24" Headwall EA 2 1,700.00 3,400.00 29 Remove Existing Headwall EA 1 500.00 500.00 30 Rock Rip Rap SY 500 75.00 37,500.00 31 Outfall Excavation LF 3,070 10.00 30,700.00 32 Trench Safety LF 4,091 1.00 4,091.00 TOTAL STORM DRAIN $635,256.00 CFA-Ph1WFR 20110520.xls, Ph1-revs 5 of 7 5/20/2011 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/5/2011 EXHIBIT C - STREET LIGHTING IMPROVEMENTS DESCRIPTION UNIT QTY UNIT PRICE TOTAL LF 14,190 $ 5.50 78,045.00 1 2" Sch 40 PVC (includes Trenching & Backfill) 2 Quad Alum 2-2-2-4 LF 7,600 1.60 12,160.00 3 #10 THWN Copper CLF 200 1.00 200.00 4 Elec Service Panel EA 3 4,500 13,500.00 5 Utility Box EA 37 350 12,950.00 Antique Single EA 84 525 44,100.00 6 Light Fixture, - 7 Light Fixture, Antique - Double EA 6 900 5,400.00 8 Light Fixture - Cobra Double EA 5 300 1,500.00 9 Light Pole Foundation EA 94 800 75,200 00 10 25 Pole, Antique for residential EA 66 2,100 138,600.00 11 40' Pole, Antique, for Montbeliard (single arm) EA 18 5,165 92,970.00 12 40' Pole, Antique, for Montbeliard (double arm) EA 6 6,250 37,500.00 13 40' Pole, Standard for Basswood (double arm) EA 5 2,500 12,500.00 14 Remove & Replace Ex Street Light at Horseman EA 1 500 500.00 TOTAL STREET LIGHTS $538,825.00 CFA-Ph1WFR 20110505.xls, Ph1-rev5 6 of 7 5/5/2011 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR SUITE 185 KELLER TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION WEST FORK RANCH PHASE 1 5/5/2011 EXHIBIT CI STREET SIGNS DESCRIPTION UNIT UNIT PRICE TOTAL QTY EA 21 245.00 5,145.00 1 Street Name Blades TOTAL STREET SIGNS $5,145.00 CFA-Ph1WFR 20110505.xls, Ph1-rev5 7 of 7 5/5/2011 LEGEND 1"IRi 1�/"IR PROPOSED WATER LINE EXIST WATER LINE 6"PVC SCH80 CONDUITS 1" IRRIGATION SERVICE 1 %2' IRRIGATION SERVICE NOTE: ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED _ J • • • EXHIBIT A - WATER L 1 1 1 0 NORTH 300' GRAPHIC SCALE W i-4,S%%T'}} FORK irizefre PHASE 1 900 ovol _FP ME IN I s 's r . RENDA ID 111 0 11 - I I � i I 0- I at I' QI—(.0 1 Wm JZW >MC Ov J O co cn /ij— IIF VAR // • /._� __-.. -� - l en.--- X 16'%, '�� BOULEVARD 11 it I Op _ N -Ti HT II II I II II I II i ills __) II 1 IIII IL ENGINEER IH I L_ OWNER / DEVELOPER• PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 151 el P E LOTO N IE LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 1 OF 1 - LEGEND PROPOSED SEWER LINES EXIST SEWER LINES NOTE: ALL PROPOSED SANITARY SEWER LINES ARE 8 UNLESS OTHERWISE NOTED 1 I I I 1 i ♦ ` O -Q ♦ FUTURE 1- A, EXHIBIT Al - WASTEWATER 0 NORTH GRAPHIC SCALE WEST FORK 300' �-'�} 1 PHASE 1 OWNER / DEVELOPER• PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE* 972-304-2800 FAX: 972-304-2801 ENGINEERR €I P E LOTO N 11111 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 2 OF 2 LEGEND PROPOSED SEWER LINES EXIST SEWER LINES NOTE: ALL PROPOSED SANITARY SEWER LINES ARE 8' UNLESS OTHERWISE NOTED I WC NN • •` a EXHIBIT Al - WASTEWATER- 0 NORTH 300' GRAPHIC SCALE �I_1_11 L 1 L WEST FORT JCL rztt!, PHASE 1 r •,' s ' -_s I rarity' CLELBRAY P LACr ANGONI • • ". i STRErT BLRRENDA DRIVE • NMI I I II II II Ti !I // BOULEVARD Ir OWNER / DEVELOPER PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972 304 2800 FAX: 972-304-2801 n II ( 11d q III 11 111 Ji 1_I 1111 IL U L Zit 0 z 0 J H w co ENGINEER' 1=111 PE LOTO N LAND SO UTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 1 OF 2 LEGEND V/2 29' B-B / 50' ROW 37' B-B / 60' ROW 43' B-B / 80' ROW 24.5' B-B / 80' ROW 28 B-B / HALF OF 130 ROW SIDEWALK BY DEVELOPER SIDEWALK BY HOMEBUILDER B:R E-E LANI F— Z 0 1111001140, Sei." te 0a. was* A // 7/ 1/ // // EXHIBIT B - PAVING L1_1_l 1 LJ L I I 1 s '8, .9. ryiuRc f 1 , L an IN • GE O Oa Bf CA CH 0 NORTH 300' GRAPHIC SCALE WEST .FORK 1e't7le 4 PHASE 1 B YP ACr 1•101.1 NNW M STRE t an ♦a,® -No i4cti. W I' 1 U 1- ■ NovrriviVfeterirl w co a BOULEVARD nT OWNER / DEVELOPER PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 ENGINEER° i!I PELOTON IWIWI LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 1 OF 2 LEGEND V/A tbs i i i EXHIBIT B - PAVING 29' B—B / 50' ROW 20.5' B—B / HALF 60' ROW 43' B—B / 80' ROW 24.5' B—B / 80' ROW 28 B—B / HALF OF 130 ROW SIDEWALK BY DEVELOPER SIDEWALK BY HOMEBUILDER 0 NORTH GRAPHIC SCALE Al 100% TPW PARTICIPATION WEST FORK 300' e tl'1 PHASE 1 oANs OWNER / DEVELOPER' PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 i Off ENGINEER' I f PELOTON F..s OMLAND SO UTIOHS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET2OF2 0 LEGEND PROPOSED STORM DRAIN EXIST STORM DRAIN ALL STORM DRAIN LINES ARE 21" UNLESS OTHERWISE NOTED 111 11 ii i• 11 • • • • • es • • • • • • 1 1 1 1 i FUTURE • i • i • i • • • i • • • • i • i • • • • ao L t EXHIBIT B1-STORM DRAINAGE NORTH 300' GRAPHIC SCALE WEST FORK !!??-CYI- PHASE 1 FPNEr PgE rm OWNER / DEVELOPER• PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 1 i I L ENGINEEI R: li!�I P E LOTO N • • • • WI LAND SOLUTION! 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 2 OF 2- -; • • • • • NM, MI 1MS LEGEND P ROPOSED S TORM DRAIN EXIST STORM DRAIN N OTE: ALL STORM DRAIN LINES ARE 21" U NLESS OTHERWISE NOTED' r." Lij 1 exPki 65(5' iRCB dike R 7'x5' kCB 5ai Ik-CB-1' L - - -/ .... BERN =S E : ••4. 1 J w ANE . L 1_J _L-1 L 1 • od _-J 1 t- - -' B=RREND • • MORN i I E aT J J • tp 1 L_ .E . \ \ •� •, \ • L. i C ! I • ism ,/,/ �. O BOULEV 0 EXHIBIT B1 - STORM DRAINAGb NORTH O , ,300 GRAPHIC SCALE WEST /� FORK c .4 KOeneie•' PHASE 1 _ _I_ I__ w__ I OWNER / DEVELOPER PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 1 L r L 1 L r •.®.. 1,1 10110001 Mr. 111111 III II I I.. II11 IIII 1111. ENGINEER: li!�I P E LOTO N EX 8'X5' 11111 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 1 OF 2 LEGEND • PROPOSED STREET LIGHT 0 EXIST STREET LIGHT 0 • • • \ \ //\\ 1/ i / ii J 41 O, \, \ `) \\_ L_1_111Li 1 1 L EXHIBIT C - STREET LIGHTS; NORTH 300' GRAPHIC SCALE WEST FORK ... €1 n . PHASE 1 AV •- 900 _GE Bf 1 I .s ' • _S, �Y P 111 CIO S ACE D BEt ZENPA_ I I 1 i j MOEN - a I IEPO i - - J WAY ;ON r ODUZTJ' .-11 II II ,CY -4 =MI anal MINIM J LEVA OWNER / DEVELOPER PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 � i llu ENGINEER w sl! P E LOTO N 11III LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE• 817-562-3350 SHEET 1OF2 0 L WHITE FEATHE LASATER ADDITION PHASE I SECTION 4 Jew J-J J __ 1k EXHIBIT C - STREET LIGHTS Lt NORTH 300' GRAPHIC SCALE FUTUR EXIST STREET LIGHT LEGEND TO BE REMOVED PROPOSED AND RE —INSTALLED ® STREET LIGHT WEST FORK mei PHASE 1 0 EXIST STREET LIGHT OWNER / DEVELOPER' PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 / 1 1 I ENGINEER' !=11 P E LOTO N MOLAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 2 OF 2 LEGEND ® PROPOSED STREET SIGN kk.4PC! I BEIRN E E L N •0 \ \\ EXHIBIT CZ - STREET SIGN 1 1 1 1 00001 f I S _S, uR: 1 I 1 1 I I I 1 j P .I 1 � AH Ala CIE IsANGONI • • B �Y P BE REf\ CO • • U ID 'OO J / ACE DA L a ICC I0 IC Iz 1.1.1 IrY pQ Iw ,m 1 I rEF1 DRIVE _s WAY eo P PovaMENS GENE • ‘...0 °CK 36 0 IIL —J 4 0 z 0 5 —J !EMI I WIMP • i BOULEVARD it n t -r II I 0 NORTH 300' MIME GRAPHIC SCALE WEST FORK .-11l17IG'#1 PHASE1 OWNER / DEVELOPER PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 II 11 ENGINEER' o ow Q >a m tu w JrPE LOTO N 11111 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 SHEET 1 OF 2 LEGEND PROPOSED STREET SIGN >f 3 1 1 1 1 1 i EXHIBIT C1- STREET SIGNS x 0 NORTH 300' GRAPHIC SCALE W IH; S T FORK ORK PHASE 1 OWNER / DEVELOPER° PULTE HOMES 1234 LAKESHORE DRIVE SUITE 750A COPPELL, TEXAS 75019 PHONE: 972-304-2800 FAX: 972-304-2801 -11 1 ENGINEER• €11 PELOTON 1111 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE 817-562-3350 SHEET2OF2 BUSINESS ORGANIZATIONS INQT nRY -VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE HOPE ANDRADE UCC Business Organizations Trademarks I Notary I Account I Help/Fees I Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: Entity Type: Domestic Limited Partnership (LP) Original Date of Filing: August 12, 1997 Entity Status: In existence Formation Date: N/A Tax ID: 17527201275 FEIN: Duration: Perpetual Name: Address: 10034910 PULTE HOMES OF TEXAS, L.P. 1234 Lakeshore Dr Ste 750A Coppell, TX 75019 USA REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ASSOCIATED ENTITIES Last Update Name December 16, 2009 Pulte Nevada I LLC Title General Partner Address 1234 Lakeshore Dr # 750A Coppell, TX 75019 USA Order Instructions: Return to Search j To place an order for additional information about a filing press the 'Order' button. https://direct.sos. state.tx.us/core_inquiry/core_inquiry-entity. asp?spage=mgmt&: Spagefrom=&: Sfiling_nu... 03/10/2011 BUSINESS ORGANIZATIONS 1NQinRY - VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE HOPE ANDRADE UCC I Business Organizations I Trademarks I Notary Account I Help/Fees I Briefcase I Logout BUSINESS ORGANIZATIONS INQUIRY -VIEW ENTITY Filing Number: Original Date of Filing: February 7, 2007 Formation Date: N/A Tax ID: 32025984660 Name: Address: Fictitious Name: Jurisdiction: Foreign Formation Date: 800769999 Entity Type: Entity Status: FEIN: Pulte Nevada I LLC 1021 MAIN ST HOUSTON, TX 770026502 USA N/A DE, USA April 6, 2005 Foreign Limited Liability Company (LLC) In existence REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ASSOCIATED ENTITIES Last Update Name February 7, 2007 Harmon D Smith February 7, 2007 Vincent J Frees February 7, 2007 Gregory M Nelson Title Manager Manager Manager Address 1234 Lakeshore Dr Ste 750A Coppell, TX 75019 USA 100 Bloomfield Hills Pkwy Ste 300 Bloomfield Hills, MI 48304-2950 USA 100 Bloomfield Hills Pkwy Ste 300 Bloomfield Hills, MI 48304-2950 USA Order t Return to Search Instructions: To place an order for additional information about a filing press the 'Order' button. https://direct.sos.state.tx.us/corp inquiry/corp jnquiry-entity.asp?spage=mgmt&: Spagefrom=&: Sfiling_nu... 03/10/2011 Pulte CLINT VINCENT Vice President of Land Development Dallas Market 1234 Lakeshore Dr., Suite 750A Coppell, Texas 75019 direct fax (972)462-3409 (972) 304-2801 clint.vincent@pultegroup.com Pulte CLINT VINCENT Vice President of Land Development Dallas Market 1234 Lakeshore Dr., Suite 750A Coppell, Texas 75019 direct fax (972) 462-3409 (972) 304-2831 clint.vincent@pultegroup.com CERTIFIED RESOLUTIONS OF THE BOARD OF MANAGERS OF PULTE NEVADA I LLC J., .tan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of PULTE NEVADA. I Li C, a Company authorized and existing under the laws of the State of Michigan; that attached is a true copy of the resolutions adopted by the Board of Managers of the Company at a special meeting duly called and held on September 10, 2009, in accordance with the provisions of the Delaware Limited Liability Company Act; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Organization or Operating Agreement of said Company. III WTTNESS WHEREOF, I have here unto set my hand this 10th day of September, 2009. /lan M. Klym, Assi8:9 S IA PE OF MICH_IGAN ) COUNTY OF OAKLAND ) On September 10, 2009, before me, Donna Marie Matyanowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, ittwailL Don 7a Marie Matyanowski Notary Public Oakland County, Michigan My Commission Expires: 05/25/2013 PULTE NEVADA I LLC SIGNING POWER RESOLUTIONS A. DEFINITIONS. As used in these resolutions: "signing power" means the power and authority to execute and deliver an agreement, instrument or other document. "General Signing Power" means signing power relating to the ordinary course of business of PULTE NEVADA 1 LLC (the "Company') generally, without restriction to a particular Division or project, both in the Company's own capacity and as General Partner for Pulte Homes of texas, L.P., and in any instances where it is the managing partner or managing member of a joint veniuie (the 'Partnership"). "Division Specific Signing Power" means signing power relating only to the ordinary course of business of a Division over which the officer, manager, or employee in question Ins management responsibility, both in the Company's own capacity and as managing partner or managint, member of the Partnership, B. PURPOSE. The purpose of these resolutions is to establish the signing power of certain employees of the Company both in the Company's own capacity and as managing partner or managing member of the Partnership. Copies of these resolutions may be delivered to title companies and other parties who require evidence of the signing power of an employee. No employee of the Company may subdeiegate his or her signing power except as expressly provided in these resolutions by use of the words: ` Other titie(s) or person(s) designated in writing by ..". C. RESOLUTIONS. RESOLVED, that the following officers, managers, or employees of the Compan} shall have the General Signing Power or the Division Specific Signing Power, as indicated in the charts below: Development of Real Property General Development. Applications, tentative and final subdivision plats and maps, development agi cements, land development agreements, amenity contractor agreements and all othei documents that are relevant or incident to the development of real property in which the Company or the Partnership has any interest, other than documents contemplated in part VI below: General Signing Power ` Division Specific Signing Power j Chairman of the Board "' Area President Chief Executive Officer Area VP Finance I i— President Area VP Land i Executive Vice President President . Division President VP/Director VP/Director Finance of Land i Senior ~Vice Vice Division President Division Development/Acquisition House Construction Agreements. Contractor agreements, construction agreements, contracts, purchase orders, pricing schedules, scopes of work and all other documents that are relevant or incident to the construction of residential homes and a ramifies thereto in which the Company of the -Partnership has any interest, othei than documents contemplated in the paragraph immediately above this one: General Signing Power Chairman of the Board Chief Executive Officer President Executive Vice President Senior Vice President Vice President rai Division Specific Signing Power Area President Area VP Finance Area VP Construction Operations Area Purchasing Director Division President Division VP/Director Finance Division VP/Director of Construction Operations . Division Purchasing Director/Manager Page 2of7 Storm Water Management If. Notices of intent, notices of termination, storm water pollution prevention plans, reports, certifications of other documentation that is relevant or incident to storm water management and erosion control in the development of real property and/or construction of hornes in which the Company or the Partnership has any interest. General Chairman Signing of the Power Board Area Division _Si President Specific ninrlower Chief Executive Officer ; Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President ` Division VP/Director Finance Vice President _ ' Division Development/Aoauisition VP/Director Storm Water of Compliance Land F Division Representative i, F _ Sale and Closing of Residential Homes or Lots II1. Contracts for the sale of residential homes or lots to consumers (not to another business), General Signing Power ° a Division�j)G'Clf1C Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Division President Executive Vice President Division VP/Director Finance Senior Vice President Division Controller Vice President Division VP of Sales a: General Sales Manager ilt. Closing/I-Iomebuyer Coordinator z ' ' t - y '.-: Any either Mortgage Pi Assistant esldent, of Pulte the Secretary Company Branch following Mortgage Manager employees LLC: LLC or Vice and C"1 of X im dE ,,_ xz _ Page 3 of 7 Any of the following employees of either Sun City Title Agency, Inc, or PIIC Title Corporation: Vice President, Escrosti Manager, Escrow Supervisor, Director -Closing Services, and Title Officer Other title(s) or person(s) designated in wi iting by either the Area President or Area VP Finance TV. Deeds of conveyance and all other documents that are relevant or incident to the sale and closing of residential homes or lots to consumers (not to anothei business), including any mortgage -related documents, such as buydown agreements or other relevant documents. General Signing Power Division Specific SigningPowe Chairman of the I3oard Area President Chief Executive Officer Area VP Finance President Division President Executive Vice President Division VP/Director Finance Senior Vice President Division Controller Vice President Division VP of Sales .= General Sales Manager Y Closing/Homebuyer Coordinator Z „ c; Y 4 4 ., z X'. Any either Mortgage President of Pulte the Company, and following Mortgage LLC: employees Manager LLC or Vice CTX of "� a Y l , Branch % - ,- a ',TJ , 4,rim � .. �� _ ° e , Any either or President, Supervisor Services, PI -IC of the Sun Title and Escrow following City Director Corpoi Title Title Manager, Officer ation: -Closing employees Agency, Vice of Escrow Inc. a::. . t=� ,,. designated Other Area title(s) or in wilting or person(s) Area by either VP Finance the . D President -+- '- Page 4of7 Closing of the Purchase and Sale of Real Property V. Contracts, deeds and all other closing documents for the purchase or sale of real property (other than the sale and closing of residential homes of lots to consumers). General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior and Vice General President Counsel Division VP/Director of Finance Other peison(s) writing of the title(s) Board by designated resolution(s) or of Directors in Division Development/Acquisition VP of Land Real Property Financing and Land Banking Transactions VI. Documents related to any of the following real property financings and land banking transactions: Traditional Financing. Loan agreements, security agreements, promissory notes, deeds of trust and all other documents that are relevant or incident to the. financing of the purchase and/or development of real property, b. Special Taxing District Financing. Loan agreements, security agreements, promissory notes, deeds of trust and all other documents under which the Company or the Partnership is a party that are relevant or incident to a Special Taxing District Financing (defined below), other than documents contemplated in Guarantees and lnviionmental indemnities "Special Taxing District. Financing" means a financing through the issuance of bonds by a community development district, community Facilities district, municipal utility district, county or municipal improvement district, tax incremental district or other similar special purpose unit of local government. Guarantees and Environmental Indemnities. Guarantees of payment or performance of the obligations of another entity (whether in the form of a payment guaranty, indemnity or other document), maintenance or remargining guarantees and environmental indemnities in connection with development financing. Page 5 of 7 Land Banking Transactions. Assignments of contracts to purchase real property, options to purchase real property, development agreements and other documents evidencing arrangements with an intermediary, such as a land banker, to purchase or develop real property. General Signing Power Chief Financial Officer of the publicly traded ultimate parent Treasurer of the publicly traded ultimate parent Licenses Division Specific Signing Power VIT. Documents necessary to obtain licenses and department of real estate public reports or similar documents in California and other states (such as, without limitation, Arizona and Nevada). General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President Division VP/Director of Finance Vice President Division VP/Director Sales =` Division Operations VP of Construction t , - Area Acquisition/Development VP/Di\ ision VP/Director Land Page 6 of 7 CC&Rs VIII. Restrictive covenants, conditions, restrictions, easements and other similar rights or restrictions, commonly known as CC&Rs, affecting real property or improvements on real property, and documents relating to CC&Rs, such as the organizational documents for the related homeowners' or property owners' association. General Signing Power Division Specific Signing Power Chairman of the Board Area President Chief Executive Officer Area VP Finance President Area VP Land Executive Vice President Division President Senior Vice President Division VP/Director Finance Vice President Division Acquisition/Development VP/Director Land RESOLVED FURTHER, that all lawful acts specifically described in the immediately preceding resolution undertaken pi for to the adoption of these i esolutions, in the Company's own capacity or as managing partner or managing member of the Partnership, are hereby ratified, confirmed and adopted by the Company. RESOLVED FURTHER, that any Signing Power Resolutions or Powers of Attorney and Grants of Agenc} previously issued or adopted by the Company are hereby terminated, revoked and superseded in their entirety by these resolutions. Effective as of September 10, 2009. Page 7of7