HomeMy WebLinkAboutContract 43080 (2)CITY SECRETARY
COWTFIACT NO. Lk e'SO .
cor` L4 iit��► s N AGREEMIENT
This Completion Agreement ("Agreement"), is made and entered
into by and between the City of Fort Worth, ("City") and Walsh
Ranches Limited Partnership authorized to do business in Texas,
("Owner") effective as of the last date executed by a Party hereto. The
City and the Owner may collectively be called the "Parties".
�l NESSEYH:
WHEREAS, the Owner owns that certain tract of real property
that contains approximately 93.2 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 Owner intends to develop the Property as an
addition to the City through plat FP-01 1-015 as approved by the City
on or before the date of this Agreement (`Plat"); and
WHEREAS, the Owner and the City have entered into a
Community Facilities Agreement (CFA # ; M&C
relating to the development Walsh Ranch -Walsh Ranch Parkway for
Pavia q Drainage. Lighting Improvements and signs.
WHH;REAS, the City has required certain assurances that the
Owner 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.
N (O ; J9 THEREFORE, for and in consideration of the mutual
covenants and agreements hereinafter set forth, it is hereby agreed by
and between City and Owner as follows:
1. Recitals. The foregoing recitals are true, correct and complete
12!0< i
and constitute the basis for this Agreenle ltF ffiatily
incorporated into this Agreement for all purposes. L}_
11 U \'_it+PI [1 -1,1 i(1.,,,
04-02-12 PQ3:57 IN
2. The Completion Amount The City and the Owner 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 Ten Million, One Hundred Thirty Six Thousand, Six Hundred
Twenty Eight Dollars and Thirty Cents ($10,136,628.30),
hereinafter called the "Completion Amount". Notwithstanding
the foregoing, it is acknowledged that the actual costs of
completion of the Community Facilities may vary as a result of
change orders agreed to by the Parties, but such variances for the
purposes of this Agreement shall not affect the Completion
Amount as used herein. City hereby waives the requirement for
owner to deposit a financial guarantee of 100% of the Hard Costs
under the CFA Policy.
3. Completion by the Owner. The Owner 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 Owner'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.
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 2 of 2
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 Owner 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 Owner's
obligations under the CFA are completed.
7. Construction Contracts. Owner 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 Owner
release the City from any claim that is related to the Property;
and
D. A requirement that each contractor contracting with the Owner
include in each subcontract the statements contained in (a), (b)
and (c) above.
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 3 of 3
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:
OlG.
City of Fort Worth
Planning & Development Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: CFA Division
David Schroeder, Development Manager
,snail: David.Schroeder(c�fortworthtexas.gov
Confirmation Number: 817-392=2239
Attention: CFA Division
Jana Knight, Administrative Assistant
Email: Jana.Knight@fortworthtexas.gov
Confirmation Number: 817=392=2025
With a copy thereof addressed and delivered as follows:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Douglas W. Black
Assistant City Attorney
Telecopy Number: 817-39208359
Confirmation Number: 817= 3 92m7600
COMPLETION AGREEMENT
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Revised January 2012
Page 4 of 4
(ii) Notice to the Owner shall be addressed and delivered
as follows:
Walsh Ranches Limited Partnership
500 W 7th Street Suite 1007
Fort Worth Texas 76102
Attention: G Malcolm Louden, President
A party may change its address for notice upon prior written
notice to the other parties pursuant to the terms hereof.
C. Texas Law to Apply. This Agreement shall be construed under
and in accordance with the laws of the State of Texas.
D. Parties Bound This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective legal
representatives, successors and assigns.
E Legal Construction. In case any one or more of the provisions
contained in this Agreement shall for any reason is held to be
invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any
other provision of this Agreement, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable
provision had never been contained in this Agreement.
F. Prior Agreements Superseded. This Agreement constitutes the
sole and only agreement of the Parties with respect to the
subject matter hereof and supersedes any prior understandings
or written or oral agreements among the Parties concerning the
subject matter hereof.
G. Amendment. This Agreement may only be amended by a
written instrument executed by all of the Parties to this
Agreement.
H. Headings. The headings that are used in this Agreement are
used for reference and convenience purposes only and do pot
constitute substantive matters to be considered in construing
the terms and provisions of this Agreement
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 5 of 5
Executed IN QUADRUPLET by the Parties hereto:
OWNER:
Walsh Ranches Limited Partnership
By: Walsh North Star Company,
a Texas corporation, General Partner
Name G Malcolm L . u! - n
Title: President
Date: InAairk 501 2,0 (�
-\,'�'_• E � AS TO FORM:
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Do .: as W. Black
Assistant City Attorney
AT'�S 11;0
AA /6� y er
City Sec efary
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Date:
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COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 6 of 6
CITY OF FORT WORTH:
7SntanolS Calassam
Fernando Costa
Assistant City Manager
Date:__//_
OFFICIAL RECUR
CITY SECRETA'`N
[moo TN7 TN
St
EXHIBIT A -
EXHIBIT B -
COMPLETION AGREEMENT
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Revised January 2012
Page 7 of 7
LIST OF EXHIBITS
LEGAL DESCRIPTION
APPROVED BUDGET
EXHIBIT A
LEGAL DESCRIPTION
Being a 93 178 acre tract of land situated in the Houston Tap & Brazoria RR Co Survey,
Abstract Number 654, the International & Great Northern RR Co Survey Abstract
Number 2004, the Heirs of C.H. Higbee Survey, Abstract Number 2740, and the M.0
Moulton Survey, Abstract Number 934, Parker County, being part of Tract A described
in the deed recorded in Volume 2072, Page 983, Deed Records, Parker County, Texas,
also being part of the tract of land described in the deed to Walsh Ranches Limited
Partnership, recorded in Volume 1699, Page 1765, Deed Records, Parker County, Texas,
said 93.178 acre tract of land being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with a yellow plastic cap stamped "DUNAWAY
ASSOC. LP ' set at the intersection of the northerly right-of-way line of Interstate
Highway 30 (a variable width right-of-way) and the Tarrant County and Parker County
line*
THENCE with the northerly right-of-way line of Interstate Highway 30 the following
courses and distances:
South 89°34'23" West a distance of 384.74 feet to a 5/8 inch iron rod with
a yellow plastic cap stamped "DUNAWAY ASSOC LP" set;
North 61°50'37" West a distance of 67.00 feet to a 5/8 inch iron rod with
a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
North 88°21'37" West a distance of 198.31 feet to a Texas Department of'
Transportation monument found;
South 68°32'23" West a distance of 54.63 feet to a Texas Department of
Transportation monument found;
North 87°42'45" West a distance of 1100.00 feet to a Texas Department
of Transportation monument found;
North 63°57'37" West a distance of 54.63 feet to a Texas Department of
Transportation monument found;
North 87°10'37" West a distance of 148.10 feet;
South 70°28'23" West a distance of 53.84 feet to a Texas Department of
Transportation monument found;
North 84°10'52" West a distance of 71.36 feet to a Texas Department of
Transportation monument found;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 8 of 8
North 83°27'51" West a distance of 200.00 feet to a Texas Department of
Transportation monument found for the beginning of a non -tangent curve
to the left having a radius of 1947.86 feet, a central angle of 4° 17'47" and
a chord bearing and distance of North 85°36'17" West 146.03 feet;
With said non -tangent curve to the left an arc distance of 146.07 feet to the
end of curve;
THENCE departing the northerly right-of-way line of Interstate Highway 30, North
02°13'26" East a distance of 121.47 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "DUNAWAY ASSOC LP" set for the POINT OF BEGINNING
THENCE West a distance of 175.00 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "DUNAWAY ASSOC. LP" set;
THENCE North a distance of 106.00 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a tangent curve to
the right having a radius of 612.00 feet, a central angle of 01 °59'46", and a chord bearing
and distance of North 00°59'53" East 21.32 feet
THENCE with said tangent curve to the right an arc distance of 21.32 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC LP' set for the point
of reverse curvature of a curve to the left having a radius of 988.00, a central angle of
17°51'20", and a chord bearing and distance of North 06°55'54" West 306.65 feet;
THENCE with said reverse curve to the left an arc distance of 307.90 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of tangency;
THENCE North 15°51'34" West a distance of 93.20 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
curve to the right having a radius of 1083.50, a central angle of 14°15'22", and a chord
bearing and distance of North 08°43 53" West 268.90 feet;
THENCE with said curve to the right an arc distance of 269 59 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of reverse
curvature of a curve to the left having a radius of 238.00, a central angle of 65°41'31",
and a chord bearing and distance of North 34°26'58" West 258.17 feet;
THENCE with said reverse curve to the left an arc distance of 272.88 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped 'DUNAWAY ASSOC. LP" set for the end of
curve;
THENCE North 79°03'38" West a distance of 58.53 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 9 of 9
THENCE North 10°56'22" East a distance of 122.00 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE South 79°03'38" East a distance of 70.31 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
non -tangent curve to the left having a radius of 138.00, a central angle of 90°27'45", and
a chord bearing and distance of North 40° 14' 16" East 195.95 feet;
THENCE with said non -tangent curve to the left an arc distance of 217.88 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP' set for the
point of compound curvature of a curve to the left having a radius of 1004.50 feet, a
central angle of 08°27'45 ', and a chord bearing and distance of North 09°13'29" West
148.23 feet,
THENCE with said compound curve to the left an arc distance of 148.36 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the
point of reverse curvature of a curve to the right having a radius of 612.00 a central angle
of 0l °29'47", and a chord bearing and distance of North 12°42'28" West 15.98 feet;
THENCE with said reverse curve to the right an arc distance of 15.98 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 988.00, a central angle of
17°59'08", and a chord bearing and distance of North 20°57'08" West 308.87 feet;
THENCE with said reverse curve to the left an arc distance of 310.14 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the right having a radius of 1083.50, a central angle of
28°36'02", and a chord bearing and distance of North 15°38'42" West 535.26 feet;
THENCE with said reverse curve to the right an arc distance of 540 85 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of tangency;
THENCE North 01°20'41" West a distance of 133 67 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP ' set for the point of curvature of a
curve to the left having a radius of 1016.50, a central angle of 15°47'29", and a chord
bearing and distance of North 09° 14' 25" West 279 27 feet;
THENCE with said curve to the left an arc distance of 280 16 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the poin4 of
compound curvature of a curve to the left having a radius of 989.60, a central angle of
04°30'39", and a chord bearing and distance of North 19°22'32" West 77.89 feet;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 10 of 10
THENCE with said compound curve to the left an arc distance of 77.91 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped ` DUNAWAY ASSOC LP' set for the end of
curve;
THENCE North 21°37'58" West a distance of 116 87 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP' set for the point of curvature of a
curve to the right having a radius of 1012.00, a central angle of 06°01' 18", and a chord
bearing and distance of North 18°37' 19" West 106.31 feet;
THENCE with said curve to the right an arc distance of 106.36 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of
compound curvature of a curve to the right having a radius of 1095.50, a central angle of
17°13'58' , and a chord bearing and distance of North 06°59'41 ' West 328.25 feet;
THENCE with said compound curve to the right an arc distance of 329.49 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP set for the
point of tangency;
THENCE North O1 °37' 18" East a distance of 59.40 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP' set for the point of curvature of a
curve to the left having a radius of 85.00 feet a central angle of 94°01' 15", and a chord
bearing and distance of North 45°23'20" West 124.35 feet;
THENCE with said curve to the left an arc distance of 139.48 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of
tangency;
THENCE South 87°36'03" West a distance of 15.09 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE North 02°23'57" West a distance of 140.41 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set
THENCE North 87°36'03" East a distance of 13.60 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the point of curvature of a
curve to the left having a radius of 110.00 feet; a central angle of 85°58'45", and a chord
bearing and distance of North 44°36'40" East 150.01 feet;
THENCE with said curve to the left an arc distance of 165.07 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of
tangency;
THENCE North O1 °37' 18 ' East a distance of 141.88 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
curve to the right having a radius of 612 00 feet, a central angle of' 04°23'39", and a
chord bearing and distance of North 03°49'07" East 46.92 feet;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 11 of 11
THENCE with said curve to the right an arc distance of 46.94 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC LP set for the point of reverse
curvature of a curve to the left having a radius of 988.00 feet, a central angle of
08°10' 18", and a chord bearing and distance North O1°18'56" West 140.79 feet;
THENCE with said reverse curve to the left an arc distance of 140.91 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the point
of compound curvature of a curve to the left having a radius of 1018.00 feet, a central
angle of 03°21'56", and a chord bearing and distance of North 10°40'28' West 59.79
feet;
THENCE with said compound curve to the left an arc distance of 59.80 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped ` DUNAWAY ASSOC LP" set for the end of
curve;
THENCE North 65°20'07" West a distance of 199.81 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set
THENCE North 24°04'08" West a distance of 651 54 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
curve to the right having a radius of 100.00 feet, a central angle of 35°28'59', and a
chord bearing and distance of North 06° 19' 3 8" West 60.94 feet;
THENCE with said curve to the right an arc distance of 61.93 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of reverse
curvature of a curve to the left having a radius of 200.00 feet, a central angle of
24°05'05", and a chord bearing and distance of North 00°37'41" West 83.45 feet;
THENCE with said reverse curve to the left an arc distance of 84.07 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped ` DUNAWAY ASSOC. LP' set for the point
of reverse curvature of a curve to the right having a radius of 193.00 feet, a central angle
of 24°51'04", and a chord bearing and distance of North 00°14'42' West 83.06 feet;
THENCE with said reverse curve to the right an arc distance of 83.71 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 127.00 feet, a central angle of
43°22'47", and a chord bearing and distance of North 09°30 34" West 93.87 feet;
THENCE with said reverse curve to the left an arc distance of 96.15 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped ` DUNAWAY ASSOC LP' set for the point
of reverse curvature of a curve to the right having a radius of 453.00 feet, a central angle
of 38°38'54", and a chord bearing and distance of North 11°52 31" West 299.81 feet;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 12 of 12
THENCE with said reverse curve to the right an arc distance of 305.57 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 837.00 feet, a central angle of
20°46'55", and a chord bearing and distance of North 02°56'31" West 301.93 feet;
THENCE with said reverse curve to the left an arc distance of 303.59 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the right having a radius of 443.00 feet, a central angle
of 15°47'58", and a chord bearing and distance of North 05°26 00" West 121.77 feet;
THENCE with said reverse curve to the right an arc distance of 122.16 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 407.00 feet, a central angle of
34°47'54", and a chord bearing and distance of North 14°55'58" West 243.41 feet;
THENCE with said reverse curve to the left an arc distance of 247.19 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP' set for the point
of reverse curvature of a curve to the right having a radius of 603.00 feet, a central angle
of 32°28'53", and a chord bearing and distance of North 16°05'29" West 337.29 feet;
THENCE with said reverse curve to the right an arc distance of 341.84 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of tangency;
THENCE North 00°08'58' East a distance of 257.44 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
curve to the right having a radius of 783.00 feet a central angle of 19°59' 11", and a
chord bearing and distance of North 10'08'33" East 271.75 feet;
THENCE with said curve to the right an arc distance of 273.13 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the point of reverse
curvature of a curve to the left having a radius of 517.00 feet, a central angle of
18°34'00", and a chord bearing and distance of North 10°51'08" East 116.80 feet;
THENCE with said reverse curve to the left an arc distance of 167.53 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC LP' set for the point
of reverse curvature of a curve to the right having a radius of 193.00 feet, a central angle
of 44°10'32", and a chord bearing and distance of North 23°39 24" East 145.15 feet;
THENCE with said reverse curve to the right an arc distance of 148.81 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the
beginning of a non -tangent curve to the left having a radius of 1598.00 feet, a central
angle of 08°48'07", and a chord bearing and distance of North 02°46'35' East 245.25
feet;
COMPLETION AGREEMENT
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Revised January 2012
Page 13 of 13
THENCE with said non -tangent curve to the left an arc distance of 245.49 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the
point of tangency;
THENCE North 01°37'29" West a distance of 132 96 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
curve to the left having a radius of 3154.50 feet, a central angle of 00°41'44", and a chord
bearing and distance of North O1 °58 20" West 38.29 feet;
THENCE with said curve to the left an arc distance of 38 29 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the point of
curvature of a curve to the left having a radius of 1037.00 feet, a central angle of
02°09'38", and a chord bearing and distance of South 81°42'27" West 39.10 feet;
THENCE with said curve to the left an arc distance of 39.10 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the end of curve;
THENCE North 06° 10' 02" West a distance of 108.52 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE North 83°49'58" East a distance of 14.46 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE North 39°59'42" East a distance of 82.30 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped ` DUNAWAY ASSOC LP" set for the beginning of a non -
tangent curve to the left having a radius of 3182.50 feet, a central angle of 00°29'37", and
a chord bearing and distance of North 05°33 27" West 27.41 feet;
THENCE with said non -tangent curve to the left an arc distance of 27.41 feet to a 5/8
inch iron rod with a yellow plastic cap stamped 'DUNAWAY ASSOC LP" set for the
end of curve*
THENCE North 84°11'45' East a distance of 152.50 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped ` DUNAWAY ASSOC. LP" set for the beginning of a non -
tangent curve to the right having a radius of 3335.00 feet, a central angle of 03°47'41",
and a chord bearing and distance of South 03°54'25" East 220.83 feet;
THENCE with said non -tangent curve to the right an arc distance of 220.87 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the
beginning of a non -tangent curve to the right having a radius of 15.50 feet, a central angle
of 25°36'41 ", and a chord bearing and distance of South 14°36' 10" East 6.87 feet;
THENCE with said non -tangent curve to the right an arc distance of 6.93 feet to a 5/8
inch iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the
point of tangency;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 14 of 14
THENCE South O1°47'49" East a distance of 17.00 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature of a
curve to the right having a radius of 15.50 feet, a central angle of 25°45'03", and a chord
bearing and distance of South 11°04'42" West 6.91 feet;
THENCE with said curve to the right an arc distance of 6.97 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the end of curve;
THENCE South 01°37'29" East a distance of 1823.60 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of curvature pf a
curve to the left having a radius of 1017.50 feet, a central angle of 17°33'02", and a chord
bearing and distance of South 10°23'59" East 310.46 feet;
THENCE with said curve to the left an arc distance of 311.67 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the end of curve;
THENCE South 70°49'30" West a distance of 0.50 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the beginning of a non -
tangent curve to the left having a radius of 1018.00 feet, a central angle of 06°58'24", and
a chord bearing and distance of South 22°39'42" East 123.82 feet;
THENCE with said curve to the left an arc distance of 123.90 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point of
tangency;
THENCE South 26°08'54" East a distance of 331.47 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE North 63°51'06" East a distance of 115.61 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE South 73°20'50" East a distance of 36.77 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP' set;
THENCE South 28°20'50" East a distance of 703 92 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE South 16°39'10" West a distance of 135.76 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set,
THENCE South 28°26'20" East a distance of 116 36 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE South 26°08'54" East a distance of 379 60 feet to a 5/8 inch iron rod wit a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 15 of 15
THENCE South 71 °08' 54" East a distance of 64.62 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set;
THENCE South 26°08'54' East a distance of 247.14 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP' set for the beginning of a non -
tangent curve to the right having a radius of 127 00 feet, a central angle of 106°07'38",
and a chord bearing and distance of South 24°03'48" East 203.02 feet;
THENCE with said non -tangent curve to the right an arc distance of 235.24 feet to a 5/8
inch iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP ' set for the
point of reverse curvature of a curve to the left having a radius of 233.00 feet, a central
angle of 56°37'31", and a chord bearing and distance of South 00°41'16" West 221.02
feet
THENCE with said reverse curve to the left an arc distance of 230.27 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP' set for the point
of reverse curvature of a curve to the right havmg a radius of 307.00 feet, a central angle
of 60°52'48", and a chord bearing and distance of South 02°48'54" West 311.07 feet;
THENCE with said reverse curve to the right an arc distance of 326 20 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the point
of reverse curvature of a curve to the left having a radius of 268.00 feet, a central angle of
69°51' 02", and a chord bearing and distance of South O1 °40' 13" East 306.86 feet;
THENCE with said reverse curve to the left an arc distance of 326.72 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the right having a radius of 257.00 feet, a central angle
of 43°41' 19", and a chord bearing and distance of South 14°45'05' East 191.25 feet;
THENCE with said reverse curve to the right an arc distance of 195 96 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 273.00 feet, a central angle of
56°29'27", and a chord bearing and distance of South 21°09'09" East 258.39 feet;
THENCE with said reverse curve to the left an arc distance of 269.17 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC LP' set for the point
of reverse curvature of a curve to the right havmg a radius of 377.00 feet, a central angle
of 66°03'23", and a chord bearing and distance of South 16°22' 11" East 410.97 feet;
THENCE with said reverse curve to the right an arc distance of 434 64 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 253.00 feet, a central angle of
81°13'26", and a chord bearing and distance of South 23°57'13" East 329.37 feet;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 16 of 16
THENCE with said reverse curve to the left an arc distance of 358,66 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC LP" set for the point
of reverse curvature of a curve to the right having a radius of 257.00 feet, a central angle
of 64°38' 14", and a chord bearing and distance of South 32°14'49' East 274.80 feet;
THENCE with said reverse curve to the right an arc distance of 289.93 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 193.00 feet, a central angle of
21 ° 16' 50", and a chord bearing and distance of South 10°34 06" East 71.27 feet;
THENCE with said reverse curve to the left an arc distance of 71.68 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP' set for the point
of reverse curvature of a curve to the right having a radius of 107.00 feet a central angle
of 66°15'56", and a chord bearing and distance of South 11°55 27" West 116.97 feet;
THENCE with said reverse curve to the right an arc distance of 123.75 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of tangency;
THENCE South 45°03'24" West a distance of 10.88 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the beginning of a non -
tangent curve to the left having a radius of 138.00 feet a central angle of 28°07' 19", and
a chord bearing and distance of South 61°29'46" East 67.06 feet
THENCE with said non -tangent curve to the left an arc distance of 67.73 feet to a 5/8
inch iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the
end of curve;
THENCE North 88°48'51" East a distance of 48.15 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE South O1°53'58" East a distance of 122.00 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the beginning of a non -
tangent curve to the right having a radius of 2055.00 feet, a central angle of 04°06'49",
and a chord bearing and distance of North 89°50'33" West 147.51 feet;
THENCE with said non -tangent curve to the right distance of 147.54 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP' set for the end of
curve;
THENCE South 48°03'01" West a distance of 28.56 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE South 03°36'26" West a distance of 13.81 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 17 of 17
THENCE North 86°23'34" West a distance of 87.00 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC LP" set;
THENCE North 03°36'26" East a distance of 2.38 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set;
THENCE North 40°27'49" West a distance of 28.74 feet to a 5/8 inch iron rod with a
yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the beginning of a non -
tangent curve to the right having a radius of 2067.00 feet, a central angle of 00°02'39",
and a chord bearing and distance of North 84° 14' 06" West 1.59 feet;
THENCE with said non -tangent curve to the right an arc distance of 1.59 feet to a 5/8
inch iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the
beginning of a non -tangent curve to the left having a radius of 119.00 feet, a central angle
of 22°22'37", and a chord bearing and distance of South 79°49 37" West 46.18 feet;
THENCE with said non -tangent curve to the left an arc distance of 46.48 feet to a 5/8
inch iron rod with a yellow plastic cap stamped 'DUNAWAY ASSOC. LP" set for the
point of reverse curvature of a curve to the right having a radius of 157.00 feet, a central
angle of 23°32'18", and a chord bearing and distance of South 80°24'28" West 64.05
feet;
THENCE with said reverse curve to the right an arc distance of 64.50 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 93.00 feet, a central angle of
78°12' 12", and a chord bearing and distance of South 53°04'31" West 117.31 feet;
THENCE with said reverse curve to the left an arc distance of 126.94 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped 'DUNAWAY ASSOC LP" set for the point
of reverse curvature of a curve to the right having a radius of 132.00 feet, a central angle
of 48°43'44", and a chord bearing and distance of South 38°20 17' West 108.91 feet;
THENCE with said reverse curve to the right an arc distance of 112.26 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 268.00 feet, a central angle of
84°38'01", and a chord bearing and distance of South 20°23'08" West 360.85 feet;
THENCE with said reverse curve to the left an arc distance of 395.87 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped `DUNAWAY ASSOC LP" set for the point
of reverse curvature of a curve to the right having a radius of 257.00 feet, a central angle
of 38°58' 12", and a chord bearing and distance of South 02°26'46" East 171.45 feet;
THENCE with said reverse curve to the right an arc distance of 174 80 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC. LP" set for the point
of reverse curvature of a curve to the left having a radius of 168.00 feet, a central angle of
47°18'47", and a chord bearing and distance of South 06°37 04" East 134.81 feet;
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 18 of 18
THENCE with said reverse curve to the left an arc distance of 138.73 feet to a 5/8 inch
iron rod with a yellow plastic cap stamped "DUNAWAY ASSOC LP" set for the point
of i everse curvature of a curve to the right having a radius of 106.00 feet, a central angle
of 14°17'17", and a chord bearing and distance of South 23°07'49" East 26.37 feet
THENCE with said reverse curve to the right an arc distance of 26.43 feet to the POINT
OF BEGINNING.
Containing a computed area of 4,058,831 square feet or 93.178 acres of land.
Basis of bearings is the Texas Coordinate System of 1983 based on GPS observations
using both Trimble and Leica Real Time Networks.
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 19 of 19
EXHIBIT B
COST LIST
Section I
Water
Sewer
$0.00
$0.00
Sub -total $0.00
Section II
Interior Streets
Bridge Improvements
Stoim Drain
Sub -total
Section III
Street Lights
Sub -total
Section IV N/A
Street Signs
$5,311,724.30
$3,181,721.00
$ 591,828.00
$9,085,273.30
$1,051,355.00
$1,051,355.00
$0
TOTAL $10,136,628.30
COMPLETION AGREEMENT
SELF FUNDED
Revised January 2012
Page 9 of 9