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HomeMy WebLinkAboutContract 45435 (1.3TY s I )i ........................ CONTRACT NO, L O ETIO1 AGREEME T This Completion Agreement, ("Agreement"), is made and entered into ply and between the City of Fort Werth, ("City") and "first Texas Homes, Inc., authorized to do business in Texas, ("Developer"' effective as of the last date executed by a party hereto. The City and the Developer may collectively he called the "Parties"'. WHEREAS, the Developer owns that certain tract of real property that c of to ns approximately l 3.443 acre s 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 purposies, ("Property"); and WHEREAS, the Developer intends to develop the Property as are addition to the City through plat FP 013-060 as approved by the City on. or before the date of this Agreement "Plat"') and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement CFA # 2013-091 ; M&C N' A) relating to the deve�lolpment, presidia West Phase l� for P,av l Dral � na e Water Sewer and Lighting m r vements, ("Improvements")- and WHEREAS, the City has required certain assurances that the Developer will ea se 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 conditieins of such accommodations dations as are described abolve. NOW THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set fourth, it is hereby agreed by and between City and Developer per as fe'llews 1 . Recitals. The foregoing recitals are true, correct and complete and constitute the ha ,is for this Agreement and they are incorporated i nte this Agreement for all purpe see �� RECORD 0 OFFICIAL 2. the Co m-p 1e 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 Nine Hundred Thirty Three Thousand Fifteen Dollars & Fifty Five Cents 9 33O-15.5 5.), hereinafter called the "Coml etion, Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of ebange 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 1, 00% of the Hard Costs under the CFA Policy. 3. C,om,.. letion by the Deve 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, hereolf., 4. Satisfaction of the tyRequ The City agrees that the �irements. assurances and covenants contai,ned 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 Prope ty and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City herebly 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. COMPLE"I"JON AGREEMENT SELF FUNDED Revised, January 2012 Page 21 of 9 5. Tee mi nation., This Agreement shall terminate upon the arlier to occur of the following.: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the Parties. 6. "inal Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities, are completed and accepite!d by the City and all and Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt olf evidence from the Developer showing that all Hard Costs contractors have been plaid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonlable time file the final plat for the Property in the Plat Records of the county were the, Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees, to include in each Construction contract, that it enters into for the completion of the Community Facilities the follo vin,cr- 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 s,a may be subject to mechanic's and material man's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Pro erty; and l p I 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. COMPLETION AGREEMENT S E L F FUNDED Revised, January 2012 Page, 3 of 9 A. Non-Assi,gnment of Agreement. This Agreement rnay not be assigned by any of the Pa,rties without the prior writt n consent of all "the other Parties. B. "N ol t i c e. Any notice required or permitted to be delivered, under this Agreement shall be deemed received on actual receipt bly the appropriate party at the following addresses: (1) Notice to the City shall be a,ddreissed and delivered as, fo I 10 W s: City of Fort Worth Planning & Developndent Department 10010, Throckmortoin Street Fort Worth, Texas 76102 Attention.- CFA Divis,ilon David Schroleder, Development Manager Email,-. David.Sichroleder L4,fortworth Coinfirma,tion Number 392-2239 andor Attention. CFA Division Jana K,nigh,t, Administrative Assistant Emaik J any.KnightA fort worth Yov.oLg Confirmation Number 817-3192-2025 With a copy thereof addressed and delivered as follows -, City olf Foirt Worth 1000 Throckinorton Street Fort Worth, Texas 76102 Attention: Douglas W. Black As,s,istant City Attorney Telecopy Number.- 817'-3912,-8359 Confirmation Number.- 817­392-7600 COMPLETION AGREEMEN'T SELF FUNDED Revised January 2012 Page 4 of 1) (i 1) Notice to; the Developer shall be addressed and delivered as follows-, First Texas Homes, Inc. Attention: Keith Hardesty 500 Crescent Court, Suite 350 Dallas, Texas 752011 A party may change Its address for notice upon prior written notice to the o,ther parties pursuant to the terms hereof. C. Texas Law to Ap-plv. This Agreement shall be construed under and in acc rdance 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. Lle-gal 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 unenforc,eability 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 Ag,reement. F. Prior Agrecments Superseded. This Agreement constitutes the sole and only agreem nt 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. Heading. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matter's to be considered in construing the terms and provisions of this Agreement. COMPLETION AGREEMENT SELF FUNDED Rev sed January 2012 Page 5 of' 91 ExecUted IN QUADRUPLET by the Parties hereto-, DEVELOPER: '"** 'r6YA$KOM C I T Y 0 F F 0,R T W 0 R T H Nan-ie -15— Fernand,o Costa Title: D )? Ass s a City Manager Date: D ate: APPRO; ED: AS TO FORM,-. I Now ON"W�ow" Di o,u[VT'a,s, W. B I a,c ,Assistant City Atto ey A T_^ 00 0,X Mary er City Secretary M&C# Date: OFFICIAL RECORD wm� LFFIC, D 71 COMPLETION AGREEMENT CITY SECRETARY SE,LF FUNDED T V Revised January 2012 F'Tm WORTH,TX Page 6 of 9 LIST OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET COMPLETION' AGREFMENT SELF FUNDED Revised JanLlary 2012 Page 7 of 9 YFAH I BIT' A LEGAL DESCRIPTION COMPLETION AGREEMENT SELF FUNDED Revised, January 2,012 Page 8 of 9 EXHIBIT"A"' LEGAL DESCRIPTION BEING A 13.443 ACRE TRACT OF LAND SITUATED IN THE,JOSIA14 WALKER SURVEY, ABSTRACT NO. 1600,CITY OF FORT WORTH,TARRANTCOUNTY',TEXAS,AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO FIRST TEXAS HOMES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. D210260522,OFFICIAL PUBI'*'IC RECORDS,TARRANT COUNTY,TEXAS, SAID 13�.443 ACRETRACT WITH REFERENCE BEARING BEING THE RECORDED PLATOFTHE PRESIDIO WEST PHASE I ADDITION,AN ADDITION TO THE CIT ' OF FORT WORTH,AS RECORDED, IN CABINET A. S LID:E 11771,PLAT RECORDS,TA. NT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.- BEGINNING AT A 5/8"IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"'CARTER BURGESS"F, UN FOR THE EAST CORNER OF LOT 49,BLOCK I OF SAID PRESIDIO WEST,, PHASE I ADDITION, SAID POINT BEfNG ON THE NORTHWEST RIGHT-OF-WAY LINE,OF HERITAGE TRACE PARKWAY A 130 FOOT RIGHT-OF-WAY, AS RECORDED IN CAB INET A. SLIDE 11771,PLAT RECORDS, FARRANT COUNTY,TEXAS, THENCE,ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST,PHASE I ADDITION,THE FOLLOWING COURSES AND DISTANCES: NORTH 41 DEGREES 38 MINUTES 54 SECONDS WEST,A DISTANCE OF 111.43 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "'CARTER BURGESS" FOUND FOR CORNER, NORTH 52 DEGREES,25 MINUTES 27 SECONDS WEST,A DISTANCE OF 115.21 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP, STAMPED"CARTER,BURGESS11 FOUND FOR THE SOUTH CORNER OF THE PRESIDIO WEST,PHASE 11 ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,AS RECORDED IN COUNTY CLERK'S FILE NO. D2 I 2251 01251 PLAT RECORDS,TARRANT COUNTY FEXAS, FROM WHICH A 5/8" IRONROD WITH A YELLOW PLASTIC CAP STAMPED"CARTER BLTRGESS"FOUND BEARS NORTH 65 DEGREES 44 MINUTES 2,8 SECONDS WEST,A DISTANCE OF 110.00 FEET, THENCE,ALONG THE SOUTHEAST LINE OF SAID PRESIDIO WEST,PHASE II ADDITION,THE FOLLOWING COURSES AND DISTANCES- NORTH 24 DEGREES 15 MINUTES 32 SECONDS EAST, A DISTANCE OFI 83.69 FEET TO A 5 " IRON ROD WITH A YELLOW PLASTIC CAP STAMPED ""JACOB'S"" SET FOR CORNER; NORTH 37 DEGREES 09 MIS: TICS 47 SECONDS EAST,A DISTANCE OF 59.16 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS"' SET FOR A SOUTHEAST CORNER OF SAID PRESIDIO WEST,PHASE 11 ADDITION; THENCE, ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST,PHASE 11 ADDITIONJHE FOLLOWING COURSES AND DISTANCES- Page 1: ot'4 NORTH 58 DEGREES 27 MINU'I"'ES 08 SECONDS WEST,A DISTANCE OF 119.29 FEE"'I'TO A 5/8" 1RON ROD WITH A YELLOW PLASTIC CAP STAMPED "'JACOBS" SET FOR CORNER ON TIME SOUTHEASTRIGHT-OF-WAY LINE OF SALVIA DRIVE, A 601 FOOT RIGHT-OF-WAY, AS RECORDED IN COUNTY CLERK'S FILE NO. D212253025,PLAT RECORDS,TARR-ANT COUNTY,TEXAS, SAID PO' T ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01, DEGREES 20 MINUTES I I SECONDS, A RADIUS OF 470.00 FEET,AND A LONG CHORD THAT BEARS NORTH 33 DEGREES I I MINUTES 46 SECONDS EAST ADISTANCE OF 10 6 FEETI ALONG"I'TIE SOUTHEAST RI HOFWA GT- - Y LINE OF SAID SALVIA DRIVE, AND SAID NON NGNTC -TAEURVE r,1,0 r FHE RIGHT,AN ARC DISTANCE OF 101.96 FEET TO A 5/811 IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS"' SET FOR CORNER; I NORTH' 56 DEGREES 08 MINUTES 08 SECONDS WEST,DEPARTING1,HE SOUTHEAST RIGHT-OF-AY LINE OF SAID,SALVIA DRIVE, A DISTANCE OF 199.76 FEET TO A 5/811 IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER., NORTH 13 DEGREES 58 MINUTES 56 SECONDS WEST,A DISTANCE OF 45.26 FEET TO A 5/'8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 5 DEGREES 27 MINUTES 46 SECONDS WEST,A DISTANCE OF 1,15.30, FEET TO A 5/8"' IRONRODWITH A YELLOW PLASTIC CAP STAMPED IIIJACOBS"' SET FOR. CORNER, NORTH 32 DEGREES 24 MIN­UTESi 55 SECONDS WEST, A DISTANCE OF 601.21 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER-, NORTH 27 DEGREES 39 MINUTES 06 SECONDS,WEST.,A DISTANCE OF 41 .00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAPS'I"AMPED,"JACOBS" SET FOR CORNER ON THE SOUTHEAST LINE OF THE PRESIDI ES"f,PHASE III ADDITION, AN ADDITION TO THE CITY OF FORT WORTH .AS RECORDED IN COUNTY CLERK"S FILE NO.D213318'441,PLAT RECORDS,TARRANT COUNTY,TEXAS, SAME BEING THE SOUTHEAST RJGHT-OF-WAY LINE OF SENITA CACTUS STREET, A 50 FOOT RIGHT- OF-WAY, AS RECORDED IN COUNTY Cl,ER.K'S FILE 1,4 0. 13212253025.,AND IN D21331 8441,PLAT RECORDS,l TARRANTCOUN'"I"Y TEXAS11 THENCE,ALONG THE SOUTHEAST LINE OF SAID PRESIDIO WEST,PHASE III ADDITION,THE FOLLOWING COURSES ANT)DISTANCES- 'NORTH 62 DEGREES 2,10 MINUTES 54 SECONDS EAST,A DISTANCE OF 1100.00 FEET TO A 5/8"' IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE WEST END OF A CORNER CLIP AT THE INTERSEcTiON OF THE SOUTHEAST RIGHT-OF'-WAY LINE OF SAID SENITA CACTUS STREET,AND THE SOUTHWEST RIGHT-OF'-WAY LINE OF AMARANTH DRIVEI A 50,FOOT RIGHT-OF- WAY,AS RECORDED IN COUNTY CLERK'S FILE NO. D213318441 ,PLAT RECORDS, TEXAS,- TARRANT COUNTY, I SOUTH 72 DEGREES 39 MINUTES 06 SECONDS EAST,ALONG SAID CORNER CLIP,A DISTANCE OF 6.36 FEET TO A 5/8" IRON ROD'wirrH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER,- NORTH 62 DEGREES 201 MINUTES 54 SECONDS EAST,,OVER AND, ACROSS SAID AMARANTH DRIVE, A DISTANCE OF 55.50 FEET TO A 5/8" IRON ROD,WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE NORTHEAST RIGHT-OF-WAY LINE OF SAID AMARANT14 DRIVE; Page 2 olf 4 NORTH 27 DEGREES 39; MINUTES 06 SECONDS WEST,ALONG THE NORTHEAST RIG,HT-OF-WAY LINE OF SAID AMARANTH DR-IVE, A DISTANCE OF 21.56 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP ST AMPED"'JACOBS" SET FOR CORNER; NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,DEPARTING THE NORTHEAST RIGHT-OF'-WAY LINE OF SAID AMARANTH DRIVE,A DISTANCE OF I 10.00 FEET TO A 5/'8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED,"'JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID P'RESIDIO WEST,PHASE III ADDITION; THENCE,,OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT,THE FOLLOWING COURSES AND DISTANCES: SOUTH 27 DEGREES 39, MINUTES 06,SECONDS, EAST, A DISTANCE OF 431,0 FEET TO A 5/8" IRON ROD,WITH A.YELLOW PLASTIC CAP ST. PEI "JACOBS" SET FOR CORNER; NORTH 612 DEGREES 20,MINUTES 54 SECONDS EAST,A DISTANCE OF 100.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 17 DEGREES 20 MINUTES 54 SECONDS EAS"I".A DISTANCE OF 7.07 FEET TO,A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"JACOBS" SET FOR CORNER, NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 60.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"JA COBS" SET FOR CORNER; SOUTH 72 DEGREES 39 MINUTES 06 SECONDS EAST,A DISTANCE OF 7.07 FEET TO A 5/8," IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"'JACOBS" SET 14OR CORNER, NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 200.00 FEET TO A 5/8" IRON'RO,D WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SETFOR CORNER, NORTH 17 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 7.07 FEET TO A 5/8" IRON ROD,WITH A YEL LOW PLASTIC CAP STAMPED "JACOBS"' SET FOR CORNER; NORTH 62 DEGREES 20 MINU'I"'ES 54 SECONDS EAST, A DISTANCE OF 55.00,FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER-, SOUTH 27 DEGREES 39 MINUTES 05 SECONDS EASTI A DISTANCE 01F 16-88 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CO'RNER; NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST,A DISTANCE OF 110. FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 27 DEGREES 39 MIN_UTES 06 SECONDS EAST,A DISTANCE OF 180.00 FEET TO A 5/8"' IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET"FO CORNER; SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST,A DISTANCE OF 110.00 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "'JACOBS" SET FOR CORNER; Page 3 of 4 SOUTH 27 DEGREES 39,MINUTES 061 SECONDS EAST,A DISTANCE OF 65.95 FEET TO A 5/8"' IRON ROD WITH A EL LOW PLASTIC CAP STAMPED "JACOB S" SET FOR CORNER; SOUTH 74 DEGREES 43 MINUTES Oil SECONDS EAST,A DISTANCE CE OF 6.81 FEET TO A 5/8" IRON ROD,WITH A YELLOW PLASTIC CAP STAMPED, "JACOBS" SET FOR CORNER; SOUTH 27 DEGREES 39 MINUTES 06 SECONDS FAST,A DISTANCE OF 70.15 FEET TO A 5l8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNED.; SOUTH 15 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE TAI CE F 7.30 FEET TO A 5/81"IRON ROD WITH A YELLOW PLASTIC CAP STAMPED PED"JAC BS"' SET FOR CORNER.- SOUTH 27 DEGREES 39 MINUTES 06 SECONDS EAST,A DISTANCE OF 102.05 FEET TO A 5/8"' IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "'JACOBS" SET FOR CORNER ON THE SOUTHEAST DINE OF SAID FIRST TEXAS HOMES, INC. T"'RACT,AND THE COMMON NORTHWEST LINE OF'A 3 . 46 ACRE TRACT OF LAND CONVEYED TO CHARY C. MORCH WER.,MD,. PROFIT SHARING PLAN,BY DEED RECORDED IN C L T , CLERK'S:BILE NCB. D207051253,OFFI+CIAL,PUBLIC RECORDS,T"ARRA T COUNTY,,TEXAS,FROM WHICH A 5/8"IRON ROD WITH A YELLOW PLASTIC CAP, STAMPED"CARTER BURGESS"'FOUND BEARS NORTH 62 DEGREES 20 MINUTES 54 SECONDS FAST,A DISTANCE OF 120.55 FEET; THENCE, SOUTH 62 DEGREES 20 MINUTES 54 SECONDS NEST,ALONG SAID COMMON LINE, A DISTANCE OF 99.04 FEET TO A 5/ " IRON ROD WITH A YELLOW PLASTIC CAIN STAMPED "CARTER BURGESS" FOUND FOR AN INTERIOR ELL CORNER OF SAID FIRST TEXAS HOMES, INC.TRACT,AND THE,COMMON NORTHWEST CORNER OF SAID MORCHOWE .TRACT; THENCE,SOUTH 00 DECREES 43 1 MT'ES 38, SECONDS WEST,ALONG THE LAST"LINE OF SAID FIRST TEXAS HOMES,INC. TRACT,AND THE COMMON WEST LINE CAF SAID MO CHOWER.TRACT,A DISTANCE OF 46 .56 FEET"TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID FIRST TEXAS HOMES,INC.. TRACT,AND THE COMMON OUTHWEST CORNER OF SAID MORCH01W ER TRACT, SAID POINT BEING ON THE NORTHWEST RIGHT-OF-WAY LINE OF AFORESAID HERITAGE TRACE PARKWAY, SAID P01I 1T ALSO BEING THE BEGINNING OF A NON-TANGENT COVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14 DEGREE 5 MINUTES 47 SECONDS, A RADIUS OF 1265.00,FEET,AND A LONG CHORD THAT BEARS SOUTH H 612 DEGREES 41 MINUTES 46 SECONDS WEST A DISTANCE OF'3 17.75 FEE T� THENCE,ALONG THE SOUTHEAST LINE OF SAID FIRST TEXAS HOMES, INC. TRACT,, THE COMMON ON NORTHWEST"RIGHT-OF-WAY LINE OF SAID HERITAGE TRACE PARKWAY, AND ALONG SAID NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 3181.591 FEET TO THE POINT'OF BEGI NNING AND CONTAINING 13.443 ACRES OF LAND,MORE OR LESS. Page 4 of 4 EXHIBIT B COST LIST Sectio,n I Water $ 1401204.20 1 Sewer $12915' 101.40 Sub-total $2691 714.60 .Section 11 Interior St,reets, $328 00.9 5 Stornri Drains S_3010280.60 Sub-toltal $62911181.55 Section III Street Lights S 19.40 Sub-total $34,119.40 TOTAL $193310 15,55 COMPLETION ACiREEMEN'T SELFFUNDED R iced January 2012 P.1 g e 9 0 f 91 At TWHdi IS3M,01C1153Hc DC6100t 'ON 311 I V, air T Jain III vil W1 a 'i I'll 0 *12 2 e ri-)!,I i 1 4)�? AS is V is ,y CL I i 4, qg� J'A 0 z ;41 ice, ?v Y y W1 _j > At Zi a 10 v 1141 x.a 24: z S qua lit 1�1 Zoe q A IVI 0 li- z CD _,x 7 Aft' spa C4 sill 39 C4 tj Its ii1liz 44 It'i its z r Is T, 12 r ,00 ioil'! X , 4 TO *.ffCv !2 NI 4a 3"N I'L to. 4 404M. f-11�71 A,��,A I - :1,�Ns 6� ,*01 '7114 S t X wa T 4 _ 'i Ax All 41 4a n M,a go jo ao + vp Ai PTI, �v a§�y�� �ww�:a .qy��`" �y454w �up 4�'r,� Y�.+^," w�" �° �awu" �r a '1w����,t. ,l %�".. `, �A�A�r,„«^-. �"����M ,„�*-w"�,�d� �m✓ °.`�`r� Y"w4x" �.,www I 00 01 41 c5i,,e-410 in, I it 'It 619 ig, Pt v, wn w. % sw ri X7 41, elf� T" vif tV ■ w UJI Vp cz 0i AA OL A-1- kI LA Ci aw vm Li MUM" HEMP,