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The Preserve at Pecan Creek Section G Phase 2 Escrow Agreement DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 y F I (1 DENTON 401 N. ELM STREET■ DENTON, TEXAS■ 76201 ■ 940.349.8451 October 15, 2021 American Escrow Company 2626 Howell Street, loth Floor Dallas, TX, 75204 Attn: American Escrow Company Subject: Escrow Agreement for Sidewalk at Lakeview Boulevard in The Preserve at Pecan Creek, Section G, Phase 2 FP04-0056. Dear Carla D. Janousek, With regard to the above-mentioned agreement, please note Forestar(USA) Real Estate Group, Inc. has satisfactorily completed the relevant sidewalk improvements. The City hereby authorizes American Escrow Company to release the escrow funds. If you have any questions or need further assistance in this matter, please contact us at Candy.Whitaker@cityofdenton.com or(940)349-7716. Sincerely DocuSigned by: � H 5236DB296270423... 10/15/2021 Sara Hensley Interim City Manager OUR CORE VALUES Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 From: Plato, Robert W. Sent:Tuesday,August 3, 2021 11:57 AM To:Whitaker, Candy<Candy.Whitaker@cityofdenton.com>;Adam Michael McDaniel <Adam McDaniel @forestar.com>; Garcia, Christian A<Christian.Garcia@cityofdenton.com> Cc: Marohnic, Erica <Erica.Marohnic@cityofdenton.com>; Plato, Robert W. <Robert.Plato@cityofdenton.com> Subject: RE: Preserve at Pecan Creek Escrow Reimbursements Let's do it then. Cordially, Robert Plato Project Coordinator Public Works Inspections City of Denton Office: (940) 349-8908 1 Cell: (940) 268-8497 401 N. Elm St. Denton, TX 76201 From:Whitaker, Candy Sent:Tuesday,August 3, 2021 11:56 AM To: Plato, Robert W. <Robert.Plato@citvofdenton.com>;Adam Michael McDaniel <Adam McDaniel @forestar.com>; Garcia, Christian A<Christian.Garcia@cityofdenton.com> Cc: Marohnic, Erica <Erica.Marohnic@citvofdenton.com> Subject: RE: Preserve at Pecan Creek Escrow Reimbursements Robert, If all of the Escrow's being held for Pecan creek are ready for release then I can do just that sir. Regards, Candy Whitaker, CPT I Planning Technician II Department of Development Services I Planning Division Office: 940-349-7716 401 N. Elm St, Denton, Texas 76201 www.citVofdenton.com DENTON DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 From: Plato, Robert W. Sent:Tuesday,August 3, 2021 11:54 AM To:Adam Michael McDaniel <Adam McDaniel @forestar.com>; Garcia, Christian A <Christian.Garcia@cityofdenton.com> Cc: Marohnic, Erica <Erica.Marohnic@cityofdenton.com>; Whitaker, Candy <Candy.Whitaker@cityofdenton.com>; Plato, Robert W. <Robert.Plato@cityofdenton.com> Subject: RE: Preserve at Pecan Creek Escrow Reimbursements Adam, I see no reason the remainder of the Pecan Creek escrow could not be released, but I believe Candy may be better suited to answer that. Cordially, Robert Plato Project Coordinator Public Works Inspections City of Denton Office: (940) 349-8908 1 Cell: (940) 268-8497 401 N. Elm St. Denton, TX 76201 From:Adam Michael McDaniel <AdamMcDaniel@forestar.com> Sent:Tuesday,August 3, 2021 10:00 AM To: Plato, Robert W. <Robert.Plato@cityofdenton.com>; Garcia, Christian A <Christian.Garcia@cityofdenton.com> Cc: Marohnic, Erica <Erica.Marohnic@cityofdenton.com>; Whitaker, Candy <Candy.Whitaker@cityofdenton.com> Subject: RE: Preserve at Pecan Creek Escrow Reimbursements Great news.Thank you for looking into it. Are we good for releasing all of the other escrows, as well? Adam McDaniel Real Estate Analyst 2221 E.Lamar Blvd.Suite 790 FO R L STAR Arlington,Texas 76006 c:214.533.9429 Forestar.com DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 0 August 30,2012 Mr.Jim Jenks,PE Senior Engineer Water Utilities Department 901-A Texas Street Denton,Texas 76209 RE:Preserve at Pecan Creek,Section G,Phase 2,Sidewalk Escrow Agreement,Project No.FP04-0056 Dear Mr.Jenks: This letter confirms our intention to extend the time frame for completion of the sidewalks for the subject development to August 31,2015. It is our understanding you will forward this letter to the agent managing the Sidewalk Escrow Agreement for the above referenced development. We further understand the date outlined herein will supersede time obligations outlined in the enclosed original agreement. Please confirm the City's acceptance of this letter or let us know if there are any issues. Once accepted and signed,please return a copy for our files. Thank you for your assistance in this matter. Best Regards, J Cachet L.Petty L FORESTAR GROUP,INC. 14755 Preston Road I Suite 710 Dallas,TX 75254 (o)972.341.2939 1(f)972.702,8372 1(c)936.581.3163 cachetpetty0forestargroup.com(www.forestargroup.com Enclosure ACCEPT AND AGREED: By:City of Denton Representative DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 i Darrel W.Amen 4;?.WA W 1' 'P�R Vice President-Real Estate Services 1 O ES 1 DarrelAmeniaforestargroup.com Real Estate Group August 3, 2009 Mr. Jim Jenks, PE Senior Engineer Water Utilities department 901A Texas Street Denton, TX 76209 RE: Preserve at Pecan Creek, Section G, Phase 2 Sidewalk Escrow Agreement Project No. FP04-0056 Dear Mr. Jenks: Pursuant to your conversation with Jeff Miles at JBI Partners, this letter confirms our intention to extend the time frame for completion of the sidewalks for the subject development to August 31, 2012. It is our understanding you will forward this letter to the agent managing the Sidewalk Escrow Agreement for the above referenced development. We further understand the date outlined herein will supersede time obligations outlined in the enclosed original agreement. Please confirm the City's acceptance of this letter or let us know if there are any issues. Once accepted and signed, please return a copy for our files. Thank you for your assistance in this matter. Sincerely, � _ Darrel Amen DAlkn Enclosure ACCEPTED AND AGREED: Lam► �'R ' G . By: City of Denton Representative 14755 Preston Road,Suite 710/Dallas,TX 75254/T 972.702.8699 1 F 972,702.8372/vwuw torestargroup.com DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 a Effeciive October 13,zous _'PROJECT'NO. CONTRACT'TYPE STATE OF TEXAS S ESCROW AGREEMENT COUNTY OF DENTON ,S FOR POSTPONEMENT-OF INTERIOR SIDEWALK IMPROVEMENTS. - WITHIN A RESIDENTIAL SUBDIVSION forestar (USA) Real WHEREAS, -Estate_Group Inc. , hereafter referred to as"Owner`%,has. undertaken to develop•and/or-plat a residential.subdivsion within-the City of Denton,Texas, or- " its`extraterritorial jurisdiction; and' WHEREAS, Owner has,pursuant to the ordinances,of the City of+Denton;:Texas, hereafter referredAo as"city",.executed a develbpment•contract,(if applicable)•to-insure that any ` and.all streets,water and sewer lines, drainage facilities or other improvements.which are to be - '-'dedicated'to-the public for a residential subdivision, hereafter referred to as"Improvements", are constructed'and completed-in accordance.with.the specifications,.standards and ordinances of-the •City;.and _ WHEREAS, Owner wishes•to redeive•a Letter of Acceptance (if Applicable) for said property prior-to the completion-and approval of interior-sidewalks to ibe constructed in accordance with this development; and ` WHEREAS, in order to file a.plat or to receive a Letter-of Acceptance, Owner•may, in ; lieu of completing the interior sidewalks �escrow cash money with,a.bank or title:co`mpany as, • esdrow agent in-an amount sufficient to complete 25%•of the required interior sidewalk improvements. 'NOW,THEREFORE,Owner, City and American Escrow Company hereafter called _ "Escrow Agent", agree as follows: T. Amount. Owner, as a condition 4o receiving a Letter of Acceptance or filing . a-plat for property located at The Preserve at Pecan Creek„ Section G,!'Phase 2 located on Lakevi.ew 1Bou lie v,ard.,- Denton, Texas shall-depositthe-sum of- twenty three t•housand,•"five •hundred• ($ 23,537.50***n, in:cash money, with Escrow th•i;l t; . seven• and 50%100•Agent,.said sum being-in an amount,as-determined-by the city,.-necessary to insure completion-.of 25%of the-interior sidewalks which are to be dedicated,to _ the public; . DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 2. Notice of Deposit.A Letter of Acceptance shallnot.be:issued,or a plat filed;by'City �. -for the property herein described untiFEscrow Agent notifies City,•in writing,that _ cash money, in the amourivspecifed herein; has.been deposited in an escrow.account with'Escrow Agent. . 3'. Release of Funds. Escrow Agent shall;not.release any or all of the•escrowed funds until the City Engineer authorizes,the Escrow Agent,•inwriting, to,release•such funds as provided foriherein as follows: '(a) the City Engineer shall.authorize the release of,all-the-escrowed funds. when-all Sidewalks are completed and approved in accordance with provisions of Subdivision Rules and Regulations;the determination of 1 - - which.-shall.'-be made Eby the City Engineer whose judgment•shall be binding on all,parties hereto; .(b) the City Engineer'may.,-but•is,not required'to,,authorize periodically,the _ release of,specified.sums-of the escrowed funds to the Owner if,.and-as, ` the Sidewalks are completed'and approve&or accepted by.the City in stages, so-long as the remaining funds.not released are sufficient4o Y _ complete-the construction of the remaining Sidewalks which-have.-not been, but are.required, to'.be completed and'accepted-.or approved,by,the - City; ' (c) the developer shall complete 1:00%of-the sidewalk improvements within three.(3)years of the date of this agreement. -If for any reason,.the Sidewalks are not.-completed within this•three,(3)year.,period,the City - may:call-upon the escrow funds,needed.to complete,the remaining • sidewalks.. ' - 4.. - -Notices. Any notice to,be sent,•o'r-required,to'be sent or given under this- agreement shall be-sent to the address of the parties hereto, as follows: CITY: OWNER: City Engineer Eo�st�,r (USA) Real F5ta e Group I'nc. 60.1 E. Hickory, Suite_,B. -14755 Preston Road, Suite 710 Denton,`TX 76205 Dal l,as,, TX 75254 ESCROW AGENT: American' Escrow. Company .2626 Howell; Street., _10th 'F1--oor- Da,l l-as, •TX 75204 AT, a_r ;a Janousek DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 5. - Fees. Owner agrees to.pay any,and all fees or-costs-charged-by the Escrow, ry }' Agent in connection with.-thiss Agreement. . . • 6.- : Non.-Liability of Escrow Agent. The.Escrow Agent shall have no responsibility except for the,safekeeping and delivery of the amounts,deposited in ` the,Escrow Account in accordance with this Agreement. The Escrow-Agent shall ' - not be liable'for any act done or omitted to be done under this Agreement or-in' connectionwith,the amounts deposited-in the Escrow Account•except as a result of the Escrow Agent's gross negligence or willfuU rfiisconduct.'If any question, dispute or disagreement arises among any one or more of the parties•hereto^and/or any other party with.-respect to the funds deposited-in the Escrow accoUnt,,the•' rp oper.•interpretation•of this Agreement,-the duties of.the.Escrow Agent-hereunder - or•the rights of the parties-to this agreement,the Escrow Agent shall-not.-be required,.to act•and-shall not beheld liable-for refusal to act•until the•question,or - dispute is settled.,-and•.the Escrow Agent!has•the absolute-right at its direction to :. do eiiher or both of,the following: (a) withhold and/or stop all further performance under this Agreement until - the Escrow Agent is,satisfied, by-receipt of a written document-in form and substance satisfactory twthe Escrow Agent,and executed and binding upon all iinterested parties hereto (who may include the subscribers); that -the question, dispute, or disagreement has been resolved;or (b). file-alsuit in interpleader and obtain by final judgment rendered'by a court of competent jurisdiction, an order binding all-parties interested:in the ` matter: _ _ - 7. Succ6ssors;and Assi 'ns. This Agreement shall be-binding upon the successors and assigns of-the,parti&.hereto. - . v 8. Venue. The parties hereto agree that if any leg4,action.is necessary in connection with.this Agreement, exclusive venue shall;lie in.Denton County, Texas. IN WITNESS WHEREOF,the said City, Owner,and Escrow Agent'Itave signed this instrument-this 16TK day of CITY O ENTON O B ES R WAGE BL J Z. ,AG 'Carla Ll. use s Senior Vice President DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 EXHIBIT A - Escrow Agreement for Interior Sidewalk Improvements The Preserve at Pecan Creek,$ectior 1G;'Phase 2, City of Denton; Denton County,Texas 'Estimated Quantitles,an&Unit Costs JBI Project No.L'IC 002" - Interior Sidewalks _ item No. Descri tiion Quanii Unit Unit-Price Total Price E I _..._....._.._.....,._._.,_�..__._._..._,.__ _. P_._. tY ... _.._...____._ ._..__._. ___..............__.___ 1 W'-3000 psi (4'wide) reinforced concrete sidewalk. ; 37,660 SF . ' $2.50 '+ $94,150:00 'complete in place l i I 1 l .. • Amount to be Escrowed t26%y I $23,637.60 Escrow 5iaewalk Apraamrrnl-Emibil A•44106069° P-1 DocuSign Envelope ID:35ECD5F5-B2D3-4879-AAFE-6AF7889D8951 AMERICAN ESCROW COMPANY 2626 Howell Street, 10th Floor Dallas,Texas 75204-4064 (214)85 5-8888 Fax: (214)855-8848 Direct Dial: (214)855-2821 REPUBLIC TITLE E-mail: estarkeyaPrepublictitle.com July 10, 2006 Mr. Frank Payne City Engineer City of Denton 601 E.Hickory, Suite B _ Denton,Texas 76205 Re: Our File Number•065265O9 CR6 Rollback Tax Escrow Agreement between Forestar Real Estate Group Inc., City of Denton. And American Escrow Company Dear Mr. Payne, In connection with the above referenced escrow agreement, this letter shall serve as your acknowledgement that American Escrow Company is in ret.eipt of the Escrow Deposit in Hie amount of$23,537.50. If you should-have any questions,or if you need anything f( rther from our office at this time, ;please do not hesitate to contact me. Sincerely, AMERICAN ESCROW COMPANY Elaine Starkey, Escrow A sv ant to, Carla D.Janousek, Senior Vice President cc: Ms. Karen Normandin Forestar Real Estate Group 14755 PrestonLRoad,Suite 710 Dallas,Texas -75254 REPUBLIC TITLE OF TEXAS,INC. A SUBSIDARY OF First American Title Insurance Compan�� ' TITLE INSU RANCE AGENT FOR:Chicago Title Insurance Company,Commonwealth-Land Title Insurance Company,First American Title Insurance Company,•Lawyers Title - Insurance Corporation,Old Republic National Title Insurance Company and Ticor Title Insurance Company DocuSign Certificate Of Completion Envelope Id:35ECD5F5B2D34879AAFE6AF7889D8951 Status:Completed Subject: Please DocuSign:FP04-0056-Escrow Release The Peserve at Pecan Creek Sect.G, Ph.2.pdf Source Envelope: Document Pages: 10 Signatures: 1 Envelope Originator: Certificate Pages:5 Initials:0 Candy Whitaker AutoNav: Enabled 901 B Texas Street Envelopeld Stamping: Enabled Denton,TX 76209 Time Zone: (UTC-06:00)Central Time(US&Canada) Candy.Whitaker@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status:Original Holder:Candy Whitaker Location: DocuSign 10/15/2021 9:42:58 PM Candy.Whitaker@cityofdenton.com Signer Events Signature Timestamp Sara Hensley 11. Sent: 10/15/2021 9:47:28 PM Sara.Hensley@cityofdenton.com EDICUSil"Id ncViewed: 10/15/2021 11:18:06 PM Interim City Manager 5236DB296270423... Signed: 10/15/2021 11:18:41 PM City of Denton Security Level: Email,Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address:72.182.19.137 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Candy Whitaker COPIED Sent: 10/15/2021 11:18:41 PM candy.whitaker@cityofdenton.com Planning Technician I City of Denton Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rob Plato COPIED Sent: 10/15/2021 11:18:42 PM Robert.Plato@cityofdenton.com Public Works Inspection Supervisor Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:7/27/2021 2:41:30 PM ID:8e4669c9-1133-4059-bd08-1693d4f2ce86 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/15/2021 9:47:28 PM Certified Delivered Security Checked 10/15/2021 11:18:06 PM Signing Complete Security Checked 10/15/2021 11:18:41 PM Completed Security Checked 10/15/2021 11:18:42 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:7/21/2017 3:59:03 PM Parties agreed to:Rob Plato ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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