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HomeMy WebLinkAbout2015-02-24 Workshop & Regular MeetingCITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP Febi•ua>y 24, 2015 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., February 24, 2015 at the Anna City Hall Administration Building, located at III N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions, a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code, 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-%j way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 4551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Tex. Gov't Code &551.0741. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-2445 CC Workshop Meeting Agenda.doc I Posted 02-20-15 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4. Consider/Discuss/Action on any items listed on posted agenda for February 24, 2015 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 5. Adjourn. This is to certify that I, Philip Sanders, City Manager, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., February 20, 2015. Philip Sanders, City Manager 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and Iegallyjustified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-24-15 CC Workshop Meeting Agenda.doc 2 Posted 02-20-15 CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING February 249 2015 7:30 p.m. —Anna City Hall Administration Bung The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., February 24, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-24-I5 CC Regular Meeting Agenda.doc 1 Posted 02-20-I5 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by laiv. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Review Quarterly Investment Report. (Clayton Fulton) b. Approve January 27, 2015 City Council Town Hall and Regular Meeting Minutes. c. Approve January 30, 2015 City Council Strategic Planning Workshop Meeting Minutes. 6. Consider/Discuss/Action regarding a resolution approving an Agreement with the Texas Department of Transportation for Construction Maintenance, and Operation of Safety Lighting. (Joseph Johnson) 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a purchase order for repairs to well #3 at the West Crossing Pump Station. (Joseph Johnson) 8. (a) Public Hearing: To consider public comments on a request by Anna Town Center No 5/HSLT LTD, owner of property, requesting a zoning change from C4 to Planned Development (PD) Single Family Zoning (SF-60) on an approximate 3.191 acres of land. The subject property is located east of future Leonard Drive and south of fixture Finley Blvd, generally, east of South Powell Parkway and south of east White Street. (Maurice Schwanke) (b) Consider/Discuss/Act on recommendation regarding the requested zoning change from C-1 to Planned Development (PD) Single Family Zoning (SF-60) on an approximate 3.191 acres of land. (Maurice Schwanke) 9. Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Anna Crossing, Phase 1. (City Manager) 10. Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for the Villages of Hurricane Creek. (City Manager) 11. (a) Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for The Villages of Hurricane Creek. (City Attorney) (b) Consider/Discuss/Action regarding a resolution approving the creation of a Public Improvement District for The Villages of Hurricane Creels. (City Attorney) 12. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" —single family residential to "PD"— single family residential. (Maurice Schwanke) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act, 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-24-15 CC Regular Meeting Agenda.doc 2 Posted 02-20-15 1I Consider/Discuss/Action regarding a resolution authorizing the City Manager to negotiate an agreement for pre -design architectural services for city facilities. (City Manager) 14. Briefing/Discussion regarding Fire department grant proposal. (Chief Gothard) 15. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code, 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072), acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code 551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Tex. Gov't Code zz551.0741. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 16. Consider/Discuss/Action on any items listed on posted agenda for February 24, 2015 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 17. Adjourn. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council resen�es the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-24-I5 CC Regular Meeting Agenda.doc 3 Posted 02-20-I5 This is to certify that I, Philip Sanders, City Manager, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. February 20, 2015. Philip Sanders, City Manager 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-24-15 CC Regular Meeting Agenda.doc 4 Posted 02-20-15 CITY OF ANNA, TEXAS AGENDA SUBJECT: Consent Items Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: February 24, 2014 Staff Contact: City Manager Exhibits: Yes SUMMARY: These items consist of non -controversial or "housekeeping" items required by lain. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Review Quarterly Investment Report. (Clayton Fulton) b. Approve January 27, 2015 City Council Town Hall and Regular Meeting Minutes. c. Approve January 30, 2015 City Council Strategic Planning Workshop Meeting Minutes. STAFF RECOMMENDATION: Staff recommends approval of the Consent items. CITY OF ANNA, TEXAS Item No. number City Secretary's use only City Council Agenda Staff Report Date: Sta{{ Contact: Exhibits: AGENDA SUBJECT: Presentation of Quarterly Investment Report Click here to enter text. Yes February 19, 2015 Clayton Fulton SUMMARY: In accordance with the Public Funds Investment Act, the City of required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. 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E 0 U � Y U N m cOu O �- C J O O � a0 � Q in Calm � ti t- co CNO Vt N o r CO r M O O �V ��O �p 00 CO N N (gyp IN T O ( N M O O eJ' 3 0) O ' N�} 0 00 M N d L r r a 00 0 0 0 o rn 0 aid U m m c m 0) � C p to J o y Fw a�i O 0 aid U m m c m 0) � C p to J o y Fw a�i O U ❑ W � m � � V � � G u r O O 0 vi 00 V M h � OD M M to N 0 00 N M r- co lfi M � O N c- �- 00 N (O V' c0 'd' O �-- N ❑ U Y C f6 m M O � d N f— F- U 3 w J: U o 0 N W M � m �� a� c� E L 0 m ^ fL ■_0 0 0 L CO I I I I I COO LO C) M N O O O O O a6aluaOaad O O CD MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING January 27, 2015 6:00 p.m. — Anna City Hall Administration Building The City Council of the City %J Anna met in Regular Session at 6:00 p.m., January 27, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozrrrcil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on are opensession agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:00 pm. 2. Roll call and establishment of a quorum. Mayor mike Crist and Council Member James T. Cook, Lauren Lovat, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Member John Beazley was absent. 3. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 4. Consider/Discuss/Action approving a resolution regarding setting the dates, times and location of public hearings regarding the annexation of the following tract: a tract of land in the Hiram Brinlee Survey, ABS 0030 generally located north of Foster Crossing Blvd. and on both sides of County Road 419 and adjacent to the city limits, containing approximately 64.1 acres of land more or less. (Maurice Schwanke) Philip Sanders, City Manager presented the item to council and answered questions. Mayor Crist made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 6' ABSTAIN 0 5. Consider/Discuss/Action approving resolution regarding the purchase of an easement from QJR Partnership LTD. (City Manager) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 01-27-15 CC Regular Meeting Minutes.doc 1 01-27-15 6. Consider/Discuss/Action approving a resolution authorizing the City Manager to execute a contract to purchase a dump truck for Public Works. (Joseph Johnson) Joseph Johnson Director of Public Works presented the item to council and answered questions. Council Member Cook made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an agreement for engineering services with Birkhoff, Hendricks, and Carter, LLP for the 2014 Texas Community Development Block Grant Program Project. (Joseph Johnson) Joseph Johnson, Director of Public Works presented the item to council and answered questions. Council Member Cook made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 8. ConsiderlDiscuss/Action regarding a resolution approving the City Manager's annual performance review and Agreement. (City Council) City Manager, Philip Sanders presented the item to council and answered questions. Mayor Crist made the motion to approve. Council Member Bryan seconded the motion. Motion passes. NAY 0 ABSTAIN 0 Council Member Bryan made the motion to enter closed session at 6:12 pm. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 9. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions. a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 551.071); b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the 01-27-IS CC Regular Meeting Mirnites.doc 2 01-27-15 territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 55� 1.087); proposed multi -family developments; c. City Manager Annual Review. (Tex. Gov't Code �551.074)0 The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Lovato made the motion to return to open session at 6:37 pm. Council Member Cook seconded the motion. Motion passes. AYE 6 10. Adjourn. NAY' 0 ABSTAIN 0 Council Member Barnes made the motion to adjourn at 6:38 pm. Council Member Bryan seconded the motion. Motion passes. ATTEST: Natha Wilkison, City Secretary APPROVED: Milce Crist, Mayor O1-27-15 CC Regular Meeting Minutes.doc 3 01-27-15 MINUTES OF CITY OF ANNA SPECIAL WORKSHOP CITY COUNCIL MEETING JANUARY 30I 2015 8:00 A.M. The City Council of the City of Anna met in Special Workshop Session on, Friday, January 30, 2015, at 8:00 a.m. in the Throckmorton Room at 3220 Craig Drive, Holiday Inn and Suites McKinney, Texas to consider the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 8:11 a.m. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, John Beazley, Chad Barnes, Nathan Bryan and Dick Dowd where present. Council Member James T. Cook left at 1:20 pm due to illness. 3. Strategic Planning Workshop: The following items/issues will be discussed. No action will be taken on any item. Discussion at the meeting may be restricted to City Council members and City Staff. 1. Presentation and Discussion regarding the development/update of a multi -year Strategic Plan for the City. City Manager, Philip Sanders gave a presentation reviewing the Strategic Plan council discussed in 2014 and presented an 2015 — 2018 Strategic Plan Implementation Strategy. Council reviewed the Strategic Plan and suggested changes. Facilitator, Joe Gonzales summarized the strategic focus areas. 4. Adjourn. Council Member Barnes made the motion to adjourn at 2:49 pm. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 01-30-15 CC Special Workshop Minutes.doc 1 01-30-15 MINUTES OF AGENDA ADDENDUM CITY OF ANNA SPECIAL WORKSHOP CITY COUNCIL MEETING JANUARY 309 2015 4:00 P.M. The City Council of the City of Anna met in Special Workshop Session on, Friday, January 30, 2015, at 4:00 p.m. in the Throckmorton Room at 3220 Craig Drive, Holiday Inn and Suites McKinney, Texas to consider the following items. Mayor Mike Crist called the meeting to order at 4:00 pm. The following item is added to the regular agenda for consideration. Council Member Bryan made the motion to enter closed session at 4:01 pm. Council Member Dowd seconded the motion. Motion passes. AYE 6 ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 551.087); proposed residential developments; Council Member Bryan made the motion to return to open session at 4:58 pm. Council Member Lovato seconded the motion. AYE 6 NAY 0 ABSTAIN 0 5. Adjourn. Council Member Bryan made the motion to adjourn at 4:58 pm. Council Member Barnes seconded the motion. Motion passes. NAY 0 ABSTAIN 0 01-30-15 CC Special Workshop Addendum Minutes.doc 1 01-30-15 ATTEST: Approved: Natha Wilkison, City Secretary Mike Cr1Si, Mayor 01-30-15 CC Special Workshop Addendum Minutes.doc 2 01-30-15 CITY OF ANNA, TEXAS Item NO. number City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: February 24, 2015 Joseph Johnson Attached. AGENDA SUBJECT: Approval of a Resolution authorizing the City Manager to execute an agreement with the State of Texas for the construction, maintenance and operation of a safety lighting system. SUMMARY: As part of the US 75 at FM 455 interchange project currently being designed by the Texas Department of Transportation (TxDOT), certain safety lighting will be constructed. The State of Texas, as provided for in Title 43 Texas Administrative Code Section, Section 25.11 and Section 221.002, Texas Transportation Code, must execute an agreement for the construction, maintenance and operation of safety lighting within our corporate limits. The costs for the construction, maintenance and operation of said lighting will be borne by The State of Texas. The City would only be responsible for maintenance and operation costs if the lighting becomes part of a continuous lighting system. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute an agreement with the State of Texas for the construction, maintenance and operation of a safety lighting system. CITY OF NNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN THE CORPORATE LIMITS OF THE CITY OF ANNA, TEXAS. WHEREAS, the reconstruction of the US 75 interchange at FM 455 in Anna, Texas will also include certain safety lighting; and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) desires to secure the benefits of said safety lighting for the purpose of protecting life and property; and, WHEREAS, the City Council recognizes that the all costs for the construction, maintenance and operation of said lighting will be borne by The State of Texas; and, WHEREAS, the agreement must be executed in order for the State of Texas to maintain the safety lighting within the corporate limits of the City of Anna, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Purpose. The agreement provides a framework for which the State of Texas may construct, operate, and maintain safety lighting wn the corporate limits of the City of Anna. Section 3. Approval and Authorization of Agreement for Safety Lighting. The City Council hereby approves the agreement with the State of Texas for the construction, maintenance and operation of a safety lighting system, attached hereto as exhibit 1, and authorizes, ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the agreement for safety lighting. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 24tn day of February 2015. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 Agreement No. STATE OF TEXAS % COUNTY OF TRAVIS 9 AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES (State Maintains and Contracts for Power) (Blanket Agreement) THIS AGREEMENT, dated this day of , 20 , by and between the State of Texas, hereinafter referred to as the "State," party of the first part, acting by and through the Texas Department of Transportation, and the City of Anna, Collin County, Texas, acting by and through its duly authorized officers under a resolution or ordinance passed the day of , 20 , hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, in order to provide a more adequate facility to the traveling public, the construction, maintenance, and operation of certain safety lighting systems is required within the corporate limits of the City. Within the City, said safety lighting system, hereinafter referred to as the "lighting system," is to consist of safety lighting to be built in sections as financed and designated by the Texas Transportation Commission; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will construct, maintain, and operate said lighting systems, subject to the conditions and provisions stated herein, as provided for in Title 43 Texas Administrative Code Section, Section 25.11 and Section 221.002, Texas Transportation Code. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES a. The State will prepare or provide for the plans and specifications, advertise for bids, let the construction contract, or otherwise provide for the construction, and will supervise construction, reconstruction, or betterment work as required by said plans and specifications. As a project is developed to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the lighting system prior to awarding the contract, said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITIES, dated . The City -State construction, maintenance, and operation responsibilities shall be as heretofore Traffic-Traffic_TEA19 Page 1 of 2 Revised 09/18/2006 SAFETY LIGHTING BLANKET (SM,CP) Agreement No. agreed to, accepted, and specified in the Agreement to which these plans are made a part." b. All costs of construction, maintenance, and operation of the lighting system will be borne by the State, and the lighting system will remain the property of the state. Article 2. GENERAL IV The State's obligation for operation and maintenance of the lighting system shall cease should the route on which it is located be dropped from the State Highway System. b. This Agreement will cease to apply to sections of the lighting system in the event that those sections are removed or become a part of a continuous illumination system. c. This agreement shall remain in force for a period of two years from the date that it is signed by the State, and it is understood by both parties that at the end of the initial two- year period, the Agreement will be automatically renewed for two-year periods thereafter unless modified by mutual agreement of both parties. In the event that the lighting system installed in accordance with this Agreement becomes unnecessary or is removed for any reason, this agreement will terminate. d. Changes in time frame, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. e. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. IN WITNESS WHEREOF, the parties have thereunto affixed their signature, the City of Anna on the day of , 20and the Texas Department of Transportation on the day of 120 THE CITY OF ANNA, TEXAS Executed on behalf of the City by: Date Typed or Printed Name and Title: Philip Sanders City Manager THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By William L. Hale, P.E. Dallas District Engineer Date Traffic-Traffic_TEA19 Page 2 of 2 SAFETY LIGHTING BLANKET (SM,CP) Revised 09/18/2006 i CITY OF ANNA, TEXAS Item NO. 7 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes February 24, 2014 Joseph Johnson AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a purchase order for repairs to well #3 at the West Crossing Pump Station. (Joseph Johnson) SUMMARY: Well #3 at the West Crossing Pump Station has been out of service of several weeks. The Director of Public Works in consultation with our well repair company has evaluated several repair options to get this well back in service. After evaluating the available options, Staff is recommending that the well be completely rehabilitated to replace the parts of the well that are damaged. This rehabilitation will cost approximately $266,0001 It is critical that we get this well back in service as soon as possible, so Staff is recommend that the purchase order be approved as an emergency procurement. Funds for this project are available from the certificates of obligation issued in 2012. Director of Public Worl<s Joseph Johnson will provide a more complete briefing during the February 24 City Council meeting. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR REPAIRS TO WELL #3 AT THE WEST CROSSING PUMP STATION WHEREAS, Well #3 at the West Crossing Pump Station has been out of service of several weeks; and, WHEREAS, The Director of Public Works in consultation with our well repair company has evaluated several repair options to get this well back in service, and, after evaluating the available options, Staff is recommending that the well be completely rehabilitated to replace the parts of the well that are damaged; and, WHEREAS, the well rehabilitation project is estimated to cost $266,000, WHEREAS, failure to return the well to service will have an adverse impact on the City's ability to deliver treated water to its water customers; and, WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that prompt construction and timely completion of the Well #3 Rehabilitation Project is necessary to preserve and protect the public health and safety of the residents of the City of Anna, Texas (the "City"); and, WHEREAS, a procurement necessary to preserve or protect the public health or safety oI the municipality's residents is generally exempt from the competitive bidding rules outlined in Chapter 252 of the Texas Local Government Code; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Execute Purchase Order. The City Council hereby authorizes the City Manager to execute a purchase order for the Well #3 Rehabilitation Project, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the purchase order contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24tn day of February, 2015. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 CITY OF ANNA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes 02/19/15 Maurice Schwanke AGENDA SUBJECT: (a) To consider public comments on a request by Anna Town Center No 5/HSLT LTD, owner of property, requesting a zoning change from C-1 to Planned Development (PD) Single Family Zoning (SF-60) on an approximate 3.191 acres of land. The subject property is located east of future Leonard Drive and south of future Finley Blvd, generally, east of South Powell Parkway and south of east White Street. (b) Consider/Discuss/Action regarding an ordinance to change from C-1 zoning to Planned Development (PD) Single Family Zoning (SF-60) on an approximate 3.191 acres of land. The subject property is located east of future Leonard Drive and south of future Finley Blvd, generally, east of South Powell Parkway and south of east White Street. SUMMARY: This property is zoned as "C-1". The property to the east is zoned as a Planned Development for a mixture of 50 foot and 60 foot wide lots. The lots adjacent to this request are 50 foot wide lots. The purpose of this zoning is to allow an entrance off of the major planned thoroughfare Leonard Drive into the residential area to the east without traveling through a future commercial development. This proposal will provide for 16 additional lots (8 lots on both the north and south sides of the proposed street). STAFF RECOMMENDATION: Since only 16 lots are involved and will be the same size as the lots to the east the staff supports this application. (Property rezoned under this ordinance is generally located east of South Powell and north of County Road 422, CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located east of South Powell and north of County Road 422. is being rezoned from C-1 (Restricted Commercial) zoning to Planned Development (PD) Single Family Residential zoning, WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all proposes. Section 2. Zoning Change The Zoning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from C4 (Light Commercial) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF Development Standards or less restrictive as set forth below and all unspecified regulations shall conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). i 1. PLANNED DEVELOPMENT — PD-60 Residential: 1.1 General Description: The Property identified on Lite attached Exhibit "A" is intended to accommodate residential and neighborhood convenience development in the City of Anna. The residential uses for the land identified on the Concept Plan shall be developed in accordance with the "SF-60 — Single Family District" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.2 PD-60 Development Standards: a. Building and Area Requirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PD-60 areas: i. Minimum Floor Area —The minimum air condition floor area per dwelling unit shall be one thousand six hundred (1,600) square feet. ii. Lot Area —The minimum area of any lot shall be six thousand (6,000) square feet. iii. Masonry Percentage —The maximum masonry percentage is 80 percent. iv. Lot Coverage — In no case shall more than sixty (60) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. v. Lot Width —The minimum width of any lot shall be fifty (50) feet measured at the front building line. vi. Lot Depth —The minimum depth of any lot shall be one hundred and twenty (120) feet, except for lots. Front Yard —The minimum depth of the front yard shall be fifteen (15) feet. With a Minimum driveway of 20' in length. viii. Side Yard —The minimum side yard shall be five (5) feet. The side yard adjacent to a street shall be ten (10) feet. ix. Rear Yard —The minimum depth of the rear yard shall be twenty -live (25) feet. 2.2 Conformance to all applicable articles of the Anna Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exist or may be amended. 2.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 24th day of February 2015. ATTESTED: Natha Wilkison, City Secretary APPROVED: Milce Crist, Mayor 3 L-1: TESTSEET(F1A4.j ITE 422 r CITY OF ANNA, TEXAS Item NO. 9 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: February Yes 24, 2014 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Anna Crossing, Phase 1. SUMMARY: Anna Crossing, Phase 1 is located on the south side of old County Road 422 just east of State Highway 5 (Powell Parkway) and includes 110 single family lots. The attached Subdivision Improvement Agreement will authorize the release of building permit for not more than 10% of the lots within Phase 1 prior to formal acceptance by the City of all the required public improvements. Release of the building permits is conditioned on completion of all public improvements required to serve the property with the exception of the off -site sewer. A certificate of occupancy for the new homes will not be issued until the all public improvements are formally accepted, and the final plat has been recorded with Collin County. Authorization for this type of agreement is outlined in the City's Subdivision Ordinance. The agreement also requires the developer to donate to the City (upon written request at a time of our choosing) a 3.5 acre tract of land located immediately north of a future school site owned by Anna ISD for a future park. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA CROSSING, PHASE 1A. WHEREAS, the City of Anna, Texas (the y") and Anna Crossing AMC, Ltd., Anna Crossing Phase 1A, Ltd., Anna Town Center No.1/13GRT, Ltd., and Anna Town Center No. VSHRP, Ltd., (collectively, "Owner"), desire to enter into a Subdivision Improvement Agreement to address the limited release of certain building permits and the dedication of parkland, in connection with the construction of Anna Crossing, Phase 1A; and, WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of this Agreement will benefit the City and is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT. Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Agreement. The City Council hereby approves the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 24tn day of February, 2015. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 SUBDIVISION IMPROVEMENT AGREEMENT ANIMA CROSSING, PHASE 1A This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home -rule municipality (the "City") and Anna Crossing AMC, Ltd., Anna Crossing Phase 1A, Ltd., Anna Town Center No.1/BGRT, Ltd., and Anna Town Center No. 4/SHRP, Ltd., (collectively, "Owner"). The term "Owner" includes all owners of the Property, and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Agreement. WHEREAS, Owner and the City are sometimes collectively referenced in this Amendment as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subjecfi matter specifically set forth herein; and WHEREAS, the Agreement concerns development of parcels of real property (the "Property") in Collin County, Texas, which is composed of a 26.591 acre tract of land more particularly described in the document attached to the Agreement as Exhibit A; and a 3.5 acre tract of land more particularly described in the document attached to the Agreement as Exhibit B; said tracts of land located entirely within the corporate limits of the City of Anna, and WHEREAS, fihe Owner has requesfied that the Cifiy issue a limited number of residential building permits on the portion of the Property described in Exhibit A before all the improvements required by City Regulations have been completed and accepted by the City, and before a final plat of the portion of the Property described in Exhibit A has been officially recorded in the Land Recordings with the Collin County Clerk's Office; and WHEREAS, the purpose of this Agreemenfi is to grant the Owner's request conditioned on the limitations and obligations set forth in this Agreement; and WHEREAS, the City Manager may release some residential building permits for up to 10% of the lots within a new residential subdivision, provided that all required improvements have been completed for that portion of the Development, including but not limited to those required for fire and emergency protection, and provided that an agreement providing sufficient security, as required under City Regulations, is approved by the City Manager for the completion of all remaining improvements; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED SUBDIVISION IMPROVEMENT AGREEMENT Page ( 1 The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS City Code shall mean the Anna City Code of Ordinances. City Re�ulafiions shall mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. bevelopment shall mean the development of the Property in accordance with all applicable City Regulations, this Agreement, and any other applicable law or agreement(s). Effective Date shall mean the first date upon which bofih of the following have occurred: (1) the City Council of the City of Anna has duly approved this Agreements and (2) all of the Parties have fully executed same. Initial Improvements shall mean, except for off -site sanitary sewer improvements, all public improvements (including but not limited to those required for fire and emergency protection) required by City Regulations to serve the portion of the Property described in Exhibit A that is eligible for a limited issuance of building permits under Part III -A, Article 6, Section 9.01(2) of the City Code. Remaining Improvements shall mean all improvements, other than the Initial Improvements, that are required by City Regulations to serve the portion of the Property described in Exhibit A. SECTION 3 PERFORMANCE BOND (a) Prior to the issuance by the City of any building permits authorized by this Agreement, Owner shall post a Performance Bond as security for its promise to complete construction of all Remaining Improvements within 180 days of the Effective Date. The Performance Bond shall comply with all applicable requirements in Part III -A, Article 6, Section 2 of the City Code. (b) In the event Owner fails to complete construction of the Remaining Improvements in a manner acceptable to the City, within 180 days of the Effective Date of this Agreement, and without limiting the rights and remedies that the City may have at law or in equity, the following events shall occur: 1. City shall have the right to file a claim against the Performance Bond for construction of the Remaining Improvements. Owner shall be solely responsible for any actual expenses related to construction of the Remaining Improvements that exceed the amount of the Performance Bond. Furthermore, Owner shall be solely responsible for the costs of any Remaining Improvements that are not included in the Performance Bond, but that meet the definition of Remaining Improvements, 2. If ordered by the City, Owner shall cease all construction of single family homes for which building permits have been issued under this Agreement until construction of all the Remaining Improvements are complete and formally accepted by the City. SECTION 4 PARTIAL RELEASE OF LOTS a) Upon completion of the Initial Improvements, and upon delivery of the Performance Bond to the City as described in Section 3 of this Amendment, and upon verification by the City that the Bond is in compliance with this Agreement; the City shall release some residential building permits for not more than 10% of the lots within the portion of the Property described in Exhibit A; provided, however, that the issuance of building permits by the City under this provision shall be subject to compliance by the Owner with all other applicable City Regulations related to the issuance of said building permits. b) Building construction shall not proceed above the slab level until: (1) all water lines serving fire hydrants have been completed, inspected, tested, and approved by the City; and (2) all streets necessary to provide access to the Property, and to serve the Property, are complete and approved by the City. c) Except for service line camera inspections conducted by the City, Owner shall prevent water from entering any sanitary sewer main, and all sewer line "pressure test balls" shall remain in place, until all off -site sewer improvements required to serve the portion of the Property described in Exhibit A are complete and formally accepted by the City and the North Texas Municipal Water District. d) No lot may be sold nor title conveyed until the final plat of the portion of the Property described in Exhibit A has been officially recorded in the Land Recordings with the Collin County Clerk's Office. e) No Certificate of Occupancy for any building shall be issued until the final plat of the portion of the Property described in Exhibit A has been officially recorded in the Land Recordings with the Collin County Clerk's Office, SECTION 5 PARK LAND DEDICATION Parkland Dedication, Within 30 days of the City providing the Owner with written notice requesting dedication, Owner shall donate by irrevocable deed of dedication for public use, the form and content of which shall be approved by the City, the tract of land identified in Exhibit B to the City of Anna. Prior to dedication to the City, Owner shall not encumber said tract or any SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 portion thereof and shall furnish documentation acceptable to the City verifying that said tract is free of all liens and other encumbrances that could cloud the title being granted to the City. The City agrees that such dedication shall satisfy the park land dedication requirement outlined in the Anna City Code, Part III -A ("Subdivision Regulations"), Article 4, Section 5.03(a) for the first 175 dwelling units developed within the Anna Town Square development more particularly described in the document attached to this Agreement as Exhibit C. SECTION 6 MISCELLANEOUS PROVISIONS The undersigned officers and/or agents of the Parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. It is the Parties' mutual intent that this First Amendment shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT Page � 4 Anna Crossing AMC, Ltd. a Texas Limited Partnership gy: Anna Crossing AMC GP Corporation a Texas Corporation, _ its General Partner Y sy: Richard M. Skorburg, i 'n i. 9 IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF aa�2 Before me, the undersigned notary public, on the day of��� personally appeared Richard M. Skorburg, known to me (or proved to me) to be he person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna Crossing AMC, Ltd. PATRICIA SNYDER Notary Public, State of Texas My Commission Expires June 30, 2018 SUBDIVISION IMPROVEMENT AGREEMENT Notary Public, State of Texas Page � 5 Notary Public, State of as Anna Crossing Phase 1A, Ltd. a Texas Limited Partnership By: Anna Crossing Phase 1A GP Corporation, a Texas Corporation, its General Partner Richard M, Skorbur gF s; es , ent STATE OF TEXAS § COUNTY OF 40.a§ Before me, the undersigned notary public, on the / t� day of VO��C[Qh `_ 1 2ft4l�G5 personally appeared Richard M. Skorburg, known to me (or proved to me) to e the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Crossing Phase 1A GP Corporation, in its capacity as general partner for Anna Crossing Phase 1A, Ltd. `"""""' PATRICIA SNYDER t+�anx Puaa. � Notary Public, State of Texas i Sc My commission Expires June 30, 2016 1 SUBDIVISION IMPROVEMENTAGREEMEN7 Anna Town Center N0.1/BGRT, Ltd. A Texas Limited Partnership By: Anna Town Center No.1/BGRT GP Corporation, a Texas Corporation, its General Partner By: Richard M, IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Before me, the undersigned notary public, on the day of�%�u€&2ha0�,`P� personally appeared Richard M. Skorburg, known to me (or proved to me) td'be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No,1/BGRT GP Corporation, in its capacity as general partner for Anna Town Center No.1/BGRT, Ltd, PATRICIA SNYDER Notary Public, State of Texas My Commission Expires June 30, 2015 SUBDIVISION IMPROVEMENT AGREEMENT Notary Public, State ofT Page � 7 Anna Town Center No. 4/SHRP, Ltd. A Texas Limited Partnership By: Anna Town Center No. 4/SHRP GP Corporation, a Texas Corporation, its General Partner E Richard M. korburg, its-Presld nt IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Before me, the undersigned notary public, on the day , 2015, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Anna Town Center No. 4/SHRP GP Corporation, in its capacity as general partner for Anna Town Center No. 4/SHRP, Ltd. PATRICIA SNYI�[R Notary Public, State of Texas My commission Expires June 30, 2015 Notary Public, State ofT SUBDIVISION IMPROVEMENT AGREEMENT Page � 8 CITY OF ANNA By: Philip Sanders, City Manager STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of ,2014, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT Page � 9 ATTACHMENTS Exhibit A —Anna Crossing Phase 1A Exhibit B — Park Land Dedication Exhibit C — Anna Town Square SUBDIVISION IMPROVEMENT AGREEMENT Page � 10 rg I l n osAHOR eyN l-1 P MIN I It t i, Ad n it O^ ON Iii a a„1n 0 Q J J r ado Rap LLI BIRO za U VU Q Z`€.} Z� 3Y1m-i, 04 �s t< li e LIP !a . n�MoePOP §�a • lIC I� Haavu e4 v44dNIhvO r b�\b,S, `♦ � TQ�F���� _ • O f a.'ba [• >.L.Q_Jbu�a _t �FiL'S.StI 3,bbSS AO.•i " �o "PYY 'QY'�f""YPPYPYeP Cavgi L 75st SSI::tL Oak .3 RFiiSy�C��83�t2aN51tiR�iii$41r.` sy�' dbccai•'s�on>ee� 3a's5 v'sot c Ad IT a SxpdYnks��ad�e��;:dre�s�2'.i�� €''a3»ap�as kq'saunuaak'sa^e TV Ad o oggn I�^ bo o o oo 00000 1b'L„144dig$ i�t n^7Fy_ ,bekottid L_„g s'§ci;s4avoa ri,t,°�@dui@G_^5;•��hhi:i;a�db�e:: ,.,,.,,,.r=n.,s: 1AA« t ~ City of Anna • 1 x 11 t ]lilt tilits SAS Exhibit C § @ ° m / m 2 § 0 / 2 / / [ \, \ co e / j § / \ \ ) \1cl) \\ � §j\ \ Jqg§ G>§ '/ Cl ■ ! as �: me4*33E m6,44 z � g 114 « �So°7229 � 1337.421 m to \ /� w kn « �x 5080, Us � �q D v qq *a�� G�a2,y e2 \E r � & \ )A s0°U4p¥ % / / � ,25 � g' - �4 m A q@ mm .± § \\ ( o solo /o es m /\ � *� Ln {§ § s!o%a7 020, s� q a G/ \ e A LEGALDI3SCR1PTiO1�' I ACT 1 EBING, a tract of land out of the Grandison Stark, Abstract No, 798, and being pant of a 238.614 acre tract, as recorded in Vol, 4942, Pg, 511, a 40.001 acre tract, as described in Document No, 20070409000472400) a 43,67 acre traot, as desoilbod in Volume 5717, Page, 2431, a 23.80 acre tract, as described in Document No, 20070208000183560, a 40,00 acre tract, as described In Volume 5622, Page 1863, a 129.92 acre tract, as described in Volume 5651, Page 2600, and a 40.5746 acre tract, as described In Volume 5618, Page 2878 in the Deed Records of Collin County, Texas, and being more particularly described as follows; EEGINNING, at a 5/8 Inch iron rod found at the most northerly northeast coiner of said 40,001 acre tract, being the west line of Wildwood 13arms Addition, an addition to the City of Anna, as described In Vol, G, Pg, 746, In the Plat Records of Collin County, Texas; T1-I)aNCE, South 01°18'33" West, along the east line of said 40,001 acre tract and the west line of said WildwoodFa=s Addition, for a distance of 736,06 feet, to a 5/8 Inch iron xod found at the southwest corner of said Wildwood Farms Addition and being an Interior ell corner of said 401001 acre tract$ THENCE, Sottth 88°34'06"East, along the 1,144 e of said 40,001 acre tract and the south line of said Wildwood Farms Addition, for a distance of 1234,50 feet, to a 5/8 Inch Ironrod found at the northeast corner of said 40,001 acre tract; THBNCE, South 01011'46" West, departingthe south line of said Wildwood Farms Addition and alongthe oastllne of said 40.001 sore tract, far a distance of 1223,20 feet, to a 5/8 inehlron rod found at the southeast corner of said 40.001 acre tract and being the northeast corner of said 43.67 acre tract; THENCB, Sautlz 01038' 19" West, along the east line of said 43,67 acre traot, for a distance of 668, 88 feet, to a i/z inch Iron rod found In the north line of La Paloma, an addition to the City of Anna, as described In Vol. C, Page 418 In said flat Records, TI'1BNCE, Nortli 89°3IT? West, along the south line, of said 43,67 acre tract and along the north line of said LaPaloma, for a distance of 2100,92 feet, to a point for corner at the northwest corner of said La Paloma and being the northeast corner of said 129,92 acre tract; T>iBNCE, South 01°13'48" West, along the avast line of sold La. Paloma and the oast line of said 129.92 acre tract, for a distance of 1527.89 feet, to a �/a inch iron rod found at the southeast aorner of said 129,92 acre tract$' TIdENCB, North 87°03'41" West, departing the west line of said La Paiozna and along the south line of said 129.92 acre tract, for a distanoe of 15,88 feet, to a i/ainoltiron rod found; TymNCE, North. 89020' 19"West, along the south line of said 129,92 feet, for a distance of 1884,06 feet, to a �/z inch ironrod found; THENCE, North 01°40'03"Bast, continuing along said south line, far a distance of 18,35 feet, to a calculated point for corner; THENCE, North 88°19'57" West, continuiug along said south line, for a distance of 952,27 feet, to a calculated point for corner; THENCE, South 01°i.7'22" West, departing said south Iine, fox a distanco of 1337,42 feot, to a inch iron xod found at the southeast corner of said 40,5756 acre tract; T�IENCE, North 88°14'5S" West, along tho southline of said 40,5756 acre treat, for a distance of 66%97 feet, to a calculated point for coiner; THENCE, North 88°l.3"09" West, continuing along said southline, fox a distance of 331,49 feet, to a I/2 inch ironxod :round; THENCE, North 88°12'02" West, continuing along said southline, far a distance oi' 336,73 feef, to a 1/2 inch iron rod found at tho southwest corner of said 40,5756 am tract; THENCE, North QO°S4' i3" fast, along the west line of said 40,5756 acre tract, fox a distance of 1335,10 feet, to a ealcuiatedpoint for corner in the south line of said 129,92 sore tract; THENCE, North 88°19'57" West, along the south line of said 129,92 acre tract, fox a distance of 853,62 feet, to a calculated point for corner at the southwest cornea of said 129,92 acre tract; THENCE, Not'fih i9°4$'29"Fast, along the west line of said 129,92 acre tract, for a distance of 2482,75 feet, to a calculated point for corner at the northwest corner of said 40,00 acre tract same being tho southwest corner of said 238,614 acre tract; TfiENCE, North 19°49' 04" East, along the west line of said 238,614 acre treat, for a distance of 787,79 feat, to a calculated point fox earner at the point of ourvature of a cut've to the left, having a xadius of 2914.83 feet, a central angle of 17°50' 12", and a tangent of 457,40 feet; THENCE, continuing along said west line and with said curve to the loft for an arc distance of 907,41 feet (Chard S3earing North 10°53'S8" bast � 903.75 feet), to a aaloulated point for corner; THENCE, North 01°58'52" Bast, continuing along said west line, for a distance of 186433 feet, to a calculated paint for cornet' at the northwest corner of said 238,614 acre treat; TZZENCL, South 88°42' I.5"Bast, along the north line of said 238,614 acre tract, for a distance of 1359,79 feet, to a 4"x4" concrete monument found; TEIENCE, South 881152' 10"East, continuing along said northline, for a distance of 661,91 feet, to a 4"�4" cancretemonumentfoand; TBBNCE, South 88°d6'30" Easf, continuing along said north line, for a distance of 11.A9,22 feef, to a 5/8 inch iron rod found, .BENCE, South 88'1631" East, continuing along said north line, for a distance of 1556.75 feet, fa the POINT OF BEGINNING and containing 569,397 acres of land, I.HGAf, D�SCRIPTIgN TRACT 2 13ntan and 13aundu bencrlpitun 2112I7 Aoros y llnnaidootdntldipsle) C�unlyaCl rt,No'h9(i�000U1(311of thto)Will)tCounly5ltarit ilcordsivllh oulld promf08, ooslrWootmoro pnru0mam nn90nana au twiorro: i�'INNIPI(3 ul u It of splka f0uulf nlurkiuy thn taturrapHnu of kht nppraxhnuta nn(ddla of County [land 422 with the wool rioht—ol—way lino of Stoto Hlghvtay Pto. 61 paid Connor holn0 (110 soulhoasl odrnor of iho haroln dosaribod pnomisoo and tho northeast colnnr of o f1,Uli aara Not no rocorded In Vnhlow 040, Papn 24I of iho Collin 0nonty (.And Rocarf(s' THkNCH Milt the aII)l)rusiinnta udddla of Calmly Road I122, Iha aouth Ilno of ould prmnaop ail iho np11h [Ilia of ua(d 0,00 aara iroot, A'ost, 141,00 foot to o roilrood opiko sot at th0 opprosfntnto Cwlorlmo Intoruoolhon of County [toad 422 a41h County Road 03 I'tta)klnyy ilia muilnvntit uwnsr of I)dld pllilYttueo, tho 11901111691 aolhai' or will J,06 (Join irmt, and Wing In ilia aaot Ih)a of Houor e 121020 otro iroot; THME wllh i119 appreY(mat9 mlddl0 0l County Road 423 Along Ilm vrosl IluO at paid pp[nmfson, tho wool Ih10 of paid 30,G0 acro traot, and tho oast Imo of oovorol small trooto of Imld, North 00'07'63" East, passing e4it 270,72 foot <I VHtloh Iron rod found, posohl� at 44110 foot a ��hnoh iron rod found, possing of 0110,03 tool a }�41011 (tun lod found, pCsnirt(! 0 736,03 lool a 411;11 Iron rad found, poopfn0 tit 00,78•fopt a YHnoh Iron toll found, pasolp. (it 070,00 font a h,K, nail found marking tho (ntor000tion of County Rood 1030 ( going VICISI), passing ai it101011 foot u My nail found, and 0011INuhtg foi a total disiglluo of 110 100 foot IQ a railroud spllt0 not 111601110 tho nofillwoot nollml of );n1t1 prollilmu and Ilia aouilnvout porlidr of a IIN aara traot as roeurdud ulldor County Mork Pia 01)"0111402 of ill0 0011111 flaunty 1.1irid R000rdol THCNCF, with iho notih Iino of onid praftnfe0o opt( the ooitih IN or unld 1,21 unto Ir+lot, 14orlh 00'206" NI, pousln0 at 210,24 foot a YH11ch [ran rod found marking Ibd soulhoaot corinol of oufd 1021 a91'o tiaot and tho aoulhwust odrnor of u 0.04 acre traot (botn4 1hn oasledy 110111011 of n 0.26 anlo hoot (19 lepotdael In Volutno 3861 page 266 of ilia 11011(n County Wad Roudrds) (at it total 111sldnne 1070,75 fool to a DOA Cuppod troll rod found In iho erost rfoht�of- wuy Ian of Stoto Highwdy No, 0 mai king IN southousl comot of caid 6,04 auto in)oi and 1110 noilhoeml corner of 0tdd prptnmoo; THMCH with ilia aurtully one of paid plelalm and Ilia viouturty iluht- of"wdy lira of Stella HiOhwdy No, 6 do follatvs; unapt b2'57'30" Wool, 120M f001 to a RoNA6 cappod xm�fnah Iran rod not marking till bnolnnln0 of a purv0 to the [full(; Satdhwodtoiy aloltg Gold autvo having n control onolo of 14'34!01" with a rodkis of N60,72 fool, for an orc distmnco of 068,42 loot irchoM # 00ulh 10'0i'48" moij WJA foot) IQ {I ita0mo (aI1)ad %"fnoh h'on 1C11 dtdt lowkinu IN 9nd of urlid oun'ol South 10'p0 46" V(e01, 144,00 foot to ()to pahll of boyhlnllto and Conlaahi0 110��,330 quart; foot or 24,27 odras of hold, LCGAI, pbSCR1PTfON TRACTS L�c�AI.. C1L5CftlfyTtdN 1,742,160 Srl. 1771, 00,0044 AORRS IUI1,40 a 3019J44 aaro eruct rtf land sflualgd In thts GF2ANpISgN i�TAI@lC SURV(�Y, AUuTFtACT Ncb, 750, Coil(n ounly, Taras and befntt part of (hat collect 174.64 noro Iraol of land eorivoyed by deod to by $, Wysong, dated Jurio D,1007, roaorded in Volunitl 11.44, Nifie 246, poed noonrds, Collin County, Texas (()$p.0.0, r) and beino morel r�riioularly dasaribed as ioilowst , C OINN1140 at tl ')P" Iron rod found (ar cart)et In the soulhear;t rlphtiar way lino of (he Union 11oaillo Nralirond J.PIRtR,) (a 100, R.O,W) and being In tho 0ontor of Cotutty Road 421 tend being the soulhwosi oomor ofuld g,19944 core (root of land) I I RNM N '10 dog, 00 min. 00 Nu, R, along IN millimist right-Ut ylay Ilno Of U,f ; Pi, n dlutartae of 11,10AO foal a ve iron rod f9tind for corner Lind being IN 60u111wast corner of> 401►ed 19,21'1 afire lraot of land aorivoyed by ned io Tommy Clttininpham, r000rdsd ht Volume 4002, Pat b 3430, p,f 0,0,T.; fiENON C 00 doq, 69 min 0 ado, R, Wong Uio south 11m) of oaid'10,2'l1 pule UADI. of Ititld and also along the eoulh ie of a 10,911 fiere traot of NO 00nvoy061 by dead to Coolf R Cunnlilghant, Worded In V0411110 4002, PEW 006, RickC,'I'„ a distanoo of 11376,63 WHO a 10 iron rod found for cornor and being the southeast oor0or ofstild Doll 01 Gunninoliam iract of land rind being In IN west iltio of a coiled 10A64 acre IrNt of bind eonvayad by dead Allen Prank, roomfed In County 010rk'8 Pilo No. M0007003, iENOU p 00 doyo 44 mitt. 39 sor.. G, AIM the W6111 lino of acid '101,184 aere iraut of land, tj dintonoo or,111116A4 aI to a '1/2" Iron rod set for oornor and boron in tite cotttor of 0otntty Road 421, and olso bolno the smlhwost 0ornor said 10,'164 aors (root of land% iC4NC(; N 00 dog, 44 m1n, 00 sea, W, af()ng (lie oenlerof said Cout)ty Road 4211 n distance of '1,704,46 feet to (tie DINT ON (311piNNi1116 and =In1nIng 1,742,160 sq, (t. or 36,6044 cores oriantL P�Ip�I CITY OF ANNA, TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes February 24, 2014 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for The Villages of Hurricane Creek, SUMMARY: The Villages of Hurricane Creek is a 368 acre tract of land located near the northwest corner of FM 455 and US 75, primarily west of CR 368. A previous Facilities Agreement adopted in 2004 outlined the obligations of the City and the owner relative to the development of this property. The City and the owner have now negotiated a new Subdivision Improvement Agreement that if approved, will replace the 2004 Facilities Agreement. A comparison between the 2004 Facilities Agreement and the new Villages of Hurricane Creek Subdivision Improvement Agreement is attached with this report. The new Agreement would authorize the creation of a public improvement district (PID) over the property. A PID is a district that can be created by a municipality under Chapter 372 of the Texas Local Government Code. The district includes a certain area of property for which public improvements are needed. When a City creates a PID, bonds can be issued to help finance public improvements that specifically benefit the district. The bonds generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and similar items located in the development as well as similar off -site projects that provide a benefit to the Property. If created, the PID would make assessments against the owners of the Property to pay the debt service on the bonds. The assessments would initially be paid by the developer. Once the property is developed the assessments would be paid by the individual lot owners according to an assessment plan. The new Agreement would also authorize the creation of a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. As property with the Villages of Hurricane Creek is developed and increases in value, the TIRZ would invest 50% of the new property tax revenue generated from the Villages of Hurricane Creek property to pay for $7.4 million PID bonds issued to finance construction of major off -site and on -site infrastructure components that are required to serve the property. The maximum term for payment of the TIRZ funded PID bonds would be 30 year, however the City would have call options to refund or pay off the bonds early from other revenue (aside from the TIRZ) should it decide in the future. Other than funds generated by the TIRZ, the City of Anna will not be obligated to use City funds to pay for PID bonds issued for the Villages of Hurricane Creek development. The new Villages of Hurricane Creel< will be will be a master planned residential community with related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American. Most of Centurion's other single-family developments are in or near the DFW Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single- family developments can be found here: http://centurionamerican.com/county/single- famil STAFF RECOMMENDATION: City staff has been working with the developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with amenities that would draw new residents to Anna. Staff is continuing to work on some of the legal language in the Agreement. Provided we can reach a consensus by Tuesday, Staff will recommend approval of this Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR THE VILLAGES OF HURRICANE CREEK. WHEREAS, the City of Anna, Texas (the y") and Villages of Hurricane Creek, LP, a Texas limited partnership, Don Collins, an individual, Ted K. Tedford, an individual, and Steve Cameron, an individual, (said limited partnership and individuals are referenced collectively hereinafter as the "Owner") desire to enter into a Subdivision Improvement Agreement to address the development of a 368.2 acre tract of land known as the Villages of Hurricane Creek; and, WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of this Agreement will benefit the City and is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Agreement. The City Council hereby approves the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. Section 3. Expiration of Approval. The City Council's approval of the Agreement and the authorizations provided for under Section 2 of this resolution shall expire if the Owner fails to fully execute this Agreement (Exhibit 1), and deliver said fully executed Agreement to the City Manager on or before March 6, 2015. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 24tn day of February, 2015. Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT This Hurricane Creek Subdivision Improvement Agreement (this "Agreement") is entered into between the CITY OF ANNA, TEXAS, (the "C�"), and Villages of Hurricane Creek, LP, a Texas limited partnership, Don . Collins, an individual, Ted K. Tedford, an individual, and Steve Cameron, an individual, (said limited partnership and individuals are referenced collectively hereinafter as "VHC" or the "Developer") to be effective on the effective date (the "Effective Date"). ARTICLE I RECITALS WHEREAS, certain terms used in these recitals are defined in Section 2; and WHEREAS, the City is ahome-i�tle municipality of the State of Texas; and WHEREAS, VHC owns approximately 368.2 acres of real property located wholly within the city limits of the City, and which property is described by metes and bounds and depicted on Exhibit A ("Property"); and WHEREAS, whether VHC or a successor entity who owns the Property, the developer of the Property (the "Developer"), desires and intends to construct and/or make financial contributions to certain on -site and/or off -site public improvements to serve the development of the Property ("Authorized Improvements"), which Authorized Improvements are generally identified in Exhibit B; and WHEREAS, the Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, the Property, located within the city limits of the City, is also located in Collin County, Texas (the "County"); and WI3EREAS, on February 24, 2015 the City created the Hurricane Creels Public Improvement District (the "PID"); and WHEREAS, the City intends to create or establish a tax increment reinvestment zone ("TIRZ"), which TIRZ shall be coterminous with the boundaries of the Hurricane Creek Public Improvement District; and WHEREAS, the Developer plans to develop the Property as a residential development upon the execution of this Agreement and subsequent issuance of PID bonds by the City for the payment of certain costs for the construction and acquisition of certain public improvements to benefit the Property, and for the repayment to Developer for any costs advanced for the construction and acquisition of certain public improvements to benefit the Property as set forth in this Agreement; and WHEREAS, the Developer intends for the design, construction and installation of the Authorized Improvements to occur in a phased mamier and to dedicate such Authorized Viii,Accs or• HURRICANE CREEK SUBDiVISiON IMPROVEMENT AGREEMENT PAGE 1 OF 64 Improvements to the City for use and maintenance, subject to approval of the plans and inspection of the Authorized Improvements in accordance with this Agreement and the City Regulations, and contingent upon the issuance of PID bonds for partial or total financing of such Authorized Improvements; and WHEREAS, the Developer and the City estimate that the cost of the Authorized Improvements will be $30,000,000; and WHEREAS, in consideration of the Developer's agreements contained herein, the City shall exercise its powers under Chapter 372, Texas Local Government Code, as amended (the "PID Act"), to provide alternative financing arrangements that will enable the Developer to do the following in accordance with the procedures and requirements of the PID Act and this Agreement: (a) Rind or be reimbursed for a specified portion of the costs of the Authorized Improvements using the proceeds of PID bonds; or (b) obtain reimbursement for the specified portion of the costs of the Authorized Improvements, the source of which reimbursement will be installment payments from Assessments within the Property, provided that such reimbursements shall be subordinate to the payment of PID Bonds and Administrative Costs ; and WHEREAS, the City, subject to the consent and approval of the City Council, and in accordance with the terms of this Agreement and all legal requirements, including but not limited to the Indenture, intends to: (i) adopt a Service and Assessment Plans (ii) adopt an Assessment Ordinance (to pay for a specified portion of the estimated cost of the Authorized Improvements shown on Exhibit B and the costs associated with the administration of the PID and the issuance of the PID Bonds); and (iii) issue, in multiple series, up to $30,000,000 in the principal amount of PID Bonds for the purpose of financing a specified portion of the costs of the Authorized Improvements and paying associated costs as described herein; and WHEREAS, the City shall use reasonable efforts to issue PID Bonds periodically up to a maximum principal amount of $30,000,000, in multiple series, to finance the Authorized Improvements in accordance with the Service and Assessment Plane and WHEREAS, prior to the sale of the first PID Bond issue: (a) the City Council shall have approved and adopted the PID Resolution, a Service and Assessment Plan and an Assessment Ordinance (collectively, the "PID Documents"); (b) the City shall have reviewed and approved the Home Buyer Disclosure Program; (c) owners of the Property constituting all of the acreage in the PID at the time of the issuance of the first PID Bonds shall have executed a Landowner Agreement (as defined in Section 2, herein); and (d) the Developer shall have delivered a fully executed copy of the Landowner Agreement(s) to the City; and WHEREAS, the Parties agree that the Authorized Improvements are also improvements that qualify as projects under Texas Tax Code Chapter 311, as amended; and WHEREAS, the City shall create a TIRZ on the Property and shall adopt, approve, and execute the TIRZ Documents to dedicate the TIRZ Increment, as hereinafter defined, for a period not to exceed 30 years beginning in Tax Year 2016 and ending in Tax Year 2045 to pay for certain public improvements that benefit the entire PID and other property in accordance with this Agreement; and VILLAGES OP HURRICANE CREEK SUBDIVISION IMPROVEi`IENT AGREE�IENT PAGE 2 OF Gd WHEREAS, all of the City's Administrative Expenses associated with the TIRZ, if created, will be paid in accordance with the TIRZ Act, and the City will not be responsible for payment of such costs; and WHEREAS, to the extent funds must be advanced to pay for any costs associated with the creation of the PID, the TIRZ, the issuance of PID Bonds or the preparation of documentation related thereto, including any costs incurred by the City and its consultants and advisors (excluding the fees associated with closing the PID Bonds), the Developer shall be responsible for advancing such funds, shall have a right to reimbursement for the funds advanced from the proceeds of PID Bonds, Assessment revenues or TIRZ Increments and the City will not be responsible for such reimbursement or the payment of such costs from any other sources of hinds; and WHEREAS, unless expressly set forth to the contrary in this Agreement, it is the PaI•ties' mutual intent that this Agreement shall supersede City Regulations only to the extent that City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Developer understands and aclaiowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Developer understands and aclalowledges that acceptance of this Agreement not an exaction or a concession demanded by the City but rather is an undertaking of Developer's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Developer's development of the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: ARTICLE II DEFINITIONS Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Administrative Expenses shall include, without limitation, expenses incurred by the City in the establishment, administration, and operation of the PID and the TIRZ. Administrator means an employee or designee of the City who shall have the responsibilities provided in the Service and Assessment Plan, an Indenture, or any other agreement or document approved by the City related to the duties and responsibilities for the administration of the PID. Amenity Center shall mean the lot required under this agreement to be constructed by the Developer and maintained by the HOA that shall include a clubhouse, a swimming pool, a fitness center with weight room and cardiovascular equipment, a tennis court, a sports court, a kitchen, a meeting area, and restrooms in accordance with the minimum standards as set forth in Exhibit C. The site of the Amenity Center shall be approximately 2.25 acres at the location shown on Exhibit C. VILLAGES OP HUR2ICANE CREEi: SUBDIVISION h4PROVE�•IENT AGREE�•IENT PAGE 3 OP 64 Assessment means the assessment levied by the City Council pursuant to the Assessment Ordinance, which amounts are estimated on Exhibit B. Assessment CompanX means an assessment firm acceptable to the City. Assessment Ordinance means the ordinance approved by the City Council which levies assessments on the Property in accordance with the PID Act to pay for a specified portion of the costs of the Authorized Improvements set forth in the Service and Assessment Plan as well as the costs associated with the issuance of the PID Bonds that provide a special benefit to the Property. Assessment Roll means the Assessment Roll attached to the Service and Assessment Plan or any other Assessment Roll in an amendment or supplement to the Service and Assessment Plan or in an annual updated to the Service and Assessment Plan, showing the total amount of the Assessment against each parcel assessed under the Service and Assessment Plan related to the Authorized Improvements. Authorized Improvements means water, sewer, drainage, and roadway facilities needed to serve the Property and to be constructed by the Developer or by or on behalf of the City, including but not limited to certain ofF site improvements, as identified and depicted on Exhibit B. Authorized Improvement Costs means the design, engineering, construction, and 'inspection costs of the Authorized Improvements. Bond Ordinance means and refers to an ordinance adopted by the City Council that authorizes and approves the issuance and sale of the PID Bonds, Bond Security means Assessments levied against the Property by the City. Budgeted Cost with respect to any given Authorized Improvement means the estimated cost of such improvement as set forth in Exhibit B. C� means the City of Anza, a home rule municipality located in Collin County, Texas. City Code means the Anna City Code of Ordinances. City Council means the City Council of the City. City Manager. means the current or acting City Manager of the City of Amia or a person designated to act on behalf of the City Manager if the designation is in writing and signed by the current or acting City Manager. Cit�Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. Closing means the act of VHC completing the sale of the Property by VHC to CADG Hurricane Creels, LLC (or an affiliate of CADG Huuricane Creels, LLC). VILLAGES OC HURRICANE CREEK SUBDIVISION IMPROVET,IENT AGREEn'IENT PAGE 4 OP 64 Collector "B" Roadway Improvements mean the improvements to Collector• "B" as described and depicted in further detail in Exhibit D4 and Exhibit D-2 and in accordance with design/construction plans to be approved by the City. Collector "C" Roadwav Improvements mean the improvements to Collector "C" as described and depicted in further detail in Exhibit D-3 and in accordance with design/construction plans to be approved by the City. Collector "D" Roadwa�provements mean the improvements to Collector "D" as described and depicted in further detail in Exhibit D4 and in accordance with design/construction plans to be approved by the City Construction Cost means the costs actually paid for Public Infrastructure related to engineering, design, permitting, construction, inspection, testing, and off -site, third -party property/easement acquisitions; however, the cost of off -site, third -party property/easement acquisitions shall be limited to the fair-marlcet value of any property/easement acquired, plus any damages to the remainder, all as determined by a Licensed Appraiser selected by the City, and Eminent Domain Fees. Developer. means the entity responsible for developing the Property in accordance with this Agreement. Developer's Estimated Costs means the estimated costs of conshuction of any portion of the Authorized Improvements that the Developer is required to submit to the City before construction of such portion commences in accordance with this Agreement. Development means the new development on the Property that is the subject of this Agreement• Effective Date means the date upon which the Last of all of the Parties has approved and duly executed this Agreement• End Buyer means any Developer, developer, tenant, user, or owner of a Fully Developed and Improved Lot. FM 455 Roadway provements mean the improvements to FM 455 as described and depicted in further detail in Exhibit D-S and in accordance with design/consir•uction plans to be approved by the City and the Texas Department of Transportation (TxDOT). Fully Developed and Improved Lot means any lot, regardless of proposed use, which is served by the Authorized Improvements and for which a final plat has been approved by the City and recorded in the Teal property records of Collin County. home Buffer Disclosure Progiain means the disclosure program, administered by the Assessment Company as set forth in a document in the form of Exhibit E that establishes a mechanism to disclose to each End Buyer the terms and conditions under which their lot is burdened by the PID. VILLAGES OY HURRICANE CREEK SUBDIVISION IAdYROVEhlENT AGREEn•IENT PAGE 5 or G4 Improvement Account of the Project Fund means the construction fund account created under the Indenture used to pay for the construction or acquisition of the Authorized Improvements. Indenture means an indenture under which PID Bonds are issued. Landowners) means the Developer and additional owners of the Property. Landowner Agreement means the agreement, as set forth in a document in the form of Exhibit F of an owner of the Property consenting to the form and terms of the PID Documents, Neighborhood Trails mean a system of neighborhood hike and bike trails funded and constructed by the Developer and maintained by the HOA as said trails are described and depicted in further detail in Exhibit G and in accordance with design/construction plans to be approved by the City. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Phase 1 Offsite Roadway Facilities mean the FM 455/CR 368/Collector "B" Offsite Roadway Improvements as described and depicted in Ri ther detail in Exhibit D4 and in accordance with design/construction plans to be approved by the City & the Texas Department of Transportation (TXDOT) as may be required. Offsite Sanitary Sewer Facilities mean the Project Lift Station, the Project Force Main, and the US 75 Sanitary Sewer Gravity Main as described and depicted in further detail in Exhibit 11-2 and in accordance with design/construction plans to be approved by the City. Oversized Sanitary Sewer Facilities mean the over -sized onsite sanitary sewer main lines as described and depicted in further detail in Exhibit H4 and in accordance with design/construction plans to be approved by the City. Phase 1 Development means development of those portions of the Property and offsite improvements to be constructed by the Developer and included in the first phase and first final plat of the Development in accordance with Exhibit I. PID means a public improvement district created by the City for the benefit of the Property pursuant to Chapter 372, Texas Local Govertunent Code, known as the Hurricane Creels Public Improvement District. PID Act means Chapter 372, Texas Local Government Code, as amended. PID Bonds means the revenue bonds or other obligations secured solely by the Bond Security. PID Resolution means the resolution adopted by the Council creating the PID. Pending Zoning Application means the zoning application shown in Exhibit J that Developer currently has pending with the City, which, if granted, would amend the zoning of the Property substantially in the manner set forth in the Proposed Zoning Ordinance, VILLAGES OF HURRICANE CREEK SUBDIVISION ti�IPROVE�{ENT AGREEMENT PAGE 6 OP 64 Previous Facilities Agreement means the document titled Anna 376 Facilities Agreement, a copy of which is attached to this Agreement as Exhibit K. Pry means the real property described by metes and bounds in Exhibit A and depicted on Exhibit A. Proposed Zoning Ordinance means a document in the form of a zoning ordinance, a copy of which is attached to this Agreement as Exhibit L. Public Infrastructure means all water, sewer, drainage and roadway infrastructure necessary to serve the Rill development of the Property. Service and Assessment Plan means the PID Service and Assessment Plan, to be adopted by the City Council for the purpose of assessing allocated costs against property located within the boundaries of the PID having teems, provisions and findings approved and agreed to by the Developer and City, as required by this Agreement. Throclanorton Creels Sanitary Sewer Interceptor means the sanitary sewer interceptor described and depicted in fiirther detail in Exhibit H-3 and in accordance with design/construction plans to be approved by the City. TIRZ means the tax increment reinvestment zone the City intends to create for the benefit of the Property pursuant to Chapter 311, Texas Tax Code. TIRZ Act means Chapter 311 of the Texas Tax Code, as amended. TIRZ Board means the board of directors of the TIRZ that will be established in accordance with the TIRZ Act if the TIRZ is created. TIRZ Documents means the TIRZ project and fmance plan and the TIRZ Ordinance if the TIRZ is created. TIRZ Fund means the fund set up by the City if the TIRZ is created, in order to receive the TIRZ fiends in accordance with this Agreement, state law and the TIRZ Documents. TIRZ Increment means an amount equal to 50 percent of the ad valorem tax increment, as determined each year under Section 311.012 of the Texas Tax Code, that is generated by the Property from ad valorem taxes levied and collected by the City in fiscal year 2016-2017 through and including fiscal year 2045-2046,less TIRZ administrative expenses. TIRZ Ordinance means the City Ordinance creating the TIRZ. TIRZ Project and Finance Plan means the project plan and fuiance plan that governs TIRZ operations. TIRZ Projects means those projects, the same as the Authorized Improvements, as described in Exhibit B, to be undertaken by the PID as well as the TIRZ. VILLAGES OF HURRICANE CREEK SUBDTVISTON ID•iPROVET,TENT AGREEMIEN'T PAGE i OF G4 Water Facilities mean Collector "C"/Collector "B" /CR 368 Water Line as described and depicted in fiuther detail in Exhibit M and in accordance with design/construction plans to be approved by the City. ARTICLE III PUBLIC IMPROVEMENT DISTRICT 3.1 Creation and Levy of Assessments. The City shall use its best efforts to initiate and approve all necessary documents and ordinances required to effectuate this Agreement, to create the PID, and to levy the Assessments. The City will prepare and the City will approve the Service and Assessment Plan providing for the levy of the Assessments on the Property. Promptly following preparation and approval of a Service and Assessment Plan acceptable to the Developer and the City and subject to City Council malting findings that the Authorized Improvements confer a special benefit on the Property, the City Council shall consider an Assessment Ordinance, The Developer shall develop the Property consistent with the terms of this Agreement. Nothing contained irl this Agreement, however, shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council's legislative discretion or functions. 3.2 Acceptance of Assessments and Recordation of Covenants Running with the .and. Concurrently with the levy of the Assessment, the Developer shall approve and accept in writing the levy of the Assessment(s) on all land owned by the Developer and shall approve and accept in writing the Home Buyer Disclosure Program and shall cause to be recorded against the Property covenants running with the land that will bind any and all current and successor Developers and owners of the Property to: (i) pay the Assessments, with applicable interest and penalties thereon, as and when due and payable hereunder and that the purchasers of such land talce their title subject to and expressly assume the terms and provisions of such assessments and the liens created thereby; and (ii) comply with the Home Buyer Disclosure Program, ARTICLE IV AUTHORIZED IMPROVEMENTS 4.1 Authorized Improvements. The costs of Authorized Improvements listed on Exhibit 8 are estimates that are subject to change and shall be updated by the City consistent with the Service and Assessment Plan, the PID Act and the TIRZ Act, and shall be included on each approved final plat(s) for the Property as each final plat for each phase of the Property is approved by the City Council. The Developer shall include an updated Exhibit B with each final plat application which shall be submitted to the City Council for consideration and approval concurrently with the submission of each final plat. Upon approval by the City Council of an updated Exhibit B, this Agreement shall be deemed amended to include such approved updated Exhibit B. The Authorized Improvement Costs and the timetable for installation of the Authorized Improvements will be reviewed annually by the Parties in an annual update of the Service and Assessment Plan adopted and approved by the City. 4.2 Construction, Ownership, and Transfer of Authorized Improvements. (a) Contract Award. The Developer's engineers shall prepare, or cause the preparation of, and provide all contract specifications and necessary related documents. Certain VILLAGES OF HURRICANE GREET: ST)SDTVtStGN IbfPROVENfENT AGREEMENT PAGES of 64 costs of construction, estimated on Exhibit B, shall be paid from the proceeds of PID Bonds in accordance with the Indenture. (b) Construction Standards and Inspection. The Authorized Improvements and all other Public Infrastructure required for the development of the Property shall be constructed and inspected —and all applicable fees shall be paid by Developer —in accordance with applicable state law, City Regulations, the Bond Ordinance and other development requirements, including those imposed by any other governing body or entity with jurisdiction over the Authorized Improvements. (c) Contract Letting. This Agreement and construction of the Authorized Improvements, including the TIRZ Projects, are anticipated to be exempt from competitive bidding pursuant to Texas Local Government Code Section 252.022(a)(9) and 252.022(a)(11) based upon current cost estimates. However, in the event that the actual costs for the Authorized Improvements do not meet the parameters for exemption from the competitive bid requirement, then either competitive bid or alternative delivery methods may be utilized by the City as allowed by law. Further, the City may elect to require that all or any part of the construction contracts be let using competitive bidding and/or sealed proposals. The Parties acknowledge that the construction contracts for the construction of Authorized Improvements have not been awarded as of the Effective Date and contract prices have not yet been determined. Before entering into any construction contract for the construction of all or any part of the Authorized Improvements, the Parties agree as follows. (1) Developer's engineers shall prepare, or cause the preparation of, and submit to the City all contract specifications and necessary related documents, including but not limited to the proposed construction contract showing the negotiated total contract price and scope of work. (2) Developer shall submit all such documents along with a written notice of intention to let a construction contract at least 20 days in advance of the date that Developer intends to execute such contract. (3) Within 15 days after receipt of the written notice and associated documents, the City Manager may: (i) approve the amount of the contract price and provide written notice to the Developer that the Developer may execute the construction contract; or (ii) require that the contract be procured through competitive bidding or competitive sealed proposals ("Competitive Procurement'). If the City fails to notify the Developer within such 15 day period, the City shall be deemed to have approved the contract price and authorized the Developer to execute the construction contract. (4) In order to require Competitive Procurement, the City must provide the Developer with written notice of said requirement within 15 days of delivery to the City of the written notice as required under Section 4.2(c)(2), above. (5) If the City Manager requires Competitive Procurement, then the Developer must: (i) advertise for and award the contract in the same manner set forth for VILLAGES OF HURRICANE CREEK SUBDIVISION IA IPROVE�4ENT AGREEA'IENT PAGE 9 OF G4 competitive sealed bids or competitive sealed proposals Local Government Code Chapter 252 as if the City were pursuing a public improvement contract subject to said Chapter 252 as approved by the City Managers and (ii) supply the City with true and complete copies of all notices of bid/proposal requests and all bids/proposals subsequently received. (6) The City Manager reserves the right to cause the Developer to reject all bids and re -advertise, but the City Manager may do so only once for each construction contract sought by the Developer. (d) Ownership. All of the Authorized Improvements shall be owned by the City upon acceptance of them by the City. The Developer agrees to take any action reasonably required by the City to transfer or otherwise dedicate or ensure the dedication of, easements for the Authorized Improvements to the City and the public. ARTICLE V ADDITIONAL OBLIGATIONS 5.1 Sanitary Sewer Facilities. (a) Developer's Obli ate. (1) Developer is responsible for funding and construction of all on -site sanitary sewer improvements required to serve the Property, the Offsite Sanitary Sewer Facilities, and the Oversized Sanitary Sewer Facilities. Oversized Sanitary Sewer Facilities shall be constructed as required or necessary for each phase of the Development. (2) Prior to filing a final plat in the Land Recordings with the Collin County Clerk's Office for the second (2nd) phase of the Development, but not later than the sixth (6th) anniversary of the Effective Date, Developer shall pay to the City a dollar amount equal to the Construction Cost of the Throckmorton Creels Sanitary Sewer Interceptor less the Construction Cost of the US 75 Sanitary Sewer Gravity Main. (3) Prior to filing a final plat in the Land Recordings with the Collin County Clerk's Office for the first (lst) phase of the Development, but not later than the third (3rd) anniversary of the Effective Date, Developer shall complete in a good and workmanlike manner construction of the Offsite Sanitary Sewer Facilities. (b) City's Obligations, Within two (2) years of the Effective Date, City shall complete construction of the Tl�rociclnolton Creels Sanitary Sewer Interceptor. If the City fails to timely satisfy this obligation, Developer may provide the City with written notice of the failure and its intent to terminate this Agreement. If Developer provides such written VILLAGES OP HURRICANE CREEK SUBDIVISION Ir'tPROVE\IENT AGREEtviENT PAGE 10 OF G4 notice, the City shall have 120 days from the date that Developer delivers said written notice in which to complete construction of the Throckmorton Creels Sanitary Sewer Interceptor. If the City fails to complete construction of the Throckmorton Creels Sanitary Sewer Interceptor such before the expiration of said 120 day period, Developer may terminate this Agreement by delivering written notice of termination to the City. 5.2 Water Facilities. (a) Developer is responsible for the funding and the construction of all water improvements required to serve the Property. (b) Prior to filing a final plat in the Land Recordings with the Collin County Clerk's Office for the first (1st) phase of the Development, but not later than the third (3rd) anniversary of the Effective Date, Developer shall complete in a good and workmanlike manner construction of the Water Facilities. (c) Developer agrees to construct a minimum twelve (12) inch diameter water line adjacent to Collector `B" and Collector "C" as required or necessary for each phase of the Development. 5.3 Roadway Facilities. (a) Developer is responsible for the funding and the construction of all roadway improvements required to serve the Property in accordance with this Agreement. (b) Prior to filing a final plat iri the Land Recordings with the Collin County Clerk's Office for the first (1st) phase of the Development, but not later than the third (3rd) anniversary of the Effective Date, Developer shall complete in a good and workmanlike manner construction of the Phase 1 Offsite Roadway Facilities and Phase 1 of the Collector "B" Roadway Improvements as shown in Exhibit D4 and Exhibit D-2. (c) Prior to filing a final plat in the Land Recordings with the Collin County Clerk's Office for the second (2nd) phase of the Development, but not later than the sixth (6th) anniversary of the Effective Date, Developer shall complete in a good and workmanlike manner construction of the FM 455 Roadway Improvements, Phase 2 of the Collector "B" Roadway Improvements and Phase 1 of the Collector "C" Roadway Improvements as shown in Exhibit D- 2, Exhibit D-3, and Exhibit D-5. (e) Prior to filing a final plat in the Land Recordings with the Collin County Clerk's Office for the fourth (4th) phase of the Development, but not later than the tenth (loth) anniversary of the Effective Date Developer shall complete in a good and workmanlike manner construction of Phase 2 of the Collector "C" Roadway Improvements, and the Collector "D" Roadway Improvements as shown in Exhibit D-3 and Exhibit D4. 5.4 Amenity Center. Within one year of the filing a final plat in the Land Recordings with the Collin County Clerk's Office for the first (1st) please of the Development, Developer shall complete construction on the Amenity Center. At a minimum, the primary building of the VILLAGES OF HURRICANE CREEK SUBllIVISIGN hdPROVEMEN"I' AGREEMENT PAGE I OF 64 Amenity Center shall be required to be at least five thousand square feet. Amenities shall consist of at least (i) a swimming pool, (ii) a sports court, (iii) a tennis court, (iv) a fitness room consisting of weight training equipment and cardiovascular exercise equipment, (v) a kitchen, (vi) a meeting area, and (vii) restrooms as set forth in Exhibit C. 5.5 Neighborhood Trails. Developer is responsible for filnding and construction of the Neighborhood Trails. Neighborhood Trails shall be constructed as required or necessary for each phase of the Development in accordance with the trail construction and development plan depicted in Exhibit G. The City Manager may, at his sole discretion, approve alterations to the construction phasing schedule if requested by the Developer. Developer shall execute and deliver to the City a permanent easement in a form acceptable to the City granting public access to the trails depicted in Exhibit G4. 5.6 Mandatory Homeowners Association. The Developer will create, in a manner acceptable to the City, a mandatory homeowner association ("HOA"), which HOA, whether one or more, shall be required to levy and collect from home owners annual fees in an amount calculated to maintain the open spaces, common areas, hike and bike trails located in common areas, portions of which will be open to the public, the Amenity Center, right-of-way irrigation systems, raised medians and other right-of-way landscaping, and screening walls within the PID. Common areas including but not limited to all landscaped entrances to the PID and right -of way landscaping shall be maintained solely by the HOA. Maintenance of public rights -of -way by the HOA shall comply with City Regulations and shall be subject to oversight by the City. The hike and bike trails shall be constructed and maintained in accordance with Exhibit G or as the trail plan may be modified by the Developer and approved by the City Manager. 5.7 Fire Station Land Dedication. Within 30 days of the date of filing a final plat in the Land Recordings with the Collin County Clerk's Office for the first (1st) phase of the Development, and as a condition to the City issuing a certificate of occupancy within the Development, Developer shall donate by irrevocable deed of dedication for public use, the form and content of which shall be approved by the City, a certain tract of land identified in Exhibit N to the City of Anna. Prior to dedication to the City, Developer shall not encumber said tract or any portion thereof and shall furnish documentation acceptable to the City verifying that said tract is fiee of all liens and other encumbrances that could cloud the title to the property upon said dedication. 5.8 Parkland Dedication. Within thirty (30) days of the City providing the Developer with written notice requesting dedication, Developer shall donate by irrevocable deed of dedication for public use, the form and content of which shall be approved by the City, certain Tacts of land identified in Exhibit O to the City of Anna, which dedication may be conveyed in separate parts upon different requests from the City. Prior to dedication to the City, developer shall not encumber said tracts or any portions thereof and shall furnish documentation acceptable to the City verifying that said tracts are free of all liens and other encumbrances that could cloud the title being granted to the City. The City agrees that such dedication shall satisfy the park land dedication requirement outlined in the Anna City Code, Part III -A ("Subdivision Regulations"), Article 4, Section 5.03(a) for the development of Property. VILLAGE'S OP HURIUCANB CREEK SUBDIVISION L4IPROVE\PENT AGREE�'(ENT PAGE 12 OF 64 5.9 Performance Window• Election to Terminate. In the event that the Developer satisfies all of its obligations under its control pursuant to Section 6.1 below, and the City does not issue the PID Bonds within one year of the Effective Date, neither Party shall be required to perform under this Agreement and this Agreement will terminate. Notwithstanding the foregoing, the Developer shall take all actions required under City Regulations and this Agreement necessary to: (i) obtain approval of a final plat of the Phase 1 Development and commence construction on Phase 1 Development by the latter of December 31, 2015 or thirty (30) days after the closing of the PID Bonds; and (11) file a final plat of the Phase 1 Development in the Land Recordings with the Collin County Cleric's Office within three (3) years of the Effective Date. As it pertains to this Agreement, "commence construction" includes initial grading or other site preparation as necessary for farther development. If any of the requirements set forth in this Section 5.9 are not timely satisfied in accordance with this Agreement, the City may elect to terminate this Agreement by providing the Developer with written notice of such failure(s) and its intent to terminate this Agreement. If the City provides such written notice, the Developer shall have ' 120 days from the date that the City delivers said written notice in which to cure such failure(s). If the Developer fails to cure such failure(s) Uefore the expiration of said 120 day period, the City may terminate this Agreement by delivering written notice of termination to the Developer. ARTICLE VI PID BONDS 6.1 PID Bond Issuance. Subject to the satisfaction of conditions set forth in this article, the City may issue PID Bonds solely for the purposes of acquiring or constructing Authorized Improvements. The Developer may request issuance of PID Bonds by filing with the City a list of the Authorized Improvements to be funded with the PID Bonds and the estimated costs of such Authorized Improvements. The Developer acknowledges that the City may require at that time a professional services agreement that obligates the Developer to fund the costs of the City's professionals relating to the preparation for and issuance of PID Bonds, which amount shall be agreed to by the Parties and considered a cost payable from such PID Bonds. The issuance of PID Bonds is subject to the following conditions: (1) the adoption of a service and assessment plan (the "Service and Assessment Plan") and an assessment ordinance levying assessments on all or any portion of the Property benefitted by such Authorized Improvements in amounts sufficient to pay all costs related to such PID Bonds; (2) the aggregate principal amount of PID Bonds issued and to be issued shall not exceed $30,000,000; (3) each series of PID Bonds shall be in an amount estimated to be sufficient to fund the Authorized Improvements or portions thereof for which such PID Bonds are being issued; (4) delivery by the Developer to the City of a certification or other evidence from an independent appraiser acceptable to the City confirming that the special benefits conferred on the properties being assessed for the VILLAGES OP HORRICANE CREEK SUBDIVISION I�IPROVEr4ENT AGREEr-PENT PAGE 13 OP 64 Authorized Improvements increase the value of Lite property by an amount at least equal to the amount assessed against such property; (5) approval by the Texas Attorney General of the PID Bonds and registration of the PID Bonds by the Comptroller of Public Accounts of the State of Texas; (6) the Developer is current on all taxes, fees and obligations to the City; (7) the Developer is not in default under this Agreement; (8) no outstanding PID Bonds are in default and no reserve funds have been drawn upon that have not been replenished; (9) review and approval Uy the City of the plats and construction plans for the Authorized Improvements; (10) the Administrator has certified that the specified portions of the costs of the Authorized Improvements to be paid from the proceeds of the PID Bonds are eligible to be paid with the proceeds of such PID Bonds; (11} the Authorized hmprovements to Ue financed by the PID Bonds have been or will be constructed according to the approved design specifications and construction standards imposed by this Agreement; (12) a finance officer of the City, jointly with the City's legal and financial advisors, determine that there will be no negative impact on the City's creditworthiness, bond rating, access to or cost of capital, or potential for liability and that the PID Bonds are structured and marketed appropriately, meet all regulatory and legal requirements and are marketable under financially reasonable terms and conditions; (13) the City has determined that the amount of proposed PID assessments and the structure, terms, conditions and timing of the issuance of the PID Bonds are reasonable for the project costs to be financed and the degree of development activity within the PID, and that there is sufficient security for the PID Bonds to be creditworthy; (14) the maximum maturity for PID Bonds shall not exceed 30 years from the date of delivery thereof; (15) the final maturity for any PID Bonds shall be not later than 45 years from the date of this Agreement; (16) unless otherwise agreed to by the City, the PID Bonds shall be sold and may be transferred or assigned only (i) in compliance with applicable securities laws and (ii) in minimum denominations of $25,000 or integral VILLAGES OP HURRICANE CREEK SUBDIVISION Ii\4PROVErIENT AGREEx4ENT PAGE IQ OF 64 multiples of $1,000 in excess thereof; provided, however, that the limitation on transferability or assignment in this subparagraph (ii) shall not apply if the PID Bonds have a rating of not less that BBB- from Fitch Ratings or Standard & Poor's Ratings Services or Baa3 from Moody's Investors Service, Inc. (17) no information regarding the City, including without limitation fmancial information, shall be included in any offering document relating to PID Bonds without the consent of the City; (18) simultaneous with closing the PID Bonds, Developer shall fitnd or cause the funding of the Authorized Improvements to the extent that the Authorized Improvements have not already been completed and paid for by Developer or otherwise to the extent that the PID Bonds are insufficient to fund such Authorized Improvements; and (19) the Developer agrees to provide periodic information and notices of material events regarding the Developer and the Developer's development within the PID in accordance with Securities and Exchange Commission Rule 15c2-12 and any continuing disclosure agreements executed by the Developer in connection with the issuance of PID Bonds. 6.2 Disclosure Information. The Developer agrees, represents and warrants that any information provided by the Developer for inclusion in a disclosure document for an issue of Bonds will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 6.3 Qualified Tax -Exempt Status. The Developer agrees to pay the City any additional costs ("Additional Costs") the City may incur in the issuance of PID Bonds and/or in the issuance of other City obligations because the PID Bonds or other City obligations are deemed not to qualify for the designation of "qualified tax-exempt obligations" as defined in section 265(b)(3) of the Internal Revenue Code of 1986, as amended, as a result of the issuance of the PID Bonds. The City's Financial Advisor shall calculate such amount and the City shall provide a written invoice to the Developer. The Developer shall pay such costs to the City within fifteen days of the date of City's invoice. ARTICLE VII PAYMENT OF AUTHORIZED IMPROVEMENTS 7.1 Improvement Account of the Project Fund. The Improvement Accounts of the Project Fund shall be administered and controlled by the City and fiends in the Improvement Account of the Project Fund shall be deposited and disbursed in accordance with the terms of the Indenture. 7.2 Cost Overrun. If the total cost of the Authorized Improvements in the aggregate exceeds the total amount of monies on deposit in the Improvement Account of the Project Fund, VILLAGES OF I-IURRiCANE CREEK SUBDIVISION IA'IPRGVE\4ENT AGREEMENT PAGE 15 OF G4 the Developer shall be solely responsible for the remainder of the costs of the Authorized Improvements, except as provided in Section 7.3 below. 7.3 Cost Underrun. Upon the final acceptance by %Y of an Authorized Improvement and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of such Authorized Improvement is less than the Budgeted Cost (a "Cost Underrun"), any remaining Budgeted Cost will be available to pay Cost Overruns on any other Authorized Improvement. The City shall promptly confirm to the Trustee that such remaining amounts are available to pay such Cost Overruns, and the Developer and the City will agree how to use such moneys to secure the payment and performance of the work for other Authorized Improvements. 7.4 Remainder for Authorized Improvements. If funds remain in the Improvement Account of the Project Fund after the completion of all Authorized Improvements and the payment of all Authorized Improvements Costs, then such Rinds shall thereafter be the exclusive property of the City and shall be used by the City for the purpose of paying or retiring the PID Bonds as provided in the Indenture, the Services and Assessment Plan, and any construction funding agreement entered into by the Parties. ARTICLE VIII TIRZ Tax Increment Reinvestment Zone. The City agrees that it will create, operate and maintain the TIRZ over the Property to provide tax increment revenue for the construction or acquisition of Authorized Improvements to serve the Property or to reimburse the Developer for any costs advanced or expended by the Developer related to the construction or acquisition of Authorized Improvements, including the Authorized Improvement Costs. The City shall deposit and disburse, or cause to be deposited and disbursed, the TIRZ Increment in accordance with the TIRZ Project and Finance plan. Notwithstanding any other provision of this Agreement, the term of the TIRZ shall not extend beyond December 31, 2047; provided that any TIRZ Increments due and uncollected as of the termination date of the TIRZ shall be deposited and disbursed, when and if received by the City, in accordance with the TIRZ Project and Finance Plan. The members of the TIRZ Board shall be appointed by the City Council in accordance with Chapter 311, Texas Tax Code. ARTICLE IX INTENTIONALLY LEFT BLANK ARTICLE X EVENTS OF DEFAULT; REMEDIES 10.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event more than thirty (30) days after written notice of the alleged failure has been given except as relates to a type of default for which a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing, no Party shall VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVE�dENT AGREEn(ENT PAGE 16 OP 64 be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within twenty (20) business days after it is due. 10.2 Remedies. As compensation for the other party's default, an aggrieved Party is limited to seeking specific performance of the other party's obligations under this Agreement. However, the Parties agree that the Developer will not be required to specifically perform under this Agreement in the event that the Developer satisfies all of its obligations under Section 6.1 and the City does not issue PID Bonds within one year of the Effective Date, ARTICLE XI ASSIGNMENT; ENCUMBRANCE 11.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The obligations, requirements, or covenants to develop the Property in this Agreement shall be able to be assigned to any affiliate or related entity of the Developer, or any lien holder on the Property, without the prior written consent of the City. The obligations, requirements or covenants to the development of the Property shall not be assigned by Developer to a non -affiliate or non -related entity of the Developer without the prior written consent of the City Manager of the City, which consent shall not be unreasonably withheld if the assignee demonstrates financial ability to perform. Any receivables due under this Agreement, any construction funding agreement, or any reimbursement agreement may be assigned by the Developer upon written notice to the City pursuant to Section 11.5 of this Agreement. An Assignee shall be considered a "Party" for the purposes of this Agreement. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Developer shall maintain written records of all assignments made by Developer to Assignees, including a copy of each executed assignment and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity, and this obligation shall survive the assigning Party's sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Property. 11.2 Preabproval of Initial Assignment by City. The City hereby agrees to approve the initial assignment of this Agreement, and all of the rights, covenants, and obligations within, to CADG Hurricane Creek, LLC effectively immediately upon the Closing and written confirmation to the City that Closing has occurred. After this initial assignment, the Parties agree that the provisions in Section 11.1 shall apply to all subsequent assignments. 11.3 Assignees as Parties. An Assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance with Section 11.5 of this Agreement shall be considered a "Party" for the purposes of this Agreement. With the exception of the end -user of a lot within the Property, any person or entity upon becoming an owner of land VILLAGES or HURRICANE CREEK SUBDIVI$IGN Ii,•IPRGVEhIENT AGREEn•fENT PAGE 17 OP 64 within the YID or upon obtaining an ownership interest in any part of the Property shall be deemed to be a "Developer" and have all of the obligations of the Developer as set forth in this Agreement and all related documents to the extent of said ownership or ownership interest. 11.4 Third Party Beneficiaries. Subject to Section 11.1 of thus Agreement, this Agreement only inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a thir&party beneficiary of this Agreement, I1.5 Notice of Assignment. Subject to Section 11.2 of thus Agreement, the following requirements shall apply in the event that the Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement: (a) the Developer must provide written notice to the City to the extent required under Section 11.1 at least fifteen (15) business days in advance of any such sale, assignment, transfer, or other conveyance; (b) said notice must describe the extent to which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise conveyed, (c) said notice must state the name, mailing address, and telephone contact information of the person(s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and (d) said notice must be signed by a duly authorized person representing the Developer and a duly authorized representative of the person that will acquire any rights or benefits as a result of the sale, assignment, transfer or other conveyance. ARTICLE XII RECORDATION AND ESTOPPEL CERTIFICATES 12.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the pxoperty records of Collin County. This Agreement binds and constitutes a covenant running with the Property and, upon the Effective Date, is binding upon the Developer and the City, and forms a part of any other requirements for development within the Property. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property. 12.2 Estoppel Certificates. From time to time upon written request of the Developer or any future owner, and upon the payment to the City of a $100.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, the City Manager, or his/her designee will, in his official capacity and to his reasonable knowledge and belief, execute a written estoppel certificate identifying any obligations of an owner under this Agreement that are in default. ARTICLE XIII VILLAGES OP HURRICANE CREEK SUBAIVISION I\dPROVE?<4ENT AGREE?�fENT PAGE 18 Gr G4 GENERAL PROVISIONS 13.1 Term. The term of this Agreement shall be fifteen (IS) years after the Effective Date unless extended by mutual agreement of the Developer and the City. Upon expiration of the Term, the City shall have no obligations under this Agreement with the exception of: (1) maintaining and operating the PID in accordance with the Service and Assessment Plan and the Indenture; and (ii) fulfilling its obligations under the TIRZ Documents. The term of the TIRZ shall be as stated in Article VIII of this Agreement. 13.2 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement, Developer shall provide all Public Infrastructure, including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City except as provided herein, and in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Developer shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to approval of a Final Plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre - construction conference that includes a City representative has been held regarding the proposed construction and City has issued a written notice to proceed. 13.3 Performance Bond, Payment Bond and Other SecuritX. For each construction contract for any part of the Development, Developer or Developer's contractor must execute a performance bond in favor of the City and a payment bond for the construction and work covered by those contracts, which bonds shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations. For each construction contract for any part of the Public Infrastructure, Developer or Developer's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Infrastructure, arising from defective workmanship or materials used therein, for a Rill period of two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. 13.4 Inspections, Acceutance of Public Infrastructure, and Developer's RemedX. The City shall inspect, as required by City Regulations, the construction of alI Authorized Improvements, and any Public Infrastructure necessary to support the proposed development within the Property, including water, sanitary sewer, drainage, streets, park facilities, electrical, and street lights and signs. The City's inspections shall not release the Developer from its responsibility to construct, or ensure the construction of, adequate Authorized Improvements and Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to development of the Property. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of the Agreement if the City withholds City utility services as to any portion of the Development until all required Public Infrastructure necessary to such portion is properly constructed according to the approved engineering plans and City Regulations, and until such Public Infrastructure has been dedicated to and accepted by VILLAGES Or HURRICr\NE CREEK SUBDIVISION h'IPROVE\•LENT AGREE�•fENT PAGE 19 or G4 the City. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned by the City. Developer's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance and cost reimbursements pursuant to the terms of this Agreement. 13.5 Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer or Developer's engineer, or engineer's officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. 13.6 Insurance. Developer or its contractors) shall acquire and maintain, during the period of time when any of the Public Infrastructure is under construction (and until the full and final completion of the Public Infrastructure and acceptance thereof by the City: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor, material man, or otherwise. Coverage must be on an "per occurrence" basis. All such insurance shall* (i) be issued by a carrier which is rated "A-V or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Infrastructure construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. 13.7 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF THE DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, VILLAGES OP HURRICANE GREET: SUBDIVISION T\dPROVE1,dENT AGREES -TENT PAGE 20 OP G4 SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE DEVELOPER AND THE CITY, THE DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE DEVELOPER'S OWN PERCENTAGE OF RESPONSIBILITY. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON THE DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the Developer's design, construction or installation of any of the Public Infrastructure that is the subject of this Agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture between the City and Developer. 13.8 Eminent Domain. Developer agrees to use reasonable efforts to obtain all tlurd- party rights -of way, consents, or easements, if any, required for the Public Infiastructure4 If, however, Developer is unable to obtain such third -party rights -of -way, consents, or easements within ninety (90) days of commencing efforts to obtain the needed easements and right of way, the City agrees to take reasonable steps to secure same (subject to City Council authorization after a finding of public necessity) through the use of the City's power of eminent domain. Developer shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney's fees and related expenses, and appraiser and expert witness fees (collectively, "Eminent Domain Fees") paid or incurred by the City in the exercise of its eminent domain powers that for any reason are not fiinded by the proceeds of the PID Bond or TIRZ Increment and shall escrow with a mutually agreed upon escrow agent the City's reasonably estimated Eminent Domain Fees both in advance of the initiations of each eminent domain proceeding and as funds are needed by the City. Provided that the escrow fiend remains appropriately funded in accordance with this Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so that the Public Infrastructure can be constructed as soon as reasonably practicable. If the City's Eminent Domain Fees exceed the amount of fiends escrowed in accordance with this paragraph, Developer shall deposit additional fiends as requested by the City into the escrow account within ten (10) days after written notice from the VILLAGES Or HURRICANE CREEK SUBDIVISION hdPROVEbdENT AGREEA4ENT PAGE 21 OP 64 City. Any unused escrow funds will be refunded to Developer with thirty (30) days after any condemnation award or settlement becomes final and non -appealable. Nothing in this subsection is intended to constitute a delegation of the police powers or governmental authority of the City, and the City reserves the right, at all times, to control its proceedings in eminent domain. 13.9 Payee Information. With respect to any and every type of payment/remittance due to be paid at any time by the City to the Developer after the Closing Date under this Agreement, the name of the payee for such payment shall be CADG Hurricane Creek, LLC, and the payment/remittance shall be sent or delivered to the following address: CADG Hurricane Creels, LLC 1800 Valley View Lane Suite 300 Partners Branch, Texas 75234 Developer may change the name of the payee and/or address set forth above by delivering written notice to the City designating a new payee and/or address. 13.10 Previous Facilities Agreement Void Upon Closing. To the extent that the Previous Facilities Agreement or any other such agreement with the City or incentive program previously undertaken by the City —other than this Agreement —affects or relates in any way to the Property, said agreements and incentive programs shall become null and void and of no further effect upon Closing. If Closing does not occur on or before May 31, 2015 then this Agreement shall become null and void and of no further effect and shall be deemed to have had no effect on the Previous Facilities Agreement. 13.11 Pending Zoning Application. Developer agrees that it will not withdraw or seek to amend or modify the Pending Zoning Application unless the Closing does not occur on or before May 31, 2015. Developer ffi ther agrees that if the Closing occurs on or before May 31, 2015 then the Developer will not withdraw or seek to amend or otherwise modify the Pending Zoning Application until December 31, 2015. For the purposes of this paragraph, "amend or otherwise modify the Pending Zoning Application" does not include a revision to the application or the Proposed Zoning Ordinance that is agreed by the Developer and the City to be a minor change or a revision, the purpose of which is to correct an error that does not change the intent or substance of the Proposed Zoning Ordinance. Nothing contained in this paragraph or in any other provision of this Agreement shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council's legislative discretion or ftrnctions. ARTICLE XIV ADDITIONAL PROVISIONS 14.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Patties negotiated and ezrtered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given frill effect. The Parties have relied upon the recitals as part of VILLAGES OF HURRICANE CREEK SUE3DIVISIGN IMPROVGA4EN'I' AGI2EEi�'IEN1' PAGE 22 OP 64 the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. 14.2 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when personally delivered or 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: Attn: City Manager City of Anna, Texas 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Wolfe, Tidwell &McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 205 Frisco, Texas 75034 And to: Attn: Bond Counsel McCall, Parkhurst & Horton, LLP 717 North Harwood, Suite 900 Dallas, TX 75201 To the Developer: Villages of Hut7•icane Creels, LP Attn: Don Collins 2705 Clublalce Trail McKinney, Texas 76070 With a copy to: Attn: Robert Miklos Miklos Law, PLLC t800 Valley View Lane, Suite 360 Farmers Branch, Texas 75234 Any party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. 14.3 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 14.4 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 14.5 Authority and Enforceability. The City represents and warrants that this VILLAGES OP SU6DIVISIGN HURRICANE CREEK Ir•IPRGVEbIENT AGREE�•IENT PAGE 23 or• 64 Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of the Developer, and that each individual executing this Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions and to the extent provided by law. 14.6 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 14.7 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. 14.8 Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereot,and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 14.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instl•�Iment. 14.10 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description and Depiction of the Property Exhibit B Authorized Improvements with their Estimated Costs Exhibit C Amenity Center Exhibit D-1 Roadway Improvements — Phase 1 Exhibit D-2 Roadway Improvements — Subsequent Phases Exhibit E Home Buyer Disclosure Program Exhibit F Landowner Agreement Exhibit G Neighborhood Trails Plan Exhibit 11-1 Oversized Sanitary Sewer Facilities VILLAGES OP HURRICANE CREEK SUBDI\VISION IA4PROVE<,dENT AGREEA'IENT PAGE 24 OF G4 Exhibit Hm2 Offsite Sanitary Sewer Facilities Exhibit Hm3 Throckmorton Creek Sanitary Sewer Interceptor Exhibit I Phase I Development Plan Exhibit J Pending Zoning Application Exhibit K Previous Facilities Agreement Exhibit L Proposed Zoning Ordinance Exhibit M Water Facilities Exhibit N Fire Station Exhibit O Parkland Sites 14.11 Force Ma et ure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance, however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within three (3) business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible time. The term "force majeure" shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the good faith exercise of good faith, due diligence and reasonable care. 14.12 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developer expressly amending the terms of this Agreement. 14.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] VILLAGES OF HURRICANE CREEK SUBDIVISION A•IPROVE�'IENT AGREE�dENT PAGE 2S OF 64 EXECUTED BY TIIE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF ANNA By: Name: Title: Date: APPROVED AS TO FORM Name: Clark McCoy Title: City Attorney STATE OF TEXAS § COUNTY OF COLLIN § M ike Crist Mayor This instillment was acknowledged before me on the _day of , 2015 by of the City of Anna, Texas on behalf of said City. (SEAL) Notary Public, State of Texas Name printed or typed Commission Expires: VILLAGES OP HURRICANE CREEK SUBDIVISION IbIPROVEkIENT AGREEi�•IENT PAGE 2G OF 64 VILLAGES OF HURRICANE CREEK, LP By: Name: Don Collins Title: Manager THE STATE OF TEXAS § § COUNTY OF § Tlus instrument was acknowledged before me on the _day of , 2015, by Don Collins, Manager of Villages of Hurricane Creek, LP. (SEAL) Notary Public in and for the State of Texas Name printed or typed VILLAGES OP HURRICANE CREEK SiJBD1VISION In'IPRGVEhIENT AGREE�•IENT PAGE 27 OF 64 DON COLLINS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the _day of 201 S by of the City of Alma, Texas on behalf of said City. (SEAL) Notary Public, State of Texas Name printed or typed Commission Expires: VILLAGES OP HURRICANE CREEK SUBDIVISION IA'fFRGVEA'fENT AGREE�'IENT PAGE 28 OF 64 TED K. TEDFORD STATE OF TEXAS § COUNTY OF COLLIN § Tlus instrument was acknowledged before me on the u day of 2015 by of the City of Anna, Texas on behalf of said City. (SEAL) Notary Public, State of Texas Name printed or typed Commission Expires: VILLAGES OF HURRICAtJE CREEK SUBDIVISION IMPROVE�•IENT AGREEAfENT PAGE 29 GF 64 SIEVE CAMERON STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the _day of 2015 by of the City of Arena, Texas on behalf of said City. (SEAL) Notary Public, State of Texas Name printed or typed Commission Expires: VILLAGES OP HURRICANE CREEK SUBDIVISION IT4PROVE\SENT AGREE�'IENT PAGE 30 or 64 Exhibit A METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY VIGLAdES OP HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEi.•IENT PACE 31 or G4 BEING all that certa n tract of all situated in the Joseph Boyle Survey, Abstract Nwit or 105, the John Coff nai Survey, Abstract Number 197, the J. M. Kineade Survey, AbstractNnmibor 509, the J. W. Mitchell Survey, Abstract Number 565, the W. Ranmi Survey, Abstract Nmmdber 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of that imet of land described by deed to Villages of Hurcicane Creek, LP recorded in Volume 5430, Pogo 9861 of the Official Public Records Collin County, Texas and being part of a called 114.252 acre of land described by deed to Dart Collins, of al recorded in Volume 5257, Page 4877 of floe Official Property Records Collin County Texas and being moreparticularly described by metes and bounds as follows: BP.GUMI117\43 at an iron rod found in the North Right of Way line of PM 455 (West White Street) and in the approximate centerline of Comity Road No. 368 (telephone Road) said iron rod being the southeast comer of that tract of land described by deed to WBKPortners LTD, recorded in Volume 4292 Page27 of the Official Public Records Collin County Texas; 'THENCE N Ol°OT51"W with tho east Gne of said WBK Partners remainder, departing said North Right•o&Way, 652.89 feet to an iron rod found at the southeast comer of said Villages of Hurricane Creek tract; THENCE S 88°58'27"R7, \eilh Ote South line ofsaid Villages of Huriwne Creek tract and the north line of said remainder 2688.16 feet ton Sib inch iron rod with plastic cap stamped "Peloton" set, in the east line ofa tract of land listed in the Collin County Appraisal District as being owned by Dwight Crigger, (no record found); TITENCE with lho host lino ofsaid Villoges of Hurricane Creek tract the following bearings and distances; N 01000129"W3 387.21 feel with One east line of said Crigger tract to a common corner being a fence postfound; S 890i0'OS"Rr, &19.68 feat with the north line of snid Ctigger tract to a common corner being n fence post found; N 02034'09"E, 1187.49 feet, to apron rod found at a commonconierof that tract of land described by deed to J. L. Rattan estate, recorded in Volume 343 page 327, of said Official Public Records Collin Cnmty Texas; THENCE N 8952601"W, 350.00 feet to a 5.78 inch iron rod with plastic cap stamped "Peloton" set in draw; THENCE, generally along said draw, N 24008102"W, 75.72 feet to a 5/8 inch iron rod with plastic cap stmnped'Peloton" set in said draw; li!� P E LOTO N '�I') LANb SOLUTIONS f 0376 JOn N IN, Flriar ST Da. E 4 Po I rP ISCO, rx l50 ]31 i 64Ri 1 i CC0 Thence N 01°42'SO"E, at 1801.15 feet a 5/S inch iron rod with cap stamped "Peloton", set as witness, in nil 1901.15 feet, with the east line of said Rattan tract to the approximate Center of Hurcicane Creek; THENCE N 56°39'S9"E, 4L71 feet along the approximate center ofHumicone Cteek; THENCE N SS°59'33"E, nt 100.00 feetto a 5/S hrch iron rod with cap Stamped "Peloton" set as witness, in all 427.28 feet, with the south line of that tract of land described by deed to Marquht M. Payne, atilt recorded in Volume 308 Page 310 and Volume 324 Page 120 both of tine Official Property Records Collin County Texas, to an iron rod found; THENCE N S8° 18'31"E, 742.86 feet to an iron rod fonnd; THENCE N 89'OS'29"E,1757.67 feet to nu icon rod fouud at Ole norOiensl comer of aforementioned Villages of Hurricane Creek tract and the northwest comer of aforementioned Collhis tract; TIIENCE N 8S°IS'S0"E, 793.96 feet with the north line of said Collins tract, continuing frith the south lire of said Payne tract, to an iron rod found atthe southeast comer of said Payne tract, iu the west line of that tract of land described by deed to Jan Sherley Miller, recorded in Volume 2667 Page 671 said Official Property Records Collin Comity Texas; THENCE S 00042'12"E, 232.14 feet with the east line ofsaid htiller tract, ton 5/8 inch iron rod found at the southwest comer of said Miller tract THENCE N 89'04''16"E, ll 64.38 feet, with the south line of said Miller tract to an iron rod fouud at the norOtx'est comer of that tract ofland descr bed by deed to no Amon T\vo, recorded in instrument ntmrber 20070201000151610 of said Official Property Records Collin County Texas; THENCE with the west line of said One Anna Two tract the following courses and distances: S 02005139"E, 55,88 feet to an iron rod found of the beginning of a curve to the right; \vith said curve to the right, an are distance of 205.60 feet, through a central angle of IG°491441t, having a radius of 700.00 feet, the long chord which bears S 06°27'08"W 204,87 feet ton i iron rod found; S 1404737"W, 121.39 feet to on iron rod found at the beginning of a curve to the left; with said curve to the left, an are distance of 205.59 feet, through a central angle of 16°49'39", having a radius of 700.00 feet, the long chord which bears S 06°28'09"W, 204.85 feet to an iron rod frond; S 02000144"E, 201,29 feet to nn iron rod found at (lie beginning of a curve to the right; Leith said curve to the right, an are distance of 116A3 feet, through a central angle of 09°3114811, having a radius of 699.99 feet, the long chord which bears S 02049'59"W, 116.30 feet to an iron rod found; S 07036610"W, 394,08 feet to an boon rod found at the beginning of a curve to the tell; with said curve to the left, ran arc distance of 101.69 feet, through a central angle of 08019'23", Laving a radius of 700.03 feet, the long chord which bears S 03023'47"W, 101.60 feet to an iron rod; S 00046153"E, 1035.21 feet to on iron rod found at the beginning of a curve to the right; with said carve to the right, an are distance of 531.20 feet, through a central angle of 43°28'45" , having a radius of 700.00 feet, the long chord which bears S 2005927"\V, 518,54 feet to rat iron rod found; S 42040'43"W, 24LIN feet to au imn rod found at the beginning of a curve to the right; with said curve to the right, on arc distance of 189.73 feet, through a central angle of 15°31'48", having a radius of 700.00 feet, the long chord which bears S 50028'21"W, 189.151eet to a i iron rod found; S 58013112"W,129.24 feet to an iron rod found at the beginning of a curve to the Ion; with said curve to the left, an are distance of 209.60 feet, through a cooled angle of 24001,08", hoving a radius of 500.00 feet, the long chord which bears S 10040'11"W, 208.07 feet to all iron prod found; THENCE S 01025138"E, 540.50 feel to an iron rod found in the aforementioned North Right of - Way line of FM 455 (West White Street); THENCE S 88022'05"W, with the North Right -of -Way line of said FM 455 (WestWUite Street) 2.31 A5 feet, to or iron rod found; THENCE S 88048'45"W, 135:13 feet, continuing with said North Right•of-Way line of FM 455 (Nest White Street) to the POINT Or BEGINNING and containing 16,393,0410 square feet or 376.332 acres of land more or less. EXHIBIT Al -METES AND BOUNDS VILLAGES OF HURRICANE CREEK Exhibit B AUTHORIZED IMPROVEMENTS WITH THEIR ESTIMATED COSTS AND MAP V1 A W N + o l0 NN V 0 N O 3 m 0> y y y r {I z 0 r v o z z 0 m m 5 N r m ro O N w N > M m m Z c m V rotnn > O A m m N P W N o t+o r' o 0 0 o 0 0 0 0 3 m o 0 0 > N0 cri ro n �n F ((gg��� �n �n �n mr Z Z ro ➢ A A .Oro Z 7?�77 A A A I�r1 ;u 3 p p ro° n O W➢ �n ° O W C N r }1 r r IA" A 0 N N 0 XtJ ftl -1 I tyno '� 'ro a N A W r W w AO ^1 ° N a W z n ^f x � N O 10 U1 W 0wD y N w w w w j yy w 41 w O ? A fn W t0 (n N O N (Np N �pJp pJ pW Jb� A N o O O O O O O O N O t0 O 4Wi J N N 1p V Om1 W W W V N N W W N �+ + N 1NP m O � O A y� 0 w w w w w w w w N w W N W W N w N N w ro N Li N W !!� N N w N w w w pWW w O O O O O p O O O O O O O O O O O O O O O O O O O O O 0 O N N b A O 3 v v N N W w N w w N W w N m w T W J W +WI �W W Oo (NO N W m m m O O O m m m m O O O O O O O O O O O O N O N N N tp J N W W W V O m p m m m O N O O O m m m m o o m o o m O m V W m o o m m m O N O p W M ro W w N N IND y� O w N W A N + � O o 0 o w w wW w w O o w N W w N W w VI N f!1 N 61 M N O O O O O a a 0 N O O O O O O 0 O O O O O O O N o m m o o m o O �y r C 0 0 0 'n O On O O 'n 0 0 0 0 upD➢F Y A ~L VrFii^ y11 N V A p+° no mzF F Fr mn 00�0 p O O O O p � N .i �• 3 A m a m n S A o 0 m `� N ZT r O i r O Z 0 W 'z m ° nwh A N A O m N T .i. r N r N 1 X D � 's W n CD 77 jn tNo o N � W � W tyNJ {NO� tNi. W Oo� � W N pNp N A a W Oyi ti NO W .O y+ W V W NW O + o (A N th b N V O A (h N O A W N JO O. J W N W Ol yW c0 pN� fNli O O O O O O O O fWll O p Ol p N O O y W V W O) V O) W O N O V O J O W 0 N VI y W W y y W W W y fp di W W W y y W (el y y W W W V� f/1 y y W OWO (+OT N W � (mi. O O O O O O O O O O O O V O O O O O O O O O O O O O O O O 4 O J O tD 0 W � G W N W W w4 0 y fA d) y W W W W H W W ! O !l1 V W 0 � W b !VO 0 N W W W bl fA V1 y 41 fn y W N y y z 9 O O O o o O O O N O O N O O O O O O O O o O O O O W O N V o 0 o O o o O O OD O W O y W o 0 0 0 0 0 o V o W y W o 0 0 0 0 0 0 0 o y y y y y y V O O O O O W O O O O O O O O 0 0 o 0 o o Exhibit C AMENITY CENTER HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 33 � o n � y � u � V O 0 b- �d rn �' i ,tt .A tTat Lb ppo nA uk N w N N p 0 Exhibit D -1 ROADWAY IMPROVEMENTS — PHASE 1 I-Ii712RICANE CREEK SUBDIVISION IlVIl'ROVIiiMENT AGItl+;EM�NT —Page 34 i 120' ROW 2 - 25' B-B LANES j I I $0' ROW 2 - 25' B-B LANES I PROP. 12' TURN LANE WITH 4' SHOU DER THE PHASE 1 OFFSITE ROADWAY FACILITIES SHALL INCLUDE THE FOLLOWING: 1) A 12 FOOT BY 510 FOOT ASPHALT TURN LANE WITH 4 FOOT SHOULDER LOCATED ON THE NORTH SIDE OF FM 455 AS DEPICTED, 2) CONSTRUCTION OF A PORTION OF CR 368 AS DEPICTED WHICH SHALL BE LOCATED IN A 120 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND WHICH SAHLL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES DIVIDED BY A RAISED MEDIAN, 3) CONSTRUCTION OF THE OFFSITE PORTION OF THE COLLECTOR "B" ROADWAY AS DEPICTED WHICH SHALL BE LOCATED IN AN 80 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND WHICH SHALL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES DIVIDED BY A RAISED MEDIAN. 4) PERIMTER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO ALL DIVIDED ROADWAYS, 5) STREET LIGHTING WITHIN ALL RAISED MEDIANS SHALL BE PROVIDED AS PART OF THE REQUIRED ROADWAY IMPROVEMENTS, ELECTRIC SERVICE LINES FOR STREET LIGHTS SHALL BE LOCATED UNDERGROUND. THE FINAL LOCATION AND ALIGNMENT OF THE PHASE 1 OFFSITE ROADWAY FACILITIES SHALL BE SUBJECT TO APPROVAL BY THE CITY. THE DESIGN AND CONSTRUCTION OF THE PHASE 1 OFFSITE ROADWAY FACILITIES SHALL CONFORM TO THE MOST CURRENT CITY REGULATIONS. STATE OF TEXAS REGULATIONS SHALL APPLY WHERE APPLICABLE. EXHIBIT D1 - ROADWAY IMPROVEMENTS PHASE 1 ROADWAY PELOTON VILLAGES OF LAND SOLUTIONS 1 Qi151QN1\V.EWOTT 00. STE.2f01 ifU5CO3 TX15013 I46¢213-1100 HURRICANE CREEK Exhibit D -2 ROADWAY IMPROVEMENTS — SUBSEQUENT PHASES IIUItI2ICANE CREED SUBDIVISION IMPROVEMENT AGREEMENT —Page 35 DLJ J.W^` ®.� r..� `io �p�. z f PHASE 2 JJI,..�.i�_.®..I�I.I.LJ.I�Im.C(®iC. =pJ J/ �JT1=I I FI I ; 111 J.LI 1 THE COLLECTOR "B" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING: 1) CONSTRUCTION OF THE COLLECTOR "B" ROADWAY AS DEPICTED WHICH SHALL BE LOCATED IN AN 80 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND WHICH SHALL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES DIVIDED BY A RAISED MEDIAN, 2) PERIMETER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO COLLECTOR "B", 3) STREET LIGHTING WITHIN ALL RAISED MEDIANS SHALL BE PROVIDED AS PART OF THE REQUIRED ROADWAY IMPROVEMENTS. ELECTRIC SERVICE LINES FOR STREET LIGHTS SHALL BE LOCATED UNDERGROUND. STREET PAVEMENT ROW LENGTH PHASE ® COLLECTOR B 2 @ 25' B-B 80' 2155 LF 1 COLLECTOR B 2 on 25' B-B 80' 285 LF 2 TOTAL 2440 LF 0 EXHIBIT D2 -COLLECTOR "B" ROADWAY IMPROVEMENTS P E LOTO N 10.9i6 J011`! Y!, ElUOiTbP. SlE 4N1 FAISCOjT%i50311A6431},CN VILLAGES OF HURRICANE CREEK 0 600 1600 GRAPHIC SCALE IN FEET v 4,j i yC �� � (I�C1J��, <.� i�f It � ♦ �F�r•imt �•fl t� AICT! i �ME i ~�r[1i'fIT r- Wig' ��.I�1.. J �L I T_ L' �I'11=1 i�.l II��� III.,ou rem THE COLLECTOR "C" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING; 1) CONSTRUCTION OF THE COLLECTOR "C" ROADWAY AS DEPICTED WHICH SHALL BE LOCATED IN AN 60 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, ANb WHICH SHALL INCLUDE THE CONSTRUCTION OF A 37 FOOT WIQE (B-B) CONCRETE STREET. STREET PAVEMENT ROW LENGTH PHASE COLLECTOR C 1 @ 37' B-B 60' 1647 LF 1 ® COLLECTOR C 1 @ 37' B-B 60' 2713 LF 2 TOTAL 4360 LF EXHIBIT D3 -COLLECTOR "C" ROADWAY IMPROVEMENTS I ! I ljtLOTON VILLAGES CIF �00 IO LAND SOLUTIONS HURRICANE CREEK GRAPHIC SCALE IN FEET 1WS JOHNW, MIOT OR SM,4W i FNSCO, U 7W3)14M I}I W 1 n� t.lL[fjwim ol ' 1 rfLT],G��l f THE COLLECTOR "D" ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING; 1) CONSTRUCTION OF THE COLLECTOR "D" ROADWAY AS DEPICTED WHICH SHALL BE LOCATED IN AN 60 FOOT WIDE RIGHT-OF-WAY DEDICATED TO THE CITY, AND WHICH SHALL INCLUDE THE CONSTRUCTION OF A 37 FOOT WIDE (B-B) CONCRETE STREET, STREET PAVEMENT ROW LENGTH EXHIBIT D4 -COLLECTOR "D" ROADWAY IMPROVEMENTS /;� Is! PELOTON VILLAGES OF o 800 1600 I � LAND SOLUTIONS HURRICANE CREEK 1075 JOH`t W. ELJOTTOR STE I001 FPISCO,TX16013 1469 4111L00 GRAPHIC SCALE IN FEET �J . I . t 1..L 1® I / o ' 1i I ®ir..10 y' PHI ��� 'Ky .� r,�]� ��N� n �lJ�l.�lT.lal�.; O D luj lt¢ THE FM 455 ROADWAY IMPROVEMENTS SHALL INCLUDE THE FOLLOWING: 1) CONSTRUCTION OF A PORTION OF FM 455 AS DEPICTED WHICH SHALL BE LOCATED IN A 120 FOOT WIDE RIGHT-OF-WAY, AND WHICH SHALL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES DIVIDED BY A RAISED MEDIAN PER TXDOT REGULATIONS, FROM US 75 TO CR 368. 2) PERIMETER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO FM 455. 3} IF ALLOWED BY TXDOT, STREET LIGHTING WITHIN THE RAISED MEDIAN SHALL BE PROVIDED AS PART OF THE REQUIRED ROADWAY IMPROVEMENTS. ELECTRIC SERVICE LINES FOR STREET LIGHTS SHALL BE LOCATED UNDERGROUND. STREET ROW LENGTH :: � � FM 455 120' 1200 LF EXHIBIT D5 - FM 455 ROADWAY IMPROVEMENTS ''I'i t�ELOTC)N VILLAGES OF I LAND So��T,oNs HURRICANE CREEK 10375 JOIIN V!. ElllOTT OR STF 4001 FPISCO, T%750ii I Ib4RiNCW , o aoo ,sao GRAPHIC SCALE IN FEET Exhibit E HOME BUYER DISCLOSURE PROGRAM The Administrator (as defined in the Service and Assessment Plan) shall facilitate notice to prospective homebuyers in accordance the following notices. Administrator shall monitor the enforcement of the following minimum requirements: 1. Record notice of the special assessment district in the appropriate land records for the property. 2. Require builders to include notice of the special assessment district in addendum to contract on brightly colored paper. 3. Collect a copy of the addendum signed by each buyer from builders and provide to the City. 4. Require signage indicating that the property for sale is located in a special assessment district and require that such signage be located in conspicuous places in all model homes, 5. Prepare and provide to builders an overview of the District for those builders to include in each sales packets. 6. Notify builders who estimate monthly ownership costs of the requirement that they must include special taxes in estimated properly taxes. 7. Notify Settlement Companies through the builders that they are required to include special taxes on HUD 1 forms and include in total estimated taxes for the purpose of setting up tax escrows, 8. Inchlde notice of the special assessment district in the homeowner association documents in conspicuous bold font. 9. The City will include announcements of the special assessment district on the City's web site and coimnunity channel. 10. The disclosure program shall be monitored by the Developer and Administrator. HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 36 Exhibit F LANDOWNER AGREEMENT IIURRICANE CREEK SUBDIVISION IlVIPROVEMENT AGREEMENT —Page 37 LANDOWNER AGREEMENT This LANDOWNER AGREEMENT among the City of Anna, the State of Texas (the "State"), and "Landowner"). (the "Agreement"), is entered into as of Texas (the "City"), a home -rule municipality of a Texas (the RECITALS: WHEREAS, Landowner owns the Assessed Parcels described by a metes and bounds description attached as Exhibit A to this Agreement and which is incorporated herein for all purposes, comprising all of the non-exempt, privately -owned land described in Exhibit A (the "Landowner Parcel") which is cotermuious with the Villages of Hurricane Creek Public Improvement District (the "District") in the City; and WHEREAS, the City Council has adopted an assessment ordinance for the Authorized Improvements (including all exhibits and attachments thereto, the "Assessment Ordinance") and the Service and Assessment Plan included as an exhibit to the Assessment Ordinance (the "Service and Assessment Plan") and which is incorporated herein for all purposes, and has levied an assessment on each Assessed Parcel in the District (as identified in the Service and Assessment Plan) that will be pledged as the security for the payment of bonds or other obligations (the "Bonds") to be issued for the purpose of paying the costs of constructing the Authorized Improvements that will benefit the Assessed Property (as defined in the Service and Assessment Plan); and WHEREAS, the Covenants, Conditions and Restrictions attached to this Agreement as Exhibit C and which are incorporated herein for all purposes, include the statutory notification required by Texas Property Code, Section 5.014, as amended, to be provided by the seller of residential property that is located in a public improvement district established under Chapter 372 of the Texas Local Government Code, as amended (the "PID Act"), to the purchaser. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, obligations and benefits hereinafter set forth, the City and the Landowner hereby contract, covenant and agree as follows. DEFINITIONS; APPROVAL OF AGREEMENTS Definitions. Capitalized terms used but not defined herein (including each exhibit hereto) shall have the meanings ascribed to them in the Service and Assessment Plan. Affirmation of Recitals. The findings set forth in the Recitals of this Agreement are hereby incorporated as the official findings of the City Council, I. AGREEMENTS OF LANDOWNER A. Affirmation and Acceptance of Agreements and Findings of Benefit. Landowner hereby ratifies, confirms, accepts, agrees to, and approves. (i) the creation and boundaries of the District, and the boundaries of the Landowner's Parcel which are coterminous with the District, all as shown on Exhibit A, and the location and development of the Authorized Improvements on the Landowner Parcel and on the property within the District; IIUI2I2ICANE CREED SUBDIVISION IMPROVEMENT AGREEMENT —Page 38 (ii) the determinations and findings as to the benefits by the City Council in the Service and Assessment Plan and the Assessment Ordinance; (iii) the Assessment Ordinance and the Service and Assessment Plan. B. Acceptance and Approval of Assessments and Lien on PropertX. Landowner consents to, agrees to, aclaiowledges and accepts the following: (i) each Assessment levied on the Landowner's Parcel within the District, as shown on the assessment roll attached as Appendix _ to the Service and Assessment Plan (the "Assessment Roll"); (ii) the Authorized Improvements specially benefit the District, and the Landowner's Parcel, in an amount in excess of the Assessment levied on the Landowner's Parcel within the District, as such Assessment is shown on the Assessment Roll; (iii) each Assessment is final, conclusive and binding upon Landowner and any subsequent owner of the Landowner's Parcel, regardless of whether such landowner may be required to prepay a portion of, or the enti mrety of, such Assessment upon the occurrence of a mandatory prepayment event as provided in the Service and Assessment Plan; (iv) the obligation to pay the Assessment levied on the Landowner's Parcel owned by it when due and in the amount required by and stated in the Service and Assessment Plan and the Assessment Ordinance; (v) each Assessment or reassessment, with interest, the expense of collection, and reasonable attorneys fees, if incurred, is a first and prior lien against the Landowner's Parcel, superior to all other liens and monetary claims except liens or monetary claims for state, county, school district, or municipal ad valorem taxes, and is a personal liability of and charge against the owner of the Landowner's Parcel regardless of whether such owner is named; (vi) the Assessment lien on the Landowner's Parcel is a lien and covenant that runs with the land and is effective from the date of the Assessment Ordinance and continues until the Assessment is paid and may be enforced by the governing body of the City in the same manner that an ad valorem tax lien against real property may be enforced by the City; (vii) delinquent installments of the Assessment shall incur and accrue interest, penalties, and attorneys fees as provided in the PID Act; IIURI2ICANE CR�PI� SUBDIVISION IlVIPROVEMENT AGRI;1•;MENT —Page 39 (viii) the owner of an Landowner's Parcel may pay at any time the entire Assessment, with interest that has accrued on the Assessment, on any parcel in the Landowner's Parcel; (ix) the Annual Installments of the Assessments (as defined in the Service and Assessment Plan and Assessment Roll) may be adjusted, decreased and extended; and, the assessed parties shall be obligated to pay their respective revised amounts of the annual installments, when due, and without the necessity of further action, assessments or rcassessments by the City, the same as though they were expressly set forth herein; and (x) Landowner has received, or hereby waives, all notices required to be provided to it under State law, including the PID Act, prior to the Effective Date (defined herein). C. Mandatory Pre ayment of Assessments. Landowner agrees and acknowledges that Landowner may have an obligation to prepay an Assessment upon the occurrence of a mandatory prepayment event, as provided in the Service and Assessment Plan. D. Notice of Assessments. Landowner fiirther agrees as follows: (i) the Covenants, Conditions and Restrictions attached hereto as Exhibit C shall be terms, conditions and provisions running with the Landowner's Parcel and shall be recorded (the contents of which shall be consistent with the Assessment Ordinance and the Service and Assessment Plan as reasonably determined by the City), in the records of the County Cleric of Collin County, as a lien and encumbrance against such Landowner's Parcel, and Landowner hereby authorizes the City to so record such documents against the Landowner's Parcel owned by Landowner; (if ) reference to the Covenants, Conditions and Restrictions attached hereto as Exhibit C shall be included on all recordable subdivision plats and such plats shall be recorded ul the real property records of Collin County, Texas; (iii) in the event of any subdivision, sale, transfer or other conveyance by the Landowner of the right, title or interest of the Landowner in the Landowner's Parcel or any part thereof, the Landowner's Parcel, or any such part thereof, shall continue to be bound by all of the terms, conditions and provisions of such Covenants, Conditions and Restrictions and any purchaser, transferee or other subsequent owner shall take such Landowner's Parcel subject to all of the terms, conditions and provisions of such Covenants, Conditions and Restrictions; and (iv) Landowner shall comply with, and shall contractually obligate (and promptly provide written evidence of such contractual provisions to the City) any party who purchases any Landowner's Parcel owned by Landowner, or any portion thereof, for HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 40 the purpose of constructing residential properties that are eligible for "homestead" designations under State law, to comply with, the Homebuyer Education Program described on Exhibit D to this Agreement. Such compliance obligation shall terminate as to each Lot (as defined in the Service and Assessment Plan) if, and when, (i) a final certificate of occupancy for a residential unit on such Lot is issued by the City, and (ii) there is a sale of a Lot to an individual homebuyer, it being the intent of the undersigned that the Homebuyer Education Program shall apply only to a commercial builder who is in the business of constructing and/or selling residences to individual home buyers (a "Builder") but not to subsequent sales of such residence and Lot by an individual home buyer after the initial sale by a Builder. Notwithstanding the provisions of this Section, upon the Landowner's request and the City's consent, in the City's sole and absolute discretion, the Covenants, Conditions and Restrictions may be included with other written restrictions running with the land on property within the District, provided they contain all the material provisions and provide the same material notice to prospective property owners as does the document attached as Exhibit C. II. OWNERSHIP AND CONSTRUCTION OF AUTHORIZED IMPROVEMENTS A. Ownership and Transfer of Authorized Improvements. Landowner acknowledges that all of the Authorized Improvements and the land (or easements, as applicable) needed therefor shall be owned by the City as constructed and/or conveyed to the City and Landowner will execute such conveyances and/or dedications of public rights of way and easements as may be reasonably required to evidence such ownership, as generally described on the current plats of the property within the District. B. Grant of Easement and License, Construction of Authorized Improvements. (i) Any subsequent owner of the Landowner's Parcel shall, upon the request of the City or Developer, grant and convey to the City or Developer and its contractors, materialmen and workmen a temporary license and/or easement, as appropriate, to construct the Authorized Improvements on the property within the District, to stage on the property within the District construction trailers, building materials and equipment to be used in connection with such construction of the Authorized Improvements and for passage and use over and across parts of the property within the District as shall be reasonably necessary during the construction of the Authorized Improvements. Any subsequent owner of the Landowner's Parcel may require that each contractor constructing the Authorized Improvements cause such owner of the Landowner's Parcel to be indemnified and/or named as an additional insured under liability insurance reasonably acceptable to such owner of the Landowner's Parcel. The right to use and enjoy any easement and license provided above shall continue until the construction of HLI]EtRICANE CREEK SUBDIVISION IMPROVEMUNT AGREEMENT —Page 41 the Authorized Improvements is complete; provided, however, any such license or easement shall automatically terminate upon the recording of the final plat for the Landowner's Parcel in the real property records of Collin County, Texas. (ii) Landowner hereby agrees that any right or condition imposed by the Iinprovement Agreement, or other agreement, with respect to the Assessment has been satisfied, and that Landowner shall not have any rights or remedies against the City under the Improvement Agreement, or under any law or principles of equity concerning the Assessments, with respect to the formation of the District, approval of the Service and Assessment Plan and the City's levy and collection of the Assessments. III. COVENANTS AND WARRANTIES; MISCELLANEOUS A. Special Covenants and Warranties of Landowner. Landowner represents and wat7ants to the City as follows: (1) Landowner is duly organized, validly existing and, as applicable, in good standing under the laws of the state of its organization and has the full right, power and authority to enter into this Agreement, and to perform all the obligations required to be performed by Landowner hereunder. (ii) This Agreement has been duly and validly executed and delivered by, and on behalf of, Landowner and, assuming the due authorization, execution and delivery thereof by and on behalf of the City and the Landowner, constitutes a valid, binding and enforceable obligation of such party enforceable in accordance with its terms. This representation and warranty is qualified to the extent the enforceability of this Agreement may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws of general application affecting the rights of creditors in general. (iii) Neither the execution and delivery hereof, nor the taking of any actions contemplated hereby, will conflict with or result in a breach of any of the provisions of, or constitute a default, event of default or event creating a right of acceleration, termination or cancellation of any obligation under, any instrument, note, mortgage, contract, judgment, order, award, decree or other agreement or restriction to which Landowner is a party, or by which Landowner or Landowner's Parcel is otherwise bound. (iv) Landowner is, subject to all matters of record in the Collin County, Texas Real Property Records, the sole owner of the Landowner's Parcel. (v) The Landowner's Parcel owned by Landowner is not subject to, or encumbered by, any covenant, lien, encumbrance or agreement which would prohibit (i) the creation of the District, (ii) the levy of the Assessments, or (iii) the construction of the Authorized Improvements on those portions of the property within the District which are F][URRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 42 to be owned by the City, as generally described on the curmut plats of the property within the District (or, if subject to any such prohibition, the approval or consent of all necessary parties thereto has been obtained). (vi) Landowner covenants and agrees to execute any and all documents necessary, appropriate or incidental to the purposes of this Agreement, as long as such documents are consistent with this Agreement and do not create additional liability of any type to, or reduce the rights of, such Landowner by virtue of execution thereof. B. Waiver of Claims Concerning Authorized Improvements. The Landowner, with full knowledge of the provisions, and the rights thereof pursuant to such provisions, of applicable law, waives any claims against the City and its successors, assigns and agents, pertaining to the installation of the Authorized Improvements. C. Notices. Any notice or other communication to be given to the City or Landowner under this Agreement shall be given by delivering the same in writing to: To the City: Attn: City Manager City of Anna, Texas 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Wolfe, Tidwell &McCoy, LLP Aun: Clark McCoy 2591 Dallas Parkway, Suite 205 Frisco, Texas 75034 And to: Attn: Bond Counsel McCall, Parldrurst &Horton, LLP 717 North Harwood, Suite 900 Dallas, TX 75201 To the Developer: CADG Hurricane Creels, LLC 1800 Valley View Lane Suite 300 Farmers Branch, Texas 75234 With a copy to: Attn: Robert Miklos Mikos Law, PLLC 1800 Valley View Lane, Suite 360 Farmers Branch, Texas 75234 Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written IIUI2RICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 43 confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the recipient as the address set forth herein. Each recipient may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this provision shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for, or actually received by, the addressee. D. Parties in Interest. This Agreement is made solely for the benefit of the City and the Landowner and is not assignable, except, in the case of Landowner, in connection with the sale or disposition of all or substantially all of the parcels which constitute the Landowner's Parcel. However, the parties expressly agree and acknowledge that the City, the Landowner, each current owner of any parcel which constitutes the Landowner's Parcel, and the holders of bonds issued by the City to finance the costs of the Authorized Improvements and which are secured by a pledge of the Assessments or any part thereof, are express beneficiaries of this Agreement and shall be entitled to pursue any and all remedies at law or in equity to enforce the obligations of the parties hereto. This Agreement shall be recorded in the real property records of Collin County, Texas. E. Amendments. This Agreement may be amended only by written instrument executed by the City and the Landowner. No termination or amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the then-curieent owners of the property within the District and recorded in the Real Property Records of Collin County, Texas, F. Effective Date. This Agreement shall become and be effective (the "Effective Date") upon the date of final execution by the latter of the City and the Landowner and shall be valid and enforceable on said date and thereafter. G. Estoppels. Within 10 days after written request from a party hereto, the other party shall provide a written certification, indicating whether this Agreement remains in effect as to the Landowner's Parcel, and whether any party is then in default hereunder. H. Termination, This Agreement shall terminate and be of no further force and effect as to the Landowner's Parcel upon payment in filll of the Assessments) against such Landowner's Parcel. [Signature pages to follow] FIUI2RICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 44 Date; EXECUTED by the City and Landowner on the respective dates stated below. CITY OF ANNA9 TEXAS By; City Manager [Signature Page Landowner Agreement] HURRICANE CREEK SUBDIVISION IMPROVEMENT AGRIJi;M_CNT —Page 45 LANDOWNER a Texas By: its manager STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on the in his capacity as Manager of lmown to be the person whose name is subscribed to the executed the same on behalf of and as My Commission Expires: day of , 2015, by foregoing instrument, and that he the act of Manager of Notary Public, State of Texas [Signature Page Landowner Agreement] RURRICANE CREED SUBDIVISION IMPROVEMENT AGREEMENT —Page 4G LANDOWNER AGREEMENT -EXHIBIT A METES AND BOUNDS DESCRIPTION OF LANDOWNER'S PARCEL HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 47 LANDOWNER AGREEMENT - EXHIBIT B SERVICE AND ASSESSMENT PLAN HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 48 LANDOWNER AGREEMENT - EXHIBIT C DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (as it may be amended from time to time, this "Declaration") is made as of by a Texas (the "Landowner"). RECITALS. A. The Landowner holds record title to that portion of the real property located in Collin County, Texas, which is described in the attached Exhibit A (the "Landowner's Parcel"). B. The City Council of the City of Anna (the "City Council") upon a petition requesting the establishment of a public improvement district covering the property within the District to be luiown as the Villages of Hurricane Creels Public Improvement District (the "District") by the then current owners of 100% of the appraised value of the taxable real property and 100% of the area of all taxable real property within the area requested to be included in the District created such District, in accordance with the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "PID Act"). C. The City Council has adopted an assessment ordinance to levy assessments for certain public improvements (including all exhibits and attachments thereto, the "Assessment Ordinance") and the Service and Assessment Plan included as an exhibit to the D. The statutory notification required by Texas Property Code, Section 5.014, as amended, to be provided by the seller of residential property that is located in a public improvement district established under Chapter 372 of the Texas Local Government Code, as amended, to the purchaser, is incorporated into these Covenants, Conditions and Restrictions. DECLARATIONS: NOW, THEREFORE, the Landowner hereby declares that the Landowner's Parcel is and shall be subject to, and hereby imposes on the Landowner's Parcel, the following covenants, conditions and restrictions, 1. Acceptance and Approval of Assessments and Lien on Property: (a) Landowner accepts each Assessment levied on the Landowner's Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorneys fees, if incurred) is (a) a first and prior lien (the "Assessment Lien") against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal ��Ilt���[N�►`IDt�1�DIDICt.Y11.�]i��(.Y[�)►`/lul'��Z�]�/DI►IID�►YII_�!`1.�WDi►�IDI►`ills' , • • ��: liability of and charge against the owners of the property to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem property tax levied against real property that may be enforced by the City. The owner of any assessed property may pay, at any time, the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien on property within the District will not extinguish the Assessment or any unpaid but not yet due annual installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due amival installments of the Assessment. It is the clear intention of all parties to these Declarations of Covenants, Conditions and Restrictions, that the Assessments, including any annual installments of the Assessments (as such annual installments may be adjusted, decreased or extended), are covenants that run with the Landowner's Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any annual installment of the Assessment, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection. 2. Landowner or any subsequent owner of the Landowner's Parcel waives: (a) any and all defects, irregularities, illegalities or deficiencies in the proceedings establishing the District and levying and collecting the Assessments or the annual installments of the Assessments; (b) any and all notices and time periods provided by the PID Act including, but not limited to, notice of the establishment of the District and notice of public hearings regarding the levy of Assessments by the City Council concerning the Assessments; (c) any and all defects, u7egularities, illegalities or deficiencies in, or in the adoption of, the Assessment Ordinance by the City Council; (d) any and all actions and defenses against the adoption or amendment of the Service and Assessment Plan, the City's finding of a `special benefit' pursuant to the PID Act and the Service and Assessment Plan, and the levy of the Assessments; and (e) any right to object to the legality of any of the Assessments or the Service and Assessment Plan or to any of the previous proceedings connected therewith which occurred prior to, or upon, the City Council's levy of the Assessments. IIURRICANE CRl;T';K SUBDIVISION IMPROVI<rNi1;NT AGIt1+;EM1;NT —Page 50 3. Amendments: This Declaration may be terminated or amended only by a document duly executed and acknowledged by the then -current owner(s) of the Landowner's Parcel and the City. No such termination or amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the parties by whom approval is required as set forth above and recorded in the real Property Records of Collin County, Texas. 4. Third Party Beneficiary: The City is a third party beneficiary to this Declaration and may enforce the terms hereof. 5. Notice to Subsequent Purchasers: Upon the sale of a dwelling unit within the District, the purchaser of such property shall be provided a written notice that reads substantially similar to the following: TEXAS PROPERTY CODE SECTION 5.014 NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS CONCERNING THE PROPERTY AT [Street Address] As the purchaser of this parcel of real property, you are obligated to pay an assessment to the City of Anna, Texas, for improvement projects undertaken by a public improvement district under Chapter 372 of the Texas Local Government Code, as amended. The assessment may be due in periodic installments. The amount of the assessment against your property may be paid in full at any time together with interest to the date of payment. If you do not pay the assessment in full, it will be due and payable in annual installments (including interest and collection costs). More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the City of Anna, 111 N. Powell Parkway, Anna, Texas 75409 Your failure to pay the assessment or the annual installments could result in a lien and in the foreclosure of your property. Signature of Purchasers) Date: The seller shall deliver this notice to the purchaser before the effective date of an executory contract binding the purchaser to purchase the property. The notice may be given separately, as part of the contract during negotiations, or as part of any other notice the seller delivers to the purchaser. If the notice is included as part of the executory contract or another notice, the title of the notice prescribed by this section, the references to the street address and date in the notice, and the purchaser's signature on the notice may be omitted. EXECUTED by the undersigned on the date set forth below to be effective as of the date first above written. LANDOWNER HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 51 a Texas By: its manager STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on the _day of in his capacity as Manager of be the person whose name is subscribed to the foregoing instrument, same on behalf of and as the act of Manager of My Commission Expires: 20_, by luiown to and that he executed the Notary Public, State of Texas HURRICANE CREEK SUBDIVISION IMPROVElVII;NT AGREEMENT —Page 52 LANDOWNER AGREEMENT -EXHIBIT D HOMEBUYER EDUCATION PROGRAM As used in this Ext D, the recorded Notice %J the Authorization and Establishment of the Villages of Hurricane Creels Public Improvement District and the Covenants, Conditions and Restrictions in Exhibit C of this Agreement are referred to as the "Recorded Notices." 1. Any Landowner who is a Builder shall attach the Recorded Notices and the final Assessment Roll for such Assessed Parcel (or if the Assessment Roll is not available for such Assessed Parcel, then a schedule showing the maximum 30 year payment for such Assessed Parcel) as an addendum to any residential homebuyer's contract. 2. Any Landowner who is a Builder shall provide evidence of compliance with 1 above, signed by such residential homebuyer, to the City. 3. Any Landowner who is a Builder shall prominently display signage in its model homes, if any, substantially in the form of the Recorded Notices. 4. If prepared and provided by the City, any Landowner who is a Builder shall distribute informational brochures about the existence and effect of the District in prospective homebuyer sales packets. 5. Any Landowner who is a Builder shall include Assessments in estimated property taxes, iI such Builder estimates monthly ownership costs for prospective homebuyers. HURRICANE CREEK SUBDIVISION IlVIPROVEMENT AGREEMENT —Page 53 Exhibit G NEIGHBORHOOD TRAILS PLAN HURRICANE CREEB SUBDIVISION IMPROVEMENT AGREEMENT —Page 54 C91_'_ Cg17MTOR�f FUTUCITY PARK �i�11 P E LOTO N I ' LANb SOLUTIONS 1tUl6 JOH.V\Y. ftJiOTTOR STE.1D01 Fl115CO3iX750331164PI}1800 THE NEIGHBORHOOD TRAILS SHALL INCLUDE AN 8 FOOT WIDE CONCRETE HIKE AND BIKE TRAIL ALONG THE APPROXIMATE ROUTE DEPICTED. THE FINAL LOCATION AND ALIGNMENT OF THE NEIGHBORHOOD TRAILS SHALL BE SUBJECT TO APPROVAL BY THE CITY, THE DESIGN AND CONSTRUCTION OF THE NEIGHBORHOOD TRAILS SHALL CONFORM TO THE MOST CURRENT CITY REGULATIONS. _lJ L-��_L_I_LLJJ u r-rTrnVl i t- 8' CONC TRAIL EXHIBIT G -NEIGHBORHOOD TRAILS PLAN VILLAGES OF HURRICANE CREEK THE FINAL LOCATION AND ALIGNMENT OF THE NEIGHBORHOOD TRAILS SHALL BE SUBJECT TO APPROVAL BY THE CITY, THE DESIGN AND CONSTRUCTION OF THE NEIGHBORHOOD TRAILS SHALL CONFORM TO THE MOST CURRENT CITY REGULATIONS. 101 > �1 [T1T1T1J - 4 - Raj FUTURE _ _ PARK , c0(\ Ei�61 P E LOTO N ' � LAND SOLUTIONS iW75 JOHNW, EJLOTTOR. WE. 4WI ERISCO,TK M3J146 2WM FUTURE aTv PMK EXHIBIT G1 -PUBLIC TRAILS PLAN VILLAGES OF HURRICANE CREEK 8` CONC TRAIL Exhibit H-1 OVERSIZED SANITARY SEWER FACILITIES HURRICANE CREED SUBDIVISION IlVIPROVEMENT AGREEMENT —Page 55 THE FINAL LOCATION AND ALIGNMENT OF THE OVERSIZED SANITARY SEWER FACILITIES SHALL BE SUBJECT TO APPROVAL BY THE CITY, THE DESIGN AND CONSTRUCTION OF THE OVERSIZED SANITARY SEWER FACILITIES SHALL CONFORM TO THE MOST CURRENT CITY REGULATIONS. 41 it 2 its ER i 0 lit /: \ O2 EWER it 15" SEWER 12" SEWER °o� PROP LIFT STATION � �' (SEE H-2) r raj 75 li!I � E LOTO N I' LAND SOLUTIONS 16915 JO11t1Yl. ELUOTTDR.SIE.4p61 FPISLO, TX'l60J]IA6�21}1600 EXHIBIT H-1 -OVERSIZED SANITARY SEWER FACILITIES VILLAGES OF HURRICANE CREEK 0 600 1600 GRAPHIC SCALE IN FEET Exhibit H-2 OFFSITE SANITARY SEWER FACILITIES IIITRRICANI+; CRT;EK SUBDIVISION IMPROVElYI1;NT AGREEMENT —Page 56 ..� Lx 1(too w fjs F SEE EXHIBIT H-1 .✓ S �.. _ .. �... e.. /,• Jam, - :. -.w� ®..�._o.lr._�..m h to PROPOSED LIFT STATION 8" FORCE MAIN PROPOSED FORCE RIAIN THE PROJECT LISFT STATION SHALL BE DESIGNED AND CONSTRUCTED WITH SUFFICIENT CAPACITY TO SERVE THE PROPERTY IN A FULLY DEVELOPED CONDITION WITH A MINIMUM CAPACITY OF 0.90 MGD. THE PROJECT LIFT STATION SHALL BE DESIGNED AND CONSTRUCTED TO ACCOMMODATE A FUTURE EXPANSION TO 2.0 MGD. THE FINAL LOCATION AND ALIGNMENT OF THE OFFSITE SANITARY SEWER FACILITIES SHALL BE SUBJECT TO APPROVAL BY THE CITY. THE DESIGN AND CONSTRUCTION OF THE OFFSITE SANITARY SEWER FACILITIES SHALL CONFORM TO THE MOST CURRENT CITY REGULATIONS. LAND SOLUTIONS ipf15 JOHH lY. ELLIOTT DR STE 400I iHISCO, T%TW 331 J642111[CO PROPOSED US 76 GRAVITY AIAIN EXHIBIT H-2 - OFFSITE SANITARY SEWER FACILITIES VILLAGES OF HURRICANE CREEK EXISTING THROCKAIORTON CREEK LIFT STATION ♦♦ o *1000 z000 Gf2APHIC SCALE IN FEET Exhibit H-3 THROCKMORTON CREEK SANITARY SEWER INTERCEPTOR HTJI212ICANE CREEK SUBDIVISION IlVIPROVEMENT AGREEMENT —Page 57 Exhibit I PHASE I DEVELOPMENT PLAN IIURI2ICANE CREED SUBDIVISION IlVIPROVEMENT AGREEMENT —Page 58 If r 152 LOTS �iil P E LOTO N ' � LAND SOLUTIONS iN76 JOHH W. EW OR ORS]E 4G01 FAISCO.IX]50331d63213•i000 O EXHIBIT I -PHASE 1 DEVELOPMENT PLAN VILLAGES OF HURRICANE CREEK T I ff_ I.p, 0 600 1600 GRAPHIC SCALE IN FEET Exhibit J PENDING ZONING APPLICATION FIITRRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT —Page 59 IF I PELOTON LAND SOLUT10NS August 15, 2014 Maurice SChwanke Director of Planning and Development City of. Anna 101 N. Powell Pkwy PO Box 776 Anna, TX 75409 RE: Villages of Hurricane Creek Zoning Submittal - Letter of Intent Dear Mr, Schwanke, On behalf of Centurion American IpIII we respectfully request your consideration of the attached Planned Development (PD) zoning application for the above referenced project. This zoning IF "IFFIO submFI ittal consists of F.approIF ximately 368toIF taIF l acres of land within the Gty of.Anna -TIF he uses proposed IF I forthe Property follow th'e intent ofthe City of Anna --Comprehensive. Plandated March 2010. It is the intent of the Planned Development (PD) to offer greater flexibility for residenIF tial development. The purpose of the district into create a master planned community featuring a mixture of housing typeIF s in a manner that will encourage sustainable neighborhoods and attract investment to the area Proposed in.this PD are integrated parks and open space to preserve areas designated within the 100-yearIF floodplain,'This will protect existing stream corridors and other physical assets as amenities, A fire I IF. I IFIF station will be incorporated in the development as well as amenity centerIFIF The Villages of Hurricane Creek will include a specific lot type i%n order to achieve the.goals established for the districtIF . The .SF-84lots will vary from 10—100':in width and from 120' —150' in depth withlot .sizes at a minimum of.8,400 square feet, We anticipate this PD will bring a vital addition to the City of Anna and we look forward to working with your staff on this project. since I I IF IF,IF Fk Shea Kirkman, PE. TBPE FIRM NO. 12207 10675 10HN W. ELLIOTT DR. 1 SUITE 400 1 FRISCO, TEXAS 75033 1 469.21341800 TBPLS FIRM NO. 10193958 P E LOTO N L A N Q. C O M To Applicant: You must- l. Set an appointment with the Planning and Development's office a 972-9243325, to meet with the Director` of Planning & ,Development to review the zoning process and requirements. 2. Submit application, legal description with surveyor's stamp, map showing location of property, a list Oproperty owners (name and address) within 200 feet and the application fee. The application fec js NOT refundable. Receipt of documents does not constitute acceptance or approval. 3. - Applications) will NOT be accepted unless a meeting has been completed. �;onunisszons reco IN Zoninji Change 0 Specific Use Permit ® Planned Development • NOTE; Failure toobtain final approval on this case within six months may constitute denial or withdra\� at of this case by Council or Staff without refund of fees. Fees required for this application established by the City of Anna must be submitted simultaneously with this application for acceptance. Pees: Zoning - $300, plus $10 per acre Planned Development -$500, plus $30 per acre Specific Use - $300 plus $10 per acre, Zoning Compliance Inspection - $100 ,on Verification Letter -M 00 Site Plan - S250 one acre or less S300 more than one acre Request Information Location. Generally at the Northwest quadrant of FM 455 & IH 75 *Subdivision. Villages of -Hurricane Creek Lot No. Block No. Size of Request �nToo on **caa attarhmPnt Notary Public In ag rorth� Sfa of Texas. My Commission Expires: v�11`u,\� THOMAS J. PARKH1Ll. My Commission Expires January t8, 2015 t� 1-1a Villages of Hurricane Creels, LP support the rezoning application as requested by Centurion Acquisitions, LP, the Applicant and Purchaser, with the understanding that any Zoning Change, Development Agreement, PID and TIRZ finance Plan approved by the Anna City Council shall be placed into a pending status until Centurion Acquisitions, LP has closed the acquisition of the Property and :fee simple title is in the name of the Purchaser and until such time, no "Levy on the Property" by the creation of a PID "Hurricane Public Improvement District Number One" shall be applied, adopted or enacted upon the subject property. CITY OF ANNA DISCLOSURE OF INTERESTS DISCLOSURE QUESTIONS A. Do you believe that a CIty official* or City employee** may have a conflict of interests the property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of interest in the property or application referenced on reverse side. *Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of Adjustment members. **City Manager, City Secretary, City Attorney, and all department heads CITY OF.ANNA DISCLOSURE OF. INTERESTS The a iicant and the owner shall both Lue statements in those cases where the dwvlicant does not own the roe which is the sub'ect of consideration or action. Every question must e answered. -If the question is not applicable, answer with "N/A". DISCLOSURE QUESTIONS A. Do you bel(eve that a City official* or City employee** may have a conflict of interei e property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a /conflict of interest in the property or application referenced on reverse side. n.%// 1 C. State Nh information upon which you base the belief (use additional paper, if necessary). *Mayor, City Council members, Planning and Zoning Commission members, and Zoning Board of Adjustment members, *City Manager, City Secretary, City Attorney, and all. department heads CITY OF ANNA DISCLOSURE OF INTERESTS e a i cant and the owner shall both file statements in those cases where the applicant does not own the property which is tile subject of consideration or action Every question must Be answered. If the question is not applicable, answer with "N/A". DISCLOSURE QUESTIONS A. Do you believe that a City official* or City employee** may have a conflict of interest in Lite property or application referenced on the reverse side? Yes No B. If so, state the name of each City official or employee of the City of Anna known by you that may have a conflict of Interest in the property or application referenced on reverse side. N �- C. State ail lnformatloii upon which you base the belief (use additional paper, if necessary). N /A I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be 1. promptly submitted to the City of Anna, Texas, as changes occur. Name of Certifying Title of Certifying Signature of Certifying Person; *Mayor, City Council members, Planning and Zoning Commiss(on members, and Zoning Board of _ Adjustment members. **City Manager, City Secretary, City Attorney, and all department heads Exhibit K PREVIOUS FACILITIES AGREEMENT HURRICANE CREEK SUBDIVISION IlViPROVEMENT AGREEMENT —Page GO f"fUR"i(„cve Car%eefL. 'A 0;) 0 ra"Jai 'ITES A.G,T#t✓EMENz' T ilS A.CILiTIlW3 AGIZpIJAiIFNT (this "AAacemene is entered irtto as of the i✓f1'eCtive Date (hereittafter defaied) by and betureen. the CITY Ob AI'VWAV TEXAS, a municipal co r existing tm&r 0f laws of the State of Texas (tire " ')y and VTLLAGfiS � HURRICANE El4, LP, limitedpartnership, an&or its assigns (Collectively, `Revelo l�EC1TALS: - Developer desires to clevelUp two tMots Qf land looated witharr F the pity and nsistirtg of x atefy ?� acrrs COMMOnly known as file 81`R&CY/Weaver tracts {collectively= the `4pr�zl� , which tracts are illustrated on Exbihit A. The Propctt�r'g eastern tract~ cogun4 F - fcudwn as the Bradley tract, consists �of 11�4 sores described by .metes aid bairns$ on Exhibit f3. The Property's western tract, sConimor* known as the Weaver tract#, c:c}nsists e� 262 acres dCsezibecl by metes and boluitls an ExFtibit , .)eveloper QIAMs the 1 Wpi3rty. Be Developer desires to develop the Property to iaclIlde an e5#it;ifited I,E�Z7 single fam tots and six acres ofretsil. development (collectively, the "D�ily ��ent'=}. c- On JU1y 8, 2003, the City approved a pre]im,nary Piet of the Weaver tract {the ��� F'irelimi pley at'°), On l;ebruwy 11, .2oo3, the City approved a relimin aty pla of the tract (the "] ra ley p]:ehnl' Plat" and together with the W�a rer �'rall tninar F Plat, t ] " ixta flats` . T C Preliminary Plats, as extended by the City an January 20, 7t N, pursuant try Section 4,3 Of the pity}s subdivision ordinance, expire .i�nuary 2t}, ��iQS. Tate PxeFimmary flats include develiapmetit rights that axe consistent with the proposed Development, D. Development of the .Property requires the wnstractzpn of water, sanitary sewer, and toad ltnprpvem��rits shotivn On hiksit D and describer, a8 follows (0e11eet, y. the rovetrcents"); (il a storage tank and associated water lines (the "L�atf;r ir]xprove��]ts}'} (li) lift stations, force .marns af]d gravity liar, (the `TLgg_, ewater )zn r�tivetn�t�"}; (rii} a �(i-fcK,t wide right•of-way far a Rart#r eastmwest connection and a sout eastmwest conttectian to be Mistrnvte#i as 25-foot edge-to-ed.ge s�ectians (eollectively, the "Conil ox loads") an a Rurricane Creelc eomectior], extending from .l" f 455 north. 770 linear feet (collectively, the 0rrt#cctor Roads steel the HurrZele Creek connection are the °goad t]m ravements' ; and (iv) arty off site wastewater treatrnent plant eonrst1`Uctien andlor expartsinn re �,irecl to serve the DCvelglynie]lt, including, but not limited to, a Hruz-icne Alt or East Folk pennanent or paakagpel lant wastewater treatment Facility (a. "New W aatetivateT Facill P] . nndod and agreed ,hat #ire ref;itira]erxt fcr a It is expressly 30-t'cave ziht-of �vay four ronsEractiQnf the Roads is the width of rigt]t-of way cutrGnfly rt quit-ed f0T the Development and Platting of die DevelQpmettt, but t17V ghould any additional developnient of the Property arx uz (igcludir�g htrt not limite€i to co d.eweio�pTnent) — which requires that platting (se orate and apart from the platt�rig fQr the 17evelQprt�v1]t} he submitted far rite i"]ity's approval p the right f ��ay arld eonst .tctic]n rettirements for the CaT]uectbr Roads unO..r thig Agreement shall yield to .any additioz]a1 requireigents {it]cluding but not ,limited to any applicable requirements, xfrgtrlatfans or urdmatices t hat are in effect at tie tulle that a PrOPoscd preliminary plat for such additional dovcloPment is ubir]ftted for al]pro val by toe City) 't ftt may requ]'M oxpansion of the x t)J 3f.+�9,000] ] ;7Gfi4?4.OI5 "ZA"A.VA. Way, additioM.at Construction (including but not limited to Mad"widmin& surfac' and requirements) in corErlection WA the Conttector.Reads, or botlL - The city desixss to coxi.sttuct the Public bnproverttems_ if the City i5 uxtable fc� cciknple#e design and c«nstruction of the Fuhli.c Zrmprovenients 'oil a sche TJdule oor istcnt with the eveXopnacttt scltedtklc, Developer willing to cause such Public Itx�provemrmts to be constructed upon the condition That all costs b, excess of De proportionate Sient paid ffx invurre�i by T}eucloper axttl other for such public I.r�rpV�le]Its ars ropord oed from feel (or ck'tdits for fe«:s} and taus paid to the City $tt rex�nection tiwith the �Ievelgpmetai of �iraperty benefited by such Public. Ymprovt naents, in accordance v�rith le terns ref this Agreemear, p. The .Property does not ittcIude AAY major tharoughl'ates car ante [S shQ4vu art the City's ?hornughfart Plan.; therefore, Developer W oat required to des or a€fin of construct any thnrou farss arterials within the PropiurtV. 1eveloper eked fhe City des]3 to set #'bztl� thel*V respeMve obligations W1 1 raspeot to V03"pmont Ofthe .lyroperty and design and consttucdon of; the public • mprovements, the ot�lrgatioxt oil }eveltrpcj to pay t:ei fain fincluding oes for the levcldpr�eut's proportionate share of l'trblic lmproveMltn $ and the right of Developer and others to be reimbursed for costs of providing the Public fmisxovements, H, i7evelcrper ticltnbwicd�es thae its obli,�ataotts winder Phis .Agxc�eklt, inGludirtl; but not limited tt) t1le payuie"t Of fees and the de jeation of pare riot ex tipixs or concessionsdemanded by the City but rather vovolunteeredvolunteeredby broperty} evelopex to ensure consistcy, quality, at�d sd uate inirasttucti,Eze for the. Doveloprnent_ Developer also Uknowledges that its sham of under this A,� eetuertt, with the except"' of obliga60ns btyond its proportionate share of the Public .lrxtprovements, Ctre for the btaef t of the .property. vuvveloper fvrtizcr aclirtpwledges that all T�i+eveloptnetIt Fees A- wn dedications made or cosh incurred by it in conrtiectiotr %vitb. this AgreGrkxent �witit the excsptior1 Ofobligatioias beyond its propottionatt share Of the public lxmproveenttntsj are roughly proportional both i impact Of the s kEit#ure artd extent to the ptoected :fieveloptr�ent_ 1~+CtW, TH>;Tf.I-?FDRt, iri cot�sideratinn of the prerrkises a,nd trt mtxttml o�rvei�tttlts Contained itt tkiTS A ceniettt, tkto pity alai eveloper agree as ftailawsA FJEE& ' lic City agrees that the fo)IoWirigr water fees, wastewater fees, road tees grid pad:. fees (rofloCtivtrl�+, tlter o:beeeloprntrnY ices"j represent the I)evo1apcY1ent'6 prO rxta share of the crust of the publiPttc bttpmvements. Developox a8,rcu5 to pay to the City the .Developruc'nt Fees to insure that the blie .Improvements are constructed and available to serve thD Development. (a) Afater FeesFees. The `` 4ter Fees" for the Development shalt be fixed at $1,t1{lt7 per residential for anti #tic per axietCx fee described on the Wached exhibit 13 per non-xeeidential lot bir the full build ovt of all lots wWin the Developmr-nt. Mrater Fees will be pail in the amount of $5t70 per residential lot %%ohm the fir al plat for the subdivisicil is recr riled; $t}0 per rosiden#i 1 o33fib9�OQt11 �:7{„F�974.D IS loft tivhc:n each residential bWlnis83ipd; and the prescri}�ed per zrtet fee describer3 an the atfaGlled ah' it B Nvhett each natt?esideiatial budding permit is issued. (b} 4�astewater Fake. The "Rastewaler f'r the DMiopMent shall be fixed of 17000 par residential lot and the miter fee der n 'd Ott the attached Fxhibit E per non- ccsidential lot for tltc full build out of all Iota Within the Davelopme,4t. Wilstewater .lees will be paid in the amount OfS500 M residential lot when tlts fugal Plat for the stib�lit4sidti is ie relied; 0� per residential lot t��ien each residential building permit is isaaed; and the prescribed per meter fee &scrilyed An the attached .Exhibit E W11Bn each nau,-residential building permit is issued. (e) lt�a Nees. The " Oaa Fees�7 fUr #Ire eveiopmerit shall be fixed at 625 per lot r the #tt1l build out of all lolls within #b.e Devclopirtent. Road Fees will be paid Its the atxiaunt cf pet Iot Vvhex3 oacla residential building permit is isstied. (d) -Park Fee INO pa* fees shall be clue attd payable in c0i motion wiill the l)evelopmont. In lieu of park fees, Developer sfiall dedicate parkland according to the tetras he Section 5 of this Agreeiijont.of (ej Esertiw f��caemt_ A7.1 ]3evelbpr�tetzt ices paid p;trstiartt to zlte terass of this: Agre.elnent shall be deposited into an escrow accoutit (tbe ``Escrow .A.ccoutkt'4P The 01 LIw Accoiuit shall E e$tabli hell by tltt f.,ty and shall be used only to pay o()srs associated it�stii °`° v'aY antisouLeltt €tcquLWtion% and design, GOYtStrftGtidn, and inslsectian of the public lmfvenients, inolttdin9 ltitPrW anal finaticial admHuSttation casts incazxed as a J:esttlt of loans �- required to nuid the P101)HC biprovementa, tipoti written request of Developer, the trity sbail submit to Developer an accenting of all funds paid fr= #lie Escr()4v Account, including copies Of invoices paid rind checks issued in payment of sueh invoices. ('!} Fee Lijt-iifatlons. The +oblRgdtiort of Dettelop, to pay the I.7evel4}�ment kee5 as rectuiied by #l1I$ AC "ALLVAlt shall const%ta#e the stile and excIustve obligatitvti of Develapc 1�atb resp4�ct tc payrrient of the costs and expenses related to the design cad c0n6tT1T0dori of the Public Improvements. Tlie City has the obligation try pay the mno= by which the actual costs and exl nses to design. and cacstrricL t$e Public Improvements =Cods the Developinent Fees. Tht: City agrees that UPOn paAnfmt Of the Development Fees, )Developer shall have no further obligatigns Witll respect to the costs Or expenses of"tito l'tiblic $Izprovertxcats arid. that the (wi#y shall not condition the nsuance of any development permits upon the Payment by Developer of t►tty ariditiatial atnotnxts. 'fie City .further agrees, that to die extent impact feesor any outer form tsf capital recovery foes Or charges (apart frow. the Developtzient Fees) M assessed Md colleoted against the Development, t{he 1MY AZU rebate to Developer such additiorxal fees or charges. Z. )MATM ( a) iDcveioper Ciblz , atio;ks, Developer will be rCspotlsible for all an -site 13�atcr irt)pzY3vet)?xilts re�uireti to serve the Dc;yelgpixtont_ iJevelapez will have tlo additional obli�atir�rs with respet=t to wter gthor than tilt payment of thc'�ater Vets described above. aimlxrbuemerKts 3 0136b9.4Qp1 �: �.56�74.p)5 5izlce DeV,eloper is constructing an On�sita water itnprovements, d1e. pity ti:�31 not charge water tap or irnglact fees a9:ociated Willa such water 2nlproverrlents, except hose Water secs ctes��esl xrl this Agxeerrtent. Tovelaper shall pay fire City water ttleter i at thitstallition foe gt20[) per uie#er e time O#tsst7artce Of building perit�t for fhe structure seYvtYi by Such mot4T. `i'hc City shall he responsible fox water Meter. is7staliatiot1. if the City &IL6 to install a water loafer wAN6 60 days frbin the date the metOr instailatinn fee is paid, Developer shall have the captfoll of installing suelt meters and asso0iatctl alxpurten taCes to be turn,$,hed by the City, at cast plus IQ°/v. �) City OhUgations, ilte t.if r a e s to provide eatable �i�ater to Serve the Developments iu an amount, quality, and quantity to Inert Texas Corninisslon on. avironmentat Quality and Texas D-apartment Of In.Suramci� standards, 'T"' City or water supplier to wklich the pity amps the right CO supplyWaterwill he respott iktle for such water supply to the Development as long 15 the Property is tvithfn tho city's certificate of COnvenieitGe attd tiecessity service area In addition, the tlity ti;7ll be �pottsible fox ennstructio�. of the 'Water irnprovemer�.ts, Tlae City shall lie 'rn design and aotxsttuctic�ri of the a# IMprOverxtents afleis Devei r r;�cjuests the lty to issue a building pexmit for the 200th dMejt unit within the Dovielopxneait. The City sltfa11 conaplate aonstxtzotlaz� of the WaterIttlprtivsuxents hcfbre Deirolover re€Iueests the City to isskie z Metifica#e Of OCcupallcy for the 40Oth dwelling unit v;itlaiu the Development, SARII U X SL''FTstesestsI►rl;R. (a) Develo�C� 4'bfig,a#fcns. D eveloper Will be reMonsable for $Il rsn�site tivastewa#er .itrapr�fvclne12t5 .repu'tred to serge the 7 evelapntellt k,uka r than the Wastewater Improvements). Developer kvill have 3ao acldi ional obligations with resp t to wastewater irrrilrovements other than the payment Of'the NVImtewatar pees described above. Since DevelAper is const:.tictulg all ors -site nra�tewater i>�proverneuts (ctthcr that the Wa$tewxter lztlprowcntcats�5 the Cite tivill not %;barge sa1}it�vy sO%VOT tap ar wastewater impact fees, except the Wa.Stetivatcr pees described iu this Agreement, ( b) Czkv ialaligatjuns. (il �e�tFeF Lines. TY�e i✓it}+ slxall a11ow l�e�Telaper to ufllI7e the "l't�Yr�Cl�o�tton salver l.i�le aiad #kr� �:�:isting +c.clnne�#ion utxder CI,S. 75 a,,a Property, tlu'augh'both planntlm ed Tektrtorton Creek lift stations, �emTal tba �latexrCtr k Waste�vat her Treatment Facility (the " iStin Wastewater l~ cility). In add"'Q11, the CRY will. be xesponsible for conSftutting tho Wwetvater Imprascyementse 'Ilia City si�41ll bet;i�. t3esi�a thI atld eOnstruction at' 4 iVastevc�atOr lmI►ravelnet�t's after 1=�et�rlapcx requests the City to issue a. building Permit for the 454ttI dcxrellIDS unit withe the Development.. 71C city Shall COMP1etc Construction of the �'7kastewater Ymprovamentss before Developer roquests the City to issue a cells irate Of crab; artcy for the 65Oth durelling unit withiu the Propetty, 0 Dl��/a9.U6D11:7669T4.41$ (ii) i2eservation of 4Vas#water TreaTnxeait Ca�aei. �. The City agrees to Wwtntfit or cause to k 00ttstrttcted additional pemanmit wastewater treatment capacity (the "Additiarial, Ca achy' in the Existing W85te'lNater .Faeiiity, which Additional Capacity will be adequate to serve 650 Of the ,proposed 1,027 single4amily lots imIuded M the )DejrelupMC,1% 771e Cit,+ received a discharge peratlt from TC�� dated February 28, 2003, that includes the Addifiional Capacity, The Cit}r represents anal warrants that funds for thP, WMt,Ouetioa Of fire Additioiai Capacity are: currently available and have been dedicated for such ptnpose. The City leas Mvarded a Contract for colttstruction of the Additional Capacity, and expi.cts constntction of the Additional CaFacxty to be complete no later than March 31, 2004. 'fhe Additional Capacity MR kgr be reseiveti for IleIJet+Glopnimt for a peri Agreemeir#. od ending 15 yeas after the effective date of tl ds (iii) �a�tewator 'i`reAtrrtetlt Ca soi . .1✓x ausiou. The City agrees to tatic sctitans necessary to s8 sue additional capachy to serve the remainder of the bevetoprnent oa:ce the 1~xisting Wastetvater FR ilzty reaches 60% of its permitted capacity (as identified in its Fefiruary 2$, " 33, disr harge permit) ar ik�fure 15eve1ols r re uesia the C zty to issue a cextifrcate ref occupancy four the 300th dwelling Ftziit Within the Development Tlxe City may usa Developmotit I+ =S deposited iwo the Escrow Account to pay all costs and expenses ssaciate l s�vith a Idew Wajtewater pacility discharge pernut application. rf the City flails to apply to r, ft fOr tixe necessary aapaeltyr Developer rnay, at its trptiona tt ake apflicati= for a. discharge permit_ l r7evclaper applleS fD3' a tiiScll<ffge permit, the City shalt not oppose .Dove]oper's application_ ate City consents (Find waives lall rights to object) to Developer's discharge pettnit appli Lion. (a) �ve1a .. eF� �gaboz�s. Davcloper rill, be reslycir<sablc for all an -site toad Gvrtstructip� r�quire,� by tide I'reli�,inary Plats to serue fire Det��lopnrVrnt (other tlR Inc l;,oad k rovements), includi S the: 27400t edge to. Age rotted curb se ctiom required for local rosidential dtreeN and the 37"foot ba&.- o-back Tolled Wb sections required tbrr collector streets_ .except as speoxfically identified Fn this Agreement, i3eveitiper steal] insure that ttil on -site macs are C=z ttucte.d in acn�»iance With City scan, rds and regalaiions, i?eYrelvper Will have no additional crbJigations 4tvzth Tespect tc� raad i�tnprovetrterrts otli� than tlrvss t�liJigatiorrs rcfereneeci in this s�ectigr 4 and tJre paynxenf of the load rm, descrlbO above. (b) Citu QNi atiotSs. Tit{; City shall zricllade the P.,oad Tmprovernents iti fire City's 7'1►oznughfaz� plan srzd Capitai Zniprpy�cnre.�tts Plan. The City sh�rtl not tortciititir� tide isstrasFce of a buildurg permit, couiiicate of ticcupancy or any other delreloprnent pertnit on Develaper's cQnst fiction of the CofMcctor oRoads if Develrsirerhas, after using eain=rGially reasonable efforts #o secure the ncexiea rig)ZC tit=waYa rquested tho City to We its power oftotrdemnatlop to obtain tl,e tight -of ways s 4':#6G4.QOQl L-76b474A"t5 UPE?Y fyAt E. l�evclaper wall 140aicatc to the G`ity that Poltion of the P.mperty ad3 agent to and zacluding the lake maintained by Collin County SUi] and Water Cc�tysccxvation District �5�5 and k5ovtb as Site �15 , East Fork Above 1Ltivor; 1�atet5hed, Site 45, OPAL that is within the flr�odplvn (the °`Parkland'°) rxport the occurrence of the follawattg Events: (a) the City approves vti.e or more }�arlc irriprovemexit Plans for the parkland, 1atcluding a dei'a:ilctl list t+f propAse�i inrprtrven3e�ts, tivf�ic]1 sliall include a tnaUMUn3 of three soccer• fields and four ba; ebalI fields, and a schedule for the Puklru� Lion of such inrpravemetttu; N the Qty applies for and is alvarded grant fzurds for the Farkland ifr�provements; and (c) the City requests Developer 10 donatt the Parkland as a W-.tributiarc towards grant Matching hands. Developer will have no obligations with respect to off open space and/or park'& irnpmvenle-M other than the Parkland dedicatidn(s) riebcribe�l in fihe'n=ediately preceding sentence Prior to dedicating the Parkland to the City, Developer shall, (x) at Developer's expense, complete ii detailed flood study; and City's ex} r e, complete, or tAuse to be completed a Pent on,the-ground s[irvYey t(the "Survey") of the Parkland prepared by Doug Connelly Associates. Upon delivery of the Survey to the City and Developer, the legal description set fart#, in the Survey shall be deemed to he the I al d.scriptiot of the Parkland and this Agreement shall aatantatically be deemed ameuded by sttclt substitutions Developer reserves fOr itself and iiz successors and a Tight to use the Parkland for huD.ting and agticultut�l lrurposes unit/ such ssistns t time as the City begins co1Xtrl1ctt011 of the I`Mkdand improvements. In a4ditiov� Developer xaseivea for i.tseLf and its sac essors and assigrls a drainage easement over and across thO Palklmd, for the benefit of the Development. Th use .reservations droll be revenants muting vrith the land and shall be included in the Pa.Mand dedioatioar instr�urnesit. (a) I1r;sign anal Cor�tSn>cti�ari. l,J•nie�s rrtherwi.se spee�ieri irt this ,A�.greemtent, the G`�ty shall design and �nsttlzct all Public ln'P t "ements CODsistOnt with the City's subdivision regulations and generally awt tted engineeringpractim, fftho i:ity tails to design and crmstruct the Public l�►proveuzents ort a schedule cartsisteut xitir thel;►evelapent shetlule, then (i) upon�eveloper'b written notice dtereof to the City, the C'ity's right tO obtain drawl; fr m the kscrt►w Account sitar cease and terminate, i) the #hen remaining fords in the I scrow Account shall be immediately returned. to Df�Veloper (or the owner ivho paid e ztRnds iu quest]rDn into the EscrowAccount), cud, (iii) Developer dial/ have the dRht (in additions to bait its trther rigt►t5 and rerk�t�ies), slat the obligation, to the ty's obligations that it hU so failed to perform on behtdf Of and for the account of ifie City. if Developer elects to pursue its selfhelp remedy under eIaltse (iii) of the iIIunediattly preceding sentence, then the City shall pay to Developer on tle..ntand all amounts expended by Developer in perfon ng such obligations on behalf' of the City;, togethef unit interest thereor, a# the ma City;, tton-usurious .rite pmmitted by applicable law, from the time such amounts are expended by Developer until Developer is reimbmed titerefcrr by the City, ptot�itled that {x) the City ha$ approved (which approval shall not be unreasonably withh$ld) the contractor fortheproject along with the piaxts and sfr ifie tions; aM (y) iz� te,uired by state Ia�,r: ,Developer lies courplied with the comgetititi>e sea)etI bidding proaclure of TE7�as I acal Cavera7Ucnt Cede Chapter 252. 0 It is erpres$ay u_raderstpgd and agreed that the City shall nave no right of. control, super�3sion or direction over the dositp or cjo strllctigtt of way Pudic Improvement once Developer undertakes to da'sign Or constntet a .Public .improvement _ nor file means, methods, squences, procedures and tec#it, ques utilized to complete 'ale Public lmpxdvemcrit. Thereshall be no joint cbnttol over any Public Improvement design or Construction. Developer agues to fully defend, uidernnify and mold hnrti#ess the City froTA any riairn, procein ,cause of action, jud meat, penalty or arty oTer cost or expmse, including, lxtt not limited try, allomeys fees, arising or growita, out of or asss)iated with all Public Imprrsveraen4s designed or consbucted by i}oveloper. {�) 4tadEmrtatir�n L'acveloper agrees k" use xeasortabie efforts to obtain all tktir& PAY rightuo.way, if any, required for the PubHe hnprovement3 at no cost to faze City ()T the Developer, i f bByeloper is unable to obtain third -party right-c►.f-u��ay requited fez' the comector toads, the City G ees to secure sttr:h right-oflvay (subject to rzty council authorization) through the use of the City's powvex bf condemnation, Developer shall be resports'rble for aB reasonable and direct costs and eyl.mses paid er incurred by the: City ira the exercise of its condemnation mowers for the Couhector Roads and shall escrow with a. third party the City'S reasonable estimated costs and expenses as Rmds are needed by the City {but in no event later t4aL the date the City files a ,petition for oondernnation wItTx the appropriate County Court at _Law) including, but not lirciited to, all attorney fees Lnetarred by the City i a proseoututg, monii-oning ox other• �f participating in fire fiondelunatse ion. Developer shall have the right, but not the obligation, A manage, on bebaif of tM Citythe cxpellditure: ofsnah escrowtYl firnras ineludingr bust not tirnifed to, the selection and payment of attotneys and appzais ed ravided that funds am not CityAttow y withheld, Developer mgX select attorneys fOt c0ndenutatirin if agreed to by the City laittrstraeY, pabvidcd ho' never that in such, event the City Attomey shall Monitor and approve all'activities of Developer's selected attorney, ThO City Attorney's authority In this regard shall include, but not be Iimited ttr; apl7rztvaa Of papers fil(jl with any nourt, iu advance of filing; approval of all sta ategic Or pro edural legal d isians matte during any stage of the condenmatit)n #rcrceeciirtgs; review of all doetaments, papers and igformation Meived by Devolflpees Attontey relating to the condenu tiort proeeedYra , and attendance at. sla hearitaga, Prcweectin or trials at any point in the condemnation procwdi.ttgs, The atlOmey fWS charged by City Attumoy fbr performance Of work under this authority shall constitute attorney fees McauTed by tiro City iu. prosecuting, ri'Mitoring or other -vise participating iai the utrndemnati�rtn as re�erenr d above. The City Attorney shall M)UT as an attorney of record on. all papers filed witb a court in conn,vdon Vilth tiny condmwation proceedings, The City will use .all reasonable, c brfs to c•pcdxto auch oondevym ation prnedures so that the Conttectoy Roads can be constructed as soon as possible:. If the City's costs and expenses exceed the amount of escrowed fronds, D�%relolwr shall deposit additional falad.S within 30 clays after N,vritten notice from the City. Any urtuaed Escrow- funds will be xefetnded to Dcvzloper with 30 days after any cvndemuation award becomes anal and rtonappeaiableI Nothing in US 52ggon �rfZs? is intended to vonsfitute a dele tit7n ofthe police, powers or ovemmellW authority orthe City_ (o) )Reimburscment.,gnxouut. The City aelo'aowledges and agrees that Developer. at D;.vcloper's option, may design and oonstrucr ail c)7' aK:y ,por�ioxc of rho l'ty.Iilic Improverrtents through cost sharing agxeementa with participating dexrclopments provrded tars City has not initiaQrxl cnttstroction of ucla I'atblic Inn . roverttenis. The City also ac3aaourleriges and a rees that l7evQloper skaaXl be a .titled to be reimbursed in 3cgQrdance wit1k this A.Epmement for Certain costs 7 c t �es�.raat t:fiBK974.c1 a acid expenses paid Or incurred by Developer in 0011X 603 With the Develop&!; desi�tl and coilslruGXzt3ri of atleh Pitbl"' hnP roveMents WWOh Shall be deemed to inclu(Ie, but not be lit xletl to, costs �Ild expetlsers paid or incurred for or in connection with (i) the riegotiatbibn Rat�ud execution Of this Agw=ierz 00 third -party right -off Njray and right-o# way ecrluisition, (i. desa n, #v erxgineezitxg, (v) 00ustxucti4ri, (vi.) aoxlslructiOil nlanage',Xilt, (V.11 legal expenses, (viii) all review and irspec#Fon #ees paid t« the City, (Ex) all DevclapT=tt .Nees paid to the City [?urstiant to tbis Agreement, anti (x) all Sim;Iar costs and expen.5cs paid or incurred by Developer (collectively, the `MMblu merit Amoont'l. Uiit Reimbulw8ement Amotnt Ivill be adjusted to reflect Actual costs and expenses when the ,Public Improvements have been carriple: approved lay t[�c Lity r►gi.tteer car his clgepitt and accepted. by the City and when all eligible~ cv&is and expenses that are daMed by this Agreement to be inoluded as part (.f tree 1�eiEnbilrsement Amount have been fWally dete�tihied, {d) oTrtce o flevefane� Rei bTusen�nt. Develofet ie er€tatled #o reilxlbtrxsetrtent Qf the iiva3ly adjusted Reimbunerrir t Amount, less an AmOuw]t equal to titc Development Fees, from the follOwirxg soutcm, but. only to the extent needed for such t�imblZme neet: (i)firm, iu tJte form of a credit to Developer fDr the $500 per lot Water Fees and the $500 per lot wastewater Pees due at the time of ftntc] plat recordation; (ii) second, in the form of a payment to Developer ftom f4tids deposited in the Escrow Account; (iiit) third, in the form of a payMent to Devokper for the $500 per lot Water bees, $500 per lot Wastewater Pees, and. $525 par lot Road Foes collected (or to be calleetead) from builders at the tirrte building permits are issued; and txv) fourth, Mi fhe for. of paPilents to Deve.[tPotivner;,, ar from awouents collected from other rle��elvpers, or builders ivho, at any #erne xn the faltre, directly or indirectly tap into or use the Public .lmproVezz =t$, tivhether such payments take the farm of pro rata pavmanjs, irnpaot fees, or any other form of capital recovery payment. Paymertta by tho City TO .Developer s)k'tl] be made within 30 days after the mounts have been collected by the City. Notwithstanding the fore ai�g, however, Developer is not entitled to 1� remlburaed in excess of the finally adjusted Rehubwsenurn.t Amount, less the Dayelopment pees. To the cmcnt ft sources of Yt?ltIIbtiraBTnetit Set #orth 1K13LS6S , "(In and above exceed the, &9llVd adjusted Rain lIrsetllent Amount, less the Developwcat Feet, such eece$s shall be reta:uicd by the City for mnmgtructioTt or payment of additional wastewater treatment capacity, rick C 0N.grrUTTr'TT!'riv "VIf the rthe Gitiy desires to empIay � Btigiueer and/or other yualil�ed pe�soh(s) t4 pmK�de .Etzspectit}xt of the bII&trLIC#2l]n t3f fig-$1�@ 58�i�3T� ��xl�r I1j1G5, tivater lines, drajnage i'acilides and public roads situated 4V'tb 11 the t)"el.trpMent (collectively, the `,Pr�jjpppgy u nts31), the Cite play do sa. Dc.velopu shall pay to the clty an inslt:tion fee of three percent (3%) of total "hard costs" of t:onan)cdon of t17e 1roject Jxnprovaments fteciiically excluding deslgu and engineering "perises and expsn$es related to obtaining easements or rights of way), tJparl camglet'on of tl?e Project Tmprovemeiits, UevEloper Nylll certify to the City the total tI and costs" of all construetjptl. Upon receipt of the certification called for herein and acceptmpc by the City of the Project Imprdvenimts, Developer shall pay the inap0ction fbe and convey to the City DevelOper's ri,ghr; title, and imerest in all public 1'sa�evt Tmpravemtents, free and cic x at any and all liens and rrlbrtefury enew"brances, and the City shall takwo over %and assume full zesponsibility for the operation and maintenance of the public Pinject Improvements. Developer 0 413dt"r�?.(100i ] :7t+G.'174.615 agrees tg transfar any saxcl ati of ifs right, title, and in mist iit the public prtject > mproNrMents to the airy at the tune the City taken over tile operation and maintenance of sttuh public Projeot raprovements. Xt is ly ttnderseoad and agreW #hat t' a City shall heave no right of control. supemBIDla Or directionLion over the desigtx or construction Of the Project Ttnprovement� done or oausad to bcc done by l reveloper, nor the means, Method% sequenc�v prOoedures and tMhnigUW utilized to aO.Mpiete the ,project Impri)Veniellts. Developer agrees to aFully de#'cmd, yuden1oify and bold ham"M1s the City frOm MY claim, prooeedmg, cause of action, Judgme0t, penalty or my other rest or expense, including, but not limitcd to, atiOrneys fem, arising or growing out Of or assmiated with the Prujectimprovenlents. Not►vit6sta,nding a17.ythirr� � tlxe uoxittary .twined .hereirij this Agre�x��:nt shall lae ef%ctitre ©uly upOn tho satisfactit}ri of each O; the foUming conditions: (a) the a PWVal of'this Agteement by the City Gouttoll of the City suclz that it is the binding and enforceable obligation oftho City; and (b) the acciuisitic u of the ; ropeny by Developer or its assignee mzd� the Contract. The date on Whig the last of the fc�regoutsg cOnditiot3s is Its is called the "Effective Dqtg", 3eveloper shall advise the City as to Ll<e date of acquisition Of the PToperty by Deg i4luper car its assignee. Upon tlae full mn�"tl final satisfaction I3y t3ae City and Developer of all tklcir respective trbtigatiaris RUU Covenants under this Agreement. the City curl Developer shall exemrte a releasc Of this Agromcnt (in recordable i'orm) terminating this Agrmment as to the portion of the 'rOpettty in question and fully relsasing the City and Developer, their Succe,5sors and assigAs' from am furthot Obligations or covenanu hereunder rolating to the POA1011 of the Froperty being released_ The release cOntemplated by IZl jei;tion 9 5ha4 11, a, Developer's request, be effective with respent to a specific phase of the Devettspment, as applicable, tlpoa final satisfaction by the City and Developer of their respective o'blip#ions 1�rith ne,Tect to such p1we of the Development. 10. SUCCESSOR.SAND ASSIGNS, The PubliC ImproV-ernct1ts both benefit and burdeq the Prop"T and all obligations and oovetY*hts ��f �revel+aper udder this Agireemetit shall cx�n$tttute coveants �ntitning �Trith tine land, and shall bind Developer and each succdssivo Owner of all oa' ariy portion of the Properly; provieled, however, the t�rra1s of this Agze ent sl alj (i) not be 1ainding on the owner of any residence that is purchased by such ownct firam a homebuilder, and (ii) be subordinate to the lien of (and shall not be bLqtling can) any mortgagee who finances or refniames residences mmstruct(td on tlic PrOPez�ty. W'thO*Gt lin- tiug the gmLrahty of the zQregoing: (a) Developer may assign this Agreemeut to fc party to whom Developer =jgns its .rights as purehuer nndex the Coattacty and (b) Developer as well as arty suocessar Owner of all 4.r a portion Of the property who is bQund by this ,A.&reerttent (Developer or aqy such aucc=or owner is referred to herein as the 'owner') may assign this .Agreement either in it* entirety (if the assignee is to oq�vn all of the Property) or in part (if the assignee is tO own only a pOrtiort of rite property) and in such event 01?664.Cu?tlT L'7S5�ii4.b15 V) the Uwner cionveying sc}eh portion of the Property shall lac automatically released from the obligetiony of °`developer" as to afl ar pOrtIM of the Property (as appiieahle), and (li) the assigncc to whom this Agreement is so assigaled A whole or in part SWI tie flexed to have MutrlM tle, obligations of "Developer" as to the portion of the Prbpexty which is awned T)y such assignee, In the >ertl of atxy partial assignment of. this Agreement, then irotwithhstanding anything to the contrary cofliair d laet iza, t}ie ahl19atiorls of Developer under this Agreement shall be the several (and not the: Joint and gevera.i) obligations of each such Developer, ` i.1c terTAS and pravisivas of this Agreement shall othMgse bind and inure to the benefit of the City, Oevelcapet and their t'espec:tive gwcO5,sors axed ,gus, )Eachperaor, sign�g this Agreement and vVarrarlts tF�at �i} lielsire has tl•�c autitorit3r to enter into this Agreement on behalf of ,find to bind) the party on wb.ose behalf such person is signing this Agreement, and (A) no €ut•lher atrthc rizailort or oonseut front ariyane else is necessary to make this Agreement the binding o*bligatiaty of theparty on Who"ilehalf'such perso#t is siding this AgreeniGht, This Agteerrtet3t embodies tie entire Agre4merxt betwcQn tlacpartl<:s hea reto Md carats# Do varied or item)inated except try the written. agrecment of the parties. The City aclnowlerlges the #eons of this agCeeml2alt have ban adopted pursuant to Texas I,��l C'a,tivernmen! Code eotibn 3S{l,0{il, If art}• prtiv1 'on ofth'6 Agreem"t is Illegal, in%yalid7- Or vrMforceable, then the remainder of this .A8tftment shall not be affected, and tbeee shall. be added as a part of this A8reement a provision as similar "I texms to such illegal, Mw vz d, or unenforceable pYUvL M as xrtuy he possible and be legal, valid, and ent`omoable. ?.. C'CIULVTEI �#JV�I 1G;II1�1 T . TltiS Agreement rnn.V iae executed in any numka;F off' r,=aFinterpart$r �racl� of vuhyq�i snail be arz Qriwinal7 but all of tiwhich together shall corist wte ott,o and the same 3nstxuan$!tt acla exhibit rofennr�ed in this Agreement is. attached Itcreta and lneorgoratcxi here'D by r efere M l VM1`N'1WSS WHEREOF, the City and DevelapaF have execnted this I�eement to ire eff'eetlVe as Of #ho Bffecti•ve Date_ VilLt.,tiGES t�F.>ETtJlCA1VE pk>✓>uK.,.l�.l'., a Texas lurtited partneltip 3 76 A"iA, 0 li i f :l � i off Name: Don W. ollin Title: Nfatta,�er !0 0136ii9.(SOpi [ :7d697�S dl S C T+��ri��:�etiT Pelham Tit e= Mayor Attachmleflts 112C11i�71T �. — 1�r41?4�rtjr �11U&fTa�i4II lsx�iii�it S �- Fradley Tract Exhibit C — WeaverTract ixll'bit 1) T 3'tlbl%C IMprove meats 1 whibit l~ �- Ton Residexttial Watu Fees a d W' nstewater Fees it Q13644.atkTS l:766�t74,4! 5 s X1 �japi I Ms �'rC} 3eitx i ust"%ILV .i�clubit A — Ps�e i OI36G9.QODt1:76G974.fl15 r txHr3zr 15 Wiley„ 'I}�ct t$CRlPl�C7N f1�52iC'�SCIFIAe+P 0l 3{+.i9d1t)411:75�Y4.pl� ft jr r% t59, THEYCE W ° W 97°Wesr M2 48 feet with &7 e$siiine ofard 'Zma98" 1r$Gt' lha "StrIne Ofsaid 68845 tract to O/ ` mPln bruld lrtl/� �rrlel-ofsdlrtt�vd at tft�sattfht �n+s+'atsard rfiFa,84S�ire ked ate/refl=lweme?9£:t}9acwtrsc� Tlf9 UEAfar7li8t9'6;V O&S6 Hr'iltarurttfl I'm ofseid Y,W O9 ira t theSIArrtt Imofe0006li,Man fizdRt fg&)e "Y ffiv cmterDf sold dittnW COMOtc &U17lyfioad A(be 368 61 8"xrrrrstely$20faef ate' rW &WIT wiP bye svA sfdevfsa& rtyt7aadin nil fi184,36faW to atr rrortPI, 5eitrsaid rntrttr/mv aril geidWU& t%t7s Aenae soudrE)fyta f/ f,7,birott s sit IS rlla�vs Sdufh t W13,r'" Eas?, anNfeel b a f12 ft youjWa& tj?mt the beginW$ ¢fa atnra tO the rrglrt f W 0/0 the rddiv� mterf1 W &vP 88OWIff MW 7000feel,, 'rag ifftsald WfV19 bg�ll}etrghl, anarc otW.X kw ' s MbalaVeof leO48V0''ma*tits ot7bVrg feetm &LO 15°d�Y12 WWI, f2f 9 feet 10-a lghz;b ft prrr set ar lh9 hsgMWnP Of$ atilm (0 the la$hnt whlc6 ft tedltts ceflfer ftesStrM T4°iT`:i"E0t, 7&VAIV &&l 7?5a7CeMVc "fOthelei amarccrf2p5 39fee1areu17rl e cMlraiROvef6°494f'fvn 3 radtrsot7jV V fsay, South 1°tl8v9*6mt Mf.55t5atrr8 la illm #on 0 set at bvlawv Ufa arfv$ fo &e right from wmz*f1v nx is ca terliesSouiha8" "Zi`Yb 899offtt ir�'G� s�r7fisafd cu(velrt,'fie an are e{ff6�3�eotaratlrrd � C.�i7G';�t � t7jrJ°.�f�'B`ra� �tsdlu� t1t6gS+9S f28F South 87.5''99''Wes� ,�9,���1 tc� 8 �>r.�rnrh itrx� ft%sa1,9 the begirvritygr�`arun�atn � l�fiom tuhia�i 8reus center Ike Sdttfh 6flNglffEs9G 700. {fit fevt 77WCO Gvi11r aldaffv6k 6eW an amOf fO f 69feef amyo a� ntralsr of8°f9�'3''at1 eradio ofM 63 feeil i t7"G `d4°YIreS•f f�,3, & f/ mGhurrstpttT$Nat the llltilllg c?f 9 LYllIP3 #fie tit�ltl ft lVhk 1 AO ladas mnlwh � wrthsafa zorjre tafitet�hl, an$rootSa�lJ-89 teetarautrd e �rlltal af�3��urttt�ra�t�sryir'ttlJ.tifea�• Ur`Ar/ttt �°3l�'7" �'YL�`af ��f,�f$,otfr3� ��t7�+7Ctsl!!t]n�1tn�`B1',�f L iV- Mnjofa rWve to the t/ghttram ma U)e r$c irs ar7fer/WMoth 46l128ZJlWest 70 80feet 7 &VO wllhseio'CUM 0 the V17 arc of f$, 78feet ntettrld e Mfi^N8ngl$ Of7'h'',9fWS"OP 8ra&saf7000teei AM 59"03West 1294Y&Itch i/,?i, b JIVP pin Set NJ lha heglnrWW of ct m tv tha/offImm IvNal tfm ro0yus Denter AW SMe MW 02"East, M70 f E:c�s3bit A — Page2 Q136E9.i�f}(1l I ;7d6tyI,1.Q15 enI OvulIrerlf;WlIIII CUIV49 (tr the le9lr WatCOfM,6 tot around a cartttaiamilo af24 TiWonarad!us of5W.8 fit with a chord )f2O8 OT f4Vt Wbirj baamsauA lfIf ost fn a tl2#Xifi iron pin wtat fhe P. T Sttulh �'t!t"�rrs7, ,�'4Q.,�B �l to a iJ2inr�r,v rrri pin seii�7 ► �rt1Ut l iv of said V6.Wacra lrar srr fk 60 noOR,t7. W. lbo al wid farm Road voi, 01 i'NFNCEIlitastaly I[yidasetdsouO1+w$al7dsa t'rn R.C, WI lire as follows: Itt ��413' '' lit, �3f �91 het h� � iP'' i irarr�pllt �ottnd,• Bath 89°40150"Wei, fHas9feetta tjePLACEOFBEGIAlNlArG. and miIIII l id 2 &w r9f4aW ERARCAT"N.SIR AN ..I !.'� rl.:/� � Trill• :r /' . rl ! r FI -r Y• l !: IF 4E '! r �. M• n - iir '� � t r r t•!! w• •,,t d •;l.i ! +t, ,r r rtir. tf • r I � r !t: > > -r i !•I •rrr t , r t' - ► . �r rral �c�frdl�i�: W�tl�s of35S�ac� tr�p`r�feri r'rr �c7f, fi�5, Oi3654.OQ{1j: 7C�597�,D1S ley 7 I Uk� EKE tact ITYJUEXWXM 10, say4f+ 04 d#d crtkwrfar i4 aa.+anr. FA�t p]bwtaQ ar o ,eneMy. td 2ff�.L6 9xi h 1f,1! 1nSfi hvn (a5t Tai+N1 iir s�71�► >n a Ythsa t ;3 OoMfhuLtig M 'N1 bkMEM 0 d Of 1{4.# fnt is 4BT ) porr>f IOt camar; Y S ivca Y�$AY daftri W 35 iAfa�fas no ids Eawc, "U ih� W"N Jr roDM "* 01 lard 4&hfrd topr.many/ till 4&1MT tt dt*iaeca at Z5"7 Imt Ia a 64d All fAcnFdy. fer Cantu Fn d famm 1kal Ynna TK'* am* . iis s dFr O" W J71JR f �40di nai�fafasd for out; `01 saw Ctirrroi Oprarr*o•I•/ 196 JaitV TZ4CUM mn4h 64 d.g*" 4G hVlwt*v at O.uf h Kant, t4M 1$t Wrr Wt 5arAh My V v*rd Cs,dtU nfpna mW/ 1y¢ 4alpf vWftar* T4r•UP OCey tro¢4 0 dtthlm•# aT T:IAc4 fiat f0 a 1/2 tnett tr+6n Fvd faaMi for 0MIr rd tr fans oomar Peat: Smdh 00 Iftam " 03 fgtavlx* +4 aaa** 7f*N. 0 od0 tht that tGta oY Wow (�rdrvt 1'nprruvactf I" -M0 V*mp* 1}ROs arty treat, a aFt"tr of 12MU 1Y4 fa a 5/0 Fgah NAst rut att for oamar; :ou1h 00 dWwws M MTo %k.r aaraera E*4 dTay the WWd got O1 )$ON Cahtral 6htmva-!/ 196 tO1nf Y#11PTr 1%a• A" iccat, a 44'ot� of 73 •atf it tl» Pmr OF XMHNNG 0ed MnWHfr,F 11, 63p,s6 agnon fat! or =AT agar of rOhd. �xt�ibit C-rage 2 01>r3rt�,oaaiY�t,�93k_Of 5 Exhibit L PROPOSED ZONING ORDINANCE HURRICANE CREEK SUBDIVISION INIl'ROVEMENTAGREEMENT —Page 61 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of FM 455 and west of U.S. 75) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Properly generally located on the north side of FM 455 and west of U.S. 75 being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family Residential (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a frill and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from PD - Single Family Residential to PD — Single Family Residential zoning. I. PURPOSE AND INTENT A. Purpose and Intent: This zoning submittal addresses the disposon of approximately 368 total acres of land within the City of Anna more fully described on the legal description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses proposed for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010, It is the intent of the Planned Development (PD) to offer greater flexibility for residential development. The purpose of the district is to create a master planned community featuring a mixture of housing types in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a, To provide development and land use flexibility within the framework of a Planned Development zoning district, 2, The intent of this district is: a, To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which includes such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c, To contribute to the definition and use of public parks, ball fields and walking trails. d, Integrated parks and open space to preserve areas designated within the 100-year floodplain. This will protect existing stream corridors and other physical assets as amenities. 3. The Villages of Hurricane Creelc PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Villages of Hurricane Creel< Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B), The Development Standards shall apply to the entire Villages of Hurricane Creek District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of Hurricane Creek. II. DEFINITIONS Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use; (b) is subordinate in area, extent, or purpose to the principal Building or principal Use served and is not physically connected to the principal Building; (c) contributes to the comfort, convenience and necessity of occupants of the principal Building or principal Use served; and (d) 2 is located on the same Building Lot as the principal Use served. If connected to the principal Building, a structure becomes part of the principal Building. Block: Property abutting on one side of the Street and lying between the nearest intersecting or intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such Street. Building; Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate Building, except as regards minimum side yards. Building Line: Aline parallel or approximately parallel to the Street line at a specific distance there from marking the minimum distance from the Street line that a Building may be erected. Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides by such Building, or the Open Space provided for access to a dwelling group. District: A portion of the terrifiory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Part of the Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF- TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1 District. Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one Family, and in which not more than two persons, other than members of the Family, are lodged or boarded for compensation at any one time. Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and having no physical connection to a Building on any other Lot. Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is considered in the Flood Plain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the City. Frontage: All the property abutting on one side of a Street between intersecting or intercepting Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village boundary measured along the Street line. An intercepting Street shall determine only the boundary of the Frontage on the side of the Street which it shall determine only the boundary of the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one Street, the planning and zoning commission shall determine the Frontage for purposes of the Part of the Code. Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially adopted and as amended from fiime to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the 3 acIuisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public Buildings. Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory Buildings, or by a group such as a dwelling group or automobile Court and their Accessory Buildings, including the yards and Open Spaces required therefore by this title and other applicable law. Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle of intersection or interception does not exceed 135°. Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or floor) of Buildings located on the Lot. Lot, Interior: A Lot other than a corner Lot. Lot, Lines: The property lines bounding the Lot as defined herein. Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line on a Street and the other line on a river, lake, creek or other permanent body of water. Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot. Lot Width: The width measured at a distance back from the front line equal to the minimum depth required for a Front Yard. Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerl< of Collin County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Collin County, prior to January 1,1986. Main Building: A Building in which is conducted principal "co of the Lot on which it is situated. Open Space: That part of any Lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may be considered as Open Space, provided such Open Space is contiguous and part of the platted Lot and is maintained and utilized in the same manner and to the same degree as all other Open Space areas as is designated on the site plan as filed with the building permit application. Planned Development: Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of developmenfi operations, including all lands and Buildings; for principal and accessory structures and uses substantially related to the character of the District; according to comprehensive and detailed plans which include not only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations of all Buildings as intended be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the Buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common Use by some or all of the occupants of the District, but will not be provided, operated, or maintained at general public expense. Planned Development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the District and areas without the District. Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot line, the depth of which is dependent upon the zoning District in which the Lot is located. Screening Element (Device): A barrier of permanent material of sufficient heights and density so that the objects being screened are not visible from any point on the Lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following: (a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30% open, (b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may, when appropriate in scale, be considered and used as a Screening Element in lieu of a fence, wall, hedge, or other dense planting material. Street: A public or private thoroughfare which affords the principal means of access to abutting property. The Villages of Hurricane Creel< Concept Plan (Exhibit B): The graphic plan for The Villages of Hurricane Creel< that establishes and delineates the respective PD sub -districts such as the Village Center and other Neighborhoods. Thoroughfare: An officially designated federal or state numbered highway or county or other road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City of Anna. Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City Council establishing the location and official right-of-way width of principal highways and Streets in the city, together with all amendments thereto subsequently adopted. Use: The purpose for which land or a Building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part. (Ord. No. 457-2009, adopted 08125109) Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and accessory thereto. Yard: An Open Space, other than a Court, on the same Lot with a Building. 5 Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the front line of the Lot and the nearest portion of the main Buildings including an enclosed or covered porch, provided that the Front Yard depth shall be measured from the future Street line for a Street on which a Lot fronts, when such line is shown on the official map or is otherwise established. Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the rear line of the Lot and the main Building. Yard, Side; A yard between the side line of the Lot and the main Building extending from the Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side line and the main Building. Zoning Map: The official Zoning Map of the City of Anna together with all amendments subsequently adopted. *Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "used" includes designed and intended or arranged to be used; the word "Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel. Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall govern. III. LOT TYPE REGULATIONS The Villages of Hurricane Creel< will include a specific lot type in order to achieve the goals established for fihe district. The lot type and requirement shall be as follows: A. Lot Type SF-84 (70' x 120'1: 1. Purpose: The SF-8Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses, 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitfied in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations, The following minimum standards shall be required as measured from property lines: Lot Size: 8,400 square feet 7 Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size; The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum 1,45 feet where adjacent to single Family or duplex residential District) Lot Width: 70 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Bricl<or rocl<veneer): 80% 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance, 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). Lot Type SF-84 (80' x 120'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: AM ing or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 0 6. Area Regulations: The following minimum standards shall be required as measured from property lines. Lot Size: 9,600 square feet Lot Coverage; The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum (45 feefi where adjacent to single Family or duplex residential District) Lot Width: 80 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% 7. Parkins Rer3ulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). 10 C. Lot Type SF-84 &W x 1201: 1. Purpose: The SF-84 Single Family Residential bistrict is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows. a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 11 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. S. 6. Height Regulations: No building shall exceed thirty-five feet (35'). Area Regulations: The following minimum standards shall be required as measured from property lines. Lot Size: 10,800 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum RearYard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) Lot Width: 90 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% Parkins Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance, 8, Suns: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). D. Lot Type SF-84 (100' x 150'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance, The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c, Pari<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a, Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. 13 d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 15,000 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sl<y from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 100 feet minimum; (measured at the front building line) 14 Lot Depth: 150 feet minimum Masonry (Brick or rock veneer): 80% 7. Parkins Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8, Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). TABLE N0.3-1 Land Use Summary LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (UNITS/ACRE)00000 PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84,07 365 4.34 51.4% 80' x 120' LOTS 45,32 185 4,08 273% 90' x 120' LOTS 14,61 55 3,76 83% 100' x 150' LOTS 19,70 49 2,49 12.0% TOTALI 163.7 654 1 4.00 44.5% OPEN SPACE 148.7 40.4% FIRE STATION 2.S 0.7% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 WON 654 1.76 GROSS 100.0% IV. DEVELOPMENT AND DESIGN STANDARDS A. Accessory Buildings: All development within The Villages of Hurricane Creel< Planned Development District shall comply with Section 35 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further resfiricting permission, location, and type of any accessory structure, IS B. Screening and Fences: All development within The Villages of Hurricane Creel< Planned Development District shall comply with Section 40 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance C. Landscape Standards: All development within The Villages of Hurricane Creel< Planned Development District shall comply with the City of Anna Code of Ordinance Part III-E (Landscape Regulations) in effect at the time of City Council approval of this ordinance. 1. Tree Requirements: For all single-family and duplex parcels, builders shall be required to plant two large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three- inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed. (Ord. No. 56-2003, adopted 211112003) Requirements for single family residential and duplex lots three-inch caliper trees selected from the Large Tree list in the City of Anna Landscape Regulations shall be planted on all single family residential, duplex, and town home lots. At least one of the trees must be placed in the front yard of the lot. Single Family Residential (SF-84) requires 3 trees. The following are approved large trees: Caddo Maple Pecan Shagbark Hickory DeodarCedar Texas Persimmon Black Walnut Eastern Black Walnut Red Cedar Eastern Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oak Chinquapin Oal< Shumard Oal< Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lace Bark Elm Siberian Elm D. Off- Street Parking Requirements. All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 38 of the City of Anna Zoning Ordinance, E. Residential Architectural Standards: 1) House repetition. a. Within residential developments, single family homes with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street. b. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Building Articulation. At least four facade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. a, A base course or plinth course,, banding, moldings, or stringcourses; quoins, oriels; cornices; arches, balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet. b. Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. c. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. d. Front porch of at least 50 square feet. e. The installation of at least two (2) coach lights. f. Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. 3) Roofs. a. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least V (one foot) beyond the building wall, however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". b. Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25 year warranty. Under no circumstances shall three -tab shingles be used as roofing material. 4) Garages. Garages may be front facing or J Swing type. 17 5) Fenestration. Us Windowless exterior walls, excluding garage doors that face a public right-of-way, or other similar highly visible areas are prohibited. On two story structures, windows are required on the first and second story facing a public right-of-way. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater 6) Masonry Content. a. Except as noted below, the exterior walls (excluding windows and doors) on the First Floor Front Elevation of any single family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. b. Except as noted below, the exterior walls (excluding windows and doors) on the Front Elevation of any multi -family structure shall be 100 percent masonry. The total surface area of the remaining exterior walls (excluding windows and doors) shall be 90% masonry. c. Second floor Dutch Gable Roof elements are not required to be masonry if setback at least 3 feet from the first floor front elevation vertical plane. 7) Exceptions to the Residential Architectural Standards in this section may be only occur after application and review by fihe Planning and Zoning Commission and approval by the City Council by Specific Use Permit. (Ord. No. 597-2012, adopted 1012312012) V. DEVELOPMENT SCHEDULE Date Total Lots 2016 250 2017 300 2018 375 2019 450 2020 550 2021 654 Home construction anticipated through the end of 2021. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intentiari of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Willcison, City Secretary APPROVED: Milce Crist, Mayor 20 EXHIBIT LEGAL DESCRIPTIO BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et a( recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows. BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02°48'15"E, 1930.31 feet; THENCE N 89052'55"E, 465.63 feet; THENCE N 89015'32"E, 742.56 feet; THENCE S 90000'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89011'00"E, 794.06 feet; THENCE S 00010'57"W, 232.18 feet; THENCE N 89056'12"E, 1184.36 feet; THENCE S 01006139"E, 55.96 feet to fihe beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; 21 THENCE S 15°42'02"W, 121.60 feet; THENCE with said curve to fihe left, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07017'41"W, 204.65 feet, THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'S2", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet, THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet; THENCE N 890441S01)W, 655.06 feet; THENCE S 00056111"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. 22 EXHIBIT "B" C�%I�[�l�7�e1►1 N Exhibit M WATER FACILITIES HURRICANE CREEK SUBDIVISION IMPROVUMENT AGREEMENT —Page G2 THE FINAL LOCATION AND ALIGNMENT OF THE WATER FACILITIES SHALL BE SUBJECT TO APPROVAL BY THE CITY. THE DESIGN AND CONSTRUCTION OF THE WATER FACILITIES SHALL CONFORM TO THE MOST CURRENT CITY REGULATIONS, WATER LINES CONSTRUCTED ADJACENT TO CR 368, COLLECTOR "B", AND COLLECTOR 1'C" SHALL BE CONSTRUCTED IN EASEMENTS OF APPROPRIATE WIDTH TO ACCOMMODATE ACTIVITIES THAT ARE NECESSARY TO MAINTAIN AND REPAIR WATER LINES. 75 11 r "r/, _ PROPOSEO PROPOSED OFFSITE 12" WATER LINE 12" WATER LINE PROPOSED 16" WATER LI BY THE CITY OF ANNA CCLLECTOR'CV no IINV PROPOSED 12' WATERLINE I BY THE CITY OF ANNA IT PROPOSED OFFSI' 12" WATER LINE EXISTING 12" WATER LINE li!I� P E LOTO N I ' LAND SOLUTIONS 1031b JONN \4. E111O7T ON.6TE I001 fPISCO, T%7503311MI31EW EXHIBIT M -WATER FACILITIES VILLAGES OF HURRICANE CREEK 0 600 1600 GRAPHIC SCALE IN FEET Exhibit N FIRE STATION IIURI2ICANE CREEK SUBDIVISION IlVIPROVEMENT AGREF,MENT —Page 63 ON! OLLECTOR D' 'UI li!II P E LOTO N '' I LAND SOLUTIONS iNlo JOHN V!. F1!lOif OR STE.�00I MJSCO, TX 7W" 14MIiIKO EXHIBIT N -FIRE STATION VILLAGES OF HURRICANE CREEK Exhibit O PARKI,ANll SITES HURRICANE CREEK SUBDIVISION IlVIPROVEMENT AGREEMENT --Page 64 PUBLIC PARK LAND DEDICATION t 30.68 ACRES PUBLIC PARK LAND DEDICATION t 5090 ACRES I�!I� P E LOTO N I''II LAND SOLUTIONS 1N15 JONN Y/, E1LIOif OR. SFE, 400 1 FRISCO, TX 750371J642111PA0 EXHIBIT O -PARKLAND SITES VILLAGES OF HURRICANE CREEK 5 V, > • O 6m L D 0 0 N 0 o LO Lf ) _ o (00 n1C)ON� I N N X X TEEN X p ) O O rn o O J NWE�o�a C) 0 0 0 0 0 L O O oo O LO 00 M O E I I I I z O O O- � L�UC � ) Omimmomm WIMMJ +- oNOMINEE � CO CD SOMEONE CDO p cn NOMINEE X 0 N WED • >�c RM 0O(n O E CO O p O O N �� � LSO o�xN \NEW MEN m� 0 WOMEN CD 222ti cLL Z RL6 O O L 0 0 N co O Cp O • cm C`) �{j — (� O Cfl CU 0 CO CO � C= �- co 6p m C6 (f) cco.. 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O= Q O O 1 Ld> Q Lp 0QVmo Oa)0 cam Lr .o O0 n Z W N 0 c L (n n� 0we �o U� . a)a a)O a) N 4— Q N M O �LLM 0 0 L u W L Q a� a) W � U O O U - C o ms 0 0WIEMJ RS.� CC-'-' O� U=-Yi �O-�'�a) of c:c. mc L W W QE0U)MOO Oo�ca� O O N U O 0�Q0� O N c X O O U L -1� C O T ca � CL O� N L � N O U) L M� U) ♦= O UU • L Q O O � O N O� L 70 O wilmmi m O -� N E O � � � O L 0 U O w Uo L U O N � am O U� OIc � � O amma — N N � E O O U U O O N �mo �O O O U ono • O 6 U X w • O 2) NJ N W OLn m M lD O 00 lD I�% M ri N 00 LD r l ui ui o d o U CITY OF ANNA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: February 24, 2015 City Attorney Click here to enter test. AGENDA SUBJECT: Public Hearinge For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creek. SUMMARY: The City received a petition signed by the owners of an undeveloped tract commonly referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally located in the city limits north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits (the "Property"). The Petition requests that the City create a public improvement district ("PID") over the Property. At its August 28, 2014 special meeting the Council set a public hearing on the advisability of creating the PID. A PID is a district that can be created by a municipality under Chapter 372 of the Texas Local Government Code. a includes a certain area of property for which public improvements are needed. When a City creates a PID, bonds can be issued to help finance public improvements that specifically benefit the district. The bonds generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and similar items located in the development as well as similar off -site projects that provide a benefit to the district. If created, the PID would make assessments against the owners of the Property to pay the debt service on the bonds. The assessments would initially be paid by the developer. Once the property is developed the assessments would be paid by the individual lot owners according to an assessment plan. The developer and the City's financial advisor are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. City staff has been working with the developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with public parks and amenities that would draw new residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer commits to delivering the type of development that staff believes would greatly benefit the City. The subject development is slated for single-family homes and related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American ("Centurion"). Most of Centurion's other single-family developments are in or near the Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single-family developments can be found here: http://centurionamerican.com/county/single-family/ City Staff and the City Attorney are currently working with the developer and the current owners of the Property in drafting a subdivision improvement agreement that would govern development of the Property and the financing of the public improvements through the PID and an overlapping TIRZ. This public hearing is on the advisability of creating the PID. STAFF RECOMMENDATION: A public hearing on this issue was opened on September 23 and held open until the current meeting. If the Villages of Hurricane Creek Subdivision Improvement Agreement is approved, Staff will recommend approval of action to create the Villages of Hurricane Creek Public Improvement District. a CITY OF ANNA, TEXAS AGENDA SUBJECT: Item N0. I I City Secretary's use only City Council Agenda Staff Report Date: 02/19/15 Staff Contact: Maurice Schwanke Exhibits: Yes Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single family residential. SUMMARY: This zoning submittal consists of approximately 368.2 total acres of land within the City of Anna. The uses proposed for this Property follow the intent of the City of Anna Comprehensive Plan. The proposal creates a master planned community featuring a mixture of lot sizes that should encourage sustainable neighborhoods. The following table summarizes the proposed lot sizes and densities: LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 27.7% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 19.70 49 2A9 12.0% TOTAL 163.7 654 4.00 44.5 % OPEN SPACE 148.7 40.4% FIRE STATION 2.5 0.7% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% This PD will replace the existing small lot entitlements with the smallest lot being 8,400 square feet. Also proposed in this PD are integrated parks and open spaces which will help to preserve areas designated within the 100-year floodplain. A fire station location is being planned for incorporation into the development as well as an amenity center. The Planning and Zoning recommended approval of the zoning request at their September 8, 2014. The vote was unanimous. A public hearing was opened and continued at the City Council. STAFF RECOMMENDATION: staff recommends that the Council approve a motion to hold open and continue the public hearing on March 10, at 7:30 p.m. CITY OF ANNA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes February 24, 2015 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution authorizing the City Manager to negotiate an agreement for pre -design architectural services for city facilities. SUMMARY: A total of seven (7) architectural companies responded to our Request for Qualifications for pre -design architectural services in connection with the proposed city hall project. An internal review committee reviewed and ranked the Statements of Qualifications submitted by each company. Based on this review, we interviewed four of the firms that responded including PGAL, Rob Hobbs Architects, Brinkley Sargent Architects, and Randall Scott Architects. STAFF RECOMMENDATION: Based on a review of their qualifications, subsequent interviews and site visits, and a check of references including conversations with previous municipal clients, staff is recommending approval of a resolution that would authorize the City Manager to negotiate an agreement for pre -design architectural services with Randall Scott Architects. A copy of their statement of qualifications and interview presentation is attached with this report. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR PRE -DESIGN ARCHITECTURAL SERVICES WHEREAS, the fiscal year 2015 budget includes funding to select a qualified architect to develop conceptual designs for a new city hall facility based on the recently updated facilities needs assessment; and WHEREAS, funds for this project will come from the General Fund unrestricted Fund Balance; and WHEREAS, on November 13, 2014, the City Council of the City of Anna, Texas ("City Council") authorized Staff to issue a Request for Qualification (RFQ) for architectural services; and WHEREAS, a total of seven (7) architectural companies responded to the City's Request for Qualifications; and WHEREAS, after reviewing and ranking the Statements of Qualifications submitted by each company, the City interviewed four architectural firms; and WHEREAS, based on a review of their qualifications, subsequent interviews and site visits, and a check of references including conversations with previous municipal clients, Staff is recommending approval of a resolution that would authorize the City Manager to negotiate an agreement for pre -design architectural services with Randall Scott Architects; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization to Negotiate Agreement The City Council hereby authorizes the City Manager to negotiate an agreement for pre - design architectural services for a new city hall facility with Randall Scott Architects. CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24'n Jay of February, 2015, Mike Crist, Mayor ATTEST: Natha WilkisonI City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2 Clockwise: Vidor City Hall and Municipal Court, Commerce City Hall and Municipal Court, Jacksonville City Hall and Municipal Court, and Cranbury City Hall and Municipal Court EZANDALL SCOTT ARCHITECTS ARCHITECTURE � INTERIORS I PLANNING STATEMENT OF CUALIFCCATCONS FOR ['RE -DESIGN SERVICES FOR A NEW CCTY HALL CITY OF ANNA DECEMBER 11 2014 ....................................................................................... Randall Scott Architects, Inc. � 14755 Preston Road, Suite 730, Dallas, TX 75254 � 972.664.9100 � www.rsarchitects.com [this page intentionally left blank] 1. COVER LETTER 2. FIRM INFORMATION A FIRM DESCRIPTION............ Be FIRM HISTORY ...................... C. ORGANIZATION CHART... D. TEAM RESUMES .................. ........................................................................................04 .........................................................................................6 ..........................................................................................8 3. LEGAL STATUS, CONTRACT, AND INSURANCE 4. EXPERIENCE AND REFERENCES A. EXPERIENCE WORKING WITH GOVERNEMENT AGENCIES ....................sole.......................... Be REPRESENTATIVE PROJECTS. . 0 0 0 11 0 0 a a a a a a a 0 0 0 q q a a a # I a 10 a a 0 0 4 4 0 0 0 a 0 1 8 10 0 0 0 4 9 0 a a a a a 0 4 0 0 0 * a 0 0 R 0 f f a 0 0 a a # * a 0 # 6 8 0 0 4 8 16 0 & * 4 0 a a a 6 6 19 10 0 p 8 10 a 0 a C. LIST OF ACTIVE PROJECTS AND STAGES. . a 9 9 a 0 9 1 * a a a a # a 6 1 d a 0 0 4 4 4 9 * a 0 4 4 1 a 0 4 0 4 14 0 * 0 0 a 29 � � S. MANAGEMENT AND ORGANIZATIONAL APPROACH A. PROJECT UNDERSTANDING, . 0 0 a * 0 0 f # a 0 a 0 a f p 0 10 a 0 0 a 0 1 0 a 0 a a 1 9 a a a p 0 4 1 b 0 0 a a 0 14 r 0 0 0 4 14 4 . 0 0 110 0 0 a p a 0 * 0 a 0 0 9 p a 0 9 a r a 0 . 0 0 0 0 a a t a a 9 9 a a % 0 r 0 a a a 0 * 0 0 a 0 Be APPROACH AND METHODOLOGY................................................................................................ RANDALL SCOTT ARCHITECTS ARCHITECTURE � INTERIORS � PIANNiNG December 1 1, 2014 Natha Wilkison City Secretary City of Anna 111 North Powell Parkway Anna, TX 75409 RE: PRE- DESIGN SERVICES FOR A NEW CITY HALL Dear Natha and Selection Committee Members, The Randall Scott Architects Consulting Team is pleased to submit our qualifications for the Prosper Town Hall/Multi-Purpose Building. RSA is an award winning design firm that specializing in Municipal and Public architecture with over $3 billion in commissions completed during our 27 year history including numerous City Hall facilities. Additionally, we have completed over 200 Needs Assessments for more than 20 Municipal and Public clients in our 2 1/2 decades of service. We have also completed 8 City/Town Hall commissions, 10 Police/Law Enforcement commissions, 8 Fire Station Commissions, 7 Administration/ Community Meeting commissions, 5 Service Center/Maintenance Facility commissions, 2 Recreation Commissions, and numerous other project types for municipalities and public clients. RSA has designed projects similar to the Anna City Hall for the cities of Vidor, Commerce, Granbury, and Jacksonville and have prepared additional Needs Assessments for this type of project for numerous municipalities throughout Texas. We have also designed two (2) Historic Downtown City Hall projects for the Cities of Granbury and Commerce. Having such a breadth of experience on Municipal projects throughout the state of Texas, we understand the importance of working with City Councils, Aldermen, City Staff and Municipal Stakeholders of all types. RSA has completed commissions for high end and modest Municipal projects, renovations/expansions and new construction and we are a national award winning Municipal design firm with experience in sustainable "green" design. Because of our expertise in this area, we can perform the pre -design services effeciently and provide the City of Anna with necessary imagery to present to the Council, Staff, Citizens, and other interested parties to help secure the necessary financing to complete the final design and construction of the building, For this stage of the project and beyond, RSA has secured the expertise of the following consultants: Purdy -McGuire, Inc. (PMI)/MEP Engineer-PMI is a consulting engineering firm that offers a full range of Mechanical, Electrical, and Plumbing Engineering and LEED Commissioning services.Their Municipal Facility experience includes the Cities of McKinney, Plano, Sachse, and Dallas. PMI has partnered with RSA on a 0 972.664.9100 F 972.664.9122 Randall Scott Architects RFQ for Pre -Design Services for Town Hall/Multi-Purpose Building Natha Wilkison December 11, 2014 Page 2 number of projects over the past 7 years. Jaster-Quintanilla (JQ)/Structural Engineer - JQ is a consulting engineering firm that offers a full range of Structural, Civil, and Survey Engineering services with offices in Austin, Houston, Dallas, Fort Worth. JQ has been working with RSA for 12 years. Charles Gojer and Associates/ Civil -Survey Engineer - CGA is a consulting engineering firm that offers a full range of Civil, Survey, and Structural services and has been working with RSA for over 20 years. Rounding out our consulting team are the firms of DataCom Design Group (AV/IT/Security), Halford Busby (Cost Estimating),TBG Partners (Landscape),Terracon (Geotechnical Engineer), and Johnson - Kelley (Accessibility Specialists), all of whom have City Hall and other municipal facility experience and have partnered with RSA on multiple projects for the past several years. Having completed similar City Halls to this RFQ, the RSA Team is adept at facilitating consensus among Council, Staff, Public Safety Officials, and Citizens. In addition, our Team's recent experience in this project type will provide us with current cost data to accurately estimate your project costs. RSA looks forward to the opportunity to create a signature City Hall for the City of Anna. We have completed over $3 billion of award winning municipal commissions and our team has significant experience in your exact project type. You may rest assured, should you select the RSA Consulting Team as your partner for this project, that our top design professionals will be assigned to your project and will provide the City of Anna with an appropriate solution. We hope you will agree that the RSA Consulting Team's qualifications relative to your project are second to none and select us for this important project! Sincerely, Randall B. Scott, AIA President &CEO Randall Scott Architects, Inc. rscott@rsarchitects.com 214.803.7384 **The success of RSA is based upon the success of our clients and many of our commissions are because of repeat business. RSA grants authorization and encourages the City of Anna and its representatives to contact any of our previous clients for purposes of ascertaining an independent evaluation of our performance.** 1. Firm Information: Randall Scott Architects, Inc. Dallas College Station 14755 Preston Rd, #730 707Texas Avenue, #D-103 Dallas, TX 75254 College Station, TX 77840 972.664.9100 979432403877 2. Structure of Firm: S-Corporation 3. Years in Business: 27 (1987) 4. Principal Names: Randall B. Scott, AIA Greg Conaway, AIA Dan Brantner, AIA Ed Bailey, AIA 5. Primary Contact: Randall B. Scott, AIA (Dallas Office) rscott@rsarchitects.com 214.80347384 Tyler 3200Troup Highway, #130 Tyler, TX 75701 903.508.2453 6.Texas Registered Consultants: All members ofthe RSA ConsultantTeam are registered firms in the State of Texas. 7. Firm History: Randall Scott Architects, Inc. (RSA) was founded by its namesake, Randall B. Scott, AIA in February of 1987 as a general Architectural, Interiors and Planning firm. Since our inception, RSA has grown to a staff of over 20 professionals with offices in Dallas, College Station, and Tyler. Our focus has never veered from our passion of designing leading edge Municipal architecture. Having designed and planned over $3 billion in our venue of Municipal and Public commissions, RSA has designed virtually every building type utilized by a Municipality. As a natural progression of having such breadth of experience, RSA has been commissioned to prepare Master Plans and Needs Assessments for several Municipalities. Our extensive experience designing Municipal, civic and public architecture commissions has forged our four tenet design philosophy of"Timeless Architecture, Sustainability, Innovation and Contextualism"which our senior staff of registered architects incorporate into each commission. RSA is an award winning Municipal and government design firm with experience in sustainable/LEED certified projects. We have designed projects like the City of Anna City Hall for the Cities of Commerce, Vidor, Granbury, and Jacksonville and have prepared Needs Assessments/Pre-Design Services for this type of projectfor many Municipalities throughout Texas. has been fully committed to cutting edge Building Information Modeling (BIM) technology since early 2007, BIM is astate-of-the With well over two decades of Municipal and Public Architecture experience, RSA is committed to this venue. As such, we have been ardent supporters of the Texas Municipal League and have exhibited at the TML Conference for the past 15 years. We serve clients large and small, near and far, urban and rural, yet approach each project with the same commitment and passion for excellence regardless of the owner's location. Our history of highly successful projects and many repeat clients reflects RSA's desire to establish lasting relationships. i r Our expertise relative to this project is as follows: RSA has completed over $3 billion in Municipal and Public projects 1� throughout the state of Texas over the past 27 years. > We have prepared more than 200 individual Needs Assessments/Pre-Design Services for Municipal and and other public clients throughout the state. � Experience with two (2) Historic Downtown City Halls for Granbury and Commerce. RSA has designed four (4) City Hall Buildings Needs Assessment, Design, and Construction of New Municipal and Public Agency Facilities City of Commerce - Needs Assessment and Facility Design » City Hall, Municipal Court, Police Department, EOC and Fire Department City of Vidor -Needs Assessment and Facility Design » City Hall, Municipal Court and Emergency Operations Center City of Granbury - Needs Assessment and Facility Design » City Hall, Police Department, Municipal Court and EOC City of Jacksonville - Needs Assessment and Facility Design » City Hall and Municipal Court • Town of Prosper -Needs Assessment, Site Analysis, and Feasibility Study » City Hall, Police Department and Municipal Court City of Center - Needs Assessment and Facility Design » Police Department and Municipal Court City of Tomball - Needs Assessment and Facilities Master Plan » City Hall, Municipal Court, Public Works and Police Facilities City of College Station - Needs Assessment and Municipal Campus Master Plan » Needs Assessment -City Hall, Fire Administration and Police Department � »Municipal Campus Master Plan -City Hall, Municipal Court, Seniors Center, Recreation Center, Mixed Use Retail/Residential, Recreation and Conference Center/Hotel City of Willis - Needs Assessment, Site Analysis, and Feasibility Study » City Hall, Police Department and Municipal Court City of Sugar Land - Needs Assessment, Feasibility Study and Campus Master Plan » Police and Fire Department Training Facility including Classrooms, Gym, Offices, Driving Track and Outdoor Training Areas City of Corinth - Needs Assessment and Facilities Program r® 'i » City Hall, Municipal Court and Police Department City of Clyde - Needs Assessment and Campus Master Plan » Police Department, Fire Department and EMS Facility Campus I City of Haltom City - Needs Assessment and Campus Master Plan » Public Works Facility, Central Fire Station and Animal Control Facility 2 -��,� �`AANtaAIT SOM .... AU111THCTS Randall B. Scott, AIA Principal -in -Charge/ Project Designer PRIME ARCHITECT RandallS 0 Architects - - Greg Conaway, AlA Project Director/Co-Designer h1EP Structural Engineer PRIME ARCHITECT Cort Estimator Purdy -McGuire faster-Qutntanilla Randall Scott Architects Hallord Busby Kip Hanzlicek, PE Tom Scott, PE Dan Brantner,AIA, LEED AP William McCauley MEP Principal Structural Prindpal Studio Leader Estimating Principal Camille Barton, PE Akshai Ramakrishnan, PE Ed Bailey, AlA Robert Weber Project Manager Project Manager DlrectorofOperations Estimator Vance Lazar, AtA Rendering Specialist Ron Schultz, AIA Project Architect AV/ITfSecurity Lands cape Architect Donnie Reece Accessibility Specialists DataCom Design Group TBG Partners BIMManager Johnson -Kelley Associates John Lewis, RCDD Mark Mayer, ASLA Andrea Reay,ASID Jeff Kelley, RAS AV/fT/Security Pdncipzl Landscape Principal Intedor Designer Accessibility Principal Michael Quirl, RCDD Mattjagunic Steve Johnson, RAS Project Manager Project Manager Project Manager Location of Prime Firm - RSA (Dallas) Location of Consultants Al A a Purdy -McGuire (Dallas) ILA" r Jaster-Quintanilla (Dallas) y'' r Gojer and Associates (Dallas) r DataCom Design Group (Dallas) r Halford Busby (Houston) t Johnson -Kelley (Dallas) t Studio TBG (Dallas) r Terracon (Dallas) CIvIIlSurvey Engineer Chades Gojer&Assoc. Darren Andrews, PE CIWI/Survey Principal Jennt(er Long, PE Project Manager Environmental Consultant Terracon Greg Calhoun, PE Geotech Principal Dan Franklin, PE Project Manager 3 RSA -Randall B. Scott, AIA will be the Principal in-Charge/Lead Designer on this project. Greg Conaway, AIA will be the Project Director/Co-Designer and with Randall will be the City's main contact throughout the process. Ed Bailey AIA is RSA's Operations Manager and will manage RSA's production staff, review code compliance issues and oversees schedule compliance at RSA on project milestone dates on the proposed project. Dan Brantner, AIA will be the LEED Accredited Professional and the Studio Leader at RSA managing the design production and construction administration phase services on your project. He wilI have primary responsibility for production and construction administration phases through the one year warranty walk-through. Purdy -McGuire -Kip Hanzlicek, PE will be the MEP Engineering Principal -in - Charge and Camille Barton, PE will be the Project Manager for PMI. Jaster Quintanilla -John Hoenig, PE, LEED AP will be the Structural Engineer Principal -in -Charge and Akshai Ramakrishnan, PE will be the Structural Designer and Project Manager for the project. Gojer and Associates -Darren Andrews, PE will be the Civil Principal -in -Charge and will direct the civil and surveying services on the project. Leland Boland, PE wilI be the Civil Project Manager for CGA. Datacom Design Group -John Lewis, RCDD will be the AV/IT/Security Principal in Charge and will direct the these services on the project. Michael Quirl, RCDD will be the AV/IT/Security Designer and Project Manager for DDG. Halford Busby -Bill McCauley will be the Estimating Principal -in -Charge and will perform the majority of the cost estimating services for the project. Robert Weber will assist Bill with the estimating take -offs. Johnson -Kelley -Jeff Kelly, RAS will be the Registered Accessibility Specialist Principal -in -Charge and will direct the accessibility cosulting services for the project. Steve Johnson, RAS will assist in performing accessibility due -diligence assessments for Johnson -Kelley. Studio TBG -Mark Mayer, ASLA will be the Landscape Architecture Principal-in- Chargeand will direct the Landscape Design and Irrigation design services on the project. Matt Jagunic will be the Project Landscape Architect for Studio TBG. Terracon -Greg Calhoun, PE will be the Geotechnical Principal -in -Charge and will direct the Environmental Design services on this project. Dan Franklin, PE wilI be the Project Manager. 0 [this page intentionally left blank] �� RAN DALL B . S C OTT, AIA Years with Firm 27 Years City of Residence Dallas Education M. Arch., Texas A&M University, 1982 B.E.D., Texas A&M University, 1979 Registration Architectural:TX (No. 9799), AR, KS, MO, NC,TN Interior Design (No. 5591): TX Professional Affiliations American Institute of Architects Texas Society of Architects Dallas Chapter AIA Texas Municipal League U.S. Green Building Council References Harold Sandel Cranbury City Manager (at the time this project was designed and constructed) 1817.408.7167 Marc Clayton I Commerce City Manager 1903.886.1130 Ricky Jorgensen I Vidor City Manager (at the time this proiect was desianed ROLE: PRINCIPAL -IN -CHARGE President & CEO Randall Scott Architects, Inc Qualifications and Role A specialist in the design of Municipal and Public Architecture for the past 27 years, Randall has been the Principal-in-Charge/Project Designer on $3 billion of Municipal and Public Architecture commissions. A registered Architect and Interior Designer in the state of Texas as well as several other states in the US, Randall has extensive experience in the design of Town Halls, Multi -Purpose Facilities, Community Meeting Facilities, Fire Stations, Fire Administration, Municipal Courts, Police Departments, Emergency Operation Centers, Training Facilities, Service Centers, Public Works Facilities, Purchasing Facilities, Fleet Maintenance Facilities and other Municipal/Public Architecture. He is an experienced Needs Assessment Consultant, Programmer, Master Planner, Interior Designer and Architect of Municipal and Public commissions. While always keeping the Owner's budget and schedule in mind, Randall is a visionary out -of -the -box thinker, always pushing the design envelope with fresh ideas and challenging pedestrian design theories while incorporating RSA's four design tenets of"Timeless Architecture," "Sustainability, "Innovation"and "Contextual ism:' Randall is the recipient of multiple design awards for Municipal and Public Architecture and his personal goal is to bring national and regional recognition to our Clients as leaders among their peers for ground breaking design and planning. Randall is at the forefront of Sustainable Design and BIM Technology in the A/E industry and will serve as the Principal -in -Charge and Lead Designer for this project. r e: r Jacksonville City Hall and Municipal Court Facility Granbury City Hall, Police Department, Municipal Court and EOC Facility City Hall, Police Department, Municipal Court and EOC Needs Assessment and Facility Design - Granbury, TX (Principal -in -Charge/ Lead Designer) Police Department and Municipal Court Needs Assessment and Facility Design - Center, TX (Principal -in -Charge/ Lead Designer) City Hall, Municipal Court, Public Works and Police Assessment and Facilities Master Plan -Tomball, TX (Principal -in -Charge/ Lead Designer) Needs Assessment and Municipal Campus Master Plan - College Station,TX (Principal -in -Charge/ Lead Designer) City Hall, Police Department and Municipal Court Needs Assessment and Site Analysis - Willis, TX (Principal -in -Charge/ Lead Designer) City Hall, Municipal Court and Police Department Needs Assessment and Facilities Program - Corinth, TX (Principal -in -Charge/ Lead Designer) Police Department, Fire Department and EMS Facility Campus Needs Assessment and Campus Master Plan - Clyde, TX (Principal -in -Charge/ Lead Designer) Public Works Facility, Central Fire Station and Animal Control Facility Assessment and Master Plan - Haltom City,TX (Principal -in -Charge/ Lead Designer) Animal Control Facility Assessment and Master Plan - Richland Hills, TX (Principal -in -Charge/ Lead Designer) Additional Municipal Experience Texas Department of Public Safety Administration and Training Center and Administration Facility- Florence, TX (Principal -in -Charge/ Lead Designer) Texas Department of Public Safety Fleet Maintenance Facility - Florence, TX (Principal -in -Charge/ Lead Designer) Central Fire Station, EOC, and Fire Administration - City of Decatur, TX (Principal -in -Charge/ Lead Designer) Central Fire Station, EOC, and Fire Administration -Joshua, TX (Principal -in -Charge/ Lead Designer) Fire Station No. 40 (LEED Silver) - Dallas, TX (Principal -in -Charge/ Lead Designer) Central Fire Station, Police Department, EOC, and Fire Administration - Commerce, TX (Principal -in -Charge/ Lead Designer) Central Fire Station, EOC, and Fire Administration - Haltom City, TX (Principal -in -Charge/ Interior Designer) Fire Station No. 7 and Community Room - North Richland Hills, TX (Principal -in -Charge/ Interior Designer) Fire Station No. 4 and Community Room - North Richland Hills, TX (Principal -in -Charge/ Interior Designer) Office Building and Maintenance Shop-TxDOT- Gilmer, TX (Principal - in -Charge/ Lead Designer) Engineering Office Building -TxDOT - Atlanta, TX (Principal -in - Charge/ Lead Designer) District Lab Building -TxDOT - Dallas, TX (Principal -in -Charge/ Lead Designer) Inwood Road Operations Center - Dallas, TX (Principal -in -Charge/ Lead Designer) MLK Government Center Master Plan and Conceptual Design- Dallas, TX (Principal -in -Charge/ Lead Designer) Scott White Primary Care Clinic - Kileen,TX (Principal -in -Charge/ Lead Designer) Cardiac and Pulmonary Rehab Center- Irving,TX (Principal -in - Charge/ Lead Designer) Parkland Hospital IV Pharmacy- Dallas,TX (Principal -in -Charge/ Lead Designer) GREG CONAWAY, AIA Years with Firm 21 Years City of Residence Frisco Education M. Arch.,The University ofTexas at Arlington, 1979 B.S. Arch,The University of Texas at Arlington,1974 Registration Architectural:TX (No.7913) Professional Affiliations American Institute of Architects Texas Society of Architects Construction Specifications Institute References Ricky Jorgensen 1 Vidor City Manager (at the time this project was designed and constructed) 1979,540,2712 Harold Sandel � Cranbury City Manager (at the time the project was designed and constructed)1 a I A08./ 16/ aroldsandel@yahoo.com Marc Clayton � Commerce City Manager � 903.886.1130 Clayton@commercetx.org ROLE: PROJECT DIRECTOR Sr. Vice President Randall Scott Architects, Inc. Qualifications and Role As Sr. Vice President with over 21 years experience at RSA, Greg is the number two ranked and most tenured individual in the firm. His breadth of experience on all types of Municipal and Public Architecture commissions provides him with the unique ability to address design and planning issues from the larger perspective. A programmer, planner, designer and project manager with experience on numerous Municipal and Public projects from inception through the one year warranty inspection, Greg is a consensus builder always cognizant of keeping the Owner's budget and schedule in check. His experience on numerous national award winning projects reflects his sensitivity toward design, sustainability and embracing the future. Greg has over 30 years experience as a registered Architect bringing a tremendous depth of experience to our Clients' projects. In addition to his experience on Municipal and Public Architecture projects, he is highly experienced in Needs Assessments, Feasibility Studies and Master Planning. Greg will serve as the Project Director and Co - Designer on this project. )AN BRANTNER, AIA, LEED AP Years with Firm 8 Years City of Residence Dallas Education B. Arch., North Dakota State University, 1982 Bachelor Science, North Dakota State University, 1981 Registration Architectural:TX (No. 11441) Professional Affiliations American Institute of Architects Texas Society of Architects U.S. Green Building Council AIA -Dallas Chapter References Britton Barr I DPS Training Center Project Manager 1 51146181981 britten.ba rr@tfc.state.tx.us Mike Peacock � Joshua Director of Operations 1817.558.7447 I diroperations@cityofjoshuatx.us Mike Richardson � Decatur Fire Chief � 940.627.3199 � mrichardson@ decaturfd.com ROLE: SR. STUDIO LEADER Vice President Randall Scott Architects, Inc. Qualifications and Role Dan is Vice President of RSA and is the third highest ranking individual in the firm. In addition to having 30 plus years experience and being a registered architect, Dan is a LEED Accredited Professional (LEED AP) and directs sustainability efforts within the firm. He prepares and dire ctsSustainability Charrettes on RSA projects and coordinates the documentation on LEED certified commissions designed by RSA. In addition to his sustainability responsibilities, Dan directs one of RSA's Architectural Studios. His Studio produces primarily government and public architecture commissions. A member of Mensa, Dan is highly intelligent, a proficient researcher and a skilled Project Manager. He is an experienced cost estimator and project scheduler utilizing RSA's proprietary cost estimating software and Microsoft Project scheduling software. Dan will be the Studio Leader at RSA managing the design production and construction administration phase services on this project. He will be heavily involved with Randall and Greg in the programming and design phases continuing with primary responsibility for sustainable design, production and construction administration through the one year warranty walk-through. E D BAILEY, AIA SR. ASSO(JATE/ OPERATIONS MANAGER Years with Firm 10 Years Experience 36 City of Residence Denton Education Master of Architecture, Iowa State University, 1978 Bachelor of Science Iowa State University, 1974 Registration Architectural: TX (15852), AL, MO, GA, OK Professional Affiliations American Institute of Architects Texas Society of Architects Dallas Chapter AIA References Ricky Jorgensen I Vidor City Manager (at the time this project was designed and constructed) 1 979,540.2712 Marc Clayton I Commerce City Manager 1903.886.1130 1 marc.clayton@commercetx.org Operations Manager Randall Scott Architects, Inc. Qualifications and Role Ed is a Sr. Associate, the Manager of Operations at RSA and the fourth highest ranking individual in the firm. He has over 36 years experience Designing Civic Projects and preparing Construction Documents. His experience includes Local, State and National projects consisting of Municipal, Civic and Government Buildings, Feasibility Studies, Facilities Programming, Space Planning and Interiors. Ed will manage RSA's production staff, review code compliance issues and oversee schedule compliance at RSA on project milestone dates on the proposed project. His responsibilities include working with RSA's Studio Leader on the preparation of Design Documents, Construction Documents and Specifications. Ed will assist with the preparation of a Microsoft Project Schedule and Cost Estimates for the project (using RSA's proprietary estimating software). KIP D. HANZLICEK, P.E. Years with Firm 26 Years City of Residence Dallas Education B.S. Architectural Engineering, Kansas State University, 1984 Registration Engineer:TX (66794) and 37 other states Professional Affiliations National Society of Professional Engineers Texas Society of Professional Engineers ASHRAE References S. Denton Walker III I Development Director 1214A63.3633 1 dwalker@trammellcrow.com Mark Fewin 1 Global Director � 214,863.4135 � mark. fewin@cbre.com ROLE: MEP PRINCIPAL President Purdy -McGuire, Inc Qualifications and Role Kip is President of Purdy -McGuire, Inc. and has been providing Consulting Engineering services for Purdy -McGuire since 1984, He has served as design engineer, project manager, and construction administrator for a wide variety of Municipal building types, including Police Facilities, Municipal Courts, Emergency Operation Centers, Fire Stations, as well as commercial projects such as high-rise and mid -rise office buildings, corporate headquarters, critical data facilities, call centers, large restaurants, and multi -story interior design projects. He is highly skilled in HVAC, thermal storage, automated energy management and controls, plumbing, fire protection, normal and emergency power, and auxiliary systems. Kip and the firm of Purdy - McGuire have worked on numerous projects with RSA for over 6 years. Kip will be the MEP Engineering Principal on this project and will coordinate with PMI's Design Engineers to design the Mechanical, Electrical and Plumbing Systems and maintain the quality, schedule and budget for the project. Texas Department of Public Safety Adm(nistration andTraining Center Fire Station No. 40 -Dallas Municipal and Government Experience Police Department, Municipal Court, City Hall, Central Fire and Emergency Operations Center - Commerce, TX (Structural Principal) (RSA Project) Fire Station No. 40 - Dallas, TX (Structural Principal) (RSA Project) Texas Department of Public Safety Administration and Training Center - Florence,TX (Structural Principal) (RSA Project) Police Headquarters Feasibility Study - Dallas,TX Police and Courts Facility - Garland, TX Police, Courts and Jail Facility - Baytown, TX Fire Station No. 38 - Dallas TX (Structural Principal) Fire Station No. 39 - Dallas, TX (Structural Principal) Central Fire Station - Frisco, TX (Structural Principal) Fire Station No. 5 - McKinney, TX (Structural Principal) Fire Station No. 6 - McKinney, TX (Structural Principal) Fire Station No. 8- McKinney, TX (Structural Principal) Smith County Juvenile Detention Facility, Smith County, TX Jack County 1036-13ed State Jail Facility, Jacksboro, TX Wichita Falls County Intermediate Sanctions Facility, Wichita Falls, TX Burnet County 56-13ed Jail Expansion, Burnet, TX Public Safety Building, Gainesville, TX Highland Village Municipal Complex, Highland Village, TX EI Paso County Courts, Office, and Juvenile Detention Facility Addition, El Paso, TX EI Paso County Juvenile Justice Center, Addition of Secure Post - Adjudication Facility, EI Paso,TX 14 Dallas Fire Station No. 25 FIRE STATION NO fS . * ' c • � . Zvi-r j o�i); Dallas Fire Station No. 25 Dallas Flre Station No. 25 Municipal and Public Experience Fire Station No. 25 - Dallas,TX (Civil Principal) Site development for the project included a site plan, grading and drainage plans, and a utility plan provided for on -site water and sanitary mains. South Dallas Police Facility- Oallas,TX (Civil Principal) This project concerned site development for a new 39,500 square foot station. The project included drainage, grading, paving and utilities and a new service road including 300 feet of 54Z' RCP culvert along with over 1000 feet of a new 12" water line and a new 8" sanitary sewer. Polytechnic Heights Police Substation -Fort Worth, TX (Civil Principal) CGA provided site development services for a new 45,000 square foot police facility in south Fort Worth. The project included paving, drainage and utilities. The new Police Station is the first city -owned facility to achieve LEED certification. The police substation, at 1100 Nashville Ave. in Council District 8, received 42 points out of a possibl, 69 points in the LEED system. The original goal was to obtain LEED Silver certification; however, the architect and engineering firm were able to achieve LEED Gold while still coming in under budget. The substation opened in December 2010. Plano Criminal Justice Center - Plano, TX (Civil Principal) Border and Transportation Security Detention Services Center - Pearsall,TX(Civil Principal) Kaufman County Jail - Kaufman, TX (Civil Principal) TDO High Security and Administration Building - Woodville, TX (Civil Principal) 15 Texas Department of Public Safety Administration and Training Center R Decatur Central Fire Station City ofVidor Clty Hall, Municipal Court and EOC Facility Municipal Experience Texas Department of Public Safety Administration and Training Center —Florence, TX (Senior Estimator) (RSA Project) City Hall, Municipal Court and EOC Facility—Vidor,TX (Senior Estimator) (RSA Project) Central Fire Station and Fire Administration- Decatur, TX (Senior Estimator) (RSA Project) Police Department - Brenham, TX (Senior Estimator) South Central Police Station - Dallas,TX (Senior Estimator) South Central Police Substation Fuel Island - Dallas, TX (Senior Estimator) Police Department Live Shooting Range House - Houston, TX (Senior Estimator) District 18 (Fondren) Police Station - Houston, TX (Senior Estimator) Police and Municipal Court Facility - La Porte, TX (Senior Estimator) Stafford Police, Court and Fire Stations - Stafford, TX (Senior Estimator) Police Command Station @Tulley Stadium - Spring Branch ISO (Senior Estimator) Sheriffs Office Command Center - Bryan, TX (Senior Estimator) DPS Area Office - Snyder, TX (Senior Estimator) DPS Public Safety Facility - McAllen,TX (Senior Estimator) DPS West Facility on Southlake Blvd - Houston,TX (Senior Estimator) DPS Security Control Center - Austin,TX (Senior Estimator) Crime Lab and Renovations - Corpus Christi, TX (Senior Estimator) Police Substation - Fort Worth, TX (Senior Estimator) Police Headquarters Expansion - Irving,TX (Senior Estimator) 16 To the best of our knowledgeI no member of our proposed team has been involved in a claim concerning any performed work. To the best of our knowledge, no member of our proposed team is currently involved in any pending litigation or claim that would affect our performance under a Contract, ACORO` CERTIFICATE OF LIABILITY INSURANCE Cert °"�'°x°n""Y' 6/33/3014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certi icate holder In lieu of such endursemenl(s). MER H<Laughlin Brunson Insurance Agency, LIP 12801 N Central Expressway Sui[e 1]10ADDRESS uallae TX 75243 CONTACT Melissa Pratt NpeNE Txg (214) 503-1213 _LffHe:(214) 503-8859 INSUREaaRA: RInde=itGC ONEHIAGE A Travelers 25658 RED andell Scott Architects, Inc. INSURERS Hudson Insurance C anyr 25054 de Ins. Company NSURERC Travelers L1 n 41262 velars Casualty 4 Surety Co, 19038 19]55 Preston Road, 0730 uallae IS 75254 INSURER F: u 2563] THIS IS TO CERTIFY THAT THE POLICIES OF 015URP110E LISTED BELO':/ HAVE BEEN ISSUED TO THE INSURED NPAtEp ABOVE FOR THE POLICY PERIOD mOICATEp. NOT'IITHSTMIDING P11V REOUIRE2,IENT, TEft13 OR LONDITIQ`! OF ANY CONTRACT CR OTHER DOCUMENT 61ITH RESPECT TO \'NIGH THIS CERTOICATE IAAY BE ISSUED CR I.IAY PERTAIN, THE INSURNICE PFFORpEO BY THE PoLICIES DESCRIBED MEREOI IS SUBJECT TO ALL THE TERIAS, EXCLUSIONS ANO CONpITIONS OF SUCH POLICIES. UTAITS SHOIYN I.IAV HAVE BEEN REDUCED BY PAID L WI.IS. ns GENERAL. LuIVUTY 1 1/0000000 I C %CA LIABILITY Y Y PACP1992LT5A 6/19/2014 6/19/2015 IlhJ p a E s 1,000,000 _ 6 100000 ❑X s oE�OCCURnLF E Contactual Liability PERSONA aAONVUURY $ 10000000 s 2,000,000 c s 2,a00,000 $ AUTOWIFUE LlAenmlKnE iEA11000,000 B IAm((P"WIW) 6 AANYAUTO I y BA7A268113 6/12/2014 6/19/2015 SOCALYINARY(PoaaawnH $ ALL MT E u SCoDuUEO AUTOS AUTOS WN�ANEO Auros ALTOS E0 _ s S A % UWSAELLA UASX OCCUR Y y CUP6423Y536 6/19/2014 6/19/2015 EA 6 5,000,000 s 51000,OOo EXCESS USE CIAIVSAIADEAOUtEGATE0 3 u An EUFLov6Rs Nutl, nFN�1�uoEot TrvE❑ R Y UB5910Y066 5/1/2014 5/l/3015 %t VICE is O� EH s 1,000,000 - yE 6 1,000,000 °1Claim POLICY n $ 1, 000,000 wsscs ELiability Professional ll Y AEET2]'13-02 6/29/2014 6/29/2015 Per $ 2,000,000 Annual $ 4,000,000 Aggzagete sclaggrtl professional liability < rage Se the total aggregate li>ut for all claims The claimmadetEs ity coveragetheate 11 3rt for presented wi[hin the policy period and ieveubj subject to a deductible. eated within SHOOED ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NONCE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Haeter Certificate Ut AUTHaR¢EO R wAt TrvE ACORD 25 (2070/05) The ACORD name and logo are registered marks of ADDRD gage 1 of 1 RSA is not presenting any known exceptions to this RFQ or contract with the City of Anna. 17 1 i. Project Name and Location City Hall and Municipal Court Needs Assessment and Design Vidor, TX ii. Year Completed September 2010 •� iii. Project Description 9 I The City ofVidor commissioned RSA to design a new City nHall and Municipal Court facility with a joint use Council Chambers/ Municipal Court/ EOC that was "hardened"and able to withstand 145 mph hurricane strength winds. RSA's design called for a slightly curved multi -faceted building exterior with aquamarine colored glass to reflect the coastal setting of this Municipal Administration Building. The white • stucco veneer was articulated with reveals to resemble a limestone facade against which the aquamarine glass and clear anodized curtainwall stand in stark contrast. This project is applicable in that RSA performed the Needs Assessment, Facility Programming and Final Design.The Facility contains similar program requirements such as City Hall, Municipal Court, and Administration space represented in this RFQ. The building has two emergency generators which were funded through a Home -Land Security Grant; one supports the entire building and a second redundant generator runs the hardened EOC only. An independent underground water welI and propane tanks provide utilities in the event of a natural disaster. The EOC, supporting mechanical systems, power and data equipment are protected by an innovative poured in place insulated concrete forms (ICF) wall system and a poured in place concrete roof structure. iv. Reference Ricky Jorgensen (Former City Manager of the City of Vidor) (Current City Manager of the City of Giddings) Municipal Building 118 E. Richmond St I Giddings, TX 78942 979.540.2712 citymanager@giddings.net ADDITIONAL INFORMATION Project Construction Cost! Delivery Method $4.5M/ CSP Services Provided by RSA Facility Audit, Needs Assessment/Facilities Programming, Architectural Design, Interior Design, Construction Documents, Bidding/Negotiation, Construction Phase Services and Furniture/Equipment Planning I Services provided through RSA by our consultants included Structural, Mechanical, Electrical, Plumbing, Landscape Architecture, and Audio/Visual Consulting Services, Project Team Principal-in-Charge/Project Designor. Pnnr4all B. Scott, AIA Project Director/Co-Designer -Greg Conaway, AIA Studio Leader — Ed Bailey, AIA m t 17 sr '1. •) Council Chambers, Municipal Court, and Community Meeting Room Staff Entrance r= i City Manager's Conference Room and Community Meeting Room 19 f i. Project Name and Location City Hall, Municipal Court and Public Safety Complex Needs Assessment and Design I Commerce, TX ii. Year Completed June 2007 iii. Project Description The Commerce City Hall and Public Safety Complex consisted of two buildings approximately a block apart connected by common parking and a pedestrian mall. The City engaged RSA to prepare a Preliminary Needs Assessment and Feasibility Study for the project to determine the appropriate sites for the buildings, their anticipated scope and cost. Located in a historic downtown CBD, RSA was tasked with comparing an infill site for the City Hall with reusing the existing City Hall/Police Headquarters site. The latter solution was chosen in favor of allowing the infill site to develop as a green space while utilizing the existing City Hall building site to expand the CBD and invest in the City's downtown revitalization efforts. The City Centre, as it is referred to, reflects the traditional red '', brick and white cast stone palette of materials found in the downtown CBD. A civic plaza was placed as the central focus of the building with a traditional clock tower set at a 45 degree axis to the site opening towards the Central Business District. A short walk away down a pedestrian mall, the Public Safety Complex contains Police, Detention, Dispatch, Fire Administration and Fire Operations. The design of the Commerce City Hall and Public Safety Complex reflects the historic character of this City's traditional downtown CBD and the modest budget available for these much needed facilities. iv. Reference Marc Clayton- Director Administrative Services ❑r-I , 1119 Alamo I Commerce, TX 75248 yp U L 903.886.1130 1 marc.clayton@commercetx.org ADDITIONAL INFORMATION Project Construction Cost/ Delivery Method $2.1 M/ CSP This project is applicable in that RSA performed the Needs Assessment, Facility Programming and Final Design. The Facility contains similar program requirements such as City Hall, Municipal Court, and Administration space represented in this RFQ. Services Provided by RSA Facility Audit, Needs Assessment/Facilities Programming, Architectural Design, Interior Design, Construction Documents, Bidding/Negotiation, Construction Phase Services and Furniture/Equipment Planning I Services provided through RSA by our consultants included Structural, Mechanical, Electrical, Plumbing, and Landscape Architecture. Project Team Principal-in-Charge/Project Designer -Randall B. Scott, AIA Project Director/Co-Designer -Greg Conaway, AIA Studio Leader — Ed Bailey, AIA e Reception/ Bill Pay Building Lobby and Utility Billing and Permitting Service Counters Mal .r Council Chamhers/Municipal Court Dias 21 I1, Fill" r�® �l i. Project Name and Location Hall, Municipal Court, Police Department and Visitors Center Needs Assessment and Design I Granbury, TX _ ii. Year Completed October 2002 0' All iii. Project Description The new City Hall site was located on an occupied tract of t; land directly adjacent to the downtown square within the historic overlay district. The exterior design of Granbury City Hall borrows from the architectural fabric of the Hood County Courthouse, Granbury Opera House and Nutshell Retail Shop all located on the historic square incorporating large format rough hewn limestone, authentic wood windows, heavy cornices, eye -brow lintels and metal standing seam roofing. Inside, the historic perception continues with inlaid mesquite wood floors, American cherry wood millwork, hammered patina copper countertops, stamped metal ceilings and stone accents. __ The multi -purpose municipal building contains City Administration Offices, Police Department, Utility Billing, Building Inspection, Municipal Court, Council Chambers and the Convention & Visitors Center (CVC). The project was 7fdesigned to allow the City to remain in its original building on site until the new City Hall was completed. iv. Reference Harold Sandel- Former City Manager for the City of Granbury 817A08.7167 haroldsandel@yahoo.com ADDITIONAL INFORMATION Project Construction Cost/ Delivery Method $4M/ CSP vices Provided by RSA Ser Facility Audit, Needs Assessment/Facilities Programming, Architectural Design, Interior Design, Construction Documents, Bidding/Negotiation, Construction Phase Services and Furniture/Equipment Planning I Services provided through RSA by our consultants included Structural, Mechanical, Electrical, Plumbing, Landscape Architecture, and Audio/Visual Consulting. Project Team Principal-in-Charge/Project Designer -Randall B, Scott, AIA Project Director/Co Designer Greg Conaway, AIA Studio Leader - Greg Conaway, AIA This project is applicable in that RSA performed the Needs Assessment, Facility Programming and Final Design. The Facility contains similar program requirements such as City Hall, Municipal Court, and Administration space represented in this RFQ. 22 -- Lobby Municipal Court - - i 7 "t � Project Description The Jacksonville City Hall had a modest budget and was designed accordingly. The project scope included a story and a half Building Lobby, a dual purpose Council Chambers/ Municipal Court, Pre-Council/Jury Sequester Room, City '- Manager's Office, Conference Room, Assistant City Manager's Office, City Secretary, Finance Director, Vault, Judge's Office and Municipal Clerk's Service Counter & Files, Utility Billing, Permitting and other support functions. This commission T was designed by RSA to have a primary entrance for visitors and Council meeting attendees and a secondary entrance for citizens visiting the Municipal Court per the City's belief that these two groups of people had very different purposes and intents when they visited the facility. The building exterior utilized a combination of cost effective cultured stone with brick, aluminum and wood accents. A barrel vaulted roof at the Building Lobby allows soft north light into the public spaces providing warmth to the wood floor and cultured stone accents. �— _ BIM and Sustainability The Jacksonville City Hall was prepared in Building Information Modeling (BIM) software. The sustainable design included high efficiency HVAC systems, low water usage fixtures and landscaping, high albedo paving and roofing materials, energy efficient lighting and increased building insulation. This project is applicable due to it being a City Hall with Council Chambers and Community Meeting Spaces. Type of Building New City Hall and Municipal Court Project Location City of Jacksonville, TX Project Construction Cost $3M Delivery Method Competitive Sealed Proposal Services Provided by RSA Needs Assessment/Facilities Programming, Architectural Design, Interior Design, Construction Documents, Bidding/ Negotiation, Construction Phase Services and Furniture/ Equipment Planning. Services provided through RSA by our consultants include Structural, Mechanical, Electrical, Plumbing, Landscape Architecture, and Audio/Visual Consulting Services, Project Team Principal-in-Charge/Project Designer -Randall B. Scott, AIA Project Director/Co-Designer -Greg Conaway, AIA Studio Leader - Ed Bailey, AIA Structural Engineer-Jaster Quintanilla Schedule and Budget This project was completed on time and within budget 24 �u sartue r;~ Project Description RSA prepared a Facility Needs Assessment for a New Town Hall, Municipal Court and Police Headquarters for the Town of Prosper. City Hall/Municipal Court: Scope of Work included facilities for the Town Administrator, Town Secretary, Finance Department, Building Inspection & Permitting, Community Development, Council Chambers, Municipal Court and Municipal Court Clerk. The Municipal Court and Council Chambers were combined into a dual purpose space to save on cost. 13 "" Police Headquarters: The Scope of Work for Police Facilities included Police Reception, Records Storage, Transcription, Police Chief & Assistant Police Chief's Offices, Detective's Offices, • OMMA WE& Sergeant's Offices, Patrol/Briefing Room, Men's & Women's Locker Rooms, Evidence Storage Room, Crime Lab, Armory, Conference Room, Police Administrative Offices, Interrogation Room, Interview Room, Reception, and Break Room. This project is applicable due to it being a Needs Assessment of a Town Hall facility for the Town of Prosper in the same general location for the currently proposed RFQ. RSA prepared a detailed written Facilities Program and multiple scenarios of Site Development Plans with associated cost estimates for each option. This information was then reviewed with Town Staff and Council for their review and direction. Subsequent to the Study prepared by RSA, the Town had the opportunity to purchase an existing building in downtown Prosper for use as its short term Town Administrative Offices. Originally the Town of Prosper asked RSA to study sites in the downtown area near Main Street. Near the end of the study, RSA was asked to expand its scope to include analysis of an existing water tower site the Town owned. Type of Building New Town Hall, Municipal Court, and Police Facility Project Location Town of Prosper, TX Project Construction Cost $3.4M (est) Delivery Method CMAR (anticipated) Services Provided by RSA Site Assessment, Needs Assessment, Facilities Programming and Feasibility Study Services Project Team Principal-in-Charge/Project Designer -Randall B. Scott, AIA Project Director/Co-Designer -Greg Conaway, AIA NNNIN Structural Engineer - Jaster-Quintanilla Engineers Schedule and Budget This project was completed on time PHOPOSEDStTESCHEME'B' Project Description After being commissioned to design the New City Hall, Municipal Court and Fire/Police Complex, the Town asked RSA to prepare a i Facility Assessment and Site Development Plans. After preparing the Needs Assessment for the entire complex, three site plan scenarios were developed for each building illustrating the AURV 9IAl5T location, approximate shape/size, parking, egress/ingress, building orientation, context and relationship to the other downtown buildings. _ _ ' � The reason for the Needs Assessment and Site Development Study 0 was because Council was split over where to locate the City Hall Building. One proposed site was the existing City Hall site, the other 111_t was an infill site on the Historic Downtown Main Street. The first scenario was less expensive, expanded the downtown CBD, and provided adjacent parking but required swing space (two moves). MWAMM= Deliverables for the project included a detailed needs assessment, �l facilities program, departmental layouts, site plans, cost estimates intr and an executive summary containing pro's/con's for each scenario. Ultimately, Council approved the reuse of the existing site order to invest in the expansion of Commerce's downtown CBD and assist in its urban revitalization effort. RSA proposed that the unused infill '. site be developed as a future park and amenity to the City Hall as well as becoming a focal point of Commerce's Historic Main Street. REALM nussniiiii I Type of Building New City Hall, Municipal Court, Law Enforcement Center, EOC and Fire Station c�wca� Project Location Town of Commerce, TX , -J jillkll(,I��i(uieltvio�; This project is applicable because it consisted of a Needs Assessment for a Town Hall project with Town Administration, Council Chambers, and Community Meeting space in a Historic downtown setting. Project Construction Cost $4.73M Delivery Method CMAR Services Provided by RSA Site Assessment, Needs Assessment and Facilities Programming for Town Hall, Municipal Court and Public Safety Complex Project Team Principal-in-Charge/Project Designer -Randall B. Scott, AIA Project Director/Co-Designer -Greg Conaway, AIA Structural Engineer - Jaster-Quintanilla Engineers edule and Budget Sch This project was completed on time 26 "THEREFORE WHEN WE BUILD, LET US THINK THAT WE BUILD FOREVER LET IT NOT BE FOR PRESENT USE ALONE; LET IT BE SUCH WORK THAT OUR DESCENDANTS WILL THANK US FOR, AND LET US THINK, AS WE LAY STONE ON STONE, THAT A TIME IS TO COME WHEN THOSE STONES WILL BE HELD SACRED BECAUSE OUR HANDS HAVE TOUCHED THEM AND THAT MEN WILL SAY AS THEY LOOK UPON THE LABORAND WROUGHT SUBSTANCE OF THEM, `SEE THIS, OUR FATHERS DID THIS FOR US! - JOHN RUSKIN The above quote from 19th Century architecture critic John Ruskin sums up our Design Philosophy. Our Municipal and Public Architectural designs imbue the following four tenets: Timeless Architecture We believe in planning, designing and constructing buildings that are timeless in their design. At RSA, we design projects with the intent that they will transcend any specific period or label. We accomplish this by carefully selecting and assimilating materials that are not only aesthetically pleasing but also meant to last. Sustainability We know the projects we design today will affect not only present but future generations. With this in mind, sustainable or"green"building design is critical to our approach on every project before, during and after construction. There is no benefit for a building to stand the test of time if it does so at the expense of the environment and the health and well-being of those in the community. Innovation We constantly strive to design innovative new concepts incorporating better functionality, flexibility, new technology and leading edge concepts. RSKs goal is to create built environments for our clients that provide longer life cycles, higher return on investment and more human environments. Contextualism Among our highest aspirations as a firm, is to respect the"Architectural Heritage"of those clients we touch. RSA believes the design of Municipal and Public structures should reflect those buildings in a community which are timeless, provide historical significance and bring intrinsic value to its citizens. Not withstanding this philosophy, RSA believes in creating architecture that bespeaks a mission of novation"and "uniqueness" without disrupting the contextual fabric of the community. Within the context of these four philosophical tenets, RSA is always consciously aware that budgets have to be met and the client's design standards have to be incorporated into each project. We have achieved these goals on numerous highly successful Municipal and Public Architectural commissions for over two and a half decades. r � � • • � � RSA'S DESIGN PROCESS General Scope of Services In reference to the RFQ the General Scope of Services for the City Hall will consist of Needs Assessment Phase the following: Schematic Design Phase Needs Assessment/ Facilities Programming Architectural Design Interior Design MEP Engineering WORKSHOP #1 Structural Engineering Creat Preliminary Site Civil Engineering Alternatives and Block Landscape Architecture/Irrigation Floor Plans Cost Estimating 1116 Project Scheduling The final Scope of Work will be determined during the Needs Assessment, Facilities WORKSHOP #2 Programming and Design Charrette processes conducted between the Design Team and City Stakeholders (e.g. City Manager, Assistant City Manager, City Staff, Refine Preliminary Site and Councilmembers, and Citizens). Block Floor Plan Design Alternatives Needs Assessment Phase During the Needs Assessment Phase, RSA will provide the following services: Meet with City Administration and other members to introduce the key players Create of the Project Team Alternative Review communications protocol for the Project Team Design Hold multiple City Hall meetings with concerned citizens to gain their input Concepts throughout the Needs Assessment and Design Process A, B, C Meet with and interview Project Stakeholders (Council Members, City Staff, Concerned Citizens and other groups) as needed to define the Needs, Goals, Cost and Schedule and Requirements for the project Prepare a detailed written Facilities Program of the spaces for the facility including functional needs, square footage, adjacencies, equipment, FF&E, MEP Evaluate Each Concept and and data/telecom requirements for each space within the building. Prepare area Develop Pricing Estimates summary spreadsheets with the Net and Gross Areas totaled for the building Prepare Preliminary Block Diagrams to assist the City in visualizing the proposed concepts for each department and the building as a whole Prepare a Preliminary Cost Estimate for the project Meet with the Stakeholders to review the Detailed Written Facilities Program, Block Diagrams and Estimate Cost Refine Selected Concept(s) Prepare multiple site concepts and block floor plan options and meet with the Stakeholders to review Perform a zoning and code review for the Project Prepare a written Needs Assessment/Facilities Program Document including a Detailed Scope of Work, Executive Summary, Detailed Facilities Program, Square Footage Summary, Site Concepts, Project Schedule and Estimated Cost for the WORKSHOP #3 project Meet with the Stakeholders to review the written Needs Assessment document Present Refined Design Assist City Staff in presenting the Program information to Concerned Citizens and Concept and Pricing Council for approval if requested Provide electronic copies of presentation documents to the City for upload on the City website to keep citizens informed of the process Schematic Design/Charrette Present Final During the Schematic Design Phase, RSA will provide the following services: Design Concept and Pricing Based on the approved Needs Assessment, the Design Team will conduct a series of Design Workshop Charrettes with the Stakeholders to collectively generate j multiple Floor Plan and Site Plan options for the project Once the Preliminary Design Workshops are complete and a design concept is approved by the Stakeholders, the Design Team will prepare Preliminary Schematic Design drawings illustrating the Design Concept for the Project. The Design Team will then return to meet in Workshop #3 with the Stakeholders to review the Preliminary Schematic Design drawings and receive Stakeholder review comments With this information in hand, the Design Team will prepare Final Schematic j : r Design Documents for the selected concept During this phase RSA will prepare a preliminary cost estimate and schedule for i the proposed Design ~ Prepare Computer Generated 3D Renderings of the project tA Meet with the Stakeholders and the Construction Manager at Risk (CMAR) to VA review the Final Schematic Design Documents, Renderings and Estimated Cost \ RSA will assist City Staff in presenting the Schematic Design Documents, Renderings, Animations and Cost Estimate to Concerned Citizens and City Council for approval RSA will prepare the documents required to assist the City in submitting the project for rezoning approval if required Electronic files of the proposed design will be provided for uploading on the City's website Design Development Phase Based on the approved Schematic Design documents and the Cost Estimate :.. prepared by the Contractor, RSA and our Consultants will provide the following Design Development documents and services: - Site plan illustrating grading and site improvements Architectural floor plans illustrating the proposed building layout d Partition types j'. Preliminary wall sections and details Interior elevations Millwork elevations Reflected ceiling plans Preliminary details u General Notes , Room finish schedule and door schedule Preliminary mechanical, electrical and plumbing plans and details Preliminary structural plans and details • wn of Commerce Stakeholders . Preliminary civil plans and details Principal Randall Scott leading an On -Site Design Charrette Preliminary landscape and irrigation plans and details with the Preliminary AudioNisual/IT/Security plans and details APIA Prepare a Design Development Phase Cost Estimate Preliminary Project Manual Attend review meetings with the Stakeholders, Staff, and the CMAR to review the Design Development documents and CMAR's updated Cost Estimate Prepare and distribute project meeting notes documenting the basic issues, resolutions and action items agreed to during this phase • Assist the City in obtaining the rezoning approval (if needed) rfl_ t� _ Construction Documents Phase 4 Based on the approved Design Development documents and CMAR's approved Design Development Cost Estimate, the RSA Consulting Team will prepare the final drawings, details and specifications required to construct the Project. A final Cost Estimate will be provided to the City at this phase. The Construction Documents Phase includes attendance by RSA personnel at meetings with the City Stakeholders, Staff, and CMAR to coordinate and review the Construction Documents and Cost Estimate. Any comments received from the Stakeholders during these meetings will be incorporated into the documents prior to bidding. Principal Randall Scott and Greg Conaway Services during this phase include the preparation and distribution of project Site Focus Group Meeting with Stakeholders meeting notes documenting the basic issues, resolutions and action items agreed 29 woo Via,/ to during this phase. Bidding/Negotiation Services RSA will work throughout the design and construction documents process to value ✓" engineer the scope in order for the project budget to be maintained. Other bidding and negotiation services provided by RSA and/or our consultants include: Assisting the City in advertising the Project forbidding Assisting the City in interviewing CMAR candidates Attending a Pre -Bid or Pre -Proposal Conference Answering CMAR and subcontractor questions during the Bidding Phase 11 Review substitution requests from the CMAR Prepare and issue addenda Review Contractor's bids and bonds Advise City on most qualified CMAR and subcontractors Prepare and distribute project meeting notes documenting the basic issues, resolutions and action items agreed to in meetings attended by RSA during this phase Construction Phase Once the successful CMAR is given notice to proceed, RSA will provide the following Contract Administration Phase services: Attend a Pre -Construction Conference Review substitution requests from the Contractor for materials or products which become unavailable during construction due to circumstances beyond the Contractor's control Attend regular site visits to review the work in an effort to determine whether or not it is being constructed in accordance with the Construction Documents Make additional site visits during concrete pours, roofing, waterproofing and other critical stages of construction as deemed necessary by the Architect Review submittals and shop drawings required by the Construction Documents Prepare Architect's Supplemental Instructions (ASI's) and Drawings when required and issue them to the Contractor Process Requests for Information (RFI's) Proposal Requests (PR's) and Change Orders when required Review the Contractor's Schedule and advise the City of construction progress Review the Contractor's Applications for Payment and transmit them to the City with recommendations and/or adjustments Prepare a Punch List for the Project Establish dates of Substantial and Final Completion and prepare certificates for same Coordinate project close-out documents including obtaining Warranty and Maintenance binders from the Contractor Attend a One Year Warranty WalkThrough and Prepare a Warranty Punch List Building Information Modeling (BIM) RSA and our primary consultants currently prepare our Design and Construction -;�;; Documents in Revit 15state-of-the-art Building Information Modeling (BIM) software. The architectural, structural and MEP BIM models are merged and Clash Detection is run to help identify potential conflicts in the architectural documents and across disciplines. Coordination meetings with RSA's in-house staff and our structural and MEP consultants simultaneously viewing the BIM model with Clash Detection are viewed on RSA's in-house HD SMART Board allowing the team to discuss document conflicts thereby reducing the probability of change orders in the field. Having designed over $3 billion of commissions in our venue of Municipal, Civic and Public Architecture over the past 2 1 /2 decades, RSA is well versed in the 30 purpose and function of Municipal Government. We understand that the City of Prosper Staff and Council are hired and elected to serve and meet the needs of its constituents and tax payers. Being good fiscal stewards of the City's finances while providing a well -organized and functioning City Hall, Interim Library and Community Center will be paramount in the design of this new facility. RSA also understands the importance of obtaining Citizensinput on this project through focus groups, interviews, Workshops and City Hall meetings as well as the importance of being good listeners to the Council and Staff. We will work diligently during our City Hall meetings and Design Workshops to incorporate the City's comments into a design that is reflective solely of the City's specific needs and metrics. Our goal will be to provide the City with a "signature building" I that is appropriately sized and designed for the City and that instills civic pride in its citizenry. RSA's four Design Tenets of Timeless Architecture, Sustainability, Innovation and Contextualism reflect our core values and have been forged over the past 27 years by working with and understanding the needs of Municipal clients. Specializing in Municipal, Civic and Public Architecture, RSA works with City Council and Boards of various types on virtually every project we design. As a result we understand the importance of working closely with both City Staff and Council to ensure that the design and information we provide is carefully, clearly and concisely articulated so that we do not create ambiguities and additional strife for the Staff and Council. RSA thoroughly enjoys working with Municipal clients particularly on 1 City Hall projects which is why we have chosen to specialize in Municipal and Civic _ work. ` x Having designed Municipal and Civic projects for over 27 years, RSA has developed an inclusive and transparent design process involving City Hall Meetings with '� Citizens, Focus Group Meetings with Stakeholders, Design Workshops/Charrettes, `� presentation through the use of easily understood visual aids such as 3D CAD Renderings and Fly -By Videos of our design work, and providing electronic files of our designs and PowerPoint presentations to the City for uploading on its website. esident Greg Conaway leading On -Site From our initial Stakeholder Focus Group and City Hall meetings during the Needs ConStrUction Meeting Assessment phase to the 3 on -site Design Workshops with Stakeholders, every step of our design process is intentionally open and iterative to engage as much of the City's Stakeholder input as possible during the design process. RSA's use of 3D CAD graphics and fly -by animation around the building perimeter helps constituents, Councilmembers and Stakeholders quickly grasp the building design concept and appearance. RSA and our proposed consultants have experience working together on highly to the development of energy efficient and healthy buildings. Wehave in-house sustainable design experts and LEED AP (Accredited Professional) personnel on our staff, as do our consultants. Our MEP engineers, Purdy -McGuire are highly adept at designing energy efficient buildings and we have completed many LEED Gold and Silver projects together as well as many non-LEED energy efficient buildings. As the 2nd of our four Design Tenents implies, the RSA Team is strongly committed to sustainable design on our projects. Regardless of whether the client decides to pursue LEED certification or not, RSA and our consultants design each project with sustainably responsible features thereby: 1) reducing its carbon footprint, 2) providing energy savings to the Owner, and 3) improving the health and wellbeing 31 of its occupants. Sustainable Design/ Energy Efficient Examples and Projects include: City of Dallas No, 40 Fire Station achieved LEED Silver status f- ._` The Texas Department of Public Safety Administration and Training Facility is ` a highly sustainable project with integrated passive energy design, rainwater harvesting, xeriscape and native landscaping, high performance glazing systems, {� low flow plumbing fixtures and minimal irrigation systems. City of Vidor City Hall, Municipal Court, and Administration Facility meets several sustainability guidelines including highly efficient mechanical systems, low water usage fixtures, high efficiency lighting, high albedo roofing and paving materials and an extremely energy efficient envelope (ICF with an R-value of 54). City of Decatur Central Fire Station and Fire Administration Building incorporated several sustainable features included day -light harvesting, stormwater collection & detention, high albedo roofing and high efficiency HVAC Systems. City ofJoshua Central Fire Station, Fire Administration, and EOC sustainable design features including passive solar shading devices, storm water detention L / systems, site redevelopment and the use of recycled and locally manufactured materials. _ Randall Scott, AIA, Principal -in -Charge, Greg Conaway, AIA, Sr. Vice President, Dan Brantner. AIA Senior Studio Leader. and Ed Bailev. AIA. RSA's Director of Operations will review the project status on a weekly basis to determine whether additional manpower needs to be provided and will make the necessary manpower and/ or overtime adjustments to achieve the project schedule. The RSATeam has the necessary resources to finish this project within the City's time frame. _ Unaware of the City's final parameters at this time, we anticipate the following - project schedule and milestones for our work: Needs Assessment Phase 4 Weeks (1 Month) Schematic Design Phase Design Development Phase Construction Documents Phase Total Schedule for Needs Assessment and Design Services 6 Weeks (1 1 /2 Months) 10 Weeks (2 1/2Months) 12 Weeks (3 Months) 0 Months f�i�■Bl f PROPOSED SITE SCHEME'S t� :+-^e—�. EunsnEar LJI �� fYUWtltE AI�ttT j llII `/�Q C�Ii. i �I iQ}�iw�N� d 0 Needs Assessments Town of Prosper City Hall, Police Department and Municipal Court Needs Assessment, Site Analysis, and Feasibility Study Town of Commerce City Hall, Municipal Court, Police Department and Fire a Department Needs Assessment and Facility Design City ofVidor City Hall, Municipal Court and Emergency Operations Center Needs Assessment and Facility Design City ofJacksonville City Hall and Municipal Court Needs Assessment and Facility Design City of Granbury City Hall, Police Department, Municipal Court and EOC Needs - Assessment and Facility Design City of Corinth City Hall, Municipal Court and Police Department Needs Assessment and Facilities Program City of Center Police Department and Municipal Court Needs Assessment and Facility Design City ofTomball City Hall, Municipal Court, Public Works and Police Needs Assessment and Facilities Master Plan City of College Station Needs Assessment and Municipal Campus Master Plan City of Willis City Hall, Police Department and Municipal Court Needs Assessment, Site Analysis, and Feasibility Study City of Sugar Land Fire and Police Training Facility Feasibility and Planning Study City of Clyde Police Department, Fire Department and EMS Facility Campus Needs Assessment and Campus Master Plan City of Haltom City Public Works Facility, Central Fire Station and Animal Control Facility Needs Assessment and Master Plan City of Richland Hills Animal Control Facility Needs Assessment and Master Plan = � � City of Haltom City Animal Control Facility Needs Assessment and Master Plan Town Hall/Multi-Purpose Building Design City ofVidor City Hall, Municipal Court and Emergency Operations Center City of Granbury City Hall, Municipal Court, and Police Department Facility Town of Commerce City Hall, Municipal Court Facility, Central Fire Station, and Law Enforcement Center Facility City ofJacksonville City Hall and Municipal Court Facility City of Center Police Department and Municipal Court Texas Department of Public Safety Administration and Training Center Facility City of Decatur Central Fire Station, EOC, Fire Administration, and Community Meeting Room City of Joshua Central Fire Station, EOC, Fire Administration, and Community Meeting Room City of Dallas Fire Station No. 40 (LEED Silver) City of Haltom City Central Fire Station, EOC, and Fire Administration City of North Richland Hills Fire Station No.1 and Community Meeting Room City of North Richland Hills Fire Station No.4 and Community Meeting Room Texas Department of Public Safety Fleet Maintenance Facility TxDOT Gilmer Office Building and Maintenance Shop -TxDOT TxDOT Atlanta Engineering Office Building TxDOT Dallas District Lab Building City of Dallas Inwood Road Operations Center 33 Town of Prosper City Hall, Municipal Court, and Police Department Needs Assessment City of Center Law Enforcement and Central Fire Station Needs Assessment and Design Town Hall, Municipal Court and EOC Needs Assessment and Design City of Clyde, TX Fire, Police, and Emergency Services Facility Feasibility Study and Master Plan City of College Station, TX City Hall Needs Asssessment, Feasibility Study and Mixed Use Municipal Complex Master Plan Town of Commerce Town Hall, Municipal Court, and Administration Facility Central Fire Station, EOC, Fire Administration and Law Enforcement Center (National StationStyle Design Award - Fire Chief Magazine) City Hall, Municipal Court, Police Department, Central Fire Station, Fire Administration and Emergency Operations Center Needs Assessment City of Corinth, TX City Hall, Police Headquarters, Municipal Court and EOC Needs Assessment and Master Plan City of Dallas, TX Inwood Road Operations/Service Center, Purchasing Warehouse and Heavy Truck Body Rebuild Shop Renovations and Expansion Martin Luther King Community Center 10 Year Master Plan and Needs Assessment Fire Station No 40 (LEED Silver) City of Decatur, TX Central Fire Station, EOC, and Fire Administration Building (National StationStyle Design Award = Fire Chief Magazine) City of Granbury, TX City Hall, Police Department, and Municipal Court Building City Hall, Police Department, and Municipal Court Building Needs Assessment City of Grand Prairie, TX Tourist Information Center Needs Assessment and Preliminary Design City of Haltom City, TX Public Works Facility Master Plan and Needs Assessment Animal Services and Adoption Center Animal Services Center Master Plan and Needs Assessment Central Fire Station Master Plan and Needs Assessment City of Haltom City Central Fire Station, EOC, and Fire Administration Building (2nd Place National StationStyle Design Award - Fire Chief Magazine) City of Jacksonville City Hall and Municipal Court Needs Assessment and Building Design City of Joshua Central Fire Station, EOC, and Fire Administration Needs Assessment and Building Design City of North Richland Hills, TX Fire Station Station No. 1 and Community Meeting Room Fire Station Station No.4 and Community Meeting Room City of Richland Hills, TX Animal Services and Adoption Center Animal Services Center Master Plan and Needs Assessment City of Sugar Land Fire and Police Training Facility Needs Assessment and Master Plan City of Tomball City Wide Needs Assessment and Facilities Master Plan City of Vidor City Hall, Municipal Court and Emergency Operations Center Needs Assessment and Building Design �I City of Willis Police Department Facility Needs Assessment and Feasibility Study Texas Facilities Commission - Florence, TX Department of Public Safety State Trooper Administration and Training Facility Department of Public Safety Fleet Maintenance Center Texas Department ofTransportation (IDIQ) Engineering and Maintenance Complex-Gilmer,TX Engineering Building - Atlanta,TX District Laboratory Office - Dallas, TX RSA has a wealth of experience in effective schedule management. We will prepare ' " "" a project schedule early on in the Needs Assessment Phase and will adhere to it during the design and construction phases. During the construction phase, RSA's experienced Studio Leaders will analyze the contractor's schedule and advise ' the Town if we believe the project is falling behind schedule.There are a number :.:...._. _...,:,:. __._.. .: .� .. _ _ ofvehicles that RSA uses to condense the project schedule including Design Workshop Charrettes, one -day submittal review charrettes with the architect, -.. �` • consultants, Owner, contractor and subcontractors huddled around the drawings �- _ and alternative delivery methods all of which we can discuss with the Town. Early l site and foundation bid packges can also help. ' . _ � ;� "` � � RSA has an excellent track record of bringing projects in within our Owner's budgets. We utilize historic cost data on our wealth of similar projects, as well as i° ,� bidding contingencies, design contingencies and add alternates to allow Owners to ' �., �,., . ±,�, ,.,, ,.,, �, I meet their budgetary needs. Having completed over $3 billion in Municipal and Public Architecture, we are quite experienced at managing this project type within a fixed budget. Some examples of our municipal estimating experience are listed below; Project Budget RSA Estimate Bid Range `' Vidor City Hall/ Municipal Court $5M $5M $5M - $6M Cranbury City Hall/ Municipal Court $4M $4M $4.15M - $4.6M . .. . - Commerce City Hall/ Municipal Court $4.5M $4.5M $4,5M - $4.8M Center Police Station/ Municipal Court $1.65M $1.tiSM $1.65 - $2.1 M Decatur Central Fire Station $3M $3M $3M - $3.5M Joshua Central Fire Station $3M $3M $3.01 - $3.45M In addition to the four estimates RSA provides as part of our Basic Services, RSA utilizes the following methods to ensure budget compliance: Utilization of the most current Means Cost Guides Updates and RSA's Historical Cost Data ' � Regular Monitoring of Engineering News Report's Monthly and Quarterly Cost `� �'� =' _ Factors �'' ,�" -. � Design and Bidding Contingencies in our Estimates _� f,. ��'� � � Add Alternates in our Construction Documents � , -: ��' I,^ � � ,� - � Value Engineering (if necessary after bids are received) "�"'" +. The net result of RSA's methods for cost containment have allowed us to be very accurate on our past Project estimates and stay within our Clients'budgets. 35 "" 1 RSA's current workload is moderate. RSA's staff of 20 and our Consulting Team of E well over 250 professional staff are ready, able and qualified to take on this project for the Town of Prosper. We have selected a seasoned team of professionals from our firm and our consultants that have all recently worked together on this project type and have had successful outcomes. Project Phase Department of Public Safety Administration and Training Center Construction University of Texas Permian Basin Student Housing Phase VI Construction Texas State University Coma] Building Renovation Construction Tarleton State University Grant and Wells Building Renovations Construction University of North Texas Honors Residence Hall Design 36 i -161 �+ City of Vidor City Hall, Municipal Court, and EOC - Ricky Jorgensen City Manager (at the time this project was designed and constructed) Municipal Building 118 E. Richmond St Giddings, TX 78942 979,540,2712 " citymanager@giddings.net Town of Commerce City Hall, Municipal Court, and Public Safety Complex Marc Clayton Town Administrator 1119 Alamo Commerce, TX 75248 903.886.1130 rc.clayton@commercetx.org City of Cranbury City Hall and Municipal Court Harold Sandel City Manager (at the time this project was designed and constructed) 817AX7167 haroldsandel@yahoo.com City of Jacksonville City Hall and Municipal Court Mo Raissi City Manager 301 E. Commerce St. Jacksonville, TX 75766 9034586.3510 mo.raissi@jacksonvilletx.org City of Center Law Enforcement Center and Municipal Court Chad Nehring City Manager 617Tenaha St. Center,TX 75935 936598.2941 City of Decatur Central Fire Station, EOC, and Fire Administration Mike Richardson Brett Shannon Fire Chief City Manager 1705 S. State Street 201 E. Walnut St. Decatur, TX 76234 Decatur, TX 76234 940.627.3199 940o62742741 mrichardson@decaturfd.com bshannon@decaturtx.org City of Joshua Central Fire Station, EOC, and Fire Administration Mike Peacock Paulette Hartman Director of Operations City Manager 101 South Main Street 101 South Main St Joshua, TX 76058 Joshua, TX 76058 817.558.7447 817.558,7447 diroperations@cityofjoshuatx.us citymanager@cityofjoshuatx.us 37 [this page intentionally left blank] a aU C p� Previous Partnership with the Town of Prosper tl In the Summer of 2005, RSA worked with the Town of Prosper Chief of Police, Kirk I{ McFarlin (along with other Town Stakeholders) to complete a Needs Assessment for a New Town Hall, Municipal Court and Police Headquarters. As part of that successful project, we feel we established a solid relationship with the Town and are excited about the opportunity of working with the Town of Prosper again. The Town Hall/Multi-Purpose Building is an important project to RSA and we will assign our top individuals to Program, Design, Document and provide Construction Phase services for it. Additionally, we will insist that our consultants provide that same level of commitment of personnel and skill on your project. Randall Scott, AIA, Principal -in -Charge, Greg Conaway, AIA, Senior Vice President, Dan Brantner, AIA, Project Manager, and Ed Bailey, AIA, Director of Operations are the four senior personnel at the firm. They are all seasoned Municipal Project programmers, designers, architects and construction administrators. All four will ds Assessment be involved in the project from the kickoff meeting to the end of the one year warranty phase. The RSA Consulting Team's professional staff of over 250 members are ready, _ willing and able to begin and complete this project. We understand the duration of this type of project and will commit the man -power and resources necessary to provide the Town of Prosper with a signature building within your time frame and j budget. Experience with CMAR I Per the RFQ, the anticipated deliivery method for this project will be Construction Manager at Risk (CMAR). RSA has completed over $1 billion in CMAR delivery rr projects for public clients. At RSA, we see our role in CMAR Delivery as a collaborative partner in completing the Owner's goals and needs, side by side with the Owner and Construction Manager. A sample of RSA's CMAR experience includes: Town of Commerce City Hall, Municipal Court and Public Safety Complex City of Joshua Central Fire Station and Fire Administration Department of Public Administration Training and Safety Fleet Maintenance Facility City of Denton Cardiac Rehab Center/ Medical Office Building Tarleton State University Nursing Building Tarleton State University O.A. Grant Humanities Building Tarleton State University Clyde Wells Fine Arts Center Renovation University of Mary Hardin -Baylor Events and Recreation Center University of Mary Hardin -Baylor Performing Arts Center Trinity Valley Community College Health Science Center Wiley College Student Union Building Renovation —. University of North Texas Residence Hall Cost Control As a part of our services, RSA and Halford Busby prepare third party cost estimates at each phase of the project and reconcile them with the CMAR's estimates. This usually results in a significant reduction in the CMAR's numbers. RSA and Halford Busby Cost Estimates work hard to ensure that the CMAR does not include overly generous contingencies and line items costs thereby protecting themselves from the "risk" part of CMAR delivery. Like our clients, we are weary of CMAR's protecting themselves by reducing the project scope and quality to the point it results in large buy-out savings at the end of the project. These overly conservative scope reductions are irreversible and cannot be added back in to the project by the time they are identified at buy-out. RSA is a diligent advocate fo r the Owner's interests during the cost estimate reconciliation process and will not acquiesce just because the CMAR states "they are the ones that have to build the project and take the risk of doing so" 39 7. ADDITIONAL INFORMATION (CONT.) RANDALL SCOTT ARCHITECTS, INC. A. ADDITIONAL INFORMATION (CONT.) s Site Map of anticipated location for the new Town Hall/Mlllti- Purpose Building C r]VFRAGFS CERTIFICATE Cert ID 25637 f:7�T1i.�G7. PplTtl �:i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC)= LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTt.NITHSTANDING ANY REQUIREk4ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMI S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INS SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYY POLICY EXP MMIDDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 C X I COMP.iEP.CIALGENERALLIABILITY Y I Y CP1992L75A 6/19/2014 6/19/2015 DAMAGE TO RE TED PREMISES Ea occurrence $ 1,000,000 I CLAIMS -MADE ❑X OCCUR MED EXP(Any one person) $ 10,000 XI Contactual Liability I PERSONAL BADVINJURY $ 11000,000 I GENERAL AGGREGATE $ 2,0001000 GENT AGGREGATE 1011IT APPLIES PER: ; PRODUCTS -COMP/OP AGG $ 2r000,000 j POLICY �; PR0. n LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT acetdant) 1,0001000 A X I ANY AUTO Y ' Y I(Ea 817A268113 6/12/2014 6/19/2015 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS I AUTOS PROPERTY DAMAGE $ —! NON-OWNEDI HIRED AUTOS _ AUTOS Per accident $ A X I UMBRELLA LIAB X OCCUR Y Y C2#P6423YS36 6/19/2014 6/19/2015 EACH OCCURRENCE 000 $ 51000000 EXCESS LIAB CLAIMS -MADE I 4 AGGREGATE $ 51000, 000 DED RETENTIONS I $ WORKERS COMPENSATION I X WC STATU- OTH- D AND EMPLOYERS' LIABILITY YIN y 5910YO88 5/1/2014 5/1/2015 O ER ANY PROPRIETORtPARTNERrEXECUT:VE I E.L. EACH ACCIDENT $ 11000,000 OFFICERAIEMBER EXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE-EAEMPLDYE $ 11000,000 If yes, des;rbe under DESCRIPTION OF OPERATIONS be!oa I E.L. DISEASE -POLICY LIMIT $ 18000,000 B Professional Liability N 1 Y AiE72773-02 6/29/2014 6/29/2015 Per Claim $ 2,000,000 Annual $ 4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach A 107, Additional Remarks Schedule, if more space Is required) The claims made professional liability co age iB the total aggregate limit for all claims presented within the policy period .gnd..j;2 bject to a deductible. CFRTIFICATF H(OI_IIFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' -i ACCORDANCE WITH THE POLICY PROVISIONS. Master Certificate AUTHORIZED REPRESENTATIVE L ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1 Page 1 of 1 1 d� Town of Anna Statement of Qualifications Certification Form Company Information The following information must be provided in its entirety for your submission to be considered: Company Name: Principal Place of Business Address: Principal Place of Business City, State, Zip: Principal Place of Business Phone Number: Principal Place of Business Fax Number: Remittance Address (if different from above): Remittance City, State, Zip: Tax Identification No: Addendums Randall Scott Architects, Inc 14755 Preston Rd, #730 Dal las, TX 75254 972.664.9100 972.664.9122 75-2492946 If an addendum to this SOQ is issued, acknowledge addendum by initialing beside the addendum number: Add. No. 1 Add. No. 2 Add. No. 3 Add. No. 4 Add. No, 5 Certification The undersigned hereby certifies that helshe understands the scope of work, has read the document in its entirety and that the information submitted has been carefully reviewed and is submitted as correct and final. If selected, Firm further certifies and agrees to furnish any or all services in accordance with the terms and conditions contained herein; to willfully enter into negotiations; and to faithfully execute an agreement with the Town of Prosper upon successful negotiations. The individual signing this SOQ certifies that helshe is a legal agent of the Firm, authorized to submit on behalf of the Firm, and is legally responsible for the deci ions as to the supporting dJ�um�en!tation provided. Authorized Representative: 01.03.14 �� Signat re Date � ' , .�. �:� Randall B. Scott, AIA Printed Name Title President/CEO rscott@ rsa rch itects.co m Email Address 13 GF '� National Station5tyle Design Award Fire Chief Magazine Central Fire Station and EOC - Decatur, TX National Station5tyle Design Award Fire Chief Magazine EOC and Fire/ Police Administration - Commerce, TX National Station5tyle Design Award � Fire Chief Magazine ram! Central Fire Station, Fire Administration and EOC - Haltom City, TX Outstanding Design/Educational Design Excellence American School & University Magazine Architectural Portfolio �` Tarleton State University Nursing Building - Stephenville, TX Best in Masonry/ Golden Trowel Award San Antonio Masonry Contractors Association St. Mary's University Founder's Hall - San Antonio, TX Outstanding Design/Educational Design Excellence American School &University Magazine Architectural Portfolio Angelo State University Centennial Village Residential Complex - San Angelo, TX Outstanding Design/Educational Design Excellence American School &University Magazine Architectural Portfolio Angelo State University Mixed Use Residential Complex - San Angelo, TX Outstanding Design/Educational Design Excellence American School &University Magazine Architectural Portfolio �. Tyler Junior College Comprehensive Campus Master Plan -Tyler, TX Outstanding Design/Educational Design Excellence -�_ -__ American School &University Magazine Architectural Portfolio Tyler Junior College Ornelas Residential Complex -Tyler, TX Featured Project -City Futures ^�--"ice-�=-- City by Design: An Architectural Perspective of the Dallas, Texas Area Tyler Junior College Ornelas Residential Complex -Tyler, TX Project of Distinction College Planning &Management Magazine Education Design Showcase Tarleton State University Recreational Sports Facility -Stephenville, TX Outstanding Design/Educational Design Excellence `-- ---- American School &University Magazine Architectural Portfolio -- _-filsov--- Tarleton State University Recreational Sports Facility Stephenville, TX Featured Project Athletic Business Magazine Architectural Showcase qt ; Tarleton State University Recreational Sports Facility - Stephenville, TX Featured Project Athletic Business Magazine Architectural Showcase �� ��---� University of Mary Hardin -Baylor Events and Recreation Center -Belton, TX Design Award Dallas County Community College District North Lake College Science Building Renovation - Irving, TX Summit Award for Excellence Dallas Chapter Association of General Contractors North Lake College Welcome &Student Registration Facility Renovation - Irving, TX 43 En v r- v �o u O Q O O u = in Q - w. io O C ++ � V o N v �p +� _ r- :.c v � O Q o � v � vi Q = w ry O '� �+ C ++ � V r- O N 1 O � N N L }, O 4~ �� -O O U O U N E Q 22 L �^^ ^^`` O cn >' a)O E co L +(6 L O C/) > a) En J O O X _ • L � H '0 � M c O O L O MONOMERS J O O N _ L CO L N W C L O J i- L 0 (� O 2 p 0 M .r # Y 0. t � 711 r on r . �I f9 p � V o KV a �- r 02 v� �o ti L v � :c v �- O Q o � u = N a = w ry O C ++ � V 0 N 0 ;A) 11 I cl 11 1 .% ) l r Li t, Li 11 1 11 `1 1 ai 1 1 1 t) t rl .1 1 • , �i L rl • • I� N V r N �p t V e� C Q O � v = �a � o c +_ 0 N v � V � O Q O = V � v1 Q rp O �0 V 0 N O L C:;) L L C: to L �o O a) (6 E p L m >O p 0 �j C X N Ll O >— O ;;. o c o a c ca � V O p U U U 0 0 o O c 0 MF o 70 0 0 am o c 0 ca p Q >> a) a) a)m m x a. l Cn cp E m U a) W N .�- C _ +� � � a) C � O Q U N '= = 0 a) O a)a) L a) 0 U 2 CO CL 2 0= Q 0 m IL W ,1. l rvmmL i i 4 i i i A 0 � r- v � V � O Q o c � Na o c �O lJ N 0 1 L W � V i N a) � � C C -p O U m m MEMEMEME o m p a) _ U > _� v U O O c C a' N U`*— O aU MEND a) C woE MEEMEMEM Msmamonams MUMEMEM vollommi (, U :D a) U Q) }, CZ C: maaaaaa U aaaaaaai RMEEMEN U� � co 0 iL U Z)� U 0� . . . . . . . . . . i \r L L E U co c o U 0 o oCam E o O U U L " .� >, U Q Q�L� N :U) � j p' I a) a) a) no cnn c U E E 0 L a) U � CO � CL U U w = iL • • • 0 • • • • tNo �r d C/) U) r) (D L D L O CO L U U U c � LFz o o a m p 0 0 0 06 w F- .�., c :D N m ccu co �, � � � � � �, ±' L � L • to :� to U � 2 � 0 LL U pU Z Q . . . . . . . . . . 7�J � r- v � L v � O Q O = u C Na =w � o c +r � lJ 0 N r ter, � r- v � r V � 0 Q O = U = V1 Q ra O C ++ � tJ O N HF:: if . � . 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Q� Y 'c U > Q- o �c o o cn Q cn E a) Q a) N a) U) m ) m L ma t) I I I M I I I N p a � U co cn a \r U) _ — 2) C U � U a) C }• N L a) O � L (a O 2 O C — (n (� L WMEMEMEM° c� C a IMMEMMENmaMISOMME N a 0 a) U L m 69- ° o M — � � a) 0) U C) C i N L a) C a a) O O O 70 �' C (n a)moc U O �,= a) C a) U O) O O O Mc MEMEMME mo O —0 M _ L i U) � O U) LIMEMIN a) _ > a) N L fn -r-+ (n � OjaC) C ta6) .+JC , a) U a) C � a) u) a) i ?+ L �. � 0) a) ° a m a) a O m Ccn vl 0 ca }' � U 9 � cn X Q � M a) a) O ° a) o C U o cn a_) O— y >,.Ln oMWWWWWW a) a) Q M a) U �' � a L C _ o '� ° -5i O 4- O O Dome MEMEMMOM a)0) 0 CN U U) � U a c � � (n MEMMIN a) (n 4- W C a) > -Q (a —• O Q ' Mammal aM Cio O (6 -O O C : E L O C L (6 a) � (6 o E014)"D a) O 0. O Q) C a) L ID C cL C 0 O. C � O a) (� � a) C Q� O Mao— a� 0) Q) M a) O X C O C a) o (n L cn cn a) (n M L Z REMEMIS cn � C Q N C M l6 a) (a co a) M 3-� C O O U . � L)WIMMEME EMMONS a Q Q)Mac 0 a) Q Q U' Q a) � .- Q (n a 0 O a) (� N (n 0 0� a) (n O C O X W CO U 60.0° a O� c IS O w . . . . . . . . . . . CITY OF ANNA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Briefing/Discussion regarding submission of a Fire Grant Application SUMMARY: Hiring: 2/24/15 Chief Gothard Assistance to Firefighters Grant applications is due by March 6, 2015, at 5:00 pm. This grant provides funding for Staffing of Adequate Fire and Emergency Response (SAFER). The priorities of the grant are: #1-Ass0st Department retain firefighters who are about to go through layoffs. #2- Assist Departments who have laid firefighters off in previous years. #3- Assist Departments reach a staffing level of adequate Fire and Emergency Response. This grant funds the employee at 100 %for two years, including salary, overtime, equipment, and then the third year the City absorbs the cost. This type of grant would meet current needs and be beneficial to the Fire Department and community as a whole. I would like to ask for full time firefighter positions through this grant. Recruitment &Retention: The second opportunity comes from the Staffing of Adequate Fire and Emergency Response (SAFER) recruitment and retention funding. This program assist Department's in promoting and gaining new members and retaining current members for a four year period of performance. Entry level physicals for new recruits &yearly follow ups: $600 per firefighter for six new recruits = U600 Award Program (non —uniform clothing) _ $5000 Training Assistance for Higher Education (EMT level training- $2500) STAFF RECOMMENDATION: These Grants would help the City provide advanced fire protection services with very small costs to the City. If these projects are something the Council would like to see come to fruition, the staff will pursue these funding opportunities enthusiastically.