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Home My WebLink AboutRes 2020-08-776 Roadway Impact Fee Reimbursement Agreement with LGI Homes - Texas, LLCCITY OF ANNA, TEXAS RESOLUTION NO. 2020=08- 77(� A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LGI HOMES = TEXAS, LLC, A TEXAS LIMITED LIABILITY COMPANY, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LGI Homes —Texas, LLC is seeking to construct public infrastructure related to Shadowbend Phase 1, and; WHEREAS, as a key component of the development of Shadowbend Phase 1 it is necessary to construct paving improvements to Rosamond Parkway, and; WHEREAS, Rosamond Parkway is shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as a future Major Collector, and; WHEREAS, Public roads identified in the City of Anna Master Thoroughfare Plan are eligible for impact fee reimbursement for the cost of paving and drainage improvements, and; WHEREAS, the City of Anna has public drainage improvements required along Dumas Drive in the Northpointe Crossing Subdivision identified as a City project, and; WHEREAS, LGI Homes —Texas, LLC is also the active developer and builder in Northpointe Crossing Subdivision, and; WHEREAS, the City of Anna has an annual budget for drainage maintenance in the Public Works Department which has adequate funding for the drainage improvement project along Dumas Drive, and; WHEREAS, LGI Homes —Texas, LLC has agreed to also construct the Dumas Drive drainage improvements in accordance with the City's plan as a part of the Roadway Impact Fee Reimbursement Agreement, and; WHEREAS, Chapter 212.071 of the Texas Local Government Code allows a City to contract with a developer of a subdivision to construct public improvements related to the development, and; 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. The City Council hereby authorizes the City Manager to execute the roadway impact fee agreement as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, 20,�Q ATTEST: -� p!c% F A ....... City Secretary, Carrie L. Smith noo�n�iCn• Texas, on this )If/Iday of Mayor, Nate Pike EXHIBIT "A" Page 150 of 256 ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR SHADOWBEND SUBDIVISION PHASE I ROSAMOND PARKWAY This Roadway hnpact Fee Reimbursement Agreement for Shadowbend Phase 1 Rosamond Parkway (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and LGI Homes — Texas, LLC, a Texas limited liability corporation (the "Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof to the extent that this Agreement and any such previous agreement are in direct conflict; and WHEREAS, Developer represents and warrants that it owns and desires to develop certain real property in Collin County, Texas, composed of approximately 57.64 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED 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 the Parties. SECTION 2 DEFINITIONS Acceptance Date has the meaning ascribed to that term in Section 3(a). itv Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Collected Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Commence Construction shall have the meaning that the City has approved the engineering plans, held apre-construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. Roadway hnpact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway —Page 1 Page 151 of 256 Developer's Construction Cost, with respect to the Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit E. City inspection fees shall not be included in Developer's Construction Cost. Final Reimbursement Amount, with respect to the Roadway Project and the Storm Drainage Project, means a dollar amount equal to the lesser of $356,176.77 or the Developer's Construction Cost. Additional costs eligible for reimbursement shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Impact Fee Reimbursement Property means real property as defined in Exhibit B, from which collected Roadway Impact Fees shall be eligible to be reimbursed upon development. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Propertymeans Shadowbend Phase 1 as defined in Exhibit A. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadwa�provements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Rosamond Parkway Roadway Improvements generally described, without limitation, as the installation of concrete road paving generally depicted in Exhibit C, attached hereto, and in accordance with construction plan(s) approved by the City. Storm Project means the construction of a storm drainage system generally described, without limitationI as the installation of a curb inlet and reinforced concrete box and storm pipe in a drainage easement and Rosamond Parkway right-of-way generally depicted in Exhibit D, attached hereto, and in accordance with the City of Anna Standard Construction Details. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project and the Storm Project, and before the City has accepted. the Roadway Project and Storm Project after- inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer's Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer's Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld) or a longer period of time if the City Manager reasonably Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway -Page 2 Page 152 of 256 requests additional evidence of the Developer's Construction Cost. Upon approval of Developer's Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). (b) Maintenance Bond. For• each construction contract for any part of the Roadway Project entered into by or on behalf of Developer, Developer or Developer's contractor(s), as applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"), (c) 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, its 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's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer and/or its contractors) shall acquire and maintain, during the period of time when the Roadway Project is under construction: (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 of any nature whatsoever which might arise or grow out of or otherwise relate to the Roadway Project and any related construction contracts, whether caused by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A4" 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 improvement 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. (e) Indemnification and Hold Harmless, DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway -Page 3 Page 153 of 256 AGREES TO DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY, SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER, DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT, OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Roadway Improvements and complete the Roadway Project and the Storm Project in a good and workmanlike manner and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Roadway Project and Storm Project. Developer shall commence construction in accordance with the definition in Section II "Commence Construction" on or before July 31, 2021. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway -Page 4 Page 154 of 256 (b) City Obli atg ions (1) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Impact Fee Reimbursement Property as described in Exhibit B at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in a separate and clearly identifiable interest -bearing account. The City shall reimburse Developer up to the lesser of $338,176.77 or the Developer's Construction Cost in the aggregate on a quarterly basis (the "Reimbursement") cominencing on same quarter of the City Acceptance Date. The City shall provide the Reimbursement to Developer quarterly until the Final Reimbursement Amount has been paid in full. The Collected Roadway Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (2) The City will reimburse the Developer for the full cost of the Storm Project in an amount not to exceed $18,000.00 from the Public Works Street Department budget line item for storm sewer repair and maintenance. Upon City Manager approval of Developer's Construction Cost (which approvals shall not be unreasonably withheld), the City shall issue a written acceptance letter and payment of the Developer's Construction Cost to Developer, which shall signify final acceptance by the City of the Storm Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). Payment shall be made to the Developer within 30 days of the City Manager's approval of the Construction Cost. (3) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any and all of the City's other obligations under this Agreement shall expire on September 30 in the tenth year after the City Acceptance Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway -Page 5 Page 155 of 256 SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, 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 fiill force and effect. (b) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. (c) Notice. All .notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: If to Developer: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 LGI Homes —Texas, LLC Attn: Elaine Torres Officer 1450 Lake Robbins Drive The Woodlands, TX 77380 Roadway Impact Fee Reimbursement Agreement Shadowhend Phase 1 Rosamond Parkway -Page 6 Page 156 of 256 (d) 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 all Parties expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the parry for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (lc) No Other Beneficiaries.. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway -Page 7 Page 157 of 256 [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway -Page 8 Page 158 of 256 LGI Homes —Texas, LLC., a Texas limited liability corporation By: LGI Homes —Texas, LLC., a Texas corporation, its general partner By: Name: Elaine Torres Title: Officer IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2020, personally appeared Elaine Torres, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement ShadowUeud Phase 1 Rosamond Parkway —Signature Page Page 159 of 256 CITY C By: 1N WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the jt day of Q , 2020, personally appeared Jim Proce, 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, Texas, CABBIE 1. SM(TH Notary Public, State of Texas My Notary ID # 1141%U E)0= February 4, 2023 11 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway —Signature Page Page 160 of 256 ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B —Impact Fee Reimbursement Property Exhibit C —Roadway Project Exhibit D —Storm Project Exhibit E —Breakdown of Costs Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway —Attachments Page 161 of 256 EXHIBIT A The Property } r 1 a�, 1' • iaF1 3 �� i iplet s B i tea tootj t, s 4)af 9EpE� i 3�tSEF aii E;(t gg .' sa4 Es€�dt.yEBddE{{ta:isll6}Ets M, S€ iat(t{tl FFd "\a ��, _ - 4d.tfl$�3 Be99Sed3.36esia3�i�SE ii I� ,�d1!t ;l:f>� '`E :a ii!i O 0 000 d�saf!•��SEEi?EeE �iafkiiieif $99!•!cfi f9 :939 54 99E )l)11)ll t 3 }t }1 !• '} t:}i ,...., .I ��•f".F �;SiS5 4 f� �t 'efiEa f. d� Eit 1 ?�9:E sEcc Id aEE s9,}? Op ui s,iAt WN test t C ��, .. ...,� �! r , ,r• f s c , It ten 1 ,v 40 AIM AM err ij d `A % an AWN tra men Ian ; me Ars Ir is 3 }tit 5}'3,.. �s}s. p TTAID Ito eta -A 6 az arm n =gi a a gg z 46W< _ � N spyy, O ILI a a g4fi8$g O Z if[ 4 O:i �[d DW I 9 C 6 � ry. fie, Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway —Exhibit A Page 162 of 256 OWNERS CERTRTCATE STATE OF TEXAS COUNTY OF COWN WHEREAS, LGI HOMES -TEXAS, LLC Is the owner of a tract of fund, dhiated In J.C. Brantley Survey, Abstract No, 114, City of Anna, Colin County, Taxers, and being a portion of a tract of land described in deed to LGI HOMES -TEXAS, LLC, and recorded in trutrument No. 201908MI009780 of the Official Public Records of Colin County, Texas (O.P.R.C.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/24nch Iron rod at the Intersection of the north right of way tine of Rosamond Parkway (a 60 foot wide right of way dedication) as shown on the final plot of Anna ISD Pork Addition. an addition to the City of Anna, Colin County, Texas recorded in Volume 2006, Page 326, PA.C.C.T., and the west right of way fine of State Highway Number 5 (0 100 foot wide fight of way) as recorded in Votvme 301, Pogo 168 of the Deed Records of Cairn County, Texas D.R.C.C.T. some point being the southeast comer of o tract of land described in a deed to Craig Curry 129.576 Interest), Frisco Platinum 4SGC, LP (29.5% Interest), and Buxton Partners, LTD. (i 1,6%Interest), recorded in Instrument Nov 201WSI9000615390 of the O.P.R.C.C,T, also being described in a deed to Four Quarters Enterprises, LTD. (29,5% Interest), recorded In Vutnumenl No. 20170207000173060 of the OP.R.C.C.T, oho being a point on the south fine of sold J.C. Brantley Survey; THENCE, South 88 degrees 41 minutes 02 seconds East, along the south fine of said Curry, Frisco Platinum Buxton Partners, and four Quarters Enlerprbes tract, the south Ene of said J.C. Brantley Survey, and the north right of way Ina of said Rosamond Parkway, a distance of 1147A7 at to a found 1/2-Inch Iron rod with yebw cap stamped TAPE DAWSON' far the southeast comer ats" LGI Homes tract and the POINT OF BEGINNING; THENCE, North 88 degrees 41 minutes 02 seconds West, continuing along the north right of way me of Rosamond Parkway, along the south 9na of the J.C. Brantley Survey. and the south ine of sold LGI Horses tract, a distance of 986DI feet to a set 1/24nch ion rod with yelow cop stomped "PAPE DAWSON"; THENCE, departing the north Ina of Rosamond Parkway and the south Rne of the J.C. Brantley Survey, over and across sold LGI Homes tract the following courses and dsstancet North 01 degas 06 minutes 12 seconds East, a distance of 15026 feel to a sal 1/2-Inch ton rod with yebw cap stamped "PAPE DAWSON"; Noah 36 degrees 54 minutes 17 seconds W. a d[sionce of 120.3E feet to a set 1/24nch Iron rod with yelow cop stamped "PAPS DAWSON"; North 01 degree 59 minutes 34 seconds East, a distance of 184,53 feet to a set 1/2-inch Iron rod with yelow cap stomped "PAPE DAWSON"; North 88 degrees 36 mtnutas 36 seconds West, a distance of 120.00 feet to a set 1/24nch iron rod wits yelow cap stamped "PAPE DAWSON"; North 01 degree 23 minutes 24 seconds East, a distance of 9650 feet to a set 1/2-Inch Yon rod with yelow cop stamped "PAPE DAWSON"; North 80 degrees 36 minutes 36 seconds West, a distance of 5D.00 feet to a rat 1 /24nch Iran rod with yelow cap stamped "PAPE DAWSON"; Noah 01 degree 23 mnufas 24 seconds East, a distance of 20.50 feet to a set 1/24nch iron rod with yelow cap stamped "PAPE DAWSON"; Noah 88 degrees 36 minutes 36 seconds West, a distance of 20.50 feet to a set 1/24nch Ron rod with Yellow cap stamped "PAPE DAWSON"; North Of degrees 23 minutes 24 seconds East, a distance of 60M feet to a set 1/24nch Iron rod with yellow cop stamped "PINE DAWSON"; South 88 degrees 36 minutes 36 seconds East, a distance of 20M feet to a set 1/24nch Iron rod with yellow cop stamped "PAPE DAWSON"; Noah 01 degree 23 minutes 24 seconds East, a distance of 234.OD feet to a set 1/2-Inch Yon rod with yellow cop stomped "PAPE DAWSON"; North till degrees 36 minutes 36 seconds West, a distance or 20.60 feet to a set 1/24nch iron rod wish yelow cap stamped "PAPE DAWSON"; Noah 01 degree 23 minutes 26 seconds East, o distance of SOAO feel to a set 1/24nch ton rod with yelow cop stomped "PAPE DAWSON"; Noah 88 degrees 36 Mnutes 36 seconds West, a distance of 96.50 feet to a set 1/24nch Iron rod with yelow cap stamped "PAPE DAWSON"; North 01 degree 23 minutes 24 seconds East, a dhionce of B07.OD feet to a set 1/2-Inch ton rod with yelow cap stamped "PAPE DAWSON"an the north ins of said LGI Names tract, same being the south lne of Meadow Ridge Estates Phase Two, an addition to the City of Anna, Coln County, Texas recorded In Volume R. Page 196 P.R.C.C.T.t THENCE, along the north fine of LGI Homes tract, the south Ina of sold Meadow Ridge Estates Phote Tyro, and along the south One of Meadow Ridge Estates Phase One, an addition to the City of Anna, Colin County, Texas recorded In Volume P, Page 63 P.R,C.CJ, South 88 degrees 36 minufes 36 seconds East, a distance of 1721.90 feel to a found 5/84nch ton rod with pink plastic cap stamped "TxDOT" an the proposed west aghf of way lne of State Highway Number 5 (a variable width right of way) per Parcel 274 as shown on a parcel plat surveyed by Bryan A Kid (CP a Y, Inc.), dared July 28, 2017, and as shown in Notice of Lis Pendens, recorded in Instrument No, 20190603ODD626M 0P.R.C.C34 THENCE, South 22 degrees i I minutes 36 seconds East, along the proposed west right of way Fne of State Highway Number 5, a distance of 551.72 feet to a set 1/24nch ton rod with yellow cap stomped TAPE DAWSON , THENCE, deporting the proposed west right of way fine of State Highway Number 5, and along the easterly tines of saki LGI Homes tract, the fallowing courses and distances; South 68 degrees 56 minutes 2S seconds West, a distance of 294.03 feet to a set 1/24nch Iron rod with yelow cap stamped "PAPE DAWSON"; South 22 degrees 38 minutes 30 seconds East, a distance of 290,32 feet to a set 1/24nch Iron rod with yellow cap stamped "PAPE DAWSON"; South 67 degrees 26 minutes 31 seconds West, a distance of 217,73 feet to a set 1/2-inch ton rod with yelow cap stamped "PAPE DAWSON", and being the beginning of a nonr4ongent curve to the right having a rodus of 629,07 feel, a control angle of 15 degrees 09 mfiutos 39 seconds, and being subtended by a 165,97 foot chord which bears South 74 degrees 56 minutes 01 second West; Along sold tune to the right, an arc distance of 166.46 feet to 0 set 1/2-inch ton rod with yebw plastic cop stomped "PAPE DAWSON", and being the beginning of a ran -tangent curve to the sight having a radius or 63051 feet, a central angle of 43 degrees 49 minutes 37 seconds, and being subtended by a 470.39400t chord which bears South 31 degrees 10 minutes 35 seconds West; Along sold curve to the right, an arc distance of 482JM feet to a sat 1/24nch Iron rod with yelow pkssfic cop stomped "PAPE DAWSON"; South 00 degrees 23 mnutes 16 seconds West, a distance of 262JJ2 feet to the POINT OF BEGINNING, and CONTAINING 57A4 of on Acres or2.510,794 Square Feet of land more or less, and being described In accordance with a survey made on ground and accompanied by an exhibit or survey map prepared underjob number 70116-01 by Pope Dawson Engineers, Inc. Roadway Impact Fee Reimbursement Agreement Shadowbend Pbase 1 Rosamond Parkway —Exhibit A Page 163 of 256 EXHIBIT B Impact Fee Reimbursement Property s$.liliE-i--i l:, :., :Seed yEi! 1s get tM111131; awl VIFFFw to IF, Y�¢ IN l3'°. 4F li�Ea F £c 1S8l;e llc' S9�r`�'L'y ,. Ills ICI o OOee �'iSRr$M_li5xt i9t4tt{ ii 3lttIF t tit .+ tit Taaf3 3 ae+i� e t ,tSLi 4 ft�S1'i i t tie(Ef { ) JJD i �qap§- �A Hill Bl 92 'g '_ fir' a s • 6` , 7 v��a t C IF ...�.,.,• �°a \�� of ., C �` y WA IT FF IF � �, r� IF 44 IF ..IUvn --- %j U. 4 {� • / ` •1 p say ---. i3 1 tow t ✓�`+ .. - t £ �l Alt.• ^ �� %{ •• 99y C IF Molt 9 IF .t11 IF totalIN 4 - 1 - • s �{ a fir''--. -q ' _t fSol I .sn -! Ci• k5: s. q �` r� i' £ �` LF . i o) r i , e lots x • R tf v`ixts't e, lli a tot .� ,. Or t ! 9 4 - t� t••. oil IF F. IF ot. IF g. s T IF Itoi i� ig.I t�4@. JI l ! I 9ffi a� Ist � — L md ROD a a IF wool FF kkk n; gin. IF ., 1too, IF et _ - IFKN �►' G� 9 9 so IF a 99—--- Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway —Exhibit B Page 164 of 256 EXHIBIT C The Roadwav Proiect SIMN/ON3� �� NOSMV"dW 3lIjOHd 8 NVId �JNIAtld 3AIHO ONOMSOH SVX31'VNNV d0 A110 43SVHd aN38MOGVHS 99 pp Y lii�i 1 r Y = wi Ness NO 1 i a s Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway — Exhibit C Page 165 of 256 Simna NoinnN1SNOJLN31ISAtld qI ,yJ SVX31'tlNNtldO ALTO ' v I NO"WITAR d J� 4 3SVHd ON39MOOVHS E s! u_ 91 1 to ! I; Ir Of !!il o (.. Liu too it I tt 811 a� 1 if � ! I, r E, ; • 4;a I�Ii ! ,, f z tall a 408 l!iJul III t Nil: I a fillall Ej R , • y FI � � e a � l ° A S' I 1 � I ! L�113 v f s ! 1 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway —Exhibit C Page 166 of 256 EXHIBIT D Storm Project Roadway Impact Fee Reimbursement Agreement Shadowhend Phase 1 Rosamond Parkway — IJxhihit D Page 167 of 256 EXHIBIT _U, Breakdown of Costsl ROSAMOND PARKWAYIMPROVEMENTS H ENGINEERfSON j� ENGINEERS `,)1f1 PROTECT NAME: Shadowbend, Phases EOT COUM: N/A CITY: Anna, Texas GROSS ACRES: 1.7 J08 NUMBER: 70115-01 a. ..a Item Description E, PAVING quantity Unit Unit Price TotalAmount 24-Inch Reinforced Concrete Pipe (RCP), (76, Classlil 7 Unear Foot $ 76,09 $ 532463 36-Inch Reinforced Concrete Pipe (RCP), C760 class III 45 Unear Foot $ 121.07 $ 50448,15 &Itx5-Pt Reinforced Concrete Box(RCS), C76, Oats 111 128 Unear Foot 5 397.18 $ 50,839.04 9-Ft x4-FtReinforced Concrete Box III C76, Class 111 11 Unear Foot $ 397,18 $ 44368.98 Standard 15-Foot Recessed Curb Inlet 1 Each $ 4,194.53 $ 4,194.53 15-Ftx 5-Ft Manhole/Junction Box, Complete in Place 1 Each $ 11,883.92 $ 114883.92 354nch TxDOTSW-0 Headvall, I Pipe 1 Each $ 2,842.71 $ 2,842.71 Remove Headvafl,Connectto Eaisting(2)6'XS'RCB 1 Each $ 1,785.14 $ 1,785.14 inlet Protection 1 Each $ 357,50 $ 357.50 Trenchsafety 127 Unear Foot $ 0.11 $ 13.97 ubtobI Storm Sewer Improvements $ 820266657 IMPROVEMENTS Item DesulpUan quantity Unit UnkPrlce TotalAmaunt 8-Inch Thick Reinforced 4,000 psi Concrete Street Pavement with 6-Inch Monolithic Curb 30365 Square Yards $ 41.30 $ 1380974,50 6-Inch Thick Ume Treated Subgrade 3,753 SquareYards $ 3.00 $ 11,259.00 Hydrated Ume(36 Ib/sy for&inch) 68 Ton $ 191.00 $ 120988,00 5-Foot Sidewalk By Developer(4-Inch Thick) 372 Square Yards $ 46,90 $ IT446.80 Barrier Free Ramps 2 Each $ 1AW100 $ 306W,00 Street tight 3 Each $ I1,000.00 $ 334000.00 Type III Barricade 3 Each $ 1,650.00 50.00 d" White Pavement Striping 90 Unear Foot $ 2,00 180.00 8" White Pavement Striping 700 Unear Foot $ 2,70 90.00 Lane Legend "Left Arrow' 2 Each $ 260.00 520.00 !$23Sg508s30 lane Legend "Only" 1 Each $ 300.00 00.00 Sawcvt &Connect to Existing Concrete Pavement 400 Unear Foot $ 26.00 00.00 Subtotal- Paving Improvements ROSAMOND PARKWAY IMPROVEMENTS SUMMARY A EARTHWORK IMPROVEMENTS $ 5,701.90 B.SANITARY C. SEWER IMPROVEMENTS _ _ STORM SEWER IMPROVEMENTS $ $ 82,266,57 0. WATER IMPROVEMENTS $ E. PAVING IMPROVEMENTS $ 235,508.30 F. G. RETAINING WALLS MISCELLANEOUS $ _. $ _.14,700.00 GRAND TOTAL: $ 338,176.77 ) Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway —Exhibit E Page 168 of 256 703 N. Greenullle Ave. Allen, TX 75002 PROJECT: CITY OF ANNA DRAINAGE LOCATION: ANNA, TX DATE: July 16, 2020 WORK ORDER PROPOSAL PAGE 1 OF 1 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 INSTALL RCP LS 1 S 14,500.00 $ 14,500.00 2 REMOVE EXISTING HEADWALL LS 1 S 1,000.00 $ 1,000.00 3 PROCESS AND COMPACT IMPORTED DIRT BY CITY LS 1 S 500.00 $ 500.00 4 REPLACE HEADWALL LS 1 S 2,000.00 $ 2,000.00 TOTAL PROPOSAL $ 182000,00 CLARIFICATIONS: THESE ITEMS WERE PROPOSED BY THE CITY OF AN K-CON-AJY► Evan Jones OWNER CITY OF ANNA Authorized Representative: Print Name: Roadway Impact Fee Reimbursement Agreement Shadowbend Phasc 1 Rosamond Parkway —Exhibit E Page 169 of 256