Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Res 2018-08-477Restated VHC SIA (recorded)
is w a 20181002001230020 10/02/2018 08:19:43 AM AG 1/109 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT This First Amended and Restated Villages of Hurricane Creek Subdivision Improvement Agreement (this "Agreement") is entered into between the CITY OF ANNA, TEXAS, (the "City"), and CADG Hurricane Creek, LLC, a Texas limited liability company ("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 a home -rule municipality of the State of Texas; and WHEREAS, this Agreement amends that certain Villages of Hurricane Creek Subdivision Improvement Agreement entered into among and between the City, Villages of Hurricane Creek, LP, Don Collins, Ted K. Tedford, and Steven Cameron, effective on March 11, 2015 (the "Original Agreement"); and WHEREAS, the Developer is currently the sole owner of the Property and all of the rights, covenants, and obligations under the Original Agreement have been fully assigned to the Developer; and WHEREAS, the City and the Developer acknowledge and agree that the Original Agreement is hereby amended and restated as set forth in this Agreement and that this Agreement fully restates, supersedes, and entirely replaces the Original Agreement as of the Effective Date; and WHEREAS, Developer owns approximately 368.2 acres of real property located wholly within the corporate limits of the City, and which property is described by metes and bounds and depicted on Exhibit A ("Property") upon which the Parties have agreed that Developer shall fully develop 654 residential lots; and WHEREAS, 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 WHEREAS, on February 24, 2015 the City created the Villages of Hurricane Creek Public Improvement District (the "PID"); and FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE WHEREAS, On December 8, 2015 the City created a tax increment reinvestment zone ("TIRZ" ), which TIRZ is coterminous with the boundaries of the PID; 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 certain 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 manner and to dedicate such Authorized 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 $25,015,000; 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 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) fund 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 Plan; (ii) adopt an Assessment Ordinance (to pay for a specified portion of the Budgeted Cost(s) shown on Exhibit B and approved by the City's consulting engineer 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 $25,015,000.00 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 $25,015,000.00, in multiple series, to finance the Authorized Improvements in accordance with the Service and Assessment Plan; 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 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 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 has adopted, approved, and executed and/or 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 2018 and ending in Tax Year 2048 to pay for certain public improvements that benefit the entire PID and other property in accordance with this Agreement; and WHEREAS, all of the City's Administrative Expenses associated with the TIRZ 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 certain 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 funds; and WHEREAS, unless expressly set forth to the contrary in this Agreement, it is the Parties' 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 acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Developer understands and acknowledges 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. FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 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 means the lot and improvements required under this agreement to be constructed by the Developer and maintained by the HOA that shall include amenities including a clubhouse (at least 4,000 square feet) with fitness center with weight room and cardiovascular equipment, a kitchen, a meeting area, and restrooms; swimming pool (at least 3,700 square feet); lap pool (at least 2,800 square feet); children's pool (at least 700 square feet); tennis court (at least 2,200 square feet); basketball sports court (at least 4,200 square feet); playground with seating; ornamental metal fencing; and landscape planting beds; all consistent with Amenity Center Concept Plan and 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. The exterior masomy requirement for the Amenity Center shall comply with the masonry requirement for single family homes outlined zoning ordinance for the Property (Exhibit L)." Assessment means the assessment levied by the City Council pursuant to the Assessment Ordinance, to pay for a specific portion of the Budgeted Cost. Assessment Company 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 hnprovements 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. FIRSTAMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE4 Citv means the City of Anna, 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 Anna 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. City PID Fee means a one-time fee of $3,400 per residential lot to be paid by Developer. to the City in accordance with Section 3.3. City Regulations mean City Code provisions, ordinances, design standards,, uniform codes, and other policies duly adopted by the City. Collector `B" Roadway Improvements mean the improvements to Collector `B" as described and depicted in further detail in Exhibit D-1 and Exhibit D-2 and in accordance with design/construction plans to be approved by the City. Collector "C" Roadway 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" Roadway Improvements mean the improvements to Collector "D" as described and depicted in further detail in Exhibit D-4 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 -market 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. Development means the new development on the Property that is the subject of this Agreement. Developer Cash Contribution means that portion of the Authorized Improvements Cost that the Developer is contributing to initially fund the Authorized Improvements. Development Agreement Extension Fee means a fee in the amount of $366,943 that the Developer shall pay to the City in accordance with Section 5.9. FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 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. 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 real property records of Collin County. Home Buyer Disclosure Program 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. Hurricane Creek Regional Trunk Sewer Improvements means a certain segment of a regional sanitary sewer trunk line to be constructed by the City under this Agreement as generally depicted in Exhibit H-3. Impact Fees means as defined in Chapter 395 of the Texas Local Government Code 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. Landowner(s) 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. Maximum TIRZ Contribution means an amount estimated to be $23,193,733, which amount is subject to a TIRZ par amount of $10,270,000.00 plus six and a half percent (6.5%) interest and TIRZ Administrative Expenses, and further subject to adjustment as provided in Section 8.2 and as may be adjusted in accordance with the model set forth in ExhibitP. Neighborhood Trails mean a system of neighborhood hike and bike trails funded and constructed by the Developer and maintained by the FICA 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). Offsite Sanitary Sewer Facilities mean any and all offsite connection lines to the City's main regional sewer line as said offsite connection lines are described and depicted in further detail in Exhibit H-1 and in accordance with design/construction plans to be approved by the City. FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE Oversized Sanitary Sewer Facilities mean the over -sized onsite sanitary sewer main lines as described and depicted in further detail in Exhibit H-1 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 or the City, as set forth in this Agreement, 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 Government Code, known as the Villages of Hurricane Creek 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. Previous Facilities Agreement means the document titled Anna 376 Facilities Agreement, a copy of which is attached to this Agreement as Exhibit K. Property means the real property described by metes and bounds and depicted on Exhibit A. Public Infrastructure means all water, sewer, drainage and roadway infrastructure necessary to serve the full 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 terms, provisions and findings approved and agreed to by the Developer and City, as required by this Agreement. 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 finance 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 ftmds in accordance with this Agreement, state law and the TIRZ Documents. TIRZ Increment means an amount currently estimated at 64.19%, which actual percentage shall be determined at the sale of the first series of PID Bonds (such bonds to include financing of major improvements for the Property in one or more series), of the ad valorem tax increment, as MRSTAMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMEN'FAGREEMENT PAGE 7 determined on a parcel by parcel basis each year Linder 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 2018-2019 through and including fiscal year 2047-2048, less TIRZ administrative expenses. TIRZ Ordinance means the City Ordinance creating the TIRZ. TIRZ Project and Finance Plan means the project plan and finance plan that governs TIRZ operations. TIRZ Projects means a certain portion of the Authorized Improvements, as described in Exhibit B, not to exceed $7,400,000.00 to be undertaken by the PID as well as the TIRZ. 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 making 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 in 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 Land. 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 take 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. 3.3 City PID Fee. The Developer shall pay to the City, simultaneously with the closing on the first PID Bonds issued under this Agreement, the full amount of the City PID Fee. The full amount of the City PID Fee shall be deemed to be $2,223,600 (654 lots multiplied by $3,400) and shall not be refundable for any reason. The City PID Fee shall not be increased, decreased or discounted for any reason, including without limitation a change in the number of lots ultimately developed within the Development. ARTICLE IV AUTHORIZED IMPROVEMENTS FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4.1 Authorized Improvements. The Budgeted Costs 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 and same will be attached as an addendum to this Agreement. 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 portions of the Budgeted Cost(s) 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)(I 1) 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. FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 (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 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 Manager; 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. (e) Applicability. Subsections (a)-(c), above, shall not apply to Public Infrastructure that the City is obligated to fund and construct under this Agreement. ARTICLE V ADDITIONAL OBLIGATIONS 5.1 Sanitary Sewer Facilities. (a) Developer's Obligations. (1) Developer is responsible for funding and construction of all sanitary sewer improvements required to serve the Property that are not constructed by the City under this Agreement. (2) Prior to recording a final plat in the Land Recordings with the Collin County Clerk's Office for any phase of the Development Developer shall complete in FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE. CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 10 a good and workmanlike manner construction of the Offsite Sanitary Sewer Facilities and the Oversized Sanitary Sewer Facilities necessary to serve such phase, including without limitation any such facilities that connect to the offsite Hurricane Creek regional trunk sewer improvements to be funded and constructed by the City under this Agreement. (b) City's Obligations. Within two (2) years of the Effective Date the City is responsible for the funding and construction of the offsite Hurricane Creek Regional Trunk Sewer Improvements as shown on Exhibit H-3. As a result of the offsite Hurricane Creek regional trunk sewer improvements, Developer is not responsible for the funding and construction of the offsite sanitary sewer improvements on Exhibit H-1. 5.2 Water Facilities. (a) Developer's Obligations. Developer is responsible for the construction of all water improvements required to serve the Property that are not constructed by the City under this Agreement. Developer agrees to construct a minimum twelve (12) inch diameter water line estimated to cost $329,007 and known as the "Standridge oversized waterline improvements" and the estimated $24,617 FM 455 water improvements as shown in Exhibit M, which water lines shall be a TIRZ projects, and which costs are reimbursable to the Developer as a qualified TIRZ projects. (b) City's Obligations. Not later than the second (2°d) anniversary of the Effective Date the City is responsible for the funding and the construction of the estimated $435,000 segment for Collector "C" water improvements as shown in Exhibit M. 5.3 Roadway Facilities. (a) Developer's Obligations. Developer is responsible for the funding and the construction of all roadway improvements required to serve the Property that are not funded and constructed by the City under this Agreement, as follows. (1) Prior to recording 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 March 31, 2021, Developer shall complete in a good and workmanlike manner construction of all of the Phase 1 offsite roadway facilities shown in Exhibit D-1 (subject to the Northbound Lanes Commencement/Construction Deadlines defined in Section 5.10; to the extent of any conflict with this subsection. Section 5.10 shall control) and the onsite and offsite portion of Phase 1 of the Collector `B" Roadway Improvements as shown in Exhibit D-1 and Exhibit D-2, (2) Prior to recording 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 March 31, 2023, Developer shall complete in a good and workmanlike manner construction of Phase 2 of the Collector "B" Roadway Improvements and Phase 1 of the onsite portion FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE I I of Collector "C" Roadway Improvements as shown in Exhibit D-2, and Exhibit D-3; and (3) Prior to recording 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 March 31, 2027, 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 D-4. (b) City's Obligations. Not later than the third (3`d) anniversary of the Effective Date the City is responsible for the funding and construction of an estimated $909,000 for two lanes of Collector "C" (offsite only) roadway improvements as shown on Exhibit D-3. 5.4 Amenity Center. Within one year of the recording of a final plat in the Land Recordings with the Collin County Clerk's Office for the first (1st) phase of the Development, Developer shall complete construction on the Amenity Center. At a minimum, the primary building of the Amenity Center shall be required to be at least four 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 funding 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 of Neighborhood Trials 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 G-1. 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/Public Safety Facilities Land Dedication. Within 30 days of recording a final plat of the Phase I Development in the Land Recordings with the Collin County Clerk's Office, Developer shall, at no cost to the City, donate to the City 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. Prior to this dedication to the City, Developer shall not encumber said tract or any portion thereof and shall furnish documentation acceptable to the City verifying that FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE, 12 said tract is free 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 tracts 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. 5.9 Performance Window: Development Agreement Extension Fee: Election to Terminate. In the event that the Developer satisfies all of its obligations under its control pursuant to Section 6.1 below and has requested that the City issue PID Bonds on or before December 31, 2018 (and has done so within a time period that reasonably allows the City to issue PID Bonds on or before December 31, 2018), Developer is not otherwise in default under this Agreement, and the City does not issue the PID Bonds on or before December 31, 2018, neither Party shall thereafter be required to perform under this Agreement and this Agreement will terminate. In the event that the Developer does not satisfy all of its obligations under its control pursuant to Section 6.1 or does not request that the City issue PID Bonds on or before November 10. 2018, neither Party shall thereafter 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 the City's approval of a final plat of the Phase 1 Development and commence construction on Phase 1 Development by the latter of January 31, 2019 or thirty (30) days after the closing of the PID Bonds; and (ii) record a final plat of the Phase 1 Development in the Land Recordings with the Collin County Clerk's Office within (2) years of the Effective Date. As it pertains to this Agreement, "continence construction" includes initial grading or other site preparation as necessary for further development. If any of the requirements set forth in Section 5.1(a)(2), Section 5.2(a), Section 53(a), Section 5.10 or 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) before the expiration of said 120-day period, the City may terminate this Agreement by delivering written notice of termination to the Developer, and the Parties shall have no further obligations under this Agreement, including without limitation the obligations set forth under Article VIII of this Agreement. If this Agreement is terminated under this Section 5.9 or is otherwise terminated early under any other provision of this Agreement, Developer must within 30 days of such termination file or caused to be filed with the City an irrevocable petition by the owners of the Property to dissolve the PID and shall thereafter promptly undertake any and all reasonable actions to facilitate the dissolution of the PID and —notwithstanding anything to the contrary in this Agreement —the Developer's obligations regarding the dissolution of the PID in accordance with this section shall survive such termination. Notwithstanding any provision of this Agreement, Developer shall pay to the City the FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 Development Agreement Extension Fee on or before the 10`l' day after the Effective Date. If Developer shall fail to timely pay the City the Development Agreement Extension Fee, then this Agreement shall terminate, and Developer shall have the surviving obligations set forth in this section to take all necessary steps to dissolve the PID. The Development Agreement Extension Fee shall not be refundable for any reason, including without limitation termination of this Agreement for any reason. 5.10 Roadway Impact Fee Reimbursement. As stated in Section 5.3(a)(1), the Developer is responsible for the funding and construction of all four lanes of the Phase 1 offsite roadway facilities shown in Exhibit D-1. Solely with respect to the construction of the two northbound lanes of said offsite roadway facilities, Developer shall have a deadline to commence said construction within one year after the Effective Date and shall further have a deadline to complete said construction in a good and workmanlike manner within two years after the Effective Date (collectively, the "Northbound Lanes Commencement/Construction Deadlines"). If Developer meets the Northbound Lanes Commencement/Construction Deadlines, then the City shall reimburse the Developer $366,943 from roadway Impact Fees levied and collected on the Property. If Developer fails to meet the Northbound Lanes Commencement/Construction Deadlines, then the City may elect to undertake the completion of the construction of said two northbound lanes of such offsite roadway facilities in which case Developer shall not be entitled to the above - referenced reimbursement of $366,943 from roadway Impact Fees levied and collected on the Property. 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 $25,015,000.00; (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; FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 (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 Authorized Improvements increase the value of the 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 by 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 Improvements to be financed by the PID Bonds have been or will be constructed according to the approved design specifications and construction standards imposed by this Agreement including any applicable City Regulations; (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; FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 15 (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 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 Baal from Moody's Investors Service, Inc. (17) no information regarding the City, including without limitation financial 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 fund 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; (19) simultaneous with closing the PID Bonds, Developer shall pay or cause to be paid to the City the City PID Fee; (20) 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; (21) the Developer satisfies the City's consulting engineer that the Budgeted Cost(s) are reasonable; (22) the Developer has timely paid to the City the Development Agreement Extension Fee as set forth in Section 5.9; and (23) minimum value to lien ratio of 50% for PID Bonds; provided that any receivables due under any reimbursement agreement may be sold or assigned in accordance with Section 11.1 of the Agreement; such value shall be confirmed by appraisal from licensed MAI appraiser based on the assumption that development of property only includes the public improvements in place and to be constructed with the PID Bond proceeds and any Developer Cash Contribution deposited with trustee and finished lots (without vertical construction) for an improvement area. FIRSTAMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 16 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. 6.4 Developer Cash Contribution. At closing on any series of PID Bonds intended to fund construction of Authorized Improvements that have not already been constructed by the Developer, Developer shall deposit into the Developer Improvement Account a pro-rata amount of the Developer Cash Contribution. 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 funds 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, 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 City 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, to the extent available in the monies on deposit in the Improvement Account of the Project Fund, 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. 7A 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 funds 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 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 17 provided in the Indenture, the Services and Assessment Plan, and any construction funding agreement entered into by the Parties. ARTICLE VIII TIRZ 8.1 Tax Increment Reinvestment Zone. If the PID Bonds are issued in accordance with this Agreement, the City agrees that it will create, operate and maintain the TIRZ over the Property with the intention to provide revenue to pay for: (i) the construction or acquisition of Authorized Improvements to serve the Property; (ii) to reimburse the Developer for any costs advanced or expended by the Developer related to the construction or acquisition of Authorized Improvements; and/or (iii) to pay PID Bond Assessments or to retire all or part of the debt created by PID Bonds. Determination of which of the three purposes (or a combination of those purposes), referenced above, for which the TIRZ Increment shall be expended will be at the City's sole discretion. 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, 2048 and the total combined amount of the TIRZ Increment to be provided for the purposes described above shall not exceed the Maximum TIRZ Contribution; 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. If the total amount of the TIRZ Increment collected and disbursed reaches the Maximum TIRZ Contribution during the term of the TIRZ, then the TIRZ may be terminated at the City's sole discretion and the City shall have no further obligations with respect to the TIRZ. The members of the TIRZ Board shall be appointed by the City Council in accordance with Chapter 311, Texas Tax Code. 8.2 Adjustment. The amount of the Maximum TIRZ Contribution shall be reduced by: (i) the amount that actual debt service and additional interest for delinquency and prepayment reserves on the PID Bonds (plus TIRZ administrative expenses) issued to fund the first $7,400,000 of Authorized Improvements is less than the amount shown as "Net Debt Service and Other Payments" on page 6 of Exhibit P; (ii) the amount of debt service of the PID Bonds issued to fund the first $7,400,000 of Authorized Improvements is reduced as a result of the City providing funds, other than PID Bond Assessment or TIRZ Increments, to discharge or pay debt service on such PID Bonds; and (iii) the amount of any payments of assessments made by the City from funds other than PID Bond Assessment or TIRZ Increments. 8.3 Additional TIRZ Qualified Projects. In addition to the listed Authorized Improvements, qualified public improvement projects such as roads, sewers, drainage, water, right-of-way and real estate acquisition projects (including the public safety property) totaling $2,629,943.00 is included in the total TIRZ project amount as defined above, and shall be added to the TIRZ Authorized Improvement list if not already included. 8.4 Conflict. To that this Agreement conflicts with the TIRZ Project and Finance Plan approved by the City, this Agreement shall control. FIRSTAMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 18 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 (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) 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 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 on or before December 31, 2018. The City will not be required to specifically perform under this Agreement in the event that the Developer does not satisfy all of its obligations under its control pursuant to Section 6.1; or, regardless of Developer's actions with regard to its obligations under Section 6.1 if Developer does not request that the City issue the PID Bonds by November 10, 2018. ARTICLE XI ASSIGNMENT• ENCUMBRANCE 11.1 Assi mg Went. 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 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 19 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 Intentionally Deleted. This Section 11.2 has been intentionally deleted by the Parties. 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 within the PID 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 this 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 third -party beneficiary of this Agreement. 11.5 Notice of Assignment. 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. FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 20 ARTICLE XII RECORDATION AND ESTOPPEL CERTIFICATES 12.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the property 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 XIIT GENERAL PROVISIONS 13.1 Term. The tern of this Agreement shall be fifteen (15) 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. (i) 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 Security. 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 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 21 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 full period of two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. 13.4 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy. The City shall inspect, as required by City Regulations, the construction of all 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 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 contractor(s) 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-1" 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 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 22 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, 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 third - party rights -of -way, consents, or easements, if any, required for the Public Infrastructure. I£ however, Developer is unable to obtain such third -party rights -of -way, consents, or easements FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMEN"r PAGE 23 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 funded 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 fund 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 funds escrowed in accordance with this paragraph, Developer shall deposit additional funds as requested by the City into the escrow account within ten (10) days after written notice from the 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 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 Creek, LLC 1800 Valley View Lane Suite 300 Farmers 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. To the extent that the Previous Facilities Agreement or any other 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 are null and void. 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 Parties negotiated and entered into this Agreement; and (e) 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 full effect. The Parties have relied upon the recitals as part of the FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE24 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 300 Frisco, Texas 75034 And to: Attn: Bond Counsel McCall, Parkhurst & Horton, LLP 717 North Harwood, Suite 900 Dallas, TX 75201 To the Developer: CADG Hurricane Creek, LLC Attn: Mehrdad Moayedi 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 With a copy to: Attn: Robert Miklos Miklos Cinclair, PLLC 1800 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. FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 25 14.5 Authority and Enforceability. The City represents and warrants that this 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 (e) 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 thereof, 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 instrument. 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 Budgeted Costs Exhibit C Amenity Center Exhibit D-1 Roadway Improvements — Phase 1 Exhibit D-2 Collector `B" Roadway Improvements Exhibit D-3 Collector "C" Roadway Improvements Exhibit D-4 Collector "D" Roadway Improvements Exhibit E Home Buyer Disclosure Program FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE26 Exhibit F Landowner Agreement Exhibit G Neighborhood Trails Plan Exhibit G-I Public Access Trails Plan Exhibit H-1 Oversized and Offsite Sanitary Sewer Facilities Exhibit H-2 Intentionally Omitted Exhibit H-3 Hurricane Creek Regional Trunk Sewer Improvements Exhibit I Phase 1 Development Plan Exhibit J Intentionally Omitted Exhibit K Previous Facilities Agreement Exhibit L Intentionally Omitted Exhibit M Water Facilities Exhibit N Public Safety Property Exhibit O Parkland Sites Exhibit P City PID Bond financing and TIRZ Contribution Analysis - draft for illustration purposes only 14.11 Force Maieure. 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] FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 27 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF NA By: Name: Maurice Schwanke Title: Ci ManX r 1�5; Date: APPROVED AS TO FORM C titc- Name: Clark McCo Title: City Attorne STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 2018 by Maurice Schwanke, City Manager of the City of Anna, Texas on behalf of said Ci .f, CARRIE L. SMITH Mary public, Stat of Texas SEAL c+6,� _ Notary Public. State of Texas /�`c,+H> My Commission Expires �'+; January 27, 2019 _ �c lry rl�t l Name printed or typed Commission Expires:? FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE28 DEVELOPER: CADG Hurricane Creek, LLC, a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company Its: Member By: MMM Ventures, LLC, a Texas limited liability company Its_ Manager By: 2M Ventures, LLC, a Delaware limited liability company Its: Manager By: Nasne: Mehrdad Moayedi Its: Manager STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the � day of 2018 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, a Delaware limited liabUity company, as Manager of MMM Ventures, LLC, a Texas limited liability company, as Manager of CADG Holdings, LLC, a Texas limited liability company, as Member of CADG Hurricane Creek, LLC, a Texas limited liability company, on behalf of said company. ��o�`vn`��a,, TREUOR KDt11N6ER, i Notary Public, S ate of Texas ;��� .MotaryPublic,StateofTexas = Comm. ExpiresOt-06.2021 ?'�,,,,� NotarylD 13096®327 FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 29 Exhibit A METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY N 89°52'55"E 465.63' N23008'27"W 67.47' — N88°26'26"W 365.15, 11311 P E LOTO N 'Will LAND SOLUTIONS � WttlO"N W.EWpn OR pR�NI FN3CO.R �W.P I.I6s3VnpW _ N89°11'00"E I S00°10'57'W 794,06' 232.18' S90°00'00"E, 1755.97' N89°56'12T71184.36' S01 °O6'39"I R=700.00' 55.96' =205.39' D=16°48'41" CB=S7°17' 41" W CD=204.65 S 15°42'02"W, 121.60' / / R=700.00' =205.39' D=16°48'41" CB-S7°17'41" W CD=204.65 R=699,99' =116.43' D=9°31'48" CB=S3°39'15"W CD=116.30 R=700.03' =101.69' D=8°19'23" CB=S4°15'28"W CD=101.60 R=700.00' =530,61' D=43°25'52" CB=S21 °48'40"VJ� CD=518.00 R25.41' ' =25.41' S43'31'37"W, 310.13' D=00°02'48" CB=S43'40'02"W CD=25.41 S00°56'11"E 265.80' N89°44'50" 587.06' EXHIBIT A - DEPICTION OF PROP VILLAGES OF HURRICANE CREEK Wl LU M� u� .ago m GnT 75 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 al 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 5 89'54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89058'14"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 89°52'55"E, 465.63 feet; THENCE N 89°15'32"E, 742.56 feet; THENCE S 90°00'00"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 89°11'00"E, 794.06 feet; THENCE S 00°10'57"W, 232.18 feet; THENCE N 89°56'12"E, 1184.36 feet; THENCE S 01°06'39"E, 55.96 feet to the 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; THENCE S 15°42'02"W, 121.60 feet; THENCE with said curve to the 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 07 17'41"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 5 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 5 04 15'28"W, 101.60 feet; THENCE 5 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°25'52", having a radius of 700.00 feet, the long chord which bears 5 21°48'40"W, 518.00 feet; THENCE S 43031'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00002'48", having a radius of 400.00 feet, the long chord which bears 5 43°40'02"W, 25.41 feet; THENCE N 89°44'50"W, 655.06 feet; THENCE S 00056'11"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. `I P E LOTO N LAND SOLUTIONS � m>s aoreu w. e.wn oA. sre. <m i rases. rx rms �.says. � � EXHIBIT Al - METES AND BOUNDS VILLAGES OF HURRICANE CREEK Exhibit B AUTHORIZED IMPROVEMENTS WITH THEIR BUDGETED COSTS AND MAP 0 I PROPOSED SEWER PROPOSED WATER PROPOSED ROADS 1i11I PELOTON 1 Wl I LAND SOLUTIONS fOB]SJOMX W.ELLIOROR StE. a(qI FPISCO. iN'/69)]IdE4t�}�9p� I EXHIBIT B - OVERALL MAP VILLAGES OF HURRICANE CREEK Costs Costs 1 Land. $8,000,000 $8,000,000 4 Sewer 5 Storm 6 Paving 7 Miscellaneous 8 Collector 8 9 Collector C 10 ICollector 0 11 OS Sewer improvements 12 FM 455 13 Col lector A - CR268 - 41. - Roads 14 Collector 6.4L- Roads 15'Collector C- 2L-Roads 16 Collector C-Offsite 21. -Roads 17 Collector D-2L-Roads 18 FM 455 Water 19 Coil A Water 20 Coll Water 23 rUft station 1 24 -Trail System 2$ District Formation/Legal/Consulting 26 Flood Study 27 SWPPP $1,655,062 $6,746,731 $601,008 $476,457 $721,032 $120,852 $1,318,141 $0 $1,558,142 $2,084,464 $0 $334,039 $0 $44,601 $77,150 $596,655 $600,000 34 236904 $932,450 $25,000 $9,000 $622,535 $2,368,608 $488,764 $305,683 $721,032 $120,852 $1,318,141 $0 $0 $1,558,142 $0 $0 $0 $0 $44,601 $77,150 $250,000 20426289 $586,788 $25,000 $9,000 Future Ph costs $0 $1,032,527 $4,378,123 $112,244 $170,774 $0 $0 $0 $0 $0 $0 $2,084,464 $0 $334,039 $0 $0 $0 $350,000 13 810 618 $345,662 $0 So 33 Wastewater Impact Fee $0 $0 $0 37 Retaining Walls 38 Amenity Center / Other Amenities 39 TOTALS Note: 1 C011ectorA-CR268.41-Roads 2 US 75 Gravity main 3 Collector C-Offslte2L-Roads 4 FM 455 Water 5 Coll CWater $784,800 $2 000,000 9301891 $43,519, $105,460 $428,230 $1,500,000 7 920, 28347OSO $366,943 City ProjeCt/August 12018 Phase $2263,000 City Protect/August 12018 Phase $909,000 City Project / August .12028 Phase $24,627 City Project/August 12018 Phase $435,000 City Project/August 12018 Phase 1 $3,998,S60 $356,570 $500,000 $1,381,127 35191745 Total PID TIRZ .PID PID Private TIM Addd Carry costs MI Costs MI Costs Direct Costs. Costs Note @6.9%Int 1 Land $8,000,000 $D $0 $0 $8,000,000 $0 2 Earthwork $2,821,648 $0 $0 $705,412 $2116,236 0 FF 4 Sewer $3,581,524 $0 $0 $3,582,524 $0 $0 5 Storm $1,855,062 So $0 $1,655,062 $0 $0 6 Paving $6,746,731 $0 $0 $6,746,731 $0 $0 7 Miscellaneous $601,008 $0 $0 $601,008 $0 $0 8 Collector B $476,457 $0 $476,457 $0 $0 $0 9 Collector[ $721,032 $0 $721,032 $0 $0 $0 10 Collector $120,852 $0 $120,852 $0 $0 $0 11 OS Sewer Improvements $1,318,141 $0 $1,318,141 $0 $0 $0 12 FM 455 $0 $0 $0 $0 $0 $0 13 Collector A - CR268 - 4L - Roads $0 $0 $0 $0 $0 $0 14 Collector B-4L-Roads $1,558,142 $1,558,142 $0 $0 $0 $0 15 Collector C-21.-Roads $2,084,464 $2,094,464 $0 $0 $0 $0 16 collector C-Offsite 2L-Roads $0 $0 $0 $0 $0 $0 17 Collector D-2L-Roads $334,039 $334,039 $0 $0 So $0 18 FM 455 Water $0 $0 $0 $0 $0 $0 19 Call Water $44,601 $44,601 $0 $0 $0 $0 20 Coil B Water $77,150 $0 $77,150 $0 $0 $0 21 Coil C Water . $0 $0 $0 $0 $0 $0 22 5tanridgepveryizaWatertine$529,007 - - 23 t3ftStation Trunk Sewer FM Sewer $596,655 $0 $596,666 $0 $0 $0 24 Trall System $600,000 $0 $0 $0 $600,900 $0 34,236904 3A $3,310,287 1581M128 10716236 Lo 25 District formation/Legal/Consulting $932,450 $0 $932,450 $0 $0 $0 26 Flood Study S25.000 <n bq nnn En e,. ._ 33 wastewater Impact Fee $0 $0 $0 $0 $0 $0 34 Park Fees $D $0 $0 $0 $0 $0 35 Right ofi0lays /Real Estate Acquls ' ,'. $2 629 943' i S2 629,943 $0 , , ' $0, 50 , ?� $2,629;943 36 Geotechnical Testing $282,160 $0 $282,160 $0 $0 $0 37 Retaining Walls $784,800 $0 $0 $0 $784,800 $0 38 Amenity. Center/ Other Amenities $2;000,000 $0 $0 $0 $2,000,000 $0 9301891 $2,629,943 1 257205 L 5,414�74 $4629,943 39 TOTALS $43,SM, 6980196 4 67 $13,860.128 16130979 $2,629,943 Note: 1 CollectorA-CR268-4L-Roads $366,943 City Project/Apgu5t12018 Phase 2 US 75 Gravity Main $2,263,000 City Project/August 12028 Phase 3 Collector C-Offsite 2L.-goods $909,000 City Project/August 12018 Phase 4 FM 455 Water $24,617 City Project/August 12018 Phase 5 Coil CWater $435,000 City Project/August 1.2018 Phase $3,998,560 rnase one costs Pro L nR2 Pro PID Private TtrzAddtl carry Costs M1 costs MI Costs Direct Cosh Costs Note 05.5%IrK 1 Land $8,000,000 $0 $0 $0 $8;000,000 $0 2 Earthwork $3054,625 $0 $0 $263,656 $790,969 $0 '!3 Wate"r�$0'$D, 4 Sewer $1,300,263 $0 $0 $1,309,263 $0 $0 S Storm $622,535 $0 $0 $622,535 $0 $0 6 Paving $2,3681608 $0 $0 $2,368,608 $0 $0 7 Miscellaneous $488,764 $0 $0 $488,764 $0 $0 8 Collector $305,683 $0 $305,683 $0 $0 $0 9Collector C $721,032 $0 $721,032 $0 $0 $0 10 Collector D $120,852 $0 $120,852 $0 $0 $0 2105 Sewer improvements $1,318,141 $0 $1,318,141 $0 $0 $0 12 FM 455 $0 $0 $0 $0 $0 $0 13 Collector A-CR268-.4L-Roads $0 $0 $0 $0 $0 $0 14 Collector 8.4L-Roads $1,558,142 $1,558,142 $0 $0 $0 $0 15 Collector C-2L-Roads $0 $0 $0 $0 $0 $0 16 Collector C- Offsite 2L-Roads $0 $D $0 $0 $0 $0 17 Collector D-2L-Roads $0 $0 $0 $0 -$0 $D 18 FM 455 Water $0 $0 $0 $0 $0 $0 39 Call A Water $44,601 $44,601 $0 $0 $0 $0 20 Coll BWater 23 coilC Water 22 Stanrioge Qversize Water_Line "" $77,150 $0 $32900Z' $0 $0 " $77,150 $0 $0 $0 $0 5o SD $D 23 Lift Station Trunk Sewer FM Sewer - 24 Trail System " $596,655 $250,000 "$329,002' $0 $0 $596,655 $0 $0 $0 $0 $250,000 $o $0 20 26 $1,931.750 3139 51 $6,314, $9040, 969 $00 25 District Formation/Legal/Consulting $586,788 $0 $586,788 $0 $0 $0 26 Flood Study $25,000 $0 $25,000 $0 $0 $0 275WPPP $9,000 $0 $9,000 $o 90 0 37 Retaining Wails $428,230 $0 $0 $0 $428,230 $0 38 Amenity Center/ Other Amenities $1;500,000 $0 $0 $0 $1,500,000 -$0 7920 $2,629,343 732 648 .$9 , 173 629 3 39 TOTALS Note: 1 CollectorA-CR268-41-Roads 2.US 75 Gravity Main 3 Collector {+.Offsite 2L-floods 4 FM 455 Water 5 colic water MI Apportionment Notes ([/near) 28347050 ASSI, $3,872,161 6,314054 $366943 City Project/August 12018 phase $2,263,000 City Project/August 12018 Phase $909000 City Project/August 12018 Phase $24,627 City Project/August 3 2018 Phase 1 $435,000 City Project/August 1.2018 Phase $399&560 Twah Aff n.A,.W.m d MI Nan net 1 Ml Cases $8,433,854 $4,562,693 $3,872,161 2 Lots 654 654 654 3 Per Lot $12,895,80 $6,975.07 $5,920.73 4.Phase One $2,772,597 $1,499,639 $2,272,9582is 5 Ml PoperZone $5,661,256 $3,062,054 $2,599,203 439 1 599142 2 629 943 I Land 2 Earthwork 3 Water 4 Sewer 5 Storm 6 Paving 7 Miscellaneous 8 Collector 8 9 Collector C '.20 Collector 11 OS Sewer Improvements 12 FM 455 13 Collector A-CR268. 4L-Roads 14 Collector 8-4L=Roads 45 Collector C-2L-Roads 16 Collector C-Mite 2L-Roads 17 Collector D-:2L-Roads 18 FM 455 Water 19 CORAWater 20 Coll 0 Water 21 Call C Water 22 Stanridge Oversize Water Line 23 Uft Station Trunk Sewer FM Sewer 24 Trail System $0 $1,767,023 $1,309,163 $2,272,261 $1,032;527 $4,378,123 $112,244 $170,774 $0 $0 $0 $0 $0 $0 $2,084,464 $0 $334;039 $0 $0 $0 $0 $0 $0 $350,000 13, 810 618 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,094,464 so $234,039 $0 $0 W $0 $0 $0 $o 2418 03 $0 $0 $0 $0 $0 $0 $0 $170,774 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 50 $0 $0 $0 $0 170774 PID Direct Costs SO $441,756 $2,309,163 $2,272,261 $1,032,527 $4,378,123 $112,244 $0 So $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $o 9546074 Private Costs $0 $1,325,267 $0 $o $0 $0 $0 $0 $0 $o $0 $0 So $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $350,000 1675267 25 District Formation/Legal/Consulting $345,662 $0 $345,662 $0 $0 26 Flood Study $0 $0 $0 $0 $0 27 SWPPP $0 $0 $0 $0 $0 28 Final Platting. Fee $2,195 $0 $2,295 $0 S0 29 Development. Agreement Fee $0 $0 $0 $0 $0 30 Engineering Review $0 $0 $0 $0 $0 31 PIOFee $0 $0 $0 $0 $0 32 Water Impact Fee $0 $0 $0 $0 $0 33 Wastewater.lmpact Fee $0 $0 $0 go $o 34'Park Fees $0 $0 $0 $0 $0 35 Right of Ways/ Real Estate:Acquis. $0 $0 g0 $0 $0 36:Geotechnical Testing $176,700 $0 $176,700 $0 $0 37 Retaining Walls $356,570 $0 $0 $0 $356,570 38 Amenity Center/ Other Amenities $500,000 $0 $0 $0 $500,000 1381127 $_0 $524,557 i0 6570. 39. TOTALS 15191 745 2 418, $69s, 331 0,546, 2 531237 Note: I CallectorA-CR268-4k-Roads $366,943 Oty Project1August12018 Phase 2. US 75Gmvity Main $2,263,000.City Project/August 12018 Phases 3 Collector C-Offstte 2L-Roads $909,000 City Project/August 12028 phase 4FM 455 Water $24,617 City Project/ August 12018 Phase 5 Call C Water $435,000 City Project/August 12018 Phase $3 998,560 77MAddd Carry Note 06.5%Inc S0 $0 SD So $o SO So $0 $0 $0 $0 $0 $0 $0 $0 $0 $D $0 $0 $0 $0 $0 $0 $0 $00 rZ Exhibit C AMENITY CENTER AMENITY CENTER t 2.25 ACRES Monson : ,■MEN NI IN ison 0 iiii EXHIBIT C - AMENITY CENTER IMPROVEMENTS AND MINIMUM STANDARDS PELOTON VILLAGES OF i LAND tDtDT.DNS HURRICANE CREEK tO9t5MIM W. F1t10ROR STEaY41 iN3CO3 50)l IteR31Y.0W Exhibit D -1 ROADWAY IMPROVEMENTS — PHASE I 80' ROW 2 - 25' B-B LAN 120' ROW 2 - 25' B-B LANES � /CONSTRUCTION DEADLINE el THE PHASE 1 OFFSITE ROADWAY FACILITIES SHALL INCLUDE THE FOLLOWING: 1) 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 SHALL INCLUDE THE CONSTRUCTION OF 4 CONCRETE LANES (ULTIMATE 6 LANES) DIVIDED BY A RAISED MEDIAN. 2) PERIMETER SIDEWALKS SHALL BE CONSTRUCTED ADJACENT TO ALL DIVIDED ROADWAYS. 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. REGULATIONS. STATE OF TEXAS EXHIBIT D1 - ROADWAY IMPROVEMENTS PHASE 1 ROADWAY li!1I PELOTON VILLAGES OF `""° °°`"T'°"' HURRICANE CREEK vanwrww niwrr m. se..wirmsco.nmvmans+m Exhibit D -2 COLLECTOR °B"ROADWAY IMPROVEMENTS 11111111 1/111111 �g U 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 @ 25' B-B 80, 285 LF 2 TOTAL 2440 LF EXHIBIT D2 - COLLECTOR "B" ROADWAY IMPROVEMENTS (o li€I� PELOTON VILLAGES OF 00 I' LAND SOLUTIONS 0 800 16 l +wn.onr w.cumnacsre.or+raisco.ixv.vis�ar+.. HURRICANE CREEK GRAPHIC SCALE IN FEET Exhibit D-3 COLLECTOR "C" ROADWAY IMPROVEMENTS III MR 71 Il MM III �j��j��1,�� ���� 1���� ...ern 111111111f 11111/111 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, AND WHICH SHALL INCLUDE THE CONSTRUCTION OF A 37 FOOT WIDE (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 O PELOTON VILLAGES OF LAND SOLUTIONS 0 800 1600 HURRICANECREEK GRAPHICSCALE IN FEET Exhibit D-4 COLLECTOR "D" ROADWAY IMPROVEMENTS fM�m U 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 31 FOOT WIDE (B-B) CONCRETE STREET, STREET PAVEMENT ROW LENGTH ® COLLECTOR D 1 @ 31' B-B 60' 810 LF EXHIBIT D4 - COLLECTOR I'D" ROADWAY IMPROVEMENTS 0 HR! PELOTON VILLAGES OF TWO LAND SOLUTIONS 0 800 1800 111a w..m c sTa.. I r"iso.. 1.n i ss1111m HURRICANE CREEK 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: 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 property 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. Include 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 community channel. 10. The disclosure program shall be monitored by the Developer and Administrator. Exhibit F LANDOWNER AGREEMENT LANDOWNER AGREEMENT This LANDOWNER AGREEMENT (the "Agreement'), is entered into as of , among the City of Anna, Texas (the "City"), a home -rule municipality of the State of Texas (the "State"), and a Texas (the "Landowner'). 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 coterminous 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; (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 Property. Landowner consents to, agrees to, acknowledges 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 entirety 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 attorney's 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 attorney's fees as provided in the PID Act; (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 reassessments 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 Prepayment 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 further 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 Clerk 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; (ii) 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 in 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 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. H. 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 casement and license provided above shall continue until the construction of 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 Improvement 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 warrants to the City as follows: (i) 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 Landowners 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 to be owned by the City, as generally described on the current 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 1 I I N. Powell Parkway Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 And to: Attn: Bond Counsel McCall, Parkhurst & Horton, LLP 717 North Harwood, Suite 900 Dallas, TX 75201 To the Developer: CADG Hurricane Creek, LLC 1800 Valley View Lane, Suite 300 Farmers Branch, Texas 75234 With a copy to: Attn: Robert Miklos Miklos Cinclair, 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 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 Comity, 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 -current 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 full of the Assessment(s) against such Landowner's Parcel. [Signature pages to follow] [Signature Page Landowner Agreement] EXECUTED by the City and Landowner on the respective dates stated below. Date: STATE OF TEXAS COUNTY OF CITY OF ANNA, TEXAS By: City Manager LANDOWNER a Texas By: its manager This instrument was acknowledged before me on the _ day of , 2015, by in his capacity as Manager of , known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Manager of Notary Public, State of Texas My Commission Expires: LANDOWNER AGREEMENT - EXHIBIT A METES AND BOUNDS DESCRIPTION OF LANDOWNER'S PARCEL LANDOWNER AGREEMENT - EXHIBIT B SERVICE AND ASSESSMENT PLAN 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 "Landowners 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 known as the Villages of Hurricane Creek 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 Assessment Ordinance (as amended from time to time, the "Service and Assessment Plan"), and has levied the assessments (as amended from time to time, the "Assessments") on property in the District. 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 attorney's 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 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 annual 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, irregularities, 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. 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 Alma, 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, 1 I 1 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 Purchaser(s) 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. 1L7►11Z91W,f 11 a Texas its manager STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the _ day of 20, by in his capacity as Manager of known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Manager of Notary Public, State of Texas My Commission Expires: LANDOWNER AGREEMENT - EXHIBIT D HOMEBUYER EDUCATION PROGRAM As used in this Exhibit D, the recorded Notice of the Authorization and Establishment of the Villages of Hurricane Creek Public Improvement District and the Covenants, Conditions and Restrictions in Exhibit C of this Agreement are referred to as the "Recorded Notices." I. 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 I 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, if such Builder estimates monthly ownership costs for prospective homebuyers. Exhibit G NEIGHBORHOOD TRAILS PLAN 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. _LLB JL cl EL IX i 7 / I - I I PHASE 1 TRAIL PHASE 2 TRAIL PHASE 3 TRAIL PHASE 4 TRAIL li!II P E LOTO N 'I' LAND SOLUTIONS i WiSJWIH Yi.EL110R O0.31layIFRI6CO, i%]59I1a8&31Ytyq % • i Tom. •7�..• j fUNRE I I PIiCn�Y``/ •��•�\ 8' CONC TRAIL EXHIBIT G - NEIGHBORHOOD TRAILS PLAN VILLAGES OF HURRICANE CREEK a] Exhibit G-1 PUBLIC ACCESS TRAILS PLAN 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. < �TURPARKS \' -FL- ' J FUMRS PARM K 8' CONC TRAIL EXHIBIT G1 - PUBLIC TRAILS PLAN PELOTON VILLAGES OF I'ul `""° =°`UT1ON5 HURRICANE CREEK oms.rorw w. euron ay. srE un � rwuo, n rwn i aesn si ew Exhibit H-1 OVERSIZED AND OFFSITE SANITARY SEWER FACILITIES Exhibit H-2 [INTENTIONALLY OMITTED] Exhibit H-3 HURRICANE CREEK REGIONAL TRUNK SEWER IMPROVEMENTS IMMMMMWWTM FnVdLil 0 - (1,400 L.F. 33") (8,100 L.F. 30") ♦n�U''�m.. ,,NO Exhibit I PHASE I DEVELOPMENT PLAN PELOTON " LAND SOLUTIONS \Oc]SJONU N.4110Rp0.91E <frJI FlVSCp. ]Fi59]\I\9a]t}IEW EXHIBIT I - PHASE 1 DEVELOPMENT PLAN VILLAGES OF HURRICANE CREEK 0 o Soo 1600 GRAPHIC SCALE IN FEET Exhibit J [INTENTIONALLY OMITTED] Exhibit K PREVIOUS FACILITIES AGREEMENT ANNA 376 FACMITMA AGREEMENT IRIS FACILITIES AGRFEMENT (this -,A ,t j is Entered lute as of rite EfJeotivc Date exEreina under er thedeimla by and between the CITY[7F AIY'tii iA, TEXAS, a municipal corporation, Existing cinder the laws of the State of Texas (the " it % and VILLAGES pp HiIRRICANE CREEK, L.P., a Texas limited partnership, arul/ar its assigns (Collectively, "Develeper ). RECITALS! A- Developer desires to develop two tracts of land located within. the City and consisting of apPmximately 376 acres commonly lrnown as the l3radIeylWeavor tracts (coIIEetivalY: the lmuwn�as?the B adie� tr taz, ca;tsists 5�� 1 i4 acres described bme#as and bounds on Exlu> t B, Tha Pmperly's evEsiem tract cornmo sly known as the Weavcr txact, otsnsists of z62 acres described by metes aqd bounds on Exhibit C. Developer owns the Praparty. R Developer desires to develop the property to include an estimated 1,027 single family lots and six acres ofretail development (collectively, the "Deeyelogtn t ) C. On July 8, 2003, the City approved a preliminary plat of the Weaver tract (the " i NEORLMMPlat"), 4n Fe Vyeaver brttats l 1, 2003, the City approved a preliminary Prat of the Bradley tract (the "$radley PrElmiaa�v Pier" and together with the Weaver Pr4iPlat, :`i' el�tuinary Plats }. The Prentaittary Plats, as extended by the City on 7�&ry 0, 20N, U pursuant to late in ud of the City's subdivision ordinance, expire January 20, 2005. The 4.3 J>rciimittazy Plata include develupmEat rights that are consistent with the proposed Development, D. Development of the Property requires the construction of watet, sauitary scwrer, and road improvements shown. on Mxhtbit D and desofibe4 as follows (eolleetively, the "k0lic impmvamruts'); 0) a storage tank and associated eater lines (the " (ii) lift stations force mains and C Suter imnrovemts"}; gravity ling (rite �Wastewaier TxnprovemaALy }; (iii) a 30 foot wide right-of-way for a north cast connection and a south east-q*est coruiection to 1 constructed as zS Soot edgerta-edge sectious (rolleetively, the " onnee or Road 'I and a Hurricane Creek cotmeotion, extending from I'M ¢5S north 770 &near feet (collectively, the C'orteector Roads and the Hurricane Creek connection are the " Coad Improvements"1- and (iv) any off -site wastewater treatment plant construction and/or expansion required to serve the Dacrelopment, includiug, but not limited to, a Htwicane Creak or East Park permanent or package -plant wastewater treatment facility (a "New Wast�watr Paoilitl }. It is expressly undPrsEnod and agreed that the requirement Tor a 30-feot tight -of -way for construction of the Connector Roads is the width of right-of-way otnrently required for the Development and Platting of the Development, but that should any additional development of the Property co ur (including but not limited to commercial development) — which requires that platting (separate and apart &nm the platting for the DevElopruant) be submitted for the City's approval — the right-of-way and construction requirements for the Canneetor Roads under this Agreement shall yield to any additional requirements (including but not limited to any applicable requirements, regulations or ordinances that are in efiee at the time that a proposed preliminary plat for such y) that may require oxpansion of the additional development is submitted for approval by the Cit O] 360,0001r;76M4.01 S IN is right-ofvvay, additional cansttueti(In (including but not limited to road -widening, surfacing and edge requirements) in connection with the Connector Roads, or both. Tire City desires to constt uct the Public I,npravements_ If the City is unable to complete design and construction of the Public lrtrproventents on a schedule consistent with the Development scheduie, Developer is willing to cause such I ublic Improvemenuts to be constructed upon the condition that all costs in excess of Developer`s proportionate share paid or incurred by Developer end others for such Public Improvements are reimbursed from fees (or credits for fees) and taxes paid to the City in wnneeton ti&h the development o1 property beneflted by such Public Improvements, in accordance with fire terns of this Agreement. F. The Property does not include any major thomughfates or arterials shown on the City's Thoroughfare arterials vvi Pisa; a therefore, t Developer is not required to design or construct any tfioroughfares or arterials tivithin the Property. de Developer, and fire City desire to set forth their reapective obligations with respect to the development of the Property and design and construction of the Public lmproverneaats, including the obligation of L>evelaper to pay certain Pees for the Development's proportionate share of the Public "'PrOvements and the right of Developer and otfiers to be reimbursed for costs of providing the Public lmprovemctrts. H. Developer acknowledges that its obligations under this Agreement, including but not limited to the payment of fees and the dedication of property, are not exactions or concessions demanded by the City but rather are volunteered by Developer to ensure consistency, quality, and adequate infrastructure for the Development_ Developer also obligations under this 1oP acknowledges that its share of the Public eemeent 'with the exception of obligations beyond its Proportionate acknowledges l Develop ments, are for the benefit of the property,. Developer further g that all 1evelopment gees paid, dedications made or costs incurred by it in comrectiorr with this Agreement (with the exception of obligations beyond its proportionate share Of thePublic; lmpxovemrents) are roughly ProPartional both in nature and extent to the projected impact ofthe Development_ NOW, A eernont, rho Ci 3tt consideration of the promises and the rout mi covenants contained in this Agreeou nt, the City and Developer agree as follows: 1. 7lE VF L� Oman, S. The City agrees that the following water fees, wastewater fees, road fens and park fees (collectively, the "17eveln " j rapresent the Develo menrs the Public lmprovemcnts. Developer agrees to p v nrte share of sire cost e that the Public 1mPmvemeuts are constructed and available the City the he, Dovd0praent Fees to insure atlable to serve the Development. (a) Water eeg. 1'he tIY;YtPr �rc " for the Development shall be fisted at $1,000 per resident ial lot and the per ureter fee described on the attaelte3 5xluTfit E per iron -residential lot for the tall build out of all lots within the Development. Water Fees will be paid Of $500 per r.�identisl lot when the frrurl plat fin titor the subdivision is accorded; $S00 per residentialle amount 013669.0001066974.O t 5 lot when each residential building permit is issued; and the prescribed per mew fee described on the attached t trl 'flit E when each non residential building permit is issued. (b) Wastewater Fup8. Tbc " vast ,t e . tee&" for the Development shall bo fixed at $1,000 per residential lot and the ureter fee described on the attached Exhibit per non- n siden"al Iat for the full build out of all Iota within the Development. Wastewater .Fees will be paid in the amount of $SOO per residential lot when the trial plat for lira subdivision is recorded $500 per residential lot when each residers#ial building permit is issued; and the prescribed per meter fee described an tllc attached Fahibit E issued. when each non-residential building penult is (e) cad es. The "Raid Fees" For the Development shalt be fixed at $625 per lot for the full build out of all lots et lot when each residential the &vclopmcat. Road Fees will be paid in the amount of $625 ptial building permit i$ issued. (d) Talk s, No park fees shall be due and payable in connection with the Development In lieu of park fees, Developer shall dedicatepatlsland according to tine terms of 'ection 5 of this Agreement. (a) E_ scrow g�tnF. All Development Fees paid pursuant to the tern(tss of this Agreement shall be deposited into an escrow account (the "gKM a .) The Escraw Aoeona, shall ,a established by the f ity and shall be usod only to pay casts associated with tight of --way and easement acquisitions and design, construction, and inspection of the Pahllc Improvements, including interest and financial adtaini5ttation ousts incurred as axesuit of loans ' required to fiord the Public Improvements. ITpan written request of Developer, the City shalt submit to I}eveioper an accounting of all fimds paid from the Escrow Account, i7aeluding copies of invoices paid and checks issued in payment of such invoice& (1) Fee unutations. The obligation of Developer to pay the I)eveiopment .Fees as required by this Agreement shall constitute the sole and exclusive obligation, of Developer with respect to payment of the costs and expenses related to the design and construction of the public bgprovements. The City has the obligation to pay the amount by which the actual costs and expenses to design and construct the Public Improvements exceeds the Development Fees, The City agms that upon payment of the Development Fees, Developer shall have no fatrlter Obligations with respect to the costs or expenses of the public Improvements said that the Cityshall not condition the issuance of any development geroatts upon the payment by Develoof any additional amounts, The City farther agrees, that to the extent impact ffper xs or any ottser fa mrm Of capital recovery fees Or charges (apart from the Development Fees,) are assessed and Collected against the Development, the City shall' rebate to Developer such additional fees or charges. 2. F T EL (a) Dcvciopgr Qbif fia-zs. Developer will be responsible for all on -site water Improvements required to serve the Development Developer will have no additional obligations with respect to water improvements other than the payment Of the Water Fees described above. 01r669.e901( 6W4.e)5 Since Developer is constructing all on -site water improvements, the Laity will not charge water tap or impact fees associated with such water improvements, except those Water Fees described in this Agreement. Developer shall pay the City a water. meter installation fee of $2RR per Meer the time of issuance of buiIdirrg permit for the structure served by such meter. The City shall be; responsible for water meter installation. If the City fails to install a water meter wirhitt t R days frarn the data the meter installation fee is paid, Developer shall have the option of installing such meters and associated appurtenances, to be fmrrished by the City at cost plus City t761ieations. 'Ihe City agrees to provide potable water to serve the Development in an amount quality, and quantity to meet Texas Commission on Epvironmentat Quality ("TCEtl" and Texas Department of insurance standards. The City or water supplier to wbtoh the City assigns the tight to supply water will be responsible for such water supply to the Development as long as the Property is within the eity's certificate of convenience and necessity service arse In addition, the City will be responsible for construction of the Water ememm Improvis. Time City shall be& design and construction of the Water improvements afterL?eveloemeuests the City to issue a building permit for the 200th dwelling unit within time Development. The City shall complete eoustrnct'an of the Wang improvements before Developer requests the City to issue a certificate of occupancy for the 400th dwelling unit within the i)evelopmsnt. 3. SAM A l SL'trJLR `�'' (a) rleval0>acr OttioStfO S. Developer will be responsible for all on -site wastewater improvements required to sen'c the evelopment (other than the Wastewater Improvements). Developer will have no additional obligations with respect to wastewater improvements other than the payment of the Wastewater Fees described above. Since Developer is constructing all on -site wastewater jun ovoments (other than the Wastewater Irnprovenments), the City will not charge sanitary sever tap or wastewater impact fees, except the Wastewater Fees described in this Agreement, (b) QWQbligatians. {f} ter LiAes. The City shall allow Developer to utilize the Throokmotton sewer line and the existing oonnechon under U.S. 75 (a*.a, Cautral &-press from the Properly, through, both planned Throckmonon Crecy lift stations, to tits Slater Creak Wastewater TreatmeAF Facility (the "l'rcisfing Wastewater Facility"), In addition, the City will be responsible foz canstructiAg the Wastewater Improvements. The City shall begirt design and construction of the Wastewater Improvements after Developer requests the City to issue a building permit for the 450t6 dwelling unit within the Development. 'lhe City shall complete ronstrucGon of the Wastewater improvements before Developer requests the City to issue a certificate of occupancy for the 650th dwelling unit within the property. 01JG6MMI 7:166974.015 (iij 12esetvation of Wastewater T r tmezlt Ca at'",, The city agrees to construct or cause to be constructed additional permanent wastewater treatment capacity (the i6P• �. aaacity ) in the .Existing Wastewater Facility, which Additional Capacity Will be adetluate to serve 650 of the proposed 1,027 single-faznily lots included in the bevelopment. The City received a discharge permit from TC)?Q dated February 28, 2003, that includes the Additional Capacity. The City represents and warrants that funds ibr rite eegst=tioa of the Additionl Capacity are currently available and have been dedicated for such purpose The City bas awarded a conhaet for construction of the Additional Capacity, and expects eonsirtictio I of the Additional Capacity to be complete no later than March 31, 200d_ fhe Additional Capacity shall be reserved for the Development for a period ending 15 years after the effective date of this Agreement. (M) M !Mtrzserf Ca achy .Expansion. The City agrees to take actions necessary to secure additional capacity to sMV the remainder of the Development once the Existing Wastewater Facility reaches 600A of its perraitted capacity (as identified in its February 28, 2003, discbarge permit) or before Developer requests the City to issue a certificate Of occupancy for the 300th dwelling unit within the Development The City tray use Development Fees deposited into the Escrow Account to pay all costs and expenses .associated With a New Wastewater Facility discharge permit application. If the (Sty fails to apply to TCHQ for the necessary capacity, Developer may, at its option, crane application for a discharge pemuiL If Developer applies for a discharge permit, the City shall not oppose Developer's application. The City consents (and waives all rights to object) to Developer's discharge permit application. 4. IMADS• (a} evelopnr Obli_ afters. Developer will be responsible for all on -site road construction required by the Preliminary Plats to serve the Development (other tilznt the Road improvements), including the 27-foot edge -to - edge rolled curb sections required for local residential streets and the 37_foot bank to back roiled curb seetlons required for collector streets. Except as specifically identified in this Agreement, Developer shall insure that all on -site roads are eonstmcted in accordance lvith City stapdards and regulations. Developer vAll have no additional obligations with respect to road improvements other than those obligations referenced in this Section A and the payment of the load Fees described above. (b) Cziv bb i afio . Tbc City shatl include the Road Improvements in flue City's Tborcugbface Plan and Capital Improvements Plan- The City shah not condition the issuance of a building permit, certilcate of occupancy or any other development Permit on Developer's construction of the Connector Roads if Developer has, after using comrucrcially reasonable efforts to secure the needed :iglu-of�way, requested the City to use its power of -condemnation to obtain the right of way. e'-.3669. W pr L-766974.0 i5 M 51 XK-N- S A!t E. Developer will dedicate to the City that portion of the Property adjaecut to and including the Iske maintained by C011ln County Soil and Water Conservation District #535 and koox'rm as Site 45, East Fork Above T avon Watstsbed, Site 45, ,EFAL that is 11ftin the floodplain (the "parkland") upon the occurrence of the following events: (a) the City approves are or more park improvement plans for the Parkland, including a detailed list of proposed improvements, which shall. include 4 minimum of three soccer fields and four baseball fields, and a schedule for the construction of such improvements; (b) the City applies for and is aiwarded grant fwids for the Parkland improvements; aid (c) the City requests Developer to donut grant PfiLuds as e contribution towards grant matehing funds. Developer will Kaye n4 oonatttithe with respect to Off -site open space andlor parkland improvements other than the Parkland dedication{to described in the immediately preceding sentence. Prior to dedicating the Parkland to the City, Developer shall, (x) at Developer's emtpense, complete a detailed flood study; and. (y) at the City'$ expenses complete, Or cause to be completed a current an-the^grotmd survey the 79-U V,") of the Parkland prepared by Doug Connelly & Associates. Ifpon dslzsurviwy of the .Survey to the City and Developer, the legal description set forth in the Survey n d fill deemed he be the legal description, of the Parkland and this Agreement shall automatically d deemed to amended by such substitution. Developer reserves for itself and its successors and assigns Vie right to use the Parkland for Mating and agricultural purposes until such time as the City begins construction of the Parkland improvements. Sn addition, Developer 3 esenvac for itself and its successors and assigns a drainage easement over and across the Parkland far the benefit the of Development. These reservations shall he covensnts running with the land and shall he 9t of the in the Parkland dedication instrnment. 6. 12MI R- r` OMN flk' i"LTQLI9 A44iI+gQ VEh11 NTS. (31 reign and Cans on, Unless otherwise specified in this Agreement, the city shall design and construct all lrublic improvemems consistent with the City's subdivision Tcgulaftons and generally accepted engineering practices, If tbs city fails to design and construct the Public improvements on a schedule consistent with the Development schedule, then (i) upon Developer's written notice thereof to the city, the City,$ right to obtain draws from the Escrow= Account shall cease and terminate, (ir) the then remaining .{ands in the Escrow Accountshad be Immediately retuned to Developer (or the owner who paid the funds in question into the Escrow Account), and, (M) Developer shall have the right (in addition to its other rights and remedies), but not the obligation, to perform the City's obligatlom That it has so failed i perform on he}maI€ Of and for tho account of the City. if Developer elects to pursue its self-help remedy under clause OR) Of time immediately preceding sentence, titer the City shall pay to Developer under demand all amounts expended by Developer in performing such Obligations on bebalf of the City, together with interest thereon at the maximum non -usurious rate permitted by applicable law, fXOM the time such amounts are expended by Developer until Developer is reimbursed therefor by the City, provided that (x) the City has approved (which approval shall not be unreasonably withheld) the contractor for the project along with the plans and specifications; and (y) if required by state law, Developer flu complied with the competitive sealed bidding Procedure of Texas local Government Code Chapter 252. 013669,b W l i :7669 t4.e15 It is expressly understood and agreed that the C'ibj shall nave no right of control, supervision or direction over fEte design or construction of any Public Improvement -- once Developer undertakes to design or construct a Public Improvement — nor tits means, methods, sequences, procedures and techniques utilized to complete tiro public lmproverucnt. There shall be no joint control over any Public rmprovernent design or construction. Developer agrees io firily defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgtneat, Penalty or any other cost or expense, including, but not limited to, attorneys fees, arising or growing out of or associated with Developer. all Public Improvements designed or contracted by (b) Condemnation Developer agrees to use reasonable efforts to obtain all third - patty right-of-way, if any, required for file Public hnprovamenr at no cost to file City Or the Developer. rf Developer is unable to obtain third -party right-af--way required for the Connector Roads, the City agrees to secure such right -of --way (subject to city council authorization) throng$ the use of the Gity's power of condemnation.developer shall be responsible for an reasonable and direct costs and expenses paid or incurred by the City in the exercise of its condemttatian powers for tine Connector Roads and shall escrow with a fiord party the City's reasonable astimated costs and expenses as fronds are needed by the City Out in no event later that+. the date the City files a petition for condemnation with the appropriate County Court at Law) including, but not limited to, all attorney fees incurred by tine City in prosecuting, monitoring or otherwise participating iu the condemnation. Developer shall have the right but not the obligation, se manato ge, on behalf of like City, the expenditure of such escrowed fonds including, but not Iimited to, the selection and payment of attorneys and appraisers, caked that funds are not �. unreasonably withheld, Developer may select attomeys for condemnation if agreed to by lute City Attorney, provided however that in such event the City Attorney shall mortitar and by the all activities of Developer's selected artomey, The City Attomey's authority in this regard shall include, but not be limited to: approval of papers filed with any court in advance of #ruing; papproval of all strategic or procedural legal decisions made during any stage of the condett t rig; roceedings; ion review' of all documents, papers and information received by Developer's attorney relating to the condemnation proceedings; and attendance at Sill hearings, Proceedings or trials at Any Point in the condemnation Proceedings. The attorney fees charged by City Attorney for performance of work under this authority shall constitute attonavy fees incurred by the City in prosecuting, monitoring or otherwise participating it the condemnation as referenced above The City Attorney shall appear as an attorney of record an all papers {led with a court in Connection with ally condemnation Proceedings. The City will use all reasonable efforts to expedite such condemnation procedures so that the Camtectorltoads can be constructed as soar as possible. if the City's costs and expenses exceed the amount of escrowed fiords, Developer shall deposit additional founds within 30 days after written cotfce from the City. Any unused escrow funds will be refrmded to Developer with 30 days after any condemnation award becomes final and nonappcalable. Nothing in this _See on is intended to censbrvte a delegation of the police powers or governmental authority of the City (c) I+eitubrltscment o,nt, The City acknowledges and agrees that Developer, at Developer's option, [nay design and construct all or through cost sharing any portion of the Public Improvements agreements with participating developments provided the City has not initiated construction of such PI Mc Improvements, The City also acknowledges and agrees that Developer shall be entitled to be reirnhursed in accordance with this Agreement for certain costs at3660MQ[116W14.00 and expenses paid or incurred by Developer in connection with the Developer's design and construction of such Pttbiio improvements which shall be deemed to include, but not be limited to, costs and expenses paid or incurred for or in connection with (i) the negotiation and execution of this A.greenten> (ir) third Parly xigbt of way and right-of-way acquisition, (iii) design, (iv) engineering, (v) construction, (vi) construction management, (vi) legal expenses, (viii) all review and inspection fees paid to the City, (ix) all Development pees paid to the City pursuant #o this Agreement, and (x) all similar costs and expanses paid or incurred by Developer (collectively, the "Reimbursement &Bgilej, The Reimbursement Amotmt will be adjusted to reflect actual costs and expenses when the Public improvements have been cctraplewd, approved by the City Engineer or his agent and accepted by the City and when all eligible costs and expenses that are deemed by this Agmement to be included as part of the Reimbursement Amount have been finally determined. (d) Saurce of i?evofoner 17- ursan3ent. Developer is entitled to reimbursement of the fnally adjusted Reimbursement Amount, less an amount equal to the Development Fees, from tite following sources, but only to the extent needed for such teimbursemcm,, (i) first, in the farm of a credit to Developer for the $Stitt per lot Suter Peas and the $500 per lot Wastewater Fees due at the time of fiatal plat recordation; (ii) second, in the fern of a payment N Developer from fiords deposited in the Pscrow Account; (iii) third in the form of a payment to Developer for the $500 per tot Water Foes, $500 pea- lot Wastewater Fees, and $fi25 per lot Road Fees collected (or to be collected) from builders at the time building permits are issued;- and (iv) fourth, in the form of payments to developer from amounts collected from other owners, developers, or builders who, at any time in the #inure, directly or indirectly tap into or use the Publk Improvements, whether such payments take the form of pro rata payments, impact fees, or any other form of capital recovery payment. payments by the City to Developer shall be made within 30 days atlet the amounts have been collected by the City. Notwithstanding the foregoing, however, Developer is not entitled to be reimbursed in excess ofthe finally adjusted Reimbursement Anumut, less the Development Fees. To the extent the soured of raimbttrsement sot forth in clauses "W", `°(li)", `•Girl» and `&Y' above exceed the fatally QdJusted Reimbursement Amount, less the Development Fees, such excess shall be retained by the City for construction or pa}mteut of additional wastewater treatment capacity. 'r CONTSTXtUCT14N OF PXtCt. r T 3 41i'RCtVE kIEN 1$. Ifthe City desires to empiny an engineer and/or other qualified persons) to provide inspection of tite construction of on -site sanitary sewer lines, water lines, drainage facilities and public. roads situated within the Development (collectively, the `'I'roj_ect vements"), the City may do so. Ieveloper shalt pay to the City an inspection fee of three percent (3%) of total "hard costs" of construction of the Project improvements (specifiWlY excluding design acid engineering expenses and expenses related to obtaining easements or rights of way), Upon completion of the Project Improvements, Developer will certify to the City the total "hard costs" of all construction, Upon receipt of the certification called for herein and acceptance by the City of the Project Improvements, Developer shall pay the inspection fee and convey to the City Developer's right, title, and interest in all public projezt improvements, free and clear of any and all liens and mostelwy encumbrances, and the City shall take over and assume fnll responsibility for the operation and maintenance of the public Project Improvements. Developer et360-0Mr1:9 W4.ar5 agrees tc transfar any and all of its right, title, and interest in the public Project Improvements to the City at the time the City takes ova the operation and maintenance of such public Project irnprovetnents. It is expressly understood and agreed that the City shall have no right of control, supervision or direction over the design, or construction of the Project Improvements done or caused to be done by Developer, nor the means, methods, sequences, procedures and techniques utilized to complete the Project Improvements. Developer agrees to fully defend, indemnify and bold harmless the City from any claim, proceeding, cause of action, judgment, penalty or any other cost or expense, including, but not limited to, anomeys lees, arising or growing out of or associated with the Project Improvements. 8. FMCTFVL DATE. Notwithstanding anything to the contrary contained herein, this ggreemont shall be effective 'Duly upon the satisfaction of each of the following conditions: (a) the approval ofthis Agreement by the City Council of the City such that it is the binding and enforceable obligation of the City, and (b) the acquisition of the Property by Developer or its assignee larder the {.ontract. The date 4n which the fast of the foregoing conditions is satisfied is called the ".bffeettive,)ste", Developer shalt advise the City as to the date of acquisition of the Property by Developer or its assignee. 9. itELEA,5E. Upon the full and final satisfaction by the City and Developer of all their respective obii; ations and covenants render this Agreement; the City and Developer shall execute a release of this Agreetxtrmt {in recordable form] terminating this Agroment as to the portion of the Property in question and fully releasing the City and Developer, their successors raid assigns, frrnn any further obligations or covenants hereunder relating to the portion of the Property beutg released_ The release contemplated by this Seplien 9 shall, at Developer's request, be effective with respect t'D a specifte phase of the Development, as applicable, upon final satisfaction by tlra City and Developer oI'lheir respective obligations with respect to such phase of the Davelopznent. M SUC E A3VD t:1VS. The Public impmvernents both benefit and burden the Property slid all obligations and covenants Of Developer under this Agreement shall constitute covenants tunniag with the hard, and shall bind Developer and each succosaivb owner of all or any portion of the Property; Provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and 00 be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructo on the Property. Withot t limiting the generality of the foregoing: (a) Developer may assiga this Agreement to the party to whom Developer assigns its sights as purebaser under the Contract; and (b) Developer as well as any successor owner of all or a portion of tare property who is bound by this Agreement (Developer or any such successor owner is refeated to herein as the "Ownee') may assign this Agreement either in its entirety (if the assignee is fa oWM all of the Property) or in part (if the assignee is to own only a portion of the Property) and in such event Ot 3d69.OWI t:l&9ya.Of 5 (1) the 0%mer conveying sttoh portion of the Property shall be automatically released from the obligations of "Developer" as to all or a portion of the property (as applicable), and {li) the assignee to whoa/ this .Agreement is so assigned in whole or in part shall be deemed to have asstrmed the obligations of "Developer" as to the portion of the property which is owned by such assignee. in the event of any partial assignment of this Agreement, then notwithstanding anything to the contrary contained herein, the obligations of Developer under this Agceetnent shall he the several (and not the joint and several) obligations afeach such Developer. The terms and Diveloper Provisions of this Agreement shall otherwise bind and inure to the benefit of the City, and their -respective suoccsr,ors and ,assigns. Each person signing this Agreement AS represents .and warrants that M he/she has the authority to enter into this ement on behalf of (and to bind) the party on whose behalf such person is signing this AgreeAgrement, and tit} no further authoriaaiion or consent from anyoneelse is necessary to make this Agreement the binding Obligation of the party on whose behalf such person is sighing this Agreement. I C- t]11�F't�Fp uT14iliIVT. This Agreement embodies the entire Agreement between thepadiss hereto and cannot be varied or terminated except by the written agreement of the parties. The City acknowledges the terns of this agreement have been adopted pursuant to Texas LGenrmam! Code Section 380.dbl, if any provision ofthis Agreement is illegal, invalid, oeai ocad ovOveeable, then the remainder Of this Agreement shall not be affected and there shall be added as a part of this ar Agreement a provision as similar in terms to such illegal, Invalid, or unenforceable provision as may be possible and be legs], valid, and enforceable. l2. 99-T TE"AR3'S AND EXHIBITS. This Agreement may be executed in any number of wruaterparts, each of which shall be an original, but all of which together shall constitute Otte and the some instrument, Each exhibit refer=ed in this Agreement is attached hereto and incorporated herein by reference. Ui WITNESS WHEREOF, the City and Developer have executed this Agreement to be effective ofthe Effective Date. Vy"LACYES [)F HURMANE CREEK, L.Y., a Texas limited partnership i3y: 376 C, r a Texas t iisbili congr y Flame: bon W. oIl' Title: M%Wger CM MAitNA}'TEXU 10 013669.e00t 74697d,0ig N7eth Pclhar a e_ Mayvz Attachments Exhibit A. — Property 11111 ration ExbibitB W $radleyTract Exhibit C — Weaver Trmt Exhibit D _ Pnbiio jnVmvements Exhibit E Non Residetatial Water Fear .and Wesfewater Fees tt 01366413 W i 1 766W4.015 4 it E EXW3IT A EQ92 rtv illustration °w ar�� Dftibi, A —Page 1 11 013669.0DD11:766979.015 a CIIe `IACC4 tJEfiCRtPTdLdYiJ4..t S2gCRCSt?t',(•gNp 9NUATISFrhCOMC044tt1 Term drJha bS S Ro&W$p aVAkabastNa 751,1&e Tt>oaxvsRartan,Suvgy, AksUactNo i5� andthe^Iose,W; 9oyle5Yds�8y, A&slraar&Yx bengam%n wvfaattyae law arrasofrawVl S~ ira * aw 00 Naw§t enAm4kao +paad ft to CenlrelEzPy'ssaap/rM-bAt V"we~Nou.29 Im iswl*din v 4w,, A*w IfffOf* CvAdtCoanryfandRaaxds bsiR}idestsilreadytpel9saedL7taxh 6f'GINNnYGata fllbxli&antlk+keatdatti,�attersdc�aroftltar�ite� !Ga^ofGBtkrryRmdNo. 3S8s»dt&attblrYiRQ#!,�r�FarmRoddNa 45+, say rmnprn iav ffie rthem mntSariMN ltrnnat4�seidfAAf arret�ctarrd rho saaNtmlmn erafthe W. R. W4yawim.,somm TRACT NCt f, Raf V 4.v, r? �7�ara�iash THEtvGEa9thtaWVIke of4wd Ma9we ftt gamryW 6fe csai�e4sa]dCounyRhWA'a W &WmM #v autptaofs oM..Pn8aera tract asfNrbtas- A�//���rt/yyi AM?',/��'�9D/"irye�3dyt�a3,�,?�rf6��k/�otYrpa, ylaafjn�,t(x'tr�ff}o/tatrt�d,'(r wtvl W`W'�Y/•1.� awIllly wM1( (J/�y9{ uN•W ICiJ, ftVi +gwidtsatdif�stkita,ataN, i.95�9,Zfe�v'kraJl2Lzdtm�rrpirr `._,. ivtarld+amp•anEast•Westtarxx,xtdasaalhk�erariterafsal`o'19e's� a^tatracYtpxlayeac� �cx�rarars�tf�t%i3aaa baC{' TxENC,� 1+�, a sardi kne ctt'a� rsl� osm� bast and a ttaas Bne ofsadl .7aZ 8U9 sera tr, nM a �s 1 • Nord989 •Ar'8(i•Wasa,galela�yly�� r2a.A91�Ala �seY, t�a'r89`AD'R?•T#�sr, S7L28>�ttaaneais¢tinfencta,^ Alai* 87.38'$7`w#st•l ga1r2hxbf wph? eftnfeacea! JEE.76ten.1 anUgmaA,2tR'L�leetEoap7>rXatrhamart et�slsn�swaarwasrtxlrrerolsald f96.r�aaeAaua7dana+9�lmsrof saaf32?�lSarasba�. TNFNCEftr�r� FT�stl�ofaaFd f�a9acra6aq a��si.�reafsak! 3a2.Ba5acvatractaffilyjgraa estaLG�YramaandhsQgerowasfa.taws• Nark�o ae�e•►s�.�,r�alrztnat���nt�r.rz.2�� andcarl3rwi�7kra11, 2d4Q9i�1'toartarfa�- Afi4s*a"52'4r t$t,29193ketA�aaaftsr� Nadi r`11`,tNWeq, 4d9 f,+f�ftaaseY, rJanYr r 8'4p"l1e 98144feattaanattseL NM a".NO'rWasi, Aaa,2tsa toa rtzW Ionpo&W n tbscszterafac0ttroadatNrsna�aatcarurofesk! f3fagacrtraacL a naMlieastarmorafsa4f? 8a3actkaeL!n!hsMU&SVofihBJan 8hyp f 19ages, R4f V 24W P. t;14.1,• 7II,fNCB'Narttt89°it'i94.a<Jaigaeerr�,ywitharosalterolader ' `rat wrUtBtencxlYilmeofsA+d t51B.a9arxvrrae4aadWiBrthesoudt fora afsari fi9aataUaer roar. togtFtafatndkraNath,Soudi hvte�, at tho rcaat, tmtarslart axt�atsald raS09aVre sacG aasOWh&asraurterwssu 1i,9asg&actaltUdrd�ec sitlneAtdroJanS.AR&W8A Xm4%RerV, Exwbit a -Page t 0131.u9.( OU.-IW-14,015 tom, P. t89,• TNEWESovA LvaY0,5PWest,, M..1Bfeatwithaneav#400fsald lZa9amftaY,thaxmsffrnaofsaid85A45xmoarxtoan`tr> A;7fom7d 47 the eagter af&W dviroad a( * SOUAXMt c6><nWOhAld 86, 84Sazre had, alanaA�merofsafd fig&tD9agrafract• . 7NENGEtoo a9'S8't2°Easg wrttraawz6rmeof$ W tX,0,9 NY tti#.O,A 0llneofZO k468M5aWe#4ctandgerteradyxo&VCMtefof saktd fiwd, combVtoCcunoyRcadNo.368afapprnxttr�afay92Atbelarnt mntaWng wj',* & 5" stye ofsald amy Road in aA t 184, 36 A to an itonpin sathwe mv&Aq and saldsrtulhNhe. 2X"V7Msoudrsrfyfo fi2lm9sltan plus set as fdla 9' 6090 tMrEsst, 55.98f6dloa i/2fir #h-opplaswaf Are begfmkgofacarve to the #Atom wttl #v radVvs �nierJr`esSouAt88°532t"YY� 7AF.tifest, 7ftartca t7iUisald rxnsstaAk+ri�Ul, anarcofc'£t5.39feetarovnd a centretat�eof f6°489o"onatadlus af7Att o real,• S NO f5°Ax' 2 West t�16 faetl(?a f%1lr Il It7g7 5Et a f fhb' b Ofa GOtKe t0 A1atBll'ti'07r1WtY4}Y thEt'"pCt1t15C67itE( fie5SoiO74°f7wBw,, T ?At thence wrthsaMtcurtre�dSeleR, amatcof2A5.39fas1'atvund s oanlrat angle t; f is °48'4 f "on a radius of 1 AG! o fs a�; Soud1 i'A WWO MIAS eertea 1121net M phxsataf �--• rftebegfnnhy'o/acvtvetafhe,�ht{ronrutlma'rtt�3+ao7vs t�riterllosSovAr88°.i°�yatst 899.�9i� 77tencx ua�7safdcatwotolhetight anamofti�545feeramund t+ c�nb a! angle of 9 °3 t'9&"aa a redlirs of 63 t9' 99 feel; &LO8°25Yt9"West 39388fvwtoa if2.ctdifmnptnswe theWr4)9daA6Wloff*k#ftrxnWb5b 'l4addcanter liesSouthBi°3451'Eag 704M ft "awo mmsardrwn+otothe too, anarcoffFi.�feetaraund ,?&vftlatrgteo18°f923"anamd1aof7t 03feet 6rW o LQi''44-west 1F,3 aketoos 0j7chhwp*$O at theft hWWereWA°ektthemfhif Mo4etherao'tuS renter hbs North 89W'181 Wag 7AA. o te&• thence wditsa0 cvrne t0k$fol, anareof53t�8i faetamund a r�nbaosr{gle of•49"25�n9"onars�vsvfPrXl.Ffse1,• &x,M 3INV hest,24i,38feeftoatf�^rltctisonpmsHtat tfO L�jrwhWOlBC"10 #V tghltfnm wha Ate radhtS tevtfettl&Aforda48'28Z3 Wa&7AA.Afeef. 7ltenr�+cilhsaid'cvrvatothet� an�tcoff89.73�eetaround a tx�rfiaiangle of i5'3itfi9°'oti a radrlisof7AJofeet SouTh59�T3�S"i�rest i29,33thsttoal/�"itw�5/ronpmsstaf lfmbeglorAreofaa m10hro/effhmjwmAteradhssjw"tar hesSrwlhwwLv"East, W,ofaet Exhibit A —Fasez 013669.00 1066R OIS Amp southenytvflhsaidavtveto&elot anareofMafest, arounda Centralangie of24°t71 "on aradiUs of5M370faei W?ha chord of2i18.0TteetsvhictBeatssoulh1t°a"124-Mtfoa112htOh wfartsetaf the P. T, ofse0cutm South0W't0"East,.54USketfoo11Ptndt wphuW1o8tssouth lute ofsefd mayacm tractartdk ffis mdhR.O..W be ofwldFam Awd Ah 455 MEMCEmostecy tnftlrsaldsnudtlinasndsa&lMl t R.0,W &M as follow. Sou6-9°13'S0*4es,, 251.89fed toa 112 4wtt!=Afound -%vlh8$°40'50°West 1360feettahhePL, CEOFBEGIAMVG, and srngmag 114.252Ams aftand. CERMFICrtTJM t hereby cerhlythal f rtrxte tltfssutseywa fhegmundon titi%s f6, 2Alt2on dta it�tt �tt�t,nlrer�s andset aamersdakesas ret7ected ort the plat and that on(y vf�ate fmprovementy on tYta+ around are es sha wtt on the suNe}! famyktmts6*,, thareOle noenoroacltments, 0W#, h7goflfrtpnwments ofOoflosallowfasshotrnontha-%payplat Nratfhesimyisgtratarttzd to&txtmpletertess. FLOUOt3CERMICARO1t rre to Fbadlnsurance h'atshdap f. 4mm7so, awsa ttan. 1g, tm4 a Palm of & prupertyptattsdhereartlreswtfm dte ywypBr&"dp18m as shown, w the plotbalam. Oftc1r'trnalL'mtraltm. W 655, 448 CGL.R, ExWbft B — Pap 3 013669.0017 T6W4,01$ B)MMIT c WeaverTra t Pfk1YM alumni n T"a 1 4EWo v 3ai.4f owe toot .1 ,&1 In 1N. 41t Nlemld 5wvy� kOSA4d 161 ;09. 1tN Ib••fd• 2.iV SLrvf(. AJNd.vOF !b. TaS. .ad o Jake a pow n S+er✓lY - A6ona1 od, 1fT, OR fn ra7pn Owah U. W4 W" a ma 44 a Mere W'm Dery it..'+ 4pafyf ad t0 kwK POnn.nc nwrds4 f4 VO "4m Fvy1 IfORii' and 1fae0rOf, Cmlln fbuny. Taea. iod t b•A'tame >rpfforidi/ 4sTflm.d a1 rfIJ4:t 1W1A1t)ICiiM N Is a!a L`o0 t6i t4d of toe OOer1.r 10 As NW% lmo tl fill. 40 a archon efdfl Agbt-DN-M'w M dM Inset m W kbd-4i � Nwd Net ,all (YWOaI'M Ravdi. xid Pe.'M LrbO 3hr SaIMWt tlemw• a *w 3w.= Mn Yda4.r aas4, . 73M7+i a,d Baas. G� Ck,* A om y+w lu e.rdnd pyJptw+r/ ui door vbwrt. r.m.d.d a ivwcr NeHb oo 4.ar4as a3 mbw"o 31 sssoklo Yfm, tkv fim Writ Aka a roof IVfg9 van fives eod a.•10 ifn for Ippos e a f4'Ii4 OF mM 41 the , 4" Y�jry 4 e6MNO of WRAO iwI t4 a 3/a tub Mx off Al mb OW. aso a so muwl.d 23 musts, 'wild 4 a*. 4f 2007A2 lost Is 6/4 bd. km. eta Now out, rosy, Iswahx Volurnr 49 da4( S DcA +1 bmedi, 0ep ' �.ntr �YMa Mn Emf 1hN a v hod +Q'w[914 to aakMt P.rfPglr rWNM a r Of�04 a.ka,' 2ucmmwPot Mb a amd Woy.r tust ma m for, At a 40h.Sr„2I }9-111 0 vf P4•4 MrA For aarM M aye dbtlF.vM eonMc or HW mlwa. V444 THINCt PmA 42 doyna M tde.da 14 o.wad, [Ma. oleog 1hs Marl, ktp a o of Cdofiff Mitt D dhMay. a 8Napf At re d floe pwt fo u tar aermr D,, 0'. Cmf ones of a wiw oWn w Ib JA., gglyd emMdod U Vawa1 N3. P.O. 127, awi "No. -As. 0e 1voa , Ton' MMONA Ob* # dWs#k 33 AOW W 44 sseved. i . Wrp des Idd NM 4f ANt 3.l A"" Ir*4 4 oAdaaeo of StagAP iyar�far VN IoNh kaa Ad oat wo Tso.vrlrye.& mP romW (WA ke7f0r aamrt or M. Nm*404 a yr Ahw No. iv� 4? v y� .�!p Ie Aoa'pi. ab=pit d NIo yr yf Aq.kai NvoSuetao4r cv mMpav of 3H.Id l IM 1 . d alaa dtl I Is. i7 id tah a Nh4a�kFMtY A �.baaw�A9y�4i d+ytf.r 460 'T m��d�i. %�.Rmld. o9Mf +vW v.. a veld (Not rrom rfitah 0aV IOW v .Bs}moe or CD.T fsrll 1iQit. ",E WNb 0i d.orwa ab WAWIW It xbkUll Mir -IaaP M LaeF Pew H vWd kdi✓r trod oast y.wafy alyy a f4AC, a i laow s} JAag31 1aN J. o woes trc .o+aM 41 adddY m IkNIft . cash. M9 �ayq a 33 kwh v2r» bay a 10. sV# a 1hP kook tams y.ali >'D g'A=,ti 31 uwNr coos 4 WNv�.w a f3,3 {r4 voW p��� ar �.r0i� mnv a a0M fdAi.1 1fYdt eM ts010 dw Wfar a DOM DW.6Ps am, traN 4M�'Af Gt%d4� r a� p„a1.ye VKV�wormoN 10 A" so" 1111.E nev..kv1 a Ymim4 24m, F4Pe 301 mm "" iib. E G' \-.. 1 olm N48r as dgld.. 38 rrdebn 93 aa..A, rdk. oktt§ th. Wm w4f a um Affar a1415 a.ot f ef, a di k. of 4dk15 fM b v 514 Nob APa fwt dot on rP•W PHI& ov Aw'"d (or% 1pw) l.r wman AIDW Math as d.y.a. JS adm.l. # soot" toA *Wd th# Month A" of rod Nmf 31Aa s.m irDei o dklaow. of 74zaa N ss a 3/a Y.mh No. gad ad afa+ YaaOP 01Odb gmna d {aSA, roe-i 4u Oomlr a ih. 'Swdbas.f m us M sim4f0µ57.OP von Aaa vad karma Nos sagksae aOmM of a r e Mi. mM.W to J now = kfl&r A&nIod 14 Yofonso IOatli gaps 301 oM Yaado 33i. Iby. ism Co" P.cw,M.LavaM. Totvc sAd Pchlt P !r tM adddlF 67 v ifYd THOM rob W." IN. So.Oh rh...1 Dab' mmsf 11a Dora *00 ad ymwd* ebnD IN. wMak of D 41W Mott Of i{ekmm a 1745.17 bat W o 0/0 bi¢k NON -Was 411b Yprk "No "0 dNmP14 (WA, 4y)W aml,w a ys. NW1 ~ oo.a.f or seid Sae wa von boNi and be's Ma li.M.Yss1 am.r of sad d.41mf t4lo.n wf/ its jmv vWunP Ik OmW two nee" -wv 3.. Aaf Poo of soil 0Wdro1 ask.`v4l/ INS MI Y.M. 0&04 etio bast and vk v a hOw a led~. .hoar M dollom as NA41A 43 Idaa fmf a IRIONI a er 40P.24 fold b O add 44 found rar pens' °rmlh Of IAyr.p 35 .stoma 4o 4swnd. ?.A a 4wdfi. a Md }n.t to a Pod o tl roved rw t.flMl9 Sa4M al lobo W 11 mlAt4fd orit sa4.nm f" a *wk . of 4MAU lost 10 v Mod pal fowbi for caitl.fl 00 no". PS mMldm 44 .d M. fast a "Aviv s vl Inns lam N a Md 4ek rewM w M q S.a01 tw 44 fear[' 45 4ri4ePn EAM�Pssww of a m.tAoo ♦d t71.0a ism D 1/2 bN. Is.n raj 1-0 1. 41Hpf m a f W,L� n1 2m moN to�lmeo,B M o e dbiv e[ 2{4.# rai b o POW 10 mnmm. V441.190 dafo� 3a attputs 0o gkOOdo P+as, dkrg Ado WsAtrtb *-M op of saYd GMd VNW m y/ 111 4.Ai 4 OWN. .1 MUV 1.1 Is e W4 ndl feoM fx vbw b y tows Ihas YAh-- Takao ow+1rmt, as dw o W Mal t st NONot b t M Arrest' Iles of amd ofrfiel Fyy4wsyp/ 196 bNi 'sand for Omra+: a0iab i oP W, host, 4 9444� or T 8 m 1 AWa t av 1 /9 knom Oft ftd 90014 foTR+pMMIrol4 f , "h J.bl Ifr-Ws a ot. NOVA W ap4ft to of 1t9 it rog Is a m OWN ok �'fa of wm ml iapresswal! 1a6 .Yhd VNAd,. a0 aro fta OW4hh hs - SO. 3 0 Is t lOMO fiot Oi bk Cenfrai / INS . v"PVCr try a tend 4Aloaar ° •� f H Df itANWNa Oast feamarq 11 rM.T$ Egon fAI Or 20AT Exbjbit C - page ! 0136W. WOlh?i549P3.b1S Exhibit L [INTENTIONALLY OMITTED] Exhibit M WATER FACILITIES 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. 12' WATER LINE EXISTING 1Y WATER LINE lull PELOTON I LAND SOLUTIONS �WJSJgWW ELLiOROi.6tEMGIfNSCp, i%15Wi1K93�SiWJ 75 E 3 LINE R LINE EFF EXISTING 16' WATER LINE BV THE CITY OF ANNA ■ LINE BIVTTHE CITY OF ANNA 1 PROPOSED OFFSITE l_1.IJ1I�J 12' WATER LINE it FM 455 WATER EXHIBIT M - WATER FACILITIES VILLAGES OF HURRICANE CREEK 0 600 1600 GRAPHIC Exhibit N PUBLIC SAFETY FACILITIES ♦� �► ������� �No t LN #1 LN #2 LN #3 LN #4 51.03' 248.98' 439.1 V 199.32' N68°4T 09"E S23°45'11"E N86°59'15"W N37°44'14'W 55 CV #1 CV #2 CV 93 CV #4 R=925.00' R=300.00' R=300.00' R=2340.00' A=287.89 A =55.44 =54.85 A =68.69 D=17° 4V 66" D=10' 35' 15" D=10° 28' 35" D=01 ° 40' 55" CB=N 77' 35' 28" E CB=N 73' 58' OF E CB=N 74° 01' 27" E CB=S 22° 54' 43" E CD=286.73 CD=55.36 CD=54.78 CD=68.69 EXHIBIT N - FIRE STATION o PELOTON VILLAGES OF N I LAND SOLUTIONS HURRICANE CREEK 75 Exhibit O PARKLAND SITES LN 41 LN #2 LN #3 LN #4 1647,75' 101.38' 593.29' 615.11, N00°44'12"E N55°37.16"E N88°22'22"E S00°09'05"W LN 115 LN 46 LN 47 LN 48 CV #1 130.25' 195,92' 558.48' 891.47' R=2925.00' S 56° 41' 16" E N 82° 22' 13" E S 15" 59' 05" W N 90° 00' 00" W i� =526.92 D=10° 19' 17" CB=S 05° 00' 34" E CD=526.21 PELOTON I ' LAND SOLUTIONS feB]SMPNIV EIA�On qy STE mJI PPILfA,n]......... s.. LN #1 LN #2 367.30' 492.78' 00' 15' 27" E N 90° 00' 00" E LN #5 735.67' 89° 44' 33" W LN 43 LN #4 264.17' 262,94' S 65` 56' 53" E S 00° 00' 00" W EXHIBIT O - PARKLAND SITES VILLAGES OF HURRICANE CREEK 1 111� 11111, 91 rl CL a k w 2 a N � E � I �J $ � k ■ a *0 . _ mA 2 0 R © ° E � J 2 E # q / r J 0 o 2 2 a.� B o ° §3 % § 0) ) CL . k to , § / / _2 > � e V § e § § e 2 § § $ a 0 V U U / \ 0 E e -j x C "CO\ \ c 0 . E C N w c d d _ G) _ H i d U E R W d V a ~ R Z q{ V x co E K a = G tt! C O « u O w t0 G jc Cd G O Q V a N ONO 0 0 N O V Q N O N N N W V O r O N I O N o r N N 01 rq 0 m N N N N di M N N O Q Qhcov fR W ?=� (NO O M� NO O O O (NOM O @ N N a O Q d m N O NO V �e-e- n Q y EL r O 00000 d0' W (00�0 0 � SON mmO o00 ocO� p 0 o�N.-on H roN o0o d a O}} N N N F CO h � Q= 0 m V r h O r M � N o 0= o d 0° M N }d d N C O n� V N a a m �NMM UM MmmN 1 m•N pp � O m � N � @ ti _ y C Z v 6 G N d d t0 d Vl N Qj O m = C E TAN d d d m d d m 706 O@ O T@ @ d N N k m E O� d a o s o x�a �m� dread `a cN i `o> d '� `d mo m m y Q t- o E r r c p, d o m ;4 p p GTo wmoca m�'�`='o=o h"a >�mm E� a ODU D O FO-m QQO Q E.912 LL 11. -@iU 0 dU h Z F Z N m coo4n00 0000 o � W 0 � t, 4a w us df J La ~ — E 4) � m N O W~ S r N� 64 tq N 6& O O O O O O O O o a d7 N O LO N Vi fA V} fR d J N o �d Q m r Cl) N In. In IV SI E0>mvoon 0)0 ~ w J � 69 yn0mcoo 000v N � 0. (adJ d} a)= n J > an- N co Omd r N m co do rl n ('I � F w n -e n 0 Int Ot o m r 4 co w ~ J fA H9 d3 i9 fH f9co Y n' d a to O 4o O M N O n O C M W td C C c �rCmn a: E LLI E Z y O h N co U C N� E��� eNv w d= x° eC = a; �woino NOn�o c c c c � L tN wl EZ>wf,nww = Q = 0 w J 0 a 3 o n n n n n N N N N N n n n N N drd 0 a N N (� E> a r r r r r N N N N N r r r N N N to ai i, i+ r d7 ca EH i9 us 6% fA 6g 69. U � uj oMmnn uoi000 UI mID r ed N N > R ad. V' N d0 Q df M > G. C O LO v di 1° N 3 R m t00 00° r C c r > mI AIM lml I j d7 0 a c J E S� N C ad+ .di m'm U a a o 0 +d{ .d.. fV0' L L ym ? O O o o o o 0-d U O Roobo c - m d d ns Unodm n.tn 4) 0 ¢ Q Q 0 O E� a a a Q ad w Y _ 3 o a t 0 m m o w Q e — 3: 3: .. Z r N O y r w r C N v 0�1 O M G 0 E N w m N N C Q _ U � H a N E c ¢ o z a H N O x y c W E z Z w ' w -�_. �C N c c_ - ~ ~ c o ow 2 Q U U lo- > CO R c E � N qU d Y_ N a y m y a x 3 4YUwao�mAd�_ut:' ¢'❑�NWxw-_ UUoo JFwaoZQwxaWNyyH w o > O U m Z ry m W W N WIW W W N m b W W W N r N W N W [F 44 W V M1 W W N tC NIW • M M W W W W W W W W W W W W W W W W W W W W W W W W W W W N a x. c d o 0 o c d eo 0 0 0 o d d o 0 0 o d o d o o d o d o c oio m � c O N I v N V P m I N V N N W N n N LC� 00 Z y i. CNl Omf OMi CW1� iW9 m M1 O0 0 0 W N W W� mro m m m ro� Omi b OWf Oi O e- a- OiiN m W m m m mIro � aao � m EMD {9IN M1 h r N m w m m m Opi M YWi O O W 0 W m � m m v amo In j O O Y Nm M m V W m tt> W M m N m W W W M m W Q7 1[J O m Q M1 N o 0O mW WW NN VN' mn nV' WM LoO 6 A Nm MmM� n M O O O N M m m n m 6> O C K J N E W Y O O O InO LLJ O N O O O m N Oi0 O m O VJ m m O O N O Y'J m O m L C � N {+J (+J (•J m W O N O O N Q7 m n m 1 Yf ,t W N r O N N M OI V' V' N N O N m N y: r m N N N .- a c m' , , . , , . W O Q U J .0 N LL 4) C U yr i p t0 m _ 0 N1 'i mJ d C W °� o 0 0 oIo 0 i d 'z 0 0 0 N N Cl! m N M W M1 O< 0 0 0 0 oio 0 0 0 0 Cl! a- �- N V V O e} �- o a o 0 0 M 0 0 0 0 0 v io m c y o co mIm m m m v co n n r n r n r m m m m mlm m m m m n r n r r r r r r r m m � m r n n n r n n r n m m n n n r n� ro n m -W0 0 N qO NIm 9M 0m NC im 10mI " M ? 0 m r:W � N NN N N N N N M MIM M M M M M M V K sf C el st .{iy j'y i' N N N N NIN N N N N N N N N N N N N N N N N N N N N N N N NiN i F@ o 0 0 0 0 0 0 0 0 oIo 0 0 0 oio 0 0 0 0 0 0 0 o Yu o oo 0 0l� 0 0 n Cp �' O C C C V C <N m K y O O W N N W YJ �Qfl N N N 1l! tD N N H N 1h W YQI 1QC� N NI111 C N N IQ[) O a x c o o d c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m � ~ W to 2 = n e m Z y p E o o m a c m < m m a m w W W c WIM W� W c P < N� j M a ttz t, Co O C0y O QtiMN Cx1 J W a N V1 N N 0 (1. p_ J 2 M W N � N esa C � d m N U yy W U CD M O O N p r n 'O p2j V C Ol � — m a m �1 at W m W W N N W W CWD. N CyWyJ N O O V R P V V V< R O CO O O O CO O CO O CD CD 0 0 0 0 O N O O O N h r O N` O N CO O CD a N O N O p r O O n M W n � CrnD CnD COO (NO CMO !O COD N Q5 H N V R 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 0 0 o p N Q W O M P M O Cn led O•pmui CDMNr rn rnCnmmmrnrnrnrn 0 0 0 0 o p o o p o r n n n n r n r v v v< v v v v 0 0 0 0 0 0 0 0 W cciM W r RW. F. M N M, N O O N< C O O O O O O O O O C «vz�e O'NMVNWnWIAC t0 N N N N W W N N f( N N O N O O W O O tf fz h O ad C V C' M M th N N� ad� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 n) O O N O CA N O N d) M N tD W m N N N a- r n n n n n n n n r r n r P.P-•P- v.r.t'avvvvov�ev 0 0 0 0 0 0 C 0 0 0 O O •-a- <N N e-«N Nam- `-a- � W Ql 0 N M P N tp a m m o N M Q N W n W rn O N M P N W N N N N N N N N N N M t+J M M M M M M M M Q P P P P P Q H d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 Cn y N N N N N N N N N N M M M M M M M M M M P Q P Q P P Filed and Reemrleil Official Public Records Stacey Kemp, Couaty Clerk p Couin County, TEXAS _. 10/02/2018 08:14:d3 AM $458.00 DFOSfER 2018100200123020