HomeMy WebLinkAboutRes 2021-01-854 Roadway and Water Impact Fee Avery Pointe CommercialCITY OF ANNA, TEXAS
RESOLUTION NO. oloa ( ewn11 aSL
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A ROADWAY AND WATER IMPACT FEE
REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND
ANNA 455 COMMERCIAL, LP, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT
"A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Anna 455 Commercial, LP is seeking to construct public infrastructure related to
commercial property along FM 455 (White Street); and
WHEREAS, as a key component of the development of the commercial property it is necessary
to make improvements to Ferguson Street and the Anna waterworks system; and;
WHEREAS, the widening and construction of Ferguson Street is shown on the City of Anna
Master Thoroughfare Plan and the City of Anna Impact Fee Study; and
WHEREAS, Main Waterline along Ferguson Street north of FM 455 is shown on the City of
Anna Water System Master Plan and Water System Impact Fee Study; and
WHEREAS, improvements to Ferguson Street and the waterworks system are eligible for
impact fee reimbursement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby authorizes the City manager to execute the roadway and waterworks
system impact fee agreement as shown in Exhibit "A" attached hereto.
Section 3. Approval of Resolution.
This Resolution shall be effective immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of
January, 2021.
ATTESTED: APPROVED:
az
Carrie L. Land, City Secretary NaW
RES. 4gS� ...••pGE\�4�OF
- r�. EX`N
ike, Mayor
SUBDIVISION IMPROVEMENT AGREEMENT
AVERY POINTE COMMERCIAL
This Subdivision ImprovementAgreement (fihis "Agreement") is entered into this 12th day
of January, 2021, between the City of Anna, Texas (the "C�") and ANNA 455
COMMERCIAL, LP, a Texas limited partnership ("Owner").
WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement
as the "Parties," or, each individually, as "P_ ariy"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the
subject matter specifically set forth herein and that #his Agreement, and shall supersede
any previous agreement between the Parties and City Regulations only to the extent that
any such agreements or City Regulations directly conflict with the terms of this
Agreement; and
WHEREAS, Owner owns or owned and desires to develop a parcel or parcels of real
property (the "Property") in Coliin County, Texas, which is composed of approximately
18.5 acres of land located entirely within the corporate limits of the City of Anna and is
more particularly described in the attached Exhibit A; and,
WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement
are primarily for the benefit of the Property; and,
WHEREAS, Owner understands and acknowledges that acceptance of this Agreement
is not an exaction or a concession demanded by the City but rather is an undertaking of
Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that
will benefit Owner's development of the Property;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
SECTION '1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe
the Parties' intent under this Agreement and said recitals constitute representations by
Owner and the City.
SEGTION 2 DEFINITIONS
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager with respect to this Agreement if the
designation is in writing and signed by the current ar acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, uniform
codes, and other policies duly adopted by the City.
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 9
Development means the development on the Property that is the subject of this
Agreement.
Final Roadway Construction Cost, with respect to the Roadway Facilities, means
$425,144 set forth in the attached Exhibit D actually paid for the engineering, design, and
construction of the Roadway Facilities at the time of full and final completion, dedication
and acceptance the Roadway Facilities.
Final Water Construction Cast, with respect to the Water Facilities, means $'149,255 set
forth in the attached Exhibit D actually paid for the engineering, design, and construction
of the Water Facilities at the time of full and final completion, dedication and acceptance
the Water Facilities.
Final Roadway Reimbursement Amount, with respect to the Roadway Facilities, means
a dollar amount equal to the Roadway Construction Cost,
Final Water Reimbursement Amount, with respect to the Water Facilities, means a dollar
amount equal to the Water Construction Cost.
Roadway Facilities mean the Ferguson Parkway Roadway Improvements constructed by
Owner as described and depicted in Exhibit B, attached hereto, and in accordance with
design/construction plans approved by the City.
Water Facilities mean the Water Improvements to be constructed by Owner as described
and depicted in Exhibit C, attached hereto, and in accordance with design/construction
plans approved by the City.
SECTION 3 GENERAL PROVISIONS.
(a) Documentation of Actual Amount Paid. Owner has fully completed the Roadway
Facties Cl" the Water Facilities, and the City has accepted such Roadway Facilities
and Water Facilities. Owner shall provide the City Manager with documentation
reasonably acceptable to the City Manager evidencing the actual amount paid for
said Roadway Facilities and Water Facilities.
(b) Maintenance Bond. For each construction contract for any part of the Roadway
Facilities and Water Facilities, Owner or Owner's contractor executed a Maintenance
Bond in accordance with applicable City Regulations that guarantee the costs of any
repairs which may become necessary to any part of the construction work performed
in connection with the Roadway Facilities and Water Facilities, arising from defective
workmanship or materials used therein, for a full period of two (2) years from the date
of final acceptance of the Roadway Facilities and Water Facilities constructed under
such contract.
(c) Public Improvements, Generally. Except as otherwise expressly provided for in this
Agreement, Owner has provided all public improvements, including streets, water,
sewer, drainage, sidewalks, trails, street lighting, street signage, and all other public
improvements required by City Regulations to serve the Property, at no cost to the
City except as provided herein, in accordance with City Regulations, and as approved
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 2
by the City's engineer or his or her agent. Owner has caused the installation of such
improvements within all applicable time frames in accordance with the City
Regulations unless otherwise approved herein. Owner has provided engineering
studies, plan/profile sheets, and other construction documents at the time of platting
as required by City Regulations. Such plans have been approved by the City's
engineer or his or her agent prior to filing of a Final Plat. Construction of such
improvements was not initiated until a pre -construction conference was held
regarding the proposed construction and City issued a written notice to proceed.
(d) Owner's Remedy. Owner's sole remedy for nonperformance of this Agreement by the
City shall be to seek specific performance pursuant to the terms of this Agreement.
{e) Approval of Plats/Plans. Approval by the Ci#y, the City's engineer or other City
employee or representative, of any plans, designs or specifications submitted by
Owner 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 Owner, 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 Owner's engineer, his 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.
(f) Insurance. Owner or its contractors) shall acquire and maintain, during the period of
time when any of the Roadway Facilities and Water Facilities are under construction
(and until the full and final completion of the Roadway Facilities and Water Facilities
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 Roadway Facilities and Water Facilities construction
contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise.
Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued
by a carrier which is rated "A4' or better by A.M. Best's Key Rating Guide and
licensed to do business in the State of Texas; and (ii) name the City as an additional
insured and contain a waiver of subrogation endorsement in favor of the City. Upon
the execution of Public Improvement construction contracts, Owner 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.
(g) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO
INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL � Page 3
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION,
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES,
EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER
CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF ITS AGENTS, SERVANTS,
CONTRACTORS, SUBCONTRACTORS, MATERIALMEN OR EMPLOYEES IN
CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF
THE ROADWAY FACILITIES AND WATER FACILITIES AND ALL RELATED
ACTIVITIES INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY
PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS
AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR
CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF
ANY OF THE ROADWAY FACILITIES AND WATER FACILITIES THAT ARE 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 BETWEEN THE CITY AND OWNER, OWNER FURTHER
COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON
CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT
SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM
THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS
AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH
THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE
PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY
TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO
THE PROPERTY, NOTWITHSTANDING THIS PROVISION OR ANY OTHER
PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO
INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN
NEGLIGENCE OR GROSS NEGLIGENCE.
SECTION 4 ROADWAY FACILITIES
(a) Owner's Roadway Obligations.
(1) Owner is responsible for funding and construction of all public improvements
required by City Regulations to serve the Property, including but not limited to the
Roadway Facilities.
(2) Owner agrees to complete in a good and workmanlike manner construction of
the Roadway Facilities located adjacent to a portion of the Property being
developed, prior to the date a final plat for that portion of the Property being
developed is officially recorded in the Land Recordings with the Collin County
Clerk's Office.
5UBbIVISION IMPROVEMENT AGREEMENT, AVERY POINTS COMMERCIAL -Page 4
(b) City Roadway Obligations.
(1) The Final Roadway Reimbursement Amount shall be paid to Owner from
roadway impact fees paid to the City from the Development of the Property. The
roadway impact fee reimbursement for the construction of the Roadway Facilities
shall be paid to the Owner from fees received by the City at the time of issuance
of building permits for any portion of the Property, and such reimbursement shall
be made until the roadway impact fee reimbursements authorized by this
Agreement has been met.
(2) Notwithstanding Section 4(b)(1) above, or any other provision of this Agreement,
the roadway impact fee reimbursement for construction of the Roadway Facilities
shall not exceed the total amount of roadway impact fees due from Development
of the Property.
(3) Notwithstanding Section 4tb)!1) above, or any other provision of this Agreement,
the obligation of the City for payment of the roadway impact fee reimbursement
authorized by this Agreement shall expire on September 30 in the tenth (10th)
year following the date the Roadway Facilities are complete and formally
accepted by the City.
(4) The City shall have the right to retain roadway impact fees due from the
Development of the Property after the reimbursement authorized by this
Agreement has been satisfied or after the reimbursement expires, whichever
occurs first.
SECTION 5 WATER FACILITIES
(a) Owner's Water Obligations.
(1) Owner is responsible for funding and construction of all public improvements
required by City Regulations to serve the Property, including but not limited to the
Water Facilities.
(2) Owner agree to complete in on good and workmanlike manner construction of the
Water Facilities prior to the date a final plat for any portion of the Property is
officially recorded in the Land Recordings with the Collin County Clerk's Office.
Obligations.
(b) City Water
ions.
(1) The Final Water Reimbursement Amount shall be paid to Owner from water
impacfi fees paid to the City from the Development of the Property. The water
impact fee reimbursement for the construction of the Water Facilities shall be paid
to the Owner from fees received by the City at the time of issuance of building
permits for any portion of the Property, and such reimbursement shall be made
until the water impact fee reimbursements authorized by this Agreement has
been met
(2) Notwithstanding Section 5(b)(1) above, or any other provision of this Agreement,
the water impact fee reimbursement for construction of the Water Facilities shall
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTS COMMERCIAL. —Page 6
not exceed the total amount of water impact fees due from Development of the
Property.
(3) Notwithstanding Section 5fb)(1) above, or any other provision of this Agreement,
the obligation of the City for payment of the water impact fee reimbursement
authorized by this Agreement shall expire on September 30 in the tenth (10c")
year following the date the Water Facilities are complete and formally accepted
by the City.
(4) The City shall have the right to retain
Development of the Property after the
Agreement has been satisfied or after the
occurs first.
SECTION 6 EFFECTIVE DATE
water impact fees due from fihe
reimbursement authorized by this
reimbursement expires, whichever
The Effective Date of this Agreement is the date that the last of the Parties' signatures
to this Agreement is fully and properly affixed to this Agreement and acknowledged
by a notary public. The City's duties and obligations hereunder shall not arise unless
and until the City Council has duly adopted this Agreement and Owner have duly
executed same.
SECTION 7 TERMINAT[ON
This Agreement and all obligations of the Parties hereto, shall terminate upon full
performance of the terms of this Agreement.
SECTION 8 SUCCESSORS AND ASSIGNS
(a} All obligations and covenants of Owner under this Agreement shall constitute
covenants running with the land, and shall bind Owner and each successive owner
of all of any portion of the Property, provided, however, the terms of this Agreement
shall (1) not be binding on the owner of any residence that is purchased by such owner
from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on)
any mortgagee who finances or refinances residences constructed on the Property.
(b} Without limiting the generality of the foregoing and except as otherwise provided in
#his paragraph, Owner has the right {from time to time upon delivery of 14 days' prior
written notice to the City} to assign this Agreement, in whole or in part, and including
any obligation, right, title, or interest of Owner under this Agreement, to any person
or entity (an "Assignee") that is or will become an owner of any such portion of the
Property or that is an entity that is controlled by or under common control of Owner.
Further, no assignment by Owner shall release Owner from any liability that resulted
from an act or omission by Owner that occurred prior to the effective date of the
assignment unless the City approves the release in writing. Notwithstanding the
foregoing, Owner may not assign any portion of this Agreement applicable to it, in
whole or in part, to an Assignee if the City, after action by the City Council {which
action shall be considered by the City in good faith based upon financial and
performance criteria, and which action shall not be unreasonably withheld,
S110DIVI510N IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 6
conditioned or delayed), notifies Owner within 14 days of receipt of the written notice
required by this Section 8(b) that such Assignee fails to satisfy the City's financial and
performance criteria. If the City provides such notice to Owner then the Parties, within
14 days of such notice, shall mediate the dispute. The mediator shall be mutually
agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The
mediator's determination shall be binding on the Parties, if a Party refuses to
mediate, then the decision of the Party willing to mediate shall be binding.
(c) Each assignment shall be in writing executed by the Owner and the Assignee and
shall obligate the Assignee to be bound by this Agreement to the extent this
Agreement applies or relates to the obligations, rights, title, or interests being
assigned. From and after such assignment, the City agrees to look solely to the
Assignee for the performance of all obligations assigned to the Assignee and agrees
that the assigning Owner shall be released from subsequently performing the
assigned obligations and from any liability that results from the Assignee's failure to
perform the assigned obligations; provided, however, Owner shall not be released
until the City receives an executed copy of such assignment. Further, no assignment
by an assigning Owner shall release such Owner from any liability that resulted from
an act or omission by Owner that occurred prior to the effective date of the assignment
unless the City approves the release in writing. Owner shall maintain written records
of all assignments made by Owner to Assignees, including a copy of each executed
assignment and the Assignee's notice information as required by this Agreement,
and, upon written request from any Party or Assignee, shall provide a copy of such
records to the requesting person or entity.
SECTION 9 MISCELLANEOUS PROVISIONS
{a) Authority to execute contract. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary authority to
execute this Agreement on behalf of the parties hereto, and each party hereby
certifies to the other that any necessary resolutions or other act extending such
authority have been duly passed and are now in full force and effect.
(b} Notice. All notices, demands or other communications required or provided
hereunder shall be in writing and shall be deemed to have been given on the earlier
to occur of (1) actual receipt or (ii) three (3) days after the same are given by hand
delivery or deposited in the United States mail, certified or registered, postage
prepaid, return receipt requested, addressed to the parties at the addresses set forth
below or at such other addresses as such parties may designate by written notice to
the other parties in accordance with this notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Owner: Anna 455 Commercial, LP
10950 Research Road
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 7
Frisco, Texas 75033
Attention: Craig Curry
Telephone: 214.387.3993
Facsimile: 214.387.3913
Email: ccurrvRtxlandresources.com
(c) 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 Owner expressly amending the terms of this
Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all
compensation payable in Collin County, Texas. Venue and exclusive jurisdiction
under this Agreement lies in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be
found to be illegal, unlawful, unconstitutional or void for any reason, the balance of
the Agreement shall remain in full force and effect and the unlawful provision shall be
replaced with a provision as similar in terms and effect to such unlawful provision as
may be valid, legal and enforceable.
(f) Representation. Each signatory representing this Agreement has been read by the
party for which this Agreement is executed and that such Party has had an
opportunity to confer with its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby
acknowledged.
(h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of
either Party to enforce any of the provisions of this Agreement, at any time, shall not
in any way affect, limit or waive such Party's right thereafter to enforce and compel
strict compliance of the Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the
Parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the
language herein is to be construed against any Party shall not apply. Headings in
this Agreement are for the convenience of the Parties and are not intended to be used
in construing this document.
(j) No Other Beneficiaries, This Agreement is for the sole and exclusive benefit of the
City and Owner and is not intended to and shall not confer any rights or benefits on
any third party not a signatory hereto.
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -Page 8
(k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and
Owner and to any successor owner/developer of the Property, may be recorded in
the Collin County property records, and runs with the land.
(I} Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY
LEFT BLANK]
SUBpIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL -- Page 9
EXECUTED as of the date first set forth above.
OWNER;
STATE OF TEXAS §
COUNTY OF COLLIN §
ANNA 455 COMMERCIAL, LP,
a Texas limited partnership
By: Anna 455 Commercial GP, LLC,
a Texas limited liability company,
General Partner
Craig�ul�•y, Manger
Date; �
Zx
This instrument was ac{<nowledged before me on the �_C� �- day of
2021 by Craig Curry, Manager of Anna 455 Commercial GP, LLC, a Texas
limited I ability company, General Partner of Anna 455 Commercial, LP, a Texas limited
partnership, in the capacity herein stated.
=sr'�Y'y°��; PATRICIAfiORTON
`k: y My Notary ID 1t 131976467
+ V` Expires April 16, 2023
'•;Fo�z
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTS COMMERCIAL —Page 10
CITY:
CITY OF A,NNA
By:
Jim Proce, City
F
STATE OF TEXAS §
COUNTY OF �I §
Before me, the undersigned notary public, on the I �'�kday of , 2021,
personally appeared Jim Proce, known to me (or proved to me) t bet e person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same in his capacity as City Manager of the City of Anna, Texas.
[SEAL] ,,,,,,,,�,�
��;,�;��
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+:
�'�:
,�)F.OF ���:
CARRIE L. LAND
My Notary ID � 11419404
Expires February 4, 2023
Notary Public, State of Texas
5
SUBpIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL —Page 11
ATTACHMENTS
Exhibit A — The Property (legal description and drawing)
Exhibit B —Roadway Facilities
Exhibif C —Water Facilities
Exhibit D _Roadway Construction Cost and Water Construction Cast
SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL. — Page '12
Exhibit A
The Property
exhibit A - Legai Description of the Properky -- Page 1
E (n iblt B
Roadway Facilities
[4 pages follow.]
exhibit � -Roadway Facilities - Caver Page
Exhibit C
Water Facilities
[5 pages follow.]
Exhibit C —Water Facilities — Caver Page
Exhibit D
Roadway Construction Cost and Water Construction Cost
[4 pages fallow.]
Exhibit D —Roadway Construction Cost and Water Construction Cost —Cover Page
FERGUSON PARKWAY (STA: 1+00 - 8+56) Cost Summary
Anna 455 Commercial, LP
ANNA, TEXAS
Erosion Control
Stabilized construction entrance
8' wide curlex matting after paving
Inlet protection
ROADWAY
Units
Cost Total
EA 1 $1,750.00 $1,750.00
LF 1,300 $1.10 $1,430.00
LF 3 $125,00 $375.00
SUBTOTAL $33555
Earthwork Units Quantity Cost Total
Clearing & grubbing AC 1.00 $650,00 $650,00
Street excavation CY 51900 $2.50 $14,750.00
Detention pond excavation CY 0 $3.50 $0.00
SUBTOTAL $153400
Paving Units Quantity Cost Total
8" - 3600 psi pavement w/ 6" curb SY 4634 $38.87 $180,124
8" - 3600 psi pavement no curb in lieu of temp asphalt SY 225 $46.29 $10,415
6"- lime stabilized subgrade (36#/SY) SY 5138 $3.06 $15,722
Hydrated lime material (36#/SY) TN 92 $142,00 $13,064
Concrete header, complete in place LF 181 $12.40 $2,244
Street barricade LF 25 $28.70 $718
Connect to Existing asphalt pavement, complete in place LF 0 $26.70 $0
White line striping per plan & MUTCD standards LF 1008 $1.23 $17240
Double yellow striping per MUTCD standards LF 115 $2.95 $339
White gore striping per MUTCD standards LS 1 $2,674,00 $2,674
W411 R sign (per MUTCD) mounted to sign post EA 1 $375.00 $375
W16-9P sign (per MUTCD) mounted to sign post EA 1 $375,00 $375
W1-2R sign (per MUTCD) mounted to sign post EA 1 $375,00 $375
Landscape maintenance ramps EA 2 $448.00 $896
Thermoplastic ONLY EA 4 $300.00 $1,200
Thermoplastic Single ARROW EA 4 $265.00 $1,020
Reflective Buttons EA 50 $5.25 $263
Surface Mount Delineator Post EA 23 $172,50 $3,968
Revised Subgrade at FM455 Connection LS 1 $6,975.00 $6,975
Traffic control and barricading during construction LS 1 $1,605.00 $1,605
Maintenance bond (2% of total $) LS 1 $3,843,00 $3,843
SUBTOTAL $247,434
Drainage Units Quantity Cost Total
5'X4' RCB LF 28 $295,00 $8,260
48" diameter RCP LF 381 $165,00 $62,865
36" diameter RCP LF 110 $105.00 $11,550
33" diameter RCP LF 156 $95.50 $14,898
18" diameter RCP LF 133 $53.00 $7,049
12' Recessed Curb Inlet EA 1 $3,386,00 $3,385
10' Recessed Curb inlet EA 2 $3,025.00 $6,050
TxDOT FW-0 headwall at 5'x4' RCB EA 1 $5,600.00 $5,600
TxDOT CH-FW-O headwall at 48" RCP EA 1 $4,620.00 $4,620
TxDOT CWFW-O headwall at 36" RCP EA 1 $2,310.00 $2,310
Sloped Headwall with TxDOT SETP-CD at 33" RCP EA 1 $3,135.00 $3,135
Rock rip rap SY 245 $95.00 $23,275
Testing LF 808 $1.00 $808
Maintenance bond (2% of total $) LS 1 $4,950,00 $4,950
SUBTOTAL $158,755
TOTAL ROADWAY IMPROVEMENTS $425,144
Page 1 of 1
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