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HomeMy WebLinkAboutRes 2021-09-X1001 Roadway Impact Fee Reimbursement Agreement with Anna Crossing AMC, LimitedCITY OF ANNA, TEXAS RESOLUTION NO. 402L 04 l b01 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND ANNA CROSSING AMC, LIMITED, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. _ WHEREAS, Anna Crossing AMC, Limited is seeking to construct public infrastructure related to Anna Crossing Phase 5, Phase 6, and Mixed -Use (MU); and WHEREAS, as a key component of Phase 5, Phase 6, and MU it is necessary to construct paving improvements to Finley Boulevard and Leonard Avenue (the "Roadways"); and WHEREAS, the Roadways are shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as future Major Collector streets; and WHEREAS, public roads identified in the City of Anna Master Thoroughfare Plan, including the Roadways, are eligible for impact fee reimbursement for the cost of paving and drainage improvements; and WHEREAS, the City of Anna desires to enter into the agreement that is the subject of this resolution to reimburse Anna Crossing AMC, Limited certain impact fee amounts in exchange for its construction of the public infrastructure referenced above; 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 approves entering into and authorizes the City Manager to execute the Water, Wastewater, and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed Use Phase as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this , 2021. ATTEST: / I /Ili WON City Secretary, Carrie L. Land APPROVED: ayor, Nate Pike EXHIBIT "A" ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR ANNA CROSSING PHASE 5, PHASE 6, AND MIXED -USE PHASE This Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 55 Phase 6, and Mixed -Use Phase (this "Agreement") is entered into by and between the City of Alma, Texas the "City") and Anna Crossing AMC, Ltd., a Texas limited partnership (the "Developer"), WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof to the extent that this Agreement and any such previous agreement are in direct conflict; and WHEREAS, Developer represents and warrants that it owns and desires to develop certain real property in Collin County, Texas, composed of approximately 569 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS Cit.�ptance Date has the meaning ascribed to that term in Section 3(a). City Code means The Anna City Code of Ordinances. CityManager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 1 Commence Construction means that the City has approved the engineering plans, held a pre - construction meeting with the Developer and contractor, and the contractor has mobilized equipment as such actions are applicable to the Phase 5 Roadway Project, Phase 6 Roadway Project, and Mixed -Use Roadway Project. Develo_per's Phase 5 RoadwaLConstruction Cost, with respect to the Phase 5 Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Phase 5 Roadway Project at the time of full and final completion, dedication and acceptance of the Phase 5 Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit B. City inspection fees, impact fees, and building permit fees shall not be included in Developer's Construction Cost. Developer's Phase 6 Roadway Construction Cost, with respect to the Phase 6 Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Phase 6 Roadway Project at the time of fiill and final completion, dedication and acceptance of the Phase 6 Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit C. City inspection fees and impact fees shall not be included in Developer's Construction Cost. Developer's Mixed -Use Roadway Construction Cost, with respect to the Mixed -Use Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Mixed -Use Roadway Project at the time of full and final completion, dedication and acceptance of the Mixed -Use Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit D. City inspection fees and impact fees shall not be included in Developer's Construction Cost. Final Phase 5 Roadway Reimbursement Amount, with respect to the Phase 5 Roadway Project, means a roadway impact fee Reimbursement in a dollar amount equal to the lesser of $384,334.00 or the Developer's Phase 5 Roadway 5 Roadway Construction Cost. Additional costs eligible for Reimbursements shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Final Phase 6 Roadway Reimbursement Amount, with respect to the Phase 6 Roadway Project, means a roadway impact fee reimbursement in a dollar amount equal to the lesser of $938,754.00 or the Developer's Phase 6 Roadway Construction Cost. Additional costs eligible for reimbursements shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Final Mixed -Use Roadway Reimbursements Amount, with respect to the Mixed -Use Roadway Project, means a roadway impact fee reimbursements in a dollar amount equal to the lesser of $667,234.00 or the Developer's Mixed -Use Roadway Construction Cost. Additional costs eligible for reimbursements shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Roadway Impact Tee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 2 Impact Fee Reimbursement Property means the real property as described in Exhibit A to which the Final Phase 5 Roadway Reimbursement, Final Phase 6 Roadway Reimbursement, and the Final Mixed -Use Roadway Reimbursement shall be applied to reduce the amount of roadway impact fees otherwise due from said real property. Maintenance Bond has the meaning ascribed to that term in Section 3(bl. Pro er means Anna Crossing Phase 5, Anna Crossing Phase 65 and Anna Crossing future mixed use development tract, said tracts being described and/or depicted in Exhibit A. Roadway Improvements means right of way preparation, engineering, survey, geotechnical investigation, erosion control, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting, testing, and any other improvements necessary for a complete roadway system for the Phase 5 Roadway Project. Phase 5 Roadwa�ject means [the Roadway Improvements of Leonard Avenue along the boundary of Anna Crossing Phase 5 Property Line as shown in Exhibit F. Phase 5 Roadway Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Phase 6 Roadwa�Pr•oject means the Roadway Improvements of both Leonard Avenue and Finley Boulevard along the boundary of Anna Crossing Phase 6 as shown in Exhibit G. Phase 6 Roadway Reimbursement has the meaning ascribed to that term in Section 4(b)(2). Mixed -Use Roadway Project means the Roadway Improvements of Finley Boulevard through the Anna Town Square Mixed Use Property as shown in Exhibit H. Mixed -Use Roadway Reimbursement has the meaning ascribed to that term in Section 4(b)(3). SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Phase 5 Roadway Project, the Phase 6 Roadway Project, and the Mixed -Use Roadway Project, and before the City has accepted said projects after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer's Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer's Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld) or a longer period of time if the City Manager reasonably requests additional evidence of the Developer's Construction Cost. Upon approval of Developer's Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Phase 5 Roadway Project, the Phase 6 Roadway Project, and the Mixed -Use Roadway Project (the date of such acceptance as relates to each respective project shall be referred to as the "City Acceptance Date"). Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 3 (b) Maintenance Bond. For each construction contract for any part of the Phase 5 Roadway Project, Phase 6 Roadway Project, and Mixed -Use Roadway Project, entered into by or on behalf of Developer, Developer or Developer's contractor(s), as applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Phase 5 Roadway Project, Phase 6 Roadway Project, and Mixed -Use Roadway Project arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). (c) AUt�roval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer and/or its contractors) shall acquire and maintain, during the period of time when the Phase 5 Roadway Project, Phase 6 Roadway Project, or Mixed -Use Roadway Project are under construction: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims of any nature whatsoever which might arise or grow out of or otherwise relate to the Phase 5 Roadway Project, Phase 6 Roadway Project, and Mixed -Use Roadway Project and any related construction contracts, whether caused by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A.V or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non. renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) Inderrmification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND AGREES TO DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND Roadway hnpact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 4 EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER 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 DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE PHASE 5 ROADWAY PROJECT, PHASE 6 ROADWAY PROJECT AND THE MIXED -USE ROADWAY PROJECT INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE PHASE 5 ROADWAY PROJECT, PHASE 6 ROADWAY PROJECT OR THE MIXED -USE ROADWAY PROJECT NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER, DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT, OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT, NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 PROJECTS (a) Developer Obli . atg ions. As a condition to receipt of the impact fee reimbursements set forth herein, Developer agrees to constiilct the Roadway Improvements and complete the Phase 5 Roadway Project, Phase 6 Roadway Project, and Mixed -Use Roadway Project in a good and workmanlike manner and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over said projects. Developer shall commence construction on the Phase 5 Roadway Project and the Phase 6 Roadway Project in accordance with the definition in Section II "Commence Construction" on or before the 30th day of Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Pbase 6, and Mixed -Use Phase Page 5 September 2023, Developer shall commence construction on the Mixed Use Roadway Project in accordance with the definition in Section II "Commence Construction" within 180 days of a building permit being issued for a mixed use development project on the subject property, (b) City Obli atg ions (1) The City shall reimbursement Developer up to the lesser of $3841334.00 or the Developer's Phase 5 Roadway Construction Cost (the "Phase 5 Roadway Reimbursement") as of the City Acceptance Date as relates to the Roadway Improvements included in the Phase 5 Roadway Project. The Phase 5 Roadway Reimbursement shall reduce the amount of roadway impact fees otherwise due from the Impact Fee Reimbursement Property. (2) The City shall reimbursement Developer up to the lesser of $938,754.00 or the Developer's Phase 6 Roadway Construction Cost (the "Phase 6 Roadway Reimbursement") as of the City Acceptance Date as relates to the Roadway Improvements included in the Phase 5 Roadway Project. (3) The City shall reimbursement Developer up to the lesser of $667,234.00 or the Developer's Mixed -Use Roadway Construction Cost (the "Mixed -Use Roadway Reimbursement") as of the City Acceptance Date as relates to the Roadway Improvements included in the Mixed -Use Roadway Project (4) Notwithstanding the foregoing or any other provision of this Agreement, the Phase 5 Roadway Reimbursement, Phase 6 Roadway Reimbursement, and Mixed -Use Roadway Reimbursement shall be the sole means of reimbursing the amount of roadway impact cost otherwise due from the Impact Fee Reimbursement Property save and except other valid agreements which may be applicable that are separate and apart from this Agreement. (5) Notwithstanding the Foregoing or any other provision of this Agreement, the Phase 5 Roadway Reimbursement, Phase 6 Roadway Reimbursement, and Mixed -Use Roadway Reimbursement authorized by this Agreement and any and all of the City's other obligations under this Agreement shall expire on September 30 in the tenth year after the City Acceptance Date if said reimbursements have not been applied to the Impact Fee Reimbursement Property before said date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 6 SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportunity to cure. A Parry will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier• to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 7 If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Developer: Anna Crossing 40PGE5 Ltd. Attn: Adam J. Buczek Development Partner 8214 Westchester Drive, Suite 710 Dallas, TX 75225 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and ail compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. Roadway Impact Fee Reimbursement Agreement for Alma Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 8 (k) No Other Beneficiaries, This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. (n) Exhibits. Exhibit A The Property (legal description and drawing) Exhibit B Phase 5 Roadway Cost Breakdown Exhibit C Phase 6 Roadway Cost Breakdown Exhibit D Mixed -Use Roadway Cost Breakdown Exhibit E Impact Fee Reimbursement Property Exhibit F Phase 5 Roadway Project Exhibit G Phase 6 Roadway Project Exhibit H Mixed -Use Roadway Project [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 9 Anna Crossing AMC, Ltd., a Texas limited partnership By: Anna Crossing AMC Limited Corporation, By: a Texas corporation, its general partner Name: Adam J. Buczek Title: Authorized Signer IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2021, personally appeared Adam J. Buczek, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Authorized Signer of Anna Crossing 40PGE GP Corporation, a Texas corporation, the general partner of Anna Crossing 40PGE, Ltd., a Texas limited partnership. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 10 By: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of 2021, personally appeared Jim Proce, known to me (or proved to me) to be the person w1lose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. CABBIE t.. LAND My NotaryID # 11419404 Ex0res February 412023 (SEAL) Notary Public, State of Texas Roadway Impact Fee Reimbursement Agreement for• Anna Crossing Phase 5, Phase 6, and Mixed -Use Phase Page 11 EXHIBIT A The Property in N i� {V Z gg ov ILI ADZ Z�05 MA 8tt8£ a4nS N N v 0 00 U) GIN i 1 to 1 r� ly N a �n'�tL 0 as qn Mu£F,fl4 QtnS r m� W en � Mn q_ ooxt A1nflN,£t.l4s z�' t o C M O� a} _ A J 7 in in 01 te) mat in �o to oloo 0 to 4 N� t o• d 3 is al C4 �'CO rN MCI Mto �j tat tn� In to m ,Zi'L££t zwQ v Z M„zz,L4.4ns f y rk Ind ti Nr: ! N to' 'yh �/ K lotI; `9 tO D m Wil N . Pie t jN � „E 6� o40n5 t A*i tir5ANN IP In Njn madmr"y� Q1 �uln to into +%4 t }I4'• Lo$ to m 7al th :�2?1 COVZT u E IiCELLO *DON ©��G4 0Z) u LEGAL U35CRIt'TJ.ON TItAC"l.' 1 131301, a tract of land out oftlro drnadison Stark, Abstract No. 798, And being part of a 218-614 acre tract, as reoordod In Vol, 4942, Pg. 511, a 40,001 acre tract, as described in Document Na. 20070409000472400, a 43,67 acre tract, as described In Volume 57171 Fags. 2431, a 23080 (lore tract, as described in Document No. 20070208000183560, a 40.00 acre tract, as described in Volume; 5622, Page 1863, a 129,92 acre tract, as described in Volume 5631, Page 2600, find n 40.5746 pore tract, as desorltied in'V'olurne 5618, Page 2878 in the Deed Records of Collin County, Texas, and being more partioularly described as follows, 13f3GINNIM, at a 5/8 inch iron roil found at the most northorly northeast corner of sold 40,001 acre tract, being the west line of Wildwood Fatms Addition, all addition to the City of Anna, as dosaribrd In Vol, G, Pg, 746, in the Plot ltcaords of Collin County,'I'exas; Tili3NCP, Souitr 01°i8'33"'W'est, along the east line of said 40.001 acre treat and flee west line of said Wildwood Farms Addition, for a distance of 736.06 feet, to n 5/8 inolr Iron rod found at the southwest corner of said Wildwood iiarnis Addition and balm, are intorlor ell corner of sold 40.001 acre tract; TIEBNCB, South 88134'06" Past, along the north line of said 40,001 acre tract and the south line of Raid Wildwood Farms Addition, for a distance of 1234,50 feet, to it 518 inch iron rod found at tlrenorthoast corner of said 40,001 flora tract; TMCB, South 01"11'46" West, departing the south line of said Wildwood Farms Addition and along the cast ling of said 40,001 acre tract, for a distance of 1223,20 feet, to a .% Inch iron rod found at the, southeast coroor of said 40.001 acre tract and being the northeast collier of said 43.67 acre tract; 'f'1IENCB, South 01,38,19" West, along the east lino of said 43,67 acre tract, for a distance of 668,88 feet, to a ih inch iron rod found in the north line of La Pillorao, an addition to the City of Anna, as described in Vol. C, Pago 418 In said Plat Records, MIBNCB, North 89,31'Ol" West, along the south 11no of sold 43,67 acre tract and along the north line of said Lapoloma, for a distance of 2100492 feet, to a point for corner at the northwest cornet' of said :La PaIonin anti being the northeast owner of said 129,92 acne tract; 'p13L+NCB, South 01113'48" West, along the Wcst line of said Lit Valois and the east line of said 129,92 acre tract, for it distance of 1527.89 feet, to a rh inch troll rod founts at the southeast corner of said 129,92 acre tract,, MENCI3, North 87°03'41" West, departing the west line of said La Palozna and along the south line of said 129.92 acre tract, for a distaaoe of 15M foot, to a Yi inch Iron rod found; 'Z'HENC , Nortli 89°20' 19" West, along the south line of said 129.02 fact, for a distance of 1884.06 feet, to it r!a inchirourod found; ImENCE, North O1040'03" Bast, Continuing along sold south line, for a distance of 18135 feet, to u calculated point fort corner; TfIBNCg, North 88019'57" West, continuing along said south line, for a distance of 952,27 feet, to a calculated point for corner; TBENCB, ,South 01117122" West, departing said. south Ane, for it distance of 1537.42 feat, to a 'A inch hoon rod found at the southeast corner of sold 40,5756 acres tract; TH BNCB, North 88°14'55" West, along the soukhlluo of said 40,5756 acre tract, for a distance of 669,97 feet, to a calculated pclnt for corner,' TNENC;f3, North 88"13"09" West, continuing along said south Zinc, for a distance of 331449 feet, to a 'h inch honiod found,) TfIENC13, North 88012'02" West, continuing along said south lino, for a distance of 336,73 feet, to a viz inch iron r-od found at the southwest corner of sold 40,5756 aom tract; TEIRK fi, North 00054' 13" Bast, along the west line of said 40.5756 nova tract, for a distance of 1335,10 feet, to it calculated point for corner in tine south One of said 129.92 aore tract; T1-BNCB, North 88019057" West, along the south line of sold 129.92 acroa tract, for a distance of 853.62 feet, io a calculated point for corner at the southwest corner of said 129,92 acre tract; TFANCT3, North 19148'29" Bast, along the west line of said 129.92 sore tcoet, for a distance of 2482.75 feet, to a calculated point for corner at the northwest corner of said 40.00 acre tract some being the southwest corner of said 238,614 acre tract; TI][BNCB, North 191149'04" Bast, along the west line of said 238,614 acre tract; for a distance of 78789 #cot, to a calculated point for corner at the point: of curvature of a curve to the left, having a radius of 2914.83 foot, a contral angles of 1.7150' lT', and a tangent of 457.40 feet; MENM, contintriug along said west line and with said curve to the leftfor an are distance of )07.41 *et (Chord Bearing North 10°53'58" Bast. 903675 feast), to a calculated point for corner; TIDBNCH, North 01°581S2" Bast, continuing along Bald west line, for a distance of 186M feet, to a calculated point for wrnor at the northwest corner of said 238,614 acre tract; THENCE, South tiil"42' 15" Hoq, along the noxth line of said 238,614 acre tract, for it distance of 13.59.79 fact, to it 4"A" concrete monument found; TnBNC1B, South 88°52' 1tP' Bast, continuing* along sold north line, for a distance of 661,91 feet, to a 4"x4" conorete monument found; 7I�I3I�YC , ►5auth tiKa�l6' �" mst, Continuing atom; said liortti ilea, for n clistAiloa of 114922 feat, t© a 5/8 111011 lrtioll rod fotllldt `f MNC13, Sottili $s°A'31" I3Ast, aoniinllitlg along aAld 7loith lice, for a dlstntice of 1556,75 feet, to the POINT OF ]BEGINNING and ootitnlllltlg 569,397 arms of land, i,I GAL DESCRIP I IvrJ TRACi2 tf0taa aril Ipnundd rn 24,27 Aaron gaswlpih MAI M, In ilia N10le of l'eNti, 011rf,ty at Q011411 irotily4 pall of Ilia plalal�un 6ttnk ;,'tilve, 6hhtrust Ifo. 2011, befog Ilia XIIII at a �%09 aoro heat Ii as romdod u4idor County CIA, i�o, 06�G0A01411 of lho ColIV Counly l,anhacortlo with told proml000 ItDIng more i aillophttyy tf0oo1111441 au follow [IlflhMIR tit u 101110ud vplka found 1114 llla tlul AvIal oliwl of the tllgkn Mlle Udddle or Coisdy Road OR rtlih the hart tlyhl—oI—hv Ilrw of Sloto Highway NO* 0 cold ooniar Wing tho mithtlag comae of Iho horoln doserlod promtson and the notthoust corner of 11 0,ttfl Hare Irnal at raatildotl in 11oform MO. Pappap 241 al trio eolgn eau ltinfi ttet:erflo1 THOIOE Willi tloa ar vAillto Inhf�fla or Cool►ty tioud 422, the 00001 141e All 9d1Jpiorituek raid Ole nifilh lWor of too ON uctu tfoot, yloatt 744,00 toot (o o roilroad eplko 4ot at ttla a�aproxhnuio oonlo&* Intolaeotlon of County flood 422 v1t111 County frond 423 i"IM)i gg Iho s 14ullrlra t ctltuul of twfd (t141rittNa, Ihn plottlf4vawl a611trd yf > a1d tp.06 acre frta kr told bcU1Q Its Ihn oaet thin of Ilagul o t2,71t?A at IPactl 141194 111111 ilia (I" Imfranto t4t1611e of t only Rant) dm neilili 1110 arolil 11110 at "ltl 1ilaral<on, IN vol Ih10 of pall �0,1to firm tftl anal Iho OnSt 1140 at moral 01"IM 11744ta of iontl, With WOW cast, pulsing tit 27s),72 teat a 04lioh Iran rod fooled, paooliitt u1 44910 toot a y--licit Iran red found, trooft of 046,0 leol 11 —taell Rail tad fauna, f4obih 0t 73111,93 teal (1 9"Int5ls flan told found, patiplitg at 634476-tool a YHlifti tron too fowl, pospin tit >1`tD A fast a H,K, hall found nttotdng oho 10901000tlon of Ntifily I;od 1036 (Qaing wt4al), pmiling al 1110,04 loot u f;K, hall Jotliut, anti oolA Ing fop a WWI OMgnuu of iiB N foot to 0 r0ilrow aplko 444 Ilik 10 Ihn h6ttIwoot 0106f at M141 laairi 69 ilad IN amalwoO comor or a Ut On Inlet In t raetirdoll dnk Couisty mirk Iola, £t 011id62, of the 09111A NMI Load ltttootilm IflMoh' wills 1110 11011111 1h10 of 001 Itrefitlo" AAtl Ilia tioliv, lil6 of onril 1121 aut Irntit, JIWII 0012WI06 f:nut, housing at 210,24 foot a }is-11 qi filed rod towid mullitig Iho aoulhotiot eompt of avid 1,21 aoro Vitot and Hie uoullUvot 0i0f of a 0,04 aura Vital (Uoing t11A 00Vh41y lieptlori of ti 64% data tidal OR worrtait In Yah)lfia NO Napa PAO of ilia Who (,aunty taunt ffeeulrlri) tap It total rllstims at 0X70 toot to a 0CA eoppo11 koh tort NaM In IN cost IIIQIA�ofine of 5tuto fllolMoy No, 6 utailihn# tiro aoutliouol wim of anld 01 t1e1e %101 dint I110 1401111001 corner of vitH propnt"o, THE(4bE witls the tidibity role of mild litaltdnar Gild Ilia wautvto Ilaht-vl1lloWdy Isle of State 1`1401IR(W tfo, ti OR faietru: $411101 1i2`67'JQ' 11!1431� t20,22 lot to o Itoomn cnppall Sys-fnah {mn roil eat marlihig the hnotnnlng of a outvc to Ilia Mililt 90411IM01011y atong anal otwo Imitty a control angle of 1d'OW vAh a rotting of trA 72 foot, for an on ctatoaao of 060,42 foot chord vt ZDA 1V011164 MIDI 905JA foal) to tr Hounio 40 Tr�)pd N"1nc11 trod toll oat tnaiktnp Viv ontt of urild atwaol loollf 1100 46' %pit i44406 foot to Ilia 1i14n1 of Inlgtlnlllg t11ul covilalplog 1,0 7,3311 atlorllo taut oi' 907 oforea of Igpal, I ECAI, DESCRIP I ON TRACT s LEGAL bUSCHIPTION 1,7�12,164 sW. (�1',1 �p,r�R4,1 AK1t�l� s !PING fl 39,9444 noJo trHGl of lend p[41►alod 1n t11d bRF�N(atBl�l(t�TAi�K 6URV�Y, A[)43TFtAf3� NtJ, 7s�, Col[!n )n�trlty,'1 axaa and tsc;inp {tall of trial olled '174.t14 sore trual of Innd 0011wayed I7y 1ie(�d 10 H. 0- Wy$Oho, dal" l Jun© If,, IMI, r000rdotl In V4106144, Pape 240, 0000 fl(OM$, Goilln Udtlnly, f"" {p.rt,C.C.V',} e,ul bolnp mom ra'tlowmdy deoGrlltcrcr as follows: OC:GINNINO at n 10Iron rod bound tot Aonler In t11e enttlhoaat npttl-t,pway [ire o(ilro Union I'odfiio MIUM U,plAp",) {a 100, It.9,W} and belnll In IN oonjur of County Road 421 rind balntt the sr,utfwrast ntitrldr of $old 9,0944 We trtict hf 1011(li E ICN+✓ N 1(! d4414 00 mina 00 ouu, go along the tgt►fllonst right oI"vlpy line ON U,l f7,ti„ a c ntr rtca a �l,�Ear1b id9t 'iced 1 Tnnlyd0uttnlhoha►o,nrerdrlri » trot Vol >16 4002gt',flst t3o `}A10#0fa,U, t 221'i +sarR t�aatgt {arid csunveyar113y GU 01130 604, I„ along Vie ooulh line of said 11131M1 Rao Veal of Imd and elan MIQ110lbb soltlll tH1 NC 11110 of a 10,1711 nears tract of land 000voy0�1 11y (loot (d 15ootl !�, t unni111{ttent, tdcorclacl in vaitlnla Ar1Q2, 1*99R 3��a, ft,C.C.TO, a dlstaitae of 1,�7[1,a3 root Jo A ile Iron rod {4ttnd for corm anti boing Ilse scntll►oast cu►tr�e( tit o 1 o Allen ounAlllik rnlr:on) Irf to County an being In i the UCi�7►te W Ia,fi 01190 �10 �164 sore Irvat of land osanvoyad by ttaerl Do(o oC Z IIrron Dd 44 � for oornar and bolo (n Iliatcoi ntOof pt Cc M ty i�4aci �21,tnncl crag ct of 4dir �r rih� oa �irwast onr«er lkq E! foAttt 10.16A we (root orIontit HMO, N 00 dorj► 44 nb111, QO ogol W, nfttrto U10 aonler of $Aid ()otrrl(y f�4A'd 7fs O, a (4141106 011,A foot to 010 'DINT OF BEG INN1111 e and aunt$t11Ing 11742,160 sp, (I. or 30. 0,{4 norac of land. F§� u T, I a F _ se ve ;r J ' J ci fl aG is 0J J ! / r' as z 9.OR6 A(HES i ' iM111W.M 4'ATEF i 9 E OPACCT I ——EAST FOSTER LAOS51NG AQOD BEING 4.086 acres (177,976 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 4.086 acres (177,976 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said 4.086 acres (177,976 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a mag nail found for the Southeast corner of said Anna Town Center No. 8 tract, same being the Southwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter refereed to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., same being the North line of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract), as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same being the South line of said Granderson Stark Survey, same being the North line of David E W Babb Survey, Abstract Number 33, same also being in East Foster Crossing Road, also Imown as County Road 421; THENCE North 89 degrees 11 minutes 34 seconds West with the common line between said Anna Town Center No. 8 tract and said Anna Highway 5 tract, and with the common line between said Granderson Stark Survey and said David E W Babb Survey, and along said East Foster Crossing Road, a distance of 333.98 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest corner of said Anna Town Center No. 8 tract, same being the Southeast corner of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.; THENCE North 00 degrees 11 minutes 26 seconds West, departing said survey line and said East Foster Crossing Road and with the common line between said Arena Town Center No. 8 and said 40 PGE tract, a distance of 529.48 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northwest corner of the herein described tract; THENCE North 89 degrees 49 minutes 30 seconds East, departing the West line of said 40 PGE tract, and crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of the herein described tract, same being in the East line of said Anna Town Center No. 8 tract, same being in the West line of said Miller tract; THENCE South 00 degrees 06 minutes 25 seconds East, with the common line between said Anna Town Center No. 8 tract and said Miller tract, a distance of 535.21 feet to the PLACE OF BEGINNING, and containing a calculated area of 4.086 acres (177,976 square feet) of land. Tract 5 — Survey and Legal Description r Iu 9 u f �av� G 6.413 ACRES . OR 2611919 5`�VARC !CE s { ++• `s ,Cmuv, of 1 � Anu ram �rtcx I( IGiPL![31i ftlFd3[2 whia. , L tt�< / D.PACL1. 1 ma m 1 ]ljI f 1 f 04. BEING 6.013 acres (261,919 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 6.013 acres (261 919 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.); said 6.013 acres (261,919 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a one-half inch iron rod with plastic cap stamped "CORWIN" found for the Northwest confer of said Arena Town Center No. 8 tract, same being the Southwesterly corner of that certain tract of land described as Anna Crossing Phase 1 B (hereinafter referred to as Anna Crossing Phase 1B), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number 2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land described in a General Warranty Deed to Cecil Burl Cunningham (hereinafter referred to as Cunningham tract), as recorded in Instrument Number 20151123001471250, O.P.R.C.C.T.; THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract and with the common line between said Anna Town Center No. 8 tract, and said Anna Crossing Phase IB, a distance of 335.89 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Anna Town Center No. 8 tract, same being the Northwest corner of that certain tract of land described in a Contract of Sale and Purchase to Robert W. Price (hereinafter referred to as Price tract), as recorded in Instrument Number 1993-8676, O.P.R.C.C.T.; THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing Phase I and with the common line between said Anna Town Center No. 8 tract and said Price tract, pass at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the common line between said Anna Town Center No. 8 tract and said Robert and Jessica Price tract, pass at a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., and continue with said course and the common line between said Anna Town Center No. 8 tract and said Miller tract for a total distance of 778.53 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southeast corner of the herein described tract; THENCE South 89 degrees 49 minutes 30 seconds West, departing the West line of said Miller tract, and crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest corner of the herein described tract, same being in the West line of said Anna Town Center No. 8 tract, same being the East line of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.; THENCE North 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Town Center No. 8 tract and said 40 PGE tract, pass at a distance of 586.15 the Northeast corner of said 40 PGE tract, same being the Southeast corner of said Cunningham tract, continue same course with the common line between said Anna Town Center No. 8 tract and said Cunningham tract, for a total distance of 783.83 feet to the PLACE OF BEGINNING, and containing a calculated area of 6.013 acres (261,919 square feet) of land. EXHIBIT B Phase 5 Roadway Cost Breakdown - nna Crossing Phase 5 Leonard Roadway Improvements Final Consh•uction Cost Sumtuut•y Item Amomtt Grading Total S 12.97S Erosion Control Total S I O.SSS Storm Total S7.G31 Paving Total S319,688 Bonds _90 LS 12250 S3,862 Sub -Total On -Site Hard Costs S3559049 GeotechnicalInczsti_eation Material Testing I LS 5650 S650 DzsignSunep I LS 51,500 S1,500 Tree Surrey 1 LS Engineering Design 6.0% LS S'_1,303 Engineering Design Total S231453 32910 LS S1S.500 SS.S32 DART Crossing I LS R011' Acquisition (Estimated Cost) I LS Construction Staking & Lot Pinning I LS As Built Plans I EA Construction Administration Total $5,832 GRAND TOTAL $384,334 Final ConStrnCti0n Cost Grading Erosion Descript[on Qumntih• L?nit L'uit Price ItemAtttount Grading - Grading - Site Work - Clearing and Grubbing Site Work - Deuro Existing Trail 0.75 560 AC SF S I.519.00 53.00 S 1,139 S I.680 Grading - Grading -Dirt Site Work - Demo Median Work - On -site Balmrced Cut and Fill tL?ucl. Fsc.l I 2.99S LS CS' 5505.52 S; 3 S506 59.654 Grading Total S129978 Erosion Control Description Quantity Unit Unit Price Item amount Grading - Erosion Control - Inlets - Curb hilet Protection - Complete I EA S 150,00 S i so Grading - Erosion Control - Inlets - Drop Lilet Protection I EA 5200,00 $200 Grading - Erosion Control - Drainage - Rock Check Dam - Each EA 529500.00 Grading - Erosion Control - Drainage - Silt Fence - With Wire Backing 750 LF $1,45 S 1,088 Grading - Erosion Control - Grassine - Teruo Irr. fi Seeding Leonard \lediau I LS S9.450.00 59.450 Storm Description Quantity Unit Unit Price Item amount Storm - RCP - Class BI - 18" LF $40,00 Storur - RCP - Class In - 2 1 " 32 LF 552.30 S 1.674 Stoma - RCP - Class III - 24" LF 555,00 Storm - RCP - Class III - 36" LF $85,00 Storm - Manholes & Junction Boxes - Square - 5' x 5' (TxDOT MH-M) EA S4.000.00 Stoma - Inlets - Recessed Curb - 5' EA S3.000.00 Storm - Inlets - Recessed Crain - 20' l EA $5.932.00 S5.932 Stoma - Inlets - Wye - 3' x 3' EA 53,000.00 Stoma - Headwalls - Type B = TxDOT (FW) - 18" EA $2,500.00 Storm - Headwalls - Sloped End Treatment (6:1) - IS" EA S I.500.00 Storm - Headwalls - Sloped End Treatment (6:1) - 21" EA $2$Q0.00 Storm - Headwalls - Sloped End Treatment (6:1) - 36" EA S6. 00 Storm - General - Type A Rock Rip -Rap - 12"48" Dia - 24" Thick SY Storm - General - Trench Safety 32 LF $0, S29 Storm - Miscellaneous - Connections - To Existing RCP EA 52,000.0 Storm - Miscellaneous - Flumes - Concrete - V Section - 4' x 4" x 3.600 psi Concrete LF 530.00 Storm - Miscellaneous - Grade to Drain LF $12,00 Stome- liscellaneors -Trafic Control for ORsiteUtiliConst�rucriion EA 53.500.00 Storm Total S71634 Final Construction Cost Paving Paving -Coucrete - Streets - S" - 3600 psi 4.169 SY 543.14 S 179,851 Paving - Concrete - Streets - 9'9 - 3600 psi 75 SY S60.61 S4.546 Paving - Concrete - SidewalksrRamps - 4" x 5' SF S5.50 Paving - Concrete - SidewalkslRamps - 4" x S' 6.000 SF $5,50 S33.000 Paving - Concrete - Sidewalks/Ramps - Barrier Free Ramp - Single 2 EA S L400.00 $2.800 Paving - Concrete - Sidewalks/Ramps - Remove and Replace Ramps 1 EA S6.380.00 S6.380 Paving - Concrete - Sidewalks/Ramps - Lower Trail / Ramp ® Leonard Intersection 1 EA $9A56.35 S9.456 Paving - Subgrade Prep - 6" 4.66E SY $3,50 $16.339 Paving - Subgrade Prep - Lime Material (32.9#/Sir) 77 TN S165.00 S12.671 Paving - Concrete - Concrete - Stamped Concrete at Median Nose l EA S3.600.00 S3.600 Paving - Connections - Reinforced Conc, StreetHeader 207 LF S 15.00 S3.105 Paving - Removals - Remove Existing Pavement 143 SY S15.00 S2.145 Paving - Signage - Furnish and install Regulatory Signs 6 EA $375.00 S2.250 Paving - Signage - Street Sign - Decorative (Installed Complete) 6 EA S2.000.00 S 12.000 Paving - Pavement Markings - Striping and Pavement Markings LO LS S 18.44L59 S18.442 Paving - Pavement Markings - Type I Reflective - White - 24" Solid 25 LF $30.00 S750 Paving - Traffic Control - Management (Installation. Maintenance, Reset, C Removal) 7.5 MN S 1A35.01 S10,763 Paving - Traffic Control - Devices - Temporary Barricade 2 EA $795.00 S L590 Pavin_ - Traffic Control - Devices - Street Li_htine - Decorative (Installed) EA S15.000.00 Total S319,683 Paving EXHIBIT C Phase 6 Roadway Cost Breakdown Anna Crossing Phase 6 Leonard Finley Roadway Improvements Final Construction Cost Swnmarg ' Description Quantity Unit Unit Price Item Amount Gradigg Total $34,297 Erosion Control Total S261750 Stonu Total $ I31,499 Patine Taal S685, t.13 Bonds 1.00 LS 5500 s5.5o0 Sub -Total On -Site Hard Costs S8831589 Geotecluurnllucrsti_eation I LS SG50 SG50 Design Survey I LS 51.500 $l s00 Tree Suney I LS Fucineeritrt Desimt (.u°„ LS SS?,015 Engineering Design Total S551I65 Atattrial Testutg LS $IS.500 DART Crossintg I is ROR'r\cquisition (Estimated Cost) I LS Constmetion Staking fi La Pinning I LS A. Built PL us 1 FA C'orstruction Administration Total GR.tu\D TOTAL 5938,75d Anna Crossing Phase 6 Leonard Finley Roadway Improvements Final Construction Cost Grading Description Quantify Unit UnllPrice Iletn:\mount Grading - Site Work- Clearing and Grubbing 3,50 AC $1,519,00 S5317 Grading - Site Work - Demo Existing Trail SF $3.00 Grading - Site Rork - Demo Median LS $505.52 Grading -Dirt Work - thy-site Balanced Cut and Fill (Uncl. Exc.) 9000 CY $3,22 S28.9S0 Grading Total S34,297 Erosion Control Description Quantitc Un)t UnllPrice Item:\mourn Gradintg-Erosion Control -inlets -Curb Inlet Protection -Complete 1 E4 $I50.00 SCO(1 Gradiag -Erosion Control - hilcis -Drop hI et Protection EA 5200.00 Grading - Erosion Control - Drainage - Rock Check Data - Each Ea S2,500.00 Grading - Erosion Control - Drainage - Silt Fence - With Wire Backing 5.000 LF $1.45 $7,250 GnadiuR - Erosion Control - Grassing - Temp In. & Seeding Leonard and Finlee\lediau I LS S 18.900,00 S18.900 Erosion Control Total $26,750 Storm Description Quaotit3• Unit Unit Price Item Amount Storm-RCP-C4ssBl-18" 11I LF 563.00 S718 Stonn - RCP - Class III - 21" 47.39 LF S70.00 $3,317 Stony -RCP -Class H[ - 24" 202,60 LF S77,00 S 1500 Storm - RCP - Class III - 27" 130,02 LF $91.00 S 11,832 Stonn - RCP - Class m - 36" 223,66 LF $129,00 S2052 Storm - RCP - Class III - 54" 79,43 LF S235.00 S 18,666 Stoma - Manholes fi Junction Hoses -Square - 5' s $' (TsDOT DiH-Dq EA 5000.00 Stoma - Inlets - Wye - Y s 3' EA 53,000.00 Stonu - Heidttnlls - Remove es. 24" h(ltyl and rip rap I EA SI1500.00 SI,500 Stonu-Hradnrolls -Sloped Did Treatment (6:1) -18" E4 $I i00.00 Stoma-Fieadeal(s - Sloped End Trealaaeat (6:1) - 21" EA 52,500.00 Storm - Headwalls - Sloped End Treatment (6:1) - 36" EA S600.00 Storm - General - Type A Rock Rip -Rap - 12"48" Din - 24" Thick SY $90,00 Stoat - General - Trench Safety 32 LF $0,90 S29 Stoaa- Miscellaneous - Connections - To Existing RCP 5 EA $1,675.00 S89375 Stoat - Miscellaneous-remotr es 5s5 drop inlet and apron I EA S1,460.00 S19460 Storm - Miscellaneous - Adjust Serer Manholes forPating 9 EA $29200,00 $19,800 Stonn - Miscellaneous - Traffic Control for Off ke Utility Construction EA S3.500.00 Storm 'Total $1319499 Anna Crossing Phase 6 Leonard Finley Roadway Improvements Final Construction Cost Paving Leonard Avenue Description Quantity Unit Unit Price Item Amount Paving - Concrete - Streets - 8" - 3600 psi 4.790 SY S39A0 SISS6726 Paving - Subgradt Prep - 7" 59174 SY S3A5 $179850 Paving - Sub Prep - Lune Material (32.9#!SY) 124 TN 5163.00 SM212 -grade Paving- Concrete - Sidewalks/Rmups -4" x 8' 10.464 SF $5.65 559.122 Paving - Concrete - Sidew:alks/Rannps-Bmrier Free Ramp - Single , 4 EA $2,000.00 SS.000 Paving -Concrete -Concrete -Tie to Existiug Pavement 3 EA 5775.00 52.325 Paving - Signage - Cross Walk Striping 1 EA $1,400.00 51,400 Paving - Concrete - Concrete - Saw Cut Pavement 715 LF 58.00 55,720 Paving - Concrete - Concrete - Install Curb and Gutter 250 LF $20.00 55.000 Grading - Site Work - Remove 8" Concrete Pavement 595 LF $1,55 5922 Paving - Removals - Remove Concrete Curb and Gutter 765 LF S 16.75 512.814 Paving - Signage - Street Sign - Remove Existing Guardrail 50 SY $10,00 5500 Paving - Concrete - Concrete - Stamped Concrete at Median Nose 230 SF $18,55 54.267 Paving - Signage - Street Sign - Drectional Arrows with Striping I LS S 1.955.00 S L955 Paving - Traffic Control - Devices - Temporary Barricade I EA S 1.000.00 S 1.000 Paving - Signage - Street Sign - Pedestrian Crosswalk Sign I F 1 S260,00 5260 Paving - Signage - Street Sign - Street Sigi Post _ EA 5900.00 51,800 Paving - Signge - Street Sign - Speed Lintit Sign I FA 5260.00 $260 Poring - Signage - Traffic Control - Remove Existing Double Orange Lune 1 LS $2.800.00 S'_.800 Patine - Simmae - Traffic Control - Remove Existing Double Orange Line I LS 52.800.00 $2 800 Paving Leonard Avenue Total 5337,732 Paving Finley Boulevard Description Qtmnilty Unit Unit Price Itell] Amonut Patitg- Concrete - Streets -8"-3600psi 59309 SY $39.40 5209.175 Paving - Subgrade Prep - 7" 5,734 SY $3.45 $19,782 Paving - Subgrade Prep - Line Material (32.9#/Sl) 138 IN $163.00 $229494 Paving - Tri icControl-Devices-Tennpo ripBatricade 2 EA S1*000.00 52,000 Paving - Concrete - Sidew:alkslRnmps - 4" x 5' 8,945 SF $5.50 $46998 Paving - Concrete - SideuilkYRinips - Barrier Free Map - Single 3 EA $1000.00 56.000 Paving - Concrete - Concrete - Tie to Existing Pavement 3 EA 5775.00 52.325 Paving-Signage-Cross Walk Striping 2 Ea 54,400.00 $8.800 Paving - Adjust Existing Sanitay Sewer MH to Grade 5 EA 5300.00 $1,500 Paving - Concrete - Concrete - Saw Cut Pavement 260 LF 58.00 S2.0S0 Paving - Signage - Street Sign - Directional Arrows with Striping l EA 54A00.00 S4A00 Paving - Concrete - Concrete - Install Curb and Gutter 260 LF $16.75 S4.355 Paving - Signage - Street Sign - Stop Bar 3 EA 5350.00 51.050 Paving - Concrete - Concrete - Dlow Rannp in Median 2 LS 5750.00 S 1 500 Paving - Sigtage - Street Sign - Pedestrian Crosswalk Sign 1 EA 5260.00 $260 Paving - Signage - Street Sign - Stop Sign 1 EA 5350.00 $350 Paving - Signage - Street Sign - Street Simi Post 2 EA S900400 S1.800 Paving - Signage - Street Sign - Speed Litit Sign 1 LS S260600 $260 Paving - Removals - Remove and Relocate Existing Stop Sign Ahead I SY S1.200.00 $HOO Paving - Removals - Remove and Relocate Existing Stop Sign mid Stop Bar I SY $16600000 51.600 Paving - Sigimee - Traffic Control - Remove Existing Double Or ime line _ I LS 53.600.00 53.600 Paving Fluley Boulevard 5341t528 EXHIBIT D Mixed Use Roadway Cost Breakdown P1•obaUle Coush•nction Cost Snmin�lti L-uit I'uit Price ItemAtnouut Erosion Control Total $22,125 Stonn Total $40A90 Pa%ing Finley Boulecaid Total $522,717 Bonds LS 12250 $3.862 Sub -Total On -Site Hard Costs S621,936 Geottcltnical Iucestigation Design St `Cy Tree Sunvy LS $650 5650 LS $1.500 $1.500 LS Enginterino Dtsigt 6.04�a LS 537.316 Engineering Design Total 539,466 bfatetialTestin¢ 32% LS $18.500 $5.832 DART CrosI II 1 ZS ROW Acquisition (Estimated Cost) 1 LS Construction Staking h` Lot Pinning 1 LS As Built Plans 1 EA Construction Administration Total S5,832 GR�\D TOTAI. S667,234 ProUaUle Coustrnctlou Cost Grading Desctiptiou Quaudh• Uuit Uuit Price Item Amonut Grading - Grading - Grading - Grading - Site Work - Site Work - Site Work - Did Work - Clearing and Grubbing Demo Existing Trail Deno Median On -site Balanced Cut and Fill (Uncl. Esc.) 2.55 11500 1 6,000 AC SF LS CY $16519,00 $3,00 $5,000,00 $3.22 $34923 $4,500 55,000 519.320 Grading Total S320743 Erosion Coutt•ol Description QuauHq• Uuit Uuit Price Item Atnouut Grading - Erosion Control - Inlets - Curb Inlet Protection - Complete 4 EA $150,00 $600 Grading - Erosion Control - Inlets - Drop Inlet Protection 2 EA $200,00 $400 Grading - Erosion Control - Drainage - Rock Check Dam - Each EA $25500,00 Grading - Erosion Control - Drainage - Silt Fence - With Wire Backing 2.500 LF $1,45 53.625 Grading - Erosion Control - Grassing - Temp by. C Seednnn Leonard Median 1 LS $17,500.00 517.500 Erosion Control Total S22J25 StO1'lTl Descriptiou Quantity Unit Unit Price IlemA Onnt Storm - RCP - Class III -18" LF $40,00 Stonn- RCP - Class III -21" 1S0 LF $70,00 $12,600 Storm -Inlets -Recessed Curb - 20' Storm - Irilets 3' x 3' Storm - Heaficnlls - Type B = T+tDOT tFM -18" Storm - Headwalls- Sloped End Treatment (6:1) -18" Stomt - Headwalls- Sloped End Treatment (6:1) - 21" Storm - Headwalls- Sloped End Treatment (6:1) - 36" Storm - General - Type A Rock Rip-Rap-12"-IS" Dia - 24" Thick Stone - General - Trench Snfety Storm - Miscellaneous -Connections - To Existing RCP Storm - Miscellaneous - Flumes -Concrete - V Section - 4' s 4" s 3.600 psi Concrete Storm - Miscellaneous -Grade to Drain Storm -Miscellaneous - Traffic Control Straw Total d FA Storm - Miscellaneous -Grade to Drain Storm -Miscellaneous - Traffic Control Straw Total d FA 55,932.00 523.725 IV 99 v Coustl action Cost Gratltng Description Quantity Unit Unit PAce Itern Amount Grading - Site Work- Clearing and Grubbing 2.5S AC St,519.00 $3,923 Cmading - Site Work - Demo Existing Trail 1.500 SF $3.00 54,500 Grading - Site Work - Demo Median 1 LS 55,000.00 $54000 Grading - Dirt Work - On -site Balanced Cut and Fill (Unel. Exc.) 6.000 CY $3.22 S 19.320 Grading Total 532,743 Erosion Control Description Quantity Unit Unit Price Item Amount Grading - Erosion Control - Inlets - Club Inlet Protection - Complete 4 EA $150000 $600 Grading - Erosion Control -Inlets - Drop Inlet Protection 2 EA $200,00 $400 Grading - Erosion Control - Drainage - Rock Check- Dam - Each EA 52,500.00 Grading - Erosion Control - Drainage - Silt Fence - With Wire Backing 2.500 LF $ L45 $3.625 Grading - Erosion Control - Grassins - Temn Irr. C Seed n2 Leonard Median 1 LS $17,500.00 S 17.500 St01'lII Description Quantity Unit Unit Price Item Amount Stone - RCP - Class BI - IS" LF $40.00 Storm - RCP - Class MII 21" ISO LF $70.00 $129600 Stone -Inlets - Recessed Curb - 20' 4 EA $5,932.00 521728 Storm -Inlets - Wye - 3' x 3' EA $3,000,00 Stone - Headwalls - Type B = T..xDOT (FW) - 18" FA $2,500.00 Storm - Headtalls- Sloped End Treatment (6:1)-IS" EA $1,500,00 Stone - Headwalls - Sloped End Treatment (6:1) - 21" EA $2,500.00 Storm - Headwalls - Sloped End Treatment (6:1) - 36" EA $64000,00 Stone - General - Type A Rock Rip-Rap-12"48" Dia - 24" Thick SY $90.00 Storm - General - Trench Safety 180 LF $0.90 S 162 Stone - Miscellaneous - Connections - To Existing RCP 2 EA 52400.00 $4,000 Storm - Miscellaneous - Flumes - Concrete - V Section - 4' x 4" x 3,600 psi Concrete LF $30.00 Stone - Miscellaneous - Grade to Drain LF $12.00 Stone - Miscellaneous - Traffic Control for Offsite Utility Construction EA $3500.00 Storva Total $40,490 EXHIBIT E Impact Fee Reimbursement Property EXHIBIT C The Roadway Project Fufucl5a+! hur. rnue ixiva� EXHIBIT F Phase 5 Roadway Project =xn-nfn� w.i.s �., Win.`. n�'w`�cr ® NV1d JN1AVd llV2i3A0 'mac r �J N IN33NI��J7N3`i g J, S I N N V S I► 5 35VNd — q 9NISSOU) NMOI VNNV N (j EXHIBIT G Phase 6 Roadway Project 1 ` ... ... ___........ _... r= 13 to // /OA yt \ \ A K s uww cZossv G/ ice\<4/ /• /wsna AuuA ' 1 / ftw .�`C/le ,HASE 5� h1., V� W q N Hz z e ,GRAPHIC SCME z W IE d< rvn't14..,�.. z `I' z W zap RE�DRD ORAWH•G .y".TY" . i....-d' - •is'.... a CCNINQ FPYI /AptF� a Benchmark ' t DEVEWPER: T lum IV PREPARED BY: j'""BANNISTER 1 E N GI NEERI NG ij E+isT ,. T-T E-I . T.... .xE•T E EXHIBIT H Mixed -Use Roadway Project cJ, PALLADtU+1 EXGTING MULTI-FF.I IILY SITE - p`e y �I f (M E.i piul E 'FFT�E UE .1�IH: �_'z1i lrnFE i•Y+LLE�_ wn n �w% n nC I+sT+LLE'. i Fx+� ANNACRossvNG ElF7 r.T PHASES SMGLE.FAWLY SRE t � \ r \ DF E I �. 3+y ANMi DA L rTE " SdfL-lEF�ALiA.AM Y SfitErr %/.41 Derr _.�T mii.mr ow i _ 1 -Ion raTF-1M=L FlArf L._E �_ E u T, ANNA TOWN CENTER FINLEY BLVD, IMPROVEMENTS EXHIBIT EXH-H