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HomeMy WebLinkAbout2018-11-13 Work Session & Regular Meeting Packet AGENDA City Council Work Session Tuesday, November 13, 2018 @ 6:30 P M A nna City Hall, Council Chambers 111 N. P owell P arkway, Anna, Texas 75409 T he C ity Council of the C ity of A nna will meet in Work Session at 6:30 P M, on November 13, 2018, at the A nna City Hall, L ocated at 111 North Powell Parkway (Hwy 5), to consider the following items. 1.Call to Order, Roll Call and Establishment of Quorum 2.Update on the process and timeline for the Villages of Hurricane Creek P I D/T I R Z District I mpovement B ond I ssuance a 3.Discussion on the November 27, 2018 A genda. a 4.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate personnel matters (Tex. Gov’t C ode §551.074); City Secretary Annual Review a d.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a The Council further reserves the ri ght to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the C ity of A nna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (I f there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 6.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at or before 5:00 p.m. on November 9, 2018. ___________________________________ Carrie L . S mith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session c oncerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate arrangements can be made. Item No. 2. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Update on the process and timeline for the Villages of Hurricane Creek P I D/T I R Z District I mpovement B ond I ssuance S UM M ARY: Hilltop Securities will be here to provide a presentation to discuss the process and timeline for the issuance of the Villages of Hurricane Creek P I D bond issuance. S TAF F RE C O M M E ND AT I O N: Item No. 3. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Discussion on the November 27, 2018 A genda. S UM M ARY: S TAF F RE C O M M E ND AT I O N: AGENDA Regular City Council Meeting Tuesday, November 13, 2018 @ 7:00 P M A nna City Hall, Council Chambers 111 N. P owell P arkway, Anna, Texas 75409 T he City Council of the City of A nna will meet in R egular S ession at 7:00 P M, on November 13, 2018, at the A nna City Hall, L ocated at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wi sh to speak on an open-session agenda i tem, please fill out the Opinion/Speaker Registration Form and turn it in to the Ci ty Secretary before the meeting starts. 1.Call to Order, Roll Call and Establishment of Quorum. 2.I nvocation and P ledge of A llegiance. 3.Citizen Comments. Citizens are allowed three mi nutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a.Recognize graduates from the 2018 Citizen's Academy. (Mayor P ike) a b.Proclamation to Anna Coyote Marching Band (Mayor P I ke) a c.Proclamation f or National Traffic I ncident R esponse Awareness Week of November 11-17, 2018. (Mayor Pike) a 5.Consent I tems. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a.Approve Council Meeting Minutes from October 23, 2018. (City Secretary) a b.Review minutes from the meeting of the E conomic Development Corporation from September 6, 2018 and October 4, 2018. (J essica P erkins) a c.Review minutes from the meeting of the Community Development Corporation from August 23, 2018, September 6, 2018 and O ctober 4, 2018. (J essica P erkins) a d.Review of minutes of the September 10, 2018 Planning and Z oning meeting. (Maurice Schwanke) a e.Review the minutes of the October 1, 2018 Planning and Zoning meeting. (Maurice Schwanke) a f.Approve a Resolution re-appointing Anthony Richardson to the Greater Texoma Utility Authority (G T UA) B oard of Directors. (City Secretary) a g.Approving a R esolution approving Contract Amendment 3 f or Environmental Services with Collin County. (Maurice S chwanke) a h.Approving a Resolution approving the West Crossing Phase 9 F inal Plat. (Maurice Schwanke) a i.Consider/Discuss/A ction on a R esolution approving the West Crossing Phase 11 F inal Plat. (Maurice S chwanke) a j.Approving a Resolution approving the Avery Pointe Phase 5 F inal Plat. (Maurice Schwanke) a k.Approving a Resolution approving the C handler D evelopment P lat. (Maurice Schwanke) a l.Approving a Resolution approving a special event application by K evin Hall, Executive Director and representative f or the G reater Anna Chamber of Commerce to sponsor a “Christmas P arade” event to be held on S aturday, December 8th, 2018. (Maurice S chwanke) a 6.Consider/Discuss/Action on a R esolution approving and authorizing the Mayor to execute a S econd Amendment to the Villages of Hurricane C reek Subdivision I mprovement Agreement. (City Attorney) a 7.P ublic Hearing: F or City Council to hear public comment regarding the creation of the Hurricane Creek P ublic I mprovement District. (City A ttorney) a 8.Consider/Discuss/Action regarding a Resolution approving the creation of the Hurricane Creek Public I mprovement District. (City Attorney) a 9.Consider/Discuss/Action on a Resolution A uthorizing the City Manager to enter into a Professional Service A greement with P3 Consulting (Dana T hornhill) a 10.Consider/Discuss/Action regarding a resolution appointing directors and a chairman to the board of directors of Tax I ncrement Reinvestment Zone Number One, City of Anna, Texas. (City Attorney) a 11.A ) Conduct a public hearing to consider public comments regarding a request by Don C ollins, the owner of the property. T he property is currently zoned Agricultural (A G). T he owner requests to replace the existing zoning to L ight Commercial (C-1). The property is located at the Northwest corner of the intersection of Highway 75 and F M 455 (W hite St). I t is on the East side of the future S tandridge B lvd. (Maurice S chwanke) B ) Consider/Discuss/A ction on an Ordinance approving the request by the owner of the property to replace the existing zoning with L ight Commercial (C-1). a 12.Consider/Discuss/Action on filling a vacancy on the E conomic Development Commission and Community Development Commission. (City Secretary) a 13.Consider/Discuss/Action regarding passing a Resolution approving a project and related incentive agreement f or a P hase I I I ncentive A greement f or new economic development with Q S eminole A nna Town C enter L .P., and the A nna Community Development Corporation. (J essica P erkins) a 14.Consider/Discuss/Action on a R esolution authorizing the C ity Manager to advertise for B ids f or a 1906 Alco 201 steam locomotive. P rovide brief discussion on funding. (Maurice S chwanke) a 15.Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the purpose of amending the City's R oadway Capital I mprovements P lan, L and Use A ssumptions and I mpact Fees. (J oseph J ohnson) a 16.Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the purpose of amending the City's Water & Wastewater Capital I mprovements P lan, L and Use Assumptions and I mpact F ees. (J oseph J ohnson) a 17.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate personnel matters (Tex. Gov’t C ode §551.074); City Secretary Annual Review a d.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a The Council f urther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings A ct. 18.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the C ity of A nna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (I f there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 19.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at or before 5:00 p.m. on November 9, 2018 ___________________________________ Carrie L . S mith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session c oncerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate arrangements can be made. Item No. 4.a. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Recognize graduates from the 2018 Citizen's A cademy. (Mayor Pike) S UM M ARY: Although this year's class was small they had excellent attendance and were very attentive. J oin me in recognizing: 1. Cheryl Armstrong (perfect attendance) 2. Shava I very 3. David Morales 4. Marietta Schell 5. J oe Crowder S TAF F RE C O M M E ND AT I O N: City of Anna, Texas Proclamation ANNA COYOTES MARCHING BAND WHEREAS, the more than 175 members of the Anna Coyotes Marching Band have dedicated hundreds of hours of work, starting even before the first day of school, preparing, practicing, performing, and competing, for the 2018-2019 school year, and WHEREAS, band students focus on teamwork, discipline, leadership, and perfecting musical skills, and WHEREAS, the 2018 show, “Icarus” was a tremendous success and the Band earned many awards including Division 1 Rating at UIL Region 25 Marching Band Contest; Area Finalist, placing 5th overall at the UIL Area B Marching Contest; 2nd place at the McKinney Marching Invitational State Qualifier, placing 19th at the State Marching Contest (This was the first time in the history of Anna High School that the band has advanced to the State Marching Contest.), and WHEREAS, Band Directors for the year are Justin Wallace, Austin Snow, Curtis McCarthy, Josh Hawks and Christina Biyeu, and WHEREAS, the Anna Coyotes Marching Band enjoyed unparalleled support from parents and the community in building props, feeding large groups of hungry band students, and seeking donations to make the season possible each year, and WHEREAS, the Municipal Courts serve as the local justice center for the enforcement of local ordinances and fine-only state offenses that protect the peace and dignity of our community, NOW THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, by the authority vested in me, do hereby commend the 2018 ANNA COYOTES MARCHING BAND on their outstanding performance and on earning a place in the State Marching Contest. I also encourage all Anna citizens to support the Band and to recognize these hardworking students and band directors as they represent our community. In witness, whereof I have hereunto set my hand this 13th day of November 2018 and called this seal to be affixed. ________________________________________ Mayor Nate Pike City of Anna, Texas ProclamationProclamationProclamationProclamation NATIONAL TRAFFIC INCIDENT RESPONSE AWARENESS WEEK November 11-17, 2018 WHEREAS, every minute of every day emergency responders across the country work tirelessly to help save lives at the scene of traffic incidents; and WHEREAS, every year hundreds of emergency responders experience close calls, or are struck and either injured or killed while responding to these incidents, and at incident scenes; and WHEREAS, it is important that drivers understand they are also at risk or injury or death in and around these scenes. The response of a driver is just as important as the response of the person towing a vehicle, rescuing the trapped, healing the injured and investigating the incident; and WHEREAS, November 11-17, 2018, has been designated by the Federal Highway Administration as National Traffic Incident Response Awareness Week to draw public awareness to the dangers emergency responders face when reacting to a traffic incident; THEREFORE, BE IT RESOLVED, the City Council of the City of Anna, Texas does hereby proclaim the week of November 11-17, 2018 to be National Traffic Incident Response Awareness Week in Anna, Texas, and urge all citizens to work together to help reduce these unnecessary secondary crashes. In witness, whereof I have hereunto set my hand this 13th day of November, 2018 and called this seal to be affixed. ________________________________________ Nate Pike, Mayor Item No. 5.a. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pprove Council Meeting Minutes from October 23, 2018. (City S ecretary) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Work Session 10/29/2018 Exhibit Regular Session 10/29/2018 Exhibit A NNA C I T Y C O UNC I L M I NUT E S W O R K S E S S I O N October 23, 2018 T he City Council of the City of Anna met in Work S ession on the above date at A nna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1.Call to Order, Roll Call and E stablishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Member Reeves was absent. 2.Discuss/Consider/Action on appointing boards and commissions Council M ember liaisons. (City M anager) No Action. 3.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council board appointments. a d.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a e.Deliberation regarding security devices or security audits. (Tex. Gov’t Code §551.076 and §551.089). a MO T I O N: Council Member B ryan moved to enter closed session. Council Member Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:40 p.m. Mayor Pike reconvened the meeting at 7:38 p.m. The Council further reserves the ri ght to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the C ity of A nna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No Action. 5.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. Mayor Pike adjourned the meeting at 7:38 p.m. Approved on the November 13, 2018. ________________________ Mayor Nate Pike AT T E S T: __________________________ City Secretary Carrie L . Smith A NNA C I T Y C O UNC I L M I NUT E S R E G UL A R S E S S I O N October 23, 2018 1.Call to Order/Roll Call and E stablishment of Quorum Mayor Pike called the meeting to order at 7:38 p.m. A ll Council Members were present. 2.Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3.Citizen Comments. Citizens are allowed three mi nutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. None. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a.Proclamation for Municipal Court Week b.Recognition of Mayor Pike for receiving the 40 under Forty Award c.Anna Harvest Fest, October 27, 2018, 12:00 p.m. to 6:00 p.m. 5.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a.Approve City Council Meeting Minutes for October 9, 2018. (City S ecretary) b.Review the meeting minutes of the Economic Development Corporation from J une 7, 2018; J uly 12, 2018; and August 2, 2018. (J essica P erkins) c.Review the meeting minutes of the C ommunity Development Corporation from J une 7, 2018; J uly 12, 2018; and August 2, 2018. (J essica P erkins) d.Review Quarterly I nvestment Report (Dana Thornhill) e.Approve an Ordinance approving the 2018 Tax Roll (Dana T hornhill) A N O R D I NA NC E A P P R O V I NG T HE 2018 TA X R O L L F O R T HE C I T Y O F A NNA, T E X A S f.Approve a Resolution I dentif ying the C ity Manager as the Authorized Official on the C hild Abuse/F amily Violence I nvestigator Grant No. 3076603. (Chief Caponera) A R E S O L UT I O N O F T HE C I T Y O F A NNA , T E X A S A P P R O V I NG A ND D E S I G NAT I NG T HE C I T Y MA NA G E R A S T HE G R A NT E E'S A UT HO R I Z E D O F F I C I A L O F T HE G R A NT A P P L I C AT I O N F O R T HE C HI L D A B US E /FA MI LY V I O L E NC E I NV E S T I G ATO R P R O J E C T TO T HE O F F I C E O F T HE G O V E R NO R, C R I MI NA L J US T I C E D I V I S I O N. g.Approve a Resolution I dentif ying the C ity Manager as the Authorized Official on the S chool R esource Officer Program, G rant No. 2921203. (Chief Caponera) A R E S O L UT I O N O F T HE C I T Y O F A NNA, T E X A S A P P R O V I NG A ND D E S I G NAT I NG T HE C I T Y MA NA G E R A S T HE G R A NT E E 'S A UT HO R I Z E D O F F I C I A L O F T HE G R A NT A P P L I C AT I O N F O R T HE S C HO O L R E S O UR C E O F F I C E R P R O J E C T TO T HE O F F I C E O F T HE G O V E R NO R, C R I MI NA L J US T I C E D I V I S I O N. h.Approve a Resolution I dentif ying the C ity Manager as the Authorized Official on the R MS E nhancements for NI B R S Compliance, Grant No. 3679601. (Chief Caponera) A R E S O L UT I O N O F T HE C I T Y O F A NNA , T E X A S A P P R O V I NG A ND D E S I G NAT I NG T HE C I T Y MA NA G E R A S T HE G R A NT E E'S A UT HO R I Z E D O F F I C I A L O F T HE G R A NT A P P L I C AT I O N F O R T HE R MS E HA NC E ME NT S F O R NI B R S C O MP L I A NC E G R A NT TO T HE O F F I C E O F T HE G O V E R NO R, C R I MI NA L J US T I C E D I V I S I O N. i.Approve a resolution setting a public hearing under Sec. 372.009 of the Texas L ocal Government Code on the advisability of the creation of a public improvement district and improvements f or the Villages of Hurricane Creek within the C ity of A nna, Texas; and authorizing the issuance of notice by the city secretary of A nna, Texas regarding the public hearing. (City A ttorney) A R E S O L UT I O N S E T T I NG A P UB L I C HE A R I NG UND E R S E C. 372.009 O F T HE T E X A S L O C A L G O V E R NME NT C O D E O N T HE A D V I S A B I L I T Y O F T HE C R E AT I O N O F A P UB L I C I MP R O V E ME NT D I S T R I C T A ND I MP R O V E ME NT S W I T HI N T HE C I T Y O F A NNA, T E X A S ; A ND A UT HO R I Z I NG T HE I S S UA NC E O F NO T I C E B Y T HE C I T Y S E C R E TA RY O F A NNA, T E X A S R E G A R D I NG T HE P UB L I C HE A R I NG. MO T I O N: Council Member B eazley moved to approve the consent agenda. Council Member Miller seconded. Motion carried 7-0 6.Conduct a P ublic Hearing for the purpose of receiving public comment on proposed amendments to the City's Water & Wastewater Capital Improvements Plan, Land Use Assumptions, and Impact F ees. (J oseph J ohnson) a I mpact fees are authorized under C hapter 395 of the L ocal G overnment C ode and may be imposed upon new developments to f und both existing and proposed infrastructure that is necessary to provide service to a development. T he last water and wastewater impact fee update was completed in March 2017. B y statute, the City is required to review the L and Use Assumptions and Capital I mprovement P lan (C I P) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Over the past several months, staf f has worked with our engineering consultant to identify water and wastewater inf rastructure projects that should be added to our C I P. S ubsequently, land use assumptions, population projections, and calculated maximum f ees were evaluated with new recommendations f or the population projections and calculated maximum fees. On S eptember 10, 2018, the updated Water & Wastewater I mpact F ee Report was presented to the I mpact Fee A dvisory Committee which subsequently took action approving a letter addressed to the C ouncil concurring with the findings of the report and finding that the report is in general compliance with Texas L ocal Government C ode C hapter 395. A t the C ouncil Meeting held on S eptember 11, 2018, Council approved a R esolution setting a Public Hearing for October 23, 2018 at 7:30 p.m. for the purpose of receiving public comment. Additionally, the report was made available to the public. Mayor Pike opened the public hearing at 8:06 p.m. No comments. Mayor Pike closed the public hearing at 8:07 p.m. 7.Conduct a P ublic Hearing for the purpose of receiving public comment on proposed amendments to the C ity's Roadway Capital Improvements P lan, Land Use Assumptions, and Impact Fees. (J oseph J ohnson) a I mpact fees are authorized under C hapter 395 of the L ocal G overnment C ode and may be imposed upon new developments to f und both existing and proposed infrastructure that is necessary to provide service to a development. T he last roadway impact fee update was completed in 2014. B y statute, the City is required to review the L and Use Assumptions and Capital I mprovement Plan (C I P ) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Over the past several months, staf f has worked with our engineering consultant to identify street infrastructure projects that should be added to our C I P. S ubsequently, land use assumptions, population projections, and calculated maximum f ees were evaluated with new recommendations f or the population projections and calculated maximum fees. On S eptember 10, 2018, the updated R oadway I mpact F ee Report was presented to the I mpact F ee A dvisory Committee which subsequently took action approving a letter addressed to the C ouncil concurring with the findings of the report and finding that the report is in general compliance with Texas L ocal Government Code Chapter 395. At the Council Meeting held on September 11, 2018, Council approved a R esolution setting a Public Hearing for October 23, 2018 at 7:30 p.m. for the purpose of receiving public comment. Additionally, the report was made available to the public. Mayor Pike opened the public hearing at 8:17 p.m. No comments. Mayor Pike closed the public hearing at 8:17 p.m. 8.Consider/Discuss/Action regarding a Resolution of the C ity C ouncil of the City of Anna, Texas, setting forth its support to the approval of the 2018 Bond P rogram proposed by Collin County. (J oseph J ohnson) a On May 7, 2018, the Collin County C ommissioners C ourt unanimously agreed to hold a transportation bond election on November 6, 2018. A t the O ctober 9, 2018 City C ouncil Meeting, Mr. Corbett Howard, who represents the Executive Bond Committee, provided a presentation regarding the proposed bond program. The R esolution, if approved, would indicate the City of Anna's support f or the proposed bond election for transportation improvements called by Collin County for November 6, 2018. T he proposition is estimated to be over $600 million, and is expected to include funding f or local roadways, including limited-access roads (L A R S). I t is expected that the passage of the bond program will not result in a tax increase for property owners. A R E S O L UT I O N O F T HE C I T Y C O UNC I L O F T HE C I T Y O F A NNA , T E X A S S E T T I NG F O RT H I T S S UP P O RT O F T HE P R O P O S E D B O ND P R O G R A M E L E C T I O N F O R T R A NS P O RTAT I O N I MP R O V E ME NT S TO B E C A L L E D B Y T HE C O L L I N C O UNT Y C O MMI S S I O NE R S C O URT F O R NO V E MB E R 6, 2018; A ND P R O V I D I NG A N E F F E C T I V E D AT E . MO T I O N: Mayor P ike moved to approve. C ouncil Member Beazley seconded. Motion carried 7-0. 9.Consider/Discuss/Action regarding a Resolution authorizing the City M anager to execute an engineering task order with Cobb F endley & Associates, Inc. for the Rosamond Parkway Project. (J oseph J ohnson) a The R osamond P arkway Project consists of approximately 5,800 linear feet of 4- lanes of an ultimate 6-lane divided thoroughf are within a 120-f oot right of way from the current terminus of R osamond P arkway near the A nna High S chool to US 75. The project, when constructed, will provide an additional east-west route from US 75 to the City's population center, relieving the intersections of F M 455 with US 75 and S H 5. The project aligns with the C ity's adopted S trategic Plan goal "B uild Transportation I nf rastructure" in which the comprehensive strategy is to design and build transportation projects that relieve traffic congestion. T he R osamond P arkway P roject is listed as a specific project within the Strategic P lan. The project meets certain eligibility criteria for various funding opportunities and moving the project f orward to "shovel-ready" status further positions the project for funding from outside sources. Tasks I through V are for a total not-to-exceed amount of $696,500. F unding is available for the project design in the City of A nna 2018 C ertif icate of Obligation B ond issue. A R E S O L UT I O N O F T HE C I T Y C O UNC I L O F T HE C I T Y O F A NNA , T E X A S A P P R O V I NG A ND A UT HO R I Z I NG T HE C I T Y MA NA G E R TO A C T O N T HE C I T Y'S B E HA L F I N E X E C UT I NG A N E NG I NE E R I NG TA S K O R D E R W I T H C O B B F E ND L E Y & A S S O C I AT E S , I NC . F O R T HE R O S A MO ND PA R K W AY P R O J E C T. MO T I O N: Council Member B ryan moved to approve. C ouncil Member Miller seconded. Motion carried 7-0. 10.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council board appointments. a d.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a e.Deliberation regarding security devices or security audits. (Tex. Gov’t Code §551.076 and §551.089). a MO T I O N: Council Member B eazley moved to enter closed session. Council Member Miller seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 8:25 p.m. Mayor Pike reconvened the meeting at 9:31 p.m. 11.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No Action. 12.Adjourn. Mayor Pike adjourned the meeting at 9:31 p.m. Approved on the November 13, 2018. ________________________ Mayor Nate P ike AT T E S T: __________________________ City Secretary Carrie L . Smith Item No. 5.b. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Review minutes from the meeting of the E conomic Development Corporation from September 6, 2018 and October 4, 2018. (J essica Perkins) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type 9-6-2018 E D C Minutes 11/6/2018 Backup Material 10-4-2018 E D C Minutes 11/6/2018 Backup Material Anna Economic Development Corporation Meeting Minutes Thursday, September 6, 2018 at 5:00 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Josh Vollmer, Bruce Norwood, Stan Carver, Shelby Miles, Doug Hermann CDC Board Members Absent: Jim Gurski Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Josh Vollmer called the meeting to order at 6:35 pm. 2. Citizen Comments. No citizens came forward to speak at citizen comments. 3. Consider/Discuss/Action regarding passing a resolution approving the Fiscal Year 2018-2019 Budget. Stan Carver made a motion to pass a resolution of the Anna Economic Development Corporation adopting the FY 2018-2019 Fiscal Year Budget. Anthony Richardson seconded the motion. All were in favor. Motion passed. 4. Consider/Discuss/Action regarding changing the meeting time of EDC monthly meetings. Anthony Richardson made a motion to change the meeting time to 6:30 pm. Bruce Norwood seconded the motion. All were in favor. Motion passed. 5. Consider/Discuss/Action regarding minutes from July 12, 2018 and August 2, 2018. Stan Carver made a motion to approve the minutes from July 12, 2018 and August 2, 2018. Shelby Miles seconded the motion. All were in favor. Motion passed. I NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 9-6-2018 Reg EDC Meeting — Page 1 6. Adjourn. Doug Hermann made a motion to adjourn the meeting at 6:51 pm. Anthony Richardson seconded the motion. All were in favor. Motion passed. President of EDC ATTESTED: (�— .- J Lq, Jim Gur Secretary of EDC NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 9-6-2018 Reg EDC Meeting — Page 2 Anna Economic Development Corporation Meeting Minutes Thursday, October 4, 2018 at 6:30 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Josh Vollmer, Bruce Norwood, Stan Carver, Shelby Miles CDC Board Members Absent: Doug Hermann, Jim Gurski Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Anthony Richardson called the meeting to order at 9:30 pm. 2. Citizen Comments. No citizens came forward to speak at citizen comments. 3. Conduct a Workshop to Develop a Workplan for the Economic Development Corporation. The workshop was conducted as part of the CDC meeting and applies to the EDC meeting as well. 4. Consider/Discuss/Action regarding approving the minutes from October 4, 2018. Bruce Norwood made a motion to approve the minutes from October 4, 2018. Josh Vollmer seconded the motion. All were in favor. Motion passed. 5. Adjourn. Stan Carver made a motion to adjourn the meeting at 9:37 pm. Josh Vollmer seconded Aotion passed. President of EDC ATTESTED: . J_im�. Gurski b cretary of EDC 'NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANf LEGAL NOTICE: The Corporation may vote and/or act upon each ofthe items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-4-2018 Reg EDC Meeting — Page 1 Item No. 5.c. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Review minutes from the meeting of the Community Development Corporation from A ugust 23, 2018, S eptember 6, 2018 and October 4, 2018. (J essica Perkins) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type 8-23-2018 C D C Minutes 11/6/2018 Backup Material 9-6-2018 C D C Minutes 11/6/2018 Backup Material 10-4-2018 C D C Minutes 11/6/2018 Backup Material Anna Community Development Corporation coMt:, Meeting Minutes DEVELOP Thursday, August 23, 2018 at 5:00 pm CORPORA I I. Special Workshop Meeting Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Jim Gurski, Bruce Norwood, Stan Carver, Shelby Miles, Josh Vollmer Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Meeting called to order by Anthony Richardson at 5:20 pm. 2. Invocation and Pledge of Allegiance. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. No citizens came forward to speak at citizen comments. 4. Consider/Discuss/Action on a resolution authorizing a budget amendment for the FY 2017-2018 Budget. Stan Carver made a motion to approve the resolution authorizing a budget amendment for the FY 2017-2018 Budget. Bruce Norwood seconded the motion. All in Favor. Motion passed. 5. Consider/Discuss/Review of FY 2018-2019 Budget. Staff went over the proposed budget with the CDC Board. The CDC Board questioned the $94,000 Other Services line item used towards Parks' operations costs. The CDC Board would like the City to take on the line item for the Parks' operations costs so the CDC can use those funds for Community and Economic Development purposes. The CDC directed staff to discuss the line item with the City Manager and Finance Director to see if the $94,000 Other Services line item could be decreased in the FY 2018-2019 Budget. 6. Consider/Discuss/Workshop a 5-Year Workplan for Community & Economic Devel- opment. Staff conducted a workshop with the CDC Board to create a workplan for future Community and Economic Development efforts. A workplan is needed to allocate resources efficiently and effectively, increase the quality of life amenities, increase the IMPORTANT LEGAL NOTICE: The Corporation may vole and/or act upon each of the items listed in this agenda. "Ihe Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legal ly iusti tied under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 8-23-2018 Special CDC Minutes.doc tax base, provide jobs and compete locally, regionally and nationally. Anna is one of the fastest growing cities in DFW, therefore, a workplan will help the City manage and direct growth. A SWOT, (Strengths, Weaknesses, Opportunities and Threats), Analysis was conducted with the CDC Board. The workshop will continue at the September 6, 2018 meeting. Thus far, workshop results are showing one of the highest ranked items to work on in the upcoming fiscal year is branding. 7. Adjourn Anthony Richardson made a motion to adjourn the meeting. Josh Vollmer seconded the motion. Meeting was adjourned at 7:36 pm. APPROVED i Antny dJm President of CDC Set of CDC riY IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 8-23-2018 Special CDC Minutes.doc Anna Community Development Corporation Meeting Minutes Thursday, September 6, 2018 at 5:00 pm Anna Community Development Corporation Meeting Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Doug Hermann, Bruce Norwood, Stan Carver, Shelby Miles, Josh Vollmer CDC Board Members Absent: Jim Gurski Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Meeting called to order by Anthony Richardson at 5:09 pm. 2. Invocation and Pledge of Allegiance. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. No citizens came forward to speak at citizen comments. 4. Consider/Discuss/Action on regarding a resolution approving the Fiscal Year 2018-2019 budget and authorizing publication of adopted budget. Staff explained there had been changes in the CDC Budget from the previous meeting. Approximately, $94,000 in the CDC Budget, line item for Other Services, Parks Operations & Maintenance, had been given back to the CDC. However, half the Assistant to the City Manager's salary was placed back in the CDC budget to reflect the position's role and time spent in Community & Economic Development. This left an estimated surplus of $49,423 to reallocate within the CDC Budget. Stan Carver made a motion to pass the resolution of the Anna Community Development Corporation Adopting the FY 2018-2019 Fiscal Year Budget and Authorizing Publication of Notice of Projects with the following changes: line item 6735, promotion expense, to receive an additional $38,000, and line item 6799, other services — misc., to receive an additional $11,423. Doug Hermann seconded the motion. All were in favor. Motion passed. 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 9-06-2018 Regular CDC Minutes.doc 5. Consider/Discuss/Action regarding passing a resolution approving a project and related incentive agreement for new economic development with Q Seminole Anna Town Center L.P., the Anna Economic Development Corporation, and the City of Anna. The Board went into closed session as authorized by item #7 on the agenda to discuss the incentive agreement with Q Seminole Anna Town Center L.P. 6. Consider/Discuss/Workshop to develop a workplan for the Community Development Corporation. Staff conducted its second workshop with the CDC Board to create a workplan for future Community and Economic Development efforts. A workplan is needed to allocate resources efficiently and effectively, increase the quality of life amenities, increase the tax base, provide jobs and compete locally, regionally and nationally. A third workshop will be held on October 4, 2018. 7. Closed Session. Josh Vollmer made a motion to go into Executive, Closed, Session at 5:28 pm to discuss or deliberate Economic Development Negotiations. Shelby Miles seconded the motion. All were in favor. Motion passed. Doug Hermann made a motion to return to Open, Public, Session at 6:05 pm. Josh Vollmer seconded the motion. All were in favor. Motion passed. 8. Consider/Discuss/Action regarding changing the meeting time of CDC monthly meetings. Bruce Norwood made a motion to change the meeting time to 6:30 pm. Shelby Miles seconded the motion. All were in favor. Motion passed. 9. Consider/Discuss/Action regarding minutes from July 12, 2018, August 2, 2018, and August 23, 2018. Stan Carver made a motion to approve the minutes from July 12, 2018, August 2, 2018 and August 23, 2018. Josh Vollmer seconded the motion. All were in favor. Motion passed. 10. Finance Report. Review Only. 11. Adjourn Anthony Richardson made a motion to recess the CDC meeting at 6:37 pm and resume after the EDC meeting. Stan Carver seconded the motion. All were in favor. Motion passed. 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 9-06-2018 Regular CDC Minutes.doc Doug Hermann made a motion to adjourn at 6:51 pm. Anthony Richardson seconded the motion. All were in favor. Motion passed. ATTESTED: Anthony Richardson President of CDC t ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting of the Anna Community Development Corporation maybe delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 9-06-2018 Regular CDC Minutes.doc Anna Community Development Corporation Meeting Minutes Thursday, October 4, 2018 at 6:30 pm Anna Community Development Corporation Meeting Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Bruce Norwood, Stan Carver, Shelby Miles, Josh Vollmer CDC Board Members Absent: Doug Hermann, Jim Gurski Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Meeting called to order by Anthony Richardson at 6:40 pm. 2. Invocation and Pledge of Allegiance. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. No citizens came forward to speak at citizen comments. 4. Consider/Discuss/Action regarding passing a resolution approving an annual sponsorship agreement with the Greater Anna Chamber. Kevin Hall, Executive Director, spoke to the CDC Board about the annual events put on by the Greater Annual Chamber of Commerce. The sponsorship agreement includes the following events and sponsorship levels from the CDC Board: Harvest Fest, $16,000, Christmas Parade & Winter Wonderfest, $3,000, Annual Banquet, $5,000, Golf Tournament, $3,000, July 4th Fireworks, $15,000. Stan Carver made a motion to pass a resolution authorizing the Chief Administrative Officer to sign the sponsorship agreement with the Greater Anna Chamber of Commerce. Josh Vollmer seconded the motion. All were in favor. Motion passed. 5. Consider and discuss prospect history for the Anna Business Park with David Funderburgh. David Funderburgh, President, Funderburgh Realty came and spoke with the CDC Board regarding the project history of Anna Business Park. Below is a list of activities and projects Mr. Funderburgh has been involved in since the purchase of the property. 1 ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-4-2018 Regular CDC Minutes.doc December 2016 January through April 2017 June through September 2017 November 2017 through Present Prospects — Purchase of Anna Business Park —Zoning, PD and CCR's, Utilities — Constructed Water Line — Entry Monument Signage Project Cake, Project Jewell, Project Frost, Team ProMark, BBM, Proxy Clean, Road Armor, KS 6. Conduct a workshop to develop a workplan for the Community Development Corporation. Staff conducted its third workshop with the CDC Board to create a workplan for future Community and Economic Development efforts. A workplan is needed to allocate resources efficiently and effectively, increase the quality of life amenities, increase the tax base, provide jobs and compete locally, regionally and nationally. Upon completion of the third workshop, staff will provide a survey to the CDC Board. The results from the workshop sessions and survey will be used to make a workplan for Community & Economic Development. 7. Closed Session. Josh Vollmer made a motion to go into Executive, Closed, Session at 7:19 pm to discuss or deliberate Economic Development Negotiations. Bruce Norwood seconded the motion. All were in favor. Motion passed. Stan Carver made a motion to return to Open, Public, Session at 8:05 pm. Shelby Miles seconded the motion. All were in favor. Motion passed. 8. Consider/Discuss/Action regarding minutes from September 6, 2018. Bruce Norwood made a motion to approve the minutes from September 6, 2018. Shelby Miles seconded the motion. All were in favor. Motion passed. 9. Adjourn Josh Vollmer made a motion to adjourn the meeting at 9:30 pm. Shelby Miles seconded the mofjon. All were in favor. Motion passed. Anthony Richardson President of CDC ATTESTED: Q, 'r�'z Jim rski Secretary of CDC t ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting of the Anna Community Development Corporation maybe delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-4-2018 Regular CDC Minutes.doc Item No. 5.d. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Review of minutes of the S eptember 10, 2018 P lanning and Zoning meeting. (Maurice Schwanke) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type September Meeting Minutes 11/7/2018 Exhibit MINUTES PLANNING AND ZONING COMMISSION September 10, 2018 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on September 10, 2018, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:01 pm. Members present were Sandy Setliff, Don Callaham, Wayne Barton, Janine Johnson, Donald Henke, Carol Watts and Leslie Voss. Staff present was Maurice Schwanke and Alexis Vanderslice. 2. Invocation and Pledge of Allegiance Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Action on recommendation regarding "Texas Shotcrete" development plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The Texas Shotcrete development plat is generally known as 9636 County Road 419. The northern section of the property is located within our city limits, but the proposed additions are in the southern half of the property that is located within Anna's extra territorial jurisdiction. The tract is in the Hiram Brinlee Survey, Abstract No. 30 and contains 29.638 acres of land. The owner is proposing to build an office, concrete plant, and clean out area for the trucks on the property. A motion was made by Commissioner Henke, seconded by Commissioner Setliff to recommend approval of the development plat. The vote was unanimous. Consider/Discuss/Action on recommendation regarding "Pin Oaks Christian Fellowship Addition" development plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The Pin Oaks Christian Fellowship Addition development plat is located within Anna's extra territorial jurisdiction and generally known as 2620 County Road 1106. The tract is n the Robert Whitaker Survey, Abstract No. 1011 and contains 9.36 acres of land. The owner is submitting plans for the property since they recently enclosed a previous walkway to add on to their main building. A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend approval of the development plat. The vote was unanimous. 5. Consider/Discuss/Action on recommendation regarding "Anna Ranch" preliminary plat. Commissioner Voss recused herself from this agenda item. Mr. Schwanke then gave a brief presentation and answered questions from the Commission. The Anna Ranch PZ Minutes 09-10-18 Page 1 of 3 09-10-18 preliminary plat contains 52.21 acres in phase one and 191.50 acres in the future phases, located in the D.E.W. Barb Survey, Abstract No. 33 and the Grandison Stark Survey, No. 798. This tract is located on the East Side of Highway 5 between the southern border of the Anna Crossing Subdivision and North of the Outer Loop. The preliminary plat is for 272 lots within phase one and three future tracts. The area is currently zoned with a PD for mixed use zoning. A motion was made by Commissioner Watts, seconded by Commissioner Henke to recommend approval of the preliminary plat. Commissioner Barton voted no while the remaining Commissioners voted yes. The plat was approved 5-1. 6. A) Conduct a public hearing to consider public comments regarding the consideration of an amendment to classify a new use not described in the zoning ordinance (Dog Grooming). The public hearing opened at 7:22 pm. Mr. Schwanke gave a brief explanation of the new, proposed use and the staffs recommendations on the proposed classification and specific regulations. The proposal for the addition for this specific use stems from a letter of intent from Bow Wow Boutique to request to occupy a building on 811 S. Interurban for use as a Dog Grooming facility for their business. The property is currently zoned C-1 for commercial use. It is the belief of the Planning department that Dog Grooming would be an appropriate use within C-1 zoning given the following parameters. • Dog Grooming shall be defined as a retail establishment where dogs are housed within the building while services specific to grooming take place. • A retail section may be allowed for the sale of grooming products, leashes, collars, tags, toys, treats, etc. • No outside storage or kenneling shall be allowed. • If the business is within a single -use building (with no other tenants), they may have a screened/fenced in area for the dogs to relieve themselves while waiting to be groomed. All dogs must be supervised at all times and on a leash while outside of the building. • If the business is within a building with any additional tenants, all pet grooming activities shall be conducted within the building and there will be no allowance for dog clean-up stations or designated relief areas surrounding the building or parking lots. • Dogs shall be required to be on a leash while entering and exiting the building. The current applicants are planning on having three grooming stations, six kennels, and a small retail section for treats, toys, and grooming products. They are expected to have a total of four employees. Danielle Chapa, Heather Cadaret, Sandy McAllister, Maria Cash -Perkins, and Mike Lake also spoke in favor of the zoning and in support of the Bow Wow Boutique. The public hearing was closed at 7:30 pm. PZ Minutes 09-10-18 Page 2 of 3 09-10-18 B) Consider/Discuss/Action on a recommendation regarding the consideration of an amendment to classify a new use not described in the zoning ordinance (Dog Grooming). A motion was made by Commissioner Setliff to approve the zoning request with the requested staff recommendations, seconded by Commissioner Barton. The vote was unanimous. 7. Consider/Discuss/Action on recommendation regarding "Mudpies Dog Grooming Facility" site and landscape plan. Mr. Schwanke gave a brief presentation and answered questions from the Commission. Danielle Chapa, representative of the property, submitted the site and landscape plan for Mudpies Dog Grooming Facility located at 811 S. Interurban St. The site contains approximately 1 acre of land that is zoned CA They plan to add additional office space and a dog grooming business to an existing 1,799 square foot, one-story building. They have proposed to provide an alternative live screening wall to comply with the zoning requirement for a six-foot masonry wall adjacent to the surrounding, single-family properties. A motion was made by Commissioner Henke to approve the site and landscape plan including the living screen wall, seconded by Commissioner Callaham. The vote was unanimous. 8. Consider action to approve minutes of the August 6, 2018 Planning and Zoning meeting. A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to approve the August meeting minutes. The vote was unanimous. 9. Adjourn A motion was made by Commissioner Johnson, seconded by Commissioner Barton to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:39 pm. Maurice Schwanke Director of Planning and Development ATTEST: Gismo L;'� PZ Minutes 09-10-18 Page 3 of 3 09-10-18 Item No. 5.e. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Review the minutes of the October 1, 2018 P lanning and Zoning meeting. (Maurice S chwanke) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type October Meeting Minutes 11/7/2018 Exhibit MINUTES PLANNING AND ZONING COMMISSION October 1, 2018 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on October 1, 2018, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following tems. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:01 pm. Members present were Sandy Setliff, Wayne Barton, Janine Johnson, Donald Henke and Leslie Voss. Don Callaham was absent, and Carol Watts has resigned from the commission. Staff present was Maurice Schwanke and Alexis Vanderslice. 2. Invocation and Pledge of Allegiance Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Action on a recommendation regarding B. Roper Final Plat. Mr. Schwanke gave a brief presentation and answered questions from the Commission. The B. Roper Addition Final Plat is located in the John C. Farris Survey, Abstract No. 331, The plat contains approximately 1.915 acres consisting of one lot and located at 916 W. White St. A motion was made by Commissioner Henke, seconded by Commissioner Setliff to recommend approval of the final plat. The vote was unanimous. 4. A) Conduct a public hearing to consider public comments regarding a request by J.R. Douglas, the representative for Anil Dhudshia, the owner of the property. The property is currently zoned Single Family Residential Estate (SF-E). The owner requests to replace the existing zoning to a proposed Planned Development for Single Family Residential (SF-72). The property is located North of Lakeview Estates subdivision off Ferguson Rd and South of Rattan Elementary. The public hearing opened at 7:05 pm Mr. Schwanke gave a brief presentation of what they are proposing and why the staff recommends approval of the zoning request. Jim Douglas spoke briefly to explain their intentions for the tract. It will be a continuation of the Lakeview Estates subdivision using the same Bloomfield product as the other phases. He also explained that in the future preliminary plat they chose to use the existing entrances from Phase 1 and 2 so that it will not cause any confusion with school traffic at the Elementary. The public hearing was closed at 7:17 pm. B) Consider/Discuss/Action on a recommendation regarding the request by the applicant and owner of the property to replace the existing zoning with a new Planned Development zoning. A motion was made by Commissioner Setliff to approve the zoning request, seconded by Commissioner Henke. The vote was unanimous. 5. (A) Conduct a public hearing to consider public comments regarding a request by J.R. Douglas, the representative for Anil Dhudshia, the owner of the property. The property is currently zoned PZ Minutes 10-01-18 Page 1 of 2 10-01-18 Single Family Residential Estate (SF-E). The owner requests to replace the existing zoning to a proposed Planned Development for C-1 Commercial for the specific use of a Daycare. The property is located North of Lakeview Estates subdivision off Ferguson Rd and South of Rattan Elementary. The public hearing opened at 7:18 pm. Mr. Schwanke gave a brief presentation of what they are proposing and why the staff recommends approval of the zoning request. Jim Douglas spoke briefly on behalf of the owner of the property to explain the background of the property sale. Since the owner originally bought the land with the intention of using it as commercial, this is why the owner is proposing the commercial use of a daycare for this section of the tract. The owner already has someone lined up that is ready to develop the daycare so there should be no future issue with the proposed zoning of this tract. The public hearing was closed at 7:26 pm (B) Consider/Discuss/Action on a recommendation regarding the request by the applicant and owner of the property to replace the existing zoning with a new Planned Development zoning. A motion was made by Commissioner Johnson to approve the zoning request, seconded by Commissioner Voss. The vote was unanimous. 6. Consider action to approve minutes of the September 10, 2018 Planning and Zoning meeting. Since the minutes did not get exported with the agenda packet, this item was tabled until next month. Adjourn A motion was made by Commissioner Johnson, seconded by Commissioner Setliff to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:28 pm. ATTEST: 1 �%GZJ'�C�" t. Maurice Schwanke Director of Planning and Development PZ Minutes 10-01-18 Page 2 of 2 10-01-18 Item No. 5.f. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pprove a Resolution re-appointing Anthony Richardson to the Greater Texoma Utility Authority (G T UA) B oard of Directors. (City Secretary) S UM M ARY: December 31, 2018 current Anna GT UA (Greater Texoma Utility Authority) Board of Directors representative, Anthony Richardson's term will expire. Mr. Richardson would like to continue to serve on the Board if it is Council's desire. He will serve a 2-year term to expire December 31, 2020. S TAF F RE C O M M E ND AT I O N: Approve resolution to re-appoint A nthony Richardson's for a 2-year term to the G T UA B O D. AT TAC HM E NT S : Description Upload Date Type Resolution 10/29/2018 Resolution Resolution No. _________________ 1 CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Anna, Texas (the “City”) is a member of the Greater Texoma Utility Authority (“GTUA” or the “Authority”); and, WHEREAS, GTUA is a special-law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code; and, WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and, WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna, Texas (the “City Council”); and, WHEREAS, the term of current GTUA Board member serving in Place 8 expires at the end of 2018. 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. Appointment to the GTUA Board of Directors. The City Council hereby appoints ___________________________to serve a two-year term in Place 8 on the GTUA Board of Directors. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: __________________________ ____________________________ City Secretary Carrie L. Smith Mayor Nate Pike Item No. 5.g. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pproving a Resolution approving Contract Amendment 3 for E nvironmental Services with Collin County. (Maurice Schwanke) S UM M ARY: T he City of A nna has entered into and I nterlocal Agreement (I L A ) with Collin County to provide environmental health inspection services within the City’s corporate limits. Services provided under the A greement include inspections of HO A swimming pools, restaurants, school cafeterias, day care f ood preparation facilities, and any other place where f ood is being prepared and served to the public such as festivals and inside convenience stores. T he County also reviews construction plans of f ood preparation facilities and provides inspections during construction to insure compliance with S tate health regulations. T he C ity receives reports throughout the year on each inspection made. T he 2019 (October 1, 2018 through and including September 30, 2019) contract amount is $10,952 which is an increase of $1,040 from the 2018 rate. T he rate is based on the population estimates for the C ity of 13,690 citizens x $.80. T he attached resolution approves an extension of the I nterlocal Agreement with the County for another year. S TAF F RE C O M M E ND AT I O N: Staff recommends approval of the attached Resolution and amended I nterlocal A greement. AT TAC HM E NT S : Description Upload Date Type Resolution 11/7/2018 Resolution Contract amendment 3 - E nvironmental Services 11/7/2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT TO AN INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES WITH COLLIN COUNTY WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) has determined that the Agreement with Collin County, Texas (the "County") to provide environmental services inspections will benefit the residents of both the County and the City of Anna, Texas (the "City"); and WHEREAS, in 2015, the City Council approved an Interlocal Agreement for environmental services inspections with the option to renew the Agreement for five (5) additional one (1) year periods; and WHEREAS, the City Council has found that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager’s execution of the said one (1) year renewal period; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Amended Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Nate Pike PAGE 1 OF 1 Office of the Purchasing Agent Collin County Administration Building Contract Amendment Three (3)2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:City of Anna Effective Date 10/1/2018 P.O.Box 776 Contract No.2015-338 Anna, TX 75409 Contract Interlocal Agreement for Environmental Services Awarded by Court Order No.: Amendment 1 Amendment 2 Court Order No.: Amendment 3 Court Order No.: YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extend agreement for one (1) year period as provided for in Section 2.0 of the agreement. Agreement shall be in effect from October 1, 2018 through and including September 30, 2019. Total amount for fiscal year 2019: 13,690 residents x $0.80 per resident Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY:ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name)COMMISSIONERS’ COURT City of Anna Collin County Administration Building P.O.Box 776 2300 Bloomdale Rd, Ste 3160 Anna, TX 75409 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE:Purchasing Agent DATE: DATE: 2015-597-08-14 Court Order No.:2016-818-10-24 2017-672-09-11 10,952.00$ Item No. 5.h. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pproving a Resolution approving the West Crossing P hase 9 Final P lat. (Maurice Schwanke) S UM M ARY: T he West C rossing Phase 9 F inal P lat is located in the Henry Brantly S urvey, A bstract No. 71. T he plat contains approximately 21.854 acres covering a section of land to the North of West Crossing P hase 7 that will consist of 107 lots. A drainage letter has been received f rom the engineering stating that no downstream impact from drainage. S TAF F RE C O M M E ND AT I O N: Approval of a Resolution approving the West Crossing P hase 9 Final P lat. AT TAC HM E NT S : Description Upload Date Type Resolution 11/7/2018 Resolution L ocation Map 10/29/2018 Exhibit F inal Plat 10/22/2018 Exhibit Drainage L etter 11/7/2018 Exhibit 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WEST CROSSING PHASE 9. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-A of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Bloomfield Homes, has submitted an application for approval of a final plat of the West Crossing Phase 9 Subdivision; WHEREAS, The Final Plat of West Crossing Phase 9 generally conforms to the Preliminary Plat of West Crossing 9 and 11; WHEREAS, The Final Plat of West Crossing Phase 9 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of West Crossing Phase 9 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 23rd, day of January 2018. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike HURSTWOOD COURT CAMILE DRIVE FIRST ST.EIGHT STREETWHITE STREET (F.M. 455)FOURTH STREETWYATT EARPBUFFALO BILL DOC HOLLIDAY BAT MASTERSON ANNIE OAKLEY BUTCH CASSIDY BAMBOO DRIVEWILLOW CR E E K ALDER DRIVESEQUOIA DRIVEDOGWOOD DRIVE MIMOSA DRIVE MAHOGANY DRIVEACACIA DRIVEINTERURBAN STREET LOCKHURST DR. ACKLINGTON DR.GRANGEWOOD DR.DURHAM DR.AINSWORTH DR.HONEYWELL DR.BIRDBROOK DR. MELBOURNE DR.ACACIA DRIVETHIRD STREETPOWELL PARKWAY (S.H. 5) JAMES DRIVE HARPER DR. AMORET CIRCLEAVIS CIRCLEHACKBERRY LANEPOWELL PARKWAY ( S . H . 5 )SEVENTH STREETFIFTH STREETINTERURBAN STREET SECOND STREETSALISBURY DR. DRAYTON DRIVE PAGODA DRIVE BONSAI DRIVE WEST CROSSINGBOULEVARD HACKBERRY LN.ROCHDALE DR.LANGFORD CT.FULBOURNE DR.HONEYWELL DR.ANDREWS CT.CHATSWORTH DRIVEKELVINGTON DRIVECALDER CT.EASTBROOK DRIVE BAMBOROUGH DRIVE ANTHONY DR.FERN STREET5POWELL P A R K W A Y ( S . 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Z m Lq ' BLOOMFIELD HOMES, LP 4 6 Q ° N 4 S INST. NO. 20131227001685590 J m mitco D.R.C.C.T. N 69°32'27" W i W I °I N 89°32'27" W 115.50' Sm 117.00' Jj 06 CD In 06 o m in 0 3 p0 3 LL N Lq 109.i0' P' l0 64 E S 89 °32'27" E 1 g ® 50.00' r.IRs • o.00' N71'21�1.. 9620' 3 66 cIF �z 5i° v2° c.LRs. 13.01' ig• ° 16• 28 E S 89 09 11" E 210.00' W y W 2.g0 2.1$. 16 2 10.23' 50.00 60.00' o0 .. 0 �R , 8 m. n W M E 3 w w w -j L<i .� sW� B o0 5 3C �. 2�000 n o' 9 z 7 0 �� 4 N 3 nN 2 0 g Q oo �, L=3 56 56 3 z z z z q3., 2op��0 <cq7 '- 20' B.L. o v 69. 6 19.91' 0' U.E. En 10 �® L=28.08' 50.00' 50.00' 60.00' N 25.00;�7 m U / 3 J 50 p0' �' I �16 - N 89 °09'11" W 349.91' - 45^ E D 0 12� N O 9e p9 �y\,Zg / L=g_.3.60' 55.00' 55.00' 60.00' 0 9.91' A0' E. 11 �27� �pp00 ��9�� w w 20' B.L. 50'�I p�� Z = w 25' 1 �z �L I cu u I I IC � I Iw IQ z I I I I I I /2" CI R-s, 1/2" C.LGS. I S 89 *09'11" E 170.00' 145.00' o0 N i I 145.00' o j 120.00' 10_U.E. 15' B.L. 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W n 10' U.E. 115.50' 117.00' 1�. S 69 3i'43" E o m 1 IJ. 9.41' = v�o n m u-, o, o, a 1S SO,. 10' U.E. � N 89°09'11" W I Q o o n L. o m 14 Im v 9 mw Jq. L=36.16 - crf 19 a. m u m nr m k 6 55.00' 60.00' 4.04' I �Q2 NORTHFIELD DRIVE Ln m /2LO oLi N 140.50' - --1-- - - -- - ---- 285.50'--- - m - ti 1 e a nv--- o Q mo c o - N 89 °31'43" W 426.00' m ton N 89 °31'43" W N 89 °31'43" W N89 °31'43"W 106.40' N6 5 rn - SO m N 69 °09'11" W 185.42' �T> 5 �QOR 110.00' w 116.00' i� 75.11' 31.29' 2 6s2, - - - 0.00- 4 ti �4N0 N w _ ti �?o 0' UE 115.50' 117.65' 10' U.E. 117.85' m� m ti n n QLOq(G 50' R/W v 3 15' B.L. 25' 25' ~ vi Lin12 J O O W m �W L 0o W N 89°31A W > I 115.50' Q� co ® CD CU o0 00 gj Ln 11 n Z N 89-31'43" W --- 11 .50 W t� o cD CD N 10 w U� u u a N 89 °31'43" W 115.50' 0 5, o o ]Yf�._[7 9 m =W - o Ln lj �w in {..7 COY m N a u �m-zL N 89 '31 A3" W w' zoz A15.50' - I o z` o B 0 o wa Qz �w o. N 89°31'43" W m 115.50' o o 7 o in N 89 °31 A3" W 115.50' POE%U OF o -- - - 6 IEGINNIN LO 15' B.L. 1 1q m LD - 0 0 N 9 °31'4 " W N B9'11'49" W 117.65' 117.85' 2 13 m N 89°31'43" W °31' 3" W 1 117.85' W J o m 3 12 N LO N 89 °31'43" W N 89 °31'43" W 117.65' 117.85' r-i 4 Ln N 89 °31'43" W N 89 °31'43" W 117.65' w 117.85' 5 om �; 1 / �, / mo / N 89 °31'43" W z " 117.65' 117.85' o 6 / 9 N 6 ° '43" W N-89-°3TA3"--W 117.65' 117.84' �n B 1 m 15' B.L. 15' B.L. 50' R w 18 n W n 15 m J Q w w B1.4g. 6 45X 15.00 0 � r i 125.19' <22 L=15.23' HOA ^ a 25' I 25' o pJp no �^ o v / / /� N89 °09'11"W 103.08' J pj 0 10' U.E. L-69.61 - - - - N 89°31'43" W z m ti NN wo 33'g0_-� 10' D.E. V - 110.00, 116.00' v B o a a o N N -o -- Z 7 h `' 1;° m 38 _ - N s� ° _ 3r m a 4, � w " ' m ]� z 1 - 6 �b oN 7 �5 39 0 LZL in / 15' B.L. 15' B.L. 20' m /J 2°405p„ `L J13 p Z 25' 25' �r 11q.g ly o o Sg 6 lC1 2 110.00' 10' U.E. 11421' L=1.79 10' 50'� u� / 50'IR W L=62.78' L=4 2E, �5, RAW B( N84°49'O6"V N 8 '11' W $ O c��ZR o L=26.79' 38' 1 ° Fjc 62.00' tx a�cI L-63.5' 37 45.45' a z ¢ N 89'32'27" W 249.22'� �� o v� o _ - _ -_ --= IRATNAGE FASEMFN m m o °� V 4 to NO. 201705310006U5910 - L=2 o' ti 3 cn ti n C.R.C., T. (TO BI ABANDONED BY / 13A ti w 36 \ I W L-56.72 _ ti a� ° n- 6 2 3 Q FPERATE IN°TRIJMENTI FART- ®N ® - 'mil 97 1 = 35 ti^ om n *�j. om ----- - - -- - - - N NGD 60.00, 54.05' 54.06' 56.11' L=54.70' RIV - g 20' B.L. w w �56.7! C5 S2� oo e.4 34 Z 33 m Q o w w L-56.72, �'3 ( U.F n 80' R W Y w 18 gg mo 20 - - 21 vo o. C;56, SO\ S2 ti 17 m- moo No mo Nti 22 mN 23 v w 10'Vt 4' \ 40' 40 Q o ^ o o N a m y 24 m- 20. 6. 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N0. 2018-609 o� 31 w w PRCCT �� 46 N- Q LINE BEARING DISTANCE L1 N89°32'27"W 8.16' L2 N00°2B'17'E 16.16' 13 NO2°59'15"E 54.03' L4 NB9°05'40"W 53.84' L5 N59°16'27"W 55.41' L6 N64`47'12"W 52.37' L7 N66°45'21"W 49.37' L8 N69°45'07"W 50.79' L9 N73 °00'02"W 50.79' L10 N75°56'20"W 50.79' L11 N78 °59'24"W 50.79' 112 N82'02'28"W 50.79' L13 N85 °03'30"W 50.79' L14 N87 °45'16"W 53.10' L15 S00°z8'17"W 2.00' L16 S44°32'05"E 27.75' L17 N44°0911"W 21.21' L18 S34°33'101 24.54' L191 S13'23'26"W 38.43' L20 N31°45'24..E 14.33' L21 S59°34'39"E 20.00' L22 N59°34'39"W 26.26' L23 N10°4BAO1 43.68' L24 N25°37'45"E 41.16' L25 N45°22'45"E 41.16' 126 N65'07'45"E 41.16' L271 N84°45'00"E 42.92' L-2-8TS89°09'11"E 1 5.00' LINE RADIUS ARC DELTA CHORD BEARING CHORD C1 1750.00' 98.12' 3°12'45" N01°06'05"W 98.11' C2 1750.00' 96.12' 3°12'45" NO1°08'05"W 98AI, C3 255.00' 402.22' 90°22'32" N45°39331 361.60' C4 500.00' 136.56' 15°3853" S21°12'52"W 136.13' C5 1092,00' 596.50' 31°1751" 573°5332"E 589.11' LEGEND s BOUNDARY CORNER AS NOTED I.R.F. IRON ROD FOUND C.I.R.S. CAPPED IRON ROD SET "GOODWIN 6 MARSHALL" D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS VOL, VOLUME PG. PAGE SQ. FT. SQUARE FEET AC. ACRES R/W RIGHT-OF-WAY CAB. CABINET SL. SLIDE U.E. UTILITY EASEMENT B.L. BUILDING LINE U.L.S.W.E. UTILITY, LANDSCAPE, G SCREENING WALL EASEMENT W.M.E. WALL MAINTENANCE EASEMENT 5/8" Cl - F 25.00'1 25 00 117.65' 10' U.E. 117.85' - .0 - �^ `f'' 11 8 --- -- --� - - -_ 1 ��z \o v "WESTWOoo" - I / c�3o mad 32 N 89 3143 W ` TT TTv EASEMENT - �,Tw000" - E; e c LR.F N 89'32'27" W 285.50' a c.LR F wEsrw3oo in -� x: �� J�.a� �0 x�(' STAEti oRATN�.C� - - - - - -- - -- - - ° u a 6 U �� �/ - z 115.50' y INST No 2017o521000B956Ao ���� �� �. as m F-Q �'3 D R.C.0 T T 1. I.P F, \ / / - o_��O/ G,3•>S" w ti CALLED 4.0 ACRES / 10,�� O urn moz mmN JOSS FACUNII AN/ WIFE 5 JOSEFINA 0. FACUNO 6 L4 VOL. 462PG.759 I _ ' N D.R.C.C. T. o c, FNAL PLAT `y r a rz OF v Ind,LO �R Nz �� wm� 3/8 IRF S 89.04'i9" E 290.63' _ _ �\ �/IJO I oQ WEST CROSSING PHASE 9 tit row c�� �� ml ti u 103.65' 79.98' 53.50' 53.50' 1/2' C R.S. - - a c� BEING (5L rt qw,� 5' D.E.vEy 21.854 ACRES � N q w a w T Y 'SU� 9 - SITUATED IN THE cn I I 1 ti � Lu'� w a m a J BLOCK a Nil / - --- -- - - - - - -�- ��7��r o `a n 12 my 13 0 14 o FIFN R8 N t� I HENRY BRANTLY SURVEY, ABSTRACT No. 71 v B F - 11 j N- o o ^ a Q \ / / , \ - --- i I CITY OF AMA, COLLIN COUNTY, TEXAS - / 5/B' c.I.R r O1Cu N1> c�j. ILDz z N 0 ��4�OQ`°��� / \\ / • . / -/ % _ -I 'btlETV90D0" �I I - - --- - - I 1U/ RI�1LJl'il\ 11Ai�OCTOBER, W1LOW I 1\G7�1GLV 1lAL LV 1 1/2" C.IRF. R - It we w a o c gelq, L=38.22' - - o��° PREPARED BY: 53.50' 53.50' W ��� o o Q o tititi� DEVELOPER: ��o� - ° o "' v���iz OWNER: (00DV�'3 a W� r` h N 89 `32'27" W 155.66' N pA R@ 10 a N m 0 , HOLCOMBE DRIVE 1/2 C LR S. „ a HALL cm o g N 89 32 27 W 122.50' L1 P � LOOMFIELD) CIVIL ENGINEERS -- PLANNERS - SURVEYORS J o z 105.81' w @ t HOMES DOUGLAS PROPERTIES INC. m 15' B.L. F`�1V1 2405 Mustang Drive, Grapevine, Texas 76051 S 00 28'iT W 2309 AVE K Metro 817 329-4373 LO 9 N m g o 498.27' 1050 E. HWY 114, SUM 210 Ste' 100 I 110.00, N o 0 122.50' w r----------- $OUTIR.AKE, Tit; 76092 TBPE REGISTRATION # F-2944 N 69 °32'27" W J 25' z125' N 89 °32'27" W -----I PLANO, TX 75074 MATCH LINE MATCH TOP OF SHEET 817-416-1572 972-422-1658 TBPLS # 10021700 MS1 OWNER'S CERTIFICATION STATE OF TEXAS COUNTY OF COLLIN WHEREAS, BLOOMFIELD HOMES, L.P. , Is the owner of a 21.854 acre tract of land situated in a portion of the Henry Brantly Survey, Abstract No. 71, City of Anna, Collin County, Texas, being part of that certain called 73.598 acre tract described in a deed from Dechomai Asset Trust to Bloomfield Homes, L.P., recorded in Instrument No. 20131227001685590 of the Deed Records of Collin County, Texas (DRCCT ), and being more completely described as follows, to -wit; corner of West Crossing Phase 7 ' WESTWOOD " for the Northwest c r BE GINNING at 5/8 ca pped ed iron rod found stamped9 PP recorded in Incurment No. 2018-609 of the Plat Records of Collin County., Texas (PRCCT ), being in the West line of said 73.598 acre tract, the East line of a called 60.549 acre tract described in a deed to Two-J Partners, LLLP recorded in Instrument No. 20080509000562490 (DRCCT ), and being in the recognized West line of said HenryBrantly Survey and the East line of the Francis T. Duffau Survey, Abstract No. 288, from which a 1/2' capped iron rod found stamped 'TWC' for the Southwest corner of said West Crossing Phase 7, some being the Northwest corner of West Crossing Phase 5 recorded in Volume 2016, Page 554 (PRCCT ) bears South 00 deg. 28 min. 17 sec. West - 475.94 feet, THENCE North 00 deg. 28 min. 17 sec. East along the West line of said 73.598 acre tract, the East line of said 60.549 acre tract, and the recognized West line of said Henry Brantly Survey and the East line of said Francis T. Duffau Survey, a distance of 1098.26 feet to a 3/8' iron rod found for the most westerly Northeast corner of said 73.598 acre tract, the Southwest corner of a called 4.0 acre tract described in a deed to Jose Facundo, et ux recorded in Volume 4625, Page 759 (DRCCT ), said point being the recognized Northwest corner of said Henry Brantly Survey and the most southerly Southwest corner of the Martin Moore Survey, Abstract No. 649, from which a I" iron pipe found for the Northwest corner of said 4.0 acre tract and the Northeast corner of said 60.549 acre tract bears North 00 deg. 28 min. 17 sec. East - 246.65 feet, THENCE South 89 deg. 04 min. 19 sec. East departing the East line of said 60.549 acre tract and the recognized East line of said Francis T, Duffau Survey and continue along the most westerly North line of said 73.598 acre tract, the South line of said 4.0 acre tract, and the recognized North line of said Henry Brantly Survey and the South line of said Martin Moore Survey, a distance of 290.63 feet to a 1/2' capped iron rod set stomped 'GOODWIN a MARSHALL' , hereinafter referred to as 1/2` capped iron rod set, THENCE South 00 deg. 27 min. 33 sec. West departing said North and South lines, a distance of 170.61 feet to a 1/2' capped iron rod set, THENCE North 89 deg. 32 min. 27 sec. West, a distance of 8.16 feet to a 1/2' capped iron rod set, THENCE South 00 deg. 28 min. 17 sec. West, a distance of 498.27 feet to a 1/2' capped iron rod set, THENCE South 89 deg. 31 min. 43 sec. East, a distance of 118.50 feet to a 1/2" capped iron rod set, THENCE North 00 deg. 28 min. 17 sec. East, a distance of 16.16 feet to a 1/2' capped iron rod set, THENCE South 89 deg. 31 min. 43 sec. East, a distance of 160.00 feet to a 1/2' capped iron rod set, THENCE North 00 deg. 28 min. 17 sec. East, a distance of 218.20 feet to a 1/2' capped iron rod set, THENCE North 02 deg. 59 min. 15 sec. East, a distance of 54.03 feet to a 1/2' capped iron rod set, THENCE North 25 deg. 06 min. 32 sec. East, a distance of 92.42 feet to a 1/2' capped iron rod set, THENCE North 77 deg. 21 min. 51 sec. East, a distance of 70.64 feet to a 1/2' capped iron rod set, THENCE South 89 deg. 32 min. 27 sec. East, a distance of 109.10 feet to a 1/2' capped iron rod set, THENCE South 66 deg. 18 min. 36 sec. East, a distance of 82.15 feet to a 1/2' capped iron rod set, THENCE North 76 deg. 28 min. 28 sec. East, a distance of 76.51 feet to a 1/2' capped iron rod set, THENCE South 89 deg. 09 min. 11 sec. East, a distance of 210.00 feet to a 1/2' capped iron rod set, THENCE South 00 deg. 50 min. 49 sec. West, a distance of 120.00 feet to a 1/2' capped iron rod set, THENCE South 89 deg. 09 min. If sec. East, a distance of 170.00 feet to a 1/2' capped iron rod set in the East line of said 73.598 acre tract and being in the West right-of-way line of West Crossing Boulevard (80' right-of-way width ) as shown in Volume 2009, Page 413 (PRCCT I, from which a 1/2' iron rod found "bent" in said East line and West right-of- way line bears North 00 deg. 50 min. 49 sec. East - 596.31 feet, THENCE South 00 deg. 50 min. 49 sec. West along said East line and West right-of-way line, a distance of 755.70 feel to a 5/8' capped iron rod found stamped ' WESTWOOD' for the Northeast corner of said West Crossing Phase 7, from which a 5/8' capped iron rod found stomped ' WESTWOOD' in the East line of said 73.598 acre tract and said West right-of-way line bears South 00 deg. 50 min. 49 sec. West - 164.46 feet, THENCE in a westerly direction departing said East line and West right-of-way line and continue along the North line of said West Crossing Phase 7 the following seventeen (17 1 courses, North 89 deg. 05 min. 40 sec. West , a distance of 53.84 feet to a 5/6' capped iron rod found stamped ' WESTWOOD' , North 57 deg. 23 min. 16 sec. West, a distance of 103.96 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 59 deg. 16 min. 27 sec. West, a distance of 55.41 feet to a 5/8' capped iron rod found stamped "WESTWOOD' , North 64 deg. 47 min. 12 sec. West, a distance of 52.37 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 66 deg. 45 min. 21 sec. West, a distance of 49.37 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 69 deg. 45 min. 07 sec. West, a distance of 50.79 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 73 deg. 00 min. 02 sec. West, a distance of 50.79 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 75 deg. 56 min. 20 sec. West, a distance of 50.79 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 78 deg. 59 min. 24 sec. West, a distance of 50.79 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 82 deg. 02 min. 28 sec. West, a distance of 50.79 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 85 deg. 03 min. 30 sec. West, a distance of 50.79 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 87 deg. 45 min. 16 sec. West, a distance of 53.10 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 89 deg. 32 min. 27 sec. West, a distance of 270.13 feet to a 5/8" capped iron rod found stamped ' WESTWOOD' South 00 deg. 28 min. 17 sec. West, a distance of 111.00 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , North 89 deg. 32 min, 27 sec, West, a distance of 285.50 feet to a 5/8' capped iron rod found stamped ' WESTWOOD' , South 00 deg. 28 min. 17 sec. West, a distance of 2.00 feet to a 5/8" capped iron rod found stamped `WESTWOOD' , North 89 deg. 31 min. 43 sec. West, a distance of 115.50 feet to the POINT OF BEGINNING, containing 951, 945 square feet or 21.854 acres of land, more or less. OWNERS CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS> THAT, BLOOMFIELD HOMES, L.P., acting herein by and through its duly authorized officer does hereby adopt this plat designating the herein above described property as WEST CROSSING PHASE 9, an addition to the city of Anna, Texas, and does hereby dedicate to the public use forever the streets and alleys shown thereon, and does hereby dedicate the easement strips shown on the plot for mutual use and accommodation of all public utilities desiring to use, or using some. No buildings, fences, trees, shrubs, or other improvements shall be constructed or ill shall have the r' on side lot. An public utility h h across the easement strips s placed upon, over or ac p p y p y right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements, or growths, which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of these easement strips, and any public utility company shall at all times have the right of ingress or egress to and from and upon any said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone. WITNESS MY HAND THIS DAY OF, , 2016 BLOOMFIELD HOMES, LP., a TEXAS LIMITED PARTNERSHIP By, BLOOMFIELD PROPERTIES, INC. a TEXAS CORPORATION, GENERAL PARTNER BY, Donald J. Dykstra, President BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Donald J. Dykstra, President of Bloomfield Properties, Inc. the General Partner of Bloomfield Homes, LP, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF, , 2018. Notary public, State of Texas CERTIFICATE OF ACCEPTANCE BY THE ANNA CITY COUNCIL Approved this day Mayor, City of Anna, Texas City Secretary, City of Anna, Texas 2018 , by the City Council of the City of Anna, Texas. SURVEYOR'S CERTIFICATE Know All Men By These Presents i That I, John Nicholas Rogers, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the City of Anna, Texas. Dated this the -Lb -day of o6/ 2018. OF John Nicholas Roger , R. .L.S. #6372 4p��I57FT Goodwin 8 Marshall, Inc. CD. &p 2405 Mustang Drive :........... ...... Grapevine, TX 76051 JOHN N. ROGERS (817 1 329-4373 '9°FEssz`'' STATE OF TEXAS I �7Nj'Sd. t� I SS COUNTY OF TARRANT I BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared John Nicholas Rogers, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN U)QWMY HAN THE OFFICE this the day o 2018. EMI. TAYLOR-tate of Te,wsry publicStaofTe s z�zufiazo lfkNrS' w rLS I. Bearings are oriented to Texas State Plane Coordinate System, North Central Zone, 4202, derived from GPS observation.The combined scale factor for this site is 0.99985652. This factor is to be applied to any ground coordinate or distance values in order to reduce said values to State Plane grid. 2. All property corners are set with 1/2' iron rods with yellow plastic caps stamped 'Goodwin 8 Marshall" , unless otherwise noted. 3. Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits. 4. ROW owned by City, Landscape Improvements, Owned and Maintained By Owner, HOA or the Owners of the Individual Lots Contained within this Plat, As Applicable. 5. According to the Flood Insurance Rate Map (FIRM ) panel 48085C0155J, effective June 2, 2009 and Flood Insurance Rate Map (FIRM ) panel 48085C0160J, effective June 2, 2009. This survey is located in Flood Insurance Zone ' X" (non -shaded I, being defined as areas outside the 0.2% annual chance floodplain. 6. Parkway improvements such as curb 8 gutter, pavement tie-in, drive approaches and sidewalks may be required at time of building permit issuance via a parkway permit. 7. Lot 45X, Block FF is a private H.0.A.✓Developer owned and maintained open space lot. 8. The City of Anna is not responsible for the maintenance of the retaining walls so the HOA will be responsible for the maintenance of all retaining walls. W I / 25'X25' VISIBILITY 8 SIDEWALK W I EASEMENT (TYPICAL) l t � I E25` C LOCAL STREET STREET TO STREET INTERSECTION /0' XIO' SIDEWALK AND UTILITY EASEMENT (TYPICAL) NOTE+ DETAIL PERTAINS TO ALL LOCAL INTERSECTIONS. TYPICAL STREET INTERSECTION N. T. S. OWNER: HJMES 1050 E. HWY 114, SUITE 210 SOUTHLAKE, TX 76092 817-416-1572 PDOUGLAS PROPERTIES, INC. 2309 AVE SUM Ll PLAN, TX • 0, 972-422-1658 • 1We ®®M °® ee LOT SUMMARY TABLE LOT BLOCK (SO. FT, 1 ACREAGE I GG 6600 0.152 2 GG 6050 0.139 3 GG 6352 0.146 4 GG 9011 0.207 5 GG 6467 0.148 6 GG 7776 0.179 7 GG 6406 0.147 8 GG 8220 0.189 g GG 6351 0.146 10 GG 6684 0.153 GG 6664 0,153 GG 6664 0.153 GG 6461 0.148 k GG 6050 0.139 GG 6050 0.139 GG 6600 0.152 LOT SUMMARY TABLE LOT BLOCK (SQ. FT. 1 ACREAGE I NN 7064 0.162 2 NN 6260 0.144 3 NN 6260 0.144 4 NN 6260 0.144 5 NN 6297 0.145 6 NN 6412 0.147 7 NN 6706 0.154 8 NN 6737 0,155 9 NN 7397 0.170 LOT SUMMARY TABLE LOT BLOCK (SQ. FT. 1 ACREAGE I HH 7200 0.165 2 HH 6000 0,138 3 HH 6000 0.138 4 HH 6496 0.149 5 HH 6555 0.150 6 HH 9984 0.229 7 HH 8066 0.185 8 HH 7625 0.175 9 HH 9248 0.212 10 HH B051 0.185 11 HH 9894 0.227 12 HH 10870 0.250 13 HH 7220 0.166 14 HH 6872 0.158 15 HH 6328 0.145 16 HH 6961 0.160 17 HH 6604 0,152 18 HH 6001 0.138 19 HH 6001 0.138 m'• © ,V-lr MIM 11151111711 AMIM, 1 LOT SUMMARY TABLE LOT BLOCK (SQ. FT.) ACREAGE I KK 6974 0.160 2 KK 6175 0.142 3 KK 6179 0.142 4 KK 6178 0.142 5 KK 6141 0.141 6 KK 6024 0.138 7 KK 6080 0,140 8 KK 6050 0.139 9 KK 6022 0.138 10 KK 7924 0.182 II KK 13192 0.303 12 KK 7316 0.168 13 KK 6486 0.149 14 KK J 6464 0.148 TRACT SUMMARY TABLE TRACT BLOCK AREA (SQ. FT. I AREA (AC. ) USAGE MAINTENANCE RESPONSIBILITY 45X I FF 1 1858 0.043 1 OPEN SPACE, DRAINAGE EASEMENT H.O.A. w U) a m WEST CROSSING PHASE 9 iGl' 21.854 ACRES SrrUAnD IN ME ABSTRACr No. CITY OF ANNA, 107 RESIDENTIAL LOTS,1 NON-RESIDENTIAL LOT OCTOBER, 2018 PREPARED BY: o 11 nnnunw a SHEET 2 OF 2 W MSL g CIVIL ENGINEERS PLANNERS - SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro .(817) 329-4373 TBPE REGISTRATION # F-2944 TBPLS # 10021700 GJT OODWIN ? CIVIL ENGINEERS ~ PLANNERS - SURVEYORS 1yl( Q1R SJ-)(Ai 1L1L October 30fh, 2017 Mr. Joseph Johnson Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75409 RC: West Crossing Preliminary Plat -Phase 9 and 11 Dear Mr. Johnson: Goodwin and Marshall, ITrc. has performed an analysis to determine the impacts of the West Crossing development on downstream properties. This analysis, which has been submitted to, reviewed and approved by the City back in April of 2017 shows no detrimental impacts downstream. Based on this, this letter serves as our verification that no detrimental impact is experienced downstream of the project due to the construction of West Crossing Phase 9 and 11. Mr. Johnson, we appreciate your time and considerations during the )•eview process of this project. If you have any questions, additional comments or need any further imormation, please no not hesitate to contact our office at 817-3294373. Thank you for your attention on this matter. Sincerely, Goodwin &Marshall, Inc. • Edward Eckart, P.E. EWE/mjb TEXAS • 3405 Mmung Brire • GnperiM, iA 76051 • 817.379.431) TENNESSEE • 6074 Apple Tne Bme • XempAi61N 3B1IS • 901.BB1.9188 ARIZONA • 6909 Wesa RaT Rad, 3ui1e IS • Chmdler, Ai BS716 • 601.11N.17BS COLORADO • 8400 E. Prmgn Are. • Gnenwood Yllage, f0 BBIII • 301.459AB61 Item No. 5.i. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action on a Resolution approving the West Crossing P hase 11 Final Plat. (Maurice S chwanke) S UM M ARY: T he West Crossing Phase 11 Final Plat is located in the Henry B rantly S urvey, A bstract No. 71 and the G. Morrison S urvey, A bstract No. 559. T he plat contains approximately 17.798 acres covering a section of land to the North of West C rossing Phase 9 and will consist of 88 lots. A drainage letter has been received from their engineering stating that no adverse drainage impacts will occur. S TAF F RE C O M M E ND AT I O N: Approval of a Resolution approving the West Crossing P hase 11 Final P lat. AT TAC HM E NT S : Description Upload Date Type L ocation Map 10/29/2018 Exhibit F inal Plat 10/22/2018 Exhibit Drainage L etter 11/7/2018 Exhibit Resolution 11/7/2018 Resolution HURSTWOOD COURT CAMILE DRIVE FIRST ST.EIGHT STREETWHITE STREET (F.M. 455)RIGGINS STREETFOURTH STREETWYATT EARPBUFFALO BILL DOC HOLLIDAY BAT MASTERSON ANNIE OAKLEY BUTCH CASSIDY BAMBOO DRIVEWILLOW C R E E K ALDER DRIVESEQUOIA DRIVEDOGWOOD DRIVE MIMOSA DRIVE MAHOGANY DRIVEACACIA DRIVEINTERURBAN STREET LOCKHURST DR. ACKLINGTON DR.GRANGEWOOD DR.DURHAM DR.AINSWORTH DR.HONEYWELL DR.BIRDBROOK DR. MELBOURNE DR.ACACIA DRIVETHIRD STREETPOWELL PARKWAY (S.H. 5) JAMES DRIVE HARPER DR. AMORET CIRCLEAVIS CIRCLEHACKBERRY LANERIGGINS STREET POWELL PARKWAY ( S . H . 5 )SEVENTH STREETFIFTH STREETINTERURBAN STREET SECOND STREETSALISBURY DR. DRAYTON DRIVE PAGODA DRIVE BONSAI DRIVE WEST CROSSINGBOULEVARD HACKBERRY LN.ROCHDALE DR.LANGFORD CT.FULBOURNE DR.HONEYWELL DR.ANDREWS CT.CHATSWORTH DRIVEKELVINGTON DRIVECALDER CT.EASTBROOK DRIVE BAMBOROUGH DRIVE ANTHONY DR.FERN STREET5POWELL P A R K W A Y ( S . H . 5 ) O A K R O S E W A Y MAPLE Q U A I LROSE WAYBOULEVARDWEST CROSSINGFOXTAIL DRBANKHURST DR FULBOURNE DRKINGSTON CTNORWOOD DRHACKBERRY DRIVECRESCENT VIEW DR.CROSSVINE DRCOPPER SWITCH DRRYEDALE LNFERGUSON PARKWAYAVERY POINTE DRTIMBERFALLSDRCEDAR CANYONDR.DEERFIELD DRTIMBERFALLS DRBROOK VIEW CTFOREST HAVEN DRCHAPEL HILL DR.MILLS DR.HAYES DR.HAYES DR.WHITE STREET (F.M. 455)GLENDALE DRIVELYNDHURST DRIVEEDINBURGH DRIVEBANBURY DRIVE MORLEY DRIVEWATERTON DRIVESITE MATCH BOTTOM LEFT SHEET 4A N 89 °32'27" W 121,57' ®®® N 89 °32'27" W 110.03' v �$� eo� v � 0 12 ,on 26 IV IU� N 89 °32'14" W i�, N 89 °32'27" W I I u- 142.41' �\ 111.91' v rn �w \ m N r� CD 13 N�m 25 m IJ J ¢ CO n N 89 °31'43" W \ N 89 °32'27" W 115.66 /2" c.LR 11 12 m o �Q 14 I I� I �I 24 �� m ui N 89 °31'43" W (11 N 89 °32'27" W J 50•IR/W 110.38' C 118,39' 25' 25' v o 0 23 n mm N J N 89 °31'43" W U o ti N 89 °32'27" W Iw m 110,00, 00 ap 118.50' _ T "S LL Z 22 Q o �Wg S m 16 0 0Lq o in c4 O SO' ti Z n N n w N B9 °31'43" W N 89 °32'27'. W ^ 110.00cu U o 118.50' Q w 3 L O = N �� °� n Opp Rtc)m 17 Lq Y Z N 21 co omtim m cLit) Q N 89 °31'43" W N 89 °31'43" W 110.00' o 0, 118.50' o n tiff ' r; ro n LcN m 20 m 18 L v ti m 25.00' 25.00' 110.00' ooC-Q`_`` N89 °31'43"W 160.00' c" c LRs. � 118.50' J o m ti N 89 031'43" W 118.50' 9s. ti 2 112" C.I.R.S e RAP • 0 60 LXT-s TA IBLE o� N � 00�0 \ G � 2 �O SUIT IEFEY� P J 0 � \ GUYA 410F�Rj)59 �oQ� 53� \ 22 Pvv 1/2" RF. "RENT" Lq v � �FNT9a 1/2" C.LR.F. 'BEER" FROM WHICH 0 23 O) �5�,- A I/z' c r H.F. °rIPTRN" BEARS cl" �� v S01 "5D'50"W - 0.64' VAn \ N 89°09'11" W 117.62' m24 0 o Nm n 21 N 89°09'11" W � "' � a,��'"7 9 S• AI o 132.33' � `U = o �� 0 20 00 4 .,7\ g 25 N o L=63Ln .2� 190 N 89'09'11" W a - 3s L !„ w 131.65' L8 _ ¢ ti p q0 - �o ho. G> o -� s 18 26 o a o n N c7S 9 S7. G N `n �o N 89 °09' W ' 4.06 \S�S�bq•• !\ ti 17 w Z 3 27 cq \\ \9> ANNA HIGH SCHOOL #1 ADDITION N 8130 29? W m \\ T �0 16 p2 0- \ o o 20' WATERLINE EAJEMENT- VOL. 2011 PG. 176 1 l � o �g 1ti , a P.R.C.C.T. 28 P> G ! � !. C� Y �� VOL. 5293, PG. E373 �1,.�o. TD BE ABANDONED BY 5/N" C.I RF. �O �6 SEPARATE INSTRUMENT 312.76 N 9,09'11"w 129� - _ B °09'11" W gyp, G�6 15 ILLEGIBLE" 10' - -- 120.00' w o. �p E -- -- -- -- -- -- - -- 799 12Qd 15.00' w� m_ -- -- -- -- -- o m w 17X VARIABLE WIDTH R/W PER o - 2- --- -N 3 HOA - - - C.R.370 om m N N 89°31'20" E 154.07' no no- ------__ N. V- cz - -- - - - - VOL. 2011 PG. 176 _...- - ._ - - -- - 2 - -------- -- -- P.R.C.C.T. _ in u-J N 89 °09'11" W N 89 °09'11' W m 00 N o ROWNS ROAD 115.00, z 113.10' n 1 o r N 76°2q 0E I 10: U.E. 128.73' 3 0 0 12 0, I I I w 15' B.L. Ln 16 3 29 rn N 89 *09'11" W 13 \ cq I N 89 °09'11" W r N I in 11-4 _ 115.00' w _ N 89°09'11" W g 127.74' m I �y �} L J J 7 T J 7 Y N 88 °00'35" E �g flJl dl� S'V Il, Y L' 11 127.89' cc u�'-i o y IJ 2 .0 r� o j�7'I1� �� y J n 28 6 m I� 4 C�� 15 N w n 12 N 1/2 BETI.R.F. IVIj I N 89° 9'1 W N 89°09'11" W > o 0 115.00' 130.00' m z Q N 89-09-11" W N O m m Y 127.21' v n o w N 89°09'11" W v I x o 0 o g o 0 120.00' CALLED 4.0 ACRES I m Z 5 L6 3 14 o e JOSS FACUNDO AND WIFE, JOSEFINA O. FACUNDO 27 o r q m o O VOL. 4625 PG.759 I N ^^��� W N 69°09'11" W N 89°09111" W W I 11 0 a,l D.R.C.C.T. N 8126 521 W 115.00' J 130.00' = N 69°09'11" W N 3 o 0 120.00' m I 6 o o I 26 o ® �� 13 Ln = m o 10 Ci N 89 °09'11" W O N 89 °09'11" W N 89 °09'11" W m 115.00' 130.00' n N 89109'11" W a POINT OF 125.84' 3 w 120.00' COMMENCING POINT OF 1/2° c.T.R.F. "BEEH FROM WHICH I L`jL. o o Q 3/8" LR.F. BEGINNING A 1/2" C.I.R P. "1IPTON"' BEARS 25 7 0 0 12 m Q o 9 0 1/2" c.LR_s _ S 89 04 19' E 430.63 N1� °11'23°E - o a4' I ^� o A I a S 89 °04'19" E 290.63' A-649 125.17' ' -5,59 m R A-71 2000 3.26' 9tl-w - -": 89-05'11-W N 89°09'11" W N 89°09'11" W A-7/ (� w o I 51.30' 51 D E 51.30 51.30' 51.30' 5' O.E. n m w 131,01' z 120.00' Z ti - 51.30' 51.30' 51.52' 59.40' 65.77' 115.00' BLOCK KK wa¢ I (D m o=m oo mwo Io Cn ,.i Cw o w w w B 11 8 \v LLJ W �oz m- m_ w w w w w zirw `y mm mr� min mm mLq mrn min m mQ m N 89°09'11" W N 89°09'11" W U Q cq N 89 °09'11" W m ti W m W N 15 v N 16 "m 17 ^v ° 18 N m 19 N m 20 ^ m 21 �v 22 30X m 23 24 �um50'I R/W 130.00' 120.00' �`? 3 �TF� •, `o oo ti 25' 25' i*� 115.00' m - o - \ Oa [L'Y rY O O O� O� O� O� O�'A5220'0'0 N m �' z z z0 o co m m 7 m o Lo W P tij'C� J m -50' R W�,N20' B.L. z Z�nI9m°o� 10 m 25' 25' uo-�u-�3I��A-71 10' B.L. Dz N 89 °09'11° W 10' U E. 10' USE.__ 15' g L10' U.E.51.30' 51.30' 51.30' 51.30' 51.30' 51.30' 51.30' 59.40' 65.01' 120.00" L=62.66' W o Z o 18.81 L=33.61 L=20.00' 110.00' o 0 a I N - -- -. - _ ___ ¢ N 89 °32'27" w 623.84' HOLCOMBE DRIVE - - � N 6 S 126.84' - - - �- - -- - �_-- _ N 89°09'11" W 135.00' Q o o 0 453.01' 43.98' C5 �- - Q J oo L4 N W C6 v o- - N 8920 001 W (!1 ��oti /2" EIR.S. 110.00' m�- er LLi h N C 67.00' 54.55' 53.31' 53.31' 54.55' 54.55' 50.00' 50.00' 34.73' L=43.01' L=50.03' 50.00' 6000' 5 REMAINDER OF CALLED 73.59E ACRES m o o I N C - U.E. o �Qo I BLOOMFIELD HOMES, LP 10' U.E. 15' 8.L m �, Q L=15.8, L=7.05' - 0 0 ¢�ti¢ INST. NO. 20131227001685590 w - wj 20' B.L. 10' U.E. - O I 10 m w w w w 20' .L. 80' R/w v 0 D.R.C.C.T. O O ti w w N 89 °09'11" W ^i^in cn m mo mo �_ _ o mo mo w w ° w w w 1 - 0 120.00' Cai ti �! W N 89 °32'27" W o m �' 0 28 '" 0 29 m" 30 0 31 N 32 N 33 m io 34 m o 35 0 `r' Q "' cn OD (U 110.00' O 27 O ti o N N n 36 O LL 37 Q o 38 " o w 4 coz Q ^o _ o o O� o o ti �m �N Ls iono ono 39 m N o I O oo BLOCK NN i s ti m z z o z z oo o o o `� o" ti w N 89 °09W 120.00' ' 11 " I z� 11 J Q 50' R W J 54.55' z z z Z z z z �� MATCH TOP RIGHT SHEET N 89°32'27" W 110.03' C4 25f 67.02' N89°32'27"W �590• - Cg 5qj3' N B9'32'27"5W MATCH TOP LEFT SHEET 55 sggl BLOCK HH tij �1 �% 1 r'� 109.10' NIPS °j�, ��� 6 51.26. 50.00' 50.00' 50.00' 60.00' C�!O �� tis, h B`�15lV q 25S76�W /2 N189 09 11" W 210.00' 1/2 112" C.IIt,S. LEGEND • BOUNDARY CORNER AS NOTED I.R.F. IRON ROD FOUND C.I.R.S. CAPPED IRON ROD SET "GOODWIN & MARSHALL" D.R.C.C.T. DEED RECORDS OF COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS VOL. VOLUME PG. PAGE SO. FT. SQUARE FEET AC, ACRES R/W RIGHT-OF-WAY CAB. CABINET SL, SLIDE U.E. UTILITY EASEMENT B.L. BUILDING LINE U.L.S.W.E. UTILITY, LANDSCAPE, & SCREENING WALL EASEMENT O1 VISIBILITY & SIDE WALK EASEMENT LINE BEARING DISTANCE L1 S77 °21'51"W 70.64' 1-2 S02°59'15"W 54.03' L3 SOO'2B'17"W 16.16' L4 SB9°32'27"E 8.16' 1-5 N66°36'15"W 41.07' 16 N23°21'27"E 52.24' L71 N38 °57'43"E 13.36' L81 S89'09'11"E 1 12.93' CURVE TABLE CURVE RADIUS ARC DELTA CHORD BEARING CHORD C1 640.00' 454.14' 40°39'24" S40°37'22"E 444.67' C2 405.00' 436.82' 61'47'53" S30 °03'07"E 415.96' C3 1000.00' 92.23' 5°17'03" NO2°10'14"W 92.20' C4 1000.00' 92.23' 5°17'03" NO2°10'14"W 92.20' C5 800.00' 60.76' 4 *21'06" S67 °21'54"E 60.75' C6 800.00' 55.35' 3 °57'50" 117 °10'16 55.14' C7 200.00' 98.44' 26 °12'07" S75 °03'07"E 97.45' C8 260.00' 260.43' 61'47''53" S30'03.07"E 267.03' X POSNI@il pm i j 4 � SITE w I u(Millwaklmig N.T.S. MATCH BOTTOM RIGHT SHEET W 120.00' w, ~ o 3 o vi 3 m o ' < V � q/8" C.I.R.F. Z m r o Q Q WESTNOOD I in I rn N 89*0911" W N- LU 120.00' o I W ca � m 2 0 3 m� P, R= n o N n a Q�0 S - (ID oo N 89 *09'11" W orn - «z in oil o = 120.00' co j Z I R/W m g C Z ig 15' B.L-- o to (� L 5.00' 25.00' 120.00' 3 W-- 1/2 c-Las. N 89 °09'11" W 170.00' Q I 112 c T.R i o m OWNER: BLOOMFIELD HOMES 1050 E. HWY 114, SUITE 210 SOUTELAIE, TX 76092 817-416-1572 DEVELOPER: DOUGLAS PROPERTIES, INC. 2309 AVE K SUTTE 100 PLANO, TX 75074 972-422-1658 FINAL PLAT w OF m WEST CROSSING PHASE 11 BEING 17.798 ACRES o SITUATED IN THE HENRY BRANTLY SURVEY, ABSTRACT No. 71 0 G. MORRISON SURVEY, ABSTRACT No. 559 CITY OF ANNA, COLLIN COUNTY, TEXAS 88 RESIDENTIAL LOTS, 3 NON-RESIDENTIAL LOTS PREPARED BY: OCTOBER, 2018 G G�O�l�UJ}��j� J1jA[]v7 �I jj jj SC;IEkC� 9 ®(f= 2 w II \" LARS1 1Ld �s CIVIL ENGINEERS -- PLANNERS - SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro (817) 329-4373 TBPE REGISTRATION # F-2944 TBPLS # 10021700 OWNER'S CERTIFICATION_ STATE OF TEXAS COUNTY OF COLLIN WHEREAS, BLOOMFIELD HOMES, L.P., is the owner of a 17.798 acre tract of land situated in a portion of the Henry Brantly Survey, Abstract No. 71, The Guyn Morrison Survey, Abstract No. 559, City of Anna, Collin County, Texas, being part of that certain called 73.598 acre tract described in a deed from Dechomai Asset Trust to Bloomfield Homes, L.P., recorded in Instrument No. 20131227001685590 of the Deed Records of Collin County, Texas (DRCCT 1, and being more completely described as follows, to -wit: COMMENCING at 3/8` iron rod found for the most westerly Northwest corner of said 73.598 acre tract, the Southwest corner of a called 4.0 acre tract described in a deed to Jose Facundo, et ux recorded in Volume 4625, Page 759 (DRCCT I, being in the East line of a called 60.549 acre tract described in a deed to Two-J Partners, LLLP recorded in Instrument No. 20080509000562490 (DRCCT I, said point being the recognized Northwest corner of said Henry Brantly Survey, the most southerly Southwest corner of the Martin Moore Survey, Abstract No. 649, and being in the East line of the Francis T. Duffau Survey, Abstract No. 288, from which a I' iron pipe found for the Northwest corner of said 4.0 acre tract and the Northeast corner of said 60.549 acre tract bears North 00 deg. 28 min. 17 sec. East . 246.65 feet, THENCE South 89 deg. 04 min. 19 sec. East departing the East line of said 60.549 acre tract and the recognized East line of said Francis T. Duffau Survey and continue along the most westerly North line of said 73.598 acre tract, the South line of said 4.0 acre tract, and the recognized North line of said Henry Brantly Survey and the South line of said Martin Moore Survey, a distance of 290.63 feet to a 1/2' capped iron rod set stamped ' GOODWIN 8 MARSHALL' , hereinafter referred to as 1/2' capped iron rod set, said point being the TRUE POINT OF BEGINNING, THENCE South 89 deg. 04 min. 19 sec. East along said North and South lines, a distance of 430.63 feet to a 1/2' capped iron rod found stamped ' GEER' for an ell corner of said 73.598 acre tract, the Southeast corner of said 4.0 acre tract, the most southerly corner of Anna High School #1 Addition recorded in Volume 2011, Page 176 of the Plat Records of Collin County, Texas (PRCCT ), and being the recognized Southeast corner of said Martin Moore Survey and the Southwest corner of said Guyn Morrison Survey, from which a 1/2' capped iron rod found stamped ' TIPTON' bears North 19 deg. II min. 23 sec. East . 0.24 feet, THENCE North 00 deg. 04 min. 11 sec. East along the most northerly West line of said 73.598 acre tract, the East line of said Anna High School #1 Addition, and the recognized East line of said Martin Moore Survey and the West line of said Guyn Morrison Survey, at 312.76 feet pass a 5/8' capped iron rod found ' illegible' for the Southeast corner of Lot I, Block I as shown in said Anna High School #1 Addition, continue a total distance of 927.71 feet to a 3/4' iron rod found for the most northerly corner of said 73.598 acre tract and being in the West right-of-way line of West Crossing Boulevard (80' right-of-way width ) as shown in Volume 2009, Page 413 (PRCCT 1, said point being a Point of Curvature of a non -tangent circular curve to the left, having a radius of 640.00 feet, a central angle of 40 deg. 39 min. 24 sec., and being subtended by a chord which bears South 40 deg. 37 min. 22 sec. East - 444.67 feet, THENCE in a southeasterly direction along said curve to the left, departing the East line of said Anna High School #1 Addition, and said East and West Survey lines, continue along the East line of said 73.598 acre tract and said West right-of-way line, a distance of 454.14 feet to a 1/2' iron rod found ' bent' , THENCE South 60 deg. 57 min. 04 sec. East tangent to said curve and continue along said East line and West right-of-way line, a distance of 107.46 feet to a 1/2' capped iron rod set, for a Point of Curvature of a circular curve to the right, having a radius of 405.00 feet, a central angle of 61 deg. 47 min. 53 sec., and being subtended by a chord which bears South 30 deg. 03 min. 07 sec. East - 415.96 feet, THENCE in a southeasterly direction along said curve to the right, the East line of said 73.598 acre tract, and said West right-of-way line, a distance of 436.82 feet to a 1/2' iron rod found ' bent' , THENCE South 00 deg. 50 min. 49 sec. West tangent to said curve and continue along said East line and West right-of-way line, a distance of 596.31 feet to a 1/2' capped iron rod set, from which a 5/8' capped iron rod found stamped ' WESTWOOD' for the Northeast corner of West Crossing Phase 7 recorded in Instrument No. 2018-609 (PRCCT ), some being in the East line of said 73.598 acre tract and the West right-of-way line of said West Crossing Boulevard bears South 00 deg. 50 min. 49 sec. West . 755.70 feet, THENCE North 89 deg. 09 min. 11 sec. West departing said East line and West right-of-way line, a distance of 170.00 feet to a 1/2' capped iron rod set, THENCE North 00 deg. 50 min. 49 sec. East, a distance of 120.00 feet to a 1/2' capped iron rod set, THENCE North 89 deg. 09 min. 11 sec. West, a distance of 210.00 feet to a 1/2' capped iron rod set, THENCE South 76 deg. 28 min. 28 sec. West, a distance of 76.51 feet to a 1/2' capped iron rod set, THENCE North 66 deg. 18 min. 36 sec. West, a distance of 82.15 feet to a 1/2' capped iron rod set, THENCE North 89 deg. 32 min. 27 sec. West, a distance of 109,10 feet to a 1/2' capped iron rod set, THENCE South 77 deg. 21 min. 51 sec. West, a distance of 70.64 feet to a 1/2' capped iron rod set, THENCE South 25 deg. 06 min. 32 sec. West, a distance of 92.42 feet to Cl 1/2' capped iron rod set, THENCE South 02 deg. 59 min. 15 sec. West, a distance of 54.03 feet to a 1/2' capped iron rod set, THENCE South 00 deg. 28 min. 17 sec. West, a distance of 218.20 feet to a 1/2' capped iron rod set, THENCE North 89 deg. 31 min. 43 sec. West, a distance of 160.00 feet to a 1/2' capped iron rod set, THENCE South 00 deg. 28 min. 17 sec. West, a distance of 16.16 feet to a 1/2' capped iron rod set, THENCE North 89 deg. 31 min. 43 sec. West, a distance of 118.50 feet to a 1/2' capped iron rod set, THENCE North 00 deg. 28 min. 17 sec. East, a distance of 498.27 feet to a 1/2' capped iron rod set, THENCE South 89 deg. 32 min. 27 sec. East, a distance of 8.16 feet to a 1/2' capped iron rod set, THENCE North 00 deg. 27 min. 33 sec. East, a distance of 170.61 feet to the POINT OF BEGINNING, containing 775,286 square feet or 17.798 acres of land, more or less. SURVEYOR'S CERTIFICATE Know All Men By These Presents; That1, John Nicholas Rogers, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the City of Anna, Texas. Dated this theIII ay of dtfr�t/ 2018. Al q7n� c �E OF TEL John Nicholas Ro ers, R. P. L. S. #6372 �4GI57Eq to Goodwin 8 Marshall, Inc. „; ......I... 2405 Mustang Drive JOHN N. ROGERS Grapevine, TX 76051 ...' ............. 6372 (817 ) 329-4373 o'A•' STATE OF TEXAS I SS COUNTY OF TARRANT I BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared John Nicholas Rogers, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN U MY HAND N SAL OF THE OFFICE this the day of 2018.SHERRI, Public, A.TAYLOR Notary No Public, State of Texas Notary public, State of Texas °.+ Co"'m.raoeof-zozo eP+ Rotary ID$21215.6 I. Bearings are oriented to Texas State Plane Coordinate System, North Central Zone, 4202, derived from GPS observation.The combined scale factor for this site is 0.99985652. This factor is to be applied to any ground coordinate or distance values in order to reduce said values to State Plane grid. 2. All property corners are set with 1/2' iron rods with yellow plastic caps stamped ' Goodwin 8 Marshall' , unless otherwise noted. 3. Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits. 4. ROW owned by City, Landscape Improvements, Owned and Maintained By Owner, HOA or the Owners of the Individual Lots Contained within this Plat, As Applicable. 5. According to the Flood Insurance Rate Map (FIRM ) panel 48085CO155J, effective June 2, 2009 and Flood Insurance Rate Map (FIRM ) panel 48085CO160J, effective June 2, 2009. This survey is located in Flood Insurance Zone ' X' (non -shaded I, being defined as areas outside the 0.2% annual chance floodplain. 6. Parkway improvements such as curb 8 gutter, pavement tie-in, drive approaches, sidewalks, and drainage inlets may be required at time of building permit issuance via a parkway permit. 7. Lots 17X, Block LL, 29X, Block MM, and 30X, Block KK are private H.O.A./Developer owned and maintained open space lots. 8. The City of Anna is not responsible for the maintenance of the retaining walls so the HOA will be responsible for the maintenance of all retaining walls. OWNERS CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, BLOOMFIELD HOMES, L.P., acting herein by and through its duly authorized officer does hereby adopt this plat designating the herein above described property as WEST CROSSING PHASE 11, an addition to the city of Anna, Texas, and does hereby dedicate to the public use forever the streets and alleys shown thereon, and does hereby dedicate the easement strips shown on the plat for mutual use and accommodation of all public utilities desiring to use, or using some. No buildings, fences, trees, shrubs, or other improvements shall be constructed or placed upon, over or across the easement strips on side plat. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements, or growths, which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of these easement strips, and any public utility company shall at all times have the right of ingress or egress to and from and upon any said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone. WITNESS MY HAND THIS DAY OF, , 2018 . BLOOMFIELD HOMES, LP., a TEXAS LIMITED PARTNERSHIP Byl BLOOMFIELD PROPERTIES, INC. a TEXAS CORPORATION, GENERAL PARTNER BY: Donald J. Dykstra, President BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Donald J. Dykstra, President of Bloomfield Properties, Inc. the General Partner of Bloomfield Homes, LP, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE THIS DAY OF, , 2018. Notary public, State of Texas CERTIFICATE OF ACCEPTANCE BY THE ANNA CITY COUNCIL Approved this day Mayor, City of Anna, Texas City Secretary, City of Anna, Texas 2018 , by the City Council of the City of Anna, Texas. I WLLA I ti 25X25' VISIBILITY 8 SIDEWALK J EASEMENT (TYPICAL J IJ ---� -J L---- 125' T LOCAL STREET STREET TO STREET INTERSECTION lO' XIO' SIDEWALK AND UTILITY EASEMENT (TYPICAL J NOTE, DETAIL PERTAINS TO ALL LOCAL INTERSECTIONS. TYPICAL STREET INTERSECTION N. T. S. OWNER: MBLOOMFIELDD FIOMES 1050 E. HWY 114, SUITE 210 SOUTHLAKE, TX 76092 817-416-1572 DEVELOPER: 0 0 2309 AVE K SUITE 100 PLANO, TX 75074 972-422-1658 LOT SUMMARY TABLE LOT BLOCK (SQ. FT.I ACREAGE 20 HH 6001 0.138 21 HH 6001 0.136 22 HH 6001 0.138 23 HH 6004 0.138 24 HH 6068 0.140 25 HH 6458 0.148 26 HH 7379 0.169 27 HH 7371 0.169 28 HH 6001 0.138 29 HH 6387 0.147 30 HH 6195 0.142 31 HH 6001 0.138 32 HH 6000 0.138 33 HH 6037 0.139 34 HH 6906 0.159 35 HH 6255 0.150 36 HH 6144 0.141 37 HH 6025 0.138 38 HH 6000 0.136 39 HH 7200 0.165 LOT SUN04ARY TABLE LOT BLOCK (SO. FT. 1 ACREAGE 15 KK 6176 0.142 16 KK 6155 0.141 17 KK 6133 0.141 18 KK 6112 0.140 19 KK 6090 0.140 20 KK 6069 0.139 21 KK 6047 0.139 22 KK 6051 0.139 23 KK 6749 0.155 24 KK 7402 0.170 25 KK 6338 0.146 26 KK 6372 0.146 27 KK 6407 0.147 28 KK 6441 0.148 29 1 KK 7760 0.178 LOT SUMMARY TABLE LOT BLOCK (SO. FT.) ACREAGE 10 NN 6642 0.152 II NN 6050 0.139 12 NN 6090 0.140 13 NN 6096 0.140 14 NN 6286 0.144 15 NN 6339 0.146 16 NN 6340 0.146 17 NN 6343 0,146 18 NN 7155 0.164 LOT SUMMARY TABLE LOT BLOCK (SQ. FT. 1 ACREAGE I LL 11259 0.258 2 LL 7050 0.162 3 LL 6325 0.145 4 LL 6325 0.145 5 LL 6325 0.145 6 LL 6325 0.145 7 LL 6325 0.145 8 LL 6325 0.145 9 LL 7035 0.162 10 LL 8294 0.190 11 LL 7150 0.164 12 LL 7150 0.164 13 LL 7150 0.164 14 LL 7150 0.164 15 LL 7126 0.164 16 LL 6689 0.154 LOT SUMMARY TABLE LOT BLOCK (SO. FT.) ACREAGE I MM 7231 0.166 2 MM 6000 0.136 3 MM 6000 0.138 4 MM 6000 0.138 5 MM 6000 0.136 6 MM 6000 0.138 7 MM 6000 0.138 8 MM 6000 0.138 9 MM 6000 0.138 10 MM 6000 0.138 II MM 6000 0.138 12 MM 6376 0.146 13 MM 6943 0.159 14 MM 6943 0.159 15 MM 6943 0.159 16 MM 6943 0.159 17 MM 6943 0.159 IS MM 6943 0,159 19 MM 6248 0.143 20 MM 6822 0.157 21 MM 11022 0.253 22 MM 24547 0.564 23 MM 6652 0.153 24 MM 6494 0.149 25 MM 6599 0.151 26 MM 6566 0.151 27 MM 6532 0.150 28 MM 6498 0.149 TRACT SUMMARY TABLE TRACT BLOCK AREA (SO. FT. ) AREA (AC.) USAGE MAINTENANCE RESPONSIBILITY 17X LL 7592 0,174 LANDSCAPE, OPEN SPACE, UTILITY EASEMENT H.O.A. 29X MM 2136 0.049 LANDSCAPE, OPEN SPACE, UTILITY EASEMENT H.O.A. 30X KK 2343 0.054 LANDSCAPE, OPEN SPACE, UTILITY EASEMENT H.O.A. WEST CROSSING PHASE 11 BEING 17.798 ACRES SITUATED IN THE HENRY BRANTLY SURVEY, ABSTRACT No. 71 G. MORRISON SURVEY, ABSTRACT No. 559 CITY OF An COLLIN COUNTY, TEXAS 88 RESIDENTIAL LOTS, 3 NON-RESIDENTIAL LOTS OCTOBER, 2018 lq- PREPARED BY: o � 00DVID Q Sir 2 ®� w M SHALL CIVIL ENGINEERS -- PLANNERS --- SURVEYORS 2405 Mustang Drive, Grapevine, Texas 76051 Metro (817) 329-4373 TBPE REGISTRATION # F-2944 TBPLS # 10021700 GJT OODWIN ? CIVIL ENGINEERS ~ PLANNERS - SURVEYORS 1yl( Q1R SJ-)(Ai 1L1L October 30fh, 2017 Mr. Joseph Johnson Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75409 RC: West Crossing Preliminary Plat -Phase 9 and 11 Dear Mr. Johnson: Goodwin and Marshall, ITrc. has performed an analysis to determine the impacts of the West Crossing development on downstream properties. This analysis, which has been submitted to, reviewed and approved by the City back in April of 2017 shows no detrimental impacts downstream. Based on this, this letter serves as our verification that no detrimental impact is experienced downstream of the project due to the construction of West Crossing Phase 9 and 11. Mr. Johnson, we appreciate your time and considerations during the )•eview process of this project. If you have any questions, additional comments or need any further imormation, please no not hesitate to contact our office at 817-3294373. Thank you for your attention on this matter. Sincerely, Goodwin &Marshall, Inc. • Edward Eckart, P.E. EWE/mjb TEXAS • 3405 Mmung Brire • GnperiM, iA 76051 • 817.379.431) TENNESSEE • 6074 Apple Tne Bme • XempAi61N 3B1IS • 901.BB1.9188 ARIZONA • 6909 Wesa RaT Rad, 3ui1e IS • Chmdler, Ai BS716 • 601.11N.17BS COLORADO • 8400 E. Prmgn Are. • Gnenwood Yllage, f0 BBIII • 301.459AB61 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WEST CROSSING PHASE 11. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-A of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Bloomfield Homes has submitted an application for approval of a Final Plat of the West Crossing Phase 11 Subdivision; WHEREAS, The Final Plat of West Crossing Phase 11 generally conforms to the Preliminary Plat of West Crossing 9 and 11; WHEREAS, The Final Plat of West Crossing Phase 11 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of West Crossing Phase 11 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Item No. 5.j. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pproving a Resolution approving the Avery P ointe P hase 5 Final P lat. (Maurice Schwanke) S UM M ARY: T he Avery P ointe P hase 5 F inal P lat is located in the F rancis T. Duffau S urvey, A bstract No. 288. T he plat contains approximately 24.509 acres covering a section of land on the Southwest corner of F erguson Pkwy and Avery P ointe Dr, just north of F M 455, that will consist of 129 lots. A drainage letter has been submitted by their engineer stating no downstream drainage impact. S TAF F RE C O M M E ND AT I O N: Approval of the Resolution approving the Avery P ointe P hase 5 Final P lat. AT TAC HM E NT S : Description Upload Date Type Resolution 11/7/2018 Resolution L ocation Map 10/25/2018 Exhibit F inal Plat 10/23/2018 Exhibit Drainage L etter 10/31/2018 Exhibit 1 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF AVERY POINTE PHASE 5. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-A of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Lennar Homes has submitted an application for approval of a Final Plat of the Avery Pointe Phase 5 Subdivision; WHEREAS, The Final Plat of Avery Pointe Phase 5 generally conforms to the Preliminary Plat of Avery Pointe; WHEREAS, The Final Plat of Avery Pointe Phase 5 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Avery Pointe Phase 5 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike 455PIN OAK TRAILHAWTHORNE RD. SYCAMORE ST.PENTON LINNS DR.HILLTOP DRIVE STANLEY FALLS DRIVE NIAGARA FA L LS DR IV E VICTORIA FALLS DRIVE RHYMERS GLEN DR.KAIE TEUR DRIVE TANUR CASCADE DRIVEHILLTOP DRIVEHILLSIDE DRIVEWILEY FARMCREEKSIDE DRIVE CR E E K V I E W D R I V E CREEKVIEW DRIVE WYATT EARPBUFFALO BILL DOC HOLLIDAY BAT MASTERSON ANNIE OAKLEY POST OAK TRAIL LIVE OAK DRIVE BLACK OAK COURTNIAGRA FALLS DRIVE STANLEY FALLS DRIVE ATHABASCA FALLS DRIVEHANAKOA FALLS DRIVEHELMOKEN DRIVE FALLSAINSWORTH DR.HONEYWELL DR.BIRDBROOK DR. MELBOURNE DR.PINE KNOLL WAYPARKVIEW DR.CENTRAL EXPRESS WAY (U.S. 75) FERGUSON PARKWAY WHITE STREET (F.M. 455)HACKBERRY DRIVECRESCENT VIEW DR.CROSSVINE DRCOPPER SWITCH DRRYEDALE LNFERGUSON PARKWAYAVERY POINTE DRTIMBERFALLSDRCEDAR CANYONDR.DEERFIELD DRTIMBERFALLS DRBROOK VIEW CTFOREST HAVEN DRCHAPEL HILL DR.MILLS DR.HAYES DR.HAYES DR.WHITE STREET (F.M. 455)SITEWATERTON DRIVEWESTFALL DRWESTPARK DR FIELDS VIEW DRSTONEFIELD DRLAURENBROOKE DRMADISON DR / - 12 1 I L / LOT 30, BLOCK G vz" Ir�Fc OPEN AREA J'3I LOT 4 I / 1 ____' VICINITY MAP N.T.S. - I XF � I BLOCK G ___---- -_ / I 35 ., 33 32 31 30 29 I I I ''', '---- I I - 28 27 26 25 I I W 23 1 I �-•- -- i 22 --- THE FALLS PHASE 21 I - - - - - 370 CAB. P, PG. I I 20 19 i 18 13 � I I N LOT 5 PKF BLOCK C I P.R. _ Q C.0 U / L------------ -- 14 6 LOT _ y 36s ,1�0I I I ---- U I 5/8IRFC - - - - - - - _ _ WESTFALL DRIVE I BLOCK O ---------- I 1 I I I 75 HACKBERRY AVERY POINTS � %� -- / LOT 14 3 PHASE 4 - - - ------------- _ / _ I U) Z S89°15'18 .5 113.57 IRSC VOL. 2018, PG. 311 T Q SITE -\ IRsc 5.00' GJ ,C P,G� AVERY POINTS - - ----------- 108.5T 15 I cJ m P.R.C.C.T. G PHASE 4 �' LOT 7 - / 4 I o rn �Q•P� P�CJ VOL. 2018, PG. 311 I _ 1 I wCr x LL ~ LL � o I P.R.C.C.T. I------------- -- I I I I� - 0- w S89°15'48"E 108.57' I 1 5 i BLOCK H j _ ---------- 455 m �- -- I cal 2 3 4 8 g I 1 p I,i I I �...I I �- II -XF � LOT 13 � � 12 13 16 z LOT 8 ! , J I T S89°15'48"E 14 1 16 17 18 I 1 V NORTH o 5 O I 10 0 50.00' ---- I o L N I � II u _ - XF I'I, ------ - S89°15'48"E 108.56' I ° -_ Q o 1-. IRSC IRSC BLOCK K z ro U. - S88 49 5T E 610.69 IRSC 17 Q o U. BLOCK A 50 00' I 60.69' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' S0.05' S86°19'04"E 181.78' IRsc S88°4 I o S, � ��1/2" IRFC LOT 9 _0 9 57 E 176.33 IRsc LOT 12 I� 6 I o J O o o O o 0 50.05' Q N a JBI o I o w m o 0 0 0 r 0 N N o 31.63' 18.40 50.00' 50.00' I U U -1 Ii° I ie D w I I w N N BLOCK HN N � N C\io 00 00 50.05 57.93' = OZ GENERAL NOTES: S89°15'48"E 108.56' I I 0 � � o I 4=8°22'29° I Q N I -� Io I o) wI wI wI u,I w w - o BLOCK H 1 1. All corners set are monumented with a 5/8 inch iron rod with red plastic cap N � 37 o M M M w I w I w v R=881.00 >_ z 1 BLOCK C I I I °� I� I I ° I 36 o) 35 0 34 0 33 0 32 0 oI o M MI wI wI I °o 0 o m 1 _ LOT 10 stamped "KHA", unless otherwise noted. w �; w L=128.77' 1 0 O ° I Z o o I o I oI bI 31 0 30 0 29 0 28 9 M ih �I 1 1 LOT 1X-HOA o 7 I �I o I oI OI 27 O) 26 oI 25 0 w wI 11 CB=S3°50'32"E 1 0 o I 0 I Z Z z z Z z o 0 o OI 24 PI 23 w I o o AVERY POINTE 2. All bearings shown are based on grid north of the Texas Coordinate System, L I z z Z o O oI 22 oI MI wI I C=128.66' 1--� 1 1_�HA6E-fi NAD83, North Central Zone 4202. All dimensions shown are ground S89°15'48"E 108.56' I I- 20' B.L_ Z z Z ° o 0 21 0 20 o distances. To obtain a rid distance, multiply the round distance b the �- - - Z ° _o oI 19 I 1 VOL. 2016, PG. 454 9 p Y 9 Y 5' I�\,5_ - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ 3.94' z Z I 1 P.R.C.C.T. I Project Combined Factor (PCF) of 0.999856573. Vertical Datum NAVD 88. 9.85'- 50.00' 50.00' 50.00'- 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 46.07' 20 B.L. Z Z I AVERY POINTS 1 LOT 10 o I I o - - - - 50.03 - - - - - 3. All proposed lots situated in whole or art within the cit s corporate limits 0 8 CD 25'x25' S.V.E. N - 50.09' -- I PHASE 4 I p p p Y p `O I `c 10' U.E. -50 18 26 95 - _ J I I I LOT 11 comply with the minimum size requirements of the governing zoning district. S88°49'57"E 588.60' _ _ AVERY POI NTE DRIVE 23.32 50 19; - - - - - 25'x25' S.V.E.I VOL. 2018, PG. 311 - - S89°15'48"E 108.55' 25'x25' S.V.E. - - - C3 - 50.09' 69 P.R.C.C.T. r� - - M LO - - - - 69.20' I Q 4. All common areas to be owned and maintained by the Homeowners LID_ IRSC Association. _ _ `� 10' U.E. - IRSC C1 � - - - - - _ _ _ __ C� I AVERY POINTS 5. All proposed lots shall have a 10-foot Utility Easement adjacent to street LOT 9 00 Io 9 I Oo I 1.53'- - - 50.00'--50.00_ - 50.- - 50_00' - 50.00' 50.00' 50.00' 50.00' 50.000 - 50.00' 49.09' - �' - --- ---- --- - 50.54' - - ch I� I i� I o 1.88' - - - - - 50_60_ 50.70' J 25'x25' S.V.E. - - - - - I - ♦ right-of-ways. o S89°15'48"E 108.55' I , 0 0 20' B.L. o - - - I Q DRIVE o - - �, � N �i N o 0 0 0 0 0 - 3�90' 50.67 IRsc C2 IRSC IRSC S88°49'57"E 125.01' XF �xF 6. Retainingwalls and grade beams on residential lots to be owned and z I I 0I N N N N 0 rn _16.88' - -=-50.58' - 62.83' IRSC _ _ - - - w o 7 � °? N 5' P.W.M.E. maintained b the Home Owner. _ I 1 7 _ 20, B.L. - J J 15.00' Y LOT 8 0 10 I o N N 2 M 3 4 ao �, L3 --- _ � N88°49'57"W 99.01'F o I o 'v o I7 I Io Io Io Io 5 Io 6 0 7 0 8 co co9 10 M 11 12 13 _ N I IRSC CY)I IRsc ao.00' \ z 7. All Sight Visibility Easements (SVE) are 25'x25', and also include the City's �� I o I0 IO Io Io IC) Io Ico 14 � _ I N I 44 `� right to construct and maintain sidewalks therein. S89°15'48"E 108.54' co I I Icn Iu) Icy ° 0 0 o I co 15 � � � 5 ' I � (f �- - - I I� I� Ic Ico I� ICn I- I� I� _o to Io 16 t 17 I 25- 25' v ID AINAGE EASEMENT m I I m I° o IO CO 18 I I _ IIN�T. NO. 20170413000472220� I 8. According to Community Panel No. 48085C0155J dated June 02, 2009 of 50'U IuJ I° Io Io 19 (ABANDONED BY THIS PLAT) " I O I I the National Flood Insurance Program Map, Flood Insurance Rate Map of `� 16 Collin County, Texas, Federal Emergency Management Agency, Federal LOT 7 0 11 I I o 25' 25' 60.69' - 50.00' - 50_00' 50.00'- 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' I° o I I y �88°02'22"W 115 I `� w I I I 0 0 - - - - 50.97' S86°42'07"E BLOCK I IW aoN Of O O o S88°49'57"E - 50.60' I� I I ,�j + I 80 Insurance Administration, this property is within Zone "X", which is not a S89°15'48"E 108.54' I J � N o S88°09'19"E 50.53' S83°48'07"E 11 to olbo r- I- o m O S o S o S85°15'11"E S82°53'58"E I ry o I 43 0 So L w o special flood hazard area. If this site is not within an identified special flood - - - - 0 0 0 0 �- 50.7p' - S84°53'32"E N N g hazard area, this flood statement does not imply that the property and/or the THE FALLS PHASE 1A 5' I I I I� I� I� I� BLOCK I I� N N O o �' S0.77'_ 50.59' S88°49'57"E I , I w v o M I� I� I� I� N �, 50.62' - _ N U o structures thereon will be free from flooding or flood damage. On rare ry CAB. O, PG. 615 0 o co O co I� Ic i I� r` S85°29'43"E r` LOT CA-66 Q o 12 I o d IO I Io I- Io 2 Irn °� - 61.28' _ a occasions, greater floods can and will occur and flood heights may be w I IM I I_ I �I I I I N88°02'22"W 115.00'80 N I AMENITY CENTER P.R.C.C.T. o N o o m I_ L N °_ °_ Cl)m M I I� I I m coM Y increased b man-made or natural causes. This flood statement shall not 38 37 36 O O o O 30 M I� I� �I I I �) I I`° m I ICI I I �n J z I create liability on the part of the surveyor. - - S89°15'48"E 108.54' I I U 35 0 34 0 33 0 32 ° 31 0 29 0 28 26 �I N uil� I`' O 5' P.W.M.E. o I 0 27 o M 25 r� I �I I � I +� I I o 42 (DI I w d I U) co W in o o O o o 24 I a � r I° o U) o cn 0- AVERY POINTS in 0 o I 0 23 � I I� a I� I N BLOCK C `c' U z o 9. Screen wall to be owned and maintained by the Homeowners Association W I - - 20' B.L. o ° 110 co 22 Lo PHASE 1 o I o) cn o O o in I ch ? I I (HOA). LOT5 6 CDO 13 IO -- ---- --- ---- --- cn I °_ I o I Cn 0 21 0 20 Ir I w I1 VOL.2016, PG. 454 _ _ _ _ _ _ _ 1.88' o I _ N88°02'22"W 115.00' P.R.C.C.T. 10. The Private Drainage Easement (PDE) shall be maintained by the Home 9.85' ___ ____ _ I 20'B.L. � _ I� bI � �I O II BLOCK C I `c - 50.00' 50.00' 50.00'- 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 4g.pg' I I cn co I o I 41 I Owner's Association (HOA). S89°15'48"E 108.53'I - - - - - - - AL50.60' S� -�22 I v o w r� 25'x25' S.V.E. 50.54' c�i cv 0.69'S88°49'57"E 586.54' 10' U.E. _ 755' 11. In accordance with the a roved reliminar lat, we are re uestin a I -- _ _ DEERCHASE DRIVE -068-_____II pp P Y p q gLOT4 0 14 I o I 25'x25' S.V.E. o - - C5 - INST. Np, 2017041 15S.S E - 50.58 ` I I I waiver for overlength block on Laurenbrooke Drive and Westpark Drive. 5/8" IRFC - N-8 02 22 W 112 3' "CARTER BURGESS" I _ N (ABANDONED 300047225° JBI IRFC ONED BY THIS PLAT) _ 25'x25' S.V.E. BSI I I 2 "JBI" JBI _ _ _ 10' U.E. I C6 o I o 0.53' - - 50.00'--50.00_ _ 50.00 _ 50.00' _ 50.00' _ 50.00 50.00' 50.00' 50.00' 50.00' 49 19 25'x25' S.V.E. 65.36' I I �'� I 40 o � - - S89°15'48"E 108.53' I I I - - - - 5/8" IRFC I - _ r "CARTER BURGESS" I ICR - ---- - - - - - - ---- -_--50.04' 50.10 0 0 0.82' - 50. / N88°02'22"W 124.51' I IRSC LOT 3 N I o w N O o 20' B.L. o 0 0 0 20, I o - IRSC bo15 I I CD > I o N cl� o N I 20, B.L. I I 18.28' -3 I W / 1 84.05' \ C'.> - - - - - _ N � _� I� 67.1 40.02' S' P.W.M.E. FERGUSON PARKWAY -- IN S89°15'48"E 108.30' I Q w N I I 1 o 2 �� 3 M 4 M 5 m 6 7 8 9 10 I� �I I� d I I wI I I I / I DRAINAGE EASEMENT VOL. 2018, PG. 311, P.R.C.C.T. I� I o o 0 0 0 o i0 11 �I I v I `� INST. NO. 20170413000472270 I� Io I I w 25'x25' S.V.E. I BLOCK C 0 I I Y I o I J o I� Io Io Io Io Io Io 0 13 I 14 2 I �I I 0 I IQ (ABANDONED BY THIS PLAT) 0 co l o I 15 I 16 I LLi I S.S.E. I LOT 1X-HOA o 16 I o I 00 I Im I� BLOCK J I� I� I� ° INST. NO. 20170413000472260 I `° Q o I I� I� coII� Iin _� I I 0 I I �) I (ABANDONED BY THIS PLAT) I 0 I o S89°15'48"E 107.84' ^ - - - ° I cn N N88°4957 w _ _ _ I R=1540.00' 59.69' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00 50.00' 50.00' 50.00' 50.00' S87°17'56"E I 5076- 04' I I I I I I I U7 I ' S83°46' �rn LOT 1 00 ml 10 o 0 0 0 50.02' 7"E 041E 50.27 I I PN O rn 0 CB 1S4 05 07 W 17 o I I w l I I I I� I 0 0 0 0 0 0 0 II 50.20' I S82°54'30"E S88°49'57"E I Q� Oo o Z^ I _ ° „ 5' N `r' I I I� I� I�i Io Io N o 61.00' I �I N Q w o I PRIVATE DRAINAGE AND C-114.19' I I o IM I� I I� IN o iv I \ I I0 LQ (D W o DETENTION EASEMENT 1/2" IRFC S89°15'48"E 107.36 IO I I� I� I - V LO I � -. 0 / Q c) co JBI 1/2" IRFC 1/2" IRFC --�--� M I� I I BLOCK J M m L 0'_ z_ w U INST. NO. 20160607000708750 JBI NI 32 0 31 o co co M I� I I- Iw Iw io I_ 7 I o 0 29 28 0 27 M M M co I I �� I O.P.R.C.C.T. "EC&D RPLS 5439" 30 o O I Q O U co a) I o o 0 0 26 0 25 0 24 0 23 0 22 M 21 � I I Of Z� D_ LOT 9, BLOCK B M I 18 I I 0 o I o 20 o 19 o I a 18 I a i I i I o o i FINAL PLAT -LO �, ° �I III`" o I`� 17 N QwO I w 9.73' I I - - - 20' B.L. - Iin inI oI I I ► E w FERGLOON BLOC A AND AVERY PO I NTE PHASE 5 I I _ _ _ _ _ _ _ _ _ _ 20' B.L. �I I �,I I I 5 , I z_ I 39X-HOA v2" IRFC VOL 2016, PG. 452 _ _ _ 1_63_ _ _ I I "JBI" o p S89°15'48"E 103.52' 8.85' 50.00' 50.00' - 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' _ 50.00 48.38' - 20.97' I 25 25' o P.R.C.C.T. N - - I� �� - - - _ --- _ 50.03' 50.09 - - _ 10' U.E. 29.18' c0 1/2" IRFC Z 19 CoI25'x25'S.V.E. _ N _ RIVER CROSSING DRIVE 5008 -'� N "JBI" S88°49'57"E 535.29' I 61.03' I � S88°49'57"E I BLOCK C, LOT 1X-HOA, LOTS 4-38, LOT 39X-HOA & Cr) 123g2 )� - N 10' U.E. _ - - C285'x25' S.V.E. �6I - 10.46' i I LOTS 40-44; BLOCK H, LOTS 19-37; N BLOCK I, LOTS 1-38; BLOCK J, LOTS 1-32; THE FALLS PHASE 1A I 1t, \ 50_00_ - 50.00' - 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 40.63' 50.01' h 17.67 I CAB. 0, PG.615 605� �40.02' ----------- --- -- _ - - - - - - - - _ _ 50.05' �� N42°44'34' W P.R.C.C.T. 02 - - - - - - - so.12' G 9.37' 44.39' 14.89' m 0 20' B.L. - - - - I 50_06_ 32.52' 7(9 33 I FERGUSON PARKWAY 20 ry o m 5.74' 3 / N CN 0 W r- M N O _ 2' 43 15'S.S.E. 129 RESIDENTIAL LOTS "' o N `° o I - I I VOL. 2016, PG. 452 <b N _N N N m r� M v 120, B.L. I S1°10'03"W P.R.C.C.T. �/ 21 MI 22 w) 23 w) 24 wI 25 wI 26 wI 27 �) 28 N N N 6 co 0 rn I I 130.84' I 2 HOA LOT LU 29 w I 30 w) 31 I _ I� _ I M co U-1w 32 I co 33 I 11 I�06 I� 5 o of �I of of oI co of of of w �I o o 34 M 35 wI I w 7I 1 ' �I �I I I 15'S.S.E.I I r` o Z o o ° o I o I PI c') I 36 w w w INST. NO. 20170413000472260 o N a Z z z Z Z z Z BLOCK C° ° o o o) oI I g 37 0 38 a M (ABANDONED BY THIS PLAT) I 24.509 ACRES = Z Z Z Z Z o `o CLZ 515-16 Z Z j a - 1S89_°o1_'10"E _ - - - So SITUATED IN THE 15.16 - -85.18- - - - g8.450.00- Z _---- - FRANCIS DU FFAU SURVEY, ABSTRACT NO. 288,IRSC 00- --5050.0.00'- -50.L -L50.00':i[ 0.00- 4_0Wt-------6- -50.00- -50.00- --- .- .5- .-50.00- I -5'5P. 0. B. T. N89001'10"W 1073.95' GRAPHIC SCALE IN FEET 60 0 30 60 120 1 " = 60' @ 24X36 LEGEND BOUNDARY LINE EASEMENT LINE BUILDING LINE IRF IRON ROD FOUND IRFC IRON ROD FOUND WITH CAP IRSC IRON ROD SET WITH CAP IPF IRON PIPE FOUND NTS NOT TO SCALE FND. FOUND B.L. BUILDING LINE P.R.C.C.T. PLAT RECORDS OF COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS XS "X" CUT IN CONCRETE SET XF "X" CUT IN CONCRETE FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING D.E. DRAINAGE EASEMENT S.S.E. SANITARY SEWER EASEMENT S.V.E. SIGHT VISIBILITY EASEMENT U.E. UTILITY EASEMENT P.W.M.E. PRIVATE WALL MAINTENANCE EASEMENT P.D.E. PRIVATE DRAINAGE EASEMENT REMAINDER OF A CALLED TRACT II ANNA 455 COMMERCIAL, LP, INST. NO. 20121119001473740, INST. NO. 20121119001473750 & INST. NO. 20121119001473760 O.P.R.C.C.T. LINE TABLE NO. BEARING LENGTH L1 S02°29'46"W 50.00' L2 S01 °57'38"W 20.69' L3 S88°16'32"E 50.00' L4 N01 °57'38"E 21.02' L5 N43°1421"W 28.19' L6 N43°41'17"W 28.36' L7 N45°57'08"E 28.18' L8 N43°26'10"W 22.47' CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 0'36'11" 1975.00' 20.79' N87°48'20"W 20.79' C2 0°36'41" 2025.00' 21.61' S87°48'35"E 21.61' C3 6'19'07" 2000.00' 220.56' S85°40'23"E 220.45' C4 4°59'25" 2000.00' 174.19' S85°00'32"E 174.13' C5 6'19'07" 2000.00' 220.56' S85°40'23"E 220.45' C6 6'12'36" 2000.00' 216.77' S85°37'08"E 216.66' C7 4°47'42" 2000.00' 167.38' S86°26'06"E 167.33' C8 4°47'42" 2000.00' 167.38' S86°26'06"E 167.33' C9 141'1511" 50.00' 123.27' S44°02'52"E 94.34' C10 142°34'34" 50.00' 124.42' N46°36'49"E 94.71' C11 141-53-06" 50.00' 123.8Z N47°03'40"E 94.52' 1/2" IRFC "PEISER MANKIN SURW I REMAINDER OF A CALLED 20.000 ACRES ANNA 455 COMMERCIAL, LP, INST. NO. 20071205001623090 & INST. NO. 20071205001623100 O.P.R.C.C.T. I I N89°01'10"W 200.07' 1/2" IRFC--- 20' S.S.E. (DISTURBED) INST. NO. 20160607000708730 O.P.R.C.C.T. I LOT 1, BLOCK A I ANNA 455 ADDITION VOL. 2016, PG. 860 P.R.C.C.T. 1/2" IRFC---- "JBI" I I 1/2" IRFC�� "JBI" I I I I ______1/2" IRFC 1 CITY OF ANNA, COLLIN COUNTY, TEXAS SEPTEMBER - 2018 "JBI" OWNER: Lennar Homes of Texas Land and Construction, Ltd. 1707 Market Place Boulevard, Suite 100 I Irving, Texas 75063 Ph: (469) 587-5300 I Contact: APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: (972) 770-1300 Contact: Mark Harris, PE Email: mark.harris@kimley-horn.com ui Z LOT TABLE LOT NO. ACRES SQ. FT. BLOCK C LOT 1X-HOA 0.108 4,692 BLOCK C LOT 4 0.125 5,428 BLOCK C LOT 5 0.125 5,428 BLOCK C LOT 6 0.125 5,428 BLOCK C LOT 7 0.125 5,428 BLOCK C LOT 8 0.125 5,428 BLOCK C LOT 9 0.125 5,427 BLOCK C LOT 10 0.125 5,427 BLOCK C LOT 11 0.125 5,427 BLOCK C LOT 12 0.125 5,427 BLOCK C LOT 13 0.125 5,427 BLOCK C LOT 14 0.125 5,427 BLOCK C LOT 15 0.125 5,424 BLOCK C LOT 16 0.124 5,403 BLOCK C LOT 17 0.126 5,487 BLOCK C LOT 18 0.125 5,446 BLOCK C LOT 19 0.165 7,202 BLOCK C LOT 20 0.303 13,197 BLOCK C LOT 21 0.189 8,252 BLOCK C LOT 22 0.148 6,464 OWNER'S CERTIFICATE STATE OF TEXAS § STATE OF TEXAS § OWNER'S CERTIFICATION COUNTY OF COLLIN § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF COLLIN § NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: WHEREAS LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., is the sole owner of the following described tract of land: BEING a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, City of Anna, Collin County, Texas, and being all of a called 4.686-acre tract of land described in Special Warranty Deed to Lennar Homes of Texas Land and Construction, Ltd., recorded in Instrument No. 20180614000736900, Official Public Records, Collin County, Texas, and all of a called 11.824-acre tract of land described in Special Warranty Deed to Lennar Homes of Texas Land and Construction, Ltd., recorded in Instrument No. 20180614000736890, said Official Public Records, and a portion of a called 34.986 acre tract of land described in Special Warranty Deed to Lennar Homes of Texas Land and Construction, Ltd., recorded in Instrument No. 20161205001648680, said Official Public Records, and being more particularly described as follows: BEGINNING at a disturbed 1/2-inch iron rod with a plastic cap found for southeast corner of said 11.824-acre tract, common to the northeast corner of Lot 1, Block A of Anna 455 Addition, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2016, Page 860, Plat Records, Collin County, Texas, same also being on the westerly right of way line of Ferguson Parkway, a 120-foot wide right of way as created in Ferguson Parkway and Lot 1, Block A, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2016, Page 452, Plat Records, Collin County, Texas; THENCE North 89°01'10" West, departing the westerly right of way line of said Ferguson Parkway and along southerly line of said 11.824-acre tract and the northerly line of said Lot 1, Block A, Anna 455 Addition, a distance of 200.07 feet to a 1/2-inch iron rod with a plastic cap, stamped "PEISER MANKIN SURV", found for the northwest corner of said Lot 1, Block A; THENCE North 89'01'10" West, continuing along the southerly line of said 11.824-acre tract, a distance of 1073.95 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for the southwest corner of said 11.824-acre tract, on the easterly line of Block A of The Falls Phase 1A, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Cabinet O, Page 615, Plat Records, Collin County, Texas; THENCE North 00°12'05" East, along the westerly line of said 11.824-acre tract and the easterly line of said The Falls Phase 1A, a distance of 362.65 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE North 00°43'58" East, continuing along the westerly line of said 11.824-acre tract and the easterly line of said The Falls Phase 1A and along the westerly line of the aforesaid 4.686-acre tract and the westerly line of aforesaid 34.986-acre tract, a distance of 575.84 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for the westernmost southwest corner of Avery Pointe Phase 4, an addition to the City of Anna, Texas, according to the Final Plat, recorded in Volume 2018, Page 311, said Plat Records; THENCE South 89°15'48" East, departing the westerly line of said 34.986-acre tract, the easterly line of said The Falls Phase 1A and along the southerly line of said Avery Pointe Phase 4, a distance of 113.57 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 00°44'12" West, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 99.70 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 89°15'48" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 50.00 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 88°49'57" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 610.69 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 86°19'04" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 181.78 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 88°49'57" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 176.33 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 8°22'29", a radius of 881.00 feet, a chord bearing and distance of South 3°50'32" East, 128.66 feet; THENCE in a southeasterly direction, continuing along the southerly line of said Avery Pointe Phase 4, with said curve to the right, an arc distance of 128.77 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set at the beginning of a non -tangent curve to the right having a central angle of 00°36'11", a radius of 1975.00 feet, a chord bearing and distance of North 87°48'20" West, 20.79 feet; THENCE in a northwesterly direction, continuing along the southerly line of said Avery Pointe Phase 4, with said curve to the right, an arc distance of 20.79 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 02°29'46" West, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 50.00 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set at the beginning of a non -tangent curve to the left having a central angle of 00°36'41", a radius of 2025.00 feet, a chord bearing and distance of South 87°48'35" East, 21.61 feet; THENCE in a southeasterly direction, continuing along the southerly line of said Avery Pointe Phase 4, with said curve to the left, an arc distance of 21.61 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 01 °57'38" West, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 20.69 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 88°16'32" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 50.00 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE North 01 °57'38" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 21.02 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 88°49'57" East, continuing along the southerly line of said Avery Pointe Phase 4, a distance of 125.01 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner on the easterly line of said 4.686-acre tract, same being on the westerly line of a right-of-way dedication for Ferguson Parkway, created on the final plat of said Avery Pointe Phase 4; THENCE South 01°57'38" West, continuing along the southerly line of said Avery Pointe Phase 4 and along the westerly right-of-way line of said Ferguson Parkway and the easterly line of said 4.686-acre tract, a distance of 251.58 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for the southeast coner of said 4.686-acre tract, common to the northeast corner of said 11.824-acre tract, same also being at the beginning of a tangent curve to the right having a central angle of 04°14'57", a radius of 1540.00 feet, a chord bearing and distance of South 04°05'07" West, 114.19 feet; THENCE in a southwesterly direction, continuing along the southerly line of said Avery Pointe Phase 4 and the westerly right-of-way line of said Ferguson Parkway and the easterly line of said 11.824-acre tract and with said curve to the right, an arc distance of 114.21 feet to a 5/8-inch iron rod with a plastic cap, stamped "KHA" set for corner; THENCE South 06°12'36" West, continuing along the southerly line of said Avery Pointe Phase 4 and the westerly right-of-way line of said Ferguson Parkway and the easterly line of said 11.824-acre tract, a distance of 285.00 feet to the POINT OF BEGINNING, and containing 24.509 acres or 1067605 square feet of land. LOT TABLE LOT NO. ACRES SQ. FT. BLOCK C LOT 23 0.148 6,456 BLOCK C LOT 24 0.148 6,448 BLOCK C LOT 25 0.148 6,440 BLOCK C LOT 26 0.148 6,431 BLOCK C LOT 27 0.147 6,423 BLOCK C LOT 28 0.147 6,415 BLOCK C LOT 29 0.147 6,407 BLOCK C LOT 30 0.147 6,399 BLOCK C LOT 31 0.147 6,390 BLOCK C LOT 32 0.146 6,365 BLOCK C LOT 33 0.144 6,281 BLOCK C LOT 34 0.141 6,135 BLOCK C LOT 35 0.136 5,939 BLOCK C LOT 36 0.133 5,776 BLOCK C LOT 37 0.129 5,623 BLOCK C LOT 38 0.129 5,629 BLOCK C LOT 39X-HOA 2.390 104,090 BLOCK C LOT 40 0.130 5,670 BLOCK C LOT 41 0.132 5,740 BLOCK C LOT 42 0.132 5,750 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK C LOT 43 0.132 5,750 BLOCK C LOT 44 0.130 5,682 BLOCK H LOT 19 0.190 8,288 BLOCK H LOT 20 0.143 6,234 BLOCK H LOT 21 0.139 6,051 BLOCK H LOT 22 0.134 5,829 BLOCK H LOT 23 0.131 5,690 BLOCK H LOT 24 0.129 5,619 BLOCK H LOT 25 0.129 5,610 BLOCK H LOT 26 0.129 1 5,608 BLOCK H LOT 27 0.129 5,600 BLOCK H LOT 28 0.129 5,600 BLOCK H LOT 29 0.129 5,600 BLOCK H LOT 30 0.129 5,600 BLOCK H LOT 31 0.129 5,600 BLOCK H LOT 32 0.129 5,600 BLOCK H LOT 33 0.129 1 5,600 BLOCK H LOT 34 0.129 5,600 BLOCK H LOT 35 0.129 5,600 BLOCK H LOT 36 0.129 5,600 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK H LOT 37 0.155 6,750 BLOCK I LOT 1 0.157 6,845 BLOCK I LOT 2 0.129 5,600 BLOCK I LOT 3 0.129 5,600 BLOCK I LOT 4 0.129 5,600 BLOCK I LOT 5 0.129 5,600 BLOCK I LOT 6 0.129 5,600 BLOCK I LOT 7 0.129 5,600 BLOCK I LOT 8 0.129 5,600 BLOCK I LOT 9 0.129 5,600 BLOCK I LOT 10 0.129 5,600 BLOCK I LOT 11 0.129 5,600 BLOCK I LOT 12 0.131 5,713 BLOCK I LOT 13 0.130 5,660 BLOCK I LOT 14 0.130 5,659 BLOCK I LOT 15 0.130 5,657 BLOCK I LOT 16 0.130 5,647 BLOCK I LOT 17 0.129 5,629 BLOCK I LOT 18 0.129 5,616 BLOCK I LOT 19 0.157 6,846 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK I LOT 20 0.158 6,873 BLOCK I LOT 21 0.131 5,691 BLOCK I LOT 22 0.130 5,674 BLOCK I LOT 23 0.130 5,651 BLOCK I LOT 24 0.130 5,646 BLOCK I LOT 25 0.130 5,648 BLOCK I LOT 26 0.130 5,650 BLOCK I LOT 27 0.131 5,702 BLOCK I LOT 28 0.129 5,600 BLOCK I LOT 29 0.129 5,600 BLOCK I LOT 30 0.129 5,600 BLOCK I LOT 31 0.129 5,600 BLOCK I LOT 32 0.129 5,600 BLOCK I LOT 33 0.129 5,600 BLOCK I LOT 34 0.129 5,600 BLOCK I LOT 35 0.129 5,600 BLOCK I LOT 36 0.129 5,600 BLOCK I LOT 37 0.129 5,600 BLOCK I LOT 38 0.155 6,750 BLOCK J LOT 1 0.155 6,733 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK J LOT 2 0.129 5,600 BLOCK J LOT 3 0.129 5,600 BLOCK J LOT 4 0.129 5,600 BLOCK J LOT 5 0.129 5,600 BLOCK J LOT 6 0.129 5,600 BLOCK J LOT 7 0.129 5,600 BLOCK J LOT 8 0.129 5,600 BLOCK J LOT 9 0.129 5,600 BLOCK J LOT 10 0.129 5,600 BLOCK J LOT 11 0.129 5,600 BLOCK J LOT 12 0.129 5,623 BLOCK J LOT 13 0.130 5,645 BLOCK J LOT 14 0.130 5,681 BLOCK J LOT 15 0.132 5,732 BLOCK J LOT 16 0.156 6,815 BLOCK J LOT 17 0.157 1 6,842 BLOCK J LOT 18 0.129 5,622 BLOCK J LOT 19 0.131 5,692 BLOCK J LOT 20 0.130 5,673 BLOCK J LOT 21 0.129 5,636 THAT LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., acting herein by and through their duly authorized officers do hereby adopt this plat designating the hereinabove described property as AVERY POINTE PHASE 5, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at this the day of 20 LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership BY: Lennar Texas Holding Company, a Texas corporation, its General Partner BY: Signature Name and Title STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for said county and state, on this day personally appeared of Lennar Texas Holding Company, a Texas corporation, General Partner of Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this the day of 120 NOTARY PUBLIC in and for the STATE OF Printed Name My Commission Expires LOT TABLE LOT NO. ACRES SQ. FT. BLOCK J LOT 22 0.129 5,609 BLOCK J LOT 23 0.129 5,600 BLOCK J LOT 24 0.129 5,600 BLOCK J LOT 25 0.129 5,600 BLOCK J LOT 26 0.129 5,600 BLOCK J LOT 27 0.129 5,600 BLOCK J LOT 28 0.129 5,600 BLOCK J LOT 29 0.129 5,600 BLOCK J LOT 30 0.129 5,600 BLOCK J LOT 31 1 0.129 5,600 BLOCK J LOT 32 0.152 6,638 That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Michael B. Marx Registered Professional Land Surveyor Texas Registration No. 5181 Kimley-Horn and Associates, Inc. 5750 Genesis Court, Suite 200 Frisco, TX 75034 (972) 335-3580 michael.marx@kimley-horn.com STATE OF TEXAS § § COUNTY OF § PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY�� ENT Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this 20 Notary Public in and for the State of Texas Printed Name My Commission Expires day of Approved this day of 120 by the City Council of the City of Anna, Texas. Mayor City Secretary FINAL PLAT AVERY POINTE PHASE.5 BLOCK C, LOT 1X-HOA, LOTS 4-38, LOT 39X-HOA & LOTS 40-44; BLOCK H, LOTS 19-37; BLOCK I, LOTS 1-38; BLOCK J, LOTS 1-32; 129 RESIDENTIAL LOTS 2 HOA LOT 24.509 ACRES SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288, CITY OF ANNA, COLLIN COUNTY, TEXAS SEPTEMBER - 2018 OWNER: Lennar Homes of Texas Land and Construction, Ltd. 1707 Market Place Boulevard, Suite 100 Irving, Texas 75063 Ph: (469) 587-5300 Contact: APPLICANT: Kimley-Horn and Associates, Inc. 13455 Noel Road, Suite 700 Dallas, TX 75240 Ph: (972) 770-1300 Contact: Mark Harris, PE Email: mark.harris@kimley-horn.com KimlepMorn October 5, 2018 Joseph Johnson Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75409 RE: Response to City Ordinance — Subdivision Regulations 11.03(b) — OH -Site Drainage Avery Pointe Phase 5 Dear Mr, Johnson: This letter addresses the impact of off -site drainage for Avery Pointe Phase 5 as required by City Ordinance - Subdivision Regulations, Section 11.03(b). The drainage design of Avery Phase 5 will not exceed the capacity of the existing downstream system in Avery Pointe Phase 4. The drainage design is in accordance with the City of Anna's Storm Drainage Design Criteria (per City of Anna Design Standards, Section 3.2, A), which defers to the City of Plano Storm Drainage Design Manual, dated August 1, 1993. Therefore, the development as designed will not increase flood related damage on downstream properties during the 100-year design storm due to the development's impact on off -site drainage. Damage that may have occurred before the development was in place may still occur. The analysis does not consider other design storm frequencies. If you have any additional comments or questions, please contact me at (972) 776-1764 or mark, harris(d)kimlev-horn.com. Sincerely, v� Mark Harris, RE Item No. 5.k. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pproving a Resolution approving the Chandler Development Plat. (Maurice S chwanke) S UM M ARY: T he development plat for your review is located within A nna’s extra territorial jurisdiction and generally known as 9165 Quail Creek R un. T he tract is in the J oseph S later Survey, A bstract No. 868 and contains 2.414 acres of land. T he owner is proposing to put a manufactured home and a metal shop on the property. T he submittal meets the City of A nna development plat requirements. S TAF F RE C O M M E ND AT I O N: Approve a Resolution approving the Chandler Development P lat. AT TAC HM E NT S : Description Upload Date Type Resolution 11/7/2018 Resolution L ocation Map 10/24/2018 Exhibit Development P lat 10/24/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE CHANDLER DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-A of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Jeff Chandler has submitted an application for approval of the Chandler development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Chandler development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th, day of November 2018. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike CITY LIMITSCITY LIMITSSEPHORA CT.C.R. 915C.R. 916CONWAYQUAIL C R E E K R U N T W I N C R E E K C I R C L E TWIN CREEK CIRCLE 423WALNUT WAYBLACK MAPL E D R I V E BLA C K W I L L O W T R A I L BIRCH WOOD ROADSABLE WOOD DRIVECEDAR WOOD TRAILMAPLE WOOD TR.TAYLOR BLVDLUSCOMBE LANEBURL LANECAROL LANELESLIE LANEPECAN GROVE DRIVE FLOWER LN.PECAN GROVE DRIVEWEST FOSTER CROSSING ROADSABLE WOOD DRIVEREDBUD DRIVESWEET GUM DRIVESWEET GUM DR.MES Q U I T E L A N EOLIVE LANEPERSIMMON DRIVESANDALWOOD LANE CHERRY HILL DRIVE ROCKRIDGE TR.SHERWOOD DRIVE BEAR CREEK DR.CANDLEWOODDR.C.R. 1036RABBIT RUNROAD RUNNERRED FOX WASTE WATERTREATMENTFACILITYCITY LIMITS LINE423755SITE z� a Gehan Homes al rawoerry or wane cue rre;i Lakeview Estates - eo-,n waoa as b w�OdDi 9 S � � ceaa, wooa rren m 4 sepr—ci QAnna Taxi Driver way i 0 0 0 _ � n o — 9165 Quail Greer � v _ Ocean Blue Pool Service V VICINITY MAP N.T.S. LEGEND 60DNF = 60D NAIL FOUND A/C = AIR CONDITION B.L. = BUILDING LINE CAN = CABLE TV RISER CBOX = CABLE N BOX CIRF = CAPPED IRON ROD FOUND CIRS = 1/2" IRON ROD W/5633 CAP SET (CM) = CONTROLLING MONUMENT CO = CLEANOUT D.E. = DRAINAGE EASEMENT EBOX = ELECTRIC BOX EM = ELECTRIC METER FH = FIRE HYDRANT FO = FIBER OPTICS FP = FLAG POLE GM = GAS METER IPF =IRON PIPE FOUND IRF = IRON ROD FOUND LP = LIGHT POLE MH = MANHOLE OHL = OVERHEAD UTILITY LINES PE = POOL EQUIPMENT PP = POWER POLE TPED = TELEPHONE PEDESTAL TRANS = ELECTRIC TRANSFORMER PKF = PK NAIL FOUND PKS = PK NAIL SET ( ) = PLAT/DEED CALLS U.E. = UTILITY EASEMENT UGC = UNDERGROUND CABLE UGE = UNDERGROUND ELECTRIC WV = WATER VALVE WM = WATER METER XF = + CUT FOUND XS = + CUT SET WOOD FENCE CHAIN LINK FENCE x WIRE FENCE 0- WROUGHT IRON FENCE EASEMENT LINE BUILDING LINE \. ASPHALT LINE —z z O op 0 C; U1 o N 0 lc CY1 (CM) 1/2" 1 R FLOOD NOTE Subject property is shown on the National Flood Insurance Program Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas, Map No. 48085COl55J, dated 6/2/2009. All of the subject property appears to be located in "Zone X" on said map. Relevant zone is defined on said map as follows: "Zone X" - Areas determined to be outside the 0.2% annual chance flood. CHANDLER DEVELOPMENT PLAT ADDRESS: 9165 QUAIL CREEK RUN, ANNA, TEXAS 75409 2.414 ACRES (105,174 SQUARE FEET) JOSEPH SLATER SURVEY, ABSTRACT NO. 868 COLLIN COUNTY. TEXAS NOTES 1. Directional Control shown hereon are based on NAD83(CORS96, EPOCH 2O02) tied to the Texas Coordinate System of 1983, North Central Zone (4202) using the WDS'TRIMBLE" RTK GPS Network. 2. The following items are from Schedule B, Commitment for Title Insurance, Lakewood Title Insurance Company, GF No. 18091187, issued July 24, 2018. 1. This property is subject to the following restrictive covenants: Those recorded in Volume 1390, Page 590 and Volume 5024, Page 294 of the Deed Records of Collin County, Texas. (Subject to) 10a. Easement and/or right-of-way granted to Collin County Soil Conservation District, as set forth in the instrument recorded in Volume 554, Page 433 of the Deed Records of Collin County, Texas. (Subject to) 10b. Easement and/or right-of-way granted to City of Anna, as set forth in the instrument recorded in Volume 631, Page 35 of the Deed Records of Collin County, Texas. (Subject to) 10c. Right-of-way dedication, as set forth in the instrument recorded in Volume 1390, Page 595 of the Deed Records of Collin County, Texas. (Subject to) 10d. Roadway maintenance agreement, asset forth in the instrument recorded in Document number 94-0001458 of the Deed Records of Collin County, Texas. (Subject to) 30 0 30 Scale 1" = 30' PROPERTY DESCRIPTION BEING ALL OF A CALLED 2.41 ACRE TRACT OF LAND SITUATED IN THE JOSEPH SLATER SURVEY, ABSTRACT NUMBER 868, LOCATED IN COLLIN COUNTY, TEXAS, SAID 2.41 ACRE TRACT BEING A PART OF A CALLED 53.329 ACRE TRACT OF LAND DESCRIBED BY THE DEED RECORDED IN VOLUME 894, PAGE 770, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, SAID 2.41 ACRE TRACT ALSO BEING ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED TO THE ESTATE OF JOAN F. SCHLOER, RECORDED IN DOCUMENT NUMBER 20080305000266520, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE CENTER LINE OF QUAIL CREEK RUN (A 60 FOOT ACCESS AND UTILITY EASEMENT RIGHT-OF-WAY), ALSO BEING THE MOST SOUTHEASTERLY CORNER OF A TRACT OF LAND CONVEYED TO JOSE ALEJANDRO JARAMILLO AND MARIA GUADALUPE VASQUEZ, RECORDED IN DOCUMENT NUMBER 20140321000263430, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, ALSO BEING THE NORTHEAST CORNER OF SAID 2.412 ACRE TRACT, FROM WHICH A 1/2 INCH IRON ROD SET WITH YELLOW CAP STAMPED 5633 BEARS SOUTH 88°5620" WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 01'45'05" EAST, ALONG THE CENTER LINE OF SAID QUAIL CREEK RUN, A DISTANCE OF 199.00 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER, BEING THE MOST NORTHEASTERLY CORNER OF A CALLED 2.4 ACRE TRACT OF LAND CONVEYED TO CHESTER R. WATSON, RECORDED IN VOLUME 5327, PAGE 2508, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, FROM WHICH A 1/2 INCH IRON ROD SET WITH YELLOW CAP STAMPED 5633 BEARS SOUTH 88°56'20" WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'58'05" WEST, ALONG THE NORTH LINE OF SAID 2.4 ACRE TRACT, A DISTANCE OF 530.43 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER, BEING THE MOST NORTHWESTERLY CORNER OF SAID CHESTER R. WATSON TRACT; THENCE NORTH 00'52'15" WEST, ALONG THE WEST LINE OF SAID 2.412 ACRE TRACT, A DISTANCE OF 198.72 FEET TO A 1/2 INCH IRON ROD SET WITH YELLOW CAP STAMPED 5633 FOR CORNER, BEING THE MOST SOUTHWESTERLY CORNER OF SAID JOSE ALEJANDRO JARAMILLO AND MARIA GUADALUPE VASQUEZ TRACT; THENCE NORTH 88'56'20" EAST. ALONG THE SOUTH LINE OF SAID JOSE ALEJANDRO JARAMILLO AND MARIA GUADALUPE VASQUEZ TRACT, A DISTANCE OF 527.37 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.414 ACRES OR 105,174 SQUARE FEET OF LAND. SURVEYOR'S CERTIFICATE I hereby certify to The City of Anna and Jeff Chandler that this plat represents the result of a survey made on the ground and is a true and accurate representation of the property shown hereon. There are no encroachments or protrusions except as shown hereon. Todd Fincher, R.P.L.S. No. 5633 Signed: October 05, 2018. JOB NO. 1808-1024-DP FIELDED E.V. FINCHER LAND SURVEYING, PLLC DRAFTED A. 0. 3213 IH-30, Suite 107 TXBPLS FIRM NO. 10194258 CHECKED T.F. Mesquite, Texas 75150 PHONE: 903-944-6397 www.texasrpls.com todd®texasrpls.com Item No. 5.l. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A pproving a Resolution approving a special event application by K evin Hall, Executive Director and representative for the Greater Anna Chamber of Commerce to sponsor a “Christmas Parade” event to be held on S aturday, December 8th, 2018. (Maurice Schwanke) S UM M ARY: T he Greater Anna Chamber of C ommerce annual Christmas Parade event will be held on Saturday, D ecember 8th, 2018. P reparation will start at approximately 9:00 a.m. with the actual parade starting at 12:00 noon. T he parade will start at the A nna I S D Middle school site and proceed south along Powell Parkway to 4th Street; then east on 4th S treet to Sherley S treet; then south S herley Street to the A nna I S D Administration B uilding. The attached map identif ies the proposed route. T xD O T has approved the City's application to close P owell Parkway and 4th Street (F M 2862) for the duration of the event. On October 29th, the P arks A dvisory Board reviewed and recommended approval of this S pecial Event Permit. S TAF F RE C O M M E ND AT I O N: Approval of a Resolution approving the attached special E vent A greement with the Greater A nna Chamber of Commerce. AT TAC HM E NT S : Description Upload Date Type Resolution 11/8/2018 Resolution Agreement 11/8/2018 Backup Material Parade Route 11/7/2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. ________________ RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN AGREEMENT WITH THE GREATER ANNA CHAMBER FOR THE 2018 “ANNA CHRISTMAS PARADE” ON POWELL PKWY, FOURTH STREET AND SHERLEY STREET. WHEREAS, the Greater Anna Chamber of Commerce (the “GACC”) has submitted a Special Event Permit application to conduct a community event known as “Anna Christmas Parade” on Saturday, December 8th, and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the “City Council”) approve the Special Event Permit; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the “Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit application for the 2018 Christmas Parade on Powell Pkwy, Fourth Street and Sherley Street and the Special Event Agreement attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. The City Manager is further authorized to execute all documents and take all other actions necessary to finalize, act under, and enforce the Agreement, PASSED by the City Council of the City of Anna, Texas, on this 8th day of December 8th, 2018. ATTEST: APPROVED: _____________________________ _________________________ City Secretary Carrie L. Smith Mayor Nate Pike Page 1 of 5 EXHIBIT A AGREEMENT FOR SPECIAL EVENT This Agreement for Special Event (“Agreement”) is made by and between the City of Anna (“City”), and the Greater Anna Chamber of Commerce, (“GACC”) entered on this 13th day of November 2018. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, the City enters into this Agreement with GACC for use of Powell Parkway, 4th Street, Sherley Street and surrounding area for the Christmas Parade. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: 1. City shall mean the City of Anna, Texas. 2. GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna, Texas 3. Christmas Parade (Parade) shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on December 8th, 2018. 4. Powell Parkway, 4th Street, Sherley Street and surrounding area. 5. City Hall Parking Area means the parking area located at 111 North Powell Parkway. 6. Special Event means any event that operates wholly or partially within the incorporated City limits and may require the use of or assistance from any department or employee of the City, or the use of any City property. Section 3. General Requirements 3.01 Terms of Special Event Agreement The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to entering into this agreement with the City. Said application is attached hereto as Exhibit A. The Council authorizes the Special Event, subject to the following restrictions, for which GACC will be responsible: Page 2 of 5 Parking Restrictions: All parking for the event will be conducted on premises designed or adapted for parking. Parking is to be prohibited on all public rights of way (shoulders, grass areas directly adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof, must be utilized to keep patrons from parking in rights of way. If parking areas are full, Event staff must be in place to direct vehicles to open parking areas. Vehicles on City/Park Property: Except for designated parking areas and other designated areas approved by the Director of Public Works, motor vehicles are prohibited from driving on City/Park property, except on designated paved parking areas and except as otherwise stated in this paragraph. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas of the park that have been approved by the Director of Public Works. Section 4. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars and will pay for any additional actual costs incurred by the City in reviewing such application that exceeds said amount. Section 5. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, or any other costs required for the Parade and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Parade. Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC’s undertaking, promoting, operating, and performance of any other activity related to the Parade (the “Work”), including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to undertake, conduct, or complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the Page 3 of 5 City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City’s governmental immunities, including immunity from suit and liability. Section 7. Insurance GACC shall procure and maintain for the duration of this Agreement and the Special Events insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC’s undertakings performed in connection with the Parade, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this Agreement and shall not relieve GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City’s Secretary. Section 8. Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Page 4 of 5 Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Carrie L Smith, City Secretary City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Kevin Hall, Executive Director 218 W Fourth St Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 10. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 13. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and Page 5 of 5 effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 14. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 15. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party’s reasonable control, then such party’s performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 16. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 17. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of this Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, City and GACC have executed this Agreement. By: _____________________________ _________________________ Kevin Hall, GACC Executive Director Jim Proce Greater Anna Chamber of Commerce City Manager �w r R■a_ r t. f�.�r y� "�� ��f Y. • -v��' ,a. -. ' - At Zia EL kh lye r.��A�Ti��I . ,;, •� �. � '� ,, ' -- _ -, _ adld iL �ldIV al fib 21 iyl4al � i Wt�Qi1R���lIE ~ N 1 �.,!( {, r -�.-+• � � �'Y �, �� �- t. j' �iiia�il4�i�6 rem ,. i ����''� -�, -` ■. IL i � ►-s.,.a �� 7. a�tl Item No. 6. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action on a Resolution approving and authorizing the Mayor to execute a S econd Amendment to the Villages of Hurricane Creek Subdivision I mprovement Agreement. (City Attorney) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Resolution A pproving 2nd A mendment V HC S I A 11/7/2018 Resolution 2nd Amended V HC S I A 11/7/2018 Exhibit Restated V HC S I A 11/7/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO ACT ON THE CITY'S BEHALF IN EXECUTING A SECOND AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT WITH CADG HURRICANE CREEK, LLC, A TEXAS LIMITED LIABILITY COMPANY WHEREAS, the City of Anna, Texas (the “City”) has previously approved a First Amended and Restated Villages of Hurricane Creek Subdivision Improvement Agreement regarding the development of property owned by CADG Hurricane Creek, LLC; and, WHEREAS, it is in the best interest of the City to adopt and approve the Second Amended Villages of Hurricane Creek Subdivision Improvement Agreement (the “Second Amendment”); 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 the Second Amendment attached hereto as Exhibit A, and authorizes, ratifies and approves the Mayor’s execution of same. The Mayor is hereby authorized to execute all documents and to take all other actions necessary to finalize and implement the Second Amendment. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: _____________________________ ____________________________ Carrie L. Smith, City Secretary Nate Pike, Mayor SECOND AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 SECOND AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT This Second Amended Villages of Hurricane Creek Subdivision Improvement Agreement (this “Second Amendment”) is entered into between the CITY OF ANNA, TEXAS, (the “City”), and CADG Hurricane Creek, LLC, a Texas limited liability company (“Developer”): RECITALS WHEREAS, this Second Amendment amends that certain First Amended and Restated Villages of Hurricane Creek Subdivision Improvement Agreement entered into between the City and the Developer (the “First Amendment”), said First Amendment being attached hereto as Exhibit 1; and WHEREAS, the First Amendment is only modified as expressly set forth in this Second Amendment and the First Amendment otherwise remains in full force and effect; and WHEREAS, the First Amendment incorrectly states that the creation of the Villages of Hurricane Creek Public Improvement District (the “PID”) occurred on February 24, 2015 and this Second Amendment corrects that error; and WHEREAS, under the First Amendment the City and the Developer agreed to certain deadlines involving the Developer’s request for the City to issue PID Bonds and the City’s issuance of PID Bonds; and WHEREAS, the City and the Developer desire to extend said deadlines as set forth in this Second Amendment; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Developer agree as follows: AMENDMENTS Amendment to Recital: the last recital on page 1 of the First Amendment stating that the PID was created on February 24, 2015 is hereby deleted and replaced with the following: “WHEREAS, a public hearing was set for November 13, 2018 for the City to consider the advisability of creating and establishing the PID; and”. Amendments to Section 5.9 “Performance Window; Development Agreement Extension Fee, Election to Terminate”. The City and the Developer agree that Section 5.9 of the First Amendment is hereby amended so that: (1) all instances of the date “December 31, 2018” are hereby changed to “March 15, 2019”; and (2) the date of “November 10, 2018” is changed to “December 10, 2018”. Amendment to Section 10.2 “Remedies”. The City and the Developer agree that Section 10.2 of the First Amendment is hereby amended so that: (1) the date of “December 31, 2018” is hereby changed to “March 15, 2019”; and (2) the date of “November 10, 2018” is changed to “December 10, 2018”. SECOND AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON NOVEMBER 13, 2018: CITY OF ANNA By: ______________________________ Name: Nate Pike Title: Mayor APPROVED AS TO FORM: Name: Clark McCoy Title: City Attorney STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the __ day of _______, 2018 by Nate Pike, Mayor of the City of Anna, Texas on behalf of said City. Notary Public, State of Texas (SEAL) Name printed or typed Commission Expires: SECOND AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 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:______________________________ Name: 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 liability 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. ___________________________________ Notary Public, State of Texas 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. 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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.. 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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. 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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 Item No. 7. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : P ublic Hearing: For City Council to hear public comment regarding the creation of the Hurricane Creek Public I mprovement District. (City Attorney) S UM M ARY: S TAF F RE C O M M E ND AT I O N: Item No. 8. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action regarding a Resolution approving the creation of the Hurricane Creek P ublic I mprovement District. (City A ttorney) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Resolution Creating V HC P I D v3 11/7/2018 Staff Report Resolution Creating V HC P I D v3 (R E D L I NE)11/7/2018 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION REGARDING THE CREATION OF THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on August 29, 2014, there was submitted to and filed with the City Secretary of the City pursuant to the Act a petition requesting the establishment of a public improvement district for property within the city limits of the City to be known as the “Villages of Hurricane Creek Public Improvement District”; WHEREAS, after complying with the procedures set forth in the Act, the City Council adopted Resolution No. 2015-02-13 on February 24, 2015, authorizing the creation of the Villages of Hurricane Creek Public Improvement District, which Resolution provided as follows: “Section 5. Notice of this Resolution authorizing the District shall be given by publishing such notice once in a newspaper of general circulation in the City, provided that the City shall not publish notice of this Resolution until the City and the Petitioners have fully executed and delivered a certain Subdivision Improvement Agreement in form and substance acceptable to the City. If said Subdivision Improvement Agreement is not fully executed and delivered by Petitioners and the City on or before February 28, 2015, then notice of this Resolution shall not be published and this Resolution shall not take effect and shall be null and void. Authorization and establishment of the District shall be effective only upon the publication of such notice”; WHEREAS, the City Council of the City hereby finds that the Subdivision Improvement Agreement was not executed or delivered on or before February 28, 2015, and notice of the Resolution was not published in the form and manner prescribed by the Act; WHEREAS, the City Council of the City hereby finds and declares Resolution No. 2015-02-13 to be null and void and of no effect, and that the Villages of Hurricane Creek Public Improvement District has not heretofore been established or created within the City; WHEREAS, on October 19, 2018, there was submitted to and filed with the City Secretary of the City pursuant to the Act that certain "Petition for the Creation of a Public Improvement District Within The City of Anna, Texas for the Hurricane Creek Public Improvement District" (the "Petition") requesting the establishment of a public improvement district covering approximately 368.20 acres described in the Petition and Exhibit A attached hereto, and to be known as the "Hurricane Creek Public Improvement District" (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; 2 WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended (the "Open Meetings Act"), the City Council opened and conducted a public hearing on November 13, 2018, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of property located within the public improvement district and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the petition presented to the City Council and the comments received at the public hearing. Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than 50 percent of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; (d) the nature of the proposed improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the property that is set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the Public Improvement District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the property within the District and other sources available to the owners and developers of the property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. 3 Section 3. Based on the foregoing, the Hurricane Creek Public Improvement District is hereby created and the public improvements described in Exhibit B are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. After adoption of this resolution, the City Secretary is authorized and directed to cause a copy of this resolution to be published in a newspaper of general circulation within the City. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The authorization of the District pursuant to this resolution shall take effect upon publication of this resolution as provided above. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 13th DAY OF NOVEMBER, 2018. Nate Pike, Mayor ATTEST: Carrie L. Smith, City Secretary EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The purposes of the District include the design, acquisition, construction, and improvement of public improvement projects authorized by the Act (the “Authorized Improvements”) that are necessary for the development of the Property, which Authorized Improvements may include: i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (v) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $30,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property and a certain portion of tax increment reinvestment zone revenues, if any. No municipal property in the District shall be assessed. The developer of the property (the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the Developer. CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION REGARDING THE CREATION OF THE VILLAGES OF HURRICANE CREEKHURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on August 29, 2014, there was submitted to and filed with the City Secretary of the City pursuant to the Act a petition requesting the establishment of a public improvement district for property within the city limits of the City to be known as the “Villages of Hurricane Creek Public Improvement District”; WHEREAS, after complying with the procedures set forth in the Act, the City Council adopted Resolution No. 2015-02-13 on February 24, 2015, authorizing the creation of the Villages of Hurricane Creek Public Improvement District, which Resolution provided as follows: “Section 5. Notice of this Resolution authorizing the District shall be given by publishing such notice once in a newspaper of general circulation in the City, provided that the City shall not publish notice of this Resolution until the City and the Petitioners have fully executed and delivered a certain Subdivision Improvement Agreement in form and substance acceptable to the City. If said Subdivision Improvement Agreement is not fully executed and delivered by Petitioners and the City on or before February 28, 2015, then notice of this Resolution shall not be published and this Resolution shall not take effect and shall be null and void. Authorization and establishment of the District shall be effective only upon the publication of such notice”; WHEREAS, the City Council of the City hereby finds that the Subdivision Improvement Agreement was not executed or delivered on or before February 28, 2015, and notice of the Resolution was not published in the form and manner prescribed by the Act; WHEREAS, the City Council of the City hereby finds and declares Resolution No. 2015-02-13 to be null and void and of no effect, and that the Villages of Hurricane Creek Public Improvement District has not heretofore been established or created within the City; WHEREAS, on October 19, 2018, there was submitted to and filed with the City Secretary of the City pursuant to the Act that certain "Petition for the Creation of a Public Improvement District Within The City of Anna, Texas for the Hurricane Creek Public Improvement District" (the "Petition") requesting the establishment of a public improvement district covering approximately 368.20 acres described in the Petition and Exhibit A attached hereto, and to be known as the "Villages of Hurricane Creek Public Improvement District" (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; 2 WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended (the "Open Meetings Act"), the City Council opened and conducted a public hearing on November 13, 2018, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of property located within the public improvement district and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the petition presented to the City Council and the comments received at the public hearing. Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than 50 percent of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on all property within the District by enhancing the value of such property located within the District; (d) the nature of the proposed improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the property that is set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the Public Improvement District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the property within the District and other sources available to the owners and developers of the property within the District, as further described in Exhibit B; and 3 (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the Villages of Hurricane Creek Public Improvement District is hereby created and the public improvements described in Exhibit B are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. After adoption of this resolution, the City Secretary is authorized and directed to cause a copy of this resolution to be published in a newspaper of general circulation within the City. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The authorization of the District pursuant to this resolution shall take effect upon publication of this resolution as provided above. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 13th DAY OF NOVEMBER, 2018. Nate Pike, Mayor ATTEST: Carrie L. Smith, City Secretary EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The purposes of the District include the design, acquisition, construction, and improvement of public improvement projects authorized by the Act (the “Authorized Improvements”) that are necessary for the development of the Property, which Authorized Improvements may include: i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (vii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (v) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $30,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property. and a certain portion of tax increment reinvestment zone revenues, if any. No municipal property in the District shall be assessed. The developer of the property (the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the Developer. Item No. 9. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action on a Resolution A uthorizing the City Manager to enter into a P rofessional S ervice Agreement with P 3 Consulting (Dana Thornhill) S UM M ARY: During the week of October 15th, the C ity Manager and F inance D irector along with Hilltop Securities conducted interviews with f irms to serve as the City's administrator for Public I mprovement Districts (P I D ) and Tax I ncrement R einvestment Z ones (T I R Z ). After the interviews, it was determined staf f was in agreement to recommend the City enter into an agreement with P 3Works for these services. A S tatement of Q ualif ications is attached for the company and co-founders. T his role is critical to the City as the administrator will service the P I D/T I R Z over the life cycle of the P I D/T I R Z . I t is imperative to the successf ul management of the P I Ds that the administrator carries out the processes as an agent of the City and protects the financial interest of the City. S TAF F RE C O M M E ND AT I O N: Staff recommends approval of the R esolution authorizing the City Manager to enter into a professional service agreement with P3Works. AT TAC HM E NT S : Description Upload Date Type Resolution 11/9/2018 Resolution Professional Services A greement for P I D/T I R Z Administration 11/8/2018 Exhibit Statement of Qualifications P 3Works 11/8/2018 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY’S BEHALF IN EXECUTING AN AGREEMENT FOR PUBLIC IMPROVEMENT DISTRICT (PID) AND TAX INCREMENT REINVESTMENT ZONE (TIRZ) CREATION AND ADMINISTRATION SERVICES WITH P3 WORKS, LLC. WHEREAS, the City Council of the City of Anna, Texas (the Council) passed Resolution No._____ on November 13, 2018 approving and authorizing the creation of the Villages of Hurricane Creek Public Improvement District to finance the costs of certain public improvements for the benefit of property within the District; and WHEREAS, the City may consider issuing bonds to fund certain improvements in the PID as authorized by the Public Improvement District Act, Texas Local Government Code, Chapter 372, as amended; and WHEREAS, the City Council passed Ordinance No. 708-2015 on December 8, 2015 designating Tax Increment Reinvestment Zone Number One, City of Anna (the TIRZ), the boundary of which is coterminous with the boundary of the District, to fund certain improvements as authorized by the Tax Increment Financing Act, of the Texas Tax Code, Chapter 311, as amended; and WHEREAS, the City requires services related to the creation, revision, and updating of the Service and Assessment Plan (SAP), bond issuance, and the administration of the District; the creation, revision and updating of the Final Project and Finance Plan and the Annual Reporting of the TIRZ as more fully set forth in this Agreement; and WHEREAS, P3Works has the expertise to properly establish and administer the District and the TIRZ and ensure compliance with Texas Local Government Code Chapter 372, and Texas Tax code 311; and WHEREAS, the City desires to retain P3Works to provide District and TIRZ creation and administration services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full for all purposes. Approval and Authorization of the Agreement. The Council hereby approves the Agreement attached hereto as Exhibit 1, and authorizes, ratifies, and approves the City Manager’s execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 13th day of November 2018. ATTESTED: _________________________ City Secretary, Carrie L. Smith APPROVED: _________________________ Mayor, Nate Pike 1 AGREEMENT FOR PUBLIC IMPROVEMENT DISTRICT (PID) AND TAX INCREMENT REINVESTMENT ZONE (TIRZ) CREATION AND ADMINISTRATION SERVICES This Agreement for Public Improvement District (“PID”) and Tax increment Reinvestment Zone (“TIRZ”) Creation and Administration Services (“Agreement”) is entered into this day of , 2018, by and between P3Works, LLC (“P3Works”), and the City of Anna, Texas (“City”). RECITALS WHEREAS, the City Council passed Resolution No. _ _____ on November 13, 2018, approving and authorizing the creation of Hurricane Creek Public Improvement District (the "District") to finance the costs of certain public improvements for the benefit of property within the District; and WHEREAS, the City may consider issuing bonds to fund certain improvements in the PID as authorized by the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended; and WHEREAS, the City Council passed Ordinance No. 708-2015 on December 8, 2015 designating Tax Increment Reinvestment Zone Number One, City of Anna (the “TIRZ”), the boundary of which is coterminous with the boundary of the District, to fund certain improvements as authorized by the Tax Increment Financing Act, of the Texas Tax Code, Chapter 311, as amended; and WHEREAS, the City requires specialized services related to the creation, revision and updating of the Service and Assessment Plan ("Service and Assessment Plan"), bond issuance, and the administration of the District; the creation, revision and updating of the Final Project and Finance Plan (“Final Plan”) and the Annual Reporting of the TIRZ as more fully set forth in this Agreement; and WHEREAS, P3Works has the expertise to properly establish and administer the District and the TIRZ and ensure compliance with Texas Local Government Code Chapter 372, and Texas Tax Code 311; and WHEREAS, the City desires to retain P3Works to provide District and TIRZ creation and administration services; NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and for good and valuable consideration, P3Works and the City agree as follows: 2 ARTICLE I TERM OF AGREEMENT 1.0 The Agreement shall be effective as of its approval by all parties, and shall be for a period of three (3) years and shall automatically continue on a year to year basis until terminated pursuant to Article V of this Agreement. ARTICLE II SERVICES TO BE PROVIDED BY P3WORKS 2.0 The scope and timing of services to be performed by P3Works are set forth in Exhibits A and B, which are attached hereto and incorporated into this Agreement by this reference. 2.1 P3Works agrees that nothing in this Agreement shall constitute an assignment of any right or obligation of the City under any applicable contract, agreement, or law. P3Works shall not represent to any property owner or any other person that it or any of its employees are acting as the City or employees of the City. P3Works shall perform all services it is obligated to perform under this Agreement as an independent contractor, and the City shall have no control over the means, methods, sequences, procedures, operations, or decisions that P3Works undertakes or utilizes to perform said services. The Parties agree that this Agreement does not establish a joint venture, employment or agency relationship. 2.2 No substantial changes in the scope of services shall be made without the prior written approval of P3Works and the City. 2.3 P3Works shall supply all tools and means necessary to perform the services and production of the work product described in Exhibits A and B. 2.4 For the purposes of this Agreement including without limitation Exhibits A and B, “improvement area” shall have the following meaning: the improvement area as defined in the Service and Assessment Plan. ARTICLE III PAYMENT TERMS AND CONDITIONS 3.0 In consideration for the services to be performed by P3Works, the City agrees to pay P3Works the fees for all services and related costs and expenses set forth in Exhibit A and B, beginning the first day of the month following the execution of this Agreement. Beginning on February 1, 2020, and each February 1 thereafter, the Annual Collection fee shall increase by up to 2%, based upon experience, and subject to final approval by the City. P3Works will notify the City via the December and January invoices prior to the February increase. 3.1 Monthly invoices shall be submitted to the City for work completed. City agrees to pay the amount due to P3Works within 30 days of receipt of each invoice. 3.2 Copies of all invoices to P3Works for expenses, materials, or services provided to P3Works will accompany the invoice to the City. P3Works will pass any third-party cost through to the City without markup and will not incur any expense in excess of $200 without written consent of the City. 3 3.3 The only source of payment for P3Works’ fees and services shall be the District or funds advanced by the developer. The City general fund shall never be used to pay for any expenses relating to P3Works’ administration of the District or services performed in connection with the TIRZ. In the event there is insufficient District funds in a given year to pay P3Works’ fees and expenses, P3Works agrees to defer the fees and expenses until such time as there are sufficient District funds or funds advanced by the developer. ARTICLE IV TERMINATION OF THIS AGREEMENT 4.0 Notwithstanding any other provisions of this Agreement, either party may terminate this Agreement at any time by giving sixty (60) days written notice to the other party without penalty and without limitation of its right to seek damages. City shall pay P3Works, within 30 days of such termination, all of P3Works’ fees and expenses actually accrued or incurred to and including the date of termination, including any amount incurred or accrued in connection with work in progress. ARTICLE V GENERAL PROVISIONS 5.0 This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to rendering of services by P3Works for the City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party of this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. 5.1 This Agreement shall be administered and interpreted under the laws of the State of Texas. This Agreement shall not be construed for or against any party by reason of who drafted the provisions set forth herein. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall remain in full force and effect. Exclusive jurisdiction and venue for any litigation arising out of this Agreement shall lie in Collin County, Texas. 5.2 Neither this Agreement or any duties or obligations under this Agreement may be assigned by P3Works without the prior written consent of the City. 5.3 The waiver by either party of a breach or violation of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach thereof. The parties by entering into this Agreement do not intend to waive any immunities otherwise conferred by applicable law and there are not third-party beneficiaries to this Agreement. 5.4 All records, reports, and other documents prepared by P3Works for the purposes of providing the services described in this Agreement shall be property of the City. All such documents shall be made available to the City during the course of performance of this Agreement. Any reports, studies, photographs, negatives, or other documents or drawings prepared by P3Works in the performance of its obligations under this Agreement shall be the exclusive property of the City and all such materials shall be remitted to the City by P3Works upon completion, termination, or cancellation of this 4 Agreement. 5.5 The City acknowledges P3Works’ ownership of its software, programs, inventions, know- how, trade secrets, confidential knowledge, source code, or other proprietary information relating to products, processes, services, software, formulas, developmental or experimental work, business plans, financial information, or other subject matter (“Confidential Information”) pertaining to the business of P3Works. Except to the extent required under applicable law, this Agreement shall not in any way give rise to any requirement or obligation for P3Works to disclose or release any Confidential Information. 5.6 The headings and article titles of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part hereof. 5.7 Should either party commence any legal action or proceeding against the other based upon this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs. 5.8 All notices, requests, demands, and other communications which are required to be given under this agreement shall be in writing and shall be deemed to have been duly given upon the delivery by registered or certified mail, return receipt requested, postage prepaid thereon, as follows: To P3Works: Mary V. Petty Managing Partner P3Works, LLC 350 Rufe Snow Drive Suite 200 Keller, Texas 76248 To City: Jim Proce City Manager City of Anna 111 N Powell Parkway Anna, TX 75409 Mailing Address P.O. Box 776 Anna, TX 75409 5.9 (a) P3Works agrees to indemnify and hold Client harmless from and against all claims, liabilities, suits, demands, losses, costs and expenses (including reasonable attorneys’ fees and costs of defense) (“Claims”), to the extent such Claims are determined by a court of competent jurisdiction to have been caused by the negligence or willful misconduct of P3Works. (b) Client agrees, to the extent permitted by law, to indemnify and hold P3Works harmless from and against all Claims to the extent they are determined by a court of competent jurisdiction to have been caused by the negligence or willful misconduct of Client. (c) Neither Party shall have an upfront 5 duty to defend the other but shall reimburse reasonably incurred defense fees and costs to the extent of its indemnity obligation herein or as the parties otherwise agree in settlement. 5.10 Anti-Boycott Verification: P3Works represents that, to the extent this Agreement constitutes a contract for goods or services within the meaning of Section 2270.002 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2270 of the Texas Government Code, and subject to applicable Federal law, neither P3Works nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of P3Works (i) boycotts Israel or (ii) will boycott Israel through the term of this Agreement. The terms “boycotts Israel” and “boycott Israel” as used in this paragraph have the meanings assigned to the term “boycott Israel” in Section 808.001 of the Texas Government Code, as amended. 5.11 Iran, Sudan and Foreign Terrorist Organizations: P3Works represents that, as of the date of this Agreement, to the extent this Agreement constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, neither P3Works nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of P3Works is an entity listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. 5.12 The parties hereby warrant that the persons executing this Agreement are authorized to execute this Agreement and are authorized to obligate the respective parties to perform this Agreement. A facsimile signature on this Agreement shall be treated for all purposes as an original signature. Executed on this day of , 2018: 6 P3Works, LLC BY: Mary V. Petty Managing Partner City of Anna BY: Jim Proce City Manager 7 EXHIBIT A PUBLIC IMPROVEMENT DISTRICT SERVICES TO BE PROVIDED PID FORMATION, SERVICE AND ASSESSMENT PLAN PREPARATION, AND BOND ISSUANCE SUPPORT SERVICES Billed at P3Works’ prevailing hourly rates, which are currently as follows: Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 Administrative $100 *P3Works’ hourly rates may be adjusted from time to time to reflect increased costs of labor and/or adding/reclassifying titles. Travel times will be billed at hourly rates. District Due Diligence and Preparation of PID Plan of Finance P3Works will review project information and prepare a plan of finance for the proposed transaction, including: 1. Assessed value schedules, value to lien analysis, and overall structuring to achieve City goals and objectives 2. Identify areas of risk and with the City’s Financial Advisor, solutions to mitigate the risks, 3. Bond sizing and bond phasing by improvement area, 4. Sources and uses of funds by improvement area, 5. Debt service schedules, and; 6. Assessment allocation and associated estimated annual installment by lot type for each improvement area. Preparation of Service and Assessment Plan 1. P3Works will prepare a complete and final Service and Assessment Plan to be adopted by City Council and included in the Official Statement for the Bonds based on the Plan of Finance. 2. P3Works will present the Service and Assessment Plan to City Council and request approval of Assessment Roll. Bond Issuance Support 1. P3Works will ensure bond documents, including the PID financing agreement, bond indenture, and official statement are all consistent with the Service and Assessment Plan. 2. P3Works will provide ad-hoc analysis as requested by the underwriter in preparation of the preliminary official statement. Participation in Presentations to City Council or other Public Forums 1. P3Works will prepare and present information as requested to the City Council or any other public forum. 8 BASIC DISTRICT ADMINISTRATION SERVICES If no bonds are sold: Monthly Fee = $1,500 beginning the first of the month following execution of this Agreement for the first improvement area; and $1,000 per month for each improvement area thereafter. (Proration will occur for any partial month if not begun on the 1st day of the month.) If bonds are sold: Monthly Fee amounts will be $2,500 for the first improvement area beginning the first month following the issuance of bonds; and $1,250 per month for each improvement area thereafter. For PIDs that P3Works did not assist with creation but that the City has requested P3Works to provide services for: Monthly Collection Fees will not begin until the first Annual SAP Update is drafted by P3Works and approved by Council, therefore all work completed to that point will be billed hourly. See Section below related to “Consulting Services Relating to Future Improvement Areas and related Bond Issuance” for hourly fees if bonds are contemplated. Prepare Annual Service and Assessment Plan Update 1. If possible, obtain updated construction cost estimates (or actual costs for completed facilities) for District improvements, and update service and assessment plan text and tables. 2. Update service and assessment plan text and tables as necessary to account for any changes in development plan or land uses. 3. Update annual District assessment roll. 4. Identify parcel subdivisions, conveyance to owners’ associations, changes in land use, and any other information relevant to the levy of special assessments. 5. Review maps of tax parcels to compile/audit list of parcels that are within the District for the upcoming bond year. Classify each parcel pursuant to the approved service and assessment plan. 6. Identify and supply the City with pertinent information concerning parcels dedicated to any property types classified as exempt by the service and assessment plan. 7. Update District database with newly subdivided parcels and property type classifications. 8. Calculate annual special assessment for each parcel. Verify the sum of annual installments for all parcels in the District is sufficient to meet the annual debt service requirement, administration expenses, and any provisions for delinquency or prepayment reserves. 9. Calculate other funds available, such as reserve fund income, capitalized interest, and interest income. Reduce annual assessment based on findings according to approved service and assessment plan. 10. Present preliminary annual assessment roll to City. Upon approval by City, submit final annual assessment roll to County Tax Collector. Consult with County Tax Collector as necessary to ensure County collection of payment of District assessments. Administration of Bond Funds (if bonds are sold) 1. Review and reconcile the account statements for the funds maintained by the trustee. Ensure annual special assessment calculation is compliant with Indenture as it relates to each fund. 2. Provide annual summary of all District accounts maintained by Trustee at the time the annual service and assessment plan update is performed. 9 Provide Public Information Request Support 1. If requested, P3Works will respond to any calls and or emails relating to the District. P3Works will only provide technical answers relating to the annual assessments or the District generally. P3Works will not provide any commentary on City policy relating to PIDs. 2. If the City receives a notice from a property owner alleging an error in the calculation of any matters related to the annual assessment roll for the District, P3Works will review and provide a written response to the City. If a calculation error occurred, P3Works will take corrective action as required to correct the error. Delinquency Management 1. After the end of the annual assessment installment collection period, P3Works will prepare a delinquent special assessment report, which details which parcels are delinquent and the amount of delinquency. 2. P3Works will advise the City what action must be taken relating to delinquent parcels, if any, to remain in compliance with the District bond documents. Website Setup 1. Prepare website database searchable by property tax ID for use by property owners, title companies, mortgage companies, or other interested parties. The search results will provide assessment information, including outstanding principal, annual installment amount, payment information, and a breakdown of the assessment installment by use (principal, interest, reserve fund accounts, administrations, etc.) 2. Prepare “District Information” page for website. Information will include a background of the District formation and bond issuance process, District boundary map, and description of improvements. In additions, P3Works will provide a link to District documents. DISTRICT ADMINISTRATION SETUP SERVICES (Required for any existing PID not created by City with the assistance of P3Works.) $7,500 One Time Lump Sum Fee 1. Prepare District Administration Manual 2. P3Works will review the full bond transcript and identify all requirements of the City relating to District administration and/or disclosure requirements. 3. Prepare written summary of all City administration and disclosure requirements. 4. Prepare calendar of all relevant dates and deadlines for District administration and disclosure requirements. 5. Meet with County Assessor’s office to establish procedure for obtaining parcel information for assessment roll. 6. Meet with County Tax Office to establish procedure to include District assessment roll on property tax bill. 7. Meet with City representatives to finalize policies and procedures relating to District Administration. 10 ADDITIONAL DISTRICT ADMINISTRATION SERVICES Billed at P3Works’ prevailing hourly rates, which are currently as follows: Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 Administrative $100 *P3Works’ hourly rates may be adjusted from time to time to reflect increased costs of labor and/or adding/reclassifying titles. Travel will be billed at the hourly rates. Continuing Disclosure Services 1. P3Works will prepare the form of the annual report as required by the continuing disclosure agreements and work with the City and the Developer to complete. 2. P3Works will request from developer the reports due pursuant to the developer disclosure agreement and disseminate these reports pursuant to the disclosure agreement; including Seller’s Disclosures. 3. Upon notification by any responsible party or if P3Works independently becomes aware of such knowledge, P3Works will prepare notices of material events covering the events enumerated in the disclosure agreements. 4. P3Works will coordinate with the Trustee to disseminate the annual reports, quarterly reports from the developer, and notice of significant events to the Municipal Securities Rulemaking Board (MSRB) and any other parties required in the continuing disclosure agreement. Developer Payment Request Administration 1. P3Works will review all developer payment requests to ensure the request complies with the PID Financing Agreement, the District service and assessment plan, and any other relevant provisions contained in the District documents. 2. P3Works will audit the developer payment request to ensure there is proper backup documentation and that the accounting is accurate. 3. P3Works will coordinate with the City’s designated representative to ensure the improvements were built to the standards of the accepting governing body. 4. P3Works will ensure improvements to be dedicated are free and clear of all liens and encumbrances. Consulting Services Relating to Future Improvement Areas and related Bond Issuance (to be paid from Developer funds advanced to City) 1. P3Works will update the Service and Assessment Plan to comply with Bond documents. 2. P3Works will prepare an updated Assessment Roll including the future Improvement Area 3. P3Works will coordinate with City’s bond counsel, financial advisor, and the bond underwriter to ensure the Bonds and all related documents are in compliance with State Law. 4. P3Works will prepare any additional reports or analyses as needed to successfully issue the Bonds. 11 EXHIBIT B TAX INCREMENT REINVESTMENT ZONE SERVICES TO BE PROVIDED TIRZ FORMATION, PRELIMINARY AND FINAL PROJECT AND FINANCE PLAN PREPARATION SERVICES Billed at P3Works’ prevailing hourly rates, which are currently as follows: Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 Administrative $100 *P3Works’ hourly rates may be adjusted from time to time to reflect increased costs of labor and/or adding/reclassifying titles. Travel times will be billed at hourly rates. District Due Diligence and Preparation of TIRZ Project and Finance Plan 1. P3Works will review project information and prepare a Preliminary Plan for the proposed creation, including: a) Assessed value schedules and overall structuring to achieve City goals and objectives. b) Drafting the TIRZ Agreement. c) At the direction of Staff, facilitate presentations to the Council and the TIRZ Board. 2. Estimated annual TIRZ Credit by lot type for each improvement area. Preparation of Preliminary and Final Project Plan 1. P3Works will prepare a Preliminary Project and Finance Plan (“PPFP”) and a Final Project and Finance Plan (“FPFP”) to be adopted by the TIRZ Board and the City Council and included in the Official Statement for the PID Bonds based on the Plan of Finance. 2. P3Works will prepare a draft TIRZ Agreement to be adopted by the TRIZ Board 3. P3Works will present the PPFP to the Council at the creation of the TIRZ and request approval of TIRZ Creation Ordinance. 4. P3Works will present the FPFP to the Council after conducting all necessary steps for public hearings and notifications and request approval of TIRZ FPFP. 5. P3Works will file the necessary creation forms with the Secretary of the State of Texas after the creation of the TIRZ. Bond Issuance Support 1. P3Works will ensure bond documents, including the bond indenture and official statement are all consistent with the TIRZ Final Plan. 2. P3Works will provide ad-hoc analysis as requested by the underwriter in preparation of the preliminary official statement. Participation in Presentations to City Council or other Public Forums 1. P3Works will prepare and present information as requested to the City Council or any other public forum. 2. If requested by the City, P3Works will respond to any calls and or emails relating to the 12 TIRZ. 3. P3Works will only provide technical answers relating to the annual TIRZ Credit or the TIRZ generally. 4. P3Works will not provide any commentary on City policy relating to TIRZs. BASIC DISTRICT ADMINISTRATION SERVICES Billed at P3Works’ prevailing hourly rates, which are currently as follows: Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 Administrative $100 Preparation of the Annual Report to be filed with the Secretary of State and then presented to the TIRZ Board and City Council for approval. See Section below related to “Consulting Services Relating to Future Improvement Areas and related Bond Issuance” for hourly fees if future TIRZ changes are contemplated. Consulting Services Relating to Future Improvement Areas and related Bond Issuance (to be paid from Developer funds advanced to City) 1. P3Works will update the Service and Assessment Plan to comply with Bond documents. 2. P3Works will prepare an updated Assessment Roll including the future Improvement Area 3. P3Works will coordinate with City’s bond counsel, financial advisor, and the bond underwriter to ensure the Bonds and all related documents are in compliance with State Law. 4. P3Works will prepare any additional reports or analyses as needed to successfully issue the Bonds. Prepare Annual Report 1. If possible, obtain updated construction cost estimates (or actual costs for completed facilities) for TIRZ improvements 2. Update Annual Report as necessary to account for any changes in development plan or land uses. 3. Identify parcel subdivisions, conveyance to owners’ associations, changes in land use, and any other information relevant to anticipated estimate of Tax Increment to be generated. 4. Calculate annual TIRZ Credit for each parcel. 5. Present preliminary Annual Report to TIRZ Board. Upon approval by TIRZ Board, submit final Annual Report to the Texas Secretary of State. ORGANIZATIONAL PROFILE MARY V. PETTY CO-FOUNDER & MANAGING PARTNER JON SNYDER CO-FOUNDER & MANAGING PARTNER COMPANY HEADQUARTERS ADDITIONAL OFFICES P3WORKS, LLC P3WORKS, LLC 350 RUFE SNOW DR. 3901 S. LAMAR BLVD. SUITE 200 SUITE 440 KELLER, TX 76248 AUSTIN, TX 78704 (817) 393-0353 EIN# 82-2014630 (888) 417-7074 WWW.P3-WORKS.COM OVERVIEW OF THE FIRM Mary Petty and Jon Snyder joined together to create P3Works, LLC, to assist cities, counties, and management districts with the creation and administration of their special districts. Special taxing districts such as PIDs, MMDs, and TIRZs are created to meet the unique needs of each city, county and management district. As such, each district is different and requires a wide range of skills to understand the impact to the residents. P3Works operates out of two offices located in Keller, TX, and Austin, TX, with principal and support staff at each location. Superior customer service by the principal and support staff goes beyond the City and onto the residents by providing dedicated information on their special district, the nature and sum of their assessments, and answering frequently asked questions. Jon has over 15 years’ experience in the fields of real estate and municipal finance. His areas of expertise include municipal finance programs for infrastructure and public facilities development, fiscal and economic impact analysis, and land development project feasibility studies. Jon has established, restructured, and administered public finance districts that have funded more than $300 million in infrastructure. Financings on which Jon has consulted have included new issues, parity bonds, refundings, workouts, senior and subordinated bonds, and combined revenue bonds. In addition to implementing public financing districts to fund the construction of public improvements, Jon has also assisted in the formation and administration of districts to specifically fund public services. Prior to creating P3Works, Jon founded PIDWorks to provide municipal finance consulting services to cities in the Austin area. Jon holds a Bachelors of Science degree in mathematics and economics. Mary has 22 years’ experience in banking, management and public administration. Her experience and skills combine to provide expert support in forensic analysis, revenue and expenditure projections, assessment and reimbursement alternatives, as well as project negotiations and reporting. Many municipal clients have engaged P3Works Principals to provide development consulting and analysis to add value to their respective projects. Mary recently concluded negotiations and document preparation for high profile projects like the new Charles Schwab headquarters in Westlake and has just concluded a new TIRZ development for Weatherford and Ennis, and continues to quarterback various PID projects across the Metroplex. She has become a sought-after resource for municipal clients – from bond underwriters to financial advisors and bond counsel – when evaluating project feasibility and financial viability. Mary is a graduate of UNT with a Bachelors in Business Administration, Finance. EXPERIENCE WITH PIDS AND/OR TIRZS The principals of P3Works have implemented numerous districts, both statewide and nationally, ranging in size from $2 million to $102 million, and have consulted with cities on the following projects in the State of Texas. A partial list: □Town of Argyle, Waterbrook PID (Mixed-Use with TIRZ overlay) □Town of Westlake, Entrada Mixed Use Development, Developer Agreement and PID □City of Ennis, TIRZ #1 and TIRZ #2 □City of Mesquite, various Tax Increment Finance Districts □City of Mesquite, Economic Development Incentive Analysis/PIDs □City of Oak Point – Shahan Prairie PID □City of Oak Point – PDI Property PID □City of Oak Point – Wildridge PID, Capital and O&M PIDs □The Crossings PID – Comal County □City of Ferris PID #1 – City of Ferris □City of Marble Falls – La Ventana PID □Travis County – Bella Fortuna PID □Travis County – Wildhorse PID □Hays County – La Cima PID □City of Justin – Timberbrook PID □Town of Argyle – Highlands PID □Wolfforth PID No. 2 – City of Wolfforth □City of Haslet – Haslet PID Nos. 1, 2, 5, 6 □City of Royse City – Union Square □City of Royse City – Waterscape □Town of Ponder – Ponder PID No. 1 □Town of Hickory Creek – Hickory Creek PID #1 and #2 □Comal County – Grove Policy □City of Manor, PID Policy □City of Manor, Entrada Glen PID □Travis County – Various PIDs □City of Weatherford, TIRZ #1 EXPERIENCE WITH FIRST TIME PID DEBT ISSUERS/FIRST TIME TIRZ P3Works principals have developed a particular expertise in quarterbacking the negotiations and creation of PIDs as well as overseeing the TIRZ overlay of a PID, with experience both in PID assessment reduction and performance-based developer reimbursement protocols and related documentation. We believe that making the City fully aware of all the risks and responsibilities associated with a PID and/or TIRZ is essential so that the City understands the implication of giving up tax increment and how it relates to the cost of providing City services, as well as understanding the impact of continuing disclosures, both by the City and the developer. In addition, the City must have policies and procedures in place to ensure all bond covenants are fully complied with, that the PID/TIRZ is transparent to property owners, and new homebuyers are fully aware they are purchasing a home subject to a PID assessment. Both Mary and Jon have worked with numerous first time PID issuers, ranging from communities with a population of less than 5,000 to some of the largest municipalities in the State, as well as Counties new to PID assessments. They have worked with the financial advisor and bond counsel to educate the city and set up policies and procedures to protect the City’s interests. A P3Works principal is involved from start to finish and continues to provide administrative support in every PID project. Our principals have years of experience with Financial Advisors and Bond Counsel throughout the state in managing risk and minimizing city exposure in TIF/PID transactions. P3Works is one of few, if not the only firm in the State that has developed a trademark process for projecting city expenses based on land use and projected revenue streams charted against TIRZ debt and/or reimbursement obligations in order to properly inform Cities of their actions. EXPERIENCE WITH TEXAS TAXING ENTITIES AS IT RELATES TO COLLECTION OF PID ASSESSMENTS P3Works currently works with Denton County, Tarrant County, Rockwall County, Hays County, Comal County, Travis County, Lubbock County, and Williamson County to provide the setup and support for the PID assessment process. POLICIES, PROCEDURES, PROCESSES AND REPORTS FOR CITY PIDS P3Works has created policies, procedures and processes to assist Cities in the PID creation and administration process, and works closely with the City and the City's advisors to compile the appropriate procedures to accurately establish and support the economic and financial goals of the City. EXAMPLES OF POLICIES, PROCEDURES, PROCESSES AND REPORTS FOR SEC REPORTING During the PID Administration Process, P3Works will work closely with the developer to collect and compile quarterly and annual financial information and operating data related to the development and construction of public improvements within the PID. For annual reports, the PID Administrator will assist the City to ensure that this information is provided to the City and/or its designated agent (“dissemination agent”). The City is the Issuer of the PID bonds and will assert control of its securities with regard to continuing disclosures to EMMA. Sample Document can be provided as requested. PROPOSED SERVICES FOR CREATION/ADMINISTRATION AND PROPOSED FEES FOR SERVICES Every PID, TIRZ and MMD is different, therefore PID. MMD and TRIZ creation is billed hourly and PID Administration, TIRZ Administration and MMD Administration is billed at a flat rate monthly, with some hourly billing. Proposed fee schedule can be provided upon request. CITY AND COUNTY REFERENCES City of Oak Point 100 Naylor Road Oak Point, TX 75068 Amy Bockes City Secretary/Human Resources Manager (972) 294-2312 abockes@oakpointtexas.com Dates of Contract Period: 3/2018 - Current Description of Services Provided: Due diligence on Existing PID documents, structure and assessment collection, PID Administration, Continuing Disclosure, Annual SAP Updates, Draw Reviews, Improvement Area Bond Issuance Support Contract Amounts: Combination of hourly at standard rates and fixed monthly administration fees. City of Royse City 305 N. Arch St. Royse City, TX 75189 Shannon Raymond Director of Finance (972) 524-4820 sraymond@roysecity.com Dates of Contract Period: Continuous Until Terminated Description of Services Provided: PID Administration, Annual SAP Updates Contract Amounts: Combination of hourly at standard rates and fixed monthly administration fees. City of Justin PO Box 129 Justin, TX 76247 Cori Reaume City Manager (940) 648-2541 creaume@cityofjustin.com Dates of Contract Period: Continuous Until Terminated Description of Services Provided: PID Feasibility/Due Diligence, PID Formation, SAP preparation, PID Administration, Continuing Disclosure, Draw Reviews, Annual SAP Updates, Improvement Area Bond Issuance Support Contract Amounts: Combination of hourly at standard rates and fixed monthly administration fees. Town of Argyle 308 Denton St Argyle, TX 76226 Kim Collins Finance Director (940) 464-7273 kcollins@argyletx.com Dates of Contract Period: Continuous Until Terminated Description of Services Provided: PID Setup and Administration Contract Amounts: Various; depends on the size and complexity of the PID (i.e. PID w/ TIRZ overlay in more expensive) Denton County 1505 E. McKinney St. Denton, TX 76209-4525 Stacey Dvoracek Chief Deputy for Michelle French, Denton County Tax Assessor/Collector (940) 349-3523 Stacey.Dvoracek@dentoncounty.com CITY ATTORNEY REFERENCES Matthew Boyle Boyle and Lowry, LLP 4201 Wingren Drive, Suite 108 Irving, TX 75062 (972) 650-7104 Mboyle@boyle-lowry.com BOND COUNSEL REFERENCES Robert D. Dransfield Partner Norton Rose Fulbright 2200 Ross Avenue Suite 3600 Dallas, Texas 75201 (214) 855-8068 robert.dransfield@nortonrosefulbright.com Julie K. Partain Counsel Bracewell, LLP 1445 Ross Avenue Suite 3800 Dallas, TX 75202-2724 (214) 758-1606 Julie.partain@bracewell.com UNDERWRITER & UNDERWRITER’S COUNSEL/BOND COUNSEL REFERENCES R.R. "Tripp" Davenport, III Director FMSbonds, Inc. 100 Crescent Court, Suite 700 Dallas, Texas 75201 (214) 418-1588 tdavenport@fmsbonds.com Julia R. “Julie” Houston Partner Orrick, Herrington & Sutcliffe LLP 500 W. 2nd Street, Suite 1900 Austin, Texas 78701 (512) 575-6010 JHouston@orrick.com FINANCIAL ADVISOR REFERENCES Nick Bulaich Managing Director First Southwest, A Division of Hilltop Securities 777 Main Street, Suite 1200, Fort Worth, TX 76102 (817) 332-9710 nick.bulaich@hilltopsecurities.com Item No. 10. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action regarding a resolution appointing directors and a chairman to the board of directors of Tax I ncrement Reinvestment Z one Number One, City of A nna, Texas. (City A ttorney) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Resolution A ppointing T I R Z B O D v2 11/7/2018 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPOINTING DIRECTORS AND A CHAIRMAN FOR THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF ANNA, TEXAS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Anna, Texas, pursuant to Ordinance No. 708-2015, adopted December 8, 2015 (the "Ordinance"), created Tax Increment Reinvestment Zone Number One, City of Anna, Texas (the "Zone"), and created a Board of Directors for the Zone; and WHEREAS, in accordance with the Tax Increment Financing Act, Chapter 311, Texas Tax Code, as amended (the "Act"), the City Council is authorized to appoint the number of directors specified in Section 4 of the Ordinance, and is further authorized to appoint the Chairman of the Board of Directors; and WHEREAS, the governing body of Collin County, Texas has not taken action to participate in the zone, and all directors may be appointed by the City, in accordance with the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. Section 2. That, pursuant to the Tax Increment Financing Act, Chapter 311, Texas Tax Code, as amended, the City of Anna hereby appoints seven members to the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Anna, Texas, to serve for two year terms as named in the attached Exhibit A. Section 3. That the City of Anna hereby appoints a Chairman of the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Anna, Texas, as named in the attached Exhibit A. Section 4. That this resolution shall become effective from and after the date of its passage. 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS on this the 13th day of November, 2018. _______________________________________ Nate Pike, Mayor ATTEST: _________________________________ Carrie L. Smith, City Secretary 3 EXHIBIT A TAX INCREMENT REINVESTMENT ZONE NUMBER ONE BOARD OF DIRECTORS The City Council of the City of Anna, Texas, hereby appoints the following members to the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Anna, Texas, effective January 1, 2019: Nate Pike Lee Miller Nathan Bryan Kevin Toten Alonzo Tutson John Beazley Chris Reeves The City Council of the City of Anna, Texas, hereby appoints the following individual as Chairman of the Board of Directors of the Tax Increment Reinvestment Zone Number One, City of Anna, Texas, effective January 1, 2019: Nate Pike Item No. 11. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : A ) Conduct a public hearing to consider public comments regarding a request by Don Collins, the owner of the property. The property is currently zoned A gricultural (A G). T he owner requests to replace the existing zoning to L ight Commercial (C-1). The property is located at the Northwest corner of the intersection of Highway 75 and F M 455 (W hite St). I t is on the E ast side of the future S tandridge B lvd. (Maurice S chwanke) B ) Consider/Discuss/A ction on an O rdinance approving the request by the owner of the property to replace the existing zoning with L ight Commercial (C-1). S UM M ARY: T his tract contains approximately 6.986 acres of land. P ermanent zoning on this tract was never granted after voluntary annexation. Retail zoning exists to the east, west and south. Traversing this property starting at the southwest corner adjacent to F.M. 455 to the northeast corner is a proposed 4 lane divided thoroughf are, planned to be built by the Villages of Hurricane Creek Subdivision being planned to the north. From the northeast corner of the tract proceeding northerly, Standridge B lvd is planned to be built by the Standridge Company. The property is shown as retail on the existing C omprehensive Plan and the proposed Comprehensive P lan being developed. T he P lanning and Z oning C ommission recommended approval at the November 5th meeting. S TAF F RE C O M M E ND AT I O N: Approval of the proposed Zoning Change Ordinance. AT TAC HM E NT S : Description Upload Date Type Ordinance 11/7/2018 Ordinance L ocation Map 11/7/2018 Backup Material CITY OF ANNA, TEXAS ORDINANCE NO. ________ (Standridge & FM 455 Zoning Change AG to C-1) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE, AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance, from Agriculture (AG) to Light Commercial (C-1). Section 2. All regulations pertaining to the Light Commercial Zoning (C-1) or amended shall be applicable to this Tract. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 13th day of November, 2018. ATTESTED: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike SUBJECT PROPERTY LEGAL DESCRIPTION •: 1 i COLLIN COUNTYvAND BEING PART is A CALLED 114.252 ACRE OF LAND DESCRIBED .. DEED TO DON COLLINStRECORDED IN VOLUMEOF •. RECORDS • • 1 t DESCRIBED t BOUNDS • t BEGINNING AT AN IRON ROD FOUND IN THE NORTH RIGHT OF WAY LINE OF FM 455 (WEST WHITE # •t 1 f 1•.:# 1 I •4 1 A r—T K k NT—febbbbbb COUNTYIRON ROD BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WBK. PARTNERS LTDt RECORDED IN VOLUME 4292 PAGE 27 OF THE OFFICIAL PUBLIC RECORDS COLLIN INCH IRON ROD FOUND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBE, D BY 1F # TO VILLAGES OF ••# * IN VOLUMEt PAGE 9864 OF THE OFFICIAL PUBLIC RECORDS COLLIN THENCE N 010311 10"OF SAID VILLAGES OF 184s67 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED t • TO 5/9 INCH IRONROD WITH PLASTIC CAP STAMPED"PELOTONtp d 4 1 1 '. i... f F :F ` I t •' .:1' t ` f #:• t 1 STAMPEDCAP 8 hobo KNO:: • :• . • # f. NUNN .:.. r r• t • # ACRES OF # MORE 1' WHITE STREET (F.M. 455)CENTRAL E X P R E S S W A Y ( U . S . 7 5 )WHITE STREET (F.M. 455)SITE Item No. 12. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action on filling a vacancy on the Economic Development Commission and Community Development Commission. (City Secretary) S UM M ARY: Doug Hermann has tendered his resignation and it has been accepted by the Commissions. We have seven applicants that have expressed interest in serving on the Commissions. S TAF F RE C O M M E ND AT I O N: Accept Mr. Hermann's resignation and appoint an applicant to fill the vacancy. AT TAC HM E NT S : Description Upload Date Type Item No. 13. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action regarding passing a Resolution approving a project and related incentive agreement for a Phase I I I ncentive Agreement for new economic development with Q Seminole A nna Town Center L .P., and the Anna Community Development Corporation. (J essica Perkins) S UM M ARY: T he C ommunity Development C orporation has negotiated an economic development agreement with the owner of a large retail tract located at the NE corner of F M 455 and US Hwy 75 – where Wal-mart is located today. T his P hase I I Economic D evelopment I ncentive Agreement requires the owner of the property to construct over 5 million dollars in public infrastructure improvements (i.e. roads, water lines, sewer lines, etc.) that are necessary to the future development of P hase I I of the property which is approximately 80 acres. I n consideration of the owner ’s f aithful performance of its obligations, the Community Development Corporations will reimburse the owner f or expenses related to the public infrastructure. T he assistance provided by the Corporations will come from a portion of the future sales tax revenue paid to the Corporation and generated solely by new retail stores constructed on the owner’s property. S ales tax revenue paid to the City’s general f und will not be used to support this agreement. T he f inancial assistance provided by the C orporations will be capped at 70% of the aforementioned sales tax revenue for a period of 20 years or until the total payments to the owner equal the maximum amount prescribed in the agreement, whichever comes first. A ll payments to the owner are conditional on the performance of the owner’s obligations which include construction of the public infrastructure for phase I I , construction and operation of a free-standing emergency room valued at 10 million with a minimum of 25 jobs created by the emergency department, as well as 40 additional jobs created by retailers in the phase I I development. S TAF F RE C O M M E ND AT I O N: Staff recommends approval. AT TAC HM E NT S : Description Upload Date Type 11-13-2018 R E S Phase I I I ncentive Agreement Q Seminole A nna Town Center 11/2/2018 Resolution Phase I I I ncentive Agreement - E xecuted 11/8/2018 Backup Material CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO.______ PAGE 1 OF 2 CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING A PROJECT AND RELATED INCENTIVE AGREEMENT FOR A PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA TOWN CENTER, L.P. AND THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND AUTHORIZING THE DISBURSEMENT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the Anna Community Development Corporation (the “CDC”) desires to disburse funds in support of an economic development project (the “Project”) that will create and retain new jobs, and that will result in new capital investment within the corporate limits of the City of Anna, Texas (“City”); and WHEREAS, the CDC has received a project proposal from Q Seminole Anna Town Center, L.P. who has represented that it will create and retain a significant number of new jobs and that will result in new capital investment, all within the corporate limits of the City; and WHEREAS, the CDC has determined that it would be beneficial to the CDC and to the City for the CDC to disburse funds for certain costs of the Project provided that the promised jobs and capital investment are completed according to the terms of the Agreement, as more specifically set forth in the Agreement; and WHEREAS, the CDC has found that the Project will promote new or expanded business development and that the expenditures of funds under the Agreement are required or suitable for infrastructure and site improvements necessary to promote or develop new or expanded business enterprises; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Project, Agreement, and Expenditure The City of Anna City Council hereby authorizes and approves of the Project, and further authorizes the CDC Board of Directors, subject to approval of the form and content by the CDC’s legal counsel, to enter into a Phase II Incentive Agreement for New Economic Development with Q Seminole Anna Town Center, L.P. (“Agreement”) attached hereto as EXHIBIT A, incorporated herein for all purposes. The City Council further authorizes the Mayor to execute said Agreement to bind the City for the limited purposes expressly stated therein. CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO.______ PAGE 2 OF 2 PASSED AND APPROVED by the City Council of the City of Anna this ____ day of __________________, 2018. APPROVED: _____________________________ Nate Pike, Mayor ATTEST: ________________________________ Carrie L Smith, City Secretary PHASE It INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT THIS PHASE II INCENTIVE AGREEMENT DEVELOPMENT (this "Agreement") is entered into Community Development Corporation, a Texas Type ("ACDC"), and Q Seminole Anna Town Center, L.P., ("Developer" ). FOR NEW ECONOMIC by and between the Anna B development corporation a Texas limited partnership WHEREAS, the Texas Legislature in Section 4B of Article 5190.E Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C 1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; and WI-IEREAS, residents of the City of Anna, Texas ("City") voted to authorize the creation of the ACDC and the allocation of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of three-quarters of one percent; and WHEREAS the ballot language of the measure approved by the voters was sufficient to authorize the use of such funds for projects like the one contemplated by this Agreement; and WI-IEREAS, the ACDC exist for the purposes of encouraging and assisting entities with economic development projects and the creation of jobs for the benefit of the local economy and the citizens of Anna, Texas, and WHEREAS, the ACDC is governed by a boards of directors (the "ACDC Board"), which is authorized to approve the ACDC's projects and expenditures; and WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979 Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires a municipality's governing body to approve all programs and expenditures of a development corporation authorized by such municipality; and WHEREAS, Developer owns the Phase II Development, a portion of which Developer and the ACDC desire an emergency healthcare FED to be developed; and WHEREAS, UHS of Texoma, Inc., a Delaware corporation (together with any entity controlled by LTHS of Texoma, Inc., "UHS"), specializes in hospital systems including but not limited to health care FEDs and emergency rooms and has entered or will enter into a purchase and sale agreement with Developer for the development of an approximately 13,000 square foot free standing emergency department building (the PI-IASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1 to be located within the Phase II Development on a tract of land consisting of approximately 14.89 acres more particularly described in Exhibit B attached to this Agreement and as depicted on Exhibit G1 as 'Block A, Lot 8", the FED structure being as generally shown in Exhibit G2, attached to this Agreement (the "FED Property"); and WIIEREASI a proposed site plan of the FED Property is attached hereto as Exhibit G1, which sets forth the layout of parking lots, traffic areas, fire lanes, buildings, and other development aspects normally required to be including in site plans when required to be submitted in a development application to the City of Anna, Texas; and WHEREAS, the Phase II Infrastructure Improvements are necessary for the development of the FED Property; and WHEREAS, the City currently lacks the type of health care FED and emergency room to treat patients and to draw consumers from within and outside of the local area and serve as a magnet for other retail and service -related companies to locate in the City; and WHEREAS, it is projected that the location and operation of the FED in the City will directly create a minimum of 25 jobs; and WHEREAS, the ACDC recognizes the positive economic impact that the Project will bring to the City through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional tax revenue; and WHEREAS, the payments to Developer under this Agreement are exclusively performance -based so that no payments will be made to Developer until and unless the Phase II Infrastructure and FED are constructed and operated; and WHEREAS, on November , 2018, the ACDC Board determined that it is in the best interests of the zens of Anna, Texas that economic development funds be provided to Developer in exchange for the satisfaction of certain obligations undertaken by Developer as described in this Agreement, including but not limited to causing the FED to be developed and operated within the area planned for the Phase II Development; and WFIEREAS, the AMC Board has further determined that the obligations it is undertaking in this Agreement including expenditures of economic development funds are required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, namely the expenditures for the infrastructure that constitutes the Project, as hereinafter defined; and WHEREAS, the City has a population of less than 20,000 and Section 501.103 of the PI-IASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2 Texas Local Government Code authorizes the ACDC to expend economic development funds derived from the ACDC's respective sales and use tax revenue for certain infrastructure improvement projects and such projects will assist Developer with the costs of the Phase I Development and Phase II Development; and WHEREAS, on November 8, 2016, a majority of the qualified voters in the City approved a provision that allocated to the ACDC three-quarters of one percent from the two percent local option sales and use tax; and NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Agreement, the ACDC and Developer agree as follows: Section 1. Effective Date. The Effective Date of this Agreement shall be the date that the last of the following events have occurred: (1) the ACDC Board has duly resolved to undertake the project that is the subject of this Agreement and to enter into this Agreement; (2) the Parties to this Agreement have duly executed same; (3) the City of Anna, Texas City Council ("City Council") has by duly adopted resolution authorized the Project and associated expenditures by the ACDC; and (4) Developer closes on the sale of the FED Property to UHS, which shall occur on or before June 30, 2020. This Agreement shall be of no effect until and unless all four of said events have timely occurred. Section 2. Term and Termination. 2.01 The term of this Agreement shall commence on the Effective Date. The term of the payment period for the payments to be made to Developer under Section 5 of this Agreement is two times each year (on January 1 and June 1 each year) for 20 years beginning on January after the date that the City issues a Certificate of Occupancy for the FED. 2.02 This Agreement and all obligations of the Parties hereto shall terminate upon full performance of the Parties' respective obligations under this Agreement. The City and Corporation may, at their sole discretion, terminate this Agreement upon any of the following events: (a) Developer fails, after notice and expiration of the Cure Period, to timely construct, or cause to be constructed, the Phase II Infrastructure Improvements, in accordance with Section 4 of this Agreement; (b) UHS fails to timely commence construction, construct, or cause to be constructed, the FED, in accordance with Section 4.01 of this Agreement; (c) Developer fails to close on the sale of the FED Property to UHS on or before PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3 the date for such closing as stated in Section 1 of this Agreement. Section 3. Recitals Incorporated and Definitions. 3.01 The recitals in the preamble to this Agreement are hereby incorporated for all purposes. 3.02 The following words or phrases shall have the following meanings: "Certificate of Occupancy" means a document entitled "Certificate of Occupancy" (or other similar title) issued by City upon substantial completion of the FED in accordance with applicable City Regulations. A Certificate of Occupancy shall not include a certificate issued in error, mistake or misrepresentation of facts, but shall include any temporary certificate of occupancy or other document authorizing temporary or conditional occupancy. "City Code" means the Anna City Code of Ordinances. "City Council" means the governing body of the City of Anna, Texas. "City Manager" means the City Manager of the City of Anna, Texas. "City Regulations" mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. "Commence Construction" means to commence the work of constructing any part of the Phase II Infrastructure Improvements or the healthcare FED, as applicable: (i) with all approvals thereof required by the City obtained as necessary, (ii) after a notice to proceed has been issued to Developer's contractor(s), and (iii) onsite construction of the site development components (such as drainage, extensive grading or utilities) is underway and being pursued. "Completion" as relates to construction of the Phase II Infrastructure Improvements means: (i) substantial completion of said infrastructure and improvements in accordance with the terms of this Agreement and the plans and specifications approved by the City therefor; and (ii) written acceptance by the City of all said infrastructure and improvements which shall not be unreasonably withheld. "Cost of Phase II Infrastructure Improvements" means the dollar amount actually paid for the engineering, design, and construction of the Phase II Infrastructure Improvements at the time of full and final completion, dedication and acceptance the Phase II Infrastructure Improvements. An estimate of the Cost of Phase II Infrastructure Improvements is attached hereto as Exhibit D. PHASF. II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMEN"I' Page � "Cure Period" means a 60-day period as set forth in Section 8.8 of this Agreement. "Parties" mean the ACDC and Developer. "Phase I Development" has the meaning set forth in the Phase I Incentive Agreement. "Phase I Incentive Agreement" means that certain Incentive Agreement for New Economic Development executed on or about April 16, 2015, as amended by that certain First Amendment to Incentive Agreement for New Economic Development dated as of December 7, 2017, by and among ACDC and Developer. "Phase II Development" means the area of land that includes but is not limited to the FED Property and upon which and/or for which the Phase II Infrastructure Improvements shall be constructed, said area of the Property being legally described in Exhibit A. attached to this Agreement. "Phase II Infrastructure Improvements" mean those certain infrastructure improvements to be constructed, or caused to be constructed, by Developer in accordance with this Agreement and identified as follows: (a) Water system improvements including: (1) the water line labeled as "Line A" in Exhibit E, attached to this Agreement; and (2) the water line labeled as "Line B" in Exhibit E, attached to this Agreement; and (b) Sanitary sewer system improvements including: (1) the 15" wastewater line labeled as "Line A" in Exhibit F, attached to this Agreement; and (2) the 8" wastewater line labeled as "Line B" in Exhibit F, attached to this Agreement; and (c) Road improvements including: (1) the full 60' width of the extension of Throckmorton Blvd through the Phase II Development and associated storm sewer, pavement, sidewalk, curb and gutter, street lights, and landscaping improvements as shown in Exhibit G. attached to this Agreement; and PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5 (2) Me full 80 width of HaCKberry Ln through the Phase II Development and associated storm sewer, pavement, curb and gutter, curbed median, sidewalk, street lights per city adopted design standard as amended, and landscaping and irrigation improvements per city adopted design standard as amended as shown in Exhibit G, attached to this Agreement; and (d) Storm water system improvements including: (1) The storm drain line labelled "Line A" and related in Exhibit H, attached to this Agreement; and (2) The storm drain line labelled "Line B" in Exhibit H, attached to this Agreement (3) The improvements comprising the storm drain headwall and erosion control/ outfall protection labelled in Exhibit H. attached to this Agreement "Project" means the expenditure of economic development funds to be made by the ACDC in accordance with this Agreement to contribute to the costs of construction of the Phase II Infrastructure Improvements for the purpose of promoting or developing new or expanded business enterprises. "Project Funds" means an amount that is equivalent to 70% of the Sales and Use Tax revenue that is actually received by the ACDC until the earlier or: (1) expiration of the term of this Agreement; or (2) Developer has received an amount equal to the lesser of $5,222,857 or the Cost of Phase II Infrastructure Improvements, subject to reduction as described in Section 4.14(a). "Reallocation or Refund" means any change in the amount of any Sales and Use Tax that: (i) occurs as a result of a reallocation or refund by the State Comptroller; (ii) actually results in a decrease or increase in the ACDC's Sales and Use Tax; and (iii) such decrease or increase occurs during the term of this Agreement. "Reporting Contract" means the type of contract described in Section 4.06 of this Agreement. "Retailer" means any person, company, business or other entity or establishment that locates and maintains a retail sales operation at any location within the Phase I Development or the Phase II Development during the term of this Agreement, but specifically excluding UHS. PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DF.VF.LOPMENT Page 6 "Revenue Sharing Agreement" means an agreement covered under Texas Tax Code § 321.3022(b), which allows a municipality to request that the State Comptroller provide information related to the amount of Sales and Use Tax paid during the preceding or current calendar year. "Sales and Use Tax" means the three-quarters of one percent sales and use tax revenue allocated to the ACDC and that is attributable to sales and use by Retailers in the Phase I Development and Phase II Development, except that revenue attributable to sales and use by Retailers in the Phase I Development shall not be considered Sales and Use Tax under this Agreement unless and until the ACDC has satisfied its obligations in Section 5.01 of the Phase I Incentive Agreement. "State Comptroller" means the Office of the Texas Comptroller of Public Accounts, or any successor agency thereof. Section 4. Developer Obligations. The obligations set forth in this Section 4 are conditions for the Payment of Project Funds pursuant to Section 5. 4.01. Construction, Location and Operation of the FED. The FED shall be located within the Phase II Development consistent with the site plan attached hereto as Exhibit C4. Construction work on buildings and site improvements, and all other actions necessary or required by the City Regulations for issuance of a Certificate of Occupancy for the FED, must be complete within twenty four (24) months after the Effective Date, conditioned on timely completion of the Phase II Infrastructure Improvements in accordance with Section 4.03, The Deadline to Commence Construction of the FED is eighteen (18) months after the Effective Date of this Agreement, conditioned on timely completion of the Phase II Infrastructure Improvements in accordance with Section 4.03, subject to extension upon written approval by the City Manager or the City Manager's designee. 4.02. This section is left blank intentionally. 4.03. Construction Completion. Completion of construction of the Phase II Infrastructure Improvements must occur within twelve (12) months after the Effective Date. 4.04. This section is left blank intentionally. 4.05 Phase II Infrastructure Improvements Invoices. Once the Developer fully completes the Phase II Infrastructure Improvements, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the dollar amount actually paid for the engineering, design, and construction of the Phase II Infrastructure Improvements. PHASE II INCENTIVE AGREEMEN"C POR NEW ECONOMIC DEVELOPMENT Page 7 4.06. Reporting Contract and Provision of Information Related to Retailers. (a) With respect to every Retailer, Developer shall —before the Retailer is permitted to locate in either Phase I Development or Phase II Development— use commercially reasonable efforts to enter into a Reporting Contract with such Retailer and obtain a fully executed Waiver of Sales Tax Confidentiality. Each Reporting Contract shall include a provision that terminates the Reporting Contract upon termination of this Agreement. Within 10 business days of entering into a Reporting Contract, Developer shall provide the ACDC with a fully -executed, true and correct copy of such contract. Upon written request of the ACDC, Developer shall provide a written assignment of the Reporting Contract to the ACDC, assigning all of Developer's rights and benefits under the Reporting Contract to the ACDC. (b) For each Reporting Contract entered into Developer shall make commercially reasonable efforts to require each Retailer to provide the following in the event that the State Comptroller does not provide Sales and Use Tax information to the City as described by Section 5.05: (1) Within 15 days of the close of each calendar month for which Project Funds will be due to be paid to Developer (such month being referenced in this Section 4.06 as the "Applicable Month"), provide to the ACDC a written schedule (the "Schedule") detailing for the Applicable Month the Retailer's revenue that is subject to Phase II Sales and Use Tax, certifying that the Schedule and the additional documents described in subsection (b)(2), below, are based on actual taxable sales and not estimates. (2) In addition to and accompanying the Schedule, submit to the ACDC tI ue and correct copies of the following additional documents for each Applicable Month: a copy of the Retailer's Texas sales and use tax return, including self -assessed use tax amounts, as well as any amended sales and use tax return(s) and any other documents showing adjustments to the sales and use tax return(s). (3) Within 15 days of a Retailer's receipt of any refund of any Sales and/or Use Tax, notify the ACDC of such refund, submit to the ACDC written documentation of such refund including the amount and the date it was refunded. (4} Within 15 days of the close of any audit of the Retailer's Texas sales tax returns) conducted by the State Comptroller if such audit alters PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 8 the amounts set forth on any Schedule submitted to the ACDC, submit to the ACDC written documentation of such audit, including alI written materials provided by the State Comptroller that relate to such audit. (5) Within 15 days of obtaining a Certificate of Occupancy, execute and deliver to the ACDC a fully completed Waiver of Sales Tax Confidentiality, the form of which is shown in Exhibit I, attached to this Agreement. (6) Allow the rights and benefits of Developer under the contract that is the subject of this Section 4.06 to be assigned to the Corporation(s) upon the Corporation(s) providing Developer with a written request for assignment. (c) Regardless of Developer's obligations set forth above under subsections (a) and (b), Developer shall provide ACDC with the following information regarding each Retailer: Name, Address and Tax ID Number. This information shall be provided to ACDC within 30 days of a Retailer commencing operations within the Phase I Development or the Phase II Development, 4.07. Performance Bond. Payment Bond and Other Securi�. Developer shall execute or cause to be executed one or more valid performance bonds in favor of the City and one or more valid payment bonds for the construction, work and materials necessary to complete the Phase II Infrastructure Improvements. Said bonds may be dual obligee bonds and shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations, except that the bonds shall be in an amount that is 110% of the contract price for each construction contract for any part of the Phase II Infrastructure Improvements and shall contain a provision that increases the amount of the bond to the extent that the contract price increases by change order. Developer shall further execute or cause to be executed a valid 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 Phase II Infrastructure Improvements, arising from defective workmanship or materials used therein, for a full period of two years from the date of final acceptance of the Phase II Infrastructure Improvements constructed under any such contract(s). 4.08. Phase II Public Infrastructure, Generally. Developer shall provide or cause to be provided all Phase II Public Infrastructure, and any required or necessary public improvement not identified in this Agreement that are required by City Regulations in connection with development of the Phase II Development, such as streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Paae 9 required improvements, at no cost to the City or to the ACDC except to the extent expressly provided in this Agreement, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Developer shall cause the timely installation of such improvements 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 must be approved by the City's engineer or his or her agent prior to approval of a final plat of any portion of the Phase II Development. Construction of such improvements shall not be initiated until a preconstruction conference has been held regarding the proposed construction and City has issued a written notice to proceed. 4.09 Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Designer's engineer, his officers, agents, servants or employees. 4.10. Insurance. (a) Developer shall or shall cause the construction contractors) that will perform the construction work related to the Phase II Infrastructure Improvements to acquire and maintain, during the period of time when any of the Phase II Infrastructure Improvements are under construction (and until the full and final completion of the Phase II Infrastructure Improvements 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 Phase I1 Infrastructure Improvements construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. (b) Coverage must be on a "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 Phase II Public Infrastructure construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 10 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 same, the City shall receive written notice of such cancellation, non -renewal or modification. 4.11. Developer Pays All Costs. In order to be eligible to receive any Project Funds under this Agreement, Developer shall pay, or cause third parties to pay its engineering, planning, accounting, architectural, legal fees and expenses, survey, testing, laboratory costs, license fees, development fees, land clearing and grading costs, advertising and other bidding costs, amounts due under construction contracts, costs of labor and material, inspection fees, impact fees, insurance premiums, bond premiums (if applicable), interest, carry cost, financing fees and all other fees, costs and expenses incurred in connection with the construction of the Phase II Infrastructure Improvements. 4.12 City Regulations Waiver of Rights Impact Fees. Developer acknowledges that Phase II Development must comply with all applicable City Regulations. Except to the extent this Agreement provides for stricter or more restrictive requirements than those in applicable City Regulations, the applicable City Regulations shall control. Developer acknowledges that the Project Funds to be paid to Developer in accordance with this Agreement are in lieu of any and all rights to any type of payment, credit, or reimbursement by the City for any of the Phase II Infrastructure Improvements, including but not limited to impact fees, and by entering into this Agreement, Developer expressly waives any and all of said rights to such payment, credit or reimbursement by the City notwithstanding City Regulations or any applicable law. 4.13 This section is left blank intentionally. 4.14 Additional Performance Requirements. Incident to the operations of the FED and/or other businesses that may locate in the Phase II Development, Developer: (a) must have caused, within 90 days of issuance of the Certificate of Occupancy by the City for the FED a minimum investment of $10,000,000.00 and at least 25 new jobs to be created within the City at the FED; provided, however, that in the event the Phase II Infrastructure and the FED have been completed in accordance with the terms of this Agreement but less than 25 new jobs have been created within the City at the FED (the "FED Employment Deficit") and after receiving notice of the FED Employment Deficit, Developer fails to provide evidence that the FED Employment Deficit has been cured, then the total amount to be paid by ACDC to Developer under this Agreement will be reduced by an amount equal to $40,000.00 per job included in the FED Employment Deficit. For the avoidance of doubt and for example purposes only, if PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 11 only 23 new jobs are created in accordance with the terms of this Section 4.14(a), then the FED Employment Deficit is 2 and the total amount to be paid by ACDC to Developer will be reduced by $80,000 (2 jobs failed to be created multiplied by $40,000), which amount will then be subtracted from the amount to be paid by ACDC to Developer under this Agreement; and any time after the fifth full year after the date of this Agreement, during the duration of this Agreement, less than 40 jobs have been created within the Phase II Development (the "Phase II Employment Deficit") and after the receiving notice of the Phase II Employment Deficit, Developer fails to provide evidence that the Phase II Employment Deficit has been cured, then the Developer must repay to the ACDC an amount equal to $25,000.00 per job included in the Phase II Employment Deficit (i.e., a maximum reimbursement of $1,000,000,00 (40 jobs * $25,000 = $1,000,000.00)). Section 5. Payment of Project Funds. 5.01 Payments to Developer. To assist with the Cost of Phase II Infrastructure Improvements, and in consideration for the other obligations undertaken by Developer in this Agreement, the ACDC will make biannual (2 times a year) payments to Developer during the term of this Agreement that when combined shall be up to a combined maximum not4o-exceed the lesser of $5,222,857 or the Cost of Phase II Infrastructure Improvements, subject to Section 5.05 of this Agreement, and subject to reduction as described in Section 4.14(a). Said payments will be funded solely from Project Funds. At the time that an annual payment is due, the full amount of Project Funds on deposit in said accounts shall be paid to Developer. The first payment shall be due on or before the expiration of 30 days after the anniversary of the ACDC's first actual receipt of Sales and Use Tax. Thereafter, payments of Project Funds are due and payable annually on or before the expiration of the same month during which said first payment was made. 5.02. Reallocation or Refund. If at any time the State Comptroller takes any action that results in a Reallocation or Refund of Sales and Use Tax, the Parties agree to reconcile the corresponding previous payments of Project Funds in the following manner: (a) If the result is an increase of Sales and Use Tax revenue to the ACDC, then 70% of such increase will be deemed to be Project Funds that are due and payable to Developer within 30 days of the ACDC's actual receipt of the revenue representing the increase. (b) If the result is a decrease of Sales and Use Tax revenue to the ACDC or if PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 12 the ACDC must refund any Sales and Use Tax, then 70% of such decrease or refund will be deemed to be an amount owed to the ACDC by Developer and such amount is due and payable within 30 days after the ACDC have provided written notice to Developer that the ACDC have incurred the decrease or made the refund; provided, however, the ACDC, at its sole option, may —instead of requesting payment from the Developer —subtract the amount of the decrease or refund from one or more future installments of Project Funds that would otherwise be due to be paid to Developer, and if the ACDC so opts, it shall provide written notice to Developer of its intent to do so. 5.03. Disputed Amounts. If the ACDC determines that there are disputed amounts with regard to any Project Funds, then the ACDC shall notify Developer in writing of the disputed amount. The ACDC will not be required to pay or accrue interest on such disputed amount while the dispute is being resolved unless such dispute is unreasonable or made in bad faith, in which case interest at the rate of six per cent per annum shall be due and payable as though the amount were undisputed, from the time that the payment would have been due had it not been disputed. 5.04. Payee Information. With respect to any and every payment due to be paid at any time by the ACDC to Developer under this Agreement, the name of Payee for such payment shall be "Q Seminole Anna Town Center, L.P." and the payment shall be sent or delivered to the following address: Q Seminole Anna Town Center, L.P. c/o Chief Partners, LP 8111 Westchester Drive, Suite 800 Dallas, Texas 75225 Developer may change the name and address of the Payee upon written notice to the ACDC provided at least 15 days in advance of the date that a payment is due. Said written notice must be duly executed by Developer and acknowledged before a Notary Public, 5.05. Revenue Sharing. Developer and the ACDC agree that this Agreement is a Revenue Sharing Agreement and that this Agreement should be so interpreted as concerns Texas Tax Code § 321.3022(b) as amended. The City shall request from the State Comptroller the annual information related to the amount of Sales and Use Tax actually collected and shall use commercially reasonable efforts to determine the amount of Sales and Use Tax actually collected from information that is provided by the State Comptroller. If the State Comptroller shall fail to provide the information pursuant to Texas Tax Code § 321.3022(b) as amended, the City shall use commercially reasonable efforts to determine the amount of Sales and Use Tax actually collected from information (1) provided by the State Comptroller pursuant to any Waivers of Sales Tax PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 13 Confidentiality provided by Retailers, (2) provided under any Reporting Contract; and/or (3) otherwise readily available to the City. Thereafter, without disclosing the amount of Sales and Use Tax collected from the Retailers, the City shall provide the ACDC with the calculated amount of the annual payment due to Developer. Notwithstanding any provision of this Agreement, the ACDC shall have no obligations to make any payment to Developer as to any time period if the City is not able to determine as to that time period the amount of Sales and Use Tax actually collected by one of the methods described above. Section 6. Buy Local Provision. 6.01. Developer agrees to use its commercially reasonable efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. 6.02. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Collin County. Section 7. Warranties. Developer warrants and represents to ACDC the following: 7.01. Developer is a limited partnership duly organized, validly existing, and in good standing under the laws of the State of Texas. Developer has all corporate power and authority to carry on its business as presently conducted in the State of Texas. 7.02. Developer has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. 7.03. Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges related to the Phase II Development, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 7.04. Developer has received a copy of the Texas Development Corporation Act, Subtitle C 1, Title 12, Texas Local Government Code, and acknowledges that the Project Funds must be utilized solely for purposes authorized under applicable law and by the terms of this Agreement. In this respect, Developer agrees that the sole purpose of the Project Funds is to reimburse certain costs of construction of the Infrastructure Improvements needed for Phase II Development as permitted under Section 50 1. 103 of the Texas Local Government Code. 7.05. The general partner and any individual executing this Agreement on PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1.1 behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. 7.06. In accordance with Chapter 2264 of the Texas Government Code, Developer certifies that neither it, nor a branch, division, or department of Developer, will ever knowingly employ an undocumented worker and that if, after receiving any public subsidies under this Agreement, Developer, or a branch, division, or department of Developer, is convicted of a violation under 8 U.S.C. §1324a(f), as amended or recodified, Developer shall repay the total amount of all public subsidies and/or incentives theretofore received under this Agreement with interest at two percent (2%) per annum not later than the 120th day after the date the ACDC notifies Developer in writing of the violation. 7.07. No litigation or governmental proceeding is pending or, to the knowledge of Developer and its general partner and officers, is threatened against or affecting Developer, or the Phase II Development, that may result in any material adverse change in Developer's business, properties or operation. 7.08. Developer shall not be in breach of any other contract by entering into and performing this Agreement. Developer shall amend or enter into any other contract that may be necessary for Developer to fully and timely perform its obligations under this Agreement. Section 8. Miscellaneous. 8.01. Compliance with Laws. Developer shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments related to the Project. 8.02. Non -Discrimination. Developer covenants and agrees that Developer will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services for the Project on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 8.03. Time Periods. Time is of the essence in the performance of this Agreement. 8.04. Force Majeure. If the ACDC or Developer are prevented, wholly or in part, from fulfilling their respective obligations under this Agreement, or if LJHS is prevented, wholly or in part, from timely completing construction of the FED, by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, war, riot, civil commotion, insurrection, inclement weather, floods, shortages of labor or materials, strikes, other events of force majeure, or by PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page li reason of circumstances beyond its control, then the obligations of the City, the ACDC or Developer are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 8.05. Assignment. Except as provided below, Developer may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City Council and the ACDC, which approval will not be unreasonably withheld or delayed. The ACDC agrees, however, that Developer may assign all or part of its rights and obligations under this Agreement to any entity affiliated with Developer by reason of controlling, being controlled by, or being under common control with Developer or to a third party lender advancing funds for the construction or operation of Phase II Infrastructure Improvements. The ACDC expressly consents to any assignment described in the preceding sentence, and agrees that no further consent of City Council or the ACDC to such an assignment will be required. Developer agrees to provide the ACDC with written notice of any such assignment. The foregoing notwithstanding, any assignment of Developer's rights under this Agreement shall not release Developer from its obligations hereunder. 8.06. INDEMNITY. DEVELOPER COVENANTS TO FULLY INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS THE ACDC, THE CITY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING WITHOUT .IMITATION DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND ASSOCIATED EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) 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 THAT RELATE IN ANY MANNER TO DEVELOPER'S PERFORMANCE OF THIS AGREEMENT OR TO THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE PHASE II INFRASTRUCTURE MPROVEMENTS AND ANY OTHER IMPROVEMENTS OR CONSTRUCTION RELATED TO PHASE II DEVELOPMENT, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGE TO PUBLIC PROPERTY, THE INDEMNITY PROVIDED FOR ABOVE SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF ACDC, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRING NEGLIGENCE OR FAULT OF ACDC AND DEVELOPER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 16 WAIVING ANY GOVERNMENTAL INEVIUNITY AVAILABLE TO ACDC UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW, DEVELOPER'S OBLIGATIONS UNDER THIS SECTION 8.06 SHALL SURVIVE THE TERM OF THIS AGREEMENT, 8.07. Events of Default by Developer. The following events constitute a default of this Agreement by Developer: (a) The ACDC or City reasonably and in good faith determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the ACDC or the City in connection with this Agreement was incorrect or misleading in any material respect when made. (b) Any attachment or other levy against the Phase II Development or any portion thereof with respect to a claim, excluding mechanic's and materialman's liens, remains unpaid, undischarged, or not dismissed for a period of 120 days. (c) Developer makes an assignment for the benefit of creditors. (d) Developer files a voluntary petition in bankruptcy or is adjudicated insolvent or bankrupt. (e) If taxes owed to the City by Developer become delinquent, and Developer fails to timely and properly follow the legal procedures for protest or contest. (f) Developer fails to timely, fully and completely comply with any one or more of the material requirements, obligations, duties, terms, conditions or warranties of this Agreement. 8.08. Notice of Default. Should the ACDC or City determine that Developer is in default according to the terms of this Agreement, the ACDC or City shall notify Developer in writing of the event of default, and a copy of said notice shall be simultaneously delivered to UHS, and provide 60 days from the date of the notice ("Cure Period") for Developer to cure the event of default; provided, however, in the event if such event of default is not able to be cured within such 60-day period, Developer shall be permitted additional time to effectuate such cure, provided, that in no event shall the Cure Period exceed 120 days from the date of notice from the City. Should the ACDC fail to timely, fully and completely comply with any one or more of its obligations under this Agreement, such failure shall be an act of default by the ACDC and the ACDC shall have sixty (60) days to cure and remove the Default after receipt of written notice to do so from Developer. PHASE II INCENTIVE AGREEMENT FOR NEW F,CONOMIC DEVELOPMENT P1ge 17 8.09. Estoppel. The ACDC shall, within 30 days of written request from Developer, provide to any interested parties an estoppel certificate or other document evidencing that this Agreement is in full force and effect, that no event of default by Developer exists hereunder (or, if appropriate, specifying the nature and duration of any existing event of default), the status of completion of any public infrastructure improvements for which economic incentives are being provided by the ACDC, and the payment of funds and/or any other obligations set forth in this Agreement. 8.10. Results of Uncured Default by Developer. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Developer, as determined by the ACDC Board, the Developer shall immediately repay all funds paid by the ACDC to them under this Agreement and shall pay the ACDC reasonable attorney fees and costs of court to collect amounts due to ACDC if not immediately repaid upon demand from the ACDC. Upon full payment by Developer of all sums due, the ACDC and Developer shall have no further obligations to one another under this Agreement. Neither the City, the ACDC, nor Developer may be held liable for any consequential damages. 8.11. No Waiver. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of this Agreement. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. Any waiver or indulgence of Developer's default may not be considered an estoppel against the ACDC. It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the ACDC to promptly avail itself of the rights and remedies that the ACDC may have, will not be considered a waiver on the part of the ACDC, but the ACDC may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 8.12. Limitation of Remedies. Developer specifically agrees that the ACDC shall only be liable to Developer for the actual amount of the Project Funds as finally adjusted under the terms of this Agreement to be conveyed to Developer, and shall not be liable to Developer for any actual or consequential damages, direct or indirect, interest, attorney fees or related expenses, or cost of court for any act of default by the ACDC under the terms of this Agreement. Payment by the ACDC is strictly limited to those Project Funds so allocated, budgeted, and actually received solely during the term of this Agreement. Payments to be made shall also require a written request from Developer to be accompanied by all necessary supporting documentation in accordance with this Agreement. PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 18 8.13. Notices. Any notice and/or statement required and permitted to be delivered under this Agreement shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, proper postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the Parties in writing. DEVELOPER: Q Seminole Anna Town Center, L.P. c/o Chief Partners, LP 8111 Westchester Drive, Suite 800 Dallas, Texas 75225 With a copy to: Munsch Hardt Kopf &Harr, P.C, 500 N. Akard Street, Suite 3800 Dallas, Texas 75201 Attn: David Coligado With a copy of Notice of Default to: UHS of Texoma, Inc. clo UHS of Delaware, Inc. 367 Gulph Road King of Prussia, PA 19406 Attn: Cheryl Ramagano ACDC: Anna DrnM�" �Vevelopment Corporation Attn: Chief Administrative Officer 111 N. Powell Pkwy, P.O. Box 776, Anna, Texas 75409-0776 A copy of all notices and correspondence sent to the ACDC must be sent to the City and the City Attorney at the following respective addresses: City of Anna Attn.: City Manager 111 N. Powell Pkwy, P.O. Box 776, Anna, Texas 7540M776 PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 19 Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 Notice is effective upon deposit in the United States mail in the manner provided above. 8.14. Incorporation of Other Documents. The Exhibits referenced in this Agreement and attached hereto are incorporated herein as if set forth in full for all purposes. Said Exhibits include the following: Exhibit A, Legal Description of the Phase II Development Exhibit B, Legal Description of the FED Property Exhibit C-1, FED Site Plan Exhibit C-2, FED Architectural Renderings Exhibit D. Cost of Phase II Infrastructure Improvements Exhibit E. Water System Improvements Exhibit F, Sanitary Sewer System Improvements Exhibit G. Road Improvements Exhibit H, Storm Water Improvements Exhibit I, Waiver of Sales Tax Confidentiality 8.15. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 8.16. Relationship of Parties. In performing this Agreement, both the ACDC and Developer will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. At no time shall the ACDC or the City have any control over or charge of Developer's design, construction or installation of any of the infrastructure or public improvements 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 ACDC and Developer. 8.17 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 8.18 Severability. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 20 under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the Parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 8.19. Venue. Venue for any legal action related to this Agreement is in Collin County, Texas, 8.20. Interpretation. The Parties have been represented by counsel of their choosing in the negotiation and preparation of this Agreement. 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. 8.21. Sole Agreement. This Agreement constitutes the sole agreement between the ACDC and Developer as relates to Phase II Development, with the exception of the Phase I Agreement as amended by this Agreement. Any other prior agreements, promises, negotiations, or representations related to Phase II Development, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 8.22. Third Partv Beneficiaries. Except and solely to the extent that this Agreement benefits the City, this Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 8.23. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. 8.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and the binding agreement of each Party to the terms herein, but all of which together will constitute one and the same instrument. 8.25 Recording. The Parties agree that neither this Agreement, nor any memorandum or short form of this Agreement, shall be recorded. PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT P1ge 21 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 22 EXECUTED BY THE PARTIES: Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership By: ANNA TC GP, LLC, its general partner By: H. Vanderstraaten, its Manager State of Texas County of Collin Before me, on this day personally appeared William H. Vanderstraaten, 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 Manager of Anna TC GP, LLC, general partner for Q Seminole Anna Town Center, L.P., for the purposes and consideration therein expressed. Given under my hand and seal of office this�5 day of l X 4-QVj ,) 2018. LAURA S RICKMAP NOTARY PU9LIC State of Texas Comm. Exp.10.27-20 ANNA COMMUNITY D development corporation By: ��, its Pr�dent Notary — State of Texas CORPORATION, a Texas Type B State of Texas County of Collin Before me, on this day personally appeared &at own to me to be the person whose name is subscribed to the foregoing i strument and acknowledged to me that he executed the same in his capacity as President of Anna Community Development Corporation for the purposes and consideration therein expressed. Given under my hand and seal of office this 9&L day of 2018. LAURETTA KAY BLACKET£R My Notary Ip # 129369379 Expires April 1, 2021 PHASE II INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 23 Exhibit A Legal Description of the Phase II Development BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, and the W.S. Ratton Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being a portion of a called 107.52-acre tract of land conveyed to Q Seminole Anna Town Center, L.P., as evidenced in Special Warranty Deed with Vendor s Lien recorded in Instrument No. 20080128000100640, Official Public Records of Collin County, Texas and all of a called 1.809-acre tract of land conveyed to the City of Anna, Texas, as evidenced in a Deed of Dedication of Land for Public Use, recorded in Instrument No. 20150623000757290, Official Public Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod with plastic cap stamped with "KHA" found for the northwest corner of Lot 1, Block A of Wal-Mart Anna Addition, an addition to the City of Anna according to the plat thereof recorded in Volume. 2017, Page 549 of the Plat Records of Collin County, Texas, same being on the easterly right of way line of U. S. Highway 75 as described in an Agreed Final Judgement to the State of Texas, Case No. 002-00750-2015, recorded in Instrument No. 20170406000440860, Real Property Records of Collin County, Texas; THENCE along the easterly right-of-way line of said U.S. Highway No. 75 as described in said Judgement, the following courses: North 07°36'56" East, a distance of 544.30 feet to a 5/8-inch iron rod found for corner; North 09°13'08" East, a distance of 600.56 feet to an aluminum TXDOT right-of-way monument found for corner; North 05°48136" East, a distance of 500.10 feet to an aluminum TXDOT right-of-way monument found for corner; North 07036'48" East, a distance of 1,262.58 feet to an aluminum TXDOT right-of-way monument found for the northeast corner of said 4.068-acre tract, same being on the northerly line of said 107.52-acre tract, same being on the southerly line of a called 38.15-acre tract of land conveyed to MJLA Adams, Ltd., as evidenced in Special Warranty Deed recorded in Instrument No. 20110505000462590 of the Official Public Records of Collin County, Texas, same being the southeast most corner of a tract of land described as Parcel 14, conveyed to the State of Texas, as evidenced in Deed recorded in Instrument No. 20150213000160620 of the Official Public Records of Collin County, Texas; THENCE North 89°18'53" East, departing the easterly right-of-way line of said U.S. Highway No. 75, along the northerly line of said 107.52-acre tract, and along the southerly line of said Parcel 14 and said 38.15-acre tract, a distance of 922.82 feet to a 3/8-inch iron rod found for the northerly northeast corner of said 107.52-acre tract, same being the southerly southeast corner of said 38.15 acre tract, on the westerly line of a called 51.195-acre tract of land conveyed to Two-J Partners, LLLP, as evidenced in Quitclaim Deed recorded in Instrument No. 20080509000562500 of the Official Public Records of Collin County, Texas; THENCE South 00°2848 West, along the easterly line of said 107.52-acre tract and along the westerly line of said 51.195-acre tract, a distance of 1549.17 feet to a wooden corner post found for an ell corner on the easterly line of said 107.52-acre tract, same being the southwest corner of said 51.195-acre tract; THENCE South 89°2045 East, along the no, easterly line of said 107.52-acre tract, and along the southerly line of said 51.195-acre tract, a distance of 165.07 feet to a 3/8-inch iron rod found for the easterly northeast corner of said 107.52-acre tract, same being the northwest corner of Lot 3, Block G of Creekside Phase 3, an addition to the City of Anna according to the Plat thereof recorded in Cabinet P, Page 623 of the Plat Records of Collin County, Texas; THENCE South 00°13'51" West, departing the southerly line of said 51.195-acre tract, along the easterly line of said 107.52-acre tract, and along the westerly line of said Lot 3, Block G, the westerly line of Lot 2, Block G of Creekside Phase 2 an addition to the City of Anna, according to the Plat thereof recorded in Cabinet P, Page 60 of the Plat Records of Collin County, Texas, a distance of 1248.17 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for a corner; THENCE North 89°46'13" West, departing the easterly line of said 107.52-acre tract, the westerly line of said Lot 2, Block G, crossing sai wd 107.52-acre tract, passing at a distance of 215.17 feet, a 5/8-inch iron rod with plastic cap stamped "KHA" found for the northeast corner of Throckmorton Boulevard, a 60' wide right of way as created in aforesaid Wal-Mart Anna Addition, continuing along the northerly terminus of said Throckmorton Boulevard and the northerly line of aforesaid Lot 1, Block A of WakMart Anna Addition, a total distance of 773.34 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" found for corner; THENCE South 00013147" West, continuing along the northerly line of said Lot 1, Block A, a distance of 86.00 feet to a 5/8-inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE North 89046'13" West, continuing along the northerly line of said Lot 1, Block A, a distance of 452.85 feet to a 5/8-inch iron rod with plastic cap stamped with "KHA" set for corner; THENCE South 00°13'47" West, continuing along the northerly line of said Lot 1, Block A, a distance of 13.00 feet to a 5/8-i11ch iron rod with plastic cap stamped with "KHA" set for corner; THENCE North 89046'13" West, continuing along the northerly line of said Lot 1, Block A, a distance of 229.49 feet to the POINT OF BEGINNING and containing 76.290 acres (3,323,171 square feet) of land, more or less. Exhibit B Legal Description of the FED Property BEING a tract of land situated in the William S. Rattan Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being a portion of a called 107.52-acre tract of land, conveyed to Seminole Anna Town Center, L.P., as evidenced in a Special Warranty Deed, recorded in Instrument No. 20080128000100640 of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an aluminum TXDOT right of way monument found on the northerly line of said 107.52-acre tract for the northeast corner of a called 4.068-acre tract of land, conveyed to the State of Texas, as evidenced in an Agreed Final Judgement, recorded in Instrument No. 20170406000440860 of the Official Public records of Collin County, Texas and the southeast corner of a called 1.790-acre tract of land, conveyed to the State of Texas, as evidenced in a deed, recorded in Instrument No. 20150213000160620 of the Official Public Records of Collin County, Texas, same being on the easterly right of way line of U. S. Highway 75, a variable width right of way; THENCE North 89°18'S3" East, departing the easterly right of way line of said U. S. Highway 75 and along the northerly line of said 107.52-acre tract, a distance of 862.81 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner, from which, a 3/8-inch iron rod found for the northeast corner of said 107.52-acre tract bears North 89018'53" East, 60.01 feet; THENCE South 00°28'48" West, departing the northerly line of said 107.52-acre tract and crossing said 107.52-acre tract, a distance of 648.50 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner; THENCE South 45033355" West, continuing across said 107.52-acre tract, a distance of 35.18 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for a corner on the no, line of an Electric and Access Easement to the City of Anna, Texas, recorded in Instrument No. 20150623000757300 of the Official Public Records of Collin County, Texas, from which, a 5/8- inch iron rod with a red plastic cap, stamped "KHA" found for the northeast corner of said Electric and Access Easement bears South 89020'59" East, 29.07 feet; THENCE in a westerly direction, continuing across said 107.52-acre tract and along the northerly lines of said Electric and Access Easement, the following: North 89020'59" West, a distance of 355.20 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for the point of curvature of a tangent curve to the left; Along the arc of said curve to the left, through a central angle of 37012'43", having a radius of 405.00 feet, a chord bearing of South 72°02'39" West, a chord distance of 258.44 feet and an arc length of 263.04 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for the point of reverse curvature of a curve to the right; Along the arc of said curve to the right, through a central angle of 44010'38", having a radius of 325.00 feet, a chord bearing of South 75°31'37" West, a chord distance of 244.43 feet and an arc length of 250.59 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" found for the point of tangency of said curve; North 82°2304 West, a distance of 100.47 feet to a 5JE inch iron rod with a red plastic cap, stamped "KHA" set for a corner on the easterly right of way line of aforesaid U. S. Highway 75; THENCE North 07°3648 East, along the easterly right of way line of said U. S. Highway 75, a distance of 793.19 feet to the POINT OF BEGINNING and containing 14.895 acres (648,821 square feet) of land, more or less. Exhibit C-I FED Site Plan [See Attached] Ji I I I I w LLaz FED AT ANNA APPROXIMATELY 13,000 SF CITY OF ANNA ELEVATED WATER TOWER SITE EXHIBIT "C" ii NORTH 150 75 0 150 GRAPHIC SCALE IN FEET Kimley»>Horni Exhibit U-2 FED Architectural RenderipSs [See Attached] •: VIEW 1 TOWARD ENTRY VIEW 2 EXHIBIT "C-2" Exhibit D Cost of Phase II Infrastructure Improvements Phase II Infastructure Costs staking $ 7,500 Earthwork $ 357,062 Utilities $ 21131,785 Paving $ 11398,482 Pavement Markings & Signage $ 21,738 Electrical $ 95,450 Decorative Median Nosings on Hackberry $ 25,000 General Conditions ($25,000 over 8 Months) $ 200,000 Insurance $ 19,852 Overhead & Profit $ 238,179 Total GC Costs $ 4/4951048 Testing $ 53,842 Engineering Design Contract $ 186,184 Engineering - Hourly Work $ 25,000 Geotechnical Report $ 7,000 Legal $ 50,000 Construction Management $ 50,000 Contingency 5.00% $ 243,354 Subtotal $ 5,11U,427 Bonding (2.0095 on 110°%) 2.00% $ 112,429 Total Project Costs $ 5 222 $57 Exhibit E Water System Improvements [See Attached] i t 12" WATER LINE A WATER LINE BY DEVELOPER 12" WATER LINE C WATER LINE BY DEVELOPER EX.12" WATER LINE 1 i r SUBJECT I PROPERTY �� I EXISTING 16" WATER HACKBERRY s `iHf}I H ROAD !Ef (A PROPOSED SO' RIGHT-OF-WAY) \ f1N$I"" WATER LINE , BY DEVELOPER ' y" innrn WtHlhlilkbinillllU (I �ji i'ji` _ �+f+fi;fia+ff� li+ai++f++�•' E: i i'ii = I tPil'1TIiIIIIjpTiiTL� �j ;i?? 11flfHfllil;�lffEif4� !IffMMTmff=7m,I i'jj �sffil;ffi �+;f;IfN#EEf;;lfff�;' '''tftH+lff}f;f;fME!- 'MIR" Gif+INfi+BIff+;Rr— >> II';'�l(47+�I;�l�i+Hf}t[` ', m i:';i lL'1ltlil IJliilif+tf ,iftf+ff I Z 4 '� E_' `�Tf1TfPTi�?iL ;i7rIIIIITiM111M 0 w 'r +kF,Lf+Hf;i;HH+fHI Y o C ' i;RIiF+fill flii+f+F}I fi O CL rjftilJjR((tTMIf7- ..J11(fl I '.. WATER LINE BY DEVELOPER 'liillJia --- r 17''�F'�,16 'JINTf�anlr"TiTIii1L-Iiiflfl111r II7V i;f8f+Nf;I;If;BfNfilfFf+[! I' Imr,Ji,''(�`�f}r'I;NiN+BrFff r ; iffC;;��' ,d � �•—, .; EXHIBIT "E" 12" WATER LINE B CITY OF ANNA ELEVATED WATER TOWER SITE 12" WATER LINE B NORTH 350 175 0 350 GRAPHIC SCALE IN FEET >>> Hor Exhibit F Sanitary Sewer System Improvements [See Attached] b a 0 x x „ „r , ( Ir r �r SUBJECT f j i+( PROPERTY I of ROAD TrM (A PROPOSED 80' i E rr' II� 1 RIGHT-OF-WAY) 8" its It ,r i tII i tirr SEWER LINE B i} { r' tftitiA+l{a1111111 fi H,�+f+RiTU Q t) MH1044[IN RDI it it it tIR I i�t �('� 2 J I 1 rt + I I HH�HRi1 L M 0 Q1 1 �1 Q i t tr lIIiOIFL, aHHIRI{HBfHINHr tylHHHIH+RR J Q oil _ l�{}Nii♦fl i7HH+RRHIH 1 , ' m 3 I LL t(l�y I !' arm alR" IRfMIHfH-fHf{1 z0 I lot it ti11 ❑ SH!+HH8+IIt+Rk1Wit o S i5�11TI it i1, 'lII i �ir,fr uuwuu� G1+HHMUM Yp � #w;0 l Cm TTI Llo UtU1i I II III it Q I ' " �� r ++IHH48HRRHfrH0 = y _� �,rrrrrrrr� ��uuuuwuuwuruww� I _ _ �, t �ri �`t`!'It ID nth IHH, , t� C � ui SANITARY fit_ SEWER LINE B j (t = .�+`,!I� tutru wry ,-wuuguuml ir' � r till ur ,� t + SSMH AND STUB its OUT (TYP.) Milk EXISTING 8" SANITARY SEWER do 11 l a i t ii i((i fitJ�i I IRTll7r$l) (� Q u rp, J 1 J1it It LEGEND 101 0 q EXISTING 8" SANITARY SEWER 8" SANITARY SEWER BY DEVELOPER EXISTING 15" SANITARY SEWER " 15SANITARY SEWER BY DEVELOPER EXHIBIT SANITARY SEWER 15" SANITARY SEWER LINE A EXISTING 15" SANITARY SEWER � Ifttil:i�i,,, c, ���l NORTH 400 200 0 400 GRAPHIC SCALE IN FEET Exhibit G Road Improvements [See Attached] 0 m wmaz z'�>3 _><oo I r 1 1 I f / If y IR f I" I i I If ;f SUBJECT HACKBERRY ROAD 80' RIGHT-OF-WAY I PROPERTY I 4' MEDIAN 5' SIDEWALKS I SEEINSET THIS SHEET +1,039 FT / it it ; I HACKBERRY ROAD I;; II II' to " iftof I ' (A PROPOSED THROCKMORTON BOULEVARD ' If it : II 1 80' RIGHT-OF-VVAi 60' RIGHT-OF-WAY ti I) II 5'SIDEWALKS i 1.' It If 'i':: It i "ii - N.T.S. ,r If a of of :1 ri It r1 11 „ II HACKBERRY ROAD A INSET if II -� \ za= ;j Q if BY DEVELOPER �- i I If n, ' iI j j II, � LL if If ^O if 1 I 11 I' = II , I ' . it ~ II IF Ifif FIIIIIIII.;�! I. I� L 'i jj I; If W h III III dI!itI 0 I,I ,I�� fl 1/1 it > r I� ¢ rr I > ¢ If C� >' If " 11 it II ;I I II I, li it it j1 r If Z O I I I 11 "11 t 1 4 O= If '1 II ir, I 'ii ❑ 1 y ' f 1 II I I Ili "; I ' to l I l O I, I ' I of O 1 If ,;I It Ifo 7'{t{jj 'I� rif Ii';ir r.If = Y O O �j rI is ' rj III j,I' ..1 1 .. - af a n'I Ir l II r If I 1 11 it of It ri it 'r it r iI �� ' II II t If.:11 / if I of It if b iif I tI U II I It fl I II 1 ;i Itj it I�I If jl 1 II' It It r ; THROCKMORTON BLVD. jl; j BY DEVELOPER I it II 11 it so q It it III _ i f l9 I ; II ;; u I II e t I, I ;JI II j, III I ;it y tr Iy II If pR iI �I ij fl II p Ir `jf I f It L 7 i I11 t III II Ifl l/jf tf i 1 '1 .I (_mil II 'I to I: Npt EXISTING BY DEVELOPER MEDIAN LANDSCAPE AND IRRIGATION PER CITY STANDARDS EXHIBIT "G" ROADWAY HACKBERRY ROAD BY DEVELOPER NORTH 350 175 0 350 GRAPHIC SCALE IN FEET Exhibit H Storm Water Improvements [See Attached] w 0 0 b m s 3 x m m� Q m n`d aCN %$za a9 m > m<a m9w ill 11/#1 18" RCP LEGEND SUBJECT PROPERTY 42" RCP STORM DRAIN LINE A 42" RCP /`HACKBERRY ROAD (A PROPOSED 80' i/ �' RIGHT-OF-WAY) / i, STORM DRAIN ' J ' c BY DEVELOPER J / Will ill { % (1T1TrtiT i i' 11IiiTf II InnllfNillLJ U��iTlTllliTiTiiT111 1!; 1�% HIM, ml H+�? �+++i1HifH++ �u1 IIII Ii I 1; J¢I i1 t}H1,frr+D (} HHHhifNi#fNMN� I m 3 ,' �llt 1llllLtl, t}HHHf HHH+HHfHH+) z R ❑ = CHH+HH�f t++H{HH Illlilillllllllliklllilllf; � b [ r l (VIEW _irrffrrlrlmrrmnr— r� 0 W JgLwllllllP (Jll l Mi , MIME! fY p 1 t HHH f $fH+ o l e _ 17rr777� umm�unlrnlllullllll!) ~ � (' .r' � lrmnrmnmum'{mrrr� +�ullunl�luwlr STORM DRAIN BY DEVELOPER tT/__` l', 1110 1111111 mzr���y 1101' 10t, J 7TTT7 finillli ;i�'!tt�Jt, ITrfiiTiTiT1TL. , — (IWINQHHHHHHHH , Kl �� �� EXISTING STORM DRAIN STORM DRAIN BY DEVELOPER EXISTING STORM DRAINLi EXHIBIT STORM DRAIN 54" RCP 66" RCP CI(1T+'TiT Irm.J STORM DRAIN LINE B 1-8'x6' R 'B RCBB' NORTH 1— _ EROSION I I CONTROL/ t� OUTFALL PROTECTION \ I BY DEVELOPER J 350 175 0 350 GRAPHIC SCALE IN FEET Exhibit I Waiver of Sales Tax Confidentiality and Authorization for Release name of company), a (type of company), holding Texas sales tax permit number hereby waives the right of sales tax information confidentiality as provided by Section 321.3022(f) of the Texas Tax Code and authorizes the Office of the Texas Comptroller of Public Accounts to provide any and all information, to the City Manager of the City of Anna, Texas related to sales and use taxes paid to the City and/or the City's development ACDC on behalf of attributable to its location(s) in the City of Anna, Texas. me of company) for sales name of company) has furnished this Waiver of Sales Tax Confidentiality and Authorization for Release in connection with sales tax incentive agreements entered into by the City of Anna's development ACDC that requires the submission of this information. This waiver shall be in effect until termination of said sales tax incentive agreements. EXECUTED on this day of sy: 20 . (name of company) (printed name and title) 4829-1701-5156, v. 1 Item No. 14. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action on a Resolution authorizing the City Manager to advertise for Bids for a 1906 A lco 201 steam locomotive. Provide brief discussion on funding. (Maurice S chwanke) S UM M ARY: T he acquisition and restoration of a historical locomotive will help bring to fruition a concept for Sherley Heritage Park where A nna's historical train depot is located. T he Parks B oard has developed a concept plan f or the park which is attached. T he P lan includes the D epot, a replica of the Collin Mc K inney House, a picnic pavilion, trails, memory benches (added at the request of Councilman Toten), a statue of C ollin Mc K inney, rail track, and a steam locomotive that is era sensitive. T he possibility of acquiring a locomotive of this caliber are rare if you can even find one. T his is possibly the only change the City has to accomplish this project. Work on the site has begun with the depot being reroof ed with scalloped trim (B y B loomfield Homes), the backstops, batting cage, dugouts, and concession stand being removed (Parks Department). T he next step in the remodel is the outside appearance. W indsor Homes will be providing the labor which will include weatherproofing, building the bump out, exterior cladding and trim. T his will occur in the next several weeks. Two other local builders have also been contacted concerning other work. T he addition of the steam L ocomotive is an integral part of the park and will provide a regional draw to A nna f or visitors, students, photo opts, and a local identity of why Anna is here. The locomotive that has been f ound is a 1906 A lco No. 201 that was one of three locomotives built to work on the P anama C anal. I t was originally, fired by coal but was converted to oil burning during W.W. 1. The locomotive has also been used in the movie industry. T he estimated cost f or the locomotive and tender is $348,360 refurbished, delivered, and setup. F unding f or this project will come f rom the P ark Trust F und which currently has a balance of $702,816.76. Conservative estimated F Y19 Revenues will be $483,300. Estimated F Y19 Expenses will be $505,800 including the locomotive and other park improvements that are part of the adopted FY19 Budget. Staff is prepared to review those items for the discussion. Est F Y19 E nding F und B alance - $680,316.76 T he development of S herley Heritage P ark addresses an adopted Strategic Goal of the City by Promoting a “park and play” atmosphere in the downtown district. As part of the Comprehensive P lan development process the P arks B oard has taken an in depth review of future parks needs, locations, and timing compared to developed local standards and NR PA stands. T he timing based on population and established standards have also been attached for your review. T his information has been incorporated into the development of the Comprehensive Plan. S TAF F RE C O M M E ND AT I O N: Staff recommends approval of the Resolution authorizing the C ity Manager to solicit bids for the purchase of a 1906 Alco Steam L ocomotive with tender. AT TAC HM E NT S : Description Upload Date Type Sherley Heritage P ark Concept P lan 1 11/8/2018 Backup Material 1906 Alco 201 11/8/2018 Backup Material Collin Mc K inney Statue 11/8/2018 Backup Material Depot roofing 1 11/8/2018 Backup Material Depot Completed Roof 11/8/2018 Backup Material City of A nna Parks and Recreation Needs F uture 11/8/2018 Backup Material Recreation F acilities by 2030 11/8/2018 Backup Material Geographic distribution of parks 11/8/2018 Backup Material Sherley Heritage P ark E levation 11/8/2018 Backup Material Resolution 11/8/2018 Resolution X X X X XXXXXXXXX X X XXX X X X X XXXXXXXXXXXXX TRAIN DEPOTCOLLIN MCKINNEY STATUECOLLIN MCKINNEY HOUSEMEMORY BENCHESPICNIC PAVILIONTRAILTRAILEXISTING HISTORIC WATER TOWERFOURTH STREETSHERLEY STREET NSWECITY OF ANNASHERLEY HERITAGE PARKNOVEMBER 201801020304050EXISTING 13 SPACESEXISTING 14 SPACES FIFTH STREET Ago kit Z,Ilk av' "t--� ^ �'^ 't a �r f�}-r•,r;.. 101 IV -C till I Fogg . i/ f — y. got I.T of I to. 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MASTON DR.HAVEN DR .SHARP STREETHURSTWOOD COURT CAMILE DRIVE COLLIN COUNTY OUTER LOOPASKEW CIR.WARNER DRIVELEONARD AVENUE EAST FORK CIRCLE 2222902892902882882108288272858272873744559711101281SEPHORA CT.WILD ROSE LANEWILD ROSE LANE GLENWOOD LANESHEFFIELD DRIVE BROOK LANE36336436541747312204724744724554755075094244774794784551215121754294802862511WILD ROSE LN.SAM RAYBURN MEMOR IA L H IGHWAYSAM RAYBURN MEMOR IA L H IGHWAY PECAN HOLLOW CIRCLECOL L IN COUN TY ADVEN TURE CAMP1220SISTER GROVE CREEKLA PALOMA DRIVEHIGHVIEW LANE2772844194194244294271106WILDWOOD TRAIL HURRICANE CREEK CIR. COTTO N W O O DC.R. 915C.R. 916CONWAYQUAIL C R E E K R U N T W I N C R E E K C I R C L E TWIN CREEK CIRCLE EASTON STREET FIRST ST.EIGHT STREETWHITE STREET (F.M. 455)SMITH STREET WORTHAM ST. EASTON STREET SIXTH STREETRIGGINS STREET SOUTHERN PACIFIC RAILROADSHERLEY AVENUE FOURTH STREETBUTLERASHLEY LANE THOUSAND OAKS DRIVE 41842336837637642742637237337337137075455455PIN OAK TRAILMANDARIN WAYHICKORY TRAILHAWTHORNE RD. SYCAMORE ST. OAK HOLLOW LANE POST OAK TRAIL ASH STREET CHERRY LN.ELM STREETCHESTNUT STREETWILLOW WAYCRESTWOOD DRIVEWESTGATE COURTWESTWOOD COURTBEN'S DRIVE HAZEL'S WAY WESTFIELD DRIVE PENTON LINNS DR.HILLTOP DRIVE STANLEY FALLS DRIVE N I A G A R A FA L L S D R I V E VICTORIA FALLS DRIVE RHYMERS GLEN DR.KAIE TEUR DRIVE TANUR CASCADE DRIVESTATE HIGHWAY NO. 5MEADOW RIDGE DRIVEMEADOW LARK LANESKYVIEW DRIVE MEADOW GLEN ROAD MEADOW VIEW LANEHILLTOP DRIVEHILLSIDE DRIVEWILEY FARMCREEKSIDE DRIVE CR E E K V I E W D R I V E CREEKVIEW DRIVE WYATT EARPBUFFALO BILL DOC HOLLIDAY BAT MASTERSON ANNIE OAKLEY BUTCH CASSIDY BAMBOO DRIVEWILLOW CRE E K ALDER DRIVESEQUOIA DRIVEDOGWOOD DRIVE MIMOSA DRIVE MAHOGANY DRIVEACACIA DRIVEPOST OAK TRAIL LIVE OAK DRIVEWHITE OAK ROADBLACK OAK COURTRED OAK TRAILWATER OAK WAY RED PINE RD. NIAGRA FALLS DRIVE STANLEY FALLS DRIVE ATHABASCA FALLS DRIVEHANAKOA FALLS DRIVEHELMOKEN DRIVE FALLSWALNUT WAYBLACK MAPLE D R I V E BLAC K W I L L O W T R A I L WHITE PINE TRAILBIRCH WOOD ROADSABLE WOOD DRIVECEDAR WOOD TRAILPLANTATION DRIVE O'HARACHARLESTON DRIVEMELANIE DRIVE RHETT ROADMARGARET LANE MITCHELL LANE SCARLET VIEWMAGNOLIA ST.BONNIE CT.BELLE WILKES CT.EIGHT STREETSEVENTH STREETRIGGINS STREET INTERURBAN STREET LOCKHURST DR. ACKLINGTON DR.GRANGEWOOD DR.DURHAM DR.AINSWORTH DR.HONEYWELL DR.BIRDBROOK DR. MELBOURNE DR. POWELL PARKWAY (S.H. 5)COUNTY RD. 371OLIVIA LN.ASHLEY LANE MEADOW DRIVEBRYANT FARM ROADSPRUCE STREETCYPRESS WAYCEDAR TRAILPINE KNOLL WAYMAPLE WOOD TR. OAK CIRCLE TENNYSON STREETORIOLE DRIVEMILL STREETPERKINS CTGRANDVIEW AVENUE LAMONT ROADNASH CTPHILLIPS STREET RANCHVIEW DRIVE VERNON STREETBELFORD STREET SOUTHBELFORD STREET NORTHCARLYLE STREETURBAN WAYCROSSING DRIVECROSSING DRIVEWHITE STREET (F.M. 455)ACACIA DRIVEPARKVIEW DR.JONES CIR.NORMAN CIR.HURRICANE CREEK LN.CENTRAL E X P R E S S W A Y ( U . S . 7 5 )TAYLOR BLVDFERGUSON PARKWAY WHITE STREET (F.M. 455)EDWARDS STREETPOWELL PARKWAY (S.H. 5)75THIRD STREETPOWELL PARKWAY (S.H. 5) JAMES DRIVE HARPER DR. AMORET CIRCLEAVIS CIRCLEHACKBERRY LANE2862RIGGINS STREET POWELL PARKWAY (S. H . 5 )SEVENTH STREETFIFTH STREETLUSCOMBE LANEBURL LANECAROL LANELESLIE LANEPECAN GROVE DRIVE FLOWER LN.PECAN GROVE DRIVEEAST FOSTER CROSSING ROADEAST FOSTER CROSSING ROADWEST FOSTER CROSSING ROADWEST FOSTER CROSSING ROADWHITE STREET (F.M. 455)INTERURBAN STREET SECOND STREETSABLE WOOD DRIVEMULBERRY DRIVEREDBUD DRIVESWEET GUM DRIVESWEET GUM DR.MES Q U I T E L A N E BELFORD STREET STRATFORD ST.SALISBURY DR. DRAYTON DRIVE PAGODA DRIVE BONSAI DRIVE WEST CROSSING BOULEVARD HACKBERRY LN.ROCHDALE DR.LANGFORD CT.FULBOURNE DR.HONEYWELL DR.ANDREWS CT.CHATSWORTH DRIVEKELVINGTON DRIVECALDER CT.OLIVE LANEPERSIMMON DRIVEEASTBROOK DRIVE BAMBOROUGH DRIVE 422ROSAMOND PARKWAYFARM TO MARKET HIGHWAY NUMBER 2862ANTHONY DR.FERN STREET4253695POWELL PARKWAY (S.H. 5)ROSAMOND PARKWAYCHALK ROADWHITE ROCK INDIAN CREEKGROVECIR .ELM GROVERODEO DRIVEWEST CHALK ROADBOULEVARD POWELL PA R K W A Y ( S . H . 5 ) O A K R O S E W A Y MAPLE Q U A I LROSE WAYBOULEVARDWEST CROSSING WEST CROSSING COLLIN COUNTY OUTER LOOPCOLLIN COUNTYADVENTURE CAMP2862SANDALWOOD LANE CHERRY HILL DRIVE ROCKRIDGE TR.SHERWOOD DRIVE BRIDGEPORT DR.BEAR CREEK DR.CANDLEWOODDR.HACKBERRY LN.C.R. 1036RABBIT RUNROAD RUNNERRED FOX WASTE WATERTREATMENTFACILITYCITY LIMITS LINE286423FOXTAIL DRBANKHURST DR FULBOURNE DRKINGSTON CTNORWOOD DR 2862290HACKBERRY DRIVECRESCENT VIEW DR.CROSSVINE DR.COPPER SWITCH DR.RYEDALE LN.FERGUSON PARKWAYAVERY POINTE DR.TIMBERFALLS DR.CEDAR CANYON DR.DEERFIELD DR.75SHARP ST.NU E H O F F D R I V E NUEHOFF CIR.BROOKLYN DRIVEEVELYN CIR.FINLEY5ELM GROVEELIZABETH ST.RENDYN ST.CLARK ST. CAROLINE ST.MAE ST.CURT ST .LAMONT RD ,DUSTIN TRAILDUMAS DRIVEELAM DRIVEFOSTER LN .RYAN ST .AARON ST .KYLE ST.COLLIN ST . MCKINNEY STREETGRANDVIEW AVENUEWHITE STREET (F.M. 455)CITY OF ANNA1,200'2,400'3,600'01,200'014 mi.12 mi1 mi14 mi.SINGLE FAMILY ESTATE LOTS PARKSSINGLE FAMILY FLOOD HAZARDMEDIUM DENSITY RESIDENTIAL WALKING/JOGGING TRAILHIGH DENSITY RESIDENTIAL EQUESTRIAN TRAILMIXED USE TRACT MINOR COLLECTOR STREET (80' RIGHT-0F-WAY)COMMERCIAL MAJOR COLLECTOR STREET (120' RIGHT-OF-WAY)EMPLOYMENT CENTER DISTRICT MAJOR HIGHWAYPUBLIC/SEMI-PUBLIC DOWN TOWN PLANLEGENDFIGURE xxFUTURE LAND USE MAP"A COMPREHENSIVE PLAN SHALL NOTCONSTITUTE ZONING REGULATIONS ORESTABLISH ZONING DISTRICT BOUNDARIES"NSEWSeptember 24, 2018CITY L IM ITSCITY LIMITSCITY L IM ITSCITY LIMITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITSCITY L IM ITS CITY L IM ITS CITY L IM ITSCITY LIMITSCITY L IM ITS CITY LIMITS CITY LIMITS a 201 1A L 41 Wig rp ppa ( • CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO SOLICIT BIDS FOR A 1906 ALCO LOCOMOTIVE WITH TENDER FOR SHERLEY HERITAGE PARK WHEREAS, the FY 2019 budget includes funds for the acquisition of a 1906 Alco steam Locomotive that has been refurbished; and WHEREAS, there is $348,360 is available in the Parks Trust Fund; and WHEREAS, the City’s purchasing policies state that no bid process on purchases more than $50,000 shall begin until approved by the City Council and the City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Bidding Process. The City Council hereby authorizes the City Manager to solicit bids for a 1906 refurbished Alco Locomotive and Tender. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of November 2018. ATTEST: APPROVED: Carrie L. Smith, City Secretary Nate Pike, Mayor Item No. 15. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the purpose of amending the City's Roadway Capital I mprovements Plan, L and Use A ssumptions and I mpact Fees. (J oseph J ohnson) S UM M ARY: I mpact fees are authorized under C hapter 395 of the Texas L ocal Government Code and may be imposed upon new developments to fund both existing and proposed infrastructure that is necessary to provide service to a development. The City's roadway impact fee was last updated in 2014. B y statute the City is required to review the L and Use A ssumptions and Capital I mprovement Plan (C I P ) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Over the past several months staff has worked with our engineering consultant to identify new projects that should be added to our C I P. S ubsequently, land use assumptions, population projections and calculated maximum f ees were evaluated with new recommendations for the population projections, and calculated maximum fees. On September 10, 2018 the updated R oadway I mpact Fee R eport was presented to the I mpact F ee Advisory C ommittee. I n order to move forward with updating the C I P, L and Use Assumptions and I mpact F ees, the Texas L ocal Government C ode, Chapter 395 requires that the City Council set a date and time to hold a public hearing. The report is hereby submitted to the City Council and is now available for public review. S TAF F RE C O M M E ND AT I O N: Staff recommends approval of the attached R esolution setting a Public Hearing for J anuary 8, 2019 at 7:00 P M f or the purpose of receiving public comment on proposed amendments to the City's Roadway Capital I mprovements Plan, L and Use A ssumptions and I mpact Fees. AT TAC HM E NT S : Description Upload Date Type Resolution 11/6/2018 Resolution Roadway I mpact F ee Report 11/6/2018 Exhibit RESOLUTION: Set Public Hearing – Roadway Impact Fee Update PAGE 1 OF 1 11/13/18 CITY OF ANNA, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEX AS , SETTING A DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY’S CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND ROADWAY IMPACT FEES. WHEREAS, Chapter 395 of the Local Government Code has outlined the procedure for updating impact fees periodically; and, WHEREAS, it is desirable to update the impact fees assessed by the City of Anna; and WHEREAS, an engineering study has been completed on the existing and proposed road infrastructure to meet the needs of the City for future development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT A PUBLIC HEARING SHALL BE HELD TO APPROVE AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND IMPACT FEES, AS PROVIDED BY CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE, AS FOLLOWS: Section 1. The public hearing will be held at 7:00 pm at 111 N. Powell Parkway, Anna, TX 75409 on January 8, 2019. Section 2. Any member of the public has the right to appear at the public hearing and present evidence for or against the plan and proposed fees. Section 3. A public notice shall be posted for the public hearing meeting all the requirements of Ch apter 395 of the Texas Local Government Code for the amendment of impact fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary Carrie L. Smith Mayor Nate Pike ROADWAY IMPACT FEE UPDATE 2018 - 2028 Prepared For: THE CITY OF manna BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS - TBPE Firm No. 526 DALLAS, TEXAS September 2018 w V041 f r* *..i � GARY C. HENQRICKS � 1tt``� j:\clerical\anna\2018-137 roadway impact fee\reports\03-index.docx - i - CITY OF ANNA 2018-2028 ROADWAY IMPACT FEE UPDATE TABLE OF CONTENTS Page No. I. INTRODUCTION ....................................................................................................................... 1 II. LAND USE ASSUMPTIONS (Provided by City of Anna) ....................................................... 1 · Table No. 1 – Summary of Land Use Data .................................................................................. 1 III. ROADWAY SERVICE AREAS .................................................................................................. 2 IV. CAPITAL IMPROVEMENT PLAN ............................................................................................ 2 · Figure No. 1 – Capital Improvement Plan Project Map .......................................................... 4 · Table No. 2 – Capital Improvement Plan Project List ............................................................ 4 V. IMPACT FEE CALCULATION .................................................................................................. 6 · Table No. 3 – Service Unit Calculation by Land Use Type .................................................... 7 · Table No. 4a – Vehicle Mile Calculation by Land Use and Service Area .............................. 8 · Table No. 4b – Summary of Vehicle Miles by Service Area and Development Period ......... 8 · Table No. 5 – Summary of Capital Improvement Cost by Service Area ................................ 9 · Table No. 6 – Land Use Equivalency ..................................................................................... 9 · Table No. 7 – Impact Fee Calculation by Service Area ........................................................ 10 VI. SUMMARY OF IMPACT FEE CALCULATION METHODOLOGY ..................................... 10 · Maximum Impact Fee Calculation for Service Area 1.......................................................... 11 · Maximum Impact Fee Calculation for Service Area 2.......................................................... 11 VII. IMPACT FEE CALCULATION EXAMPLES ........................................................................ 11 · Table No. 8 – Common Roadway Land Use Equivalencies ................................................ 12 · Service Area 1 and Service Area 2 Example Impact Fee Calculation .................................. 13 j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 1 of 13- Roadway Impact Fee Update 2018-2028 CITY OF ANNA THOROUGHFARE CAPITAL IMPROVEMENT PLAN ROADWAY IMPACT FEES I. INTRODUCTION Chapter 395 of the Texas Local Government Code allows for the financing of capital improvements by municipalities through the implementation of impact fees. The land use assumptions and capital improvement plans utilized to develop the roadway impact fees must be reviewed and updated every five (5) years. The update of the impact fees is performed following these basic steps: 1. Development of land use assumptions to identify types and intensities of land use within the City. 2. Development of a Capital Improvement Plan to include improvements planned for the next 10-year period to accommodate growth in the City. 3. Development of the calculated and the maximum impact fee. II. LAND USE ASSUMPTIONS One of the initial steps in developing roadway impact fees includes the identification of data related to the planned land uses for land within the City of Anna city limits. The land use data provided by the City of Anna included projected growth by land use type and the locations they are expected to occur over the next 10 years (2018-2028) and at build-out. A summary of the land use data provided for the land within the city limits of Anna is provided in Table 1. Table 1- Summary of Land Use Data Unit Service Area Service Area 1 Service Area 2 Total Service Area 1 Service Area 2 Total Service Area 1 Service Area 2 Total Service Area 1 Service Area 2 Total 2018 3,667 1,347 5,014 23 15 38 85 25 110 25 10 35 2028 6,164 3,200 9,364 45 65 110 140 40 180 115 45 160 Ultimate 15,938 7,638 23,576 84 125 209 550 250 800 250 130 380 Notes: 1)Utlimate Residential and Non-Residential Development Capacity is limited to Build-Out in the current 2018 City Limits 2) 20% Land Use Residential Non- Residential Uses Industrial Retail Office Dwelling Units Acres Acres Acres of non-residential area is assumed developable for the Vehicle-Mile Calculation j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 2 of 13- Roadway Impact Fee Update 2018-2028 III. ROADWAY IMPACT FEE SERVICE AREAS For the purpose of roadway impact fees, the roadway service area is limited to the now current City Limits. Additionally, the roadway service areas can not extend in any direction more than 6-miles. The City’s’ original roadway impact fee calculation and report identified and defined two (2) roadway services. These service areas are generally divided by State Highway 5 (Powell Parkway) and are shown in Figure 1. IV. CAPITAL IMPROVEMENT PLAN After the land use assumptions within the City have been identified, and with the help of the City's Thoroughfare Plan, a 10-year Capital Improvement Plan (CIP) is developed. This capital improvement plan includes projects intended for construction by the City of Anna in the next 10 years to serve both existing and future development. In order to be funded by roadway impact fees, a roadway project must be included in the 10-year CIP. Existing Facilities The City of Anna major roadway and collector street system is partially developed at this time. Several roadways in developed areas are partially built to current thoroughfare plan standards. Many existing streets are two-lane (20' - 40' width) asphalt roadways with open surface drainage. Many of the proposed roadway segments on the thoroughfare plan do not currently exist. The existing major roadways within the City include US Highway 75 (US 75), State Highway 5 (SH 5)/Powell Street, FM 455/White Street, and SH 121. Existing major collectors include segments of Rosamond Parkway and Ferguson Parkway. The major roadways identified above (US 75, SH 5, FM 455, and SH 121) are under the operation and maintenance jurisdiction of the Texas Department of Transportation (TxDOT). Proposed Facilities The City of Anna adopted a Comprehensive Plan in 2010, including a thoroughfare plan that is the basis for development of the future street system. The thoroughfare system is a conventional network conforming to a hierarchical, functional classification system developed to support the forecast traffic demands of future land use. The highest classification of roadway is the Major Roadway type facility. These roadways are generally multiple lanes (4 or 6) with medians that serve the function of controlling access, separating opposing traffic movements and providing an area for the storage of left turning vehicles. The lower classifications are the collector facilities that are developed to serve the adjoining developments. The character of the developments served should determine the sizes and alignments of collector roadways. j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 3 of 13- Roadway Impact Fee Update 2018-2028 Capital Improvement Plan for Roadway Impact Fees The thoroughfare facilities determined for inclusion in the Capital Improvement Plan of this study are tabulated in Table 2 and graphically illustrated in Figure 1. Each listed project includes a description of the planned improvements, the approximate project length, and an engineer's opinion of probable cost to the City. In addition, under existing State Statute, a municipalities' cost associated with TxDOT facilities can be financed with impact fees. All roadways included in the 2018 CIP are identified in the City of Anna Thoroughfare Plan. j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 4 of 13- Roadway Impact Fee Update 2018-2028 Figure 1 j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 5 of 13- Roadway Impact Fee Update 2018-2028 Project # Road Name From ToSegment Length (ft)Planned ConfigurationExisting Condition Notes Capital Cost Debt Service (1)Total Project CostService 1-1 Rosamond Western City Limit US 75 2250 6 Lane Divided 1000' of gravel road US 75 Overpass by TxDOT $2,925,000 1,769,191$ $4,694,1911-2 FM 455 Western City Limit US 75 14400 6 Lane Divided2 lane unimproved, 4700' new alignment$18,720,000 11,322,825$ $30,042,8251-3 FM 368/286 Rosamond FM 455/White 6650 6 Lane Divided 2350' of gravel road$8,645,000 5,228,943$ $13,873,9431-4 FM 368/286 FM 455/White Southern City Limit 1250 6 Lane Divided 2 lane unimproved$1,625,000 982,884$ $2,607,8841-5 FM 368/286 Northen City Limit Southern City Limit2050 6 Lane Divided 800' of 2 lane unimproved$2,665,000 1,611,930$ $4,276,9301-6 Taylor Western City Limit US 75 2100 4 Lane Divided Gravel road$2,310,000 1,397,208$ $3,707,2081-7 US 75 FM 455/White Southern City Limit 9750 Urban Freeway 4 Lane Divided with 2-way frontage roads ROW/Utilities $1,000,000 604,852$ $1,604,8521-8 Rosamond US 75 Powell/SH 5 10500 4 Lane Divided 4800' of 2 lane improved, rail bridge not existingBridge over railroad, split with Zone 2$11,550,000 6,986,038$ $18,536,0381-9 Hackberry US 75 Ferguson 2673 4 Lane Divided Not existing Excludes 1,800 LF not annexed $2,940,300 1,778,446$ $4,718,7461-10 Hackberry Ferguson Powell/SH 5 5250 4 Lane Divided2100' of 4 lane divided, 800' of 2 lane improved, 1000' of 2 lane unimproved$5,775,000 3,493,019$ $9,268,0191-11 "Street C" Rosamond FM 455/White 6450 4 Lane Divided 1050' of gravel road$7,095,000 4,291,423$ $11,386,4231-12 Ferguson Rosamond FM 455/White 7400 6 Lane Divided Not existing$9,620,000 5,818,674$ $15,438,6741-13Bridge over Dart Railroad & SH 51000 4-lane divided Not existing 1/2 of Project in Service Area 2 $3,750,000 2,268,194$ $6,018,1941-14 Taylor US 75 Ferguson 5723 4 Lane Divided 4000' of 2 lane unimproved$6,295,300 3,807,723$ $10,103,0231-15 Taylor Ferguson Powell/SH 5 8844 4 Lane Divided Not existing$9,728,400 5,884,240$ $15,612,6401-16 W. Foster Crossing Ferguson City Limit 600 6 Lane Divided Not existing$780,000 471,784$ $1,251,7841-17 W. Foster Crossing Southern City Limit Powell/SH 5 3750 6 Lane Divided 1500' of 2 lane unimproved$4,875,000 2,948,652$ $7,823,6521-18 Ferguson FM 455/White City Limit 3650 6 Lane Divided 1780' 2 lane improved, rest 2 lane unimproved with 4-lane bridge at Slayter Cr $7,245,000 4,382,151$ $11,627,1511-19 Ferguson City Limit City Limit 2350 6 Lane Divided Not existing$3,055,000 1,847,822$ $4,902,8221-20 E-W Collector FM 368/286 US 75 3200 Minor CollectorNon existing$2,400,000 1,451,644$ $3,851,6441-TSNumber of Proposed Traffic Signals in Service Area 1:8 Each$2,400,000 1,451,644$ $3,851,644Roadway Service Area 1 Subtotal:$115,399,000 69,799,286$ $185,198,286Service Area 22-1 FM 376/427 Powell/SH 5 Eastern City Limit 3550 6 Lane Divided 950' 2 lane improved, 1650' 2 lane unimproved$4,615,000 2,791,391$ $7,406,3912-2 Rosamond Powell/SH 5 City Limit 850 6 Lane Divided 2 lane improved, rail bridge not existingBridge over railroad, split with Service Area 1$1,105,000 668,361$ $1,773,3612-3 Hackberry Powell/SH 5 FM 2862 1150 6 Lane Divided 650' of 2 lane unimproved$1,495,000 904,253$ $2,399,2532-4 FM 425/422 City Limit Rosamond 1700 6 Lane Divided 2 lane unimproved$2,210,000 1,336,722$ $3,546,7222-5 FM 425/422 Rosamond Houston 1700 6 Lane Divided 2 lane unimproved$2,210,000 1,336,722$ $3,546,7222-6Bridge over Dart Railroad & SH 54-lane divided1/2 of Project in Service Area 1 $3,750,000 2,268,194$ $6,018,1942-7 Hackberry FM 2862 City Limit 2000 6 Lane Divided Not existing$2,600,000 1,572,615$ $4,172,6152-8 FM 425/422 Houston Southern City Limit 600 6 Lane Divided Not existing$780,000 471,784$ $1,251,7842-9 FM 425/422 Northern City Limit Houston 600 6 Lane Divided Not existing$780,000 471,784$ $1,251,7842-10 Taylor Powell/SH 5 Eastern City Limit 8500 4 Lane Divided Not existing$9,350,000 5,655,364$ $15,005,3642-11 Highland Rd. Powell/SH 5 Eastern City Limit 6450 6 Lane Divided 5000' of gravel road$8,385,000 5,071,682$ $13,456,6822-12 FM 425/422 FM 455/White Collin Co. Outer Loop 10735 6 Lane Divided 2650' of gravel road$13,955,500 8,441,009$ $22,396,5092-TS Number of Proposed Traffic Signals in Service Area 2: 6 Each$1,800,000 1,088,733$ $2,888,733Roadway Service Area 2 Subtotal:$53,035,500 32,078,615$ $85,114,115Grand Total (Roadway Service Area 1 + Service Area 2)$168,434,500 $101,877,901 $270,312,401Notes:(1)Debt Service Cost calculated with a 20 year term at a 5% annual interest rateTABLE 22018 -2028 Roadway Impact Fee UpdateCapital Improvements by Roadway Impact Service Area j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 6 of 13- Roadway Impact Fee Update 2018-2028 The engineer's opinions of probable construction cost were prepared without the benefit of a detailed preliminary engineering study for each project. The project costs are based on data provided by the City of Anna and on roadway project construction bids. Costs of these projects included only those costs that will be paid for by the City of Anna. Financing costs for the projects in the CIP were also included in the total estimated cost and the interest rate of 5% was provided by the City of Anna. V.- IMPACT FEE CALCULATION After the land use assumptions and CIP have been finalized, this information is used to determination the maximum fee per service unit (impact fee) that can be charged by the City for new developments. The fee is calculated by dividing the costs of the capital improvements identified as necessary to serve growth forecast to occur during the 10-year planning period (CIP) by the number of service units of growth forecast to occur (using the land use assumptions). The specific steps, as described in following paragraphs of this section include: 1. Determination of a standard service unit; 2. Identification of service areas for the City; 3. Analysis of the total capacity, level of current usage, and commitment for usage of capacity of existing improvements; 4. Identification of that portion of the total capital improvements necessary to serve the projected growth over the next 10-year period; 5. Determination of the "standard service unit" and equivalency tables establishing the ratio of a service unit to the types of land use forecast for growth; 6. Calculating the resulting eligible costs per service unit (impact fee) for new developments in each service area. Service Unit To determine the impact fee rate applied to thoroughfare facilities the standard service unit selected was "PM Peak Hour Vehicle-Miles." This service unit can be obtained by multiplying the number of trips generated by a specific land use type during the PM peak hour (vehicles) by the average trip length (miles) for that land use. The PM peak hour was chosen because it is usually considered the critical time for roadway analyses. The trip generation data were directly obtained or derived for each defined land use type from "Trip Generation Manual, 9th Edition" of the Institute of Transportation Engineers, which is the standard data reference to determine vehicle trip generation characteristics of particular land use types and densities. Trip length information for each land use specified was based on data developed for the Dallas-Fort Worth area by the North Central j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 7 of 13- Roadway Impact Fee Update 2018-2028 Texas Council of Governments (NCTCOG). The trip length was set at a maximum of three (3) miles for any land use, as this trip length was assumed to be the maximum average distance a trip would travel on roadways within each service area in the City of Anna. Table 3 shows the typical service units for each land use type used in developing the roadway impact fees. Table 3 - Service Unit Calculation by Land Use Type Service Areas The State Statute governing the imposition of development impact fees require that collection and expenditure of fees imposed for street facilities "...is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six miles." To comply with this State Law, two service areas (Service Area 1 and Service Area 2) were established for the City of Anna to ensure that funds are spent within six miles of where they are collected. The two service areas were shown in Figure 1, with SH 5/Powell Avenue serving as the breakpoint between the two service areas. The service areas include most of the developable land within the existing city limits of Anna. Analysis of 10-Year and Ultimate Growth The land use assumption data provided by the City of Anna was converted to the standard service unit (vehicle-miles) by applying the trip generation and trip length data provided in Table 3. These results were used to provide an estimate of the existing service units (vehicle-miles) within each service area, as well as to forecast the growth in service units for both the next 10-year period (2018- 2028) and the ultimate development of the City of Anna. Table 4a shows the vehicle-mile calculation for each category of land use. Table 4b shows the portion of ultimate build-out service units that will be attributable to growth within the next 10 years. PM Peak Trips (vehicles) (1) Trip Length (miles) (2) PM Peak Hour Vehicle-Miles Residential 1 3.00 3.00 Industrial 1,000 Sq. Ft. 0.97 3.00 2.91 Commercial / Retail 1,000 Sq. Ft. 3.71 2.40 8.90 Office 1,000 Sq. Ft. 1.49 3.00 4.47 (1) Based on ITE Trip Generation Manual, 9th Edition (2) Based on NCTCOG data Variable Dwelling Unit j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 8 of 13- Roadway Impact Fee Update 2018-2028 Table 4a Vehicle-Mile Calculation By Land Use and Service Area Table 4b-Summary of Vehicle-Miles by Service Area and Development Period Capital Improvements Costs Necessary to Serve 10-Year Growth The total costs for implementing the roadway CIP were identified previously in Table 2. The street facility improvements identified in the CIP will logically serve all existing and future growth by improved safety and drainage characteristics. Therefore, the 10-year eligible costs have been proportioned as the ratio of the 10-year growth to the total number of service units determined for FAR PM Peak Unit Vehicle Miles Total Vehicle Miles Total Vehicle Miles Total Vehicle Miles Residential N/A 3.00 per 3,667 Dwellings 11,001 6,164 Dwellings 18,492 15,938 Dwellings 47,813 Industrial 20% 2.91 per 1,000 Sq. Ft 23 Acres 583 45 Acres 1,141 84 Acres 2,130 Commercial 20% 8.90 per 1,000 Sq. Ft 85 Acres 6,591 140 Acres 10,855 550 Acres 42,645 Office 20% 4.47 pre 1,000 Sq. Ft 25 Acres 974 115 Acres 4,478 250 Acres 9,736 Total 19,149 34,966 102,323 Residential N/A 3.00 per 1,347 Dwellings 4,041 3,200 Dwellings 9,600 7,638 Dwellings 22,915 Industrial 20% 2.91 per 1,000 Sq. Ft 15 Acres 380 65 Acres 1,648 125 Acres 3,169 Commercial 20% 8.90 per 1,000 Sq. Ft 25 Acres 1,938 40 Acres 3,101 250 Acres 19,384 Office 20% 4.47 pre 1,000 Sq. Ft 10 Acres 389 45 Acres 1,752 130 Acres 5,063 Total 6,748 16,101 50,531 Units Units 2018 Vehical Mile Variables Land UseService Area 2 Dwelling Unit Unit Variable Dwelling Unit 1 2028 Units Ultimate Vehicle - Miles 2018 Portion of Ultimate Vehicle - Miles 2028 Total Vehicle Miles Vehicle - Miles Added 2018 - 2028 Portion of Ultimate Vehicle - Miles Ultimate Vehicle - Miles Vehicle - Miles Added 2028 - Ultimate 1 19,149 18.71% 34,966 15,817 15.46% 102,323 67,357 2 6,748 13.35% 16,101 9,353 18.51% 50,531 34,430 Total 25,897 16.94%51,067 25,170 152,854 101,787 Note:20% Year 2028 - Ultimate of non-residential area is assumed developable for the Vehicle-Mile Calculation Service Area Existing Year 2018- 2028 j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 9 of 13- Roadway Impact Fee Update 2018-2028 build-out, as provided in Table 4. Table 5 presents a summary of the roadway capital improvement costs for the two service areas. Table 5 - Summary of Capital Improvement Cost by Service Area In order to maintain the equity of impact fee assessment, the cost for streets included in the 10-year Capital Improvement Plan will include the total cost of the street facilities, not reduced by any expected participation. Rather, construction by a developer of an arterial facility within or off-site should be treated as a credit to the impact fee assessment. Determination of Standard Service Unit Equivalency Table 6 presents the derivation of service unit equivalents for each of the four defined land use types. The service unit equivalents are referenced to and based on the residential land use. Table 6 -Land Use Equivalency Land Use Veh-Miles/ Development Unit (1) SU Equivalency (2) Residential 3.00 1.00 Office 1,000 per Sq. Ft.4.47 1.49 Commercial / Retail 1,000 per Sq. Ft.8.90 2.97 Industrial 1,000 per Sq. Ft.2.91 0.97 Notes: 1) 2) Ratio of non-residential use to service unit of Residential Development Unit Dwelling Unit Based on ITE Trip Generation Manual, 9th Edition and NCTCOG Service Area Service Area CIP Portion of Capacity of Thoroughfare Attributed to Growth (2018-2028) Cost of Thoroughfare Attributed to Growth (2018- 2028) 1 $185,198,286 15.46% $28,627,660 2 $85,114,115 18.51% $15,754,221 Totals $270,312,401 $44,381,881 j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 10 of 13- Roadway Impact Fee Update 2018-2028 Cost Per Service Unit (Impact Fee) Calculation Table 7 presents a summary of the calculations and resulting capital improvement costs attributable to growth per service unit, which represents the maximum calculated impact fee. This fee is calculated by taking the cost of the CIP attributable to growth in the next 10 years (Table 5) and dividing it by the estimated growth, or the number of new service units (Table 4), in the next 10 years. Table 7 - Impact Fee Calculation by Service Area Under current State law, municipalities are required to administer a detailed financial analysis to support the use of an impact fee higher than 50 percent of the eligible costs. As an alternative to performing the financial analysis, the impact fee can be set at or below 50 percent of the total eligible costs, which are shown in Table 7. The City has chosen to use 50 percent of these calculated impact fee. VI. SUMMARY OF IMPACT FEE CALCULATION METHODOLOGY The methodology for calculating the maximum allowable impact fee for roadway facilities can be summarized in the following three steps and is summarized for both Service Areas 1 and 2 on the following pages. First, the cost of the roadway facilities (existing roadways eligible for recuperation of construction cost and proposed roadways) that can be attributed to new growth over the 10-year period is determined. Roadway Service Area Cost of Thoroughfare Attributed to Growth (2018-2028) Number of New Service Units (2018-2028) Cost Per Service Unit Cost Per Service Unit (Rounded) 1 $28,627,660 15,817 $1,809.93 $1,810 2 $15,754,221 9,353 $1,684.40 $1,684 j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 11 of 13- Roadway Impact Fee Update 2018-2028 Maximum Impact Fee Calculation for Service Area 1 The second step is to determine the calculated impact fee. The maximum calculated impact fee is the ratio of the total cost for roadway facilities attributable to growth in the next ten years (2018-2028) divided by the total growth in equivalent service units (ESU). Finally, the maximum impact fee is determined by multiplying the calculated fee by 50%. Maximum Impact Fee Calculation for Service Area 2 = $185,198,286 = $28,627,660Roadway Facilities Attributable to Growth (2018- 2028) Cost of Roadway Facilities (Table 2 - Service Area 1) Proportion of Capacity Attributable to New Growth (Table 4 - Service Area 1)x 15.46% = = $28,627,660.29 15,817 = $1,809.93 Use: $1,810 Maximum Roadway Impact Fee Allowed: $1,810 x 50% = $905.00 Total Growth in Equivalent Service Units (Table 4) Calcualted Roadway Impact Fee Eligible Thoroughfare Cost Attributed Growth (Table 5) Service Area 1 = $85,114,115 Roadway Facilities Attributable to Growth (2018 - 2028) = $15,754,221 Cost of Roadway Facilities (Table 2 - Service Area 2) Proportion of Capacity Attributable to New Growth (Table 4 - Service Area 2)x 18.51% = = $15,754,220.59 9,353 = $1,684.40 Use: $1,684 Maximum Roadway Impact Fee Allowed: $1,684 x 50% = $842.00 Total Growth in Equivalent Service Units (Table 4) Calculated Roadway Impact Fee Eligible Thoroughfare Cost Attributed Growth (Table 5) Service Area 2 j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 12 of 13- Roadway Impact Fee Update 2018-2028 VII. IMPACT FEE CALCULATION EXAMPLE A land use equivalency table is provided in Table 8 and represents an expansion of the basic land uses used for calculating the impact fee. This table identifies the total service units generated by specific uses within each land use category and includes land uses which may develop over the next 10-year period. To obtain the impact fee to be charged for a particular land use, the impact fee per service unit adopted by the City and the service units per development unit generated for that particular land use from Table 8 are used. Examples for calculating the impact fee for both a single family dwelling unit and a 50,000 ft2 shopping center (commercial / retail facility) assuming maximum allowable impact fees of $905.00 per service unit (Service Area 1) and $842.00 per service unit (Service Area 2) are shown on page 12 Table 8 – Common Roadway Land Use Equivalencies 1 GFA = Gross Floor Area 2 (Vehicles); Based on ITE Trip Generation, 9th Edition (Miles); Based on NCTCOG Data Percentage of traffic already passing by site - land use is an intermediate destination (Vehicle-Miles) * The land uses and trip generation characteristics listed in this chart are intended as examples. The complete table of land uses and trip generation characteristics is contained in the Institute of Transportation Engineers "Trip Generation, Ninth Edition," which is incorporated herein by reference. CATEGORY 1.16 7.35 2.91 0.32 0.22 6.93 21.89 3.36 1.80 13.47 0 0.9 0 SERVICE UNITS(5) 3.00 1.86 4.47 0.48 0 0.43 0.34 0 2.1 PASS-BY TRAFFIC(4) 0 0 0 0.66 0.47 3.0 3.0 2.1 2.7 0.4 1.7 3.0 3.0 2.4 TRIP LENGTH(3) 3.0 3.0 3.0 0.97 0.15 0.81 0.55 24.30 2.33 0.60 9.85 3.71 1.00 0.62 1.49 50.92 1,000 ft GFA 1,000 ft GFA Students Students 1,000 ft GFA ITE TRIP RATE(2) 1,000 ft GFA 1,000 ft GFA 1,000 ft GFA 1,000 ft GFA Rooms 1,000 ft GFA OFFICE RESIDENTIAL DEVELOPMENT UNITS(1) Dwelling Unit Dwelling Unit Industrial School Day Care Center House of Worship INSTITUTIONAL INDUSTRIAL Office Building Convenience Stores/Gas Pumps Drive-in Bank Home Improvement Store Hotel Restaurant COMMERICAL Single- Family Detached Shopping Center LAND USE Apartment j:\clerical\anna\2018-137 Roadway impact fee\reports\03-report Page 13 of 13- Roadway Impact Fee Update 2018-2028 Service Area 1 - Example Impact Fee Calculations Service Area 2 - Example Impact Fee Calculations =3.00 Service Units Maximum Calculated Roadway Impact Fee = $8,371.5 / Service Unit: (3.00) Vehicle-Miles) x ($8,371.50/ Vehicle-Miles)905.00$ x 3 Service Units = 2,715.00$ 367.5 Maximum Calculated Roadway Impact Fee = 905.00$ 368 Service Units = SERVICE AREA 1 per service unit x 332,587.50$ 50,000 Sq.Ft SHOPPING CENTER (Service Area 1) SINGLE-FAMILY DWELLING (Service Area 1) (50,000 Sq. Ft) x (7.35 Vehicle-Miles/ 1,000 Sq.Ft.) = Vehicle-miles per Development Unit for Shopping Center Service Units per service unit Vehicle-Miles per Single- Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit) SERVICE AREA 2 =3.00 Service Units Maximum Calculated Roadway Impact Fee = $8,371.5 / Service Unit: (3.00) Vehicle-Miles) x ($8,371.50/ Vehicle-Miles)842.00$ x 3 Service Units = 2,526.00$ 367.5 Maximum Calculated Roadway Impact Fee = 842.00$ 368 Service Units =per service unit x 309,435.00$ SINGLE-FAMILY DWELLING (Service Area 2) Vehicle-Miles per Single- Family Dwelling Unit (1 Dwelling Unit) x (3.00 Vehicle-Miles/Dwelling Unit) per service unit 50,000 Sq.Ft SHOPPING CENTER (Service Area 2) Vehicle-miles per Development Unit for Shopping Center (50,000 Sq. Ft) x (7.35 Vehicle-Miles/ 1,000 Sq.Ft.) = Service Units 2018-2028 ROADWAY IMPACT FEE UPDATE BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS - TBPE Firm No. 526 11910 Greenville Ave., Suite 600, Dallas, Texas 75243 Phone (214) 361-7900 September 2018 L Item No. 16. City Council A genda S taff Report Meeting Date: 11/13/2018 AG E ND A IT E M : Consider/Discuss/Action regarding a Resolution setting a P ublic Hearing for the purpose of amending the City's Water & Wastewater Capital I mprovements P lan, L and Use Assumptions and I mpact Fees. (J oseph J ohnson) S UM M ARY: I mpact fees are authorized under C hapter 395 of the Texas L ocal Government Code and may be imposed upon new developments to fund both existing and proposed infrastructure that is necessary to provide service to a development. T he City's water and wastewater impact fee was last updated in 2017. By statute the C ity is required to review the L and Use Assumptions and Capital I mprovement Plan (C I P ) at least once every 5 years but may update them sooner as growth patterns, land use and infrastructure needs change. Over the past several months staff has worked with our engineering consultant to identify new projects that should be added to our C I P. S ubsequently, land use assumptions, population projections and calculated maximum f ees were evaluated with new recommendations for the population projections, and calculated maximum fees. On September 10, 2018 the updated Water & Wastewater I mpact F ee Report was presented to the I mpact F ee Advisory Committee. I n order to move forward with updating the C I P, L and Use Assumptions and I mpact F ees, the Texas L ocal Government Code, Chapter 395 requires that the City C ouncil set a date and time to hold a public hearing. T he report is hereby submitted to the City Council and is now available for public review. S TAF F RE C O M M E ND AT I O N: Staff recommends approval of the attached R esolution setting a Public Hearing for J anuary 8, 2019 at 7:00 P M f or the purpose of receiving public comment on proposed amendments to the City's Water & Wastewater C apital I mprovements P lan, L and Use A ssumptions and I mpact F ees. AT TAC HM E NT S : Description Upload Date Type Resolution 11/6/2018 Resolution Water & Wastewater I mpact Fee Report 11/6/2018 Exhibit RESOLUTION: Set Public Hearing – Water & Wastewater Impact Fee Update PAGE 1 OF 1 11/13/18 CITY OF ANNA, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEX AS , SETTING A DATE FOR A PUBLIC HEARING FOR THE PURPOSES OF AMENDING THE CITY’S CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND WATER & WASTEWATER IMPACT FEES. WHEREAS, Chapter 395 of the Local Government Code has outlined the procedure for updating impact fees periodically; and, WHEREAS, it is desirable to update the impact fees assessed by the City of Anna; and WHEREAS, an engineering study has been completed on the existing and proposed water and wastewater infrastructure to meet the needs of the City for future development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT A PUBLIC HEARING SHALL BE HELD TO APPROVE AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS AND IMPACT FEES, AS PROVIDED BY CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE, AS FOLLOWS: Section 1. The public hearing will be held at 7:00 pm at 111 N. Powell Parkway, Anna, TX 75409 on January 8, 2019. Section 2. Any member of the public has the right to appear at the public hearing and present evidence for or against the plan and proposed fees. Section 3. A public notice shall be posted for the public hearing meetin g all the requirements of Chapter 395 of the Texas Local Government Code for the amendment of impact fees. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of November 2018. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary Carrie L. Smith Mayor Nate Pike WATER AND WASTEWATER IMPACT FEE UPDATE 2018 - 2028 Prepared For THE CITY OF 1111EI Prepared By BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS — TBPE Firm No. 526 I DALLAS, TEXAS r = September 2018 i *� GARY C. HENDRICKS 65226 S T `r 1061 ei ��l�tL�► �`r Zola j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\03-index.docx - i - CITY OF ANNA WATER AND WASTEWATER 2018-2028 IMPACT FEE UPDATE TABLE OF CONTENTS Page No. I. INTRODUCTION ....................................................................................................................... 1 · Table No. 1 – Historic Water and Wastewater Impact Fees II. LAND USE ASSUMPTIONS (Provided by City of Anna) ....................................................... 3 · Table No. 2 – 2018 -2028 Population Projections III. DEFINITION OF A SERVICE UNIT – WATER AND WASTEWATER ............................... 3 · Table No. 3 – LUE for Various Types & Sizes of Water Meter IV. CALCULATION OF WATER & WASTEWATER – LIVING UNIT EQUIVALENTS ............ 4 · Table No. 4 – 2018-2028 Water Living Unit Equivalents by Meter Size · Table No. 5 – 2018-2028 Wastewater Living Unit Equivalents by Meter Size V. WATER DISTRIBUTION SYSTEM ......................................................................................... 6 A. Existing Facilities ................................................................................................................. 6 B. Water Distribution System Capital Improvement Projects .................................................. 6 · Figure No. 1 – Water Distribution System: Existing Facility Recovery · Figure No. 2 – Water Distribution System: Capital Improvement Plan · Table No. 6 – 10-Year Capital Improvement Plan C. Utilized Capacity ................................................................................................................ 11 · Table No. 7 – Summary of Eligible Capital Cost & Utilized Capacity Cost · Table No. 8 – Existing Facility Recovery – Water Lines & Water Facilities · Table No. 9 – Proposed Capital Improvement Plan - Water Lines · Table No. 10 – Proposed Capital Improvement Plan - Water Distribution Facilities j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\03-index.docx - ii - Page No. VI. WASTEWATER COLLECTION SYSTEM A. General ............................................................................................................................... 16 B. Existing Wastewater System .............................................................................................. 16 C. Proposed Wastewater Capital Improvement Plan .............................................................. 17 · Figure No. 3 – Wastewater Collection System: Existing Facility Recovery · Figure No. 4 – Wastewater Collection System: Capital Improvement Plan · Table No. 10 – 10-Year Capital Improvement Plan D. Utilized Capacity ................................................................................................................ 20 · Table No. 11 – Summary of Eligible Capital Cost & Utilized Capacity Cost · Table No. 12 – Existing Facility Recovery – Wastewater Lines & Facilities · Table No. 13 – Proposed Capital Improvement Plan - Wastewater Lines · Table No. 14 – Proposed Capital Improvement Plan - Wastewater Facilities VII. CALCULATION OF MAXIMUM IMPACT FEES – WATER AND WASTEWATER SYSTEM ............................................................................. 26 · Table No. 15 – Allowable Maximum Fee Per LUE and Per Meter Size & Type Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 1 of 27 CITY OF ANNA 2018-2028 WATER AND WASTEWATER IMPACT FEE UPDATE I. INTRODUCTION The City of Anna retained the services of Birkhoff, Hendricks and Carter, L.L.P for the purpose of updating the impact fees for the water distribution system and the wastewater collection system. These impact fees are required for funding the construction of specific capital improvement projects to serve new development. The Table 1 below shows previous maximum impact fees calculated and the impact fees imposed by the City: Table 1 Historic Water and Wastewater Impact Fees Calculated Maximum Fee Fees Imposed Calculated Maximum Fee Fees Imposed Calculated Maximum Fee Fees Imposed Calculated Maximum Fee Water $2,712.50 $2,000 $4,674.00 $2,000 $3,984.89 $3,200 $4,510.14 Wastewater $2,643.50 $2,000 $4,610.00 $2,000 $3,999.05 $3,200 $4,078.50 Fees Imposed TBD 2018 TBD 201720082014 Since the 2014 and 2017 updates of the Impact Fee, the City of Anna has expanded its water and sewer service. The Water Distribution System Master Plan and Wastewater Collection Master Plan were refined in 2017 by Birkhoff, Hendricks & Carter, L.L.P., and are consistent with the City’s Comprehensive Plan. In accordance with the requirements of Chapter 395.052 of the Local Government Code, this impact fee update report reflects the City of Anna’s Land Use Assumptions, Water Capital Improvement Plan and Wastewater Capital Improvement Plan. Chapter 395, of the Local Government Code is an act that provides guidelines for financing capital improvements required for new development in municipalities, counties, and certain other local governments. Based on the most current Master Plan documents for the Water Distribution and Wastewater Collection Systems; 10-year Capital Improvement Plans were developed to reflect projected infrastructure needs. The City’s Future Land Use Plan was unchanged from the Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 2 of 27 previous evaluation, and population growth assumption, provided by the City Planning Department, was the basis for the maximum impact fees calculated. The Act allows the maximum impact fee to be charged if revenues from future ad valorem taxes, and water and sewer bills are included as a credit in the analysis. If not, the Act allows the maximum fee to be set at 50% of the calculated maximum fee. Calculations herein provide for the 50% reduction. The following items were included in the impact fee calculation: A. The cost of the new infrastructure that is to be paid by the City, including engineering, property acquisition and construction cost. B. Existing excess capacity in lines and facilities that will serve future growth and which were paid for in whole or part by the City. C. Engineering and quality control fees for construction projects. D. Interest and other finance charges on bonds issued by the City to cover its portion of the cost. E. Planning Cost. The engineering analysis portion of the Water and Wastewater Impact Fee evaluation determines utilized capacity cost of the major water distribution and wastewater collection facilities between the year 2018 and the year 2028. Facilities in this analysis include, water pump stations, water storage tanks, water disinfection systems, water transmission lines, water distribution lines, wastewater lift stations, wastewater collection lines, the Slayter Creek wastewater treatment plant and the regional water and wastewater systems. The study period is a ten-year period with 2018 as the base year. Impact fee calculations for the water and wastewater systems account for a portion, or entirety, of costs of new projects required to serve new developments as well as a portion of the cost of existing infrastructure that is to be utilized to serve new developments. Growth and usage rates are standardized in calculations by applying living unit equivalency factors, which in this analysis conform to the latest American Water Works Association Standards (C700 - C703). Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 3 of 27 II. LAND USE ASSUMPTIONS (BY THE CITY OF ANNA) The City of Anna Planning Department prepared the Land Use Assumptions used for the 2018 impact fee update, and they were not modified since the past evaluation. A revised 10-year population growth projection was provided by the City for this update as shown in Table 2 Table 2 2018-2028 Population Projections. 2018 2028 Buildout Population 13,240 26,045 250,000 % of Buildout 5.3% 10.4% 100.0% 2018 to 2028 Population Growth:96.7% Note: Population Projections provided by the City of Anna Planning Department III. DEFINITION OF A SERVICE UNIT – WATER AND WASTEWATER Chapter 395 of the Local Government Code requires that impact fees be based on a defined service unit. A “service unit” means a standardized measure of consumption, use generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards. This update defines a water and wastewater service unit to be a 3/4-inch water meter and has referred to this service unit as a Single Family Living Unit Equivalent (SFLUE). The SFLUE is based on the continuous duty capacity of a 3/4-inch water meter. This is the typical meter used for a single family detached dwelling, and therefore is considered to be equivalent to one “living unit”. Other meter sizes can be compared to the 3/4-inch meter through a ratio of water flows as published by the American Water Works Association as shown in Table No. 3 below. This same ratio is then used to determine the proportional water and wastewater impact fee amount for each water meter size. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 4 of 27 TABLE NO. 3 LIVING UNIT EQUIVALENCIES FOR VARIOUS TYPES AND SIZES OF WATER METERS Meter Type Meter Size Continuous Duty Maximum Rate (gpm) (a) Ratio to ¾” Meter Simple ¾” 15 1.0 Simple 1” 25 1.7 Simple 1½” 50 3.3 Simple 2” 80 5.3 Compound 2” 80 5.3 Turbine 2” 100 6.7 Compound 3” 160 10.7 Turbine 3” 240 16.0 Compound 4” 250 16.7 Turbine 4” 420 28.0 Compound 6” 500 33.3 Turbine 6” 920 61.3 Compound 8” 800 53.3 Turbine 8” 1,600 106.7 Compound 10” 2,300 153.3 Turbine 10” 2,500 166.7 Turbine 12” 3,300 220.0 (a) Source: AWWA Standard C700 (1995) - C703 (1996) IV. CALCULATION OF WATER & WASTEWATER - LIVING UNIT EQUIVALENTS The City of Anna provided the existing water meter count by size category as of July 2018. In total, there were 5,032 water meters serving the existing population of 13,240 residents and businesses. Table No. 4 shows the number of existing water meters and Single Family Living Unit Equivalents (SFLUE) conversions. The table also shows the projected meter counts and SFLUEs for 2028 which were based on the population growth assumption. Similarly, the City provided meter counts by size of the 4,428 water service accounts that also utilize the wastewater collection system. Table No. 5 illustrates the existing wastewater account and SFLUE’s. Using the growth rate provided by the City, water meters and wastewater accounts were extrapolated to the year 2028. The City’s Planning Department projects the population of the City of Anna to nearly double over the next ten years; anticipating a residential population of 26,045 in 2028. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 5 of 27 Living unit equivalents were then applied to the water meters and wastewater accounts for 2018 and 2028 resulting in a total number of living units for the beginning and end of this fee period. The difference in the total number of 2018 and 2028 SFLUE’s results in the new living unit equivalents during the impact fee period. TABLE NO. 4 2018 – 2028 WATER LIVING UNIT EQUIVALENTS BY METER SIZE New Meter Size Number of Water Meters Living Unit Equivalent Ratio for 3/4" Used(a) Total Number of Living Units Number of Water Meters Living Unit Equivalent Ratio for 3/4" Used(a) Total Number of Living Units Living Units During Impact Fee Period ¾”4,868 1.0 4,868 9,576 1.0 9,576 4,708 1”69 1.7 115 136 1.7 226 111 1½”11 3.3 37 22 3.3 72 35 2”56 6.7 373 110 6.7 734 361 3”23 16.0 368 25 16.0 400 32 4”4 28.0 112 4 28.0 112 0 6"1 61.3 61 1 61.3 61 0 Totals 5,032 5,934 9,874 11,182 5,248 2018 2028 (a) Source: AWWA Standard C700 (1995) - C703 (1996) TABLE NO. 5 2018 – 2028 WASTEWATER LIVING UNIT EQUIVALENTS BY WATER METER SIZE New Meter Size Number of Water Meters Living Unit Equivalent Ratio for 3/4" (a) Total Number of Living Units Number of Water Meters Living Unit Equivalent Ratio for 3/4" Used(a) Total Number of Living Units Living Units During Impact Fee Period ¾”4,284 1.0 4,284 8,427 1.0 8,427 4,143 1”61 1.7 101 119 1.7 199 98 1½”10 3.3 32 19 3.3 63 31 2”49 6.7 329 97 6.7 646 318 3”20 16.0 324 25 16.0 400 76 4”4 28.0 99 4 28.0 112 13 6"1 61.3 54 1 61.3 61 7 Totals 4,428 5,222 8,692 9,909 4,687 2018 2028 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 6 of 27 V. WATER DISTRIBUTION SYSTEM This update includes additional capital improvement plan (CIP) projects that will tentatively serve new developments, and modifies previous CIP projects that have since been constructed. The proposed CIP projects are shown schematically in Figure No. 2, and are summarized in Table No. 6. Existing facilities, applicable for reimbursement under Chapter 395 of the Local Government Code are shown in Figure No. 1. Eligible facilities include major distribution lines, pump stations, treatment facilities, ground and elevated storage reservoirs as well as regional systems participation. Utilized capacities were based on ten-year growth system demands. A. Existing Facilities As of 2018, the City of Anna has participated financially in the construction of the facilities shown on Figure No. 1, the Existing Facility Recovery Map. These distribution lines and facilities have capacity to serve new developments, and the portion of capacity expected to be absorbed by the new developments has been included, as a percentage of the total 20-year project cost, in the value of the maximum impact fee calculation. Actual capital costs, including construction, engineering and easements of the various elements of the existing water distribution system, were utilized where the information was known. The existing costs of facilities were determined from records provided by the City of Anna. Where actual costs were not known, an average cost in 2018 dollars was calculated. B. Water Distribution System Capital Improvement Projects In order to meet the demands of the anticipated growth over the next 10-years to 2028, certain water distribution system improvements are required. Figure No. 2 shows the recommended system improvements and Table No. 6 itemizes each project and the project cost. These recommended improvements, along with certain existing facilities, form the basis for the Water System Impact Fee Calculation. Costs for CIP projects were estimated using average unit costs from projects which have been bid recently, plus an estimated cost for engineering and easements, and were amortized to include the additional cost of issuing 20-year bonds at 5% annual interest rate. Projects determined to involve developer financing were estimated with a lesser unit value. In these Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 7 of 27 cases, the developer will be responsible for the cost of the first 8-inches and the City will be responsible for the additional cost associated to construct the larger-diameter line to the size shown on the CIP exhibit. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 8 of 27 FIGURE 1 WATER DISTRIBUTION SYSTEM : EXISTING FACILITY RECOVERY Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 9 of 27 FIGURE 2 WATER DISTRIBUTION SYSTEM : CAPITAL IMPROVEMENT PLAN Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 10 of 27 TABLE NO. 6 10-YEAR WATER DISTRIBUTION SYSTEM CAPITAL IMPROVEMENT PLAN Water Lines Project Size Developer Participation Total Capital Cost (1) Debt Service (2) Total Project Cost Water Line #1 12" $2,344,650 $1,418,166 $3,762,816 Water Line #2 12" X $1,403,400 $848,849 $2,252,249 Water Line #3 12" X $421,700 $255,066 $676,766 Water Line #4 12" X $632,750 $382,720 $1,015,470 Water Line #5 12" $1,618,950 $979,225 $2,598,175 Water Line #6 24" $1,880,800 $1,137,605 $3,018,405 Water Line #7 12" X $422,950 $255,822 $678,772 Water Line #8 12" X $82,100 $49,658 $131,758 Water Line #9 12" X $694,900 $420,311 $1,115,211 Water Line #10 12" X $172,950 $104,609 $277,559 Water Line #12 12" X $60,100 $36,352 $96,452 Water Line #13 12" X $807,650 $488,509 $1,296,159 Water Line #14 8",12",16" $2,149,100 $1,299,887 $3,448,987 Water Line #15 12",16" $2,105,080 $1,273,261 $3,378,341 Water Line #17 12" X $165,700 $100,224 $265,924 Water Line #19 12" X $255,000 $154,237 $409,237 Water Line #20 12" $2,623,200 $1,586,647 $4,209,847 Water Line #21 12" X $1,017,500 $615,437 $1,632,937 Water Line #22 12" $996,000 $602,432 $1,598,432 Water Line #23 12" X $1,403,150 $848,698 $2,251,848 Water Line #24 24" $1,282,800 $775,904 $2,058,704 Water Line #25 12" X $633,800 $383,355 $1,017,155 Water Line #26 16" X $117,950 $71,342 $189,292 Water Line #27 18" X $1,776,330 $1,074,416 $2,850,746 Water Line #28 18" $1,424,685 $861,723 $2,286,408 Water Line #29 18" $1,718,465 $1,039,417 $2,757,882 Water Line #30 12" X $162,450 $98,258 $260,708 Water Line #31 18" $1,146,260 $693,317 $1,839,577 Water Line #32 12" $895,350 $541,554 $1,436,904 Water Line #33 12" $226,500 $136,999 $363,499 Water Line #34 12" X $65,200 $39,436 $104,636 Water Line #35 12" $585,000 $353,838 $938,838 Water Line #36 12" X $380,100 $229,904 $610,004 Water Line #37 12" X $217,400 $131,495 $348,895 Water Line #38 12" X $228,250 $138,057 $366,307 Water Line #39 16" X $192,990 $116,730 $309,720 Water Line #40 16" $690,030 $417,366 $1,107,396 Water Line #41 12" $154,950 $93,722 $248,672 Water Line #42 16" X $407,120 $246,247 $653,367 Water Line #43 18" X $482,460 $291,817 $774,277 Subtotal: Water Lines $34,045,720 $20,592,613 $54,638,333 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 11 of 27 Utilized Capacity The portion of City-funded project costs that may be reimbursed by impact fee revenue is relative to the portion of facility capacity that is anticipated to be absorbed by new developments during the fee period. This portion, or utilized capacity, was determined for existing facilities and for proposed CIP projects. For existing facilities, available capacities were found under current, 2018, demands, and were compared to the available capacity remaining under the predicted 2028 demand scenario. The difference in available capacities, by percentage, was applied to the 20-year total project cost to determine the allowable recovery dollar amount. The same procedure was utilized to determine utilized capacity during fee period for proposed CIP projects, however, in this case, the 2018 demand is null. Table No. 7 below summarizes project costs and utilized costs over the impact fee period, 2018 – 2028, for each element of the Water Distribution System. The utilized capacity for each water distribution facility, both existing and proposed, is presented in detail in Impact Fee Capacity Calculation Table No. 8 through Table No. 10. TABLE NO. 7 SUMMARY OF ELIGIBLE CAPITAL COST & UTILIZED CAPACITY COST Notes: (1)Opinion of Cost includes: a) Engineer's Opinion of Construction Cost b) Professional Services Fees (Survey, Engineering, Testing, Legal) c) Cost of Easement or Land Acquisitions (2)Debt Service based on 20-year simple interest bonds at 5% (3) Planning Expense includes current and all past impact fee evaluations. $8,345,229 $29,723,454 $47,336,752 $94,000 Utilized Capacity During Fee Period ($) $94,000 $17,613,298 $21,378,225 Water System $35,380,857 Total 20-Year Project Cost ($) $17,519,298 TOTAL: Existing Water Facilities $105,680,252 $70,205,395 $15,567,062 $54,638,333 $35,474,857 Proposed Water System Subtotal: Proposed Water Facilities Proposed Water Lines Existing Water System Subtotal: Planning Expenses Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 12 of 27 TABLE NO. 8 EXISTING FACILITY RECOVERY - WATER LINES & WATER FACILITIES * Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements. Total Capacity (MG/MGD) Date of Const. Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($)2018 2028 During Fee Period 2018 2028 During Fee Period 2018 2028 During Fee Period 3.25 2005 $700,000 $423,396 $1,123,396 0.50 3.25 2.75 15% 100% 85% $172,830 $1,123,396 $950,566 3.25 2005 $700,000 $423,396 $1,123,396 $172,830 $1,123,396 $950,566 3.25 2005 $760,000 $459,687 $1,219,687 0.50 3.25 2.75 15% 100% 85% $187,644 $1,219,687 $1,032,043 3.25 2005 $760,000 $459,687 $1,219,687 $187,644 $1,219,687 $1,032,043 4.00 2005 $1,700,000 $1,028,248 $2,728,248 0.00 2.20 2.20 0% 55% 55% $0 $1,500,536 $1,500,536 4.00 2005 $1,700,000 $1,028,248 $2,728,248 $0 $1,500,536 $1,500,536 1.50 2005 $1,500,000 $907,278 $2,407,278 0.00 0.80 0.80 0% 53% 53% $0 $1,283,881 $1,283,881 1.50 2005 $1,500,000 $907,278 $2,407,278 $0 $1,283,881 $1,283,881 4.50 2005 $620,000 $375,008 $995,008 0.00 2.25 2.25 0% 50% 50% $0 $497,504 $497,504 4.50 2005 $620,000 $375,008 $995,008 $0 $497,504 $497,504 0.30 2005 $600,000 $362,911 $962,911 0.30 0.30 0.00 100% 100% 0% $962,911 $962,911 $0 0.30 2005 $600,000 $362,911 $962,911 $962,911 $962,911 $0 0.50 2005 $500,000 $302,426 $802,426 0.35 0.50 0.15 70% 100% 30% $561,698 $802,426 $240,728 0.50 2005 $500,000 $302,426 $802,426 $561,698 $802,426 $240,728 0.91 2005 $1,000,000 $604,852 $1,604,852 0.91 0.91 0.00 100% 100% 0% $1,604,852 $1,604,852 $0 0.91 2005 $1,000,000 $604,852 $1,604,852 $1,604,852 $1,604,852 $0 0.35 2005 $525,000 $317,547 $842,547 0.25 0.35 0.11 70% 100% 30% $589,783 $842,547 $252,764 0.35 2005 $525,000 $317,547 $842,547 $589,783 $842,547 $252,764 1.00 2005 $100,000 $60,485 $160,485 - - - 5% 40% 35% $8,024 $64,194 $56,170 1.00 2005 $100,000 $60,485 $160,485 $8,024 $64,194 $56,170 0.50 2013 $200,000 $120,970 $320,970 0.00 0.50 0.50 0% 100% 100% $0 $320,970 $320,970 0.50 2013 $200,000 $120,970 $320,970 $0 $320,970 $320,970 1.25 2014 $850,000 $514,124 $1,364,124 0.00 1.25 1.25 0% 100% 100% $0 $1,364,124 $1,364,124 1.25 2014 $850,000 $514,124 $1,364,124 $0 $1,364,124 $1,364,124 4.00 2016 $303,300 $183,452 $486,752 0.21 0.42 0.20 5% 10% 5% $25,778 $50,710 $24,931 4.00 2016 $303,300 $183,452 $486,752 $25,778 $50,710 $24,931 1.00 2016 $2,607,907 $1,577,397 $4,185,304 0.70 1.00 0.30 70% 100% 30% $2,929,713 $4,185,304 $1,255,591 1.00 2016 $2,607,907 $1,577,397 $4,185,304 $2,929,713 $4,185,304 $1,255,591 N/A 2016 $500,000 $302,426 $802,426 - - - 0% 10% 10% $0 $80,243 $80,243 N/A 2016 $500,000 $302,426 $802,426 $0 $80,243 $80,243 1.00 2016 $750,000 $453,639 $1,203,639 0.00 1.00 1.00 0% 100% 100% $0 $1,203,639 $1,203,639 1.00 2016 $750,000 $453,639 $1,203,639 $0 $1,203,639 $1,203,639 2.50 2016 $1,163,163 $703,541 $1,866,704 0.00 1.25 1.25 0% 50% 50% $0 $933,352 $933,352 2.50 2016 $1,163,163 $703,541 $1,866,704 $0 $933,352 $933,352 2.50 2016 $1,184,620 $716,519 $1,901,139 0.00 1.13 1.13 0% 45% 45% $0 $855,513 $855,513 2.50 2016 $1,184,620 $716,519 $1,901,139 $0 $855,513 $855,513 2.00 2016 $328,800 $198,875 $527,675 0.00 1.10 1.10 0% 55% 55% $0 $290,221 $290,221 2.00 2016 $328,800 $198,875 $527,675 $0 $290,221 $290,221 2.00 2016 $1,900,000 $1,149,218 $3,049,218 0.00 1.10 1.10 0% 55% 55% $0 $1,677,070 $1,677,070 2.00 2016 $1,900,000 $1,149,218 $3,049,218 $0 $1,677,070 $1,677,070 2.00 2016 $1,469,694 $888,947 $2,358,641 0.00 1.10 1.10 0% 55% 55% $0 $1,297,253 $1,297,253 2.00 2016 $1,469,694 $888,947 $2,358,641 $0 $1,297,253 $1,297,253 2.00 2016 $1,265,250 $765,289 $2,030,539 0.00 1.10 1.10 0% 55% 55% $0 $1,116,796 $1,116,796 2.00 2016 $1,265,250 $765,289 $2,030,539 $0 $1,116,796 $1,116,796 2.00 2016 $901,950 $545,546 $1,447,496 0.00 1.10 1.10 0% 55% 55% $0 $796,123 $796,123 2.00 2016 $901,950 $545,546 $1,447,496 $0 $796,123 $796,123 2.00 2016 $342,000 $206,859 $548,859 0.00 1.10 1.10 0% 45% 45% $0 $246,987 $246,987 2.00 2016 $342,000 $206,859 $548,859 $0 $246,987 $246,987 2.00 2016 $274,500 $166,032 $440,532 0.00 1.10 1.10 0% 55% 55% $0 $242,292 $242,292 2.00 2016 $274,500 $166,032 $440,532 $0 $242,292 $242,292 $22,046,184 $13,334,673 $35,380,857 $7,043,234 $24,562,532 $17,519,298 Existing Waterline Facility 1A & 1B (MGD or MG) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity Pipe Number Existing Waterline Facility 3 CGMA Treated Surface Water System - Bloomdale PS and GSR Subtotal: Existing Waterline Facility 1C CGMA Treated Surface Water System - Treated Water S upply Line Subtotal: Existing Waterline Facility 2A South Take Point - PS Subtotal: Existing Waterline Facility 2B South Take Point - GSR Subtotal: Existing Waterline Facility 6B 18" WL From South Take Point to FM 455 Subtotal: Existing Waterline Facility 4 West Well & GSR Subtotal: Existing Waterline Facility 5 West Well EST Subtotal: Existing Waterline Facility 6A South Grayson System - Water Wells Subtotal: Existing Waterline Facility 9 South Grayson System - .35 MG EST Subtotal: Existing Waterline Facility 6C South Grayson System - CCN Area Subtotal: Existing Waterline Facility 7 South Well Surface Water Subtotal: Existing Waterline Facility 8 North & West Wll Surface Water Subtotal: C.R. 1106 Waterline Subtotal: Existing Waterline Facility 10 Hackberry EST - 1.0 MG Subtotal: Existing Waterline Facility 11 U.S.-75 Parallel Water Line North of F.M. 455 (w/DEV) Subtotal: Existing Waterline Facility 16 U.S.-75 Parallel Water Line South of F.M. 455 Disinfection Subtotal: Existing Waterline Facility 12 Initial South Pump Station Subtotal: Existing Waterline Facility 13 South Distribution Line From West Well EST (w/DEV) Water Facilities - Project CIP Total Water Line for C.R.422 (w/DEV) East-West Water Line along West Foster (w/DEV) Subtotal: Existing Waterline Facility 19 Water Line C.R.371 to Rosamond Pkwy. (w/DEV) Subtotal: Existing Waterline Facility 20 Subtotal: Existing Waterline Facility 21 Subtotal: Existing Waterline Facility 17 Subtotal: Existing Waterline Facility 18 Subtotal: Subtotal: Existing Waterline Facility 14 East-West Water Line along future Hackberry Ln. West Subtotal: Existing Waterline Facility 15 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 13 of 27 TABLE NO. 9 PROPOSED CAPITAL IMPROVEMENT PLAN - WATER LINES 2018 2028 During Fee Period 2018 2028 During Fee Period 15,631 12 $150.00 $2,344,650 $1,418,166 $3,762,816 0% 15% 15% $0 $564,422 $564,422 15,631 $2,344,650 $1,418,166 $3,762,816 $0 $564,422 $564,422 9,153 12 $150.00 $1,372,950 $830,431 $2,203,381 0% 11% 11% $0 $242,372 $242,372 609 12 X $50.00 $30,450 $18,418 $48,868 0% 11% 11% $0 $5,375 $5,375 9,762 $1,403,400 $848,849 $2,252,249 $0 $247,747 $247,747 2,678 12 $150.00 $401,700 $242,969 $644,669 0% 15% 15% $0 $96,700 $96,700 400 12 X $50.00 $20,000 $12,097 $32,097 0% 15% 15% $0 $4,815 $4,815 3,078 $421,700 $255,066 $676,766 $0 $101,515 $101,515 2,888 12 $150.00 $433,200 $262,022 $695,222 0% 23% 23% $0 $159,901 $159,901 3,991 12 X $50.00 $199,550 $120,698 $320,248 0% 23% 23% $0 $73,657 $73,657 6,879 $632,750 $382,720 $1,015,470 $0 $233,558 $233,558 10,793 12 $150.00 $1,618,950 $979,225 $2,598,175 0% 13% 13% $0 $337,763 $337,763 10,793 $1,618,950 $979,225 $2,598,175 $0 $337,763 $337,763 9,404 24 $200.00 $1,880,800 $1,137,605 $3,018,405 0% 100% 100% $0 $3,018,405 $3,018,405 9,404 $1,880,800 $1,137,605 $3,018,405 $0 $3,018,405 $3,018,405 8,459 12 X $50.00 $422,950 $255,822 $678,772 0% 63% 63% $0 $427,626 $427,626 8,459 $422,950 $255,822 $678,772 $0 $427,626 $427,626 1,642 12 X $50.00 $82,100 $49,658 $131,758 0% 96% 96% $0 $126,620 $126,620 1,642 $82,100 $49,658 $131,758 $0 $126,620 $126,620 4,069 12 $150.00 $610,350 $369,171 $979,521 0% 93% 93% $0 $907,037 $907,037 1,691 12 X $50.00 $84,550 $51,140 $135,690 0% 93% 93% $0 $125,649 $125,649 5,760 $694,900 $420,311 $1,115,211 $0 $1,032,686 $1,032,686 3,459 12 X $50.00 $172,950 $104,609 $277,559 0% 23% 23% $0 $63,839 $63,839 3,459 $172,950 $104,609 $277,559 $0 $63,839 $63,839 1,202 12 X $50.00 $60,100 $36,352 $96,452 0% 21% 21% $0 $20,255 $20,255 1,202 $60,100 $36,352 $96,452 $0 $20,255 $20,255 5,210 12 $150.00 $781,500 $472,692 $1,254,192 0% 52% 52% $0 $652,180 $652,180 523 12 X $50.00 $26,150 $15,817 $41,967 0% 52% 52% $0 $21,823 $21,823 5,733 $807,650 $488,509 $1,296,159 $0 $674,003 $674,003 1,485 8 $100.00 $148,500 $89,820 $238,320 0% 62% 62% $0 $147,759 $147,759 2,038 12 $150.00 $305,700 $184,903 $490,603 0% 26% 26% $0 $127,557 $127,557 9,970 16 $170.00 $1,694,900 $1,025,163 $2,720,063 0% 29% 29% $0 $788,818 $788,818 13,493 $2,149,100 $1,299,887 $3,448,987 $0 $1,064,134 $1,064,134 9,445 12 $150.00 $1,416,750 $856,924 $2,273,674 0% 44% 44% $0 $1,000,416 $1,000,416 4,049 16 $170.00 $688,330 $416,338 $1,104,668 0% 44% 44% $0 $486,054 $486,054 13,494 $2,105,080 $1,273,261 $3,378,341 $0 $1,486,470 $1,486,470 3,314 12 X $50.00 $165,700 $100,224 $265,924 0% 83% 83% $0 $220,717 $220,717 3,314 $165,700 $100,224 $265,924 $0 $220,717 $220,717 5,100 12 X $50.00 $255,000 $154,237 $409,237 0% 25% 25% $0 $102,309 $102,309 5,100 $255,000 $154,237 $409,237 $0 $102,309 $102,309 17,488 12 $150.00 $2,623,200 $1,586,647 $4,209,847 0% 63% 63% $0 $2,652,204 $2,652,204 17,488 $2,623,200 $1,586,647 $4,209,847 $0 $2,652,204 $2,652,204 4,616 12 $150.00 $692,400 $418,799 $1,111,199 0% 42% 42% $0 $466,704 $466,704 *** 6,502 12 X $50.00 $325,100 $196,637 $521,737 0% 42% 42% $0 $219,130 $219,130 11,118 $1,017,500 $615,437 $1,632,937 $0 $685,834 $685,834 Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: 12", east-west water line from S.P.R.R. to Slayter Creek, south of Taylor Blvd. 12" water line following F.M. 455, east of S.P.R.R. Water Line #7 12" north-south water line from Taylor Blvd. to Outer Loop Water Line #8 12" water line running south from Taylor Blvd. and South Ferguson Pkwy. to Outer Loop (%) Utilized Capacity ($) Utilized Capacity Water Line #1 12" water line along Collin Outer Loop and F.M.455 to South Plant Line Identification Length (Ft.) Diameter (Inches) Developer Participation Avg. Unit Cost ($/Ft.) Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($) Subtotal: * Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements. Water Line #2 12" water line - F.M. 455 southern offset wrapping back to SH 5, west of CR 419 Subtotal: Water Line #3 12" water line north of the Outer Loop, along CR 422 Subtotal: Water Line #4 12" Water Line north of the Outer Loop, towards Anna Crossing Subdivision Water Line #5 Water Line #6 24", north-south water line along CR 369, from South Grayson's North Plant towards West Well Water Line #9 Subtotal: 8", 12" & 16" water lines along SH 5, south from CR 1106 and continuing onto Fern St. near High school Water Line #10 12" water line along Taylor Blvd. between U.S. 75 and S. Ferguson Pkwy. Water Line #12 12" water line along CR 1106 between Dumas Dr. and CR 426 Water Line #13 12" water line along CR 426, South from CR 1106 to near Camden Park Subdivision Water Line #14 Water Line #11 Not used Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: 12" water line traversing between intersections CR 290 and CR 288 to CR 284 and U.S. 75 Water Line #15 12" & 16" water lines along Rosamond, west of SH 5, and turning south to CR 370 Water Line #17 12" water line along U.S. 75, south of CR 370 Water Line #19 12", north-south water line between west Rosamond Pkwy. and CR 371, west of West Well Water Line #20 Water Line #21 Water Line #16 Water Line #18 Not used Not used 12" water line parallel to CR 368 and CR 286, west of U.S. 75, from CR 370 to CR 284 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 14 of 27 TABLE NO. 9 (Continued) 2018 2028 During Fee Period 2018 2028 During Fee Period 6,640 12 $150.00 $996,000 $602,432 $1,598,432 0% 45% 45% $0 $719,295 $719,295 6,640 $996,000 $602,432 $1,598,432 $0 $719,295 $719,295 28,063 12 X $50.00 $1,403,150 $848,698 $2,251,848 0% 14% 14% $0 $315,259 $315,259 28,063 $1,403,150 $848,698 $2,251,848 $0 $315,259 $315,259 6,414 24 $200.00 $1,282,800 $775,904 $2,058,704 0% 8% 8% $0 $164,696 $164,696 6,414 $1,282,800 $775,904 $2,058,704 $0 $164,696 $164,696 12,676 12 X $50.00 $633,800 $383,355 $1,017,155 0% 55% 55% $0 $559,435 $559,435 12,676 $633,800 $383,355 $1,017,155 $0 $559,435 $559,435 1,685 16 X $70.00 $117,950 $71,342 $189,292 0% 8% 8% $0 $15,143 $15,143 1,685 $117,950 $71,342 $189,292 $0 $15,143 $15,143 20,898 18 X $85.00 $1,776,330 $1,074,416 $2,850,746 0% 25% 25% $0 $712,687 $712,687 20,898 $1,776,330 $1,074,416 $2,850,746 $0 $712,687 $712,687 7,701 18 $185.00 $1,424,685 $861,723 $2,286,408 0% 45% 45% $0 $1,028,884 $1,028,884 7,701 $1,424,685 $861,723 $2,286,408 $0 $1,028,884 $1,028,884 9,289 18 $185.00 $1,718,465 $1,039,417 $2,757,882 0% 45% 45% $0 $1,241,047 $1,241,047 9,289 $1,718,465 $1,039,417 $2,757,882 $0 $1,241,047 $1,241,047 3,249 12 X $50.00 $162,450 $98,258 $260,708 0% 80% 80% $0 $208,567 $208,567 3,249 $162,450 $98,258 $260,708 $0 $208,567 $208,567 6,196 18 $185.00 $1,146,260 $693,317 $1,839,577 0% 40% 40% $0 $735,831 $735,831 6,196 $1,146,260 $693,317 $1,839,577 $0 $735,831 $735,831 5,969 12 $150.00 $895,350 $541,554 $1,436,904 0% 45% 45% $0 $646,607 $646,607 5,969 $895,350 $541,554 $1,436,904 $0 $646,607 $646,607 1,510 12 $150.00 $226,500 $136,999 $363,499 0% 100% 100% $0 $363,499 $363,499 1,510 $226,500 $136,999 $363,499 $0 $363,499 $363,499 1,304 12 X $50.00 $65,200 $39,436 $104,636 0% 100% 100% $0 $104,636 $104,636 1,304 $65,200 $39,436 $104,636 $0 $104,636 $104,636 3,900 12 $150.00 $585,000 $353,838 $938,838 0% 75% 75% $0 $704,129 $704,129 3,900 $585,000 $353,838 $938,838 $0 $704,129 $704,129 7,602 12 X $50.00 $380,100 $229,904 $610,004 0% 15% 15% $0 $91,501 $91,501 7,602 $380,100 $229,904 $610,004 $0 $91,501 $91,501 4,348 12 X $50.00 $217,400 $131,495 $348,895 0% 15% 15% $0 $52,334 $52,334 4,348 $217,400 $131,495 $348,895 $0 $52,334 $52,334 4,565 12 X $50.00 $228,250 $138,057 $366,307 0% 15% 15% $0 $54,946 $54,946 4,565 $228,250 $138,057 $366,307 $0 $54,946 $54,946 2,757 16 X $70.00 $192,990 $116,730 $309,720 0% 15% 15% $0 $46,458 $46,458 2,757 $192,990 $116,730 $309,720 $0 $46,458 $46,458 4,059 16 $170.00 $690,030 $417,366 $1,107,396 0% 25% 25% $0 $276,849 $276,849 4,059 $690,030 $417,366 $1,107,396 $0 $276,849 $276,849 3,099 12 $50.00 $154,950 $93,722 $248,672 0% 25% 25% $0 $62,168 $62,168 3,099 $154,950 $93,722 $248,672 $0 $62,168 $62,168 5,816 16 X $70.00 $407,120 $246,247 $653,367 0% 15% 15% $0 $98,005 $98,005 5,816 $407,120 $246,247 $653,367 $0 $98,005 $98,005 5,676 18 X $85.00 $482,460 $291,817 $774,277 0% 15% 15% $0 $116,142 $116,142 5,676 $482,460 $291,817 $774,277 $0 $116,142 $116,142 299,225 $34,045,720 $20,592,613 $54,638,333 $21,378,225 $21,378,225 Diameter (Inches) Developer Participation Avg. Unit Cost ($/Ft.) Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($) (%) Utilized Capacity ($) Utilized Capacity J-### : Reference to Water System Master Plan Map- Node Number P-### : Reference to Water SystemMater Plan Map-Water Line Number "X" : Developer Participation 12-inch P-935 Subtotal: Water Line #42 16-inch P-769 Subtotal: Water Line #43 18-inch P-828, P-760 Subtotal: Water Lines - CIP Total TOTAL 12-inch J-725, J-727 Subtotal: Water Line #39 16-inch P-563 Subtotal: Water Line #40 16-inch P-588 Subtotal: Water Line #41 Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Subtotal: Water Line #37 12-inch P-809 Subtotal: Water Line #38 Water Line #36 12-inch P-524, P-790, P-803 12" water lines crossing south of proposed western T-02 EST Water Line #24 18" water line continuation along future western Collin County Outer Loop, west of S.H. 5 Water Line #25 12", north-south water line, generally parallel to and east of U.S.75 between CR 371 and F.M. 455 Water Line #26 16" water line crossing U.S. 75 at CR 371 Water Line #27 18" water line along future western Collin County Outer Loop and north to CR 285 Water Line #28 12-inch P-742 Subtotal: Water Line #35 Water Line #33 Subtotal: Water Line #34 12-inch P-528 12-inch P-931 12-inch P-610, P-611, P-847 18-inch P-758 Subtotal: Water Line #29 18" water line along F.M. 455 between the creek near CR. 419 to near S.H. 121 Water Line #30 12" water line along S.H. 5 and CR 423, south of F.M. 455 Water Line #31 Subtotal: 24" water line running west from South Grayson's North Plant to near U.S. 75 Water Line #32 Subtotal: Water Line #22 12", east-west water line between CR 368 and CR 370 to CR 290 and CR 288 Water Line #23 * Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements. Line Identification Length (Ft.) Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 15 of 27 TABLE NO. 10 PROPOSED CAPITAL IMPROVEMENT PLAN - WATER FACILITIES * Average Unit costs are based in 2018 dollars unless otherwise indicated and includes 20% for engineering and easements. Total Capacity (MG/MGD) Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($)2018 2028 During Fee Period 2018 2028 During Fee Period 2018 2028 During Fee Period 1.00 $3,000,000 $1,814,555 $4,814,555 0.00 0.75 0.75 0% 80% 80% $0 $3,851,644 $3,851,644 1.00 $3,000,000 $1,814,555 $4,814,555 $0 $3,851,644 $3,851,644 5.00 $1,500,000 $907,278 $2,407,278 0.00 1.00 1.00 0% 20% 20% $0 $481,456 $481,456 5.00 $1,500,000 $907,278 $2,407,278 $0 $481,456 $481,456 N/A $1,000,000 $604,852 $1,604,852 0.00 2.00 2.00 0% 10% 10% $0 $160,485 $160,485 N/A $1,000,000 $604,852 $1,604,852 $0 $160,485 $160,485 N/A $2,000,000 $1,209,703 $3,209,703 0.00 2.00 2.00 0% 10% 10% $0 $320,970 $320,970 N/A $2,000,000 $1,209,703 $3,209,703 $0 $320,970 $320,970 1.50 $1,500,000 $907,278 $2,407,278 0.00 1.50 1.50 0% 100% 100% $0 $2,407,278 $2,407,278 1.50 $1,500,000 $907,278 $2,407,278 $0 $2,407,278 $2,407,278 0.50 $700,000 $423,396 $1,123,396 0.00 0.50 0.50 0% 100% 100% $0 $1,123,396 $1,123,396 0.50 $700,000 $423,396 $1,123,396 $0 $1,123,396 $1,123,396 $9,700,000 $5,867,062 $15,567,062 $0 $8,345,229 $8,345,229 CGMA Sherman Connection (MGD or MG) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity Pipe Number 1 MG EST Subtotal: South Plant Pump Station Expansion Subtotal: Water Facilities - CIP Total Subtotal: CGMA Bloomdale Pump Station Subtotal: South Grayson Take Point - 1.5 MGD Pump Subtotal: South Grayson Take Point - 0.5 GSR Subtotal: Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 16 of 27 VI. WASTEWATER COLLECTION SYSTEM General At this time, based on projections provided by the City, the City of Anna will approximately double in population over the ten-year period. The most significant growth, that affects the wastewater collection needs of the City, will occur in the Slayter Creek Basin, along the US 75 corridor, east of SH 5 and along Hurricane Creek west of US 75. The wastewater collection system is partially in place to serve the new development. The existing Slayter Creek Wastewater Treatment Plant (WWTP), as well as the Point Of Entry (POE) to the NTWMD system, provide treatment for the sewage. Conveyance from the new developments to these existing facilities will be required. The City of Anna’s flow is metered at the WWTP and at two Points of Entry into the regional NTMWD lines. New developments in certain areas of the City will require wastewater lift stations and force mains to convey sewage towards the existing collection system A. Existing Wastewater System Figure No. 3, the Existing Wastewater Facility Recovery Map, shows projects that have been constructed in part by the City, and are eligible for some financial recovery. Summaries of major project undertakings for the City are listed below. · Throckmorton Creek 21-inch Collection: In approximately 2003, the City staff entered into a contract to construct approximately 4,500 linear feet of 21-inch PVC collection line. This facilitated the construction of single family homes adjacent to FM 455. It also picked up flow from the commercial development located at the intersection of US 75 and FM 455. · Slayter Creek 24-inch Collection Line: In approximately 2005, the City staff entered into a contract to construct approximately 7,000 linear feet of 24-inch PVC collection line. This facilitated the construction of single family homes in the Slayter Creek basin north of FM 455. · Clemmons Creek Point of Entry: In approximately 2005, the City staff entered into a joint contract with the City of Melissa to construct a 15-inch regional sanitary sewer collector line. The existing line terminated approximately one-half mile south of the Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 17 of 27 City of Anna City Limit lines. Around 2016, this line was extended into the City of Anna to facilitate growth east of SH 5. · Throckmorton Creek Point of Entry: In approximately 2009, the City staff entered into a joint contract with the City of Melissa to construct a 21-inch regional sanitary sewer collector line. A large percentage of the projected growth will be conveyed to the Throckmorton Creek POE. B. Proposed Wastewater Capital Improvement Plan Figure No. 4 illustrates the proposed wastewater system improvements based on meeting the 10-year, future demands of new developments for the City of Anna. The expectation is that each line will be engineered based on the demands associated with the current land use plan and any special circumstances particular to a business or operation that might potentially overload the system due to specific demand issues. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 18 of 27 FIGURE 3 WASTEWATER COLLECTION SYSTEM : EXISTING FACILITY RECOVERY Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 19 of 27 FIGURE 4 WASTEWATER COLLECTION SYSTEM : CAPITAL IMPROVEMENT PLAN Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 20 of 27 TABLE NO. 10 10-YEAR WASTEWATER CAPITAL IMPROVEMENT PLAN Project Size Developer Participation Total Capital Cost (1) Debt Service (2) Total Project Cost ($) Throckmorton Creek Parallel Line #1 VARIES (27)"" $3,788,325 $2,291,375 $6,079,700 Sanitary Sewer Line #2 36"" X $7,895,360 $4,775,522 $12,670,882 Sanitary Sewer Line #3 18" X $2,399,265 $1,451,200 $3,850,465 Sanitary Sewer Line #4A $3,087,500 $1,867,480 $4,954,980 Sanitary Sewer Line #4B 12"" X $3,935,000 $2,380,092 $6,315,092 Sanitary Sewer Line #5 12"" X $684,900 $414,263 $1,099,163 Sanitary Sewer Line #6 12"" X $490,950 $296,952 $787,902 Sanitary Sewer Line #7 15"" X $1,445,000 $874,011 $2,319,011 Sanitary Sewer Line #8 8"" X $326,700 $197,605 $524,305 Sanitary Sewer Line #9 18"" $241,425 $146,026 $387,451 Sanitary Sewer Line #10 12"" $639,450 $386,772 $1,026,222 Sanitary Sewer Line #11 (Camden Park Offsite Gravity) 8",12"" X $304,780 $184,347 $489,127 Sanitary Sewer Line #12 (Sweetwater F.M.) 10"" X $504,000 $304,845 $808,845 Sanitary Sewer Line #14 (F.M.) 12"" X $1,479,850 $895,090 $2,374,940 Sanitary Sewer Line #15 (F.M.) 20"" X $2,544,000 $1,538,743 $4,082,743 Sanitary Sewer Line #16 12" $1,150,000 $695,580 $1,845,580 Sanitary Sewer Line #17 12" $700,000 $423,396 $1,123,396 Subtotal: Wastewater Collection Lines $31,616,505 $19,123,298 $50,739,803 $50,739,803 Wastewater System Facilities Project Size (MG/MGD) Developer Participation Total Capital Cost (1) Debt Service (2) Total Project Cost ($) Sweetwater Lift Station (#18) 1.30 X $498,200 $301,337 $799,537 Jacobs Lift Station (#19)1.60 $750,000 $453,639 $1,203,639 WS2 Lift Station (#20)9.01 X $2,250,000 $1,360,916 $3,610,916 NTMWD Meter Station (#22) N/A $350,000 $211,698 $561,698 Trinity Meter Station (#23)N/A $500,000 $302,426 $802,426 Subtotal: Wastewater Collection Facilities $4,348,200 $2,630,016 $6,978,216 Wastewater Master Plan $50,000 $0 $50,000 Wastewater CIP Grand Total $36,014,705 $21,753,315 $57,768,020 C. Utilized Capacity Utilized capacity for the wastewater collection system was calculated based on land absorption from population growth projections provided by the City. The population and employment growth in each wastewater drainage basin was determined utilizing the City’s growth projections. These growth rates were utilized to calculate 2018 and 2028 design flows. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 21 of 27 The following summarizes each design flow component utilized to calculate the wastewater design flows. 1) Population Based Flow: For the purpose of this wastewater impact fee study an average per capita flow of 100 gallons per day (gpcd) is a reasonable basis for the design of the wastewater collection and treatment facilities. 2) Non-Population Based Flow: Non-residential average flows are estimated based on an average flow per acre for each non-residential land use category. Commercial base unit flows were estimated to be 1,500 gallons per acre per day (gpad) to simulate dry weather conditions. The City also has a public component to consider. The unit for public components was estimated to be 1,000 gpad. 3) Infiltration and Inflow: Groundwater can infiltrate into the sanitary sewer system through faulty sewer pipe joints, breaks in sewer pipes and manholes and faulty service lines. This infiltration creates an average day flow related burden on the wastewater collection system and the wastewater treatment plant. Infiltration is a constant that is not necessarily based on temporary storm based environmental conditions. Normal plant capacity must be designed to handle these infiltration related conditions. The City can embark on programs to rehabilitate lines that contribute significant infiltration volumes when economically and environmentally feasible, and/or desirable. Inflow is generally related to storm based events that increase groundwater and surface water flow into the sanitary system. The additional flow is generally recognized to enter through manholes, service lines, roof drains and storm drains. Inflow related surges could cause surcharged sewers, overflows at manholes and peak flows that surpass the capacity of the treatment plant. It is estimated, for wastewater collection system planning purposes, that the combined infiltration and inflow is 800 gallons per acre per day (gpad) for the existing wastewater collection system and 600 gpad for the new lines proposed in the build-out wastewater collection system. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 22 of 27 4) The calculation of peak flows requires the development of a unit hydrograph (Diurnal Curve). At the time of this report, a sufficient amount of wastewater flow data was not available to allow for a feasible approach for the development of a diurnal curve specific to the City of Anna. However, unit hydrographs from other cities monitored in the past were evaluated and compiled into a diurnal curve that reasonably represents the peak flow in the City of Anna. Diurnal curves are applied to the hydraulic model to simulate a 24-hour temporal cycle in a wastewater system. The diurnal curve was applied system wide to the base flows. The base flow calculated for inflow and infiltration is an independent variable that is not affected by the Diurnal Pattern. The percent utilized capacity was calculated for the design flow of each study year based on the build-out capacity. The utilized capacity for each facility during the Impact Fee period is the difference between the year 2028 available capacity and the year 2018 available capacity. Table No. 11 below summarizes the project cost and utilized cost over the impact fee period of 2018 - 2028 for each element of the wastewater system (impact fee eligible). The utilized capacity for each existing and proposed wastewater collection line is presented in detail in Impact Fee Capacity Calculation Tables No. 13, No. 14, and No. 15. TABLE NO. 11 SUMMARY OF ELIGIBLE CAPITAL COST & UTILIZED CAPACITY COST Wastewater System Master Plan Existing Wastewater Facilities Wastewater System $82,713,493 $57,768,020 $6,978,216 $50,739,803 $24,945,474 $50,000 $24,945,474 Total 20-Year Project Cost ($) TOTAL: Proposed Water System Subtotal: Proposed Wastewater Facilities Proposed Wastewater Collection Sewer Lines Existing Wastewater System Subtotal: $50,000 $8,167,784 Utilized Capacity During Fee Period ($) $38,233,015 $30,065,231 $5,723,222 $24,292,009 $8,167,784 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 23 of 27 TABLE NO. 12 EXISTING FACILITY RECOVERY - WASTEWATER LINES & FACILITIES * Average Unit costs are based in 2014 dollars unless otherwise indicated and includes 20% for engineering and easements. 2018 2028 During Fee Period 2018 2028 During Fee Period 2018 2028 During Fee Period 9.60 2005 $2,050,000 $1,239,946 $3,289,946 0.13 1.40 1.27 1% 15% 13% $46,051 $479,784 $433,733 9.60 2005 $2,050,000 $1,239,946 $3,289,946 $46,051 $479,784 $433,733 5.60 2008 $1,090,000 $659,288 $1,749,288 0.23 1.40 1.17 4% 25% 21% $71,957 $437,322 $365,365 5.60 2008 $1,090,000 $659,288 $1,749,288 $71,957 $437,322 $365,365 6.07 2016 $1,453,145 $878,937 $2,332,082 0.00 1.52 1.52 0% 25% 25% $0 $583,021 $583,021 6.07 2016 $1,453,145 $878,937 $2,332,082 $0 $583,021 $583,021 4.80 2015 $900,000 $544,367 $1,444,367 0.00 4.80 4.80 0% 100% 100% $0 $1,444,367 $1,444,367 4.80 2015 $900,000 $544,367 $1,444,367 $0 $1,444,367 $1,444,367 1.00 2005 $1,105,000 $668,361 $1,773,361 0.84 0.91 0.07 84% 91% 7% $1,486,980 $1,615,484 $128,504 1.00 2005 $1,105,000 $668,361 $1,773,361 $1,486,980 $1,615,484 $128,504 3.00 2008 $1,715,000 $1,037,321 $2,752,321 0.00 0.70 0.70 0% 23% 23% $0 $642,208 $642,208 3.00 2008 $1,715,000 $1,037,321 $2,752,321 $0 $642,208 $642,208 3.00 2016 $1,376,210 $832,403 $2,208,613 0.06 0.90 0.84 2% 30% 28% $44,172 $662,584 $618,412 3.00 2016 $1,376,210 $832,403 $2,208,613 $44,172 $662,584 $618,412 2.00 2015 $680,000 $411,299 $1,091,299 0.04 0.60 0.56 2% 30% 28% $21,826 $327,390 $305,564 2.00 2015 $680,000 $411,299 $1,091,299 $21,826 $327,390 $305,564 2.00 2015 $320,000 $193,553 $513,553 0.04 0.60 0.56 2% 30% 28% $10,271 $154,066 $143,795 2.00 2015 $320,000 $193,553 $513,553 $10,271 $154,066 $143,795 0.50 2005 $1,965,000 $1,188,534 $3,153,534 0.35 0.50 0.15 70% 100% 30% $2,207,474 $3,153,534 $946,060 0.50 2005 $1,965,000 $1,188,534 $3,153,534 $2,207,474 $3,153,534 $946,060 0.50 2014 $651,832 $394,262 $1,046,094 0.35 0.50 0.15 70% 100% 30% $732,266 $1,046,094 $313,828 0.50 2014 $651,832 $394,262 $1,046,094 $732,266 $1,046,094 $313,828 6.00 2018 $1,577,600 $954,214 $2,531,814 0.50 3.00 2.50 8% 50% 42% $202,545 $1,265,907 $1,063,362 6.00 2018 $1,577,600 $954,214 $2,531,814 $202,545 $1,265,907 $1,063,362 6.00 2018 $1,750,000 $1,058,491 $2,808,491 0.50 3.00 2.50 8% 50% 42% $224,679.24 $1,404,245 $1,179,566 6.00 2018 $1,750,000 $1,058,491 $2,808,491 $224,679 $1,404,245 $1,179,566 $16,633,787 $10,060,975 $24,945,474 $4,976,263 $13,216,005 $8,167,784 Slayter Creek WWTP Headworks Lift Station Subtotal: Wastewater Facilities - Project Recovery Total Anna Crossing Lift Station Subtotal: Existing Sanitary Sewer Facility #10 Slayter Creek WWTP Subtotal: Existing Sanitary Sewer Facility #11 Existing Sanitary Sewer Facility #12 16 inch Force Main Subtotal: Existing Sanitary Sewer Facility #13 WAS1 Lift Station Subtotal: Existing Sanitary Sewer Facility #9 Upper Slayter Creek Trunk Sewer Subtotal: Existing Sanitary Sewer Facility #6 Clemmons Creek Regional Trunk Sewer (Lower) Subtotal: Existing Sanitary Sewer Facility #7 Clemmons Creek Regional Trunk Sewer (Upper) Subtotal: Existing Sanitary Sewer Facility #8 Anna Crossing L.S. Force Main Subtotal: (MGD) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity Existing Sanitary Sewer Facility #5 Throckmorton Creek Regional Trunk Sewer (Lower) Subtotal: Existing Sanitary Sewer Facility #2 Throckmorton Creek Regional Trunk Sewer (Upper) Subtotal: Existing Sanitary Sewer Facility #3 Throckmorton L.S. Relief Trunk Sewer Subtotal: Existing Sanitary Sewer Facility #4 Slayter Creek Trunk Sewer Subtotal: Existing Sanitary Sewer Facility #1 Pipe Number Total Capacity (MGD) Date of Const. Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($) Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 24 of 27 TABLE NO. 13 PROPOSED CAPITAL IMPROVEMENT PLAN - WASTEWATER LINES * Average Unit costs are based in 2014 dollars unless otherwise indicated and includes 20% for engineering and easements. 2018 2028 During Fee Period 2018 2028 During Fee Period 2018 2028 During Fee Period 9.60 2005 $2,050,000 $1,239,946 $3,289,946 0.13 1.40 1.27 1% 15% 13% $46,051 $479,784 $433,733 9.60 2005 $2,050,000 $1,239,946 $3,289,946 $46,051 $479,784 $433,733 5.60 2008 $1,090,000 $659,288 $1,749,288 0.23 1.40 1.17 4% 25% 21% $71,957 $437,322 $365,365 5.60 2008 $1,090,000 $659,288 $1,749,288 $71,957 $437,322 $365,365 6.07 2016 $1,453,145 $878,937 $2,332,082 0.00 1.52 1.52 0% 25% 25% $0 $583,021 $583,021 6.07 2016 $1,453,145 $878,937 $2,332,082 $0 $583,021 $583,021 4.80 2015 $900,000 $544,367 $1,444,367 0.00 4.80 4.80 0% 100% 100% $0 $1,444,367 $1,444,367 4.80 2015 $900,000 $544,367 $1,444,367 $0 $1,444,367 $1,444,367 1.00 2005 $1,105,000 $668,361 $1,773,361 0.84 0.91 0.07 84% 91% 7% $1,486,980 $1,615,484 $128,504 1.00 2005 $1,105,000 $668,361 $1,773,361 $1,486,980 $1,615,484 $128,504 3.00 2008 $1,715,000 $1,037,321 $2,752,321 0.00 0.70 0.70 0% 23% 23% $0 $642,208 $642,208 3.00 2008 $1,715,000 $1,037,321 $2,752,321 $0 $642,208 $642,208 3.00 2016 $1,376,210 $832,403 $2,208,613 0.06 0.90 0.84 2% 30% 28% $44,172 $662,584 $618,412 3.00 2016 $1,376,210 $832,403 $2,208,613 $44,172 $662,584 $618,412 2.00 2015 $680,000 $411,299 $1,091,299 0.04 0.60 0.56 2% 30% 28% $21,826 $327,390 $305,564 2.00 2015 $680,000 $411,299 $1,091,299 $21,826 $327,390 $305,564 2.00 2015 $320,000 $193,553 $513,553 0.04 0.60 0.56 2% 30% 28% $10,271 $154,066 $143,795 2.00 2015 $320,000 $193,553 $513,553 $10,271 $154,066 $143,795 0.50 2005 $1,965,000 $1,188,534 $3,153,534 0.35 0.50 0.15 70% 100% 30% $2,207,474 $3,153,534 $946,060 0.50 2005 $1,965,000 $1,188,534 $3,153,534 $2,207,474 $3,153,534 $946,060 0.50 2014 $651,832 $394,262 $1,046,094 0.35 0.50 0.15 70% 100% 30% $732,266 $1,046,094 $313,828 0.50 2014 $651,832 $394,262 $1,046,094 $732,266 $1,046,094 $313,828 6.00 2018 $1,577,600 $954,214 $2,531,814 0.50 3.00 2.50 8% 50% 42% $202,545 $1,265,907 $1,063,362 6.00 2018 $1,577,600 $954,214 $2,531,814 $202,545 $1,265,907 $1,063,362 6.00 2018 $1,750,000 $1,058,491 $2,808,491 0.50 3.00 2.50 8% 50% 42% $224,679.24 $1,404,245 $1,179,566 6.00 2018 $1,750,000 $1,058,491 $2,808,491 $224,679 $1,404,245 $1,179,566 $16,633,787 $10,060,975 $24,945,474 $4,976,263 $13,216,005 $8,167,784 Existing Sanitary Sewer Facility #1 Pipe Number Total Capacity (MGD) Date of Const. Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($) (MGD) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity Existing Sanitary Sewer Facility #5 Throckmorton Creek Regional Trunk Sewer (Lower) Subtotal: Existing Sanitary Sewer Facility #2 Throckmorton Creek Regional Trunk Sewer (Upper) Subtotal: Existing Sanitary Sewer Facility #3 Throckmorton L.S. Relief Trunk Sewer Subtotal: Existing Sanitary Sewer Facility #4 Slayter Creek Trunk Sewer Subtotal: Existing Sanitary Sewer Facility #9 Upper Slayter Creek Trunk Sewer Subtotal: Existing Sanitary Sewer Facility #6 Clemmons Creek Regional Trunk Sewer (Lower) Subtotal: Existing Sanitary Sewer Facility #7 Clemmons Creek Regional Trunk Sewer (Upper) Subtotal: Existing Sanitary Sewer Facility #8 Anna Crossing L.S. Force Main Subtotal: Slayter Creek WWTP Headworks Lift Station Subtotal: Wastewater Facilities - Project Recovery Total Anna Crossing Lift Station Subtotal: Existing Sanitary Sewer Facility #10 Slayter Creek WWTP Subtotal: Existing Sanitary Sewer Facility #11 Existing Sanitary Sewer Facility #12 16 inch Force Main Subtotal: Existing Sanitary Sewer Facility #13 WAS1 Lift Station Subtotal: Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 25 of 27 TABLE NO. 14 PROPOSED CAPITAL IMPROVEMENT PLAN - WASTEWATER FACILITIES * Average Unit costs are based in 2014 dollars unless otherwise indicated and includes 20% for engineering and easements. Total Capacity Total Capital Cost ($) 20 Year Debt Service @ 5% Simple Interest Total 20 Year Project Cost ($)2018 2028 During Fee Period 2018 2028 During Fee Period 2018 2028 During Fee Period 1.30 $498,200 $301,337 $799,537 0.00 1.30 1.30 0% 100% 100% $0 $799,537 $799,537 1.30 $498,200 $301,337 $799,537 $0 $799,537 $799,537 1.60 $750,000 $453,639 $1,203,639 0.00 1.60 1.60 0% 100% 100% $0 $1,203,639 $1,203,639 1.60 $750,000 $453,639 $1,203,639 $0 $1,203,639 $1,203,639 9.01 $2,250,000 $1,360,916 $3,610,916 0.00 9.01 9.01 0% 100% 100% $0 $3,610,916 $3,610,916 9.01 $2,250,000 $1,360,916 $3,610,916 $0 $3,610,916 $3,610,916 N/A $350,000 $211,698 $561,698 N/A N/A N/A 0% 8% 8% $0 $44,936 $44,936 N/A $350,000 $211,698 $561,698 $0 $44,936 $44,936 N/A $500,000 $302,426 $802,426 N/A N/A N/A 0% 8% 8% $0 $64,194 $64,194 N/A $500,000 $302,426 $802,426 $0 $64,194 $64,194 $4,348,200 $2,630,016 $6,978,216 $0 $5,723,222 $5,723,222 (MGD) Utilized Capacity (%) Utilized Capacity ($) Utilized Capacity Pipe Number WS2 Lift Station (#20) Sweetwater Lift Station (#18) Subtotal: Jacobs Lift Station (#19) Subtotal: Subtotal: Wastewater Facilities - Project CIP Total Subtotal: NTMWD Meter Station (#22) Subtotal: Trinity Meter Station (#23) Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 26 of 27 VII. CALCULATION OF MAXIMUM IMPACT FEES - WATER & WASTEWATER SYSTEM The maximum impact fees for the water and wastewater systems are calculated separately by dividing the cost of the capital improvements or facility expansions necessitated and attributable to new development in the service area within the ten year period by the number of living units anticipated to be added to City within the ten year period as shown on the following tables. To simplify collection, we recommend the fee remain fixed throughout the 5-year period, unless changed by Council. = =$17,613,298 +$29,723,454 =$47,336,752 5,248 =$9,020.28 Use:$9,020 $9,020 x 50%=$4,510 5,248 Eligible Existing Utilized Cost + Eligible Proposed Utilized Cost Number of New LUE's over the Next 10 Years Calculated Water Impact Fee Maximum Water Impact Fee Allowable: = =$8,167,784 +$30,065,231 =$38,233,015 4,687 =$8,157.46 Use:$8,157 $8,157 x 50% $4,079 Calc. Wastewater Impact Fee Eligible Existing Utilized Cost + Eligible Proposed Utilized Cost 4,687 Number of New LUE's over the Next 10 Years Maximum Wastewater Impact Fee Allowed: Based on the Allowable Maximum Impact Fee Calculation for Water and Wastewater, Table No. 15 calculates the maximum water and wastewater (sewer) impact fee for the various sizes of water meters. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2018-133 w&ww impact fee update 2018\reports\04-report.docx - Water and Wastewater Impact Fee Update 2018-2028 Page 27 of 27 TABLE NO. 15 ALLOWABLE MAXIMUM FEE PER LIVING UNIT EQUIVALENT AND PER METER SIZE AND TYPE $4,510 $4,079 Meter Meter Maximum Impact Fee Type Size LUE Water Wastewater Total Simple 3/4" 1 $4,510 $4,079 $8,589 Simple 1" 1.7 $7,667 $6,933 $14,601 Simple 1-1/2" 3.3 $14,883 $13,459 $28,343 Simple 2" 5.3 $23,904 $21,616 $45,520 Compound 2" 5.3 $23,904 $21,616 $45,520 Turbine 2" 6.7 $30,218 $27,326 $57,544 Compound 3" 10.7 $48,259 $43,640 $91,898 Turbine 3" 16 $72,162 $65,256 $137,418 Compound 4" 16.7 $75,319 $68,111 $143,430 Turbine 4" 28 $126,284 $114,198 $240,482 Compound 6" 33.3 $150,188 $135,814 $286,002 Turbine 6" 61.3 $276,472 $250,012 $526,484 Compound 8" 53.3 $240,391 $217,384 $457,775 Turbine 8" 106.7 $481,232 $435,176 $916,408 Compound 10" 153.3 $691,405 $625,234 $1,316,639 Turbine 10" 166.7 $751,840 $679,886 $1,431,726 Turbine 12" 220 $992,231 $897,270 $1,889,501 Land Use Maximum Water Impact fee per LUE Maximum Wastewater Impact fee per LUE Single Family Residential Single Family Residential Single Family Residential Single Family Residential Commercial/Retail Commercial/Retail Commercial/Retail/Multi Family Commercial/Retail/Multi Family Commercial/Retail/Multi Family Commercial/Retail/Multi Family Industrial Industrial Industrial Industrial Industrial Industrial Industrial Note: Selection of the meter size and type shall be dependent on application, and with the input of both the applicant and City staff. 2018-2028 WATER AND WASTEWATER IMPACT FEE UPDATE BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS - TBPE Firm No. 526 11910 Greenville Ave., Suite 600, Dallas, Texas 75243 Phone (214) 361-7900 September 2018