HomeMy WebLinkAboutRes 2022-11-1306 Subdivision Improvement Agreement with Anna Crossing Partners, LLCCITY OF ANNA, TEXAS
RESOLUTION NO. 20 2 2 - 11 - 136(p
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH
ANNA CROSSING PARTNERS, LLC FOR THE DESIGN AND CONSTRUCTION OF
PUBLIC WATER AND SANITARY SEWER IMPROVEMENTS, IN A FORM APPROVED
BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, A 12-inch water main is shown in the City of Anna Water Master Plan along
State Highway 5 in front of the Waterview Apartments Development; and,
WHEREAS, the Waterview Apartments Development only requires an 8-inch water main
to provide adequate water supply; and,
WHEREAS, the City has identified a section of existing public sewer across the
Waterview Apartments project which provides a critical connection from State Highway 5
to the Slayter Creek Trunk Sewer System which is in need of replacement; and,
WHEREAS, the City was planning to replace this line as part of the City project to relocate
water and sewer infrastructure for the future widening of State Highway 5; and,
WHEREAS, Anna Crossing Partners, LLC, agrees to provide the engineering design and
construction of the identified water and sanitary sewer public improvements; and,
WHEREAS, the City of Anna agrees to reimburse the Developer for the cost to upsize
their water main from an 8-inch to a 12-inch main with Water Impact Fees in an amount
not to exceed $86,482.00; and,
WHEREAS, the City of Anna agrees to reimburse the Developer for the cost to re-
construct the 12-inch sewer main with funds from the City of Anna Utility Fund in an
amount not to exceed $104,753.00; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
the Subdivision Improvement Agreement and fund the project in an amount not to exceed
$191,235.00.
That funding for the project shall come from Water Impact Fees and the City of Anna
Utility Fund.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of September, 2022.
ATTEST:
City Secretary, Carrie Land
"""� PPROVED
Vayor, Nate Pike
Exhibit A
(see Subdivision Improvement Agreement)
WATERVIEW APARTMENTS SUBDIVISION IMPROVEMENT AGREEMENT
This The Sherley Elementary Subdivision Improvement Agreement (this "Agreement") is
entered into by and between the CITY OF ANNA, a home -rule municipality in Collin County,
Texas (the "Ci�yt " ), and Anna Crossing Partners ("Developer'), to be effective on the Effective
Date.
SECTION 1
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 located within
Collin County; and
WHEREAS, Developer and the City are sometimes collectively referenced in this
Agreement as (the "Parties,") or each individually as ("P"); and
WHEREAS, Developer owns approximately 20.799 acres of real property located in the
City, described by metes and bounds in Exhibit A (the "Pro g "); and
WHEREAS, the Property is zoned as Multi Family — 2 and shall be developed in
accordance with said zoning; and
WHEREAS, Developer desires to proceed with development of the Property to be known
as Waterview Apartments, as generally described and/or generally illustrated on the Final Plat
shown in Exhibit B (the "Final Plat"), which Development collectively totals approximately 1 lot;
and
WHEREAS, the Parties intend that the Property be developed in accordance with Final
Plat and the Development Standards agreed to under this Agreement; and
WHEREAS, Developer desires and intends to design, construct and install and/or make
financial contributions to certain Public Improvements to serve the Development; and
WHEREAS, the Parties intend for the construction, and installation of the Public
Improvements to be completed by the Developer and dedicated to the City for use and
maintenance, subject to inspection and acceptance of the Public Improvements in accordance with
this Agreement and the City Regulations; and
WHEREAS, the Developer has estimated that the costs of the Public Improvements to
serve the Property are as set forth as to said Public Improvements in the amounts shown in the
Opinion of Probable Cost in Exhibit C and that said total cost is approximately $191,235.00; and
WHEREAS, the Developer shall be solely responsible for the funding and construction of
all of the Public Improvements required to serve the Property except as expressly set forth in this
Agreement; and
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE I
WHEREAS, the Public Improvements include public water and sanitary sewer
improvements that will serve the Property and other areas not owned by the Developer; and
WHEREAS, Developer is willing to construct said improvements, including certain public
water and sanitary sewer improvements that will serve the Property and provide for additional
capacity in excess of what is necessary to serve the Property (the "Oversized Capacity"); and
WHEREAS, the Developer has estimated that the costs necessary to complete the
construction are as set forth in the amounts shown in the Infrastructure — Opinion of Probable
Construction Cost in Exhibit C and that said total cost is approximately $191,235.00; and
WHEREAS, the Developer shall be obligated to complete and construct improvements
including public water and sanitary sewer infrastructure in accordance with the plans and
specifications as set forth in Exhibit D and in accordance with the City Development Standards,
this Agreement, and other required approvals; and
WHEREAS, the City desires to share in the cost of the improvements up to a maximum
not -to -exceed amount of $191,235.00, representing the approximate amount of the cost of
construction required to provide for the public improvements; 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 the Public Improvements to
be constructed by Developer and dedicated to the City under this Agreement will benefit the
Development by positively contributing to the enhanced nature of the Development, increasing
property values within the Property, and encouraging investment and ultimate development of the
Property; and
WHEREAS, Developer understands and acknowledges that its acceptance of this
Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of
Developer's voluntary design to ensure consistency, quality, and adequate public improvements
that will benefit the Development and the Property, including without limitation Developer's
agreement to adhere to the Development Standards; and
WHEREAS, the City and Developer understand and acknowledge that the construction of
the Public Improvements and related purchasing and contracting under this Agreement are exempt
from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, the City recognizes the positive impact the Public Improvements will bring
to the City and that said improvements will promote state and local economic development,
stimulate business and commercial activity in the City for the development and diversification of
the economy of the state, promote the development and expansion of commerce in the state, and
reduce unemployment or underemployment in the state and that this agreement is a program under
Chapter 380 of the Texas Local Government Code; and
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 2
WHEREAS, nothing contained in this Agreement, shall be construed as creating a
contractual obligation that controls, waives, or supplants the City Council's legislative discretion
or functions; and
WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend
this Agreement to supersede City Regulations only to the extent that City Regulations directly
conflict with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree as follows:
SECTION 2
DEFINITIONS
Certain terms used in this Agreement are defined in this Section 2. Other terms used in
this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context
requires otherwise, the following terms shall have the meanings hereinafter set forth:
3.3(a).
Agreement means this Waterview Apartments Subdivision Improvement Agreement.
CIP Facilities means the water and sanitary sewer infrastructure facilities listed in Section
fily means the City of Anna, a home -rule municipality located in Collin County, Texas.
Cijy Code means The Anna City Code of Ordinances.
City Council means the governing body 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 that individual if the designation is in writing and signed by the
current or acting City Manager.
City Regulations means the City's applicable development regulations in effect on the
Effective Date, including without limitation City Code provisions, ordinances (including without
limitation park dedication fees), design standards (including without limitation pavement
thickness), and other policies duly adopted by the City; provided, however, that as it relates to
Public Infrastructure for any given phase, the applicable construction standards (including without
limitation uniform building codes) shall be those that the City has duly adopted at the time of the
filing of an application for a preliminary plat for that phase unless construction of said phase has
not commenced within two years of approval of such preliminary plat in which case the
construction standards shall be those that the City has duly adopted at the time that construction
commences.
Developer means the entity(ies) responsible for developing the Property in accordance with
this Agreement.
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 3
Development means The Waterview subdivision on the Property that is the subject of this
Agreement.
Development Standards mean the design specifications and construction standards
permitted or imposed under the City Regulations.
Effective Date means the effective date of this Agreement, which shall be the date upon
which all parties have fully executed and delivered this Agreement.
Final Plat means the final plat as approved by the City Council for the development of the
Property as depicted on Exhibit B.
Impact Fees means water impact fees and sanitary sewer impact fees collected by the City
for private land development within the City Limits.
Mayor means the Mayor of the City of Anna.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Public Improvements mean the improvements listed in Exhibit C and Exhibit D and all
other improvements that will be dedicated to and maintained by the City and all other on- and off -
site public water and sanitary sewer facilities, along with other public improvements to be
constructed by Developer.
Public Infrastructure means all water, wastewater/sewer, detention and drainage, and other
infrastructure necessary to serve the full development of the Property and/or to be constructed and
dedicated to the City under this Agreement. The term includes the Public Improvements.
Real Property Records of Collin County means the official land recordings of the Collin
County Clerk's Office.
SECTION 3
PUBLIC IMPROVEMENTS
3.1. Construction, Ownership, and Transfer of Public Improvements.
(a) Contract Specifications. Developer's engineers shall prepare, or cause the
preparation of, and provide the City with, contract specifications and necessary related documents
for the Public Improvements.
(b) Construction Standards, Inspections and Fees. Except as otherwise
expressly set forth in this Agreement, the Public Improvements shall be constructed and
inspected, and all applicable fees, including but not limited to Impact Fees (subject to the terms
hereof and any applicable credits or reimbursements), permit fees, and inspection fees, shall be
paid by Developer, in accordance with this Agreement, the City Regulations, and the regulations
of any other governing body or entity with jurisdiction over the Public Improvements.
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 4
(c) Contract Letting. The Parties understand that this Agreement and
construction of the Public Improvements are legally exempt from competitive bidding
requirements. Developer's engineers shall prepare, or cause the preparation of, and provide to
the City all contract specifications and necessary related documents, including the contract
proposal showing the negotiated total contract price and scope of work, for the construction of
any portion of the Public Improvements that have not been awarded.
(d) Ownership. All of the Public Improvements and Public Infrastructure shall
be owned by the City upon acceptance of them by the City. Developer agrees to take any action
reasonably required by the City to transfer, convey, or otherwise dedicate or ensure the dedication
of land, right-of-way, or easements for the Public Improvements and Public Infrastructure to the
City.
3.2 Operation and Maintenance.
(a) Upon inspection, approval, and acceptance of the Public Improvements or
any portion thereof, the City shall maintain and operate the accepted public infrastructure and
provide retail water and sewer service to the Property.
3.3 CIP Facilities
(a) The CIP Facilities include:
(1) 363 linear feet of 12" Water Main, including valves, hydrants, stub -
outs, and appurtenances
(2) 302 linear feet of 12" Sewer Main, including manholes, stub -outs,
and a connection to the existing Slayter Creek Trunk Sewer system.
(b) Developer's Obligations.
(1) Developer is solely responsible for the funding, installation, and
construction of the CIP Water and Sanitary Sewer improvements as described in Exhibit D.
Developer shall provide the City with a detailed project account of all costs associated with the
projects, including receipts, invoices, change orders, and bills paid affidavits as required for
determining the final cost of each CIP Facility.
(c) Timing of Obligations. Developer shall commence construction of the
Public Improvements on or before April 1, 2023. For the purposes of this document, "commence
construction" shall mean for the Developer to select a contractor, hold a pre -construction meeting
with the City, and engage in utility construction activities within the project site and the State
Highway 5 Right -of -Way. Developer shall complete construction of the Public Improvements in
a good and workmanlike manner on or before March 1, 2024; provided, however, Developer shall
not be responsible for any delays in the City acquiring the easements and right-of-way for
Rosamond Parkway as described below and Developer's deadlines for commencement and
completion of construction shall be extended by the same duration of any failure of the City to
timely acquire applicable easements and rights -of -way.
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 5
(d) Citv's Obligations.
(1) City shall reimburse the developer for the construction of the CIP
Facilities as set forth below. Reimbursement shall be made with a singular payment from Impact
Fees Funds for the Water CIP Facilities and Utility Fund Operating Funds for the Sewer CIP
Facilities once the City has accepted the public improvements. The City shall review the project
accounting submitted by the developer prior to initiating reimbursements. The City shall
reimburse the Developer for the lesser of:
i. $191,235.00; or the full cost to construct the CIP Facilities
3.4 Water Facilities.
(a) Developer's General Obligations. Developer is solely responsible for
funding, installation, and construction of all water improvements necessary to serve the Property.
The design of water improvements shall be provided by the City in advance of the construction
of same.
(b) Timing of General Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all water facility improvements
necessary to serve each phase of the Development prior to the recordation of the final plat
covering such phase.
3.5 Wastewater/Sanitary Sewer Facilities.
(a) Developer's General Obligations. The Developer is solely responsible for
the funding, installation, and construction of all wastewater/sanitary sewer improvements
necessary to serve the Property. The design of all wastewater/sanitary sewer improvements shall
be provided by the City in advance of the construction of same.
(b) Timing of General Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all wastewater/sanitary sewer
improvements necessary to serve each phase of the Development prior to the recordation of the
final plat covering such phase.
3.6 Water and Wastewater/Sanitary Sewer Retail Service.
(a) Subject to the terms of this Agreement, the City represents and confirms
that it currently has and reasonably expects to continue to have the capacity to provide to the
Property continuous and adequate retail water and wastewater/sanitary sewer service at times and
in amounts sufficient to meet the service demands of the Development and the Property as the
Property is developed.
(b) Upon acceptance by the City of the water and wastewater/sanitary sewer
facilities described herein, the City shall operate or cause to be operated said water and
wastewater/sanitary sewer facilities serving the Development and the Property and use them to
provide service to all customers within the Development and the Property and as otherwise
required by State law as the holder of the certificate of convenience and necessity covering the
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 6
Property. Upon acceptance by the City, the City shall at all times maintain said water and
wastewater/sanitary sewer facilities, or cause the same to be maintained, in good condition and
working order in compliance with all applicable laws and ordinances and all applicable
regulations, rules, policies, standards, and .orders of any governmental entity with jurisdiction
over same.
(c)
(d) Timing of General Obligations. Prior to the recordation of any final plat for
any phase of the Development, Developer shall complete, in a good and workmanlike manner,
construction of all roadway facilities and related improvements necessary to serve such phase in
accordance with construction plans approved by the City.
(e) Drainage/Detention Infrastructure. Developer is solely responsible for the
installing and constructing the drainage/detention infrastructure that will serve the Property and
the cost thereof. Prior to the recordation of the final plat for any phase of Development, Developer
shall complete in a good and workmanlike manner construction of the drainage/detention
improvements necessary to serve such phase. Upon inspection, approval and acceptance, City
shall maintain and operate the drainage and roadway improvements for the Property.
SECTION 4
PAYEE INFORMATION
With respect to any and every type of payment/remittance due to be paid at any time by
the City to Developer after the Effective Date under this Agreement, the name and delivery address
of the payee for such payment shall be:
Anna Crossing Partners LP
Attn: John Hickman
10210 North Central Expressway, Suite 300
Dallas, Texas 75231
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.
SECTION 5
ADDITIONAL OBLIGATIONS AND AGREEMENTS
5.1 Administration of Construction of Public Infrastructure. Subject to the terms of
this Agreement, the Parties agree that Developer will be solely responsible to construct all Public
Infrastructure. All public on -site and off -site infrastructure and all other related improvements
will be considered a public project and the City will own all such Public Infrastructure upon
completion and acceptance.
5.2 Compliance with Development Standards. Developer agrees as part of the consideration
for this Agreement that all structures, amenities, buildings, and any other vertical construction
within the Development shall meet or exceed all Development Standards and City Regulation. It
is expressly understood and the Parties agree that City Regulations and Development Standards
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 7
applicable to the Property and its use and development include but are not limited to City Code
provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the
City including without limitation any such regulations or requirements that were affected by the
passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code
("Materials and Methods Regulations"); provided, however, to the extent of any conflict between
the requirements of Materials and Methods Regulations and the requirements of this Agreement,
this Agreement shall control.
5.3 Conflicts. When not in conflict with the terms and conditions of this Agreement,
the development of the Property shall be subject to all applicable City Regulations, including but
not limited to the City's subdivision regulations and engineering design standards. In the event of
any direct conflict between this Agreement and any other ordinance, rule, regulation, standard,
policy, order, guideline, or other City adopted or City enforced requirement, whether existing on
the Effective Date or hereinafter adopted, this Agreement, including its exhibits, as applicable,
shall control. In the event of a conflict between the Concept Plan and the Development Standards,
the Development Standards shall control to the extent of the conflict.
5.4 Public Infrastructure, Generally. Except as otherwise expressly provided for in
this Agreement, Developer shall provide all Public Infrastructure necessary to serve the Property,
including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other
required improvements, at no cost to the City except as expressly provided in this Agreement and
as approved by the City Manager. Developer shall cause the installation of the Public
Infrastructure within all applicable time frames in accordance with the City Regulations unless
otherwise established in this Agreement. 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 Public Works Department prior to approval of a final
plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre -
construction conference with a City representative has been held regarding the proposed
construction and the City has issued a written notice to proceed. No final plat may be recorded in
the Real Property Records of Collin County until construction of all Public Infrastructure shown
thereon shall have been constructed, and thereafter inspected, approved and accepted by the City.
5.5 Maintenance Bonds. For each construction contract for any part of the Public
Infrastructure, Developer, or Developer's contractor, must execute a maintenance bond in
accordance with applicable City Regulations that guarantees the costs of any repairs that 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.
5.6 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy.
(a) Inspections, Generally. The City shall have the right to inspect, at any time,
the construction of all Public Infrastructure necessary to support the Development, including
water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and
street lights and signs. The City's inspections and/or approvals shall not release Developer from
its responsibility to construct, or cause the construction of, adequate Public Improvements and
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 8
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
building permits, certificates of occupancy or City utility services as to any portion of the
Development until Developer has met its obligations to provide for required Public Infrastructure
necessary to such portion according to the approved engineering plans, City Regulations and
Development Standards, and until such Public Infrastructure has been dedicated to and accepted
by the City.
(b) Ownership. 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.
(c) Approval of Plats/Plans. Approval by the City, the City's engineer, or other
City employee or representative, of any plans, designs, or specifications submitted by Developer
pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed
to be a release of the responsibility and liability of Developer or any other responsible party 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 any other responsible party, it being
the intent of the parties that approval by the City signifies only the City's approval of the general
design concept of the improvements to be constructed.
5.7 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 a "per occurrence" basis. All such insurance
shall: (i) be issued by a carrier which is rated "A-l" 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 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.
5.8 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, OFFICIALS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES
(COLLECTIVELY, THE "RELEASED PARTIES"), FROM AND AGAINST ALL THIRD-
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 9
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER,
"CLAIMS") AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, 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 OR OTHER
WRONGFUL CONDUCT OF THE DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS
RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN,
AND/OR 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 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, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT. 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
PRIOR TO THE EFFECTIVE DATE 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. THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
5.9 Status of Parties. At no time shall the City have any control over or charge of
Developer's (or its contractors') design, construction or installation of any of the Public
Infrastructure, 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
or employment relationship between the City and Developer.
SECTION 6
EVENTS OF DEFAULT; REMEDIES
6.1 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
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 10
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.
6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for
the other party's default, an aggrieved Party is limited to seeking specific performance of the other
parry's obligations under this Agreement.
6.3 Performance Window. Developer shall take all actions required under the City
Regulations and this Agreement necessary to record a final plat of the Development in the Real
Property Records of Collin County not later than 24 months after the Effective Date. If Developer
does not meet this obligation, the City may elect to terminate this Agreement by providing
Developer with written notice of such failure(s). If the City provides such written notice,
Developer shall have 120 days from the date that the City delivers said written notice in which to
cure such failure(s), plus an additional time period equal to any delay caused by the failure(s), if
any, of the City to timely meet its obligations under this Agreement. If Developer fails to timely
cure such failure(s), then the City shall be excused from its obligations under this Agreement,
including but not limited to any obligation to reimburse the Developer any amounts otherwise due
under this Agreement.
SECTION 7
ASSIGNMENT; ENCUMBRANCE
7.1 Assignment. 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 subject to this Agreement shall be freely assignable, in whole or in part, to
any affiliate or related entity of Developer, or any lien holder on the Property, without the prior
written consent of the City. Except as otherwise provided in this paragraph, the obligations,
requirements or covenants to the development of the Property shall not be assigned, in whole or in
part, by Developer to a non -affiliate or non -related entity of Developer without the prior written
consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the
assignee demonstrates financial ability to perform. Any receivables due under this Agreement
may be assigned by Developer without the consent of, but upon written notice to the City pursuant
to the terms hereof. 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
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 Parry's sale, assignment, transfer, or other conveyance of any interest in this Agreement
or the Property.
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 11
7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement
and for which notice of assignment has been provided in accordance herewith shall be considered
a "Party" for the purposes of this Agreement.
7.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement
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.
7.4 Notice of Assignment. The following requirements shall apply in the event that
Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or
any of its rights or benefits under this Agreement: (i) Developer must provide written notice to the
City to the extent required under this section at least fifteen (15) business days in advance of any
such sale, assignment, transfer, or other conveyance; (ii) said notice must describe the extent to
which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise
conveyed; (iii) said notice must state the name, mailing address, telephone contact information,
and, if known, email address, of the person(s) that will acquire any rights or benefits as a result of
any such sale, assignment, transfer or other conveyance; and (iv) said notice must be signed by a
duly authorized person representing 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.
SECTION 8
RECORDATION AND ESTOPPEL CERTIFICATES
8.1 Binding_ Obligations. This Agreement and all amendments thereto and
assignments hereof shall be recorded in the Real Property records of Collin County. This
Agreement binds and constitutes a covenant running with the Property and, upon the Effective
Date, is binding upon 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.
8.2 Estoppel Certificates. From time to time, upon written request of Developer or
any future owner, and upon the payment to the City of a $500.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, including without
limitation attorney's fees and related costs, the City Manager, or his/her designee will, in his/her
official capacity and to his/her reasonable knowledge and belief, execute a written estoppel
certificate identifying any obligations of an owner under this Agreement that are in default.
SECTION 9
GENERAL PROVISIONS
9.1 Term. Except with respect to any earlier termination effected under this
Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the
expiration of five (5) years after the Effective Date, whichever occurs earlier.
9.2 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
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 12
Agreement; and (c) 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
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.
9.3 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
delivered personally or upon the expiration of 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: City of Anna, Texas
Attn: City Manager
111 N. Powell Parkway
Anna, TX 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Developer: Provident Realty Advisors
Attn: John Hickman
10210 North Central Expressway, Suite 300
Dallas, Texas 75231
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.
9.4 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.
9.5 Time. In this Agreement, time is of the essence and compliance with the times
for performance herein is required.
9.6 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
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 13
been approved by appropriate action of Developer, and that each individual executing this
Agreement on behalf of 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.
9.7 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 (c) 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.
9.8 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.
9.9 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.
9.10 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.
9.11 Force Majeure. 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.
9.12 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. By entering
into this Agreement, the Parties understand and agree that any previous agreements or
understanding between the parties are null and void.
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 14
9.13 Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is hereby
acknowledged.
9.14 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Final Plat
Exhibit C Water and Sanitary Sewer Improvements — Opinion of Probable
Construction Cost
Exhibit D Water and Sanitary Sewer Improvements — Plans and Specifications
[SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 15
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA
By:�//
Name: Nate Pike
Title: Ma or
Date: 1
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this q r day of Alg obey 2021,
Nate Pike, Mayor of the City of Anna, Texas, on behalf of said City.
CARRIE L. LAND
y: My Notary ID#11419404
'•..';y i`" Expires February 4, 2023
[SEAL]
Notary Public, State of Texas
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT
DEVELOPER:
ANNA CROSSING PARTNERS LP,
a Texas limited partnership
By: Anna Crossing Partners GP LLC,
a Texas limited liability company,
its general partner
By: Village Communities Development Corporation,
a Texas nonprofit public facility corporation,
its managing member
By:
Name: Antonio D. Williams
Title: Secretary
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 20223by
of Anna Crossing Partners, a Texas Limited
Liability Corporation.
Notary Public in and for the State of Texas
WATERVIEW SUBDIVISION IMPROVMENT AGREEMENT PAGE 17
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
STATE OF TEXAS 0
COUNTY OF COLLIN $
am A cot 20790 ACRES TRACE W LAND 2S1t = N 1EE RMI0915d1 2w1N StM a. AOSi = ML 71S N 11E 02T W
NON N x1m UP= Tllm am rw FAY[ =cr W = N SpEm fARal l 11tm W MN 21. U A
R1M1tND M OOCLNE2T IDS m1911010013UM RFONL F= ItW= CM CW=.11101i (OPJL=46 0 1=
PFiQI0tRN11f OFSCRaL 11m v ilm AID 11t2os A3 POim
9FO1 AT A IA NW RON NO MW FORM NORC MU NORR= C=0 W SAD MN 21 ?WZF AM = NOR31=
=Mit W A ma W 1A10 mm N = W mm D. l xzm ND WE A3Fm 0. "am RtCOimW N Vmw
2001, PIIOE 131, GP.R+C.C.T. NO EAF>fl0 N TK W= UK W A Catlin 40 XMI TRQ W LAID � N MW W
CRM Pcw 131it01 AMK REOORm N DOOtO m mm t1010?21tD00100t40.OPAc=
Tl a SWM OO ORMFF3 27 MMRS 4 SEOONDS MS7 1OH 11E OR W W FAD AMU It TRACT AND MR LO OF $AD
WNW TRACT; A MTA= W IVAr FM W A iA M RM AM MM Fat UK =MMEST COf4Dt W SAD VMM
110a ND I WAM ww W A rw W L m t2310R8E11 AS WJ= CME NO) Ma 110 N MW W RW AFUMD
O LUK FMMM N VOWIE 4331. PAGE 8106 OPA=4
1MICE == 00 DfOIFl9 42 WOO 33 51== LEST. QM4K D itRN 11E EASMU 1NE of SAD AM% 2t 1R7LT NO
UR LK W SAD RW APOaROItC CMRIM W= A =NU W NX FW W A 1/1 ON21 EON IOD MW FOR ME
3O mm OOMOt or SAD MST APOSNIC *am Ma TOO Nm RL awmat W SAD am 21 T2AC[;
DDOE tmt2R v DEaats 33 tM ms 21 smmm WL mm RE N MIN LK W t9ED MM 21 = a No mm 1NE W
SAD RW MUSU C CHUM V= 111% A f2SfANCE W MM RU TO A 1/2 NM NON 1100 MW MR IM =MG
ORODt OF A ma W WO on== N Km W am wm I muk SFL rI AO En MAT IIA6110011 CLK
BUM RB W= N DOMW NL 02-016M CLPAOrC.T. AiD ELL MM OF SAD AM 21 V$M
11OU 10= 04 MM tO NO= 33 t+iC01M IW.11M BE VW = M SAD II=O01 INC AND EAST UE W SAD
AMR 2t 1RAQ. A D6LRICL W 00,40 FW W A iA 90 = NW FOM FOR IN 8OOt1MESl OOMOt OF SAD 11==
TRACE AIO ILL CHAR W SW NNA 21 TRACR
RORI St21M A 1 34 11W= 33 == 17ST. NM IM W= tNE W 1010 L== 1RALT AND MIRO1 UE W
90 MN 21 TRAM A W 17400 FEET W A" NRI NON Nf0 WWM UM Wr RAND Fill RE SOtfMFA9T
C== OF SAD IIL13W011 Ma AND AMU OOR 0 OF SW MU 21 1RACf AD 1DND N iM IIF3i= RIM OF-W
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UM iLM 2C VSMY UK OF 30 AMA 21 11= NC IIEE1111Y LIME OF SAD SWE NNW NM 0 AKA. FOIDL
NVIM W 11E MUM C== ND OtS XCM
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MW FOM Fat OOFtI0
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RDr Fa m MR com
M= a OUIEES 31 MWMS 21 S aiM FA3i A DtlW= W 107.11 FEU W A H/N MW M NOD U M M -0=
MV MW FOR COO
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17L0f Or FOLIO FOR IiE D=U 62M RT 0=0 OF SAD NON M ROAR AND ml In'ST COMM W A CUM 03417
AaE TRACT OF tN0 tO0H1lD N 0m W uL ARO mamsoQ OIC. ommm N mm 0N24. RV2E 101. GPA=4"
mm NONM 70 mmn 40 wam 17 S#M01 IM LR71RRN0 TIE MUM LK W $0 V= F10EW ID. 1 AU
polU FDA0. AID MR iM St = UE M SAD NO 21 90 ND N= L1N OF SAD Ul N0 =N=W 1RACL A
OOiLY10E W ma Flu W A 0 I= OOH ROD two FON THE M>R0mw axm or m U& mm TARIRMSOt13 TR o
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l F l. N DO{iMfF K 2013tCt00O14277A, OPA .;
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COMM AID M41m
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com
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emmm
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omm
Ti a == M Oti1Ef3 43 IMOt1ES 24 SUM KSL A Q== W 231.30 FELT 10 A 0/0 NN DON NOD FOt3D 11M
ELL One W SAD NON 21 TRACE N0 NDiOIMV COW A OF SAD NON WADE W44.,
MM SWM OS MW 40 MUM 20 SMOID4 VIEST. V[M RE IEST LNN W 90 MR WAGE TRACE NO Off UE OF
SAD NIM 11 TMa, A 014fAMt W MM FF U W A 1/2 01f11 =ROD FOM FOR SIC NOR N= MGM W A WO OF
A CA lrfl 2.47 AWn =a W INID RSfilaD N mm W X9 A mm A me WE WMK am I== N vmwz
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mu NORM 71 m 00 NNW 40 sflovOs tEsi im UK MM UE W SAD alra ma (114sm pm mm
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DE9C = N KM W Ott RLOUAS =1 AND WM NN P=L 11i81l V AND i1FL F11tI = N DOttA19R ML
2OOF0017001101430. 0,PACJ:T.
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UE W SAD PGOLE m= me Am 0ND CDM K OF smm cim PIlq % I TM: 11=1vam 000EJt W SAD ME
MU NO SOUOEASRAY CMU OF A MW 7311 ACM =a W UM OFSti7 = N RID W MM 1=0 OME Or
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TIE W= LNE W SW OOtLWtt iM ND ALOIM SAD ==K W StA = OiRf1f, A D6UINE W K3I FEET 10 A
POOR WN uFmm
TIDRE NORM 20 OFnOM 8 IM1M 00 Im010 FAST. MUM AM W iESTW LK OF SAD PM 21 MV NO
TIE VSMV LK OF MW CUM 00 NO NOD SM2 CFRt AW OF RMU aEEK 0iIOS10 IK OMMO N 0=0
OF A OUED $A X=13W OF LNG tIE5OM N ORA W WAN = CO4 U06 REDOROLO N MW 4017. PAGE 21K
CLPX=. AID COMMM FOR A 10L OtLTM W 140M FM W A FM Fal COMM
ADICE am TIE tuou WE W SAD Wam LNG CO., LW. MT. IIE EAItFw LN W 0AD NON i1 Tw NO NR1
11E COMM E OF 1AD "= am AE FaLmG OOtm ND Od1/4Om
MM 13 003M OD klIM 00 SMMM FAST. A OEM= W t7527 fill W A FOW FM COMM
1MM 34 M=n 24 MM m SECOIM SM A 01 - W Oita FEET W A POND FOR OODER;
NRRN 041 29 MM 01 SEOM IM A OMM W SIM FW W A FM Fat G=M
WM 47 O MEM 03 MM 14 SEODIDI FAST, A MUM W O&V FEET 10 A POIff FOR O X NR
NOR1N 30 DDCWES 30 MIF = 36 SM M Mr. A DFaMM OF 7120 FEET W A PONE FOR =0k
M7RM a OOMES = M1= 41 10=01 I = A 0R3 = W = 0 FW W A POW FOR COMM
IDION 07 DWO SS 31 tOI1t U 04 SW= LW. A EDUCE OF tLU FW'M A FM RN OMM
IM111 03 W N8 10 MUM 37 St MS 1ASF. A NUMCE W It= FEU W A FiMR FOR Ci70 n
NOON 15 OFi1tFFS M MNORS 00 7 CM= i1= A OlS01O[ W 111J1 FW M A FM FOR OOMDC
V= K= 26 eta 34 1M1W 20 tm = FAST. A C I=U W 0007 FEET W A POOR FOR COO N IM SO<fRl
INE WSW t3101S POOR OLNCH NN4 TWO.
rd= WM DO DED W 12 M01{IIES 03 SEOOND3 FAST. MOM IN C9MAK W $0 StMM OW ND RM TiE
W= t0E W SAD AWN 21 lWa AND SM UK W SW al= POW CUM M % 7M. A 03T10ME OF 277JH FST W
A MIL FOW FOR Cm Rim
mm mm a OOMit 44 mm as Mom vor. ccNm D iDN 1w 1amN LK or SAD Am it twa AID mm
LK W SAD CND42 PM OWCH AMN lWa A t1Y011a W 13LIS FEU W A NAL FOM FOR 0=04
RDICE N2ON 97 OMKM 40 WSM 31 6=01 Mr. ONUM MR THE 11M UN OF $0 MIR 21 WACf ND SOtf01
LK OP WO 0051 PONE MOM AMR TRACT, A OISNU OF 19M FW W DE POOR W 8611RO, NO OOMfMW^ ixtlM
De no me wim mm PiIOIfFA 20.719 At7 m (w0 w a FTJ MORE at LESS.
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EXHIBIT A
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VNOJfcivw0.10], -0000
FINAL PLAT
WATERVIEW
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20.0085
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1 of 3
Exhibit C
OPINION OF PROBABLE CONSTRUCTION COST
cote
WATERVIEW APARTMENTS
OPINION OF
10117120D
PROBABLE COST - WATERVIEW APARTMENTS
NO.
JOESOUPTION
I UNIT
IQUANnTyl UNIT COST
I TOTAL
PROJECT ITEMS
I
REMOVAL OF VNPROVEMENTS
LS
1
S2,SW.OD
SZ,5WOO
2
MOBAUZATION
Ls
1
SSDMO.00
55.0DOOO
3
EXCAVATION
CT
21S
SIS.00
53,225.00
A
1TX8'TEE
EACH
A
52.900.00
531,6MO.OD
s
8'GATEVALVE
EACH
a
$1.550.00
$6,200.W
6
12'GATEVALVE
EACH
a
52.600.00
$10,000-00
7
12' AWWA C900 PVC WATER MAIN
LF
363
$95DO
S34,685.00
8
CONNECTTO Ef=NG MAIN
LAM
I
51,20DO0
$1.200 DO
9
GRANULAR FILL
CY
108
$20m
$2, WOO
10
PRESSURE TEST
EACH
I
$850.00
56.SOA0
12
JIUCTERIA TEST
I EACH
I 1
1 $1,000.00
51,000.00
ROADWAY -SUBTOTAL
$78,620.00
TIONSTRUCTION-SUSTOTALl
$78.620.00
CONTINGENCY O0Y,1
1 57.S 2 CU
COWRUCTIONTOTALl
$86.482.00
cote
WATERVIEW APARTMENTS
OPINION OF PROBABLE COST- WATERVIEW APARTMENTS
10/17/2022
NO.
IDESCRWrWN
I UNIT
IQUANT"Yl UNIT COST
I TOTAL
PROJECT LFEMS
EXCAVATION
CV
1,413
$IS.00
$21,2704D
REMOVAL OF EXISTING POPP.3: ENT E NI S
IS
1
SSA00-00
$S,OOD D0
CONNECTTOEIOSFINGMANHOLE
EA
1
$2OMO00
S2,OI0-W
TEMPORARY BYPASS OF EXISTING MAIN
LS
I
SISAODA0
$15,000.00
F63
MORALIZATION
LS
1
SSA D.00
SSDDO-00
IT PVC ISDR-35
IE
302
$50.00
$ISIW-00
MANHOLE
EA
I
53,50O.DO
$3--OD.00
GRANULAR FILL
CY
1,418
$20DO
528,WOW
ROADWAY
-SUBTOTAL
$95, MOD
CONSTRUCTION-SUBTQTAL
$95,230.00
COMINGENCY ISO%J
$9,523CC
CONSTRUCTIONTOTAL
S1ansm
Exhibit D
ENGINEERING PLAN
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