HomeMy WebLinkAboutRes 2023-02-1380 Impact Fee Reimbursement Agreement- Qualico Developments U.S. Incorporated for the Leonard Trails Dev.CITY OF ANNA, TEXAS
RESOLUTION NO. 2623-0a-138G
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT WITH
QUALICO DEVELOPMENTS U.S., INCORPORATED FOR THE CONSTRUCTION OF
PUBLIC ROADWAY, WATER, AND SANITARY SEWER IMPROVEMENTS, IN A
FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Qualico Developments, Incorporated is seeking to develop property south of
Farm to Market Road 455 and east of the DART rail line; and,
WHEREAS, Leonard Avenue is shown in the Master Thoroughfare Plan for the City of
Anna, Texas as a major arterial; and,
WHEREAS, there is proposed Water and Sanitary Sewer Infrastructure shown in the City
of Anna Water Master Plan and Wastewater Master Plan which is on, across, and
adjacent to the subject property; and,
WHEREAS, the City has identified the construction of Leonard Avenue from FM 455 to
Finley Boulevard as a critical infrastructure project for the City; and,
WHEREAS, Qualico Developments U.S., Incorporated, agrees to provide the design and
construction of the identified roadway, water, and sanitary sewer improvements in
accordance with the City of Anna design standards and regulations, subject to Impact
Fee reimbursement from the City of Anna; and,
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.
Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
the Impact Fee Reimbursement Agreement in a form approved by the City Attorney.
That funding for the project shall come from Roadway, Water, and Wastewater Impact
Fees.
Impact Fee Reimbursement Agreement — Page 1
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 140,1
day of February 2023.
ATTEST:
APPROVElzm4
Mayor, Nate Pike
Impact Fee Reimbursement Agreement- Page 2
Exhibit A
(see Impact Fee Reimbursement Agreement)
Impact Fee Reimbursement Agreement Page 3
IMPACT FEE REIMBURSEMENT AGREEMENT
FOR LEONARD TRAILS DEVELOPMENT
This Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and between
the City of Anna, Texas (the "City") and Qualico Developments (U.S.), Incorporated, a Delaware
Corporation (the "Developer").
WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as
the "Parties," or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement shall supersede any previous agreement
between the Parties regarding the subject matter hereof; and
WHEREAS, Developer desires to develop certain real property in Collin County, Texas,
composed of approximately 97.646 acres of land located entirely within the corporate limits of the
City of Anna, more particularly described in the attached Exhibit A (the "Property"); and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Agreement and said recitals constitute representations by the Parties.
SECTION 2 DEFINITIONS
City Approval Date has the meaning ascribed to that term in Section 3(a).
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person designated
to act on behalf of the City Manager with respect to this Agreement if the designation is in writing
and signed by the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, and uniform codes,
duly adopted by the City.
Collected Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1).
Developer's Design Cost, with respect to the Roadway, Water and Sanitary Sewer Project, means:
the dollar amount actually paid by or on behalf of Developer for the engineering, design, and land
surveying of the Roadway Project, which shall generally include but not be limited to the items
listed in the cost breakdown attached hereto as Exhibit F. City inspection fees shall not be included
in Developer's Design Cost.
Impact Fee Reimbursement Agreement — Page 1
Final Reimbursement Amount, with respect to the Roadway Project, Sanitary Sewer Project, and
Water Project, means a dollar amount equal to the lesser of:
1. The total roadway, water and sanitary sewer impact fees collected from the Impact
Fee Reimbursement Area
2. The Developer's final design and construction costs for the Roadway Project,
Water Project and the Sanitary Sewer Project.
3. The cost estimate for the City's contribution for each project as shown in Exhibit
F, attached as:
a. Roadway Impact Fee Reimbursement - $1,942,318
b. Sanitary Sewer Impact Fee Reimbursement - $438,203
c. Water Impact Fee Reimbursement - $152,932
Impact Fee Reimbursement Area means real property as shown in Exhibit B attached.
Reimbursement has the meaning ascribed to that term in Section 4(b)(1).
Roadway Improvements means right of way preparation, paving excavation, construction of
concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement
markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a
complete roadway system for the Roadway Project.
Roadway Project means the design of Leonard Avenue Roadway Improvements generally
described, without limitation, as the design of a 4-lane divided roadway complete with an
underground drainage system and associated public water and sanitary sewer improvements which
are located within the road corridor and generally depicted in Exhibit C, attached hereto, and in
accordance with construction plan(s) approved by the City.
Sanitary Sewer Improvements means easement preparation, paving excavation, construction of
sanitary sewer mains, manholes, sewer laterals, installation of new or additional pumps, wet wells,
sewer structures, installation of new or additional electronic equipment and SCADA systems, and
any other improvements necessary for a complete sanitary sewer system for the Sanitary Sewer
Project.
Sanitary Sewer Project means the design and construction of an off -site sewer main and lift station
upgrades generally described, without limitation, as a 10-inch sanitary sewer main with manholes
and associated laterals, and improvements to the existing Anna Crossing Sanitary Sewer Lift
Station as required to provide adequate capacity for the development of the subject property, and
generally depicted in Exhibit D, attached hereto, and in accordance with construction plan(s)
approved by the City.
Impact Fee Reimbursement Agreement- Page 2
Water Improvements means easement preparation, paving excavation, construction of water mains,
valves, hydrants, and appurtenances, and any other improvements necessary for a complete public
Water Project.
Water Project means the design and construction of a public water main in the Leonard Avenue
Right -of -Way from FM 455 to the south property line of the subject property, generally described,
without limitation, as a 12-inch water main with valves, hydrants, and appurtenances, as required
to provide adequate capacity for the development of the subject property and in accordance with
the City of Anna Water Master Plan, and generally depicted in Exhibit E, attached hereto, and in
accordance with construction plan(s) approved by the City.
SECTION 3 GENERAL PROVISIONS
(a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project,
the Water Project and the Sanitary Sewer Project, and before the City has accepted the
Roadway Project, Water Project and Sanitary Sewer Project, Developer shall provide the City
Manager with documentation reasonably acceptable to the City Manager evidencing
Developer's Design and Construction Costs. The City Manager shall review the
documentation provided and shall approve or deny Developer's Design and Construction
Costs within fifteen (15) business days of receipt thereof (which approvals shall not be
unreasonably withheld). If the City Manager takes no action within such fifteen (15) day
period, the documentation and Developer's Design and Construction Costs shall be deemed
approved. Upon approval (or deemed approval) of Developer's Design and Construction
Costs, the City shall issue a written acceptance letter to Developer, which shall signify final
acceptance by the City of the Roadway Project, the Water Project and the Sanitary Sewer
Project (referred to as the "City Acceptance Date").
(b) 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 Developer's engineer, its 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 and that the design plans and specifications meet the requirements of the
City Regulations.
(c) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time
when the Roadway Project is under design: (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.
Impact Fee Reimbursement Agreement- Page 3
Such insurance shall also cover any and all claims which might arise out of the Roadway
Project design contracts, whether by Developer, a contractor, subcontractor, engineer,
materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance
shall: (i) be issued by a carrier which is rated "A-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 design 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.
(d) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO
INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES,
EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER
CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS,
SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR
EMPLOYEES IN CONNECTION WITH THE DESIGN OF THE ROADWAY
PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY
PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS
AGREEMENT. IF THE ROADWAY PROJECT IS CONSTRUCTED BY DEVELOPER
AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE
DESIGN OF THE ROADWAY PROJECT BY DEVELOPER AND THE SUBJECT OF
THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR
PROCEDURES UTILIZED FOR SAID DESIGN. THIS AGREEMENT DOES NOT
CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER.
DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR
SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO
HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY
WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S
REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER
OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT.
NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS
AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND,
OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING ANYTHING
TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND
Impact Fee Reimbursement Agreement- Page 4
HOLD HARMLESS PROVISION SHALL ONLY APPLY TO DEVELOPER IF
DEVELOPER CONSTRUCTS THE ROADWAY PROJECT.
SECTION 4 ROADWAY PROJECT, WATER PROJECT AND SANITARY SEWER
PROJECT
(a) Developer Obligations.
As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees
to design and construct the Roadway Improvements, Sanitary Sewer Improvements, and
Water Improvements. Developer agrees to commence design within 60 days of execution of
this agreement and commence construction within 365 days of the execution of this agreement.
(b) City Obligations
(1) City shall acquire the necessary off -site easements and rights -of -way required for the
Roadway Project, Sanitary Sewer Project, and the Water Project within 90 days of the
City approval of the Developer's engineering design plans (construction plans). If the
City is unable to acquire the necessary easements and rights -of -way within such a period
of time, the City hereby agrees to utilize the condemnation authority of the City to acquire
the necessary easements and rights -of -way for the projects.
(2) In accordance with City Regulations and state law, the City shall provide the Developer
with payments equal to the Final Reimbursement Amount. The reimbursement payments
shall be made by the City to the Developer on a quarterly basis as impact fees are received
from building permits within the Impact Fee Reimbursement Area until the Final
Reimbursement Amount for the Design and Construction Cost has been paid in full.
(3) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this
Agreement shall expire on December 31 in the tenth year after the City Approval Date.
SECTION 5 EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this
Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary.
The City's duties and obligations hereunder shall not arise unless and until all Parties have duly
executed this Agreement.
SECTION 6 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of
the terms of this Agreement.
SECTION 7 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants under this Agreement shall bind Developer and its successors
and assigns.
Impact Fee Reimbursement Agreement- Page 5
(b) Except for future owners of all or a portion of the Property, this Agreement shall not be
assignable by Developer without the prior written consent of the City.
SECTION 8 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto
are the properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that
any necessary resolutions or other act extending such authority have been duly passed and are
now in full force and effect.
(b) Notice. All notices, demands or other communications required or provided hereunder shall
be in writing and shall be deemed to have been given on the earlier to occur of actual receipt
or three (3) days after the same are given by hand delivery or deposited in the United States
mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties
at the addresses set forth below or at such other addresses as such Parties may designate by
written notice to the other Parties in accordance with this notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Developer: Qualico Developments (U.S.), Inc.
Attn: John Vick
6950 TPC Drive, Suite 150
McKinney, TX 75070
(c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties
and cannot be varied or terminated except as set forth in this Agreement, or by written
agreement of all Parties expressly amending the terms of this Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to
be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement
shall remain in full force and effect and the unlawful provision shall be replaced with a
provision as similar in terms and effect to such unlawful provision as may be valid, legal and
enforceable.
Impact Fee Reimbursement Agreement- Page 6
(f) Representation. Each signatory representing this Agreement has been read by the party for
which this Agreement is executed and that such Party has had an opportunity to confer with
its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress
and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to
enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit
or waive such Party's right thereafter to enforce and compel strict compliance of the
Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto.
The language of all parts of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to be construed against
any Party shall not apply. Headings in this Agreement are for the convenience of the Parties
and are not intended to be used in construing this document.
(j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties
hereto and is not intended to and shall not confer any rights or benefits on any third party not
a signatory hereto.
(k) Counterparts. This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
(1) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will
be deemed to constitute a waiver of any other provision or any other agreement among the
Parties. No waiver of any provision of this Agreement will be deemed to constitute a
continuing waiver unless expressly provided for by written amendment to this Agreement;
nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent
defaults of the same type. Nothing herein shall waive any obligations of Developer under
applicable City Regulations.
[SIGNATURE PAGES FOLLOW,
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Impact Fee Reimbursement Agreement- Page 7
Qualico Developments (U.S.), Inc.,
a Delaware corporation
By:
Name: John Vick
Title: Assistant Secretary
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
-t h
Before me, the undersigned notary public, on the day of dY 2023, personally
appeared John Vick, 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 Assistant
Secretary of Qualico Developments (U.S.), a Delaware corporation.
MAd4 W1
Notary Public, State of Texas
(SEAL)
MADISON MCCABE
n_Notary Public, State of Texas
�V:. -VE Comm. Expires 01-08-2024
Notary ID 130489997
Impact Fee Reimbursement Agreement — Signature Page
CITY OF ANNA
By:
y enderson, Interim City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the 1 day of jEf3o rua42023, personally
appeared Ryan Henderson, known to me (or proved 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 Interim City Manager of the City of Anna, Texas.
otary Public, State of Texas
JEOVANNA RUBIO
(SEAL) '.P....
Notary Public, State of Texas
Comm. Expires 10-03-2026
Notary ID 133995676
Impact Fee Reimbursement Agreement — Signature Page
ATTACHMENTS
Exhibit A - The Property (legal description and drawing)
Exhibit B — Impact Fee Reimbursement Area
Exhibit C — Roadway Project
Exhibit D — Sanitary Sewer Project
Exhibit E — Water Project
Exhibit F — Cost Estimate (including design and construction)
Impact Fee Reimbursement Agreement — Signature Page
EXHIBIT A
I e rroperty
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Impact Fee Reimbursement Agreement — Exhibit A
PROPERTY DESCRIPTION
SITUATED in the State of Texas, County of Collin and City of Anna, being part of the Granderson Stark
Survey, Abstract No. 798, being all of a Tract 2: 62.485 acre tract as recorded under County Clerk No.
20211215002524980 and all of a Tract 1: 35.161 acre tract as recorded under County Clerk No.
20220106000036410 of the Collin County Land Records with said premises being more particularly
described by metes and bounds as follows:
BEGINNING at a 4"x4" concrete monument found marking the southeast corner of said 62.485 are
tract, the southwest corner of said 35.161 acre tract, and being in the north line of a called 103.347 acre
tract as recorded under County Clerk No. 20150730000952300 of the Collin County Land Records;
THENCE with the south line of said 62.485 acre tract, and the north line of said called 103.347 acre
tract, North 89'49'55" W, passing at 662.00 feet a 4"x4" concrete monument found on line for
reference, continuing with the south line of said 62.485 acre tract and passing at 1,279.75 feet a Carter
& Burgess 5/8" capped iron rod found on line, and continuing for a total distance of 2027.59 feet to a
point marking the southwest corner of said 62.485 acre tracts, said corner being 50 feet from the
centerline of the D.A.R.T. Railway, from which a railroad spike found in a wooden fence corner post
bears for reference North 59"23'41" East, 1.66 feet;
THENCE with the west line of said 62.485 acre tract, and being 50 feet east of and parallel to the
centerline of said D.A.R.T. Railway, North 00°50'40" East, 1,166.45 feet to a Roome capped iron rod
found marking the westerly most northwest corner of said 62.485 acre tract, and the southwest corner
of a 15.00 acre tract "save and excepted" tract;
THENCE with a north line of said 62.485 acre tract, and the south line of said "save and except" 15.00
acre tract, South 89°09'20" East, 1,121.41 feet to a Roome capped iron rod found for corner in the
approximate middle of a Lone Gas pipeline, and marking an interior corner of said 62.485 acre tract, and
the southeast corner of said "save and except 15.00 acre tract";
THENCE with a common line between said 62.485 acre tract and said "save and except 15 acre tract,
and with the approximate middle of said Lone Star Gas pipeline, North 20'11'43" East, 572.12 feet to a
Roome capped iron rod found for corner in a north line of said 62.485 acre tract, said iron marking the
northeast corner of said "save and except 15.00 acre tract", and being in the south line of a 2.028 acre
right-of-way line for F.M. 455 (White Street), as recorded in Volume 685, Page 331 of the Collin County
Land Records;
THENCE with the south right-of-way line of F.M. 455 (White Street), a north line of said 62.485 acre
tract, North 88`34'45" East, 37.25 feet to a Roome capped iron rod found marking the southeast corner
of said 2.028 acre right-of-way tract, and an ell corner of said 62.485 acre tract, and the southwest
corner of Collin County called 1.051 acre road easement as recorded in Volume 685, Page 324 of the
Collin County Land Records;
THENCE with a west line of said 62.485 acre tract, the west line of said called 1.051 acre right-of-way
tract, and the east line of said 2.028 acre right-of-way tract, North 00015'32" East, 74.83 feet to a Roome
capped iron rod found marking the northwest corner of said 1.051 acre right-of-way tract, and the
northerly most northwest corner of said 62.485 acre tract;
Impact Fee Reimbursement Agreement — Exhibit A
THENCE with the northerly most north line of 62.485 acre tract, and the north line of said 1.051 acre
right-of-way tract, South 89°50'28" East, 363.61 feet to a Roome capped iron rod found marking the
northerly most northeast corner of said 62.485 acre tract, and the northwest corner of a 0.67 acre tract
as recorded under County Clerk No. 20170811001075300 of the Collin County Land Records;
THENCE with the east line of 62.485 acre tract, and the west line of said 0.67 acre tract, South
00008'33" West, 310.76 feet to a Roome capped iron rod found marking the southwest corner of said
0.67 acre tract, and an interior ell corner of said 62.485 acre tract;
THENCE with a north line of said 62.485 acre tract, the south line of said 0.67 acre tract, the south
line of a 0.792 acre tract and 0.59 acre tract as recorded in Volume 1487, Page 677 and Volume 6049,
Page 4566 of the Collin County Land Records, North 89'*10'32" East, 292.29 feet to a Roome capped iron
rod found marking the southeast corner of said 0.59 acre tract, the easterly most northeast corner of
said 62.485 acre tract, and being in the west line of a 1.00 acre tract as recorded in Volume 4790, Page
2324 of the Collin County Land Records;
THENCE with the east line of said 62.485 acre tract, and the west line of said 1.00 acre tract, South
00°27'08" East, 79.74 feet to a Carter & Burgess capped iron rod found marking the southwest corner of
said 1.00 acre tract, and the northwest corner of the aforementioned 35.161 acre tract;
THENCE North 88024'06" East, with the north line of said 35.161 acre tract, passing at 128.73 feet the
southeast corner of said 1.00 acre tract, the southwest corner of a 0.780 acre tract as recorded in
Volume 1671, Page 563 of the Collin County Land Records, continuing for a total distance of 228.60 feet
to a W iron rod found marking the southeast corner of said 0.780 acre tract, and marking an ell corner
of said 35.161 acre tract;
THENCE North 0003641" East, 145.29 feet with the east line of said 0.780 acre tract, and a west line
of said 35.161 to a W iron rod found marking the southwest corner of a called 0.491 acre tract as
recorded under County Clerk No. 20200722001149630 of the Collin County Land Records, and marking
an ell corner of said 35.161 acre tract;
THENCE North 88033'26" East, 109.96 feet with the south line of said 0.491 acre tract, and a north
line of said 35.161 acre tract to a %2" iron rod found marking its southwest corner, an ell corner of said
35.161 acre tract, and being in the west line of a called 1.50 acre tract as recorded under County Clerk
No. 1997013000007700 of the Collin County Land Records;
THENCE South 00018'51" West, 145.18 feet with the west line of said 1.50 acre tract, and a west line
of said 35.161 acre tract to a point for corner in a 5" Hackberry Tree marking its southwest corner of said
1.50 acre tract, and an ell corner of said 35.161 acre tract;
THENCE North 88016'13" East, 198.34 feet with the south line of said 1.50 acre tract and a north line
of said 35.161 acre tract to a %" iron rod found marking the southeast corner of said 1.50 acre tract, and
an ell corner of said 35.161 acre tract;
THENCE North 00024'04" East, 328.55 feet with the east line of said 1.50 acre tract, and a west line of
said 35.161 to a %" iron rod found in the south right-of-way line of F.M. 455 (E. White Street -a variable
width right-of-way), said iron marking the northeast corner of said 1.50 acre tract, and the most
Impact Fee Reimbursement Agreement — Exhibit A
northerly northwest corner of said 35.161 acre tract;
THENCE with the south right-of-way line of F. M. 455 (E. White Street) and the most northerly north
line of said 35.161 acre tract, North 88°37'54" East, 368.12 feet (Basis of Bearings) to a Roome capped
iron rod found marking the northeast corner of said 35.161 acre tract, and the northwest corner of a
70.322 acre tract;
THENCE departing said roadway, and with a common line between said 35.161 acre tract and 70.322
acre tract, South 00*03'55" West, 1,737.50 feet to Roome capped iron rod found marking the southeast
corner of said 35.161 acre tract, the southwest corner of said 70.322 acre tract, and being in the north
line of the aforementioned 103.347 acre tract;
THENCE with the general course of a barbed wire fence along the south line of said 35.161 acre tract,
and the north line of said 103.347 acre tract as follows: North 89021'55" West, 165.30 feet to a point for
corner; North 89051'25" West, 341.36 feet to a point for corner; and South 89055'05" West, 475.71 feet
to the place of beginning and containing 97.646 gross acres of land
Impact Fee Reimbursement Agreement — Exhibit A
EXHIBIT B
Impact Fee Reimbursement Area
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Impact Fee Reimbursement Agreement — Exhibit B
EXHIBIT C
The Road Project
Ta-
E -7 -
14''.�
1 i .
9
Impact Fee Reimbursement Agreement — Exhibit C
EXHIBIT D
The Sanitary Sewer Project
Impact Fee Reimbursement Agreement— Exhibit D
EXHIBIT E
The Water Project
Impact Fee Reimbursement Agreement - Exhibit E
EXHIBIT F
Breakdown of Costs'
PRELIMINARY OPINION OF DEVELOPMENT COST -REV RS
LEONARD TRAILS THOROUGHFARE
Efto ear .
m.1 a.lawtlay. AcarK 1 so I-LO-
wrAse I rw..ora@
ic�we TYEIFA. 6a:
MCir
SOFT COST SmTOFAL
m..m
. DcoSS SUo-rmAL
1rp51lW
m9"cebsso-el Na�ewaaN xn
MSEO. ..E E11AL
NSS.aI
mxwe a a[�xm�.,q e.[n�o
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Iola cevaioana.i coara
trxcaie
bw? NaeMle 6n tl W v.M [a: pa+CN b
Nrnnx.bb ms.o^P. m.G,
i is reve myn
g
mp:naq vn w: Y=Y^xn n a wyn
pynamui l.mlu'nn mn0ub[.
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nme
S-1un
npIAI
w.[enbPen.tlwr
lie vnY an neapndn.a
SAD. TOTEL MEC FEES
I Note, costs are an estimate only and the final construction costs are subject to change. The estimated costs herein shall in no manner
limit the eligible reimbursement.
Impact Fee Reimbursement Agreement — Exhibit F
PRELIMINARY OPINION OF DEVELOPMENT COST -REV R3
LEONARD TRAILS THOROUGHFARE
P 01ECi LEONMDTRALG-L.WA. AORFAOE: 50 •ORLOTS Na
C111 Anm TmaF PNA9E: 1 I TYP.LOT9 .
PLO.: I TYP. FAOSUIE:
CONSTRUCTION -HARD COSTS
pE3LNIPT1pN
UNIT
OVR NTRY
I uwmne
I AMOUNT
NOTES
CLERXIIGSERUSHF!3
GCRE
]0
2.I500'J
$1J )SC
300
sm CO]
CY
s000l
500
$30000
LF
]700
200
111.
$IORU WeIEfl ]AANe :'i'r�
LS
1 -1
WS-TOTAL EXCAVATION 65EDIMEN• CONTROL f006W
lute..1-1--.3—I.LI lI.'w l:NFFr n 11F .-,'rI'o-FL I'- a ruxr[rur.[ w F.--
OESCNFE.
UNIT
OWNFRY
UNLTFAWE
8500
AMOUNT
NOTES
LF
225
118250J
14 R.:'
LF
275
TW
21,175M
3 R C F
LF
n5
INN
118250.w
5�5'RC6
LF
2W
SCOW
10003000
101NLEF
EA
5
am W
32TWW
15'INLET
EA
2
2AWOO
18.XO.m
.AINRION BOX
EA
1
2.5WW
2.500.00
TRENCHSAFETY
LF
1475
010
1050
TESTING(EXCLUDING GEOTECHI
LF
1475
3W
4AS00
S REINF CONCRETE STREET F-1E.e.1
SV
1 10278
TBW
1811W 47
S COMPACTED LIUE SUBGRADE
v
1am
I 205
3214025
HYDRATED LIME MATERIAL
TON
1T4
I 1&W
33.818m
CONNECTION TO EXISNNG VMRE STREET
LS
1Mw,
A SIDEWALK
LF
35a
Bi9RIER FREERAAflS
d
STREET SIGNS W1 POV S
TRAFFIC CONT ROL
WB-TOTAL LEONARD THROUGHFARE I INA63.09.30
E MISCELLANEOUS
p6CRpTMN UNTIE OUANTRV UNITFRIOE AMOUNT
NOTES
UNEXPECTED COSTS HARD COST SI PERCENT .523A 30 5155.231
WS-TOTAL MMCELLANEOUS 5155.mi
v 11Nu
Impact Fee Reimbursement Agreement — Exhibit F
PRELIMINARY OPINION OF DEVELOPMENT COST -REV #3
LEONARD TRAILS OFFSITE SANITARY SEWER
CAEaTED:
+a']v1x
PROJEQ
LEONARDTFAILS-OMN<S<n<r
ACREAGE
Na
EOFLOTS:
CUr'
Anna Tmm
I PHASE:l
i
I TYP.LOTSQ6
P,C_
I
I
I
I TYV.PADSDf:
A.
MISC FEES
PIT IN
B.
TECH.. TESTING. ENGINEERING B DESIGN
{a8.809
C.
EXCAVATION B SEDIMENT CONTROL
w,5ga
M
OFFSITE SANITARY SEWER
53g9,908
E
MISCELLANEOUS
s3?a9t
NOTES:
SMe Me di professional MS no ocidi Wer
Me mad of law.. ma'andis w'MIM <m or wa
M<wiMegch meMm of derte—onq on—. er
wM CamgGLWe dai d heartr[ W M<gns, his
apinwna0l arWa01e 0w<bpmenl road pPa'aed br
Mran am to W made on Me ben Of h¢
m0ene endadaehcdT,dns Tnmewmi
Tennessee his Met pdgement as a des,,
pIXefanneNamie.r NMtr me con she. Pension,
Nom+er, he Oesgn aroressnnm canna and does
rat 9N.heae Mat pwasols nee. ar Me
devebpment cdsu.H, not all Irdm oPlnans at
Wadi casts dropnM by Men 11 the 0nner
."a greaVfr assurance as In Me dwabpar
msb he shill empby sn independent Feat
mnmabr
SOFT COST SUBTOTAL 588805
NGRO COST SUBTOTAL s3s..8
MISCO.LANEOUS SUBTOTAL O2991
TOTAL DEVELOPMENT COSTS said W3
OESCRURCN
I UNIT
JQUANTJ
UNITFAICE
AMOUNT
NOTES
PLAN REVIEW FEES
LS
1
SW, Sol
55C
MUNICIPAL I INSPEC TIOII FEES
f'ERCEnIT1
4%1
3 w71h)l
513188
SUBTOTAL MISC FEES
III
TECHNIC�, TESTING. ENGINEERING 9 DESIGN
DESCRIPTION
UN? OUANNry
UASTFI
AMOUNT
NOTES
CONSTRUCT�JOFw ELIGR SSIR'iEY
FER=EHT tY
aD
338TnA
WEI
SOIL SEHJ'RONMEN AL TEST. r.G
LS 1
ary',
Sa 003
COMPACTICNrCONSTRUCTGFTESTIrI
L5 1I
4awWj
Sam
SUB -TOTAL TECNNCAL,TESTNO.ENGINEERNGSDESpN 14,8E09
Impact Fee Reimbursement Agreement — Exhibit F
PRELIMINARY OPINION OF DEVELOPMENT COST - REV #3
LEONARD TRAILS OFFSITE SANITARY SEWER
-
CREATED:
TOZ&f}
p1OJECT:
LEONARDTRNLS-OHMT9Se l
1 AMaGE-1
1z
ROFLOTS:
fJry.'
IM Tna[
I HASE:
I I
I T ..LOTSNE:
PIA:
I
I
I
I TW.. PAOSME.
CONSTRUCTION -HARD COSTS
DESCRIPRON
I UW
QUANTITY
UMTFWXE AMOUNT
NOTES
OLT FEPICE MIRE BACK WI STEEL POSTS
LF
'.N
'00 51 ow
STCRM WATER MANAGEMENT
LS
WB-TOTAL EXCAVATION B SEDIMENT CONTROL
$8500
OFFSITE SANITARY SEWER
DESCRIPTION
UNIT
DUAN>1TY
UNITRRICE
I AMOUNT
NOTES
10'P V G PIPE
LF
MOO
ffi:3T5.CO
DIAMETER MANHOLE
E9
.000.W
CONNECT TO EXIST MH
EA
SONM
LIFT STAPON UPGRADE
EA
=2053W
OW.u-swc
nr 3csE
TR ENCH SACETY
IF
A]50
TEFWG IE%CLUOIIGGEOTECH
LF
9.3:500
SUBTOTAL JORFSITESANNARYSEWER S329907W
MISCELLANEOUS
OESLRIPITON
UN? OUANTTIY UNITPRA:E AYOUNT NOTES
UNEFPECIED COSTS (HARD COSTSI
PERCENT 1.1 v, 031
WB-TOTAL MISLELLANEOVE
M2.991
Impact Fee Reimbursement Agreement — Exhibit F
PRELIMINARY OPINION OF DEVELOPMENT COST -REV #3
WATER UPSIZE COMPARISON ALONG LEONARD
CNEATEO: +oma
PFQIKR[ 'LEONAR10TRML9-L.—R TMl Wne[ ACFUI WA NOT LOTS:
CT': .-TEF., ROME I 1YV LOTSVE:
GJD: I TVP PAD SPE:
A
ENTITLEMENT IMPACT S MISC FEES
ue+s
s+x2ee
u.9v
a
TECH. TESTING ENGINEERING S DESIGN
I TN NJ]
$.x.1
m n
c
WATER SYSTEM
1 f1m.30
VMU.Uwl
VDX2
n
M1BSCELLANEOUS
I T.L0i I
$.2.l
SNE3.
NOTES:
yte 0.a p.—M Fes- E. wn
U... MFE, mpmtlf b[ryipMnl b
m. n.unabf mtlnw Malmmnnp pn<n a
CarggWe d00npO meMer con0iewrs M1s
q�nimf dpmede avl[pmmr [a9 paUeU
rb.. pEmepEmm. pnif MnN
nP_mn wuM[Yime me:<mimm.
rop.lm+n¢ Nnll.Gwmm1 of . pniw
R—d N avpe N pM•eRm
up: bme a.-ammml <osl wR Ea..rynmr
mn�a,e orwm.de nw pnx.poybm nm.
.w1Mf nrw omnn[. nrom.
arelmb owls, . In, snEL.mpoy on maPmam
rpY WimMb
90RCOGTSUSTOTAL
SL9.651
INIANI
9112w
NRRO COSY S.O.TOT,LL
&N.. 6
Ti4169
VMW
wsCELLANEOUS SUSTOT,4
W.0,
SA.PO
HLAJ
MTµ OEVELOPNENT COSTS
1217,26,
T3I01SS
rIM932
r WATER
Ir WATER
T,
PRICE
a'�l
LG
TECHNICAL, TESTING ENGINEERING
DCSCAPRON
& DESIGN
UNR
OWNINY
/' WATM
MCIPRICL
NR WAFER
VINTMCE
/'MIOUHI
Ix'
AMOUM
.'A
CONSTRUCTIONPN ENGP&SURVEY
PERCENT
C%
1}OICE Y,j
5..II9
120J656
S]69.15
13 JJJ 19
SOIL& ENVIRONMENTAL TESTING
I LE
I
I 200ow
S'No
10W00
'Moo
000
COMPACTION I CONSTRUCTION TESTING
I l5
II
2000MI
52W0
2.00
2 . 001
000
SUB. MTN TECRNK L TESTING. ENOMEERING A DEMON MINI T1TJ10 ER.JJ]
CONSTRUCTION -HARD COSTS
I. M..
ON
CONNECT TO EMSTING So WATER
EA
I
I
.
4 w 001
aEw 001
0
IfNPRA rov [S I IPRCE Is-AMOfBITI AMOW
Impact Fee Reimbursement Agreement — Exhibit F