HomeMy WebLinkAboutRes 2023-08-1499 Impact Fee Reimbursement Agreement- Canvas Anna Owner, LLC- Construction of Public Roadway & Water ImprovementsCITY OF ANNA, TEXAS
RESOLUTION NO. ;10 2 - - p 8— i Qq
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT WITH
CANVAS ANNA OWNER, LLC FOR THE DESIGN AND CONSTRUCTION OF PUBLIC
ROADWAY AND WATER SYSTEM IMPROVEMENTS, IN A FORM APPROVED BY
THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Leonard Avenue is shown in the Master Thoroughfare Plan for the City of
Anna, Texas as a major arterial; and,
WHEREAS, the City has identified the Leonard Avenue improvement roadway project as
a critical infrastructure project for the City; and,
WHEREAS, a 12-inch water main is shown in the Water System Master Plan along both
Leonard Avenue and East Foster Crossing for the City of Anna, Texas as a public water
main; and,
WHEREAS, the City has identified the 12-inch water project as a critical infrastructure
project for the City; and,
WHEREAS, Canvas Anna Owner, LLC agrees to provide the engineering design and
construction for the Roadway Project and the Water Project as generally described above
and within the Impact Fee Reimbursement Agreement, subject to Roadway Impact Fee
and Water 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:
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 Impact Fee Reimbursement Agreement.
That funding for the project shall come from Roadway Impact Fees and Water Impact
Fees.
PASSED AND APPROVED
day of Q&-�023.
City Secretary,
by the City Council of the City of Anna, Texas on this
APPROVE
41
Mayor, Nate Pike
Exhibit A
(see attached Impact Fee Reimbursement Agreement)
ROADWAY AND WATER IMPACT FEE REIMBURSEMENT AGREEMENT
This Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and between
the City of Anna, Texas (the "City") and Canvas Anna Owner, LLC, a Texas 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 17.462 acres of land out of the Granderson Stark Survey located
entirely within the City of Anna Extra Territorial Jurisdiction, 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 Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1).
Collected Water Impact Fees shall have the meaning ascribed to that term in Section 5(b)(1).
Developer's Desigg and Construction Cost, with respect to the Roadway Project and the Water
Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering,
design, land surveying, and construction of the Roadway Project and the design and construction
upsize cost from an 8-inch water main to a 12-inch water main for the Water Project, which shall
Roadway Impact Fee Reimbursement Agreement — Page 1
generally include but not be limited to the items listed in the cost breakdown attached hereto as
Exhibit-D. City inspection fees shall not be included in Developer's Design and Construction Cost.
Final RoadwavReimbursement Amount, with respect to the Roadway Project, means a dollar
amount equal to the lesser of the Developer's Design and Construction Cost or the total amount of
Roadway Impact Fees collected from the development of the property by the City.
Final 'Water Reimbursement Amount, with respect to the Water Project, means a dollar amount
equal to the lesser of the Developer's Design and Construction Cost of the Water Improvements
or the total amount of Water Impact Fees collected from the development of the property by the
City.
Reimbursement has the meaning ascribed to that term in Section 4(b)(1) and Section 5(b)(1),
respectively.
Roadway Improvements means design, surveying, testing, 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 in accordance
with the City of Anna Engineering Design Standards.
Roadway Project means the design and construction of approximately 327 linear feet of the
western half of Leonard Avenue, from a point approximately 1,125 feet north of East Foster
Crossing Drive to a point approximately 798 feet north of East Foster Crossing Drive; said project
being more particularly depicted and described as the Roadway Improvement in Exhibit B,
attached hereto, and in accordance with construction plan(s) approved by the City.
Water Improvements means the upsize cost for the design, surveying, testing, and installation of
approximately 1,259 feet of a 12-inch PVC water main instead of an 8-inch PVC water main,
including valves, hydrants, appurtenances, and connection to the existing City public water system,
along the western side of Leonard Avenue; the upsize cost for the design, surveying, testing, and
installation of approximately 2,100 feet of a 12-inch PVC water main instead of an 8-inch PVC
water main, including valves, hydrants, appurtenances, and connection to the existing City public
water system, along the northern side of East Foster Crossing in accordance with the City of Anna
Engineering Design Standards, and any other improvements necessary for a complete public water
system for the Water Project.
Water Project means the design and construction of the Water Improvements generally described
and depicted in Exhibit C, 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
and the Water Project, Developer shall provide the City Manager with documentation
reasonably acceptable to the City Manager evidencing Developer's Design and Construction
Impact Fee Reimbursement Agreement- Page 2
Cost. The City Manager shall review the documentation provided and shall approve or deny
Developer's Design Cost 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 Cost shall be deemed approved.
Upon approval (or deemed approval) of Developer's Design Cost, the City shall issue a written
acceptance letter to Developer, which shall signify final acceptance by the City of the
Roadway Project and the Water Project (referred to as the "City Acceptance Date").
(b) 'Approyal 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 regtiirements 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.
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. Besfs 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) Indemnifiication and Hold Harmless. DOPER COVENANTS AND AGREES T
DEFEND THE CITY. ITS OFFICERS, AGENTS. SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUIT`S FOR PROPERTY
DAMAGE OR LOSS „AND/OR, PERSONAL INJURY., INCLUDING WITHOUT
Impact Fee Reimbursement Agreement- Page 3
CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN
,CONNECTION 'WITH,. DIRECTLY OR INDIRECTLY, THE NF,GLIGNT O
OTHERWISE aNGFUL ACTS OR OMISSIONS OF DLVELOPER, ITS AGENTS.
SERVANTS, CONTRACTORS, SUBCONTRACTORS,MATERIAL MEN OR
EMPLOYEES IN CONNECTION WITH THE DESIGN OF THE ROADWAY
PROJEMINCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY
PROPERTY. SUCH INDEMNITY SHALT, 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.
SUITS, BY ,ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO
HAS NOT,SIGNED THIS AGREEMENT AND AH CH CLAIM: (1) ARISE IN ANY
WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S
_REPRESENTATIONS IN THIS AGRUMEM: OR (2) RELATE IN ANY MANNER
OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
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 AGREE MENT. THIS INDEMNMCATION ANU
OLD KARMLESS PROVISION SHALL ONLY, "PLY TO DEVELOPER IF
DEVELOPER CONSTRUCTS THE ROADWAY PROJECT.
SECTION 4 ROADWAY 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. Developer agrees to commence design
within 60 days of execution of this agreement.
(b) City Obligations
(1) In accordance with City Regulations and state law, the City shall provide the Roadway
Impact Fee Reimbursement to Developer in an amount not to exceed $109,696.18 until
the Final Reimbursement Amount for engineering design and construction has been paid
in full.
(2) 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.
Impact Fee Reimbursement Agreement- Page 4
SECTION 5 WATER PROJECT
(a) Developer Obli ag tions.
As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees
to design and construct the Water Improvements. Developer agrees to commence design
within 60 days of execution of this agreement.
(b) C1ty 0 it affions
(1) In accordance with City Regulations and state law, the City shall provide the Water
Impact Fee Reimbursement to Developer in an amount not to exceed $162,450.76 for the
upsize cost from an 8-inch water main to a 12-inch water main, until the Final
Reimbursement Amount for the design and construction of the Water Improvements has
been paid in full.
(2) Notwithstanding Section 5(b)(1) above, the Reimbursement authorized by this
Agreement shall expire on December 31 in the tenth year after the City Approval Date.
SECTION 6 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 7 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of
the terms of this Agreement.
SECTION 8 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants under this Agreement shall bind Developer and its successors
and assigns.
(b) Except for future owners of all or a portion of the Property, this Agreement shall not be
assignable by Developer without the prior written consent of the City.
SECTION 9 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto
are the properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that
any necessary resolutions or other act extending such authority have been duly passed and are
now in full force and effect.
Impact Fee Reimbursement Agreement- Page 5
(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: Canvas Anna Owner, LLC
Attn: Richard Duffy
858 W. Happy Canyon Road, Suite 230
Castle Rock, CO 80108
(c) Complete A eement. 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) Atsnlicable 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) Sevembility. 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, Iegal and
enforceable.
(f) Representation. Each signatory representing this Agreement has been read by the party for
which this Agreement is executed and that such Party has had an opportunity to confer with
its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress
and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Naiver, 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
Impact Fee Reimbursement Agreement Page 6
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
Canvas Anna Owner, LLC.,
a Texas corporation
By:
ame: Richar
Title: Development Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF §
Before me the undersigned notary public, on the day of 2023, personally
appeared known to me to be the pens n wh a name is subscribed
to the foregoing instrument, an acknowledged to me that he executed the same in his capacity as
Authorized Signer of ['GN Ac CLLASIForporation, a Texas corpor the general partner of
Inc., a Texas limited partnership
ic. State
(SEAL)
PUM1, We e! low
CM, EO
Impact Fee Reimbursement Agreement — Signature Page
CITY OF ANNA
By: Itfy
A34n Henderson, Interim City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the �11 day of , 2023, personally
appeared L,,A4erlderson known to me (or proved to me) to be a person whose name is
subscribed o 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.
JEOVANNA RUBIO Otaty Pub11C State of Texas
Jotary Public. State o1 Texas
Comm. Expires 10-03-2026
NotarvID 133995676 1[
[impact Fee Reimbursement Agreement— Signature Page
ATTACHMENTS
Exhibit A - The Property (legal description and drawing)
Exhibit B - Roadway Project
Exhibit C -- Water Project
Exhibit D -- Cost Estimate (including design and construction)
Impact Fee Reimbursement Agreement — Signature page
EXHIBIT A
The Property
aourmraF C011111 !<
WHRM M PROPERTIES GROUP, f1C and LANES & GARVEY 31ty AND UNDA L GARVEY, acting by and thmcgh the uaderssgrreq, its drily authotimd a9ertt H the
omw of 17.426 acres (7S9,M square (on) of land h the GrarxWson Stark Stuvey, Abstract No. 74 Coft Gouty, Texas; said 17426 acres (75 W8 sure tact) of land
bcitq act of trot tell tract of land deserted M a Special Warrerty Deed witch WxWS t1w to 1'E)t Properft Group, lEG(Iraa'r+eRer rtfdrea4 to ai TEX Piropaft GreouP UML
as feoorded In !Gehl nent l waW 201908f00009"330, CMdd PAk Rboords, Cottle Gamy, Tow (OP.R.0 C.T.) and Mop a9 of that ebtatn tract of land described to s
Texas Genera! Waara* Deed t* Xnm R. Garvey k., and ante cinch 1.. Garny (bncvr4ratter refi:rod toes Gaavey ban), at recorded In L+strtm> M wuntW 20150107000018m,
0 P.R.CC.T.•, sold 17.426 acres (759.M sgwm feet) of Panel beiq rare portloulaAtr dew bod,by, et, and bounds. asfdiows:
BEGINNING at a fb m-W the inch icon rod found for tho SwA1*aA comer of soW TOt PropeM=Crap back same belay an krnor-ca corner of then cwtalr tract of land
described In a Spedal Ws+rsnty Deed tsiih Yendoft tkn to Harlan Propaft, Im (haretnattor referred to as Margin Propetles oraat as reworded to Ir>stnuial.. Hun w
20121228WI6SS=, o PAC r- T., -nacre a b o t►dM the ItftrexOgo d ft E. foster Qosdng Rand, pervbvsly bwAn as cc ft btoad 421 and uorad Averse, preAw. y
kn m as County Road 422;
YMCA Month 89 dgpm 01 rtft4a 19 seconds Wed with then eoneaon tiro bobv xrr said TEX Properties Group tract and said Hodan Pmpartks butt, with said L Faabor
Cmsdrq Road. a dbdarxre of 9056 tees to tho Sm tnrest earner of said TEat Properties Group tact, same being the SwAbe ast comer of that eertah tract of land owrilmd to a
deed to Steve L Warne (heeftitar referred to as S wo Wane tract), as recorded In Instrwrod ttw6w 2W70313000M60, OP.R.C.CT., from wMch a one AW Inch kw rod
with pla tic carp A r4wd *RPM StiRVMNW found beers north 04 db0abes 38 mbutes 46 Fast, a distance of L95 feet;
THENCE Borth 00 deaQroes 21 n*RXes 10 seconds East, depar" told E. Fo3ter !roam with the axn on to takeen said IU Properties Group tract and said Steve
wanes track pass at a dtstertoo of 244.23 feat, ire Sourtl*ast comer of than eenten tract of land deso*ed In a deed to Stare L Warm (Mrehno tx aafand to as wane tract), as
recorded h 4bkrrre W2, Page 9", Deed Rica % Wth canary, Taar. (O.R.C.CT.N continue vft said course, with the cormm One b ttivorn said Tfx Prowatks Goo* tract
and said Wame tract, Pass at a dai = cf 449.M W. (tree Northeast wwr of sold Warm tract, same WM an angle P*A M tht: FWA itne of remainder of sand am Wamc
trod, Grip trod and said Soave fame trail for ek fatal eiEswa of B00.79 feet to a are-hatf ftwh
Iron, rod fourd for the frortlx and coma aim" Tlx Properties t?eup trod, tarn bokp tta Sauthwrect oacnetr of that cie tah tract eat lard doso*W as Awa, EkKnentmy Sdod
W. 30 an dcd in lnstrumere! ftreber 201604%01000162% O.PAZCT„ from macho 600 No
found bears lb1h 52 depoes 38 renirutes 16 seconds Mast, a distance of 1.60 heft
THEM Saeeh 89 dogma 39 n*x4es 27 sacw* East dq*MV the East ano of slid Swwo Wpm tract, wO the eornrm 11no benMan said = Properties GroW tract and
said Ames Borg dary Sctwd No. 3, a Wan of 539.17 feet to a orahalf httlr hen bad to it* SoWharfy Southeast Ooctndr of sand Mm Ekmentary School ffa 3, same b ft
the SwAhmst coma of then certain bast of land de:sor W in a WarrWy Deed fair ttei Ws lion to Rtttam A 14twttn<aW, and wire, Catherkre F. Mcfk *w (hadnaller rderrod
to as bld0nkW trad), as recorded In trabume nt Ifanber 2007020900E09410, O.P.it.CCT.;
THENCE South 89 d*ees 39 minces 04 seconds East with the coanenon We betwoen said IM Pcoperlles Group tract and said H MWmy bad, a Qf6tanoe of 403,91 feet to a
owhalf loch lean Mond for the Northeast comer of said 71x Propatles Coup tract, sense being tho SmOmst comer d sW Nd+ku'erhr VK ,same botiq a Wet tine d said
Margin Properties tract, same also bdn0 in said teonaad Avenue,
THEIM South 00 done- 32 mWites 06 seconds West %Ah the carut+ort Qne bedrreer said 1EX Properties Group tract and sold Harlan hvpertks tract, with said taonad
Averm a dlstanoe of 307.28 toot to a &*W Inch Iron rod mh p4M W awnped'BRE UR SIWifflNti found for tltt Northeast cwrw of said Gorw tract, from which a
awbalf Itch iron cat found bars Ncdh 00 dogrms 14 P aft 03 screams WOO, a 41SU oer of 2.26 (Cal;
THIMCE South 00 dcgeees 32 wAK tes 06 seconds West with the common Pre betvrm said Garvey tract and said Harlan Propextles, bact, a distaraa of 208.72 feet to a one-half
inch iron rod YAhh om tc cap stamped *FPM4ER SI VEVW fowrd for the Southeast comer of said Garvey bast, snare b&V an dim& point In the Fast Inc of saki W
Properties Group tract;
THENCE South 00 dogme s 32 cnlrwtes 06 s OW$ Wad vAhh the to wen ttno bdwwn uld TEX Properties Croup tract and saki Harlan ProlxNes lead, a'L&Unoe of *.18
fort to the PLACE OF MINNING, and cw&d*g a cakuWc d areoat 17426 aaos (7S9,OB8squarr feet) of lard.
Impact Fee Reimbursement Agreement - Exhibit A
EXHIBIT B
The Road Project
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EXHIBIT C
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EXHIBIT D
Breakdown of Costs
Pit(fACT OUANITM S
Project : Cauv:w of Anna Date: 601023
t.oeatiaa: Aatw. YX Ws/Acrvapi 125Loth lITAM Atres
Cucal: %terwsrk FAFUy (:roaP BF.1.1-C Job No. 199.22.001
TbeCaatrottor K rrsponA& to attakle ContrsNar's o um earlhKork ga railiies in dMeroder Caniractor's W. Costrattar sbs11 tbaronhly miew topographic sunvy for
lbt Project =d sbatll Vfftfy fkW taodfelWkL fit MWZl of Imes rMulivd for site V"agsh&8 be faduded la the C_oatractar'a WL Aay detkilea to gusnthieat taifttatO Wow
or toa81116as latikated er top gra0h; Bunn shall he fauaedistely btotgtbi to the, atteatlets of Banahter F ueftteefap. LIX, and shall bt spedfRally Ittarinrd as Coatnwtues
btd. Discetpaudes to taribwork gattaltks after beptaafa8 of eaastrattian shall beat tht Cmtrae *ea sots etPense}
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16
rA-
S7 45.00
572.450.O0
3
12192" Saddle
1
1=.A
$260.00
MOW
4
t' '
2.9
TONS
S17560.00
S30g24.00
S16M1.38
516.991.38
TOTAL, COS ..+
514L77
Qry
ITP..tL
DI:SCL:LPltO�
OVANMY
UNIT
C.'(LSTIpt tT
TOTA1.COST
!r
Water Pipe WWI
3 339
LF
$59.15
5195.32S.MS
3
'' t latc VAI%V
to
EA
S4A".00
541.65t).tto
3
R'zrs"Saal&
3.
EA
$170.00
SS1i1.00
4
lFaino
1.6
WINS
$17.560.06
$29.096.00
S
I `tiom
1
L..S.
510741.27
SM1433T
TOTAL CON".
5279.32SrL2
err. 1911 n!MlWU&lWl* ac-rWWPM rift-&NftSt"
ITers�
DXWWPnO.V
ottAyrnxv
Rif
rowuw
TOUL CM
I
19stcr Pipe (PVC)
LF
S10S.V4.0
2
Gate Vats►
EA
527MOM
3
ltx
EA
S279A0
A
Mim
i�Urw$
1 S?2.92SA0
t t
Is
L..S.
I S6.1411.11
11q.450.76
cC/• Ill aAtiVr
- MUM
- - - 11MIUMOSI
uAh'"TY
1 NIT
COST111,6T
TOTAL ('OVr
1
r lhict Coo -0 hwmval
971
S.Y.
S91.00
578.651.00
2
sub t:W* for Cue►Mtc P.mt.
11057
S.Y.
S4,30
S5.�013.60
3
tfrated Uot 48 NAY
26
TOM
5.36S.00
S9.49Ei.00
4
WSidt%Ak
1.962
S.F.
W50
$12.79.80
S
to
1
LS.
S3.728.5X
53.728.31L
TO AI.('iiSU
Stt1964US
Impact Fee Reimbursement Agreement — Exhibit D