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HomeMy WebLinkAboutRes 2017-10-368 SIA Camden Parc 2-4 AmendedCITY OF ANNA, TEXAS RESOLUTION NO. &l'140 -,3(, 9 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH D.R. HORTON - TEXAS, LTD, SPRING LAKES ESTATES JOINT VENTURE, AND COOPERZADEH II, LLC, (COLLECTIVELY, "OWNER") FOR CAMDEN PARC, PHASES 2-4. WHEREAS, D.R. Horton - Texas, Ltd.; Spring Lakes Estates Joint Venture; And Cooperzadeh II, LLC, (Collectively, "Owner") own and desire to develop a parcel of property composed of approximately 94.77 acres of land located entirely within the corporate limits of the City of Anna, Texas (the City); and, WHEREAS, the Owner has agreed to construct certain roadway and water facilities in connection with development of the property; and, WHEREAS the Owner has requested roadway and water impact fee credits for the construction of said roadway and water facilities; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Subdivision Improvement Agreement The City Council hereby approves the Subdivision Improvement Agreement for Camden Parc Phases 2-4, attached hereto as Exhibit 1 and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. Section 3. City of Anna, Texas Resolution No. 2017-09-366 is hereby repealed. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 10th day of October, 2017. ATTEST: \�N1"""'11th, APPROVED: Carrie L. Smith, city Secretary = ayor Pro Tem, Justin Burr ��N1111111111��� SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and D.R. Horton — Texas, Ltd, Spring Lakes Estates Joint Venture, and Cooperzadeh II, LLC (collectively, "Owner"). WHEREAS, Owner 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, and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 94.77 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Agreement not an exaction or a concession demanded by the City but rather is an undertaking of Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Owner's development of the Property; 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 Owner and the City. SECTION 2 DEFINITIONS 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, uniform codes, and other policies duly adopted by the City. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 24 — Page 1 Development means the new development on the Property that is the subject of this Agreement, and on the property described as Camden Parc, Phase I (Exhibit F). Estimated Construction Cost, with respect to the engineering, design, and construction of the Phase II Roadway Facilities, means $625,354.30. Estimated Construction Cost, with respect to the engineering, design, and construction of the Phase II Water Facilities, means $106,620.88. Final Construction Cost, with respect to the Phase 11 Roadway Facilities, means the dollar amount actually paid for the engineering, design, and construction of the Phase II, Roadway Facilities at the time of full and final completion, dedication and acceptance the Phase 11, Roadway Facilities. Final Construction Cost, with respect to the Phase II Water Facilities, means the dollar amount actually paid for the engineering, design, and construction of the Phase II Water Facilities at the time of full and final completion, dedication and acceptance the Phase II Water Facilities. Final Credit Amount, with respect to the Roadway Facilities, means a dollar amount equal to the Estimated Construction Cost, or the Final Construction Cost, whichever is less, of the Phase 11 Roadway Facilities, plus $(389,643.58). Final Credit Amount, with respect to the Water Facilities, means a dollar amount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less, of the Phase II Water Facilities, plus $(269,084.38). Phase I Roadway Facilities mean the Lindsey Lane Roadway Improvements constructed by Owner as described and depicted in Exhibit B, attached hereto, and in accordance with construction plans approved by the City. Phase II Roadway Facilities mean the Lindsey Lane Roadway Improvements to be constructed by Owner as described and depicted in Exhibit C, attached hereto, and in accordance with design/construction plans to be approved by the City. Phase I Water Facilities means a twelve -inch (12") water line (constructed with Phase 1) constructed by Owner as described and depicted in Exhibit D, attached hereto, and in accordance with construction plans approved by the City. Phase II Water Facilities means a twelve -inch (12") water line running parallel to Lindsey Lane to be constructed by Owner as described and depicted in Exhibit E, attached hereto, and in accordance with design/construction plans to be approved by the City. Roadway Facilities means the Phase I Roadway Facilities and Phase II Roadway Facilities described herein. Water Facilities means the Phase I Water Facilities and Phase II Water Facilities described herein. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 24 — Page 2 SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Owner fully completes the Water & Roadway Facilities, and before the City has accepted such Water & Roadway Facilities after inspection, Owner shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the actual amount paid. (b) Maintenance Bond. For each construction contract for any part of the Water & Roadway Facilities, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water & Roadway Facilities, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Water & Roadway Facilities constructed under such contract. (c) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement, Owner shall provide all public improvements, including streets, water, sewer, drainage, sidewalks, trails, street lighting, street signage, and all other public improvements required by City Regulations to serve the Property, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Owner shall cause the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to filing of a Final Plat. Construction of such improvements shall not be initiated until a pre -construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. (d) Owner's Remedy. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance pursuant to the terms of this Agreement. (e) 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 Owner 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 Owner, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Owner's engineer, his 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. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 3 (f) Insurance. Owner or its contractor(s) shall acquire and maintain, during the period of time when any of the Water & Roadway Facilities are under construction (and until the full and final completion of the Water & Roadway Facilities 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 Water & Roadway Facilities construction contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Owner 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. (g) Indemnification and Hold Harmless. OWNER 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 OWNER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE WATER & ROADWAY FACILITIES, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER & ROADWAY FACILITIES THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 4 OR SUITS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE. SECTION 4 ROADWAY FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Roadway Facilities. (2) Owner agrees to complete in a good and workmanlike manner construction of the Phase II Roadway Facilities prior to the date a final plat for any portion of the Property is officially recorded in the Land Recordings with the Collin County Clerk's Office. (b) City Obligations (1) City Acknowledges that Owner has constructed and the City has accepted the Phase I Roadway Facilities. (2) Notwithstanding any requirement in City Regulations, City agrees that the Owner's obligation to construct improvements to Lindsey Lane in connection with Development of the Property shall be limited to the obligations outlined in this Agreement. (3) The Final Credit Amount shall be a credit against roadway impact fees otherwise due to the City from the Development of the Property and from Development of Camden Parc, Phase I further described and depicted as Exhibit F. The roadway impact fee credit for the construction of the Roadway Facilities shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the roadway impact fees that would otherwise be collected until the roadway impact fee credit authorized by this Agreement has been exhausted. (4) Notwithstanding Section 4(b)(3) above, the roadway impact fee credit for construction of the Roadway Facilities shall not exceed the total amount of roadway impact fees due from Development of the Property and from the Development of Camden Parc Phase I, less the roadway impact fee credits SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 5 previously granted for Camden Parc Phase I prior to the Effective Date of this Agreement. (5) Notwithstanding Section 4(b)(3) above, the roadway impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Roadway Facilities are complete and formally accepted by the City. (6) The City shall have the right to collect roadway impact fees due from the Development of the Property and from the Development of Camden Parc, Phase I after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. SECTION 5 WATER FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Water Facilities. (2) Owner agrees to complete in a good and workmanlike manner construction of the Phase II Water Facilities prior to the date a final plat for any portion of the Property is officially recorded in the Land Recordings with the Collin County Clerk's Office. (b) City Obligations (1) City Acknowledges that Owner has constructed and the City has accepted the Phase I Water Facilities. (2) The Final Credit Amount shall be a credit against water impact fees otherwise due to the City from the Development of the Property and from the Development of Camden Parc, Phase I further described and depicted as Exhibit F. The water impact fee credit for the construction of the Water Facilities shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the water impact fees that would otherwise be collected until the water impact fee credit authorized by this Agreement has been exhausted. (3) Notwithstanding Section 5(b)(2) above, the water impact fee credit for construction of the Water Facilities shall not exceed the total amount of water impact fees due from Development of the Property and from the Development of Camden Parc Phase I, less the water impact fee credits previously granted for Camden Parc Phase I prior to the Effective Date of this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 6 (4) Notwithstanding Section 5(b)(2) above, the water impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Water Facilities are complete and formally accepted by the City. (5) The City shall have the right to collect water impact fees due from the Development of the Property and from the Development of Camden Parc, Phase I after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. 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 the City Council has duly adopted this Agreement and Owner has duly executed same. 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 of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. (b) Without limiting the generality of the foregoing and except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 7(b) that such Assignee fails to satisfy the City's financial and performance criteria. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 7 If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed-upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (c) Each assignment shall be in writing executed by Owner 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. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. 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. (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 Owner: Cooperzadeh II, LLC Attn M. T. Akhavizadeh SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 8 9400 N. Central Expressway, Suite 475 Dallas, Texas 75231 (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 the City and Owner 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. (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 either Party or any breach of this Agreement, or the failure of either 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 City and Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the Property, may be recorded in the Collin County property records, and runs with the land. SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 24 — Page 9 (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) Termination of Camden Parc Phase 1 Water Impact Fee Credit Agreement. The Water Impact Fee Credit Agreement for Camden Parc, Phase I attached hereto as Exhibit G is hereby terminated. (n) Termination of Camden Parc Phase 1 Roadway Impact Fee Credit Agreement. The Roadway Impact Fee Credit Agreement for Camden Parc, Phase I attached hereto as Exhibit H is hereby terminated. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 24 — Page 10 OWNER By: , a corporation, its owner/manager Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared , 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 or she executed the same in his or her capacity as of on behalf of Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 11 By: , a corporation, its owner/manager By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared , 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 or she executed the same in his or her capacity as of on behalf of Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 12 OWNER By: , a corporation, its owner/manager By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared , 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 or she executed the same in his or her capacity as of on behalf of Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 13 CITY OF ANNA By: Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2017, personally appeared Philip Sanders, 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 City Manager of the City of Anna, Texas. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 14 ATTACHMENTS Exhibit A — The Property (legal description and drawing) Exhibit B — Phase I Roadway Facilities Exhibit C — Phase II Roadway Facilities Exhibit D — Phase I Water Facilities Exhibit E — Phase II Water Facilities Exhibit F — Camden Parc, Phase I Exhibit G —Water Impact Fee Agreement, Camden Parc, Phase Exhibit H — Roadway Impact Fee Agreement, Camden Parc, Phase 1 SUBDIVISION IMPROVEMENT AGREEMENT FOR CAMDEN PARC, PHASES 2-4 — Page 15 a. 5 X 3F Hui I I F— y1pi MY d --4—f v2 !Mpg! Nil WKS -hsg 51 09°gqm� Ud HI 1.j 1h M I aods Y dip K. L ! A, �J, Bpi -A =7 0 I M Pi 0 �4m x ui 9 m (N Lli u fy- <r CL LJJ CA -- LU Z J D— JFZ—,, TD m ff] evil 0 I 11 R 11 R; J 14 � - x r \ r � � j •\ Q O al i - Z Q� g�mbH� ¢nQ.=oic� u. W aami Q opo ZW^ W U d Q s'a'`Sg i€ ¢g3 9 5 x 3 � HI, I3 eC A i n o Fi gg- a 5 i - , a 8 a �p 3• 8 S� '°e «� J iC 1- tj !v Ily LL3� 3i? .j i � $ s �¢ pp y E � 8 '� !� g •fi�i. S8 $� � �X I m $ 4 y � a 8 Eq R$ 5 ^q9y ix = 4 HIM a s a d? I 6 ;3= is g a g= rig tt 3 gay>� I I ' `S/_A a" •�.• /'�, !,Y'�,\O _.i i��-�z—'7 E _.. _..—.. _..� I �• I P •�- R ,'4.4 /'6a � '\ 1 � 3333 e o nb. zg A46 %. `y I � � vA i9 /�,+ �� J•'e / •• � � 999„ ii p if ------------ WHIR 4 cl 7 is iumiali < y U EXHIBIT G IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the Developer/Owner: Anna 190. LLC a Texas limited liability company 2. Name and title of the person with authority to execute the Impact Fee Credit Agreement on behalf of the Developer/Owner: M. T. AI<havizadeh 3. Name of Development: Camden Pari, Phase 1. Attach as "Exhibit A" a legal description of the property or new development for which the impact fee credit would be applicable. 4. Capital Improvement facilities for which impact fee credits are claimed: Lindsey Lane paving improvements and 12" water line upgrade and extension. Attach as "Exhibit 6" design or construction plans of the Capital improvement facilities for which impact fee credits are claimed. 5. Estimated Construction Cost, with respect to the engineering, design, and construction of the of the Capital Improvement facilities for which impact fee credits are claimed. $658,405.26. 6. Attach as "Exhibit C" an opinion of probable cost prepared by a Texas Professional Engineer of the Capital Improvement facilities that will be constructed and for which impact fee credits are claimed. City inspection fees, and contingency estimates shall NOT be included in the opinion of probable cost. C� ica IMPACT FEE CREDIT APPLICATION AND AGREEMENT— Page I Date WATER IMPACT FEE CREDIT AGREEMENT CAMDEN PARC, PHASE 1 This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Anna 190, LLC, ("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, and shall supersede any previous agreement between the Parties only to the extent that any such agreements directly conflict with the terms of this Agreement; and WHEREAS, Developer owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 22.52 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; 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 Developer and the City. SECTION 2 DEFINITIONS 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, uniform codes, and other policies duly adopted by the City. Development means the new development on the Property that is the subject of this Agreement. Estimated Construction Cost, with respect to the engineering, design, and construction of the Water Project, means $269,084.38. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARK PHASE 1 Final Construction Cost, with respect to the Water Project, means the dollar amount actually paid for the engineering, design, and construction of the Water Project at the time of full and final completion, dedication and acceptance the Water Project. City inspection fees shall not be included in the Final Construction Cost. Final Credit Amount, with respect to the Water Project, means a dollar arnount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less. Water Proiect means the construction of approximately 3,691 linear feet of 12" water line and up-sizing from 8" to 12" approximately 1,615 of water line, and associated appurtenances, further described and depicted in Exhibit B, attached hereto. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Developer fully completes the Water Project, and before the City has accepted such Water Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencingthe Final Construction Cost. (b) Maintenance Bond. For each construction contract for any part of the Water Project, Developer or Developer's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Water Project constructed under such contract. (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 City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the Cityfor any defect in the design and specifications prepared by Developer's engineer, his 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. (d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Water Project are under construction (and until the full and final completion of the Water Project 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 WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 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 Water Project construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) 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 CONSTRUCTION OR INSTALLATION OF THE WATER PROJECT INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER PROJECT THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION, THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE 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; (2) RELATE 1N ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY, 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 OR GROSS NEGLIGENCE. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 SECTION 4 WATER PROJECT (a) Developer Obligations, Developer shall construct the Water Project depicted on the attached Exhibit B, and all Water Improvements appurtenant to the Water Project. (b) City Obligations (1) The Final Credit Amount shall be a credit against Water impact fees otherwise due to the City from Development of the Property. The Water impact fee credit for the construction of the Water Project shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the Water impact fees that would otherwise be collected until the Water impact fee credit authorized by this Agreement has been exhausted. (2) Notwithstanding Section 4(b)(1) above, the Water impact fee credit for construction of the Water Project shall not exceed the total amount of Water impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Water Project is complete and formally accepted by the City. (4) The City shall have the right to collect Water impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. 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 the City Manager and the Developer 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 of Developer under this Agreement shall constitute covenants running with the land, and shall bind Developer and each successive Developer of all of any portion of the Property. WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 (b) 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: Anna 190, LLC Attn. M. T. AI<havizadeh 9400 N. Central Expressway, Suite 475 Dallas, Texas 75231 (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 the City and Developer 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, WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 (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 either Party or any breach of this Agreement, or the failure of either 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 City, Developer and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto, (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer and to any successor- Developer/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement between 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. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 Developer: LLC M. Tl� AXk, a 0,adj h, its Manager IN WITIVEOWHEREOF: STATE OF TEXAS j § COUNTY OF VLI� § Before me, the undersigned notary public, on the — day of 0, 4(2016 personally appeared M. T. Akhavizadeh, 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 Manager of A na 190 LLC. Notary Public, State of xas WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 CITY OF ANNA Phil! Sanders, "Ity Manager i IN WITNESS WHEREOF: YF� $bt Laureta Kay Biacketer STATE OF TEXAS § �p MycommissionExpires b h 9'2`0 04/01/2017 COUNTY OF Before me, the undersigned notary public, on the i ?� day of Philip , 2016 personally appeared Philip Sanders, 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 City Manager of the City of Anna, Texas. Notar Public, State of Texds WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE 1 ATTACHMENTS ExhibitA —The Property (legal description) Exhibit B — Water Project WATER IMPACT FEE CREDIT AGREEMENT, CAMDEN PARC PHASE I OWNERS CERTIFICATE Being apart of a 57.48 acre of land situated In the ate of Texas, County Of ract being described in a deed to1SHG LAND INVESTMENTS IOF ANNA FIVE, LTD., asoriecorded In Instrument No. 20060 24000 07160n, being Part of the J. C, Brantley Survey,roftheoD114, and eed Records of Collin County, Texas and being more particularly d6scribed as follows: BEGINNING at the most northerly northwest corner of said called 57,48 acre tract, on the South side of County Road 376, same being the northeast corner of a tract of land conveyed to T.J. Warren by County Clerk's File No, 96-0110244, Deed Records Collin County, Texas, and being in the South line of a tract of land described in a deed to Kevin Luong as recorded in County Clerk's File Number County, Texas; 20110603000810210 of the Deed Records of Collin THENCE South 89°57'48" East, with the South line thereof and along the north line of said SHG Land tract, a distance of 632.03 feet to a point forcomer In said road and being In the South line of a tract of land described in a deed to Augustine J. Lisa! as recorded in County Clerk's File Number 96-0032196 of the Deed Records of Collin County, Texas; THENCE South 00°02'12" West, through the interior of said SHG Land tract, a distance of 60.18 feet to a capped Iron rod stamped "KAZ" set; THENCE North 89 degrees 57 minutes 31 seconds West a distance of 21,79 to a capped Iron rod stamped "KAZ" set; THENCE South 20 degrees 40 minutes 53 seconds West a distance of 176,81 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225,00 feet an a chord bearing and distance of South 53 degrees 21 minutes 08 seconds East, 123.78 feet; THENCE along said curve an arc length of 125.40 feet to a capped iron rod stamped 'KAZ" set; THENCE South 37 degrees 23 minutes 10 seconds East a distance of 173.97 feet to a capped iron rod stamped "KAZ" set at the beginning ofa curve to the left having a radius of 175.00 feet and a chord bearing and distance of South 54 degrees 06 minutes 56 seconds East, 100,75 feet; THENCE along said curve an arc distance of 102.19 feet to a capped Iron rod stamped "KAZ" set; THENCE South 70 degrees 50 minutes 42 seconds East a distance of 20.47 feet to a capped Iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 425,00 feet and a chord bearing and distance of South 50 degrees 21 minutes 01 seconds East, 297.61 feet; THENCE along said curve an arc distance of 304,05 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 51 minutes 19 seconds East a distance of 14.67 feet to a capped iron rod stamped "KAZ" set; THENCE North 74 degrees 28 minutes 12 seconds West a distance of 13.53 feet to a capped Iron rod stamped "KAZ" set at the beginning ofa curve t the right having a radius of 775,00 feet and a chord bearing and distance of North 61 degrees 56 minutes 32 seconds East, 27,79 feet; THENCE along said curve an are distance of 27,79 feet to a capped iron rod stamped "KAZ" set; ; THENCE North 60 degrees 54 minutes 54 seconds East a distance of 31.06 feet to a capped Iron rod stamped "KAZ" set at the beginning ofa curve to the left having a radius of 175,00 feet and a chord bearing and distance of North 53 degrees 23 minutes 12 seconds East, 45,86 feast; THENCE along said curve and arc distance of 45.99 feet to a capped Iron rod stamped "KAZ" set; THENCE North 45 degrees 51 minutes 29 seconds East a distance of 18.31 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 19 minutes 41 seconds East a distance of 51,66 feet to a capped iron rod stamped "KAZ" set at the beginning ofa curve to the right having a radius of 225.00 feet and a chord bearing and distance of South 52 degrees 44 minutes 11 Seconds West, 64,02 feet; THENCE along said curve an arc distance of 64,23 feet to a capped Iron rod stamped "KAZ" set; THENCE South 60 degrees 54 minutes 54 seconds West a distance of 18.91 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 05 minutes 06 seconds East a distance of 119.85 feet to a capped iron rod stamped "KAZ" set; THENCE North 60 degrees 40 minutes 19 seconds East a distance of 82,82 feet to a capped Iron rod stamped "KAZ" set; THENCE South 29°1941" East, a distance of 168.19 feet to a capped Iron rod stamped "KAZ" set; THENCE South 24°18'44" East, a distance of 195.23 feet to a capped Iron rod stamped "KAZ" set In a South line of said SHG Land tract and being In the North line ofa tract of land described In a deed to Anna Economic Development Corp„ as described In Volume 5813, Page 2769 of the Deed Records of Collin County, Texas; THENCE South 76°53'33" West, with the common line thereof, a distance of 198.60 feet to a capped Iron rod stamped "KAZ" set; THENCE North 55°26'11" West, a distance of 146.08 feet to a capped iron rod stamped "KAZ" set, said point being the beginning of a non-tangent curve to the left having a radius of 50.00 feet and a chord bearing and distance of North 42°19'56" West, 97AO feet; THENCE Northwesterly along said curve to the left, an arc distance of 134.21 feet and a chord bearing and distance of N 42°19'56" W, 97.40 feet to a capped iron rod stamped "KAZ" set; THENCE North 21 °39'09" West, a distance of 101.21 feet to a capped iron rod stamped "KAZ" set; said point being the beginning of a non-tangent curve to the right having a radius of 945,00 feet and a chord bearing and distance of South74°33'69" West, 76.77 feet; THENCE Southwesterly along said curve to the right, an arc distance of 76.79 feet and a chord bearing and distance of S 74°33'59" W. 76.77 feet to a capped iron rod stamped "KAZ" set; THENCE South 76°53'40" West, a distance of 906.77 feet to a capped Iron rod stamped "KAZ" set; THENCE North 13°06'20" West, a distance of 170.00 feet to a capped iron rod stamped "KAZ" set; THENCE North 76°53'40" East, a distance of 12.17 feet to a capped iron rod stamped "KAZ" set; THENCE North 13°06'20" West, a distance of 384.05 feet to a capped iron rod stamped "KAZ" set in the South line of said Warren tract; THENCE North 89°44'59" East, a distance of 34,19 feet to a capped Iron rod stamped "KAZ" set for the Southeast corner of said Warren tract; THENCE North 00°14'05" West, along the east line of said Warren tract, a distance of 603.25 feet to the PLACE OF BEGINNING and containing 981,061 square feet or 22.52 acres of land more or less. MATCH LINE • STA 26+OC b_. SEE THTC EET 9=' ii`` Y'4 . _.ox. L E G E ULtIWN InL le• SP1A1T" =0-fo-Dmo�,'jg ST 5' D14 y PRO?, p/t i PROP, 111 � PROP, V au ®�® PROP. S) h�r y PROP. SI PROP, SI 1O PROP, $1 cmnnto--\ I� ssprr f l 1 PROP. S' n0u: POLKCC EX FWE O EY SRi� E" PROP. A O PROP, ry � v ^7 t O =0-fo-Dmo�,'jg ST 5' D14 y 1, — •�7o-Ssr � � 3 rt b a o Po-irlf,� h�r y —'�—•1S M, Gal. 8' H N UIfIrWI LYL 10' YPMA/+tel I� ssprr f l 1 CgN.4 i0 EX1 12`14ATFR A 1� � v �� 1 ihY 14 YPAU4C<! =0-fo-Dmo�,'jg ST 5' D14 K t115TALL W VIATEfl � 3 rt �y{tom 8' \ 1 t I� ssprr f l 1 CgN.4 i0 EX1 12`14ATFR A 1� i !s E � / P o 7—oa1v111 ro.ct, 1 r— AIR VONT_ N.T.A "-'i• v.V.0 cnxut P6*i PLAN VIEW_ eLT.3 t. iet<� 1 I 1 1 STA =0-fo-Dmo�,'jg ST 5' D14 \ 1 t I� ssprr f l 1 f tol t i zs' u, pel„ 7 t. iet<� 1 I 1 1 ANDA CAMDEN PARK, PRASE I ESTIMATE FOR - CITY REIM13URSEMENT Item (jo. Revised Description :. Cost/Unit Unit Total Revised Contract CO1 St0fT Sewer_lmor®VementS . C-3)(7 RCB Quantity Amount CO2 C01 C -3X5 RCB $364,00 FT $220.00 174.00 1 $ CO1 C-30" RCP FT $62.00 FT 541.00$119020 96 020.00 $119,020.00 CO1 C-21" RCP G-10' Curb Inlet $392.00 FT 87,00 69.00 $5,394.00 $2,208.00 COI G -4x4 Wye Inlet $3,000.00 EA 1.00 $3,000,00 CO1 Water $3,200.00 EA Improvements 1.00 $3,200.00 C-12" Water Line (offsite) 12". Water Line (Lindsey) $42.00 FT $42.00 2777.00 $116,634.00 CO1 C-12" Water Line (onsite delta) FT $12.00 914.00 $38,388.00 CO1 G-12" Gate Valves FT $1,750.00 EA 1615.00 $19,380.00 CO1 Total Ductile Iron Fittings -43 EA C -Connect to Existing $3,500.00 TONS 8.00 5.75 $14,000.00 12" Water Line C -REM and Rep. Concrete $1'500.00 EA 2.00 $20,125.00 Paving for $3,000.00 Water Line Connection at Grand View and CR 376 due to stub out not being at CO1 location per as builts CO1 CO1 B -WL -REM and Rep. Paving -Ashpalt $10.00 SQ FT $10.00 253.00 $2,530.00 WL -Traffic Control SQ FT $1,500.00 EA 212.00 $2,120.00 Remove and Replace Wood Fences for 1.00 $1,500.00 CO2 offsite 12" water line installation $35'00 CO2 Re -sod Backyards after offsite 12" water LF 860,00 $30,100,00 line Is installed $5.50 Paving improvemen5Y ts 1500.00 $8,2S0.00 2 Offsite Pavement CR 376 -CR 427 $37.50 3 Offsite Lime Stabilization SY $2.00 1919.00 $71,962.50 CO2 4 Offsite Lime Lindsey Lane Asphalt Sy $165.00 TONS 1919.00 36.00 $3,838.00 CO2 6" Road 0- Driveways $46.50 sY 1303.00 $5,940.00 $60,589.50 Remove Existing Road and Revegetafie $47.50 5Y 154.00 $7,315.00 CO2 with Seed or Sod CO2Lindsey Lane 8' Wide Sidewalk $2.00 Sy $32.00 2338.00 $4,676.00 Connect to New Asphalt to Existing LF 600.00 $19,200.00 CO2 Pavement $15.00 LF 50.00 $750,00 Subtotal Storm Sewer Improvements Subtotal Water Improvements $196,158.00 Subtotal Paving Improvements $256,027.00 Engineering Design $174,271.00 5.10% % $6�6,456.00 $31,949.26 GRAND TOTAL EXHIBIT H IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the Developer/Owner: Anna 190. LLC a Texas limited liability company. 2. Name and title of the person with authority to execute the Impact Fee Credit Agreement on behalf of the Developer/Owner: M. T. Alchavizadeh 3. Name of Development: Camden Park, Phase 1_ Attach as "Exhibit A" a legal description of the property or new development for which the impact fee credit would be applicable. 4. Capital Improvement facilities for which impact fee credits are claimed: Lindsey Lane paving improvements and 12" water line upgrade and axtension. Attach as "Exhibit B" design or construction plans of the Capital Improvement facilities for which impact fee credits are claimed. S. Estimated Construction Cost, with respect to the engineering, design, and construction of the of the Capital Improvement facilities for which impact fee credits are claimed. $658,405.26. G. Attach as "Exhibit C" an opinion of probable cost prepared by a Texas Professional Engineer of the Capital Improvement facilities that will be constructed and for which impact fee credits are claimed. City inspection fees, and contingency estimates shall ,,,—AtQT be included in the opinion of probable cost. = IMPACT FEE CREDIT APPLICATION AND AGREEMENT -- Page 1 ate ROADWAY IMPACT FEE CREDIT AGREEMENT CAMDEN PARC, PHASE 1 This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Anna 190, LLC, ("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, and shall supersede any previous agreement between the Parties only to the extent that any such agreements directly conflict with the terms of this Agreement; and WHEREAS, Developer owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 22.52 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; 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 Developer and the City. . SECTION 2 DEFINITIONS 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, uniform codes, and other policies duly adopted by the City. Development means the new development on the Property that is the subject of this Agreement. Estimated Construction Cost, with respect to the engineering, design, and construction of the Roadway Project, means $389,320.88. IMPACT FEE CREDIT AGREEMENT Final Construction Cost, with respect to the Roadway Project, means the dollar amount actually paid for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance the Roadway Project. City inspection fees shall not be included in the Final Construction Cost. Final Credit Amount, with respect to the Roadway Project, means a dollar amount equal to the Estimated Construction Cost or the Final Construction Cost, whichever is less. 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, of the portion of Lindsay Ln. that is the subject of this Agreement. Roadway Project means the Roadway Improvement for Lindsay Lane from approximately 600 feet east of SH 5 and traveling east approximately 674.55 linear fee, also depicted as Station 0+00 to Station 6+74.55 on the civil engineering plans for Camden Parc in Anna on file win the City of Anna Public Works department, further described and depicted in Exhibit B, attached hereto. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project, and before the City has accepted such Roadway Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Final Construction Cost. (b) Maintenance Bond. For each construction contract for any part of the Roadway Project, Developer or Developer's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Roadway Project constructed under such contract. (c) Approval of Plats/Plans. Approval bythe City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, his 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. CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT (d) ;Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Roadway Project are under construction and until the full and final completion of the Roadway Project 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 Roadway Project construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) 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, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION, THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE 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 CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPMENT OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. 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 OR GROSS NEGLIGENCE. SECTION 4 ROADWAY PROJECT (a) Developer Obligations. Developer shall construct the Roadway Project depicted on the attached Exhibit B, and all Roadway Improvements appurtenant to the Roadway Project. (b) City Obligations (1) The Final Credit Amount shall be a credit against Roadway impact fees otherwise due to the City from Development of the Property. The Roadway impact fee credit for the construction of the Roadway Project shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the Roadway impact fees that would otherwise be collected until the Roadway impact fee credit authorized by this Agreement has been exhausted. (2) Notwithstanding Section 4(b)(1) above, the Roadway impact fee credit for construction of the Roadway Project shall not exceed the total amount of Roadway impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the impact fee credit authorized by this Agreement shall expire on September 30 in the tenth year following the date the Roadway Project is complete and formally accepted by the City. (4) The City shall have the right to collect Roadway impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. 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 an.d acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Manager and the Developer have duly executed this Agreement. CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT 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 of Developer under this Agreement shall constitute covenants running with the land, and shall bind Developer and each successive Developer of all of any portion of the Property. (b) 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: Anna 190, LLC Attn. M. T. AI<havizadeh 9400 N. Central Expressway, Suite 475 Dallas, Texas 75231 (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 the City and Developer expressly amending the terms of this Agreement. CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Ventre 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. (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 either Party or any breach of this Agreement, or the failure of either 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. (1) 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 City, Developer and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer and to any successor Developer/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement between 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 CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT subsequent defaults of the sarne type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT Developer: An By M. IN STATE OF TEXAS COUNTY OF bl�ti� § Before me, the undersigned notary public, on the Iq day of UA , 2016, personally. appeared M. T. Akhavizadeh, 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 Manager Anna 190 LLC. 1N1111!lillll/l// . ,is Notary Public, S to of Texas o v P 0 0 o e o v e o F111111 lit CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT CITY OF ANNA 1R ✓ By: .- rJ 1 Philip Sanders,°City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF 5a- 'n oiV �UeG Lauretta Kay Biacketer My Commission Expires y 04/01/2017 LqF �4a't4�P't�"a9' Before me, the undersigned notary public, on the me day of On -,t& ,� , 2016, personally appeared Philip Sanders, 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 City Manager of the City of Anna, Texas. Notar4 Public, State of Texas CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT ATTACHMENTS Exhibit A —The Property (legal description) Exhibit B — Roadway Project CAMDEN PARC, PHASE 1 ROADWAY IMPACT FEE CREDIT AGREEMENT Na C'it, 14 R t ti dr ig OWNERS CERTIFICATE Being apart of a 57.48 acre tract of land situated in the State of Texas, County of Collin, being part of the J. C. Brantley Survey, Abstract No. 114, and being described In a deed to SHG LAND INVESTMENTS OF ANNA FIVE, LTD,, as recorded In Instrument No, 20060524000707160 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at the most northerly northwest corner of said called 57.48 acre tract, on the South side of County Road 376, same being the northeast corner of a tract of land conveyed to T.J. Warren by County Clerk's Fite No. 96-0110244, Deed Records Collin County, Texas, and being in the South line of a tract of land described In a deed to Kevin Luong as recorded in Courtly Clerk's File Number 20110803000810210 of the Degd Records of Collin County, Texas; i THENCE South 89°57'48" East, with the South line thereof and along the north line of said SHG Land tract, a distance of 632.03 feet to a point foroomer in said road and being in the South line of a tract of land described in a deed to Augustine J. Lisai as recorded in County Clerk's File Number 96.0032196 of the Deed Records of Collin County, Texas; THENCE South 00'02'12" West, through the Interior of said SHG Land tract, a distance of 60.18 feet to a capped iron rod stamped "KAZ" set; THENCE North 89 degrees 57 minutes 31 seconds West a distance of 21.79 to a capped Iron rod stamped "KAZ" set; THENCE South 20 degrees 40 minutes 53 seconds West a distance of 176.81 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225.00 feet an a chord bearing and distance of South 53 degrees 21 minutes 08 seconds East, 123.78 feel; THENCE along said curve an are length of 125.40 feet to a capped Iron rod stamped "KAZ" set; THENCE South 37 degrees 23 minutes 10 seconds East a distance of 173.97 feet to a capped Iron rod stamped "KAZ" set at the beginning of a curve to the left having a radius of 175,00 feet and a chord bearing and distance of South 64 degrees 06 minutes 56 seconds East, 100,75 feet; THENCE along said curve an arc distance of 102.19 feet to a capped Iron rod stamped "KAZ" set; THENCE South 70 degrees 50 minutes 42 seconds Fast a distance of 20.47 feet to a capped Iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 425.00 feet and a chord bearing and distance of South 50 degrees 21 minutes 01 seconds East, 297.61 feet; THENCE along said curve an arc distance of 304.05 feet to a capped Iron rod stamped "KAZ" set; THENCE South 29 degrees 51 minutes 19 seconds East a distance of 14.67 feet to a capped Iron rod stamped "KAZ" set; THENCE North 74 degrees 28 minutes 12 seconds West a distance of 13.53 feet to a capped Iron rod stamped "KAZ' set at the beginning of a curve l the right having a radius of 775.00 feet and a chord bearing and distance of North 61 degrees 56 minutes 32 seconds East, 27.79 feet; THENCE along said curve an arc distance of 27.79 feet to a capped iron rod stamped "KAZ" sel; THENCE North 60 degrees 54 minutes 54 seconds East a distance of 31.06 feet to a capped Iron rod stamped "KAZ" set at the beginning of a curve to the left having a radius of 175.00 feet and a chord bearing and distance of North 53 degrees 23 minutes 12 seconds East, 45.86 feeeh THENCE along said curve and arc distance of 45.99 feet to a capped iron rod stamped "KAZ" set; THENCE North 45 degrees 51 minutes 29 seconds East a distance of 18,31 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 19 minutes 41 seconds East a distance of 51.66 feet to a capped iron rod stamped "KAZ" set at the beginning of a curve to the right having a radius of 225.00 feet and a chord bearing and distance of South 52 degrees 44 minutes 11 Seconds West, 64.02 feel; THENCE along said curve an arc distance of 64.23 feet to a capped Iron rod stamped "KAZ" set; THENCE South 60 degrees 54 minutes 54 seconds West a distance of 18.91 feet to a capped iron rod stamped "KAZ" set; THENCE South 29 degrees 05 minutes 06 seconds East a distance of 119.85 feet to a capped Iron rod stamped "KAZ" set; THENCE North 60 degrees 40 minutes 19 seconds East a distance of 82.82 feet to a capped Iron rod stamped "KAZ" set; THENCE South 29°19'41" East, a distance of 168.19 feet to a capped Iron rod stamped "KAZ" set; THENCE South 24'18'44" East, a distance of 195.23 feet to a capped iron rod stamped "KAZ" set in a South line of said SHG Land tract and being In the North line of a tract of land described in a deed to Anna Economic Development Corp., as described in Volume 5813, Page 2769 of the Deed Records of Collin County, Texas; THENCE South 76°53'33" West, with the common line thereof, a distance of 198.60 feet to a capped Iron rod stamped "KAZ" set; THENCE North 55'26'11" West, a distance of 146.08 feet to a capped Iron rod stamped "KAZ" set, said point being the beginning of a non -tangent curve to the left having a radius of 50.00 feet and a chord bearing and distance of North 42'19'56" West, 97.40 feet; THENCE Northwesterly along said curve to the left, an arc distance of 134,21 feet and a chord bearing and distance of N 42'19'56" W, 97.40 feet to a capped iron rod stamped "KAZ" set; THENCE North 21°39'09" West, a distance of 101.21 feet to a capped iron rod stamped "KAZ" set; said point being the beginning ofa non -tangent curve to the right having a radius of 945.00 feet and a chord bearing and distance of South74'33'59" West, 76.77 feet; THENCE Southwesterly along said curve to the right, an arc distance of 76.79 feet and a chord bearing and distance of S 74'33'59" W, 76.77 feet to a capped iron rod stamped "KAZ" set; THENCE South 76'5340" West, a distance of 906.77 feet to a capped iron rod stamped "KAZ" set; THENCE North 13"06'20" West, a distance of 170.00 feet to a capped Iron rod stamped "KAZ" set; THENCE North 76°63'40" East, a distance of 12.17 feet to a capped iron rod stamped "KAZ" set; THENCE North 13'06'20" West, a distance of 384.05 feet to a capped Iron rod stamped "KAZ" set in the South line of said Warren tract; THENCE North 89'44'59" East, a distance of 34.19 feet to a capped iron rod stamped "KAZ" set for the Southeast comer of said Warren tract; THENCE North 00'14'05" West, along the east line of said Warren tract, a distance of 603.25 feet to the PLACE OF BEGINNING and containing 981,061 square feet or 22.52 acres of land more or less. — 9+IIICH tWDEEYVUTI'll' I 9�t PREP ASH., PWfI IIAICH EX TDP PN -!T _bounty Road 370 11rJDSY ur qlh L;1,/Ch W,dim Beq. SIOIWn .Af sss' Sp WE 67 P107 49 OSI' Sr WE 1610},IS 0407.11 1 Si RIS Of TFE 1iTil55 +sin U110SEY ui �-at �P.7JD99 a OD V 7D £Y LA}lE �— �pROP 29' RIDE BEim CQYGHtiE PWT ASPHALT TRATIRMI W0 IRR}SEY'All" I PROP all PWT felt E8 we PNff, — — — — — — — — — — — I I ----------- --------------- 0 A U T 1 0 N -------------- 0AUT10N U VERCROURD UITIMES mple uwm ARO 1f94fAMN rACA(TES FACATm 01 TAISE PVAS WE UVI EOCARO fAMI RUfRERrE acRUATM WS supgao IT PAROIASAS Of 112 [ACMES THE UVOSER OCES NOT AC93-T fiE Irs}OVOHUT'C FOR VRTHR IY ICCATW> Mo. R '}All RE I£ �IMUlY rf M C011WACTOi 10 %IAFY MOTH H DIOSLY A%V WITCALLY WE 1WRCAI CF AIL f 7STgO V(UMS AW t01YR(ROM FACUIES PUA TO fM57E4Ni to TO Ulr IIIEIIA1 1 1 IDIC:Si OTOTO tO 07CAlt fAClttS CtWRU0. NY OF An towuCTS Of TAC vw VITA USTO fAUMM R£ COHTFACTOT SML PRIWAS A1A PROIECI AIC DRSIRO UTUTHS Fleu O+AUOC M15 pkH7AUCIWA ARC Dutlt[ RY INC Common TO rrsuA uTum SPALL. BE MPAAEO OY TAC COWRACIRT AT R3 moat PIM I'LL nd/wellmd It to =H for Ifj wWoo.. foal exIsong x0avah.l.. N w + E tzuilutro 111-4t\ VER CURVE SMI \STA 91-45.00, 0' LT \01STALL MUT(D M-4.1 EU0 SOLID DOODLE REVERSE CURIE SM mtotl STRL9110 \STA 9f45.00. 12.5' RT r?LD SOW INTE Moto FILE; ....... ............ OfIW 114 BEM SOLID D=1 STA Di-12.DA 57' Lr TA DtIM 8, STRIP SOLID IWI MIN SOLID r4eir SRPRIO STRIPPIG STA 9+45.00. 125' Lr Ewo D VHTF Tv Mir, ..d 376 N w + E tzuilutro 111-4t\ VER CURVE SMI \STA 91-45.00, 0' LT \01STALL MUT(D M-4.1 EU0 SOLID DOODLE REVERSE CURIE SM mtotl STRL9110 \STA 9f45.00. 12.5' RT r?LD SOW INTE Moto FILE; ....... ............ ANNA CAMDEN PARK, PHASE I ESTIMATE FOR CITY REIMBURSEMENT Item No. Description Cost/Unit Unit Total Revised Quantity Revised Contract Amount 'Storl;n. Sewer lm'6r6verneks C01 C -3x7 RCB $364.00 FT 174.00 $63,336.00 C01 C -3x5 RCB $220.00 FT 541.00 $119,020.00 C01 C-30" RCP $62.00 FT 87.00. $5,394.00 C01 C-21" RCP $392.00 FT 69.00 $2,208.00 C01 C-10' Curb Inlet $3,000:00 EA 1.00 $3,000.00 C01 C -4x4 Wye Inlet $3,200.00 EA 1.00 $3,200.00 Water Impr6vements C01 C-12" Water Line (offsite) $42.00 FT 2777.00 $116,634.00 C-12" Water Line (Lindsey) $42.00 FT 914.00 $38,388.00 C-12" Water Line (onsite delta) $12.00 FT 1615.00 $19,380.00 C01 C-12" Gate Valves $1,750.00 EA 8.00 $14,000.00 C01 Total Ductile Iron Fittings -43 EA $3,500.00 TONS 5.75 $20,125.00 C01 C -Connect to Existing 12" Water Line $1,500.00 EA 2.00 $3,000.00 C01 C -REM and Rep. Concrete Paving for Water Line Connection at Grand View and CR 376 due to stub out not being at location per as builts $10.00 SQ FT 253.00 $2,530.00 CO2 B -WL -REM and Rep, Paving-Ashpalt $10.00 SQ FT 212.00 $2,120.00 C01 WL -Traffic Control $1,500.00 EA 1.00 $1,500.00 CO2 Remove and Replace Wood Fences for offsite 12" water line installation $35,00. LF 860.00 $3.0,10.0.00 CO2 Re -sod Backyards after offsite 12" water line Is installed $5.50 ISY 1500.00 $8,250.00 Paving Improvements 2 Offsite Pavement CR 376 -CR 427 $37.50 SY 1919.00 $71,962,50 3 Offsite Lime Stabilization $2.00 SY 1919.00 $3,838.00 4 Offsite Lime $165.00 TONS 36.00 $5,940.00 CO2 Lindsey Lape Asphalt $46.50 SY 1303.00 $60,589.50 CO2 6" Road Base Driveways $47.50 SY 154.00 $7,315.00 CO2 Remove Existing Road and Revegetate with Seed or Sod $2.00 SY 2338.00 $4,676.00 CO2 Lindsey Lane 8' Wide Sidewalk $32.00 LF 600.00 $19,200.00 CO2 Connect to New Asphalt to Existing Pavement $15.00 LF 50,00 $750.00 Subtotal Storm Sewer Improvements $196,158.00 Subtotal Water Improvements $256,027.00 Subtotal Paving Improvements $174,271,00, Engineering Design 5.10% % $626.,45.0.00 $31,949.26 GRAND TOTAL $658,405.26 Camden Parc Phase I Paving & Storm Costs 9/18/2017 .............................................................................................. ................................ .......... ................................. ............................................... .............................................................................................. I ................................................ . ................................................................. ITEM ::QUANTITY - UNIT :: BID AMOUNT:: COST �� .11 Is] V L, fj I W = V171; 4 V ...................................... rT ...... ........ PUM ................................ $ .......... . . C -3x7 RCB 174.00: 63,336.00 .................................................. ....... TT ...... ........ PY66 ........... ................................... .. C -3x5 RCB 541.00:: 119,020.00 .......................................................... C-30" RCP.00 ........ ...... ...... * 87.00: *""--.... g,-�§ub ................ ....... ...... rT ......... ......... ........................ ............ ..... .'6 2,208.00 ........ C-10' Curb Inlet .................. T.'W! ....... EA ...... ...... P"'666,'66 ...... ........................ $3,000.00'''... ... ....... ............................................................ C -4x4 Wye Inlet200.00 :­ ................ T."O"61 ....... EA. $3,200.00 guff -TUT ... 9TORM-SE EK ...... .................................... ..., ................................................................................... .................. .............................. ................... ................................. ................................. .................. .... ................ 'W6,158.00 ........................ I ...................... ........................................................................................... I ................................................... "AAMMY ........ ...... ....... ................................ .................... . ................................................................................. ................................................................................. ....... Offsite Pavement CR ............................'s................... ..-- f9i..m.... ....... ......... —,*............... 6'** *'*—*'**" — : 1 7T962 ...................... Offsite Lime Stabilization ....... ................. 9Y .6 .......... V6 ........................ .04 ................. Offsite Lime. ........ '! MW K66 ......... ......... ........ R940.00 ............................................... Lindsey Lane Asphalt .......gv...............g .Vff ....6............................... 6.5 gu, .56 ...........................................................--.....­ 6.. Road Base Driveways: .................. ...........................................................7...6..-..C....R....4...2...7...... 154.00'9V .H...... .......g....�...... '.5" f1 50 $7.315:00 Remove Existing Road and Revegetate with Seed or Sod 2338.00: SY $2.00 $4,,676.00 .......................... SidewalkLindsey Lane 8' Wide 606.66: '''' Cr .......................... ...................... ....................... - s19200.00 .............................................. ............................................... ........................................... Connect to New Asphalt to Existing ................................................. : Pavement 50.00: LF $15.00 $750.00 '.. .........*...... RAVING ................................................................................................................................................................................................................ ....... ............. I ...... .............................................. ..v .74,578.04 ....gUff-Tff .. .......................................................................................... i............................i.................................................... ............................................... ....................... ............................ .................... ; ................................. ................... .1 ... 9.6. ................... UB -TOTAL 158.00 ............ ..................................................... UB-TOTAL'AAV1*Kd­­­ ... .......... .......... 578.04 ............................................................................ .................................. I ................ ................ NGIIVEERING DESIGN 5.1::% 370,736.04 907.54 ....................................................................................................................... ................... . ................................................................................. ............................................................. ...................................................... ................... W9,643.58 Camden Parc Phase I Water Costs .............................................................................................. ............................ ................... .................................. ............................................... 9/18/2017 WATER -Phase 1 I — ......F-- ..................................... ............................................... : FT ... ...............................................................................�;............................. C-12" Water Line (Lindsey) 914.00: FT 4�.00 ....... 00 (onsite,...*...""" *... .....................2777...0..0 LinedeItaT ............................&............. 1615.00: FT .......... .................................ff-12"Wafer $12.00$19,380.00 . 2Gate Vaves I.*.*..'"..*."...............................­...­........................................ 8.00 *.­ff EA ........... ..................... Total Ductile Iron Fittings -43 EA ..................K. �V .. Yb% ......................................... ........................ .........**..... I,*.*.'..-....-.....*. .'*..' ..................................... . 26wEk ..........'*.."..................*. ...... ............. .................................. -6............................ $TW66 . ...... .....- . .. P666.66 ................. C -REM and Rep. Concrete Paving for Water Line Connection at Grand View and CR 376 due to stub out not being at location per as builts 253.00: SQ FT $10.00 $2 , 530.00 ............. ....... .......... ................................ . 120.00 ...........I........................................................................................................... WL -Traffic Control ............................................................................................................................................. 1.00: EA ............ .................... ............................................... ! .. ................. ,500.00 Remove and Replace Wood Fences for offsite 12" water line installation ............................................ I ........................................... 860.00 ....................... LF $35.00 .................................... $30,100.00 I.......... Re -sod Backyards after offsite 12" water line is installed1500.00:: SY $5.50 $8,250.00 906 -TOT .............. ........... ...... .......... .............. I ................... ........... ENGINEERING DESIGN ............................................................................................. ........................... ............... %.00 ................... .................................. .......... ..................................... ............ .......... ........................... ................... .................................. .............. Crannel|Enginoedng Cost Breakdown Camden Parc Phase 2 Paving & Storm Costs 9/18/2017 RIP -RAP (Lindsey Ln.) 10:: S. Y. SUB -TOTAL STORM SEWER PAVING - Phase 2 SAWCUT, BREAKOUT & REMOVE EX. 8.00: 12,000.00 EX. ASPHALT PAVING LINDSEY LANE Y. LIME STABILIZATION (Lindsey Ln.) .00 LIME (Lindsey Ln.) .00 8'SIDEWALK (Lindsey Ln.) 119041 S.F. 7- 4- .00 354.30 Page 2:03 PM Parc Phase 2 Water Costs 9/18/2017 WATER - Phase 2 8" WATER (Lindsey Ln.) 232:: L. F. i $24.22 $5,619.04 '... '''......................................................... WATER (Lindsey : ...... ...................:.................. 1377' L.F. ................TT i . ... 54,763.29 .................... 8" GATE VALVE Lindse Ln.4: ...... * ......... EA. ........... . .............................. 163.17: ............. GATE VALVE (Lindsey Ln.) .......12" 6� ...... EA .... ... ......................................... 158.91 FIRE HYDRANT W/ 6" LEAD (Lindsey Ln.) ..... 5 EA................. ...... ........... ..................... .................................. TO EXISTING (Lindsey.�n:� ......5:......:........ .................... ............................ BONDECT ........:.............2.50%QE 0 ..7......6.. ........................2 98 900..0............................. 404:3-2.. 4-7, 3— 2— ............................ SUB TOTAL. WATER € ................... .................................. .................. Vff,44-7-10, ... 8* ***'*ENGINEERING DESIGN"*"*'*""*'*"*,*",*,*:*"*,*,*"",****,**,'5 .............................................................................................. ........................... ... 1**-:: . ................... * * - ......................... ... 0l -",*4 * 4— *7 ... 08 .................................. ................................ ............... 173.89 ........................... . ................... .................................. * ....................