Loading...
HomeMy WebLinkAboutRes 2019-10-630 Amended and Restated Roadway Impact Fee Credit Agreement with Pecan Grove Phase 2-4CITY OF ANNA, TEXAS RESOLUTION NO. a01 q- i0 - &&) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING AN AMENDED AND RESTATED ROADWAY IMPACT FEE CREDIT AGREEMENT AGREEMENT FOR PECAN GROVE PHASE 2-4, WEST FOSTER CROSSING ROAD, BY AND BETWEEN THE CITY OF ANNA AND PECAN GROVE PHASE 11, LTD., A TEXAS LIMITED PARTNERSHIP, ITS SUCCESSORS AND ASSIGNS ("PECAN GROVE"); PECAN GROVE PHASE III, LTD., A TEXAS LIMITED PARTNERSHIP, ITS' SUCCESSORS AND ASSIGNS ("PECAN GROVE III") AND STARLIGHT HOMES TEXAS L.L.C., ITS SUCCESSORS AND ASSIGNS ("STARLIGHT") AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pecan Grove Phase 2-4 Subdivision is an active development project in the City of Anna; and, WHEREAS, the City requested for the Developers to construct their portion of West Foster Crossing Road; and, WHEREAS, the City and the Developers have previously entered into a Roadway Impact Fee Credit Agreement for Pecan Grove Phase 2-4, West Foster Crossing Road; and, WHEREAS, the Developers agree to construct the required improvements to West Foster Crossing Road, or provide escrow funds or a performance bond in the amount required to construct Foster Crossing Road; and, WHEREAS, the cost to construct the improvements are eligible for reimbursement through Roadway Impact Fees; and, WHEREAS, Roadway Impact Fees from the Development shall be used to fund the total City share of the cost of the improvements in an amount not to exceed the Roadway Impact Fees collected from Pecan Grove Phase 2-4. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Funding. That the City Manager is hereby authorized to execute the Agreement attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15th day of October 2019. ATTEST: City Secretary, Carrie L. Smith APPROVED: So O F A/V U r Mayor, Nate Pike AMENDED AND RESTATED ROADWAY IMPACT FEE CREDIT AGREEMENT FOR PECAN GROVE PHASE 2-4 WEST FOSTER CROSSING ROAD This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City"), Pecan Grove Phase II, LTD., a Texas limited partnership, its successors and assigns ("Pecan Grove"); Pecan Grove Phase III, LTD., a Texas limited partnership, its successors and assigns ("Pecan Grove III") and Starlight Homes Texas L.L.C., its successors and assigns ("Starlight") (Pecan Grove and Starlight are sometimes collectively referred to herein as "Developers" and individually as "Developer"). The Roadway Impact Fee Credit Agreement for Pecan Grove Phase 2-4 West Foster Crossing Road among the City, Pecan Grove, Foster Crossing, LTD. and ATC No. 9/Shrp Commercial, LTD. dated effective August 25, 2017 is hereby amended in its entirety and replaced with this Agreement. WHEREAS, Starlight, Pecan Grove, Pecan Grove III and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof; and WHEREAS, Pecan Grove, Pecan Grove III and Starlight desire to develop parcels of real property in Collin County, Texas, composed of approximately 144.206 acres of land located entirely within the corporate limits of the City of Anna, more particularly and separately or jointly described in the attached Exhibit A (the "Property"); and WHEREAS, Pecan Grove owns the portion of the Property more particularly described on Exhibit AAI attached hereto and incorporated herein by reference (the "Pecan Grove Phase II Property"); and WHEREAS, CW — Pecan Grove, LLC ("CW") acquired the portion of the Property described on Exhibit A-3 attached hereto and incorporated herein by reference (the "Starlight Property") from ATC No. 9/Shrp. Commercial, LTD. and CW has engaged Starlight to develop the Starlight Property on behalf of CW; and, WHEREAS, Pecan Grove III is the successor in interest to Foster Crossing, LTD. and owns the portion of the Property described on Exhibit A-2 attached hereto and incorporated herein by reference (the "Pecan Grove Phase III Property", and together with the Pecan Grove Phase II Property, collectively, the "Pecan Grove Property"); and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION I RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. IMPACT FEE CREDIT AGREEMENT SECTION 2 DEFINITIONS City Acceptance Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniforin codes, and other policies duly adopted by the City, which shall apply to development of the Property by this Agreement and which are incorporated herein as if set forth in full for all purposes. Collected Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Final Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to Starlight's Construction Cost and Pecan Grove's Construction Cost, as applicable. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Pecan Grove's Construction Cost, with respect to the Roadway Project, means: (1) if Pecan Grove elects to construct Pecan Grove's Portion of the Roadway Project pursuant to Section 4(a), the dollar amount actually paid by or on behalf of Pecan Grove for (i) the acquisition of the Thornhill ROW, and (ii) the engineering, design, and construction of Pecan Grove's Portion of the Roadway Project at the time of full and final completion, dedication and acceptance of Pecan Grove's Portion of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit C; or (2) if Pecan Grove elects to provide an escrow or performance bond under Section 4(a), the dollar amount actually paid by or on behalf of Pecan Grove for the acquisition of the Thornhill ROW, plus the amount of such escrow or performance bond, which shall be $477,999.00. City inspection fees shall not be included in Pecan Grove's Construction Cost. Pecan Grove's Portion of the RoadwayProject, means the portion of the Roadway Project adjacent to the Pecan Grove Property, as depicted on Exhibit B. and the portion of the Roadway Project within the Thornhill ROW. Pecan Grove's Pro Rata Share shall be determined by multiplying the Collected Roadway Impact Fees by a fraction, the numerator of which shall be Pecan Grove's Construction Cost and the denominator of which shall be the Total Construction Cost. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement markings, sidewalks, irrigation landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Foster Crossing Road Roadway Improvements generally described as an 8" thick, 3,600 PSI, 24' -wide concrete street section from station 0+00 to station 22+40.00 a distance of approximately 2,240' as further described and depicted in Exhibit B, attached hereto, and in accordance with construction plan(s) approved by the City. Starlight's Construction Cost, with respect to the Roadway Project, means: (1) if Starlight elects to construct Starlight's Portion of the Roadway Project pursuant to Section 4(a), the dollar amount actually paid by or on behalf of Starlight for the engineering, design, and construction of Starlight's Portion of the Roadway Project at the time of full and final completion, dedication and acceptance of Starlight's Portion of the Roadway Project, which shall generally include but not be limited to the items included in the cost breakdown attached hereto as Exhibit C; or (2) if Starlight elects to provide an escrow or performance bond under Section 4(a), (i) the amount of such escrow or performance bond, which shall be $318,666.00. City inspection fees shall not be included in Starlight's Construction Cost. Starlight's Portion of the Roadway Project, means the portion of the Roadway Project adjacent to the Starlight Property, as depicted on Exhibit B. Starlight's Pro Rata Share shall be determined by multiplying the Collected Roadway Impact Fees by a fraction, the numerator of which shall be Starlight's Construction Cost and the denominator of which shall be the Total Construction Cost. Thornhill ROW means the property described or depicted on Exhibit D attached hereto. Total Construction Cost means the total combined cost of Starlight's Construction Cost and Pecan Grove's Construction Cost. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. If Starlight elects to construct Starlight's Portion of the Roadway Project pursuant to Section 4(a), once Starlight fully completes Starlight's Portion of the Roadway Project, and before the City has accepted such portion of the Roadway Project after inspection, Starlight shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Starlight's Construction Cost. If Pecan Grove elects to construct Pecan Grove's Portion of the Roadway Project, once Pecan Grove fully completes Pecan Grove's Portion of the Roadway Project, and before the City has accepted such portion of the Roadway Project after inspection, Pecan Grove shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Pecan Grove's Construction Cost. The City Manager shall review the documentation provided (for each Developer, respectively) and shall approve or deny Starlight's Construction Cost or Pecan Grove's Construction Cost, as applicable, within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld).Upon approval of Starlight's Construction Cost and Pecan Grove's Construction Cost, as applicable, and completion of inspection of the Roadway Project and Roadway Improvements, the City shall issue a written acceptance to the Developer and owner of such portion of the Property adjacent to the Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement portion(s) of the Roadway Project that has been completed, which shall signify final acceptance by the City of that portion of the Roadway Project (each such date of acceptance being referred to as the "City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Roadway Project entered into by or on behalf of a Developer, such Developer or Developer's contractor, as applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees 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 City Acceptance Date ("Maintenance Bond"). Notwithstanding the foregoing, Starlight shall only be responsible for the Maintenance Bond for Starlight's Portion of the Roadway Project and Pecan Grove shall only be responsible for the Maintenance Bond for Pecan Grove's Portion of the Roadway Project. (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 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 or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. If either Developer elects to construct a portion of the Roadway Project under Section 4(a), Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Roadway Project related to such Developer's applicable portion of the Property is under construction (and until the full and final completion of such portion 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 a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of 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 - Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) Indemnification and Hold Harmless. EACH 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 SUCH 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. IF THE ROADWAY PROJECT IS CONSTRUCTED BY A DEVELOPER AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT THAT IS CONSTRUCTED BY A DEVELOPER AND 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. EACH DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THIS PROVISION, STARLIGHT SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR PECAN GROVE'S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF PECAN GROVE'S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES; AND PECAN GROVE SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR STARLIGHT'S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF STARLIGHT'S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES. Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY APPLY TO A DEVELOPER IF SUCH DEVELOPER ELECTS TO CONSTRUCT ITS PORTION OF THE ROADWAY PROJECT UNDER SECTION 4(A). SECTION 4 ROADWAY PROJECT (a) Developer Obligations. (1) Starlight shall either (i) construct Starlight's Portion of the Roadway Project and all required Roadway Improvements appurtenant to Starlight's Portion of the Roadway Project; or (ii) provide the City with either an escrow account or performance bond equal to $318,666.00. (2) Pecan Grove shall either (i) construct Pecan Grove's Portion of the Roadway Project and all required Roadway Improvements appurtenant to Pecan Grove's Portion of the Roadway Project; or (ii) provide the City with either an escrow account or performance bond equal to $477,999.00. (3) Notwithstanding anything contained herein to the contrary, if either Developer elects to provide the City with an escrow account equal to the amount set forth in this Section 4(a) with respect to such Developer, (a) such Developer shall have no obligation to construct any portion of the Roadway Project or Roadway Improvements, (b) all of the obligations of such Developer with respect to the Roadway Project and Roadway Improvements pursuant to this Agreement shall be deemed satisfied, and (c) completion of the Roadway Project will in no way delay the issuance of building permits with respect to any portion of such Developer's Property. (b) City Obligations (1) If either Developer elects to provide the City with an escrow or performance bond in lieu of construction under Section 4(a) herein, the City will construct such Developer's portion of the Roadway Project and all required Roadway Improvements appurtenant thereto. If the City fails to complete the Roadway Project and Roadway Improvements within five (5) years after the date hereof, the City shall refund any escrowed funds to the applicable Developer. (2) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Property at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in two separate and clearly identifiable interest-bearing accounts. The Collected Roadway Impact Fees collected from the Starlight Property (the "Starlight Collected Roadway Impact Fees") shall be placed in a separate and clearly identifiable interest-bearing account for the benefit of Starlight (the "Starlight Account"), and the Collected Roadway Impact Fees collected from the Pecan Grove Property (the "Pecan Grove Collected Roadway Impact Fees") shall be placed in a second separate and clearly identifiable interest-bearing account for the benefit of Pecan Grove (the "Pecan Grove Account"). The City shall reimburse Developers up to the Total Construction Cost in the aggregate by remitting Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement Starlight's Pro Rata Share to Starlight from the Starlight Account and remitting Pecan Grove's Pro Rata Share to Pecan Grove from the Pecan Grove Account, each on a quarterly basis (the "Reimbursement").The City shall provide the Reimbursement to each Developer until the Final Reimbursement Amount has been paid in full each to Starlight and Pecan Grove, as applicable. The Collected Roadway Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developers in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (3) Notwithstanding Section 4(b)(2) above, the Reimbursement authorized by this Agreement and any and all of the City's obligations related thereto shall expire on September 30 in the tenth year following the date the Roadway Project is complete and formally accepted by the City. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developers and their successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by either 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) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after ninety (90) calendar days following receipt of written notice from the other Party referencing this Agreement and describing such breach in detail (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than ninety (90) calendar days to cure, then such additional amount Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. (c) 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 Pecan Grove: Pecan Grove Phase II, LTD Attn: Adam J. Buczek Development Partner 8214 Westchester Drive, Suite 710 Dallas, TX 75225 If to Starlight: Starlight Homes Texas L.L.C. Attention: Tom Houser 1800 Valley View Lane, Suite 100 Farmers Branch, Texas 75234 With a copy to: Ashton Woods USA L.L.C. Attention: Emily Sweitzer 3820 Mansell Road, Suite 400 Alpharetta, GA 30022 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e) 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. (f) 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 Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) 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. (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (j) 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. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (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 among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developers under applicable City Regulations. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement Pecan Grove Phase II, LTD., a Texas Limited Partnership By: Pecan Grove Phase II GP Corporation, a Texas corporation its General Partner By: Name: Adam J. Title: Director Buczek IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared Adam J. Buczek, 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 Director of Pecan Grove Phase II GP Corporation, a Texas corporation. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement Pecan Grove Phase III, Ltd., a Texas Limited Partnership By: Name: John Arnold Title: Director IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared John Arnold, 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 Director of Pecan Grove Phase III, Ltd., a Texas limited partnership. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement Starlight Homes Texas L.L.C., a Delaware limited liability company By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, 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 executed the same in his capacity as of Starlight Homes Texas L.L.C., a Delaware limited liability company. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement CITY ( IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of Q '_, 2019, personally appeared Jim Proce, 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 (SEAL) .nv s ,, CARRIE L. SMITH R*= My Notary ID # 11419404 SVS. iN♦ Expires I="ary4, 2023 c� Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit A-1 — Pecan Grove Property Exhibit A-2 — Pecan Grove Phase III, Ltd.'s Property Exhibit A-2 — Starlight Property Exhibit B - Roadway Project Exhibit C — Breakdown of Costs Exhibit D — Thornhill ROW (legal description or drawing) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement EXHIBIT A The Property (See attached) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement G�� 6p 6 191�g�g �Bg99g� A_aegge�. awl i�l 4 �� �g ggg gEp 1 QI ■ r����� �■ I ISi (0+71 17�Od 1(7.0/ 01. ii!n�l 17a4't IIq QI; 10411 01 1 iyp t figail f��1 V f�l1f t�I��✓��I O NMI 1—j r4gA �r3il 0� Q� 4011 W!A d� ( 6.�{ e�9�►' �A�At?ilitiial fad fo ol Iasi rd 01 ,m la�l Itz 1 iD [l11 OI ,tot! i,31�tm Mttol 1�! I0 Ia�I �ol Nol Iola! Ivo, IO m � Itvlpl ttet tmm raaro� 1001 ®�.1 dd K, I ; ; r11 i� v, a or total basal 'r<7� I IlGittpl INeFtI Ivor lltilvi �������� tvsu Ivtal Ia Ivtot tdtol Ivo! ((mol 1pow Ilt' tarjY+r II�Ir7tl I trnlol tutor itta Ivor tvtoi Iv.on Ivttat iv tv7at tvto, la �j 9e@Iids, ivo inai l8eIS X91 Illi I0�7 too;. Iv01 ISI I� Im looi n'u�, iami io ' �- pl 107 QI 10 l0l �ta�lat tnc:n loot lu II!!:: to ml I� of iv o�; tart t��, ,R#IRill Rll' 07 I� 8 QI Ihi vilua' �7I IQ ol�� I, I; iillll G�� /�J ... �� .,�.. ' t ,,p.,, �� �"" ��,� i�'�� I��� ,��'�l' �t't'"'�t. t1 iii ilrr �� �0 '�' fAoi�° �° , ii�ssr '�ii�a '���� �+��'�0 •�,° '� ��E , �[C �c �Ae�,fr �iq�� a��E ��'�l iC�A �'str ����c ►lie �,�`� ' o ��' ���� �y�Y�!j�F3�1 �������w r- � t �'�[� L ► 4i�0 �A,�Q '� �� ���° �� ���� . �� �0 ��� ���� ��R� �lihlf0 1L/pi �� ,ASC �� ��� ��� s �� ����o ���� ��d ��-. s�� �� T� �I ��a�ac , i�s'�ij ��.�c� ��s><c ��i�� ��� a� y��� � a� ,��o>ai� �" ���� ��5ovo ��s�c ���� itzs�c, d� �� c- C >�ai<a� i�s�����ii��i ��� ��������1� ��sa�c. ���iic i�i�i i�sio it�i�i i��la i�ili v� i®'i!� �®idi oar i��� i��iC �< iii�C i��C i�iitc 1�i©C .-� iii � �� � i��C imiiC , i�i�c ars m� a,L�iC �i�C �1�i1EC iii �� 0� �t�i�C �� ��� �� �0 0® /�i �f I� �� � o � ��, � �I' I� ., ��� Imo. /�J 0� �t ! Uri M' No r� 0� N61 f lit �0 1�MIlitJill Jill Ill .1fill lutif I.1, 'Jill 1 11 N61 EXHIBIT A-1 Pecan Grove Property LEGAL DESCRIPTION BEING, a tract of land situated in the R.C. Ingraham Survey, Abstract No. 464 and the James Slater Survey, Abstract No. 868, in the City of Anna, Collin County, Texas, being part of a 67.295 acre tract, as described in Doc. No.20151021001332960 and the 30.837 acre tract, as described in Doc. No. 20154001395460 in the Deed Records in Collin County Texas, and being more particularly described as follows: BEGINNING, at a PK nail found at the southwest corner of said 30.837 acre tract and being in approximate centerline of County Road 366; THENCE, North 01°18'43" West, with the west line of said 30.837 acre tract, for a distance of 1207.91 feet, to 1/2 inch iron rod found at the most westerly northwest corner of said 30.837 acre tract and being in the south line of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records; THENCE, North 88°28'14" East, along the north line of said 30.837 acre tract and the south line of said 10.00 acre tract, for a distance of 465.63 feet, to a 1/2 inch iron rod found at an interior ell corner of said 30.837 acre tract and being the southeast corner of said 10.00 acre tract; THENCE, North 00°13'21" West, along the west line of said 30.837 acre tract and the east line of said 10.00 acre tract, for a distance of 26.76 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 89°46'40" East, departing said west line, for a distance of 338.78 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", being a non -tangent curve to the right, having a radius of 3120.00 feet, a central angle of 05'01'11", and a tangent of 136.76 feet; THENCE, along said curve to the right for an are distance of 273.35 feet (Chord Bearing North 86'29'00" East — 273.26 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 01°27'57" East, for a distance of 580.02 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a curve to the right, having a radius of 2540.00 feet, a central angle of 11046'3 8", and a tangent of 261.97 feet; THENCE, continuing along said curve to the right for an arc distance of 522.10 feet (Chord Bearing South 84°57'07" East — 521.18 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 79°03'48" East, for a distance of 52.99 feet, to a'/z inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 10'56'12" West, for a distance of 170.00 feet, to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 79°03'48" West, for a distance of 20.91 feet, to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 08'12'18" West, for a distance of 68.74 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 02°25'52" East, for a distance of 178.92 feet, to a 1/2 inch iron rod found at the northwest corner of a 1.0758 acre tract, as described in Doc. No. 19960624000426030, in said Deed Records; THENCE, South 02°46'19" West, along the west line of said 1.0758 acre tract, for a distance of 216.91 feet, to a PK Nail set at the southwest corner of said 1.0758 acre tract being in the centerline of said County Road 366 and being in the south line of said 67.295 acre tract. THENCE, South 89°53'49" West, along the south line of said 67.295 acre tract and with said centerline, for a distance of 470.23 feet, to a PK Nail set; THENCE, South 89°54'55" West, continuing along said lines, for distance of 210.86 feet, to a PK Nail found at the southwest corner of said 67.295 acre tract and the southeast corner of said 3 0.83 7 acre tract; THENCE, South 89°54'07" West, continuing along said lines, for a distance of 891.39 feet, to the POINT OF BEGINNING and containing 38.533 acres of land. EXHIBIT A-2 Pecan Grove Phase III, Ltd.'s Property LEGAL DESCRIPTION BEING, a tract of land situated in the James Slater Survey, Abstract No. 868 and the R.C. Ingraham Survey, Abstract No. 464 in the City of Anna, Collin County, Texas, being all of a 5.675 acre tract, as described in Doe. No. 2017111000048520 and a 67.295 acre tract, as described in Doc. No. 20151021001332960, a 32.00 acre tract, as described in Doc. No. 20140731000808030, a 15.00 acre tract, as described in Vol. 5404, Pg. 22 and a 10.00 acre tract, as described in Doc. No. 20140731000808030 in the Deed Records of Official Public Records, Collin County, Texas, being more particularly described as follows: BEGINNING, at a 5/8 inch iron rod found at the northwest corner of said 32.00 acre tract and being the southwest corner of a 23.5 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, South 81°26'58" East, along the north line of said 32.00 acre tract and along the south line of said 23.5 acre tract, for a distance of 858.39 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 51°33'18" East, continuing along said north and south lines, for a distance of 315.46 feet, to a 1/2 inch iron rod found at the southeast corner of said 23.5 acre tract and being the most westerly southwest corner of a 9.920 acre tract, as described in Doc. No. 20061220001790430, in said Deed Records; THENCE, South 51°25'13" East, continuing along said north line and with the south line of said 9.920 acre tract, for a distance of 277.54 feet, to a 1/2 inch iron rod found; THENCE, South 86°09'33" East, continuing along said north and south lines, for a distance of 83.32 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 19°29'06" West, departing said lines, for a distance of 63.50 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a radius of 445.00 feet, a central angle of 19°42'26", and a tangent of 77.29 feet; THENCE, along said curve to the left for an are distance of 153.06 feet (Chord Bearing South 09°37'53" West - 152.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 00013'20" East, for a distance of 59.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the north line of said 5.675 acre tract; THENCE, North 88°41'17" East, along the north line of said 5.675 acre tract, for a distance of 44.48 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the most easterly northeast corner of said 5.675 acre tract, THENCE, South 00°46'37" East, along the east line of said 5.675 acre tract, for a distance of 112.52 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the south line of said 32.00 acre tract; THENCE, North 89°54'07" East, departing said east line and with the south line of said 32.00 acre tract, at 384.71 feet, passing the southeast corner of said 32.00 acre tract and being the most westerly southwest corner of said 10.00 acre tract, and continuing for a total distance of 534.58 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, departing a south line of said 10.00 acre tract, for a distance of 208.28 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non - tangent curve to the right, having a radius of 3410.00 feet, a central angle of 02°51'27", and a tangent of 85.05 feet; THENCE, along said curve to the right for an are distance of 170.70 feet (Chord Bearing South 84°16'05" East - 170.05 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 070999" West, for a distance of 460.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 2950.00 feet, a central angle of 00°05'01 ", and a tangent of 2.16 feet; THENCE, along said curve to the right for an are distance of 4.31 feet (Chord Bearing South 82°47'50" East - 4.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°14'41" West, for a distance of 120.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the left, having a radius of 2830.00 feet, a central angle of 08°12'15", and a tangent of 201.44 feet; THENCE, along said curve to the left for an arc distance of 405.23 feet (Chord Bearing North 86°51'27" West - 404.88 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 01°27'57" West, for a distance of 290.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the left, having a radius of 3120.00 feet, a central angle of 04026'37", and a tangent of 121.05 feet; THENCE, along said curve to the left for an are distance of 241.98 feet (Chord Bearing South 86°46'17" West— 241.92 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 85°10'38" West, for a distance of 371.20 feet, to a 1/2 inch iron rod found at the southeast corner of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records and being in the west line of said 5.675 acre tract; THENCE, North 00°13'20" West, along the east line of said 10.00 acre tract and the west line of said 5.675 acre tract, for a distance of 412.38 feet, to a 1/2 inch iron rod found at the northeast corner of said 10.00 acre tract; THENCE, South 88°28'07" West, departing the west line of said 5.675 acre tract and along the north line of said 10.00 acre tract, at 998.31 feet, passing a 1/2 inch iron rod found at the northwest corner of said 10.00 acre tract and continuing for a total distance of 1272.21 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the west line of said 32.00 acre tract and being in the east line of a 15.0 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, North 15°42'13" East, along said east and west lines, for a distance of 1076.18 feet, to the POINT OF BEGINNING and containing 43.489 acres of land. EXHIBIT A-3 Starlight Property EXHIBIT B The Road Project a� M�1191� A'J1„— ry a„fL 11 /ai_ DA 1. (?4. 3 ,F X ) } 0�� 11 ali grr "A'' Cg. or F . M�',� ,`,V. ■ • rr��w\�F �f�'1 __ ; W{�61► ti�}i]dtrS��i�t`W�liy /Wr�i40F �■111CS�\'{� -,y"orre— '�" lPG_ —2 �� 7 " O •' (�yj1 Sl�t�l �� i rpm M 00 NOR Id000 US Sol 10000 1,g, C m EXHIBIT C Breakdown of Costs' PROJECT QUANTITIES -FOSTER CROSSING SECTION 1 -ENGINEERING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 1.1 Geotechnical Investigation 1 LS $2,500.00 $2,500.00 1.2 Design Survey 1 LS $7,500.00 $7,500.00 1.3 Engineering Design 1 LS $35,000.00 TOTAL COSTS $45,000.00 SECTION II -TESTING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 2.1 Material Testing 1 LS $6,750.00 $6,750.00 2.2 ROW Acquisition (estimated cost) 1 LS $38,000.00 $38,000.00 2.3 Construction Staking 1 LS $8,000.00 $8,000.00 2.4 As Built Plans 1 LS $2,000.00 $2,000.00 Dirt Work -On -Site Balanced Cut and Fill (Unci. TOTAL COSTS $54,750.00 SECTION III -EROSION AND GRADING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 2.3 15' Curb Inlet 1 EA $6,000.00 Site Work -Clearing and Grubbing (All Existing 3.1 Fence Removed) 2.86 AC $1,500.00 $4,290.00 Site Work -Tree removal, Disposal and 3.2 Demolition 1 LS $30,000.00 $30,000.00 Dirt Work -On -Site Balanced Cut and Fill (Unci. 3.3 Exc) 17000 CY $3.50 $59,500.00 Erosion Control -Miscellaneous- Stabilized 3.4 Construction Ent./Ext 1 EA $2,000.00 $2,000.00 Erosion Control- Inlets - Curb Inlet Protection - 3.5 Complete 2 EA $350.00 $700.00 Erosion Control - Drainage - Silt Fence -With 3.8 Wire Backing 4000 LF $2.00 $8,000.00 Erosion Control - Grassing -Seeding -Square 3.9 Yard 30000 SY $0.35 $10,500.00 TOTAL COSTS $114,990.00 SECTION IV - STORM DRAINAGE ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 2.1 24" RCP 15 LF $95.00 $1,425.00 2.2 18" RCP 183 LF $85.00 $15,555.00 2.3 15' Curb Inlet 1 EA $6,000.00 $6,000.00 ' Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid.for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. 2.4 10' Curb Inlet 1 EA $5,000.00 $5,000.00 2.5 4' Stm. Manhole (Sta. 11+20 Line D-8) 1 EA $5,000.00 $5,000.00 TOTAL COSTS $32,980.00 SECTION V -PAVING Foster Crossing ITEM I DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 5.1 Subgrade Preparation 7000 SY $5.00 $35,000.00 5.2 Hydrated Line 130 TON $170.00 $22,100.00 5.3 8"-3600 psi Paving 5450 SY $60.00 $327,000.00 5.4 6" Concrete Transition 1050 SY $50.00 $52,500.00 5.5 White Edge Striping 600 LF $5.00 $3,000.00 5.6 Two Way Traffic Buttons 620 LF $5.00 $3,100.00 5.7 Remove Asphalt Pavement 5000 SY $12.00 $60,000.00 5.8 Remove Concrete Driveway 164 SY $5.00 $820.00 5.9 Install Concrete Driveway 75 SY $50.00 $3,750.00 5.10 Install Chip/Seal Drive 267 SY $25.00 $6,675.00 5.11 Traffic Control 1 LS $35,000.00 $35,000.00 TOTAL COSTS $548,945.00 TOTAL $796,665.00 IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the Developer/owner: Pe-elnl 600,P,fU1SL� -Zr 1-7b ,IJ�S� C65a0,W4 Gip. �7G NA.9�'iXP �y 2. Name and title of the person with authority to execute the Impact Fee Credit Agreement on behalf ofthe Developer/Owner: k"61(] -/ *S IV 3. Name of Development: PFw ,,&m`" &,a =-'.T Attach os " hEx tblt A„ a legal description of the property or pew development for which the Imppactfeecredit would beapplicable. JA!, A'10- 4,40.7 P�d Fp2 PiLfSt"S ]y' _r- o` p. -c kj 6Ro,c" /;r"o, "Pp<Ik�7) "� 4'S . rts<7 4. Capital Improvementfacilities for which Impact fee credits are claimed: 00+ rr(&'66"M + Attach as "Exhibit 8"schematic d slgr or construction plans of the Capital improvement facllltles 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. his-/ 2 Attach as "Exhlblt cl an opinion of probable cost prepared by a Texas Professlonal Engineer of the Capital Improvement facNltles that Will be constructed and for which Impactfeecredits are claimed city lnspectlonfees,and contingency estimates Mall NOTbe Included In the opinion of probable cost AVN 6+4v� ft rr +t 7s, z %mrr 9Y'NCO 6RAV 04tfc Xr !P 4 jbrr6w,, n i�x<5 w+P� NSwr� i S � •-!''�'S� Signature ofA an—t Date }DMI abtz� S+I+rcivs+— s* rr�terz ccon✓✓h 4P r<xlkurs,a ,T�s 8/z5/r �-_ sY• ADo40-rly-4 64�i avrzek, Arc A - 7fJr/eP rm1M6Xrrn—,fir < :�iar /ti;,[�p�/v ,+ SS'- r}TC Ab , 9101,tp Gn-w wcya 4p Corper<� b, , S 7--,riy 4Piw1"4,vr--- hW-1 J`. SUC2--9 A 2Etzn IMPACT FEE CREDIT APPLICATION 4844-7096-1826v.2 19719-15