HomeMy WebLinkAboutRes 2024-11-1697 Park Development Fee Credit to Dedicate Park Land and Park Improvements RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO.. • .. I r �LaQ'1
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A PARK
DEVELOPMENT FEE CREDIT AGREEMENT WITH MERYL STREET LP TO
DEDICATE PARK LAND AND CONSTRUCTION PARK IMPROVEMENTS
ADJACENT TO THE MERYL STREET DEVELOPMENT AND REDUCE THE
PARK DEVELOPMENT FEE OWED BY HOME BUILDERS.
WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the Park
Development Fee Credit Agreement with Meryl Street LP is instrumental and necessary to the
installation of park improvements east of the Meryl St development; and
WHEREAS, the City Council considers the dedication of park land and the construction of park
improvements east of the Meryl St development to be beneficial to the neighbors of Anna, Texas,
meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and
WHEREAS, the City Council approves the proposed Park Development Fee Credit Agreement.
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 as set forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a Park
Development Fee Credit Agreement with Meryl Street LP 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 and enforce the Park Development
Fee Credit Agreement with Meryl Street LP.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 12t'' day of November
2024.
ATTEST:
t� APPROVED:
-�4 191
City Secretary, Carrie L nd ��� _ �MayoF, Pete Cain
PARK DEVELOPMENT FEE CREDIT AGREEMENT
This Park Development Fee Credit Agreement (this "Agreement") is entered into by and between
the City of Anna, Texas, a home -rule municipality (the "City") and Meryl Street LP, a Delaware
limited partnership (the "Developer").
WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as
the "Parties" or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement shall supersede any previous agreement
between the Parties regarding the subject matter hereof, and
WHEREAS, Developer desires to develop certain real property in Collin County, Texas,
composed of approximately 12.882 acres of land located entirely within the corporate limits of the
City of Anna, Texas as a multifamily apartment development, more particularly described in the
attached Exhibit A (the "Atartment Property");
WHEREAS, Developer herein agrees to develop the Parkland Improvements (defined herein) on
that certain real property in Collin County, Texas, composed of approximately 2.519 acres of land
located entirely within the corporate limits of the City of Anna, more particularly described in the
attached Exhibit B (the "Parkland Property"); and
WHEREAS, Developer and City acknowledge and agree that under applicable City Regulations
the development of the Apartment Property would ordinarily require the payment to the City a
Two Thousand and No/100 Dollars ($2,000.00) fee per apartment unit relating to park
development in the City (the "Park Development Fee", as further defined herein) and that said
Park Development Fee must be paid at the time of application for a building permit; and
WHEREAS, Developer and City acknowledge and agree that under applicable City Regulations
the development of the Apartment Property would ordinarily require the payment to the City a Six
Hundred and No/100 Dollars ($600.00) fee per apartment unit relating to a fee in lieu of park land
dedication(the "Parkland Dedication Fee", as further defined herein) and that said Parkland
Dedication Fee in lieu of park land dedication must be paid at the time of the submission of final
plat; and
WHEREAS, Developer and City acknowledge and agree that 7 acres of park land dedication is
required based on the development of three hundred forty (340) multifamily residential units; and
WHEREAS, Developer and City acknowledge and agree that 2.5 acres of park land shall be
dedicated by Developer to the City leaving a balance of 4.5 acres of park land due to the City from
Developer; and
WHEREAS, Developer agrees to design and construct, at its sole cost and expense, the Parkland
Improvements on the Parkland Property to serve the Apartment Property and the City; and
Park Development Fee Credit Agreement- Page 1
4856-8208-6856, v. 9
WHEREAS, in consideration for Developer designing and constructing the Parkland
Improvements, the City agrees to grant a credit toward the amount of the Park Development Fee
in the total amount of Six Hundred Eighty Thousand and No/100 Dollars ($680,000.00), as a credit
to the costs incurred and paid by Developer for the design and constriction of the Parkland
Improvements subject to the terms hereof; and
WHEREAS, in consideration for the Developer dedicating 2.5 acres of actual park land to the
City, with the Parkland Improvements constructed thereon, the City agrees to grant a credit to
Developer toward the amount of the Parkland Dedication Fee in the total amount of Seventy -Five
Thousand and No/100 Dollars ($75,000.00), subject to the terns hereof; and
WHEREAS, the City agrees to contribute a maximum of Two Hundred Eleven Thousand One
Hundred Ninety -Two and No/100 Dollars ($211,192.00), to the Parkland Improvements;
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 fiirther describe the
Parties' intent under this Agreement and said recitals constitute representations by the Parties.
SECTION 2 DEFINITIONS
Building Permit means a permit issued by the City for vertical construction of a multifamily
apartment development on the Apartment Property.
City Approval Date has the meaning ascribed to that term in Section 3(a).
City Code means the Anna City Code of Ordinances.
City Manager means the current, acting, or interim City Manager of the City of Anna or a person
designated to act on behalf of the City Manager with respect to this Agreement if the designation
is in writing and signed by the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, and uniform codes,
duly adopted by the City.
Developer's Design and Construction Cost, with respect to the Parkland Improvements, means:
the dollar amount actually paid by or on behalf of Developer for the engineering, design, land
surveying, and construction of the Parkland Improvements, which shall generally include but not
be limited to the items listed in the cost breakdown attached hereto as Exhibit D. City inspection
fees shall not be included in Developer's Design and Construction Cost. The Developer's Design
and Construction Cost shall be Eight Hundred Ninety -One Thousand One Hundred Ninety -Two
and No/100 Dollars ($891,192.00).
Park Development Fee Credit Agreement- Page 2
4856-8208-6856, v. 9
Development means the multifamily apartment development to be constructed by Developer on
the Apartment Property, including without limitation certain common areas, that are part of the
Apartment Property and the Parkland Property.
Multifamily Unit means the three hundred forty (340) apartment units that Developer shall
constrict on the Apartment Property.
Park Development Fee Credit Amount, with respect to the Parkland Improvements, means the total
dollar amount of Six Hundred Eighty Thousand and No/100 Dollars ($680,000.00), which equals
a credit for three hundred forty (340) multifamily residential units at a per unit fee of Two
Thousand and No/100 Dollars ($2,000.00) of the Park Development Fee due from Developer to
the City. The City shall credit the Park Development Fee Credit Amount to Developer upon the
City's Acceptance Date and dedication of the Park Property by Developer to the City.
Parkland Dedication Fee Credit Amount, with respect to the park land dedication being made by
Developer to the City, means the total dollar amount of Two Hundred Four Thousand and No/100
Dollars ($204,000.00), which equals a credit for three hundred forty (340) multifamily residential
units at a per unit fee of Six Hundred and No/100 Dollars ($600.00) of the Parkland Dedication
Fee due from Developer to the City. This Parkland Dedication Fee Credit Amount shall include a
credit of Seventy -Five Thousand and No/100 Dollars ($75,000.00) for the 2.5 acres of actual park
land being dedicated to the City by Developer, and the balance of One Hundred Twenty -Nine
Thousand and No/100 Dollars ($129,000.00) shall be paid by the Developer to the City upon final
plat approval by the City.
Parkland Improvements means design, surveying, testing, corridor preparation, paving excavation,
construction of concrete paving, signage, markings, and any other improvements necessary for a
trail system, parking area, pavilion, pickleball courts and dog park for the Parkland Improvements
in accordance with the City of Anna Engineering Design Standards. The Parkland Improvements
shall include the design and construction of the improvements depicted and described as the
Parkland Improvements in Exhibit C, attached hereto, and in accordance with construction plan(s)
approved by the City.
SECTION 3 GENERAL PROVISIONS
(a) Documentation of Actual Amount Paid. Once Developer fully completes construction of the
Parkland Improvements and the City has inspected and approved same, Developer shall
provide the City Manager with documentation reasonably acceptable to the City Manager
evidencing Developer's Design and Construction Cost. The City Manager shall review the
documentation provided and shall approve or deny Developer's Design and Construction Cost
within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably
withheld). If the City Manager denies the submittal, the City Manager will provide a written
explanation and, if appropriate, seek additional documentation. The Parties shall cooperate in
attempting to reach an agreement on the dollar amount of the Developer's Design and
Construction Cost. If the City Manager takes no action within such fifteen (15) day period,
the documentation and Developer's Design Cost shall be deemed approved. Upon approval
(or deemed approval) of Developer's Design Cost, the City shall issue a written acceptance
Park Development Fee Credit Agreement- Page 3
4856-8208-6856, v. 9
letter to Developer, which shall signify final acceptance by the City of the Parkland
Improvements (referred to as the "City Acceptance Date").
(b) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or
representative of any plans, designs or specifications submitted by Developer pursuant to this
Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release
of the responsibility and liability of Developer, its engineer, employees, officers or agents for
the accuracy and competency of their design and specifications. Further, any such approvals
shall not be deemed to be an assumption of such responsibility and liability by the City for
any defect in the design and specifications prepared by Developer's engineer, its officers,
agents, servants or employees, it being the intent of the Parties that approval by the City's
engineer signifies the City's approval on only the general design concept of the improvements
to be constructed and that the design plans and specifications meet the requirements of the
City Regulations.
(c) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time
when the Parkland Improvements are under construction: (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 and/or hold
harmless 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 Parkland Improvements construction contracts, whether
by Developer, a contractor, subcontractor, engineer, materialman, or otherwise. Coverage
must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which
is rated "A- I" or better by A.M. Best's Key Rating Guide and licensed to do business in the
State of Texas; and (ii) name the City as an additional insured and contain a waiver of
subrogation endorsement in favor of the City. Upon the execution of design contracts,
Developer shall provide to the City certificates of insurance evidencing such insurance
coverage together with the declaration of such policies, along with the endorsement naming
the City as an additional insured. Each such policy shall provide that, at least 30 days prior to
the cancellation, non -renewal or modification of the same, the City shall receive written notice
of such cancellation, non -renewal or modification.
(d) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO
INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT
LIMITATION DEATH TO ANY AND ALL PERSONS, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES,
EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER
CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN
CONNECTION WITH DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR
OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS_,
SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR
Park Development Fee Credit Agreement- Page 4
4856-8208-6856, v. 9
EMPLOYEES IN CONNECTION WITH THE CONSTRUCTION OF THE
PARKLAND IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR
DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE
TERM OF THIS AGREEMENT. EXCEPT FOR THE PARKLAND
IMPROVEMENTSAPPROVAL SET FORTH IN THIS AGREEMENT, AT NO TIME
SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN
OR CONSTRUCTION OF THE PARKLAND IMPROVEMENTS BY DEVELOPER
AND THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS,
TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN
AND CONSTRUCTION. 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 LEGALLY CLAIMING AN INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY
WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S
REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER
OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT.
NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS
AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY,
DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN
NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT
THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY
APPLY TO DEVELOPER IF DEVELOPER CONSTRUCTS THE PARKLAND
IMPROVEMENTS.
SECTION 4 PARKLAND IMPROVEMENTS
(a) Developer Obligations.
(1) As a condition to the City granting the Park Development Fee Credit, Developer agrees
to: (1) design and construct the Parkland Improvements at its sole cost and expense in a
good and workmanlike manner; (2) commence construction of the Parkland
Improvements within sixty (60) days following the purchase of the Apartment Property
and the Parkland Property by Developer; and (3) fully complete construction of the
Parkland Improvements before the issuance of the Certificate of Occupancy for the
Multifamily Unit on the Apartment Property.
(2) Upon the completion of the Parkland Improvements and the City Acceptance Date,
Developer shall deliver to the City a special warranty deed in the form attached hereto as
Exhibit E, conveying to the City the Parkland Property, including the Park and the Park
Improvements, and the City will accept and Developer shall record the special warranty
deed.
Park Development Fee Credit Agreement- Page 5
4856-8208-6856, v. 9
(3) Notwithstanding anything to the contrary contained herein, the City hereby agrees to
defer payment of the Park Development Fee until such time as the City's Acceptance
Date. Developer shall present, and the City shall consider Developer's Design and
Constriction Costs in accordance with the required Park Development Fee. If the
Developer's Design and Construction Costs is less than the Park Development Fee
calculated by the City at time of Building Permit submittal for the multifamily apartment
development on the Apartment Property, Developer shall be responsible to remit the
difference in the Park Development Fee and the Park Development Fee Credit. If the
Developer's Design and Construction Costs exceed the calculated Park Development Fee,
no additional fee shall be due or payable from Developer to the City.
(b) City Obligations
(1) The City shall provide the Developer with a credit equal to the Park Development Fee
Credit. The Park Development Fee Credit will be applied by the City at the time of
application for each Building Permit.
(2) The City shall contribute a maximum of Two Hundred Eleven Thousand One Hundred
Ninety -Two and No/100 Dollars ($211,192.00), in the form of a reimbursement to the
Developer upon the completion of the Parkland Improvements and the City Acceptance
Date.
(3) Notwithstanding Section 4(b)(1) above, the Park Development Fee Credit authorized by
this Agreement shall expire on December 31 in the tenth year after the Effective Date.
SECTION 5 EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to
this Agreement is fully and properly affixed to this Agreement and acknowledged by a public
notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have
duly executed this Agreement. The Developer's Obligations shall not be effective until the date
upon which Developer acquires fee simple title to the Apartment Property and the Parkland
Property. For the avoidance of doubt, Developer is under no obligation to conduct the closing on
either the Apartment Property or the Parkland Property. Therefore, in addition to the foregoing, in the
event the Developer elects not to proceed with the closing contemplated, this Agreement shall
automatically terminate and the Parties shall have no further rights or obligations hereunder.
SECTION 6 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of
the terms of this Agreement.
SECTION 7 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants under this Agreement shall bind Developer and its successors
and assigns.
Park Development Fee Credit Agreement- Page 6
4856-820E-6856, v. 9
(b) Except for future owners of all or a portion of the Property, this Agreement shall not be
assignable by Developer without the prior written consent of the City, which the City will not
unreasonably withhold, condition, or delay.
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 fiill 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
snail, 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: Ryan, Henderson, City Manager
120 W. 7th Street
Anna, TX 75409
Email: renderson@annatexas.gov
If to Developer: Meryl Street LP
c/o The NRP Group LLC
Attn: Noam Magence, General Counsel
1228 Euclid Avenue, 4`h Floor
Cleveland, Ohio 44115
Phone: (216) 584-0660
Email: Legal Land NoticesCti,nrpgroup.com
(c) Complete Agreement_ This Agreement embodies the entire Agreement between the Parties
and cannot be varied or terminated except as set forth in this Agreement, or by written
agreement of all Parties expressly amending the terms of this Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to
be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement
shall remain in full force and effect and the unlawful provision shall be replaced with a
provision as similar in terms and effect to such unlawful provision as may be valid, legal and
enforceable.
Park Development Fee Credit Agreement- Page 7
4856-8208-6856, v. 9
(f) Representation. Each signatory representing this Agreement has been read by the party for
which this Agreement is executed and that such Party has had an opportunity to confer with
its counsel.
(g) Consideration_ This Agreement is executed by the Parties hereto without coercion or duress
and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to
enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit
or waive such Party's right thereafter to enforce and compel strict compliance of the
Agreement.
(i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto.
The language of all parts of this Agreement shall be construed as a whole according to its fair
meaning, and any presumption or principle that the language herein is to be construed against
any Party shall not apply. Headings in this Agreement are for the convenience of the Parties
and are not intended to be used in construing this document.
(j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties
hereto and is not intended to and shall not confer any rights or benefits on any third party not
a signatory hereto.
(k) Counterparts. This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
(1) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will
be deemed to constitute a waiver of any other provision or any other agreement among the
Parties. No waiver of any provision of this Agreement will be deemed to constitute a
continuing waiver unless expressly provided for by written amendment to this Agreement;
nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent
defaults of the same type. Nothing herein shall waive any obligations of Developer under
applicable City Regulations.
[SIGNATURE PAGES FOLLOW,
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Park Development Fee Credit Agreement- Page 8
4856-8208-6856, v. 9
DEVELOPER:
MERYL STREET LP
a Delaware limited partnership
By: NRP Meryl GP LLC
a Delaware limited liability company
its general pa--
r�
By:
Noan agence
Title: Authorized Signatory
IN WITNESS WHEREOF:
STATE OF OHIO
COUNTY OFL�(j,
[3efbre me, the undersigned notary public, on the i day of f'l)�i ���}{.0 . 2024. personally
appeared Noam Magence, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in his capacity as
Authorized Signatory of NRP Meryl GP LLC, a Delaware limited liability company, as the
general partner of Meryl Street LP, a Delaware limited partnership.
Notary Public, State of Ohio
(SEAL) .� ', Rebecca M&*
Nobly Nk sew of ado
catnndwioo t 20041I 71N2
Icy C,ammWN E*M 12 261028
Park Development Fee Reimbursement Agreement —Signature Page
4856-8208-6856, v. 10
CITY:
CITY OF ANNA
By:
,A an Henderson, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2024, personally
appeared 'v,,n k- , 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. ' )
"� "• CARRIE L. LAN(? �
rx TpYnU`�`'-NotarV Public, State of Texas
=N • °" Comm. Expires 02-0A-2027 Notary Public, Stafe of Texas
NotarY ID 11419404
(SEAL)
Park Development Fee Reimbursement Agreement — Signature Page
4856-8208-6856, v. 9
ATTACHMENTS
Exhibit A - The Apartment Property (legal description and survey)
Exhibit B — The Parkland Property (legal description and survey)
Exhibit C - Parkland improvements
Exhibit D — Cost Estimate (including design and constriction)
Exhibit E — Special Warranty Deed (dedicating the Parkland Property to the City)
Park Development Fee Reimbursement Agreement — Signature Page
4856-8208-6856, v. 9
EXHIBIT A
The Apartment Property
Being Lot 8, Block A of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the Plat
thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas.
[see attached survey]
Park Development Fee Credit Agreement — Exhibit A
4856-8208-6856, v. 9
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EXHIBIT B
The Parkland Property
Being Lot 1, Block B of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the Plat
thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas.
[see attached survey]
Park Development Fee Credit Agreement — Exhibit A
4856-8208-6856, v. 9
7mi
EXHIBIT C
Parkland Improvements
PROVIDE UPDATED INFORMATION
Park Development Fee Credit Agreement — Exhibit A
4856-8208-6856, v. 9
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EXHIBIT D
Developer's Design and Construction Costs
PROVIDE UPDATED INFORMATION
Park Development Fee Credit Agreement — Exhibit A
4856-8208-6856, v. 9
Park Improvements Construction Costs
Cie rel-
9 9 1,319, 1
S " d e-,.-.- a Mks
S123.888
Ccjncre-.e :?avemenr.
6 1- .5, ,, I
Ccinc,re--e ::'Latwork
-�54.750
s-Tibution
Oaverierr. S-rfping
"S, 11, 6 0 0
S . ri r r i D r ca -�- 1- 1 C-1 izl e
S60,900
S.;-C- .::urnishings
S93357
e n c e s a n d G c- -.eS
S132,000
--)41,100
gh-rL
11-A10,300
Total
S891;191
EXHIBIT E
Special Warranty Deed Form
Dedication Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DEDICATION DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That APFC ANNA APARTMENTS SLP, LLC, a Texas limited liability company wholly owned by the Anna
Public Facility Corporation, whose address is 111 N. Powell Parkway, Anna, Texas 75049 ("Grantor"), as a
dedication, donation and gift to the CITY OF ANNA, a Texas home rile municipality (herein referred to as
"Grantee"), whose address is Attn: , Anna, Texas , has
DEDICATED and CONVEYED, and by theses presents does hereby DEDICATE and CONVEY unto Grantee
for public use, a certain 2.5 acre tract of land located in Collin County, Texas, the following described property,
effective as of the date hereof ("Pro e "):
Being Lot 1, Block B of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according
to the plat thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas.
The Property is being conveyed under this Dedication Deed (the "Deed") to Grantee to be used for the
sole purpose of a public park (the "Public Use"), and, by Grantee's execution and acceptance of delviery of this
Deed and conveyance, Grantee hereby acknowledges and agrees that the Property (and the acreage therein) shall
not be used for a use other than the Public Use and shall be credited by Grantee, as the City of Anna, Texas, to
Grantee's requinnents for open space and park land dedication (the "Park Requirements") under the City of Anna
Ordinance No. , for the benefit of Grantor, and relating the parkland improvement fee credits which
shall be issued by Grantee to Grantor for the same (the "Parkland Improvements Fee Credits").
The conveyance of the Property under this Deed shall be subject to all exceptions to title and other matters
of record as of the date hereof or matters that would be disclosed by a current survey of the Property (the
"Permitted Exceptions").
TO HAVE AND TO HOLD the above -described Property, subject to the Permitted Exceptions, together
with all and singular the rights and appurtenances thereto in any wise belonging to Grantor, unto the said Grantee,
its successors and assigns forever, without express or implied warranty. All warranties that might arise by
common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded.
[SIGNATURE PAGE FOLLOWS]
Park Development Fee Credit Agreement — Exhibit A
4864-6051-5573, v. 1
EXECUTED effective the day of , 2024.
GRANTOR:
APFC ANNA APARTMENTS SLP, LLC
a Texas limited liability company
By:_
Name:
Title:
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this day of , 2024, by
, the of APFC Anna Apartments SLP, LLC, a Texas
limited liability company, wholly owned by the Anna Public Facility Corporation, on behalf of said corporation.
Notary Public, State of
Printed Name:
Notary I.D. No.:
My Commission Expires:
AFTER RECORDING RETURN TO:
Cohen Rabinowitz PLLC
One International Centre
100 NE Loop 410, Suite 610
San Antonio, TX 78216
Attn: Andrew S. Cohen, Esq.
Park Development Fee Credit Agreement — Exhibit A
4864-6051-5573, v. 1
GRANTEE:
CITY OF ANNA, TEXAS
a Texas municipal corporation
By:_
Name:
Title:
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on this day of 1 2024, by
, the City Manager of the City of Anna, Texas, a Texas municipal
corporation.
Notary Public in and for the State of Texas
Printed Name:
My Commission Expires:
Park Development Fee Credit Agreement— Exhibit A
4856-8208-6856, v. 10
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EXHIBIT D
Park lmpvovenients C011SIRICU011 COStS
S99.397
S71 d t k s
Cinc re--e :16--iemem.
Concre-.e Ftc-;-�,.f-ork
"SN.750
WaTer Distribution
S12.950
C*A ve m e ri: SlYi p n g
1.
S--orm Drc-l-liage
900
S,
c e s cal r i c e iS
Elecr-cal
4 1 , 1 IS)
Light Fixtures
ti
Incisca-p'na and lrr"o---
C:
-IS 19.5 .0 13 0
LTotzqLj
S891,1911