HomeMy WebLinkAboutRes 2024-04-1614 Development Agreement with Anna 60 Partners LP (City Park Heights East) RECORDEDCITY OF ANNA, TEXAS
RESOLUTION NO. 20 Z14 — OI { — I to I y
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WOODLAND
ESTATES DEVELOPMENT AGREEMENT WITH
RELATING TO DEVELOPMENT OF PROPERTY FOR A SINGLE-FAMILY PLANNED
DEVELOPMENT
WHEREAS, approximately 60± acres of real property located in and/or near the municipal
boundaries of the City, in Collin County, Texas is intended to be developed as a single-family planned
development (the "Property"); and
WHEREAS, the City intends that the Property be developed in accordance with the City
Park Heights East Pre -Annexation Development Agreement, attached hereto as Exhibit 1;
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 and Authority to Execute
The City Council hereby approves the City Park Heights East Pre -Annexation Development
Agreement, attached hereto as Exhibit 1, and authorizes the Mayor's or the City Manager's
execution of the same. The Mayor or City Manager are hereby authorized to execute all documents
and take all other actions necessary to finalize, act under, and enforce the Development Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 23rd day of April 2024.
City Park Heights East DEVELOPMENT AGREEMENT
This CITY PARK HEIGHTS EAST DEVELOPMENT AGREEMENT (this
"Agreement") is entered into by and between the CITY OF ANNA, TEXAS, a home -rule
municipality (the "City"), Anna 60 Partners LP, a Delaware Entity (its successors and assigns,
"Developer"), to be effective as of a3, 2024 (the "Effective Date").
ARTICLE I
RECITALS
WHEREAS, certain terns used in these recitals are defined in Article 2; and
WHEREAS, Developer owns or is under contract to purchase approximately +/-62.5 acres
of real property located within Collin County, Texas (the "County"), which property is described
by metes and bounds on Exhibit A ("Property") attached hereto and incorporated herein by
reference; and
WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETJ")
of the City; and
WHEREAS, the Property is located entirely within the certificated area of the City's water
CCN (No. 12976) and sewer CCN (No. 20898);
WHEREAS, Developer desires to develop the Property pursuant to mutually agreeable
governing regulations; and
WHEREAS, Developer anticipates commencing development on the Property as a
residential development following the Date of Acquisition (defined herein) and the adoption of an
ordinance by the City annexing the Property in accordance with the terns of this Agreement; and
WHEREAS, the Developer and the City are sometimes collectively referenced in this
Agreement as the "Parties," or, each individually, as a "Party"; and
WHEREAS, except as otherwise expressly set forth to the contrary in this Agreement, it
is the Parties' mutual intent that this Agreement shall supersede City Regulations only to the extent
that City Regulations conflict with the terns of this Agreement; and
WHEREAS, the Parties desire for the design, construction, and financing of certain public
infrastructure necessary to serve the Property and other properties in the vicinity of the Property
that will benefit the City and the public;
WHEREAS, the Parties have the authority to enter into this Agreement including, but not
limited to, the authority granted by Section 212.172 of the Texas Local Govertnnent Code;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
City Park Heights East DEVELOPMENT AGREEMENT — Page 1
ARTICLE II
DEFINITIONS
Unless the context indicates otherwise, the following teens shall have the meanings hereinafter set
forth:
Building Codes has the meaning ascribed to that teen in Section 3.1(f).
Business Day shall mean a day that is not a Saturday, Sunday or official holiday in the State of
Texas. All other references to "days" hereunder shall mean calendar days.
Capital Improvement(s) shall have the meaning provided in Chapter 395, Texas Local Government
Code.
Capital Improvement Costs means Construction Costs for Capital Improvements.
Capital Improvements Plan ("CIP") means all capital improvements plan(s) duly adopted by the
City under Chapter 395, Texas Local Governinent Code, as may be updated or amended from time
to time.
CCN means a certificate of convenience and necessity issued by the Texas Public Utility
Commission or its predecessor or successor agency pursuant to Chapter 13, Texas Water Code.
City means the City of Anna, a home rule municipality located in Collin County, Texas.
Cites means the Anna City Code of Ordinances.
City Council means the City Council of the City.
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 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 ordinances or regulations duly adopted by the City Council, as modified by the Governing
Regulations.
Construction Costs means any contributions, dedications or costs or fees actually paid by the
Developer for infrastructure improvements, as applicable, including without limitation the costs
related to engineering, design, surveying, pennitting, construction, inspection, materials, supplies,
labor, testing, financing, off -site, third -party property/easement acquisitions, and all costs related
in any manner to such infrastructure improvements as approved by the City's engineer; however,
the cost of off -site, third -party property/easement acquisitions obtained by the City pursuant to
Section 4.7, if any, shall be limited to the fair -market value of any property/easement acquired,
plus any damages to the remainder, all as detennined by a licensed appraiser mutually agreed upon
by the Parties, and Eminent Domain Fees.
City Park Heights East DEVELOPMENT AGREEMENT — Page 2
Date of Acquisition means the date that Developer or its assignee acquires the Property, at which
time this Agreement shall become effective and filed in the Real Property Records of Collin
County, Texas.
Developer means Ania 60 Partners, LP, a Delaware Entity, its successors and assigns.
Developer Improvements means the Lift Station Improvements, the Water System Improvements,
the Roadway Dedication and the Roadway Improvements, to the extent shown in the current
Master Thoroughfare Plan, Water System Master Plan, Wastewater System Master Plan, or
fonnally added to these plans in accordance with this Agreement.
Development means new development on the Property that is the subject of this Agreement.
Development Regulations has the meaning ascribed to that term in Section 3.1(d).
Effective Date has the meaning ascribed to that term in the first paragraph.
Governing Regulations has the meaning ascribed to that term in Section 3.1.
Impact Fees means those roadway impact fees, water impact fees, and wastewater impact fees
assessed and charged against the Property or the Project in accordance with Chapter 395 of the
Texas Local Govenunent Code and as defined therein, including without limitation those impact
fees paid by or on behalf of any owner, builder or contractor. For the avoidance of doubt, the terra
"Impact Fees" when capitalized in this Agreement shall not include water impact fees.
Impact Fee Accounts means the interest -bearing Impact Fee deposit accounts maintained by the
City pursuant to Section 395.024, Texas Local Government Code, as amended. For clarity, the
term "Impact Fee Accounts" for purposes of this Agreement shall only include accounts in which
roadway hnpact Fees, water hnpact Fees, and wastewater Impact Fees are deposited.
Impact Fee Reimbursement(s) means direct payments from the Impact Fee Accounts to reimburse
Capital Improvement Costs that the City requires Developer to construct pursuant to this
Agreement or otherwise).
Municipal Services means all services provided by the City as of the Effective Date and those
which may be provided in the future, including, without limitation, water, sewer, roadway,
drainage, solid -waste collection, fire protection, and law enforcement.
Notice means any notice required or contemplated by this Agreement (or otherwise given in
confection with this Agreement).
Project means Developer's proposed development of the Property with single family residential
uses including not to exceed 500 residential lots. Exhibit C.
Property means the real property described by metes and bounds on Exhibit A.
City Park Heights East DEVELOPMENT AGREEMENT — Page 3
Property Public Infrastructure means all public infrastructure constructed to serve the development
within the Property, including but not limited to water, sewer, drainage, and roadway
infrastructure; sidewalks, streetlights, signage and other streetscape improvements.
Roadway Dedication means the dedication of approximately 7.75 acres for the Roadway
Improvements in the general location for future Ferguson Parkway (minor arterial), future "Road
H" (future residential collector) and future Road "S" (future east -west arterial at northern end of
the subject property) depicted on Exhibits D-1, D-2 and D-3.
Roadway Improvements (future Ferguson Parkway) means approximately 2,500 linear feet of 8-
inch (8") thick concrete pavement, of four (4) lanes of Ferguson Parkway from CR 371 to the
future northernmost east -west arterial connecting to the grade -separated intersection with US 75,
and a five foot (5') wide sidewalk along the west side of such road improvements, including
without limitation associated right-of-way preparation, grading, erosion control, paving
excavation, drainage (e.g., stonn sewer pipe, inlets, junction boxes, and headwalls, as applicable),
curbs, striping, and any other improvements related to the same, as applicable, as generally
depicted on Exhibit E-1 and generally in accordance with the final design/construction plans for
the same.
Roadway Improvements (future "Road H" (residential collector)) means approximately 1,500
linear feet of 8-inch (8") thick concrete pavement, 37' wide which will constitute a residential east -
west collector (Road "H") connecting from CR 371 on the Developer's western property line to a
point near the Developer's eastern property line near Bryant Elementary School, and a five foot
(5') wide sidewalk along the north side of such road improvements, including without limitation
associated right-of-way preparation, grading, erosion control, paving excavation, drainage (e.g.,
stonn sewer pipe, inlets, junction boxes, and headwalls, as applicable), curbs, striping, and any
other improvements related to the same, as applicable, as generally depicted on Exhibit E-2 and
generally in accordance with the final design/construction plans for the same.
Roadway Improvements future east -west arterial means approximately 750 linear feet of 8-inch
(8") thick concrete pavement, 60' ROW, constitute a residential east -west arterial (to be named
later) connecting from the Developer's eastern property line to future Ferguson Parkway, and a
five foot (5') wide sidewalk along the south side of such road improvements, including without
limitation associated right-of-way preparation, grading, erosion control, paving excavation,
drainage (e.g., storm sewer pipe, inlets, junction boxes, and headwalls, as applicable), curbs,
striping, and any other improvements related to the same, as applicable, as generally depicted on
Exhibit E-3 and generally in accordance with the final design/construction plans for the same.
Roadway Improvements Costs has the meaning ascribed to that teen in Section 4.5(d).
Sign Ordinance has the meaning ascribed to that tenn in Section 3.1(c).
Subdivision Regulations has the meaning ascribed to that tern in Section 3.1(a).
Tenn has the meaning ascribed to that term in Article IX.
Zoning Ordinance has the meaning ascribed to that tern in Section 3.1(b).
City Park Heights East DEVELOPMENT AGREEMENT — Page 4
ARTICLE III
DEVELOPMENT REGULATIONS
3.1 Governing Regulations. Development of the Property shall be governed by the
following regulations (collectively, the "Governing Regulations," all of which are incorporated
into this Agreement as if set forth in full):
(a) City Code, Article 9.02, the subdivision regulations of the City, in effect on
the Effective Date (the "Subdivision Regulations");
(b) except as amended by the Development Regulations (defined below), the
comprehensive zoning ordinance of the City, in effect on the Effective Date (the "Zonin
Ordinance");
(c) City Code, Article 9.05, in effect on the Effective Date (the "Sign
Ordinance")-,
(d) the development regulations for the Property set forth on Exhibit B,
including the Illustrative Layout / General Development Plan attached thereto (except as
otherwise set forth in Section 3.3 in the event of conflicts) (the "Development
Regulations");
(e) upon annexation pursuant to Section 5.1, the uniform building codes, as
amended from time to time, including any local amendments thereto adopted by the City
(the "Building Codes"). The tenn'Building Codes," as applied to a particular building shall
mean the Building Codes in effect on the date the first application is filed for a building
pen -nit for the building in question. For the avoidance of doubt, the Building Codes shall
only apply to the Property from and after annexation of the Property. As it relates solely to
Property Public Infrastructure for any given phase of the Project —notwithstanding any
provision of this Agreement —the applicable construction standards (including, without
limitation, the Building Codes) shall be those that the City has duly adopted at the time of
the filing of an application for a preliminary plat for such phase containing the Property
Public Infrastructure in question; and
(f) except as set forth in this Agreement to the contrary, any other applicable
provisions of Chapter 4 (Building Regulations), Chapter 6 (Fire Prevention and
Protection), Chapter 9 (Plaiming and Development Regulations), Chapter 12 (Utilities) and
Appendix A (Fee Schedule) of the City Code.
The Governing Regulations are the controlling development regulations for development
of the Property, and no other City Regulations, rules, standards, policies, orders, guidelines, or
other City -adopted or City -enforced requirements of any kind (including but not limited to any
moratorium adopted by the City) apply to the use or development of the Property to the extent
such regulations or requirements are in conflict with the Governing Regulations or this Agreement.
The Governing Regulations are considered part of this Agreement and are incorporated herein by
reference for all purposes.
City Park Heights East DEVELOPMENT AGREEMENT — Page 5
3.2 Compliance with City Regulations. It is expressly understood that the City
Regulations (as amended by the Governing Regulations and this Agreement) as applicable to the
Property and its use and development, include but are not limited to any such City Regulations (as
amended by the Governing Regulations and this Agreement) that were affected by the passage of
Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and
Methods Regulations") all of which are incorporated herein as if set forth in full; except as may be
amended by the approval and adoption of amended Planned Development District Standards
provided, however, to the extent of any conflict between the requirements of the Materials and
Methods Regulations and the requirements of this Agreement, this Agreement shall control and
the Materials and Methods Regulations shall not be applicable to the development of the Property
to the extent of any conflict with the terms of this Agreement.
3.3 Conflicts. In the event of any conflict between the Development Regulations and
the Zoning Ordinance, Sign Ordinance, or Building Codes, the Development Regulations
contained herein shall control. In the event of a conflict between the Governing Regulations and
the City Regulations, the Governing Regulations shall control. In the event of any conflict between
this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline or other
City -adopted or City -enforced requirement, whether existing on the Effective Date or hereinafter
adopted, unless otherwise agreed by the Parties, this Agreement shall control. In the event of any
conflict between the Illustrative Layout / General Development Plan and the remainder of the
Development Regulations in Exhibit B, the remainder of the Development Regulations in Exhibit
B shall control and prevail. In the event of any conflict between any future Concept Plan and the
Development Regulations in Exhibit B, the Development Regulations in Exhibit B shall control
(except for modifications to the Illustrative Layout / General Development Plan that are allowed
pursuant to the terms of the Development Regulations and/or Zoning Ordinance).
ARTICLE IV
UTILITIES; PUBLIC INFRASTRUCTURE
4.1 Generally. City and Developer agree in principle to fund certain on -site
infrastructure and other improvements for the subject Property pursuant to the establishment of a
Property Improvement District ("PID") upon the terms and conditions to be mutually agreed upon
and documented within ninety (90) days of Developer's closing on the Property. Other
infrastructure improvements: 1) roadway improvements; 2) off -site water; 3) off site sanitary
sewer; 4) oversize water or sanitary sewer shall be reimbursed to the Developer from either the
City of Anna's Capital Improvements Program; available oversize reimbursement funds, and/or
impact fee credits. Reimbursements shall include the full cost of construction, design, survey and
other related expenses. Except as otherwise expressly provided for in this Agreement, Developer
shall provide all on -site Property Public Infrastructure necessary for the Development, including
streets, utilities, drainage, sidewalks, street lighting, street signage, and all other required
improvements, at no cost to the City except as provided herein or otherwise required pursuant to
applicable law, in accordance with City Regulations, and as approved by the City's engineer or his
or her agent. Developer shall cause the installation of such improvements within all applicable
time frames in accordance with the City Regulations and/or amended Planned District Regulations
unless otherwise approved herein. Developer 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 approval of a final plat.
City Park Heights East DEVELOPMENT AGREEMENT — Page 6
Construction of any portion of the Property Public Infrastructure shall not be initiated until a
pre -construction conference that includes a City representative has been held regarding the
proposed construction and City has issued a written notice to proceed, which notice shall not be
unreasonably withheld, conditioned or delayed.
4.2 Sanitary Sewer Facilities.
(a) Generally. Developer is responsible for the design, installation, and
construction in a good and workmanlike manner of all on -site sanitary sewer improvements
minimally necessary to serve the Project ("Sewer Facilities"). The design of Sewer
Facilities shall be in accordance with the City Regulations and approved by the City in
advance of the construction of same. Subject to the City's obligations under Section 4.7,
(b) Off -Site Sanitary Sewer Facilities. Developer shall be required to construct
and fund off -site sanitary sewer facilities or improvements for development of the Property.
The cost for the off -site sanitary sewer facilities shall be reimbursed either through the
City's Capital Improvement Program (as a reimbursement), the future PID, a
reimbursement of commensurate utility impact / tap fees, other available programs through
the City's Subdivision Ordinance or a combination of these mechanisms. The
reimbursements for such facilities shall include the cost of construction, design, survey,
and other related costs approved by the City Engineer and such approval will not be
unreasonably withheld, conditioned, or delayed.
(c) Exhibit H: Utilities illustrates the location of off -site sanitary sewer
facilities. Although it is anticipated that the developments to the south will provide utility
"stub -outs" to the subject property, the timing is unknown. Therefore, the City and the
Developer hereby agree to coordinate with the adjacent development to expedite the major
off -site trunk sanitary sewer facilities. The Developer will make reasonable efforts to
coordinate with the adjacent property owners and land developers to acquire easements
and/or expedite the construction of the sanitary sewer facilities; however, in the event that
the Developer is unsuccessful, the City shall participate in expediting the off -site sanitary
sewer facilities.
(d) Amendment to CIP. The City agrees that it will take all required actions to
amend the City's Capital Improvements Plan to include all the costs for the off -site sanitary
sewer Improvements ("CIP Amendment") within six (6) months of the Effective Date,
including without limitation the City Council's consideration and final action of the same.
Developer shall have no responsibility for any costs associated with the CIP Amendment.
4.3 Water Facilities.
(a) Developer is responsible for the design, installation, and construction of all
on -site water improvements minimally necessary to serve the Project ("Water Facilities").
The design of the Water Facilities shall be in accordance with the City Regulations and
approved by the City in advance of the construction of the same. Subject to the City's
obligations under Section 4.7, Developer shall be responsible for the acquisition of any
easements and other property acquisitions necessary for the Water Facilities (the size and
City Park Heights East DEVELOPMENT AGREEMENT — Page 7
extent of each such easement or other property interest to be approved by the City) for all
development upon and within the Property. The locations of said easements or other
property interests shall be approved by the City's engineer as part of the platting process.
(b) Off -Site Water Facilities. Developer shall be required to construct and fund
off -site water facilities or improvements for development of the Property. The cost for the
off -site water facilities shall be reimbursed either through hmpact Fee Reimbursements, a
Public Improvement District as described in Section 4.8, a waiver of tap fees, or a
combination of these.
(c) Amendment to CIP. The City agrees that it will take all required actions to
amend the City's Capital Improvements Plan to include all the costs for the off -site water
Improvements ("Water CIP Amendment") within six (6) months of the Effective Date,
including without limitation the City Council's consideration and final action of the same.
Developer shall have no responsibility for any costs associated with the Water CIP
Amendment.
4.4 Water and Sewer Services.
(a) Generally. The City represents and confirms that it currently has and
reasonably expects to continue to have the capacity to provide continuous and adequate
retail water and sewer service to the Property at times and in capacities sufficient to meet
the service demands of the Project as it is developed. Upon acceptance of the Water
Facilities and Sewer Facilities, the City shall operate said facilities to serve the Project and
use them to provide service to all customers within the Project at the same rates as similar
projects located within the City as otherwise required by State law as the holder of the
CCNs covering the Property.
(b) Sewer Service. From and after the Date of Acquisition, the City shall be the
retail provider of wastewater service to the Property. If the City is at any time unable or
unwilling to provide adequate wastewater treatment capacity for the Property for
development permitted under this Agreement, the City agrees and consents to (1)
Developer taking all actions necessary to procure additional wastewater capacity from
another source to resolve the deficiency and, if unsuccessful in such procurement,
Developer taking all actions necessary to remove the City as the retail provider of
wastewater service to the Property; (2) allowing the un-served portion of the Property to
be served by an alternative retail provider to the extent required to resolve any deficiency,
including, but not limited to, a wastewater treatment plant; and (3) Developer's discharge
permit application to the TCEQ if a municipal utility district or other district will serve as
the alternative retail provider of wastewater service to any portion of the Property.
Notwithstanding the foregoing, if a professional engineer who holds a license issued under
Chapter 1001, Texas Occupations Code, certifies that the City is capable of providing
continuous and adequate wastewater service to all or any portion of the Property, the City
will be required to do so.
(c) Water Service. From and after the Date of Acquisition, the City shall be the
retail provider of water service to the Property. If the City is at any time unable or unwilling
City Park Heights East DEVELOPMENT AGREEMENT — Page 8
to provide adequate water treatment capacity to the Property for development pennitted
under this Agreement, the City agrees and consents to (1) Developer taking all actions
necessary to procure additional water capacity from another source to resolve the
deficiency and, if unsuccessful in such procurement, Developer taking all actions necessary
to remove the City as the retail provider of water service to the Property; and (2) allowing
the un-served portion of the Property to be served by an alternative retail provider to the
extent required to resolve any deficiency. Notwithstanding the foregoing, if a professional
engineer who holds a license issued under Chapter 1001, Texas Occupations Code, certifies
that the City is capable of providing continuous and adequate water service to all or any
portion of the Property, the City will be required to do so. Water wells other than water
wells currently part of the City's water system may be used, subject to any applicable state
rules and regulations, as a potable water supply for the Property if the City is unable or
unwilling to provide retail water service to the Property.
4.5 Roadway Facilities.
(a) Developer is responsible for the design, installation, and construction in a
good and workmanlike manner of all on -site roadway facilities necessary to serve the
Project ("Roadway Facilities") in accordance with the City Regulations. The design of the
Roadway Facilities shall be approved by the City in advance of the construction of same.
(b) Roadway Dedication and Roadway Improvements. Developer agrees to (1)
provide the Roadway Dedication; and (2) subject to the City's obligations under Section
4.7, cause the design and construction of and fund or cause to be funded the Roadway
Improvements, and shall be entitled to reimbursement for such Roadway Improvements,
including Right -Of -Way dedication, either through hnpact Fee Reimbursements, a Public
Improvement District as described in Section 4.8, or a combination of these mechanisms.
he design and civil engineering for the Roadway Improvements shall be commenced by or
on behalf of Developer within 90 days of the Effective Date. Developer shall commence
or cause the commencement of onsite construction of the Roadway Improvements within
12 months of the Effective Date. Substantial Completion of construction of the Roadway
Improvements shall occur within 36 months of the Effective Date and shall occur before
or substantially concurrent with the City's acceptance of the Property Public Infrastructure
for the first phase of the Development. If the completion of construction of the Roadway
Improvements is not complete within said 36-month period, the City may witlihold any
and all building permits for construction of residences until said construction of the
Roadway Improvements has been completed and accepted by the City. Other than the
Roadway Improvements, Developer shall not be required to construct or fund any off -site
roadway facilities or improvements for development of the Property. For purposes of this
Section 4.5(b) "commencement of onsite construction" shall mean when Developer or any
affiliate or entity related to Developer has executed a construction contract and has
mobilized the equipment and machinery on -site that is reasonably necessary to commence
construction of the Roadway Improvements.
City Park Heights East DEVELOPMENT AGREEMENT — Page 9
(c) City Cost Participation of RoadwaImprovements.
(1) As of the Effective Date, the Parties anticipate that the Roadway
Improvements Costs for Ferguson Road will be equal to or less than
$3,400,000.00. Notwithstanding any statement to the contrary
herein, if at the time Developer receives full design plans and
construction bids for the Roadway Improvements and the estimate
of the Roadway Improvements Costs exceeds $3,400,000.00
(which exceeds the total estimated Impact Fee Reimbursement for
such Roadway Improvements), the Parties agree to either (1) enter
into a new agreement or amend this Agreement to provide for a
different mechanism whereby the City will reimburse Developer for
any Roadway Improvements Costs for Ferguson Parkway that
exceed $3,400,000.00; or (2) amend this Agreement to reduce the
scope of said Roadway Improvements in order to lower the total
Roadway Improvements Costs equal to or below $3,400,000.00. See
for reference Exhibit E-1: Roadway Dedication Ferguson Road.
(2) As of the Effective Date, the Parties anticipate that the Roadway
Improvement Costs for the East-West Collector (Road "H") will be
equal to or less than $1,800,000.00. Notwithstanding any statement
to the contrary herein, if at the time Developer receives full design
plans and construction bids for the Roadway Improvements and the
estimate of the Roadway Improvements Costs exceeds
$1,800,000.00 (which exceeds the total estimated Impact Fee
Reimbursement for such Roadway Improvements), the Parties agree
to either (1) enter into a new agreement or amend this Agreement to
provide for a different source from which the City will reimburse
Developer for any Roadway Improvements Costs for Road H that
exceed $1,800,000.00; or (2) amend this Agreement to reduce the
scope of said Roadway Improvements in order to lower the total
Roadway Improvements Costs equal to or below $1,800,000.00.
See for reference Exhibit E-2 Roadway Dedication Road H.
(3) As of the Effective Date, the Parties anticipate that the Roadway
Improvement Costs for the East-West Arterial which extends to US
75 grade separated interchange (Mantua Road Interchange) will be
equal to or less than $450,000.00. Notwithstanding any statement
to the contrary herein, if at the time Developer receives full design
plans and construction bids for the Roadway Improvements and the
estimate of the Roadway Improvements Costs exceeds $450,000.00
(which exceeds the total estimated Impact Fee Reimbursement for
such Roadway Improvements), the Parties agree to either (1) enter
into a new agreement or amend this Agreement to provide for a
different source from which the City will reimburse Developer for
Road S that exceed $450,000.00; or (2) amend this Agreement to
reduce the scope of said Roadway Improvements in order to lower
City Park Heights East DEVELOPMENT AGREEMENT — Page 10
the total Roadway Improvements Costs equal to or below
$450,000.00. See for reference Exhibit E-3 Roadway Dedication
Road S.
(d) Documentation of Roadway Improvements Costs. Once Developer fully
completes the Roadway Improvements, and before the City has accepted the Roadway
Improvements after inspection, Developer shall provide the City Manager with
documentation evidencing the Capital Improvement Costs for the Roadway Improvements,
including without limitation the fair market value of the Roadway Dedication (the
"Roadway mprovements Costs"). The "Roadway Improvement Costs shall include the
costs for civil engineering, surveying, platting, grading, pavement, associated storinwater
system, associated sidewalks, associate landscaping (including trees, sod, irrigation),
associated traffic management and signage, and incidentals such as SWPPP, bonds, pro-
rated project management, and other related construction fees. The City Manager shall
review said documentation (the "Roadway IMprovements Costs Documentation") and shall
approve or deny the Roadway Improvements Costs within fifteen (15) Business Days of
receipt thereof (which approvals shall not be unreasonably withheld, conditioned or
delayed) or a longer period of time if the City Manager reasonably requests additional
evidence of the Roadway Improvements Costs. If the City Manager denies any Roadway
Improvements Costs, the City Manager shall provide Developer with a detailed explanation
as to the reasons for denial and a description of the additional information needed.
Developer may resubmit any costs and additional information for costs that are denied. If
the City Manager takes no action within thirty (30) calendar days of Developer's initial
submittal of the Roadway Improvements Costs, the Roadway Improvements Costs shall be
deemed automatically approved. Upon approval (or deemed approval) of the Roadway
Improvements Costs, the City shall issue a written acceptance letter to Developer, which
shall signify final acceptance by the City of the Roadway Improvements and Roadway
Dedication. Notwithstanding the foregoing or any other provisions of this Agreement, the
Roadway Improvements Costs or any portion thereof shall not be deemed approved unless
the Developer includes on the first page of the Roadway Improvements Costs
Documentation a statement in bold, underlined, fully -capitalized lettering in at least 12-
point sized font stating: "IF THE CITY MANAGER TAKES NO ACTION WITHIN
THIRTY (30) CALENDAR DAYS OF THE SUBMITTAL OF THIS ROADWAY
IMPROVEMENTS COSTS DOCUMENTATION, THEN THE ROADWAY
IMPROVEMENTS COSTS SHALL BE DEEMED TO BE AUTOMATICALLY
APPROVED."
(e) The City agrees to cooperate with Developer (or its representatives) to
facilitate the aligninent of future Ferguson Parkway from CR 371 to the northernmost
"east -west" arterial as shown on the Illustrative Layout / General Development Plan
included with the Development Regulations. Ferguson Parkway is currently aligned in
such a way that two lanes are the responsibility of two different property owners in two
different areas. The Developer is willing to build those "off -site" segments of two lanes,
provided that the City reimburses the Developer in "dollar for dollar" for all off -site
expenses and the City acquires the Right -Of -Way from the two property owners.
Developer shall not commence such construction without written approval from the City's
engineer.
City Park Heights East DEVELOPMENT AGREEMENT — Page 11
(f) The City agrees to cooperate with the Developer (or its representative) to
facilitate the aligrunent of the future "east -west" arterial at the northern end of the Property
as shown on the Illustrative Layout / General Development Plan included with the
Development Regulations.
4.6 Construction, Inspection, and Ownership.
(a) Construction Bidding. The Parties acknowledge that construction of the
Developer Improvements and Property Public Infrastructure are not subject to competitive
bidding requirements under applicable law. Notwithstanding any other provision of this
agreement: (1) the City's level of participation in funding any costs under this Agreement
shall not exceed 30 percent of the total contracted price of such improvements or
infrastructure exclusive of costs for any oversizing of improvements required by the City
(including but not limited to increased capacity of improvements to anticipate other future
development in the area); and/or (2) at least one-third of such costs is to be paid by or
through special assessments levied on property that will benefit from the improvement.
(b) Performance Bond, Payment Bond and Other Security. For each
construction contract for all or any part of the Developer Improvements and the Property
Public Infrastructure, the contractor for such improvements, as applicable, must execute a
perfonnance bond in favor of the City and a payment bond for the construction and work
covered by those contracts, which bonds shall be in accordance with Texas Government
Code, Chapter 2253 and applicable City Regulations. For each construction contract for all
or any part of the Developer Improvements and the Property Public Infrastructure,
Developer or the contractor for such improvements 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 Developer Improvements and/or the Property Public Infrastructure, arising from
defective workmanship or materials used therein, for a full period of two (2) years from
the date of final acceptance of the Developer Improvements and/or Property Public
Infrastructure constructed under such contract.
(c) Inspections and Acceptance of Developer Improvements and Property
Public Infrastructure. The City shall inspect, as required by City Regulations, the
construction of all Developer Improvements and any Property Public Infrastructure
necessary to support the proposed development within the Property, including water,
sanitary sewer, drainage, and streets. The City's inspections shall not release the Developer
from its responsibility to construct, or cause the construction of, adequate Developer
Improvements and Property Public Infrastructure in accordance with approved engineering
plans, construction plans, and other approved plans related to development of the Property.
Notwithstanding any provision of this Agreement, it shall not be a breach or violation of
this Agreement if the City temporarily withholds City utility services as to any portion of
the Development until all Property Public Infrastructure necessary to serve such portion of
the Development is properly constructed according to the approved engineering plans and
City Regulations, and until such Property Public Infrastructure has been dedicated to and
accepted by the City, which acceptance shall not be unreasonably withheld, conditioned or
delayed. Notwithstanding the foregoing, the City may not withhold utility services to a
City Park Heights East DEVELOPMENT AGREEMENT — Page 12
portion of the Development if all necessary infrastructure has been properly constructed
and accepted by the City for such portion of the Development, even if infrastructure for
other portions of the Development have not yet been completed. For the avoidance of
doubt, the Parties intend that the Development may be constructed in phases and Developer
is only required to construct such Property Public Infrastructure necessary to serve each
phase, respectively. From and after the inspection and acceptance by the City of the
Property Public Infrastructure and any other dedications required under this Agreement,
such improvements and dedications shall be owned by the City. Acceptance of the
Developer Improvements and Property Public Infrastructure by the City shall not be
unreasonably withheld, conditioned, or delayed, and shall be evidenced in a writing issued
by the City Manager or his or her designee. Upon acceptance of the Property Public
Infrastructure or any portion thereof by the City, the City shall, at all times thereafter,
maintain and operate the accepted improvements in good condition and working order in
compliance with all applicable laws and ordinances and all applicable regulations, rules,
policies, standards, and orders of any governmental entity with jurisdiction over same.
(d) Phasing. The Property (including the Property Public Infrastructure to serve
the same) may be developed in phases and Developer may submit or cause to be submitted
a plat for all or any portions of the Property in accordance with the Governing Regulations.
The Developer Improvements may also be completed and accepted in phases.
(e) Insurance. Developer and/or the general contractor(s) for construction of
the Developer Improvements and the Property Public Infrastructure shall acquire and
maintain, during the period of time when any of the Developer Improvements and Property
Public Infrastructure are under construction (and until the full and final completion of such
Developer Improvements and/or Property Public Infrastructure, as applicable, 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 $1,000,000.00. Such
insurance shall also cover any and all claims which might arise out of the Developer
hnprovements and/or Property Public Infrastructure construction contracts, as applicable,
whether by Developer, a contractor, subcontractor, material man, 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 Anna 60 Partners LP, a Delaware Entity, and the City
as an additional insured and contain a waiver of subrogation endorsement in favor of the
City. Upon the execution of construction contracts for the Developer Improvements and/or
Property Public Infrastructure, as applicable, Developer shall provide or cause to be
provided to the City certificates of insurance evidencing such insurance coverage, 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 of the same, the City shall receive
written notice of such cancellation. For the avoidance of doubt, if the insurance required
pursuant to this subsection is acquired and maintained by a contractor, such insurance
provided by the contractor shall be sufficient (and Developer shall not be required to obtain
duplicate insurance that is already provided by a contractor).
City Park Heights East DEVELOPMENT AGREEMENT — Page 13
(f) INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER,
INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY
COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND
INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS,
JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY, WHETHER
REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES AND RELATED EXPENSES, EXPERT WITNESS FEES,
CONSULTANT FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING
OUT OF THE NEGLIGENCE OF THE DEVELOPER, INCLUDING THE
NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, MATERIAL MEN, AND AGENTS (EACH A "DEVELOPER
PARTY" ), IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY
DEVELOPER IMPROVEMENTS, PROPERTY PUBLIC INFRASTRUCTURE,
STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE
REQUIRED UNDER THIS AGREEMENT; AND IT IS EXPRESSLY UNDERSTOOD
THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE
CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT
NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION.
NOTWITHSTANDING THE FOREGOING, THE DEVELOPER SHALL NOT,
HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS
CAUSED BY THE CITYS SOLE NEGLIGENCE OR WILLFUL MISCONDUCT,
AND IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE
CONCURRENT NEGLIGENCE AND/OR FAULT OF THE DEVELOPER OR A
DEVELOPER PARTY AND THE CITY, THE DEVELOPERS INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS
EQUIVALENT TO THE DEVELOPERS OWN PERCENTAGE OF
RESPONSIBILITY IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND
ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD
HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO
HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY
MANNER OR ARISE IN CONNECTION WITH THE DEVELOPER'S
MISREPRESENTATION TO THE CITY OF ITS OWNERSHIP, TRANSFER OR
CONVEYANCE OF ANY PORTION OF THE PROPERTY. AT NO TIME SHALL THE
CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN,
CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS
CONSTRUCTED OR CAUSED TO BE CONSTRUCTED BY DEVELOPER 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.
4.7 Eminent Domain. Developer agrees to use reasonable efforts to obtain all
third -party rights -of -way, consents, or easements, if any, required for the Developer Improvements
and the Property Public Infrastructure. If, however, Developer is unable to obtain such third -party
City Park Heights East DEVELOPMENT AGREEMENT — Page 14
rights -of -way, consents, or easements within sixty (60) days of commencing efforts to obtain the
needed easements and right-of-way, the City agrees to take reasonable steps to secure same
(subject to City Council authorization after a finding of public necessity) through the use of the
City's power of eminent domain. Developer shall be responsible for funding all reasonable and
necessary legal proceeding/litigation costs, attorneys fees and related expenses, and appraiser and
expert witness fees (collectively, Eminent Domain Fees) paid or incurred by the City in the
exercise of its eminent domain powers and shall escrow with a mutually agreed upon escrow agent
the City's reasonably estimated Eminent Domain Fees both in advance of the initiations of each
eminent domain proceeding and as funds are needed by the City. Provided that the escrow fund
remains appropriately funded in accordance with this Agreement, the City will use all reasonable
efforts to expedite such condemnation procedures so that the Developer Improvements and the
Property Public Infrastructure, as applicable, can be constructed as soon as reasonably practicable.
If the City's Eminent Domain Fees exceed the amount of funds escrowed in accordance with this
paragraph, Developer shall deposit additional funds as requested by the City into the escrow
account within fifteen (15) Business Days after written notice from the City. Any unused escrow
funds will be refunded to Developer within thirty (30) calendar days after any condemnation award
or settlement becomes final and non -appealable. Nothing in this subsection is intended to
constitute a delegation of the police powers or governmental authority of the City, and the City
reserves the right, at all times, to control its proceedings in eminent domain. Notwithstanding
anything to the contrary in this Agreement, the Developer shall not be required to fund or construct
any Developer Improvements or Property Public Infrastructure that Developer or the City are
unable to secure required third -party rights -of -way, consents, or easements for in connection with
the obligations of the Parties In this Section 4.7. Further, the Parties agree to cooperate in any
future amendments to this Agreement needed to enable Developer to provide necessary Property
Public Infrastructure to the Property.
4.8 Impact Fee Reimbursement; Public Improvement District (PID); Oversizing.
(a) Impact Fee Reimbursement
(1) City shall reimburse Developer for the major Roadway
Improvements (Ferguson Parkway), East-West Collector Road
(Road "H") and east -west Arterial at the north end of the subject
property (Road "S") and Off -Site Utilities (both water and sanitary
sewer) from available funds from the Impact Fee Accounts, as the
primary source of reimbursement.
(2) If the City has no available funds in the Impact Fee Accounts or
cannot Amend the CIP within the specified timeline as described
herein, the City may utilize other reimbursement sources including
without limitation the Public hnprovement District.
(3) Impact Fees for each phase of the Project shall be assessed and
collected at the rates adopted by the City Council at the time such
fees are collected an otherwise in accordance with applicable law.
In accordance with state law, the City shall collect Impact Fees from
the Property and place such collected Impact Fees in separate and
City Park Heights East DEVELOPMENT AGREEMENT — Page 15
clearly identifiable interest -bearing Impact Fee Accounts for the
benefit of the Developer.
(4) Developer shall be entitled to Impact Fee Reimbursement for all
Capital Improvement Costs borne by the Developer. The City
hereby confines and represents that all of the Developer
Improvements are or shall be Capital Improvements and are eligible
for and entitled to Impact Fee Reimbursement hereunder. The City
shall reimburse Developer up to the total Roadway Improvements
Costs and off -site utility costs (both water and sanitary sewer costs),
each in the aggregate, on a quarterly basis from the Impact Fees
collected as described in subsection (1) above. The City shall
provide the Impact Fee Reimbursement to Developer and the Impact
Fee Reimbursement shall carry forward until the Roadway
Improvement Costs and off -site utility costs (both water and sanitary
sewer costs) have been reimbursed in full.
(5) further, Developer shall be entitled to Impact Fee Reimbursement to
fully compensate Developer for all other Capital Improvement Costs
incurred due to requirements made by the City, if any, in connection
with the Project in addition to costs incurred for the Developer
Improvements.
(b) Public Improvement District (PID)
(1) City and Developer agree in principle to fund certain infrastructure
and other improvements for the subject Property pursuant to the
establislunent of a Public Improvement District ("PID") after full
annexation of the Property and upon the terms and conditions to be
mutually agreed upon and documented within ninety (90) days of
Developer's closing on the Property. Upon the approval and
creation of the PID, which shall have boundaries that are
cotenninous with the boundaries of the Property, all on -site utility
and roadway improvements that specifically benefit the Property
shall be considered reimbursable from the PID.
(2) To the extent that they specifically benefit the Property, Off -site
Utilities and/or major Roadway Improvements (Ferguson, Road
"H", and Road "S") shall be reimbursable through the PID only as a
final reimbursement source in the event the Developer has not been
fully reimbursed through Impact Fee Reimbursement.
(c) Infrastructure Oversizing. The Parties agree that if the City requires
Developer to construct or fund any Property Public Infrastructure so that it is oversized to
provide a benefit to land outside the Property ("Oversized Public Infrastructure"), then the
City shall be solely responsible for all reasonable costs attributable to oversized portions
of the Oversized Public Infrastructure to the extent not already credited, reimbursed or
City Park Heights East DEVELOPMENT AGREEMENT — Page 16
otherwise funded by the City or to be financed by a PID (including Construction Costs
attributable to oversized portions of the Oversized Public Infrastructure which shall be
considered reasonable costs as determined by the City engineer) ("Oversize Costs") and
shall provide payment(s) to Developer to cover the costs of the same. The payment(s) to
Developer for the Oversize Costs shall be paid as the Oversized Public Infrastructure is
completed (which may be completed in phases corresponding with the phases of the
Development). The City shall make a payment to Developer or its assignee for any
Oversize Costs within thirty (30) days of receipt of any invoices for the same subject to
City Manager approval of such costs in the same manner set forth in Section 4.5(d). The
"Oversize Costs" shall be determined by calculating the difference between the cost
without the oversizing and the cost with the oversizing using the contractor's construction
line -item budgets as the foundation to perform such calculations. All other related costs
(civil engineering, surveying, plating, etc.) shall be calculated as a percentage and included
in the "Oversize Costs" for reimbursement purposes.
4.9 Satisfaction of Park Development Fees; No Park Development Fees Due. The City
agrees that the provision of open space and amenities generally consistent with the open space plan
attached hereto as Exhibit C shall fully satisfy and provide a credit against the park development
fees required pursuant to City Code, Chapter 9, Section 9.02.135(c)(4). Therefore, no park
development fees shall be due or required for development of the Property. The open space and
amenities may be constructed and installed in phases corresponding with separate phases of the
Development and may be privately owned and maintained by a property owners' association. All
trails must be accessible and open to the public at all times except when ternporarily closed for
necessary maintenance or repair. For the avoidance of doubt, the remaining open space area(s) and
amenities located within such areas may be reserved for private use, at the Property owner's sole
discretion.
4.10 Payee Information. With respect to any and every type of payment/remittance due
to be paid at any time by the City to the Developer under this Agreement, the name of the payee
for such payment shall be Anna 60 Partners, LP, a Delaware Limited Partnership and the
payment/remittance shall be sent or delivered to the following address:
CITY PARK HEIGHTS EAST, located at 301 E. Virginia Street, Suite 304, McKinney, Texas
75069
Developer may change the name of the payee and/or address set forth above by delivering written
notice to the City designating a new payee and/or address.
4.11 Approvals. 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(s), its 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
City Park Heights East DEVELOPMENT AGREEMENT — Page 17
to be constructed and that the design plans and specifications meet the requirements of the City
Regulations.
ARTICLE V
ANNEXATION AND ZONING
5.1 Annexation. Pursuant to Subchapter C-3, Chapter 43, Texas Local Government
Code, this Agreement, as of the Date of Acquisition, shall constitute Developer's agreement to
petition for the voluntary annexation of the Property into the corporate limits of the City. Developer
(or its assignee) shall submit an amlexation petition to the City on the City's standard form,
attached hereto as Exhibit F (the "Annexation Petition") within thirty (30) days after the Date of
Acquisition. Upon the City's request, Developer shall further execute and supply any and all
instruments and/or other documentation reasonably necessary for the City to legally annex the
Property. The City shall, in accordance with applicable statutory requirements, take all steps
necessary to complete the annexation of the Property within ninety (90) days following the date
that Developer submits the Annexation Petition. Should the City fail to complete the annexation
of the Property in accordance with this Agreement, Developer shall have the right to terminate this
Agreement with notice to the City and, upon such termination, the Property shall be immune to
involuntary amlexation by the City for a period of thirty (30) years thereafter regardless of any
change in the law governing municipal annexation. The above -referenced annexation is authorized
under Texas Local Government Code Chapter 43, Subchapter C-3. To the extent said Subchapter
C-3 is amended in the future or its requirements are modified by any future legislative act, the
Parties agree to take all reasonable steps to meet any additional requirements to allow for the
above -referenced amlexation provided that the terms and conditions of this paragraph have been
met in order for the City to perform an annexation as intended under this Agreement. The
annexation procedures described in plain language in this Agreement require the consent of the
owner(s) of Property, which consent is conditionally provided under this Agreement as set forth
above. The Parties acknowledge and agree that this Agreement shall satisfy the written disclosure
requirements under Section 212.172(b-1) of the Texas Local Government Code.
5.2 Services. Pursuant to Section 43.0672, Texas Local Governnent Code, this
Agreement shall further constitute an agreement for the provision of services to the Property.
Immediately upon the annexation of the Property, the Property and its residents shall be entitled
to receive all Municipal Services on the same terms and at the same rates as then provided within
the City and without discrimination.
5.3 Zonin-. Within thirty (30) days following the adoption of an ordinance approving
the annexation of the Property pursuant to Section 5.1, the City shall consider zoning the Property
as a planned development district with regulations identical to those in the Development
Regulations (including the concept plan attached as an exhibit to the Development Regulations);
however, regardless of how the City zones the Property, Developer, its successors and assigns,
may develop and use the Property in accordance with the Development Regulations and the Zoning
Ordinance (as amended by the Development Regulations) and all other teens of this Agreement,
and no other conflicting zoning regulations shall apply to the Property. All applicable City
ordinance requirements that reference the City's Zoning Ordinance or compliance with zoning
regulations or the City's comprehensive plan (including the City's master thoroughfare plan) shall
be interpreted to mean compliance with the Development Regulations. Subject to the teens herein,
City Park Heights East DEVELOPMENT AGREEMENT — Page 18
Developer hereby expressly consents and agrees to the aforementioned zoning of the Property
consistent with the Development Regulations and Developer shall not be required to submit a
formal zoning application or pay related fees in order for the City to proceed with zoning the
Property as contemplated by this Agreement. Any such zoning of the Property shall otherwise be
in accordance with all procedures set forth in the applicable City Regulations.
ARTICLE VI
EVENTS OF DEFAULT; REMEDIES
6.1 Events of Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given in writing (which notice shall set forth
in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event less than thirty (30) days (or any longer time period
to the extent expressly stated in this Agreement as it relates to a specific failure to perform) after
written notice of the alleged failure has been given except as relates to a type of default for which
a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing,
(a) no Party shall be in default under this Agreement if, within the applicable cure period, the Party
to whom the notice was given begins performance and thereafter diligently and continuously
pursues performance until the alleged failure has been cured; and (b) a Party shall be in default of
its obligation to make any payment required under this Agreement if such payment is not made
within twenty (20) Business Days after it is due.
6.2 Remedies. As compensation for the other party's default, an aggrieved Party may
seek specific performance of the other party's obligations under this Agreement. Notwithstanding
the foregoing, however, no default under this Agreement shall: (a) entitle the City to tenninate this
Agreement or to suspend perfonmance under this Agreement (except as otherwise expressly set
forth in this Agreement); or (b) adversely affect or impair the current or future obligations of the
City to provide water, sewer and other Municipal Services to the Property in accordance with
applicable law. Notwithstanding the foregoing or any other provision of this Agreement, the City
may witl-ihold City utility services as to any portion of the Development until all Property Public
Infrastructure necessary to serve such portion of the Development is properly constructed
according to the approved engineering plans and City Regulations, and until such Property Public
Infrastructure has been dedicated to and accepted by the City, which acceptance shall not be
unreasonably withheld, conditioned or delayed.
ARTICLE VII
ASSIGNMENT; ENCUMBRANCE
7.1 Assi mg Went. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties hereto. This Agreement may be assigned, in whole or in part,
to (i) an entity that is or will become a future owner of all or a portion of the Property; (ii) any
affiliate or related entity of the Developer; or (iii) any lien holder on the Property, without the prior
written consent of the City, but upon written notice to the City. Any reimbursement or receivables
due under this Agreement (e.g., the Impact Fee Reimbursement) or any reimbursement agreement
may be assigned by the Developer, in whole or in part, without the prior consent of the City, but
upon written notice to the City pursuant to Section 7.4 of this Agreement (and upon such an
City Park Heights East DEVELOPMENT AGREEMENT — Page 19
assignment of reimbursement or receivables, the City will pay the reimbursement directly to the
assignee unless otherwise notified in writing). Except as provided in the two preceding sentences,
this Agreement shall not be assigned by Developer without the prior written consent of the City
Manager of the City, which consent shall not be unreasonably withheld, conditioned or delayed if
the assignee demonstrates financial ability to perform. An assignee shall be considered a "Party"
for the purposes of this Agreement. Each assignment shall be in writing executed by Developer
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. Developer
shall maintain written records of all assignments made by Developer to assignees, including a copy
of each executed assigmnent and, upon written request from any Party or assignee, shall provide a
copy of such records to the requesting person or entity, and this obligation shall survive the
assigning Party's sale, assignment, transfer, or other conveyance of any interest in this Agreement
or the Property.
7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement
and for which notice of assigmnent has been provided in accordance with Section 7.4 of this
Agreement shall be considered a "Party" for the purposes of this Agreement.
7.3 Third -Party Beneficiaries. Subject to Section 7.4 of this Agreement, this Agreement
only inures to the benefit of, and may only be enforced by, the Parties. Notwithstanding the
foregoing or any other provision of this Agreement to the contrary, no other person or entity shall
have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party
beneficiary of this Agreement.
7.4 Notice of Assigmnent. The following requirements shall apply in the event that the
Developer assigns or transfers this Agreement, or any part thereof and/or any of its rights or
benefits under this Agreement:
(a) the Developer must provide written notice to the City to the extent required
under Section 7.1 within ten (10) Business Days after any assigmnent, or transfer;
(b) said notice must describe the extent to which any rights or benefits under
this Agreement have been assigned, transferred, or otherwise conveyed;
(c) said notice must state the name, mailing address, and electronic mail
information of the person(s) that have acquired any rights or benefits as a result of any such
assigmnent, transfer or other conveyance; and
(d) said notice must be signed by a duly authorized person representing the
Developer and a duly authorized representative of the person(s) or entit(ies) that acquired
any rights or benefits as a result of the assignment, transfer or other conveyance.
ARTICLE VIII
RECORDATION AND ESTOPPEL CERTIFICATES
8.1 Binding Obligations. This Agreement and all amendments thereto and assignments
hereof shall be recorded in the property records of Collin County, Texas upon the Date of
Acquisition. From and after the Date of Acquisition, this Agreement binds and constitutes a
City Park Heights East DEVELOPMENT AGREEMENT — Page 20
covenant running with the Property and is binding upon the Developer and the City and forms a
part of any other requirements for development within the Property. This Agreement, when
recorded, shall be binding upon the Parties and their successors and assigns as permitted by this
Agreement and upon the Property.
8.2 Estoppel Certificates. From time to time upon written request of the Developer or
any future owner or lienholder, and upon the payment to the City of a $100.00 fee, the City
Manager, or his/her designee will, in his or her official capacity and to his or her reasonable
knowledge and belief, execute a written estoppel certificate, which shall include, but not
necessarily be limited to, statements that this Agreement is in full force and effect without default
(or if default exists, the nature of default and curative action, which should be undertaken to cure
same), the remaining Tenn of this Agreement, and such other matters reasonably requested by the
party to receive the certificate.
ARTICLE IX
TERM
Unless otherwise extended by mutual agreement of the Parties, the tern of this Agreement
shall be twenty-five (25) years after the Effective Date ("Term"); however, if Developer or its
assignee has not acquired ownership of the Property within 90 days of the Effective Date, this
Agreement shall automatically terminate, be null and void and of no further force or effect. This
Agreement and all of the rights, duties and obligations herein shall be subject to and conditioned
on Developer or its assignee acquiring fee simple title to the Property within 90 days of the
Effective Date. For the avoidance of doubt, the aforementioned condition shall be satisfied if Anna
60 Partners, LP, a Delaware Entity or its assignee (who from and after such assigmment would be
considered the Developer under this Agreement) acquires the Property. This Agreement shall be
held in escrow until the Date of Acquisition, at which time this Agreement shall be effective and
filed in the Real Property Records of Collin County, Texas.
ARTICLE X
GENERAL PROVISIONS
10.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the
consideration for entering into this Agreement and, but for the intent of the Parties reflected by the
recitals, would not have entered into this Agreement.
10.2 Notices. Any notice, submittal, payment or instrument required or permitted by this
Agreement to be given or delivered to any Party shall be deemed to have been received (a) when
personally delivered (with confirmation of receipt); (b) one (1) day after deposit if sent by by
recognized courier service and sent via overnight courier for next day delivery with receipt of
delivery; or (c) 72 hours following deposit of the same in any United States Post Office, registered
or certified snail, postage prepaid, addressed as follows:
City Park Heights East DEVELOPMENT AGREEMENT — Page 21
To the City: Attn: City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To the Developer: Anna 60 Partners, LP, a Delaware Entity
Attn: Tre Dibrell, VP Land
301 E. Virginia Street Suite 304
McKinney Texas 75069
Office: 469-714-0052
tred(a-)cityparkdevelopments. com
With a copy to:
With a copy to:
Canada Lewis & Associates, PLLC
Attn: Laura Canada Lewis, Esq.
5550 Granite Pkwy, Suite 195
Plano, Texas 75024
T: 469-664-0120
F: 469-501-7781
llewis( )canadalewis.com
Sanchez and Associates, LLC
Attn: Casey Gregory, P.E. President
210 Adriatic Parkway Suite 200
McKinney Texas 75072
Office: 469-424-5900
Casey. gregory@thesanchezgroup.biz
Any Party may change its address or addresses for delivery of notice by delivering written
notice of such change of address to the other Party.
10.3 Interpretation. The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the event of
any dispute over the meaning or application of any provision of this Agreement, the provision will
be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless
of which Party originally drafted the provision.
10.4 Time. In this Agreement, time is of the essence and compliance with the times for
performance herein is required.
City Park Heights East DEVELOPMENT AGREEMENT — Page 22
10.5 Authority and Enforceability. The City represents and warrants that this Agreement
has been approved by official action by the City Council of the City in accordance with all
applicable public notice requirements (including, but not limited to, notices required by the Texas
Open Meetings Act) and that the individual executing this Agreement on behalf of the City has
been duly authorized to do so. The Developer represents and warrants that this Agreement has
been approved by appropriate action of the Developer, and that each individual executing this
Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively
acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against
such Party, in accordance with its terns and conditions and to the extent provided by law.
10.6 Limited Waiver of Iimmunity. The Parties are entering into this Agreement in
reliance upon its enforceability. Consequently, the City unconditionally and irrevocably waives all
claims of sovereign and governmental immunity which it may have (including, but not limited to,
immunity from suit and immunity to liability) to the extent, but only to the extent, that a waiver is
necessary to enforce specific performance of this Agreement (including all of the remedies
provided under this Agreement) and to give full effect to the intent of the Parties under this
Agreement. Notwithstanding the foregoing, the waiver contained herein shall not waive any
immunities that the City may have with respect to claims of injury to persons or property, which
claims shall be subject to all of their respective immunities and to the provisions of the Texas Tort
Claims Act. Further, the waiver of immunity herein is not enforceable by any party not a Party to
this Agreement, except for any party that may be construed to be a third -party beneficiary to this
Agreement.
10.7 Amendment; Severability. This Agreement shall not be modified or amended
except in writing signed by the Parties. If any provision of this Agreement is detennined by a court
of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable
provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent
possible and upon mutual agreement of the Parties, be rewritten to be enforceable and to give effect
to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and
effect and shall be interpreted to give effect to the intent of the Parties.
10.8 Applicable Law; Venue. This Agreement is entered into pursuant to and is to be
construed and enforced in accordance with, the laws of the State of Texas, and all obligations of
the Parties are performable in Collin County, Texas. Exclusive venue for any action related to,
arising out of, or brought in connection with this Agreement shall be in a state district court in
Collin County.
10.9 Non Waiver. Any failure by a Party to insist upon strict perfonnance by the other
Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the
Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any tern or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same tern or condition.
City Park Heights East DEVELOPMENT AGREEMENT — Page 23
10.10 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
10.11 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A:
Metes and Bounds Description of the Property
Exhibit B:
Development Regulations
Exhibit C:
General Development Plan
Exhibit D-1:
Roadway Dedication Ferguson Parkway
Exhibit D-2:
Roadway Dedication Road H
Exhibit D-3:
Roadway Dedication Road S
Exhibit E-1:
Roadway hmprovement Ferguson Parkway
Exhibit E-2:
Roadway Improvement Road H
Exhibit E-3:
Roadway Improvement Road S
Exhibit F
Form of Annexation Petition
Exhibit G Open Space Plan
10.12 Vested Rights. This Agreement shall constitute a "pen -nit" (as defined in Chapter
245 of the Texas Local Government Code) that is deemed filed with the City on the Effective Date
and Developer does not hereby waive or release any right that Developer may now or thereafter
have with respect to any rights under Chapter 245 of the Texas Local Government Code.
10.13 Force Ma'e� ure. Each Party shall use good faith, due diligence and reasonable care
in the performance of its respective obligations under this Agreement, and time shall be of the
essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended equal to the time period the Party was delayed, except that the
obligation of any Party to make any payments required pursuant to this Agreement shall not be
suspended by force majeure. The tenn "force majeure" shall include any delay due to any of the
following acts or events: (a) wars, terrorism, civil disturbances, riots, insurrections, civil unrest,
vandalism and sabotage; (b) transportation disasters, whether by sea, rail, air or land; (c) strikes,
lockouts, work stoppage or slowdown or other labor disputes or material shortages; (d) actions or
failures to act of a governmental authority, including any changes to the plans and specifications
required as a condition to issuance of any permits or any changes in laws or codes not reasonably
foreseeable on the Effective Date, and any delay in issuance of pen -nits or certificates of occupancy
by any governmental authority having jurisdiction, but excluding delays due to conditions that
violate applicable codes and regulations; (e) adverse weather conditions, including rain of unusual
duration or volume, hurricanes, lightning, tornadoes, earthquakes, floods or acts of God; (f)
epidemics or pandemics or any governmental orders, actions, shut -downs, mandates, restrictions
or quarantines, or any quasi -governmental orders, actions, shut -downs, mandates, restrictions or
quarantines resulting from any epidemics or pandemics, and any public health emergencies,
whether declared by local, state or federal governmental authorities or agencies; (g) labor shortages
or moratoriums; (h) fire or other material casualty; (1) mechanical failure of equipment; 0) utility
delays or interruptions; (k) any emergency event that threatens imminent hann to property or injury
to persons; (1) any other causes of any kind whatsoever, whether similar to those enumerated or
not, which are beyond the control of such Party in the performance of its obligations hereunder;
City Park Heights East DEVELOPMENT AGREEMENT — Page 24
provided, however, in all cases, only to the extent that the Party claiming force majeure (1) did not
cause such force majeure condition, and (2) throughout the pendency of such force majeure
condition, utilizes commercially reasonable efforts to minimize the impact and delays caused by
such force majeure condition. If a Party is delayed due to force majeure, then such Party shall
provide written notice of the delay and applicable extension of time periods to the other Party. In
addition, a Party that has claimed the right to temporarily suspend its perfonnance under this
Section 10.13 shall provide written reports to the other Party at least once every week detailing:
(i) the extent to which the force majeure event or circumstance continue to prevent the Party' s
perfonnance; (ii) all of the measures being employed to regain the ability to perfonn; and (iii) the
projected date upon which the Party will be able to resume performance, which projected date the
Parties agree and acknowledge is only an estimate and not a binding commitment by the Party
claiming force majeure.
10.14 Complete Agreement. This Agreement embodies the entire Agreement between the
Parties and cannot be varied or tenninated except as set forth in this Agreement, or by written
agreement of the City and Developer expressly amending the terns of this Agreement.
10.15 Consideration. This Agreement is executed by the Parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
City Park Heights East DEVELOPMENT AGREEMENT — Page 25
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA
By:
Name: ,ati Henderson
Title: 4fity Manager
Date: a i
APPROVED AS TO FORM:
Name: Clark McCoy
Title: City Attorney
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on the day of ,
2024 by Ryan Henderson, City Manager of the City of Anna, Texas, on behalf of said City.
(S ICARRIE L. LAND
Notary Public, State of Texas Notary Public State of Texas
�•,•• ,,+:� Comm. Expires 02-04-2027
Notary ID 11419404 r r
NAME printed or typed: � rat L_ . L a-,td,
Commission Expires:
City Park Heights East DEVELOPMENT AGREEMENT — Signature Page
DEVELOPER:
ANNA 60 PARTNERS, LP
a Delaware limited partnership
By: Anna 60 Development, Inc.
a Texas corporation, its general partner
09,0J ' - 2,024
t-
STATE OF TEXAS
L,cl, Llyl�
COUNTY OF PAT=,�
This instrument was acknowledged before me on the " day of AQ(---,
2024 by Christopher Zeppa, on behalf of said entity.
(SEAL)
................................... Notary Public, State of Texa
7HERESA A. JACKS
c !D #129157972
s My Commission Expires NAME printed or typed: tMGwr)-y� nC,I[&.'v
October 09, 2024
` t 1 _ �C 1 Commission Expires: L�
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
City Park Heights East DEVELOPMENT AGREEMENT — Exhibit A
EXHIBI I "A" - LEUAL DESC RIH I IUN
BEING a 62.41 acre tract of land situated in the James C. Burge Survey, Abstract No. 106, Collin
County, Texas, same being a portion of that tract of land conveyed to Samuel Harry Collins, Trustee
of the Revocable Collins Family Trust, by deed recorded in Instrument No. 2022000114771, Official
Public Records, Collin County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING at a mag nail found for corner, said corner being the Southwest corner of a 60 foot
Right -of -Way dedication shown by Joe Bryant Elementary School Addition, an addition to the City of
Anna, Collin County, Texas, thereof recorded in Instrument No. 2005-0108630, Official Public
Records, Collin County, Texas, same lying along the centerline of County Road 371 (a public Right -
of -Way), same being the Southwest corner of a tract of land conveyed to North Texas Annual
Conference of the United Methodist Church, by deed recorded in Instrument No. 2023000111102,
Official Public Records, Collin County, Texas;
THENCE North 89 degrees 18 minutes 17 seconds West, along the centerline of said County Road
371, a distance of 525.00 feet to a point for corner, said corner lying along the North line of a tract of
land conveyed to Anacapri Laguna Azure, LLC, a Wyoming Limited Liability Company, by deed
recorded in Instrument No. 2005-0108630, Official Public Records, Collin County, Texas, same lying
along the centerline of said County Road 371 to the POINT OF BEGINNING of herein described
tract, from which a mag nail found bears North 06 degrees 03 minutes 32 seconds East, a distance
of 0.41 feet;
THENCE North 89 degrees 18 minutes 17 seconds West, along the centerline of said County Road
371, a distance of 1,076.69 feet to a point for corner said corner lying along the North line of a tract
of land conveyed to D.R. Horton -Texas, LTD., a Texas Limited Partnership, by deed recorded in
Instrument No. 20210212000310470, Official Public Records, Collin County, Texas, same being the
Southeast corner of a tract of land conveyed to LHJH Properties, LTD., a Texas Limited Partnership,
by deed recorded in Instrument No. 20061003001424640, Official Public Records, Collin County,
Texas, from which a 1/2 inch iron rod found bears South 58 degrees 31 minutes 26 seconds East, a
distance of 31.18 feet for witness, and said corner from which a 1 /2 inch iron rod found bears North
87 degrees 42 minutes 53 seconds East, a distance of 31.54 feet for witness;
THENCE North 00 degrees 52 minutes 27 seconds East, along the East line of said LHJH Properties
tract, a distance of 1,804.72 feet to a point for corner, said corner lying along the East line of said
LHJH Properties tract, same being a Southwest corner of the remainder of said Revocable Collins
Family Trust, from which a mag nail found bears North 86 degrees 20 minutes 28 seconds West, a
distance of 3.94 feet for witness;
THENCE South 89 degrees 03 minutes 06 seconds East, along the remainder of said Revocable
Collins Family Trust, a distance of 1,125.93 feet to a point for corner, said corner being the
Southeast corner of said Revocable Collins Family Trust, from which a 5/8 inch iron rod found bears
North 37 degrees 59 minutes 25 seconds East, a distance of 0.35 feet for witness;
THENCE North 00 degrees 56 minutes 14 seconds East, along the East line of said Revocable
Collins Family Trust, a distance of 495.32 feet to a 5/8 inch iron rod found for corner, said corner
being the Northeast corner of said Revocable Collins Family Trust, same lying along the South line
of a tract of land conveyed to Anacapri Laguna Azure, LLC, by deed recorded in Instrument No.
2022000118987, Official Public Records, Collin County, Texas;
THENCE South 88 degrees 27 minutes 42 seconds East, along the South line of said Anacapri tract
(2022000118987), a distance of 506.25 feet to a 1/2 inch iron rod found for corner, said corner lying
along the South line of said Anacapri tract (2022000118987), same being the Northwest corner of a
tract of land conveyed to Anacapri Laguna Azure, LLC, by deed recorded in 2002000084315, Official
Public Records, Collin County, Texas;
THENCE South 01 degree 39 minutes 52 seconds West, along the West line of said Anacapri
Laguna Azure tract (2002000084315), a distance of 676.15 feet to a 3/4 inch iron rod found for
corner, said corner being the Southwest corner of said Anacapri Laguna Azure tract
(2002000084315), same being the Northwest corner of Lot 1, Block A, of said Joe Bryant Elementary
School Addition;
THENCE South 01 degree 38 minutes 41 seconds West, along the West line of said Lot 1, a distance
of 780.78 feet to a 1/2 inch iron rod found for corner, said corner lying along the West line of said Lot
1, same being the Northeast corner of a tract of land conveyed to North Texas Annual Conference of
the United Methodist Church by deed recorded in Instrument No. 2023000111102, Official Public
Records, Collin County, Texas;
THENCE North 89 degrees 18 minutes 15 seconds West, along the North line of said United
Methodist Church tract, a distance of 525.00 feet to a point for corner, said corner being the
Northwest corner of said United Methodist Church tract, from which a 1/2 inch iron rod found bears
North 02 degrees 12 minutes 12 seconds East, a distance of 0.33 feet for witness;
THENCE South 01 degree 38 minutes 41 seconds West, alongthe West line of said United
Methodist Church tract, a distance of 831.00 feet to the POINT OF BEGINNING and containing
2,718,348.80 square feet or 62.41 acres of land.
Exhibit B
DEVELOPMENT REGULATIONS FOR [CITY PARK HEIGHTS EAST]
("Development Agreement' as used in these Development Regulations refers to that certain CITY
PARK HEIGHTS EAST Development Agreement to which this document is attached as Exhibit
B. The pennitted uses and standards for development of the Property shall be in accordance with
the [Mixed Density Residential (MD) District] of the Zoning Ordinance and applicable City
Regulations, except as amended and modified in these Development Regulations and in the
Development Agreement.
Disclaimer: Zoning Ordinance modifications set forth herein are specifically related to the
Property associated with the Development Agreement and shall not apply to any additional areas
within or outside of the city limits.
City Park Heights East DEVELOPMENT AGREEMENT — Exhibit A
Exhibit: "B"
Development Standards for the City Park Heights East
The permitted uses and standards for development of the Subject Property shall be in accordance
with the Mixed Density Residential (MD) District. The proposed Planned Development District
Standards proposed herein are aimed at promoting a mixed -use residential district encompassing
a diversified medium -density residential mix of housing choices. This proposed district will
have a mixture of single family detached bungalows, urban townhomes and courtyard focused
cottage -style townhomes. The integrated land plan, streetscape characteristics and overall
community design encourage pedestrian activity by enforcing and promoting the walkable
community principles outlined in the City of Anna Unified Development Code.
Disclaimer • Zoning Ordinance modifications set forth herein are specifically related to the Suhiect Property associated with this Development
Agreement and shall not apply to any additional areas without or outside ofthe city linuts ofthe City ofAnna.
Illustrative Layout — General Development Plan; Conflicts and Terms:
1. Development shall generally follow, but not exactly, the circulation, block patterns and
street alignments illustrated in Exhibit C — "GDP - General Development Plan /
Illustrative Plan" (GDP). Conflicts between the Development Standards, GDP and City
Ordinances will be addressed in priority as in Section 4 below.
2. Details on a Preliminary Plat that differ from the GDP which do not alter the basic
relationship of the proposed single-family development area to adjacent property and
which do not alter the uses permitted or increase the density, building height, or coverage
of the site and which do not reduce the yards provided at the boundary of the site, as
indicated in these Development Regulations or associated General Development Plan,
may be authorized by the Director of Planning as updates to the General Development
Plan without requiring a rezoning of the subject property and without requiring an
Amendment to the Pre Annexation Development Agreement. These types of updates
shall be considered as "Administrative Updates" for the City files.
3. As part of any annexation request and future development of the subject property, the
applicant agrees to abide by all applicable procedural requirements under City
Regulations or as amended herein.
4. Conflicts:
a. Where there is a conflict between these Development Regulations and the City's
Zoning Ordinance these Development Regulations shall prevail and control.
b. Where these Development Regulations may be silent, the General Development
Plan shall prevail and control.
c. Where these Development Regulations and the General Development Plan are
silent, the City's Unified Development Code shall prevail and control.
5. Terms that are not defined in these Development Regulations shall have the meanings
ascribed to such terms in the City of Anna's Zoning Ordinance of the Development
Agreement, as applicable. When there is a conflict between the City's Zoning Ordinance
and the Development Agreement, the Development Agreement shall control.
6. Maximum number of single-family residential units shall be as follows:
a. Maximum number of Residential Bungalows (SFD-Bungalow): 140 units
b. Maximum number of Urban Residential (THA): 80 units
c. Maximum number of Urban Residential (THB): 160 Units
d. Maximum number of Urban Cottages (SFA-Cottage): 110 units
7. Lot size shall be mixed in each area to provide additional options and character to
community.
Fencing
a. All fences on the portion(s) of a residential lot adjacent to an open space/common
area lot(s), with the exception of lots facing and/or siding to the required
Homeowner's Association (HOA) lots adjacent to major/minor thoroughfares and
internal primary entrance roadways, shall be ornamental iron fences such as
wrought iron or tubular steel.
b. Fences constructed between residences may be wood.
c. All wood privacy fencing between residences shall be at least six feet in height.
Wood fencing shall be stained and sealed.
d. Plastic and chain -link fencing is prohibited.
e. Wood fencing of a uniform design shall be constructed along the rear or side lot
lines to single-family homes that are adjacent to HOA common area lots.
9. A minimum of 15-foot-wide common area "east -west" tract with an associated minimum
10-foot wide sidewalk shall be owned and maintained by the HOA on the south side of
the "Bungalows" connecting from Ferguson Road east to Bryant Elementary School.
Exhibit C.
10. Private Amenities:
a. The "Nature Area" shall be the centerpiece of the development. The intent is to
designate a non -disturbance area to promote the natural flora and fauna of the
area. This area will have some limited accessibility but is mostly reserved for
passive enjoyment.
b. The "Nature Pond" will serve two purpose: drainage and contextually sensitive
nature area. The overall development's detention requirements shall be focused in
this location. The detention pond will be designed as a "wet pond" with a
calculated "free board" detention function. A hiking trail and lookouts shall be
incorporated into the design of the pond.
c. There will be a dedicated "School Trail Route" which provides a safe yet direct
route for elementary aged students (Section 9 above). The dedicated path is
intended to encourage students to walk to the Bryant Elementary School and
reducing local vehicle trips. This route shall include:
i. Dedicated hike -bike trail 10' concrete sidewalk
ii. Canopy trees and landscaping
iii. Decorative Benches
iv. Decorative Trash receptacles
d. A private "Amenity Center" facility shall be provided as part of the development.
The Amenity Center facility shall include, at a minimum, the following:
i. Swimming Pool
ii. Restrooms
iii. Picnic area
e. All plans and specifications for the construction of such amenities and
improvements must be reviewed and approved by the Director of Development
Services or applicable designee. Developer shall receive credits against Parkland
Dedication Fees as set forth in the Development Agreement. Given the open
space and amenities provided, no Parkland Dedication shall be due.
f. All sidewalks and barrier free ramps (BFR's) shall be in accordance with the City
of Anna Development Regulations and be ADA compliant.
11. Infrastructure Improvements:
a. As shown on the General Development Plan (Exhibit C), the north -south right-
of-way (ROW) (future Ferguson Parkway) that traverses between CR 371 through
the subject property to the northern "east -west" arterial which connects to US 75
shall be a minimum of eighty feet) (80) feet wide of ROW and be constructed as a
Minor Arterial. Exhibit D-1.
b. As shown on the General Development Plan (Exhibit C), the east -west right-of-
way (ROW) (future Road H) that traverses from the West Property Line to the
East Property line through the center of the property shall be a minimum of sixty
feet (60') of ROW and be constructed as a residential collector. Exhibit D-2.
c. As shown on the General Development Plan (Exhibit C), the east -west right-of-
way (ROW) (future Street "S") that traverses from the East Property line to future
Ferguson Road shall be a minimum of sixty feet (60') of ROW and be constructed
as a residential collector. Exhibit D-3.
12. Private Improvements / Amenities:
a. There is an elementary school site immediately east of the subject property. The
School Trail Route shall be owned and maintained by the HOA on the south side
of the "Cottages" connecting from Ferguson Road east to Bryant Elementary
School. Exhibit C.
b. A nature trail around the detention pond along the western property line shall be
constructed by the Developer in an environmentally sensitive manner to allow for
access to the pond while minimizing impacts to the natural landscape.
c. A nature trail around the detention pond at the northeastern property line shall be
constructed by the Developer in an environmentally sensitive manner to allow for
access to the pond while minimizing impacts to the natural landscape.
d. The Developer shall construct and maintain, via the Homeowner's Association, an
Amenity Center for the use and enjoyment of the residents of Bryant Park
Heights. Amenity Center shall include, but not limited to, a swimming pool,
restroom/changing facilities, picnic area and dedicated parking (including
handicapped parking).
e. Developer shall construct and maintain, via the Homeowner's Association,
various pocket parks and pet areas along the eastern property adjacent and in
conjunction with the SFA- Cottage homes.
f. The Developer shall construct and maintain, via the Homeowner's Association,
forty (40) additional guest parking spaces along the eastern property adjacent and
in conjunction with the SFA-Cottage homes.
ARTICE 9.04 ZONING ORDINANCE
1. Sec.9.04.004 Definitions
2. Sec. 9.04.042 Site Design Requirements
a. No Change
b. No Change
Single -Family and Two -Family Residential Standards
1) Building Articulation —At least four facade articulation techniques
are required on each single-family or two-family dwelling to add
variety and interest to a building. The following features are a partial
list of acceptable techniques of exterior articulation, but others may
also be proposed or utilized as part of a specific set of architectural
designs plans. Exhibit I provides (for illustration purposes only)
architectural styles proposed for the subject property.
A. One of the following:
• A base course or plinth course;
• Banding, moldings, or stringcourses;
• Quoins;
• Oriels;
• Cornices;
• Arches;
• Balconies;
• Brackets;
• Shutters;
• Keystones;
• Dormers; or
• Louvers as part of the exterior wall construction.
(Quoins and banding shall wrap around the corner of
the structure for at least two feet.)
B. Horizontal banding continues the length of the wall that faces a
street or other similar highly visible areas.
C. Front Porch of at least 20 square feet.
D. No Change
E. No Change
2) Roof Treatment. No change
3) Fenestration. No change.
4) Garages. On front entry garages, the face of a garage shall not:
A. No Change
B. Be over 80% of the total frontage width of a dwelling. Porches
or columns are not considered part of the front elevation of the
primary living area.
5) House Repetition.
A. Within residential development, single-family and two-family
dwellings with substantially identical exterior elevations can
only repeat every four (4) lots when fronting the same right-of-
way including both sides of the street.
B. No Changes
d. Multi -family Residential Standards. No change
e. Townhome Unit and Single -Unit or Duplex Unit Park Standards.
1) Building Articulation. No change.
A. No Change.
B. No Change.
C. Front porch of at least 24 square feet.
D. The installation of at least one (1) coach lights.
E. No Change
2) No Change.
3) No Change
4) No Change
5) Unit Repetition
A. Single Family Attached Townhomes on which each unit
of a multi -unit building is located upon an individually
platted lot creates a unique design challenge and
opportunity.
B. Each Townhome Building shall have a maximum of 4
attached units on individually platted lots.
C. The "end lots" for each multi -unit building shall have a
sufficient side yard setback to provide a ten -foot (10')
building separation from the adjacent Townhome
Building or to provide adequate site visibility at the
intersection of two streets if the end unit is at the end of
a block.
D. Each Townhome Building shall have a comprehensive
and cohesive architectural form in terms of color palette
and articulation features as defined herein.
E. No two individual but adjacent 4-Pack (or smaller)
buildings shall be designed with substantially identical
exterior elevations.
F. The SFA-Cottages shall be exempt from any
prohibition on repetition since this unit type faces a
common landscaped courtyard and not a right-of-way,
fire lane, or easement. The SFA-Cottages have a siding
condition to the right-of-way.
3. Sec. 9.04.029 Residential Use -Specific Standards
a. No Change
b. No Change
c. No Change.
d. Townhome Unit and Single -Unit or Duplex Unit Park
i. No Change
ii. No Change
iii. A Townhome Unit or Single -Unit or Duplex Unit Park shall provide
the required amount of useable open space, per Table 21: Townhome
Unit or Single -Unit or Duplex Unit Park Open Space Below.
Number of Bedrooms
Size
1 or less
300 square feet
Each additional bedroom over 1
300 square feet
4. ZONING DISRICT AREA REGULATIONS
Each lot type shall be developed in accordance with the area regulations contained in
Table 1 below:
SFD-Bun alow
SFA-Cottage
TH A
TH B
Maximum Height feet
35
35
35
35
Side Yard, Interior feet
5
0
0
0
Side Yard, Corner Lot,
Street Side feet
10
10
10
10
Rear Yard (feet) from Row
15
20
20
20
Rear Yard (feet) from fire lane i
first floor
15
20
20
20
Rear Yard (feet) from fire lane i
upper floors
15
15
15
15
Front Yard feet
20
10
10
10
Lot Area(square feet
4000
2100
2000
2200
Min. Lot Width feet
40
24
24
24
Min. Lot Depth feet
90
80
80
85
Max. Lot Coverage %0
55%
70%
75%
70%
Minimum Building Size
(square feet
2000
2000
2000
2000
Maximum Building Size
(square feet
3600
2800
2800
3000
Min Masonry %
50
25
25
25
5. Sec.9.04.045 Landscaping
1) No Change
2) No Change
3) No Change
4) Residential Development
A. No Change
i. No Change
ii. No Change
iii. No Change
iv. The following minimum standards apply as established in Table 27:
Residential Planting Requirements. An applicant shall choose one of
the three planting options. An applicant may plant the required
canopy trees, ornamental trees, or a combination of canopy and
ornamental trees specified in Table 27: Residential Planting
Requirements.
a) For the Urban Cottage Lots, the number of trees shall
be calculated as per Table 27; however, the final tree
planting shall be consistent with the Landscape Plan
submitted by the Developer. The ultimate location and
planting of the required number of trees shall be used to
highlight the landscape courtyards, paseos, urban
garden niches and other related areas. A conceptual
landscape plan for the entire site shall be submitted
with the first Preliminary Plat.
b) The Landscape Plan for the area surrounding the Urban
Cottages may also incorporate some of the required
trees as indicated in Table 27 into the streetscape /
landscape buffers / landscape setbacks / tree planting
areas along the adjacent local street.
c) Minor modifications: The Director of Development
Services or his/her designee is authorized to
administratively approve modifications to landscaping
requirements necessitated by conflicting requirements
for public or franchise utilities or drainage
improvements.
Exhibit C
[CITY PARK HEIGHTS EAST]
(see attached)
City Park Heights East DEVELOPMENT AGREEMENT — Exhibit A
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EXHIBIT: IID-2 ROADWAY DEDICATION
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EXHIBIT E-1 "ROADWAY IMPROVEMENT FERGUSON PARKWAY"
Project: City Park Heights East
FERGUSON PARKWAY
City of Anna
Collin County, Texas
Client Name:
ATTN:
Prepared by: Sanchez & Associates, LLC
EARTHWORK / DEMOLITION
Acres (Gross): 4.2
Acres (Net): 4.2
Lots: 470.0
Client M
Job #: 001
Initials: DC
Date: 2/27/2024
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
Clearing, Grubbing & Stripping
4.2
AC.
$ 4,000.00
$ 16,800.60
Unclassified Excavation Ferguson
5,000
CY
$ 4.00
$ 20,000.00
$ 36,800.00
EROSION CONTROL
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
Reinforced Silt Fence
4,754
L.F.
$ 4.00
$ 19,016.00
Construction Entrance
1
EA.
$ 5,000.00
$ 5,000.00
Bermuda Seeding
2,250
S.Y.
$ 5.00
$ 11,250.00
$ 35,266.00
WATER
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
8" Water Line
240
L.F.
$ 75.00
$ 18,000.00
8" Water Valve
6
EA.
$ 2,000.00
$ 12,000.00
16" Water Line
2,296
L.F.
$ 150.00
$ 344,400.00
16" Water Valve
6
EA.
$ 8,000.00
$ 48,000.00
Fittings (1ton/1000 If of pipe)
2.54
TON
$ 15,000.00
$ 38,040.00
Fire Hydrants (with 6" Lead)
6
EA.
$ 7,000.00
$ 42,000.00
16" x 6" Tee
6
EA.
$ 3,500.00
$ 21,000.00
Connect to Existing 16" Water
1
EA.
$ 2,000,00
$ 2,000.00
16" x 8" Tee
2
EA.
$ 4,500.00
$ 9,000.00
16" x 8" Cross
2
EA.
$ 5,500.00
$ 11,000,00
Testing (Water Pressure & Chlorination)
2,536
L.F.
$ 2.50
$ 6,340.00
Trench Safety Plan
2,536
1 L.F.
$ 1.00
$ 2,536.00
$ 554,316.00
STORM SEWER
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
21" RCP (Class III)
411
L.F.
$ 95.00
$ 39,045.00
4' Standard Storm Manhole
3
EA.
$ 7,500.00
$ 22,500.00
Curb Inlet 10'
6
EA.
$ 7,500.00
$ 45,000.00
Trench Safety Plan
411
L.F.
$ 1.00
$ 411.00
$ 106,956.00
PAVING
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
Concrete Paving 8in Blvd.
14,973
S.Y.
$ 100.00
$ 1,497,300.00
Subgrade Preparation
14,973
S.Y.
$ 4.00
$ 59,892.00
Barrier Free Ramp
10
EA.
$ 1,500.00
$ 15,000.00
Concrete Sidewalks
2,248
S.Y.
$ 45.00
$ 101,160.00
Lime (40# / S.Y.)
299.46
TON
$ 190.00
$ 56,897.40
$ 1,730,249.40
OTHER DEVELOPMENT FEES
DESCRIPTION
QUANTITY
UNIT
COST/UNIT
TOTAL COST
Pavement Striping and Marking (Ferguson)
2,250
L.F.
$ 20.00
$ 45,000.00
Streetlights
6
EA.
$ 3,000.00
$ 18,000.00
Inspection Fee (3.50% of Const. Costs)
1
L.S.
$ 86,225.56
$ 86,225.56
Professional Fees (eng., LA, planning, surveying, etc.) 15% const. costs
1
L.S.
$ 369,538.11
$ 369,538.11
Maint. Perfm, Pymt Bonds (Assume 3.5% of Const. Costs)
1
L.S.
$ 86,225.56
$ 86,225.56
$ 604,989.23
DESCRIPTION
TOTAL COST
Earthwork
$ 36,800.00
Erosion Control
$ 35,266.00
Water
$ 554,316.00
Storm Sewer
$ 106,956.00
Paving
$ 1,730,249.40
Other Development Fees
$ 604,989.23
Contingencies (Assume 10% of Constr. Costs)
$ 246,358.74
GRAND TOTAL
$ 3,314,935.37
TOTAL COST PER ACRE _
TOTAL COST PER LOT =
785,529.71
7,053.05
Assumptions:
1. This Opinion of Probable Cost (OPC) is generally based upon a land plan prepared by S&A in 2023.
2. Quantities are preliminary and subject to final approval of construction plans by the City of Anna.
3. The Client shall review and approve all quantities and unit prices prior to use of this OPC.
4. This OPC is not intended to serve as a comprehensive and complete analysis of all development and
construction costs. Any items not specifically noted in this OPC shall be added by the Client.
5. Any quantities and/or unit prices left blank shall be completed by the Client.
6. All unit costs are based upon recent bid tabs for recent projects of similar size.
7. Based on a preliminary review of the record drawings and drainage patterns for the area, this OPC assumes that on -site detention will be required.
8. Construction management fees are not included.
9. This OPC assumes that relocation of any underground or overhead franchise utilities, other than
specifically noted, on or adjacent to the site is not necessary or the client will budget for such accordingly.
10. This OPC assumes that no rock or similar material will be encountered during construction.
11. This OPC does not include any costs incurred for mitigation fees imposed by the USACE. (None anticipated at this time).
12. The unclassified excavation quantity assumes that 350 CY of earthwork moving will be required for each lot.
13. This OPC assumes 40 pound per square yard for lime.
NOTE: Sanchez and Associates, LLC, does not have any control over the cost of labor, fuel or materials and therefore does
not warrant or guarantee that the anticipated probable costs will not be different once a final design is complete and the project
is put out to bid. Sanchez and Associates, LLC, has prepared this Opinion of Probable Cost based on information available for
similar projects in North Texas.
EXHIBIT E-2 "ROADWAY IMPROVEMENT MANTUA PARKWAY"
Project: City Park Heights East
MANTUA PARKWAY
City of Anna
Collin County, Texas
Client Name:
ATTN:
Prepared by: Sanchez & Associates, LLC
EARTHWORK / DEMOLITION
Acres (Gross): 0.7
Acres (Net): 0.7
Lots: 470.0
Client #:
Job #: 001
Initials: CDR
Date: 2/27/2024
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
Clearing, Grubbing & Stripping
0.7
AC.
$ 4,000.00
$ 2,800.00
Unclassified Excavation (assumes 350 yds/lot)
1,000
CY
$ 5.00
$ 5,000.00
$ 7,800.00
EROSION CONTROI
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
Reinforced Silt Fence
500
L.F.
$ 4.00
$ 2,000.00
Construction Entrance
1
EA.
$ 5,000.00
$ 5,000.00
$ 7,000.00
WATER
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
8" Water Line
500
L.F.
$ 80.00
$ 40,000.00
8" Water Valve
2
EA.
$ 2,500.00
$ 5,000.00
Fittings (1ton/1000 If of pipe)
0.50
TON
$ 16,000.00
$ 8,000.00
Fire Hydrants with 6" Lead)
1
EA.
$ 8,000.00
$ 8,000.00
16" x 8" Cross
1
EA.
$ 5,500.00
$ 5,500.00
Testing (Water Pressure & Chlorination)
500
L.F.
$ 2.50
$ 1,250.00
Trench Safety Plan
500
1 L.F.
$ 1.00
$ 500.00
$ 73,750.00
PAVING
DESCRIPTION
AMOUNT
UNIT
UNIT COST
COST
Concrete Paving 8in
1,925
S.Y.
$ 100.00
$ 192,500.00
Subgrade Preparation
1,925
S.Y.
$ 4.00
$ 7,700.00
Barrier Free Ramp
1
EA.
$ 1,500.00
$ 1,500.00
Concrete Sidewalks
260
S.Y.
$ 45.00
$ 11,700,00
Lime (40# / S.Y.)
38.50
1 TON
1 $ 190.00
$ 7,315.00
$ 220,715.00
OTHER DEVELOPMENT FEES
DESCRIPTION
QUANTITY
UNIT
COST/UNIT
TOTAL COST
Inspection Fee (3.50% of Const. Costs)
1
L.S.
$ 10,824.28
$ 10,824.28
Professional Fees (eng., LA, planning, surveying, etc.) 15% const. costs
1
L.S.
$ 46,389.75
$ 46,389.75
Maint. Perfm, Pymt Bonds (Assume 3.5% of Const. Costs)
1
L.S.
$ 10,824.28
$ 10,824.28
$ 68,038.30
DESCRIPTION
TOTAL COST
Earthwork
$ 7,800.00
Erosion Control
$ 7,000.00
Water
$ 73,750.00
Paving
$ 220,715.00
Other Development Fees
$ 68,038.30
Contingencies Assume 10% of Constr. Costs)
$ 30,926.50
GRAND TOTAL
$ 408,229.80
TOTAL COST PER ACRE _ $ 583,185.43
TOTAL COST PER LOT = $ 868.57
Assumptions:
1. This Opinion of Probable Cost (OPC) is generally based upon a land plan prepared by S&A in 2023.
2. Quantities are preliminary and subject to final approval of construction plans by the City of Anna.
3. The Client shall review and approve all quantities and unit prices prior to use of this OPC.
4. This OPC is not intended to serve as a comprehensive and complete analysis of all development and
construction costs. Any items not specifically noted in this OPC shall be added by the Client.
5. Any quantities and/or unit prices left blank shall be completed by the Client.
6. All unit costs are based upon recent bid tabs for recent projects of similar size.
7. Based on a preliminary review of the record drawings and drainage patterns for the area, this OPC assumes that on -site detention will be required.
8. Construction management fees are not included.
9. This OPC assumes that relocation of any underground or overhead franchise utilities, other than
specifically noted, on or adjacent to the site is not necessary or the client will budget for such accordingly.
10. This OPC assumes that no rock or similar material will be encountered during construction.
11. This OPC does not include any costs incurred for mitigation fees imposed by the USACE. (None anticipated at this time).
12. The unclassified excavation quantity assumes that 350 CY of earthwork moving will be required for each lot.
13. This OPC assumes 40 pound per square yard for lime.
NOTE: Sanchez and Associates, LLC, does not have any control over the cost of labor, fuel or materials and therefore does
not warrant or guarantee that the anticipated probable costs will not be different once a final design is complete and the project
is put out to bid. Sanchez and Associates, LLC, has prepared this Opinion of Probable Cost based on information available for
similar projects in North Texas.
EXHIBIT: I I F-ANNEXATION"
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EXHIBIT: IIH - UTILITIES"
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SANCHEZ
Exhibit I: Architectural Style (for illustration ptuposes o„ l))
This single-family home exudes a harmonious blend of classic charm
and modern aesthetics, stretching comfortably across a 30-foot
width. Its design is steeped in the modern farmhouse style, which is
characterized by a warm and inviting atmosphere that brings to mind
the simplicity and comfort of rural living combined with
contemporary elements.
The lower portion of the exterior walls is adorned with stone
wainscot, providing a sturdy and timeless foundation that adds
texture and depth to the facade. This natural stone element not only
enhances the home's curb appeal but also acts as a durable
protective layer.
Above the stone wainscot, the home features vertical board and
batten siding, a hallmark of farmhouse design. This siding choice
contributes a rustic yet clean -lined look that's both visually striking
and understated. The vertical lines of the board and batten add
height and elegance to the home's profile.
Adding to the home's distinct character, window shutters flank the
windows, offering a traditional touch as well as practical benefits.
These shutters can provide privacy, control over natural lighting, and
protection against the elements, while also contributing to the
overall aesthetic with their color and style.
A standout feature of this residence is the metal roof that crowns the
garage. The sleek and durable metal roof not only provides long-
lasting protection but also complements the modern farmhouse
theme with its industrial flair. The contrast between the metal roof
and the more traditional elements of the home creates a visually
appealing dynamic that's both fresh and familiar.
Overall, this 30-foot wide single-family home balances the pastoral
allure of farmhouse design with modern sensibilities, resulting in a
living space that's as stylish as it is welcoming. The combination of
stone, metal, and wood materials along with the functional shutters
provides a multi -textured appearance that's both grounded in
tradition and aligned with contemporary trends.
e
Exhibit I: Architectural Style (fo,- illustration purposes only)
This 30-foot wide single-family home is a beautiful representation of
transitional architecture, where the warmth of traditional design
meets the clean lines of contemporary style. The facade features a
handsome brick exterior, providing a classic and durable base with a
timeless appeal. The brickwork adds depth and character to the
home, setting the stage for a blend of styles that complement the
overall design.
A subtle transition to stucco at the second floor introduces a modern
touch, offering a smooth and refined contrast to the textured brick.
This stucco band encapsulates the transitional nature of the home,
seamlessly integrating the traditional lower facade with the
contemporary elements above, without overwhelming the design.
The residence is crowned with a high-pitched gable roof that gives
the home an impressive profile and a sense of grandeur. This
architectural choice not only adds to the visual interest but also
allows for a spacious interior with high ceilings. The steep slopes of
the gable roof create an inviting aesthetic reminiscent of classic
homes, yet the execution remains clean and modern.
A metal awning over the front door provides a sleek and functional
accent, protecting visitors from the elements while adding a
contemporary edge. Headers over the windows and the garage door
further enhance the home's elegance, framing these features with a
touch of sophistication that unifies the transitional theme. The
combination of these elements —brick, stucco, and metal —results in
a cohesive and attractive home that bridges the past and present
with style and grace.
Exhibit 1: Architectural Style (/or- illusti-ar[on purposes only)
This 30-foot wide single-family home artfully embodies the Modern
Prairie style, characterized by horizontal lines and a connection to
the earth. A significant design feature is the high brick watertable
that reaches past the second floor, grounding the home with a
substantial and textured presence. The warm brickwork provides a
nod to the natural elements that are central to Prairie architecture.
Above, a metal awning roof shelters the front door, introducing a
modern element that contrasts with the traditional brick. This sleek
canopy not only serves a practical function but also enhances the
home's contemporary aesthetic. A header over the garage door adds
a refined touch, contrasting the rustic brick with its polished finish.
The second floor is clad in horizontal siding, maintaining the home's
linear motif and contributing to the modern interpretation of the
Prairie style. This feature lightens the visual weight of the brick and
complements the home's broad, hipped roof, which completes the
design with a sense of enclosure and protection.
The overall effect is a harmonious blend of the Prairie School's
organic influence with modern design elements. The high brick
watertable, metal awning, brick accents, and horizontal siding come
together to create a residence that is both rooted in tradition and
refreshingly contemporary, offering a serene and stylish place to call
home.
Exhibit I: Architectural Style (fo,- illust,-ation pu,poses only)
This 4-unit townhouse development elegantly combines modern farmhouse style with urban practicality. The lower exterior features a dual wainscot of stone and brick, providing not only a durable base but also a
rich, textural contrast that is both visually striking and reminiscent of classic farmhouse architecture.
Metal awnings over the first floor windows and doors introduce an industrial element, offering weather protection while complementing the vertical board and batten siding above. This siding choice, with its clean
vertical lines, adds a contemporary twist to the traditional aesthetic and draws the eye upward to the second story.
The second floor is adorned with window shutters, enhancing the farmhouse charm and providing residents with additional privacy and control over their home's natural lighting. The shutters balance form and
function, adding to the townhouse's rustic yet refined appearance.
Topping off the design are the metal roof dormers, which not only add architectural interest to the roofline but also invite ample daylight into the upper living spaces. These dormers reflect the metal details below,
tying together the modern and traditional elements into a cohesive and inviting residential development.
Exhibit L• Architectural Style (ro,- iiiiisr,-atio,, p,,,poses o„ry)
'
dot
This architecturally distinct 4-unit townhouse exemplifies the Modern Prairie style with its strong horizontal lines and integration of natural materials. A defining feature is the high brick watertable that extends
past the second floor, creating a visual anchor and adding a layer of texture and warmth. The brick's rich earth tones and durability pay homage to the organic foundations of Prairie design while providing a
modern, urban edge.
The end units boast a striking metal roof, adding an industrial yet sleek counterpoint to the traditional brick below. This metallic element not only reinforces the townhouse's contemporary credentials but also
provides a durable and weather -resistant covering. Central to the front elevation, a metal canopy stretches over the first -floor windows and the center front entry doors, offering both shelter and a touch of
modern sophistication.
Above the brick watertable, the second floor features horizontal siding, reinforcing the horizontal emphasis typical of Prairie architecture and contributing to the building's streamlined appearance. This choice of
siding balances the solidity of the brick with a lighter, more modern material that complements the overall design narrative.
A gently sloping hipped roof caps the townhouses, mirroring the broad, flat expanses of the Prairie landscape and contributing to the sense of horizontality that is key to this architectural style. The roof's
overhanging eaves extend beyond the walls, providing protection from the elements and emphasizing the clean, geometric lines that are characteristic of the Modern Prairie aesthetic.
Exhibit 1: Architectural Style (/or illustration purposes only)
This 30-foot wide single-family home stands as a striking example of transitional architecture, effortlessly blending the timeless appeal of traditional materials with the streamlined aesthetics of contemporary
design. The facade is distinguished by richly textured brickwork, imbuing the structure with depth and enduring charm. This classic foundation is elegantly juxtaposed with a modern touch of stucco at the second
floor, creating a refined contrast that highlights the home's layered design.
Atop the home, high-pitched gable roofs command attention, their steep slopes adding a dramatic element to the home's silhouette. These roofs not only enhance the structure's visual appeal but also contribute
to a spacious interior, allowing for vaulted ceilings and ample natural light. The prominence of the high-pitched gable roofs is a nod to traditional architecture, yet their clean, sharp lines resonate with modern
sensibilities.
A contemporary metal awning over the front door adds a practical yet stylish feature, offering shelter with a minimalist flair. Complementing this, headers above the windows and garage door inject an element of
sophistication, framing these openings with precision and elegance. These details, when combined with the distinct transition from brick to stucco and the striking gable roofs, culminate in a home that embodies
the essence of transitional style —harmoniously fusing the old with the new.
AFTER RECORDING, RETURN TO:
Collin County
Honorable Stacey Kemp
Collin County Clerk
Instrument Number: 2024000115425
Real Property
AGREEMENT
Recorded On: September 19, 2024 10:19 AM
Number of Pages: 56
" Examined and Charged as Follows: "
Total Recording: $241.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2024000115425 CITY OF ANNA
Receipt Number: 20240919000284 120 W 7TH ST
Recorded Date/Time: September 19, 2024 10:19 AM
User: Kacy M ANNA TX 75409
Station: Station 10
STATE OF TEXAS
Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas
Honorable Stacey Kemp
Collin County Clerk
Collin County, TX
9/19/24, 10:19 AM Certified Payments
CERTIFIED
P A Y M E N T S
by deluxe.
All Transactions Approved
Bureau: 9024389 - Collin Co, TX Clerk McKinney Office Land & Vitals
Description or Name Amount Qty Conv. Result
Fee
Fees: 2 AGREEMENTS $454.00 1 $10.44 Approved
Payment ID: 100306870139
Payment
Total Amounts + All Fees: $464.44
Auth Code: 036749
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L L I N
U N T Y
Collin County Clerk
Honorable Stacey Kemp
2300 Bloomdale Rd. Suite 2106
McKinney, TX 75071
Main: (972)548-4185 Fax: (972)547-5731
Receipt: 20240919000284
Date: 09/19/2024
Time: 10:19AM
By: Kacy M
Station: Station 10
Status: ORIGINAL COPY
Seu
Item
Document
Number Number Of Amount
Serial Number GF Number
Description
1
Real Property
AG
2024000115424 49 $213.00
2
Real Property
AG
2024000115425 56 $241.00
order Total (2) $454.00
$eeq
Payment Method
Transaction Id
Comment
Total
i
Credit Card
100306870139
$454.00
Total Payments (1)
$454.00
Change Due
$0.00
CITY OF ANNA
120 W 7TH ST
ANNA, TX 75409
For more information about the County Clerk's office and to search property
records online, please visit https://www.collincountytK.gov/county-clerk/
1 of 1