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CCpkt2014-07-08
Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 8, 2014 6*30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., July 8, 2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding Long Term Debt. (Clayton Fulton) 4. Review Draft FY 2015 Capital Project Budgets. (Clayton Fulton) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code, 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-08-14 CC Workshop Meeting Agenda.doc Posted 07-0344 �l incentive to a business prospect described by subdivision (1). jiex. Gov't Code .551.087 ); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Tex. Gov't Code 4551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, 6. Consider/Discuss/Action on any items listed on posted agenda for July 8 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., July 3, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-08-14 CC Workshop Meeting Agenda.doc 2 Posted 07-03-14 Y{pUR} HOIVIETOW Pd CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING July 8, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., July 8, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign4n-Sheet cis a record of attendance. If you ivish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allotived 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest inclurde0 expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in statues of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-08-14 CC Regular Meeting Agenda.doc 1 Posted 07-03-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by lai4�. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a Resolution approving an Interlocal Dispatch Services Agreement between the City and Collin County, Texas. (Chief Jenks) b. Approve a Resolution approving Extension of an Agreement with Collin County for Jail Services. (Chief Jenks) 6. (a) Public Hearing: To consider public comments on a request by owners) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, Al 14. (Maurice Schwanke) (b) Consider/Discuss/Act on recommendation regarding request by owners) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. (Maurice Schwanke) 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Oak Hollow, Phase 6A. (Maurice Schwanke) 8. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated gation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-08-14 CC Regular Meeting Agenda.doc 2 Posted 07-03-14 incentive to a business prospect described by subdivision (1). i1ex, Gov't Code §551.087), proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Tex. Gov't Code 4551.074). The council fiuther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act, 9. Consider/Discuss/Action on any items listed on posted agenda for July 8, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 10. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. July 3, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-08-14 CC Regular Meeting Agenda.doc 3 Posted 07-03-14 HOMETOWN Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 7/1/2014 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding Long Term Debt SUMMARY: Staff will present the FY 15 Debt Service Budget and review our long term debt management plan. Each year the City's Financial Advisors from First Southwest update the City's plans to manage our long term debt. Part of that plan involves refunding of debt before the end of calendar year 2014. Staff from FSW and the City actively monitor and manage our long term debt to ensure we are able take advantage of market conditions and reach a favorable outcome when issuing new debt new debt and refinancing existing debt. FSW has developed a multi phased approach to refund existing General Fund and Utility Fund debt along with plans for any issuance of new debt. Staff from FSW will be in attendance to present our debt management plans. RECOMMENDATION: None Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 07/O1/2014 Exhibits: ❑Yes Q No AGENDA SUBJECT: Review Draft FY I S Capital Project Budgets. SUMMARY: Staff will review the budgets for capital projects that will occur throughout FY 15. RECOMMENDED ACTION: None CITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Foam to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS 'i tCEiSSt4 .b t_°aTa.! ;3rJ. n Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: RECOMMENDATION: Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-03�14 Exhibits: ❑Yes ❑ No Council Meeting: July 8, 2014 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sandell Date Prepared: 7-03-14 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegi Aance. SUMMARY: RECOMMENDATION: I■ • n Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-03-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, factual information in response to a citizen' response to the inquiry. SUMMARY: RECOMMENDATION: other than to rnake statements of specific s inquire or to recite existing policy in Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 8, 2014 Staff Contact: Philip Sanders Account Code #: N/A Date Prepared: 7-03�14 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. y{OUR} IiOMETOW N Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 La - b City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-03-14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by lai}i. Items pray be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a Resolution approving an Interlocal Dispatch Services Agreement between the City and Collin County, Texas. (Chief Jenks) b. Approve a Resolution approving Extension of an Agreement with Collin County for Jail Services. (Chief Jenks) RECOMMENDATION: Staff recommends approval of the consent items. CITY CF ANNA, TEXAS Council Meeting: July 8, 2014 Account Code #:_ Budgeted Amount: Item No. 5 a City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenlcs Exhibits: � Yes ❑No AGENDA SUBJECT: Approve a Resolution authorizing a Police Dispatch Services Agreement. SUMMARY: The Police Department receives its dispatch services via an agreement with Collin County. This agreement allows for the Sheriff's Office to provide the dispatch services necessary for the operations of the Police Dept. In return, the City pays a fee associated with each radio event. This resolution allows the agreement to be extended through the end of FY 2015. STAFF RECOMMENDATION: Approve the resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL DISPATCH SERVICES AGREEMENT BETWEEN THE CITY AND COLLIN COUNTY, TEXAS. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Chief of Police, in furtherance of the Department's purpose of preserving and protecting the public health and safety of the City 's residents, recommends that the City renew the agreement for Dispatch services with Collin County; WHEREAS, Dispatch Services are defined as all services necessary for the Collin County Sheriff's Office to receive calls for law enforcement service within the City of Anna's jurisdiction and to dispatch the City's law enforcement personnel in response to such calls; and WHEREAS, the City Council, by vote, approves the Interlocal Dispatch Services Agreement between the City of Anna and Collin County for the period ending September 30, 2015. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED day of JUIy, 2014. APPROVED: by the City Council of the City of Anna, Texas on this ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1 INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the day of 2014, by and between the City of Anna (the "City") and Collin County, a political subdivision of the State of Texas (the "County"). RECITALS 1. The County, through the Sheriff's Office, owns and operates communication facilities used in dispatching its law enforcement and emergency service personnel. 2. The City desires to obtain certain dispatch services from the County. Therefore, under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act, Section 791 et seq., the parties agree as follows: SECTION 1. DEFINITIONS DISPATCH SERVICES. The term "Dispatch Services" means all services necessary for the Collin County Sheriff's Office to receive calls for law enforcement service within the City's jurisdiction and to dispatch the City's law enforcement personnel in response to such calls. SECTION 2. TERM 2.01 TERM. The term of this agreement shall commence on October 1, 2014, and shall continue in full force and effect through September 30, 2015. 2.02 TERMINATION. Either party may terminate this agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES SERVICES TO BE PROVIDED. The County agrees to provide dispatch services through the Sheriff Office to the City in the same manner and under the same work schedule as such services are provided in the operation of the County's law enforcement personnel. J For each user the City is required to complete and return Attachment (A), Connection Policy and Agreement Form for the Virtual Private Network (VPN). SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION The parties agree that the County may contract to perform services similar or identical to those speced in this agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 The dispatch service charges for FY2015 in the amount of $36,973.80 shall be paid by the City in quarterly installments of $9,243.45. This amount is based upon the prior year call volume at the rate of $6.68 per radio incident. 5.02 PAYMENT UPON EARLY TERMINATION. If this agreement is terminated prior to the conclusion of a three-month period for which a payment has been made pursuant to Section 5.01 of this agreement, the entire amount paid shall belong to the County without prorating. 5.03 SOURCE OF PAYMENT. The City agrees that payments that it is required to make under this agreement shall be made out of the City's current revenues. SECTION 6. CIVIL LIABILITY Any civil liability relating to the fiu•nishing of services under this agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this agreement. The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorneys fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the IF County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. SECTION 9. NOTICES 9.01 FORM OF NOTICE. Unless otherwise specified, all communications provided for in this agreement shall be in writing and shall be deemed delivered, whether actually received or not, forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 ADDRESSES. All communications provided for in this agreement shall be addressed as follows: (A) Collin County, Dispatch Services to: Purchasing Department 2300 Bloomdale #3160 McKinney, Texas 75071 (B) If to the City, to: (C) Collin County, Virtual Private Network Information Technology Department 2300 Bloomdale #3198 McKinney, Texas 75071 3 Or to such person at such address as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Collin County Administration Building 2300 Bloomdale Rd. Suite 4192 McKinney, Texas 75071 SECTION 10. CAPTIONS The headings to the various sections of this agreement have been inserted for the convenient reference only and shall not modify, define, limit or expand the express provision of this agreement. SECTION 11. COUNTERPARTS This agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. OBLIGATIONS OF CONDITION All obligations of each party under this agreement are conditions to fiu-ther performance of the other party's continued performance of its obligation under the agreement. SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the City have the exclusive right to bring suit to enforce this Agreement, and no party may bring suit, as a third -party beneficiary or otherwise, to enforce this agreement. G� SECTION 14. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written oral agreements between the parties respecting the services to be provided under this agreement. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: "CITY" I TITLE: DATE: 5 June 18, 2014 COLLIN COUNTY City of Anna Mayor: Mike Crist 111 N. Powell Parkway P.O. BOX 776 Anna, Texas 75409 Dear Mr. Crist: Office of the Purchasing Agent 2300 Bloomdale Road Suite 3160 McKinney, Texas 75071 www.collincountytx.gov Enclosed is copy of the final agreement for the Interlocal Agreement for Dispatch Services. If you have any questions, please contact me at 972-547-5325 or turner cr,co.collin.tx.us. Sincerely, Jennifer Turner Contract Administrator t CITY OF ANNA, TEXAS Council Meeting: July 8, 2014 Account Code #:_ Budgeted Amount. Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenlcs Exhibits: 0 Yes ❑No AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution amending and extending the agreement with Collin County for Jail Services. SUMMARY: The Police Department utilizes, through agreement, Collin County Jail for all of the jail service needs that arise from the enforcement of laws by the Anna Police Department. This resolution allows the agreement to be amended to extend the jail services agreement through September 30, 2015. STAFF RECOMMENDATION: Approve the resolution amending/extending the jail services agreement with Collin County. CITY OF ANIMA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF AN AGREEMENT WITH COLLIN COUNTY FOR JAIL SERVICES. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Chief of Police, in furtherance of the Department's purpose of preserving and protecting the public health and safety of the City 's residents, recommends that the City renew the agreement for jail services with Collin County. WHEREAS, the City Council approves amendment #6 to the agreement as Section 2 of the current Jail Services Agreement is amended to read as follows: "2.01 This agreement shall be for a period of one (1) year ending September 30, 2015, and may be renewed for an additional one (1) year term as agreed in writing by both parties. If the basic charge per day is increased at any time during the agreement/renewal period, the agreement will be revised and forwarded to the entity with the revised basic charge fee." "Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties." Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of July, 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1 Amendment No. Eight (0) ON of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75069 972-548-4165 Vendor: CITY OF ANNA P.O. Box 776 Anna, TX 75409 Awarded by Court Order No.: Amendment # 1 Amendment # 2 Amendment # 3 Amendment # 4 Amendment # 5 Amendment # 6 Amendment # 7 Amendment # 8 �►�iI�Z:�x7��X��? 2007-756-09-11 2008-778-09-23 2009-714-09-14 2010-500-07-26 2011-808-10-10 2012-485-08-06 2013-704-09-16 Contract Agreement, Jail Services Agreement: 12104-08 Effective Date 10/1/2014 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGE TO THIS CONTRACT Amend Section 2 Term to read as follows: 2.01 This Agreement shall be for a period of one (1) year ending September 30, 2015, and may be renewed for an additional one (1) year term as agreed in writing by both parties. If the Basic Charge per day is increased at any time during the Agreement/Renewal period, the Agreement will be revised and forwarded to the entity with the revised Basic Charge Fee. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: Print Name CITY OF ANNA P.O. Box 776 Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: July 3, 2014 COLLIN COUNTY CITY OF ANNA Mayor, Michael Crist P.O. Box 776 Anna, TX 75409 Re: Agreement, Interlocal: Jail Services City of Anna, Amendment No.8 Dear Mayor, Crist: Office of the Purchasing Agent 2300 Bloomdale Road Suite 3160 McKinney, Texas 75071 www.collincountytx.gov Enclosed please find three (3) copies of the aforementioned Amendment for your approval and signature regarding, the referenced services. Please sign and return all copies for final execution to the Collin County Purchasing Department, 2300 Bloomdale Road, Suite 3160, McKinney, Texas 75071. Upon completion, one (1) fully executed copy will be returned to you for your files. Should you have any questions, please feel free to contact me at (972) 548-4124 or Metro (972) 424- 1460, ext. 4124. Sincerely, Jennifer Turner Assistant Purchasing Agent/Contract Administrator Collin County Purchasing Department Fax# 972-5484694 Email: jturner@co.collin.tx.us Encl. c: file IiOM�TOWN Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 06/27/14_ Exhibits: Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To consider public comments on a request by owner(s) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. (b) Consider/Discuss/Action regarding an Ordinance to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. SUMMARY: This 48 acre h•act is owned by the Anna Economic Development Corporation. The Corporation is interested in rezoning the property in line with future residential densities that are anticipated in the "Anna Comprehensive Plan" (Plan). This will help facilitate the process when a potential purchaser researches the property. They will know what kind of densities and standards the City anticipates on the tract of land and may not need to go through another rezoning request and they can make their decisions accordingly. This request is for 7,200 square feet minimum lot size with an average of 8,400 square feet. The property to the north (known as Camden Parc) is zoning for 73200 square feet lots while the property not adjacent but to the south is zoned for 7,200 square feet lots (Sweetwater Crossing) The ordinance addresses several other factors as shown in the attached ordinance for your consideration. PLANNING AND ZONING ACTION: The Planning and Zoning recommended approval of the proposed ordinance at their meeting on May 12th, 2014. The vote was unanimous. RECOMMENDED ACTION: Approval of Ordinance Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, July 8, 2014 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S. COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Single Family Estate (SF-E) and existing Planned Development. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A 114. The owner(s) are requesting a zoning change to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of 376. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. (Property rezoned under this ordinance is generally located west of County Road 427. and south of County Road 376) CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES, PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full, and WHEREAS, said Property generally located west of County Road 427 and south of County Road Number 376 is being rezoned from Single Family Estate (SFE) and Planned Development zoning to Planned Development (PD) Single Family Residential zoning, and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Zoning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single Family Estate (SFE) and Planned Development (PD) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF-72) Development Standards or more restrictive as set forth below and all unspecified regulations shall 0 conform to the standards set forth in the Citys Zoning Ordinance as it currently exists or may be amended). 1. PLANNED DEVELOPMENT — PD-72 Residential: 1.1 General Description: The Property identified on the attached Exhibit "A" is intended to accommodate residential and neighborhood convenience development in the City of Anna. The residential uses for the land identified on the Concept Plan shall be developed in accordance with the "SF-72 — Single Family District" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.2 PD-72 Development Standards: a. Building and Area Requirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PD-72 areas: i. Minimum Floor Area —The minimum floor area per dwelling unit shall be one thousand eight hundred (1,800) square feet. ii. Lot Area —The minimum area of any lot shall be seventy-two hundred (7,200) square feet. iii. Overall Average Lot Area —The overall lot area average for the residential lots within the Property as defined on Exhibit "A" shall be a minimum of eighty-four hundred (8,400) feet. iv. Lot Coverage — In no case shall more than sixty (60) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. v. Lot Width —The minimum width of any lot shall be sixty (60) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a width of fifty-five (55) feet at the front building line; provided all other requirements of this section are fulfilled. vi. Lot Depth —The minimum depth of any lot shall be one hundred twenty (120) feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. vii. Front Yard —The minimum depth of the front yard shall be twenty-five (25) feet. Covered drives (no carports), garages and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. 2 i. Side Yard —The minimum side yard shall be seven and one-half (2.5) feet. The side yard adjacent to a street shall be fifteen (15) feet. ix. Rear Yard —The minimum depth of the rear yard shall be twenty-five (25) feet. 2.2 Conformance to all applicable articles of the Anna Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exist or may be amended. 2.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date 3 This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 0 Ex"119M A BEING all of that certain 48.004 acre tract of an situated in Collin County, Texas, in the J.C. Brantley Survey, Abstract No. 114, and being a re -survey of a called 47.98 acre tract of land described in a Special Warranty Deed recorded at County Clerk File No. 964062799 in the Collin County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at a bend in County Road 427 at the most Northerly corner of said 47.98 acre tract, being the Southeast corner of a called 65.543 acre tract of land described as Tract 7 in a Quitclaim Deed recorded at County Clerk File No. 96-0110244, said point also being the Southwest comer of a called 25.024 acre tract of land described in a General Warranty Deed recorded in Volume 4942, Page 511 of said deed records, from which a PK nail set at the centerline intersection of County Road 427 and County Road 376 bears North 00 deg. 00 min. 37 sec. West, 874.54 feet, said found 112 inch iron rod being the most Northerly corner hereof, THENCE South 59 deg. 24 min. 09 sec. East generally along the center of County Road 427, the Northeasterly line of said 47.98 acre tract and the Southwesterly line of said 25,024 acre tract a distance A 577.27 feet to a 112 inch iron rod found in the center of County Road 427 at the common East comer thereof, from which a 112 inch iron rod found in concrete on the North side of County Road 427 bears North 33 deg. 06 min. 00 sec. East, 19.67 feet, said found 112 inch iron rod in the center of County Road 427 being the most Easterly corner hereof, THENCE South 33 deg, 59 min. 07 sec. West along a Southeasterly line of said 47.98 acre tract, at 24.66 feet pass over a 112 inch iron rod found at a fence comer post and continuing generally along or near a fence on a Southeasterly line of si ad 47.98 acre tract and a Northwesterly line of a called 24.722 acre tract of 1130d described in a Warranty Deed recorded at County Clerk File No. 95-0083721 a distance of 892.84 feet to a 1/2 inch iron rod found at a fence corner post at a common corner thereof, THENCE South 61 deg. 56 min. 28 sec. West generally along or near a fence on a Southeasterly line of said47.98 acre tract and a Northwesterly line of said 24.722 acre tract a distance of 1558.68 feet to a 1/2 inch iron rod found at a fence corner post at the common West comer thereof, said point being in the East line of the Dallas Area Transit (DART) rail right-of-way (50 feet from centerline) said found 1/2 inch iron rod being the most Southerly comer hereof, THENCE North 24 deg. 00 min. 42 sec. West generally along or near a fence on the East line of said DART railright-of- way (50 feet from centerline) a distance of 1278.03 feet to a 112 inch iron rod found therein at the Southwest comer of said 65,543 acre tract, said found 1/2 inch iron rod being the Northwest corner hereof, THENCE North 76 deg. 53 min. 40 sec. East along the South line of said 65.543 acre tract, at 1.30 feet pass over a 1/2 inch iron rod found at the Northwest corner of said 47.98 acre tract, and continuing along the South line of said 6S.S43 acre tract and the North line of said 47.98 acre tract a distance of 1822.79 feet toa 1/2 inch iron rod found at a common Easterly comer thereof, said found 1/2 inch iron rod being a Northerly corner hereof, THENCE North 33 deg. 16 min. 07 sec. East along the Northwest line of said 47.98 acre tract and the Southeast line of said 65.543 acre tract a distance of 223.15 feet to the Place of Beginning and being ca1cL1fated to Contain 48,004 acres of land, more or less. EDC OF ANNA, TEXAS RESOLt1TION NO.� PAGE 2 OF 2 CA tv .. 1..:IN _ II ANAANA - r. r^ AN L INVl b rIN f A, -�AN AN II) IN N C� N 5C AN VIII A, c E-tI AN III It - E a s Et L INNIN _At Iv A, _ It. _ F4 It AMANN A, :�2 UIN IN Z C t X h E E EAIN E E EAN it - E e cE I' N 0 tVtl mpF�—, 21 ANN ' E E r 3 t _ 41 �l IN ANE IN E E F AN El q 0 at INFE 4 Y 0 At m CA b e e N _ H c e � I. Q o C N NQ INIO /tr,' '- VA At IN _ IVA AN E IN NIL IN Ij,ti^ / r oc �0� Nl Lul6 VA AN L6� �� IN . i Gi IN,1s i' v a NN IN x s � r t / a' rpit � C Nr If ,r,.='' NeL INN. A AN te C„ t AN u Ir» INN It o IN Al ANA = r; 1 \ \ \ i A�, \\ ki Not aFt �Al k Irv. \\ µ } k � iIN i? AS A\ 5 ` �t etc 'it N AN ;E;r ������ �. \�� �V � � � v. m_ 7 i� 2 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. aMi 025 - a! Ctbc) A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING AND APPROVING A REZONING APPLICATION FOR 48 ACRE TRACK OF REAL PROPERTY WHEREAS, the Anna Economic Development Corporation (the "EDC") intends to submit an application to rezone the EDC-owned property seeking a zoning classification change from SF - E and PD district to PD - 7200 district, and WHEREAS, the EDC has determined that rezoning of said property is in the best interests of the EDC and that the Chief Administrative Officer should move forward with the submittal of the application seeking a zoning classification change from SF - E and PD district to PD: 7200 district. NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1. Recitals incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Submit Rezoning Application The Board of Directors of the EDC (the "Board") hereby authorizes the Chief Administrative Officer ("CAO") to submit a rezoning application seeking a zoning classification change from SF-E and PD district to PD- 7200 district, on the EDC's behalf, for real property, which is approximately 48 acres and is described in more detail in the attached EXHIBIT A, incorporated herein for all purposes. 5-1- PASSED AND APPROVED by the Anna Economic Development Corporation this Jay of , 2014. APPROVED: EDC President 0 Sherilyn �d EDC Secreta EDC OF ANNA, TEXAS RESOLUTION NO.��y'i�'�I C�� � PAGE 1 OF z Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 06/27/14_ Exhibits: Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Subdivision hnprovement Agreement for Oak Hollow, Phase 6A. SUMMARY: Oalc Hollow Phase 6A located along Taylor Blvd. (County Road Number 367) is currently being developed. The adopted procedure for development requires that developers extend utility lines across their frontages so that subsequent developments can tie into the system. An eight inch water line would be required to fulfill this obligation for the Oak Hollow Development. The distance for this line is 729 linear feet. According to our water master plan that is under development our real need is to have this line be 12 inches instead of 8 inches. The line would tie into an existing 12 inch water line that exists to the east that was installed by a similar agreement with LGL. The Developer is willing to do this upgrade if the City is willing to pay the difference by allowing for an offset in required water improvement fees required for this development. The attached exhibit shows the cost breakdown between a 12 inch and 8 inch line. The difference is $145124.54. RECOMMENDED ACTION: Approval of the Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY 4F ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AND APPROVING A SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES. WHEREAS, it is in the best interest of the City and Private Developers in order to provide for orderly development to make subdivision improvement agreements; and WHEREAS, during the course of construction City Staff has identified a need to upgrade a water line; and WHEREAS, the difference in cost of water line between 8 inch and 12 inch for a distance of 729 linear feet should not exceed $14,124.54; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Second Agreement Amending Subdivision Improvement Agreement The City Council hereby authorizes the City Manager to execute the Second Agreement Amending Subdivision Improvement Agreement attached to this resolution as Exhibit A-1 and to execute any additional documents necessary to cause the improvements referenced herein to be completed. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of July, ZU14. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist EXHIBIT A-1 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Second Agreement Amending Subdivision Improvement Agreement (this "Second Amendment") is entered into between the City of Anna, Texas, a home -rule municipality (the "City") and LGI Homes — Oak Hollow Phase 6, LLC, a Delaware Company ("Owner"). The term "Owner" includes all owners of the Property, and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Second Amendment. WHEREAS, Owner and the City are sometimes collectively referenced in this Second Amendment as the "Parties"; and WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Second Amendment; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 31.568 acres of land located entirely within the corporate limits of the City of Anna, to be platted as Oak Hollow Phase 6A, and which is more particularly and separately or jointly described in the attached Exhibit 1; and, WHEREAS, the City previously approved and entered into a Subdivision Improvement Agreement ("SIA"), attached hereto as Exhibit 2, related to the Development of the Property, and, WHEREAS, The SIA amended the Anna 96 Facilities Agreement (the "Facilities Agreement"); and, WHEREAS, the City and the Owner subsequently entered into an agreement amending the SIA (the "Amendment"), which is attached hereto as Exhibit 3; and, WHEREAS, the City and Owner now desire to further amend the CIA to address the Phase 6A Water Facilities, as defined in Section 2 of this Second Amendment, and certain Water Capital Improvement Fees related to the Property; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Second Amendment are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Second Amendment is not an exaction or a concession demanded by the City but rather is an undertaking of Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Owner's development of the Property; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 1 SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Second Amendment and said recitals constitute representations by Owner and the City. SECTION 2 AMENDMENTS TO DEFINITIONS Section 2 of the SIA is amended by adding a definition of "Phase 6A Water Facilities" and by modifying the definition of "Public Improvements" as follows: Phase 6A Water Facilities means the CR 367 Water Line to be constructed by Owner as described and depicted in Exhibit 4, attached hereto, and in accordance with design/construction plans to be approved by the City. Public Improvements) means the Water Facilities and the Phase 6A Water Facilities. SECTION 3 AMENDMENTS TO SECTION 4 OF THE AGREEMENT Section 4 of the SIA is hereby amended by adding new subsections (c) and (d) as follows: (c) Owner Obligations. Within two (2) years of the Effective Date of this Agreement, Owner agrees to complete in a good and workmanlike manner construction of the Phase 6A Water Facilities. If Owner fails to fully complete construction of the Phase 6A Water Facilities in said manner within two years of the Effective Date of this Agreement, then the City's obligations under Section 4(d) shall terminate and Owner shall not be entitled to the credit described therein. (d) City Obligations. City agrees that the Water Capital Improvement Fees owed to the City by Owner when the final plat of the subdivision of the Property is recorded, as described in Section 1(a) of the Facilities Agreement, shall be partially credited in the amount of $14,124.54. Said credit is in addition to the credit described in subsection 4(b) of this Agreement. SECTION 4 CONFLICTS AND EFFECTIVE DATE To the extent of any conflict between this Second Amendment and the SIA, this Second Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of the Parties' signatures to this Second Amendment is fully and properly affixed to this Second Amendment and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Second Amendment and Owner has duly executed same. SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 2 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 LGI Homes — Oak Hollow Phase 6, LLC, a Delaware limited liability company By: LGI-GTIS Holdings IV, LLC, a Delaware limited liability company, its sole Manager By: LGI Homes Group, LLC, a Texas limited liability company, its Managing Member By: Eric T. Lipar, its Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of . , 2014, personally appeared Eric T. Lipar, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Manager of LGI Homes Group, LLC, in its capacity as Managing Member LGI JV Holdings IV, LLC, in its capacity as sole Manager of LGI Homes — Oak Hollow Phase 6, LLC. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 4 CITY OF ANNA By: Philip Sanders, City Manager Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of ,2014, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 5 IFiLIMAM15LI&J Exhibit 1—The Property (legal description Cl" survey drawing) Exhibit 2 —Subdivision Improvement Agreement Exhibit 3 —Agreement Amending Subdivision Improvement Agreement Exhibit 4 —Phase 6A Water Facilities SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 6 U MAP CIA s CA 0 " =ao , ou AjJAt CI I, MCA dA. u ., u p IC ka- R 18s yi iq k s - tl : Yy :2. iii ih a 5 b 4 y a tipM q e q a 03AutAH2 g „ °. .. 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Fri +tw tlOLls'Z/L VYSYd G00fll'JIIMi\tl 9'H ,-O LOOitIJl.901 �.9 1. � L�1 1� § 5 3 � i 0a°"a 0 art QQCm oQ $rAo Carlo OOM uAlto vArAA 84 s .on axoAAk-wCA rAl An E c r spar rid G1ItCZ a„ ". Fri +tw tlOLls'Z/L VYSYd G00fll'JIIMi\tl 9'H ,-O LOOitIJl.901 �.9 § 5 3 � i 0a°"a 0 art QQCm oQ $rAo Carlo OOM uAlto vArAA 84 s .on axoAAk-wCA rAl An E c r spar rid G1ItCZ a„ ". Fri +tw tlOLls'Z/L VYSYd G00fll'JIIMi\tl 9'H ,-O LOOitIJl.901 �.9 rid G1ItCZ a„ ". Fri +tw tlOLls'Z/L VYSYd G00fll'JIIMi\tl 9'H ,-O LOOitIJl.901 �.9 ANNA 96 FACILITIES AGREEMENT THIS FACILITIES AGREEMENT {this "AQreement") is entered into as of the Effective Date (hereinafter defined) by and between the CITY OF ANNA, TEXAS, a municipal corporation, existing under the laws of the State of Texas (the "City'), and ANNA 96 JOINT VENTURE and/or its assigns (collectively, "Developer'). RECITALS: A. Developer desires to develop a tract of land located within the City and consisting of approximately 96.085 acres commonly known as the Chee tract (the "Pro a '), which tract is illustrated on the attached Exhibit A and described by metes and bounds on the attached Exhibit Be Developer has a right to purchase the Property pursuant to a contract of sale between MML Partners, L.P., as seller, and Developer as purchaser dated June 21, 2002 (as may be amended, the "Contract"). B. Developer desires to develop the Property to include an estimated 386 single-family lots (the "Single Family Development" ). C. On January 28, 2003, the City annexed the Property pursuant to Ordinance No. 49-2003, and rezoned it as Planned Development, pursuant to Ordinance No. 50-2003, to include development rights that are consistent with the proposed Single Family Development, D. Development of the Property requires the construction of water and sanitary sewer improvements including the following off -site improvements (collectively, the "Public Improvements"): (i) a gravity sewer line from FM 455 to C.R. 367 commonly known as the Throckmorton line, (ii) a force main and two lift stations along C.R. 367 connecting the Throckmorton line to the existing wastewater treatment plant; (iii) any water supply improvements required to serve the Single Family Development; and (iv) any wastewater treatment plant expansion required to serve the Single Family Development. A portion of the proposed Public Improvements are more particularly described on Exhibit C attached hereto and made a part hereof. The Public Improvements are needed to serve the Property as well as other nearby property. Be The City desires to construct the Public Improvements. If the City is unable to complete design and construction of the Public Improvements on a schedule consistent with the Single Family Development schedule, Developer is willing to cause such Public Improvements to be constructed upon the condition that all costs paid or incurred by Developer and others for such Public Improvements are reimbursed from fees paid (or credits for said fees) to the City in connection with the development of the property benefited by such Public Improvements. F. The Property is adjacent to C.R. 367; therefore, Developer is not required to design or construct any thoroughfares or arterials adjacent to the Property. The Property does not include any major thoroughfares or arterials shown on the City's Thoroughfare Plan; therefore, Developer is not required to design or construct any thoroughfares or arterials within the Property. 1 010132.00069:758301.07 G. Developer and the City desire to set forth their respective obligations with respect to development of the Property and design and construction of the Public Improvements, including the obligation of Developer to pay certain capital improvement fees and the right of Developer and others to be reimbursed for costs of providing the Public Improvements. NOW, TI�REFORE, in consideration o£ the premises and the mutual covenants contained in this Agreement, the City and Developer agree as follows: 1. DEVELOPMENT FEES. The City agrees that the following water capital improvement £ees, wastewater capital improvement fees, road capital improvement fees and park fees (collectively, the "Development Fees") shall apply to the development of the Property. Developer agrees to pay to the City the Development Fees to insure that the Public Improvements are available to provide water and sanitary sewer service to the Single Family Development. (a) Water Capital Improvement Fees. The "Water Capital Improvement Fee" for all development within the Property shall be fixed at $1,000 per lot for the full build out of all lots within the Property. Water Capital Improvement Fees will be paid in the amount of $500 per lot when the final plat for the subdivision is recorded and $500 per lot when each residential building permit is issued. (b) Wastewater Capital Improvement Fees. The "Wastewater Capital Improvement Fee" for all development within the Property shall be fixed at $1,000 per lot for the full build out of all lots within the Property. Wastewater Capital Improvement Fees will be paid in the amount of $500 per lot when the final plat for the subdivision is recorded and $500 per lot when each residential building permit is issued. (c) Road Capital Improvement Fees. The "Road Capital Improvement Fee" for all development within the Property shall be fixed at $500 per lot for the full build out of all lots within the Property. Road Capital Improvement Fees will be paid in the amount of $500 per lot when each residential building permit is issued. (d) Park Fees. The "Par Fee" for all development within the Property shall be fixed at $100 per lot for the full build out of all lots within the Property. Park Fees will be paid in the amount of $100 per lot when each residential building permit is issued. In addition to Park Fees, Developer shall provide open space according to the terms of Section 5 of this Agreement. (e) Escrow Account. All Water Capital Improvement Fees and Wastewater Capital Improvement Fees paid pursuant to the terms of this Agreement shall be deposited into an escrow account (the "Escrow Account"). The Escrow Account shall be established by the City and shall be used only to pay costs associated with design, construction, and inspection of the Public Improvements, including interest and financial administration costs incurred as a result of loans required to fiend the Public Improvements. Upon written request of Developer, the City shall submit to Developer an accounting of all funds paid from the Escrow Account, including copies of invoices paid and checks issued in payment of such invoices. 2 010132.00069,758307.07 (f) Fee Limitations. The obligation of Developer to pay the Developer Fees as required by this Agreement shall constitute the sole and exclusive obligation of Developer with respect to payment of the costs and expenses related to the design and construction of the Public Improvements. The City has the obligation to pay the amount by which the actual costs and expenses to design and construct the Public Improvements exceeds the Developer Fees. The City agrees that upon payment of the Development Fees, Developer shall have no further obligations with respect to the costs or expenses of the Public Improvements and that the City shall not condition the issuance of any development permits upon the payment by Developer of any additional amounts. The City further agrees (pursuant to the authority of Section 380 of the Texas Local Government Code), that to the extent capital improvement fees or any other form of capital recovery fees or charges are assessed and collected against the Property, the City shall rebate to the Developer such additional fees or charges. 2. WATER (a) Deveioper Obli a��tions. Developer will be responsible for all on -site water improvements required to serve the Property. Developer will have no obligations with respect to off=site water improvements other than the payment of the Water Capital Improvement Fees described above. Since Developer is constructing all on -site water improvements, the City will not charge water tap or capital improvement fees associated with such water improvements, except those Water Capital Improvement Fees described in this Agreement. At Developer's option, Developer shall install water meters and associated appurtenances, to be furnished by the City at cost plus 10%, to serve each lot within the Single Family Development or shall pay the City a meter installation fee of $200 at the time of issuance of building permits in which case the City shall be responsible For meter installation. If any additional tap fees or capital improvement fees, or any increases in the meter installation fee (beyond the $200 per meter), are imposed by the City on the Property, the City shall promptly refund to Developer all such capital improvement fees, tap fees, and increases in the meter installation fees that are paid. (b) City Obligations. The City agrees to provide potable water to serve the Property in an amount, quality, and quantity to meet Texas Commission on Environmental Quaiity ("TCEO") and Texas Department of Insurance standards. The City will be responsible for such water supply to the Single Family Development as long as the Property is part of the City. 3. SANITARY SEWER (a) Developer Obligations. Developer will be responsible for all on -site wastewater improvements required to serve the Property. Developer will have no obligations with respect to off -site wastewater improvements other than the payment of the Wastewater Capital Improvement Fees described above. 010132.00069:75830'1.07 Since Developer is constructing all on -site wastewater improvements, the City will not charge sanitary sewer tap or wastewater capital improvement fees, except the Wastewater Capital Improvement Fees described in this Agreement. If additional tap fees or capital improvement fees are imposed by the City on the Property, the City shall promptly refund to Developer all such tap fees or capital improvement fees. (b) City Obli ag bons. (i) Sewer Lines. The City shall allow Developer to utilize the sewer line from the Property to both planned Throckmorton Creek lift stations. (ii) Reservation of Additional Permanent Wastewater Treatment Cam. The City agrees to construct or cause to be constructed additional permanent wastewater treatment capacity adequate to serve the Single Family Development, which additional capacity (the 'Additional Capacity") will be at least 500,000 gallons per day. The City has applied for a new discharge permit from TCEQ that will include the Additional Capacity, and the City will use all reasonable efforts to cause the new permit to be finally approved by TCEQ as soon as possible. The City represents and warrants that funds for the construction of the Additional Capacity are currently available and have been dedicated for such purpose. The City will use all reasonable efforts to (a) award a contract for construction of the Additional Capacity within 30 days after the Effective Date of this Agreement and (b) complete construction of the Additional Capacity no later than December 31, 2003. The Additional Capacity shall be reserved for the Property for a period ending five years from filing of the final plat at the Collin County Clerk's office of the last phase of the Single Family Development. (iii) Reservation of Temporary Wastewater Treatment Capacity. Until such time as the Additional Capacity is available, the City agrees that wastewater flows from the Property will be treated by the City's existing wastewater treatment plant. In connection with the use of such existing capacity, Developer shall have the right to construct, as part of the Public Improvements that are eligible for reimbursement under this Agreement, an extension of an existing wastewater force main through which wastewater from the Property will flow to the City's existing treatment plant. 4. ROADS. Developer will be responsible for all on -site road construction required to serve the Single Family Development, which will include a 37-foot collector and 27-foot back-to-back rolled or mountable curb and gutter concrete pavement as shown on the preliminary plat filed with the City on February 25, 2003, and described on the attached Exhibit D. In addition, Developer will dedicate a 40-foot wide right-of-way for C.R. 367 along the perimeter of the Property. Developer will have no obligations with respect to off -site road improvements other than the perimeter road dedication along C.R. 367 and the payment of the Road Capital Improvement Fees described above. 5. OPEN SPACE. Developer shall dedicate for public use and maintenance that open space between the east line of the SCS easement recorded at Volume 547, Page 67, of the Collin County Real Property Records 010132.00069:T5830T.not and the centerline of Throckmorton Creek (the "wen Space"). The Open Space will be dedicated when the final plat for the subdivision is recorded. Other than the Open Space dedication and payment of the Park Fees, Developer will have no obligations with respect to off - site open space and/or parkland improvements. 6. CONSTRUCTION OF PUBLIC IMPROVEMENTS. (a} Design and Construction. The City shall design and construct all Public Improvements consistent with the City's subdivision regulations and generally accepted engineering practices. If the City fails to timely perform its obligations under this Agreement with respect to the design and construction of the Public Improvements, then (i) upon Developer's written notice thereof to the City, the City's right to obtain draws from the Escrow Account shall cease and terminate, (ii) the then remaining funds in the Escrow Account shall be immediately returned to Developer (or the owner who paid the funds in question into the Escrow Account), and, (iii) Developer shall have the right (in addition to its other rights and remedies), but not the obligation, to perform the City's obligations that it has so failed to perform on behalf of and for the account of the City. If Developer elects to pursue its self-help remedy under clause (iii) of the immediately preceding sentence, then the City shall pay to Developer on demand all amounts expended by Developer in performing such obligations on behalf of the City, together with interest thereon at the maximum non -usurious rate permitted by applicable law, from the time such amounts are expended by Developer until Developer is reimbursed therefor by the City, provided that the City has approved (which approval shall not be unreasonably withheld) the contractor for the project along with the plans and specifications. (b) Condemnation. Developer agrees to use reasonable efforts to obtain all third -part right-of-way, if any, required for the Public Improvements. If, however, Developer is unable to obtain such thir&party right -of --way, the City agrees to secure such right-o&way (subject to city council authorization) through the use of the City's power of condemnation. Developer shall be responsible for all reasonable and direct costs and expenses paid or incurred by the City in the exercise of its condemnation powers and shall escrow with a third party the City's reasonable estimated costs and expenses as funds are needed by the City (but in no event later than the date the City files a petition for condemnation with the appropriate County Court at Law). Developer shall have the right, but not the obligation, to manage, on behalf of the City, the expenditure of such escrowed funds including, but not limited to, the selection and payment of appraisers. Developer may select attorneys for condemnation if agreed to by the City Attorney, provided however that in such event the City Attorney shall monitor and approve the activities of Developer's selected attorney. The City will use all reasonable efforts to expedite such condemnation procedures so that the Public Improvements can be constructed as soon as possible. If the City's costs and expenses exceed the amount of escrowed funds, Developer shall deposit additional funds within 10 days after written notice from the City. Any unused escrow funds will be refunded to Developer with 10 days after any condemnation award becomes final and nonappealable. Nothing in this Section 6(b) 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 monitor and control the activities of Developer in accordance with the laws of the State of Texas. 5 010132.00069:75$307,07 (c) Reimbursement Amount. The City ackmowledges and agrees that Developer, at Developer's option, may design and construct all or any portion of the Public Improvements through cost sharing agreements with participating developments provided the City has not initiated construction of such Public Improvements. The City also acknowledges and agrees that Developer shall be entitled to be reimbursed for certain costs and expenses paid or incurred by Developer in connection with the design and construction of such Public Improvements which shall be deemed to include, but not be limited to, costs and expenses paid or incurred for or in connection with (i) third -party right -of --way and right -of --way acquisition, (ii) design, (iii) engineering, (iv) construction management, (v) legal, (vi) all review and inspection fees paid to the City, and (vii) all similar costs and expenses paid or incurred by Developer (collectively, the "Reimbursement Amount"). The Reimbursement Amount will be adjusted to reflect actual costs and expenses when the Public Improvements have been completed, approved by the City Engineer or his agent and accepted by the City and when all the eligible costs and expenses that are deemed by this Agreement to be included as part of the Reimbursement Amount have been finally determined. (d) Source of Developer Reimbursement. Developer is entitled to reimbursement of the finally adjusted Reimbursement Amount from the following sources, but only to the extent needed for such reimbursement: (i) first, in the form of a credit to Developer against the $1,000 per lot Water Capital Improvement Fees and Wastewater Capital Improvement Fees due at the time of final plat recordation; (ii) second, in the form of a payment to Developer from funds deposited in the Escrow Account; (in) third, in the form of a payment to Developer from the $1,000 per lot Water Capital Improvement Fees and Wastewater Capital Improvement Fees collected from builders at the time building permits are issued; and (iv) fourth, in the form of payments to Developer from amounts collected from other owners, developers, or builders who, at any time in the future, tap into or indirectly use the Public Improvements, whether such payments take the form of pro mta payments, capital improvement fees, or any other form of capital recovery. Payments by the City to Developer shall be made within 30 days after the amounts have been collected by the City. Notwithstanding the foregoing, however, Developer is not entitled to be reimbursed in excess of the finally adjusted Reimbursement Amount. To the extent the sources of reimbursement set forth in clauses "(i)", "(ii)", "(iii)" and "(iv)" above exceed the finally adjusted Reimbursement Amount, such excess shall accrue to the benefit of the City and shall be retained by the City for construction or payment of additional wastewater treatment capacity. 7. CONSTRUCTION OF PROJECT IMPROVEMENTS. If the City desires to employ an engineer and/or other qualified persons) to provide inspection of the construction of on -site sanitary sewer lines, water lines, drainage facilities and public roads situated within the Single Family Development (collectively, the "Project Improvements"), the City may do so. Developer shall pay to the City an inspection fee of three percent (3%) of total "hard costs" of construction of the Project Improvements (specifically excluding design and engineer ing ng expenses and expenses related to obtaining easements or rights of way). Upon completion of the Project Improvements, Developer will certify to the City the total "hard costs" of all construction. Upon receipt of the certification called far herein and acceptance by the City of the Project Improvements, Developer shall pay the inspection fee and convey to the 0 010132.000G9:'758307.07 City Developer's right, title, and interest in all public Project Improvements, free and clear of any and all liens and. monetary encumbrances, and the City shall take over and assume full responsibility for the operation and maintenance of the improvements. Developer agrees to transfer any and all of its right, title, and interest in the Project Improvements to the City at the time the City takes over the operation and maintenance of such public Project Improvements. 8. EFFECTIVE DATE. Notwithstanding anything to the contrary contained herein, this Agreement shall be effective only upon the satisfaction of each of the following conditions. (a) the approval of this Agreement by the City Council of the City such that it is the binding and enforceable obligation of the City; and (b) the acquisition of the Property by Developer or its assignee under the Contract. The date on which the last of the foregoing conditions is satisfied is called the "Effective Date". Developer shall advise the City as to the date of acquisition of the Property by Developer or its assignee. 9. RELEASE. Upon the full and final satisfaction by the City and Developer of all their respective obligations and covenants under this Agreement, the City and Developer shall execute a release of this Agreement (in recordable form) terminating this Agreement as to the portion of the Property in question and fully releasing the City and Developer, their successors and assigns, from any further obligations or covenants hereunder relating to the portion of the Property being released. The release contemplated by this Section 9 shall, at Developer's request, be effective with respect to a specific phase of the Single Family Development, as applicable, upon final satisfaction by the City and Developer of their respective obligations with respect to such phase of the Property. 10. SUCCESSORS AND ASSIGNS. All obligations and covenants of Developer under this Agreement shall constitute covenants mining with the land, and shall bind Developer and each successive owner of all or any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. Without limiting the generality of the foregoing: (a) Developer may assign this Agreement to the party to whom Developer assigns its rights as purchaser under the Contract; and (b) Developer as well as any successor owner of all or a portion of the Property who is bound by this Agreement (Developer or any such successor owner is referred to herein as the "Owner") may assign this Agreement either in its entirety (if the assignee is to own all of the Property) or in part (if the assignee is to own only a portion of the Property) and in such event (i) the Owner conveying such portion of the Property shall be automatically released from the obligations of "Developer" as to all or a portion of the Property ,as applicable), and (ii) the assignee to whom this Agreement is so assigned in whole or in part shall be deemed to have assumed the obligations of "Developer" as to the portion of the Property which is owned by such assignee. In the event of any partial assignment of this Agreement, then notwithstanding anything to the contrary contained herein, the obligations of Developer under 7 010132.000b9:'i58307.07 this Agreement shall be the several (and not the joint and several) obligations of each such Developer. The terms and provisions of this Agreement shall otherwise bind and inure to the benefit of the City, Developer and their respective successors and assigns. Each person signing this Agreement represents and warrants that (i) he/she has the authority to enter into this Agreement on behalf of (and to bind) the party on whose behalf such person is signing this Agreement, and (ii) no further authorization or consent from anyone else is necessary to make this Agreement the binding obligation of the party on whose behalf such person is signing this Agreement. 11. COMPLETE AGREEMENT. This Agreement embodies the entire Agreement between the parries hereto and cannot be varied or terminated except by the written agreement of the parties. The City acknowledges the terms of this agreement have been adopted pursuant to Texas Local Government Code Section 380.001. If any provision of this Agreement is illegal, invalid, or unenforceable, then the remainder of this Agreement shall not be affected, and there shall be added as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. 12. COUNTERPARTS. This Agreement may be separately executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed shall be deemed to constitute one and the same agreement. IN WITNESS WI-IER.EOF, the City and Developer have executed this Agreement to be effective as of the Effective Date. By. Narne: Title: Managing Venturer CITY OF ANNA, TEXAS Mayor 010132,00069:758307 A7 1/: E�hi'bit A -Page l 010132.0�►9:758307.01 Property Descriptions Exlu'bi# B —Page 1 010 t 32.00069:158307.07 ii: public Tm rovements Exivl�it C -Page 1 010132.00069.158347.0 �7 EXrIIBIT D On -Site Roads Exhibit D -Page 1 010132.00069:T5830T.0T EXHIBIT 3 CITY OF ANNA, TEXAS RESOLUTION NO. 2013-08-09 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES. WHEREAS, it is in the best interest of the City and Private Developers in order to provide for orderly development to make subdivision improvement agreements; and WHEREAS, during the course of construction City Staff has identified a need to upgrade a water line, and; WHEREAS, the difference in cost of water line between 8 inch and 12 inch for a distance of 744 linear feet should not exceed $14,453.78, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Subdivision improvement agreement The City Council hereby authorizes the City Manager's to execute all documents in regard to the Subdivision Improvement Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13W'` An oI August, 2013. ATTEST: Wilkison, City Secretary RES. 2013-08-09 Subdlvislon Improvement AgreementW-LGI Homes-Oal< Hollow Phase 6 PAGE 1 OF 1 08-13-13 SUBDIVISION IMPROVEMENTAGREEMENT This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home -rule municipality (the "City") and LGI Homes -Oak Hollow Phase 6, LLC, a Delaware Company ("Owner"). The term "Owner" includes all owners of the Property, and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Agreement. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement, and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 28.7 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately orjointly described in the attached Exhibit A; and, WHEREAS, the City has previously approved an agreement related to the Development of the Property (the "Facilities Agreement") attached hereto as Exhibit B; and, WHEREAS, the City and Owner desire to amend said Facilities Agreement as it relates to the Property and certain Water Faces to -be constructed by Owner and certain Water Capital Improvement Fees to be paid to the City; and, WHEREAS, Owner represents and warrants to the City that at least insofar as relates to the Property, Owner has acquired through purchase, assignment, or otherwise all of the rights, benefits, and obligations of "Developer" as set forth in Section 10 of the Facilities Agreement and that with respect to said Facilities Agreement as relates to the Property, only Owner and no other person or entity is: (1) entitled to all of the rights and benefits thereto; and (2) bound to perform all of the obligations arising thereunder; and, WHEREAS, the foregoing paragraph is a material representation and warranty by Owner without which the City would not have entered into this Agreement; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Owner's development of the Property; SUBDIVISION IMPROVEMENT AGREEMENT Page 1 1 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. ��x«�li[�1►��»II�il�l:t+� Citv Code means The Anna City Code of Ordinances. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. ,Development means the new residential development on the Property that is the subject of this Agreement. Public Imorovement(s) means the Water Facilities. Water Capital ImLrovement Fees means the development fees described in Section 1(a) of the Facilities Agreement; to the extent such fees relate to or are applicable to Development of the Property. Water Facilities means the CR 367 Water Line to be constructed by Owner as described and depicted in .Exhibit C. attached hereto, and in accordance with design/construction plans to be approved by the City. SECTION 3 GENERAL PROVISIONS (a) ,Facilities Agreement Amended; The Parties agree that the Facilities Agreement attached hereto as,Exhibit B is hereby amended to the extent necessary to incorporate in the Facilities Agreement the Parties' obligations in Section 4 of this Agreement. To the extent of any conflict between this Agreement and the Facilities Agreement, this Agreement shall govern. (b) ,Performance Bond. Payment Bond and Other Security. For each construction contract for any part of the Water Facilities, Owner or Owner's contractor must execute a performance 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 any part of the Water Facilities, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which SUBDIVISION IMPROVEMENT AGREEMENT Page 12 may become necessary to any part of the construction work performed in connection witli tine Water Facilities, arising from defective wort<mansliip or materials used therein, for a full period of two years from the date of final acceptance of the Water Facilities constructed under such contract. (c) Acceptance of Public Improvements and Withholding of Services. It shall not be a breach or violation of the Agreement if the City withholds City services of any type that it is obligated to provide under this Agreement or otherwise obligated to provide until the required Water Facilities are properly constructed according to the approved engineering plans and City Regulations, and until such Water Facilities are dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Water Facilities, such improvements and dedications shall be owned and maintained (subject to the maintenance bond requirement) by the City. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance of the terms of this Agreement. This Agreement does not waive any rights or immunities otherwise existing under law unless expressly set forth herein and the Parties understand and agree that this Agreement is not one for the provision of goods or services to the City by Owner or any other person. (d) Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or representative, of any plans, designs or specifications submitted by Owner pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Owner, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Owner's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. (e) Insurance. Owner or its contractors) shall acquire and maintain, during the period of time when any of the Public Improvements are under construction (and until the full and final completion of the Public Improvements and acceptance thereof by the City: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00, whichever is greater. Coverage must be on an "per occurrence" basis. Such insurance shall also cover any and all claims which might arise out of the Public Improvement construction contracts, whether by Owner, a contractor, subcontractor, material man, or otherwise. All such insurance shall: (i) be issued by a carrier which is rated "A-1 " or better by A. M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 construction contracts. Owner shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (f) .Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF OWNER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE PUBLIC IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT, THE OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT TO THE EXTENT SUCH CLAIMS OR SUITS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE ON OWNER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WJTH OWNERSHIP OF THE PROPERTY OR ASSIGNMENT.OF THE FACILITIES AGREEMENT. (g) .Relationship of Parties. At no time shall the city have any control over or charge of the Owner's design, construction or installation of any of the public improvements that are the subject of this agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. There is no joint enterprise between the City and Owner. SECTION 4 WATER FACILITIES (a) Owner Obligations. Within two (2) years of the Effective Date, Owner agrees to complete in a good and workmanlike manner construction of the Water Facilities. If Owner fails to fully complete construction of the Water Facilities in said manner within two years of the Effective Date of this Agreement, then the City's obligations under Section 4(b) shall terminate and Owner shall not be entitled to the credit described therein. (b) City Obligations. City agrees that the Water Capital Improvement Fees owed to the City by Owner when the final plat of the subdivision of the Property is recorded, as described in SUBDIVISION IMPROVEMENT AGREEMENT Page j 4 Section 1(a) of the Facilities Agreement, shall be partially credited in the amount of $141453.78. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed same. SECTION 6 SUCCESSORS AND ASSIGNS a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. b) Without limiting the generality of the foregoing, and except as otherwise provided in this paragraph. Owner has the right (from time to time upon delivery of 21 days' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Notwithstanding the foregoing. Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 6(b) that such Assignee fails to satisfy the City's financial and performance criteria. If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, SUBDIVISION IMPROVEMENT AGREEMENT Page 15 however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. SECTION 7 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect, (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: LGI Homes -Oak Hollow Phase 6, LLC 1450 Lake Robbins Drive Suite 430 The Woodlands, Texas 77380 (c) .Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas, SUBDIVISION IMPROVEMENT AGREEMENT Page � 6 (e) oeveraWlIlLy. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) ,Consideration; This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) ,Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) ,Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the property, may be recorded in the Collin County property records, and runs with the land. (I) ,Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT Page � 7 LGI Homes - Oak Hollow Phase 6, L.L. a Delaware limited liability company By: LGI-GTIS Holdings IV, LLC, a Delaware limited liability company, its sole Manager By: LGI Homes Group, LLC, a Texas limited liability company, its ManagingJ/lember By' d EricT. Lion IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Ni6nfi I § anager Before me, the undersigned notary public, on the / 2 - ^ day of IgI�P/�f, � '•, 2013, personally appeared Eric T. Lipar, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Manager of LGI Homes Group, LLC, in its capacity as Managing Member of LGI- GTIS Holdings IV, LLC, in its capacity as sole Manager of LGI Homes - Oak Hollow Phase 6, LLC. <�r"t��;`? ;ntD2A Lei r`dER r M. s -n xpi Fs Agri! i 7. 201 sf Notary Public, State of T SUBDIVISION IMPROVEMENT AGREEMENT Page 18 CITY OF ANNA r Byqt -.�— Phjjip Sandej^s, City Manager Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ^;.-f d a y of fc—Sf 12013J fc personally appeared Philip Sanders, known to me (or proved to me) to be he p� erson whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. Natha J Wilkison My Commission Expires i i/13/2013 No/t/ry Public, Stare of Texas G !i SUBDIVISION IMPROVEMENT AGREEMENT Page 19 ATTACHMENTS Exhibit A -The Property (legal description and survey drawing) Exhibit B -Facilities Agreement Exhibit C -Water Facilities SUBDIVISION IMPROVEMENT AGREEMENT Page (10 III IP a3a 3 aa+ aaag: as:a a aaaa : fill V,IN il��i ail rll��llil i rllll��iril ����� a .a twoWE R1I -" F7.. �� 1,+4• Cii!! bx c�ifK*ij ti YtY N v ii'=`' Cts; cem.._.,., �m;,,;�Ilil117i lllllll��llilllllllllllll�il�ll�li�l unll� 11M xv �. • Il�id11,�"""r"'rl� fir.. z.ON t 'Vitt !ii�l PELO70N AFINAL PLAT ti N .i � "I' LAND SOtVTIONS OF OAK HOLLOW ESTATES, P�1ASE 6 40151-I1,AlOT IX StOIX a; 40t51-i), tO,S IS -]I, MDO< 6, LDiS 15-at. 400c ii 40i5 ID-aa. Et001 40t5 D.00< N A4 ADDMN TD TI£ OTY A�W CT ��U �M/,arIH �Aitt TEXAS BKf1AT TEAM 41P1EY. .aer 4r�farol �a : :� WTE 013&1J ,�ISIA`15� LEGAL DESCRIPTION BEING a tract of land situated in the Thonnas Rattan Survey, Abstract No. 782, and in the Henry Smith Survey, Abstract No. 823, both in Collin County, Texas and being a portion of that tract of land described in a Deed to ANNA 96 JOINT VENTURE, as recorded in Document Nc 2006000692110 of the Deed Records of Collin County, Texas, said tract being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found at the southwest corner of Lot 12, Block B, Oak Hollow Estati Phase 5, an addition to the City of Anna, Collin County, Texas as recorded in Cabinet P, Page 966, of the Plat Records of Collin County, Texas, said point being in the easterly line of Common Area No. 1 as shown on said Plat; THENCE NigAiS'SS't (previously recorded as N20"32'11"E) along the easterly line of said Common Area No. 1 and the west line of said Lot 12, 55,51 feet to an iron rod found for the northwest corner of Lot 12 and being the northeasterly corner of said Common Area No, 1; THENCE S89"'52'34"W (previously recorded as N89"36'40"W) along the north" line of said Common Area No. 1 76,03 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set for the northwest corner of said Common Area No. 1, and being the northeast corner of said ANNA 96 JOINT VENTURE tract and being called for as being in the approximote centerline of a creek on said Plat of Oak Hollow Estates, and being the POINT OF BEGINNING; THENCE along the west line of said Common Area No. 1, and along the east line of said ANNA 96 JOINT VENTURE tract and along the approximate centerline of said creek as called for in said Plot of Oak Hollow Estates the following bearings and distance all of which have been rotated 01"13'16" counter clockwise from the beorings previously recorded on said Plat: S 25"11'43"E, 29.76 feet; S 05114801611W, 21,01 feet; S 191124'34"W, 65,39 feet; S 401108140"W, 23.60 feet; S 023'47'29"E, 13,38 feet; S 52A31'10"E, 15,75 feet; S 221146'16"E, 16,47 feet; S 271118124"W1 29,10 feet; S W 41'16"W, 74.80 feet; S 3211102103"W, 51,03 feet; S 139�43'27"W, 33,11 feet; S 00"0510511W, 49,65 feet; S 10"06'S8"E, 37.36 feet; S 28"06'46"E, 32,36 feet; S 24"'44'06"W, 50.46 feet; S 67110314616W, 29.94 feet; N 631142'25"W, 21,77 feet; N 16"11'59"W, 22,59 feet; N 8311150102"W, 32,85 feet; S 60"51'43"W, 33,08 feet; 5 29"05135"W, 46,53 feet; S 03A51'24"W, 78,37 feet; S 321143138"E, 62,73 feet; S 090-52'59"W, 9,55 feet; S 54"28'37"W, 39,37 feet; S 121148112"W, 11,60 feet; S 14"59'14"E, 30,51 feet; S 17"36147"W, 8,08 feet; S 60'A19'05"W, 21.40 feet; S 37"45'30"W, 25,87 feet; S 00"1015111E, 27.18 feet; S 581137107"E, 49,14 feet; S 23"50138"E, 37,65 feet; S 10"00'39"W, 67,63 feet; S 781137140"W, 31.34 feet; S 72"23'02"W1 36.27 feet; S 57'A43'49"W, 47,69 feet; S 301-22'00"W, 13.51 feet; S 02"2014811E, 30,79 feet; S 32"3115161W, 89.98 feet; S 2703132'45"E1 30,67 feet; S 781152138"E, 64.81 feet; S AOA50'5A AE 49.23 feet; S 02149'20"W1 45.99 feet; S 53"135105"W, 50,95 feet; S 051-22151"E3 11,76 feet; S 22"13157"W, 61.32 feet; S 08"156'29"E, 15,57 feet; S 38"157'15"E, 20.59 feet; S 111"11026"E, 12,07 feet; S 19"144'48"W, 88.47 feet; S 00"09'06"E, 50,55 feet; S 32'-449404"E, 62.23 feet; S 221"47131"E, 18,74 feet; and S 011A15'32"E, 19.35 feet to a PK nail set in the approximate center line of County Road No. 367; THENCE along the said approximate center line of County Rood No. 367 the following courses and distances; S 88"15411016W, 27.20 feet to a PK nail set; S 88"59110"W, 646.60 feet to a PK nail set; THENCE, leaving the said approximate center line of County Road No. 367 and across said ANNA 96 JOINT VENTURE tract the following courses and distances: 1\101"13003"W, 797.25 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; S88"46157"W1 10,18 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; N011113103"W, 145.00 feet to 0 5/8 inch iron rod with cap stamped "PELOTON" set; S88114615711W, 42.16 feet to 0 5/8 inch iron rod with cop stamped "PELOTOt\l" set; N0VA13'03"W, 290,00 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; N881"46156"E, 4,10 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; N0111'13103"W, 145.00 feet to a 5/8 inch iron rod with cop stamped "PELOTON" set; 888A46'57"W, 1.61 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; THENCE N01"1310311W, 146.16 feet to a 5/8 inch Iron rod with cap stamped "PELOTON" set in the said north line of said ANNA 96 JOINT VENTURE tract; THENCE N88A45'26"E, along said north line and generally along said fence line (previously recorded as N89A59'E) 2.91 feet to an iron rod found; THENCE N88'A36'22"E, along said north line and generolty along said fence line (previously recorded as N89"33'E, 263.27') 263.68 feet to on iron rod found for the southwest corner of Lot 64, Block T, Oak Hollow Estates, Phase 4, as recorded in Volume 2006, Page 586 of the Plat Records of Collin County, Texas; THENCE N88"52'33"E, (previously recorded as N89'~36'E, 354.47') 354,38 feet along said north line and along the south line of said Oak Hollow Estates to a 5/8 inch iron rod with cop stamped "PELOTON" set for the southwest corner of Lot 11 Block U, Oak Hollow Estates, Phase 3, as recorded in Cabinet P, Page 252, Plot Records CoHin County, Texas; THENCE N 89'�05'22"E, (previously recorded os N89'�57'E, 352.85') along said north line and along the south tine of said Oak Hollow Estates, Phase 3, 352,40 feet to and iron rod found; THENCE NOO"41'30"E, (previously recorded as N00"54'E) 30,29 feet along said north line and along the south line of said plat to an iron rod found; Thence N89'~52'34"E, 135.87 feet (previously recorded as S89'-25'E) along said north line and the south line of said plot to the POINT OE BEGINNING, and containing 1,250,228 sguare at, or 28.701 acres of land, more or less. EXHIBIT B TO SUBDIVISION IMPROVEMENT AGREEMENT ANNA 96 FACILITIES AGREEMENT THIS FACILITffiS AGREEMENT (this "Aa�nent'� is entered into as of the Effective Date (hereinafter defined) by and between the CITY OF AMNA, TEXAS, a municipal corporation, existing under the laws of the State of Texas (the "GOO. and ANNA 96 JOINT VENTURE and/or its assigns (collectively,'T)eveloper"). RECITALS: A. Developer desires to develop a tract of land located within the City and consisting of approximately 96.085 acres commonly known as the Chee tract (the "Property"), which tract is illustrated on the attached Exhibit A and described by metes and bounds on the attached Exhibit R Developer has a right to purchase the Property pursuant to a contract of sale between MML Partners, L.P., as seller, and Developer as purchaser dated J me 21, 2002 (as may be amended, the "Contract" ). he "Single Family Development"), C. On January 2$, 2003, the City annexed the Property pursuant to Ordunance No. 49 2003, and rezoned it as Planned Development, pursuantto Ordnance Nd. 502003, to include development rights that are consistent with the proposed Single Family Development. � D. Development of the Property requires the construction of water and sanitary sewer improvements including the following off -site improvements (collectively, the "Public Improvements' ): (i) a gravity sewer line from FM 455 to C.R. 367, commonly lunovra as the Throclunorton line; (ii) a force main and two lift stations along C.R. 367 connecting the Throdkmorton line to the existing wastewater treatment plant; (iii) any water supply improvements required to serve the Single Family Development; and (iv) any wastewater treatment plant expansion required to serve the Single Family Development. A portion of the proposed Public Improvements are more particularly described on Exhibit C attached hereto and made a part hereof The Public Improvements are needed to serve the Property as well as other nearby properly. E. The City desires to construct the Public Improvements. ff the City is unable to complete design and constmction of the Public Improvements on a schedule consistent with the Single Family Development schedule, Developer is willing to cause such Public Improvements to be connshucted upon the condition that all costs paid or inexirred by Developer and others for such Public Improvements are reimbursed from fees paid (or credits for said fees) to the City in connection with the development of the property benefited by such Public Improvements. F. The Property is adjacent to C.R. 367; therefore, Developer is not required to design or conshuct arry thoroughfares or arterials adjacent bo the Property, The Property does not include any major thoroughfares or arterials shown on the City's Thoroughfare Plan, therefore, Developer is not required to design or construct any thoroughfares or arterials within the Property, 1 010132.000G9:758307.07 fd Developer 1 the City desire to set forth their respectiveobligations with res1 1 development e..o of the Property 1 design ' t construction of the Public 1 1 1. 1 ' the obligation of Developer t1 pay certami capital f 1 d1 1 i 1 Developer I 1 I to be reimbursed 1 costs l providing i Public _ NOW, THEREFORE, in consideration of the premiers and the mutual covenants contained in this Agreement, the City and Developer agree as follows: 1. DEVELOPMENT FEES. inproveme fees, road capital hinprovement fees and 1ark fees (collectively, 1 :M'.. shall apply1 the development of the Property.Developer -' agrees to pay to the City the 3evelopment Fees to Insure that the Public 1 1 1. are available1 provide 1 Military sewer service 1 the SingleDevelopment (a) Water Capital Improvement Fees. The "Water Capital Lnprovement Fee" for all development within the Property shall be fixed at $1,000 per lot for the full build out of all lots within the Property. Water Capital Improvement Fees will be paid in the amount of $500 per lot when the final plat for the subdivision is recorded and $500 per lot when each residential building permit is issued. (b) Wastewater Capital Improvement Fees. The "Wastewater Capital Improvement Fee" for } all development within the Property shall be fixed at $1,000 per lot for the full build out of all lots within the Property. Wastewater Capital Improvement Fees will be paid in the amount of $500 per lot when the final plat for the subdivision is recorded and $500 per lot when each residential building permit is issued. (c) Road Capital Improvement Fees. The "Road Capital Improvement Fee" for all develoFall ent wn the Properly shall be fixed at $500 per lot for the full build out of all lots within the Property. Road Capital Improvement Fees will be paid in the amount of $500 per lot when each residential building permit is issued. (d) Park Fees. The "Park Fee" for all development within the Property shall be fixed at $100 per lot for the full build out of all lots within the Properly. Park Fees will be paid in the ainolint of $100 per lot when each residential building permit is issued. In addition to Park Fees, Developer shall provide open space according to the terms of Section 5 of this Agreement, (e) Escrow Account. All Water Capital Improvement Fees and Wastewater Capital Improvement Fees paid pursuant to the teams of this Agreement shall be deposited 'into an escrow account (the "Escrow Account"5. The Escrow Account shall be established by the City and shall be used only to pay costs associated with design, construction, and inspection of the Public Improvements, including interest and financial administration costs incurred as a result of loans required to fund the Public Improvements. Upon written request of Developer, the City shall submit to Developer an accounting of all funds paid ft'om the Escrow Account, including copies of invoices paid and checks issued in payment of such invoices. 2 010132,000b9:758307.07 (f) Fee Limitations. The obligation of Developer to pay the Developer Fees as required by this Agreement shall constitute the sole and exclusive obligation of Developer with respect to payment of the costs and expenses related to the design and construction of the Public Improvements. The City has the obligation to pay the amount by which the actual costs and expenses to design and construct the Public Improvements exceeds the Developer Fees. The City agrees that upon payment of the Development Fees, Developer shall have no further obligations with respect to the costs or expenses of the Public Improvements and that the City shall not condition the issuance of any development permits upon the payment by Developer of any additional amounts. The City further agrees (pursuant to the authority of Section 380 of the Texas Local Government Code), that to the extent capital improvement fees or any other form of capital recovery fees or charges are assessed and collected against the Property, the City shall rebate to the Developer such additional fees or charges. 2. WATER. (a) Developer Obli ag tions. Developer will be responsible for all on -site water• improvements required to serve the Property. Developer will have no obligations with respect to off -site water improvements other than the payment ofthe Water Capital Improvement Fees described above, Since Developer is constructing all on -site water improvements, the City will not charge water tap or capital improvement fees associated with such water kiprovements, except those Water Capital Improvement Fees described in this Agreement. At Developer's option, Developer shall install water meters and associated appurtenances, to be furnished by the City at cost plus 10%, to serve each lot within the Single Family Development or shall pay the City a meter installation fee of$200 at the time of issuance of building permits in which case the City shall be responsible for meter installation. If any additional tap fees or capital improvement fees, or any increases in the meter installation fee (beyond the $200 per meter), are imposed by the City on the Property, the City shall promptly refund to Developer all such capital improvement fees, tap fees, and increases in the meter installation fees that are paid. (b) .City Obli atg ions. The City agrees to provide potable water• to serve the Property in an amoimt, quality, and quantity to meet Texas Commission on Environmental Quality ("TCBO") and Texas Department of Insurance standards, The City will be responsible for such water supply to the Single Family Development as long as the Property is part ofthe City 3. SANITARY SEWER. (a) Developer Obligations, Developer will be responsible for alI on -site wastewater improvements required to serve the Property. Developer will have no obligations with respect to off -site wastewater improvements other than the payment ofthe Wastewater Capital Improvement Fees described above, 3 010132.00069:758307.07 I Since Developer is constructing all on -site wastewater improvements, the City will not charge sanitary sewer tap or wastewater capital improvement fees, except the Wastewater Capital Improvement Fees described in this Agreement. If additional tap fees or capital improvement fees are imposed by the City on the Property, the City shall promptly refttnd to Developer all such tap fees or capital improvement fees. (b) ,City Obligations. (i) Sewer Lines. The City shall allow Developer to utilize the sewer line from the Property to both planned Throckmorton Creek lift stations. (ii) Reservation of Additional Permanent Wastewater Treatment Capacity. The City agrees to construct or cause to be constructed additional permanent wastewater treatment capacity adequate to serve the Single Family Development, which additional capacity (the "Additional Capacity") will be at least 500,000 gallons per day. The City has applied for a new discharge permit from TCEQ that will;lnclude the Additional Capacity, and the City will use all reasonable efforts to cause the new permit to be finally approved by TCEQ as soon as possible. The City represents and warrants that idnds for the construction of the Additional Capacity are currently available and have been dedicated for such purpose. The City will use all reasonable efforts to (a) award a contract for construction of the Additional Capacity within 30 days after the Effective Date of this Agreement and (b) complete construction of the Additional Capacity no later than December 31,2003. The Additional Capacity shall be reserved for the Property for a period ending five years from filing ofthe final plat at the Collin County Clerk's office of the last phase ofthe Single Family Development. (iii) Reservation of Temgorar�Wastewater Treatment Capacity. Until such time as the Additional Capacity is available, the City agrees that wastewater flows from the Property will be treated by the City's existing wastewater treatment plant. In connection with the use of such existing capacity, Developer shall have the right to construct, as part of the Public Improvements that are eligible for reimbursement under this Agreement, an extension of an existing wastewater force main through which wastewater from the Property will flow to the City's existing treatment plant. 4. ROADS. Developer will be responsible for ail on -site road construction required to serve the Single Family Development, whichwill include a 37-foot collector and 27-foot back-to-back rolled or• mountable curb and gutter concrete pavement as shown on the preliminary plat filed with the City on February 25,2003, and described on the attached Exhibit D, In addition. Developer will dedicate a 40-foot wide right -of --way for C,R, 367 along the perimeter of the Property, Developer will have no obligations with respect to off -site road improvements other than the perimeter road dedication along C.R. 367 and the payment of the Road Capital Improvement Fees described above. 5. OPEN SPACE. Developer shall dedicate for public use and maintenance that open space between the east line of the SCS easement recorded at Volume 547, Page 67, of the Collin County Real Property Records 010132.00069:758307,07 l and the centerline of Throckmorton Creek (the "Open Space'). The Open Space will be dedicated when the final plat for the subdivision is recorded. Other than the Open Space dedication and payment ofthe Park Fees, Developer will have no obligations with respect to off - site open space and/or parkland improvements. 6. CONSTRUCTION OF PUBLIC IMPROVEMENTS. (a) Design and Construction. The City shall design and construct all Public Improvements consistent with the City's subdivision regulations and generally accepted engineering practices. If the City fails to timely perform its obligations imder this Agreement with respect to the design and construction of the Public Improvements, then (i) upon Developer's written notice thereofto the City, the City's right to obtain draws from the Escrow Account shall cease and terminate, (ii) the then remaining funds in the Escrow Account shall be immediately returned to Developer (or the owner who paid the funds in question into the Escrow Account), and, (iii) Developer shall have the right (in addition to its other rights and remedies), but not the obhgation, to perform the City's obligations that it has so failed to perform on behalf of and for the account of the City. If Developer elects to pursue its self-help remedy under clause (iii) of the immediately preceding sentence, then the City shall pay to Developer on demand all amounts expended by Developer in performing such obUgations on behalf of the City, together with interest thereon at the maximum non-usuiious rate permitted by appUcable law, from the time such amounts are expended by Developer until Developer is reimbursed therefor by the City, provided that the City has approved (which approval shall not be unreasonably withheld) the contractor for the project along with the plans and specifications. (b) Condemnation. Developer agrees to use reasonable efforts to obtain all third -part right -of --way, if any, required for the Public Improvements, If, however, Developer is unable to obtain such third -party right -of --way, the City agrees to secure such right -of --way (subject to city coimcil authorization) through thewuse of the City's power ofcondemnation. Developer shall be responsible for all reasonable and direct costs and expenses paid or incurred by the City in the exercise of its condemnation powers and shall escrow with a third party the City's reasonable estimated costs and expenses as funds are needed by the City (but in no event later than the date the City files a petition for condemnation with the appropriate County Court at Law). Developer shall have the right, but not the obligation, to manage, on behalf of the City, the expenditure of such escrowed fimds including, but not limited to, the selection and payment of appraisers. Developer may select attorneys for condemnation if agreed to by the City Attorney, provided however that in such event the City Attorney shall monitor and approve the activities of Developer's selected attorney. The City will use all reasonable efforts to expedite such condemnation procedures so that the Public Improvements can be constructed as soon as possible. Ifthe City's costs and expenses exceed the amount of escrowed funds, Developer shall deposit additional funds within 10 days after written notice from the City, Any unused escrow funds will be refunded to Developer with 10 days after any condemnation award becomes final and nonappealable. Nothing in this Section 6(b) is intended to constitute a delegation of the police powers or governmental authority ofthe City, and the City reserves the right, at all fimes, to monitor and control the activities of Developer in accordance with the laws of the State of Texas. S 010132.00069:75830'7.07 (c) Reimbursement Amount. The City acknowledges and a61•ees that Developer, at Developer's option, may design and construct all or any portion of the Public Improvements through cost sharing agreements with participating developments provided the City has not initiated construction of such Public Improvements, The City also acknowledges and agrees that Developer shall be entitled to be reimbursed for certain costs and expenses paid or incurred by Developer in connection with the design and construction of such Public Improvements which shall be deemed to include, but not be limited to, costs and expenses paid.or incurred for or in connection with (i) third -party right-of-way and right-of-way acquisition, (ii) design, (iii) engineering, (iv) construction management, (v) legal, (vi) all review and inspection fees paid to the City, and (vii) all similar costs and expenses paid or incurred by Developer (collectively, the "Reimbursement Amount"), The Reimbursement Amount will be adjusted to reflect actual costs and expenses when the Public Improvements have been completed, approved by the City Engineer or his agent and accepted by the City and when all the eligible costs and expenses that are deemed by this Agreement tb be included as part of the Reimbursement Amount have been finally determined. (d) Source of Developer Reimbursement. Developer is entitled to reimbursement of the finally adjusted Reimbwsement Amount firom the following sources, but only to the extent needed for such reimbursement: (i) first, in the form of credit to Developer against the $1,000 per lot Water Capital Improvement Fees and Wastewater Capital Improvement Fees due at the time of final plat recordation; (ii) second, in the form of a payment to Developer fi:om fijnds deposited in the Escrow Account; (iii) third, in the form of payment to Developer firom the $1,000 per lot Water Capital Improvement Fees and Wastewater Capital Improvement Fees collected fl-om builders at the time building permits are issued; and (iv) fourth, in the form of payments to Developer from amounts collected frrom other owners, developers, or builders who, at any time in the fiature, tap into or indirectly use the Public Improvements, whether such payments take the form of pro rata payments, capital improvement fees, or any other form of capital recovery. Payments by the City to Developer shall be made within *30 days after the amounts have been collected by the City. Notwithstanding the foregoing, however, Developer is not entitled to be reimbursed in excess of the finally adjusted Reimbursement Amount. To the extent the sources of reimbursement set forth in clauses "(i)", "(ii)"> "(iii)" and "(iv)" above exceed the finally adjusted Reimbursement Amoimt, such excess shall accrue to the benefit of the City and shall be retained by the City for construction or payment of additional wastewater treatment capacity. 7. CONSTRUCTION OF PROJECT IMPROVEMENTS. Ifthe City desires to employ an engineer and/or other qualified persons) to provide inspection of the construction of on -site sanitary sewer lines, water lines, drainage facilities and public roads situated within the Single Family Development (collectively, the "Project Improvements"), the City may do so. Developer shall pay to the City an inspection fee ofthree percent (3%) oftotal "hard costs" of construction of the Project Improvements (specifically excluding design and engineering expenses and expenses related to obtaining easements or rights of way). Upon completion ofthe Project Improvements, Developer w i l l certify to the City the total "hard costs" ofall construction. Upon receipt ofthe certification called for herein and acceptance by the City of the Project Improvements, Developer shall pay the inspection fee and convey to the C� 010132.00069;758307.07 i City Developer's right, title, and interest in all public Project Improvements, free and clear of any and all liens and monetary encumbrances, and the City shall take over and assume full responsibility for the operation and maintenance of the improvements. Developer agrees to transfer any and all of its right, title, and interest in the Project Improvements to the City at the time the City takes over the operation and maintenance of such public Project Improvements. 8. EFFECTIVE DATE. Notwithstanding anything to the contrary contained herein, this Agreement shall be effective only upon the satisfaction of each ofthe following conditions; (a) the approval ofthis Agreement by the City Council ofthe City such that it is the binding and enforceable obUgation ofthe City; and (b) the acquisition of the Property by Developer or its assignee under the Contract, The date on which the last of the foregoing conditions is satisfied is called the "Effective Date". Developer shall advise the City as to the date of acquisition of the Property by Developer or its assignee. 9. RELEASE,. Upon the full and final satisfaction by the City and Developer of all their respective obligations and covenants under this Agreement, the City and Developer shall execute a release of this Agreement (in recordable form) terminating this Agreement as to the portion of the Property in question and fully releasing the City and Developer, their successors and assigns, from any ftirther obUgations or covenants hereunder relating to the portion of the Property being released. } The release contemplated by this Section 9 shall, at Developer's request, be effective with respect to a specific phase of the Single Family Development, as applicable, upon final satisfaction by the City and Developer of their respective obligations with respect to such phase ofthe Property. 10. SUCCESSORS AND ASSIGNS. A 11 obligations and covenants of Developer under this Agreement shall constitute covenants running with the land, and shall bind Developer and each successive owner of all or any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner fi:om a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. Without limiting the generality of the foregoing: (a) Developer may assign this Agreement to the party to whom Developer assigns its rights as purchaser under the Conti -act; and (b) Developer as well as any successor owner of all or a portion ofthe Property who is boimd by this Agreement (Developer or any such successor owner is referred to herein as the "Owner") may assign this Agreement either in its entirety (if the assignee is to own all of the Property) or in part (ifthe assignee is to own only a portion of the Property) and in such event (i) the Owner conveying such portion of the Property shall be automatically released from the obligations of"Developer" as to all or a portion of the Property (as applicable), and (ii) the assignee to whom this Agreement is so assigned in whole or in part shall be deemed to have assumed the obligations of"Developer" as to the portion ofthe Property which is owned by such assignee, hi the event of any partial assignment ofthis Agreement, then notwithstanding anything to the contrary contained herein, the obligations of Developer imder 7 orors2,00a69:�ss3mo� frUs Agreement shall be the several (and not the joint and several) obligations of eadi such t- Developer. ' The terms and provisions ofthis Agreoneint shall otherwise bind and inure to the benefit of the City, Developer and their respective successors and assigds. Each person signing this Agreement represents and warrants tihat (i) he/sha has the authority to enter into this Agreement on behalf of (and to bind) the party on whose behalf such person is signing this Agreement, and (li) no further authorization or consent from anyone else is riecessaiy to make this. Agreement the binding obligation ofthe party on whose behalf such person is signing this Agreement. ' / 11, COMPLETE.•t�GREEMENT: This Agreement embodios the entire Agreement between the parties hereto and cannot be varied or terminated except by the written agreemeait ofthe parties. The City acknowledges the terms of this agreement have been adopted pin-suaat to Texas Local ' Government Code. Section 380.001. If any provision ofthis Agreemeait is illegal, invalid; or unenforceable, then the remainder of this Agreement shall not be affected, and, there shall be added as a part of this Agreement a provision as similar in, terms to such illegal, invalid, orunenfolceable provision as may be possible and be legal, valid, and enforceable, • rr. COUNTERfARTS. This Agreement may be separately executed in any number of counteiparts and by the different parties hereto in separate counterparts, each of which when so executed shall be deemed to constitute one and the same agreement. IN WDUSIESS WHEREOF, the City and Developer have executed this Agreement to be.effertive as ofthe Effective Date. AINKA96 OWITVE: ' r By: ` Name: Don W. Collins Title; Managing Venturer CITY OF ANNA, TEXAS N^:f?^eira.e!thPelhbun Mayor 8 010132,00063:759307.07 Property Illustration Exhibit A -Page 1 010132,00069:758307.07 EXHIBITS Property Descriptions anhH. /«K'm� h M * i Pc't W * cm Cwal Dni b*& daaWdy FM a too dit a !� y . 111lccamiK«lu>t th it tnr , it Cc� .+�oat of.t�w�htMltlr. h M rh/M Um of <At<Ac* Omt 1O1XSown * IC . Ho> aihOOmn »Jut HHnerthmi e«akf of (h((OaffHSndt ^ oejk.MM 4S49 /p 41S/ 9 • " . 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Z C) � U Lf ter-, n �.Z Y{OUR}HOMETOWN Council Meeting: JuIX 8, 2014 Account Code #: N/A Budgeted Amount: n Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-03-14 Exhibits: ❑Yes ❑ No CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071), b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex Gov't Code 13551.072); acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 9 City Secretary's use only City of Anna lag all 1ZUport Staff Contact: Philip Sanders Date Prepared: 7-03-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for July 8, 2014 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: July 8, 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. I 0 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-03-14 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn. A� W s 0 Ad i um Z N M U 0 E i Q }I W L ,Ow ^VI, W O �L L Q. 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