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HomeMy WebLinkAboutCCpkt2014-11-13X{OURl HOMETOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP November 13, 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., November 13, 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. 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 pul•chase, exchange, lease, or value of 1•eal 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 incentive to a business prospect described by subdivision (1). Tex. Gov't Code &551.087 l; proposed residential and retail developments; 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 tvho want to attend this meeting �vho may need assistance should contact the City Secretary at 972 924- 3325 tvo working days prior to the meeting so that appropriate arrangements can be made. I 1-13-14 CC Workshop Meeting Agenda.doc 1 Posted 11-07-14 �Od d. discuss or deliberate personnel matters: City Secretary update; City Manager Annual Review; non -advisory Boards and Commissions.(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. 4. Consider/Discuss/Action on any items listed on posted agenda for November 13 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 5. Adjourn. This is to certify that 1, Natha Willcison, 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., November 7, 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. 11-13-14 CC Workshop Meeting Agenda.doc 2 Posted 1 I-07-14 CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING November 13, 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., November 13, 2014, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a recor attendance. If you wish to speak on an open -session Opinion/Speaker Registration Form and turn it in to meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. agenda item please fiout ll the City Secretary before the d of the 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Coarncil 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 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. 5. Recognition of 2014 Anna Citizen Academy Graduates. (City Council) 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. 1 I-1344 CC Regular Meeting Agenda.doc 1 Posted 11-07-14 6. Consent Items. These items consist of non -controversial or "housekeeping" items required by laiv. 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 regarding "Oak Hollow PH 6" amending plat. (Maurice Schwanke) b. Approve a Resolution regarding "Westfield Addition Phase 3" site plan. (Maurice Schwanke) 7. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"— single family residential. (Maurice Schwanke) 8. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for The Villages of Hurricane Creek. (City Manager) 9. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the construction of Ferguson Parkway. (City Manager) 10. Consider/Discuss/Action regarding a Resolution approving an Economic Development Agreement with Bloomfield Homes, L.P., for the construction of Ferguson Parkway. (City Manager) 11. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Lakeview Estates, Phase 1. (City Manager) 12. Consider/Discuss/Action regarding a Resolution approving a final plat of Lakeview Estates, Phase 1. (Maurice Schwanke) 13. Consider/Discuss/Action regarding Resolution approving an Amended Subdivision Improvement Agreement with the Owner of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (City Manager) 14. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Robert Coates. (City Manager) 15. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Addison Wilson and/or others for public right-of-way associated with alterations to CR 422. (City Manager) 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 ou 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. 1 -13-14 CC Regular Meeting Agenda.doc 2 Posted 11-07-14 16. Consider/Discuss/Action regarding a Resolution approving a contract for the construction of the Public Works Parking Lot. (Joseph Johnson) 17. Consider/Discuss/Action regarding a Resolution authorizing a request for qualifications (RFQ) for architectural services. (City Manager) 18. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement for Child Abuse Investigation Services Law Enforcement Services. (Chief Jenks) 19. 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 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; City Manager Annual Review; non -advisory Boards and Comm]ssions.(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. 20. Consider/Discuss/Action on any items listed on posted agenda for November 13, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 21. Adjourn. 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. 11-13-14 CC Regular Meeting Agenda.doc 3 Posted 11-07-14 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. November 7, 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 e,�ecutive 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. 11-13-14 CC Regular Meeting Agenda.doc 4 Posted I 1-07-14 CITY COUNCIL MEETING SIGN IN SIIEET 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 Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS zruna s ISJ�S �-� CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item NO. I City Secretary's use only City Council Agenda Staff Report Date: November 13, 2014 Staff Contact: City Manager Exhibits: CITY OF ANNA; TEXAS Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: November 13, 2014 City Manager CITY OF ANNA,TEXAS AGENDA SUBJECT: Citizen comments. Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager 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, 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. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: November 13, 2014 Staff Contact: City Manager Exhibits: 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. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item NO. 5 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager AGENDA SUBJECT: Recognition of 2014 Anna Citizen Academy Graduates. (City Council) SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA,TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager AGENDA SUBJECT: Consent Items. These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve a Resolution regarding "Oak Hollow PH 6" amending plat. (Maurice Schwanke) b. Approve a Resolution regarding "Westfield Addition Phase 3" site plan. (Maurice Schwanlce) STAFF RECOMMENDATION: Staff recommends approval of the consent items. CITY OF ANNA, TEXAS Item No. iwdu City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Approve a Resolution regarding "Oak Hollow PH 6" amending plat. Yes 11/13/14 Maurice Schwanke SUMMARY: The purpose of this plat is to remove a 15 foot side yard setback that was inadvertently placed on the east interior side yard of these two lots. The normal side yard setback is 5' according to the approved Planned Development for this property. STAFF RECOMMENDATION: Approval of the amended plat CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "OAK HOLLOW PHASE 6" AMENDED PLAT" LOCATED IN ANNA'S CITY LIMITS GENERALLY NORTH OF REDBUD DRIVE AND SOUTH OF SABLEWOOD DRIVE AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); 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 Final Plat The City Council of the City of Anna, Texas hereby approves the amended plat of Oal< Hollow Phase 6 by approving the eastern side yard setback be changed from 15' to 5' as established by the existing Planned Development approved by Ordinance Number 50-2003, PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14t" day of November, 2014. Natha Wilkison, City Secretary 1 Mayor, Mike Crist ntytrot �o�ap mom 4,. %fie P�T�Vp AOS1:HpfY �9 u^'s+0 :agy,on saastr�� wa°r MR o 8 j30 euuy;o A!o POAJGOOS� a � �gL/7pgjY R � kkkk 1 r 1 e x.sassa J a p I R .n<cn J i w a c,�aS�� g °' �a .0:An `9r h0 a::n7 4_'S .s4 vvtAS a: 9`R3a ae " k Y oV4 _ _tj g _r=q s..Y - eyY:3 Ry=�m y<�4 BgQh :crag ha s FwB=QCMR'O 'ems' �x -� fib8"t �� £ ` e 1u 8�-� 8Y 4b o:� s2dY 8Y R s� ;; " o f< a ,a=oJ, _ ': 0o° FM "go sH oinlos aHvi N 0101 3 d ry O '/yCyf/, i h8°gy _ O F VCR oac O cz P� Pa Q I� yo - 00,.�H >`' .� 0_ wt2, � F CITY OF ANNA, TEXAS Item No. 6 �DJ City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Approve a Resolution regarding "Westfield Addition PH 3" site plan. SUMMARY: 11/13/14 Maurice Schwanke Yes This proposed site plan changes the approved front elevations of the retail center. When the original site plan for this property was submitted the two center buildings were proposed to have an architectural archway between them. Since the development of the second building the ownership has changed so that the owner of the existing east center building is not the same as the proposed west center building and joining the two buildings with the archway way is problematic in terms of maintenance, ownership and structural considerations. STAFF RECOMMENDATION: Approval of the revised site elevation. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "WESTFIELD ADDITION PHASE 3" SITE PLAN" LOCATED IN ANNA'S CITY LIMITS GENERALLY SOUTH OF WEST WHITE STREET AND WEST OF WESTFIELD DRIVE AND IS SUBJECT TO THE ZONING REGULATIONS ASSET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Regulations"); 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 Site Plan The City Council of the City of Anna, Texas hereby approves the site plan of Westfield Addition Phase 3 with new elevation of structures. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of November, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist s w o N CD boo U R a v x LLH 1 C llona77x7o IfIf�',JR a n a 7YD RAWO7 Z `gw r2 s L p LL n. g l INN NNN INN N 3A Nd Q13131S3MIN ON ` rIN INN, NIN, -._ . �ININ IN If N IN INN IN N NN IN J o f�\\ - PIN N If N IN l I i sJ i 1 f L,I -n D LIN IN I `- JL t i E 1 J fnNt R i _ a 1INN IN, INNi / E x g I I V� ✓it I 3oS a 'IN _.NNe _a 'I r. b r — — — �I IN IN A. If IN C I r 11 IIIIN �� Ym �.If I m �I P INN NI IN F4 It IN c IN N"I� C aS p »zINN a`— I� Ief { i _ It — ----- �� m I- L I INNi _ - I 4. — - — — IN INN A IN, XI NN If I Nt �I r li W I. c, - ( . I� - N ��� C - -- - N � I N IN �i I , . =c ! 3SVHd I III, NI - r ' — ;\ IN ✓ �,It I l If f l3SVHd I I !� /lid=-=18 �1 " ® a ~ o I, I it o X2 z Qo I-- k r'q e $ J qqq y I N I I i � I �- �R �� I � � t �S S t I i —.71 li I r- j 41 fff IN �g Was k• m �� lAN L' I 1� i. d NN I IN sl \ g .,IN ) , if, IN IN NI i i —=m I — _ IN III, r��(31V%RJd)�QVM4 H33N4 N31VIS IN INN 7YWLL7/gRKIY O 2 3NIlHOWN z 0 Q w J W W d a a z �_ X w CITY OF ANNA, TEXAS AGENDA SUBJECT: Item NO. 7 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: 11/13/14 Maurice Schwanke Yes Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single family residential. SUMMARY: This zoning submittal consists of approximately 368.2 total acres of land within the City of Anna. The uses proposed for this Property follow the intent of the City of Anna Comprehensive Plan. The proposal creates a master planned community featuring a mixture of lot sizes that should encourage sustainable neighborhoods. The following table summarizes the proposed lot sizes and densities: LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 273% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 654 4.00 44.5% OPEN SPACE 148.7 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% This PD will replace the existing small lot entitlements with the smallest lot being 8,400 square feet. Also proposed in this PD are integrated parks and open spaces which will help to preserve areas designated within the 100-year floodplain. A fire station location is being planned for incorporation into the development as well as an amenity center. The Planning and Zoning recommended approval of the zoning request at their September 8, 2014. The vote was unanimous. A public hearing was opened and continued at the City Council on October 21. STAFF RECOMMENDATION: Hold open and continuing the public hearing until 7:30 pm on December 9, 2014. CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of FM 455 and west of U.S. 75) 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 and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75 being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family Residential (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("Clty 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 Comprehensive Plan of the City and 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 PD - Single Family Residential to PD — Single Family Residential zoning. 1 PURPOSE AND INTENT A. Purpose and Intent: This zoning submittal addresses the disposon of approximately 368 total acres of land within the City of Anna more fully described on the legal description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses proposed for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010. It is the intent of the Planned Development (PD) to offer greater flexibility for residential development. The purpose of the district is to create a master planned community featuring a mixture of housing types in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which includes such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks, ball fields and walking trails. d. Integrated parks and open space to preserve areas designated within the 100-year floodplain. This will protect existing stream corridors and other physical assets as amenities. 3. The Villages of Hurricane Creelc PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Villages of Hurricane Creek District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of Hurricane Creek. II. DEFINITIONS Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use; (b) is subordinate in area, extent, or purpose to the principal Building or principal Use served and is not physically connected to the principal Building; (c) contributes to the comfort, convenience and necessity of occupants of the principal Building or principal Use served; and (d) F7 is located on the same Building Lot as the principal Use served. If connected to the principal Building, a structure becomes part of the principal Building. Block: Property abutting on one side of the Street and lying between the nearest intersecting or intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such Street. Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate Building, except as regards minimum side yards. Building Line: Aline parallel or approximately parallel to the Street line at a specific distance there from marking the minimum distance from the Street line that a Building may be erected. Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides by such Building, or the Open Space provided for access to a dwelling group. District: A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Part of the Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF- TH, MH, or MF District; the term "commercial District" means any C4, NC, C-2, C-3 or 0-1 District. Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one Family, and in which not more than two persons, other than members of the Family, are lodged or boarded for compensation at any one time. Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and having no physical connection to a Building on any other Lot. Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is considered in the Flood Plain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the City. Frontage: All the property abutting on one side of a Street between intersecting or intercepting Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village boundary measured along the Street line. An intercepting Street shall determine only the boundary of the Frontage on the side of the Street which it shall determine only the boundary of the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one Street, the planning and zoning commission shall determine the Frontage for purposes of the Part of the Code. Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially adopted and as amended from time to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the 3 acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public Buildings. Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory Buildings, or by a group such as a dwelling group or automobile Court and their Accessory Buildings, including the yards and Open Spaces required therefore by this title and other applicable law. Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle of intersection or interception does not exceed 135°. Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or floor) of Buildings located on the Lot. Lot, Interior: A Lot other than a corner Lot. Lot, Lines: The property lines bounding the Lot as defined herein. Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line on a Street and the other line on a river, lake, creek or other permanent body of water. Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot. Lot Width: The width measured at a distance back from the front line equal to the minimum depth required for a Front Yard. Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerl< of Collin County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Collin County, prior to January 1, 1986. Main Building: A Building in which is conducted principal Use of the Lot on which it is situated. Open Space: That part of any Lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may be considered as Open Space, provided such Open Space is contiguous and part of the platted Lot and is maintained and utilized in the same manner and to the same degree as all other Open Space areas as is designated on the site plan as filed with the building permit application. Planned Development: Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and Buildings; for principal and accessory structures and uses substantially related to the character of the District; according to comprehensive and detailed plans which include not only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations of all Buildings as intended be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the Buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common Use by some or all of the occupants of the District, but will not be provided, operated, or maintained at general public expense. Planned Development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the District and areas without the District. Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot line, the depth of which is dependent upon the zoning District in which the Lot is located. Screening Element (Device): A barrier of permanent material of sufficient heights and density so that the objects being screened are not visible from any point on the Lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following: (a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30% open; (b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may, when appropriate in scale, be considered and used as a Screening Element in lieu of a fence, wall, hedge, or other dense planting material. Street: A public or private thoroughfare which affords the principal means of access to abutting property. The Villages of Hurricane Creel< Concept Plan (Exhibit B): The graphic plan for The Villages of Hurricane Creelc that establishes and delineates the respective PD sustricts such as the Village Center and other Neighborhoods. Thoroughfare: An officially designated federal or state numbered highway or county or other road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City of Anna. Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City Council establishing the location and official right-of-way width of principal highways and Streets in the city, together with all amendments thereto subsequently adopted. Use: The purpose for which land or a Building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part. (Ord. No. 457-2009, adopted 08125109) Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and accessory thereto. Yard: An Open Space, other than a Court, on the same Lot with a Building. 5 Yard, From.: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the front line of the Lot and the nearest portion of the main Buildings including an enclosed or covered porch, provided that the Front Yard depth shall be measured from the future Street line for a Street on which a Lot fronts, when such line is shown on the official map or is otherwise established. Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the rear line of the Lot and the main Building. Yard, Side: A yard between the side line of the Lot and the main Building extending from the Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side line and the main Building. Zoning Map: The official Zoning Map of the City of Anna together with all amendments subsequently adopted. *Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "used" includes designed and intended or arranged to be used, the word "Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel. Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall govern. III. LOT TYPE REGULATIONS The Villages of Hurricane Creel< will include a specific lot type in order to achieve the goals established for the district. The lot type and requirement shall be as follows: A. Lot Type 4zF-84 (70' x 120'1: 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable —of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 8,400 square feet 7 I� Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Brick or rocl<veneer): 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 70 feet minimum; building line) 120 feet minimum 80% (measured at the front 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). Lot Type SF-84 (80' x 120'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a 31--84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance, The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized Anna Subdivision Regulations, no building permit or Floodplain 5. Height Regulations: No building shall exceed thirty-five feet (35'). in the City 9 6. Area Regulatlons: The following minimum standards shall be required as measured from property lines: Lot Size: 9,600 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Bricl<or rocl<veneer) s 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 80 feet minimum; building line) 120 feet minimum FROM (measured at the front 7. Parl<in Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). 10 C. Lot Type SF-84 (90' x 1201: 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance, The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. I1 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 6. 7. Height Regulations: No building shall exceed thirty-five feet (35'). Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,800 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum An Yard, Corner Lot, Street Side: 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) Lot Width: 90 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% Parl<in� Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street 12 parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Siens: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). D. Lot Type SF-84 (100' x 150'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. 13 d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35') 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 15,000 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sl<y from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 100 feet minimum; (measured at the front building line) 14 Lot Depth: 150 feet minimum Masonry (Brick or rock veneer): 80% 7. Parl<int2 Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Sims: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). TABLE NO. 3-1 Land Use Summary LAND USE SUMMARY USE ACREAGE +/= SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 273% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTALI 163.7 654 4.00 44.5% OPEN SPACE 148.7 40.4% FIRE STATION 2.5 0.7% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% IV. DEVELOPMENT AND DESIGN STANDARDS A. Accessory Buildings: All development within The Villages of Hurricane Creel< Planned Development District shall comply with Section 35 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. ff B. Screening and Fences: All development within The Villages of Hurricane Creelc Planned Development District shall comply with Section 40 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance C. Landscape Standards: All development within The Villages of Hurricane Creelc Planned Development District shall comply with the City of Anna Code of Ordinance Part III-E (Landscape Regulations) in effect at the time of City Council approval of this ordinance. 1. Tree Requirements: For all single-family and duplex parcels, builders shall be required to plant two large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three- inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed. (Ord. No. 56-2003, adopted 211112003) Requirements for single family residential and duplex lots three-inch caliper trees selected from the Large Tree list in the City of Anna Landscape Regulations shall be planted on all single family residential, duplex, and town home lots. At least one of the trees must be placed in the front yard of the lot. Single Family Residential (SF-84) requires 3 trees. The following are approved large trees: Caddo Maple Pecan Shagbark Hickory DeodarCedar Texas Persimmon Black Walnut Eastern Black Walnut Red Cedar Eastern Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oak Chinquapin Oak Shumard Oak Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lace Bark Elm Siberian Elm 16 D. Off -Street Parking Requirements: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 38 of the City of Anna Zoning Ordinance. E. Residential Architectural Standards: 1) House repetition. a. Within residential developments, single family homes with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street. b. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Building Articulation. At least four facade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. a. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet. b. Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. c. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. d. Front porch of at least 50 square feet. e. The installation of at least two (2) coach lights. f. Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. 3) Roofs. a. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". b. Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25 year warranty. Under no circumstances shall three -tab shingles be used as roofing material. 4) Garages. Garages may be front facing or J Swing type. 17 5) Fenestration. a. Windowless exterior walls, excluding garage doors that face a public right-of-way, or other similar highly visible areas are prohibited. On two story structures, windows are required on the first and second story facing a public right-of-way. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater 6) Masonry Content. a. Except as noted below, the exterior walls (excluding windows and doors) on the First Floor Front Elevation of any single family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. b. Except as noted below, the exterior walls (excluding windows and doors) on the Front Elevation of any multi -family structure shall be 100 percent masonry. The total surface area of the remaining exterior walls (excluding windows and doors) shall be 90% masonry. c. Second floor Dutch Gable Roof elements are not required to be masonry if setback at least 3 feet from the first floor front elevation vertical plane. 7) Exceptions to the Residential Architectural Standards in this section may be only occur after application and review by the Planning and Zoning Commission and approval by the City Council by Specific Use Permit. (Ord. No. 597-2012, adopted 1012312012) V. DEVELOPMENT SCHEDULE Date Total Lots 2016 250 2017 300 2018 375 2019 450 2020 550 2021 654 Home construction anticipated through the end of 2021. 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. 19 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 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 Willcison, City Secretary APPROVED: Mike Crist, Mayor 20 EXHIBIT "A" LEGAL DESCRIPTION BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02048'1511E, 1930.31 feet; THENCE N 890521S511E, 465.63 feet; THENCE N 89°15'321)E, 742.56 feet; THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89011'00"E, 794.06 feet; THENCE S 00010'57"W, 232.18 feet; THENCE N 89056112"E, 1184.36 feet; THENCE S 01006139"E, 55.96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; 21 THENCE S 15°4202W, 121.60 feet; THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'S2", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet; THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet; THENCE N 89°44'50"W, 655.06 feet; THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. 22 EXHIBIT CONCEPT PLAN 23 N I i �a I oao iEt -<z I Qo i germro F}- m r Z 9 I wo w 3`,H aWw�¢w O p wzo ow U ujj af o U I L t4p• ww t 5 I aWa o�j= J WWuoo W { o�zw wm��m3 m I � Q woo ww � 2n z www �oo N0 5 mg 0 N w o W QWHnz \\ Lwn °gizl- Oo ow ='�iz = y Zx jz w iL 00 Fofit o�Ea"dH o Ww 0zo c — a fIIiI jIF vo �Q Zp N z 0 z w0 V1 Q W � a O J > F- U 1 i S< HI i O%ofo� } � � I i z U o !( z xx s U w o IL Q zZK00 1 € O \ 0'��jw W T O !� W U Z %CIAgg 9 .. ba Eis 7g ` �r �'5.. gas5 �e55 E'S5. �g:55. �^Ali 55 All 2nfaa � �S y Y i O 2 6 Le ®�. 84 � 'e, °ec LLJ 2. ga z� fie al $:ejj > O o ` 'ate el sE ° 9b S ab R ^.�.t R W a el B �3� f33 C C C C ( P i be s 8 e8 9 eE e ? I w ri `% Y 7yiy '$ Z ga&&&y$6 a T_ $ s s as & e€ s$ E° R e a -5 -a 5 Eb 1 ° i,, Fa z ig �e,�g d tl d C yy d d yy d tl d yy d eeo d C yy �tl7 dV tl da d ��++ti yy yy d de tl C d de g ie W ...... E R C fi S fi fi G u fi G fi fi 6 G fi G fi t C fi:. 5 fi fi fie. G Sa 6 fi-� fi fig fi b 5 6. a Baz ?§s "sza�x� �oi.PC�_Gg �4 5 I I. ,.•. i CITY OF AN NA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes November 13, 2014 City Manager AGENDA aUDJLCI: Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creek. SUMMARY: The City received a petition signed by the owners of an undeveloped tract commonly referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally located in the city limits north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits (the "Property"). The Petition requests that the City create a public improvement district ("PID") over the Property. At its August 28, 2014 special meeting the Council set a public hearing on the advisability of creating the PID. A PID is a district that can be created by a municipality under Chapter 372 of the Texas Local Government Code. The district includes a certain area of property for which public improvements are needed. When a City creates a PID, bonds can be issued to help finance public improvements that specifically benefit the district. The bonds generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and similar items located in the development as well as similar off -site projects that provide a benefit to the district. If created, the PID would make assessments against the owners of the Property to pay the debt service on the bonds. The assessments would initially be paid by the developer. Once the property is developed the assessments would be paid by the individual lot owners according to an assessment plan. The developer and the City's financial advisor are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. City staff has been working with the developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with public parks and amenities that would draw new residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer commits to delivering the type of development that staff believes would greatly benefit the City. The subject development is slated for single-family homes and related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American ("Centurion"). Most of Centurion's other single-family developments are in or near the Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single-family developments can be found here. http://centurionamerican.com/county/single-family/ City Staff and the City Attorney are currently working with the developer and the current owners of the Property in drafting a subdivision improvement agreement that would govern development of the Property and the financing of the public improvements through the PID and an overlapping TIRZ. This public hearing is on the advisability of creating the PID. Staff and the developer are continuing their discussions regarding the creation of the PID. It is currently anticipated that the action items for the creation of the PID will be ready for consideration by the Council in December or January. STAFF RECOMMENDATION: A public hearing on this issue was opened on September 23 and held open until the current meeting. To comply with the hearing requirements under Chapter 372, once all interested persons have had an opportunity to comment on the PID, staff recommends that the Council approve a motion to hold open and continue the public hearing on December 9, at 7:30 p.m. CITY OF ANNA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: November 13, 2014 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the construction of Ferguson Parkway. SUMMARY: The development of Lakeview Estates located just south of Rattan Elementary will require certain improvements to Ferguson Parkway (CR 367) to be constructed by the developer Bloomfield Homes. In order to maximize the developer's investment in Ferguson Parkway, Staff is recommending that funds designated for Ferguson Parkway in the 2007 Collin County Bond program be used to expand the scope of the Ferguson Parkway project that would otherwise be built with the developer acting alone. The attached Interlocal Agreement with Collin County would allow the City to access $576,875 from the 2007 County Bond Program to construct four lanes of Ferguson Parkway from FM 455 to Lake View Estates. The Agreement authorizes the County to reallocate the funds original designated for Rosamond Parkway ($259,875) and ($20,000) of the FM 455 funding to the Ferguson Parkway project. The total cost of the project is estimated at $1,135,640. County Bond funds would cover one-half of that cost, and the Lakeview Estates developer will fund the other half. A portion of the developer's half will be reimbursed by the City through a Chapter 380 Economic Development Agreement as the Lakeview Estates subdivision is built out over time. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE CONSTRUCTION OF FERGUSON PARKWAY. WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City") desire to enter into an agreement concerning the design and construction of improvements to Ferguson Parkway (the "Project") in Anna, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the 2007 Bond Program allocated $297,000 to Ferguson Pkwy, bond project #07-012; and WHEREAS, the 2007 Bond Program allocated $259,875 to Rosamond Pkwy from SH 5 to US 75, Bond Project 07-010; and WHEREAS, the 2007 Bond Program allocated $260,000 to FM 455 from US to East Fork Creek, Bond Project 1;07-011. WHEREAS, The City desires to reallocate the Rosamond funding ($259,875) and ($201000) of the FM 455 funding to the 2007 Bond Project #07-012, Ferguson Parkway from FM 455 to Lakeview Estates; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 3. Approval of Interlocal Agreement. The City Council hereby approves the Interlocal Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the amended Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13th day of November, 2014. ATTEST: Natha WilkisonI City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF ANNA CONCERNING THE CONSTRUCTION OF FERGUSON PARKWAY FROM FM 455 TO LAKEVIEW ESTATES IMPROVEMENTS 2007 BOND PROJECT #07AI2 WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City") desire to enter into an agreement concerning the design and construction of improvements to Ferguson Parkway (the "Project") in Anna, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the 2007 Bond Program allocated $297,000 to Ferguson Pkwy, bond project #07-012; and WHEREAS, the 2007 Bond Program allocated $259,875 to Rosamond Pkwy from SH 5 to US 75, Bond Project 07-010; and WHEREAS, the 2007 Bond Program allocated $260,000 to FM 455 from US to East Fork Creek, Bond Project #07-011. WHEREAS, The city requests to reallocate the Rosamond funding ($259,875) and ($20,000) of the FM 455 finding to the 2007 Bond Project 07-012, Ferguson Parkway from FM 455 to Lakeview Estates; and WHEREAS, the City and County have determined that the improvements may be constructed most economically by implementing this agreement. NOW, THEREFORE, this agreement is made and entered into by the Comity and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to construct improvements to Ferguson Parkway, hereinafter called the "Project". The Project shall consist of design and construction of rivo additional lanes from FM 455 south to Rattan Elementary. The Project will design and construct a 44ane divided section from Rattan Elementary to Lakeview Estates. The Project will design and construct two lanes across the frontage of Lakeview Estates. The Project is a total distance of approximately 3,800 feet. All improvements shall be designed to meet or exceed the current Collin County design standards and shall be constructed in accordance with the plans and specifications approved by the City. ARTICLE II. The City shall review and approve the plans and specifications for the improvements, review construction bids and approve the amount of the construction contract price for the improvements. In all such activities, the City shall comply with all state statutory requirements. The City shall provide the County with a copy of the construction contract(s) for the Project. ARTICLE III. The City shall acquire all right -of --way that is necessary for the construction of the Project. ARTICLE IV. 1 The City estimates the total actual cost of the project to be $15153,7500 The County agrees to fiord one half of the total cost to construct the improvements. The fiords are available from the 2007 Bond Project #07-012, Ferguson Pkway in the amount of $297,000, from 2007 Bond project #07-010, Rosamond Pkwy in the amount of $259,875 and from 2007 Bond Project #07-011, FM 455 in the amount of $20,000 for a total not to exceed $576,875. The County shall remit $576,875 to the City within thirty (30) days after the City has authorized execution of the construction contract and issued a Notice to proceed to the selected contractor, whichever occurs later. Following completion of the Project, the City shall provide a final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the estimated amount set forth herein, the City shall remit the County 50 percent of the difference between the estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on the progress of the Project. The "total cost of the Project" shall include land acquisition, engineering, construction, inspection, testing, street lighting, and construction administration costs including contingencies. ARTICLE V. The County's participation in the Project shall not exceed $576,875. ARTICLE VI. The City shall prepare for the County an itemized statement specifying Project costs that have been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until Project completion. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. ARTICLE VIII. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall he in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable, If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, 2 the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. This agreement shall automatically renew annually during this period. APPROVED AS TO FORM: By: Name: Title: Date: ATTEST: By:_ Name: Title: Date: Natha Wilkison City Secretary APPROVED AS TO FORM: 3 COUNTY OF COLLINTEXAS , Name Title: Date: Keith Self County Judge Executed on this day of , 2014, by the County of Collin, pursuant to Commissioners' Court Order No. CITY OF ANNA, TEXAS Name: Title: Philip Sanders City Manager Date: Executed on behalf of the City of Anna pursuant to City Council Resolution No. By: Name: Title: Date: Clark McCoy City Attorney 4 CITY OF ANNA, TEXAS Item No. I City Secretary's use only City Council Agenda Staff Report Date: November 13, 2014 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Economic Development Agreement with Bloomfield Homes, L.P., for the construction of Ferguson Parkway, SUMMARY: The development of Lakeview Estates located just south of Rattan Elementary will require certain improvements to Ferguson Parkway (CR 367) to be constructed by the developer Bloomfield Homes. In order to maximize the developer's investment in Ferguson Parkway, Staff is recommending that funds designated for Ferguson Parkway in the 2007 Collin County Bond program be used to expand the scope of the Ferguson Parkway project that would otherwise be built with the developer acting alone. The total cost of the project is estimated at $1,135,640. County Bond funds would cover one-half of that cost, and the Lakeview Estates developer will fund the other half up front. A portion of the project being funded by the developer up front (estimated at $198,493) is not part of the Ferguson Parkway improvements that the developer would normally be obligated to build. In consideration of the developer's willingness to construct these improvements, the attached Chapter 380 Economic Development would reimburse the developer an estimated $198,393 over time as the Lakeview Estates subdivision is built out. Payments would be made annually in amounts equal to the amount of property taxes levied and collected by the City for a given year on the increased value (above the current 2014 values) of the lots located in the Lakeview Estates subdivision. The annual payments would terminate when the amount owed the developer (estimated at $198,393) is paid, or in 15 years, whichever occurs first. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH BLOOMFIELD HOMES, L.P., FOR THE CONSTRUCTION OF FERGUSON PARKWAY. WHEREAS, the City of Anna, Texas ("City") and Bloomfield Homes, L.P. ("Grantee") desire to enter into a cooperative agreement to fund the construction of a portion of Ferguson Parkway ("Program"); and, WHEREAS, the City has established guidelines and criteria for economic incentive programs authorized by Texas law and approved by the City Council, including those authorized by Chapter 380 of the Texas Local Government Code, to promote state or local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City finds that the Program set forth in this Agreement will promote state or local economic development and stimulate business and commercial activity in the City; and WHEREAS, the Grantee has made application to the City for consideration of economic incentives in accordance with the City's established guidelines and criteria; 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 3. Approval of Economic Development Agreement. The City Council hereby approves the Economic Development Agreement attached hereto as Exhibit 11 and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the amended Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13t" day of November, 2014. Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 City of Anna, County of Collin, State of Texas. Economic Development Agreement This Economic Development Agreement (this "Agreement") is entered into by and between the City of Anna, Texas, (the "C"), a home rule municipal corporation of the State of Texas, and Bloomfield Homes, L.P., a Texas limited partnership (the "Grantee"), for the purposes and consideration stated below. RECITALS Whereas, the City has established guidelines and criteria for economic incentive programs authorized by Texas law and approved by the City Council, including those authorized by Chapter 380 of the Texas Local Government Code, to promote state or local economic development and to stimulate business and commercial activity in the City; and Whereas, the City finds that the Program set forth in this Agreement will promote state or local economic development and stimulate business and commercial activity in the City, and Whereas, the Grantee has made application to the City for consideration of economic incentives in accordance with the City's established guidelines and criteria; Now, therefore, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. AUTHORIZATION This Agreement is authorized by Chapter 380 of the Texas Local Government Code, and by Resolution No. of the City. SECTION 2. DEFINITIONS 2.1. "Captured Appraised Value" for any given year means the total taxable value of the Property taxable by the City for that year less the Tax Increment Base. 2.2. "Grantee" means Bloomfield Homes, L.P., and all companies or entities under common control with, controlled by or controlling Bloomfield Homes, L.P. For purposes this Agreement, the term "control" shall mean the ownership of fifty percent (50%) or more of the Grantee as determined by vote or value. Only Bloomfield Homes, L.P. shall be entitled to receive Program Grants under this Agreement. 2.2.1 "Grantee's Share" means the cost of the Project for two lanes of Ferguson Parkway located adjacent to the Property as generally reflected in Exhibit D attached hereto and incorporated herein by reference. 2.3. "Incentive Amount" means the sum of the following: 1) an amount equal to one- half of the total cost of the Project; plus 2) an amount equal to one-half of the total cost of the Project less the amount equal to the Grantee's Share of the Project. The Incentive Amount granted under this Agreement by the City to Grantee shall be based on the actual cost of the Project as determined by the contract price(s) of the construction contracts approved in accordance with Section 4.6 of this Agreement. Any additional Project costs that exceed the contract price(s) of the construction contracts approved in accordance with Section 4.6 of this Agreement that are a result of change orders to the construction contracts for the Project and that are requested in writing by the City Manager, shall be added to the Incentive Amount. 2.4. "Program" means the economic incentive program established by the City pursuant to Chapter 380 of the Texas Local Government Code. 2.5. "Program Grants" means the amounts paid by the City in accordance with Section 4 of this Agreement. 2.6. "Project" means the design and construction of a portion of Ferguson Parkway located within the City, and described more particularly in Exhibit A, that complies with all applicable City regulations including the City's zoning ordinance, building codes, design standards, and other development regulations. 2.7. "Pro er "means the 53.960 acre real property that is planned for a new residential development commonly known as Lakeview Estates, said tract being described more particularly in Exhibit B attached hereto and incorporated herein as if set forth in full. 2.8. "Tax Increment" for any given year means the amount of property taxes levied and collected by the City for that year on the Captured Appraised Value of the Property. 2.9. "Tax Increment Base" means the total taxable value of the Property that is taxable by the City for the year 2014 as reflected on Exhibit C attached hereto and incorporated herein by reference. \\Bdnt-fsl\wpprolaw\2993.018\263946_2.doc 2 Last Revised: 10/30/14 SECTION 3. EFFECTIVE DATE AND TERM 3.1. 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 notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and the Grantee has duly executed same.. 3.2. This Agreement shall remain in effect until the earlier of the following: (i) until the City has paid the Program Grants set forth in Section 4 of this Agreement in a total amount that equals the Incentive Amount, (ii) until this Agreement expires, or (111) until otherwise terminated under the provisions of this Agreement. SECTION 4. PROGRAM GRANTS AND CONSTRUCTION CONTRACTS 4.1. The City shall pay Program Grants to the Grantee, the total of which shall not exceed the Incentive Amount. 4.2. The City shall pay to the Grantee Program Grants payments equal to one-half of the total cost of the Project. Disbursements shall be based on draw requests signed by Grantee and approved by the City. Each draw request shall be reviewed by the Director of Public Works for the City, or such other designated agent or representative for the City. Upon approval by the City of any such draw request, the City shall release to the Grantee a Program Grants payment for that portion of the Project covered by the draw request. Program Grants disbursed under this Section 4.2 shall not exceed one-half of the total cost of the Project. 4.3. The remaining Program Grants due to Grantee pursuant hereto but not paid to Grantee pursuant to Section 4.2 of this Agreement are due to be paid to Grantee annually, beginning in the year , on the later of January 31 or 90 days after the delinquency date for property taxes for said year. The remaining Program Grants shall be paid annually until the total sum of Program Grants equals the Incentive Amount. 4.4. The amount of the remaining Program Grants to be paid to Grantee pursuant hereto for each year pursuant to Section 4.3 shall be calculated for each year as, and shall be equal to, 100% of the Tax Increment for such year. 4.5. Notwithstanding any other provision of this Agreement, the Agreement and the parties' obligations hereunder shall expire on December 31 in the year that is fifteen years following the Effective Date even if the total amount of all Program Grants paid to the Grantee are less than the Incentive Amount. \\Bdnt-fsl\�vpprola�v12993.018\263946_2.doc 3 Last Revised: 10/30/14 4.6 The Parties acknowledge that the construction contracts for the Project have not been awarded as of the Effective Date. Therefore, certain contract prices have not yet been determined. Before entering into any construction contract for the construction of all or any part of the Project the Parties agree as follows. (a) Grantee's engineers shall prepare, or cause the preparation of, and submit to the City all contract specifications and necessary related documents, including but not limited to the proposed construction contract showing the negotiated total contract price and scope of work. (b) Grantee shall submit all such documents along with a written notice of intention to let a construction contract at least 20 days in advance of the date that Grantee intends to execute such contract. (c) Within 15 days after receipt of the written notice and associated documents, the City Manager may: (1) approve the amount of the contract price and provide written notice to Grantee that the Grantee may execute the construction contract; or (2) require that the contract be procured through competitive bidding or competitive sealed proposals ("Competitive Procurement"). If the City fails to notify Grantee within such 15 day period, the City shall be deemed to have approved the contract price and authorized Grantee to execute the construction contract as provided in Section 4.6((c)(1) above. (d) In order to require Competitive Procurement, the City must provide the Grantee with written notice of said requirement within 15 days of delivery to the City of the written notice described in Section 4.6(b) above. (e) If the City Manager requires Competitive Procurement, then the Grantee must: (i) advertise for and award the contract in the same manner set forth for competitive sealed bids or competitive sealed proposals Local Government Code Chapter 252 as if the City were pursuing a public improvement contract subject to said Chapter 252 as approved by the City Manager; and (ii) supply the City with true and complete copies of all notices of bid/proposal requests and all bids/proposals subsequently received. (f) The City Manager reserves the right to cause Grantee to reject all bids and re - advertise, but the City Manager may do so only once for each construction contract sought by the Grantee. \\Bdnt-fsl\wpprolaw\2993.018\263946_2.doc 4 Last Revised: 10/30/14 SECTION 5. GRANTEE'S OBLIGATIONS 5.1. Within 18 months of the Effective Date subject to Force Majeure, Grantee shall complete in a good and workmanlike manner construction of the Project and tender all associated dedications of easements, rights of way and/or land included in the Project from the Property to the City at no cost to the City as determined to be necessary by the City, subject to the provisions of this Agreement. SECTION 6. DEFAULT AND TERMINATION PROVISIONS 6.1. If either party should default (the "Defaulting Party") with respect to any of its obligations hereunder and should fail within 60 days after receipt of written notice of such default from the other party (the "Complaining Party") to cure such default, then the Complaining Party, by action or proceeding at law, may be awarded damages for such default; provided, further, that (i) the Grantee agrees that its damages shall be limited to any unpaid Program Grants owed to it by the City under this Agreement at the time of expiration of any such 60-day period to cure, and (ii) the City agrees that its damages shall be limited to the applicable amounts set forth in Section 6.3 and Section 6.4 of this Agreement. 6.2. Should the Grantee fail to meet the obligations stated in Section 5 of this Agreement, the City shall have the right to terminate this Agreement upon 30 days written notice if the Project is not substantially completed within the 60 day cure period set forth in Section 6.1 above. 6.3. Should the Grantee terminate or cause the termination of this Agreement, the City shall have no obligation after the termination date to pay Program Grants as might otherwise be required under this Agreement. 6.4. In the event that any not of the Legislature or any law, order, rule or regulation of any state or federal administrative or judicial entity, nullify the terms of this Agreement, or otherwise preclude the performance of this Agreement by either party, then (a) the City shall not require Grantee to repay any portion of the Program Grants received prior to the date this Agreement is nullified, and (b) Grantee shall not require the City to make further Program Grant payments after the date this Agreement is nullified. 6.5. Force Ma'e�. If the City or the Grantee are prevented, wholly or in part, from fulfilling their respective obligations under this Agreement by reason of any act of God, unavoidable accident, material or labor shortages, governmental delays, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control (all of the foregoing are collectively referred to as "Force Maieure"), then the obligations of the City or Grantee are temporarily suspended during continuation of the Force \\Bdnt-fs ]\NNpprolaw\2993.018\263946_2.doc 5 Last Revised: 10/30/14 Majeure and all deadlines shall be extended for the period of Force Majeure. If either party's obligation is affected by any of the causes of Force Majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the Force Majeure as soon as reasonably possible after the occurrence of the cause or causes relied upon. SECTION 7. MUTUAL ASSISTANCE 7.1. The City and the Grantee shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions. 7.2. The Grantee hereby consents to and agrees to cooperate in any request by the City to acquire any easements, rights of way and/or land that are necessary as determined by the City for the Project. SECTION 8. REPRESENTATIONS AND WARRANTIES 8.1. The City represents and warrants that: (a) The City is a municipal corporation duly organized, validly existing under and by virtue of the laws of the State of Texas; (b) The City has approved this Agreement by Resolution at a public meeting properly noticed under the provisions of the Texas Open Meetings laws; and (c) The City knows of no litigation, proceedings, initiative, referendum, investigation, or the threat of any of the same, contesting the powers of the City or its officials with respect to this Agreement that has not been disclosed in writing to the Grantee. 8.2. The Grantee represents and warrants that: (a) Bloomfield Homes, L.P. is a Texas limited partnership validly existing under• the laws of the State of Texas, is in good standing, and has the power and authority to own its properties and to carry on the business as presently conducted and as represented in this Agreement; and (b) This Agreement has been duly authorized, executed and delivered by Bloomfield Homes, L.P., and Bloomfield Homes, L.P. has all the requisite corporate power and authority to execute, deliver, and perform this Agreement; and this Agreement constitutes a valid and binding obligation \\Bdnt-fs 1 h�pprolaw\2 993.018\263946_2.doc 6 Last Revised: ]0/30/14 of Bloomfield Homes, L.P., as Grantee, and is enforceable in accordance with its terms and conditions; and (c) The Grantee knows of no gation, proceedings, initiative, referendum, investigation, or the threat of any of the same, contesting the powers of the City or its officials with respect to this Agreement that has not been disclosed in writing to the City SECTION 9. LIMITATION ON LIABILITY 9.1. It is understood and agreed between the parties that the Grantee and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. This Agreement is not a contract for goods or services as defined under Texas Local Government Code § 271.151. Grantee's sole remedy in the event of the City's breach of this Agreement is to seek specific performance of the City's obligations hereunder, including interest, and Grantee and the City each expressly waives any remedy for attorney's fees under any statute or cause of action. SECTION 10. SEVERABILITY 10.1. Should any provision of this Agreement be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. 10.2. In lieu of each and any invalid provision, there shall be added to this Agreement a new provision containing as similar terms as may be possible and yet be valid, legal and enforceable. SECTION 11. INTERPRETATION AND FAIR CONSTRUCTION OF THE CONTRACT 11.1. This Agreement has been reviewed and approved by each of the Parties. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for or against either Party. 11.2. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. \\Bdnt-fsl\NNPprolaw\2993.018\263946_2.doc 7 Last Revised: 10/30/14 SECTION 12. DISPUTE RESOLUTION AND VENUE 121. This Agreement is made, and shall be construed and interpreted under the laws of the State of Texas, and exclusive jurisdiction and venue for any legal action shall lie in Collin County, Texas. The City and the Grantee agree that all claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding; provided, however, there shall be no requirement to mediate after a party provides written notice to the other party of its request to mediate and a mediation is not scheduled within 30 days after the mailing of such notice. SECTION 13 MISCELLANEOUS 13.1. This Agreement and the Subdivision Improvement Agreement contains the entire agreement between the parties with respect to the Project contemplated herein. 13.2. This Agreement may only be amended, altered, or revoked by written instrument signed by the Grantee and the City. 13.3. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing. GRANTEE: Bloomfield Homes, L.P. Attn: Donald J. Dykstra, President 1050 E Hwy 114, Suite 210 Southlake, TX 76092 With a copy to: Bellinger & Suberg, L.L.P. Attn: Glen A. Bellinger 10,000 N. Central Expressway, Suite 900 Dallas, TX 75231 CITY: City of Anna Attn: Philip Sanders, City Manager 111 N. Powell Plcwy, P.O. Box 776 Anna, Texas 75409-0776 \\Bdnt-fs 1 \wpprolaw�2993.018�263946_2.doc g Last Revised: 10/30/14 �� 13.4. This Agreement is governed by and is to be construed and enforced in accordance with the laws of the State of Texas and of the United States. The parties agree and consent to the jurisdiction of and venue in the District Courts of Collin County, Texas, and of the United States District Court for the Eastern District of Texas and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions among the parties with respect to the subject matter hereof. 13.5. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. 13.6. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. This Agreement may not be assigned without the express written consent of Grantor, which approval shall not be unreasonably withheld or delayed. �RE�IIAINDER OF THIS PAGE INTENTIONALL I' LEFT BLANK \\Bdnt-fs t \wpprolaw�2993.018�263946_2.doc 9 Last Revised: ]0/30/14 SIGNATURES: BLOOMFIELD HOMES, L.P., a Texas limited partnership CITY OF ANNA By: Bloomfield Properties, Inc., By: a Texas corporation, its General Partner By: Donald J. Dykstra, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Philip Sanders, City Manager Before me, the undersigned notary public, on the day of ,2014, personally appeared Donald J. Dykstra, 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 President of Bloomfield Properties, Inc., a Texas corporation, as General Partner of Bloomfield Homes, L.P., a Texas limited partnership, and on its behalf. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF § 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 \\Bdnt-fsl\«pprolaw�2993.018�263946_2.doc 1 Last Revised: l0/30/14 DEPICTION AND/OR DESCRIPTION OF THE PROJECT \\Bdnt-fsl\��Pprolaw�2993.018�263946_2.doc 11 Last Revised: 10/30/14 I D►:�111 URAL03 DEPICTION AND/OR DESCRIPTION OF THE PROPERTY i e al §Ser rf e rfar; , E2i1'. vls f i z 5; �e� ��? /.9C �� • O:Y � QVOd 41 lr�C�J t ! r Y tot 41 k -z Ci \\Bdnt-fsl\wpprolaw\2993.018\263946_2.doc I Z Last Revised: 10/30/14 EXHIBIT C TAX INCREMENT BASE FOR 2014 N n972,547,5020 Wig m m I' • t Statement Date: 10130ROt4 � Propmdy LoaaUan: OOOOOW COUNTY ROAD 1036 Owner: BLOOMFIELD HOMES LP Acres: 50,6597 Mailing Address: 1060 E STATE IMY 114 STE 210 Legal: AC*S A0656 JOSEPH.. SLATER SCHLUT SOUTHLAY.E TX 76002 5265 ER SURVEY, TRACT 21, 50 6597 A CRES Exemptions: IMPROVEMENT VALUE IA1Y)AIARNET VALUE - NON:NOMESITEW V -- NON-HOMESITE IAND.-. - AG VALUE 0 810,553 0 810$55 D Taxing Entigas - Exomption Amount Taxable Value 'Tax Rat¢ Par $100 8as¢ Tax COLLIN COUNTY 0 810.655 0,235000 1904.80 ANNACITY 0 810,655 0.649000 5260,50 ANNA ISO 0 810.55E 1..540000 12482,55 ...._..............._,.....___......._.__.._........ `�'.. Detach .'�'.... ....... Retum Wdh Payment t3LOOMFIELO HOMES LP 1050 E STATE HWY 1 f 4 STE 210 SOUTHLAKE TX 76092.5255 \\Bdnt-fslh>.pprolaw�2993.018\263946_2.doc 13 Last Revised: 10/30/14 TOTAL BASE TAX 20.31218 PRIOR YEARS 0.00 TotalAmount Due 520,312.18 Property Acaunl Number R685600002101 TotalAmount Dua $20,312.1 IF PAID IN AMOUNTOUE NOV $20,312.18 DEC $20,312.18 $20.312./0 FE6 $21,734,04 AtAR $220140.29 APR Please Make Checks Payablig To: 'Kenneth L. Maun Collin County 2� i Iu Property lAccountMcKinney, TX 79071 Now 072,5474020 , Y Statement Date: T0/3012014 Property Location: 0000000 Owner. BLOONIFiELO HaNIES LP Acres: 3.3 Milling Address: 607 POTOMAC PL Legal: ABS A0.44E JOSEPH SLATER SCHLUT SOUTHLAKE U 7&W2,0326 , ER SURVEY. TRACT 46, 3,30 ACRE S Exemptions:_^- 1MPROVEtAENTVALUE - LAND MARKET VAi.UE� �. NON NONEBtM IMPRV .: .NON-HOMESITE IAttD '. AG VALUE e 52,aC0 0 52,a40 p Taxing Entities Exemption Amount Taxable Vaiva Tax Rate Per $100 ': 6asa Tax COLLINCOUNTY 0 52.800 0.235M 0,00 ANNA CITY 0 52,800 0,649000 0.00 ANNA ISO 0 52.800 1.540000 0.00 TOTAL BASE TAX OAC PRIOR YEARS 0.00 Total Amount Dua _ .� ' ' =p,pp . --�—Detach . �:..---....._......... _.........,. Return With Payment BLOOAIFIELO NOMES LP 607 POTOMAC PL SOUTHLAKE TX 76092-9326 \\Bdnt-fs I\��Pprolaw�2993.018�263946_2.doc 14 Last Revised: 10/30/14 Property Account Numbe� R88560000460t TotalAmountDtm $0,00 IF PAID IN BtAOUNT DI IP NOV $0,00 DEC S0.00 aw $0.00 FEB $000 MAR $0.00 APR MA.So Mak2 Checks Pa4ahla i2• ! Kenneth L. Maun ' PROJECT COST BUDGET AND INCENTIVE AMOUNT [See Attached] \\Bdnt-fs i \wpprol aw\2993.018\263946_2.doc 15 Last Revised: 10/30/14 R� CITY OF ANNA, TEXAS Item No. I I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Fvhihitc November 13, 2014 City Manager Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Lakeview Estates, Phase 1. SUMMARY: Lakeview Estates, Phase 1 is located south of Rattan Elementary on Ferguson Parkway and will include 90 single family lots. The attached Subdivision Improvement Agreement outlines the obligations of the developer and the City related to the construction of roadway and park improvements that will be made in connection with this development. As part of the development, the owner, Bloomfield Homes, will construct four lanes of Ferguson Parkway from FM 455 to the property, and two lanes of Ferguson Parkway through the property. The funding obligations of the City and the developer with respect to these improvements are outline in the Collin County ILA and the Chapter 380 Economic Development Agreement previously discussed. The developer will also donate to the City land located along the eastern boundary of the property and adjacent to Anna Lal<e as a city park to be named Lakeview Park. A concept plan for the park was previously reviewed and approved by the City Council on May 13, 2014. As part of the phase 1 development, the developer will construct certain park improvements including a floating dock, 2 picnic tables, 4 park benches, and 2,340 linear feet of trail that connect Lakeview Park with Natural Springs Park. In consideration of these improvements, the City will forego the collection of Park Development Fees that would normally be paid on lots owned by the developer in the Lakeview and West Crossing subdivisions in an amount equal to the cost of the phase 1 park improvements. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR LAKEVIEW ESTATES, PHASE 1). WHEREAS, the City of Anna, Texas (the y") and Bloomfield Homes L.P. ("Owner") desire to enter into a Subdivision Improvement Agreement to address the dedication of parkland, and the construction of certain roadway and park improvements in connection with the construction of Lakeview Estates, Phase 1; and, WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of this Agreement will benefit the City and is in the best interests of the citizens of Anna; 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 Agreement. The City Council hereby approves the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13tn day of November, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Bloomfield Homes, L.P., a Texas limited partnership ("Owner"). WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties." or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement, and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of 53.960 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Agreement 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: ���L�7►><i�l"rakfI1P3PL�Z�73Z� : e The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. SUBDIVISION IMPROVEMENT AGREEMENT —Page 1 Development means the new development on the Property that is the subject of this Agreement. Public Improvements mean, collectively, the following categories %J improvements that shall be owned and maintained by the City: Roadway Facilities, and Park Facilities. Park Development Fees means fees charged by the City to a developer or builder for the general purpose of funding the construction of park facilities as described Part III -A, Article 4, Section 5.03 (d), of the Anna City Code of Ordinances. Parl< Facilities mean the following improvements to be constructed by the Owner in accordance with design/construction plans to be approved by the City as described and/or depicted in further detail in Exhibit E, (1) the Phase I Park Improvements described on Exhibit E as the Slayter Creek Trail and Lake View Park Improvements. Roadway Facilities mean the following improvements to be constructed by the Owner in accordance with design/construction plans to be approved by the City: (1) the Ferguson Parkway Roadway Improvements that are defined as "Project" in —and as described and/or depicted in further detail in —Exhibit B. SECTION 3 GENERAL PROVISIONS. (a) Performance Bond, Payment Bond and Other Security. For each construction contract for any part of the Public Improvements, Owner or Owner's contractor must execute a performance bond in favor of the City, naming the City as an obligee, 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 Public Improvements, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Improvements, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Public Improvements constructed under such contract. (b) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement or in Exhibit B attached hereto, Owner shall provide all Public Improvements, including streets, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Owner shall cause the installation of such Public Improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to approval of a Final Plat. Construction of such SUBDIVISION IMPROVEMENT AGREEMENT —Page 2 improvements shall not be initiated until a pre -construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. (c) Acceptance of Public Improvements Cl"d Owner's Remedy. It shall not be a breach or violation of the Agreement if the City withholds City utility services of any type that it is obligated to provide under this Agreement or otherwise obligated to provide until all required Public Improvements are properly constructed according to the approved engineering plans and City Regulations, and until such Public Improvements are dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Public Improvements and any other dedications required under this Agreement, such Public Improvements and dedications shall be owned by the City. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance and payment pursuant to the terms of this Agreement. (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 to the extent and in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which arise out of the Public Improvements construction contracts, whether by Owner, a contractor, subcontractor, or a materialman. Coverage must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas, and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Improvement construction contracts, Owner shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. SUBDIVISION IMPROVEMENT AGREEMENT —Page 3 (f) INDEMNIFICATION and HOLD HARMLESS. THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF THE OWNER OR THE NEGLIGENCE OF THE OWNER'S CONTRACTORS, ENGINEERS, ARCHITECTS OR OTHER PARTIES IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS ARISING PRIOR TO THE CITY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS AND DELIVERY OF THE MAINTENANCE BONDS RELATING TO SUCH PUBLIC IMPROVEMENTS AS REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE OWNER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE OWNER AND THE CITY, THE OWNER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE OWNER'S OWN PERCENTAGE OF RESPONSIBILITY. THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON THE OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. (f) 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. (g) Construction Standards and Inspection. The Public Improvements required for the development of the Property shall be constructed and inspected —and all applicable fees shall be paid by Owner —in accordance with applicable state law, City Regulations and other development requirements, including those imposed by any other governing body or entity with jurisdiction over the Authorized Improvements. (h) Limit of City Participation and Procurement Method. Notwithstanding any other provision of this Agreement, the limit of City participation in funding construction of the Public Improvements that are not competitively bid in compliance with Texas Local Government Code Chapter 252 shall not exceed 30% of the total contract price, provided, however, that said 30% limitation shall not apply to the City's participation in funding the cost for any oversizing of any of the Public Improvements, including but not limited to increased SUBDIVISION IMPROVEMENT AGREEMENT —Page 4 capacity of improvements to anticipate future development in other areas. As such, the City's reimbursements required to be made to Owner under this Agreement —at least with respect to the offsite oversized improvements —are not included in determining the 30% limitation and the City may participate with funding said improvements up to 100% of the construction costs to the extent required under this Agreement. Neither this subsection (h) or any other provision of this Agreement limits the City's authority under Chapter 380 of the Texas Local Government Code to make a grant under a program to promote economic development. (i) Bool<s and Records of Owner. If any of the construction contracts for the Public Improvements are not competitively bid in compliance with Texas Local Government Code Chapter 252, then —with respect to any information related to those contracts —the Owner's books and records shall be available for inspection by the City at all reasonable times upon the City's prior written request. SECTION 4 ROADWAY FACILITIES (a) Owner's Obligations. (1) Owner is responsible for funding and construction of the Roadway Facilities. Prior to City acceptance of the public infrastructure improvements required to serve Phase I of Lakeview Estates (as shown in Exhibit F), Owner shall construct the Roadway Facilities. (2) Within 18 months of the Effective Date subject to extension for Force Majeure, Owner agrees to complete in a good and workmanlike manner construction of the Roadway Facilities. If Owner fails to fully complete construction of the Roadway Facilities in said manner within 18 months of the Effective Date of this Agreement subject to extension for Force Majeure, then the City's obligations under this Section 4 shall terminate. (b) City Obligations. City shall provide an economic development incentive grant as outlined in the Economic Development Agreement attached hereto as Exhibit B. (a) Owner Obligations. Owner shall donate by irrevocable deed of dedication for public use, the form and content of which is attached to this Agreement as Exhibit C, approximately 9.132 acres of land (the "Park Land") to the City of Anna currently intended by the City to be used for the development of park and recreation facilities (said land being as described in more detail in the attached Exhibit D). Owner shall duly execute and deliver a copy of said deed of dedication to the City within 30 days of the Effective Date of this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT —Page 5 (b) City Obligations. City agrees that such dedication shall satisfy the park land dedication requirement outlined in the Anna City Code, Part III -A ("Subdivision Regulations"), Article 4, Section 5.03(a) for the development of Property. SECTION 6 PARK FACILITIES (a) Owner ObliPations8 (1) Owner is responsible for funding all costs (the "Park Facilities Costs") for, and for the construction of, the Park Facilities. Prior to City acceptance of the public infrastructure improvements required to serve the Phase I of Lakeview Estates (as shown in Exhibit F), Owner shall construct the portion of the Park Facilities described as the Phase 1 Park Improvements on Exhibit E. (2) Owner agrees to complete in a good and worl<manlil<e manner construction of the Phase I Park Improvements, If Owner fails to fully complete construction of the Phase I Park Improvements in said manner within 18 months of the Effective Date of this Agreement subject to extension for Force Majeure, then the City's obligations under this Section 6 shall terminate. (b) City ObliPations. (1) City agrees that it shall not be entitled to collect, and shall forgo collection of, the Parl< Development Fees that would normally be charged to Owner or its successors and assigns in connection with the issuance of building permits for single family homes to be constructed on lots located on the Property or within the West Crossing Subdivision (as described in Exhibit G), provided that the amount of Park Development Fees which will not be collected pursuant to this Section 6(b) shall not exceed _ Notwithstanding any other provision of this Agreement, City's obligations under this Section 6(b) shall expire on December 31 in the year that is fifteen years following the Effective Date even if the total amount of Park Development Fees waived by the City under this Section 6(b) is less than SECTION 7 DEVELOPMENT FEES Except as otherwise expressly stated in this Agreement, Owner shall pay all applicable development and permit application fees and inspection fees in the amounts and at the times as required under generally applicable City Regulations that are in effect at the time each required development or permit application for the Property is accepted as substantially complete by the City. SUBDIVISION IMPROVEMENT AGREEMENT —Page 6 SECTION 8 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 notary public. 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 this Agreement and delivered same to the City. (a) This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement or if Owner does not satisfy one of the following events. (1) Owner fails to meet all requirements (per City Regulations) necessary to file a final plat of Phase I of Lakeview Estates (as shown in Exhibit F), consisting of at least 90 residential lots in the Land Recordings with the Collin County Clerk's Office within two (2) years of the Effective Date of this Agreement; or (2) This Agreement has been terminated as otherwise set forth in this Agreement. SECTION 10 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. (b) Without limiting the generality of the foregoing and except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 10(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 SUBDIVISION IMPROVEMENT AGREEMENT —Page 7 notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations, provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. �i��L�7► F>f�Pilf;�il��we�► IXi1�J;�;1Z�1�Li`�L�L�� (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 III N. Powell Parkway Anna, TX 75409 If to Owner: Bloomfield Homes, L.P. Attn: Donald J. Dykstra, President ��11371�1�9L�I► �1►�iI7ZiI�I� �i1�► reed 3 � �►�i1 �► � ��TI�: 1050E Hwy 114, Suite 210 Southlake, TX 76092 With a copy to: Bellinger & Suberg, L.L.P. Attn: Glen A. Bellinger 10,000 N. Central Expressway, Suite 900 Dallas, TX 75231 (c) Complete Agreement. This Agreement and the exhibits attached hereto embody the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement and the exhibits attached hereto, or by written agreement of the City and Owner expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Force Majeure. Any deadlines and the time frames for Owner's performance as set forth in this Agreement shall be extended by time frames equal to any delays caused by events of "Force Majeure" which include an act of God, fire, earthquake, floods, explosion, adverse weather, war, terrorism, invasion, acts of enemies, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market for reasons other than cost increases, unavoidable accident, failure of transportation, strikes, lockouts, action of labor unions, condemnation, laws, orders of governmental or civil military or naval authorities, governmental restraint, governmental delays in approving plans and issuing permits in cases where same are SUBDIVISION IMPROVEMENT AGREEMENT —Page 9 ultimately approved or issued, when the foregoing causes are not within the reasonable control of Owner. (j) Miscellaneous Draftinr 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. (I<) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City, Owner and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto except as provided in Section 11(e) hereof. (I) 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. City agrees to execute documents in recordable form evidencing completion of one or more Public Improvements once completed in accordance with this Agreement. (m) 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 10 BLOOIVIFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation, its General Partner By: Donald J. Dykstra, its President STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of ,2014, personally appeared Donald J. Dykstra, 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 President of Bloomfield Properties, Inc., a Texas corporation, as General Partner of Bloomfield Homes, L.P., a Texas limited partnership, and on its behalf. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT —Page 11 CITY OF ANNA By: Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of 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, Texas. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT —Page 12 ATTACH M ENTS Exhibit A —The Property (legal description Cl"d survey drawing) Exhibit B —Economic Development Agreement Exhibit C —Parkland Dedication Deed Exhibit D — Parl< Land (legal description and survey drawing) Exhibit E —Park Facilities Exhibit F —Final Plat, Phase 1 Lakeview Estates Exhibit G —West Crossing Subdivision SUBDIVISION IMPROVEMENT AGREEMENT —Page 13 (!q . % \ ( ( ! LEI"]LEFIM THE PRO PERT \ \ \ \ tjjig d ;;Z(;;;.;;i;6§j/ § / xm� v4• �•4Am \\'}{}�}�}\)\ \ \ \ q it 614,\% @ $ f / \ % \ § VA ) \ Rj i LEI"]LEFIM THE PRO PERT \ \ \ \ tjjig d ;;Z(;;;.;;i;6§j/ § / xm� v4• �•4Am \\'}{}�}�}\)\ \ \ \ q it 614,\% @ $ f / \ % \ § VA ) \ Rj i | ! , ( /! !i (; \} /£« +A, m/e 1>e• DGURn9i A9§ƒ§\\ SUED wSONiMPROV MENT AGREEMENT -P g 1 EXHIBIT B [See Attached] SUBDIVISION IMPROVEMENT AGREEMENT —Page 15 EXHIBIT C [See Attached] SUBDIVISION IMPROVEMENT AGREEMENT —Page 16 r g a i i•F $jFs t W'y y gR —i EXHIBIT D {� i i� couNTY PriD NO ry 36 r sris lit Ik 6 i l�r�g�'��ip43.�����S�ljj?i F r jt (i s r i p t �Ftrr4;'y3 tl �'.F?t PP Fr s pt rE j, 1{ i 1 I i r T i i r t 1 rt y i i F dI i�lE {:lYtkii;i�rlF��ie�i�rp`jr r4` r � tr it cs rs sSc;4 ri?1 Y Sit F� FFif air6liil113jililtFi r�;idly{}yfi �t r a i 3ii r i+ ai i t izSti#€tCp tl;� s F 1 t,I I jl,f s iiF i �!� f l l j l j y l� l dtiij�i rF r a r c ppSq c s• qq If SUBDIVISION IMPROVEMENT AGREEMENT —Page 17 EXHIBIT E PARK FACILITIES co Attached] SUBDIVISION IMPROVEMENT AGREEMENT —Page 18 EXHIBIT F FINAL PLAT, PHASE 1 LAKEVIEW ESTATES [See Attached] SUBDIVISION IMPROVEMENT AGREEMENT —Page 19 CITY OF ANNA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: 11/13/14 Maurice Schwanke Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a final plat of "Lakeview Estates PH 1. SUMMARY: The attached final plat of Lakeview Estates is a 24.515 acre development for 90 residential lots and is located east of Ferguson Parkway and generally south of Rattan elementary school. The construction plans and final plat have been reviewed by city staff and our consultant engineers. The proponent is requesting a variance to the double frontage setback requirement and the provision of no lot to lot drainage. The staff recommends approval of the final plat. The preliminary plat was approved by City Council September, 2013 with the requested variances. STAFF RECOMMENDATION: Approval of final plat �Cb CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "LAKEVIEW ESTATES" FINAL PLAT" LOCATED IN ANNA'S CITY LIMITS GENERALLY EAST OF FERGUSON PKWY AND WEST OF ANNA LAKE AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); 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 Final Plat The City Council hereby approves the Lakeview Estates final plat with the following variances: 1.) a variance to the double frontage setback requirement —The west side of lots 1-11 block A and lots 1-8 block B rear yard setbacks will be reduced from 25' to 15'. 2.) the provision of no lot to lot drainage — In order to reduce the height of retaining walls lot to lot drainage will be allowed through lots 18-34 block D and lots 1 and 2, lots 12 to 19, and lot 22 of Block F, and lots 1-4 block E, will be allowed to have Private Drainage Easements maintained by The Home Owner Association. These lots will receive runoff from the rear of adjoining lots. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of November, 2014. ATTEST: Natha Will<ison, City Secretary Mayor, Mile Crist w n H N 3Ni 133M1S 4as rm S m LY�'3 O z"' �SZ4n N z o _ •+.1 Uqo K O Ch rwr_ S 0 Qz Frg om am 14 EoCi h_- _aa^ga'saaoa^n4 3 3 3 3 3 3 4 V f ON Or R'o M111i 8'Vil IN IN Im IN ON Ott Oci aap-Or It S o ^: IIInh a £p&sakka'seaka'$aaON IIIa IN a'sakaa&aaa 43 It NO NO tO I tow IV It Its 00 -- CIO - oit �aCL�SO$^o3E�= ffn '6d 'tots 'I�n 5 N0 vf73n3 BZ t'ot N3301! r8 A0211 hg 8 I I� VU u ft.Fxa 3Ak/Cl.lirg zt�9sc✓ts Ir,U sYo-r -zm f_ sls" 1 � ems nrrt— �^T 'fS3 .watt t iwar Gv ——?iilt— i Iy' .ylit NYtt tliJ_.,yC4FoGYfn--I SLI AKI( r' I R1'JN.ILV r—.Hzrc—T ON L�.f» RIC >t :f r e QR ` + V u ,Yvu II � rJl +Lss { S H�Nq Ip ir^� .tl Bt1 1 utF;,ra a I +=1 S13oS1__ ubl m r it ,GOhI i I u uttts� r I ai I I p�f 1A9� ov m a ll+ i 8N 8 e weu � ,i 1llKe8a,Y Iti S a F it .wall , 2tiAssa•V , { I l tl ^� g I ,wF,l nlitII ,1tKa�+' I � I 2 n G 'wYfi � roYlf 1 I ][„feESi' i II L � u aasu I 1 i u utsr.� y� �a It ,Ltt F! ti TM 1_; prrl�- +=1 S13oS1__ ubl m r it ,GOhI i I u uttts� r I ai I I p�f 1A9� ov m a ll+ i 8N 8 e weu � ,i 1llKe8a,Y Iti S a F it .wall , 2tiAssa•V , { I l tl ^� g I ,wF,l nlitII ,1tKa�+' I � I 2 n G 'wYfi � roYlf 1 I ][„feESi' i II L � u aasu I 1 i u utsr.� y� �a It ,Ltt F! ti TM 1_; prrl�- prrl�- flYrl 969Z '6d 'l9lf 'lon 53a3v 0o'B9 I 'il3MOd Of Y10tld 8 C ;a--t '-anT- +-rya ,IrD4'2+aq,rss a - I' O b W s:y 40 N o saF 9 g LU V rc g & m$ atFo �o<i e� zL El as ``� G,'o LU u a• �' n. a aj it"i?--r/ts9a, 1 i W I,rostt nN .Y4t L a)911 �fOTIL_y_l 391K.FN �-C-'tH..3f i N¢� Sir>i NO twit irtttar+ Z- 292+ta6F+' e O I e m n w n Yi $� C lit. srm ulttra m tssl O �Fa 1 KLlKaAS I t `` �i i � I� N OU PO 4 ulffa�r �offoft .g S ION IN o� ` g N 4 w n 00 •IN n 6 ��.oS $$II n bq 11 7� G� y u o n �y Z4 CITY OF ANNA,TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Amended Subdivision Improvement Agreement with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. SUMMARY: On February 11, the City Council approved a Subdivision Improvement Agreement with the owners of a 634 acre tract of land located east of State Highway 5 and primarily north of CR 422. The attached amendment defines the maximum reimbursable amount for two (2) parcels of land that will become part of the right-of-way for CR 422. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AGREEMENT AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS (THE "CITY") AND ANNA TOWN CENTER NO. 1/BRGT, LTD., ANNA TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN CENTER NO. 3/WARN, LTD., ANNA TOWN CENTER NO. 4/SHRP, LTD., ANNA TOWN CENTER NO. 5/HSLT, LTD., ANNA TOWN CENTER NO, 6/LNRD, LTD., ANNA TOWN CENTER NO. 7/LNRD, LLC, 40 PGE, LTD., O.P. LEONARD, JR. INVESTMENT COMPANY, LTD., AND NANCY ALICE LEONARD INVESTMENT COMPANY, LTD., (COLLECTIVELY, "OWNER") AND ANNA CROSSING AMC, LTD., ("PAYEE"). WHEREAS, on February 11, 2014 the City Council of the City of Anna, Texas (the "City Council") approved a Subdivision Improvement Agreement (SIA) with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798, and; WHEREAS, the City, Owner, and Payee now desire to amend the SIA to define the maximum reimbursable amount for two (2) parcels of land that will become part of the right- of-way for CR 422; and WHEREAS, the City Council finds that approval of this Second Agreement Amending the SIA will benefit the City and is in the best interests of the citizens of Anna; 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 3. Approval of 2"d Agreement Amending Subdivision Improvement Agreement. The City Council hereby approves the Second Agreement Amending the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the amended Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13t" day of November, 2014. ATTEST: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Second Agreement Amending Subdivision Improvement Agreement (this "Second Amendment") is entered into between and among the City of Anna, Texas (the "City") and Anna Town Center No. 1/BRGT, Ltd., Anna Town Center No. 2/BRTO, Ltd., Anna Town Center No. 3/WARN, Ltd., Anna Town Center No. 4/SHRP, Ltd., Anna Town Center No. 5/HSLT, Ltd., Anna Town Center No. 6/LNRD, Ltd., Anna Town Center No. 7/LNRD, LLC, 40 PGE, Ltd., O.P. Leonard, Jr. Investment Company, Ltd., and Nancy Alice Leonard Investment Company, Ltd., (collectively, "Owner") and Anna Crossing AMC, Ltd., ("Payee") as follows: WHEREAS, Owner, Payee and the City are sometimes collectively referenced in this Second Amendment as the "Parties"; and WHEREAS, the Parties previously entered into a Subdivision Improvement Agreement ("SIA"), attached hereto as Exhibit 1, related to the Development of the Property; and WHEREAS, on September 11, 2014, the Parties entered into a First Agreement Amending Subdivision Improvement Agreement; and, WHEREAS, the City, Owner, and Payee now desire to amend the SIA to address the reimbursable cost association with the acquisition of certain rights -of -way; and WHEREAS, the capitalized terms used in this Second Amendment are as defined in the SIA unless expressly set forth to the contrary herein; 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 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 Second Amendment and said recitals constitute representations by Owner, Payee and the City. SECTION 4 AMENDMENT TO SECTION 6 Section 6 paragraph (b)(2)(i) of the SIA is hereby amended by adding subparagraph "a." as follows: SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 1 i. Reimbursable Costs of the Roadway Facilities include all of the off -site, third -party property/easement acquisitions, if any, and engineering, design, and construction costs necessary for the Roadway Facilities; provided, however, that Reimbursable Costs as relates to third -party property/easement acquisitions shall be limited to the fair -market value of any property/easement acquired, plus any damages to the remainder, all as determined by a Licensed Appraiser selected by the City and Eminent Domain Fees. a. Notwithstanding the foregoing or any other provision in this Agreement, the Reimbursable Costs for right-of-way on the Hayslett Tract, further described in and attached hereto as Exhibit 2, shall be $4,000; and the Reimbursable Costs for right-of-way on the Cunningham Tract, further described in and attached hereto as Exhibit 3, shall be $10,000. SECTION 7 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 and Payee have duly executed same. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANI<] SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 2 Owner. Anna Town Center No. 1/BRUT, Ltd., a Texas Limited Partnership By: Anna Town Center No. 1/BRUT GP Corporation, a Texas Corporationits General Partner , By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Town Center No. 1/BRGT GP Corporation, in its capacity as general partner for Anna Town Center No. 1/BRGT, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 Owner: Anna Town Center No. 2/BRTO, Ltd., a Texas Limited Partnership By: Anna Town Center No. 2/BRTO GP Corporation, a Texas Corporation, its General Partner By: Richard M. SI<orburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Town Center No. 2/BRTO GP Corporation, in its capacity as general partner for Anna Town Center No. 2/BRTO, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 4 Owner: Anna Town Center No. 3/WARN, Ltd., a Texas Limited Partnership By: Anna Town Center No. 3/WARN GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Town Center No. 3/WARN GP Corporation, in its capacity as general partner for Anna Town Center No. 3/WARN, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 5 Owner: Anna Town Center No. 4/SHRP, Ltd., a Texas Limited Partnership By: Anna Town Center No. 1/SHRP GP Corporation, a Texas Corporation, its General Partner By: Richard M. SI<orburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Town Center No. 1/SHRP GP Corporation, in its capacity as general partner for Anna Town Center No. 1/SHRP, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 6 Owner: Anna Town Center No. 5/HSLT, Ltd., a Texas Limited Partnership By: Anna Town Center No. 5/HSLT GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Town Center No. 5/HSLT GP Corporation, in its capacity as general partner for Anna Town Center No. 5/HSLT, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 7 Owner: Anna Town Center No. 6/LNRD, Ltd., a Texas Limited Partnership By: Anna Town Center No. 6/LNRD GP Corporation, a Texas Corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Town Center No. 6/LNRD GP Corporation, in its capacity as general partner for Anna Town Center No. 6/LNRD, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 8 Owner: Anna Town Center No. 7/LNRD, LLC, a Texas limited liability company, By: Skorburg ATC No. 7/LNRD, Ltd., a Texas Limited Partnership By: Skorburg ATC No. 7/LNRD GP Corporation, a Texas corporation, its General Partner By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Skorburg ATC No. 7/LNRD GP Corporation, in its capacity as general partner for Skorburg ATC No. 7/LNRD, Ltd., in its capacity as managing member of Anna Town Center No. 7/LNRD, LLC. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 9 Owner: 40 PGE, Ltd., a Texas Limited Partnership By: 40 PGE GP Corporation, a Texas Corporation, its General Partner By: Richard M. SI<orburg, its President STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of 40 PGE GP Corporation, in its capacity as general partner for 40 PGE, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 10 Owner: O.P. Leonard, Jr. Investment Company, Ltd., a Texas Limited Partnership By: Pecan TEX, LLC, a Texas Limited Liability Company, its General Partner By: O.P. "Paul" Leonard, Jr., its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared O.P Leonard, Jr., 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 President of Pecan TEX, LLC, in its capacity as general partner for O.P. "Paul" Leonard, Jr. Investment Company, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 11 Owner: Nancy Alice Leonard Investment Company, Ltd. a Texas Limited Partnership By: Pecan TEX, LLC, a Texas Limited Liability Company, its General Partner By: O.P. "Paul" Leonard, Jr., President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared O.P. "Paul" Leonard, Jr., 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 and President of Pecan TEX, LLC, in its capacity as general partner for Nancy Alice Leonard Investment Company, , Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 12 Payee: ANNA CROSSING AMC, LTD. By: ANNA CROSSING AMC GP CORPORATION By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2014, personally appeared Richard M. Skorburg, 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 President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna Crossing AMC, Ltd. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page (13 CITY OF ANNA By: Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 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, Texas. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page (14 ATTACHMENTS Exhibit 1—Subdivision Improvement Agreement (SIA) Exhibit 2 —Hayslett Tract Exhibit 3 —Cunningham Tract SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 15 Exhibit 2 Right -of -Way Dedication 2,033 Square Feet or 0.047Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas StateHlghway No. 5 NoveEhbt5B2093 (100' Right —of —Way) rock road' o� h 0 �I Scale: V"400' Anna Totvn Center No. 4 � SHRP, Ltd. Called 129.92 Acres (Tract 1) Vol. 5631, Pg. 2600, CCLR w F / Rood) v: •� rock•road,•a��a �•' Property Line per Houston & Texas Centea/ Railway Company (Called 200' Right -of -Way) Vol. V, Pg. 603, CUR LINE BEARING DISTANCE L1 N19'48'29"E -- 46.24' L2 S34'53'43"E 28.89' L3 S89035'55"E 59.91' L4 S19'48'29"W 22.16' L5 N8WOO'39"W 84.61' Notes: 1) Survey eras performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013, 4) CM is a controlling monument. 5) Glas capped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit. 7) Right —of —Way for State Highway No, 5 established using Texas Department of Transportation Riaht—of—Way map dated October 1934. Wolfe City, Texas 75496 Office: (903) 496-2084 www. glaslandsurveying. cam 13 W J Exhibit 3 17i�1 P1 • Right -of -Way Dedication 8,470 Square Feet or 0.194 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 94120 M Exhiblt A Anna Town Center No. 4SHRP, Ltd. I Called 129.92 Acres (Tract 1) Vol, 501, Pg, 2600, CCLR S ,ale: i' ioo' Lone Star Gas Easement /� (No Width Specified) Vol. 280, Pg. 242, CCLR Vol. 280, Pg. 246, CCLR Cf [Location based on Gas Alarkers as located in the field] �'ountyRoad 422 Proposed, (Rock Road) Taylor' Drive •d mkr. �L2 IVtlf! 34'J8"W 321.09' � �, C9 b / U O GV U too, 81470 Scl.Ft. or 0.194 Acre / Sw Part of called 19.211 Acre Tract o" Vol 4802, Pg. J431, CCLR o" / Property Line per Houston & o" Texas Control Rai/way Company (Called 200' Right —of --Way) ` �o Vol. V, Pg. 60J, CCLR Property Line per J9.21 J Acre Trocf (Called 100' Right —of —Way) Vol. 4802, Pg. J4J1, CCLR Tommy Cunningham Called 19.211 Acres VoL 4802, Pg. J4J1, CCLR Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on CPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Glas copped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit Called Op doc r / a c o e o0 P G+ LINE B_EARING DISTANCE L1 _ S10'31'22"W 13.27' L2 N89'35'55"W 6.73' L3 N19448'29"E 21e20' 2114 FM 1563, Wolfe City, Texas 75496 Office.' (903) 496-2084 ww►v. glaslandsurveying. cam MRS Firm No, 1019J970 9 well b L O rack/asphalt ctz C9 R=900.00' o L=1 I Ya47' W Tan=55.8 P W 4=7°05'47If Chord=S87°52'48"W Chord Length= 9 91.40' n CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. I4 City Secretary's use only City Council Agenda Staff Report Date: November 13, 2014 Staff Contact: City Manager Exhibits: Yes Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Robert Coates. SUMMARY: The City is working on the design and construction of the Clemons Creek wastewater interceptor line that is necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by Robert Coates. The attached resolution authorizes Staff to commence negotiations, and, if necessary, initiate the use of eminent domain to acquire the needed sanitary sewer easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. Any motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.340 acres of land, more or less, in the Grandison Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas, said tract being part of a called 10.150 acre tract of land as recorded under Document No. 20061011001466600 of the Collin County Land Records, said 0.340 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a sanitary sewer easement." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.340 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and associated facilities to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easement and/or to pursue the easement under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer easement providing limited rights on and under 0.340 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, and/or repair of sanitary sewer lines, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easement to be Acquired 2.01 The necessary permanent sanitary sewer easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.340 acres of real property (the "Easement"), held by Robert Coates and/or others. Said approximate 0.340 acres of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Easement appraised by a certified appraiser, to send the landowners) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 PASSED by the City Council of the City of Anna, Texas, this 13th day of November, 2014. ATTESTED: City Secretary, Natha Wilkinson Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 30`Sanitary Sewer Easemen# 14,789 Square Feet or 0.340 Acre Grandlson Stark Survey, Abstract No. 798 Collin County, Texas August 6, 2014 Exhibit A SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Survey, Abstract No. 798, and being part of a called 10.150 acre tract of land as recorded under Document No. 20061011001466600 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a f—inch iron rod found marking the northwest corner of said 10.150 acre tract and the northwest corner of said premises; THENCE with the north line of said 10.150 acre tract, the north fine of said premises, and partway with the south line of a called 40.5756 acre tract as recorded in Volume 5618, Page 2878 of the Collin County Land Records, South 88'12'02" East, 295.04 feet to a point for comer marking the northeast corner of said premises, from which a �—inch iron rod found morking the northeast corner of said 10.150 acre tract and the northwest comer of a called 7.00 acre tract as recorded under County Clerk File No. 93-0007842 of the Collin County Land Records bears South 88'12'07 East, 41.69 feet; THENCE with the east and south line of said premises as follows; South 00'54'13" West, 30.00 feet; North 88'12'02" West, 265.05 feet; South 0955'25" West, 176.17 feet; South 3W03,55" West, 52.22 feet to a point for corner marking the southwest corner of said premises, being in the wrest line of said 10.150 acre tract and in the east line of a called 39.9944 acre tract as recorded in Volume 5387, Page 468 of the Collin County Land Records; THENCE with the west line of said 10.150 acre tract, the west line of said premises, and partway vrith the east line of said 39.9944 acre tract, North 00'56'18" East, 249.34 feet to the point of beginning and containing 14,789 square feet or 0.340 acre of land. alas Land ,S"ua-Yevin 2114 Fh4 1563 Wolfe Cify, Texas 75496 Office: (903) 496-2084 wlyw, glaslondsurveying. com 000in9 P 1e5CC�R 1 d �g 91ti�b�1. Geoi5021 P apt k Called40 3949944680 °r C CtR dal. C°nnin9h°m & Geeno 71 J 1020,R CCt Tommy colic h1900 POB llp 20060 1/20IRF OpC•if 10DD II II Proposed 20' Temporary Construction Esm P. Proposed 30' Sanitary Sewer £sm 7, i �randi5on .5fa/k �Un�ey, tt-7�8 CountyRoad 421 Rock Road (Under Construction) rvey line Harlan Properties Inc. Col%d 360.545 Acres Doc.# 20121228001650330, CCLR Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on CPS North as observed on July 311 2011 4) CM is a controlling monument. 5) Deed overlap on west line between 19.211 acre tract and 10.150 acre tract. 30' Sanitary Sewer Easement 14,789 Square Feet or 0.340 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas August 6, 2014 Exhlblt Btdo rerun Ce 4pp57 Acres CCLR Calied R2878, Vol. 5ti 18, 9• Anna -I Glas Land ,S'urveying 2114 FM 1563 Wolfe City, Texas 75496 Office: (903) 496-2084 www. glaslondsu/veying. cam 0 5cale.I"=300' LINE BEARING DISTANCE L1 S88'12'02"E 295.04' L2 S00'54'13"W 30.00' L3 N88412'02"W 265.05' L4 S00055'25"W 176,17' L5 S36'03'55"W 52.22' L6 N00656'18"E 249.34' L7 S88'12202"E 41.69' Z J CITY OF ANNA, TEXAS Item No. 15 City Secretary's use only City Council Agenda Staff Report Date: November 13, 2014 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Addison Wilson and/or others for public right-of-way associated with alterations to CR 422. SUMMARY: The City is working on the expansion of CR 422. In order to construct this public roadway project, the City will need to acquire right-of-way across property owned by Addison Wilson. The attached resolution authorizes Staff to complete negotiations, and, if necessary, initiate the use of eminent domain to acquire the subject right-of-way. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. Any motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.123 acres of land, more or less, in the Grandison Starl< Survey, Abstract No. 798, City of Anna, Collin County, Texas, said tract being part of Tract 2, conveyed to Add G. Wilson as recorded in Volume 408, Page 90 of the Collin County Land Records, said 0.123 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for roadway right-of-way." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF RIGHT-OF-WAY PROVIDING LIMITED RIGHTS ON AND UNDER 0.123 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID RIGHT-OF- WAY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to provide for the safe and efficient movement of vehicular traffic, the City of Anna plans to construct roadway improvements to Country Road 422, a public street; and WHEREAS, it is necessary to acquire certain street right-of-way not now held by the City of Anna for such public roadway improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said right-of-way and/or to pursue the right-of-way under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council'), after careful consideration, finds that a public necessity exists for acquisition of right-of-way providing limited rights on and under 0.123 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway improvements, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Right-of-way to be Acquired 2.01 The necessary right-of-way sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.123 acres of real property (the "Right-of-way"), held by Add G. Wilson and/or others. Said approximate 0.123 acres of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Right-of-way identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway improvements. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Right-of-way by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Right-of-way appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the Right-of-way on and under the affected real property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Right-of-way in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Right-of-way. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Right-of-way identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 PASSED by the City Council of Anna, Texas, this 13th day of November, 2014. ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Right -of Way Dedication 51 349 Square Feet or 0.123 Acre Grandison Stan( Survey, Abstract IVo, 798 Collin County, Texas November25, 2093 ExhibitA SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Surrey, Abstract No. 798 and being part of Tract 2, conveyed to Add G. Wilson as recorded in Volume 408, Page 90 of the Collin County Land Records with sold premises being more particularly described as fo(lows: BEGINNIAIG of a Glas capped iron rod sat in khe east right—of—way line of State Highvray No. 5 (100Right—of—Woy) marking the northwest comer of said premises, the southwest comer of a called 14361 acre tract (Tract 4) as recorded under County Clerk File No. 96-0110243 of the Collin County tend Records, being in the north line of County Road 422, and being in the west line of said Tract 2; THEPICE with the north line of County Road 422, the north line of said promises, and the south Tine of said 14.761 acre tract, South 89'00'39" East, 84.61 feet to a Glas capped iron rod set in the est line of the Dallas Area Rapid Transit Railroad (called 100' right—of—way per Tract 2) marking the northeast corner of said premises, the southeast corner of said 14.761 acre tract, and being in the oast line of said Tract 2; THENCE with the west line of said DART line, the east line of said Tract 2, and the east line of sold premises, South 19'48'29" West, 62.66 feet to o Gfas capped iron rod sek marking tfie southeast corner of said premises and being in the south right—of—way line of a proposed road (80' Right—of—Woy); THENCE with the south line of said premises and the south line of said road, North 89'35'55" West, 59.91 feet to o Glos copped iron rod set and South 55'D6'17" Nest, 4D.81 feet to a Glas capped iron rod set in the east right—of—way line of State Highway No. 5 marking the southwest corner of said premises, and being in the west line of said Tract 2; THENCE with the east right—of—way line of State Highway No. 5, the west line of said Trott 2, and the west line of sold premises, Norkh 19'48'29" East, 88.58 feet to the point of beginning and containing 5,349 square feet or 0.123 acre or land. NOTE: Tract 2, conveyed to Add G. Wilson as recorded in Volume 408, Page 90 of the Collin County Land Records colts fvr the DART line to be a 100' right—of—way; however, the deed to Houston &Texas Central Railway Company as recorded in Volume V, Page 603 of the Collin County Land Records calls for the right—of—way to be 2001 0 Y Wolfe/ /) Officeas /(7 496-2084 I / / / / Right -of -Way Dedication 5,349 Square Feet or 0.123 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas State HighWay Noa Novembe � � �2013 (100' Righhtt-of-Way) rock road' �( ./ pQB 0 Q 0 J qTffR.,/N signs Scale: 1 `100' Anna Town Center No. 4�SHRl? Ltd. Called 129.92 Acres (Tract 1) Vol. .5631, Pg. 2600, CCLR CountyRoad 422 (Rock Road) L sign of-- a . rock road, o 4 Property Line per Houston & Texas Centro/ Railway Company (Called 200' Right -of -Way) Vol. V. Pg. 603, CCLR NE ................ B89 ING ._ DISTANCE L 39"E 84.61' L2 S19@48'29"W 62.66' L3 N89635'55"W 59.91' L4 S55'06'17"W 40.81' L5 N19'48'29"E 88.58' Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2011 4) CM is a controlling monument. 5) Glas capped iron rods set at all property corners. 6) DART = Dallas Area Rapid Transit. 7) Right —of —Way for State Highway No. 5 established using Texas DeDartment of Transportation Riaht—of—Wav MOD dated October 1934. Wolfe City, Texas 75496 Office: (903) 496-2084 www.gloslandsurveying, cam 2 W J CITY OF ANNA, TEXAS Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 Joseph Johnson Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract for the construction of the Public Works Parking Area Project. SUMMARY: The parking area for the Public Worl<s facility is in poor condition and should be replaced in order to provide improved access to visitors and ADA compliant access for Americans with disabilities. The facility is located at 3223 N. Powell Parkway. This project will replace the existing gravel surface with concrete. The facility currently houses a maintenance facility and professional offices for Public Works. Planning & Development staff is scheduled to relocate to the facility by the end of November 2014. City staff solicited sealed bids in accordance with State law, and opened said bids on October 301 2014 at 2:00 P.M. Of the five bids received, the low bid was submitted by PWR Concrete, Inc. of McKinney, Texas in the amount of $68,526.00. Our consulting engineer has determined that the company has the experience, equipment, and capability to complete the project satisfactorily. Additionally, our consultant has recommended that the City of Anna accept the bid from PWR Concrete, Inc. and award them a, contract in the amount of $68,526.00. Exhibits are listed below: 1. Award Recommendation Letter 2. Bid Summary 3. Tabulation of Bids 4. Proposed Resolution There are $59,975 available for this Project from the General Fund assigned fund balance. Staff recommends that the Council approve the transfer to the Project of $8,281 available in the FY 2015 Budget contingency appropriation. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute a contract with PWR Concrete, Inc., and approves a contingency appropriation for the Project. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PWR CONCRETE, INC. FOR THE CONSTRUCTION OF THE PUBLIC WORKS PARKING AREA PROJECT, AND APPROVING A CONTINGENCY APPROPRIATE FOR SAID PROJECT. WHEREAS, the parking area for the Public Works facility is in poor condition and in need of replacement (the "Project"); and, WHEREAS, an improved concrete surface would benefit those visiting Public Works and Planning &Development offices through improved access; and, WHEREAS, the Project will comply with accessibility requirements as established by the Americans with Disabilities Act; and, WHEREAS, City of Anna, Texas staff, having solicited competitive sealed bids in accordance with State law, opened said bids on October 30, 2014 at 2:00 P.M.; and, WHEREAS, PWR Concrete, Inc. is the apparent low bidder having submitted a bid of $68,526.00; and, WHEREAS, there are $59,975 available for this Project from the General Fund assigned fund balance; and $8,281 available in the FY 2015 Budget contingency appropriation; and, WHEREAS, the City Council desires to authorize the City Manager to award the Project bid to and execute a contract with PWR Concrete, Inc. for construction of the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contract Award. The City Council hereby authorizes the City Manager to execute the Contract Agreement with PWR Concrete, Inc., attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. Section 3. Contingency Appropriation CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 � �U Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the City Manager to transfer $8,281 from the FY 2015 Budget Contingency Appropriation to the Public Works Facility Remodel Project. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day A November 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 1 CONTRACT AGREEMENT THIS Public Works Parking Lot Contract (hereinafter this "Contract Agreement") entered into this day of 2014 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and PWR Concrete Inc., located in McKinney, ("Contractor"). WITNESSETH: WHEREAS, the City wishes to contract for the project identified as Public Works Parking Lot the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): Pave the parking area at the City's Public Works building in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 2 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall H1�I7iil�iTi1 the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 3 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificates) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Substantial Completion (as defined herein below) of the Project not more than 14 calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes 0 inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City the sum per day (or said per -day sum shall be deducted from the monies due the Contractor) as set forth in the following schedule: AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $25,000.00 $100.00 Per Day $25,000.00 to $991999.99 $160.00 Per Day $100,000.00 to $999,999.99 $240.00 Per Day More than $1,000,000.00 $500.00 Per Day Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, 11 to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents ti� or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension %J time shall be made in wrng to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shalland the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of 68 526. The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10'h calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in the work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within ou calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Section 10. INDEMNITY Except for expenses or liabilities arisinq from the negliqence of the City. the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the -maximum extent permitted by law City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal iniury, accidental death or property damage, and regardless, of whether the allegations are false fraudulent or groundless), and costs (including reasonable attorney's fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a proceeding to enforce this Section 10) which in whole or in part are caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and Persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement. 10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such iniury or damage shall accrue, or may be discovered before or after termination of the Contract. 10.03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). 13.02 One or more changes to the work within the general scope of the Contract, may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a notAo-exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: 1. For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs 1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. =Subtotal of Costs to the Contractor + Contractor's Overhead and Profit =Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that sUCH termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01, 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificates) of insurance and endorsements) before City signs this Contract Agreement, 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. ��i�•Ti�iF��3�aJX��:7=C��1.��� All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for aCity-issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: Section 23, ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any persons) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Philip Sanders, City Manager ATTEST: Natha Wilkison, City Secretary (SEAL) PWR Concrete, Inc. BY: ATTEST: SECRETARY (SEAL) (name and title of authorized representative) BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR,, P.E. JOSEPH T. GRAJEWSKI, 111, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Joseph Johnson Director of Public Works City of Anna I I I North Powell Parkway Anna, Texas 75049 Dallas, Texas 75243 Fax (214) 461-8390 Phone ( ) 361-7900 Re: Public Worlcs Building —Parking Lot Construction Dear MI•. Johnson: November 5, 2014 We have checked the bids received at 2:00 p.m., Thursday, October 10, 2014, for the Public Worlcs Parking Lot project. PWR Concrete,of McKinney, Texas submitted the low bid in the amount of $68,526.00: The statement of qualifications and references provided shows that PWR Concrete, Inc. has a record of satisfactorily completing similar projects. Based on the information provided and our check of references, it is our opinion that PWR Concrete, Inc. has the experience, equipment, and capability to complete this project and that the City accept the bid from PWR Concrete, Inc. and award them a contract for the amount of $683526900 We are available to discuss our recommendation further at your convenience. Sincerely, r, L� �G'X Craig M. Kerkhoff, P.E. Enclosures cc: Mr. Philip Sanders TBPE Firm S26 TBPLS Ftrm 100318-00 ACEC GVellness Firm � Better Decisions -Better Designs j:\clericallanna\I-general services\4007-city projects\I72-public works site paving\IettersUdbid review lettecdoae CITY OF ANNA, TEXAS Public Works Parldng Lot BID SUMMARY Bids Received at 2:00 p.m., Thursday, October 30, 2014 Contractor 1. PWR Concrete, Inc. P.O. Box 1514 McKinney, Texas 75070 2. RKM Utility Services, Inc. 1805 Royal Lane, Suite 107 Dallas, Texas 75229 3. KT Contracting, LLC 7306 CR 410 McKinney, Texas 75071 4. Quality Excavation, Ltd. 958 U.S. Hwy. 377 South, Suite 200 Aubrey, Texas 76227 5. Lynn Vessels Construction, LLC P.O. Box 1212 Sherman, Texas 75091 Total Amount Bid $ 68,526.00 E� 1 111 11 $ 99,971.35 $ 99,992.00 $ 108,580.80 Bid Bond Personal Check #5079 for $3,426.30 No Bid Bond No Bid Bond No Bid Bond Bid Bond (5% G.A.B.) :\ClericalWnna\I-General Services\A007-City Projects1172-Public Works Site Paving\Bid Does By Cily of Anna\P&BS-2.xlsx ],E , ) 00 e t ! / )2Ll ! 2 k y ; \\ ] )(] \{$ ! \ 3)® i) k �C4 ) B ]/ } 06 »§ } )�) 2 »)/ ) C4 ! \ R ® ),6 ! �j\ ) \�} ; � & \ ] )§ } dq9 2 , 04 - \ : ` \ * u d ) uj §»cei w a @ » Fa / / \) �� }) !& § \ \ \ CITY OF ANNA,TEXAS Item No. 17 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing a Request for Qualifications (RFQ) for architectural services. SUMMARY: The fiscal year 2015 budget includes funding to select a qualified architect to develop conceptual designs for a new city hall facility based on the recently updated facilities needs assessment. Funds for this project will come from the General Fund unrestricted Fund Balance. The Request for Qualification (RFQ) attached with this Resolution would solicit statements of qualifications from architectural firms interested in provided design services for a new city hall facility. With the assistance of Melissa Brand-Vol<ey of BV Architects, Staff will review the RFQ's and make a recommendation to the City Council regarding the selection of an architect and a contract for services. BV Architects was hired by the City to develop the facility needs assessment. Responses to the RFQ will be due in December, and we anticipate making a recommendation to the Council in January. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION AUTHORIZING A REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURAL SERVICES. WHEREAS, he fiscal year 2015 budget includes funding to select a qualified architect to develop conceptual designs for a new city hall facility based on the recently updated facilities needs assessment; and WHEREAS, funds for this project will come from the General Fund unrestricted Fund Balance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization of RFQ The City Council hereby authorizes the City Manager to issue the Request for Qualification for architectural services, attached hereto as Exhibit 1, and incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn day of November 2014. • • • .Z�1�L=L Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 Request for Qualifications for Pre -Design Services for a New City Hall City of Anna, Texas Date November 14, 2014 Due Date December 117 2014 at 3:00 pm The City of Anna is seeking a consultant to assist in the design and construction of a New City Hall. As part of this project the City would like the consultant to assist in the exploration of development options which could include working with a developer and/or a stand-alone building. 1. Background The City of Anna has an estimated current population of 11,000 up from 8,100 in 2010. An updated Space Needs Assessment was completed in February of 2014. This study indicated the City will need a City Hall of approximately 30,000 SF as it grows to 25,000 population which is estimated to be in 2025. An additional 7,000 SF would be needed for the 50,000 population milestone. 2. Scope Pre -Design Services 1. Review Space Needs Assessment and Provide Program of Spaces and discuss adjacencies and flows in City Hall. 2. Meet with City and possible Developers to discuss options the city might explore. 3. Provide two to three conceptual designs as directed by city. 4. Provide opinions of cost for these options. 5. Provide images of selected option for Bond Elections information as needed. Continued Services Once bond approval or other method of financing is secured, the city may elect to provide written notice to the consultant to provide continued services for design and construction. A continuing contract will be negotiated at that time. 3. Criteria The purpose of this RFQ process, is to identify qualified firms that are the most capable of providing the described services. The RFQ submittal should be organized to clearly address the following criteria which, among others, will be used in the evaluation of qualifications: • Prior experience with public sector clients for projects of similar scale and complexity • Professional qualifications of individuals assigned to the project • Design philosophy and approach to design in general • History of effective schedule and budget management for project of similar scale and complexity • Use of the processes that creatively engage the various City departmental staff and other stakeholders in all stages of design • Commitment to developing an energy efficient and healthy building The contract will be awarded to the most responsible firm whose proposal will be, on an overall basis, most advantageous to the City of Anna. Qualifications, experience, and performance factors will be considered as elements of a responsible proposal, the determination of which shall be at the sole discretion of the City of Anna. The City's selection decision is not subject to recourse action. 4. RFQ Response Format Each response shall be submitted as outlined in this section. Please include an outside cover and/or first page, the name of the Project, responding company and the contact for this RFQ. A table of contents should be next, followed by dividers separating each of the following sections: a. Divider #1: Cover Letter The first page following the divider shall be a letter transmitting the response to the City. At least one copy of the transmittal letter shall contain the original signature of a partner, principal, or officer of the Respondent. b. Divider #2: Firm Information 1) Firm name, addresses, and telephone numbers of all firm offices. a) Identify which office in which the majority of the work will be done 2) Structure of firm, i.e., sole proprietorship, partnership, corporation, and size of firm. 3) Years firm has been in business. 4) Names of principals in firm. 5) Primary contact for this project and location of this person 6) Documentation that the firms on the Architect's team (architects and engineers) are registered in the State of Texas. 7) A brief history of the Architect and the services routinely provided in-house on municipal (or related) building projects. 8) An organization chart that explains team member responsibilities and location. 9) The resumes of all persons to be assigned to the project with their prospective roles identified. 10) Provide Information on proposed consultant firms and resumes of key personal. c. Divider #3: Legal Status, Contract and Insurance 1) List any actions taken by any regulatory agency against or involving the firm or its agents or employees with respect to any work performed. 2) List all litigation against or involving the firm or its agents or employees with respect to any work performed. 3) All insurance coverage that the firm has which would be applicable to the work. 4) The Professional Services Agreement attached in the Appendix will be the one used for this project. Please note in this section any issues or exceptions you will request. d. Divider #4: Experience and References 1) Discussion of Architect's experience in working with Government Agencies. 2) List of representative Municipal (and Governmental) projects, whether ongoing or completed, including references. Please begin with projects in Texas. For each, please provide: i. Project name and location ii. Year completed . Short description of project iv. Names, addresses, and phone numbers of owner and contact person tasked with daily responsibilities of project. 3) List of all projects currently under contract or awarded approximate construction value and phase they are in. e. Divider #5: Management and Organizational Approach —please describe your management and organization approach to the project. The following should be addressed within this description: 1) ' Please describe your firms understanding of the project. 2) Describe how the firm will organize to perform the services. 3) Describe how the firm will solicit in the design phases the interested stakeholders. This could include community residents, City Council, staff and users. 4) Describe the architectural team's approach to communication with the City. 5. Submittal Deadline The City will accept Responses to this RFQ until 3:00 pm on December 11th, 2014 after which time all Responses timely received, will be publicly opened, and the names of the Respondents read aloud. Responses received after that time will not be considered and will be returned unopened. Page 3 of 4 6. Place for Submission: One (1) original and five (5) copies and one (1) electronic version of the Responses must be submitted to the following address by mail or in person as follows: City of Anna Attention City Secretary 111 North Powell Parkway Anna, Texas 75409 (972) 924-3325 Responses will not be accepted by email or facsimile. It is the responsibility of each Respondent to make sure Responses are submitted in a timely manner. The City is not responsible for delays in mail delivery, or failure of couriers to deliver Responses prior to the expiration of the deadline for submission. The City shall not be obligated to reimburse any expenses incurred by the Respondent in preparing a Response, which is not accepted or considered. 7. Please refer Questions by email or phone to the City's RFQ Coordinating Consultant: Melissa Brand-Vokey B/V Architects mbv@bv-arch.com (972) 741-3705 Email intent to respond to mbv@bv-arch.com to be included in pre -submittal correspondence. 8. Reservation Of Rights, Terms and Conditions This RFQ does not commit the City of Anna, Texas to award a contract, to pay any costs incurred in the preparation of proposals to this request, or to proceed with design and/or engineering services. The City of Anna reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part, or in its entirety, the Request for Qualifications if it is in the best interest of the City of Anna. The City may require the selected candidate to participate in negotiations, and to permit such price, technical or other revisions of their proposals that may result from said negotiations. 9. Appendix A. City Hall portion of the 2014 City of Anna space needs assessment B. Proposed Professional Services Agreement. Anna Citywide Needs Assessment Update T naI City Hall 15,000 Area Additional 25,000 Additional 50,000 Staff Requirements Staff Area Requirements Staff Area Requirements City Hall Public Lobby 1 1,470 0 390 0 585 Council/Courtroom 0 2522 0 1,648 0 780 Court Administration 3.5 1,413 0 104 1.5 100 Utility Billing/Cust. Service 2 798 1 - 1 100 City Manager 3 15812 0 - 2 546 Economic Development 2 572 0 2 559 Personnel 1 312 2 754 1 270 Information Services(IS) 1 312 0 364 0 Finance 4 1,360 1 187 3 608 City Secretary 1 13001 1 837 1 270 Recreation Administration 0 - 2 620 0 - Development Services 7 2,685 1 130 0 260 Health/Code Department 1 169 3 681 2 364 Building Support 0 1,942 0 0 1,006 26.5 163368 11 5,716 13.5 5,450 30% Building Circ. Factor 4,910 15715 1,635 Total City Hall Square Footage 215279 71431 7,084 Total City Hall 27 21,279 11 7,431 14 7,084 Total City Hall 26.5 21,279 38 28,710 51 35,794 Future Courts Court Administration 2 356 Court Lobby 0 11802 Courtroom 0 3,882 2 6,040 40% Building Circ. Factor 2,416 Total Courts Square Footage 2 81456 Total City Hall and Future Coma 53 44,250 February 2014 Requirements Data Slicet ublic Lobby Vestibule Lobby w/ waiting (30) Display Pa)rnent/lnfo Kiosk Infonnation/Switchboard T Voting Machine Storage Toilets (2 stalls) Cotine il/Comtrooin Conference (4) Sound/Security Vestibule Seating (30-80 Seats) Council Dias (7+2)/ Judge Staff Tables Television/AN Control Exec Conf/ Jury Kitchenette _ Storage et Subtotal )% Circulation �tal Gross Sq. Footage Council Room (950 SF) Users to Ih Accommodated Anna Citywide Needs Assessment Update Public Lobby/Council/Court Current Space Unit Unit Staff Code Size Area 80 30 2x10 20 25 WS5 M 108 9x12 108 165 10 120 100 20 20x40 800 200 80 30 _ - -- 80 72 150 54 15000 Poulation 25 ,p,000 50,000 Are a Requirements Add'1 Area Req. Add'I Area Req, No. Total j No. Total No. Total Staff Spaces Area Staff Spaces Area Staff Snaces Area 1 100 - 30 600 20 400 0.5 400 0.5 400 1 200 1 80 12 360 4 120 1 80 - — 1 2 14+ � e�� i ceo won February 2014 �� 15000 Poulation 25 ,p,000 50,000 Are a Requirements Add'1 Area Req. Add'I Area Req, No. Total j No. Total No. Total Staff Spaces Area Staff Spaces Area Staff Snaces Area 1 100 - 30 600 20 400 0.5 400 0.5 400 1 200 1 80 12 360 4 120 1 80 - — 1 2 14+ � e�� i ceo won February 2014 �� Requirements Data Sheet Anna Citywide Needs Assessment Update Court Administration/Utility Billing 15,000 Population 259000 50,000 Arca Requirements Add'1 Area Req. Add'I Area Req. Current Space Unit Unit No. Total No. Total No. Total ;m Description I Staff Code Size Area Staff Spaces Area Staff Spaces Area I Staff Spaces Area ourt Administration Queuing Area Clerk Window 1 10 80 10 100 - 1 2 160 - - - Work / Copy/Scan 80 1 80 - - Records 80 1 80 1 80 - Clerk WS3 7x8 77 - 1 ] 7 Warrant Officer WS5 9x9 108 0.5 1 108 - 0.5 - Administrator PO4 12x15 180 1 1 180 - - Juvenile Records Storage Break (Share with Cast Serv) 25 80 120 1 25 - 1 80 1 120- - Judge 0.5 WS3 7x8 77 0.5 1 77 I - Prosecutor 1 0.5 WS3 7x8 77 _ __ ... 0.5 1 77 -1 ..-- - 30% Circulation Total Gross Sq. Footage Court Administration Total at 50,000 ICust. Service Queuing Area rust Service Rep. Window rust. Serv. Super. rust Service Rep. Work/Copy 30% Circulation Total Gross Sq. Footage Utility Billing/Cust. Service i Total at 50,000 Perk Users to be Accommodated 2 I 13.5 1,026 80 1.5 23 1,413 1,413 3.5 1 80 1 2 160 1 - - 1 PO3 12x12 144 1 1 144------------------- - - WS3 7x8 77 - - 1 1 77 80 1 80 50 1 50 - - - 80 1 80 - - 2 2.0 614 1.0 - 1.0 77 184 - 23 798 - 100 2.0 798 1.0 - 1.0 100 798 4 898] February 2014 Anna Citywide Needs Assessment Update City Manager and Economic Development Requirements Data Shect ItemDescription Current Staff Space Code Unit Size Unit Area 15,000 Population Area Requirements No. Total Staff Spaces Area 25,000 Add'l Area No. Staff Spaces Req. Total Area 50,000 Add'I Area No. Staff Spaces Req. Total Area City Manager Waiting 20 5 100 - - AdminAsst 1 WS6 9x12 144 1 1- Asst to CM 0.5 WS6 9x12 144 1 1 144 - - Files City Manager Coat Closet PO6 PO5 PO4 -- - 15x22 12x20 12x15 14x24 l Oxl2 50 330 6 240 180 336 120 60 72 80 1 1 1 1 1 1 2 1 50 330 6 - - 336 60 144 80 - 1 - - - - Deputy City Manager Public Information Officer Conference (12) Work/Copy( at City Sec.) CoMe/Coats - 1 1 240 - 1 1 180 - - - - - - Toilet (Single) - - - - - Storage/files Net Subtotal 2.5 1 0.5 3.0 1,394 - 2.0 420 30% Circulation Total Gross Sq. Footage City Manager Total at 50,000 Economic Development Economic Dev. Director Assistant Waiting Cont' (access to) 418 - 126 PO5 WS4 12x20 7xl0 240 100 20 50 80 L812 - 546 3.0 11812 - 2.0 5 546 2,358 1.0 1 240 - 1 2 200 2.0 2 5 1 - - 1 - 2 00 100 i 50 80 Files Storage _ Net Subtotal 1.5 2.0 440 - 2.0 430 30% Circulation Total Economic Development Total at 50,000 132 - 129 572 - 559 2.0 572 - 572 2.0 4 559 11131 reap users to ce Accommotlatetl February 2014 Requirements Data Shect .pry �ecreraiy Waiting Public Records Review City Secretary City Room Mayor's Office Asst. City Secretary Admin. Assistant Files FireproofFile Storage Work/Copy (shared) Storage det Subtotal Anna Citywide Needs Assessment Update City Secretary and Recreation 15,000 Population 259000 509000 Area Requirements Add'I Area Req. Add'1 Area Req. Ctnrent Space Unit Unit No. Total No. Total No. Total Staff Code Size Area Staff Spaces Area Staff Spaces Area Staff Spaces Area I 20 WS2 7x7 70 P05 12x20 240 500 P03 12x12 144 WS6 9x12 144 WS5 9.x9 108 100 _ 120 120 60 3 60 - 1 70 1 1 240 _...._..............._...... i _. 1 -` 500 - - - - - - 1 1 108 - 1 1 144 - 1 1001 1 120 - 1 120 - 1 60 ' SEEMS 1.0 770 1.0 644 1 100 1 1.0 208 % Circulation 231 193 62 Total Gross Sq. Footage City Secretary Total at 50,000 Recreation Administration Coordinator Storage 'Res !et Subtotal % Circulation otal Recreation Administration Total at 50,000 Perak Users to be r\ccommod�ted 20 PO4 12x15 180 WS3 7x8 77 60 60 1 —_, --- 5 - 1 1 1 .. I 60 60 477 143 620 2,109 Anna Citywide Needs Assessment Update Personnel and Information Services Requirements Data Sheet 15,000 Population 25,000 50,000 Area Requirements Add'1 Area Req. Add'] Area Req. Current Space Unit Unit No. Total No. Total No. Total Item Description Staff Code Size Area Staff Spaces Area Staff Spaces Area Staff Spaces Area Personnel Waiting/Application WS5 9x9 20 108 5 100 . 1.0 1 - 108 Admin Assist Personnel Coordinator 0.5 PO2 1 Ox12 120 1 1 120 - Files 100 1 100 1 100 Director/Manager Analyst Storage PO5 PO2 12x20 1Ox12 240 120 80 1 1 240 - 1 1 1 - 120 80 - ! 0.5 ID Photo/Security 60 - 1 60 Net Subtotal 1 1.0 240 2.0 580 1.0 208 30% Circulation 72 174 62 Total 312 754 270 Personnel 1 312 2.0 754 1.0 270 Total at 50,000 4 1,336 Information Services(IS) Network Administrator Work Room Techs Server Room PO4 1 Ox14 140 1 1 140 - - 200 WS4 8x8 88 100 - 1 200 - 1 100 - - - Storage 80 1 80 - Net Subtotal 1.0 2401 280 1- 30% Circulation 72 84 Total 312 364 - Information Sc mices(IS) 1 312 364 Total at 50,006 676 1 676 OPeak Users to be Accommodated February 2014 Anna Citywide Needs Assessment Update Finance Requirements Data Sheet Item Description Current Staff Space Code Unit Size Unit Area 15,000 Population Area Requirements No. Total Staff Spaces Area 255000 Add'1 Area No. Staff Spaces Req. Total ! Area ! 509000 Add'l Area No. Staff Spaces Req. Total Area Finance Wafting Acct. Clerk 1 Conf(8)/Audit Director of Finance Accountant Budget Purchasing Agent/Files� Cash Count/Safe Storage Files Net Subtotal 30% Circulation Total WS4 P05 P03 P03 P03 7x10 llxl8 12x20 12x12 12xl2 12xl2 20 100 198 240 144 144 144 80 80 80 1 1 1 1 3 60 1 100 1 198 1 240 1 144 1 144 1 80 1 80 1 1 144 - - - - LO 1 1 1 1 1 1 1001 144 144 80 0.5 1 0.5 2 4 1,046 1 144 3.0 468 314 43 140 15360 187 608 Finance 4 1,360 1.0 187 L547 3.0 8 608 25155 Total at509000 - LI OPeak Users to be AccommocLited February 2014 Anna Citywide Needs Assessment Update Development Services &Health/Code Requirements Data Sheet Item Description Space Code Unit Size Unit Area 15,000 Population Area Requirements No. Total Staff Spaces Area 25,000 Add'1 Area No. Staff Spaces Req. Total Area Add'l Staff 50,000 Area Req, No. Total Spaces Area Current Staff Development Services 1 0.5 WS6 PO5 PO4 336 14x24 9x12 12x20 12xl5 20 336 144 200 80 240 180 5 100 - Waiting - Conference (12) 1 336 - Adrnh Asst./Clerk 1 1 144 - - Files (300 new bldg) 1 200 - 1 200 Copy/ Plotter 1 80 - - Director ofDev. Services 1 1 240 - - Planners 2 2 2 360 - - Sr. Planners PO4 12xl5 180 1 1 180 - Building Official 0.5 PO5 IWO 240 1 1 240 - - Tech Coffee/Coats Supplies/Storage WS4 7x10 100 1 1 100 1 1 100 - 25 60 1 25 - - 1 60 - - 1.0 100 30 200 60 Net Subtotal 30 0 Circulation Total Gross Sq. Footage Development Services Total at 50,000 4 7.0 2,065 620 25685 130 260 WS6 9x12 144 7W 21685 1.0 130 8.0 2,815 8 _ 3,075 Health/Code Department Adrah Asst. - 1 1 144 - Code Enforcement WS4 7x10 100 1 1 100 1 1 100 1 1 100 Sanitarian/Inspector PO4 12x15 180 - 1.0 1 180 1 1 180 Lab/Storage Files Net Subtotal 30% Circulation Total Gross Sq. Footage 100 1 100 - 30 1 30 - - 1.0 130 3.0 524 2.0 280 39 157 84 169 681 364 Health/Code Department Total at 50,000 1 169 3.0 681 2.0 6 364 13214 - w O Peak Users to be Accommodated February 2014 Anna Citywide Needs Assessment Update Building and Staff Support Requirements Data Sheet )Peak 15,000 Population 25,000 50,000 Atka Requirements Add'1 Area Req. Add'1 Area Req, ' Current Space Unit Unit No. Total No. Total No. Total ItemDescription Staff Code Size Area Staff Spaces Area Staff Spaces Area Staff Spaces Area Building Support Break 20 20 400 - 10 200 i Kitchen/Vending 80 1 80 Storage 60 1 60 Toilets (2Stalls) 162 2 324 - 2 324 i! 1 Central Copy/Mall 100 - 1 100 Mechanical 200 1 200 - Central Electrical Sprinkler General Storage 80 60 150 1 80 1 60 1 150 - - 1 150 Building Control/Engineer 60 1 60 - - Central Janitor 80 1 80 - - �Net Subtotal - 1,494 - - - 774 �30% Circulation Total 448 - 232 1,942 - 1,006 Building Support 0 1,942 0 0 0 11006 Total at Milestones 1,942 0 21948 I, IT "IT, IT I, IT I I IT I I I I I I I I I I I I I r I 1-,T. I, I, T, IT ,TrrT I IT IT IT T, IT T T, I I I I I I I I I L TI IT IT TTIR IT IT IT IT ITTI ITTI IT IT TI IT IT I T IT IT I I r I I r f 7 ?111 ITT, T, T, I IT ITT, T,T,p, IT IT IT,T IT IT ITT, IT IT I I IT IT I L IT IT IT IT TI IT I, IT ITT* *I IT *TTT I, I rT r rT r -- —----------- I I I I I ITT1 - — - — q - - a Users to be Accommodated February 2014 Anna Citywide Needs Assessment Update Future Courts Addition Requirements Data Sheet ItemDescription Space Unit Unit Code Size Area 15,000 Population 25,000 50,000 Area Requirements Add'[ Area Req. Add'I Area Req, No. Total No. Total No. Total i Staff Spaces Area Staff Spaces Area Staff Spaces Area Current Staff Future Court Addition Lobby Vestibule 80 - - 1 80 Lobby w/ waiting (30) 30 - - 30 900 Toilets (3 stalls) 198 - - 2 396 Drinking Fountain 10 - - 1 10 Net Subtotal - - 13386 30% Circulation - - 416 Total Gross Sq. Footage - - 1,802 Future Court Addition Lobby - - 1,802 Total at 50,000 1,802 Future Courtroom Conference (4) Sound/Security Vestibule Sign In desk Seating (60 Seating) Court Well 120 - - 2 240 100 - - 1 100 WS 1 3x6 36 15 1000 45 25 11x16 176 PO5 12x20 240 80 72 - - 1 36 - - 60 900 - - 1 15000 A/V /storage Divider Storage Conf(8)/Jury(6) Judge Office - - 1 45 - - 1 25 - - 1 176 - 1 240 �_ 1 80 - 2 144 -- - 3 2,986 'T 896 ; 3882 - - 39882 i Storage To�7et (Single) - Net Subtotal 30% Circulation Total Gross Sq. Footage Future Courtroom Total at 50,000 3,882 j OPeak Users to be Accommodated February 2014 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("this Agreement") is made and entered into as of the day of , 2014, by , called 'CONSULTANT" and the City of Anna, a Texas home rule municipality, hereinafter called "OWNER," each acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, who shall at all times act only in the capacity of an independent contractor, and CONSULTANT hereby agrees to perform the services described herein in connection with the Project as stated in this Agreement, with diligence and in accordance with the professional standards customarily applicable to such services in the State of Texas. The professional services set out herein are in connection with the following described Project: Project: Pre -design Services for a new City Hall The Project is generally described as pre -design architectural services in connection with the exploration of development options for construction of a new city hall for the City of Anna, Texas, and shall include all services to be performed by CONSULTANT as set forth in this Agreement. ARTICLE 2 SCOPE OF SERVICES For the fixed price set forth in Article 5 of this Agreement, CONSULTANT shall perform architectural and consulting services in connection with the Project and in accordance with the 'Program" attached to this Agreement as Exhibit A, and as revised by mutual written consent of CONSULTANT and OWNER from time to time in accordance with this Agreement. Said architectural services include the following. Said Program is incorporated herein as if set forth in full. (Scope of Services to be inserted here as negotiated between OWNER and CONSULTANT) ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT not described in Article 2 of this Agreement ("Additional Services") must be authorized by OWNER. Such additional services are not included in the fixed price set forth in Article 5 of this Agreement and may only be performed under a separate written agreement or under one or more individual task orders in accordance with the hourly fees set forth in Article 5, C. of this Agreement. If such services are performed under task order(s), the terms of this Agreement shall apply to such services. ARTICLE 4 SCHEDULE AND PERIOD OF SERVICE PROFESSIONAL SERVICES AGREEMENT Page 1 of 7 A. This Agreement shall become effective as of the date first written above and shall remain in force for the period which may reasonably be required for the completion of the Project, including completion of any Additional Services, if any, and any required extensions approved by OWNER. B. CONSULTANT agrees to perform the various services set forth in this Agreement according to the Schedule of Services set forth in Exhibit B attached to this Agreement. The time periods set forth in said Schedule of Services shall not be exceeded by CONSULTANT, except to the extent that OWNER causes the delay or suspends the Project. Time is of the essence in this Agreement, and to the extent that CONSULTANT anticipates any delay in the provision of any of the services under this Agreement, CONSULTANT shall as soon as practicable notify OWNER of same in writing and an amendment to the schedule referenced above may be made by mutual consent. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: For and in consideration of the professional services to be performed by CONSULTANT under this Agreement OWNER agrees to pay the fixed total sum of plus reasonable out-of-pocket expenses actually paid to be reimbursed at actual cost, including copying and printing costs, postage and delivery services, and presentation materials if requested by OWNER. CONSULTANT shall promptly notify OWNER in writing if such out-of-pocket expenses exceed $500. B. BILLING AND PAYMENT: Partial payments to CONSULTANT will be made within 30 days of receipt of detailed monthly invoices rendered to and approved by OWNER through the City of Anna City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the unpaid value of the work performed at the time a statement is rendered. The value of work performed will be calculated by a percentage complete of the total fixed sum set in Article 5(A). CONSULTANT bears total and sole responsibility for making any necessary and appropriate payments to additional consultants or subcontractors from the amount(s) paid by OWNER to CONSULTANT directly. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactoryI as reasonably determined by the City Manager or his designee, or for any work which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payment by OWNER for any charge, expense, or reimbursement above any fixed or maximum not -to -exceed fee as stated in this Agreement or any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City Manager or his designee and shall be diligent in seeking such authorization when necessary to perform services under this Agreement. With respect to the services to be performed under Article 2 of this Agreement, the prior written authorization referenced above may be in the form of a notice to proceed with such services delivered by post, hand delivery, facsimile or electronic mail. PROFESSIONAL SERVICES AGREEMENT Page 2 of 7 C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER as set forth in Article 3, CONSULTANT shall be paid based on an hourly basis at a rate to be determined in advance and agreed to in writing by OWNER and CONSULTANT. Payments for additional services shall be due and payable within 30 days of invoicing by CONSULTANT, and shall be in accordance with paragraph B of this article. Statements shall not be submitted more frequently than monthly. D. DELAYED PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 60 days after receipt of CONSULTANT's undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1 %) per month from the said 60'h day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5. ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors oI subconsultants) pursuant to this Agreement shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project and Program, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, with no right of indemnification against CONSULTANT, notwithstanding any other provision of this Agreement. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. PROFESSIONAL SERVICES AGREEMENT Page 3 of 7 ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as independent contractors, not as employees of OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION CONSULTANT will submit copies of documentation supporting all reimbursable expenses for OWNER's review. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify and hold harmless OWNER and its officers, agents, and employees from and against any and all damages and expenses, including, but not limited to court costs and reasonable attorney fees and related expenses incurred by OWNER, arising from an act of negligence, intentional tort, intellectual property infringement, or failure to pay any subcontractor, or any supplier committed by CONSULTANT, CONSULTANT'S agent(s), another consultant under contract, or another entity over which CONSULTANT exercises control. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $500,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. PROFESSIONAL SERVICES AGREEMENT Page 4 of 7 CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by OWNER of the Project shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: (Insert Name & Address) To OWNER: City of Anna c/o City Manager P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing, whichever occurs first. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 PROFESSIONAL SERVICES AGREEMENT Page 5 of 7 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — Program Exhibit B — Schedule for Services PROFESSIONAL SERVICES AGREEMENT Page 6 of 7 B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue and jurisdiction of any suit or cause of action arising from or relating in any manner to this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. E. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. F. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, OWNER has caused this Agreement to be executed by its duly authorized representative, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer to be effective as set forth earlier in this Agreement. CITY OF ANNA By: Philip Sanders, City Manager (CONSULTANT) By: (Insert Name and Title) PROFESSIONAL SERVICES AGREEMENT Page 7 of 7 CITY OF ANNA, TEXAS Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 14, 2014 Chief Jenks Contract amendment AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement for Child Abuse Investigation Services Law Enforcement Services. SUMMARY: Crimes involving victims younger than 17 years of age are often special cases requiring a particular expertise. The Child Advocacy Center of Collin County is specially trained and equipped to conduct these types of investigations for us and does so via this agreement. The cost charged by the CAC for these services is $7,500.77 per year. You may recall that we previously approved an agreement, minus Section 7.01, Civil Liability. The County advises that they prefer not to amend their agreement by removing the objectionable language on Civil Liability. At the current time, the Police Department prefers to continue using the Child Abuse Task force to investigate those cases involving juvenile victims and prefers to live with this agreement as the County wishes. STAFF RECOMMENDATION: Approve the Resolution amending/extending the Animal Services/Shelter agreements with Collin County. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS EXTENDING AN INTERLOCAL AGREEMENT FOR CHILD ABUSE TASKFORCE SERVICES 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 with Collin County for Child Abuse Investigation Services; WHEREAS, Child abuse investigations generally require a training and expertise that is specialized in nature; and WHEREAS, the City Council, by vote, approves the Interlocal Agreement between the City of Anna and Collin County for Child Advocacy Center and Child Abuse Taskforce services 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 by the City Council of the City of Anna, Texas on this day of November, 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1 INTERLOCAL AGREEMENT: CHILD ABUSE, INVESTIGATION SERVICES, LAW ENFORCEMENT SERVICES THIS AGREEMENT is entered into on October 1, 2014, by and between the City of Anna (the "City") and the Collin County, a political subdivision of the State of Texas (the "County"). Recitals WHEREAS, County performs law enforcement functions within Collin County. WHEREAS, the City desires to obtain certain law enforcement services from the County that the City is authorized to provide. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes units of local government to contact with one or more units of local government to perform government functions and services, and NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows: Article I Definitions 1.01 Law Enforcement Services The term "Law Enforcement Services" means all services necessary for the County to provide the reporting, investigating and filing charges for special crimes. 1.02 Special Crimes The term "Special Crimes" means criminal offenses, relating directly or indirectly, whereby the victim is less than 17 years of age and the crime is determined to be a State Jail Felony or above. Lower offenses may be worked with the approval of both parties. Article II Term 2.01 Term The term of this Agreement shall commence on October 1, 2014, and shall continue in full force and effect for a period of five (5) years thru September 30, 2019. 2.02 Termination Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. The parties agree that this Agreement will terminate immediately should the City not have an operating Police Force. Article III Services and Service Fees 3.01 Services The County agrees to provide all law enforcement services relating to Special Crimes as described in Paragraph 1.02 of this Agreement. City shall pay for Sexual Assault Exams (Normally, these Fees are reimbursed to the City, by the State of Texas) if required in addition to the Fees annotated in section 5.01: Law Enforcement Service Charge. Additional unusual investigative fees, upon City approval in each case, may be charged if required for prosecution. 3.02 Manner of Providing Services The Law Enforcement Services shall be provided by the County in the same manner and within the same response times as such services are provided by the County within its jurisdiction. 3.03 Use of Additional Personnel The County may utilize the services of individuals whose duties and responsibilities are related to detection, investigation and/or prosecution of violations associated with offenses described in paragraph 1.02 of this Agreement. Article IV Exclusivity of Service The parties agree that the County may contract to perform services similar or identical to those specified in this Agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. Article V Compensation 5.01 Law Enforcement Service Charge The payment is based upon the population estimates of the City and that population is based on the most recently published figures obtained from the North Central Texas Council of Governments. Law Enforcement Fees may be adjusted within the Five (5) year period as needed, if deemed necessary due to population increase. On an annual basis, the City will pay $7,500.77 to the County for providing the above mentioned services. The City will continue payment for any and all charges for services not described in this Agreement. County will invoice City each year for total amount due. Article VI Notices 6.01 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 Sates mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 6.02 All communications provided for in this Agreement shall be addressed as follows: if to the County, Copy to: County Purchasing Agent if to the City, to: Or, to such person at such other address as may from time to time be specified in a notice given as provided in this Section 9. Article VII Miscellaneous 7.01 Civil Liability Any civil liability relating to the furnishing 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 fi•om 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 County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. 7.02 Amendment This Agreement shall not be amended or modified other than in a written agreement signed by the parties. 7.03 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. 7.04 Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement. 7.05 Counterparts This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. 7.06 Exclusive Right to Enforce this Agreement The County and the City have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce 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 Title: County Judge Date: "CITY" TEXAS CITY OF ANNA,TEXAS Item No. 19 City Secretary's use only City Council Agenda Staff Report Date: $toff Contoct: Exhibits: November 13, 2014 City Manager AGENDA SUBJECT: 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: SUMMARY: 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); bo 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; ce 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 Annual Review and Update; City Manager Annual Review; Boards and Commissions. (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. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 20 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for November 13, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. ��9►�ilJilel:�'ii STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 2I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: November 13, 2014 City Manager