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HomeMy WebLinkAboutCCpkt2021-01-12AGENDA City Council Meeting THF. CITY OF nha Tuesday, January 12, 2021 @ 6:30 PM Sue Rattan Elementary School 1221 S. Ferguson Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on January 12, 2021, at the Sue Rattan Elementary School, Located at 1221 S. Ferguson Pkwy, to consider the following items. Welcome to the City Council meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing and any item that is not on this meeting agenda. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland _annatexas.gov) by 5:00 PM so it may be read into the record. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. Reports. 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. a. Congressman Pat Fallon to speak with Council b. Recognition of out going Deputy Mayor Pro Tern John Beazley. (Mayor and Council) C. Introduction and issue oath of office to newly elected Council Members. (City Secretary Carrie Land) d. Introduction and issue oath of office to New Police Chief, Dean Habel (City Manager Jim Proce) e. Recognition of the City of Anna's 2020 U.S. Census efforts. (City Manager Jim Proce) f. Recognition for the Anna City Manager, Jim Proce, ICMA-CM, being named to the Engaged Local Government Leaders (ELGL) Traeger Award List for Top 100 Local Government Influencer for 2020. (Assistant City Manager Ryan Henderson) 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for December 8, 2020. (City Secretary Carrie Land) b. Review quarterly attendance records for Council, Boards and Commissions. (City Secretary Carrie Land) C. First Quarter Financial Report for the City of Anna for the quarter ended December 31, 2020. (City Manager Jim Proce) d. Approve a Resolution to abandon easements in Anna Crossing Phase 4B which are no longer required for public access and drainage. (Director of Public Works Greg Peters) e. Approve a Resolution of the City of Anna approving and authorizing the City Manager to execute a roadway and waterworks impact reimbursement agreement by and between the City of Anna, Texas and Anna 455 Commercial, LP, a Texas Limited Partnership. (Finance Director Alan Guard) f. Approve a Resolution approving an Interlocal Agreement with the City of Melissa to acquire a portion of their Take or Pay Water Purchase for the water year 2019-2020 and authorize the City Manager to sign the agreement. (Finance Director Alan Guard) g. Approve a Resolution awarding bids for the construction of a ballfield and fence installation at Johnson Park to Homerun Construction Services, LLC, of Blue Ridge, Texas in the amount of $82,362 and authorize the City Manager to execute the contract. (Marc Marchand, Director of Neighborhood Services) 6. Items For Individual Consideration. a. Consider/Discuss/Action an Ordinance to revise the sewer lateral inspection process. (Director of Public Works Greg Peters, P.E.) b. Consider/Discuss/Act on approval of a Subdivision Improvement Agreement for the public water, sanitary sewer, and roadway improvements related to the Woods at Lindsey Place development located on future Rosamond Parkway between US 75 and State Highway 5. (Director of Public Works Greg Peters, P. E.) C. Consider/Discuss/Action on appointment of the Mayor Pro Tem and Deputy Mayor Pro Tem. (City Manager Jim Proce) d. Consider/Discuss/Action on appointment of Council Liaisons for Boards and Commissions. (City Manager Jim Proce) 7. 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). Charter provisions and Council procedures. Sign regulations. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). 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). d. Discuss or deliberate personnel matters (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. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9. Adjourn. This is to certify that I, Carrie L. Land, 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 PM on January 8, 2021. Carrie L. Land, 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. THE CITY OF Afth� Item No. 4.a. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: AGENDA ITEM: Congressman Pat Fallon to speak with Council. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 1/8/2021 THE CITY OF Afth� Item No. 4.b. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: AGENDA ITEM: Recognition of out going Deputy Mayor Pro Tem John Beazley. (Mayor and Council) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 1/8/2021 THE CITY OF Afth� AGENDA ITEM: Item No. 4.d. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Introduction and issue oath of office to New Police Chief, Dean Habel (City Manager Jim Proce) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 1/8/2021 THE CITY OF Afth� Item No. 4.e. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: AGENDA ITEM: Recognition of the City of Anna's 2020 U.S. Census efforts. (City Manager Jim Proce) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Kimberly Winarski, Management Analyst Created/Initiated - 1/8/2021 THE CITY OF Afth� AGENDA ITEM: Item No. 4.f. City Council Agenda Staff Report Meeting Date Staff Contact: `IEWN9300% Ryan Henderson Recognition for the Anna City Manager, Jim Proce, ICMA-CM, being named to the Engaged Local Government Leaders (ELGL) Traeger Award List for Top 100 Local Government Influencer for 2020. (Assistant City Manager Ryan Henderson) SUMMARY: Jim Proce was recently named a Traeger Award winner by the Engaging Local Government Leaders (ELGL) organization. The annual award recognizes an individual's influence inside and outside of the community through professional associations, mentoring and writing. It is named for Chris Traeger, the city manager of Pawnee, Indiana played by Rob Lowe in the popular television series "Parks and Recreation." "I'm honored to be associated with this recognition, but even more intrigued to see the stories of the other recipients as there are lots of amazing folks working for cities all over the country being recognized by the group," Proce says. "The ELGL is a professional organization created to engage government leaders by providing easy access to relevant information through podcasts, blogs, webinars, conferences and other platforms," says Co-founder Kent Wyatt, "and information sharing between governments. Wyatt and his wife Kirsten moved from Virginia to the Portland area, both of them working in city government. As he was searching for a new job, he found that information was hard to come by, with many professional organizations only focusing on a particular area like finance or planning. The ELGL started as a 16-member dinner group in Portland back in 2012. Today it has more than 4800 members from across the United States, Canada, the United Kingdom, Israel and Australia. Wyatt says it's a big tent organization not looking to compete with other professional organizations. Most members are also involved with other groups. "We try to be different, more engaging and more fun," he says. "One of the things we passionately believe in are diversity, equality and inclusion. We don't believe pushing the status quo is in our best interest." The idea for the Trager Awards came when Wyatt was watching a summer show on the NFL Network ranking the top 100 players in football. That got him thinking about a way to put together something similar for government workers. The Traeger Award became a way for the ELGL to not necessarily rank government leaders but to put them on an exclusive list where they can be recognized. Last year Rob Lowe even gave the winners a shout -out on this Twitter Page. "Public service isn't exactly warm and fuzzy," Wyatt says. "A lot of the times they are trying to put out fires, so it's good to recognize those who are doing a good job. That's really what it's' all about." As for Proce, he was one of the ELGL's first Texas members, he's written for the organization before and spoken at their conferences. Wyatt says that there are lots of things that he can learn from Jim even though the two work thousands of miles apart and have only met in person on a handful of occasions. He praises Proce's willingness to become a mentor to others by sharing information and experiences with those who will follow him into civic leadership positions. "In my mind Jim's a great example of somebody who's not just stamping the timesheet," Wyatt said. "I think he has a unique approach to work and an energy that we need in government." Anna city manager named to Traeger Award list (amtrib.com) FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: For information only ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 1/8/2021 THE CITY OF Afth� Item No. 5.a. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Carrie Land AGENDA ITEM: Approve Council Meeting Minutes for December 8, 2020. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: Approve ATTACHMENTS: 1. CCmin20201208 Draft APPROVALS: Carrie Land, City Secretary Created/Initiated - 1/8/2021 Regular City Council Meeting Meeting Minutes THE CITY OF Tuesday, December 8, 2020 @ 6:30 PM AlItla Sue E. Rattan Elementary School 1221 S. Ferguson Parkway, Anna, Texas 75409 The City Council of the City of Anna met at 6:30 PM, on December 8, 2020, at Sue E. Rattan Elementary School, Located at 1221 S. Ferguson Parkway, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Pike called the meeting to order at 6:33 PM. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. Alonzo Tutson, Alexia Swanepel, Annie Chaddick, Judy Kimzey, Rebekah Ussery spoke in favor of a public library. 4. Reports. a. Congressman Pat Fallon to speak with Council. I c Congressman Fallon had to reschedule. Update from Mayor Pro-Tem Lee Miller Lee Miller stated he is a "Neighbor" first. He congratulated Council Member Vollmer on the birth of his first baby. He thanked everyone for their prayers and well wishes during the time he was sick with COVID-19. Administer Oath of Office to newly elected Council Member Danny Ussery. (City Secretary Carrie Land) City Secretary Carrie Land administered the Oath of Office to Council Member Ussery. Council Member Ussery took his seat in Place 5. CCmin20201208 Page 1 d. Recognition of Nathan Bryan for his years of service on the City Council. (Mayor Pike) e. Presentation of Employee Engagement Survey Results (City Manager Jim Proce) f. Update on Application to Collin County Project Funding Assistance Program 2018 Bond Second Series (Grants) (City Manager Jim Proce) g. Update on Holiday Events (Director of Neighborhood Services Marc Marchand and Fire Chief Ray Isom) h. Brief update on COVID-19 Activity i. Communication to Council regarding the City of Anna Diversity of Inclusion Advisory Commission (Assistant City Manager Ryan Henderson) 5. Work Session. a. Bond Program Information (City Manager Jim Proce) Council will hold a special meeting, the first week in January 2021, to discuss this item in detail. 6. Consent Items. Consent Items 6. i., m., and n. were removed from the Consent agenda. MOTION: Council Member Toten moved to approve Consent Items 6. a.-h., j., k., and I. Council Member Vollmer seconded. Motion carried 6-0. a. Approve City Council Meeting Minutes for November 10, 2020, and November 17, 2020. (City Secretary Carrie Land) b. Review minutes of the November 2, 2020, Planning & Zoning Commission meeting. (Director of Development Services Ross Altobelli) C. Review minutes of the October 1, 2020, Joint Community Development and Economic Development Corporation meeting. (Director of Economic Development Joey Grisham) d. Review minutes of the November 5, 2020, Joint Community Development and Economic Development Corporation meeting. (Director of Economic Development Joey Grisham) e. Review update/revision to Assignment of Acting City Manager. (City Manager Jim Proce) f. Approve a Resolution regarding the Anna 455 Addition, Block A, Lots 4 - 6, Preliminary Plat. (Director of Development Services Ross Altobelli) Jonathan Kerby, P.E., Kimley-Horn and Associates, Inc., submitted an application for approval of a preliminary plat for Anna 455 Addition, Block A, Lots 4-6. There is vacant property on 3 lots on 4.3± acres located on the north side of White Street. (FM 455) and 350± acres west of Ferguson Parkway. Zoned PD 709-2015. CCmin20201208 Page 2 The purpose for the preliminary plat is to propose lot and block boundaries and easement necessary for the creation of three nonresidential lots. The Planning and Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT FOR ANNA 455 ADDITION BLOCK A, LOTS 4-6 g. Approve a Resolution regarding the Anna Ranch, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) It is recommended that the City Council approve a resolution regarding the Anna Ranch, Phase 1, Final Plat. Jamie Marcoux, P.E., LJA Engineering, has submitted an application to amend the Final Plat for Anna Ranch by only plating the lots that will be constructed in Phase 1. The Anna Ranch Phase 1, Final Plat is in conformance with the existing zoning and generally conforms to the Anna Ranch Preliminary Plat. The purpose for the final plat is to establish lot and block boundaries, and dedicate easements and street rights -of -way necessary for completion of the residential subdivision. The Planning and Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH PHASE 1, FINAL PLAT. h. Approve a Resolution regarding the Anna Business Park, Block A, Lots 1 - 14, Concept Plan. (Director of Development Services Ross Altobelli) It is recommended that the City Council approve a resolution regarding the Anna Business Park, Block A, Lots 1 - 14, Concept Plan. 5G Studio Industrial, LLC, has submitted an application for approval of a concept plan for Anna Business Park Block A, Lots 1 - 14. There is a vacant property on 60.3 acres located on the north side of the Collin County Outer Loop Road, 300 feet east of State Highway 5. The purpose for the concept plan is to show the proposed industrial park lot layout and related site improvements. The Planning and Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA BUISNESS PARK, BLOCK A, LOTS 1-14, CONCEPT PLAN Approve a Resolution approving an Economic Development Incentive Policy. (Economic Development Director Joey Grisham) As a part of the Anna Strategic Plan and Anna Economic Development Strategic Plan, development of an Incentive Policy was listed as a high priority for the Council and CDC/EDC Boards. The role of an Incentive Policy is to provide CCmin20201208 Page 3 parameters and guidelines for incentives and lay out the approval and application process. While an Incentive Policy does need some specifics, it should not be overly restrictive in order to allow for flexibility in meeting Council and CDC/EDC goals and objectives. The Economic Development staff did extensive research by reviewing other similar policies and incorporated the priorities from the City and Economic Development plans. The CDC and EDC Boards unanimously adopted the policy on October 1, 2020. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE POLICY TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY OF ANNA; ESTABLISHING GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 6-0. Approve a Resolution Recommending an Appointment to the North Texas Groundwater Conservation District Board of Directors. (Assistant City Manager Ryan Henderson) On May 27, 2009, Governor Perry signed SB 2497 into law which authorized the creation of the North Texas Groundwater Conservation District. The District encompasses Collin, Cook, and Denton Counties and is governed by a nine -member Board of Directors appointed by the Commissioners Court of each participating County. As the City of Anna is the largest municipal groundwater producer in Collin County, the City is to hold a seat on the board as recommended by the City Council and appointed by the Commissioners Court. In 2019, then Assistant to the City Manager Ryan Henderson was appointed to the board. The recommendation is to have Public Works Director Greg Peters, P.E., assume the position on the board as the City of Anna selection. Mr. Peter's term will begin effective immediately and expire June 1, 2023. A RESOLUTION OF THE CITY OF ANNA, TEXAS, RECOMMENDING AN APPOINTMENT TO THE NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS k. Approve a Resolution authorizing the City Manager to execute a professional services agreement for the design of the Throckmorton Creek Sewer Interceptor Extension north of FM 455. (Director of Public Works Greg Peters, P.E.) The City of Anna Wastewater Master Plan identifies the future extension of a CCmin20201208 Page 4 trunk sewer line along Throckmorton Creek from FM 455 to the north, which is intended to provide sewer services for future development between US 75 and SH 5. The City has received many inquiries and development concepts of this area over the past 6 months, including the recently approve zoning for a DR Horton Development along future Rosamond Parkway. This interest demonstrates a need for the Throckmorton sewer extension project in the immediate future. The scope of the project is approximately 6,500 linear feet of 15" sewer main and 1,300 linear feet of 8" to 12" sewer main. Staff worked with HDR Engineering, Incorporated, to put together a scope and professional services agreement for the engineering and land surveying services required for the project, which is attached to the Resolution. HDR is a highly qualified engineering firm with a great deal of experience in successfully designing this type of project. The total maximum anticipated fee for the project is $335,732, which includes some special services which may not be required for the project. The City will only pay for, and HDR will only complete, the special services specifically approved by the City as needed to complete the project. The project will be funded through Wastewater Impact Fees. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND HDR ENGINEERING, INCORPORATED, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY FIVE THOUSAND SEVEN HUNDRED THIRTY TWO DOLLARS AND ZERO CENTS ($335,732.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. Approve a Resolution making revisions to the Investment Policy. (Management Analyst Kimberly Winarski) The City of Anna, per the Investment Policy, is required to revisit, revise, and adopt the Investment Policy each year. This year, in an effort to certify the Investment Policy through the Government Treasurers' Organization of Texas's (GTOT) Investment Policy Certification Program, the City has updated the Policy based upon components of the certification checklist. Notable changes to the Investment Policy were the addition of three things missing from the checklist: (1) a section saying that if an investment is downgraded to below minimum required ratings, that the city will take all prudent measures to liquidate the investment, (2) a section exempting existing investments from updated guidelines, and (3) a section requiring the market value of all securities in the portfolio be calculated on a quarterly basis and included in the quarterly investment report. CCmin20201208 Page 5 After adoption, the updated Investment Policy will be submitted to the GTOT for certification and feedback. A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE CITY OF ANNA. M. Development Agreement — Anacapri Approve a Resolution entering in to a development agreement with JY & KC, LLC, Kayasa Holdings, LLC, Oakwood Village Apartments Inc., and Young Kim & Tim Mueller to establish development and design regulations for further development on 341 acres consisting of multiple tracts of land generally located on the east and west side of future Ferguson Parkway, north of Hackberry Drive, and south of CR 371 (future Mantua Road). (Director of Development Services Ross Altobelli) The Property Owners have, at the request of Developer, applied to rezone the Property to allow for Planned Development -Multi -Use. With respect to all structures/development within the PD-MU Zoning District, the Property Owners agree to comply with the masonry material requirements and architectural design standards within the Anna City Code of Ordinances as detailed in the attached Development Agreement. MOTION: Council Member Toten moved to approve, subject to legal form. Council Member Ussery seconded. Motion carried 6-0. n. Approve a Resolution setting a public hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone for Phase 1 of the Sherley Tract development. (Director of Economic Development Joey Grisham) This item sets a public hearing on January 12, 2021 for the creation of a Tax Increment Reinvestment Zone for Phase I of the Sherley Tract development. The applicant requested this item be tabled to a future meeting. MOTION: Mayor Pike moved to table. Council Member Beazley seconded. Motion carried 6-0. 7. Items For Individual Consideration. a. Consider/Discuss/Action on appointment of the Mayor Pro Tem and Deputy Mayor Pro Tem. (City Secretary Carrie Land) Pursuant to the conditions provided for in the City Charter, SECTION 3.04 (b) CCmin20201208 Page 6 and (c), it is required that the City Council appoint the positions of Mayor Pro Tem and Deputy Mayor Pro Tem, respectively, at the first regular meeting after an election of a new council member. MOTION: Council Member Beazley moved to appoint Council Member Miller as Mayor Pro Tem and Council Member Vollmer as Deputy Mayor Pro Tem. Motion died for lack of a second. MOTION: Mayor Pike moved to table. Council Member Ussery seconded. Motion carried 5-1. Toten opposed. b. Consider/Discuss/Action on an Ordinance Amending the FY2020 - 2021 Budget to add three firefighters. (City Manager Jim Proce) The proposed budget amendment includes funding for the following purposes: The Anna Fire Department received notification from FEMA on October 28, 2020, that no funding was awarded from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program. During the FY2021 budget process, funding for three Firefighter positions was budgeted in the Grants Fund as the required match for this program. As no funds are to be awarded, this amendment eliminates the transfer from the General Fund to the Grant Fund for the grant match, adds additional funding to the payroll line items in the Fire Department, and authorizes the Fire Department to add three additional full-time equivalent (FTEs) Firefighter positions. AN ORDINANCE AMENDING ORDINANCE NO. 875-2020 ADOPTING THE BUDGET FOR THE 2020-2021 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Toten moved to approve. Council Member Ussery seconded. Motion carried 6-0. C. Consider/Discuss/Action on Fourth Amendment to Villages of Hurricane Creek Subdivision Improvement Agreement. (Director of Economic Development Joey Grisham) This item involves an amended Subdivision Improvement Agreement (SIA) with Centurion American for the Village of Hurricane Creek development. It includes amendments and additional language related to the planned Amphitheatre, updated fire station site, and other items. MOTION: Council Member Toten moved to approve. Council Member Ussery seconded. Motion carried 5-1. Beazley opposed. d. 1) Conduct a public hearing to consider public comments to rezone 370± acres CCmin20201208 Page 7 located on the west side of future Standridge Boulevard, 662± feet north of West White Street (FM 455) from Planned Development 689-2015-Single-Family Residence (SF-84) to Planned Development SF-84 Single -Family Residence District, SF-72 Single -Family Residence District, SF-60 Single -Family Residence District, and SF-Z Single -Family Residence District Zero Lot Line homes (PD-SF-84/SF-72/SF-60/SF-Z). 2) Consider/Discuss/Action on an Ordinance regarding the request to rezone 370± acres from Planned Development 689-2015-Single-Family Residence (SF-84) to Planned Development SF-84 Single -Family Residence District, SF- 72 Single -Family Residence District, SF-60 Single -Family Residence District, and SF-Z Single -Family Residence District — Zero Lot Line homes (PD-SF- 84/SF-72/SF-60/SF-Z). (Director of Development Services Ross Altobelli) 3) Consider/Discuss/Action on a Resolution regarding the Concept Plan, The Villages of Hurricane Creek, associated with the rezoning request. The developer, Centurion American, presented a new overall concept plan for the Villages of Hurricane Creek and the Villages of Hurricane Creek -North at the December 10, 2019 City Council meeting. This new illustrative plan depicted an overall development with smaller lots outside of the Phase 1 limits than approved in the current zoning, though the focus of the presentation was on an additional parcel for multiple -family and commercial uses. The lots within Phase 1 & 1 B (294 lots) meet the adopted 2015 zoning and are not proposed to be modified. The remaining lots (586 lots) meet the general standards and layout that were presented to Council in December 2019 and shown again as part of the zoning for multiple -family and general commercial last June. The applicant has made two modifications to the concept plan associated with the zoning request since the November 2nd Planning & Zoning Commission meeting. In accordance with the direction provided by the Commission, the applicant has worked with the Fire Chief and staff to identify a more suitable location for the Fire Station along Standridge Boulevard. Additionally, the applicant is proposing additional open space dedication to the City subject to review by the city's Parks Advisory Board and approval by the City Council prior to Preliminary Plat approval. The Planning & Zoning Commission recommended approval, 6 - 1 in favor of the zoning request. Mayor Pike opened the public hearing at 8:36 PM. No public comments. Mayor Pike closed the Public hearing at 8:42 PM. (Property rezoned under this ordinance is generally located on the west side of future Standridge Boulevard, 662± feet north of West White Street (FM 455) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S CCmin20201208 Page 8 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. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 5-1. Beazley opposed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VILLAGES AT HURRICANE CREEK CONCEPT PLAN MOTION: Council Member Miller moved to approve. Council Member Ussery seconded. Motion carried 5-1. Beazley opposed. e. 1) Conduct a public hearing to consider public comments to rezone 341± acres consisting of multiple tracts of land generally located on the east and west sides of future Ferguson Parkway, north of Hackberry Drive and south of Mantua Road from Agricultural (AG), Planned Development 507-2010, & Planned Development 285-2006 to Planned Development Mixed -Use (PD-MU). The planned development district will include the following zoning districts with modified development standards Restricted Commercial (C-1), Single Single - Family Residence-60 (SF-60), and Single -Family Residence - Zero lot line homes (SF-Z). 2) Consider/Discuss/Action on an Ordinance regarding the request to rezone 341± acres consisting of multiple tracts of land generally located on the east and west sides of future Ferguson Parkway, north of Hackberry Drive and south of Mantua Road from Agricultural (AG), Planned Development 507-2010, & Planned Development 285-2006 to Planned Development Mixed -Use (PD-MU). (Director of Development Services Ross Altobelli) 3) Consider/Discuss/Action on a Resolution regarding the Concept Plan, Anacapri, associated with the rezoning request. Request to rezone 341± acres consisting of multiple tracts of land generally located on the east and west sides of future Ferguson Parkway, north of Hackberry Drive, and south of CR 371 (Mantua Road)The applicant is requesting zoning that would allow for a predominantly residential development that would include a mixture of residential types and supporting commercial zoning: The residential make-up of the zoning includes:SF-60 (50' x 120') _ Minimum 651 Lots SF-Z (40' x 100') = Maximum 588 LotsMF-2 = Maximum 600 units A centralized feature of the zoning request includes a privately owned and maintained lagoon with associated amenities, a portion of which will be open to the public. The proposed single-family zoning meets the minimum lot width, depth, and size CCmin20201208 Page 9 requirements and is in harmony with the adjacent existing and future residential developments. The applicant has included stipulations to create a walkable multi -use development. Amenities of the zoning include a private lagoon that will be open to the public, dedication of a linear Neighborhood Park, public and private hike and bike trails, and preservation of existing mature vegetation. The proposed zoning also includes dedication of land for a future elementary school. See staffs report prepared for the Planning & Zoning Commission for more information. The Planning & Zoning Commission is scheduled to conduct a public hearing on Monday, December 7th. Mayor Pike opened the public hearing at 9:09 PM. Dr. Edwards submitted a letter of opposition (see Exhibit A). Mayor Pike closed the public hearing at 9:12 PM. (Property rezoned under this ordinance consists of multiple tracts of land which are generally located on the east and west sides of future Ferguson Parkway, north of Hackberry Drive and south of CR 371 future Mantua Road) 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. MOTION: Council Member Beazley moved to approve, subject to P&Z's recommendation with exception on four -stories. Council Member Toten seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANACAPRI CONCEPT PLAN MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 5-0. Council Member Miller was out of the room. f. Consider/Discussion/Action on a Resolution approving a variance request to allow for modified signage. (Director of Development Services Ross Altobelli) The applicant is requesting a variance from the City of Anna Sign Ordinance for the purpose of increasing sight visibility along W. White Street (FM 455). The request is for an increased copy area to 112 square feet due to two brands of restaurants operating in unison within the same building. The current maximum copy area is 80 square feet. Additional signage on the property will be subject to the rules and regulations of Article 9.05 Signs. CCmin20201208 Page 10 The restaurant is on 0.75± acre located on the south side of W White Street (FM 455), 1,105± feet east of S Central Expressway. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S 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. MOTION: Council Member Miller moved to approve. Council Member Ussery seconded. Motion carried 6-0. g. Public Hearing and Consider/Discuss/Action on a Resolution authorizing and dissolving the Sherley Tract Public Improvement District in accordance with Chapter 372 of the Texas Local Government Code. (Director of Economic Development Joey Grisham) An error was made in the legal description , therefore, it is necessary to dissolve and recreate the Public Improvement District. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING AND DISSOLVING THE SHERLEY TRACT PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pike opened the public hearing at 9:47 PM. No comments. Mayor Pike closed the public hearing at 9:48 PM. MOTION: Mayor Pike moved to approve. Council Member Vollmer seconded. Motion carried 5-1. Beazley opposed. h. Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of the Sherley Tract Public Improvement District No. 2 and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) This item creates the new Public Improvement District No. 2. A RESOLUTION REGARDING THE CREATION OF THE SHERLEY TRACT PUBLIC IMPROVEMENT DISTRICT NO. 2 AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. CCmin20201208 Page 11 Mayor Pike opened the public hearing at 9:49 PM. No Comments. Mayor Pike closed the public hearing at 9:49 PM. MOTION: Council Member Toten moved to approve. Council Member Vollmer seconded. Motion carried 5-1. Beazley opposed. 1) Conduct a public hearing to consider public comments to rezone 16.2± acres located at the southwest corner of US HWY 75 and CR 370 (Future Rosemond Pkwy) from SF-E Single Family Residential -Large Lot to C-2 General Commercial. 2) Consider/Discuss/Action on a recommendation regarding the request to rezone 16.2± acres located at the southwest corner of US HWY 75 and CR 370 (Future Rosemond Pkwy) from SF-E Single Family Residential -Large Lot to C-2 General Commercial. (Director of Development Services Ross Altobelli) A request has been submitted to rezone 16.2± acres located at the southwest corner of US Highway 75 frontage road and CR 370 (Future Rosemond Parkway) from SF-E Single Family Residential -Large Lot to C-2 General Commercial. The applicant is requesting to rezone the subject property in order to allow for commercial development. The General Commercial (C-2) district is intended to accommodate those uses that are of city-wide and regional significance. Within this district are permitted retail, service, and office uses characteristic of retailing and wholesaling markets. Planning and Zoning Commission recommended approval. Mayor Pike opened the public hearing at 9:55 PM. No comments. Mayor Pike closed the public hearing at 9:55 PM. (Property rezoned under this ordinance is generally located at the southwest corner of US Highway 75 frontage road and CR 370 (Future Rosemond Parkway) 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 FORAN EFFECTIVE DATE; PROVIDING FORA 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. MOTION: Council Member Miller moved to approve. Council Member Ussery seconded. Motion carried 6-0. Consider/Discuss/Act on a Resolution approving an Agreement with Village CCmin20201208 Page 12 Communities Development Corporation and Anna Crossing Partners SLP LP for a Multifamily Development. (Director of Economic Development Joey Grisham) Provident Realty Advisors is evaluating a site in Anna for a tax credit multifamily project. Similar to the recent proposed JPI Senior Housing project, Provident is seeking bonds for this project through the Texas Dept. of Housing and Community Affairs. The site is zoned Planned Development and includes a Development Agreement associated with the zoning. Waterview Apartments will be located just west of State Highway 5 and south of West White Street in Anna, Texas. The site is 20.8 acres and will include 300 apartment homes in multiple three-story, garden -style buildings. The average size of the apartment homes will be approximately 1,080 square feet, and will include floorplans ranging from 1, 2, 3, and 4 bedrooms. The community will also include a resident clubhouse of approximately 5,000 square feet with leasing offices and amenities for the residents including a business center, fitness center, and swimming pool. This project will consist of high -quality construction materials, interior finishes, and amenities that is of the highest standards of luxury class -A multi -family communities. The proforma development budget is $71 million or $237,000/unit. The project will be financed with tax-exempt bonds and 4% tax credits. The homes will be affordable to residents with incomes of 50%, 60%, and 70% of Area Median I ncome. Since this project is tax-exempt, the Agreement includes a payment schedule for public services from the cash flow of the project. The City will receive $100,000 within 180 days after the issuance of the first certificate of occupancy. Subsequent annual payments will be in the amount of 20% of the full amount of ad valorem tax amount that would otherwise be assessed and imposed by the City on the Property. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT WITH VILLAGE COMMUNITIES DEVELOPMENT CORPORATION AND ANNA CROSSING PARTNERS SLP LP FOR MULTIFAMILY DEVELOPMENT MOTION: Council Member Beazley moved to approve. Council Member Vollmer seconded. Motion carried 6-0. k. Consider/Discuss/Act on a Resolution authorizing the City Manager to execute purchase orders in an amount not to exceed $250,000.00 for annual Street Maintenance projects with Wopac Construction, Incorporated through their annual General Road Maintenance Contract with Collin County per Court Order No. 2018-383-05-14. (Director of Public Works Greg Peters, P.E.) This item is to approve funding for annual street maintenance projects in the City of Anna, including the following streets: CCmin20201208 Page 13 - East 7th Street from Sherley Road to end (Full Depth Reclamation) - Wortham Drive from 5th Street to 6th Street (Full Depth Reclamation) - Wildwood Trail (Chip & Seal Top Coat) - County Road 368 from County Road 370 to Hurricane Creek Lane (Full Depth Reclamation) The projects are to be funded through the Street Maintenance Sales Tax Increment and the General Fund annual Street Maintenance Budget. The funding needs are listed below, based on the quote received and 10% contingency funds for each project: - East 71" Street ($73,345.00, Street Maintenance Tax) - Wortham Drive ($48,805.00, General Fund) - Wildwood Trail ($53,700.00, General Fund) - County Road 368 ($82,040, Street Maintenance Tax) Staff is recommending approval of the projects based on the City of Anna Community Investment Program and the pavement condition as determined by the Roadbotics pavement analysis completed last year. Our pavement analysis uses a scoring of 1 being best (brand new street), and 5 being worst (complete failure). The pavement scores for each road are: - East 71" Street (4.72) - Wortham Drive (3.55) - Wildwood Trail (3.11) - County Road 368 (4.84) A full list of the pavement scores for all Anna streets may be seen in Exhibit 1 attached. As a member of the Collin County Purchasing Cooperative, the City of Anna is able to receive contract pricing through the existing County contract, resulting in better unit prices and cost savings. The City is utilizing the existing contract by and between Wopac Construction, Incorporated and Collin County for General Road Maintenance. If approved, the projects will be completed between December and March of this fiscal year. The total FY2020-2021 budget for Street Maintenance projects includes: $283,837.50 in Street Maintenance Tax Funds and $148,995.00 in Street Maintenance General Funds. Upon approval of the projects in this item there will be $128,452.50 in remaining Street Maintenance Tax Funds and $46,490.00 in remaining Street Maintenance General Funds for the remaining maintenance projects identified for this budget year, which includes Taylor Boulevard and County Road 371. MOTION: Council Member Vollmer moved to approve. Council Member Beazley seconded. Motion carried 6-0. CCmin20201208 Page 14 Consider/Discuss/Act on a Resolution approving an Interlocal Agreement with the City of Howe to acquire a portion of their Take or Pay Water Purchase for the water year 2019-2020 and authorize the City Manager to sign the agreement. (Finance Director Alan Guard) The City of Anna has agreed to purchase a portion of the City of Howe's Take or Pay water purchase. Each year the City is required to pass a Resolution approving that year's purchase through an interlocal agreement. Council approval is required each year. This year's purchase is for 27,363,000 gallons at a rate of $1.765 per thousand gallons for a total of $48,295.25. $48,295.25 is approved in the Utility Fund in account 60-710-6701 GTUA Contractor Services. A RESOLUTION OF THE CITY OF ANNA, TEXAS REALTED TO THE AN INTER -LOCAL AGREEMENT BETWEEN THE CITIES OF ANNA AND HOWE UNDER WHICH THE CITY OF HOWE AGREES TO TRANSFER A PORTION OF ITS CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATIONS WITH THE GREATER TEXOMA UTILITY AUTHORITY (GTUA) TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUTHORIZING THE CITY MANAGER TO SIGN THE INTER -LOCAL AGREEMENT M. Consider/Discuss/Action on votes for the 2021 /2022 TCAP Board of Directors. (City Manager Jim Proce) The City is a member of the Texas Coalition for Affordable Power (TCAP). Authorized when the Texas Legislature took action to deregulate the state's electricity market in 2001, the TCAP is a unique alliance of cities and other political subdivisions that have joined together to purchase electricity for their own governmental use. TCAP is having an election to the Board of Directors. Anna is entitled to cast nine votes for the eight current positions and one special election position to be filled. City Manager Proce recommended the following: Chris Steubing, Sugar Land Carey D. Neal, Jr., Lancaster Clifford Howard, Lewisville Richard Summerlin, Duncanville Michael Marrero, Odessa Mark Dempsey, Grand Prairie Clayton Fulton, Hurst Gilbert P. Reyna, Jr., Victoria Kevin Carruth, Rockport MOTION: Mayor Pike moved to appoint the seven incumbents and two members from the Metroplex as recommended by the City Manager. CCmin20201208 Page 15 Council Member Vollmer seconded. Motion carried 6-0. n. Consider/Discuss/Action to fill a vacancy on the Planning and Zoning Commission. (Interview Committee) The Interview Committee received 12 applications and interviewed applicants. They recommend Duane Hayes to fill the current vacancy. MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 5-1. Toten opposed. o. Consider/Discuss/Action on filling a vacancy on the Diversity and Inclusion Advisory Commission. (Interview Committee) The Interview Committee recommended the appointment of Gina Maria Ottavio to fill the current vacancy. MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 6-0. 8. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated 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). Utility contracts, Provisions of Constitution, City of Anna v. Zayo Group, LLC, Henkels & McCoy, LLC, and Sadler Boring, LLC; 366th District Court, Collin County, Texas, Case No. 366-05638-2018; Bunetto EEOC Charge No. 450-2020-06836 b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). 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). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Council Member Vollmer seconded. Motion carried 6-0. CCmin20201208 Page 16 Mayor Pike recessed the meeting at 10:50 PM. Mayor Pike reconvened the meeting at 11:21 PM. e. Consider/Discuss/Action on any items listed on any agenda; work session, regular meeting, or closed session that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. MOTION: Mayor Pike moved »»> Council Member Vollmer seconded. Motion carried 6-0. 9. Adjourn. Mayor Pike adjourned the meeting at 11:22 PM. Approved on January 12, 2021. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land CCmin20201208 Page 17 THE CITY OF Afth� AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Review quarterly attendance records for Council, Boards and Commissions. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. Council and Boards Attendance APPROVALS: Carrie Land, City Secretary Created/Initiated - 1/8/2021 CITY COUNCIL ATTENDANCE p = present a = absent DATE Nate Pike Kevin Toten Josh Vollmer John Beazley Chris Reeves Nathan Bryan Lee Miller 10/13/2020 p p p a vacant p p 10/27/2020 p p p p vacant p p 11/10/2020 p p p p vacant p p 11/17/2020 a p a a vacant p p 12/8/2020 p p p p vacant Danny Ussery p 12/15/2020 a a p a vacant p p EDC/CDC CORPORATIONS ATTENDANCE p = present a = absent Date Anthony Richardson Stan Carver Rocio Gonzalez Bruce Norwood Michelle Hawkins Doris Pierce Shane William~ 20-Jul p p q p p p p 20-Aug p p p p p p 20-Sep p p 3 p a p p 20-Oct p p a p p p 20-Nov p p a p p p 20-Dec p p p p p a PLANNING AND ZONING ATTENDANCE p = present a = absent Place 1 Place 2 Place 3 Place 4 LaToya Grady Brent Thomas Wayne Barton Donald Henke 10.05.20 p excused a p p 11.02.20 p p p p 12.07.20 p p p p LaToya Grady Brent Thomas Wayne Barton Donald Henke 01.04.21 p p p p iger on P&Z; place not filled Place 5 Place 6 Place 7 Alonzo Tutson Nick Rubits Danny Ussery p p p p p p p p x Alonzo Tutson Nick Rubits Duane Hayes p excused a p PARKS ADVISORY BOARD ATTENDANCE p = present a = absent Cheryl Merritt Michelle Clemens Eldon Baker Joe Crowder Jon Hendricks Eirik Hansen LeQuey Douglas 20-Jul p p p p p p p 20-Aug p p p p p p p 20-Sep p p p p p p p 20-Oct p p p p p p p 20-Nov p p p p p p p 20-Dec p p p p p p p BOARD OF ADJUSTMENTS ATTENDANCE p = present a = absent Date Jon Hendricks Kelly Herndon Nick Rubits Brent Thomas Tony Bellefond Sandy Setliff David Briggs 20-Oct 20-Nov 20-Dec THE CITY OF Afth� AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date Staff Contact: `IEWN9300% Terri Doby First Quarter Financial Report for the City of Anna for the quarter ended December 31, 2020. (City Manager Jim Proce) SUMMARY: Publication of a financial report subsequent to the end of each fiscal quarter is a best practice. This report covers the financial performance for the first quarter for Fiscal Year 2021 (October 1, 2020 - December 31, 2020). Enclosed in the report is an executive dashboard that provides a high level look at some of the key financial indicators. After the first quarter the City's financial outlook and position is favorable meeting or exceeding projection and expectations. FINANCIAL IMPACT: Not applicable STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Information only, no action required. ATTACHMENTS: 1. FY2021 1 st Quarter Financial Report APPROVALS: Terri Doby, Budget Manager Created/Initiated - 1/8/2021 CITY OF ANNA GENERAL FUND DASHBOARD Through December 31st, 2020 • - Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative variance of >5% compared to historical trends REVENUES General Fund Property Taxes $ 6,736,415 $ 558,425 8.3% 0 Property- - collected in January & February Sales Tax 2,205,000 422,256 19.1%10 Remitted from the Comptroller with - days; expected collections for the 1 st quarter are 16.7% of budget Charges for Services 106,600 17,460 16.4%'% Lag time is expected in recording of zoning and subdivision plat in fees Licenses and Permits 2,192,100 950,771 43.4% Franchise and Local Taxes 601,600 - 0.0% ost franchise fees are remitted quarterly. Investment Income 70,000 1,271 1.8% This is likely. issue. Other Revenues 13,300 28,088 211.2% Intergovernmental 133,195 46,513 34.9% Fines 80,000 27,056 33.8% Donations - 560 0.0% 11111 Revenue Total $ 12,138,210 With 25% of the year expired, revenues are at 16.9% of $ 2,052,400 16.9% budget. Because of the delay in propertyand sales taxes, this amount is well within expectation. EXPENDITURES General Fund Administration $ 880,519 $ 103,135 11.7% City Council 31,278 1,713 5.5% City Manager's Office 1,010,799 188,611 18.7% City Secretary 233,967 43,022 18.4% Information Technology 312,190 135,851 43.5% Includes severalone-time - • •• purchases Finance 561,998 101,803 18.1 % Development Services 981,486 208,076 21.2% Animal Control 77,327 - 0.0% Payments are quarterly. Fire 2,194,278 816,141 37.2%I Includes charge for - truck that was expected future budget amendment will move funding to correct fy Ambulance 128,400 - 0.0% Payments are quarterly. Police 3,146,015 593,556 18.9% Municipal Court 135,245 24,332 18.0% Parks 651,373 121,637 18.7% Neighborhood Services 601,332 95,748 15.9% Streets 1,031,046 184,087 17.9% Economic Development 159,571 34,328 21.5% Expense Total $ 12,136,824 $ 2,652,040 21.9% With 25% of the year expired, expenses are 21.9% of budget. CITY OF ANNA UTILITY FUND DASHBOARD Through December 31st, 2020 • - Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends - • - - Negative variance of >5% compared to historical trends i Budget YTD of Favorable Unfavorable ..- REVENUES Water Sales $ 5,300,000 $ 1,400,549 26.4% Sewer Charges 3,300,000 891,256 27.0% Sanitation Revenue 1,054,314 276,517 26.2% Other Charges for Services 1,460,633 370,835 25.4% Investment Income 75,600 1,842 2.4% This is likelyissue. Other Revenues 115,700 a 60,115 52.0% Utility Fund Total $ 11,306,247 $ 3,001,114 26.5% With 25% of the year expired, revenues are 26.5% of budget. EXPENDITURES low Administration $ 1,088,916 $ 194,616 17.9% Water 3,994,523 890,577 22.3% Sewer 3,865,424 402,349 10.4% Sanitation 1,042,031 192,389 18.5% Utility Billing 485,112 76,350 15.7% Utility Fund Total $ 10,476,006 $ 1,756,281 16.8% With 25% of the year expired, expenses are 16.8% of October November December January February March April May June July August September $ 335,454 340,156 $ 675,610 24.1 % $ 270,363 37.6% 247,215 321,464 239,848 224,649 295,191 291,845 340,358 397,630 316,470 310,731 378,344 $ 3,634,108 Budget: 3,505,000 19.3% 3,048,942 Monthly Sales Tax Collections: 3 Year Comparison $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 o�opzt� zt G zt Jm�A� c� attar P��\ �a� .�� N�A S'�zt ®FY2020-21 o FY2019-20 o FY2018-19 OF ANNA BuildingCITY Permits Received Thru the month December % Change Fiscal Year i i i Prior Year Monthly October 99 54.7% 64 November 112 194.7% 38 December 109 1457.1 % 7 January 53 February 83 March 41 April 40 May 63 June 125 July 167 August 70 September 79 320 830 Budget: 700 45.7% 525 Monthly Building Permits Received: 2 Year Comparison 180 160 140 120 100 80 60 40 20 0 z z �o O° �pzt <��c ■ FY2020-21 o FY2019-20 THE CITY OF Afth� AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Greg Peters Approve a Resolution to abandon easements in Anna Crossing Phase 4B which are no longer required for public access and drainage. (Director of Public Works Greg Peters) SUMMARY: The easements were originally granted to the City of Anna by Skorburg Companies, the master developer of Anna Crossing. The drainage and access easements were required as a temporary solution to providing adequate public access and public drainage paths while the surrounding area was developed. Now that Anna Crossing 4B is substantially complete, the street and drainage system is in place. The new streets and drainage system have made these easements obsolete. In order to ensure proper record of the abandonment of these easements, it is necessary to have a formal approval of the abandonment by the City Council, execution of the documents by the City Manager, and to have the documents formally filed in the Public Records of Collin County. This will ensure that neighbors buying and selling the residential lots in this area do not have old easements show up on their title commitments, which could create delays in their ability to close on the individual property purchases. FINANCIAL IMPACT: None. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of the Resolution as presented. ATTACHMENTS: Resolution - Anna Crossing 4B Easement Abandonment APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 1/8/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE EASEMENT ABANDONMENT DOCUMENTS FOR THE ABANDONMENT OF ACCESS EASEMENTS AND DRAINAGE EASEMENTS IN PHASE 4B OF ANNA CROSSING SUBDIVISION AS SHOWN IN EXHIBIT "A" ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer of Anna Crossing dedicated access and drainage easement to the City of Anna for temporary purposes as other phases of the project were developed; and, WHEREAS, the Developer has now constructed the necessary infrastructure in Phase 413 of Anna Crossing Subdivision to allow for the access and drainage easements to be abandoned -land, WHEREAS, the City has determined that the existing access and drainage easements are no longer required to provide public access and public storm drainage for the Anna Crossing development; and, WHEREAS, upon execution of the easement abandonment documents the Developer shall file the documents in Collin County for record in the Public Records; 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. Authorization of Payment and Funding. That the City Manager is hereby authorized to execute the easement abandonment documents as shown in Exhibit "A" attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of January 2021. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike Exhibit "A" 190200311906007 ATC Hayslett Lot Venture, LTD: CityofAnna Turnaround Abandonment of Easement - ACL v.1 (002) AFTER RECORDING RETURN TO: ATC HAYSLETT LOT VENTURE, LTD, 8214 Westchester STE 900 Dallas, Texas 75225 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT 1S FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ABANDONMENT OF EASEMENT The CITY OF ANNA, a Texas Home Rule Municipal Corporation (the "Cit)v"), as successor in interest of ATC HAYSLETT LOT VENTURE, LTD. ("ATC"), does hereby abandon the temporary tum-around easement (the "Abandoned Easement') described in the Instrument Document dated January 251, 2016, and recorded under Clerk's File No. 201603 t 1000290420, Public Records, Collin County, Texas. The purpose of the Abandoned Easement was to provide access to the dominant tenement owned by ATC (the "Dominant Tenement'), which the City subsequently acquired and presently owns. The City hereby acknowledges that the abandonment of the Abandoned Easement is effectuated by the dedication of a substituted access by means of a public right-of-way dedicated by ATC Hayslett Lot Venture, LTD., a Texas limited partnership, under a final plat Anna Crossing Phase 411 to be recorded, Plat Records of Collin County, Texas (the "Substituted Access"). The City, as successor in interest of ATC, executes this abandonment of easement in acknowledgment of the sufficiency of the Substituted Access, and thereby acknowledges and confirms the Abandoned Easement obsolete and abandoned. For the purpose of clarity, the Abandoned Easement is more fully described on Exhibits "A" and "B" attached hereto and incorporated herein by reference for all purposes. [SIGNATURE PAGE TO FOLLOW] Abandonment of Easement P9, 1 1902003/1906007 ATC Haysiett Lot Venture, LTD.-CityofAnna Turnaround Abandanment of Easement - ACL v.1 (002) Grantor-. City of Anna, Texas By: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 12020, by of the City of Anna, a Texas Home Rule Municipal Corporation. Notary Public, State of Texas Abandonment of Easement pg. 2 EXHIBIT "A" LEGAL LAND DESCRIPTION TEMPORARY TURN -AROUND ACCESS EASEMENT BEING a tract of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being a portion of that certain 43.670 acres tract of land described in a Special Warranty Deed to ANNA TOWN CENTER NO.5/HSLT, LTD., a Texas Limited partnership (hereinafter referred to as 43.670 acres tract), as recorded in Volume 5717, Page 2431, Deed Records, Collin County, Texas (D.R.C.C.T.), and being more particularly described, by metes and bounds, as follows: COMMENCING at a fence comer post found for the Northwest corner of that certain tract of land described as Lot 6, La Paloma Subdivision (hereinafter referred to as Lot 6), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418, Plat Records, Collin County, Texas, same being in the South line of that certain tract of land described in a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830,D.R.C.C.T.; THENCE South 89 degrees 31 minutes 01 second East with the common line between said ATC tract and said Lot 6, a distance of 10.00 feet; THENCE crossing said ATC tract the following 5 courses with the East boundary of future Anna Crossing Phase 4: 1. North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6, a distance of 177.21 feet to the beginning of a non -tangent curve to the left whose long chord bears N 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet; 2. Northeasterly with said curve, having a radius of 890.00 feet, through a central angle of 01 degree 32 minutes 47 seconds, for an arc distance of 24.02 feet; 3. North 00 degrees 48 minutes 55 seconds East, a distance of 120.13 feet to the beginning of a non -tangent curve to the left whose long chord bears North 87 degrees 28 minutes 16 seconds East, a distance of 11.79 feet; 4. Northeasterly with said curve, having a radius of 603.73 feet, through a central angle of 01 degree 07 minutes 07 seconds, for an are distance of 11.79 feet; 5. North 00 degrees 48 minutes 55 seconds East, a distance of 170.45 feet to the North line of said ATC tract, same being the South line of the remaining portion of the aforesaid 43.670 acres tract for the PLACE OF BEGINNING; THENCE crossing said 43.670 acres tract for the following 2 courses: 1. North 49 degrees 38 minutes 09 seconds East, a distance of 13.47 feet, to the beginning of a non -tangent curve to the right, whose long chord bears North 85 degrees 27 minutes 51 seconds East, a distance of 99.03 feet; 2. Northeasterly with said curve to the right, having a radius of 60.00 feet, through a central angle of 111 degrees 13 minutes 11 seconds, for a are distance of 116.47 feet to the common line between said 43.670 acres tract and said ATC tract, same being the beginning of a non -tangent curve to the left whose long chord bears South 79 degrees 19 minutes 23 seconds West, a distance of 25.04 feet; THENCE Southwesterly with the common line between said 43.670 acres tract and said ATC tract and said curve to the left, having a radius of 500.00 feet through a central angle of 02 degrees 52 minutes 12 seconds for an are distance of 25.05 feet to the beginning of a curve to the right whose long chord bears South 81 degrees 57 minutes 36 seconds West, a distance of 85.21 feet; THENCE Southwesterly with said curve to the right, having a radius of 600.00 feet, through a central angle of 08 degrees 08 minutes 38 seconds, for an arc distance of 85.28 feet to the PLACE OF BEGINNING. EXHIBIT "A" LEGAL LAND DESCRIPTION TEMPORARY TURN -AROUND ACCESS EASEMENT ABANDONMENT BEING a tract of land situated in the the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being that certain Turn -Around Easement, as recorded in Instrument Number 20160311000290410, Off iclal Public Records, Collin County, Texas and being a portion of that certain 43.670 acres tract of land described in a Special Warranty Deed to ANNA TOWN CENTER NO.5/HSLT, LTD., a Texas Limited partnership (hereinafter referred to as 43.670 acres tract), as recorded in Volume 5717, Page 2431, Deed Records, Collin County, Texas (D.R.C.C.T.), and being more particularly described, by metes and bounds, as follows; BEGINNING at a Five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Easterly Northeast corner of that certain tract of land described as Anna Crossing, Phase 4 (hereinafter referred to as Anna Crossing, Phase 4), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument Number 2017-48, Plat Records, Collin County, Texas, same being the South line of the remainder of said 43.670 acres tract, same also being the Northwesterly corner of the remainder of that certain tract of land described in a deed to ATC HAYSLET LOT VENTURE, LTD (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830, D.R.C.C.T.; THENCE North 49 degrees 38 minutes 09 seconds East, crossing said 43.670 acres tract, a distance of 13.47 feet, to the beginning of a non -tangent curve to the right, whose long chord bears North 85 degrees 27 minutes 51 seconds East, a distance of 99.03 feet; THENCE Northeasterly with said curve to the right, having a radius of 60.00 feet, through a central angle of III degrees 13 minutes 11 seconds, for an arc distance of 116.47 feet to the common line between the remainder of said 43.670 acres tract and said ATC tract, same being the beginning of a non -tangent curve to the left whose long chord bears South 79 degrees 19 minutes 23 seconds West, a distance of 25.04 feet; THENCE Southwesterly with the common line between said 43.670 acres tract and said ATC tract and said curve to the left, having a radius of 500.00 feet through a central angle of 02 degrees 52 minutes 12 seconds for an arc distance of 25.05 feet to the beginning of a curve to the right whose long chord bears South 81 degrees 57 minutes 36 seconds West, a distance of 85.21 feet; THENCE Southwesterly with said curve to the right, having a radius of 600.00 feet, through a central angle of 08 degrees 08 minutes 38 seconds, for an arc distance of 85.28 feet to the PLACE OF BEGINNING. r'_'mBA.NNISTER E N G I N E E R I N G MN 6QRHaL WADI M-Md, TX 760631817.842.20941 817.847.2095 f. J T PL RZG15MT*N NO, 10193SU EXHIBIT "A" A=111-13'11" R=60.00' TEMPORARY TURN -AROUND ACCESS EASEMENT REMAINDER OF L=116.47 (SHADED) ANNA TOWN CENTER NO. N490 38' 09"E CB=N85027'51"E 2,339 SQ. Fr' S/HSLT, LTD. OR 0.054 ACRE 13.47' CL=99.03' INSTRUMENT NUMBER VOLUME 5717, PAGE 2431 2016031100029041D D.R.C.C.T. PLACE OF ,err' O.P.R.C.C.T. BEGINNING �� RELEASED BY THIS EXHIBIT FOUND 5/8" GIPPED ' IRON ROD STAMPED "RPLS 4838" _ _ _ _ _ _ _- — \- ——A=2°52'12" _ _ R=500.00' — DRAINAGE RENDYN STREET 60� L=25.05' EASEMENT 50' RIGHT-OF-WAY I CB=S79°19'23"W INSTRUMENT INSTRUMENT NUMBER o �� NUMBER zo17 46 A=8 08 38 CL=25.04' 0160311000290370 R=600.00' — / O.P.R.C.C.T. P.R.CC.T. — — — — - - CB=S81057'36"W / 1E UTI CL=85.21' INSTRUMENT NUMBER ATC HAYSLETT LOT 2017-48 VENTURE, LTD. P.R.C.C.T. INSTRUMENT NUMBER 2015012900010830 LOT 27 I LOT 26 I D.R.C.C.T. / I BLOCK C ANNA CROSSING ( / PHASE 4 INSTRUMENT NUMBER 2017-48 P.R.C.C.T. FOUND 5/8" CAPPED / tu'ND 5/8" CAPPED IRON ROD STAMPED I ON ROD STAMPED "RPLS 4838" "RPLS 4838" LOT I LOT 14 13 10' UTILITY+ EASEMENT NSTRUM NUMBER / 2017a18 P.R_C.C_T. — --- —�/ / ELI EASEMENT DRAINAGE / / STREET INSTRUMENT / 15' SEWER FORCE MAIN 50'RIGHT-OF-WAY NUMBER / EASEMENT BY SEP. INST. INSTRUMENT 0160311000290370 O.P.R.C.C.T. NUMBER 2017j}8 _ — — -- — — — ' — _P_.B.C.C.T � f SCALE: 1' = 50' 0 550' 100' r"BANNISTER 1 E N G I N E E R I N G MO N. MUCHEiL MAD I M"�, T 76M 18v.N2.20 a I en.841.aov .- TBPLS WIMS ATM NO. IZZ EXHIBIT `B" LEGAL LAND DESCRIPTION TEMPORARY TURN -AROUND ACCESS EASEMENT BEING a tract of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being a portion of that certain tract of land described in a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830, Deed Records, Collin County, Texas (D.R.C.C.T.), and being more particularly described, by metes and bounds, as follows: COMMENCING at a fence comer post found for the Northwest corner of that certain tract of land described as Lot 6, La Paloma Subdivision (hereinafter referred to as Lot 6), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418, Plat Records, Collin County, Texas, same being the South line of said ATC tract; THENCE South 89 degrees 31 minutes 01 second East with the common line between said ATC tract and said Lot 6, a distance of 10.00 feet; THENCE crossing said ATC tract the following 5 courses with the East boundary of future Anna Crossing Phase 4: 1. North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6, a distance of 177.21 feet to the beginning of a non -tangent curve to the left whose long chord bears North 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet; 2. Northeasterly with said curve, having a radius of 890.00 feet, through a central angle of 01 degree 32 minutes 47 seconds, for an are distance of 24.02 feet; 3. North 00 degrees 48 minutes 55 seconds East, a distance of 120.13 feet to the beginning of a non -tangent curve to the left whose long chord bears North 87 degrees 28 minutes 16 seconds East, a distance of 11.79 feet; 4. Northeasterly with said curve, having a radius of 603.73 feet, through a central angle of 01 degree 07 minutes 07 seconds, for an arc distance of I L79 feet; 5. North 00 degrees 48 minutes 55 seconds East, a distance of 120.29 feet to the PLACE OF BEGINNING; THENCE North 00 degrees 48 minutes 55 seconds East continue crossing said ATC tract, a distance of 50.16 feet to the North line of said ATC tract, same being the South line of the remainder of that certain tract of land described in a deed to Anna Town Center No. 5/HSLT, Ltd. (hereinafter referred to as Anna Town Center No. 5/HSLT tract), as recorded in Volume 5717, Page 2431, D.R.C.C.T., same also being the beginning of a non -tangent curve to the left, whose long chord bears North 81 degrees 57 minutes 36 seconds East, a distance of 85.21 feet; THENCE Easterly with the common line between said ATC tract and the remainder of said Anna Town Center No. 5/HSLT tract and with said non -tangent curve to the left having a radius of 600.00 feet, through a central angle of 8 degrees 08 minutes 38 seconds, for an arc distance of 85.28 feet to the beginning of a curve to the right, whose long chord bears North 79 degrees 19 minutes 23 seconds East, a distance of 25.04 feet; THENCE Easterly continue with the common line between said ATC tract and the remainder of said Anna Town Center No. 5/HSLT tract and with said curve to the right having a radius of 500.00 feet, through a central angle of 2 degrees 52 minutes 12 seconds, for an arc distance of 25.05 feet to the beginning of a non -tangent curve to the right, whose long chord bears South 52 degrees 00 minutes 33 seconds West, a distance of 119.98 feet; THENCE Southwesterly departing the South line of the remainder of said Anna Town Center No. SJHSLT tract and crossing said with ATC tract and with said non -tangent curve to the right, having a radius of 60.00 feet, through a central angle of 181 degrees 52 minutes 13 seconds, for a are distance of 190.45 feet; THENCE North 64 degrees 44 minutes 33 seconds West continue crossing said ATC tract, a distance of 16.73 feet to the PLACE OF BEGINNING. EXHIBIT "All LEGAL LAND DESCRIPTION TEMPORARY TURN -AROUND ACCESS EASEMENT ABANDONMENT BEING a tract of land situated in the the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being the same tract of land described as a Temporary Turn -Around Access Easement, as recorded in Instrument Number 20160311000290420, Deed Records, Collin County, Texas (D.R.C.C.T.), and being a portion of that certain tract of land described in a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830, D.R.C.C.T., and being more particularly described, by metes and bounds, as follows: BEGINNINGS at a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Lot 26, Block C, Anna Crossing, Phase 4 (hereinafter referred to as Lot 26), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument Number 2017-48, Plat Records, Collin County, Texas (P.R.C.C.T.), same also being the Southeasterly corner of the terminus of Rendyn Street (50' right-of-way), as recorded in Instrument Number 2017-48, P.R.C.C.T., same also being the West line of the remainder of said ATC tract; THENCE North 00 degrees 48 minutes 55 seconds East with the common line of the remainder of said ATC tract and the Easterly terminus of said Rendyn Street, a distance of 50.16 feet to the Northeasterly corner of the terminus of said Rendyn Street, same being the North line of said ATC tract, same being the South line of the remainder of that certain tract of land described in a deed to Anna Town Center No. 5/HSLT, Ltd. (hereinafter referred to as Anna Town Center No. 5/HSLT tract), as recorded in Volume 5717, Page 2431, D.R.C.C.T., same also being the beginning of a non -tangent curve to the left, whose long chord bears North 81 degrees 57 minutes 36 seconds East, a distance of 85.21 feet; THENCE Easterly with the common line between said ATC tract and the remainder of said Anna Town Center No. 5/HSLT tract and with said non -tangent curve to the left having a radius of 600.00 feet, through a central angle of 8 degrees 08 minutes 38 seconds, for an arc distance of 85.28 feet to the beginning of a curve to the right, whose long chord bears North 79 degrees 19 minutes 23 seconds East, a distance of 25.04 feet; THENCE Easterly continue with the common line between said ATC tract and the remainder of said Anna Town Center No. 5/HSLT tract and with said curve to the right having a radius of 500.00 feet, through a central angle of 2 degrees 52 minutes 12 seconds, for an arc distance of 25.05 feet to the beginning of a non -tangent curve to the right, whose long chord bears South 52 degrees 00 minutes 33 seconds West, a distance of 119.98 feet; THENCE Southwesterly departing the South line of the remainder of said Anna Town Center No. 5/HSLT tract and crossing said with ATC tract and with said non -tangent curve to the right, having a radius of 60.00 feet, through a central angle of 181 degrees 52 minutes 13 seconds, for a arc distance of 190.45 feet; THENCE North 64 degrees 44 minutes 33 seconds West, continue crossing said ATC tract, a distance of 16.73 feet to the PLACE OF BEGINNING. Ir"BANNISTER E N G I N E E R I N G 240 M. MMHFll MAD I M-NsfwE, n 78 1812.8S220941 817.842,2095 P& J T PU5 Prj3 5TM710M NO. 10193823 EXHIBIT "A" 4=8°0$'3$" REMAINDER OF TEMPORARY TURN -AROUND R=60O.00' A=2° 5212 ANNA TOWN CENTER NO. ACCESS EASEMENT R=500.00' 5/HSLT, LTD. (SHADED) L=85.28' L=25.05' VOLUME 5717, PAGE 2431 9263 SQUARE FEET OR 0.213 ACRE CB=N81°57'36"E CB=N79°19'23"E D.R.C.C.T. INSTRUMENT NUMBER CL=85.21' 20160311000290420 CL=25.04' - D.R.C.C.T. RELEASED BY THIS EXHIBIT FOUND 5/8" CAPPED IRON ROD STAMPED _ "RPLS 4838" EASEMENT! —I RENDYN STREET DRAINAGE SY RIGHT-OF-WAY ' 60 RPJ�IVS INSTRUMENT INSTRUMENT NUMBER I NUMBER 2017-48 120160311000290370 P.R.C.C.T. i - - I -7 O.P.R.C.C.T.0°48'55"E--------- -7-/ -- - / / 50.16'10' uriLrrY EASEMENT INSTRUMENT NUMBER A=181 °52' 13" 2017.48 N640 44' 33"W / R=60.00' P.R.C.C.T. I / LOT 27 BLOCK C ANNA CROSSING PHASE 4 INSTRUMENT NUMBER 2017 P.R.C.C.T. LOT 13 10' UTIL1iY EASEMENT NUMBER 2017.4E P.R.C.C.T. J. �g / L=190.45' LOT26 PLACE OF CB=S52°00'33"W BEGINNING / CL=119.98' FOUND 5/8" CAPPED IRON ROD STAMPED "RPLS 4838" / REMAINDER OF / ATC HAYSLETT LOT / VENTURE / INSTRUMENT NUMBER / 2015012900010830 LOT 14 I / D.R.C.C.T. I / / T DRAINAGE / EASEMENT / FUTURE 15' SEWER STREET 50' RIGHT- WAY INSTRUMENT NUMBER 2017-0 INSTRUMENT / NUMBER / 120160311000290370 O.P.R.C.C.8 — — —T_ — f MAIN EASEMENT F P.R.C.C.T. SCALE: i" a 50' 0�0' r-mBANNISTER E N G I N E E R I N G 290N. MMCHH ROAD IMm0W,-6063181TW.2 I817.8 .lMft TSPLS REGISTRATION N0.10193823 190200311906007 ATC Hayslett Lot Venture, LTD.-CityofAnna Drainage Abandonment of Easement -ACL v.1 (002) - Copy AFTER RECORDING RETURN TO: ATC HAYSLETT LOT VENTURE, LTD. 8214 Westchester STE 900 Dallas, Texas 75225 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ABANDONMENT OF EASEMENT The CITY OF ANNA, a Texas Home Rule Municipal Corporation (the "City"), as successor in interest of ATC HAYSLETT LOT VENTURE, LTD. ("ATC"), does hereby abandon the permanent drainage easement (the "Abandoned Easement") described in the Instrument Document dated January 25`" , 2016, and recorded under Clerk's File No. 20150730000952720, Public Records, Collin County, Texas. The purpose of the Abandoned Easement was to provide access to the dominant tenement owned by ATC (the "Dominant Tenement'), which the City subsequently acquired and presently owns. The City hereby acknowledges that the abandonment of the Abandoned Easement is effectuated by the dedication of a substituted access by means of a public drainage system dedicated by ATC Hayslett Lot Venture, LTD., a Texas limited partnership, under a final plat Anna Crossing Phase 4B to be recorded, Plat Records of Collin County, Texas (the "Substituted Access"). The City, as successor in interest of ATC, executes this abandonment of easement in acknowledgment ofthe sufficiency of the Substituted Access, and thereby acknowledges and confirms the Abandoned Easement obsolete and abandoned. For the purpose of clarity, the Abandoned Easement is more fully described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes. [SIGNATURE PAGE TO FOLLOW] Abandonment of Easement pg. 1 190200311908007 ATC Hayslett Lot Venture, LTD-CityofAnna Drainage Abandonment of Easement -ACL v.1 (002) - Copy Grantor: City of Anna, Texas By: — Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 2020, by of the City of Anna, a Texas Home Rule Municipal Corporation. Notary Public, State of Texas Abandonment of Easement pg. 2 EXHIBIT "A" LEGAL LAND DESCRIPTION 50' WIDE DRAINAGE EASEMENT BEING a tract of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being a portion of that certain tract of land described in a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830, Deed Records, Collin County, Texas (D.R.C,C.T.), and being more particularly described, by metes and bounds, as follows: COMMENCING at a fence corner post found for the Northwest corner of that certain tract of land described as Lot 6, La Paloma Subdivision (hereinafter referred to as Lot 6), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418, Plat Records, Collin County, Texas, same being the South line of said ATC tract; THENCE South 89 degrees 31 minutes 01 second East with the common line between said ATC tract and said Lot 6, a distance of 10.00 feet; THENCE North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6 and crossing said ATC tract, a distance of 134.92 to the PLACE OF BEGINNING; THENCE crossing said ATC tract for the following 17 courses: 1. North 00 degrees 48 minutes 55 seconds East, a distance of 42.30 feet; 2. North 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet; 3. North 00 degrees 48 minutes 55 seconds East, a distance of 6.70 feet; 4. North 83 degrees 34 minutes 00 seconds East, a distance of 51.79 feet to the beginning of a curve to the left, whose long chord bears North 56 degrees 46 minutes 20 seconds East, a distance of 27.02 feet; 5. Northeasterly with said curve to the left, having a radius of 25.00 feet, through a central angle of 65 degrees 24 minutes 58 seconds, for a are distance of 28.54 feet; 6. North 19 degrees 05 minutes 51 seconds East, a distance of 234.55 feet; 7. South 86 degrees 37 minutes 20 seconds West, a distance of 135.94 feet; 8. North 00 degrees 48 minutes 55 seconds East, a distance of 50.16 feet; 9. North 86 degrees 37 minutes 20 seconds East, a distance of 140.10 feet; 10. South 75 degrees 22 minutes 41 seconds East, a distance of 31.02 feet; 11. North 86 degrees 20 minutes 21 seconds East, a distance of 111.95 feet; 12. South 03 degrees 39 minutes 39 seconds East, a distance of 50.00 feet; 13. South 86 degrees 20 minutes 21 seconds West, a distance of 99.35 feet; 14. South 19 degrees OS minutes 51 seconds West, a distance of 246.52 feet, to the beginning of a curve to the right, whose long chord bears South 54 degrees 28 minutes 20 seconds West, a distance of 80.61 feet; 15. Southwesterly with said curve to the right, having a radius of 75.00 feet, through a central angle of 65 degrees 00 minutes 56 seconds, for a arc distance of 85.11 feet; 16. South 83 degrees 34 minutes 00 seconds West, a distance of 50.75 feet; 17. North 89 degrees 11 minutes 05 seconds West, a distance of 29.48 feet to the PLACE OF BEGINNING. EXHIBIT "A" LEGAL LAND DESCRIPTION SR' WIDE DRAINAGE EASEMENT ABANDONMENT BEING a tract of land situated in the the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being the same tract described as SO' Wide Drainage Easement, as recorded in Instrument Number 20160311000290370, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being a portion of that certain tract of land described in a Special Warranty Deed to ATC HAYSLETT LOT VENTURE, LTD., a Texas Limited partnership (hereinafter referred to as ATC tract), as recorded in Instrument Number 2015012900010830, O.P.R.C.C.T., and being more particularly described, by metes and bounds, as follows: COMMENCING at a fence comer post found for the Northwest comer of that certain tract of land described as Lot 6, La Paloma Subbdivision (hereinafter referred to as Lot 6), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Cabinet C, Page 418, Plat Records, Collin County, Texas (P.R.C.C.T.), same being the South line of that certain tract of land described as Anna Crossing, Phase 4 (hereinafter referred to as Anna Crossing, Phase 4), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument Number 2017-48, P.R.C.C.T.; THENCE South 89 degrees 31 minutes 01 second East with the common line between said Anna Crossing, Phase 4 and said Lot 6, a distance of 10.00 feet; THENCE North 00 degrees 48 minutes 55 seconds East, departing the North line of said Lot 6 and with the common line between said Anna Crossing, Phase 4 and the remainder of said ATC tract, a distance of 134.92 to the PLACE OF BEGINNING; THENCE continue with the common line between said Anna Crossing, Phase 4 and the remainder of said ATC tract for the following 3 courses: 1. North 00 degrees 48 minutes 55 seconds East, a distance of 42.30 feet; 2. North 89 degrees 07 minutes 28 seconds East, a distance of 24.02 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found; 3. North 00 degrees 48 minutes 55 seconds East, a distance of 6.70 feet; THENCE crossing said ATC tract for the following 4 courses: 1. North 83 degrees 34 minutes 00 seconds East, departing the East line of said Anna Crossing, Phase 4, a distance of 51.79 feet to the beginning of a curve to the left whose long chord hears North 56 degrees 46 minutes 20 seconds East, a distance of 27.02 feet; 2. Nartheasterly with said curve to the left having a radius of 25.00 feet, through a central angle of 65 degrees 24 minutes 58 seconds, for a arc distance of 2B.54 feet; 3. North 19 degrees 05 minutes 51 seconds East, a distance of 234.55 feet; 4. South 86 degrees 37 minutes 20 seconds West, a distance of 135.94 feet to a fve-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the East line of said Anna Crossing, Phase 4; THENCE North 00 degrees 48 minutes 55 seconds East with the common line between said Anna Crossing, Phase 4 and the remainder of said ATC tract, a distance of 50,16 feet to a five -eighths inch iron rod with plastic cap stamped "'RPLS 4838" found for the Easterly Northeast corner of said Anna Crossing, Phase 4, same being the North line of said ATC tract; THENCE crossing said ATC tract for the following 9 courses: 1. North 86 degrees 37 minutes 20 seconds East, a distance of 140.10 feet; 2. South 75 degrees 22 minutes 41 seconds East; a distance of 31.02 feet; 3. North 86 degrees 20 minutes 21 seconds East a distance of 111,95 feet; 4. South 03 degrees 39 minutes 39 seconds East, a distance of 50.00 feet; 5. South 86 degrees 20 minutes 21 seconds West, a distance of 99.35 feet; 6. South 19 degrees 05 minutes 51 seconds West, a distance of 246.52 Feet to the beginning of a curve to the right whose long chord bears South 54 degrees 28 minutes 20 seconds West, a distance of 80,61 feet; 7. Southwesteriy with said curve to the right, having a radius of 75.00 feet, through a central angle of 65 degrees 00 minutes 56 seconds, for a arc distance of 85.11 feet; 8. South 83 degrees 34 minutes 00 seconds West, a distance of 50.75 feet; 9. North 89 degrees 11 minutes 05 seconds West, a distance of 29.48 feet to the PLACE OF BEGINNING. VOBANNISTER ENGINEERING 290 N. MlfQlal RfYD IN anr%)W,7 76W 1817,892.2M r 817.842,X95 fax C TB%5 REGISTMTION NO. 1m93623 ANNA TOWN CENTER NO. 5/HSLT, LTD. EXHIBIT "All 5717, PAGE 2431 D.R.C.C.T. N860 37' 20"E TEMPORARY TURN -AROUND ACCESS EASEMENT S750 22' 41"E 140.10' — — ` INSTRUMENT NUMBER , FOUND 5/8' CAPPED / 20160311000290410 & 31.02 IRON ROD STAMPED 201603110002904 "RPLS 4838" C.T. NO° 48' 55"E __L_-p. N86_— 21"E 111.95' - <� 50.16' "'" � o N RENDYN STREET I 50.00'�"� 50' RIGHT-OF-WAY f INSTRUMENT NUMBER l I 2017-48 — _ — FUND 5! CA8_�_PP_ED S86° 37' 20"W 135.94 S86° 20' 21"W 99.35 I ON ROD STAMPED 50' WIDE DRAINAGE N190 05' S1"E EASEMENT LOT 27 I 234.55'j j 32,742 SQUARE FEET 1 OR 0.752 ACRE BLOCK C LOT 26 I INSTRUMENT20160311000290370 REMAINDER OF ANNA CROSSING ATC HAYSLETT LOT / / O.P.R.C.C.T. PHASE 4 VENTURE, LTD. j / RELEASED BY THIS EXHIBIT INSTRUMENT INSTRUMENT NUMBER NUMBER 2015012900010830 2017-48 D.R.C.C.T. j P.R.C.C.T. SUR�tiv / NS�p�ER�9g S190 05' 51"W LOT 14 �Rpeao,� `��M6 246.52' P�5 SCALE: 1' = 50' LOT N830 34' 00"E � � A=65°24'58" 0®0' 13 1 I [51.79' / j R=25.00' NO° 48' 55"E I / / L=28.54' OF 6.70' / CB=N56°46'20"E �? c 4TgRF�9 N89° 07' 28"E� I CL=27.02' t."......... *. MICHAEL DAN DAVIS 24.02 j A=65°00'56" :......-to:.a........ --- --- —�'�� R=75.00' �.� FOUND 5/8" CAPPED / L=85.11' d s U RNA ELIZABETH IRON ROD STAMPED / C6=S54°28'20"W STREET "RPLS 4838" 50' RIGHT -OF WAY NO° 48' 55"E CL=80.61' I �� INSTRUMENT ��-42.30' i �e NUMBER 4,��.•� '�� P.R.C.C.T. N89° 11' 05' W _ —S830 3400"W OF 29 EGINNING NO° 48' 55"E 50.75' MAIN EASEMENT PLACE OF 134.92' CQMMENCING, -,,—S89° 31' 01"E 10.00' -- -- LOT �1BANNISTER 7e z � z ey: m"z LA PALOMA SUBDIVISION ,NDONMENT EXHIBIT CABINET C, PAGE 418, E N G I N E E R I N G P.R.C.C.T. M N• WrOi� WAD I Mmi9W, nc 7W0 I anae.2M I az7.e422o 5 m. J „PU P09STUTMN Na t0193873 - — — — — — — — — — — — — — — IIElQ GRAPHIC SCALE 100 0 50 100 200 14 I ( IN FEET ) 1 inch = 100 it 400 7.379 ACRES 3219 411 SF APPROXIMATE LOCATION OF POTENTIAL MEDIAN OPENING w U) p N 20'SSE 15' WE-------- 15'DE Ia a 24' FAUE ----- iF ---------------------� 15' WE — — — — — — — — — — — — — — — — — — — — n ASE 1 7.432 ACRES 3239716 SF 20' SSE r--------------r— l EASEMENT i A S E 2 pe I I � I 0.86 ACRES 37 , 62 SF 20' 1.54 ACRESIr-20' WE - 16301 Quorum Drive Suite 200 B PARTNERS j��� ��� Addison, Texas 75001 II�� R Main 972.248.7676 Fax 972.248.1414 _ www.jbipartners.com NO. REVISION I BY I DATE I TBPE No. F-438 TBPLS No. 10076000 20' SSE COMMERCIAL EXHIBIT ANNA 455 COMMERCIAL ANNA TRACT City of Anna, Collin County, Texas PROJECT NO. 3*TL002 SHEET NO. 1 OF 1 DATE APRIL 6, 2016 N I'M O O 04 N L cp 7 a s, m v U) rn 3 v s x w v �U N E E O U rn 3 v N O O J H U) U a� O rn c_ �3 v L SUBDIVISION IMPROVEMENT AGREEMENT AVERY POINTE COMMERCIAL This Subdivision Improvement Agreement (this "Agreement") is entered into this day of , 202144�, between the City of Anna, Texas (the "City") and ANNA 455 COMMERCIAL, LP, 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 or owned and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 18.5 acres of land located entirely within the corporate limits of the City of Anna and is more particularly 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: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. 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 with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 1 Development means the development on the Property that is the subject of this Agreement. Final Roadway Construction Cost, with respect to the Roadway Facilities, means $425,144 set forth in the attached Exhibit D actually paid for the engineering, design, and construction of the Roadway Facilities at the time of full and final completion, dedication and acceptance the Roadway Facilities. Final Water Construction Cost, with respect to the Water Facilities, means $ $149,255 set forth in the attached Exhibit D actually paid for the engineering, design, and construction of the Water Facilities at the time of full and final completion, dedication and acceptance the Water Facilities. Final Roadway Reimbursement Amount, with respect to the Roadway Facilities, means a dollar amount equal to the Roadway Construction Cost. Final Water Reimbursement Amount, with respect to the Water Facilities, means a dollar amount equal to the Water Construction Cost. Roadway Facilities mean the Ferguson Parkway Roadway Improvements constructed by Owner as described and depicted in Exhibit B, attached hereto, and in accordance with design/construction plans approved by the City. Water Facilities mean the Water Improvements to be constructed by Owner as described and depicted in Exhibit C, attached hereto, and in accordance with design/construction plans approved by the City. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Actual Amount Paid. Owner has fully completed the Roadway Facilities and the Water Facilities, and the City has accepted such Roadway Facilities and Water Facilities. Owner shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the actual amount paid for said Roadway Facilities and Water Facilities. (b) Maintenance Bond. For each construction contract for any part of the Roadway Facilities and Water Facilities, Owner or Owner's contractor executed 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 Roadway Facilities and Water Facilities, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Roadway Facilities and Water Facilities constructed under such contract. (c) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement, Owner has provided all public improvements, including streets, water, sewer, drainage, sidewalks, trails, street lighting, street signage, and all other public improvements required by City Regulations to serve the Property, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 2 by the City's engineer or his or her agent. Owner has caused the installation of such improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner has provided engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans have been approved by the City's engineer or his or her agent prior to filing of a Final Plat. Construction of such improvements was not initiated until a pre -construction conference was held regarding the proposed construction and City issued a written notice to proceed. (d) Owner's Remedy. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance pursuant to the terms of this Agreement. (e) 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. (f) Insurance. Owner or its contractor(s) shall acquire and maintain, during the period of time when any of the Roadway Facilities and Water Facilities are under construction (and until the full and final completion of the Roadway Facilities and Water Facilities and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Roadway Facilities and Water Facilities construction contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-V 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. (g) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 3 AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIALMEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY FACILITIES AND WATER FACILITIES AND ALL RELATED ACTIVITIES, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY FACILITIES AND WATER FACILITIES THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANYWAY FROM THE CITY'S RELIANCE UPON 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. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE. SECTION 4 ROADWAY FACILITIES (a) Owner's Roadway Obligations. (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Roadway Facilities. (2) Owner agrees to complete in a good and workmanlike manner construction of the Roadway Facilities located adjacent to a portion of the Property being developed, prior to the date a final plat for that portion of the Property being developed is officially recorded in the Land Recordings with the Collin County Clerk's Office. SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 4 (b) City Roadway Obligations. (1) The Final Roadway Reimbursement Amount shall be paid to Owner from roadway impact fees paid to the City from the Development of the Property. The roadway impact fee reimbursement for the construction of the Roadway Facilities shall be paid to the Owner from fees received by the City at the time of issuance of building permits for any portion of the Property, and such reimbursement shall be made until the roadway impact fee reimbursements authorized by this Agreement has been met. (2) Notwithstanding Section 4(b)(1) above, or any other provision of this Agreement, the roadway impact fee reimbursement for construction of the Roadway Facilities shall not exceed the total amount of roadway impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, or any other provision of this Agreement, the obligation of the City for payment of the roadway impact fee reimbursement authorized by this Agreement shall expire on September 30 in the tenth (loth) year following the date the Roadway Facilities are complete and formally accepted by the City. (4) The City shall have the right Development of the Property Agreement has been satisfied occurs first. SECTION 5 WATER FACILITIES (a) Owner's Water Obligations. to retain roadway impact fees due from the after the reimbursement authorized by this or after the reimbursement expires, whichever (1) Owner is responsible for funding and construction of all public improvements required by City Regulations to serve the Property, including but not limited to the Water Facilities. (2) Owner agree to complete in a good and workmanlike manner construction of the Water Facilities prior to the date a final plat for any portion of the Property is officially recorded in the Land Recordings with the Collin County Clerk's Office. (b) City Water Obligations. (1) The Final Water Reimbursement Amount shall be paid to Owner from water impact fees paid to the City from the Development of the Property. The water impact fee reimbursement for the construction of the Water Facilities shall be paid to the Owner from fees received by the City at the time of issuance of building permits for any portion of the Property, and such reimbursement shall be made until the water impact fee reimbursements authorized by this Agreement has been met (2) Notwithstanding Section 5(b)(1) above, or any other provision of this Agreement, the water impact fee reimbursement for construction of the Water Facilities shall SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 5 not exceed the total amount of water impact fees due from Development of the Property. (3) Notwithstanding Section 5(b)(1) above, or any other provision of this Agreement, the obligation of the City for payment of the water impact fee reimbursement authorized by this Agreement shall expire on September 30 in the tenth (loth) year following the date the Water Facilities are complete and formally accepted by the City. (4) The City shall have the righ Development of the Property Agreement has been satisfied occurs first. SECTION 6 EFFECTIVE DATE t to retain water impact fees due from the after the reimbursement authorized by this or after the reimbursement expires, whichever 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 have duly executed same. SECTION 7 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 8 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 notice 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 such portion of the Property or that is an entity that is controlled by or under common control of 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 may not assign any portion of this Agreement applicable to it, 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, SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 6 conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 8(b) that such Assignee fails to satisfy the City's financial and performance criteria. If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (c) Each assignment shall be in writing executed by the 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 the assigning 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 an assigning Owner shall release such Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. SECTION 9 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of (i) actual receipt or (ii) three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by written notice to the other parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: Anna 455 Commercial, LP 10950 Research Road SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 7 Frisco, Texas 75033 Attention: Craig Curry Telephone: 214.387.3993 Facsimile: 214.387.3913 Email: ccurry _txlandresources.com (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of 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) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 8 (k) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the Property, may be recorded in the Collin County property records, and runs with the land. (1) 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, AVERY POINTE COMMERCIAL — Page 9 EXECUTED as of the date first set forth above. n \/\/N F R ANNA 455 COMMERCIAL, LP, a Texas limited partnership By: Anna 455 Commercial GP, LLC, a Texas limited liability company, General Partner go Date: STATE OF TEXAS § COUNTY OF COLLIN § Craig Curry, Manager This instrument was acknowledged before me on the day of , 2017 2021 by Craig Curry, Manager of Anna 455 Commercial GP, LLC, a Texas limited liability company, General Partner of Anna 455 Commercial, LP, a Texas limited partnership, in the capacity herein stated. [SEAL] Notary Public in and for the State of Texas SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 10 CITY: CITY OF ANNA Philip canJim Proce, City Manager STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 20172021, 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. [SEAL] Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 11 ATTACHMENTS Exhibit A — The Property (legal description and drawing) Exhibit B — Roadway Facilities Exhibit C — Water Facilities Exhibit D —Roadway Construction Cost and Water Construction Cost SUBDIVISION IMPROVEMENT AGREEMENT, AVERY POINTE COMMERCIAL — Page 12 Exhibit A The Property Exhibit A — Legal Description of the Property — Page 1 Exhibit B Roadway Facilities [4 pages follow.] Exhibit B — Roadway Facilities — Cover Page Exhibit C Water Facilities [5 pages follow.] Exhibit C — Water Facilities — Cover Page Exhibit D Roadway Construction Cost and Water Construction Cost [4 pages follow.] Exhibit D —Roadway Construction Cost and Water Construction Cost — Cover Page FERGUSON PARKWAY (STA: 1+00 - 8+56) Cost Summary Anna 455 Commercial, LP ANNA, TEXAS Roadwa EROSION CONTROL $3,555 EARTHWORK $15,400 PAVING $247,434 DRAINAGE SYSTEM $158,755 ENGINEERING / SURVEY (10% OF TOTAL) $42,514 TOTAL COST $467,659 Water WATER SYSTEM $149,255 ENGINEERING / SURVEY (10% OF TOTAL) $14,926 TOTAL COST $164,181 NOTES & ASSUMPTIONS: Costs are based upon completed contracts and payments. Quantities are from City approved and accepted construction plans. Page 1 of 1 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY AND WATER IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND ANNA 455 COMMERCIAL, LP, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT ,.A„ ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna 455 Commercial, LP is seeking to construct public infrastructure related to commercial property along FM 455 (White Street); and WHEREAS, as a key component of the development of the commercial property it is necessary to make improvements to Ferguson Street and the Anna waterworks system; and; WHEREAS, the widening and construction of Ferguson Street is shown on the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study; and WHEREAS, Main Waterline along Ferguson Street north of FM 455 is shown on the City of Anna Water System Master Plan and Water System Impact Fee Study; and WHEREAS, improvements to Ferguson Street and the waterworks system are eligible for impact fee reimbursement; 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. The City Council hereby authorizes the City manager to execute the roadway and waterworks system impact fee agreement as shown in Exhibit "A" attached hereto. Section 3. Approval of Resolution. This Resolution shall be effective immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of January, 2021. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor RES. PAGE 1 OF 1 CITY OF MELISSA, TEXAS RESOLUTION NO. 21-11 (R) A RESOLUTION RELATED TO AN INTER -LOCAL AGREEMENT BETWEEN THE CITIES OF MELISSA AND ANNA UNDER WHICH THE CITY OF MELISSA AGREES TO TRANSFER A PORTION OF ITS CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUTHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENT WHEREAS, the City of MELISSA has previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the City of MELISSA has chosen to not accept delivery of a portion of the agreed minimum take or pay water through the end of the 2020 water year (ended July 31, 2020) and desires to transfer a portion of its obligated minimum take or pay for said 2020 water year to the City of Anna for consideration detailed in an inter -local agreement; and WHEREAS, the City of Anna has indicated interest in purchasing a portion of the City of MELISSA's minimum take or pay for the water year ended July 31, 2020 as explained in a report memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne and Howe dated October 5, 2020 by Donald E. Paschal, Jr., consultant to said cities, which report memorandum is attached to said Inter -local agreement as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between the Purchasing CGMA-GTUA City of Anna and the Selling CGMA-GTUA Cities of Melissa, Howe and Van Alstyne. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of MELISSA that: SECTION 1: The City Council of the City of MELISSA authorizes the execution by the City Manager or Mayor of the attached Inter -local agreement with the City of Anna for the terms detailed therein providing for the following: A. Transferring a portion of MELISSA's GTUA required minimum take or pay to Anna as provided for in the attached Inter -local Agreement. B. Invoicing Anna for the agreed portion of the 2020 water year minimum take or pay. C. Accepting Payment from Anna as provided for in the attached Inter -local agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of Jay Northcut seconded by Shannon Sweat, the above resolution was approved by the City Council of the City of Melissa at its meeting held this 8 h day of December, 2020, by the following vote: 7 AYE 0 NAY 0 ABSTAIN Reed Greer, Mayor City of Melissa, Texas acie Galyon, CihyNecretary City of Melissa, Texas INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF MELISSA, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITY'S MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITIES OF MELISSA, ANNA, VAN ALSTYNE, AND HOWE POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF MELISSA, TEXAS, a Texas General Law City hereinafter referred to as "Melissa", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Anna and Melissa are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Anna and Melissa to enter into inter -local agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2019-2020 ended July 31, 2020 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the City of Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHEREAS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detailed in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and WHEREAS, the Cities Van Alstyne, Howe, and Melissa are desirous of selling to Anna a portion of their unused MT-P and Anna is willing to purchase said unused portion of the minimum MT-P as defined in this agreement and detailed in "Exhibit A" thus allowing Van ILA for MT-P Transfer Agreement for 2020 Water Year - Page 1 Alstyne, Howe, and Melissa to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the October 5, 2020 memorandum titled "Sale of GTUA- CGMA Minimum Take or Pay to Participant City" attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, ANNA and MELISSA, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: "aa This Agreement shall apply to the NTMWD water year ended July 31, 2020 and shall be executed and consummated in full between November 1, 2020 and January 31, 2021 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. 11. AGREEMENT The Cities agree that MELISSA shall transfer 18,324,000 gallons (18,324.0) one thousand gallon increments) of MT-P water to ANNA for the water year ended July 31, 2020 and ANNA shall remit to MELISSA a payment for said transfer of MT-P at the rate of $1.765 per thousand gallons totaling in the sum of $32,342,30 as payment in full for said portion of MELISSA's MT-P. Following execution of this agreement, MELISSA shall submit to ANNA an invoice for the transfer of the described MT-P for the above stated sum and ANNA shall remit payment for said transfer within twenty (20) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before January 31, 2021, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this agreement, it being the intent however to complete said transaction by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of ANNA and MELISSA shall each approve an interlocal agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. MELISSA, following approval of the interlocal agreement by each party thereto shall submit to ANNA an invoice for the referenced gallons of MT-P water detailed above in Section II and in the stipulated amount. 3. ANNA shall remit to MELISSA the above stated payment for the transferred MT-P within twenty (20) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this agreement refers shall be entitled to verification subject to ILA for MT-P Transfer Agreement for 2020 Water Year - Page 2 said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Anna and MELISSA herein recognize that the continuation of any contract after the termination of this agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this agreement, or should either City fail to execute this agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Anna and Melissa, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Melisa agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer 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. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. 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 to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other parry thirty (30) days written notice. ILA for MT-P Transfer Agreement for 2020 Water Year - Page 3 X. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either City. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. ILA for MT-P Transfer Agreement for 2020 Water Year - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. CITY OF ANNA, TEXAS Date: By: APPROVED AS TO FORM: CITY ATTORNEY Jim Proce City Manager CITY OF MELISSA, TEXAS Date: I2- 241-o B, APPROVED AS TO FORM CITY ATTORNEY ILA for MT-P Transfer Agreement for 2020 Water Year - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2019, by , of the City of Anna, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF GRAYSON § This instrument was acknowledged before me on the C#' day of Ck Ue,,,6zv-- , 2019, by ,ck� (*} -Je , Qh4 , of the City of Melissa, Texas, a Texas General Law City, on behalf of said m icum pa it ty. Paie KACIE L GALYON .........NOTARY PUBLIC IN 131545639 State of Texas Notary Public, St a xas "•''oFz�+' Comm. Exp. 04-20-2022 Exhibit A Attach copy of October 5, 2020 memorandum from Donald E. Paschal, Jr. to CGMA Mayors and City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City ILA for MT-P Transfer Agreement for 2020 Water Year - Page 6 DONALD E. PASCHAL, JR. 904 Parkwood Court McKinney, TX 75070 Tel. & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers Subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City Date: October 5, 2020 The Buy -Sale Concept Report followed by agreements between the CGMA City Participants began in October 2011 making this 2020 Report / Proposal the tenth year of using this concept. Therefore, this report draft is shortened considerably with so much history which can be traced should more background or detail be needed. The Concept can be summarized as follows: • Based on prior year precedents, a member City which took water beyond its MT/P may acquire a portion of the unused MT/P from other CGMA member City or Cities. • Such sale allows the selling City to recoup some of the cost of the MT/P paid during the water year for an established discounted price (rate varies by year). • Acquisition at the established price / K gallons allows the acquiring City to reduce the increase in the subsequent water year MT/P (in 2021 will be refereed to as MAV or Minimum Annual Volume). • Absent this program (purchasing at a reduced cost and simultaneously keeping the MT/P lower lessening the following year MT/P while allowing the Selling City to recoup some of its paid in cost) would result in City exceeding the MT/P purchasing a portion of the additional water at the then established price. Such established price could be considerably higher and up to the price for the MAV / K gallons in the future. Is it noted that the 2020 Water Year is likely to the last year that the NTMWD Excess Water Rate is likely to be available since the District has announced the rate will no longer be available. • The methodology has been to calculate a blended average of the MT/P and the Excess Water Rate (and could include other expenses to assure all cost are covered). • A quick summary is that this buy -sell action has allowed CGMA Cities using less than the MT/P the opportunity to recoup a portion of the MT/P water cost paid during the water year and allowed the buying City to keep a lower MT/P. In the recently completed water year (ended July 31, 2020) only Anna used water in excess of their required GTUA-CGMA minimum take or pay (MT/P) through the North Texas Municipal Water District (NTMWD) agreement. The other three city's (Van Alstyne, Melissa, and Howe) did not use all their MT/P. Over the last ten years, Melissa was the only buyer for the first seven years. Both Anna and Melissa were purchasing Cities one year and this will be the second year in which Anna is the sole buying City. Thus, the program has benefited all the Cites to varying extents. The details of the proposed transaction are provided below; the explanation and process are intended to be as simple as possible. The basic concept is that three CGMA Cities (Van Alstyne, Melissa, and Howe) sell their unused portion of their MT/P to another user Cities exceeding its respective MT/P at an agreed price that provides benefits to both seller and buyer. The following summary is an update of the similar / same document / transaction from last year with minor tweaks as noted. 2 This program is not regulated or controlled by GTUA but is purely an agreement among CGMA participating cities for the benefit of the participants; GTUA recognizes the cooperative arrangement between the Cities implemented through annual Interlocal Agreements between Buyer and Seller Cities. MT/P obligations are paid by all cities in equal monthly payments beginning in October and concluding in September of each budget year for the MT/P as set for the water year beginning August 1 of each year. Participation in this program is not a requirement, but a choice that each participant determines independently. It is again noted that the Buying City would have to pay the established water rate plus delivery cost if this option were not available. However, the program allows: 1. Selling Cities to recoup a portion of the funds already spent for their required MT/P; and 2. Purchasing Cities to pay for water actually used which then allows them to keep their respective MT/P at a lower level. Background: • Minimum Take or Pay / City - CGMA City MT/P: The base MT/P water purchase for the 2020 water year (minimum contract provision that the GTUA-CGMA system has with NTMWD for water) was a total of 792,226,000 gallons of water as MT/P which represents 792,226 one -thousand gallon increments (K gals). Each CGMA City is responsible for the lesser of 59,312.5 K gals or the previously set higher MT/P based on use plus pumping and related cost). Once all four CGMA Cities reach the MT/P, or when any combination of cities exceeds the total CGMA MT/P volume for the subject water year, an additional water charge is incurred by the Entities exceeding their MT/P. 2019-2020 water year take - For the recently ended water year, total use was significantly impacted by much larger allocations for flushing, which is an operational issue being addressed by separate documentation from GTUA. City water charged (take) the 2019-20 water year was: - Only Anna took all of their respective full MT-P water, that being Anna which took 442,631,750 Gallons (442,632.75 K Gallons), well above their MT/P. - Melissa took all but 18,324 K gallons which was 95.5% of their MT/P. - Van Alstyne took 43,766.75 K gallons representing 73.8% of their MT/P. - Howe's take was limited to flushing of 31,949.75 K gallons or 53.9% of their MT/P. Maintenance, Flushing and Unaccounted for Water - It is noted that TCEQ regulations imposed on GTUA in January 2020 necessitated extensive flushing to maintain water quality even to the Howe tank even though no water is taken north of Anna. Actions have been initiated to help lower flushing, but only actual use by both Van Alstyne and Howe will resolve the matter. Thus, an equal amount of flushing is allocated to each city for overall system maintenance, meter discrepancy, and lost or unaccounted for water. Continued Ground Water Use - During the 2019-20 water year, ground water sources continued to provide a minor amount of Melissa water, a significant portion of the water used by Anna, most of the water used by Van Alstyne, and all of Howe's water. Ground water will continue to be used by these cities in the 2020 water year, but as a decreasing % over several years. It is expected that surface water will be used to accommodate growth and gradually replace small, but increasing percentages of ground water in subsequent years as ground water is slowly depleted (note: careful management of the aquafers may stabilize supplies and allow the use of some base level of ground water for many years thus, extending the useful and economic life of many CGMA Cities' wells for decades for some potable water as well as for irrigation purposes. 9 Historical Practice and Buy -Sell Rate Calculation —A blended rate methodology has been used to establish the buy -sell rate for several years. The blended rate is based on the average of the base and excess rates. For the recently completed 2020 water year, the standard rate / K gallons was $3.04 and the excess water rate was $0.49 / K gallons. These water rates and the blended calculation are illustrated below. 2020 is the last year the concept of an Excess Water Rate will be available being replaced by an Additional Water Used charge as set by the NTMWD Board. A blend of the base rate and the District excess water rate has allowed all cities to acquire water at an attractive rate which has been less than the base rate while the Selling Cities recoup a portion of the MT/P base rate that they paid during the fiscal year. It is noted that all MT/P water has been invoiced for the McKinney Pass -through Agreement charges, GTUA pumping and administrative charges, and reserves which will transition to a cost / K gallons in 2020-21. By 2021-22, it is expected that all cities will be taking water at MAV levels allowing the Original System Debt Service to transition from equal '/4 shares to proportional of system MAV. • Cost Calculations for 2019-20 Water Year - It is proposed that the same rate methodology be applied to the 2019-20 buy -sell agreements as was used in the prior years. The cost calculations for the above described Buy -Sell of MT/P is being based on prior years practice. For 2020 Water Year, the base NTMWD Customer City rate and excess water rate are illustrated below resulting in the blended are shown: 2019-20 customer rate data Entities CGMA MT/P water / 1000 GPD Melissa Excess Water Blended Average rates $3.04 $0.49 $1.76.5 It is noted that even though only one city (Anna) exceeded its MT/P, the total CGMA MT/P again set a new high at 903,869 K gallons, thus raising the aggregate MT/P for the subsequent year (2019-20) by 111,643 K gallons (which is based on final, reconciled adjustments by NTMWD and / or GTUA). 2019-20 Water Compared to MT-P —Since the volume of excess water to be purchased for the recently completed 2019-20 water year exceeded the full MT/P of all three selling cities, the proration is technically a moot point for 2019, but as a technical matter, the proration amount for buy -sell agreements is 100% of the collective unused MT/P. In summary, the purchasing city (Anna) will be acquiring the full amount of the selling cities un-used MT/Ps. Additionally, this practice actually encourages a City with other options (could be separate surface source like Melissa or available well capacity like Anna) to use a portion of the CGMA Cities MT/P by allowing that City to preserve other sources of water or to keep their MT/P lower Calculation of the proportionate share of unused MT-P to be sold is as follows: Proportionate Share Use: MT-P available to be sold to Excess use City for 2019 water year: MT-P Melissa Anna Van Howe Alstyne MT-P water (all in K 403,845 269,756 59,312.5 59,312.5 gallons) Total water Used 385,520.75 442,631.75 43,766.75 31,949.75 0 All charged equal maintenance & flushing Unused (after 18,324 0 15,546 27,363 maintenance Adjust) Excess water use NA 172,876 NA NA over MT/P (after adj) Excess water to be NA 61,233 NA NA purchased by excess MT-P cities Unused water to be 18,324 NA 15,546 27,363 offered for sale to excess MT/P cities Note in various years the un-used MT/P water has been more than Buyers excess use could absorb, in other years the full un-used can be absorbed. Recognizing this reality: A. It is expected the amount that can be sold in future years is likely to decline, at least in %. B. if the total unused volume should be less than the excess use by buying city(s), the amount for each seller should be prorated based on ratio of user MAV to total MAV, however, 1. If only one purchasing city, the amount to be sold -purchased would be 100% of the amount available. 2. If there were multiple purchasing cities, the amount to be sold, per seller would be proportioned using purchaser MAV to total MAV, and likewise, 3. If amount to be sold is less than total purchasing need, the Seller City(s) proportion of sale would be prorated by each seller MAV to Total MAV. • Applying concept to the 2019-20 water year results in the following calculation: 2019 Proposed MT-P Sale Amt (apportioned as noted above to buyer City Item Melissa Van Alstyne Howe K gallons offered for sale / 18,324 15,546 27,363 purchase Total amount of sale by / purchase @ $32,342.30 $27,438.25 $48,295.25 $1.765 / K gal from 2019-20 Proposed MT-P Purchase Amt Item From Melissa From Van Alst ne From Howe Anna: Purchase in K Gallons 18,324 15,546 27,363 Anna Purchase $ amt: $108,075.80 $32,342.30 $27,438.25 $48,295.25 Thus, the purchase of unused MT/P from each Seller City by Anna is shown above resulting in a total purchase of unused MT/P of $108,075.80. Implementation of Sale / Purchase: • Buying City Actions - Anna may purchase from each of the other three CGMA Cities (Melissa, Van Alstyne, and Howe) the above calculated portion of the Melissa, Van Alstyne, and Howe unused CGMA MT/P for the 2019-20 water year. Should Anna not purchase the unused MT/P, it will then be billed by GTUA for excess water used and will have a larger subsequent year MT/P. • Selling City Actions — Melissa, Van Alstyne and Howe may agree to sell their respective un- used MT/P volume to Anna at the agreed rate of $1.765 per K gallons as illustrated in the above table. Under this scenario, Anna would pay the totals shown above equaling an aggregate of $108,075.80 assuming each selling City chooses to sell their unused MT/P to the purchasing City). Process / Steps: 1. GTUA has verified the volumes from NTMWD billings; the above is believed to be the final, reconciled calculations as of October 31, 2019. 2. Each selling City should adopt a Resolution authorizing an inter -local agreement to sell the above noted MT/P to the buying City(s) at the agreed rate. 3. Each Buying City should adopt a Resolution authorizing an inter -local agreement to purchase the above noted MT/P from the respective Selling City(s) at the agreed rate. 4. An inter -local agreement will be attached to each of the Resolutions noted in items 2 & 3 detailing the provisions of the sale / purchase between the selling CGMA Cities and the purchasing Cities. 5. Following approval of Resolutions and execution of the inter -local agreements, the selling Cities will forward an invoice to the buying City(s); the Buying City(s) should then pay to the respective Selling City for the agreed purchase. This can should be completed by late 2020 as the respective Cities complete authorization of the stipulated Resolutions and Inter -local Agreements. 6. Consultant will draft the respective Resolutions and inter -local agreements similar to the documents used in 2019 for use by the Cities. 7. It is suggested that this document be attached as a reference document to the inter -local agreement to help clarify the concept and to serve as a future reference. 8. Additionally, GTUA will invoice Anna for any volume taken their 2019 MT/P plus the unused MT/P purchased from the cities not using their MT/P at the excess water rate plus pumping fees, operating expenses, and other expenses including reserves; this charge will be calculated and submitted separately to Anna. 1 2-8-2020 Invoice - 20201208-1 To City of Anna 312 North Powell Pkwy Anna, Texas 75409 Ship To N/A Instructions N/A Quantity Description Unit Price Total 18,325,000 gallons Per Interlocal Agreement between Cities of Anna and Melissa For Purchase and Corresponding Sale of a Portion of Melissa's Minimum Take or Pay Obligation under the GTUA-Cities of Melissa, Anna, Van Alstyne, and Howe Potable Water Supply Contract 2019-20 MT-P Water to Anna $1.765/thousand $32,343.63 Subtotal $32,343.63 Sales Tax Shipping & Handling Total Due $32,343.63 City of Melissa Tel 972-838-2031 3411 Barker Ave Cityofinelissa.com Fax 972-837-2452 Melissa, Tx 75454 gdansby@cityofinelissa.com CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS REALTED TO THE AN INTER -LOCAL AGREEMENT BETWEEN THE CITIES OF ANNA AND MELISSA UNDER WHICH THE CITY OF MELISSA AGREES TO TRANSFER A PORTION OF ITS CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATIONS WITH THE GREATER TEXOMA UTILITY AUTHORITY (GTUA) TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA AND AUTHORIZING THE CITY MANAGER TO SIGN THE INTER -LOCAL AGREEMENT WHEREAS, the City of Melissa, Texas has previously authorized and executed agreements with the Greater Texoma Utility Authority for surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the City of Melissa has chosen to not accept delivery of a portion of the agreed minimum take or pay water through the end of the 2020 water year (ended July 31, 2020) and desires to transfer a portion of its obligated minimum take or pay for said 2020 water year to the City of Anna for consideration detailed in an inter -local agreement; and; WHEREAS, the City of Anna has indicated interest in purchasing a portion of the City of Melissa's minimum take or pay for the water year ended July 31, 2020 as explained in a report memorandum to the City Managers,/Administrators of the Cities of Melissa, Anna, Van Alstyne and Howe, dated October 5, 2020 by Donald E. Paschal, Jr., consultant to said cities, which report memorandum is attached to said inter -local agreement as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between CGMA-GTUA City of Anna and the selling CGMA-GTUA Cities of Melissa, Howe and Van Alstyne.; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The City Council of the City of Anna authorizes the execution by the City Manager of the attached Inter -local Agreement with the City of Howe for the terms detailed therein providing for the following: A. Receiving a portion of Melissa's GTUA required minimum take or pay from Melissa as provided for in the attached Inter -local Agreement. B. Agreeing to pay for the agreed portion of the 2020 water year minimum take or pay to the City of Melissa. Section 2. Verification. RES. PAGE 1 OF 2 It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Section 3. Approval of Resolution. This Resolution shall be effective immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of January, 2021. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor RES. PAGE 2 OF 2 THE CITY OF Afth� AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Approve a Resolution awarding bids for the construction of a ballfield and fence installation at Johnson Park to Homerun Construction Services, LLC, of Blue Ridge, Texas in the amount of $82,362 and authorize the City Manager to execute the contract. (Marc Marchand, Director of Neighborhood Services) SUMMARY: Approve a Resolution awarding a contract for the construction of a ballfield and fence installation at Johnson Park to Homerun Construction Services, LLC, in the amount of $82,362 and authorize the City Manager to execute the contract. Neighborhood Services is renovating Johnson Park including relocating a ballfield and installing new fencing on two ballfields. The department contacted a number of local vendors and receive three quotes for each part of the project. Homerun Construction Services provided the lowest and best bid for the relocation/construction of the ballfield ($49,180) and the installation of the new fence at the park ($33,182). Since the total amount of the work done by this company at the park exceeds $50,000, City Council approval is required. FINANCIAL IMPACT: Funding is available in Project #372, Johnson Park Improvement, account number 72- 752-6901. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Approve the Resolution awarding the contract for park improvements to Homerun Construction Services, LLC of Blue Ridge, TX in the amount of $82,362 and authorize the City manager to execute the contract. ATTACHMENTS: 1. Resolution Johnson Park 01122021 2. Johnson Park Fence Purchasing Quote 3. Johnson Park Ballfield Renovation JM R&M Quote APPROVALS: Alan Guard, Created/Initiated - 1/8/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A CONTRACT TO HOMERUN CONSTRUCTION SERVICES, LLC, OF BLUE RIDGE, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN THE INTER -LOCAL AGREEMENT WHEREAS, the City of Anna, Texas has previously approved a capital improvement budget for FY 2021; and; WHEREAS, the approved capital budget includes improvements at Johnson Park including renovating, relocating ballfields and providing new fencing; and; WHEREAS, the Neighborhood Services Department followed proper purchasing procedures and received appropriate bids for the work to be completed; and; WHEREAS, Homerun Construction Services, LLC of Blue Ridge, Texas is a qualified contractor and provided the lowest and best bid; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The City Council of the City of Anna awards the contract for field relocation/construction and fence installation at Johnson Park for the terms detailed therein providing for the following: A. Field relocation/construction in the amount of $33,182. B. Fence installation in the amount of $49,180. Section 2. Authorization. Authorize the City Manager to execute the contract. Section 3. Approval of Resolution. This Resolution shall be effective immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of January, 2021. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor RES. PAGE 1 OF 1 THE CITY OF Anna Purchasing Quote Form Purchases of $3,000-$49,999 Department: arks Department Date: Submitted by: .Matt Lewis Item: lJohnson Park New Fence for Ballfields QuoteSummary (Attach Supporting Documentation if Required) Vendor Run Construction LLC Quantity 1 Unit Price 49,180.00,180.00 �TottaPriceHome Robinson Fence Company Inc. 1 76,750.00 76,750.00 LSR Multifamily 1 81,645.361 81,645.36 Privacy Fence Contractors, LLC (HUBS) 0 0 I 0 Llano River Fence Company LLC (HUBS) 0 0 0 Written quotes are required for al/ purchases from $3,000-$49,999. This quote form shall be completed and approved by the appropriate approval level prior to making the purchase. Additionally, 2 HUB`s must be invited to quote on purchases exceeding $2,999. Evidence of the invitation must accompany the purchase order. %.VII7111t!nL5 regdraing t4uoTes Privacy Fence Contractor, LLC (HUBS) did not respond Llano River Fence Company LLC (HUBS) did not respond Signature(s): JM Repair and Maintenance Jose Med ra no Cell 1469.6677856 Email ljmhrepairl8@gmail.com Invoice #: 701 Date: Saturday, January 2, 2021 Bill To: custom project For: Supplies / Reimbursement Description Total Dirt work to relocated existin south field $44,500.00 Bring in 2 inch of clay infield material sod Make all checks payable to lose Medrano e Thank you for your business, Jose Subtotal Tax Rate Sub Total Total Cost . $ 44,500,00 t. NIA $ 44,500.00 $ 44,500.00 THE CITY OF Afth� Item No. 6.a. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Greg Peters AGENDA ITEM: Consider/Discuss/Action an Ordinance to revise the sewer lateral inspection process. (Director of Public Works Greg Peters, P.E.) SUMMARY: Currently, the Anna Public Works Department performs a TV inspection of all new sewer laterals constructed with private development in the City. While this process worked well during periods of low to moderate residential construction volumes, it has begun to overwhelm our limited staff who have primary responsibilities regarding the maintenance and operation of the public water and sewer system. Currently our utility crews spend approximately half a day each Tuesday and Thursday completing these inspections, which has decreased our ability to respond to neighbor concerns, leaks, and maintenance tasks. The proposed process changes will allow the builder to hire a 3rd party to complete the inspection, which will allow the builder to get this inspection done faster with less time lost due to waiting for the City team to get to their project and complete the inspection. Upon completion, they will simply submit a completed form with a video recording of the inspection camera going through the lateral. The City Attorney has reviewed the proposed Ordinance changes in addition to the proposed form which will be used to ensure completion of the process. If approved, the City will work with the building community to initiate a transition to the new process. Staff believes that this process change will benefit both the building community and neighbors. FINANCIAL IMPACT: None. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of the Ordinance as presented. ATTACHMENTS: 1. Sewer Inspection Ord C03029D20201230CR1 2. Sewer Video Affidavit C03029D20201230CR1 APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 1/6/2021 CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING ARTICLE 12.04, SECTION 12.04.009 REGARDING SEWER INSPECTIONS; 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 sewer inspections; and WHEREAS, the City Council of the City of Anna ("City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Section 12.04.009 (Building/yard line sewer inspections) of Article 12.04 (Sewers) of The Anna City Code of Ordinances ("Anna Code") 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. Amendment In accordance with Article 1.01 of the Anna Code the following amendments are made to Section 12.04.009 (Building/yard line sewer inspections) of Article 12.04 (Sewers): ARTICLE 12.04 SEWERS Sec. 12.04.009 Building/yard line sewer inspections Each building sewer shall be inspected by video camera-, including the private segment and the public segment of the building sewer. The segment from the building cleanout to the public right-of-way or public easement shall be considered the private building sewer. The segment from the public right-of- way or public easement to the city's public sewer main shall be considered the public building sewer. Video inspections shall be conducted on all new construction projects and building sewers that are being replaced. Inspections shall be conducted by +ho Gity p blir ,e,nrlec department a qualified third party selected by the contractor and all inspections shall be performed at no cost to the city. T4+s-An inspection w-4-shall be scheduled -completed after the rough plumbing inspection when all test plugs have been removed and the CITY OF ANNA, TEXAS ORDINANCE NO. building sewer trench has been backfiIled. The contractor or owner shall submit to the public works department the following for review and approval or rejection: (1) a full and complete digital copy of the video; and (2) a fully executed and notarized "Building Sewer Video Inspection Affidavit" in a form provided by the city. The building sewer camera inspection must be performed aR d appreyed- befero ronoMRg a framiRg insnontinn fnr ReW nnnstnin+inn ARd prior to issuance of a green tag for at are beiRg . The permit, or a certificate of occupancy for the building. All damage, debris, and defects identified during the video inspection shall be remedied by the contractor or owner, and confirmed with a follow-up video inspection aR4 ro_insnont�n are as set t in �„ A 6 n of thefeet he i ilo in appendix rc�rrapcv r'i-a-v--aav �'rr�cc1106n �m-cc�Tcncrrzr A of this rorro prior to city approval. The building permit applicant of record assumes sole responsibility for any debris removal or major repair required to the public segment of the building sewer for a period of 12 months from the inspection date listed below. It shall be a criminal misdemeanor punishable by a fine not to exceed $2,000 or the highest amount allowed by applicable law (whichever is less) for any person to edit or otherwise alter any video or other information related to an inspection required under this section in a manner that omits, disguises or otherwise removes, diminishes, or obscures any damage, debris or defect. (Ordinance 232-2005 adopted 10/25/05; Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49, sec. 4.26; Ordinance adopted Section 3. 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. CITY OF ANNA, TEXAS ORDINANCE NO. Section 4. 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 the lesser of $2,000 or the highest amount allowed by applicable law for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 5. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council 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 12th day of January 2021. ATTESTED: Carrie L. Land, City Secretary APPROVED: Nate Pike, Mayor CITY OF ANNA, TEXAS ORDINANCE NO. THE CITY OF Anna BUILDING SEWER VIDEO INSPECTION AFFIDAVIT 1 STATE OF TEXAS COUNTY OF COLLIN PUBLIC WORKS DEPARTMENT BEFORE ME, the undersigned authority, on this day personally appeared, known by me to be a credible person and competent in all respects to make this Affidavit, and, who, being by me duly sworn, upon their oath stated: "My name is I am over twenty-one years of age and am fully competent to make this affidavit, which is true and correct, and based on my personal knowledge of the facts stated herein. The address of the sewer construction that is the subject of this affidavit is The building sewer line at the address listed above has been fully inspected using an industry standard camera/video device for the following segments of the sewer line: (check all that apply) Private: from the building cleanout to the public right-of-way line or public easement Public: from the public right-of-way line or public easement to the City public sewer main The building sewer line was found to be: (check all that apply) In working order with no visible defects or other problems No blockage or debris present No visible damage to the pipe, including breaks, cracks, deformation or deflection The video of the inspection being submitted to the City of Anna with this affidavit was not edited or otherwise altered in in a manner that omits, disguises or otherwise removes, diminishes, or obscures any damage, debris or defect. Signed on the day of STATE OF TEXAS COUNTY OF COLLIN SIGNED (printed name) 20 Before me, a Notary Public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements contained therein are true and correct. SIGNED before me on this_ day of 20 Notary Public, State of Texas 1 Provide this completed affidavit with a digital copy of the video footage to the Public Works Department. The Building Permit Applicant of Record assumes responsibility for any debris removal or major repair required to the public segment of the building sewer for a period of 12 months from the inspection date listed below. 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P-1428 ,y � ,7„ - I 15' P4o4 MH 1410 a PROPOSED P 1P-1444 MH 145 8 MH1630 18" �l MH1438 P-1406 27 MH1412 8„ MH1540 - N —0 P 36 2 NM141 (;400 tom- I MH1456 PILOT GROVE MH 1720 MH 1706 CREEK 24 coLLIN COUNTY OUTER Loop g" 8„ LIFT STATION P-1434 / MH1444 8" MH1432 MH1408 MH1544 �s ?, NTMWD P-1714 P-1696 BUILDOUT PE) MH1546 p �s•• P-1742 48" s36 4 z7" T H R O C K M O R TO N MH 1446 ��� - ��� ��� ` � � P 144_ 1�" 3 FLOW 10.2 M HtSas MH1626 NM1732 -1538 27" CREEK P.O.E.-------- I 4' MH15501980 - NTMWD - - 1r 1 MH1454 I I P-13" 1 l� 1. P-1540 7 z7' P-1722 33" MH 1692 H1552 1 � CLEMONS P-17�4 P-1944 F 48" FORCE MAIN � � � � � � ` 30 ,0„ MH1708 P-1542 P-1440 P-1700 ���r•I CREEK P.O.E. 15" 42 t i■�■ �. � �� P-16 8 µ.i P-1544 30' MH1556 MH1654 24" FORC' IN Uj MH 1724 / P-15463° PROPOSED MH1558 �i P-1646 -1 P-1548 MH1742 42 PILOT GROVE 30" MH14�0 155 - P-1938 18" CREEK 62 3 MH19380" -1740 "� CITY OF ANNA P-194018" P-1438 PROPOSED LIFT STATION 4 MH 1552 27° - CITY OF ANNA HARRINGTON BUILDOUT PEAK P 30" CITY OF ANNA CLEMONS CREEK P-174833" 716 P-1 18' 30' FLOW 11.8 MGD M 1530 THROCKMORTON - CONTRACTED CAPACITY MH1746 CLEMONS CREEK PROPOSED BRANCH PMH 6 TRUNK SEWER P-15 30" MH 36 MH158 18 INTERCEPTOR - 1-17 1" M MITI CREEK 4 BIUILDOUT STATION PEAK 3.0 MGD 2014 MH1748 SISTER GROVE >7P_15 3 P 1750 18 4 6. 5 M G D -TOTAL PEAK FLOW I MH1750 M� TOTAL PEAK FLOW MH14a2 � `1 42" 62 36' 12.2 MGD —1 MH1752 1754 21 -156 3 FLOW 13.1 MGD 11638 P_156 36" LIFT STATION — 1 6 - 1724 P_ 3' P-19 - 1' BUILDOUT PEAK P33" 27, ,• ,* MH1754 D 5 _ �� 6L 36" M P_17175821' FLOW 45.1 MGD -0 P-1630 M so P176zr' 42" P-15 6" P-1762 21 " MH1582 CITY OF ANNA (MH1578) MH176° P-1946 ``♦ P-1764 21" o„ A MH1694 MH1640 P-1572MH15 - 1984 THROCKMORTON CREEK/TRINITY RIVER INTERCEPTOR MH176 42„ F.M.54 ���p, 4 !8 MH1584 P-1766 24" - �ja P-1632 CONTRACTED CAPACITY UPSTREAM: 5.60 MGD (2014) MH1764 42" 68 30" q, MH1586 MH17766 M1I1642 P27" CONTRACTED CAPACITY DOWNSTREAM: 9.60 MGD (2014) PP1770 MHl B HAR I N GTO P-1634 1576 36" 70 % 42" MHI588 - 1644 MH1590 "' N C H P-1578 36" P-1636 P-1640 36" P1s8o Y-i MH1592 42„ -�0:4 MH1646 36^ P1s8z 24„ P-1638 42" - MH1776 MH1778 M111648 MH198 P-1780 z4^ MH1594 HI872 -1976 MH17.17 MHl P-187 36" 874 MH1P 187836" I —I P17824Tj as P-191 42" P-18 36" MH 1884 P-1 88 36" MH 1900 P-190 MH1902 P-1962 48" P-1 6 42" 1904 P-11 P-1912 MH 1910- P-1914 P-1920 48" P-1922 48" P- 5 MH1920 P-1924 48" MH1922-- P-1926 48" MH1924 P-1928 48" MH1926 - 930 48" H 1928 P-1932 48' 15 P-1934 48" A !] H1932 NTMWD P.O.E. #2 TO NTMWD UPPER EAST FORK REGIONAL SYSTEM MH 1864 MH 1866 P-1870 2 P-1872 1, CITY OF ANNA THROCKMORTON on I X-) INTERCEPTOR �. TOTAL PEAK FLOW 33.3 MGD P-1948 48" R /'� 1MAP a LEGEND MH1820 P 1822 27" P-1824 27' MH1 22 P- 826 27" MH1824 P-1828 27" MH1826 P-1950 P-1830 27" 54" MH1828 P-1832 MH1834 2P 127g I P-1836 P-1% 4„ r NTMWD P.O.E. #3 O PROPOSED MANHOLES O EXISTING MANHOLES O EXISTING ANNA/MELISSA MANHOLES P- 8- EXISTING SEWER LINE AND SIZE 0 2000 4000 P-8* 8 PROPOSED SEWER LINE AND SIZE P-8- EXISTING ANNA/MELISSA SEWER LINE AND SIZE SCALE IN FEET 2 PROPOSED LIFT STATION 2 EXISTING LIFT STATION P-1000EXISTING FOR 1-- 8" FORCE MAIN P-2000 FORCE MAIN AND SIZE CITY OF ANNA, TEXAS -!Z-- a F�oRCE MAIN PROPOSED FORCE MAIN AND SIZE PLANNING AREA BOUNDARY (E.T.J.) WASTEWATER COLLECTION SYSTEM BASIN BOUNDARY MANTUA BOUNDARY MASTER PLAN 2018 P.O.E. POINT OF ENTRY ESTATE LOT BOUNDARY BIRKHOFF, HENDRICKS & CARTER, L.L.P. FLOOD PLAIN LIMITS PROFESSIONAL ENGINEERS TBPE FIRM NO. 526 / TBPLS FIRM NO. 100318-00 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 November 2018 C N H:\Projects\Anna\2013105 WWMP\Maps\2018 WW Master Plan.dwg OF ANNA R�BR/MRIMR>� RRR�BIR7ROM�rRU� .�eMILNNIw! • PROPOSED &LANE OVERPASS © PROPOSED COLLIN COUNTY OUTER LOOP � b mmm • i i i ■ i ��• o� of DIT i CITY OF ANNA SCALE IN MILES 0 S ] N LEGEND D a ® CITY HALL g ccHooL----•-••• EXTRA TERRITORIAL JURISDICTION BOUNDARY ® rL000 HazaRo Aaza DATE ]-22—]0 ANNA FIGURE 22 THOROUGHFARE PLAN 2010-2030 CITY i OF ANNA corms RAN N" low Cs) 1000 500 250 0 1000 1 "=1000' ha PHASE 4 - CONSTRUCT 12" WATER IN THROCKMORTON BLVD ROW APPROXIMATELY 4,980 LINEAR FEET 1 ' to C, �lifj )+I /1 I LEGEND d � d•=r: �s. � /LPHASE 5 111 � PHASE IIB II PHASE 3 coM/ W 0 0 O Y UO PHASE 1 • l PHASE 1- CONSTRUCT 16"WATER IN ROSAMOND PKWY ROW APPROXIMATELY 4,670 LINEAR FEET PROPOSED PERIMETER WATERLINE 12" OR GREATER PHASE LINE C_4 CR 371 I I I I Y Z O I I JJRLOSAMOND I F I Lu ILL Lu LL ONSTRUCT 12" WATER IN PKWY ROW TELY 1,515 LINEAR FEET 1_" PKIAiv T PHASE 2A u CR 370 .3 BOHLERr' 6017 MAIN STREET FRISCO, TX 75034 Phone: (469)458-7300 7X@BohlerEng. TBPE No18065 1 TBPLS No10194413 L PHASE1-CONSTRUCT16"WATERIN 30' EASEMENT APPROXIMATELY 2,115 LINEAR FEET (FUTURE FERGUSON PKWY) I THE WOODS AT LINDSEY PLACE ANNAJEXAS Z Q J Lu L L V W k h V N" /M sA E 1000 500 250 0 1000 1 "=1000' } ,1 yyyFyyy 5 do C V' I PHASE1- CONSTRUCT 12"SEWERIN ROSAMOND PKWY ROW } ` APPROXIMATELY 680 LINEAR FEET •i' - r PHASE 1- CONSTRUCT 15"SEWER IN 30' EASEMENT APPROXIMATELY 1,560 LINEAR FEET LEGEND � /LPHASE 5 111 � II I PHASE 2B CR 371 1 z PHASE 3 O .00 (D U PHASE 1 PROPOSED PERIMETER SEWER LINE 12" OR GREATER PHASE LINE w ILL ROSAMOND PKWY PHASE 2A u PHASE 1- CONSTRUCT 15"SEWER IN ROSAMOND PKWY ROW APPROXIMATELY 300 LINEAR FEET CR 370 BOHLER// 6017 MAIN STREET FRISCO, TX 75034 Phone: (469)458-7300 7X@BohlerEng.—. TBPE No18065 1 TBPLS No10194413 THE WOODS AT LINDSEY PLACE ANNAJEXAS N" low =S4 11 1000 500 250 0 1000 1 "=1000' r PHASE 4- DEDICATE HALF OF 172ROWS ` CONSTRUCT EAST 2-LANES g • `� .. OF THROCKMORTON BLVD (26' B-B) r APPROXIMATELY 4,990 LINEAR FEET to LEGEND m M d � d•=r: �s. CR 371 PHASE 5 — II PHASE 2B PHASE 3 J m o C) PHASE 1 i T I PHASE 2A I , I , N=) Lu ` PHASE 3- DEDICATE HALF OF 12G ROW OF FERGUSON PKWY ` -_- NO IMPROVEMENTS t. ( ) ROSAMOND PKWY PHASE 1 - DEDICATE 120' ROW_ CONSTRUCT NORTH 2-LANES 4� OF ROSAMOND PKWY (26' B-B) -�' ;T CR 370 APPROXIMATELY 4,410 LINEAR FEET F . BOHLER r PROPOSED PERIMETER ROADWAY PHASE LINE 6017 MAIN STREET FRISCO, TX 75034 Phone: (469) 458-7300 7X@BohlerEng.—. TBPE No. 18065 I TBPLS No10194413 J[PHASE 1 - DEDICATE 120' ROW CONSTRUCT SOUTH 2-LANES OF ROSAMOND PKWY (26' B-B) APPROXIMATELY 1,620 LINEAR rl [�IMPROVEME]TS) PHASE 2A-DEDICATE 120' ROW ERGUSON WY r: _ I THE WOODS AT LINDSEY PLACE ANNAJEXAS The Woods at LindseyPlace BE JN: TD202021 Location: Anna, Texas Project Summary Lot Count Acreage Date Prepared by Bohler with notes for assumptions 951 76.69 1 1/4/2021 SUMMARY Onsite Public Improvements COST Phase 1 $4,731,026 Phase 2A $1,990,351 Phase 2B $2,786,898 Phase 3 $3,225,579 Phase 4 $3,485,461 Phase 5 SUBTOTAL $2,168,971 DESIGN AND ENGINEERING 10% $1,838,828.60 CONTINGENCIES 15% $2,758,242.90 TOTALONSITE COST•• • Summary - 1 The Woods at LindseyPlace Phase 1 Prepared by Bohler with notes for assumptions BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 218 11.25 1 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 11.25 $22,500 UNCLASSIFIED EXCAVATION $3.50 CY 32,000 $112,000 MISC. DEMOLITION $10,000 LS 2 $20,000 GEOTECH TESTING $0.25 CY 32,000 $8,000 SILT FENCE $1.25 LF 19,600 $24,500 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 SITE PREP/GRADING • 00 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 1 $1,500 8" SDR-35 (< 12' DEEP) $37 LF 6,750 $249,750 12" SDR-35 (< 12' DEEP) $45 LF 750 $33,750 15" SDR-35 (< 12' DEEP) $60 LF 500 $30,000 4' DIA. MANHOLE $4,000 EA 26 $104,000 5' DIA. MANHOLE $5,000 EA 7 $35,000 4" SEWER SERVICE $1,200 EA 218 $261,600 TRENCH SAFETY $1.50 LF 8,000 $12,000 TESTING (INCLUDING GEOTECH) $5.00 LF 81000 $40,000 MISCELLANEOUS $767,600 PERCENT 10% $76,760 BONDS $767,600 PERCENT 2% $15,352 INSPECTION FEE $767,600 1 PERCENT 1 3% $23,028 SANITARY• ,0 Phase 1 - 2 The Woods at LindseyPlace Phase 1 Prepared by Bohler with notes for assumptions BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 218 11.25 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 440 $10,560 8" PVC (WITH FITTINGS) $28 LF 9,800 $274,400 8" GATE VALVE AND BOX $1,200 EA 50 $60,000 FIRE HYDRANT ASSEMBLY $3,500 EA 22 $77,000 1" WATER SERVICE (W/METER) $600 EA 218 $130,800 1.5" IRRIGATION SERVICE (W/METER) $800 EA 2 $1,600 TRENCH SAFETY $1.00 LF 10,240 $10,240 TESTING (INCLUDING GEOTECH) $5.00 LF 101240 $51,200 MISCELLANEOUS $618,800 PERCENT 10% $61,880 BONDS $618,800 PERCENT 2% $12,376 INSPECTION FEE $618,800 1 PERCENT 1 3% $18,564 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,963,099 PERCENT 45% $883,395 TESTING $883,395 PERCENT 3% $26,502 BONDS $883,395 PERCENT 2% $17,668 INSPECTION FEE $883,395 PERCENT 1 3% $26,502 STORM• 0. PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 33,756 $1,215,200 6" SUBGRADE PREPARATION $4.50 SY 35,781 $161,014 HYDRATED LIME (36#/SY) $180 TON 644 $115,930 4" THICK SIDEWALK (5- WIDE) $5.00 SF 3,500 $17,500 4" THICK TRAIL (8- WIDE) $5.00 SF 8,800 $44,000 BARRIER FREE RAMP $2,500 EA 30 $75,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 20 $30,000 MISCELLANEOUS $1,663,644 PERCENT 10% $166,364 TESTING $1,663,644 PERCENT 3% $49,909 BONDS $1,663,644 PERCENT 2% $33,273 INSPECTION FEE $1,663,644 1 PERCENT 1 3% $49,909 PAVINGTOTAL $1,963,099 Phase 1 - 3 The Woods at LindseyPlace BE JN: TD202021 Location: Anna, Texas Phase 1 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 218 11.25 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $219,500 SANITARY SEWER $882,740 DOMESTIC WATER $711,620 STORM SEWER $954,067 PAVING $1,963,099 SUBTOTAL. DESIGN AND ENGINEERING 10% $473,102.60 CONTINGENCIES 15% $709,653.90 Phase 1 - 4 The Woods at LindseyPlace Phase 1 CIP - Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 19.14 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 19.14 $38,280 UNCLASSIFIED EXCAVATION $3.50 CY 49,143 $172,000 MISC. DEMOLITION $70,000 LS 1 $70,000 SEED AND WATER $0.20 SF 298,500 $59,700 SOD AND WATER $0.50 SF 361,800 $180,900 SILT FENCE $1.25 LF 31,960 $39,950 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE $2,500 EA 3 $7,500 TESTING $476,195 PRECENT 3% $14,286 PREP/GRADINGSITE SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 1 $1,500 12" SDR-35 (< 12' DEEP) $45 LF 680 $30,600 15" SDR-35 (< 12' DEEP) $60 LF 1,860 $111,600 5' DIA. MANHOLE $5,000 EA 8 $40,000 TRENCH SAFETY $1.50 LF 2,540 $3,810 TESTING (INCLUDING GEOTECH) $5.00 LF 2,540 $12,700 MISCELLANEOUS $200,210 PERCENT 10% $20,021 BONDS $200,210 1 PERCENT 1 2% $4,004 INSPECTION FEE $200,210 1 PERCENT 1 3% $6,006 SANITARY, Phase 1 CIP - 5 The Woods at LindseyPlace Phase 1 CIP - Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 19.14 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 260 $6,240 8" PVC (WITH FITTINGS) $28 LF 360 $10,080 16" PVC (WITH FITTINGS) $60 LF 6,790 $407,400 8" GATE VALVE AND BOX $1,200 EA 4 $4,800 12" GATE VALVE AND BOX $2,000 EA 3 $6,000 16" BUTTERFLY VALVE $6,000 EA 22 $132,000 FIRE HYDRANT ASSEMBLY $3,500 EA 13 $45,500 TRENCH SAFETY $1.00 LF 7,410 $7,410 TESTING (INCLUDING GEOTECH) $5.00 LF 71410 $37,050 MISCELLANEOUS $659,480 PERCENT 10% $65,948 BONDS $659,480 1 PERCENT 1 2% $13,190 INSPECTION FEE $659,480 PERCENT 1 3% $19,784 DOMESTIC WATER TOTAL40 Phase 1 CIP - 6 The Woods at LindseyPlace Phase 1 CIP - Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 19.14 1/4/2021 STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,450,080 PERCENT 45% $652,536 CULVERT CROSSING $200,000 EA 2 $400,000 TESTING $1,052,536 PERCENT 3% $31,576 BONDS $1,052,536 PERCENT 2% $21,051 INSPECTION FEE $1,052,536 PERCENT 3% $31,576 STORM• PAVING UNIT $ UNIT QUANTITY TOTAL 8" REINFORCED CONC. PAVING (W/CURB) $50 SY 18,056 $902,778 8" SUBGRADE PREPARATION $5.00 SY 19,139 $95,694 HYDRATED LIME (36#/SY) $180 TON 345 $62,010 4" THICK TRAIL (8- WIDE) $5.00 SF 19,080 $95,400 BARRIER FREE RAMP $2,500 EA 8 $20,000 TRAFFIC CONTROL $20,000 LS 1 $20,000 SIGNS (STREET BLADES / STOP) $1,500 EA 2 $3,000 PAVEMENT MARKINGS $30,000 LS 1 $30,000 MISCELLANEOUS $1,228,882 PERCENT 10% $122,888 TESTING $1,228,882 PERCENT 3% $36,866 BONDS $1,228,882 PERCENT 2% $24,578 INSPECTION FEE $1,228,882 1 PERCENT 1 3% $36,866 PAVING TOTAL0:0 SUMMARY SECTION COST SITE PREP/GRADING $612,616 SANITARY SEWER $230,242 DOMESTIC WATER $758,402 STORM SEWER $1,136,739 PAVING $1,450,080 SUBTOTAL DESIGN AND ENGINEERING 10% $418,807.85 CONTINGENCIES 15% $628,211.78 Phase 1 CIP - 7 The Woods at LindseyPlace Phase 2A Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 75 4.82 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 4.82 $9,640 UNCLASSIFIED EXCAVATION $3.50 CY 14,000 $49,000 MISC. DEMOLITION $10,000 LS 2 $20,000 GEOTECH TESTING $0.25 CY 14,000 $3,500 SILT FENCE $1.25 LF 8,400 $10,500 INLET PROTECTION $15,000 LS 1 $15,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 SITE PREP/GRADING • 40 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 2 $3,000 8" SDR-35 (< 12' DEEP) $37 LF 3,400 $125,800 4' DIA. MANHOLE $4,000 EA 13 $52,000 4" SEWER SERVICE $1,200 EA 75 $90,000 TRENCH SAFETY $1.50 LF 3,400 $5,100 TESTING (INCLUDING GEOTECH) $5.00 LF 3,400 $17,000 MISCELLANEOUS $292,900 PERCENT 10% $29,290 BONDS $292,900 1 PERCENT 1 2% $5,858 INSPECTION FEE $292,900 1 PERCENT 1 3% $8,787 TOTALSANITARY SEWER Phase 2A - 8 The Woods at LindseyPlace Phase 2A Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 75 4.82 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 160 $3,840 8" PVC (WITH FITTINGS) $28 LF 4,200 $117,600 8" GATE VALVE AND BOX $1,200 EA 14 $161800 FIRE HYDRANT ASSEMBLY $3,500 EA 8 $28,000 1" WATER SERVICE (W/METER) $600 EA 75 $45,000 1.5" IRRIGATION SERVICE (W/METER) $800 EA 1 $800 TRENCH SAFETY $1.00 LF 4,360 $4,360 TESTING (INCLUDING GEOTECH) $5.00 LF 41360 $21,800 MISCELLANEOUS $241,200 PERCENT 10% $24,120 BONDS $241,200 PERCENT 2% $4,824 INSPECTION FEE $241,200 PERCENT 1 3% $7,236 DOMESTIC WATER TOTAL:0 STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $851,949 PERCENT 45% $383,377 TESTING $383,377 PERCENT 3% $11,501 BONDS $383,377 PERCENT 2% $7,668 INSPECTION FEE $383,377 1 PERCENT 1 3% $11,501 STORM SEWER TOTAL0, PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 14,467 $520,800 6" SUBGRADE PREPARATION $4.50 SY 15,335 $69,006 HYDRATED LIME (36#/SY) $180 TON 276 $49,684 4" THICK SIDEWALK (5- WIDE) $5.00 SF 9,100 $45,500 BARRIER FREE RAMP $2,500 EA 8 $20,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 8 $12,000 MISCELLANEOUS $721,990 PERCENT 10% $72,199 TESTING $721,990 PERCENT 3% $21,660 BONDS $721,990 PERCENT 2% $14,440 INSPECTION FEE $721,990 PERCENT 3% $21,660 PAVING TOTAL.,. Phase 2A - 9 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 2A Lot Count Acreage Date Prepared by Bohler with notes for assumptions 75 4.82 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $110,140 SANITARY SEWER $336,835 DOMESTIC WATER $277,380 STORM SEWER $414,047 PAVING $851, 949 SUBTOTAL•0 ,351 DESIGN AND ENGINEERING 10% $199,035.10 CONTINGENCIES 15% $298,552.65 Phase 2A - 10 The Woods at LindseyPlace Phase 2B Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 123 6.43 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 6.43 $12,860 UNCLASSIFIED EXCAVATION $3.50 CY 18,000 $63,000 MISC. DEMOLITION $10,000 LS 2 $20,000 GEOTECH TESTING $0.25 CY 18,000 $4,500 SILT FENCE $1.25 LF 11,200 $14,000 INLET PROTECTION $20,000 LS 1 $20,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 TOTALSITE PREP/GRADING .0 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 1 $1,500 8" SDR-35 (< 12' DEEP) $37 LF 2,700 $99,900 10" SDR-35 (< 12' DEEP) $42 LF 1,600 $67,200 12" SDR-35 (< 12' DEEP) $45 LF 600 $27,000 4' DIA. MANHOLE $4,000 EA 13 $52,000 5' DIA. MANHOLE $5,000 EA 4 $20,000 4" SEWER SERVICE $1,200 EA 123 $147,600 TRENCH SAFETY $1.50 LF 4,900 $7,350 TESTING (INCLUDING GEOTECH) $5.00 LF 41900 $24,500 MISCELLANEOUS $447,050 PERCENT 10% $44,705 BONDS $447,050 PERCENT 2% $8,941 INSPECTION FEE $447,050 PERCENT 1 3% $13,412 TOTALSANITARY SEWER 0: Phase 2B - 11 The Woods at LindseyPlace Phase 2B Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 123 6.43 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 280 $6,720 8" PVC (WITH FITTINGS) $28 LF 5,600 $156,800 8" GATE VALVE AND BOX $1,200 EA 35 $421000 FIRE HYDRANT ASSEMBLY $3,500 EA 14 $49,000 1" WATER SERVICE (W/METER) $600 EA 123 $73,800 1.5" IRRIGATION SERVICE (W/METER) $800 EA 1 $800 TRENCH SAFETY $1.00 LF 5,880 $5,880 TESTING (INCLUDING GEOTECH) $5.00 LF 51880 $29,400 MISCELLANEOUS $367,400 PERCENT 10% $36,740 BONDS $367,400 PERCENT 2% $7,348 INSPECTION FEE $367,400 PERCENT 1 3% $11,022 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,153,042 PERCENT 45% $518,869 TESTING $518,869 PERCENT 3% $15,566 BONDS $518,869 PERCENT 2% $10,377 INSPECTION FEE $518,869 1 PERCENT 1 3% $15,566 STORM• .0 ,378 PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 19,289 $694,400 6" SUBGRADE PREPARATION $4.50 SY 20,446 $92,008 HYDRATED LIME (36#/SY) $180 TON 368 $66,246 4" THICK SIDEWALK (5- WIDE) $5.00 SF 800 $4,000 4" THICK TRAIL (8- WIDE) $5.00 SF 5,300 $26,500 BARRIER FREE RAMP $2,500 EA 26 $65,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 16 $24,000 MISCELLANEOUS $977,154 PERCENT 10% $97,715 TESTING $977,154 PERCENT 3% $29,315 BONDS $977,154 PERCENT 2% $19,543 INSPECTION FEE $977,154 1 PERCENT 1 3% $29,315 PAVING TOTAL $1,153,042 Phase 2B - 12 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 2B Lot Count Acreage Date Prepared by Bohler with notes for assumptions 123 6.43 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $136,860 SANITARY SEWER $514,108 DOMESTIC WATER $422,510 STORM SEWER $560,378 PAVING $1,153,042 SUBTOTAL DESIGN AND ENGINEERING 10% $278,689.80 CONTINGENCIES 15% $418,034.70 Phase 2B - 13 The Woods at LindseyPlace Phase 3 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 187 7.35 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 7.35 $14,700 UNCLASSIFIED EXCAVATION $3.50 CY 21,000 $73,500 MISC. DEMOLITION $10,000 LS 5 $50,000 GEOTECH TESTING $0.25 CY 21,000 $5,250 SILT FENCE $1.25 LF 12,800 $16,000 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 TOTALSITE PREP/GRADING SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 4 $6,000 8" SDR-35 (< 12' DEEP) $37 LF 5,700 $210,900 4' DIA. MANHOLE $4,000 EA 23 $92,000 4" SEWER SERVICE $1,200 EA 187 $224,400 TRENCH SAFETY $1.50 LF 5,700 $8,550 TESTING (INCLUDING GEOTECH) $5.00 LF 5,700 $28,500 MISCELLANEOUS $570,350 PERCENT 10% $57,035 BONDS $570,350 1 PERCENT 1 2% $11,407 INSPECTION FEE $570,350 1 PERCENT 1 3% $17,111 TOTALSANITARY SEWER •0 Phase 3 - 14 The Woods at LindseyPlace Phase 3 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 187 7.35 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 5 $7,500 6" PVC (WITH FITTINGS) $24 LF 280 $6,720 8" PVC (WITH FITTINGS) $28 LF 6,400 $179,200 8" GATE VALVE AND BOX $1,200 EA 32 $381400 FIRE HYDRANT ASSEMBLY $3,500 EA 14 $49,000 1" WATER SERVICE (W/METER) $600 EA 187 $112,200 1.5" IRRIGATION SERVICE (W/METER) $800 EA 0 $0 TRENCH SAFETY $1.00 LF 6,680 $6,680 TESTING (INCLUDING GEOTECH) $5.00 LF 61680 $33,400 MISCELLANEOUS $433,100 PERCENT 10% $43,310 BONDS $433,100 PERCENT 2% $8,662 INSPECTION FEE $433,100 PERCENT 1 3% $12,993 DOMESTIC WATER TOTAL4• 0. STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,264,914 PERCENT 45% $569,211 TESTING $569,211 PERCENT 3% $17,076 BONDS $569,211 PERCENT 2% $11,384 INSPECTION FEE $569,211 1 PERCENT 1 3% $17,076 STORM• , PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 22,044 $793,600 6" SUBGRADE PREPARATION $4.50 SY 23,367 $105,152 HYDRATED LIME (36#/SY) $180 TON 421 $75,709 4" THICK SIDEWALK (5- WIDE) $5.00 SF 1,900 $9,500 4" THICK SIDEWALK (EXTRA 12" FOR 6- WALK) $5.00 SF 2,300 $11,500 4" THICK TRAIL (8- WIDE) $5.00 SF 1,600 $8,000 BARRIER FREE RAMP $2,500 EA 20 $50,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 9 $13,500 MISCELLANEOUS $1,071,961 PERCENT 10% $107,196 TESTING $1,071,961 PERCENT 3% $32,159 BONDS $1,071,961 1 PERCENT 1 2% $21,439 INSPECTION FEE $1,071,961 PERCENT 3% $32'159 PAVING TOTAL,, , Phase 3 - 15 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 3 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 187 7.35 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $191,950 SANITARY SEWER $655,903 DOMESTIC WATER $498,065 STORM SEWER $614,747 PAVING $1,264,914 SUBTOTAL DESIGN AND ENGINEERING 10% $322,557.90 CONTINGENCIES 15% $483,836.85 Phase 3 - 16 The Woods at LindseyPlace Phase 3 CIP - Ferguson Water Prepared by Bohler with notes for assumptions BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 1.04 1 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $4,000 ACRE 1.04 $4,160 MISC. DEMOLITION $10,000 LS 1 $10,000 SEED AND WATER $0.20 SF 48,150 $9,630 SILT FENCE $1.25 LF 3,210 $4,013 CONSTRUCTION ENTRANCE $2,500 EA 1 $2,500 SITE PREP/GRADING TOTAL DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,000 EA 1 $1,000 6" PVC (WITH FITTINGS) $24 LF 60 $1,440 8" PVC (WITH FITTINGS) $28 LF 30 $840 12" PVC (WITH FITTINGS) $42 LF 1,515 $63,630 8" GATE VALVE AND BOX $1,200 EA 1 $1,200 12" GATE VALVE AND BOX $2,000 EA 4 $8,000 FIRE HYDRANT ASSEMBLY $3,500 EA 3 $10,500 TRENCH SAFETY $1.00 LF 1,605 $1,605 TESTING (INCLUDING GEOTECH) $5.00 LF 11605 $8,025 MISCELLANEOUS $96,240 PERCENT 10% $9,624 BONDS $96,240 PERCENT 2% $1,925 INSPECTION FEE $96,240 PERCENT 3%L $2,887 DOMESTIC WATER TOTAL. SUMMARY SECTION COST SITE PREP/GRADING $30,303 DOMESTIC WATER $110,676 SUBTOTAL,0 . DESIGN AND ENGINEERING 10% $14,097.90 CONTINGENCIES 15% $21,146.85 Phase 3 CIP - 17 The Woods at LindseyPlace Phase 4 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 205 8.09 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 8.09 $16,180 UNCLASSIFIED EXCAVATION $3.50 CY 23,000 $80,500 MISC. DEMOLITION $10,000 LS 5 $50,000 GEOTECH TESTING $0.25 CY 23,000 $5,750 SILT FENCE $1.25 LF 17,600 $22,000 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $2,500 SITE PREP/GRADING • 0. ,930 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 2 $3,000 8" SDR-35 (< 12' DEEP) $37 LF 5,650 $209,050 4' DIA. MANHOLE $4,000 EA 27 $108,000 4" SEWER SERVICE $1,200 EA 205 $246,000 TRENCH SAFETY $1.50 LF 5,650 $8,475 TESTING (INCLUDING GEOTECH) $5.00 LF 5,650 $28,250 MISCELLANEOUS $602,775 PERCENT 10% $60,278 BONDS $602,775 1 PERCENT 1 2% $12,056 INSPECTION FEE $602,775 1 PERCENT 1 3% $18,083 TOTALSANITARY SEWER Phase 4 - 18 The Woods at LindseyPlace Phase 4 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 205 8.09 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 4 $6,000 6" PVC (WITH FITTINGS) $24 LF 280 $6,720 8" PVC (WITH FITTINGS) $28 LF 6,900 $193,200 8" GATE VALVE AND BOX $1,200 EA 34 $401800 FIRE HYDRANT ASSEMBLY $3,500 EA 14 $49,000 1" WATER SERVICE (W/METER) $600 EA 205 $123,000 1.5" IRRIGATION SERVICE (W/METER) $800 EA 2 $1,600 TRENCH SAFETY $1.00 LF 7,180 $7,180 TESTING (INCLUDING GEOTECH) $5.00 LF 71180 $35,900 MISCELLANEOUS $463,400 PERCENT 10% $46,340 BONDS $463,400 PERCENT 2% $9,268 INSPECTION FEE $463,400 PERCENT 1 3% $13,902 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,381,177 PERCENT 45% $621,530 TESTING $621,530 PERCENT 3% $18,646 BONDS $621,530 PERCENT 2% $12,431 INSPECTION FEE $621,530 1 PERCENT 1 3% $18,646 STORM• PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 24,211 $871,600 6" SUBGRADE PREPARATION $4.50 SY 25,664 $115,487 HYDRATED LIME (36#/SY) $180 TON 462 $83,151 4" THICK SIDEWALK (5- WIDE) $5.00 SF 3,000 $15,000 4" THICK SIDEWALK (EXTRA 12" FOR 6- WALK) $5.00 SF 250 $1,250 BARRIER FREE RAMP $2,500 EA 16 $40,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 26 $39,000 MISCELLANEOUS $1,170,488 PERCENT 10% $117,049 TESTING $1,170,488 PERCENT 3% $35,115 BONDS $1,170,488 PERCENT 2% $23,410 INSPECTION FEE $1,170,488 1 PERCENT 1 3% $35,115 TOTALPAVING Phase 4 - 19 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 4 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 205 8.09 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $206,930 SANITARY SEWER $693,191 DOMESTIC WATER $532,910 STORM SEWER $671,253 PAVING $1,381,177 SUBTOTAL4: 4. DESIGN AND ENGINEERING 10% $348,546.10 CONTINGENCIES 15% $522,819.15 Phase 4 - 20 The Woods at LindseyPlace Phase 4 CIP - Throckmorton Paving & Drainage, Throckmorton Water BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 13.75 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 13.75 $27,500 UNCLASSIFIED EXCAVATION $3.50 CY 39,000 $136,500 MISC. DEMOLITION $20,000 LS 1 $20,000 SOD AND WATER $0.50 SF 299,400 $149,700 SILT FENCE $1.25 LF 1,597 $1,996 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE $2,500 EA 1 $2,500 TESTING $368,196 1 PRECENT 1 3% $11,046 SITE PREP/GRADING • , DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,000 EA 1 $1,000 6" PVC (WITH FITTINGS) $24 LF 240 $5,760 8" PVC (WITH FITTINGS) $28 LF 90 $2,520 12" PVC (WITH FITTINGS) $42 LF 4,990 $209,580 8" GATE VALVE AND BOX $1,200 EA 3 $3,600 12" GATE VALVE AND BOX $2,000 EA 13 $26,000 FIRE HYDRANT ASSEMBLY $3,500 EA 12 $42,000 TRENCH SAFETY $1.00 LF 5,320 $5,320 TESTING (INCLUDING GEOTECH) $5.00 LF 51320 $26,600 MISCELLANEOUS $322,380 PERCENT 10% $32,238 BONDS $322,380 PERCENT 2% $6,448 INSPECTION FEE $322,380 PERCENT 1 3% $9,671 DOMESTIC WATER TOTAL Phase 4 CIP - 21 The Woods at LindseyPlace Phase 4 CIP - Throckmorton Paving & Drainage, Throckmorton Water BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 13.75 1/4/2021 STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,136,463 PERCENT 45% $511,408 TESTING $511,408 PERCENT 3% $15,342 BONDS $511,408 PERCENT 2% $10,228 INSPECTION FEE $511,408 PERCENT 3% $15,342 STORM• PAVING UNIT $ UNIT QUANTITY TOTAL 8" REINFORCED CONC. PAVING (W/CURB) $50 SY 13,861 $693,056 8" SUBGRADE PREPARATION $5.00 SY 14,693 $73,464 HYDRATED LIME (36#/SY) $180 TON 264 $47,605 4" THICK TRAIL (5- WIDE) $5.00 SF 14,850 $74,250 BARRIER FREE RAMP $2,500 EA 8 $20,000 TRAFFIC CONTROL $20,000 LS 1 $20,000 SIGNS (STREET BLADES / STOP) $1,500 EA 4 $6,000 PAVEMENT MARKINGS $30,000 LS 1 $30,000 MISCELLANEOUS $964,375 PERCENT 10% $96,438 TESTING $964,375 PERCENT 3% $28,931 BONDS $934,375 PERCENT 2% $18,688 INSPECTION FEE $934,375 1 PERCENT 1 3% $28,031 PAVINGTOTAL $1,136,463 SUMMARY SECTION COST SITE PREP/GRADING $379,242 DOMESTIC WATER $370,737 STORM SEWER $552,320 PAVING $1,136,463 SUBTOTAL, DESIGN AND ENGINEERING 10% $243,876.20 CONTINGENCIES 15% $365,814.30 Phase 4 CIP - 22 The Woods at LindseyPlace Phase 5 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 143 4.82 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 4.82 $9,640 UNCLASSIFIED EXCAVATION $3.50 CY 14,000 $49,000 MISC. DEMOLITION $10,000 LS 4 $40,000 GEOTECH TESTING $0.25 CY 14,000 $3,500 SILT FENCE $1.25 LF 8,400 $10,500 INLET PROTECTION $20,000 LS 1 $20,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 SITE PREP/GRADING • 40 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 3 $4,500 8" SDR-35 (< 12' DEEP) $37 LF 3,800 $140,600 4' DIA. MANHOLE $4,000 EA 14 $56,000 4" SEWER SERVICE $1,200 EA 143 $171,600 TRENCH SAFETY $1.50 LF 3,800 $5,700 TESTING (INCLUDING GEOTECH) $5.00 LF 3,800 $19,000 MISCELLANEOUS $397,400 PERCENT 10% $39,740 BONDS $397,400 1 PERCENT 1 2% $7,948 INSPECTION FEE $397,400 1 PERCENT 1 3% $11,922 SANITARY TOTAL Phase 5 - 23 The Woods at LindseyPlace Phase 5 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 143 4.82 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 4 $6,000 6" PVC (WITH FITTINGS) $24 LF 180 $4,320 8" PVC (WITH FITTINGS) $28 LF 4,200 $117,600 8" GATE VALVE AND BOX $1,200 EA 19 $221800 FIRE HYDRANT ASSEMBLY $3,500 EA 9 $31,500 1" WATER SERVICE (W/METER) $600 EA 143 $85,800 1.5" IRRIGATION SERVICE (W/METER) $800 EA 0 $0 TRENCH SAFETY $1.00 LF 4,380 $4,380 TESTING (INCLUDING GEOTECH) $5.00 LF 41380 $21,900 MISCELLANEOUS $294,300 PERCENT 10% $29,430 BONDS $294,300 PERCENT 2% $5,886 INSPECTION FEE $294,300 PERCENT 1 3% $8,829 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $833,363 PERCENT 45% $375,013 TESTING $375,013 PERCENT 3% $11,250 BONDS $375,013 PERCENT 2% $7,500 INSPECTION FEE $375,013 1 PERCENT 1 3% $11,250 STORM•$405,013 PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 14,467 $520,800 6" SUBGRADE PREPARATION $4.50 SY 15,335 $69,006 HYDRATED LIME (36#/SY) $180 TON 276 $49,684 4" THICK SIDEWALK (5- WIDE) $5.00 SF 3,800 $19,000 4" THICK SIDEWALK (EXTRA 12" FOR 6- WALK) $5.00 SF 1,450 $7,250 BARRIER FREE RAMP $2,500 EA 10 $25,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 7 $10,500 MISCELLANEOUS $706,240 PERCENT 10% $70,624 TESTING $706,240 PERCENT 3% $21,187 BONDS $706,240 PERCENT 2% $14,125 INSPECTION FEE $706,240 1 PERCENT 1 3% $21,187 PAVING TOTAL Phase 5 - 24 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 5 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 143 4.82 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $135,140 SANITARY SEWER $457,010 DOMESTIC WATER $338,445 STORM SEWER $405,013 PAVING $833,363 SUBTOTAL DESIGN AND ENGINEERING 10% $216,897.10 CONTINGENCIES 15% $325,345.65 Phase 5 - 25 THE CITY Or - Subdivision Improvement Agreement The Woods at Lindsey Place Overview • Development Location • Impact Fees Generated • Infrastructure Projects Needed • Impact Fee Review • Deal Points • Staff Recommendation [)P-vp-lnnmp-nt Intnrm2fic. �' Bonnie Ct k l"' p� Project :aLocation K A0.ea dow.L'ark�Alnw -. c ROSAMOND PARK!` y` r i 'Co Rd 370 ti E ! }Rai 't Cacia 4•l;�t - Anr Q i,1i C G1 3 Impact Fees Generated • Roadway (total = $3,568,530) • 942 SF lots @ $2,715/lot = $2,557,530 • 600 MF units @ $1,685 = $1,011,000 • Water (total = $4,429,728) • 942 SF meters @ $4,510/meter = $4,248,420 • 6 MF meters @ $30,218/meter = $181,308 • Sewer (total = $4,006,374) • 942 SF sewer @ $4,.079/lot = $3,842,.418 • 6 MF sewer @ $27,326/bldg = $163,956 CIP Infrastructure Projects • Roadway • Rosamond Parkway (Adjacent and off -site) • Throckmorton Boulevard (Adjacent and off -site) • Ferguson Parkway (Adjacent and off -site) • Water • 16" Water Main along Ferguson Parkway • 16" Water Main along Rosamond Parkway • 12" Water Main along Throckmorton Boulevard • Sewer • Throckmorton Sewer Extension • On -site Sanitary Sewer Mains Roadway • Rosamond Parkway (2 lanes) • $2,586,819 • Throckmorton Blvd (2 lanes) • $ 2,140, 710 • Ferguson Parkway (2 lanes north and 4 lanes south) • $1,688,783 Total CIP Road Cost: $6,416,312 i a 1000 500 250 0 100c, � M 1 "_ low i F : {iASE 4 - DEDICATE HALF OF 1 r : r` r CONSTRUCT EAST 2-UWES _ = THROCKMORTON BLVD (2e B-B) F OXIMATELY 4,M LINEAR FEET } r, CR371 PHASE 4 1 — T_ _ r PHASE 2g 0 - PHASE 3 to T j O -` PHASE 1 PHASE 2A Kk* . PHASE 1- DEDICATE 120' ROW' CONSTRUCT NORTH 24ANES � c R 370 �t � OF ROSAMOND PKWY (2F B-B) : , , . APPROXIMATELY 4,410 LINEAR FEET j, r I r I I I V­ z I r 0 I W � r 3 DEDICATE HALF OF 1& RCM OF FERGUSON PKWY (NO IMPROVEMENTS) ROSAMOND PKWY HASE 1- DEDICATE 120' ROW CONSTRUCT SOUTH 2-LANES OF ROSAL40NO PKWY (26` B-B) APPROXIMATELY 1.620 LINEAR FEET PHASE 2A - DEDICATE 12V ROW OF FERGUSON PKWY (NO IMPROVEMENTS) Water • Phase 1 • $758,402 • Phase 3 • $110,676 • Phase 4 • $370,737 Total CIP Water Cost: $1,239,815 aw r .0 w A E Y Inns Km 25n n 1"=tow 01 PCR3�1 I PHASE 5 It i �- PHASE4 - CONSTRU:.- THROCKMORTON BLVD ROW j�jlf PHASE 4 1'l_ o"T f APPROXIMATELY 4,W LINEAR FEET 11 ! � it, PHASE ZB { ` r ❑ PHASE a i ;l PHASE 1 St �`- PHASE 2A PHASE 1- CONSTRUCT 16' WATER IN . , ROSAk1OND PKWY ROW -. i APPROXIMATELY 4,670 LNEAR FEET , CR 370 I I O 0 i r Lu PHAaE -CONSTRUCT 12"NATER IN — FERGUSON PKWY ROPY ` APPROXIMATELY 1.515 LINEAR FEET ROSAMOND PKWY �i aZ . PHASE 4 - r r '4 5TRUCT 16' WATER IN WEASEV"l-.P'ROXIMATELY 2,115 LlydE -E T {FUTURE =EFL U3ON MVo i Developer Sewer • Phase 1 • $230,242 Total CIP Sewer Cost: $230,242 10GC 500 250 0 1000 �• f "_ 1 C fin` r r PHASE 1- CONSTRUCT 12' 'SEWER IN ROSAMOND PKWY ROW APPROXIMATELY 680 LINEAR FEET i E 1 - CONSTRUCT 15' SEWER IN 30' EASEMENT 4F:IROMMATELY 1,560 LINEAR FEET If 1 8 CR 371 PHASE 5 PHASE 4 PHASE 2H PHASE 3 Y [-- PHASE � ��,P 9 \ PHASE 2A ROSAMOND PKWY r P7. PHASE 1 - CONSTRUCT 15' SEWER IN! =')3AAfOND PKWY ROW -fir PROXIMATELY -3M LINEAR FEET LR 370 k 4 I'f DM D pa + 41 i7i�nom a 7 �4 t 1 10 .r 7 s► ..SIP ,.� .fig ►:►' int- - •- IN 4 Ilk. 10 Impact Fee Review • The Roadway Impact Fees generated by the project will not cover the cost to construct 2 lanes of all three major CIP roadway projects (Rosamond, Throckmorton, Ferguson) • The Water & Sewer Impact Fees generated will exceed the CIP utility project costs, and therefore, the City will collect more than it will reimburse for construction of the key CIP utilities. • The Developer is open to constructing the City Throckmorton Sewer Extension project if necessary, based on their timeline of development. This would be eligible for impact fee reimbursements. Deal Points • Roadway • Developer will construct 2 lanes of Rosamond Parkway from US 75 to Anna High School, including drainage system • Developer will dedicate ROW for Throckmorton and Ferguson • City will be responsible for funding construction of Throckmorton and Ferguson • Developer agrees to construct if funding available during a phase of their development • Water • 100% Developer constructed • City reimburses impact fees for the eligible projects • City will collect more impact fees than the improvements cost • Sewer • 100% Developer constructed • City reimburses impact fees for the eligible projects • City will collect more impact fees than the improvements cost • Developer may choose to construct Throckmorton Sewer Extension (City project) at their cost, which would be reimbursed through impact fees • Easements & Right -of -Way • City to acquire ROW for Rosamond as part of the current CIP project already underway • If Developer unable to acquire certain easements and ROW needed for critical CIP infrastructure, City Council may choose to authorize condemnation authority Staff Findings & Recommendation • Staff findings: • This agreement provides a mechanism to construct one of our most critical road needs in the City — Rosamond Parkway from US 75 to Anna High School. • The agreement will require the City to fund the construction of Throckmorton Boulevard in the very near future — as it will be critical to this development (multi -family and Phase 4 single family) and potential commercial development on US 75. This project will require approximately $2.2M in funding. • The Development will generate significant water and sewer impact fees, above and beyond the cost of the required CIP projects — allowing the City to fund key utility projects the community as a whole needs. • Staff recommends approval of the agreement in the form as authorized by the City Attorney. THE WOODS AT LINDSEY PLACE SUBDIVISION IMPROVEMENT AGREEMENT This The Woods at Lindsey Place Subdivision Improvement Agreement (this "Agreement') is entered into by and between the CITY OF ANNA, a home -rule municipality in Collin County, Texas (the "Cily"), and D.R. Horton, Incorporated, a Texas corporation ("Developer"), to be effective on the Effective Date. SECTION 1 RECITALS WHEREAS, certain terms used in these recitals are defined in Section 2; and WHEREAS, the City is a home -rule municipality of the State of Texas located within Collin County; and WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as (the "Parties,") or each individually as ("Pg!:1y"); and WHEREAS, Developer owns approximately 275.00 acres of real property located in the City, described by metes and bounds in Exhibit A (the "Pro e "); and WHEREAS, the Property is zoned as PD 881-2020and shall be developed in accordance with said zoning; and WHEREAS, Developer desires to proceed with development of the Property to be known as The Woods at Lindsey Place, as generally described and/or generally illustrated on the Final Plat shown in Exhibit B (the "Final Plat"), which Development collectively totals approximately 942 single family lots and 600 multifamily units; and WHEREAS, the Parties intend that the Property be developed in accordance with Final Plat and the Development Standards agreed to under this Agreement; and WHEREAS, Developer desires and intends to design, construct and install and/or make financial contributions to certain Public Improvements to serve the Development; and WHEREAS, the Parties intend for the design, construction, and installation of the Public Improvements to be completed by the Developer and dedicated to the City for use and maintenance, subject to approval of the plans and inspection and acceptance of the Public Improvements in accordance with this Agreement and the City Regulations; and WHEREAS, the Developer has estimated that the costs of the Public Improvements to serve the Property are as set forth as to said Public Improvements in the amounts shown in the Opinion of Probable Cost in Exhibit C and that said total cost is approximately $31,445,132.00; and WHEREAS, the Developer shall be solely responsible for the funding and construction of all of the Public Improvements required to serve the Property except as expressly set forth in this Agreement; and GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 1 WHEREAS, the Public Improvements include public water, sanitary sewer, and roadway improvements that will serve the Property and other areas not owned by the Developer; and WHEREAS, Developer is willing to construct said improvements, including certain public water, sanitary sewer, and roadway improvements that will serve the Property and provide for additional capacity in excess of what is necessary to serve the Property (the "Oversized Capacity"); and WHEREAS, the Developer has estimated that the costs necessary to complete the Oversized Capacity are as set forth in the amounts shown in the Infrastructure — Opinion of Probable Construction Cost in Exhibit D and that said total cost is approximately $8,459,774.38; and WHEREAS, the Developer shall be obligated to complete and construct improvements including public water, sanitary sewer, and roadway infrastructure in accordance with the plans and specifications as set forth in Exhibit E and in accordance with the City Development Standards, this Agreement, and other required approvals; and WHEREAS, the City desires to share in the cost of the improvements up to a maximum not -to -exceed amount of $8,459,774.38, representing the approximate amount of the cost of construction required to provide for the Oversized Capacity; and WHEREAS, Developer understands and acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Developer understands and acknowledges that the Public Improvements to be constructed by Developer and dedicated to the City under this Agreement will benefit the Development by positively contributing to the enhanced nature of the Development, increasing property values within the Property, and encouraging investment and ultimate development of the Property; and WHEREAS, Developer understands and acknowledges that its acceptance of this Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of Developer's voluntary design to ensure consistency, quality, and adequate public improvements that will benefit the Development and the Property, including without limitation Developer's agreement to adhere to the Development Standards; and WHEREAS, the City and Developer understand and acknowledge that the construction of the Public Improvements and related purchasing and contracting under this Agreement are exempt from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; and WHEREAS, the City recognizes the positive impact the Public Improvements will bring to the City and that said improvements will promote state and local economic development, stimulate business and commercial activity in the City for the development and diversification of the economy of the state, promote the development and expansion of commerce in the state, and reduce unemployment or underemployment in the state and that this agreement is a program under Chapter 380 of the Texas Local Government Code; and GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 2 WHEREAS, nothing contained in this Agreement, shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council's legislative discretion or functions; and WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend this Agreement to supersede City Regulations only to the extent that City Regulations directly conflict with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: SECTION 2 DEFINITIONS Certain terms used in this Agreement are defined in this Section 2. Other terms used in this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Agreement means this The Woods at Lindsey Place Subdivision Improvement Agreement. CIP Facilities means the water, sanitary sewer, and roadway infrastructure facilities listed in Section 3.3(a). Cily means the City of Anna, a home -rule municipality located in Collin County, Texas. City Code means The Anna City Code of Ordinances. City Council means the governing body of the City. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of that individual if the designation is in writing and signed by the current or acting City Manager. City Regulations means the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including without limitation park dedication fees), design standards (including without limitation pavement thickness), and other policies duly adopted by the City; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including without limitation uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction of said phase has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. Developer means the entity(ies) responsible for developing the Property in accordance with this Agreement. GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 3 Development means The Woods at Lindsey Place subdivision on the Property that is the subject of this Agreement. Development Standards mean the design specifications and construction standards permitted or imposed under the City Regulations and, as relates to construction of structures, those standards set forth in Residential Building Standards, Exhibit F. Effective Date means the effective date of this Agreement, which shall be the date upon which all parties have fully executed and delivered this Agreement. Final Plat means the final plat as approved by the City Council for the development of the Property as depicted on Exhibit B. Impact Fees means water impact fees, sanitary sewer impact fees, and roadway impact fees as pertains to the Development that are actually collected by the City. Mayor means the Mayor of the City of Anna. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Public Improvements mean the improvements listed in Exhibit C and Exhibit D and all other improvements that will be dedicated to and maintained by the City and all other on- and off - site public water, sewer, drainage, and roadway facilities, along with other public improvements, such as dedicated landscaping and screening, to be constructed by Developer. Public Infrastructure means all water, wastewater/sewer, detention and drainage, roadway, park and trail, and other infrastructure necessary to serve the full development of the Property and/or to be constructed and dedicated to the City under this Agreement. The term includes the Public Improvements. Real Property Records of Collin County means the official land recordings of the Collin County Clerk's Office. SECTION 3 PUBLIC IMPROVEMENTS 3.1 Construction. Ownershib_ and Transfer of Public Improvements. (a) Contract Specifications. Developer's engineers shall prepare, or cause the preparation of, and provide the City with, contract specifications and necessary related documents for the Public Improvements. (b) Construction Standards, Inspections and Fees. Except as otherwise expressly set forth in this Agreement, the Public Improvements shall be constructed and inspected, and all applicable fees, including but not limited to Impact Fees (subject to the terms hereof and any applicable credits or reimbursements), permit fees, and inspection fees, shall be GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 4 paid by Developer, in accordance with this Agreement, the City Regulations, and the regulations of any other governing body or entity with jurisdiction over the Public Improvements. (c) Contract Letting. The Parties understand that this Agreement and construction of the Public Improvements are legally exempt from competitive bidding requirements. Developer's engineers shall prepare, or cause the preparation of, and provide to the City all contract specifications and necessary related documents, including the contract proposal showing the negotiated total contract price and scope of work, for the construction of any portion of the Public Improvements that have not been awarded. (d) Ownership. All of the Public Improvements and Public Infrastructure shall be owned by the City upon acceptance of them by the City. Developer agrees to take any action reasonably required by the City to transfer, convey, or otherwise dedicate or ensure the dedication of land, right-of-way, or easements for the Public Improvements and Public Infrastructure to the City. 3.2 Operation and Maintenance. (a) Upon inspection, approval, and acceptance of the Public Improvements or any portion thereof, the City shall maintain and operate the accepted public infrastructure and provide retail water and sewer service to the Property. (b) Upon inspection, approval, and acceptance of public roadway improvements or any portion thereof required under this Agreement, the City shall maintain and operate the public roadways and related drainage improvements. (c) Within the Development, a homeowners association ("HOA") shall maintain and operate all open spaces, all required trails, amenity centers, common areas, landscaping, screening walls, Development signage and any other common improvements or appurtenances within the Property that are owned by the Developer, its successors or assigns, or the HOA, its successors or assigns, and not maintained or operated by the City_ 3.3 CIP aCthtte Comment[Al]: Clark —can you massage --------------------------------------------------------------------------------- = ' the language in this section for me? (a) The CIP Facilities include: (1) 4,670 linear feet of 16" Water Main in Rosamond Parkway (2) 2,115 linear feet of 16" Water Main in Ferguson Parkway (3) 4,980 linear feet of 12" Water Main in Throckmorton Boulevard (4) 1,560 linear feet of 15" Sanitary Sewer Main from Rosamond Parkway to County Road 370 (5) 980 linear feet of 12" Sanitary Sewer Main in Rosamond Parkway (6) 6,030 linear feet of 2-lane concrete street in Rosamond Parkway GREEN MEADOWS SUBDIVISION L"RO VMENT AGREEMENT PAGE 5 (b) Developer's Obligations. (1) Developer is solely responsible for the funding, design, installation, and construction of the CIP Water Improvements identified in Section 3.3(a)(1)-(3) and as described in Exhibit E. Developer is solely responsible for the funding, design, installation, and construction of the CIP Sanitary Sewer Improvements identified in Section 3.3(a)(4) and (5) and as described in Exhibit E. Developer shall provide the City with a detailed project account of all costs associated with the projects, including receipts, invoices, change orders, and bills paid affidavits as required for determining the final cost of each CIP Facility. (2) Developer is responsible for the installation and construction of the CIP Roadway Improvements identified in Section 3.3(a)(6), which includes the construction of 2 lanes of Rosamond Parkway from US 75 to Anna High School. Developer is further responsible for the dedication of right-of-way for the future construction of Ferguson Parkway and Throckmorton Boulevard. IDeveloper is not responsible for the construction of Ferguson Parkway_-- - Comment [A2]: Is the scope of this -------- -- and Throckmorton Boulevard. dedication shown in an exhibit? (c) Timing of Obligations. Developer shall commence construction of Rosamond Parkway on or before January 1, 2022. For the purposes of this document, "commence construction" shall mean for the Developer to select a contractor, hold a pre -construction meeting with the City, and engage in grading activities within the Rosamond Parkway corridor. Developer shall complete construction of Rosamond Parkway in a good and workmanlike manner on or before January 1, 2023; provided, however, Developer shall not be responsible for any delays in the City acquiring the easements and right-of-way for Rosamond Parkway as described below and Developer's deadlines for commencement and completion of construction shall be extended by the same duration of any failure of the City to timely acquire applicable easements and rights - of -way. (d) City's Obligations. (1) City shall provide Developer with 95% plans for Rosamond Parkway no later than February 1, 2021. City shall provide Developer with 100% plans for Rosamond Parkway no more than 60 days from receiving Developer's comments on the 95% plans. City shall acquire all off -site easements and right-of-way required to construct Rosamond Parkway. Said acquisition shall take place on or before October 1, 2021 or, if delayed, Developer's deadlines shall be extended as set forth in Section 3.3(c). (2) (3) If the Developer is not able to reasonably acquire all off -site easements and right-of-way required for the water and sanitary sewer CIP Facilities, City may utilize condemnation �uthority�to acquire the necessary easements and right _of-way_in accordance_---_--- Comment [A3]: Cannot legally contract with applicable law. this authority. (4) City shall be responsible for the design and construction of Ferguson Parkway and Throckmorton Boulevard as separate CIP Roadway Projects from The Woods at Lindsey Place. Said projects shall be constructed based on availability of funding and potential future agreements for adjacent developments. GREEN MEADOWS SUBDIVISION E"RO VMENT AGREEMENT PAGE 6 (5) City shall design and commence construction of the Throckmorton Sewer extension from north of FM 455 to County Road 370 by January 1, 2022. If City is unable to construct the Throckmorton Sewer Extension within the specified time, Developer may choose to construct the Throckmorton Sewer Extension from north of FM 455 to County Road 370 and receive Sanitary Sewer Impact Fee Reimbursement from impact fees collected from the development of the Property up to the actual cost of construction. (6) City shall reimburse the developer for the construction of the CIP Facilities as set forth below. Reimbursement shall be made on a quarterly basis from Impact Fees collected by the City through building permits issued within the Development, once the City has accepted the public improvements. The City shall review the project accounting submitted by the developer prior to initiating reimbursements. The City shall reimburse the Developer for the lesser of_ $8,459,774.38; o ii. the total amount of impact fees collected from the development for each facility type (water, sanitary sewer, roadway); provided, however, that water impact fees may only be used to reimburse Developer for CIP Water Improvements, sanitary sewer impact fees may only be used to reimburse Developer for CIP Sanitary Sewer Improvements, and roadway impact fees may only be used to reimburse Developer for CIP Roadway Improvements. 3.4 Water Facilities. (a) Developer's General Obligations. Developer is solely responsible for funding, design, installation, and construction of all water improvements necessary to serve the Property. The design of water improvements shall be approved by the City in advance of the construction of same. Developer shall be responsible for the acquisition/dedication of any easements and other property acquisitions necessary for water facilities (the size and extent of each such easement or other property interest to be approved by the City) to serve the Property. The locations of said easements or other property interests shall be approved by the City's Public Works Department as part of the plan review process. (b) Timing of General Obligations. Except as otherwise provided herein, Developer shall complete in a good and workmanlike manner all water facility improvements necessary to serve each phase of the Development prior to the recordation of the final plat covering such phase. 3.5 Wastewater/Sanitary Sewer Facilities. 3.6 Developer's General Obligations. The Developer is solely responsible for the funding, design, installation, and construction of all wastewater/sanitary sewer improvements necessary to serve the Property. Developer shall design and construct the extension of the Throckmorton Sewer from County Road 370 to the Property. The design of all wastewater/sanitary sewer improvements shall be approved by the City in advance of the construction of same. Developer shall be responsible for the acquisition of any easements and other property GREEN MEADOWS SUBDIVISION L"RO VMENT AGREEMENT PAGE 7 Comment [A4]: Alternatively, change language in "not -to -exceed" language in recital on Daee 2. acquisition/dedication necessary for wastewater/sewer facilities (the size and extent of each such easement or other property interest to be approved by the City) to serve the Property. The locations of said easements or other property interests shall be approved by the City's Public Works Department as part of the plan review process.Timing of General Obligations. Except as otherwise provided herein, Developer shall complete in a good and workmanlike manner all wastewater/sanitary sewer improvements necessary to serve each phase of the Development prior to the recordation of the final plat covering such phase.Water and Wastewater/Sanitary Sewer Retail Service. (a) Subject to the terms of this Agreement, the City represents and confirms that it currently has and reasonably expects to continue to have the capacity to provide to the Property continuous and adequate retail water and wastewater/sanitary sewer service at times and in amounts sufficient to meet the service demands of the Development and the Property as the Property is developed. (b) Upon acceptance by the City of the water and wastewater/sanitary sewer facilities described herein, the City shall operate or cause to be operated said water and wastewater/sanitary sewer facilities serving the Development and the Property and use them to provide service to all customers within the Development and the Property and as otherwise required by State law as the holder of the certificate of convenience and necessity covering the Property. Upon acceptance by the City, the City shall at all times maintain said water and wastewater/sanitary sewer facilities, or cause the same to be maintained, in good condition and working order in compliance with all applicable laws and ordinances and all applicable regulations, rules, policies, standards, and orders of any governmental entity with jurisdiction over same. 3.7 Roadway Facilities and Related Improvements. (a) Developer's General Obligations. Developer is solely responsible for the funding, design, installation, and construction of all roadway facilities required to serve the Development. The design of all roadway improvements shall be approved by the City in advance of the construction of same. Developer shall be responsible for the acquisition of any easements and other property acquisition/dedication necessary for roadway facilities (the size and extent of each such easement or other property interest to be approved by the City) to serve the Property. The locations of said easements or other property interests shall be approved by the City's Public Works Department as part of the plan review process. GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 8 (b) Timing of General Obligations. Prior to the recordation of any final plat for any phase of the Development, Developer shall complete, in a good and workmanlike manner, construction of all roadway facilities and related improvements necessary to serve such phase in accordance with construction plans approved by the City. (c) Drainage/Detention Infrastructure. is solely responsible for the designing, installing, and constructing the drainage/detention infrastructure that will serve the Property and the cost thereof. Prior to the recordation of the final plat for any phase of Development, Developer shall complete in a good and workmanlike manner construction of the drainage/detention improvements necessary to serve such phase_ Upon inspection, approval and acceptance, City shall maintain and operate the drainage and roadway improvements for the Property. SECTION 4 PAYEE INFORMATION With respect to any and every type of payment/remittance due to be paid at any time by the City to Developer after the Effective Date under this Agreement, the name and delivery address of the payee for such payment shall be: Attn: Comment [A5]: Jeff— please fill out this section with who we make reimbursements to Developer may change the name of the payee and/or address set forth above by delivering written notice to the City designating a new payee. SECTION 5 ADDITIONAL OBLIGATIONS AND AGREEMENTS 5.1 Administration of Construction of Public Infrastructure. Subject to the terms of this Agreement, the Parties agree that Developer will be solely responsible to construct all Public Infrastructure. All public on -site and off -site infrastructure and all other related improvements will be considered a public project and the City will own all such Public Infrastructure upon completion and acceptance_ 5.2 Compliance with Development Standards. Developer agrees as part of the consideration for this Agreement that all residential structures, amenities, buildings, and any other vertical construction within the Development shall meet or exceed all Development Standards and City Regulation including without limitation those standards set forth in Exhibit F. It is expressly understood and the Parties agree that City Regulations and Development Standards applicable to the Property and its use and development include but are not limited to City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"); provided, however, to the extent of any conflict between the requirements GREEN MEADOWS SUBDIVISION E"RO VMENT AGREEMENT PAGE 9 of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. 5.3 Conflicts. When not in conflict with the terms and conditions of this Agreement, the development of the Property shall be subject to all applicable City Regulations, including but not limited to the City's subdivision regulations and engineering design standards. In the event of any direct conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City adopted or City enforced requirement, whether existing on the Effective Date or hereinafter adopted, this Agreement, including its exhibits, as applicable, shall control. In the event of a conflict between the Concept Plan and the Development Standards, the Development Standards shall control to the extent of the conflict. 5.4 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement, Developer shall provide all Public Infrastructure necessary to serve the Property, including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City except as expressly provided in this Agreement and as approved by the City Manager. Developer shall cause the installation of the Public Infrastructure within all applicable time frames in accordance with the City Regulations unless otherwise established in this Agreement. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's Public Works Department prior to approval of a final plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre - construction conference with a City representative has been held regarding the proposed construction and the City has issued a written notice to proceed. No final plat may be recorded in the Real Property Records of Collin County until construction of all Public Infrastructure shown thereon shall have been constructed, and thereafter inspected, approved and accepted by the City. 5.5 Maintenance Bonds. For each construction contract for any part of the Public Infrastructure, Developer, or Developer's contractor, must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs that may become necessary to any part of the construction work performed in connection with the Public Infrastructure, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. 5.6 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy. (a) Inspections, Generally. The City shall have the right to inspect, at any time, the construction of all Public Infrastructure necessary to support the Development, including water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and street lights and signs. The City's inspections and/or approvals shall not release Developer from its responsibility to construct, or cause the construction of, adequate Public Improvements and Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to development of the Property. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of the Agreement if the City withholds building permits, certificates of occupancy or City utility services as to any portion of the Development until Developer has met its obligations to provide for required Public Infrastructure GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 10 necessary to such portion according to the approved engineering plans, City Regulations and Development Standards, and until such Public Infrastructure has been dedicated to and accepted by the City. (b) Ownership. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned by the City. (c) Approval of Plats/Plans. Approval by the City, the City's engineer, or other City employee or representative, of any plans, designs, or specifications submitted by Developer pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer or any other responsible party for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer or any other responsible party, it being the intent of the parties that approval by the City signifies only the City's approval of the general design concept of the improvements to be constructed. 5.7 Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Public Infrastructure is under construction (and until the full and final completion of the Public Infrastructure and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-l" 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 Infrastructure construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. 5.8 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, OFFICIALS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES"), FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, 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 OR OTHER GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 11 WRONGFUL CONDUCT OF THE DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE DEVELOPER AND THE CITY, THE DEVELOPER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE DEVELOPER'S OWN PERCENTAGE OF RESPONSIBILITY. THE DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON THE DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 5.9 Status of Parties. At no time shall the City have any control over or charge of Developer's (or its contractors') design, construction or installation of any of the Public Infrastructure, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture or employment relationship between the City and Developer. SECTION 6 EVENTS OF DEFAULT; REMEDIES 6.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for which a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 12 6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for the other party's default, an aggrieved Party is limited to seeking specific performance of the other party's obligations under this Agreement. 6.3 Performance Window. Developer shall take all actions required under the City Regulations and this Agreement necessary to record a final plat of the Development in the Real Property Records of Collin County not later than 24 months after the Effective Date. If Developer does not meet this obligation, the City may elect to terminate this Agreement by providing Developer with written notice of such failure(s). If the City provides such written notice, Developer shall have 120 days from the date that the City delivers said written notice in which to cure such failure(s), plus an additional time period equal to any delay caused by the failure(s), if any, of the City to timely meet its obligations under this Agreement. If Developer fails to timely cure such failure(s), then the City shall be excused from its obligations under this Agreement, including but not limited to any obligation to reimburse the Developer any amounts otherwise due under this Agreement. SECTION 7 ASSIGNMENT; ENCUMBRANCE 7.1 Assi ng ment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The obligations, requirements, or covenants to develop the Property subject to this Agreement shall be freely assignable, in whole or in part, to any affiliate or related entity of Developer, or any lien holder on the Property, without the prior written consent of the City. Except as otherwise provided in this paragraph, the obligations, requirements or covenants to the development of the Property shall not be assigned, in whole or in part, by Developer to a non -affiliate or non -related entity of Developer without the prior written consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the assignee demonstrates financial ability to perform. Any receivables due under this Agreement may be assigned by Developer without the consent of, but upon written notice to the City pursuant to the terms hereof. An assignee shall be considered a "Party" for the purposes of this Agreement. Each assignment shall be in writing executed by Developer and the assignee and shall obligate the assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Developer shall maintain written records of all assignments made by Developer to assignees, including a copy of each executed assignment and, upon written request from any Party or assignee, shall provide a copy of such records to the requesting person or entity, and this obligation shall survive the assigning Party's sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Property. 7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance herewith shall be considered a "Party" for the purposes of this Agreement. 7.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 13 have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 7.4 Notice of Assignment. The following requirements shall apply in the event that Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement: (i) Developer must provide written notice to the City to the extent required under this section at least fifteen (15) business days in advance of any such sale, assignment, transfer, or other conveyance; (ii) said notice must describe the extent to which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise conveyed; (iii) said notice must state the name, mailing address, telephone contact information, and, if known, email address, of the person(s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and (iv) said notice must be signed by a duly authorized person representing Developer and a duly authorized representative of the person that will acquire any rights or benefits as a result of the sale, assignment, transfer or other conveyance. SECTION 8 RECORDATION AND ESTOPPEL CERTIFICATES 8.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the Real Property records of Collin County. This Agreement binds and constitutes a covenant running with the Property and, upon the Effective Date, is binding upon Developer and the City, and forms a part of any other requirements for development within the Property. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property. 8.2 Estoppel Certificates. From time to time, upon written request of Developer or any future owner, and upon the payment to the City of a $500.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, including without limitation attorney's fees and related costs, the City Manager, or his/her designee will, in his/her official capacity and to his/her reasonable knowledge and belief, execute a written estoppel certificate identifying any obligations of an owner under this Agreement that are in default. SECTION 9 GENERAL PROVISIONS 9.1 Term. Except with respect to any earlier termination effected under this Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the expiration of five (5) years after the Effective Date, whichever occurs earlier. 9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 14 9.3 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when delivered personally or upon the expiration of 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: City of Anna, Texas Attn: City Manager I I I N. Powell Parkway Anna, TX 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Developer: ---------------------------------- __ Comment [A6]: Jeff— can you input developer name, address, etc.? Any party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. 9.4 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 9.5 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 9.6 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of Developer, and that each individual executing this Agreement on behalf of Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. GREEN MEADOWS SUBDIVISION L"RO VMENT AGREEMENT PAGE 15 9.7 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 9.8 Applicable Law, Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. 9.9 Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to force majeure, to perform its obligations under this Agreement, then the obligations affected by the force majeure shall be temporarily suspended. Within three (3) business days after the occurrence of a force majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the force majeure and a description of the action that will be taken to remedy the force majeure and resume full performance at the earliest possible time. The term "force majeure" shall include events or circumstances that are not within the reasonable control of the Party whose performance is suspended and that could not have been avoided by such Party with the good faith exercise of good faith, due diligence and reasonable care. 9.12 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developer expressly amending the terms of this Agreement. By entering into this Agreement, the Parties understand and agree that any previous agreements or understanding between the parties are null and void. 9.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 16 9.14 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Property Exhibit B Final Plat Exhibit C Development Overall Public Improvements — Opinion of Probable Cost Exhibit D Water, Sanitary Sewer, and Roadway Improvements — Opinion of Probable Construction Cost Exhibit E Water, Sanitary Sewer, and Roadway Improvements — Plans and Specifications Exhibit F Residential Building Standards [SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 17 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF ANNA By:_ Name Nate Pike Title: Mayor Date: STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on this day of Nate Pike, Mayor of the City of Anna, Texas, on behalf of said City. Notary Public, State of Texas [SEAL] 2021, GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 18 DEVELOPER: D.R. HORTON, INC., a Texas corporation By: a Texas limited liability company, its General Partner By: XXXXXX, its Member ------------------------------------------------------------------------------ Comment [A7]: Jeff— can you provide this information? THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2021, by J member of Texas limited liability company ; = Comment [AS]: Jeff —please provide JJ� ; ----------------------------------------- signing info here Comment [A9]: Will need proof of ownership of the Property and proof of authority of signatory to sign on behalf of Notary Public in and for the State of Texas GREEN MEADOWS SUBDIVISION L"RO VMENT AGREEMENT PAGE 19 Exhibit A METES AND BOUNDS DESCRIPTION OF THE PROPERTY BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T), being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640, (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at a five -eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument No. 201908007000946750, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet along the south line of said 159.819 acre tract of land (20061003001424600) and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northwest corner of said 226.62 acre tract of land and said iron rod being in the east line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T); THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 272.50 feet along the west line of said 159.819 acre tract of land (20061003001424600) and along the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract of land and said iron rod being at the most southerly southeast corner of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630,(O.P.R.C.C.T); THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet along the most southerly east line of said 555.801 acre tract of land to a one-half inch iron rod found at the most westerly northwest corner of said 159.819 acre tract of land (20061003001424640); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 774.75 feet along the most westerly north line of said 159.819 acre tract of land (20061003001424640) and along a south line of said 555.801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet over and across said 159.819 acre tract of land (20061003001424640) to a one-half inch iron rod set in the east line of said 159.819 acre tract of land (20061003001424640), said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northwest corner of a called 95.468 acre tract of land described in a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940, (O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of 1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34 feet, said iron rod being in or near the centerline of County Road No. 371; THENCE along the east line of said 159.819 acre tract of land (20061003001424640) and along the west line of said 95.468 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.468 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod with yellow cap stamped "JBI" found at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640); THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet along the most southerly west line of said 95.468 acre tract of land to a one-half inch iron rod found at the southeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northeast corner of said 159.819 acre tract of land (20061003001424600); THENCE along the east line of said 159.819 acre tract of land (20061003001424600) as follows: South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09 feet a one-half inch iron rod with cap stamped "3700" found at the most southerly southwest corner of said 95.468 acre tract of land, continuing in all a distance of 1,241.10 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 72 degrees 46 minutes 12 seconds East, a distance of 140.70 feet to a one-half inch iron rod with yellow cap that is illegible found at the northwest corner of a called 59.534 acre tract of land described Warranty Deed to Jonic Investments, LLC, recorded in Instrument No. 20150605000666010, (0.P.R.C.C.T)-1 South 01 degrees 14 minutes 22 seconds West, a distance of 1,112.98 feet to the POINT OF BEGINNING and containing 11,978,895 square feet or 275.00 acres. Exhibit B FINAL PLAT ------------------------------------------------------------------------------------------------------------------------ -, Comment [A10]: Need JPG of the draft (plat Exhibit B FINAL PLAT Exhibit C PUBLIC IMPROVEMENTS — OPINION OF PROBABLE COST 021 The Woods at LindseyPlace SEJN: ,T Anna Location: Anna, Texas Project Summary Lot Count Acreage Date Prepared by Bohler with notes for assumptions 951 76.69 1/4/2021 SUMMARY Onsite Public Improvements COST Phase 1 $4,731,026 Phase 2A $1,990,351 Phase 213 $2,786,898 Phase 3 $3,225,579 Phase 4 $3,485,461 Phase 5 SUBTOTAL $2,168,971 DESIGN AND ENGINEERING 10% $1,838,828.60 CONTINGENCIES 15% $2,758,242.90 TOTALONSITE COST1 Offsite CIP Improvements COST Phase 1 CIP -Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer $4,188,079 Phase 3 CIP - Ferguson Water $140,979 Phase 4 CIP - Throckmorton Paving & Drainage, Throckmorton Water SUBTOTALr $2,438,762 DESIGN AND ENGINEERING CONTINGENCIES TOTAL• 10% $676,781.95 15% $1,015,172.93 Summary- 1 Comment [All]: Need an overall cost estimate for all public improvements for the development Exhibit D WATER, SANITARY SEWER, & ROADWAY EWROVEMENTS - OPINION OF PROBABLE CONSTRUCTION COST The Woods at LindseyPlaceSEJN: AnnaT Location: Anna,, Texas exas Project Summary Lot Count Acreage Date Prepared by Bohler with notes for assumptions 951 76.69 1 1/4/2021 SUMMARY Onsite Public Improvements COST Phase 1 $4,731,D26 Phase 2A $1,990,351 Phase 213 $2,786,898 Phase 3 $3,225,579 Ph2se.2 $3,485,461 1hase5 SUBTOTAL $2,168,971 DESIGN AND ENGINEERING 10% $1,838,828.60 CONTINGENCIES 15% $2,758,242.90 TOTALONSITE COST1 Offsite CIP Improvements COST Phase 1 CIP -Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer $4,188,079 Phase 3 CIP - Ferguson Water $140,979 Phase 4 CIP - Throckmorton Paving & Drainage, Throckmorton Water $2,438,762 SUBTOTALr DESIGN AND ENGINEERING 10% $676,781.95 CONTINGENCIES 15% $1,015,172.93 TOTAL• Summary- 1 Comment [A121: Need cost estimate for the water, sanitary sewer, and roadway projects which will be impact fee reimbursed Exhibit F RESIDENTIAL BUILDING STANDARDS 1000 500 250 0 1000 1 "=1000' LEGEND BOHLER// THE WOODS AT PROPOSED PERIMETER WATERLINE 12"OR GREATER 80ai—TX5004 LINDSEY PLACE �aee�asa-ixo PHASE LINE ANNA, TEXAS Exhibit E WATER, SANITARY SEWER, & ROADWAY IMPROVEMENTS - PLANS VU ��� E PHASE 5 J $� `r 1000 500 250 0 1000 PHASE 4 4 1l�l PHASE 213B PHASE 3 J co O ' I PHASE 1-CONSTRUCT I2"SEWERI < } ROSAMOND P"" "), APPROXIMATELY 660 LINEAR FEET PHASE -CONSTRUCT I5"SEAVER- IN 30' EASEMENT APPROXIMATELY 1,560 LINEAR FEET r Ai U PHASE 1 LEGEND PROPOSED PERIMETER SEWER LINE 12" OR GREATER PHASE LINE PHASE 2A CR 371 1w_ III a z O 0 W u- ROSAMONDPKWY PHASE 1 - CONSTRUCT 15" SEVER IN ROSAMOND P01Y R001 ' APPROXIMATELY 300 LINEAR FEET E;. 3: CR 370 ! s nnull rn it THE WOODS AT aoole: cIa-,aoo rx, .., IT-E,.e�g.�� LINDSEY PLACE ANNA,TEXAS Exhibit E WATER, SANITARY SEWER, & ROADWAY IMPROVEMENTS - PLANS 1000 500 250 0 1000 1-1000' LEGEND BOHLER// THE WOODS AT 5017 MAN STREET LINDSEY PLACE PROPOSED PERIMETER ROADWAY F ISOD, TX1904 —) es rx�eoW-E,g.�— ANN& TEXAS PHASE LINE .a PE xe. ��i.aPaxe. os�3 Exhibit F RESIDENTIAL BUILDING STANDARDS Building Materials/Methods. Owner agrees to comply or to cause the builders to comply with the masonry building material requirements and all other requirements and methods set forth in the following zoning ordinances applicable to portions of the Property: a) Ordinance No. 781-2018, passed and approved by the City Council of the City on July 24, 2018, which said ordinance is incorporated into this Exhibit and into this Agreeement as if set forth in full and is independently enforceable under this Agreement.. The Woods at LindseyPlace BE JN: TD202021 Location: Anna, Texas Project Summary Lot Count Acreage Date Prepared by Bohler with notes for assumptions 951 76.69 1 1/4/2021 SUMMARY Onsite Public Improvements COST Phase 1 $4,731,026 Phase 2A $1,990,351 Phase 2B $2,786,898 Phase 3 $3,225,579 Phase 4 $3,485,461 Phase 5 SUBTOTAL $2,168,971 DESIGN AND ENGINEERING 10% $1,838,828.60 CONTINGENCIES 15% $2,758,242.90 TOTALONSITE COST•• • Summary - 1 The Woods at LindseyPlace Phase 1 Prepared by Bohler with notes for assumptions BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 218 11.25 1 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 11.25 $22,500 UNCLASSIFIED EXCAVATION $3.50 CY 32,000 $112,000 MISC. DEMOLITION $10,000 LS 2 $20,000 GEOTECH TESTING $0.25 CY 32,000 $8,000 SILT FENCE $1.25 LF 19,600 $24,500 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 SITE PREP/GRADING • 00 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 1 $1,500 8" SDR-35 (< 12' DEEP) $37 LF 6,750 $249,750 12" SDR-35 (< 12' DEEP) $45 LF 750 $33,750 15" SDR-35 (< 12' DEEP) $60 LF 500 $30,000 4' DIA. MANHOLE $4,000 EA 26 $104,000 5' DIA. MANHOLE $5,000 EA 7 $35,000 4" SEWER SERVICE $1,200 EA 218 $261,600 TRENCH SAFETY $1.50 LF 8,000 $12,000 TESTING (INCLUDING GEOTECH) $5.00 LF 81000 $40,000 MISCELLANEOUS $767,600 PERCENT 10% $76,760 BONDS $767,600 PERCENT 2% $15,352 INSPECTION FEE $767,600 1 PERCENT 1 3% $23,028 SANITARY• ,0 Phase 1 - 2 The Woods at LindseyPlace Phase 1 Prepared by Bohler with notes for assumptions BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 218 11.25 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 440 $10,560 8" PVC (WITH FITTINGS) $28 LF 9,800 $274,400 8" GATE VALVE AND BOX $1,200 EA 50 $60,000 FIRE HYDRANT ASSEMBLY $3,500 EA 22 $77,000 1" WATER SERVICE (W/METER) $600 EA 218 $130,800 1.5" IRRIGATION SERVICE (W/METER) $800 EA 2 $1,600 TRENCH SAFETY $1.00 LF 10,240 $10,240 TESTING (INCLUDING GEOTECH) $5.00 LF 101240 $51,200 MISCELLANEOUS $618,800 PERCENT 10% $61,880 BONDS $618,800 PERCENT 2% $12,376 INSPECTION FEE $618,800 1 PERCENT 1 3% $18,564 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,963,099 PERCENT 45% $883,395 TESTING $883,395 PERCENT 3% $26,502 BONDS $883,395 PERCENT 2% $17,668 INSPECTION FEE $883,395 PERCENT 1 3% $26,502 STORM• 0. PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 33,756 $1,215,200 6" SUBGRADE PREPARATION $4.50 SY 35,781 $161,014 HYDRATED LIME (36#/SY) $180 TON 644 $115,930 4" THICK SIDEWALK (5- WIDE) $5.00 SF 3,500 $17,500 4" THICK TRAIL (8- WIDE) $5.00 SF 8,800 $44,000 BARRIER FREE RAMP $2,500 EA 30 $75,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 20 $30,000 MISCELLANEOUS $1,663,644 PERCENT 10% $166,364 TESTING $1,663,644 PERCENT 3% $49,909 BONDS $1,663,644 PERCENT 2% $33,273 INSPECTION FEE $1,663,644 1 PERCENT 1 3% $49,909 PAVINGTOTAL $1,963,099 Phase 1 - 3 The Woods at LindseyPlace BE JN: TD202021 Location: Anna, Texas Phase 1 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 218 11.25 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $219,500 SANITARY SEWER $882,740 DOMESTIC WATER $711,620 STORM SEWER $954,067 PAVING $1,963,099 SUBTOTAL. DESIGN AND ENGINEERING 10% $473,102.60 CONTINGENCIES 15% $709,653.90 Phase 1 - 4 The Woods at LindseyPlace Phase 1 CIP - Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 19.14 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 19.14 $38,280 UNCLASSIFIED EXCAVATION $3.50 CY 49,143 $172,000 MISC. DEMOLITION $70,000 LS 1 $70,000 SEED AND WATER $0.20 SF 298,500 $59,700 SOD AND WATER $0.50 SF 361,800 $180,900 SILT FENCE $1.25 LF 31,960 $39,950 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE $2,500 EA 3 $7,500 TESTING $476,195 PRECENT 3% $14,286 PREP/GRADINGSITE SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 1 $1,500 12" SDR-35 (< 12' DEEP) $45 LF 680 $30,600 15" SDR-35 (< 12' DEEP) $60 LF 1,860 $111,600 5' DIA. MANHOLE $5,000 EA 8 $40,000 TRENCH SAFETY $1.50 LF 2,540 $3,810 TESTING (INCLUDING GEOTECH) $5.00 LF 2,540 $12,700 MISCELLANEOUS $200,210 PERCENT 10% $20,021 BONDS $200,210 1 PERCENT 1 2% $4,004 INSPECTION FEE $200,210 1 PERCENT 1 3% $6,006 SANITARY, Phase 1 CIP - 5 The Woods at LindseyPlace Phase 1 CIP - Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 19.14 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 260 $6,240 8" PVC (WITH FITTINGS) $28 LF 360 $10,080 16" PVC (WITH FITTINGS) $60 LF 6,790 $407,400 8" GATE VALVE AND BOX $1,200 EA 4 $4,800 12" GATE VALVE AND BOX $2,000 EA 3 $6,000 16" BUTTERFLY VALVE $6,000 EA 22 $132,000 FIRE HYDRANT ASSEMBLY $3,500 EA 13 $45,500 TRENCH SAFETY $1.00 LF 7,410 $7,410 TESTING (INCLUDING GEOTECH) $5.00 LF 71410 $37,050 MISCELLANEOUS $659,480 PERCENT 10% $65,948 BONDS $659,480 1 PERCENT 1 2% $13,190 INSPECTION FEE $659,480 PERCENT 1 3% $19,784 DOMESTIC WATER TOTAL40 Phase 1 CIP - 6 The Woods at LindseyPlace Phase 1 CIP - Rosamond Paving & Drainage, Rosamond Offsite Water, Offsite Sewer BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 19.14 1/4/2021 STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,450,080 PERCENT 45% $652,536 CULVERT CROSSING $200,000 EA 2 $400,000 TESTING $1,052,536 PERCENT 3% $31,576 BONDS $1,052,536 PERCENT 2% $21,051 INSPECTION FEE $1,052,536 PERCENT 3% $31,576 STORM• PAVING UNIT $ UNIT QUANTITY TOTAL 8" REINFORCED CONC. PAVING (W/CURB) $50 SY 18,056 $902,778 8" SUBGRADE PREPARATION $5.00 SY 19,139 $95,694 HYDRATED LIME (36#/SY) $180 TON 345 $62,010 4" THICK TRAIL (8- WIDE) $5.00 SF 19,080 $95,400 BARRIER FREE RAMP $2,500 EA 8 $20,000 TRAFFIC CONTROL $20,000 LS 1 $20,000 SIGNS (STREET BLADES / STOP) $1,500 EA 2 $3,000 PAVEMENT MARKINGS $30,000 LS 1 $30,000 MISCELLANEOUS $1,228,882 PERCENT 10% $122,888 TESTING $1,228,882 PERCENT 3% $36,866 BONDS $1,228,882 PERCENT 2% $24,578 INSPECTION FEE $1,228,882 1 PERCENT 1 3% $36,866 PAVING TOTAL0:0 SUMMARY SECTION COST SITE PREP/GRADING $612,616 SANITARY SEWER $230,242 DOMESTIC WATER $758,402 STORM SEWER $1,136,739 PAVING $1,450,080 SUBTOTAL DESIGN AND ENGINEERING 10% $418,807.85 CONTINGENCIES 15% $628,211.78 Phase 1 CIP - 7 The Woods at LindseyPlace Phase 2A Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 75 4.82 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 4.82 $9,640 UNCLASSIFIED EXCAVATION $3.50 CY 14,000 $49,000 MISC. DEMOLITION $10,000 LS 2 $20,000 GEOTECH TESTING $0.25 CY 14,000 $3,500 SILT FENCE $1.25 LF 8,400 $10,500 INLET PROTECTION $15,000 LS 1 $15,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 SITE PREP/GRADING • 40 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 2 $3,000 8" SDR-35 (< 12' DEEP) $37 LF 3,400 $125,800 4' DIA. MANHOLE $4,000 EA 13 $52,000 4" SEWER SERVICE $1,200 EA 75 $90,000 TRENCH SAFETY $1.50 LF 3,400 $5,100 TESTING (INCLUDING GEOTECH) $5.00 LF 3,400 $17,000 MISCELLANEOUS $292,900 PERCENT 10% $29,290 BONDS $292,900 1 PERCENT 1 2% $5,858 INSPECTION FEE $292,900 1 PERCENT 1 3% $8,787 TOTALSANITARY SEWER Phase 2A - 8 The Woods at LindseyPlace Phase 2A Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 75 4.82 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 160 $3,840 8" PVC (WITH FITTINGS) $28 LF 4,200 $117,600 8" GATE VALVE AND BOX $1,200 EA 14 $161800 FIRE HYDRANT ASSEMBLY $3,500 EA 8 $28,000 1" WATER SERVICE (W/METER) $600 EA 75 $45,000 1.5" IRRIGATION SERVICE (W/METER) $800 EA 1 $800 TRENCH SAFETY $1.00 LF 4,360 $4,360 TESTING (INCLUDING GEOTECH) $5.00 LF 41360 $21,800 MISCELLANEOUS $241,200 PERCENT 10% $24,120 BONDS $241,200 PERCENT 2% $4,824 INSPECTION FEE $241,200 PERCENT 1 3% $7,236 DOMESTIC WATER TOTAL:0 STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $851,949 PERCENT 45% $383,377 TESTING $383,377 PERCENT 3% $11,501 BONDS $383,377 PERCENT 2% $7,668 INSPECTION FEE $383,377 1 PERCENT 1 3% $11,501 STORM SEWER TOTAL0, PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 14,467 $520,800 6" SUBGRADE PREPARATION $4.50 SY 15,335 $69,006 HYDRATED LIME (36#/SY) $180 TON 276 $49,684 4" THICK SIDEWALK (5- WIDE) $5.00 SF 9,100 $45,500 BARRIER FREE RAMP $2,500 EA 8 $20,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 8 $12,000 MISCELLANEOUS $721,990 PERCENT 10% $72,199 TESTING $721,990 PERCENT 3% $21,660 BONDS $721,990 PERCENT 2% $14,440 INSPECTION FEE $721,990 PERCENT 3% $21,660 PAVING TOTAL.,. Phase 2A - 9 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 2A Lot Count Acreage Date Prepared by Bohler with notes for assumptions 75 4.82 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $110,140 SANITARY SEWER $336,835 DOMESTIC WATER $277,380 STORM SEWER $414,047 PAVING $851, 949 SUBTOTAL•0 ,351 DESIGN AND ENGINEERING 10% $199,035.10 CONTINGENCIES 15% $298,552.65 Phase 2A - 10 The Woods at LindseyPlace Phase 2B Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 123 6.43 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 6.43 $12,860 UNCLASSIFIED EXCAVATION $3.50 CY 18,000 $63,000 MISC. DEMOLITION $10,000 LS 2 $20,000 GEOTECH TESTING $0.25 CY 18,000 $4,500 SILT FENCE $1.25 LF 11,200 $14,000 INLET PROTECTION $20,000 LS 1 $20,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 TOTALSITE PREP/GRADING .0 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 1 $1,500 8" SDR-35 (< 12' DEEP) $37 LF 2,700 $99,900 10" SDR-35 (< 12' DEEP) $42 LF 1,600 $67,200 12" SDR-35 (< 12' DEEP) $45 LF 600 $27,000 4' DIA. MANHOLE $4,000 EA 13 $52,000 5' DIA. MANHOLE $5,000 EA 4 $20,000 4" SEWER SERVICE $1,200 EA 123 $147,600 TRENCH SAFETY $1.50 LF 4,900 $7,350 TESTING (INCLUDING GEOTECH) $5.00 LF 41900 $24,500 MISCELLANEOUS $447,050 PERCENT 10% $44,705 BONDS $447,050 PERCENT 2% $8,941 INSPECTION FEE $447,050 PERCENT 1 3% $13,412 TOTALSANITARY SEWER 0: Phase 2B - 11 The Woods at LindseyPlace Phase 2B Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 123 6.43 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 2 $3,000 6" PVC (WITH FITTINGS) $24 LF 280 $6,720 8" PVC (WITH FITTINGS) $28 LF 5,600 $156,800 8" GATE VALVE AND BOX $1,200 EA 35 $421000 FIRE HYDRANT ASSEMBLY $3,500 EA 14 $49,000 1" WATER SERVICE (W/METER) $600 EA 123 $73,800 1.5" IRRIGATION SERVICE (W/METER) $800 EA 1 $800 TRENCH SAFETY $1.00 LF 5,880 $5,880 TESTING (INCLUDING GEOTECH) $5.00 LF 51880 $29,400 MISCELLANEOUS $367,400 PERCENT 10% $36,740 BONDS $367,400 PERCENT 2% $7,348 INSPECTION FEE $367,400 PERCENT 1 3% $11,022 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,153,042 PERCENT 45% $518,869 TESTING $518,869 PERCENT 3% $15,566 BONDS $518,869 PERCENT 2% $10,377 INSPECTION FEE $518,869 1 PERCENT 1 3% $15,566 STORM• .0 ,378 PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 19,289 $694,400 6" SUBGRADE PREPARATION $4.50 SY 20,446 $92,008 HYDRATED LIME (36#/SY) $180 TON 368 $66,246 4" THICK SIDEWALK (5- WIDE) $5.00 SF 800 $4,000 4" THICK TRAIL (8- WIDE) $5.00 SF 5,300 $26,500 BARRIER FREE RAMP $2,500 EA 26 $65,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 16 $24,000 MISCELLANEOUS $977,154 PERCENT 10% $97,715 TESTING $977,154 PERCENT 3% $29,315 BONDS $977,154 PERCENT 2% $19,543 INSPECTION FEE $977,154 1 PERCENT 1 3% $29,315 PAVING TOTAL $1,153,042 Phase 2B - 12 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 2B Lot Count Acreage Date Prepared by Bohler with notes for assumptions 123 6.43 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $136,860 SANITARY SEWER $514,108 DOMESTIC WATER $422,510 STORM SEWER $560,378 PAVING $1,153,042 SUBTOTAL DESIGN AND ENGINEERING 10% $278,689.80 CONTINGENCIES 15% $418,034.70 Phase 2B - 13 The Woods at LindseyPlace Phase 3 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 187 7.35 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 7.35 $14,700 UNCLASSIFIED EXCAVATION $3.50 CY 21,000 $73,500 MISC. DEMOLITION $10,000 LS 5 $50,000 GEOTECH TESTING $0.25 CY 21,000 $5,250 SILT FENCE $1.25 LF 12,800 $16,000 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 TOTALSITE PREP/GRADING SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 4 $6,000 8" SDR-35 (< 12' DEEP) $37 LF 5,700 $210,900 4' DIA. MANHOLE $4,000 EA 23 $92,000 4" SEWER SERVICE $1,200 EA 187 $224,400 TRENCH SAFETY $1.50 LF 5,700 $8,550 TESTING (INCLUDING GEOTECH) $5.00 LF 5,700 $28,500 MISCELLANEOUS $570,350 PERCENT 10% $57,035 BONDS $570,350 1 PERCENT 1 2% $11,407 INSPECTION FEE $570,350 1 PERCENT 1 3% $17,111 TOTALSANITARY SEWER •0 Phase 3 - 14 The Woods at LindseyPlace Phase 3 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 187 7.35 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 5 $7,500 6" PVC (WITH FITTINGS) $24 LF 280 $6,720 8" PVC (WITH FITTINGS) $28 LF 6,400 $179,200 8" GATE VALVE AND BOX $1,200 EA 32 $381400 FIRE HYDRANT ASSEMBLY $3,500 EA 14 $49,000 1" WATER SERVICE (W/METER) $600 EA 187 $112,200 1.5" IRRIGATION SERVICE (W/METER) $800 EA 0 $0 TRENCH SAFETY $1.00 LF 6,680 $6,680 TESTING (INCLUDING GEOTECH) $5.00 LF 61680 $33,400 MISCELLANEOUS $433,100 PERCENT 10% $43,310 BONDS $433,100 PERCENT 2% $8,662 INSPECTION FEE $433,100 PERCENT 1 3% $12,993 DOMESTIC WATER TOTAL4• 0. STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,264,914 PERCENT 45% $569,211 TESTING $569,211 PERCENT 3% $17,076 BONDS $569,211 PERCENT 2% $11,384 INSPECTION FEE $569,211 1 PERCENT 1 3% $17,076 STORM• , PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 22,044 $793,600 6" SUBGRADE PREPARATION $4.50 SY 23,367 $105,152 HYDRATED LIME (36#/SY) $180 TON 421 $75,709 4" THICK SIDEWALK (5- WIDE) $5.00 SF 1,900 $9,500 4" THICK SIDEWALK (EXTRA 12" FOR 6- WALK) $5.00 SF 2,300 $11,500 4" THICK TRAIL (8- WIDE) $5.00 SF 1,600 $8,000 BARRIER FREE RAMP $2,500 EA 20 $50,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 9 $13,500 MISCELLANEOUS $1,071,961 PERCENT 10% $107,196 TESTING $1,071,961 PERCENT 3% $32,159 BONDS $1,071,961 1 PERCENT 1 2% $21,439 INSPECTION FEE $1,071,961 PERCENT 3% $32'159 PAVING TOTAL,, , Phase 3 - 15 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 3 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 187 7.35 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $191,950 SANITARY SEWER $655,903 DOMESTIC WATER $498,065 STORM SEWER $614,747 PAVING $1,264,914 SUBTOTAL DESIGN AND ENGINEERING 10% $322,557.90 CONTINGENCIES 15% $483,836.85 Phase 3 - 16 The Woods at LindseyPlace Phase 3 CIP - Ferguson Water Prepared by Bohler with notes for assumptions BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 1.04 1 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $4,000 ACRE 1.04 $4,160 MISC. DEMOLITION $10,000 LS 1 $10,000 SEED AND WATER $0.20 SF 48,150 $9,630 SILT FENCE $1.25 LF 3,210 $4,013 CONSTRUCTION ENTRANCE $2,500 EA 1 $2,500 SITE PREP/GRADING TOTAL DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,000 EA 1 $1,000 6" PVC (WITH FITTINGS) $24 LF 60 $1,440 8" PVC (WITH FITTINGS) $28 LF 30 $840 12" PVC (WITH FITTINGS) $42 LF 1,515 $63,630 8" GATE VALVE AND BOX $1,200 EA 1 $1,200 12" GATE VALVE AND BOX $2,000 EA 4 $8,000 FIRE HYDRANT ASSEMBLY $3,500 EA 3 $10,500 TRENCH SAFETY $1.00 LF 1,605 $1,605 TESTING (INCLUDING GEOTECH) $5.00 LF 11605 $8,025 MISCELLANEOUS $96,240 PERCENT 10% $9,624 BONDS $96,240 PERCENT 2% $1,925 INSPECTION FEE $96,240 PERCENT 3%L $2,887 DOMESTIC WATER TOTAL. SUMMARY SECTION COST SITE PREP/GRADING $30,303 DOMESTIC WATER $110,676 SUBTOTAL,0 . DESIGN AND ENGINEERING 10% $14,097.90 CONTINGENCIES 15% $21,146.85 Phase 3 CIP - 17 The Woods at LindseyPlace Phase 4 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 205 8.09 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 8.09 $16,180 UNCLASSIFIED EXCAVATION $3.50 CY 23,000 $80,500 MISC. DEMOLITION $10,000 LS 5 $50,000 GEOTECH TESTING $0.25 CY 23,000 $5,750 SILT FENCE $1.25 LF 17,600 $22,000 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $2,500 SITE PREP/GRADING • 0. ,930 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 2 $3,000 8" SDR-35 (< 12' DEEP) $37 LF 5,650 $209,050 4' DIA. MANHOLE $4,000 EA 27 $108,000 4" SEWER SERVICE $1,200 EA 205 $246,000 TRENCH SAFETY $1.50 LF 5,650 $8,475 TESTING (INCLUDING GEOTECH) $5.00 LF 5,650 $28,250 MISCELLANEOUS $602,775 PERCENT 10% $60,278 BONDS $602,775 1 PERCENT 1 2% $12,056 INSPECTION FEE $602,775 1 PERCENT 1 3% $18,083 TOTALSANITARY SEWER Phase 4 - 18 The Woods at LindseyPlace Phase 4 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 205 8.09 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 4 $6,000 6" PVC (WITH FITTINGS) $24 LF 280 $6,720 8" PVC (WITH FITTINGS) $28 LF 6,900 $193,200 8" GATE VALVE AND BOX $1,200 EA 34 $401800 FIRE HYDRANT ASSEMBLY $3,500 EA 14 $49,000 1" WATER SERVICE (W/METER) $600 EA 205 $123,000 1.5" IRRIGATION SERVICE (W/METER) $800 EA 2 $1,600 TRENCH SAFETY $1.00 LF 7,180 $7,180 TESTING (INCLUDING GEOTECH) $5.00 LF 71180 $35,900 MISCELLANEOUS $463,400 PERCENT 10% $46,340 BONDS $463,400 PERCENT 2% $9,268 INSPECTION FEE $463,400 PERCENT 1 3% $13,902 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,381,177 PERCENT 45% $621,530 TESTING $621,530 PERCENT 3% $18,646 BONDS $621,530 PERCENT 2% $12,431 INSPECTION FEE $621,530 1 PERCENT 1 3% $18,646 STORM• PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 24,211 $871,600 6" SUBGRADE PREPARATION $4.50 SY 25,664 $115,487 HYDRATED LIME (36#/SY) $180 TON 462 $83,151 4" THICK SIDEWALK (5- WIDE) $5.00 SF 3,000 $15,000 4" THICK SIDEWALK (EXTRA 12" FOR 6- WALK) $5.00 SF 250 $1,250 BARRIER FREE RAMP $2,500 EA 16 $40,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 26 $39,000 MISCELLANEOUS $1,170,488 PERCENT 10% $117,049 TESTING $1,170,488 PERCENT 3% $35,115 BONDS $1,170,488 PERCENT 2% $23,410 INSPECTION FEE $1,170,488 1 PERCENT 1 3% $35,115 TOTALPAVING Phase 4 - 19 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 4 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 205 8.09 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $206,930 SANITARY SEWER $693,191 DOMESTIC WATER $532,910 STORM SEWER $671,253 PAVING $1,381,177 SUBTOTAL4: 4. DESIGN AND ENGINEERING 10% $348,546.10 CONTINGENCIES 15% $522,819.15 Phase 4 - 20 The Woods at LindseyPlace Phase 4 CIP - Throckmorton Paving & Drainage, Throckmorton Water BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 13.75 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 13.75 $27,500 UNCLASSIFIED EXCAVATION $3.50 CY 39,000 $136,500 MISC. DEMOLITION $20,000 LS 1 $20,000 SOD AND WATER $0.50 SF 299,400 $149,700 SILT FENCE $1.25 LF 1,597 $1,996 INLET PROTECTION $30,000 LS 1 $30,000 CONSTRUCTION ENTRANCE $2,500 EA 1 $2,500 TESTING $368,196 1 PRECENT 1 3% $11,046 SITE PREP/GRADING • , DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,000 EA 1 $1,000 6" PVC (WITH FITTINGS) $24 LF 240 $5,760 8" PVC (WITH FITTINGS) $28 LF 90 $2,520 12" PVC (WITH FITTINGS) $42 LF 4,990 $209,580 8" GATE VALVE AND BOX $1,200 EA 3 $3,600 12" GATE VALVE AND BOX $2,000 EA 13 $26,000 FIRE HYDRANT ASSEMBLY $3,500 EA 12 $42,000 TRENCH SAFETY $1.00 LF 5,320 $5,320 TESTING (INCLUDING GEOTECH) $5.00 LF 51320 $26,600 MISCELLANEOUS $322,380 PERCENT 10% $32,238 BONDS $322,380 PERCENT 2% $6,448 INSPECTION FEE $322,380 PERCENT 1 3% $9,671 DOMESTIC WATER TOTAL Phase 4 CIP - 21 The Woods at LindseyPlace Phase 4 CIP - Throckmorton Paving & Drainage, Throckmorton Water BE JN: TD202021 Location: Anna, Texas Lot Count Acreage Date 0 13.75 1/4/2021 STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $1,136,463 PERCENT 45% $511,408 TESTING $511,408 PERCENT 3% $15,342 BONDS $511,408 PERCENT 2% $10,228 INSPECTION FEE $511,408 PERCENT 3% $15,342 STORM• PAVING UNIT $ UNIT QUANTITY TOTAL 8" REINFORCED CONC. PAVING (W/CURB) $50 SY 13,861 $693,056 8" SUBGRADE PREPARATION $5.00 SY 14,693 $73,464 HYDRATED LIME (36#/SY) $180 TON 264 $47,605 4" THICK TRAIL (5- WIDE) $5.00 SF 14,850 $74,250 BARRIER FREE RAMP $2,500 EA 8 $20,000 TRAFFIC CONTROL $20,000 LS 1 $20,000 SIGNS (STREET BLADES / STOP) $1,500 EA 4 $6,000 PAVEMENT MARKINGS $30,000 LS 1 $30,000 MISCELLANEOUS $964,375 PERCENT 10% $96,438 TESTING $964,375 PERCENT 3% $28,931 BONDS $934,375 PERCENT 2% $18,688 INSPECTION FEE $934,375 1 PERCENT 1 3% $28,031 PAVINGTOTAL $1,136,463 SUMMARY SECTION COST SITE PREP/GRADING $379,242 DOMESTIC WATER $370,737 STORM SEWER $552,320 PAVING $1,136,463 SUBTOTAL, DESIGN AND ENGINEERING 10% $243,876.20 CONTINGENCIES 15% $365,814.30 Phase 4 CIP - 22 The Woods at LindseyPlace Phase 5 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 143 4.82 1/4/2021 SITE PREP/GRADING UNIT $ UNIT QUANTITY TOTAL CLEAR AND GRUB $2,000 ACRE 4.82 $9,640 UNCLASSIFIED EXCAVATION $3.50 CY 14,000 $49,000 MISC. DEMOLITION $10,000 LS 4 $40,000 GEOTECH TESTING $0.25 CY 14,000 $3,500 SILT FENCE $1.25 LF 8,400 $10,500 INLET PROTECTION $20,000 LS 1 $20,000 CONSTRUCTION ENTRANCE 1 $2,500 1 EA 1 1 $21 SITE PREP/GRADING • 40 SANITARY SEWER UNIT $ UNIT QUANTITY TOTAL CONNECTION TO EXISTING $1,500 EA 3 $4,500 8" SDR-35 (< 12' DEEP) $37 LF 3,800 $140,600 4' DIA. MANHOLE $4,000 EA 14 $56,000 4" SEWER SERVICE $1,200 EA 143 $171,600 TRENCH SAFETY $1.50 LF 3,800 $5,700 TESTING (INCLUDING GEOTECH) $5.00 LF 3,800 $19,000 MISCELLANEOUS $397,400 PERCENT 10% $39,740 BONDS $397,400 1 PERCENT 1 2% $7,948 INSPECTION FEE $397,400 1 PERCENT 1 3% $11,922 SANITARY TOTAL Phase 5 - 23 The Woods at LindseyPlace Phase 5 Prepared by Bohler with notes for assumptions BEJN: TD202021 Location: Anna, Texas Lot Count Acreage Date 143 4.82 1/4/2021 DOMESTIC WATER UNIT $ UNIT QUANTITY TOTAL CONNECT TO EXISTING $1,500 EA 4 $6,000 6" PVC (WITH FITTINGS) $24 LF 180 $4,320 8" PVC (WITH FITTINGS) $28 LF 4,200 $117,600 8" GATE VALVE AND BOX $1,200 EA 19 $221800 FIRE HYDRANT ASSEMBLY $3,500 EA 9 $31,500 1" WATER SERVICE (W/METER) $600 EA 143 $85,800 1.5" IRRIGATION SERVICE (W/METER) $800 EA 0 $0 TRENCH SAFETY $1.00 LF 4,380 $4,380 TESTING (INCLUDING GEOTECH) $5.00 LF 41380 $21,900 MISCELLANEOUS $294,300 PERCENT 10% $29,430 BONDS $294,300 PERCENT 2% $5,886 INSPECTION FEE $294,300 PERCENT 1 3% $8,829 DOMESTIC WATER TOTAL STORM SEWER UNIT $ UNIT QUANTITY TOTAL DRAINAGE AS A PERCENT OF PAVING $833,363 PERCENT 45% $375,013 TESTING $375,013 PERCENT 3% $11,250 BONDS $375,013 PERCENT 2% $7,500 INSPECTION FEE $375,013 1 PERCENT 1 3% $11,250 STORM•$405,013 PAVING UNIT $ UNIT QUANTITY TOTAL 6" REINFORCED CONC. PAVING (W/CURB) $36 SY 14,467 $520,800 6" SUBGRADE PREPARATION $4.50 SY 15,335 $69,006 HYDRATED LIME (36#/SY) $180 TON 276 $49,684 4" THICK SIDEWALK (5- WIDE) $5.00 SF 3,800 $19,000 4" THICK SIDEWALK (EXTRA 12" FOR 6- WALK) $5.00 SF 1,450 $7,250 BARRIER FREE RAMP $2,500 EA 10 $25,000 TRAFFIC CONTROL $5,000 LS 1 $5,000 SIGNS (STREET BLADES / STOP) $1,500 EA 7 $10,500 MISCELLANEOUS $706,240 PERCENT 10% $70,624 TESTING $706,240 PERCENT 3% $21,187 BONDS $706,240 PERCENT 2% $14,125 INSPECTION FEE $706,240 1 PERCENT 1 3% $21,187 PAVING TOTAL Phase 5 - 24 The Woods at LindseyPlace BEJN: TD202021 Location: Anna, Texas Phase 5 Lot Count Acreage Date Prepared by Bohler with notes for assumptions 143 4.82 1 1/4/2021 SUMMARY SECTION COST SITE PREP/GRADING $135,140 SANITARY SEWER $457,010 DOMESTIC WATER $338,445 STORM SEWER $405,013 PAVING $833,363 SUBTOTAL DESIGN AND ENGINEERING 10% $216,897.10 CONTINGENCIES 15% $325,345.65 Phase 5 - 25 THE CITY OF Afth� AGENDA ITEM: Item No. 6.c. City Council Agenda Staff Report Meeting Date Staff Contact: Jim Proce Consider/Discuss/Action on appointment of the Mayor Pro Tem and Deputy Mayor Pro Tem. (City Manager Jim Proce) SUMMARY: Pursuant to the conditions provided for in the City Charter, SECTION 3.04 (b) and (c), it is required that the City Council appoint the positions of Mayor Pro Tem and Deputy Mayor Pro Tem, respectively, at the first regular meeting after an election of a new council member. SECTION 3.04 Mayor, Mayor Pro-Tem and Deputy Mayor Pro-Tem (b) The Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor, and in this capacity has the rights conferred upon the Mayor. (c) The Deputy Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity has the rights conferred upon the Mayor. FINANCIAL IMPACT: Not applicable STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends a motion be made to appoint the selected Council members to the positions of Mayor Pro Tem and Deputy Mayor Pro Tem, respectively. Additionally, it is suggested that the Council will assign the seating arrangements for the dais once Council resumes meeting on the dais. No formal action is required to effectuate the seating plan, but a general consensus would be suggested. ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 1/8/2021 THE CITY OF Afth� AGENDA ITEM: Item No. 6.d. City Council Agenda Staff Report Meeting Date: 1/12/2021 Staff Contact: Consider/Discuss/Action on appointment of Council Liaisons for Boards and Commissions. (City Manager Jim Proce) SUMMARY: With the election of new Council Members and the selection of Mayor Pro-Tem and Deputy Mayor Pro-Tem, it is recommended that the assignments of liaison (and alternates where needed,) be chosen for each of the Board and Commission that meet regularly to include: ANNA COMMUNITY DEVELOPMENT CORPORATION/ANNA ECONOMIC DEVELOPMENT CORPORATION The Anna Community Development Corporation (CDC) and the the Economic Development Corporation work in cooperation to coordinate efforts that expand the city's business tax base. The Anna Community Development Corporation (CDC) also works with the City to identify and fund community facilities and related projects that maintain and enhance the quality of life in Anna. The membership consists of seven volunteers who serve for two-year staggered terms. Meetings normally occur on the first Thursday of each month at 6:30 p.m. DIVERSITY AND INCLUSION ADVISORY COMMISSION The Anna Diversity and Inclusion Advisory Commission advises the City Council of community dialog, representation of diverse neighbor voices, review of policies and services as they pertain to supporting all members of the community, and creation of events and programming within the City that purposefully engages with all neighbors. Meetings normally occur on the first Tuesday of each month at 6:30 p.m. PARKS ADVISORY BOARD The Parks Advisory Board advises the City Council on park -related matters. The Board assists in the development of the parks master plan and reviews and recommends approval of the concept plan for new parks. Members assist with the financing and construction recommendations of new park facilities and recreations programs including the development of grant applications. Membership consists of seven volunteers who serve for two-year staggered terms. Meetings normally occur on the third Monday of each month at 7 p.m. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission is responsible for reviewing all new commercial and residential developments that locate within the City. They review and make recommendations to the City Council on subdivision plats, site plans, Zoning Ordinance amendments, Comprehensive Plan amendments, specific use permits and rezoning requests. Membership consists of seven volunteers who serve for two-year staggered terms. Meetings normally occur on the first Monday of each month at 7 p.m. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 1/8/2021