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HomeMy WebLinkAboutRes 2020-02-681 Impact Fee Reimbursement Agree for Pecan Grove IIICITY OF ANNA, TEXAS RESOLUTION NO.LO LO- Da � to 51 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING AN IMPACT FEE REIMBURSEMENT AGREEMENT FOR PECAN GROVE PHASE III SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND PECAN GROVE PHASE I11, LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pecan Grove Phase III Subdivision is an active development project in the City of Anna; and, WHEREAS, the City requested for the Developer to construct 12 -inch water main improvements in Finley Boulevard and Ferguson Boulevard; and, WHEREAS, the 12 -inch water main improvements were not required for the development of the Pecan Grove Phase III Subdivision, but are included in the City of Anna Water System Master Plan; and, WHEREAS, the cost to construct the 12 -inch water main improvements are eligible for reimbursement through Water Impact Fees; and, WHEREAS, Water Impact Fees shall be used to fund the total City share of the cost of the 12 -inch water main improvements in an amount not to exceed $189,593.00. NOW THEREFORE, = 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 Funding. That the City Manager is hereby authorized to reimburse the Developer for the cost to construct the 12 -inch water main improvements as described in the Impact Fee Reimbursement Agreement attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15tH Jay of October 2019, ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike IMPACT FEE REIMBURSEMENT AGREEMENT This Impact Fee Reimbursement Agreement (this "Agreement") is entered into between "City") and Pecan Grove Phase III, Ltd., a Texas limited partnership ("Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties only to the extent that any such agreement(s) directly conflict with the terms of this Agreement; and WHEREAS, Developer represents and warrants that it owns and desires to develop a parcel or parcels of real property the "Property") in Collin County, Texas, which is composed of approximately 43.489 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, Developer intends to develop the Property as asingle-family residential subdivision known as Pecan Grove Phase III ("Phase Ill"); and WHEREAS, Phase III is located near street segments of Ferguson Boulevard and Finley Boulevard where the City desires to have constructed a 12" water line (the "Future Water Line") to serve other development; and WHEREAS, the timing of Developer's construction of the public infrastructure required to serve Phase III coincides An the City's desired timeline for construction of the Future Water Line; and WHEREAS, the Future Water Line is not necessary to serve Phase III, but Developer is willing to construct the Future Water Line and the parties anticipate that Developer's construction of the Future Water Line will create efficiencies with respect to construction costs and scheduling; and WHEREAS, in exchange for Developers construction of the Future Water Line, the City is willing to reimbursement Developer up to the actual cost of construction of the Future Water Line to the extent funding becomes available from certain impact fees collected as set forth in this Agreement; 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 Developer and/or the City to the extent so stated therein. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City 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 Acceptance Date shall have the meaning ascribed to that term in Section 3(a). City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. IMPACT FEE REIMBURSEMENT AGREEMENT Page 1 Collected Water Impact Fees has the meaning ascribed to that term in Section 4(b)(1), Construction Costs with respect to the Water Project, means the dollar amount actually paid for the engineering, design, testing, Maintenance Bond, and construction for the Water Project. City inspection fees shall not be included in the Construction Cost. Development means the new development on the Property that is the subject of this Agreement. Effective Date shall have the meaning ascribed to that term in Section 5. Estimated Construction Cost means the estimated amount of $189,593 for total costs of construction of the Water Project as shown in the estimate attached hereto as Exhibit C. Final Construction Cost, with respect to the Water Project, means the total of all Construction Costs at the time of full and final completion and dedication to the City of the Water Project. Final Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to the lesser of the Estimated Construction Cost and the Final Construction Cost. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Reimbursement shall have the meaning ascribed to that term in Section 4(b)(1). Water Proiect means atwelve-inch (12") water line along the future Ferguson Boulevard and Finely Boulevard rights- of-way, as generally depicted in the water plan attached hereto as Exhibit B. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Final Construction Cost and Citv Acceptance. Once Developer fully completes the Water Project, and before the City has accepted such Water Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Final Construction Cost, The City Manager shall review the documentation provided and shall approve or deny the Final Construction Cost in writing within fifteen (15) business days (which approvals shall not be unreasonably withheld). Upon approval of the Final Construction Cost, the City shall issue a written acceptance to Developer, which shall signify the City's final acceptance of the Water Project ("City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Water Project, Developer or Developer's contractor further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). Developers maintenance responsibility after the City Acceptance Date shall be limited to securing the Maintenance Bond. (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 City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, 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 Developer's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer IMPACT FEE REIMBURSEMENT AGREEMENT Page 2 or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer or its contractors) shall acquire and maintain, during the period of time when the Water Project is under construction (and until the full and final completion of the Water Project 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 Water Project construction contracts, whether by Developer, 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-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas, and (ii) name the City as an additional Insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, 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. (e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY ITS OFFICERS AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY INCLUDING WITHOUT LIMITATION DEATH TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER ITS AGENTS SERVANTS CONTRACTORS SUBCONTRACTORS MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN CONSTRUCTION OR INSTALLATION OF THE WATER PROJECT 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 DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER PROJECT THAT IS 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 DEVELOPER, DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT, NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OR ITS OFFICERS', AGENTS', SERVANTS', EMPLOYEES' AND CONTRACTORS' OWN NEGLIGENCE, GROSS NEGLIGENCE, FAULT, OR WILLFUL MISCONDUCT, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF DEVELOPER AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, IMPACT FEE REIMBURSEMENT AGREEMENT Page 3 SECTION 4 WATER PROJECT (a) Developer Obligations. Developer shall construct the Water Project generally depicted on the attached Exhibit B and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Water Project. Developer shall commence construction of the Water Project on or before the _ day of , 20 and shall complete construction of Water Project on or before the _ day of 20 (b) City Obligations (1) In accordance with the City Regulations and state law, the City shall collect water impact fees from lots within Phase III at the time of issuance of building permits and place such impact fees in a separate and clearly identifiable interest-bearing account ("Collected Water Impact Fees"). The City shall reimburse Developer for the Final Reimbursement Amount by remitting the Collected Water Impact Fees to Developer on a quarterly basis as such water impact fees are collected ("Reimbursement"). The City shall provide the Reimbursement to Developer until the Final Reimbursement Amount has been paid in full to Developer; after which time, the City's obligation to remit the Collected Water Impact Fees to Developer shall cease. The Collected Water Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Water Project even if the total amount of the Collected Water Impact Fees is less than the Final Reimbursement Amount. (2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any and all of the City's obligations related thereto shall expire on September 30 in the tenth year following the City Acceptance Date, SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Manager and the Developer have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Developer under this Agreement shall constitute covenants running with the land and shall bind Developer and each successive owner of all of any portion of the Property. (b) Except as otherwise provided, this Agreement shall not be assignable by Developer without the prior written consent of the City. This Agreement may be assigned, in whole or in part, to future owners of the Property without the prior written consent of the City, but upon written notice to the City. The Reimbursement (or portion thereof) shall be fully assignable and transferable by Developer to builders or purchasers of all or any portion of the Property without the prior written consent of the City, but upon written notice to the City. IMPACT FEE REIMBURSEMENT AGREEMENT Page 4 SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Party or 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 Developer: Pecan Grove Phase III, Ltd. Attn: John Arnold 8214 Westchester Drive, Suite 710 Dallas, Texas 75335 (d) 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. (e) 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. (f) 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. (g) Representation. Each signatory representing this Agreement has been read by the part y for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. IMPACT FEE REIMBURSEMENT AGREEMENT Page 5 (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) 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. (j) 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. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Developer and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (I) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer and to any successor Developer of the Property, shall be recorded in the Collin County property records, and runs with the land. (m) Counterparts. This Agreement maybe executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (n) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement between the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations, except for the payment of impact fees as provided herein. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IMPACT FEE REIMBURSEMENT AGREEMENT Page 6 DEVELOPER: Pecan Grove Phase III, Ltd., a Texas limited partnership By: Pecan Grove Phase III GP CORPORATION Its general partner By, Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the M. Skorburg, known to me (or proved to me) to be the and acknowledged to me that he executed the same Corporation in its capacity as general partner of Pecan _ day of , 2019, personally appeared Richard person whose name is subscribed to the foregoing instrument, in his capacity as President of Pecan Grove Phase III GP Grove Phase III, Ltd., a Texas limited partnership. Notary Public, State of Texas IMPACT FEE REIMBURSEMENT AGREEMENT Page 7 CITY OF ANNA By: Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2019, personally appeared ,known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas IMPACT FEE REIMBURSEMENT AGREEMENT Page 8 ATTACHMENTS Exhibit A —The Property (legal description) Exhibit B —Water Project Exhibit C —Estimated Construction Cost EXHIBIT A Property Description BEING, a tract of land situated in the James Slater Survey, Abstract No. 868 and the R.C. Ingraham Survey, Abstract No. 464 in the City of Anna, Collin County, Texas, being all of a 5.675 acre tract, as described in Doc. No. 2017111000048520 and a 67.295 acre tract, as described in Doc. No. 20151021001332960, a 32.00 acre tract, as described in Doc. No. 20140731000808030, a 15.00 acre tract, as described in Vol. 5404, Pg. 22 and a 10.00 acre tract, as described in Doc. No. 20140731000808030 in the Deed Records of Official Public Records, Collin County, Texas, being more particularly described as follows: BEGINNING, ata 5/8 inch iron rod found at the northwest corner of said 32.00 acre tract and being the southwest corner of a 23.5 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, South 81°26'58" East, along the north line of said 32.00 acre tract and along the south line of said 23.5 acre tract, for a distance of 858.39 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. THENCE, South 51°33'18" East, continuing along said north and south lines, for a distance of 315.46 feet, to a 1/2 inch iron rod found at the southeast corner of said 23.5 acre tract and being the most westerly southwest corner of a 9.920 acre tract, as described in Doc. No. 20061220001790430, in said Deed Records; THENCE, South 51°25'13" East, continuing along said north line and with the south line of said 9.920 acre tract, for a distance of 277.54 feet, to a 1/2 inch iron rod found; THENCE, South 86009'33" East, continuing along said nort h and south lines, for a distance of 83.32 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. THENCE, South 190 29'06" West, departing said lines, for a distance of 63.50 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a radius of 445.00 feet, a central angle of 19°4226", and a tangent of 77.29 feet; THENCE, along said curve to the left for an arc distance of 153.06 feet (Chord Bearing South 09°37'53" West - 152.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 009320" East, for a distance of 59.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the north line of said 5.675 acre tract; THENCE, North 88°4117 East, along Lite no, line of said 5.675 acre tract, for a distance of 44.48 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the most easterly northeast corner of said 5.675 acre tract, THENCE, South 00°46'37" East, along the east line of said 5.675 acre tract, for a distance of 112.52 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the south line of said 32.00 acre tract; THENCE, North 89°54'07" East, departing said east line and with the south line of said 32.00 acre tract, at 384.71 feet, passing the southeast corner of said 32.00 acre tract and being the most westerly southwest corner of said 10.00 acre tract, and continuing for a total distance of 534.58 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, departing a south line of said 10.00 acre tract, for a distance of 208.28 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non - tangent curve to the right, having a radius of 3410.00 feet, a central angle of 02°51'27", and a tangent of 85.05 feet; THENCE, along said curve to the right for an arc distance of 170.70 feet (Chord Bearing South 84°16'05" East - 170.05 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, for a distance of 460.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 2950.00 feet, a central angle of 00°05'01 ", and a tangent of 2.16 feet; THENCE, along said curve to the right for an arc distance of 4.31 feet (Chord Bearing South 82°4750 East - 4.31 feet), to a 1/2 inch iron to set with a yellow cap stamped "Corwin Eng. Inc. THENCE, South 07°14'41" West, for a distance of 120.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on anon -tangent curve to the left, having a radius of 2830.00 feet, a central angle of 08° 12'15 and a tangent of 201.44 feet; THENCE, along said curve to the left for an arc distance of 405.23 feet (Chord Bearing Nort h 86°51'27" West - 404.88 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 010 27'57" West, for a distance of 290.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on anon -tangent curve to the left, having a radius of 3120.00 feet, a central angle of 04°26'37", and a tangent of 121.05 feet; THENCE, along said curve to the left for an are distance of 241.98 feet (Chord Bearing South 86°46' 17" West — 241.92 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 85°1038 West, fora distance of 371.20 feet, to a 1/2 inch iron rod found at the southeast corner of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records and being in the west line of said 5.675 acre tract; THENCE, North 00°13'20" West, along the east line of said 10.00 acre tract and the west line of said 5.675 acre tract, for a distance of 412.38 feet, to a 1/2 inch iron rod found at the northeast corner of said 10.00 acre tract; THENCE, South 88°28'07" West, departing the west line of said 5.675 acre tract and along the north line of said 10.00 acre tract, at 998.31 feet, passing a 1/2 inch iron rod found at the northwest corner of said 10.00 acre tract and continuing for a total distance of 1272.21 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the west line of said 32.00 acre tract and being in the east line of a 15.0 acre tract, as described in Vol. 4162, Pg. 2694 insaid Deed Records; THENCE, North 15°42'13" East, along said east and west lines, for a distance of 1076.18 feet, to the POINT OF BEGINNING and containing 43.489 acres of land. EXHIBIT B Water Project (see attached) EXHIBIT C ESTI�IJ&TED CONSTRUCTION COSTS rater Project Estimated C'ouarucdou C'o-t: Stmtmat•y GrotecJ:aica; imestieanoo I 15 T 1.590.00 T 1.50000 Lksign Sing I LS $ 3.000.00 T 3100000 Eugmea ma Desim 1 LS TIS 00000 $ 15,00000 Engineering Design Total 19 ;00 DwsLqt Tesrmu Total i LS 53.500.00 T 3.500.00 Boad Taal I LS �$4_24.0? $ 424 07 Coaacdaa Staidas 1 LS 51.615.00 $ 2.615.00 Sab-Total �lll Snit Costs 26 0 3y 0" TOT�I. ESTi1L�1TED C`O�'SIRt CTIOti C 05T5 51.59.>9 i Fet�.en BM- and Fein} Bkd. �" R'ater Line Description llaaatih• Coit tut Price Item Ataotmt Rater-PLrc-C 900.1_' -.if0 U 13730 $95.615 Wast-VLi'es Gale 6* EA SLO00.00 57.000 Lthtet -%WhIs -Gme - 8' LA $1.300.00 $3.900 Rater - Vah•es - Gate -12° 9 LA $2.4OO.04 $11.600 R:ter Alah e> - 2` Blow Off ) EA $1.100.00 $3.600 water -Raimp - D.L Apt Ftt np 12" t) L $1.50000 $1.500 Water-Fvm 41irelis*=Assearl?ts 5 LA $3.300.00 519.800 Rater - F&zp - Misc. W.Nles -1' Air Release Vahe on 12 Lire I LA 13.470.75 $3.471 Rater-Gewil-Cleating I EA $5.500.00 $5.500 Rater - Ger ml - Pressaue Test & DWrda.a=' - Lecear Foot ' LF $030 $1.275 Rater - Cmw3l - Trench Safety iko Rata) 1 LS $283.00 $183 Rater - GeD631- vob&um LS $13.053.00