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HomeMy WebLinkAboutCCpkt2021-11-09AGENDA City Council Meeting Anna Tuesday, November 9, 2021 @ 6:30 PM Anna ISD Board Room 201 E. 7th Street, Anna, Texas, 75409 The City Council of the City of Anna will meet at 6:30 PM, on November 9, 2021, at the Anna ISD Board Room, located at 201 E. 7th Street, Anna, Texas, 75409, 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. 1. 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. Also, at this time any person may address the City Council regarding an item that is not on this meeting agenda. Each person will be allowed up to three 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 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. Neighbor Academy Graduation. (Management Analyst Kimberly Winarski) b. Anna Community Development Corporation bond rating upgrade to Aa3. (Director of Economic Development Joey Grisham) 5. Work Session. a. Update on Communications and Marketing. (Communications Manager Frances La Rue) b. Update on sanitary sewer infrastructure west of US 75. (Director of Public Works Greg Peters, P.E.) C. Update on traffic studies on select locations on TxDOT roadways. (Director of Public Works, Greg Peters P.E.) 6. 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 City Council Meeting Minutes for October 26, 2021. (City Secretary Carrie Land) b. Review Planning & Zoning Commission Meeting Minutes from October 4, 2021. (Director of Development Services Ross Altobelli) C. Approve a Resolution regarding the Lazy S Acres, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) d. Approve a Resolution regarding the Turner Addition, Block A, Lots 1, 2, & 3, Final Plat. (Director of Development Services Ross Altobelli) e. Approve a Resolution regarding The Villages of Hurricane Creek, Phase 2, Final Plat. (Director of Development Services Ross Altobelli) f. Approve a Resolution regarding the Vaquero DG Westminster Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) g. Approve a Resolution regarding the Vaquero DG Westminster Addition, Block A, Lot 1, Site Plan. (Director of Development Services Ross Altobelli) h. Approve a Resolution regarding the Anna/121 Land Holdings Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) i. Approve a Resolution regarding the Anna/121 Land Holdings Addition, Block B, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) j. Approve a Resolution authorizing the City Manager to execute a purchase order for street maintenance repair for County Road 419 in the City of Anna. (Director of Public Works Greg Peters, P.E.) k. Approve a Resolution for an Agreement for Police, Fire, and Public Works services with the Greater Anna Chamber of Commerce for the Anna Christmas Parade (Neighborhood Services Director Marc Marchand) 7. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution regarding the Jurado Estates, Block A, Lots 1 & 2, Final Plat. (Director of Development Services Ross Altobelli) b. Conduct a Public Hearing to consider public comments regarding establishing a City of Anna Property Assessed Clean Energy (PACE) Program. (Director of Economic Development Joey Grisham). C. Consider/Discuss/Action on a Resolution to Establish a City of Anna Property Assessed Clean Energy (PACE) Program. (Director of Economic Development Joey Grisham) d. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a professional services agreement with Texas PACE Authority for administration of the City of Anna's Property Assessed Clean Energy (PACE) program, with a scope of services as shown, in a form approved by the City Attorney. (Director of Economic Development Joey Grisham) e. Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 319.01 acres of land generally located east of US Highway 75, and south of County Road 371, being wholly located within the City of Anna, Texas corporate limits and extra territorial jurisdiction; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the Public Hearing; and directing the city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of Economic Development Joey Grisham) Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 52.17 acres of land generally located north of County Road 370, west of Anna High School, and south of Rosamond Pkwy, being wholly located within the City of Anna, Texas corporate limits and extra territorial jurisdiction; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the Public Hearing; and directing the city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of Economic Development Joey Grisham) g. Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 1,345.63 acres of land generally located along Powell Parkway, south of County Road 371, and north of Finley Blvd., being wholly located within the City of Anna, Texas corporate limits and extra territorial jurisdiction; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the Public Hearing; and directing the city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of Economic Development Joey Grisham) h. Consider/Discuss/Action on a Resolution entering into a professional services agreement with New Line Skateparks and authorizing the City Manager to execute the contract. (Director of Neighborhood Services Marc Marchand) Consider/Discuss/Action on approval of a Resolution authorizing the City Manager to execute a Subdivision Improvement Agreement with Anna Independent School District for Sherley Elementary School in a form approved by the City Attorney. (Director of Public Works Greg Peters, P.E.) Consider/Discuss/Action on the creation of the Anna Library Advisory Task Force (Director of Public Works Greg Peters, P.E.) k. Consider/Discuss/Action on appointment of Council Liaisons for Boards and Commissions. (City Manager Jim Proce) Consider/Discuss/Action on a Resolution Casting Votes for the Board of Directors for the Collin County Central Appraisal District. (City Manager Jim Proce) 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). Municipal Facilities. 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). ETJ Development d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Boards and Commissions 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. 9. 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. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City's website (www.annatexas.gov) and at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on Friday, November 5, 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 Anna I000 • "W11 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Kimberly Winarski AGENDA ITEM: Neighbor Academy Graduation. (Management Analyst Kimberly Winarski) SUMMARY: Staff will hold a graduation ceremony for the inaugural class of the Neighbor Academy. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Kimberly Winarski, Management Analyst Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 THE CITY OF manna AGENDA ITEM: �Iff,1►1'.X.1!703 City Council Agenda Staff Report Meeting Date: 11 /9/2021 Staff Contact: Joey Grisham Anna Community Development Corporation bond rating upgrade to Aa3. (Director of Economic Development Joey Grisham) SUMMARY: Staff will report on the recent upgrade to the bond rating for the CDC/EDC. The Anna Community Development Corporation has received an upgraded sales tax rating from Moody's Investors Service. The CDC earned a rating of Aa3 from A2. This is a "two-step" upgrade! It is wonderful to see Moody's recognize our strong growing economy, economic expansion, demand for residential housing and professional staff. Our finances are healthy because of decisions by our board and the hard work and innovation by Anna neighbors and businesses that are driving our strong economy. The CDC has been and remains committed to attracting unique projects that enhance the quality of life, attract new jobs for Anna neighbors, and bring new tax revenue to the city. Moody's said the upgraded rating to Aa3 reflects the strength of the city's economy, as well as the strong debt service coverage and healthy revenue growth despite the ongoing pandemic, demonstrating the resiliency of the rapidly growing revenue base. 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: Joey Grisham, Economic Development Director Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11 /4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 THE CITY OF Anna i00►r.11111141 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Frances La Rue AGENDA ITEM: Update on Communications and Marketing. (Communications Manager Frances La Rue) SUMMARY: Update on Communications and Marketing and a presentation of the Communications Strategic Plan, (Communications Manager Frances La Rue) 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: Frances La Rue, Communication Manager Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 lip Frances La Rue, Communications Manager Email: flarue@annatexas.gov Phone: 214-831-5303 The City of Anna Communications Department's mission statement is to provide consistently accurate and engaging communication to neighbors to connect and build relationships. THE CITY OF manna 1. Connect and engage with neighbors and expand listening efforts with targeted groups 2. Tell the Anna story 3. Increase awareness of programs, services, operations, and processes 4. Improve internal communications 5. Leverage technology THE CITY OF manna Anna Fell the Story We believe if we don't tell our story, someone else will. Therefore, we communicate City news and information in a timely, transparent and accurate manner so neighbors, businesses, visitors and City employees are knowledgeable about what's happening in Anna. We focuc nn being proartive rather than reactive, so people can have confidence in the quality and reliability of City information. THE CITY OF ...nna -".: i,5 •�r.. .—:-s Mpk Am r. {- Mx to r— i . . AN ACTn.NI!WS ANNA Cl 1-Y MEETINGS & EVENTS w rs`cw MEM NG5 CALENDAR 'Aa•.Nwb -.4"M EMBOM &I, Nw 30 .. c.t h 13 pit 0-17 NaaY rtrWn Ni.fl�tlr Rr� Website We utilize the City's website as our home base and keep it updated with all city information so neighbors can access it at their leisure. We also use the City's other communication channels, including social media, media relations and print publications. 6—MI • Advertising • • Brand Strategy • • Crisis Communications • • Neighbor Services • • Direct Mail • • Graphic Design • • Marketing and Communication* Strategy • • Media Relations E-newsletters Photography Printed materials Neighbor outreach events Ribbon cutting events Social Media Video production Website THE CITY OF ,manna The city's first strategic communications �'' plan has action items through 2024. ANNA STRATEGIC COMMUNICATIONS PLAN R L4 w nrr.: Lagoon -anchored 1,00-home development approved in Anna The city ckf Anna is the latest Noah Texas locale to wade into the lagoon -anchored residentlal community craze,v#h an $800 million. 1,800-home apvmopment. Ana. di —a-. .L.,.r&:i---.t11. c.lrh Ih.—ci 1s --b.. .uirasvd.d LR- I.- - ..'.%, ds rfclhmh;6alFle, Cusrl .,,,J .rn0l r,r,-- 4•15PMC:-0T(:ttrrer14.2021 00 ANr4 -Texas—ThissTcryaY•g�appewedNrTheDaksBusMess_ownd. • Serve as PIC) for City, Police and Fire • Pitch Stories • Write Press Releases ..w.¢ Anna officials seek input on water tower itrtff riCdrer, Anna Cilts jUritJ5 are ukigS rridc= to weigh ao tso- 011 wY1e1 tamer Lcaatcd o .. to Aaday Halitk�a J'x1T:. Y. a ila ma lofieAr ill rL:A. iF AAmwY AA A hi•-iir elel a LCIU�JRUV IL inIbeareanearLhe o:d triim depot the Calii¢?1c6iaaae stone and a Immm trim emgme Thew'atxrLa-arisinda peraLeDeedd me atiam FLw mL'for dirt pni _ aadlromxinttohexasbad awaybefm. onrfmg�,irh LprclaliardrmrapsLLlatin� palii( Lv prtnml fucula rural aIIJ additional deLeriansLioo. The 9uestiao tLLec breomea u'bat eoLx to palyd the tmyu. L}m0cmts mar offer thair impat hr aarupLatimg a v.3rw m tha rih. r f An AA xahalra Auwrdbic lkaa ovml prlf�wikga, Iv dle city oouneil by Jatel JvAoriam Elden EaLmr.thetrn rwb0tbefore: I_ had ri�rar paint kith the sword `.VLna• in blvii: Nwk lamp. nuving Wnrld Ivc r 11, Li xw puioLal blwjL I4/a.r� rtrr a•.1 LYi W h' brLLsry ..�-.} rr rr ar. dA.0 wvr..• w.x.w�Rrn • Field Media Inquiries • Train Staff on Media Relations • Media database — Critical Mention aranx Mintage Fire Engine Returns Home I hLL19+18 Luck w:_mcer Ovdisr_'verocl by Landuwrcrs in West Texas yMbrbdlthVraunc,rl-b1JPAAhkv.s._'Gx7.7D71•IlryrlWpnnnllrw41bW4,7WIat f y i CQw 1XIMP w� z ARMLL f44 Recreation Guide Fall 2V2] Sept - Dec ik.#'. LuL IV-0FLLE1�0W SEPT. 11 * 7 A.M. SLA TER MEEK PARK BASEBALL FIELD FLAGPOLE RI�IRd _ I f , x.y OP-40 tat JW*J' *A& IL THE aALE MID NE13F HNEMP" L4 P&MU ITEh. VkXAT0k&WLL U RHEA DON'T SLOW IT. "0113THE FINES. Graphic design projects have included event invites, recreation guide, survey promotion, event promotion, wastewater campaigns, Boards & Commissions brochures, and more. Oc AiHs ri L Puhllc 1311YU1 saughtJ311{ehahllitstlnn 6rKherlty'LVA1fiM'1'L0wu1- iu THE CITY OF nna Printed materials .1. nu 4'I71u +FDC i ANNA FIRE RESC E * 'I pw YULk : make4k Mie Me - rb>K-' o7.n}hYrhwi[ysr t-d—1,r bloc-f- t. - IM upr1�� ��inaisr]�i y I br rV�4rwa LssW ttl �� -W nn[+e riniR—nl r—f.k--LLd"- un wow rtrd r.m,r.,r,r:'+rr.,,rc�, w~ Make a diffeirance r.s.r.,r. mn-.tw'.,+'slsnrrnvt�y �"'•'" •"�••,� • `•"" by vulunleeringl e.rra,.+a.rxd.ni..rw,. rdN+as+dW bp—Yb + fypvrL—& n• it hsf1++ 5— 71L N PO �o+f+6 LGY' PY/} ,uu�ol,..rr�l c FtlN'�4E5 + +nwar,.drra17941Lf�ir I.N+bxlutw l..�iLaal . 6 0 F•yssl � W+ t...Lo iVj ri s•otl u. d�rirtMa w�• o hIIW LW—. I — —air 0 .d �'ari"'^ Visi! am'b�ee h—N. %4R- ,ywx�vl�oa� Anfta Rn Mr. and f-rmmiRuionR FAA. �Krrn-„�Ln.�r. �..y..rJ ndic5' nvtnvsHv� �Irpeawaee vuu L.c and pc W r �LWx -,111.:1�Ff �1All0��E1F 10 days of Halloween; Kit Activities P05TS National Night Out 2021 Harvest Fest 2021 Coffee with Cops Sept 2021 Johnson Park Ribbon Cutting 2Oth anniversary of Sept. 11 Recap - AnnarTexas H+IRDWIM SMUM GEE: R 514 iOODLER TA OT 1 MILE FLI1F 11UH sa7urdar arinh•ri One of our strategic goals under "Leverage Technology" is to share two new videos a month on social media. THE CITY OF manna CITY OF ANNA F4LL RECREATION, GUIDE FREE OCTO BE R 2 Harvest Festival 22-31 10 tJny-: of Hal Mvt.ri I Virl.jml 23 Storybook Saturday (Halloroeen) 26 Senior -a lo-.YE--n Breakfast 29 FaMiIS Movie Night ❑ 1 3 L13 EMBER VAN - Family ` meie Night �* Slnryhcx3k SAI.jiday {Dirio6aur%) LECEMBER 00 11.22 12 Days of Anna I Virtual 11 Christma3 Tree Lighting 14 Senior Christmas Sweater 3reakfast t FAMily %AewiP. Night $oirylic"k SmI.jidoY{Chri%trios} Scan code to view full calendar and register now for programs- Pr0gMM%5 51`0 t as eariy as Sept. ?4 L0L�� F I S T I Y A L :} •� RAAA,IIEIfRS � Saturday I October 2 I Noun to 6 pm 61ayter Creek Park 4.25 W Rosamond Pkwy. KIDS ZONE VENDOR FAIRE FOOD LIVE NUSIC SCARECROW CONTEST - STORYBOOK SATVRDAY AND M-DRE 5N - TODDLER TROY 1 MILE FUN RUN RACE9 B EO{N AT S AM Pri— tlarL A $5- ' Ewrly R.yi�. l.. L io. rOda 54pa. 24 �t An naTeXB5.gnvf H arvest Fest Our first direct mail piece was sent to all Anna Utility Billing recipients. We hope to expand our mailing list for future communications. Stan Lhe code Lo sign up fnr ourweekly newsletter 1 Like us on Facebouk 2+citVoCuumtx THE CITY OF nna Free family movie night tonight Tonight, enjoy free movie under the scars at Slayler Creek Park. Bring ycurblankets, va -j a-, s r _r,ic. Pre -activities twin an hour before dusk and the movie begins at dusk. The mane being shown i5 Remember the Thans. Council approves new tax rate During the last city wurroil meeting, the FY 2021-2U22 budget was adopted, ever tive-y lowering the city lax rate to SO.MbW per $1 CO valuation from SO.583444. In July, the city receWed an upgraded bond rating tram WoWstoA32 reflecting sirong credit funaamentals in an incense growth environment The city maintains strong and stable operating reserves, allowing u5 to deliver mane 5eryiues, additional fist raipondem, and new Facilities. A bold strategic plan along vAh a nerd adopted carnprehensive plan will g u F,=_ us into the future with a continued focus an ewnamic development 25 the top priurity. E-newsletter • Council meeting updates • Upcoming events • Community news • Videos • Project updates • Strategic plan updates • Photos Peanut Butter drive WeVE joined the North Texas Foad Bank's Peanut Merarive. The dme increases awareness about Social Media Anna Police • Traffic alerts • Comm -unity outreach • Behind the badge • SLISPeCt sought �4f TPIPP Ir City of Anna ■ Community events ■ Council updates • Staff projects ■ Anna news alerts Anna Fire * Fires Safety tips * Honor Guard * Santa drive throus AMok ik 0dwnmft JoinFSir,,X.,(, Urk-- - r4 dr ran' I+a1 M 2wq LII il�-. Mh.rA W-- -Fr ri• y -Wds hair wpvt,,.o. ■ w p.yr:. a}r ArYlu U111no- Dar�pa Salo- Jnrr It.'xq.lryr r.. eYar..•re.'Ih. gl./H•Al•. .di.rJ. d llpp[d..d* Yh#IFAMKk T)I An F,Nr..m.r : }Mn•ryvvr k .Y ¢yt plppp fqr pgrty.)pn{I Wf it r- 0I+.L}L-{FPIS V Jr[rr. ur d flr aXXN nl.l.d ps. -qr 3p..h.tlrr I4WArno JNn 5'hi::rx rK yrx,. p r r•,4rLa rL*, AMM Tc�sSmall BLra SC s p,lll F_IJa {rw.r hl.'rrwrl,. T`. {I]Lplla lr. ]Lwxm[]IJm.Ip ]rmaR 11 r, rrrl x'..M111y M1w mb.rr+,o- m]dy. wrW 11 � aw]s.ra.r Dl About Ama.._.7x. 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Dr. THE CITY OF manna Friday, November 19 vp CITY OF ANNA STAFF Iiil.lilill■I FRIDAY. NOV. 19 COME AND GO 111AM - 1PM ANNA CITY HALL CONFERENCE ROOM Celebrate Thanksgiving together with a staff chili cook -off. Additional lunch options will be offered. City Council will vote on the top three. �. ANNA FIRE RESCUE CENTRAL STATION FRIDAY, NOVEMBER 19, 2021 DROP OFF CHILI BEFORE 10 A.M. TASTE TESTING WILL BEGIN AT 11AM / 3 P . M . 305 S. POWELL PKWY. THE CITY OF nna THE CITY OF Anna i00►r.1la City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Gregory Peters AGENDA ITEM: Update on sanitary sewer infrastructure west of US 75. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna continues to see significant growth and interest in development on the west side of US 75. The City is working on multiple key infrastructure projects which will expand sanitary sewer service for the entire area west of US 75 within the City and Extraterritorial Jurisdiction. FINANCIAL IMPACT: None at this time - this is an update on the status of projects. There are multiple project with separate design and construction costs. The projects are all being funded through a combination of Sewer Impact Fees, PID Fees, and the Utility Fund, with a focus on growth paying for growth. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: None at this time. I_'Iir_[d:ILy,14011& 1 APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 fro I:[o1111�Ls] M manna Update on Sanitary Sewer Infrastructure West of US 75 Overview • History • Overall Plan • Development Update • Hurricane Creek Trunk Line Status • Hurricane Creek WWTP Status • Next Steps • Overall Schedule THE CITY OF manna History • Hurricane Creek • The City entered into a Development Agreement in 2015 (amended in 2018) with Centurion which included an obligation on the City to provide sanitary sewer collection and transmission from the • Sewer West of US 75 project. • The City began exploring the expansion of sewer west of US 75 in 2018. • The initial plan included construction of a large diameter sewer trunk main through Melissa's ETJ, connecting to an existing sewer transmission line owned and operated by the City of Melissa. • During the design process multiple challenges were found with Line A, including: • The depth of Melissa's transmission main to connect without impounding the creek, is too shallow to allow Line A • Melissa has limited capacity in their existing transmission main, which would limit future development. • Landowners in Melissa's ETJ were opposed to a City of Anna sewer main going through their property, which they might not ever be allowed to connect to. '� • Lugar Hill R Res rt a Creek Count Fl6b Starfire Equestrian Center h !� PC { Farm" �s.t❑ Market-4 5__ .�nnaT7 Min ID 00 ne[tar Dog Ranch - - nna- ':.x Wmar Supercenter woo. W Whi SF•.�:5unvi Ca e, F Ufa. 1. _Natural-5pringsjl ark = i"At tCaudalie Crest ` i Development Update � -I • Residential �w • Villages of Hurricane Creek • Phase 1— infrastructure complete, 134 homes permitted, 20 homes y complete • Phase 1B/2 — plans 90% complete • Hurricane Creek North l . • Phase 1/1A —civil engineering plans approved. Grading has begun. PFiRSF3 • Commercial • QT — under construction. Building construction has begun. { l f PHASE 3 ~I r PHASE 2 PHASE i It 4 PHASE IA PHASE 2 r PHASE 3 PHASE PHASE 2 PHASE 3 r+:.sF rs n r E Current Sewer System • Infrastructure • A portion of the Hurricane Creek trunk main was constructed north of FM 455 with the first phase of the Villages of Hurricane Creek. • Currently the main terminates at FM 455. This is where Hurricane Creek Trunk Line "B" will connect and convey sewage to the south. • Pump & Haul Program • In accordance with the development agreement for Hurricane Creek, the City has initiated pump and haul service of sewer for the development. • Anna Public Works is using the Vactor 2100i truck purchased in 2020 to pump and haul. • Currently the flows are minimal. However, flows will increase as more homes are completed. Hurricane Creek Trunk Line "B" • Easement Acquisition • The City began contacting landowners and coordinating to acquire the needed easements in the fall of 2019. • The last agreement for easement was reached in July of 2021. • Design • The design was 90% complete in Spring of 2021. The City changed direction and decided to pursue a WWTP, requiring plan revisions to achieve this new termination point. • Plans were finalized in October. Currently geotechnical exploration is taking place along the alignment to confirm the depth of rock, which can significantly impact construction cost. • Construction • We anticipate advertising the project for bid in December and opening bids in January. THE CITY OF manna Hurricane Creek Wastewater Treatment Plant • Permit Process • The City submitted an application for the WWTP in September of 2021. • The permit application was deemed administratively complete by TCEQ in November of 2021. • The public comment period will take place next summer, and we expect to achieve permit approval by September of 2021. • Design • The City's consultant completed a preliminary design report in October of 2021. • Staff will be returning to Council in January with the final engineering scope for consideration. • Construction • Based on the current timeline, construction is anticipated to begin in early 2023. This is heavily dependent on the TCEQ approval timeline. Hurricane Creek Temporary Sewer Solution Needs and Goals • There is a need to bridge the gap between development activity and the WWTP becoming operational. • The primary goal is to ensure that development can continue to move forward and is not restricted due to the process of permitting and constructing the WWTP. Solution • Staff has developed a low-cost solution to meet the sewer needs of development, which includes the installation of a sewer lift station. The lift station will be located just north of FM455 and utilize existing easements, City ROW, a TxDOT ROW, to convey the sewage to US 75, where it can connect to the existing gravity sewE across from Walmart. • Design & Construction • The City worked with product suppliers to design the system. The City is acting as the general contractor for the project. By self -performing portions of the scope, the City can control the timeline and cost. • Cost and Other Considerations • The total estimated cost is $175,000. • Due to supply chain concerns and product delays, staff is seeking to utilize the emergency purchase authorization as allowed by State Law, as recommended by the City Attorney. • If the City Council has no objections, staff will bring the final purchase documents to Council for approval at the December meeting. Overall Schedule 1 1 • November — Prelim. Engineering report complete for WWTP • January — Open bids for WWTP • November — TCEQ begins technical review of WWTP • January — enter into agreements with Weston and • November —order L„ ..,.�iion equipme„, Van Alstyne for sewer treatment • December — Bid Trunk Line Sewer • February — award WWTP • March —Trunk Line construction complete 1 • April — Begin construction of WWTP • January — open bids for Trunk Line Sewer KODA • January — MOU/ILA with Weston and Van Alstyne for sewer treatment • June — Open WWTP • February — award bid for Trunk Line Sewer • July— Remove Lift Station • February — Begin final engineering for WWTP • March — Install Lift Station • April — finalize funding plan for WWTP • April — Start Construction — Trunk Line Sewer • June — public comment period — WWTP • October — receive permit approval for WWTP* *Based on historical timelines for • December — Bid WWTP TCEQ approval of WWTP Permits THE CITY OF Anna Item No. 5.c. City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Gregory Peters AGENDA ITEM: Update on traffic studies on select locations on TxDOT roadways. (Director of Public Works, Greg Peters P.E.) SUMMARY: Staff will provide a brief update on the status of traffic studies being procured. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: No recommendation, information only. ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 11/5/2021 Jim Proce, City Manager Final Approval - 11/5/2021 THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Approve City Council Meeting Minutes for October 26, 2021. (City Secretary Carrie Land) SUMMARY: 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: 1. CCmin20211026 Final APPROVALS: Carrie Land, City Secretary Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 Regular City Council Meeting THE CITY OF Meeting Minutes Antra Tuesday, October 26, 2021 @ 6:30 PM Sue Rattan Elementary School 1221 S. Ferguson Parkway, Anna, Texas, 75409 The City Council of the City of Anna met at 6:30 PM, on October 26, 2021, at the Sue Rattan Elementary School, located at 1221 S. Ferguson Parkway, Anna, Texas, 75409, to consider the following items. 1 K 3 Call to Order, Roll Call and Establishment of Quorum. Mayor Pike called the meeting to order at 6:33 P.M. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation Allegiance. Neighbor Comments. No comments from the Public. 4. Reports. Mayor Pike led the Pledge of a. Proclamation Arbor Day 2021 (Neighborhood Services Coordinator Olivia Demings) Mayor Pro Tern Miller read and presented a Proclamation declaring November 5, 2021, as Arbor Day in the City of Anna. b. Fire Department Captain Badge Pinning (Fire Chief Ray Isom) • Captain Jacob Metdker was pinned by his wife Ashley, along with daughters Bailey and Brooke • Captain Zachary Crase was pinned by his wife Jordan • Captain William Rhodes was pinned by his son Thomas, along with his girlfriend Angga 1 C. Introduce New Fulltime Firefighters (Fire Chief Ray Isom) Assistant Fire Chief Dan Wood introduced the City's newest Firefighters: • Mark Vakos (Hired January 11, 2021) • McKenna Biedebach (Hired October 4, 2021) • Garrett Murray (Hired October 18, 2021) • Cody Greenway (Hired October 18, 2021) [Not present] • Andres Salines-Garcia (Hired October 18, 2021) • Brandon Berens (Hired October 18, 2021) • Benjamin Woolverton (Hired October 18, 2021) 5. Work Session. a. Code Compliance Report. (Code Compliance Manager Kevin Martin) Item 5.a will be presented at a future City Council Meeting. b. Presentation of the History of the Sherley Water Tower in Downtown Anna. (Director of Public Works Greg Peters, P.E.) Director of Public Works Peters introduced Anna neighbor and local historian Elden Baker. Mr. Baker presented a brief PowerPoint presentation regarding his research of the history of the water tower, in particular the colors the tower has been painted throughout the years. City Council discussion ensued. Following discussion, it was the consensus of the City Council that Director of Public Works Peters will collaborate with Communications Manager LaRue to prepare a survey to be posted to social media in which residents can choose which color they prefer the tower to be painted: a) silver with black lettering; or b) white with purple lettering. C. City Council Meeting Schedule for November and December. (City Manager Jim Proce) It was the consensus of the City Council to cancel the second City Council Meetings in both November and December so that both City Council and staff may be able to spend time with their families during the holidays. The City Council Meetings will be held November 9, 2021, and December 14, 2021. 6. Consent Items. MOTION: Council Member Miller moved to approve Consent Items 6.a. through 6.e. Council Member Toten seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for October 12, 2021. (City Secretary Carrie Land) b. Approve an Ordinance approving the 2021 Tax Roll. (City Manager Jim Proce) C. Approve a Resolution amending the City of Anna Personnel Policy Manual. (City Manager Jim Proce) d. Approve a Resolution authorizing the City Manager to execute termination of a temporary drainage easement in the Anna Crossing Subdivision. (Director of Public Works Greg Peters, P.E.) e. Approve a Resolution regarding the Quail Creek Run Place, Phase 2, Preliminary Replat. (Director of Development Services Ross Altobelli) 7. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution of Intent to Establish a City of Anna Property Assessed Clean Energy (PACE) Program and schedule a public hearing. (Director of Economic Development Joey Grisham) Director of Economic Development Joey Grisham introduced Dub Taylor of Texas PACE Authority. Mr. Taylor presented a brief PowerPoint presentation. City Council discussion ensued. On October 5, 2021, the Economic Development Department was asked by a representative of Anna Villages to consider adopting a City of Anna Texas Property Assessed Clean Energy (PACE) program. This voluntary program was approved by State legislation (Chapter 399 of the Local Government Code) and is established by local governments to facilitate the use of private capital to finance water conservation and energy efficiency projects to eligible commercial, multifamily, nonprofit, and industrial property owners. A RESOLUTION OF THE CITY OF ANNA, TEXAS GIVING NOTICE OF INTENT TO ESTABLISH A PROGRAM UNDER THE TEXAS PROPETY ASSESSED CLEAN ENERGY ("PACE") ACT OF 2013 FOR THE CITY OF ANNA, AS PROVIDED BY TEXAS LOCAL GOVERNMENT CODE CHAPTER 399; AND SETTING A PUBLIC HEARING. MOTION: Mayor Pike moved to approve a Resolution giving Notice of Intent to Establish a Program under the Texas "PACE" Act of 2013 and schedule a Public Hearing for the November 9, 2021, City Council Meeting. Council Member Carver seconded. Motion carried 7-0. b. Annexation Cedar Ridge Estates, Phase 2. (Director of Development Services Ross Altobelli) 1) Consider/Discuss/Action on a Resolution approving an Agreement regarding services including a plan for municipal services regarding a 24.8± acre tract of land generally located on the south side of County Road 427, 130± east of Purdue Road. (Director of Development Services Ross Altobelli) 2) Conduct a public hearing to consider public comments regarding annexation of 24.8± acres of land into the City's corporate boundaries generally located on the south side of County Road 427, 130± east of Purdue Road. 3) Consider/Discuss/Action on an Ordinance annexing 24.8± acres generally located on the south side of County Road 427, 130± east of Purdue Road. NICID Limited Partnership has submitted a petition to annex 24.8± acres of land located on the south side of County Road 427, 130± east of Purdue Road. It is recommended that the City Council approve a resolution for an agreement regarding services and an ordinance regarding the request to annex the 24.8± acres of land located on the south side of County Road 427, 130± east of Purdue Road. Mayor Pike opened the public hearing at 7:49 P.M. No comments. Mayor Pike closed the public hearing at 7:50 P.M A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 24.82± ACRE TRACT OF LAND. MOTION: Council Member Toten moved to approve. Council Member Ussery seconded. Motion carried 7-0. AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve. Council Member Toten seconded. Motion carried 7-0. 11 C. Zoning Cedar Ridge Estates, Phase 2. (Director of Development Services Ross Altobelli) 1) Conduct a public hearing to consider public comments regarding the request to zone 24.8± acres located on the south side of County Road 427, 130± east of Purdue Road to Single -Family Residential District (SF-72). 2) Consider/Discuss/Action on an Ordinance regarding the request to zone 24.8± acres located on the south side of County Road 427, 130± east of Purdue Road to Single -Family Residential District (SF-72). The applicant is requesting to zone the subject property in order to allow for single-family residences. The Single -Family Residential District (SF-72) is designed to accommodate single-family residential development on relatively ample lots. The district can be appropriately located in proximity to agricultural and single-family residential uses. The applicant is not requesting to vary from any of the City of Anna adopted regulations. The requested zoning is in harmony with the surrounding single-family zoning districts and the request is in conformance with the Future Land Use Plan, elements of the City of Anna Strategic Plan, and Anna 2050 Comprehensive Plan. For these reasons, staff is in support of the zoning request. The Planning & Zoning Commission recommended approval. Mayor Pike opened the public hearing at 7:50 P.M. No comments. Mayor Pike closed the public hearing at 7:51 P.M. 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: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 7-0. Mayor Pike requested City Council enter Closed Session. MOTION: Council Member Toten moved to enter Closed Session. Council Member Ussery seconded. Motion carried 7-0. Mayor Pike recessed into Closed Session at 7:53 P.M. Mayor Pike reconvened the Open Meeting at 8:53 P.M. 5 d. Pre -annexation agreement Coyote Meadows. (Director of Development Services Ross Altobelli) Consider/Discussion/Action on a Resolution approving Pre -annexation/ Development Agreement and Development Regulations for the Coyote Meadows single-family residential development. Director of Development Services Ross Altobelli introduced Daniel Satsky, Vice President of Ashton Woods. Mr. Satsky presented a brief PowerPoint presentation. City Council discussion ensued. The applicant is requesting to enter into a Pre -annexation agreement with the city in order to adopt development regulations and development standards for 136.22 acres of land generally located on the south side of future Rosamond Parkway, east of the Dallas Area Rapid Transit (DART) rail line right-of-way. The permitted uses and standards for development of the Property shall be in accordance with the SF-Z Single -Family Residence District - Zero lot line homes, SF-TH Townhome District, and SF-60 Single -Family Residence District of the Zoning Ordinance and applicable City Regulations, except as amended and modified in the Development Regulations and in the Development Agreement. The overall residential development will have a maximum of 731 lots meeting the following thresholds; o Min SF-60 lots: 250 o Max SF-Z lots: 309 o Max. SF-TH lots: 154 Additionally, the Development Standards address the City's zoning and development process once property is annexed, fencing, private amenities, and required infrastructure improvements. City staff worked closely with the development team on the proposed Illustrative Layout and is in agreement with the general terms and proposed modifications to adopted city standards which are listed within the Development Regulations. Conformance with the City of Anna Strategic Plan and Comprehensive Plan Future Land Use Map — The Future Land Use Map designates this property within the Downtown Master Plan limits classified as "Transitional Development". The Transitional areas are envisioned to support a range of housing types for people at all stages of their lives. Urban attached residential, detached residential, and cottage residential are identified as the primary residential building types that are appropriate in the Transitional Development Areas. 0 Anna Vision 2036 1. Principle 3: Beautiful Community a. Design standards and development agreements that promote beautiful and "enduring" buildings and commercial areas b. Preserved some natural areas/open space through the community 2. Principle 5: Great Housing Opportunities a. Diverse housing choices for all family generations City of Anna Goals for 2026 1. Sustainable Anna Community Through Planned, Managed Growth a. Manage residential growth b. Have a diverse range of housing choices available in Anna Recommendation Staff is supportive of the request. The proposed pre -annexation agreement and development standards meet the vision of the recently adopted Comprehensive Plan. The applicant has included stipulations to create a walkable development that will include a significant amount of private open space that will be open to the public that will connect neighborhoods and provide for significant north/south public trail connections east of US Highway 5. Additionally, the applicant is 7 proposing building material standards that will diversify the existing housing stock and create a unique neighborhood design that has yet to be seen in the City of Anna. The applicant made an informal presentation to the Planning & Zoning Commission at their regularly scheduled October 4, 2021, meeting. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING COYOTE MEADOWS DEVELOPMENT AGREEMENT. MOTION: Council Member Vollmer moved to approve. Council Member Atchley seconded. Motion carried 5-2. Council Members Carver and Toten opposed. e. Consider/Discuss/Action on a Resolution authorizing the City Manager to enter into a temporary road closure agreement with TxDOT for the Chamber of Commerce Christmas Parade. (Neighborhood Services Marc Marchand) The Resolution before the City Council authorizes the City Manager to enter into an agreement with TxDOT for the temporary road closure of State Highway 5 to allow the Greater Anna Chamber of Commerce to proceed with their Christmas Parade on December 11. The approved Resolution by Council and signed agreement between the municipality and state are requisite documents in order for the Chamber to proceed with the event. In addition, the Chamber will be providing a traffic maintenance plan as part of their submittal. Though not part of the action item before Council, staff would like to highlight that the City will be waiving fees ($375) and covering certain expenses such as barricades and staff overtime ($2,500 and $1,000 respectively) for this community event. Financial Impact: There is no financial impact associated with the request for temporary road closure. There will be a financial impact associated with the waiving of fees ($75 fees; $300 refundable deposit) and costs of services provided to the Chamber for their event. At this time, the estimated costs for overtime pay for public safety and public works is approximately $2,500; the cost for barricades and traffic plan is approximately $1,000.) With the consensus of the Council, staff will cover the staff costs, forgive the permit fees and reimburse the barricade expenses not to exceed the stated limits. A RESOLUTION OF THE CITY OF ANNA, TEXAS ESTABLISHING THE GREATER ANNA CHAMBER OF COMMERCE'S CHRISTMAS PARADE AS AN EVENT THAT SERVES A VITAL PUBLIC SERVICE TO THE COMMUNITY AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF TEXAS IN REQUESTING THE TEMPORARY CLOSURE OF STATE HIGHWAY 5. M MOTION: Council Member Toten moved to approve. Council Member Carver seconded. Motion carried 7-0. Consider/Discuss/Action appointments for the Board of Adjustment. (City Secretary Carrie Land) Currently, Place 5 on the Board of Adjustments is vacant. Council may appoint a candidate to fill the vacancy. This is an unexpired term ending May 2022. MOTION: Council Member Carver moved to appoint Brian Ward to fill the unexpired term ending May 2022 on the Board of Adjustments, Place 2; appoint Bob Hallberg to Alternate position 2A. Council Member Vollmer seconded. Motion carried 7-0. 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). Personnel Regulations; Municipal Facilities 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 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. 9. 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 10. Adjourn. Mayor Pike adjourned the meeting at 9:21 P.M. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land 10 THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Review Planning & Zoning Commission Meeting Minutes from October 4, 2021. (Director of Development Services Ross Altobelli) SUMMARY: FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. 10-04-2021 PZ Minutes signed APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 MINUTES PLANNING AND ZONING COMMISSION October 4, 2021 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on October 4, 2021, at the City Hall located at 111 N Powell Parkway, to consider the following items. Before the meeting began, Mr. Ross Altobelli, Director of Development Services, advised the Commission that staff had received a letter from Chairman Alonzo Tutson resigning from his position, effective immediately. Mr. Altobelli also advised the Commission that because of this, staff would be postponing agenda items 5 & 6 to a later date after Council has had an opportunity to appoint someone to fill the position. Mr. Altobelli then asked Vice -Chairman Henke to serve as lead for the Planning & Zoning Commission meeting. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 pm. Commissioners present were Latoya Grady, Nick Rubits, Dennis Ogan, Donald Henke, and Brent Thomas. Commissioner Paul Wenzel was absent. Staff present was Ross Altobelli, Lauren Mecke, and Salena Tittle. Councilman Toten was also in attendance for the meeting. 2. Invocation and Pledge of Allegiance Commissioner Thomas gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. 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. Location Map Planning & Zoning Annual Organizational Review Before the meeting began, Agenda Items 5 & 6 were placed on hold to a future meeting date until Council could appoint a new Commissioner to fill the vacant position left by Chairman Alonzo Tutson. Planning & Zoning Commission and Board of Adjustment Training (City Attorney) Annual Planning & Zoning Commission Review A) Elect a Planning & Zoning Commission Chairman. B) Elect a Planning & Zoning Commission Vice -Chairman. C) Elect a Planning & Zoning Commission Secretary. D) Review/Discuss/Action on additional items as necessary Consent Items A motion was made by Commissioner Thomas, seconded by Commissioner Ogan to recommend approval of consent items 7 through 19. The vote was unanimous. 7. Consider/Discuss/Action to approve minutes of the September 7, 2021 Planning & Zoning Commission Meeting. 8. Consider/Discuss/Action on a recommendation regarding the Mercer Estate Development Plat, Block A, Lot 1, Development Plat. Applicant: Dawn & Brian Mercer Page 1 of 4 9. Consider/Discuss/Action on a recommendation regarding the Anna Retail Addition, Block A, Lots 3, 4, & 5, Preliminary Replat. Applicant: Anna 31 Retail, LP 10. Consider/Discuss/Action on a recommendation regarding the Anna Retail Addition, Block A, Lot 5, Site Plan. Applicant: Anna 31 Retail, LP 11. Consider/Discuss/Action on a recommendation regarding the Anna Crossing Municipal, Block A, Lots 1 & 2, Final Plat. Applicant: HSLT & Anna Town Center No. 7 / LNRD, LLC 12. Consider/Discuss/Action on a recommendation regarding the Cox Addition, Block A, Lots 1 & 2, Replat. Applicant: Betty Cox 13. Consider/Discuss/Action on a recommendation regarding the Villages of Hurricane Creek - North, Phase 1, Final Plat. Applicant: MM Anna 325, LLC 14. Consider/Discuss/Action on a recommendation regarding the Villages of Hurricane Creek - North, Phase 1A, Final Plat. Applicant: MM Anna 325, LLC 15. Consider/Discuss/Action on a recommendation regarding The Villages of Hurricane Creek, Phase 1 B, Final Plat. Applicant: CADG Hurricane Creek, LLC 16. Consider/Discuss/Action on a recommendation regarding the One Anna Two Addition, Block A, Lots 3R & 4, Replat. Applicant: Dr. Richard Jelsma 17. Consider/Discuss/Action on a recommendation regarding the One Anna Two Addition, Block A, Lot 3R, Site Plan. Applicant: Dr. Richard Jelsma 18. Consider/Discuss/Action on a recommendation regarding the Walnofer Addition, Block A, Lot 2R, Replat. Applicant: Castleman Capital, LLC 19. Consider/Discuss/Action on a recommendation regarding the Whiterock Subdivision, Block A, Lots 1-5, Preliminary Plat. Applicant: Kishore Naga Items for Individual Consideration 20. Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding The Villages of Hurricane Creek, Phase 1 B, Block K, Lots 19R, 20-23, 3X, & 24X, Replat. Applicant: CADG Hurricane Creek, LLC Ms. Mecke gave a brief presentation. Commissioner Thomas asked if the Fire Chief was amenable to the applicant's request. Ms. Mecke advised that the Fire Department was fine with the request. The Public Hearing was opened at 7:07 p.m. The Public Hearing was closed at 7:08 p.m. A motion was made by Commissioner Grady, seconded by Commissioner Thomas to recommend approval of the Replat. The vote was unanimous. 21. Conduct a Public Hearing/Consider/Discuss/Action on a recommendation to establish zoning on 24.8± acres located on the south side of County Road 427, 130± feet east of Purdue Road to Single -Family Residence-72 (SF- 72) to allow for a single-family residential development. Applicant: NICID Limited Partnership Ms. Mecke gave a brief presentation. Page 2 of 4 The Public Hearing was opened at 7:10 p.m. Vice -Chairman Henke asked if the applicant had provided a layout. Ms. Mecke advised the Commission that the current request was specifically for zoning and that a Preliminary Plat will come at a later time. The Public Hearing was closed at 7:11 p.m. A motion was made by Commissioner Rubits, seconded by Commissioner Ogan to recommend approval of the zoning request. The vote was unanimous. 22. Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding an amendment to Article 9.04 (Zoning Ordinance) pertaining to swimming pool regulations. Mr. Altobelli gave a brief presentation. Commissioner Rubits asked if staff had any concern with these types of accessary uses being too close to the property lines or fencing. Mr. Altobelli advised the Commission that staff feels comfortable with the request because the applicants for these types of reviews and requests still need to be code compliant. Commissioner Rubits asked if city staff does site visits while the pools are under construction Mr. Altobelli advised the City of Anna's Building Inspectors do onsite visits while the pools are under construction. The Public Hearing was opened at 7:19 p.m. Stephanie Hendricks, 316 Lockhurst Drive, addressed the Commission that her preference would be to have a 4- foot setback instead of the staff recommended 5-foot setback. Ms. Hendricks advised the Commission that she currently has pool plans submitted with the City of Anna's Building Department and because her husband is taller than 6-foot, a larger pool was necessary. The Public Hearing was closed at 7:23 p.m. Commissioner Thomas and Commissioner Ogan asked staff if the 5-foot was a staff preference or could they vote to have a smaller setback to accommodate Ms. Hendricks request. Mr. Altobelli advised the Commission that staff would be in support of whichever size the Commission felt was appropriate. A motion was made by Commissioner Grady, seconded by Commissioner Rubits to recommend approval of the Zoning Text Amendment request. The vote was unanimous. 23. Workshop: Provide feedback for proposed development(s). Mr. Altobelli gave a brief presentation regarding the Coyote Meadow residential development that is currently being discussed between staff, Ashton Woods, and Starlight Homes. The proposed location is currently within the City of Anna's ETJ and would have to go through Annexation and Zoning. Daniel Leifer with Ashton Woods provided a slideshow presentation to show the Commission the conceptual layout, different product types, different elevation types, and the different amenities that would be available within the subdivision. Vice -Chairman Henke asked staff if the city's master plan considered the entire proposed area as residential. Mr. Altobelli advised the Commission that the area is proposed as residential in the master plan. Page 3 of 4 Adjourn Vice -Chairman Henke and Commissioner Ogan expressed concern for the amount of traffic this proposed development would add to the area and with too little options to enter and exit the subdivision. Mr. Leifer advised the Commission that Ashton Woods and Starlight Homes have thoroughly enjoyed working with city staff on this project and will continue to do what is necessary to work through any remaining kinks before coming before the Commission and Council. A motion was made by Commissioner Grady, seconded by Commissioner Ogan to adjourn the meeting. The vote was unanimous. The meeting adjourned at 8:05 pm. ATTEST: Donald Henke Planning and Zoning Commission Vice -Chairman Page 4 of 4 THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Lazy S Acres, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single-family residence on one lot on 39.2± acres located on the west side of County Road 511, 1,200± feet north of County Road 424. Located within the Extraterritorial Jurisdiction (ETJ). The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: 1. Locator 2. RESOLUTION - (DP) LAZY S ACRES DP BL A Lt 1 3. Exhibit A (STAMPED)- Development Plat —Lazy S Acres_10_6_2021 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 �'.4" �) f F� CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING LAZY S ACRES, BLOCK A, LOT 1, DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Carol Skrabanek Barrows Trust, has submitted an application for the approval of the Lazy S Acres, Block A, Lot 1, Development Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Lazy S Acres, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of November 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike EAST at 4.08 feet 40d Nail fnd. base FCP M ILIJ Ld N 0 0 Z RCIR� SRUNHILD INVEST INC 400.1924 Acres CCJ No. 19920522000338550, C. C L. R. East 3,022.71' (Basis of Bearing) � I Zone X Zone A )prox. Digital representation of 100—Yr Flood Limits per FEMA Panel 48085C0180 J, Doted 61212009 Zone A Legend CM Controlling Monument CCMR Collin County Map Records RCIRS Roome Capped Iron Rod Set CCLR Collin County Land Records Block A, Lot I 39. 1 97 A cres Carol Skrabanek Barrows Trust North Tract: 39.197 Acre Tract CC11 No. 2021051400098I370, CCLR West 3, 016.82' Carol Skrabanek Barrows Trust South Tract: Called 39.198 Acre Tract CC# No. 20210514000981370, CCLR Legal Description SITUATED in the State of Texas, County of Collin and the ETJ of the City of Anna, being part of the John Rowland Survey, Abstract No. 784, being all of the North Tract: 39.197 acres as described and recorded under County Clerk No. 20210514000981370 Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a point for corner in a approximate middle of County Road 511, same being the northeast corner of said 39.197 acre tract, from which a 3" pipe fence post found on line for reference bears West, 14.48 feet, a Mag Nail found marking the northwest corner of Lot 5, Block A of White Oaks Addition, bears North 00°29'32" East, 177.76 feet, and a Mag Nail found marking the southwest corner of said Lot 5 bears South 00°29'21 " West, 73.64 feet, said beginning corner being the southeast corner of a called 400.1924 acre tract as recorded under County Clerk No. 19920522000338550 of the Collin County Land Records; THENCE with County Road 511, the west line of said Lot 5, and the west line of a called 4.928 acre tract as recorded under County Clerk No. 20150917001184860 of the Collin County Land Records, South 00°58'25" West, 434.56 feet to a Mag Nail set for corner, and South 01°02'36" West, 130.94 feet to a Mag nail set marking the southeast corner of said North Tract: 39.197 acre tract, and the northeast corner of a South Tract: 39.198 acre tract as recorded under County Clerk No. 20150917001184860 of the Collin County Land Records; THENCE departing said roadway and with a common line between said North Tract: 39.197 acres and South Tract: 39.198 acre tract, WEST, 3,016.82 feet to a Roome capped iron rod set marking the southwest corner of said North Tract: 39.197 acre tract, the northwest corner of said South Tract: 39.198 acre tract, and being in an east line of the aforementioned called 400.1924 acre tract; THENCE with the west line of said North Tract: 39.197 acres and an east line of said 400.1924 acre tract, North 00°23'36" East, 565.43 feet to a point marking the northwest corner of said North Tract: 39.197 acres, an ell corner of said 400.1924 acre tract, from which a 60d nail found at the base of a wood fence corner post bears EAST, 4.08 feet; THENCE with the north line of said North Tract: 39.197 acre tract, the south line of said 400.1924 acre tract, EAST (Basis of Bearing), passing at 4.08 feet said 40d nail at the base of a wood fence corner post, and continuing for a total distance of 3,018.62 feet to the place of beginning and containing 39.197 acres of land. Flood Note The subject property falls in Zone X and Zone A (BFE — No Base Flood Elevation determined) according to the Flood Insurance Rate Maps, Panel No. 48085C180 J. dated 6/3/2009, as published by the Federal Emergency Management Agency. Surveyor's Certificate I, F.E. Bemenderfer, Jr. a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this Development Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my supervision. Registered Professional Land Surveyor Registration No. 4051 BEFORE ME, the under signed authority, a Notary Public in and for siad County and State, on this day personally appeared F.E. Bemenderfer Jr., known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ___ day of _—__—__, 2021 NOTARY PUBLIC in and for Collin County My Commission Expires: Anna Approx. City Limits (Source. Collin County Online GIS Map) Ex. Wpod Barn 37 x42' —E Zone X W 0 100 200 Scale: 1 "=100' Surveyors Notes: 1. Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. 2. Surveyor did not abstract for subject property. This survey is subject to all easements of record. 3. This plat was performed without the benefit of a title commitment. 4. This plat is being provided solely for the use of the current properties and not to be used without written permission of the undersigned surveyor. 5. The Basis of Bearing is the vesting deed for the subject property as recorded under County Clerk No. 20210514000981370 Collin County Land Records. 6. As noted on the survey the subject property is affected by a Special Flood Hazard Area. CERTIFICATE OF APPROVAL APPROVED on this the ________day of ____________- 20____- by the City Council, City of Anna, Texas. Mayor City Secretary Owner Carol Skrabanek Borrows Trust 9224 Cleorhurst Drive Da11oS Texas 75238 Ph: 214-500-8127 Mag Nail Fnd. I W I �I� I 0)r I ol� I o z I I I I I I 50' R.O.W. per White Oaks Addn. 3"pipe fence post WEST 14.48 feet I I POINT OF �r I BEGINNING o nI oCn o^ I Lr)N I Mag Nail Fnd. 105.6' LO Proposed 104.45 M Residence 11ad, d Location 2,627 SF II2N� LO o � O o o fi I � N Mag Nail Set � I I M� o0 0 I I � Mag Nail Set Development Plat Lazy S Acres Block A, Lot I Being 39. 197Acres John Rowland Survey, Abstract No. 784 City of Anna ETJ Collin County, Texas October 6, 2021 Surveyor Roome Land Surveying, Inc. P.O. Box 941647 Plano, TX 75094 Preparer.• Fred Bemenderfer 972-423-4372 Firm No. 10013/00 R:/AC12021Q3/AC883115.dwg THE CITY OF Anna Ili 001'.=:�'.1 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Turner Addition, Block A, Lots 1, 2, & 3, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Three lots on 5.0± acres located on the north side of County Road 424, 1,500± feet northeast of the intersection of County Road 424 and Farm -to -Market 455. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. I_'Iir_[d:ILy,14011& 1 1. Locator 2. RESOLUTION - (FP) TURNER ADDITION, BLOCK A, LOTS 1, 2, & 3 3. EXHIBIT A (STAMPED) - TURNER ADDITION PLAT APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE TURNER ADDITION, BLOCK A, LOTS 1, 2, & 3, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Joseph and Beverly Turner have submitted an application for the approval of the Turner Addition, Block A, Lots 1, 2, & 3, Final Plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Turner Addition, Block A, Lots 1, 2, & 3, Final Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 13 V1011=1 60' FUTURE ROW 30' ROAD & ACCESS EASEMENT COLLIN COUNTY VOL. 5021, PG. 2463 118.84 ACRES ROGERS HARLOW FAMILY TRUST C.C. NO. 20110721000760530 5' ROW DEDICATION 1331 SQ. FT. / 0.030 AC. 25' � I I I 30' ROAD & ACCESS EASEMENT COLLIN COUNTY so' VOL. 4988, PG. 0055 II II 5.17 1/2"IRF C.M. � I p — 0 `� I cc ICn co cz y MA H Health Department Certification: POINT OF 3EGINNING 25' 30' ROAD & ACCESS EASEMENT COLLIN COUNTY VOL. 4975, PG. 3153 1. The original copy will have original signatures, stamp seal and on impression seal. 2. Copyright 2021, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The basis of bearings, are derived from ALLTERRA CENTRAL RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0. PURPOSE STATEMENT. The purpose of this plat is to subdivide Tract 16 into 2 lots. NOTICE: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. 12.477 ACRES BRANOM PROPERTIES a Texas limited liability company VOL. 4019, PG. 1455 N 02001 '21 " E 828.10' 5' UTILITY EASEMENT CAPPED 1/2"IRF (TYP.) N N 02°01 21 " E 471.54' Qn LOT 2 c Iv Is 1.666 Acres00 w 72,571 Sq. Feet C/) LOT 100 aN 5' UTILITY EASEMENT tQ -,I 1.970 Acres m LI� — (TYP.) — (3300 85793 Sq. Feet — 02°18'34" E 354.73' CAD°o -N 5' UTILITY EASEMENT o) oV (TY) ) P I LOT 3 � L-1 S 01.57'06" W 471.55' I 1.334 Acres 5' UTILITY EASEMENT 58,109 Sq. Feet (TYP.) S 02000'35" W 833.59' — — /2PRF 32.473 ACRES JAMES AND SUSAN MARTIN C.C. NO. 20140610000579990 I hereby certify that the on —site sewage facilities described on this plat conform to the applicable OSSF laws of the State of Texas, that site evaluations have been submitted representing the site conditions in the area in which on —site sewage facilities are planned to be used. Registered Sanitarian or Designated Representative Collin County Development Services COUNTY OF COLLIN STATE OF TEXAS WHEREAS Joe Turner and wife Beverly Turner are the owners of a tract of land situated in the Gwynn Morrison Survey, Abstract No. 559, Collin County, Texas and being all of a 5.000 acre tract conveyed to Joe Turner and wife Beverly Turner as recorded in County Clerk's No. 20160128000101100, Land Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped 112" iron rod found at the southwest corner of said 12.49 acre tract in the north ROW line of County Road No. 424, said iron rod being N 02`01 '21 " E a distance of 5. 17' from a 112" iron rod found for the southeast corner of a 12.477 acre tract conveyed to Bronom Properties as recorded in Volume 4019, Page 1455, D.R.C.C.T.; THENCE N 02"01 '21 " E following the west line of said 12.49 acre tract a distance of 828.10' to a capped 112" iron rod found for corner, THENCE S 87°58'31 " E a distance of 262.05' to a capped 112" iron rod found for corner, THENCE S 02°00'35" W a distance of 833.59' to a 112" iron rod found for corner in the north ROW line of said C.R. No. 424; THENCE N 86°46'34" W a distance of 262.29' to the POINT OF BEGINNING, and containing 217,800 Square Feet or 5.000 Acres of land. COUNTY OF COLLIN STATE OF TEXAS NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, Joseph and Beverly Turner, do hereby adopt this plat designating the hereinobove described property as TURNER ADDITION, BLOCK A, LOTS 1, 2 AND 3 on addition to Collin County, Texas and do hereby dedicate to the public use forever, their streets, alleys and public use areas shown hereon, the easements, as shown, for mutual use and accommodation of the City of Anna and all public utilities desiring to use or using some. All N 02°0121" E 1166.79' and any and any public utility and the City of Anna shall have the right to remove and keep removed all or parts of any building, fences, shrubs, trees or other improvements or growths, which in anyway, endanger or interfere with the construction, maintenance or efficiency of it's respective systems on said Easements, and the City of Anna and all public utilities constructing, recon— structing, inspecting, patrolling, maintaining and adding to or removing all or parts of it's respective systems, without the necessity, at anytime, of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Anna, Texas. 32.473 ACRES WITNESS MY HAND at Anna, Texas, this — — — day of -----------------, 2021. JAMES AND SUSAN MARTIN C.C. NO. 20140610000579990 ----------------------------- ----------------------------- JOSEPH TURNER BEVERLY TURNER COUNTY OF COLLIN STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Joseph Turner, known to me to be the person whose name is subscribed to the foregoing instruments, and acknowledged to me that he executed the some for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the — — — day of ---------, 2021. 92 11 ------------------------------------------- NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS COUNTY OF COLLIN NORTH STATE OF TEXAS SCALE 1"= 80' 0 80 160 BEFORE ME, the undersigned authority, on this day personally appeared Beverly Turner known to me to be the person whose name is subscribed to the foregoing instruments, and acknowledged to me that he executed the some for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on LEGEND this the — — — day of--------- 2021. C.M. = CONTROLLING MONUMENT NOTES: BEARING SHOWN ARE BASED ON TRUE NORTH AS ESTABLISH BY RTK METHOD USING WESTERN DATA'S DALLAS/FT. WORTH NETWORK. SOUTHWEST CORNER J. FISHER SURVEY, ABSTRACT NO. 305 LOCATION MAP NOT TO SCALE SURVEYORS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT 1, DAVID J. SURDUKAN, do hereby certify that I prepared this plat from an actual survey of the land and that the corner monuments shown hereon were properly placed under my personal supervision in accordance with the Platting Rules and Regulations of the City of Anna, Collin County, Texas. DAVID J. SURDUKAN R.P.L.S. NO. 4613 COUNTY OF COLLIN STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared DAVID J. SURDUKAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the — — — — day of --------, 2021. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Accepted this Anna, Texas. day of Mayor City Secretary 2021, by the City Council of the City of FINAL PLAT TURNER ADDITION BLOCK A, LOTS 1, 2 AND 3 BEING 5.0 0 0 A CRES 0 UT OF THE GWYNN MORRISON SURVEY ABSTRACT NO. 559 COLLIN COUNTY, TEXAS OWNER SURVEYOR JOSEPH AND BEVERLY TURNER SURDUKAN SURVEYING, INC. 3883 C.R. NO. 424 P.O. BOX 126 ANNA, TEXAS 75409 ANNA, TEXAS 75409 (214) 450-0873 (972) 924-8200 SCALE 1" = 80' DATE. OCTOBER 6, 2021 JOB No. 2010-56 THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding The Villages of Hurricane Creek, Phase 2, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: 267 single-family residential lots and 6 common area lots on 56.2± acres located on the west side of Standridge Boulevard, 310± feet north of Creek Meadow Drive. Zoned: 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) (Ord. No. 886-2020). The purpose for the Final Plat is to dedicate rights -of -way, lot and block boundaries, and easements necessary for the creation of a single-family residential development. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Locator 2. RESOLUTION - (FP) THE VILLAGES OF HURRICANE CREEK, PHASE 2 3. Exhibit A (STAMPED) - Villages of Hurricane Creek Phase 2 Final Plat APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 pin THE CITY OF N Anifta Subject Property .'.tiA M I Er City Limits OParcels limyA M I r ETJ 3240 5235 823232203224322a 32163212 3200.320b` `� 3136 3128 311& 31Cd 3032 3244 3203 3235 3223 32263221 32173213 3205 3i37 32C 3232 32283224 321& 3212320832o4320C 3140 202 33C4 33C8 205 204 3233 3225 3227 3217 3215 3209 3312 3316 3305 205 2C8 33o3 3M 312 212 332a Spa Sag 2:13 212 21G 3324 3317 32M 217 216 3326 306 220 3321 3232 227 Soo 3325 3224 3215 3208 3204 225 304 CC^14 C 3125 31135109 31CS 3025 3017 30093Ca5 3121; 3120 01123108 3032 3624 3012 3004 gas 204 gag 204 21I5 3025 3021 W13 313C5 208 2M 2703 2M 2C3 213 212: 21S 212 213 3OC8 3064 3012 217 216 217 2% 217 30a 303 22D zoos 306 3C4 307 224 SME 304 soya 3p7 .. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VILLAGES OF HURRICANE CREEK, PHASE 2, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and Article 9.04 ("Zoning Ordinance") of the Anna City Code of Ordinances; and WHEREAS, CADG Hurricane Creek, LLC has submitted an application for the approval of The Villages of Hurricane Creek, Phase 2, Final Plat; WHEREAS, The Villages of Hurricane Creek, Phase 2, Final Plat generally conforms to the approved The Villages of Hurricane Creek, Phase 2, Preliminary Plat; WHEREAS, The Villages of Hurricane Creek, Phase 2, Final Plat conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves The Villages of Hurricane Creek, Phase 2, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike VICINITY MAP N.T.S., I -�T--� SITE i o °1 Y � E 00 n M Ce i FM 455 v n - LEGEND P.O.B. POINT OF BEGINNING IRS IRON ROD SET IRF IRON ROD FOUND OPRCCT OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS o PRCCT PLAT RECORDS OF COLLIN COUNTY, TEXAS B.L. BUILDING LINE o U.E. UTILITY EASEMENT VAM VISIBILITY ACCESS & MAINTENANCE EASEMENT 3 WME WALL MAINTENANCE EASEMENT STREET NAME CHANGE 0 1 l �I N W E S 0 50 100 200 GRAPHIC SCALE IN FEET 5 5 CENTERLINE CURB TR TL 50' ROW DETAIL MINIMUM SIGHT DISTANCE FOR A CARAT AN INTERSECTION (TYP.) N.T.S. MPH T 30 110+200=310 35 130+250=380 40 130+325=475 45 165+400=565 50 190+475=665 i / 112 / IRF MM ANNA 325 LLC INST. # 20190411000386110 N89°04'42"E 1,382.63' 0. P. R. C. C. T. 00' 40 00'- 40 00' 40 00 40.00 40.00 40.00 40.00 40.0 / 70.56 82.17 50.53 r50.00-I 55.00 �i L 40.00' 4UAA1 4U.Ui - vu.w • 11-vv 40. 5' W.M.E. N 5' W.M.E. 5' W.M. OCd 70' 24.80' I (TYP.) Q 0(TYP.) $(TYP.) UOVERHEAD o _ OELECTRIC o O � 0 0 000 0 0 0 0 0 o O O o 0 0 o N rn_ _ 8 _ 9 0 100 110 120 130 140 150 160 170 18 019.0;:: m21 WEASEMENT �' �15 16 `' 17 0 18 O Z w 0 2 0 3 0 4 0 5 0 6 0 7 0 0 0Iw0o!u�14 L �,00 20' B.L. 2 ^'�i0.84'+ j$ \ Ag.06' 49.16' 50.00' 55. 0' a 040.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00 40.00 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 36.08' 38.18' 4s D5 a o 0 / QC +++ ASHBROOK LANE o z 0 / ++ 4i �i �? 179.16 - - 752.20' - - - - / o ++++ vR S3� �1 N S89.04'42"W 931.36' C10 o ,�• c� 12.87' -4- O e° 12 23 5.44 44.60' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40�00 40�00 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 46.73 45.56' sg 8g, Lu ° / (�� h7' g1 X 20' B.L. N w M ^� 1� 18 19 O O O O O o 0 O O O O O O O O O O O O N 10 11 126 130 140 150 160 170 O O O no o� \'�o P "' 1 0 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 0 0 0 z / N �v�5 0� 4§cry s0 I ham' O°\ po 14 z / �0 21.78' rn 1 .75 124. \ 5.47 / �P Q�• v° \1�00 0 / ???S� 36.60 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 3961. v o°Q h 5' W.M.E. 0 do t �h N89'04'42"E 196.60' 50.00' F50.00'� F-50.00'� F50.00'-� F50.00'� F50.00'-50.00' 50.00'--50.00' 50.00'--50.00' 50.00` 61.0T- L9'6T ,� 4 0 3 (TYP.) 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N 36 0 37 o 0 54 4 O Point of t" Beginning S02'05'48"E 55.77' �7� 771^ I 0 U 2 1/2" IRF "GEER 3258" ANNA INVESTMENTS LLC INST # 20210607010002180 O.P.R.C.C.T. I 1 /2" IRF "GEER 3258" I A / I �\ / Zs. 3' 2 25 1s.1o' s �; 0 0 e 0 O M O O NI S87'59'16"W N8 59 E zl S87'S9'16"W / o.00' /\ " N 1 2 3 4 5 6 0 7 0 8 9 N y 10 0 11s.00' - -rr�o 110.00' S� _ 3 \ a o of o 0 of o z oo 11. 6' 89 8.39' _ Y \ 84� / n O °° o � ° 53 04 18 o ro z 1.12' 35 0 38 ^0 p \ o ro N82'54' 3.27' Sg59'16 W S �J8814'W -J 26 / h '12 7 35"W 11.72' - 8�}g' 4 i� \ ' 2 \ h o 76.56' J -rt15 -58.. S0.00' S0.00' S0.00' 50.00'--50.00' S0.00' S0.00' S0.00' 60.60'- b In -33.34' S1.3T-51.10' S2.51'- 52.51' 52.51' S2.51'--52.51' -L14 O 34 `�° °p 52 o U / 0°'^ �� fo "t•75,9.•� TYP.)' 1 o W 1s.44. (TYP.) M s.72. 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L -110. o N 3. ,W I 3 N 8 0 0 _o �; y� z -11 C o Z O O M N \ N N7$. 2 O^ M O N O NNi -99'� ��- Q q CADG HURRICANE CREEK, LLC o 31 0 0 <re rn 51'17" z O o o z xow INST.# 201505290000631020 589 1'29 � 'o° 9 '�L 12 0 66.19, W z z z J Q 0 29 0� 44 0 I �4,1I9, 47 o O.P.R.C.C.T. -rr4.48'- i�ss'a1 29 W J �s7 / O 2 N 54.4p _ 58.49' o ro b °r° 20.�8` I \ 6�4 g0-� / 37.77 58.49'- 58.53'--57.52' S4.00' 54.00'- 54.00'-54.00' 59.09' n `x o I o c� N8 h O I--, I 0 0 O o `�2��3� 11.78' I 8.83'29.67 38.64' 49.70' 50.00' 50.00' -T-0 Do'- -50.00' -L15 0 �99'� 710.00' �� 109.229W Q o 32 o 0 10 - 0 3 20.73' 5' W.M.E. Z 1 Q o ;0 co cnl vi -� 19.89' 10.96' o 0 u� I 11 0 C i^ 3 eJ (TYP.) w �i o o 1� L 21 N N i> 3 w !� O �0 28 =, u� 45 0 1o.4s' O -110.01' '65.7T 47.59' N - 0 0 20.43' L1 117.7g'_ 4.94' _o 20 0 19 4 "�� M o N $ 0 0 e 12 0 00 11-113.0T� 114.11' N 10.00' P o 18 0 M o 15 0 14 0 13 0 0 !0- S89.41'29"E S89.41'29"E 0� C20 d. N o 17 ro 0 16 w o 0 N L17 $ 8D' 144.58, 90.77' , v0i O O O N n 0 i3 �40 10.00' 60•9W -� _ N ( - - c s 27 46 r, �, 60' 109.70, S4.01' 45.94' 3p 4, 54.48 54.4b' 14.67' 25' B.L. / 14.56' 226.9�+' 60.51' S4.48' 1724'38 54.48' 38.45' 50.00' 50.00 S0.00' 50.00' 53. 4 0 112.40'- � � 0 � 45 N.6�'/0, o - 0.57' � 3 S8224'38"E �yb•15' 190.91 6g, - C21 TIMBER RIDGE DRIVE ---�Y h g DRAINAGE a 1 (0 49.p3 _ Y I O I I 11� - o M M ESMNT S83'44'03"E I -- b� 4g 03' G �i 2 99' 26 0 O UTILITY L I T N87'S9'16"E 246.88' j0,, o 0 00_ W \ 4g•03' L=10D ( 96.13' o n 1X to 109.79' v 8 9 10 `� N ^ �W 49.03' 49.03' 49.03' 49.03' 32.92' 50.00 50.00' 50.00' 50.00' C2 50 A \ \ S82 24 16 "E 112 I R F M 6 W.M.E. 1 1 to N (TYP.) `2 I I .'0 0 12 :}' vMi ^ - w 25' B.L. �(L72' DRAINAGE 8 o `t 13 �n ^ w s' w 3 4 3 11.31 289 3 UTILITY DEER 3258" 5' W.M. S7g 54'49" 63. 2 N "� 14 !o io cu _ 0 - - - 23.13' 109. E 99' J 48 64 I (TYP.) °' 0 V. `0 '� c0 °0 0 0 24 o 25 \ MINT- �I z O^ - 15 t0N N o n �� o O O aN - (O s3' o e 16 M N N o 21 0 22 o 23 6 U Ii�-IcI81.1 47.5r z o n _0 17 d e 18 M 0 19 0 0 20 0 0 0 \ a 26.53' 3 28. 5' �`18�W� 48.60' 53.7 O Z z o o o N rn 1/ 2 IRF ~ N S7757' 24. 12' ] M 6 3.46' S3.33' S z z z z z // „GEER 3258" 4 0 11 p.0 E 3 N78 �3'27" 3.30' 53.28' 53.28' 53.28' 52.20'--50.00' 50.00'--50.00' So.48' M e 0' 18.61' 1 6 50.00' 50.00' / - - `� 4 m o o \ so.35. / Q o N �o CI7 S7757•43 E N,o N S� 6 TRACT 2 / _ _ _ 04 e 110p0 3. 4' LS CADG HURRICANE CREEK, LLC LO 115.88' INST. # 201 505290000631 020 _ _ - - - - - - 00 q cv 5 0 8 S89'37'35"W O.P.R.C.C.T. --- •� S775743"E c-� �J' X W ------ W 100.97' ELF OZ ---- M Cq v- 30.184--226.90' H - - - - O FULLY DEVELOPED 100-YEAR 1208� FLOOPLAIN - -Q <- - K PER PELOTON STUDY, NOVEMBER 2018 1X o _ - - - C/) 40' DRAINAGE EASEMENT _ 15' IQ INST.# 20190408000365720 - - - - - - - - - - - _ _ _ - - - VARIABLE WIDTH D. E. DRAINAGE a 1/2" IRF (ITEM 10.ZZZZZZZZZZ) N - - INST. N0. UTILITY V 20201007001736000 ESMNT -N00'46'53"W S89°13'07"W 1,391.48' THE VILLAGES OF HURRICANE Tract 4 38.33' �� 1/2" IRF CREEK, PHASE 1 CADG Hurricane Creek LLC 16� "PELOTON" INST # 2021012000126700 Inst. # 20150529000631020 O ,1 0.P.R.C.C.T. O.P.R.C.C.T. APPROX. TRACT_ S�g� LINE �)I NOTES 1. THE BEARINGS SHOWN AND RECITED HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983 - NORTH CENTRAL ZONE NO. 4202 - NAD83. ALL DISTANCES ARE SURFACE DISTANCES WITH A SURFACE TO GRID SCALE FACTOR OF 0.999874745355. 2. ALL PERIMETER PROPERTY CORNERS ARE 5/8 INCH IRON RODS WITH CAP STAMPED "PELOTON" SET, UNLESS NOTED OTHERWISE. 3. SUBJECT TRACT IS LOCATED IN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) AND IN ZONE A (NO BASE FLOOD ELEVATIONS DETERMINED) ACCORDING TO FEMA FIRM PANEL MAP NUMBER 48085CO155J EFFECTIVE DATE JUNE 6, 2009. z 4. NO APPURTENANCE BETWEEN THE HEIGHT OF 2.5' AND 10' MAY BE PLACED IN THE VISIBILITY TRIANGLES. R.O.W. 25' x 25' VAM EASEMENT ALL STREET INTERSECTIONS UNLESS SHOWN OTHERWISE 25'x25' VISIBILITY ACCESS & MAINTENANCE EASEMENT AT STREET INTERSECTIONS (TYP.) N.T.S. 50' RIGHT-OF-WAY 20' or 25' BL J J J J J J 1 mllm mllm mllm Cn w LOT LOT I I LOT 140' X 70'I I II II5,BLII 115'BL LOT LOT LOT BUILDING SETBACKS 50' REAR ENTRY (TYP.) N.T.S. 0 0 D OWNER CADG HURRICANE CREEK, LLC 1800 VALLEY VIEW LANE SUITE 300 FARMERS BRANCH, TEXAS 75234 469-892-7200 / SUZIE LANE ANNA VILLAGE RESIDENTIAL LTD INST•# 0210107000041360 O.P.R.C.C.T. A FINAL PLAT OF THE VILLAGES OF HURRICANE CREEK - PHASE 2 56.238 ACRES TOTAL 267 RESIDENTIAL LOTS, 6 COMMON AREA LOTS SITUATED IN THE J. BOYLE SURVEY, ABSTRACT NO. 105, & W.S. RATTAN SURVEY, ABSTRACT NO. 752; CITY OF ANNA, COLLIN COUNTY, TEXAS O N O 00 T- W � Q� O N CO N p p II U U o m m � N -5 U cn Cq W � T � 11 O �x zE°z� W F O ~ ZpO��O W U.2 w W z �D ►1��1 W m C) C) pq P-1 ^ W �4 0 Z � WA"2rU D z z (A Z O 0 O ~ U) o ILL00 J o o � O 0 LU J U)� 0 CO 0- W z c) �0 o CO Q LO C J 0 0 0 SHEET 1 OF J SHEET 0 0 0 0 0 0 i LEGAL DESCRIPTION: BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE J. BOYLE SURVEY, ABSTRACT NUMBER 105 AND THE W.S. RATTAN SURVEY, ABSTRACT NUMBER 752, COLLIN COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DEED TO CADG HURRICANE CREEK, LLC KNOWN AS TRACT 2 RECORDED IN INSTRUMENT NUMBER 201505290000631020 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND IN THE SOUTH LINE OF A TRACT OF LAND TO MM ANNA 325, LLC TRACT 1 RECORDED IN INSTRUMENT NUMBER 20190411000386110 AND BEING THE NORTHWEST CORNER OF ONE ANNA TWO ADDITION RECORDED IN INSTRUMENT NUMBER 20210607010002180 OF SAID O.P.R.C.C.T. THENCE DEPARTING THE SOUTH LINE OF SAID MM ANNA TRACT FOLLOWING THE WEST LINE OF SAID ONE ANNA TWO ADDITION TRACT AND BEING THE WEST LINE OF STANDRIDGE BOULEVARD (A CALLED 80' RIGHT-OF-WAY) THE FOLLOWING BEARINGS AND DISTANCES: S 020 05' 48" E, 55.77 TO A 1/2 INCH IRON ROD WITH CAP STAMPED "GEER 3258" FOUND AND THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 205.60 FEET, THROUGH A CENTRAL ANGLE OF 160 49' 44", HAVING A RADIUS OF 700.00 FEET, AND A LONG CHORD WHICH BEARS S 060 27' 08" W, 204.87 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "GEER 3258" FOUND; S 140 47' 37" W, 121.39 FEET TO A 1/2 INCH IRON ROD FOUND AND THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 205.59 FEET, THROUGH A CENTRAL ANGLE OF 160 49' 39", HAVING A RADIUS OF 700.00 FEET, AND A LONG CHORD WHICH BEARS S 060 28' 09" W. 204.85 FEET TO A 1/2 IRON ROD WITH CAP STAMPED "GEER 3258" FOUND; S 020 00' 44" E, 201.29 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "GEER 3258" FOUND AND THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 116.43 FEET, THROUGH A CENTRAL ANGLE OF 090 31' 48", HAVING A RADIUS OF 699.99 FEET, AND A LONG CHORD WHICH BEARS S 020 49' 59" W, 116.30 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "GEER 3258" FOUND; S 070 36' 10" W, 394.08 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "GEER 3258" FOUND AND THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 101.69 FEET, THROUGH A CENTRAL ANGLE OF 080 19' 23", HAVING A RADIUS OF 700.03 FEET, AND A LONG CHORD WHICH BEARS S 030 23' 47" W. 101.60 FEET TO A 1/2 INCH IRON ROD WITH CAP STAMPED "GEER 3258" FOUND; S 000 46' 53" E, 187.26 FEET TO THE NORTHEAST CORNER OF THE VILLAGES OF HURRICANE CREEK, PHASE 1 RECORDED IN INSTRUMENT NUMBER 2021012000126700 OF SAID O.P.R.C.C.T; THENCE FOLLOWING THE NORTH LINE OF SAID HURRICANE CREEK, PHASE 1 THE FOLLOWING BEARINGS AND DISTANCES: S 890 13' 07" W. 1,391.48 FEET; S 590 26' 33" W. 165.35 FEET; THENCE DEPARTING SAID NORTH LINE OF SAID HURRICANE CREEK, PHASE 1 OVER AND ACROSS SAID TRACT 2 THE FOLLOWING BEARINGS AND DISTANCES: N 000 46' 53" W, 38.33 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 111.87 FEET, THROUGH A CENTRAL ANGLE OF 120 49' 11", HAVING A RADIUS OF 500.00 FEET, AND A LONG CHORD WHICH BEARS N 050 37' 43" E, 111.64 FEET; N 120 02' 18" E. 192.23 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 748.78 FEET, THROUGH A CENTRAL ANGLE OF 580 46' 11". HAVING A RADIUS OF 730.00 FEET, AND A LONG CHORD WHICH BEARS N 170 20' 48" W, 716.38 FEET; N 460 43' 54" W, 32.41 FEET; N 460 18' 49" E. 276.60 FEET; N 320 16' 49" E, 500.47 FEET; THENCE N 890 04' 42" E, 1382.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,449,716 SQUARE FEET OR 56.238 ACRES MORE OR LESS. OWNER'S DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT CADG HURRICANE CREEK, LLC, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS VILLAGES OF HURRICANE CREEK - NORTH, PHASE 2, AN ADDITION TO COLLIN COUNTY, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, THE STREETS, ALLEYS AND PUBLIC USE AREAS SHOWN HEREON, AND DO HEREBY DEDICATE THE EASEMENTS SHOWN ON THE PLAT FOR THE PURPOSES AS INDICATED TO THE DISTRICTS EXCLUSIVE USE FOREVER, SAID DEDICATIONS BEING FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT AS SHOWN HEREIN. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS OF SAID PLAT. AT THE SOLE AND EXCLUSIVE DISCRETION OF THE DISTRICTS AND SUBJECT TO THEIR WRITTEN APPROVAL, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE THE SAME UNLESS THE EASEMENT LIMITS THE USE TO A PARTICULAR UTILITY OR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE DISTRICTS USE THEREOF. ANY PUBLIC UTILITY GIVEN THE RIGHT BY THE DISTRICTS TO USE SAID EASEMENTS SHALL HAVE HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON ANY OF THESE EASEMENTS. ANY PUBLIC UTILITY SHALL AT ALL TIMES HAVE THE RIGHTS OF INGRESS AND EGRESS TO AND FROM AND UPON ANY OF SAID EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEM WITHOUT THE NECESSITY AT ANY TIME PROCURING THE PERMISSION OF ANYONE. BY: CADG HURRICANE CREEK, LLC BY: ----------------------------- STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS __________ DAY OF 2021. ---------------------------------------------------- NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ---------------------------------------------------- PRINTED NAME MY COMMISSION EXPIRES: --------------------------- THAT I. CHARLES STEPHEN RAMSEY, DO HEREBY CERTIFY THAT I PREPARED THIS PLAT FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON AS "SET" WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION ORDINANCE OF THE CITY OF ANNA, TEXAS.. "Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document" 22 TAC 663.18C Charles Stephen Ramsey, RPLS 6718 _Date: _10/25/2021____________________ CHARLES STEPHEN RAMSEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6718 CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C1 12049'11" 500.00' 111.87' N05037'43"E 111.64' C2 58046'11" 730.00' 748.78' N17020'48"W 716.38' C3 16049'44" 700.00' 205.60' SO6027'08"W 204.87' C4 16049'39" 700.00' 205.59' SO6028'09"W 204.85' C5 9031'48" 699.99' 116.43' S02049'59"W 116.30' C6 8019'23" 700.03' 101.69' SO3023'47"W 101.60' C7 17001'19" 175.00' 51.99' NO6027'35"E 51.80' C8 16058'59" 1125.00' 333.46' NO6028'45"E 332.24' C9 9036'54" 575.00' 96.49' N02047'43"E 96.38' C10 16022'11" 396.77' 113.36' N82043'25"W 112.97' C11 56047'53" 150.00' 148.70' S60040'46"W 142.68' C12 22014'32" 390.00' 151.40' S43024'05"W 150.45' C13 7015'36" 300.00' 38.01' S87017'30"E 37.99' C14 41036'32" 225.00' 163.40' S70007'02"E 159.83' C15 46048'07" 250.00' 204.21' S25051'50"E 198.58' C16 33026'27" 400.00' 233.46' N73058'58"W 230.16' C17 8027'17" 575.00' 84.85' S36030'28"W 84.77' C18 31058'19" 575.00' 320.86' S16017'40"W 316.71' C19 11051'35" 875.22' 181.16' SO6006'27"W 180.84' C20 15009'37" 600.00' 158.76' S82006'41"E 158.30' CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD C21 17028'52" 1245.00' 379.85' S83016'18"E 378.38' C22 80023'32" 50.00' 70.16' N47047'30"E 64.54' C23 9036'28" 600.00' 100.61' N02047'30"E 100.49' C24 9036'28" 268.57' 45.04' N87012'30"W 44.98' C25 15025'55" 975.00' 262.60' N84017'47"W 261.81' C26 3011'53" 1000.00' 55.82' N11049'14"E 55.81' C27 80000'20" 10.50' 14.66' N32024'00"W 13.50' C28 20054'15" 50.00' 18.24' N02048'59"W 18.14' C29 21033'55" 50.00' 18.82' S81013'47"E 18.71' C30 80000'25" 10.50' 14.66' N27057'53"W 13.50' LINE TABLE NO. BEARING LENGTH L1 N82024'31"W 25.00' L2 N75009'23"W 24.03' L3 S54031'21"W 35.25' L4 S49018'46"E 49.95' L5 S77057'43"E 25.00' L6 N54019'09"E 32.47' L7 N82024'16"W 16.21' L8 N76034'50"W 13.69' L9 S80038'03"E 61.39' L10 S89017'48"W 60.46' LINE TABLE NO. BEARING LENGTH L11 N40027'07"E 75.06' L12 S21015'39"W 50.94' L13 N07048'14"E 64.25' L14 N89017'48"E 65.49' L15 N87059'16"E 71.96' L16 N06002'10"E 35.54' L17 N04024'41"W 14.79' EL18 N07035'22"E 35.53' L19 N02000'44"W 57.06' O Ln N O N O O 00 N N W � (0� o U U Z m 00 N � U cn Cq W O HO � �4 E, �D W O>�O O lil�c9WWa W O F �D r; WQ�LJ C I-�-I NOTES: 1. LOTS ENDING WITH AN "X" ARE NON-RESIDENTIAL LOTS. STATE OF TEXAS 2. ALL UTILITY EASEMENTS AND RIGHTS -OF -WAY SHOWN HEREON ARE HEREBY DEDICATED BY THIS PLAT COUNTY OF COLLIN FOR THE EXCLUSIVE USE OF COLLIN COUNTY AS SHOWN WITHIN THE LIMITS INDICATED HEREON, UNLESS OTHERWISE NOTED. BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED CHARLES STEPHEN RAMSEY, KNOWN TO BE THE PERSON WHOSE NAME IS 3. SIDEWALKS WILL BE PROVIDED PURSUANT TO THE CITY OF ANNA DEVELOPMENT STANDARDS. SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND N 4. SUBJECT TRACT IS LOCATED IN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL AS THE ACT AND DEED OF SAID COMPANY. Z CHANCE FLOODPLAIN) AND IN ZONE A (NO BASE FLOOD ELEVATIONS DETERMINED) ACCORDING TO O FEMA FIRM PANEL MAP NUMBER 48085CO155J EFFECTIVE DATE JUNE 6, 2009. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE ---- DAY OF ---------------, 2021. O _ O 5. THE BEARINGS SHOWN AND RECITED HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF U 1983 - NORTH CENTRAL ZONE NO. 4202 - NAD83. ALL DISTANCES ARE SURFACE DISTANCES WITH A o U_ 00 SURFACE TO GRID SCALE FACTOR OF 0.999874745355. ---------------------------------------------------- NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS J o co 6. SELLING A PORTION OF THIS PLAT BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND 0 O co Uj STATE LAW, AND IS SUBJECT TO FINES AND/OR WITHHOLDING OF UTILITIES AND BUILDING PERMITS. N CD ---------------------------------------------------- U) 7. BLOCKING THE FLOW OF WATER OR CONSTRUCTION IMPROVEMENTS IN DRAINAGE EASEMENTS AND PRINTED NAME 0 FILLINGS OR OBSTRUCTION OF THE FLOODWAY IS PROHIBITED. CO 0- O Z U co 8. THE EXISTING CREEKS OR DRAINAGE CHANNELS TRAVERSING ALONG OR ACROSS THIS ADDITION WILL MY COMMISSION EXPIRES: --------------------------- Q CO O REMAIN AS OPEN CHANNELS AND WILL BE MAINTAINED BY THE INDIVIDUALS OWNERS OF THE LOT OR x ~ LOTS THAT ARE TRAVERSED BY OR ADJACENT TO THE DRAINAGE COURSES ALONG OR ACROSS SAID J LOTS. o 9. COLLIN COUNTY WILL NOT BE RESPONSIBLE FOR THE MAINTENANCE AND OPERATION OF SAID ••••••••• DRAINAGE WAYS OR FOR THE CONTROL OF EROSION. •••••••• 10.COLLIN COUNTY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, PERSONAL INJURY OR LOSS OF LIFE ......... OR PROPERTY OCCASIONED BY FLOODING OR FLOODING CONDITIONS. 11.ALL PERIMETER PROPERTY CORNERS ARE 5/8 INCH IRON RODS WITH CAP STAMPED "PELOTON" SET, UNLESS NOTED OTHERWISE. 12.LOT CORNERS ARE 5/8 INCH IRON RODS WITH CAP STAMPED "PELOTON" SET OR AN "X" CUT SET IN CONCRETE, UNLESS OTHERWISE NOTED. WHEN A RETAINING WALL OR SCREENING FENCE HAS BEEN PLACED AT THE REAR LOT CORNER, A 5/8 INCH IRON ROD MAY BE SET FIVE FEET (51) FROM THE REAR LOT CORNER ALONG THE SIDE LOT LINE. 13.NO APPURTENANCE BETWEEN THE HEIGHT OF 2.5' AND 10' MAY BE PLACED IN THE VISIBILITY TRIANGLES. 14.ALL FENCE, DRAINAGE, AND RETAINING WALL MAINTENANCE EASEMENTS ARE THE RESPONSIBILITY OF THE HOA. APPROVED THIS DAY OF BY THE CITY COUNCIL OF ANNA, TEXAS. MAYOR CITY SECRETARY 2021 OWNER CADG HURRICANE CREEK, LLC 1800 VALLEY VIEW LANE SUITE 300 FARMERS BRANCH, TEXAS 75234 469-892-7200 A FINAL PLAT OF THE VILLAGES OF HURRICANE CREEK - PHASE 2 56.238 ACRES TOTAL 267 RESIDENTIAL LOTS, 6 COMMON AREA LOTS SITUATED IN THE J. BOYLE SURVEY, ABSTRACT NO. 105, & W.S. RATTAN SURVEY, ABSTRACT NO. 752; CITY OF ANNA, COLLIN COUNTY, TEXAS SHEET OF J SHEET PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL TABLE PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES BLOCK A, LOT 1 9707 0.22 BLOCK B, LOT 7 4400 0.10 BLOCK C, LOT 10 5567 0.13 BLOCK D, LOT 22 4683 0.11 BLOCK E, LOT 10 6222 0.14 BLOCK F, LOT 1 10765 0.25 BLOCK F, LOT 25 6119 0.14 BLOCK G, LOT 18 5964 0.14 BLOCK J, LOT 4 6129 0.14 BLOCK A, LOT 2 8655 0.20 BLOCK B, LOT 8 4400 0.10 BLOCK C, LOT 11 6125 0.14 BLOCK D, LOT 23 5721 0.13 BLOCK E, LOT 11 6232 0.14 BLOCK F, LOT 2 6956 0.16 BLOCK F, LOT 26 6689 0.15 BLOCK G, LOT 19 9009 0.21 BLOCK J, LOT 5 6091 0.14 BLOCK A, LOT 3 7785 0.18 BLOCK B, LOT 9 4400 0.10 BLOCK D, LOT 1 4393 0.10 BLOCK D, LOT 24 6385 0.15 BLOCK E, LOT 12 6243 0.14 BLOCK F, LOT 3 6209 0.14 BLOCK F, LOT 27 7569 0.17 BLOCK H, LOT 1 7543 0.17 BLOCK J, LOT 6 5940 0.14 BLOCK A, LOT 4 6788 0.16 BLOCK B, LOT 10 4400 0.10 BLOCK D, LOT 2 4400 0.10 BLOCK D, LOT 25 5986 0.14 BLOCK E, LOT 13 6254 0.14 BLOCK F, LOT 4 5804 0.13 BLOCK F, LOT 28 8751 0.20 BLOCK H, LOT 2 5950 0.14 BLOCK J, LOT 7 5940 0.14 BLOCK A, LOT 5 6092 0.14 BLOCK B, LOT 11 4400 0.10 BLOCK D, LOT 2X 2928 0.07 BLOCK D, LOT 26 5500 0.13 BLOCK E, LOT 14 6264 0.14 BLOCK F, LOT 5 5500 0.13 BLOCK F, LOT 29 8045 0.18 BLOCK H, LOT 3 5950 0.14 BLOCK J, LOT 8 5940 0.14 BLOCK A, LOT 6 5830 0.13 BLOCK B, LOT 12 4400 0.10 BLOCK D, LOT 3 4400 0.10 BLOCK D, LOT 27 5500 0.13 BLOCK E, LOT 15 6251 0.14 BLOCK F, LOT 5X 4189 0.10 BLOCK F, LOT 30 6779 0.16 BLOCK H, LOT 4 5950 0.14 BLOCK J, LOT 9 5940 0.14 BLOCK A, LOT 6X 1416 0.03 BLOCK B, LOT 13 4400 0.10 BLOCK D, LOT 3X 14598 0.34 BLOCK D, LOT 28 5500 0.13 BLOCK E, LOT 16 7069 0.16 BLOCK F, LOT 6 5500 0.13 BLOCK F, LOT 31 5897 0.14 BLOCK H, LOT 5 5950 0.14 BLOCK J, LOT 10 7501 0.17 BLOCK A, LOT 7 5830 0.13 BLOCK B, LOT 14 4400 0.10 BLOCK D, LOT 4 4400 0.10 BLOCK D, LOT 29 5500 0.13 BLOCK E, LOT 17 6713 0.15 BLOCK F, LOT 7 5500 0.13 BLOCK F, LOT 32 6710 0.15 BLOCK H, LOT 6 5950 0.14 BLOCK J, LOT 11 6891 0.16 BLOCK A, LOT 8 5830 0.13 BLOCK B, LOT 15 4400 0.10 BLOCK D, LOT 5 4400 0.10 BLOCK D, LOT 30 5500 0.13 BLOCK E, LOT 18 5980 0.14 BLOCK F, LOT 8 5500 0.13 BLOCK G, LOT 1 7216 0.17 BLOCK H, LOT 7 5950 0.14 BLOCK J, LOT 12 5500 0.13 BLOCK A, LOT 9 5830 0.13 BLOCK B, LOT 16 4400 0.10 BLOCK D, LOT 6 4400 0.10 BLOCK D, LOT 31 5500 0.13 BLOCK E, LOT 19 5980 0.14 BLOCK F, LOT 9 5500 0.13 BLOCK G, LOT 2 5743 0.13 BLOCK H, LOT 8 5950 0.14 BLOCK J, LOT 13 5500 0.13 BLOCK A, LOT 10 5830 0.13 BLOCK B, LOT 17 4400 0.10 BLOCK D, LOT 7 4400 0.10 BLOCK D, LOT 32 5500 0.13 BLOCK E, LOT 20 5980 0.14 BLOCK F, LOT 10 5500 0.13 BLOCK G, LOT 3 6363 0.15 BLOCK H, LOT 9 5950 0.14 BLOCK J, LOT 14 5500 0.13 BLOCK A, LOT 11 5830 0.13 BLOCK B, LOT 18 4400 0.10 BLOCK D, LOT 8 4400 0.10 BLOCK D, LOT 33 5500 0.13 BLOCK E, LOT 21 5980 0.14 BLOCK F, LOT 11 5500 0.13 BLOCK G, LOT 4 7106 0.16 BLOCK H, LOT 10 7063 0.16 BLOCK J, LOT 15 5500 0.13 BLOCK A, LOT 12 6364 0.15 BLOCK B, LOT 19 4760 0.11 BLOCK D, LOT 9 4400 0.10 BLOCK D, LOT 34 5500 0.13 BLOCK E, LOT 22 5980 0.14 BLOCK F, LOT 12 5679 0.13 BLOCK G, LOT 5 7218 0.17 BLOCK H, LOT 11 7040 0.16 BLOCK J, LOT 16 5648 0.13 BLOCK A, LOT 13 7866 0.18 BLOCK B, LOT 20 4982 0.11 BLOCK D, LOT 10 4400 0.10 BLOCK D, LOT 35 5500 0.13 BLOCK E, LOT 23 5980 0.14 BLOCK F, LOT 13 6855 0.16 BLOCK G, LOT 6 7110 0.16 BLOCK H, LOT 12 6153 0.14 BLOCK J, LOT 17 5700 0.13 BLOCK A, LOT 14 9297 0.21 BLOCK B, LOT 21 6289 0.14 BLOCK D, LOT 11 4400 0.10 BLOCK D, LOT 36 5500 0.13 BLOCK E, LOT 24 5980 0.14 BLOCK F, LOT 14 9273 0.21 BLOCK G, LOT 7 7118 0.16 BLOCK H, LOT 13 6216 0.14 BLOCK J, LOT 18 5729 0.13 BLOCK A, LOT 15 7416 0.17 BLOCK C, LOT 1 5749 0.13 BLOCK D, LOT 12 4400 0.10 BLOCK D, LOT 37 5500 0.13 BLOCK E, LOT 25 5980 0.14 BLOCK F, LOT 15 7491 0.17 BLOCK G, LOT 8 6890 0.16 BLOCK H, LOT 14 6279 0.14 BLOCK J, LOT 19 5732 0.13 BLOCK A, LOT 16 5529 0.13 BLOCK C, LOT 2 6074 0.14 BLOCK D, LOT 13 4400 0.10 BLOCK E, LOT 1 8266 0.19 BLOCK E, LOT 26 5980 0.14 BLOCK F, LOT 16 5882 0.14 BLOCK G, LOT 9 6204 0.14 BLOCK H, LOT 15 6342 0.15 BLOCK J, LOT 20 5733 0.13 BLOCK A, LOT 17 5500 0.13 BLOCK C, LOT 3 6216 0.14 BLOCK D, LOT 14 4400 0.10 BLOCK E, LOT 2 7249 0.17 BLOCK E, LOT 27 5980 0.14 BLOCK F, LOT 17 5997 0.14 BLOCK G, LOT 10 6473 0.15 BLOCK H, LOT 16 6405 0.15 BLOCK J, LOT 21 6362 0.15 BLOCK A, LOT 18 6050 0.14 BLOCK C, LOT 4 6386 0.15 BLOCK D, LOT 15 4400 0.10 BLOCK E, LOT 3 7144 0.16 BLOCK E, LOT 28 5980 0.14 BLOCK F, LOT 18 5848 0.13 BLOCK G, LOT 11 7369 0.17 BLOCK H, LOT 17 6736 0.15 BLOCK K, LOT 1 6551 0.15 BLOCK B, LOT 1 4950 0.11 BLOCK C, LOT 4X 17113 0.39 BLOCK D, LOT 16 4400 0.10 BLOCK E, LOT 4 6236 0.14 BLOCK E, LOT 29 5980 0.14 BLOCK F, LOT 19 5565 0.13 BLOCK G, LOT 12 6555 0.15 BLOCK H, LOT 18 6627 0.15 BLOCK K, LOT 1 X 349243 8.02 BLOCK B, LOT 2 4400 0.10 BLOCK C, LOT 5 6392 0.15 BLOCK D, LOT 17 4400 0.10 BLOCK E, LOT 5 6168 0.14 BLOCK E, LOT 30 5980 0.14 BLOCK F, LOT 20 5500 0.13 BLOCK G, LOT 13 6800 0.16 BLOCK H, LOT 19 6380 0.15 BLOCK K, LOT 2 5824 0.13 BLOCK B, LOT 3 4400 0.10 BLOCK C, LOT 6 6212 0.14 BLOCK D, LOT 18 4400 0.10 BLOCK E, LOT 6 6179 0.14 BLOCK E, LOT 31 6762 0.16 BLOCK F, LOT 21 5500 0.13 BLOCK G, LOT 14 7046 0.16 BLOCK H, LOT 20 7053 0.16 BLOCK K, LOT 3 5668 0.13 BLOCK B, LOT 4 4400 0.10 BLOCK C, LOT 7 6025 0.14 BLOCK D, LOT 19 4400 0.10 BLOCK E, LOT 7 6189 0.14 BLOCK E, LOT 32 7042 0.16 BLOCK F, LOT 22 5500 0.13 BLOCK G, LOT 15 6997 0.16 BLOCK J, LOT 1 6840 0.16 BLOCK K, LOT 4 5500 0.13 BLOCK B, LOT 5 4400 0.10 BLOCK C, LOT 8 5885 0.14 BLOCK D, LOT 20 4400 0.10 BLOCK E, LOT 8 6200 0.14 BLOCK E, LOT 33 7408 0.17 BLOCK F, LOT 23 5531 0.13 BLOCK G, LOT 16 6653 0.15 BLOCK J, LOT 2 6102 0.14 BLOCK K, LOT 5 5783 0.13 BLOCK B, LOT 6 4400 0.10 BLOCK C, LOT 9 5792 0.13 BLOCK D, LOT 21 4733 0.11 BLOCK E, LOT 9 6211 0.14 BLOCK E, LOT 34 7582 0.17 BLOCK F, LOT 24 5826 0.13 BLOCK G, LOT 17 6308 0.14 BLOCK J, LOT 3 6102 0.14 BLOCK K, LOT 6 8756 0.20 PARCEL TABLE PARCEL TABLE PARCEL SQ. FT. ACRES PARCEL SQ. FT. ACRES BLOCK K, LOT 7 8476 0.19 BLOCK K, LOT 32 5539 0.13 BLOCK K, LOT 8 6514 0.15 BLOCK K, LOT 33 5817 0.13 BLOCK K, LOT 9 6409 0.15 BLOCK K, LOT 34 5984 0.14 BLOCK K, LOT 10 6682 0.15 BLOCK K, LOT 35 5750 0.13 BLOCK K, LOT 11 6428 0.15 BLOCK K, LOT 36 6437 0.15 BLOCK K, LOT 12 5989 0.14 BLOCK K, LOT 37 6411 0.15 BLOCK K, LOT 13 5785 0.13 BLOCK K, LOT 38 6146 0.14 BLOCK K, LOT 14 5693 0.13 BLOCK K, LOT 39 6016 0.14 BLOCK K, LOT 15 5653 0.13 BLOCK K, LOT 40 5500 0.13 BLOCK K, LOT 16 5631 0.13 BLOCK K, LOT 41 5500 0.13 BLOCK K, LOT 17 5631 0.13 BLOCK K, LOT 42 5500 0.13 BLOCK K, LOT 18 5631 0.13 BLOCK K, LOT 43 5500 0.13 BLOCK K, LOT 19 5589 0.13 BLOCK K, LOT 44 5500 0.13 BLOCK K, LOT 20 5504 0.13 BLOCK K, LOT 45 5527 0.13 BLOCK K, LOT 21 5500 0.13 BLOCK K, LOT 46 6176 0.14 BLOCK K, LOT 22 5500 0.13 BLOCK K, LOT 47 5501 0.13 BLOCK K, LOT 23 5673 0.13 BLOCK K, LOT 48 5501 0.13 BLOCK K, LOT 24 5769 0.13 BLOCK K, LOT 49 5501 0.13 BLOCK K, LOT 25 5714 0.13 BLOCK K, LOT 50 5500 0.13 BLOCK K, LOT 26 5632 0.13 BLOCK K, LOT 51 5571 0.13 BLOCK K, LOT 27 5677 0.13 BLOCK K, LOT 52 5766 0.13 BLOCK K, LOT 28 5522 0.13 BLOCK K, LOT 53 5721 0.13 BLOCK K, LOT 29 5499 0.13 BLOCK K, LOT 54 6163 0.14 BLOCK K, LOT 30 5499 0.13 ROW 470022 10.79 BLOCK K, LOT 31 5499 0.13 A FINAL PLAT OF THE VILLAGES OF HURRICANE CREEK - PHASE 2 56.238 ACRES TOTAL OWNER 267 RESIDENTIAL LOTS, CADG HURRICANE CREEK, LLC 6 COMMON AREA LOTS 1800 VALLEY VIEW LANE SITUATED IN THE SUITE 300 J. BOYLE SURVEY, ABSTRACT NO. 105, FARMERS BRANCH, TEXAS 75234 & W.S. RATTAN SURVEY, ABSTRACT NO. 752; 469-892-7200 CITY OF ANNA, COLLIN COUNTY, TEXAS vi c 0 Ln a) O N 0000 N N W ( U (1-0)C) Z m m 0 0 M 0 cq W x O F�zw '4�a E. E -+ > w El Wz��z O W c9Wwa O Q� W Foc cyD � W WF<�o cqF Z N Z O O 0 D O LL00 J o ch O O wN Hcy) N Z)v J 01 W OM LL0 Q o' J CX o� 0 0 SHEET 3 OF J SHEET THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Vaquero DG Westminster Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Department store on one lot on 2.5± acres located at the southwest corner of State Highway 121 and Farm -to -Market Road 2862. Zoned: General Commercial (C-2). The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for the development of a department store. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Locator 2. RESOLUTION - (FP) VAQUERO DG WESTMINSTER ADDITION, BLOCK A, LOT 1 3. Exhibit A (STAMPED)- Final Plat APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 THE CITY OF « Anift &A�eProperty � � City � s Parcels EUT m, _! w_ CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VAQUERO DG WESTMINSTER ADDITION, BLOCK A, LOT 1, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and Article 9.04 ("Zoning Ordinance") of the Anna City Code of Ordinances; and WHEREAS, Westminster 121 Associates have submitted an application for the approval of the Vaquero DG Westminster Addition, Block A, Lot 1, Final Plat; WHEREAS, the Vaquero DG Westminster Addition, Block A, Lot 1, Final Plat generally conforms to the approved Vaquero DG Westminster Addition, Block A, Lot 1, Preliminary Plat; WHEREAS, the Vaquero DG Westminster Addition, Block A, Lot 1, Final Plat conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Vaquero DG Westminster Addition, Block A, Lot 1, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS Westminster 121 Associates, a California General Partnership, is the owner of that tract of land situated in the Samuel Craft Jr. Survey, Abstract Number 165, City of Anna, Collin County, Texas, being a portion of that certain tract of land described in the deed to Westminster 121 Associates, a California General Partnership, recorded in Volume 3235, Page 715, Deed Records, Collin County, Texas; the subject tract is more particularly described as follows: Beginning at a 5/8" capped rebar stamped "TXDOT ROW" found at the most northern southeast corner of a tract of land described as "Parcel 9" in the deed to the State of Texas recorded under Instrument Number 20190403000351130, Official Public Records, Collin County, Texas, from which the northeast corner of the said Westminster tract bears NORTH 35°30'34" WEST, a distance of 19.99 feet; THENCE with the perimeter and to the corners of the said Parcel 9, and through the interior of the Westminster tract, the following calls: 1. NORTH 65019' 18" EAST, a distance of 124.66 feet to a 5/8" capped rebar stamped "TXDOT ROW"; 2. NORTH 54020'30" EAST, a distance of 215.42 feet to a found 5/8" capped rebar stamped "TXDOT ROW"; 3. SOUTH 59032'19" EAST, a distance of 40.48 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the beginning of a non -tangent curve to the left (concave east), having a radius of 5,619.58 feet, and a chord that bears SOUTH 07032'38" WEST, a distance of 138.86 feet; 4. Southerly along said curve, an arc length of 138.87 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the end of the curve; 5. SOUTH 08015'06" WEST, a distance of 94.35 feet to a found 5/8" capped rebar stamped "TXDOT ROW"; 6. SOUTH 03003'25" WEST, a distance of 222.57 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set on the south line of the Westminster tract; THENCE with the perimeter and to the corners of the Westminster tract, the following bearing and distances: 1. NORTH 89033'28" WEST, a distance of 212.41 feet to a found 1/2 inch rebar with a damaged cap; 2. NORTH 48038'02" WEST, a distance of 148.44 feet to a found 1/2 inch rebar; 3. NORTH 47058'09" EAST, a distance of 151.11 feet to a set 1/2 inch capped rebar stamped "JPH Land Surveying"; THENCE NORTH 35030'34" WEST, continuing with the perimeter of the Westminster tract, a distance of 117.04 feet returning to the Point of Beginning and enclosing 2.453 acres (f106, 839 Square Feet). NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT Westminster 121 Associates, a California General Partnership, acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as Lot 1, Block A, Vaquero DG Westminster Addition, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public or private utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by private utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that they shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that they shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking. The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. Witness my hand this the ,20 By: Westminster 121 Associates, a California General Partnership By: Randers Company, Its Managing General Partner Todd Lockway, President of Westgold Financial STATE OF § COUNTY OF § day of Before me, the undersigned authority, on this day personally appeared Todd Lockway, President of Westgold Financial, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this , 20 Notary Public in and for County SURVEYOR'S CERTIFICATION day of I, Jewel Chadd, do hereby certify that this plat has been prepared from an actual and accurate field survey of the land under my personal supervision on May 26, 2021, and that all information shown is true and correct; and that all monuments shown thereon were properly placed under my personal supervision, in accordance with the subdivision regulations of the City of Anna, Texas. PRELIMINARY: THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. Jewel Chadd Registered Professional Land Surveyor No. 5754 jewel@jphls.com Date: TBD STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Jewel Chadd, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this _ day of ,20 Notary Public in and for Tarrant County 1/2" REBAR \ G 0 Ns o 4 0 / 5/8" REBAR "TXDOT ROW" A 03 C� o� �� G ti e� 0", o^ ` CRS 5� \ Gov"/Z / o 1/2" REBAR (LEANING) eg-o4 ,�o U - / k 0 I00 / N • II N fn O IL11 ✓ � M � � L7 5/8" REBAR "TXDOT ROW" \ I WATER ESMT P�1 (BY THIS PLAT) C6 �� I �P4 N35°30'34"W 1�65�`9`, o 19.99, / �� CRS R O� �• ��a�� l col �gPR 2R, ?off 9 l4y 0ti P.O.B. 59 9 .IxpSs �9�4 C3 155 G. �9 �• P� 3oti3 � � 0 ,442��� NIP. Glc �, �gdti�tyti5 ti��� 2y� �� L12 M I I / yl4 10' WATER ESMT ' CS Cl, / / (BY THIS PLAT) � ✓2 ;J !� I / ���✓� �o f�, L5 ,5 L6 Lq O TBM MNS $ J0 `� 0 C� 690.56'COD W (, 4_ LI aHoa: I ✓f 10' WATER ESMT N O (BY THIS PLAT) O n�' Uj 5 00 PORTION OF L17 L14 z WESTMINSTER 121 ASSOCIATES 5/8" REBAR "TXDOT ROW" N HYANG SUN KIM A CALIFORNIA GENERAL PARTNERSHIP Lib L15CC W INST.# 20080103000014930 VOL. 3235, PG. 715 O.P.RC.C.T. D.R.C.C.T. I W CT BOUNDARYVOL.3235, INE DESCRIBED D.R.C.C.T. . IN I H o O W f-+ ai Q A 24' F.L.U.E. w O (BY THIS PLAT HATCHED AREA) 00 o F d v Ci I 1►� � LOT 1, BLOCK A� �"' z a w Ate° 2.453 ACRES z o a I ±106,839 SQUARE FEET 0 10 � I �I N � N N 1/2" REBAR p I I \J M # �o I �✓ N I M N a ��b I 2% ILOT 1, BLOCK A VALVERDE ADDITION VOL. 2011, PG. 221 P.R.C.C.T. I I " I I GENERAL PLAT NOTES: 1. This property lies within ZONE(S) X of the Flood Insurance Rate Map for Collin County, Texas and Incorporated Areas, map no. 48085C0180J, dated 2009/06/02, via scaled map location and graphic plotting and/or the National Flood Hazard Layer (NFHL) Web Map Service (WMS) at http://hazards.fema.gov. 2. Site benchmark is a mag nail with a washer stamped "JPH BENCHMARK" set in a concrete driveway located on the south side of State Highway 121, being located approximately 42 feet southwest from the northwest corner of the surveyed property, and approximately 773 feet southwesterly from the centerline intersection of State Highway 121 and F.M. Highway 2862 (a.k.a. Houston Street). Benchmark Elevation = 690.56'. (North American Vertical Datum of 1988 1 Geoid 18) 3. Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. REBAR (CAP DAMAGED) "TRACT 2" BASIL K. SIDERIS AND ANTEOPE B. SIDERIS VOL. 4520, PG. 1910 D.R.C.C.T. N89033'28"W 212.41' CRS 5/8" RE I I OWNER: Westminster 121 Associates a California general partnership 79687 Country Club Drive Suite 201 Bermuda Dunes, California 92203 PREPARED BY: Jewel Chadd, R.P.L.S. JPH Land Surveying, Inc. 785 Lonesome Dove Trail Hurst, Texas 76054 Phone: (817) 431-4971 DEVELOPER: Vaquero DG Westminster Partners, LP 2900 Wingate Street Suite 200 Fort Worth, TX 76107 Phone: (512) 983-1793 I Line Data Table Line # Bearing Distance L1 N90°00'00"W 26.21' L2 N00°00'00"E 15.00' L3 N90°00'00"E 20.50' L4 N00°00'00"E 4.66' L5 N45°00'00"W 2.36' L6 N90000'00"W 11.24' L7 N80°39'30"W 3.04' L8 S54045'22"W 14.12' L9 N33°47'27"W 10.00' L10 N54045'22"E 17.97' L11 S80°39'30"E 11.72' L12 N90000'00"E 9.78' L13 S45000'00"E 9.61' L14 S08°15'06"W 3.47' L15 S03003'25"W 6.56' L16 N88°25'51"W 24.61' L17 S88025'51"E 19.76' L18 N31°29'37"W 49.11' L19 S58030'23"W 79.08' L20 S31°29'37"E 49.11' Curve Data Table Curve # Arc Radius Delta Chord Bearing Chord Cl 78.35' 54.00' 083007'53" N38030'31"W 71.66' C2 18.09' 30.00' 034°33'02" N14°13'06"W 17.82' C3 47.12' 30.00' 090100'00" N76°29'37"W 42.43' C4 84.82' 54.00' 090000'00" N76029'37"W 76.37' C5 47.12' 30.00' 090°00'00" S76°29'37"E 42.43' C6 84.82' 54.00' 090000'00" S76029'37"E 76.37' C7 32.56' 54.00' 034°33'02" S14°13'06"E 32.07' C8 40.61' 30.00' 1 077°34'07" S35043'38"E 37.58' Approved this _ day of , 20 , by the City Council of Anna, Texas Mayor, City of Anna City Secretary FINAL PLAT LOT I. BLOCK A VAQUERO DG WESTMINSTER ADDITION BEING A 2.453 ACRES TRACT SITUATED IN THE SAMUEL CRAFT JR. SURVEY, ABSTRACT NO. 165 CITY OF ANNA, COLLIN COUNTY, TEXAS PREPARED: OCTOBER 2021 THE CITY OF Anna Item No. 6.g. City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Vaquero DG Westminster Addition, Block A, Lot 1, Site Plan. (Director of Development Services Ross Altobelli) SUMMARY: Department store on one lot on 2.5± acres located at the southwest corner of State Highway 121 and Farm -to -Market Road 2862. Zoned: General Commercial (C-2). The purpose of the site plan is to show the proposed department store development and related site improvements. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Locator 2. RESOLUTION - (SP) Vaquero DG Westminster Addition, Block A, Lot 1 3. Exhibit A (STAMPED) - Site Plan APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 THE CITY OF « Anift &A�eProperty � � City � s Parcels EUT m, _! w_ CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF VAQUERO DG WESTMINSTER ADDITION, BLOCK A, LOT 1. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 ("Subdivision Regulation") and Article 9.04 ("Zoning Ordinance") of the Anna City Code of Ordinances; and WHEREAS, Westminster 121 Associates have submitted an application for the approval of the Vaquero DG Westminster Addition, Block A, Lot 1, Site Plan; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Vaquero DG Westminster Addition, Block A, Lot 1, Site Plan attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike z NOTE: NO APPURTENANCE BETWEEN THE HEIGHT OF 2.5' AND 10' MAY BE PLACED IN THE VISIBILITY TRIANGLES -11b_�\ �O EXISTIG UTILITIES TOP/RIM TO BE ADJUSTED PER /PROPOSED GRADES i \31 APPROXIMATE WATER LINE (VIA SCALED MAP LOCATION) I `N Oc&0 \ �A \ � I r \ I I NN A �P6 �'0 PQQ / c \ NN P� 5Q� PROP. 3' HIGH CHAIN LINK SS9° \ I FENCE SEE SHEET C-8.2 / • 3�19 I ✓ FOR DETAILS GRASS AREA \ Cb / N50 FIB OPTIC \ I GI -13 ,•Q �� QG�' ��OpQ.. 1� i I tiF �Py �v gO�G' / g,4 ° o�� O PROP 6' SIDEWALK `� _ I I � I`0ti I 6 STOP BAR 1 F MARKING (TYP.) / PAVEMENT WITH 00 / / N DUTY I Off' YELLOW STRIPING / QQ� ROP 18" RCP CULVERT WITH � 0 I oy P�o�� P� O�� 25 L.F. 4" WIDE TRAFFIC STRIPING. TYP. /TRAFFIC ARROW PROP 18" RCP CULVERT WITH 1z 6.1 SAFETY END TREATMENT cm 6:1 SAFETY END TREATMENT / PROPOSED 10' m I ; II N I WATER ESMT Io I " R30' I � " o \ IGHT-TURN h6 � `J) / / 6 F / , I I ; ROP 18" RCP CULVERT WITH I ONLY MARKER ,2�' c5 / �� ' I 6:1 SAFETY END TREATMENT "VIROP 5 / CURB CUT I � �4? N$ &M / \ / N\ -' 1ARIABLE HEIGHT BLOC K \� P�� RETAINING WALL. (PER MANUFACTURER) PROPOSED 20' TEMPORARY CONSTRUCTION ESMT (191) \ tu\o, / PROPOSED LIGHTE DOLLAR GENERAL MONUMENT SIGN w 170 L.F. OF VARIABLE HEIGHT RETAINING WALL. (TO BE DESIGNED BY STRUCTURAL ENGINEER / PER MANUFACTURER) PROPOSED 10' 'C %A/A-r= WATER ESMT / r-, I I IN V 1 1 V I r-, I L Y Y r-, . - LINE (VIA SCALED MAP PROPOSE LOCATION) HANDICAP SIGN (TYP) BOUNDARY LINE BROWN OUTDOOR ADVERTISING, LLC, DESCRIBED IN � VOL. 3235, PG. A TEXAS LIMITED LIABILITY COMPANY 711, D.R.C.C.T \ INST.# 20080103000014930 O O.P.R.C.C.T. O END RETAINING WALL. \ (TO BE DESIGNED BY 00 STRUCTURAL ENGINEER IN,O PROPOS \ O 3.5' SIDEWA NN ti \ °h� �0 5' MIN ADA CONCRE PAD W/MAX 2% SLO 00 IN EACH DIRECTI( BASS REA i ROP F.D.0 HMzsc o / ® / R54��\ �\ I 6' o v W v HEAVY DUTY �� `� I ROP FIRE o)� I o a 1 / CONCRETE �� YDRANT , ; �o cS PAVffM E N T ,' R30' \�� \ \ �\ I w Z o I R25' \� �� I \� I 1 v~i °' o Q ROP N ❑7 �� DOMESTIC Q WATER METER a ,R25'�� ` Efl R30' / 2� - ROP IRRIGATION I I r'p - F' m METER dC .o ------ ---- — I -�-- ROPOSED 16'X16' R54� � .(,� 6 ` \ (MIN) CONCRETE PAD FOR DELIVERY JACK & BORE 6" WATER LINE AND INSTALL AMP DOWN R25' STEEL ENCASEMENT PER TXDOT TO PAVEMENT \� AMP DOWN REQUIREMENTS. PROPOSED 10' R30' - - TO PAVEMENT (TXDOT UIR PERMIT REQUIRED PRIOR TO ❑7\ WATER ESMT w w ANY IMPROVMENTS WITHIN TXDOT ROW) DOLLAR PROP. GENERAL BOLLARDS (TYP) 10,640 S.F PROTOTYPE C ---- 'MIN ADA CONCRETE I w w w w- PAD W/MAX 2% SLOPE 24' IN EACH DIRECTION I F L U E ROP 5' CURB CUT 18'X18' (MIN.) CONCRETE PAD Io ~ © FOR DUMPSTER W/ WOODEN 1 � o d ci (140 X76) F.F.E=696.16 I �� R2.5' UJ = ENCLOSURE & WOODEN GATE ,r w 00 Q: `no 35 M ro C TO FIELD VERIFY a = � J to I EX UTILITIES IN �o / I 0 _*o THIS LOCATION O Q F-: Z (n0LU � MZ' i Qo� N dI iz OOF R25' oN 3N >>Z I zwU NC5 M U I U / > I GUYr QU 6" DIA PIPE BOLLARDS SEE DETAILS a I / Q R25' R30' I � ROP 30" RCP CULVERT WITH 6A SAFETY END TREATMENT R30' I R54' Q '' I LLJ> I ■ I FIBER OPTIrt 1 LOT 1, BLOCK A VALVERDE ADDITION PROPOSED U MASONRY VOL. 2011, PG. 221 ♦ SCREENING WALL P.R.C.C.T. PER CITY STD. I ' 6' PROPOSED VARIABLE 0 VALVERDE ENTERPRISES, LLC ♦ I VOL. 5345, PG. 2724 ♦ HEIGHT RETAINING WALL I D.R.C.C.T. WITH SAFETY HAND I I PER TXDOT STD I N89°33' 8"W 212.41' SAMUEL CRAFT JR. SURVEY 1 I ABSTRACT NO. 165 I I PORTION OF I---------------------------- I WESTMINSTER 121 ASSOCIATES — ------ ---------- --------�,---------- A CALIFORNIA GENERAL PARTNERSHI PROPOSED 20' o VOL. 3235, PG. 715 TEMPORARY D.R.C.C.T. "TRACT 2" CONSTRUCTION ESMT 2.453 ACRES I ±106,839 SQUARE FEET BASIL K. SIDERIS AND ANTEOPE B. SIDERIS I VOL. 4520, PG. 1910 D.R.C.C.T. I I ( CLEFT -TURN ONLY MARKER IGHT-TURN TOP BAR ONLY MARKER R30' MARKING (TYP.) ER F, 25 L.F. 4" WIDE TRAFFIC STRIPING. TYP. TRAFFIC ARROW "ROP 30" RCP CULVERT WITH 6:1 SAFETY END TREATMENT EXISTING LEGEND LEGEND OF SYMBOLS ❑A air conditioner — s — sanitary sewer pipe borehole SDMH Qstorm water manhole CATV O cable tv — ST — storm water pipe EM O electric meter TMH Qtelephone manhole - fence or handrail TFL O tank fill lid FDCVfire dept. connection TR ❑ telephone riser FH Mire hydrant o traffic signal pole —FIRE+ANEfire lane UMH ®unknown manhole . --.--o guard rail co o utility clean out ©grease trap uc=utility cabinet GPO bollard uv=utility vault GI ❑ grate inlet utility markings (line color GM n gas meter = color of markings) — GAS —gas line up O utility pole GUY) utility pole anchor uPiuG-4 utility pole with riser 1v 0 irrigation valve # utility sign — landscape or tree line �b water shutoff LEB ❑ landscape electric box wv A water valve LSL 0 landscape light Q water manhole LP O light pole wM ® water meter MB ❑ mailbox 0 well Mw 0 monitoring well — W — water line —ou—overhead utility lines _— =one -foot contour lines PE ® pool equipment tree trunk (with canopy) —road sign caliper inches at breast RD ❑ roof drain height .silt fence ornamental tree spot elevation (M) multiple trunks SSMH Qs sanitary sewer manhole Google 360 Hyperlink subject to interpretation, verification may be required. SITE LEGEND CONCRETE CURB SAW -CUT LINE FENCE FIRE LANE STRIPING PUBLIC SIDEWALK FIRE LANE HATCH PARKING SPACES MONUMENT/PYLON SIGN WHEEL STOPS HANDICAP LOGO HANDICAP SIGN RAMP CITY STANDARD RAMP BARRIER FREE RAMP BOLLARD TRAFFIC ARROW FIRE HYDRANT DUMPSTER SANITARY SEWER MANHOLE SANITARY SEWER CLEANOUT SANITARY SEWER DOUBLE CLEANOUT SANITARY SEWER SAMPLE PORT GREASE TRAP DOMESTIC WATER METER SITE DATA SUMMARY TABLE SITE ACREAGE: 2.453 ACRES (106,839 S.F.) ZONING: SF-E (SINGLE FAMILY RESIDENTIAL PROPOSEDZONING: COMMERCIAL PROPOSED USE: RETAIL STORE -DOLLAR GENERAL BUILDING AREA: 10,640 S.F. NUMBER OF STORIES: 1 BUILDING HEIGHT: 26'-11" BUILDING COVERAGE: 9.9 % FLOOR AREA RATIO: .09 NUMBER OF GUEST ROOMS: N/A IMPERVIOUS AREA: 41474 S.F. (38.82 %) PERVIOUS/LANDSCAPE AREA: 65365 S.F. (61.18 %) REGULAR PARKING REQUIRED: 4 SPACE PER 1,000 SF OF FLOOR AREA 43 SPACES REGULAR PARKING PROVIDED: 41 SPACES HANDICAP PARKING REQUIRED: 2 SPACES (1 VAN ACCESSIBLE) HANDICAP PARKING PROVIDED: 2 SPACES (1 VAN ACCESSIBLE) TOTAL PARKING PROVIDED: 43 SPACES 0 1 60 Scale: 1" = 30' Feet ALMA AVE O O �N Py �X SITE 424 �� 513 cc VICINITY MAP N.T.S. SITE GENERAL NOTES 1. ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH THE CITY OR LOCAL JURISDICTION STANDARDS. 2. THE LOCATION OF UNDERGROUND UTILITIES INDICATED ON THE PLANS IS TAKEN FROM AS-BUILTS, UTILITY PLANS OR SURVEY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAKE ARRANGEMENTS WITH THE OWNERS OF SUCH UNDERGROUND UTILITIES PRIOR TO WORKING IN THE AREA TO CONFIRM THEIR EXACT LOCATION AND TO DETERMINE WHETHER ANY ADDITIONAL UTILITIES OTHER THAN THOSE SHOWN ON THE PLANS MAY BE PRESENT. THE CONTRACTOR SHALL PRESERVE AND PROTECT ALL UNDERGROUND UTILITIES. IF EXISTING UNDERGROUND UTILITIES ARE DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE COST OF REPAIRING THE UTILITY. 3. WHERE EXISTING UTILITIES OR SERVICE LINES ARE CUT, BROKEN OR DAMAGED, THE CONTRACTOR SHALL REPLACE OR REPAIR THE UTILITIES OR SERVICE LINES WITH THE SAME TYPE OF ORIGINAL MATERIAL AND CONSTRUCTION, OR BETTER, UNLESS OTHERWISE SHOWN OR NOTED ON THE PLANS, AT HIS OWN COST AND EXPENSE. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER AT ONCE OF ANY CONFLICTS WITH UTILITIES. 4. ALL EXCAVATIONS, TRENCHING AND SHORING OPERATIONS SHALL COMPLY WITH THE REQUIREMENTS OF THE U. S. DEPARTMENT OF LABOR, OSHA, CONSTRUCTION SAFETY AND HEALTH REGULATIONS AND ANY AMENDMENTS THERETO. 5. THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY CONSTRUCTION TO ORIGINAL CONDITION OR BETTER. RESTORED AREAS INCLUDE, BUT ARE NOT LIMITED TO TRENCH BACKFILL, SIDE SLOPES, FENCES, DRAINAGE DITCHES, DRIVEWAYS, PRIVATE YARDS AND ROADWAYS. 6. ANY CHANGES NEEDED AFTER CONSTRUCTION PLANS HAVE BEEN RELEASED, SHALL BE APPROVED BY THE CITY ENGINEER. THESE CHANGES MUST BE RECEIVED IN WRITING. 7. THE CONTRACTOR SHALL PROVIDE "RED LINED" MARKED PRINTS TO THE ENGINEER PRIOR TO FINAL INSPECTION INDICATING ALL CONSTRUCTION WHICH DEVIATED FROM THE PLANS OR WAS CONSTRUCTED IN ADDITION TO THAT INDICATED ON THE PLANS. 8. ALL CURB RADIUS TO BE 10' OR 2' UNLESS OTHERWISE NOTED ON THE SITE PLAN. 9. ALL LAWNS FROM FACE OF THE BUILDING AND ON THE SIDE WHERE THERE IS PARKING OR A STREET ARE REQUIRED TO BE FULLY SODDED.ALL OTHER LANDSCAPE AREAS TO RECEIVE SEED. FLOOD PLAIN NOTE THIS PROPERTY LIES WITHIN ZONE (S) X OF THE FLOOD INSURANCE RATE MAP FOR COLLIN COUNTY, TEXAS AND INCORPORATED AREAS, MAP NO .48085C0180J, DATED 2009/06/02, VIA SCALED MAP LOCATION AND GRAPHIC PLOTTING AND/OR THE NATIONAL FLOOD HAZARD LAYER (NFHL) WEB MAP SERVICE (WMS) AT http://hazards.fema.gov. NO.1 DATE DESCRIPTION BY ����•�� OF `Tlt��� 11 1 08-18-21 1st CITY SUBMITTAL KIP 2 10-21-21 REVISED PER CITY COMMENTS KARTAVYA S. PATEL : ...... 00 9 7534 ..... .. Know what's below. ,IIIIFSS /CEVAS Vic— �- Call before you dig. 11`\ NA L ev 10/21 /2021 SITE PLAN VAQUERO DG WESTMINSTER ADDITION BLOCK A, LOT 1 2.453 ACRES SAMUEL CRAFT JR. SURVEY, ABS #165 CITY OF ANNA, COLLIN COUNTY T �ANGLE ENGINEERING LLC T: 469.331.8566 1 F: 469.213.7145 1 E: info@triangle-engr.com W: triangle-engr.com 1 O: 1784 McDermott Drive, Suite 110, Allen, TX 75013 Planning I Civil Engineering I Construction Management P.E. DES. DATE SCALE PROJECT NO. SHEET NO. KP AR 07-18-21 SCALEEBAR 090-21 C-3.0 TX. P.E. FIRM #11525 THE CITY OF Anna �IMM1 ►19=101 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Anna/121 Land Holdings Addition, Block A, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Vacant lot on 42.3± acres located at the southwest corner of State Highway 121 and County Road 526. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate lot and block boundaries, right-of-way, and easements necessary for future development. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Locator 2. RESOLUTION - (FP) Anna 121 Land Holdings Addition, Block A, Lot 1 3. Exhibit A (STAMPED) - Anna North 42 ACRES (6) (1) APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 W- . 9 ki—� 'A.90" CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA/121 LAND HOLDINGS ADDITION, BLOCK A, LOT 1, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Anna / 121 Land Holdings, LLC has submitted an application for the approval of the Anna/121 Land Holdings Addition, Block A, Lot 1, Final Plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Anna/121 Land Holdings Addition, Block A, Lot 1, Final Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike LOU GIGLIOTTI 1 DOC. NO. 20140703000688450 S 89°35'00" E LOU GIGLIOTTI O.P.R.C.C.T. DOC. NO. 20150512000550420 1 20.87' S 75°02'55" E O.P.R.C.C.T. VICTOR A. WOODLING, JR. S 0°25'50" E 1 325.79' DOC. NO. 20100108000023560 1.67' S 82°32'01" E VARIABLE WIDTH ROAD EASEMENT O.P.R.C.C.T. CLERKS o N 87°rjg'pg" E I 80.54' R.P.R.C.0 TE N0. 20150409000395530 N 83 29 08 E ITEM O 231.25' 164.88' N 82°0p13" \ 1/2" IRF S 60°23'24" E N 81008149" W 135.02 1/2" IRFC 65.90' 1/2" IRFC 1/z" IRFC S 44°35'31 " E S 70°23'33" E 54.16 1 VARIABLE WIDTH ROAD EASEMENT N 88°42'08" E 727.50' 1/2" IRFC 1/2" IRFC 69.55' N 6 031'51" E RPERCSC.TE NO. 20150409000395530 / L4 1/2" IRFC N 89 31-0� 5 14'- - - - - - - _ 44 - - _ _ _ ITEM O / WO _ S 88°46'51" W 185.45� � � 1/2" IRFC 8.65 71. 9 S 83 29'08_ 231. �N fig° S 55'10'54" E o n MAG NAIL FOUND MARK - -- _ _ 9L �'' - °2'ss'.w COUNTY ROAD NO. 526 N 60 4729 E S 88°42'08" W 729.08' - - ITH WASHER FOUN _ _S 89°31'08" W 390.12' _ _ _ - - - - - - - - - - - - - - - - N 82°32'01" W � 319.9 41.95 STAMPED "LTR" 1) RFC 3 - 74.50' p 86.68 4 VARIABLE WIDTH ROAD EASEMENT � \ S 83°43'26" E S 79°54'43" E 2 1/2" IRFC \ CLERKS FILE NO. 20150409000395530 S 82'00'13" W ' o o i ' \ R.P.R.C.C.T. N 6O°23'24" w \ 71.89 N gg 12 44" E 110.20 30' RIGHT-OF-WAY DEDICATION _ - - - - _ 1/2" IRFC N 89 3 462.80 _ _ -TX-DOT-- ITEM - - - O 133.15' 57.881/2" IRFC _ _ 2.420 ACRES 1/2" IRFC 342.95' � � � � MONUMENT 1/2" IR CBY THIS PLAT 1/2" IRFC 1/2" IRFC /oo S 89°36'01" W 455.08' _ I �NG- LBUILDING LINE Ayo BY THIS PLAT N 44°35'31" W _ RICKY FOX & ° 9 ANNA/121 LAND HOLDINGS LLC 47.27' _ - - 1/2"IRFC �- - - - _ - - - - - - rxno L6 -4 Ay. o \ , - - S 89°12'44" W 341.95' - - _ 2" IRF S 60°47'29" W MOFO ND � MONUMENT / TXDOT 1/2" IRF DOC. NO. 20160128000104440 N 79°54'4: W 80.22' TARA FOX � 1/2" IRFC IRFC / / \ FOUND VOLUME 67, PAGES 6NT 104.85' -_ i S 65°31'51" W S 70°05'21" W V DOC. NO. 2 O.P.R.C.C.T. 9001058470 \ O.P.R.C.C.T.. N 55'10'54" W 30' RIGHT-OF-WAY DEDICATION RPRCCT �1 o N � ITEM M 81.71' 107.70 / O.P.R.C.C.T. \ \ � - 52.36' 2.420 ACRES BY THIS PLAT N N 70°23'33" W 81 °08'49" W N 83°43'26" W / DOT _ LOT 1 BLOCK A 81.37' 69.88' 65.96' MOIMEtyY R=471.00 25' BUILDING LINE 25BY THIS NPLAT E / FOU TXDOT �25' BUILDING LINE BY THIS PLAT MONUMENT L=341.15 I BY THIS PLAT ANNA/121 LANDHOLDINGS ADDITION PARCEL 24E // / FOUND/ / CB=N20°50'38"W I INST. NO.2018071000085877 O.P.R.C.C.T. oN Q / OL3419359 1 1l/z"IRFC 1,840,573 SQ. FT OR 42.254 ACRES ����,C -105,409 SQ. FT. OR 2.420 ACRES ROW DEDICATION S 26° 2911 W N 15°02'23" E 1,735,164 SQ. FT. OR 39.834 NET s 48°17'16" W107.70 R=999.95 I 121.56' 25' BUILDING LINE TXDOT L=70.35 / 25' BUILDING LINE ' \/ MONUMENT / CB=NO° 19'21 "W 1 1/2" I FC I BY THIS PLAT BY THIS PLAT 135.69 / FOUND / LC=70.3390 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ; - - - - - - - - - - - / 1/z" IRS 2047.45' _ 826.39 / 0=40151 45.0a5.o -- -- -- -- -- S90°00'00"W 2873.84'-- -- -- -- -- -- -- -- -- / I I �R=995.95 I L=247.21 CB=N8°46'30"E LC=246.58 0=14'13'19" 1/2" IRFC •N CO / N z 1/2" IRFC R=1387.50 I I I I L=688.15 CB=S1 °38'57"W I LC=681.12 A=28°25'00" 1 1 1/2" IRS - - I I I I I AA°27'26" W +' N 12033'33" W 2.44' NOTICE OF LIS PENDENS CLERKS FILE NO. 20180710000858770 O.P.R.C.C.T. 211,359 SQ. FT. OR 4.85 ACRES �1 w W N_ 1/2" IRFC FIDENCIO SALAZAR JR. INST. NO. 20171027001434640 O.P.R.C.C.T. 0 75 150 300 Scale 1 " = 150' LEGEND ❑O GAS METER FIRE HYDRANT Q M GAS VALVE WATER METER O o TELEPHONE PEDESTAL Q FUEL PORT O POWER POLE x WATER VALVE O E-- DOWN GUY 0 TRANSFORMER PAD @ @ S.S. MAN HOLE O ELECTRIC METER 0 © CLEAN OUT @ STORM DRAIN MAN HOLE O laPPOOMMATE LOMMH / / / NOTICE OF LIS PENDENS / CLERKS FILE NO. 20180710000858770 / O.P.R.C.C.T. / / 211,359 SQ. FT. OR 4.85 ACRES / / REMAINDER OF �Q�° ANNA/121 LAND HOLDINGS, LLC'G�` !� ^�� DOC. NO. 20160128000104440 �°N\ // o O.P.R.C.C.T. A-) / M MMOD �N0,'� a Q a DRAINAGE EASEME �''A VOLUME 570, PAGE 460 / �J /ITEM 1/2" IRS l / CO P S 90000'00" W 2053.06' / / / C' REMAINDER OF1b ANNA/121 LAND HOLDINGS, LLC DOC. NO. 20160128000104440 O.P.R.C.C.T. / / "z/ / / / S 88°56'54" W 238.83' / S 88°56'54" W 1115.52' 1/2" IRFC CARLOS SERENOS DOC. NO. 20200601000803020 JESUS FRANCO O.P.R.C.C.T. DOC. NO. 20140401000305400 \ / / P • O • C O.P.R.C.C.T. LOCATION MAP NTS GENERAL NOTES: 1. The purpose of this plat is to subdivide one tract of land into multiple parcels. 2. Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. FINAL PLAT LOT 1, BLOCK A ANNA/121 LAND HOLDINGS ADDITION OF BEING A 42.254 ACRE TRACT AND A PORTION OF / THAT CERTAIN 200.10 ACRE TRACT DESCRIBED IN DOCUMENT NO. 20160128000104440 / / OFFICIAL RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS SITUATED IN JOHN CHAMBERS SURVEY ABSTRACT NO 233 MONITORING WELL SIGN TRAFFIC SIGNAL POLE LIGHT POLE TRAFFIC SIGNAL BOX -O- IRON PIPE FENCE SWB MAN HOLE -OHE- OVER HEAD ELECTRIC GAS MAN HOLE (D TREE VAULT TELEPHONE MANHOLE No. DATE 1. COPYRIGHT © SURVEY GROUP, LLC ALL RIGHTS RESERVED. NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR 2• TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS SURVEY WITHOUT THE ORIGINAL SIGNATURE ARE NOT VALID. 3. PARCEL LINE TABLE LINE # DIRECTION LENGTH L1 N47021'03"W 85.00' L2 N29°27'31 "W 5.72' L3 N28°41'27"E 30.00' L4 N35°43'33"W 30.97' L5 SO°18'47"E 40.91' L6 N88°29'41 "E 70.30' L7 S21 °01'23"E 35.34' AND SAMUEL CRAFT SURVEY, ABSTRACT NO. 165 CITY OF ANNA, COLLIN COUNTY, TEXAS JOB NO.: REVISION L - R SURVEYING.,LLC :6-134 -LOT 1, BLOCK A DATE: 1 TBPS No. 10194623 10/22/2021 SCALE: 1475 HERITAGE PARKWAY, STE 217 (817) 354-1445 1"=150' MANSFIELD, TEXAS 76063 surveygroup@att.net DRAWN BY: R.M. PAGE 1 OF 2 OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLLIN WHEREAS Anna/121 Land Holdings, LLC is the sole owner of a 42.254 acre tract of land situated in the John Chambers Survey, Abstract No. 233 and the Samuel Craft Survey, Abstract No. 165, in the City of Anna, Collin County, Texas, being a portion of that certain 124.13 acre tract of land conveyed to Anna/121 Land Holdings, LLC by deed as recorded in Document No. 20160128000104440, Official Public Records, Collin county, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for corner, said point being the southeast corner of said Anna/121 Land Holdings, LLC tract, same point being the northeast corner of that certain tract of land conveyed to Carlos Seranos by deed as recorded in Document No. 20200601000803020, Official Public Records, Collin County, Texas, said point being in the west right-of-way line of State Highway 121 (a variable width right-of-way), said point alos being the southeast corner of that certain tract of land conveyed to the State of Texas by Notice of Lis Pendens (Parcel 24 Part 2) as recorded in Instrument No. 20180710000858770, Official Public Records, Collin County, Texas; THENCE South 88 degrees 56 minutes 54 seconds West, continuing along the common line of said Anna/121 Land Holdings, LLC tract, and said Seranos tract, a distance of 238.83 feet to a 5/8 inch iron rod found for corner with cap stamped "Texas Department of Transportation ROW Monument", said point being in the southwest corner of said State of Texas (Parcel 24 Part 2); THENCE South 88 degrees 56 minutes 54 seconds West, along the common line of said Anna/121 Land Holdings, LLC tract, and said Seranos tract, a distance of 1115.52 feet to a 1/2 inch iron rod found for corner with cap stamped "Texas Department of Transportation ROW Monument", said point being the southwest corner of said Anna/121 Land Holdings, LLC tract, same point being in the north line of that certain tract of land conveyed to Fidencio Salazar, Jr. by deed as recorded in Document No. 20171027001434640, Official Public Records, Collin County, Texas, said point also being the southeast corner of that certain tract of land conveyed to the State of Texas by Notice of Lis Pendens (Parcel 24 Part 1) as recorded in Instrument No. 20180710000858770, Official Public Records, Collin County, Texas; THENCE North 12 degrees 34 minutes 14 seconds West, along the east line of said State of Texas (Parcel 24 Part 1), a distance 356.81 feet to a TxDOT Monument Found for corner, said point being the northeast corner of said State of Texas (Parcel 24 Part 1); THENCE South 77 degrees 27 minutes 26 seconds West, along the north line of said State of Texas (Parcel 24 Part 1), a distance 19.43 feet to a TxDOT Monument Found for corner, said point being the northwest corner of said State of Texas (Parcel 24 Part 1), same point being in the east line of Farm Road No. 2862; THENCE along the west line of said Anna/121 Land Holdings, LLC tract, and along the east right-of-way line of said Farm Road No. 2862 the following calls: North 12 degrees 33 minutes 33 seconds West, a distance 2.44 feet to a 1/2 inch iron rod found for corner, said point being the beginning of a curve to the right having a radius of 1387.50 feet, a delta angle of 28 degrees 25 minutes 00 seconds, and a chord bearing and distance of North 01 degrees 38 minutes 57 seconds East, 681.12 feet; Northeasterly along said curve to the right, an arc distance of 688.15 feet to a 1/2 inch iron rod found for corner; North 15 degrees 51 minutes 27 seconds East, a distance 288.20 feet to a 1/2 inch iron rod found for corner, said point being the beginning of a curve to the left having a radius of 999.95 feet, a delta angle of 14 degrees 13 minutes 19 seconds, and a chord bearing and distance of North 08 degrees 46 minutes 30 seconds East, 246.58 feet; Northeasterly along said curve to the left, an arc distance of 247.21 feet to a 1/2 inch iron rod set for corner, said point being the northwest corner of said 42.254 acre tract of land being described, said point being the POINT of BEGINNING, ame point being the southwest corner of said 42.254 acre tract of land being described, said point also being the beginning of a curve to the left having a radius of 999.95 feet, a delta angle of 04 degrees 01 minutes 51 seconds, and a chord bearing and distance of North 04 degrees 01 minutes 51 seconds East, 70.33 feet; Northeasterly along said curve to the left, an arc distance of 70.35 feet to a 1/2 inch iron rod found for corner; North 15 degrees 02 minutes 23 seconds East, a distance 121.56 feet to a 1/2 inch iron rod found for corner, said point being the beginning of a curve to the left having a radius of 471.00 feet, a delta angle of 41 degrees 29 minutes 59 seconds, and a chord bearing and distance of North 20 degrees 50 minutes 38 seconds West, 333.74 feet; Northwesterly along said curve to the left, an arc distance of 341.15 feet to a 1/2 inch iron rod found for corner; North 47 degrees 21 minutes 03 seconds West, a distance 85.00 feet to a 1/2 inch iron rod found for corner; North 29 degrees 27 minutes 31 seconds West, a distance 5.72 feet to a 1/2 inch iron rod found for corner; North 28 degrees 41 minutes 27 seconds East, a distance 30.00 feet to a 1/2 inch iron rod found for corner; North 35 degrees 43 minutes 33 seconds West, a distance 30.97 feet to a 1/2 inch iron rod found for corner, said point being in the approximate centerline of County Road No. 526, same point being the northwest corner of said Anna/121 Land Holdings, LLC tract, said point being the southwest corner of that certain tract of land conveyed to Lou Gigliotti by deed as recorded in Document No. 20140703000688450, Official Public Records, Collin County, Texas; THENCE North 89 degrees 31 minutes 08 seconds East, along the common line of said Anna/121 Land Holdings, LLC tract and said Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 405.14 feet to a 1/2 inch iron rod found for corner; THENCE North 88 degrees 42 minutes 08 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 727.50 feet to a 1/2 inch iron rod found for corner; THENCE North 83 degrees 29 minutes 08 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 231.25 feet to a 1/2 inch iron rod found for corner; THENCE North 87 degrees 58 minutes 08 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 164.88 feet to a 1/2 inch iron rod found for corner, said point being the southeast corner of said Gigliotti tract, same point being in the west line of that certain 75.957 acre tract of land conveyed to Lou Gigliotti by deed as recorded in Document No. 20150512000550420, Official Public Records, Collin County, Texas; THENCE South 00 degrees 25 minutes 50 seconds East, along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 1.67 feet to a 1/2 inch iron rod found for corner; THENCE South 89 degrees 35 minutes 00 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 20.87 feet to a 1/2 inch iron rod found for corner; THENCE North 82 degrees 00 minutes 13 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 135.02 feet to a 1/2 inch iron rod found for corner; THENCE South 82 degrees 32 minutes 01 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 80.54 feet to a 1/2 inch iron rod found for corner; ❑o GAS METER 2� KG GAS VALVE o TELEPHONE PEDESTAL Q POWER POLE X E-- DOWN GUY 0 @ S.S. MAN HOLE O © CLEAN OUT @ LEGEND FIRE HYDRANT Q WATER METER O FUEL PORT O WATER VALVE O TRANSFORMER PAD ELECTRIC METER ❑v STORM DRAIN MAN HOLE O MONITORING WELL TRAFFIC SIGNAL POLE TRAFFIC SIGNAL BOX SWB MAN HOLE GAS MAN HOLE VAULT TELEPHONE MANHOLE r_1 SIGN LIGHT POLE -O- IRON PIPE FENCE -OHE- OVER HEAD ELECTRIC TREE THENCE South 75 degrees 02 minutes 55 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 325.79 feet to a 1/2 inch iron rod found for corner; THENCE South 60 degrees 23 minutes 24 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 65.90 feet to a 1/2 inch iron rod found for corner; THENCE South 44 degrees 35 minutes 31 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 48.65 feet to a 1/2 inch iron rod found for corner; THENCE South 55 degrees 10 minutes 54 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 41.95 feet to a 1/2 inch iron rod found for corner; THENCE South 83 degrees 43 minutes 26 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 71.89 feet to a 1/2 inch iron rod found for corner; THENCE North 89 degrees 12 minutes 44 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 342.95 feet to a 1/2 inch iron rod found for corner; THENCE South 79 degrees 54 minutes 43 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 110.20 feet to a 1/2 inch iron rod found for corner; THENCE South 70 degrees 23 minutes 33 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 69.55 feet to a 1/2 inch iron rod found for corner; THENCE South 81 degrees 08 minutes 49 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 54.16 feet to a 1/2 inch iron rod found for corner; THENCE North 65 degrees 31 minutes 51 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 71.49 feet to a 1/2 inch iron rod found for corner; THENCE North 60 degrees 47 minutes 29 seconds East, continuing along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Gigliotti tract, same being the approximate centerline of said County Road No. 526, a distance 86.68 feet to a 1/2 inch iron rod found for corner, said point being the southeast corner of said 75.957 acre Gigliotti tract, same point being the southwest corner of that certain tract of land conveyed to Victor A. Woodling, Jr. by deed as recorded in Document No. 20100108000023560, Official Public Records, Collin CVounty, Texas; THENCE North 89 degrees 36 minutes 01 seconds East, along the common line of said Anna/121 Land Holdings, LLC tract and said 75.957 acre Woodling tract, same being the approximate centerline of said County Road No. 526, a distance 462.80 feet to a Mag Nail with washer found for corner stamped "LTR", said point being the northwest corner of said State of Texas (Parcel 24 Part 2), same being the northeast corner of said Anna/121 Land Holdings, LLC tract, said point also being in the north line of said State Highway 121; THENCE along the east line of said Anna/121 Land Holdings, LLC tract, and along the new west right-of-way line of said State Highway 121 the following calls: South 00 degrees 18 minutes 47 seconds East, a distance 40.91 feet to a TxDot Monument found for corner; South 88 degrees 29 minutes 41 seconds West, a distance 70.30 feet to a TxDot Monument found for corner; South 21 degrees 01 minutes 23 seconds East, a distance 35.34 feet to a TxDot Monument found for corner; South 48 degrees 17 minutes 16 seconds West, a distance 184.40 feet to a TxDot Monument found for corner; South 70 degrees 05 minutes 21 seconds West, a distance 107.70 feet to a TxDot Monument found for corner; South 48 degrees 17 minutes 16 seconds West, a distance 150.00 feet to a TxDot Monument found for corner; South 26 degrees 29 minutes 11 seconds West, a distance 107.70 feet to a TxDot Monument found for corner; THENCE South 48 degrees 17 minutes 16 seconds West, along the east line of said Anna/121 Land Holdings, LLC tract, and along the new west right-of-way line of said State Highway 121, a distance 135.69 feet to a 1/2 inch iron rod set for corner, said point being the southeast corner of said 42.254 acre tract of land being described; South 90 degrees 00 minutes 00 seconds West, departing the new west line of said right-of-way line of said State Highway 121, a distance 2873.84 feet to the POINT OF BEGINNING and containing 1,840,573 square feet or 42.254 acres of computed land. CERTIFICATE OF APPROVAL APPROVED on this Mayor City Secretary day of 20_, by the City Council, City of Anna, Texas. REVISION STATE OF TEXAS COLLIN COUNTY OWNER'S DEDICATION KNOW ALL MEN BY THESE PRESENTS: THAT ANNA/121 LAND HOLDINGS, LLC, BY AND THROUGH THE UNDERSIGNED AUTHORITY, DOES HEREBY ADOPT THIS FINAL PLAT DESIGNATING THE DESCRIBED PROPERTY AS LOT 1, BLOCK A, ANNA/121 LAND HOLDINGS ADDITION, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER THE STREET AND ALLEYS THEREON; AND DOES HEREBY DEDICATE THE EASEMENT STRIPS SHOWN ON PLAT FOR MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE, OR USING SAME. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENT STRIPS ON SAID PLAT. ANY PUBLIC UTILITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS, OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON ANY OF THESE EASEMENT STRIPS, AND ANY PUBLIC UTILITY SHALL AT ALL TIMES HAVE THE RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON ANY OF SAID EASEMENT STRIPS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEM WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE PERMISSION OF ANYONE. THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE CITY OF ANNA, TEXAS. WITNESS MY HAND, THIS THE DAY OF , 2021 ANNA/121 LAND HOLDINGS OWNER STATE OF TEXAS Before me, the undersigned authority, a Notary Public in and for the State of Texas on this day personally appeared Owner of ANNA/121 LAND HOLDINGS known to me to be the person whose name is subscribed to the foregoing instrument and ackowledged to me that he executed the same in the capacity indicated, and for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,2021. Notary Public in and for The State of Texas My Commission Expires SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT I, Larry Turman, do hereby certify that I prepared this Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision, in accordance with the subdivision regulations of the City of Princeton, Texas. Larry Turman Registered Professional Land Surveyor No. 1740 STATE OF TEXAS Before me, the undersigned authority, a Notary Public in and for the State of Texas on this day personally appeared Larry Turman, known to me to be the person whose name is subscribed to the foregoing instrument and ackowledged to me that he executed the same in the capacity indicated, and for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,2021. Notary Public in and for The State of Texas My Commission Expires k[011111*4 1. IRF - Iron Rod Found 2. IRS - Iron Rod Set 3. C.M. - Controlling Monument 4. Basis of Bearing - Bearings based on the Texas Coordinate System of the North American Datum of 1983 (2011), North Central Zone 4202 from GPS observations using the RTK Cooperative Network. FLOOD CERTIFICATE As determined by the FLOOD INSURANCE RATE MAPS for Collin County, Texas, the subject property is located in Zone "X" and Does Not lie within a Special Flood Hazard Area (100 Year Flood), Community Panel No. 48085C180J, dated June 2, 2009. If this site is not within an identified flood hazard area, this Flood Statement does not imply that the property and/or structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Flood Statement shall not create liability on the part of the Surveyor. FINAL PLAT LOT 1, BLOCK A ANNA/121 LAND HOLDINGS ADDITION OF BEING A 42.254 ACRE TRACT AND A PORTION OF THAT CERTAIN 200.10 ACRE TRACT DESCRIBED IN DOCUMENT NO. 20160128000104440 OFFICIAL RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS SITUATED IN JOHN CHAMBERS SURVEY, ABSTRACT NO 233 AND SAMUEL CRAFT SURVEY, ABSTRACT NO. 165 CITY OF ANNA, COLLIN COUNTY, TEXAS JOB NO.: L - R SURVEYING LLC 16-134 -LOT 1, BLOCK A TBPS No. 10194623 1475 HERITAGE PARKWAY, STE 217 MANSFIELD, TEXAS 76063 DATE: SCALE: (817) 354-1445 surveygroup@att.net DRAWN BY: 10/22/2021 1"=150' R.M. PAGE 2OF2 THE CITY OF Anna I I M am 0159=0111 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Anna/121 Land Holdings Addition, Block B, Lot 1, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Vacant lot on 25.0± acres located on the west side of State Highway 121, 765± feet south of County Road 526. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Locator 2. RESOLUTION - (FP) Anna 121 Land Holdings Addition, Block B, Lot 1 3. Exhibit A (STAMPED) - Anna 121 Land Holdings Addition, Block B, Lot 1 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 M �- WJE1 ECITY OF « Subject Pror& City Limits Parcels _.ErETJ CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA/121 LAND HOLDINGS ADDITION, BLOCK B, LOT 1, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Anna / 121 Land Holdings, LLC has submitted an application for the approval of the Anna/121 Land Holdings Addition, Block B, Lot 1, Final Plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Anna/121 Land Holdings Addition, Block B, Lot 1, Final Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 1/2' RFC 1 /2" 1 RICKY FOX & TARA FOX DOC. NO. 20130729001058470 O.P.R.C.C.T. R=1387.50 L=688.15 CB=N1°38'57"E LC=681.12 A=28°25'00" 1/2" IRF� _ - �_ WOOD ;ZVF� . FOUND R=995.95 L=247.21 CB=N8°46'30"E� LC=246.58 A=14°13'19" N 15051'27" E 169.38' N 12033'33" W 2.44' v2" I 5/8" IRFC STAMPE "TEXAS DEPARTME T OF TRANSPORTATIO ROW MONUMENT" 1/2" IRS iWMI 17y LOU GIGLIOTTI DOC. NO. 20140703000688450 O.P.R.C.C.T. 1/2" IRFC 1/2" IRFC X—� X� X X \ X X— X— X— X— X X— X- X X - X —X - �/2'' aFCf �- UZ I� k \ X \ X X )(� - 1/2" IRFC �\ X X X - - X - - - X—t/2"TRFC %, -1�2, VARIABLE WIDTH ROAD EASEMENT CLERKS FILE NO. 20150409000395530 1/2"N R. P.R.C.C.T. ITEM O \ DRAINAGE EASEMENT VOLUME 567, PAGE 526 \/ \ R.P.R.C.C.T. ITEM M 1 1/2" IRFC REMAINDER OF ANNA/121 LAND HOLDINGS, LLC DOC. NO. 20160128000104440 O.P.R.C.C.T. o 1/2" IRS N 90000'00" E 2873.84' i LOU GIGLIOTTI DOC. NO. 20150512000550420 O.P.R.C.C.T. VARIABLE WIDTH ROAD EASEMENT CLERKS FILE NO. 20150409000395530 R.P.R.C.C.T. ITEM O COUNTY ROAD NO. 526 x —x 1/2" IFC — — — X 1/2" IR�S �X X1/2"7RF�� \ - 1/2" IRF� - - 1/2" IRFC " I C , PARCEL2 INST. NO. 2018071 O.P.R.C.0 LBUILDING LINE PORTION OF LBUILDING LINE ' BY THIS PLAT ANNA/121 LAND HOLDINGS, LLC BY THIS PLAT LOT 1, BLOCK B i� ANNA/121 LANDHOLDINGS ADDITION DOC. NO. 20160128000104440 25 BUILDING LINE / 25' BUILDING LINE BYTHISPLAT O.P.R.C.C.T. BY THIS PLAT /1/2" IRFC o�� / i 1, 089, 043 SQ. FT / / / 5,� / 25' BUILDING LINE OR 25.001 ACRES 25BUILDING LINE P.O.B. BY THIS PLAT BY THIS PLAT C3 115 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — A — — — _ 5 `0 _ 1/2" IRS / S 90000'00" W 2501.55' G� / N 15051'27" E J / 118.82' / / / O � REMAINDEROF NOTICE OF LIS PENDENS CLERKS FILE NO. 20180710000858770 / Q ANNA/121 LAND HOLDINGS, LLC O.P.R.C.C.T. �N Q DOC. NO. 20160128000104440 211,359.85 114.85AC E OR .85 ACRES 00 O.P.R.C.C.T. CO 1/2" IRS OX S 90000'00" W 2053.06' lDRAINAGE EASEMENT / (� VOLUME 570, PAGE 460 Q l U N E ITEM G .T. o 67IRnn ��C7 / 5J ) N� S 77027'26" W / p`b 19.34' REMAINDER OF J�/ G� /��� b 5/8" IRFC STAMPED ANNA/121 LAND HOLDINGS, LLC // OFTRAEXAS ISPORTMENT DOC. NO. 20160128000104440 / OF TRANSPORTATION / ROW MONUMENT" 1 NOTICE OF LIS PENDENS O.P.R.C.C.T. / 1 CLERKS FILE NO. 20180710000858770 / O.P.R.C.C.T. / VICTOR A. WOODLING, JR. DOC. NO. 20100108000023560 O.P.R.C.C.T. VARIABLE WIDTH ROAD EASEMENT CLERKS FILE NO. 20150409000395530 / R. P.R.C.C.T. ITEM O / X X X X X__—X —X- / GENERAL NOTES: 0 75 150 Scale 1" = 150' LOCATION MAP NTS 1. The purpose of this plat is to subdivide one tract of land into multiple parcels. 2. Notice: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. 1 1 211,359 SQ. FT. OR 4.85 ACRES / 1 1 S 88056'54" W / N 12-34-14" W 238.83' / 358.32' / 1 ` 5/8" IRFC STAMPED 1 5/8" IRFC STAMPED "TEXAS DEPARTMENT / "TEXAS DEPARTMENT TRANSPORTATION OF�TRANSPORTATIONOF W MONUMENT" FINAL PLAT FIDENCIO SALAZAR JR. 1/2" RFC ROW MONUMENT" - _ _ _ - S 88°56'54" W 1115.52' - - - - - - CARLOS SERENOS 1/2" IRFC LOT 1, BLOCK B INST. NO. 20171027001434640 DOC. NO. 20200601000803020 ANNA/121 LAND HOLDINGS ADDITION O.P.R.C.C.T. JESUS FRANCO O.P.R.C.C.T. OF DOC. NO. 20140401000305400 O.P.R.C.C.T. BEING A 25.001 ACRE TRACT 1 AND A PORTION OF / THAT CERTAIN 200.10 ACRE TRACT DESCRIBED IN DOCUMENT NO. 20160128000104440 / OFFICIAL RECORDS, COLLIN COUNTY, TEXAS / OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS SITUATED IN JOHN CHAMBERS SURVEY, ABSTRACT NO 233 AND SAMUEL CRAFT SURVEY, ABSTRACT NO. 165 CITY OF ANNA, COLLIN COUNTY, TEXAS LEGEND JOB NO.: L - R SURVEYING., LLC 1 -LOT 1, BLOCK B No. DATE REVISION ❑O GAS METER FIRE HYDRANT 0 MONITORING WELL r-1 SIGN :6-134 DATE: TBPS No. 10194623 M GAS VALVE WATER METER O TRAFFIC SIGNAL POLE LIGHT POLE 1. 10/22/2021 o TELEPHONE PEDESTAL Q FUEL PORT O TRAFFIC SIGNAL BOX -O- IRON PIPE FENCE SCALE: 0 POWER POLE x WATER VALVE O SWB MAN HOLE -OHE- OVER HEAD ELECTRIC 2. 1"=150' E-- DOWN GUY 0 TRANSFORMER PAD O GAS MAN HOLE (D TREE 1475 HERITAGE PARKWAY, STE 217 (817) 354-1445 QS S.S. MAN HOLE O ELECTRIC METER 0 O VAULT TELEPHONE MANHOLE MANSFIELD, TEXAS 76063 surveygroup@att.net DRAWN BY: © CLEAN OUT @D STORM DRAIN MAN HOLE 3 R.M. 300 PAGE 1 OF 2 STATE OF TEXAS COUNTY OF Collin WHEREAS Anna/121 Land Holdings, LLC is the sole owner of a 25.001 acre tract of land situated in the John Chambers Survey, Abstract No. 233 and the Samuel Craft Survey, Abstract No. 165, in the City of Anna, Collin County, Texas, being a portion of that certain 124.13 acre tract of land conveyed to Anna/121 Land Holdings, LLC by deed as recorded in Document No. 20160128000104440, Official Public Records, Collin county, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for corner, said point being the southeast corner of said Anna/121 Land Holdings, LLC tract, same point being the northeast corner of that certain tract of land conveyed to Carlos Seranos by deed as recorded in Document No. 20200601000803020, Official Public Records, Collin County, Texas, said point being in the west right-of-way line of State Highway 121 (a variable width right-of-way), said point alos being the southeast corner of that certain tract of land conveyed to the State of Texas by Notice of Lis Pendens (Parcel 24 Part 2) as recorded in Instrument No. 20180710000858770, Official Public Records, Collin County, Texas; THENCE South 88 degrees 56 minutes 54 seconds West, continuing along the common line of said Anna/121 Land Holdings, LLC tract, and said Seranos tract, a distance of 238.83 feet to a 5/8 inch iron rod found for corner with cap stamped "Texas Department of Transportation ROW Monument", said point being in the southwest corner of said State of Texas (Parcel 24 Part 2); THENCE South 88 degrees 56 minutes 54 seconds West, along the common line of said Anna/121 Land Holdings, LLC tract, and said Seranos tract, a distance of 1115.52 feet to a 5/8 inch iron rod found for corner with cap stamped "Texas Department of Transportation ROW Monument", said point being the southwest corner of said Anna/121 Land Holdings, LLC tract, same point being in the north line of that certain tract of land conveyed to Fidencio Salazar, Jr. by deed as recorded in Document No. 20171027001434640, Official Public Records, Collin County, Texas, said point also being the southeast corner of that certain tract of land conveyed to the State of Texas by Notice of Lis Pendens (Parcel 24 Part 1) as recorded in Instrument No. 20180710000858770, Official Public Records, Collin County, Texas; THENCE North 12 degrees 34 minutes 14 seconds West, along the east line of said State of Texas (Parcel 24 Part 1), a distance 358.32 feet to a 5/8 inch iron rod found for corner with cap stamped "Texas Department of Transportation ROW Monument", said point being the northeast corner of said State of Texas (Parcel 24 Part 1); THENCE South 77 degrees 27 minutes 26 seconds West, along the north line of said State of Texas (Parcel 24 Part 1), a distance 19.34 feet to a 5/8 inch iron rod found for corner with cap stamped "Texas Department of Transportation ROW Monument", said point being the northwest corner of said State of Texas (Parcel 24 Part 1), same point being in the east line of Farm Road No. 2862; THENCE along the west line of said Anna/121 Land Holdings, LLC tract, and along the east right-of-way line of said Farm Road No. 2862 the following calls: North 12 degrees 33 minutes 33 seconds West, a distance 2.44 feet to a 1/2 inch iron rod found for corner, said point being the beginning of a curve to the right having a radius of 1387.50 feet, a delta angle of 28 degrees 25 minutes 00 seconds, and a chord bearing and distance of North 05 degrees 54 minutes 46 seconds East, 681.12 feet; Northeasterly along said curve to the right, an arc distance of 688.15 feet to a 1/2 inch iron rod found for corner; North 15 degrees 51 minutes 27 seconds East, a distance 118.82 feet to a 1/2 inch iron rod found for corner, said point being the southwest corner of said 25.001 acre tract of land being described, same point being the POINT of BEGINNING; North 15 degrees 51 minutes 27 seconds East, a distance 169.38 feet to a 1/2 inch iron rod found for corner, said point being the beginning of a curve to the left having a radius of 1387.50 feet, a delta angle of 14 degrees 13 minutes 19 seconds, and a chord bearing and distance of North 08 degrees 46 minutes 30 seconds East, 246.58 feet; Northeasterly along said curve to the left, an arc distance of 247.21 feet to a 1/2 inch iron rod set for corner, said point being the northwest corner of said 25.001 acre tract of land being described; THENCE North 90 degrees 00 minutes 00 seconds East, departing the east right-of-way line of said Farm Road No. 2862 and through interior of said Anna/121 Land Holdings, LLC tract, a distance 2873.84 feet to a 1/2 inch iron rod set for corner, said point being the northeast corner of said 25.001 acre tract of land being described, said point being in the west right-of-way line of State Highway 121; THENCE South 48 degrees 17 minutes 16 seconds West, along the east line of said Anna/121 Land Holdings, LLC tract, and along the new west right-of-way line of said State Highway 121, a distance 611.10 feet to a 1/2 inch iron rod set for corner, said point being the southeast corner of said 25.001 acre tract of land being described; THENCE South 90 degrees 00 minutes 00 seconds West, departing the new west line of said right-of-way line of said State Highway 121, a distance 2501.55 feet to the POINT OF BEGINNING and containing 1,089,043 square feet or 25.001 acres of computed land. LEGEND ❑� GAS METER � FIRE HYDRANT ® MONITORING WELL Ka GAS VALVE ® WATER METER © TRAFFIC SIGNAL POLE ❑ TELEPHONE PEDESTAL O FUEL PORT O TRAFFIC SIGNAL BOX _O_ POWER POLE 1XI WATER VALVE O SWB MAN HOLE -OHE- DOWN GUY 0 TRANSFORMER PAD © GAS MAN HOLE ® S.S. MAN HOLE O ELECTRIC METER ❑v VAULT © CLEAN OUT 0 STORM DRAIN MAN HOLE O TELEPHONE MANHOLE CERTIFICATE OF APPROVAL APPROVED on this day of , 20 , by the City Council, City of Anna, Texas. Mayor City Secretary NO SIGN LIGHT POLE 1. IRON PIPE FENCE OVER HEAD ELECTRIC 2. TREE 3 STATE OF TEXAS COLLIN COUNTY OWNER'S DEDICATION KNOW ALL MEN BY THESE PRESENTS: THAT ANNA/121 LAND HOLDINGS, LLC, BY AND THROUGH THE UNDERSIGNED AUTHORITY, DOES HEREBY ADOPT THIS FINAL PLAT DESIGNATING THE DESCRIBED PROPERTY AS LOT 1, BLOCK B, ANNA/121 LAND HOLDINGS ADDITION, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER THE STREET AND ALLEYS THEREON; AND DOES HEREBY DEDICATE THE EASEMENT STRIPS SHOWN ON PLAT FOR MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE, OR USING SAME. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS SHALL BE CONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENT STRIPS ON SAID PLAT. ANY PUBLIC UTILITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS, OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON ANY OF THESE EASEMENT STRIPS, AND ANY PUBLIC UTILITY SHALL AT ALL TIMES HAVE THE RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON ANY OF SAID EASEMENT STRIPS FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEM WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE PERMISSION OF ANYONE. THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE CITY OF ANNA, TEXAS. WITNESS MY HAND, THIS THE ANNA/121 LAND HOLDINGS OWNER STATE OF TEXAS DAY OF , 2021 Before me, the undersigned authority, a Notary Public in and for the State of Texas on this day personally appeared Owner of ANNA/121 LAND HOLDINGS, LLC, known to me to be the person whose name is subscribed to the foregoing instrument and ackowledged to me that he executed the same in the capacity indicated, and for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,2021. Notary Public in and for The State of Texas My Commission Expires SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS: THAT I, Larry Turman, do hereby certify that I prepared this Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision, in accordance with the subdivision regulations of the City of Anna, Texas. Larry Turman Registered Professional Land Surveyor No. 1740 STATE OF TEXAS Before me, the undersigned authority, a Notary Public in and for the State of Texas on this day personally appeared Larry Turman, known to me to be the person whose name is subscribed to the foregoing instrument and ackowledged to me that he executed the same in the capacity indicated, and for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,2021. Notary Public in and for The State of Texas My Commission Expires NOTES: 1. IRF - Iron Rod Found 2. IRS - Iron Rod Set 3. C.M. - Controlling Monument 4. Basis of Bearing - Bearings based on the Texas Coordinate System of the North American Datum of 1983 (2011), North Central Zone 4202 from GPS observations using the RTK Cooperative Network. FLOOD CERTIFICATE As determined by the FLOOD INSURANCE RATE MAPS for Collin County, Texas, the subject property is located in Zone "X" and Does Not lie within a Special Flood Hazard Area (100 Year Flood), Community Panel No. 48085C180J, dated June 2, 2009. If this site is not within an identified flood hazard area, this Flood Statement does not imply that the property and/or structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Flood Statement shall not create liability on the part of the Surveyor. FINAL PLAT LOT 1, BLOCK B ANNA/121 LANDHOLDINGS ADDITION OF BEING A 42.254 ACRE TRACT AND A PORTION OF THAT CERTAIN 200.10 ACRE TRACT DESCRIBED IN DOCUMENT NO. 20160128000104440 OFFICIAL RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS SITUATED IN JOHN CHAMBERS SURVEY, ABSTRACT NO 233 AND SAMUEL CRAFT SURVEY, ABSTRACT NO. 165 CITY OF ANNA, COLLIN COUNTY, TEXAS JOB NO.: DATE REVISION L R SURVEYING, LLC 16-134 - LOT 1, BLOCK A DATE: TBPS No. 10194623 10/22/2021 SCALE: 1475 HERITAGE PARKWAY, STE 217 (817) 354-1445 1" = 150' MANSFIELD, TEXAS 76063 surveygroup@att.net DRAWN BY: R.M. PAGE 2OF2 THE CITY OF Anna Item No. 6.j. City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a purchase order for street maintenance repair for County Road 419 in the City of Anna. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna has a Street Maintenance Sales Tax program, whereby a quarter cent portion of the sales tax paid on transactions in the City is dedicated to funding street maintenance projects. As the City of Anna continues to grow and expand in retail and commerce, the annual budget for street maintenance projects will increase, allowing the City to perform more major maintenance projects on our streets. The City utilizes an interlocal agreement with Collin County to receive competitive pricing for street maintenance work by WOPAC Construction, Incorporated. WOPAC will be mobilizing soon to begin work on both Foster Crossing and Taylor Boulevard, which the City Council approved earlier this year. While they are working in Anna, staff is also seeking to have them complete a major repair of County Road 419. There is a section of County Road 419 just north of County Road 421 which is located completely within the City of Anna and is subject to heavy truck traffic from industrial vehicles. Photos of the road are attached as Exhibit A. The road has complete base failure, and is becoming impassable for passenger vehicles. The proposed scope includes cement stabilization and re -mixing of base to a depth of 9-inches in order to provide a heavy duty road base. The base will then be topped with asphalt to provide a travel surface. Staff will be returning to the City Council with additional street maintenance projects for approval shortly after the first of the year, once Taylor, Foster Crossing, and County Road 419 are completed. FINANCIAL IMPACT: The project cost is $73,461.25, and will be paid from Street Maintenance Tax funds. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Resolution and Quote - Street Maintenance - County Road 419 2. Exhibit A - County Road 419 conditions 3. CR419 Project Location Map APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 11/3/2021 Terri Doby, Budget Manager Approved - 11/3/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR THE REHABILITATION OF COUNTY ROAD 419 TO WOPAC CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO EXCEED SEVENTY-THREE THOUSAND FOUR HUNDRED SIXTY- ONE DOLLARS AND TWENTY FIVE CENTS ($73,461.25); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, County Road 419 north of County Road 421 is located within the city limits of the City of Anna, Texas; and, WHEREAS, County Road 419 is in disrepair and requires full depth rehabilitation; and, WHEREAS, Wopac Construction, Incorporated has a current contract with Collin County for road paving improvements; and, WHEREAS, the City of Anna is utilizing the Collin County contract with Wopac Construction, Incorporated in accordance with the Collin County Purchasing Program; 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 Council of the City of Anna hereby authorizes the City Manager to execute a purchase order in an amount not to exceed $73,461.25 to Wopac Construction, Incorporated for the rehabilitation of County Road 419 north of County Road 421. That funding for the project shall come from the Street Maintenance Sales Tax fund. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of November 2021. ATTEST: APPROVED: City Secretary, Carrie Land Mayor, Nate Pike Exhibit A (following pages) PURCHASING QU TE FORM ao k Pumfc works tkpbrrmenr 3223 N- FawEY Pkay THE CITY OF A=L TX ?5409 1% nn Des€ripti-on of [ternReconstfuct Cft 419 Submittedgy: Hunter Parker Exe�ptlon ; Il.k{CO.0 DlviSion to charge: straets 10.580 * * ". -t- �., Af-- r a --- Vendor WOPAC ...., y-,•L9ti•��Nr�"• Quantity 1 uucullmn[auon IrFi£#�lilr24r_ . UnitPFke $73, 2-35 TaralYrka $73,46125 � 5Q-� Saao Quotes are +require d for are pl,rthoses over 55M- Forpurchases from $500•$1, 999 verbal Wares are acceptable, FnrpurchaseS/pm $�,OOo-$49.959 Wrimfl quoreF W{ rrqukTd,-hpwevgr. rhesepurchrrses mast be approved in writing in advnn€e by tFre CityMonoger. AddWeWathy2 "019$P Mstbe tnufted to quote of] purchases ex[eeding $499$. Evidence of Ow invitvtion fntosta cnmporry the purchase order, This PQF is for WOPAC Construction to reclaim and cement stabilize subgrade at 9" depth using 4015 cement per iquare yard. From 60ft north of intersection ofCR 421tojust past north entrance of Burrico Concrete plant- Prfine subgrade and install Sin type C asphalt in place, wopat to pro4ide all ne€essarytraffic conlroi and leave one larre passable. Streets 101-580- 51gnature. -� — Vote; 1d 91SMUZ3 m112noO Jg90W COUNTY ROAD 419 T= ster-&Xing•D ri Project Location Map Cedes endow RV Pay v i E Foster CrossingsRoa-ds( F-B f 1 #f CI Rd 419 s rt O ■ IP..,;, ■ r + AA 1 ■ C jo S �� t utef `oo Ij #= THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: AGENDA ITEM: Approve a Resolution for an Agreement for Police, Fire, and Public Works services with the Greater Anna Chamber of Commerce for the Anna Christmas Parade (Neighborhood Services Director Marc Marchand) SUMMARY: At the October 26, 2021, City Council meeting, the City Council approved a resolution authorizing the City Manager to enter into an agreement with TxDOT for the temporary road closure of State Highway 5 to allow the Greater Anna Chamber of Commerce to proceed with their Christmas Parade on December 11. The agreement before the City Council is to provide police, fire, and public works services to the Chamber of Commerce for the Christmas Parade event. As the parade route dictates the temporary road closure of Highway 5, the city will be providing first responder services to contribute to the safety and well-being of those in attendance. The agreement with the Chamber of Commerce holds the city and its officials harmless. FINANCIAL IMPACT: The estimated financial impact of providing first responder services is $3,500. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live Staff recommends the approval of the agreement to provide police, fire, and public works services to the Chamber of Commerce for the Christmas Parade. ATTACHMENTS: 1. Resolution Providing Police, Fire, and Public Works Services for Chamber Christmas Parade 2. GACC Parade Agreement APPROVALS: Ryan Henderson, Assistant City Manager Created/Initiated - 11/5/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT FOR POLICE, FIRE, AND PUBLIC WORKS SERVICES WITH THE GREATER ANNA CHAMBER OF COMMERCE FOR THE ANNA CHRISTMAS PARADE AS AN EVENT THAT SERVES A VITAL PUBLIC SERVICE TO THE COMMUNITY AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SAID AGREEMENT WHEREAS, the Greater Anna Chamber of Commerce wishes to host the Christmas Parade on December 11t" from 12pm to 1pm; and WHEREAS, the Greater Anna Chamber of Commerce requested a Special Event Permit for the Christmas Parade from the City of Anna in accordance with The Anna City Code of Ordinances Division 4. Special Events, Sec. 10.02.111 through Sec. 10.02.115; and WHEREAS, the Special Event ordinance authorizes the City Manager to approve a Special Event Permit for the Greater Anna Chamber of Commerce; and WHEREAS, the Special Event ordinance authorizes the City Manager to waive certain fees and charges for the Greater Anna Chamber of Commerce; and WHEREAS, the City Council has determined that the Christmas Parade serves a vital positive public service including bringing the community together during the holiday season promoting economic development and community welfare; and WHEREAS, the parade route necessitates the need to request a temporary closure of a portion of State Highway 5 from the Texas Department of Public Transportation and the City has made said request; and WHEREAS, the City Council hereby authorizes the City Manager to enter into an agreement with GACC for the provision of certain police and fire services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The recitals set forth above are incorporated herein as if set forth in full. Section 2. The City Council finds that the Greater Anna Chamber of Commerce's Anna Christmas Parade events serves a vital public purpose, and the City Council hereby approves of the Agreement for Police, Fire, and Public Works Services attached hereto as Exhibit A and authorizes the City Manager to execute said agreement on behalf of the City. Page 1 of 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of November 2021. ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Page 2 of 2 EXHIBIT A AGREEMENT FOR POLICE, FIRE, AND PUBLIC WORKS SERVICES This Agreement for Police, Fire, and Public Works Services (this "Agreement") is made by and between the City of Anna, Texas, a home -rule municipal corporation (the "City") and the Greater Anna Chamber of Commerce, Inc., a Texas nonprofit corporation ("GACC") WITNESSETH WHEREAS, GACC intends to plan, coordinate, fund, and host the December 11, 2021 Christmas Parade (the "Event"), a community event for Anna's neighbors who will gather to celebrate the community and holiday season; and WHEREAS, the Event has multiple public purposes including bringing the community together during the holiday season and promoting economic development and community welfare; and WHEREAS, the City is will to provide certain police, fire rescue, and public works services for the Event in furtherance of public health and safety; and WHEREAS, the State of Texas owns and operates a system of highways for public use and benefit, including Highway 5, in Collin County; and WHEREAS, the City has requested that TxDOT allow the temporary closure of Highway 5 for the purpose of the Event, from 12:00 PM to 1:00 PM on December 11, 2021 (the "Closure"); and WHEREAS, the City, in recognition of the public purpose of the Event, is willing to conduct the actions necessary for the Closure while providing for the safety and convenience of the traveling public within the State's requirements; and WHEREAS, on the 26th day of October 2021, the Anna City Council passed Resolution No. 2021-10-1034 establishing that the Event serves a public purpose and authorizing the City to enter into an agreement with the State; and WHEREAS, provided that TxDOT permits the Closure, the City shall provide the above - referenced police, fire rescue, and public works services as set forth herein; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONTRACT PERIOD This Agreement becomes effective upon final execution by the parties and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Page 1 of 4 EXHIBIT A Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. Except as expressly set forth herein, GACC shall assume all costs of the operations associated with the Event and shall be solely responsible for Event operations. B. Provided that TxDOT permits the Closure, the City shall provide —at no cost to GACC— materials, labor, public notification, protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing required for the Closure. C. The City will ensure that the appropriate law enforcement agency has reviewed the traffic control for the Closure and that the agency has deemed them to be adequate. Article 4. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. B. Notwithstanding any provision of this Agreement, this Agreement shall terminate and the parties shall have no further obligation to perform hereunder if TxDOT does not allow and permit the Closure. Article 5. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the City's decision shall be final and binding. Article 6. RESPONSIBILITIES OF THE PARTIES Except as expressly set forth herein, the City and GACC agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 7. INSURANCE AND INDEMNIFICATION A. At least two weeks in advance of the Event, GACC and/or its contractors shall furnish to the City a completed "Certificate of Insurance" and shall maintain the insurance in full force and effect during the period of the Event and for at least 24 hours thereafter. Such insurance shall include: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with Page 2 of 4 EXHIBIT A 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 Event, whether by GACC, a contractor, subcontractor, material man, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. 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. B. GACC AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES AND RELATED EXPENSES INCURRED BY THE CITY OR AWARDED AGAINST THE CITY) FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT FROM THE CITY ARISING OUT OF OR OCCASIONED BY GACC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, VIOLATIONS OF LAW BY GACC, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF GACC, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB -SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH GACC IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY TO THE EXTENT RESULTING FROM THE NEGLIGENCE OF THE CITY AND ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. THE CITY DOES NOT WAIVE ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. Article 8. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and GACC. Article 9. COMPLIANCE WITH LAWS GACC shall comply with all applicable federal, state and local environmental laws, regulations, and ordinances. Article 10. LEGAL CONSTRUCTION In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Page 3 of 4 EXHIBIT A Article 11. NOTICES All notices to either party by the other required under this Agreement shall be delivered by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: The City: GACC: City of Anna GACC Attn: City Manager 312 N. Powell Pkwy 111 N. Powell Pkwy Anna, Texas 75409 Anna, Texas 75409 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 12. SOLE AGREEMENT; LIMITATION OF REMEDIES This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. GACC's sole remedy for any breach of this Agreement is to seek specific performance of this City's obligations hereunder. Each party is signing this agreement on the date stated beside that party's signature. THE CITY OF ANNA Date Jim Proce, City Manager GREATER ANNA CHAMBER OF COMMERCE, INC. By Date Tiffany Terry, its President Page 4 of 4 THE CITY OF manna AGENDA ITEM: i011111►rarin, City Council Agenda Staff Report Meeting Date: 11 /9/2021 Staff Contact: Ross Altobelli Consider/Discuss/Action on a Resolution regarding the Jurado Estates, Block A, Lots 1 & 2, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: Two lots on 3.9± acres located on the north side of Twin Creeks Circle, 385± feet west of Gleason Lane. Zoned: Extraterritorial Jurisdiction (ETJ). The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. The applicant is requesting a waiver from the 40-foot minimum frontage on a public street requirement in Subsection 9.02.087(b) of the Subdivision Regulations. The applicant is providing 40 feet along the street for Lot 2, however this plat would be creating a flag lot that narrows to 22 feet. The subdivision regulations recommends that irregular shaped lots, such as a flag lot, be avoided but only prohibits such lot if it "...will not be suitable or desirable for the purpose intended, which is an obvious attempt to circumvent the purpose and intent of lot configuration or lot width minimums, or which is so oddly shaped as to create a hindrance to the logical lot layout of surrounding properties." Since the regulations recommends avoiding irregularly shaped lots, it does not specify that the width of a flag lot should be maintained or be wider than the width at the street frontage to the buildable area of the lot, however, it is a typical practice which is why the applicant is requesting the waiver. Lot 1 has already been developed with a septic tank and there are state/county requirements for the distance of septic from a property line that must be maintained. Please see the attached waiver request from the applicant's representative. With exception to this portion of Lot 2, each lot exceeds all other Subdivision Regulations for the lot area regulations (exceeds a minimum area of one acre; lot depth of 100 feet; and lot width of 40 feet). For these reasons, staff is in support. The Planning & Zoning Commission recommended approval per staff recommendation. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. ATTACHMENTS: 1. Locator 2. RESOLUTION - (FP) JURADO ESTATES, BLOCK A, LOTS 1 & 2 3. Exhibit A (STAMPED) - Jurado Estates 4. Jurado Waiver Request APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 10/29/2021 Ross Altobelli, Director of Development Services Approved - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 .k THE CITY OF Ania771 Subject Property-�� City Limits r Parcels - ETJ _ �6 A 1— • •AidP +� 'T- SL ., r } 1 y *' JV`� + A '� � � •fit �. i fr +#tea F11V +f F .. 5 , - ip "A � f dp - .+ � •tit y �f �r i F � *' r �- A R, FL 2814 r M 25!u21314 2941 +,* J 2 3 290905 t.t. 2913 ---` 2517 n 0.4 Agenda Item Final Plat - Jurado Estates, Block A, Lots 7 & 2 THE CITY OF Anna n TI IE CITY OF n Anna Subject Property '{'ter ti Gly Limits YRi� y Parcels r ETJ • ob ft -40-252622 �' a THE CITY OF nna �.� oPRGG. r f POINT OF 5 BEGINNING I, I- I _ I I w I LOT 2 � � ais�i mar., N I cc am.o oPac.c.. a I I I r o,l I , I / I I - / I � I co I `o , . umm usrucrir t� I T' 13 saT-- [ -- MT 1 nl �,I I IIIII I+ ' I I w•rl I � I /- r r 6 7 55 2„ W / / 6� g1 ary' � / vE1ROwt0 a uLu �mu z�n o7« 1., a5 jl w V-*-K vil NON SCAL& 1"= 50' 0 50 100 ,Rr - xory � �awa� \wr1 aas . aaaco yr waR hov scr sr. THE CITY OF nna n Minimum Frontage The subdivision regulations require that all lots have a minimum of 40 feet of frontage along the property. line.The minimum frontage requirement is typically carried to the front building setback line. The applicant is requesting to meet the minimum 40-foot frontage along the right-of- way, however, reduce the width to 22 %et to avoid an existing site improvement. The proposed lot width will increase once passed this obstacle. Planning &Zoning Commission recommended approval of the final plat due to the proposed lot (Lot 2) providing a reasonable building pad area at the building line without encroachment into front setback and achieving the same intent of the Subdivision standards and Flag Lot 1 Qt with r"d puce Street THE CITY OF r regulations & Ltitta �.� oPRGG. r f POINT OF 5 BEGINNING I, I- I _ I I w I LOT 2 � � ais�i mar., N I cc am.o oPac.c.. a I I I r o,l I , I / I I - / I � I co I `o , . umm usrucrir t� I T' 13 saT-- [ -- MT 1 nl �,I I IIIII I+ ' I I w•rl I � I /- r r 6 7 55 2„ W / / 6� g1 ary' � / vE1ROwt0 a uLu �mu z�n o7« 1., a5 jl w V-*-K vil NON SCAL& 1"= 50' 0 50 100 ,Rr - xory � �awa� \wr1 aas . aaaco yr waR hov scr sr. THE CITY OF nna CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE JURADO ESTATES, BLOCK A, LOTS 1 & 2, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Margarita Rodriguez Jurado has submitted an application for the approval of the Jurado Estates, Block A, Lots 1 & 2, Final Plat; WHEREAS, The applicant requests a waiver from the 40-foot minimum frontage on a public street requirement in Subsection 9.02.087(b) of the Subdivision Regulations WHEREAS, The after due consideration and discussion the City Council finds based on the evidence and arguments presented that the public interest is secured, the waiver will not have the effect of nullifying the intent and purpose of the Subdivision Regulations, and that the request: • Demonstrates granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity; • Demonstrates that the conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought, and are not applicable generally to other property; • Demonstrates because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; • Demonstrates that the waiver will not in any manner vary the provisions of the comprehensive plan or any other adopted plan(s) or ordinance(s) of the city; and • Demonstrates an alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Jurado Estates, Block A, Lots 1 & 2, Final Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of November, 2021. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike Northwest corner Ezra Shelby Survey Abst. No. 839 433 � CALLED 2.3113 ACRES TWIN CREEKS ASSOCIATION, INC C.C. NO. 20180306000277580 0.P.R.C.C.T. 454, 9 7' 04 00' 79 16 N TRACT 2 CALLED 1.000 ACRES FEDERICO & MARTA MATA NO. 20161109001527840 0.P.R.C.C.T. 5' UTILITY EASEMENT-1 I, I ti I�co, Iti O � I ' 10' UTILITY EASEMENT 25' BUILDING SETBACK — +CIRS _ S 87°34'48 "_ E 219.67'— — — — — — — — 5.77 — r I — ------------- clRs —� �122' / CALLED 2.549 ACRES 1 1 ESTATE OF HAROLD E. TAYLORC.C. I NO. 20150420030012780 0.P.R.C.C.T. I �)w: LOT 1 1.797 ACRES N78,274 SQ. FT. C) , p:n2 CALLED 2.506 ACRES WILLIAM & DENISE BIGHAM VOLUME 2984, PAGE 639 D.R.C.C.T. ' I�tiL2 oTRACT 1 CALLED 3.849 ACRES FEDERICO & MARTA MATA C.C. NO. 20161109001527840 (J) 0.P.R.C.C.T. 1 1 O O a 1 1 1 1 i N 31.58' 17 E IN 1 28.39' - 00' , � / 1 / � J SIR _ q,30. I / 0 21 50 O Is 1 /gPG\4,12 I �G S� / ///C.M. I 5' UTILITY EASEMENT /25 01 A$ / �/ S 1 22 W 7.53 CALLED 9.993 ACRES PETRONILO & ALEJANDRINA ZAPATA C.C. NO. 2011112 001279630 T. *Jb QEOGR�S 1 0 CIRS t1000 CIRS CALLED A GLE ACRES PAMELA GLEASON C.C. NO. 20071203001613340 0.P.R.C.C.T. APPROVED THIS DAY _____ OF _____________ BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. MAYOR CITY SECRETARY 2021 NOTES: 1. The original copy will have original signatures, stamp seal and an impression seal. 2. Copyright 2021, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The basis of bearings, are derived from ALLTERRA CENTRAL RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0. 6. Electric is provided by Grayson Collin Electris Cooperative. 7. Water is provided by City of Anna. 8. Septic is onsite. 9. The purpose of this plat is to subdivide 3.938 acres into 2 lots. NOTICE: Selling a portion of this addition by metes and bounds is a violation of the city Subdivision Ordinance and State platting statutes and is subject to fines and withholding of utilities and building certificates. FLOODPLAIN NOTE: According to the Flood Insurance Rate Map (FIRM) Map No. 48085CO155 J, dated June 2, 2009, prepared by Federal Emergency Management Agency (FEMA) for Collin County, Texas, this tract lies with in Zone X (Unshaded). 10 TE NORTH SCALE 1"= 50' 0 50 100 LEGEND C.M. = CONTROLLING MONUMENT CIRS = CAPPED 1/2" IRON ROD SET STAMPED (4613) IRF = IRON ROD FOUND COLLIN COUNTY NOTES: HEALTH DEPARTMENT CERTIFICATION I hereby certify that the onsite sewer facilities described on this plat conform to applicable OSSF laws of the State of Texas, of Texas, that site evaluations have been submitted representing the site conditions in the area in which on —site sewage facilities are planned to be used. Registered Sanitarian or Designated Representative Collin County Development Services STATE OF TEXAS § COUNTY OF COLLIN § I, DAVID J. SURDUKAN, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that 1 prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision, in accordance with the subdivision regulations of the City of Anna, Texas. David J. Surdukan Registered Professional Land Surveyor Registration No. 4613 BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared David J. Surdukan, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of Notary Public in and for Collin County My Commission Expires: --- LOCATION MAP NTS 13 OWNER'S CERTIFICATE STATE OF TEXAS: COUNTY OF COLLIN: WHEREAS, Jose Samuel Ordonez Jurado, Margarita Rodriguez Jurado & Maria De Los Angeles Ordonez Jurado, is the owners of a tract of land situated in the Ezra Shelby Survey, Abstract No. 839, in the City of Anna ETJ. Collin County, Texas, and also being all of 3.938 acre tract conveyed to Jose Samuel Ordonez Jurado, Margarita Rodriguez Jurado & Maria De Los Angeles Ordonez Jurado, as recorded in C.C. No. 20110301000219220, Land Records, Collin County, Texas, and being more particularly described in metes and bounds as follows; BEGINNING at a 518" iron rod found for corner at the northwest corner of said 3.938 acre tract, said iron rod also being at the northeast corner of a called 2.3113 acre tract conveyed to the Twinn Creeks Association, Inc as recorded in C.C. No. 20180306000277580, Land Records, Collin County, Texas; THENCE N 81'35'08" E a distance of 257.29' to a 112" iron rod with yellow plastic cap stamped "4613" set for corner, THENCE S 02'25'12" W a distance of 618.81' to a 112" iron rod found for corner in Twin Creeks Circle; THENCE S 71'51'22" W a distance of 7.53' to a 112" iron rod with yellow plastic cap stomped "4613" set for corner,; THENCE S 61'31 '22" W a distance of 323.00' to a 112" iron rod with yellow plastic cap stomped "4613" set for corner, THENCE N 07'50'22" E a distance of 456.31 ' to a 112" iron rod with yellow plastic cap stamped "4613" set for corner at the southeast corner of said called 2.3113 acre tract; THENCE N 00'0524" E following the east line of said 2.3113 acre tract a distance of 284.92' to the POINT OF BEGINNING and containing 171,561 Square Feet or 3.938 Acres of land. OWNER'S CERTIFICATIONS STATE OF TEXAS: COUNTY OF COLLIN: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT Jose Samuel Ordonez Jurado, Margarita Rodriguez Jurado & Maria De Los Angeles Ordonez Jurado, does hereby adopt this plat designating the hereinabove described property as JUARDO ESTATES, BLOCK A. LOTS 1 AND 2, an addition to Collin County, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the some unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the ______ day of ____________- 2021 �Ii�y�yh�lll��i7:7�7�7►�►��1p:7•UA�iP IP►�:a MARGARITA RODRIGUEZ JURADO — OWNER MARIA DE LOS ANGELES ORDONEZ JURADO — OWNER STATE OF TEXAS: COUNTY OF COLLIN: BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared JOSE SAMUEL ORDONEZ JURADO, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of ____________- 2021. Notary Public in and for Collin County, Texas My Commission Expires: STATE OF TEXAS: COUNTY OF COLLIN: 2021. BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared MARGARITA RODRIGUEZ JURADO, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of ____________- 2021. Notary Public in and for Collin County, Texas My Commission Expires: _______________ STATE OF TEXAS: COUNTY OF COLLIN: BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared MARIA DE LOS ANGELES ORDONEZ JURADO, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ______ day of ____________- 2021. Notary Public in and for Collin County, Texas My Commission Expires: FINAL PLAT JURADO ESTATES BLOCK A, LOTS 1 & 2 BEING 3.938 ACRES OUT OF THE EZRA SHELBY SURVEY, ABSTRACT NO. 839 CITY OF ANNA ETJ COLLIN COUNTY, TEXAS OWNERS SURVEYOR JOSE SAMUEL ORDONEZ JURADO & SURDUKAN SURVEYING, INC. MARGARITA RODRIGUEZ JURADO & P.O. Box 126 MARIA DE LOS ANGELES ORDO1RfEZ JURADO ANNA, TEXAS 75409 00 9831 TWIN CREEKS CIRCLE FIRM N . 1006 5 ANNA, TEXAS 75409 FIRM N0. 10069500 (214) 394-0061 SCALE 1" = 50' DATE. SEPTEMBER 8, 2021 JOB No. 2021-138 SURDUKAN SURVEYING, INC. 12 : MO ANNA, TEXAS 75409 (972) 924-8200 October 28, 2021 City of Anna City Council City of Anna 3223 North Powell Parkway Anna, Texas 75409 Re: Final Plat for Jurado Estates — Waiver Requests Mayor and Members of the City Council: On behalf of the Developers, Jose Samuel Ordonez Jurado, Margarita Rodriguez Jurado and Maria De Los Angeles Ordonez Jurado, Surdukan Surveying, Inc. has submitted a Final Plat for Jurado Estates. The plat is expected to be heard at the November 3, 2021 Planning & Zoning Commission meeting. We are respectfully requesting this Final Plat be approved with the following waiver: • Section 9.02087 Subdivision Ordinance: Waive the 40' minimum frontage on a public street requirement. This two Lot subdivision is located at 9831 Twin Creeks Circle, Anna, Texas. This Final Plat is in the ETJ of Anna. The Owners are requesting this waiver of the 40 minimum frontage on a public road from 40' to 23.68' due to the Lot having to meet the requirements for the County OSSF design standards. Having a 40' wide strip would interfere with the current septic system for Lot 1. We appreciate your consideration of this waiver request and approval of the Final Plat. Sincerel Dy, d Sur ukan R.P.L.S. NO. 4613 THE CITY OF Ana �IMM1 0159Wwi7 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Joey Grisham AGENDA ITEM: Conduct a Public Hearing to consider public comments regarding establishing a City of Anna Property Assessed Clean Energy (PACE) Program. (Director of Economic Development Joey Grisham). SUMMARY: On October 26, 2021 the City Council approved a resolution of intent to establish a Property Assessed Clean Energy (PACE) Program and set a public hearing date of November 9, 2021. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. Res 2021-10-1031 Notice of Intent to Establish a Program Under the Texas _PACE_ Act of 2013 2. Anna PACE Report with Exhibits 3. Memorandum No 21-102 City of Anna PACE Program Request and Establishment Considerations APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11 /4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO a x2aQan0.� I' 10� A RESOLUTION OF THE CITY OF ANNA, TEXAS GIVING NOTICE OF INTENT TO ESTABLISH A PROGRAM UNDER THE TEXAS PROPETY ASSESSED CLEAN ENERGY ("PACE") ACT OF 2013 FOR THE CITY OF ANNA, AS PROVIDED BY TEXAS LOCAL GOVERNMENT CODE CHAPTER 399ay AND SETTING A PUBLIC HEARING. WHEREAS, The 83rd Regular Session of the Texas Legislature enacted the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the "PACE Act"), which allows the governing body of a local government, including a City or County, to designate an area of the 1k territory OT the local government as a region within which an authorized representative ot a local esident'lal (5 government and or more dwelling units) real property may enter into written contracts to impose assessments on , the record owners of commercialindustrial, and large multifamily r the property to repay the financing by the owners of permanent'i m prove ments fixed to the property intended to decrease water or energy consumption or demand;, and WHEREAS, the installation or modi'ficati improvements to commercial, industrial, and large multifamily residential real property in the City of Anna (the "City") will further the goals of energy and water conservation without cost to the public; and on by property owners of qualified energy or water saving WHEREAS, the City Council of the City of Anna, Texas (the "City Council") fi!R energy and water conserving projects through contractual assessments (" nds that financing PACE financing5) ) furthers essential government purposes, including but not limited to, economic development, reducing energy consumption and costs, and conserving water resources; and WHEREAS, the City Council, subject to the public hearing scheduled as provided below, at which the public may comment on the proposed program and the report'i'sSued contemporaneously with this resolution, finds that it is convenient and advantageous to establish a program under the PACE Act and designate the entire geographic area within the City's corporate limits and extraterritorial jurisdiction as a region within which a designated City authorized representative and the record owners of qualified real property may enter into PACE financing agreements: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The Recitals to this Resolution are true and correct and are incorporated into this Order for all purposes. Section 2. Expression of Intent to Adopt Program. A. City hereby adopts this Resolution of Intent and finds that financing qualified projects through contractual assessments pursuant to the PACE Act is a valid public purpose. Be City intends to make contractual assessments to repay PACE financing for qualified energy or water conserving projects available to owners of commercial, industrial, and large multifamily residential real property. The program is to be called Anna Property Assessed Clean Energy Program ("Anna PACE"). C. The following type subject to such contractua VE oT a permanent improvement fixed to privately owned commercial, industrial, or residential real ot projects are qualified projects for PACE financing that may be assessments: Projects that (a) involve the installation or modification property with five (5) or more dwelling units, and (b) are intended to decrease energy or water consumption or demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that thermal energy, or regulate temperature,, D IF lots or lots undergoing development at the time of the assessment or the purchase or installation :B of products or devices not permanently fixed to real property. uses energy technology to generate electricity, provide An assessment may not be imposed to repay the financing of facilities for undeveloped E. The boundaries of the entire geographic area within City's jurisdiction, including all within the City's corporate limits and extraterritorial jurisdiction are the boundaries of the r where PACE financing and assessments can occur. areas egion F. Financing for qualified projects under the PACE program will be provided by qualified third - party lenders chosen by the owners. Such lenders will execute written contracts with the City's authorized representative to service the assessments, as required by the PACE Act. The contracts will provide for the lenders to determine the financial ability of owners to fulfill the financial obligations to be repaid through assessments, advance the funds to owners on such terms as are agreed between the lenders and the owners for the installation or modification of qualified projects, and service the debt secured by the assessments, directly or through a servicer, by collecting payments from the owners pursuant to contracts executed between the fenders and the owners. The lender contracts will provide that the City will maintain and continue the assessments for the benefit of such lenders and enforce the assessment lien for the benefit of a lender in the event of a default by an owner. The City will not, at this time, provide financing of any sort for the PACE program. G. The City will contract with Texas PACE Authority, a qualified non-profit organization to be the independent third -party Authorized Representative. H. The City will consult with the County Tax Assessor/Collector for the County of Collin. Section 3. Report Publicly Available,, The report on the proposed PACE program prepared as provided by Tex. Local Gov't Code Sec. 399.009, is available for public inspection on the Internet webs*Ite of the City of Anna and in the Economic Development Inc -Cube Office at 312 North Powell Parkway, and is incorporated in this resolution and made a part hereof for all purposes. Section 4. Notice of public Hearing. The City Council will hold a public hearing on the proposed PACE program and report on November 9th at 6:30 p.m. in the Anna ISD Board Room at 201 E. 7th Street, Anna, Texas 75409., DULY PASSED by the City Council of the City of Anna, Texas, this JL4A. day of.., J 2021. ATTESTED: Carrie L. Land City Secretary APPROVED ON .1 s '�# d .,� 0 --. •,* 1pl # # �•, wow wow Nate � Pike ex Mayor AMP T� � PACEC7 A U T H 0 R I T Y IMPROVING PROPERTIES. INCREASING CAPITAL. City of Anna October 26, 2021 DUB TAYLOR - COO, TEXAS PACE AUTHORITY ipoJoined the Texas PACE Authority in February 2020, after 21 years as the director of the Texas State Energy Conservation Office (SEGO) -part of the Texas Comptroller of Public Accounts '�-Managed engineering, technical ass16 411 IN istance and energy/water efficiency loan programs for public entities Prior to public service, private sector experience will 3s focused on commercial real estate, property appraisal and property tax consulting N 4 TEXAS PACE a 4 Business owners know they can save money over the long hau by investing in energy/water saving upgrades to their pro perties YEven modest upgrades can be expensive ➢Hard to pay those upfront costs given all their other expenses Failing equipment is replaced on basis at a prem ium cost emergency, piecemeal with no systems optimization Results in higher operating costs, lower building indoor comfort challenges, lower productivity performance, a TEXf1S PACE o (:)Iq 0 0 0 PACE PROPERTY ASSESSED (:LEAN ENERGY Innovative financing tool that provides long term, low cost 1007co funding for energy efficiency, water conservation and distributed generation projects Y Private financing secured by a special property assessment in place over the financing term/useful life of the improvements Y State Authorized -Local Gov't Code 399 Local Government Enabled y Voluntary & Open Market Eligible Property r Commercial (includina r MultINEMMM v family (5+ units) non-profit) � Industrial (man uf acturing/agricultura 4 TEXAS PACE o F f- Z W Q W ce ACE? >;�- Improves assets -budget neutral/cashflow positive Lowers utility usage/costs Increases net operating income Conventional VT�L� SAVE TIME *j !r4k D PACE TIME Ar � ' AUTH e PACE E - EL Projects that reduce energy or water usage or generate energy onsite Energy High efficiency chillers, boilers, and furnaces Mechanical system modernization Air cooled systems t cooled systems o water or geothermal Energy management systems and controls High effIp Ip iciency lighting upgrades Building envelope improvements r Combustion and burner upgrades Fuel switching . Heat recovery and steam traps i Renewable/DG energy systems Water High efficiency water heating systems 1 Water conservation systems ,ow Wastewater recovery and reuse systems -Alternate, on -site sources of water (A/C condensate., rainwater, RO reject water, 4L foundation drain water, etc,,) � - On -site improvements to accommodate reclaimed water use Y Water management systems and controls (indoor and outdoor) High efficiency irrigati on equipment C> TEXAS g � PACE Investment Barrier TX -PACE Solution Upfront capital No upfront capital needed hort financing term long ROI Funded up to life of equipment (20 years+) Lacl< of funding 100% financing,-- not a personal or business loan Landlord tenant split incentives Can be passed to tenants � Short-term ownership Stays with the land - is transferred upon sale () I M IF i M AU THOR I T $180.000,000.00 $160,0000,000.00 14OrO0Qr-O0 0. $120.0000.0000-00 $20.fOOOF000.00 $174 million of investment to date Animal C-PACE Finanding in Texas 2015 1 17 2018 2019 02015 02016 [32017 0 018 E12019 M020 2020 0 1 MEASURE TYPE 0 Energy Efficiency: 55Yco Water Conservation: 337co Distr'ibuted Gen: 1217C E I PAU7TH PACE ity ref A b !� City of Boerne City of C 3SIL! : I I S City cf Eagle P,3 5s City cf Fri City Of Ain Lam City d pafd I Rvin of Proper CITIES City ef Wg Crty of Corinth C - of Farm•-rs Era r-pzh City C4 11� jacinto c+t( City d Lein VAly city meet t r/ of Rod -dale city C4sn Cfty of Mcorzes He: 'h City of Carreem C 1 L'r Of Da' 1 2 sty d Fred .- i t%v. g Orly of H,�n :) kihnf.on CAy cif Of Pnc tC Cry of Fck..-A-ett 1 E. to TEW Pw 30A" �; _.. M P *TOWN OF FR SKR CORINTH1NTON ARMERS BRA�CH�r DALLAS ':= 64 local PACE programs Y +60% of state population covered Aransas C nt PC%%: e-j y n Coqj DA. t FJr C -rity C�-WY upe Cent' Ha,o County mcLennsn axinvi ft3v ri ido Co. UF:I.-, Torn Grn Ccmnty COUNTIES mtrop coyinvy E,razcr--n cal cntj PPaso County Foct Bend County H3r n Cou n: y Ccunty T v;s County V{A-��znnrti County BA11 c,., sty Gufnet CcHmty D wr,on Ccu my Erath Canty Q f V -� ston C aunty H�.s C��' W- is County Md'a ty Rives Cwnty Tarrant Courity COUnty 06 Q - I M TEXAS PACE 4 i MUNICIPALITY OR COUNTY 1) Public briefing/discussion (optional) 2) 3) 7'eaas Open=,% - Afee-tiligs Act9,010�-4 Post Report on how PACE program will work Pass Resolution of Intent to establish PACE program 4) Public hearing (required) 5) Pass Resolution to Establish PACE 6) Select administrator program W-.6 TEXAS PACE Ada-* Municipalities �1 � - TEYAS PACE Counties 501 (c) (3) Governmental Pr ivate MMM seat MMM wmb� MM Capital Providers Property Owners Service Providers i's Of M re r5rex* finds a contractor :me UMS the owner signs a contract with the PACE program, which places a senior lien on the property a 0 selects a project $11ifil�l @is ■OY Ife][IM capital provider signs a contract with the county in exchange for the assessment payments W the capital provider supplies funding 0 identifies a capital provider :Ja applies to PACE program i, i . W4M contractors complete the project the owner sends Ik installment payments directly to the lender ' AUTHQRITY Underwriting Criteria Guideline Assessment to 5-20% of the assessed property value. Requests for a variance are Assessed Value Ratio evaluated on a case -by -case basis. *25% as of 1/22/2021 Fvings to Investment �!1.0. Requests for a variance are evaluated on a case -by -case basis. Ratio (SIR) Mortgage Holder Written consent required from existing mortgage holders. Consent hops://www.texaspaceauthorIty.orgfDocuments/Program/"2DGuide. pdf ?d1=4 4 TEXAS �= o 13EM PACE • Based on Nationally Accepted Standards • American Society for Testing and Materials (ASTM) • International Performance Measurement and Verification Protocol (IPMVP) • American National Standards Institute / Building Owners and Managers Association (ANSI / BOMA) • American Society of Heating, Refrigerating & Air -Conditioning Engineers (ASHRAE) • National Institute of Standards and Technology (NIS 1) • Independent Third Party Reviewer (ITPR) -Qualifications • Texas -licensed Professional Engineer with energy/water efficiency experience • Preferred certifications: ASHRAE, AEE, Building Commissioning Association https:I/www.fexaspQceauthorrty. argrDacuments/Program%2QGulde.pdf?dl=n I TEXAS * PACE TECHNICAL STANDARDS MANUAL VERSIOfl 2.1 4'4* TEXAS g mom PACE CONTRACTOR* ENERGY/WATER ANALYSIS PROJECT CONSTRUCTION ITPR * SAVINGS REVIEW INSTALLATION VERIFICATION *Owner -selects Contractor and ITPR 4 TEXAS*PACE g am. fam ➢ Urban and rural Office.. mixed -use., non-profit, hospitality, MUItII-- I ly, park ing garage, retail ➢ Energy efficiency, water conservation, distributed generation & demand reduction/resiliency projects Project sizes: $68,000 - 124s*000/000 �- All received I 007co financing n TEXASYPACE g D i lql . aeiF±i L el A I Olk 0 Austin i Travis c - c ii A =0 am 10E I A a& A 0 r L Am SO Jo a 0 'li UM 4W - , I. Y F f "+� Ra Log rp -'4 IF db. d ; i �r ti q. a Ap � ■ J T � RL WAII . i F +.■ ' _r �4 # f a! # } f r F '{ ` # _qpX#f • k4 r .=MIN L' Seth Pqr; y � r —AL I AuTHoRI;v Houston Measures, y H VA C ➢ B AS ➢ LED lighting Utility Incentives: $30,000 Assessment Total: $1,3041352 Utility Savings: 38'7co Annually A V 4 TEXAS v � PACE 4 dM n Measures0 : H VA C Lighting v Insulation, roof v Windows V, -4 ,P> Plumbing fixtures Incentives: Ib $21 million Historic Tax Credits Assessment Total: $23.9 million Annual Utility Savings Electric: 6.6 million kWh Water: 700K gallons 40'7co ALL City of Dallas 4 TEXAS PACE o Rockport / Measures: Above -code Aransas County � Lighting Plumbing fixtures y Building envelope r Windows Wall insulation Roof insulation Assessment Total: $2.75 million Annual Utility Savings: Electric: 926,000 kWh Water: 3.2 million gallons z 48 ■d. IL Ij M. ip EF. " ■ _ ■ ` i k yY � r • diz ID 1 PEARL POINT R OCK PORT. TEXAS 11 THI T City of Amarillo Measures. Y Ductless VRF HVAC Low voltage LED lighting Y Building envelope r Water efficiency ➢ Domestic water heating Historic Tax Credit financing: $9,050,551 Assessment Total: $6,4714,443 Total Savings,, Electric: 73� Gas: 79�0 Water: 60% MARRIOTT BONV 0 Y • AUTOGRAPH COLIECTION H o l f t s PAUrH PACE 11 saW M VVIN M VV ✓ Property Owners -lower utility bills, energy independence, energy efficiency, property MOMMEMEM value increase ✓ Contractors -source of increase in business, more local hiring, best practices, keeping up With technology advancements ✓ Lenders new loans, steady & stable process,,,fully coIlateralized, Tax Assessment lien position, improved asset value •� State of Texasreduced peak demand, enhanced grid reliability, distributed generation as resilient power source, improved air quality, water resource conservation NJ, Communities - increased economic development and jobs, improved building infrastructure, more appealing building stock and plants 4 TEXAS PACE v Texas PACE Authority,., w\vw.texasoaceauthorit\/,,com y TX -PACE Program Guide and Technical Standards www.texaspaceauthoritv.ora/Documents/Program�20Guide.pdf?d1 mmmmmmmmk. =0 ,.o;> Events and Training - (Online Contractor Training Soon!) www,texas a cea uth ority.orq/eve nt-d i rector r Case Studies www.texasnaceauthor'i'ty.or, y 41 Service Provider Directory resources/case-stud*ies-marketi'n https://www.texaspaceauthority.or service- rovider-directo r PAU THOR ITY Dub Taylor,. COO dub@texas a c e a u t h o r i t 4 TEXAS � PACE .or www,texas[Da c e a uth ori tv,,or REPORT REQUIRED BY TEXAS LOCAL GOVERNMENT CODE SECTION 399.009 FOR PROPOSED PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM This Report is adopted by the City Council for Anna, Texas ("Local Government") Property Assessed Clean Energy (PACE) Program (the "Program") in accordance with the requirements of the Property Assessed Clean Energy Act (the "PACE Act") as set forth in Texas Local Government Code Chapter 399. The Local Government and its constituents benefit when older existing buildings are modified with new technology and equipment that increases energy efficiency and reduces water consumption. As described in this Report, the Local Government is establishing the commercial PACE Program to encourage private sector investment in energy efficiency and water conservation. The PACE Program will be offered to property owners on a strictly voluntary basis and will not require the use of any public funds or resources. Authorized under the PACE Act enacted in 2013, the PACE program is an innovative financing program that enables private sector owners of privately owned commercial, industrial, and multi- family residential properties with five or more dwelling units to obtain low-cost, long-term loans to pay for water conservation, energy -efficiency improvements, and renewable energy retrofits. PACE loans provide up to 100% financing of all project costs, with little or no up -front out-of- pocket cost to the owner. The Local Government has chosen to follow the administrative principles, program processes, and model documents of the uniform Texas PACE in a Box model program.' Loans made under the PACE Program will be secured by assessments on the property that are voluntarily imposed by the owner. Assessments may be amortized over the projected life of the improvements. The utility cost savings derived from improvements financed with PACE loans are expected to equal or exceed the amount of the assessment. In turn, these improvements are able to generate positive cash flow upon installation because the debt service will be less than the savings. PACE assessments are tied to the property and follow title from one owner to the next. Each owner is responsible only for payment of the assessments accruing during its period of ownership. When the property is sold, the payment obligation for the remaining balance of the assessment is transferred automatically to the next owner. As a result, the program will help property owners overcome market barriers that often discourage investment in energy efficiency and water conservation improvements. https://www.keepingpaceintexas.org/pace-in-a-box 1. Eligible Properties The Local Government's PACE program is a strictly voluntary program. All private sector owners of Eligible Properties located within the Local Government's PACE region may participate in PACE financing. "Eligible Properties" include commercial, industrial, and multi- family residential properties with five or more dwelling units. Government, residential', and undeveloped property and property undergoing development at the time of the assessment are not Eligible Properties. 2. Qualified Improvements PACE financing may be used to pay for Qualified Improvements to Eligible Properties. "Qualified Improvements" are permanent improvements intended to decrease water or energy consumption or demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that use energy technology to generate electricity, provide thermal energy, or regulate temperature. Under the PACE Act, products or devices that are not permanently fixed to real property are not considered to be Qualified Improvements. The following items may constitute Qualified Improvements: • High efficiency heating, ventilating and air conditioning ("HVAC") systems • High efficiency chillers, boilers, and furnaces • High efficiency water heating systems • Energy management systems and controls • Distributed generation systems • High efficiency lighting system upgrades • Building enclosure and envelope improvements • Water conservation and wastewater recovery and reuse systems • Combustion and burner upgrades • Heat recovery and steam traps • Water management systems and controls (indoor and outdoor) • High efficiency irrigation equipment 3. Benefits of PACE to Property Owners The PACE program will enable owners of Eligible Properties to overcome traditional barriers to capital investments in energy efficiency and water conservation improvements, such as unattractive returns on investment, split incentives between landlords and tenants, and uncertainty of recouping the investment upon sale of the property. By financing Qualified Improvements through the program, property owners may achieve utility cost savings that exceed the amount of the assessment and reduce their exposure to utility price volatility. As a result, the value of the property will be enhanced, and the owner will only be obligated to pay the assessment installments that accrue during its period of ownership of the property. Additionally, by investing in energy efficiency and water conservation with PACE This encompasses single family residential and any multi -family properties with fewer than five units. financing, property owners may also qualify for various rebate, tax credit, and incentive programs offered by utility providers and state or federal governmental authorities to encourage these types of investments. 4. Benefits of PACE to the Local Government Among other things, projects financed through PACE will: • Enable property owners and occupants to save substantial amounts in utility costs, • Reduce demand on the electricity grid • Mitigate greenhouse gas emissions associated with energy generation • Enhance the value and efficiency of existing buildings • Boost the local economy by creating new job opportunities and new business opportunities for contractors, engineers, commercial lenders, professionals, and equipment vendors and manufactures • Increase business retention and expansion in the PACE region by enabling cost effective energy and water saving updates to existing property • Improve productivity through optimized energy usage • Support the State's water conservation plan • Better enable the Local Government to meet its water conservation goals Finally, through the reduction in energy consumption as a result of the PACE program, there will be a decreased demand for power resulting in lower emissions from power plants. EPA regulations have significant impacts on air quality standards in Texas. Being non -attainment for priority pollutants in the Clean Air Act endangers federal transportation funding. The PACE program requires minimal support from the Local Government. It is designed to be self-sustaining. Furthermore, because the PACE program is tax neutral, it achieves all of the benefits listed in this Report without imposing a burden on the Local Government's general fund. The 841 Texas Legislature added a provision that explicitly shields the Local Government and its employees, members of the governing body of a local government, employees of a local government, and board members, executives, employees, and contractors of a third party who enter into a contract with a local government to provide administrative services for a program under this chapter.' 5. The Benefits of PACE to Lenders PACE loans are attractive to lenders because they are very secure investments. Like a property tax lien, the assessment lien securing the PACE loan has priority over other liens on the property. Therefore, the risk of loss from non-payment of a PACE loan is low compared to most other types of loans. PACE assessments provide lenders with an attractive new product to assist s TX. Local Gov't Code §399.019. In the 85th legislature, HB 2654 clarified that the personal immunity provisions apply to all elected officials performing rights and duties under chapter 399 of the Local Government Code. existing and new customers in addressing an almost universal pent-up demand for needed commercial and industrial property equipment modernization. In order to protect the interests of holders of existing mortgage loans on the property, the PACE Act requires their written consent to the PACE assessment as a condition to obtaining a PACE loan. 6. The Benefits of PACE to Contractors, Engineers, and Manufacturers PACE loans provide attractive sources of financing for water and energy saving retrofits and upgrades, thereby encouraging property owners to make substantial investments in existing commercial and industrial buildings. As a result, PACE will unlock business opportunities for contractors, engineers, and manufacturers throughout the commercial and industrial sectors. 7. Administration of the Local Government PACE Program Under the PACE Act, the establishment and operation of the program are considered to be governmental functions.' The PACE Act further authorizes the Local Government to enter into a contract with a third party to provide administrative services for the PACE program (the "Authorized Representative'). The Local Government will delegate administration of the PACE program to Texas PACE Authority, a qualified, non-profit organization that can administer the program at no cost to the Local Government. The Authorized Representative's role is to serve as an extension of the local government staff to provide oversight of the program to ensure best practices and consumer protections at the lowest possible cost to the property owner in a transparent and ethical manner and to provide education and outreach. The Authorized Representative will be funded by administrative fees paid by the property owners establishing a PACE project, charitable grants or other authorized sources of revenue. The Authorized Representative will not receive compensation or reimbursement from the Local Government. 8. Eligible Lenders The PACE Act does not set criteria for financial institutions or investors to be PACE lenders. The Local Government will follow best practices of other PACE programs and the Texas PACE in a Box model program by recommending that lenders be: ■ Any federally insured depository institution such as a bank, savings bank, savings and loan association and federal or state credit union; ■ Any insurance company authorized to conduct business in one or more states; ■ Any registered investment company, registered business development company, or a Small Business Administration small business investment company; ■ Any publicly traded entity; or ■ Any private entity that: o Has a minimum net worth of $5 million; and TX Local Government Code §399.003(b) 4 o Has at least three years' experience in business or industrial lending or commercial real estate lending (including multifamily lending), or has a lending officer that has at least three years' experience in business or industrial lending or commercial real estate lending; and o Can provide independent certification as to availability of funds; and All lenders must have the ability to carry out, either directly or through a servicer, the bookkeeping and customer service work necessary to manage the assessment accounts. Any lender can participate in the PACE program as long as it is a financially stable entity with the ability to carry out, either directly or through a servicer, the bookkeeping and customer service work necessary to manage the assessment accounts. The property owner, not the Local Government or the Authorized Representative, selects the lender. The Authorized Representative will not guarantee or imply that funding will automatically be provided from a third -party lender, imply or create any endorsement of, or responsibility for, any lender; or create any type of express or implied favoritism for any eligible lender. 9. Components of the PACE Program As required under Section 399.009 of the PACE Act, the following describes all aspects of the PACE Program: a. Map of Region. A map of the boundaries of the region included in the program is attached to this Report as Exhibit 1. The region encompasses the Local Government limits including the City's extraterritorial jurisdiction. b. Form Contract with Owner. A form contract between the Local Government and the record owner of the Eligible Property is attached as Exhibit 2. It specifies the terms of the assessment under the PACE program and the financing to be provided by an Eligible Lender of the property owner's choosing. Form Contract with Lender. A form contract between the Local Government and the Eligible Lender chosen by a property owner is attached to this Report as Exhibit 3. It specifies the financing and servicing of the debt through assessments. Form Notice of Contractual Assessment Lien. A form Notice of Assessment Lien to be filed by the Local Government with the County Clerk is attached to this Report as Exhibit 4. d. Qualified Improvement. The following types of projects are qualified improvements that may be subject to contractual assessments under the PACE program: Projects that (a) involve the installation or modification of a permanent improvement fixed to privately owned commercial, industrial or residential real property with five (5) or more dwelling units;' and (b) are intended to decrease energy or water consumption or demand by installing a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. 6 A sample list of potential Qualified Improvements appears in Section 2 above. The PACE program may not be used to finance improvements to undeveloped lots or lots undergoing development at the time of the assessment, or for the purchase or installation of products or devices not permanently fixed to real property.' Authorized Representative. HB 3187 was signed into law on June 16, 2015. It authorizes the Local Government to delegate administration of the PACE program to a third -party "Authorized Representative." The Local Government may delegate all official administrative responsibilities, such as the execution of individual contracts with property owners and lenders, to an Authorized Representative. This relationship will be monitored and maintained by the City Manager or his/her designee. f. Project Review. Track and provide a public overview with savings metrics for all PACE projects g. Plans for Insuring Sufficient Capitals. Lenders will extend loans to finance Qualified Improvements. Financing documents executed between owners and lenders will impose a contractual assessment on Eligible Property to repay the owner's financing of the Qualified Improvements. The lenders will ensure that property owners demonstrate the financial ability to fulfill the financial obligations to be repaid through contractual assessments. h. No Use of Bonds or Public Funds. The Local Government does not intend to issue bonds or use any other public monies to fund PACE projects. Property owners will obtain all financing from the Eligible Lenders they choose. i. Limit on Length of Loan. One of the statutory criteria of a PACE loan is that the assessment payment period cannot exceed the useful life of the Qualified Improvement that is the basis for the loan and assessment. As part of the application process, the property owners will submit an independent third -party review prepared by a licensed engineer showing the water or energy baseline 5 TX. Local Gov't Code §399.002(5). 6 TX. Local Gov't Code §399.002(3). TX. Local Gov't Code §399.004. 8 The Texas PACE Authority's website (www.texaspaceauthority.org) offers a non -exhaustive list of interested and qualified lenders to assist property owners in funding PACE projects in Texas. conditions and the projected water or energy savings. This review will aid the Authorized Representative in making a determination that the period of the requested assessment does not exceed the useful life of the Qualified Improvement. j. Application Process. The Authorized Representative will accept applications from property owners seeking to finance Qualified Improvements under the program. Each application must be accompanied by the required application fee and must include: (1) A description of the specific Qualified Improvements to be installed or modified on the property, (2) A description of the specific real property to which the Qualified Improvements will be permanently fixed, and (3) The total amount of financing, including any transaction costs, to be repaid through assessments. Based on this information, the Authorized Representative may issue a preliminary letter indicating that, subject to verification of all requirements at closing, the proposed project appears to meet program requirements. Based on this preliminary letter, the property owner may initiate an independent third -party review of the project and submit the project to Eligible Lenders for approval of financing. Once the above processes are completed, the property owner will submit the application to the Authorized Representative to obtain preliminary approval. The property owner is expected to produce the following documentation prior to closing on the PACE loan: (1) A Report conducted by a qualified, independent third -party reviewer, showing water or energy baseline conditions and the projected water or energy savings, or the amount of renewable energy generated attributable to the project; (2) Such financial information about the owner and the property as the lender chosen by the owner deems necessary to determine that the owner has demonstrated the financial ability to fulfill the financial obligations to be paid through assessments; and (3) All other information required by the Authorized Representative. k. Financial Eli ig bility Requirements. The Authorized Representative will determine whether the owner, the property and the improvements are eligible for financing under the program. The Eligible Lender chosen by the owner will determine whether the owner has demonstrated the financial ability to repay the financial obligations to be collected through contractual assessments. The statutory method' for ensuring such a demonstration of financial ability must be based on appropriate underwriting factors, including the following: TX. Local Gov't Code §399.009(b). (1) verification that the person requesting to participate in the program is the legal record owner of the benefitted property, (2) the applicant is current on mortgage and property tax payments, (3) the applicant is not insolvent or in bankruptcy proceedings, (4) the title of the benefitted property is not in dispute; and (5) there is an appropriate ratio of the amount of the assessment to the assessed value of the property. The Local Government determines that it will follow the Texas PACE in a Box model program recommendation for determining the appropriate loan to assessed value of the property. The Local Government determines to be eligible for PACE financing, the projected savings derived from the Qualified Improvement must be greater than the cost of the PACE assessment and lien over the life of the assessment (i.e., the Savings to Investment Ratio (SIR) should be greater than one, SIR>1). A third -party lender and a for profit -property owner may request a waiver in writing for a project with an SIR < 1 and address the interests of tenants and future property owners. The Authorized Representative may consider factors in a variance request including: (a). Are there other environmental benefits such as air or water quality or resiliency that are not captured in the SIR analysis; (b) Will the proposed qualifying improvements generate environmental marketable credits that can be monetized? (c). What is the SIR calculation for the project (how far below 1?); (d). If the SIR is < 1 over the term of the assessment, is the SIR > 1 over the useful life of the equipment? (e). What is the impact of a variance request on affected third parties? and (f) Other information the owner and lender wish to submit regarding the impact of the qualified improvements on the company and the community. 1. Mortgage Holder Notice and Consent. As a condition to the execution of a written contract between the Authorized Representative and the property owner imposing an assessment under the program, the holder of any mortgage lien on the property must be given notice of the owner's intention to participate in the program on or before the 301 day before the date the contract is executed, and the owner must obtain the written consent of all mortgage holders.'0 in. Imposition of Assessment. The Authorized Representative will enter into a written contract with the property owner, only after: (1) The property owner delivers to the Authorized Representative written consent of all mortgage lien holders; (2) The Authorized Representative's determination that the owner and the property are eligible to participate in the program, that the proposed improvements are reasonably likely to decrease energy or water 10 TX. Local Gov't Code §399.010. consumption or demand, and that the period of the requested assessment does not exceed the useful life of the Qualified Improvements; and (3) The Eligible Lender notifies the Authorized Representative that the owner has demonstrated the financial ability to fulfill the financial obligations to be repaid through contractual assessments. The contract will impose a contractual assessment on the owner's Eligible Property to repay the lender's financing of the Qualified Improvements. The Authorized Representative will file "A Notice of Contractual Assessment Lien," in substantially the form in Exhibit 4 in the Official Public Records of the County in which the property is located, as notice to the public of the assessment, from the date of filing. The contract and the notice must contain the amount of the assessment, the legal description of the property, the name of the property owner, and a reference to the statutory assessment lien provided under the PACE Act. n. Collection of Assessments. The execution of the written contract between the Local Government and the property owner and recording of the Notice of Contractual Assessment Lien incorporate the terms of the financing documents executed between the property owner and with the lender to repay the financing secured by the assessment. The third -party lender will advance financing to the owner, and the terms for repayment will be such terms as are agreed between the lender and the owner. Under the form lender contract attached as Exhibit 3, the lender or a designated servicer will agree to service the debt secured by the assessment." With funds from the lender, the property owner can purchase directly the equipment and materials for the Qualified Improvement and contract directly, including through lease, power purchase agreement, or other service contract, for the installation or modification of the Qualified Improvements. Alternatively, the lender may make progress payments to the property owner as the Qualified Improvement is installed. The lender will receive the owner's assessment payments to repay the debt and remit to the Authorized Representative any administrative fees. The lender will have the right to assign or transfer the right to receive the installments of the debt secured by the assessment, provided all of the following conditions are met: (1) The assignment or transfer is made to an Eligible Lender, as defined above; (2) The property owner and the Authorized Representative are notified in writing of the assignment or transfer and the address to which payment of the future installments should be mailed at least 30 days before the next installment is due according to the schedule for repayment of the debt; and 11 The servicer will be responsible for maintaining payment records, account balances, and reporting to the Authorized Representative as required. (3) The assignee or transferee, by operation of the financing documents or otherwise, written evidence of which shall be provided, assumes lender's obligations under the lender contract. o. Verification Review. After a Qualified Improvement is completed, the Authorized Representative will require the property owner to provide verification by a qualified independent third -party reviewer that the Qualified Improvement was properly completed and is operating as intended. 1I The verification report conclusively establishes that the improvement is a Qualified Improvement and the project is qualified under the PACE program.13 p. Marketing and Education Services. The Program Administrator will provide service provider training workshops for contractors, engineers, property managers and other stakeholders, provide outreach and education for all stakeholders including presentations, conference booths and individual meetings, and provide written and electronic materials such as case studies, flyers, and webinars. q. The Local Government may subsequently enter into agreements with one or more other local governments or non-profit organizations that promote energy and water conservation and/or economic development to provide marketing and education services for the PACE program. Quality Assurance and Antifraud Measures. The Authorized Representative will institute quality assurance and antifraud measures for the Program. The Authorized Representative will review each PACE application for completeness and supporting documents through independent review and verification procedures. The application and required attachments will identify and supply the information necessary to ensure that the property owner, the property itself, and the proposed project all satisfy PACE program underwriting and technical standard requirements. Measures will be put in place to provide safeguards, including a review of the energy and water savings baseline and certification of compliance with the technical standards manual from an independent third -party reviewer (ITPR), who must be a registered professional engineer, before the project can proceed. This review will include a site visit, report, and a letter from the ITPR certifying that he or she has no financial interest in the project and is an independent reviewer. After the construction of the project is complete, an ITPR will conduct a final site inspection and determine whether the project was completed and is operating properly. The reviewer's certification will also include a statement that the reviewer is qualified and has no financial interest in the project. 'Z TX Local Gov't Code §399.011. 13 TX Local Government Code §399.011(a-1) 10 s. Delinquency. Under the terms of the form lender contract attached as Exhibit 3, if a property owner fails to pay an agreed installment when due on the PACE assessment, the lender will agree to take at least the following steps to collect the delinquent installment: (1) Mail to the owner a written notice of delinquency and demand for payment by both certified mail (return receipt requested) and first-class mail, and (2) Mail to the owner a second notice of delinquency and demand for payment by both certified mail (return receipt requested) and first-class mail, at least 30 days after the date of the first notice if the delinquency is continuing. If the owner fails to cure the delinquency within 30 days after mailing the second notice of delinquency, the lender may notify the Authorized Representative of the owner's default. Pursuant to Texas Local Government Code Section 399.014(c), the Authorized Representative will initiate steps for the Local Government to enforce the assessment lien in the same manner as a property tax lien against real property may be enforced, to the extent the enforcement is consistent with Section 50, Article XVI, of the Texas Constitution. Delinquent installments will incur penalties and interest in the same manner and at the same rate as delinquent property taxes, according to Texas Local Government Code Section 399.014(d), and such statutory penalties and interest will be due to the Local Government to offset the cost of collection. If the Local Government files suit to enforce collection, the Local Government may also recover costs and expenses, including attorney's fees, in a suit to collect a delinquent installment of an assessment in the same manner and at the same rate as in suit to collect a delinquent property tax. If a delinquent installment of an assessment is collected after the filing of a suit, the Local Government will remit to the lender the net amount of the delinquent installments and contractual interest collected and remit to the Authorized Representative the amount of any administrative fees collected but will retain any statutory penalties, interest, and attorney's fees collected. 11 r7--. -4 up d k EXHIBIT 2 FORM OWNER CONTRACT 13 FORM PACE OWNER CONTRACT THIS PROPERTY ASSESSED CLEAN ENERGY ("PACE") OWNER CONTRACT including the attached exhibits ("Owner Contract") is made as of the day of ("Effective Date"), by and between the City of Anna, Texas ("Local Government"), and _("Property Owner"). Local Government and Property Owner are hereafter referred to collectively as "the parties" or individually as "party." RECITALS A. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, authorizes the governing body of a local government to establish a program and designate a region within the local government's jurisdiction within which an authorized representative of the local government may enter into written contracts with the record owners of privately owned commercial, industrial, and large multifamily residential (5 or more dwelling units) real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. B. Local Government has established a program under the PACE Act pursuant to a resolution dated , adopted by the ("PACE Program"), and has designated Texas Property Assessed Clean Energy Authority, d/b/a Texas PACE Authority as the representative of Local Government ("Authorized Representative") authorized to enter into the written contracts with the owners of such property and the providers of such financing described herein, and has designated the entire territory within the boundaries of the City of Anna, Texas, including the City's extraterritorial jurisdiction, as a region (the "Region") within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owners' property pursuant to the PACE Program. C. Property Owner is/are the sole legal and record owner of the qualified "real property," as defined in Section 399.002 of the PACE Act, within the Region located at Texas - (the "Property") (the Property being more particularly described in the Notice of Contractual Assessment Lien, attached hereto as Exhibit A). D. Pursuant to Application number , Property Owner has applied to Local Government to participate in the PACE Program by installing or modifying on the Property certain permanent improvements which are intended to decrease water or energy consumption or demand, and which are or will be fixed to the Property as "qualified improvements", as defined in Section 399.002 of the PACE Act ("Qualified Improvements"). The installation or modification of such Qualified Improvements on the Property shall be a "qualified project" as defined in Section 399.002 of the PACE Act (the "Project"). Property Owner has requested that Local Government 1 v. 7—AR—ONLY PACE Owner Contract enter into this Owner Contract pursuant to the PACE Act and the PACE Program and has requested Local Government to impose an assessment (the "Assessment") on the Property as set forth in the Notice Of Contractual Assessment Lien Pursuant To Property Assessed Clean Energy Act to be filed in the real property records of Collin County, Texas (the "Notice of Contractual Assessment Lien"), to repay the financing of such Qualified Improvements. A copy of the Notice of Contractual Assessment Lien is attached hereto as Exhibit A and made a part hereof. The Property, Qualified Improvements and Assessment are more fully described in the Notice of Contractual Assessment Lien. E. Financing for the Project ("Financing") shall be provided to Property Owner by ("Lender"), a qualified lender selected by Property Owner, pursuant to a written contract executed by Lender and Local Government as required by Section 399.006(c) of the PACE Act (the "Lender Contract"). The financing includes only those costs and fees for which an assessment may be imposed under Section 399.006(e) of the PACE Act. Local Government has agreed to maintain and continue the Assessment for the benefit of Lender until the Financing, all contractual interest due to Lender ("Contractual Interest"), any prepayment penalty, and any penalties, interest, fees, and costs due under or authorized by the PACE Act are paid in full and to release the Assessment upon notice from Lender of such payment, or to foreclose the lien securing the Assessment for the benefit of Lender upon notice from Lender of a default in payment by Property Owner. F. As required by Section 399.010 of the PACE Act, Property Owner represents and warrants that it has notified the holder(s) of any mortgage liens on the Property at least thirty (30) days prior to the date of this Owner Contract of Property Owner's intention to participate in the PACE Program. The written consent of each mortgage holder to the Assessment was obtained on or prior to the date of this Owner Contract and is attached hereto as Exhibit B and made a part hereof. AGREEMENT The parties agree as follows: 1. Imposition of Assessment. In consideration for the Financing advanced or to be advanced to Property Owner by Lender for the Project under the PACE Program pursuant to the Lender Contract, Property Owner hereby requests and agrees to the imposition by Local Government of the Assessment in the principal amount of $ , as set forth in the Notice of Contractual Assessment Lien. In the event the actual total of costs and fees for which an assessment may be imposed under the PACE Act is different from the stated amount or any other term requires correction, Local Government, Property Owner, and Lender agree to execute an amended Owner Contract and Lender Contract, as applicable, and Authorized Representative shall record an amended Notice of Contractual Assessment Lien. The Assessment includes the application and administration fees authorized by the PACE Program and Section 399.006(e) of the PACE Act. Property Owner promises and agrees to pay the Assessment, Contractual Interest thereon, any prepayment penalty, and all penalties, interest, fees, attorney's fees, and costs due under or authorized by the PACE Act and the financing documents executed between Property Owner and Lender (the "Financing Documents") described in or copies of which are attached as 2 v. 7—AR—ONLY PACE Owner Contract Exhibit C attached hereto and made a part hereof by reference. Property Owner shall pay such amount in care of or as directed by Lender, in satisfaction of the Assessment imposed pursuant to this Owner Contract and the PACE Act. Accordingly, Local Government hereby imposes the Assessment on the Property to pay the Financing of the Project, Contractual Interest, any prepayment penalty, and any penalties, interest, fees and costs due under or authorized by the PACE Act and the Financing Documents, in accordance with the requirements of the PACE Program and the provisions of the PACE Act. 2. Maintenance and Enforcement of Assessment. In consideration for Lender's agreement to advance Financing to Property Owner for the Project pursuant to the Financing Documents, Local Government agrees to maintain and continue the Assessment on the Property for the benefit of Lender until the Assessment, Contractual Interest, any prepayment penalty, and any penalties, interest, fees, attorney's fees, and costs, due under or authorized by the PACE Act, PACE Program, and the Financing Documents are paid in full, and to release the Assessment upon notice from Lender of such payment. Local Government agrees to enforce the assessment lien against the Property at the request of Lender in the event of a default in payment by Property Owner, in accordance with the provisions set forth in paragraph 5. Authorized Representative shall deliver an annual notice of assessment to Property Owner by electronic mail each year until the Assessment is released. If requested by Property Owner by marking the box below, Local Government agrees to also deliver an annual notice of assessment to Property Owner by first-class mail in the envelope with the tax bill of the Property each year until the Assessment is released. ❑ Property Owner requests an annual notice of assessment from Local Government. Any failure of Local Government or Authorized Representative to deliver an annual notice of assessment to Property Owner shall not affect the Assessment or Property's Owner's obligations under this Owner Contract. 3. Installments. The Assessment and Contractual Interest thereon are due and payable to Lender in installments ("Installments"), according to the payment schedule set forth in the Financing Documents attached hereto as Exhibit C. The Assessment includes (1) an application fee paid by Property Owner to Authorized Representative at closing of the Financing, and (2) a recurring administration fee paid by Property Owner to Authorized Representative until the Assessment is released. The recurring administration fee amount shall be collected by Lender and paid to Authorized Representative not later than thirty (30) days after receipt by Lender, unless otherwise agreed to in writing by Authorized Representative. Notwithstanding the foregoing, in the event of a delinquency in the payment of any Installment, Lender shall, upon notice to Authorized Representative, withhold payment of any administration fee due to Authorized Representative in connection with such Installment until the Installment is paid. Property Owner agrees that any such temporary withholding shall not reduce the amount of the administration fees included in the Assessment or due to Authorized Representative. The amounts due to Authorized Representative are identified in Exhibit C hereto. When the Assessment, Contractual Interest, any prepayment penalty, and any penalties, interest, fees and costs due under or authorized by the PACE Act and the Financing Documents, have been paid in full, Local Government's rights under this Owner Contract shall cease and terminate, except for rights under Sections 18, 20, 21 and 22. Upon notice from Lender that all amounts due have been paid in full, Authorized Representative 3 v. 7—AR—ONLY PACE Owner Contract shall execute a release of the Assessment and this Owner Contract and record the release. As required by Section 399.009(a) (8) of the PACE Act, the period during which such Installments are payable does not exceed the useful life of the Project. 4. Assignment of Right to Receive Installments or Require Enforcement of Lien. Property Owner acknowledges that Lender has the right, without the consent of Property Owner, to assign or transfer the right to receive the Installments or require Local Government to enforce the assessment lien in the event of a default in payment, together with all corresponding obligations, provided that all of the following conditions are met: (a) The assignment or transfer is made to a qualified lender as defined in the Lender Contract; (b) Property Owner and Authorized Representative are notified in writing of the assignment or transfer and the address to which payment of the future Installments should be mailed not less than 30 days before the next Installment is due according to the payment schedule included in the Financing Documents, and (c) The assignee or transferee executes a written assumption agreement according to the Financing Documents of all of Lender's rights and obligations under the Lender Contract related to the receipt of the Installments or the enforcement of the assessment lien and provides a copy of such assumption to Property Owner and Authorized Representative not later than 10 days after execution of the agreement. Lender may assign or transfer the right to receive the Installments or the right to require enforcement of the assessment lien separately. Upon written notice to Property Owner and Authorized Representative of an assignment or transfer that complies with all of the foregoing conditions, the assignor shall be released of all of the rights and obligations of the Lender under such Lender Contract accruing after the effective date of the assignment that are specified in the assignment or transfer document, and all of such rights and obligations shall be assumed by and transferred to the assignee. Any attempt to assign or transfer the right to receive the Installments or require enforcement of the Assessment lien that does not comply with all of the foregoing conditions is void. Lender shall retain all of the rights and obligations of Lender under the Lender Contract until such rights and obligations are assigned or transferred according to this section. 5. Lien Priority and Enforcement. Pursuant to Sections 399.014 and 399.015 of the PACE Act: (a) Delinquent Installments shall incur penalties and interest on the principal of the Installment in the same manner and in the same amount as delinquent property taxes, pursuant to the statutes in effect at the time of default. Under current statutes, a delinquent Installment incurs a penalty of 6% of the principal amount of the Installment for the first calendar month it is delinquent plus 1 % for each additional month or portion of a month the Installment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an Installment delinquent on July 1 incurs a total penalty of 12% of the principal amount of the delinquent Installment without regard to the number of months it has been 4 v. 7—AR—ONLY PACE Owner Contract delinquent. A delinquent Installment shall also accrue interest on the principal of the Installment at the rate of 1 % for each month or portion of a month that the Installment remains unpaid. Subject to paragraph 16 below, penalties, interest, fees, and costs payable under this paragraph shall be retained by Local Government to compensate it for the cost of enforcing the Assessment. Additional interest at any default rate imposed by Lender pursuant to the Financing Documents, along with any other fees that become due pursuant to the Financing Documents, may be imposed and retained by Lender. (b) The Assessment and any interest or penalties thereon, (1) are a first and prior lien against the Property from the date on which the Notice of Contractual Assessment Lien is recorded in the real property records of Collin County, Texas as provided by Section 399.013 of the PACE Act, until the Assessment, interest, or penalty is paid; and (2) such lien has the same priority status as a lien for any other ad valorem tax, pursuant to Section 399.014(a)(2) of the PACE Act. (c) Pursuant to Section 399.014(b) of the PACE Act, the lien created by the Assessment runs with the land, and any portion of the Assessment that has not yet become due shall not be eliminated by sale or transfer of the Property, or by foreclosure of (i) a property tax lien, or (ii) the lien for a delinquent installment of the Assessment. In the event of a sale or transfer of the Property by Property Owner, the obligation for the Assessment and the Property Owner's obligations under the Financing Documents shall be transferred to the succeeding owner without recourse to Lender, Local Government, or Authorized Representative. (d) In the event of a default by Property Owner in payment of an Installment called for by the Financing Documents or the fling of a case under the U.S. Bankruptcy Code by or against Property Owner, the lien created by the Assessment shall be enforced by Local Government for the benefit of Lender, in the same manner according to Texas Tax Code Secs. 33.41 to 34.23 that a property tax lien against real property may be enforced by a local government, to the extent the enforcement is consistent with Section 50, Article XVI, Texas Constitution. (e) In a suit to collect a delinquent Installment of the Assessment, Local Government shall be entitled to recover costs and expenses, including attorney's fees in the amount of 15% of the total principal amount of the delinquent Installment, penalties, and interest due, in the same manner according to Texas Tax Code Sec. 33.48, as amended from time -to -time, as in a suit to collect a delinquent property tax. Lender shall be entitled to any additional sums due to it under the Financing Documents in connection with a suit to collect a delinquent Installment of the Assessment. (f) As provided in Section 399.014 (a-1) of the PACE Act, after the Notice of Contractual Assessment Lien is recorded in the real property records of the county in which the Property is located, the lien created by the Assessment may not be contested on the 5 v. 7—AR—ONLY PACE Owner Contract basis that the improvement is not a "qualified improvement" or the Project is not a "qualified project", as such terms are defined in Section 399.002 of the PACE Act. 6. Written Contract Required by PACE Act. This Owner Contract constitutes a written contract for the Assessment between Property Owner and Local Government as required by Section 399.005 of the PACE Act. The Notice of Contractual Assessment Lien shall be recorded in the real property records of Collin County, Texas as public notice of the contractual Assessment, in accordance with the requirements of Section 399.013 of the PACE Act. 7. Qualified Improvements. Property Owner agrees and warrants that all improvements purchased, constructed, or installed through the Financing obtained pursuant to this Owner Contract shall be permanently affixed to the Property and shall transfer with the Property to the transferee in the event of a sale or transfer of the Property. Property Owner agrees to provide to Authorized Representative within 30 days after the completion of the Project a verification by an independent third -party reviewer ("ITPR") that the project was properly completed and is operating as intended. Property Owner agrees that Lender may retain the final advance of Financing until such verification is submitted or require Property Owner to pay liquidated damages for a failure to do so, according to paragraph 19 below. 8. Water or Energy Savings. For so long as the Assessment encumbers the Property, Property Owner agrees, on or before January 3 1 " of each year, to report to Authorized Representative the water or energy savings realized through the Project in accordance with the reporting requirements established by Authorized Representative. 9. Construction and Definitions. This Owner Contract is to be construed in accordance with and with reference to the PACE Program and PACE Act. Terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the PACE Program or the PACE Act. 10. BindingEffect. ffect. This Owner Contract is binding upon and inures to the benefit of the parties hereto and their respective heirs, representatives, agents, successors, and assigns. 11. Notices. Unless otherwise specifically provided herein, all notices and other communications required or permitted by this Owner Contract shall be in writing and delivered by first-class mail or by electronic mail, addressed to the other party at the address stated below the signature of such party or at such other address as such party may from time to time designate in writing to the other party, and shall be effective from the date of receipt. 12. Governing Law and Venue. This Owner Contract shall in all respects be governed by and construed in accordance with the laws of the State of Texas without regard to Texas' choice of law provisions. Venue for any disputes or suits between the parties arising from or related to this Owner Contract shall be in a state court locate in the Region, and the parties consent to the personal and subject matter jurisdiction of such state court. 13. Entire Agreement. This Owner Contract, including its exhibits, constitutes the entire agreement between Local Government and Property Owner with respect to the subject 6 v. 7—AR—ONLY PACE Owner Contract matter hereof and may not be amended or altered in any manner except by a document in writing executed by both parties. 14. Captions. Paragraph and section titles are for convenience of reference only and shall not be of any legal effect. 15. Counterparts. This Owner Contract may be executed in any number of counterparts, and each counterpart may be delivered on paper or by electronic transmission, all of which when taken together shall constitute one agreement binding on the parties, notwithstanding that all parties are not signatories to the same counterpart. 16. Interest. Interest and penalties in the event of default, as provided above, are explicitly authorized by Section 399.014(d) of the PACE Act. However, in no event will the total amount of interest on the Assessment, including statutory interest payable to Local Government and Contractual Interest payable to Lender under the Financing Documents, exceed the maximum amount or rate of nonusurious interest that may be contracted for, charged, or collected under Texas law (the "usury limit"). If the total amount of interest payable to Local Government and Contractual Interest payable to Lender exceeds the usury limit, the interest payable to Local Government shall be reduced and any interest in excess of the usury limit shall be credited to the amount payable to Local Government or refunded. This provision overrides any conflicting provisions in this Owner Contract. 17. Costs. No provision of this Owner Contract shall require Local Government to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. 18. Inspection and Audits. Local Government's representatives may perform, or have performed, (a) audits of Property Owner's documents, books and records, and (b) inspections of all places where Qualified Improvements are undertaken in connection with this Owner Contract. Property Owner shall keep its documents, books and records available for this purpose for at least three (3) years after this Owner Contract terminates. This provision does not affect the applicable statute of limitations. 19. Further Assurances. Property Owner further covenants and agrees to do, execute and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Owner Contract as may be reasonably necessary or required. 20. Release. PROPERTY OWNER AGREES TO AND SHALL RELEASE THE LOCAL GOVERNMENT, ITS AUTHORIZED REPRESENTATIVES, AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "RELEASED PERSONS") FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS OWNER CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE RELEASED PERSON'S SOLE OR CONCURRENT NEGLIGENCE AND/OR THE RELEASED PERSON'S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, AND EVEN IF THE 7 v. 7—AR—ONLY PACE Owner Contract INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE RELEASED PERSON'S WRONGFUL ACTION OR INACTION. 21. Indemnification. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PROPERTY OWNER SHALL INDEMNIFY AND HOLD LOCAL GOVERNMENT, ITS AUTHORIZED REPRESENTATIVES, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (EACH SUCH PERSON HEREIN REFERRED TO AS AN "INDEMNITEE") ABSOLUTELY HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS OR RELATED EXPENSES INCURRED BY OR IMPOSED UPON OR ALLEGED TO BE DUE OF INDEMNITEE IN CONNECTION WITH THE EXECUTION OR DELIVERY OF THIS OWNER CONTRACT, THE NOTICE OF CONTRACTUAL ASSESSMENT LIEN, THE FINANCING DOCUMENTS, AND ANY OTHER DOCUMENT OR ANY OTHER AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY, THE PERFORMANCE BY THE PARTIES HERETO OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER OR THEREUNDER, THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR, IN THE CASE OF ANY INDEMNITEE, THE ADMINISTRATION OF THIS OWNER CONTRACT AND ANY OTHER AGREEMENTS RELATED TO THE PROJECT. 22. No Personal Liability. Pursuant to Section 399.019 of the PACE Act, the Property Owner acknowledges that the members of the governing body and employees of the Local Government, and board members, executives, employees, and contractors of the Authorized Representative are not personally liable as a result of exercising any rights or responsibilities under the PACE Program or any agreement in furtherance of the PACE Program. 23. Construction Terms. The Financing Documents executed by Lender and Property Owner must include a requirement that Lender shall withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer ("ITPR), or Property Owner shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. 8 v. 7—AR—ONLY PACE Owner Contract PROPERTY OWNER: By: Name: Title: Address: Email address: ACKNOWLEDGEMENT STATE OF COUNTY OF This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , , on behalf of by (print name) NOTARY PUBLIC, STATE OF SIGNATURE PAGE TO PACE OWNER CONTRACT [1 OF 2] LOCAL GOVERNMENT: ANNA, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov't Code §399.006(b) 10 Name: CHARLENE HEYDINGER Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: Charlene@texaspaceauthority.org ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20_ by Charlene Heydinger, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS SIGNATURE PAGE TO PACE OWNER CONTRACT [2 OF 2] OWNER CONTRACT EXHIBIT A NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT OWNER CONTRACT EXHIBIT B MORTGAGE HOLDER(S) CONSENT OWNER CONTRACT EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment Frequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Retainage or Liquidated Damages: Lender shall retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer ("ITPR") is provided to Authorized Representative. M Property Owner shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Lender shall then provide the report of completion to Authorized Representative. Additional Construction Terms Date Draw down Purpose Amount EXHIBIT 3 FORM LENDER CONTRACT 14 FORM PACE LENDER CONTRACT THIS PROPERTY ASSESSED CLEAN ENERGY ("PACE") LENDER CONTRACT including the attached exhibits ("Lender Contract") is made as of the day of , ("Effective Date") by and between the City of Anna, Texas ("Local Government") and ("Lender"). Local Government and Lender are hereafter referred to collectively as "the parties" or individually as "party." RECITALS A. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, authorizes the governing body of a local government to establish a program and designate a region within the local government's jurisdiction within which an authorized representative of the local government may enter into written contracts with the record owners of privately owned commercial, industrial, and large multifamily residential (5 or more dwelling units) real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. B. Local Government has established a program under the PACE Act pursuant to a resolution dated , adopted by the ("PACE Program"), and has designated Texas Property Assessed Clean Energy Authority, d/b/a Texas PACE Authority as the representative of Local Government ("Authorized Representative") authorized to enter into the written contracts with the owners of such property and the providers of such financing described herein, and has designated the entire territory within the boundaries of the City of Anna, Texas jurisdiction, including the City's extraterritorial jurisdiction, as a region (the "Region") within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owner's property pursuant to the PACE Program. C. Pursuant to Application number , ("Property Owner"), the sole legal and record owner of the following qualified "real property," as defined in Section 399.002 of the PACE Act, within the Region has/have applied to Local Government to participate in the PACE Program with respect to certain real property located at Texas, - (the "Property") (the Property being more particularly described in the Notice of Contractual Assessment Lien, attached hereto as Exhibit A to the Owner Contract which appears below as Exhibit A to this Lender Contract) by installing or modifying on the Property certain permanent improvements which are intended to decrease water or energy consumption or demand, and which are or will be fixed to the Property as "qualified improvements", as defined in Section 399.002 of the PACE Act ("Qualified Improvements"). The installation or modification of such Qualified Improvements on the 1 v. 8 AR ONLY PACE Lender Contract Property will be a "qualified project" as defined in Section 399.002 of the PACE Act (the "Project"). D. Property Owner and Local Government have entered into a written contract as required by Section 399.005 of the PACE Act, a copy of which is attached hereto as Exhibit A and made a part hereof (the "Owner Contract"), in which Property Owner has requested that Local Government impose an assessment (the "Assessment") on the Property as set forth in the Notice Of Contractual Assessment Lien Pursuant To Property Assessed Clean Energy Act to be filed in the real property records of Collin County, Texas (the "Notice of Contractual Assessment Lien"), to repay the financing of such Qualified Improvements. A copy of the Notice of Contractual Assessment Lien is attached as Exhibit A to the Owner Contract which appears below as Exhibit A to this Lender Contract and made a part hereof. The Property, Qualified Improvements, and Assessment are more fully described in the Notice of Contractual Assessment Lien. E. Financing for the Project ("Financing") shall be provided to Property Owner by Lender in accordance with financing documents which are described in or copies of which are attached as Exhibit C to the Owner Contract attached hereto as Exhibit A and made a part hereof (the "Financing Documents"). Such Financing includes only those costs and fees for which an assessment may be imposed under Section 399.006 (e) of the PACE Act. This Lender Contract is entered into between Local Government and Lender as required by Section 399.006(c) of the PACE Act to provide for repayment of the Financing secured by the Assessment. F. As required by Section 399.010 of the PACE Act, Property Owner has notified the holder(s) of any mortgage liens on the Property at least thirty (30) days prior to the date of the Owner Contract of Property Owner's intention to participate in the PACE Program. The written consent of each mortgage lien holder to the Assessment was obtained on or prior to the date of the Owner Contract, as shown by the copy of such consent(s) attached as Exhibit B to the Owner Contract which appears below as Exhibit A to this Lender Contract. AGREEMENT The parties agree as follows: 1. Maintenance and Enforcement of Assessment. Lender agrees to provide Financing for the Project in the total principal amount of $ , according to the terms set out in the Financing Documents attached hereto as Exhibit C to the Owner Contract attached as Exhibit A. In the event the actual total of costs and fees for which an assessment may be imposed under the PACE Act is different from the stated amount or any other term requires correction, Local Government, Property Owner, and Lender agree to execute an amended Owner Contract and Lender Contract, and Authorized Representative shall record an amended Notice of Contractual Assessment Lien. In consideration for the Financing provided or to be provided by Lender for the Project, and subject to the terms and conditions of this Lender Contract, Local Government agrees to maintain and continue the Assessment for the benefit of Lender until the Assessment, all contractual interest due to Lender according to the Financing Documents ("Contractual Interest"), any prepayment penalty, and any penalties, interest, fees, attorney's fees, and costs due under or authorized by the PACE Act and the Financing Documents are paid in full, and to release 2 v. 8 AR ONLY PACE Lender Contract the Assessment upon notice from Lender of such payment in full. Local Government shall not release, sell, assign or transfer the Assessment or the lien securing it without the prior written consent of Lender. Local Government agrees to enforce the assessment lien against the Property at the request of Lender in the event of a default in payment by Property Owner in accordance with the provisions set forth in paragraph 6. Local Government shall have no obligation to repurchase the Assessment and no liability to Lender should there be a default in the payment thereof or should there be any other loss or expense suffered by Lender or under any other circumstances. 2. Installments. The Assessment and Contractual Interest thereon are due and payable to Lender in installments ("Installments") according to the payment schedule set forth in the Financing Documents attached hereto as Exhibit C to the Owner Contract attached as Exhibit A. The Assessment includes (1) an application fee paid by Property Owner to Authorized Representative at closing of the Financing and (2) a recurring administration fee paid by Property Owner to Authorized Representative until the Assessment is released. The recurring administration fee amount shall be collected by Lender and paid to Authorized Representative not later than thirty (30) days after receipt by Lender, unless otherwise agreed to in writing by Authorized Representative. Notwithstanding the foregoing, in the event of delinquency in the payment of any Installment, Lender shall, upon notice to Authorized Representative, withhold payment of any amounts due to Authorized Representative in connection with such Installment until the Installment is paid. Lender agrees that any such temporary withholding shall not reduce the amount of administration fees included in the Assessment or due to Authorized Representative. The amounts due to Authorized Representative are identified in Exhibit C to the Owner Contract attached hereto as Exhibit A. As required by Section 399.009(a)(8) of the PACE Act, the period during which such Installments are payable does not exceed the useful life of the Project. 3. Assignment of Right to Receive Installments or Require Enforcement of Lien. Lender has the right, without the consent of Property Owner, to assign or transfer the right to receive the Installments or require Local Government to enforce the assessment lien in the event of a default in payment, together with the corresponding obligations, provided that all of the following conditions are met: (a) The assignment or transfer is made to a qualified lender, which may be one of the following: (1) Any federally insured depository institution such as a bank, savings bank, savings and loan association and federal or state credit union; (2) Any insurance company authorized to conduct business in one or more states; (3) Any registered investment company, registered business development company, or a Small Business Administration small business investment company; (4) Any publicly traded entity; or (5) Any private entity that: 3 v. 8 AR ONLY PACE Lender Contract (i) Has a minimum net worth of $5 million; (ii) Has at least three years' experience in business or industrial lending or commercial real estate lending (including multifamily lending), or has a lending officer that has at least three years' experience in business or industrial lending or commercial real estate lending; (iii) Can provide independent certification as to availability of funds; and (iv) Has the ability to carry out, either directly or through a servicer, the bookkeeping and customer service work necessary to manage the assessment accounts (6) A financially stable entity, whether or not from the list above, with the ability to carry out, either directly or through a servicer, the obligations of this Lender Contract related to the receipt and accounting of the Installments or the enforcement of the assessment lien. (b) Property Owner and Authorized Representative are notified in writing of the assignment or transfer and the address to which payment of the future Installments should be mailed not less than 30 days before the next Installment is due according to the payment schedule included in the Financing Documents; and (c) The assignee or transferee executes a written assumption agreement according to the Financing Documents of all of Lender's rights and obligations under this Lender Contract related to the receipt of the Installments or enforcement of the assessment lien and provides a copy of such assumption to Property Owner and Authorized Representative not later than 10 days after execution of the agreement. Lender may assign or transfer the right to receive the Installments or the right to require enforcement of the assessment lien separately. Upon written notice to Property Owner and Authorized Representative of an assignment or transfer that complies with all of the foregoing conditions, the assignor shall be released of all of the rights and obligations of the Lender under this Lender Contract accruing after the effective date of the assignment that are specified in the assignment or transfer document, and all of such rights and obligations shall be assumed by and transferred to the assignee. Any attempt to assign or transfer the right to receive the Installments or to require enforcement of the Assessment lien that does not comply with all of the foregoing conditions is void. Lender shall retain all of the rights and obligations of Lender under this Lender Contract until such rights and obligations are assigned or transferred according to this section. 4. Financing Responsibility. Lender assumes full responsibility for determining the financial ability of the Property Owner to repay the Financing, advancing the funds as set forth in the Financing Documents and performing Lender's obligations and responsibilities thereunder. 4 v. 8 AR ONLY PACE Lender Contract In the event the assessment lien on the Property is enforced by foreclosure as provided below, Lender shall have no further obligations to Property Owner with respect to the Installments that were the subject of the foreclosure, but Lender shall retain the rights to enforcement of the lien for any Installments that are not eliminated by the foreclosure, and the succeeding owner of the Property shall be subject to such lien. 5. Lien Priority and Enforcement. As provided in the Owner Contract and Sections 399.014 and 399.015 of the PACE Act: (a) Delinquent Installments shall incur penalties and interest on the principal of the Installment in the same manner and in the same amount as delinquent property taxes, pursuant to the statutes in effect at the time of default. Under the current statutes a delinquent Installment incurs a penalty of 6% of the principal amount of the Installment for the first calendar month it is delinquent plus 1 % for each additional month or portion of a month the Installment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an Installment delinquent on July 1 incurs a total penalty of 12% of the principal amount of the delinquent Installment without regard to the number of months it has been delinquent. A delinquent Installment shall also accrue interest on the principal of the Installment at the rate of 1 % for each month or portion of a month that the Installment remains unpaid. Subject to paragraph 16 below, penalties, interest, fees, and costs payable under this paragraph shall be retained by Local Government to compensate it for the cost of enforcing the Assessment. Additional interest at any default rate imposed by Lender pursuant to the Financing Documents, along with any other fees and charges that become due pursuant to the Financing Documents may be imposed and retained by Lender. (b) The Assessment and any interest or penalties thereon, (1) are a first and prior lien against the Property from the date on which the Notice of Contractual Assessment Lien is recorded in the real property records of Collin County, Texas, as provided by Section 399.013 of the PACE Act, until the Assessment, interest, or penalty is paid; and (2) such lien has the same priority status as a lien for any other ad valorem tax, pursuant to Section 399.014(a)(2) of the PACE Act. (c) Pursuant to Section 399.014(b) of the PACE Act, the lien created by the Assessment runs with the land, and any portion of the Assessment that has not yet become due shall not be eliminated by foreclosure of (i) a property tax lien, or (ii) the lien for a delinquent Installment of the Assessment. In the event of a sale or transfer of the Property by Property Owner, the obligation for the Assessment and the Property Owner's obligations under the Financing Documents shall be transferred to the succeeding owner without recourse to Lender, Local Government or Authorized Representative (d) In the event of a default by Property Owner in payment of an Installment called for by the Financing Documents or the fling of a case under the U.S. Bankruptcy Code by or against Property Owner, the lien created by the Assessment shall be enforced v. 8 AR ONLY PACE Lender Contract by Local Government for the benefit of Lender according to paragraph 6(c) below in the same manner according to Texas Tax Code Secs. 33.41 to 34.23 that a property tax lien against real property may be enforced by a local government, to the extent the enforcement is consistent with Section 50, Article XVI, Texas Constitution. (e) In a suit to collect a delinquent Installment of the Assessment, Local Government shall be entitled to recover costs and expenses, including attorney's fees in the amount of 15% of the total principal amount of the delinquent Installment, penalties, and interest due, in the same manner according to Texas Tax Code Sec. 33.48 as in a suit to collect a delinquent property tax. Lender shall be entitled to any additional sums due to it under the Financing Documents in connection with a suit to collect a delinquent Installment of the Assessment. (f) As provided in Section 399.014(a-1) of the PACE Act, after written notice of the Assessment is recorded in the real property records of the county in which the Property is located, the lien created by the Assessment may not be contested on the basis that the improvement is not a "qualified improvement" or the Project is not a "qualified project", as such terms are defined in Section 399.002 of the PACE Act. 6. Servicing and Enforcement of Assessment. (a) Servicing. The Installments and other amounts due under the Financing Documents shall be billed, collected, received, and disbursed in accordance with the procedures set out in the Financing Documents. Lender or its designee shall be responsible for all servicing duties other than those specifically undertaken by Local Government in this Lender Contract. Authorized Representative shall deliver an annual notice of assessment to Property Owner by first class mail or electronic mail each year until the Assessment is released. If requested by Property Owner in the Owner Contract, and subject to consent by the county tax assessor and collector, Local Government agrees to also send an annual notice of assessment to Property Owner by first class mail in the envelope with the tax bill of the Property each year until the Assessment is released. However, any failure of Local Government or Authorized Representative to deliver an annual notice of assessment to Property Owner shall not affect the Assessment or Property Owner's obligations under the Owner Contract. (b) Remittances. Each of the parties covenants and agrees to promptly remit to the other party any payments incorrectly received by such party with respect to the Assessment after the execution of this Lender Contract. (c) Default and Enforcement. In the event of a default in payment of any Installment according to the Financing Documents, Lender agrees to take at least the following steps to collect the delinquent Installment: (1) Mail a written notice of delinquency and demand for payment to the Property Owner by both certified mail, return receipt requested, and first class mail; and 6 v. 8 AR ONLY PACE Lender Contract (2) Mail a second notice of delinquency and demand for payment to the Property Owner by both certified mail, return receipt requested, and first-class mail at least 30 days after the date of the first notice if the delinquency is continuing. A copy of the second notice of delinquency shall also be mailed to the holder of any mortgage lien on the property. The holder of any mortgage lien on the Property shall have not less than a 30-day right to cure the delinquency by paying the amount of the delinquent installment. If the Property Owner fails to cure the delinquency on or before the 30th day after the mailing of the second notice of delinquency, Lender or its designee may notify Authorized Representative in writing of a default in payment by Property Owner. Upon receipt of such notice and after doing its own due diligence, including delivering a notice of foreclosure to Freddie Mac not less than 30 days prior to the foreclosure if the mortgage lien is held by Freddie Mac, Authorized Representative shall certify the default to Local Government, which will enforce the assessment lien for the benefit of Lender pursuant to Sec. 399.014(c) of the PACE Act, in the same manner as a property tax lien against real property may be enforced, to the extent the enforcement is consistent with Section 50, Article XVI, Texas Constitution. However, if a case under the U.S. Bankruptcy Code is filed by or against Property Owner or if the enforcement of the assessment lien is prevented by the order of a court, Local Government shall notify Authorized Representative and shall file a proof of claim for the balance of the assessment, accrued interest and penalties, and all costs and expenses, including attorney's fees, as authorized by Section 399.014 of the PACE Act. Authorized Representative shall notify Lender of the filing of the proof of claim. Lender shall not be required to mail a notice of delinquency to Property Owner or a notice of default to Local Government. Lender shall reimburse Local Government for any costs and expenses, including attorney's fees, required to file and present the claim. (d) Priori . Pursuant to Sec. 399.014(a)(2) of the PACE Act, if the assessment lien is enforced by foreclosure or collected through a bankruptcy or similar proceeding, the assessment balance and any interest or penalties on the assessment shall have the same priority status as a lien for any other ad valorem tax. (e) Final Payment and Release. When the Assessment, Contractual Interest, any prepayment penalty, and any penalties, interest, fees, attorney fees, or costs due under or authorized by the PACE Act or the Financing Documents have been paid in full, Local Government's rights under the Owner Contract shall cease and terminate. Upon notice from Lender that all amounts due have been paid in full Authorized Representative on behalf of Local Government, shall execute a release of the Assessment and the Owner Contract and record the release. (f) Limitations on Local Government's Actions. Local Government shall not enter into any amendment or modification of or deviation from the Owner Contract without the prior written consent of Lender. Local Government or Authorized Representative shall not institute any legal action with respect to the Owner Contract, the Assessment, or the assessment lien without the prior written request of Lender. 7 v. 8 AR ONLY PACE Lender Contract (g) Limitations of Local Government's Obligations. Local Government undertakes to perform only such duties as are specifically set forth in this Lender Contract, and no implied duties on the part of Local Government are to be read into this Lender Contract. Local Government shall not be deemed to have a fiduciary or other similar relationship with Lender. Local Government may request written instructions for action from Lender and refrain from taking action until it receives satisfactory written instructions. Local Government shall have no liability to any person for following such instructions, regardless of whether they are to act or refrain from acting. (h) Costs. No provisions of this Lender Contract shall require Local Government to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. 7. Lender's Warranties and Representations. With respect to this Lender Contract, Lender hereby warrants and represents that on the date on which Lender executes this Lender Contract: (a) Lender is a qualified lender under the PACE Program, as defined in paragraph 3(a) above, and is fully qualified under the PACE Program to enter into this Lender Contract and the Financing Documents; (b) Lender has independently and without reliance upon Local Government conducted its own credit evaluation, reviewed such information as it has deemed adequate and appropriate, and made its own analysis of the Owner Contract, the Project, and Property Owner's financial ability to perform the financial obligations set out in the Financing Documents; and (c) Lender has not relied upon any investigation or analysis conducted by, advice or communication from, or any warranty or representation by Local Government, Authorized Representative, or any agent or employee of Local Government, express or implied, concerning the financial condition of the Property Owner or the tax or economic benefits of an investment in the Assessment. 8. Written Contract Required by the PACE Act. This Lender Contract constitutes a written contract between Local Government and Lender, as required under Section 399.006 (c) of the PACE Act. 9. Construction and Definitions. This Lender Contract is to be construed in accordance with and with reference to the PACE Program and PACE Act. Terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the PACE Program, or the PACE Act. 10. BindingEffect. ffect. This Lender Contract is binding upon and inures to the benefit of the parties hereto and their respective representatives, agents, successors, and assigns. 11. Notices. Unless otherwise specifically provided herein, all notices and other communications required or permitted hereunder shall be in writing and delivered (a) by electronic 8 v. 8 AR ONLY PACE Lender Contract mail to admin&texaspaceauthority.org with written confirmation of receipt, or (b) by first-class mail addressed to the other parry at the mailing address stated below the signature of such parry or at such other address as such parry may from time to time designate in writing to the other parry, and shall be effective from the date of receipt. 12. Governing Law and Venue. This Lender Contract shall in all respects be governed by and construed in accordance with the laws of the State of Texas without regard to Texas' choice of law provisions. Venue for any disputes or suits between the parties arising from or related to this Lender Contract shall be in a state court located in the Region, and the parties consent to the personal and subject matter jurisdiction of such state court. 13. Entire Agreement. This Lender Contract, including its exhibits, constitutes the entire agreement between Local Government and Lender with respect to the subject matter hereof and shall not be amended or altered in any manner except by a document in writing executed by both parties. 14. Further Assurances. Lender further covenants and agrees to do, execute and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Lender Contract as may be reasonably necessary or required. 15. Captions. Paragraph and section titles are for convenience of reference only and shall not be of any legal effect. 16. Counterparts. This Lender Contract may be executed in any number of counterparts, and each counterpart may be delivered on paper or by electronic transmission, all of which when taken together shall constitute one agreement binding on the parties, notwithstanding that all parties are not signatories to the same counterpart. 17. Interest. Interest and penalties in the event of default, as provided above, are explicitly authorized by Section 399.014(d) of the PACE Act. However, in no event will the total amount of interest on the Assessment, including statutory interest payable to Local Government and Contractual Interest payable to Lender under the Financing Documents, exceed the maximum amount or rate of nonusurious interest that may be contracted for, charged, or collected under Texas law (the "usury limit"). If the total amount of interest payable to Local Government and Contractual Interest payable to Lender exceeds the usury limit, interest payable to Local Government shall be reduced and any interest in excess of the usury limit shall be credited to the amount payable to Local Government or refunded. This provision overrides any conflicting provisions in this Lender Contract. 18. Certification. Local Government certifies that the PACE Program has been duly adopted and is in full force and effect on the date of this Lender Contract. Property Owner has represented to Lender and Local Government that the Project is a "qualified project" as defined in the PACE Program and Section 399.002 of the PACE Act. The Assessment has been imposed on the Property as a lien in accordance with the PACE Owner Contract and the PACE Act. Local Government has not assigned or transferred any interest in the Assessment or the PACE Owner Contract. 0 v. 8 AR ONLY PACE Lender Contract 19. Inspection and Audits. Local Government's representatives may perform, or have performed, audits of Lender's documents, books and records. Lender shall keep its documents, books and records available for this purpose for at least three (3) years after this Lender Contract terminates. This provision does not affect the applicable statute of limitations. 20. No Personal Liability. Pursuant to Section 399.019 of the PACE Act, the Lender acknowledges that the members of the governing body and employees of the Local Government, and board members, executives, employees, and contractors of the Authorized Representative are not personally liable as a result of exercising any rights or responsibilities under the PACE Program or any agreement in furtherance of the PACE Program. 21. Construction Terms. The Financing Documents executed by Lender and Property Owner must include a requirement that Lender shall withhold % of the Financing until verification is provided to Authorized Representative by an Independent Third Party Reviewer ("ITPR) that the Project was properly completed and is operating as intended, or Property Owner shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner on or before the 301 day after completion of the Project, such verification shall be submitted by Lender. If this Lender Contract includes any additional requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D of the Owner Contract attached hereto as Exhibit A and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. 10 v. 8 AR ONLY PACE Lender Contract LENDER: By: Name: Title: Address: Email Address: ACKNOWLEDGEMENT STATE OF This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on by , , on behalf of (print name) NOTARY PUBLIC, STATE OF SIGNATURE PAGE TO PACE LENDER CONTRACT [I OF 2] LOCAL GOVERNMENT: By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov't Code §399.006(b) 10 Name: CHARLENE HEYDINGER Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: Charlene@texaspaceauthority.org ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20_ by Charlene Heydinger, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS SIGNATURE PAGE TO PACE LENDER CONTRACT [2 OF 2] LENDER CONTRACT EXHIBIT A OWNER CONTRACT EXHIBIT 4 FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT 15 FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT STATE OF TEXAS § COUNTY OF COLLIN § RECITALS A. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, authorizes the governing body of a local government to establish a program and designate a region within the local government's jurisdiction within which an authorized representative of the local government may enter into written contracts with the record owners of privately owned commercial, industrial, and large multifamily residential (5 or more dwelling units) real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. Unless otherwise expressly provided herein, all terms used herein have the same meanings ascribed to them in the PACE Act. B. Anna, Texas ("Local Government") has established a program under the PACE Act ("PACE Program") pursuant to a resolution dated , adopted by the City Council, and has designated Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, as the representative of Local Government ("Authorized Representative") authorized to enter into and enforce the written contracts with the owners of such property and the providers of such financing described herein, and has designated the entire territory within the boundaries of Anna, Texas, including the City's extraterritorial jurisdiction, as a region (the "Region") within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owners' property pursuant to the PACE Program. C. ("Property Owner") is/are the sole legal and record owner of the qualified "real property," as defined in Section 399.002 of the PACE Act, within the Region located at _ , , Texas - and more fully described in Exhibit A attached hereto and made a part hereof (the "Property"). D. Property Owner has applied to Local Government to participate in the PACE Program by installing or modifying on the Property certain permanent improvements described in Exhibit B attached hereto and made a part hereof, which are intended to decrease water or energy consumption or demand and which are or will be fixed to the Property as "qualified improvements", as defined in Section 399.002 of the PACE Act (the "Qualified Improvements"). The installation or modification of such Qualified Improvements on the Property will be a "qualified project" as defined in Section 399.002 of the PACE Act (the "Project"). Property Owner has entered into a written contract (the "Owner Contract") with Local Government pursuant to the PACE Act and the PACE Program and has requested Local Government to impose an assessment on the Property to repay the financing of such Qualified Improvements. v.7AR PACE Notice of Contractual Assessment Lien 1 E. The financing of such Qualified Improvements will be provided to Property Owner by ("Lender"), a qualified lender selected by Property Owner, pursuant to a written contract executed by Lender and Local Government as required by PACE Program and Section 399.006(c) of the PACE Act (the "Lender Contract"). Lender will be responsible for all servicing duties other than those specifically undertaken by Local Government in the Lender Contract. THEREFORE, Local Government hereby gives notice to the public pursuant to Section 399.013 of the PACE Act that it has imposed an assessment on the Property in the principal amount of $ (the "Assessment"). The Assessment includes only those costs and fees for which an assessment may be imposed under Section 399.006(e) of the PACE Act. In the event that the actual total of costs and fees for which an assessment may be imposed is different from the amount stated or any other term requires correction, Local Government, Property Owner, and Lender will execute an amended Owner Contract and Lender Contract, and Authorized Representative will record an amended Notice of Contractual Assessment Lien. The Assessment and contractual interest thereon due to the Lender (the "Contractual Interest') are due and payable in installments ("Installments") in accordance with the terms and payment schedule included in the financing documents executed between Property Owner and Lender that are described in or copies of which are attached hereto as Exhibit C (the "Financing Documents"). Pursuant to Section 399.014 of the PACE Act, 1. The Assessment, including any interest, costs, fees, attorney fees, or penalties accrued thereon, (i) are a first and prior lien against the Property from the date on which this Notice of Contractual Assessment Lien is recorded in the real property records of Collin County, Texas, until the Assessment, interest, or penalty is paid; and (ii) such lien has the same priority status as a lien for any other ad valorem tax, pursuant to Section 399.014(a)(2) of the PACE Act. 2. Pursuant to Section 399.014(b) of the PACE Act, the lien created by the Assessment runs with the land, and any portion of the Assessment that has not yet become due will not be eliminated by foreclosure of: (i) a property tax lien, or (ii) the lien for a delinquent Installment of the Assessment. In the event of a sale or transfer of the Property by Property Owner, the obligation for the Assessment and the Property Owner's obligations under the Financing Documents will be transferred to the succeeding owner without recourse to Local Government, or Authorized Representative. As provided in Section 399.014(a-1) of the PACE Act, after this Notice of Contractual Assessment Lien is recorded in the real property records of the county in which the Property is located, the lien created by the Assessment may not be contested on the basis that the improvement is not a "qualified improvement" or the Project is not a "qualified project", as such terms are defined in Section 399.002 of the PACE Act. EXECUTED on , v.7AR PACE Notice of Contractual Assessment Lien 2 LOCAL GOVERNMENT: ANNA, TEXAS By: Texas Property Assessed Clean Energy Authority AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov't Code §399.006(b) Name: CHARLENE HEYDINGER Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 E-mail: charlene@texaspaceauthority.org ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This Notice of Contractual Assessment Lien pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20_ by Charlene Heydinger, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS v.7AR PACE Notice of Contractual Assessment Lien 3 NOTICE OF LIEN EXHIBIT A PROPERTY DESCRIPTION v.7AR PACE Notice of Contractual Assessment Lien NOTICE OF LIEN EXHIBIT B QUALIFIED IMPROVEMENTS v.7AR PACE Notice of Contractual Assessment Lien NOTICE OF LIEN EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment Frequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed v.7AR PACE Notice of Contractual Assessment Lien INDEXING INSTRUCTION: Grantor: , Property Owner Grantees: Anna, Texas, Local Government , Lender After recording, return to- Texas PACE Authority Charlene Heydinger PO Box 200368 Austin, TX 78720-0368 v.7AR PACE Notice of Contractual Assessment Lien 7 City of Anna 111 North Powell Parkway Anna, TX 75409 972-924-3325 www.annatexas.gov �/=11• � 1l�11� Memorandum No: 21-102 Date. October 19, 2021 To: Honorable Mayor and City Cour From. Jim Proce, ICMA-CM, City Mana THE CITY OF Re: City of Anna PACE Program Request and Establishment Considerations On October 5, 2021, the Economic Development Department was asked by a representative of Anna Villages to consider adopting a City of Anna Texas Property Assessed Clean Energy (PACE) program. This voluntary program was approved by State legislation (Chapter 399 of the Local Government Code) and is established by local governments to facilitate the use of private capital to finance water conservation and energy efficiency projects to eligible commercial, multifamily, nonprofit, and industrial property owners. There is no financial liability to the City because the City never touches the money. Property owners choose a private sector capital provider and voluntarily request that the City place a senior lien on the property for the total cost of the project. The owner commits to the City that they will pay the assessment installments while the voluntary land -secured assessment is paid off over time. The energy and/or water savings are structured to exceed the cost of the assessment so that projects are cash flow positive. The assessment is tied to the property and the repayment obligation transfers to the next property owner if the property is sold. If the property owner fails to pay, the statute says the local government collects the payment in the same process as back taxes, but this has not happened in over 130 programs throughout the State of Texas. Other area cities that have established PACE Programs include: Prosper, Princeton, Gainesville, Corinth, Rowlett, and Dallas, as well as Tarrant County. Anna Villages The proposed multifamily project is located on State Highway 5, south of FM-455/White Street. The property is currently zoned for up to 281 multifamily units per Ordinances 631-2013 and 692-2015. Anna Villages stated 20% of their project would be PACE funding eligible. Program Administration There is no additional staff needed as the City would adopt a professional services agreement for a third - party to administer the program. Existing Economic Development staff would manage the agreement. The Texas PACE Authority is anon -profit organization that could administer the program. They collect an administrative fee from the property owner to pay for their staff needs. Lone Star PACE is another organization that administers City PACE Programs. The Anna Villages team would work with the third party selected to get projects approved and work with private groups for underwriting and capital financing of said projects. The North Central Texas Council of Governments is also creating a regional PACE administration program that would allow local governments who have established a PACE program to sign a professional services agreement for NCTCOG to administer their program using a third -party selected through a competitive process. Pending Board approval, the NCTCOG expects to be able to begin formally partnering with City PACE programs in early 2022. Decision Points • The program may be applied to the city limits or the entire extraterritorial jurisdiction (ETJ). To allow future projects to take advantage of this program, staff recommends applying the program to the ETJ. • The City may consider a professional services agreement for program administration with the TX - PACE Authority (as soon as the November 9 City Council meeting) or conduct a competitive process (30+ day process) or the NCTCOG through their selected administrator (early 2022). Next Steps 1. A report will be available on the Economic Development website prior to the October 26 City Council meeting. 2. Next Council Meeting (October 26) the City Council will review adoption of a resolution of intent to establish the PACE Program and set a hearing date. 3. At the November 9 City Council Meeting, the City Council will hold a public hearing and review adoption of a resolution to establish the PACE Program. 4. Consider a professional services agreement with TX -PACE Authority (November 9 City Council meeting) or hold until NCTCOG is ready for agreements in early 2022. Exhibit I: TX -PACE for Local Government Flyer THE CITY OF Anna AGENDA ITEM: irff,711111►nrAR City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Joey Grisham Consider/Discuss/Action on a Resolution to Establish a City of Anna Property Assessed Clean Energy (PACE) Program. (Director of Economic Development Joey Grisham) SUMMARY: On October 26, 2021 the City Council approved a resolution of intent to establish a Property Assessed Clean Energy (PACE) Program. The resolution before the City Council is to establish a PACE Program. On October 5, 2021, the Economic Development Department was asked by a representative of Anna Villages to consider adopting a City of Anna Texas Property Assessed Clean Energy (PACE) program. This voluntary program was approved by State legislation (Chapter 399 of the Local Government Code) and is established by local governments to facilitate the use of private capital to finance water conservation and energy efficiency projects to eligible commercial, multifamily, nonprofit, and industrial property owners. FINANCIAL IMPACT: There is no financial liability to the City because the City never touches the money. Property owners choose a private sector capital provider and voluntarily request that the City place a senior lien on the property for the total cost of the project. The owner commits to the City that they will pay the assessment installments and the voluntary land -secured assessment is paid off over time. The energy and/or water savings are structured to exceed the cost of the assessment, so projects are cash flow positive. The assessment is tied to the property so the repayment obligation transfers to the next property owner if the property is sold. If the property owner fails to pay, the statute says the local government collects the payment in the same process as back taxes, but this has not happened in over 130 programs throughout the State of Texas. There is no additional staff needed as the City would adopt a professional services agreement for a third -party to administer the program. Existing Economic Development staff would manage the agreement. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Sustainable Anna Community Through Planned Managed Growth. STAFF RECOMMENDATION: Adopt the resolution to create a PACE program for the City of Anna and ETJ. ATTACHMENTS: 1. Anna - Res. to Establish a PACE program-ETJ final 2. Anna PACE Report with Exhibits APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ESTABLISHING A PROGRAM UNDER THE TEXAS PROPERTY ASSESSED CLEAN ENERGY ("PACE") ACT OF 2013 FOR THE CITY OF ANNA, AS PROVIDED BY TEXAS LOCAL GOVERNMENT CODE CHAPTER 399. WHEREAS, the 83,d Regular Session of the Texas Legislature enacted the Property Assessed Clean Energy Act, Texas Local Government Code Chapter 399 (the "PACE Act"), which allows the governing body of a local government, including a City or County, to designate an area of the territory of the local government as a region within which an authorized representative of a local government and the record owners of commercial, industrial, and large multifamily residential (5 or more dwelling units) real property may enter into written contracts to impose assessments on the property to repay the financing by the owners of permanent improvements fixed to the property intended to decrease energy or water consumption or demand; WHEREAS, the installation or modification by property owners of qualified energy or water saving improvements to commercial, industrial, and large multifamily residential real property in the City of Anna (the "City") will further the goals of energy and water conservation without cost to the public; WHEREAS, the City of Anna City Council (the "City Council") finds that third -party financing of energy and water conserving projects through contractual assessments maintained by the City ("PACE financing") furthers essential government purposes, including but not limited to, economic development, reducing energy consumption and costs, conserving water resources, and reducing greenhouse gas emissions; WHEREAS, on October 26, 2021 the City Council adopted Resolution No. 2021-10-1031 giving notice of an intent to establish a program under the PACE Act, including a reference to the report on the proposed program prepared as required by Section 399.009 of the PACE Act and made the report available to the public on the City's website and for inspection at City Hall; WHEREAS, City Council finds that the administration of the PACE program by a qualified non- profit organization as an independent third -party Authorized Representative contracted by the City and compensated by application and administration fees paid by the participating property owners, will enable the program to be administered without use of City resources, will assure the objectives of impartiality and confidentiality of owner information, and will be convenient and advantageous to the City; and WHEREAS, City Council also finds that because no City funds will be expended for PACE financing of the Authorized Representative's services, the selection of such an independent third - party Authorized Representative is not subject to the Professional Services Procurement Act or other City purchasing requirements; and WHEREAS, City Council held a public hearing on November 9, 2021 at 6:30 p.m. in the Anna ISD Board Room at 201 E. 7th Street, Anna, Texas 75409, at which the public could comment on the proposed program, including the report available for public inspection as mentioned above and as required by Section 399.008(a)(2); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANN, TEXAS: Section 1. Recitals Incorporated. The recitals to this Resolution are true and correct and are incorporated into this Resolution for all purposes. Section 2. Establishment of Program. The City hereby adopts this Resolution Establishing the Anna Property Assessed Clean Energy Program ("Anna PACE"), herein called "the Program," and finds that financing qualified projects through contractual assessments pursuant to the PACE Act is a valid public purpose and is convenient and advantageous to the City and its citizens. Section 3. Contractual Assessments. The City will, at the property owner's request, impose contractual assessments on the property to repay PACE financing for qualified energy and water conserving projects available to owners of privately owned commercial, industrial, and large multifamily property. Section 4. Qualified Projects. The following types of projects are qualified projects for PACE financing that may be subject to such contractual assessments: Projects that (a) involve the installation or modification of a permanent improvement fixed to privately owned commercial, industrial, or residential real property with five (5) or more dwelling units, and (b) are intended to decrease energy or water consumption or demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. An assessment may not be imposed to repay the financing of facilities for undeveloped lots or lots undergoing development at the time of the assessment or the purchase or installation of products or devices not permanently fixed to real property. Section 5. Region. The boundaries of the entire geographic area within the City's jurisdiction including the City's extraterritorial jurisdiction ("ETJ") are included in the boundaries of the region where PACE financing and assessments can occur. Section 6. Third- Party Financing. Financing for qualified projects under the Program will be provided by qualified third -party lenders chosen by the owners. Such lenders will execute written contracts with the Authorized Representative to service the debt through assessments, as required by the PACE Act. The contracts will provide for the lenders to determine the financial ability of owners to fulfill the financial obligations to be repaid through assessments, advance the funds to owners on such terms as are agreed between the lenders and the owners for the installation or modification of qualified projects, and service the debt secured by the assessments, directly or through a servicer, by collecting payments from the owners pursuant to financing documents executed between the lenders and the owners. City will maintain and continue the assessments for the benefit of such lenders and will enforce the assessment lien for the benefit of a lender in the event of a default by an owner. City will not, at this time, provide financing of any sort for the Anna PACE program. Section 7. Authorized Representative. City Council designates Texas PACE Authority, a non-profit organization, to act as the Authorized Representative with authority to enter into written contracts with the record owners of real property in the City and its ETJ to impose assessments pursuant to the PACE Act to repay the financing of qualified projects on the owners' property, to enter into written contracts with the parties that provide third -party financing for such projects to service the debts through assessments, and to file written notice of each contractual assessment in the real property records of Collin County, all on behalf of Anna. The Authorized Representative may make technical and conforming updates as necessary so long as the changes are consistent with this resolution to establish the PACE program and the statute. The City Manager or his designee will be the liaison with the Authorized Representative. Section 8. Enforcement. The City will enforce the collection of past due assessments and may contract with a qualified law firm to assist in collection efforts. Section 9. Report. The final report on the Anna PACE program, prepared in accordance with Section 399.009 of the Texas Local Government Code is attached and incorporated into this resolution. The City will post this resolution and report on the City's website. Section 10. Amendment of Program. The City Council may amend the Anna PACE Program by resolution. However, another public hearing is required before the Anna PACE Program may be amended to provide for City financing of qualified improvements through assessments. DULY PASSED by the City Council of the City of Anna, Texas, this 9th day of November 2021. ATTESTED: Carrie L. Land City Secretary APPROVED: Nate Pike Mayor REPORT REQUIRED BY TEXAS LOCAL GOVERNMENT CODE SECTION 399.009 FOR PROPOSED PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM This Report is adopted by the City Council for Anna, Texas ("Local Government") Property Assessed Clean Energy (PACE) Program (the "Program") in accordance with the requirements of the Property Assessed Clean Energy Act (the "PACE Act") as set forth in Texas Local Government Code Chapter 399. The Local Government and its constituents benefit when older existing buildings are modified with new technology and equipment that increases energy efficiency and reduces water consumption. As described in this Report, the Local Government is establishing the commercial PACE Program to encourage private sector investment in energy efficiency and water conservation. The PACE Program will be offered to property owners on a strictly voluntary basis and will not require the use of any public funds or resources. Authorized under the PACE Act enacted in 2013, the PACE program is an innovative financing program that enables private sector owners of privately owned commercial, industrial, and multi- family residential properties with five or more dwelling units to obtain low-cost, long-term loans to pay for water conservation, energy -efficiency improvements, and renewable energy retrofits. PACE loans provide up to 100% financing of all project costs, with little or no up -front out-of- pocket cost to the owner. The Local Government has chosen to follow the administrative principles, program processes, and model documents of the uniform Texas PACE in a Box model program.' Loans made under the PACE Program will be secured by assessments on the property that are voluntarily imposed by the owner. Assessments may be amortized over the projected life of the improvements. The utility cost savings derived from improvements financed with PACE loans are expected to equal or exceed the amount of the assessment. In turn, these improvements are able to generate positive cash flow upon installation because the debt service will be less than the savings. PACE assessments are tied to the property and follow title from one owner to the next. Each owner is responsible only for payment of the assessments accruing during its period of ownership. When the property is sold, the payment obligation for the remaining balance of the assessment is transferred automatically to the next owner. As a result, the program will help property owners overcome market barriers that often discourage investment in energy efficiency and water conservation improvements. https://www.keepingpaceintexas.org/pace-in-a-box 1. Eligible Properties The Local Government's PACE program is a strictly voluntary program. All private sector owners of Eligible Properties located within the Local Government's PACE region may participate in PACE financing. "Eligible Properties" include commercial, industrial, and multi- family residential properties with five or more dwelling units. Government, residential', and undeveloped property and property undergoing development at the time of the assessment are not Eligible Properties. 2. Qualified Improvements PACE financing may be used to pay for Qualified Improvements to Eligible Properties. "Qualified Improvements" are permanent improvements intended to decrease water or energy consumption or demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that use energy technology to generate electricity, provide thermal energy, or regulate temperature. Under the PACE Act, products or devices that are not permanently fixed to real property are not considered to be Qualified Improvements. The following items may constitute Qualified Improvements: • High efficiency heating, ventilating and air conditioning ("HVAC") systems • High efficiency chillers, boilers, and furnaces • High efficiency water heating systems • Energy management systems and controls • Distributed generation systems • High efficiency lighting system upgrades • Building enclosure and envelope improvements • Water conservation and wastewater recovery and reuse systems • Combustion and burner upgrades • Heat recovery and steam traps • Water management systems and controls (indoor and outdoor) • High efficiency irrigation equipment 3. Benefits of PACE to Property Owners The PACE program will enable owners of Eligible Properties to overcome traditional barriers to capital investments in energy efficiency and water conservation improvements, such as unattractive returns on investment, split incentives between landlords and tenants, and uncertainty of recouping the investment upon sale of the property. By financing Qualified Improvements through the program, property owners may achieve utility cost savings that exceed the amount of the assessment and reduce their exposure to utility price volatility. As a result, the value of the property will be enhanced, and the owner will only be obligated to pay the assessment installments that accrue during its period of ownership of the property. Additionally, by investing in energy efficiency and water conservation with PACE This encompasses single family residential and any multi -family properties with fewer than five units. financing, property owners may also qualify for various rebate, tax credit, and incentive programs offered by utility providers and state or federal governmental authorities to encourage these types of investments. 4. Benefits of PACE to the Local Government Among other things, projects financed through PACE will: • Enable property owners and occupants to save substantial amounts in utility costs, • Reduce demand on the electricity grid • Mitigate greenhouse gas emissions associated with energy generation • Enhance the value and efficiency of existing buildings • Boost the local economy by creating new job opportunities and new business opportunities for contractors, engineers, commercial lenders, professionals, and equipment vendors and manufactures • Increase business retention and expansion in the PACE region by enabling cost effective energy and water saving updates to existing property • Improve productivity through optimized energy usage • Support the State's water conservation plan • Better enable the Local Government to meet its water conservation goals Finally, through the reduction in energy consumption as a result of the PACE program, there will be a decreased demand for power resulting in lower emissions from power plants. EPA regulations have significant impacts on air quality standards in Texas. Being non -attainment for priority pollutants in the Clean Air Act endangers federal transportation funding. The PACE program requires minimal support from the Local Government. It is designed to be self-sustaining. Furthermore, because the PACE program is tax neutral, it achieves all of the benefits listed in this Report without imposing a burden on the Local Government's general fund. The 841 Texas Legislature added a provision that explicitly shields the Local Government and its employees, members of the governing body of a local government, employees of a local government, and board members, executives, employees, and contractors of a third party who enter into a contract with a local government to provide administrative services for a program under this chapter.' 5. The Benefits of PACE to Lenders PACE loans are attractive to lenders because they are very secure investments. Like a property tax lien, the assessment lien securing the PACE loan has priority over other liens on the property. Therefore, the risk of loss from non-payment of a PACE loan is low compared to most other types of loans. PACE assessments provide lenders with an attractive new product to assist s TX. Local Gov't Code §399.019. In the 85th legislature, HB 2654 clarified that the personal immunity provisions apply to all elected officials performing rights and duties under chapter 399 of the Local Government Code. existing and new customers in addressing an almost universal pent-up demand for needed commercial and industrial property equipment modernization. In order to protect the interests of holders of existing mortgage loans on the property, the PACE Act requires their written consent to the PACE assessment as a condition to obtaining a PACE loan. 6. The Benefits of PACE to Contractors, Engineers, and Manufacturers PACE loans provide attractive sources of financing for water and energy saving retrofits and upgrades, thereby encouraging property owners to make substantial investments in existing commercial and industrial buildings. As a result, PACE will unlock business opportunities for contractors, engineers, and manufacturers throughout the commercial and industrial sectors. 7. Administration of the Local Government PACE Program Under the PACE Act, the establishment and operation of the program are considered to be governmental functions.' The PACE Act further authorizes the Local Government to enter into a contract with a third party to provide administrative services for the PACE program (the "Authorized Representative'). The Local Government will delegate administration of the PACE program to Texas PACE Authority, a qualified, non-profit organization that can administer the program at no cost to the Local Government. The Authorized Representative's role is to serve as an extension of the local government staff to provide oversight of the program to ensure best practices and consumer protections at the lowest possible cost to the property owner in a transparent and ethical manner and to provide education and outreach. The Authorized Representative will be funded by administrative fees paid by the property owners establishing a PACE project, charitable grants or other authorized sources of revenue. The Authorized Representative will not receive compensation or reimbursement from the Local Government. 8. Eligible Lenders The PACE Act does not set criteria for financial institutions or investors to be PACE lenders. The Local Government will follow best practices of other PACE programs and the Texas PACE in a Box model program by recommending that lenders be: ■ Any federally insured depository institution such as a bank, savings bank, savings and loan association and federal or state credit union; ■ Any insurance company authorized to conduct business in one or more states; ■ Any registered investment company, registered business development company, or a Small Business Administration small business investment company; ■ Any publicly traded entity; or ■ Any private entity that: o Has a minimum net worth of $5 million; and TX Local Government Code §399.003(b) 4 o Has at least three years' experience in business or industrial lending or commercial real estate lending (including multifamily lending), or has a lending officer that has at least three years' experience in business or industrial lending or commercial real estate lending; and o Can provide independent certification as to availability of funds; and All lenders must have the ability to carry out, either directly or through a servicer, the bookkeeping and customer service work necessary to manage the assessment accounts. Any lender can participate in the PACE program as long as it is a financially stable entity with the ability to carry out, either directly or through a servicer, the bookkeeping and customer service work necessary to manage the assessment accounts. The property owner, not the Local Government or the Authorized Representative, selects the lender. The Authorized Representative will not guarantee or imply that funding will automatically be provided from a third -party lender, imply or create any endorsement of, or responsibility for, any lender; or create any type of express or implied favoritism for any eligible lender. 9. Components of the PACE Program As required under Section 399.009 of the PACE Act, the following describes all aspects of the PACE Program: a. Map of Region. A map of the boundaries of the region included in the program is attached to this Report as Exhibit 1. The region encompasses the Local Government limits including the City's extraterritorial jurisdiction. b. Form Contract with Owner. A form contract between the Local Government and the record owner of the Eligible Property is attached as Exhibit 2. It specifies the terms of the assessment under the PACE program and the financing to be provided by an Eligible Lender of the property owner's choosing. Form Contract with Lender. A form contract between the Local Government and the Eligible Lender chosen by a property owner is attached to this Report as Exhibit 3. It specifies the financing and servicing of the debt through assessments. Form Notice of Contractual Assessment Lien. A form Notice of Assessment Lien to be filed by the Local Government with the County Clerk is attached to this Report as Exhibit 4. d. Qualified Improvement. The following types of projects are qualified improvements that may be subject to contractual assessments under the PACE program: Projects that (a) involve the installation or modification of a permanent improvement fixed to privately owned commercial, industrial or residential real property with five (5) or more dwelling units;' and (b) are intended to decrease energy or water consumption or demand by installing a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. 6 A sample list of potential Qualified Improvements appears in Section 2 above. The PACE program may not be used to finance improvements to undeveloped lots or lots undergoing development at the time of the assessment, or for the purchase or installation of products or devices not permanently fixed to real property.' Authorized Representative. HB 3187 was signed into law on June 16, 2015. It authorizes the Local Government to delegate administration of the PACE program to a third -party "Authorized Representative." The Local Government may delegate all official administrative responsibilities, such as the execution of individual contracts with property owners and lenders, to an Authorized Representative. This relationship will be monitored and maintained by the City Manager or his/her designee. f. Project Review. Track and provide a public overview with savings metrics for all PACE projects g. Plans for Insuring Sufficient Capitals. Lenders will extend loans to finance Qualified Improvements. Financing documents executed between owners and lenders will impose a contractual assessment on Eligible Property to repay the owner's financing of the Qualified Improvements. The lenders will ensure that property owners demonstrate the financial ability to fulfill the financial obligations to be repaid through contractual assessments. h. No Use of Bonds or Public Funds. The Local Government does not intend to issue bonds or use any other public monies to fund PACE projects. Property owners will obtain all financing from the Eligible Lenders they choose. i. Limit on Length of Loan. One of the statutory criteria of a PACE loan is that the assessment payment period cannot exceed the useful life of the Qualified Improvement that is the basis for the loan and assessment. As part of the application process, the property owners will submit an independent third -party review prepared by a licensed engineer showing the water or energy baseline 5 TX. Local Gov't Code §399.002(5). 6 TX. Local Gov't Code §399.002(3). TX. Local Gov't Code §399.004. 8 The Texas PACE Authority's website (www.texaspaceauthority.org) offers a non -exhaustive list of interested and qualified lenders to assist property owners in funding PACE projects in Texas. conditions and the projected water or energy savings. This review will aid the Authorized Representative in making a determination that the period of the requested assessment does not exceed the useful life of the Qualified Improvement. j. Application Process. The Authorized Representative will accept applications from property owners seeking to finance Qualified Improvements under the program. Each application must be accompanied by the required application fee and must include: (1) A description of the specific Qualified Improvements to be installed or modified on the property, (2) A description of the specific real property to which the Qualified Improvements will be permanently fixed, and (3) The total amount of financing, including any transaction costs, to be repaid through assessments. Based on this information, the Authorized Representative may issue a preliminary letter indicating that, subject to verification of all requirements at closing, the proposed project appears to meet program requirements. Based on this preliminary letter, the property owner may initiate an independent third -party review of the project and submit the project to Eligible Lenders for approval of financing. Once the above processes are completed, the property owner will submit the application to the Authorized Representative to obtain preliminary approval. The property owner is expected to produce the following documentation prior to closing on the PACE loan: (1) A Report conducted by a qualified, independent third -party reviewer, showing water or energy baseline conditions and the projected water or energy savings, or the amount of renewable energy generated attributable to the project; (2) Such financial information about the owner and the property as the lender chosen by the owner deems necessary to determine that the owner has demonstrated the financial ability to fulfill the financial obligations to be paid through assessments; and (3) All other information required by the Authorized Representative. k. Financial Eli ig bility Requirements. The Authorized Representative will determine whether the owner, the property and the improvements are eligible for financing under the program. The Eligible Lender chosen by the owner will determine whether the owner has demonstrated the financial ability to repay the financial obligations to be collected through contractual assessments. The statutory method' for ensuring such a demonstration of financial ability must be based on appropriate underwriting factors, including the following: TX. Local Gov't Code §399.009(b). (1) verification that the person requesting to participate in the program is the legal record owner of the benefitted property, (2) the applicant is current on mortgage and property tax payments, (3) the applicant is not insolvent or in bankruptcy proceedings, (4) the title of the benefitted property is not in dispute; and (5) there is an appropriate ratio of the amount of the assessment to the assessed value of the property. The Local Government determines that it will follow the Texas PACE in a Box model program recommendation for determining the appropriate loan to assessed value of the property. The Local Government determines to be eligible for PACE financing, the projected savings derived from the Qualified Improvement must be greater than the cost of the PACE assessment and lien over the life of the assessment (i.e., the Savings to Investment Ratio (SIR) should be greater than one, SIR>1). A third -party lender and a for profit -property owner may request a waiver in writing for a project with an SIR < 1 and address the interests of tenants and future property owners. The Authorized Representative may consider factors in a variance request including: (a). Are there other environmental benefits such as air or water quality or resiliency that are not captured in the SIR analysis; (b) Will the proposed qualifying improvements generate environmental marketable credits that can be monetized? (c). What is the SIR calculation for the project (how far below 1?); (d). If the SIR is < 1 over the term of the assessment, is the SIR > 1 over the useful life of the equipment? (e). What is the impact of a variance request on affected third parties? and (f) Other information the owner and lender wish to submit regarding the impact of the qualified improvements on the company and the community. 1. Mortgage Holder Notice and Consent. As a condition to the execution of a written contract between the Authorized Representative and the property owner imposing an assessment under the program, the holder of any mortgage lien on the property must be given notice of the owner's intention to participate in the program on or before the 301 day before the date the contract is executed, and the owner must obtain the written consent of all mortgage holders.'0 in. Imposition of Assessment. The Authorized Representative will enter into a written contract with the property owner, only after: (1) The property owner delivers to the Authorized Representative written consent of all mortgage lien holders; (2) The Authorized Representative's determination that the owner and the property are eligible to participate in the program, that the proposed improvements are reasonably likely to decrease energy or water 10 TX. Local Gov't Code §399.010. consumption or demand, and that the period of the requested assessment does not exceed the useful life of the Qualified Improvements; and (3) The Eligible Lender notifies the Authorized Representative that the owner has demonstrated the financial ability to fulfill the financial obligations to be repaid through contractual assessments. The contract will impose a contractual assessment on the owner's Eligible Property to repay the lender's financing of the Qualified Improvements. The Authorized Representative will file "A Notice of Contractual Assessment Lien," in substantially the form in Exhibit 4 in the Official Public Records of the County in which the property is located, as notice to the public of the assessment, from the date of filing. The contract and the notice must contain the amount of the assessment, the legal description of the property, the name of the property owner, and a reference to the statutory assessment lien provided under the PACE Act. n. Collection of Assessments. The execution of the written contract between the Local Government and the property owner and recording of the Notice of Contractual Assessment Lien incorporate the terms of the financing documents executed between the property owner and with the lender to repay the financing secured by the assessment. The third -party lender will advance financing to the owner, and the terms for repayment will be such terms as are agreed between the lender and the owner. Under the form lender contract attached as Exhibit 3, the lender or a designated servicer will agree to service the debt secured by the assessment." With funds from the lender, the property owner can purchase directly the equipment and materials for the Qualified Improvement and contract directly, including through lease, power purchase agreement, or other service contract, for the installation or modification of the Qualified Improvements. Alternatively, the lender may make progress payments to the property owner as the Qualified Improvement is installed. The lender will receive the owner's assessment payments to repay the debt and remit to the Authorized Representative any administrative fees. The lender will have the right to assign or transfer the right to receive the installments of the debt secured by the assessment, provided all of the following conditions are met: (1) The assignment or transfer is made to an Eligible Lender, as defined above; (2) The property owner and the Authorized Representative are notified in writing of the assignment or transfer and the address to which payment of the future installments should be mailed at least 30 days before the next installment is due according to the schedule for repayment of the debt; and 11 The servicer will be responsible for maintaining payment records, account balances, and reporting to the Authorized Representative as required. (3) The assignee or transferee, by operation of the financing documents or otherwise, written evidence of which shall be provided, assumes lender's obligations under the lender contract. o. Verification Review. After a Qualified Improvement is completed, the Authorized Representative will require the property owner to provide verification by a qualified independent third -party reviewer that the Qualified Improvement was properly completed and is operating as intended. 1I The verification report conclusively establishes that the improvement is a Qualified Improvement and the project is qualified under the PACE program.13 p. Marketing and Education Services. The Program Administrator will provide service provider training workshops for contractors, engineers, property managers and other stakeholders, provide outreach and education for all stakeholders including presentations, conference booths and individual meetings, and provide written and electronic materials such as case studies, flyers, and webinars. q. The Local Government may subsequently enter into agreements with one or more other local governments or non-profit organizations that promote energy and water conservation and/or economic development to provide marketing and education services for the PACE program. Quality Assurance and Antifraud Measures. The Authorized Representative will institute quality assurance and antifraud measures for the Program. The Authorized Representative will review each PACE application for completeness and supporting documents through independent review and verification procedures. The application and required attachments will identify and supply the information necessary to ensure that the property owner, the property itself, and the proposed project all satisfy PACE program underwriting and technical standard requirements. Measures will be put in place to provide safeguards, including a review of the energy and water savings baseline and certification of compliance with the technical standards manual from an independent third -party reviewer (ITPR), who must be a registered professional engineer, before the project can proceed. This review will include a site visit, report, and a letter from the ITPR certifying that he or she has no financial interest in the project and is an independent reviewer. After the construction of the project is complete, an ITPR will conduct a final site inspection and determine whether the project was completed and is operating properly. The reviewer's certification will also include a statement that the reviewer is qualified and has no financial interest in the project. 'Z TX Local Gov't Code §399.011. 13 TX Local Government Code §399.011(a-1) 10 s. Delinquency. Under the terms of the form lender contract attached as Exhibit 3, if a property owner fails to pay an agreed installment when due on the PACE assessment, the lender will agree to take at least the following steps to collect the delinquent installment: (1) Mail to the owner a written notice of delinquency and demand for payment by both certified mail (return receipt requested) and first-class mail, and (2) Mail to the owner a second notice of delinquency and demand for payment by both certified mail (return receipt requested) and first-class mail, at least 30 days after the date of the first notice if the delinquency is continuing. If the owner fails to cure the delinquency within 30 days after mailing the second notice of delinquency, the lender may notify the Authorized Representative of the owner's default. Pursuant to Texas Local Government Code Section 399.014(c), the Authorized Representative will initiate steps for the Local Government to enforce the assessment lien in the same manner as a property tax lien against real property may be enforced, to the extent the enforcement is consistent with Section 50, Article XVI, of the Texas Constitution. Delinquent installments will incur penalties and interest in the same manner and at the same rate as delinquent property taxes, according to Texas Local Government Code Section 399.014(d), and such statutory penalties and interest will be due to the Local Government to offset the cost of collection. If the Local Government files suit to enforce collection, the Local Government may also recover costs and expenses, including attorney's fees, in a suit to collect a delinquent installment of an assessment in the same manner and at the same rate as in suit to collect a delinquent property tax. If a delinquent installment of an assessment is collected after the filing of a suit, the Local Government will remit to the lender the net amount of the delinquent installments and contractual interest collected and remit to the Authorized Representative the amount of any administrative fees collected but will retain any statutory penalties, interest, and attorney's fees collected. 11 r7--. -4 up d k EXHIBIT 2 FORM OWNER CONTRACT 13 FORM PACE OWNER CONTRACT THIS PROPERTY ASSESSED CLEAN ENERGY ("PACE") OWNER CONTRACT including the attached exhibits ("Owner Contract") is made as of the day of ("Effective Date"), by and between the City of Anna, Texas ("Local Government"), and _("Property Owner"). Local Government and Property Owner are hereafter referred to collectively as "the parties" or individually as "party." RECITALS A. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, authorizes the governing body of a local government to establish a program and designate a region within the local government's jurisdiction within which an authorized representative of the local government may enter into written contracts with the record owners of privately owned commercial, industrial, and large multifamily residential (5 or more dwelling units) real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. B. Local Government has established a program under the PACE Act pursuant to a resolution dated , adopted by the ("PACE Program"), and has designated Texas Property Assessed Clean Energy Authority, d/b/a Texas PACE Authority as the representative of Local Government ("Authorized Representative") authorized to enter into the written contracts with the owners of such property and the providers of such financing described herein, and has designated the entire territory within the boundaries of the City of Anna, Texas, including the City's extraterritorial jurisdiction, as a region (the "Region") within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owners' property pursuant to the PACE Program. C. Property Owner is/are the sole legal and record owner of the qualified "real property," as defined in Section 399.002 of the PACE Act, within the Region located at Texas - (the "Property") (the Property being more particularly described in the Notice of Contractual Assessment Lien, attached hereto as Exhibit A). D. Pursuant to Application number , Property Owner has applied to Local Government to participate in the PACE Program by installing or modifying on the Property certain permanent improvements which are intended to decrease water or energy consumption or demand, and which are or will be fixed to the Property as "qualified improvements", as defined in Section 399.002 of the PACE Act ("Qualified Improvements"). The installation or modification of such Qualified Improvements on the Property shall be a "qualified project" as defined in Section 399.002 of the PACE Act (the "Project"). Property Owner has requested that Local Government 1 v. 7—AR—ONLY PACE Owner Contract enter into this Owner Contract pursuant to the PACE Act and the PACE Program and has requested Local Government to impose an assessment (the "Assessment") on the Property as set forth in the Notice Of Contractual Assessment Lien Pursuant To Property Assessed Clean Energy Act to be filed in the real property records of Collin County, Texas (the "Notice of Contractual Assessment Lien"), to repay the financing of such Qualified Improvements. A copy of the Notice of Contractual Assessment Lien is attached hereto as Exhibit A and made a part hereof. The Property, Qualified Improvements and Assessment are more fully described in the Notice of Contractual Assessment Lien. E. Financing for the Project ("Financing") shall be provided to Property Owner by ("Lender"), a qualified lender selected by Property Owner, pursuant to a written contract executed by Lender and Local Government as required by Section 399.006(c) of the PACE Act (the "Lender Contract"). The financing includes only those costs and fees for which an assessment may be imposed under Section 399.006(e) of the PACE Act. Local Government has agreed to maintain and continue the Assessment for the benefit of Lender until the Financing, all contractual interest due to Lender ("Contractual Interest"), any prepayment penalty, and any penalties, interest, fees, and costs due under or authorized by the PACE Act are paid in full and to release the Assessment upon notice from Lender of such payment, or to foreclose the lien securing the Assessment for the benefit of Lender upon notice from Lender of a default in payment by Property Owner. F. As required by Section 399.010 of the PACE Act, Property Owner represents and warrants that it has notified the holder(s) of any mortgage liens on the Property at least thirty (30) days prior to the date of this Owner Contract of Property Owner's intention to participate in the PACE Program. The written consent of each mortgage holder to the Assessment was obtained on or prior to the date of this Owner Contract and is attached hereto as Exhibit B and made a part hereof. AGREEMENT The parties agree as follows: 1. Imposition of Assessment. In consideration for the Financing advanced or to be advanced to Property Owner by Lender for the Project under the PACE Program pursuant to the Lender Contract, Property Owner hereby requests and agrees to the imposition by Local Government of the Assessment in the principal amount of $ , as set forth in the Notice of Contractual Assessment Lien. In the event the actual total of costs and fees for which an assessment may be imposed under the PACE Act is different from the stated amount or any other term requires correction, Local Government, Property Owner, and Lender agree to execute an amended Owner Contract and Lender Contract, as applicable, and Authorized Representative shall record an amended Notice of Contractual Assessment Lien. The Assessment includes the application and administration fees authorized by the PACE Program and Section 399.006(e) of the PACE Act. Property Owner promises and agrees to pay the Assessment, Contractual Interest thereon, any prepayment penalty, and all penalties, interest, fees, attorney's fees, and costs due under or authorized by the PACE Act and the financing documents executed between Property Owner and Lender (the "Financing Documents") described in or copies of which are attached as 2 v. 7—AR—ONLY PACE Owner Contract Exhibit C attached hereto and made a part hereof by reference. Property Owner shall pay such amount in care of or as directed by Lender, in satisfaction of the Assessment imposed pursuant to this Owner Contract and the PACE Act. Accordingly, Local Government hereby imposes the Assessment on the Property to pay the Financing of the Project, Contractual Interest, any prepayment penalty, and any penalties, interest, fees and costs due under or authorized by the PACE Act and the Financing Documents, in accordance with the requirements of the PACE Program and the provisions of the PACE Act. 2. Maintenance and Enforcement of Assessment. In consideration for Lender's agreement to advance Financing to Property Owner for the Project pursuant to the Financing Documents, Local Government agrees to maintain and continue the Assessment on the Property for the benefit of Lender until the Assessment, Contractual Interest, any prepayment penalty, and any penalties, interest, fees, attorney's fees, and costs, due under or authorized by the PACE Act, PACE Program, and the Financing Documents are paid in full, and to release the Assessment upon notice from Lender of such payment. Local Government agrees to enforce the assessment lien against the Property at the request of Lender in the event of a default in payment by Property Owner, in accordance with the provisions set forth in paragraph 5. Authorized Representative shall deliver an annual notice of assessment to Property Owner by electronic mail each year until the Assessment is released. If requested by Property Owner by marking the box below, Local Government agrees to also deliver an annual notice of assessment to Property Owner by first-class mail in the envelope with the tax bill of the Property each year until the Assessment is released. ❑ Property Owner requests an annual notice of assessment from Local Government. Any failure of Local Government or Authorized Representative to deliver an annual notice of assessment to Property Owner shall not affect the Assessment or Property's Owner's obligations under this Owner Contract. 3. Installments. The Assessment and Contractual Interest thereon are due and payable to Lender in installments ("Installments"), according to the payment schedule set forth in the Financing Documents attached hereto as Exhibit C. The Assessment includes (1) an application fee paid by Property Owner to Authorized Representative at closing of the Financing, and (2) a recurring administration fee paid by Property Owner to Authorized Representative until the Assessment is released. The recurring administration fee amount shall be collected by Lender and paid to Authorized Representative not later than thirty (30) days after receipt by Lender, unless otherwise agreed to in writing by Authorized Representative. Notwithstanding the foregoing, in the event of a delinquency in the payment of any Installment, Lender shall, upon notice to Authorized Representative, withhold payment of any administration fee due to Authorized Representative in connection with such Installment until the Installment is paid. Property Owner agrees that any such temporary withholding shall not reduce the amount of the administration fees included in the Assessment or due to Authorized Representative. The amounts due to Authorized Representative are identified in Exhibit C hereto. When the Assessment, Contractual Interest, any prepayment penalty, and any penalties, interest, fees and costs due under or authorized by the PACE Act and the Financing Documents, have been paid in full, Local Government's rights under this Owner Contract shall cease and terminate, except for rights under Sections 18, 20, 21 and 22. Upon notice from Lender that all amounts due have been paid in full, Authorized Representative 3 v. 7—AR—ONLY PACE Owner Contract shall execute a release of the Assessment and this Owner Contract and record the release. As required by Section 399.009(a) (8) of the PACE Act, the period during which such Installments are payable does not exceed the useful life of the Project. 4. Assignment of Right to Receive Installments or Require Enforcement of Lien. Property Owner acknowledges that Lender has the right, without the consent of Property Owner, to assign or transfer the right to receive the Installments or require Local Government to enforce the assessment lien in the event of a default in payment, together with all corresponding obligations, provided that all of the following conditions are met: (a) The assignment or transfer is made to a qualified lender as defined in the Lender Contract; (b) Property Owner and Authorized Representative are notified in writing of the assignment or transfer and the address to which payment of the future Installments should be mailed not less than 30 days before the next Installment is due according to the payment schedule included in the Financing Documents, and (c) The assignee or transferee executes a written assumption agreement according to the Financing Documents of all of Lender's rights and obligations under the Lender Contract related to the receipt of the Installments or the enforcement of the assessment lien and provides a copy of such assumption to Property Owner and Authorized Representative not later than 10 days after execution of the agreement. Lender may assign or transfer the right to receive the Installments or the right to require enforcement of the assessment lien separately. Upon written notice to Property Owner and Authorized Representative of an assignment or transfer that complies with all of the foregoing conditions, the assignor shall be released of all of the rights and obligations of the Lender under such Lender Contract accruing after the effective date of the assignment that are specified in the assignment or transfer document, and all of such rights and obligations shall be assumed by and transferred to the assignee. Any attempt to assign or transfer the right to receive the Installments or require enforcement of the Assessment lien that does not comply with all of the foregoing conditions is void. Lender shall retain all of the rights and obligations of Lender under the Lender Contract until such rights and obligations are assigned or transferred according to this section. 5. Lien Priority and Enforcement. Pursuant to Sections 399.014 and 399.015 of the PACE Act: (a) Delinquent Installments shall incur penalties and interest on the principal of the Installment in the same manner and in the same amount as delinquent property taxes, pursuant to the statutes in effect at the time of default. Under current statutes, a delinquent Installment incurs a penalty of 6% of the principal amount of the Installment for the first calendar month it is delinquent plus 1 % for each additional month or portion of a month the Installment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an Installment delinquent on July 1 incurs a total penalty of 12% of the principal amount of the delinquent Installment without regard to the number of months it has been 4 v. 7—AR—ONLY PACE Owner Contract delinquent. A delinquent Installment shall also accrue interest on the principal of the Installment at the rate of 1 % for each month or portion of a month that the Installment remains unpaid. Subject to paragraph 16 below, penalties, interest, fees, and costs payable under this paragraph shall be retained by Local Government to compensate it for the cost of enforcing the Assessment. Additional interest at any default rate imposed by Lender pursuant to the Financing Documents, along with any other fees that become due pursuant to the Financing Documents, may be imposed and retained by Lender. (b) The Assessment and any interest or penalties thereon, (1) are a first and prior lien against the Property from the date on which the Notice of Contractual Assessment Lien is recorded in the real property records of Collin County, Texas as provided by Section 399.013 of the PACE Act, until the Assessment, interest, or penalty is paid; and (2) such lien has the same priority status as a lien for any other ad valorem tax, pursuant to Section 399.014(a)(2) of the PACE Act. (c) Pursuant to Section 399.014(b) of the PACE Act, the lien created by the Assessment runs with the land, and any portion of the Assessment that has not yet become due shall not be eliminated by sale or transfer of the Property, or by foreclosure of (i) a property tax lien, or (ii) the lien for a delinquent installment of the Assessment. In the event of a sale or transfer of the Property by Property Owner, the obligation for the Assessment and the Property Owner's obligations under the Financing Documents shall be transferred to the succeeding owner without recourse to Lender, Local Government, or Authorized Representative. (d) In the event of a default by Property Owner in payment of an Installment called for by the Financing Documents or the fling of a case under the U.S. Bankruptcy Code by or against Property Owner, the lien created by the Assessment shall be enforced by Local Government for the benefit of Lender, in the same manner according to Texas Tax Code Secs. 33.41 to 34.23 that a property tax lien against real property may be enforced by a local government, to the extent the enforcement is consistent with Section 50, Article XVI, Texas Constitution. (e) In a suit to collect a delinquent Installment of the Assessment, Local Government shall be entitled to recover costs and expenses, including attorney's fees in the amount of 15% of the total principal amount of the delinquent Installment, penalties, and interest due, in the same manner according to Texas Tax Code Sec. 33.48, as amended from time -to -time, as in a suit to collect a delinquent property tax. Lender shall be entitled to any additional sums due to it under the Financing Documents in connection with a suit to collect a delinquent Installment of the Assessment. (f) As provided in Section 399.014 (a-1) of the PACE Act, after the Notice of Contractual Assessment Lien is recorded in the real property records of the county in which the Property is located, the lien created by the Assessment may not be contested on the 5 v. 7—AR—ONLY PACE Owner Contract basis that the improvement is not a "qualified improvement" or the Project is not a "qualified project", as such terms are defined in Section 399.002 of the PACE Act. 6. Written Contract Required by PACE Act. This Owner Contract constitutes a written contract for the Assessment between Property Owner and Local Government as required by Section 399.005 of the PACE Act. The Notice of Contractual Assessment Lien shall be recorded in the real property records of Collin County, Texas as public notice of the contractual Assessment, in accordance with the requirements of Section 399.013 of the PACE Act. 7. Qualified Improvements. Property Owner agrees and warrants that all improvements purchased, constructed, or installed through the Financing obtained pursuant to this Owner Contract shall be permanently affixed to the Property and shall transfer with the Property to the transferee in the event of a sale or transfer of the Property. Property Owner agrees to provide to Authorized Representative within 30 days after the completion of the Project a verification by an independent third -party reviewer ("ITPR") that the project was properly completed and is operating as intended. Property Owner agrees that Lender may retain the final advance of Financing until such verification is submitted or require Property Owner to pay liquidated damages for a failure to do so, according to paragraph 19 below. 8. Water or Energy Savings. For so long as the Assessment encumbers the Property, Property Owner agrees, on or before January 3 1 " of each year, to report to Authorized Representative the water or energy savings realized through the Project in accordance with the reporting requirements established by Authorized Representative. 9. Construction and Definitions. This Owner Contract is to be construed in accordance with and with reference to the PACE Program and PACE Act. Terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the PACE Program or the PACE Act. 10. BindingEffect. ffect. This Owner Contract is binding upon and inures to the benefit of the parties hereto and their respective heirs, representatives, agents, successors, and assigns. 11. Notices. Unless otherwise specifically provided herein, all notices and other communications required or permitted by this Owner Contract shall be in writing and delivered by first-class mail or by electronic mail, addressed to the other party at the address stated below the signature of such party or at such other address as such party may from time to time designate in writing to the other party, and shall be effective from the date of receipt. 12. Governing Law and Venue. This Owner Contract shall in all respects be governed by and construed in accordance with the laws of the State of Texas without regard to Texas' choice of law provisions. Venue for any disputes or suits between the parties arising from or related to this Owner Contract shall be in a state court locate in the Region, and the parties consent to the personal and subject matter jurisdiction of such state court. 13. Entire Agreement. This Owner Contract, including its exhibits, constitutes the entire agreement between Local Government and Property Owner with respect to the subject 6 v. 7—AR—ONLY PACE Owner Contract matter hereof and may not be amended or altered in any manner except by a document in writing executed by both parties. 14. Captions. Paragraph and section titles are for convenience of reference only and shall not be of any legal effect. 15. Counterparts. This Owner Contract may be executed in any number of counterparts, and each counterpart may be delivered on paper or by electronic transmission, all of which when taken together shall constitute one agreement binding on the parties, notwithstanding that all parties are not signatories to the same counterpart. 16. Interest. Interest and penalties in the event of default, as provided above, are explicitly authorized by Section 399.014(d) of the PACE Act. However, in no event will the total amount of interest on the Assessment, including statutory interest payable to Local Government and Contractual Interest payable to Lender under the Financing Documents, exceed the maximum amount or rate of nonusurious interest that may be contracted for, charged, or collected under Texas law (the "usury limit"). If the total amount of interest payable to Local Government and Contractual Interest payable to Lender exceeds the usury limit, the interest payable to Local Government shall be reduced and any interest in excess of the usury limit shall be credited to the amount payable to Local Government or refunded. This provision overrides any conflicting provisions in this Owner Contract. 17. Costs. No provision of this Owner Contract shall require Local Government to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. 18. Inspection and Audits. Local Government's representatives may perform, or have performed, (a) audits of Property Owner's documents, books and records, and (b) inspections of all places where Qualified Improvements are undertaken in connection with this Owner Contract. Property Owner shall keep its documents, books and records available for this purpose for at least three (3) years after this Owner Contract terminates. This provision does not affect the applicable statute of limitations. 19. Further Assurances. Property Owner further covenants and agrees to do, execute and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Owner Contract as may be reasonably necessary or required. 20. Release. PROPERTY OWNER AGREES TO AND SHALL RELEASE THE LOCAL GOVERNMENT, ITS AUTHORIZED REPRESENTATIVES, AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE "RELEASED PERSONS") FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS OWNER CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE RELEASED PERSON'S SOLE OR CONCURRENT NEGLIGENCE AND/OR THE RELEASED PERSON'S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, AND EVEN IF THE 7 v. 7—AR—ONLY PACE Owner Contract INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE RELEASED PERSON'S WRONGFUL ACTION OR INACTION. 21. Indemnification. TO THE MAXIMUM EXTENT ALLOWED BY LAW, PROPERTY OWNER SHALL INDEMNIFY AND HOLD LOCAL GOVERNMENT, ITS AUTHORIZED REPRESENTATIVES, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (EACH SUCH PERSON HEREIN REFERRED TO AS AN "INDEMNITEE") ABSOLUTELY HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS OR RELATED EXPENSES INCURRED BY OR IMPOSED UPON OR ALLEGED TO BE DUE OF INDEMNITEE IN CONNECTION WITH THE EXECUTION OR DELIVERY OF THIS OWNER CONTRACT, THE NOTICE OF CONTRACTUAL ASSESSMENT LIEN, THE FINANCING DOCUMENTS, AND ANY OTHER DOCUMENT OR ANY OTHER AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY, THE PERFORMANCE BY THE PARTIES HERETO OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER OR THEREUNDER, THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, OR, IN THE CASE OF ANY INDEMNITEE, THE ADMINISTRATION OF THIS OWNER CONTRACT AND ANY OTHER AGREEMENTS RELATED TO THE PROJECT. 22. No Personal Liability. Pursuant to Section 399.019 of the PACE Act, the Property Owner acknowledges that the members of the governing body and employees of the Local Government, and board members, executives, employees, and contractors of the Authorized Representative are not personally liable as a result of exercising any rights or responsibilities under the PACE Program or any agreement in furtherance of the PACE Program. 23. Construction Terms. The Financing Documents executed by Lender and Property Owner must include a requirement that Lender shall withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer ("ITPR), or Property Owner shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. 8 v. 7—AR—ONLY PACE Owner Contract PROPERTY OWNER: By: Name: Title: Address: Email address: ACKNOWLEDGEMENT STATE OF COUNTY OF This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , , on behalf of by (print name) NOTARY PUBLIC, STATE OF SIGNATURE PAGE TO PACE OWNER CONTRACT [1 OF 2] LOCAL GOVERNMENT: ANNA, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov't Code §399.006(b) 10 Name: CHARLENE HEYDINGER Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: Charlene@texaspaceauthority.org ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20_ by Charlene Heydinger, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS SIGNATURE PAGE TO PACE OWNER CONTRACT [2 OF 2] OWNER CONTRACT EXHIBIT A NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT OWNER CONTRACT EXHIBIT B MORTGAGE HOLDER(S) CONSENT OWNER CONTRACT EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment Frequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Retainage or Liquidated Damages: Lender shall retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer ("ITPR") is provided to Authorized Representative. M Property Owner shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Lender shall then provide the report of completion to Authorized Representative. Additional Construction Terms Date Draw down Purpose Amount EXHIBIT 3 FORM LENDER CONTRACT 14 FORM PACE LENDER CONTRACT THIS PROPERTY ASSESSED CLEAN ENERGY ("PACE") LENDER CONTRACT including the attached exhibits ("Lender Contract") is made as of the day of , ("Effective Date") by and between the City of Anna, Texas ("Local Government") and ("Lender"). Local Government and Lender are hereafter referred to collectively as "the parties" or individually as "party." RECITALS A. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, authorizes the governing body of a local government to establish a program and designate a region within the local government's jurisdiction within which an authorized representative of the local government may enter into written contracts with the record owners of privately owned commercial, industrial, and large multifamily residential (5 or more dwelling units) real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. B. Local Government has established a program under the PACE Act pursuant to a resolution dated , adopted by the ("PACE Program"), and has designated Texas Property Assessed Clean Energy Authority, d/b/a Texas PACE Authority as the representative of Local Government ("Authorized Representative") authorized to enter into the written contracts with the owners of such property and the providers of such financing described herein, and has designated the entire territory within the boundaries of the City of Anna, Texas jurisdiction, including the City's extraterritorial jurisdiction, as a region (the "Region") within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owner's property pursuant to the PACE Program. C. Pursuant to Application number , ("Property Owner"), the sole legal and record owner of the following qualified "real property," as defined in Section 399.002 of the PACE Act, within the Region has/have applied to Local Government to participate in the PACE Program with respect to certain real property located at Texas, - (the "Property") (the Property being more particularly described in the Notice of Contractual Assessment Lien, attached hereto as Exhibit A to the Owner Contract which appears below as Exhibit A to this Lender Contract) by installing or modifying on the Property certain permanent improvements which are intended to decrease water or energy consumption or demand, and which are or will be fixed to the Property as "qualified improvements", as defined in Section 399.002 of the PACE Act ("Qualified Improvements"). The installation or modification of such Qualified Improvements on the 1 v. 8 AR ONLY PACE Lender Contract Property will be a "qualified project" as defined in Section 399.002 of the PACE Act (the "Project"). D. Property Owner and Local Government have entered into a written contract as required by Section 399.005 of the PACE Act, a copy of which is attached hereto as Exhibit A and made a part hereof (the "Owner Contract"), in which Property Owner has requested that Local Government impose an assessment (the "Assessment") on the Property as set forth in the Notice Of Contractual Assessment Lien Pursuant To Property Assessed Clean Energy Act to be filed in the real property records of Collin County, Texas (the "Notice of Contractual Assessment Lien"), to repay the financing of such Qualified Improvements. A copy of the Notice of Contractual Assessment Lien is attached as Exhibit A to the Owner Contract which appears below as Exhibit A to this Lender Contract and made a part hereof. The Property, Qualified Improvements, and Assessment are more fully described in the Notice of Contractual Assessment Lien. E. Financing for the Project ("Financing") shall be provided to Property Owner by Lender in accordance with financing documents which are described in or copies of which are attached as Exhibit C to the Owner Contract attached hereto as Exhibit A and made a part hereof (the "Financing Documents"). Such Financing includes only those costs and fees for which an assessment may be imposed under Section 399.006 (e) of the PACE Act. This Lender Contract is entered into between Local Government and Lender as required by Section 399.006(c) of the PACE Act to provide for repayment of the Financing secured by the Assessment. F. As required by Section 399.010 of the PACE Act, Property Owner has notified the holder(s) of any mortgage liens on the Property at least thirty (30) days prior to the date of the Owner Contract of Property Owner's intention to participate in the PACE Program. The written consent of each mortgage lien holder to the Assessment was obtained on or prior to the date of the Owner Contract, as shown by the copy of such consent(s) attached as Exhibit B to the Owner Contract which appears below as Exhibit A to this Lender Contract. AGREEMENT The parties agree as follows: 1. Maintenance and Enforcement of Assessment. Lender agrees to provide Financing for the Project in the total principal amount of $ , according to the terms set out in the Financing Documents attached hereto as Exhibit C to the Owner Contract attached as Exhibit A. In the event the actual total of costs and fees for which an assessment may be imposed under the PACE Act is different from the stated amount or any other term requires correction, Local Government, Property Owner, and Lender agree to execute an amended Owner Contract and Lender Contract, and Authorized Representative shall record an amended Notice of Contractual Assessment Lien. In consideration for the Financing provided or to be provided by Lender for the Project, and subject to the terms and conditions of this Lender Contract, Local Government agrees to maintain and continue the Assessment for the benefit of Lender until the Assessment, all contractual interest due to Lender according to the Financing Documents ("Contractual Interest"), any prepayment penalty, and any penalties, interest, fees, attorney's fees, and costs due under or authorized by the PACE Act and the Financing Documents are paid in full, and to release 2 v. 8 AR ONLY PACE Lender Contract the Assessment upon notice from Lender of such payment in full. Local Government shall not release, sell, assign or transfer the Assessment or the lien securing it without the prior written consent of Lender. Local Government agrees to enforce the assessment lien against the Property at the request of Lender in the event of a default in payment by Property Owner in accordance with the provisions set forth in paragraph 6. Local Government shall have no obligation to repurchase the Assessment and no liability to Lender should there be a default in the payment thereof or should there be any other loss or expense suffered by Lender or under any other circumstances. 2. Installments. The Assessment and Contractual Interest thereon are due and payable to Lender in installments ("Installments") according to the payment schedule set forth in the Financing Documents attached hereto as Exhibit C to the Owner Contract attached as Exhibit A. The Assessment includes (1) an application fee paid by Property Owner to Authorized Representative at closing of the Financing and (2) a recurring administration fee paid by Property Owner to Authorized Representative until the Assessment is released. The recurring administration fee amount shall be collected by Lender and paid to Authorized Representative not later than thirty (30) days after receipt by Lender, unless otherwise agreed to in writing by Authorized Representative. Notwithstanding the foregoing, in the event of delinquency in the payment of any Installment, Lender shall, upon notice to Authorized Representative, withhold payment of any amounts due to Authorized Representative in connection with such Installment until the Installment is paid. Lender agrees that any such temporary withholding shall not reduce the amount of administration fees included in the Assessment or due to Authorized Representative. The amounts due to Authorized Representative are identified in Exhibit C to the Owner Contract attached hereto as Exhibit A. As required by Section 399.009(a)(8) of the PACE Act, the period during which such Installments are payable does not exceed the useful life of the Project. 3. Assignment of Right to Receive Installments or Require Enforcement of Lien. Lender has the right, without the consent of Property Owner, to assign or transfer the right to receive the Installments or require Local Government to enforce the assessment lien in the event of a default in payment, together with the corresponding obligations, provided that all of the following conditions are met: (a) The assignment or transfer is made to a qualified lender, which may be one of the following: (1) Any federally insured depository institution such as a bank, savings bank, savings and loan association and federal or state credit union; (2) Any insurance company authorized to conduct business in one or more states; (3) Any registered investment company, registered business development company, or a Small Business Administration small business investment company; (4) Any publicly traded entity; or (5) Any private entity that: 3 v. 8 AR ONLY PACE Lender Contract (i) Has a minimum net worth of $5 million; (ii) Has at least three years' experience in business or industrial lending or commercial real estate lending (including multifamily lending), or has a lending officer that has at least three years' experience in business or industrial lending or commercial real estate lending; (iii) Can provide independent certification as to availability of funds; and (iv) Has the ability to carry out, either directly or through a servicer, the bookkeeping and customer service work necessary to manage the assessment accounts (6) A financially stable entity, whether or not from the list above, with the ability to carry out, either directly or through a servicer, the obligations of this Lender Contract related to the receipt and accounting of the Installments or the enforcement of the assessment lien. (b) Property Owner and Authorized Representative are notified in writing of the assignment or transfer and the address to which payment of the future Installments should be mailed not less than 30 days before the next Installment is due according to the payment schedule included in the Financing Documents; and (c) The assignee or transferee executes a written assumption agreement according to the Financing Documents of all of Lender's rights and obligations under this Lender Contract related to the receipt of the Installments or enforcement of the assessment lien and provides a copy of such assumption to Property Owner and Authorized Representative not later than 10 days after execution of the agreement. Lender may assign or transfer the right to receive the Installments or the right to require enforcement of the assessment lien separately. Upon written notice to Property Owner and Authorized Representative of an assignment or transfer that complies with all of the foregoing conditions, the assignor shall be released of all of the rights and obligations of the Lender under this Lender Contract accruing after the effective date of the assignment that are specified in the assignment or transfer document, and all of such rights and obligations shall be assumed by and transferred to the assignee. Any attempt to assign or transfer the right to receive the Installments or to require enforcement of the Assessment lien that does not comply with all of the foregoing conditions is void. Lender shall retain all of the rights and obligations of Lender under this Lender Contract until such rights and obligations are assigned or transferred according to this section. 4. Financing Responsibility. Lender assumes full responsibility for determining the financial ability of the Property Owner to repay the Financing, advancing the funds as set forth in the Financing Documents and performing Lender's obligations and responsibilities thereunder. 4 v. 8 AR ONLY PACE Lender Contract In the event the assessment lien on the Property is enforced by foreclosure as provided below, Lender shall have no further obligations to Property Owner with respect to the Installments that were the subject of the foreclosure, but Lender shall retain the rights to enforcement of the lien for any Installments that are not eliminated by the foreclosure, and the succeeding owner of the Property shall be subject to such lien. 5. Lien Priority and Enforcement. As provided in the Owner Contract and Sections 399.014 and 399.015 of the PACE Act: (a) Delinquent Installments shall incur penalties and interest on the principal of the Installment in the same manner and in the same amount as delinquent property taxes, pursuant to the statutes in effect at the time of default. Under the current statutes a delinquent Installment incurs a penalty of 6% of the principal amount of the Installment for the first calendar month it is delinquent plus 1 % for each additional month or portion of a month the Installment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an Installment delinquent on July 1 incurs a total penalty of 12% of the principal amount of the delinquent Installment without regard to the number of months it has been delinquent. A delinquent Installment shall also accrue interest on the principal of the Installment at the rate of 1 % for each month or portion of a month that the Installment remains unpaid. Subject to paragraph 16 below, penalties, interest, fees, and costs payable under this paragraph shall be retained by Local Government to compensate it for the cost of enforcing the Assessment. Additional interest at any default rate imposed by Lender pursuant to the Financing Documents, along with any other fees and charges that become due pursuant to the Financing Documents may be imposed and retained by Lender. (b) The Assessment and any interest or penalties thereon, (1) are a first and prior lien against the Property from the date on which the Notice of Contractual Assessment Lien is recorded in the real property records of Collin County, Texas, as provided by Section 399.013 of the PACE Act, until the Assessment, interest, or penalty is paid; and (2) such lien has the same priority status as a lien for any other ad valorem tax, pursuant to Section 399.014(a)(2) of the PACE Act. (c) Pursuant to Section 399.014(b) of the PACE Act, the lien created by the Assessment runs with the land, and any portion of the Assessment that has not yet become due shall not be eliminated by foreclosure of (i) a property tax lien, or (ii) the lien for a delinquent Installment of the Assessment. In the event of a sale or transfer of the Property by Property Owner, the obligation for the Assessment and the Property Owner's obligations under the Financing Documents shall be transferred to the succeeding owner without recourse to Lender, Local Government or Authorized Representative (d) In the event of a default by Property Owner in payment of an Installment called for by the Financing Documents or the fling of a case under the U.S. Bankruptcy Code by or against Property Owner, the lien created by the Assessment shall be enforced v. 8 AR ONLY PACE Lender Contract by Local Government for the benefit of Lender according to paragraph 6(c) below in the same manner according to Texas Tax Code Secs. 33.41 to 34.23 that a property tax lien against real property may be enforced by a local government, to the extent the enforcement is consistent with Section 50, Article XVI, Texas Constitution. (e) In a suit to collect a delinquent Installment of the Assessment, Local Government shall be entitled to recover costs and expenses, including attorney's fees in the amount of 15% of the total principal amount of the delinquent Installment, penalties, and interest due, in the same manner according to Texas Tax Code Sec. 33.48 as in a suit to collect a delinquent property tax. Lender shall be entitled to any additional sums due to it under the Financing Documents in connection with a suit to collect a delinquent Installment of the Assessment. (f) As provided in Section 399.014(a-1) of the PACE Act, after written notice of the Assessment is recorded in the real property records of the county in which the Property is located, the lien created by the Assessment may not be contested on the basis that the improvement is not a "qualified improvement" or the Project is not a "qualified project", as such terms are defined in Section 399.002 of the PACE Act. 6. Servicing and Enforcement of Assessment. (a) Servicing. The Installments and other amounts due under the Financing Documents shall be billed, collected, received, and disbursed in accordance with the procedures set out in the Financing Documents. Lender or its designee shall be responsible for all servicing duties other than those specifically undertaken by Local Government in this Lender Contract. Authorized Representative shall deliver an annual notice of assessment to Property Owner by first class mail or electronic mail each year until the Assessment is released. If requested by Property Owner in the Owner Contract, and subject to consent by the county tax assessor and collector, Local Government agrees to also send an annual notice of assessment to Property Owner by first class mail in the envelope with the tax bill of the Property each year until the Assessment is released. However, any failure of Local Government or Authorized Representative to deliver an annual notice of assessment to Property Owner shall not affect the Assessment or Property Owner's obligations under the Owner Contract. (b) Remittances. Each of the parties covenants and agrees to promptly remit to the other party any payments incorrectly received by such party with respect to the Assessment after the execution of this Lender Contract. (c) Default and Enforcement. In the event of a default in payment of any Installment according to the Financing Documents, Lender agrees to take at least the following steps to collect the delinquent Installment: (1) Mail a written notice of delinquency and demand for payment to the Property Owner by both certified mail, return receipt requested, and first class mail; and 6 v. 8 AR ONLY PACE Lender Contract (2) Mail a second notice of delinquency and demand for payment to the Property Owner by both certified mail, return receipt requested, and first-class mail at least 30 days after the date of the first notice if the delinquency is continuing. A copy of the second notice of delinquency shall also be mailed to the holder of any mortgage lien on the property. The holder of any mortgage lien on the Property shall have not less than a 30-day right to cure the delinquency by paying the amount of the delinquent installment. If the Property Owner fails to cure the delinquency on or before the 30th day after the mailing of the second notice of delinquency, Lender or its designee may notify Authorized Representative in writing of a default in payment by Property Owner. Upon receipt of such notice and after doing its own due diligence, including delivering a notice of foreclosure to Freddie Mac not less than 30 days prior to the foreclosure if the mortgage lien is held by Freddie Mac, Authorized Representative shall certify the default to Local Government, which will enforce the assessment lien for the benefit of Lender pursuant to Sec. 399.014(c) of the PACE Act, in the same manner as a property tax lien against real property may be enforced, to the extent the enforcement is consistent with Section 50, Article XVI, Texas Constitution. However, if a case under the U.S. Bankruptcy Code is filed by or against Property Owner or if the enforcement of the assessment lien is prevented by the order of a court, Local Government shall notify Authorized Representative and shall file a proof of claim for the balance of the assessment, accrued interest and penalties, and all costs and expenses, including attorney's fees, as authorized by Section 399.014 of the PACE Act. Authorized Representative shall notify Lender of the filing of the proof of claim. Lender shall not be required to mail a notice of delinquency to Property Owner or a notice of default to Local Government. Lender shall reimburse Local Government for any costs and expenses, including attorney's fees, required to file and present the claim. (d) Priori . Pursuant to Sec. 399.014(a)(2) of the PACE Act, if the assessment lien is enforced by foreclosure or collected through a bankruptcy or similar proceeding, the assessment balance and any interest or penalties on the assessment shall have the same priority status as a lien for any other ad valorem tax. (e) Final Payment and Release. When the Assessment, Contractual Interest, any prepayment penalty, and any penalties, interest, fees, attorney fees, or costs due under or authorized by the PACE Act or the Financing Documents have been paid in full, Local Government's rights under the Owner Contract shall cease and terminate. Upon notice from Lender that all amounts due have been paid in full Authorized Representative on behalf of Local Government, shall execute a release of the Assessment and the Owner Contract and record the release. (f) Limitations on Local Government's Actions. Local Government shall not enter into any amendment or modification of or deviation from the Owner Contract without the prior written consent of Lender. Local Government or Authorized Representative shall not institute any legal action with respect to the Owner Contract, the Assessment, or the assessment lien without the prior written request of Lender. 7 v. 8 AR ONLY PACE Lender Contract (g) Limitations of Local Government's Obligations. Local Government undertakes to perform only such duties as are specifically set forth in this Lender Contract, and no implied duties on the part of Local Government are to be read into this Lender Contract. Local Government shall not be deemed to have a fiduciary or other similar relationship with Lender. Local Government may request written instructions for action from Lender and refrain from taking action until it receives satisfactory written instructions. Local Government shall have no liability to any person for following such instructions, regardless of whether they are to act or refrain from acting. (h) Costs. No provisions of this Lender Contract shall require Local Government to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder. 7. Lender's Warranties and Representations. With respect to this Lender Contract, Lender hereby warrants and represents that on the date on which Lender executes this Lender Contract: (a) Lender is a qualified lender under the PACE Program, as defined in paragraph 3(a) above, and is fully qualified under the PACE Program to enter into this Lender Contract and the Financing Documents; (b) Lender has independently and without reliance upon Local Government conducted its own credit evaluation, reviewed such information as it has deemed adequate and appropriate, and made its own analysis of the Owner Contract, the Project, and Property Owner's financial ability to perform the financial obligations set out in the Financing Documents; and (c) Lender has not relied upon any investigation or analysis conducted by, advice or communication from, or any warranty or representation by Local Government, Authorized Representative, or any agent or employee of Local Government, express or implied, concerning the financial condition of the Property Owner or the tax or economic benefits of an investment in the Assessment. 8. Written Contract Required by the PACE Act. This Lender Contract constitutes a written contract between Local Government and Lender, as required under Section 399.006 (c) of the PACE Act. 9. Construction and Definitions. This Lender Contract is to be construed in accordance with and with reference to the PACE Program and PACE Act. Terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the PACE Program, or the PACE Act. 10. BindingEffect. ffect. This Lender Contract is binding upon and inures to the benefit of the parties hereto and their respective representatives, agents, successors, and assigns. 11. Notices. Unless otherwise specifically provided herein, all notices and other communications required or permitted hereunder shall be in writing and delivered (a) by electronic 8 v. 8 AR ONLY PACE Lender Contract mail to admin&texaspaceauthority.org with written confirmation of receipt, or (b) by first-class mail addressed to the other parry at the mailing address stated below the signature of such parry or at such other address as such parry may from time to time designate in writing to the other parry, and shall be effective from the date of receipt. 12. Governing Law and Venue. This Lender Contract shall in all respects be governed by and construed in accordance with the laws of the State of Texas without regard to Texas' choice of law provisions. Venue for any disputes or suits between the parties arising from or related to this Lender Contract shall be in a state court located in the Region, and the parties consent to the personal and subject matter jurisdiction of such state court. 13. Entire Agreement. This Lender Contract, including its exhibits, constitutes the entire agreement between Local Government and Lender with respect to the subject matter hereof and shall not be amended or altered in any manner except by a document in writing executed by both parties. 14. Further Assurances. Lender further covenants and agrees to do, execute and deliver, or cause to be done, executed, and delivered all such further acts for implementing the intention of this Lender Contract as may be reasonably necessary or required. 15. Captions. Paragraph and section titles are for convenience of reference only and shall not be of any legal effect. 16. Counterparts. This Lender Contract may be executed in any number of counterparts, and each counterpart may be delivered on paper or by electronic transmission, all of which when taken together shall constitute one agreement binding on the parties, notwithstanding that all parties are not signatories to the same counterpart. 17. Interest. Interest and penalties in the event of default, as provided above, are explicitly authorized by Section 399.014(d) of the PACE Act. However, in no event will the total amount of interest on the Assessment, including statutory interest payable to Local Government and Contractual Interest payable to Lender under the Financing Documents, exceed the maximum amount or rate of nonusurious interest that may be contracted for, charged, or collected under Texas law (the "usury limit"). If the total amount of interest payable to Local Government and Contractual Interest payable to Lender exceeds the usury limit, interest payable to Local Government shall be reduced and any interest in excess of the usury limit shall be credited to the amount payable to Local Government or refunded. This provision overrides any conflicting provisions in this Lender Contract. 18. Certification. Local Government certifies that the PACE Program has been duly adopted and is in full force and effect on the date of this Lender Contract. Property Owner has represented to Lender and Local Government that the Project is a "qualified project" as defined in the PACE Program and Section 399.002 of the PACE Act. The Assessment has been imposed on the Property as a lien in accordance with the PACE Owner Contract and the PACE Act. Local Government has not assigned or transferred any interest in the Assessment or the PACE Owner Contract. 0 v. 8 AR ONLY PACE Lender Contract 19. Inspection and Audits. Local Government's representatives may perform, or have performed, audits of Lender's documents, books and records. Lender shall keep its documents, books and records available for this purpose for at least three (3) years after this Lender Contract terminates. This provision does not affect the applicable statute of limitations. 20. No Personal Liability. Pursuant to Section 399.019 of the PACE Act, the Lender acknowledges that the members of the governing body and employees of the Local Government, and board members, executives, employees, and contractors of the Authorized Representative are not personally liable as a result of exercising any rights or responsibilities under the PACE Program or any agreement in furtherance of the PACE Program. 21. Construction Terms. The Financing Documents executed by Lender and Property Owner must include a requirement that Lender shall withhold % of the Financing until verification is provided to Authorized Representative by an Independent Third Party Reviewer ("ITPR) that the Project was properly completed and is operating as intended, or Property Owner shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner on or before the 301 day after completion of the Project, such verification shall be submitted by Lender. If this Lender Contract includes any additional requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D of the Owner Contract attached hereto as Exhibit A and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. 10 v. 8 AR ONLY PACE Lender Contract LENDER: By: Name: Title: Address: Email Address: ACKNOWLEDGEMENT STATE OF This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on by , , on behalf of (print name) NOTARY PUBLIC, STATE OF SIGNATURE PAGE TO PACE LENDER CONTRACT [I OF 2] LOCAL GOVERNMENT: By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov't Code §399.006(b) 10 Name: CHARLENE HEYDINGER Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: Charlene@texaspaceauthority.org ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20_ by Charlene Heydinger, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS SIGNATURE PAGE TO PACE LENDER CONTRACT [2 OF 2] LENDER CONTRACT EXHIBIT A OWNER CONTRACT EXHIBIT 4 FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT 15 FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT STATE OF TEXAS § COUNTY OF COLLIN § RECITALS A. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, authorizes the governing body of a local government to establish a program and designate a region within the local government's jurisdiction within which an authorized representative of the local government may enter into written contracts with the record owners of privately owned commercial, industrial, and large multifamily residential (5 or more dwelling units) real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. Unless otherwise expressly provided herein, all terms used herein have the same meanings ascribed to them in the PACE Act. B. Anna, Texas ("Local Government") has established a program under the PACE Act ("PACE Program") pursuant to a resolution dated , adopted by the City Council, and has designated Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, as the representative of Local Government ("Authorized Representative") authorized to enter into and enforce the written contracts with the owners of such property and the providers of such financing described herein, and has designated the entire territory within the boundaries of Anna, Texas, including the City's extraterritorial jurisdiction, as a region (the "Region") within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owners' property pursuant to the PACE Program. C. ("Property Owner") is/are the sole legal and record owner of the qualified "real property," as defined in Section 399.002 of the PACE Act, within the Region located at _ , , Texas - and more fully described in Exhibit A attached hereto and made a part hereof (the "Property"). D. Property Owner has applied to Local Government to participate in the PACE Program by installing or modifying on the Property certain permanent improvements described in Exhibit B attached hereto and made a part hereof, which are intended to decrease water or energy consumption or demand and which are or will be fixed to the Property as "qualified improvements", as defined in Section 399.002 of the PACE Act (the "Qualified Improvements"). The installation or modification of such Qualified Improvements on the Property will be a "qualified project" as defined in Section 399.002 of the PACE Act (the "Project"). Property Owner has entered into a written contract (the "Owner Contract") with Local Government pursuant to the PACE Act and the PACE Program and has requested Local Government to impose an assessment on the Property to repay the financing of such Qualified Improvements. v.7AR PACE Notice of Contractual Assessment Lien 1 E. The financing of such Qualified Improvements will be provided to Property Owner by ("Lender"), a qualified lender selected by Property Owner, pursuant to a written contract executed by Lender and Local Government as required by PACE Program and Section 399.006(c) of the PACE Act (the "Lender Contract"). Lender will be responsible for all servicing duties other than those specifically undertaken by Local Government in the Lender Contract. THEREFORE, Local Government hereby gives notice to the public pursuant to Section 399.013 of the PACE Act that it has imposed an assessment on the Property in the principal amount of $ (the "Assessment"). The Assessment includes only those costs and fees for which an assessment may be imposed under Section 399.006(e) of the PACE Act. In the event that the actual total of costs and fees for which an assessment may be imposed is different from the amount stated or any other term requires correction, Local Government, Property Owner, and Lender will execute an amended Owner Contract and Lender Contract, and Authorized Representative will record an amended Notice of Contractual Assessment Lien. The Assessment and contractual interest thereon due to the Lender (the "Contractual Interest') are due and payable in installments ("Installments") in accordance with the terms and payment schedule included in the financing documents executed between Property Owner and Lender that are described in or copies of which are attached hereto as Exhibit C (the "Financing Documents"). Pursuant to Section 399.014 of the PACE Act, 1. The Assessment, including any interest, costs, fees, attorney fees, or penalties accrued thereon, (i) are a first and prior lien against the Property from the date on which this Notice of Contractual Assessment Lien is recorded in the real property records of Collin County, Texas, until the Assessment, interest, or penalty is paid; and (ii) such lien has the same priority status as a lien for any other ad valorem tax, pursuant to Section 399.014(a)(2) of the PACE Act. 2. Pursuant to Section 399.014(b) of the PACE Act, the lien created by the Assessment runs with the land, and any portion of the Assessment that has not yet become due will not be eliminated by foreclosure of: (i) a property tax lien, or (ii) the lien for a delinquent Installment of the Assessment. In the event of a sale or transfer of the Property by Property Owner, the obligation for the Assessment and the Property Owner's obligations under the Financing Documents will be transferred to the succeeding owner without recourse to Local Government, or Authorized Representative. As provided in Section 399.014(a-1) of the PACE Act, after this Notice of Contractual Assessment Lien is recorded in the real property records of the county in which the Property is located, the lien created by the Assessment may not be contested on the basis that the improvement is not a "qualified improvement" or the Project is not a "qualified project", as such terms are defined in Section 399.002 of the PACE Act. EXECUTED on , v.7AR PACE Notice of Contractual Assessment Lien 2 LOCAL GOVERNMENT: ANNA, TEXAS By: Texas Property Assessed Clean Energy Authority AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov't Code §399.006(b) Name: CHARLENE HEYDINGER Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 E-mail: charlene@texaspaceauthority.org ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This Notice of Contractual Assessment Lien pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20_ by Charlene Heydinger, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. (print name) NOTARY PUBLIC, STATE OF TEXAS v.7AR PACE Notice of Contractual Assessment Lien 3 NOTICE OF LIEN EXHIBIT A PROPERTY DESCRIPTION v.7AR PACE Notice of Contractual Assessment Lien NOTICE OF LIEN EXHIBIT B QUALIFIED IMPROVEMENTS v.7AR PACE Notice of Contractual Assessment Lien NOTICE OF LIEN EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment Frequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed v.7AR PACE Notice of Contractual Assessment Lien INDEXING INSTRUCTION: Grantor: , Property Owner Grantees: Anna, Texas, Local Government , Lender After recording, return to- Texas PACE Authority Charlene Heydinger PO Box 200368 Austin, TX 78720-0368 v.7AR PACE Notice of Contractual Assessment Lien 7 THE CI 1 win, AGENDA ITEM: irff,711111►ra A1561 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Joey Grisham Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a professional services agreement with Texas PACE Authority for administration of the City of Anna's Property Assessed Clean Energy (PACE) program, with a scope of services as shown, in a form approved by the City Attorney. (Director of Economic Development Joey Grisham) SUMMARY: Following the creation of the City of Anna PACE Program, it is advised to select a program administrator. FINANCIAL IMPACT: There is no additional staff needed as the City may adopt a professional services agreement for a third -party to administer the program. Existing Economic Development staff would manage the agreement (this item). There is no financial liability to the City because the City never touches the money. Property owners choose a private sector capital provider and voluntarily request that the City place a senior lien on the property for the total cost of the project. The owner commits to the City that they will pay the assessment installments and the voluntary land -secured assessment is paid off over time. The energy and/or water savings are structured to exceed the cost of the assessment, so projects are cash flow positive. The assessment is tied to the property so the repayment obligation transfers to the next property owner if the property is sold. If the property owner fails to pay, the statute says the local government collects the payment in the same process as back taxes, but this has not happened in over 130 programs throughout the State of Texas. 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 authorizing the City Manager to execute a professional services agreement with the Texas PACE Authority. ATTACHMENTS: 1. Res. TX PACE PSA final 2. Anna - TPA Professional Services Agreement APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. 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 THE TEXAS PROPERTY ASSESSED CLEAN ENERGY (PACE) AUTHORITY FOR ADMINISTRATION OF A TEXAS PACE ASSESSED CLEAN ENERGY (PACE) PROGRAM,AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas City Council (the "City Council") established a Texas Property Assessed Clean Energy program on Tuesday, November 9, 2021 to encourage private sector investment in energy efficiency and water conservation; and WHEREAS, the City of Anna PACE Program will be offered to property owners on a strictly voluntary basis and will not require the use of any public funds or resources; and WHEREAS, the City of Anna desires to engage the services of a qualified consultant to administer a Texas Property Assessed Clean Energy program, pursuant to the Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, and serve as Authorized Representative pursuant to Tex. Local Gov't Code §399.006(b); 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 approves entering into and authorizes the City Manager to execute a professional services agreement in a form approved by the City Attorney. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of November 2021. ATTEST: City Secretary, Carrie L. Land Mayor, Nate Pike PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY THIS AGREEMENT is made and entered by and between the City of Anna, Texas, hereinafter referred to as "Local Government", and TEXAS PROPERTY ASSESSED CLEAN ENERGY (PACE) AUTHORITY (dba Texas PACE Authority), a Texas non-profit business association, hereinafter referred to as "Services Provider" to be effective from and after the date as provided herein. hiyjiiki1:ll&M:&9:1 WHEREAS, the City Council of Local Government desires to engage the services of a qualified consultant to administer a Texas Property Assessed Clean Energy program for Local Government pursuant to the Property Assessed Clean Energy Act ("PACE Act"), Texas Local Government Code Chapter 399, and serve as Authorized Representative pursuant to Tex. Local Gov't Code §399.006(b), hereinafter referred to as the "Program"; and WHEREAS, Services Provider desires to render such services for Local Government upon the terms and conditions provided herein; NOW, THEREFORE, for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L ENGAGEMENT Local Government hereby agrees to retain Services Provider to serve as administrator of the Program and Services Provider agrees to perform such services in accordance with the terms and conditions of this Agreement. II. SCOPE OF SERVICES The parties agree that Services Provider shall perform such services as are further described in Exhibit "A" hereto (collectively "Scope of Services"). The parties understand and agree that deviations or modifications in the Scope of Services may be authorized from time to time by Local Government but said authorization must be made in writing. III. TERM OF AGREEMENT The initial term of this Agreement shall commence upon the complete execution of the Agreement by Local Government and Services Provider. Notwithstanding the termination of this Agreement, Services Provider shall be permitted to continue administration of any third -party agreements under the Program commenced prior to PROFESSIONAL SERVICES AGREEMENT PAGE 1 termination of this Agreement, and to recover any compensation due Services Provider for services performed in accordance with Section IV of this Agreement. IV. COMPENSATION AND EXPENSES Services Provider shall be paid for performance of the Scope of Services set forth in Exhibit "A", in accordance with the compensation schedule set forth in Exhibit "B" hereto. Services Provider is entitled to payment in accordance with Exhibit "B", however, Local Government shall have no obligation to pay Services Provider for performance of the Scope of Services. All payments to Services Provider shall be made by participants in the Program in accordance with the PACE Act V. INSURANCE Services Provider agrees to meet all insurance requirements, and to require all consultants who perform work for Services Provider to meet all insurance requirements, as set forth in Exhibit "C" to this Agreement. VI. INDEMNIFICATION SERVICES PROVIDER AGREES TO INDEMNIFY, DEFEND AND HOLD LOCAL GOVERNMENT AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES AND RELATED EXPENSES INCURRED BY LOCAL GOVERNMENT OR AWARDED AGAINST LOCAL GOVERNMENT) FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT FROM LOCAL GOVERNMENT ARISING OUT OF OR OCCASIONED BY SERVICES PROVIDER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, VIOLATIONS OF LAW BY SERVICES PROVIDER, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE SERVICES PROVIDER, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB - SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE SERVICES PROVIDER IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY TO THE EXTENT RESULTING FROM THE NEGLIGENCE OF LOCAL GOVERNMENT, AND ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. LOCAL GOVERNMENT DOES NOT WAIVE ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. PROFESSIONAL SERVICES AGREEMENT PAGE 2 VII. INDEPENDENT CONTRACTOR Services Provider covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of Local Government; that it shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, shall have sole control over the supervision and direction of the means, methods, sequences, procedures, and techniques utilized to complete said work and there shall be no joint control over the work, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between Local Government and Services Provider, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between Local Government and Services Provider. Vill. ASSIGNMENT AND SUBLETTING Services Provider agrees that this Agreement shall not be assigned without the prior written consent of Local Government, except to an Affiliate of Services Provider. Affiliate shall mean (1) any corporation or other entity controlling, controlled by, or under common control with (directly or indirectly) Services Provider, including, without limitation, any parent corporation controlling Services Provider or any subsidiary that Services Provider controls; (2) the surviving corporation resulting from the merger or consolidation of Services Provider; or (3) any person or entity which acquires all of the assets of Services Provider as a going concern. Services Provider shall be permitted to enter into subcontracts for performance of portions of the Scope of Services; however, Services Provider shall not subcontract the entirety of the Scope of Services to a single subcontractor without Local Government's consent. Services Provider further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Services Provider from its full obligations to Local Government as provided by this Agreement. IX. AUDITS AND RECORDS Services Provider agrees that Local Government or its duly authorized representatives shall, until the expiration of three (3) years after termination under this Agreement, have access to and the right to examine and photocopy any and all books, documents, papers and records of Services Provider which are directly pertinent to the services to be performed under this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Services Provider agrees that Local Government shall have access during normal working hours to all necessary Services Provider's facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Local Government shall give Services Provider reasonable advance notice of intended audits. PROFESSIONAL SERVICES AGREEMENT PAGE 3 X. CONTRACT TERMINATION The parties agree that Local Government and Services Provider shall have the right to terminate this Agreement upon thirty (30) days written notice to Services Provider. In the event of such termination, Services Provider shall deliver to Local Government all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs or other items prepared by Services Provider in connection with this Agreement. In the event of termination by Local Government, Services Provider shall be compensated in accordance with Section III of this Agreement with respect to any third -party agreements under administration by Services Provider at the time of termination. XI. COMPLETE AGREEMENT This Agreement, including the Exhibits lettered "A" through "C", constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. XII. AMENDMENTS Amendments to this agreement may be made at any time upon written agreement by Local Government and Services Provider. XIII. MAILING OF NOTICES Unless instructed otherwise in writing, Services Provider agrees that all notices or communications to Local Government permitted or required under this Agreement shall be addressed to Local Government at the following address: City of Anna Attn: City Manager 111 N. Powell Pkwy Anna, Texas 75409 Local Government agrees that all notices or communications to Services Provider permitted or required under this Agreement shall be addressed to Services Provider at the following address: Texas Property Assessed Clean Energy Authority Attn: Charlene Heydinger PO Box 200368 Austin TX 78720-0368 PROFESSIONAL SERVICES AGREEMENT PAGE 4 All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee three days after such notice or communication is sent by certified U.S. mail or Priority U.S. mail, postage prepaid. XIV. AUTHORITY TO SIGN 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. XV. MISCELLANEOUS A. This is a contract for the purchase of personal or professional services and is therefore exempt from any competitive bidding requirements of Local Government. B. Paragraph Headings: The paragraph headings contained herein are for convenience only and are not intended to define or limit the scope of any provision in this Agreement. C. Agreement Interpretation: This is a negotiated Agreement, should any part be in dispute, the parties agree that the terms of the Agreement shall not be construed more favorably for either party. D. Venue/Governing Law: The parties agree that the laws of the State of Texas shall govern this Agreement, and that it is performable in Collin County, Texas. Exclusive venue shall lie in a state district court in Collin County, Texas. E. Successors and Assigns: Local Government and Services Provider and their partners, successors, subcontractors, executors, legal representatives, and administrators are hereby bound to the terms and conditions of this Agreement. F. Severability: In the event a term, condition, or provision of this Agreement is determined to be void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect. PROFESSIONAL SERVICES AGREEMENT PAGE 5 G. Effective Date: This Agreement shall be effective from and after the date of execution by the last signatory hereto as evidenced below. SIGNED on the date indicated below. DATE: APPROVED AS TO FORM: Clark McCoy, City Attorney ANNAJEXAS go Name: Jim Proce Title: City Manager PROFESSIONAL SERVICES AGREEMENT PAGE 6 TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY DATE: BY: Name: Charlene Heydinger Title: president PROFESSIONAL SERVICES AGREEMENT PAGE 7 Exhibit "A" Scope of Services The Services Provider will perform the following services in the administration of the Program: Community Outreach Maintain a website and database; Respond to inquiries from property owners, vendors, contractors, consultants, and the general public; Publish the Technical Standards Manual on the Program website; List interested, qualified lenders on the Program website or link to another neutral non- profit directory of lenders to enable property owners to identify potential sources of private third -party financing; Arrange for training of contractors and independent third -party reviewers on how to apply for PACE financing and comply with the PACE -in -a -Box Technical Standards Manual; and Establish quality assurance measures. Maintain uniform documents. Periodic updates to the standard form documents will be necessary as the program evolves, incorporating best practices and standardizing the PACE documents across various PACE programs. The Authorized Representative will be tasked with maintaining the form documents and making technical and conforming updates as necessary so long as the changes are consistent with the resolution to establish the PACE program and the Texas PACE Act. Application and Approval Process Publish a Project Application Form based on PACE -in -a -Box model application form on the Program website; Review submitted Application forms for administrative completeness and notify the applicants of any missing information; Maintain the confidentiality of confidential owner information; Maintain the PACE application process, including: • Draft and distribute the PACE application, as well as accept and review the property owner's completed application; • If the project meets eligibility requirements, provide written indication that the project meets PACE standards at this stage (subject to verification of all requirements at closing). PROFESSIONAL SERVICES AGREEMENT PAGE 8 • Inform the property owner of his or her responsibilities in the process, including hiring a third -party reviewer, obtaining a lender, determining final project scope and completing and submitting a closing verification package. • Conduct a Pre -Closing Verification, which will confirm the statutorily required eligibility requirements of the owner including that the property owner: o Is the legal property owner of the benefited property; o Is current on mortgage and tax payments; o Is not insolvent or the subject of bankruptcy proceedings; o Holds a title to the property to be subject to a PACE assessment that is not in dispute; and o Has consent of any pre-existing mortgagee to the proposed PACE assessment through a written contract. Require independent third -party verification of expected energy or water savings resulting from a project (provided by engineer or consultant retained by applicant), according to the PACE -in -a -Box Technical Standards Manual. This review will include a: • Site visit, • Report stating the savings (energy, demand, and/or water) and expected project life are reasonable and in compliance with PACE in a Box program guidelines; and • Letter from the ITPR certifying that he/she has no financial interest in the project and is an independent reviewer. Require independent third -party verification, according to the PACE -in -a -Box Technical Services Manual, that the period of an assessment does not exceed the expected life of the improvements or thoroughly review waiver application and justification (provided by engineer or consultant retained by applicant); Require lender to confirm in writing its determination, based on underwriting factors established by the lender, that the owner has demonstrated the financial ability to repay the financial obligations to be repaid through assessment. Require the owner to notify the holder of any mortgage lien on the property of the owner's intention to participate in the Program and obtain the lienholder's written consent prior to the imposition of the PACE assessment; Review and finalize the terms of every Owner Contract and Lender Contract prior to execution; The Contract must contain: • Amount of the assessment; • The legal description of the property; • The name of the property owner; and • A reference to the statutory assessment lien provided under the PACE Act. Collect and retain owner application fees as compensation for administrative services; PROFESSIONAL SERVICES AGREEMENT PAGE 9 Perform closing verification reviews and schedule assessment transaction closings when all requirements are met. Such closing verification must include: • The report conducted by a qualified independent third -party reviewer of water or energy baseline conditions and the projected water or energy savings attributable to the project; • Such financial information about the owner and the property as the lender chosen by the owner deems necessary to determine that the owner has demonstrated the financial ability to fulfill the financial obligations to be paid through assessments; and • All other information required by the Services Provider. Coordinate and take part in assessment transaction closings. Execute contracts under the Program as authorized on behalf of Local Government. Arrange for recordation of a Notice of Contractual Assessment Lien for each approved project in the Official Public Records of the county where the project is located; The Notice must contain: • Amount of the assessment; • The legal description of the property; • The name of the property owner; and • A reference to the statutory assessment lien provided under the PACE Act. Require independent post -closing third -party verification (by engineer or consultant retained by Applicant) that each project was properly completed and is operating as intended; and Collect and retain administration fees collected by lenders from owners that receive PACE financing. Management and Reporting Manage communications with lenders regarding assessment servicing, payment, and default; Upon notification by a lender of an owner's default in payment of an assessment and the lender's compliance with the requirements of the Lender Contract on collection after default, notify the Local Government to enforce the assessment lien in accordance with law and the agreements between the parties; Receive and store owner reports on energy and water savings; Maintain the form contracts and make technical and conforming updates as necessary so long as the changes are consistent with the resolution to establish the PACE program and the statute. At the request of property owners, prepare annual notices of assessment to be issued by Local Government to the owners, stating the total amount of the payments due on each PROFESSIONAL SERVICES AGREEMENT PAGE 10 assessment in the coming calendar year according to the owner contract and the financing documents; Determine the amounts of the application and administration fees to be paid by owners; Produce annual report on Texas PACE financing usage and the resulting energy and water savings enabled through PACE Assessments. PROFESSIONAL SERVICES AGREEMENT PAGE 11 Exhibit "B" Compensation and Fees Services Provider shall determine the amounts of the uniform application and administration fees to be paid by property Owners participating in the Program. Such fees will not exceed the fees below: • An application fee of thegreaterof: o $2,000.00; or o Amounting to ■ 1 % of the total project cost of the first $5 million ■ plus 0.5% of the marginal amount above $5 million and $20 million, and ■ 0.25% of the marginal amount above $20 million to be paid as follows: ■ $500.00 per project at the time of application submittal; ■ the balance of the full remaining application fee paid at closing; and • A recurring administration fee of 0.08% of the outstanding principal balance, which amount shall be collected by lender and paid to the Services Provider as provided in the Owner Contract and the financing documents. This fee can also be capitalized and paid at closing. If paid under a negotiated regular schedule to the lender by the property owner, the lender shall pay this fee to Services Provider at the time of each payment by the property owner in accordance with the financing documents. • No amounts shall be due by Local Government to Services Provider. PROFESSIONAL SERVICES AGREEMENT PAGE 12 Exhibit "C" Insurance Requirements COVERAGE LIMIT OF LIABILITY Employer's Liability $500,000 per occurrence Bodily Injury and Property Damage, General Liability Combined Limits of $500,000 each Occurrence, and $1,000,000 aggregate PROFESSIONAL SERVICES AGREEMENT PAGE 13 THE CITY OF Anna AGENDA ITEM: �lila'i7►1'.VA-3 City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Joey Grisham Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 319.01 acres of land generally located east of US Highway 75, and south of County Road 371, being wholly located within the City of Anna, Texas corporate limits and extra territorial jurisdiction; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the Public Hearing; and directing the city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of Economic Development Joey Grisham) SUMMARY: As Council is aware, the Anacapri Development Agreement was approved at the October 12th City Council Meeting. As a part of the Agreement, the City agreed to create one or more Tax Increment Reinvestment Zones (TIRZ) to facilitate the development. This TIRZ covers the single-family residential portion of Anacapri where the city agreed to dedicate 50% of the TIRZ increment over 30 years. This item tonight sets a Public Hearing for December 14, 2021 to create the TIRZ District. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: Approve the resolution. ATTACHMENTS: 2021 -11 -01ANN TIRZ No. 4 Call a PH v2.1 APPROVALS: Joey Grisham, Economic Development Director Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE CONTAINING APPROXIMATELY 319.01 ACRES OF LAND GENERALLY LOCATED EAST OF HIGHWAY 75, and SOUTH OF COUNTY ROAD 371 AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF THE CITY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY OF ANNA, TEXAS TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 311 of the Texas Tax Code, as amended (the "Act"), to create a tax increment reinvestment zone within its corporate limits; and WHEREAS, the City Council of the City (the "City Council") wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone containing approximately 319.01 acres of land generally located east of Highway 75, south of County Road 371, and being wholly located within the corporate limits and extraterritorial jurisdiction of the City (the "Zone"), with the boundaries of the Zone being generally depicted in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on December 14, 2021, on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION I. That a public hearing is hereby called for December 14, 2021, at 6:30 PM, in the Anna ISD Board Room, located at 201 E. Th Street, Anna, Texas 75409, for the purpose of hearing any interested person speak for or against: (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing. SECTION 2. That at such time and place the City Council will hear testimony regarding (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council will consider the adoption of an ordinance creating the Zone and other related matters. SECTION 3. That attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. SECTION 4. That the City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto as Exhibit B in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing on December 14, 2021. SECTION 5. That before the December 14, 2021, hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone project and finance plan. SECTION 6. That this resolution shall be in full force and effect from and after its passage and it is accordingly so resolved. DULY RESOLVED by the City Council of the City of Anna, Texas, on the 9t" day of November 2021. ATTEST: Carrie Land, City Secretary Nate Pike, Mayor APPROVED: Clark H. McCoy, Jr., City Attorney Exhibit A — Depiction of the Proposed Zone OVERVIEW MAP: TIRZ 94 - 319.01 ACRES 1 Ineh equals 0.3 Miles 0 0.6 1 Exhibit B IwcoIy_l0IZTevokwLerell110toII NOTICE OF PUBLIC HEARING 10I,111114.4:/_1%11[00[eIy_\:4aI►1TI*110114 01IrIkeI►14 THE CITY OF ANNA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON DECEMBER 14, 2021 AT 6:30 PM AT THE ANNA ISD BOARD ROOM, LOCATED AT 201 E. 7T" STREET, ANNA, TEXAS 75409, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF ANNA AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED ZONE, WHICH PROPOSED REINVESTMENT ZONE CONTAINS APPROXIMATELY 319.01 ACRES OF LAND GENERALLY LOCATED EAST OF HIGHWAY 75, SOUTH OF COUNTY ROAD 371, AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND EXTRA TERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS. A MAP DEPICTING THE BOUNDARIES OF THE PROPOSED REINVESTMENT ZONE IS AVAILABLE IN THE OFFICE OF THE CITY SECRETARY AT 111 N POWELL PARKWAY, ANNA, TEXAS 75409, AND IS AVAILABLE FOR PUBLIC INSPECTION. AT THE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINST THE INCLUSION OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, THE CREATION OF THE PROPOSED REINVESTMENT ZONE, ITS BOUNDARIES AND/OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, THE CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE AND OTHER RELATED MATTERS. THE CITY OF Anna AGENDA ITEM: �lila'i7►1'9VAN City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Joey Grisham Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 52.17 acres of land generally located north of County Road 370, west of Anna High School, and south of Rosamond Pkwy, being wholly located within the City of Anna, Texas corporate limits and extra territorial jurisdiction; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the Public Hearing; and directing the city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of Economic Development Joey Grisham) SUMMARY: As Council is aware, the Anacapri Development Agreement was approved at the October 12th City Council Meeting. As a part of the Agreement, the City agreed to create one or more Tax Increment Reinvestment Zones (TIRZ) to facilitate the development. This TIRZ covers the commercial/multifamily portion of Anacapri where the city agreed to dedicate 70% of the TIRZ increment over 30 years. This item tonight sets a Public Hearing for December 14, 2021 to create the TIRZ District. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: Approve the resolution. ATTACHMENTS: 2021 -11 -01ANN TIRZ No. 5 Call a PH v2.1 APPROVALS: Joey Grisham, Economic Development Director Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE CONTAINING APPROXIMATELY 52.17 ACRES OF LAND GENERALLY LOCATED NORTH OF COUNTY ROAD 370, WEST OF ANNA HIGH SCHOOL, SOUTH OF ROSAMOND PARKWAY, AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF THE CITY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY OF ANNA, TEXAS TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 311 of the Texas Tax Code, as amended (the "Act"), to create a tax increment reinvestment zone within its corporate limits; and WHEREAS, the City Council of the City (the "City Council") wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone containing approximately 52.17 acres of land generally located North of County Road 370, West of Anna High School, South of Rosamond Parkway, and being wholly located within the corporate limits and extraterritorial jurisdiction of the City (the "Zone"), with the boundaries of the Zone being generally depicted in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on December 14, 2021, on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION I. That a public hearing is hereby called for December 14, 2021, at 6:30 PM, in the Anna ISD Board Room, 201 E. 7t" Street, Anna, Texas 75409, for the purpose of hearing any interested person speak for or against: (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing. SECTION 2. That at such time and place the City Council will hear testimony regarding (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council will consider the adoption of an ordinance creating the Zone and other related matters. SECTION 3. That attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. SECTION 4. That the City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto as Exhibit B in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing on December 14, 2021. SECTION 5. That before the December 14, 2021, hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone project and finance plan. SECTION 6. That this resolution shall be in full force and effect from and after its passage and it is accordingly so resolved. DULY RESOLVED by the City Council of the City of Anna, Texas, on the 9t" day of November 2021. ATTEST: Carrie Land, City Secretary Nate Pike, Mayor APPROVED: Clark H. McCoy, Jr., City Attorney OVERVIEW MAP: TIRZ 95 - 52.17 ACRES Exhibit A — Depiction of the Proposed Zone CR-370 wEEM 7m 1 Ineh equals 0.3 Miles 0 0.6 1 -- T1RZ #5 CR-071 - _ ;____! Anna City Limits Collin County Parcels Exhibit B IwcoIy_l0IZTevokwLerell110toII NOTICE OF PUBLIC HEARING 10I,111114.4:/_1%11[00[eIy_\:4aI►1TI*110114 01IrIkeI►14 THE CITY OF ANNA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON DECEMBER 14, 2021 AT 6:30 PM AT THE ANNA ISD BOARD ROOM LOCATED AT 201 E. 7T" STREET, ANNA, TEXAS 75409, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF ANNA AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED ZONE, WHICH PROPOSED REINVESTMENT ZONE CONTAINS APPROXIMATELY 52.17 ACRES OF LAND GENERALLY LOCATED NORTH OF COUNTY ROAD 370, WEST OF ANNA HIGH SCHOOL, SOUTH OF ROSAMOND PARKWAY, AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND EXTRA TERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS. A MAP DEPICTING THE BOUNDARIES OF THE PROPOSED REINVESTMENT ZONE IS AVAILABLE IN THE OFFICE OF THE CITY SECRETARY AT 111 N POWELL PARKWAY, ANNA, TEXAS 75409, AND IS AVAILABLE FOR PUBLIC INSPECTION. ATTHE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINSTTHE INCLUSION OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, THE CREATION OF THE PROPOSED REINVESTMENT ZONE, ITS BOUNDARIES AND/OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, THE CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE AND OTHER RELATED MATTERS. THE CITY OF Anna AGENDA ITEM: Item No. 7.g. City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Joey Grisham Consider/Discuss/Action on a Resolution setting a Public Hearing under Section 311.003 of the Texas Tax Code for the creation of a Tax Increment Reinvestment Zone containing approximately 1,345.63 acres of land generally located along Powell Parkway, south of County Road 371, and north of Finley Blvd., being wholly located within the City of Anna, Texas corporate limits and extra territorial jurisdiction; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the Public Hearing; and directing the city to prepare a Preliminary Reinvestment Zone Financing Plan. (Director of Economic Development Joey Grisham) SUMMARY: Creating a vibrant Downtown District is a top priority for the City Council as a part of the Strategic Plan, Now that the Downtown Master Plan has been completed and adopted, the next step is the creation of a Downtown TIRZ. Staff is working with Petty & Associates and their findings showed that creating a Downtonw TIRZ was a viable option for Anna. To initiate the process, this item sets a Public Hearing for December 14, 2021 to create a Downtown TIRZ. The consultants did a thorough review of parcels in the Downtown area and identified approximately 1,346 acres. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: Approve the resolution. ATTACHMENTS: 2021-11-03 ANN TIRZ No. 6 Downtown Call a PH v1.2 APPROVALS: Joey Grisham, Economic Development Director Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE CONTAINING APPROXIMATELY 1,345.63 ACRES OF LAND GENERALLY LOCATED ALONG POWELL PARKWAY, SOUTH OF COUNTY ROAD 371, AND NORTH OF FINLEY BOULEVARD, BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF THE CITY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY OF ANNA, TEXAS TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 311 of the Texas Tax Code, as amended (the "Act"), to create a tax increment reinvestment zone within its corporate limits; and WHEREAS, the City Council of the City (the "City Council") wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone containing approximately 1,345.63 acres of land generally located along Powell Parkway, south of County Road 371, and North of Finley Boulevard, and being wholly located within the corporate limits and extraterritorial jurisdiction of the City (the "Zone"), with the boundaries of the Zone being generally depicted in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on December 14, 2021, on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION I. That a public hearing is hereby called for December 14, 2021, at 6:30PM, in the Anna ISD Board Room, located at 201 E. 7t" Street Anna, Texas 75409, for the purpose of hearing any interested person speak for or against: (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing. SECTION 2. That at such time and place the City Council will hear testimony regarding (i) the inclusion of property within the Zone; (ii) the creation of the Zone; (iii) the boundaries of the Zone; and/or (iv) the concept of tax increment financing and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council will consider the adoption of an ordinance creating the Zone and other related matters. SECTION 3. That attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. SECTION 4. That the City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto as Exhibit B in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing on December 14, 2021. SECTION 5. That before the December 14, 2021, hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone project and finance plan. SECTION 6. That this resolution shall be in full force and effect from and after its passage and it is accordingly so resolved. DULY RESOLVED by the City Council of the City of Anna, Texas, on the 9t" day of November 2021. ATTEST: Carrie Land, City Secretary Nate Pike, Mayor APPROVED: Clark H. McCoy, Jr., City Attorney Exhibit A — Depiction of the Proposed Zone OVERVIEW MAP: TIRZ 46 DOWNTOWN - 1.345.63 ACRES 1 In equals 0.5 Miles 0 1 2 P&,k Exhibit B IwcoIy_l0IZTevokwLerell110toII NOTICE OF PUBLIC HEARING 10I,111114.4:/_1%11[00[eIy_\:4aI►1TI*110114 01IrIkeI►14 THE CITY OF ANNA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON DECEMBER 14, 2021 AT 6:30 PM AT THE ANNA ISD BOARD ROOM LOCATED AT 201 E. 7T" STREET, ANNA, TEXAS 75409, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF ANNA AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED ZONE, WHICH PROPOSED REINVESTMENT ZONE CONTAINS APPROXIMATELY 1,345.63 ACRES OF LAND GENERALLY LOCATED ALONG POWELL PARKWAY, SOUTH OF COUNTY ROAD 371, AND NORTH OF FINLEY BOULEVARD, AND BEING WHOLLY LOCATED WITHIN THE CORPORATE LIMITS AND EXTRA TERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS. A MAP DEPICTING THE BOUNDARIES OF THE PROPOSED REINVESTMENT ZONE IS AVAILABLE IN THE OFFICE OF THE CITY SECRETARY AT 111 N POWELL PARKWAY, ANNA, TEXAS 75409, AND IS AVAILABLE FOR PUBLIC INSPECTION. ATTHE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINSTTHE INCLUSION OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, THE CREATION OF THE PROPOSED REINVESTMENT ZONE, ITS BOUNDARIES AND/OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, THE CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE AND OTHER RELATED MATTERS. THE CITY OF manna AGENDA ITEM: i011111►rarA11 City Council Agenda Staff Report Meeting Date: 11 /9/2021 Staff Contact: Dalan Walker Consider/Discuss/Action on a Resolution entering into a professional services agreement with New Line Skateparks and authorizing the City Manager to execute the contract. (Director of Neighborhood Services Marc Marchand) SUMMARY: The skatepark project will be located on the east side of Slayter Creek Park along the channel that runs between the park and the Anna Middle School stadium. The project budget is $1.5 million funded by the 2021 Bond Program. The consultant selected to design the skatepark is New Line Skateparks. New Line Skateparks is an internationally renowned full -service municipal skatepark design team. Out of Toronto, Ontario, they have over 20 years of concrete skatepark development experience. Though their skateparks have been built all over North America, local projects include the Northeast Community Skatepark in Frisco, Vandergriff Skatepark in Arlington, Roanoke Skatepark and McKinney Skatepark. They were selected based on the quality and success of their previous projects. FINANCIAL IMPACT: The cost of the Agreement is $146,000. The construction budget for the skatepark is $1.25 million (plus $100,000 budget for a restroom building). Funding was approved in the 2021 Bond Program. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: VISION Principal 1: Community of Families - 6. Youth and adult sports opportunities. Principal 3: Beautiful Community - 4. Well -designed, well -maintained City facilities, buildings, parks and trails with distinctive signage. Principal 4: Vibrant Community Destination - 4. Activities for evening, weekends and daytime. MISSION Principal 1: Exceptional City Services and Facilities - 4. Anticipating future service needs from the community. Principal 1: Exceptional City Services and Facilities - 6. Providing services and addressing issues in a proactive manner. Principal 5: Value to Neighbors' Lives - 4. Investing in future City facilieis and infrastructure that support growth. Principal 5: Value to Neighbors' Lives - 8. Having neighbors taking pride in saying: "I live in Anna" GOAL 3 Value to Neighbors - 3. Leisure activities for all within Anna. Value to Neighbors - 5. Recreational and leisure choices within Anna. Value to Neighbors - 6. Support for a healthy and active lifestyle. Value to Neighbors - 7. More reasons to stay living in Anna. STAFF RECOMMENDATION: Approve the professional services agreement with Newline Skateparks for the design of a skatepark at Slayter Creek Park. ATTACHMENTS: 1. Resolution for Professional Services Skatepark 2. Professional Services Agreement - New Line Skateparks - Agreement and Exhibits Combined APPROVALS: Dalan Walker, Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 Skatepark Design Contract Overview • Background • Strategic Plan • Parks Master Plan • Funding • Location • Examples • Design Contract Elements Strategic Plan • Vision • Principle 1: Community of Families • 6. Youth and adult sports opportunities • Principle 3: Beautiful Community • 4. Well -designed, well -maintained City facilities, buildings, parks and trails with distinctive signage • Principle 4: Vibrant Community Destination • 4. Activities for evening, weekends, and daytime • Mission • Principle 1: Exceptional City Services and Facilities • 4. Anticipating future service needs from the community • 6. Providing services and addressing issues in a proactive manner • Principle 5: Value to Neighbors' Lives • 4. Investing in future City facilities and infrastructure to support growth • 8. Having neighbors taking pride in saying: "I live in Anna" • Goal • Value to Neighbors • 3. Leisure activities for all within Anna • 5. Recreational and leisure choices within Anna • 6. Support for a healthy and active lifestyle • 7. More reasons to stay living in Anna Park Recommendations In addition to the Action Items the following are general park improvement recommendations for each of the City Owned parks today. Slayter Creek Park Baseball field renovation (Turf) Skate park upgrade Connection to stadium/ drainage channel enhancements + Concrete Skate Park — Skateboardinq is experiencing a strong renaissance. In terms of the growth of participants and equipment sales, it consistently outperforms traditional team sports such as baseball and football. Communities have noticed this trend and have begun building high -quality public skate parks with a new vison. Skaters prefer the smooth concrete surfaces, seamless transitions and flexible designs that provide a much higher quality riding experience than with modular equipment. A well -designed concrete park will also continue to challenge users as they become more skilled. Much of the participation data has been affected by COVIID-f9 during 2020. Key impacts include. Fitness activities that require amenities typically found in fitness clubs (group exercise, stationary cycling, cross -training, aqua exercise, etc.) decreased in numbers. Fitness activities that require limited equipment and do not require fitness center (running/jagging, free weights, and yoga) showed th greatest increases. Outdoor activities that experienced large increases were road biking, skateboarding, and surfing. Team sports had a mixed impact with basketball and soccer having increases (mostly attributed to pick-up play) while volleyball, swimming on a team, gymnastics and cheerleading all had decreases. ... 1. Complete feasibility studies for each major facility described in the Short- Terre $$ Parks and Recreation Master Plan —sports complex, recreation center, aquatic center; potentially racket sports facility, concrete skate park, special use pad. ROPOSITION C - PARKS, TRAILS, RECREATION AND SPORTS Phis $28 million proposition includes funding to implement the recommendations from the :ity of Anna Parks and Recreation Master Plan. A sample of capital improvements included n the Master Plan recommendations are: Planning, design, and property acquisition for an indoor recreation facility Planning and design for an outdoor fields to support neighbors who want to play sports loser to home Planning and design for additional trail connections to make important linkages to estinations throughout the City Amenities for currently undeveloped parks to provide neighbors access to recreation lose to home Planning, design, and construction of a new community skate park Enhancements to existing facilities and snorts fields FY2022 Objectives 4� Begin cFasign ing and coordinating construction of items approved in the 2021 Bond Election f Skate Paris 6erign and construction CITY OF ANNA COMMUNITY INVESTMENT PROGRAM CAPITAL BOND PROJECTS 2021 BEGINNING BALANCE REVENUES Bond Proceeds Interest Revenue TOTAL PROJECTS Fire Station 92 Ladder Truck (Quint 1 Aerial) Community Library Skate Park TOTAL PROJECTS Actual Estimated Budget Budget Prior Years 2020-21 2021-22 2022-23 - S - S $ - S - $ 8,660,000 $ 22,940,000 - - - 10,000 $ - 5 - $ 8;660,000 $ 22,950,000 2,700,000 3,640,000 - - 1,66D,000 - - - 2,700,000 19,300,000 - - 1,500,000 - $ 3,560,000 $ 22,940,000 ENDING FUND BALANCE $ - $ - $ - $ 10.000 ",,HARBOR OAKS OR 15- SKATEPARK LOCATION w ROSAMOND Picw}r Mimi- WROSANDND _ pi 1 � r Ln ,tea - 1 +� r . i C A 'W� ` orGROWN yr 5 SKATEPARK LOCATION 1 1 -i. . !- -31__ :�_ yI-i��F]Wes- • • x 1 425 a. NE COMMUNITY SKATEPARK Frisco, TX i. w MCKINNEY SKATEPARK McKinney, TX qL_ -low' IdL 'ilk -t Qt- 0 Design Contract Elements • New Line Skateparks is an internationally renowned full - service municipal skatepark design team. • Numerous local projects including Frisco, Arlington, Roanoke, and McKinney. • Two phases for analysis, community input, concept design, technical design, and construction drawings • Professional Services Cost: $150,000 • Phase 1 Price: $57,500 (approx. 10 weeks) • Phase 2 Price: $92,500 (approx. 14 weeks) • Total Project Allocated is $1.5 million including additional restroom Phase 1 Phase 1: Site Analysis, Community Consultation and Concept Design ❑ Project initiation meeting to review prospective site and intended program for skatepark development ❑ Organization of site base data and creation of analysis drawings (geotechnical study and survey data provided by Others) ❑ Creation of scaled 2D color PRELIMINARY concept drawings and order of magnitude cost estimate (preliminary 2D schematics to be created for both site locations within Slayter Park) ❑ Development of FINAL facility concept design. Deliverables include scaled, 3D facility renderings and budget analysis to confirm estimated facility construction budget. ❑ Provision of 3 interactive public design input/review meetings (includes online surveys) ❑ Coordination and progress review meetings with City ❑ Submission of Phase 1 Design and Budget Summary Report Phase 2 Phase 2: Technical Design and Construction Drawings ❑ Production of all skatepark technical drawings — submissions and reviews with City at 50%, 75%, 100% ❑ Provision of final construction drawings and specifications ❑ Provision of final cost estimate ❑ Electrical engineering /design for sport lighting system ❑ Irrigation design for turf area surrounding skatepark structure ❑ Scope will be focused on concrete skatepark structure and immediate landscape interfaces only. Support amenities such as bathroom buildings not included ❑ ADA design review included CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH NEW LINE SKATEPARKS FOR THE DESIGN OF A SKATEPARK AND ASSOCIATED LANDSCAPING AND IRRIGATION AT SLAYTER CREEK PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the professional services agreement with New Line Skateparks is instrumental and necessary to the creation of a design for a skatepark; and WHEREAS, the City Council considers a skatepark to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the proposed contract with New Line Skateparks, to include the following fee: "The total amount for fiscal year 2022: $150,000" 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a professional services agreement with New Line Skateparks and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the professional services agreement with New Line Skateparks. PASSES AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of November 2021. APPROVED: ATTEST: Mayor Nate Pike City Secretary Carrie Land PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF COLLIN THIS AGREEMENT is made and entered into as of the day of , 20 , by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at I I I N. Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "OWNER" and New Line Skateparks with its corporate office Unit 302 — 19950 88th Ave, Langley, BC, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the project(s) as stated herein: (1) with the professional skill and care ordinarily provided by competent engineers and/or architects, as applicable, practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer and/or architect, as applicable. The professional services set out here are in connection with the following described project(s) (the "Project" whether one or more): The Project shall include the professional services described under Article 2.A. of this Agreement and/or individual task orders which shall be governed by the terms of this Agreement. ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services as necessary and as described under "Scope of Services" as set forth in Exhibit "A" which is attached hereto and made part hereof as if written word for word herein. B. CONSULTANT shall perform appropriate services set forth in individual task orders which shall be governed by the terms of this Agreement. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement or any task orders, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. PROFESSIONAL SERVICES AGREEMENT Page 1 of 11 ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT, if authorized in writing by OWNER, whether included in the above -described Scope of Services, are described as follows: A. During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER's personnel when meeting with or having dealings with the Texas Commission on Environmental Quality, U.S. Environmental Protection Agency, or other regulatory agencies. CONSULTANT will assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in the above -described Scope of Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for OWNER's use in a future CAD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to OWNER. G. Providing geotechnical investigations, including soil borings, related analyses, and recommendations. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by OWNER and CONSULTANT and upon issue of a notice to proceed by OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule for completion set forth in Exhibit `B" which is attached hereto and made a part of this Agreement as if written word for word herein. PROFESSIONAL SERVICES AGREEMENT Page 2 of 11 ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in employment of others in outside firms for services in the nature of, geotechnical evaluations, architectural or engineering services, and other necessary support labor incident to the work required under the Scope of Services and Additional Services. 2. "Direct Non -Labor Expense" is defined as that expense for any OWNER -authorized assignment incurred by CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by CONSULTANT herein, OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein. Partial payments to CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by OWNER for any charge, expense, or reimbursement above any maximum not -to -exceed fee as stated within any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City Manager or his designee. C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER in Article 3, CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall be due and payable upon submission by CONSULTANT and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 30 days after receipt of CONSULTANT's undisputed statement thereof, the amounts due PROFESSIONAL SERVICES AGREEMENT Page 3 of 11 CONSULTANT will be increased by the rate of one percent (1%) per month from the said 301h day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1%) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, "Compensation." ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants of CONSULTANT or of any other party providing construction services or related services in furtherance of the Project. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to the Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION OWNER shall have the right to audit and make copies of CONSULTANT'S books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also PROFESSIONAL SERVICES AGREEMENT Page 4 of 11 require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Anna. The cost of the audit will be borne by OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, defend, save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability for damages to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, consultant under contract, or another entity over which the CONSULTANT exercises control, including but not limited to reasonable attorney fees and related expenses in proportion to CONSULTANT's liability. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including without limitation the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. PROFESSIONAL SERVICES AGREEMENT Page 5 of 11 C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, OWNER may terminate by giving 30 days' advance written notice to the CONSULTANT. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination but may maintain copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed delivered as of three days after mailing: PROFESSIONAL SERVICES AGREEMENT Page 6 of 11 To CONSULTANT: To OWNER: City Manager City of Anna Attn: City Manager P.O. Box 776 Anna, Texas 75409 ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of or have any contractual relations with OWNER. CONSULTANT shall inform PROFESSIONAL SERVICES AGREEMENT Page 7 of 11 OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — Scope of Services Exhibit B — Project Completion Schedule Exhibit C — Fee Schedule B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. PROFESSIONAL SERVICES AGREEMENT Page 8 of 11 D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Trevor Morgan and Mark van der Zalm. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER, unless disclosure is compelled by law, court, or other compulsory legal process. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Anna, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer. PROFESSIONAL SERVICES AGREEMENT Page 9 of 11 a By: , its IN WITNESS WHEREOF: STATE OF COUNTY OF Before me, the undersigned notary public, on the day of 2021, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me and verified under oath that he/she executed the same for the purposes and consideration therein expressed and in his/her capacity as of (SEAL) Notary Public, State of Texas PROFESSIONAL SERVICES AGREEMENT Page 10 of 11 CITY OF ANNA :A Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2021, personally appeared Jim Proce, 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 PROFESSIONAL SERVICES AGREEMENT Page 11 of 11 THE LEADER IN TED SKATEPAPK NEWUNE INTECRAENVIRONMENTS SKATEPARKS RE: Exhibit A — Scope of Work - Slayter Creek Skatepark Design ATTENTION: Dalan Walker — Parks Planning and Development Manager, City of Anna TX DATE: October 22"d 2021 Dear Mr. Walker, Thank you for choosing our team for modern skatepark development assistance. We believe this project will be an excellent investment in the youth of Anna and a welcome addition to the community. New Line Skateparks FL, Inc is pleased to submit the following scope of work for skatepark design services. We understand that our consulting services will be focused on the development of a —$1,400,000 cast -in -place municipal concrete skatepark and immediate landscape interfaces. Final construction drawing package to be sealed by Texas PLA, Mark van der Zalm with relevant civil and structural engineering details sealed by our support team of State -licensed professionals. 2 Key phases will organize our work plan: Phase 1: Site Analysis, Community Consultation and Concept Design ❑ Project initiation meeting to review prospective sites (North and East) and intended program for skatepark development ❑ Organization of site base data and creation of analysis drawings (geotechnical study and survey data provided by Others) ❑ Creation of scaled 2D colour PRELIMINARY concept drawings and order of magnitude cost estimate (preliminary 2D schematics to be created for both site locations within Slayter Park) ❑ Development of FINAL facility concept design. Deliverables include scaled, 3D facility renderings and budget analysis to confirm estimated facility construction budget. ❑ Provision of 3 interactive public design input/review meetings (includes online surveys) ❑ Coordination and progress review meetings with City ❑ Submission of Phase 1 Design and Budget Summary Report Phase 2: Technical Design and Construction Drawings ❑ Production of all skatepark technical drawings — submissions and reviews with City at 50%, 75%, 100 ❑ Provision of final construction drawings and specifications ❑ Provision of final cost estimate ❑ Electrical engineering / design for sport lighting system ❑ Irrigation design for turf area surrounding skatepark structure ❑ Scope will be focused on concrete skatepark structure and immediate landscape interfaces only. Support amenities such as bathroom buildings not included ❑ ADA design review included NEW LINE SKATEPARKS 1 #1, 137 WEST MARION AVE, EDGEWATER FL, 32132 1 T 1.866.463.9546 F 604.530.1119 WWW.NEWLINESKATEPARKS.COM I INFO@NEWLINESKATEPARKS.COM NEWUNE SKATEPARKS • All deliverables/submissions in digital format Assumptions: THE LEADER IN INTEGRATED SKATEPARK ENVIRONMENTS • Site Geotechnical Study and Topographical Survey to be provided by Owner • Includes civil and structural engineering review and seal of relevant project details • Any easements required for the project will be obtained by the Owner • Environmental review/permitting and support (restroom) building design not included in scope of work We look forward to working with you to make this project a reality. Please don't hesitate to let us know if you have any questions or comments regarding our submission. SinCe� erely, Morgan Vice President, New Line Skateparks FL, Inc NEW LINE SKATEPARKS 1 #1, 137 WEST MARION AVE, EDGEWATER FL, 32132 1 T 1.866.463.9546 F 604.530.1119 WWW.NEWLINESKATEPARKS.COM I INFO@NEWLINESKATEPARKS.COM THE LEADER IN TED SKATEPAPK NEWUNE INTECRAENVIRONMENTS SKATEPARKS RE: Exhibit B — Project Completion Schedule - Slayter Creek Skatepark Design ATTENTION: Dalan Walker — Parks Planning and Development Manager, City of Anna TX DATE: October 22"d 2021 Phase 1: Site Analysis, Community Consultation and Concept Design ❑ Project initiation meeting to review prospective sites (North and East) and intended program for skatepark development ❑ Organization of site base data and creation of analysis drawings (geotechnical study and survey data provided by Others) ❑ Creation of scaled 2D colour PRELIMINARY concept drawings and order of magnitude cost estimate (preliminary 2D schematics to be created for both site locations within Slayter Park) ❑ Development of FINAL facility concept design. Deliverables include scaled, 3D facility renderings and budget analysis to confirm estimated facility construction budget. ❑ Provision of 3 interactive public design input/review meetings (includes online surveys) ❑ Coordination and progress review meetings with City ❑ Submission of Phase 1 Design and Budget Summary Report Phase 1 Completion Schedule: Within 14 weeks from Project Initiation Meeting Phase 2: Technical Design and Construction Drawings ❑ Production of all skatepark technical drawings — submissions and reviews with City at 50%, 75%, 100 ❑ Provision of final construction drawings and specifications ❑ Provision of final cost estimate ❑ Electrical engineering / design for sport lighting system ❑ Irrigation design for turf area surrounding skatepark structure ❑ Scope will be focused on concrete skatepark structure and immediate landscape interfaces only. Design of support amenities such as bathroom buildings not included ❑ ADA design review included • All deliverables/submissions in digital format Phase 1 Completion Schedule: Within 10 weeks from Approval of Concept Design Assumptions: • Owner reviews and approvals / comments within 7 working days of each design deliverable submission • Environmental review/permitting and support (restroom) building design not included in scope of work NEW LINE SKATEPARKS 1 #1, 137 WEST MARION AVE, EDGEWATER FL, 32132 1 T 1.866.463.9546 F 604.530.1119 WWW.NEWLINESKATEPARKS.COM I INFO@NEWLINESKATEPARKS.COM THE LEADER IN D SKATEPAPK NEWUNE INTEGRAENVIRONMENTS SKATEPARKS RE: Exhibit C — Fee Schedule - Slayter Creek Skatepark Design ATTENTION: Dalan Walker — Parks Planning and Development Manager, City of Anna TX DATE: October 22nd 2021 Phase 1: Site Analysis, Community Consultation and Concept Design • Phase 1 Price: $57,500 • Includes $800 direct cost allowance for large format colour printing Phase 2: Technical Design and Construction Drawings Phase 2 Price: $92,500 Hourly Rates: Principal in Charge (Kyle Dion): $120/hr Principal / Project Coordination and Public Outreach (Trevor Morgan): $110/hr Project Manager and Terrain Designer (Kanten Russell): $110/hr Landscape Architect (Mark van der Zalm): $130/hr Technical Designers (Chris Long / Ryan Crane): $90/hr Civil Engineer: $160/hr Structural Engineer: $160/hr Assumptions: • Site Geotechnical Study and Topographical Survey to be provided by Owner • Includes civil and structural engineering review and seal of relevant project details • Any easements required for the project will be obtained by the Owner • Environmental review/permitting and support (restroom) building design not included in scope of work INEW LINE SKATEPARKS 1 #1, 137 WEST MARION AVE, EDGEWATER FL, 32132 1 T 1.866.463.9546 F 604.530.1119 WWW.NEWLINESKATEPARKS.COM I INFO@NEWLINESKATEPARKS.COM THE CITY OF Anna AGENDA ITEM: IIff,1►C.VAIII City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Gregory Peters Consider/Discuss/Action on approval of a Resolution authorizing the City Manager to execute a Subdivision Improvement Agreement with Anna Independent School District for Sherley Elementary School in a form approved by the City Attorney. (Director of Public Works Greg Peters, P.E.) SUMMARY: Anna ISD is constructing a new elementary school at the southeast corner of County Road 425 and FM 2862. Sherley Elementary School will serve to educate students who reside in the neighborhoods north of FM 455 and east of SH 5. The project requires the extension of sanitary sewer and water mains in order to provide the school facility with City utilities. The City is seeking to partner with Anna ISD to construct larger sized mains and extend the mains further, in an effort to increase the ability of the larger area to develop. The engineering plans for the project were prepared in-house by the Public Works Department, which saved approximately $150,000 in design fees. The proposed 12-inch water main will extend all the way to Rosamond Parkway, just east of SH 5. The proposed sewer main will extend along the route, and connect to the existing Sweetwater sewer lift station. However, the sewer main is designed to work with a future regional sewer lift station which will be constructed south of the existing Sweetwater Crossing sewer lift station. This future project will allow the City to abandon the lift station in the Sweetwater Crossing subdivision and also abandon the existing sewer force main which is currently located in the rear yards of some homes in the neighborhood. As designed, the project will benefit the new elementary school, future development in the area, and neighbors who live in Sweetwater Crossing (when the sewer lift station in their neighborhood is abandoned). The total cost of the public improvements is $1,329,864, which includes the construction of a 12-inch water main and a 15-inch sanitary sewer main. The funding will come from Water and Sanitary Sewer Impact Fees, which are paid to the City by developers of new developments in the City. The fund balance used to pay for the improvements will be replenished by development in the area which is currently in the early planning stages. This is consistent with the City Council's Strategic Plan goal of growth paying for growth. FINANCIAL IMPACT: The total cost of the public improvements is $1,329,864, which includes the construction of a 12-inch water main and a 15-inch sanitary sewer main. The funding will come from Water and Sanitary Sewer Impact Fees, which are paid to the City by developers of new developments in the City. This is consistent with the City Council's Strategic Plan goal of growth paying for growth. If this agreement is approved, a budget amendment will be forthcoming to add this project to the Community Investment Program budget. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Resolution Anna ISD SIA 2. SIA Sherley Elementary Anna ISD APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 11/3/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 fro I:[o1111�Ls] M manna Sherley Elementary SIA Overview • Project Information • Agreement Deal Points • Next Steps THE CITY OF manna Project Information • Anna ISD is constructing a new elementary school on FM 2862 just east of County Road 425. • The project includes off -site infrastructure which could be upsized to benefit future development in the City. It! C l� ELM GRDVE EMU • F �r SITE Agreement Deal Points • Anna ISD • Construct the off -site utilities to a size as required for the City to facilitate future development, including 12" water main and 15" sewer main. • Complete the construction by summer 2022, to allow adjacent properties to quickly move forward with new development. • City of Anna • Provide in-house engineering plans for the water and sewer improvements. • Reimburse Anna ISD for the construction cost of the public off - site improvements, not to exceed $1,329,864. • Reimbursement will come from Water and Sewer Impact Fees, which will be replenished by adjacent development. THE CITY OF manna Next Steps • If approved, City staff will finalize the engineering plans and provide to Ana ISD. • Anna ISD will move forward with ordering materials and starting construction. • City of Anna inspectors will inspect the project. • Once the work is complete, Anna ISD will submit all necessary paperwork to the City for reimbursement. Note: City has a development agreement with Ashton Woods for the construction of Rosamond Parkway from White Rock Road to County Road 425. THE CITY OF manna CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND ANNA INDEPENDENT SCHOOL DISTRICT FOR THE SHERLEY ELEMENTARY SCHOOL PROJECT IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna Independent School District is seeking to construct Sherley elementary School in the City of Anna, Texas; and, WHEREAS, public water and sanitary sewer improvements are required for the project; and, WHEREAS, the City is seeking to partner with Anna Independent School District to construct over -sized water and sanitary sewer mains to areas beyond what is required for the new school; and, WHEREAS, the oversized water and sanitary sewer mains will benefit future development of the City and allow for the future abandonment of the Sweetwater Crossing sewer lift station; and, WHEREAS, the total City contribution to the project is estimated to be $1,329,864; and, WHEREAS, the fund source for the project will be water and sanitary sewer impact fees; 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 Council of the City of Anna hereby authorizes the City Manager to execute the Subdivision Improvement Agreement by and between the City of Anna, Texas, and Anna Independent School District for the Sherley Elementary School development in a form approved by the City Attorney. That funding for the project shall come from the Water Impact Fee fund and the Sanitary Sewer Impact Fee fund. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of November 2021. ATTEST: APPROVED: City Secretary, Carrie Land Mayor, Nate Pike Exhibit A (following pages) SHERLEY ELEMENTARY SUBDIVISION IMPROVEMENT AGREEMENT This The Sherley Elementary Subdivision Improvement Agreement (this "Agreement") is entered into by and between the CITY OF ANNA, a home -rule municipality in Collin County, Texas (the "C"), and Anna Independent School District, a Texas Independent School District ("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 ("Party"); and WHEREAS, Developer owns approximately 20.00 acres of real property located in the City, described by metes and bounds in Exhibit A (the "Property"); and WHEREAS, the Property is zoned as Residential and shall be developed in accordance with said zoning; and WHEREAS, Developer desires to proceed with development of the Property to be known as Sherley Elementary, as generally described and/or generally illustrated on the Final Plat shown in Exhibit B (the "Final Plat"), which Development collectively totals approximately 1 lot; 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 construction, and installation of the Public Improvements to be completed by the Developer and dedicated to the City for use and maintenance, subject to 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 $1,329,864; 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 1 WHEREAS, the Public Improvements include public water and sanitary sewer 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 and sanitary sewer 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 construction are as set forth in the amounts shown in the Infrastructure — Opinion of Probable Construction Cost in Exhibit C and that said total cost is approximately $1,329,864; and WHEREAS, the Developer shall be obligated to complete and construct improvements including public water and sanitary sewer infrastructure in accordance with the plans and specifications as set forth in Exhibit D 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 $1,329,864, representing the approximate amount of the cost of construction required to provide for the public improvements; 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 SHERLEY ELEMENTARY 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: 3.3(a). Agreement means this Sherley Elementary Subdivision Improvement Agreement. CIP Facilities means the water and sanitary sewer infrastructure facilities listed in Section City means the City of Anna, a home -rule municipality located in Collin County, Texas. Cites means The Anna City Code of Ordinances. City Council means the 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. SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 3 Development means The Sherley Elementary 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. 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 and sanitary sewer impact fees collected by the City for private land development within the City Limits. MUo 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 and sanitary sewer facilities, along with other public improvements to be constructed by Developer. Public Infrastructure means all water, wastewater/sewer, detention and drainage, 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. Ownership. 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 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. SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 4 (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. 3.3 CIP Facilities (a) The CIP Facilities include: (1) 3,600 linear feet of 12" Water Main, including valves, hydrants, stub -outs, and appurtenances (2) 1,300 linear feet of 15" Sewer Main, including manholes, stub -outs, and a connection to the existing Sweetwater Sewer Lift Station. (b) Developer's Obligations. (1) Developer is solely responsible for the funding, installation, and construction of the CIP Water and Sanitary Sewer improvements as described in Exhibit D. 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 not responsible for the construction of Rosamond Parkway. (c) Timing of Obligations. Developer shall commence construction of the Public Improvements on or before March 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 utility construction activities within the future Rosamond Parkway Right-of-way. Developer shall complete construction of the Public Improvements in a good and workmanlike manner on or before December 1, 2022; 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 5 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 100% Plans no later than November 22, 2021. City shall acquire all off -site easements and right-of-way required to construct the Public Improvements. Said acquisition shall take place on or before December 31, 2021 or, if delayed, Developer's deadlines shall be extended as set forth in Section 3.3(c). (2) City shall reimburse the developer for the construction of the CIP Facilities as set forth below. Reimbursement shall be made with a singular payment from Impact Fees Funds previously collected by the City through building permits issued within the City, 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: i. $1,329,864; or the full cost to construct the CIP Facilities 3.4 Water Facilities. (a) Developer's General Obligations. Developer is solely responsible for funding„ installation, and construction of all water improvements necessary to serve the Property. The design of water improvements shall be provided by the City in advance of the construction of same. (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. (a) Developer's General Obligations. The Developer is solely responsible for the funding, installation, and construction of all wastewater/sanitary sewer improvements necessary to serve the Property. The design of all wastewater/sanitary sewer improvements shall be provided by the City in advance of the construction of same. (b) 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. 3.6 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 6 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. (c) (d) 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. (e) Drainage/Detention Infrastructure. Developer is solely responsible for the 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: 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. SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 7 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 structures, amenities, buildings, and any other vertical construction within the Development shall meet or exceed all Development Standards and City Regulation. 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 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 8 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. Accebtance of Public Infrastructure. and Develober's Remedv. (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 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-1" or better by A.M. Best's Key Rating Guide SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 9 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 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 10 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. 6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for the other parry's default, an aggrieved Party is limited to seeking specific performance of the other parry'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 Assignment. 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 11 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 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 ate. 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 12 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. 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 111 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: 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. SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 13 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 Parry 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 Parry respectively acknowledges and agrees that this Agreement is binding upon such Parry and is enforceable against such Party, in accordance with its terms and conditions. 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 Parry 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 Parry 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 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 14 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. 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 Water and Sanitary Sewer Improvements — Opinion of Probable Construction Cost Exhibit D Water and Sanitary Sewer Improvements — Plans and Specifications [SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 15 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 2021, Nate Pike, Mayor of the City of Anna, Texas, on behalf of said City. Notary Public, State of Texas [SEAL] SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 16 DEVELOPER: Anna Independent School District a Texas Independent School District Superintendent XXXXXX, its Member THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of District. 2021, by Superintendent of , a Texas Independent School Notary Public in and for the State of Texas SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 17 Exhibit A METES AND BOUNDS DESCRIPTION OF THE PROPERTY I:�INlI�1�N�.�I�dIJ1[NI ALL that certain 19.99 acre lot, tract or parcel of land situated in the Gwyn Morrison Survey, Abstract No. 559, Collin County, Texas, being all of a called 20.00 acre tract described in a gift deed from Sherley Partners, Ltd. to Anna Independent School District as recorded in Volume 5816, Page 2962, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.), said 19.99 acre tract being described by metes and bounds as follows: BEGINNING at a 1/2" iron rod and red cap stamped "Beer 4117" found at the northeast corner of said 20.00 acre tract, a northwest corner of the remainder of a called 123.45 acre Tract No. 1.1 described in a deed to Sherley Partners, Ltd. as recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas, (D.R.C.C.T.), and on the south right—of—way Ilne of Farm to Market Highway No. 2862; THENCE S 01'20'55" W along the east line of said 20.00 acre tract and ❑ west line of said remainder of a called 123.45 acre Tract No, 1.1 a distance of 946.38 feet to a 1/2" iron rod and red cap stamped "Beer 4117" found at the southeast corner of said 20.00 acre tract and an ell corner of said remainder of a called 123.45 acre Tract No. 1.1; THENCE N 88'37'59" W along the south line of said 20-00 acre tract and a north line of said remainder of a called 123.45 acre Tract No. 1.1 a distance of 946.66 feet to n 1/2" iron rod and red cap stamped "Beer 4117" found at the southwest corner of said 20.00 acre tract, a northwest corner of said remainder of a called 123,45 acre tract, and on the east right—of—way line of sold Highway; THENCE along the common line between said 20.00 acre tract and said Highway the following: N 02'35'49" E a distance of 678.83 feet to a 1/2" iron rod and red cap stomped "Beer 4117" found; Along ❑ curve to the right having ❑ central angle of 88'46'27", a radius of 273.37 feet, a chord bearing and distance of N 46'56'32" E, 382.45 feet, through on are length of 423.56 feet, to o 1/2" iron rod and red cap stamped "Beer 4117" found; S 88'38'02" E a distance of 658.66 feet to the POINT OF BEGINNING and containing 19.99 acres of land or 870885.3 5q. Feet, more or less. Exhibit B FINAL PLAT L PI _D Exhibit C PUBLIC IMPROVEMENTS - OPINION OF PROBABLE CONSTRUCTION COST Proj: Anna- Rosamond Pkwy Utility Extension oc: L705 Elm Grove, Anna Tx. 75409 Owner: City of Anna Arch: Salcedo Group, Inc. Date: 10-14-2021 2 m Code D- Bldg Area.- 0 sf Site Area: 446,894 sf 10-3 Acres Schedule: 4 mo Subcontractor Estimator: TAY Band Rate: 2.00 DIv 1 Costs 1 General Conditions 118,477 38,181 0 0.00 156,858 0.35 2 BuildingPermit B owner B owner 0 0.00 Site Oewaterin COW 1Q000 10,000 0,02 SWPPP COW 20,000 20,000 0.04 Tapand Meter Fees WAIVED BY CITY 0 0.00 Barricades COW 12,000 12,000 0.03 Surve /La out COW 5.00D 5000 0.01 T. ling COW 8,000 8,000 D.02 0 0,00 Cant/Allow 0 0.00 4 Continpency 100,000 10 .001) 0.22 0 O.DO Site Casts 0 0.00 RemoveB Reinstall Chainlink Fence LLCI 450 480 930 0.00 Temporary Security Fencing w7 gcs 0 0.00 Remove, Protect and Reinstall Scada Controls Buyout 40,000 4D,000 0.09 Misc Tree Removal COW 20,000 20,000 0.04 0 100 UTILITIES SMPI 850,000 980,000 1,96 Core Exist. Wet Well & Connect 15" SS SMPI w/ utilities 0 0,00 Connect to Exist. Bypass Line & Provide TerriBypass PumpingPumpirg Buyout 10,000 10,000 0.02 Connect 15" SS to Lm Station SMPI w/ utilities D 0-00 Sawcul, Remove & Replace 6" Paving - to Connect 15" SS SMPI wl utilities 0 0.00 Remove 12" Plug -Connect Water Pipe SMPI wl utilities 0 0.00 12" C900 18 PVC Water Pie SMPI W/ utilities 0 0.00 18" Steel Encasement Pipe SMPI wt utilities 0 0.01) 6" Fire Hydrants SMPI wl utilities 0 0.00 Plugs, Bends & Tee's SMPI wl utilities 0 0.D0 12" Plun SMPI wl utilities 0 0,00 12" Valves SMPI w! utilities 0 0.00 15" SDR-26 PVC Sewer Pie SMPI wutilities 0 D.00 8"$anita Sewer SMPI w/udtties 0 0.0 0 5' DIA Manholes SMPI w/ utilities 0 D.00 Spoils Haul Off SMPI w/utilities 0 0.00 Trench Safety SMPI w/utilities 0 0.00 0 0.00 0 0.00 0 O00 Uwner • Percent Cost, 1,105,000 118,927 38,661 1,262,588 2,81 87.5% 9.49b 3.1 (MISC LABBURDEN 42.00% 4200%21IMP825 16,238 0.04 Bldrs. Risk $394 Sales Tax 0.00 %0 0.00 Gen ❑ah. $5,115 Sub Total 2,85OPL $0 B.R.IG_LIOPL 5,509 0,01P&P Bond $16.632 Fee 2250 G28,898 0.08 P & P Bond (Time Adusted) 16,632 0.00 Total Without Bond 1,329,864 0.00 Bid Amount 0 Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS G ti NOISNVdX3 W31SAS Alnan onand 1SV3 AVM)IUVd ONOMSON `v; Z-M 1�1311S 00+6 VI-S 9NI-IHO1HW ICI mmIM i I ti � I � i i dam a ' i I Z Z a J a Xeuuv r d0 A LID '3HI ;' W J LL O a Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS N0ISNVdX3 W31SAS Alnan 91�9f1d ?uu N fir, 19V3 A`dMNNVd dNOWS01J dO )UID HHl £ 133HS 0 +84 VIS 3NIIHO NIN a e F 3 R „ S I a' bW 1 73HS00+6VlS3NllH0 ^W J LL w go. Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS o NOISNVdXg wgisAs Ainan onand ISV� AVMNMVd ❑MOMS,ON JO UID F1141 V--3311S 0+. Z; Vi 31-lploivvl oil No M m m 0 ro illy POW LL it 0 II x # 3w z 1 3Hgo +9� Vis 3NIIH',)Mivmvlm Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS a rN NOISN`ddX3 W31SAS Airlu l orland T2uuV 1SVB AVM)WVd ONOMSOU JO A,1I3 JHI I f 0 III Illl I, ply"� I I +I I I I ;II III I � III II f I I I IIJ � m., Y m I lal J I w - i - 10 1 I 101 Z �w I! a J — ti� LL I I I I t f I , I III III _ £-1N 133HS 00+ZZ tl1S 3WHOIVW a 71A 13 HS 0 F�' +ZZ VIS 3 I-lHOJ-VVI Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS NOISNVdX3 W31SASA1nun onand 72uuv ISV3 AVMN1AVd CINOMSON 40AID FIHI w U. 0 w a. Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS r. NOISNVdX3 W31SAS Alnun onand i 1SV3 AVMNbVd 4NOWVS0N l 30 JC LIB �H L I `MM�3loof i 6bls�r•la �.-._.ul a' FS 1016 13 { 1 3 IIH� VVT om 0 + S W J Li O W a Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS NOISNVdX3 W31SAS A-Lriu l oriand T 3 � �uu "zw 1S�d3 Ab�ANd21'dd aNOW11S02i dO1�LIJ 3HL� I J THE CITY OF Anna Item No. 7.j. City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on the creation of the Anna Library Advisory Task Force (Director of Public Works Greg Peters, P.E.) SUMMARY: On May 1, 2021, Anna voters approved the issue of $58 million in bonds to finance the design and construction of a second fire station, library/community center, and recreational and sports facilities. Proposition B was approved for the development of a public library/community center. This $22 million proposition includes the design and construction of a library with multipurpose recreation, meeting, and classroom space. The facility will be designed with public input and the goals of the recently adopted Comprehensive Plan. The facility will be located on the northeast corner of the municipal campus complex on State Highway 5 / North Powell Parkway. The City is working on the development of a strong team to plan, manage, design and construct this new public facility. Anna Neighbors deserve an award -winning library facility, and putting together a strong team is essential to meeting that goal. Last month, the City Council approved a professional services agreement with Project Advocates to provide pre -design due diligence services for the City, including the development of a detailed cost plan and project charter for the project. This agenda item will create a task force of community members who will work with Project Advocates to craft the vision for the facility, develop a project charter for City Council adoption, and assist in outreach to the community for the project. Attached is Exhibit A, which provides an overview of the role of the APLE Task Force and the process which will be followed. Staff is recommending that the APLE Task Force be comprised of the following community members, to be selected by the City Council, with the exception of the City Staff member to be selected by the City Manager: • 2 City Council Members • 1 EDC/CDC Board Member • 1 Park Board Member • 1 Planning & Zoning Board Member • 1 Diversity & Inclusion Board Member • 1 Friends of the Anna Community Library Board Member • 1 Representative of Anna ISD • 1 Member of City Staff This 9 member task force will conduct essential work on the pre -design phase of the project and its members will be valued members of the project team. This task force will be advisory in nature and will have no financial responsibility or authority. At the conclusion of the assigned task, will be dissolved and stand down. The task force will have a staff liaison, who will serve as the project manager and will be selected by the City Manager. FINANCIAL IMPACT: Funding for a Community Library was approved in the 2021 Bond Election. The Community Investment Program budget for the library is $22.0 million. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: Staff recommends that the City Council make a motion to create the Anna Public Library Engagement Task Force and select community members for participation. ATTACHMENTS: Exhibit A - CoA Project Advisory Summary APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 11/3/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 us III : to I INW&SIN manna Anna Public Library Engagement Task Force Overview • Proiect Information • Task Force Goals • Task Force Composition • Next Steps THE CITY OF manna Project Information • Anna Neighbors approved $22M in Municipal Bonds to fund the construction of a new public library in Anna. • The proposed site for the facility is on the northeast corner of the existing Municipal Complex property located at SH 5 and 5tn Street. 0 1 •wtr K 11' :ZTs W FOURTH ST 11 FIF•I'Ff T W F1 TH Anna Public Library Engagement Task Force Role & Goals • Represents the needs of the community and assist in defining the goals and objectives of the project • Help document and evaluate the needs of the community and ensure that the needs of the community are reflected in the project charter • Provide a communication channel between the community and the City Council • Stimulate public awareness and interest in the library project and advocate for the library building and services • Assists in promoting and publicizing the library project to the community Task Force Composition • Staff is recommending that the APLE Task Force be comprised of the following community members, to be selected by the City Council, except for the City Staff member to be selected by the City Manager: • 2 City Council Members • 1 EDC/CDC Board Member • 1 Park Board Member • 1 Planning & Zoning Board Member • 1 Diversity & Inclusion Board Member • 1 Friends of the Anna Community Library Board Member • 1 Representative of Anna ISD • 1 Member of City Staff THE CITY OF manna Next Steps • Tonight, staff is requesting for the City Council to nominate and select community members for positions on the Anna Public Library Engagement (APLE) Task Force. • In December, Staff plans to bring a scope to the City Council for consideration to move forward with adding a library space planning and public engagement expert to the team. • Once the task force is in place the City will begin the process of research, analysis, public engagement, and development of the project charter. THE CITY OF manna er PROJECT ADVOCATES Your Proj"( OUrPass�O- The City of Anna Library Project Advisory Committee Summary THE CITY OF Anna Advisory Committee Purpose As a growing and emerging city, The City of Anna is embarking on setting the foundation for its municipal buildings. While the City Hall serves the governmental arm of the city, the Library is positioned to serve the community. Therefore, it is essential that the project team establish and maintain early relationships within the community. The success of the Library project is dependent upon active involvement from individuals who will contribute ideas and concepts. This initial phase of the project will identify and determine the services of the library to serve the community. The community goals and objectives will be filtered by information gathering events such as focus groups and surveys. The information gathered will be evaluated and used to dictate the services desired, space allocation and overall project charter. Advisory Committee Role • Help document the needs of the community • Ensure that the needs of the community are reflected in the library project charter • Maintained throughout the project Advisory committee members will play a critical role in the development of the project program. They serve in the following areas: • Provide a communication channel between the community and the City Council • Stimulate public awareness and interest in the library project • Advocate for the library building and services Advisory Committee Functions • Assists in promoting and publicizing the library project to the community • Evaluates community feedback to help establish the needs of the community • Assists in defining the goals and objectives of the library project • Represents the needs of the community Advisory Committee Composition The advisory Committee should be composed of individuals who represent the demographics of the community, including ethnic and gender diversity • Members should be drawn from both private and public sectors • The committee should include 7-9 voting members. One voting member should be designated chair and another vice -chair THE CITY OF er PROJECT ADVOCATES Anna four Projerf OurPuss�au- Advisory Committee Meetings/Time Expectations This initial phase of information gathering, and development of the project charter is expected to start in December and run for a maximum of six months. During those six months, the following meetings and events are expected to occur: • Multiple focus group meetings — attendance of advisory committee members can alternate. Focus group meetings with the community are expected to average 1.5 hours each, and can range between 9-12 meetings • Library tours — all committee members are expected to attend in participate in the library tours. Library tours are expected to not exceed two days • Committee advisory members should expect to attend at least two meetings per month THE CITY OF Anna 100019WAR City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Jim Proce AGENDA ITEM: Consider/Discuss/Action on appointment of Council Liaisons for Boards and Commissions. (City Manager Jim Proce) SUMMARY: Council took action January 12, 2021 to appoint Board and Commission liaisons. Current appointments are as follows: Parks Advisory Board Mayor Nate Pike Council Member Atchley Diversity and Inclusion Commission Deputy Mayor Pro Tern Josh Vollmer Council Member Danny Ussery EDC/CDC Mayor Pro Tern Lee Miller Deputy Mayor Pro Tern Josh Vollmer Planning and Zoning Commission Council Member Stan Carver 11 Council Member Kevin Toten 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: Review and confirm appointments based upon Council desire. ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 11/4/2021 Terri Doby, Budget Manager Approved - 11/4/2021 Jim Proce, City Manager Final Approval - 11/5/2021 THE CITY OF Anna �IMM1 ►19WAIII City Council Agenda Staff Report Meeting Date: 11/9/2021 Staff Contact: Jim Proce AGENDA ITEM: Consider/Discuss/Action on a Resolution Casting Votes for the Board of Directors for the Collin County Central Appraisal District. (City Manager Jim Proce) SUMMARY: The City Council of the City of Anna has fifteen votes to cast for the Board of Directors for the Collin County Central Appraisal District. The Board of Directors serve a two-year term beginning January 1, 2022. Attached is the official ballot and a letter from CCAD which contains a list of the nominations, whether they are a current board member, which city nominated the candidate, and where the candidate resides. The City Council may choose to cast all votes for one candidate or elect to divide them between candidates. The City Council must vote in an open meeting, report the votes in a written Resolution, and submit the Resolution to the Chief Appraiser by December 15, 2021. 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: Staff recommends approval of a Resolution to cast the City's fifteen votes for the CCAD Board of Directors. ATTACHMENTS: 1. Res CAD BOD 2. 20211103144513400 APPROVALS: Carrie Land, City Secretary Created/Initiated - 11/2/2021 Terri Doby, Budget Manager Approved - 11/2/2021 Jim Proce, City Manager Final Approval - 11/5/2021 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. WHEREAS, The City of Anna, Texas has fifteen votes to cast in the election of the Board of Directors, Central Appraisal District of Collin County; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The facts and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Acknowledgement The City Council of the City of Anna, Texas votes for the following candidate(s) for the Board of Directors, Central Appraisal District of Collin County; (Candidate) Earnest Burke Ronald Carlisle Zewqe Kagnew Ronald L. Kelley Brian Mantzey Kenneth Maun Wayne Mayo Gary Rodenbaugh Ed Standridge Caron Kincaid Underwood (Votes Cast) PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of November, 2021. APPROVED: Nate Pike, Mayor ATTESTED: Carrie L. Land, City Secretary Collin Central Collin Central Appraisal District October 25, 2021 Carrie Land, City Secretary City of Anna P. O. Box 776 Anna, TX 75409 RE: Board of Directors election, two-year term, beginning January 1, 2022 I•ZxTiJi��1T:A Enclosed you will find the ballot listing the nominees for the Board of Director positions for the Collin Central Appraisal District. The candidates are listed alphabetically by their last name. ➢ It must be clear that I am not advising any entity regarding casting votes for candidate(s). That said, I have been instructed by Mr. Wayne Mayo, based on medical reasons, that he would be unable to serve in the 2022-2023 term, if elected. ➢ Mr. Mayo announced to the existing board several months ago that he would not seek or agree to serve in the 2022-2023 term. o Not knowing whether he had changed his mind about serving, when the entities were going through the nomination process, I waited until Ballot time to contact him. His wife confirmed to me this morning that extremely serious medical issues would make it impossible for him to serve, if elected again. Each voting unit must vote in an open meeting, report its vote by written resolution, and submit the resolution to the chief appraiser before December 15, 2021. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the chief appraiser may not count votes for someone not listed on the official ballot. Sincerely, Bo Daffin Chief Appraiser Enclosure 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney, Texas 75069 Toll -Free 866.467.1110 Customer Service Fax 469.742.9207 www.collincad.org 2022 — 2023 COLLIN CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS Page 2 of 2 ISSUED TO: City of Anna OFFICIAL BALLOT NUMBER OF VOTES: 15 FOR: BOARD OF DIRECTORS, COLLIN CENTRAL APPRAISAL DISTRICT, TWO-YEAR TERM BEGINNING JANUARY 1, 2022. October 25, 2021 NOMINEES VOTES EARNEST BURKE RONALD CARLISLE ZEWGE KAGNEW RONALD L. KELLEY BRIAN MANTZEY KENNETH MAUN WAYNE MAYO GARY RODENBAUGH ED STANDRIDGE CARSON KINCAID UNDERWOOD Bo Damn, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the chief appraiser, at 250 Eldorado Pkwy., McKinney, Texas 75069, before December 15, 2021. 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney, Texas 75069 Toll -Free 866.467.1110 Cust Service Fax 469.742.9207 www.collincad.org Collin Central Collin Central Appraisal District 2022 - 2023 COLLIN CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS EARNEST BURKE RONALD CARLISLE ZEWGE KAGNEW RONALD L. KELLEY BRIAN MANTZEY KENNETH MAUN WAYNE MAYO GARY RODENBAUGH ED STANDRIDGE CARBON KINCAID UNDERWOOD Is a current board member and has served since 1/2016. Nominated by Plano ISD. Resides in Plano, TX. Is a current board member and has served since 1/1994. Nominated by City of Frisco and Royse City D. Resides in Frisco, TX. Nominated by the City of Wylie. Resides in Wylie, TX. Nominated by Plano ISD. Resides in Plano, TX. Nominated by the City of Anna and the City of McKinney. Resides in McKinney, TX. Nominated by the City of Lucas. Resides in Fairview, TX. Is a current board member and has served since 1/1998I Nominated by the City of Lucas. Resides in Richardson, TX. Is a current board member and has served since 1/2001. Nominated by the City of Allen, the City of Lucas and Allen ISD. Resides in Allen, TX. Nominated by the City of Parker. Resides in Parker, TX. Nominated by the City of Plano. Resides in Plano, TX. 250 Eldorado Pkwy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney, Texas 75069 Toll -Free 866.467.1110 Customer Service Fax 469.742.9207 www.collincad.org