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HomeMy WebLinkAboutRes 2021-11-1050 SIA Anna ISD for Sherley Elementary SchoolCITY OF ANNA, TEXAS RESOLUTION NO. pail - If. 1050 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: .��``►I���►tk i i i iu� �11pi OF ,q ''f•., APPROVED: City Secretary, Carrie Land ^ *Mayor, Nate Pike ••••''���f G!I I �SPI� 3i�L� �� 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 Ar,LLAAiiWnt aS kui% "I'artics,") ur ea%ii ii'idiVid'uaiiy aS ("Part t"); and WHEREAS, Developer owns approximately 20.00 acres of real property located in the City, described by metes and bounds in Exhibit A (the "Pro "); 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 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 primari ly 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 Coiutict with r `y" 1 e teiiiiS Gi uu� Aeciiicrit. 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 sei 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 gly means the City of Anna, a home -rule municipality located in Collin County, Texas. City Code means The Anna City Code of Ordinances. City Council means the governing body of the City. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of that individual if the designation is in writing and signed by the current or acting City Manager. City' + Re lug 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 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. Mayor means the Mayor of the City of Anna. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Public Improvements mean the improvements listed in Exhibit C and Exhibit D and all other improvements that will be dedicated to and maintained by the City and all other on- and off - site public water 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 SUBDMSION 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) Develo er'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 fmal 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) CiV'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/Sanitn 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 wunin the Development and one 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) Tilnirlg 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. Accentance of Public Infrastructure. and Developer'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-l" or better by A.M. Best's Key Rating Guide SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 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 Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the Real Property records of Collin County. This Agreement binds and constitutes a covenant running with the Property and, upon the Effective Date, is binding upon Developer and the City, and forms a part of any other requirements for development within the Property. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property. 8.2 Es=elCertificates. 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 1 l 1 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 Party originally drafted the provision. 9.5 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 9.6 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Agreement has been approved by appropriate action of Developer, and that each individual executing this Agreement on behalf of Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. 9.7 Severabi i . This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 9.8 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. 9.9 Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of 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] SRERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 15 DEVELOPER: Anna Independent School District a Texas Independent Sc of District By: -q&j, . 3.0�� Superintendent LIM THE STATE OF TEXAS COUNTY OF (!n l 1 i n v XXX.XXX, its Member This instrumem was acknowledged before me m the IC cL day of K1hfQln6f 2021, by & ,x.4 , Superiitteiident otf n,�,''��, a Texas Independent School District. •►'""'`�► HEATHER JEANELLE MACKEY olary Public in artd for the ,. tLe of Texas S�Y AGB�r '4i' Notary Public, State of Texas Comm. Expires 09-14-2024 '��►,°�,�.►• Notary ID 130814804 SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 17 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY OF ANNA By: ' / aW` Name: Nate Pike Title: Ma or Date: 11 20 2I STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on this Ehay of 2021, Nate Pike, Mayor of the City of Anna, Texas, on behalf of said City. CARRIE I . ! A.IJD 'I 6,4. '•; +° My Notary ID # ; 1419404 �cc Expires February 4, 2023 Notary Public, State of Texas [SEAL] SHERLEY ELEMENTARY SUBDIVISION IMPROVMENT AGREEMENT PAGE 16 Exhibit A METES AND BOUNDS DESCRIPTION OF THE PROPERTY BOUNDARY DESCRIPTION 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 Shedey Partners, Ltd. as recorded in Volurime 4466, Page 153, Deed Records, Collin County, Texas, (D.R.C.C.T.); and on the south right—of—way iirie of Farm to Market Highway No, 2862; THENCE S 01'20'55" W. clang the east line of said 20.00 acre tract and a west line of sold remainder of a calked 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 comer of said remainder of a called 123.45 acre Tract No. 1.1; THENCE N 8837'59" 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 a 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 said 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 stamped "Beer 4117" found; Along a curve to the right having a 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 an arc length of 423.56 feet, to a 1/2" iron rod and red cap stamped "Beer 4117" found; S 88'38'02" E a distance of 658.6.6 feet to the POINT OF BEGINNING and containing 19.99 acres of land or 870885.3 Sq. Feet, more or less. Exhibit B FINAL PLAT 10 Ll h 01 Io t v T 411' lm I k J. m­ Exhibit C PUBLIC IMPROVEMENTS — OPINION OF PROBABLE CONSTRUCTION COST 61ly Ctrsr■ 0 0.00 RernW■6Rwru1d11GhwnrurAFerrer fLLCI 450 480 030 040 rdm 9ealrlr ralvfin nl 0 OAO Remo- n. ProLocl wd Rc'nylulr Saab CWUDII 0 90 MO 4D000 009 ANrc iron Rnlnsvdl Cow 000 2Q,Dp0 0.Di Q 000 uTiLRlES SMPr lD0.00D 060 000 1-96 Ceta Ental. Wet Ma a Ca fina 151 55 SN1P1 w!ulllilies 0 D,DD Caw •e W E-W B v UM S Pwvldn T an■ Pum . Conrrxf 15' 95 W Lrtt SmD■n Bu I SMPI 10000 IM000 Om w ul.0ua a DAD Swvcut. Rnmay. A ftv ncu 6•POwn to Ldmlxt 19S5 5h1P7 w7 ula0n- p Q•00 RWnoVe lrP4-Cmnr�r WutvrP b 12'CAOQ }A PVC water rF Sw 5MR w: urNrea Q 0.00 w•um•ue., p D, fir Sind Enra"mnnt PI 0• PrrH anal — SMPI SA1Pr wi uM saa x•: rcw.ve■ A 0 O.p0 a10 eands97eu'a 5A1PI va wail.. w�uw V. .n umm9s wr utft 0 Q 0 a' 0.00 O.n0 ROD 000 1TP 9PAPI 12'SORIvotySIti1Pl 75• SQR.2& P1rC Saxe* P• SA1P1 O'SWIa S■w!r g OIA Ater 9 SHEvI Dp rtrndr Surdl BMPI 9NIPI 5l.1 Pi solar wr ulrm 0 0-00 rn u5llhes D W.y1 was 0 0,90 000 0 0-00 D DDD Ovr0er r-r0a,000 tM021 0 j 30,661 1,2asea Q.DD 2,81 P ICenl :r5.1' 67.5:4 gAX 3194 Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS r NOISNVdX3 W31SAS Alnan 3riand Y a 1SV3 AVMNNVd aNOWVSON �. F Z-MJ33HS 00+6 V1S 3NIIHOIVW l� Z7V1 3HS 00+6 V1S 3NI1HOLVI I _.. N p 0 Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS NO SNVdX3 wmsAs A1J7an onand �u� R► Y' y 1SV'3AVMMNVd ONOMSON :10 AID 1H.I. I '• i` �'�B�1S�N £ 133HS 00fft V1S 3NIIH3 VW - I rra v = m m m m = � .sw ° - 4W. l a 51 s5 � 1 � • �'; I, 5i lk r. �5fq�0a�N m =L„ Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS a ag, NOISNVdX3 W31SAS Alnun onand � u Sr,� 4 o 1SV3 AVM)QIVd aNOWVSOM 3UA.LC)9H1 M� j a NMS33tiS 0I]�LC V 3Nk WO 40 !! i A �, �� z IL lk 0; o v p mI Ii J§ Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS j N01SNVdX3 W31SAS A11" un 3riand 12 } 1SV3 AVIW1 M UNOMS021 _10 41D 21H.L s {'' I i I Z I IL i I la�l II � y$OC IN '. f I i 14111111 E-M 13-3HS O0+17 HAS 3NIlZU" lid it 9 15 Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS NOISNVdX3 W31SAS All an onand e ; 1SV3 AVMNNVd dNOWVS0N MTV Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS NOI8NVdX3 W31SAS A1nun onand L2uuv cr 1SV3 AVMNMVd aNOWVSON -10 U ] IM ---- ,II ,I. IL I � 'f Mi53JH$00-4VIS3 ni01 w J LL w IL Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS NOISN►ddX3 w3isn ILLi` un onand L71�11� ISd�l A'dfUlMVd QNOW 9011 dOJLLt7 3i!3 ;J Exhibit A METES AND BOUNDS DESCRIPTION OF THE PROPERTY BOUNDARY DESCRIPTION ALL that certain 19.99 acre lot, tract or parcel of land situated in th.e Gwyn Morrison Survey, Abstract Na. 559, Co'lli n County, Texas, being alI of a called MOO acre tract described in a gift deed -from Sherley Partners; Ltd. to Anna Independent School District as recorded in Volume 581,6, Page 29:.62, Official Public Records, Collin County, Texas, (O.P.R.C,CJ.), 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 20a30 acre tract, a northwest corner of the remainder of a called 123.45 a cre 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 line of Farm to Market Highway Nv. 2862; THENCE S -01'20155" W along the east line of said 20.00 9cre tract and a west Line of sold remainder of a ca led 123,45 acre Tract 'No. 1.1 a distance of 946 38 feet to a 1 /2" iron road and red cap stamped "Beer 4117" found at the southeast corner of said 20.00, acre tract and an ell comer of said remainder of a called 123.45 acre Tract No.. 1,1 THENCE N 8&37"59" w along the -south line of said 20.0.0 acre tract and o north line of said remainder of a called 123.45 acre Tract No., 1.1 a distance of 946.66 feet to a 1�'2-'' iron rod and red cap stamped "Beer 4-117" found at the southwest corner of said 24.00 acre tract, a northwest corner of said remainder of a called 123.45 acre tract, and on the east right—of—way line of said. Highway; THENCE along the common Fine between said 2:0,.00 acre tract and said Highway the fallowing. N 0Z35'49" E a distance of 678'.83 feet. to a 1 f 2" iron rod and red cap stamped "Beer 4117" found; Along a curve to the right having a central angle of 884.46'27#% a radius of 273.37 feet, a chord bearing and distance Hof N 46*56'32" E, 3:82.45 feet, through an arc length of 423.56 feet, to a 1l2" iron rod and red cap stamped "Beer 4117" found; S 88'38'02" E a distance of 658.6:6 feet to the POINT OF BEGINNING and containing 19.99 acres of land or 870885.3 Sq. Feet, more or less. ~�: / _ _ _ ~= _ _.=~=� - _ �~z:�r~- �� �~ ��-17 ~-~~ ~--~-~-- ' -~~`--- Exhibit C PUBLIC IMPROVEMENTS - OPINION OF PROBABLE CONSTRUCTION COST Prot: Anna - Rosamond Pkwy Utility Extension Loc: 705 Elm Grove, Anna Tx. 75409 Owner: City of Anna Arch: Salcado Group, Inc. pafa: 10- -2021 2 m Code Descrl� Bldg Area: 0 sf Sde Area: 448,894 sr 10.3 Acres j Scheduler 4 mo SubconlraCfor Estimator: AY Bond Rate' 2.00% SubcontractorNandar DiF�Site General Conditions Subs - _. MMI's 1111,477 Labor 38,181 Total 0 $1Sf 0.00 156,658 0.35 B Owner B Owner 0 000 Dewaterina cow 10,000 10,000 0.02 SWPPP COW 20,000 20,0DO U.04 Top and Meter Fees WAIVED BY CITY 0 0.00 Barricades COW 12.000 12,000 0.03 Serve /La out COW 5,000 5,000 0.01 Testing COW 8,000 8,000 0.02 01 0.00 COnt1Allow 0 OAO 4 Contingency 100,000 100,000 0.22 0 0.00 Site Costs 0 0.00 Remove 8 Reinstall Cha{niink Fence LLCI 450 480 930 0.00 Tem Security Fenalrl w/ qcs 0 0.00 Remove, Protect and Reinstall Scada Controls Buyout 40,000 40,000 0.09 Misc Tree Removal COW 20,000 20.000 0.04 0 0.00 UTILITIES SMPI 880,000 680,000 1.96 Core Exist. Wet Wait & Connect 15" SS SMPI wt utilities 0 0.00 Connect to Exist. Bypass Line & Provide Temp. ass Pumping Buyout 10,000 10,000 0.02 Connect 15" SS to Lift Station SMPI wl utilities 0 0.00 Sawoul, Remove 8 Replace 6" Paving - to Connect 15" SS SMPI wl utilities 0 0.00 Remove 12" Plug - Connect Water Pipe SMPI wl utilities 0 U.00 12"C90016 PVC Water Pipe SMPI w/utilities 0 0.00 18" Sleet Encasement Pie SMPI wl utilities 0 0.00 5' Fire H drents SMPI wl utilities 0 0.00 Plugs. Bends & Tee's SMPI wl u5lities 0 0.00 12' Plug SMPI w/ utilities 0 0.00 12" Valves SMPI w/ utilities 0 0.00 15" SOR-26 PVC Sewer Pipe SMPI wl utilities 0 On 8" Sanitary Sewer SMPI w/ utilities 0 0.00 5' DIA Manholes SMPI w/ utilities 0 0.00 Spoils Haul Off SMPI wl utilities 0 0.00 Trench Safety SMPI wl utilities 0 0.00 01 0.00 01 0.00 Owner • 1,105.000 1118,927 38,661 0 1,262,588 0.00 2.81 Percent Cost: KZ 9.4%1 3.1% MISC LAB BURDEN 42.00%1 42.00% 16,238 0.04 Bldrs. Risk $394 Si las Tax 0.00% 0 0.00 Gen. Liab. $5,115 Sub Total 1.278,825 2.85 OPL $0 B.R./G.LIOPL 6,509 0.01 P&P Bond $16,632 Fee 2.250% 28.898 1 0.06 P 8 P Bond (Time Adjusted) 16,632 0.00 Total Without Bond 1,329,864 0.00 Bid Amount p Exhibit D PUBLIC IMPROVEMENTS — PLANS AND SPECIFICATIONS NOISNVdX3 LAj-:usks Airlun onand 1SV3 AVM)*lVd (INOMSM] 40 UID alll Z-M133HS 00+6 VlS EINI�HOIVIAI T1 Z-Ak-U-3HS06+6:VlS3?111H3iVA o< U) �j zz ! of Sep Lu -i 0 ;lm t uo 000tt22mo Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS NOISNVdX3 W3ISAS AInIIn onand N ISV9 AVAAN Vd aNOMSON 3O IrA w J U. 0 w a Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS z.♦ NOISN`ddX3 W31SAS All an onand I �? 1SH3 AVMNHVd aNOMSON dO,kUD 3HL .......... ._ i3 ---....... g I 3NI-IH01 Y I PM133HS 00+LZ VIS t• t• t• � � t• � r Scs S4 RQID f. — PE �pUN7Y I I � , h e J I I � " tip. ' ; ! I Lc51 O 91 W tj is `RV_ 1 e Z-M 133HS OO+gI H1S � m NIIH is`+� Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS k F NOISNVdXEI W31SAS jurian OIlB g 1SV3 kVAA-NNVd (INOWVSOU Pir I 1,: j I I;I i I i I III I I lal I iI I I a I I I : I l a I � elxkl I 1 01 i 1 g I ILL � I I I f,91 1' II 1 I 1 1 i 1 I £-M 133HS nn+i 7. v i Q =,Kj , � I TaUUV d0 a I.I ; IUD 6 ea.. e 1 f I _.T W — — LL 0 i i 5 m g I 1 E- V%13i HS 0 +LZ US 3 I"IHOlb'W Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS NOISNVdX�3 W31SAS Alnun orland L3uuV 1S`d l AVAANN Jd C]NOMSM4 30ALIJAFi.I € s >i � V 9ktpio, - _ —3— _ — S 3hIIlH I 77 x g Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS TNOISNVdX3 W31SAS Airlu l orland Tauu ,I lI 1Sb3 A`dM)42ItJd ONOINVMtI d0 kuD alll g l� I � I ,I j i 7VI13 S 3 I IH� J LL. 2 a Exhibit D PUBLIC IMPROVEMENTS - PLANS AND SPECIFICATIONS 117111', NOISNVdx3 W31SAS A11111n 0113nd 1St/3 AVM3121t1d 4NOWb'S02s 1 aJ Z g a