HomeMy WebLinkAboutRes 2008-05-09 Amended and Restated Facilities Agreement for UDF NorthpointeCITY OF ANNA
RESOLUTION NO. 2008-05-09
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDED AND RESTATED FACILITIES AGREEMENT BETWEEN THE CITY OF
ANNA AND UDF NORTHPOINTE, LLC
WHEREAS, the City of Anna, Texas ("the City"), has negotiated with UDF Northpointe,
LLC ("Developer) regarding a certain Amended and Restated Facilities Agreement
("Agreement's; and
WHEREAS, the City Manager has concluded said negotiations with Developer and a
proposed written drafted of the Agreement has been presented to and reviewed by the
City of Anna, Texas City Council ("City Council"); and
WHEREAS, the City Council has determined that the negotiated Agreement is in the
best interests of the City and its citizens;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
The City Manager is hereby authorized to execute the Agreement on behalf of the City,
subject to approval of the Agreement by the City Attorney.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 27th
day of May, 2008.
ATTEST: /APPROVED:
N�kison, City Secretary Kevin Anderson, Mayor Pro Tem
Res. 2008-05-09 Nmthpom" Crossing Approving Restated& Amended Developer Agreemem.doc 1 05-27-08
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTD.POINTE, LLC -184.01 ACRE TRACT
TIBS AMENDED AND RESTATED FACILITIES AGREEMENT (this "Agreement") is
entered into as of the Effective Date (hereinafter defined) by and between the CITY OF ANNA,
TEXAS, a municipal corporation, existing under the laws of the State of Texas (the "CCt " ), and
UDF NORTH POINTE, LLC, a Texas limited liability company, and/or its assigns (collectively,
"Developer").
RECITALS:
A. Developer is the successor to Centurion American Development Group as the owner of
the tract of land located within the City consisting of approximately 184.01 acres commonly
known as the Northpointe Crossing subdivision (the `Pro "), which tract is illustrated on
Exhibit A and described in Exhibit B (legal description).
B. Developer desires to develop the Property to include an estimated 780 single-family lots
(the "Develo me ').
C. On September 28 2004, the City annexed the Property and, pursuant to Ordinance No.
157-2004, zoned it as Planned Development to include development rights that are consistent
with the proposed Development.
D. Development of the Property requires the construction of water, sanitary sewer, road, and
railroad crossing improvements, including but not restricted to, the following off-site
improvements (collectively, the "Off -Site Public Improvements"):
(i) those water supply improvements shown as Exhibit C required to serve the Development (the
"Off -Site Water Improvements");
(ii) those sanitary sewer service improvements shown on Exhibit D required to serve the
Development (the "Off -Site Wastewater Improvements"); and
(iii) those road and milroad-crossing improvements required to serve the Development and
described in Exhibit E (the "Off -Site Road Improvements"l.
E. Development of the Property entails the dedication and improvement of parks and park
facilities, including but not limited to an eight (8) loot wide concrete walking trail and associated
amenities, within the area shown on Exhibit I as the park and greenbelt area (the "Park
Improvements").
F. Developer and the City desire to set forth their respective obligations with respect to
development of the Property and design and construction of all public improvements related
thereto, including the obligation of Developer to construct the Off -Site Public Improvements,
and the right of Developer to be reimbursed for certain of its costs of providing the said Off -Site
Public Improvements, and the obligation of Developer to dedicate and construct Park
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Improvements and the right of Developer to be reimbursed for certain of its costs to construct
Park Improvements.
G. Developer acknowledges that the obligations undertaken under this Agreement, including
but not limited to the payment of any required fees, the construction of Off -Site Public
Improvements and the dedication of property, are not exactions or concessions demanded by the
City but rather are of Developer's voluntary design to ensure consistency, quality, and adequate
infrastructure that will benefit its development. Developer also acknowledges that the
obligations undertaken under this Agreement are primarily for the benefit of the Property.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in
this Agreement, the City and Developer agree as follows:
1. ROADWAY AND RAILROAD CROSSING IMPROVEMENTS.
Developer shall be responsible for the construction of all on-site roadway improvements required
to serve the Property.
As part of the Off -Site Road Improvements, Developer shall be responsible for constructing a
two lane thoroughfare of twenty-five feet width from back of curb to back of curb along CR 376
from the intersection of North Powell Parkway (State Highway 5) eastward across the Dallas
Area Rapid Transit (DART) railroad crossing to the most westerly entry into the Property as
generally shown on Exhibit E (such section of Off -Site Roadway Improvements being
hereinafter referred to as the "FhomughfaretRailroad Crossing Improvements"). Developer shall
also be responsible for constructing a four lane divided roadway at the DART railroad crossing,
said four lane roadway being 10 linear feet across the railroad crossing with each two lane
section of the four lane roadway being twenty-five feet in width from back of curb to back of
curb.
Developer shall be responsible for constructing the remaining Off -Site Road Improvements
along CR 376 as shown on Exhibit E prior to the issuance by City of building permits for homes
within the Development, save and except building permits for model homes. Developer shall
complete the Off -Site Road Improvements along CR 1106, as shown on Exhibit E, prior to the
issuance by City of building permits for homes within Phase 3 of the Development, as such
phase is shown on the Concept Plan for the Development (Exhibit F).
Developer shall construct all on-site road improvements and all Offsite Road Improvements in
conformance with the City's Subdivision Ordinance, Design Standards, and other relevant
regulations and standards of the City; save and except the railroad crossing which shall be
constructed in conformance with the standards promulgated by DART.
Developer engaged Innovative Transportation Solutions, Inc. ("Innovative'), a traffic engineer,
to conduct a Traffic Impact Analysis (T1A) conforming to requirements of the Texas Department
of Transportation (TXDOI) to determine access requirements at the intersection of CR 376 and
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State Highway 5 (also known as North Powell Parkway). Innovative prepared a TIA dated July,
2007 (the "Innovative TIA"). City and Developer have reviewed and approved the Innovative
"CIA. Pursuant to the recommendation of the Innovative T'IA, a -right turn deceleration lane along
northbound State Highway 5 at CR 376 should be constructed after 125 homes are constructed
and occupied in the southern portion of the development. Developer agrees to construct the right
turn deceleration lane along northbound State Highway 5 at CR 376 after 125 homes are
constructed and occupied in the southern portion of the development, provided, however, in the
event the two south lanes of CR 376 at Highway 5 (which will ultimately be served by the right
turn. lane) are not then constructed or under construction at the time 125 homes are constructed
and occupied in the southern portion of the development, Developer will be allowed to tie the
right turn deceleration lane into the two existing north lanes of CR 376 at Highway 5.
City will apply for and attempt to obtain any permits or other approvals as the same relate to the
construction of the Off -Site Road Improvements, provided that the City is required to obtain any
such permits or approvals from the following entities: the City of Van Alstyne, Collin County,
`IXDOT and/or DART. The costs associated with obtaining any such permits shall be home by
Developer.
2. WATER
(a) Developer Obligations.
Developer will be responsible for all on-site water improvements required to serve the Property.
Developer will be responsible for constructing all Off -Site Water Improvements as set forth on
Exhibit C. City and Developer agree that the actual cost of all Off -Site Water Improvements is
$81,324.93 (the "Water Improvements Costs') as detailed on Exhibit G attached hereto.
The City shall collect from each Home Builder at the time of the issuance of a building permit a
meter installation fee of $275.00. The City shall be responsible for meter installation.
(b) City Obligations.
The City agrees to provide potable water to serve the Property in an amount, quality, and
quantity to meet Texas Commission on Environmental Quality ("TCEO') and Texas Department
of Insurance standards. The City or water supplier to which the City assigns the right to supply
water will be responsible for such water supply to the Development as long as the Property is
part of the City. The City of Anna holds a Certificate of Convenience and Necessity to serve
water to the Property.
City will collect water impact fees from Home Builders on the Property and will remit 100% the
water impact fees so collected to Developer on a calendar quarterly basis until the total remitted
to Developer is equal to the Water Improvements Costs, after which time the City shall retain all
water impact fees collected on the Project.
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3. SANITARY SEWER.
(a) Developer Obligations.
Developer will be responsible for all on-site wastewater improvements required to serve the
Property, subject to the obligation of the City to remit to Developer upon completion of the
offsite wastewater improvements a portion of the costs therefore. On-site improvements include
any lift stations and associated force mains designed specifically to serve the Property.
Developer will be responsible for constructing the Off -Site Wastewater Improvements as set
forth on Exhibit D. City and Developer agree that the actual cost of all Off -Site Wastewater
Improvements is $602,000.51 (the "Wastewater Improvements Costs") as detailed on Exhibit H
attached hereto.
(b) City Obli atg ions.
The City agrees to provide wastewater treatment facilities required to serve the Property in an
amount, quality, and quantity to meet Texas Commission on Environmental Quality (`°fCE�")
standards. The City or wastewater treatment provider to which the City assigns the right to
provide wastewater treatment services will be responsible for such wastewater treatment services
to the Development as long as the Property is part of the City. The City's obligation to provide
wastewater treatment services does not include any pretreatment requirements which may
become required by law or by future obligations associated with any existing or future interlocal
agreements entered into by the City for wastewater treatment. The City of Anna holds a
Certificate of Convenience and Necessity to provide sanitary sewer service to the Property.
Notwithstanding the provisions in subparagraph (a) above, City will remit to Developer within
ten (10) days from acceptance by City of the Wastewater Improvements Costs an amount of
money equal to $286,000.51 (the "City Wastewater Contribution'), being difference between
$602,000.51, the actual Wastewater Improvements Costs detailed on Exhibit H, and $316,000.00
(the "Initial Scope Costs").
City will collect sewer impact fees from Home Builders on the Property and will remit to
Developer 52.49°/q being the percentage computed by dividing the Initial Scope Costs by
602,000.51, the actual Wastewater Improvements Costs detailed on Exhibit H, of the sewer
impact fees collected from Home Builders on a calendar quarterly basis until the total remitted to
Developer is equal to $316,000.00, the Initial Scope Costs, after which time, the City shall retain
all sewer impact fees collected on the Project.
4. CONSTRUCTION OF PUBLIC IMPROVEMENTS.
(a) Design and Construction. All Public Improvements -shall be designed and constructed
consistent with the City's subdivision regulations and generally accepted engineering practices.
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(b) Condemnation. Developer agrees to use reasonable efforts to obtain all third -party
rights-of-way (west of the DART rail line), if any, required for the Public Improvements. If,
however, Developer is unable to obtain such third -party rightof-way, the City agrees to secure
such right-of-way through the use of the City's power of condemnation. Developer shall be
responsible for all reasonable and direct costs and expenses paid or incurred by the City in the
exercise of its condemnation powers, including attorney's fees, and shall escrow with a third
parry the City's reasonable estimated costs and expenses as funds are needed by the City (but in
no event later than the date the City initiates condemnation proceedings). Developer shall have
the right, but not the obligation, to manage, onbehalf of the City, the expenditure of such
escrowed funds including, but not limited to, the selection and payment of appraisers. The City
will use all reasonable efforts to expedite such condemnation procedures so that the Public
Improvements can be constructed as soon as possible. If the City's costs and expenses exceed
the amount of escrowed funds, Developer shall deposit additional funds within ten (10) days
after written notice from the City. Any unused escrow funds will be refunded to Developer
within ten (10) days after any condemnation award becomes final and nonappealable. Nothing
in this Section 4(b) is intended to constitute a delegation of the police powers or governmental
authority of the City, and the City reserves the right, at all times, to monitor and control all
condemnation activities in accordance with the laws of the State of Texas.
(c) City held harniless for Public Improvements undertaken by Developer and limitation of
remedies
It is expressly understood and agreed that the City shall have no right of control, supervision, or
direction over the design or construction of any Public Improvement in the event Developer
undertakes to assume control over that Public Improvement, nor the means, methods, sequences,
procedures, and techniques utilized to complete the Project Improvements. There shall be no
joint control over any Public Improvement. City shall exercise customary inspection and
permitting functions, as required by City ordinances and regulations. Developer agrees to fully
defend, indemnify and hold harmless the City from any claim, proceeding, cause of action,
judgment, penalty, or any other cost or expense arising or growing out of or associated with all
Public Improvements undertaken to be completed by the Developer, including without limitation
attorney fees incurred in defending itself or in enforcing this Agreement.
By entering into this Agreement, Developer waives all rights and remedies in law or in equity
except to seek enforcement of specific performance of the obligations under this Agreement or
damages for the amount of impact fees actually collected by City and not remitted to Developer.
5. PARK IMPROVEMENTS.
(a) Eight Foot(8') Walking Trail.
The Developer will he responsible for constructing an eight foot (8') walking trail through the
greenbelt area in the location shown on Exhibit I starting at Bowen Drive and continuing through
to Dumas Drive. The eight foot (8) walking trail shall be constructed within ninety (90) days
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after the completion of the next phase adjacent to the greenbelt area where the eight foot (8')
walking trail is to be located following the completion of Phase 1 North and Phase I South. The
Park Improvement Costs (as defined below) shall include all costs to construct the eight foot (8')
walking trail and all associated costs such as grade work, irrigation, erosion control, and
plantings.
(b) Six Foot (6') Walking Pte.
A six foot (6') walking trail shall be constructed by the single family home builders initially
building homes on the lots along the west side of Grandview Avenue from County Road 376 to
Jenkins Street in the location shown on Exhibit I. The six foot (6') walking trail shall be
constructed in the right of way of Grandview Avenue one foot (1') inside the boundary of the
right of way. The cost and construction of the six foot (6') walking trail shall be the sole
responsibility of the single family builders constructing the trail. The completion of the six foot
(6') walking trail on each lot must be completed to coincide with the receipt of final city
acceptance of the home constructed on that lot. The requirement of the builders to construct the
six foot (6`) walking trail will be included in the restrictive covenants for the Development that
establishes the homeowners' association.
(c) Greenbelts.
The Developer shall dedicate an access easement to the City over the entire greenbelt area for the
purposes of constructing and maintaining a walking trail and all associated improvements. The
greenbelt area upon which the easement will be dedicated is shown on Exhibit I. The greenbelt
areas west of Bowen Drive and east of Dumas Drive shown on Exhibit f are to he dedicated by
the Developer for future development tie-ins by the City or other developers. The greenbelt area
will be owned and maintained by the homeowners' association, but the City will have the right,
but not the obligation, to maintain the greenbelt area.
(d) Amenity Center(s).
The Developer will be responsible for constructing a private amenity center for use by the
members of the homeowners' association established for the Development within Phase 1 South
that will be open on or before June, 2009. The Developer, upon the completion of the next phase
of the Development following the completion of Phase I North and Phase I South, shall either
(i) construct an additional amenity center within Phase I North, or (ii) construct those roads
necessary for the Phase 1 North homeowners to have driving access within the community to the
amenity center constructed in Phase I South.
(e) Park Improvement Costs.
Upon completion of the eight foot (8') walking trail, Developer shall submit documentation of
the costs related thereto (the "Park Improvements Costs") to the City for review and approval,
which review shall be performed in a timely manner and which approval shall not be
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unreasonably withheld. City will collect park impact fees from Flume Builders on the Property
and, upon approval of the Park Improvement Costs, will remit the park impact fees so collected
to Developer on a calendar quarterly basis until the total remitted to Developer is equal to the
lesser of the Park Improvements Costs or $175,000.00, after which time, the City shall retain all
park impact fees collected on the Project.
6. EFFECTIVE DATE.
Notwithstanding anything to the contrary contained herein, this Agreement shall be effective
only upon the approval of this Agreement by the City Council of the City such that it is the
binding and enforceable obligation of the City. The date on which the last of the foregoing
conditions is satisfied is called the "Effective Date". Developer shall advise the City as to the
date of acquisition of the Property by Developer or its assignee.
RELEASE.
Upon the full and final satisfaction by the City acrd Developer of all their respective obligations
and covenants under this Agreement, the City and Developer shall execute a release of this
Agreement (in recordable form) terminating this Agreement as to the portion of the Property in
question and fully releasing the City and Developer, their successors and assigns, from any
further obligations or covenants hereunder relating to the portion of the Property being released.
The release contemplated by this Section 7 shall, at Developer's request, be effective with
respect to a specific phase of the Development, as applicable, upon final satisfaction by the City
and Developer of their respective obligations with respect to such phase of the Property.
SUCCESSORS AND ASSIGNS.
All obligations and covenants of Developer under this Agreement shall constitute covenants
running with the land, and shall bind Developer and each successive owner of all or any portion
of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the
owner of any residence that is purchased by such owner from a homebuilder, and (ii) be
subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances
residences constructed on the Property. Without limiting the generality of the foregoing: (a)
Developer may assign this Agreement to the party to whom Developer assigns its rights as a
purchaser under any contract for the sale of the Property, or any portion thereof; and (b)
Developer as well as any successor owner of all or a portion of the Property who is bound by this
Agreement (Developer or any such successor owner is referred to herein as the "Owner") may
assign this Agreement either in its entirety (if the assignee is to own all of the Property) or in part
(if the assignee is to own only a portion of the Property) and in such event (i) the Owner
conveying such portion of the Property shall be automatically released from the obligations of
"Developer" as to all or a portion of the Property (as applicable), and (ii) the assignee to whom
this Agreement is so assigned in whole or in part shall be deemed to have assumed the
obligations and rights of "Developer" as to the portion of the Property which is owned by such
assignee. In the event of any partial assignment of this Agreement, then notwithstanding
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anything to the contrary contained herein, the obligations and rights of Developer under this
Agreement shall be the several (and not the joint and several) obligations and rights of each such
Developer. The terms and provisions of this Agreement shall otherwise bind and inure to the
benefit of the City, Developer, and their respective successors and assigns. Each person signing
this Agreement represents and warrants that (i) he/she has the authority to enter into this
Agreement on behalf of (and to bind) the party on whose behalf such person is signing this
Agreement, and (ii) no further authorization or consent from anyone else is necessary to make
this Agreement the binding obligation of the party on whose behalf such person is signing this
Agreement.
9. COMPLETE AGREEMENT.
This Agreement amends, restates, supersedes and wholly takes the place of that certain Facilities
Agreement -Centurion American Development Group 184.01 Acre Tract by and between the City
and Centurion American Development Group pertaining to the Property (the 'Prior Facilities
Agreement"). The Prior Facilities Agreement is hereby terminated. This Agreement embodies
the entire Agreement between the parties hereto and cannot be varied or terminated except by the
written agreement of the parties. If any provision of this Agreement is illegal, invalid, or
unenforceable, then the remainder of this Agreement shall not be affected, and there shall be
added as a pari' of this Agreement a provision as similar in terms to such illegal, invalid, or
unenforceable provision as may be possible and be legal, valid, and enforceable.
10. COUNTERPARTS AND EXHIBITS.
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute one and the same instrument. Fach exhibit
referenced in this Agreement is attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the City and Developer have executed this Agreement to be effective
as of the Effective Date.
UDE NORTH INT .L,C, a Texas limited liability company
BY
Mollis Greenlaw, President
CITY OF ANNA, TEXAS
By:
Karn �nrieth Pelham
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Title: Mayor
Attachments
Exhibit A -
Property Illustration
Exhibit B -
Legal Description
Exhibit C -
Off -Site Water Improvements Exhibit DOff-Site Wastewater Improvements
Exhibit E -
Off -Site Road Improvements
Exhibit F -
Concept Plan
Exhibit O -
Water Improvements Costs
Exhibit H -
Wastewater Improvements Costs
Exhibit I -
Location of Park Improvements
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PROPERTY ILLUSTRATION - MQUIRIT A
11
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NORT7iPOlNT6 CROSSING
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LEGAL DESCRIPTION - EXHIBIT B
NORTHPOINT CROSSING
ANNA, TX
I. I.G -KIMM
All that certain tract or parcel of land, being a part of the SAMUEL MOORE SURVEY,
ABSTRACT NO. 627, and the ROBERT WHITAKER SURVEY, ABSTRACT NO. 1011, and
being part of that called 188.971 acre tract described in Deed dated May 16, 1973, from 1. L.
Leslie, Karl Leslie, Billie Stimson DeArman and husband, Wilson 1. DeArman to Kerry E.
Burleson and Kenneth S. Burleson as recorded in Volume 866, Page 810, of the Deed Records of
Collin County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set at the Northwest corner of said called 188.971 acre tract,
and being in the center of County Road No. 1106, said point also being the Northeast comer of a
called 34.81 acre tract described in Deed from Naomi Morris to Milton Lentz as recorded in
Volume 798, Page 269, of said Deed Records;
THENCE South 87 degrees 38 minutes 33 seconds East, with the North boundary line of said
called 188.971 acre tract, and the center of said County Road No. 1106, a distance of 1699.44
feet to a 1/2 inch iron rod set for corner at the Northeast corner of said tract, said point being the
Northwest comer of the Collin County Estates, an unrecorded addition as shown on Slide 4533,
of the Plat Records of Collin County, Texas;
THENCE South 02 degrees 47 minutes 34 seconds West, with the East boundary line of said
called 188.971 acre tract, and the West boundary line of said Collin County Estates, passing at
30.21 feet a 1/2 inch iron rod with yellow plastic cap Stamped "EC&D RPLS 4084" found, and
in all a distance of 4283.53 feet to a 1/2 inch iron rod found for corner, said point being the
Northeast comer of a called 5.00 acre tract described in Clerk's File No. 97-0002873, said Deed
Records;
THENCE North 86 degrees 56 minutes 47 seconds West, with the North boundary line
of said 5.00 acre tract, a distance of 466.64 feet to a 1/2 inch iron rod found for corner;
THENCE South 02 degrees 54 minutes 05 seconds West, with the West boundary line of said
5.00 acre tract, passing a 1/2 inch iron rod found at a distance of 436.97 feet, and continuing for
a total distance of 469.25 feet to a point for comer in the center of County Road No. 376;
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THENCE North 87 degrees 15 minutes 40 seconds West, along the center of said
road, and the South boundary line of said called 188.971 acre tract, a distance of 710.18 feet to a
point for corner at the Southwest comer of said called 188.971 acre tract, and in the East right-
of-way line of the Union Pacific Railroad (100 foot right-of-way);
THENCE North 21 degrees 00 minutes 32 seconds West, with said East right-of-way, passing a
1/2 inch iron rod found at distance of 30.13 feet, and continuing for a total distance of 2927.06
feet to a 1/2 inch iron rod found for comer, said point being the most Westerly comer of this
tract;
THENCE South 86 degrees 58 minutes 07 seconds East, along the south boundary line of said
34.81 acre tract, a distance of 654.(A feet to a 1/2 inch iron rod found for corner, being the
southeast comer of said called 34.81 acre tract;
THENCE North 02 degrees 55 minutes 49 seconds East, with the West boundary line
of said called 188.971 acre tract, and the East boundary line of said 34.81 acre tract, a distance of
distance of 2063.04 feet to the POINT OF BEGINNING and containing 8,033,024 square feet or
184.41 acres of computed land.
TRAGI TWO:
All that certain tract or parcel of land, being a part of the Samuel Moore Survey, Abstract No.
627, and the Robert Whitaker Survey, Abstract No. 1011, and being that same called 5.010 acre
tract described in Deed dated May 22, 1974, from Kerry E. Burleson, Incorporated to Kerry F.
Burleson, as recorded in Volume 1896, Page 274, of the Deed Records of Collin County, Texas
and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set for corner at the Southeast comer of said called 5.010
acre tract, and being in the center of County Road No. 376, said point being in the west rigbt-of-
way of the Union Pacific Railroad, (t 00 foot right-of-way);
THENCE North 87 degrees 15 minutes 40 seconds West, with the South boundary line
of said tract, and the center of said County Road No. 376, a distance of 81.93 feet to 1/2 inch iron
rod set for comer, said point being in the Fast right-of-way of State Highway No. 5, (100 foot
right-of-way);
THENCE North 21 degrees 00 minutes 32 seconds West, with said Fast right-of-way,
a distance of 2928.13 feet to a 1/2 inch iron rod set for corner, said point being the northwest
corner of this tract;
THENCE South 86 degrees 58 minutes 07 seconds East, with the North boundary line
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of said 5.01 acre tract, a distance of 82.12 feet to a 1/2 inch iron rod set at the northeast comer of
this tract, and being in said west right-of-way line of the Union Pacific Railroad (100 foot right-
of-way);
THENCE South 21 degrees 00 minutes 32 seconds East, with west right-of-way line
of said Railroad right-of-way, a distance of 2927.67 feet to the POINT OF BEGINNING and
containing 219,583 square feet or 5.04 acres of computed land.
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NORTHPOlNTE CROSS/NG
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AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE, LLC -184.01 ACRE TRACT
WATER IMPROVEMENTS COSTS - EXHIBIT G
Item
Unit
Unit Price
Quantity
Price
12" Main
LF
$29.00
1017
$29,493.00
12" Valve
EA
$1,350.00
3
$4,050.00
12" X 8" Tee
EA
$500.00
1
$500.00
12" X 10" Tee
EA
5550.00
1
$550.00
12" End Cap
EA
$400,00
1
$400.00
12" to 6" connection
EA
$650.00
0
$0.00
12" to 10" connection
EA
$700.00
1
$700.00
Testing
1..5
$2.025.00
1
$2,025.00
Trench Safety
IS
$2,250.00
1
$2,250.00
Bore
LF
$200.00
205
$41,000.00
Fire Hydrants
EA
$2,000.00
0
50.00
Concrete Blocking
EA
$0.00
0
$0.00
Maintenance Bond
LS
$356.93
1
$356.93
TOTAL OFFSITE WATER PAID TO SITE
$81,324.93
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AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE, LLC -184.01 ACRE TRACT
WASTEWATER 111,1IPROTEHERTS COSTS "
EXHIBIT H
Item
Unit
Unit Price
Quantity
Cost
18* sewer
LF
$31.00
2548
$78,988.00
15" sewer
LF
$28.50
3945
$112,432.50
21" sewer
LF
$49.00
4641
$227,4090.0
10" sewer
LF
$26.00
125
$3,250.00
10" force main i
LF
$23.00
425
$9,775.00
8" stubr uts 2 . Oevelo ers cost
EA
$2,000.00
5
$10,000.00
BORES:
DART 10"I'M
LF
$300.54
125
$37,56750
TxDOT: 14" casing for 10" car
LF
$300.54
90
$27,048.60
TxDOT14" casing for 10" car 3
LF
$300.54
20
$6,010.80
20' Casing for 15" carrier
LF
$341.76
84
$28,707.84
20" Casincl for 15" carrier b
LF
$341.76
19
$6,493.44
Concrete Encasement
EA
$30,00
20
$600.00
4'Dia. Manhole
EA
$1,450,00
23
$33,350.00
TV STestin
LS
$10,815.00
1
$10,815.00
Trench Safety
LS
S420.00
1
$420.00
Trench Safety 5
LS
$400,00
1
$400.00
Clear and prub
LS
$8,000.00
1
$81000.00
Lower manholes HWY 5(11-50%
EA
$1.100.00
9
$4,950.00
Retest lines J12)-50%
LF
$0.85
1306
$555.05
Re Vac lest of manholes 12 -50°1
EA
$100.00
0
$450.00
Maintenance Bond 8% 6
LS
$597.222.73
0.008
S4,777.78
TOTAL
$602,000.51
Amtn to be Reimbursed through impact
fees
$316,000.00
Ari to be Reimbursed at acceptance
$286,000.51
I From (#mpertyline to in. prnni wheea gravity sar.
2 Stub outs an Sakes tract for hilure Ile ins
3 See change order #2 on invrare line 13
4. See change order #2 on invoice line 14
5 See change order 12 on invoice line 10
6..8%of total was pald for the maintenance bond when calcuilaed w1b lite new total ($597,22273)
the total comes ail to $4,777 78
The total used to calculate the original arnmoui was $925051 25 which 89/o of equals
$740041
Pagc 19 of 20
AMENDED AND RESTATED
FACILITIES AGREEMENT
UDF NORTHPOINTE, LLC -184.01 ACRE TRACT
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