HomeMy WebLinkAboutRes 2019-10-642 Green Meadows SIACITY OF ANNA, TEXAS
RESOLUTION NO. dell/- lC?—(r,L/ro�,
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
A SUBDIVISION IMPROVEMENT AGREEMENT FOR GREEN MEADOWS
SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND LACKLAND HOLDINGS,
LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED
HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Green Meadows Subdivision is an active development project in the City
of Anna; and,
WHEREAS, the sanitary sewer of Green Meadows Subdivision will be collected and
conveyed through an off0site sanitary sewer main to the Northpointe Lift Station; and,
WHEREAS, the Developer is required to make improvements to the Northpointe Lift
Station, including the installation of new pups and electrical components; and,
WHEREAS, the City has identified additional improvements to the Northpointe Lift Station
required to better serve the existing community, including the installation of SCADA
system improvement and an on-site generator; and,
WHEREAS, the Developer has agreed to construct, install, and share a portion of the
costs of the additional improvements identified by the City; and,
WHEREAS, the Utility Fund shall be used to fund the total City share of the cost of the
identified additional improvements in an amount not to exceed $200,000.00.
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 Funding.
That the City Manager is hereby authorized to fund the improvements as described in the
Subdivision Improvement Agreement attached hereto as Exhibit "A."
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15th
day of October 2019.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith
�,.��` OF qN'%,,� Mayor, Nate Pike
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GREEN MEADOWS SUBDIVISION IMPROVEMENT AGR JC1/*(4,/ ry
This Green Meadows Subdivision Improvement Agreement (this "A
into by and between the CITY OF ANNA, a home -rule municipality in Collin County, TEXAS
(the "City"), and LACKLAND CALMONT, LTD., a Texas limited partnership ("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 35.056 acres of real property located in the
City, described by metes and bounds in Exhibit A (the "Pro e "); and
WHEREAS, the Property is zoned as PD 781-2018 and shall be developed in accordance
with said zoning; and
WHEREAS, Developer desires to proceed with development of the Property to be known
as Green Meadows, as generally described and/or generally illustrated on the Final Plat shown in
Exhibit B (the "Final Plat"), which Development collectively totals approximately 120 lots; and
WHEREAS, the Parties intend that the Property be developed in accordance with Final
Plat and the Development Standards agreed to under this Agreement; and
WHEREAS, Developer desires and intends to design, construct and install and/or make
financial contributions to certain Public Improvements to serve the Development; and
WHEREAS, the Parties intend for the design, construction, and installation of the Public
Improvements to be completed by the Developer and dedicated to the City for use and
maintenance, subject to approval of the plans and inspection and acceptance of the Public
Improvements in accordance with this Agreement and the City Regulations; and
WHEREAS, the Developer has estimated that the costs of the Public Improvements to
serve the Property are as set forth as to said Public Improvements in the amounts shown in the
Opinion of Probable Cost in Exhibit C and that said total cost is approximately $4,517,490.37;
and
WHEREAS, the Developer shall be solely responsible for the funding and construction of
all of the Public Improvements required to serve the Property except as expressly set forth in this
Agreement; and
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE I
WHEREAS, the Public Improvements include certain improvements to an existing
sanitary sewer lift station (the "Lift Station") that will serve the Property and other areas not owned
by the Developer; and
WHEREAS, the Developer has estimated that the costs associated with the Lift Station
are as set forth in the amounts shown in the Lift Station — Opinion of Probable Construction Cost
in Exhibit D and that said total cost is approximately $293,900.00; and
WHEREAS, the Developer shall be obligated to complete construct improvements to the
Lift Station in accordance with the plans and specifications as set forth in Exhibit E and in
accordance with the City Development Standards, this Agreement, and other required approvals;
and
WHEREAS, Developer is willing to construct said improvements to Lift Station,
including 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 City desires to share in the cost of the Lift Station up to a maximum
amount of $200,000, representing the approximate amount of the cost of construction required to
provide for the Oversized Capacity; and
WHEREAS, Developer understands and acknowledges that the obligations undertaken
under this Agreement are primarily for the benefit of the Property; and
WHEREAS, Developer understands and acknowledges that the Public Improvements to
be constructed that Developer is obligated to set aside and/or dedicate under this Agreement will
benefit the Development by positively contributing to the enhanced nature of the Development,
increasing property values within the Property, and encouraging investment and ultimate
development of the Property; and
WHEREAS, Developer understands and acknowledges that its acceptance of this
Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of
Developer's voluntary design to ensure consistency, quality, and adequate public improvements
that will benefit the Development and the Property, including without limitation Developer's
agreement to adhere to the Development Standards; and
WHEREAS, the City and Developer understand and acknowledge that the construction of
the Public Improvements and related purchasing and contracting under this Agreement are exempt
from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, the City recognizes the positive impact the Public Improvements will bring
to the City and that said improvements will promote state and local economic development,
stimulate business and commercial activity in the City for the development and diversification of
the economy of the state, promote the development and expansion of commerce in the state, and
reduce unemployment or underemployment in the state and that this agreement is a program under
Chapter 380 of the Texas Local Government Code; and
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 2
WHEREAS, nothing contained in this Agreement, shall be construed as creating a
contractual obligation that controls, waives, or supplants the City Council's legislative discretion
or functions with respect to any matters not specifically addressed in this Agreement; and
WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend
this Agreement to supersede City Regulations only to the extent that City Regulations directly
conflict with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree as follows:
SECTION 2
DEFINITIONS
Certain terms used in this Agreement are defined in this Section 2. Other terms used in
this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context
requires otherwise, the following terms shall have the meanings hereinafter set forth:
Agreement means this Green Meadows Subdivision Improvement Agreement.
City means the City of Anna, a home -rule municipality located in Collin County, Texas.
City Code means the Code of Ordinances, City of Anna, Texas.
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.
Development means the Green Meadows subdivision on the Property that is the subject of
this Agreement.
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 3
Development Standards mean the design specifications and construction standards
permitted or imposed under the City Regulations and, as relates to construction of structures, those
standards set forth in Residential Building Standards, Exhibit F.
Effective Date means the effective date of this Agreement, which shall be the date upon
which all parties have fully executed and delivered this Agreement.
Final Plat means the final plat as approved by the City Council for the development of the
Property as depicted on Exhibit B.
Lift Station means the existing Northpointe sanitary sewer lift station to be improved and
upgraded by Developer in accordance with Exhibit E of this Agreement and which will serve the
Property and include the Oversized Capacity to serve other areas.
Mayor means the Mayor of the City of Anna.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Public Improvements mean the improvements listed in Exhibit C and Exhibit D and all
other improvements that will be dedicated to and maintained by the City and all other on- and off-
site public water, sewer, drainage, and roadway facilities, along with other public improvements,
such as landscaping and screening, to be constructed by Developer.
Public Infrastructure means all water, wastewater/sewer, detention and drainage, roadway,
park and trail, and other infrastructure necessary to serve the full development of the Property
and/or to be constructed and dedicated to the City under this Agreement. The term includes the
Public Improvements.
Real Property Records of Collin County means the official land recordings of the Collin
County Clerk's Office.
SECTION 3
PUBLIC IMPROVEMENTS
3.1 Construction, 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), 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.
GREEN MEADOWS 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.
(b) Upon inspection, approval, and acceptance of public roadway
improvements or any portion thereof required under this Agreement, the City shall maintain and
operate the public roadways and related drainage improvements.
(c) Within the Development, a homeowners association ("HOA") shall
maintain and operate all open spaces, all required trails, amenity centers, common areas,
landscaping, screening walls, Development signage and any other common improvements or
appurtenances within the Property that are owned by the Developer, its successors or assigns, or
the HOA, its successors or assigns, and not maintained or operated by the City.
3.3 Water Improvements.
(a) Developer's General Obligations. Developer is solely responsible for
funding, design, installation, and construction of all water improvements necessary to serve the
Property. The design of water improvements shall be approved by the City in advance of the
construction of same. Developer shall be responsible for the acquisition/dedication of any
easements and other property acquisitions necessary for water facilities (the size and extent of
each such easement or other property interest to be approved by the City) to serve the Property.
The locations of said easements or other property interests shall be approved by the City's
consulting engineer as part of the platting process.
(b) Timing of General Obligations. Except as otherwise provided herein,
Developer shall complete in a good and workmanlike manner all water facility improvements
necessary to serve each phase of the Development prior to the recordation of the final plat
covering such phase.
3.4 Wastewater/Sanitgg Sewer Facilities.
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 5
(a) Developer's General Obligations. Except to the extent provided herein with
respect to the Lift Station, Developer is solely responsible for the funding, design, installation,
and construction of all wastewater/sanitary sewer improvements necessary to serve the Property.
The design of all wastewater/sanitary sewer improvements shall be approved by the City in
advance of the construction of same. Developer shall be responsible for the acquisition of any
easements and other property acquisition/dedication necessary for wastewater/sewer facilities
(the size and extent of each such easement or other property interest to be approved by the City)
to serve the Property. The locations of said easements or other property interests shall be
approved by the City's consulting engineer as part of the platting process.
(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.
(c) Lift Station. Notwithstanding the foregoing subsection (b), Developer shall
complete the construction of the Lift Station, including without limitation the related upgrades
and improvements necessary to serve the Property and to provide for the Oversized Capacity, and
allowing time for the City to be reasonably able to inspect and accept the Lift Station, on or before
twenty four (24) months following the Effective Date (the "Lift Station Completion Deadline").
Upon completion of said construction and inspection and acceptance of the Lift Station by the
City, the City shall reimburse Developer in an amount not to exceed $250,000.00 to compensate
Developer for the approximate cost of the improvements and upgrades necessary for the
Oversized Capacity; provided, however, that the City shall not be obligated to pay any such
reimbursement until 30 days after the Developer has provided the City with detailed invoicing,
proof of payment, and other information satisfactory to the City Manager evidencing the
Developer's actual costs of the improvements and upgrades necessary to provide for the
Oversized Capacity (the "OC Actual Costs"). Notwithstanding the foregoing or any other
provision of this Agreement, the City's obligation to reimburse the Developer will be reduced:
(1) to be equal to the OC Actual Costs if such costs are less than $250,000.00. In the event the
OC Actual Costs exceed $250,000, Developer shall have the right to submit to the City, for City's
approval, detailed invoicing, proof of payment and other information satisfactory to the City
Manager evidencing the Developer's additional OC Actually Costs. Notwithstanding any limits
contained herein, the City may approve such submissions and such amounts shall be deemed part
of the OC actual Costs.
3.5 Water and Wastewater/Sanitary Sewer Retail Service.
(a) Subject to the terms of this Agreement, the City represents and confirms
that it currently has and reasonably expects to continue to have the capacity to provide to the
Property continuous and adequate retail water and wastewater/sanitary sewer service at times and
in amounts sufficient to meet the service demands of the Development and the Property as the
Property is developed.
(b) Upon acceptance by the City of the water and wastewater/sanitary sewer
facilities described herein, the City shall operate or cause to be operated said water and
wastewater/sanitary sewer facilities serving the Development and the Property and use them to
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 6
provide service to all customers within the Development and the Property and as otherwise
required by State law as the holder of the certificate of convenience and necessity covering the
Property. Upon acceptance by the City, the City shall at all times maintain said water and
wastewater/sanitary sewer facilities, or cause the same to be maintained, in good condition and
working order in compliance with all applicable laws and ordinances and all applicable
regulations, rules, policies, standards, and orders of any governmental entity with jurisdiction
over same.
3.6 Roadway Facilities and Related Improvements.
(a) Developer's General Obligations. Developer is solely responsible for the
funding, design, installation, and construction of all roadway facilities required to serve the
Development. The design of all roadway improvements shall be approved by the City in advance
of the construction of same.
(b) Timing of General Obligations. Prior to the recordation of any final plat for
any phase of the Development, Developer shall complete, in a good and workmanlike manner,
construction of all roadway facilities and related improvements necessary to serve such phase in
accordance with construction plans approved by the City.
(c) Drainage/Detention Infrastructure. is solely responsible for the designing,
installing, and constructing the drainage/detention infrastructure that will serve the Property and
the cost thereof. Prior to the recordation of the final plat for any phase of Development, Developer
shall complete in a good and workmanlike manner construction of the drainage/detention
improvements necessary to serve such phase. Upon inspection, approval and acceptance, City
shall maintain and operate the drainage and roadway improvements for the Property.
SECTION 4
PAYEE INFORMATION
With respect to any and every type of payment/remittance due to be paid at any time by
the City to Developer after the Effective Date under this Agreement, the name and delivery address
of the payee for such payment shall be:
Lackland Calmont, Ltd.
Attn: Don Allen
3045 Lackland Road
Fort Worth, Texas 76116
Developer may change the name of the payee and/or address set forth above by delivering written
notice to the City designating a new payee.
SECTION 5
ADDITIONAL OBLIGATIONS AND AGREEMENTS
5.1 Administration of Construction of Public Infrastructure. Subject to the terms of
this Agreement, the Parties agree that Developer will be solely responsible to construct all Public
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 7
Infrastructure. All public on-site and off-site infrastructure and all other related improvements
will be considered a public project and the City will own all such Public Infrastructure upon
completion and acceptance.
5.2 Compliance with Development Standards. Developer agrees as part of the
consideration for this Agreement that all residential structures, amenities, buildings, and any other
vertical construction within the Development shall meet or exceed all Development Standards and
City Regulation including without limitation those standards set forth in Exhibit F.
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's engineer or his or her agent. 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 engineer or his or her agent prior to
approval of a final plat. Construction of any portion of the Public Infrastructure shall not be
initiated until a pre -construction conference with a City representative has been held regarding the
proposed construction and the City has issued a written notice to proceed. No final plat may be
recorded in the Real Property Records of Collin County until construction of all Public
Infrastructure shown thereon shall have been constructed, and thereafter inspected, approved and
accepted by the City.
5.5 Maintenance Bonds. For each construction contract for any part of the Public
Infrastructure, Developer, or Developer's contractor, must execute a maintenance bond in
accordance with applicable City Regulations that guarantees the costs of any repairs that may
become necessary to any part of the construction work performed in connection with the Public
Infrastructure, arising from defective workmanship or materials used therein, for a full period of
two (2) years from the date of final acceptance of the Public Infrastructure constructed under such
contract.
5.6 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy.
(a) Inspections, Generally. The City shall have the right to inspect, at any time,
the construction of all Public Infrastructure necessary to support the Development, including
water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and
street lights and signs. The City's inspections and/or approvals shall not release Developer from
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 8
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's engineer signifies the City's approval on only
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
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, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 9
(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 design, construction or installation of any of the Public Infrastructure, nor the means,
methods, techniques, sequences or procedures utilized for said design, construction or installation.
This Agreement does not create a joint enterprise or venture or employment relationship between
the City and Developer.
SECTION 6
EVENTS OF DEFAULT; REMEDIES
6.1 Events of Default. No Party shall be in default under this Agreement until notice
of the alleged failure of such Party to perform has been given in writing (which notice shall set
forth in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period
to the extent expressly stated in this Agreement as relates to a specific failure to perform) after
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 10
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 Parry 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 party's default, an aggrieved Party is limited to seeking specific performance of the other
party's obligations under this Agreement.
6.3 Performance Window. Developer shall take all actions required under the City
Regulations and this Agreement necessary to record a final plat of the Development in the Real
Property Records of Collin County not later than 24 months after the Effective Date. If Developer
does not meet this obligation, the City may elect to terminate this Agreement by providing
Developer with written notice of such failure(s). If the City provides such written notice,
Developer shall have 120 days from the date that the City delivers said written notice in which to
cure such failure(s), plus an additional time period equal to any delay caused by the failure(s), if
any, of the City to timely meet its obligations under this Agreement. If Developer fails to timely
cure such failure(s), then the City shall be excused from its obligations under this Agreement,
including but not limited to any obligation to reimburse the Developer any amounts otherwise due
under this Agreement.
SECTION 7
ASSIGNMENT; ENCUMBRANCE
7.1 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
to the terms hereof. An assignee shall be considered a "Parry" 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.
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE I I
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 Estoppel Certificates. From time to time, upon written request of Developer or
any future owner, and upon the payment to the City of a $500.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, including without
limitation attorney's fees and related costs, the City Manager, or his/her designee will, in his/her
official capacity and to his/her reasonable knowledge and belief, execute a written estoppel
certificate identifying any obligations of an owner under this Agreement that are in default.
SECTION 9
GENERAL PROVISIONS
9.1 Term. Except with respect to any earlier termination effected under this
Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the
expiration of five (5) years after the Effective Date, whichever occurs earlier.
9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as of
the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 12
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: Lackland Calmont, Ltd.
Attn: Don Allen
3045 Lackland Road
Fort Worth, Texas 76116
Any party may change its address or addresses for delivery of notice by delivering written notice
of such change of address to the other party.
9.4 Interpretation. The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the event of
any dispute over the meaning or application of any provision of this Agreement, the provision will
be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless
of which Party originally drafted the provision.
9.5 Time. In this Agreement, time is of the essence and compliance with the times
for performance herein is required.
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 13
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 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 Party of any material provision of this Agreement shall not be deemed a waiver thereof, and
the Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
9.10 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable
care in the performance of its respective obligations under this Agreement, and time shall be of
the essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within three (3) business days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to
all the Parties, including a detailed explanation of the force majeure and a description of the action
that will be taken to remedy the force majeure and resume full performance at the earliest possible
time. The term "force majeure" shall include events or circumstances that are not within the
reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care.
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 14
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 Public Improvements — Opinion of Probable Cost
Exhibit D Lift Station — Opinion of Probable Construction Cost
Exhibit E Lift Station — Plans and Specifications
Exhibit F Residential Building Standards
[SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 15
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OFANN
By:
Name: Nate Pike
Title: Mayor
Date: l2&t'&M�Lm f el
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this JQ-//day of It 2019, Nate Pike,
Mayor of the City of Anna, Texas, on behalf of said City.
C�IRRIE L. SMITH `
'*� N MY Notary Ib # 11419404 Notary Public, State of Texas
��"? s► <; `t Eames Fobnmq 4, 2023
[SEAL]
GREEN MEADOWS SUBDIVISION IMPROVMENT AGREEMENT PAGE 16
LACKLAND CALMONT, LTD.,
a Texas limited partnership
By: CALMONT GP LLC
a Texas limited liability company,
its General Partner
am
THE STATE OF TEXAS
COUNTY OF
Tim H. Fleet, its Member
This instrument was acknowledged before me on the day of 2019, by
, member of Calmont GP LLC., a Texas limited liability company, as
general partner of Lackland Calmont, Ltd., a Texas limited partnership, on behalf of said limited
partnership.
Notary Public in and for the State of Texas
GREEN MEADOWS SUBDWISION IMPROVMENT AGREEMENT PAGE 17
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
BEING a tract of land situated in the Z.F. Lister Survey, Abstract No.546, City of Anna, Collin County,
Texas and all of a called 35.056 -acre tract of land described in Special Warranty Deed to Lackland
Calmont, Ltd., as recorded in Instrument No. 20181005001250540, Official Public Records, Collin
County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said 35.056 -acre tract, common to the northeast corner of a
called 17.304 -acre tract of land described in a deed to Joseph Loren Stewart, as recorded in Volume 805,
Page. 270, Deed Records, Collin County, Texas, same being on the centerline of County Road No. 1106, a
variable width right of way, from which a 100D nail found for witness bears South 04°30' East, 1.9 feet;
THENCE South 88058'59" East, along the north line of said 34.813 -acre tract and the centerline of said
County Road No. 1106, a distance of 855.23 feet to a mag nail set for the northeast corner of said
35.056 -acre tract, common to the northwest corner of a right-of-way dedication for said County Road
No. 1106 shown on the plat of Northpointe Crossing, Phase 1 North, recorded in Volume 2006, Page
819, Plat Records, Collin County, Texas;
THENCE South 01°47'33" West, departing the centerline of County Road No. 1106, along the east line of
said 35.056 -acre tract, and along the west line of said Northpointe Crossing, Phase 1 North and the west
line of Northpointe Crossing, Phase 4 West & Phase 4 East, recorded in Volume 2019, Page 63, said Plat
Records, a distance of 2064.51 feet to a 1/2 inch iron rod found for the southeast corner of said 35.056 -
acre tract, common to an ell corner of said Northpointe Crossing (Phase 4 West);
THENCE North 88°03'14" West, along the south line of said 35.056 -acre tract and a north line of said
Northpointe Crossing (Phase 4 West), a distance of 628.41 feet to the southwest corner of said 35.056 -
acre tract, common to the southeast corner of the aforementioned 17.304 -acre tract, from which, a flat
iron rod found for witness bears North 04°0' West, 1.1 feet;
THENCE North 04°30'56" West, departing said north line of said Northpointe Crossing (Phase 4 West),
along the west line of said 35.056 -acre tract and the east line of said 17.304 -acre tract, a distance of
2063.74 feet to the POINT OF BEGINNING and containing 35.056 acres (1,527,044 sq. ft.) of land, more
or less.
Exhibit B
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Exhibit C
PUBLIC IMPROVEMENTS - OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) Kimley>>)Horn
OPINION OF PROBABLE COST
PROJECT NAAL Arr Ard LOT CT 120 DATE 10/1012019
CCTV: ARM 7iu w NET ACRES 35 CREATED BY: PEM
GROSS ACRES 35 CHECKED BY MEH
108 NUMOM ~two REVISED BY: PEM
fAWT I 0"Ww I UW FFIRICE I 17FMCOST
9' SDR -35 P.V.C. PIPE (0-11Y DEEP)
LF
6,020
$36.00
f17S,700.00
770
N` SOR48 P.V.C. PIPE (yIW DEEP) LF
$1540
$31,860.00
4' DIAMETER MANHOLE WIEPDXY COATING
EA
16
$6,250.00
$100.000.00
1
$7,000.00
$7.000.00
4' DIAMETER DROP MANHOLE WIEPDXY COATING - EA
ADOITIONAL MANHOLE DEPTH (aa9
— -- VF
_
16.0
$175,00
$2.600.00
4' SERVICE LINES
EA
120
3900.00
$72000.00
t 2' SDR 26 ENCASEMENT PIPE
LF
180
$45.00
W100.0D
TRENCH SAFETYLF
_.-------------�-__.____
6170_0
$0.25
-_ $1.447.50
37$0
TE3TINO(EXCLUDING 0E0TECH)
$1.00~
$5.79000
INSPEC.;ION FEE
PERCENT
3%
$407,187.50
312124.93
- UWARY •EIMdt EV*T!M
Exhibit C
PUBLIC IMPROVEMENTS - OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) KimleyoHorn
OPINION OF PROBABLE COST
PROJECT NAME Anr7iral LOTCT 120 DATE 1 011 0/20 1'.+
CITY: Awa Tmar NET ACRES 35 CREATED BY. PEM
GROSS ACRES 35 CHECKED BY MEH
JOS MAISER: Oa1B0fwV REVISED BY: PEM
rEd!VESCRIPTIAN
LIFT STATION IMPROVEMENTS
A. 2S HP 6' SUBMERSIBLE PUMP
B. ELECTRICAL IMPROVEMENTS FOR NEW PUMPS
C. BYPASS PUMPING DURING CONSTRUCTION
NFT STATION BACKUP GENERATOR
8- SM -26 P.V.C. PIPE (>70' DEEP)
9- SOR 28 P-V.C, PIPE (BY BORE, INCLUDES PIPE a ENCASEMENT)
4' DIAMETER MANHOLE W1EPDXY COATING _
4' DIAMETER DROP MANHOLE W/EPDXY COATING
CONNECT TO EXISTING MANHOLE
STEEL ENCASEMENT ACROSS NORTHPOINTE CHANNEL
CREEK CROSSING EROSION PROTECTION
SILT FENCE ---� — —
- - --- ENCS -------------------------------
TRENCH SAFETY
TESTING (EXCLUDING GEOTECtN)
INSPECTION FEE
SM - OFFSITE SANITARY SEWER SYSM
umr I 00AVf1fY I UMFPR7CF I 7TF47C0Sr
----- ----
LS
LS
LS
LF
--------- -- --
LF
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112
LF
LF
t F£,411 %E Sc=/i lP1 i0A` I 0wr
18, H C.P.
LF
- - ----
21' R.C.P.
LF
24' R C.P.
LF
30' F1 C.P,
-
LF
--- ----
30' R.C.P.
LF
3'x2'RCB
LF
4'x3' RCB
LF
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LF
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LF
W' INLET
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---_--
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EA
21' TYPE C HEADWALL
EA
24' TYPE C HEADWALL
EA
38' TYPE C HEADWALL
5610.00
$12,831.19
TxOOT WNNGWALLS (3)Q?
- - CY
2
584,000.00
120,000.00
$129,800.00
$20,000.00
i
1
$36,000.00
$35,00000
1
-- $131,500.00
$137,500.00
$32,850.00
73D$45.00
so
$25000
320,000.00
4
56,250.00
$7,000.00
11,600.00
325,000 W
_- $7,000.00
$1,600,00
-- —�
1
1
60
$100.00
$5,000.00
1
$S,OD0.00
$1.70
$0.25
$5,000.00
$1,377,00
— $2D2,50
810
810
810_
$1.00
5421,039.50
5610.00
$12,831.19
3%
cuAN77rY I UN/rAR7cE 1 LrrmcOSr
5631
$60.00
$33.180.00
246
585.00
318,120.00
1,355
97000
' -T
$_94.050.00
200
198.00
-^-y $110.00
319,000.00
56,720.00
- 52
747
1140.00
$104,580.00
217
$165.00
(Y)
295
$180.00
_$_35.N05
- 163,100.00
433
-------- -----------
120000
---
$86,500.00
22
$4,000.00
$65,000.00
3
54,000.00-------112,000.00
1
$1,000.00
51.000.00
1
$3,000.00
$3,000.00
1
53.700.00 T--�-$3.700.00
54,700.00
$4.700.DD
I
10
$1,000,00 +
$10,000.00
Exhibit C
PUBLIC IMPROVEMENTS — OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) KimlepOHorn
OPINION OF PROBABLE COST
PROJECT NAME: Mrurmd
LOT CT
120
DATE RVi012019
CITY: Awn rmw
NET ACRES
35
CREATED BY. PEM
$30.00
$1,350.00
$175,600.00
$28,360.00
GROSS ACRES
35
CHOCKED BY MEH
$4,600.00
JOB NL*ANW- 08 wfX0
120
$676,00
REVISED BY: PEM
V IRRIGATION SERVICE
t ` IRRIGATION METER WACT FEE
T ---- -- EA
EA
2
2
_- 2
--_
2
5,860
$675.00
33,98_5.00
(15,000,00 `
-----------------
$10,000.00
$0.25:
$1,360.OD
$7,970.00
$30.000.00
320,000.OD
$1,462.60
t 6'X8' CUT IN TEE ON EXISTING LIFE '�-�---
----��.-_
1G' BUTTERFLY VALVES
TRENCH SAFETY
TESTING (FXC1 LIFNNG GFOTFCH) --
INSPECTION FEE
TxDOT WtNGWAI LS (4'x4'1
Cy
12
$1,000.00
$12,000.00
15
51,000.00 I
$15.000.00
rxDOT WINOWALLS (W')
---�_ -
CY
---------- -
4,110
$0.25 ;
$1.027.50
TRENCH SAFTEY LF
T<<TFSTIPdt;
LF
4,110
$1.00
$4.110,00
200
12'H V RAP BY
$55.00
S 17.000.00
POND EXCAVATION
CY
6,453
$3.00
519,360.00
ROCK CHECK DAM
EA
4
$2,00000
$5.000.00
CURLEX (POND SIDE SLOPES)
SF
22,100
$1.00
$22.100x*)
3%
INSPECTION FEE PERCENT
$870,552.50
520,* 16.65
SUB - STORM 89WER SYSTEM
$880,BBY 08
I - .: - 9
�IE,11 i;tscrl;PnaY.
L4wr
w4vnrY
LMVrptwE
Ira* COsr
x` P V C. WATERLINE
6' GATE VALVE A BOX
LF
EA
5,850
21
$30.00
$1,350.00
$175,600.00
$28,360.00
FIRE HYDRANT ASSEMBLY
I - SINGLE WATER SERVICE (3A- METER)
—��P--T
EA
EA
12
$4,600.00
$54,000.00
120
$676,00
181,000.00
V IRRIGATION SERVICE
t ` IRRIGATION METER WACT FEE
T ---- -- EA
EA
2
2
_- 2
--_
2
5,860
$675.00
33,98_5.00
(15,000,00 `
-----------------
$10,000.00
$0.25:
$1,360.OD
$7,970.00
$30.000.00
320,000.OD
$1,462.60
t 6'X8' CUT IN TEE ON EXISTING LIFE '�-�---
----��.-_
1G' BUTTERFLY VALVES
TRENCH SAFETY
TESTING (FXC1 LIFNNG GFOTFCH) --
INSPECTION FEE
---� - EA �-
- -- - -- .,. --- --
EA
LF
�- ---- LF
- PERCENT
6,850
$1,00;
$5,860.00
3.0%
$405,482.50
$12,164,48
SUB - WATER DISTR*UT10N SYSTEM
$417,648,M
Exhibit C
PUBLIC IMPROVEMENTS — OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) Kimley 0Horn
OPINION OF PROBABLE COST
PROJECT NAME: AmW fled LOT CT Iwo DATE I CV1412019
CRY: Arm rdu NET ACRES 35 CREATED BY: PEM
GROSS ACRES 35 CHECKED BY MEH
JOS NUMBER: oomf w REVISED BY: PEM
Ili- Q0(".'4R,PTNON
UN/r
QUAIN 1rY
UNJTPR!cE
mycOSr
[;NF. CONCRETE STREET PAVEMENT
S PAVEMENT
SY
19,539
20,854
360
1,944
763
TT _ 532.00
— $3.25
$155.00S58,90O.D0
616.00
$20.00
- - - — 510.00-
61,000.00
51,300.00
$500.00
3600.00
6831,228,60.
- 3625,248 00
_...,_
367J15.50
$21,536.00
615,260.00
----5310.00
61,000,00
631,200.09
65.500.00
64,600.00
524.9:16,69
.._...__.___.._
5' SLISDRADE PREP _ SY
_ - —_
HYDRATED LIME (3WSY) R-- --- TON
4' CONCRETE SIDEWALK LF
Y CONCRETE SIDEWALK j LF
PAVEMENT HEADER - - -- LF --
-- 31
STREET BARRICADE EA
BARRIER FREE RAMP EA
1
24
11
9
1 3.0%
STREET SIGH EA
STOP SIGN EA
INSPECTION FEE PERCENT
SUS - STREET S ALLEY PAVWQ
-- EA
PERCENT
2
$1,300.00
$160,648.50
iSSS 1N 6�
,rr(!GrsCR,PTION
uw
QU4NT7TY
WrPAXE
ITWCQST
EXCANIATION __ _
DEMO TEMPORARY PAVEMENT TRANSITION (EAST SIDE)
INSTALL TEMPORARY PAVEMENT TRANSITION (WEST SIDE)
DEAIO EX CR 1106 ASPHALT PAVEMENT
Rf'cONSTRUCTRFSIDFNTIAI DRIVEWAY
SILT FENCE
5- REINF CONCRETE STREET PAVEMENT
9" SUUSGRADE PREP
HYDRATED LIME (4WSY) -- —�—. ---�
PAVEMENT HEADER
STREET BARRICADE
STRIPING
CY
— SY
SY
SY
SY
LF
SY
SY
— TON
LF
EA
Ls
3,111
64.00
612,444.44
709
525,00
550.00
$25.00
$3000
$1.70
$46.00
$3.50
$160.00
$10.00
61,000.00
610,000.00
619,726.09
539,450.00
$71,075.00
11050000
S1.425.D0
$125,750.00
$9,83_8.50
611,200.00
6250.00
51,000,00
510.00000
759
2,643
350
840
2,620
2,611
70
25
1
+
BARRIER FREE RAMP ----- —_T --^------ `---.
INSPECTION FEE
-- EA
PERCENT
2
$1,300.00
$160,648.50
62,BW.00
64.519-46
3.0%
SLA - CR 1106 DAWMEMENTS
6820ow
Exhibit C
PUBLIC IMPROVEMENTS — OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) Kimley Morn
OPINION OF PROBABLE COST
PRGXCT NAME: AWW rhA f L01 (A 120 DATE 10JIV2019
CITY: Amy, rmw NET ACRES 35 CREATED BY: PEM
GROSS ACRES 35 CHECKED BY MCH
JM NMBM ofwf PG RMSED BY; PEM
Exhibit C
PUBLIC IMPROVEMENTS - OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) Klmley )))Horn
OPINION OF PROBABLE COST
PROJECTNAM ANWrAW LOT CT 120 DATE 10-INNtl'_+
CITY: Arvin rale NET ACRES 35 CREATED BY: PEM
GROSS ACRCS 35 CHECKED BY IMEH
dOO NWi!!R oswfxy REVISED BY: PEM
A EJ(DAVATION
10.00
B. SANITARY SEINER SYSTEM
$410,712.13
8,11 OFFSITE SANITARY SEWER SYSTEM
$433A70.00
C, STORM SEWER SYSTEM
0000,000.00
D. WATER DISTRIBUTION SYSTEM
0417,040,00
E. STREET & ALLEY PAVING
0000,100.30
E.1 CR 1106+MPROVEMENTS
$320000,40
F. RETAINING WALLS
moo
G. MISCELLANEOUS ITEMS
00.00
M. tANDSCAPEIHARDSCAPE
$0.00
SUB-rOrAt:
00,137A U41
DESrGV 8 ENGMERAW (ExrW "I),
$370,600,0D
FLOOD STUDY.'
318.000.00
olrSTAT10NDESJCN
$46.500.00
ANSCELL4NE0USJC0NrAWFNCAF$,*
10%. $,313,795.56
TOTAL CONSTRUCTION CONM
COSTlLOT $32,392.09
NOT"
owmw
This estimale is adapted from a previous estimated by KH dated M=2019 to show only the public improvements for the purpose of
a Devetarowt Agrtxmant NNh lho City of Anne.
Unit prices do not reflect rock excavation.
Users of this estimate should contact suppliers or contractors for unit price inquiries that match their construction Ism$, ng.
Estimate does not include lend coat, land maintenance, interest, HOA support legal, financing, mar sow, ete-
Impad fees, assessments, credits, etc, are not included In this estimate,
Per the current City d Ams Yrgrect Fee Schedules, fees antidpawd are as follows:
Water = 539S51DU; and Wasterwrsdsr = 3399WDU
Park Development a 3750M
ESA geotedr hrvesligation, and conetnrction materids msNlg are not included
This estimate does not include bands.
This otfimale does not include environmental reports or Nvtiands delerminawris.
This estimate is based on aerial topography.
Off-site easement and RightoRWay acquisition is the responsibaty of the Developer.
The downstream waste water system did not provide a point of connedlon to serve this development. It is assumed that the development agreement will negotiate
a sewer 9oluborr. Some off-site mprovements w01 be necessary Including man Ane extension, and an upgrade to the Aft station.
Additional modeling of existing wastewater systems, If required, are assumed to be performed by the City and As consultants.
Reo)rd drawings for CR 1106 improvements show a fiber late on the south side of" road. Further htvestgahon is needed to ase If relocations are necessary.
The following offsite sasemsnts are necessary: Drainage and grading on property to the wast. Waist and sanitary sawar through norlhpoinle.
Exhibit C
PUBLIC IMPROVEMENTS - OPINION OF PROBABLE COST
Anna 34 Acre Tract - DA (Public Improvements) Kimley*Horn
OPINION OF PROBABLE COST
PROJECT NAAAE: Aw rm d LOT CT t20 DATE 10/1012019
CTTY: Arm rine NETACRES 3S CREATED BY: PEM
GROSS ACRES 35 CHECKED BY MEH
JOSNUIWM* Q"WAV REM SEP BY: PEM
:Mlhgt-Y!e[
This estimate asurnas the alsae santary sower will go through the Nonhpoinle developmont to the east . An easement will be required for the proposed route.
This estimate assumes that there is NOT sufficient capacity within the Nodhpolnte IM station. The allowance for the list station upgrades includes Cost for 1 week of labor. bonds,
es"i ted prate, minor electrical improvements for now pumps, bypw pumping during construction (1 week), pump Improvements, mechanical venblatlon with Odor Contra, and a
quick connect for bypaea pumping.
NOW011111111K
The hood study for Nonhpointe Crossing, Phase N dated October 2017 shows floodplain elevations effecting the southern potion ol this tract.
Further study of the floodplain and review of the fully developed assumptions within 1M+ flood study is recommendri
The remainder of the subject tract is hydisulicaiy controlled by live discharge pant w#.n pre Noithpointe Plisse 4 development. The &48cent development Is
provldkng a drainage easement along the "stem boundary of our site to convey undeveloped Rows.
A stubout to dnaln the southern lanes of CR 1106 was not provided by the adjacent development. The flow Is assumed to be roL46d through thea development.
AdMonal grads-to-dfain quantities may be required based on Anal design topography
A Detention pond will be required uMsele and will disdonge to the existing stWuW In the Nordhpanle Phase R developmariL
This estimate assumes the tpskeam property wis detain Its Now at the time of its drrelopment.
IJAI costs for storm are taken from a recent sirHar project In Arris. These ars higher than what we typieally see In other areas of the metroplex.
WMI[
This aslimala asxw cs that the 16" waladino min the North side of the property has already been built and no other oflsile improvements are nmedoi
Assumes all watelines are less than td deep.
This estimate was performed witho al the benek of s visitor modal.
ft"
This estinwte Is based on the follomrng street secikn:
Local; SO' ROW: 31'8-B, 6' reinforced concrete w%h 6" ime subgrade (section has a S' crown)
CR 1106: 26 &B, s' reinforced concrete with W Ilme subgiade
Exhibit D
LIFT STATION - OPINION OF PROBABLE CONSTRUCTION COST
Kirnloy-Horn Sr Associates, Inc. Opinion of Probable Construction Cost
Green Meadows
Prepared By:
2 Generator &to Work and Slab
I LS $10'00Q00
$10.000
509a 5096 s5'000,00 $5,000,00
3 Gpotecti Spfvwes
I
LS
$5,000'00
$5,000
50%
50%
$2,500.00
$2,50000
4 Generator Engineering Design Fees
I
LS
$17,100.00
$17,100
50%
50%
$8,550.00
W550,00
5 6' Quick Connect Bypass Line
I
EA
$20,00000
$20,000
0%
100%
50,00
$20,000,00
6 Odor Control/Grease Control
I
LS
$7,500.00
$7,500
0%
100%
50,00
$7,500.00
7 SCADA Improvements
1
I'S
$65,00000
$65,000
0%
100%
$(100
$65,000-00
8 cl I its Ln ineeri 1, DesiMIFISL
I
LS
$10,00000
'�M()
$10000
01Y.
100%
$0.00
$10,000.00
Subtotal:
$259!600
-c S''Ihlul�'Ild
$78,550
$18U50
Corning (%,fl-)
10%
$26,00
Contingency:,
$7,855
$18,105
Basis for Cost Projection:
N. D --';p, C-,qJ1vfd
Ptefimivary D-,Vp
El - rx,--
This total does not reflect engineering or technical services.
I he Engineer has no control over the cost of labor, materials, equipment, or over The Contractor's methods of
determining prices or over compairtive biddim; of market condillons, Opinions of probable construction costs provided
herein are based on the Information known to Engineer at this tirne and represent only the Engineer's judgment as a
design professional familiar with tire constractio" industry. the Engineer cannot and does not guarantee that
proposals, bids, or actual construction costs will not vary from Its opinions of probable costs.
Exhibit E
LIFT STATION - PLANS AND SPECIFICATIONS
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Exhibit F
RESIDENTIAL BUILDING STANDARDS
Building Materials. Owner agrees to comply or to cause the builders to comply with the masonry
building material requirements and all other requirements set forth in the following zoning
ordinances applicable to portions of the Property:
a) Ordinance No. 781-2018, passed and approved by the City Council of the City on July
24, 2018.