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Resolution 2019-16RESOLUTION NO. 2019-16(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE IMPACT FEE AGREEMENT BETWEEN DEVELOPMENT SOLUTIONS BZ, LLC AND THE CITY OF WYLIE CONCERNING THE CONSTRUCTION OF TROY ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to - execute, on behalf of the City Council of the City of WYLIE, Texas, the Impact Fee Agreement between Development Solutions BZ, LLC and the City of Wylie concerning the construction of Troy Road. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 1 day of June, 2019. ATTEST TO: STEP NIE STORM, City Secretary Resolution No 2019-16(R) Impact Fee Agreement Between Development Solutions BZ, LLC and the City of Wylie Concerning The Construction of Troy Road. 1 EXHIBIT "A" Development Agreement Resolution No 2019716(R) Impact Fee Agreement Between Development Solutions BZ, LLC and the City of Wylie Concerning The Construction of Troy Road. 1 1 2 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER. After Recording Return to: City of Wylie Attn: City Manager 300 Country Club Road Wylie, Texas 75098 IMPACT FEE AGREEMENT BETWEEN DEVELOPMENT SOLUTIONS BZ, LLC AND THE CITY OF WYLIE, TEXAS (Troy Road Paving Project) THIS IMPACT FEE AGREEMENT ("Agreement"), is made and entered into by and between the City of Wylie, Texas, a home -rule municipality ("Wylie"), and Development Solutions BZ, LLC, a Delaware limited liability company ("Developer"). Wylie and Developer are each referred to herein as a "party" or collectively as the "parties." WHEREAS, Developer is the sole owner of that certain tract of land situated in the City of Wylie, Collin County, Texas, containing approximately 300.46 acres located in the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No. 979, as more particularly depicted and described in Exhibit A, attached hereto and incorporated herein for all purposes, save and except those certain single family lots and related parcels heretofore conveyed by Developer to third parties ("Property"); and WHEREAS, Developer has designed and constructed, at its sole cost and expense, the following: (a) approximately 881 linear feet of Troy Road, including a 48-foot-wide (back-to- back) concrete pavement section with five -foot -wide sidewalks on the east and west sides of the pavement section, and all necessary appurtenances thereto, and (b) seven 10-foot-by-l0-foot box culverts, and all necessary appurtenances thereto, all within a 100-foot-wide right-of-way, as generally depicted in Exhibit B (collectively, "Street Improvements"), portions of which are necessary to serve the Property; and WHEREAS, Developer and Wylie acknowledge and agree that impact fees are currently assessed and owed or to be assessed and owed on the Property as prescribed in Ordinance Nos. 93-4, 97-4, 2001-19, 2001-42, 2001-56, 2006-25, 2006-47, 2007-34, 2012-18 and 2014-35, as they exist or may be amended (collectively, "Impact Fee Ordinance"); and WHEREAS, the Impact Fee Ordinance further provides for, among other things, credits against impact fees for the construction of, contribution to or dedication of any facility appearing on Wylie's Thoroughfare Plan and/or Capital Improvement Plan; and WHEREAS, the Street Improvements appear on Wylie's Thoroughfare Plan and/or Capital Improvement Plan; and WHEREAS, Wylie and Developer agree that Developer may fulfill all or a portion of its obligation to pay roadway impact fees under the Impact Fee Ordinance in the manner set forth herein. Roadway Impact Fee Agreement Page 1 of 33 4825-6466-9065, v. 2 NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: 1. Findings Incorporated. The findings set forth are made a part of this Agreement as if set forth herein verbatim. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrants that it is the sole owner of the Property. 3. Construction of the Street Improvements. (a) Developer has constructed, at its sole cost and expense except as provided in Section 5 herein, the Street Improvements in accordance with Wylie's Thoroughfare Design Standards and the Construction Requirements (hereinafter defined). The Street Improvements have been completed, finally accepted by Wylie and conveyed to Wylie in accordance with any and all applicable ordinances, rules, regulations and requirements, as they exist, may be amended or in the future arising (collectively, "Wylie's Final Acceptance"). Developer represents and warrants that the construction costs for the Street Improvements are ONE MILLION NINETY-THREE THOUSAND SIX HUNDRED THIRTY-ONE AND 36/100 DOLLARS ($1,093,631.36) ("Construction Costs"), as more particularly described in the Cost Analysis set forth in Exhibit C, attached hereto and incorporated herein for all purposes ("Cost Analysis"). Developer acknowledges and agrees that Wylie is relying on Developer's representation and warranty that the Construction Costs are as described in the Cost Analysis. Developer has tendered to Wylie evidence, in a form reasonably acceptable to Wylie, all of the design and construction costs of the Street Improvements have been paid by Developer, including but not limited to, Affidavits of Payment/Affidavit as to Debts and Liens and any other evidence reasonably required by Wylie ("Evidence of Payments"). (b) Developer has submitted to Wylie the designs, plans and specifications for each of the Street Improvements in compliance with this Agreement and applicable requirements of the Americans with Disabilities Act, the Texas Accessibility Standards and all Construction Requirements, as each exists at the time Developer submits such design, plans and specifications (collectively, "Plans"), which Plans have been approved by Wylie. The general depiction of each of the Street Improvements attached as Exhibit B is for general informational purposes only, and the Approved Plans (hereinafter defined) are not required to be strictly bound by the same. Upon Developer's submission of the Plans, the Plans must be approved, in writing, by Wylie (collectively, "Approved Plans"). (c) Developer has completed each of the Street Improvements and obtained Wylie's Final Acceptance of the same. Roadway Impact Fee Agreement Page 2 of 33 4825-6466-9065, v. 2 - (d) Bonds. (i) Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, as amended, other applicable law identified by Wylie in writing to Developer prior to Commencement of Construction, or this Agreement (collectively, the "Bonds") has been provided by Developer to Wylie and approved by Wylie. (ii) Developer has caused to be delivered a payment bond and a performance bond, each of which shall be in an amount equal to one hundred percent (100%) of the amount of the actual cost of the Street Improvements to ensure Wylie is indemnified: (A) against any claims for nonpayment of any part of the construction or work performed in connection with the Street Improvements; and (B) for the completion of the Street Improvements in accordance with this Agreement.. Developer has caused to be delivered to Wylie a two (2) year maintenance bond in an amount equal to one hundred percent (100%) of the amount of the actual cost of the Street Improvements to ensure the repair or remedy of any maintenance issues Wylie may have regarding the Street Improvements after Wylie's issuance of Wylie's Final Acceptance of the same. (iii) Wylie agrees that the Bonds are: (A) good and sufficient bonds; (B) in the amounts prescribed herein; (C) with a reputable and solvent corporate surety and in favor of Wylie; and (D) in compliance with any other Wylie requirements relating to such bonds. (e) Developer has included the following provisions in any contract with any person or entity hired by Developer to construct all or any portion of the Street Improvements (collectively, "Developer Contractor"): (i) "All warranties provided to Developer shall inure to the benefit of the City of Wylie, Texas for all purposes." (ii) "CONTRACTOR SHALL, FOR A PERIOD OF TWO (2) YEARS FOLLOWING THE CITY OF WYLIE'S FINAL ACCEPTANCE OF THE STREET IMPROVEMENTS, RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY OF WYLIE FROM AND AGAINST ALL • CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING. DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE) AND OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS, EXPENSES AND COSTS, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THE INDEMNITY), ARISING OUT OF, RELATED TO OR RESULTING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WORK PERFORMED BY CONTRACTOR ON THE STREET IMPROVEMENTS, WHETHER SUCH ACTIONS OR OMISSIONS WERE INTENTIONAL OR UNINTENTIONAL, AND THAT THE Roadway Impact Fee Agreement Page 3 of 33 4825-6466-9065, v. 2 (0 (g) INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT, IN ANY WAY, CREATE ANY CAUSE OF ACTION FOR THE BENEFIT OF THIRD PARTIES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT." As an additional condition of Wylie issuing Wylie's Final Acceptance of the Street Improvements, Developer shall transfer and deliver to Wylie all manufacturers' warranties, if any, with Wylie being the beneficiary thereof, for all products, materials and elements of each of the Street Improvements. This Section 3(f) shall survive the termination of this Agreement. - The parties agree that the Street Improvements have been constructed and completed in two phases. The Street Improvements have become the sole property of Wylie. (h) As an additional condition of Wylie's Final Acceptance of the Street Improvements, Developer has, at no cost to Wylie, conveyed by plat or separate easement the necessary right-of-way for the operation, maintenance and use of the Street Improvements which plat includes all or a portion of the Property that includes the Street Improvements (the "Dedication"). Developer has completed all tasks necessary to make the Dedication promptly after completion of construction of the Street Improvements. Developer has submitted to Wylie for approval, and Wylie has approved, the legal description and land survey depicting the boundaries of the right-of-way made the subject of this Section 3(h), and the Dedication shall not be made until said legal descriptions and land surveys are approved, in writing, by Wylie. Developer has: (i) made the Dedication free and clear of any liens, attachments and encumbrances; and (ii) secured the authorized signatures of any person or entity deemed necessary by Wylie to consent to the Dedication. Nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void, invalidate or otherwise modify in any way any requirement or obligation under any Wylie ordinance, regulation or standard, including but not limited to the Wylie's Subdivision Regulations, as they exist or may be amended, for the dedication, grant or conveyance of any type of easement rights and/or fee simple right-of-way required as part of any development or redevelopment of the Property or any portion thereof. Moreover, nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void, invalidate or otherwise modify in any way Wylie's authority and right to require Developer to convey easement rights, fee simple right-of-way or other property interests pursuant to Wylie's condemnation authority. 4. Roadway Impact Fees. This Agreement shall only apply to roadway impact fees _ due on the Property under the Impact Fee Ordinance. The Property shall be subject to the roadway impact fee schedule in effect under the Impact Fee Ordinance at the time of development; provided, however, that if Developer complies with the terms and conditions of this Agreement, Wylie agrees to apply a roadway impact fee credit ("Impact Fee Credit"), at the time roadway impact fees are due to be paid, toward the total roadway impact fees due on the Property under the Impact Fee Ordinance in the amount of the lesser of: Roadway Impact Fee Agreement Page 4 of 33 4825-6466-9065, v. 2 - (a) The total amount of roadway impact fees assessed and due on the Property under the Impact Fee Ordinance; or (b) FOUR HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($448,800.00). Notwithstanding anything to the contrary herein, Developer acknowledges and agrees that the Impact Fee Credit: (a) shall be determined as described above; and (b) is not transferrable to any other property, regardless of ownership of same. The Impact Fee Credit shall not be due to Developer until the impact fees for the Property are collected by Wylie, and the Impact Fee Credit shall offset the total amount of roadway impact fees owed and assessed on the Property. 5. Street Improvements Reimbursement. Upon execution of this Agreement, Wylie shall tender to Developer a reimbursement ("Street Improvements Reimbursement") in the amount of SIX HUNDRED FORTY-FOUR THOUSAND EIGHT HUNDRED THIRTY- ONE AND 36/100 DOLLARS ($644,831.36), representing the Construction Costs less the Impact Fee Credit. Wylie and Developer agree that the sum of the amounts of the Street Improvements Reimbursement and the Impact Fee Credit shall not exceed one hundred percent (100%) of the Developer's total, actual costs for the Street Improvements, as evidenced by the Evidence of Payments, and in no event shall such sum exceed the amount of the estimated Construction Costs. Wylie hereby agrees to tender, and Developer hereby accepts, the Street Improvements Reimbursement and the Impact Fee Credit to be made pursuant to this Agreement as Wylie's sole financial participation in the total amount of actual construction costs incurred by Developer in its design, construction and completion of the Street Improvements in accordance with this Agreement, regardless of whether the actual construction costs exceed the estimated Construction Costs. 6. Default. If Developer fails to comply with the provisions of this Agreement, Wylie shall have all of the following remedies, in addition to Wylie's other rights and remedies: (a) to refuse to issue building permits for the Property; and/or (b) to refuse to issue a certificate of occupancy for any building on the Property; and/or (c) to file this instrument in the Land Records of Collin County as a lien and/or encumbrance on the Property, save and except any residential lot(s) for which a certificate of occupancy has been issued to a third party owner of any residential lot contained within the Property; and/or (d) to refuse to accept any portion of any public improvements on the Property and/or associated with the development of the Property; and/or (e) to nullify Section 4 and/or Section 5 of this Agreement and immediately enforce the Impact Fee Ordinance through imposition of the full roadway impact fees in effect at the time of default and making such immediately due and payable; and/or (f) to seek specific enforcement of this Agreement. Roadway Impact Fee Agreement Page 5 of 33 4825-6466-9065, v. 2 If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer, then Developer may seek specific enforcement of this Agreement as its sole and exclusive remedy. 7. Covenant Running with the Land. This Agreement shall be a covenant running with the land and the Property and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees, and specifically excluding third party owners of any residential lots contained within the Property for which a certificate of occupancy has been issued. In addition, the parties shall cause this Agreement to be filed in the Land Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. [need lender approval] 8. Limitations of Agreement. The parties acknowledge that this Agreement is limited to the construction of the Street Improvements and the roadway impact fees due under the Impact Fee Ordinance. Wylie ordinances covering property taxes, utility rates, permit fees, inspection fees, development fees, sewer and water impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not, under any circumstance, be required to tender, or be liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein, except as expressly provided in Section 4 and Section 5 of this Agreement. 9. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via facsimile or a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance therewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addressee of the parties shall be as follows: If to Wylie: City of Wylie Attn: Chris Hoisted, City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6010 Facsimile: (972) 516-6026 Roadway Impact Fee Agreement Page 6 of 33 4825-6466-9065, v. 2 With a copy to: Abernathy, Roeder, Boyd and Hullett, P.C. Attn: Ryan Pittman 1700 Redbud Boulevard, Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4040 If to Developer: and: Development Solutions BZ, LLC 15441 Knoll Trail, Suite 150 Dallas, Texas 75248 Telephone: 972-325-1405 Facsimile: 972-404-9394 Development Solutions BZ, LLC 4600 Wells Fargo Center 90 S. Seventh Street Minneapolis, MN 55402. Telephone: Facsimile: With a copy to: Gray Reed & McGraw LLP Attn.: Michael Gillman 1601 Elm Street, Suite 4600 Dallas, Texas 75201 Telephone: 469-320-6048 Facsimile: 469-320-6846 10. ACKNOWLEDGEMENT OF WYLIE'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS; DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE CONVEYANCES, DEDICATIONS, EASEMENTS AND/OR PAYMENT OF MONEY REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER, IN WHOLE OR IN PART, DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; Roadway Impact Fee Agreement Page 7 of 33 4825-6466-9065, v. 2 (C) NUISANCE; OR (D) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION OR CONVEYANCE OF REAL PROPERTY OR INTERESTS THEREIN (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND REIMBURSEMENTS, IF ANY) AGREED TO IN THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE DEMAND THAT SUCH DEVELOPER'S DEVELOPMENT PLACES ON WYLIE'S INFRASTRUCTURE. (ill) DEVELOPER HEREBY RELEASES WYLIE FROM ANY OBLIGATION TO PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER CHAPTER 2007 OF THE TEXAS GOVERNMENT CODE, AS IT EXISTS OR MAY BE AMENDED. (iv) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO WYLIE PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, AND DEVELOPER HEREBY WAIVES ANY CLAIM THEREFORE THAT IT MAY HAVE. DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ALL PREREQUISITES TO SUCH A DETERMINATION OF ROUGH PROPORTIONALITY HAVE BEEN MET, AND THAT ANY VALUE RECEIVED BY WYLIE RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTEND TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON WYLIE'S INFRASTRUCTURE. DEVELOPER AND WYLIE FURTHER AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994), AND ITS PROGENY, AS WELL AS ANY OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC INFRASTRUCTURE. (V) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO THIS SECTION 10. (b) DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE Roadway Impact Fee Agreement Page 8 of 33 4825-6466-9065, v. 2 OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (d) THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. INDEMNITY. (a) DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONAL WRONGFUL ACT OR OMISSION OF DEVELOPER IN ITS PERFORMANCE OF THIS AGREEMENT AND ARISING OUT OF GOODS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT (HEREINAFTER `CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM `CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST WYLIE BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT OR SEPARATION FROM EMPLOYMENT WITH THE DEVELOPER, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX,, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, WYLIE Roadway Impact Fee Agreement Page 9 of 33 4825-6466-9065, v. 2 SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. (C) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the TEx. Loc'L GOV'T CODE, as amended, and nothing in this Agreement provides Wylie with fair notice of any project of Developer. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, UNDER THIS AGREEMENT. THIS SECTION 12 SHALL SURVIVE TIIE TERMINATION OF THIS AGREEMENT. 13. CONDEMNATION PROCEDURES/RIGHTS WAIVER. As ADDITIONAL CONSIDERATION FOR THE BENEFITS DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, DEVELOPER HEREBY RELEASES CITY FROM AND AGAINST, AND WAIVES, ANY ALL RIGHTS TO OR CLAIM FOR ANY RELIEF UNDER CHAPTER 2206 OF THE TEXAS GOVERNMENT CODE, AS AMENDED, AND/OR CHAPTER 21 OF THE TEXAS PROPERTY CODE, AS AMENDED, ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. 14. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEx. LOC. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 15. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of Wylie and the authorized representative of the Developer. 16. Warranties/Representations. All warranties, representations and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to Wylie under this Agreement and shall be considered to have been relied upon by Wylie and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by Wylie or on Wylie's behalf. 17. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 18. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. Roadway Impact Fee Agreement Page 10 of 33 4825-6466-9065, v. 2 19. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 20. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 21. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date (hereinafter defined). The parties agree that the performance of the parties under this Agreement is authorized by Section 212.072 of the Texas Local Government Code. 22. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 23. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 24. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 25. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact Roadway Impact Fee Agreement Page 11 of 33 4825-6466-9065, v. 2 name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved, executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file -marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file - marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective officers, directors, partners, employees, representatives, agents, vendors, grantees, and/or trustees, heirs, executors, administrators, legal representatives, successors and assigns, as authorized herein. 26. Indemnification. The parties agree that the Indemnity provisions set forth in Section 10 and Section 11 herein are conspicuous, and the parties have read and understood the same. 27. Construction and Bond Requirements. All construction described herein shall be subject to and in compliance with all ordinances, rules, regulations and requirements of Wylie, as they exist, may be amended or in the future arising (collectively, "Regulations"), including, but not limited to, all Regulations applicable to Wylie's Final Acceptance, and evidence of any bonds required by Section 212.073 of the Texas Local Government Code, as amended, other applicable law or this Agreement shall be provided by Developer to Wylie (collectively, "Construction Requirements"). 28. Conveyances. All conveyances required herein shall be made in a form acceptable to Wylie and free and clear of any and all liens and encumbrances. 29. Waivers. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 30. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding`upon all parties within the herein defined term Developer, and their officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. 31. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 32. Immunity. It is expressly understood and agreed that, , in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would Roadway Impact Fee Agreement Page 12 of 33 4825-6466-9065, v. 2 otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). ATTEST: Stephanie Storm, City Secretary CITY OF WYLIE, TEXAS a home -rule municipality Chris Holsted, City Manager Date: DEVELOPMENT SOLUTIONS BZ, LLC, a Delaware limited liability company By: Name: Title: Date: Roadway Impact Fee Agreement Page 13 of 33 4825-6466-9065, v. 2 STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED CHRIS HOLSTED, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; SHE ACKNOWLEDGED TO ME THAT SHE IS THE DULY AUTHORIZED REPRESENTATIVE FOR THE CITY OF WYLIE, TEXAS, A TEXAS HOME RULE CORPORATION, AND SHE EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS My commission expires: STATE OF MINNESOTA § COUNTY OF § BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; HE ACKNOWLEDGED TO ME THAT HE IS THE AND DULY AUTHORIZED REPRESENTATIVE OF DEVELOPMENT SOLUTIONS BZ, LLC, AND HE EXECUTED THE SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2019. NOTARY PUBLIC IN AND FOR THE STATE OF MINNESOTA My commission expires: Roadway Impact Fee Agreement Page 14 of 33 4825-6466-9065, v. 2 Exhibit A (Property) LEGAL DESCRIPTION LEGAL DESCRIPTION BOZMAN FARM ESTATES PHASE 6 JOHN G. JONE'T1' SURVEY, ABSTRACT NO. 475 CITY OF WYLIE, COLLIN COUNTY, TEXAS OWNERS DEDICATION: WHEREAS DEVELOPMENT SOLUTIONS BZ, LLC d/b/a/ DS Bozman, LLC is the owner of all that certain lot, tract or parcel of land situated in the John G. Jonett Survey, Abstract Number 475, City of Wylie, Collin County, Texas, and being a part of that saute tract of land described by deed to Development Solutions BZ. LLC, recorded under Document Number 20130628000906750 of the Official Public Records of Collin County, l'exas, and more particularly described as follows(hasis of hearings for this survey is the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum of 1983 (NAD83), with a combined scale factor of 1.000152710); TRACT I: BEGINNING at a "PK" Nail found for the southeast comer of said Development Solutions BZ. LLC tract, same being the northeast corner of a tract of land described to Norwood Brown and Jenn Quattrone-Brown, by deed recorded in Document No. 20110208000139000, Official Public Records. Collin County, Texas; Tying on the west line of Beaver Creek Estates, Section One, an addition to the City of Wylie, according to the plat thereof recorded in Volume 12, Page 99, Plat Records, Collin County, Texas, and lying in the approximate centerline of Beaver C:reck Road, from which a I/2-inch iron rod found for the southwest corner of Lot 9, Block I of said Beaver Creek Estates bears North 00 degrees 14 minutes 57 seconds West, a distance of 30.00 feet; • THENCE North 86 degrees 55 minutes 40 seconds West, with a north line of said Brown tract and along the approximate centerline of said Beaver Creek Road, a distance of 817.89 feet to a 1/2-inch iron rod with yellow cap stamped "ARTHUR SURVEYLNG COMPANY" (ASC) set for comer, THENCE North 00 degrees 09 minutes 58 seconds West, departing the north line of said Brown tract and the approximate centerline of said Beaver Creek Road, over, into, and across said Development Solutions BZ, LLC tract. a distance of 100.34 feet to a I/2-inch iron rod with yellow cap stamped (ASC) set for corner at the beginning of a curve to the left having a radius of 1232.50 feet, a central angle of 2 degrees 30 minutes 14 seconds, a chord bearing and distance of North I degrees 25 minutes 05 seconds West, 53.86 feet; TIIENCE in a northerly direction along said curve to the left, an arc length of 53.86 feet to a 1/2-inch iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" (ASC) set for comer, TIIENCE North 41 degrees 44 minutes for comer, THENCE North 04 degrees 17 minutes for comer, THENCE North 49 degrees 42 minutes for corner, 28 seconds East, a distance of 14.23 feet to a I/2-inch iron rod with yellow cap stamped (ASC) set 48 seconds West, a distance of 50.02 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set 34 seconds West, a distance of 14.38 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set THENCE South 87 degrees 43 minutes 04 seconds West, a distance of 65.14 feet 1/2-inch iron rod with yellow cap stamped (ASC) set for corner at the beginning of a non -tangent curve to the left having a radius of 1167.50 feet, a central angle of 21 degrees 41 minutes,38 seconds , a chord bearing and distance of North 16 degrees 58 minutes 27 seconds West, 439.41 feet; THENCE in a northwesterly direction along said curve to the left, an arc length of 442.05 feet 1/2-inch iron rod with yellow cap stamped (ASC) set for corner at the beginning of a reverse curve to the right having a radius of 1232.50 feet, a central angle of 25 degrees 38 minutes 10 seconds, a chord bearing and distance of North 15 degrees 00 minutes 11 seconds West, 546.87 feet; WINDROSE LAND SURVEYING I PLATTING '220 ELM STREET. SURE 200 I LEWISVILLE TX 75057 12142172544 FIRM REGISTRATION NO.10194331 I WINDROSESERVICES.COM ARTHUR ® LAND SURVEYING 220 FJm St., 4 200 - I.ewi�ville, TX 75057 Pb. 2143ing.co - IFIEga 1ish,d 00 19 anhursurvtying.wm Established 19R6 Page 1or5 MDralmeligV3Thir AvfrY\CN/ID - tdea e - Qb Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 15 of 33 LEGAL DESCRIPTION BOZMAN FARM ESTATES PHASE 6 JOHN G. JONETT SURVEY, ABSTRACT NO. 475 CITY OF WYLIE, COLLIN COUNTY, TEXAS THENCE in a northwesterly direction along said reverse curve the right an arc length of 551.46 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for comer; THENCE North 00 degrees 12 minutes 33 seconds West, a distance of 84.99 feet 1/2-inch iron rod with yellow cap stamped (ASC) set for corner at the beginning of a curve to the right having a radius of 1232.50 feet, a central angle of 06 degrees 58 minutes 02 seconds, chord bearing and distance of North 05 degrees 15 minutes 02 seconds East, 149.78 feet; THENCE in a northeasterly direction, along said curve to the right an arc length of 149.88 feet to 1/2-inch iron rod with yellow cap stamped (ASC) set for corner; THENCE North 09 degrees 19 minutes 14 seconds East, a distance of 17.87 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner; THENCE North 09 degrees 49 minutes 55 seconds East, a distance of 18.56 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner at the beginning of a curve to the right having a radius of 1232.5 feet, a central angle of 19 degrees 08 minutes 50 seconds, a chord bearing and distance of North 20 degrees 00 minutes 06 seconds East, 409.97 feet; THENCE in a northeasterly direction, along said curve to the right an arc length of 411.88 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for comer; THENCE North 28 degrees 52 minutes 29 seconds East, a distance of 28.54 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner; THENCE South 61 degrees 49 minutes 32 seconds East, a distance of 65.00 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner, THENCE South 68 degrees 34 minutes 55 seconds East, a distance of 749.55 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for comer; THENCE North 89 degrees 50 minutes 02 seconds East, a distance of 224.78 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner in the west line of said Beaver Creek Estates; THENCE South 00 degrees 09 minutes 58 seconds East, with the west line of said Beaver Creek Estates, a distance of 1185.85 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner; THENCE South 00 degrees 14 minutes 57 seconds East, continuing with the west line of said Beaver Creek Estates, a distance 404.44 feet to the POINT OF BEGINNING and containing 1,739,130 square feet or 39.925 acres of land, more or less. TRACT 11: COMMENCING at a "PK" Nail found for the southeast corner of said Development Solutions BZ, LLC tract, same being the northeast corner of a tract of land described to Norwood Brown and Jenn Quattrone-Brown, by deed recorded in Document No. 20110208000139000, Official Public Records, Collin County, Texas; lying on the west line of Beaver Creek Estates, Section One, an addition to the City of Wylie, according to the plat thereof recorded in Volume 12. Page 99, Plat Records, Collin County, Texas, and Tying in the approximate centerline of Beaver Creek Road, from which a 1/2-inch iron rod found for the southwest corner of I.ot 9, Block 1 of said Beaver Creek Estates hears North 00 degrees 14 minutes 57 seconds West, a distance of 30.00 feet; WINDROSE LAND SURVEYING I PLATTING 220 ELM STREET, SUITE 200 1 LEWISVILLE. TX 75057 1214.217.2544 FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COM ARTH U R tramessaire LAND SURVEYING 220 Elm St., e 200 - Lemsvillc, 7X 75057 Ph. 214.217.2544 - TERN!: 10063800 anhursurvcy ng.com Established 1986 Page of5 /J NriosbringVOSIror tatnsu — 0666. 6 — WA. Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 16 of 33 LEGAL DESCRIPTION BOZMAN FARM ESTATES PHASE 6 JOHN G. JONETT SURVEY, ABSTRACT NO. 475 CITY OF WYLIE, COLLIN COUNTY, TEXAS Ti 'ENO.: North 86 degrees 55 minutes 40 seconds West, with a north line of said Brown tract and along the approximate centerline of said Beaver Creek Road, a distance of 937.41 feet to a point for corner, - THENCE North 89 degrees 45 minutes 35 seconds West, continuing with the north line of said Brown tract and along the approximate centerline of said Beaver Creek Road, a distance of 267.66 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner, said point being the POINT OF BEGINNING; THENCE North 89 degrees 45 minutes 36 seconds West, continuing along the north line of said Brown tract and along the approximate centerline of' said Beaver Creek Road a distance of 724.59 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for the northeasterntnost corner of a tract of land described as "Tract 1" to the City of Dallas, by deed recorded in Volume 725, Page 817, Official Public Records, Collin County, Texas, and the southeast corner of a tract of land described as "Eleventh Tract" to The City of Dallas, by deed recorded in Volume 703,Page 219, Official Public Records, Collin County, Texas; THENCE North 17 degrees 41 minutes 52 seconds East, with the southeast lisle of said "Eleventh Tract", a distance of 271.42 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for the easternmost comer thereof; THENCE North 43 degrees 40 minutes 43 seconds West, with the northeast line of said "Eleventh Tract", a distance of 377.24 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for the Northernmost comer thereof,- THENCE South 62 degrees 37 minutes 31 seconds West, with the northemmost northwest line of said "Eleventh Tract", a distance of 399.88 feet to a 1/2-inch iron rod with yellow cap stampcd (ASC) set for the westernmost cooler thereof; THENCE South 44 degrees 20 minutes 01 seconds East, with the westernmost southwest comer of said "Eleventh Tract", a distance of 281.99 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for an interior corner thereof; THENCE South 21 degrees 07 minutes 29 seconds West, along a west lisle of said "Eleventh Tract", a distance of 152.62 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for an interior comer thereof; THENCE North 81 degrees 17 minutes 32 seconds West, along a north corner of said "Eleventh Tract", a distance of 36.36 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner in the northeast line of a tract of land described to Troy Road LLC, by deed recorded in Document Number 20140127000078100, Official Public Records, Collin County, Texas; THENCE North 52 degrees 02 minutes 41 seconds West, with the northeast line of said Troy Road I,LC tract, a distance of 575.65 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for the north corner thereof, and Tying on the east line of a tract of land described to The Sandoval Family Trust, by deed recorded in Volume 5432, Page 2951, Official Public Records, Collin County, Texas; THENCE North 01 degrees 10 minutes 13 seconds East, with the cast line of said Sandoval Family Trust tract and the cast line of a tract of land described to Senaida Segura, by deed recorded in Volume 5974, Page 850, Official Public Records, Collin County, Texas. a distance of 159,27 feet to a 1/2-inch iron rod with yellow cap stamped (ASC) set for corner in the east line thereof WINDROSE LAND SURVEYING I PLAITING 220 ELM STREET, SUITE 200 I LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COM ARTHUR ® LAND SURVEYING 220 Elm Si, 6 200 - LewisviUc, TX 75057 Ph. 214.2171541 - TFt0_'0 10063800 atthorserveying.com Established 1986 n1WaMV121111pr e®rrlcreiffi — eti..m. a — *P` Page of 5 // Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 17 of 33 TRACT 1: 1.901 ACRES WHEREAS DEVELOPMENT SOLUTIONS BZ, LLC is the owner of all that certain lot, tract or parcel of land situated in the John G. Jonett Survey, Abstract Number 475, City of Wylie, Collin County, Texas, and being a part of that certain tract of land described by deed to Development Solutions BZ, LLC, recorded under Document Number 20130628000906750 of the Official Public Records of Collin County, Texas, and more particularly described as follows: COMMENCING at a'h inch iron rod found for the southwest corner of B ozman Farm Estates, Phase 3, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet 2014, Pages 124 and 125 of the Plat Records of Collin County, Texas, and being in the southwesterly line of Collins B oulevard THENCE South 36 degrees 02 minutes 03 seconds East, within said Development Solutions tract, a distance of 145.74 feet to a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" (ASC) set for corner, being at the beginning of a curve to the left with a radius of 472.50 feet, having a delta angle of 29 degrees 51 minutes 35 seconds, whose chord beats South 50 degrees 58 minutes 17 seconds East, a distance of 243.47 feet; THENCE continuing with said curve an arc length of 246.24 feet to a'/ inch iron rod with a yellow cap stamped `ASC" set for the POINT OF BEGINNING, said point being at the beginning of a compound curve to the left with a radius of 472.50 feet, having a delta angle of 21 degrees 41 minutes 03 seconds, whose chord bears South 76 degrees 44 minutes 36 seconds East, a distance of 177.76 feet; THENCE continuing with said curve an arc length of 178.82 feet to a'/ inch iron rod with a yellow cap stamped `ASC" set for corner, said point being at the beginning of a reverse curve to the right with a radius of 847.50 feet, having a delta angle of 11 degrees 02 minutes 20 seconds, whose chord bears South 82 degrees 03 minutes 58 seconds East, a distance of 163.28 feet; THENCE continuing with said curve an arc length of 163.28 feet to a h inch iron rod with a yellow cap stamped `ASC" set for corner, said point being at the beginning of a compound curve to the right with a radius of 407.50 feet, having a delta angle of 06 degrees 47 minutes 11 seconds, whose chord bears South 73 degrees 09 minutes 12 seconds East, a distance of 48.24 feet; THENCE continuing with said curve an arc length of 48.27 feet to a'A inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE South 16 degrees 57 minutes 29 seconds East, within said Development Solutions tract, a distance of 12.29 feet to a'h inch iron rod with a yellow cap stamped `ASC" set for corner, r o rthur Surveying Coo, Inc, Professional Land Surveyors 972-221-9439 — Fax 972-221-4675 220 Elm Street, Suite 200 — P.O. Box 54 Lewisville, Texas 75067 — TFRN No. 10063800 Established 1986 www.arthursurveying.com Roadway Impact Fee Agreement Page 18 of 33 4825-6466-9065, v. 2 THENCE South 59 degrees 20 minutes 00 seconds Fast, continuing within said Development Solutions tract, a distance of 13.55 feet to a'6 inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE South 54 degrees 35 minutes 04 seconds East, continuing within said Development Solutions tract, a distance of 73.00 feet to a h inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE North 76 degrees 40 minutes 35 seconds East, continuing within said Development Solutions tract, a distance of 11.53 feet to a h inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE North 78 degrees 20 minutes 41 seconds East, continuing within said Development Solutions tract, a distance of 8.48 feet to a'/ inch iron rod with a yellow cap stamped `ASC" set for corner, being at the beginning of anon -tangent curve to the right with a radius of 910.00 feet, having a delta angle of 15 degrees 18 minutes 49 seconds, whose chord bears South 42 degrees 08 minutes 09 seconds West, a distance of 242.50 feet; THENCE continuing with said curve an arc length of 243.22 feet to a h inch iron rod with a yellow cap stamped `ASC" set for comer, being at the beginning of areverse curve to the left having a radius of 810.00 feet, with a delta angle of 02 degrees 30 minutes 44 seconds, whose chord bears South 48 degrees 32 minutes 11 seconds West, a distance of 35.52 feet; THENCE North42 degrees 43 minutes 10 seconds West, within said Development Solutions tract, a distance of 100.00 feet to a'/ inch iron rod with a yellow cap stamped "ASC" set for comer, THENCE North 63 degrees 00 minutes 57 seconds West, continuing within said Development • Solutions tract, a distance of 107.81 feet to a h inch iron rod with a yellow cap stamped ASC" set for comer, THENCE North 62 degrees 39 minutes 01 seconds West, continuing within said Development Solutions tract, a distance of 17.79 feet to a h inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE North 59 degrees 54 minutes 38 seconds West, continuing within said Development Solutions tract, a distance of 87.93 feet to a h inch iron rod with a yellow cap stamped `ASC" set for comer, THENCE North 10 degrees 23 minutes 45 seconds West, continuing within said Development Solutions tract, a distance of 165.25 feet to the POINT OF BEGINNING, and containing 1.901 acres of land, more or less. rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 — Fax 972-221-4675 220 Elm Stint. Suite 200 — P.O. Box 54 Lewisville. Texas 75067 — TFRN No. 10063800 Established 1986 www.arthursurvcylnp.com Roadway Impact Fee Agreement Page 19 of 33 4825-6466-9065, v. 2 1 TRACT 2: 10.634 ACRES WHEREAS DEVELOPMENT SOLUTIONS BZ, LLC is the owner of all that certain lot, tract or parcel of land situated in the John G. Jonett Survey, Abstract Number 475, City of Wylie, Collin County, Texas, and being a part of that certain tract of land described by deed to Development Solutions BZ, LLC, recorded under Document Number 20130628000906750 of the Official Public Records of Collin County, Texas, and more particularly described as follows: COMMENCING at a'h inch iron rod found for the southwest comer of B ozman Farm Estates, Phase 3, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet 2014, Pages 124 and 125 of the Plat Records of Collin County, Texas, and being in the southwesterly line of Collins B oulevard; THENCE North 57 degrees 45 minutes 06 seconds East, with the southeasterly line of said Collins Boulevard, a distance of 65.14 feet to al/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" (ASC) set for south comer of Lot 32X, Block J of said Phase 3, said point being the POINT OF BEGINNING; THENCE North 57 degrees 45 minutes 06 seconds East, with the southeast line of said Lot 32X, a distance of 1051.58 feet to a %inch iron rod with a yellow cap stamped "ASC" set for the south comer of Lot 23X, Block B of said Phase 3, being in the easterly line of Troy Road, said point being at the beginning of a non -tangent curve to the right with a radius of 910.00 feet, having a delta angle of 25 degrees 00 minutes 04 seconds, whose chord bears South 00 degrees 37 minutes 59 seconds East, a distance of 393.94 feet; THENCE continuing with said curve an arc length of 397.08 feet to a %z inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE South 11 degrees 52 minutes 04 seconds West, within said Development Solutions tract, a distance of 285.04 feet to a''/2 inch iron rod with a yellow cap stamped `ASC" set for comer, being at the beginning of a curve to the right with a radius of 910.00 feet, having a delta angle of 17 degrees 13 minutes 10 seconds, whose chord bears South 20 degrees 28 minutes 39 seconds West, a distance, of 272.46 feet; THENCE continuing with said curve an arc length of 273.49 feet to a ih inch iron rod with a yellow cap stamped `ASC" set for comer, THENCE North 70 degrees 06 minutes 01 seconds West, within said Development Solutions tract, a distance of 13.68 feet to a'/ inch iron rod with a yellow cap stamped "ASC" set for corner, a 4 rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 — Fax 972-221-4675 220 Elm Street, Suite 200 — P.O. Box 54 Lewisville, Texas 75067 — TFRN No. 10063800 Established 1986 www.arthumurveying.com Roadway Impact Fee Agreement Page 20 of 33 4825-6466-9065, v. 2 THENCE North 60 degrees 46 minutes 24 seconds West, continuing within said Development Solutions tract, a distance of 73.00 feet to a'h inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE North 71 degrees 36 minutes 46 seconds West, continuing within. said Development Solutions tract, a distance of 13.75 feet to a 1/2 inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE South 71 degrees 09 minutes 07 seconds West, continuing within said Development Solutions tract, a distance of 15.00 feet to a'h inch iron rod with a yellow cap stamped `ASC" set for corner, being at the beginning of anon -tangent curve to the left with a radius of 472.50 feet, having a delta angle of 08 degrees 28 minutes 51 seconds, whose chord bears North 72 degrees 18 minutes 22 seconds West, a distance of 69.87 feet; THENCE continuing with said curve an arc length of 69.94 feet to a'h inch iron rod with a yellow cap stamped ASC" set for corner, being at the beginning of a compound curve to the left with a radius of 912.50 feet, having a delta angle of 11 degrees 02 minutes 20 seconds, whose chord bears North 82 degrees 03 minutes 58 seconds West, a distance of 175.54 feet; THENCE continuing with said curve an arc length of 175.81 feet to a % inch iron rod with a yellow cap stamped `ASC" set for corner, being at the beginning of a reverse curve to the right with a radius of 407.50 feet, having a delta angle of 51 degrees 32 minutes 38 seconds, whose chord bears North 61 degrees 48 minutes 49 seconds West, a distance of 354.35 feet; THENCE continuing with said curve an arc length of 366.59 feet to a 1/2 inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE North 36 degrees 02 minutes 30 seconds West, within said Development Solutions tract, a distance of 141.43 feet to the POINT OF BEGINNING, and containing 10.634 acres of land, more or less. TRACT 3: 9.339 ACRES WHEREAS DEVELOPMENT SOLUTIONS BZ, LLC is the owner of all that certain lot, tract or parcel of land situated in the John G. Jolted Survey, Abstract Number 475, City of Wylie, Collin County, Texas, and being a part of that certain tract of land described by deed to Development Solutions BZ, LLC, recorded under Document Number 20130628000906750 of the Official Public Records of Collin County, Texas, and more particularly described as follows: COMMENCING at a 1 inch iron rod found for the southwest corner of B ozman Farm Estates, rthur Surveying Co„, Inc. Professional Land Surveyors 972-221-9439 — Fax 972-221-4675 220 Elm Street. Suite 200 — P.O. Box 54 Lewisville, Texas 75067 — TFRN No. 10063800 Established 1986 www.arthursurvcying.com Roadway Impact Fee Agreement Page 21 of 33 4825-6466-9065, v. 2 Phase 3, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet 2014, Pages 124 and 125 of the Plat Records of Collin County, Texas, and being in the southwesterly line of Collins Boulevard; THENCE North 57 degrees 45 minutes 06 seconds East, with the southeasterly line of said Phase 3 and continuing within said Development Solutions tract, a distance of 1857.16 feet to al/4 inch iron rod with a yellow cap stamped `ARTHUR SURVEYING COMPANY" (ASC) set for comer, said point being the POINT OF. BEGINNING; THENCE North 57 degrees 45 minutes 06 seconds East, within said Development Solutions tract, a distance of 298.63 feet to a %2 inch iron rod with a yellow cap stamped `ASC" set for comer; THENCE South 61 degrees 55 minutes 02 seconds East, continuing within said Development Solutions tract, a distance of 305.80 feet to al/4 inch iron rod with a yellow cap stamped `ASC" set for comer, THENCE South 71 degrees 31 minutes 21 seconds East, continuing within said Development Solutions tract, a distance of 66.66 feet to a''/2 inch iron rod with a yellow cap stamped `ASC" set for corner, being at the beginning of a curve to the left with a radius of 135.00 feet, having a delta angle of 18 degrees 30 minutes 56 seconds, whose chord bears South 80 degrees 46 minutes 49 seconds East, a distance of 43.44 feet; THENCE continuing with said curve an arc length of 43.63 feet to a'/2 inch iron rod with a yellow cap stamped "ASC" set for corner, THENCE North 89 degrees 57 minutes 43 seconds East, within said Development Solutions tract, a distance of 20.27 feet to a'/2 inch iron rod with a yellow cap stamped `ASC" set for corner, being at the beginning of a non -tangent curve to the left with a radius of 610.00 feet, having a delta angle of 05 degrees 29 minutes 59 seconds, whose chord bears South 02 degrees 42 minutes 42 seconds West, a distance of 58.53 feet; THENCE continuing with said curve an arc length of 58.55' feet to a'/2 inch iron rod with a yellow cap stamped `ASC" set for corner, THENCE South 00 degrees 02 minutes 17 seconds East, within said Development Solutions tract, a distance of 104.83 feet to a'12 inch iron rod with a yellow cap stamped `ASC" set for comer, being at the beginning of a tangent curve to the right with a radius of 1167.50 feet, having a delta angle of 21 degrees 21 minutes 33 seconds, whose chord bears South 10 degrees 38 minutes 29 seconds West, a distance of 432.71 feet; THENCE continuing with said curve an arc length of 435.23 feet to a 1 inch iron rod with a yellow cap stamped `ASC" set for corner, rthur Surveying Coo, Inco Professional Land Surveyors 972-221-9439 — Fax 972-221-4675 220 Elm Sant, Suite 200 — P.O. Box 54 Lewisville, Texas 75067 — TFRN No. 10063800 Established 1986 www.arthursurveying.com Roadway Impact Fee Agreement Page 22 of 33 4825-6466-9065, v. 2 Exhibit B (Street Improvements) CIVIL CONSTRUCTION PLANS FOR BOZMAN FARM ESTATES PHASE 5B "NO TROY ROAD CLOSURES ALLOWED" TWO-WAY TRAFFIC SHALL BE MAINTAINED ON TROY ROAD THROUGHOUT DURATION Of THE PROJECT. REVISED TRAFFIC CONTROL SHALL BE SUBMITTED BY CONTRACTOR AND APPROVED BY CRY PRIOR TO ANY TRAFFIC PATTERN ALTERATIONS. ARidinger Associates, Inc. ..,. .. .QW Engawaz ;:ranners : r a/J Acres auf c,Ms John D. .kran Stow), AU t NW. J/a M t'e A.iR.. Wes, Swwy. AFaG No. P: N Ceti Kryx. Co. Canny Tams .tHrv.r ..ft CITY ®F WYLIE JANUARY 2017 APPROVED IFCR CONSTRUCTION BY: �%�'........... DATE. c)3,,i APPROVED FOR CONSTRUCTION ..T, East Perk SUD j, Dale B/� 447 D(..1,. v 1.F `�'tip: Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 23 of 33 rite I r•. �esrr rum. a.yt� No bn _. o:z..= ..=— 444. 1 CI N: FINAL PLAT BOMANYAM CS ATES YNASTi3B �W.erysu1414� . a.r Aten.aw.u,ca.a..r.m. Malden Irc 11114~-A.. r=era—. /2 TROY ROAD *10 C-B Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 24 of 33 . —... ---••• I g i ig kli ii .5 n I l', 4a i.•,, . 1! ell !ec•.••,..•-:------ .---t- --t----------f1 — - .i.., t -.- - -1 551-7,7O21.75=577215:=.57.. 4.., .., ,1- - - ---...-_---L- -2 — t 4,- - ---".'—' — '-----.71 =AM 7 , .„ ,,,, -,,-..... .:;,,,,,,,,.„... ,,,,...,•••••••••• ....,,,,, ..,,,. ''.74.1r.::-..12„; s V. 1,-0 ".'...,,,$ $ ,-,...t.v*.:-re e..-- .., - • •--- ' •...,..v.y...,,..t.t-sf.4‘,2-,-..1.--4.,...,-_-r-,.:.%. • .,--,-,-7,-,...---,..,,,„•••,.-....,.--...-- 0, ...." • . I , .,,, ..,.,„_ ,•:, •• . :n:4'7:1 - ,.. m ij-' „ .,y .! .,-.4.--,4), ,- 1:, • "c'rti.•--•,..... ..... .,, 1 ., F. :::-.:. 7:-%:-;-`.-,--.7..: -4,...r.u..:. • •,,,,,,, _ 7-$,V.e-r14.1 a .... -., ... -,- . ' F.:21.-a:ii,.... / ' \ ;ti, ;2"...c --?..,--- CO, 6 .$-'-$,.• " ‘ ._ ,,,r,:w ,., ..., s 7:: ,.... -.7.-, .,- -..1 T.:. .x.........,1,,, , • - ' \?,..,- -- - :..,-,,r,'',17..,.--„I' • — '......._/:;----:,'N '.,.. ,. •• .. A - ,,,,A ,,, ,,..s.___:___.... ,.•,. 8- :::: :.;:; :, ::-.• TROY ROAD • . i . :- 1 i , i ! , _, ,„.. 1 : . : • . . $ , --t : : • :, .- t -41 t t . R 1 , 2. ; ; 1 ; pc 1111111110MINNI . . i , a- .2§ L ......maitimIllIMIII -Milli- 01132 ---7-1-1-t-10, —1— -1 i-.M.N.IT"'NEMMINEEINiallalr"....111itril-a. . a --1=4•H' . r ••••:tp.,wi--.; --r-t—i' -' -1-1-1- ---r-.9-.74,„'• t -•; + . i ?: 1 f ' L....:._ 1:: If:7,1,_] ; ' . ..1. ... 77:1; ' , : 1 _ -;-''.-P• _1-;:- f„t:-.-1•.• -;- • - - 1 -r il- _ - --r. -I ... ,1: t .1.1.em -v - :i! I ''.- tibemd ' C7 29.00 *co 12.eo 26.40 Eh. 1641:1 CIVIL CONSTRUCTION PLANS FOR BOZMAN FARM ESTATES TROY ROAD EXTENSION cmieF ITYLE APPROVED FOR OONSTEMOD to/t 4/i 1312: P.M.Ar, srvelanaof UVKal (IC MAW, Gr MAI OIRMELFt Ridinger Associates, Inc 53.892 Acres ail aft Jan G. Jonon Sway. Abst No 475 =Oho Aaron Woe Survey, Abst N 979 reer.m. corm County. Texas rs OCTOBER 2017 nia• or Nan ...--, - • _ 4,igultve...— " 4PK''_, --../•,..2...4-.3.,".7,r1=-'"-- v;: '' Ws - -r.. 47,?•••nz:IY:4:- -441—yR-24.1.- *. --i.i- liFilfW4-""" .=1,,.- ' • ,Z7:".:*,:i7,:7, - ' -r- Roadway Impact Fee Agreement Page 25 of 33 4825-6466-9065, v. 2 FlA I Al likUUCX0 NOT SCALE NOTED U. GRAPHIC SCAIX LI:g1 FD1AL PLAT 7.7a1;72.475; 1111711AN FARM FSTATTS RIME Adls,9TYIR:ca t.:11:31,1=1, 1=1,4114:41.117,4=4.."...r.,..11471:1:11:17=1:Lt 711;1- 7:1-214:-:::,-- 7.1=1.4,-......4--.....„•;,:-."---"— =...vatt,•.•=,---• ---.7=--7-::,..- Mrli.1.7.774,,,m. •,,,,.F.Z.:72..7.77-4-‘-':7:::='= _::: ,____.,........-.,,...=,...7.:-'::•Tt.t,.''''''I'M-17Fil - ---- .—.-..."-..:=47.•::::::`,:-.=====...._...._... 414,r4•::',41;44 3.1.4 . : "..44=1444.4 ; g.117.7.11- ; tek&'"Iirs1 " PAYMAN ISIATO r L '16 Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 26 of 33 1•03e0/ Wee del. neat. leKe MOW a, WINK 514COO 4O. c .L; .111 C-01 P0MNO NOTES At, 03066 FOR LL 5 fd2 Y9 a4a( R0000119a1.10 /4Wa2 ad ICC16 5511 IN11•0a1 alV1�W Mar ICI 3010 PY) 1 WMOR90 WM Sal et One. loss IN •3 rd ONIp WrD 160fWN re I05.6 43a0Hp WALE E ■ Deo 2a9W W WIRI ICP1O®il am 111A E4KD®4R Volt 111 ot1/L6 en. 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H R. 0 M W1 55C1 E OWAH= Oa Pa SAES 9Nr R01OC NW wow 0 R a unwo G mum moon NLmow eat 4m 1 . m 00W 9522 eLL a CS05.0 t 1 r.a.a mks ea ow. ZSMerSw.nP4nP. CITY OF WYUE, TFXOC mei Sn4N000 (NSTRICT1ON OVALS GENERAL NOTES 0n. 40W.2609 Is -% c-Szz Roadway Impact Fee Agreement 4825-6466-9065, v. 2 Page 27 of 33 • ..,,x,ENUF:,,,gicaPT,EZTVE=aLT,'„ ' Z'it.IVATTNTLiZEPATEMT"E`AV.T.g"' CO. //KW na MO KW, [IX PO WV Ce•la ad 40 EASING TROy ROAD TO AMAIN IN SERVICE UNTIL PROPOSED TROY ROAD HAS BEEN CONSTRUCTED. NO CLOSURE ON TROY ROAD ALLOTIED IMOD,' CITY APPROVAL 4 LEGEND • I i'Ar:246 gl,VJ WO. MAU Urn VP T.Hav (-03 2 111.1:•47.tor :-... 1." -..,- fr '/,,miiiNgi .- , • ,,,, „ i, 4., 0 , - „ " •--- _ ., , ifit IIIM 1 •01e1533130121003:0•511.•51031 ' hi if',41 AFISPOP .41 —• :-_-----------" efffflts, 4. i,, i • Orl1.233333131311131010=3011r111. . .7.1"...." t''''', . 110111.1301.3113101331C••=0 cogemnorrxr.rammmara. VOES323111312113O3O•=101030350 In z a. 0 n fti V k R....., m . 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'.� i' I. ; h P 1 d�i Ridinger Associates• Inc. ov,&paw,•R§ma9 eR:9:s ......_ _ _ .7.. ...�.. �� ,G OVERALL PLAN INTERSECTION AT TROY RD & E STONE RD fE stow R0.1 DETiUR INTERSECTION AT TROY RD & COLLINS BLVD INTERSECTION AT TROY RD & BEAVER CREEK RD. rTROY ROA04/Y 1TROY ROAOE' , l/ ue'°°e• INTERSECTION AT E STONE RD & BEAVER CREEK RD INTERSECTION AT TEMPORARY TROY RD & COLLINS BLVD o& 0 ,Is ri C-09 Roadway Impact Fee Agreement Page 31 of 33 4825-6466-9065, v. 2 Exhibit C (Cost Analysis) Ridinger Associates, Inc. 550 S. Edmonds Lane, Suite 101 Lewisville, Texas 75067 TEL: (972) 353A000 FAX: (972) 353.0011 PROJECT: Eozman Farms Phase 6 ACREAGE: UNITS: JOB NUMBER 118-009 DATE: Troy Rd Phase 68 South of Collns item Description Units Unit Cost Quantity Cost Excavation and Erosion Control 2 Unclassified Roadway Excavation Silt Fence CY LF $ 1.95 1:50 24 509 $ 46.80 $ 763.50 4 Curlex Retaining Walls SY LS 1.25 $ 59,010,00 968 0 $ 1,210,00 $ Excavation and Erosion Control Total 2,020.30 Paving 2 4 7"Stabilized Subgrade Hydrated Lime (37415Y) for StebilOation 8" Thick Rein!. Conc. Pomt wl Curb SY TON SY $ 2 75 $ 172 00 $ 36.00 1633 45 1514 $ 4,49075 '$ 7,74000 $ 54,504.00 Concrete Street Header LF $ 10 00 50 $ 500 00 9 Contruct Concrete Curb LF $ 10,00 $ 10 11 12 Sawcut and Remove Existing Curb Sewcut end Remove Existing Pavement 5' Reinf. Conc.Sidewelk LF SY SF $ 9.00 $ 12.00 $ 5.00 23 2586 $ 207.00 $ $ 12,930.00 13 6' Reinf. Conc. Trail • SF $ 6.00 14 15 16 17 ADA Ramps Street & Stop Signs Pavement Markings Wrought Iron Railing along Troy Rd EA EA LS LS $ 1,478 00 $ 550.00 $ 17,56200 $ 42,800.00 $ 550.00 17 562.00 Paving Total $ 98,483.75 Drainage 18" RCP LF $ 48 00 2 24" RCP LF 6400 3 8' Curb Inlet EA $ 2,800.00 4 10' Curb Inlet EA $ 3.000 00 5 6 Sloped Concrete Headwall for - 24" pipe 18" Thick Grouted Rock Riprap Trench Safety Inlet Protection EA SY LF EA $ 2.250.00 $ 70.00 $ 0.60 $ 175.00 Drainage Total Mlscellanous Construction Entranace EA $ 2.700 00 2 Barricade &Traffic LS $ 5.000.00 $ 5,000.00 Bond LS 4 6 Material Testing Staking Inspection Fees LS LS $ 1,000.00 $ 2,50000 $ 98,483.75 3% $ 1,000.00 $ 2,500.00 2,954,51 Miscelianous Total $ 11,454.51 Total Cost $ 111,958.66 Page 1 of1 1 Roadway Impact Fee Agreement Page 32 of 33 4825-6466-9065, v. 2 Rid inger Associates, Inc. 550 S. Edmonds Larne, Suite 101 Lewisville, Texas 75067 TEL: (972) 353-8000 . FAX: (972) 353-8011 PROJECT: Bozman Farms Phase 6 ACREAGE:, UNITS: JOB NUMBER: 118-009 DATE: Item Description Units Unit Cost Troy Rd Phase 6 South (Reimbursable) Quantity Cost Excavation and Erosion Control 1 2 ffitd 3 tie I19 A . "tSr7i. 2Ya/biCV V Sae," 5 3ta, CY '✓95311/w# a 43.503 10:- fi:7Z650, 4 1 ' 'rbt Rd 5 6 WV,;ra, LS° 9,1" 7 as 20194 /�6 tr`a 0, 9 4 -1 Excavation and Erosion Control Total $ 73,522.50 Paving 1 4 £r4 Tt19'ii ConaS. 5 6 7 8 9 Tkt7Ortfiandrari Galva g",,...'a; r ,, Install ., 1v, %« Pavement Markings Street & Stop Signs a fi PAM -$ 1f% ,/'$Y , '$ ri eSF "LS, LF FA 4 0.00 $ 3,800.00 $ 1.05 $ 550.00 29181Gg'ii'1, �511.Bt+".Ot2 0044 Vf i * 52.00.0 G 28G9°mir, r��30f,422£00, ,36331 /0//�rr/53T51119,073.2$ , 2805 a ,"p 4 =16,800.00% 1842 600.00 3,800.00: $ 1,934.10 6 $ 3,300.00 Paving Total $ 177,601.35 Drainage 1 2 3 4 5 6 7 8 9 10 19, CP a / ,°:/, //it AVI Tttik tw.seety • 41, tiktidentiOrain ,v" 7-;10%1(7 1400 x""EA SY LF -. E4 LS, $ „ x p40330: S/iOCk 1 1 %tic a'' 194:00- /Seam,, S(X10.0)1 1 7' 02' // �i 1 'i , //%371, 280.00 2,.'Rfl_00: 195/4/4 � dSr�Yi, " ter,0:00" 12 A ?, 3504ii Drainage Total $ 680,728.80 Miscellanous 1 2 3 4 5 6 Feitteaction,£n#a ^�,,, e 4 ' it'tiat18"&Trrtflic,lx41 Materiel Testing Staking Inspection Fees ."A,Y EA LS LS % $f1i25rp000 $ 3,500.00 $ 7,000.00 3% 1 1 $ 871,505.15 fair ;UMW. "V'8,47 ✓.1i r.%Y, ,2.500.00E $ 3,500.00 $ 7,000.00 $ 26,145.15 Miscellanous Total $ 49,820.15 Total Cost Page 1 of 1 $ 981,672.80 Roadway Impact Fee Agreement Page 33 of 33 4825-6466-9065, v. 2