HomeMy WebLinkAboutInfrastructure Agreement (2) CP -c:3
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INFRASTRUCTURE AGREEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
THIS AGREEMENT is made and entered into to be effective as of the c2/ SY--
day of
, 2001, by and between THE CITY OF COLLEGE STATION, TEXAS (the
"Cit '), TAC REALTY, INC., a Texas corporation ("TAC"), and COLLEGE MAIN
APARTMENTS, LTD., a Texas limited partnership ("COLLEGE").
RECITALS :
A. COLLEGE is the owner of approximately 192 acres of real property(the"COLLEGE
Property"),which is more particularly described on Exhibit"A", attached hereto and
made a part hereof.
B. TAC has a contract to purchase (the "TAC Purchase Contract") 55 acres of the
COLLEGE Property from COLLEGE (the "TAC Property"), which is more
particularly described on Exhibit"B", attached hereto and made a part hereof. The
sale of the TAC Property is scheduled to close on or before December 23, 2001 (the
"Closing").
C. The City has a contract to purchase (the "City Purchase Contract") 10 unidentified
acres of the TAC Property from TAC (the "City Property").
D. The improvements to be constructed pursuant to this Agreement are outlined in the
Highway 30/60 Corridor Master Plan For Tax Increment Financing Development and
Public Improvement District Report dated September 2001 (the "Master Plan")
prepared by the Wallace Group, Inc., attached hereto and made a part hereof as
Exhibit "C", as it may be amended or supplemented to include the storm drainage
associated with the Copperfield Extension, as hereafter defined.
E. The City, TAC and COLLEGE desire to set forth certain agreements with respect to
the COLLEGE Property, the City Property and the TAC Property, as more
particularly set forth below.
AGREEMENT :
NOW,THEREFORE, for and in consideration of Ten Dollars($10.00),the mutual covenants
herein contained, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged and confessed, the City, COLLEGE and TAC hereby agree as follows:
40008859.5 1
1. Utilities. The City agrees,at the City's sole cost and expense,to construct or contract
for the construction of water, sanitary sewer mains, electric, gas,cable and telephone
denoted as part of the Phase I improvements in the Master Plan and the storm
drainage required exclusively as a result of the Copperfield Extension, as hereafter
defined, at the minimum level required by the City's ordinances (the"Utilities") to
accommodate development of the COLLEGE Property, the City Property, and the
TAC Property. The size and location of the Utilities shall be as depicted on Exhibits
"C" and "D" to the Master Plan. The Utilities shall be extended to and through the
COLLEGE Property and to the western boundary of the TAC Property as depicted
in Exhibits"C"and"D"to the Master Plan and shall be constructed pursuant to plans
and specifications developed and approved by the City, in the City's sole reasonable
discretion. The portion of the Utilities which are located on the west side of the
Copperfield Extension will be extended to reach the boundary of the COLLEGE
Tract and TAC Tract. Utilities for the TAC and City property shall be constructed
and extended as provided in a separate Development Agreement between the City
and TAC. The City shall use due diligence to complete construction of the Utilities
within 19 months of the transfer of the City Property from TAC to the City,provided
that any events of force majeure shall extend the date of completion of construction
for a period of time equal to the delay caused by the force majeure event,or any delay
caused by either TAC or COLLEGE due to their failure to comply with the terms of
this Agreement. The obligation of the City to use due diligence under this Agreement
shall not obligate the City to incur additional costs to accelerate the completion of the
Utilities within the 19 months above those contemplated at the initiation of the
project. In all events, other than an event of force majeure or any delay caused by
either TAC or COLLEGE due to a failure to comply with the terms of this Agreement
or any delay caused in obtaining the necessary easements and right of ways, any of
which shall extend the date of completion of construction for a period of time equal
to the delay, the City shall complete the construction of the Utilities upon the earlier
to occur of(a) twenty-eight (28) months from the Closing or (b) ninety (90) days
prior to the opening of the hotel and conference center to be built on the TAC
Property. The City, at its sole cost and expense, shall obtain all easements and
permits necessary for construction, placement and maintenance of the Utilities;
provided, however, that COLLEGE and TAC shall each grant to the City such
temporary and permanent easements and/or rights of way across the COLLEGE
Property and the TAC Property as may be reasonably necessary for construction of
the Utilities, which permanent easements shall be in recordable form reasonably
acceptable to COLLEGE and TAC, respectively.
The term"force majeure" shall mean acts of God, fire, earthquake, flood, explosion,
action of the elements, war, invasion, insurrection, riot, mob violence, sabotage, strike,
lockout, action of labor unions, requisitions, laws, or orders of government(other than
those of the City of College Station exclusively relating to the Property) or civil or
military authorities, delay by contractors, engineering consultants, vendors, delay due to
equipment or materials being unavailable from suppliers, delays caused by insufficiency
of bidders on the project.
40008859.5 2
2. Streets. The City, at its sole cost and expense, shall construct the Copperfield Drive
extension denoted as part of the Phase I improvements in the Master Plan (the
"Copperfield Extension"), as depicted on Exhibit "B" to the Master Plan. The
Copperfield Extension shall be paved with concrete, curbed and guttered, with
sidewalk(s), and shall otherwise be constructed in accordance with plans and
specifications developed and approved by the City, in its sole discretion. The size
and location of the Copperfield Extension shall be as depicted on Exhibit"B"to the
Master Plan; provided, however, that in all events the eastern right of way of the
Copperfield Extension shall coincide exactly with the western boundary of the TAC
Property. In addition, at least one median crossing will be provided at a location
along the Copperfield Extension acceptable to TAC and the City which provides
access to the TAC Property. COLLEGE shall grant to the City perpetual right-of-
way easements for placement of the Copperfield Extension on the COLLEGE
Property. The City shall use due diligence to complete construction of the
Copperfield Extension within 19 months of the Closing. The aforestated date of
completion shall be extended for events of delay caused by COLLEGE's or TAC's
failure to comply with the provisions of this Agreement, or force majeure. The
obligation of the City to use due diligence under this Agreement shall not obligate
the City to incur additional costs to accelerate the completion of the Copperfield
Extension within the 19 months above those contemplated at the initiation of the
project. In all events, other than an event of force majeure or any delay caused by
either TAC or COLLEGE due to a failure to comply with the terms of this Agreement
or any delays caused in obtaining the necessary easements and rights of way, any of
which shall extend the date of completion of construction for a period of time equal
to the delay, the City shall complete the construction of the Copperfield Extension
upon the earlier to occur of(a) twenty-eight (28) months from the Closing or (b)
ninety(90)days prior to the opening of the hotel and conference center to be built on
the TAC Property.
3. Lan se Assumptions. It is acknowledged and agreed by the parties hereto that the
size and l`o ati.Qn of the Utilities and the Copperfield Extension and City's
PSvagreement to participate in Sections 1 and 2 hereinabove are b on land use
\� assumptions provided to th- ity by COLLEGE and TAC asset" orth in Exhibit "D"
attached hereto and made a p. -reo£ Any change needed or requested by TAC
or COLLEGE must be submitted to • - City-in writing within a reasonable time
before design commences. City shall-give C and COLLEGE written notice at
least thirty (30) days prior to the commenceme of the design. In addition, any
increase in utility, roadway and sidewalk constructio ost caused by or resulting
from changesrequested by TAC or COLLEGE and appro by City will be borne
by the patty requesting or causing the change.
4. Limitation on Assessments. The City agrees that, except as provided in Section 5 and
U6 hereinbelow, neither COLLEGE, TAC, nor the owners of any portion of the
, COLLEGE Property or the TAC Property shall be assessed, for all or any portion of the cost of the Utilities or Copperfield Extension . The City further agrees that
during the period prior to December 31, 2004, TAC shall not be assessed for all or
40008859.5 3
any portion of the cost of any public streets located on or adjacent to the TAC
Property which are constructed at the request of any party other than TAC.
5. Reinvestment Zone. The City, in its sole discretion, shall have the right to create a
Reinvestment Zone (the "TIF") which includes the COLLEGE Property, the TAC
Property and the City Property,and to capture the tax increments created in such zone
as provided in Chapter 311 of the Texas Tax Code. COLLEGE and TAC agree to
submit a petition for the creation of the Reinvestment Zone sufficient to create the
Reinvestment Zone pursuant to Section 311.005(a)(5) of the Texas Tax Code on or
before thirty(30)days after the date of Closing. COLLEGE AND TAC shall support
the creation of such zone and provide any documentation reasonably required by the
City to assist in the creation of such zone and to carry out the financing plan for such
zone. The zone shall, in part, fund the Phase I and Phase II improvements, if any,
under the Master Plan and shall service the debt issued by the City to construct a
conference center on the City Tract. To the extent that the TIF generates excess
funds above those needed for the Phase I improvements and to support the
conference center project and its debt, the City shall use such excess funds to
construct a portion of the Phase II improvements under the Master Plan.
6. Public Improvement District. Notwithstanding the provisions of Para ts a. - 4 hereof,
he City and COLLEGE agree that at the City's sole option, the COLL' E Property, m.. be placed in a public improvement district(the"PID"). The ' iI shall fund up
c\) to $`10,000 of the total cost of the Phase II improvements un• -r the Master Plan
locate,locate, on the COLLEGE Property. The Phase II improve nts to be constructed
tiwithin the 'ublic Improvement District are depicted in Ex•. sits "B", "C" and"D" of
1 the Master ' . and are labeled as Phase II on such E •;.its. The estimated cost of
V� the Phase II im: ovements is $1,223,500. COLLEe agrees that COLLEGE will
submit a petition I. .t meets the requirements o hapter 372.005 of the TEXAS
LOCAL GOV'T CO, (hereinafter TLGC) 9 or before 30 days after the date of
Closing, provided City i •of in a materi. default under any of the agreements
executed and delivered betw- - the p: -. es hereto. Notwithstanding any of the
foregoing, no portion of the TA 'r. •erty or the City Property shall be included
within such public improvement di COLLEGE shall reasonably cooperate with
the formation and administratio' of such •ublic improvement district. COLLEGE
shall exercise due diligence i• carrying out Al and all requirements prescribed by
Chapter 372 of the TLGC .: it relates to COLL . 's obligations as the owner of real
property within the blic improvement dis ' t to implement the public
improvement distric • not object to the levy of the as sment, the total amount of
which has been agreed upon herein in Paragraph 5, and ,'11 submit all information
and documents on reasonably required under this agreeme . Provided, however,
notwithstand, ng the foregoing, COLLEGE's obligation of reas. •able cooperation is
contingentupon the City not being in material default under this :greement or the
City Pi r hase Contract executed and delivered between the parties s ereto. In the
evehe City elects not to create the PID, it shall have no obligation to c. • truct the
Pias"e II improvements under the Master Plan, except to the extent that the co' of the
Phase I improvements under the Master Plan are less than $3,500,000, then the
40008859.5 4
differ\encKe shall be used to construct a portion of the P - I improvements under the
Master Plan:`
COLLEGE's failure or refusal to -. •nably cooperate shall constitute a default. In
such event, COLLEGE shal •ay up , $500,000.00 to City to enable City to
construct a portion of t• • 'hase II Improve =• s under the Master Plan on the
COLLEGE Prope•'• within ninety (90) business da •f the date of COLLEGE
receiving • notice from City of COLLEGE's default . : 'th an itemized cost
breakdo of the amount COLLEGE owes. Additionally,if COL . E fails to remit
pa, ent as provided herein, City may assess COLLEGE for COLLE 's share of
the costs of improvements constructed on COLLEGE property under any other law
authorizing assessments.
7. Notices. All notices or other communications required or permitted hereunder shall
be in writing and shall be deemed delivered and received upon actual receipt or, if
earlier and whether or not actually received, upon deposit in a regularly maintained
receptacle for the United States mail, certified or registered mail, return receipt
requested, postage prepaid, addressed to the intended recipient, as follows:
If to City: Kim M. Foutz
Director of Economic Development
City of College Station
1101 Texas Avenue
College Station, Texas 77842
With a copy to:
Harvey Cargill, Jr.
City Attorney
City of College Station
1101 Texas Avenue
College Station, Texas 77842
If to TAC: TAC Realty, Inc.
1111 Briarcrest Drive, Suite 300
Bryan, Texas 77802
ATTN: Donald A. Adam
40008859.5 5
If to COLLEGE: College Main Apartments, Ltd.
do: Cambridge Interests, Inc., General Partner
Emanuel Glockzin,President
4500 Carter Creek Pkwy, Suite 101
Bryan, Texas 77802
With a copy to:
Pat Stacy
Bryan, Stacy&Dillard L.L.P.
102 E. 26th Street
Bryan, Texas 77803
Telecopy#979/775-2021
Any party hereto shall have the right to change its address for receipt of notices, from
time to time,by delivery of at least ten(10)days prior written notice of such change
to the other party hereto in the manner prescribed above.
8. Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Exclusive venue for any legal action
arising out of this Agreement shall be in Brazos County, Texas.
9. Headings. Headings used in this Agreement are for reference purposes only and do
not constitute substantive matter to be considered in construing the terms of this
Agreement.
10. Remedies. In the event it shall be necessary for any party hereto to employ an
attorney to enforce its rights hereunder, the non-prevailing party or parties shall
reimburse the prevailing party for costs and reasonable attorneys'fees incurred by the
prevailing party in connection with such enforcement.
11. Business Days. In the event any period of time for performance of an obligation
hereunder expires on a Saturday, Sunday or legal holiday, such period of time shall
be automatically extended through the next day which is not a Saturday, Sunday or
legal holiday.
12. Interpretation. If any provision of this Agreement shall be determined to be invalid,
illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect
the other terms and provisions of this Agreement, and such other terms and
provisions of this Agreement shall continue in full force and effect. Furthermore,in
lieu of such illegal, invalid or unenforceable provision, there shall be automatically
added to this Agreement a provision as similar to the invalid, illegal or unenforceable
provision as may be possible and be legal, valid and enforceable.
13. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original and all of which,taken together, shall constitute
40008859.5 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
THE CITY:
THE CITY OF COLLEGE STATION, TEXAS
BY: C7(044„, 'I �.�ZC�tonp
LYNNcILHANEY, Mayor
ATTEST:
einw;*740t_prt______
CONNIE HOOKS, City Secretary
APPROVED:
IlflAGIA:412i
HOMAS E. BRYME, ity M. ager
96,trat,„ laiifria—
CHARLES CRYAN, Director of Fiscal Se ices
APPROViED AS TO FORM:
/---- Al./ '7
Jiv
SP. .' U M R
COLLEGE:
COLLEGE MAIN APARTMENTS LTD.,
a Texas limited partnership
BY: /'/ �
CAMBRIDGE INTERESTS, IN .,
General Partner
EMANUEL GLOCKZIN, President
40008859.5 9
•
TAC:
TAC REALTY, INC., a Texas corporation
BY: V 4c_.� (1 .
WILLIAM C. ATKINSON,
President
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the �St- day of ,
by Lynn Mcllhaney,Mayor of THE CITY OF COLLEGE STATION, a municipal co oration and
home-rule city of the State of Texas situated in Brazos County, Texas, on behalf of said municipal
corporation.
'''a CONNIE HOOKS , d '
! Notary Pubic State of Texas
t� ;�� My Commission Expires i NOTARY PUBLIC, ST TE OF TEXA
•,' FEBRUARY 18,2002
Notary's Printed Name (j(a,C � S
My commission expires: -WO Z,
40008859.5 10
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the 2 (s fi day of 5 Q24,4..-,—
by Emanuel Glockzin,m, Pre ident, Cambridge Interest, Inc., General Partner of COLL3E MAIN,
LTD., a Texas limited partnership, on behalf of said limited artnership.
- - – – - – – – – – – -
e.4`1. CONNIE HOOKS L})A/.1 -6.
`
1 I� Notary Public State of Texas NOTARY PUBLIC, STATE OF TEXAS
1 "� E RUARY 8,Commission 20002s Notary's Printed Name: (,)//A 1 4004
` _ – ` ! – – – My commission expires: 7-DO Z.,
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the '2/ day ofi .,�
by William C. Atkinson, President of TAC REALTY, INC., a Texas corporation, on behalf of said
corporation.
� CONNIE HOOKS I 1, NotNarry Pub'tc State of Texas1 �' FE RUARY 18E Aires I NC.4)) ';
RY PUBLIC, STATE OF TEXAS
I �a Notary's Printed Name: CONN!F v kS
T T My commission expires: -Zd 0 Z.--
40008859.5
i40008859.5 1 1
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FIRST AMENDMENT TO THE INFRASTRUCTURE AGREEMENT
THIS FIRST AMENDMENT TO THE INFRASTRUCTURE AGREEMENT (this
"Agreement") is made and entered into effective as of the / a---day of December, 2001 (the
"Effective Date") by and between THE CITY OF COLLEGE STATION, TEXAS, a municipal
corporation and home-rule city of the State of Texas situated in Brazos County, acting by and
through its City Council(the"City"),and TAC REALTY,INC.,a Texas corporation(together with
its successors and assigns,"TAC"),and College Main Apartments,Ltd.,a Texas limited partnership
("COLLEGE')relating to that certain Infrastructure Agreement(the"Original Agreement")executed
by and between the City,TAC, and COLLEGE on the 21'day of September,2001.
FOR AND IN CONSIDERATION of$10.00 and other good and valuable consideration,
including, without limitation, the mutual covenants contained in this Agreement, the receipt and
sufficiency of which are hereby acknowledged by the parties,City,TAC, and COLLEGE hereby
agree, each with the other,as follows:
1. Capitalized Terms. Any capitalized term that is used in this Agreement and is not
defined herein shall have the same meaning ascribed to it in the Original Agreement.
2. Amendments.
A. Paragraph 22 of the Original Agreement is hereby deleted in its entirety and
replaced with the following:
22. Conditions Precedent. The parties hereto agree that the Glosinglor the TAC
P mperty'shall`be on or before December 23,2001. The parties further agree that the
City's and TAC's ReviPeriods`under the City Purchase Contract and the TAC
Pi hese=Contract have expired. The obligationofthe City to acquire,and TAC to#
selunderthe City Purchase Contract shall not be final until all obligations and I
rgtments(up to the time of the closing of such City Purchase Contract) for the
Gi 'gid TAC to build the Hotel/Conference Center have been fulfilled pursuant to
the terms of the Development Agreement dated November 1,2001 between the City
and TAC. The obligations of TAC,City and COLLEGE under this Infrastructure
Agreement are subject to and conditioned upon the Closing. Should the Closing fail
to take place, then this Agreement shall automatically terminate and be of no force
and effect.
B. Paragraph 3 of the Original Agreement shall be amended and modified to read as
follows:
Malechek/rACRealty/FirstAmend-Infrastructure Page 1
3.1. Land Use Assumptions. The City, COLLEGE, and TAC by their execution
hereof hereby agree that the City's obligations to construct and contract for the
construction of Utilities(as defined in Paragraph 1 of the Original Agreement) and
the Copperfield Extension (as defined in Paragraph 2 of the Original Agreement)
shall no longer be absolutely prefaced on the land use assumptions as set forth in
Exhibit "D" of the Original Agreement, in the event the City or TAC is unable to
construct the Hotel Project or Conference Center Project(as both are defined in the
"Development Agreement" dated November 1, 2001) pursuant to Sections 7.1.11
8.3,8.4.8.5.3 or 18.7 of the Development Agreement. Furthermore, in such event,
as long as TAC constructs or contracts to construct the Office Project (more fully
described in the Development Agreement)the City,COLLEGE,and TAC agree that
the City's obligations pursuant to the Original Agreement,including but not limited
to Paragraphs 1 and 2 of the Original Agreement,shall remain in full force and effect
and TAC may make whatever land use assumption alterations it chooses,as long as
the TAC Property is used for commercial purposes and such assumptions do not
change the costs or design of the Utilities and Copperfield Extension to the City. In
the event TAC does not timely obtain and maintain the consent of the regulating
banking authorities to construct the Office Project or does not otherwise construct the
Office Project(both as more fully described in the Development Agreement between
TAC and the City dated November 1,2001),the City may terminate this Agreement
without any liability to TAC or COLLEGE.
3.2 Provided however COLLEGE shall have the exclusive option to purchase the
entire 55.5014 acre tract for the same purchase price received by COLLEGE from
TAC being TEN THOUSAND DOLLARS AND NO/100($10,000.00)per acre for
a total sum of FIVE HUNDRED FIFTY-FIVE THOUSAND FOURTEEN
DOLLARS AND NO/100 ($555,014.00) and shall have the right to exercise such
option at any time after one or more of the following events should occur:
1.) TAC should fail to construct and complete the Office Project as defined in
Article 6 Section 6.1.1 (c) of the Development Agreement and the City
terminates the Infrastructure Agreement due to TAC's failure to construct and
complete the Office Project; or
2.) should TAC file a Voluntary Petition in bankruptcy or insolvency or for
reorganization or arrangement under the Bankruptcy Code of the United
States.
This exclusive option agreement shall automatically terminate upon the completion
of the Office Project by TAC in accordance with the provisions and conditions of the
Development Agreement. College agrees to execute a waiver and release of the
Option Agreement at that time. Should one of the above events occur, then
Page 2
Malechek/TACRealty/FirstAmend-Infrastructure
COLLEGE its successor or assign may exercise such option by giving written notice
to TAC or to the Property owner. Within thirty (30) days from the date of such
notice to TAC or the Property owner shall convey, execute, and deliver a Special
Warranty Deed and an Owners Title Policy at TAC's expense for the amount of the
purchase price with each of them and the Property being free and clear of any and all
liens,encumbrances,restrictions,covenants,conditions,easement and rights of way,
except easements granted for utilities and roadways and those that existed against conveyed to TAC. COLLEGE shallupon sucht
e
Property at the date the Property was y erty. College aes
delivery pay the purchase price in cash to the owner of Prm favor of any Lenderss
to execute Subordination and Non-disturbance Agreements
of TAC,who places a lien or liens against the Property to secure a loan or loan for
construction funds to develop the Property pursuant to the Development Agreement.
If TAC fails to perform under this Paragraph 3.2 to the First Amendment to the
Infrastructure Agreement, then COLLEGE shall have the right to sue for specific
performance under this Paragraph 3.2 and/or pursue such other remedies as
COLLEGE may have at law or in equity.
These provisions shall be recited in the Special Warranty Deed from COLLEGE to
TAC and shall be covenants running with the land.
3. Ratification. The terms of the Original Agreement are modified and amended
pursuant to the terms of this Agreement and are hereby conformed to be consistent
with the terms and provisions of this Agreement. Except as provided in this
Agreement,the terms of the Original Agreement(including,without limitation, all
Exhibits attached thereto)are hereby confirmed and ratified for all purposes and shall
remain in full force and effect as originally provided.
4. Multiple Counterparts. Multiple copies of this Agreement may be executed by the
parties. Each such executed copy shall have the full force and effect of an original
executed instrument.
[signatures contained on next page] _
Page 3
MalecheWTACRealty/FirstAmend-Infrastructure
EXECUTED to be effective as of the Effective Date shown above.
THE CITY:
THE CITY OF COLLEGE STATION,TEXAS
By: `
Lynn Mdtlhaney, Mayor
ATTEST:
311.\\(\ifV15e9
By:
Connie Hooks,City Secretary
APPROVED:
I,
comas E. Brymer, ' Mana
By: (/
Charles Cryan,Direct of Finance
APPROVED AS TO FORM:
By:
James P. Plummer
•
Page 4
MalecheWrACRealty/FastAmend-Infrastructure
DEVELOPER:
TAC REALTY,INC.,
a Texas corporation
By: W ..-
William C.Atkinson,President
SELLER:
COLLEGE MAIN,LTD.,
a Texas limited partnership
BY: Cambridge Interests,Inc.,
a Texas corporation
B
Y•
Emanuel H. Glockzin,Jr.,Pres' n
Page 5
MalecheirffACRealty/FirstAmend-Infrastructure
EXECUTED to be effective as of the Effective Date shown above.
THE CITY:
THE CITY OF COLLEGE STATION, TEXAS
By:
Lynn Mcllhaney, Mayor
ATTEST:
By:
Connie Hooks, City Secretary
APPROVED:
By:
Thomas E. Brymer, City Manager
By:
Charles Cryan, Director of Finance
APPROVED AS TO FO'. :
By: jairr
es ' COr'mmer
Malechek/TACRealty/FirstAmend-Infrastructure Page 3
EXHIBIT"D"
LAND USE ASSUMPTIONS
197 ACRES (142 ACRES IN PID, 55 ACRES OUTSIDE OF PID)
Hotel - Up to 300 rooms
Conference Ctr - 45,000 net leasable square feet(apprx 65,000 gross s.f.)
Performing Arts Ctr -
Corporate office bldg - 270,000 square feet
Office/swing - 10.59 acres
Office/high dens res - 13.77 acres
Apartments - 8.13 acres
Apartments/swing - 16.00 acres
Office - 11.60 acres
Office/service - 19.88 acres
Office/com swing - 12.66 acres
Commercial - 9.51 acres
Office/sery/com - 5.93 acres
40008859.5 D-1
•
CRESCENT:
CRESCENT POINTE LTD., a Texas limited
partnership (formerly known as College Main
Apartments,Ltd.)
BY: Cambridge Interests, Inc.,
a Texas corporation, its General Partner
BY: —atiaria r/
Emanuel H. Glockzin,Jr., 'si'e
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the day of
11? , 2004 by Ron Silvia, Mayor of THE CITY OF COLLEGE STATION,
a municipal corporation and home-rule city of the State of Texas situated in Brazos County,
Texas, on behalf of said municipal corporation.
-(4C/CEh r WeDZ-eAci
NOTARY P!J PUBLIC NOTARY PUBLIC, STATE OF TEXAS
Kathryn N.Borden Notary's Printed Name:KA-111 VAI n N 130 M El4
A«.0State of Texas Mycommission expires: OC-tO ICAN '?� U0�'
0 My Commission Expires October 20, P
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This m ment was acknowledged before me on this the 17 day of
to 9 t)- h , 2004 by Emanuel H. Glockzin, Jr., President of Cambridge Interests,
Inc,. a Texas corporation and General Partner of CRESCENT POINTE LTD., a Texas limited
partnership (formerly known as College Main Apartments, Ltd.), on behalf of said limited
partnership.
ALLISON LEE SEYMOUR NOTARY PUBLIC, STATE OF TEXAS
- '
* ��„ !* Notary Public.Slate of Texas Notary's Printed Name: A-11 i SQ/1 �.>✓� S�r►'t
/ My Commission Expires My commission expires: Af(I 07
APRIL 1,2007
45529349.5 6
II Crescent F to
14.00 Acre ,act
Richard Carter Survey,A-8
College Station, Brazos County, Texas
Field notes of a 14.00 acre tract or parcel of land,lying and being situated in the
Richard Carter Survey,Abstract No.8,College Station,Brazos County,Texas,and
being part of the 137.1386 acre tract described in the deed from College Main
Apartments,Ltd.,to Crescent Pointe,Ltd.recorded in Volume 5115,Page 10,of the
Official Records of Brazos County,Texas,and being more particularly described as
follows:
BEGINNING at a 1A" iron rod set in the common line between the
beforementioned 137.1386 acre tract and the 57.304 acre tract described in the deed
to Texas A&M University recorded in Volume 1192,Page 376,of the Official Records
of Brazos County,Texas,and located N 46°22'03"W 1069.54 feet from a W iron rod
found at a 6"creosote post fence corner in the northwest right-of-way line of State
Highway No. 30-120 feet right-of-way;
THENCE along the common line between the beforementioned 137.1386 acre
tract and the 57.304 acre tract, adjacent to a fence, as follows:
N 46°22'03"W for a distance of 441.04 feet to a'/" iron rod found
at a 6"creosote post fence corner,
N 01°54'20"E for a distance of 1177.16 feet to a W iron rod set,
a'/Z" iron rod found at a 6"creosote post fence
corner marking an angle point in the west line of
the said 137.1386 acre tract bears N 01°54'20"
E-200.00 feet
•S 88°05'40" E for a distance of 182.24 feet to a'/" iron rod set,
S 40°26'06"E for a distance of 322.23 feet to a 1/" iron rod set,
S 67°22'37"E for a distance of 44.80 feet to a'/" iron rod set in
the west right-of-way line of Crescent Pointe
Parkway-70'right-of-way described as Tract One
in the Dedication Deed from Crescent Pointe,Ltd.
to the City of College Station,Texas,recorded in
Volume 6182,Page 193,of the Official Records of
Brazos County, Texas, same being in a curve
concave to the east having a radius of 535.00 feet.
THENCE along the west right-of-way line of Crescent Pointe Parkway as
follows:
Southerly along said curve for an arc distance of 280.45 feet to a'/"iron
rod set the chord bears S 07°36'19"W-277.25
feet,
S 07°24'44"E for a distance of 191.39 feet to al/2" iron rod set at
the beginning of a curve concave to the northeast,
having a radius of 535.00 feet,
Southeasterly along said curve for an arc distance of 441.95 feet to a'/"
iron rod set at the end of this curve, the chord
bears S 31°04' 39"E-424.49 feet;
THENCE S 43°37'57"W for a distance of 524.79 feet to the PLACE OF
BEGINNING, containing 14.00 acres of land, more or less.
O
�•... s!c; , Surveyed December 2005
4p
e21111:30
��� '2at�3^+r;0 S. M. ing
t� ^�•rst`{� R.P.L.S. No. 2003
Prepared 12/23/05 h •S1P�1 /'i
kes02-05dvdkrescentpdnte-14.00acii'.vip�
KLING ENGINEERING AND SURVEYING
BRYAN.TEXAS
one and the same instrument,regardless of whether or not the signatures of all of the
parties hereto appear on any single counterpart hereof.
14. Construction. Each party to this Agreement has had the opportunity to have this
Agreement reviewed by legal counsel for such party; and the terms of this Agreement
shall be interpreted without the application of any canon or rule of construction
requiring interpretation of an agreement against the party drafting such agreement.
Neither anything contained in this agreement nor any act of any party shall be
deemed or construed by the parties,or either of them,or by any third person,to create
the relationship of principal and agent, partnership or joint venture, or of any
association between or among the parties.
15. Time of the Essence. Time is of the essence in this Agreement.
16. Entirety and Amendments. This Agreement embodies the entire Agreement between
the parties hereto with respect to the subject matter of this Agreement and supersedes
all prior agreements and understandings, if any,relating to the subject matter of this
Agreement. This Agreement may be amended or supplemented only by written
instrument executed after the effective date hereof by the party against whom
enforcement is sought. Notwithstanding any of the foregoing, the parties to this
Agreement acknowledge that the City, TAC and/or COLLEGE have, entered into
certain other agreements regarding matters relating to the City Property, the
COLLEGE Property, and the TAC Property; and this Agreement shall in no way be
deemed to amend,modify or supersede such other agreements, except as specifically
stated herein. Similarly, in no event shall such other agreements entered into
simultaneously with this Agreement be deemed to amend, modify or supersede this
Agreement.
17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
City, COLLEGE and TAC, and their respective successors, legal representatives and
assigns.
18. Authority. By its execution hereof, each party to this Agreement warrants and
represents to the other party hereto that such party has full right,power and authority
to execute and deliver this Agreement and to perform its obligations hereunder, and
that the terms and provisions of this Agreement are enforceable against such party
in accordance with its terms.
•
19. Assignment. This Agreement may not be assigned by any party herein without the
other parties consent which shall not be unreasonably withheld.
20. Zoning Changes. COLLEGE agrees that it will initiate and use its best efforts to
complete the process required to change the zoning on the TAC Property to enable
TAC to construct the anticipated hotel and office building and the City to construct
the anticipated conference center. COLLEGE's obligation to initiate the process will
not begin until the City and TAC submit to COLLEGE all necessary documentation
40008859.5 7
to begin the process and any required fees. The City and TAC shall also provide any
additional documentation and shall reimburse COLLEGE for any expenses it incurs
in processing the zoning changes. COLLEGE's obligation to use its best efforts shall
not require COLLEGE to incur any expense and COLLEGE makes no representation
that it can successfully obtain the required zoning changes.
21. Phase II Priority. In the event only a portion of the Phase II improvements are funded
pursuant to this Agreement, COLLEGE will provide the City with a priority listing
of which portions of the Phase II improvements it wishes to have constructed and the
City shall construct the Phase II improvements in the priority submitted but only to
the extent of available funds as provided under this Agreement.
22. Conditions Precedent. The parties hereto agree that the Closing for • • AC
Prop• - and the sale of the City Property will be completed o t 'e same date
and hereby • end any agreements to the contrary (incl : �g, but not limited
NA/ Vit- to the TAC Purc e Contract and the City Pure : • Contract)to reflect such
simultaneous closing o before December ., 001. The parties further agree
that the City's and TAC's ` • 'ew Pe .: s under the City Purchase Contract
and the TAC Purchase Contrac r ereby extended until the earlier of(a) the
execution of a Developme, • greemen •etween the City and TAC regarding
the anticipated hote oject and conference •ter project or(b)November 24,
2001. The ob '° •tions of TAC, City and COLL s under this Infrastructure
Agree , are subject to and conditioned upon the Clo Should the Closing
f• • o take place, then this Agreement shall automatically • if'nate and be of
no force and effect.
.�m
40008859.5 8
EXHIBIT "A"
CSL or Texas, Inc.
192.64 Acre Tract
Richard Carter Survey, A-8
J. W. Scott Survey, A-48
College Station, Brazos County, Texas
Field notes of a 192.64 acre tract or parcel of land, lying and being situated
in the Richard Carter Survey, Abstract No. 8 and in the J. W. Scott Survey,
Abstract No. 49, Collage Station, B•azos County, Texas, and being all of the
187.64 acre tract described in the deed from Texas Instruments, inc., to CSL of
Texas, Inc., recorded in Volume 2730, Page 82, of the Official Records of Brazos
County, Texas, end all of the called 25.00 acre tract described In the deed from
Bryan Coca-Cola Bottling Co. to CSL of Texas, Inc., recorded in Volume 3055,
Page 216, of the Official Records of Brazos County, Texas, and Raid 192.64 acre. -
tract being more particularly described as follows:
BEGINNING at the K" Iron rod found at an 8" creosote post fence corner
marking the north corner of the beforementioned 25.00 acre tract In the southeast
right-of-way line of Farm to Market Read No. 60, same being the occupied west
corner of the Peters, et all - called 46.19 acre tract as recorded In Volume 223,
Page 112, of the Deed Records of Brazos County, Texas;
THENCE along the common occupied line between the beforementioned
25.00 acre tract \ 167.64 acre tract (lying to the southwest) and the
beforementioned 46.19 acre tract \ 113.67 acre tract (lying to the northeast)
described in the deed to Carrara Partnership recorded in Volume 586, Page 488,
of the Deed Records of Brazos County, Texas, as follows:
S 53° 39' 04" E for a distance of 119.53 feet to a Y: Iron rod set
at en angle point corner, from which a 4" cedar
post bears N 23° 15' 08" E - 1.2 feet, and a 20"
post oak tree fence angle point bears S 51° 15'
46' E- 18.3 feet,
S 46° 08' 49" E for a distance of 162.98 feet to a 27" post oak
tree fence angle point,
S 43°17' 58" E for a distance of 128.28 feet to a K" iron rod set .
for angle point corner, from which a 20" post oak
tree f ance angle point bears N 45° 08' 29" W -
9.0 feet,
S 44° 31' 15" E at a distance of 670.85 feet pass a 14" Iron rod
found marking the east corner of the 25.00 acre
tract, from which a 26" post oak tree fence angle
Point bears N 40° 02' 40" W - 25.5 feet,
continue on for a total distance of 1269.44 feet
to a K" iron rod found at crosstle fence corner
marking the common corner between the 46.19
acre tied and the 113.67 acre tract,
S 44° 69' 40" E for a distance of 1346.44 feet to a Ya" iron rod
found at a 6' cedar post fence corner marking the
east corner of the 167.64 acre tract, same being
in the northwest right-of-way line of State Hwy
No. 30;
THENCE along the northwest right-of-way line of State Hwy No. 30, same
being the southeast line of the beforamentioned 167.84 acre tract, as follows:
S 44° 2V 44" W for a distance of 2387.10 feet to a K" Iron rod
set at the beginning of a curve, concave to the
southeast, having a radius of 2924.79 feet, a
broken concrete right-of-way marker bears S 40°
20' 44" W - 6.7 feet,
KLINO ENQINEE INP AND SURVEYfNQ
.1v .TEXAS
CSL of Texas. Inc.
192.64 Acre Tract
Richard Carter Survey, A-8
J. W. Scott Survey, A-49
College Station, Brazos County. Texas
Continued - Page 2
Southwesterly along sal Curve for an arc length of 450.07 feet to
the a of this curve, the chord bears S 39. 57'
14" - 449.62 feet, a concrete right-of-way
marke bears S 53° 08' 47" W - 0.67 feet and a
14" Jr n rod found bears S 13° 25' 23" W - 0.60
feet,
S 35° 32' 44" W for a (stance of 286.46 feet to a 34" iron rod-
found a 8" creosote post fence corner marking
the a st corner of the called 57.304 acre tract
descri d In the deed recorded in Volume 1192,
Page 376, of the Official Records of Brazos
Coun , Texas, from which a 1" iron pipe found
mark! the south corner of a 250.000 acre tract
recor d In Volume 424, Page 672, of the Deed
Recor a of Brazos County, Texas, bears S 35°
38' 3 " W- 400.21 feat;
THENCE along the common line etween the beforementloned 167.64 acre
tract and the 57.304 acre tract, adjac nt to a fence, as follows:
N 46° 22' 03" W for a istance of 1610.58 feet to a 34" iron rod
found t a 6" creosote post fence angle point,
N 01° 54' 20" E for a (stance of 1377.16 feet to a K" iron rod
found ear a 6" creosote post fence angle point,
N 40° 26' 06" W for a istance of 662.29 feet to a 34" iron rod
found t a 6" Creosote post fence corner marking
the no h corner of the 57.304 acre tract in the
south t right-of-way line of the
before ntloned FM No. 60 and same being in
the w at corner of the beforementloned 167.64
acre tr ct;
THENCE N 44° 15' 21" E along a southeast right-of-way line of FM No.
60, same being the northwest line of t e beforementloned 167.64 acre tract end
the 25.00 acre tract, adjacent to a fe a, for a distance of 2088.58 feet to the
PLACE OF BEGINNING, containing 19 64 acres of land, more or less.
Bearings based on True North, as obta ed by Solar Observation.
rOF '' i Surveyed November 1999
/* \ By:
o "' .. r
.y �r�? S. M. Kling
4,"&s,88%.°.•�-l�r R.P.L.S. No. 2003
Pr awed 11/15/99 •\%/�
t..°°-ose:M.bro..l�i
I �
KUNO ENGINEERING AND$URYEYINp
&mud'2_
EXHIBIT "B"
FIELD NOTES
55.5014 ACRE TRACT
J.W. SCOTT SURVEY, A-49
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Being all that certain tract or parcel of land lying and being situated in the J.W. SCOTT SURVEY,
Abstract No. 49, College Station,Brazos County,Texas and being a portion of the 192.64 acre tract
of land conveyed to College Main Apartments,Ltd.,by CSL of Texas, Inc. by deed dated December
15, 1999 and recorded in Volume 3687, Page 258 of the Official Records of Brazos County, Texas
(O.R.B.C.), and being more particularly described by metes and bounds as follows:
BEGINNING: at a 1/2-inch iron rod at an 8" creosote post fence corner marking the north corner
of the beforementioned 192.64 acre tract, the occupied west corner of the Diane Peters, et al 46.19
acre tract described in Volume 223, Page 111, Brazos County Deed Record (B.C.D.R.) and being
in the southeast right-of-way line of Farm-to-Market Road No. 60 (based on a 120-foot width as
recorded in Volume 405, Page 623 [B.C.D.R]);
THENCE: along an old wire fence marking the common occupied line between the said 192.64 acre
tract and the 46.19 acre tract for the following four(4) calls:
1) S 55°43'00"E for a distance of 119.53 feet to a 32-Inch Post Oak Tree marking an angle
point in the said fence line,
2) S 48° 12'45"E for a distance of 162.98 feet to a 32-Inch Post Oak Tree marking an angle
point in the said fence line,
3) S 45°21'54"E for a distance of 128.28 feet to a 26-inch Post Oak Tree marking an angle
point in the said fence line and
4) S 46° 35' 11" E for a distance of 986.09 feet to a set 1/2-inch iron rod for the most
easterly corner ofthis 55.5014 acre tract,from whence a found 1/2-inch iron rod marking
the south corner ofthe said 46.19 acre tract bears S 46° 35' 11"Eat a distance of 283.31
feet for reference;
THENCE: S 42° 10' 12" W into the interior of the said 192.64 acre tract for a distance of 1762.53
feet to a set 1/2-inch iron rod for corner;
THENCE: 373.73 feet in a clockwise direction along the arc of a curve having a central angle of
07 16' 35", a radius of 2940.00 feet, a tangent of 186.94 feet and a long chord bearing N 44° 13'
23" W at a distance of 373.12 feet to a 1/2-inch iron rod set for the Point of Tangency;
THENCE: N 40° 35' 05" W for a distance of 135.53 feet to a set 1/2-inch iron rod for the Point of
Curvature of a curve to the left;
THENCE: 386.95 feet along the arc of said curve having a central angle of 07° 14'43" , a radius of
3060.00 feet, a tangent of 193.73 feet and a long chord bearing N 440 12' 27" W at a distance of
386.69 feet to a set 1/2-inch iron rod for the Point of Tangency;
THENCE: N 47° 49' 48" W for a distance of 502.65 feet to a set 1/2-inch iron rod for the most
westerly corner of this tract and being in the beforementioned southeast right-of-way line of Farm-to-
Market Road No. 60, from whence a found 1/2-inch iron rod marking the most westerly corner of
the said 192.64 acre tract bears S 42° 10' 12" W at a distance of 382.43 feet for reference;
THENCE:N 42° 10' 12"E along said right-of-way line,at 627.30 feet pass a found concrete right-of-
way marker for reference, at 1526.45 feet pass a found concrete right-of-way marker for reference,
continue for a total distance of 1706.96 feet to the POINT OF BEGINNING and containing 55.5014
acres of land, more or less.
EXHIBIT"G"
Other Improvements by City
ITEM SIZE QTY UNIT$ TOTAL$
SIDES OF STREET
Includes F.M. 60 frontage;does not include Adams addition
Fine grading, grass preparation 238,770 sf $0.03 $7,163.10
Planting:
Trees 45 gallon 116 ea $320.00 $37,120.00
Trees 65 gallon 236 ea $500.00 $118,000.00
Shrubs 5 gallon 87 ea $22.00 $1,914.00
Shrubs 15 gallon 15 ea $90.00 $1,350.00
Groundcover&perennials 1 gallon 4,666 ea $5.50 $25,663.00
Seasonal color 4"pots 1,810 ea $1.75 $3,167.50
Zoysia grass solid sod 26,530 sy $4.00 $106,120.00
Mulch for plant beds 93 cy $30.00 $2,790.00
Sub-Total: $303,287.60
12% Contingency: $36,394.51
SIDES OF STREET TOTAL: $339,682.11
MEDIANS
Fine grading, grass preparation 28,953 sf $0.03 $868.59
Planting:
Trees 65 gallon 70 ea $500.00 $35,000.00
Shrubs 5 gallon 267 ea $22.00 $5,874.00
Groundcover&perennials 1 gallon 1,271 ea $5.50 $6,990.50
Seasonal color 4"pots 585 ea $1.75 $1,023.75
Zoysia grass solid sod 3,217 sy $4.00 $12,868.00
Mulch for plant beds 25 cy $30.00 $750.00
Sub-Total: $63,374.84
12% Contingency: $7,604.98
MEDIANS TOTAL: $70,979.82
PROPERTY BOUNDARY CORNERS
Stone columns w/logo 8' height 3 ea $1,500.00 $4,500.00
Sub-Total: $4,500.00
15% Contingency: $675.00
BOUNDARY CORNERS TOTAL: $5,175.00
LOOP STREET CORNERS
Low stone wall with logo 30"ht. 132 If $180.00 $23,760.00
Concrete paver access to walls _ 108 sf $6.00 $648.00
Sub-Total: $24,408.00
15% Contingency: $3,661.20
LOOP STREET CORNERS TOTAL: $28,069.20
GRAND TOTAL—CITY OF COLLEGE STATION COSTS: $443,906.13
EXHIBIT"E"
List of Additional Other Improvements by CRESCENT
2nd Phase
ITEM SIZE QTY UNIT$ TOTAL$
ENTRY CORNERS—HARDSCAPE
Three entry corners, hardscape only
Signs 3 ea $25,000.00 $75,000.00
Stone walls 3' height 315 If $150.00 $47,250.00
Stone walls 6' height 306 If $325.00 $99,450.00
Stone columns w/logo 8' height 6 ea $1,500.00 $9,000.00
Iron fencing @ entry walls 6' height 108 If $40.00 $4,320.00
Raised stone platform for planters 2.5' height 3 Is $6,500.00 $19,500.00
Decorative lighting—grnd mtd fixtures incl. electrical 6 ea $1,000.00 $6,000.00
Decorative wall-mounted lights 15 ea $350.00 $5,250.00
Sub-Total: $265,770.00
15% Contingency: $39,865.50
ENTRY CORNERS HARDSCAPE TOTAL: $305,635.50
EXHIBIT"G"
Other Improvements by City
ITEM SIZE QTY UNIT$ TOTAL$
SIDES OF STREET
Includes F.M. 60 frontage;does not include Adams addition
Fine grading, grass preparation 238,770 sf $0.03 $7,163.10
Planting:
Trees 45 gallon 116 ea $320.00 $37,120.00
Trees 65 gallon 236 ea $500.00 $118,000.00
Shrubs 5 gallon 87 ea $22.00 $1,914.00
Shrubs 15 gallon 15 ea $90.00 $1,350.00
Groundcover& perennials 1 gallon 4,666 ea $5.50 $25,663.00
Seasonal color 4"pots 1,810 ea $1.75 $3,167.50
Zoysia grass solid sod 26,530 sy $4.00 $106,120.00
Mulch for plant beds 93 cy $30.00 $2,790.00
Sub-Total: $303,287.60
12% Contingency: $36,394.51
SIDES OF STREET TOTAL: $339,682.11
MEDIANS
Fine grading, grass preparation 28,953 sf $0.03 $868.59
Planting:
Trees 65 gallon 70 ea $500.00 $35,000.00
Shrubs 5 gallon 267 ea $22.00 $5,874.00
Groundcover&perennials 1 gallon 1,271 ea $5.50 $6,990.50
Seasonal color 4" pots 585 ea $1.75 $1,023.75
Zoysia grass solid sod 3,217 sy $4.00 $12,868.00
Mulch for plant beds 25 cy $30.00 $750.00
Sub-Total: $63,374.84
12% Contingency: $7,604.98
MEDIANS TOTAL: $70,979.82
PROPERTY BOUNDARY CORNERS
Stone columns w/logo 8' height 3 ea $1,500.00 $4,500.00
Sub-Total: $4,500.00
15% Contingency: $675.00
BOUNDARY CORNERS TOTAL: $5,175.00
LOOP STREET CORNERS
Low stone wall with logo 30" ht. 132 If $180.00 $23,760.00
Concrete paver access to walls 108 sf $6.00 $648.00
Sub-Total: $24,408.00
15% Contingency: $3,661.20
LOOP STREET CORNERS TOTAL: $28,069.20
GRAND TOTAL—CITY OF COLLEGE STATION COSTS: $443,906.13
EXHIBIT"D"
List of Other Improvements by CRESCENT
1st Phase—Other Improvements
ITEM SIZE QTY UNIT $ TOTAL$
James Carroll Kell $18,469.65
Design Fee
Insurance $6,625.00
Engineering $6,115.00
All Irrigation
SIDES OF STREET
Includes F.M. 60 frontage;does not include Adams addition
Irrigation
Grass 238,770 sf $0.20 $47,754.00
Plant Beds 14,682 sf $0.60 $8,809.20
Sub-Total: $56,563.20
12% Contingency: $6,787.58
SIDES OF STREET TOTAL: $63,350.33
MEDIANS
Irrigation
Grass 28,953 sf $0.45 $13,028.85
Plant Beds 3,774 sf $0.60 $2,264.40
Sub-Total: $15,293.25
12% Contingency: $1,835.19
MEDIANS TOTAL: $17,128.44
Insurance $5,387.00
Install
2" Gas Line as per TXU $72,085.58
Insurance $5,203.50
Total $194,364.50
EXHIBIT "D"
List of Other Improvements by CRESCENT
1st Phase—Other Improvements
ITEM SIZE QTY UNIT$ TOTAL$
James Carroll Kell $18,469.65
Design Fee
Insurance $6,625.00
Engineering $6,115.00
All Irrigation
SIDES OF STREET
Includes F.M. 60 frontage;does not include Adams addition
Irrigation
Grass 238,770 sf $0.20 $47,754.00
Plant Beds 14,682 sf $0.60 $8,809.20
Sub-Total: $56,563.20
12% Contingency: $6,787.58
SIDES OF STREET TOTAL: $63,350.33
MEDIANS
Irrigation
Grass 28,953 sf $0.45 $13,028.85
Plant Beds 3,774 sf $0.60 $2,264.40
Sub-Total: $15,293.25
12% Contingency: $1,835.19
MEDIANS TOTAL: $17,128.44
Insurance $5,387.00
Install
2" Gas Line as per TXU $72,085.58
Insurance $5,203.50
Total $194,364.50
EXHIBIT"D"
List of Other Improvements by CRESCENT
1st Phase—Other Improvements
ITEM SIZE QTY UNIT$ TOTAL$
James Carroll Kell $18,469.65
Design Fee
Insurance $6,625.00
Engineering $6,115.00
All Irrigation
SIDES OF STREET
Includes F.M. 60 frontage;does not include Adams addition
Irrigation
Grass 238,770 sf $0.20 $47,754.00
Plant Beds 14,682 sf $0.60 $8,809.20
Sub-Total: $56,563.20
12% Contingency: $6,787.58
SIDES OF STREET TOTAL: $63,350.33
MEDIANS
Irrigation
Grass 28,953 sf $0.45 $13,028.85
Plant Beds 3,774 sf $0.60 $2,264.40
Sub-Total: $15,293.25
12% Contingency: $1,835.19
MEDIANS TOTAL: $17,128.44
Insurance $5,387.00
Install
2"Gas Line as per TXU $72,085.58
Insurance $5,203.50
Total $194,364.50
EXHIBIT"E"
List of Additional Other Improvements by CRESCENT
2nd Phase
ITEM SIZE QTY UNIT$ TOTAL$
ENTRY CORNERS—HARDSCAPE
Three entry corners, hardscape only
Signs 3 ea $25,000.00 $75,000.00
Stone walls 3'height 315 If $150.00 $47,250.00
Stone walls 6'height 306 If $325.00 $99,450.00
Stone columns w/logo 8'height 6 ea $1,500.00 $9,000.00
Iron fencing @ entry walls 6'height 108 If $40.00 $4,320.00
Raised stone platform for planters 2.5' height 3 Is $6,500.00 $19,500.00
Decorative lighting—grnd mtd fixtures incl. electrical 6 ea $1,000.00 $6,000.00
Decorative wall-mounted lights 15 ea $350.00 $5,250.00
Sub-Total: $265,770.00
15%Contingency: $39,865.50
ENTRY CORNERS HARDSCAPE TOTAL: $305,635.50