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HomeMy WebLinkAbout14-283FO.R OFFICE USE ONLY 3 CASE NO.. '~ • ~ 4 CITY OF C OLLEGE STATION Home o/Texas A&M University" DATE SUBMITTED: I ·=I TIME: ~ '. Q\) STAFF:()?.. FINAL PLAT APPLICATION (Check one) D Minor ($700) D Amending ($700) [g] Final ($932) D Vacating ($932) 0Replat ($932) Is this plat in the ET J? D Yes D No Is this plat Commercial 0 or Residential 0 MINIMUM SUBMITTAL REQUIREMENTS: [g] $700-$932 Final Plat Application Fee (see above). D $233 Waiver Request to Subdivision Regulations Fee (if applicable). [g] $600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee. Fee is 1 % of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance is due prior to the issuance of any plans or development permit). [g] Application completed in full . This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. [g] Fourteen (14) folded copies of plat. (A signed mylar original must be submitted after approval.) [g] Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report. [g] Two (2) copies of the Public infrastructure plans and supporting documents (if applicable). D Copy of original deed restrictions/covenants for replats (if applicable). [g] Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. [g] Paid tax certificates from City of College Station, Brazos County and College Station l.S.D. [g] The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not. NOTE: A mylar of the approved preliminary plan must be on file before a final plat application will be considered complete. If the mylar is submitted with the final plat application, it shall be considered a submittal for the preliminary plan project and processed and reviewed as such. Until the mylar has been confirmed by staff to be correct, the final plat application will be considered incomplete. Date of Optional Preapplication or Stormwater Management Conference NAME OF PROJECT Barron Crossing ----------------------------------~ ADDRESS SPECIFIED LOCATION OF PROPOSED PLAT: The project is located between William D. Fitch Parkway and Barron Cut-off Road. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name BCS Development Co. E-mail rfrench@stylecraftbuilders.com Street Address 4090 State Highway 6 South City College Station State Texas Zip Code 77845 ------ Phone Number 979-690-1222 Fax Number 979-690-0348 ----------------- 1/11 Page 1 of 9 PROPERTY OWNER'S INFO owners): (All owners must be identified. Please attach an additional sheet for multiple Name BCS Development Co. E-mail rfrench@stylecraftbuilders.com Street Address 4090 State Highway 6 South City College Station State Texas Zip Code 77845 ------- Phone Number 979-690-1222 Fax Number 979-690-0348 -----------------~ ARCHITECT OR ENGINEER'S INFORMATION: Name J. Dale Browne, Jr., P.E. I McClure & Browne Engr./Surv., Inc. E-mail daleb@mcclurebrowne.com Street Address 1008 Woodcreek Drive, Suite 103 City College Station State Texas Zip Code 77845 ------- Phone Number 979-693-3838 Fax Number 979-693-2554 ------------------ Do any deed restrictions or covenants exist for this property? D Yes [8J No Is there a temporary blanket easement on this property? If so, please provide the Volume ____ and Page No. __ _ Total Acreage _1_3_.4_0_4 _______ _ Total No. of Lots 79 ------R-0-W Acreage _2_. 9'-4-'5 _____ _ Existing Use _u_n_d_e_v_el_o_p_e_d __________ _ Proposed Use Single Family Residential -Commercial Number of Lots By Zoning District 79 POD Average Acreage Of Each Residential Lot By Zoning District: 0.067 I POD Floodplain Acreage None ------------------------------------~ Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? I Yes fX No This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? I Yes fX No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (if known): Date I Timeframe when submitted: 1/11 Page 2 of 9 A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable): None. Requested waiver to subdivision regulations and reason for same (if applicable): Regarding the waiver request, explain how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. 2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. 3. The granting of the waiver will not be detrimental to the public health, safety, or welfare, or inj urious to other property in the area, or to the City in administering subdivision regulations. 4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance. Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. I An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; 2. I The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan; 3. I A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months; 4. I Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context; 5. I When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and Greenways Master Plan; 1/11 Page 3 of 9 I 6. I The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO; or 7. I The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6 , Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan. Detailed explanation of condition identified above: NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission. Requested Oversize Participation _______________________________ _ Total Linear Footage of Proposed Public: 1420 Streets 2456 Sidewalks 2595 Sanitary Sewer Lines 1729 Water Lines 193 Channels 1486 Storm Sewers 0 Bike Lanes I Paths Parkland Dedication due prior to filing the Final Plat: ACREAGE: 0 No. of acres to be dedicated + $ development fee ---- __ o __ No. of acres in floodplain 0 No. of acres in detention --- 0 No. of acres in greenways --- OR FEE IN LIEU OF LAND: 78 No. of SF Dwelling Units X $ 1261 = $ 98,350.00 (date) Approved by Parks & Recreation Advisory Board ---- NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPL/CAT/ON IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above. Date 1/11 Page 4 of 9 CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT Owner Certification: 1. No work of any kind may start until a permit is issued. 2. The permit may be revoked if any false statements are made herein. 3. If revoked, all work must cease until permit is re-issued. 4. Development shall not be used or occupied until a Certificate of Occupancy is issued. 5. The permit will expire if no significant work is progressing within 24 months of issuance. 6. Other permits may be required to fulfill local, state, and federal requ irements. Owner will obtain or show compliance with all necessary State and Federal Permits prior to construction including NOi and SWPPP. 7. If required, Elevation Certificates will be provided with elevations certified during construction (forms at slab pre- pour) and post construction. 8. Owner hereby gives consent to City representatives to make reasonable inspections required to verify compliance. 9. If, stormwater mitigation is required, including detention ponds proposed as part of this project, it shall be designed and constructed first in the construction sequence of the project. 10. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city streets, or existing drainage facilities. All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the City of College Station shall apply. 11. The information and conclusions contained in the attached plans and supporting documents will comply with the current requirements of the City of College Station , Texas City Code, Chapter 13 and associated BCS Unified Design Guidelines Technical Specifications, and Standard Details. All development has been designed in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regulations. 12. Release of plans to /Jlc.CLog.g i j3g:..f)l,,J/J£ (name or firm ) is authorized for bidding purposes only. I understand that final approval and release of plans and development for construction is contingent on contractor signature on approved Development Permit. 13. I, THE OWNER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN , AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND ACCURA~~ ~ ~-P -~-l~t\~~~l\~20~\_+~~~~~ Pro ~f(S) Date Engineer Certification: 1/1 1 1. The project has been designed to ensure that stormwater mitigation, including detention ponds, proposed as part of the project will be constructed first in the construction sequence. 2. I will obtain or can show compliance with all necessary Local, State and Federal Permits prior to construction including NOi and SWPPP. Design will not preclude compliance with TPDES: i.e., projects over 10 acres may require a sedimentation basin. 3. The information and conclusions contained in the attached plans and supporting documents comply with the current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Un ified Design Gu idelines. All development has been designed in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regulations. 4. I, THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND ACCU~:· lo ;:LA /? -/ ~ Da;.!f2!/f4- Page 5 of 9 Existing [8] 1 /11 FINAL PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) [8] Drawn on 24" x 36" sheet to scale of 100' per inch. [8] Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale required but include north arrow. [8] Title Block with the following information: [8] Name and address of subdivider, recorded owner, planner, engineer and surveyor. [8] Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos County 911 .) [8] Date of preparation. [8] Engineer's scale in feet. [8] Total area intended to be developed. [8] North Arrow. [8] Subdivision boundary indicated by heavy lines. [8] If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. [8] All applicable certifications based on the type of final plat. [8] Ownership and Dedication [8] Surveyor and/or Engineer [8] City Engineer (and City Planner, if a minor plat) [8] Planning and Zoning Commission (delete if minor plat) [8] Brazos County Clerk [8] Brazos County Commissioners Court Approval (ET J Plats only) [8] If submitting a replat where there are existing improvements, submit a survey of the subject property showing the improvements to ensure that no encroachments will be created. [8] If using private septic systems, add a general note on the plat that no private sewage facility may be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Un it under the provisions of the private facility regulations adopted by the Commissioner's Court of Brazos County, pursuant to the provisions of Section 21 .084 of the Texas Water Code. [8] Location of the 100-Year Floodplain and floodway, if applicable, according to the most recent available data. [8] Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data. [8] Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3.E.2). [8] The location and description with accurate dimensions, bearings or deflection angles and radii, area , center angle, degree of curvature , tangent distance and length of all curves for all of the following : (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision). Proposed [8] Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp turn around unless they are shorter than 100 feet. Public and private R.O.W. locations and widths. (All existing and proposed R.O.W.'s sufficient to meet Thoroughfare Plan.) Street offsets and/or intersection angles meet ordinance. Page 8 of 9 Existing D D D D Proposed D [8J [8J [8J Alleys. Easements. A number or letter to identify each lot or site and each block (numbered sequentially). Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration. [8J Construction documents for all public infrastructure drawn on 24" x 36" sheets and properly sealed by a Licensed Texas Professional Engineer that include the following: [8J Street, alley and sidewalk plans, profiles and sections. One sheet must show the overall street, alley and/or sidewalk layout of the subdivision. (may be combined with other utilities). [8J Sewer Design Report. [8J Sanitary sewer plan and profile showing depth and grades. One sheet must show the overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) [8J Water Design Report and/or Fire Flow Report. [8J Water line plan showing fire hydrants, valves, etc. with plan and profile lines showing depth and grades. One sheet must show the overall water layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) [_8J Storm drainage system plan with contours, street profile, inlets, storm sewer and drainage channels, with profiles and sections. Drainage and runoff areas, and runoff based on 5, 10, 25, 50 and 100 year rain intensity. Detailed drainage structure design, channel lining design & detention if used. One sheet must show the overall drainage layout of the subdivision. 0 Detailed cost estimates for all public infrastructu re listed above sealed by Texas P.E. 0 Letter of completion for public infrastructure or guarantee I surety in accordance with UDO Section 8.6. [8J Drainage Report with a Technical Design Summary. [_8J Erosion Control Plan (must be included in construction plans). [8J All off-site easements necessary for infrastructure construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be provided in recordable form to the City prior to being scheduled for P&Z Commission consideration. [8J Are there impact fees associated with this development? [8J Yes 0 No Impact fees must be paid prior to building permit. [8J Will any construction occur in TxDOT rights-of-way? [8J Yes 0 No If yes , TxDOT permit must be submitted along with the construction documents. NOTE: 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing 1/11 the plat at the Courthouse. 2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOi) must be submitted prior to issuance of a development permit. Print Form Page 9 or 9 Aggieland Title Company SUBSEQUENT TO CERTIFICATE GF# 28265 PROPERTY DESCRIPTION: All of that 75.07 acre tract or parcel of land, lying and being situated in the ROBERT STEVENSON SURVEY, ABSTRACT No. 54, College Station , Brazos County, Texas, and being part of the called 154 acre (net) tract describe in the deed from Florence A. Brown to Beverly J. Furrer, Patricia J. Vogel and Thomas L. Brown, Jr., as recorded in Volume 854, page 57, Official Records of Brazos County, Texas, and being also described as 158 acres in the deed from D. Brooks Cofer, Jr. and Don Dillon to Wayne A. Dunlap and Thomas L. Brown, recorded in Volume 283, page 382, Deed Records of Brazos County, Texas, said 75.07 acre tract being more particularly described as follows: COMMENCING at the centerline intersection of the existing pavement of Barron Road and Barron Cutoff Road, same being the supposed west comer of the beforementioned 158 acre tract; THENCE S 46° 01' 20" E along the centerline of the existing pavement of Barron Cutoff Road, same being the supposed southwest line of the beforementioned 158 acre tract for a distance of 360.56 feet to the PLACE OF BEGINNING of this description; · THENCE N 44 ° 08' 27" E through the interior of the beforementioned 158 acre tract, at a distance of 24.4 feet, pass a 6" creosote post fence corner in the northeast line of Barron Cutoff Road marking the south corner of a 4.00 acre tract (cut out of the 158 acre tract) as described in Volume 1577, Page 136, of the Official Records of Brazos County, Texas, continue on along the southeast line of said 4.00 acre tract, adjacent to a fence, for a total distance of 369. 78 feet to a 1/2" iron rod found (2ith cap) in the southwest right of way line of State Highway No. 40, from _which a 1/2" iron found at a. 4" creosote post fence corner marking the east corner (now out in Highway 40) of the 4.00 acre tract bears N 44° 08' 27" E -173.70 feet; 3740 Copperfiel.d Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731-8400 • FAX (979) 731-8408 THENCE along the southwest and southerly right of way line of State Highway No. 40 (as described in the deed to the State of Texas as recorded in Volume 5884, Page 13, of the Official Records of Brazos County, Texas), as follows: S 49° 18' 34" E disc found, S 51 ° 10' 08" E disc found, S 53° 31' 38" E disc found, S 57° 40' 09" E disc found, S 61 ° 07' 14" E disc found, S 65° 57' 10" E disc found , S 72° 21' 21" E disc found, S 76° 14' 58" E disc found, S 80° 20' 11" E disc found, S 85° 33' 51" E disc found, S 87° 43' 46" E disc found, S 88° 57' 55" E disc found , S 89° 16' 51" E disc found , for a distance of 11 .98 feet to a concrete monument with brass for a distance of 134.68 feet to a concrete monument with brass for a distance of 213.41 feet to a concrete monument with brass for a distance of 213.41 feet to a concrete monument with brass for a distance of 142.29 feet to a concrete monument with brass for a distance of 355.54 feet to a concrete monument with brass for a distance of 213.31 feet to a concrete monument with brass for a distance. of 142. 09 feet to a concrete monument with brass for a distance of 141 .96 feet to a concrete monument with brass for a distance of 212.50 feet to a concrete monument with brass for a distance of 351.65 feet tci a concrete monument with brass for a distance of 269.72 feet to a concrete monument with brass for a distance of 131.40 feet to a concrete monument with brass N 88° 15' 57" E for a distance of 682.82 feet to the northeast line of the beforementioned 158 acre tract, from which a 1/2" iron rod found (with cap) bears N 88° 15' 57" E -0. 50 feet; THENCE S 46° 02' 08" E along the northeast line of the beforementioned 158 acre tract, same being the southwest line of the 217.5 acre tract as recorded in Volume 2597, Page 186, of the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 397.32 feet to a crosstie fence corner marking the east corner of the 158 acre tract, same being the south corner of the 217. 5 acre tract and same being in the northwest line of the called 316.0221 acre tract as recorded ln Volume 3905, Page 55 of the Official Record.s of Brazos County, Texas. 3740 Copperfield Drive, Suite 101 •Bryan, Texas 77802 PO. Box4233 •Bryan, Texas 77805 · Phon.e (979) 731-8400 • FAX (979) 731-8408 THENCE S 44 ° 46' 50" W along the southeast line of the beforementioned 158 acre tract, same being the northwest line of the beforementioned 316.0221 acre tract, adjacent to a fence, for a distance of 2025.47 feet to a 1/2' iron rod found at a 4" creosote post fence corner marking the occupied south corner of the 158 acre tract, same being the west corner of the 316.0221 acre tract and same being in the northeast line of the called 303 .97 acre (202.65 acre net) tract described in Volume 4027, Page 29, of the Official Records of Brazos County, Texas, from which a 4" creosote post fence corner bears N 44° 20' 14" E -24.2 feet; THENCE N 45° 56' 40" W along the common, occupied line between the beforementioned 148 acre tract and the beforementioned 303.97 acre tract, adjacent to a fence and nearly parallel with and approximately 24 feet southwest of another fence line, for a distance of 641 .67 feet to a 1/2" iron rod found at a crosstie fence corner marking the north corner of the 303.97 acre tract in the southeast line of the Baker Estate -called 29.405 acre tract as recorded in Volume 2488, Page 64 of the Official Records of Brazos County, Texas, and Volume 223, Page 147 of the Deed Records of Brazos County, Texas; THENCE N 42° 16' 05" E along the southeast line of the beforementioned 29.405 acre tract, adjacent to a fence, for a distance of 23.02 feet to a crosstie fence corner marking the occupied east corner of the 29.405 acre tract; THENCE along the occupied southwest line of the beforementioned 158 acre tract, same being the northeast line of the beforementioned 29.405 acre tract and the northeast line of a 46.5' wide access strip (leading from Barron Cutoff Road to the 29.405 acre tract), adjacent to a fence, as follows: N 46° 06' 50" W for a distance of 811.64 feet to a 4" creosote post fence corner marking the occupied north corner of the 29.405 acre tract, same being the occupied east corner of the 48.5' access strip, N 45° 49' 16" W for a distance of 498.35 to a 2" cedar post fence angle point, N 44 ° 29' 45" W for a distance of 415.43 to a 3" creosote post fence corner in the southeast line of Barron Cutoff Road marking the occupied north corner of the said access strip; THENCE N 46° 01' 20" W continuing along there-constructed southwest line of the beforementioned 158 acre tract, along the centerline of the existing pavement of Barron Cutoff Road (and it's southward projection) for a distance of 668.21 feet to the PLACE OF BEGINNING, containing 75.07 acres of land, more or less, of which 0.41 acre lies within Barron Cutoff Road. SAVE AND EXCEPT: 14.930 acres of land being out of that certain tract or parcel of land, lying and being situated in the ROBERTSON STEVENSON SURVEY, Abstract No. 54, College Station, Brazos County, Texas and being same property described in General Warranty Deed from BCS Development Company to College Station Independent School District recorded in Volume 11873, Page 269 of the Official Public Records of Brazos County, Texas. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area of land is not a representation that such area or quantity is correct, but made only for informational and/or Identification~~{)~ifeV}VJ"W~~.2JIP.~5q~edule B hereof. P.O. Box4233 •Bryan, Texas 77805 · Phone (979) 731-8400 •FAX (979) 731-8408 RECORD TITLE APPEARS TO BE VESTED IN: BCS Development Company THE STATE OF TEXAS )( COUNTY OF BRAZOS )( We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined the records in the Office of the County Clerk of Brazos County, Texas, and find nothing ofrecord affecting title to the above captioned lands subsequent to: June 2, 2014 EXCEPT the following: l. Release of Lien dated August 20, 2014 from The Bank & Trust of Bryan/College Station to BCS Development Company in instrument recorded in Volume 12273, Page 178 of the Official Public Records of Brazos County, Texas. We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of record against the above captioned property owner as follows: NONE FOUND 3740 Copper.field Drive, Suite 101 •Bryan, Texas 77802 · P.O. Box 4233 • Bryan, Texas 77805 Phone (979) 731-8400 • FAX (979) 731-8408 This certificate is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the lands under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this certificate by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. RECORDS searched to the 27th October 2014 at 7 o'clock a.m. AGGIELAND TITLE COMP ANY 3740 Copperfield Drive, Suite 101 •Bryan, Texas 77802 · P.O. Box4233 •Bryan, Texas 77805 Phone (979) 731-8400 •FAX (979) 731-8408 COMMITMENT FOR TITLE INSURANCE Issued By Old Republic National Title Insurance Company SCHEDULE A Effective Date: November 11, 2013, 07:00 am Commitment No.---------~ issued November 18, 2013, 11:45 ~m 1. The policy or policies to be issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSuRANCE -ONE-TO-FOUR FAMILY RESIDENCES (Form T-IR) Policy A.mount: PROPOSED INSURED: (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy A.mount: $1,441,200.00 GFNo. 28265 PROPOSED INSURED: The Bank & Trust of Bryan/College Station, and each successor in ownership of the indebtedness secured by the insured mortgage, except a successor who is an obligor under the pTovisions of Section 12 ( ~) of the Conditions and Stipulations. Proposed Borrower: BCS Development Company (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: · PROPOSED INSURED: Proposed Borrower: (e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: (f) OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: · BCS Development Company 4. Legal description of the land: All of that 75.07 acre tract or parcel of land, lying and being situated in the ROBERT STEVENSON SURVEY, ABSTRACT No. 54, College Station, Brazos County, Texas, and bein'g part of the called 154 acre (net) tract describe in the deed from Florence A. Brown to Beverly J. Furrer, Patricia J. Vogel and Tho.mas L. Brown, Jr., as recorded in Volume 854, page 57, Official Records of Brazos County, Texas, an~ being also described as 158 acres in the deed from D. Brooks Cofer, Jr. and Don Dillon to Wayne A. Dunlap and 'J!homas L. Brown, recorded in Volume 283, page 382, Deed Records of Brazos County, Texas, said 75.07 acre tract be~ more particularly described as follows: COMMENCING at the centerline intersection of the existing pavement of Barron Road and Barron Cutoff Road, same being the supposed west corner of the beforementioned 158 acre tract; THENCE S 46° 01' 20" E along the centerline of the existing pavement of Barron Cutoff Road, same being the supposed southwest line of the beforementioned 158 acre tract for a distance of 360.56 feet to the PLACE OF I BEGINNING of this description; FORM: T-7: Commitment for Title Insurance Page 1 Continuation of Schedule A GFNo. 28265 THENCE N 44° 08' 27" E through the interior of the beforementioned 158 acre tract, at a distance of 24.4 feet, pass a 6" creosote post fence corner in the northeast line of Batron Cutoff Road marking the south corner of a 4.00 acre tract (cut out of the 158 acre tract) as described in Volume J577, Page 136, of the Official Records of Brazos County, Texas, continue on along the southeast line of said 4.00 acre tract, adjacent to a fence, for a total distance of 369.78 feet to a 1/2" iron rod found (2ith cap) in the sou~hwest right bf way line of State Highway No. 40, from which a 112" iron found at a 4" creosote post fence corner marking the east1corner (now out in Highway 40) of the 4.00 acre tract bears N 44° 08' 27" E -173. 70 feet; THENCE along the southwest and southerly right of way l~e of State Highway No. 40 (as described in the deed to the State of Texas as recorded in Volume 5884; Page 13, of tqe Official Records of Brazos County, Texas), as follows: S 49° 18' 34" E for a distance of 11.98 feet to a concrete monument with brass disc found, S 51° 10' 08" E for a distance of 134.68 feet to a con~rete monument with brass disc found, I S 53° 31' 38" E for a distance of 213.41 feet to a concrete monument with brass disc found, S 57° 40 ' 09" E for a distance of213.41 feet to a concrete monument with brass disc found, S 61° 07' 14" E for a distance of 142.29 feet to a concrete monument with brass disc found, S 65° 57' 10" E for a distance of 355.54 feet to a concrete monument with brass disc found, S 72° 21' 21" E for a distance of213.31 feet to a concrete monument with brass disc found, S 76° 14' 58" E for a distance of142.09 feet to a concrete monument with brass disc found, S 80° 20' 11" E for a distance of141.96 feet to a concrete monument with brass disc found, S 85° 33' 51" E for a distance of212.50 feet to a concrete monument with brass disc found, S 87° 43' 46" E for a distance of351.65 feet to a concrete monument with brass disc found, S 88° 57' 55" E for a distance of269.72 feet to a concrete monument with brass disc found, S 89°16' 51" E for a. distance of 131.40 feet to a con~rete monument with brass disc found, N 88° 15' 57" E . for a distance of 682.82 feet to the ,northeast line of the beforementioned 158 acre tract, from which a 1/2" iron rod_ found (with cap) bears N 88° 15' 57" E -0.50 feet; THENCE S 46° 02' 08" E along the northeast line of the tieforementioned 158 acre tract, same being the southwest line of the 217.5 acre tract as recorded in Volume 2597, Page 186, of the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 397.32 feet to a crosstie fence corner marking the east corner of the 158 acre tract, same being the south corner of the 217.5 acre tract and· same being in the northwest line of the called 316.0221 acre tract as recorded in Volume 3905, Page 55 of the Official Records of Brazos County, Texas. THENCE S 44° 46' 50" W along the southeast line of the beforementioned 158 acre tract, same being the · northwest line of the beforementioned 316.0221 acre tract, adjacent t.o a fence, for a distance of 2025.47 feet to a 112' iron rod found at a 4" creosote ·post fence corner marking the occupi~d south corner of the 158 acre tract, same being the west corner of the 316.0221 acre tract and same being in tlie ~or~east line of the called 303.97 acre (202.65 acre net) tract de5cribed in Volume 4027, Page 29, of the Official Reco*ds of Brazos County, Texas, from which a 4" creosote post fence corner bears N 44° 20' 14" E -24.2 feet; THENCE N 45° 56' 40" W along the common, occupied line between the beforementioned 148 acre tract and the beforementioned 303.97 acre tract, adjacent to a fence and n~arly parallel with and approximately 24 feet FORM T-7: Commitment for Title Insurance Page 2 Continuation of Schedule A GFNo.28265 southwest of another fence line, for a distance of 641.67 feet to a 1/2" iron rod found at a crosstie fence corner marking the north corner of the 303.97 acre tract in the southeast line of the Baker Estate -called 29.405 acre tract as recorded in Volume 2488, Page 64 of the Officiai Records of Brazos County, Texas, and Volume 223, Page 147 of the Deed Records of Brazos County, Texas; ' THENCE N 42° 16' 05" E along the southeast line of the beforementioned 29.405 acre tract, adjacent to a fence, for a distance of 23.02 feet to a crosstie fence corner marking th~ occupied east corner of the 29.405 acre tract; THENCE along the occupied southwest line of the beforementioned 158 acre tract, same being the northeast line of the beforementioned 29.405 acre tract .and the northeast line of a 46.5' wide access strip (leading from Barron Cutoff Road to the 29.405 acre tract), adjacent to a fence, as follows: ' N 46° 06' 50" W for a distance of 811.64 feet to a 4" creosote post fence corner marking the occupied north corner of the 29.405 acre tract, same being the occupied east corner of the 48.5' access strip, N 45° 49' 16" W for a distance of 498.35 to a 2" ceda~ post fence angle point, N 44° 29' 45" W for a distance of 415.43 to a 3" creosote post fence corner in the southeast line of Barron Cutoff Road marking the occupied north corner ' of the said access strip; THENCE N 46° 01' 20" W continuing along there-constructed southyvest line of the beforementioned 158 acre tract, along the centerline of the existing pavement of Barron Cutoff Road (and it's southward projection) for a distance of 668.21 feet to the PLACE OF BEGINNING, containing 75.07 acres; of land, more or less, of which 0.41 acre lies within Barron Cutoff Road. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area of land is not a representation that such area or quantity is correct, but made only for informational and/or Identification purposes and does nor override Item No. 2 Schedule B hereof. FORM T-7: Commitment for Title Insurance Page 3 COMMITMENT FOR TITLE INsviANcE Issued By Old Republic National Title Insurance Company SCHEDULEB EXCEPTIONS FROM COVERAGE I In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from: I 1. The follovri.Bg restrictive CO't'enants of record itemized below (We ml:lst , either insert specific recordiag data or delete this mrneption): 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company has approved the current land title survey and upon request, and payment of any promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. I ~. Homestead or community property or survivorship rights, if any, of any[ spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established pr changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2012, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and paya~le subsequent to Date of Policy" in lieu of "for the year __ and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead. of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. -Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) FOR.t'\i T-7: Commitment for Title Insurance Page4 Continuation of Schedule B GFNo. 28265 9. The Exceptions from Coverage _and Express Insurance in Schedule B tjf the Texas Short Form Residentiil Loan Policy (T-2R). (Applies to Texas Short Form Residential Loan Policy (T-2.RJ~ only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy (T-2R). I 10. The following matters and all terms of the documents creating or offering levidence of the matters (We must insert matters or delete this exception.): I a. b. c. d. e. f. g. h. i. j. k. L Any easement that may affect the property, such as roadway~, sewer, telephone, water and/or telephone and electrical lines. ~ I Any portion of subject property lying within the boundahes of a public or private roadway whether dedicated or not, including a 0.41 acre portion of land lying in the Barron Cut-Off Road right-of-way, as shown on a survey made under the supervision of S. M. Klingj RP.L.S. No. 2003, dated June, 2003. This policy does not cover any claim or rights in and to anJ portion of subject property lying between the fence and the property line on the upper and lower southw~terly portions of the tract as shown on survey dated June, 2003 prepared by S. M. Kling, RP.L.S. No. 2003.1 Abandoned well pad in the westerly portion of the tract, a~ shown and noted on survey dated June, 2003 prepared by S. M. Kling, R.P.L.S. No. 2003. I ! Easement for pipe lines as shown in instrument from W. S. B~rron and Verna F. Barron to Sinclair Refining Company, dated October 6, 1947 and recorded in Volume f32, page 123, Deed Records of Brazos County, Tua I Easement for water pipe lines as shown in instrument fro£¥ Wayne A. Dunlap and Thomas L. Brown to Wellborn Water Supply Corporation, dated January 12, 197:f and recorded in Volume 303, page 296, Deed Records of Brazos County, Texas. I I Easement for electric transmission as shown in instrument frrm Wayne A. Dunlap and Thomas L. Brown to City of Bryan, Texas, dated February 19, 1976 and recorded in Volume 350, page 130, Deed Records of I Brazos County, Texas. I : I Easement for electric transmission as shown in instrument frpm Wayne A. Dunlap and Thomas L. Brown to City of Bryan, Texas, dated March 31, 1981 and recorded iii Volume 479, page 267, Deed Records of Brazos County, Texas. ! I Easement for pipe lines as shown in instrument from WaynelA. Dunlap and Thomas L. Brown to Producers Gas Company, dated July 27, 1981 and recorded in Volum~ 534, page 88, Deed Records of Brazos County, Texas and partially released in instrument dated January 16,j2013 and recorded in Volume 11138, page 38 of the Official Public Records of Brazos County, Texas. J Assignment from Lear Petroleum Corporation, BP Gas T*ansmission Company, and BP Gas Gathering Company to Hanover Energy, Inc., dated September 21, 1988, recorded in Volume 1076, page 304, Official Records of Brazos County, Texas. I Assignment from Hanover Energy, Inc. to Southwestern leas Pipeline, Inc., dated February 28, 1989, recorded in Volume 1135, page 473, Official Records ofBraz9s County, Texas. Easement for telephone communications· as shown in instrJment from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams cd,mmunications, Inc., dated August IO, 1999 and recorded in Volume 3621, page 334, Official Records of Brazos County, Texas. FORM T-7: Commitment for Title Insurance Page 5 Continuation of Schedule B · GFNo. 28265 I m. Easement for telephone communications as shown in instritment from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Cqmmunications, Inc., dated August 23, 1999 and recorded in Volume 3621, page 341, Official Records of Brazos County, Texas. . I n. Easement for telephone communications as shown in inst~ment from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 30, 1999-and recorded in Volume 3621, page 345, Official Records of Br~os County, Texas. o. Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Cdmmunications, Inc., dated August 19, 1999 and recorded in Volume 3622, page 1, Official Records ofBrazo~ County, Texas. I p. Temporary Easement as set out in instrument from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to The State of Texas,, dated April l9j 2004 and recorded in Volume 6060, page 109, Official Records of Brazos County, Texas. 1 I q. Easement granted to City of College Station, Texas by BCS pevelopment Company as set out in instrument dated August 20, 2007, recorded in Volume 8250, Page 105 of the Official Public Records of Brazos County, Texas. · I r. Groundwater Rights Warranty Deed dated September 4, 2012 from BCS Development Company to DWP Mineral and Water Interests, LLC as set in instrument reco,rded in Volume 10903, Page 242 of the Official Public Records of Brazos County, Texas and all terms, condi~ions and stipulations contained therein. Title to these rights haS not been investigated subsequent to date theteof. I s. Royalty interest in the oil, gas and other minerals in and under the herein described property reserved in deed from Verna F. Barron to James L. Gilliam dated Augtlst is, 1957, recorded in Volume 183, page 569, Deed Records of Brazos County, Texas. Title to this inter~st not investigated subsequent to date of said instrument t. Estate created by oil, gas and mineral lease granted to Cofonial Royalties Company by B. J. Carter and wife, Jerry Carter in instrument dated April 3, 1962 and recdrded in Volume 16, page 583 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all ternis, conditions and stipulations contained therein. I Title to this lease has not been investigated subsequent to dat~ thereof. u. Estate created by oil, gas and mineral lease granted to Jack W. Lester, Sr. by Wayne A. Dunlap and Thomas L. Brown in instrument dated June 1, 1970 and recorded in ~olume 21, page 333 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, condi~ions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereo~. ! v. Estate created by oil, gas· and mineral lease granted to Cities Service Company by Thomas L. Brown in instrument dated October 20, 1976 and recorded in Volume !24, page 385 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, conditions land stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. 1 .1 w. Estate created by oil, gas and mineral lease granted to Cities I Service Company ):>y Wayne A. Dunlap and Jill Mary Dunlap in instrument dated October 20, 1976 and recorded in Volume 24, page 517 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all ter8'.s, conditions and stipulations contained therein .. Title to this lease has not been investigated subsequent to date thereof. . I ' x. Estate created by oil, gas and mineral lease granted to Comuiadore Oil & Gas, Inc. by Wayne A. Dunlap and Jill Mary Dunlap in instrument dated July 5, 1983 and reco~ded in Volume 89, page 533 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. I . Title _to this lease has not been investigated subsequent to dat¢ thereof. · FORM T-7: Commitment for Title Insurance Page6 Continuation of Schedule B GFNo. 28265 y. z. aa. bb. cc. I Estate created by oil, gas and inineral lease granted to Edco Energy, Inc. by Ronald Furrer and Beverly Furrer in instrument dated October 21, 1991 and recorded ml Volume 1379, page 90 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. ; ! Estate created by oil, gas and mineral lease granted to Edcol Energy, Inc. by Thomas L. Brown and Crystal Brown in instrument dated October 21, 1991 and recorded in Volume 1393, page 184 of the Official Records of Brazos County, Texas, and all terms, conditfons and stipihations contained therein. Title to this lease has not been investigated subsequent to date thereof. I I Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Wayne A. Dunlap and Jill Mary Dunlap in instrument dated October 21, 1991 and recorded ili Volume 1674, page 156 of the Official Records of Brazos County, Texas, and all terms, conditions and stip~lations contained therein. Title to this lease has not been investigated subsequent to date thereof. 1 . I Estate created by oil, gas and mineral lease granted to Edco ~nergy, :(De. by Richard F. Vogel and Patricia J. Vogel in instrument dated October 21, 1991 and recorded in Volume 1674, page 161 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. Rights of parties in possession. FORM T-7: Commitment for Title Insurance Page7 I COMMITMENT FOR TITLE INSURANCE Issued By ! Old Republic National Title Insurance Company SCHEDULEC I I Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our Jatisfaction, before the date the Policy is issued: I I l . Documents creating your title or interest must be approved by us and mus~ be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land agamst the persons named in paragraph 3 of Schedule A I · ' i b. all standby fees, taxes, assessments and charges against the prope~ have been paid, i c. all improvements or· repairs to . the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, i d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the . d I msure mortgage. ! . i 3. You must pay the seller or borrower the agreed amount for your property dr interest. I 4. Any defect, lien or other matter that may affect title to the land or intere!st insured, that arises or is filed after the effective date of this Commitment. I I 5. We require a transfer of the lien as set out in the Deed of Trust from ~CS Development to Wayne Dunlap, Beverly Furrer, Patricia Vogel and Thomas L. Brown, Jr. recorded in Voluttje 7088, page 252 of the Official Public Records of Brazos County, Texas. Transferee to be Bank & Trust of Bryan/College Station. Said Deed of Trust has been partially released as to 16.754 acres as set out in Release of Lien datedlOctober 17, 2011 and recorded in Volume 10433, Page 227 of the Official Public Records of Brazos County, Tex~s. i 6. Deed of Trust dated October 17, 2011 from BCS Development Compaµy to Ivan M. Olson, Trustee, securing the payment of one note of even date therewith in the principal sum of $l,;t41,200.00, and any other amounts payable under the terms thereof, payable to The Bank & Trust of Bryan/College Station, filed for record with the County Clerk of Brazos County, Texas, on October 18, 2011, recorded in Volu[me 10379, page 29 of the Official Public Records of Brazos County, Texas. i I 7. Extension of Real Estate Note and Lien in instrument dated April 30, :io13, recorded in Volume 11363, page 268, Official Public Records, Brazos County, Texas, between BCS Developbient Company and The Bank & Trust of Bryan/College Station. . : . I 8. Extension of Real Estate Note and Lien in instrument dated July 30, 2013, recorded in Volume 11580, page 11, Official Public Records, Brazos County, Texas, between BCS Developioent Company and The Bank & Trust of Bryan/College Station. \ FOR.J"1 T-7: Commitment for Title Insurance Countersigned _ 1 Aggieland Title Compaw Bye~&~ I I I Page 8 .I COMMITMENT FOR TITLE INS~CE I SCHEDULED GFNo. 28265 Effective Date: November 11, 2013, 07:00 am Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the fo!Jowing disclosures are made: · : . 1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment . . I DIRECTORS OF OLD REPUBLIC NATIONAL TITLE INSUfUNCE COMPANY HARRINGTON BISCHOF DENNIS P. VAN MIEGHEM JOHN M. DIXON JAMES A. KELLOGG JAMES HELLAUER RANoE K. YEAGER ARNOLD L. STEINER CflAlRLES F. TITIERTON A. C. WCARO LEO:E. KNIGHT, JR STEVER. WALKER FREDERICKA TAUBITZ I I OFFICERS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMP ANY MARK BILBREY, President RANDE K. YEAGER, Chairman and CEO GARY J. HORN, Executive Vice President MARK M. BUDZINSKI, Executive Vice President I R. WAYNE SHUPE, Executive Vice President PA TRICK A. CONNOR, Executive Vice President I CHERYL JONES, Executive Vice President MIKE TARPEY, Vice President , Treasurer CHARLES KOVALESKI, Executive Vice President RO$RT J. CHAPMAN, Executive Vice President STEPHEN C. WILSON, Executive Vice President, Vice D~L M. WOLD, Sr. Vice President, Secretary, Chairman General Council JOHN A. MAGNESS, Executive Vice President Shareholders owning, controlling or holding, either p.ersonally or be!neficially, 10% or more of the shares of Old Republic National Title Insurance Company as the Iak day of the y~ar preceding the date herein above set forth are as follows: Old Republic National Title Insurance Company-100%, a wholly owned subsidiary of Old Republic Title Insurance Group, Inc., a wholly owned subsidiary of!old Republic International Corporation. I 2. The following disclosures are made by the Title Insurance Agent issuing thi~ Commitment: Aggieland Title Company Owners Directors : Officers Page D. Thornton Page D. Thornton Page D. Thornton, President J. Fred Bayliss Page D. Thornton, Secretary Page D. Thornton, Treasurer Page D. Thornton, Office Manager Tebbi S. Mayes, Office Co-Manager I 3. You are entitled to receive advance disclosure of settlement charges in coruiection with the proposed transaction to which this commitment relates.. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving a portion of the premium from the settlement of thls transaction will be disclosed on the closing or settlement statement. : I ' You are further advised that the estimated title premium· is: . Owner's Policy Loan Policy Endorsement Charges Other Total $0.00 i $7,178.80 $75.00 $0.00 I $7,253.80 . I Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 85 % will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid_to other parties as follows: Amount To Whom For Services I " ·The estimated premium is based upon information furnished to us as of the c4ite of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordanbe with the Rules and Regulations adopted by the Commissioner of Insurance." I -i F<?RM T-7: Commitment for Title Insurance Page 1 i DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential oiiner's Policy) Arbitration is a common form of alternative dispute resolution. It can be. a quicker and cheaper means to I settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of ewdence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. ! Your policy contains an arbitration provision (shown below). It ~llows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. H you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and retbrning it to the Company at or before the closfug of your real estate transaction or by writing to the CooWany. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Lan.kl Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with tlaims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controvers~ or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 Of less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual ~erson (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $,2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant ito this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by fue Arbitrator(s) may be entered in any court of competent jurisdiction." t SIGNATURE FORM T-7: Commitment for Title Insurance Page I 'ty of College Station Purchase Order No . Purchase Order 150107 Above number mu st appear Texas Avenue P 0 Box 9960 on all correspondence College Station, Texas 77842-0960 Date 44531 (979) 764 -3555 Fax: (979) 764-3899 www.cstx.gov V B CS DEVELOPMENT COMPANY E 4090 HWY 6 SOUTH N COLLEGE STATION, TX 77845 D 10/21 /14 S CITY OF COLLEGE STATION H CITY HALL I DEVELOPMENT SERVICES p 1101 TEXAS AVENUE O TEL# (979) 690-1222 R FAX# (979) 690-9069 T COLLEGE STATION, TX 77840 0 DELIVER BY I F o B I TERMS I Ar'COTTN'T' NO . I PROJECT NO. 09/30/15 I . I NET/30 I SEE BELOW I LINE QUANTITY UOM DESCRIPTION 1 229626.00 EA BRIDGEWOOD PHASE 1 STREETS PARTICIPATION AGREEMENT 2 52727.00 EA BRIDGEWOOD PHASE 1 WATER PARTICIPATION AGREEMENT REMARKS: »Oversize Participation Agreement for Roadway and Waterline Improvements along W.S. Phillips Parkway. »Council Approval: 9/22/2014 (2d) »Contract 14-444 »City Contact: Alan Gibbs NOTICE TO VENDOR: To insure prompt payment mail invoice in duplicate and copy of paid freight bill to be included if invoicing for preJJaid freight. Mail mvo1ce to Attn: Accounting Department, P. 0 . Box 9973, Colfege Station, Texas 77842-0973. The City of College Station is exempt from Federal, State, and Local taxes. Federal No. 1s 1-74-6000534-5. REO. NO UNIT COST 1.0000 1.0000 I GRAND TOTAL 1 BID NO EXTENSION 229626.0 0 52727.00 282353.00 PURCHASING AGENT .P' --' ---- - - ' . ~~d 1 c.,~,,-, ---~ J'1 ~ ryn-LJ-5 ' <f5lS) 1 . s~111~d s.M • ±. t1d-~o~g ~ ------- -I -l ?_S ·Jt.l Al-1 Ll~ "Z/l'Z F -r, . - · --~·oo[0z1 /I/bbl~ ~J... - Lzt. 1zz6 -h&'/)t'ZJ ~d-L?L Lz~ .· h+. I 'I~ I 5L~:/og ~J~7 "7No:J 'ifWl ij.l(jJ . -$ ~ '% ";JY -w-;..FJ? ~ _.,,.,. (1:~ ) w z-1 .:t ~ ~d-- :do 09-vv?~~g 121412015 Refunded Bonds H q l of 2 I> ~· 4-barr Find I Next Q+. ~:i:; Refunded Bonds for Projects STATUS PROJECT NO DESCRIPTION SITEADDR PROJECT NAME PAY METHOD STATUS BOND PAID PAID DATE EX AMOUNT AMOUNT [ ··----·-··--···-----------·--·----REDUCED FP2011-500109 INF CONSTRUCTION IMPROVEMENTS 3100 HAUPT RD THE BARRACKS II PH 100 (FP) CASH (INCLUDING CHECKS) REDUCED 4,900.00 4,900.00 -REPLACING LOC FP2011-500194 INF SIDEWALK IMPROV SEC 2LOT n5 DOMINIK DR UNIVERSITY OAKS SEC2 BS CASH (INCLUDING CHECKS) REDUCED 10,374.53 10,374.53 14,15,16,20,24 LlS,16,&24R (FP-CASH (INCLUDING CHECKS) REDUCED 10,374.53 10,374.53 FP2012-500105 INF SIDEWALK BOND 3370 GREENS PRAIRIE RD W CASTLEGATE II SEC 202 (FP) CASH (INCLUDING CHECKS) REDUCED 3,200.00 3,200.00 CASH (INCLUDING CHECKS) REDUCED 3,200.00 3,200.00 FP2012-500144 INF EMERGENCY ACCESS ROAD 2008 OAKWOOD TRL SANDSTONE ADDITION LOTS CASH (INCLUDING CHECKS) REDUCED 46,446.00 46,446.00 SR-1 & SR-2 (FP-CASH (INCLUDING CHECKS) REDUCED 46,446.00 46,446.00 FP2013-900101 INF INFRASTRUCTURE PH 3 3150 HOLLEMAN DR S UNIVERSITY HEIGHTS PH 2 & 3 CASH (INCLUDING CHECKS) REDUCED 3,475.00 3,475.00 (FP) CASH (INCLUDING CHECKS) REDUCED 3,475.00 3,475.00 FP2013-900255 VEGETATION 2600 KIMBOL TON DR CASTLEGATE II SEC 104 (FP) CASH (INCLUDING CHECKS) REDUCED 8,187.50 8,187.50 FPCM2011-500145 INF WATERLINE CONSTRUCTION; 3803 MCCULLOUGH RD WELLBORN BUSINESS PARK CASH (INCLUDING CHECKS) REDUCED 29,052.00 29,052.00 REPLACE LOC (FP) FPCM2011-500184 INF TRAFFIC MITIGATION FUNDS 4330 STATE HIGHWAY 6 S TOWER POINT PH 12 (FP) CASH (INCLUDING CHECKS) REDUCED 86,564.15 86,564.15 CASH (INCLUDING CHECKS) REDUCED 86,564.15 86,564.15 CASH (INCLUDING CHECKS) REDUCED 86,564.15 86,564.15 CASH (INCLUDING CHECKS) REDUCED 86,564.15 86,564.15 FPCM2013-900053 INF MEADOWLAND SIDEWALK 300 TEXAS AVE HOME2 SUITES (FP-REPLAT) CASH (INCLUDING CHECKS) REDUCED 8,080.00 8,080.00 SURETY CASH (INCLUDING CHECKS) REDUCED 8,080.00 8,080.00 SP2012-500124 LS LANDSCAPE BL 1 410 TEXAS AVE NORTHPOINT CROSSING PH 1 CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 (PLAZA) (SP) CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 LS LANDSCAPE BL 2 410 TEXAS AVE NORTHPOINT CROSSING PH 1 CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 (PLAZA) (SP) CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 CASH (INCLUDING CHECKS) REDUCED 157,405.50 157,405.50 RELEASED FP2012-500258 INF SIDEVVALKS 200 CAPPS DR THE BARRACKS II PH 102 (FP) CASH (INCLUDING CHECKS) RELEASED 23,162.00 23,162.00 05-Dec-12 FP2013-900123 INF INFRASTRUCTURE 500 HAYES LN THE BARRACKS II PH 201 (FP) CASH (INCLUDING CHECKS) RELEASED 7,741.40 7,741.40 19-Jun-13 FP2013-900142 LS VEGETATION 4015 MUNCASTER LN CASTLEGATE II SEC 102 (FP) CASH (INCLUDING CHECKS) RELEASED 5,625.00 5,625.00 FP2013-900181 LS VEGETATION SURETY 2517 KIMBOLTON DR CASTLEGATE II SEC 103 (FP) CASH (INCLUDING CHECKS) RELEASED 5,145.00 5,145.00 28-Aug-13 FP2013-900255 VEGETATION 2600 KIMBOL TON DR CASTLEGATE II SEC 104 (FP) CASH (INCLUDING CHECKS) RELEASED 8,187.50 8,187.50 FP2014-900023 INF INFRASTRUCTURE 1635 PARK PLACE FS KAPCHINSKI L12Rl-12R3 B2 CASH (INCLUDING CHECKS) RELEASED 24,504.25 24,504.25 29-Jan-14 (FP-REPLAT) FP2014-900060 INF CONSTRUCTION OF WATER INDIAN LAKES PH 18 (FP) CASH (INCLUDING CHECKS) RELEASED 27,931.00 27,931.00 11-Mar-14 14 UTILITIES FP2014-900151 REMAINING CONSTRUCTION 100 TANG CAKE DR THE BARRACKS II PH 108 (FP) CASH (INCLUDING CHECKS) RELEASED 28,441.40 28,441.40 16-Jun-14 05- FPCM2014-900282 SWR LINE 911 SOUTHWEST PK\"IY E EAST MARK PH II L2R-1 &2R2 CASH (INCLUDING CHECKS) RELEASED 13,948.00 13,948.00 18-Nov-14 BLK A (FP-REPLA SP2012-500217 LANDSCAPE 300 TEXAS AVE HOME2 SUITES (SP) CASH (INCLUDING CHECKS) RELEASED 6,000.00 6,000.00 21-Nov-15 SP2013-900050 LANDSCAPING 4080 STATE HIGHWAY 6 S HILLIER FUNERAL HOME CS CASH (INCLUDING CHECKS) RELEASED 2,250.00 2,250.00 27-Feb-13 (SP) SP2014-900084 INF IMPROVEMENTS TO THE 101 DEACON DR W THE BARRACKS II PARKS 2 & 7 CASH (INCLUDING CHECKS) RELEASED 82,452.55 82,452.55 09-Apr-14 BARRACKS II SUB (SP) http://crwappltrakit9/DocumentViemer.aspx?report=/REPORTS/BONDS/Refunded%20Bonds&rs:Format=PDF&Val=Refunded%20Bonds&USERID=AG#P6a6c4b31e12d4b6ea06e07c4feaea73e_3_oHit0 1/2 121412015 Active Bonds 4 1 of 2? ~ ~· <i Find I Next ~ @ Active Bonds for Projects ·----·-----------------·---,------------·----·-·---·--------·-.. -·-··-····---------------·----··---·······-··· ---·-··-··--·-----·---·---··---··--·-·-· PROJECT NO SURETY METHOD SITEADDR PROJECT NAME STATUS BOND AMOUNT PAID AMOUNT PAID DATE I EXPIRAT I ION DATE ABAN2012-5002S6 INF SEWER LINE RELOCATION 303 UNIVERSITY DR E B AGGIELAND OUTFTITERS ORIGINAL 24,972.00 24,972.00 OS-Dec-12 (ABAN) DP2013-900102 INF INFRASTRUCTURE 907 CROSS ST U CENTRE (SOUTH COLLEGE ORIGINAL 1,853,705.lS 1,853,705.15 22-May-13 STUDENT HOUSING) REDUCED 322,026.00 322,026.00 DVPL2013-900098 INF BOND FOR SEWER UTILITIES lSOO EARL RUDDER FWY S PLANTATION OAKS ADDITION ORIGINAL 19,549.75 19,549.75 lS-May-13 (DVPL) DVPL201S-900015 INFRASTRUCTURE 13601 FM 21S4 DICK'S IRON DUKES ADDITION ORIGINAL 2S,657.50 25,657.50 21-May-15 21-May-16 (DVPL) FP2007-500195 INF VICTORIA AVE 2201 BARRON RD REATTA MEADOWS SEC. 1 PH. 2 ORIGINAL 227,3S2.90 227,352.90 17-Aug-07 (FP) FP2008-500093 LS INSTALLATION OF STREET SIGNS CREEK MEADOWS SEC 4 PH 2A ORIGINAL 1,92S.00 1,925.00 21-Apr-08 AND GRASS (FP) FP2009-500001 LS INSTALLATION OF STREET SIGNS CREEK MEADOWS SEC 4 PH 2C ORIGINAL 2,91S.OO 2,915.00 OS-Jan-09 AND GRASS (FP) FP2010-S00039 INF INFRASTRUCTURE 2215 SEBESTA RD EMERALD RIDGE EST A TES PH I ORIGINAL 980,034.62 980,034.62 10-Mar-10 (FP) FP2010-S00145 INF P&P: SIDEWALKS BORDERING 1198 JONES BUTLER RD LAKERIDGE TOWNHOMES (FP) ORIGINAL 3S,040.00 35,040.00 14-Jul-10 LAKERIDGE INF SIDEWALK & WATERLINE 1198 JONES BUTLER RD LAKERIDGE TOWNHOMES (FP) REDUCED 3S,040.00 35,040.00 FP2010-S00146 LS VEGETATION PH. 5 & 6 809 DOVE CHASE LN DOVE CROSSING PH 6 (FP) ORIGINAL 5,000.00 5,000.00 14-Jul-10 FP2010-500163 INF STREET PAVING/ PARK 8300 RAINTREE DR CARTER'S CROSSING PH 2 (FP) ORIGINAL 38,S99.00 38,599.00 28-Jul-10 FP2010-500174 LS LANDSCAPE BOND 3228 ROCK PRAIRIE RD W BUENA VIDA (FP) ORIGINAL 6,206.00 6,206.00 11-Aug-10 FP2010-500283 INF FINAL PLAT INFRASTRUCTURE 2300 COTTAGE LN COTTAGES OF COLLEGE ORIGINAL 609,138.90 609,138.90 22-Dec-10 STATION (FP) FP2011-500037 INF REMAINING WORK ON PUBLIC 3370 GREENS PRAIRIE RD W CASTLEGATE II SEC 200 (FP) ORIGINAL 5,683.00 S,683.00 02-Mar-11 INFRASTRUCTURE FP2011-S00086 INF FINANCIAL GUARANTEE FOR 31SO HOLLEMAN DRS UNIVERSITY HEIGHTS PH 1 ORIGINAL 12,200.00 12,200.00 24-May-11 HMAC PAVEMENT (FP) FP2011-S00092 INF PMT & PERF: PAVING, lSSSO CREEK MEADOW BL VD N CREEK MEADOWS SEC 2 PH 3 ORIGINAL 109,184.00 109,184.00 08-Jun-11 DRAINAGE, UTILITIES (FP) FP2011-S00109 INF CONSTRUCTION IMPROVEMENTS 3100 HAUPT RD THE BARRACKS II PH 100 (FP) ORIGINAL 214,334.00 214,334.00 20-Jul-11 INF CONSTRUCTION IMPROVEMENTS 3100 HAUPT RD THE BARRACKS II PH 100 (FP) REDUCED 4,900.00 4,900.00 -REPLACING LOC FP2011-500194 INF INFRASTRUCTURE GUARANTEE 72S DOMINIK DR UNIVERSITY OAKS SEC2 BS ORIGINAL 8,434.53 8,434.S3 14-Dec-11 L15,16,&24R (FP-ORIGINAL 8,434.53 8,434.S3 INF SIDEWALK IMPROV SEC 2LOT 72S DOMINIK DR UNIVERSITY OAKS SEC2 BS REDUCED 10,374.53 10,374.53 14, 15, 16,20,24 L15,16,&24R (FP-REDUCED 10,374.S3 10,374.53 FP2012-500003 LS GRASS ESTABLISHMENT 2600 GREENS PRAIRIE RD W CASTLEGATE II SEC 201 (FP) ORIGINAL 7,260.00 7,260.00 04-Jan-12 FP2012-500009 INF PAVING,DRAINAGE & UTILITY 15618 WOOD BROOK LN CREEK MEADOWS SEC 3 PH 1 ORIGINAL 2,312.38 2,312.38 11-Jan-12 IMPROVEMENTS (FP) ORIGINAL 2,312.38 2,312.38 FP2012-500105 INF SIDEWALK BOND 3370 GREENS PRAIRIE RD W CASTLEGATE II SEC 202 (FP) REDUCED 3,200.00 3,200.00 http://crwapp/trakit9/DocumentVif!Wer.aspx?report=/REPORTS/BONDS/Active%20Bonds&rs:Format=PDF&Val=Active%20Bonds&USERID=AG 1/2 121412015 Active Bonds REDUCED 3,200.00 3,200.00 LS VEGETATION BOND 3370 GREENS PRAIRIE RD W CASTLEGATE II SEC 202 (FP) ORIGINAL 3,375.00 3,375.00 14-May-12 ORIGINAL 3,375.00 3,375.00 FP2012-500144 INF EMERGENCY ACCESS ROAD 2008 OAKWOOD TRL SANDSTONE ADDITION LOTS REDUCED 46,446.00 46,446.00 5R-1 & 5R-2 (FP-REDUCED 46,446.00 46,446.00 INF SANITARY SEWER LINE 2008 OAKWOOD TRL SANDSTONEADDITIONLOTS ORIGINAL 5,439.00 5,439.00 11-Jul-12 5R-1 & 5R-2 (FP-ORIGINAL 5,439.00 5,439.00 FP2012-500159 INF WATER INFRASTRUCTURE 1915 DARTMOUTH ST FALCON POINT (FP) ORIGINAL 55,224.00 55,224.00 25-Jul-12 FP2012-500180 LS SURETYFOR LACK OF 3156 HAUPT RD THE BARRACKS II PH 101 (FP) ORIGINAL 2,250.00 2,250.00 22-Aug-12 VEGETATION FP2012-500184 INF INFRASTRUCTURE 1198 JONES BUTLER RD LAKERIDGE TOWN HOMES (FP-ORIGINAL 22,536.32 22,536.32 22-Aug-12 REPLAT) REDUCED 38,796.53 38,796.53 FP2012-500192 INF UTILITY IMPROVEMENTS CREEK MEADOWS SEC 4 PH 3A ORIGINAL 2,000.00 2,000.00 05-Sep-12 & 4 (FP) FP2012-500224 INF INFRASTRUCTURE SURETY 9500 ROCK PRAIRIE RD WILLIAMS CREEK PH 6 (FP) ORIGINAL 18,680.00 18,680.00 16-0ct-12 1214/2015 2:52:59 PM http://crwappltrakit9/DocumentViewer.aspx?report=/REPORTS/BONDS/Active%20Bonds&rs:Format=PDF&Val=Active%20Bonds&USERID=AG 212 PERFORMANCE BOND FOR P ARTICJ[PATION AGREEMENT #CNB-18224-00 THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § KJli"OW ALL MEN BY THESE PRESENTS: THAT WE, BCS Development, Inc, as Principal, hereinafter called "Developer" and the other subscriber hereto Insurors Indemnity Company, as Surety, do hereby aclmowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One million. two hundred thirty-six thousand, three hundred three and 03/100 dollars ($ l,23 6,3 03 . 03) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Developer has on or about this day executed a Participation Agreement herein after called "Contract" in writing with the City of College Station for W.S Phillips Par1..'Way and Barron Cut-Off Improvements; Detention Facility Improvements; and Tie-in to Barron al I of such work to be done as set out in full in said Contract Documents thereip referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherv.,.-ise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence what1wer in. securing compliance on the part of the Developer with the terms of the Con1J:act, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for tlrn City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability'of the Surety hereon in any degree. lt is further expressly agreed by Surety that the City of College Station or its representatives arc at liberty at any time, without notice to the Surety, to make any change in the Contract Docun1ents and in the Work to be done thereunder, as provided in the Contract, and in the tenns and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or relea~e the Sur~ty therefrom. It is further expressly agreed and understood th:it the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer aud Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be pcrfonnable in Brazos County, Texas. This bond is given in compli!Ulce with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. ,However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Participation Agreement 20 \ -' Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State ·Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at wch other address as thE receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates -written below their signatures and have a·:tached curri Po r of Attorney. FOR THE DEVELOPER: ATTEST, SEAL: (if a corporation) -'B~C""S~~~~!.!.!c..!~------ WI~SS: (if not a corporation) Name: Dou9 Fre11 r"'- Title: V~ ( e P (( S; d ett-f- Da te: i/z6/!y FOR THE SURETY: ATTEST/WITNESS Name: Kirn Nicholson Title: Witness Date: Au rust 25 2014 FOR THE CITY REVTEWE~: Participation Agreement s (SEAL) By: -~~~~~~~~~~~~ Name: rca,,dy Fru1 ('h.. I Title: Pees; de.,..+/ Sec re-Mry Date: ~/7.Ao/l'-f lnsurors Indemnity Company (Full Name of Surety) P 0 Box 2683, Waco, TX 76702-2683 (Address of Surety for Notice) Name: Carol A Manuel Title: Attorney In Fact Date: Aueust 25 2014 21 -, J -----------------·········-····----······· ... 1NSURORS lNUEMNITY <Lcr;pt271dl:t POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-18224-00 That INSURORS INDEMNITY COMPANY, Waco, Texcis, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in tile State of Texas and the United States of America, does hereby make, constitute and appoint Carol A. Manuel of the City of Bryan, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and 1jeed1 all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contrac~ or may be given in any action or proceeding in any court of law or equity; Indemnity In all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURO;~~MNITY co~2;:?· ~':;/ . ~1'/~:1-4,; .A\.·/t ffi_/]__,,;,;;t ,._.. By. '· ,£/t.n,~~-:/ .---~/c__~--~· ---'l'T'"il"'omas G. Chase, Jr,Ctiair111an and' CEO State of Texas County of Mclennan On the 22nd day of January, 2014, before me a Notary Public In the State of Texas, personally appeared Thomas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, ac owledged that they executed the above Power of Attorney in their capacities as Chalnnan and Chief Executfve Officer, an orporate Secretary, respectively, of Insurers Indemnity Company, and acknowled e i P ttomey to be the volu a act and e d of-the Company. ' •• •• SHERRI WHITEHOUSE i~:-. Notary Public -tt--------~~-f±iW~~~~~"@.::::=----•~ ~)! STAIE OF TEXAS ~~;;~ comm.Exp.May21,2017 lnsurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney In Fact pursuant to a PowEir of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on bo;half of the Company either by the Chairman and CEO or the P-resleent, under their respeetive--Oesi~natleR. The signature ,e>f-s~ffieeF-aAEl-the seal of the Compaey-may-be-affixi'ld by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the tenns and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such Instrument executed by such Attorneys In Fact shall be binding upon the Company as If signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. day of NOTE: IF YOU HAVE ANY QUESTI ON REGARDING THE VALIDITY OR WORDING OF Tl:llS POWER OF ATIORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. C. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION@INSURORS.COM. ' • 'r P.O. Box 2683 • 225 South Fifth Street• Waco, Texas 76702-2683 WW1-v.insurorsindemnity.com • 254-759-3700 •Fax 254-755-6399 IMPORT ANT NOTICE -A VISO IMPORT ANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Tn surors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the · l 'exas Department of Insurance to obtain infonnation on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department oflnsurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1 771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department oflnsurance. ATIACH nns NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener infonnacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Tnsurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 listed tanbien puede escribir a Tnsurors Tndemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax:512-475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DlSPUTAS SOBRE PRTMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de inforrnacion y no se convierte en parte o condicion del docurnento adjunto y esta dado para acatar con Section 2253.021 Government Codey Section 53 .202, Property Code efectivo, Septiembre l , 2001. PERFORMANCE BOND FOR PARTICJ(PATION AGREEMENT #CNB-18224-00 THE STATE OF.TEXAS THE COUNTY OF BRAZOS § § § IOi"OW ALL MEN BY THESE PRESENTS: THAT WE, BCS Development, Inc, as Principal, hereinafter called "Developer" and the other subscriber hereto Insurors Indemnity Company, as Smety, do hereby ac!mowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One million, two hundred thirty-six thousand, three hundred three and 03/100 dollars ($1,236,303.03) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Developer has on or about this day executed a Participation Agreement herein after called "Contract" in writing with the City of College Station for W.S Phillips Parkway and Barron Cut-Off bnprovements; Detention Facility Improvements; and Tie-in to Barron all of such work to be done as set out in full in said Contract Documents thereip referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if.the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; othernise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence what1wer in. securing compliance on the part of the Developer \'Ii.th the terms of the Conn·act, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability·of the Surety hereon in any degree. Tt is further expressly agreed by Surety that the City of College Station or its representatives arc at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or relea~e the Surety therefrom. It is further expressly agreed and understood th:it the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City i11 connection with such suit. This bond and all obligations created hereunder shall be pcrfonnable in Brazos County, Texas. This bond is given in compliflllce with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. ,However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Participation Agreement 20 ',' Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State ·Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at wch other address as t~ receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates -written below their signatures and have a:tached cun: nt wer of Attorney. FOR THE DEVELOPER: ATTEST, SEAL: (if a corporation) WIT!!_ESS: (if not a corporation) By: __...._-~4~7 __ Name: DovJ Fre17c /,.._ Title: V1'c.e Pres;d~-t Date: 1>/zro//lf FOR THE SURETY: ATTEST/WITNESS (SEAL) Name: Kim Nicholson Title: Witness Date: Ammst 25 2014 FOR THE CITY REVIEWED: ~A .~ lty ttamey Participation Agreement Name: _1C_.,._n..:...d;...,y.___l=_r_e_11.:_c_l-. ____ _ Title: _fi_re_s_;_J_e_ti._1-,_/_S_e_c_r_e-f._+?'--- Date: _~_/_"Z._Co_/_/L_{ ______ _ lnsurors Indemnity Company (Full Name of Surety) P 0 Box 2683, Waco, TX 76702-2683 (Address of Surety for Notice) Name: Carol A Manuel Title: Attorney In Fact Date: Au!llist 25 2014 21 ,,.. , ' r ------------------······-----.. ---·--····. -·· ' . 'INSURORS INDEMNITY . <£,crra/1$ POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-'18224-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Carol A. Manuel of the City of Bryan, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and 1jeed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contrac~ or may be given in any action or proceeding in any court of law or equity; Indem nity In all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURO;~~MNITY COM2;~,,.-?' ,r/' 1 . ~1.'i1efw.t ~tt 4-J-_,,-,•,,,.,:;tr"~· By. '· V C.J'/'iz-/b.17.x ,..AY~/.....__~-~~. ---'l''f'hh.,..,omas G. Chase, Jr.Ctiairma11 and' CEO State of Texas County of Mclennan On the 22nd day of January, 2014, before me a Notary Public In the State of Texas, personally appeared Thomas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, ac owledged that they executed the above Power of Attorney in their capacities as Chairman and Chief Executive Officer, an orporate Secretary, respectively, of lnsurors Indemnity Company, and acknowled e i P ttomey to be the volu a act and e d of-the Company . . .... ., •• SHERRI WHITEHOUSE :W-. Not.ary Public -ff-------~~A,W""-::~~~~"ldi.~=----•~ ~): STA1E OF TEXAS ~~~~ comm.Exp.May2.t,2017 Insurers Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney In Fact pursuant to a PowE1r of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on bishalf of the Company either by the Chairman and CEO or the P-res!Elent, under their respeetive-4esi!:JAatieFr. The signature ·D~ffieef-anEHtle seal of the Com13any-may-be-afft><-ed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such Instrument executoo by such Attorneys In Fact shall be binding upon the Company as If signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurers lndemnl~/ Company, do hereby certify that the foregoing Is a true excerpt from the Resolutions of the \laid Company as adopted by its 8Dard of Directors on July 8, 2009, and that this Resolutlon Is in full force and effect. I certify that the foregoing Power of Attorney h; In full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMP.ANY on this 25th August 2014 ~-• ~ -~ dayot NOTE: IF YOU HAVE ANY QU ESTION REGARDING THE VALIDITY OR WORDING OF Tt:ilS POWER OF ATIORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. 0. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION@INSURORS.COM. ,. . P.O. Box 2683 • 225 South Fifth Street • Waco, Texas 76702-2683 www.insurorsindemnity.com • 254-759-3700 • Fax 254-755-6399 IMPORT ANT NOTICE -A VISO IMPORT ANTE To obtain information or make a complaint: You may caIJ Insurers Indemnity Company's toll-free telephone number for info1mation or to make a complaint at: 1-800-933-7444 You may also write to Tnsurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-343 9 You may write the Texas Department ofTnsurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 Web: http://www.tdi .state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company fust. If the dispute is not resolved, you may contact the Texas Department oflnsurance. ATTACH nns NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener infonnac.ion o para someter una queja: Usted puede Hamar al numero de telefono gratis de Tnsurors Indemnity Company's para informacion o para someter una queja al 1-800-93 3-7444 lJsted tanbien puede escribir a lnsurors Tndemni ty Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departarnento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (IDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y nose convierte en parte o condicion del documento adjunto y esta dado para acatar con Section 2253.021 Government Codey Section 53.202, Property Code efectivo, Septiembre 1, 2001. PERFORMANCE BOND FORPARTICJ[PATION AGREEMENT #CNB-18224-00 THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § ~·ow ALL MEN BY THESE PRESENTS: THAT WE, BCS Development, Inc, as Principal, hereinafter called "Developer" and the other subscriber hereto lnsurors Indemnity Company, as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of One million. two hundred thirty-six thousand, three hundred three and 03/100 dollars ($1,236,303.03) for the: payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF IBIS OBLIGATION ARE SUCH THAT: WHEREAS, the Developer has on or about this day executed a Participation Agreement herein after called "Contract" in writing with the City of College Station for W.S Phillips Parkway and Barron Cut-Off Improvements; Detention Facility Improvements: and Tie-in to Barron all of such work to be done as set out in fulJ in said Contract Documents therei.p referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Developer shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; olherv;ise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence what1wer in. securing compliance on the part of the Developer with the terms of the Contract, including the making of payments thereunder and, having fully considered it's Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain cert.:1in amounts due the Developer until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold any amount owing under the Contract without changing or affecting the liability·of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives arc at liberty at any time, without notice to the Surety, to make any chan.ge in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or relea~e the Surety therefrom. It is further expressly agreed and understood th1t the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be pcrfonnable in Brazos County, Texas. This bond is given in compliilllce with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. ,However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Participation Agreement 20 " ., I Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State ·Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at wch other address as th~ receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer and Surety have signed and sealed this instrument on the respective dates -written below their signatures and have a·:tached current Power of Attorney. FOR THE DEVELOPER: ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) By'=· ":iy Name: /)o u t Fre11 ( "' ' Title: VI c ~ Pres: de,(\+ Date: ~ /?.. ~ /llf FOR THE SURETY: > ATTEST/WITNESS (SEAL) Name: Kirn Nicholson Title: Witness Date: August 25, 2014 FOR THE CITY REVIEWED: Participation Agreement By:-+-'"''->..1-.....,_.~""""',}/J-:_i_~~~~ Name: Rc..flJ.y Kt/\ch. Title: Pres,Je.-..+/Secre-f.,..ry ' Date: _<i?_/7-_b_/_/'i ____ _ lnsurors Indemnity Company (Full Name of Surety) P 0 Box 2683, Waco, TX 76702-2683 (Address of Surety for Notice) Name: Carol A Manuel Title: Attorney In Fact Date: Au!llist 25 2014 21 l ' I l ,, .. --------------·--·-··----···----·--.... lNSURORS INDEMNITY . V/?f-7t271d'd: POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-18224-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Carol A. Manuel of the City of Bryan, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and 1jeed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contrac~ or may be given in any action or proceeding in any court of law or equity; Indemnity In all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURO~~MNITY COMZY ,-?' •" . ~}t/?Jz.p; ;J _A • .!t_~~_,,.-,_-;;t4''.:;:::/ By. , "" h7/:f:?!.~-__. ~:c---~-.~. ---=.r,.,11~omas G. Chase, Jr.Chairman and' CEO State of Texas County of Mclennan Insurers Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney In Fact pursuant to a PowEir of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on b•shalf of the Company either by the Chairman and CEO or the P-rasklent, under their respeetive-GesigAat!GA.-The signature ,o~ffieef-afle-tfle seat of the Com13afly-may-lle-a#lx~d by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be val Id and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such Instrument executed by such Attorneys In Fact shall be binding upon the Company as If signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurers lndemni~/ Company, do hereby certify that the foregoing Is a true excerpt from the Resolutions of the ~aid Company as adopted by its BDard of Directors on July 8, 2009, and that this Resolution Is in full force and effect. I certify that the foregoing Power of Attorney h; In full force and effect and ha$ not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMP.ANY on this 25th ""'"'' 2014 ~. . _,:, -~ day of Tammyneperan;secta_ry NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF ri:iiS POWER OF ATIORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US ATP. C. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION@INSURORS.COM. .. lNSURORS INDEMNITY · C&wpa1tt/d P.O. Box 2683 • 225 South Fifth Street • Waco, Texas 76702-2683 wwv,r.irnurorsindemnity.com • 254-759-3700 •Fax 254-755-6399 IMPORT ANT NOTICE -A VISO IMPORT ANTE To obtain information or make a complaint: You may call Insurers Indemnity Company's toll-free telephone number for inf01mation or to make a complaint at: 1-800-933-7444 You may also write to Tnsurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department oflnsurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 Web: http ://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department oflnsurance. ATTACH nns NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener infonnacion o para someter una queja: Usted puede Hamar al numero de telefono gratis de Tnsurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Jn5urors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 Web: http://www.tdi .state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DlSPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comuuicarse con el agente o la compania primero. Si nose resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion de! documento adjunto y esta dado para acatar con Section 2253.021 Government Codey Section 53.202, Property Code efectivo, Septiembre 1, 2001. ·' " . Project No. MBESI No. 10530014 THE STATE OF TEXAS THE COUNTY OF BRAZOS PERFORMANCE BOND PERFORMANCE BOND #CNB-19557-00 § § § KNOW ALL MEN BY THESE PRESENTS: THAT WE BCS Development Compan y ' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ as Principal, hereinafter called "Developer" Insurers Indemnity Company and the other subscriber hereto as Surety, do hereby acknowledge ourselves to be hel~ and firmly bound to the City of College Station, a ~~~ft~oiolofi~~~~~-~-~-~~~--~!--~-~~~-~~~-~~~~--~~~~~-~~~-~~ ~~o4u;;,~~~~~~ hundred fifty one ) for the payment of which sum, well and truly to be made to the Gty of College Station and its successors, the said Developer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CON DITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Developer has submitted to the City of College Station a plat for which the Developer must guarantee the performance of the construction of certain public improvements prior to final plat approval pursuant to Chapter 12,Section 8 of the Code of Ordinances of the City of College Station and as shown on said plat known as Bridgewood Subdivision, Phase 2 which was presented in full for preliminary approval before the City of College Station Planning and Zoning Commission on or about and which is fully made part hereof by reference thereto (the "Plat''); N OW THEREFORE, if the said Developer shall faithfully and strictly perform all terms, provisions, and stipulations of the Plat and of the applicable Code of Ordinances of the City of College Station in accordance with its true meaning and effect of each, including all provisions referred to therein and shall comply strictly with each and every provision thereof, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Plat, including the making of payments thereunder and, having fully considered it's Principal's competence to perform to meet all the requirements therein in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his obligations pursuant to same and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Developer's obligations to ensure the construction of certain public improvements as required by the Plat and by the Code of Ordinances of the City of College Station. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change to the Plat, to its ordinances and in the obligations of the Developer arising thereunder, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in ' ·' ' any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer pursuant to the Plat and to the applicable provisions of the Code of Ordinances of the City of College Station. In the event that the City of College Station shall bring any suit or other proceeding at law regarding the above-referenced Plat, ordinances, or this bond or any combination, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. 1bis bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Developer an Surety ave signed and sealed this instrument on the respective dates written below their signatures and have attache current Power of Attorney. ATTEST /WITNESS (SEAL) By: ~{))_, !Lvw~ Name: Danielle Hinman Title: Witness Date: April 22, 2015 REVIEWED: By: Name: ~",.,J.Y ,::-r€nt /,., Title: Pre.:.Je.i+ Date: 'f /z '1 /i S Insurers Indemnity Company (Full Name of Surety) 225 South Fifth Street (Address of Surety for Notice) Waco, TX 76701 By: 0 tLl a:R Q Y'Y\~ Name: Carol A Manuel Title: Attorney in Fact Date: April 22, 2015 City Manager N, TEXAS: ,• I 1!.io1 M N4T Y C OJ..•r1t>1•1t POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-19557-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby tnake, constitute and appoint Carol A. Manuel of the City of Bryan, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for ahd on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS INDEMNITY COMPANY Attestd~ 1 tJ;-nm ......__) T~reta ~E. , /~-------"' Dave E. Talbert, President State of Texas County of Mclennan RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation, The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any l:>ond or undertaking to which it is validly 13ttached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the tenns and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as If signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of lnsurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on November 11, 2014, and that this Resolution is in lull force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 22nd day of April 2015 NOTE:: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDIN OF THIS POWER OF AITORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US ATP. 0. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMA TION@INSURORSINDEMN!TY .COM. P&C 877 282 1625 Sones soo 933 7444 225 South fifth Street PO 9ox 2683 W;ico, Tex.as 7i>702·26S3 IMPORTANT NOTICE-AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax:512-475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state. tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH TIDS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener inforrnacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax:512-475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. insurorsi dem nl v. -om HBMl:H M cCLURE & BROW NE E N GINEERING/S URVE YING , I NC. I r ~ 1008 Woodcreek Dr .. Suite 103 ·College Station, Tx. 77845 · (979) 693-3838 Engineer Reg. No. F-458 Survey Reg. No. 101033-00 To: TRANSMITTAL LETTER Erika Bridges Graduate Engineer City of College Station P.O . Box 9960 College Station, Texas 77842 DATE: RE: April 17, 2015 Bridgewood Subdivision, Phase 2 PRJT No.: 10530014 Phone: (979) 764-3570 Fax: (979) 764-3496 ATTACH. DESCRIPTION 1 Engineer's Opinion of Probable Construction Costs Remaining THESE ARE BEING SENT: ~ At your request 0 For your signature 0 For your approval stamp/signature 0 For files REMARKS: 0 For your information ~ For further action as noted ~ For review and approval 0 At request of _____ _ 0 Per our conversation 0 Per contract 0 For your use 0 Original will follow by mail Please find attached the our estimate showing the construction cost remaining. Please have Ray Argersinger review this estimate as soon as possible so Matt can get the bond issued the first part of next week. We are working to have the bond and letter describing the remaining work to you by April 23rd so the Phase 2 Final Plat can be placed on the May 7th meeting. F:\1053 -Randy French\0014 -Bridgewood Phase 1\Construction\Construction -Phase 2\COCS -EBridges01 -TLetter.odt Engineer's Opinion of Probable Construction Costs Remaining Bridgewood Subdivision, Phase 2 MBESI No. 10530014 As of April 17,2015 ITEM DESCRIPTION CONTRACT TOTAL COMPLETED %COMP AMOUNT TO DATE REMAININ G UNIT QTY. UNIT PRICE QTY. AMOUNT 1.00 Site Preparation 1.01 Mobilization LS $65,000 .00 0.6 39000 60.0% $26,000.00 1.02 Clearing and Grubbing AC 12.5 $1,600.00 12.5 20000 100.0% $0.00 2.00 Street Improvements 2.01 Earthwork (Cut: ±7,348 CY /Fill: LS $190,450.00 0.8 152360 80.0% $38,090.00 ±19,145 CY) 2.02 6" Lime/Cement Stabilized SY 9329 $2.05 0 0 100.0% $0.00 Subgrade (5% by weight) 2.03 Lime/Cement for Stabilized TN 104.95 $162.65 0 0 100.0% $0.00 Subgrade 2.04 6" Crushed Limestone Base SY 6671 $10.75 0 0 0.0% $71 ,713.25 2.05 2" HMAC Surface Course (including SY 6671 $11 .58 0 0 0.0% $77,250.18 prime coat) 2.06 Concrete Curb and Gutter (all types) LF 4594 $11 .50 0 0 30.0% $36,98 1.70 2.07 6" Reinforced Concrete Pavement SY 777 $35.10 0 0 0.0% $27,272.70 2.08 4" Concrete Sidewalk (5' wide) SF 23889 $3 .70 0 0 0.0% $88 ,389.30 2.09 TAC/ADA Ramp w/Truncated EA 4 $650.00 0 0 0.0% $2 ,600.00 Domes and Contrasting Color (SW3-05) 2.10 TAC/ADA Ramp w/o Truncated EA 2 $500.00 0 0 0.0% $1,000.00 Domes and Contrasting Color (SW2-03) 2.11 6" PVC Cond uit LF 312 $13.75 93.6 1287 30.0% $3,003.00 (Gas/Irrigation/Cable/TV) 2.12 "Street Name" Signs and Post EA 6 $540.00 0 0 0.0% $3,240.00 3.00 Drainage System Improvements 3.01 18" RCP, CL Ill (0 - 5' Cut, Str. LF 135 $48.00 135 6480 100.0% $0.00 Backfill) 3.02 24" RCP, CL Ill (5' -8' Cut, Str. LF 304 $56.00 304 17024 100.0% $0.00 Backfill) 3.03 24" RCP, CL Ill (8' -10' Cut, Str. LF 16 $58.00 16 928 100.0% $0.00 Backfill) 3.04 24" RCP, CL IV (O' -5' Cut, Str. LF 35 $56.00 35 1960 100.0% $0.00 Backfill) 3.05 24" RCP, CL IV (O' -5' Cut, Non-LF 139 $54.00 139 7506 100.0% $0.00 Str. Backfi ll) 3.06 30" RCP, CL Ill (5 -8' Cut, Str. LF 41 $86.00 41 3526 100.0% $0.00 Backfill) 3.07 36" RCP, CL Ill (10' -12' Cut, Str. LF 136 $92.00 136 12512 100.0% $0.00 Backfill) 3.08 36" RCP, CL Ill (12' -14' Cut, Str. LF 293 $104.00 293 30472 100.0% $0.00 Backfill) 3.09 36" RCP, CL Ill (14' -16' Cut, Str. LF 132 $1 10.00 132 14520 100.0% $0.00 Backfill) Engineer's Opinion of Probable Bridgewood Subdivision, Phase 2 Page 1 of 4 Construction Cost Remaining MBESI No. 10530014 ITEM DESCRIPTION CONTRACT TOT AL COMPLETED %COMP AMOUNT • TO DATE REMAINING UNIT QTY. UNIT PRICE QTY. AMOUNT 3.10 42" RCP , CL Ill (8' - 1 O' Cut, Str. LF 255 $128.00 255 32640 100.0% $0.00 Backfill) 3.11 24" HOPE, ADS N-12 (5 ' -8' Cut, LF 349 $51.00 349 17799 100.0% $0.00 Str. Backfill) 3.12 36" HOPE, ADS N-12 (8' -10' Cut, LF 221 $78.00 221 17238 100.0% $0.00 Str. Backfill) 3.13 36" HOPE, ADS N-1 2 (10' -12' LF 193 $84.00 193 16212 100.0% $0.00 Cut, Str. Backfill) 3.14 36" HOPE, ADS N-12 (12' -14' LF 45 $90.00 45 4050 100.0% $0.00 Cut, Str. Backfill) 3.15 42" HOPE, ADS N-1 2 (8' -10' Cut, LF 44 $96.00 44 4224 100.0% $0.00 Str. Backfill) 3.16 42" HOPE, ADS N-12 (10' -12' LF 40 $108.00 40 4320 100.0% $0.00 Cut, Str. Backfill) 3.17 42" RCP , CL Ill (10' -12' Cut, Str. LF 32 $136.00 32 4352 100.0% $0 .00 Backfill) 3.18 48" RCP, CL Ill (5' - 8' Cut, Non-Str. LF 146 $140.00 146 20440 100.0% $0.00 Backfill) 3.19 48" RCP, CL Ill (5' - 8' Cut, Str. LF 46 $185.00 46 8510 100.0% $0 .00 Backfill) 3.20 Trench Safety LF 2607 $1.00 2607 2607 100.0% $0.00 3.21 TV Inspection LF 5209 $2.50 0 0 0.0% $13,022.50 3.22 Standard 5' Recessed Inlet EA 8 $3,000.00 7.16 21480 90.0% $2,400.00 3.23 Standard 1 O' Recessed Inlet EA 8 $3,800.00 7.2 27360 90.0% $3,040.00 3.24 Drop Inlet (3' x 3') EA $3,500.00 0.9 3150 90.0% $350.00 3.25 Standard Junction Box (5.5' x 5.5') EA 5 $4, 100.00 4.5 18450 90.0% $2,050.00 3.26 Standard Junction Box (5' x 5') EA 1 $3,900.00 0.9 3510 90.0% $390.00 3.27 Standard Junction Box (4.5' x 4.5') EA $3,700.00 0.9 3330 90.0% $370.00 3.28 Standard Junction Box (4' x 4') EA $3,500.00 0.9 3150 90.0% $350.00 3.29 Standard Junction Box (3 .5' x 3.5') EA $3,300.00 0.9 2970 90.0% $330.00 3.30 Standard Junction Box (3' x 3') EA 2 $3 , 100.00 1.8 5580 90.0% $620.00 3.31 Headwall w/Wingwall (48" RCP) EA $10,000.00 0 0 0.0% $10,000.00 4.00 Sewer System Improvements 4.01 1 O" ASTM 03034, SOR 26, PVC LF 257 $30.00 257 7710 100.0% $0.00 4.02 8" ASTM 03034, SOR 26 , PVC LF 1730 $28.00 1730 48440 100.0% $0.00 4.03 6" ASTM 03034, SOR 26 , PVC LF 1141 $25.00 1141 28525 100.0% $0.00 4.04 Non-Str. Backfill (5'-8' Depth) LF 5 $18.00 5 90 100.0% $0.00 4.05 Non-Str. Backfill (8'-10' Depth) LF 142 $20.00 142 2840 100.0% $0.00 4.06 Str. Backfill (5'-8' Depth) LF 702 $16.00 702 11232 100.0% $0.00 4.07 Str. Backfill (8'-10' Depth) LF 628 $18.00 628 11304 100.0% $0.00 4.08 Str. Backfill (10'-12' Depth) LF 611 $21 .00 611 12831 100.0% $0.00 4.09 Str. Backfill (12'-14' Depth) LF 283 $24.00 283 6792 100.0% $0.00 4.10 Str. Backfill (14'-16' Depth) LF 428 $27.00 428 11556 100.0% $0.00 4.11 Str. Backfill (1 6'-18' Depth) LF 327 $30.00 327 9810 100.0% $0.00 4.12 Trench Safety LF 3126 $1 .00 3126 3126 100.0% $0.00 4.13 4' Dia. Manhole, 0-6 ft. deep w/Std. EA 16 $2,900.00 16 46400 100.0% $0.00 Rin g & Cover. 4.14 4' Dia. Manhole (Doghouse), 0-6 ft. EA $3,200.00 3200 100.0% $0.00 deep w/Std. Ring & Cover. 4.15 4' Dia. Manhole Additional Depth VF 80 $250.00 80 20000 100.0% $0.00 Engineer's Opinion of Probable Bridgewood Subdivision, Phase 2 Page 2 of 4 Construction Cost Remaining MBESI No. 10530014 ~ ITEM DESCRIPTION CONTRACT TOTAL COMPLETED %COMP AMOUNT TO DATE REMAINING UNIT QTY. UNIT PRICE QTY. AMOUNT 4.16 6" Drop Structure (External) EA 3 $850.00 3 2550 100.0% $0.00 4.17 4" Service Drop Structure (Internal) EA 7 $600.00 7 4200 100.0% $0.00 4.18 Sewer Service Single Service -EA 4 $1 ,500.00 4 6000 100.0% $0.00 Short Side 4" ( < 20') 4.19 Sewer Service Single Service -EA 2 $2 , 100.00 2 4200 100.0% $0.00 Long Side 4" (>20') 4.20 Sewer Service Double Service -EA 17 $1,900.00 17 32300 100.0% $0.00 Short Side 4" ( < 20') 4.21 Sewer Service Double Service -EA 17 $2,500.00 17 42500 100.0% $0.00 Long Side 4" (>20') 4.22 TV Inspection EA 3128 $2.50 0 0 0.0% $7,820.00 5.00 Water System Improvements 5.01 8" AWWA C900, CL 235, PVC LF 1166 $32.00 1166 37312 100.0% $0.00 Water Line, Non-Str. Backfill 5.02 8" AWWA C900, CL 235, PVC LF 8 $28.00 8 224 100.0% $0.00 Water Line, Str. Backfill 5.03 6" AWWA C900, CL 235, PVC LF 1804 $28.00 1804 50512 100.0% $0.00 Water Line, Str. Backfill 5.04 6" AWWA C900, CL 235, PVC LF 83 $25.00 83 2075 100.0% $0.00 Water Line, Non-Str. Backfill 5.05 4" AWWA C900, CL 235, PVC LF 302 $20.00 302 6040 100.0% $0.00 Water Line, Str. Backfill 5.06 Trench Safety LF 103 $1 .00 103 103 100.0% $0.00 5.07 12" Gate Valve EA 1 $2,310.00 2310 100.0% $0.00 5.08 12" D.I. Tee EA 1 $600.00 600 100.0% $0.00 5.09 12" x 8" Reducer EA 1 $400.00 1 400 100.0% $0.00 5.10 12" Anchor Coupling EA 2 $350.00 2 700 100.0% $0.00 5.11 8" Gate Valve EA 3 $1,400.00 3 4200 100.0% $0.00 5.12 8" D.I. 45 deg. Bend EA 4 $350.00 4 1400 100.0% $0.00 5.13 8" Anchor Coupling EA $285.00 285 100.0% $0.00 5.14 6" Gate Valve EA 4 $868.00 4 3472 100.0% $0.00 5.15 6" 0 .1. Tee EA 1 $350.00 1 350 100.0% $0.00 5.16 6" 0 .1. 45 deg Bend EA 3 $300.00 3 900 100.0% $0.00 5.17 6" D.I. 22.5 deg Bend EA $300.00 300 100.0% $0.00 5.18 6" 0 .1. 11 .25 deg Bend EA 5 $300.00 5 1500 100.0% $0.00 5.19 4" Gate Valve EA $680.00 680 100.0% $0.00 5.20 4" 0 .1. 45 deg. Bend EA 1 $280.00 280 100.0% $0.00 5.21 4" 0.1. 11.25 deg. Bend EA 3 $250.00 3 750 100.0% $0.00 5.22 4" Anchor Coupling EA $260.00 1 260 100.0% $0.00 5.23 Fire Hydrant Assembly EA 3 $3,450.00 3 10350 100.0% $0.00 5.24 2" Blow-off Riser EA 2 $1 ,200.00 2 2400 100.0% $0.00 5.25 Single Water Service -Short Side EA 9 $1 ,100.00 9 9900 100.0% $0.00 4" (< 20') 5.26 Single Water Service -Long Side 4" EA 20 $1 ,500.00 20 30000 100.0% $0.00 (>20') 5.27 Double Water Service -Short Side EA 11 $1 ,650.00 11 18150 100.0% $0.00 4" (< 20') 5.28 Double Water Service -Long Side EA 20 $1 ,850 .00 20 37000 100.0% $0.00 4" (>20') 5.29 Connection to existing water line. EA 7 $800.00 7 5600 100.0% $0.00 Engineer's Opinion of Probable Bridgewood Subdivision, Phase 2 Page 3 of 4 Construction Cost Remaining MBESI No. 10530014 IT~M· DESCRIPTION CONTRACT TOTAL COMPLETED %COMP AMOUNT TO DATE REMAINING UNIT QTY. UNIT PRICE QTY. AMOUNT 6.00 Erosion Control Construction 6.01 Erosion Control Plan & LS $5,000.00 0.6 3000 60.0% $2 ,000.00 Sedimentation Control (includes monitoring , record keeping , grass seeding, and cleanup) 6.02 Hydroseeding and Fibermulch SY 3486 $0.45 0 0 0.0% $1,568.70 6.03 Drill Seeding AC 9.6 $1,400.00 0 0 0.0% $13,440.00 6.04 Silt Fence LF 3528 $2.65 3528 9349.2 100.0% $0.00 6.05 Inlet Protection EA 10 $80.00 8 640 80.0% $160.00 6.06 Entrance/Exit EA 1 $2,000.00 1 2000 100.0% $0.00 BRIDGEWOOD PHASE 2 COST OF REMAINING WORK: $433,451.33 The above estimate is based on the engineer's opinion of remaining construction costs for the above referenced project. This estimate constitutes our best judgment at this time and is based on pay applications submitted by the Contractor. Eng ineer's Opinion of Probable Construction Cost Remaining Bridgewood Subdivision, Phase 2 MBESI No. 10530014 Page 4 of 4 Project No. MBESI No. 10530014 THE STATE OF TEXAS PERFORMANCE BOND PERFORMANCE BOND #CNB-19557-00 § § § KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE BCS Development Company ' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- as Principal, hereinafter called "Developer" and the other subscriber hereto lnsurors Indemnity Company ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~• as Surety, do hereby acknowledge ourselves to be hel~ and firmly bound to the City of College Station, a municipal corporation, in the sum of Four hundred thirty three thousand four hundred fifty one and 33/100 cfollars-------------------------------------------($ 433,451 .33 ) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Developer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Developer has submitted to the City of College Station a plat for which the Developer must guarantee the performance of the construction of certain public improvements prior to final plat approval pursuant to Chapter 12,Section 8 of the Code of Ordinances of the City of College Station and as shown on said plat known as Bridgewood Subdivision, Phase 2 which was presented in full for preliminary approval before the City of College Station Planning and Zoning Commission on or about and which is fully made part hereof by reference thereto (the "Plat"); NOW THEREFORE, if the said Developer shall faithfully and strictly perform all terms, provisions, and stipulations of the Plat and of the applicable Code of Ordinances of the City of College Station in accordance with its true meaning and effect of each, including all provisions referred to therein and shall comply strictly with each and every provision thereof, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Developer with the terms of the Plat, including the making of payments thereunder and, having fully considered it's Principal's competence to perform to meet all the requirements therein in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Developer in the performance of his obligations pursuant to same and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Developer in all matters pertaining to the Developer's obligations to ensure the construction of certain public improvements as required by the Plat and by the Code of Ordinances of the City of College Station. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change to the Plat, to its ordinances and in the obligations of the Developer arising thereunder, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Developer and Surety will fully indemnify and save harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection with the work done by the Developer pursuant to the Plat and to the applicable provisions of the Code of Ordinances of the City of College Station. In the event that the City of College Station shall bring any suit or other proceeding at law regarding the above-referenced Plat, ordinances, or this bond or any combination, the Developer and Surety agree to pay to the City the actual amounts of attorney's fees incurred by the City in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WI1NESS THEREOF, the said Developer an Surety ave signed and sealed this instrument on the respective dates written below their signatures and have attache current Power of Attorney. ATIEST /WITNESS (SEAL) By: ~OL!~~ Name: Danielle Hinman Title: Witness Date: April 22, 2015 REVIEWED: City Attorney's Office Name:.e.:11Jy ~rf!nc·/,.., Title: Pre.;.Je.1+ Date: 'I /z. '9 /i 5' lnsurors Indemnity Company (Full Name of Surety) 225 South Fifth Street (Address of Surety for Notice) Waco, TX 76701 By: 0 OA~ Q_ y"Y\~ Name: Carol A Manuel Title: Attorney in Fact Date: April 22, 2015 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COILEGE STATION, TEXAS: City Manager t=.;i~!"'Wl-Wll!!~ ) ( ·. t-·s:. . • ;... \...,.t~ . .-· IU ~I J.\f'f l T\• COJ.•tli:-41 1 ~ POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-19557-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organii:ed and existing .under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Carol A. Manuel of the City of Bryan, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for ahd on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company·. Altestd~ i"t£-M-m~ +ammy,=iepen:ec,.eta State ofTexas County of Mclennan INSURORS INDEMNITY COMPANY ~E--1:t)t:0-- oave E. Talbert, President RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued In accordance with these Resolutions. Said Power of Attorney shall be executed In the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimne signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the: power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Exeautive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurers Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by Its Board of Directors on November 11, 2014, and that this Resolution is in full force and effecl I certify that the foregoing Power of Attorney Is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNllY COMPANY on this 22nd d!iY of April 2015 NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDllY OR WORDIN OF THIS POWER OF ATTORNEY, PLEASE CALL BOO 933 7444 OR WRITE TO US ATP. 0. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMA TION@INSURORSINDEMNITY .COM. ~SU P&C 8Ti 282 1625 BQnds 800 933 il+l+l. 1 •i n) ltl:'i" 11 '1' •• ,, •.'li f'A '11'· • 225 South Fifth Street PO Sox 26$3 \oV;lCQ, folQS 71>702·2683 IMPORTANT NOTICE -A VISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors Indemnity Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax:512-475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH TIDS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state. tx. us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de inforrnacion y no se convierte en parte o condicion del documento adjunto. in:::urorsind<?m nl .. co m • October 7, 2015 Alan Gibbs, PE City Engineer Development Engineering City of College Station 1101 Texas Avenue S College Station, TX 77840 Reference: Northpoint Crossing Subject: Hensel Street Bond Dear Alan, I sent you a request on August 27th to return $60,000 of the Hensel ond that the city had held as surety for the completion of the work. In that letter we agreed for the city to h d $2403 · the total original amount of $62,403 for establishment of the grass/vegetation. Since grass has grown, tre~~ita'r:ed, etc. please return the remaining funds held by the city to: Woodridge College Station I, LLC Attn: Rick Arambulo 1999 Avenue of the Stars, Suite 2850 Los Angeles, CA 90067 Amanda Wallis I • • August 27, 2015 Alan Gibbs, PE City Engineer Development Engineering City of College Station 1101 Texas Avenue S College Station, TX 77840 Reference: Northpoint Crossing Subject: Hensel Street Bond Dear Alan, It is agreed that the Hensel Street repair work is now accepted by the city and all obligations associated with the June 25th, 2014 letter written from Woodridge College Station I are finished. As you know, Woodridge College Station I has a cash bond that was placed for surety of this obligation in the amount of $62,403. Please return $60,000 of this bond to: Woodridge College Station I, LLC Attn: Rick Arambulo 1999 Avenue of the Stars, Suite 2850 Los Angeles, CA 90067 Woodridge is comfortable with the City of College Station holding $2403, the balance of the surety in exchange for the vegetation deficiency noted on the temporary cert of occupancy in Phase II. It is agreed and understood that this remaining amount will be returned when the required vegetation is established. Sincerely, Amanda Wallis /ARTICIPATION REQUEST OP REQUEST_# __ / CITY OF COLLEGE STATION .. 6ing and Development Services Project Name: Subdivision: Developer: Engineer/ Firm: Project Description: Total Cost Estimate: City Contribution Requested: Construction Schedule: Comments: P/DS Engineer Signature/ Date College Station Utilities Engineer Approval: Division Manager Approval: Director Approval: Comments: Bridgewood Subdivision Ph 1 Bridgewood Subdivision Ph 1 BCS Development, Inc. McClure & Browne Upsize 1,526 LF from 8" to 12" WL, and 366 LF of 12" WL $ 1,236,303.03 Water: $52,727.00 (4.3%) Early 2015 Upsize water line from 8-inch to 12-inch, and a 12-inch ~MA/t,,v4 ~ -2-°l --I <-1 I I I I FUND: Water Capital Imp £roject Fund Available: (included on 9/22/14 budget amendment) Current Request: $ __ ~s_2~, 1_21_.o~o Remaining Amount Available: $ n/a ~~~~~~~~- Finance Funding Source: WATER CAPITAL IMPROVEMENT PROJECT FUND Approval (Signature & Date): Note: Attach location map and engineer's estimate. I of I FOR CAPITAL IMPROVEMENT PROJECT BUDGET TRANSFER DATE: 9/22/14 FROM : PROJECT NAME & NUMBER ACCOUNT NUMBER AMOUNT ST0519 -Oversized Participation 139-911 1-971 . 30-20 construction $229,626 REASON FOR AVAILABILITY OF FUNDS: throughout the $229,626 from ST0519 -Funds are available in this project for oversized participation projects City. Bridgewoord OP approved by Council on 9-22-14. A total of $2,700,000 was authorized as GOB and $492,416 rema ins. TO: PROJECT NAME & NUMBER ST1425 -Bridgewood OP ACCOUNT NUMBER 139-9111-949.90-90 (Miscellaneous I Other JUSTIFICATION OF NEED FOR TRANSFER: part of the 03 AMOUNT $229,626 the oversizing On September 22 2014, Council approved an Oversized Participation agreement that includes of a street in the Bridgewood Subdivision. This transfer will establish the budget on the project t set u to track this ex enditure. Requested by : Alan Gibbsr ~ f ' Budget Review: Approved:~,.....____.,___~ , Approved: De pa rtm enfl:\I ea d <:;;:.._ '<C"" ~ <->--~""""~ Council Approved: ___ N_A ______ _ Approved: hat has been Budget Officer City Manager - ~w ~ ~o '),A}if1 Al -11 }ylV\~ ~<g,}8 J.""1-1 ,.J.1 ~ s ~J­ _41 ~o<rl o1 j.l\1'V M l/t O'h Q 1Q ~ iNJ~ £""!A 1 n-r -,5· i5L g-z J I "'9 3 '7 -z-z '15 "),/' 1L (I I J, J--1 1---Z L-zL -z~ - 15'/ LI 'A L1 2S ·oo~-fo~ L ....... h J., I 11 Z __J.( L --z... /7-z Z ~10 -- .. . : DATE: TO: FROM : SUBJECT: December 19, 2014 CITY OF COLLEGE STATION Home of Texas A&M University" MEMORANDUM Randy French, via; rfrench@stylecraftbuilders.com Mark Bombek, Staff Planner BARRON CROSSING (FP) Staff reviewed the above-mentioned final plat as requested . The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting: One ( 1) 24"x36" copy of the revised final plat; One (1) 24"x36" grading and erosion control plan ; Parkland Dedication in the amount of $98,358 must be submitted prior to the filing of the final plat; Upon receipt of the required documents for the Planning & Zoning meeting, your project will be considered formally filed with the City of College Station. Please note that this application will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all comments have not been addressed your project will not be scheduled for a Planning & Zoning Commission meeting . Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting. http://www.cstx.gov/pz Please note that a Mylar original of the revised final plat will be required after P&Z approval and prior to the filing of the plat. If you have any questions or need additional information, please ca ll me at 979.764.3570. Attachments: Staff Review Comments PC: Dale Browne, Jr., P.E., McClure & Browne Engineering/Survey, via; daleb@mcclurebrowne.com P&DS Project No. 14-00900283 Pllln11ing & Development Services P 0. BOX 9960 • llO! TEXAS AVENUE · COLLE.GE ST/'\TfON ·TEXAS · 77842 TEL. 979.764.3570 ·FAX. 979.764.34% cstx.gov/devservices PLANNING STAFF REVIEW COMMENTS NO. 1 Project: Barron Crossing (FP) (14-00900283) 1. Please remove the setback lines from the Final Plat. They are not required to be illustrated on this document. 2. Please provide the general note regarding the waiver request to Section 12-8.3,F,4 of the Unified Development Ordinance for the alleys between Block 2&3 and behind Block 8 that was granted to the development. 3. Please provide lot markers and to the plat. It is unclear where the lengths and curves identified on the plat start and finish. 4. Please remove the Certificate of the City Planner from the Plat. It is only required for Minor or Amending Plats. 5. In General note 2 please add on the 78 lots with 7 common areas, and 1 commercial lot. 6. Please add the acreage to Block 11 lot 1. 7. Please renumber the general notes to include number 3. It was left out of the count. 8. FYI the Parkland Dedication fee was determined by 78 lots x $1 ,261 per lot= $98,358. 9. Please note that any changes made to the plans that have not been requested by the City of College Station, must be explained in your next transmittal letter. Any additional changes on these plans that the City has not been made aware of will constitute a completely new review. 10. Please note that you may be required to submit paid tax certificates if they are not current prior to the filing of your plat. 11 . The construction documents and reports are still under review and may affect the plat. Reviewed by: Mark Bombek Date: 12-09-2014 ADDRESSING 1. Addresses for this project will be verified and distributed after the final plat has been approved and filed at the Brazos County Courthouse. 2. Please propose a new street name for Aurora Lane. The name, or a similar street name, already exists in College Station, Bryan, and/or the County. Please go to the following web site for a list of street names that already exist, and therefore, cannot be used. http://www.brazos911.dst.tx.us/msag/ 3. Please change Chinook Way to Chinook Court. Reviewed by: Robin Krause, Address Technician Date: 12/1/2014 ENGINEERING COMMENTS NO. 1 1. Please submit an NOi , Engineer's Cost Estimate, and TxDOT Permit for decal lane. 2. FYI ... The pavement striping and traffic control are still being reviewed by Danielle Singh, Transportation Planning Coordinator. 3. As a reminder, this property is located with the Spring Creek Sanitary Sewer Impact Fee Area ($144.01/LUE). These fees will be assessed with Building Permits. 4. C2.1 -Label the dark gray dashed line adjacent to Lot 1, Block 11 . 5. C3.3 -It looks like there should be vertical curves in a couple spots to smooth the transition . 6. Show/label the pavement markings or signage for the alleys functioning as fire lanes. 7. C3 .8 -(Inset J) Please verify that the Grasspave2 surface will support an 80,000 pound fire truck. If possible, provide a manufacturer's spec. 8. C3.8 -(Inset J) Is the hatched sidewalk area proposed to be enhanced since it needs to support a fire truck? 9. C4 .1 -How is JB1 .1 supposed to function? There doesn 't appear to be an outfall flowline labeled. 10. C4 .1 -Label the normal pool elevation. Are watertight lids and rings needed? 11 . C4.1 -JB1 .1, JB1 .2, and the storm sewer pipe between the junction boxes wi ll need to be privately owned and maintained since they are within the private detention pond. 12 . C4 .3 -The SD-8 storm sewer will need to be privately owned and maintained since it is primarily within the private detention pond . 13. C4 .3 -FYI ... A building permit is required for retaining walls 24" or higher. 14. C5 .1 -Please match soffits with the existing 15" pipe. 15. C5.1 -It looks like MH1 .1 should be labeled as a proposed dog-house manhole. Please also include Standard Detail S3-00. 16. C5.1 -Sanitary sewer crossing beneath drainage channel should have steel encasement per the Design Guidelines. 17. C5 .2 -Sanitary sewer crossing beneath drainage way should have a concrete cap with toe downs across the length of the creek. 18. C5 .1-5.3 -Label the waterline flowline where it crosses the sanitary sewer. 19. C5.1-5.3 -Please move service connections out from under pavement. 20. Plat/C6.1 -Additional PUE is needed on Lot 1, Block 3 such that the waterline is at least 5.5-ft from the edge of the easement. 21 . C6.1 -The profile shows a valve next to the fire hydrant at Sta.307. Please label and show in plan view. 22. C6 .1 -There is overlapping text on the profile near Sta.303. 23. C6.1 -It looks like the minimum 4-ft cover is not being provided around Sta.304+50. 24. C6.2/6.3 -Please move water service connections out from under pavement. 25. C6.1-6.3 -Where the waterline crosses the sanitary sewer, add a note that a joint of water pipe should be centered on the sanitary sewer. 26. C6.4 -Each lot needs to have a meter at the lot corner. 27. Drainage Report -According to Exhibit "B-2", GI 1.1 is supposed to is supposed to overflow directly into the detention pond. Looking at C4.1 , it looks like that water would be backed up to Chinook Way. Should there be depressed pavement and a curb cut a near GI 1.1 if the intent is to overflow to the pond? 28. Drainage Report -Exhibit "D-3" and the 100-yr HGL exhibits should demonstrate that the drainage is being contained within the right-of-way. Can lines representing the right-of-way elevation and 100-yr HGL be shown? 29. C9.4 -It looks like the alleys for this development are a little different from our standard detail ST1-06. Please provide a plan view detail for the alleys (similar to ST1-06). 30 . FYI ... Public infrastructure will need to be built or surety provided for it prior to the final plat being forwarded to P&Z. 31 . FYI. .. The total development permit fee, equal to 1 % of the total public infrastructure construction costs , must be submitted prior to issuance of the Development Permit. Reviewed by: Erika Bridges Date: 12/19/14 SANITATION 1. Sanitation is ok with this project. Reviewed by: Wally Urrutia Date: December 1, 2014 ELECTRIC 1. In order to provide electric utilities from the rear lot, additional side easements will be needed. Reviewed by: Weldon Davis Date: December 22, 2014 . ....,..~~~~~~~-,.-----·---C~rTY OF CoILEGE STATIO>:t-N~-----""',.,._,..,...,,..,...--111111-Home o/Texas A&M University• ,., MEMORANDUM DATE: November 24, 2014 TO : Randy French, via; rfrench@stylrcraftbuilders.com J FROM: Mark Bombek, Staff Planner SUBJECT: BARRON CROSSING (FP) Thank you for the submittal of your Final Plat -Residential application. Erika Bridges, Graduate Engineer II, and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Wednesday, December 10, 2014 . Please note that the current application only requires 6 copies of the proposed plat. The application submitted was from 2011 and required 14 copies. Please use the current application for future submittals. If you have questions, please feel free to contact us. PC: Dale Browne, Jr., P.E., McClure & Browne Engineering/Survey, via; daleb@mcclurebrowne.com J P&DS Project No. 14-00900283 Planning & Development Services P .0. BOX 9960 • 11 0 l TEXAS AVENUE • COLLEGE STl\TlON • TEXAS • 77842 TEL. 979.764.3570 ·FAX. 979 .764.3496 cst><.gov/devservices City of College Station Administrative Approval for Required Parkland Dedications of Less than Five Acres 1. Applicant Name:. ___________ --=B=C-=S'-'D=-e=-v~e~lo=p=m-'-'-=e'"'"nt,_C=-o=.'----------------- Address: ______________ 4=0=9=0_,S=t=at=e~Hc..:..:.;oig~h~w=a~y~6~S=-o=u~t.:..:.h ______________ _ Phone: ____ ----'9,_7~9--6~9~0~-~12=2=2~-----E-Mail : ____ ~rf'-'re'-'-n'""c-'-'-h=@=s'--'-ty'-'-1-=-ec=r-=a""'ft=b=u i""'ld"""e'-'-rs=·-=-co=m'-'-'----- 2. Development Name: Barron Crossing Project #: _ ___,1__,4_,-0"-'0'-.!:9=0=0.o:2.:::.83"'--- Development Location: ________ __,_W-'-'i""'llic=a.:..:.m.:....=.D....:.F....:.it=c.:..:.h~a:..:...n:..:::dc..:B::..:a::..:.r.:..:.ro::..:.n.:..-C=u,_t-=-off:..:....:...R=o=ac=d _________ _ 3. Dwelling Units: _N_ Single Fam ily __BL Single Family ___ Multi-family Un its, located in Neighborhood Park Zone _13 __ Multi-family Units, located in Community Park Zone A 4. Development Fees and Dedication Requirements: a. Land Dedication or Fee in Lieu of Land (Choose One): Neighborhood Community Single Family: One (1) acre per 117 DU's ____ ac One (1) acre per 128 DU's ___ ac = ______ ac Multi-family: One (1) acre per 117 DU's ac One (1) acre per 128 DU's ___ ac = ______ ac TOTAL = ______ Acres -OR- Fee Paid in Lieu of Land Dedication Neighborhood Community Single Family: 78@ $274.00 per DU $ 21 372 78@ $250.00 per DU$ 19 500 = $ __ 4~0~8~7=2 __ Multi-family: @ $274.00 per DU $ ____ _ @ $250.00 per DU $ ____ _ = $ ____ _ TOTAL (Neighborhood and Community) = $ __ 4'""0""'8"-'-7=2 __ b. Development Fee: Neighborhood Community Single Family: 78 @ $362.00 per DU $ 28,236 78 Single Family@ $375.00 per DU $ 29.250 = $ 57 486 Multi-family @ $362.00 per DU $ ___ _ Multi-family @ $750.00 per DU $ __ _ =$ __ _ TOTAL (Neighborhood and Community) = $ 57,486 5. Comments: ____________________________________ _ The City of College Station agrees to accept: GRAND TOTAL (Neighborhood and Community) 78 Units x $1,261 = $ ____ =9=8=35=8=------ Land Dedication ---------- Name Date DATE: TO: FROM : SUBJECT: MEMORANDUM RESPONSE TO STAFF COMMENTS December 19, 2014 Randy French, via; rfrench@stylecraftbuilders.com Mark Bombek, Staff Planner BARRON CROSSING (FP) Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting : One (1) 24"x36" copy of the revised final plat; One (1) 24"x36" grading and erosion control plan; Parkland Dedication in the amount of $98,358 must be submitted prior to the filing of the final plat; Upon receipt of the required documents for the Planning & Zoning meeting, your project will be considered formally filed with the City of College Station. Please note that this application will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all comments have not been addressed your project will not be scheduled for a Planning & Zoning Commission meeting. Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting . http://www.cstx.gov/pz Please note that a Mylar original of the revised final plat will be required after P&Z approval and prior to the filing of the plat. If you have any questions or need additional information , please call me at 979.764.3570. Attachments: Staff Review Comments PC : Dale Browne, Jr., P.E., McClure & Browne Engineering/Survey, via; daleb@mcclurebrowne.com P&DS Project No . 14-00900283 Planning & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE ·COLLEGE STATION ·TEXAS • 77842 TEL 979.764.3570 ·FAX. 979.764.3496 cstx.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: Barron Crossing (FP) (14-00900283) PLANNING (Response to comments by J. Dale Browne, Jr., P.E. in red.) 1. Please remove the setback lines from the Final Plat. They are not requi red to be illustrated on this document. Setback lines have been removed. 2. Please provide the general note regarding the waiver request to Section 12-8.3,F,4 of the Unified Development Ordinance for the alleys between Block 2&3 and behind Block 8 that was granted to the development. Note 19 has been added to address this comment. 3. Please provide lot markers and to the plat. It is unclear where the lengths and curves identified on the plat start and finish . Lot markers have been added as requested at curve Pl's and PT's. 4. Please remove the Certificate of the City Planner from the Plat. It is only required for Minor or Amending Plats. City Planner Certificate has been removed. 5. In General note 2 please add on the 78 lots with 7 common areas, and 1 commercial lot. 6. Please add the acreage to Block 11 lot 1. Note 2 was revised as requested. 7. Please renumber the general notes to include number 3. It was left out of the count. Notes were renumbers as requested. 8. FYI the Parkland Dedication fee was determined by 78 lots x $1 ,261 per lot= $98,358. Duly noted. 9. Please note that any changes made to the plans that have not been requested by the City of College Station , must be explained in your next transmittal letter. Any additional changes on these plans that the City has not been made aware of will constitute a completely new review. Duly noted. 10. Please note that you may be required to submit paid tax certificates if they are not current prior to the filing of your plat. Duly noted. 11 . The construction documents and reports are still under review and may affect the plat. Duly noted. Reviewed by: Mark Bombek Date: 12-09-2014 ADDRESSING (Response to comments by J. Dale Browne, Jr., P.E. in red.) 1. Addresses for this project will be verified and distri buted after the final plat has been approved and filed at the Brazos County Courthouse. Duly noted. 2. Please propose a new street name for Aurora Lane. The name, or a similar street name , already exists in College Station, Bryan, and/or the County. Please go to the following web site for a list of street names that already exist, and therefore, cannot be used. http://www.brazos911 .dst.tx.us/msag/ Aurora Lane has been renamed to Yukon Lane. 3. Please change Chinook Way to Chinook Court. As per my conversation with Ms. Krause, Chinook Way will remain as is. Reviewed by: Robin Krause, Address Technician Date: 12/1/2014 ENGINEERING COMMENTS NO. 1 (Response to comments by J. Dale Browne, Jr., P.E. in red.) @ Please submit an NOi , Engineer's Cost Estimate, and TxDOT Permit for decal lane. Contractor will submit NOi. Please find attached the engineer's cost ( ;estimate. A TxDOT permit has been submitted online. -"> ~1~11(.. ~ FYI ... The pavement striping and traffic control are still being reviewed by _;Danielle Singh , Transportation Planning Coordinator. Duly noted. -") t::Ns-t--..lo ~ml\.'\£rlt-:::, o/ As a rem inder, this property is located with the Spring Creek Sanitary Sewer I Impact Fee Area ($144 .01/LUE). These fees will be assessed with Building Permits. Duly noted. C2.1 -Label the dark gray dashed line adjacent to Lot 1, Block 11 . The dark Jgray dashed line has been removed . C3.3 -It looks like there should be vertical curves in a couple spots to smooth e transition. It should noted that this is a alley and not a road/street. I have oked at the grade changes and believe there will be no issues as designed. how/label the pavement markings or signage for the alleys functioning as fire lanes. Per my discussion with Stephen Smith with the Fire Department, Fire Lane Signs as per City Ordinances will be installed at the entry points of the allies and painted/worded fire lanes will not be required . @ C3.8 -(Inset J) Please verify that the Grasspave2 surface will support an 80 ,000 pound fire truck. If possible, provide a manufacturer's spec. I have spec Grasspave2 on numerous projects in College Station which have all been approved. I have had conversation with the Fire Marshall regarding the use of rasspave2 Refer to the attached additional information regarding the bearing apacity of Grasspave2. 3.8 -(Inset J) Is the hatched sidewalk area proposed to be enhanced since it eds to support a fire truck? A note regarding the enhanced sidewalk quirements was added to Inset J. 4.1 -How is JB1 .1 supposed to function? There doesn't appear to be an outfall flowline labeled . The junction box is submerged and discharges out of the JP of the junction box (.i .e. the junction box has an open top.) A note was added clarify that the junction box is open . 1 4.1 -Label the normal pool elevation. Are watertight lids and rings needed? The normal pool elevation is shown on the plans as 306.5'. As stated previously, the junction box has an open top. 11 4.1 -JB1 .1, JB1 .2, and the storm sewer pipe between the junction boxes will need to be privately owned and maintained since they are within the private detention pond . Duly noted . 12 . 4.3 -The SD-8 storm sewer will need to be privately owned and maintained "'j since it is primarily within the private detention pond. Duly noted. V· C4.3 -FYI ... A building permit is required for retaining walls 24" or higher. Duly noted. The retaining wall and SD-8 will be installed as part of Bridgewood Phase 1. V /c5.1 -Please match soffits with the existing 15" pipe. The 8" sewer line was 0\ ~aised (approximately 3 inches) as high as possible without causing clearance issue with Sewer Line SE-2 and the 60" Storm Drain (i .e. minimum clear 1 '-0''.) . C5 .1 -It looks like MH 1.1 should be labeled as a proposed dog-house manhole. Alease also include Standard Detail S3-00. Manhole has be labeled as a oghouse manhole and Detail S3-00 has been added to Sheet C9.2. 1 C5 .1 -Sanitary sewer crossing beneath drainage channel should have steel ncasement per the Design Guidelines. Steel Encasement has been added with he appropriate Detail S5-03 being added to Sheet C9.3. c::;.v C5 .2 -Sanitary sewer crossing beneath drainage way should have a concrete ap with toe downs across the length of the creek. Concrete cap has been added with the appropriate detail being added to Sheet C9.5. JC5 .1-5.3 -Label the waterline flowline where it crosses the sanitary sewer. Labels have been added. C5.1-5.3 -Please move service connections out from under pavement. Based on Erika's conversation with Stephen Maldonado, the connection can remain /under pavement. "'~~ 'iJ· Plat/C6.1 -Additional PUE is needed on Lot 1, Block 3 such that the waterline is ~ v ,it least 5.5-ft from the edge of the easement. An easement has been added. 4f Cf6.1 -The profile shows a valve next to the fire hydrant at Sta.307 . Please label v ~nd show in plan view. Gate valve has been labeled. 'Xj. ~ 6.1 -There is overlapping text on the profile near Sta.303. Overlapping text as been corrected. 6.1 -It looks like the minimum 4-ft cover is not being provided around ,... j~ta.304+50. The water line has been lowered to obtain 4-ft cover. \V t/ ~6.2/6.3 -Please move water service connections out from under pavement. Q ~sed on Erika's conversation with Stephen Maldonado, the connection can emain under pavement. . C6.1-6.3 -Where the waterline crosses the sanitary sewer, add a note that a int of water pipe should be centered on the sanitary sewer. Requested note as been added. 6.4 -Each lot needs to have a meter at the lot corner. Typical double service as been added so that a meters are located at the corners. rainage Report -According to Exhibit "B-2", GI 1.1 is supposed to is supposed ,/ / to overflow directly into the detention pond. Looking at C4.1, it looks like that C)Y water would be backed up to Chinook Way. Should there be depressed pavement and a curb cut a near GI 1.1 if the intent is to overflow to the pond? The top of the curb that is adjacent to the pond is the low point at an elevation 312.00. During a 100-year storm event, water would backup into Alley D but ould start overflowing the curb into the detention pond. All of the water would e contained within the R.O.W. rainage Report -Exhibit "D-3" and the 100-yr HGL exhibits should demonstrate r;JV that the drainage is being contained within the right-of-way. Can lines representing the right-of-way elevation and 100-yr HGL be shown? As we discussed , Exhibits "C-1 " and "C-2" has the information that shows the 100-yr HGL will be contained within the R.O.W. L9.4 -It looks like the alleys for this development are a little different from our standard detail ST1 -06. Please provide a plan view detail for the alleys (similar to ST1-06). As we discussed, Sheet C9.4 shows the alley section views that are /"\similar to City detail ST1 +06. \3JY. FYI ... Public infrastructure will need to be built or surety provided for it prior to the O~nal plat being forwarded to P&Z. Duly noted. \D_.k YI ... The total development permit fee, equal to 1 % of the total public infrastructure construction costs , must be submitted prior to issuance of the Development Permit. Duly noted. Reviewed by: Erika Bridges Date: 12/19/14 SANITATION 1. Sanitation is ok with this project. Duly noted. Reviewed by: Wally Urrutia Date: December 1, 2014 ELECTRIC 1. In order to provide electric utilities from the rear lot, additional side easements will be needed. Duly noted. Additional easements have been added as per discussions with Weldon Davis. Reviewed by: Weldon Davis Date: December 22 , 2014 Erika Bridges From: Erika Bridges Sent: To: Wednesday, January 28, 2015 6:04 PM 'DaleB' Cc: Mark Bombek Subject: RE: MBESI No. 10530027 -Barron Crossing Dale, Mark reviewed the resubmittal and had no further comments. I have just a couple of minor items and then some general reminders. Comments: 1. Please email the grasspave 2 spec, as it didn't make it into the submittal package. 2. Storm sewer SD-8, JB1.1, JB1.2 and the storm line between JB1 .1 & JB1.2 should be labeled as "private." Additionally, a small note should be added indicating that it will be privately owned and ma intained by the HOA. (This can be added by hand to the 2 sets we already have if you would like.) General Reminders: 1. We will need a minimum of 5 sets of construction plans for stamping. (3 sets if you would like to add revisions to the ones we have.) 2. The NOi will need to be submitted by the contractor when he picks up the DP. 3. The outstanding DP Fee Balance of $12,645.68 is due before the DP will be released. 4. The TxDOT Permit will need to be approved prior to any construction in the TxDOT ROW. 5. Since the Developer has opted to build the infrastructure required with platting, a Letter of Completion will be needed prior to the plat being forwarded to P&Z. When we get closer to setting a meeting date for P&Z, we will need a few additional items such as 13-11x17 copies of the plat, the plat mylar, updated tax certificates, etc. Please let us know if you have any questions. Thanks, Erika From: DaleB [mailto:daleb@mcclurebrowne.com] Sent: Tuesday, January 27, 2015 4:37 PM To: Mark Bombek; Erika Bridges Subject: MBESI No. 10530027 -Barron Crossing What is the status of the approval of final plat and construction drawings for Barron Crossing? Any status update would be great full. Dale J. Dale Browne, Jr., P.E., CFM President McClure & Browne Engineering/Surveying Inc. 1008 Woodcreek Drive, Suite 103 1 College Station, TX 77845 (979)693-3838 www.mcclurebrowne.com CONFIDENTIAL NOTICE: The information contained in this transmission is considered by the sender to be confidential. This material is intended only for use of the recipient named above. If the reader or other recipient of this material is not the intended recipient named above, please notify me and delete this transmission. Thank you. ELECTRONIC FILE USE AGREEMENT: It is understood and agreed that McClure & Browne Engineering/Surveying, Inc., upon release of these electronic files, is no longer responsible for their use or modification. The user of the attached electronic media accepts full responsibility and liability for any consequences arising out of the use of this electronic data. 2 CITY OF COIJEGE STATION Home of Texas A&M University" FOR OFFICE USE ONLY CASE NO.: \'1-263 DATE SUBMITTED: 0\ \ \'2-) Is TIME: 4:50 STAFF: ~f<I------=~------ PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. D New Project Submittal 1/\ D Incomplete Project Submittal -docurl\ents needed to complete an application. Case No.: Existing Project Submittal. Case No.: 14-00900283 Project Name Barron Crossing Contact Name J. Dale Browne, Jr., P.E. Phone Number 979-693-3838 ~~~~~~~~~~~~~~ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Non-Residential Architectural Standards D Rezoning Application D Irrigation Plan D Conditional Use Permit D Variance Request D Preliminary Plan D Development Permit D Final Plat D Development Exaction Appeal D Development Plat D FEMA CLOMNCLOMR/LOMNLOMR D Site Plan D Grading Plan D Special District Site Plan D Other -Please specify below D Special District Building I Sign D Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: D Comprehensive Plan Amendment [8J TxDOT Driveway Permit D TxDOT Utility Permit D Drainage Letter or Report D Fire Flow Analysis Response to Comments No. 1. Special Instructions: [8J Waterline Construction Documents [8J Sewerline Construction Documents [8J Street Construction Documents D Easement Application [8J Other -Please specify Please insert the Drainage Report sheet into the existing drainage report to reference the the street name change from Aurora Lane to Yukon Lane. 10/10 Print Form N i R R E RS GS R-1B D T Rural Estate Restricted Suburban General Suburban Single Family Residential Duplex Townhouse R-4 R-6 MHP 0 SC GC Cl BP vr DEVELOPMENT REVI EW Multi-Famliy High Density Multi-Family Manufactured Home Park Office Suburban Commercial General Commercial Commercial-Industrial Business Park BPI NAP C-3 M-1 M-2 C-U R&D P-MUD Business Park Industrial Natural Areas Protected Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development BARRON CROSSING lease: : 14-283 POD WPC NG-1 NG-2 NG-3 ov ROD KO R Planned Development District Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay FINAL PLAT I DEVELOPMENT REVIEW N · i-· ~; i~ ·-~-; ,,.: . ' Scale: 1 Inch= 275 Feet Area: 13.404 Acres (583,879.30 Square Feet) 14-283 FINAL PLAT BARRON CROSSING ACRES 13.404 Area : 13.404 Acres (583,879.30 Square Feet) Perimeter: 3936.589 Feet Gap= 0.019 l. S51°24'07"E 11.84' 5. S63°12'47"E 142.29' 2. S53°15'41"E 134.68' 6. S68°02'43"E 355.54' 3. S55°37'11"E 213.41' 7. S74°26'54"E 213.31' 4. S59°45'42"E 213.41' 8. S78°20'31"E 109.79' GAP error cannot be greater than 0.10 (See SOP for Exceptions) 9. S38°53'08"W 523.17' 10. so1 °11'24"E 61.80' 11. S41 °15'56"E 72.23' 12. S48°57'40"W 131.06' CLOSED 11-25-2014 BR 13. N41°02'20"W 181.85' 17. 14. N43°48'58"W Chl50.24' Radl55IB5 15. N46°35'37"W 406.91' 16. N48°49'16"W 120.71'