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R2024-165 2024-08-12
RESOLUTION NO. R2024-165 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a Fourth Amended Development Agreement with Massey Oaks Development, LP, (“Developer”) reciting the amended responsibilities of the City and Developer associated with the development of a residential community (Massey Oaks); and authorizing an Assignment and Assumption Agreement related to the Fourth Amended Development Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Fourth Amended Development Agreement, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That certain Assignment and Assumption Agreement, a copy of which is attached hereto as Exhibit “B” and made part hereof for all purposes, is hereby authorized and approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the attached Fourth Amended Development Agreement and authorizing an Assignment and Assumption Agreement related to the Fourth Amended Development Agreement. PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2024. _________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCIS AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 6815DD27-7F60-49EB-9234-516B409FF203 Exhibit A to Resolution R2024-165 FOURTH AMENDED DEVELOPMENT AGREEMENT THIS FOURTH AMENDED DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the Effective Date by and between the CITY OF PEARLAND, TEXAS, a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend, Texas (the "City"), and Massey Oaks Development LP (the "Developer"). The City and the Developer aie collectively referred to herein as the "Parties". RECITALS A. The City previously passed resolution R2017-86 on May 17, 2017 approving the Development Agreement between the City and First Capital Partners, LLC effective May 17, 2017 ("Original DA"); and subsequently authorized the Assignment of the rights and obligations of First Capital Partners under the Original DA to Developer; and the City previously passed resolution R2021-148 approving the First Amended Development Agreement ("2021 DA"); and the City previously passed resolution R2022-97 approving the Second Amended Development Agreement ("2022 DA '); and the City previously passed resolution R2024-96 approving the Third Amended Development Agreement ("2024 DA'); and the Parties desire to modify the original DA as modified by the 2021 DA, the 2022 DA and the 2024 DA (collectively the "Prior Agreement") as set forth herein this Agreement. B. Capitalized terms used in these recitals are defined in Article 1 below. C. The Developer is developing and improving, in various phases, all or a portion of the Property as a planned residential community and other uses permitted in conformance with the PD. D. The Property is currently located within the City's municipal boundaries, as pursuant to the terms and conditions of the Original DA. Developer voluntarily requested the City to annex that portion of the Property not then located within the City s municipal boundaries so that all the Property will be wholly located in the City s municipal boundaries following such annexation. E. The Parties agreed that the creation and operation of a Municipal Utility District within the Property is essential to provide for the planning, financing, construction, operation and maintenance of the public infrastructure and improvements described in this Agreement without imposing an undue burden on the City and its residents and taxpayers The City consented to the creation of the MUD. The Developer and the City also created a PD over the Property to facilitate the orderly development of the Property. F. The development of the Property has progressed since 2017 and portions of the Property have been platted, infrastructure installed/accepted by the City, completed lots sold to builders and completed houses with lots sold to individual homeowners. Other portions of the Property are in the development process with lots close to completion. G. Developer intends to sell the Project to Meritage Homes of Texas, LLC an Arizona limited liability company (`Meritage") and/or Meritage and CastleRock Communities LLC, a Delaware limited liability company (`CastleRock") (or an affiliate thereof) pursuant to the 1 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Purchase Agreements, which buyer intends to complete the Project, and Developer intends to assign this Agreement to the buyer which intends to assume all obligations and succeed to all rights hereunder. H. To facilitate the development of the Property, the City and the Developer have agreed to take certain actions and to finance and construct, or cause to be financed and constructed, various public improvements. I. This Agreement has been submitted to the City for consideration and review, and the City has taken all actions required to be taken prior to the execution of this Agreement to make the same binding upon the City according to the terms hereof. J. The City after due and careful consideration, has concluded that the development of the Property as piovided for herein will further the growth of the City, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, foster increased economic activity within the City, increase employment opportunities within the City, upgrade public infrastructure within the City, and otherwise be in the best interests of the City by furthering the health, safety, morals and welfare of its residents and taxpayers. K. This Agreement is authorized by Texas Law, including but not limited to, TEX. Loc. Gov'T CODE Sec. 212.071, et. seq., and 212 171 et seq., and Ch. 380. L. It is the intent of the Parties to set forth herein the mutual agreements, covenants and commitments between the Parties regarding the Property and the Parties acknowledge that they are proceeding in reliance upon the purposes intent, effectiveness and enforceability of this Agreement. 2 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 AGREEMENT NOW, THFREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration the receipt and sufficient of which are hereby acknowledged the Paities hereby agree that the Prior Agreement is hereby amended and restated in its entirety as set forth in this Agreement as follows, subject to the conditions precedent (the "Contingencies") in Section 6.20 below: ARTICLE I DEFINITIONS; INCORPORATION OF RECITALS 1.1 Definitions. Capitalized terms used herein, including the recitals hereto, shall have the meanings set forth in this section, unless otherwise defined, or unless the context clearly requires another definition. Acceptance is defined as the final administrative approval by the City of the public infrastructure within a subdivision shown on a recorded approved final plat for which a particular platted lot is located. Agreement is defined in the preamble hereof and includes any subsequent written amendments or modifications made pursuant to Section 7.8 hereof. City means the City of Pearland, Texas, a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend, Texas City Obligation means, as to the Water Distribution System described in Sec. 4.3 (c), the agreement of the City to contribute to the Developer the cost for materials to oversize the relevant water lines in order to piovide capacity for other future development in the area. The dollar amount shown is an estimate of the difference in cost for larger pipe and related materials and is not a minimum to be contributed, noi a maximum. The actual amount will be determined by bids for the project. The Developer shall install the water lines and the City s only obligation is to fund the oversize portion of the cost of pipe and related materials. City Regulations means the regulations, standards, codes and ordinances of the City governing the platting or re -platting of land into subdivisions and development of said land in effect as of May 17, 2017, the effective date of the Original DA. Developer means Massey Oaks Development, LP and includes any subsequent developer, whether one or more and whether or not related to the Developer or otherwise a related party of the Developer or a partnership or other entity in which the Developer is a partner or participant, of all or any portion of the Property that specifically acquires by whole or partial assignment by operation of law or otherwise the rights and obligations of the Developer under this Agreement in accordance with Section 6.9 hereof Developer Obligation means as to any component of the Required Regional Infrastructure, the specific required infrastructure to be installed by the Developer at its cost. A listed dollar 3 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 amount is the estimated costs, but the Developer is not required to expend that full amount, and such amount is not a maximum the Developer is required to expend. Effective Date means May 22, 2017 (the effective date of the Original DA), as it is a restatement of the Original DA, the 2021 DA and the 2022 DA, subject to approval from and execution by both Parties. Lew Tract means the approximately 75-acre tract legally described as Ti act 3 and Tract 4 in Fxhibit A originally owned by an affiliate of the prior developer of the Project, but now owned partly by Massey Oaks BTR, LLC and partly by Developer. The obligations of Developer as to Key 4A to the extent CR 100 abuts the north portion of the Lew Tract were assigned by Developer to, and assumed by, Massey Oaks BTR, LLC pursuant to a partial assignment and assumption of this Agreement Massey Tract means the approximately 357-acre tract legally described as Tract 1 and Tract 2 in Exhibit A. MUD means Brazoria County Municipal Utility District No. 69. Person means any individual, partnership, association, firm, trust, estate, public or private corporation, or any other legal entity whatsoever. Phase means a defined portion of the Project, as identified on Exhibit A-2 attached. Project means the real estate development planned for the Property, as more fully described in Paragraph C of the recitals hereto, known as "Massey Oaks", to be developed in multiple Phases. Property means the approximately 432-acre tract legally described as Tract 1, Tract 2, Tract 3, and Tract 4 in Exhibit A attached hereto and made a part hereof and shown on the site plan attached as Exhibit A-1, with the exception of any current record title owner of a platted lot or reserve, such as a residential homeowner or a residential building company PD means the Planned Development for the Property originally adopted pursuant to the City of Pearland Unified Development Code on July 24, 2017 by Ordinance No 2000M-157, as amended. Party or Parties means all or any of the City and the Developer, as applicable, and their respective successors and/or permitted assigns. Purchase Agreements means the contracts for the purchase and sale of lots, as amended, between Developer as seller and each of Meritage and CastleRock as buyers. Required Bond means a surety bond naming the City as obligee in the full amount of the estimated cost of the Required Regional Infrastructure (per Section 4.3 Tables 1, 2 & 3) required by Section 4.3(a) which bond includes the following statement: 4 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 "We understand and agree that the only requirement necessary for drawing any part or all of the total amount of this bond is a letter of request from the City of Pearland signed by the City Manager or their designee and accompanied by an Affidavit of the City Fngineer that the City of Pearland considers such drawing of this bond amount necessary pursuant to that certain Fourth Amended Development Agreement between Massey Oaks Development LP and the City of Pearland. No further substantiation of the necessity of the draw is required by this bond.' Required Easements means public easements or rights of way, as appropriate, for the Required Regional Infrastructure, dedicated by the relevant landowners to the public or the City (voluntarily, under threat of eminent domain or by eminent domain action), in locations consistent with the City Major Thoroughfare Plan to provide for the ultimate expansion of the City road and utility systems. Required Regional Infrastructure means the offsite regional public infrastructure improvements listed in Table 1 Sec. 4.3(b) for Roadways, Table 2 Sec. 4.3(c) for Water Distribution System, and Table 3 Sec. 4.3(f) for Wastewater Collection System as further defined on Exhibit B attached (cost estimates and supporting documentation), and Required Easements therefore, which are required by the City to be installed by the Developer at its expense subject to limited reimbursement by the City for certain oversizing of underground utilities, and the potential future reimbursement from potential future private land owners developing area property and tapping into that infrastructure. SIA means a Subdivision Improvements Agreement (SIA) between the Developer and the City substantially in the form attached as Exhibit H. TCEQ means the Texas Commission on l�nvironmental Quality and its successors. Service Area means the area that can be served by the proposed Harkey Road trunk main sanitary sewer as shown in Exhibit G. 1.2 Recitals incorporated. The representations, covenants and recitations set forth in the recitals to this Agreement are material to this Agreement and are hereby found and agreed to be true and correct and are incorporated into and made a part hereof as though they were fully set forth in this article. ARTICLE II COOPERATION The Parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications (and, in the City's case, the adoption of such ordinances and resolutions) as may be necessary or appropriate, from time to time to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. 5 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 ARTICLE III EFFECTIVENESS OF AGRFEMFNT This Agreement shall become effective on the Effective Date. ARTICLE IV DEVELOPMENT AND USF OF THE PROPERTY AND CONSTRUCTION OF IMPROVEMENTS 4.1 City's obligations. (a) Subject to the exercise of its discretionary authority and to the extent permitted by law, the City intends to take the following actions, and agrees to use its best efforts to do so: (i) Consent to the creation of a MUD over the Property per the City's standard consent conditions for the creation of municipal utility districts, when requested by the Developers; (ii) Enter into a Utility Services Agreement with the Developer and a MUD2; (iii) Create the PD over the Property which will provide the appropriate zoning for single family residential and compatible uses substantially consistent with the site plan attached as Exhibit A-13. (iv) Pursuant to and in compliance with the Utility Services Agreement (and to the extent not provided by the MUD within its boundaries), commit to provide the water production and wastewater treatment capacity ultimately required by the Project. Approval of the first preliminary plat for the Property will formalize such commitment. City approval of the first preliminary plat binds the City to an ultimate commitment of water and wastewater capacity to serve the Project which is expected to include appioximately 1,600 equivalent single-family connections4; (v) Provide water and wastewater connections as required by the Project and as shown on the Developer's projected build -out schedules5; (vi) Work with the Developer to obtain all necessary approvals, permits and consents from Brazoria County, the City of Manvel and/or the City of Alvin with respect to off -site improvements; t Satisfied by Ordinance No. 1541. 2 Satisfied by Resolution No. 2021-148. 3 Satisfied by Massey Oak PD. 4 The Massey Oaks PD has grown from appioximately 1,000 units originally to approximately 1 600 units as of the Effective Date and may grow in the futute upon City approved expansion of the PD and the MUD. 5 Satisfied by Agreement between the MUD and the City approved by Resolution No. 2021-148 . 6 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 (vii) Acquire Required Easements at Developer's cost, and utilize eminent domain where necessary, provided, however, nothing contained in this Agreement shall preclude the MUD from independently exercising its own eminent domain authority (viii) Annex those portions of the Property not currently within the corporate limits of the City, on the petition of the landowner and (ix) Establish and administer the cost recovery program as described in paragraph 4.3(d) for certain of the Required Regional Infrastructure. 4.2 Developer's obligations. (a) The Developer intends to take the following actions, and agrees to use its best efforts to do so: (i) Petition the TCFQ or the Legislature of the State of Texas for the creation of a MUD over the Property$; (ii) Prepare and implement the PD, including the adoption of deed restrictions and other restrictive covenants consistent with the PD and relevant City regulation9; (iii) Assemble and purchase the Property for ownership and development10; (iv) Oversee and construct Required Regional Infrastructure, such as water, sanitary sewer and drainage facilities, within the Required Easements therefore; (v) Coordinate with the City on obtaining Required b asements, and provide the required funding 11; (vi) Pay or cause to be paid water and sewer impact fees to the City; (vii) Pay or cause to be paid park dedication fees to the City at the time of building permit for each residential lot; (viii) Advertise and market the Project; (ix) Pay property taxes on the Property; 6 Satisfied by the Developer and the City with all Required Easements recorded. Satisfied. 8 Satisfied by FIB 1962 85°i Tex. Leg. (2017) codified as Special District Local Laws Code Ch. 7970, eff. May '8, 2017. 9 Satisfied by the recording of Massey Oak Declaration. 10 Satisfied. 11 Satisfied. 7 4866-5038-8435.v4 Exhibit A to Resolution R2024 165 (x) Maintain the Property; (xi) Design and construct the Project and pay associated land planning, legal, architectural, engineering, surveying, and design expenses; (xii) Provide the City with each preliminary plat application, as appropriate for the stage of the Project, projected build -out schedules for the purpose of providing water and wastewater capacity to the Project; (xiii) Provide to the City with each preliminary plat application, as appropriate for the stage of the Project, those documents necessary to coordinate the development of the Project, including conceptual plans and documents which detail timelines, construction schedules and marketing information; (xiv) Petition the City (or cause the landowner to do so) for annexation of those portions of the Property not currently within the corporate limits of the City12; and (xv) Communicate and coordinate with Pearland Independent School District ("PISD") and Alvin Independent School District ("ATSD') regarding the boundaries of those districts as they exist within the Project and to allocate individual lots on the boundary line between those districts13. 4.3 Developer and City Obligations relating to the construction of Required Regional Infrastructure. (a) Generally. The respective obligations of each Party relating to construction of Required Regional Infrastructure are defined in this Section 4.3 Fi ligible costs for each category Include the costs of construction, engineering, surveying, right-of-way or easement acquisition, and other reasonable and customary costs dii ectly related to design and construction of the improvements. The City will permit Required Regional Infrastructure to be installed at any time after preliminary plat approval, conditioned upon all of the following: (i) execution and delivery to the City of a fully executed SIA, if applicable; (ii) delivery of the Required Bond which represents one of the Contingencies enumerated in Section 6 20 of this Agreement; and (iii) approval by the City or County, as applicable, of construction plans, which shall not be unreasonably withheld, conditioned, or delayed. All Required Regional Infrastructure shall be constructed in accordance with the City's Engineering Design Criteria Manual, as amended Each construction contract must be bonded by both a payment and performance bond F.ach contractor shall be approved by the City or be on the City's approved contractor list. 12 Satisfied. 13 Satisfied. 8 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 (b) Roadway Obligations. The Developer shall install the required roadway improvements (including related stormwater facilities and laterals items listed in Table 1, and sidewalks) for the Pioject in conformance with the obligations listed in Table 1 and shown graphically on Exhibit C. The Developer will be responsible to finance, design, and construct the infiastructure improvements without any to rights of reimbursement from the City. The Required Easements shall be obtained by the City per Section 4.5, at the Developer's cost. Table 1 Key Road Facility Completion Developer Deadline Developer Obligation Obligation City Developer Obligation Obligation City 1 (Adjacent CR Property)14 100 to Refer to Table 1-1 boulevard) South and ROW crossing canal location, gutter as two GCWA concrete over approved lanes in ultimate including GCWA (%2 curb by None $8,146,624.14 $0.00 2 CR (West Property) 100 of Refer to Table 1-1 with asphalt reclamation ultimate surface North including County boulevard) asphalt the two reconstruction South per Standards ROW transitions lanes full and Brazoria 2-lane location, side depth riding ('/ in to None Included in Key 1 $0.00 3 CR Intersection 100 1128 & FM Refer to Table 1-1 Asphalt northbound lanes westbound and traffic nght signa turn and None Included in Key 1 $0.00 4 Harkey CR Intersection 100 Road & Refer to Table 1-1 Concrete intersection ROW lanes location in curb all in directions and ultimate Left gutter turn None Included in Key 1 $0.00 4A CR frontage)15 100 Tract (Lew Refer to Table 1-1 South boulevard) and ROW gutter two lanes concrete in location ultimate (1/2 curb None N/A See * below $0.00 5 North Road Harkey Acceptance 900th single Massey family of lot** Tract the existing Rehabilitation roadway 2-lane of asphalt the None Subject See to PCI below Testing. $0.00 6 South (CR Collector Road Harkey 100 to Rd) Acceptance 500th single or after twelve the Earlier Massey execution family 2024 months of of DA lot Tract the *** of concrete Four lane curb divided and gutter None $576,559.61 portion- completed) (remaining partially $0.00 14 Developer has completed Phase 1 of the planned detention for the Project and hereby reserves therein for the benefit of Key 1 the necessary detention for Key I work. 15 Developer's obligations with respect to Key 4A were previously assigned to and assumed by Massey Oaks BTR, 9 4866-5038-8435.v4 Exhibit A to Resolution R2024 165 Key Road Facility Completion Developer Deadline Developer Obligation Obligation City Developer Obligation Obligation Cty 7 South (Collector Hastings Cannon) Road Harkey Rd to Acceptance 8001h single Massey family of Tract lot the concrete from line ultimate eastern Hastings Four of collector lanes "Massey curb two ROW Cannon; divided and lanes to location south Tract"; gutter to in None $1,254,504.00 $0.00 8 Cannon (Adjacent Hastings Property) Road to Acceptance 800th single Massey family of Tract lot* the Northern boulevard) standards Brazona ROW two location asphalt County in lanes ultimate ('/z to None $1,574,694.00 $0.00 9 Cannon Property) Hastings Road of Acceptance 800th single Massey family of Tract lot* the Two with lane existing open asphalt ditch ROW road in None Included in Key 8 $0.00 (East Table 1-1 Milestone Deadline Developer enters a contract for construction and issue a Notice to Proceed Prior to acceptance of 475th Massey Tract single family lot Completed & Accepted Prior to acceptance of 650th Massey Tract single family lot Developer acknowledges that construction of off -site public roads is necessary to serve the Project. If Developer is not in compliance with any of the deadlines in Table 1-1, City may, in addition to other rights under the Required Bond, withhold the approval of any additional final plats so long as Developer remains out of compliance. * Developer's obligations for the Required Regional Infrastructure associated with the Lew Tract (Required Regional Infrastiucture Key 4A) were previously assigned to and assumed by Massey Oaks BTR LLC, a third party unrelated to Developer which is the new owner of the Lew Tract, whereupon Developer's obligation for those items has terminated. The related Required Regional Infrastructure shall be constructed in conjunction with the platting of the Lew Tract (Tract 3). ** City shall retain a qualified geotechnical engineering firm with offices in the Houston area to conduct a Condition Assessment addressed to both parties, in accordance with industry standards to update the roadway's Pavement Condition Index (PCI) at the 800th platted lot (Estimated cost of the Condition Assessment is $4,000, which will be paid by Developer). If the overall average PCI for the North Harkey Road section is below 70, Developer shall perform base repairs, then LLC per Section 6.9. I0 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 asphalt mill and overlay the roadway no later than the 900th platted lot. *** Or earlier if required as secondary access per City's current Engineering Design Criteria Manual or Fire Code A typical road cross section is attached as Exhibit D and all roads installed by Developer shall be installed substantially in accordance with Exhibit D. c) Water Distribution Obligations. The Developer shall install the required water distribution improvements foi the Project in conformance with the obligations listed in Table 2 and shown graphically on Exhibit E The Developer, by and through the MUD and/or independently, will be responsible to finance, design, and construct the infrastructure improvements, subject to the limited rights of reimbursement and participation by the City described herein. The Required Easements shall be obtained by the City per Section 4.5, at the Developer's cost. Table 2 Key Water Facility Developer Completion Deadline Developer Obligation City Obligation Developer Obligation City Obligation 10 (CR FM 101) 1128 100 to CR Completed accepted by and City 12" ultimate water main in Oversize 12" to 16" from NA(complete) NA easement 11 CR 100 1128 Rd) to Completed accepted by and City 12" ultimate water main in easement Oversize 12" to 16" from NA(complete) NA (FM Harkey 12 Veterans (CR 101) 100 Drive to CR 500th building Issuance single of permit* the family 16" ultimate water main in easement None" $2,914,362.50 $0.00 13 CR (Harkey Veterans 100 Rd Dr) to Issuance single building of family permit* the 500th 12" ultimate water Oversize 12" 16" Included in Key 12 $278,140.00 main in easement from to 14 Harkey (CR Collector)single 100 Road to Acceptance 500th MasseyTracct familylot* of the 12" ultimate water main in easement None Included in Key 6 $0.00 15 Harkey (Collector Hastings Cannon) Road to Acceptance 800th single Massey family ** of lot Ti the act 12" ultimate water main in easement None $277,840.00 $0.00 and * Developer must enter a contract for construction and issue a Notice to Proceed prior to the issuance of the 400th single family building permit. Developer acknowledges that construction of off -site water lines (Table 2• Keys 12, 13 and 14) are necessary to serve the Project. If Developer fails to comply with any of the deadlines contained herein for such off -site water lines, City mayin addition to other rights under the Required Bond withhold the approval of any additional building permits for single family residential homes or final plats filed after the date of City notice to Developer of a breach of this Agreement under Section 6.2 and thereafter so long as Developer remains out of compliance. **Or earlier if required by the Project's Master Water Plan issued pursuant to the City's current 11 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Engineering Design Criteria Manual. The City's sole obligation is to fund the additional pipe and appurtenances (i.e., valves and fittings) costs to upsize the noted water lines as shown. (d) Wastewater Collection Obligations. The Developer shall install the required wastewater collection improvements for the Project ("Wastewater Improvements") in conformance with the obligations listed in Table 3 and shown graphically on Exhibit F. The Developer, by and through the MUD and/or independently, will be responsible to finance, design, and construct the Wastewater Improvements without any rights of reimbursement or participation by the City, but subject to the reimbursement through the City from future development described herein. The Required Easements shall be obtained by the City per Section 4.5, at the Developer's cost. Table 3 Wastewater Facility size) (and Developer Completion Deadline Developer Obligation City Obligation Developer Obligation City Obligation 16 North Harkey (Ravenwood to 30" line CR sewer 100) Completed accepted by and City Gravity sufficient size the gravity to sewer depth accommodate service ultimate and of Establish administer cost program recovery and pro rata N/A(complete) $0.00 main area. service in 17 South Harkey (Lift and Main Station Foi ce Acceptance 500th single after twelve the Earlier Massey execution family 2024 of of DA Ti lot the act or of Sanitary and sufficient si the lift ze service station force to accommodate lift depth main service in station ultimate of and area Establish administer cost program recovery and pro rata $205,873.80(remaining portion- completed) mostly $0.00 months The cost for the Wastewater Improvements is $4,227,359 39. The Wastewater Improvements are sized to provide service for both (i) the Property, and (ii) the area shown on Exhibit G ("Service Area '). The capacity required for the Project is 950 equivalent single-family connections (ESFC) which is equal to 304,000 gallons per day capacity (determined based on current City guidelines of 320 gallons per day per ESFC) The City required sizing/line capacity/excess line capacity for the required sewer lines are as follows: Line Required Sizing Gravity Service Capacity (ESFC) Area Lift Service Capacity (ESFC) Station Area Fxcess Capacity and Total Capacity (ESFC) (ESFC) % North Harkey 30" 2,970 1,245 4,215 3,265 (77%) South Harkey Lift Force Station Main & 0 1,245 1,245 452 (36%) The City agrees that the excess capacity is for the benefit of third parties. Therefore a portion of the cost of the Wastewater Improvements shall be reimbursed to the Developer The reimbursement for the Gravity Service Area shown on Exhibit G equal to the actual cost of the 12 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 North Harkey Wastewater Improvements attributable to the Gravity Service Area ESFCs less any MUD reimbursements, divided by the total capacity of the North Harkey line (4,215 ESFC), shall be reimbursed to the Developer its successors or assigns, through the City by landowners, pro- rata, as the Service Ai ea is developed or redeveloped, being expressed in the following formula: ((Actual Cost of North Harkey Wastewater Improvements*(4,215-1,245)/4,215)-any MUD reimbursement, if applicable)/4,215 ESFC = Per ESFC charge to landowner. The reimbursement for the Lift Station Service Area shown on Exhibit G equal to the actual cost of the North Harkey Wastewater Improvements attributable to the Lift Station Service Area FSFCs plus the actual cost of the South Harkey Wastewater Improvements less any MUD reimbursements, divided by the total capacity of the South Harkey Lift Station and Force Main (1,245 ESFC), shall be reimbursed to the Developer, its successors or assigns, through the City by landowners, pro-rata, as the Service Area is developed or redeveloped, being expressed in the following formula: ((Actual Cost of North Harkey Wastewater Improvements*(1,245)/4,215) + Actual Cost of South Harkey Wastewater Impiovements-any MUD reimbursement, if applicable)/1,245 ESFC = Per ESFC charge to landowner. This reimbursement shall be required by the City as a condition to future connection to the Wastewater Improvements building permit plat or other development permit pursuant to a Pro- Rata Utility charge assessed by the City on future development in the Service Area which connects to the Wastewater Improvements. The actual cost shall be determined following the procedures of Section 4.3(e)(1-4), as if applicable to the Wastewater Improvements. The City shall adopt and agree to enforce a pro-rata utility fee ordinance ("Pro-Rata Ordinance") applicable for the Service Area consistent with this subsection. Reimbursement to the Developer by the City shall occur within forty-five (45) days) following collection of pro-rata contributions from third parties connecting to the Improvements. However, the City shall not reimburse Developer for more than 100% of the Reimbursable Cost, nor for a period longer than 25 years from the completion and acceptance by the City of the Wastewater Improvements nor for any amount reimbursed to the Developer by the MUD. The City agrees to use its best efforts to collect the foregoing reimbursements. (e) Water Line Reimbursement Procedures. The following reimbursements procedures shall apply for the Water Line reimbursement of Developer by the City under this Agreement: 1) Prior to designing any infrastructure from this Section 4.3 in which City will participate in cost, directly or indirectly, the Developer, working in consultation with the MUD, and the City's Director of hngineering shall agree on the scope of work and the allocation of costs consistent with this Agreement. 2) The Developer, working in consultation with the MUD, shall obtain competitive line item bids in accordance with Local Government Code Chapter 252 for the construction of the improvements in accordance with the approved plans and specifications. The Developer, working in consultation with the MUD, and the City will review the bids and the Developer, or the MUD will award a contract to the successful bidder. The City reserves the right to reject any and all bids for the construction of the improvements within 13 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 ten (10) days following submission to the City for review, following the expiration of which the bids selected by the Developer or the MUD shall be deemed approved by the City. 3) The Developer shall, or shall cause the MUD to, advance the funds necessary to pay the contiactor(s) for the work performed. The Developer shall cause the City to be named as an additional obligee under any performance bond obtained by the Developer or the MUD to secure the construction of the improvements. 4) Upon completion of construction and acceptance by the City, the Developer will submit an accounting of final and actual costs along with evidence of paid invoices The City will reimburse the Developer for the City's share of costs within thirty (30) days of submission 5) The obligations of the City described in this Section 4.3 shall be paid from lawfully available funds that may be currently available in the budget year in which such improvements are the obligation of the City described in this Section 4.3 shall be paid from lawfully available funds that may be currently available in the budget year in which such improvements are designated to be constructed. The City agrees to use its best efforts to collect revenues, issue bonds, and appropriate funds as may be required to finance such improvements. 4.4 MUD Powers. The MUD is located entirely within the corporate limits of the City and has legal authority to construct, acquire improve, maintain or operate roads. Any toad projects undertaken by the MUD shall meet all applicable construction standards, zoning and subdivision requirements and regulations of each municipality in whose corporate limits such district is located. The City acknowledges that all roads to be constructed in connection with the MUD and/or to serve the MUD (i) meet the City's critei is for a thoroughfare and/or arterial feeder and/or collector roads for the purposes of Section 54.234 of the Texas Water Code, as amended, and (ii) also will constitute macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads, for purposes of Section 52, Article III of the Texas Constitution. The Developer acknowledges that future annexations of property into the MUD are subject to City consent, which may be given or withheld in accordance with public interests, however the City consents to the annexation of the Lew Tract/ 4.5 Acquisition of Required Easements. (a) Generally. The City has acquired the Required Easements at the Developer's cost, as provided in the Original DA. The Developer has no remaining obligations regarding the Required Easements. (b) Identification of Required Easements. The Required hasements widths and location are shown in the following chart. 14 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Segment Extent Side Additional ROW on Easement Location Based which Width Easement Width FM 1128 Bailey Ranch to Massey Road East NA 20' Massey Ranch FM 1128 to Harkey North 30 feet (1) 20' with and outside additional easement with ROW drainage five-foot of where (15' 10' ROW) water easement drainage overlap requited line and Harkey North Bailey Ranch to Massey Road West 20 feet (1) 20' with with ROW five-foot (15' ROW) overlap outside of Veterans Bailey Ranch to Massey Road West NA -No easement built within required, existing Water ROW line to be Massey Ranch Veterans to Harkey South 30 feet (2) 20' with with ROW five-foot ROW) (15' outside overlap of Harkey South Road Massey Boundary to Property Ranch East 50 feet (2) 20' with with ROW five-foot (15' ROW) outside overlap of ARTICLE V AUTHORITY; COVIbNANTS; PROPERTY RIGHTS 5.1 Actions. The City covenants to the Developer and agrees that upon application of the Developer, the City will use its best efforts to the extent permitted by law to take such actions as may be required and necessary to process any amendments, variations, special use approvals and permit applications relating to the Unified Development Code and the City's other ordinances, codes and regulations, as may be necessary or proper in order to insure the development of the Property and the Project in accordance with this Agieement and the PD and to enable the City to execute this Agreement and to carry out fully and perform the terms, covenants, agreements duties and obligations on its part to be kept and performed as provided by the terms and provisions hereof. The City acknowledges that the Developer is relying upon the City's performance and will expend significant sums on the Project. 5.2 Powers. (a) The City hereby represents and warrants to Developer that the City has full constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver and perform the terms and obligations of this Agieement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, is enforceable in accordance with its terms and provisions and does not require the consent of any other governmental authority. 15 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 (b) The Developer hereby represents and warrants to the City that Developer has full lawful light, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary actions of Developer. Concurrently with Developer's execution of this Agreement, Developer has delivered to the City copies of the resolutions or other corporate actions authorizing the execution of this Agieement and evidencing the authority of the persons signing this Agreement on behalf of Developer to do so. Accordingly, this Agreement constitutes the legal, valid and binding obligation of Developer, and is enforceable in accordance with its terms and provisions. 5.3 Authorized parties. Whenever under the provisions of this Agreement and other related documents and instruments or any supplemental agreements, any request, demand, approval notice or consent of the City or Developer is required, or the City or Developer is required to agree or to take some action at the request of the other, such request, demand, approval, notice or consent, or agreement shall be given for the City, unless otherwise provided herein, by the City Manager or his designee and for Developer by any officer of Developer so authorized (and, in any event, the officers executing this Agreement are so authorized) and any party shall be authorized to act on any such request, demand, approval, notice or consent, or agreement. 5.4 Vested Rights. Upon execution of this Agreement, the Parties agree that each of their respective rights, as set forth in this Agreement, shall be deemed to have vested. ARTICLE VI GENERAL PROVISIONS 6.1 Time of the essence. Time is of the essence in all things pertaining to the performance of this Agreement. The Parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 6.2 Default. (a) A Party shall be deemed in default under this Agreement (which shall be deemed a breach hereunder) if such Party fails to materially perform, observe or comply with any of its covenants, agreements or obligations hereunder or breaches or violates any of its representations contained in this Agreement. (b) Before any failure of any Party to perform its obligations under this Agreement shall be deemed to be a breach of this Agieement the Party claiming such failure shall notify, in writing, the Party alleged to have failed to perform of the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the complaining party within 30 days of the receipt of such notice, subject, however, to the terms and provisions of Section 6.2(c). Upon a breach of this Agreement for which cure has not commenced as provided above, the non -defaulting Party, in any court of competent jurisdiction, by an action or proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded 16 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 damages for failure of performance, or both. Fxcept as otherwise set forth herein, no action taken by a Party pursuant to the provisions of this Section or pursuant to the provisions of any other Section of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to any Party at law or in equity. Each of the Parties shall have the affirmative obligation to mitigate its damages in the event of a default by the other Party. (c) Force Majeure. Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by any Party is delayed as a result of force majeure circumstances which are beyond the reasonable control of such Party the time for such performance shall be extended by the amount of time of such delay. (The term force majeure " as used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or other industi ial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning earthquakes, fires, hurricanes, storms, floods, washouts, drought arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines o1 canals, partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and wastewater systems hereunder, and any other inabilities of any party, whether similar to those enumerated or otherwise, which are not within the control of the party claiming such inability, which such party could not have avoided by the exercise of due diligence and care). The Party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a "force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. (d) The Parties acknowledge and agree, notwithstanding anything contained in this Agreement to the contrary, that: (i) the provisions of Section 4.1(a)(i) hereof regarding consent by the City to the creation of a MUD, (ii) the provisions of Section 4.1 (a)(iv) hereof regarding the City supplying the water supply and wastewater treatment capacity ultimately required by the Project and (iii) the provisions of Section 4 1(a)(viii) regarding the annexation of the portion of the Property not currently within the corporate limits of the City, constitute essential and material terms of this Agreement. The specific enumeration of the provisions listed herein does not mean or imply that no other provision of this Agreement constitutes an essential term of the agreed exchange that is the subject matter of this Agreement. 6.3 Personal liability of public officials To the extent permitted by State law, no public official or employee shall be personally responsible for any liability arising under or growing out of this Agreement. 6.4 Liability of the Developer, its successors and assignees. Any obligation or liability of the Developer whatsoever that may arise at any time under this Agreement or any obligation or liability which may be incurred by the Developer pursuant to any other instrument, transaction or undertaking contemplated hereby shall be satisfied, if at all, out of the assets of the Developer only. No obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to the property of any of partners, officers, employees, shareholders 17 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 or agents of the Developer, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. 6.5 Notices. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by rapid transmission confirmed by mailing written confirmation at substantially the same time as such rapid transmission, or personally delivered to an offices of the receiving party at the following addresses: If to the City: with a copy to: If to the Developer: with a copy to: City Manager City of Pearland 3519 Liberty Diive Pearland, Texas 77581 City Attorney City of Pearland 3519 Liberty Diive Pearland, Texas 77581 Massey Oaks Development LP 8545 Double R Blvd, Suite 101 Reno, NV 89511 Attention: Ron Cobb/Peter Ghishan Wilson Cribbs + Goren 1233 West Loop South, 8" Floor Houston, Texas 77027 Attention: Reid Wilson Each Party may change its address by written notice in accordance with this Section, Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by sapid transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by or actually received by, an authorized office' of the City or the Developer, as the case may be. 6.6 Amendments and waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is approved by the City Council and the Developer. No course of dealing on the part of the City or the Developer noi any failure or delay by the City or the Developer with respect to exercising any right, power or privilege pursuant to this Agreement shall operate as a waiver thereof, except as otherwise provided in this Section. 6.7 Invalidity. In the event that any of the provisions contained in this Agreement shall be held unenforceable in any respect, such unenforceability shall not affect any other provisions 18 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 of this Agreement and, to that end, all provisions, covenants, agreements or portions of this Agreement are declared to be severable 6.8 Beneficiaries. This Agreement shall bind and inure to the benefit of the Parties and their successors and permitted assigns. 6.9 Successors and Assigns. No party to this Agreement shall have the right to assign its rights under this Agreement or any interest hetein without first giving to the other party notice from the assignor of such assignment and acknowledgement of such assignment from the assignee. Partial assignments are permitted such as the prior assignment as to the Lew Tract. The City consents to the assignment of this Agreement by Developer to Meritage without further confirmation or approval and in the event of such assignment, then upon acceptance of such assignment by the assignee, such assignee shall become "Developer" for all purposes and Massey Oaks Development LP shall be released from all liability hereunder or under any prior versions heteof. The City acknowledges that the Developer may, subject to written approval by City which shall not be unreasonably withheld assign this Agreement to a lender foi the Project, and in relation thereto, the City will execute reasonable acknowledgements of the Agreement and its assignment, including confirming the Agreement is valid and in full force and effect, without default by either party, and agreeing to provide notice and opportunity to cure to such lender. This Agreement may be assigned to any affiliate of the Developer or any successor developer of the Project; provided however, after the assignment to Meritage, Meritage will not be able to assign it's obligations hereunder with respect to the Required Regional Infrastructure without the prior written consent of the City, which will not be unreasonably withheld This Agreement is not binding on any purchaser of a platted lot or reserve in the Project. Upon any assignment (but not a standard sale of a platted lot or reserve), the Developer is released from liability for performance related to the assigned obligations. 6.10 Exhibits, titles of articles, sections and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the Parties and shall not be construed to have any effect or meaning as to the agreement between the Parties hereto. Any reference herein to a section or subsection shall be considered a reference to such section or subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated 6.11 Applicable law. This Agreement is a contract made under and shall, be construed in accordance with and governed by the laws of the United States of America and the State of Texas, and any actions concerning this Agreement shall be brought in either the Texas State District Courts of Brazoria County, Texas or the United States District Court for the Southern District of Texas. 6.12 Entire agreement. This written agreement represents the final agreement between the Parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the Parties. There are no unwritten oral agreements between the Parties. 6.13 Term of Agreement. The term of this Agreement shall commence on the date first 19 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 written above and shall continue until the date which is the earlier of (a) the completion of the Project; or (b) December 31 2057. 6.14 Runs with the Land. The Agreement touches and concerns the Massey Property, and runs with land as a restrictive covenant binding on any successor developer owner of the Massey Property. The Parties contemplate that a copy of this Agreement, or a Memorandum referencing this Agreement will be filed in the public records of Brazoria County, Texas. Other than the purchaser of a platted lot or reserve in the Project, any subsequent record owner of any portion of the Property is automatically bound to this Agreement, without the necessity of an executed assumption agreement. 6.15 No waiver of City standards. Except as may be specifically provided in this Agreement, the City does not waive or giant any exemption to the Property or the Developer with respect to City regulations or ordinances, including without limitation platting permitting or similar provisions. 6.16 Approval by the Parties. Whenever this Agieement requires or permits approval or consent to be hereafter given by any of the Parties, the Parties agree that such approval or consent shall not be unreasonably withheld, conditioned or delayed. Approvals and consents shall be effective without regard to whether given before or after the time required for giving such approvals or consents. 6.17 Counterparts. This Agieement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agieement. 6.18 Interpretation. This Agreement has been jointly negotiated by the Parties and shall not be construed against a party because that Party may have primarily assumed responsibility for the drafting of this Agreement. 6.19 Fnforceability. The Parties intend this Agreement to be legally enforceable to the maximum extent permitted at law or in equity. Specifically, the City waives governmental immunity as to suit for only a claim to enforce specific performance and related legal fees. THE DEVELOPER WAIVES ANY CLAIM FOR DAMAGES (OTHER THAN LFGAL FEF S) AND THE DEVELOPER S SOLE AND EXCLUSIVE REMEDY IS TO FNFORCI SPECIFIC ENFORCFMENT AND RELATFD LFGAL Fb E'S This Agreement is intended by the Parties to be a contract for goods or services contemplated by Texas Local Government Code Section 271.151 et. Seq. The Parties recognize that the Developer would not expend significant sums to develop the Development and install the Improvements without the commitment of the City to timely reimburse the Developer as provided herein, and that the Developer relied on the legal enforceability of the City's obligations hereunder. The City is accepting the benefit of the Project and the improvements. The City represents that it has currently available and budgeted funds to be allocated and designated for payment for the City's obligations hereunder. 6.20 Contingencies. The validity and enforceability of this Agreement is contingent on the contingencies contained herein, and the teims of the 2024 DA shall be controlling unless and until each of the following Contingencies is fulfilled: 20 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 (a) The purchase by Meritage and/or Meritage and CastleRock of all lots and land in Massey Oaks, Sections 1-5, inclusive; (b) The assignment of this Agreement by Developer to Meritage and the acceptance of such assignment by the Meritage; and (c) Execution and delivery to the City of the Required Bond. If the Contingencies have not been satisfied by the date ninety (90) days after the Effective Date, this Agreement will be of no further force and effect and the 2024 DA will be the operative agreement between Developer and the City regarding the matters therein as if this Agreement had never been executed. When all Contingencies are satisfied, the City shall record an original of this Agreement and promptly provide copies to all Parties. [Signatures begin on following page] 21 4866-5038-8435.v4 IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. CITY: CITY OF PEARLAND, TEXAS, a home rule municipality By: ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney DEVELOPER: MASSEY OAKS DEVELOPMENT LP A Texas limited partnership By: Massey Oaks GP LLC, a Texas limited liability company, its general partner By: By: 1 kC41 Ro TM R. Cobb, Manager Peter K. Ghisham, Manager 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BRAZORIA The foregoing instrument was acknowledged before me this Z/ day of Art- , 2024, by Trent Epperson, City Manager of Pearland, Texas, a Texas Home Ruipality, on behalf of said municipality. trneth .tncle%ay hand and seal of office this 'day of � * 7 '' PRY 1)•''• 47, *, n •• � r y, s# t ', / fir •• •.•' • `� . 0)7741s-- te STATE CSCIP eIADA COUNTY OF WASHOE , 2024. • nutifL ry Pu i is in and for the State of Texas ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this �z "" dayof g PriA,OptCi-, 2024, by Ronald R. Cobb, as Manager of Massey Oaks GP LLC, a Texas limitecNiability company, the General Partner of MASSEY OAKS DEVELOPMENT LP, a Texas limited partnership, on behalf of said limited partnership. Given under my hand and seal of office this \ 1 1 1 1 TAYLOR COBB Notary Public, State of Nevada Appointment No, 22.7119.02 My Appt, Expires Dec 9, 2026 day of AvioAsE-S- CP Noa�yG Pi�61ic in and for the State of Nevada , 2024. 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 ACKNOWLEDGMENT STATE OF NEVADA COUNTY OF WASHOE The foregoing instrument was acknowledged before me this \Vk day of tk 1A, IkSt , 2024, by Peter K. Ghishan, as Manager of Massey Oaks GP LLC, a Texas limited li ility company, the General Partner of MASSEY OAKS DEVELOPMENT LP, a Texas limited partnership, on behalf of said limited partnership. Given under my hand and seal of office this tday of P%ALI&S+ , 2024. r TAYLOR COBB Notary Public, State of Nevada Appointment No. 22-7119-02 My Appt. Expires Dec 9, 2026 \NT ary ublic in and for the State of Nevada 4866-5038-8435.v4 After recording, return to: Darron Colter City Attorney 3519 Liberty Drive Pearland, Texas 77581 Fxhibit A Exhibit A-1 Exhibit A-2 Exhibit B Exhibit C Fxhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit A to Resolution R2024-165 Legal Description of Property Site Plan for the Project on the Property Project Phases Required Regional Infrastructure (cost estimates and supporting documentation) Roadway improvements map Roadway cross-section Water Distribution improvements map Wastewater Collection improvements map Wastewater Seivice Area map Subdivision Improvements Agreement (SIA) 4866-5038-8435.v4 TRACT 1 Exhibit A to Resolution R2024-165 EXHIBIT A Legal Description of the Property FIELD NOTES FOR 212.004 ACRES Being a tract of land containing 212.174 acres (9,242,293 square feet), located within the H. Stevens Survey, Abstract-593 in Brazoria County Texas; Said 212.174 acre tract being a portion of a called 138.83 acre tract recorded in the name of Margurite Massey Smith Chaiitable Remainder Trust U.A. in Brazoria County Clerk's File Number (B C.0 F. No.) 2010013347, all of a called 5.00 acre tract of land recorded in the name of William Stephen Summers and wife Lois Winifrede Smith Summers in Volume (V.) 1318, Page 9 (P.) 700 of the Brazoria County Deed Records (B.C.D.R.), all of a called 5.00 acre tract of land recorded in the name of Lois Winifiede Summers in V. 1775, P. 250 of the B.C.D.R., a portion of a called 5.00 acre tract of land recorded in the name of Lois Winifrede Summers in V. 1775, P. 248 of the B.0 D.R., all of a called 10.55 acre tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052681, a portion of a called 4.45 acre tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, and all of a called 45.00 acre tract of land recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682; Said 212.174 acie tract being more particularly described by metes and bounds as follows (Bearings are based on the Texas Coordinate System of 1983, South Central Zone per GPS observations): Beginning at a 1-inch ion pipe found at the northwest corner of a called 151.44 acre tract recorded in the name of C.W. Way in Volume 272, Page 103 of the Brazoria County Deed Records, same being on the east line of a Lot 44 of the Allison -Richey Gulf Coast Home Co. Part of Suburban Gardens, a subdivision plat of record in Volume 2, Page 89 of the Brazoria County Plat Records (B.C.P.R.), said Lot 44, recorded in the name of Plains Exploration & Production Company, L.P. rn B.C.C.F. No. 02-033007, for the southwest corner of said 138.83 acre tract and the herein described tract; Thence with the east line of Lots 44 thru 42 all recorded in said B.C.C.F. No. 02-03307, the east line of Lots 41 and 40 being recorded in the name of Jimmy Brown in B C.C.F. No. 1998020191, the east line of Lot 39 recorded in said B.C.C.F. No. 02-033007, the east line of Lot 38 recorded in the name of Danny O. Waldon in B.C.C.F. No. 96-0254867, the east line of Lot 37 recorded in the name of International Victory Christian Church in B.C.0 F. No. 2015007219, same being the west line of said 138.83 acre tract, North 02 degrees 36 minutes 15 seconds West at a distance of 2905.73 feet pass a found railroad spike at the northeast corner of said Lot 39, and at a distance of 3862.37 feet pass a 5/8-inch iron iod with a Miller Survey Group (MSG) cap set on the occupied south Right -Of -Way (R.O.W.) line of McKeever Road (County Road 100 width varies monumented at 62.7 feet, north 20 feet per Volume 2, Page 89, B.C.P R.), and continue in all a total distance of 3897.23 feet to a "P-K' nail set in asphalt pavement for the northwest corner of said 138.83 acre tract and the herein described tract; 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Thence, with the north line of said 138.83 acre tract, said 10.55 acre tract, said 5.00 acre tract (V. 1775, P 248) and said 4.45 acre tract, North 87 degrees 21 minutes 45 seconds Fast, a distance of 2384.30 feet to a "P-K" nail set in asphalt pavement at the northeast corner of said 4.45 acre tract, for the northeast corner of the herein desci ibed tract; Thence, with the east line of said 4.45 acre tract, South 02 degrees 36 minutes 15 seconds East, at a distance of 32.55 feet pass a 5/8-inch iron rod with a Miller Survey Group (MSG) cap set on the occupied south R.O.W. line of said McKeever Road, at a distance of 41.87 feet pass a 5/8-inch iron rod found, and continue in all a total distance of 246.27 feet to a 5/8-inch iron rod with a cap found on the northeast line of a called 1 1852 acre tract of land recorded in the name of the City of Pearland, Texas in B C.C.F. No. 2011044376, from which a 5/8-inch iron iod with a CL Davis cap found bears South 51 degrees 41 minutes 48 seconds Fast, a distance of 12.55 feet; Thence, with the lines of said 1.1852 acre tract, the following four (4) courses: 1. North 51 degrees 41 minutes 48 seconds West, a distance of 262.16 feet to a 5/8-inch iron rod with a cap found at an angle point; 2. South 87 degrees 18 minutes 40 seconds West, a distance of 49.92 feet to a 5/8-inch iron rod with a cap found at an angle point; 3. South 38 degrees 18 minutes 12 seconds West, a distance of 107.26 feet to a 5/8-inch iron rod with a cap found at an angle point; 4. South 51 degrees 41 minutes 48 seconds East, a distance of 421.14 feet to a 5/8-inch iron rod with a cap found on the east line of said 4 45 acre tract, from which a 5/8-inch iron rod with a CL Davis cap found bears South 51 degrees 41 minutes 48 seconds East, a distance of 12.84 feet; Thence, with the east line of said 4.45 acre tract and the east line of said 138.83 acre tract, South 02 degrees 36 minutes 15 seconds Fast, a distance of 3465.72 feet to a 5/8-inch iron rod found at the northeast corner of said 151.44 acre tract, for the southeast corner of said 138.83 acre tract and the herein described tract; Thence with the line north line of said 151.44 acre tract and the south line of said 138.83 acre tract and said 45 00 acre tract, South 87 degrees 21 minutes 45 seconds West, a distance of 2384.30 feet to the Point of Beginning and containing 212.174 acre of land. Save and except the following 0.1697 acre tract: Being a tract of land containing 0.1697 acres (7,394 square feet) located in the H. Stevens Survey, Abstract-593 in Brazoria County, Texas; Said 0.1697 acre tract being all of a called 0.1319 acre tiact of land recorded in the name of the City of Pearland, Texas in B.C.C.F. No. 2011044376 and all of a called 0.0378 acre tract of land recorded in the name of the City of Pearland, Texas in B C.C.F. No. 2011044379; Said 0.1697 acre tract being more particularly described by metes and 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 bounds as follows (Bearings are based on the Texas Coordinate System of 1983, South Central Zone per GPS observations): Commencing at a 5/8-inch iron rod found at the northeasterly coiner of a called 1.1852 acre tract recorded in the name of the City of Pearland, Texas in B.C.C.F. No. 2011044376• Thence, through and across a called 4.45 acre tract recorded in the name of Lois Smith Summers in B.C.C.F. No. 2013052682, North 51 degrees 41 minutes 48 seconds West, a distance of 18.29 feet to a 5/8-inch iron rod with a MSG cap set at the southeast corner of said 0.1319 acre tract for the southeast corner of and Point of Beginning of the herein described tract Thence, with the south line of said 0.1319 acre tract and 0.0378 acre tract, South 87 degrees 18 minutes 47 seconds West, a distance of 263.76 feet to a 5/8-inch iron rod found at the southwest corner of said 0.0378 acre tract, for the southwest corner of the herein described tract; Thence, with the west line of said 0.0378 acre tract, Noith 02 degrees 41 minutes 13 seconds West, a distance of 30 00 feet to a 5/8-inch iron rod with a MSG cap set at the northwest cornea of said 0.0378 acre tract, for the northwest corner of the herein described tract; Thence, with the north line of said 0.0378 acre tract and 0.1319 acre tract North 87 degrees 18 minutes 47 seconds East, a distance of 229.23 feet to a 5/8-inch iron rod with a MSG cap set at the northeast corner of said 0.1319 acre tract, for the northeast corner of the herein described tract; Thence, with the easterly line of said 0.1319 acre tract, South 51 degrees 41 minutes 48 seconds East, a distance of 45.74 feet to the Point of Beginning and containing 0.1697 acres of land. 4866-5038-8435.v4 TRACT 2 Exhibit A to Resolution R2024-165 TRACT 8 "A" FIELD NOTES FOR 72.279ACRES Being a tract of land containing 72.279 acres (3,148,490 square feet) located within the C.W Groos Survey, Abstract-525 in Brazoria County, Texas; Said 72.279 acre tract being a portion of a called 160 acre tract recorded in the name of Richard Rogers in Volume 103, Page 371 of the Brazoria County Deed Records (B.C.D.R ); Said 72.279 acre tract being more particularly described by metes and bounds as follows (Bearings are based on the Texas Coordinate System of 1983, South Central Zone per GPS observations): BEGINNING at a 5/8-inch iron rod found at the southwest corner of a called 40.0000 acre tract of land recorded in the name of Prabhakar Rao Draksharam in Brazoria County Clerk's File Number (B.C.C.F. No.) 2007030107, same being on the north line of a called 151.44 acre tract recorded in the name of C.W. Way in Volume 272, Page 103 of the B.C.D.R., for the southeast corner of said 160 acre tract and the herein described tract said iron rod being on the Right -Of -Way (R O.W.) line of County Road 128 (30 foot easement reserved along the north line in Volume 124, Page 477 of the B.C.D.R., no easement reserved along the south line of said 160 acre tract found); Thence, with the north line of said 151.44 acre tract and the south line of said 160 acre tract, South 87 degrees 19 minutes 22 seconds West, a distance of 1232.03 feet to a 5/8- inch iron rod with a Miller Survey Group (MSG) cap set at an angle point for the southwest corner of the herein described tract in the east line of a called 13.655 acre tract recorded in the name of H L & P. Co in Volume 1149, Page 240 of the B.C.D.R.; Thence, with the east line of said 13.655 acre tract and the west line of the herein described tract North 01 degrees 37 minutes 43 seconds West a distance of 2636.06 feet to a 5/8-inch iron rod with a MSG cap set for the northwest corner of the herein described tract in the north line of said 160 acre tract and the south line of a called 247.91 acre tract recorded in the name of RMJ Miller Real Estate Holdings, Ltd in B.C.C.F. No. 2002020349; Thence, with the north line of said 160 acre tract, the south line of said 247.91 acie tract, and the south lines of a called 0.8902 acre tract of land recorded in the name of the City of Pearland in B.C.C.F. No. 2009045975, the following three (3) courses: 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 1. North 87 degrees 17 minutes 52 seconds East, distance of 780.16 feet to a 5/8- inch iron rod with a MSG cap set at the northwest corner of said 0.8902 acre tract, for the westerly northeast comer of the herein described tract; 2. South 51 degrees 39 minutes 45 seconds East, a distance of 165.85 feet to a 5/8- inch iron rod with a CL Davis cap found at the southwest corner of said 0.8902 acre tract, for an angle point in the north line of the herein described tract; 3. • North 87 degrees 18 minutes 49 seconds East, a distance of 279.87 feet to a 5/8- inch iron rod with a CL Davis cap found the southeast corner of said 0.8902 acre tract, same being on the lower west line of said 247.91 acre tract and being on the east line of said 160 acre tract, for the easterly northeast corner of the herein described tract; Thence, with the lower west line of said 247.91 acre tract, the west line of said 40.0000 acre tract and the east line of said 160 acre tract South 02 degrees 38 minutes 46 seconds East, at a distance of 1207.41 feet pass a concrete monument found at the southwest corner of said 247.91 acre tract same being the northwest corner of said 40.0000 acre tract, and continue in all a total distance of' 2527.16 feet to the POINT OF BEGINNING and containing 72.279 acres of land. 4866-5038-8435.v4 Fxhibit A to Resolution R2024-165 Thence, with the north line of said 160 acre tract and the south line of a called 80 acre tract recorded in the name of Georgeanne and William Reaves in B.C.C.F. No. 99026030, North 87 degrees 17 minutes 52 seconds East, at a distance of 12.2 feet pass a railroad rail in concrete found at the called southwest corner of said 80 acre tract from which a found 1-inch iron pipe bears South 76 degrees 10 minutes East, a distance of 30.8 feet, in all a total distance of 1222.23 feet to a 5/8-inch iron rod with a MSG cap set at .the northwest corner of said 13.655 acre tract for the northeast corner of the herein described tract; Thence, with the west line of said 13.655 acre tract and the east line of the herein described tract, South 01 degrees 37 minutes 43 seconds East, a distance of 2635.96 feet to the POINT OF BEGINNING and containing 72.584 acres of land. 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 TRACT 3 Being a tract of land containing 25.062 acres (1 091,727 square feet), located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria County, Texas and being a portion of a called 80.0 acre tract recorded in the name of Robert Lew and William Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No) 82034242. Said 25.062 acie tract being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System of 1983 (NAD83) South Central Zone) COMMENCING at a "Railroad Rail" found on the north line of a called 72.584 acre tract recorded in the name of Massey Oaks Development LP, in B.C.C.F. No. 2017051899, foi the southwest corner of said 80 acre tract, from which a 5/8-inch iron rod with Miller Survey Group (MSG) cap found on the east line of a called 33.298 acre tract (Tract 2) iecoided in the name of Massey Oaks Development LP and being the northwest corner of said 72.584 acre tract, bears South 87 degrees 17 minutes past, a distance of 12 2 feet,; Thence, North 02 degrees 42 minutes 08 seconds West, a distance of 2,397.95 feet along the west line of said 80.0 acre tract to a 5/8-inch iron rod found at the easterly northeast corner of a called 1.1852 acre tiact recorded in the name of the City of Peat land in B.C.C.F. No. 2011044376 also being the northwest corner of a called 5.6180 acre tract recorded in the name of the City of Pearland in B.C.C.F. No. 2009032506 for the southwest coiner and POINT OF BEGINNING of the herein described tract; Thence, North 02 degrees 42 minutes 08 seconds West, a distance of 253.55 feet continuing along the west line of said 80.0 acre tract to a "Mag Nail" set in the centerline of McKeever Road (C.R.100) (width vanes as per Volume 2 Page 10, Brazoria County Deed Recoids (B.C.D.R.)) for the northwest corner of the herein described tract; Thence, North 87 degrees 19 minutes 33 seconds East, a distance of 1,320.00 feet along the centerline of said McKeever Road and the north line of said 80.0 acre tract to a "Mag Nail" set for the northeast corner of said 80 acie tract and the herein described tract; Thence, South 02 degrees 42 minutes 08 seconds East, a distance of 1,400.59 feet to a 5/8-inch iron rod with MSG cap set at the northeast cornea of said 5.6180 acre tract for the southeast corner of the herein described tract Thence, with the northeast line of said 5.6180 acie tract, North 51 degrees 41 minutes 48 seconds West, a distance of 1 749.17 feet to the POINT OF BEGINNING and containing 25.062 acres of land 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 TRACT 4 Being a tract of land containing 49.654 acres (2,162,942 square feet) located within the H.T. & B.R.R. Co. Survey, Abstract-525, Brazoria County, Texas and being a portion of a called 80.0 acre tract recorded in the name of Robert Lew and William Lew in Brazoria County Clerk's File (B.C.C.F.) Number (No) 82034242. Said 49.654 acie tract being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System of 1983 (NAD83) South Central Zone) BEGINNING at a "Railroad Rail" found on the north line of a called 72 584 acre tract recorded in the name of Massey Oaks Development LP, in B C.C.F. No. 2017051899, for the southwest coiner of said 80 acre tract, from which a 5/8-inch iron rod with Miller Survey Group (MSG) cap found on the east line of a called 33.298 acre tract (Tract 2) recorded in the name of Massey Oaks Development LP and being the northwest corner of said 72.584 acre tract, bears South 87 degrees 17 minutes East, a distance of 12.2 feet, ; Thence, North 02 degrees 42 minutes 08 seconds West, a distance of 2,212.44 feet along the west line of said 80.0 acre tract to a 5/8-inch iron rod found at the easterly southeast cornea of a called 1.1852 acre tiact recorded in the name of the City of Pearland in B.C.C.F. No. 2011044376 also being the southwest corner of a called 5.6180 acre tract recorded in the name of the City of Pearland in B.0 C.F. No. 2009032506 for the northwest corner of the herein described tract; Thence, South 51 degrees 41 minutes 48 seconds East, a distance of 1,749.17 feet along the southwest line of said 5.6180 acre tract to a 5/8-inch iron rod found on the east line of said 80 acre tract and marking the southeast corner of said 5.6180 acre tract for the northeast corner of the herein described tract; Thence, South 02 degrees 42 minutes 08 seconds past, a distance of 1,064.75 feet to a 3/4-inch iron pipe found on the north line of a called 13.655 acre Houston Lighting and Power Fee Strip recorded in Volume 1149, Page 240, in the Brazoria County Deed Records (B.C.D.R.) for the southeast corner of said 80 acie tract and the herein described tract; Thence, with the north line of said 13.655 acre tiact and said 72.584 acre tract, South 87 degrees 17 minutes 52 seconds West, a distance of 1,320.00 feet to the POINT OF BEGINNING and containing 49.654 acre of land. 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT A-1 Site Plan for the Project on the Property 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 I I 1 �.. i 1 1 • 1 • • — T — — — L 4 - - - 4 1 1 41 41 41 41 II 14 1I 1 1th CONCEPTUAL LOTTING PLAN MASSEY OAKS ±431.5 ACRE PEARLAND APRIL 14, 2022 QGE 10029 S OF LAND , TEXAS LAKE / DET. t8.4Ac. REC. t1.7 Ac LAKE / DET. t3.4Ac. SEC. 8 65 LOTS (TYP.55'x 120') t15.0Ac. T . 4 • - j -I I. i -1- SEC.,2 66 LOTS (TYP.65'x120.) l s34.0 Ac{ , THE GROVE LAKE/DET. 115.8 Ac. SEC. 10 33 LOTS (TYP.65'x120') t13.4 Ac. LEW TRACT S1NGL -FAMILY, 140.LOTS (TYP.50'x1 CO') s23.0 Ac. ■ LAKE/ DET. t 11.3 Ac. • LEW TRACT B.T.R. 193 DU s20.7 Ac. LAKE / DET. 14.2 Ac. ;POCKET N SPARK %t0..3 Ac. DET. t3.4 Ac. LAKE / DET. t2.5Ac. 1 HASTINGS CANNON'ROAD LAKE/ DET. t8.3 Ac • • SEC. 12 82 LOTS (TYP.65x120') t21 6 Ac. SEC. 13 114 LOTS (TYP.55'x120') t26.3 Pc. LOT SUMMARY 55' x 120' 618 LOTS 67% 65' x 120' 306 LOTS 33% • -T Th. 924 TOTAL LOTS 70.7 ACRES OPEN SPACE • OGC, Inc. 10777 WestMlmer, Suite 400 Houston, TX 77042 Tel: 201.550-0700 went bgelnc.com 1 I 1 • t 0 COi301 em 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT A-2 Project Phases 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 1 M. .M .... 1 1 —• • — — _. • --- - -•--1- • ale 1 1 1 1 1 PHASING EXHIBIT MASSEY OAKS ±431.5 ACRES OF LAND PEARLAND, TEXAS APRIL 14, 2022 SCE S8029 {' -----fir 11 .,- - I-1 {1 Ala LAKE/DET. s8.4Ac. - • REC. s1.7Ac. SEC. 8 65 LOTS (TYP.55'x120') t15.0 Ac. 1 �T -1 i IT -I I I 5 • 1 - SEC. 4 69 LOTS (r1'P,65 ix 20) t18.4 Ac. SEC. 10 33 LOTS (TYP.85'x120') *13.4 Ac. LAKE / DET. t11.3Ac. 1' I i 1 i 1 l 11 LAKE/ DET. 14.2 Ac. ESEC. 11--j, i 12 LOTST- (TYP:5S 120 , t� t32.3 ittutulttttl • HASTINGS LEW TRACT B.T.R. 193 DLI 520.7Ac. L N DET. s3.4 Ac. LAKE / DET. ta4 Ac. LAKE/ DET. t8.3 Ac. T I 1 1 I I muumuu i nuninum imilututr 1*11111 n CANNON"ROAD SEC. 12 82 LOTS (TYP.85x120) t21.8 Ac. LOT SUMMARY 55' x 120' 618 LOTS 67% 65' x 120' 306 LOTS 33% 924 TOTAL LOTS 70.7ACRES OPEN SPACE 1 MASSEY TRACT PHASING LEGEND PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 LEW TRACT PHASING LEGEND PHASE 1 PHASE 2 i•- i 11 SEC. 13 1' 114 LOTS 1 (TYP.55'x120) 1 II 123.3 Ac. 1 1 1. r.—..— 11. -i- I.I.—..— --c..-r.:T.'1 �1--.E- -I- y - -i---- — _ I- —t 1 1 1 i I 1 1 1 1 I I I I I 1 1 I I t !FS! DOE. Ina 10777 W.,IMiner, Suite 400 Hoodoo, TX 77042 TN: 251-55641700 www.bwrine.com T r.1•.•t•••r.wtill•Sli..w—__ti.•111w••--•r,.— SSW w.a..•t.r. aww r.t.r..a.....-.t.r 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Should the PD change the Project phasing, then the Project Phases for the purpose of this Development Agreement shall also change and this exhibit shall be changed to be consistent with the revised PD. 4866-5038-8435.v4 t7A'S£ti8-8£0S-99817 EXHIBIT B Massey Oaks Development Agreement Cost Estimates & Supporting Documentation Key Road Facility Status Phase Cost Source 1 CR 100 (Adjacent Proa P to rty) S8,146,624.14, includes on hard engineering o 3 /o inflation costs, This has been designed expect amendment to hydrology take a few months pursuant to former standards. We study and plan revisions to AAA Bid 03192024 (S4 764,889.45) assuming expedited review. AAA bid (5487.567.00) 2 CR of rh') Phase 2 (NTP pnor to acceptance of 475th Massey lot and complete prior to acceptance of 650th Masse; lot) 03042024 100 (West Property) P The asphalt reconstruction have confidence in AAA has not been designed, but we based on their work in Pearland RGME OPC 04232024 (S656,128.71) 3 CR 100 & FM 1128 Intersection This has been designed and will be updated to match new scope. of and ,ODQ 535425% contingency AAA Bid S75,200.58 4 CR 100 & Harkey Road Intersection This has been designed and. will be updated to match new scope.(included 24 above & Cr um Low TIA 4A CR 100 (Lew Tract frontage) This wrll be removed NWA NIA NIA pursuant to Assignment 5 North Harkey Road This has been designed. Phase 3 Subject to PCI Subject to PCI not 6 South Harkey Road (CR100 to Collector) that will be completed in Phase 7complete and existing Phase 1 & Phase 2 S576,559.6't, includes 10% contingency Remaining Contract Balance with JL Rivera (complete prior to This was a Phase 1 project 2 Construction is approximately contract acceptance of 500th P Massey lot) e. is in place. 7 South (Collector Hastings Harkey Road Rd to Canon) This has been designed, but updated cost estimates has Phase 3 S'1,254,504.00 RGME OPC 05072024 not been provided. 8 Hastings Cannon Road (Adjacent to Property) but an updated cost estimate Phase 3 RGME OPC 05082024 This has not been designed, has been provided_ 51,574,694.00 9 Hastings Cannon (East of Property) Phase 3 Road This has not been designed, has but an updated cost estimate been provided. Exhibit A to Resolution R2024-165 h A'S£h8-8£05-998t7 EXHIBIT B Massey Oaks Development Agreement Cost Estimates & Supporting Documentation Key Water Facility Status Phase Cost Source 10 FM 1128 (CR100 to CR101) Complete and accepted by City of Peariand Phase 1 Complete Complete 11 CR 100 (FM1 t28 to Harkey Rd) Complete and accepted by City of Pearland Phase 1 Complete Complete 12 Veterans Dr (CR100 to CR 101) Design complete and plans 00014, See INF22-00013, 52,914,362_50, includes 25% RGME OPC 05092024 approved. - & -00033 Phase 2 (NTP prior to 400th Massey building and complete contingency 13 Design complete and plans 00014, See INF22-00013, permit prior to 500th Massey building permit) CR 100 (Harkey Rd to Veterans Dr) approved. - & -00033 14 Harkey Road (CR100 to Collector) that will be completed in Phase See Key 5 Remaining Contract Balance JL Rivera This was a Phase 1 project Phase 1 & Phase 2 (complete prior to construction contract for Key 6, S of the waterline component is existing contract is in place. 2. This is included in the Harkey ROW. Construction acceptance of 500th Massey lot) with 99% complete and 15 but an updated cost estimate Phase 3 $277 840 00 Harkey Road (Collector to Hastings Cannon) This has not been. designed, RGME OPC 05082024 been has provided. Key Sanitary Facility Status Phase Cost Source 16 North Harkey (Ravenwood to CR 100) Complete and accepted by City of Pearland Phase 1 Complete Complete 17 South Harkey (Lift Remaining Contract Si Services Phase 1 & Phase 2 (complete prior to acceptance of 500th Massey lot) This was a Phase 1 project Construction is approximately contract that .+ill be completed in Phase 99% complete and existing is in place. 5205,873.80, includes 10% contingency Station & Force Main) Balance with Exhibit A to Resolution R2024-165 Keys 1-4 Exhibit A to Resolution R2024-165 CR-100 AND HARKEY ROAD FOR THE CITY OF PEARLAND PRELIMINARY ENGINEER'S ESTIMATE FOR THE CONSTRUCTION OF PAVING & STORM SEWER CR-100 AND FM1128 INTERSECTION I, DISTRICT ITEMS fCR-100 & HARKEY ROAD) DESCRIPTION A. PAVING SITE WORK ITEMS 1. Mcbirization 2. Construction Staking for Paving UNIT QUANTITY 1 1 3. Erosion Control Du.nng Construction L 1 4, Clearing, Grubbing And Site Prepar Complete In Place te) on; 5. Clean and Dentick Existing Roadside Ditches; Complete In Place 6. Salvage, Haul Pa.rement and Stockpile Reclarn 7 Remnr:e driveways, all' thickness A.C. 1.2E AC 0.25 asphalt J.Y. 950 S.F. 324 8. Restore Disturbed Areas to Existing Condition or better; Complete In Place L.S. 9. Proposed 3-Legged Traffic Signal 10 Excavation 11. Hydromurch; Complete In Place 12. Roadside Ditch; Complete In PI B. PAVING ITEMS 1, 1.5" H.M.A.C. Paven 2. 1 H.M.A.C. Pavem nt (Surface Course) nt (Le el Course) L.S. C.Y. A.C. 1 1 1 L.F. 1,24E UNIT PRICE $37,500.00 $13,000 00 $5,000.00 $5,000.00 $5,000 00 $5 5, $10.00 $1,000.00 $350,000.06 $30.03 $2,500.00 $6.00 TOTAL - PAVING SITE WORK ITEMS TON 177 TON 177 $125.00 5.00 April 23, 2024 TOTAL S37,500.00 $13;CJ0.09 $5,000 00 5.6,400.00 51,250.00 $5,225.00 $3,240.00 $1,000.00 351,000.00 $15,973.54 51,250.00 $7,488.00 $447,326.54 $22,C56.73 $22,096.73 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 1 - 4 DESCRIPTIOtJ 3. 9" Flexih6e Base Course 4. Cement 5, Cement Treatment of Base 6. 6" Reinforced Concrete Pavenient For Driveways; Includes Excav lion And 8' L Stabilization; Complete In Place me UNIT OUANTITY UNIT PRICE CY 532 $75.00 TON 45 $225.00 plait Tack Coat (0_151SY); Complete In Place GAL 8. Traffic Control Pavement Markings And Si;nage; Complete In Peace 9. Temporary Traffic Control During Paving Construction C. STORM SEWER ITEMS 1, 6'x3' R.C.B. Storm Sewer Stubout, Includes Cement Stabilized Bedding And Backfll; Complete In Place 2. 5" Reinforced Concrete Slope Paving: Complete In Place 3, Cut 3-65(3R.C.B. Culverts, Remove And Dispose of Existing Headwall And Concrete St©pe Paving, And Connect To RCB (All Inclusive); Complete In Place LS. L.F. .Y. L.S. 2,131) 155 319 1 1 $70.00 $4.G0 $5,000.00 $26,000.00 TOTAL - PAVI:NG ITEMS 53 25 1 $650_00 $85.00 $20,000.00 TOTAL - STORM SEWER ITEMS TOTAL 5.39,933•.85 S101083.33 S14,908.64 1 S:850.00 $1 277.88 $5,000.00 000.00 $152.227.17 S34,450.00 $2,125.00 $201000.00 $561575,00 4866-5038-8435.v4 Exhibit A to Resolution R2024- 165 Keys 1-4 A. TOTAL - PAVING SITE WORK ITEMS B. TOTAL - PAVING ITEMS B. TOTAL - STORM SEWER !ITEMS C.ATEGOR 1. 100% Distract Cost !Items COST SUMMARY SUBTOTAL +20.lo COHT1NGEHCIES $447,326.54 $152,227. i17 $56,575.fl'D S656,12811 S124.225 'T ...14 GRAND TOTAL :$7B7 2.54v4I3 CON�NSTUCT1OI's1 COST SUMMARY CITY DEVELOPER TOTAL COST COST CO $7B7,354.413 $767,354.46 TOTALS $7B71354146 $0.00 $78 i ,35►4.46 Notes 1) Face Adjustments will be necessary after three months from the date of this estimate. 2) This estimate does not include costs associated With pipeline adjiustrrent or relocation_ '' This estimate does not include costs associated with existing utility adjustments. 41 This estimate does not include costs to relocate power poles. 5) This estimate assurras no. burning of clearing and grubbing. It will be hauled off. Geotechnic-al report provided by GET dated December 2020. This estimate utilizes the asphalt payement reconstruction section for Herridge Rd, Holland Rd, and Harkey Rd in PCT 2 (low streets) CRa Ott is an anticipated fdlajor Thoroughfare per he City c•f Pearland Thoroughfare Plan. The provided secicn may not provide the strength necessary for a k'laior Thoroughfare :ratio loading. Coordination %tenth City of Pearland to determine acceptance of pavement 7'1 section is needed. 8) This estimate does not include arty costs fce easement acquisiticn. 9 i Any costs a.sscciated with phasing of the project are considered incidental to the line items detailed in the OPC. 1Ciy This estimate assun-es no down stream €-hanrel, storm s kver, or 'detention facility improvements will be necessary_ 11) This estimate does not include oosts for storm water quality features. 12; This estimate assu►re_. CerlterF`oin: will be responsible for relc'c,ating the puler poles out of the area of the basins.. '13) This includes bonds, insurance, ab testing, permits, license fees, eta 14) Dewatering may be required since &rotech Report is not available.. AEI P 435 t _0Q'E PX DSO2B.0+D7 Maszey Oats Roo A ay CeiiD&22EtO2 CR1OD Wt'agree lrcrtra st Esti*rates44,_ R 10J 'Nest Frerni Cost Esti'rate.=)Fh1112E., tr[asect- PTV Efed CDSt 4866-5038-8435.v4 Keys 1-4 Exhibit A to Resolution R2024-165 Am AsphaltInc. 19155. Circle Lake Dr, Pinehurst_, TX 77362 Office: 1713) 84913-7373 Fax: (281) 259-8618 This quotation is prepared for: R.G. Miller PROJECT NAME: County Rct3,di 100 Rehabilitation, R.G_ MilEar PROJECT DESCRIPTION: Roadway Rehab.. Asphalt Overlay LOCATION: County Road 100, Pearf'and, TX ATT N: Shawn P ack.lhofer _: 0 NTACT: 281_9121.8077, SPachlhofeirtt'rgmiller..can PREPARED BY: Daniell Clinger AAA BID NO.. DC47 DATE: O&I312D24 ITEMS 1 6 7 8 9 QUOTATION OF SERVICES DESCRIPTION Mobilization of Men and Equipment Barricades signs and traffic handling curing{ cons4ruction Preparing ROW Roadway Excavation Flex Base lnstall'aticn To Increase Road Base Depth Cement Slurry Cement Treat ExistingiNew Ease to a depth of 9" QUANTITY UNIT 3.CU .A _. 1300.00 CY 13�00.0D 7733.00 Taco Coat Rc d*ay Striping to Match County Specs Asphalt Level Up and Surface, Total 3' Hf101AC Type D 1100.00 UNIT PRICE 5,0DC0. 000 2,500.0D 2,0130.00 TOTAL COST 5,0130.00 §,00O.O[I t C1,000.0C 25.0D $ 32,500.00 C8.O0 TP- r •Y 38'5.00 14.30 La TN $ 80 ,' 00.Ct- $ 75,075.0C 5.00 our 7,2-50.000 $ 108,262 OD Pr OJ`•_.... SUBTOTAL i r L i AS Li $ 7,250.0; $ 1 E4,280.0D • l• 4E : 6 7 . 0 TX St�-te Sales Tax (8.25%) .a GRAND TOTAL 4.6 ;567M0 I f rirc‘je,-:t is noes taxable send tax cert Ex up_les: testing, permits, & anything not specifically stated above. 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys?-4 PAYMENT IS DUE 10 DAYS AFTER INVOICE DATE AAA steal€ re talr; the right tru remove any materials or Erie lien for which payment Is at least thirty (30) days past due. Past due acceunts sltal I ic ut a two percent (2° ) per month Inte re st cha rge OR the outstanding balance_ THIS BI.L IS VALID FOR THIRTY (301 DAYS ADDITIONAL I ERMS OF THIS PROPOSAL 1 AGREEMENT ALL WORK PERFORMED BY AAA IS GUARANTEED FOR ONE (1) YEAR FROM THE DATE OF COMPLETION. EXCLUDED IN THIS GUARANTEE ARE ANY DEFECTS IN THE ASPHALT CAUSED BY BASE FAILURES. EASE FAILURES INCLUDE AREAS OF WATER "PON.DING", WHEN THE BASE IS EXISTING OR INSTALLED BY OTHERS, THE SLAB GRADE HAS BEEN PREPARED BY OTHERS, OR '/MEN OVERLAID ASPHALT IS TIED INTO PREEXISTING CONDITIONS. AAA WILL COORDINATE WITH PROPERTY OWNER OR.'tv1ANAGE1vtENT TO MINIMIZE At4Y INCONVENIENCE TO ALL PARTIES. O'da!N'ER; MANAGEMENT IS RESPONSIBLE FOR RELOCATION, REMOVAL. OR REROUTING OF ALL VEHICLES PRIOR TO START UP OF CONSTRUCTION. ANY TOWING WILL BE AT MINER/MANAGEMENT REQUEST AND OWNER/MANAGEMENT OR VEHICLE OWNER EXPENSE, AA.A. v'4ILL NOT EE RESPONSIBLE FOR ANY DAMAGES, E.G.: GRAFFITI, HAND OR FOOT PRINTS, TIRE RKINGS, ETC. TO FRESHLY FINISHED CONCRETE, ASPHALT OR SEALANT AAA WILL NOT BE RESPONSIBLE FOR UNDERGROUND UTILITY SERVICE, UNLESS "LOCATED AND MARKED" BY OWNER OR CONTRACTED TO DO SO PRIOR TO CONSTRUCTION COMMENCEMENT; INCLUDING BUT NOT LIMITED TO SECURITY GATE LOOPS !%ND UNDERGROUND WIRING, TELEPHONE, CABLE, ELECTRICAL GAS, SPRINKLER SYSTEMS, ETC. • ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. BID IS BASED UPON BEST QUOTE FROM SUPPLIERS AND IS CONTINGENT UPON AVAILABILITY FROM THAT PARTICULAR SUPPLIER. INDLI TRY SHORTAGES OR MAJOR CONSTRUCTION COMPONENTS MAY RESULT IN RENEGOTIATION OF PROPOSAL/AGREEMENT. • ALL WORK PERFORMEDBY AAA IS TO BE CO^MPLETED IN A T ItAELY MANNER. ANY ALTERATION OR DEVLATION'. FROM THE INCLUDED SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE PERFORMED ONLY ON EXECUTED, WRITTEN OR.DERS, AND WILL BE CHARGED OVER AND ABOVE THE ORIGINAL BID ESTIMATE/ORDER. S tN'SURED FOR S2,O0O,C100 GENERAL LIABILITY, $1,000,OC O AUTO, UMBRELLA AND WORKER'S C'0lA ENSATIUN WITH AN "A" RATED CARRIER At4D WILL PROVIDE CERTIFICATE OF INSURANCE UPON REQUE We thank you for the opportunity to bid your request and look forward to doing business with you! Should you Lave arty questions regarding this prcpos:atragreement; please call the bid Estimator. Respectfully Submitted, AAA Asphalt Paving, Inc. Daniel Ding Estimator ACCEPTED Authorized Signature for Customer Name Date Typed 1 Printed Name & Title Date SIGNED CONTRACTURAL PROPOSAL/AGREEMENT MUST BE RETURNED PRIOR TO STARTUP OF PROPOSED AND ACCtPTED SCOPE OF WORK AAA Proposal Bid No_0I147 7 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Am Asphalt This quotation is prepared for: R.G. Miller PROJECT NAME: County Read 100 Rehabilitation„ R.C_ 11i11'rer PREPARED BY: Daniel Ginger PROJECT DESCRIPTION: Read Reoen., Concrete paving TX LOCATION: Counter Road WO, Peari'anc1, AAA BID NO.0D48-1 ATTN: Shawn Packlhofer CONTACT: 281 1.887, SPachlhcfer 'rgrrniller..ccc ri DATE: 06/13%121)24 _ QUOTATION OF SERVICES ITEMS DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL. COST XX See items for Pelasssey Rai Frontage attached pricing - - - . , - , -- --- , 1 i -, $ - $ - - $ - PROJECT SUBTOTAL $ - TX State Sales Tax (8,25%) -gfr GRAND TOTAL $ 4,764,889.45 -"if project is non taxable send tax cert Excludes: testing, permits, & anything not specifically stated above. 05/13/2024 4866-5038-8435.v4 2024-0059 *** Daniel Biditem 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Exhibit A to Resolution R2024-165 CR 100 Road Replacement Budget (Massey Dinger Description Mobilization Constniction Staking for Paving and Stonn Erosion Control During Construction Clearing, Grubbing And Site Preparation; Complete Clean, Demuck and Fill Existing Roadside Ditches; Remove and Dispose of Existing Asphalt Surface and Remove driveways, all thickness Restore Disturbed Areas to Existing Condition or B Proposed 4-Legged Traffic Signal Imported Dirt; Complete In Place Spoil To Be Hauled To Massey Tract for Detention D 10" Reinforced Concrete Pavement With 6" Concrete 6" Reinforced Concrete Pavement With 6" Concrete C 2" H.M.A.C. Pavement; Includes Excavation And 10" 6" Reinforced Concrete Pavement For Driveways; Inc 2" H.M.A.C. Pavement For Driveways; Includes Excav Asphalt Tack Coat (0.15/SY); Complete In Place Concrete/Asphalt Header At Pavement Connections; C Pavement Connection At Bridge (All Inclusive); Corn Concrete Median Nose Painted Black; Complete In P1 Flex Beam Guardrail; Includes Terminal Sections; C City Of Pearland Type III Barricade; Complete In P 6' Concrete Sidewalk; Complete In Place Wheel Chair Ramps; Complete In Place Structural Concrete Retaining Wall; Complete In P1 Traffic Control Pavement Markings And Signage; Com Temporary Traffic Control During Paving Constnicti Mobilization Erosion Control During Construction Hydromulch; Complete In Place Remove Structures, S.E.T, Fences, Etc; Complete In Remove Existing Stone Pipes (All Sizes); Complete Utility Spoil To Be Hauled To Massey Tract; Comple Temporary Traffic Control During Utility Construct 6'x5' R.C.B. Storm Sewer, Includes Cement Stabiliz 60" R.C.P. Stone Sewer, Includes Cement Stabilizat 48" R.C.P. Storm Sewer, Includes Cement Stabilizat 36" R.C.P. Stonn Sewer, Includes Cement Stabilized 30" R.C.P. Stone Sewer, Includes Cement Stabilized 24" R.C.P. Stone Sewer, Includes Cement, Stabilize 18" R.C.P. Stone Sewer, Includes Cement, Stabilize Type "C" Manhole (42" And Smaller); Complete In P1 Type "C" Manhole (48" And Larger); Complete In Pla Type "AD" Inlet On R.C.B. Stone Sewer; Complete In Type "C" Manhole (42" And Smaller) With Type "AD" Junction Box with Type "E Inlet Top; Complete In P Junction Box; Complete In Place Type "C" Inlets; Complete In Place Type "AD" Inlet; Complete In Place Type "AAD" Inlet; Complete In Place 5" Reinforced Concrete Slope Paving; Complete In P Auger R.C.P. Stonn Sewer (48" & Smaller); Complete Tunnel And Jack R.C.B. Stonn Sewer (All Sizes); Co Roadside Ditch; Complete In Place Trench Safety System For Stone Sewer Constniction BID TOTALS Quantity 1.000 1.000 1.000 2.624 0.768 5,231.635 3,035.520 1.000 1.000 13,150.000 6,300.000 8,427.556 212.333 112.000 442.000 236.222 52.233 3.000 1.000 13.000 33.000 10.000 1,287.000 6.000 15.000 1.000 1.000 1.000 1.000 4.480 18.000 937.000 15,370.000 1.000 844.000 852.000 483.000 130.000 121.000 939.000 90.000 0.000 10.000 0.000 1.000 1.000 3.000 9.000 4.000 1.000 622.000 221.000 235.000 2,452.000 3,329.000 Units L.S. L.S. L.S. A.C. AC. S.Y. S.F. L.S. L.S. C.Y. C.Y. S.Y. S.Y. S.Y. S.Y. S.Y. GAL EA. EA. S.Y. L.F. EA. S.Y. EA. S.Y. L.S. L.S. L.S. L.S. A.C. EA. L.F. C.Y. L.S. L.F. L.F. L.F. L.F. L.F. L.F. L.F. EA. EA. EA. EA. EA. EA. EA. EA. EA. S.Y. L.F. L.F. L.F. L.F. Unit Price 75,000.00 3,500.00 5,000.00 8,000.00 8,000.00 12.00 5.00 7,000.00 175,000.00 30.00 15.00 125.00 82.00 42.00 81.00 42.00 9.00 2,000.00 5,000.00 125.00 75.00 3,000.00 65.00 5,000.00 975.00 25,000.00 5,000.00 75,000.00 5,000.00 2,500.00 2,000.00 21.00 15.00 5,000.00 950.00 750.00 450.00 375.00 225.00 175.00 135.00 5,000.00 7,500.00 8,000.00 8,000.00 7,500.00 5,000.00 5,000.00 5,000.00 5,000.00 55.00 18.00 10.00 Bid Total 75,000.00 3,500.00 5,000.00 20,992.00 6,144.00 62,779.62 15,177.60 7,000.00 175,000.00 394,500.00 94,500.00 1,053,444.50 17,411.31 4,704.00 35,802.00 9,921.32 470.10 6,000.00 5,000.00 1,625.00 2,475.00 30,000.00 83,655.00 30,000.00 14,625.00 25,000.00 5,000.00 75,000.00 5,000.00 11,200.00 36,000.00 19,677.00 230,550.00 5,000.00 801,800.00 639,000.00 217,350.00 48,750.00 27,225.00 164,325.00 12,150.00 0.00 75,000.00 0.00 8,000.00 7,500.00 15,000.00 45,000.00 20,000.00 5,000.00 34,210.00 0.00 0.00 44,136.00 33,290.00 Bid Total > 4,764,889.45 4866-5038-8435.v4 AAA st Exhibit A to Resolution R2024-165 PAYMENT IS DUE 10 DAYS AFTER INVOICE DATE etaan the right to remove any materials or file lien for which payment is al lead thirty (30) days past duo. Past due acoaufits shall Incur a two percent (2°) por month interest charee on the outstanding balance. THIS BID IS VALID FOR THIRTY 319 DAYS ADDITIONAL TERMS OF THIS PROPOSAL r AGREEMENT ALL WORK PERFORMED BY AAA IS GUARANTEED FOR ONE (1) YEAR FROM THE DATE OF COMPLETION. EXCLUDED IN THIS GUARANTEE ARE A.N:Y DEFECTS IN THE ASPHALT CAUSED EY BASE FAILURES BADE FAILURES INCLUDE AREAS OF WATER. "PONDING', WHEN THE BASE IS EXISTING U? IN°S.TALLED BY OTHERC, THE SUE GRADE HAS BEEN PREPARED BY OTHERS, OR WHEN OVERLAID AS PH IS TIED INTO PREEXISTING CONDITIONS. AAA. Wf L COORDINATE WITH PROPERTY OWNER OR MANAGEMENT TO MINIMIZE ANY INCONVENIENCE TO: ALL PARTIES. OWNER,+MANAGEMENT IS RESPONSIBLE FOR RELOCATION, REMOVAL OR REROUTING COFALL VEHICLES PRIOR TO START UP OF CONSTRUCTION. AJ4Y TOWING WILL BE AT OWNER,'t1ANAGEMENT REQUEST AND OWNER/MANAGEMENT OR VEHICLE O'JV'N.ER EXPENSE_ A'.“A WftL NOT BE RESPONSIBLE FOR ANY DAMAGES, E.G.: GRAFFITI, HAND OR FOin PRINTS, T IRE MARKINGS- ETC., TO FRESHLY FINISHED CONCRETE, ASPHALT OR SEALANT AA.A WILL NOT EE RESPONSIBLE FOR UNDERGROUND UTILITY SERVICE,. UNLESS 61LOCATED. AND MARKED" BY OWNER OR CONTRACTED TO DO CO PRIOR TO CONSTRUCTION C MMENCFMENT, INCLUDING BUT NOT LIMITED TO SECURITY GATE LOOPS AND UNDERGROUND WIRING, TELEPHONE CABLE, ELECTRICAL, Gr.S,. SPRINKLER SYSTEMS, ETC. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED BID 13 BASED UPON BEST QUOTE FROM SUPPLIERS AND IS CONTINGENT UPON AVAILABILITY FROM THAT PARTICULAR SUPPLItR. INDUSTRY SHORTAGES OR MAJOR CONSTRUCTION COMPONENTS MAY RESULT IN RENEGOTIATION OF PROPOSAL/AGREEMENT. • ALL WORK PERFORMED BY AAA IS TO BE COMPLETED IN A TIMELY MANNER. • ANY ALTERATION OR DEVIATION FROM THE INCLUDED SPECIFICATIONG INVOLVING EXTRA COSTS WILL BE PERFORMED ONLY ON EXECUTED, WRITTEN ORDERS, AND WILL BE CHARGED OVER AND ABOVE THE ORIGINAL BID IMA. f EIORDER. • AAA lis INS1URED FOR $2,000;0'J0 GENERAL LIABILITY, $1 000,000 AUTO, UMBRELLA AND WORKER'c COMPENSATION WITH AN "A" RATED CARRIER AND WILL PROVIDE CERTIFICATE OF INSURANCE UPON REQUEST. We thank you for LhQ opportunity to bid your reyueat and look forward to doing business with you! Shaufd you I a:e a ny questions regarding this propos_ tfagrecrnent., please cell the bid Estimator_ Respectfully Submitted, AAA Asphalt Paving, Inc. Daniel Anger Estimator "ACCEPTED: Authorized signature for Customer Name Date Typed 1 Printed Name & Title Date SIGNED CONTRACTURAL PROPOSAL/AGREEMENT MUST BE RETURNED PRIOR TO STARTUP OF PROPOSED AND ACCEPTED SCOPE OF WORK. AAA Proposal .E d No.GG48-1 10 4866-5038-8435.v4 Exhibit A to Resolution R2024- l 65 Keys I City of Pearland 3519 Liberty Drive Pearland, Texas 77681 Tel: 281-652-1600 Hidi Criswell, PE, PTOE BGE Inc, 23501 Cinco Ranch Blvd Suite A-250 Katy, TX 77494 March 22, 2022 RE: TIA2O-00017 «Transportation Impact Analysis Update for Lew Tract Dear: Mrs. Criswell, The City of Pearland has reviewed the most recent submission of the Lew Tract development located in the southeast quadrant of McKeever Road (CR 100) intersection at Harkey Road, The City of Pearland has no objections to the mitigation measures stated on the report and design submitted on 01/09/2023. If significant design changes. occur in the future, the '1 IA may need to he revisited, The mitigation considerations because of the development area as follows: Year 2=zes I . McKeever Road at North Masters Road: As outlined in the Second Amended Development Agreement, it 15 recommended to install a traffic signal with a northbound right -turn lane and a westbound right -turn lane at the intersection of McKeever Road at North Masters Road. It is recommended that a 300-Afoot northbound right -turn lano be constructed and the westbound right -turn lane be constructed with 100 feet of storage and a 100-foot taper_ The traffic signal and right -turn lane should biz) constructed with the development of Phase 1 through Phase 4 of the Massey Oaks Residential Development and be installed prior to the first occupation of Lew tract. McKeever Road at Harkey Road/ Future Harkey Roth- As outlined in the Second vended Development Agreement, it is recommended to construct 200-foot Ieft�turn lanes on all approaches. 3, McKeever Road at Driveway 1- Per the conversations with 13razoria County and the City of Pearland, it is recommended to restrict Driveway 1 to he right- intright-out operations acalleaalaloxaw 11 4866-5038-8435.v4 Keys 9 - Exhibit A to Resolution R2024-165 4. Future Harkey Road at Driveway 3 - It is recommended that a southbound Ieft-turn lane be constructed at Driveway 3 with 100 foot of storage and a 100-foot taper. 5. Future Harkey Road at Driveway 2- It is recommended that a southbound left -turn lane be constructed at Driveway 2 with 100 feet of storage and a 100-foot taper. Although it is not warranted until Year 2030, it should be constructed in Year 2025 with the construction of the Ieft-turn lane Driveway 3, Other Miticjatiraiunal 1. The developer should provide in escrow with the City of Pearland a maximum of 16% of the total cost for a traffic signal at the intersection of McKeever Road at Harkey Road/Future Harkey Road prior to approval of Lew South Residential Section 2. Based on the estimated cost of the traffic signal to be$470,003.62, the developer's cost is $75,200,58. If you have any questions, please call me at 281-652-1686. Sincerely, rfrectoi ileamejv Yolci Ramirez, BIT Traffic Engineer CC: Rajendra Bhrestha, PE, City Engineer 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys I - 4 Massey Oaks Development, LP 'SVA CR100 — A.sph all Reconstruction r.g. rtiirliyr' OCCht WORK AUTHORIZATION CR100 Asphalt Reconstruction DATE: March 28, 2024 TO: Massey Oaks Development,, LP PROJECT: CR100 —Asphalt Reconstruction Roadway Design Design of CR100 from FM 1128 to American Canal to City of Pearland and Brazoria County Standards and Regulations Roadway Design Subtotal Construction Phase Services Weekly Field Visits and Project Inspections Construction Phase Services Subtotal Total Notes: $96.000.00 $96,000.00 S181000.00 $18,000.00 $114,000.00 11 This work authorization was prepared in accordance with the terms and conditions of the Master Services Agreement and all amendments by and between Massey Oaks Development, LP and R. C. Miller Engineers, Inc. 2) SWPPP is included. 3) The design services include the design of asphalt pavement replacement for CR100 from FM1128 to American Canal. There are no anticipated proposed drainage improvements aside from cleaning of existing roadside drainage ditches and reestablishing the ditch grade. 4) These services include preparing the design package for submittal to City of Pearland and Brazoria County. 5) Ceotechni.cal services are not included in this proposal. The asphalt pavement section will adhere to the section provided by City of Pearland in the interlacal Paving Agreement for Herridge Rd, Holland Rd, and Harkey Road south of Bailey Rd. 6) Construction Staking and Control Staking will be provided by Miller Survey Group as a Contractor cost in the bid package. 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 1-4 Massey Oaks Development, LP CRIOO — Asphalt Reconstruction 7) The schedule outlined is based on a review period of 4 weeks per submittal (60%, 90%, and Final) by City of Pearland and Brazoria County. If the reviews by these jurisdictions takes longer than anticipated', the schedule will be adjusted accordingly. 8) Fixed Payment Plan Breakdown includes 6 equal payments for the Roadway Design and 6 equal payments for the Construction Phase Services ACCEPTED: Massey Oaks Development, LP Printed Name Date Alberto Espinoza; P.E. Project Manager R. G. Miller Engineers, Inc. 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 1 - 4 Massey Oaks Development, LP WA CRI0D — Massey Oaks Frontage r.g. miner cccs# WORK AUTHORIZATION CR100 —Massey Oaks Frontage DATE: March 28, 2024 TO: Massey Oaks Development, LP PROJECT: CR100 - Massey Oaks Frontage Roadway Design Completion of design of CR100 from American Canal to Harkey Road to City of Pearland and Brazoria County Standards and Regulations Roadway Design Subtotal Traffic Signal Design Traffic Signal Design at Harkey Road and CR100 intersection Construction Phase Services Traffic Signal Design Subtotal Construction Phase Services Weekly Field Visits and Project Inspections Construction Phase Services Subtotal Total Notes: $130,00100 $130,000.00 $30,000.00 $5.000.00 $35,000.00 $75,000.Q0 $75,000.00 $240,000.00 1) This work authorization was prepared in accordance with the terms and conditions of the Master Services Agreement and all amendments by and between Massey Oaks Development, LP and R. O. Miller Engineers, Inc. 2) The design services include incorporating drainage changes, revising the design as necessary based on the drainage changes, utility coordination based on the updated design, and completing the design package for submittal to City of Pearland and Brazoria County. 3) Geotechnical services are not included in this proposal as they were already performed on a 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 1 - 4 Massey Oaks Development, LP WA. CR100 — Massey Oaks Frontage prevaous work authorization. 4) Changes to the proposed drainage will adhere to the recommendations provided by R.G. Miller Engineers and agreed to by Massey Oaks Development, LP 5) Construction Staking: and Control Staking will be provided by Miller Survey Group as a Contractor cost in the bid package. 6) R.G. Miler Engineers, Inc recognizes one (1) submittal: has been provided to the Citj of Pearland and Brazoria County, which the jurisdictions would' consider the 60% submittal. The efforts related, to this work authorization will consist of submitting the 9Q%• submittal and Final' Bid submittal 7) Fired Payment Plan Breakdown includes 5 equal payments for the Roadway Design and 10 equal payments for the Construction Phase Services. ACCEPTED: Massey Oaks Development, LP Printed Name Date Alberto Espinoza, P.E. Project Manager R. G. Miller Engineers, Inc. 4866-5038-8435.v4 Key6& 14 1AM,cnitty Oak L'ttirtlupn►tnP ftl�i taa (sntuL,txt_iutt lusts data cabala It Exhibit A to Resolution R2024-165 Otktpitatrl Conirm rt Chasmic thatn T util Cuntastt l llktttl lrui ban Patti man turn plait Cumin.at &Mina 1 MaiIJAnk_tt 3' Mier ha. fit' utaAitot, Sit at Pnspttt:adim 3 Ty %' Mink On 4 Tye %r wj'E" ittkt Tcp S Twit UC Mtnt,uls wr'0' Inlet Taw 6 Tyue 'V hfri Kitt finials! fur 24" RCP Sinus t 5e Rriitru' ad Ci r_tsts Skim ?erriits 9 'Etna tiaFleithail is ait k1&. r 5*,tla liras tat;&;t 11 Tsttirptuiv Dubai* SMg'c 11• flagidd'ir fbiletbide Citth 13 te Del16 14 Ef Lair'elalso sttI3 But 15 I usl ipt.teAterAss tails/p 16 1)' 'eV Ea Cc, auto la 17 Multi uf WNW nig% it fAltt4.r Mstitulr iJ lliritat M4tlit 20 attsTtui.S.Wsslluut 21 asip 11 lutist Nutstalirn 21 Fit IMimi* d fgtto Fait itk 23 Nktfratmkh St Eta rit 25 Twit tStith HIM Datn 26 10* Nth tiet'Ltd Cuttstir Psing 27 6' Ri'&trtn.sd commis i'awhK 2R Tit Oft ritual 29 Firm rho ty Extaatiu n 30 it/biked Sair sic 31 liras dusty 3 Y Sp tts t b Tt rtttii STst u 33 ltt7 Spc4ks 34 Fit ruuus EAWit Tyia t1t tMi t1(.a !'ts 35 ►tiril Ty $1t Bit titv1 pn flDi tat Pndsud 35 Ii tail Ty+a 11 lie tIx3 ! s wt!mirts Cies 37 lSluetiar Kprdlin Myth kst 31; Sltwk wltnl Chia Rens:a 39 Pttttiri►tntStilts-HA 40 C,urdratl 41 atitair& My Bit tint 4Y Matitutrtitts or E:hisag EtuJim 43 FfgtatiukhE satin 44 Flttsoc1i Ruad>etI* 0itds Turalt iLnt�"trkiK Ctnnraa 8dsiLit Pius Rsit=rtkt* 63't 1t.G3 3 ki)00.00 17,30Ctu.' Y,.tS+Ct00 3, t!Cta 27,3Ga0Lt 1,40a DO 10400'.G3 24.001G0 13,5G`t0u t r.ASOL0:t 7',SG:toa O.1.' 1,200.OD Et5(Pa G3 Alta WI 8,.001 1,60100 7',20a00 Staertt 335,AY&ti OD 2&ix .o_' 1;1i0 .00 Y,lta2.05 19,0E 1.00 2 },.15CtK:t 6,50Ct05 lg50as5 5Mk00 0100 1,3Stx00 6G3.00 400100 t3,0G_t00 11,2010u 5 0itaoo 7,2G .G3 S i 00.00 ti fill. 00 31,os t)i' 3;1S tG5 27,3G.t03 104ttb0Cti»:' 2itixicitG:t 1�sG:tG3 Y,,4ECuSaki. OD OM. 00 7,501GD 1,001110 1,200.110 t k.5011 :t 31iiO3.G3 El.000.G_t 4020:t 1400. u{;i 17,E1FAGu Z2Gat13 Ati4ruaG5 335,43 .(10 23003.G9 1„0020» 3,1162.00 19)061.00 29„11/1i» C500.00 t0, 501O3 500.00 44,500.00 1.1E4 00 60100 ADOIDO 13,400100 /6,00100 11,20100 5ao A00 73saO:t 5,00100 31,0 $1 17)00.a) tttlhOCt 2&r4Ga G:t WO. C ' 1100‘i ifl00 tkfoa.00 ZAEct1t ctooloo 7.5ria :t 3, DM CO 1,2G100 65G).G0 A 001 G=t 16.40a00 Y,b bit:00 20.150‘D) MB 04 OD 66% 3,9C il.t r1 1OEt% 100% IAA 10a% 100% 1t0%a 100% It O% 100% its 3/06 C0 4400000 (t?4 2at:t.CO 0% 1oat 05t; 17,)15111Xt tr% 3.geit uti try~ 3345/478.00 tit% 4fial fib tik 1,tt 0X0 100%; tr% 1 0Ei1..t 100% 0% 6,5005:0 05t; 10,500_ 0 try~ 500_00 i1 ti 4,5011001 0% 1,151100 0% 60000 0% 4,021' ) 0% 13,oiaOAD 0% 16 241CG 05r, 11,300.00 ifu� % 5,0041.0 G0% 000,00 .10 41. 40 Oa 40 40 0,000.60 361hh63. 43% 487,939.00 Tutal Ella! 325.1154.90 524,145.10 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Key 7 r.rbt g.117iiler KEY 7 SOUTH HAR:KEa RC r-� a -ir• Mk L11,` ■►1 357 ACRE PEARLAND TRACT PRELIMINARY ENGINEER'S ESTIMATE FOR THE CONSTRUCTION] OF P AVINGv STORM SEVER, SANITARY SEWER, & WATER LINE PER CM? OF F EARLAND+ T.I.A. & UTIUTY REPORT OLLECTC'F. TO HASTINGS CANNOM PAVING & STORM ITEMS DESCRIPTION 1cr Relibroaki Concrete Parienerdrillth £' Curb, Ircloi s Exr.3+aI1Qn And Urre StatfltZatc �o For One Halt ante Boulevard Anti A J.on Of The F uJI IBrx:iei ; Complete In Plan 2. RTi'em/e t t+iarkIrgs & Slgnage; Ccerrga [h Place 7.6” RO.R Storm Sea►err 1ndu�s Cement S1S11Lze➢ Belding lend Ba*I1It Complete in Play 4. 317' R.G.P. Strom Swarm 1netul es Clement SlatlltEed Belting And Bf;ItIC Complete in Plate 5. 24- R.C.P. Stumm Sew, Cement Sttlltae►➢ Beiaing And Bakdilt Complete in Place 6. 2471 R.O.P. Stcrm Sewer Lead, IrclLtles Cement S't lilte3 Eeicirg Arc' E3"i;tlf Complete In Place 7. Type tc Man]cle (47 And Smallerc Complete In Place 8. Type'H-2" Inlets; Corrtp ete In Place Temporary Drainage Swale Fcr OIT-Stte Sheet Flow; Complete In Place 1 D_ Trench Gaiety System For Storm Sewer Canstrvobcn 9. 11. Cear`rrg, CruttrTrg, Aid Zile Pra eraticn; Complete In Place UNIT QUANTITY UNIT PRICE Ls. L.F. LF_ L.F. EA. EA. 4 L.F. 2,01 C L.F. 2.23 AC. .5 Way / i . 2! C-. TOTAL DE'.'`ELDP'ER SHARE. CITY SHARE f,e353 512510 S 1 E6,42 OD 1 S7,tO].133 47 oaC.on 71 D 5140.C10 $99#1 y.f7➢ 346 412+➢.CO $41,52a03 956 I&O.IIC S56,740o3' 1356 I&O.00 514,940.00 45 53,403.03 52D,:43D.03 51 2,03D.D3 55,00.133 52 35.C'3 S4C+.0O3D.O3 TOTAL • SOUTH HARKEY RD [COLLECTOR TO HASTINGS CANNON) PAVING & STORM ITEMS $-1,030,673.0C SUMMARY I. TOTAL COSTS S75i5,62513D+ 159,4ct1OD 441,521100 SE£�,740.0D 414,940.0D 520,4Ct100 S4O.OcCIOC $1,050,673.CC tr 4- SD 5D 50 SC TOTAL DEVELOPER SHARE CITY •ILIARE KEY 7 TOTAL - JTH R RK.EY R0 (COLLECTOR TO HASTINGS CANNON) PAVING & STORM ITEMS 51,0c0,5 3.OD SUBTOTAL $1.cen,673 +15% CONTINGENCIES S103.6341 GRA/4D TOTAL M.%iw P4015011S L142 3,, JO-t tiAtii#t Cts'44SI1 020 c ticieMnrialtttrtd N*iry C', bi Krr CIA 2It‘ DE07 Au y 31 $1,254,5C4 1,292,573.30 $'1,Cr3C,673 $i 0.631 $1,254,534 0+ 0 43 .5.2 F:ge1or1 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 8 & r.o* filler a a YLalosITN 357 ACRE PEARLAND PROJECT FOR THE Cirri OF PEARLAND PRELIMINARY ENGINEER'S ESTIMATE FOR THE CONSTRUCTION CF PAVING & STORM SEWER Key 8 & 9 HASTINGS CANNON ROAD FROM SOUTH HARKE',' TO THE EXISTING '.' ESTERN DE.AD END I. DISTRICT ITEMS DESCRIPTION A. PAVINS SITE WORK ITEMS UNIT QUANTITY UNIT TRICE . Mobilization I:1`' L_S. 1 Construction Staking for Paving and Storm. Erosion Control During Constnuc ion L ^ 1 4. Ctearfng, Grubbing And Site Preparation: Comptete In Place 1 A.G. 3.68 5_ Restore Disturbed Areas. to Existing Condition or Better; Comptete to PIa-ce . Spoil To Be Hauled To Massey Tract for Detention Ditch; Comptete In Place C.Y. 7,123 B. PAVIN s !TEN S 2 F, H.M.A.C: me 8" Flexible Base Course 8" Lime Stabilized Subgrade DESCRIPTION C. SITE WORK ITEMS . Mobilization r' Erosion ? Control U ring Constructor! : ::. Hydrornulch; Comoiete In Place T O N C UNIT =traf - A.C. $3Ci,2 0.C'O S125,000.013 S17,5D0.C'O S 12,500.C'D $1,000.C'O $15.00 TOTAL - PAVING SITE WORK ITEMS 1,62g 2,634 13,826 2150.N 220►D.00 $10►. C D TOTAL - PAVING ITEMS Q. U AN T ITY 4 UNIT PRICE $e.,330.00 $5, O DO_C'D $2,5OO.CD TOTAL - SITE WORK ITEMS TOTAL $36, 2 DO.C►D $125, D0 0_C'D S17,500.00 $46, 0 00.00 $1,000.00 S 106.845.CDO $332,545.01: 5244,350.CD $526,8Du.0 S 138,260.0D $909,4.10.00 TOTAL $5,DOO.C'O It -,330.CD •Fc,2DC.0 $19,200.00 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys $&9 DESCRIPTION STORM SEWER ITEMS . Roadside Ditch; Complete In Place A. TOTAL - B. TOTAL - C. TOTAL - O. TOTAL - PAVING SITE WORK ITEMS PAVING ITEMS SITE WORK ITEMS STORM SEWER ITEMS CATEGORY UNIT 0:-.)UN,I`JTIT Y LI NIT PRICE L_F. C,5 4 C 56.C'f TOTAL - STORM S EWER ITEMS TOTAL - ITEM COST SUMMARY SUBTOTAL +20'.4 CONTINGENCIES GRAND TOTAL CONSTRUCTION COST SUMMARY CITY TOTAL COST COST I. 100% District Cost Items 5 1,574,$94. DD TOTALS Notes $1,574,6y4.00 $ 0.00 TOTAL $51,0 gC. C $51,090.00 $1,312,245.000 $332,545.00 $909,410.00 $19,200.00 $51,090.00 $1,312,245.00 $262,449.00 $1,574,694.00 DEVELOPER '•_ _r • T S 1,574,694.00C $1,574,694.0C 1) Price Adjustmer is railbe necessary aster three months frcrn the date of this estimate.. 2) This estimate does not include costs associated with pipeline adjustment or relocation. 3) This estimate does not include cysts associated with existing utility adjustments. 4) This estimate does not include costs to relocate power poles. This estimate is based on a Bran ria County standards for Local County Road. Any changes to roadway 5) classificatior, '.iou)d need to be reevatluated. 13) This estimate assures no burning of clearing and grubbing. It will be hauled off.. 7) This estimate does not include any costs for easement acquisition. 9) Any costs associated with phasing of the project are considered incidental to the tine items detailed in the D'PO . 9) This estimate assunes no down stream thann el, storm sewer, or detention facility improvements will tie r et:_ ssa yy. 10) This estimate does not include costs for stom t l' ater quality features.. 11) This includes bonds, insurance. tab testing. permits, license fees, eta,. 12) Dewatering may be required since Geotech Report is not available. M Mel P 4351.0C4'E L:W293_SCPAUO_Ee,.Aa:Sey_0als'.1 51.13Q11 Gertrar+AflmKE:lmaten:317 Arre Pear -arc: Ercjeci Colt Esti/Nate 24.O5.C9s sJHarte'j Welt a;d Ha:L`r.g: Carron 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 12 & 13 reg. miller .13C-eir4 WATER LINE EXTENSION ALONG CR-100 EAST FOR THE CITY OF PEARLAND FROM E ARKEY RD TO VETERANS DR TO CR101 PRELIMINARY ENGINEER'S ESTIMATE FOR THE CONSTRUCTION OF WATER LINES 1. DISTRICT ITEMS DESCRIPTION A. SITE WORK ITEMS 1. Mobilization 2. Erosion Control During Constru on 3. I-Iydrom ulch; Complete In Place UNIT QUANTITY_ L.S. L.& A.C. UNIT PRICE 1 $140,D00.00 1 $S0,O00.00 0 $2,500.00 4. Utility Spoil To Be Placed Within Massey Oaks Per Exhibit; Complete In Place C.Y. 5,8G'0 DESCRIPTION UNIT B. 12" WATER LINE ITEMS (CR100) $10.00 SUBTOTAL - SITE WORK ITEMS QUANTITY 1. 12' DR-18 (C-905) P.V.C. Water Line, Includes Fittings, Bedding And Backfill; Complete In Place L_F. 7,850 2. 12' Certa-Lok Joint Water Line, Incluxdes Fittings, Bedding And Backfill; Complete In Place L.F. 111 3. Auger For 12" (Certa-Lok) Water Line, All Inclusive; Complete In Place L.F. 4. 12'Wet Connection; Complete In Place EA. 5. 12' Gate Valve And Box; Complete In Place EA. 0. Air Release Valve At Aerial Crossing; Complete In Place EA. T. Flush Valve Assernbty, All Depths, Includes All Fittings; Complete In Place EA. 8. 2" Blown -Off Valve, Includes Pipe Plusg; Complete In Place EA. OE5 3 9 UNIT PRICE $80.00 5140.00 $100.00 $1,500.00 6,500.00 1 $8,500.00 24 $7,500.00 5 $2,300.00 May g, 2024 TOTAL. $140,000.00 $5U,D00.00 $15,G'00.00 $S8,D00.00 $263,000.00 TOTAL $628,000.00 $ t 5,540.00 $6,500.00 $4,500.00 $40,500.00 $8,500.00 $160,000.00 $11,500.00 Page 1of3 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys 12 & 13 DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL g, Restore Roadside Ditch To Existing Or Better Condition; Compete In Place L.F. 10. Trench Safety Fo DESCRIPTION Lin`-- Cons ruction L.F. C. 1S" WATER LINE ITEMS (VETERANS DRl 1. 1e` DR-18 1,C-9C5) P.V.C. Water Line, Includes Fittings Bedding And Backfll; Complete In Auger For ie" Water Line, All Inclusive;. Complete In Place Net Connection; Complete In Place 4_ 1e" Gate Valve And Box; Complete In Place EA.. Ir x 12` Reducer. Complete In Place 6. Flush Valve Assemibly, All Depths. Includes All Fittings; Complete In. Place Restore Roadside Ditch Tc Existing Or Beter Condition; Complete In Place 7,888 Sg•00 $71.064.00 7,851 $1.00 5.7.805.00 SUBTOTAL -CR100 12" WATER LINE ITEMS $974,000.00 UNIT QUANTITY UNIT PRICE TOTAL L.F. 5,30 05.00 $55>$.500.00 L.F. 00 5115.00 $10,350.00 EA.. 2 ;r2,200.00 S4.400.00 Se5,c-J0.00 5 $13.000.00 EA_ 1 5500.00 5500 f10 Eik 17 $7.500.00 5127,500.00 L.F. 5,210 SC'.00 $48,800.00 . Trench Safety For 'v4"a er Lune Cons!ruction L.F. 5,210 S5.210.0 SUBTOTAL - VETERANS DR 16" WATER LINE ITEMS $816,350.00 TOTAL - ITEM 1 $2,053,350.00 IL CITY OF PEARLAND ITEMS DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL A. UPSIZED WATER LINE ITEMS ICR1001 1. Additonal Cost to Upsize to 16" DR-18 (C 905) P.V.C.Water Line, includes Fittings, Bedding And Backfill; Complete In Place 2. Additonal Cost to Upsize to 16' Certa-Lok Joia Water Line, includes Fittings, Bedding And Backfill Complete In Place Additonal Cost to Upsize to Auger For 16" Water Line, All Inclusive; Complete In Place L.F. L.F. 7,E50 $25.00 S106,250.00 111 $15.00 $1,665.00 F. 65 $25.00 $1.625.00 Page 2 of 3 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Keys12&13 DESCRIPTION . _ Additonalf Cost to Upsize to 16" Wet Donne-clion Complete In Place? UNIT EA.. 5.. Addi.tonal Cost tro Upsize to 1 e" Gate Valve And Box; Complete En Place EA.. QUANTITY 3 UNIT PRICE .$700.00 $8,500.00 SUBTOTAL - UPSIZED WATER LINE ITEMS COST SUMMARY DISTRICT COST (Subject to 100% Reimbursement) A. TOTAL - SITE Val ORK FTEMS B. TOTAL - 12'WATER LINE ITEMS B. TOTAL - 1 e' WATER LINE ITEMS 11_ CITY OF PEARLAND A. SUBTOTAL - UPSIZED WATER LINE (ITEMS SUMMARY TOTAL COST $2.,331,490.00 Notes TOTAL -ITEM11 SUBTOTAL TOTAL - ITEM 1 SUBTOTAL TOTAL - ITEM DISTRCCT SHARE $2,0653,35D.OD 1) Unit pric-s are Wised on current market prking and can change at any time. 2) This estimate does root inc a costs associated worth pipeline adjustment or relocation (if needed). 3) This estimate does not inolode costs associated with existing utility adjustments (if needed). 4) This estimate does rot inolde costs to relocate power p►o&s (if needed). TOTAL $2,1 00.00 S76,500.00 $278,140.00 $278,140.00 5203,000.010 59'74,0001.OD S815.350.0D $2,053,350.00 $2,053,350.00 S278..140.OD $278,140.00 $278,140.00 CITY OF PEARLAND SHARE 5278, 1 40.0D M f,1i' ao P4361.00;E tit +siccmportahmyshnrepotiLcc encnal:Dncttarer wallet comillocurren1:11D:1. Q a EVP C'JTgcopy CR-10C Harney RAW, Waterine rtrtEr1t e►S? REv.ts1: `sett 1 Page 3 of 3 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Key 15 1' tY miller 11 tam KEY 15 rat rem's 411 357 ACRE PEARLAND TRACT PREUMIP4 RY ENGINEER'S ESTII .TE Feet THE CONSTRUCTION OF PXu'INFS. STORM SEWER, SANITARY SEWER, & WATER LINE PER CRY Gf PEARLAND T.I.A. & U1T1UTt REPORT SOUTH HARKEY III [COLLECTOR TO HASTINGS CANNON! WATER LINE ITEMS DESCRIPT10tI 1. 12" ER-1i -=O3; P.V.C. Laker I MAlcng South tfatey. R acl, Rages finings, Bank Sancti hj /ini B3 t ll; c ornplete In Place 2. Auger tcc 12 trier Line; Compel* Iro Ram 3. 12' Gate Valve Ant Box CO'rWIel)e Im Fax 4. Flush VaVe. erriDty. All Demos, Incimies.MI FUirigs; CorrOeleIh Ptace 5. Trench Safety System For t Tater Lie Corlett cllcn May 7, 2f. 4 UNIT QUANTITY UNIT PRICE TOTAL DEVELOPER ; HARE CITY SHARE LF. 2',D LF_ 100 EA EA_ 6 LF_ 2,1►DD Srl&ocaoD St4,pDGp3 0 5 ,5110.01 won cc 111 OD 42„ 10D.G1 TOTAL - SOUTH HARKEY RO aCO+LLECTO R TO HASTINGS CANNON) WATER UNE ITEMS SUMMARY I. TOTAL COSTS 241,CCCt.OQ TOTAL KEY 1 E TOTAL - &YJTH HARKEY RO ( LECTOR TO NASTINGS CANN)C.N) WATER UNE ITEM 5241p6C0.0D SUBTOTAL $241,030 415% COUTINGENaES $36,240 GRAND TOTAL P401500E L142 3J3CA JOr&R41 ssleetes'I4M1t OChi i ailiglS(e1t eat/WI ss, 004 Karp CIA%24.f'c!:1i aiuI rJ0 $277,640 St 67,OCOOD $1d,.OcaOD 420500.00 545,0E0.0D 52,10003 $50,CCOE00 $C� DEVELOPER SHARE CITY SHARE 5250,600.00 2,00C.00 $250,GO0 Sacco $37,5$3 $300 $2,3Cri Page 1 of 1 4866-5038-8435.v4 Key 17 Massey Oaks Development 515enrices Harkey Road Sanitary Sewer Lift Station Item _ Description 1 M'obili:tion, Bond: & Insurance 2 Site Prep 3 Site Fill 4 Lift Station 42 'NetWell Wall 4b Sinkig Wet Well 4c Bottom Slab 4d Top w•/ Hatches &V;he Pad 4e Pip, Valve: & Fitting: 4f Purr.p: & Bases 4g Mist Metals 5 Electrical 5a 5e vke Entrance 5b Controls & Special Systems 5c Motor: & Purrp: 5d Site lighting 5e Device 5f Service Feeder Conduit 5; Strict Feeder Wire 5h Underground Conduit 5j Wire In Underground Conduit 5/ Exposed Conduit 51 Wire In Exposed Conduit 5rn Generator & ATS Hook Up Sn Srstern Check 6 40kW Diesel Generat & Pad 7 6' Paving Subgrde Prep g 7' Reinforced Concrete Paving 9 15" PVC G ravi ty St we r 10 10" PVC Grrity Sevier 11 4' Sewer Manhole 12 Trench Safety 13 S' PVC Force Min it 2' PVC Water Line 15 Drainage Swale 16 Protective CoaEn; Pipe 17 Wet Well Liner 18 F{ydrornulch Seeding 19 Dewaterir; of Subsurface Excavation 20 Filter Fabric Fence 21 Fencecrete Force 22 6' Pipe Bollard: 23 Stabilized Construction Entrance 24 Concrete Truck'Wasl-out 25 20' Access Road 001 20' Acct.:: Road Tot': Quantity 1 1 200 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 606 657 14 20 1 20 65 1 167 1 1 1 1 400 272 18 1 1500 •1500 Remaining Contract Balance Pius Retention Exhibit A to Resolution R2024-165 Rate 50: 00000 1000000 10 CO OP 393: 235 .00 55..00080 35,00080 25,G0000 140,00000 100.00000 15..00000 • 15:000 00 43,C0080 1,.500130 3.00000 50080 6.750.00 4..50000 13,00080 3.00000 4,25000 1.00000 4,C0000 50000 6000000 3000 4500 2500.00 00 2,70000 15,00000 10000 250 00 7,500.00 10.00 20,00000 20,000.00 2,00000 20,00000 400 175.00 1,000.00 1,00000 1,00000 100.00 100.00 Original Contract 50,000.03 10,030.00' 2,030.CO 393,235.00 65,000.03 35,000.03 25,030.031 140,000.000 100,030.00 15,000.03i Olp 15,030.00 43,000.03 1,500.031 3,000.00' 500.00 6,750.0) 4,500.03 13,030.031 3,030.03 4,250.03 1,030.00 4,000.00 500.034 60,030.00 20,560.00 29,565.03i 35,000.00 54,000.® 15,000.00 2,000.03 16,250.00 7,500.03 1,670.00 20,000.00 20,000.00 2,000.03 20.000W 1,E00.00 47,600.03 18,000.00 1,000.00 1,000.00 150,000.00 Change Total Orders Contract 50.000.CO 10..000.00 2,000.00 3•93_235.00 65,030.03 35,C'DO.CO 25800.030 140..030_03' 100,030.031 15,0130.00 15; CGO.CO 43:C'OO.CO 1500.00 5.000.00 500.00 6,750.03) •!,500.CO 13,COO.00 3000.CO •:,250.00 1,000.00 4.030.03 500.00 60,000.0t3 20.550.00 29 555.03 35.030.00 54,030.CO 15,000.00 2,000.00 16,250.03 7,500.00 1:67080 20; 000.00 20. 000.00 2,000.00 20,000.03 1,600.00 47,600.00 1s.000.00 1,000.00 1:030.00 150000.00 (150,00000) (150,000.00) 1,458,030.0D (150000.00) 1,308,000.00 Billed To Date 50,000.00 10,000.00 2800 • 393,23500 65,00000 35,000.00 25,000.00 140.030.00 100_000.00 15..000.00 OP 15,00000 43,000.00 1500.00 3:000.00 500.00 6..75000 4,.500.00 13.000 00 3,00000 4,250 00 1:000.00 2:000 00 9,00000 20.530.00 29,565 00 35,C00.00 54,00000 15,000.00 2.000.00 16,250.00 7,500.00 • 2Q000.00 20,000.00 • 20.000.00 • 43,750.00 16,03080 1,000.00 1,000.00 • Percentage Contract Complete Balance 100%4 100% 100?4 100?4 100% 100%4 100?4 100%4 10O'4 100% itDIWO ! 100% 100°.4 100% 100?4 100?4 100% 100?4 100% 100% 100% 100?4 50?4 2.00000 0?4 500.00 15% 51:000.00 100?4 100?4 100?4 100%4 100?4 100% 100?4 100% • 0?4 1.670.00 100 e - 100?4 - 0?4 2,000.00 100% - 0% 1..600.00 92% 3,650.00 100?4 1004 100%4 0% 150000.00 03 (150000.00) • • dpip • • • OP • • OP OP Mb OP OF • • OP • - 1,2t5,31.O.00 (124,536.00) 95% 62:620.00 Tot I Billed 1,120842.00 187,150.00 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT C Roadway Improvements Map 4866-5038 8435.v4 Exhibit A to Resolution R2024-165 mr.A001Wf T7C rin cs,,zs. ►'4 Tl!i 0+ t pa:PA eenalAi?a 04 P et zr I a re:I F VICI NITY MAP I _ 10 mIea Legend Proposed Roadway The Propel City of Pear1and Peazland ETJ ROADWAY Pearla nd BranaAn Conto): Teas S 1 Inch = 2,000 feet Date: 4,r1 4/2022 K)4tPan Tun Pin .. +OM 1%. Ha tice•Toga DUN Ctks 71I CM let . Inprota.nputirsoin Tsai Mg Vs Mond nod mad . Ns Fla EXHIBIT C a j t ID z a Ins tis zap �t t I• 74 J 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT D Roadway Cross-section 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 Ny�turo.m U.Ia1 uM Sp<nIXa+.1 AUOla Na ouwMLW.YAvinvg to- �.a%. tar QR. c,.y�A i nOilT CA• IDTT 281-0' W®E CONCRETE PAVEMENT Rc:aRl.. Mtn M W 4 .-z A .-J Xa.LE KT. Saw ..aa. f Lis-tO it vc Sr-r (w' AMA) Sam-X- (LW /MVJ LWOOL SOSRMK (SIC War On zta, Wts NW =Wm 7- WOO cost uwnc°VCoNroP w.Istratatt Stat swum a""`tMrn,W aTO:t°M..mla•ilt 2 36'-0' or 381-0' WIDE CONCRETE PAVEMENT • MMT TTO UIKRS - MIL Sr AO.. E0009 LOCH w-OC-v.X - UAL it LO. ..'-r (.D' a A'J 1-- ry'tMa YOn. .ate Vat 01 P01.•11I VI at IMAM. flitcWM, Fw urn Fow P.RaoR. AIM 3n STM /4 C ca UawNiu�:(OU' ) Ca,%oQuasi�* CTNmwO WOW 3 441-O WIDE CONCRETE PAVEMENTC1/4t OW* ca cTou STOWS MTA SC .y.. ualICS t. 9 MCM wu PO FaP° m WuCTc. TITE0 CONSTRUCTION caanu-TAUT XAT 9.MCCLE.ar. II C le C/C, LM'% WPC=ssLWOW t %WOW PYwnel LCADDt I I -I 1 rErna albot iu(mm�w -NRP I. XO. I a C/C. tGCn - o Cuss Te TOW UT" wuVac g To`m.COMBer C>WinCILD BOULEVARD CONCRETE PAVEMENT ryTAat - TSr LED:. ... siaw .era xcoiO V)Ca°wJU.RE - LOP ..°.. CORINTCW A ,�� Ff dOINT sat 6[ POURED 2.m°C te:+Onitc WED ro+— sut GAL a #' W. 9."• Ir WS Litt wcam.0 4..•.o(A wla.aY mPOA1= _ SWARD ewsn.. wTw IX CONWAY ALE CLASS COW•CIEDLO RAsnw w.Y 24-0' WIDE CONCRETE PAVEMENT CCk7ItL :TOUT:. VALE LOT CALTTA'iDa l.L Fr tOa. (Lon .n AM a wig 1.0117 1. WING OTtnt St MUM SI say at WM ITO• Sur COWCIL e °„t 9 ........ � P.x nw ..a.sltCOMPCITO TO oat 111•Wo sz c01 Tava v WO T 24-0' WDE ASPHALT PAVEMENT COSSY H,WC© UICK !ROWOnalt• TO In SIOCAPO Man Slant° 'larva' NOTE T. PAyING EXPANSION MINTS SHALL BE SPACED A MAXIMAL 50'-S- c/C. L CONCRETE USED FOR PAVEMENT' 1/2 SACK. RJR PSI MCOUUPRCSSPIC sTRENGDI AT 25 DAIS a new IEST EVERRYY isOSHALL FROU YMOS AND ART PORTION LESS TNLt DDO CURL YARDS FOR EACH LIX ESIGN PLACID EACH DAY. FGCORD.+G TO ASTM c172-04 STANDwD PRACTIIC FOR SAMPLNC FRESHLY MIXED CORDRETL S CIAO 'i MOWED UM SLURRY SHALL LM APPLIED FOR SOL STADLWTON. 4 RONFORCI C STEEL SHALL COMPLY WI OR EIGEED AS.TY. SFC 1 ATOMS CROR NO. 4 LIAM AND �r660. S DEFORMED METAL STRIP MU. NOT DE REQUIRED FOR SUP FORM PAT/]ENT CONSTRUCTION. S. SEE PAVING OCTAL SHEET 2 FOR eDMSTRUCTce JWNT AM CONTROL AIM/SAT*CUT DEEMS bon Watainortotat los no =INK MC PA EXHIBIT D City of Peorlond, Texas STANDARD DETAILS PAVING Liu ow RP( 7019 WI Tint SWTOG toe Ow 1 OF 2 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT E Water Distribution Improvements Map 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 a..T T rzw• T1694 TPAN SIN ft»' Tr Cog Arr•►nr!rrt 77 H iatir0 Carniti K.sr4t><,+ bran Pnrland VICI NITS'' MAP 1 in = 10 mtes WATER DISTRIBUTION' Pearland Bramrw Card Time •t..4 •P•••.Ta /in la a 0,4 ■ 1.1 a i..a 1 TLa 1Vt4I Ilk IN ,', 1141 P1 , •y+si« ."NA a.►r• ti.u..%t two 1•ka•.u-P.iPdQ EXHIBIT E 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT F Wastewater Collection Improvements Map 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 w Pepsi: Io sRsa art [84 Peariard NITY MAP tin=10mien Legend Trunk Main The Property City of Peariand Pearlarxd ETJ WASTEWATER ATER DISTRIBUTION Pearla ram' Braids Cauntx Ten 9 inch = 21000 feet Date: 4/13/2022 Nii*MtTaPraew irk 7w.HsntwiMOM Y'S4 Trr IIgoblins' igjsea drip PION PAW EXHIBIT F 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 EXHIBIT G Wastewater Service Area Map T L A TERRELL COTTOu'.VOC Y RCA 1 z � 1:e G Bf LEY K Brian tDonald Cene16 ti'iIL LAMS Hastings Cantle 3t•: LEStEr Fnhrrdsf VICINITY MAP 1 in = 10 miles Leaend Massey Oaks 1 Lew Tract R West Tra:t LIi Stat;;on Service Area Cxav:ly Sewe Service Area 1 City of Peartand Peartand ETJ Exhibit H: Sanitary Sewer Service Area Pearland Hlfi2 Ccu'It/,Ter3S 1 inch = 2,000 feet Date: 12l 1 !12020 Feet 2403 13421sb kr Pon • r si tt• WARMS•A u. 7rnu CII IE T 13 411 Sce3 • !.47..tinnur•!1•znes Ti u. *. 4.lyd G4e••rbp Inns rat 4866-503 8-843 5.v4 Exhibit A to Resolution R2024 165 EXHIBIT H SUBDIVISION IMPROVEMENT AGREEMENT 73 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 This Agreement is entered into this day of , by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and (hereinafter "Developer") WHEREAS, Developer has filed for approval by City a final subdivision plat for (hereinafter the "Project"); and WHEREAS, City's Unified Development Code (UDC) mandates completion of all public improvements required to serve the subdivision prior to approval of the final plat for said subdivision; and WHEREAS, approval of the final plat for Project requires the completion of the following public improvements (hereinafter the "Improvements"), which have not been constructed: ; and WHEREAS, Sections 3.1.8.3 and 3.1.8 4 provide a procedure whereby Developer may postpone completion of the required public improvements until after final plat approval upon execution of a subdivision improvement agreement and posting of adequate security; and WHEREAS City and Developer desire an agreement to set forth their respective responsibilities with regard to the Project. WITNESSETH • NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Developer shall complete construction of the Improvements by 20 , which date shall not be later than twenty-four (24) months after recordation of the final subdivision plat for the Project 2. Developer shall require a performance bond from the contractor that Developer retains to construct the Improvements sufficient to cover the cost of the Improvements, and said bond shall name City as a co -obligee. Developer shall warrant the Improvements for a period of two (2) years following their acceptance by City, and shall provide City a maintenance bond in an amount equal to one hundred percent (100%) of the costs of the Improvements to cover any warranty repairs needed to the Improvements during the warranty period. 4. Pursuant to Section 3.1.8.4 of the UDC, Developer posts security for completion 74 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 o f the Improvements by the instrument attached hereto as Exhibit A. This security shall be in an amount equal to one hundred twenty-five percent (125%) o f the cost of the Improvements. City shall be entitled to cash, call, or otherwise redeem said security and take possession of the funds upon presentation to the surety or financial institution that issued the security or upon which it is drawn, of a sworn affidavit from the City Engineer or his designee setting forth the manner in which Developer has failed to comply with (1), (2), or (3) above. 5. City agrees to accept for filing and presentation to City s Planning and Zoning Commission for final approval Developer's final subdivision plat of the Project. 6. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 7. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and u nless specifically stated to the contrary in any written consent to an assignment n o assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 8. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. Whenever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibitive or invalid under applicable law such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 10. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 11. The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas. 75 4866-5038-8435.v4 Exhibit A to Resolution R2024-165 IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures on the date first above mentioned. Name of Developer By: Name: Title: CITY OF PEARLAND, TX By: Raj Shrestha, PE, City Engineer ATTEST: City Secretary 76 4866-5038-8435.v4