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HomeMy WebLinkAbout2004-152FILE REFERENCE FORM 2004-152 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other ORDINANCE NO. OO _ AN ORDINANCE OF THE CITY OF DENTON APPROVING A SANITARY SEWER FACILITIES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND CANYON ENERGY PARTNERS, LTD. TO PROVIDE FOR THE CONSTRUCTION OF SANITARY SEWER FACILITIES TO SERVE THE ENCLAVE AT LAKEVIEW RANCH, A RESIDENTIAL DEVELOPMENT IN THE CITY OF DENTON, AND TO SERVE THE NEEDS OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Canyon Energy Partners, Ltd. is the owner and developer of the Enclave at Lakeview Ranch, a development located in the City of Denton, Texas containing approximately 437 acres of land (the "Development") as more particularly described in the agreement (the "Agreement") attached hereto and made a part hereof by reference as Exhibit "A"; and WHEREAS, there is insufficient capacity in the City's sanitary sewer system to serve the needs created by the Development; and WHEREAS, certain sanitary facilities need to be constructed or expanded in order to meet the demands created by the Development; and WHEREAS, in addition, the City desires to provide for the oversizing of some of the sanitary sewer facilities and to participate in the construction of sanitary sewer facilities to meet the needs of the City which are above and beyond the needs created by the Development; and WHEREAS, the City and the Developer desire to enter into this Agreement to set forth the terms and conditions under which the proposed sanitary facilities will be constructed and paid for; and WHEREAS, the City Council of the City of Denton hereby finds that the Agreement serves a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the l day of 2004. ATTEST: JENNIFER WALTERS, CITY SfCRETARY BY: APPRO ED AS EGAL FO HERBERT TY,CI TTORNEY 11E Z'J' . &'' EULINE BROCK, MAYOR Page 2 AGREEMENT FOR THE PROVISION OF SANITARY SEWER FACILITIES THIS AGREEMENT (the "Agreement") is made by and between CANYON ENERGY PARTNERS, LTD., a Texas limited partnership (the "Developer") and the CITY OF DENTON, TEXAS, a home rule municipality, located in the Denton County, Texas (the "City"), as of the Effective Date provided below, upon the terms and conditions set forth herein. WHEREAS, the Developer is the owner and developer of the Enclave at Lakeview Ranch, a development located in the City of Denton, Texas containing approximately 437 acres of land and consisting of Sections A (called "Section A"), B (called "Section B"), B2 (called "Section 132"), C (called "Section C"), D (called "Section D"), and E (called "Section E"), as more particularly described and depicted on Exhibit "A" attached hereto and made a part hereof by reference (the "Development'); and WHEREAS, the Developer intends to develop Section A and Section B of the Development first ("Phase One'), Section A being more particularly described in the metes and bounds description attached hereto as Exhibit `B" which is made a part hereof by reference and Section B being more particularly described in the metes and bounds description attached hereto as Exhibit "C" which is made a part hereof by reference (the "Phase One Property"); and WHEREAS, there is insufficient capacity in the City's sanitary sewer system to serve the needs created by the Development including all of Phase One; and WHEREAS, certain sanitary facilities need to be constructed or expanded in order to meet the demands created by Phase One and the Development; and WHEREAS, in addition, the City desires to provide for the oversizing of some of the sanitary sewer facilities and to participate in the construction of sanitary sewer facilities to meet the needs of the City which are above and beyond the needs created by the Development; and WHEREAS, the construction or expansion of such sewer facilities and the oversizing of some of such facilities are described in that certain approved Wastewater System Analysis for Enclave at Lakeview Ranch (the "Wastewater Study'), dated January 14, 2004, prepared by Goodwin & Marshall (the "Project Engineer"), a true and correct copy of which is attached hereto as Exhibit "D" and incorporated herein by reference, and the Developer and the City have agreed to construct, expand and oversize such facilities in accordance with the requirements set forth in the Wastewater Study, subject to the terms and conditions of this Agreement, and WHEREAS, the City and the Developer have entered into this Agreement to set forth the terms and conditions under which the proposed sanitary facilities will be constructed and paid for; and Agreement — Page 1 2576.3 NOW THEREFORE, in consideration of the mutual covenants contained herein, sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Description of Sewer Facilities. The sanitary sewer facilities provided for in this Agreement (the "Sewer Facilities") are described as follows: a. Proposed lift station A to be located as shown in the Wastewater Study ("Lift Station A'), unless the City notifies Developer (the "Relocation Notice") in writing on or before fourteen (14) days following the Effective Date of this Agreement (the "Relocation Deadline") that the City has elected to move the location of Lift Station A to approximately 700 to 1000 feet to the south of where it is shown in the Wastewater Study (the "New Location"). The City is responsible for the acquisition of all easements necessary to locate Lift Station A to the New Location; provided, however, the Developer shall pay up to $7,000 to the City in reimbursement of the costs paid by the City to the appropriate landowner for such easement. Such reimbursement shall be paid by the Developer to the City within thirty (30) days following the date on which the City has obtained such easement and provided reasonable evidence to the Developer of the cost paid to the landowner for such easement. If on or before the Relocation Deadline Developer does not receive the Relocation Notice or the City does not obtain the necessary easements for the relocation of Lift Station A, then Lift Station A shall remain at the existing location shown in the Wastewater Study but it will be built at sufficient depth to serve the contributing sewer basin. In such case the City will be responsible for all extra costs associated with constructing Lift Station A to the extra depth needed to serve the contributing sewer basin. b. Proposed 8" force main extending from Lift Station A to existing sanitary sewer line as shown in the Wastewater Study ("Lift Station A Force Main"). C. Proposed lift station C to be located as shown in the Wastewater Study ("Lift Station C"). d. Existing Lakeview Ranch lift station located as shown in the Wastewater Study ("Lakeview Ranch Lift Station"). e. Proposed 12" gravity line extending from existing sanitary line at the Lakeview Ranch Lift Station to Lift Station C as shown in the Wastewater Study ("Lakeview Ranch Gravity Line'). f. Existing Grissom lift station located as shown in the Wastewater Study ("Grissom Lift Station'). g. Proposed 8" gravity line extending from the Grissom Lift Station to Lift Station C as shown in the Wastewater Study (the "Grissom Gravity Line'). Agreement— Page 2 2576.3 h. Proposed 12" force main extending from Lift Station C to a point on an existing sanitary sewer line located near East McKinney near the southwest corner of Royal Oaks Mobile Home Park as shown in the Wastewater Study (the "Lift Station C Force Main"). Existing City of Denton wastewater treatment plant as shown in the Wastewater Study (the "Treatment Plant"). j. Proposed gravity line extending from a point where the Lift Station C Force Main ends near East McKinney to the Treatment Plant as shown in the Wastewater Study (the "Treatment Plant Gravity Line'). 2. Developer's Construction Proiect; Computation of City's Share. The Developer is responsible for the design, construction, and easements (on land owned by Developer), if necessary, for Lift Station A, the Lift Station A Force Main, Lift Station C, the Lakeview Ranch Gravity Line, and the Lift Station C Force Main (the "Developer's Construction Project'). On or before fourteen (14) days following the Effective Date of this Agreement, the City may, by giving written notice to the Developer, require the oversizing of Lift Station A and the Lift Station A Force Main, the Lakeview Ranch Gravity Line, Lift Station C and the Lift Station Force Main (the "Oversize"), which Oversize notice shall also identify the City's specific requirements for the oversize of each of the Sewer Facilities specified herein. If the City makes such Oversize election it will pay for the Oversize costs ("City's Share" ). The City's Share for Lift Station A, Lift Station A Force Main, and the Lakeview Ranch Gravity Line will be computed by first determining the size of the facilities required to serve the Development's needs. The City's Share will be the cost of increasing the size of facilities beyond what is required to serve the needs of the Development. The City's Share will be determined prior to the award of a construction contract for the Developer's Construction Project. For example, it is currently estimated that the Lakeview Ranch Gravity Line is required to be 12 inches in diameter to meet the needs of the Development. If the final field tests and grades confirm that 12 inches is what is needed to meet the needs of the Development the City for example may elect to have the size increased to 18 inches in diameter. When bidding the construction contract the Developer will receive bids for a 12 inch and an 18 inch line. The City's Share for that line will be the difference in cost between the two bids. However, this is subject to the City's audit of the bids to make sure that the bidding is not unbalanced. For Lift Station C and Lift Station C Force Main, City will share 30% of the entire cost of such facilities in order to deliver the pumping capacity up to 1280 gallons per minute (GPM), including, without limitation, 30 % of the cost of the SCADA system and 30% of the cost of all roadway access to such facilities. If the City elects to oversize any components of the Lift Station C beyond the 1280 GPM capacity, City will pay all costs for this oversize. The City's Share shall be paid to the Developer's contractor in progress payments within thirty (30) days of the City's receipt of an invoice for same as portions of the Developer's Construction Project are completed, minus 5% retainage, with the retainage and the balance being paid upon final completion and acceptance by the City of the Developer's Construction Project ("Final Accentance"), which payment schedule shall be provided in the Three -Way Agreement hereinafter described. Such invoices shall also describe portions of the work that have been performed by the contractor on the Developer's Construction Project through the date of such invoice and shall be reviewed by the City within five (5) business days Agreement — Page 3 2576.3 following receipt thereof. If the representatives of the City have any objections to the progress payment being requested in such invoice on the Developer's Construction Project, they shall communicate such objections, in writing, to the Developer within such five (5) business day period, and the parties shall seek to resolve any questions or issues relative to such invoice promptly. As to any invoice submitted by the Developer (or its contractor) and for which no comment has been received from the City within five (5) business days following submission thereof, such invoice shall be deemed to be approved by the City in all respects. If feasible and if requested by Developer, items in any invoice to which questions have been raised by the City shall be segregated from all remaining items in such invoice, and the approved items shall be submitted for payment out of the escrow hereinafter described. All approved invoices shall be delivered by a representative of the City to the Project Engineer, who is hereby authorized to submit such approved invoices for payment in accordance with the Escrow Agreement (hereinafter defined). The City's Share shall bear no interest unless the City has not paid City's Share when due, in which case it shall bear interest from that date until paid at the rate of 6% per annum. The City has available budgeted funds sufficient to pay all of the City's Share. 3. City's Construction Project. The City is responsible for the design, construction, and easements, if necessary, for the Grissom Gravity Line, Treatment Plant Gravity Line, and for the elimination and demolition of the Lakeview Lift Station and the Grissom Lift Station (the "City's Construction Project"). Easements for the Grissom Gravity Line shall have sufficient width to include the Lift Station C Force Main. The demolition of the Grissom Lift Station and the construction of the Grissom Gravity Line do not impact the Developer's Construction Project or conveyance of wastewater from the Development. Therefore, the City will determine the timing of construction of these two facilities. However, the City shall obtain the necessary easements for the Grissom Gravity Line within one hundred twenty (120) days following the Effective Date, regardless of the timing of the construction of such facilities. The City has available budgeted funds sufficient to pay for all of the City's Construction Project. 4. Design of Public Improvements; Approval of Plans and Specifications. All public improvements associated with the Developer's Construction Project and the City's Construction Project (the "Public Improvements') shall be designed and constructed in accordance with the City's standard specifications for public works construction, which are incorporated herein by reference. The City acknowledges that the Developer cannot request the Project Engineer to complete the design of such facilities until such time as the City has provided final specific approvals for all such facilities that are subject to any City oversizing or other specific City input or requirements. Prior to awarding the construction contract for the Developer's Construction Project the Developer shall submit to the City a complete set of construction plans and specifications for the Developer's Construction Project for review and approval by the City. The construction contract will not be awarded until the City has given its written approval. The City will not unreasonably withhold or delay its consent or approvals to the plans and specifications or the construction contract. Construction for the Developer's Construction Project shall not commence until the Developer and its contractor enter into the City's standard three-way public works contract between the City and the Developer, and its contractor (the "Three -Way Agreement') and a performance bond, payment bond and required insurance certificates are delivered to the City in the substance and form required by the City. Agreement — Page 4 2576.3 5. Escrow Agreement. To ensure completion of the Developer's Construction Project, prior to commencing construction, the Developer shall deposit the full amount of the construction contract (other than the City's Share) in escrow with Commonwealth Land Title Company, 5949 Sherry Lane, Suite 111, Dallas, Texas 75225, Attention: Mr. Jim Lazar (the "Escrow Agent'), which escrow shall thereafter be disbursed in accordance with an agreement (the "Escrow Agreement'), which shall be in a form approved by the City Attorney, or his designee. The Escrow Agreement shall include the following provisions: (i) A schedule for the construction of Developer's Construction Project, which shall be in substantial accordance with the schedule provided on Exhibit "E" attached hereto. (ii) If Developer breaches the Escrow Agreement and fails to cure the breach within fifteen (15) days after written notice of such breach, then the City shall have the right to use the remaining funds in escrow to complete construction of Developer's Construction Project. (iii) The Project Engineer shall provide invoices to the Escrow Agent which have been approved (or deemed approved) by the City relative to the portions of the Developer's Construction Project which have been completed, and the Escrow Agent shall be authorized to pay each such invoice immediately out of the funds on deposit in such escrow. (iv) Developer shall pay all costs for the Developer's Construction Project specified herein notwithstanding that the escrow may be depleted prior to the completion of such project. Additionally, if the City cures a breach of the Escrow Agreement and if there are not sufficient funds in escrow to complete the construction of Developer's Construction Project, then Developer shall pay to the City, within ten (10) days after receipt of demand for payment, the difference between the cost to complete construction of Developer's Construction Project and the remaining funds in escrow. (v) When the Developer's Construction Project is completed and Final Acceptance has been issued by the City, if there are still funds in such escrow, the Escrow Agreement shall provide that all such funds shall be immediately released to the Developer and the Escrow Agreement shall terminate. 6. Diligent Pursuit of Construction of Sewer Facilities. Subject in all events to the timely performance by the City in obtaining necessary easements and providing required input for oversizing requirements, the Developer will diligently pursue the design and construction of the Developer's Construction Project and the City will diligently pursue the design and construction of the City's Construction Project. However, the City is under no obligation to commence construction of the City's Construction Project until Developer commences construction of the Developer's Construction Project. If the City's Construction Project is not complete on or before the later to occur of. (a) May 1, 2005, or (b) the date on which Final Acceptance of the Developer's Construction Project has been issued by the City (with the later of such dates being referred to as the "City Deadline'), then the City will be responsible for providing to Phase One, at City's cost, from and after the City Deadline until the City's Construction Project has been completed, a temporary alternative to the disposal of the wastewater generated by Phase One sufficient to remove the 125 home restriction contained in Section 7 of this Agreement. Such Agreement — Page 5 2576.3 alternative may include the hauling of wastewater from Phase One by the City. In such case, the City shall not withhold any permits or approvals related to the development of Phase One or the construction of homes thereon, including, without limitation, the processing of final plats, building permits and final inspection approvals, based on the insufficient sewer facilities, improvements or capacity. 7. Restrictive Covenants. It has been determined that the City's existing sanitary sewer system has insufficient capacity to serve all of the needs for the development of the Phase One Property. It is agreed that not more than 125 single family residences ("Maximum Residences") shall receive final inspection approval from the City Building Official allowing occupancy of the residences for the Phase One Property unless and until the Developer's Construction Project has been completed and finally accepted by the City (the "Completion of Developer's Improvements'). Such final inspection approval will be made on a first come first serve basis. Except as provided in Section 6 above, the City shall have the right to withhold final inspection approval for residences above the Maximum Residences until the Completion of Developer's Improvements. The Developer, as the sole owner of the Phase One Property, hereby declares that all of the Phase One Property shall be held, sold and conveyed subject to the covenants contained in this Section 7 (no other terms in this Agreement shall be binding upon a subsequent owner) which are covenants touching and running with the Phase One Property and shall be binding on all parties having any right, title or interest in the Phase One Property or any part thereof, either now or in the future, and their successors, heirs and assigns, and shall inure to the benefit of the Developer, the City and their successors and assigns. The City and Developer have simultaneously entered into a Memorandum of Agreement and Restrictive Covenants (the "Restrictive Covenants") in substantially the same form as the Restrictive Covenants attached hereto and made a part hereof by reference as Exhibit "F". The Restrictive Covenants shall be recorded in the Real Property Records of Denton County, Texas. Upon completion and acceptance of the Developer's Construction Project the City shall file in the Real Property Records of Denton County a release releasing the Restrictive Covenants, and it shall not be necessary that the Developer, or its successors or assigns, join in any such release for same to release the Restrictive Covenants. NOTWITHSTANDING ANY PROVISION HEREIN, THE FIRST 125 SINGLE FAMILY RESIDENCES IN THE PHASE ONE PROPERTY WHICH RECEIVE FINAL INSPECTION APPROVALS FROM THE CITY ARE NOT SUBJECT TO THE FOREGOING RESTRICTIVE COVENANTS. 8. Potential Comnetitive Bidding Requirement. It is understood and agreed that notwithstanding anything contained herein to the contrary the City's Share of the Developer's Construction Project shall not exceed 30% of the total cost to construct the Public Improvements. In the event this should not occur, then a sufficient portion of the construction of the Public Improvements will be competitively bid in order to bring the City's Share within this 30% requirement. 9. Notices. Any notice, demand or other communication required or permitted to be delivered hereunder (other than invoices to be delivered as hereinafter described) shall be deemed received when sent by United States mail, postage pre -paid, certified mail, return receipt Agreement — Page 6 2576.3 requested, addressed to each respective party, or sent via facsimile to the fax number set forth for each party, as follows: If to the City: The City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Attention: Mr. Howard Martin, Assistant City Manager Fax No.: (940) 349-8596 If to the Developer: Canyon Energy Partners, Ltd. c/o Wagner & Brown, Ltd. 300 North Marienfeld, Suite 1100 Midland, Texas 79701 Attention: Gary D. Douglas, Esq. Fax No.: (432) 686-6469 With a copy to: Edwin Snyder, Esq. Assistant City Attorney City of Denton, Texas 215 E. McKinney Denton, Texas 76201 Fax No.: (940) 382-7923 With copies to: Robert M. Allen, Esq. Clements, Allen, Woods & Margolis, P.C. 15303 Dallas Parkway, Suite 1050 Addison, Texas 75001 Fax No.: (972) 991-2601 Robert P. Wright, Esq. Baker Botts, LLP 910 Louisiana Street Houston, Texas 77002 Fax No.: (713) 229-7737 Mr. Jim Tchoukaleff Arcadia Realty Corp. 5440 Harvest Hill, Suite 206 Dallas, Texas 75230 Fax No.: (972) 774-9111 Mr. Ted H. Jones WB Realty Partners, hic. 300 North Marienfeld, Suite 150 Midland, Texas 79701 Fax No.: (432) 686-1501 All invoices or notices or other communications applicable to the invoices specified in Section 2 hereof shall be delivered to the City and the Developer at the address set forth for each party as follows: If to the City: Mr. Greg Blackstone Agreement — Page 7 2576.3 City of Denton Inspection Group 601 E. Hickory Street, Suite B Denton, Texas 76205 Fax No.: (940) 249-8910 If to the Developer: (Prior to May 15, 2004) Mr. Matt Goodwin Goodwin & Marshall 6001 Bridge Street, Suite 100 Fort Worth, Texas 76112 Fax No.: (817) 446-3116 (After May 15, 2004) Mr. Matt Goodwin Goodwin & Marshall 2405 Mustang Drive Grapevine, Texas 76051 Fax No.: (817) 329-4453 With conies to: Mr. Jim Tchoukaleff Arcadia Realty Corp. 5440 Harvest Hill, Suite 206 Dallas, Texas 75230 Fax No.: (972) 774-9111 Mr. Ted H. Jones WB Realty Partners, Inc. 300 North Marienfeld, Suite 150 Midland, Texas 79701 Fax No.: (432) 686-1501 Any of the parties hereto may change their respective notice addresses for all communications and invoices by a notice delivered in accordance with the terms and conditions of this Section 9. 10. Applicable Law: Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are fully performable in Denton County, Texas. Exclusive venue for any lawsuit enforcing or interpreting any of the rights and obligations under this agreement shall be a court of competent jurisdiction in Denton County, Texas. 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 12. Force Maieure. Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by another party or such other party's employees, or agents. However, lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. Agreement — Page 8 2576.3 13. Rule of Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 14. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 15. Time of the Essence. Time is of the essence in this Agreement. 16. Number and Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 17. Incorporation of Recitals. The recitals in the preamble of this Agreement are substantive and are incorporated into the body of this Agreement by reference. EFFECTIVE as of the / &i day of �004 (the "Effective Date"). THE CITY OF ON, TEXAS, By: Michael A. C nduff, City M age 215 E. McKinney Denton, Texas 76201 Fax No. (940) 349-9596 ATTEST: NNIFER WALTERS, ITY SECRETARY By: APP VED AS O LEGAL FORM: HERBERT`I�TY,CITY ORNEY By: Agreement — Page 9 2576.3 CANYON ENERGY PAPTNEPA, LTD. Name: GarYD. 1)4figlas, Vice President Address: 3Q0 N. Marienfeld, Suite Midland, Texas 79701 Fax No. (432) 686-6469 AKNOWLEDGEMENTS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this 1061t day of 2004, by Michael A. Conduff, City Manager of the City of Denton, a munici 1 cq poration, on behalf of said municipal corporation. JANE E. RICHARDSON Notary Public, State of Texas .i My Commission Expires CCC June 27, 2005Notary Public in and for State of Texas STATE OF TEXAS [KiliA�i�'Zi7i151171►:��I� Dinstrument was acknowledged before me on this day of �'t ( 2004 by Gary D. Douglas, the Vice President of Canyon Energy Parhters, Ltd, a Texas Limited Partnership, on behalf of said limited partnership. GRACIE MATA a.o NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 09-27-2005 Notary Public in and for State of Texas Agreement —Page 10 2576.3 Owkum CANYON ENERGY PARTNERS, LTD. 110DTHESUMMIT 300 NORTH MARIENFIELD AGMAND. TEXAS 79M &VOMMSURVEYOK (4= 686-ISM GOODVaNi DEVELOPM ARCADIA REALTY CORP CMAL KANMMS - S.MVEYORS 5440 HARVEST HLL. SUITE 206 UNIAS, TEXAS 75230 S.K PM774-9110 Neap (M) 42& M I OVERAILDISPLAY OF ENCLAVE at LAKEviEw RANCH SECTIONS A, B, C, D & E BEING APPROXMUTELY 437 ACRES LOCATED IN as 0FDENMKDMC0UNTy TEXAS EXHIBIT B Tract A 81.830 Acres BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract Number 417 in the City of Denton, Denton County, Texas, being a part of that certain "Tract VH" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner in the south line of that certain tract of land conveyed by deed from First Madison Bank, FSB to Ralph Bullard recorded under Clerk's File Number 93-R0020394, Real Property Records, Denton County, Texas, said point being the northeast comer of Lot 1, Block 13 of Lakeview Ranch, Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 363, Plat Records, Denton County, Texas; THENCE S 870 39' 53" E, 374.24 feet with said south line of said Bullard tract to an iron rod set for corner; THENCE S 870 52' 35" E, 1388.89 feet with said south line of said Bullard tract to an iron rod set for corner in Trinity Road, a public roadway; THENCE S 020 43' 11" W, 2322.47 feet with said Trinity Road to an iron rod set for corner, said point being the northeast comer of that certain tract of land conveyed by deed from Shady Shores Limited Partnership to Irene McNett recorded in Volume 2936, Page 296, Real Property Records, Denton County, Texas; THENCE N 860 53' 41" W, 1394.52 feet with the north line of said McNett tract to an iron rod found for comer, said point being the northwest comer of said McNett tract; THENCE N 530 42' 47" W, 134.40 feet to an iron rod set for corner in the southeast line of Lot 6 in said Block 9 of said Lakeview Ranch; THENCE N 400 29' 30" E, 222.22 feet with said southeast line of said Lot 6 to an iron rod set for corner, said point being the southeast comer of Lot 5 in Block 9; THENCE N 250 51' 36" W, 164.43 feet with the east line of said Lot 5 to an iron rod set . for comer; THENCE N 590 01' 33" W, 40.87 feet with the east line of said Lot 5 to an iron rod set for comer; THENCE N 110 41' 14" E, 13.74 feet with the east line of said Lot 5 to an iron rod set for comer; THENCE N 700 06' 22" E, 54.81 feet with the east line of said Lot 5 to an iron rod set for corner; THENCE N 570 31' 14" E, 88.39 feet with the east line of said Lot 5 and Lot 4 in said Block 9 to an iron rod set for comer; THENCE N 020 08' 18" W, 88.68 feet with the east line of said Lot 4 to an iron rod set for comer; THENCE N 340 46' 25" W, 133.12 feet with the east line of said Lot 4 to an iron rod set for corner, said point being the southeast corner of Lot 3 in said Block 9; THENCE N 090 48' 53" E, 213.32 feet with the east line of said Lot 3 to an iron rod set for comer; THENCE N 030 07' 11" E, 349.74 feet with the east line of said Lot 3 and Lot 2 in said Block 9 to an iron rod set for comer; THENCE N 200 19' 09" E, 116.20 feet with the east line of said Lot 2 to an iron rod set for corner, said point being the northeast corner of said Lot 2; THENCE N 890 35' 31" W, 280.68 feet with the north line of said Lot 2 to an iron rod found for corner, said point being the southeast corner of Lot 1 in said Block 9; THENCE N 000 24' 46" E, 304.54 feet with the east line of said Lot 1 to an iron rod set for corner in the south line of Appaloosa Drive, a public roadway having a right-of-way of 60.0 feet; THENCE N 050 05' 40" W, 60.00 feet to an iron rod set for comer in the north line of said Appaloosa Drive; THENCE along the arc of a curve to the left having a central angle of 04' 58' 58", a radius of 630.00 feet, an arc length of 54.79 feet, whose chord bears S 820 24' 51" W, 54.77 feet with said north line of said Appaloosa Drive to an iron rod set for comer, said point being the southeast corner of Lot 2 in said Block 13 of said Lakeview Ranch; THENCE N 000 25' 08" E, 588.52 feet with the east line of said Lot 2 and Lot 1, Block 13 to the PLACE OF BEGINNING and containing 81.830 acres of land. EXHIBIT C Tract B 84.475 Acres BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract Number 417 in the City of Denton, Denton County, Texas being a part of certain "Tract I" and "Tract VIE' of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and being more particularly described as followed; BEGINNING at an iron rod found for corner in the south line of Blagg road, a public roadway having a right-of-way of 60.0 feet, said point being the northeast comer of that certain tract of land conveyed by deed from Richard Stanley Musgrave and Michael Keith Musgrave, Trustees, to Brian Page recorded in Volume 4636, Page 1461, Real Property Records, Denton County, Texas; THENCE S 870 22' 05" E, 523.24 feet with said south line of said Blagg Road to an iron rod found for corner, said point being the southwest corner of Lot 9, Block 12 of Lakeview Ranch, Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 363, Plat Records, Denton county, Texas; THENCE S 870 11' 57" E, 166.79 feet with said south line of said Blagg Road to an iron rod found for corner, said point being the northwest corner of Lot 1, Block 11 of Lakeview Ranch; THENCE S 020 14' 33" W, 880.31 feet with the west line of said Block 11 to an iron rod found for comer, said point of being the southwest comer of Lot 4 in said Block 11; THENCE S 87° 46' 36" E, 39.95 feet with the south line of said Lot 4 to an iron rod found for comer, said point being the northwest corner of Lot 5 in said Block 11; THENCE S 02° 15' 06" W, 1913.16 feet with the west line of said Block 11 to an iron rod found for comer in the south line of Draught Horse Drive a public roadway having a right-of-way of 60.0 feet; THENCE S 88 ° 07' 12" E, 40.18 feet with said south line of said Draught Horse Drive to an iron rod found for comer, said point being the northwest corner of Lot 19, in said Block 11 of said Lakeview Ranch; THENCE S 020 11' 09" W, 842.80 feet with the west line of said Block 11 to an iron rod set for corner, said point being the southwest comer of Lot 21 in said Block 11; THENCE S 870 18' 48" E, 287.02 feet with the south line of said Lot 21 to an iron rod set for corner; THENCE S 200 21' 10" W, 52.88 feet with said west line of said Block 11 to an iron rod set for corner; THENCE S 12° 44' 38" E, 194.93 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 150 05' 29" W, 82.58 feet with said west line of said Block 11 to an iron rod set for corner; THENCE S 320 19' 00" E, 68.94 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 770 34' 46" E, 191.50 feet with the south line of said Block 11 to an iron rod set for corner; THENCE N 540 39' 49" E, 497.70 feet with the south line of said Block 11 to an iron rod set for comer in the west line of Lakeview Boulevard, a public roadway having a right-of-way of 80.0 feet; THENCE N 82° 35' 45" E, 80.00 feet to an iron rod set for corner in the east line of said Lakeview Boulevard; THENCE along the arc of a curve to the right having a central angle of 05 ° 13' 36", a radius of 540.00 feet, an arc length of 49.26 feet, whose chord bears S 04' 55' 11" E, 49.24 feet with said east line of said Lakeview Boulevard to an iron rod set for comer in the west line of that certain tract of land conveyed by deed from Kevin P. Shuma to Darrell D. Haskins and Deborah L. Haskins recorded under Clerk's File Number 97-R0001578, Real Property Records, Denton County, Texas; THENCE S 00° 09' 06" E, 124.09 feet with said west line of said Haskins tract to an iron rod found for comer, said point being the northwest comer of that certain tract of land conveyed by deed from Mary Elizabeth Mitrikov to C. Wayne Jetton and wife, Lois L. Jetton recorded under Clerk's file Number 95-R0042324, Real Property Records, Denton County, Texas; THENCE S 020 19' 43" W, 128.30 feet with the west line of said Jetton tract to an iron rod found for comer, said point being the northwest comer of that certain tract of land conveyed by deed from Mary Louise Bird et al to Leon Kimes recorded in Volume 1347, Page 392, Real Property Records, Denton County, Texas; THENCE S 020 19' 43" W, 280.16 feet with the west line of said Kimes tract to an iron rod set for comer in the north line of Lot 67, Block 9 of said Lakeview Ranch; THENCE S 87° 09' 05" W, 76.44 feet to an iron rod set for comer in the proposed west line of said Lakeview Boulevard; THENCE S 290 57' 13" W, 333.44 feet with said west line of said Lakeview Boulevard to an iron rod set for corner; THENCE along the arc of a curve to the left having a central angle of 24' 48' 06", a radius of 480.00 feet, an arc length of 207.78 feet, whose chord bears S 17' 33' 09" W, 206.16 feet with said west line of said Lakeview Boulevard to an iron rod set for comer in Mills Road, a public roadway; THENCE N 87° 26' 15" W, 816.75 feet with said Mills Road to an iron rod found for comer, said point.being the southeast comer of that certain tract of land conveyed by deed from B. B. Mills and Ruth P. Mills to Patricia Mills Chandler et al recorded in Volume 1743, Page 552, Real Property Records, Denton County, Texas: THENCE N 01 ° 26' 22" E, 1162.19 feet with the east line of said Chandler tract and with the east line of that certain "Tract II" conveyed by deed from Bobby E. Mullins to Brad Archer recorded in Volume 4013, Page 1339, Real property Records, Denton County, Texas to an iron rod found for corner, said point being the northeast corner of said Archer "Tract II"; THENCE N 870 19' 25" W, 681.62 feet with the north line of said Archer "Tract II" to an iron rod set for comer in the east line of that certain tract of land conveyed by deed from Bobby E. Mullins and wife, Minnie L. Mullins to The Bobby E. Mullins and Minnie L. Mullins Revocable Living Trust recorded in Volume 4732, Page 1974, Real Property Records, Denton County, Texas; THENCE N 02° 29' 20" E, 3638.93 feet with the east line of said Mullins Revocable Trust tract and with the east line of that certain tract of land conveyed by deed from Bobby E. Mullins to Brad Archer recorded under Clerk's File Number 96-R0015562 Real Property Records, Denton County, Texas and with the east line of that certain tract of land conveyed by deed from H.D. Prewitt and wife, Lavonia Jo Prewitt to Doug Prewitt and wife, Anna Kay Prewitt recorded in Volume 1965, Page 834, Real Property Records, Denton County, Texas and with the east line of said Page tract to the PLACE OF BEGINNING and containing 84.475 acres of land. EXHIBIT D WASTEWATER SYSTEM ANALYSIS for ENCLAVE at LAKEVIEW RANCH located in CITY OF DENTON, DENTON COUNTY (1/14/04) I. Introduction The Enclave at Lakeview Ranch is a residential community located within the City of Denton, approximately 4 '/4 miles east of Denton's downtown district. -The multi -tract property stretches from East University Drive (US 380/US 377) south to East McKinney Street (FM 426) and is comprised of approximately 437 acres. There are currently four zoning categories, NR-4, NR-6, NRMU-12 and NRMU, which impact the property. The proposed development of the Enclave at Lakeview Ranch encompasses five Sections, A through E. A projected 1,325 single-family homes will be constructed at project build - out. In the midst of three of the tracts that constitute the Enclave, there is a platted 155 single-family residential subdivision called Lakeview Ranch, Phase 1. Within this community, there is an existing lift station, Lakeview Ranch Lift Station (LRLS),-and two gravity trunk lines, Existing S.S. Line 1 and Existing S.S. Line 2, that will be utilized by the proposed project. An analysis has been performed on the aforementioned lift station and sewer lines, as well as another existing lift station, Grissom Lift Station (GLS) to determine whether these facilities will require upsizing to accommodate the proposed development. In addition, an analysis of two possible solutions to alleviate and expand the current wastewater collection system to serve the proposed Enclave at Lakeview Ranch has been completed. An engineer's opinion of probable cost will accompany each possible solution. A preliminary analysis of the entire basin, based on current zoning of the property, has also been completed in order to evaluate and resize the existing 10" and 12" gravity truck line running southwest from the intersection of East McKinney Road Wastewater Analysis for Enclave at Lakeview Ranch Page 1 of 10 and Grissom Road to a City of Denton treatment plant. The sizing of a larger lift station and force main(s) required to transport the wastewater for the entire basin also incorporates the zoning based analysis. The purpose for mentioning and sizing the overall lift station and subsequent force main(s) in this study is due to the location of the basin's low point within the proposed Enclave at Lakeview Ranch. There will be two possible solutions for the lift station presented, each .accompanied by an engineer's opinion of probable cost, to accommodate the overall basin's projected wastewater flows. II. Wastewater Generation Projections The design criteria used to project the wastewater flows has been taken from the City of Denton's Water and Wastewater Criteria Manual. An average of 3.2 persons per single- family dwelling and a wastewater flow of 100 gallons/person/day have been used to sum the average flow generated by the proposed development. An average of 3.0 persons per mobile home dwelling and a wastewater flow of 75 gallons/person/day have been used to sum the average flows currently being generated by both Vacation Village and Royal Oaks Mobile Home Park. Additional design methods, previously approved by City staff, have also been incorporated. One such method is the use of Harmon's peaking factor formula ( PF = 1 + [14/(4+4P)] , P = population in thousands). Harmon's formula has been applied to calculate the projected peak flow in cases where the cumulative population is greater than 1,000. Otherwise, a peaking factor of 4.0 has been applied, as directed by City of Denton staff. Inflow and infiltration, at a rate of 100 gallons/inch diameter of pipe/mile of pipe/day, has also been included in the wastewater projections. The capacities of all proposed gravity lines have been computed using the minimum allowable slope, per the City of Denton Criteria Manual, for its respective diameter. These capacities, as well as the capacities of other referenced slopes, are listed in Table I. III. Existing Wastewater Collection System Wastewater Analysis for Enclave at Lakeview Ranch Page 2 of 10 The existing wastewater collection system, as found displayed on Exhibit 1 and Exhibit 2, consists of the following major components: a. LRLS — The LRLS currently has a capacity of 340 gpm * b. GLS — The GLS currently has a capacity of 200 gpm *. c. Existing S.S. Line 1— This existing line is an 8" gravity line that up -sizes to a 10" gravity line in route to the LRLS. d. Existing S.S. Line 2 — This existing line is an 8" gravity line. e. Existing S.S. Line 3 — This existing line is a 10" gravity line that up -sizes to a 12" gravity line in route to the treatment plant. ' As provided by City Staff. The full flow capacities of the gravity lines are listed in Table I. The capacities are dictated by the slope of the respective lines and calculated by using Manning's Equation, as stated in Section 4.4 of the Criteria Manual. IV. Existing Wastewater Collection System Analysis Lakeview Ranch Lift Station: The current configuration of the LRLS allows for a maximum pumping capacity of 340 gpm. After build -out of the previously platted Lakeview Ranch, Phase 1, the remaining pumping capacity in the LRLS will be approximately 220 gpm. This is based upon 135 single-family residential lots contributing to both Existing S.S. Line I and Existing S.S. Line 2 at the specified flow rate of 100 gal/person/day and a peaking factor of 4. The reason for not including all 155 platted lots in the flow calculations is due to the lack of a sewer line servicing Lots 1-9, Block 12, Lots 1-6, Block 9, Lots 1-3, Block 10 and Lots 1 & 2, Block 13, as shown on the "as -built" construction plans for Lakeview Ranch, Phase 1. The remaining pumping capacity of the LRLS would allow for an additional 247 single-family residential lots to be developed. This allows for approximately 78% of Section A to be constructed. In turn, with a projected peak flow of 265 gpm from Section B (297 single-family residential lots) and the remaining 49 gpm from Section A (70 Wastewater Analysis for Enclave at Lakeview Ranch Page 3 of 10 single-family residential lots) also flow to the LRLS, the lift station will require adequate upgrade modifications to increase its pumping capacity. Existine Grissom Lift Station: According to the information provided by City staff, the GLS is currently running at capacity. Since the current configuration of the wastewater collection system has the force main from the LRLS discharging into a gravity line that flows into the GLS, along with the flow from the Royal Oaks Mobile Home Park, any additional flow into the LRLS would exceed the pumping capacity of the GLS. However, per correspondence and direction by City staff, modifications have been made to the GLS to allow for an additional 125 single-family residential lots to be built. After which, additional upgrade modifications will be required to increase the pumping capacity. At this time, the GLS is the limiting factor within the existing wastewater collection system. Existing S.S. Line 1: Sections A and B are located to the north of the existing LRLS and will utilize Existing S.S. Lines I and 2, respectively. As shown in Table II, Section A has 317 single-family residential lots yielding a peak flow of 269 gpm. That flow will then be pumped via a small lift station to Existing S.S. Line 1. After adding the applicable 107 lots from Lakeview Ranch, Phase 1, a total peak flow of 352 gpm is introduced into the line. With a minimum slope of 0.30% along its 10" diameter portion, Existing S.S. Line 1 attains approximately 65% capacity. Refer to Table II for additional calculations. Existine S.S. Line 2: With the 297 projected single-family lots in Section B and the applicable 28 lots from Lakeview Ranch, Phase 1, a peak flow of 275 gpm is introduced to Existing S.S. Line 2. This leaves approximately 20% of full capacity available. Refer to Table II for additional calculations. Existine S.S. Line 3: Wastewater Analysis for Enclave at Lakeview Ranch Page 4 of 10 Currently, Vacation Village, 593 mobile home lots, Royal Oaks Mobile Home Park, 150 mobile home lots, and Lakeview Ranch, Phase 1 (approximately 85 developed lots) produce a total peak flow of approximately 474 gpm. With the inclusion of the additional 125 single-family residential lots that the Grissom Lift Station can currently accept, Existing S.S. Line 3 will experience a peak flow of approximately 562 gpm. Due to the current minimum slope of 0.46% along the 10" portion of the line, Existing S.S. Line 3 can handle a maximum of 665 gpm, yielding 85% capacity. V. Proposed Wastewater Collection System for the Enclave at Lakeview Ranch As previously mentioned, an analysis of two possible solutions to alleviate and expand the current wastewater collection system to serve the proposed Enclave at Lakeview Ranch has been performed. However, the scope of the following options incorporates only the existing wastewater flows and the projected flows created by the Enclave at Lakeview Ranch. An additional evaluation of the entire basin will be required to adequately size the entire collection system if further development is to occur. Although the following two options differ, there are also similarities. These similarities include the construction of Proposed Lift Station "A" and its subsequent force main, the abandonment of the Grissom Lift Station and corresponding force main, and the construction of a gravity line, the Grissom Gravity Line, to Proposed Lift Station "C" to serve the Royal Oaks Mobile Home Park. Furthermore, the upsizing of Existing S.S. Line 3 is required to completely serve Enclave at Lakeview Ranch, regardless of the configuration of the upstream collection system. Please refer to pages 1, 2a and 2b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. Option 1: Option I incorporates Proposed Lift Station "C" being sized to accommodate Sections C, D and E from the proposed development, as well as the flow from the to -be -abandoned Wastewater Analysis for Enclave at Lakeview Ranch Page 5 of 10 Grissom Lift Station. This proposed lift station would be sized for a projected flow of approximately 654 gpm, 30% of which is from the GLS. The force main to accompany Proposed Lift Station "C" is required to be 300 linear feet. It would then discharge into a 12" diameter gravity line at an elevation of approximately 542.00 feet. In turn, this allows the wastewater to flow from Proposed Lift Station "C" to the existing Lakeview Ranch Lift Station, which has an existing influent flow line at 520.90, according to the Lakeview Ranch Lift Station "as -built" construction plans dated 7/28/99. Since the wastewater from proposed Sections A and B and Lakeview Ranch, Phase 1 also flow to the LRLS, upsizing modifications would be required to increase its pumping capacity to 1280 gpm. A 12" diameter force main will cover a length of approximately 6,580 linear feet between the LRLS and its termination point at the beginning of Existing S. S. Line 3 and its proposed updated gravity line, to be discussed in further detail in the subsequent sections. In turn, the existing 6" diameter force main from the LRLS and the 8" diameter gravity line leading the GLS would be abandoned. The configuration for this option is depicted in Sanitary Sewer Study Exhibit 1. Please refer to pages 3a and 3b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. Option 2: Option 2 also incorporates the construction of Proposed Lift Station "C", but it would be sized to accommodate all of the proposed Sections A through E, and all of the existing flow from Lakeview Ranch, Phase 1 and Royal Oaks Mobile Home Park, for a total of 1280 gpm. In turn, the existing LRLS, the corresponding 8" diameter force main and 8" diameter gravity line would be abandoned, as well as the GLS. A proposed 12" diameter gravity line would connect to the existing manhole adjacent to the LRLS at an elevation of 521.17, as stated in the Lakeview Ranch Lift Station "as -built" construction plans dated 7/28/99. This line will terminate at the Proposed Lift Station "C" with a flow line elevation of 511.00 feet. The wastewater would then be lifted and forced to the beginning of Existing S. S. Line 3 and its proposed updated gravity line, to be discussed Wastewater Analysis for Enclave at Lakeview Ranch Page 6 of 10 in further detail in the subsequent sections, via a 5,740.1inear foot 12" diameter force main. The configuration for this option is depicted in Sanitary Sewer Study Exhibit 2. Please refer to pages 4a and 4b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. VI. Preliminary Analysis for the Entire Wastewater Basin Existing S.S. Line 3: Despite the scope of the proposed options for the wastewater collection system for the Enclave at Lakeview Ranch, the proposed pipe diameters and slopes for the replacement of Existing S.S. Line 3 have been determined by utilizing a preliminary evaluation of the entire basin. The evaluation has been based upon the current zoning of the land, the acreage of each zoning category and the City's description, requirements and restrictions of each category. The acreages of applicable Environmentally Sensitive Areas (ESA), including, but not limited to, floodplain, riparian buffers and upland habitat, as delineated by the City of Denton, have been removed from their respective zoning category. These figures have been outlined in Table )II. The results of the preliminary basin evaluation yield a projected peak flow of approximately 5,490 gpm. Using the current horizontal alignment and a slightly modified vertical alignment of Existing S.S. Line 3, it has been determined that the necessary pipe sizes to adequately convey the projected flow are a 24" diameter with a minimum slope of 0.50% and a 27" diameter with a minimum slope of 0.30%. Lift Station for Entire Basin: Regardless of which proposed Option is chosen, a lift station capable of pumping the projected peak flow of 5,490 gpm will be required in the future to allow for any regional development. As previously stated, the proposed Enclave at Lakeview Ranch, will produce approximately 17.7% of the overall flow, therefore, a multi -chambered wet well with multiple force mains would sufficiently accommodate the projected wastewater flows. Adding the existing flows from the mobile home parks and Lakeview Ranch, Wastewater Analysis for Enclave at Lakeview Ranch Page 7 of 10 Phase 1, the demand will rise to 1280 gpm, or approximately 23.3% of the overall flow. The purpose for multiple chambers and force mains lies in the design of such. If a single force main designed for the ultimate flow is used, the velocity within the force main during initial "low -flow" conditions would not meet the City of Denton's minimum requirements. Lengthy storage times of the effluent within the force main would also be a consideration if a single force main were to be used. The multiple chambers within the wet well will allow for phasing of the lift station as development occurs and the wastewater flows gradually increase. The first phase chamber and force main will be designed for the existing flows from Lakeview Ranch, Phase I and Royal Oaks Mobile Home Park and the projected flows from the Enclave at Lakeview Ranch Sections A through E, along with the remaining lots to be developed in Lakeview Ranch, Phase 1. Subsequent phases will incorporate an additional chamber(s) and force main(s) to accommodate projected flows from the remainder of the basin. As mentioned in the analysis for the proposed wastewater collection system, a flow of 1,280 gpm will require a 12" diameter force main. The remaining 4,210 gpm can either be incorporated into one additional wet well chamber with a single 20" diameter force main, Option A, or one additional wet well chamber with two 12" diameter force mains, Option B. The possible solutions are further classified by combining the previously described lift station location options, Option I and Option 2, with the aforementioned Option A and Option B. This combines the location of the overall basin's lift station with the manner in which the lift station is configured. The results of the Option consolidation are as follows: a. Option 1A: This options locates the proposed large lift station in the same position as the existing Lakeview Ranch Lift Station. This lift station will incorporate a two chamber wet well with two parallel force mains, one 12" diameter and one 20" diameter, terminating at a common point. b. Option IB: This option locates the proposed large lift station in the same position as the existing Lakeview Ranch Lift Station. This lift station will incorporate a two chamber wet well with three parallel 12" diameter force mains terminating at a common point. Wastewater Analysis for Enclave at Lakeview Ranch Page 8 of 10 c. Option 2A: This option locates the large lift station in the approximate position of the Proposed Lift Station "C". This lift station will incorporate a two chamber wet well with two parallel force mains, one 12" diameter and one 20" diameter, terminating at a common point. d. Option 2B: This option locates the large lift station in the approximate position of the Proposed Lift Station "C". This lift station will incorporate a two chamber wet well with three parallel 12" diameter force mains terminating at a common point. Please refer the Wastewater Study Exhibits I and 2 for the configuration of each of the above Options. Also, please refer to pages 5a, 5b, 6a, 6b, 7a, 7b, 8a and 8b of the Engineer's Opinion of Probable Cost in Appendix A for a further cost participation break down analysis. VI. Conclusion In summary, it has been determined that despite which Option is constructed, three items remain constant. The first being the abandonment of the existing Grissom Lift Station and the corresponding force main. In turn, an 8" diameter gravity line will be constructed from the current location of the GLS to the Proposed Lift Station "C". This leads directly to the second common factor. Proposed Lift Station "C" is required to be built in the location shown in Exhibits 1 and 2. However, the size of Proposed Lift Station "C" is not a common factor. The third constant is the upsizing of Existing S.S. Line 3. With the current flows from the mobile home parks and Lakeview Ranch, Phase 1, and the additional 125 single-family residential lots from Section A, this line is currently at 85% capacity. The remaining portion of the conveyance capacity will allow approximately 125 single-family residential lots to be developed and connected upstream prior to this line requiring upsizing. Further upstream development will necessitate the construction of a larger line. The sizing of this line has been based on the current zoning of the tracts within the entire wastewater basin, as delineated on the Zoning Exhibit. Wastewater Analysis for Enclave at Lakeview Ranch Page 9 of 10 The Options presented in the previous sections suggest possible solutions to alleviate and expand the current wastewater collection system. Option l and Option 2 offer local solutions for the development of Sections A through E of the Enclave at Lakeview Ranch. It appears as though Option I is the best short-term solution based on the probable costs accompanying this report. It utilizes the existing Lakeview Ranch List Station, with some upsizing modifications, and Proposed Lift Station "C" is required only to have a capacity large enough to accommodate Sections C, D and E and the existing flows from the Grissom Lift Station. After incorporating the projected wastewater flows from the entire basin and upon further analysis, Option 2 is the more economical solution, regardless of which force main configuration is selected. This is due in part to the length of force main required form the location of the existing LRLS to the to its termination point at the beginning of the gravity line to the treatment plant. Another contributor to the increased cost of Option IA and Option IB is the requirement to constructed an additional lift station. The two lift station Options would also yield high operational and maintenance costs over time. In conclusion, although Option I is the optimum short-term solution to serve the proposed Enclave at Lakeview Ranch development, Option 2A is the most economical, both in construction costs and long term operational costs, for the entire basin. Wastewater Analysis for Enclave at Lakeview Ranch Page 10 of 10 ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 1 of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Grissom Gravity Line 1. 8" SDR-35 P.V.C. L.F. 3,300 $16.00 $52,800.00 2. 4' Dia. Std. S.S. Manhole Ea. 6 $2,200.00 $13,200.00 3. Extra Depth for 4'Dia. SSMH V.F. 15 $110.00 $1,650.00 4. Trench Safety Ea. 3,300 $1.00 $3,300.00 5. System Testing & TV Ea. 3,300 $2.00 $6,600.00 6. Abandon & Dispose of L.S. 1 $35,000.00 $35,000.00 Gissom Lift Station & Force Main Grissom Gravity Line Subtotal $112,550.00 10% Contingency $11,255.00 Engineering & Surveying $22,510.00 Easement Acquisition $20,000.00 Grissom Gravity Line Total $166,315.00 NOTE: ALL OF THE ABOVE SHALL BE PAID FOR WITH FUNDS PROVIDED BY THE CITY OF DENTON'S "CIP" PROGRAM. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 2a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Gravity Line to Wastewater Treatment Plant 1. 24" SDR-35 P.V.C. L.F. 3,331 $46.50 $154,891.50 2. 27" SDR-35 P.V.C. L.F. 1,545 $54.50 $84,202.50 3. 5' Dia. Std. S.S. Manhole Ea. 11 $3,500.00 $38,500.00 4. Extra Depth for 5' Dia. SSMH V.F. 50 $125.00 $6,250.00 5. Tie -In to Treatment Plant L.S. 1 $5,000.00 $5,000.00 6. Aerial Crossing w/ Piers L.S. 1 $23,000.00 $23,000.00 7. Trench Safety L.F. 4,876 $5.00 $24,380.00 8. System Testing & TV L.F. 4,876 $2.00 $9,752.00 9. Bore 24" SS Under McKinney L.F. 175 $330.00 $57,750.00 Gravity Line to Treatment Plant Subtotal $403,726.00 10% Contingency $40,372.60 Engineering & Surveying $80,745.20 Gravity Line to Treatment Plant Total $524,843.80 NOTE: ALL OF THE ABOVE SHALL BE PAID FOR WITH FUNDS PROVIDED BY THE CITY OF DENTON'S "CIP" PROGRAM. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 2b of 8 ITEM UNIT CITY DEVELOPER No. DESCRIPTION UNIT QUANT. PRICE COSTS COST Sanitary Sewer Facilities - Gravity Line to Wastewater Treatment Plant (City Participation) 1. 24" SDR-35 P.V.C. L.F. 3,331 $46.50 $127,475.70 $27,415.80 2. 27" SDR-35 P.V.C. L.F. 1,545 $54.50 $69,298.66 $14,903.84 3. 5' Dia. Std. S.S. Manhole Ea. 11 $3,500.00 $31,685.50 $6,814.50 4. Extra Depth for 5' Dia. SSMH V.F. 50 $125.00 $5,143.75 $1,106.25 5. Tie -In to Treatment Plant L.S. 1 $5,000.00 $4,115.00 $885.00 6. Aerial Crossing w/ Piers L.S. 1 $23,000.00 $18,929.00 $4,071.00 7. Trench Safety L.F. 4,876 $5.00 $20,064.74 $4,315.26 8. System Testing & TV L.F. 4,876 $2.00 $8,025.90 $1,726.10 9. Bore 24" SS Under McKinney L.F. 175 $330.00 $47,528.25 $10,221.75 Gravity Line to Treatment Plant Subtotal $332,266.50 $71,459.50 10% Contingency $33,226.65 $7,145.95 Engineering & Surveying $66,453.30 $149291.90 Gravity Line to Treatment Plant Total $4319946.45 $92,897.35 NOTE: ENCLAVE at LAKEVIEW RANCH CONTRIBUTES 17.7% OF OVERALL FLOWS, THEREFORE, THE CITY COSTS REFLECT REMAINING 82.3% OF OVERALL COSTS. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 3a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Option 1 1. Lift Station for 654 gpm L.S. 1 $215,000.00 $215,000.00 2. 12" SDR-35 PVC L.F. 4,062 $29.50 $119,829.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $4,650.00 4. 12" C-900 DR-18 PVC FM L.F. 6,580 $25.00 $164,500.00 5. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $28,000.00 6. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $4,000.00 7. Trench Safety L.F. 10,942 $1.00 $10,942.00 8. System Testing & TV L.F. 10,942 $2.00 $21,884.00 9. Upsize Existing Lakeview Ranch L.S. 1 $160,000.00 $160,000.00 Lift Station for 1280 gpm Sanitary Sewer Option 1 Subtotal $728,805.00 10% Contingency Engineering & Surveying Sanitary Sewer Option 1 Total $72,880.50 $145,761.00 $947,446.50 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7MO3 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 3b of 8 ITEM UNIT CITY DEVELOPER No. DESCRIPTION UNIT QUANT. PRICE COSTS COST Sanitary Sewer Facilities - Option 1 (City Participation) 1. Lift Station for 654 gpm L.S. 1 $215,000.00 $32,250.00 $182,750.00 2. 12" SDR-35 PVC L.F. 4,062 $29.50 $17,974.35 $101,854.65 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $697.50 $3,952.50 4. 12" C-900 DR-18 PVC FM L.F. 6,580 $25.00 $39,480.00 $125,020.00 5. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $4,200.00 $23,800.00 6. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $600.00 $3,400.00 7. Trench Safety L.F. 10,942 $1.00 $2,188.40 $8,753.60 8. System Testing & TV L.F. 10,942 $2.00 $4,376.80 $17,507.20 9. Upsize Existing Lakeview Ranch L.S. 1 $160,000.00 $38,400.00 $121,600.00 Lift Station for 1280 gpm Sanitary Sewer Option 1 Subtotal $140,167.05 $588,637.95 10% Contingency $14,016.71 $58,863.80 Engineering & Surveying $28,033.41 $117,727.59 Sanitary Sewer Option 1 Total $182,217.17 $765,229.34 NOTES: 1. Enclave at Lakeview Ranch contributes approximately 85% of the overall flow to the Proposed Lift Station "C", therefore, items 1, 2, 3, 5 and 6 have been reduced by 15% reflecting existing flows from the Grissom Lift Station. 2. Enclave at Lakeview Ranch contributes approximately 76% of the overall flow to the existing Lakeview Ranch Lift Station, therefore, items 4 and 9 have been reduced by 24% reflecting existing flows from the Grissom Lift Station and Lakeview Ranch, Phase 1. 3. Items 7 and 8 have been reduced by 20%. This reflects the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 4a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNTI' QUANTITY PRICE COST Sanitary Sewer Facilities - Option 2 1. Lift Station for 1280 gpm L.S. 1 $385,000.00 $385,000.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $132,160.00 3. 12" C-900 DR-18 PVC FM L.F. 5,741 $25.00 $143,525.00 4. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $31,500.00 5. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $4,500.00 6. Trench Safety L.F. 10,221 $1.00 $10,221.00 7. System Testing & TV L.F. 10,221 $2.00 $20,442.00 8. Abandon & Dispose of Existing L.S. 1 $60,000.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2 Subtotal $787,348.00 10% Contingency Engineering & Surveying Sanitary Sewer Option 2 Total $78,734.80 $157,469.60 $1,023,552.40 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 4b of 8 ITEM UNTI' CITY DEVELOPER No. DESCRIPTION UNIT QUANT. PRICE COSTS COST Sanitary Sewer Facilities - Option 2 (City Participation) 1. Lift Station for 1280 gpm 2. 12" SDR-35 PVC 3. 12" C-900 DR-18 PVC FM 4. 5' Std. S.S. Manhole 5. Extra Depth for 5' Dia. SSMH 6. Trench Safety 7. System Testing & TV 8. Abandon & Dispose of Existing Lakeview Ranch Lift Station & Force Main L.S. 1 $385,000.00 $92,400.00 $292,600.00 L.F. 4,480 $29.50 $25,110.40 $107,049.60 L.F. 5,741 $25.00 $34,446.00 $109,079.00 Ea. 9 $3,500.00 $5,985.00 $25,515.00 V.F. 36 $125.00 $855.00 $3,645.00 L.F. 10,221 $1.00 $2,350.83 $7,870.17 L.F. 10,221 $2.00 $4,701.66 $15,740.34 L.S. 1 $60,000.00 $60,000.00 $0.00 Sanitary Sewer Option 2 Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option 2 Total $225,848.89 $561,499.11 $22,584.89 $56,149.91 $45,169.78 $112,299.82 $293,603.56 $729,948.84 NOTES: 1. Enclave at Lakeview Ranch contributes approximately 76% of the overall flow to the Proposed Lift Station "C", therefore, items 1 and 3 have been reduced by 24% reflecting existing flows from the Grissom Lift Station and Lakeview Ranch, Phase 1. 2. Enclave at Lakeview Ranch contributes approximately 81 % of the overall flow in the proposed 12" gravity line flowing to the Proposed Lift Station "C", therefore, items 2, 4 and 5 have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1. 3. Items 6 and 7 have been reduced by 23%. This reflects the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7n103 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 5a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 1A 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $215,000.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $4,650.00 4. 12" C-900 DR-18 PVC FM L.F. 6,580 s $25.00 $164,500.00 5. 20" C-151 Class 51 D.I. FM L.F. 6,580 $42.00 $276,360.00 6. 12" SDR-35 PVC L.F. 4,062 $29.50 $119,829.00 7. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $28,000.00 8. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $4,000.00 9. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000.00 Vacuum Breaker Valves 10. Trench Safety L.F. 17,522 $1.00 $17,522.00 11. System Testing & TV L.F. 17,522 $2.00 $35,044.00 Sanitary Sewer Option 1A Subtotal $1,809,905.00 10% Contingency $180,990.50 Engineering & Surveying $361,981.00 Sanitary Sewer Option 1A Total $2,352,876.50 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 5b of 8 No. DESCRIPTION UNIT QUANT. PRICE COSTS COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 1A (City Participation) 1. Lift Station for 5,490 gpm 2. Lift Station for 654 gpm 3. 6" C-900 DR-18 PVC FM 4. 12" C-900 DR-18 PVC FM 5. 20" C-151 Class 51 D.I. FM 6. 12" SDR-35 PVC 7. 5' Std. S.S. Manhole 8. Extra Depth for 5' Dia. SSMH 9. FM Fittings, Air Release Valves, Vacuum Breaker Valves 10. Trench Safety 11. System Testing & TV L.S. 1 $895,000.00 $736,585.00 $158,415.00 L.S. 1 $215,000.00 $64,500.00 $150,500.00 L.F. 300 $15.50 $1,395.00 $3,255.00 L.F. 6,580 $25.00 $135,383.50 $29,116.50 L.F. 6,580 $42.00 $227,444.28 $48,915.72 L.F. 4,062 $29.50 $35,948.70 $83,880.30 Ea. 8 $3,500.00 $8,400.00 $19,600.00 V.F. 32 $125.00 $1,200.00 $2,800.00 L.S. 1 $50,000.00 $41,150.00 $8,850.00 L.F. 17,522 $1.00 $12,090.18 $5,431.82 L.F. 17,522 $2.00 $24,180.36 $10,863.64 Sanitary Sewer Option 1A Subtotal 10% Contingency Engineering & Surveying Sanitary Sewer Option 1A Total $1,288,277.02 $521,627.98 $128,827.70 $257,655.40 $1,674,760.13 $52,162.80 $104,325.60 $678,116.37 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 4, 5 and 9 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 70% of the overall flow to the Proposed Lift Station "C", therefore, items 2, 3, 6, 7 and 8 have been reduced by 30% reflecting existing flows from the Grissom Lift Station. 3. Items 10 and 11 have been reduced by 69% to reflect the weighted average of Notes I & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 6a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2A 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $132,160.00 3. 12" C-900 DR-18 PVC FM L.F. 5,741 $25.00 $143,525.00 4. 20" C-151 Class 51 D.I. FM L.F. 5,741 $42.00 $241,122.00 5. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $31,500.00 6. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $4,500.00 7. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000.00 Vacuum Breaker Valves 8. Trench Safety L.F. 15,962 $1.00 $15,962.00 9. System Testing & TV L.F. 15,962 $2.00 $31,924.00 10. Abandon & Dispose of Existing L.S. 1 $60,000.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2A Subtotal $1,605,693.00 10% Contingency $160,569.30 Engineering & Surveying $321,138.60 Sanitary Sewer Option 2A Total $2,087,400.90 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 6b of 8 ITEM UNIT CITY DEVELOPER No. DESCRIPTION UNIT QUANT. PRICE COSTS COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2A (City Participation) 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $25,110.40 $107,049.60 3. 12" C-900 DR-18 PVC FM L.F. 5,741 $25.00 $118,121.08 $25,403.93 4. 20" C-151 Class 51 D.I. FM L.F. 5,741 $42.00 $198,443.41 $42,678.59 5. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $5,985.00 $25,515.00 6. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $855.00 $3,645.00 7. FM Fittings, Air Release L.S. 1 $50,000.00 $41,150.00 $8,850.00 Valves, Vacuum Breaker Valves 8. Trench Safety L.F. 15,962 $1.00 $10,375.30 $5,586.70 9. System Testing & TV L.F. 15,962 $2.00 $20,750.60 $11,173.40 10. Abandon & Dispose of Existing L.S. 1 $60,000.00 $0.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2A Subtotal $1,157,375.78 $448,317.22 10% Contingency $115,737.58 $44,831.72 Engineering & Surveying $231,475.16 $89,663.44 Sanitary Sewer Option 2A Total $1,504,588.52 $582,812.38 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 3, 4 and 7 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 81 % of the overall flow in the proposed 12" gravity line flowing to the Proposed Lift Station "C", therefore, items 2, 5 and 6 have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1. 3. Items 8 and 9 have been reduced by 65% to reflect the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 7a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 1B 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $215,000.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $4,650.00 4. 12" C-900 DR-18 PVC FM L.F. 19,740 $25.00 $493,500.00 5. 12" SDR-35 PVC L.F. 4,062 $29.50 $119,829.00 6. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $28,000.00 7. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $4,000.00 8. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000.00 Vacuum Breaker Valves 9. Trench Safety L.F. 24,102 $1.00 $24,102.00 10. System Testing & TV L.F. 24,102 $2.00 $48,204.00 Sanitary Sewer Option 1B Subtotal $1,882,285.00 10% Contingency $188,228.50 Engineering & Surveying $376,457.00 Sanitary Sewer Option IB Total $2,446,970.50 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 7b of 8 ITEM UNIT CITY DEVELOPER No. DESCRIPTION UNITJANTITY PRICE COSTS COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 1B (City Participation) 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. Lift Station for 654 gpm L.S. 1 $215,000.00 $64,500.00 $150,500.00 3. 6" C-900 DR-18 PVC FM L.F. 300 $15.50 $1,395.00 $3,255.00 4. 12" C-900 DR-18 PVC FM L.F. 19,740 $25.00 $406,150.50 $87,349.50 5. 12" SDR-35 PVC L.F. 4,062 $29.50 $35,948.70 $83,880.30 6. 5' Std. S.S. Manhole Ea. 8 $3,500.00 $8,400.00 $19,600.00 7. Extra Depth for 5' Dia. SSMH V.F. 32 $125.00 $1,200.00 $2,800.00 8. FM Fittings, Air Release L.S. 1 $50,000.00 $41,150.00 $8,850.00 Valves, Vacuum Breaker Valves 9. Trench Safety L.F. 24,102 $1.00 $16,630.38 $7,471.62 10. System Testing & TV L.F. 24,102 $2.00 $33,260.76 $14,943.24 Sanitary Sewer Option 1B Subtotal $1045,220.34 $537,064.66 10% Contingency $134,522.03 $53,706.47 Engineering & Surveying $269,644.07 $107,412.93 Sanitary Sewer Option 1B Total $1,748,786.44 $698,184.06 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 4 and 8 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 70% of the overall flow to the Proposed Lift Station "C", therefore, items 2, 3, 5, 6 and 7 have been reduced by 30% reflecting existing flows from the Grissom Lift Station. 3. Items 9 and 10 have been reduced by 69% to reflect the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 8a of 8 ITEM UNIT TOTAL No. DESCRIPTION UNIT QUANTITY PRICE COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2B 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $895,000.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $132,160.00 3. 12" C-900 DR-18 PVC FM L.F. 17,223 $25.00 $430,575.00 4. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $31,500.00 5. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $4,500.00 6. FM Fittings, Air Release Valves, L.S. 1 $50,000.00 $50,000.00 Vacuum Breaker Valves 7. Trench Safety L.F. 21,703 $1.00 $21,703.00 8. System Testing & TV L.F. 21,703 $2.00 $43,406.00 9. Abandon & Dispose of Existing L.S. 1 $60,000.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2B Subtotal $1,668,844.00 10% Contingency $166,884.40 Engineering & Surveying $333,768.80 Sanitary Sewer Option 2B Total $2,169,497.20 This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. ENGINEER'S OPINION OF PROBABLE COST Date: 7/7/03 Project: ENCLAVE at LAKEVIEW RANCH Client: Arcadia Realty Co. Job No: 10091 Location: City of Denton, Denton County Page: 8b of 8 TTEM UNIT CITY DEVELOPER No. DESCRIPTION UNTTJANTITY PRICE COSTS COST Sanitary Sewer Facilities - Overall Basin Lift Station - Option 2B (City Participation) 1. Lift Station for 5,490 gpm L.S. 1 $895,000.00 $736,585.00 $158,415.00 2. 12" SDR-35 PVC L.F. 4,480 $29.50 $25,110.40 $107,049.60 3. 12" C-900 DR-18 PVC FM L.F. 17,223 $25.00 $354,363.23 $76,211.78 4. 5' Std. S.S. Manhole Ea. 9 $3,500.00 $5,985.00 $25,515.00 5. Extra Depth for 5' Dia. SSMH V.F. 36 $125.00 $855.00 $3,645.00 6. FM Fittings, Air Release L.S. 1 $50,000.00 $41,150.00 $8,850.00 Valves, Vacuum Breaker Valves 7. Trench Safety L.F. 21,703 $1.00 $14,106.95 $7,596.05 8. System Testing & TV L.F. 21,703 $2.00 $28,213.90 $15,192.10 9. Abandon & Dispose of Existing L.S. 1 $60,000.00 $0.00 $60,000.00 Lakeview Ranch Lift Station & Force Main Sanitary Sewer Option 2B Subtotal $1,206,369.48 $462,474.53 10% Contingency $120,636.95 $46,247.45 Engineering & Surveying $241,273.90 $92,494.91 Sanitary Sewer Option 2B Total $1,568,280.32 $601,216.88 NOTES: 1. Enclave at Lakeview Ranch contributes 17.7% of the overall flow, therefore, items 1, 3 and 6 have been reduced by 82.3% reflecting existing flows and project flows within the basin. 2. Enclave at Lakeview Ranch contributes 81 % of the overall flow in the proposed 12" gravity line flowing to the Proposed Lift Station "C", therefore, items 2, 4 and 5 have been reduced by 19% reflecting existing flows from Lakeview Ranch, Phase 1. 3. Items 7 and 8 have been reduced by 65% to reflect the weighted average of Notes 1 & 2. This Engineer's opinion of probable construction cost is made on the basis of the Engineer's experience and best judgement as a design professional. It must be recognized that any evaluation of work to be performed to construct this project must by necessity be speculative in nature until completion of its actual detailed design. In addition the engineer has no control over the cost of labor material or services to be furnished by others or over market conditions. Accordingly Goodwin & Marshall, Inc. can not guarantee that actual costs will not vary from the opinions expressed herein. APPENDIX B TABLE 1 Diameter of Pipe (inches) Slope Capacity (MGD) Capacity (gpm) 8 0.36% 0.46 326 8 0.40% 0.50 344 8 0.41 % 0.53 348 8 0.45% 0.50 364 8 1.87% 1.07 744 8 1.91 % 1.08 752 8 2.58% 1.26 874 8 3.16% 1.40 967 10 0.25% 0.46 490 10 0.26% 0.50 500 10 0.30% 0.53 537 10 0.46% 0.96 665 10 0.48% 0.98 679 10 0.80% 1.26 876 10 1.40% 1.67 1159 10 2.86% 2.39 1657 12 0.20% 1.03 716 12 0.30% 1.26 877 24 0.50% 10.34 7179 24 0.74% 12.58 8734 24 0.75% 12.66 8793 24 1.14% 15.61 10841 24 1.80% 19.62 13622 27 0.30% 10.96 7610 LAKEVIEW RANCH Sardary Sewer Flow Projecfiorts for E:dsdng S.S. Lines I and 2 NOTES: 1. Appro*nate kmar footage of it sanitary sewer line in Section A- 2. Appm)&mL- finear footage of S' sanitary sewer firm In Secfion B. 3. ktrwrium alowable sbpes per City of Denton Design h4anuaL 4. Lots firm eAsdng LakevoewRanch, Phase 1. TABLE III FLOODPLAIN RIPARIAN UPLAND AREA REMAINING M AVERAGE PEAKINGE34 INFLOW & ZONING AREA (Ac) BUFFER HABITAT TO BE DEVELOPED OF POPULATION FLOW FACTORINFILTRATION TOTAL FLOW (Ac) (AC) (Ac) (Ac) DWELLING SERVED (GPM) (HARMON'S)(GPM) (GPM) UNITS A 46.6 0.3 0.0 0.0 46.2 185 592 41.1 4.00 3.2 167.7 EC-1 122.9 0.0 4.6 0.0 118.3 WA 2 958 20.5 3.45 8.2 79.0 M 1871.4 288.4 10.7 201.3 1471.6 5 887 18,837 1308.1 2.68 102.2 3,606.2 IC-E 21.4 0.0 0.0 0.0 21.4 WA 534 3.7 4.00 1.5 16.3 NR-24368.1 59.2 6.7 41.0 281.7 563 1 803 125.2 3.62 19.6 472.9 NR-3 27.5 0.0 2.3 0.0 25.3 - 76 243 16.9 4.00 67.4 1.8 69.2 NR-4 434.1 19.2 5.1 138.2 340.7 1,363 4361 302.9 3.30 999.3 23.7 1,023.0 NR-6' 187.6 1.2 0.5 53.9 159.0 954 3,053 212.0 3.44 728.4 11.0 739.5 NRMU 35.2 0.0 0.0 0.8 1 522 1,304 90.6 3.72 337.2 2.4 339.6 NRMU-12 58.3 18.7 0.0 2.7 38.3 459 1,148 79.7 3.76 299.7 2.7 302.4 TOTAL 3,173.1 387.1 29.8 437.8 2537.4 10,009 34,833 2,200.7 2.41 5,312.2 176.2 5,488.4 1. Assuming 4 single-family houses per acre, as mandated by the City. 2. Based on 25 persons/acre. 3. Based on 20 gallons/person/day and a duration equal to the length of the longest shift, assumed to be 12 hours 4. 301.8 Acres of the NR-2 Zoning has already been developed (Lakeview Ranch, Phase 1). 5. Includes 47.3 acres from a site south of McKinney that will be included in the Lakeview Ranch residential addition. 6. Assuming 15 units per acre. 7. Based on 100 gallons/day/acre. EXHIBIT E LAKEVIEW RANCH SANITARY SEWER FACILITIES SCHEDULE 6/14/04 Initiate Construction Plans for Lift Station C, Force Main & Lakeview Ranch Gravity Line 9/2/04 Submit Construction Plans for Lift Station C, Force Main & Lakeview Ranch Gravity Line 11/15/04 Approval of Construction Plans 12/1/04 Initiate Construction of Lift Station C, Force Main & Lakeview Ranch Gravity Line 7/1/05 Complete Construction of Lift Station C, Force Main & Lakeview Ranch Gravity Line MEMORANDUM OF AGREEMENT RESTRICTIVE COVENANTS STATE OF TEXAS } } KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF DENTON I THIS Memorandum of Agreement and Restrictive Covenants ("Restrictive Covenants") are made and entered into as of thej�ay of , 2004, by and between the City of Denton, Texas (the "City") and Canyon Em rgy Partners, Ltd., a Texas limited partnership (the "Property Owner"). WHEREAS, the Property Owner is the developer of a residential subdivision project located in the City of Denton, County of Denton, Texas as more particularly described in Exhibit "A" (the "Phase One Property") as well as other real property commonly known as the Enclave at Lakeview Ranch (the "Development"); and WHEREAS, there is insufficient capacity in the City's sanitary system to serve the demands and needs created by the development of the Phase One Property; and WHEREAS, On k , 2004 the City and Property Owner entered into that certain Agreement for the Pro4ision of Sanitary Sewer Facilities providing for the design and construction of sanitary sewer facilities to meet the needs of the Phase One Property, the Development and the City as a whole (the "Agreement"); and WHEREAS, a true and correct original of the Agreement is on file in the Office of the City Secretary, Denton City Hall, 215 E. McKinney, Denton, Texas 76201, which Agreement is incorporated herein by reference; and WHEREAS, the City and Property Owner have entered into the Restrictive Covenants to put all third parties and subsequent owners of the Phase One Property on notice of the restrictive covenants contained in the Agreement which are binding on the Phase One Property and all owners thereof. NOW THEREFORE, in consideration of the covenants contained in the Agreement, the City and Property Owner agree as follows: 1. Section 7 of the Agreement contains covenants running with the Phase One Property, which reads as follows: 7. It has been determined that the City's existing sanitary sewer system has insufficient capacity to serve all of the needs for the development of the Phase One Property. It is agreed that not more than 125 single family residences ("Maximum Residences") shall receive final inspection approval from the City Building Official allowing occupancy of the residences for the Phase One Property unless and until the Developer's Construction Agreement —Page 1 2576.3 Project has been completed and finally accepted by the City (the "Completion of Developer's Improvements"). Such final inspection approval will be made on a first come first serve basis. Except as provided in Section 6 above, the City shall have the right to withhold final inspection approval for residences above the Maximum Residences until the Completion of Developer's Improvements. The Developer, as the sole owner of the Phase One Property, hereby declares that all of the Phase One Property shall be held, sold and conveyed subject to the covenants contained in this Section 7 (no other terms in this Agreement shall be binding upon a subsequent owner) which are covenants touching and running with the Phase One Property and shall be binding on all parties having any right, title or interest in the Phase One Property or any part thereof, either now or in the future, and their successors, heirs and assigns, and shall inure to the benefit of the Developer, the City and their successors and assigns. The City and Developer have simultaneously entered into a Memorandum of Agreement and Restrictive Covenants (the "Restrictive Covenants") in substantially the same form as the Restrictive Covenants attached hereto and made a part hereof by reference as Exhibit "F". The Restrictive Covenants shall be recorded in the Real Property Records of Denton County, Texas. Upon completion and acceptance of the Developer's Construction Project the City shall file in the Real Property Records of Denton County a release releasing the Restrictive Covenants, and it shall not be necessary that the Developer, or its successors or assigns, join in any such release for same to release the Restrictive Covenants. NOTWITHSTANDING ANY PROVISION HEREIN, THE FIRST 125 SINGLE FAMILY RESIDENCES IN THE PHASE ONE PROPERTY WHICH RECEIVE FINAL INSPECTION APPROVALS FROM THE CITY ARE NOT SUBJECT TO THE FOREGOING RESTRICTIVE COVENANTS. 2. Any person who sells or conveys any portion of the Phase One Property shall prior to such sale or conveyance give separate written notice of the Agreement and these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice. Notice to the City shall be addressed as follows: City Manager City Hall City of Denton 215 E. McKinney Denton, Texas 76201 3. These Restrictive Covenants are to run with the land described herein as the Phase One Property and shall be binding on all parties and all persons claiming under them, and any future owners of the Phase One Property for a period of twenty-five years from the date hereof or until released by the City. 4 These Restrictive Covenants and the Agreement may be enforced by the Property Owner and the City, and their successors, heirs or assigns by any proceeding at law or in equity. Failure by the Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the right to do so thereafter. Agreement — Page 2 2576.3 5. Invalidation of any of the covenants or provisions contained in this instrument or the Agreement by judgment or court order shall not in any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect. 6 No subsequent change in the law shall in anyway affect the validity or enforceability of these Restrictive Covenants and the Agreement. 7. If there are any existing liens against the Phase One Property, the Property Owner shall obtain from such lien holders written subordination agreements subordinating such liens to these Restrictive Covenants and the Agreement and the rights of the City hereunder. Such subordination agreements shall be in recordable form and shall be submitted to the City within 30 days of the Effective Date of the Agreement. The parties hereto have executed these Restrictive Covenants to be effective as of the date first above written (the "Effective Date"). THE CI F DENTON, TEXAS y: Michael A. Conduff, C&OgNo4er 215 E. McKinney Denton, Texas 76201 Fax No. (940) 349-8596 ATTEST: JEN�T,UER WA/LTERS,IC�ITY SE/�CRETARY T(\/\ IIM LEGAL FORM: TYAkITY ATTORNEY Midland, Texas 79701 Fax No.(432) 686-6469 ACKNOWLEDGMENTS Agreement — Page 3 2576.3 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this /G day of 2004 by Michael A. Conduff, City Manager of the City of Denton, a municipa rorporation, on behalf of said municipal corporation. e,Rrrd��o JANE E. RICNARDSON Notary Public. State of Texas s My Commission Expires �''�};?`{� June 27, 2005 STATE OF TEXAS COUNTY OF M tpL4PW D tary Public in and for State of Texas This instrument was acknowledged before me on this 304" day of A0 , 2004 by Gary D. Douglas, the Vice President of Canyon Energy Partners Ltd., a Texas limited partnership, on behalf of said limited partnership. �M.. GRACIE MATA ,.a NOTARY PUBLIC STATE OF TEXAS My Comm. Exp.09-27-2005 C h.ac:4 (Wdm- Notary Public in and for State of Texas Agreement — Page 4 2576.3 Exhibit A Tract A 81.830 Acres BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract Number 417 in the City of Denton, Denton County, Texas, being a part of that certain "Tract VII" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the south line of that certain tract of land conveyed by deed from First Madison Bank, FSB to Ralph Bullard recorded under Clerk's File Number 93-R0020394, Real Property Records, Denton County, Texas, said point being the northeast comer of Lot 1, Block 13 of Lakeview Ranch, Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 363, Plat Records, Denton County, Texas; THENCE S 870 39' 53" E, 374.24 feet with said south line of said Bullard tract to an iron rod set for corner; THENCE S 870 52' 35" E, 1388.89 feet with said south line of said Bullard tract to an iron rod set for corner in Trinity Road, a public roadway; THENCE S 020 43' 11" W, 2322.47 feet with said Trinity Road to an iron rod set for corner, said point being the northeast comer of that certain tract of land conveyed by deed from Shady Shores Limited Partnership to Irene McNett recorded in Volume 2936, Page 296, Real Property Records, Denton County, Texas; THENCE N 860 53' 41" W, 1394.52 feet with the north line of said McNett tract to an iron rod found for comer, said point being the northwest comer of said McNett tract; THENCE N 530 42' 47" W, 134.40 feet to an iron rod set for corner in the southeast line of Lot 6 in said Block 9 of said Lakeview Ranch; THENCE N 400 29' 30" E, 222.22 feet with said southeast line of said Lot 6 to an iron rod set for comer, said point being the southeast comer of Lot 5 in Block 9; THENCE N 250 51' 36" W, 164.43 feet with the east line of said Lot 5 to an iron rod set . for corner; THENCE N 590 01' 33" W, 40.87 feet with the east line of said Lot 5 to an iron rod set for comer; THENCE N 110 41' 14" E, 13.74 feet with the east line of said Lot 5 to an iron rod set for corner; THENCE N 700 06' 22" E, 54.81 feet with the east line of said Lot 5 to an iron rod set for corner; THENCE N 570 31' 14" E, 88.39 feet with the east line of said Lot 5 and Lot 4 in said Block 9 to an iron rod set for comer; THENCE N 020 08' 18" W, 88.68 feet with the east line of said Lot 4 to an iron rod set for corner; THENCE N 340 46' 25" W, 133.12 feet with the east line of said Lot 4 to an iron rod set for corner, said point being the southeast comer of Lot 3 in said Block 9; THENCE N 090 48' 53" E, 213.32 feet with the east line of said Lot 3 to an iron rod set for comer; THENCE N 030 07' 11" E, 349.74 feet with the east line of said Lot 3 and Lot 2 in said Block 9 to an iron rod set for comer; THENCE N 20° 19' 09" E, 116.20 feet with the east line of said Lot 2 to an iron rod set for corner, said point being the northeast comer of said Lot 2; THENCE N 89° 35' 31" W, 280.68 feet with the north line of said Lot 2 to an iron rod found for corner, said point being the southeast corner of Lot 1 in said Block 9; THENCE N 000 24' 46" E, 304.54 feet with the east line of said Lot 1 to an iron rod set for comer in the south line of Appaloosa Drive, a public roadway having a right-of-way of 60.0 feet; THENCE N 050 05' 40" W, 60.00 feet to an iron rod set for comer in the north line of said Appaloosa Drive; THENCE along the arc of a curve to the left having a central angle of 04° 58' 58", a radius of 630.00 feet, an arc length of 54.79 feet, whose chord bears S 82' 24' 51" W, 54.77 feet with said north line of said Appaloosa Drive to an iron rod set for comer, said point being the southeast corner of Lot 2 in said Block 13 of said Lakeview Ranch; THENCE N 000 25' 08" E, 588.52 feet with the east line of said Lot 2 and Lot 1, Block 13 to the PLACE OF BEGINNING and containing 81.830 acres of land. Tract B 84.475 Acres BEING all that certain lot, tract or parcel of land situated in the Moreau Forrest Survey Abstract Number 417 in the City of Denton, Denton County, Texas being a part of certain "Tract I" and "Tract VIII" of land conveyed by deed from Dieter Schwartz to Lakeview Ranch, L.P. recorded under Clerk's File Number 99-R0077441, Real Property Records, Denton County, Texas, and being more particularly described as followed; BEGINNING at an iron rod found for corner in the south line of Blagg road, a public roadway having a right-of-way of 60.0 feet, said point being the northeast comer of that certain tract of land conveyed by deed from Richard Stanley Musgrave and Michael Keith Musgrave, Trustees, to Brian Page recorded in Volume 4636, Page 1461, Real Property Records, Denton County, Texas; THENCE S 87- 22' 05" E, 523.24 feet with said south line of said Blagg Road to an iron rod found for comer, said point being the southwest corner of Lot 9, Block 12 of Lakeview Ranch, Phase 1, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet P, Page 363, Plat Records, Denton county, Texas; THENCE S 87- 11' 57" E, 166.79 feet with said south line of said Blagg Road to an iron rod found for corner, said point being the northwest corner of Lot 1, Block 11 of Lakeview Ranch; THENCE S 02- 14' 33" W, 880.31 feet with the west line of said Block 11 to an iron rod found for comer, said point of being the southwest comer of Lot 4 in said Block 11; THENCE S 870 46' 36" E, 39.95 feet with the south line of said Lot 4 to an iron rod found for corner, said point being the northwest corner of Lot 5 in said Block 11; THENCE S 02° 15' 06" W, 1913.16 feet with the west line of said Block 11 to an iron rod found for corner in the south line of Draught Horse Drive a public roadway having a right-of-way of 60.0 feet; THENCE S 880 07' 12" E, 40.18 feet with said south line of said Draught Horse Drive to an iron rod found for corner, said point being the northwest comer of Lot 19, in said Block 11 of said Lakeview Ranch; THENCE S 02 ° 11' 09" W, 842.80 feet with the west line of said Block 11 to an iron rod set for comer, said point being the southwest comer of Lot 21 in said Block 11; THENCE S 870 18' 48" E, 287.02 feet with the south line of said Lot 21 to an iron rod set for comer; THENCE S 200 21' 10" W, 52.88 feet with said west line of said Block 11 to an iron rod set for corner; THENCE S 120 44' 38" E, 194.93 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 15 ° 05' 29" W, 82.58 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 320 19' 00" E, 68.94 feet with said west line of said Block 11 to an iron rod set for comer; THENCE S 770 34' 46" E, 191.50 feet with the south line of said Block 11 to an iron rod set for comer; THENCE N 54° 39' 49" E, 497.70 feet with the south line of said Block 11 to an iron rod set for comer in the west line of Lakeview Boulevard, a public roadway having a right-of-way of 80.0 feet; THENCE N 82° 35' 45" E, 80.00 feet to an iron rod set for comer in the east line of said Lakeview Boulevard; THENCE along the arc of a curve to the right having a central angle of 05' 13' 36", a radius of 540.00 feet, an arc length of 49.26 feet, whose chord bears S 04' 55' 11" E, 49.24 feet with said east line of said Lakeview Boulevard to an iron rod set for corner in the west line of that certain tract of land conveyed by deed from Kevin P. Shuma to Darrell D. Haskins and Deborah L. Haskins recorded under Clerk's File Number 97-R0001578, Real Property Records, Denton County, Texas; THENCE S 00° 09' 06" E, 124.09 feet with said west line of said Haskins tract to an iron rod found for corner, said point being the northwest corner of that certain tract of land conveyed by deed from Mary Elizabeth Mitrikov to C. Wayne Jetton and wife, Lois L. Jetton recorded under Clerk's file Number 95-R0042324, Real Property Records, Denton County, Texas; THENCE S 020 19' 43" W, 128.30 feet with the west line of said Jetton tract to an iron rod found for comer, said point being the northwest comer of that certain tract of land conveyed by deed from Mary Louise Bird et al to Leon Kimes recorded in Volume 1347, Page 392, Real Property Records, Denton County, Texas; THENCE S 020 19' 43" W, 280.16 feet with the west line of said Kimes tract to an iron rod set for corner in the north line of Lot 67, Block 9 of said Lakeview Ranch; THENCE S 870 09' 05" W, 76.44 feet to an iron rod set for comer in the proposed west line of said Lakeview Boulevard; THENCE S 290 57' 13" W, 333.44 feet with said west line of said Lakeview Boulevard to an iron rod set for comer; THENCE along the arc of a curve to the left having a central angle of 24' 48' 0611, a radius of 480.00 feet, an arc length of 207.78 feet, whose chord bears S 17' 33' 09" W, 206.16 feet with said west line of said Lakeview Boulevard to an iron rod set for corner in Mills Road, a public roadway; THENCE N 870 26' 15" W, 816.75 feet with said Mills Road to an iron rod found for comer, said point.being the southeast comer of that certain tract of land conveyed by deed from B. B. Mills and Ruth P. Mills to Patricia Mills Chandler et al recorded in Volume 1743, Page 552, Real Property Records, Denton County, Texas: THENCE N 01 ° 26' 22" E, 1162.19 feet with the east line of said Chandler tract and with the east line of that certain "Tract 11" conveyed by deed from Bobby E. Mullins to Brad Archer recorded in Volume 4013, Page 1339, Real property Records, Denton County, Texas to an iron rod found for corner, said point being the northeast comer of said Archer "Tract 11"; THENCE N 87° 19' 25" W, 681.62 feet with the north line of said Archer "Tract II" to an iron rod set for comer in the east line of that certain tract of land conveyed by deed from Bobby E. Mullins and wife, Minnie L. Mullins to The Bobby E. Mullins and Minnie L. Mullins Revocable Living Trust recorded in Volume 4732, Page 1974, Real Property Records, Denton County, Texas; THENCE N 02° 29' 20" E, 3638.93 feet with the east line of said Mullins Revocable Trust tract and with the east line of that certain tract of land conveyed by deed from Bobby E. Mullins to Brad Archer recorded under Clerk's File Number 96-R0015562 Real Property Records, Denton County, Texas and with the east line of that certain tract of land conveyed by deed from H.D. Prewitt and wife, Lavonia Jo Prewitt to Doug Prewitt and wife, Anna Kay Prewitt recorded in Volume 1965, Page 834, Real Property Records, Denton County, Texas and with the east line of said Page tract to the PLACE OF BEGINNING and containing 84.475 acres of land. STATE OF TEXAS § COUNTY OF DENTON § This TERMINATION AND RELEASE AGREEMENT (this "Agreemem"), dated as of August 10, 2015 (the '1-1fective Dale"), is made and entered into by and between Canyon Energy Partners, Ltd., a Texas limited partnership (the "Developer") and the City of Denton, Texas, a home rule municipality, located in Denton County, Texas (the "City"). The Developer and the City are sometimes referred to herein individually as, a "Party" and collectively as, the "Nirtics." WHEREAS, the Developer and the City are parties to that certain Agreement for the Provision of Sanitary Sewer Facilities dated effective as of May 18, 2004 (the "Sanitary Sewer Agreenient"); WHEREAS, the Sanitary Sewer Agreement is the "Agreement" referenced in that certain Memorandum of Agreement and Restrictive Covenants dated May 24, 2004, between the City and the Developer, filed for record in the Office of the County Clerk of Denton County, Texas on June 7, 2004 as Document Number 2004-73547 in the Official Records of Denton County, Texas; WHEREAS, the Parties desire to terminate and cancel the Sanitary Sewer Agreement and release one another from all obligations and liabilities thereunder. NOW, THEREFORE, for and in consideration of the foregoing recitals, and the mutual covenants, premises and conditions contained in this Agreement, the Parties agree as follows: I 'I"ernifliation of Sanitgy A ceiDent. The Parties hereby terminate and cancel the Sanitary Sewer Agreement, including, without limitation the restrictive covenants contained in Section 7 thereof, with such termination and cancellation to be effective as of 7:00 a.m., Denton, Texas time, on the Effective Date. For the avoidance of doubt, from and after 7:00 a.m., Denton, Texas time, on the Effective Date, neither Party shall have any rights, duties or obligations under the Sanitary Sewer Agreement, as the Sanitary Sewer Agreement, including, without limitation the restrictive covenants contained in Section 7 thereof, shall be null, void and of no further force or effect as of and after such time. MOTOIDIV-1101011 a] 0 ZWKSK-101 eq, FOREGOING (COLLECTIVELY, THE "RELEASING _11,A Wl'), HEREBY UNCONDITIONALLY, IRREVOCABLY AND FOREVER RELEASE, DISCHARGE AND ACQUIT, THE OTHER PARTY AND ANY AND ALL OF SUCH OTHER PARTY'S OWNERS,, OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, RELATED ENTITIES, SUCCESSORS, ASSIGNS OR ANYONE CLAIMING BY OR THROUGH ANY OF THE FOREGOING (COLLECTIVELY, THE "RELEASIJ) PARTIES"), FROM ANY AND ALL INJURIES, CLAIMS, DAMAGES, FEES, COSTS, OR OTHER EQUITABLE AND COMMON LAW RELIEF FOR ANY CAUSES OF ACTION, OBLIGATIONS, CONTRACTS, TORTS, CLAIMS, DEMANDS, AND SUITS, OF WHATEVER CHARACTER, KNOWN AND UNKNOWN, FIXED AND CONTINGENT, DIRECT AND INDIRECT, LIQUIDATED AND UNLIQUIDATED, WHETHER ASSERTED OR UNASSERTED, WHICH ANY OF THE RELEASING PARTIES EVER HAD OR NOW HAS AGAINST ANY OF THE RELEASED I*ARTIES WITH RESPECT TO THE SANITARY SEWER AGREEMENT (OR TH& TERMINATION THEREOF). 3. COVENANT NOT TO SUE. EACH PARTY ON SUCH PARTY'S OWN BEHALF AND ON BEHALF OF SUCH PARTY'S SUCCESSORS AND ASSIGNS DOES HEREBY IRREVOCABLY COVENANT TO REFRAIN FROM, DIRECTLY OR INDIRECTLY, ASSERTING ANY CLAIM OR DEMAND, OR COMMENCING, INSTITUTING OR CAUSING TO BE COMMENCED, ANY PROCEEDING OF ANY KIND AGAINST ANY RELEASED PARTY, BASED UPON, ARISING OUT OF OR DERIVED FROM THE SANITARY SEWER AGREEMENT (OR THE TERMINATION THEREOF) OR ANY MATTER PURPORTED TO BE RELEASED HEREBY. 4. Authority. Each Party represents and warrants to the other Party that: (a) such Party has the full right, power and authority to execute and deliver this Agreement without obtaining any consents or approvals from, or the taking of any other actions with respect to any third parties, and (b) this Agreement, when executed and delivered by or on behalf of such Party, will constitute the legal, valid and binding agreement of such Party, enforceable against such Party in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws • creditor's • •" and •' principles of "• 5. Further Assurances. The Parties shall undertake to perform their obligations under this Agreement, to satisfy all conditions, and to cause the transactions contemplated by this Agreement to be carried out in accordance with the terms of this Agreement. Each Party shall, at any time and from time to time after the Effective Date, execute, acknowledge (where appropriate) and deliver such further instruments and documents and take such • action as may • reasonably requested by the other Party in order to carry out the intent and purpose of this Agreement. 6. Waiver. No waiver of any right under this Agreement shall be deemed effective unless contained in a writing signed by the Party charged with such waiver, and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future such right or of any other right arising under this Agreement. 7. COLInterix-p-ts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. N '•'. Entire Agj:��gjnet'q. This Agreement setsforth •.constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, promises and representations made by either Party or any agent thereof, to the other Party concerning the subject matter hereof and the terms applicable hereto. Neither Party is entering into this Agreement on a basis of any promise or representation other than those appearing within the four corners of this Agreement. This Agreement may not be released, discharged, amended, or modified in any manner except by an instrument in writing signed by both Parties. 11111,11 ♦ ININ1011 i ♦ j , • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective RIM By: Name: . ...... .... .. . . . . ... Title: ATTEST: By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CY -ATTORNEY By: By: Name: Gary D. ", otlgl."Is Title: Co-1-11-4,111t SIGNATURE PAGE To TERMINATION AND RELEASE AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me thiQ Vday o( d-2015, by George C. Campbell, City Manager of the City of Denton, a home , rtile muziicipalitv,can lac half of said home rule municipality. JENNIFER K, WALTERS Notary Public, SkAe of Texas My Cornrniss�on 6xpRes Decembet 19, 2018 C-TATE OF TEXAS § COUNTY OF MIDLAND § +'Notaly"blic'-State of Texas This instrument was acknowledged before me this 10'h day of August, 2015, by Gary D. Douglas, Co -President of Canyon Energy Partners, Ltd., a Texas limited partnership, on behalf of said limited partnership. V1 GRACIE MATA Notary Publlo Notary Public -State of Tex STATE OF TEXAS MFO-M. - . om-20117 ACKNOWLEDGMENT PAGE To TERMINATION AND RELEASE AGREEMENT Texas